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INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF APRIL 19, 2005
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 OF PROCLAMATION DESIGNATING MAY
1-7, 2005 AS NATIONAL DRINKING WATER WEEK ........................ 2
5.B.PRESENTATION BY SUSAN K. BUZA, EXECUTIVE
DIRECTOR - 211 HELPLINE – THE CENTER FOR
INFORMATION AND CRISIS SERVICES INC., - ANNUAL
SERVICE DELIVERY REPORT ............................................................... 2
5.C.PRESENTATION BY JASON BROWN - OFFICE OF
MANAGEMENT AND BUDGET (OMB) ................................................. 3
April 19, 2005 1
6.APPROVAL OF MINUTES - JOINT MEETING OF MARCH 16,
2005 – IMPACT FEE FINAL REPORT .................................................... 3
7.CONSENT AGENDA ................................................................................... 3
7.A.R .......................................................................................................................3
EPORT
7.B.PDM,2005,ELM .........................4
ROCLAMATION ESIGNATING AY AS LDER AW ONTH
7.C.OCTCSA
UT OF OUNTY RAVEL FOR OMMISSIONERS AND TAFF TO TTEND THE
FAC(FAC)AC
LORIDA SSOCIATION OF OUNTIES O NNUAL ONFERENCE IN
T–J21-24,2005 ........................................................................................4
AMPA UNE
7.D.RIRPEL
EQUEST TO SSUE EQUEST FOR ROPOSALS FOR NVIRONMENTAL AND
ACS .......................................................................4
CQUISITION ONSULTANT ERVICES
7.E.DEESSD–A30,
ECLARE XCESS QUIPMENT URPLUS FOR ALE OR ISPOSAL PRIL
2005VBCW ...........................................................5
AT THE ERO EACH ITY AREHOUSE
7.F.R2005-033-AAR-31
ST
ESOLUTION DOPTION OF MENDED AND ESTATED
ASW13SSW10SSW,32A
THTHND
VENUE FROM TREET TO TREET AND VENUE
SW13SSW11S.SWIR
THTH
FROM TREET TO T AND THE NTERSECTING OADS IN
GES–IRCPN.0420–P
ROVENOR STATES UBDIVISION ROJECT O UBLIC
HDCM3,2005 ...............................................................5
EARING ATE HANGED TO AY
7.G.R2005-045-MBA009....................6
ESOLUTION ISCELLANEOUS UDGET MENDMENT
7.H.EMPG–E
MERGENCY ANAGEMENT ERFORMANCE RANT MERGENCY
MPA(EMPA)-F
ANAGEMENT REPAREDNESS GREEMENT UNDING AND
E ...........................................................................................................6
XPENDITURES
7.I.IRCCBDC-
NDIAN IVER OMMUNITY OLLEGE USINESS EVELOPMENT ENTER
TA ...............................................................................................7
RAINING GREEMENT
8.CLERK OF THE CIRCUIT COURT - JEFFERY K. BARTON–
EXTENSION OF BUDGET DEADLINE .................................................. 8
9.A.1.PUBLIC HEARING – EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT LOCAL SOLICITATION –PROPOSED
SPENDING PLAN – SHERIFF ................................................................... 8
April 19, 2005 2
9.A.2.PUBLIC HEARING – ORDINANCE 2005-012 –
“BONDING-OUT” – CHANGES FOR RESIDENTIAL
SUBDIVISIONS FROM A LIMITED NUMBER OF SPECIFIC
ITEMS TO 25% OF THE REMAINING REQUIRED
IMPROVEMENTS (LEGISLATIVE) ....................................................... 9
9.A.3.PUBLIC HEARING – ORDINANCE 2005-013 - AMENDMENT
TO LAND DEVELOPMENT REGULATION (LDR) SECTION
952.08(1)(E) TO ELIMINATE DENSITY CREDIT FOR
DONATIONS OF RIGHT-OF-WAY WITHIN THE URBAN
SERVICE AREA (LEGISLATIVE) ......................................................... 11
9.A.4.PUBLIC HEARING – ORDINANCE 2005-014 PROVIDING
ACCESS FOR MOSQUITO CONTROL DISTRICT
TREATMENT OF PRIVATE WATER RETENTION PONDS
AND LAKES (LEGISLATIVE) ................................................................ 13
9.B.1.PUBLIC DISCUSSION ITEM – ROGER SHERWOOD FOR
CHRIS BEALS, PRESIDENT OF THE BOARD OF DIRECTORS
- SUNSHINE PHYSICAL THERAPY CLINIC ..................................... 14
9.B.2.PUBLIC DISCUSSION – ALFRED N. ANDERSON – HERON
CAY ............................................................................................................... 14
9.B.3.PUBLIC DISCUSSION – DEBORAH ECKER – THE
LANDSCAPE COMMITTEE – LAND USE REGULATIONS
RELATED TO BUFFERS ......................................................................... 17
April 19, 2005 3
9.B.4.PUBLIC DISCUSSION – DICK STARK, CHAIRMAN OF THE
CULTURAL COUNCIL – DESIGNATION AS
QUASI-NONPROFIT AGENCY .............................................................. 18
9.C.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON MAY 3, 2005 ..................................................................... 19
9.C.1.OHWSAIRPN.
