HomeMy WebLinkAbout03/14/2006
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MARCH 14, 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 ....................................... 2
A.PPDMM,
RESENTATION OF ROCLAMATION ESIGNATING THE ONTH OF ARCH
2006ARCM ....................................................................2
AS MERICAN ED ROSS ONTH
B.PTRBAAS
RESENTATION OF OP ESTORED EACH WARD FROM MERICAN HORE
BPA .................................................................3
AND EACH RESERVATION SSOCIATION
6.APPROVAL OF MINUTES - NONE ......................................................... 3
7.CONSENT AGENDA ................................................................................... 3
7.A.R .....................................................................................................................4
EPORTS
7.B.ACTDA-2006 ...................................................4
NNUAL OUNTY AX EED PPLICATIONS
7.C.PHAC.“J”D,III,P
ROCLAMATION ONORING NDREW ACK IEHL ASTOR
ASOSLCVB .......5
PPRECIATION UNDAY AT UR AVIOR UTHERAN HURCH IN ERO EACH
March 14, 2006
1
7.D.AFTA ..............................................................5
FTER THE ACT RAVEL UTHORIZATION
7.E.RHRAC
ESIGNATION FROM THE ISTORIC ESOURCES DVISORY OMMITTEE
(HRAC).......................................................................................................................6
7.F.RCBA&A ......6
ESIGNATION FROM THE ONSTRUCTION OARD OF DJUSTMENT PPEALS
7.G.AAP&RA
PPOINTMENT OF LTERNATE ON THE ARKS ECREATION DVISORY
C ................................................................................................................7
OMMITTEE
7.H.AW ...........................................................................................7
PPROVAL OF ARRANTS
7.I.P6”FMA66A,33S41
THRDST
ROPOSED ORCE AIN LONG VENUE FROM TREET TO
SP12”FMA58A,
TH
TREET AND FOR ROPOSED ORCE AIN LONG VENUE FROM
41S43S–ACSS ..............7
STRD
TREET TO TREET WARD ONTRACT FOR URVEY ERVICES
7.J.AESDA
PPOINTMENT TO THE MERGENCY ERVICES ISTRICT DVISORY
C ................................................................................................................8
OMMITTEE
7.K.RSP“PP
ESOLUTION UPPORTING THE ROPOSED ERMANENT ROTECTION FOR
FA2006” ..............................................................................................8
LORIDA CT OF
7.L.MBA010 .............................................................8
ISCELLANEOUS UDGET MENDMENT
7.M.AMLAAC ....................9
DDITIONAL EMBER TO AND CQUISITION DVISORY OMMITTEE
7.N.ALAAC........................9
PPOINTMENTS TO THE AND CQUISITION DVISORY OMMITTEE
7.O.RTCCAT
EQUEST BY URNER ONSTRUCTION OMPANY TO UTHORIZE A IME
CPSNCA
APSULE ROJECT ON THE ITE OF THE EW OUNTY DMINISTRATION
B ....................................................................................................................9
UILDING
7.P.ARC“A”CP
PPROVAL OF ENEWAL FOR A LASS ERTIFICATE OF UBLIC
CNIRSD
ONVENIENCE AND ECESSITY FOR NDIAN IVER HORES EPARTMENT OF
PS ....................................................................................................... 10
UBLIC AFETY
7.Q.WBVD’AD
INTER EACH ILLAGE EVELOPERS GREEMENT FOR EVELOPER
CIICR510U.S.1 .............. 10
ONTRIBUTION TO NTERSECTION MPROVEMENT AT AND
7.R.70A(PLR)CR510BSM
TH
VENUE OWER INE OAD TO ARBER TREET AINTENANCE
MA ...................................................................................................... 11
AP PPROVALS
7.S.W.A.HSHRRE
AYWARD AND USAN AYWARD EQUEST FOR ELEASE OF ASEMENT
1996OC(L47OS) ..................... 11
AT CEANRIDGE IRCLE OT CEANRIDGE UBDIVISION
7.T.CAB–CO#005(T
OUNTY DMINISTRATION UILDING HANGE RDER URNER
CC) ..................................................................................... 11
ONSTRUCTION OMPANY
March 14, 2006
2
8.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE ................................................................................... 12
9.A.PUBLIC HEARINGS – NONE ................................................................. 12
9.B.PUBLIC DISCUSSION ITEMS ................................................................ 12
1.RSCPBM.V
EQUEST TO PEAK FROM LAY RICE ON EHALF OF R ALENTINE
RPPP,7945USH1,VB
EGARDING ALM ARADISE ARK WY ERO EACH
AIF/UL ........................................................... 12
BATEMENT OF MPACT EETILITY IEN
9.C.PUBLIC NOTICE ITEMS ......................................................................... 12
1.NSPHM21,2006:T
OTICE OF CHEDULED UBLIC EARING FOR ARCH HE
LLDG,LLCRR
OCKWOOD ANE EVELOPMENT ROUP EQUEST TO EZONE
A291.11APPD,P
PPROXIMATELY CRES OF ROPERTY FROM LANNED
DR(TCGCC),
EVELOPMENT ESIDENTIAL HE OLONY OLF OURSE OMMUNITY TO
PD,PDR(TCP),
LANNED EVELOPMENT ESIDENTIAL URTLE REEK RESERVE AND
OCPPDPAT
TO BTAIN ONCEPTUAL AND RELIMINARY LAN PPROVAL FOR URTLE
CP\[L\] ........................................................................... 12
REEK RESERVE EGISLATIVE
10.COUNTY ADMINISTRATOR’S MATTERS ........................................ 13
A.SOS ...................................................................................... 13
ATELLITE FFICE PACE
11.A.DEPARTMENTAL MATTERS................................................................ 14
1.CD-BCA
OMMUNITY EVELOPMENT OARD ONSIDERATION TO PPROVE A
RACGPS.
