HomeMy WebLinkAbout03/21/2006INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MARCH 21, 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
5.A. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 2-8,2006 AS BOYS &
GIRLS CLUBS WEEK
2
6. APPROVAL OF MINUTES...................................................................................2
7. CONSENT AGENDA..............................................................................................3
7.A. APPROVAL OF WARRANTS -MARCH 3-9,2006 ....................................................... 3
7.B. APPOINTMENT OF ALTERNATE ON THE CONSERVATION LANDS ADVISORY
COMMITTEE(CLAC)................................................................................................ 3
7.C. REQUEST TO APPROVE THE SEVENTH SET OF COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) HOUSING REHABILITATION BIDS (2 BIDS, APPROVE
CHANGE ORDER #3 FOR THE STEPHENS RESIDENCE REHABILITATION PROJECT,
March 21, 2006 - 1 -
AND APPROVE MINOR REVISIONS TO THE CDBG HOUSING ASSISTANCE PLAN
(FRED Fox ENTERPRISES, INC.)................................................................................ 3
7.D. ACCEPTANCE OF EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDING
AND APPROVAL OF EXPENDITURES.......................................................................... 4
7.E. AUTHORIZATION OF SOFTWARE LICENSE, MAINTENANCE, AND SERVICES
AGREEMENT............................................................................................................... 5
7.F. APPROVAL OF FY 2005/06 EMS COUNTY AwARDs GRANT: PURCHASE OF
CAPITAL/OPERATING EQUIPMENT USING NON-MATCHING EMS GRANT FUNDS
AND GRANT RESOLUTION.......................................................................................... 5
7.G. EXECUTION OF EROSION CONTROL LINE SECTOR 7 BEACH RESTORATION
PROJECT..................................................................................................................... 6
7.11. PUBLIC HEARING FOR CABLE TELEVISION LICENSE APPLICATION ...................... 7
7.I. 4TH PROGRESS REPORT—NEW COUNTY ADMINISTRATION BUILDINGS ................ 7
7.,T. LUCILLE BUCKNER WATER SERVICE AT 4350 34TH COURT APPROVAL OF LABOR
CONTRACT WORK AUTHORIZATION No. 2005-023 FOR INSTALLATION OF WATER
SERVICELINE............................................................................................................. 7
7.K. BLOCK VILLA SUBDIVISION, 20T11 AVENUE AT 9TH PLACE, INDIAN RIVER COUNTY
BID NO 7079, APPROVALS OF CHANGE ORDER No. 1 AND FINAL PAYMENT TO
LABOR CONTRACTOR FOR WORK AUTHORIZATION No. 2005-017 FOR
INSTALLATION OF WATER MAIN .............................................................................. 8
7.L. OPERATING HOURS FOR MAIN AND NORTH COUNTY LIBRARIES FOR EASTER
WEEKEND
8
7.M. 2006 ELECTION OF HISTORIC RESOURCES ADVISORY COMMITTEE (HRAC)
CHAIRMAN AND VICE CHARMAN.............................................................................. 9
7.N. MISCELLANEOUS BUDGET AMENDMENT 011 .......................................................... 9
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES
.................................................................................................................................... 9
8.A. ROY RAYMOND - INDIAN RIVER COUNTY SHERIFF: U.S. DEPARTMENT OF
JUSTICE, BUREAU OF JUSTICE ASSISTANCE BULLETPROOF VEST PARTNERSHIP
PROGRAM................................................................................................................... 9
March 21, 2006 - 2 -
9. PUBLIC ITEMS.....................................................................................................10
9.A. PUBLIC HEARING............................................................................................... 10
9.A.1. Lockwood Lane Development Group, LLC's Request to Rezone
Approximately 29 1.11 Acres of Property from PD, Planned
Development Residential (The Colony Golf Course Community), to
PD, Planned Development Residential (Turtle Creek Preserve), and to
Obtain Conceptual and Preliminary PD Plan Approval for Turtle
CreekPreserve...................................................................................................... 10
9.B. PUBLIC DISCUSSION ITEMS........................................................................... 13
9.13.1. Request by Bruce T. Genereaux to Speak Regarding 43rd Avenue
Proposed Widening and 58th Avenue North of Route 60 ..................................... 13
9.13.2. Request by Charlie Cox to Speak Regarding Veterans Council
Change of an Election Date.................................................................................. 14
