HomeMy WebLinkAbout06/15/2004
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JUNE 15, 2004
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 ............................................................. 3
5.A.PDJ20–26,2004ARW ......... 3
ROCLAMATION ESIGNATING UNE AS MATEUR ADIO EEK
6.APPROVAL OF MINUTES - NONE .............................................................................. 3
7.CONSENT AGENDA ........................................................................................................ 3
7.A.R ........................................................................................................................ 3
EPORTS
7.B.W .................................................................................................................... 3
ARRANTS
7.C.TC–LE,I,DA
AX OLLECTOR IST OF RRORS NSOLVENCIES OUBLE SSESSMENTS AND
D2003TR ................................................................. 4
ISCOUNTS FOR THE AX OLL
7.D.THG–RFCFWT
HE ILL ROUP EQUEST FOR LOODPLAIN UT AND ILL AIVER FOR AX
P33-40-16-00000-0030-00014.1(555HA1A) .......................... 4
ARCEL IGHWAY
JUNE 15, 2004 1
7.E.R2004-058–MBA#013–F
ESOLUTION ISCELLANEOUS UDGET MENDMENT OURTH OF
JFF–CVBCS 5
ULY IREWORKS UNDING ITY OF ERO EACH AND ITY OF EBASTIAN
TH
7.F.R2004-059–RE10138C(L1,B
ESOLUTION ELEASE OF ASEMENT AT OURT OT LOCK
A,HOS)–JLP ....................... 5
IDDEN AKS UBDIVISION OSEPH AND ISA ETRULAK
7.G.B#6069–CNCR/OP,PII–T
ID ONSTRUCTION OF ORTH OUNTY ROJECT HASE IMOTHY
RC ........................................................................................... 6
OSE ONTRACTING
7.H.R2004-060–MBA#014 .................... 6
ESOLUTION ISCELLANEOUS UDGET MENDMENT
7.I.D,I.–DLS,PO–
S
UNLAND EVELOPMENT NC IAMOND AKE UBDIVISION HASE NE
MCCR
ODIFICATION TO ONTRACT FOR ONSTRUCTION OF EQUIRED
I .................................................................................................. 6
MPROVEMENTS
9.A.1.PUBLIC HEARING – INDIAN RIVER COUNTY MANATEE PROTECTION AND
BOATING SAFETY COMPREHENSIVE MANAGEMENT PLAN – PROPOSED
MODIFICATIONS (DRAFT TO FISH AND WILDLIFE COMMISSION) (LEGISLATIVE) . 7
9.B.1.PUBLIC DISCUSSION ITEM – BRIAN T. HEADY – QUALITY OF LIFE, THE
TAX BURDEN, AND EXPENDITURES OF COUNTY RESIDENTS ......................................... 8
9.B.2.PUBLIC DISCUSSION ITEM – JOHN T. WILLIAMS – IMPACT FEE DELAY,
PROCEDURAL INCONSISTENCIES OF COUNTY COMMISSION MEETINGS, AND TV
FOR PLANNING & ZONING ........................................................................................................... 9
RD
9.B.3.PUBLIC DISCUSSION ITEM – STUART SEGAL – 43 AVENUE PROJECT ..... 9
9.B.4.PUBLIC DISCUSSION ITEM - DIAN GEORGE – ROAD WIDENING PROJECTS
10
JUNE 15, 2004 2
9.C.1.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON JUNE 22,
2004 ........................................................................................................................... 10
9.C.1..
