HomeMy WebLinkAbout03/23/2004INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MARCH 23, 2004
1. CALL TO ORDER........................................................................................1
2. INVOCATION...............................................................................................1
3. PLEDGE OF ALLEGIANCE......................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS.............................................................................................................1
5.A. PRESENTATION BY MARK GRAHAM FOR PAUL TRITAIK -
PELICAN ISLAND NATIONAL WILDLIFE REFUGE - TIME
CAPSULE DEDICATION PLAQUE - (MARCH 13, 2004) ....................2
5.B. PRESENTATION OF TORCHBEARER AWARD TO INDIAN
RIVER COUNTY BY PARKS DIVISION SUPERINTENDENT
JIM ROMANEK, UNITED WAY COORDINATOR ..............................2
6. APPROVAL OF MINUTES........................................................................3
March 23, 2004 1
7. CONSENT AGENDA....................................................................................3
7.A. REPORTS...................................................................................................................3
7.B WARRANTS..................................................................................................................3
7.0 2004 ELECTION OF TRANSPORTATION DISADVANTAGED LOCAL
COORDINATINGBOARD (TDLCB) VICE CHAIRMAN RON TESNOW ...........................4
7.D. 2004 COMMITTEE APPOINTMENTS FOR THE CITY OF VERO BEACH .......................4
7.E. PROCLAMATIONAND RETIREMENTAWARD HONORING PATRICIA THOMAS ON
HER RETIREMENTEFFECTif'EMARCH31, 2004 .......................................................4
7.F. PROCLAMATION AND RETIREMENT AWARD HONORING PAUL PECK ON HIS
RETIREMENTEFFECTif'EMARCH31, 2004................................................................5
7.G. OLD ORCHID —PHASE 4 P.D. —KENNEDY GROVES, INC. —SUBSTITUTION OF
SECURITY FOR REQUIRED IMPROVEMENTS
5
7.H. RESOLUTIONNO.2004-029—MiscELLANEOUSBUDGETAMENDMENT008 ........... 5
7.L LICENSE AGREEMENT WITH OMNIPOINT HOLDINGS INC. (DBA T -MOBILE) FOR
PLACING WIRELESS COMMUNICA TIONS EQ UIPMENTAND OCCUPYING SPA CE AT
THE GIFFORD ELEVATED WATER TANK..................................................................... 6
7.J. LICENSE AGREEMENT WITH BELLSOUTH MOBILITY LLC DBA LINGULAR
WIRELESS FOR PLACING WIRELESS COMMUNICATIONS EQUIPMENT AND
OCCUPYING SPACE AT THE 58THAVENUEELEVATED WATER TANK ...........................6
7.K SUNLAND DETIELOPMENT, INC. —FINAL PLATAPPROVAL FOR DIAMOND LAKE
PHASEI SUBDIVISION................................................................................................. 7
7.L. STATUS OFSTAFFRESEARCHONCONSTRUCTIONNUISANCEISSUES .....................7
7.M. RESOLUTION NO. 2004-030 - AMENDMENT NUMBER ONE TO COUNTY
INCENTIVE GRANT PROGRAMAGREEMENT WITH THE FLORIDA DEPARTMENT
OF TRANSPORTATION— CR 512 WIDENING AND RESURFACING PROJECT - I-95
To RosELAND ROAD — (PROJECT 9611)...................................................................... 7
7.N. PROPOSED 2004/2005 BUDGET WORKSHOP AND HEARING SCHEDULE —
WORKSHOPDATEs. JULYI4AND 15AND BUDGETHEARINGDATES SEPTEMBER
8AND 15, 2004AT5:01 P.M.........................................................................................8
7.0. ABINGTON WOODS L.L.C/AxEL STEPAN — REQUEST FOR FINAL PLAT
APPROVAL FORA PLANNED DEVELOPMENT TO BEKNOWNASABINGTON WOODS
P.D..............................................................................................................................8
March 23, 2004 2
7.P. BID #6043 - SELECTION OF REPLACEMENT BIDDER FOR DEMOLITION OF
CONDEMNED STRUCTURES - JIM WRIGHT CONSTRUCTION, INC. PURCHASE
ORDER ON ORIGINAL BID FROM LOOMER CONSTRUCTIONRESCINDED ....................9
9.A.1. PUBLIC HEARING - ORDINANCE NO. 2004-009 - REZONING
APPROXIMATELY 151 ACRES FROM A-1 TO RS -3 -
NORTHEAST CORNER OF CR 510 (WABASSO ROAD) AND
86TH AVENUE - SEBASTIAN GROVE HOLDINGS, LTD.
(QUASI-JUDICIAL).....................................................................................9
9.B.1. PUBLIC DISCUSSION ITEM - BRIAN T. HEADY - IMPACT
FEES AND CONSEQUENCES OF RECENT DECISIONS ON
GROWTH OF RESIDENTIAL NEIGHBORHOODS ...........................17
9.B.2. PUBLIC DISCUSSION ITEM - CARL J. MOSHER - 43P -D
AVENUE WIDENING PROJECT............................................................17
9.B.3. PUBLIC DISCUSSION ITEM - MANUEL J. SILVA JR -
REGARDING CODE ENFORCEMENT VIOLATIONS AND
BUILDING CODE IRREGULARITIES..................................................18
10.A. RESOLUTION NO. 2004-031 - REQUESTING SUPPORT FOR
CONTINUED FUNDING OF LAW LIBRARY THROUGH
SERVICEFEES...........................................................................................18
11.A. RESOLUTION NO. 2004-032 - CONDEMNATION,
DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES -
(1) ESTATE OF GERTRUDE BROWN HARGROVE -
4214/4216/4218 25TH AVENUE - (2) DAVIS TEMPLE CHURCH
OF GOD IN CHRIST OF GIFFORD, INC. - 4251 27TH AVENUE
March 23, 2004 3
- (3) O. B. COLLINS - 6710 34TH TERRACE - (4) ERNESTINE
WEBB WILLIAMS - 4235 29TH AVENUE...........................................19
11.C.1. DEDICATION PLAQUE FOR THE LAW ENFORCEMENT
MEMORIAL MONUMENT ON THE COURTHOUSE WALL.......... 21
11.C.2. NEW COUNTY ADMINISTRATION BUILDING COMPLEX
UPDATE - DESIGN OF 43" AVENUE SUPPLEMENTARY
STRUCTURE - DONADIO & ASSOCIATES, ARCHITECTS,
P.A./SONG + ASSOCIATES, INC............................................................21
11.H. COMPETITIVE DIVING PROPOSAL - NORTH COUNTY
AQUATIC CENTER USE AGREEMENT - RFQ - GREGG
SERVAITES DBA TREASURE COAST DIVE TEAM.........................24
1LL1. CR 512 CORRIDOR IMPROVEMENTS - MASTELLER &
