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INDEX TO MINUTES OF REGULAR MEETING OF
BOARD OF COUNTY COMMISSIONERS
May 16, 2006
1.CALL TO ORDER ........................................................................................ 1
2.INVOCATION................................................................................................ 1
3.PLEDGE OF ALLEGIANCE ...................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
........................................................................................................................... 1
5.PROCLAMATIONS AND PRESENTATIONS ........................................ 2
A.PRESENTATION OF PROCLAMATION HONORING THE VERO
BEACH HIGH SCHOOL GIRLS LACROSSE TEAM ........................... 2
B.PRESENTATION OF PROCLAMATION HONORING THE
SEBASTIAN RIVER HIGH SCHOOL BOYS BOWLING TEAM ....... 2
C.PRESENTATION OF PROCLAMATION DESIGNATING MAY 14 –
20, 2006 AS EMERGENCY MEDICAL SERVICES WEEK .................. 3
May 16, 2006 1
D.PRESENTATION OF PROCLAMATION DESIGNATING THE
WEEK OF MAY 22 – 29, 2006 AS NATIONAL BEACH SAFETY
WEEK .............................................................................................................. 3
E.PRESENTATION OF PROCLAMATION DESIGNATING THE
MONTH OF MAY 2006 AS FOSTER FAMILY APPRECIATION
MONTH ........................................................................................................... 3
F.PRESENTATION OF PROCLAMATION HONORING LLOYD
PARKER ON HIS RETIREMENT FROM INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS .............................................. 4
G.PRESENTATION BY RAYMOND G. CONIGLIO, GLOBAL
RENEWABLE ENERGY, LLC, REGARDING UTILIZATION OF
HYDROGEN AS FUEL FOR MARINE VESSELS AND MUNICIPAL
FLEET VEHICLES ....................................................................................... 4
H.PRESENTATION BY SHERRY HAMLIN, EXECUTIVE DIRECTOR
OF KEEP INDIAN RIVER BEAUTIFUL (KIRB), TO CHAIRMAN
NEUBERGER FOR PARTICIPATION IN KIRB SWEEPS
CHALLENGE ................................................................................................ 5
6.APPROVAL OF MINUTES ......................................................................... 5
A.REGULAR MEETING OF APRIL 4, 2006 ................................................ 5
B.REGULAR MEETING OF APRIL 11, 2006 .............................................. 6
7.CONSENT AGENDA .................................................................................... 6
May 16, 2006 2
7.A.REPORTS PLACED ON FILE IN THE OFFICE OF CLERK TO THE
BOARD: .......................................................................................................... 6
1.AUDITOR GENERAL STATE OF FLORIDA; FLORIDA BRIGHT
FUTURES SCHOLARSHIP PROGRAM FY END 6/30/05. ................... 6
2.DELTA FARMS WATER CONTROL DISTRICT BUDGET FOR FY
2006/2007 ......................................................................................................... 6
7.BAPPROVAL OF WARRANTS .................................................................... 6
7.C.APPROVAL OF WARRANTS .................................................................... 6
7.D.APPOINTMENT TO THE TOURIST DEVELOPMENT COUNCIL
(TDC) ............................................................................................................... 7
7.E.APPOINTMENT TO THE TOURIST DEVELOPMENT COUNCIL
(TDC) ............................................................................................................... 7
7.F.APPOINTMENT OF ALTERNATE ON THE LAND ACQUISITION
ADVISORY COMMITTEE ......................................................................... 7
7.G.RESOLUTION OF SUPPORT FOR THE MARINE RESOURCES
COUNCIL ....................................................................................................... 7
7.H.PROCLAMATION DESIGNATING MAY 10, 2006 AS WORLD
LUPUS DAY ................................................................................................... 8
May 16, 2006 3
7.I.GIFFORD YOUTH ACTIVITY CENTER, INC. REQUEST FOR
REIMBURSEMENT, LEASE AGREEMENT – MAINTENANCE AND
REPAIRS ......................................................................................................... 8
7.J.REQUEST FOR AUTHORIZATION FOR THE COMMUNITY
DEVELOPMENT DIRECTOR OR HIS DESIGNEE TO EXECUTE
APPROPRIATE STATE HOUSING INITIATIVES PARTNERSHIP
(SHIP) AND HURRICANE HOUSING RECOVERY (HHR)
AGREEMENTS ............................................................................................. 8
7.K.APPROVAL OF BID AWARD FOR IRC BID # 2006072
STATIONARY GENERATOR ELECTRICAL TIE IN – UTILITIES
DEPARTMENT / WASTEWATER TREATMENT DIVISION ............ 9
RD
7.L.43 AVE SUB COMPLEX – CHANGE ORDER #2 (CHILBERG
CONSTRUCTION) ........................................................................................ 9
7.M.APPROVAL OF BID AWARD FOR IRC BID #2006071 FOR THE
PURCHASE OF TWO (2) 20,000 LB VEHICLE LIFTS. FLEET
MANAGEMENT DEPARTMENT & EMERGENCY SERVICES
DEPARTMENT ............................................................................................. 9
7.N.AMENDMENT NO. 2 TO THE EXISTING CONTRACT FOR
UTILITY BILLING SERVICES AGREEMENT ................................... 10
7.O.STIPULATION FOR SETTLEMENT; LINDA ROSS V. INDIAN
RIVER COUNTY ......................................................................................... 10
May 16, 2006 4
7.P.OSLO ROAD/LATERAL “J” CANAL BRIDGE REPLACEMENT,
CONTRACT AMENDMENT – COMPANY NAME CHANGE .......... 11
7.Q.HURRICANE DEBRIS REMOVAL CONTRACT – OMNI
PINNACLE, LLC, INDIAN RIVER COUNTY BID #7076, RELEASE
OF RETAINAGE ......................................................................................... 11
7.R.CONTINUING PROFESSIONAL SURVEY SERVICES CONTRACT
0390, WORK ORDER NO. 3 (ENGINEERING), MASTELLER,
MOLER, REED & TAYLOR, INC. DESIGN/TOPOGRAPHIC
SURVEY FOR PROPOSED COUNTY ROAD 512, PHASE V, I-95 TO
TH
WILLOW STREET (130 AVENUE) IRC PROJECT NO. 0445 –
RELEASE OF RETAINAGE ..................................................................... 11
7.S.REQUEST FOR FLOODPLAIN CUT AND FILL BALANCE
WAIVER FOR LOT 7, BLOCK 13, VERO LAKE ESTATES UNIT 2
ND
AT 8325 92 AVENUE ............................................................................... 12
7.T.SLAB REMOVAL AGREEMENT WITH DIVOSTA BUILDING
CORPORATION ......................................................................................... 12
U.HUD GRANT RENEWALS ON BEHALF OF THE TREASURE
COAST HOMELESS SERVICES COUNCIL, INC. .............................. 13
V.CR 512, I-95 TO ROSELAND ROAD – IRC PROJECT NO. 9611,
ADDENDUM #8, TASK C, REQUEST FOR FINAL RELEASE OF
RETAINAGE ................................................................................................ 13
May 16, 2006 5
W.REQUEST FOR FLOODPLAIN CUT AND FILL BALANCE
WAIVER FOR LOT 2, BLOCK 19, VERO LAKE ESTATES UNIT 4
......................................................................................................................... 14
X.CR 512, I-95 TO ROSELAND ROAD – IRC PROJECT NO. 9611,
ADDENDUM #7, TASK A&B, REQUEST FOR FINAL RELEASE OF
RETAINAGE ................................................................................................ 14
Y.APPROVAL OF MALCOLM PIRNIE, INC. AGREEMENT FOR
PROFESSIONAL SERVICES AND WORK ORDER NO. 2-RR FOR
THE ROCKRIDGE SUBDIVISION SURGE PROTECTION
PROJECT ..................................................................................................... 14
Z.ACCEPTANCE OF NEW PROPOSED ITEMS FOR COST SAVINGS
FOR THE NEW COUNTY ADMINISTRATION BUILDINGS .......... 15
7.AACJM COMMUNITIES, INC’S REQUEST FOR EXTENSION OF SITE
PLAN APPROVAL FOR A MULTI-FAMILY RESIDENTIAL
DEVELOPMENT TO BE KNOWN AS BELLA VISTA ISLES .......... 15
