HomeMy WebLinkAbout02/07/2006INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF FEBRUARY 7, 2006
1. CALL TO ORDER........................................................................................1
2. INVOCATION...............................................................................................1
3. PLEDGE OF ALLEGIANCE......................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS 2
5. PROCLAMATIONS AND PRESENTATIONS — CHAMBER OF
COMMERCE REGIONAL ECONOMIC DEVELOPMENT
STRATEGICPLAN.....................................................................................3
6.A. APPROVAL OF MINUTES — JANUARY 10, 2006 .................................4
6.B. APPROVAL OF MINUTES — JANUARY 17, 2006 .................................4
7. CONSENT AGENDA...................................................................................4
February 7, 2006 1
7.A.
REPORT.......................................................................................................................4
7.B.
APPROVAL OF WARRANTS...........................................................................................5
7.C.
APPROVAL OF WARRANTS...........................................................................................5
7.D.
INVESTMENT POLICYAND INVESTMENT REPORT —1 ST QUARTER FY2005-2006...... 5
7.E.
DORI SLOSBERG DRIVER EDUCATION SAFETY ACT - TRAFFIC EDUCATION
PROGRAMTRUST FUND..............................................................................................6
7.F.
2006 ELECTION OF UTILITY ADVISORY COMMITTEE (UAC) CHAIRMAN
ANDREWALLOCCO AND VICE CHAIRMANMARK GROSSMAN.................................... 6
7. G.
APPOINTMENT OF DENNIs RYAN TO THE SCHOOL PLANNING CITIZEN
OVERSIGHT COMMITTEE BY THE CITY OF VERO BEA cm ........................................... 6
7.H.
2006 ELECTION OF PROFESSIONAL SERVICES ADVISORY COMMITTEE (PSA C)
CHAIRMANRODNEYPARADISEAND VICE CHAIRMAN WARRENDILL .......................6
7.I.
INDIAN RIVER COUNTY APPOINTMENTS TO THE ECONOMIC OPPORTUNITIES
COUNCIL (EOC)-JERRYMORGAN, ANJANI CIRILLO, AND SUE RUX....................... 7
7..1
2006 ELECTION OF COUNCIL OF PUBLIC OFFICIALS (COPO) CHAIRMAN TOM
WHITE AND VICE CHAIRMAN JOEL TYSON................................................................. 7
7.K
2006 ELECTION OF LAND ACQUISITION ADVISORY COMMITTEE (LAAC)
CHAIRMAN JANICE BRODA AND VICE CHAIRMAN TALMAGE ROGERS) ..................... 7
7.L.
2006 COMMITTEE APPOINTMENTS BY THE INDIAN RIVER COUNTY SCHOOL
DISTRICT..................................................................................................................... 8
7.M.
2006 ELECTION OF CODE ENFORCEMENT BOARD CHAIRMAN KARL
ZIMMERMANNAND VICE CHAIRMAN JOSEPH GARONE............................................ 8
7.N.
2006 ELECTION OF METROPOLITAN PLANNING ORGANIZATION TECHNICAL
ADVISORY COMMITTEE (MPOTAC) CHAIRMAN BOB KEATING AND VICE
CHAIRMANCHRIS MORA............................................................................................8
7.0.
RESOLUTION NOS. 2006-011 THROUGH 2006-015 PROPERTYACQUISITIONS -
TAX ROLL REMOVAL & TAX CANCELLATIONS FRED & EDWARD PETERSON -
R/W 66m AVENUE & RETENTION POND, CROSSROADS PLAZA OF SEBASTIAN,
LLC - R/W COUNTY ROAD 512, LAKESIDE FELLOWSHIP BAPTIST CHURCH -
66THAVENUE, RANCHROADLAKE LLC- R/WPROPOSED 57TH STREET, WAYNE
COLLIER-RIW58THAVENUE SOUTH OF OSLO)........................................................9
7.P.
BRIANDAVIs -SAND MINE- CASHDEPOSITAND ESCROWAGREEMENT..............
10
February 7, 2006 2
7.Q.
RESOLUTION NO. 2006-116 - REQUESTING AUTHORIZATION FOR THE
GENERAL SERVICES DIRECTOR OR HIS DESIGNEE TO EXECUTE HOLD
HARMLESS AGREEMENTS ON BEHALF OF THE BOARD OF COUNTY
COMMISSIONERS CONCERNING DISPLAY OF ART IN COUNTY -OWNED
BUILDINGS BY EXHIBITORS THROUGH THE CULTURAL COUNCIL OF INDIAN
RIVERCOUNTY.........................................................................................................
11
7.R.
RESOLUTION NO. 2006-117 - 5TH AMENDMENT TO 99 YEAR LEASE (ST.
FRANCIS MANOR OF VERO BEACH, FLORIDA, ING) ...............................................
12
7.S.
PR 0 CLAMA TION AND RETIREMENTAWARD TO LAVERNE WALKER FOR 9 YEARS
OF SERVICE (RISKMANAGEMENT) ..........................................................................
12
7. T.
PROCLAMATION AND RETIREMENT AWARD TO NINA BORGIS FOR 15 YEARS OF
SERVICE NORTH Co uNTY LIBRAR Y) ......................................................................
12
7. U
PROCLAMATION AND RETIREMENT AWARD TO JUDY WRAY FOR 17 YEARS OF
SERT,ICE (NORTH COUNTYLIBRARY) ......................................................................
13
7. V
NORTH COUNTY REGIONAL PARK, PHASE II, PROJECT NO. 0399 - BARTH
CONSTRUCTION - PARTIAL RELEASE OF RETAINAGE ..............................................
13
7. W.
BID AWARD NO. 7057- RAISE ELEVATION OF THE FOOTBRIDGE AT ROUND
ISLAND PARK - SUMMERLIN'S SEVEN SEAS, INC. SHARON NICHOLSON
SETTLEMENT AGREEMENT) .....................................................................................
