HomeMy WebLinkAbout06/20/2006 (3)
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JUNE 20, 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 June 19 – 25, 2006 as Amateur Radio Week
2
5.B. Presentation of Proclamation Honoring Deputy Teddy Floyd ....................................2
6. APPROVAL OF MINUTES...............................................................................................2
6.A. Regular Meeting of May 23, 2006 ..............................................................................2
6.B. City of Vero Beach Joint Workshop of May 31, 2006 .................................................2
7. CONSENT AGENDA ........................................................................................................3
7.A. Report Placed on File in the Office of Clerk to the Board: St. John’s Water Control
District – Emmett Evans Reelected to Board of Supervisors at annual meeting on May
16, 2006. ....................................................................................................................3
7.B. Approval of Warrants ................................................................................................3
June 20, 2006
1
7.C. Resignation From the Conservation Lands Advisory Committee (CLAC) ...................3
7.D. Resignation From the Professional Services Advisory Committee (PSAC) .................4
7.E. Deed to School District of Indian River County, Florida (Joint Fleet
Management/Fueling Depot Facility) ........................................................................4
7.F. SDG Kings, Inc.’s Request for Final Plat Approval for a Subdivision to be Known as
Oaks of Vero Phase II ................................................................................................4
7.G. Blue Note L.L.C.’s Request for Final Plat Approval for the Hidden Hammock Affidavit
of Exemption Project .................................................................................................5
7.H. Professional Engineering Services Agreement, CR 512 Corridor Improvements – IRC
Project No. 9611 Addendum No. 10 (Masteller & Moler Inc.) ....................................5
7.I. North County Regional Park, Phase II, IRC Project No. 0399 Request for Final
Release of Retainage for Barth Construction, Inc. ......................................................5
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7.J. 4 Street Widening from U.S.1 to West of Old Dixie, Change Order No. 1 and Final
Release of Retainage ..................................................................................................6
7.K. Approval of Bid Award for IRC Bid # 2006076 Vibrating Roller for Road &
Bridge—Public Works Department/Road & Bridge Division......................................6
7.L. Authority to File Suit for Injunctive Relief against Randy L. and Elizabeth A. Riddle (on
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going code enforcment complaints at 7970 129 Court in Roseland) .........................7
7.M. Resolution to Call Letters of Credit and Resolution to Act on Behalf of Indian River
County from July 19, 2006, through and including August 21, 2006 ...........................7
7.N. Schulke, Bittle & Stoddard Inc.’s Request for Final Plat Approval for a Subdivision to
be Known as Citrus Springs P.D. – Village G ............................................................8
rd
7.O. 43 Ave Sub-complex – Security System Elections Office Change Order ...................9
June 20, 2006
2
7.P. The Fountains at Amber Lake Subdivision, Developer: The Fountains at Amber Lakes,
LLC (David B. Chase, Managing Member), Request for Authorization for Staff to Call
Letter of Credit ..........................................................................................................9
7.Q. Work Order #2, Coastal Technology Corporation Inc., Beach Preservation Plan
Update ..................................................................................................................... 10
7.R. Work Order #3, Coastal Technology Corporation Inc. Beach Preservation Plan
Update ..................................................................................................................... 10
7.S. Proclamation Honoring Reta M. Smith on her Retirement from Indian River County
Board of County Commissioners, Board of County Commissioners Office ............... 11
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES ...................... 11
8.A. Kay Clem, Indian River County Supervisor of Elections ........................................... 11
9. PUBLIC ITEMS ............................................................................................................... 12
9.A. PUBLIC HEARINGS ............................................................................................... 12
9.A.1. George Sigler’s Request for Abandonment of a Portion of Right-of-Way along
thth
the West Side of 27 Avenue SW North of 6 Street SW (Legislative) .............. 12
9.A.2. Vero First Developers Inc.’s Request to Rezone 11.73 Acres from A-1 to
RM-6 (Quasi-Judicial) ....................................................................................... 13
9.A.3. Tax Equity Fiscal Responsibility Act (TEFRA) Public Hearing Escambia
County Housing Finance Authority Single Family Mortgage Revenue Bonds .... 14
9.B. PUBLIC DISCUSSION ITEMS ................................................................................ 16
9.B.1. Request to Speak from Bob Swift Regarding Concurrency Management .... 16
9.C. PUBLIC NOTICE ITEMS ........................................................................................ 16
June 20, 2006
3
9.C.1. Notice of Public Hearing July 11, 2006: Winter Beach Park Subdivision
ndth
Petition Water Service 52 Avenue North of 65 Street, Indian River County
Project No. UCP-2633 (Administrative) ............................................................. 16
9.C.2. Notice of Public Hearing July 11, 2006: Board Consideration to Approve
Purchase of the Judah and Lloyd parcels of the “Archie Smith Fish House”
Environmental Land Acquisition Project (Administrative) ................................. 16
10. COUNTY ADMINISTRATOR’S MATTERS .................................................................. 17