7.BBTOUSA HOMES’ REQUEST FOR EXTENSION OF SITE PLAN
APPROVAL FOR A MULTI-FAMILY RESIDENTIAL
DEVELOPMENT TO BE KNOWN AS HERITAGE GROVE ............ 19
8.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE .................................................................................... 20
9.PUBLIC ITEMS ........................................................................................... 20
May 16, 2006 6
9.A.PUBLIC HEARINGS .................................................................................. 20
9.A.1.CONSIDERATION OF PROPOSED AMENDMENTS TO THE
MULTI-FAMILY ZONING DISTRICT REQUIREMENT OF LDR
911.08 (LEGISLATIVE).............................................................................. 20
9.A.2.CONSIDERATION OF PROPOSED AMENDMENTS TO LDR
SECTIONS 911.09(4) AND 971.41(10): ALLOWING
SINGLE-FAMILY DWELLINGS AND ACCESSORY
SINGLE-FAMILY DWELLINGS IN THE MOBILE HOME
DISTRICTS (LEGISLATIVE) ................................................................... 21
9.A.3.CJM COMMUNITIES, INC.’S REQUEST FOR EXTENSION OF
SITE PLAN APPROVAL FOR A MULTI-FAMILY RESIDENTIAL
DEVELOPMENT TO BE KNOWN AS BELLA VISTA ISLES .......... 23
9.A.4.TOUSA HOMES’ REQUEST FOR EXTENSION OF SITE PLAN
APPROVAL FOR A MULTI-FAMILY RESIDENTIAL
DEVELOPMENT TO BE KNOWN AS HERITAGE GROVE ............ 23
9.A.5.PUBLIC HEARING TO CONSIDER REVENUE DISTRIBUTION
FORMULA FOR 6 LOCAL OPTION GAS TAX
(ADMINISTRATIVE) ................................................................................. 23
9.B.PUBLIC DISCUSSION ITEM ................................................................... 24
9.B.1.REQUEST TO SPEAK FROM ADRIENE CUFFE REGARDING OUR
COUNTY’S COMP PLAN IN RELATION TO THE FUTURE OF OUR
COUNTY AND ITS DEVELOPMENT .................................................... 24
May 16, 2006 7
9.B.2.REQUEST TO SPEAK FROM FRED MENSING REGARDING
TH
PAVING 129 STREET ............................................................................ 24
9.C.PUBLIC NOTICE ITEMS .......................................................................... 25
9.C.1. NOTICE OF SCHEDULED PUBLIC HEARING ITEMS MAY 23,
2006: ............................................................................................................... 25
A.INDIAN RIVER COUNTY’S REQUEST FOR SPECIAL EXCEPTION
USE APPROVAL TO EXPAND THE NORTH COUNTY WATER
TREATMENT PLANT LOCATED AT THE NORTHWEST CORNER
THTH
OF THE 58 AVENUE/77 STREET INTERSECTION
(QUASI-JUDICIAL) .................................................................................... 25
B.AM DEVELOPERS, LLC’S REQUEST FOR PLANNED
DEVELOPMENT (PD) SPECIAL EXCEPTION USE AND
PRELIMINARY PD PLAN/PLAT APPROVAL FOR MILANO
ESTATES, A 49 TOWNHOME PLANNED DEVELOPMENT TO BE
ST
LOCATED ON THE SOUTH SIDE OF SR 60 EAST OF 71 AVENUE
(LEGISLATIVE) .......................................................................................... 25
C.KEN CHAPIN’S REQUEST FOR ABANDONMENT OF A 10’ WIDE
TH
ALLEY LYING IMMEDIATE WEST OF 126 COURT
(LEGISLATIVE) .......................................................................................... 26
D.WORTHINGTON S. KEVILLE’S REQUEST FOR AN
TH
ABANDONMENT OF A PORTION OF 13 STREET LYING
ND
IMMEDIATELY EAST OF 32 AVENUE (LEGISLATIVE) ............ 26
May 16, 2006 8
10.COUNTY ADMINISTRATORS MATTERS - NONE ........................... 26
11.DEPARTMENTAL MATTERS ................................................................ 26
11.A.COMMUNITY DEVELOPMENT - NONE ............................................. 26
11.B.EMERGENCY SERVICES - NONE ......................................................... 26
11.C.GENERAL SERVICES - NONE ................................................................ 26
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
11.I.PUBLIC WORKS ........................................................................................ 26
TH
11.I.1.SR 60 & 58 AVENUE RIGHT- OF-WAY ACQUISITION SERVICES
WORK ORDER NO. 4 ................................................................................ 27
11.I.2.PROFESSIONAL ENGINEERING SERVICES AGREEMENT, CR
512 CORRIDOR IMPROVEMENTS – IRC PROJECT NO. 9611,
ADDENDUM NO. 9 (MASTELLER & MOLER, INC.) ........................ 27
May 16, 2006 9
11.I.3.REPAIR/REPLACEMENT OF THE WABASSO CAUSEWAY
FISHING PIERS HARDESTY & HANOVER LLP WORK ORDER
HH-1 27
11.I.4.BLUEWATER BAY DEVELOPER’S AGREEMENT FOR
DEVELOPER CONTRIBUTIONS TO ROADWAY
IMPROVEMENTS ALONG CR 510 AND NEARBY
INTERSECTIONS ....................................................................................... 28
11.J.UTILITIES SERVICES .............................................................................. 28
11.J.1.APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR
TH
IRC BID #2006054, 74 AVENUE FORCE MAIN LOOP
CONNECTION SOUTH OF SR 60, UTILITIES DEPARTMENT ...... 29
11.J.2.CONTINUING CONSULTING SERVICES, WORK ORDER NO. 3
WITH MASTELLER & MOLER, INC. FOR ENGINEERING
TH
SERVICES FOR MASTER PLAN WATER MAIN ON 17 STREET
THRD
SW FROM 27 AVENUE TO 43 AVENUE, UCP NO. 2807 ............ 29
11.J.3.WASTEWATER PLANT GENERATOR REPLACEMENT REQUEST
FOR WAIVER OF NORMAL BID PROCESS ....................................... 30
12.COUNTY ATTORNEY - NONE ............................................................... 30
13.COMMISSIONER ITEMS ......................................................................... 30
13.A.COMMISSIONER ARTHUR R. NEUBERGER, CHAIRMAN - NONE
......................................................................................................................... 30
May 16, 2006 10
13.B.COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN - NONE .. 30
13.C.COMMISSIONER SANDRA L. BOWDEN - NONE ............................. 30
13.D.COMMISSIONER WESLEY S. DAVIS................................................... 30
1.DISCUSSION REGARDING SECURING AN ARCHITECT TO
DESIGN A MASTER PLAN FOR THE INDIAN RIVER COUNTY
FAIRGROUNDS .......................................................................................... 30
13.E.COMMISSIONER THOMAS S. LOWTHER ......................................... 33
14.SPECIAL DISTRICTS AND BOARDS .................................................... 33
14.A.EMERGENCY SERVICES DISTRICT ................................................... 33
14.A.1. APPROVAL OF MINUTES – MARCH 7, 2006 ..................................... 33
14.A.2.CONSTRUCTION SERVICES CONTRACT (PART 2 AGREEMENT)
WITH BARTH CONSTRUCTION FOR THE REPLACEMENT OF
EMERGENCY SERVICES STATION NO. 4 ......................................... 33
14.A.3.CONSTRUCTION SERVICES CONTRACT (PART 2 AGREEMENT)
WITH BARTH CONSTRUCTION FOR THE REPLACEMENT OF
EMERGENCY SERVICES STATION NO. 5 ......................................... 33
14.B.SOLID WASTE DISPOSAL DISTRICT .................................................. 33
May 16, 2006 11
14.B.1 APPROVAL OF MINUTES ........................................................................ 34
A.MEETING OF MARCH 7, 2006 ............................................................... 34
B. MEETING OF APRIL 4, 2006 .................................................................. 34
C.MEETING OF MAY 2, 2006 ...................................................................... 34
14.B.2.OPERATION AND MAINTENANCE OF A PUMP-AND-TREAT
FACILITY FOR GROUNDWATER REMEDIATION AT THE
SOUTH GIFFORD LANDFILL SITE ...................................................... 34
14.C.ENVIRONMENTAL CONTROL BOARD - NONE .............................. 34
May 16, 2006 12
May 16, 2006
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
th
Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday,
May 16, 2006, at 9:00 a.m. Present were Chairman Arthur R. Neuberger, Vice Chairman Gary C.
