HomeMy WebLinkAbout03/07/2006 (3)
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MARCH 7, 2006
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE...................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS ............................................................................................................ 2
5.A.PROCLAMATIONS AND PRESENTATIONS ....................................... 2
A.PPHMC
RESENTATION OF ROCLAMATION ONORING THE OORINGS LUB
(#6
APPRECIATION FOR EMERGENCY SHELTER FOR STATION FOLLOWING
) ..........................................................................2
HURRICANES FRANCES AND JEANNE
B.PME,I
RESENTATION BY ARGUERITA NGEL NTERGOVERNMENTAL
C,S.JRWMD .........................3
OORDINATOR T OHNS IVER ATER ANAGEMENT ISTRICT
6.APPROVAL OF MINUTES ........................................................................ 3
.RMJ24,2006 ................................................................3
AEGULAR EETING OF ANUARY
B.RMF7,2006 ................................................................4
EGULAR EETING OF EBRUARY
C.RMF14,2006 ..............................................................4
EGULAR EETING OF EBRUARY
7.CONSENT AGENDA ................................................................................... 5
March 7, 2006
1
7.A.AW ...........................................................................................5
PPROVAL OF ARRANTS
7.B.AW ...........................................................................................5
PPROVAL OF ARRANTS
7.C.PA–TRR&TC
ROPERTY CQUISITION AX OLL EMOVAL AX ANCELLATION
(RN.2006-022/030)_ ..........................................................................5
ESOLUTION OS
7.D.AACLA
PPOINTMENT OF LTERNATE ON THE ONSERVATION ANDS DVISORY
C(CLAC)–(FWATG
OMMITTEE RANK EGEL AS LTERNATE BY IM LOVER OF
FS.SR) ...........................................................................8
RIENDS OF T EBASTIAN IVER
7.E.2006EBZA(BZA)C
LECTION OF OARD OF ONING DJUSTMENTS HAIRMAN AND
VC(CMWC) ............................8
ICE HAIRMAN HRISTOPHER ARINE AND AYNE OMENT
7.F.2006EAACC
LECTION OF GRICULTURE DVISORY OMMITTEE HAIRMAN AND
VC(RA,J.MS) ...................................9
ICE HAIRMAN OBERT DAIR R AND ARK ANCHEZ
7.G.2006EMANWA
LECTION OF ARINE DVSIORY ARROWS ATERSHED CTION
C(MANWAC)CVC(BM
OMMITTEE HAIRMAN AND ICE HAIRMAN ILL OODY AND
JJ) ..........................................................................................................9
OHN ACKSON
7.H.ATDL
PPOINTMENTS TO THE RANSPORTATION ISADVANTAGED OCAL
CB(DCF
OORDINATING OARD EPARTMENT OF HILDREN AND AMILIES
PCRD;D
APPOINTMENT OF EARLIE LARK REPLACING ON ELEVAN EPARTMENT
EAGO’CB
OF LDER FFAIRS APPOINTMENT OF INNA ONNOR REPLACING ONNIE
R) ....................................................................................................................9
OBERTS
7.I.RMPOC
ESIGNATION FROM THE ETROPOLITAN LANNING RGANIZATION ITIZENS
AC(MPOCAC)(HM) ......................................9
DVISORY OMMITTEE ERBERT UNSART
7.J.AACLA
PPOINTMENT OF LTERNATE ON THE ONSERVATION ANDS DVISORY
C(CLAC)(SO’CJR) .................................. 10
OMMITTEE HEILA ONNELL BY ORGE EY
7.K.AWSMP
PPOINTMENT OF ILLIAM CHAUMAN TO THE ETROPOLITAN LANNING
OTAC(MPOTAC)(T
RGANIZATION ECHNICAL DVISORY OMMITTEE BY OWN OF
IRSHC) ..................................................... 10
NDIAN IVER HORES REPLACING UGH OX
7.L.WDBTCD
ORKFORCE EVELOPMENT OARD OF THE REASURE OAST ECLARATION
A(CN’C
OF UTHORITY HAIRMAN EUBERGERS DESIGNATION OF OUNTY
AJA.BA) ............................ 10
DMINISTRATOR OSEPH AIRD TO ACT AS HIS LTERNATE
7.M.RTDC(TDC)(R
ESIGNATION FROM THE OURIST EVELOPMENT OUNCIL ICH
NO/OTAM) ........ 11
ALBANDIAN AS WNERPERATOR OURIST CCOMMODATION EMBER
March 7, 2006
2
7.N.A2006BAC
MENDMENT TO THE LANKET UTHORIZATION FOR OMMISSIONERS TO
TOC(--
RAVEL UT OF OUNTY TO COVER BOTH OUTOFCOUNTY COMMITTEE
T) .......................................................... 11
ASSIGMENTS AND TRAVEL TO ALLAHASSEE
7.O.AMANWA
PPOINTMENT TO THE ARINE DVISORY ARROWS ATERSHED CTION
C(MANWAC) ....................................................................................... 12
OMMITTEE
7.P.RAIRCBC
ETIREMENT WARD FROM NDIAN IVER OUNTY OARD OF OUNTY
CPJ.MFYS
OMMISSIONERS TO EGGY EADOWS FOR IFTEEN EARS OF ERVICE
(U) .............................................................................................................. 12
TILITIES
7.Q.FCALDP
INAL LOSURE OF BANDONED ANDFILLS ECLARATION TO THE UBLIC
(FDEP–M
LORIDA EPARTMENT OF NVIRONMENTAL ROTECTION ONITORING
PIS-LO,W
LAN MPLEMENTATION CHEDULE ANDFILL SITES INCLUDE SLO INTER
B,WR) ......................................................................... 13
EACH ABASSO AND OSELAND
7.R.WFBAWQ
AIVER OF ORMAL IDDING AND THE CCEPTANCE OF RITTEN UOTES TO
ORPCPEA
BTAIN A EPLACEMENT ATIO OVER OVER THE OOL QUIPMENT REA AT
GACRD ................. 13
THE IFFORD QUATIC ENTER FOR THE ECREATION EPARTMENT
7.S.43ASC–CO#1(CC) ........ 14
RD
VE UB OMPLEX HANGE RDER HILBERG ONSTRUCTION
7.T.GAAHUDP#FL29B409002
RANT GREEMENT MENDMENT WITH FOR ROJECT
(SD)R-PAG ............. 14
OFTWARE ATABASE EAPPROVING REVIOUSLY PPROVED RANT
7.U.WTL.L.C.’RFPA
OODSIDE RILLIUM S EQUEST FOR INAL LAT PPROVAL FOR A
SKBT–PB .................. 15
UBDIVISION TO BE NOWN AS ROOKFIELD AT RILLIUM HASE
7.V.MBA009 .......................................................... 15
ISCELLANEOUS UDGET MENDMENT
8.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - ROY RAYMOND – INDIAN RIVER COUNTY
SHERIFF – SUPPORT FOR TREASURE COAST PUBLIC
SAFETY/HOMELAND SECURITY TRAINING COMPLEX ............ 16
9.A.1.PUBLIC HEARING - CENTRAL ASSEMBLY OF GOD INC.’S
REQUEST TO REZONE 10.42 ACRES FROM A-1 TO RM-6
....................................................................................... 17
(QUASI-JUDICIAL)
March 7, 2006
3
9.A.2.PUBLIC HEARING – PAVING AND DRAINAGE
NDTH
IMPROVEMENTS TO 32 AVENUE SW, FROM 15 STREET
TH
