HomeMy WebLinkAbout5/6/2003INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MAY 6, 2003
1. CALL TO ORDER.................................................................................. 1
2. INVOCATION......................................................................................... 1
3. PLEDGE OF ALLEGIANCE................................................................. 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS...................................................................................................... 2
5. PROCLAMATIONS AND PRESENTATIONS .................................... 2
5.A. PROCLAMA TIONDESIGNA TING THE MONTH OFMAYAS
CIVILITYMONTHININDIANRIVER COUNTY ..................... 2
5.B. PROCLAMA TIONDESIGNA TING MAY, 2003 AS FLORIDA
STATE PARKS MONTHININDIANRIVER COUNTY ............. 2
5.C. PROCLAMA TIONDESIGNA TING MAY 6 -12,2003 AS
NATIONAL NURSES WEEKININDIANRIVER COUNTY...... 3
May 6, 2003 1
5.D. PROCLAMA TIONDESIGNA TING MAY IO -18, 2003 AS THE
20THANNUAL CELEBRATION OFNATIONAL TOURISM
WEEKININDIANRIVER COUNTY .......................................... 3
5.E. PROCLAMATIONDESIGNATING MAY5-9, 2003ASIA W
WEEK........................................................................................... 3
6. APPROVAL OF MINUTES - APRIL 15, 2003 ..................................... 3
7. CONSENT AGENDA.............................................................................. 4
7.A. REPORTS.....................................................................................4
7.B. APPROVAL OF WARRANTS...................................................... 4
7.C. APPROVAL OF WARRANTS...................................................... 5
7.D. RESOLUTION2003-051 - STATE OF FLORIDA BEACH
EROSION CONTROL PROGRAM- REQUEST FOR
ASSISTANCE (FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION) .......................................... 5
7.E. BEA CHRESTORA TIONPROJECT-APPLIED TECHNOLOGY
AND MANAGEMENT, INC. (ATM) PHASE III SER VICES -
FLORIDA DEPARTMENT OF ENVIR ONMENTAL
PROTECTION COST SHARING UNDER GRANT
AGREEMENT 98IR1-RELEASE OFRETAINAGE................. 5
7.F. MAINSTREET PROFESSIONAL BUILDING 12" WATER
MAINFROMLOUISIANA AVENUE TO INDIANRIVER
May 6, 2003 2
DRIVE - PAYREQUEST #5 AND FINAL PAYMENT-
MAXWELL
AYMENT-
MAXWELL CONTRACTING, INC .............................................. 6
7.G. WEST SIDE U.S I WATER ASSESSMENT PROJECT FROM
0512 TO WALMAR T UCP NO. 213 7 - MAXWELL
CONTRACTING, INC. - FINAL PAYMENT AND RELEASE OF
RETAINAGE................................................................................ 6
7.K BEA CHAND SHORE PRESER VA TIONAD VISOR Y
COMMITTEE APPOINTMENT OF BILL GL YNN TO
REPLACE GEORGE GROSS, BETHMITCHELL TO REPLACE
VIRGINIA MANNAND RALPH SEXTON TO REPLACE ED
CARR............................................................................................ 6
7.L AGRICULTUREADVISORY COMMITTEE (AAC) -
APPOINTMENT OFROBER T C. ADAIR, JR. REPLACING
JERRYJOHNSON....................................................................... 7
7.J. A GRICUL TUREAD VISOR Y COMMITTEE (AAC) -ELECTION
OF MARK SANCHEZ AS CHAIRMAN AND BILL THOMPSON
AS VICE CHAIRMAN.................................................................. 7
7.K. BID #5043 -SOUTH COUNTY WASTEWATER TREATMENT
FACILITY (SC WWTF)-INSTALLATION OFASME CODE
HYDR OPNE UMA TIC TANK- GENERAL PHYSICS
CORPORATION........................................................................... 7
May 6, 2003 3
7.L. REIMBURSEMENT FOR OUT OF COUNTY TRAVEL FOR
COMMISSIONER CAROLINE D. GINN-TREASURE COAST
REGIONAL PLANNING COUNCIL CONSENSUS BUILDING
WORKSHOP #l, APRIL 29, 2003, ST. LUCIE COUNTY ............ 8
7.M. SUPPORT INDIANRIVER CITRUS LEAGUE IN OPPOSING
THE REMOVAL OF THE TARIFF ON IMPORTED CITRUS
PRODUCTS.................................................................................. 8
7.N. TAXDEEDSALEINERROR-LOT25, CRYSTAL SANDS, UNIT
H - RONALD ADAMSON, SR. (ANN ROBINSON) .................... 9
7.0. SUMMER LIBRARYREADING PARTNERSHIP PILOT
PROJECT GRANT- FLORIDA DEPARTMENT OF STATE,
DIVISION OFLIBRARYAND INFORMA TION SER VICES -
$7,500 ............................................................................................ 9
7.P. GEORGE BUETTELL -FINAL PLA TAPPROVAL FOR THE
PRIVATE ROAD RIGHT-OF-WAY TO BE KNOWNAS
BUTTERFLYLANE - WEST SIDE OF 86THAVENUE, 600'
NORTH OF 2l ST STREETS W ................................................. 10
7.Q. LAKESIDE APARTMENTS - BAINBRIDGE DEVELOPMENT
GROUP, LLC - ONE YEAR EXTENSION OF CONDITIONAL
SITE PLAN TO APRIL ll, 2004 FOR MUL TI-FAMIL Y
RESIDENTIAL DEVELOPMENT (MOSEY & ASSOCIATES,
INC.)........................................................................................... 10
May 6, 2003 4
7.R. RESOLUTION 2003-052 -SEASONS PLANNED
DEVELOPMENT- ACCEPTANCE OF SUBSTITUTE LETTER
OF CREDIT- MODIFICATION TO CONSTRUCTION
CONTRACT- EXTEND IMPROVEMENT COMPLETION
DATE TO FEBR UARY 12, 2004 (M -R HOMES, LTD) .............. 11
HOMELESS ASSISTANCE CENTER, INC. PERFORMANCE
MEASURE MONITORING GRANT AGREEMENT (HUD) .... 12
7. T. SEA OAKS PLANTATIONHOUSES PD -FINAL PLAT
APPROVAL AND CONTRACT FOR REMAINING REQUIRED
IMPROVEMENTSAND CASHESCROWAGREEMENT (SEA
OAKS INVESTMENTS LTD.) .................................................... 12
7.U. FLOODPLAIN CUT AND FILL BALANCE WAIVER - -
WHELAN RESIDENCE - LOT 7, BLOCK 19, VERO LAKE
ESTATES UNIT 4 - KELLER, SCHLEICHER AND
MA CWILLIAM ENGINEERING AND TESTING, INC. (CAPP
CUSTOM B UILDERS)............................................................... 13
7.V FLOODPLAIN CUT AND FILL BALANCE WAIVER -
CHORMA RESIDENCE - LOT 13, BLOCK 19, VERO LAKE
ESTATES UNIT 4 - B UR GOON BER GER CONSTRUCTION-
KELLER, SCHLEICHER & MAC WILLIAM ENGINEERING
AND TESTING, INC.................................................................. 13
7.W. PROCLAMA TIONDESIGNA TING THE MONTH OFAPRIL AS
NATIONAL DRUG COURT MONTH ........................................ 13
May 6, 2003 5
9.A.1. PUBLIC HEARING - INDIAN RIVER CHARTER SCHOOL, INC.
