HomeMy WebLinkAbout05/23/2006
INDEX TO MINUTES OF REGULAR MEETING OF
BOARD OF COUNTY COMMISSIONERS
MAY 23, 2006
1.CALL TO ORDER ................................................................................................................ 1
2.INVOCATION....................................................................................................................... 1
3.PLEDGE OF ALLEGIANCE ............................................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS-NONE ............... 2
5.PROCLAMATIONS AND PRESENTATIONS ................................................................... 2
5.A.PRESENTATION OF PROCLAMATION DESIGNATING MAY 29, 2006 AS MEMORIAL DAY
............................................................................................................................................. 2
TH RD
5.B.PRESENTATION OF PROCLAMATION DESIGNATING MAY 28- JUNE 3, 2006 AS
HURRICANE AWARENESS WEEK ...................................................................................... 2
5.C.PRESENTATION OF PROCLAMATION HONORING ELLEN HAYTH ON HER RETIREMENT
FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ........................ 2
5.D.PRESENTATION BY BETH McMILLEN, MARINE RESOURCES COUNCIL, REGARDING
PLANS TO EXTEND THE INDIAN RIVER LAGOON SCENIC HIGHWAY IN INDIAN RIVER
COUNTY .............................................................................................................................. 3
6.APPROVAL OF MINUTES .................................................................................................. 3
6.A.REGULAR MEETING OF APRIL 18, 2006 ........................................................................... 3
7.CONSENT AGENDA ............................................................................................................ 4
7.A.APPROVAL OF WARRANTS ................................................................................................ 4
7.BLEXINGTON PLACE SUBDIVISION – PHASE II ................................................................. 4
May 23, 2006
1
7.C.MISCELLANEOUS BUDGET AMENDMENT 016 ................................................................ 4
7.D.CONSULTANT SELECTION – FOR MISCELLANEOUS CIVIL ENGINEERING PROJECTS
FOR INDIAN RIVER COUNTY ON AN ON-GOING BASIS (RFQ 2006067) ......................... 5
7.E.CHILDREN’S SERVICES ADVISORY COMMITTEE – FUNDING ALLOCATION FOR FISCAL
YEAR 2006/07 ...................................................................................................................... 5
7.F.FOURTH OF JULY FIREWORKS FUNDING MISCELLANEOUS BUDGET AMENDMENT 015
............................................................................................................................................. 5
7.G.AWARD AND SALE RESOLUTION - $50 MILLION GENERAL OBLIGATION BONDS
(Acquisition of environmental, agricultural and historic properties) ...................................... 6
7.H.REQUEST FOR FLOODPLAIN CUT AND FILL BALANCE WAIVER FOR LOT 9, BLOCK 11,
ST
VERO LAKE ESTATES UNIT 2 AT 8306 91 AVENUE ........................................................ 7
7.I.REQUEST FOR FLOODPLAIN CUT AND FILL BALANCE WAIVER FOR LOT 10, BLOCK 21,
RD
VERO LAKE ESTATES UNIT 4 AT 7950 93 AVENUE ....................................................... 7
7.J.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................................................................................................... 8
RD
7.K.43 AVE SUB COMPLEX – CHANGE ORDER #3 (CHILBERG CONSTRUCTION)............ 9
RD
7.L.43 AVE SUB COMPLEX – CHANGE ORDER #4 (CHILBERG CONSTRUCTION)............ 9
7.M.CONTRACT AMENDMENT TO REDUCE RETAINAGE FOR CENTRAL WASTEWATER
TREATMENT FACILITY EXPANSION ................................................................................. 9
7.N.ROADWAY IMPROVEMENT PLANS FOR INDIAN RIVER COUNTY ADMINISTRATION
BUILDING CHANGE ORDER NO. 1 AND FINAL RELEASE OF RETAINAGE .................. 10
7.O.REQUEST TO ENTER INTO A PUBLIC TRANSPORTATION JOINT PARTICIPATION
AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) .... 11
8.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE......... 11
9.PUBLIC ITEMS .................................................................................................................. 11
9.A.PUBLIC HEARINGS .......................................................................................................... 11
May 23, 2006
2
9.A.1. INDIAN RIVER COUNTY’S REQUEST FOR SPECIAL EXCEPTION USE APPROVAL
TO EXPAND THE NORTH COUNTY WATER TREATMENT PLANT – Quasi-Judicial
....................................................................................................................................... 12
9.A.2. AM DEVELOPERS, LLC’S REQUEST FOR PLANNED DEVELOPMENT (PD)
SPECIAL EXCEPTION USE AND PRELIMINARY PD PLAN/PLAT APPROVAL FOR
A PROJECT TO BE KNOWN AS MILANO ESTATES - Legislative ............................. 15
9.A.3.KEN CHAPIN’S REQUEST FOR ABANDONMENT OF A PORTION OF A 10’ WIDE
TH
ALLEY LYING IMMEDIATELY WEST OF 126 COURT - Legislative ..................... 20
9.A.4. WORTHINGTON S. KEVILLE’S REQUEST FOR ABANDONMENT OF A PORTION
THND
OF 13 STREET LYING IMMEDIATELY EAST OF 32 AVENUE - Legislative ...... 21
9.B.PUBLIC DISCUSSION ITEM ............................................................................................. 22
9.B.1.REQUEST TO SPEAK FROM MARK BRACKETT REGARDING INTERPRETATION
OF A VOTE FOR THE PD APPROVAL ON BLUEWATER BAY ................................ 22