SW TO 13 PLACE SW, AND INCLUDING THE
THTH
INTERSECTING STREETS (14 STREET SW AND 13
PLACE SW) IN GROVENOR ESTATES SUBDIVISION
.................................................................................. 18
(ADMINISTRATIVE)
9.A.3.PUBLIC HEARING TO AMEND INDIAN RIVER COUNTY
CODE CHAPTER 955 MOVING OF STRUCTURES TO IMPOSE
A BONDING REQUIREMENT AND TO UPDATE
REFERENCES TO TECHNICAL CODES ( ............. 20
LEGISLATIVE)
9.B.1.PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM
JOSEPH PALADIN REGARDING THE MONTHLY PAYMENT
ON UTILITY DEPT.’S WATER CONSUMPTION FEE AND
IMPACT FEE ON UTILITIES ................................................................. 20
9.C.PUBLIC NOTICE ITEMS – NONE ......................................................... 22
10.A.COUNTY ADMINISTRATOR’S MATTERS - PUBLICATION OF
COMMISSION AGENDA ......................................................................... 23
10.B.COUNTY ADMINISTRATOR’S MATTERS – LOBBYIST ............... 24
11.A.COMMUNITY DEVELOPMENT - NONE ............................................ 26
11.B.EMERGENCY SERVICES - NONE ........................................................ 26
11.C.GENERAL SERVICES - NONE ............................................................... 26
March 7, 2006
4
11.D.HUMAN RESOURCES - NONE .............................................................. 26
11.E.HUMAN SERVICES - NONE ................................................................... 26
11.F.LEISURE SERVICES - NONE ................................................................. 26
11.G.OFFICE OF MANAGEMENT AND BUDGET - NONE ...................... 26
11.H.RECREATION - NONE ............................................................................. 26
TH
11.I.PUBLIC WORKS - RIGHT-OF-WAY ACQUISITION, 13
RDTH
STREET SW BETWEEN 43 AVENUE AND 58 AVENUE,
HANNE HALLAND PARCEL ................................................................. 26
11.J.1.UTILITIES SERVICES - VERO STOW-A-WAY MINI
STORAGE, 5350 OLD DIXIE HIGHWAY, WATER MAIN OVER
SIZING REIMBURSEMENT ................................................................... 27
11.J.2.UTILITIES SERVICES - WEST SIDE VILLAS PETITION
WATER SERVICE, INDIAN RIVER COUNTY PROJECT NO.
UCP-2393, RESOLUTION IV – FINAL ASSESSMENT ...................... 27
11.J.3.UTILITIES SERVICES – SPILLWAY MAT AND DISCHARGE
OUTLET, NORTH COUNTY R/O BRINE PROJECT PHASE II,
APPROVAL OF CHANGE ORDER NO. 1, AUTHORIZATION
OF FINAL PAYMENT, RELEASE OF RETAINAGE, AND
PROJECT CLOSEOUT – IRC UTILITIES PROJECT NO. 2208
(TIM ROSE CONTRACTING, INC.) ...................................................... 28
March 7, 2006
5
11.J.4.UTILITIES SERVICES – CHANGE ORDER NOS. 1, 2, AND 3 TO
DEVELOPER’S AGREEMENT WITH IRC SCHOOL DISTRICT
TO EXTEND MASTER PLANNED WATER MAIN TO NEW
LIBERTY MAGNET SCHOOL SITE (PROCTOR
CONSTRUCTION COMPANY/DANELLA CONSTRUCTION
CORP.) .......................................................................................................... 28
11.J.5.UTILITIES SERVICES – LAKEWOOD TERRACE
TH
SUBDIVISION WATER SERVICE – WEST SIDE OF 27 AVE.,
NORTH OF THE ST. LUCIE CO. LINE, INDIAN RIVER
COUNTY PROJECT NO. UCP-2317, PRELIMINARY
ASSESSMENT RESOLUTION II, REVISED PUBLIC HEARING
DATE ............................................................................................................ 29
12.A.COUNTY ATTORNEY - APPEAL FROM DENIAL OF
REQUEST FOR NEW IMPACT FEE INCREASE EXEMPTION –
NORTH-SOUTH BUILDERS, INC. ........................................................ 30
12.B.COUNTY ATTORNEY – APPEAL FROM DENIAL OF
REQUEST FOR NEW IMPACT FEE INCREASE EXEMPTION –
JM REID CONSTRUCTION, INC........................................................... 31
13.A.1.COMMISSIONER ARTHUR R. NEUBERGER, CHAIRMAN –
REQUEST FOR A RESOLUTION SUPPORTING THE
PROPOSED “PERMANENT PROTECTION FOR FLORIDA
ACT OF 2006” ............................................................................................. 33
13.A.2.COMMISSIONER ARTHUR R. NEUBERGER, CHAIRMAN –
REQUEST FOR ADDITIONAL MEMBER-AT-LARGE ON THE
LAND ACQUISITION ADVISORY COMMITTEE (LAAC) ............. 34
March 7, 2006
6
13.A.3.COMMISSIONER ARTHUR R. NEUBERGER, CHAIRMAN –
ANNUAL CONTRACT FOR WILLIAM G. COLLINS, II,
COUNTY ATTORNEY .............................................................................. 34
13.B.VICE CHAIRMAN GARY C. WHEELER - NONE.............................. 35
13.C.COMMISSIONER SANDRA L. BOWDEN - COMMITTEES ............ 36
13.D.COMMISSIONER WESLEY S. DAVIS - NONE .................................. 36
13.E.COMMISSIONER THOMAS S. LOWTHER - CODE
ENFORCEMENT BOARD (CEB) ........................................................... 36
14.A.EMERGENCY SERVICES DISTRICT .................................................. 38
1.15,2005 ..................................... 38
APPROVAL OF MINUTES MEETING OF NOVEMBER
2.6,2005 ....................................... 38
APPROVAL OF MINUTES MEETING OF DECEMBER
3.(2)
CONSTRUCTION SERVICES CONTARCT PART AGREEMENT WITH BARTH
/
CONSTRUCTION FOR THE RENOVATIONREPAIR OF EMERGENCY SERVICES
.3 ........................................................................................................... 38
STATION NO
14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 39
1.14,2006 ...................................... 39
APPROVAL OF MINUTES MEETING OF FEBRUARY
2.
NOTIFICATION TO SWDD BROARD OF FINAL CLOSURE OF ABANDONED
................................................................................................................ 39
LANDFILLS
14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 39
March 7, 2006
7
March 7, 2006
MEETING OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY
The Board of County Commissioners of Indian River County, Florida, met in
th
Regular Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on
Tuesday, March 7, 2006, at 9:00 a.m. Present were Chairman Arthur R. Neuberger, Vice
Chairman Gary C. Wheeler, Commissioners Sandra L. Bowden, Wesley S. Davis, and Thomas S.