13
7.X.
RFP No. 2006-022 AWARDED - COMMUNICATION TOWER AT SEA OAKS
WASTEWATER TREATMENT PLANT - VERIZON WIRELESS PERSONAL
COMMUNICATIONS, LP DBA VERIZON WIRELESS - LAND LEASE AGREEMENT .....
14
7.Y.
GIFFORD YOUTH ACTIVITY CENTER, INC. - REIMBURSEMENT PER LEASE
AGREEMENT FOR MAINTENANCE AND REPAIRS .....................................................
14
7.Z.
RESOLUTIONN6.2006-118-MISCELLANEOUSBUDGETAMENDMENT007..........
14
7.AA
PARKS DIVISION - SCHEDULE OF USER FEES FOR COUNTY FACILITIES AND
EQUIPMENT..............................................................................................................
15
7.BB
BID No. 2006041- OSLO ROAD/LATERAL "J" CANAL BRIDGE REPLACEMENT -
L UCAS MARINE CONSTRUCTION, INC. - CHANGE WORK DIRECTI i'E NO. 1 AND
CHANGEORDER NO.1.............................................................................................
15
February 7, 2006 3
9.A.1. PUBLIC HEARING — WINDSOR PROPERTIES' REQUEST TO
MODIFY THE CONCEPTUAL PD PLAN TO EXPAND THE
WINDSOR PROJECT (PD SPECIAL EXCEPTION APPROVAL)
(LEGISLATIVE).........................................................................................16
9.A.2. PUBLIC HEARING — ORDINANCE NO. 2006-004 AMENDING
THE CODE OF INDIAN RIVER COUNTY REQUIRING
REGISTERED SEX OFFENDERS TO RESIDE AT LEAST 2,500
FEET FROM A SCHOOL, PARK, OR LICENSED DAYCARE
FACILITY (LEGISLATIVE)....................................................................17
9.B.1. PUBLIC DISCUSSION ITEM — REQUEST TO SPEAK FROM
BEA GARDNER REGARDING PRINTING THE BOARD'S
AGENDA IN THE PRESS JOURNAL....................................................18
9.C.1. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARINGS ON FEBRUARY 14 AND 21, 2006 .....................................19
A. FEBRUARY 14, 2006 - AMENDMENT TO NATIVE UPLAND SET-ASIDE
REQUIREMENTS - COUNTY -INITIATED AMENDMENT TO LAND DEVELOPMENT
REGULATIONS (LDRS) RELATING TO NATIVE UPLAND PLANT COMMUNITY
CONSERVATION REQUIREMENTS ASSOCIATED WITH NEW DEVELOPMENT (LDR
SECTION 929.05) (LEGISLATIVE)............................................................................. 19
B. FEBRUARY 21, 2006 -ANNE KEEN TRUST'S REZONING: REQUEST TO REZONE
±3 7.16 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF
4THSTREETAND 58THAVENUE, FROMA-1, AGRICULTURAL -1 DISTRICT (UP TO 1
UNIT/5ACRES), TO RS -3, SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO 3
UNITS/ACRE). ANNE KEEN TRUST, OWNER. KNIGHT, MCGUIRE & ASSOCIATES,
ING, AGENT (QUASI-JUDICIAL)............................................................................... 19
C FEBRUARY 21, 2006 - RYALL PARCEL ENVIRONMENTAL LAND ACQUISITION
BOARD CONSIDERATION TO PURCHASE THE RYALL PARCEL OF THE "SOUTH
PRONG SLOUGH" PROJECT UNDER THE COUNTY ENVIRONMENTAL LANDS
February 7, 2006 4
PROGRAM. THE SUBJECT 10.13 ACRE PARCEL, OWNED BY MARGARET A.
RYALL, IS LOCATED AT 7780 85TH STREET (A.K.A. CR 510) (QUASI JUDICIAL)....... 20
9.C.2. PUBLIC NOTICE ITEM SCHEDULED FOR FEBRUARY 7, 2006
(CORRECTED TO FEBRUARY 14, 2006) .............................................20
LAKEWOOD TERRACE SUBDli'ISION WATER SER i'ICE - WEST SIDE OF 27TH AVENUE,
NORTH OF ST. LUCIE COUNTY LINE - INDIAN RIVER COUNTY PROJECT NO.