MOLER, INC. - PROFESSIONAL ENGINEERING SERVICES
AGREEMENT - ADDENDUM NO.7 - PROJECT NO. 9611 ..............25
11.L2. EAST INDIAN RIVER COUNTY MASTER STORMWATER
MANAGEMENT PLANT - CONSTRUCTION TILTING WEIR
GATES AT THE MAIN RELIEF CANAL, NORTH RELIEF
CANAL, SOUTH RELIEF CANAL, AND THE LATERAL `C'
CANAL IN THE INDIAN RIVER FARMS WATER CONTROL
DISTRICT - MET -CON, INC.- RELEASE OF FUNDS FOR
CHANGE ORDER NO. 1...........................................................................25
11.L3. BID NO. 6028 - 4TH STREET WIDENING CONSTRUCTION
FROM US#1 TO WEST OF OLD DIXIE HIGHWAY - TIMOTHY
ROSE CONTRACTING, INC...................................................................26
March 23, 2004 4
12.A. RESOLUTION NO. 2004-033 - EXCHANGE OF PROPERTY
WITH DODGERTOWN VENTURES LLLP - FIRST
AMENDMENT TO FACILITY LEASE AGREEMENT - LOS
ANGELES DODGERS, INC. - HOLMAN STADIUM EVENT
PARKING..................................................................................................... 26
13.A.1. CHAIRMAN CAROLINE D. GINN - PROBLEMS OCCURRING
BECAUSE OF FILL - THREE PROPERTIES: 1) BUSH AT 1935
MOORINGLINE DRIVE, 2) GAUDIOSI AT 520 REEF ROAD
(OCEANSIDE DEVELOPMENT); 3) PEGGY HARBIN AT 8645
24TH STREET (PARADISE PARK)..........................................................27
13.A.2. CHAIRMAN CAROLINE D. GINN - RESIGNATION OF AND
SEVERANCE FOR COUNTY ADMINISTRATOR JAMES E.
CHANDLER - ELEVATION OF ASSISTANT COUNTY
ADMINISTRATOR JOSEPH A. BAIRD TO COUNTY
ADMINISTRATOR....................................................................................29
13.B. VICE CHAIRMAN ARTHUR R. NEUBERGER - KEEP INDIAN
RIVER BEAUTIFUL (KIRB) LEASE CONTINUANCE AFTER
PURCHASE OF PROPERTY FROM THE CITY OF VERO
BEACH (OTHER TENANTS: WASTE MANAGEMENT, INC.,
ASPLUNDH CONSTRUCTION CORP., ASSOCIATION FOR
RETARDED CITIZENS OF INDIAN RIVER COUNTY (ARC),
HOGAN & SONS, INC., MAIN STREET VERO BEACH, AND
TREASURE COAST FOOD BANK.........................................................31
14.A. EMERGENCY SERVICES DISTRICT...................................................33
NONE................................................................................................................................... 33
March 23, 2004 5
14.B. SOLID WASTE DISPOSAL DISTRICT..................................................33
NONE................................................................................................................................... 33
14.C. ENVIRONMENTAL CONTROL BOARD.............................................33
NONE................................................................................................................................... 33
March 23, 2004
March 23, 2004
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 251'' Street, Vero Beach, Florida, on
Tuesday, March 23, 2004, at 9:00 a.m. Present were Caroline D. Ginn, Chairman; Arthur R.
Neuberger, Vice Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Kenneth
R. Macht. Also present were Joseph Baird, Acting County Administrator; William G. Collins II,
County Attorney; Kimberly Massung, Executive Aide to the Board; and Patricia Ridgely, Deputy
Clerk.
1. CALL TO ORDER
Chairman Ginn called the meeting to order.
2. INVOCATION
Reverend Carol Trax, Community Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Lowther led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Ginn requested the following additions to today's Agenda:
March 23, 2004 1
1. 5.13. — Presentation of United Way Campaign Torch Bearer Plaque by Parks
Division Superintendent Jim Romanek
2. 7.P. — Selection of Replacement Bidder for Demolition of Structures — Jim
Wright Construction, Inc. — Rescind Previous Award of Bid 46043 to Loomer
Construction, Inc.
3. 13.A.2. — Resignation of County Administrator James E. Chandler — Elevation
of Acting County Administrator Baird to County Administrator
4. 13.13. — KIRB Short -Term Lease Extension
ON MOTION by Commissioner Adams, SECONDED by
Vice Chairman Neuberger, the Board unanimously made the
above additions to the Agenda.
5.A. PRESENTATION BY MARK GRAHAM FOR PAUL TRITAIK -
PELICAN ISLAND NATIONAL WILDLIFE REFUGE - TIME
CAPSULE DEDICATION PLAOUE - (MARCH 13, 2004)
Mark Graham, on behalf of the staff of the Pelican Island National Wildlife Refuge
and Refuge Manager Paul Tritaik, presented Commissioner Macht with a commemorative plaque
made of the granite used for the time capsule dedication held March 13, 2004, in appreciation of the
continuing relationship with Indian River County. The time capsule is to be opened in 100 years.
5.B. PRESENTATION OF TORCHBEARER AWARD TO INDIAN
RIVER COUNTY BY PARKS DIVISION SUPERINTENDENT
JIM ROMANEK, UNITED WAY COORDINATOR
March 23, 2004 2
Parks Division Superintendent Jim Romanek stated the County employees have
once again exceeded their goal and presented a plaque naming Indian River County a Torchbearer
to Chairman Ginn.
Chairman Ginn expressed her thanks and commented that every year Jim has done
a wonderful job coordinating this event for the County employees.
Commissioner Macht specified that $1,860,000 was raised this year.
6. APPROVAL OF MINUTES
None.
7. CONSENT AGENDA
7.A. REPORTS
Received and placed on file in the Office of the Clerk to the Board:
Auditor General, State of Florida, Operational Audit of Florida Bright Futures
Scholarship Program, Report No. 2004-142
7.B WARRANTS
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
the Warrants issued by the Clerk to the Board for the period
of March 5-11, 2004, as requested.
March 23, 2004 3
7.C. 2004 ELECTION OF TRANSPORTATION DISADVANTAGED LOCAL
COORDINATING BOARD (TDLCB) VICE CHAIRMAN RON TESNOW
The Board noted the election for the TDLCB of Vice Chairman Ron Tesnow.