9.C. PUBLIC NOTICE ITEMS.................................................................................... 15
9.C.1. Notice of Scheduled Public Hearing for March 22, 2006 5:00 p.m.:
Extension of the Moratorium on Small Lot Single -Family Subdivision
15
9.C.2. Notice of Scheduled Public Hearing for April 4, 2006: ....................................... 15
Lakewood Terrace Subdivision Water Service, West Side of 27th Ave, North
of the St. Lucie Co. Line, Indian River County Project No. UCP -2317
15
9.C.3. Notice of Scheduled Public Hearing for April 11, 2006:
Consideration of Proposed Proportionate Fair Share Ordinance
Amendments to LDR Chapter 910, Concurrency Management
System 15
10. COUNTY ADMINISTRATORS MATTERS....................................................15
11. DEPARTMENTAL MATTERS..........................................................................15
1LA. COMMUNITY DEVELOPMENT..................................................................................15
I I.B. EMERGENCY SERVICES........................................................................................... 15
March 21, 2006 - 3 -
11.C. GENERAL SERVICES................................................................................................. 15
11.D. HUMAN RESOURCES................................................................................................ 16
11.E. HUMAN SERVICES.................................................................................................... 16
11.F. LEISURE SERVICES................................................................................................... 16
11.G. OFFICE OF MANAGEMENT AND BUDGET................................................................ 16
11.H. RECREATION............................................................................................................16
11.I. PUBLIC WORKS........................................................................................................ 16
1 LL 1. Bid Award Recommendation for Bid No. 2006050, Jungle Trail
Shoreline Stabilization Project, Indian River County Project 40117 ................... 16
11.1.2. Bid Award Recommendation for IRC Bid No. 2006060, Oslo Road
Clearing, 8th Court SW to 27th Avenue SW .......................................................... 17
11.1.3. CR 510 (Wabasso Road) from CR 512 to Indian River Drive Locally
Funded Agreement Amendment No. 1................................................................. 17
11.L4. Award of Construction Contract – Beach Restoration Projects ........................... 17
11.L5. Oslo Road/Lateral "J" Canal Bridge Replacement .............................................. 18
11.J. UTILITIES SERVICES........................................................................................18
11.J.1. APPROVAL OF WORK ORDER No. 12 WITH MASTELLER, MOLER, REED AND
TAYLOR, INC. TO PROVIDE SURVEY SERVICES AT THE GRAND HARBOR MOSQUITO
IMPOUNDMENT SITE -UCP 2208........................................................................... 18
I I.J.2. CONSULTING SERVICES WORK ORDER No. 4 AMENDMENT 1 WITH KIMLEY-HORN
FOR PERMITTING, DESIGN AND CONSTRUCTION SERVICES FOR REPLACEMENT OF
THE WABASSO CAUSEWAY WATER & SEWER MAIN UCP N0.960 ...................... 19
I I.J.3. CONTINUING CONSULTING SERVICES WORK ORDER No. 2 WITH MASTELLER &
MOLER, INC. FOR ENGINEERING SERVICES FOR PUMP STATTION N0.2058 -UCP
2628 19
I I.J.4. HAEGER HIGHLANDS SUBDIVISION PETITION WATER SERVICE -10TH AVENUE
SOUTH OF 4TH STREET, INDIAN RIVER COUNTY PROJECT NO. UCP -2468,
RESOLUTION IV -FINAL ASSESSMENT.................................................................. 20
March 21, 2006 - 4 -
I I.J.5. CONSULTING SERVICES AGREEMENT AND WORK ORDER NO.1 ARCADIS G & M,
INC. FOR SURVEYING, PERMITTING, DESIGN AND CONSTRUCTION SERVICES FOR
REPLACEMENT OF THE ROCKRIDGE SEWER SYSTEM, UCP#2521....................... 20
12. COUNTY ATTORNEY........................................................................................21
13. COMMISSIONERS' ITEMS...............................................................................21
13.A.1. COMMISSIONER ARTHUR R. NEUBERGER, CHAIRMAN - INDIAN RIVER COUNTY
SEAL 21
13.A.2. RENEWAL OF EMPLOYMENT AGREEMENT............................................................ 22
13.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN ....................................... 23
13.C. COMMISSIONER SANDRA L. BOWDEN.................................................................... 23
13.D.1. COMMISSIONER WESLEY S. DAVIS - CLARIFICATION OF THE JANUARY 24, 2006
MINUTES -ITEM 9.13.5.