9.C.PUBLIC NOTICE ITEMS ................................................................................................... 23
9.C.1.NOTICE OF JOINT MEETING WITH CITY OF VERO BEACH MAY 31, 2006 ........... 23
9.C.2.NOTICE OF SCHEDULED PUBLIC HEARING ITEMS JUNE 6, 2006 ......................... 23
A.Board consideration to approve purchase of the “Russell Grove River Buffer”
environmental land acquisition project – Administrative .............................................. 23
B.Board consideration to approve purchase of the Shadowbrook Estates, Inc. parcel of the
“South Prong Slough” environmental land acquisition project – Administrative ............ 23
10.COUNTY ADMINISTRATORS MATTERS - NONE ....................................................... 24
11.DEPARTMENT MATTERS ............................................................................................... 24
11.A.COMMUNITY DEVELOPMENT - NONE ........................................................................... 24
11.B.EMERGENCY SERVICES - NONE ..................................................................................... 24
11.C.GENERAL SERVICES - NONE ........................................................................................... 24
11.D.HUMAN RESOURCES – NONE ......................................................................................... 24
11.E.HUMAN SERVICES - NONE .............................................................................................. 24
11.F.LEISURE SERVICES - NONE............................................................................................. 24
11.G.OFFICE OF MANAGEMENT & BUDGET – NONE ........................................................... 24
May 23, 2006
3
11.H.RECREATION – NONE ...................................................................................................... 24
11.I.PUBLIC WORKS ................................................................................................................ 24
TH
11.I.1. RIGHT-OF-WAY ACQUISITION, 66 AVENUE SOUTH OF STATE RD. 60 NORTH OF
TH
12 STREET, ALEX G. AND CONCHETTA A. WALTERS ........................................ 24
11.I.2. WORK ORDER NO. 6, CARTER ASSOCIATES, INC. FOR: IRC HOBART PARK
MAINTENANCE COMPLEX PROJECT, PROFESSIONAL SURVEYING AND
MAPPING SERVICES TO SUPPORT DESIGN NEEDS, PROJECT NO. 0623 ............. 25
11.J.UTILITIES SERVICES ........................................................................................................ 25
11.J.1.UTILITIES DEPARTMENT OPERATIONS CENTER, APPROVAL OF CHANGE
ORDER NO. 6. FOR VARIOUS CHANGES – INDIAN RIVER COUNTY PROJECTS NO.
UCP 2229 (Summit Construction Management, Inc.) ...................................................... 25
STRD
11.J.2.8-INCH MASTER PLANNED FORCE MAIN ON 1 STREET SW FROM 43 AVENUE
TH
TO 27 AVENUE ......................................................................................................... 26
11.J.3.WORK ORDER NO. 2 WITH SCHULKE, BITTLE & STODDARD, LLC FOR
CONSTRUCTION OF UPGRADES TO BENT PINE LIFT STATIONS UCP NO. 2806 27
12.COUNTY ATTORNEY ....................................................................................................... 27
A.REQUEST FOR AUTHORIZATION FOR STAFF TO CALL LETTER OF CREDIT,
SUBDIVISION: OAK HOLLOW ESTATES, DEVELOPER: DiLECO DEVELOPMENT LLC
(DiROCCO CONSTRUCTION CO. INC.: MANAGER/MEMBER) ....................................... 27
13.COMMISSIONER ITEMS ................................................................................................. 28
13.A.COMMISSIONER ARTHUR R. NEUBERGER, CHAIRMAN - NONE .................................. 28
13.B.COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN-NONE .................................... 28
13.C.COMMISSIONER SANDRA L. BOWDEN - NONE .............................................................. 28
13.D.COMMISSIONER WESLEY S. DAVIS – NONE ................................................................... 28
13.E.COMMISSIONER THOMAS S. LOWTHER – NONE ........................................................... 28
14.SPECIAL DISTRICT AND BOARD .................................................................................. 28
14.A.EMERGENCY SERVICES DISTRICT ................................................................................. 28
May 23, 2006
4
14.A.1.AUTHORIZATION FOR FINAL PAYMENT AND RELEASE OF RETAINAGE TO
BARTH CONSTRUCTION FOR THE REPAIR OF EMERGENCY SERVICES STATION
#8 ................................................................................................................................... 29
14.A.2.AUTHORIZATION FOR FINAL PAYMENT AND RELEASE OF RETAINAGE TO
BARTH CONSTRUCTION, INC. FOR THE RENOVATION/REPAIR OF EMERGENCY
SERVICES STATION #6 ............................................................................................... 29
14.B.SOLID WASTE DISPOSAL DISTRICT-NONE .................................................................... 29
14.C.ENVIRONMENTAL CONTROL BOARD-NONE ................................................................. 29
15.ADJOURNMENT ............................................................................................................... 29
May 23, 2006
5
May 23, 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 23, 2006, at 9:00 a.m. Present were Chairman Arthur R. Neuberger, Vice Chairman Gary C.
Wheeler, and Commissioners Sandra L. Bowden, Wesley 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 JoAnn Glenn.