7.D. 2004 COMMITTEE APPOINTMENTS FOR THE CITY OF VERO BEACH
The Board took note of the appointments for the City of
Vero Beach to the following committees: County
Recreation Committee, Emergency Services District
Advisory Committee, Treasure Coast Council of Local
Governments, Treasure Coast Regional Planning Council,
County Economic Development Council, Tourist Tax
Development Council, Marine Advisory Narrows
Watershed Action Committee, Council on Aging,
Metropolitan Planning Organization, Land Acquisition
Advisory Committee, Council of Public Officials,
Affordable Housing Advisory Committee, and Beach
Committee.
7.E. PROCLAMATION AND RETIREMENT AWARD HONORING PATRICIA
THOMAS ON HER RETIREMENT EFFECTIVE MARCH 31, 2004
Proclamation and Retirement Award noted for the record.
March 23, 2004 4
7.F. PROCLAMATION AND RETIREMENT A WARD HONORING PAUL PECK
ON HIS RETIREMENT EFFECTIVE MARCH 31, 2004
Proclamation and Retirement Award noted for the record.
7.G. OLD ORCHID — PHASE 4 P.D. — KENNEDY GROVES. INC —
SUBSTITUTION OF SECURITY FOR REQUIRED IMPROVEMENTS
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
the proposed Modification to Contract for Construction of
Required Improvements No. PD-02-03-05CF
(95060039-29329) and accompanying Cash Deposit and
Escrow Agreement and authorized the Chairman to execute
same, as recommended in the memorandum of March 17,
2004.
COPIES OF DOCUMENTS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.11. RESOLUTION No. 2004-029 — MISCELLANEOUS BUDGET
AMENDMENT 008
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously adopted
Resolution No. 2004-029 amending the Fiscal Year
2003-2004 budget.
March 23, 2004 5
U LICENSE AGREEMENT WITH OMNIPOINT HOLDINGS INC (DBA
T -MOBILE) FOR PLACING WIRELESS COMMUNICATIONS EQUIPMENT
AND OCCUPYING SPACE AT THE GiFFORD ELEVATED WATER TANK
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously authorized
the Chairman to execute the proposed Elevated Water Tank
Space License Agreement with Omnipoint Holdings Inc., as
recommended in the memorandum of March 15, 2004.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
U LICENSE AGREEMENT WITH BELLSOUTH MOBILITY LLC DBA
CINGULAR WIRELESS FOR PLACING WIRELESS COMMUNICATIONS
EQUIPMENT AND OCCUPYING SPACE AT THE 58THAVENUE ELEVATED
WATER TANK
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously authorized
the Chairman to execute the proposed Elevated Water Tank
Space License Agreement with BellSouth Mobility LLC, as
recommended in the memorandum of March 12, 2004.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
March 23, 2004 6
7.K. SUNLAND DEVELOPMENT. INC — FINAL PLAT APPROVAL FOR
DIAMOND LAKE PHASE I SUBDIVISION
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously granted
final plat approval for Diamond Lake Phase I, authorized the
Chairman to execute the submitted Contract for
Construction of Remaining Required Improvements, and
accepted the security arrangement, as recommended in the
memorandum of March 12, 2004.
COPY OF CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.L. STATUSOFSTAFFRESEARCHONCONSTRUCTIONNUISANCEISSUES
For information only, no action required or taken.
7.M. RESOLUTION NO. 2004-030 - AMENDMENT NUMBER ONE TO
COUNTY INCENTIVE GRANT PROGRAM AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION — CR 512 WIDENING
AND RESURFACING PROJECT - I-95 TO ROSELAND ROAD — (PROJECT
9611)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously adopted
March 23, 2004 7
Resolution No. 2004-030 approving amendment No. 1 to
the County Incentive Grant Program (CIGP) Agreement
with the Florida Department of Transportation for CR 512
widening and resurfacing project from I-95 to Roseland
Road.
COPY OF PARTIALLY EXECUTED GRANT AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.N. PROPOSED 2004/2005 BUDGET WORKSHOP AND HEARING
SCHEDULE — WORKSHOP DATES: .JULY 14 AND 15 AND BUDGET
HEARING DATES SEPTEMBER 8 AND I S. 2004 AT 5:01 P.H.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
the budget workshop dates and the dates for the budget
hearings for the 2004/2005 budgets, as recommended in the
memorandum or March 16, 2004.
7. 0. ABLNGTON WOODS L.L. C /AXEL STEPAN — REQUEST FOR FINAL
PLAT APPROVAL FOR A PLANNED DEVELOPMENT TO BE KNOWN AS
ABLNGTON WOODS P.D.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously granted
final plat approval for the Abington Woods PD and
authorized the Chairman to execute the Contract for
March 23, 2004 8
Construction and the Cash Deposit and Escrow Agreement,
as recommended in the memorandum of March 11, 2004.
COPIES OF CONTRACT AND
CASH DEPOSIT AND ESCROW AGREEMENT ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.P. BID #6043 — SELECTION OF REPLACEMENT BIDDER FOR
DEMOLITION OF CONDEMNED STRUCTURES — Jim WRIGHT
CONSTRUCTION, INC PURCHASE ORDER ON ORIGINAL BID FROM
LOOMER CONSTRUCTIONRESCINDED
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously rescinded
Loomer Construction's purchase order and awarded Bid
46043 to Jim Wright Construction, Inc. for $10,000 for the
removal of the two structures contained in Bid 46043, as
recommended by staff in the memorandum dated March 22,
2004.
9.A.1. PUBLIC HEARING - ORDINANCE NO. 2004-009 - REZONING
APPROXIMATELY 151 ACRES FROM A-1 TO RS -3 -
NORTHEAST CORNER OF CR 510 (WABASSO ROAD) AND
86TH AVENUE - SEBASTIAN GROVE HOLDINGS, LTD.
(OUASI-JUDICIAL)
PROOF OF PUBLICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
March 23, 2004 9
Community Development Director Bob Keating reviewed the memorandum using
a PowerPoint presentation. (Clerk's Note: A copy has been placed on file with the backup in the
office of the Clerk to the Board.)
Director Keating and County Attorney Collins responded to questions of
Commissioner Macht and Vice Chairman Neuberger concerning a possible conservation
designation of the 8 acres containing wetlands adjacent to the St. Sebastian River, possible
annexation by the City of Sebastian, whether or not the applicant would be willing to make a
commitment to submit this project as a PD (planned development), and when the Sebastian River
Water Control District (SRWCD) would be setting their discharge rate.