ESOLUTION DOPTING A ONCEPTUAL REENWAY LAN FOR THE T
SR .................................................................................................... 14
EBASTIAN IVER
11.B.EMERGENCY SERVICES - NONE ........................................................ 16
March 14, 2006
3
11.C.GENERAL SERVICES - NONE ............................................................... 16
11.D.HUMAN RESOURCES - NONE .............................................................. 16
11.E.HUMAN SERVICES - NONE ................................................................... 16
11.F.LEISURE SERVICES - NONE ................................................................. 16
11.G.OFFICE OF MANAGEMENT AND BUDGET - NONE ...................... 16
11.H.RECREATION - NONE ............................................................................. 16
11.I.1.PUBLIC WORKS – CONTINUING PROFESSIONAL SURVEY
SERVICES CONTRACT 0390 WORK ORDER NO. 3
(ENGINEERING), CREECH ENGINEERS, INC. LACONIA
STREET EXTENSION FROM COUNTY ROAD 510 TO WITHIN
THE CITY OF SEBASTIAN, IRC PROJECT NO. 0523 ...................... 16
11.I.2.CONTINUING PROFESSIONAL SURVEY SERVICES
CONTRACT 0390 2005-2006 WORK ORDER NO. 8
(ENGINEERING) MASTELLER, MOLER, REED & TAYLOR,
INC. LAND ACQUISITION AND DESIGN,
BOUNDARY/TOPOGRAPHIC SURVEY FOR PROPOSED
ST
VERO LAKES 101 STREET AVENUE EXTENSION LYING
NORTH OF COUNTY ROAD 512 IRC PROJECT NO. 0614 ............. 17
11.I.3.CONTINUING PROFESSIONAL SURVEY SERVICES
CONTRACT 0390 2005-2006 WORK ORDER NO. 2
(ENGINEERING), CREECH ENGINEERS, INC. INDIAN
March 14, 2006
4
RIVER COUNTY FAIRGROUNDS PROPERTY (HOBART
PARK) BOUNDARY, TOPOGRAPHIC SURVEY SERVICES
IRC PROJECT NO. 0603 ........................................................................... 18
11.I.4.RIGHT-OF-WAY ACQUISITION AGREEMENT COUNTY
ROAD 512 CORRIDOR IMPROVEMENTS, PROJECT # 9611
CRF PANTHER II, LLC ............................................................................ 18
11.J.1.UTILITIES SERVICES – APPROVAL OF BID AWARD FOR
IRC BID # 2006038 (ANNUAL BID FOR SLUDGE
DEWATERING & HAULING) UTILITY DEPARTMENT ................ 19
11.J.2.GREENLEAF SUBDIVISION PETITION WATER SERVICE –
THTH
55 COURT SOUTH OF 13 STREET SW, INDIAN RIVER
COUNTY PROJECT NO. UCP-2414, RESOLUTION IV, FINAL
ASSESSMENT ............................................................................................. 20
11.J.3.APPROVAL OF ADDITIONAL SURVEY WORK UNDER
WORK ORDER NO. 6 WITH MASTELLER, MOLER AND
REED TO PROVIDE SURVEY SERVICES AT THE GRAND
HARBOR MOSQUITO IMPOUNDMENT SITE, UCP 2208 .............. 20
12.A.COUNTY ATTORNEY – APPEAL FROM DENIAL OF
REQUEST FOR NEW IMPACT FEE INCREASE EXEMPTION –
GREAT SOUTHERN BUILDERS, LLC ................................................. 21
12.B.PERMISSION TO ADVERTISE FOR PUBLIC HEARING:
EXTENSION OF MORATORIUM ON SMALL LOT
SINGLE-FAMILY SUBDIVISIONS ........................................................ 23
March 14, 2006
5
13.COMMISSIONERS ITEMS ...................................................................... 24
13.ACHAIRMAN ARTHUR R. NEUBERGER - NONE .............................. 24
13.B.COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN ......... 25
13.C.COMMISSIONER SANDRA L. BOWDEN ............................................ 25
13.D.COMMISSIONER WESLEY S. DAVIS .................................................. 25
13.E.COMMISSIONER THOMAS S. LOWTHER - NONE ......................... 25
14.SPECIAL DISTRICTS AND BOARDS ................................................... 25
14.A.EMERGENCY SERVICES DISTRICT - NONE ................................... 25
14.B. SOLID WASTE DISPOSAL DISTRICT - NONE .................................. 26
14.C.ENVIRONMENTAL CONTROL BOARD – NONE ............................. 26
15.ADJOURNMENT ....................................................................................... 26
March 14, 2006
6
March 14, 2006
MEETING OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY
The Board of County Commissioners of Indian River County, Florida, met in
th
Regular Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on
Tuesday, March 14, 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, Assistant County Attorney William