Wheeler, and Commissioners Sandra L. Bowden, Wesley S. Davis and Thomas S. Lowther. Also
present were County Administrator Joseph Baird, Assistant County Attorney William K. DeBraal,
Executive Aide to the Board Kimberly Massung, and Deputy Clerk Athena Adams.
1. CALL TO ORDER
Chairman Neuberger called the meeting to order at 9:00 a.m.
2. INVOCATION
Pastor Greg Sempsrott, First Church of God, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Administrator Joseph A. Baird led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Neuberger requested the following changes to today’s Agenda:
Move Item 5.H ahead of 5.A
Move Item 9.A.3 to 7.AA
Move Item 9.A.4 to 7.BB
May 16, 2006 1
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Bowden, the Board
unanimously made the above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
CLERK’S NOTE: ITEM 5.H WAS MOVED UP AND HEARD BEFORE ITEM 5.A.
BUT IS PLACED ON PAGE 5 FOR CONTINUITY.
A. PRESENTATION OF PROCLAMATION HONORING THE VERO
BEACH HIGH SCHOOL GIRLS LACROSSE TEAM
Commissioner Lowther read and presented to Coach Shannon Dean the Proclamation
Honoring the Vero Beach High School Girls Lacrosse Team.
Marissa Higgins
Team member thanked and presented the Board with a signed poster of
the 2006 Florida State Championship Girls Lacrosse Team.
B. PRESENTATION OF PROCLAMATION HONORING THE SEBASTIAN
RIVER HIGH SCHOOL BOYS BOWLING TEAM
Commissioner Davis read and presented to Coach Jeffrey Plate, the Proclamation
Honoring the Sebastian River High School Boys Bowling Team. He also congratulated them on a
job well done.
Jeffrey Plate
, Coach of Sebastian River High School Boys Bowling Team, on behalf of
Dr. Jones and the Athletic Director who could not attend, was honored with the accomplishment of
the team and promised to be back next year.
May 16, 2006 2
C. PRESENTATION OF PROCLAMATION DESIGNATING MAY 14 – 20,
2006 AS EMERGENCY MEDICAL SERVICES WEEK
Vice Chairman Wheeler read and presented to Brian Burkeen the Proclamation
Designating May 14-20, 2006 as Emergency Medical Services Week.
Brian Burkeen
, Emergency Medical Services Chief, lauded the efforts of his co-workers
and thanked everyone, on behalf of EMS members, for this recognition.
D. PRESENTATION OF PROCLAMATION DESIGNATING THE WEEK OF
MAY 22 – 29, 2006 AS NATIONAL BEACH SAFETY WEEK
The Chairman read and presented to John Frazier the Proclamation Designating the Week
of May 22-29, 2006 as National Beach Safety Week.
John Frazier
, Indian River Lifeguard Captain, thanked everyone and implored
parents/guardians to be more attentive to their children’s safety.
E. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH
OF MAY 2006 AS FOSTER FAMILY APPRECIATION MONTH
Commissioner Bowden read and presented to Rossana Gonzalez, the Proclamation
Designating the Month of May 2006 as Foster Family Appreciation Month.
Rossana Gonzalez
, Foster Care Recruitment Specialist, Hibiscus Children’s Center,
thanked everyone on behalf of the Center, and encouraged others to be foster parents. She noted
that District 15 is in a crisis situation and is in need of foster homes.
Chairman Neuberger thanked Ms. Gonzalez for their service to the community.
May 16, 2006 3
F. PRESENTATION OF PROCLAMATION HONORING LLOYD PARKER
ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS
The Chairman read into the record the Proclamation Honoring Lloyd Parker on his
Retirement from Indian River County Board of County Commissioners. He presented Mr. Parker
with the Award honoring him for 17 years of service to the County.
Mr. Parker
said he enjoyed his service, and thanked all for the opportunity to serve.
G. PRESENTATION BY RAYMOND G. CONIGLIO, GLOBAL
RENEWABLE ENERGY, LLC, REGARDING UTILIZATION OF
HYDROGEN AS FUEL FOR MARINE VESSELS AND MUNICIPAL
FLEET VEHICLES
Raymond Coniglio
of Sebastian and representing Global Renewable Energy LLC,
thanked the Board for the opportunity to speak. Global Energy, started by Dr. Harold Brooks,
proposes to eventually produce, store, and distribute a high quality of hydrogen at a very
inexpensive rate. Mr. Coniglio gave an overview of the operations and future plans of the
company. He anticipates the benefits of reducing pollution and cost of fuel eventually as well as
the economic boost it could bring to communities if we go forward. He sought the Board’s
cooperation in the use of a couple County vehicles to conduct tests. They plan to retrofit the
vehicles with their gasifier and run tests; County staff would provide data on mileage and amount
of fuel used; and, Florida Institute of Technology (FIT) would do the recording of information.
Global Energy will assume all liabilities and provide people to do the installation.
County Administrator Joseph Baird said staff is very interested and thinks it is a good thing
to coordinate with anyone carrying a new product like this, especially locally. He would not have a
problem offering three or four of our vehicles for them to run tests as long as they have the liability.
Mr. Coniglio
, in response to the Chairman’s question where does the hydrogen come
from, stated that is a very simple process; it can be made from just about anything and they make it
from water. It is an electrolyzation process, which electrolyzes the water and produces hydrogen.
Discussion among Board members and Mr. Coniglio ensued regarding the cost difference
between gasoline and hydrogen, and how to convert to ethanol.
Administrator Baird offered to get an agreement in place offering a few cars for testing.
May 16, 2006 4
H. PRESENTATION BY SHERRY HAMLIN, EXECUTIVE DIRECTOR OF
KEEP INDIAN RIVER BEAUTIFUL (KIRB), TO CHAIRMAN
NEUBERGER FOR PARTICIPATION IN KIRB SWEEPS CHALLENGE
CLERK’S NOTE: THIS ITEM WAS MOVED UP AND HEARD BEFORE ITEM 5.A
AND IS PLACED HERE FOR CONTINUITY.
Sherry Hamlin
, Executive Director of KIRB, recalled the challenge presented to the
Board a few weeks ago where elected officials would coordinate teams and go out and clean up
litter in the community. Among the participants representing the County were the City of
Sebastian, Vero Beach and Indian River Shores. Ms. Hamlin presented Chairman Neuberger with
st
the 1 Place Award and thanked him for his participation in and contribution to the KIRB Sweeps
Challenge.
Chairman Neuberger thanked Ms. Hamlin and said they had a great team from Coldwell
Bankers, who coordinated the team, and picked up over 150 bags of trash between I-95, along
CR512 to CR510 and beyond.
Ms. Hamlin
thanked and introduced Carolyn Corum who was responsible for coordinating
the agents. She also thanked major benefactors, SouthStar Development Partners, Brackett & Co.
st
and Pointe West. She presented the trophy and 1 Place check of $1,352.25 to Chairman
Neuberger.
Chairman Neuberger presented his check to the charity of choice, Habitat for Humanity.
Mr. Andy Bowler
accepted the check on behalf of Habitat for Humanity. He thanked the
Chairman and took the opportunity to thank all Commissioners for approving, at the last BCC
meeting, the SHIP and HHR relief funds. The Chairman was then presented with a plaque.
6. APPROVAL OF MINUTES
A. REGULAR MEETING OF APRIL 4, 2006
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of April 4, 2006. There were none.
ON MOTION by Commissioner Bowden,
SECONDED by Commissioner Davis, the Board
May 16, 2006 5
unanimously approved the Minutes of the Regular
Meeting of April 4, 2006, as written.
B. REGULAR MEETING OF APRIL 11, 2006
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of April 11, 2006. There were none.
ON MOTION by Commissioner Bowden,
SECONDED by Commissioner Davis, the Board
unanimously approved the Minutes of the Regular
Meeting of April 11, 2006, as written.