1. CALL TO ORDER
Chairman Arthur R. Neuberger called the meeting to order.
2. INVOCATION
Pastor Ray Scent, G.O.D.S., delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Sandra L. Bowden led the Pledge of Allegiance to the Flag.
May 23, 2006
1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS-NONE
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATIONOFPROCLAMATIONDESIGNATINGMAY29,2006AS
MEMORIALDAY
Chairman Neuberger read the Proclamation and presented it to Larry Wapnick, President,
Ray Scent, Vice President and Joe Martorana, Public Relations Officer of the Veterans’ Council.
Mr. Wapnick thanked the Commissioners on behalf of the Council.
TH
5.B. PRESENTATIONOFPROCLAMATIONDESIGNATINGMAY28-JUNE
RD
3,2006ASHURRICANEAWARENESSWEEK
Vice Chairman Gary C. Wheeler read the Proclamation and presented it to Alma Salter of
Project HOPE (Helping Our People in Emergencies).
5.C. PRESENTATIONOFPROCLAMATIONHONORINGELLENHAYTHON
HERRETIREMENTFROMINDIANRIVERCOUNTYBOARDOFCOUNTY
COMMISSIONERS
Chairman Neuberger read the Proclamation and presented it to Ms. Hayth, who thanked the
Commissioners and expressed her enjoyment working for the County.
May 23, 2006
2
5.D. PRESENTATIONBYBETHMMILLEN,MARINERESOURCESCOUNCIL,
C
REGARDINGPLANSTOEXTENDTHEINDIANRIVERLAGOONSCENIC
HIGHWAYININDIANRIVERCOUNTY
Beth McMillen
, Assistant Director at the Marine Resources Council, explained the goals
of the plans using a PowerPoint presentation (copy on file). The Highway is currently designated
as U.S. 1 and A1A from Titusville to Wabasso including all the causeways along that distance.
The goal is to protect and maintain the cultural, scenic, historical and natural resources of the
Highway. This designation provides for more funding for restoration and protection of the
Highway. She was looking for a resolution in support of this extension.
Clerk’s Note: At this point Commissioner Wesley Davis spoke of the passing of former Lt.
Gov. Tom Adams and asked for a moment of silence in his honor.
6.APPROVAL OF MINUTES
6.A. REGULARMEETINGOFAPRIL18,2006
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of April 18, 2006. There were none.
ON MOTION by Commissioner Bowden,
SECONDED by Commissioner Lowther, the Board
unanimously approved the Minutes of the Regular
May 23, 2006
3
Meeting of April 18, 2006, as written and
distributed.
7.CONSENT AGENDA
Commissioner Lowther requested Item 7.J. be pulled from the Consent Agenda for
discussion.
7.A. APPROVALOFWARRANTS
ON MOTION by Commissioner Bowden,
SECONDED by Commissioner Davis, the Board
unanimously approved the list of Warrants as issued
by the Clerk to the Board for the period May 5-11,
2006, as requested.
7.B LEXINGTONPLACESUBDIVISION–PHASEII
No action required or taken.
7.C. MISCELLANEOUSBUDGETAMENDMENT016
ON MOTION by Commissioner Bowden,
SECONDED by Commissioner Davis, the Board
unanimously adopted Resolution No. 2006-065
amending the fiscal year 2005-2006 budget.
May 23, 2006
4
7.D. CONSULTANTSELECTION–FORMISCELLANEOUSCIVIL
ENGINEERINGPROJECTSFORINDIANRIVERCOUNTYONAN
ON-GOINGBASIS)
(RFQ2006067
ON MOTION by Commissioner Bowden,
SECONDED by Commissioner Davis, the Board
unanimously authorized staff to begin contract
negotiations with the first four ranked firms
(Kimley-Horn & Associates, Inc., Arcadis G & M,
Inc., Carter Associates, Inc., and McMahon
Associates, Inc.), as recommended in the
memorandum of May 16, 2006.
7.E. CHILDREN’SSERVICESADVISORYCOMMITTEE–FUNDING
ALLOCATIONFORFISCALYEAR2006/07
ON MOTION by Commissioner Bowden,
SECONDED by Commissioner Davis, the Board
unanimously approved Alternative 1 to set allocation
of $1,208,190 for the CSAC, which is an increase of
3% over the current year, as recommended in the
memorandum of May 16, 2006.
7.F. FOURTHOFJULYFIREWORKSFUNDINGMISCELLANEOUSBUDGET
AMENDMENT015
May 23, 2006
5
ON MOTION by Commissioner Bowden,
SECONDED by Commissioner Davis, the Board
unanimously approved funding the fireworks
displays for the Cities of Sebastian and Vero Beach
in the amount of up to $2,500 each; approved that
each of the cities appropriate and pay an equal
amount up to $2,500 and the County will match that
amount, up to $2,500 each, after the City of Vero
Beach and City of Sebastian pay their share; and
adopted Resolution 2006-066 amending the fiscal
year 2005-2006 budget.
7.G. AWARDANDSALERESOLUTION-$50MILLIONGENERAL
OBLIGATIONBONDS
(A,
CQUISITION OF ENVIRONMENTAL AGRICULTURAL AND
)
HISTORIC PROPERTIES
ON MOTION by Commissioner Bowden,
SECONDED by Commissioner Davis, the Board
unanimously adopted Resolution 2006-067
supplementing and amending Resolution No.