23
13.E. COMMISSIONER THOMAS S. LOWTHER................................................................. 24
14. SPECIAL DISTRICTS AND BOARDS..............................................................24
14.A. EMERGENCY SERVICES DISTRICT.......................................................................... 24
14.B. SOLID WASTE DISPOSAL DISTRICT........................................................................ 24
14.C. ENVIRONMENTAL CONTROL BOARD...................................................................... 24
March 21, 2006 - 5 -
MARCH 21, 2006
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
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,
March 21, 2006, at 9:00 a.m. Present were Chairman Arthur R. Neuberger, Vice Chairman Gary
C. Wheeler, and Commissioners Sandra L. Bowden, Wesley Davis and Thomas S. Lowther. Also
present were County Administrator Joseph Baird, County Attorney William G. Collins II,
Executive Aide to the Board Kimberly Massung, and Deputy Clerk Maria L Suesz.
1. CALL TO ORDER
Chairman Neuberger called the meeting to order.
2. INVOCATION
Dr. Charles C. Lever, Sr., First United Methodist Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Thomas S. Lowther led the Pledge of Allegiance to the Flag.
March 21, 2006 - 1 -
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Neuberger requested:
Item 9.A.1., replacing pages 130 and 131 with revisions
Item 9.13.2., adding Charlie Cox's written presentation
Item 11.L3., adding the draft Resolution executing the locally funded agreement
amendment for CR510
Item 13.A.1., F. S. Chapter 165.043, Official County or Municipal Seal
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Davis, the Board
unanimously approved the above changes to the
Agenda.
(Clerk's note: The Chairman acknowledged Jose Ortero who introduced his classmates
from Vero Beach High School, as well as Carmen Johnster, a student from Charter High School,
all attending the meeting as a class assignment.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATIONDESIGNATING APRIL 2-8, 2006 AS BOYS
& GIRLS CLUBS WEEK
The Chairman read and presented the Proclamation to Ronnie Hewett designating April
2-8, 2006 as Boys & Girls Clubs Week. He gave a brief update advising that they are looking to
provide a Boys and Girls Club in the City of Fellsmere.
6. APPROVAL OF MINUTES
None.
March 21, 2006 - 2 -
7. CONSENT AGENDA
7.A. APPROVAL OF WARRANTS- MARCH 3-9, 2006
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved the list of Warrants as issued by
the Clerk to the Board for March 3-9, 2006, as
recommended in the memorandum of March 9, 2006.
7.B. APPOINTMENT OF ALTERNATE ON THE CONSERVATIONLANDSADVISORY
COMMITTEE (CLAC)
The Board noted the appointment of Rich Wilson to the CLAC as alternate representing
the Mosquito Control District for Doug Carlson.
7.C. REQUEST TO APPROVE THE SEVENTH SET OF COMMUNITYDEVELOPMENT
BLOCK GRANT (CDBG) HOUSINGREHABILITATIONBIDS (2 BIDS), APPROVE
CHANGE ORDER #3 FOR THE STEPHENS RESIDENCE REHABILITATION
PROJECT, AND APPROVE MINOR REVISIONS TO THE CDBG HOUSING
ASSISTANCE PLAN (FRED FOX ENTERPRISES, INC.)
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved the following: 1) Amending the
approved CDBG Housing Assistance Plan to revise
March 21, 2006 - 3 -
rehabilitation cost limits from $40,000.00 to
$75,000.00 and the square foot cost from $40 to $75; 2)
Awarding the housing rehabilitation bid for the John
Brown (3235 45th Street) residence to Robert Paul
Corporation in the total amount of $70,512.00; 3)
Awarding the housing rehabilitation bid for the Nina
Cobb (3406 47th Street) residence to Robert Paul
Corporation in the total amount of $55,020.00; and 4)
Approving Change Order 43 for repair work on the
Fannie Stephens residence (4560 38th Court) in the total
amount of $6,500.00, as recommended in the
memorandum of March 10, 2006.
7.D. ACCEPTANCE OF EMERGENCYMANAGEMENT PERFORMANCE GRANT
FUNDING AND APPROVAL OF EXPENDITURES
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved to accept the funding provided
by the Emergency Management Performance Grant;
approved the listed expenditures to be funded from the
Emergency Management Performance Grant, the
Emergency Management Preparedness Agreement, and
the Hazardous Materials Grant; approved using
$8,475.84 from previously allocated EMPA grant funds
to purchase equipment as listed in the memorandum;
and authorized for Emergency Services Director John
March 21, 2006 - 4 -
King to sign documents associated with the EMPG, as
recommended in the memorandum of March 10, 2006.
AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
7.E. A UTHORIZATION OF SOFTWARE LICENSE, MAINTENANCE, AND SERVICES
AGREEMENT
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved the Software License,
Maintenance, and Services Agreement between Indian
River County and NC4 Public Section LLC, as
recommended in the memorandum of March 10, 2006.
(Homeland Security Software to be administered by
Brevard County Emergency Management)
SOFTWARE LICENSE AGREEMENT IS ON
FILE IN THE OFFICE OF CLERK TO THE BOARD
7.F. APPROVAL OF FY2005106 EMS COUNTYAwARDS GRANT: PURCHASE OF
CAPITAL/OPERATING EQUIPMENT USING NON-MATCHING EMS GRANT
FUNDS AND GRANT RESOL UTION
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously adopted Resolution 2006-041,
March 21, 2006 - 5 -
authorizing the application for funding County
Emergency Medical Services (EMS) grant awards to be
submitted to the State of Florida Department of Health,
Bureau of Emergency Medical Services; approved
purchase of the equipment and services, authorized the
Chairman to execute the necessary documents to obtain
funds from the Department of Health in the amount of
$26,215.00; authorized budget amendments as required
to receive and expend the grant funds; authorized the
establishment of a unique accounting code designator
for all County Awards Grant deposits, disbursements,
interests accrual and rollover of funds, as they are
required to be maintained in a separate fund or account
for inspection by the State EMS Monitoring and
Compliance Unit, all as recommended in the
memorandum of February 21, 2006.
7.G. EXECUTION OF EROSION CONTROL LINE SECTOR 7 BEACH RESTORATION
PROJECT
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
March 21, 2006 - 6 -
unanimously approved the Erosion Control Line
Resolution and authorized the Chairman to execute the
drawings for the County, as recommended in the
memorandum of March 9, 2006.
7.H. PUBLIC HEARING FOR CABLE TELEVISION LICENSE APPLICATION
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously authorized staff to advertise a public
hearing for April 18, 2006 for the consideration of
issuing a Cable Television license to Litestream
Holdings, LLC as set forth Indian River County
Ordinance 82-7, as recommended in the memorandum
of March 15, 2006
U. 4TH PROGRESS REPORT—NEW COUNTYADMINISTRATIONBUILDINGS
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously accepted, as recommended in the
memorandum of March 14, 2006 to accept this report.
7J LUCILLE BUCKNER WATER SERVICE AT 4350 34TH COURTAPPRoVAL OF
LABOR CONTRACT WORKAUTHORIZATIONNO. 2005-023 FORINSTALLATION
OF WATER SERVICE LINE
March 21, 2006 - 7 -
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved the water service installation
project for an estimated cost of $3,284.96, approved
Work Authorization No. 2005-023 for labor in the
amount of $2,607.00 to the Utilities Department Labor
Contractor and authorized the Chairman to execute
same, as recommended in the memorandum of March
9, 2006.
WORK AUTHORIZATION IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
7.K BLOCK VILLA SUBDIVISION, 20THAVENVE AT 9TH PLACE, INDIAN RIVER
COUNTYBID NO 7079, APPROVALS OF CHANGE ORDER NO. I AND FINAL
PAYMENT TO LABOR CONTRACTOR FOR WORKAUTHORIZATIONNO.
2005-0I 7 FOR INSTALLATION OF WATER MAIN
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved the total labor cost of $4,266.50,
approved Change Order No. 1 for an increase of $7.15
and approved Application No. 1 — Final for $4,266.50
with Danella Companies, Inc., as recommended in the
memorandum of March 6, 2006.
U. OPERATING HOURS FOR MAINAND NORTH COUNTYLIBRARIES FOR EASTER
WEEKEND
March 21, 2006 - 8 -
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved the following schedule for
opening and closing both libraries as follows: Friday,
April 14, Closed; Saturday, April 15, Open and Easter
Sunday, April 16, Closed, as recommended in the
memorandum of March 14, 2006.
7.M. 2006 ELECTION OF HISTORIC RESOURCES ADVISORY COMMITTEE (HRA 0
CHAIRMANAND VICE CHARMAN
The Board noted the re-election of Chris Crawford as
Chairman and Kathleen Smith as Vice Chairman of the
HRAC for the record.
7.N. MISCELLANEOUSBUDGETAMENDMENT OH
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously adopted Resolution 2006-042 amending
the fiscal year 2005/06 Budget.