7. CONSENT AGENDA
Commissioner Lowther asked to pull for discussion Items 7.M, 7.T and 7.Y.
Commissioner Wheeler asked to pull for discussion Items 7.T, 7AA and 7BB.
7.A. REPORTS PLACED ON FILE IN THE OFFICE OF CLERK TO THE
BOARD:
1. AGSF;FBF
UDITOR ENERAL TATE OF LORIDA LORIDA RIGHT UTURES
SPFYE6/30/05.
CHOLARSHIP ROGRAM ND
2. DFWCDBFY2006/2007
ELTA ARMS ATER ONTROL ISTRICT UDGET FOR
7.B APPROVAL OF WARRANTS
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 the period April 21,
2006 to April 27, 2006, as requested in the
memorandum of April 27, 2006.
7.C. APPROVAL OF WARRANTS
May 16, 2006 6
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 the period April 28,
2006 to May 4, 2006, as recommended in the
memorandum of May 4, 2006.
7.D. APPOINTMENT TO THE TOURIST DEVELOPMENT COUNCIL (TDC)
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Wheeler, the Board
unanimously approved the appointment of Mrs.
Sheryl Koenes as the Owner/Operator Tourist
Accommodations on the Tourist Development
Council (TDC), as recommended in the
memorandum of May 2, 2006.
7.E. APPOINTMENT TO THE TOURIST DEVELOPMENT COUNCIL (TDC)
The Board noted the change, by the City of Vero Beach, of Mayor Tom White from the
Tourist Development Council to Councilmember Debra Fromang.
7.F. APPOINTMENT OF ALTERNATE ON THE LAND ACQUISITION
ADVISORY COMMITTEE
The Board noted, for the record, the appointment of Kathleen Schulke by the Indian River
Land Trust to be Toni Robinson’s alternate on the Land Acquisition Advisory Committee
(LAAC), replacing Ken Grudens.
7.G. RESOLUTION OF SUPPORT FOR THE MARINE RESOURCES
COUNCIL
May 16, 2006 7
The Board noted, for the record, Resolution 2006-063, adopted May 2, 2006, in Support for
the Marine Resources Council’s application for a grant to purchase property along the St.
Sebastian River.
7.H. PROCLAMATION DESIGNATING MAY 10, 2006 AS WORLD LUPUS
DAY
The Chairman read into the record the Proclamation Designating May 10, 2006 as World
Lupus Day.
7.I. GIFFORD YOUTH ACTIVITY CENTER, INC. REQUEST FOR
REIMBURSEMENT, LEASE AGREEMENT – MAINTENANCE AND
REPAIRS
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Wheeler, the Board
unanimously approved reimbursement to the Gifford
Youth Activity Center (GYAC) to cover lighting
repair costs at GYAC in the amount of $2,076.23, as
recommended in the memorandum of May 1, 2006.
7.J. REQUEST FOR AUTHORIZATION FOR THE COMMUNITY
DEVELOPMENT DIRECTOR OR HIS DESIGNEE TO EXECUTE
APPROPRIATE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
AND HURRICANE HOUSING RECOVERY (HHR) AGREEMENTS
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Wheeler, the Board
unanimously approved Resolution 2006-064
authorizing the Community Development Director
or his designee to execute State Housing Initiatives
Partnership (SHIP) and Hurricane Housing
Recovery (HHR) Agreements with applicants
approved by the Affordable Housing Loan Review
Committee.
May 16, 2006 8
7.K. APPROVAL OF BID AWARD FOR IRC BID # 2006072 STATIONARY
GENERATOR ELECTRICAL TIE IN – UTILITIES DEPARTMENT /
WASTEWATER TREATMENT DIVISION
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Wheeler, the Board
unanimously approved awarding the Bid to Ion, Inc.,
as the lowest most responsive and responsible bidder
meeting the specifications as set forth in the
Invitation to Bid, and as recommended in the
memorandum of April 26, 2006.
RD
7.L. 43 AVE SUB COMPLEX – CHANGE ORDER #2 (CHILBERG
CONSTRUCTION)
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Wheeler, the Board
unanimously approved Change Order No. 2
($952.21) and authorized the County Administrator
to execute the approved Change Order, as
recommended in the memorandum of May 8, 2006.
CHANGE ORDER NO. 2 ON FILE IN THE OFFICE OF THE CLERK TO BE BOARD
7.M. APPROVAL OF BID AWARD FOR IRC BID #2006071 FOR THE
PURCHASE OF TWO (2) 20,000 LB VEHICLE LIFTS. FLEET
MANAGEMENT DEPARTMENT & EMERGENCY SERVICES
DEPARTMENT
Commissioner Lowther inquired whether this was something we could utilize; if it would
be able to withstand lifting fire trucks of 20,000 lbs; and, what was the purpose of it.
Administrator Baird did not believe it could lift that weight. He felt they could postpone
this and he could look into it and come back with some insight.
May 16, 2006 9
Commissioner Davis, although not sure of the total weight capacity the School District
uses to lift buses, thought it should be of size for trucks anyhow. He hoped we have enough to
justify owning our own; and/or we may be better off working out an Interlocal Agreement with the
School District to use their lift.
Discussion ensued regarding the length and size of fire trucks and the ability to do this lift.
Public Works Director Jim Davis informed that the standard legal load for axle weight is
18,000 lbs. If a fire truck is a legal vehicle in the State of Florida then it could lift it.
Administrator Baird again suggested discussions and decisions on this item be postponed
for a later date when he could return with more information.
This Item was POSTPONED for one week.
7.N. AMENDMENT NO. 2 TO THE EXISTING CONTRACT FOR UTILITY
BILLING SERVICES AGREEMENT
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Wheeler, the Board
unanimously approved the Second Amendment to
the Utility Billing Services Agreement with SunGard
Business Systems, Inc., and authorized the Chairman
to execute same, as recommended in the
memorandum of April 19, 2006.
AMENDMENT ON FILE IN THE OFFICE OF CLERK TO THE BOARD
7.O. STIPULATION FOR SETTLEMENT; LINDA ROSS V. INDIAN RIVER
COUNTY
May 16, 2006 10
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Wheeler, the Board
unanimously approved the Stipulation for Settlement
and authorized the Chairman to execute the
Agreement, as recommended in the memorandum of
May 1, 2006.
COPY OF AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.P. OSLO ROAD/LATERAL “J” CANAL BRIDGE REPLACEMENT,
CONTRACT AMENDMENT – COMPANY NAME CHANGE
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Wheeler, the Board
unanimously approved the contract amendment to
change the name of Lucas Marine Construction, Inc.,
to Lucas Marine Construction, LLC, as
recommended in the memorandum of April 28,
2006.
7.Q. HURRICANE DEBRIS REMOVAL CONTRACT – OMNI PINNACLE,
LLC, INDIAN RIVER COUNTY BID #7076, RELEASE OF RETAINAGE
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Wheeler, the Board
unanimously approved the release of total retainage
in the amount of $52,528.62, as recommended in the
memorandum of May 9, 2006.
7.R. CONTINUING PROFESSIONAL SURVEY SERVICES CONTRACT 0390,
WORK ORDER NO. 3 (ENGINEERING), MASTELLER, MOLER, REED
& TAYLOR, INC. DESIGN/TOPOGRAPHIC SURVEY FOR PROPOSED
TH
COUNTY ROAD 512, PHASE V, I-95 TO WILLOW STREET (130
AVENUE) IRC PROJECT NO. 0445 – RELEASE OF RETAINAGE
May 16, 2006 11
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Wheeler, the Board
unanimously approved the release of final payment
plus retainage in the amount of $7,239.85 to
Masteller, Moler, Reed & Taylor, Inc., as
recommended in the memorandum of May 2, 2006.
7.S. REQUEST FOR FLOODPLAIN CUT AND FILL BALANCE WAIVER
ND
FOR LOT 7, BLOCK 13, VERO LAKE ESTATES UNIT 2 AT 8325 92
AVENUE
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Wheeler, the Board
unanimously approved Alternative No. 1, granting
Perugini Construction, Inc., the cut and fill waiver
based on the criteria of Section 930.07(2)(d)4 of the
Stormwater Management and Flood Protection
Ordinance, as recommended in the memorandum of
May 8, 2006.