UCP -2317 (ADMINISTRATITE)................................................................................ 20
11.C.1. GENERAL SERVICES — INDIAN RIVER COUNTY HOUSING
AUTHORITY — TENANT -BASED RENTAL ASSISTANCE
AGREEMENT WITH FLORIDA HOUSING FINANCE
CORPORATION — HOME INVESTMENT PARTNERSHIP
PROGRAM..................................................................................................20
11.C.2. GENERAL SERVICES — JAIL EXPANSION PROJECT -
AMENDMENT ONE — INITIAL GMP (GUARANTEED
MAXIMUM PRICE) — PETER R. BROWN CONSTRUCTION,
INC. — 100% PAYMENT AND PERFORMANCE BONDS
REQUIRED..................................................................................................21
11.C.3. GENERAL SERVICES - NEW COUNTY ADMINISTRATION
BUILDING — TURNER CONSTRUCTION — APPROVAL OF
CHANGE ORDERS 001 AND 002 (AND 003*) TO REDUCE GMP..22
1LL1. PUBLIC WORKS — RIGHT-OF-WAY ACQUISITION — 13TH
STREET SW BETWEEN 43p' AVENUE AND 58TH AVENUE—
DAVE W. AND JANICE WETHERINGTON........................................23
February 7, 2006 5
11.I.2. PUBLIC WORKS - RIGHT-OF-WAY ACQUISITION — 13TH
STREET SW BETWEEN 43RD AVENUE AND 58TH AVENUE—
DANIEL E. AND RANDI W. DEMPSEY................................................24
11.L3. PUBLIC WORKS — CIVIL ENGINEERING AND LAND
SURVEYING AGREEMENT — KIMLEY-HORN AND
ASSOCIATES, INC. - INTERSECTION IMPROVEMENTS AT
66TH AVENUE AND CR 510 — AMENDMENT NO.2...........................24
11.L4. PUBLIC WORKS — CIVIL ENGINEERING AND LAND
SURVEYING AGREEMENT — MCMAHON AND ASSOCIATES,
INC. - INTERSECTION IMPROVEMENTS AT CR 510 AND US
HIGHWAY 1— AMENDMENT NO. 1 ....................................................25
11.L5. PUBLIC WORKS — BID AWARD NO. 2006048 — POST
HURRICANES FRANCES AND JEANNE — EMERGENCY
BEACH RESTORATION — RANGER CONSTRUCTION
INDUSTRIES, INC. - JOHN'S ISLAND SEGMENT —
COST-SHARING AGREEMENT - PROJECT #0540 - BEACH
DUNE RESTORATION COST-SHARING WITH COMMUNITY
CONDOMINIUM SERVICES, INC.........................................................25
11.J. UTILITIES SERVICES — 72ND AVENUE SW FROM 15TH
STREET SW TO 13TH STREET SW IN GROVENOR ESTATES —
UCP #2696 — WATER SYSTEM CONFLICT RESOLUTIONS —
THE DANELLA COMPANIES — WORK AUTHORIZATION
DIRECTIVE NO. 2005-020 ........................................................................26
12. COUNTY ATTORNEY — MODIFICATION OF DEDICATION
NO. 23919 FROM THE BOARD OF TRUSTEES OF THE
February 7, 2006 6
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA TO INDIAN RIVER COUNTY —
MODIFICATION TO LEASE BETWEEN INDIAN RIVER
COUNTY, FLORIDA AND ENVIRONMENTAL LEARNING
CENTER, INC. (ELC)................................................................................27
13.A. CHAIRMAN ARTHUR R. NEUBERGER - NONE..............................28
13.B. VICE CHAIRMAN GARY C. WHEELER - NONE..............................28
13.C. COMMISSIONER SANDRA L. BOWDEN – CONSIDERATION
OF REQUEST FOR ORDINANCE AMENDMENT TO
PRECLUDE ANY ACTION AND/OR MOTIONS ON MATTERS
LISTED UNDER PUBLIC DISCUSSION ITEMS................................28
13.D. COMMISSIONER WESLEY S. DAVIS - NONE..................................29
13.E. COMMISSIONER THOMAS S. LOWTHER – BOND FOR
MOVING HOMES (FLORIDA RIDGE HOUSE).................................30
14.A. EMERGENCY SERVICES DISTRICT - NONE...................................31
14.B. SOLID WASTE DISPOSAL DISTRICT - NONE..................................31
14.C. ENVIRONMENTAL CONTROL BOARD - NONE..............................31
February 7, 2006 7
February 7, 2006
MEETING OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on
Tuesday, February 7, 2006, at 9:00 a.m. Present were Chairman Arthur R. Neuberger, Vice
Chairman Gary C. Wheeler, Commissioners Sandra L. Bowden, Wesley S. Davis, and Thomas S.
Lowther. Also present were Administrator Joseph A. Baird, County Attorney William G. Collins
II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Patricia Ridgely.
1. CALL TO ORDER
Chairman Neuberger called the meeting to order.
2. INVOCATION
Rev. Gary Moore, Community Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Davis led the Pledge of Allegiance to the Flag.
February 7, 2006 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Neuberger announced the following requested changes to the agenda:
Defer Item 6.B., approval of January 17, 2006 minutes, to February 14, 2006;
Add Emergency Item 7.CC., Out -of -county travel to Tallahassee for Commissioner
Davis and County Administrator Baird; (Clerk's note: Not added, see below.)
7, 2006;
Correction to Item 9.C.2., hearing date corrected to February 14, 2006, not February
Additional Backup for Item 11.C.2.; and
Add Emergency Item 11.C.3., New County Administration Building Change Orders
001 and 002 with Turner Construction Company.
There were questions regarding the emergency nature of Item 7.CC. In response to
questions from Commissioner Bowden, Commissioner Davis advised that Representative Stan
Mayfield had arranged a meeting with the Secretary of Florida Department of Transportation
(FDOT) to discuss some of the State and Federal highways. It was not on the agenda initially
because he was unsure whether he would be able to travel due to family illness.
Vice Chairman Wheeler would not agree to put this matter on the agenda as an
emergency item because he believed the Commission and the Metropolitan Planning Organization
(MPO) should have input in this matter; that another appointment could be arranged; and that
appropriate staff should attend.
County Administrator Baird explained that this opportunity arose from a
conversation with Representative Mayfield several days prior and that he should have kept the
Commission informed of it. County Administrator Baird suggested he could speak with the FDOT
Secretary on a conference call rather than a meeting in person.
February 7, 2006 2
Commissioner Lowther, Chairman Neuberger, and Commissioner Bowden
indicated their support to add the item to the agenda. Commissioner Bowden wanted to have more
information should something like this come up again as an emergency add-on item.
County Attorney Collins reminded them that changes to the agenda require the
unanimous vote of the Commission.
Chairman Neuberger asked for separate motions.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, requested changes to the agenda,
with the exception of addin4 Item 7.CC., were unanimously
approved.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Commission by a 4-1 vote (Vice
Chairman Wheeler opposed) did not add Item 7.CC. to the
Agenda. (Clerk's Note: Unanimous vote required.)