10.A. World Changers and Regatta Construction, LLC “House in One Day Charity Project”
Landfill Disposal Fees Subsidy (17 Homes, July 8-17, 2006) ................................... 17
11. DEPARTMENTAL MATTERS ....................................................................................... 17
11.A. Community Development ......................................................................................... 17
11.A.1. Appeal by Richard Torpy, Esquire, of the Planning and Zoning Commission’s
Decision to Deny Preliminary Plat Approval for Pelican Bay Phase II ................ 17
11.A.2. Consideration of the Indian River County Evaluation and Appraisal Report
(EAR) Public Participation Plan ......................................................................... 19
11.B. Emergency Services ................................................................................................. 19
11.B.1. Request from Sebastian Police Department for a Public Safety Answering
Point (PSAP)...................................................................................................... 19
11.C. General Services ...................................................................................................... 24
11.C.1. Florida Power & Light (FP&L) Care to Share Agreement ......................... 24
11.D.Human Resources -None ........................................................................................... 25
11.E. Human Services-None .............................................................................................. 25
11.F. Leisure Services-None ............................................................................................. 25
11.G. Office of Management and Budget-None .................................................................. 25
June 20, 2006
4
11.H. Recreation-None .................................................................................................... 25
11.I. Public Works ........................................................................................................... 25
11.I.1. Overhead & Underground Utility Choices –Presentation by Florida Power &
Light .................................................................................................................. 25
thth
11.I.2. Property Acquisition, 5285 66 Avenue—66 Avenue Widening and
Improvements County Project No. 0417, Eleanor J. Williams Colvin, Owner..... 26
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11.I.3. 66 Avenue (SR 60 to CR510) Widening Improvements, Staff
Recommendations .............................................................................................. 26
11.J. UTILITIES SERVICES ............................................................................................. 28
11.J.1. South Regional Wastewater Treatment Facility Permit Renewal and Review
of Proposed Industrial Pretreatment Program & Ordinance Work Order #13 ...... 28
12.A. Organization Meeting of the Value Adjustment Board and Resolution Appointing
Value Adjustment Board Members and Providing for or Rejecting Per Diem
Compensation for Value Adjustment Board .............................................................. 28
12.B. Stoney Brook Farms, Request from Developer, Stoney Brook Farms Group, L.L.C.
(Mark Brackett, Manager) for an Extension to Complete Required Improvements ... 29
12.C. Falcon Trace Plats 2 and 4 Request from Developer, Indian River Associates II, LLLP,
for an Extension to Complete Required Improvements ............................................. 30
12.D.Falcon Trace Plats 5 and 6 Request from Developer, Indian River Associates II, LLLP,
for an Extension to Complete Required Improvements ............................................. 31
13. COMMISSIONERS ITEMS ............................................................................................. 31
13.A. Commissioner Arthur R. Neuberger, Chairman........................................................ 31
13.A.1. Renewal of Employment Agreement ........................................................ 31
13.B. Commissioner Gary C. Wheeler, Vice Chairman-None ............................................ 33
June 20, 2006
5
13.C. Commissioner Sandra L. Bowden ............................................................................ 34
13.C.1. Rockridge Homeowner’s Association ....................................................... 34
13.C.2. Update on Lewis Barton Property ............................................................. 35
13.D. Commissioner Wesley S. Davis ................................................................................ 36
13.D.1. Resolution of Support of the Constitutional Amendment Defining Marriage
36
13.E. Commissioner Thomas S. Lowther-None .................................................................. 37
14. SPECIAL DISTRICTS AND BOARDS ........................................................................... 37
14.A. Emergency Services District-None ........................................................................... 37
14.B. Solid Waste Disposal District................................................................................... 37
14.B.1. Approval of Minutes Meeting of June 6, 2006 .......................................... 37
14B.2. Landfill Gas Control System—First Expansion ......................................... 37
14.C. Environmental Control Board-None ........................................................................ 38
15. ADJOURNMENT ............................................................................................................ 38
June 20, 2006
6
June 20, 2006
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular Session at
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the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday, June 20, 2006, at
9:00 a.m. Present were Chairman Arthur R. Neuberger, Vice Chairman Gary C. Wheeler, and
Commissioners Sandra L. Bowden, Wesley S. Davis and Thomas S. Lowther. Also present were County
Administrator Joseph Baird, County Attorney William G. Collins II, Executive Aide to the Board
Kimberly Massung, and Deputy Clerks JoAnn Glenn in the a.m. and Athena Adams in the p.m.
