HomeMy WebLinkAbout04/5/2005
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF APRIL 5, 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.PROCLAMATION IN RECOGNITION OF THE OFFICIAL
PUBLIC LAUNCHING OF TURTLE TRAX........................................... 2
5.B.PROCLAMATION DESIGNATING THE MONTH OF APRIL
2005 AS CHILD ABUSE PREVENTION MONTH ................................. 2
5.C.PRESENTATION BY DEPARTMENT OF GENERAL
SERVICES ..................................................................................................... 2
6.APPROVAL OF MINUTES – REGULAR MEETING OF
FEBRUARY 15, 2005 .................................................................................... 3
April 5, 2005 1
7.CONSENT AGENDA ................................................................................... 3
7.A.R .......................................................................................................................3
EPORT
7.BAW-M17-23,2005 .......................................................3
PPROVAL OF ARRANTS ARCH
7.C.C’ALGFR-FY2003-2004
OUNTYS NNUAL OCAL OVERNMENT INANCIAL EPORT
–CAFR(CAFR) .......................................4
OMPREHENSIVE NNUAL INANCIAL EPORT
7.D.CRSMA–P23–T
ORRIGAN IDGE AND INE GREEMENT HASES AND RANSFERRED
EG&S,LLCTEHLG
FROM LMO REER ONS TO HE DDIE UGGINS AND RADING
C.,LLC–NCDE ..........................................................4
O EW ASH EPOSIT AND SCROW
7.E.RN.2005-042–S“L(W)SF”
ESOLUTION O UPPORTING OCAL ATER OURCES IRST
DAWS ..................................................5
AND EVELOPING LTERNATIVE ATER UPPLIES
7.F.P5SSW–D’AS,LLC,
TH
AVING OF TREET EVELOPERS GREEMENT WITH ERENOA
SD,I.IRC(L
UNLAND EVELOPMENT NC AND NDIAN IVER OUNTY EXINGTON
P) ........................................................................................................................5
LACE
7.G.PDA10-16,2005CV’R
ROCLAMATION ESIGNATING PRIL AS RIME ICTIMS IGHTS
W ..........................................................................................................................6
EEK
7.H.O--CTCAN
UTOFOUNTY RAVEL FOR OMMISSIONERS TO TTEND THE ATIONAL
AC(NAC)ACE–
SSOCIATION OF OUNTIES O NNUAL ONFERENCE AND XPOSITION
J15-19,2005 ........................................................................................................6
ULY
7.I.HB,I.–RFPA
OLIDAY UILDERS NC EQUEST FOR INAL LAT PPROVAL FOR A
P-O-S-PPKSP(
LATVERITELAN ROJECT TO BE NOWN AS EDONA ALMS FKA
VP) .....................................................................................................6
ALENCIA OINTE
7.J.EBMJAG(JAG)FFY
DWARD YRNE EMORIAL USTICE SSISTANCE RANT EDERAL
2005-CP-FFY2006(F
ERTIFICATION OF ARTICIPATION EDERAL LORIDA
DLE,OCJ)(D
EPARTMENT OF AW NFORCEMENT FFICE OF RIMINAL USTICE RUG
TP,SAAC,
ESTING ROGRAM UBSTANCE BUSE DVISORY OUNCIL AND
M-ADE) ....................................................................7
ULTIGENCY RUG NFORCEMENT
7.K.BAN.#7051–PS-CV/V
ID WARD O ORTABLE ELFONTAINED ACUUMALVE
E–SSES,I.SSES-
XERCISER NC DBA OUTHERN EWER QUIPMENT ALES
UD/WWD ...........................................8
TILITIES EPARTMENTASTE ATER ISTRIBUTION
7.L.DA,CE–CE
EPARTMENT OF THE RMY ORPS OF NGINEERS ONSENT OF ASEMENT
OIWU(W
TO CCUPY THE NTRACOASTAL ATERWAY WITH TILITIES ABASSO
CV) .................................................................................................8
AUSEWAY ICINITY
April 5, 2005 2
7.M.FAL,LLC–FPA
OUNTAINS AT MBER AKES INAL LAT PPROVAL FOR A
SKTFAL–