5. PROCLAMATIONS AND PRESENTATIONS — CHAMBER OF
COMMERCE REGIONAL ECONOMIC DEVELOPMENT
STRATEGIC PLAN
Helene Caseltine, Economic Development Director for the Indian River County
Chamber of Commerce, advised that they have been working on this plan since mid 1990s and the
document before them represents 1 year's work. She asked for the Board's endorsement of the
regional strategic plan. She listed other endorsements for the plan which included Indian River
Community College Board of Trustees, the Chamber's Board of Directors, the County's
Economic Development Council, St. Lucie County's Chamber of Commerce, and the Martin
February 7, 2006 3
County Development Board. (The formalized economic development plan is filed with the
backup in the Office of the Clerk to the Board.)
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board endorsed the plan, A
Regional Approach to Economic Diversity, as presented.
6.A. APPROVAL OF MINUTES - JANUARY 10, 2006
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting on January 10, 2006. There were none.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Meeting of January 10, 2006, as written and
distributed.
6.11. APPROVAL OF MINUTES - JANUARY 17, 2006
Deferred to February 14, 2006.
7. CONSENT AGENDA
7.A. REPORT
The following report has been received and is on file in the office of the Clerk to the
2006 Indian River County Hospital District Meeting Schedule.
February 7, 2006 4
7.8. APPROVAL OF WARRANTS
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously
approved the list of Warrants issued by the Clerk to the
Board for the period January 13-19, 2006, as requested.
7. C. APPROVAL OF WARRANTS
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously
approved the list of Warrants issued by the Clerk to the
Board for the period January 20-26, 2006, as requested.
7.D. INVESTMENT POLICYAND INVESTMENT REPORT — IST QUARTER FY
2005-2006
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously
accepted the Investment Advisory Committee's Quarterly
Report, as recommended in the memorandum of January
23, 2006.
February 7, 2006 5
7.E. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT — TRAFFIC
EDUCATIONPROGRA M TRUST FUND
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously
accepted the annual report as submitted in the backup, as
recommended in the memorandum of January 16, 2006.
7.F. 2006 ELECTION OF UTILITY ADVISORY COMMITTEE (UAC)
CHAIRMAN ANDREW ALLOCCO AND VICE CHAIRMAN MARK
GROSSMAN
Election noted for the record.
7.G. APPOINTMENT OF DENNIS RYAN TO THE SCHOOL PLANNING
CITIZEN OVERSIGHT COMMITTEE BY THE CITY OF VERO BEACH
Appointment noted for the record.
7.K 2006 ELECTION OF PROFESSIONAL SERVICES ADVISORY
COMMITTEE (PSAC) CHAIRMAN RODNEY PARADISE AND VICE
CHAIRMAN WARREN DILL
Election noted for the record.
February 7, 2006 6
7.1. INDIAN RIVER COUNTY APPOINTMENTS TO THE ECONOMIC
OPPORTUNITIES COUNCIL (EOC) — .TERRY MORGAN. ANJANI
CIRILL0. AND ,SUERUX
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously
appointed Jerry Morgan, Anjani Cirillo, and Sue Rux, as
recommended in the memorandum of January 23, 2006.
U 2006 ELECTION OF COUNCIL OF PUBLIC OFFICIALS (COPO)
CHAIRMAN TOM WHITE AND VICE CHAIRMAN .JOEL TYSON
Election noted for the record.
7.K. 2006 ELECTION OF LAND ACQUISITION ADVISORY COMMITTEE
(LAAO) CHAIRMANJANICE BRODA AND VICE CHAIRMAN TALMAGE
ROGERS)
Election noted for the record.
February 7, 2006 7
U. 2006 COMMITTEE APPOINTMENTS BY THE INDIAN RIVER COUNTY
SCHOOL DISTRICT
Appointments for 2006 noted for the record as follows:
MPO Citizen Advisory Committee Michael Durwin
MPO Technical Advisory Committee Kathleen Geyer
Parks and Recreation Committee Dale Klaus
School Planning Citizen Oversight Committee Peter Robinson
School Planning Working Group Committee Dr. Dan McIntyre and
Mrs. Susan Olson
7.M. 2006 ELECTION OF CODE ENFORCEMENT BOARD CHAIRMAN KARL
ZIMMERMANN AND VICE CHAIRMAN JOSEPH GARONE
Elections noted for the record.
7.N. 2006 ELECTION OF METROPOLITAN PLANNING ORGANIZATION
TECHNICAL ADVISORY COMMITTEE (MPOTAO CHAIRMAN BOB
KEA TING AND VICE CHAIRMAN CHRIS MORA
Elections note for the record.
February 7, 2006 8
7.0. RESOLUTION Nos. 2006-011 THROUGH 2006-015 PROPERTY
ACQUISITIONS — TAX ROLL REMOVAL & TAX CANCELLATIONS
(FRED & EDWARD PETERSON - R/W 66TH AVENUE & RETENTION
POND, CROSSROADS PLAZA OF ,SEBASTIAN. LLC — R/W COUNTY
ROAD 512, LAKESIDE FELLOWSHIP BAPTIST CHURCH — 66TH
AVENUE. RANCH ROAD LAKE LLC — R/W PROPOSED 57TH ,STREET,
WAYNE COLLIER —R/W 58THAVENUE SOUTH OF OSLO)
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously adopted
Resolution No. 2006-011 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(Fred & Edward Peterson - R/W 66th Avenue & Retention
Pond)
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously adopted
Resolution No. 2006-012 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(Crossroads Plaza of Sebastian, LLC — R/W County Road
512.)
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously adopted
Resolution No. 2006-013 canceling taxes upon publicly
February 7, 2006 9
owned lands, pursuant to Section 196.28, Florida Statutes.
(Lakeside Fellowship Baptist Church — 66th Avenue.)
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously adopted
Resolution No. 2006-014 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(Ranch Road Lake LLC — R/W Proposed 57th Street)
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously adopted
Resolution No. 2006-015 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(Wayne Collier — R/W — 58th Avenue south of Oslo.)