VISUAL & PERFORMING ARTS CENTER - REQUEST FOR
SPECIAL EXCEPTION USE APPROVAL FOR AN EXPANSION OF
THE EXISTING CHARTER HIGH SCHOOL - MOSBY &
ASSOCIATES, INC.- (QUASI-JUDICIAL)..........................................14
9.A.2. PUBLIC HEARING - CONSIDERATION OF A SIX-MONTH
MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR
PLANNED RESIDENTIAL DEVELOPMENTS AND ON THE
ISSUANCE OF PERMITS AND APPROVALS FOR THE
CONSTRUCTION OF PLANNED RESIDENTIAL
DEVELOPMENTS (WORKSHOPS SCHEDULED FOR JUNE 6, 2003
ANDJUNE 13, 2003)..............................................................................15
9.A.3. PUBLIC HEARING - ORDINANCE 2003-016 AMENDING THE
PUBLIC ROAD PAVING/ESCROW REQUIREMENTS, AMENDING
LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 952
(LEGISLATIVE)....................................................................................19
9.A.4. PUBLIC HEARING - ORDINANCE 2003-017 - COUNTY
INITIATED REQUEST TO UPDATE THE CAPITAL
IMPROVEMENTS AND TRANSPORTATION ELEMENT OF THE
COMPREHENSIVE PLAN...................................................................21
May 6, 2003 6
9.B.1. PUBLIC DISCUSSION ITEM - CLARENCE MARSDEN, TRIO -3
INDUSTRIES, INC. - GIFFORD WASTEWATER TREATMENT
FACILITY CONTRACT TO ELIMINATE ODOR PROBLEM ........ 22
9.B.2. PUBLIC DISCUSSION ITEM - BRIAN HEADY - REQUEST TO
DISCUSS LETTER TO LEGISLATURE ON CUTTING VETERANS
BENEFITS..............................................................................................24
9.C.1. PUBLIC NOTICE ITEM - SCHEDULED FOR PUBLIC HEARING
ON MAY 20, 2003...................................................................................24
A. RANDLE PR OPER TIES, INC. - REQUEST TO REZONE 3. 11
ACRES FROM CG TO PD, MODIFY THE ATTIC 60
CONCEPTUAL AND PRELIMINARYPD PLAN/PLAT FOR
OUTDOOR VEHICLE STORAGE AND MINI-STORA GE
FACILITIES- (LEGISLATIVE) ................................................ 24
B. SOUTHEAST PALMBEACH- REQUEST TO REZONE 47.13
ACRESL0CATED ON SOUTHEAST CORNER OF 9TH
STREETS WAND 58 THA VENUE FR 0MA-1, AGRICULTURAL
DISTRICT (UP TO I UNIT/5 ACRES), TO RS -3, SINGLE
TAMIL YRESIDENTIAL DISTRICT (UP TO 3 UNITS/ACRE)
(QUASI-JUDICIAL)................................................................... 24
May 6, 2003 7
I I.B.1. EMERGENCY MANAGEMENT PERFORMANCE GRANT
FUNDING (DEPARTMENT OF COMMUNITY AFFAIRS) AND
APPROVAL OF EXPENDITURES (ENCORE BROADCAST
EQUIPMENT)........................................................................................25
I I.B.2. MITIGATION PLANNING APPLICATION FOR HAZARD
MITIGATION GRANT PROGRAM - FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS......................................................................25
I I.C.1. BID #5050 -16" BRINE PIPELINE ON 58TH AVENUE FROM 77TH
STREET TO 57TH STREET AND EAST ON 57TH STREET TO
BENT PINE R.I.B. SITE - TRI -SURE CORPORATION ...................26
II.C.2.RFQ #5022 - SHERIFF'S ADMINISTRATION BUILDING HVAC -
ENGINEERING SERVICES - CHILLER REPLACEMENT - TLC
(TILDEN LOBINTZ COOPER OF COCOA, FL)...............................26
11.G.1.SURVEYING AND MAPPING SERVICES FOR THE SOUTHWEST
INDUSTRIAL STORMWATER PARK - CARTER ASSOCIATES,
INC. - FINAL PAY REQUEST - WORK ORDER #1 .........................27
11.G.2.OSLO ROAD RIGHT-OF-WAY ACQUISITION - OSLO
ROAD/43RD AVENUE IMPROVEMENTS - DELORES P. WILLIS.
......................................................................................................27
May 6, 2003 8
11.G.3. ANNUAL CONTRACT TO PROVIDE SURVEYING AND
MAPPING SERVICES - KIMLEY-HORN AND ASSOCIATES -
WORK ORDER NO.3 - PROJECT NO. 0138 .....................................28
11.H.1.TROPICAL ISLES SUBDIVISION - DEVELOPER'S AGREEMENT
FOR CONSTRUCTION OF ON-SITE SANITARY SEWER
INTEGRATED COLLECTION SYSTEM - ATLANTIC COAST
CONSTRUCTION AND DEVELOPMENT, INC................................28
I I.H.2. RESOLUTIONS 2003-053/054 - PROVIDING FOR WATER MAIN
EXPANSION TO WILDWOOD SUBDIVISION (25TH STREET
EAST OF 82ND AVENUE) (053) AND SETTING A TIME AND
PLACE AT WHICH THE OWNERS OF PROPERTIES LOCATED
IN WILDWOOD SUBDIVISION (25TH STREET EAST OF 82ND
AVENUE) AND OTHER INTERESTED PERSONS, MAY APPEAR
BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE
HEARD AS TO THE PROPERTY AND ADVISABILITY OF
CONSTRUCTING THE WATER MAIN EXTENSION (054) ............29
12.A. ATTORNEY-CLIENT SESSION WITH THE BOARD OF COUNTY
COMMISSIONERS REGARDING A PROPOSED SETTLEMENT
OF WORKER'S COMPENSATION CLAIM OJCC NO.