UBDIVISION TO BE NOWN AS HE OUNTAINS AT MBER AKES
D’CRIS .........9
EVELOPERS ONTRACTS FOR EQUIRED MPROVEMENTS AND IDEWALKS
9.B.1.PUBLIC DISCUSSION ITEM - CHARLIE COX REGARDING
AFFORDABLE HOUSING CHALLENGES AND VIABLE
APPROACHES, SOLUTIONS, AND REMEDIES .................................. 9
9.B.2.PUBLIC DISCUSSION ITEM – TIM ZORC REGARDING
BUILDING INSPECTION BACKLOG, THE PRIVATE
PROVIDER SYSTEM, AND ASSOCIATED FEES .............................. 10
9.B.3.PUBLIC DISCUSSION ITEM – TAMMY GREEN REGARDING
BUILDING DEPARMENT WORK LOAD CAPACITY ...................... 11
9.B.4.PUBLIC DISCUSSION ITEM – JOAN CALDWELL
REGARDING REPLACEMENT OF MOBILE HOME ....................... 12
9.C.PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED ON
APRIL 19, 2005 – REQUEST TO AMEND CHAPTERS 913 AND
928 OF THE CODE OF INDIAN RIVER COUNTY TO PROVIDE
FOR ACCESS FOR MOSQUITO CONTROL DISTRICT
TREATMENT OF PRIVATE WATER RETENTION PONDS
AND LAKES ................................................................................................ 14
11.A.COMMUNITY DEVELOPMENT – CONSIDERATION OF
REVISIONS TO LAND ACQUISITION ADVISORY
COMMITTEE (LAAC) SITE RANKING CRITERIA TO
EXPAND ELIGIBILITY CRITERIA TO INCLUDE HISTORIC
April 5, 2005 3
SITES AND AGRICULTURAL LANDS (NOVEMBER 2004
REFERENDUM PASSAGE) ..................................................................... 14
11.C.GENERAL SERVICES – ANNUAL GEOTECHNICAL
SERVICES CONTRACT PROJECT NO. 7018 –
DUNKELBERGER ENGINEERING & TESTING, INC. – WORK
ORDER NO. 1 FOR PROFESSIONAL GEOTECHNICAL
SERVICES ................................................................................................... 16
11.I.PUBLIC WORKS– FLEET MANAGEMENT FACILITY- 4450
ST
41 STREET - LIMITED PETROLEUM SITE ASSESSMENT –
GEOSYNTEC CONSULTANTS .............................................................. 16
11.J.1.UTILITIES SERVICES – RESOLUTION NOS. 2005-043 AND
2005-044 – ORANGE HEIGHTS WATER SERVICE AREA
(GALLENTINE SUBDIVISION)– PROJECT NO. UCP-2563 –
PRELIMINARY ASSESSMENT RESOLUTIONS I AND II............... 17
11.J.2.UTILITIES SERVICES - CONTINUING CONSULTANT
AGREEMENT WITH WCG/NEEL-SCHAFFER, INC. –
ASSIGNMENT AND ASSUMPTION OF CONTRACT – NAME
CHANGED TO NEEL-SCHAFFER, INC. .............................................. 18
11.J.3.UTILITIES SERVICES – CHESSER’S GAP FORCE MAIN
BYPASS ALONG CR512 EAST OF FLEMING STREET IN
SEBASTIAN – THE DANELLA COMPANIES, INC., LABOR
CONTRACTOR .......................................................................................... 18
13.D.COMMISSIONER WESLEY S. DAVIS – PRIORITIZE ROAD
PROJECTS .................................................................................................. 19
April 5, 2005 4
14.A.EMERGENCY SERVICES DISTRICT - NONE ................................... 21
14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 21
14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 21
DOCUMENTS PLACED ON FILE FOR THE RECORD ......................................... 21
NCRP,PII;FDEP-FRDAPPN.F02085,
ORTH OUNTY EGIONAL ARK HASE ROJECT O
I.R.C.PN.0399;NLU/SD
ROJECT O OTICE OF IMITATION OF SEITE EDICATION
PGA–DS.11,2001–
WITH ROJECT RANT GREEMENT EVELOPMENT DATED EPT
RPR–B1852P21863/30/05
ECORDED IN THE UBLIC ECORDS OOK AGE ON
(4/5/05) ......................... 22
ORIGINAL RECORDED DOCUMENT FILED UNDER DATE OF
April 5, 2005 5
April 5, 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 5, 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 Patricia Ridgely.