7.T. SLAB REMOVAL AGREEMENT WITH DIVOSTA BUILDING
CORPORATION
Commissioner Lowther understood the concept of the request but felt we were changing
the rules because DiVosta wants to do a mass slab, and he had a problem with that. He believed we
were setting bad precedents when we go against our rules and regulations.
Chairman Neuberger thought it would make it easier on us.
Community Development Director Bob Keating agreed with the Chairman. He explained
the before and after process of pouring a slab as well as the benefits of approving DiVosta’s
request. He felt the builder has a good track record and supported their request. He also noted the
cash escrow of $100,000.00, which would guarantee removal and replacement of poured slab not
meeting the County’s requirements.
May 16, 2006 12
Discussion among staff and the Board covered survey and inspection of steel. Director
Keating explained that they would have a sealed survey and the surveyor would be liable for any
inconsistencies.
Rick Ring
, Vice President, Divosta Building Corporation, explained the pace of
production. For example, they had 50 days in which to do a house, therefore time was of the
essence.
Assistant County Attorney William DeBraal inputted that the Board could also consider
that we currently allow private inspectors to sign off on different jobs where County inspectors
would never set foot on the site and this would be a similar situation. Furthermore, DiVosta was
vouching that they would meet the current standards in the building codes, especially during
hurricanes.
ON MOTION by Commissioner Bowden,
SECONDED by Commissioner Davis, the Board
unanimously approved and authorized the Chairman
to execute the Slab Removal Agreement with
DiVosta Building Corporation and the $100,000
Cash Escrow Agreement to secure its performance,
as recommended in the memorandum of May 8,
2006.
AGREEMENT ON FILE IN THE OFFICE OF CLERK TO THE BOARD
U. HUD GRANT RENEWALS ON BEHALF OF THE TREASURE COAST
HOMELESS SERVICES COUNCIL, INC.
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Wheeler, the Board
unanimously approved the request to allow the
Treasure Coast Homeless Services Council to submit
the grants on behalf of the County and authorized the
Chairman to execute the applications, as
recommended in the memorandum of May 9, 2006.
COPIES OF APPLICATIONS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
V. CR 512, I-95 TO ROSELAND ROAD – IRC PROJECT NO. 9611,
ADDENDUM #8, TASK C, REQUEST FOR FINAL RELEASE OF
RETAINAGE
May 16, 2006 13
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Wheeler, the Board
unanimously approved the release of retainage to
Masteller & Moler, Inc., for Addendum No. 8 – Task
C in the amount of $2,865.00 for the CR 512, 1-95 to
Roseland Road IRC Project No. 9611, as
recommended in the memorandum of May 8, 2006.
W. REQUEST FOR FLOODPLAIN CUT AND FILL BALANCE WAIVER
FOR LOT 2, BLOCK 19, VERO LAKE ESTATES UNIT 4
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Wheeler, the Board
unanimously approved Alternative No. 1, granting
Kristi Wheatley the cut and fill balance waiver based
on the criteria of Section 930.07(2)(d)4 of the
Stormwater Management and Flood Protection
Ordinance, as recommended in the memorandum of
May 1, 2006.
X. CR 512, I-95 TO ROSELAND ROAD – IRC PROJECT NO. 9611,
ADDENDUM #7, TASK A&B, REQUEST FOR FINAL RELEASE OF
RETAINAGE
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Wheeler, the Board
unanimously approved the release of the retainage
for Addendum No. 7 – Task A in the amount of
$1,855.00 and for Task B in the amount of $1,001.00
for CR 512, I-95 to Roseland Road IRC Project No.
9611, for Masteller & Moler, Inc., as recommended
in the memorandum of May 8, 2006.
Y. APPROVAL OF MALCOLM PIRNIE, INC. AGREEMENT FOR
PROFESSIONAL SERVICES AND WORK ORDER NO. 2-RR FOR THE
ROCKRIDGE SUBDIVISION SURGE PROTECTION PROJECT
May 16, 2006 14
Commissioner Lowther had particular interest in this item because he has been involved in
restoration efforts for the Rockridge area since the hurricanes. He urged staff to speed up the
process in any way possible.
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Wheeler, the Board
unanimously approved and authorized the Chairman
to execute Work Order No. 2-RR with Malcolm
Pirnie, Inc. in the amount of $91,440.00, as
recommended in the memorandum of May 9, 2006.
WORK ORDER NO. 2-RR ON FILE IN THE OFFICE OF CLERK TO THE BOARD
Z. ACCEPTANCE OF NEW PROPOSED ITEMS FOR COST SAVINGS FOR
THE NEW COUNTY ADMINISTRATION BUILDINGS
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Wheeler, the Board
unanimously accepted the proposed expenses and
credits and authorized the County Administrator to
execute the appropriate Change Orders with Turner
Construction Co., which will then result in an
increase to the Owner’s Contingency in the amount
of $90,336, as recommended in the memorandum of
May 10, 2006.
CHANGE ORDER NO. 9 ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.AA CJM COMMUNITIES, INC’S REQUEST FOR EXTENSION OF SITE
PLAN APPROVAL FOR A MULTI-FAMILY RESIDENTIAL
DEVELOPMENT TO BE KNOWN AS BELLA VISTA ISLES
May 16, 2006 15
Commissioner Wheeler questioned whether the granting of this extension required that a
new permit be issued; what requirements needed to be changed, if any; or, was it all already
covered? He wanted to see everything already up-to-date.
Planning Director Stan Boling explained that for both of these applications the site plan
extension requests are under the current requirements in place today. He further explained in
detail the buffers, proposed walls, and planting densities that would have to be increased to meet
proposed requirements.
Commissioner Wheeler preferred to see this brought up to current standards than coming in
under the old standards.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Lowther for
discussion, to have CJM get a new permit under the
new regulations, under the standards adopted today,
with conditions.
Attorney DeBraal cautioned that that might be difficult because the Board had not passed
the new requirements yet. He also did not think the Board would have authority to tell an applicant
to adhere to laws that have not yet been passed. It would have to be a voluntary action on the
applicant’s part.
Commissioner Wheeler suggested they table this item for three weeks until laws are in
place.
Attorney DeBraal put another consideration to the Board - whether the Board traditionally
granted these sorts of requests without question. He did not think it would be fair to hold CJM’s
project to the new standards when we have treated other developers differently.
Discussion continued regarding expiration of the permit and whether it is a quasi-judicial
matter. Attorney DeBraal affirmed that it was a discretionary matter that the Board may have and
not quasi-judicial.
Clarification was sought on the Motion. Commissioner Lowther said that if Commissioner
Wheeler’s Motion was to have them bring this up to current standards and the applicant does not
have to start the process all over again then he would keep his “second”.
May 16, 2006 16
Attorney DeBraal again opined that he did not think the Board would be able to make CJM
come up to new standards that they have not passed. If the Board denied the extension, thereby
forcing them to bring their project up to the new standards via a new application, their argument
would be you are treating us differently than you treated others before us.
Discussion ensued on whether it is unfair to give an extension.
Joseph Paladin,
Chairman, Growth Awareness Committee (GAC) \[a private sector
group\], related that he has been working with CJM communities making sure requirements come
up to Growth Awareness Committee’s expectations. CJM have agreed to make the A&B type
buffers where they can; they have got sidewalks on both sides of the road; they have agreed
voluntarily to meet all the requirements and they have asked GAC to look at their plans. They
have come up with those standards in most cases, if not all, and exceeded them in some. Mr.
Paladin felt comfortable with the plans they showed him. The landscaping they have laid out is
very dense and high-end. They are willing to do whatever they can to satisfy us.
Commissioner Lowther inquired whether they were willing to do what Commissioner
Wheeler is proposing. Mr. Paladin answered, “Yes”.
Attorney DeBraal offered more pointers for the Board to consider for a site plan extension
approval: (1) First, the effect any delay in the proposed project construction and completion has
on the concurrency management system; and (2) the impacts of having any new and existing
regulations applied to the project. The Board of County Commissioners may attach conditions to a
site plan extension approval that further the intent and purpose or satisfy the requirements of any
comprehensive plan policies or land development regulations.