K. DeBraal, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Athena Adams.
1. CALL TO ORDER
Chairman Neuberger called the meeting to order at 9:00 a.m.
2. INVOCATION
Reverend Robert Stull, Trinity Episcopal Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Sandra L. Bowden led the Pledge of Allegiance to the Flag.
March 14, 2006
1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS -
1. Deferred - Item 9.B.1. to April 11, 2006.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Bowden, the Board unanimously deferred
Item 9.B.1. to April 11, 2006.
5. PROCLAMATIONS AND PRESENTATIONS
A. PPDM
RESENTATION OF ROCLAMATION ESIGNATING THE ONTH OF
M,2006ARCM
ARCH AS MERICAN ED ROSS ONTH
Sarah Tippet Ruwe,
CEO of the North County Treasure Coast Chapter of the
American Red Cross Association, reminded everyone that hurricane season is approaching and she
hoped everyone is prepared. She noted there are training classes on hurricane preparedness for
those interested. She expressed appreciation for the County’s and Commissioners’ support and
applauded all volunteers.
The Chairman read into the record and presented to Sarah Tippet Ruwe the
Proclamation designating the month of March 2006 as American Red Cross Month.
March 14, 2006
2
B. PTRBA
RESENTATION OF OP ESTORED EACH WARD FROM
ASBPA
MERICAN HORE AND EACH RESERVATION SSOCIATION
Jonathan C. Gorham, Ph.D.,
Indian River County Coastal Resource Manager,
briefly described the Award from American Shore and Beach Preservation Association, which he
accepted on behalf of the Indian River County Board of County Commissioners, on March 2, 2006
in Washington D.C. Selection was based on performance of project, on its environmental
performance in enhancing sea turtle nesting, and protecting the uplands in the area during the 2004
hurricanes. He presented the Award to the Board of County Commissioners after which he read
the Award Citation. Mr. Gorham was very pleased to see their efforts honored by a national
organization especially because it was their first beach project.
Commissioner Davis had the opportunity to talk with people from the Department of
Environmental Protection (DEP) and they were very pleased with the beach quality sand on our
other projects. They are very satisfied with our performance on everything except one matter and it
is being worked on.
The Chairman acknowledged the Presentation and Commissioner Bowden accepted
the Award on behalf of the Board.
6. APPROVAL OF MINUTES - NONE
7. CONSENT AGENDA
Commissioner Davis requested that Item 7.D. be pulled from the Consent Agenda
for separate consideration and advised that he would abstain from that vote.
March 14, 2006
3
7.A. R
EPORTS
The following reports have been received and are on file in the office of the Clerk to the
Board:
1.Fellsmere Water Control District Financial Audit
2.Fellsmere Water Control District Financial Report
3.Indian River County District School Board – FY end June 30, 2005 –
Financial, Operational, and Federal Single Audit from Auditor General
State of Florida.
NO ACTION REQUIRED OR TAKEN
7.B. ACTDA-2006
NNUAL OUNTY AX EED PPLICATIONS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously authorized
the Chairman to sign the ten (10) Tax Deed applications
and send payment to the Tax Collector of the requested
amount of $100.00 per parcel per title search or a total of
$1,000.00, as requested in the memorandum of March 2,
2006.
COPIES OF NOTICE TO TAX COLLECTOR OF TAX DEED APPLICATIONS -2006
ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
March 14, 2006
4
7.C. PHAC.“J”D,III,P
ROCLAMATION ONORING NDREW ACK IEHL ASTOR
ASOSLCVB
PPRECIATION UNDAY AT UR AVIOR UTHERAN HURCH IN ERO EACH
The Chairman read into record the Proclamation honoring Andrew C. “Jack” Diehl,
III.