RANGE EIGHTS ATER ERVICE REA NDIAN IVER ROJECT O
UCP-2563 ................................................................................................................ 20
9.C.2.PP31ASW13S.SW10S.SW11S.
STTHTHTH
ETITION AVING VE FROM T TO T TO T
SWIRGES .................. 20
AND NTERSECTING OADS IN ROVENOR STATES UBDIVISION
10.A.COUNTY ADMINISTRATOR’S MATTERS – HIRING OF
SEVEN ADDITIONAL INSPECTORS IN THE BUILDING
DIVISION ..................................................................................................... 20
10.B.COUNTY ADMINISTRATOR’S MATTERS – SUNSHINE
PHYSICAL REHABILITATION CENTER LEASE EXTENSION ... 20
11.C.1.GENERAL SERVICES –CONTRACT FOR CONSTRUCTION
MANAGEMENT SERVICES FOR PROPOSED NEW
ADMINISTRATION BUILDINGS – TURNER CONSTRUCTION
COMPANY .................................................................................................. 23
THTH
11.I.1.PUBLIC WORKS – PAVING 12 AVENUE BETWEEN 5
TH
STREET SW AND OSLO ROAD (9 STREET SW) – PROJECT
LENGTH ½ MILE ...................................................................................... 23
11.I.2.PUBLIC WORKS VORTEX TREATMENT SYSTEM DESIGN
FOR THE NORTH, MAIN, AND SOUTH RELIEF CANALS ––
April 19, 2005 4
SUPPLEMENTAL VALUE ENGINEERING AND QUALITY
CONTROL WORK ORDER NO. 1 ......................................................... 24
11.I.3.PUBLIC WORKS - EGRET MARSH REGIONAL
STORMWATER FACILITY - FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) –– GRANT
(AGREEMENT NO. G0143) ...................................................................... 24
ND
11.I.4.PUBLIC WORKS – 82 AVE – STONEY BROOK FARM
SUBDIVISION (STONEY BROOK FARMS GROUP, LLC)
RIGHT-OF-WAY ACQUISITION ........................................................... 25
11.J.1.UTILITIES – MASTER PLANNED FORCE MAIN – SR 60 TO
THE WEST REGIONAL WASTEWATER TREATMENT
FACILITY (UCP 2598) - SCHULKE, BITTLE & STODDARD,
LLC (SBS) – WORK ORDER NO. 1 ........................................................ 25
11.J.2.UTILITIES – VILLAGE OAKS - DEVELOPER’S AGREEMENT
FOR CONSTRUCTION OF OFF-SITE SEWER FORCE MAIN
AND REIMBURSEMENT BY COUNTY – VILLAGE OAKS 80
REALTY, LLC (JLW MANAGEMENT CORP) ................................... 26
13.E.COMMISSIONER GARY C. WHEELER – CANCELLATION OF
THE REGULAR MEETING OF JULY 5, 2005 AND SEPTEMBER
20, 2005 ......................................................................................................... 27
14.A.EMERGENCY SERVICES DISTRICT .................................................. 27
14.A.1AMRMM29,2005 ................ 28
PPROVAL OF INUTES OF EGULAR EETING OF ARCH
14.A.2.D/BC–BC-R
ESIGNUILD ONTRACT ARTH ONSTRUCTION ENOVATION AND
CESS(RFQ#7035)...................... 28
ONSTRUCTION OF MERGENCY ERVICES TATIONS
April 19, 2005 5
14.B.SOLID WASTE DISPOSAL DISTRICT - NONE .................................. 28
14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 28
April 19, 2005 6
April 19, 2005
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
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, April 19, 2005, at 9:00 a.m. Present were Chairman Thomas S. Lowther, Vice Chairman
Arthur R. Neuberger, Commissioners Sandra L. Bowden, Wesley S. Davis, and Gary C. Wheeler.
Also present were County Administrator Joseph A. Baird, County Attorney William G. Collins II,
Executive Aide to the Board Kimberly Massung, and Deputy Clerk Ilea M. Petsel.
1. CALL TO ORDER
Chairman Lowther called the meeting to order.