Charles Siemon
, 433 Plaza Real, Boca Raton, Counsel to CJM, spoke in support of his
client’s application. He noted that a rejection or denial of the application would have draconian
impacts on their financial ability to perform on this. The delay in going back through the site plan
process, given the progress of this application; working diligently with staff who has other
obligations to meet, would have a significant adverse impact on them. He urged the Board to
approve the extension and let them continue to work with the community.
David Ofstein
, CJM Director of Planning and Land Development, has been working on
some of these permits, with the City, before the site plan went in. Timing is critical to their being
able to perform immediately. He related how they were delayed, in particular when they were
issued a storm-water permit which prevented them from clearing the land only three weeks before
the site plan expired, which had been submitted a year before. They have all the permits and final
construction documents; the land clearing has begun; and, they have taken reservation deposits.
Mr. Ofstein requested the Board to permit them to work under the current site plan and said if
denied they would be faced with devastating financial hardships.
May 16, 2006 17
Mr. Ofstein
Questioned whether they would comply with the new regulations, was not
aware of all the new regulations, but understood that they have some dimensional constraints on
the boundary of their property that may cause a significant complete re-design for their ability not
to be able to develop the site.
In response to Attorney DeBraal’s question of whether there were any conditions that they
Mr. Paladin
absolutely could not meet, interjected that they could find a way, under the new
LDR’S, to meet the requirements by using different types of landscaping. He was most impressed
because CJM had approached the GAC and asked them to add input to what they were doing,
before any changes were made.
Commissioner Lowther wanted to withdraw his second to the Motion and present a new
Motion to approve staff’s recommendations with the crosshairs on Mr. Paladin.
Mr. Ofstein
explained to Commissioner Bowden that they now have all 21 permits
including site plans.
Discussion ensued regarding the Motion.
Commissioner Wheeler WITHDREW his Motion.
Motion DIED.
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
unanimously approved staff’s recommendation to
grant CJM Communities, Inc.’s request for a
one-year extension of the conditional site plan
approval for Bella Vista Isles with all original
approval conditions to remain in effect. The new site
plan approval expiration date will be April 28, 2007,
as recommended in the memorandum of May 9,
2006.
Commissioner Bowden wanted the record to reflect that she is looking to see how Mr.
Paladin will perform, in that, he has given them his word and is supporting CJM’s request. She
told Mr. Paladin that this was “our test case” and they would wait to see how he performs. Mr.
Paladin so noted.
May 16, 2006 18
7.BB TOUSA HOMES’ REQUEST FOR EXTENSION OF SITE PLAN
APPROVAL FOR A MULTI-FAMILY RESIDENTIAL DEVELOPMENT
TO BE KNOWN AS HERITAGE GROVE
Bob Raines,
Esquire, stated that his client, Tousa Homes, filed a timely application before
the permit expired; was issued the permit; and, they have a site plan that meets requirements. He
asked the Board to grant his client’s request for an extension.
Mr. Raines,
in response to the Chairman’s comments about honoring future regulations as
well, and not only current ones, said the problem would be trying to honor those with the design
they have without redesigning the project.
“What is lacking in this over our new proposed ordinance”, Commissioner Wheeler asked.
Planning Director Stan Boling explained that it was difficult looking at it. Like the other project
they would meet the recreation open space requirement, the stormwater requirements, curbing
requirements, and the main difficulty would be to meet the planting density requirement for type
“B” buffer along the perimeters. They have the room to do it and staff would have to look at the
details of their wall proposals, which he thinks meet the variation criteria.
Discussion ensued regarding sidewalk variation and buffers.
Mr. Raines
noted that his client is willing to work with staff to try to meet the requirements
to the extent they can without design change and without affecting permitting.
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Davis, the Board
unanimously approved Tousa Homes’ request for a
one-year extension of the conditional site plan
approval for Heritage Grove with all conditions to
remain in effect. The new site plan approval
expiration date will be February 24, 2007, as
requested in the memorandum of May 3, 2006.
THE CHAIRMAN CALLED A SHORT RECESS AT 10:21A.M. FOR CLOSED CAPTIONING PURPOSES
THE MEETING RECONVENED AT 10:29 A.M.
May 16, 2006 19
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
9. PUBLIC ITEMS
9.A. PUBLIC HEARINGS
9.A.1. CPAM-F
ONSIDERATION OF ROPOSED MENDMENTS TO THE ULTIAMILY
ZDRLDR911.08(L)
ONING ISTRICT EQUIREMENT OF EGISLATIVE
PROOF OF PUBLICATION OF ADVERTISEMENT FOR PUBLIC HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling recalled the Board’s adoption, last September, of
requirements that apply to new developments, single-family subdivisions. By use of overhead
projection he reviewed staff’s proposal as presented in the memorandum of May 9, 2006 (copy on
file). In concluding Mr. Boling made two points: (1) that multi-family developments differ
sometimes from standard conventional single-family developments and so there is a little more
variation in the layout and design; and (2) they do occasionally have some smaller multi-family
developments (duplexes and triplexes) on smaller lots and parcels and those particular small
projects are exempted from several of these regulations. He recommended the Board adopt the
ordinance as presented.
The Chairman opened the public hearing.
Joseph Paladin
, Chairman, Growth Awareness Committee (a private sector group) said,
with the LDR, they did three things: (1) they tried to make sure they increase buffers and
regulations so subdivisions would look good from the outside; (2) they did a lot with sidewalks and
green space on the interior of subdivisions; and (3) they had discussion at Planning & Zoning
about landscaping and irrigation. They allowed for natural landscaping to be included where there
is temporary irrigation. That was important to reach the desired level of acceptance.
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
May 16, 2006 20
unanimously adopted Ordinance 2006-014
concerning amendments to Land Development
Regulations (LDRs); providing findings; providing
for amendments to Chapter 911, Zoning, by
amending required improvements Section 911.08(6),
by amending required buffer yards Section
911.08(8), by providing for repeal of conflicting
provisions; codification; severability; and effective
date.
9.A.2. CPALDRS
ONSIDERATION OF ROPOSED MENDMENTS TO ECTIONS
911.09(4)971.41(10):AS-FD
AND LLOWING INGLEAMILY WELLINGS AND
AS-FDMH
CCESSORY INGLEAMILY WELLINGS IN THE OBILE OME
D(L)
ISTRICTS EGISLATIVE
PROOF OF PUBLICATION OF ADVERTISEMENT FOR PUBLIC HEARINGS IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling gave an overview on zoning for single-family, multi-family
and mobile home districts. Most mobile home districts are mobile home parks but there are also
some subdivisions that are in mobile home zoning districts. After the 2004-2005 hurricanes some
residents and property owners in mobile home districts, on individual lots, asked that they be
allowed to rebuild with single-family homes. The Board approved the rezoning of those properties
to ROSE-4 to allow for single-family homes. Residents from Countryside wanted to make sure
this Ordinance would not affect mobile home parks where spaces are rented or leased; and, would
only apply to individual properties that are zoned mobile home, which is the case. He asked the
Board to approve staff’s recommendation.
Commissioner Wheeler had a few questions: (1) does this apply to lots that are platted and
lots that are owned by someone; (2) what would mobile home parks have to go through to apply to
build on lots; and (3) how well protected are these people from eviction.
Director Boling did not believe a new ordinance would affect what may or may not happen,
and felt there were other laws which the County Attorney might be able to better explain, in
particular, what they would be able to convert.
Attorney DeBraal explained the process of conversion, which includes notices being sent
out, and giving homeowners the opportunity to move their homes. There is also an allowance
May 16, 2006 21
made depending on the size and age of the home. He felt this ordinance would not protect them,
and would not really affect mobile home parks that are not divided up into lots, because the
individual does not own the lot; he simply owns the home that sits on it.
Director Boling thought the answer was to go through the process. For example, for an
existing mobile home park they would have to meet State Statutes for re-developing, and they
would have to come through the County’s process to make use of what the zoning district allows.
Attorney DeBraal confirmed.
Commissioner Davis questioned whether anyone knew we would be creating some
non-conforming uses by not having the minimum square footage of the ROSE 4 zoning; perhaps in
place over something that’s currently a RMH-8 and therefore having them come in to do a bricks
and mortar building, but not being able to because they do not meet the setbacks because of a
non-conforming lot at that time.