It was specified there currently is no conservation land use designation to fit the 8
acres; such a designation would depend on ownership. Staff has been working with the City
concerning the rezoning application to insure compatibility with the adjacent property (currently
pending annexation). There has been no indication the City wishes to annex the subject 151 acres.
The SRWCD is working with the SJRWMD to do a comprehensive drainage study
in that area. It might take 6-9 months before the study is completed and their discharge rate is set.
Commissioner Lowther was interested to learn about the stormwater treatment
plans, and Environmental & Code Enforcement Chief Roland DeBlois responded by using aerial
maps displayed on the overhead projector. Mr. DeBlois gave an historical account of tributaries
from the River and grove ditches. Mr. DeBlois also advised of consideration regarding the issue of
conservation of the wetlands and conservation zoning.
Director Keating advised that the concerns voiced by members of the Planning &
Zoning Commission have been addressed.
Traffic Engineer Christopher Mora responded to questions concerning traffic impact
advising that a study showed that all intersections would be at Level "D" or better at build out.
March 23, 2004 10
Chairman Ginn pressed for more information on traffic concerns and Mr. Mora
explained how traffic would be routed and that alternative routing is being investigated with
consideration being given to another entrance to the property.
Director Keating explained that the plans for widening CR 510 are underway and
should be under construction in another 6 to 7 years.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
Jennifer Dare, whose home fronts on CR 510, was very concerned because survey
markers were almost up to her front door.
Public Works Director James Davis explained that FDOT (Florida Department of
Transportation) surveyors have been doing preliminary work in preparation for the widening of CR
510. He doubted they would be taking all 125 feet from her side of the road, but they do have to
survey beyond the road limits to determine restrictions or easements that might exist on either side
of a roadway -widening project. FDOT does have authority to take property but this project is in the
very preliminary stages.
Commissioner Adams asked Director Davis to stay in contact with Ms. Dare in
regard to her concern.
Brian Heady, Vero Beach, spoke in opposition to continued growth and concluded
by saying that widening roads is not a solution to slowing down growth.
Ron Trahan, 980 Franciscan Avenue, Sebastian, expressed concerns about more
traffic especially with the development of Sebastian River Landings I & II that have not been
included in traffic impact studies. He was also concerned about conservation of old oaks, palms,
cypress, and wildlife, retention ponds, and minimizing contaminant flow into the River.
March 23, 2004 11
Frank Wegel, vice president of the Friends of the St. Sebastian River, who lives in
Ercildoune Heights, had mixed feelings about the rezoning of this property under the County's
versus the City's regulations.
Vice Chairman Neuberger read a letter from Dr. David L. Cox into the minutes
stating his reasons for opposition to the proposed rezoning application. (Copy of letter is on file
with the backup in the Office of the Clerk to the Board.)
Russell Herman, 586 Rosewood Court, secretary of the Friends of the St. Sebastian
River, read from prepared notes. He was appalled that this was being considered adjacent to the
River. He felt it was doubtful it would produce a net benefit when the negative impacts are added
to the equation. He was concerned about the stormwater runoff into the River and pollution
contents. Aquascaping does help but effectiveness depends on the quality of design and
maintenance.
Former Sebastian Mayor Walter Barnes, 402 Azine Terrace, thought there was a
misconception regarding Sebastian's annexation. Only two annexations have been approved by the
City in the CR 510 -CR 512 area (Sebastian Landings). He explained that Sebastian does not have
R-3 zoning so the application comes in at R-5. Sebastian Landings are both PDs with densities of
2.99 per acre. There will not be an annexation in Sebastian for developments more than 3 units per
acre and all applicants are told that. Each of the municipalities has joined in a letter to sit down with
the County to address growth.
Blair Witherington, president of the Coastal Preserves Alliance of East Central
Florida, stated that his group is a citizen support foundation that supports 5 preserves, one being the
St. Sebastian Aquatic Preserve. His group saw the potential for restoration of the now -ditches back
to tributaries of the River.
Former County Commission Chairman and County Historian Ruth Stanbridge,
4835 66 I Avenue, expressed concerns about water quality issues. She was concerned that each
governmental entity having jurisdiction looks only from their perspective. She believed the big
picture has been forgotten and explained what was necessary. She urged that development stop
March 23, 2004 12
until a floodplain plan can be formulated to replace this piecemeal approach in order to prove
drain -off can be accommodated.
Tim Glover, 9660 Estuary Way, Sebastian, president of the Friends of the St.
Sebastian River, questioned the density of this rezoning request and expressed concerns about the
impact on the River. He recounted costly steps taken for acquiring the buffer preserve and for
conservation of the River. He expressed concern for algae blooms seen in the River and suggested
what has happened on the South Prong must be given consideration with regard to this location.
George Gross, 1230 391'' Avenue, a member of the Planning and Zoning
Commission, made two points and the first had to do with Dr. Cox's letter. The P& Z has a policy
that those who vote against a motion explain why they cast a nay vote. Dr. Cox had stated he would
write a letter giving his reasons for his "nay" vote and thus his letter read into the record earlier in
this hearing.
Mr. Gross agreed we need a study of the area and, in response to his questioning,
Director Keating stated that the requirement for water outfall from a site such as this (in a drainage
basin where the applicable water control district has not set a discharge rate) is that the project is
limited to off-site discharge at its pre -development rate. At development review time, any project
on the site will need to obtain outfall permits from the SRWCD, a 40C4 permit from the SJRWMD
and it will be scrutinized by the County's civil engineers in Public Works.
Mr. Gross understood that the developer takes the risk that he will get the permits.
Renee Renzi, Waverly Place, was pleased to see this much deliberation and wished
the same consideration had been given to another request that came to them in December. She
thought they had 3 very valid reasons (environmental, school, and transportation impacts) to safely
say "no" to this one and "to heck with Bert Harris".
Deborah Ecker, 550 Riomar Drive, spoke on behalf of the Indian River
Neighborhood Association (originally the Riomar Neighborhood Association). One of their goals
is a commitment to the preservation of our water resources. She believed approval of this rezoning
would be contrary to the dictates of the 2020 Comprehensive Plan and cited specifics in the Plan to
March 23, 2004 13
support her position. She asked the Commissioners to apply the regulations to ensure the
preservation of our natural resources.
Ralph Evans, attorney for applicant, addressed issues raised by the public and the
Commissioners. He reviewed staffs presentation and believed that all statutory criteria in Indian
River County have been met for adoption of this rezoning request. Concerning the issue of the (on
paper) easement in favor of the SRWCD, he had proposed abandonment of that easement at one of
their meetings. The two property owners have agreed to abandon it and the engineering for water
management is being done. This property had been a grove and the wetland is off the property to
the north. He stated the water on the property does not have a drainage impact on the canal.