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES
B.A. ROYRAYMOND - INDIANRIVER COUNTYSHERIFF. U.S. DEPARTMENT OF
.IUSTICE, B UREA U OF JUSTICE ASSISTANCE B ULLETPROOF VEST
PARTNERSHIP PROGRAM
March 21, 2006 - 9 -
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Davis, the Board
unanimously approved the bulletproof vest partnership
program, as recommended in the memorandum of
March 6, 2006.
9. PUBLIC ITEMS
9.A. PUBLIC HEARING
9.A.1. LOCKWOOD LANE DEVELOPMENT GROUP, LLC'S REQUEST TO REZONE
APPROXIMATELY291.11 ACRES OFPROPERTYFROMPD, PLANNED DEVELOPMENT
RESIDENTIAL (THE COLONY GOLF COURSE COMMUNITY), TO PD, PLANNED
DEVELOPMENT RESIDENTIAL (TURTLE CREEKPRESERVE). AND TO OBTAIN
CONCEPTUAL AND PRELIMINARYPD PLANAPPROVAL FOR TURTLE CREEK
PRESERVE
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling displayed an aerial view of Turtle Creek Preserve, a
Planned Development (PD), that is part of the South County Initiative. He displayed and
reviewed the comparison of "Public Benefits" chart (page 129 of the backup) and reviewed the
conditions in their recommendation (pages 130 and 131 of the backup). He pointed out changes
regarding "no vehicular connection" to 13th Street SW at 37th Avenue, and the realignment of the
right-of-way on 13th Street SW. Staff favored having an interconnection between this PD and
Grovenor Estates. The Planning and Zoning Commission recommended, by a 6-1 vote, to take
away the connection. After the developer heard opposition from the Grovenor Estates residents,
he eliminated the connection from his proposal. The proposed changes consisted of adding a
pedestrian access, a realignment of the right-of-way on 13th Street SW, obtaining a developer's
March 21, 2006 - 10-
agreement to ensure development in a timely manner, and coordinating road paving with Public
Works. Prior to approval of the first final plat, the applicant should obtain a right-of-way permit
for the improvements on 27th Avenue SW.
A lengthy discussion ensued when the Commissioners expressed their concerns and
posed questions to staff to obtain additional details regarding this issue.
Attorney Collins responded to Commissioner Bowden's questions regarding the
developer applying for credit. Roads are normally shown on the 20 -year Capitol Improvement
Plan, then the applicant can apply for CIP credit. Those roads have to be in place before the
developer can apply for credit. He advised a condition should be added to the agreement. During
the discussion Chairman Neuberger, Vice Chairman Wheeler and Commissioner Davis stated
they believe there should be connectivity on the north side of the PD.
The Chairman opened the public hearing.
Mark Brackett, 1915 34th Avenue, Turtle Creek Developer, explained his original plans
included vehicular access from 13th Street SW onto 37th Avenue, but he favored to go along with
the neighbors to remove the access.
(Clerk's Note: The Chairman called for a recess at 10:23 a.m. The meeting was
reconvened at 10:34 a.m.)
Commissioner Lowther asked to consider providing a gate on 13th SW allowing it to be
open during school hours Monday through Friday.
Wayne Chesney, Grovenor Estates, had safety concerns on the project. He would like to
have an access to get onto 17th Street.
Renee Renzi, 301 Waverly Place, sympathized with Commissioner Wheeler's
frustration because everyone was in glee when the South County Initiative was introduced
March 21, 2006 - 11 -
because there was going to be interconnectivity. She felt if they oppose this now, they will save
the South County Initiative.
Bill Lane, Shady Oaks, appreciated the work of the developer to save the trees. The
traffic noise was his concern.
Roger Butler, 1236 33rd Avenue SW, Grovenor Estates, was concerned with the
increase in traffic and felt the residents of Grovenor Estates needs to be considered in this issue.
Clay Connell, 1298 40th Court SW, Shady Oaks, was concerned if they take away the
developer's rights to have gates at both ends, he may drop back to his previous proposal.
Traffic Engineer Chris Mora responded to the Commissioners' questions regarding the
distribution of trips on local roads, and the cost of the road to the developer for a road that he will
not be using. Mr. Brackett was voluntarily not using the road, but staff felt he still had the
obligation to cover the cost. Mr. Brackett was in favor of an open gate during school hours and
closing the gate after 5:00 p.m. Administrator Baird questioned how it would be enforced.
meeting.
The Chairman closed the public hearing.
MOTION WAS MADE by Commissioner Lowther,
SECONDED BY Commissioner Davis, to accept
staff's recommendation providing the gate to be closed
6:00 p.m. to 6:00 a.m.