02-021907PSL..........................................................................................29
May 6, 2003 9
12.B. ACCESS NOW, INC. AND GRADY VS. LOS ANGELES DODGERS,
INC., DODGERTOWN, INC. - HARRISON CONFERENCE
SERVICES OF FLORIDA, INC. AND INDIAN RIVER COUNTY
(CAROL LUMPKIN OF LITTLER MENDELSON, P.C.) .................30
14.A. EMERGENCY SERVICES DISTRICT................................................30
14.B. SOLID WASTE DISPOSAL DISTRICT..............................................31
14.C. ENVIRONMENTAL CONTROL BOARD..........................................31
May 6, 2003 10
May 6, 2003
REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular Session at
the County Commission Chambers, 1840 251h Street, Vero Beach, Florida, on Tuesday, May 6, 2003, at
9:00 a.m. Present were Kenneth R. Macht, Chairman; Caroline D. Ginn, Vice Chairman; and
Commissioners Fran B. Adams, Thomas S. Lowther, and Arthur R. Neuberger. Also present were James
E. Chandler, County Administrator; William G. Collins, II, County Attorney; and Maria I. Suesz, Deputy
Clerk.
1. CALL TO ORDER
Chairman Macht called the meeting to order at 9:00 a.m.
2. INVOCATION
Pastor Jack Diehl, Our Savior Lutheran Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Arthur R. Neuberger led the Pledge of Allegiance to the Flag.
May 6, 2003 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Macht requested the following additions and changes to today's Agenda:
1. Add Item 5.E., Proclamation Designating May 5-9, 2003 as Law Week.
2. Correct Item 7.S., Children's Services Advisory Committee should read "Homeless Assistance
Center".
3. Add Item 7.W., Proclamation Designating the Month of April as National Drug Court Month.
4. Additional Backup Item 9.A.1, Attachment 7, Planning and Zoning Commission Meeting
Minutes of April 10, 2003.
5. Additional Backup Item 9.A.3, Attachment 6, Ordinance Amending LDR Section 952.09.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously made the above changes
to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PROCLAMA TIONDESIGNA TING THE MONTH OFMAYAS CIVILITYMONTH
ININDIANRIVER COUNTY
Commissioner Lowther read the Proclamation aloud and presented it to County Attorney
William G. Collins, II who accepted it on behalf of the Florida Bar Association.
5.B. PROCLAMATIONDESIGNATING MAY, 2003 AS FLORIDA STATE PARKS
MONTHININDIANRIVER COUNTY
Commissioner Adams read the Proclamation aloud and presented it to Ronald N. Johns
Park Manager of Sebastian Inlet State Park who thanked everyone for their support.
May 6, 2003 2
5.C. PROCLAMA TIONDESIGNA TING MAY 6 —12.2003 AS NATIONAL NURSES
WEEKININDIANRIVER COUNTY
Chairman Macht read the Proclamation aloud and presented it to the President of Local
District 17 Florida Nurses Association, Susan Leonard, who accepted on behalf of all the nurses
in the County.
5.D. PROCLAMA TIONDESIGNA TING MAY 10 —18.2003 AS THE 20TIIANNUAL
CELEBRA TION OF NA TIONAL TOUR-ISM WEEK ININDIAN RIVER COUNTY
Commissioner Ginn read the Proclamation aloud and presented it to the Chair of the
Tourism Division at the Indian River County Chamber of Commerce, Renea Brock, who
expressed thanks to the Board for the support and acknowledgement of the importance of tourism
in our community.
5.E. PROCLAMATIONDESIGNATING MAY 5 - 9.2003 AS LAW WEEK
Commissioner Neuberger read the Proclamation aloud and presented it to County
Attorney Will Collins who accepted on behalf of the Indian River County Bar Association.
Attorney Collins who had the opportunity to Co -Chair Law Week in 1986 said, "It is a good
opportunity for attorneys to get out of their offices and into the schools to bring an understanding
of law to the community."
6. APPROVAL OF MINUTES - APRIL 15, 2003
The Chairman asked if there were any corrections or additions to the Minutes of the Regular
Meeting of April 15, 2003. There were none.
May 6, 2003 3
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved the
Minutes of the Regular Meeting of April 15, 2003, as written and
distributed.
7. CONSENT AGENDA
County Attorney Collins pulled Item 7.R. for discussion.
(CLERK'S NOTE: ITEM 7.R. DISCUSSION PRECEDED ITEM 7.A.)
7.A. REPORTS
The following report has been received and is on file in the Office of the Clerk to the Board:
1. Office of Attorney General, Division of Victim Services and Criminal Justice
Programs, Annual Report for FY 2001-2002.
7.B. APPROVAL OF WARRANTS
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously approved the list
of Warrants issued by the Clerk to the Board for the period from
April 11, 2003 through April 17, 2003, as requested.
May 6, 2003 4
7.C. APPROVAL OF WARRANTS
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously approved the list
of Warrants issued by the Clerk to the Board for the period from
April 18, 2003 through April 24, 2003, as requested.
7.D. RESOL UTION 2003-051— STATE OF FLORIDA BEACHEROSION CONTROL
PROGRAM— REO UEST FOR ASSISTANCE (FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION)
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously adopted
Resolution 2003-051 requesting assistance from the State of Florida
Beach Erosion Control Program.
7.E. BEACHRESTORATIONPROJECT—APPLIED TECHNOLOGYAND
MANAGEMENT, INC. (ATM) PHASE III SERVICES — FLORIDA DEPARTMENT
OFENVIRONMENTAL PROTECTION COST SHARING UNDER GRANT
AGREEMENT 98IR1—RELEASE OF RETAINAGE
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously approved the
application for release of retainage in the amount of $43,140.61 to
Applied Technology and Management, Inc, as recommended in the
memorandum.
May 6, 2003 5
7.F. MAINSTREETPROFESSIONAL BUILDING 12" WATER MAINFROM
LOUISIANA AVENUE TOINDIANRIVER DRIVE - PAYREOUEST #SAND FINAL
PAYMENT- MAXWELL CONTRACTING, INC.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously approved Pay
Request No. 5 and Final Payment to Maxwell Contracting, Inc, in the
amount of $36,449.68, as recommended in the memorandum.