7.D. AFTA
FTER THE ACT RAVEL UTHORIZATION
Commissioner Davis updated the Board on the meeting he attended in Tallahassee
on March 1, 2006 with DEP Deputy Secretary Bob Ballard to discuss road issues in District 1.
st
Discussions centered on the alignment of 101 Avenue and the potential surplus properties
nd
adjacent to 102 Avenue.
Chairman Neuberger sought to know the response from DEP and whether they were
willing to go along with the proposal.
Commissioner Davis said by all indication it was something they could work with. It
has to go through DEP’S legal departments and they were still working through the bureaucracy.
He thought that although it may get turned down he could not have passed up the opportunity to
make it a little better on CR 512.
Commissioner Bowden appreciated the enthusiasm and hard work of Commissioner
Davis but disapproved of how the matter was handled. She believes that matters which pertain to
the County should be brought to the Board beforehand and the Board be given the opportunity to
make decisions.
Commissioner Davis agreed with Commissioner Bowden’s comments but pointed
out that the Board was aware of the meeting and also had time to approve his trip. The meeting
was scheduled by DEP and he took advantage of the opportunity.
March 14, 2006
5
Chairman Neuberger agreed that the Board should be informed when a trip is
planned.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Wheeler, the Board voted 3-1
(Commissioner Davis abstained and Commissioner
Bowden opposed) to authorize reimbursement of travel
expenses for after-the-fact travel for Commissioner Davis’
trip to Tallahassee on March 1, 2006, as requested in the
memorandum of March 7, 2006.
FORM 8B, MEMORANDUM OF VOTING CONFLICT FOR COMMISSIONER
WESLEY S. DAVIS IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.E. RHRAC
ESIGNATION FROM THE ISTORIC ESOURCES DVISORY OMMITTEE
(HRAC)
The resignation of Mr. Anthony Donadio as the Architect appointee on the Historic
Resources Advisory Committee was noted for the record.
7.F. RCBA&A
ESIGNATION FROM THE ONSTRUCTION OARD OF DJUSTMENT PPEALS
The resignation of Mr. Anthony Donadio as the Architect appointee on the
Construction Board of Adjustment and Appeals was noted for the record.
March 14, 2006
6
7.G. AAP&RA
PPOINTMENT OF LTERNATE ON THE ARKS ECREATION DVISORY
C
OMMITTEE
The appointment by the City of Sebastian of Chris McCarthy, Parks Superintendent,
as an alternate for Al Minner on the Parks & Recreation Advisory Committee was noted for the
record.
7.H. AW
PPROVAL OF ARRANTS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
the time period of February 24, 2006 to March 2, 2006, as
requested.
7.I. P6”FMA66A,33S41
THRDST
ROPOSED ORCE AIN LONG VENUE FROM TREET TO
SP12”FMA58A,
TH
TREET AND FOR ROPOSED ORCE AIN LONG VENUE FROM
41S43S–ACSS
STRD
TREET TO TREET WARD ONTRACT FOR URVEY ERVICES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and authorized the Chairman to execute Work Order No. 10
in the amount of $6,250.00 with Masteller, Moler & Reed
for Professional Surveying Services, as recommended in
the memorandum of February 7, 2006.
WORK ORDER NO. 10 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
March 14, 2006
7
7.J. AESDA
PPOINTMENT TO THE MERGENCY ERVICES ISTRICT DVISORY
C
OMMITTEE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously appointed
Joseph M. McManus to the Emergency Services District
Advisory Committee, as recommended in the
memorandum of March 8, 2006.
7.K. RSP“PP
ESOLUTION UPPORTING THE ROPOSED ERMANENT ROTECTION FOR
FA2006”
LORIDA CT OF
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and adopted Resolution 2006-035 supporting the proposed
“Permanent Protection for Florida Act of 2006”.
7.L. MBA010
ISCELLANEOUS UDGET MENDMENT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and adopted Resolution 2006-036 amending the fiscal year
2005-2006 Budget.
March 14, 2006
8
7.M. AMLAAC
DDITIONAL EMBER TO AND CQUISITION DVISORY OMMITTEE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and adopted Resolution 2006-037 adding an additional
member to the Land Acquisition Advisory Committee.
7.N. ALAAC
PPOINTMENTS TO THE AND CQUISITION DVISORY OMMITTEE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the appointment of Mr. Michael Walther, as the member
representing the Indian River County Chamber of
Commerce on the Land Acquisition Advisory Committee,
replacing Mr. Talmage Rogers who will move to the
additional member-at-large position, as requested in the
memorandum of March 8, 2006.
7.O.RTCCAT
EQUEST BY URNER ONSTRUCTION OMPANY TO UTHORIZE A IME
CPSNCA
APSULE ROJECT ON THE ITE OF THE EW OUNTY DMINISTRATION
B
UILDING
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the request of Turner Construction Company to allow them
March 14, 2006
9
to proceed with a Time Capsule Project, as proposed, and as
recommended in the memorandum of March 6, 2006.