2005-059 providing for the sale of not to exceed
$50,000,000 Limited General Obligation Bonds of
Indian River County, Florida; fixing redemption
provisions and series designation for the bonds;
setting forth the form of the notice of bond sale and
summary notice of bond sale relating to the sale of
such bonds; directing publication of the summary
May 23, 2006
6
notice of sale relating to such bonds; providing for
the opening of bids relating to the sale of the bonds;
setting forth the official notice of sale and bid forms;
providing that such bonds shall be issued in full book
entry form; approving the form of a preliminary
official statement; covenanting to provide continuing
disclosure; authorizing the selection of a registrar
and paying agent; authorizing municipal bond
insurance; providing certain other matters in
connection therewith; and providing an effective
date .
7.H. REQUESTFORFLOODPLAINCUTANDFILLBALANCEWAIVERFOR
ST
LOT9,BLOCK11,VEROLAKEESTATESUNIT2AT830691AVENUE
ON MOTION by Commissioner Bowden,
SECONDED by Commissioner Davis, the Board
unanimously approved Alternative No. 1 and
granted the cut and fill balance waiver based on the
criteria of Section 930.07(2)(d)4, as recommended in
the memorandum of May 13, 2006.
7.I. REQUESTFORFLOODPLAINCUTANDFILLBALANCEWAIVERFOR
RD
LOT10,BLOCK21,VEROLAKEESTATESUNIT4AT795093AVENUE
May 23, 2006
7
ON MOTION by Commissioner Bowden,
SECONDED by Commissioner Davis, the Board
unanimously approved Alternative No. 1 and
granted the cut and fill balance waiver based on the
criteria of Section 930.07(2)(d)(4) of the Stormwater
and Flood Protection Ordinance, as recommended in
the memorandum of May 13, 2006.
7.J. APPROVALOFBIDAWARDFORIRCBID#2006071FORTHEPURCHASE
OFTWO(2)20,000LBVEHICLELIFTS,FLEETMANAGEMENT
DEPARTMENT&EMERGENCYSERVICESDEPARTMENT
Commissioner Lowther stated the School Board has a lift that is capable of lifting the fire
trucks.
County Administrator Joe Baird confirmed the School Board has six lifts having
60,000-pound capacity. A lift with that capacity costs about $150,000.00. The County could use
the School Board’s lift, if needed.
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Wheeler, the Board
unanimously awarded the bid to Great Lakes Service
Equipment, Inc. d/b/a Girolift USA 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 April 26,
2006.
May 23, 2006
8
RD
7.K. 43AVESUBCOMPLEX–CHANGEORDER#3(CHILBERG
CONSTRUCTION)
ON MOTION by Commissioner Bowden,
SECONDED by Commissioner Davis, the Board
unanimously approved Change Order #3
($65,581.41 and 30 additional days) and authorized
the County Administrator to execute the approved
Change Order, as recommended in the memorandum
of May 16, 2006.
CHANGE ORDER NO. 3 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
RD
7.L. 43AVESUBCOMPLEX–CHANGEORDER#4(CHILBERG
CONSTRUCTION)
ON MOTION by Commissioner Bowden,
SECONDED by Commissioner Davis, the Board
unanimously approved Change Order #4 ($7,782.80)
and authorized the County Administrator to execute
the approved Change Order, as recommended in the
memorandum of May 16, 2006.
CHANGE ORDER NO. 4 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.M. CONTRACTAMENDMENTTOREDUCERETAINAGEFORCENTRAL
WASTEWATERTREATMENTFACILITYEXPANSION
May 23, 2006
9
ON MOTION by Commissioner Bowden,
SECONDED by Commissioner Davis, the Board
unanimously approved the Amendment to County
Bid No. 7029 and reduced the retainage from 10% to
5% and authorized the Chairman to execute same, as
recommended in the memorandum of May 9, 2006.
CONTRACT AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.N. ROADWAYIMPROVEMENTPLANSFORINDIANRIVERCOUNTY
ADMINISTRATIONBUILDINGCHANGEORDERNO.1ANDFINAL
RELEASEOFRETAINAGE
ON MOTION by Commissioner Bowden,
SECONDED by Commissioner Davis, the Board
unanimously approved Change Order No. 1 with
Cone and Graham, Inc. in the deductive amount of
($49,570.02) resulting in a final contract amount
after Change Order No. 1 of $1,448,499.48 and an
extension of the construction time to 255 days as
indicated on the Change Order Document with an
approval of an increase to the GMP in the amount of
$49,570.02 as described above to be submitted by a
future and separate change order with Turner
Construction; approved a distribution in the amount
of $550.00 to Public Works account
#31512113-066510-02004 for reimbursement by the
Contractor for Construction Inspection Overtime
May 23, 2006
10
expended by the Indian River County Capital Project
Division in accordance with the Contract; approved
final payment and final release of retainage in the
amount of $144,354.95 as shown on the Application
for Payment No. 7 (Final Payment), as
recommended in the memorandum of May 17, 2006.
CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.O. REQUESTTOENTERINTOAPUBLICTRANSPORTATIONJOINT
PARTICIPATIONAGREEMENTWITHTHEFLORIDADEPARTMENTOF
TRANSPORTATION(FDOT)
ON MOTION by Commissioner Bowden,
SECONDED by Commissioner Davis, the Board
unanimously adopted Resolution No. 2006-068
authorizing the execution of a Public Transportation
Joint Participation Agreement with the Florida
Department of Transportation.
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
9. PUBLIC ITEMS
9.A. PUBLICHEARINGS
May 23, 2006
11
9.A.1. INDIANRIVERCOUNTY’SREQUESTFORSPECIALEXCEPTION
USEAPPROVALTOEXPANDTHENORTHCOUNTYWATER
TREATMENTPLANT–Q-J
UASIUDICIAL
PROOF OF PUBLICATION OF ADVERTISEMENT FOR PUBLIC HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Stan Boling, Planning Director, Community Development Department, presented an aerial
view of the property by using an overhead projector and spoke regarding what existed on the site
thth
and what is proposed. The site is located on the north side of 77 Street and on the west side of 58
Avenue. It is in a residential, single-family zoning district. Some of the property to the South will
be under development shortly. Other nearby properties are County owned and are zoned
agricultural. The water tower on the site is operational. This request is for the expansion of a
proposed building. A 50-foot wide conservation area, fully vegetated, will remain. The requested
expansion will be 4,000 square feet. There are several upgrades to the site that were proposed,
with the most significant being bringing the buffers up to code. The Planning & Zoning
Commission voted 7 – 0 to approve this plan. Another issue that came up was the buffering along
th th
58Avenue and 77 Street. The Code calls for a C buffer; they have upgraded to a B buffer.
The Chairman opened the public hearing.
Richard Baker
, President of the Audubon Society, wanted the Commissioners to think
about this project and possibly table it. There were concerns about the new water supply coming
in. During drought conditions the natural artesian flow will be nominal. The St. Johns River
Water Management District (SJRWMD) was concerned about pressure and about the brine being
produced with these wells. The SJRWMD was not allowing deep well injection techniques.
May 23, 2006
12
County Administrator Joe Baird advised the County would go through all the regulatory
agencies to get permits, so they would either issue the permits or not.
Eric Olson, Director of Utilities, explained how Utilities time expansion for growth that
has already taken place. He clarified this project is not paid for by taxes and that impact fees,
previously paid, pay for it. Utilities was working closely with the Salt and Water Conservation
Group to confirm its data showing there was no impending danger of water drying up. Utilities
were also working very closely with the regulatory agencies.
Dr. Baker
declared there was concern about putting brine into the marsh.
Director Olson stated the County was trying not to waste the brine water and if there were
issues or concerns that the Department of Environmental Protection had, the County would work
through those.
Robert Adair
, Vice Chairman, Indian River County Soil and Water Conservation District
(SWCD), had real concerns about drilling six new wells. South County well field has reached its
capacity without causing adverse problems. South Florida Water Management District will not
allow any further drilling because it will adversely impact committed users. If that is true, by
increasing capacity in the North County well field, it could cause adverse impact to existing wells.
Presently there are 617 wells, many of them outside the urban service area. The County would be
responsible for supplying water if the new wells adversely affect water to these existing wells.
Mr. Adair
wanted the Commissioners to give the SWCD time to work with Camp Dresser &
McKee. The County is in the middle of a drought and the artisan pressure is down 50%. If artisan
pressure ceases and cannot pump, how will water get to the crops. He preferred the existing wells
be monitored first.
May 23, 2006
13
Director Olson added permits must go through the St. Johns River Water Management
District’s process of review. They will determine if there is a problem. There is no intention to
expand the southern well field system. The Director wanted to make clear the buildings are only to
contain reverse osmosis components and that the department looked at the models and there is no
danger.
Vice Chairman Wheeler questioned whether the growth would affect our well fields.
Director Olson confirmed on the basis of what was being planned on the six new wells, he
saw no immediate impact on the horizon.
Commissioner Bowden knew there was a pressure problem with the water and felt major
discussions were needed before the ramifications of an uneducated vote were understood.
Director Olson wanted to give updates occasionally to give an assurance the right things
are being done.
Bob Keating, Community Development Director, explained the legislature mandated all
local governments prepare a Public Supply Water Plan. Utilities will provide data to form the
water supply plan. The Public Water Supply Plan must be completed by 2008.
Renee Renzi
, Waverly Place, Vero Beach, wanted this Commission to hold the line as they
did previously years ago when the County was asked to help supply water to a large development
in north St. Lucie County.
There were no additional speakers and the Chairman closed the public hearing.
May 23, 2006
14
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Neuberger, the
Board unanimously granted special exception use
approval for the North County Water Treatment
Plant expansion with the following condition: Prior
to issuance of a certificate of occupancy for Phase 2,
all required landscape buffers and opaque features
shall be installed, as recommended in the
memorandum of May 10, 2006.
9.A.2. AMDEVELOPERS,LLC’SREQUESTFORPLANNED
DEVELOPMENT(PD)SPECIALEXCEPTIONUSEAND
PRELIMINARYPDPLAN/PLATAPPROVALFORAPROJECTTOBE
KNOWNASMILANOESTATES-L
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 showed the site on the overhead projector, which is zoned
residential, single family. Approval to attach units can be granted through the special exception
approval process, as was requested here.