1. CALL TO ORDER
Chairman Lowther called the meeting to order.
2. INVOCATION
Reverend Ray Scent, Gathering of Devoted Servants, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Vice Chairman Neuberger led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
April 5, 2005 1
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously moved
the Agenda.
5.A. PROCLAMATION IN RECOGNITION OF THE OFFICIAL
PUBLIC LAUNCHING OF TURTLE TRAX
Barbara Hammon
The Chairman read and presented the Proclamation to who
expressed appreciation and told of the upcoming Turtle Trax event. She invited the
Commissioners and explained that the turtles are fabulous and fun and will be placed around the
community for everyone to see.
5.B. PROCLAMATION DESIGNATING THE MONTH OF APRIL
2005 AS CHILD ABUSE PREVENTION MONTH
J.C. Britt
Commissioner Bowden read and presented the Proclamation to who
expressed thanks for the proclamation. He listed the various agencies that address the needs of
abused children and distributed copies of the activity’s schedule for April. (A copy is on file with
the backup.)
(Clerk’s Note: Chairman Lowther acknowledged and welcomed Commissioner
Wheeler’s wife, daughter and grandchildren in attendance at this meeting.)
5.C. PRESENTATION BY DEPARTMENT OF GENERAL
SERVICES
General Services Director Tom Frame gave a brief yet comprehensive presentation
concerning the diverse responsibilities of his office. He manages 11 departments as follows:
Library Services, Buildings & Grounds, Purchasing, Veteran Services, Mail Room &
Switchboard, Telecommunications, Agricultural Extension, Shooting Range, Housing/Rental
Assistance, and Soil & Water Conservation. He is responsible for a nearly $9 million budget, 96
April 5, 2005 2
fulltime employees, and 29 part-time employees. He described each department listing its
function, the number of employees, special achievements, and budget. (Director Frame’s
presentation was displayed for the audience and there is a copy on file with the backup in the office
of the Clerk to the Board.)
Commissioners expressed their appreciation for the presentation.
6. APPROVAL OF MINUTES – REGULAR MEETING OF
FEBRUARY 15, 2005
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of February 15, 2005. There were none.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Regular Meeting of February 15, 2005, as
written and distributed.
7. CONSENT AGENDA
7.A. R
EPORT
The following report has been received and is on file in the office of the Clerk to the
Board:
St. Johns River Water Management District –
Comprehensive Annual Financial Report for Fiscal Year
ended September 30, 2004.
7.B AW-M17-23,2005
PPROVAL OF ARRANTS ARCH
April 5, 2005 3
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
March 17-23, 2005, as requested.
7.C. C’ALGFR-FY
OUNTYS NNUAL OCAL OVERNMENT INANCIAL EPORT
2003-2004–CAFR(CAF
OMPREHENSIVE NNUAL INANCIAL
R)
EPORT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously authorized
the Chairman to execute the County’s Annual Local
Government Financial Report for the FY 2003-2004, as
requested in the memorandum of March 30, 2005.
REPORT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
(CLERK’S NOTE: CAFR is on file in the office of the Clerk to the Board.)
7.D. CRSMA–P23–
ORRIGAN IDGE AND INE GREEMENT HASES AND
TEG&S,LLCTE
RANSFERRED FROM LMO REER ONS TO HE DDIE
HLGC.,LLC–NCD
UGGINS AND RADING O EW ASH EPOSIT AND
E
SCROW
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
April 5, 2005 4
the Cash Deposit and Escrow Agreement
(SP-MA-95-01-02), as recommended in the memorandum
of March 28, 2005.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.E. RN.2005-042–S“L(W)
ESOLUTION O UPPORTING OCAL ATER
SF”DAW
OURCES IRST AND EVELOPING LTERNATIVE ATER
S
UPPLIES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Resolution No. 2005-042 in support of the Doctrine of
Local Sources First and in support of developing alternative
water supplies.