7.P. ARC“A”CP
PPROVAL OF ENEWAL FOR A LASS ERTIFICATE OF UBLIC
CNIRSD
ONVENIENCE AND ECESSITY FOR NDIAN IVER HORES EPARTMENT OF
PS
UBLIC AFETY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the renewal of the Class “A” Certificate of Public
Convenience and Necessity for Indian River Shores
Department of Public Safety, to be effective for a period of
two (2) years from April 13, 2006, to April 13, 2008, as
recommended in the memorandum of March 3, 2006.
EMS CLASS “A” CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.Q.WBVD’AD
INTER EACH ILLAGE EVELOPERS GREEMENT FOR EVELOPER
CIICR510U.S.1
ONTRIBUTION TO NTERSECTION MPROVEMENT AT AND
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Alternative No. 1 (The Developer’s Agreement) with
Lacerte Homes, Inc. to pay $84,190.00 of the estimated
$5.0 million cost of the intersection improvements at CR
March 14, 2006
10
510 and U.S. 1, as recommended in the memorandum of
February 28, 2006.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.R. 70A(PLR)CR510BS
TH
VENUE OWER INE OAD TO ARBER TREET
MMA
AINTENANCE AP PPROVALS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
th
the Maintenance Map for 70 Avenue (Power Line Road)
between CR 510 and Barber Street and authorized the
Chairman to execute the map and recordings, as
recommended in the memorandum of March 6, 2006.
7.S. W.A.HSHRRE
AYWARD AND USAN AYWARD EQUEST FOR ELEASE OF ASEMENT
1996OC(L47OS)
AT CEANRIDGE IRCLE OT CEANRIDGE UBDIVISION
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and adopted Resolution 2006-038 releasing a Conservation
Easement on all of Lot 47, Oceanridge Subdivision.
7.T. CAB–CO#005(T
OUNTY DMINISTRATION UILDING HANGE RDER URNER
CC)
ONSTRUCTION OMPANY
March 14, 2006
11
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Change Order # 005 increasing the Owner’s Contingency
by $144,001 and authorized the County Administrator to
execute the approved Change Order, as recommended in
the memorandum of March 6, 2006.
CHANGE ORDER #005 IS ON FILE IN THE OFFICE OF CLERK TO
THE BOARD
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
9.A. PUBLIC HEARINGS – NONE
9.B. PUBLIC DISCUSSION ITEMS
1. RSCPBM.V
EQUEST TO PEAK FROM LAY RICE ON EHALF OF R ALENTINE
RPPP,7945USH1,VB
EGARDING ALM ARADISE ARK WY ERO EACH
AIF/UL
BATEMENT OF MPACT EETILITY IEN
Item deferred to April 11, 2006.
9.C. PUBLIC NOTICE ITEMS
1. NSPHM21,2006:T
OTICE OF CHEDULED UBLIC EARING FOR ARCH HE
LLDG,LLCRR
OCKWOOD ANE EVELOPMENT ROUP EQUEST TO EZONE
March 14, 2006
12
A291.11APPD,P
PPROXIMATELY CRES OF ROPERTY FROM LANNED
DR(TCGCC),
EVELOPMENT ESIDENTIAL HE OLONY OLF OURSE OMMUNITY TO
PD,PDR(TCP),
LANNED EVELOPMENT ESIDENTIAL URTLE REEK RESERVE AND
OCPPDPAT
TO BTAIN ONCEPTUAL AND RELIMINARY LAN PPROVAL FOR URTLE
CP\[L\]
REEK RESERVE EGISLATIVE
Chairman Neuberger read the Notice into the record.
10. COUNTY ADMINISTRATOR’S MATTERS
A. SOS
ATELLITE FFICE PACE
County Administrator Joseph Baird informed the Board that Tax Collector Charles
Sembler is looking at moving his west satellite office further west and has asked if the County had
any need for a west satellite office. Mr. Baird discussed the matter with staff and they concluded
that with the new administration building did not see a need now. Staff will be working together
with Mr. Sembler looking at the need of other government interests in the hope of having a joint
complex, in the future, so the public would only have to go to one location, which would be in the
best interest of the County.
Chairman Neuberger inquired whether Mr. Sembler was building or just renting. He
also wanted to know what areas they were looking at. Administrator Baird replied that Mr.
Sembler is looking at renting a space, and they were looking at the Ryanwood area and west of it.
Commissioner Davis also had opportunity to speak with Mr. Sembler and they just
wanted to make sure the north county joint offices (Property Appraiser, Supervisor of Elections,
Tax Collector, Utilities) know about their plans.