7.P. BRIAN DAVIS -,SAND MINE — CASH DEPOSIT AND ESCROW
AGREEMENT
Commissioner Davis announced a voting conflict on this as Brian Davis is his
brother. (Voting Conflict form is on file with the backup in the office of the Clerk to the Board.)
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously (by a
vote of 4-0, Commissioner Davis abstaining) approved the
proposed Cash Deposit and Escrow Agreement
SP -MA -04-08-46 (2002040059-40549) and authorized the
February 7, 2006 10
Chairman to execute same, as recommended in the
memorandum of January 31, 2006.
COPY OF CASH DEPOSIT AND ESCROW AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.0. RESOLUTION NO. 2006-II6 — REQUESTING AUTHORIZATION FOR
THE GENERAL SERVICES DIRECTOR OR HIS DESIGNEE TO EXECUTE
HOLD HARMLESS AGREEMENTS ON BEHALF OF THE BOARD OF
COUNTY COMMISSIONERS CONCERNING DISPLAY OF ART IN
COUNTY --OWNED BUILDINGS BY EXHIBITORS THROUGH THE
CULTURAL COUNCIL OF INDIAN RIVER COUNTY
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously adopted
Resolution No 2006-116 granting authorization to the
General Services Director or his Designee to execute hold
harmless agreements on behalf of Indian River County to
allow exhibitors, through the Cultural Council of Indian
River County, to display art in County -owned buildings.
February 7, 2006 11
7.R. RESOLUTION NO. 2006-117— 5TH AMENDMENT TO 99 YEAR LEASE
(ST. FRANCIS MANOR OF VERO BEACH. FLORIDA. INC.)
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously adopted
Resolution No. 2006-117 approving a fifth amendment to
the ninety-nine year lease with St. Francis Manor of Vero
Beach, Florida, Inc., a Florida non-profit corporation.
FIFTH AMENDMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
AND HAS BEEN RECORDED IN THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY
7.S. PROCLAMATION AND RETIREMENT AWARD TO LAVERNE WALKER
FOR 9 YEARS OF SERVICE (RISKMANAGEMENT)
Proclamation and award noted for the record.
7.T PROCLAMATIONAND RETIREMENT A WARD TO NINA BORGIS FOR 15
YEARS OF SERVICE (NORTH COUNTYLIBRARY)
Proclamation and award noted for the record.
February 7, 2006 12
7.U. PROCLAMATION AND RETIREMENT AWARD TO .JUDY WRAY FOR 17
YEARS OF SERVICE (NORTH COUNTYLIBRARY)
Proclamation and award noted for the record.
7. V NORTH COUNTY REGIONAL PARK, PHASE A PROJECT NO. 0399 —
BARTH CONSTRUCTION- PARTIAL RELEASE OF RETAINAGE
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously
accepted the project and approved releasing retainage in the
amount of $131,375.83 to Barth Construction, Inc., with
funding from Account No. 31521072-066510-04014, as
recommended in the memorandum of January 31, 2006.
7.W. BID A WARD NO. 7057 — RAISE ELEVATION OF THE FOOTBRIDGE AT
ROUND ISLAND PARK — SUMMERLIN'S SEVEN SEAS, INC (SHARON
NICHOLSON SETTLEMENT AGREEMENT)
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously
awarded Bid No. 7057 to the lowest responsible bidder,
Summerlin's Seven Seas, Inc., in the total amount of
$45,400.00 including performance and payment bonds, as
recommended in the memorandum of January 18, 2006.
February 7, 2006 13
7.X. RFP No. 2006-022 AWARDED — COMMUNICATION TOWER AT SEA
OAKS WASTEWATER TREATMENT PLANT — VERIZON WIRELESS
PERSONAL COMMUNICATIONS. LP DBA VERIZON WIRELESS — LAND
LEASE AGREEMENT
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously
awarded RFP No. 2006022 to Verizon Wireless pending
successful negotiation by staff of a lease agreement; the
completed agreement will be brought back to the Board for
final approval, as recommended in the memorandum of
January 31, 2006.
7.Y GIFFORD YOUTH ACTIVITY CENTER, INC — REIMBURSEMENT PER
LEASE AGREEMENT FOR MAINTENANCE AND REPAIRS
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously
approved reimbursement to the Gifford Youth Activity
Center to cover the sprinkler repair costs at the GYAC in
the amount of $829.00, as recommended in the
memorandum of January 31, 2006.
7.Z. RESOLUTION NO. 2006-II8 — MISCELLANEOUS BUDGET
AMENDMENT 007
February 7, 2006 14
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously adopted
Resolution No. 2006-118 amending the fiscal year
2005-2006 budget.
7.AA PARKS DIVISION - ,SCHEDULE OF USER FEES FOR COUNTY
FACILITIES AND EQUIPMENT
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously
approved the schedule of user fees for the use of County
facilities and equipment as specified in the backup, as
recommended in the memorandum of February 1, 2006.
7.BB BID No. 2006041 - OSLO ROAD/LATERAL "J" CANAL BRIDGE
REPLACEMENT — LUCAS MARINE CONSTRUCTION. INC — CHANGE
WORK DIRECTIVE NO. I AND CHANGE ORDER NO. I
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously
approved Change Order No. 1 to the contract with Lucas
Marine Construction, Inc., in the amount of $36,905.00, as
recommended in the memorandum of February 1, 2006.
CHANGE ORDER NO. i IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
February 7, 2006 15
9.A.I. PUBLIC HEARING - WINDSOR PROPERTIES' REOUEST TO
MODIFY THE CONCEPTUAL PD PLAN TO EXPAND THE
WINDSOR PROJECT (PD SPECIAL EXCEPTION
APPROVAL) (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling reviewed the memorandum dated January 6, 2006, in
detail using visual aids as provided in the backup to explain Windsor Properties' request to modify
the conceptual PD (planned development) to expand the Windsor project. As a result of the P & Z
(Planning and Zoning Commission) meeting, internal roads, not external, will be used for
construction access purposes. He advised that staff and the Planning and Zoning Commission
unanimously recommended approval with conditions as set out in the memorandum.