Director Boling was not familiar with any RMH-8 zoned areas where they do have lots or
legal parcels that are that small and would be affected by that.
The Chairman opened the public hearing.
th
Fred Mensing
, 7580 129 Street, who lives contiguous to the ROSE-4 zoning, recalled
how four (4) people put up high-class modulars in the community because their mobile homes
were destroyed. It seemed to work well. Mr. Mensing thought it was a step ahead and urged the
Board to go through with it.
Nancy Offut
, Treasure Coast Builders Association, spoke in favor of the proposal. She
thought it was a step in the right direction and a trend that was happening all over the Treasure
Coast. She urged the Board to support it.
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
unanimously adopted Ordinance 2006-015
concerning amendments to Land Development
Regulations (LDRs); providing findings; providing
for amendments to Chapter 911, Zoning, and 971,
May 16, 2006 22
Regulations for specific land uses, by amending uses
Section 911.09(4), by amending residential uses
Section 971.41(10), by providing for repeal of
conflicting provisions; codification; severability;
and effective date.
9.A.3. CJMC,I.’RESP
OMMUNITIES NCS EQUEST FOR XTENSION OF ITE LAN
AM-FRD
PPROVAL FOR A ULTIAMILY ESIDENTIAL EVELOPMENT TO BE
BVI
KNOWN AS ELLA ISTA SLES
This item was inadvertently placed under Public Hearing and has been moved to Item
7.AA under Consent Agenda.
9.A.4. TH’RESPA
OUSA OMES EQUEST FOR XTENSION OF ITE LAN PPROVAL FOR A
M-FRDKH
ULTIAMILY ESIDENTIAL EVELOPMENT TO BE NOWN AS ERITAGE
G
ROVE
This item was inadvertently placed under Public Hearing and has been moved to Item 7.BB
under Consent Agenda.
9.A.5. PHCRDF
UBLIC EARING TO ONSIDER EVENUE ISTRIBUTION ORMULA FOR
6LOGT(A)
OCAL PTION AS AX DMINISTRATIVE
PROOF OF PUBLICATION OF ADVERTISEMENT FOR PUBLIC HEARINGS IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Public Works Director Jim Davis explained that every two years, by County Code, the
Board is required to hold a public hearing to consider the distribution formula with the
municipalities and the County for the local option gas tax. He sent letters to municipalities
informing them of the public hearing, requesting that they submit their list of parameters, lane
miles of road, and transportation expenditure so he could input that information into the formula
that they have used for over 15 years to distribute the money to the cities. Our Consultant has
recommended we increase the gas tax as in the case of St. Lucie County. He asked the Board to
consider staying with the formula used over the years for local option gas tax.
May 16, 2006 23
The Chairman opened the public hearing.
Renee Renzi
, Waverly Place, asked for clarification on whether it was 6 cents or 6 percent
local option gas tax.
Director Davis explained that it is 6 pennies on the gallon, not percent.
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
unanimously approved that the existing formula be
retained and approved the 2006/2007 revenue
distribution percentages, as recommended in the
memorandum of May 9, 2006.
9.B. PUBLIC DISCUSSION ITEM
9.B.1. RSACRC’
EQUEST TO PEAK FROM DRIENE UFFE EGARDING OUR OUNTYS
CPRFC
OMP LAN IN ELATION TO THE UTURE OF OUR OUNTY AND ITS
D
EVELOPMENT
This Item was deferred. Ms. Adrienne Cuffe was not present.
9.B.2. RSFMRP129
TH
EQUEST TO PEAK FROM RED ENSING EGARDING AVING
S
TREET
Fred Mensing
, through an overhead projection map, illustrated areas of concern along
th
129 Street; in particular, Chris Kerrie’s factory, which sits on a 14-acre site. Mr. Mensing
complained of the dust problems the residents have been encountering over the years. He stated
that Mr. Kerrie has violated various State Laws for which he could be fined, and asked the Board to
look into using the medium of his violations of Code as a method to have Mr. Kerrie fund the
paving of the Street.
May 16, 2006 24
th
Director Davis updated the Board on the plans for 129 Street. There was once a petition
from residents of 129 Street to pave it. However, the property has changed hands since and he has
had very few complaints, except in the rainy season. He was not privy to truck traffic and was not
sure they would support a petition paving it as the cost has gone up.
Discussion ensued regarding culverts and drainage and whether it was under County code
enforcement or the City of Sebastian. Director Keating said staff has been working with Mr.
Mensing and Mr. Kerrie pursuing some issues near Mr. Kerrie’s new site in the unincorporated
area and Mr. Kerrie was getting clearing permits for that. Also, Code Enforcement staff is looking
at Mr. Kerrie’s other site, the lead manufacturing plant site, to determine whether there has been
un-permitted construction activity there. They are waiting to hear back from Mr. Kerrie and an
ongoing investigation is proceeding.
NO ACTION REQUIRED OR TAKEN.
9.C. PUBLIC NOTICE ITEMS
9.C.1.NOTICEOFSCHEDULEDPUBLICHEARINGITEMSMAY23,2006:
A. IRC’RSE
NDIAN IVER OUNTYS EQUEST FOR PECIAL XCEPTION USE
NCWTP
APPROVAL TO EXPAND THE ORTH OUNTY ATER REATMENT LANT
NC58A/77S
THTH
LOCATED AT THE ORTHWEST ORNER OF THE VENUE TREET
I(Q-J)
NTERSECTION UASIUDICIAL
B. AMD,LLC’RPD(PD)
EVELOPERS S EQUEST FOR LANNED EVELOPMENT
SEUPPDP/PA
PECIAL XCEPTION SE AND RELIMINARY LANLAT PPROVAL
ME,49TPD
FOR ILANO STATES A OWNHOME LANNED EVELOPMENT TO BE
LSSSR60E71A
ST
OCATED ON THE OUTH IDE OF AST OF VENUE
(L)
EGISLATIVE
May 16, 2006 25
C. KC’RA10’WAL
EN HAPINS EQUEST FOR BANDONMENT OF A IDE LLEY YING
IW126C(L)
TH
MMEDIATE EST OF OURT EGISLATIVE
D. WS.K’RA
ORTHINGTON EVILLES EQUEST FOR AN BANDONMENT OF A
P13SLIE32A
THND
ORTION OF TREET YING MMEDIATELY AST OF VENUE
(L)
EGISLATIVE
Executive Aide Kimberly Massung read the notices into the record.
10. COUNTY ADMINISTRATORS MATTERS - NONE
11. DEPARTMENTAL MATTERS
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
11.I. PUBLIC WORKS
May 16, 2006 26
11.I.1. SR60&58AR--WASW
TH
VENUE IGHT OFAY CQUISITION ERVICES ORK
ON.4
RDER O
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Wheeler, the Board
unanimously approved the Professional Services
Agreement with American Acquisition Group, LLC
and authorized the Chairman to execute same as
written, and as recommended in the memorandum of
May 4, 2006.
WORK ORDER NO. 4 ON FILE IN THE OFFICE OF CLERK TO THE BOARD
11.I.2. PESA,CR512C
ROFESSIONAL NGINEERING ERVICES GREEMENT ORRIDOR
I–IRCPN.9611,AN.9(M
MPROVEMENTS ROJECT O DDENDUM O ASTELLER
&M,I.)
OLER NC
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved Addendum No. 9 for a lump
sum cost of $4,825.00 with Masteller & Moler, Inc.,
as recommended in the memorandum of May 1,
2006.
ADDENDUM NO. 9 ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.3. R/RWCFP
EPAIREPLACEMENT OF THE ABASSO AUSEWAY ISHING IERS
H&HLLPWOHH-1
ARDESTY ANOVER ORK RDER
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Davis, the Board
unanimously approved Work Order HH-1 with
Hardesty & Hanover LLP in the amount of
$20,155.87 for the preparation of contract bid
May 16, 2006 27
documents to repair/replace the fishing piers, as
recommended in the memorandum of May 9, 2006.
Commissioner Davis commented on a boat in the area, on the east side of the lower span of
the Wabasso Causeway that has been there since “the hurricane”. He wanted to know what could
be done about it.