7.G. WEST SIDE U.S.] WATER ASSESSMENT PROJECT FROM C512 TO WALMART
UCP NO. 2137 -MAXWELL CONTRACTING, INC. - FINAL PAYMENT AND
RELEASE OFRETAINAGE
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously approved Final
Payment and Release of Retainage to Maxwell Contracting, Inc. in
the amount of $100,185.93, as recommended in the memorandum.
7.H. BEACHANDSHORE PRESERVATIONADVISORYCOMMITTEE
APPOINTMENT OFBILL GLYNN TO REPLACE GEORGE GROSS, BETH
MITCHELL TO REPLACE VIRGINIA MANNAND RALPH SEXTON TO REPLACE
ED CARR
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously acknowledged the
appointment of Bill Glynn to replace George Gross; Beth Mitchell to
replace Virginia Mann; and Ralph Sexton to replace Ed Carr to the
Beach and Shore Preservation Advisory Committee.
May 6, 2003 6
7.L AGRICULTUREADVISORY COMMITTEE (AAC) -APPOINTMENT OFROBERT
C. ADAIR. JR. REPLACING JERRY JOHNSON
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously acknowledged the
appointment of Robert C. Adair, Jr. to the Agriculture Advisory
Committee (AAC) replacing Jerry Johnson.
7.J. AGRICULTUREADVISORY COMMITTEE (AAC)—ELECTION OFMARK
SANCHEZ AS CHAIRMANAND BILL THOMPSONAS VICE CHAIRMAN
The Commissioners noted the appointment of Mark Sanchez as Chairman and Bill
Thompson as Vice Chairman to the Agriculture Advisory Committee.
7.K. BID #5043 —SOUTH COUNTY WASTEWATER TREATMENT FACILITY
(SCWWTF) —INSTALLATION OFASME CODE HYDROPNEUMATIC TANK -
GENERAL PHYSICS CORPORATION
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously approved the
purchase and installation of an ASME Code Hydropneumatic Tank
at the South County Wastewater Treatment Facility by General
Physics Corporation, as recommended in the memorandum.
May 6, 2003 7
7.L. REIMBURSEMENT FOR OUT OF COUNTY TRAVEL FOR COMMISSIONER
CAROLINE D. GINN —TREAS URE COAST REGIONAL PLANNING COUNCIL
CONSENSUS BUILDING WORKSHOP M APRIL 29, 2003, ST. LUCIE COUNTY
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously approved
reimbursement to Commissioner Caroline D. Ginn for out of county
travel to the Treasure Coast Regional Planning Council Consensus
Building Workshop 41 held April 29, 2003, as requested.
7.M. SUPPORTINDIANRIVER CITRUS LEAGUE IN OPPOSING THE REMOVAL OF
THE TARIFF ONIMPORTED CITRUS PRODUCTS
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board authorized the County
Attorney to draft a Resolution for adoption in support of "no
reduction in the current United States tariff on imported citrus
products", as recommended in the memorandum.
May 6, 2003 8
7.N. TAXDEEDSALE INERROR—LOT25,CRYSTAL SANDS. UNITH—RONALD
ADAMSON. SR. (ANNROBINSON)
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously authorized the
Chairman to accept the deed from Ronald Adamson, Sr. and execute
the deed to Ann Robinson in order to put all the parties in their
proper pre-tax deed sale position, as recommended in the
memorandum.
COPY OF COUNTY DEED IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.0. SUMMER LIBRARYREADING PARTNERSHIP PILOT PROJECT GRANT—
FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARYAND
INFORMA TION SER VICES - $7,500
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously authorized the
Chairman to sign the Agreement and return it to the Library Services
Director for forwarding to the State Library Staff, as recommended
in the memorandum.
GRANT AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
May 6, 2003 9
7.P. GEORGE BUETTELL -FINAL PLATAPPROVAL FOR THE PRIVATE ROAD
RIGHT-OF-WAY TO BE KNOWNAS B UTTERFL YLANE — WEST SIDE OF 86TTT
AVENUE. 600' NORTH OF 21 ST STREET S. W.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously granted approval
of the Final Plat for the Private Road Right -Of -Way to be known as
Butterfly Lane on the west side of 861'' Avenue, 600' north of 21"
Street S.W. requested by George Buettell, as recommended in the
memorandum.
7.0. LAKESIDEAPARTMENTS - BAINBRIDGE DEVELOPMENT GROUP, LLC -ONE
YEAR EXTENSION OF CONDITIONAL SITE PLAN TO APRIL 11, 2004 FOR
MULTI-FAMILYRESIDENTIAL DEVELOPMENT (MOSBY& ASSOCIATES,
INC.)
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously approved
Bainbridge Development Group, LLC's request for a one-year
extension to April 11, 2004 of the conditional site plan for
multi -family residential development with all original approval
conditions to remain in effect, as recommended in the memorandum.
May 6, 2003 10
7.R. RESOL UTION2003-052 -SEASONS PLANNED DEVELOPMENT- ACCEPTANCE
OF SUBSTITUTE LETTER OF CREDIT- MODIFICATION TO CONSTRUCTION
CONTRACT —EXTEND IMPROVEMENT COMPLETIONDATE TO FEBRUARY
12, 2004 (M -R HOMES, LTD)
(CLERK'S NOTE: THIS ITEM WAS DISCUSSED PRIOR TO ITEM 7.A.)
County Attorney Collins read the recommendation for an extension of the Contract for
Construction and to accept a substitute Letter of Credit for the Seasons Planned Development. At
this point, Seasons has not provided a substitute Letter of Credit. He asked the Board to adopt a
Resolution authorizing staff to pull the Letter of Credit of February 12, 2002 if the substitute
Letter of Credit is not delivered before May 12, 2003.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Neuberger, the Board unanimously approved
modifying the construction contract; adopted Resolution 2003-052
declaring default by M -R Homes, LTD, a Florida Limited
Partnership in its improvements to Seasons PD. and authorizing staff
to make sight draft against Bank of America Irrevocable Standby
Letter of Credit No. 3046140 dated February 12, 2002 in the event
the substitute LOC is not received prior to May 12, 2003.