7.F. P5SSW–D’A
TH
AVING OF TREET EVELOPERS GREEMENT WITH
S,LLC,SD,I.IR
ERENOA UNLAND EVELOPMENT NC AND NDIAN IVER
C(LP)
OUNTY EXINGTON LACE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the developer’s agreement and authorized the Chairman to
execute same, as recommended in the memorandum of
March 29, 2005. (Alternative No. 1)
April 5, 2005 5
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.G. PDA10-16,2005C
ROCLAMATION ESIGNATING PRIL AS RIME
V’RW
ICTIMS IGHTS EEK
Proclamation was presented at another time and place but entered here for the
record.
7.H. O--CTCA
UTOFOUNTY RAVEL FOR OMMISSIONERS TO TTEND THE
NAC(NAC)A
ATIONAL SSOCIATION OF OUNTIES O NNUAL
CE–J15-19,2005
ONFERENCE AND XPOSITION ULY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the travel request for Commissioners and staff to attend the
th
70 Annual National Association of Counties Conference
and Exposition to be held July 15-19, 2005 in Honolulu,
Hawaii, as requested in the memorandum of March 23,
2005.
7.I. HB,I.–RFPA
OLIDAY UILDERS NC EQUEST FOR INAL LAT PPROVAL
P-O-S-PPKS
FOR A LATVERITELAN ROJECT TO BE NOWN AS EDONA
P(VP)
ALMS FKA ALENCIA OINTE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously granted
April 5, 2005 6
final plat approval for Sedona Palms (fka Valencia Pointe)
and authorized the Chairman to execute the Contract for
Construction of required sidewalk improvements, as
recommended in the memorandum of March 23, 2005.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.J. EBMJAG(JAG)
DWARD YRNE EMORIAL USTICE SSISTANCE RANT
FFY2005-CP-F
EDERAL ERTIFICATION OF ARTICIPATION EDERAL
FY2006(FDLE,O
LORIDA EPARTMENT OF AW NFORCEMENT FFICE
CJ)(DTP,S
OF RIMINAL USTICE RUG ESTING ROGRAM UBSTANCE
AAC,M-AD
BUSE DVISORY OUNCIL AND ULTIGENCY RUG
E)
NFORCEMENT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously accepted
the invitation to serve as the coordinating unit of
government in the FDLE Edward Byrne Memorial Justice
Assistance Grant (JAG) program and authorized the
Chairman to sign the Certification of Participation naming
Jason E. Brown, Director, Management & Budget, as the
contact person, as recommended in the memorandum of
March 29, 2005. Further the Board unanimously approved
to provide a 25% matching funds, not-to-exceed $43,529,
for the Substance Abuse Council portion and also for the
Multi-Agency Drug Enforcement Unit (MACE) grants.
April 5, 2005 7
COPY OF LETTER IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.K. BAN.#7051–PS-C
ID WARD O ORTABLE ELFONTAINED
V/VE–SSES,I.SS
ACUUMALVE XERCISER NC DBA OUTHERN EWER
ES-UD/WW
QUIPMENT ALES TILITIES EPARTMENTASTE ATER
D
ISTRIBUTION
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
Bid #7051 to SSES, Inc. dba Southern Sewer Equipment
Sales, in the amount of $29,937.00, as the lowest most
responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid, as
recommended in the memorandum of March 21, 2005.
7.L. DA,CE–C
EPARTMENT OF THE RMY ORPS OF NGINEERS ONSENT OF
EOIW
ASEMENT TO CCUPY THE NTRACOASTAL ATERWAY WITH
U(WCV)
TILITIES ABASSO AUSEWAY ICINITY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the proposed Consent to Easement as issued by the
Department of the Army, as recommended in the
memorandum of March 23, 2005.