AORDINANCE IMPLEMENTING ARTICLE V COURT COST SHIFTS BETWEEN THE
() ................................................................... 10
STATE AND COUNTY LEGISLATIVE
9.C.1../()
BORDINANCE RELATING TO FIRE PROTECTIONFIRE PREVENTION LEGISLATIVE
........................................................................................................................... 10
9.C.2.SD,I.–RCP
UNLAND EVELOPMENT NC EQUEST FOR ONCEPTUAL LANNED
D(PD)SEUAP
EVELOPMENT PECIAL XCEPTION SE PPROVAL FOR A ROJECT TO
RD
KELLSC43
BE NOWN AS CHO AKE OCATED AT THE OUTHEAST ORNER OF THE
TH
A/17SSWI(SCMP
VENUE TREET NTERSECTION OUTH OUNTY ASTER LAN
A)(L) ....................................................................................... 10
REA EGISLATIVE
10.COUNTY ADMINISTRATORS MATTERS – PROPOSED COLLECTIVE
BARGAINING STRATEGY MEETING (IAFF LOCAL 2201) ................................................. 11
11.A.1.COUNTY TREE PROTECTION AND LAND CLEARING ORDINANCE –
CONSIDERATION OF PROPOSED AMENDMENTS ............................................................... 11
11.C.1.SHERIFF – JAIL WATER CONDITIONING SYSTEM – ACCEPTANCE OF
WRITTEN QUOTES IN LIEU OF SEALED BIDS FOR REPLACEMENT OF EQUIPMENT
– ALL RITE WATER CONDITIONING ....................................................................................... 13
TH
11.I.1.INDIAN RIVER BOULEVARD - ADDITIONAL STREETLIGHTS – 37 STREET
TH
TO 45 STREET – CITY OF VERO BEACH ELECTRIC DEPARTMENT .......................... 13
11.I.2.BARBER STREET RIGHT-OF-WAY – POO-SEN CHU AND KUEI-YING CHU –
RELEASE CONTRACT FOR PURCHASE .................................................................................. 14
JUNE 15, 2004 3
11.I.3.FLINCHUM-SCHLITT DEVELOPMENT II, LLC – THE FARMS WEST
THTH
SUBDIVISION (5 STREET SW PAVING WEST OF 66 AVENUE) – DEVELOPER’S
AGREEMENT ........................................................................................................................... 15
THTHST
11.I.4.39 AVENUE CORRIDOR BETWEEN 69 STREET AND 71 STREET –
PROJECT #0425 – MASTELLER, MOLER & REED, INC. – CONTINUING
PROFESSIONAL SURVEY SERVICES CONTRACT 0390 – 2003-2004 WORK ORDER NO.
1 - DESIGN/TOPOGRAPHIC SURVEY (ENGINEERING) ....................................................... 15
11.I.5.EASTERN COUNTY SECTIONAL SURVEY, PHASE I – TOWNSHIP STUDY
AND MAPPING SURVEY – PROJECT #0434 – CARTER ASSOCIATES, INC. –
CONTINUING PROFESSIONAL SURVEY SERVICES CONTRACT #0390 FY 2003-2004
AND FY 2004-2005 – WORK ORDER NO. 2 (ENGINEERING) ............................................... 16
11.I.6.PELICAN ISLAND WILDLIFE REFUGE UPLAND RESTORATION PROJECT
PHASE 1A – PROJECT #0435 – CARTER ASSOCIATES, INC. – CONTINUING
PROFESSIONAL SURVEY SERVICES CONTRACT #0390 – 2003-2004 WORK ORDER #3
– SPECIFIC PURPOSE/TOPOGRAPHIC SURVEY-SOUTHEAST AREA -
(ENGINEERING) ........................................................................................................................... 17
12.A.COUNTY ATTORNEY – NEW COUNTY ADMINISTRATION BUILDING –
STEVE BLUM, PROJECT MANAGER, TO ACT AS AUTHORIZED AGENT ON SITE
PLAN APPLICATION AND OTHER PERMITTING MATTERS REQUIRED BY THE CITY
OF VERO BEACH 18
12.B.COUNTY ATTORNEY – SETTLEMENT PROPOSALS – PETRUS VERUS, LLC
AND S.K.VERO, LLC – REQUEST FOR “SHADE” MEETING AT 11:30 A.M., JUNE 15,
2004 18
JUNE 15, 2004 4
13.A.CHAIRMAN CAROLINE D. GINN – SEBASTIAN INLET MANAGEMENT PLAN
(IMP) – REQUEST BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION
(DEP), BUREAU OF BEACHES AND COASTAL SYSTEMS, FOR AN INDIAN RIVER
COUNTY REPRESENTATIVE TO THE TECHNICAL ADVISORY COMMITTEE –
COASTAL RESOURCES MANAGER JONATHAN GORHAM APPOINTED ........................ 19
13.B.VICE CHAIRMAN ARTHUR R. NEUBERGER – INDIAN RIVER SOIL AND
WATER CONSERVATION DISTRICT, BOARD OF SUPERVISORS – REQUEST FOR
ASSISTANCE REGARDING DISPOSAL OF TRASH IN CANALS ......................................... 20
14.A.EMERGENCY SERVICES DISTRICT - NONE ......................................................... 21
14.B.SOLID WASTE DISPOSAL DISTRICT....................................................................... 21
14..1.B#6078–RCLFGR
BID EPLACEMENT OF HAIN INK ENCE AND ATE AT OSELAND
CC–NF,I. ............................................. 21
ONVENIENCE ENTER ATIONS ENCE NC
14.C.ENVIRONMENTAL CONTROL BOARD - NONE ................................................... 21
JUNE 15, 2004 5
June 15, 2004
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,
June 15, 2004, at 9:00 a.m. Present were Caroline D. Ginn, Chairman; Arthur R. Neuberger, Vice
Chairman; and Commissioners Thomas S. Lowther, and Kenneth R. Macht. Commissioner Fran
Adams was absent on legislative business. Also present were Joseph Baird, County Administrator;
Marian E. Fell, Assistant County Attorney; Kimberly Massung, Executive Aide to the Board; and
Patricia “PJ” Jones, Deputy Clerk.