Community Development Director Bob Keating responded to Chairman
Neuberger's inquiry regarding the status of the Windsor land swap. Director Keating expected
staff would be back to the Board on that matter in the near future.
The Chairman opened the public hearing.
Keith Pelan, Kimley-Horn and Associates, Inc., representing Windsor Properties,
offered to respond to any questions. (There were none.)
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously granted PD
special exception approval for the proposed modifications
February 7, 2006 16
to the overall Windsor PD, with the following conditions:
1) Prior to issuance of an LDP, the applicant shall obtain
approval of the buffer landscape plan; 2) Prior to the
issuance of a certificate of completion, the applicant shall:
(a) Complete the landscape buffer as approved; and (b)
document that the existing SR A -1-A sidewalk has not been
damaged; 3) all structures shall be set back 49' from the
north property line, as recommended in the memorandum
of January 6, 2006.
9.A.2. PUBLIC HEARING — ORDINANCE NO. 2006-004 AMENDING
THE CODE OF INDIAN RIVER COUNTY REOUIRING
REGISTERED SEX OFFENDERS TO RESIDE AT LEAST 2,500
FEET FROM A SCHOOL, PARK, OR LICENSED DAYCARE
FACILITY (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Assistant County Attorney William K. DeBraal reviewed the memorandum and
explained current state law in relation to this issue. Sheriff Roy Raymond's General Counsel Jim
Harpring, assisted in the preparation of this ordinance. In response to questions, Attorney DeBraal
advised this ordinance is not retroactive and it is up to the offender to be aware of it.
The Chairman opened the public hearing. There were no speakers and the Chairman
closed the public hearing.
February 7, 2006 17
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously adopted
Ordinance No. 2006-004 adopting the Indian River County
Code Section 306.06 creating residency restrictions for
registered sex offenders; providing for codification;
providing for severability; and providing for an effective
date.
9.B.1. PUBLIC DISCUSSION ITEM - REOUEST TO SPEAK FROM
BEA GARDNER REGARDING PRINTING THE BOARD'S
AGENDA IN THE PRESS JOURNAL
Bea Gardner asked the Board to reconsider publishing the agenda in the
newspaper, and presented several reasons for the request.
The Commissioners discussed the matter at length. It was mentioned that the cost
would be approximately $40,000 per year and more expensive on Sundays. The information is
already available through the Internet, Libraries, and the County's Cable TV Channel 27, and the
publisher of the newspaper had previously declined our request to print the Board's agendas as a
community service.
MOTION WAS MADE by Vice Chairman Wheeler,
SECONDED by Commissioner Davis, to publish the Board
of County Commissioners' agenda in the local newspaper
for a year and then re-evaluate the matter.
February 7, 2006 18
Under discussion, it was noted that the cost would have to be funded out of the
County's General Fund Contingencies. County Administrator Baird suggested he could go to the
newspaper to request the Board's agenda be printed without charge to the County.
The Chairman CALLED THE QUESTION and the motion
carried by a 3-2 vote (Commissioner Bowden and
Chairman Neuberger opposed).
After more discussion, there was CONSENSUS for County Administrator Baird to
meet with the Press Journal to negotiate a lower fee, a standard day of publication, and the
placement of the agenda in the newspaper.
9.C.1. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARINGS ON FEBRUARY 14 AND 21, 2006
A. FEBRUARY 14, 2006 — AMENDMENT TO NATIVE UPLAND SET-ASIDE
REQUIREMENTS - COUNTY -INITIATED AMENDMENT TO LAND
DEVELOPMENT REGULATIONS (LDRS) RELATING TO NATIVE UPLAND
PLANT COMMUNITY CONSERVATION REOUIREMENTS ASSOCIATED WITH
NEW DEVELOPMENT (LDR SECTION 929.05) (LEGISLATIVE)
B. FEBRUARY 21, 2006 — ANNE KEEN TRUST'S REZONING: REQUEST TO
REZONE ±37.16 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE
INTERSECTION OF 4TH STREET AND 58TH AVENUE, FROM A-1.
AGRICULTURAL -1 DISTRICT (UP TO 1 UNIT/5ACRES), TO RS -3,
SINGLE-FAMILYRESIDENTIAL DISTRICT (UP TO 3 UNITS/ACRE). ANNE
February 7, 2006 19
KEEN TRUST, OWNER. KNIGHT. MCGUIRE & ASSOCIATES. INC
AGENT (0UASI-.JUDICIAL)
C. FEBRUARY 21, 2006 — RYALL PARCEL ENVIRONMENTAL LAND
ACQUISITION BOARD CONSIDERATION TO PURCHASE THE RYALL
PARCEL OF THE "SOUTH PRONG SLOUGH" PROJECT UNDER THE
COUNTY ENVIRONMENTAL LANDS PROGRAM. THE SUBJECT 10.13
ACRE PARCEL, OWNED BYMARGARET A. RYALL, IS LOCATED AT 7780
85TH STREET (A.K.A. CR 510) (QUASI-JUDICIAL)
Executive Aide Kimberly Massung read the above notices into the record.
9.C.2. PUBLIC NOTICE ITEM SCHEDULED FOR FEBRUARY 7,
2006 (CORRECTED TO FEBRUARY 14, 2006)
LAKEWOOD TERRACE SUBDIVISION WATER SERVICE — WEST SIDE OF
2 71H A VENUE, NORTH OF ST. L UCIE COUNTY LINE — INDIAN RIVER
COUNTYPROJECTNO. UCPR2317 (ADMINISTRATIVE)
Executive Aide Kimberly Massung read the above notice into the record.