David Knight, Knight, McGuire and Associates, representing the applicant,
specified that this property will have to meet all state and local discharge regulations and
requirements of stormwater retention. Currently this property is not draining naturally and there is
virtually no retention, so what the developer proposes will be a significant improvement to the
quality and quantity of discharge into the Sebastian River.
Mr. Evans restated that conservation zoning is not available for this property. His
client is willing to commit to doing a PD (planned development). The 8 acres have been removed
from the zoning and will remain A-1. The present plan calls for mitigation on the property. There
is a plan to plant vegetation where ditches exist through the north 8 acres to restore them to
whatever the natural state may be. There is a commitment to resolve this issue as it buffers the River
as well as an additional 100' buffer. He then explained the 4-3 vote at P & Z's meeting. He believed
he had presented the evidence and that criteria have been met. There is no criteria which requires
that the development wait until the agencies have done their modeling. He expressed concern that
perhaps the quasi-judicial nature of this hearing might have been compromised. In conclusion, he
asked for the Board's favorable vote.
Commissioner Macht understood that the client has agreed to make this a PD and
inquired whether or not the developer would commit to a conservation easement of the 8 acres in
favor of the County.
March 23, 2004 14
Larry Geddy, a representative of the landowner, stated that they have worked with
staff for a good 12 months and listened to their recommendations and worked through the
objections by altering the plan. They are going to do a PD. Concerning the 8 -acre conservation
area, they anticipate enhancing it and will deed it to the County. They would enhance the 8 acres
and restore them to a wetland conservation state together with a 100' planted buffer. It will require
an extensive replanting. Their position is that they are taking the discharge and making the River
cleaner than it is today. Their engineers are working with the districts (SJRWMD and SRWCD) and
they have done everything that has been requested of them. They have worked well with staff and
have heeded their comments and moved accordingly.
Commissioner Macht was pleased to hear the assurances given by Mr. Geddy. He
also gave assurance that Mr. Evans' concerns on the quasi-judicial nature of the hearing were
un -founded.
Richard Baker, 522 N. Blue Island Lane, Sebastian, displayed and reviewed a list
entitled St. Sebastian River A National Treasure (copy on file with the backup in the Office of the
Clerk to the Board) to point out the need to protect this most important River for the public. He
specified that the Audubon Society had invited the Commissioners to hear Grant Gilmore speak on
the fish species in the River, but none of them had attended. (List of species is on file with the
backup in the Office of the Clerk to the Board.) He asked the Board to set aside the whole basin
as a special case and wait until the modeling from the Districts has been completed before making
a decision on this matter.
The Chairman asked if anyone else wished to be heard with regard to this matter.
There being none, the Chairman closed the public hearing.
Chairman Ginn questioned the flood zoning on this entire site, and Director Keating
specified that most of it is in the "X" zone and outside of the 100 year floodplain. Only the 8 acres
is in the 100 year floodplain.
March 23, 2004 15
A flood plain map was displayed and Senior Planner Gale Carmoney outlined the
subject property.
Director Keating gave assurances that some of the property might be in an "AU
flood zone and staff will look at that during the development review period. The property is in the
drainage basin of the St. Sebastian River.
Commissioner Macht stated that his motion to approve was based on the assurances
and other factors brought out at this meeting (PD plan, staffs assurance they can control the
outflow to the River, and concern that it would be developed anyway under the regulations of
another sovereignty). He wished to add that the Board initiate an action to launch a study to
categorize it as a "basin of special concern" category.
In seconding, Vice Chairman Neuberger also specified that "lots of eyes" will be
watching this project.
ON MOTION by Commissioner Macht, SECONDED by
Vice Chairman Neuberger, the Board by a 3-2 vote
(Chairman Ginn & Commissioner Adams opposed) adopted
Ordinance 2004-009 amending the Zoning Ordinance and
the accompanying Zoning Map for approximately 151 acres
located at the northeast corner of C.R. 510 (Wabasso Road)
and 86th Avenue, from A-1, Agricultural District (up to 1
unit/5 acres) to RS -3, Single -Family Residential District (up
to 3 units/acre); and providing codification, severability, and
effective date.
The Chairman called a recess at 10:58 a.m. The meeting was reconvened at 11:08
and the Chairman asked speakers to confine their remarks to 3 minutes.
March 23, 2004 16
9.B.I. PUBLIC DISCUSSION ITEM - BRIAN T. HEADY - IMPACT
FEES AND CONSEOUENCES OF RECENT DECISIONS ON
GROWTH OF RESIDENTIAL NEIGHBORHOODS
Brian Heady, Vero Beach, quoted Article 1, Section 5, of the Florida Constitution
and claimed that he was denied his right to speak at the last Commission meeting on an issue
regarding the hiring of a consultant. He felt the consultant with more experience at a lower bid
should have been hired.
NO ACTION REQUIRED OR TAKEN.
9.B.2. PUBLIC DISCUSSION ITEM - CARL J. MOSHER - 43"
AVENUE WIDENING PROJECT
Carl Mosher, 4411 81h Street SW, feared the proposed widening of 43rd Avenue
from 2 lanes to 5 lanes would cause defoliation of masking landscape materials and make it look like
US41 going through a residential community. He applauded the County for not designating 43rd
Avenue as a truck route, but 5-laning it will negate that decision. He understood no public
workshop was held on this project and requested a full-scale status presentation and workshop be
held. He urged them to keep 43rd Avenue a residential corridor.
NO ACTION REQUIRED OR TAKEN.
March 23, 2004 17
9.B.3. PUBLIC DISCUSSION ITEM - MANUEL J. SILVA JR -
REGARDING CODE ENFORCEMENT VIOLATIONS AND
BUILDING CODE IRREGULARITIES
Manuel J. Silva Jr., 455 131'' Lane SW, took issue with code enforcement action
concerning fencing on his property. He read from prepared remarks requesting the following: 1)
review of code enforcement's selective enforcement behavior, 2) legality of no building code statute
of limitations, and 3) intent of the law 104.1.1, in connection with Code Enforcement violations and
building code irregularities. (See backup pages 149-151.)
In response to Vice Chairman Neuberger's questioning, Environmental & Code
Enforcement Chief Roland DeBlois explained that Mr. Silva's was one of 12 properties cited
because of an anonymous complaint of various illegal structures in his neighborhood. Mr. Silva was
asked to get an after -the -fact permit for the sections of fence he had replaced. In response to Code
Enforcement's notice, no permit was issued, and Mr. Silva took down the whole fence.