1. CALL TO ORDER
Chairman Ginn called the meeting to order.
2. INVOCATION
Reverend Carol Trax, Community Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Macht led the Pledge of Allegiance to the Flag.
JUNE 15, 2004 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Ginn requested the following changes to today’s Agenda:
1. Add Memorandum of June 14, 2004, correcting the bid amount to Item 7.G., Bid
#6069 – Construction of North County R/O Project – Phase II.
2. Add Item 12.A., County Attorney – New County Administration Building – Steve
Blum, Project Manager, to Act as Authorized Agent on Site Plan Application and
Other Permitting Matters Required by the City of Vero Beach.
3. Add Item 12.B., County Attorney – Settlement Proposals – Petrus Verus, LLC and
S. K. Vero, LLC v. Indian River County – Request for “Shade” Meeting at 11:30
A.M., June 15, 2004.
4. Add Item 13.A., Chairman Caroline D. Ginn – Sebastian Inlet Management Plan
(IMP) – Request by Department of Environmental Protection (DEP), Bureau of
Beaches and Coastal Systems, for an Indian River County Representative to the
Technical Advisory Committee - Coastal Resource Manager Jonathan Gorham.
5. Add Item 13.B., Vice Chairman Arthur R. Neuberger – Indian River Soil and
Water Conservation District, Board of Supervisors – Request for Assistance
Regarding Disposal of Trash in Canals.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Lowther, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously made the
above changes to the Agenda.
JUNE 15, 2004 2
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PDJ20–26,2004AR
ROCLAMATION ESIGNATING UNE AS MATEUR ADIO
W
EEK
Commissioner Macht read the Proclamation and presented it to Fred Renninger.
Fred Renninger
thanked the Board on behalf of the Amateur Radio group and invited
everyone to a field day to be held on Saturday, June 19, 2004 at the Wabasso School to learn about
the group’s role in homeland defense and disaster communications.
6. APPROVAL OF MINUTES - NONE
7. CONSENT AGENDA
7.A. R
EPORTS
The following reports have been received and are on file in the office of the Clerk to
the Board:
Delta Farms Water Control District Budget for FY 2004/2005
7.B. W
ARRANTS
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Lowther, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously approved the
list of Warrants as issued by the Clerk to the Board for May
27 – June 3, 2004, as recommended by staff.
JUNE 15, 2004 3
7.C. TC–LE,I,D
AX OLLECTOR IST OF RRORS NSOLVENCIES OUBLE
AD2003TR
SSESSMENTS AND ISCOUNTS FOR THE AX OLL
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Lowther, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously authorized the
execution of the Recapitulation Report and directed staff to
forward the executed Report to the Clerk of Court, as
requested.