11.C.1. GENERAL SERVICES — INDIAN RIVER COUNTY HOUSING
AUTHORITY — TENANT -BASED RENTAL ASSISTANCE
AGREEMENT WITH FLORIDA HOUSING FINANCE
CORPORATION — HOME INVESTMENT PARTNERSHIP
PROGRAM
February 7, 2006 20
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Lowther, the Board unanimously
authorized the Chairman to execute the Tenant -Based
Rental Assistance (TBRA) Agreement with Florida
Housing Finance Corporation, as recommended in the
memorandum of January 31, 2006.
AGREEMENT AND GRANT APPLICATION ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.C.2. GENERAL SERVICES — JAIL EXPANSION PROJECT -
AMENDMENT ONE — INITIAL GMP (GUARANTEED
MAXIMUM PRICE) — PETER R. BROWN CONSTRUCTION,
INC. — 100% PAYMENT AND PERFORMANCE BONDS
REOUIRED
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously approved
AIA 121 CMc Amendment 41 to agreement with Peter R.
Brown Construction, Inc., establishing the Initial
Guaranteed Maximum Price of $18,301,631 for the Indian
River County Jail expansion project; authorized the
Chairman to execute the documents; authorized the
procedures for establishing and managing the Owner's
Contingency outlined in the memorandum; and approved
that Payment and Performance Bonds be required at 100%
February 7, 2006 21
of the cost of construction, all as recommended in the
memorandum of January 31, 2006.
AMENDMENT #1 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.C.3. GENERAL SERVICES - NEW COUNTY ADMINISTRATION
BUILDING — TURNER CONSTRUCTION — APPROVAL OF
CHANGE ORDERS 001 AND 002 (AND 003*) TO REDUCE
GMP
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
Change Orders 001 and 002 to the GMP for the new County
Administration Building collectively reducing the
Guaranteed Maximum Price from $33,086,442 to
$29,242,198 and establishing an Owner's Contingency
with the GMP of $231,504 and authorized the County
Administrator to sign the approved change orders on behalf
of Indian River County, as recommended in the
memorandum of February 6, 2006.
CHANGE ORDERS 001, 002, AND 003*
(*EXECUTED BY COUNTY ADMINISTRATOR BAIRD AS AUTHORIZED)
ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
February 7, 2006 22
1LL1. PUBLIC WORKS — RIGHT-OF-WAY ACOUISITION — 13TH
STREET SW BETWEEN 43p' AVENUE AND 58TH AVENUE —
DAVE W. AND JANICE WETHERINGTON
Public Works Director Jim Davis explained the primary reason for the acquisition of
this property and the property in the next item (Item 11.L2.) is to relieve traffic congestion on 43rd
Avenue. There are 4 more parcels necessary to complete a one -mile section.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Vice Chairman Wheeler, to approve
staff's recommendation.
Under discussion, Commissioners Lowther and Bowden questioned and commented
on the cost of the property.
The Chairman CALLED THE QUESTION and the motion
carried unanimously. (The Board unanimously approved
the counter offer to the agreement as presented [Alternative
No. 1] by which the Board of County Commissioners
approved the $50,000 purchase of real estate from Dave W.
and Janice Wetherington and authorized the Chairman to
execute the Agreement, as recommended in the
memorandum of January 30, 2006.)
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
February 7, 2006 23
11.L2. PUBLIC WORKS - RIGHT-OF-WAY ACOUISITION — 13TH
STREET SW BETWEEN 43p' AVENUE AND 58TH AVENUE —
DANIEL E. AND RANDI W. DEMPSEY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board unanimously approved
the counter offer to the agreement as presented (Alternative
No. 1) by which the Board of County Commissioners
approved the $50,000 purchase of real estate from Daniel
E. and Randi W. Dempsey and authorized the Chairman to
execute the Agreement, as recommended in the
memorandum of January 31, 2006.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.3. PUBLIC WORKS — CIVIL ENGINEERING AND LAND
SURVEYING AGREEMENT — KIMLEY-HORN AND
ASSOCIATES, INC. - INTERSECTION IMPROVEMENTS AT
66TH AVENUE AND CR 510 — AMENDMENT NO.2
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board unanimously approved
the proposed Amendment No. 2 to the contract with
Kimley-Horn and Associates, Inc., as negotiated and as
recommended in the memorandum of January 25, 2006.
February 7, 2006 24
AMENDMENT NO. 2 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.4. PUBLIC WORKS — CIVIL ENGINEERING AND LAND
SURVEYING AGREEMENT — McMAHON AND ASSOCIATES,
INC. - INTERSECTION IMPROVEMENTS AT CR 510 AND US
HIGHWAY 1— AMENDMENT NO. 1
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously approved
the proposed Amendment No. 1 to the contract with
McMahon and Associates, Inc., as negotiated and as
recommended in the memorandum of January 18, 2006.
AMENDMENT NO. i IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.L5. PUBLIC WORKS — BID AWARD NO. 2006048 — POST
HURRICANES FRANCES AND JEANNE — EMERGENCY
BEACH RESTORATION — RANGER CONSTRUCTION
INDUSTRIES, INC. - JOHN'S ISLAND SEGMENT —
COST-SHARING AGREEMENT - PROJECT #0540 - BEACH
DUNE RESTORATION COST-SHARING WITH COMMUNITY
CONDOMINIUM SERVICES, INC.
February 7, 2006 25
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously awarded
Bid No. 2006048 to Ranger Construction Industries, Inc. of
Ft. Pierce, Florida for $1,145,718.70, approved the
proposed agreement, and authorized the Chairman to
execute the same; further, the Board unanimously approved
the proposed cost-sharing Agreement for Beach Dune
Restoration Cost -Sharing with Community Condominium
Services, Inc. (John's Island), as recommended in the
memorandum of January 30, 2006.