COPY OF DOCUMENTS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
May 6, 2003 11
7.S. GUI REN W SER VIMAD VISOR v COMA HOMELESS ASSISTANCE
CENTER, INC. PERFORMANCE MEASURE MONITORING GRANT
AGREEMENT (HUD)
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously authorized the
Chairman to sign and execute the Performance Measure Monitoring
Grant Agreement with Homeless Assistance Center, Inc., as
recommended in the memorandum.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7. T. SEA OAKS PLANTATIONHOUSES PD -FINAL PLAT APPROVAL AND
CONTRACT FOR REMAINING REOUIRED IMPROVEMENTSAND CASH
ESCROWAGREEMENT (SEA OAKS INVESTMENTS LTD.)
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously granted Final Plat
approval for Sea Oaks Plantation Houses PD and authorized the
Chairman to execute the submitted Contract for Construction of
Remaining Required Improvements and the Cash Escrow
Agreement, as recommended in the memorandum.
AGREEMENT WILL BE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
May 6, 2003 12
7.U. FLOODPLAIN CUTAND FILL BALANCE WAIVER - - WHELANRESIDENCE -
L OT 7, BL OCK 19, VERO LAKE ESTATES UNIT 4 — KELLER, SCHLEICHER AND
MACWILLIAMENGINEERINGAND TESTING, INC. (CAPP CUSTOM
BUILDERS)
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously granted the Cut
and Fill Balance Waiver for Lot 7, Block 19, Vero Lake Estates, Unit
4 (Whelan residence) based on the criteria of Section 930.07(2)(4)4
of the Stormwater Management and Flood Protection Ordinance, as
recommended in the memorandum.
7. V. FLOODPLAIN CUT AND FILL BALANCE WAIVER - CHORMA RESIDENCE -
L OT 13. BL OCK 19. VEROLAKE ESTATES UNIT 4—BURGOONBERGER
CONSTRUCTION—KELLER, SCHLEICHER & MACWILLIAMENGINEERING
AND TESTING, INC.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously granted the Cut
and Fill Balance Waiver for Lot 13, Block 19, Vero Lake Estates
Unit 4 (Chorma residence) based on the criteria of Section
930.07(2)(4)4 of the Stormwater Management and Flood Protection
Ordinance, as recommended in the memorandum.
7.W. PROCLAMA TIONDESIGNA TING THEMONTH OFAPRIL AS NATIONAL DRUG
COURT MONTH
The Board entered the Proclamation on the record.
May 6, 2003 13
9.A.1. PUBLIC HEARING - INDIAN RIVER CHARTER SCHOOL, INC.
VISUAL & PERFORMING ARTS CENTER - REOUEST FOR SPECIAL
EXCEPTION USE APPROVAL FOR AN EXPANSION OF THE EXISTING
CHARTER HIGH SCHOOL - MOSBY & ASSOCIATES, INC.-
(OUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Division Director Stan Boling reviewed the memorandum using a Power Point
presentation (copy on file with today's backup).
matter.
The Chairman opened the public hearing and asked if anyone wished to be heard regarding this
Rene Ramsey, 350 E. Midtown Road, Vero Beach, asked how many students are in the present
student body and what is the source of funding for these buildings.
Director Boling stated that 250 students are proposed for these facilities and referred the answer
on the current student body and funding to the applicant.
Gene Waddell, 8155 251'' Street, Vero Beach, a Board member of Charter High School, said the
school intends to have an additional 250 students and that the school is publicly funded.
Chairman Macht inquired if the Charter originated from the local Board of Education or the State.
Mr. Waddell replied that they have a private Board and are sponsored by the Indian River County
School District. The word "Charter" is a contract between their Board and the School District to provide
educational services and operate with public school money. He continued by giving a brief history of the
Charter School from 1998 to present.
May 6, 2003 14
The Chairman asked if anyone else wished to be heard with regard to this matter. There being
none, the Chairman closed the public hearing.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board unanimously granted the Special
Exception Use approval for the proposed Charter School expansion
with the following condition: prior to issuance of a certificate of
occupancy (C.O.) for the new building, the applicant shall construct
or bond out the required College Lane sidewalk, as recommended by
staff.
9.A.2. PUBLIC HEARING — CONSIDERATION OF A SIX-MONTH MORATORIUM ON THE
ACCEPTANCE OF APPLICATIONS FOR PLANNED RESIDENTIAL
DEVELOPMENTS AND ON THE ISSUANCE OF PERMITS AND APPROVALS FOR
THE CONSTRUCTION OF PLANNED RESIDENTIAL DEVELOPMENTS
(WORKSHOPS SCHEDULED FOR JUNE 6, 2003 AND JUNE 13, 2003)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Attorney Collins reviewed the intent and structure of a proposed Ordinance prepared
following the Board meeting of April 22, 2003 and as defined in his memorandum. He clarified that this
ordinance will not apply to any approved commercial or residential planned development or any
modifications of planned developments approved at staff level. He also noted that the Board needs to
approve continuing the process of any pending planned developments. (See List of PD's on page 187 &
188 of the backup) and that decision needs to be added to the Ordinance.
May 6, 2003 15
Planning Division Director Stan Boling advised the Board that additional applications have been
received since the submittal of the list in the backup.
Commissioner Adams inquired if any of the newly received applications had any 50 foot or 60 foot
lot sizes and Director Boling advised that two had minimum lot widths of 70 feet or greater and one had a
combination of 70 feet and 60 feet, all ranging from 7,000 to 10,500 square feet.
Chairman Macht noted that one application indicated lot width of 45 feet and Director Boling
explained that was a modification of Pointe West, an existing PD.
Chairman Macht clarified that the key word on the moratorium is "up to 6 months". With the
workshop scheduled for mid-June he anticipated completing their work and being able to terminate the
moratorium by the end of June.
The Chairman opened the public hearing and asked if anyone wished to be heard with regard to
this matter.
Steve Moler, Masteller, Moler and Associates, said he was not in favor of the moratorium. He did
not see a need for a moratorium when the Board has the right to deny any planned development.
Commissioner Adams answered that if the Board does deny a PD, they cannot come back with a
new plan for a year. The Board needs to establish a comfort level with staff as to what the Board wants
and some understanding as to the quality needed.
Mr. Moler stated that the word was out this Board is considering a moratorium because they were
not in favor of small lots.
Chairman Macht explained that a formalized process is needed whereby they can listen to public
input and initiate some rules that are acceptable to everyone.
Gene Winne, 2096 Riverway, a member of the Planning and Zoning Commission felt it was
important to initiate a moratorium. He felt the language needs to be improved in the Land Use
Regulations, not only in reference to lot size, but also in compatibility with surrounding neighborhoods.
Ron Andrews, 6414 55th Square, spoke on behalf of developments of regional impacts and said
that the moratorium makes sense, but not in a long established project, such as Grand Harbor.