April 5, 2005 8
COPY OF PARTIALLY EXECUTED CONSENT TO EASEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.M. FAL,LLC–FPA
OUNTAINS AT MBER AKES INAL LAT PPROVAL FOR A
SKTFAL–
UBDIVISION TO BE NOWN AS HE OUNTAINS AT MBER AKES
D’CRI
EVELOPERS ONTRACTS FOR EQUIRED MPROVEMENTS AND
S
IDEWALKS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously granted
final plat approval for The Fountains at Amber Lakes, and
authorized the Chairman to execute the Contract for
Construction of Required Improvements and Contract for
Construction of Required Sidewalk Improvements, and
accepted the security arrangement, as recommended in the
memorandum of March 21, 2005.
COPIES OF DOCUMENTS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
9.B.1. PUBLIC DISCUSSION ITEM - CHARLIE COX REGARDING
AFFORDABLE HOUSING CHALLENGES AND VIABLE
APPROACHES, SOLUTIONS, AND REMEDIES
Charlie Cox
expounded on his belief that housing in this county belongs to those
who can afford it, but the Board should find a solution for families searching for a home. He
highlighted the need for affordable housing and urged the Commission to make affordable housing
April 5, 2005 9
possible. He recommended they create a non-profit corporation, assemble a group to implement
affordable housing in the county, empower that group to formulate a proper business plan, and
advance them seed money. He claimed that people are willing to help and mentioned two local
individuals who want to work toward this goal.
NO ACTION REQUIRED OR TAKEN
9.B.2. PUBLIC DISCUSSION ITEM – TIM ZORC REGARDING
BUILDING INSPECTION BACKLOG, THE PRIVATE
PROVIDER SYSTEM, AND ASSOCIATED FEES
th
Tim Zorc,
4415 5 Place SW, speaking both as a builder and as a member of
Treasure Coast Builders, commented on the overwhelming hurricane repair and new building
permit demands on the Building Department. The system is stressed in spite of adding new
inspectors and providing that builders can hire licensed private inspectors. It adds up to an
excessive financial burden on the builders, and he was unsure how that burden could be alleviated,
he would be glad to work with staff to try to find a solution.
Chairman Lowther specified he was more concerned for the people who need to get
back into their homes and less concerned about new development.
Administrator Baird interjected that the County has also contracted with private
providers to help expedite the repair process.
Building Official James “Buddy” Akins gave statistics for building permits and
inspections compared to last year at this time to show increase in volume his department has
experienced since the hurricanes and housing. In March 2004, his division did 7,201 inspections
compared to this year’s number of 12,131. Last year in March they issued permits for 140 new
homes, in 267 in March this year plus 815 storm-related permits. He has encouraged the builders,
and they have cooperated by using private providers to give some relief. The storm damage
April 5, 2005 10
sustained on the beachside is ready to go on line and will cause an even greater impact on his
division. He has five inspectors who have been issued provisional certificates and the issuing state
agency is backlogged in issuing new and renewal certificates. There are no risks to the County of
using a private provider because a private provider must have the proper credentials in order to do
business here. He recognized the need to consider a reduction in fees.
Commissioner Neuberger saw a combined need, the reduction in fees as well as
more staffing.
Administrator Baird interjected that getting certified providers is a statewide
problem and private providers are also difficult to find because 37 counties in the state have been
impacted by 4 hurricanes. The whole industry is overloaded and staff is doing all it can to correct
it. He credited Building Division staff for working weekends because of their enormous workload.
Commissioner Davis suggested a workshop could be held after staff gets the
numbers together.
Commissioner Wheeler wanted to find a reasonable solution and agreed
hurricane-damage should take preference over new construction.
Discussion ensued on prioritizing storm-related permits, how it has been done, a
suggestion to include in budget discussions regarding compensation to our inspectors who are
certified in more than one trade, and looking at the fees.
NO ACTION REQUIRED OR TAKEN.
9.B.3. PUBLIC DISCUSSION ITEM – TAMMY GREEN REGARDING
BUILDING DEPARMENT WORK LOAD CAPACITY
Tammy Green was not present.