2. INVOCATION
Public Works Director Jim Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Wesley S. Davis led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Lowther requested the following changes to today’s Agenda:
April 19, 2005 1
1. Item 7.E. Additional Backup Letter from Thomas W. Frame – Microfilm
Reader/Printers
2. Item 8 Add Constitutional Officer Jeffery K. Barton’s request to
extend the Clerk’s budget deadline.
2. Item 9.B.2. Move to 10.B. Roger Sherwood for Chris Beals, president of the Board
of Directors - Sunshine Physical therapy clinic
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously made the
above changes to the Agenda.
5.A. PRESENTATION OF PROCLAMATION DESIGNATING MAY
1-7, 2005 AS NATIONAL DRINKING WATER WEEK
The Chairman presented the following Proclamation Gerry LeBeau on behalf of the
Utilities Department.
5.B. PRESENTATION BY SUSAN K. BUZA, EXECUTIVE
DIRECTOR - 211 HELPLINE – THE CENTER FOR
INFORMATION AND CRISIS SERVICES INC., - ANNUAL
SERVICE DELIVERY REPORT
Susan K. Buza
, Executive Director for 211 Palm Beach Treasure Coast, explained
the history and functions of the organization.
April 19, 2005 2
5.C. PRESENTATION BY JASON BROWN - OFFICE OF
MANAGEMENT AND BUDGET (OMB)
Director of Management and Budget (OMB) Jason Brown used a PowerPoint
presentation (COPY ON FILE) to give an overview of the OMB.
Discussion ensued on the history of the General Fund Millage Rate and the current
year’s budget.
Renee Renzi
, Waverly Place, asked for clarification regarding the Supervisor of
Elections miscellaneous budget amendment on the previous BCC meeting.
6. APPROVAL OF MINUTES - JOINT MEETING OF MARCH 16,
2005 – IMPACT FEE FINAL REPORT
The Chairman asked if there were any corrections or additions to the Minutes of the
Joint Meeting of March 16, 2005. There were none.
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
approved the Minutes of the Joint Meeting of March 16,
2005, as written and distributed.
7. CONSENT AGENDA
Commissioner Davis pulled Item 7.E. due to a conflict of interest.
7.A. R
EPORT
April 19, 2005 3
The following report has been received and is on file in the office of the Clerk to the
Board:
Indian River District School Board – State of Florida Auditor General – Financial
Report for fiscal year end June 30, 2004.
7.B. PDM,2005,ELM
ROCLAMATION ESIGNATING AY AS LDER AW ONTH
The Chairman noted the Proclamation for the record.
7.C. OCTCS
UT OF OUNTY RAVEL FOR OMMISSIONERS AND TAFF TO
AFAC(FAC)
TTEND THE LORIDA SSOCIATION OF OUNTIES O
ACT–J21-24,2005
NNUAL ONFERENCE IN AMPA UNE
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
approved out of county travel for the Commissioners and
staff to attend the FACo annual conference in Tampa on
June 21-24, 2005, as requested in the memorandum of
April 12, 2005.
7.D. RIRP
EQUEST TO SSUE EQUEST FOR ROPOSALS FOR
ELACS
NVIRONMENTAL AND CQUISITION ONSULTANT ERVICES
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
authorized staff to issue the attached Request for Proposals
April 19, 2005 4
for environmental land acquisition consultant services, as
recommended in the memorandum of April 11, 2005.
7.E. DEESSD–
ECLARE XCESS QUIPMENT URPLUS FOR ALE OR ISPOSAL
A30,2005VBCW
PRIL AT THE ERO EACH ITY AREHOUSE
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously (by a
4-0 vote, Commissioner Davis abstained, due to a conflict
of interest) declared the items on the Excess Equipment
List as surplus and authorized its sale and/or proper
disposal and that the equipment included on the additional
list be picked up and delivered to the auction that will be
held on April 30, 2005 at the Vero Beach City Warehouse,
as recommended in the memorandum of April 11, 2005.
(VOTING CONFLICT OF INTEREST FORM FILED WITH THE CLERK’S BACKUP FOR THIS ITEM)
7.F. R2005-033-AAR-
ESOLUTION DOPTION OF MENDED AND ESTATED
31ASW13SSW10SSW,
STTHTH
VENUE FROM TREET TO TREET AND
32ASW13SSW11S.SW
NDTHTH
VENUE FROM TREET TO T AND THE
IRGES–IRC
NTERSECTING OADS IN ROVENOR STATES UBDIVISION
PN.0420–PHDCM3,
ROJECT O UBLIC EARING ATE HANGED TO AY
2005
April 19, 2005 5
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously adopted
Resolution 2005-033 an amended and restated resolution of
Indian River County, Florida, setting a time and place at
stth
which the owners of property on 31 Avenue SW from 13
thndth
Street SW to 10 Street SW, and 32 Avenue SW from 13
th
Street SW to 11 Street SW and the intersecting Roads in
Grovenor Estates Subdivision and other interested persons
may appear before the Board of County Commissioners
and be heard as to the propriety and advisability of making
paving and drainage improvements to said property as to
the cost thereof as to the manner of payment therefore, and
as to the amount thereof to be specially assessed against
each property benefited thereby.