Director Boling displayed an aerial view of Lake in the Woods that showed any
development on that site would be next to multi-family sites. The Planning and Zoning
Commission (PZC) voted 5-2 to recommend to the Board to deny this request. They had concerns
about townhomes being built in lieu of a residential multi family area. PZC also had concerns
about traffic. Staff felt this proposal meets and exceeds multi-family project requirements.
May 23, 2006
15
Commissioner Lowther attended a PZC meeting where this property was discussed. He
liked the way the buildings were designed and the extra landscaping.
Commissioner Wheeler wanted a provision for a southern entrance and exit. He felt Route
60 is already heavily traveled.
Director Boling believed this design accommodated that potential, but it cannot be made a
requirement.
Chairman Neuberger wondered if this project would be able to join with the neighboring
subdivision and use their exit.
Director Boling explained hooking up a new property to an existing subdivision is
problematic.
The Chairman opened the public hearing.
Bruce Barkett
representing AM Developers (AM), attended the preapplication conference
with Director Keating, and the Director said this property should be designated RM-6 (residential,
single family, 6 units per acre). The Director asked AM if they would do a Planned Development
(PD) and they complied and exceeded requirements.
W. F. McCain,
Project Engineeron behalf of AM, presented a document regarding zoning
requirements such as required setbacks and landscape buffer requirements. He affirmed that the
Mr. McCain
developer had surpassed every requirement in their plans to build these townhomes.
explained there was an existing ditch that runs behind the lots and this project will not add any
additional stormwater load on to them. He used the overhead projector to show a line of sight
picture.
May 23, 2006
16
Gina Melton
, 1906 71st Avenue, Vero Beach, lives in Little Portion Subdivision adjoining
Ms. Melton
this new property and had several concerns. felt the u-turn across three lanes of traffic
on SR 60 to access this property would not be safe. Also, their current driveway would not hold
10-ton trucks. She asked if her subdivision would be used as a thoroughfare for their big trucks.
She had newspaper articles showing vacant multi-family units that already exist and wondered if
Ms. Melton
more of these were needed. She pointed out PZC declined this project. did not want
multi-family units built on the site.
Joseph Paladin,
Chairman of the Growth Awareness Committee, spoke in favor of this
project; the creativity of the development was a plus in his eyes, and he likes Planned
Developments and promotes them.
Dr. David Cox
, 9495 Periwinkle Drive, Vero Beach, also a member of the Growth
Awareness Committee, acknowledged the project shows great creativity and meets all of the
guidelines. Dr. Cox believed the Department of Transportation (DOT) would handle the matter of
traffic safety. He hoped the Commission would support this development.
th
Bea Gardner
, 4480 25 Lane, Vero Beach, agreed with most of what was said and
acknowledged there were many pluses to this development. She felt the creativity was there, but
Ms. Gardner
she wanted density vs. safety thought about. noted the ingress and egress from SR
60 was unsafe and wanted the Board to take a hard look at passing this without the
interconnectivity.
Major Surles, Little Portion Subdivision, was concerned about safety and questioned
whether the small, existing bridge would serve the development. He was also concerned about
people making a u-turn to get into that development with trucks coming down SR 60 at 70 miles
per hour.
May 23, 2006
17
Mr. McCain
explained a new entrance would be built and access of the Little Portion
Subdivision would not be used. The construction entrance would be the main entrance to the
project. He confirmed that a smaller amount of water off the backside of the berm would drain into
their ditch, which is a smaller amount than is now draining there. DOT is working with AM to
work out various turn lanes.
Charles Block
, architect of the project, explained the orientation of the buildings was
based on impacting the single-family subdivision as minimally as possible. He felt the project was
a good product on a 10-acre site, which was a very small area. He thought this was a very good
solution that meets all the criteria.
There were no additional speakers and the Chairman closed the public hearing.
Commissioner Wheeler asked if this development was to be gated. The reply was
affirmative.
Commissioner Davis asked if this site was a single-family residence could they build a
two- story building.
Director Boling replied they could even build a three-story building.
Commissioner Davis said Planned Developments are much nicer than subdivisions. He
liked the heavy buffering.
Commissioner Bowden felt it had a creative, good look. She also believed single-family
residential development could be creative too. Commissioner Bowden confirmed she tended to
vote as PZC recommended. She did not wish to rezone this property.
May 23, 2006
18
Commissioner Wheeler stated he would support this project if it was not gated, and if
something was worked out with the Lake in the Woods development next door as far as ingress
and egress were concerned.
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Davis, the Board
voted 3-2 (Commissioners Bowden and Wheeler
opposed) and granted PD special exception use and
preliminary PD plan approval for Milano Estates
with the following conditions
1. Within five years after special exception
approval, the applicant shall obtain final PD plan
approval for the entire project. If such final PD plan
approval is not obtained, then the PD special
exception approval shall automatically expire.
2. Prior to issuance of the first certificate of
occupancy for the project, the applicant shall:
a. Construct the eastbound right-turn lane on
SR 60 at the project entrance (if the turn lane is
permitted by FDOT);
b. Install all perimeter landscape buffers.