Discussion ensued. Mr. Silva was still unhappy and indicated he would file a lawsuit.
NO ACTION REQUIRED OR TAKEN.
10.A. RESOLUTION NO. 2004-031 - REOUESTING SUPPORT FOR
CONTINUED FUNDING OF LAW LIBRARY THROUGH
SERVICE FEES
ON MOTION BY Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution No. 2004-031 requesting support from
individuals, groups and the Florida Legislature for adequate
March 23, 2004 18
Law Library funding and providing means for
implementation.
11.A. RESOLUTION NO. 2004-032 - CONDEMNATION,
DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES -
(1) ESTATE OF GERTRUDE BROWN HARGROVE -
4214/4216/4218 25TH AVENUE - (2) DAVIS TEMPLE CHURCH
OF GOD IN CHRIST OF GIFFORD, INC. - 4251 27TH
AVENUE - (3) O. B. COLLINS - 6710 34TH TERRACE - (4)
ERNESTINE WEBB WILLIAMS - 4235 29TH AVENUE
Building Official Wayne Russ reviewed his memo and the steps taken by his
department concerning condemnation of these four properties in compliance with the law.
Chairman Ginn explained that Ernestine Williams was present to seek additional time
as her brother had surgery and had subsequently died. She had cared for him and the money she
would have used toward the property had been used for his burial. Chairman Ginn advocated
another extension be granted Ms. Williams.
ON MOTION BY Commissioner Macht, SECONDED by
Commissioner Lowther, the Board unanimously granted
another 90 -day extension on the house located at 4235 291h
Avenue. (Ernestine Webb Williams)
Vice Chairman Neuberger had learned that the house located at 6710 341h Terrace
(O. B. Collins) might have some historical significance and asked if there had been any contact with
the owner or recent changes of ownership.
March 23, 2004 19
Mr. Russ explained he tried to contact the owner but has had no response. He
understood the property is for sale. He could not speak to the historic significance of the house but
in his professional opinion the structure is not capable of being relocated.
MOTION WAS MADE by Commissioner Lowther,
SECONDED by Vice Chairman Neuberger, to adopt the
proposed resolution exempting the Williams' property.
Commissioner Adams asked that the Board give a 45 -day grace period to the house
at 6710 34th Terrace indicating she had a "vision" for that house.
Commissioner Lowther, and Vice Chairman Neuberger
AMENDED their motion to grant a 45 -day extension on the
structure located at 6710 341h Terrace.
The Chairman CALLED THE QUESTION and the Board
unanimously adopted Resolution No. 2004-032 providing
for demolition of unsafe structures and recovery of costs.
( [ 1 ] Estate of Gertrude Brown Hargrove, structure at
4214/4216/4218 25th Avenue and [2] Davis Temple Church
of God in Christ of Gifford, Inc., structure at 4251 27th
Avenue.)
CLERK'S NOTE: The Board granted a 45 -day extension
on demolition of the structure at 6710 34th Terrace (O. B.
Collins) and a 90 -day extension on the demolition of the
structure at 4235 29th Avenue (Ernestine Webb Williams).
March 23, 2004 20
11.C.1. DEDICATION PLAOUE FOR THE LAW ENFORCEMENT
MEMORIAL MONUMENT ON THE COURTHOUSE WALL
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously approved the
placement of the plaque on the wall, as recommended in the
memorandum of March 16, 2004.
11.C.2. NEW COUNTY ADMINISTRATION BUILDING COMPLEX
UPDATE - DESIGN OF 43" AVENUE SUPPLEMENTARY
STRUCTURE - DONADIO & ASSOCIATES, ARCHITECTS,
P.A./SONG + ASSOCIATES, INC.
General Services Director Tom Frame introduced the design team and stated they
would be presenting the schematic design phase. He briefly reviewed his memorandum of March
17, 2004, explaining that there will be two buildings "A" and "B". A third building on 43rd Avenue
(Jackson Tract) will accommodate other departments which, by virtue of their roles in County
government, are more suited to that site. The off -campus building will provide the storage, staging
area, and loading dock needed by the Supervisor of Elections who has agreed to this relocation of
her main office. A small Elections Office will be in the Administration Building Complex to serve
the public for voter registration and absentee voting. Also in the 43rd Avenue building will be
Buildings and Grounds, Animal Control, Purchasing, and Recreation.
Project Manager Steve Blum advised that we are now at the end of the design
development stage and the architect is well beyond the schematic design phase. We will have two
attractive 2 -story buildings on the main campus with less square footage. Some departments have
been relocated to 43rd Avenue; that will provide the necessary space at lower construction costs.
March 23, 2004 21
The next phase is design development and there will be an effort to gain back some of the time lost
earlier. They will also be asking the Board for approval to proceed toward modified design
contracts for the building on 43rd Avenue.
Young Song introduced herself and Tony Donadio who have partnered in the design
of the new project. She gave a progress report using a color presentation of the schematic design
phase. The presentation included the site plan, departmental layout, Building "A" first and second
floor plans, Building `B" first and second floor plans, front elevations of both buildings, and the
project square footage analysis. (A copy of this presentation is on file with the backup in the Office
of the Clerk to the Board.) She advised that design of the bridge over the canal is proceeding. It is
anticipated that construction of the bridge will be completed by May 2005 to facilitate in the
construction of the complex. There are plans to beautify the existing Health Building and
incorporate it into the design of the new government center. She specified that the departmental
layout will enable the public to locate departments off the main lobbies with ease. She pointed out
that public restrooms will be located in each lobby. There will also be extra bathroom facilities in
some departments. She commented on the location of departments and how their adjacency
locations will facilitate work flow. She noted the large conference rooms are accessible to the lobby
for sharing and have the ability to accommodate overflow from the Commission Chambers. Spaces
are being designed to be flexible in order to allow for technology and personnel changes and growth.
They have also provided space for consolidation of storage.
Chairman Ginn looked for assurances that the buildings will be large enough to
accommodate the present and future in terms of total square footage because we seem to be
growing faster than anyone can imagine.
Ital Veron, a retired architect and member of the Space Needs Committee, stated
that he found the new plan to be consistent with the Committee's recommendations. He took his
hat off to the architect who has been able to meet the intent of the Committee. He wanted to see
a building with "restrained dignity"; this design meets that requirement. He also supported the
March 23, 2004 22
relocation of certain departments to 43rd Avenue primarily because of cost savings. He urged the
Board's approval and encouraged them to move forward quickly as possible.