7.G. R2005-045-MBA
ESOLUTION ISCELLANEOUS UDGET MENDMENT
009
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously adopted
Resolution 2005-045 amending the fiscal year 2004/05
budget.
7.H. EMPG–E
MERGENCY ANAGEMENT ERFORMANCE RANT MERGENCY
MPA(EMPA)-F
ANAGEMENT REPAREDNESS GREEMENT UNDING
E
AND XPENDITURES
April 19, 2005 6
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
accepted the funding provided by the Emergency
Management Performance Grant; approved the
expenditures to be funded from the Emergency
Management Performance Grant along with the Emergency
Management Preparedness Agreement budget amendment;
authorized to waive bidding and sole source purchase
broadcast equipment from prior vendors in order to assure
compatibility and electrical conformity; and authorized for
Emergency Services Director John King to sign documents
associated with the EMPG, as recommended in the
memorandum of April 12, 2005.
7.I. IRCCBD
NDIAN IVER OMMUNITY OLLEGE USINESS EVELOPMENT
C-TA
ENTER RAINING GREEMENT
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
approved the proposal acceptance with Indian River
Community College Business Development Center to
provide supervisory training to its employees, as
recommended in the memorandum of April 11, 2005.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
April 19, 2005 7
8. CLERK OF THE CIRCUIT COURT - JEFFERY K. BARTON–
EXTENSION OF BUDGET DEADLINE
County Attorney William G. Collins II explained it was his understanding the
Clerks’ forms have been changed by the Department of Revenue (DOR) due to Article V, and the
DOR has yet to furnish these forms to the Clerks’ Furthermore Mr. Collins reported that Clerk of
the Court Jeffery K. Barton requested a Resolution from the Board extending his budget deadline.
Discussion ensued regarding the extension of the Clerk’s budget.
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved a one-time extension of the Clerk of the Circuit
Court’s budget deadline until the proper forms from the
DOR have been furnished and completed by the Clerk.
9.A.1. PUBLIC HEARING – EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT LOCAL SOLICITATION
–PROPOSED SPENDING PLAN – SHERIFF
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
The Commissioners reviewed the memorandum in the backup.
The Chairman opened the public hearing.
April 19, 2005 8
Kim Poole
, Planner for the Sheriffs Department, presented the solicitation of the
Edward Byrne Memorial Justice Assistance Grant (JAG). She gave information regarding JAG
stating it will be hosting two grants for the County. One will help supply most of the Multi-Agency
Crime Enforcement (MACE) units and drug-court items; and the other is the local solicitation
grant in the amount of $30,459.00.
The Chairman closed the public hearing.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved
filing for the 2005 Edward Byrne Memorial Justice
Assistance Grant Solicitation in the amount of $30,459.00
to purchase (5) Mobile-Vision In-car Digital Video
Recording (DVR) systems and Memory Upgrades of
Laptops, as recommended in the memorandum of April 6,
2005.
9.A.2. PUBLIC HEARING – ORDINANCE 2005-012 –
“BONDING-OUT” – CHANGES FOR RESIDENTIAL
SUBDIVISIONS FROM A LIMITED NUMBER OF SPECIFIC
ITEMS TO 25% OF THE REMAINING REQUIRED
IMPROVEMENTS (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
April 19, 2005 9
Planning Director Stan Boling used a table (page 105 of the backup) to illustrate the
Board’s discussions and decisions that have lead to this proposed Ordinance to amend Ordinance
2005-007.
Commissioner Wheeler read page 110 from the backup, passages 3.(1)(D)1., 2., & 3.
from the proposed ordinance, and he questioned if these passages would allow someone to use a
bond.
County Attorney William G. Collins II disclosed that D3 could open the possibility
of someone using a performance bond but it is not likely.
There was CONSENSUS to strike 3.(1)(D)3. from the proposed ordinance.
The Chairman opened the public hearing.
Bob Johnson
, Coral Wind Subdivision, questioned a homeowner’s recourse if the
developer did not complete the last 25% of required improvements.
Director Boling communicated the developer would have to enter into a contract
with the County to have a development completed by a certain date.