3. Prior to issuance of a certificate of occupancy for
each building, the applicant shall construct all
May 23, 2006
19
internal sidewalks in the vicinity of that building, as
recommended in the memorandum of May 11, 2006.
The Chairman called a recess at 11:12 a.m. for closed captioning purposes and reconvened
at 11:23 a.m. with all members present.
9.A.3. KENCHAPIN’SREQUESTFORABANDONMENTOFAPORTION
TH
OFA10’WIDEALLEYLYINGIMMEDIATELYWESTOF126
COURT-L
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 displayed, by overhead projector, the location of the
abandonment. The subject site is west of I-95 on the south side of CR 512. He explained if this
abandonment were approved, it would go to the applicant because he owns the property on both
sides.
The Chairman opened the public hearing. There were no speakers and the
Chairman closed the public hearing.
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
unanimously adopted Resolution 2006-069
providing for the closing, abandonment, vacation
and discontinuance of a portion of a 10’ wide alley
between Lots 2, 3, in Block 10 and Lot 5 in block of
Tropical Village Estates Subdivision, reserving a
May 23, 2006
20
drainage and utility easement over the entire
right-of-way, said land lying in Indian River County,
Florida.
9.A.4. WORTHINGTONS.KEVILLE’SREQUESTFORABANDONMENT
TH
OFAPORTIONOF13STREETLYINGIMMEDIATELYEASTOF
ND
32AVENUE-L
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 showed, by overhead projector, the site as being part of the
Vero Park unplatted subdivision. The noted segment has never been used as a road right-of-way
and is not needed for access to any of the adjacent lots. There were no objections from neighbors
regarding the abandonment.
The Chairman opened the public hearing.
Ralph Evans
spoke for homeowner Worth Keville, whose house was built on that lot in
1956. His driveway ran right into this abandonment. Their concern was the County might one day
expand the drainage easement and take his driveway.
Jim Davis, Public Works Director, wanted access to the ditch in case the County needed to
utilize the property next to the drive. It is a matter of course whenever the County abandons a
right-of-way, it requests easement.
There were no additional speakers and the Chairman closed the public hearing.
May 23, 2006
21
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Davis, the Board
unanimously adopted Resolution 2006-070
providing for the closing, abandonment, vacation
th
and discontinuance of a portion of 13 Street lying
nd
east of 32 Avenue in Vero Park Subdivision, an
unrecorded subdivision, reserving a drainage and
utility easement over the entire right-of-way, said
land lying in Indian River County, Florida.
9.B. PUBLICDISCUSSIONITEM
9.B.1. REQUESTTOSPEAKFROMMARKBRACKETTREGARDING
INTERPRETATIONOFAVOTEFORTHEPDAPPROVALON
BLUEWATERBAY
TH
Mark Brackett
, 1915 34 Avenue, had a PD application before the Board on February
15, 2005 for the Bluewater Bay project. The PD was approved with condition 2F which read
“convey or have conveyed to the County all off-site right-of-way necessary to construct the
thth
required 89 Street improvements.” 89 Street borders Mr. Brackett’s project on one side. This
property has three neighbors on the other side of the street, so it requires the cooperation of four
different property owners to build this road. This road is not a county road or a platted road. Mr.
Brackett’s question was how did the Board interpret 2F? Staff’s interpretation was 2F requires the
dedication of right-of-way from all four parcels—his parcel and the three that he does not control.
Mr. Brackett
reaffirmed that he was not requesting abandonment, but was asking the
Commissioners to look back on what they voted. Did the Commissioners vote to require him to
dedicate the right of way that is not in his control?
May 23, 2006
22
Assistant County Attorney William K. DeBraal stated the County could not make Mr.
Brackett obtain property that a willing seller does not want to give him. The County would have to
use its power of eminent domain in order to get property that a willing seller does not want to
convey.
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
approved 4-1 (Commissioner Bowden opposed) for
Mr. Brackett to move ahead with his project, as he
has provided all the right-of-way he is able to
provide, with hopes that the other property will come
on-line in the next three years.
9.C. PUBLICNOTICEITEMS
9.C.1. NOTICEOFJOINTMEETINGWITHCITYOFVEROBEACHMAY31,
2006
9.C.2. NOTICEOFSCHEDULEDPUBLICHEARINGITEMSJUNE6,2006
A.Board consideration to approve purchase of the “Russell Grove River
Buffer” environmental land acquisition project – Administrative
B.Board consideration to approve purchase of the Shadowbrook Estates,
Inc. parcel of the “South Prong Slough” environmental land
acquisition project – Administrative
Executive Aide Kimberly Massung read the above notices into the record
May 23, 2006
23
10. COUNTY ADMINISTRATORS MATTERS - NONE
11. DEPARTMENT MATTERS
11.A. COMMUNITYDEVELOPMENT-NONE
11.B. EMERGENCYSERVICES-NONE
11.C. GENERALSERVICES-NONE
11.D. HUMANRESOURCES–NONE
11.E. HUMANSERVICES-NONE
11.F. LEISURESERVICES-NONE
11.G. OFFICEOFMANAGEMENT&BUDGET–NONE
11.H. RECREATION–NONE
11.I. PUBLICWORKS
TH
11.I.1.RIGHT-OF-WAYACQUISITION,66AVENUESOUTHOFSTATE
TH
RD.60NORTHOF12STREET,ALEXG.ANDCONCHETTAA.