Director Jim Davis thinks the Florida Inland Navigation District (FIND) has a derelict
vessel removal program and he could get with Executive Director David Roach to work on getting
the boat removed.
WORK ORDER NO. HH-1 ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.4. BBD’AD
LUEWATER AY EVELOPERS GREEMENT FOR EVELOPER
CRICR510
ONTRIBUTIONS TO OADWAY MPROVEMENTS ALONG AND
NI
EARBY NTERSECTIONS
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved the Developer’s Agreement
with 510 Group LLC in the amount of $475,000.00,
as recommended in the memorandum of April 26,
2006.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J. UTILITIES SERVICES
May 16, 2006 28
11.J.1. ABASAIRCB
PPROVAL OF ID WARD AND AMPLE GREEMENT FOR ID
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TH
VENUE ORCE AIN OOP ONNECTION OUTH OF
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TILITIES EPARTMENT
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Wheeler, the Board
unanimously awarded the Bid to Felix Associates,
LLC as the lowest most responsive and responsible
bidder meeting the specifications as set forth in the
Invitation to Bid; approved the Sample Agreement
and authorized the Chairman to execute said
Agreement when required performance and payment
bonds have been submitted along with appropriate
certificate of insurance and the County Attorney has
approved the agreement as to form and legal
sufficiency, all as recommended in the memorandum
of April 28, 2006.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.2. CCS,WON.3
ONTINUING ONSULTING ERVICES ORK RDER O WITH
M&M,I.ESM
ASTELLER OLER NC FOR NGINEERING ERVICES FOR ASTER
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LAN ATER AIN ON TREET FROM VENUE TO
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ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
unanimously approved Work Order No. 3 with
Masteller and Moler, Inc., in the amount of
$56,810.00 for engineering services and authorized
the Chairman to execute same, as recommended in
the memorandum of April 28, 2006.
May 16, 2006 29
WORK ORDER NO. 3 ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.3. WPGRRW
ASTEWATER LANT ENERATOR EPLACEMENT EQUEST FOR AIVER
NBP
OF ORMAL ID ROCESS
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
unanimously waived the Bid process to enable the
Utilities Department to purchase a wastewater plant
generator from Pantropic Power, in the amount of
$139,770.00, as recommended in the memorandum
of May 9, 2006.
Commissioner Davis thought it was good to have the generator in place before the
hurricane season.
12. COUNTY ATTORNEY - NONE
13. COMMISSIONER ITEMS
13.A. COMMISSIONER ARTHUR R. NEUBERGER, CHAIRMAN - NONE
13.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN - NONE
13.C. COMMISSIONER SANDRA L. BOWDEN - NONE
13.D. COMMISSIONER WESLEY S. DAVIS
1. DRSADM
ISCUSSION EGARDING ECURING AN RCHITECT TO ESIGN A ASTER
PIRCF
LAN FOR THE NDIAN IVER OUNTY AIRGROUNDS
Commissioner Davis felt it was time to take another look at the Master Plan for the
Fairgrounds. The current Plan did not show the wastewater treatment facility or the soccer fields
and several things have changed.
May 16, 2006 30
Joe Herman,
President of Indian River County Fair Association, thanked Commissioner
Davis for his interest in the master plan and the Fairgrounds. He noted that the Fair is only a small
part of the use of the facilities. He wanted something that would benefit the community all year
round, like car shows, dog shows, etcetera. As the population grows the Fair attendance grows,
too, which warrants improvements to the Fairgrounds including restroom facilities.
Chairman Neuberger asked whom did the original plan and Administrator Baird thought it
was Mayes, Sudderth & Etheredge Inc., in 1987.
Mr. Herman
The Chairman also inquired why we needed another plan. and Administrator
Baird explained how the Fair operates and how things have changed over the years.
Director Jim Davis provided clarification on the soccer field area. He stated that in the
master plan, certain parcels were set aside and designated as leased parcels, which meant there was
no specific use at the time the master plan was prepared. It was envisioned that there needed to be
some land for other activities. The soccer area is included within the leased parcels and under a
license agreement instead of a lease but the soccer fields are on the master plans but designated as
the leased parcel.
Commissioner Davis commented that one significant thing about that is, as a leased parcel,
it, quite possibly in the master plan, could have been deemed appropriate for perhaps parking. He
was told that residents would like to see money generated from use of the Fairgrounds utilized in
the areas of parking, that is, if the Commission deemed it to be appropriate. He was seeking
consensus on whether they would look at a new plan or stay with the old one.
Director Davis continued his answer on why a new plan was needed. The current plan is 18
years old and has areas specified for parking that are now wooded. Discussion ensued on whether
parking is adequate for the future.
Commissioner Wheeler saw the Fairgrounds as a tremendous asset to the community. He
would like to see a good master plan and it be made a priority, over the next few years, to build the
Fairgrounds that is representative of Indian River County.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis, for staff to
come back with recommendations.
May 16, 2006 31
Commissioner Bowden did not mind looking at this but objected to matters that require a
vote not having gone through the process of having staff discussion and input.
Commissioner Wheeler explained his Motion, which is for staff to bring back a plan that
they could consider with some options so they could move forward on it.
Commissioner Davis understood Commissioner Bowden’s comments but explained his
motives as just trying to get a consensus as to the direction this would take.
Administrator Baird pointed out problems that could arise from people changing their
minds and felt they needed to be careful when looking at matters like this. He suggested they get a
Request for Qualifications (RFQ) and bring it back to the Board for consideration.
Commissioner Lowther had questions on the paving of perimeter roads and how they were
progressing.
Director Davis provided a status report on what’s happening at the Fairgrounds. They are
working on proactive things like surveying of the entire Fairgrounds property. They needed to get
a St. John’s River Water Management District permit to pave the roads and needed to treat the
storm-water.
Chairman Neuberger informed Commissioner Bowden that “Commissioners’ Matters” on
the Agenda is the springboard for ideas and that was exactly what Commissioner Davis was using
the medium for, to discuss his ideas, and thereby had done nothing out of the order.
The Motion was discussed for clarity on whether staff should bring back a plan or a RFQ
for the Board to consider.
Attorney DeBraal explained that this would have to go out for RFQ, receive responses and
then the Board could choose.
Prior Motion DIED.
On MOTION by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
voted 4-1 (Commissioner Bowden opposed) for staff
to come back with a RFQ for a Master Plan of the
Fairgrounds for the Board’s consideration.
May 16, 2006 32
13.E. COMMISSIONER THOMAS S. LOWTHER
Commissioner Lowther informed the Board of a particular intriguing fact he gathered at
the Governor’s Hurricane Conference he attended last Wednesday through Friday. He learned that
over 1,065 people, per day, move to the State of Florida and over 50% of that number are over the
age of 55 years. Commissioner Davis also attended the Conference.
14. SPECIAL DISTRICTS AND BOARDS
The Chairman announced that immediately upon adjournment of the BCC regular meeting,
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.
14.A. EMERGENCY SERVICES DISTRICT
14.A.1.AM–M7,2006
PPROVAL OF INUTES ARCH
14.A.2. CSC(P2A)B
ONSTRUCTION ERVICES ONTRACT ART GREEMENT WITH ARTH
CRES
ONSTRUCTION FOR THE EPLACEMENT OF MERGENCY ERVICES
SN.4
TATION O
14.A.3. CSC(P2A)B
ONSTRUCTION ERVICES ONTRACT ART GREEMENT WITH ARTH
CRES
ONSTRUCTION FOR THE EPLACEMENT OF MERGENCY ERVICES
SN.5
TATION O
14.. SOLID WASTE DISPOSAL DISTRICT
B
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.
May 16, 2006 33
14.B.1AM
PPROVAL OF INUTES
A. MM7,2006
EETING OF ARCH
B. MA4,2006
EETING OF PRIL
C. MM2,2006
EETING OF AY
14.B.2. OMP--TF
PERATION AND AINTENANCE OF A UMPANDREAT ACILITY FOR
GRSGLS
ROUNDWATER EMEDIATION AT THE OUTH IFFORD ANDFILL ITE
14.C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
There being no further business, on Motion duly made, seconded and carried, the Board
adjourned at 11:25 a.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman
Minutes Approved: _________________
BCC/AA/2006
May 16, 2006 34