LISTOFERRORS,INSOLVENCIES,DOUBLE
ASSESSMENTSANDDISCOUNTSISONFILE
WITHTHECLERKOFTHECOURT
COPYOFRECAPITULATIONREPORTISON
FILEINTHEOFFICEOFTHECLERKTOTHEBOARD
7.D. THG–RFCFW
HE ILL ROUP EQUEST FOR LOODPLAIN UT AND ILL AIVER
TP33-40-16-00000-0030-00014.1(555HA1A)
FOR AX ARCEL IGHWAY
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Lowther, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously granted the
cut and fill balance waiver based on the criteria of Section
930.07(2)(d)1, as recommended by staff.
JUNE 15, 2004 4
7.E. R2004-058–MBA#013
ESOLUTION ISCELLANEOUS UDGET MENDMENT
–FJFF-CVBC
OURTH OF ULY IREWORKS UNDING ITY OF ERO EACH AND ITY
S
OF EBASTIAN
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Lowther, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously adopted
Resolution 2004-058 amending the Fiscal Year 2003-2004
Budget (Miscellaneous Budget Amendment #013).
7.F. R2004-059–RE10138C
TH
ESOLUTION ELEASE OF ASEMENT AT OURT
(L1,BA,HOS)–JLP
OT LOCK IDDEN AKS UBDIVISION OSEPH AND ISA ETRULAK
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Lowther, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously adopted
Resolution 2004-059 releasing an easement on Lot 1,
Hidden Oaks Subdivision (Joseph and Lisa Petrulak, 101
th
38 Court).
JUNE 15, 2004 5
7.G. B#6069–CNCR/OP,P
ID ONSTRUCTION OF ORTH OUNTY ROJECT HASE
II–TRC
IMOTHY OSE ONTRACTING
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Lowther, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously awarded Bid
#6069 to Timothy Rose Contracting in the amount of
$183,046.96, as recommended by staff.
BIDDOCUMENTSAREONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
7.H. R2004-060–MBA#014
ESOLUTION ISCELLANEOUS UDGET MENDMENT
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Lowther, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously adopted
Resolution 2004-060 amending the Fiscal Year 2003-2004
Budget (Miscellaneous Budget Amendment #014).
7.I. SD,I.–DLS,P
UNLAND EVELOPMENT NC IAMOND AKE UBDIVISION HASE
O–MCCR
NE ODIFICATION TO ONTRACT FOR ONSTRUCTION OF EQUIRED
I
MPROVEMENTS
JUNE 15, 2004 6
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Lowther, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously authorized the
Chairman to execute the Modification to Contract for
Construction of Required Improvements No.
SD-03-03-12CFCPH1 \[2002040141\] with Sunland
Development, Inc., as recommended by staff.
MODIFICATIONISONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
9.A.1. PUBLIC HEARING – INDIAN RIVER COUNTY MANATEE
PROTECTION AND BOATING SAFETY COMPREHENSIVE
MANAGEMENT PLAN – PROPOSED MODIFICATIONS
(DRAFT TO FISH AND WILDLIFE COMMISSION)
(LEGISLATIVE)
PROOFOFPUBLICATIONOFADVERTISEMENTFORHEARINGISONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
Chief of Environmental Planning Roland DeBlois reminded the Board that the original Plan
was adopted in August of 2000 and ratified by the State in November of 2000. Minor revisions have
been reported to MANWAC and accepted. An initial draft of the revisions was submitted to the
Board in November of 2003 and included some of the proposals being presented today. The
proposed modifications include powerboat ratios for marina restriction relief. Staff met with the
Fish and Wildlife Conservation Commission as well as the Jungle Trail Narrows’ representative and
modified some of the proposals based on their reviews.
JUNE 15, 2004 7
The Chairman opened the public hearing and asked if anyone wished to be heard regarding
this matter.
Bill Beardslee
, 621 Tomahawk Trail, Indian Trails Subdivision, Vice President of Jungle
Trail Narrows Association, stated that they support the amendment and urged the Board to support
it.
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 Macht, SECONDED by
Commissioner Lowther, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously approved the
proposed MPP modifications and authorized staff to
formally transmit the modifications to Florida Fish and
Wildlife Conservation Commission (FWC) for State
approval, as recommended by staff.
9.B.1. PUBLIC DISCUSSION ITEM – BRIAN T. HEADY – QUALITY
OF LIFE, THE TAX BURDEN, AND EXPENDITURES OF
COUNTY RESIDENTS
thrd
Brian T. Heady
, 406 19 Street, referred to the recent discussions on the 43 Avenue
improvements and expressed his opposition.