1. CALL TO ORDER
Chairman Arthur R. Neuberger called the meeting to order at 9:00 a.m.
2. INVOCATION
Deputy Teddy Floyd of the Indian River County Sheriff’s Office delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Vice Chairman Gary C. Wheeler led the Pledge of Allegiance to the Flag.
June 20, 2006
1
4. ADDITIONS/DELETIONS TO THE AGENDA/ EMERGENCY
ITEMS-NONE
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PPDJ19–25,2006
RESENTATION OF ROCLAMATION ESIGNATING UNE AS
ARW
MATEUR ADIO EEK
Chairman Neuberger read and presented the Proclamation to Mark Timblin.
5.B. PPHDTF
RESENTATION OF ROCLAMATION ONORING EPUTY EDDY LOYD
Chairman Neuberger read the Proclamation and presented it to Deputy Floyd.
6. APPROVAL OF MINUTES
6.A. RMM23,2006
EGULAR EETING OF AY
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of May 23, 2006. There were none.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously approved the
Minutes of the Regular Meeting of May 23, 2006, as written and
distributed.
6.B. CVBJWM31,2006
ITY OF ERO EACH OINT ORKSHOP OF AY
The Chairman asked if there were any corrections or additions to the Minutes to the
meeting of the City of Vero Beach Joint Workshop of May 31, 2006. There were none.
June 20, 2006
2
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Joint Workshop of May 31, 2006, as written and
distributed.
7. CONSENT AGENDA
7.A. RPFOCB:S.
EPORT LACED ON ILE IN THE FFICE OF LERK TO THE OARD T
J’WCD–EERB
OHNS ATER ONTROL ISTRICT MMETT VANS EELECTED TO OARD OF
SM16,2006.
UPERVISORS AT ANNUAL MEETING ON AY
No action required or taken.
7.B. AW
PPROVAL OF ARRANTS
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 June
2-8, 2006, as requested in the memorandum of June 8, 2006.
7.C. RFCLAC
ESIGNATION ROM THE ONSERVATION ANDS DVISORY OMMITTEE
(CLAC)
The Board accepted the resignation of Katrina Morrell from the CLAC as the Environmental
Learning Center appointee.
June 20, 2006
3
7.D. RFPSAC
ESIGNATION ROM THE ROFESSIONAL ERVICES DVISORY OMMITTEE
(PSAC)
The Board accepted the resignation of Ken Grudens from the PSAC as the Environmental Issues
appointee.
7.E. DSDIRC,F(J
EED TO CHOOL ISTRICT OF NDIAN IVER OUNTY LORIDA OINT
FM/FDF)
LEET ANAGEMENTUELING EPOT ACILITY
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously authorized the
Chairman to execute the deed conveying the two-platted lots (Lots
2 and 3 of Indian River County Public Works and School Board
Facility) to the School District, per previous agreement, as
recommended in the memorandum of June 12, 2006.
COPY OF COUNTY DEED IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.F. SDGK,I.’RFPA
INGS NCS EQUEST FOR INAL LAT PPROVAL FOR A
SKOVPII
UBDIVISION TO BE NOWN AS AKS OF ERO HASE
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously granted final plat
approval for Oaks of Vero – Phase II, with recordation of the plat
only after the letters of credit have been received, reviewed,
approved, and validated by the County Attorney’s office, and the
contracts executed by the County Administrator, as recommended
in the memorandum of June 12, 2006.
June 20, 2006
4
7.G. BNL.L.C.’RFPAH
LUE OTE S EQUEST FOR INAL LAT PPROVAL FOR THE IDDEN
HAEP
AMMOCK FFIDAVIT OF XEMPTION ROJECT
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously granted final plat
approval for Hidden Hammock, as recommended in the
memorandum of June 9, 2006.
7.H. PESA,CR512C
ROFESSIONAL NGINEERING ERVICES GREEMENT ORRIDOR
I–IRCPN.9611AN.10(M&
MPROVEMENTS ROJECT O DDENDUM O ASTELLER
MI.)