Lowther. Also present were Administrator Joseph A. Baird, County Attorney William G. Collins
II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Patricia Ridgely.
1. CALL TO ORDER
Chairman Neuberger called the meeting to order.
2. INVOCATION
Commissioner Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Administrator Baird led the Pledge of Allegiance to the Flag.
March 7, 2006
1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
The Chairman announced the following changes to the agenda:
Item 7.L. Corrected memorandum;
Item 9.B.1. Additional backup;
Item 10.A. Additional backup; and
Item 13.A.3. Additional backup.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
above changes.
5.A. PROCLAMATIONS AND PRESENTATIONS
A. PPHM
RESENTATION OF ROCLAMATION ONORING THE OORINGS
C(#6
LUB APPRECIATION FOR EMERGENCY SHELTER FOR STATION
)
FOLLOWING HURRICANES FRANCES AND JEANNE
Chairman Neuberger read the proclamation.
Craig Jones
, General Manager of the Moorings Club was pleased the Club was able
to provide space to accommodate Fire Station #6’s temporary trailer and crew. He spoke of the
Moorings Club’s building losses as a result of the hurricanes of 2004. (Frances & Jeanne)
Emergency Services Director John King advised of the true need to be able to
continue to provide timely emergency services to the South Beach area. A lot of the Moorings
Club’s parking space was used and staff tried to return it to the Club in as good or better condition.
March 7, 2006
2
B. PME,I
RESENTATION BY ARGUERITA NGEL NTERGOVERNMENTAL
C,S.JRWMD
OORDINATOR T OHNS IVER ATER ANAGEMENT ISTRICT
Marguerita Engle
used a PowerPoint presentation to inform the Board and raise
awareness of the irrigation regulations that St. John’s River Water Management District
(SJRWMD) has set down effective March 1, 2006. These regulations are available on their
website www.sjrwmd.com. She reviewed the highlights and exceptions to the regulations, and
presented information concerning the standard general permit, other conservation opportunities,
and Waterwise landscape. She also advised that local governments have the option to adopt an
ordinance for their jurisdiction and the local officials would then handle the enforcement of its
jurisdiction. If the Board wished to adopt such an ordinance it should be submitted to SJRWMD
thirty (30) days prior to adoption. The District has a model ordinance to provide if they want to
review it. The desire is to focus on education and enforcement in order to protect our valuable
ground water.
Questions and discussion ensued during which some Commissioners indicated their
reasons for opposing the adoption of an ordinance for Indian River County.
6. APPROVAL OF MINUTES
. RMJ24,2006
AEGULAR EETING OF ANUARY
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of January 24, 2006. There were none.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
March 7, 2006
3
the Minutes of the Meeting of January 24, 2006, as written
and distributed.
B. RMF7,2006
EGULAR EETING OF EBRUARY
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of February 7, 2006. There were none.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Meeting of February 7, 2006, as written and
distributed.
C. RMF14,2006
EGULAR EETING OF EBRUARY
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of February 14, 2006. There were none.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Meeting of February 14, 2006, as written
and distributed.
March 7, 2006
4
7. CONSENT AGENDA
Vice Chairman Wheeler requested that Item 7.V. be separated from the Consent
Agenda. Chairman Neuberger requested that Item 7.N. be separated from the Consent Agenda.
7.A. AW
PPROVAL OF ARRANTS
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for the
period of February 10-16, 2006, as requested.
7.B. AW
PPROVAL OF ARRANTS
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for the
period of February 17-23, 2006, as requested.
7.C. PA–TRR&T
ROPERTY CQUISITION AX OLL EMOVAL AX
C(RN.2006-022/030)_
ANCELLATION ESOLUTION OS
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously adopted
Resolution No. 2006-022 canceling taxes upon publicly
March 7, 2006
5
owned lands, pursuant to Section 196.28, Florida Statutes.
(Utilities WWTP Land – Idelette, Tax ID
#32-39-22-00000-1000-00036.0)
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously adopted
Resolution No. 2006-023 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(Utilities WWTP Land – Lyles, Tax ID
#32-39-22-00000-1000-00014.0)
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously adopted
Resolution No. 2006-024 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(Utilities WWTP Land – Idelette, Tax ID
#32-39-22-00000-1000-00023.0)
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously adopted
Resolution No. 2006-025 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(Utilities WWTP Land – Watkins, Tax ID
#32-39-22-00000-1000-00011.0)
March 7, 2006
6
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously adopted
Resolution No. 2006-026 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(Utilities WWTP Land – Watkins/Taylor, Tax ID
#32-39-22-00000-1000-00012.0)
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously adopted
Resolution No. 2006-027 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
rd
(R/W – Continuation of 43 Avenue, DiVosta \[Waterway
Village\], Tax ID #s 32-39-21-00001-0010-00001.0,
32-39-22-00000-3000-00001.0, and
32-39-15-00000-5000-00004.0)
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously adopted
Resolution No. 2006-028 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
th
(R/W Oslo Road \[8 Street SW\] HMM, Inc. Tax ID
#33-39-21-00001-0140-00001.0)
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously adopted
Resolution No. 2006-029 canceling taxes upon publicly
March 7, 2006
7
owned lands, pursuant to Section 196.28, Florida Statutes.
th
(R/W – 45 Street \[N. Gifford Rd.\] Malone, Schlitt &
Peters, Tax ID #32-30-23-00000-5000-0015.0)
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously adopted
Resolution No. 2006-030 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
rd
(R/W – 73 Street, Corson, Tax ID
#32-39-06-00001-0080-00002.2)
7.D. AACL
PPOINTMENT OF LTERNATE ON THE ONSERVATION ANDS
AC(CLAC)–(FWA
DVISORY OMMITTEE RANK EGEL AS LTERNATE
TGFS.SR)
BY IM LOVER OF RIENDS OF T EBASTIAN IVER
Appointment of Alternate noted for the record.
7.E. 2006EBZA(BZA)
LECTION OF OARD OF ONING DJUSTMENTS
CVC(CM
HAIRMAN AND ICE HAIRMAN HRISTOPHER ARINE AND
WC)
AYNE OMENT
Election noted for the record.
March 7, 2006
8
7.F. 2006EAAC
LECTION OF GRICULTURE DVISORY OMMITTEE
CVC(RA,J.M
HAIRMAN AND ICE HAIRMAN OBERT DAIR R AND ARK
S)
ANCHEZ
Election noted for the record.
7.G. 2006EMANW
LECTION OF ARINE DVSIORY ARROWS ATERSHED
AC(MANWAC)CV
CTION OMMITTEE HAIRMAN AND ICE
C(BMJJ)
HAIRMAN ILL OODY AND OHN ACKSON
Election noted for the record.
7.H. ATDL
PPOINTMENTS TO THE RANSPORTATION ISADVANTAGED OCAL
CB(DC
OORDINATING OARD EPARTMENT OF HILDREN AND
FPCR
AMILIES APPOINTMENT OF EARLIE LARK REPLACING ON
D;DEA
ELEVAN EPARTMENT OF LDER FFAIRS APPOINTMENT OF
GO’CBR)
INNA ONNOR REPLACING ONNIE OBERTS
Appointments noted for the record.