NO ACTION REQUIRED OR TAKEN.
JUNE 15, 2004 8
9.B.2. PUBLIC DISCUSSION ITEM – JOHN T. WILLIAMS –
IMPACT FEE DELAY, PROCEDURAL INCONSISTENCIES
OF COUNTY COMMISSION MEETINGS, AND TV FOR
PLANNING & ZONING
John T. Williams
, 1535 Smugglers Cove, read from his prepared statement (COPY ON
FILE WITH THE BACKUP FOR TODAY’S MEETING) regarding the delay in the impact fee
revisions; what he considered to be procedural inconsistencies in Board meetings; and requested
television coverage of the Planning and Zoning Commission meetings.
County Administrator Joe Baird commented that the delay in the impact fee revisions was
caused by the desire to wait until the School Board has finished its capital improvement plan so that
all items could be considered at one time. The consultant was not at fault in the delay.
Executive Aide to the Board Kimberly Massung commented that the P&Z meetings are now
being televised.
NO ACTION REQUIRED OR TAKEN.
RD
9.B.3. PUBLIC DISCUSSION ITEM – STUART SEGAL – 43
AVENUE WIDENING PROJECT
rd
Stuart Segal
, 407 43 Avenue SW, read from his prepared statement (COPY ON FILE
WITH THE BACKUP FOR TODAY’S MEETING) and expressed his concerns regarding
adequate emergency services for all the new development taking place. He also remarked that when
rd
he built his house in 1989, he was told that the expansion of 43 Avenue would occur in 2010. He
felt that taxpayers are giving up their quality of life in order to allow more development in the area
and commented that government agencies are in existence to protect the taxpayers from threats to
their safety.
NO ACTION REQUIRED OR TAKEN.
JUNE 15, 2004 9
9.B.4. PUBLIC DISCUSSION ITEM - DIAN GEORGE – ROAD
WIDENING PROJECTS
thrd
Dian George
, 1515 27 Avenue, expressed her opposition to the 5-laning of 43 Avenue,
thth
as well as proposed improvements to 20 and 27 Avenues. She noted that she will deliver a
subsequent letter to the Commissioners and to the Press Journal clarifying her opposition and
dissatisfaction with the procedures.
NO ACTION REQUIRED OR TAKEN.
9.C.1. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON JUNE 22, 2004
9.C.1..
AORDINANCE IMPLEMENTING ARTICLE V COURT COST SHIFTS BETWEEN
()
THE STATE AND COUNTY LEGISLATIVE
9.C.1.. /
BORDINANCE RELATING TO FIRE PROTECTIONFIRE PREVENTION
()
LEGISLATIVE
9.C.2. SD,I.–RCP
UNLAND EVELOPMENT NC EQUEST FOR ONCEPTUAL LANNED
D(PD)SEUAP
EVELOPMENT PECIAL XCEPTION SE PPROVAL FOR A ROJECT TO
KELLSC43
RD
BE NOWN AS CHO AKE OCATED AT THE OUTHEAST ORNER OF THE
A/17SSWI(SCMP
TH
VENUE TREET NTERSECTION OUTH OUNTY ASTER LAN
A)(L)
REA EGISLATIVE
The Chairman read the notices into the record.
JUNE 15, 2004 10
10. COUNTY ADMINISTRATORS MATTERS – PROPOSED
COLLECTIVE BARGAINING STRATEGY MEETING (IAFF
LOCAL 2201)
CONSENSUS WAS REACHED to hold a collective
bargaining strategy meeting immediately following this
meeting, as requested.
11.A.1. COUNTY TREE PROTECTION AND LAND CLEARING
ORDINANCE – CONSIDERATION OF PROPOSED
AMENDMENTS
Chief of Environmental Planning Roland DeBlois noted that staff had met with the
representatives of the Audubon Society to discuss the proposed revisions and that staff is now
asking the Board for further direction.
After brief discussion, Mr. DeBlois noted that commercial availability of trees is one of the
items staff took into consideration in drafting the revisions. Staff also included incentives for
relocating existing trees rather than removing and replacing them.
Chairman Ginn noted that she would like to see a minimum of 4” in Item B on Page 205 of
the backup.