Mr. Connell was concerned his neighbors would not be able to attend a morning
March 21, 2006 -12-
Chairman Neuberger felt the P&Z Committee meeting was well attended by residents
from Grovenor Estates, since there has been a change, he wanted them to have the opportunity to
be heard. He recommended continuing the public hearing, and the Chairman asked for of the
motion on the floor to be withdrawn.
Commissioner Davis had no problem with continuing the public hearing.
Attorney Collins advised they could continue to a time certain without having to
re -advertise.
Mr Barkett volunteered to send out notices to the surrounding residents.
Commissioner Lowther WITHDREW his motion.
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Davis, the Board
unanimously approved to continue the public hearing to
the next Board meeting scheduled on Tuesday, April 4,
2006, at 9:00 a.m. Staff and the developer are to notify
surrounding property owners advising them of the
continuation of the public hearing.
9.B. PUBLIC DISCUSSIONITEMS
9.B.1. REQUEST BYBRUCE T. GENEREA UX TO SPEAK REGARDING 43RDAVENUE
PROPOSED WIDENING AND 58TH A VENUE NORTH OF R UTE 60
(Clerk's Note: Mr. Genereaux spoke at 10: 35 a.m. during the public hearing Item 9.A.1.
and it is placed here for continuity.)
March 21, 2006 - 13 -
Bruce Genereaux, 4406 6th St. SW, Arbor Trace, was concerned with traffic
congestion and noise on 43rd Avenue.
No Board action.
9.B.2. REQUEST BY CHARLIE COX TO SPEAK REGARDING VETERANS COUNCIL
CHANGE OF AN ELECTION DATE
Charlie Cox read his presentation (copy on file) reciting his contention that the
Veterans Council is in violation of the By -Laws Article 4, Section 2 - Officers, Article
9, Section 1 - Amendment to By -Laws, Article 10, Section 1 — Rules, Chapter 496, F. S.
He asked the Commissioners to instruct the Veteran's Council to observe the By -Laws
and hold elections as it should be or they will not get anymore funding. Secondly, he
wanted the Board to appoint a driver to control the transportation to the hospital.
Larry Wapnick, President of the Veterans Council, was surprised to hear
accusations from Mr. Cox and that he brought this problem before the Board. Mr.
Wapnick gave a brief rundown of events that transpired leading to Mr. Cox resigning
himself as Chaplain for the Council and stated that he has not been attending the
meetings since then. On that note, Mr. Wapnick thought Mr. Cox's actions were based
on hearsay.
Mr. Perotti, 1445 Shuman Drive, Sebastian, wanted to clarify Mr. Cox's
accusations and he relayed his side of the argument.
Chairman Neuberger asked Administrator Baird to intercede.
Administrator Baird stated this is not appropriate form because it is a nonprofit
organization. If they have an dispute, they need to take it up on their own. He reviewed
March 21, 2006 -14-
the figures of funds given to the Veterans' Council on Aging. He commented that they
audited their books and they had a clean audit.
Administrator Baird was directed to mediate this
dispute with both parties.
9.C. PUBLIC NOTICE ITEMS
9. C1. NOTICE OF SCHEDULED PUBLIC HEARING FOR MARCH22, 2006 5:00 P.M.:
EXTENSION OF THE MORATORIUM ONSMALL LOT SINGLE-FAMILYSUBDIVISION
9.C2. NOTICE OF SCHEDULED PUBLIC HEARING FOR APRIL 4. 2006:
LAKEWOOD TERRACE SUBDIVISION WATER SERVICE. WEST SIDE OF 2 %H AVE. NORTH
OF THE ST. L UCIE CO. LINE, INDIAN RIVER COUNTY PROJECT NO. UCP -2317
9.C3. NOTICE OF SCHEDULED PUBLIC HEARING FOR APRIL 11. 2006:
CONSIDERATION OF PROPOSED PROPORTIONATE FAIR SHARE ORDINANCE
AMENDMENTS TO LDR CHAPTER 910, CONCURRENCYMANAGEMENT SYSTEM
The Chairman read the notices for the record.