April 5, 2005 11
9.B.4. PUBLIC DISCUSSION ITEM – JOAN CALDWELL
REGARDING REPLACEMENT OF MOBILE HOME
th
Joan Caldwell,
6699 77 Street, advised that her home was totally destroyed by a
tornado (hurricane-related); it was located on a 20-acre property that is zoned agricultural where
she has lived for 30 years. She experienced the same situation as her sister (Sandy Seese) who
came to the Board on March 29, 2005. (Item 9.B.1.). She had ordered a larger replacement home
with the understanding that it would be allowed but later learned she could not get a permit for it.
Chairman Lowther noted this was the same situation as last week and the same
family. He asked for a similar motion.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Bowden for discussion, to
allow a larger mobile home to replace Ms. Caldwell’s
previously destroyed one on her property.
Under discussion, Commissioner Bowden was concerned about setting a precedent
and asked if many others there might have the same problem.
Community Development Director Bob Keating explained zoning structures,
regulation changes, and that replacement of a non-conforming structure must conform to existing
regulations. He did not know how many others there might be.
Discussion ensued.
Commissioner Wheeler suggested they might go back and look at the regulations
and they might be able to set some parameters in a similar future occurrence. He suggested
looking at the grandfather clause on mobile homes on agricultural property and the damage aspect.
Commissioner Davis thought it needed to be tempered with some common sense
and Chairman Lowther agreed adding this was a 20-acre property, not a third of an acre.
April 5, 2005 12
Director Keating specified that staff could structure the regulation as the Board
wishes. The whole concept of non-conformities is they would gradually amortize out.
In response to Commissioner Bowden’s request, County Attorney Collins explained
in depth that our rules do not allow the expansion of non-conformities. If the Commissioners do
proceed today, they need to direct staff to come back with non-conformity rules. It seemed to him
the direction they are going was to allow larger mobile homes to be substituted for those that were
smaller and destroyed by a hurricane.
Commissioner Wheeler still believed the grandfather clause could be re-worked. He
thought some criteria should be set so the door is not open to something unacceptable.
Commissioner Bowden suggested perhaps that this would apply to only the
catastrophe of 2004.
Chairman Lowther would hate to put that tag on it because a disaster is a disaster.
This happened and the family has the homes coming because they thought they would be able to
replace their destroyed homes.
Administrator Baird thought we have to be careful because the County is in the
regulatory business.
Commissioner Neuberger felt this situation had to be considered on its own merits;
he did not feel this would be creating a precedent.
The Chairman CALLED THE QUESTION and the motion
CARRIED unanimously. (The Board approved allowing a
larger mobile home to replace the smaller mobile home on
Ms. Caldwell’s property that was destroyed during a
hurricane.)
The Chairman called a short recess at 10:27 a.m. The meeting was reconvened at
10:34 a.m.
April 5, 2005 13
9.C. PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED
ON APRIL 19, 2005 – REQUEST TO AMEND CHAPTERS 913
AND 928 OF THE CODE OF INDIAN RIVER COUNTY TO
PROVIDE FOR ACCESS FOR MOSQUITO CONTROL
DISTRICT TREATMENT OF PRIVATE WATER RETENTION
PONDS AND LAKES
Chairman Lowther read the above public notice into the record.
NO ACTION REQUIRED OR TAKEN.
11.A. COMMUNITY DEVELOPMENT – CONSIDERATION OF
REVISIONS TO LAND ACQUISITION ADVISORY
COMMITTEE (LAAC) SITE RANKING CRITERIA TO
EXPAND ELIGIBILITY CRITERIA TO INCLUDE HISTORIC
SITES AND AGRICULTURAL LANDS (NOVEMBER 2004
REFERENDUM PASSAGE)
Environmental Planning & Code Enforcement Chief Roland DeBlois reviewed his
memorandum of March 29, 2005. He explained the criteria are modeled after the Florida
Communities Trust criteria. He displayed the Categories and explained each criteria and the point
system. He stressed that it would be impossible for a property to receive a 100% score. The Land
Acquisition Advisory Committee has approved the use of these criteria and the LAAC and staff
recommended approval of the revised criteria. He requested the Board to direct staff to amend the
Environmental Lands Program Guide to include the revised criteria.