May 6, 2003 16
Bob Swift, 6450 Glendale Road, felt the moratorium was an overreaction to a situation that the
Board can control. He sees the good being eliminated with the bad and asked that the Board consider each
PD on an individual basis. He also urged the Board to schedule workshops and not approve a moratorium
due to the economical impact on business.
Dr. Richard Baker, President of the Pelican Island Audubon Society, read a memorandum (copy
of memorandum is filed with the backup to this meeting) making the following recommendations: The
Audubon Society supports the moratorium of new planned developments while the Board revisits growth
laws. They are willing to provide workshops inviting others in Florida who have been involved in
successful developments for ideas, costs and benefits. They feel a need to review the Comp Plan to see if
it is leading us where we want to go or if it needs revision.
Brian Heady, Vero Beach, said we should not pass an ordinance that we believe is only going to
be needed for a few short weeks when passing such an ordinance could expose the taxpayers to lawsuits as
the current rash of ordinances and moratoriums in the City has exposed the City.
Roy Herschfeld, 4055 12th Street SW in Shady Oaks, said he wholeheartedly agreed that the
current specifications need to be revised. He supported the moratorium and having a PD workshop that
will provide new requirements that will encompass larger lots and PDs compatible with current demand.
Peter Jones, 1924 51h Ave, SE, asked the Board from an economic, planning and environmental
standpoint to move forward with a workshop to look at the issues without authorizing a moratorium that
would affect the industry.
Richard Vyalosky is an Architect and Developer who relocated here from Santa Barbara,
California. He urged the Board to proceed with workshops and put more emphasis on details, and to rely
on our planning staff, but not to impose a moratorium.
Joseph Pallin, President of Land Coast Development, said he is not against a moratorium but
believes the word moratorium should not be used due to misconceptions.
Dr. Robert Nicholas, 6530 51h Lane, said he supported a moratorium because it would give us a
chance to look at and evaluate our vision of this County. He feels the planners must reflect what this
county needs and not what the developers want. He encouraged the Board not to lose their vision and to
include a few members of the general public in the workshops.
May 6, 2003 17
Chip Landers, 1295 45th Court SW, President of the County Realtors Association, said he was
concerned with the time frame of a moratorium and urged the Board to consider the repercussions of what
they are doing for the long term and not just for six months.
David Unversaw, General Manager of Treasure Coast Refuse, was concerned with a
moratorium's impact on the County and his business. He thinks we need a vision of the quality and type of
developments we want to see, but did not think we want to stop development. A moratorium now would
hurt us economically and he hoped that the County will continue to grow in the right direction.
Developer Jerry Swanson, 6426 33rd Lane in Oak Chase, spoke in opposition to the moratorium.
He asked the Board to think of the economic impact and stated it is not easy for a developer to start and
stop production.
Brett Bragg, 1915 441'' Ave, expressed his feeling that every Tuesday is a workshop. He believed
we should have one more workshop without imposing a moratorium.
Dean Luethje, Carter Associates, said the word moratorium has a stigma about it and he strongly
suggested just having a workshop, with no moratorium.
Jim Kern, South Florida developer, encouraged the Board to avoid the word moratorium and felt
workshops are a good thing.
Co -Chair of the Planning and Zoning Commission Dr. David Cox, residing in Summerplace,
urged the Board to look at the PD process and increase communication with the public. He said if there
are problems they can be detected early in the process and the economic impact on all those involved
would be minimal.
Chairman Macht agreed there needs to be a stronger liaison with Planning and Zoning.
Chairman Macht asked if anyone else wished to be heard regarding this matter. There being none,
the Chairman closed the public hearing.
MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Neuberger, to hold workshops to look at the planned
development process with no moratorium.
May 6, 2003 18
Commissioner Ginn had concern for staff trying to develop workshops while at the same time
working on all incoming PDs. She supported the moratorium for a time period of less than six months and
requested that staff schedule the workshops as quickly as possible.
After some discussion, CONSENSUS was reached for the Commissioners to visit local PDs on
Friday, June 61h, and then on Friday, June 131'', hold a public workshop.
Chairman Macht commented that he had not previously realized the total flexibility of the planned
development process. Some PDs have been approved but have not completed the projects as they were
presented to the Board. He addressed some of the items that he would like to see restructured and agreed
that the moratorium was not necessary.
Commissioner Ginn consented to the motion as long as the workshops were scheduled in June.
THE CHAIRMAN CALLED THE QUESTION, the motion passed
unanimously. (Scheduled tour for June 6 and a workshop on June 13,
2003.)
(CLERK'S NOTE: THE CHAIRMAN ANNOUNCED A SHORT RECESS AT 10:50 AM. THE
MEETING WAS RECONVENED AT 10:59 A.M. WITH ALL MEMBERS PRESENT.)
(CLERKS NOTE: ITEM 12.A PRECEDED ITEM 9.A.3.)
9.A.3. PUBLIC HEARING - ORDINANCE 2003-016 AMENDING THE PUBLIC
ROAD PAVING/ESCROW REOUIREMENTS, AMENDING LAND
DEVELOPMENT REGULATIONS (LDRS) CHAPTER 952
(LEGISLATIVE)
May 6, 2003 19
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Division Director Stan Boling reviewed the memorandum using a Power Point
presentation (copy on file with the backup) and recommended the Board adopt the Ordinance.
Commissioner Adams stated that the Public Works Department should not have to come to the
Board for a petition paving project; it should be an automatic process.
Director Boling responded that there are not that many areas in the County that have this particular
situation. Traffic Engineering has already started looking at what is needed to get this done.
County Attorney Collins stated that this Ordinance provides the method for staff to either pave the
road or accept a petition. The process is not automatic because a public hearing is required where citizens
can ask for equalization of cost according to the benefits received.
The Chairman opened the public hearing and asked if anyone wished to be heard regarding this
matter. There being none, the Chairman closed the public hearing.
MOTION was made by Commissioner Neuberger, SECONDED by
Commissioner Ginn, to approve staffs recommendation.
Under discussion, Commissioner Adams requested adding an amendment that the paving of dirt
roads would automatically generate a public hearing rather than the developer having to obtain letters of
support.
Director Boling noted that Item C of the Ordinance gives staff the ability to initiate the process.
THE CHAIRMAN CALLED THE QUESTION and the motion
passed unanimously (Ordinance 2003-016 adopted regarding
amendment of public road paving/escrow requirements, amending
Land Development Regulations (LDRS) Chapter 952, and providing
for repeal of conflicting provisions, codification, sever ability and
effective date.