7.I. RMP
ESIGNATION FROM THE ETROPOLITAN LANNING
OCAC(MPOCAC)
RGANIZATION ITIZENS DVISORY OMMITTEE
(HM)
ERBERT UNSART
March 7, 2006
9
Resignation of Herbert Munsart noted for the record.
7.J. AACL
PPOINTMENT OF LTERNATE ON THE ONSERVATION ANDS
AC(CLAC)(SO’CJ
DVISORY OMMITTEE HEILA ONNELL BY ORGE
R)
EY
Appointment of Sheila O’Connell as Alternate noted for the record.
7.K. AWSM
PPOINTMENT OF ILLIAM CHAUMAN TO THE ETROPOLITAN
POTAC
LANNING RGANIZATION ECHNICAL DVISORY OMMITTEE
(MPOTAC)(TIRS
BY OWN OF NDIAN IVER HORES REPLACING
HC)
UGH OX
Appointment noted for the record.
7.L. WDBTC
ORKFORCE EVELOPMENT OARD OF THE REASURE OAST
DA(CN’
ECLARATION OF UTHORITY HAIRMAN EUBERGERS
CAJA.B
DESIGNATION OF OUNTY DMINISTRATOR OSEPH AIRD TO
A)
ACT AS HIS LTERNATE
Designee noted for the record.
March 7, 2006
10
7.M. RTDC(TDC)
ESIGNATION FROM THE OURIST EVELOPMENT OUNCIL
(RNO/OT
ICH ALBANDIAN AS WNERPERATOR OURIST
AM)
CCOMMODATION EMBER
Resignation noted for the record.
7.N. A2006BA
MENDMENT TO THE LANKET UTHORIZATION FOR
CTOC(
OMMISSIONERS TO RAVEL UT OF OUNTY TO COVER BOTH
--
OUTOFCOUNTY COMMITTEE ASSIGMENTS AND TRAVEL TO
T)
ALLAHASSEE
Chairman Neuberger wanted to get an understanding of the change. Executive Aide
Kimberly Massung explained this would allow a Commissioner to travel to Tallahassee without
having to come to the Board for approval.
Commissioner Bowden asked that the Commissioners be informed by e-mail or
memo by Executive Aide Kimberly Massung. She also specified that the traveling Commissioner
should be representing the Commission, not his/her own agenda, and that the other Commissioners
should be made aware of the purpose of the trip..
Chairman Neuberger clarified that it has to be for County business.
Commissioner Davis favored the motion. He explained that his recent trip to
Tallahassee was at his own expense and was germane to District 1 regarding CR-512.
Vice Chairman Wheeler felt that was County business, not just District 1. He
thought the proposed notification process was simple and that such notification should be made a
matter of public record.
ON MOTION by Commissioner Davis, SECONDED by
Chairman Neuberger, the Board unanimously approved
March 7, 2006
11
amending the January 10, 2006 blanket authorization and
the date of March 7, 2006 be used to cover both
out-of-county committee assignments and travel to
Tallahassee without having to bring a request to the Board,
as recommended in the memorandum of February 28, 2006.
(Executive Aide Kimberly Massung is to notify Board
members via a memo when Board member is going to
Tallahassee and the purpose of the trip.)
7.O. AMANW
PPOINTMENT TO THE ARINE DVISORY ARROWS ATERSHED
AC(MANWAC)
CTION OMMITTEE
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously appointed
Joel B. Day from the Environmental Learning Center to
serve as representative of a Local Environmental
Organization vacated by the passing of George Bunnell, as
recommended by Commissioner Lowther in the
memorandum of March 1, 2006.
7.P. RAIRCB
ETIREMENT WARD FROM NDIAN IVER OUNTY OARD OF
CCPJ.MF
OUNTY OMMISSIONERS TO EGGY EADOWS FOR IFTEEN
YS(U)
EARS OF ERVICE TILITIES
Award and Proclamation noted for the record.
March 7, 2006
12
7.Q. FCALD
INAL LOSURE OF BANDONED ANDFILLS ECLARATION TO THE
P(FDEP
UBLIC LORIDA EPARTMENT OF NVIRONMENTAL ROTECTION
–MPIS-L
ONITORING LAN MPLEMENTATION CHEDULE ANDFILL
O,WB,WR)
SITES INCLUDE SLO INTER EACH ABASSO AND OSELAND
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
declarations requested by FDEP for final closure of the four
abandoned landfills and authorized the Chairman to
execute them; and authorized the Solid Waste Disposal
District to abandon the groundwater monitoring wells in
accordance with FDEP instructions, as recommended in the
memorandum of February 7, 2006.
RECORDED DECLARATIONS TO THE PUBLIC (4) ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.R. WFBAW
AIVER OF ORMAL IDDING AND THE CCEPTANCE OF RITTEN
QORPC
UOTES TO BTAIN A EPLACEMENT ATIO OVER OVER THE
PEAGAC
OOL QUIPMENT REA AT THE IFFORD QUATIC ENTER FOR
RD
THE ECREATION EPARTMENT
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
waiving the standard sealed bid procedure and authorized
the purchase of a replacement equipment cover from
March 7, 2006
13
Treasure Coast Aluminum, Sebastian, FL. For the quoted
price of $27,030.00 as the lowest priced quoted of the two
written quotes obtained, as recommended in the
memorandum of February 15, 2006.
7.S. 43ASC–CO#1(C
RD
VE UB OMPLEX HANGE RDER HILBERG
C)
ONSTRUCTION
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Change Order #1 ($66,981.38) with two additional days of
contract time and authorized the County Administrator to
execute the approved Change Order with funding from the
project contingency, as recommended in the memorandum
of March 1, 2006.
CHANGE ORDER #1 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.T. GAAHUDP
RANT GREEMENT MENDMENT WITH FOR ROJECT
#FL29B409002(SD)R-
OFTWARE ATABASE EAPPROVING
PAG
REVIOUSLY PPROVED RANT
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis the Board unanimously approved the
new agreement with HUD replacing the previously
March 7, 2006
14
approved agreement again for a one-year period, as
recommended in the memorandum of March 1, 2006.
GRANT AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.U. WTL.L.C.’RFP
OODSIDE RILLIUM S EQUEST FOR INAL LAT
ASKB
PPROVAL FOR A UBDIVISION TO BE NOWN AS ROOKFIELD AT
T–PB
RILLIUM HASE
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis the Board unanimously granted final
plat approval for Brookfield at Trillium Phase B.
GRANT AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.V. MBA009
ISCELLANEOUS UDGET MENDMENT
Vice Chairman Wheeler inquired about item 3 on the budget amendment
memorandum, the card access system in the County Administration Building, and County
Administrator Baird explained the need to fix this system.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Resolution No. 2006-031 amending the fiscal year
2005-2006 budget.
March 7, 2006
15
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - ROY RAYMOND – INDIAN RIVER COUNTY
SHERIFF – SUPPORT FOR TREASURE COAST PUBLIC
SAFETY/HOMELAND SECURITY TRAINING COMPLEX
Sheriff Raymond invited everyone to the Sheriff’s Annual Barbecue tomorrow at
the Sheriff’s Office complex on March 8, 2006..