April 5, 2005 14
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Neuberger, to approve
staff’s recommendation.
Under discussion, Commissioners requested and received additional information
and clarification on several points including a desirable property’s proximity to another property
with a totally unrelated use, management plan information, public access, possible acquisition of
Jones’ Pier, acquisition of a property such as McKee Botanical Gardens, and purchase of
development rights for agricultural property.
The Chairman CALLED THE QUESTION and the motion
carried unanimously. (The Board approved the proposed
revised LAAC site ranking criteria and directed staff to
amend the Environmental Lands Program Guide to include
the revised criteria, as recommended in the memorandum
of March 29, 2005.)
April 5, 2005 15
11.C. GENERAL SERVICES – ANNUAL GEOTECHNICAL
SERVICES CONTRACT PROJECT NO. 7018 –
DUNKELBERGER ENGINEERING & TESTING, INC. –
WORK ORDER NO. 1 FOR PROFESSIONAL
GEOTECHNICAL SERVICES
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved
Work Order No. 1 authorizing the proposed project as
outlined in the scope of services and authorized the
Chairman to execute the same for a not-to-exceed fee of
$25,500.00, as recommended in the memorandum of
March 28, 2005.
WORK ORDER NO. 1 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I. PUBLIC WORKS– FLEET MANAGEMENT FACILITY- 4450
ST
41 STREET - LIMITED PETROLEUM SITE ASSESSMENT –
GEOSYNTEC CONSULTANTS
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
proposal and Work Authorization No. 9902-09 with
GeoSyntec Consultants and authorized the Chairman to
execute the same, as described and recommended in the
memorandum of March 28, 2005. (Alternative No. 1)
April 5, 2005 16
WORK AUTHORIZATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.1. UTILITIES SERVICES – RESOLUTION NOS. 2005-043 AND
2005-044 – ORANGE HEIGHTS WATER SERVICE AREA
(GALLENTINE SUBDIVISION)– PROJECT NO. UCP-2563 –
PRELIMINARY ASSESSMENT RESOLUTIONS I AND II
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
adopted Resolution No. 2005-043 providing for water main
expansion to Orange Heights and Gallentine Subdivisions
(north of CR 512 and west of Louisiana Avenue) in the City
of Sebastian, Florida; providing the total estimated cost,
method of payment of assessments, number of annual
installments, and description of the area to be served.
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
adopted Resolution No. 2005-044 setting a time and place
at which the owners of properties located in Orange
Heights and Gallentine Subdivisions (north of CR 512 and
west of Louisiana Avenue) in the City of Sebastian,
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
April 5, 2005 17
constructing the water main extension, 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.
11.J.2. UTILITIES SERVICES - CONTINUING CONSULTANT
AGREEMENT WITH WCG/NEEL-SCHAFFER, INC. –
ASSIGNMENT AND ASSUMPTION OF CONTRACT – NAME
CHANGED TO NEEL-SCHAFFER, INC.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Assignment and Assumption of Contract as prepared by
Neel-Schaffer, Inc., as recommended in the memorandum
of March 28, 2005.
ASSIGNMENT AND ASSUMPTION OF CONTRACT
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.3. UTILITIES SERVICES – CHESSER’S GAP FORCE MAIN
BYPASS ALONG CR512 EAST OF FLEMING STREET IN
SEBASTIAN – THE DANELLA COMPANIES, INC., LABOR
CONTRACTOR
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the project for a total estimated cost of $20,685.75
April 5, 2005 18
including $14,148.36 for labor and $6,537.39 for
County-purchased materials; approved Work
Authorization No. 2005-002 to the Labor Contractor, The
Danella Companies, Inc., in form; and authorized the
Chairman to sign same upon receipt of the executed labor
contract, as recommended in the memorandum of March
24, 2005.