May 6, 2003 20
9.A.4. PUBLIC HEARING - ORDINANCE 2003-017 - COUNTY INITIATED
REOUEST TO UPDATE THE CAPITAL IMPROVEMENTS AND
TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Community Development Director Bob Keating reviewed the memorandum using a
Power Point presentation (copy on file with the backup) and presented staffs conclusions and
recommendation.
The Chairman opened the public hearing and asked if anyone wished to be heard regarding this
matter. There being none, the Chairman closed the public hearing.
MOTION WAS MADE by Commissioner Neuberger, SECONDED
by Commissioner Lowther, for discussion, to approve staffs
recommendation.
Commissioner Ginn stated, with reference to Policy 5.7 Potable Water Sub -element & Policy 5.8
Sanitary Sewer Sub -element, that the Senate felt we are not controlling urban sprawl.
Director Keating responded that they had misinterpreted the regulations and concurred when
advised that they only apply in limited circumstances.
Commissioner Ginn expressed strong concern over the building plans for the next 6 years,
especially as to emergency services and utilities, and felt she could not support the Capitol Improvements
Element amendment. She asked that the elements be separated and agreed to the Transportation Element
changes when she was assured by staff that the changes were necessary and limited.
May 6, 2003 21
THE CHAIRMAN CALLED THE QUESTION and the Board
unanimously adopted Ordinance 2003-017 amending the
Transportation Elements and amending the Capitol Improvements
Element of the Comprehensive Plan by a 4-1 vote (Commissioner
Ginn opposed).
9.B.1. PUBLIC DISCUSSION ITEM - CLARENCE MARSDEN, TRIO -3
INDUSTRIES, INC. - GIFFORD WASTEWATER TREATMENT
FACILITY CONTRACT TO ELIMINATE ODOR PROBLEM.
Clarence Marsden, President of Trio -3 Industries, gave a packet to the Board (copy was not
furnished to the Clerk) regarding the history of the ozone system. He wanted to prove to the Board that
their system does work and wanted to know why they are not contracting with his company. He reviewed
his memorandum (copy on file with the backup) and said he felt stonewalled. He was promised a 30 -day
trial to operate his equipment and within one week after the system was installed, a check was sent to Post
Buckley asking them to design an odor eliminating system. He said we already knew Trio -3 Industries had
succeeded in eliminating the odor within 24 hours. He has never heard from staff and his phone calls are
not being answered.
May 6, 2003 22
Commissioner Ginn stated she had not returned Mr. Marsden's call because she wanted to consult
with staff first. She read aloud from several research articles consisting of independent appraisals
regarding ozone that revealed significant objective data at several locations where the ozone system had
been found to be insufficient and expensive to operate. She could not support something that has not yet
been proven safe and sufficient.
Mr. Marsden felt she was not referencing currently proven technology. He referred her to two
documents included in his handout that refute her statements. He added that there is no history of ozone
causing any accident or fatality. Also, in 2001 the FDA approved the use of ozone on all food products.
He felt Commissioner Ginn had been handed a pack of lies.
Utility Services Director Erik Olson apologized to Mr. Marsden if there was a miscommunication
or perception of any guarantee. The process was delayed to obtain information on ozone, especially in
relation to water treatment due to their lack of experience with ozone. No purchase has been made.
Kimley-Horn and Associates, Post Buckley and CDM were asked to report on the process and all the
reports raised a red flag with respect to health issues in enclosed environments. GeoSyntec Consultants
was then asked to test the environment inside the building for hydrogen -sulfide (copy of report is with the
backup) and they indicate the air is safe within OSHA limits. They are moving forward with chlorine in the
scrubber system, and he is going to keep an open mind with a possible application of ozone as a
pre-treatment component. The objective is to reduce the odor within safe limits. However, flags have
been raised and the process will be monitored very carefully.
Commissioner Ginn asked Director Olson if he was concerned about the corrosive effects of ozone
and he responded that he would not want to use it on any mechanical equipment.
Mr. Marsden cited a list of cities and states that are using ozone and stated that somebody
believes in ozone and was sorry to report the County's information was incorrect.
Commissioner Ginn commended the staff for their exemplary approach to this situation.
May 6, 2003 23
9.B.2. PUBLIC DISCUSSION ITEM - BRIAN HEADY - REOUEST TO DISCUSS
LETTER TO LEGISLATURE ON CUTTING VETERANS BENEFITS
Brian Heady, Vero Beach, questioned why the Board was sitting silent on their vote to send a
demand in writing to the Legislature to remove all cutting of benefits to veterans and asked again that a
letter be sent to the Legislature. He reminded the Board that they voted to send a letter and asked that
they either advise staff to send the letter or reject the motion.
Chairman Macht asked staff for information from a previous meeting relative to this item.
(CLERK'S NOTE: The Chairman advised Mr. Heady at the April 15, 2003 meeting that all cuts to
veterans benefits had been withdrawn from Legislative consideration.)
9.C.1. PUBLIC NOTICE ITEM - SCHEDULED FOR PUBLIC HEARING ON
MAY 20, 2003
A. RANDLE PROPERTIES. INC. — REO UEST TO REZONE 3.11 ACRES FROM CG TO
PD. MODIFY THE A TTIC 60 CONCEPTUAL AND PRELIMINARYPD PLAN/PLAT
FOR OUTDOOR VEHICLE STORAGE AND MINI -STORAGE FACILITIES -
(LEGISLATIVE)
The Chairman read the notice into the record.
B. SOUTHEASTPALMBEACH—REOUESTTOREZONE 47.13ACRESLOCA TED
ON SOUTHEAST CORNER OF 9TH STREET SWAND 58THAVENUE FROMA-1.
AGRICULTURAL DISTRICT (UP TO 1 UNIT/5 ACRES). TO RS -3. SINGLE
TAMIL Y RESIDENTIAL DISTRICT (UP TO 3 UNITS/ACRE) (O U481 -JUDICIAL)
The Chairman read the notice into the record.
May 6, 2003 24
I I.B.1. EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDING
(DEPARTMENT OF COMMUNITY AFFAIRS) AND APPROVAL OF
EXPENDITURES (ENCORE BROADCAST EOUIPMENT)
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously accepted the
funding provided by Emergency Management Performance Grant
and approved the expenditures to be funded from the Emergency
Management Performance Grant, Hazardous Materials Emergency
Planning Agreement. The Board also approved the purchase of
composite and graphics hardware from Encore Broadcast
Equipment, all as said in the memorandum.