Sheriff Raymond requested a contribution of $31,300.00 from the Forfeiture
Account toward the Indian River Community College Training Complex Fund.
MOTION WAS MADE by Commissioner Lowther,
SECONDED by Commissioner Davis to approve Sheriff
Raymond’s request.
Sheriff Raymond gave more information how this Training Complex will enhance
the training of law enforcement individuals.
The Chairman CALLED THE QUESTION and the motion
carried unanimously. (The Board approved a contribution
of $31,300.00 from the Sheriff’s Forfeiture Account to the
Indian River Community College Training Complex fund.)
March 7, 2006
16
9.A.1. PUBLIC HEARING - CENTRAL ASSEMBLY OF GOD INC.’S
REQUEST TO REZONE 10.42 ACRES FROM A-1 TO RM-6
(Quasi-Judicial)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating stated the purpose of the
application is to secure the zoning necessary to develop the site for uses that are allowed under
RM-6 and consistent with the M-1 land use designation. He advised of the current surrounding
and existing land uses and advised that the Planning and Zoning Commission and staff recommend
the proposed rezoning.
Vice Chairman Wheeler inquired if the property were developed today at the
maximum allowed whether there would be capacity on that road to approve the development.
Director Keating responded that there is capacity in the system. He also explained
that if all the properties that have recently been rezoned or received development approval came in
for building permits today, there probably would be a problem, but the absorption rate generally
keeps that from happening. The County’s Comprehensive Plan anticipates that there would be a
build-out over time consistent with the absorption rates that we project. If we do good capital
improvements programming, we use the allowances that the State has given us including
proportional share, and as long as we have reasonable growth and absorption rates, there will not
nd
necessarily be problems. He advised that an arterial analysis was done on SR-60 from 82
Avenue to I-95 and that an arterial analysis gives better information based on the specific
characteristics of a roadway.
Chairman Neuberger questioned if this property was going to be developed by the
Church, and Director Keating stated he understood that the Church is going to sell this property.
The Chairman opened the public hearing.
March 7, 2006
17
Jodah Bittle
, Schulke Bittle and Stoddard, engineer for the project, was available
for questions and stated that the plan is to develop this as 6 units per acre. The 10 acres to the west
are under negotiation to assemble a 20-acre site for multi-family “package.”
There were no additional speakers and the Chairman closed the public hearing.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Chairman Neuberger, to approve staff’s
recommendation.
Under discussion, Commissioner Davis supported his motion saying the plan is to
develop the property at a lower density than allowed; it is located inside the urban service area; is
necessary in the community; and the Board will be able to view the site plan.
The Chairman CALLED THE QUESTION and the motion
carried unanimously adopting Ordinance No. 2006-007
amending the zoning ordinance and the accompanying
zoning map for approximately 10.42 acres located north of
thth
16 Street and 930 feet west of 66 Avenue from A-1,
agricultural –1 district (up to 1 unit/5 acres), to RM-6,
multiple-family residential district (up to 6 units/acre); and
providing codification, severability, and effective date.
9.A.2. PUBLIC HEARING – PAVING AND DRAINAGE
NDTH
IMPROVEMENTS TO 32 AVENUE SW, FROM 15 STREET
TH
SW TO 13 PLACE SW, AND INCLUDING THE
March 7, 2006
18
THTH
INTERSECTING STREETS (14 STREET SW AND 13
PLACE SW) IN GROVENOR ESTATES SUBDIVISION
(Administrative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Chris Kafer, County Engineer, advised that 23 of the 29 property owners signed the
petition for paving and drainage in this neighborhood. He advised that only two property owners
attended a public information meeting held and both were in favor of the project. Staff
recommended approval of the project.
The Chairman opened the public hearing.
Robert Haas
, who lives in the area to be paved and who initiated the petition, urged
the Board to approve the project.
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously adopted
Resolution No. 2006-032 confirming the assessment roll
nd
for certain paving and draining improvements to 32
thth
Avenue SW, from 15 Street SW to 13 Place SW
including the intersecting streets in Grovenor Estates
Subdivision. IRC Project No. 03-127
March 7, 2006
19
9.A.3. PUBLIC HEARING TO AMEND INDIAN RIVER COUNTY
CODE CHAPTER 955 MOVING OF STRUCTURES TO
IMPOSE A BONDING REQUIREMENT AND TO UPDATE
REFERENCES TO TECHNICAL CODES (
Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
County Attorney Collins reviewed the memorandum and history of this proposed
amendment to Chapter 955. He noted that the amendment includes updated references to the
drawings for submission to the South Florida Building Code.
The Chairman opened the public hearing. There were no speakers and the Chairman
closed the public hearing.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously adopted
Ordinance No. 2006-008 amending Indian River County
Code Chapter 955, Moving of Structures, to impose a
bonding requirement and to update references to technical
codes; providing for codification; providing for severability
and providing for an effective date.
9.B.1. PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM
JOSEPH PALADIN REGARDING THE MONTHLY PAYMENT
March 7, 2006
20
ON UTILITY DEPT.’S WATER CONSUMPTION FEE AND
IMPACT FEE ON UTILITIES
Joseph Paladin
thought it was grossly unfair that a developer has to pay the
“service bill” on the utility of $26 per month for each unit after the developer vests the (utility)
impact fees in a particular proposed development because it could span over 2 or 3 years before the
units are built. He thought it would be fair to address this and suggested the Commissioners permit
him to sit down with the Utilities Department and figure out when the most opportune time would
be for these fees to start such as when the water meter is installed.
County Administrator Baird totally disagreed with Mr. Paladin. He explained that
when a developer comes to the County to reserve capacity for units to be built in the future, the
Florida Department of Environmental Protection requires the County to reserve that capacity and it
cannot be resold to anyone else even though it is not being used. The County’s utility rate structure
is set up taking into consideration operating costs, fixed costs of the plant related to producing
water, fixed costs for plant operators, a variable cost for volume used, debt reduction costs, and
depreciation on the equipment.He cautioned that if we were to remove the fee, the County would
be subsidizing the developer and current users would have a 7-8% increase in their utility bills. A
plant could be running at 60% capacity with the other 40% held by developers. Fixed costs are
merely being passed on to the developers. He cautioned that the Board would be making a big
mistake if they were to change this rate structure.
When Chairman Neuberger suggested that staff sit down with Mr. Paladin to discuss
this, County Administrator Baird reiterated that if the Board were to decide to subsidize the
developers, there would have to be a rate increase for all other customers.
In response to Vice Chairman Wheeler’s scenario regarding Vero Highlands,
County Administrator Baird explained that when the County expands service to an established
neighborhood, the benefiting homeowners would be assessed. The County does not force
homeowners to hook up when the pipe is first put down. They would pay a monthly fee of $26 per
March 7, 2006
21
month if they want to reserve capacity. When their well goes bad, they would need to hook up; if
the homeowner has not reserved capacity he/she might not be eligible to hook up if capacity is not
available.
Vice Chairman Wheeler understood that if the regulations were to be changed for
the developers, it would be changed for everybody who is not hooked up in the county but has the
opportunity to hook up.