NO ACTION REQUIRED OR TAKEN
March 14, 2006
13
11.A. DEPARTMENTAL MATTERS
1. CD-BC
OMMUNITY EVELOPMENT OARD ONSIDERATION TO
ARACGP
PPROVE A ESOLUTION DOPTING A ONCEPTUAL REENWAY LAN
S.SR
FOR THE T EBASTIAN IVER
Chief of Environmental Planning Roland DeBlois gave a slide presentation on the
St. Sebastian River. The River is a significant resource in the County; is a major tributary to the
Indian River Lagoon; and, considered an estuary of national significance. The County has already
designated (officially in its comprehensive plan) the St. Sebastian River, particularly the south
prong, as a greenway and waterway trail system. The Land Acquisition Advisory Committee
voted 14-0 to support the plan and made a point in its recommendation to make sure this was a
conceptual plan that did not commit the County to any specific action. The newly created
Conservation Lands Advisory Committee also looked at the plan and unanimously supported it. In
addition to having environmental protection features, one of the main benefits is to create a public
access recreational corridor to appreciate the resource. Another benefit to the County is it allows
us to garner more points in our Florida’s Communities Trust Grant Applications with the State.
Staff supports the proposed plan and recommends that the Board approve the resolution to adopt a
conceptual greenway plan for the St. Sebastian River.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Lowther, to approve staff’s
recommendation.
David Cox
Under discussion, ofPeriwinkle Lane wanted to recognize the
participation of various groups that helped to put the greenway plan together. He thanked Roland
DeBlois for his support throughout the process as well as staff and Assistant County Attorney
March 14, 2006
14
William DeBraal who were very helpful. Groups responsible for putting the plan together are
Friends of the St. Sebastian River, Indian River County Historical Society, Indian River Land
Trust, Marine Resources Council of East Central Florida, Pelican Island Audubon Society and
Sebastian River Area Chamber of Commerce. He feels this is a great opportunity to align the
ecological and economic interests in the plan to protect and promote our St. Sebastian River. The
greenway plan does not impose any additional regulations whatsoever or any authorities. It is a
conceptual plan, which gives us a sort of planning goal and also gives us something more tangible
in our efforts to work with willing landowners. He appreciated the Board’s efforts in this matter
and looked forward to the vote. In his conversations with each Commissioner he has been
heartened by how each has recognized the value of the proposed greenway.
Chairman Neuberger said it was a great area and he had been through there several
times and there is very little access to the river from the buffer preserve and we needed to have
more access directly to the water.
Bob Johnson
of Coral Wind Subdivision said this proposal went to the Citizen’s
Advisory Committee, which they approved and everyone supported wholeheartedly. One thing
brought up at their meeting was the fact that it would be nice if the rest of the County could be
identified as potential greenway too (e.g. this could be a Phase I of the greenway).
Ruth Stanbridge
, County Historian, just wanted to invite everyone to the Grand
Opening and Ribbon Cutting Ceremony of the “Trans Florida Rails to Trails”, which will be on
April 1, 2006 at 11:a.m. at North County Park.
THE CHAIRMAN CALLED THE QUESTION and the
MOTION carried. The Board unanimously approved and
adopted Resolution 2006-039 adopting a Conceptual Plan
for the St. Sebastian River Greenway.
March 14, 2006
15
11.B. EMERGENCY SERVICES - NONE
11.C. GENERAL SERVICES - NONE
11.D. HUMAN RESOURCES - NONE
11.E. HUMAN SERVICES - NONE
11.F. LEISURE SERVICES - NONE
11.G. OFFICE OF MANAGEMENT AND BUDGET - NONE
11.H. RECREATION - NONE
11.I.1. PUBLIC WORKS – CONTINUING PROFESSIONAL SURVEY
SERVICES CONTRACT 0390 WORK ORDER NO. 3
(ENGINEERING), CREECH ENGINEERS, INC. LACONIA
STREET EXTENSION FROM COUNTY ROAD 510 TO
WITHIN THE CITY OF SEBASTIAN, IRC PROJECT NO. 0523
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved
March 14, 2006
16
Work Order No. 3 authorizing the project, as outlined in the
Scope of Services, in the amount of $36,000 and authorized
the Chairman to execute same, as recommended in the
memorandum of March 6, 2006.
WORK ORDER NO. 3 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
11.I.2. CONTINUING PROFESSIONAL SURVEY SERVICES
CONTRACT 0390 2005-2006 WORK ORDER NO. 8
(ENGINEERING) MASTELLER, MOLER, REED & TAYLOR,
INC. LAND ACQUISITION AND DESIGN,
BOUNDARY/TOPOGRAPHIC SURVEY FOR PROPOSED
ST
VERO LAKES 101 STREET AVENUE EXTENSION LYING
NORTH OF COUNTY ROAD 512 IRC PROJECT NO. 0614
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved
Work Order No. 8 with Masteller, Moler, Reed & Taylor,
Inc., authorizing the Project as outlined in the Scope of
Services for a lump sum fee of $19,100.00 and authorized
the Chairman to execute same, as recommended in the
memorandum of March 6, 2006.