Further discussion ensued regarding the advantages of replanting or replacing trees.
Dr. Richard Baker
, President of the Audubon Society, expressed his pleasure in the
cooperation of staff in working on these revisions and stated that the Society is in concurrence with
all of the revisions except that pine trees were removed from the specimen tree definition and the
elimination of properties under 1 acre. He felt that 98% of the County consists of building sites of
less than 1 acre. He wanted to see undeveloped lots protected, at least by requiring a permit to
remove trees.
JUNE 15, 2004 11
Community Development Director Bob Keating gave, as an example, the lots in Vero Lake
Estates which are mostly under 10,000 square feet, which does not leave much opportunity to save
trees. There would be a significant amount of staff time involved in order to have staff assess each
building permit property.
Dr. Baker
acknowledged that the County would need to hire additional staff; possibly 1
person in the office for processing and 1 person in the field.
Chairman Ginn commented that she would like to include properties which are being
redeveloped; such as properties where an older home is being torn down. She would like to see the
removal of massive oaks from these properties stopped.
MOTION WAS MADE by Commissioner Neuberger,
SECONDED by Commissioner Macht, to accept staff’s
recommendation.
Dr. Baker
questioned the amount of time involved in this process, and Community
Development Director Bob Keating assured him that the process will move expeditiously and that
the Audubon Society will be included in the process.
THE CHAIRMAN CALLED THE QUESTION and the
Motion passed by a 4-0 vote (Commissioner Adams
absent). (The Board approved the proposed amendments
to Chapter 927, Tree Protection and Land Clearing, to
include the changes identified as “county staff comments”
and directed staff to initiate the formal process for
amending Chapter 927 using staff’s proposed amendments,
all as recommended by staff).
JUNE 15, 2004 12
The Chairman called a recess at 10:25 a.m. and the Board reconvened at 10:34 with the
same members present.
11.C.1. SHERIFF – JAIL WATER CONDITIONING SYSTEM –
ACCEPTANCE OF WRITTEN QUOTES IN LIEU OF SEALED
BIDS FOR REPLACEMENT OF EQUIPMENT – ALL RITE
WATER CONDITIONING
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously approved
accepting three written quotes in lieu of obtaining sealed
bids and accepted the quote from All-Rite Water
Conditioning in the amount of $20,995.40 as the lowest
quote meeting the minimum capacity needed for water
treatment at the jail, as recommended by staff.
11.I.1. INDIAN RIVER BOULEVARD - ADDITIONAL
THTH
STREETLIGHTS – 37 STREET TO 45 STREET – CITY OF
VERO BEACH ELECTRIC DEPARTMENT
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously authorized the
JUNE 15, 2004 13
Public Works Director to make arrangements with the City
of Vero Beach Electric Department to extend the Indian
th
River Boulevard street light system between 37 Street and
th
45 Street, as recommended by staff.
11.I.2. BARBER STREET RIGHT-OF-WAY – POO-SEN CHU AND
KUEI-YING CHU – RELEASE CONTRACT FOR PURCHASE
Public Works Director Jim Davis reviewed the background of this proposed right-of-way
purchase involved in the Barber Street widening project wherein the County is acting on behalf of
the City of Sebastian to collect traffic impact fees. This lot is in the middle of the block and was
originally listed at $30,000. We have now been informed that the asking price is $50,000.
Commissioner Lowther questioned the status of the other lots involved, and Director Davis
stated that the County owns 3 lots to the west and 2 to the east of this particular lot.
In response to further questioning, Director Davis noted that we only need 25 to 30 feet of
each lot to make the road improvements but there are restrictions which prevent us from buying
partial lots.
Discussion ensued regarding additional lots still to be purchased and Director Davis
explained that the City of Sebastian Building and Zoning Code would declare the balance of the lots
unbuildable if the County only purchased the required 25 to 30 feet.
MOTION WAS MADE by Commissioner Lowther,
SECONDED by Chairman Ginn, to direct staff to explore
the possible purchase of only the required portions of the
remaining lots and to approve the purchase of the Chu lot
at a price of $50,000.