Renee Renzi
, Waverly Place, inquired if this ordinance would just apply to
subdivisions.
Director Boling affirmed the proposed ordinance would apply only to residential
subdivisions.
April 19, 2005 10
Joseph Paladin
, Chairman of the Growth Awareness Committee (GAC), clarified
his committee is reviewing some of the LDRs that apply to PD’s and multiple-family units. He
stated that one of the problems occur when people complete their homes before the subdivision is
completed; therefore, a Certificate of Occupancy (CO) cannot be obtained.
The Chairman closed the public hearing.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, the Board unanimously adopted
Ordinance 2005-012 amending Land Development
Regulations (LDRS) Chapter 913, Subdivision and Plats,
by amending Section 913.07 regarding Procedure and
Requirements for Submitting and Processing Subdivision
Applications and 913.10 Security for Construction and for
Maintenance of Required Improvements (3.(1)(D)3.
deleted)
9.A.3. PUBLIC HEARING – ORDINANCE 2005-013 - AMENDMENT
TO LAND DEVELOPMENT REGULATION (LDR) SECTION
952.08(1)(E) TO ELIMINATE DENSITY CREDIT FOR
DONATIONS OF RIGHT-OF-WAY WITHIN THE URBAN
SERVICE AREA (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
April 19, 2005 11
Planning Director Stan Boling explained how this amendment relates to provisions
in the Land Development Regulations (LDRs). Since the 1980’s, the Board has allowed density
credit when right-of-way is donated. He specified the uses of this provision in the past. He clarified
the provision allowed developers to donate acres of property for right-of-way and essentially treat
that acreage for density calculation purposes. He stated staff has restructured this provision to
apply only outside the Urban Service Area (USA) as directed by the Board in November.
Commissioner Wheeler understood the way the purposed ordinance is written the
Board would still have the ability to give density credit if the property is outside the USA.
There appeared to be CONSENSUS to exclude the provision which would allow
density credit be given but only outside the USA.
The Chairman opened the public hearing. There were no speakers and the Chairman
closed the public hearing.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, the Board unanimously adopted
Ordinance 2005-013 amending Land Development
Regulations (LDRs) Chapter 952, Right-of-Way
Requirements, by amending Section 952.08 regarding
Right-of-Way Dedication or Acquisition; deleting the
provision provided in section 1 allowing density credit
outside the USA.
April 19, 2005 12
9.A.4. PUBLIC HEARING – ORDINANCE 2005-014 PROVIDING
ACCESS FOR MOSQUITO CONTROL DISTRICT
TREATMENT OF PRIVATE WATER RETENTION PONDS
AND LAKES (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Assistant County Attorney William K. DeBraal advised that the proposed ordinance
amends two chapters of the Indian River County code; it gives access to the Mosquito Control
District to treat existing impoundments and mosquito controlled areas, and it would allow the
Mosquito Control District to go in and treat fresh water ponds in case of emergency outbreaks.
Discussion ensued and it was determined in the past when a subdivision was being
platted, access to a mosquito control impoundment was too narrow for the mosquito control
vehicles to get through.
Doug Carlson
Director of the Mosquito Control District stated there have been a
few instances when there has been a hesitation by the developer to give the Mosquito Control
District the access needed, and this ordinance would just help formalize that for the future.
The Chairman opened the public hearing.
Bob Johnson
, Coral Winds Subdivision, asked if this would alleviate the
Homeowners Association’s (HOA) responsibility to maintain their lakes and he inquired on the
cost from Mosquito Control’s standpoint.
April 19, 2005 13
Attorney DeBraal replied this would only be in emergency situations; for example,
infestation.
Mr. Carlson
clarified that the ordinance would just allow the Mosquito Control
District to be guaranteed access to the needed areas. He went on to say, treatments they would do
on a lake would be mosquito control applications not vegetation treatment.
The Chairman closed the public hearing.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Ordinance 2005-014 amending Code Sections 913.07 and
928.06 of the Code of Indian River County to provide for
access for Mosquito Control District treatment of private
water retention ponds and lakes.
The Chairman called a short recess at 10:15 a.m. The meeting was reconvened at
10:25 a.m. with all members present.
9.B.1. PUBLIC DISCUSSION ITEM – ROGER SHERWOOD FOR
CHRIS BEALS, PRESIDENT OF THE BOARD OF
DIRECTORS - SUNSHINE PHYSICAL THERAPY CLINIC
(CLERK’S NOTE: MOVED TO COUNTY ADMINISTRATORS MATTERS ITEM 10.B.)