WALTERS
May 23, 2006
24
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Lowther, the Board
unanimously approved the $70,720.00 purchase and
authorized the Chairman to execute the Agreement,
as recommended in the memorandum of May 12,
2006.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.2.WORKORDERNO.6,CARTERASSOCIATES,INC.FOR:IRC
HOBARTPARKMAINTENANCECOMPLEXPROJECT,
PROFESSIONALSURVEYINGANDMAPPINGSERVICESTO
SUPPORTDESIGNNEEDS,PROJECTNO.0623
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
unanimously approved Work Order No. 6
authorizing the IRC Hobart Park Maintenance
Complex Project and authorized the Chairman to
execute Work Order No. 6 on their behalf, as
recommended in the memorandum of May 15, 2006.
WORK ORDER NO. 6 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J. UTILITIESSERVICES
11.J.1. UTILITIESDEPARTMENTOPERATIONSCENTER,APPROVAL
OFCHANGEORDERNO.6.FORVARIOUSCHANGES–INDIAN
May 23, 2006
25
RIVERCOUNTYPROJECTSNO.UCP2229(SC
UMMIT ONSTRUCTION
M,I.)
ANAGEMENT NC
ON MOTION by Commissioner Bowden,
SECONDED by Commissioner Davis, the Board
unanimously approved Change Order No. 6 to
increase the contract amount by $52,129.00 to
$4,767,379.00, and authorized the Chairman to
execute same, as presented, as recommended in the
memorandum of May 15, 2006.
CHANGE ORDER NO. 6 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
ST
11.J.2. 8-INCHMASTERPLANNEDFORCEMAINON1STREETSW
RDTH
FROM43AVENUETO27AVENUE
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Davis, the Board
unanimously approved the project for a total
estimated cost of $74,832.10 including $34,460.60
for labor and $40,371.50 for County purchased
materials, approved Work Authorization No.
2005-027 to the Labor Contractor, the Danella
Companies, Inc., in form, and authorized the
Chairman to sign same, as presented, as
recommended in the memorandum of May 15, 2006.
WORK AUTHORIZIATION NO. 2005-027 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
May 23, 2006
26
11.J.3. WORKORDERNO.2WITHSCHULKE,BITTLE&STODDARD,
LLCFORCONSTRUCTIONOFUPGRADESTOBENTPINELIFT
STATIONSUCPNO.2806
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
unanimously approved Work Order No. 2 with SBS
in the amount of $24,835.00 to provide surveying,
design, permitting and construction services for the
subject project, and authorized the Chairman to
execute the same, as recommended in the
memorandum of April 26, 2006.
WORK ORDER NO. 2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12. COUNTY ATTORNEY
A. REQUESTFORAUTHORIZATIONFORSTAFFTOCALLLETTEROF
CREDIT,SUBDIVISION:OAKHOLLOWESTATES,DEVELOPER:DLECO
I
DEVELOPMENTLLC(DROCCOCONSTRUCTIONCO.INC.:
I
MANAGER/MEMBER)
Assistant County Attorney DeBraal requested the Commission give the County Attorney
authority to call the letter of credit outstanding in this matter. It was extended once in December
2005.
May 23, 2006
27
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
unanimously adopted Resolution No. 2006-071
declaring default by DiLeco Development, LLC, in
its obligation to complete required improvements to
Oak Hollow Estates, and authorizing staff to make
sight draft against First National Bank and Trust
Company of the Treasure Coast Irrevocable Letter of
Credit No. 2004-20 as amended. Staff would only
call the Letter of Credit if the remaining items were
not in place by 5:00 p.m. on May 31, 2006.
13. COMMISSIONER ITEMS
13.A. COMMISSIONERARTHURR.NEUBERGER,CHAIRMAN-NONE
13.B. COMMISSIONERGARYC.WHEELER,VICECHAIRMAN-NONE
13.C. COMMISSIONERSANDRAL.BOWDEN-NONE
13.D. COMMISSIONERWESLEYS.DAVIS–NONE
13.E. COMMISSIONERTHOMASS.LOWTHER–NONE
14. SPECIAL DISTRICT AND BOARD
14.A. EMERGENCYSERVICESDISTRICT
May 23, 2006
28
14.A.1. AUTHORIZATIONFORFINALPAYMENTANDRELEASEOF
RETAINAGETOBARTHCONSTRUCTIONFORTHEREPAIROF
EMERGENCYSERVICESSTATION#8
14.A.2. AUTHORIZATIONFORFINALPAYMENTANDRELEASEOF
RETAINAGETOBARTHCONSTRUCTION,INC.FORTHE
RENOVATION/REPAIROFEMERGENCYSERVICESSTATION#6
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 Emergency Services District. The Minutes are prepared
separately and appended to this document.
14.B. SOLIDWASTEDISPOSALDISTRICT-NONE
14.C. ENVIRONMENTALCONTROLBOARD-NONE
15. ADJOURNMENT
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON
FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A
PART OF THESE MINUTES
There being no further business, on Motion duly made, seconded and carried, the Board
adjourned at 12:16 p.m.
May 23, 2006
29
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman
Minutes Approved: _________________
BCC/JG/2006Minutes
May 23, 2006
30