WORK AUTHORIZATION DIRECTIVE IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
13.D. COMMISSIONER WESLEY S. DAVIS – PRIORITIZE ROAD
PROJECTS
Commissioner Davis was concerned about road projects in the north county keeping
up with the developments. He was especially concerned about the capacity of the bridges in that
area and was not sure we could wait 5 years to bring the bridges up to handle the volume.
A lengthy and detailed question and answer period followed during which Public
Works Director Jim Davis and Community Development Director Bob Keating reported on our
bridge replacement program and reasoning, bridges anticipated, bridges in process, status of
bridges, bridges completed, changes that had been made to the LDRs in 1992, anticipated
amendments to the LDRs, actual processes that must occur, delays caused by rights-of-way
acquisitions, necessity for individualized architectural plans for bridges, need for elevation of the
new bridges, anticipated bridge costs, concurrency tests, traffic modeling for future needs and
other pertinent factors and regulations involved in road-building.
In response to Commissioner Davis’ questions regarding costs and budgets, Director
Davis detailed costs for construction for roads and bridges. Director Davis also noted that
right-of-way acquisition can be emotional for the property owners and for that reason the County
has tried to work with them in order to avoid eminent domain.
April 5, 2005 19
Commissioner Davis stressed that citizens want to see more and quicker action on
bridges and roads in order to keep pace with the increases in the growth. He also suggested that
developers might be willing to take over road building in special instances.
County Administrator Baird advised that staff is trying to move forward as quickly
as possible and explained that right-of-way acquisition is quite often an issue because the county
was platted in 1957 with narrow roads and rights-of-way. He cautioned the Commissioners that
they would hear complaints from the property owners if we have to be less personal. In order to
expedite building of roads, we have hired additional staff and are also looking at engaging an
eminent domain attorney.
Commissioner Davis thought the Commissioners were willing to help in this
concern because road-congestion is just going to get worse.
Commissioner Wheeler also indicated his willingness to help.
Commissioner Davis inquired if it would help to lessen Director Davis’
responsibilities by removing Parks, and County Administrator Baird noted that would be a
management decision.
Then followed a discussion of combining Parks and Recreation.
There were other suggestions offered and maintenance of ball fields was commented
on.
County Administrator Baird asked the Board to give him an opportunity to come up
with a plan. He reminded them that staff has been working to catch up in many areas because of
Hurricanes Frances and Jeanne. As to maintenance on ball fields, he commented that the burden
could be put back on the County and off the Soccer Association but that would also be reflected in
the budget.
Commissioner Wheeler recounted that he had asked the Board to compile a priority
list of what to provide as services and would still like to see such a list.
A discussion on priorities followed.
County Administrator Baird stressed that the upcoming fiscal year would not be an
easy one and there will be hard decisions to make.
April 5, 2005 20
Commissioner Neuberger suggested a workshop be held to help educate the new
Commissioners. He also noted that the discussion was getting off point.
Chairman Lowther encouraged the Commissioners to bring issues to the agenda for
discussion.
Discussion was held on calling a workshop or special call meeting but no action was
taken.
th
It was DECIDED to advertise the upcoming meeting on April 15 as a “special call”
meeting concerning the Emergency Operations Center (EOC).
14.A. EMERGENCY SERVICES DISTRICT - NONE
14.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Board of
County Commissioners 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
DOCUMENTS PLACED ON FILE FOR THE RECORD
April 5, 2005 21
NCRP,PII;FDEP-FRDAPP
ORTH OUNTY EGIONAL ARK HASE ROJECT
N.F02085,I.R.C.PN.0399;NL
O ROJECT O OTICE OF IMITATION OF
U/SDPGA–
SEITE EDICATION WITH ROJECT RANT GREEMENT
DS.11,2001–RP
EVELOPMENT DATED EPT ECORDED IN THE UBLIC
R–B1852P21863/30/05(
ECORDS OOK AGE ON ORIGINAL
4/5/05)
RECORDED DOCUMENT FILED UNDER DATE OF
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 11:44 a.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman
Minutes Approved: _________________
BCC/PR/2005 Minutes
April 5, 2005 22