10. COUNTY ADMINISTRATORS MATTERS
None
11. DEPARTMENTAL MATTERS
H.A. COMMUNITYDEVEwPMENT
None
H.B. EMERGENCYSERVICES
None
H.C. GENERAL SERVICES
March 21, 2006 - 15 -
None
ILD. HUMANRESOURCES
None
H.E. HUMAN SERVICES
None
I L F. LEISURE SERVICES
None
II. G. OFFICE OF MANAGEMENT AND BUDGET
None
H.H. RECREATION
None
H.I. PUBLIC WORKS
11.L1. BID AWARD RECOMMENDATION FOR BID NO. 2006050, JUNGLE TRAIL
SHORELINE STABILIZATION PROJECT, INDIAN RIVER COUNTYPROJECT #0117
Public Works Director Jim Davis advised that he took a second look at the bid
proposals and related that some of the bidders did not bid appropriately. He
recommended that the Board waive the inconsistencies, and award the bid to Lucas
Marine Construction.
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Lowther, the Board unanimously
approved to award the contract to Tar -heel Spee allies
T"Linden, NC f^vt! $28,612- Lucas Marine
Construction, Stuart, FI in the amount of $293,000, as
presented by staff
March 21, 2006 -16-
11.L2. BID AWARD RECOMMENDATIONFOR IRCBID No. 2006060, Oslo ROAD
CLEARING, 8TH COURTSWTo27-rHAvENUESW
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Davis, the Board
unanimously approved awarding the bid to the lowest
responsible bidder, P.J.'s Land Clearing & Excavating,
Inc., in the total amount of $38,420.00, as
recommended in the memorandum of March 13, 2006.
1 LL 3. CR 510 (WABAsso ROAD) FROM CR 512 TO INDIAN RIVER DRIVE LOCALLY
FUNDED AGREEMENT AMENDMENT No. 1
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Davis, the Board
unanimously approved to authorize the Chairman to
execute the Agreement as written and recommended in
the memorandum of March 6, 2006.
AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
1 LL 4. AWARD OF CONSTRUCTION CONTRACT - BEACHRESTORATION PROJECTS
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Lowther, the Board unanimously
approved awarding the contract to Great Lakes Dredge
and Dock Co. (GLDD) in the amount of
$13,991,302.15. In addition, the Board approved the
March 21, 2006 -17-
attached sample agreement when required performance
and payment bonds have been submitted along with
appropriate certificate of insurance and the County
Attorney has approved the agreement as to form and
legal sufficiency, as recommended in the memorandum
of March 13, 2006.
1 LL 5. OSLO ROAD/LATERAL "J" CANAL BRIDGE REPLACEMENT
ON MOTION by Commissioner Bowden,
SECONDED by Commissioner Lowther, the Board
unanimously approved Change Order 2 with Lucas
Marine Construction, Inc. in the amount of $17,157.50,
as recommended in the memorandum of March 13,
2006. (New Contract Price $2,242,911.37)
CHANGE ORDER 2 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
11.J. UTILITIES SERVICES
11.J.1. APPROVAL OF WORK ORDER No. 12 WITH MASTELLER, MOLER, REED AND
TAYLOR, INC. TO PROVIDE S UR VE Y SER VICES AT THE GRAND HARBOR
MOSQUITO IMPOUNDMENT SITE—UCP 2208
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Davis, the Board
March 21, 2006 - 18 -
unanimously approved the Work Order No. 12 with
Masteller, Moler, Reed and Taylor Inc. in the amount
(not to exceed) $22,000 and authorized the Chairman to
execute the same, as presented and recommended in the
memorandum of March 2, 2006.
WORK ORDER NO. 12 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
II.J.2. CONSULTING SERVICES WORK ORDER NO.4 AMENDMENT I WITH
KIMLEY--HORN FOR PERMITTING, DESIGN AND CONSTR UCTION SER VICES
FOR REPLACEMENT OF THE WABASSO CAUSEWAY WATER chi SEWER MAIN
UCP No. 960
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Lowther, the Board unanimously
approved Amendment 1 to Work Order No. 4 with
Kimley-Horn in the amount of $53,500 for additional
work associated with this project, and authorized the
Chairman to execute the same, as recommended in the
memorandum of March 7, 2006.
WORK ORDER NO. 4 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
II.J.3. CONTINUING CONSULTING SERVICES WORK ORDER NO.2 WITH MASTELLER
chi MOLER, INC. FOR ENGINEERING SERVICES FOR PUMP STA TTIONNo.
2058—UCP 2628
March 21, 2006 -19-
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Davis, the Board
unanimously approved the attached Work Order No. 2
with Masteller and Moler, Inc. in the amount of
$18,000.00 for engineering services and authorized the
Chairman to execute the same, as recommended in the
memorandum of March 6, 2006.