JUNE 15, 2004 14
After further discussion, the Chairman CALLED THE
QUESTION and the Motion passed by a 3-1 vote
(Commissioner Neuberger opposed and Commissioner
Adams absent). (The Board approved the purchase of the
Sebastian Highlands lot from Poo-Sen Chu and Kuei-Ying
Chu for a purchase price not to exceed $50,000 and
directed staff to explore the possibility of purchasing
portions of the remaining needed lots, as opposed to the
purchase of the entire lots.)
11.I.3. FLINCHUM-SCHLITT DEVELOPMENT II, LLC – THE
TH
FARMS WEST SUBDIVISION (5 STREET SW PAVING
TH
WEST OF 66 AVENUE) – DEVELOPER’S AGREEMENT
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Lowther, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously approved the
Developer’s Agreement which provides for the Developer
thth
to fund 76% of the paving of 5 Street SW west of 66
Avenue for one-half mile, as recommended by staff.
AGREEMENTISONFILEINTHEOFFICE
OFTHECLERKTOTHEBOARD
THTHST
11.I.4. 39 AVENUE CORRIDOR BETWEEN 69 STREET AND 71
STREET – PROJECT #0425 – MASTELLER, MOLER & REED,
JUNE 15, 2004 15
INC. – CONTINUING PROFESSIONAL SURVEY SERVICES
CONTRACT 0390 – 2003-2004 WORK ORDER NO. 1 -
DESIGN/TOPOGRAPHIC SURVEY (ENGINEERING)
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously approved
Work Order #1 in the amount of $19,410 authorizing the
project as outlined in the scope of services and authorized
the Chairman to execute the Work Order, as recommended
by staff.
WORKORDERISONFILEINTHEOFFICE
OFTHECLERKTOTHEBOARD
11.I.5. EASTERN COUNTY SECTIONAL SURVEY, PHASE I –
TOWNSHIP STUDY AND MAPPING SURVEY – PROJECT
#0434 – CARTER ASSOCIATES, INC. – CONTINUING
PROFESSIONAL SURVEY SERVICES CONTRACT #0390 FY
2003-2004 AND FY 2004-2005 – WORK ORDER NO. 2
(ENGINEERING)
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously approved
JUNE 15, 2004 16
Work Order #2 in the amount of $63,917 authorizing the
project as outlined in the scope of services and authorized
the Chairman to execute the Work Order, as recommended
by staff.
WORKORDERISONFILEINTHEOFFICE
OFTHECLERKTOTHEBOARD
11.I.6. PELICAN ISLAND WILDLIFE REFUGE UPLAND
RESTORATION PROJECT PHASE 1A – PROJECT #0435 –
CARTER ASSOCIATES, INC. – CONTINUING
PROFESSIONAL SURVEY SERVICES CONTRACT #0390 –
2003-2004 WORK ORDER #3 – SPECIFIC
PURPOSE/TOPOGRAPHIC SURVEY-SOUTHEAST AREA -
(ENGINEERING)
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Macht, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously approved
Work Order #3 in the amount of $11,420 authorizing the
project as outlined in the scope of services and authorized
the Chairman to execute the Work Order, as recommended
by staff.
WORKORDERISONFILEINTHEOFFICE
OFTHECLERKTOTHEBOARD
JUNE 15, 2004 17
12.A. COUNTY ATTORNEY – NEW COUNTY ADMINISTRATION
BUILDING – STEVE BLUM, PROJECT MANAGER, TO ACT
AS AUTHORIZED AGENT ON SITE PLAN APPLICATION
AND OTHER PERMITTING MATTERS REQUIRED BY THE
CITY OF VERO BEACH
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Macht, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously authorized
Steve Blum, Project Manager, to act as its authorized agent
on the site plan application and other permitting matters
which may be required by the City of Vero Beach regarding
the new County Administration Building, as requested.
12.B. COUNTY ATTORNEY – SETTLEMENT PROPOSALS –
PETRUS VERUS, LLC AND S.K.VERO, LLC – REQUEST FOR
“SHADE” MEETING AT 11:30 A.M., JUNE 15, 2004
Assistant County Attorney Marian Fell asked the Board to recess at the end of their current
business and reconvene at 11:30 for the requested meeting.