AGREEMENT, COPY OF RECORDED PERFORMANCE BOND
AND LIABILITY INSURANCE CERTIFICATE
ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J. UTILITIES SERVICES — 72ND AVENUE SW FROM 15TH
STREET SW TO 13TH STREET SW IN GROVENOR ESTATES
— UCP #2696 — WATER SYSTEM CONFLICT RESOLUTIONS —
THE DANELLA COMPANIES — WORK AUTHORIZATION
DIRECTIVE NO. 2005-020
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously approved the
Grovenor Estates Water project as stated, approved Work
Authorization Directive No. 2005-020 to The Danella
Companies authorizing payment of up to $8,660.47, and
February 7, 2006 26
authorized the Chairman to execute same, as presented, all
as recommended in the memorandum of January 19, 2006.
WORK AUTHORIZATION DIRECTIVE NO. 2005-020 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
12. COUNTY ATTORNEY - MODIFICATION OF DEDICATION
NO. 23919 FROM THE BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA TO INDIAN RIVER COUNTY -
MODIFICATION TO LEASE BETWEEN INDIAN RIVER
COUNTY, FLORIDA AND ENVIRONMENTAL LEARNING
CENTER, INC. (ELC)
County Attorney Collins reviewed the memorandum of January 31, 2006. He
referred to page 390 in agenda backup to show the 12 -acres to be added. He stated that by their
action, the Board would accept the property for the County and also modify the lease with the ELC
to include the additional property.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Vice Chairman Wheeler, to approve
staff's recommendation.
Under discussion and in response to Chairman Neuberger's questions, Holly Dill,
Execute Director of the ELC, advised the names of the private property owners nearby.
The Chairman CALLED THE QUESTION and the motion
carried unanimously. (The Board authorized the Chairman
February 7, 2006 27
to execute the Modification to Trustee's Dedication No.
23919 and the Modification to Lease with the
Environmental Learning Center, Inc. to accept dedication
of additional properties and include them within the
Environmental Learning Center, Inc. leasehold properties,
as recommended in the memorandum of January 31, 2006.)
COPY OF THE PARTIALLY EXECUTED MODIFICATION OF DEDICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
13.A. CHAIRMAN ARTHUR R. NEUBERGER - NONE
13.B. VICE CHAIRMAN GARY C. WHEELER - NONE
13.C. COMMISSIONER SANDRA L. BOWDEN - CONSIDERATION
OF REOUEST FOR ORDINANCE AMENDMENT TO
PRECLUDE ANY ACTION AND/OR MOTIONS ON MATTERS
LISTED UNDER PUBLIC DISCUSSION ITEMS
Commissioner Bowden was concerned about what happened at their last meeting
when the Commissioners listened for three hours to comments from the public and then took
substantive action on an item that was not noticed and there was no backup. She thought this
should not happen again and referred to a related memorandum on page 408 in the backup from
County Attorney Collins.
Chairman Neuberger explained that as an accommodation to the public he had
allowed them to comment and the Board had directed staff to bring back an amendment (to the
February 7, 2006 28
Comprehensive Plan for the 4-laning of 27th and 43rd Avenues with a boulevard effect) for the
Board's consideration.
County Attorney Collins gave his explanation of what had occurred.
Discussion ensued during which it was brought out that there had been many other
opportunities for the public to comment on the same issue and further any changes to the
Comprehensive Plan would have to be noticed and a public hearing would have to be held.
Discussion ensued during which the Commissioners expressed their personal
feelings on allowing the public to speak during Board meetings and the Public Discussion period.
Joseph Paladin spoke about the previous meeting's discussion and the backup he
provided for it. He thought there was no question that his item was related to the widening of 27th
& 43rd Avenues. He explained how he had spent a lot of time talking with certain individuals who
had been vocal in their opposition to widening 27th & 43rd Avenues and advised that he had worked
with staff to try to give the residents more aesthetic roadways. Those individuals were present at
that prior meeting and there was no adverse input from them at that time.
Commissioner Bowden had concerns about possible Sunshine law violations.
County Attorney Collins clarified the Sunshine law. Explanations and discussion
ensued during which several participants disavowed any violation of the Sunshine law.
County Administrator Baird commented that staff has always believed that road
widening was necessary to correct the traffic congestion issue. He endorsed having Mr. Paladin
discuss his plan with staff and staff would be bringing forward a Comprehensive Plan amendment
to widen those roads.
NO ACTION WAS TAKEN.
13.D. COMMISSIONER WESLEY S. DAVIS - NONE
February 7, 2006 29
13.E. COMMISSIONER THOMAS S. LOWTHER - BOND FOR
MOVING HOMES (FLORIDA RIDGE HOUSE)
Commissioner Lowther referred to the house that was moved to Florida Ridge, and
that the Board has never made a motion to reinstate the performance bond to avoid a similar future
predicament.
MOTION WAS MADE by Commissioner Lowther,
SECONDED by Commissioner Bowden, to direct staff to
initiate the process necessary for reinstatement of the
performance bond.
Scott Dillon, representing 3 Brothers and a Sister, (the entity that moved the house
to Florida Ridge) urged the Board not to reinstate the bond claiming that it will cut out the little guy
by making the process too expensive to relocate and rehabilitate existing housing stock for
affordable rentals.
Discussion ensued about the house, the problems encountered by the neighbors, the
difficulties the owners of the house have had, and when it would be completed and ready to lease.
The Chairman CALLED THE QUESTION and the motion
carried unanimously.
February 7, 2006 30
14.A. EMERGENCY SERVICES DISTRICT - NONE
14.B. SOLID WASTE DISPOSAL DISTRICT - NONE
14.C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 10:31 a.m.
ATTEST:
Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman
Minutes Approved:
BCC/PR/3006 Minutes
February 7, 2006 31