9.B.2. PUBLIC DISCUSSION – ALFRED N. ANDERSON – HERON
CAY
April 19, 2005 14
Alfred N. Andersen
, 285 Morristown Cay, communicated the problems with
standing water under his home, which has caused numerous problems for him and other residents
in Heron Cay. Mr. Andersen summarized all of the outlets he used for communicating his problem
including: speaking with the St. Johns River Water Management District (SJRWMD) and meeting
with the Environmental Health Department; he also met with staff at Indian River County. He
remarked, as a result of his communications with the above named agencies, an investigation was
done to see the extremity of the problem. He stated the park owner said he could take care of the
problem, but it would be at the cost of the homeowners. Mr. Anderson played a DVD (COPY ON
FILE) that gave a more detailed look at the standing water problem.
County Attorney Collins gave the history of the situation, quoted a statute regarding
mobile homes, and explained that the codes Mr. Anderson referred to were adopted 12 to 15 years
after the park was built.
Commissioner Wheeler was concerned that the standing water could be possible
breeding grounds for mosquitoes. He then expressed if the County looked at this as a health,
welfare, and safety issue maybe something could be done.
th
Fred Boller
, Heron Cay 90 Ave., explained prior experiences he had with the park
owner. He stated, alternatives the park owner came up with were all at the cost of the homeowner
not the park owner. Mr. Boller felt this is a lack of maintenance matter not capital improvements.
Chairman Lowther expressed that this is serious and the Commission should take a
strong stance on the issue.
MOTION WAS MADE by Vice Chairman Neuberger, to
send a letter to the Heron Cay park owner and re-institute
April 19, 2005 15
the code enforcement violations SECONDED by
Commissioner Wheeler for discussion.
Dr. Richard Baker
informed there were similar problems with a park on Oslo
Road. He feels it is a State problem and action should be taken with the State.
Commissioner Davis asserted the Board should act as a catalyst to move this to the
State’s attention.
Gene Ferguson
, 464 Bimini Coy Circle, asked how Certificates of Occupancy were
issued when all of these conditions existed.
Administrator Baird commented that the County did not issue the stormwater
permits to Heron Cay; Saint Johns Water Management District did in the 1980’s.
Ed Cameron
, 467 Bimini Cay Circle, a registered engineer in 13 different states,
expressed his concern with the rusted tie-downs holding down the homes.
Steve Macnamee
, 428 Bimini Cay Circle, declared that Certificates of Occupancy
(CO) are still being issued to houses being built today in Heron Cay.
The MOVER and SECOND agreed and the MOTION
WAS AMENDED (and approved by a vote of 5-0) to
include letters to: the State Department of Environmental
Protection, the Health Department, State Legislators, St.
Johns River Water Management District, Division of
Mobile Homes, Mosquito Control District, and to have a
April 19, 2005 16
30-day caveat to receive updates to keep the Board
informed.
9.B.3. PUBLIC DISCUSSION – DEBORAH ECKER – THE
LANDSCAPE COMMITTEE – LAND USE REGULATIONS
RELATED TO BUFFERS
Deborah Ecker
, 550 Rio Mar Drive, used a projector to illustrate her presentation.
She explained the proposals of her committee and how they would affect Chapter 926 and five
other Chapters referencing Chapter 926. She stated both the Landscape Committee and the Growth
Awareness Committee agreed that buffer type “D” should be eliminated and the County code
should be more specific depending on the type of development.
The Board confirmed a pending ordinance passed at the last BCC meeting does
eliminate the type “D” buffers.
Ms. Ecker
continued with information on the current law of buffer type “C”. She
clarified the Landscape Committee’s purpose would be to improve buffering between
developments with different land uses and between developments and roadways. She explained
that as the Landscape Committee moved on to commercial and industrial development the
committees proposed a more intense buffer requirement. In closing she wanted the buffer
regulations to be consistent throughout the Land Use Regulations.
A brief question and answer period occurred; it was discovered that landscaping
would have to be in place before issuing a Certificate of Occupancy.
April 19, 2005 17
NO ACTION REQUIRED OR TAKEN.
The Chairman called a short recess at 11:35 a.m. The meeting was reconvened at
11:43 a.m. with all members present with all members present.
9.B.4. PUBLIC DISCUSSION – DICK STARK, CHAIRMAN OF THE
CULTURAL COUNCIL – DESIGNATION AS
QUASI-NONPROFIT AGENCY
(CLERK’S NOTE: DICK STARK SPOKE IN PLACE OF MARY JANE KELLY, EXECUTIVE DIRECTOR OF
THE CULTURAL COUNCIL)
Dick Stark
, 340 Palmetto Pointe, read his presentation (copy on file) to the Board,
which explained the functions of the Cultural Council and the reasons the Cultural Council should
become a quasi-nonprofit agency.