Frank Coffey, another Space Needs Committee member, advised that he had
reviewed the new drawings, supported the concept, and believed they should move forward. He
was hopeful they would have an opportunity to see the site plan for the 43rd Avenue facility. He
recommended they approve this phase and move forward as quickly as possible.
Chairman Ginn again specified that the building on 43rd Avenue needed to be
substantial and able to withstand severe weather conditions.
Acting County Administrator Baird advised that there is a set aside of $27 million for
the building. He will come back with more information when there is an estimate on the
construction costs.
ON MOTION by Commissioner Lowther, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved moving on to the design development phase.
Mr. Blum asked for a motion to proceed with negotiations to add the design for the
43rd Avenue site.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Lowther, the Board unanimously approved
proceeding with negotiations to add the design of the 43rd
Avenue site.
March 23, 2004 23
11.H. COMPETITIVE DIVING PROPOSAL - NORTH COUNTY
AOUATIC CENTER USE AGREEMENT - RFO - GREGG
SERVAITES DBA TREASURE COAST DIVE TEAM
Recreation Director Cliff Crawford reviewed his memorandum of March 2, 2004.
MOTION WAS MADE by Commissioner Macht,
SECONDED by Vice Chairman Neuberger, to approve
staffs recommendation.
Under discussion, Commissioner Adams asked that a resume be obtained for the
record and that a background check be made for Mr. Servaites. She also asked for clarification on
the contractor (Gregg Servaites dba Treasure Coast Dive Team) and wanted assurance there is a
30 -day severance clause in the contract (see Page 79 in the backup). (CLERK'S NOTE: Mr.
Servaites' resume has been placed on file with the backup in the Office of the Clerk to the Board.)
A brief discussion ensued concerning accountability and validity of the program
about which Director Crawford gave assurances.
The Chairman CALLED THE QUESTION and the motion
carried unanimously. (The Board approved the competitive
diving contract with Gregg Servaites, d/b/a Treasure Coast
Dive Team and authorized the County Administrator, or his
designee, to execute the contract, as recommended in the
memorandum of March 2, 2004.)
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
March 23, 2004 24
1LL1. CR 512 CORRIDOR IMPROVEMENTS - MASTELLER &
MOLER, INC. - PROFESSIONAL ENGINEERING SERVICES
AGREEMENT - ADDENDUM NO. 7 - PROJECT NO. 9611
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously approved
Addendum No. 7 to the Professional Services Agreement
for CR 512 with Masteller & Moler, Inc. and directed the
Chairman to execute the Addendum, as recommended in the
memorandum of March 11, 2004. (Alternative No. 1)
ADDENDUM IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.2. EAST INDIAN RIVER COUNTY MASTER STORMWATER
MANAGEMENT PLANT - CONSTRUCTION TILTING WEIR
GATES AT THE MAIN RELIEF CANAL, NORTH RELIEF
CANAL, SOUTH RELIEF CANAL, AND THE LATERAL `C'
CANAL IN THE INDIAN RIVER FARMS WATER CONTROL
DISTRICT - MET -CON, INC.- RELEASE OF FUNDS FOR
CHANGE ORDER NO. 1
ON MOTION by Commissioner Adams, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved the release of funds pertinent to Change Order
March 23, 2004 25
No. 1 and after all the work for same has been completed
and approved, the money will be released to Indian River
Farms Water Control District for disbursement to Met -Con,
Inc., as recommended by staff in the memorandum dated
March 15, 2004.
COPIES OF TRANSMITTAL LETTER AND CHANGE ORDER i ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.L3. BID NO. 6028 - 4TH STREET WIDENING CONSTRUCTION
FROM US#1 TO WEST OF OLD DIXIE HIGHWAY -
TIMOTHY ROSE CONTRACTING, INC.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously awarded
Bid No. 6028 to Timothy Rose Conracting, Inc. in the
amount of $1,120,673.00, as the lowest, most responsive
responsible bidder meeting specifications, as recommended
in the memorandum dated March 10, 2004.
BID DOCUMENTS WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN RECEIVED
12.A. RESOLUTION NO. 2004-033 - EXCHANGE OF PROPERTY
WITH DODGERTOWN VENTURES LLLP - FIRST
March 23, 2004 26
AMENDMENT TO FACILITY LEASE AGREEMENT - LOS
ANGELES DODGERS, INC. - HOLMAN STADIUM EVENT
PARKING
PROOF OF PUBLICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
County Attorney Collins reviewed his memorandum of March 17, 2004, and
portions of the contract. He specified that the terms and conditions of the contract have been
published in the newspaper as required by Florida Statutes. The County will be requiring a letter
from the City of Vero Beach to guarantee the parking is sufficient and that the layouts will not
impact any of the trees.
ON MOTION by Commissioner Macht, SECONDED by
Vice Chairman Neuberger, the Board unanimously adopted
Resolution No. 2004-033 approving an exchange of
property with Dodgertown Ventures LLLP, and authorized
the Chairman to execute all necessary instruments to
effectuate the closing and addition of the property to the
Facility Lease Agreement at such time as the County
Surveyor is satisfied with the legal descriptions involved in
the transaction and the Acting County Administrator, the
County Attorney and outside counsel, and title insurer are
satisfied that all requirements to close have been satisfied.
13.A.1. CHAIRMAN CAROLINE D. GINN - PROBLEMS OCCURRING
BECAUSE OF FILL - THREE PROPERTIES: 1) BUSH AT 1935
MOORINGLINE DRIVE, 2) GAUDIOSI AT 520 REEF ROAD
March 23, 2004 27
(OCEANSIDE DEVELOPMENT); 3) PEGGY HARBIN AT 8645
24TH STREET (PARADISE PARK)
Chairman Ginn reviewed her memorandum of March 17, 2004 and displayed photos
regarding fill on neighboring properties at the three locations listed above. Owners of these
properties have contacted her with worries that water and sand will drain down to their properties.
She inquired about the law or laws governing fill on properties.
Community Development Director Bob Keating and Public Works Director James
Davis responded to specific questions for each location and explained what is required for each
home such as a grading plan, a lot drainage plan, roof drainage and collection of rain in gutters and
downspouts, septic tank requirements, and including anything required under the Florida Building
Code as adopted by Indian River County. Director Keating also cautioned that making changes
would impact the County's flood insurance rating. There are other regulations that must be met
with regard to building near the Coastal Construction Control Line (CCCL).