(CLERK’S NOTE: The Board recessed at 11:01 a.m., reconvened as the Commissioners of the
Solid Waste Disposal District at 11:02, adjourned the Solid Waste Disposal District meeting at
11:03 a.m., reconvened as the Board of County Commissioners at 11:04 a.m. and recessed at 11:05
a.m. The Board later reconvened at 11:30 a.m. to hold the requested “shade” meeting.)
JUNE 15, 2004 18
Assistant County Attorney Marian Fell read the memorandum and noted that a court
reporter was present and that Commissioner Fran Adams would not be available by telephone as
originally planned due to scheduling problems. She also noted that County Attorney Will Collins
was not present.
The Chairman recessed the meeting at 11:31 a.m. and reconvened with the same members
present at 11:55 a.m.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Lowther, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously authorized
exploration of a settlement along the lines discussed during
the “shade” meeting.
(CLERK’S NOTE: The following items were heard prior to Item 12.B. but are presented here for
purposes of continuity.)
13.A. CHAIRMAN CAROLINE D. GINN – SEBASTIAN INLET
MANAGEMENT PLAN (IMP) – REQUEST BY THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP),
BUREAU OF BEACHES AND COASTAL SYSTEMS, FOR AN
INDIAN RIVER COUNTY REPRESENTATIVE TO THE
TECHNICAL ADVISORY COMMITTEE - COASTAL
RESOURCES MANAGER JONATHAN GORHAM
APPOINTED
Chairman Ginn appointed Coastal Resources Manager Jonathan Gorham as the County’s
representative on the Sebastian Inlet Management Plan Technical Advisory Committee.
JUNE 15, 2004 19
13.B. VICE CHAIRMAN ARTHUR R. NEUBERGER – INDIAN
RIVER SOIL AND WATER CONSERVATION DISTRICT,
BOARD OF SUPERVISORS – REQUEST FOR ASSISTANCE
REGARDING DISPOSAL OF TRASH IN CANALS
Vice Chairman Neuberger introduced David Gunter of IRFWCD.
David Gunter
of Indian River Farms Water Control District and President of Indian River
Soil and Water Conservation District, stated that in certain areas of the County massive amounts of
appliances, furniture, household trash, lawn clippings, cups and bottles are tossed into the canals.
It costs the District taxpayers $15,000 annually in Landfill fees to remove this trash and truck it to
the Landfill. One suggestion has been to post signs notifying the public that all the canals empty into
the Indian River Lagoon and possibly imposing a $500 fine for disposing of trash in the canals. He
felt that most people would be more than happy to report abuses if rewards were paid. The District
has enough problems dealing with flow lines and normal debris without having to deal with this
garbage.
CONSENSUS was reached to direct the County Attorney’s Office to look into the
governing laws and advise the Board what, if any, assistance they are able to give the District.
JUNE 15, 2004 20
14.A. EMERGENCY SERVICES DISTRICT - NONE
14.B. SOLID WASTE DISPOSAL DISTRICT
14.B.1. B#6078–RCLFG
ID EPLACEMENT OF HAIN INK ENCE AND ATE AT
RCC–NF,I.
OSELAND ONVENIENCE ENTER ATIONS ENCE NC
The Chairman announced that immediately upon adjournment, the Board would reconvene
as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being
prepared separately and are appended to this document.
14.C. ENVIRONMENTAL CONTROL BOARD - NONE
ALLBACKUPDOCUMENTATION,RESOLUTIONS,ANDORDINANCESAREONFILEINTHEOFFICEOF
THECLERKTOTHEBOARDANDAREHEREBYMADEAPART
OFTHESEMINUTES
(CLERK’S NOTE: The Board recessed at 11:01 a.m., reconvened as the Commissioners of the
Solid Waste Disposal District at 11:02, adjourned the Solid Waste Disposal District meeting at
11:03 a.m., reconvened as the Board of County Commissioners at 11:04 a.m. and recessed at 11:05
a.m. The Board later reconvened at 11:30 a.m. to hold the “shade” meeting requested in Item
12.B., recessed at 11:31 a.m., and reconvened at 11:55 a.m. for action on Item 12.B.)
JUNE 15, 2004 21
There being no further business, on Motion duly made, seconded and carried, the Board
adjourned at 11:56 a.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman
Minutes Approved: _________________
BCC/PJ2004/Minutes
JUNE 15, 2004 22