Mr. Paladin continued to support his request and reiterated his desire to discuss this
with Utilities Director Erik Olson.
Vice Chairman Wheeler had no problem with Mr. Paladin and the Growth
Awareness Committee (GAC) meeting with the Utilities Director.
Commissioner Bowden wanted to end the discussion because the Board does not
have the background information. She wanted the matter to go through the proper staffing and
have a recommendation from our County Administrator.
Chairman Neuberger agreed that a decision should not be made at this time, but he
thought perhaps Director Olson might be able to suggest something and saw no harm in a meeting
with the GAC.
County Administrator Baird reported that he had already met with Director Olson
and they were on the same page and it would take a whole new rate structure to make up the
revenue.
Spencer Simmons
, Simmons Homes, thought the monthly charge was to pay for
costs that do not exist. He believed paying the impact fee should hold the capacity.
County Administrator Baird responded to Mr. Simmons comments and the
discussion was concluded.
NO ACTION TAKEN.
9.C. PUBLIC NOTICE ITEMS – NONE
March 7, 2006
22
10.A. COUNTY ADMINISTRATOR’S MATTERS - PUBLICATION
OF COMMISSION AGENDA
County Administrator Baird reported that the most recent annual cost to publish the
Board’s agenda in the Saturday edition of the Press Journal is $40,000 and not as initially stated in
the first memorandum dated February 24, 2006. (Clerk’s Note: Additional backup with updated
information was added showing the new estimated cost. The new memo is dated March 6, 2006.)
Chairman Neuberger was opposed because less than six people have been interested
enough to request an agenda be mailed to them. He saw $40,000 as building a lot of sidewalks in
Gifford and every year this $40,000 will increase. He felt it was a waste of money for a minimal
number of the populace.
MOTION WAS MADE by Commissioner Bowden,
SECONDED by Vice Chairman Wheeler, for discussion, to
approve the advertising of the Board of County
Commissioners’ agenda in the Press Journal for an
approximate expense of $40,000 per year.
Vice Chairman Wheeler spoke in favor of the motion saying he also hated spending
the money but it might spark an interest in attendance at the meetings. . He also thought it was the
Board’s responsibility to make sure the general public knows what is happening before it becomes
fact and they learn about it in the newspaper articles.
Commissioner Bowden wanted the advertisement to be readable and easy to find.
Commissioner Lowther was willing to try it for 6 months and evaluate it after that
time.
March 7, 2006
23
MOTION WAS AMENDED to include that it would be
revisited after 6 months and was agreed to by the maker of
the motion and the second.
Chairman Neuberger spoke against the motion because so few requested that the
agenda be mailed to them after the last time the Board decided not to publish the agenda.
The Chairman CALLED THE QUESTION and the motion
carried 4-1 (Chairman Neuberger opposed.) (The Board
approved publishing the Commission agenda in the Indian
River Vero Beach Press Journal at an approximate annual
cost of $40,000 starting with the March 14, 2006 agenda
and agreed to reconsider the matter after six months.)
10.B. COUNTY ADMINISTRATOR’S MATTERS – LOBBYIST
County Administrator Baird reviewed the memorandum of March 1, 2006 and
explained we are one of the few local governments that does not have either a State or Federal
lobbyist. He believed a lobbyist would be good for the County, it was included in the budget, and
he asked that he be authorized to negotiate at this time.
MOTION WAS MADE by Vice Chairman Wheeler,
SECONDED by Commissioner Bowden, to authorize
negotiations with a lobbyist for an annual contract and for
the Board to receive an annual list of accomplishments on
what has been gained through the use of the lobbyist.
March 7, 2006
24
Under discussion, Commissioner Davis spoke in favor of the motion saying that he
has found the need particularly with departments at the State level. The lobbyist can step up when
the Commissioners need the additional help. He felt that working with staff is just as important as
working with the elected officials in Tallahassee and could also perhaps reduce the number of trips
to Tallahassee.
Chairman Neuberger favored hiring a lobbyist and inquired about issues that County
Administrator Baird had in mind to have a lobbyist address.
County Administrator Baird listed the following: SR-60, the beach renourishment
project, money for our parks, the multipurpose building, new boat ramps, and general issues where
he felt the State should assist such as juvenile justice. He felt a lobbyist could be very helpful and
they can tell us about matters coming up so we can be more pro-active. They would also be helpful
in getting land acquisition matches.
Commissioner Lowther supported the motion.
Commissioner Davis inquired about the FEMA reimbursement, and County
Administrator Baird advised that the reimbursement has been going well, and he was concerned
about the audits because just about every county that has been audited has had to return money.
The Chairman CALLED THE QUESTION and the motion
carried unanimously. The Board approved authorizing
negotiations with a lobbyist firm to represent Indian River
County at the state and national levels.
The Chairman called a recess at 10:29 AM for closed captioning.
The Chairman called the meeting back to order at 10:40 a.m. with all members
present.
March 7, 2006
25
11.A. COMMUNITY DEVELOPMENT - NONE
11.B. EMERGENCY SERVICES - NONE
11.C. GENERAL SERVICES - NONE
11.D. HUMAN RESOURCES - NONE
11.E. HUMAN SERVICES - NONE
11.F. LEISURE SERVICES - NONE
11.G. OFFICE OF MANAGEMENT AND BUDGET - NONE
11.H. RECREATION - NONE
TH
11.I. PUBLIC WORKS - RIGHT-OF-WAY ACQUISITION, 13
RDTH
STREET SW BETWEEN 43 AVENUE AND 58 AVENUE,
HANNE HALLAND PARCEL
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously approved the
$94,444.35 purchase (Alternative 1) and authorized the
March 7, 2006
26
Chairman to execute the Agreement, as recommended in
the memorandum of February 20, 2006.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.1. UTILITIES SERVICES - VERO STOW-A-WAY MINI
STORAGE, 5350 OLD DIXIE HIGHWAY, WATER MAIN
OVER SIZING REIMBURSEMENT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
payment to Vero Stow-A-Way in the total amount of
$6,221.95, as recommended in the memorandum of
February 20, 2006.
11.J.2. UTILITIES SERVICES - WEST SIDE VILLAS PETITION
WATER SERVICE, INDIAN RIVER COUNTY PROJECT NO.
UCP-2393, RESOLUTION IV – FINAL ASSESSMENT
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously adopted
Resolution No. 2006-033 certifying “as-built” costs for
installation of water service to West Side Villas subdivision
thststth
(24 Street, 81 Terrace, 81 Court and 80 Court, east of
March 7, 2006
27
nd
82 Avenue) in Indian River County, Florida, and such
other construction necessitated by such project; providing
for formal completion date, and date for payment without
penalty and interest.
11.J.3. UTILITIES SERVICES – SPILLWAY MAT AND DISCHARGE
OUTLET, NORTH COUNTY R/O BRINE PROJECT PHASE II,
APPROVAL OF CHANGE ORDER NO. 1, AUTHORIZATION
OF FINAL PAYMENT, RELEASE OF RETAINAGE, AND
PROJECT CLOSEOUT – IRC UTILITIES PROJECT NO. 2208
(TIM ROSE CONTRACTING, INC.)