Linda Sposato, 540 Reef Road, understood the need to comply with the law but she
thought changes could be made for a house being built in an existing development that affect safety
and appearance. She believed that rules and elevations are good for new developments, but
neighbors must be taken into consideration in established neighborhoods. She does not fault the
owners who are following the guidelines, but she believes the County should have leeway in
judgment. She was also concerned about pools placed in a flood zone. She wanted to be a good
neighbor but there are certain issues with the new home near her that will impact her and other
neighbors.
Jim Dodds, 2135 S. Porpoise Point, believed he was not given proper notice about
the construction next door to him. He was shown plans by the architect that indicated the fill would
only be a few feet above his yard's level but today the stakes were already above the 6' height.
The Commissioners questioned staff as to what the Board could do to help
neighbors who are being impacted by the fill on neighboring lots.
March 23, 2004 28
County Attorney Collins, Directors Keating and Davis, and Building Division
Director Wayne Russ explained regulations and legalities regarding these three properties. It was
noted that the County could only affect a 6 -inch change at this time whereby flood insurance for the
entire county would not be negatively impacted. Other solutions might require increased setbacks.
Older neighborhoods, such as Vero Lake Estates, are prime examples for exceptional sewer and
drainage concerns.
Virginia Daniels, 2190 Captain's Walk, expressed her concerns and thought the
owners should be required to build on a lower plane.
members.
Discussion ensued with several suggestions from the Commissioners and staff
Staff was directed to bring the Board all information concerning this matter so they
could be aware of options that might be available to lessen the impact of new houses in established
subdivisions. They nicknamed this "Elevation 101 Class".
13.A.2. CHAIRMAN CAROLINE D. GINN - RESIGNATION OF AND
SEVERANCE FOR COUNTY ADMINISTRATOR JAMES E.
CHANDLER - ELEVATION OF ASSISTANT COUNTY
ADMINISTRATOR JOSEPH A. BAIRD TO COUNTY
ADMINISTRATOR
Chairman Ginn reviewed her memorandum of March 22, 2004 and the letter
received from Administrator Chandler concerning his decision to retire effective April 16, 2004.
She requested a motion.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Lowther, the Board unanimously agreed to
March 23, 2004 29
accept Administrator Chandler's resignation with deep
regret and best wishes on his retirement effective April 16,
2004.
Next, Chairman Ginn requested a motion to elevate Acting County Administrator
Baird to County Administrator. She commented that he has been doing triple duty (also heading up
the Human Resources Department) since Administrator Chandler became ill.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously elevated
Acting County Administrator Baird to County
Administrator effective immediately.
The Commissioners then directed Administrator Baird to proceed expeditiously to
hire a Human Resources Director and an Assistant County Administrator.
County Administrator Baird introduced his wife, Emma, sitting in the Chambers.
Chairman Ginn then recommended they give Administrator Chandler a 90 -days
severance package because of his 15 -year tenure with the County.
MOTION WAS MADE by Commissioner Macht,
SECONDED by Commissioner Lowther to award a 90 -day
severance package to Administrator Chandler.
Under discussion, Commissioner Adams understood there was no provision for
severance in Administrator Chandler's contract but felt that for all his years of dedication the Board
should give Administrator Chandler 6 -months severance (as was given to a former County Attorney
who was here only two years).
March 23, 2004 30
The MOVER and SECOND agreed and the MOTION
WAS AMENDED to award Administrator Chandler a
6 -month severance package.
The Chairman CALLED THE QUESTION and the
amended motion carried unanimously. (The Board awarded
Administrator Chandler a 6 -month severance package.)
13.B. VICE CHAIRMAN ARTHUR R. NEUBERGER - KEEP INDIAN
RIVER BEAUTIFUL (KIRB) LEASE CONTINUANCE AFTER
PURCHASE OF PROPERTY FROM THE CITY OF VERO
BEACH (OTHER TENANTS: WASTE MANAGEMENT, INC.,
ASPLUNDH CONSTRUCTION CORP., ASSOCIATION FOR
RETARDED CITIZENS OF INDIAN RIVER COUNTY (ARC),
HOGAN & SONS, INC., MAIN STREET VERO BEACH, AND
TREASURE COAST FOOD BANK
Vice Chairman Neuberger explained that KIRB is one of the tenants in the building
on property the County will acquire from the City of Vero Beach to build the new County
Administration Complex. He continued that all leases have been terminated by the City and KIRB
is asking for an additional up -to -6 months because they have been unable to secure new quarters in
order to move their office.
Cheryl Cummins, program coordinator for KIRB, explained they had received
notice in November that their lease would terminate as of March 31St and they have been trying to
find space without success. After a meeting with General Services Director Tom Frame a month
March 23, 2004 31
ago they thought they might be able to have additional time. She asked if they could stay another
2 to 7 months under the County's ownership.
MOTION WAS MADE by Vice Chairman Neuberger,
SECONDED by Commissioner Adams, to allow KIRB
additional time to occupy their present quarters when the
County takes possession of the building.
Under discussion, County Attorney Collins advised of the various tenants (including
the other non-profit groups using the property) and his main concern was the closing scheduled for
on or about April 1St. He did not want the County to close on the property until the problems
(identified in an environmental audit) are corrected under the terms of the lease with the City. He
did not want the County to take over any liability. He was unsure whether the City would agree to
extend the closing and when buildings would have to be razed. (Clerk's Note: A copy of County
Attorney Collins' letter to City Attorney Charles Vitunac concerning this matter is on file with the
backup in the Office of the Clerk to the Board along with copies of the letters the City sent to the
tenants terminating their leases.)
General Services Director Tom Frame advised that both Waste Management and
Asplundh had also requested extensions. Waste Management wanted an extension to about May
151'' because their new building is not completed. It could be ready by the end of April. Based on
that he met with County Attorney Collins and may have suggested a deferred closing. Asplundh had
asked for a month-to-month and, because of their usage of the property and environmental
concerns, he had advised them he could not extend their lease. He stated that allowing KIRB to
remain another 6 months should not interfere with the County's plans for the property.
County Administrator Baird suggested they wait to see if the City will agree to
postpone the closing for two months and get the other tenants out, particularly those with
environmental concerns. We could allow KIRB and non -profits without environmental or other
March 23, 2004 32
problems to stay on for 6 months. We would probably have to draft a lease for the non-profit
organizations.
The Chairman CALLED THE QUESTION and the motion
carried unanimously. (Extend lease 6 months for KIRB.)
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 1:32 p.m.
ATTEST:
March 23, 2004 33
Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman
Minutes Approved:
BCC/PMR/MINUTES
March 23, 2004 34