WORK ORDER NO. 8 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
March 14, 2006
17
11.I.3. CONTINUING PROFESSIONAL SURVEY SERVICES
CONTRACT 0390 2005-2006 WORK ORDER NO. 2
(ENGINEERING), CREECH ENGINEERS, INC. INDIAN
RIVER COUNTY FAIRGROUNDS PROPERTY (HOBART
PARK) BOUNDARY, TOPOGRAPHIC SURVEY SERVICES
IRC PROJECT NO. 0603
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved
Work Order No. 2 authorizing the project as outlined in the
Scope of Services in the amount of $27,610.00 and
authorized the Chairman to execute same, as recommended
in the memorandum of March 6, 2006.
WORK ORDER NO. 2 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
11.I.4. RIGHT-OF-WAY ACQUISITION AGREEMENT COUNTY
ROAD 512 CORRIDOR IMPROVEMENTS, PROJECT # 9611
CRF PANTHER II, LLC
Commissioner Davis thanked the Mayor and City of Sebastian for helping us to
acquire this piece of property. It has been annexed and the process is fast moving along, which he
described as a monumental task.
March 14, 2006
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Chairman Neuberger thanked the City of Sebastian.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Alternative # 1, the Right-of-Way Acquisition Agreement,
and authorized the Chairman to execute same, as
recommended in the memorandum of March 7, 2006.
AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
11.J.1. UTILITIES SERVICES – APPROVAL OF BID AWARD FOR
IRC BID # 2006038 (ANNUAL BID FOR SLUDGE
DEWATERING & HAULING) UTILITY DEPARTMENT
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Bid to Synagro-WWT, Inc, as the lowest and most
responsive bidder meeting the specifications as set forth in
the Invitation to Bid; authorized the Purchasing Division to
issue blanket purchase orders or individual job purchase
orders, as needed, for the period of March 7, 2006 through
September 30, 2006 with the recommended bidder; and,
authorized the Purchasing Manager to renew this bid for
three (3) additional one (1) year periods subject to
satisfactory performance, zero cost increase, vendor
acceptance and the determination that renewal of this
March 14, 2006
19
annual contract is in the best interest of Indian River
County, all as recommended in the memorandum of
February 27, 2006.
11.J.2. GREENLEAF SUBDIVISION PETITION WATER SERVICE –
THTH
55 COURT SOUTH OF 13 STREET SW, INDIAN RIVER
COUNTY PROJECT NO. UCP-2414, RESOLUTION IV, FINAL
ASSESSMENT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously approved
Resolution 2006-040 certifying “as-built” costs for
th
installation of water service to Greenleaf Subdivision (55
th
Court south of 13 Street, SW) in Indian River County,
Florida, and such other construction necessitated by such
project; providing for formal completion date, and date for
payment without penalty and interest.
11.J.3. APPROVAL OF ADDITIONAL SURVEY WORK UNDER
WORK ORDER NO. 6 WITH MASTELLER, MOLER AND
REED TO PROVIDE SURVEY SERVICES AT THE GRAND
HARBOR MOSQUITO IMPOUNDMENT SITE, UCP 2208
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
March 14, 2006
20
increasing Work Order No. 6 Survey contract to $39,415.00
and authorizing additional payment to Masteller, Moler &
Reed, Inc. in the amount of $2,015.00, as recommended in
the memorandum of February 10, 2006.
12.A. COUNTY ATTORNEY – APPEAL FROM DENIAL OF
REQUEST FOR NEW IMPACT FEE INCREASE EXEMPTION
– GREAT SOUTHERN BUILDERS, LLC
Assistant County Attorney William DeBraal informed the Board that this is an
appeal to the Board, sitting in its appellate capacity, as an appeal from a department head’s
decision. Great Southern Builders contracted to build a single-family structure but submitted
documents past the revised deadline. He acknowledged Debora Fairchild from Great Southern
Builders who came to explain the basis of her appeal.
Debora Fairchild
, Certified Building Contractor in the State of Florida, and
building exclusively in Indian River Club, is a small builder who builds one to two houses per
year. Last June, Peter and Linda Braun contracted with her to build a single-family house in Indian
st
River Club, prior to the deadline. The original Ordinance stated they had until July 1 unless
further extended by a duly enacted ordinance to file for impact fee exemption. After signing the
contract, the Braun’s decided to make extensive elevation revisions changing the house from a
country cottage look to a West Indian look, which required a complete re-engineering that took
extensive time, all the while thinking she had the time to get this done. When she was ready for the
Permit she looked on the website and found that according to the form they had until September
th
30 to file. She went to the County Attorney and was denied. Denial was faxed to her without the
revised Ordinance and she had to make an additional trip down here and found the ordinance had
been changed without their knowledge. The Brauns’ are trying to hold her responsible for it and
March 14, 2006
21
she feels the original ordinance did not state that it was going to be shortened in any way; it said the
exemption shall expire unless further extended. She would like to be assessed under the old impact
fee schedule and had also waited an additional month to build the house waiting on a decision from
the Board. She was unaware of the changes.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Lowther, to approve staff’s
recommendation.