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved
Change Order No. 1 in the amount of a deduct of
$67,961.96, authorized payment to Tim Rose Contracting,
Inc., in the amount of $115,085.00 and authorized the
Chairman to execute same, as presented, as recommended
in the memorandum of February 8, 2006.
CHANGE ORDER NO. 1 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.4. UTILITIES SERVICES – CHANGE ORDER NOS. 1, 2, AND 3
TO DEVELOPER’S AGREEMENT WITH IRC SCHOOL
DISTRICT TO EXTEND MASTER PLANNED WATER MAIN
March 7, 2006
28
TO NEW LIBERTY MAGNET SCHOOL SITE (PROCTOR
CONSTRUCTION COMPANY/DANELLA CONSTRUCTION
CORP.)
ON MOTION by Commissioner Lowther, SECONDED by
Chairman Neuberger, the Board unanimously approved
increasing the County’s share of the project by $93,204.95
to $658,840.95, approved Change Order Nos. 1, 2, and 3 to
the Developer’s Agreement, and authorized the Chairman
to execute same, as presented, as recommended in the
memorandum of February 27, 2006.
CHANGE ORDERS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.5. UTILITIES SERVICES – LAKEWOOD TERRACE
TH
SUBDIVISION WATER SERVICE – WEST SIDE OF 27 AVE.,
NORTH OF THE ST. LUCIE CO. LINE, INDIAN RIVER
COUNTY PROJECT NO. UCP-2317, PRELIMINARY
ASSESSMENT RESOLUTION II, REVISED PUBLIC
HEARING DATE
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously adopted
Resolution No. 2006-034 setting an amended time and
March 7, 2006
29
place at which the owners of properties, located in
th
Lakewood Terrace Subdivision (west side of 27 Avenue,
north of St. Lucie County Line) in Indian River County,
Florida, and other interested persons may appear before the
Board of County Commissioners of Indian River County
and be heard as to the propriety and advisability of
constructing the water main extension, as to the cost
thereof, as to the manner of payment therefor, and as to the
amount thereof to be specially assessed against each
property benefited thereby.
12.A. COUNTY ATTORNEY - APPEAL FROM DENIAL OF
REQUEST FOR NEW IMPACT FEE INCREASE EXEMPTION
– NORTH-SOUTH BUILDERS, INC.
County Attorney Collins reviewed the memorandum in the backup and explained
the reason for this appeal.
Gary Gehrke
, an officer at North-South Builders, presented a sequence of events
that began when he was given a form by Sebastian Building Department that stated the applicant
st
had until July 1 for exemption from the impact fee increase. He was told to bring back a contract,
the check, and get all his applications in order for the building permit. He proceeded to the closing,
got a warranty deed and the notice of commencement and all the information on both documents
was wrong. It started out when the appraiser went to the Property Appraiser’s office and their
records showed there was already a building on the lot and was encumbered by bank loans. It took
4 months to get the banks’ releases. In the meantime, he proceeded with his drawings, engineering
and everything to go through the building application. When he finally had everything together in
February and submitted his documentation, he was told the County Attorney had to sign the
March 7, 2006
30
st
document. He was told the Board stopped the process December 31 yet he said he was told he
st
had until July 31. His appeal showed there were clerical errors made and he thought that he and
Mrs. Reidinger should not be penalized and have to pay the fee for errors that were made by others.
He would have had the contract and the permit submitted by September of last year if it were not
for the errors.
Chairman Neuberger understood the error was because records showed there was a
house on the lot but, in fact, there was no house.
Mr. Gehrke
added that the Property Appraiser’s office even had a photograph that
showed a house on the lot. He finally got everything cleared up last week.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously approved
the appeal and overturned the denial.
12.B. COUNTY ATTORNEY – APPEAL FROM DENIAL OF
REQUEST FOR NEW IMPACT FEE INCREASE EXEMPTION
– JM REID CONSTRUCTION, INC.
County Attorney Collins explained this item was similar to Item 12.A.
Robert Nall,
Attorney for JM Reid Construction, Inc., explained that there was an
affidavit of Julie Reid, an officer of JM Reid, and other documents on pages 287-297 of the backup
that sets forth her delivery of all applicable materials in June of 2005. The affidavit states that a
female employee accepted the documents and the Reids thought everything was in order. They did
not request a receipt but gave their phone numbers to the clerk. They later learned in February
2006 that the documents were lost or misplaced and the affidavit is submitted to get the impact fee
exemption.
March 7, 2006
31
MOTION WAS MADE by Commissioner Davis,
SECONDED by Vice Chairman Wheeler, to approve the
appeal from denial of the request for new impact fee
increase exemption for JM Reid Construction, Inc.
Under discussion, Commissioner Lowther thought better checks and balances
should have been put in place since this happened.
County Administrator Baird apologized that this had happened and thought that
perhaps some documents were incorrectly paper clipped to another during a particularly heavy
period of applications.
Julian Reid
, President of Reid Construction, appreciated what has been done.
Everyone is busy. He does business in several counties, but he thanks God every day because we
have a great county and great building department to work with.
The Chairman CALLED THE QUESTION and the motion
carried unanimously. (The Board granted the exemption
from the impact fee increase and overturned the denial.)
March 7, 2006
32
13.A.1. COMMISSIONER ARTHUR R. NEUBERGER, CHAIRMAN –
REQUEST FOR A RESOLUTION SUPPORTING THE PROPOSED
“PERMANENT PROTECTION FOR FLORIDA ACT OF 2006”
Chairman Neuberger reviewed the memorandum of February 28, 2006 concerning
the request from Senator Mel Martinez’s office to protect Florida’s coasts from office shore oil and
gas drilling.
MOTION WAS MADE by Commissioner Lowther,
SECONDED by Commissioner Davis to approve the
recommendation.
Under discussion, Vice Chairman Wheeler stated he could not support such a
resolution at this time because he did not have enough information to know if it would be good or
bad. While he did not like the look of oilrigs, we have an energy situation and the rigs produce
good fishing habitat like artificial reefs.
Commissioner Lowther would support it based on U.S. Senators Martinez and Bill
Nelson making the proposed legislation.
Commissioner Bowden inquired if the Governor had taken a position and the sense
was that if our United States Senators are proposing legislation that it must be the State of Florida’s
position.
Discussion ensued and STAFF WAS DIRECTED to bring a resolution back for the
Board’s consideration.
March 7, 2006
33
13.A.2. COMMISSIONER ARTHUR R. NEUBERGER, CHAIRMAN –
REQUEST FOR ADDITIONAL MEMBER-AT-LARGE ON THE LAND
ACQUISITION ADVISORY COMMITTEE (LAAC)
Chairman Neuberger noted that the LAAC currently has an even number of
members and suggested the Board increase it by one to give an odd number on the committee. He
suggested that slot be filled by long-time member Talmage Rogers to allow the Chamber of
Commerce to appoint a representative.
A brief discussion was held.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously authorized
the County Attorney to prepare a resolution increasing the
membership of the LAAC by one by adding an additional
member-at-large making the membership of LAAC 19
members, as recommended in the memorandum of
February 28, 2006.