MOTION WAS MADE by Vice Chairman Neuberger
SECONDED by Commissioner Bowden to grant the
Cultural Council quasi-nonprofit status.
Commissioner Wheeler was not in support of the motion for a variety of reasons.
Among his reasons were this year’s budget, the Cultural Council should be supported by the
people who have interest in that organization and not by the general taxpayer, and that the Cultural
Council was functioning prior to receiving funding by the County.
April 19, 2005 18
County Administrator Baird explained the purpose of the policies, the Board set in
2002, was to be able to cap the cost and try to give as many agencies as possible an opportunity to
receive County funds to help get started.
Discussion ensued on the Comprehensive Plan. It was pointed out that the
statements in the Comprehensive Plan were objective and it never stated the County had to fund
the Cultural Council.
Mr. Stark
felt the Cultural Council is carrying out a State policy favoring cultural
tourism, most of the monies that come in to the Cultural Council gets recycled through the
Council’s programs. He also pointed out some of the Council’s funding comes from the State.
Ellen Fischer
Secretary of the Board of the Cultural Council, , communicated she
has done a lot of volunteer work for the Cultural Council. She expressed how the organization
serves as a magnet for people like her to work on behalf of the County. She felt the Cultural
Council is valuable to the County.
THE CHAIRMAN called the question and the motion
carried by a vote of 4-1 (Commissioner Wheeler apposed)
The Board granted The Cultural Council with
quasi-nonprofit status.
9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON MAY 3, 2005
April 19, 2005 19
9.C.1.OHWSAIRP
RANGE EIGHTS ATER ERVICE REA NDIAN IVER ROJECT
N.UCP-2563
O
9.C.2.PP31ASW13S.SW10S.SW
STTHTH
ETITION AVING VE FROM T TO T
11S.SWIRGE
TH
TO T AND NTERSECTING OADS IN ROVENOR STATES
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UBDIVISION
Executive Aide to the Board Kim Massung read the notices into the record.
10.A. COUNTY ADMINISTRATOR’S MATTERS – HIRING OF
SEVEN ADDITIONAL INSPECTORS IN THE BUILDING
DIVISION
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, the Board unanimously authorized
the hiring of seven additional inspectors in the Building
Division, as recommended in the memorandum of April 13,
2005.
10.B. COUNTY ADMINISTRATOR’S MATTERS – SUNSHINE
PHYSICAL REHABILITATION CENTER LEASE
EXTENSION
st
Chris Beals
, 1576 31 Avenue, President of the Board of Directors for the Sunshine
Physical Rehabilitation Center, gave the history of the Center and explained the services it
provides. He stated the fair market value of the Center is $352,000 and if that was combined with
April 19, 2005 20
the approximate cost of their proposed expansion of almost $500,000 could cause a strain on their
financial structure along with their ability to continue offering their services to the community.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis to extend Sunshine
Physical Rehabilitation Center’s lease until 2054.
Discussion ensued on the amount of profit the Center has generated since 2002, the
value of the property, possibly increasing the Center’s rent to the current fair market value, and the
part the Center plays in the community. It was also mentioned that the building is the Center’s but
the property is the County’s.
Lynn House
, 2120 Seminole Shores Lane, Sunshine Physical Rehabilitation
Center’s Administrator, stated that there is a difference between the Sunshine Physical
Rehabilitation’s not-for-profit status and their for-profit competitors. She also explained the
Center raised the money for expansion from profits over the past couple years that were placed in
an endowment fund.
Assistant County Administrator Michael Zito clarified staff’s recommendation is no
reflection on the work being carried out by the Center, but the longevity of the lease would not
allow the Board any flexibility.
Commissioner Wheeler asked if the rental amount could be on a percentage based
on their profit for the year.
Commissioner Davis questioned the causes of the Center’s profit fluctuations over
the years.
April 19, 2005 21
Ms. House
explained that a change in ownership caused problems with the Centers
reputation and it has taken about four years to rebuild that reputation.
Having looked at the Center’s financials County Administrator Baird determined
the Center is a stable organization.
Commissioner Davis WITHDREW his SECOND because
he would like to know what a fair lease would be for the
Center and give staff the chance to come up with a fair
market lease.
The MOTION DIED for lack of a SECOND.
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden the Board approved staffs
recommendations to renegotiate the existing lease, or sell
the subject property to Sunshine at a price to be fixed by the
Board, in accordance with the requirements of Florida
Statutes Section 125.38, and bring back to the Board at a
later date.
nd
John Averal
, 41-year resident of Vero Beach, attributed his 82 birthday to the fact
he was able to go to the Sunshine Physical Rehabilitation Center and participate in their exercise
program.