WORK ORDER NO. 2 IS ON FILE WITH THE OFFICE OF CLERK TO THE BOARD
11.J4. HAEGER HIGHLANDS SUBDIVISIONPETITION WATER SERVICE—IOTx
AVENUE SOUTH OF 4TH STREET, INDIANRIVER COUNTYPROJECT No.
UCP -2468, RESoLUTIoNIV—FINAL ASSESSMENT
ON MOTION by Commissioner Bowden,
SECONDED by Commissioner Lowther, the Board
unanimously adopted Resolution 2006-044, certifying
"as built" costs for installation of water service to
Haeger Highlands subdivision (loth Avenue South of
4th Street) 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.J5. CONSULTING SERVICES AGREEMENT AND WORK ORDER No. I ARCADIS G chi
M, INC. FOR SURVEYING, PERMITTING, DESIGNAND CONSTRUCTION
March 21, 2006 -20-
SERVICES FOR REPLACEMENT OF THE ROCKRIDGE SEWER SYSTEM,
UCP#2521
ON MOTION by Commissioner Bowden,
SECONDED by Commissioner Davis, the Board
unanimously approved the Agreement and Work Order
No. 1 with Arcadis G&M, Inc. in the amount of
$607,800 for surveying, design, and construction
services for the Rockridge project, and authorized the
Chairman to execute same, as recommended in the
memorandum of February 14, 2006.
AGREEMENT AND WORK ORDER NO. 1 ARE ON FILE IN
THE OFFICE OF CLERK TO THE BOARD
12. COUNTY ATTORNEY
None
13. COMMISSIONERS' ITEMS
13.A.1. COMMISSIONER ARTHUR R. NEUBERGER, CHAIRMAN—INDIANRIVER
COUNTYSEAL
Executive Aide Kim Massung reported that the Clerk to the Board is going to
be purchasing an electronic seal and they asked if the Board wishes to continue with the
current seal which is an elk's head.
Chairman Neuberger felt the County's logo with the oranges would make a
great seal.
March 21, 2006 -21-
Commissioner Davis did not want to change the seal since it has been with the
County since 1925.
Attorney Collins advised that if they do make a change it is required that it be
done by an ordinance.
Commissioner Bowden suggested using grapefruits since we are the grapefruit
capital of the world.
MOTION WAS MADE by Commissioner Davis, not to
change the seal. There was no second. MOTION
DIED.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Bowden, by a 4-1 vote,
(Commissioner Davis opposed) to advertise for a public
hearing, to adopt an ordinance to designate a change to
the official County Seal.
I3.A.2. RENEWAL OF EMPLOYMENT AGREEMENT
Administrator Joseph Baird stated the only change to his contract was to raise
his salary 4.0%.
Commissioner Wheeler disagreed with the way they review contracts and
spoke against having contracts for employees. He did not blame any employee
requesting anything they think they can obtain.
March 21, 2006 -22-
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Bowden, by a 4-1 vote
(Commissioner Wheeler opposed) the Board approved
the renewal of the annual employment agreement for
Administrator Baird with a 4% salary increase.
13.8. COMMISSIONER GARY C WHEELER, VICE CHAIRMAN
None
13.0 COMMISSIONER SANDRA L. BOWDEN
Commissioner Bowden recently attended the Urban Land Institute Florida
Symposium in Miami where Governor Jeb Bush. The focus was Regionalism and water
was the big issue. She wanted the Board to be aware that Miami -Dade has 2.3 million
people, and they consume 300 million gallons of water daily. She thought it should be a
requirement for a Commissioner to attend the monthly meeting in Miami to stay abreast
of what is going on.
13.D.1. COMMISSIONER WESLEYS. DAVIS — CLARIFICATION OF THE .JANUARY 24,
2006 MINUTES ITEM 9.B. 5.
Commissioner Davis stated that the minutes of January 24, 2006, Item 9.13.5
did not state specifically in the minutes 27th Avenue, but it was clearly the intent of this
Board to do the underground utilities and divided highway on 27th Avenue. He felt that
this would be handled as they move forward.
He complimented the organizers of the Firefighters County Fair for doing an
outstanding job.
March 21, 2006 -23-
13.E. COMMISSIONER THOMAS S. LOWTHER
Commissioner Lowther attended the Treasure Coast Regional Planning
Council and he felt we could learn a lot from Palm Beach County.
14. SPECIAL DISTRICTS AND BOARDS
M.A. EMERGENCYSERVICESDISTRICT
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 11:50 p.m.
ATTEST:
Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman
Minutes Approved:
March 21, 2006 -24-
BCC/MIS/2006Minutes
March 21, 2006 -25-