13.A.3. COMMISSIONER ARTHUR R. NEUBERGER, CHAIRMAN –
ANNUAL CONTRACT FOR WILLIAM G. COLLINS, II, COUNTY
ATTORNEY
County Attorney Collins explained his request in his memorandum dated February
27, 2006 (additional backup). He requested, in lieu of a salary increase, consideration of the
County paying for his dependent health insurance coverage and making an annual contribution to
his deferred compensation plan. He was ambivalent about this suggestion versus a salary increase
March 7, 2006
34
but if the Board chose not to agree with his suggestion then he felt that a 4% salary increase would
be appropriate.
MOTION WAS MADE by Commissioner Davis.
SECONDED by Chairman Neuberger, to approve the
salary freeze with the additional benefits as requested by
County Attorney Collins.
Under discussion, Vice Chairman Wheeler stated that he had no objections either
way but he does not believe in employment contracts. In voting against the contract, he would not
be voting against Mr. Collins’ performance or a change/increase in his contract.
County Attorney Collins advised that they (County Administrator, County Attorney,
and Administrative Aide) are required by the State of Florida to have annual contracts as part of
the senior management system to participate in the Florida Retirement System.
Vice Chairman Wheeler still had a philosophical problem with a contract and stated
he would vote against the motion.
The Chairman CALLED THE QUESTION and the motion
carried 4-1 (Vice Chairman Wheeler opposed.) (Changes
will be made to County Attorney Collins’ contract as per
his request in the memorandum and the draft contract in the
backup.)
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
13.B. VICE CHAIRMAN GARY C. WHEELER - NONE
March 7, 2006
35
13.C. COMMISSIONER SANDRA L. BOWDEN - COMMITTEES
Commissioner Bowden wanted it on record that she wanted to serve as the
Commission’s liaison to the Agriculture Advisory Committee at some time during her four-year
Commission term because she wanted to take a leadership position on the committee. She listed
her expertise in the agricultural field; stated she has a willingness to serve; and, thought her
expertise would be beneficial to everyone.
Discussion ensued during which other Commissioners stated that Commissioners
merely act as liaison to committees; that committees make recommendations to the Commission;
that the Chairman appoints liaisons to the committees; and, that Commissioners can go to any
committee meetings that they might have interest in attending and can also bring information to the
Board about committee meetings.
13.D. COMMISSIONER WESLEY S. DAVIS - NONE
13.E. COMMISSIONER THOMAS S. LOWTHER - CODE
ENFORCEMENT BOARD (CEB)
Commissioner Lowther wanted to give the Code Enforcement Board “more bite”
because the majority of the discussions at his monthly meetings at Vero Highlands concerned code
enforcement. He had asked Environmental Planning & Code Enforcement Chief Roland DeBlois
and Karl Zimmermann to be here for their input.
Karl Zimmermann
, 1786 Coral Way North, Chairman of the Code Enforcement
Board, had two concerns about code enforcement. His first concern was the practice of hearing
March 7, 2006
36
cases with attorney representation ahead of others on the agenda. The CEB is taking this matter
under advisement.
, Mr. Zimmermann
Secondly was concerned had to do with fines and reduction of
fines and circumstances why fines might be reduced. He recalled a case against a homeowner’s
association (HOA) that had accumulated a fine of $58,000 without the members of the HOA
knowing that it was accumulating because the builder and the developer (as the original
representatives of the HOA) kept coming to the CEB meetings as the HOA’s representatives. In
that instance, the CEB “reduced” it to administrative costs. He spoke of reduction in fines for
some offenses so they do not accumulate to such a great amount that prompts a request to reduce it
so much. He had restructured his thoughts on fine reductions.
Commissioner Lowther’s issue was that such a long time passes before something is
done and that might cause repeat offenders to take advantage of the current system. He thought if
the fines were increased initially that it might get someone’s attention more quickly. He also
thought that fines for repeat offenders should be greater. He brought this to the Board to make
them aware and hoped that staff could come up with something to make the process better.
Mr. Zimmermann
did not know if there is any action the County can take beyond
imposing the fine and having the fine continue. In many instances, tenants put their landlord at
risk or people dump in a vacant lot leaving it to the owner to clean it.
Environmental Planning & Code Enforcement Chief Roland DeBlois advised that
over $90,000 in fines has been collected in the past year. Many fines have been paid to obtain clear
titles on properties that have been bought and sold. Staff’s main focus is to achieve compliance
achieved. He explained a mechanism for repeat. He also explained there are unique mitigating
circumstances on every case. The real concern is those who have an opportunity to comply but do
not see a lien on the property as enough motivation. In those cases, the CEB tends to be less lenient
on fine reduction and issues. Another issue is the County cannot foreclose on Homestead
Properties. Our liens are against real and personal property; we have never gone against personal
property. We have always relied on the real estate, but there is an opportunity if there is a blatant
situation to go after personal property. It might make an impact. There have been occasions where
March 7, 2006
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we have coordinated with the County Attorney’s office to seek injunctions; we do not want to be in
court on every case. The whole purpose of the CEB is to keep the court system free of these more
civil-type cases. We also have an opportunity to issue citations, such as for illegal signs, and those
are payable to the court system. A lot of thought is put into enforcement mechanisms at our
disposal. He pointed out that in 90% of the cases, the people work toward compliance. Various
factors are considered and the Board gives consideration to how much time to allow for
compliance. Staff understands the Commission’s directive that we need to be as tough as is
reasonable so that we do not have blatant violators out there any more than they have to be.
Commissioner Lowther praised code enforcement for the tremendous job being
done and asked if there is any mechanism that would help the department particularly on the
blatant and repeat violators.
Mr. DeBlois suggested the only thing he could think of was to try to streamline the
process on the rare occasions when they do need to take a harder line. Staff has recently updated
the property maintenance codes to make condemnations go a little cleaner and quicker. Staff is
constantly looking for ways to make it work more effectively. He thought two CEB meetings a
month would be administratively very difficult given other tasks.
14.A. EMERGENCY SERVICES DISTRICT
1.15,2005
APPROVAL OF MINUTES MEETING OF NOVEMBER
2.6,2005
APPROVAL OF MINUTES MEETING OF DECEMBER
3.(2)
CONSTRUCTION SERVICES CONTARCT PART AGREEMENT WITH
/
BARTH CONSTRUCTION FOR THE RENOVATIONREPAIR OF
.3
EMERGENCY SERVICES STATION NO
The Chairman announced that immediately upon adjournment, the Board would
reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes are
being prepared separately and are appended to this document.
March 7, 2006
38
14.B. SOLID WASTE DISPOSAL DISTRICT
1.14,2006
APPROVAL OF MINUTES MEETING OF FEBRUARY
2.
NOTIFICATION TO SWDD BROARD OF FINAL CLOSURE OF
ABANDONED LANDFILLS
The Chairman announced that immediately upon adjournment of the Emergency
Services District Meeting, the Board would reconvene as the Board of Commissioners of the Solid
Waste Disposal District. Those Minutes are being prepared separately and are appended to this
document.
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
March 7, 2006
39
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 11:27 a.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman
Minutes Approved: _________________
BCC/PR/2006 Minutes
March 7, 2006
40