County Administrator Joseph A. Baird stated he would get with Sunshine Physical
Rehabilitation Center right away and try to get this issue back to the Board within the next meeting
or two.
April 19, 2005 22
11.C.1. GENERAL SERVICES –CONTRACT FOR CONSTRUCTION
MANAGEMENT SERVICES FOR PROPOSED NEW
ADMINISTRATION BUILDINGS – TURNER
CONSTRUCTION COMPANY
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, the Board unanimously approved
the proposed agreement with a pre-construction fee of
$177,786 and authorized the Chairman to execute the
agreement subject to minor modifications to language
within the agreements as approved by the County Attorney
prior to the Chairman’s signature, as recommended in the
memorandum of April 12, 2005.
CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
THTH
11.I.1. PUBLIC WORKS – PAVING 12 AVENUE BETWEEN 5
TH
STREET SW AND OSLO ROAD (9 STREET SW) – PROJECT
LENGTH ½ MILE
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Alternative No. 1 to proceed to survey, engineer,
April 19, 2005 23
th
permit, secure right-of-way, and construct 12 Avenue SW,
as recommended in the memorandum of April 12, 2005.
11.I.2. PUBLIC WORKS VORTEX TREATMENT SYSTEM DESIGN
FOR THE NORTH, MAIN, AND SOUTH RELIEF CANALS ––
SUPPLEMENTAL VALUE ENGINEERING AND QUALITY
CONTROL WORK ORDER NO. 1
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
approved Work Order No. 1 with Malcolm Pirnie, Inc. and
authorized the Chairman to execute same, as recommended
in the memorandum of April 12, 2005.
WORK ORDER NO. 1 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.3. PUBLIC WORKS - EGRET MARSH REGIONAL
STORMWATER FACILITY - FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) –– GRANT
(AGREEMENT NO. G0143)
April 19, 2005 24
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved
FDEP Agreement No. G0143 in the amount of $490,000.00
and authorized the Chairman to execute, as recommended
in the memorandum of April 12, 2005.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
ND
11.I.4. PUBLIC WORKS – 82 AVE – STONEY BROOK FARM
SUBDIVISION (STONEY BROOK FARMS GROUP, LLC)
RIGHT-OF-WAY ACQUISITION
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the $78,995.00 purchase and authorized the
Chairman to execute same, as recommended in the
memorandum of April 8, 2005.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.1. UTILITIES – MASTER PLANNED FORCE MAIN – SR 60 TO
THE WEST REGIONAL WASTEWATER TREATMENT
FACILITY (UCP 2598) - SCHULKE, BITTLE & STODDARD,
LLC (SBS) – WORK ORDER NO. 1
April 19, 2005 25
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Work Order No. 1 with SBS in the amount of
$131,780.00 to provide design, permitting and construction
services for the subject master planned force main, and
authorized the Chairman to execute it, as recommended in
the memorandum of April 11, 2005.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.2. UTILITIES – VILLAGE OAKS - DEVELOPER’S
AGREEMENT FOR CONSTRUCTION OF OFF-SITE SEWER
FORCE MAIN AND REIMBURSEMENT BY COUNTY –
VILLAGE OAKS 80 REALTY, LLC (JLW MANAGEMENT
CORP)
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Developer’s Agreement, authorized the Utilities
Department to recover capacity charges and connection
fees from future development, and authorized the Chairman
to execute the agreement, as recommended in the
memorandum of April 12, 2005.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
April 19, 2005 26
13.E. COMMISSIONER GARY C. WHEELER – CANCELLATION
OF THE REGULAR MEETING OF JULY 5, 2005 AND
SEPTEMBER 20, 2005
Commissioner Wheeler explained because of a conflict in scheduling he would like
to eliminate the regular meeting of September 20, 2005.
Chairman Lowther stated because the July 5, 2005 meeting was close to a holiday
there might be a lot of staff out of the office.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, The Board unanimously canceled
the regular meeting of July 5, 2005.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, The Board unanimously canceled
the regular meeting of September 20, 2005, as
recommended in the memorandum of April 12, 2005.
14.A. EMERGENCY SERVICES DISTRICT
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.
April 19, 2005 27
14.A.1AMRMM29,
PPROVAL OF INUTES OF EGULAR EETING OF ARCH
2005
14.A.2.D/BC–BC-
ESIGNUILD ONTRACT ARTH ONSTRUCTION
RCES
ENOVATION AND ONSTRUCTION OF MERGENCY ERVICES
S(RFQ#7035)
TATIONS
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 12:52 a.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman
Minutes Approved: _________________
April 19, 2005 28