Under discussion, Chairman Neuberger learned the difference in the impact fee was
$4,912.00.
Attorney DeBraal again noted that the application was submitted past the revised
deadline. He explained the requirements of the new ordinance, which states in part that in order to
take advantage of the impact fee exemption, the matter had to be submitted to the County before
December 31, 2005. Since this matter was submitted afterwards, even though the canceled checks
st
in the contract were both dated July 1, it was not timely filed. Nothing could be done except deny,
which allowed them to appeal to the Board.
THE CHAIRMAN CALLED THE QUESTION and the
MOTION carried. The Board unanimously approved the
appeal and granted Great Southern Builders, LLC the
exemption from the impact fee increase, as recommended
in the memorandum of March 8, 2006.
March 14, 2006
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12.B. PERMISSION TO ADVERTISE FOR PUBLIC HEARING:
EXTENSION OF MORATORIUM ON SMALL LOT
SINGLE-FAMILY SUBDIVISIONS
Attorney DeBraal explained that in October 2005 the Board voted to enact a
moratorium on small lot subdivisions. This was a 6-month moratorium giving staff sufficient time
to revise the small lot subdivision ordinance and work in concert with the Growth Awareness
Committee. The parties have come forward and said they would like additional time to study the
matter and so we requested permission to advertise the matter for public hearing.
This one is a little different since it is a land use regulation that affects property
greater than 10 acres in size. There must be 2 public hearings. The Statute states that one of those
public hearings must be held after 5:00 p.m., unless the Board decides by super majority vote to
hold both during the daytime. Attorney DeBraal requested (1) permission to advertise and (2) the
Board’s decision on whether they want to hold one of the public hearings at 5:00 p.m. or later, or
vote by super majority to hold both of them during the day time.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Bowden, to approve the
advertising and to have one of the public hearings at 5:00
p.m. or later.
Under discussion and to clarify misunderstandings, Attorney DeBraal reminded the
Board they only needed to vote to hold both hearings during the daytime, but if the pleasure of the
Board is to have one public hearing at 5:00 p.m. or later, no vote is necessary.
March 14, 2006
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Commissioner Davis questioned the six (6) months time period and wondered why
is was taking so long. Administrator Baird explained that it is a very important but complicated
issue and they wanted to make sure they were doing it correctly.
Further discussion ensued and Commissioner Davis opposed the six (6) months
extension as he thought it was too long. Commissioner Wheeler thought it was fair time.
Community Development Director Bob Keating reminded that it was the Growth
Awareness Committee that volunteered to do this and there was a meeting scheduled with Mr.
Joseph Paladin to work out concerns in the draft. They hope to initiate the process in the coming
weeks.
Commissioner Davis WITHDREW HIS MOTION.
Motion DIED.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Bowden, the Board voted 4-1
(Commissioner Davis opposed the 6-month timeframe) to
authorize the advertisement for public hearings to consider
extending the moratorium ordinance for an additional six
months, to remain in effect until October 11, 2006; and,
decided that the Board would hold one of the required
public hearings at 5:00 p.m. or later, as recommended in the
memorandum of March 8, 2006.
13. COMMISSIONERS ITEMS
13.A CHAIRMAN ARTHUR R. NEUBERGER - NONE
March 14, 2006
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13.B. COMMISSIONER GARY C. WHEELER, VICE
CHAIRMAN
Vice Chairman Wheeler wanted an update on the jail construction and how we are moving
along on this. The Pavilion is closed and they were hoping by next year to be able to use the
pavilion for the Fair again. Administrator Baird said they were applying for a permit and waiting
on impact fee calculations. He will bring back a chronology to the Board next week.
13.C. COMMISSIONER SANDRA L. BOWDEN
Commissioner Bowden wanted an update on the Oslo fishing area. Administrator Baird
responded that they were trying to get an environmental permit, which might take some time and
believed there are some interested parties who might oppose it. He could not give a date when it
would be completed.
13.D. COMMISSIONER WESLEY S. DAVIS
Commissioner Davis just wanted to invite everyone to the County Fair and said there were
good things going on.
13.E. COMMISSIONER THOMAS S. LOWTHER - NONE
14. SPECIAL DISTRICTS AND BOARDS
14.A. EMERGENCY SERVICES DISTRICT - NONE
March 14, 2006
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14.B. SOLID WASTE DISPOSAL DISTRICT - NONE
14.C. ENVIRONMENTAL CONTROL BOARD – NONE
15. ADJOURNMENT
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 9:47 a.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman
Minutes Approved: _________________
BCC/AA/2006 Minutes
March 14, 2006
26