AWARD LETTER IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
I I.B.2. MITIGATION PLANNING APPLICATION FOR HAZARD
MITIGATION GRANT PROGRAM - FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously authorized the
Chairman to execute the State of Florida -Hazard Mitigation Grant
Program Mitigation Planning Application, as recommended in the
memorandum.
COPY OF GRANT APPLICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
May 6, 2003 25
I I.C.1. BID #5050 -16" BRINE PIPELINE ON 58TH AVENUE FROM 77TH
STREET TO 57TH STREET AND EAST ON 57TH STREET TO BENT PINE
R.I.B. SITE - TRI -SURE CORPORATION
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously awarded Bid
45050 to Tri -Sure Corporation in the amount of $942,766.00, and
authorized the Chairman to execute the agreement when the required
performance and payment bonds have been submitted along with
appropriate certification of insurance and the County Attorney has
approved the Agreement as to form and legal sufficiency, as
recommended in the memorandum.
AGREEMENT IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
II.C.2.RFO #5022 - SHERIFF'S ADMINISTRATION BUILDING HVAC -
ENGINEERING SERVICES - CHILLER REPLACEMENT - TLC
(TILDEN LOBINTZ COOPER OF COCOA, FL)
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously authorized staff to
establish a scope of service and negotiate a Contract with TLC of
Cocoa for the design services defined in RFQ 45022 with the final
agreement to be returned to the Commission for approval, as
recommended in the memorandum.
May 6, 2003 26
11.G.1.SURVEYING AND MAPPING SERVICES FOR THE SOUTHWEST
INDUSTRIAL STORMWATER PARK - CARTER ASSOCIATES, INC. -
FINAL PAY REOUEST - WORK ORDER #1
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board unanimously approved Release of
Retainage to Carter Associates, Inc. in the amount of $2,611.00.
Funding will come from Account No. 31524338-066510, as
recommended in the memorandum.
II.G.2.OSLO ROAD RIGHT-OF-WAY ACOUISITION - OSLO ROAD/43"
AVENUE IMPROVEMENTS - DELORES P. WILLIS
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously approved the
$7,500.00 purchase of Oslo Road Right -of -Way and authorized the
Chairman to execute the Contract, as recommended in the
memorandum.
AGREEMENT IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
May 6, 2003 27
11.G.3. ANNUAL CONTRACT TO PROVIDE SURVEYING AND MAPPING
SERVICES - KIMLEY-HORN AND ASSOCIATES - WORK ORDER NO.3
- PROJECT NO. 0138
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously authorized the
Chairman to execute the Agreement (Work Order No. 3). Funding
to be contributed by Property Appraisers Office and Public Works, as
recommended in the memorandum.
WORK ORDER #3 IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
11.H.1.TROPICAL ISLES SUBDIVISION - DEVELOPER'S AGREEMENT FOR
CONSTRUCTION OF ON-SITE SANITARY SEWER INTEGRATED
COLLECTION SYSTEM - ATLANTIC COAST CONSTRUCTION AND
DEVELOPMENT, INC.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously approved the
Developer's Agreement with Atlantic Coast Construction and
Development, Inc. in the total amount of $68,465.68; authorized
staff to recover capacity charges ($68,465.68) and line extension fees
from the adjacent future development; and authorized the Chairman
to execute the Developer's Agreement, as recommended in the
memorandum.
May 6, 2003 28
AGREEMENT IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
II.H.2.RESOLUTIONS 2003-053/054 - PROVIDING FOR WATER MAIN
EXPANSION TO WILDWOOD SUBDIVISION (25TH STREET EAST OF
82ND AVENUE) (053) AND SETTING A TIME AND PLACE AT WHICH
THE OWNERS OF PROPERTIES LOCATED IN WILDWOOD
SUBDIVISION (25TH STREET EAST OF 82ND AVENUE) AND OTHER
INTERESTED PERSONS, MAY APPEAR BEFORE THE BOARD OF
COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPERTY
AND ADVISABILITY OF CONSTRUCTING THE WATER MAIN
EXTENSION (054)
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board unanimously adopted Resolution
2003-053 approving the Preliminary Assessment Roll and Resolution
2003-054 establishing the public hearing date of Tuesday, June 3,
2003.
12.A. ATTORNEY-CLIENT SESSION WITH THE BOARD OF COUNTY
COMMISSIONERS REGARDING A PROPOSED SETTLEMENT OF
WORKER'S COMPENSATION CLAIM OJCC NO. 02-021907PSL.
(CLERK'S NOTE: THE ATTORNEY-CLIENT SESSION CONVENED AT 10:59 A.M. IN
THE COUNTY ADMINISTRATOR'S CONFERENCE ROOM AND THE BOARD RECONVENED
IN THE CHAMBERS AT 11:24 A.M.)
May 6, 2003 29
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously declined the
settlement offer.
12.11. ACCESS NOW, INC. AND GRADY VS. LOS ANGELES DODGERS, INC.,
DODGERTOWN, INC. - HARRISON CONFERENCE SERVICES OF
FLORIDA, INC. AND INDIAN RIVER COUNTY (CAROL LUMPKIN OF
LITTLER MENDELSON, P.C.)
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board unanimously authorized the
County Attorney to execute the forms transferring the files to Carol
Lumpkin at Littler Mendelson, P.C., as recommended in the
memorandum.
LETTER OF AUTHORIZATION AND
DIRECTION TO TRANSFER ALL FILES
IS IN THE BACKUP FOR THIS MEETING
IN THE OFFICE OF THE CLERK TO THE BOARD
14.A. EMERGENCY SERVICES DISTRICT
None
May 6, 2003 30
14.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Board of County
Commissions Meeting, the Board would reconvene as the Board of Commissioners of the Solid Waste
Disposal District. Those Minutes are being prepared separately.
14.C. ENVIRONMENTAL CONTROL BOARD
The Chairman announced that immediately upon adjournment of the Solid Waste Disposal District
Meeting, the Board would reconvene as the Board of Commissioners of the Environmental Control
Board. Those Minutes are being prepared separately.
There being no further business, on Motion duly made, seconded and carried, the Board adjourned
at 12:35 a.m.
ALL BACKUP DOCUMENTATION. RESOLUTIONS AND ORDINANCES ARE ON
FILE IN THE OFFICE OF THE CLERK TO THE BOARD
ATTEST:
Jeffrey K. Barton, Clerk Kenneth R. Macht, Chairman
Minutes Approved:
BCC/lVIIS/2003Minutes
May 6, 2003 31