OLER NC
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Addendum No. 10 for a total cost of $18,032.50, as recommended
in the memorandum of June 12, 2006.
7.I. NCRP,PII,IRCPN.0399
ORTH OUNTY EGIONAL ARK HASE ROJECT O
RFRRBC,I.
EQUEST FOR INAL ELEASE OF ETAINAGE FOR ARTH ONSTRUCTION NC
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved releasing
final retainage in the amount of $32,843.96, as recommended in
the memorandum of June 8, 2006.
June 20, 2006
5
7.J. 4SWU.S.1WOD,CO
TH
TREET IDENING FROM TO EST OF LD IXIE HANGE RDER
N.1FRR
O AND INAL ELEASE OF ETAINAGE
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved Change
Order No. 1 in the deduct amount of ($1,661.52) and approved
release of retainage and final payment in the amount of
$148,401.64, as recommended in the memorandum of June 9,
2006.
CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.K. ABAIRCB#2006076VR
PPROVAL OF ID WARD FOR ID IBRATING OLLER FOR
R&B—PWD/R&BD
OAD RIDGEUBLIC ORKS EPARTMENTOAD RIDGE IVISION
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously awarded the bid to
Pippin Tractor & Equipment, Inc. as the lowest most responsive
and responsible bidder meeting the specifications as set forth in
the Invitation to Bid, and authorized staff to accept the trade
proposal of $5,000.00 for the 1991 Bomag Vibratory Roller, Fleet
#122 currently in Road & Bridge inventory, as recommended in
the memorandum of June 12, 2006.
June 20, 2006
6
7.L. AFSIRRL.
UTHORITY TO ILE UIT FOR NJUNCTIVE ELIEF AGAINST ANDY AND
EA.R(7970129
TH
LIZABETH IDDLE ON GOING CODE ENFORCMENT COMPLAINTS AT
CR)
OURT IN OSELAND
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved filing a
suit for injunctive relief, as recommended in the memorandum of
June 12, 2006.
7.M. RCLCRA
ESOLUTION TO ALL ETTERS OF REDIT AND ESOLUTION TO CT ON
BIRCJ19,2006,
EHALF OF NDIAN IVER OUNTY FROM ULY THROUGH AND INCLUDING
A21,2006
UGUST
ON MOTION by Commissioner Bowden, SECONDED by
Resolution
Commissioner Davis, the Board unanimously adopted
2006-088
delegating authority to the County Administrator or the
Assistant County Administrator to Execute Resolutions calling
Letters of Credit which might otherwise expire before the next
Board Meeting due to cancellation of normally scheduled
commission meetings.
ON MOTION by Commissioner Bowden, SECONDED by
Resolution
Commissioner Davis, the Board unanimously adopted
2006-089
delegating to the County Administrator, the Assistant
County Administrator and the Emergency Services Director the
authority to execute all documents and emergency declarations
June 20, 2006
7
necessary to the proper functioning of the County during the
period that normally scheduled meetings of the Board of County
Commissioners are canceled.
7.N. S,B&SI.’RFPA
CHULKE ITTLE TODDARD NCS EQUEST FOR INAL LAT PPROVAL
SKCSP.D.–VG
FOR A UBDIVISION TO BE NOWN AS ITRUS PRINGS ILLAGE
Commissioner Thomas S. Lowther reminded everyone the Board had met with this developer
previously and he had promised to do certain things and did not. Therefore, Commissioner Lowther
believed plat approval should not be granted. County Attorney William G. Collins II explained a
developer has to complete so many items on a county code checklist, and when he has accomplished that,
he is entitled to plat approval. County Attorney Collins felt Commissioner Lowther had issues with some
contractual obligations under a previous plat. He explained plat approval could not be denied based on
that. Commissioner Lowther questioned why this developer was given a Certificate of Completion. He
felt that the developer moves from development to development and does not complete his requirements.
Chris Kafer, County Engineer, explained the developer on this plat is not the original developer.
Engle Homes is the developer on this.
Several Commissioners expressed concern over the developers past performance.
Joe Bittle
, Schulke, Bittle, & Stoddard, explained the different villages of Citrus Springs.
Tony Angelastro
, Village of Citrus Springs, discussed the problems regarding this developer.
County Administrator Joseph A. Baird stated this is a complicated matter and there is some
litigation involved regarding this developer.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously granted final plat
approval for Citrus Springs PD – Village G, as recommended in
the memorandum of June 12, 2006.
June 20, 2006
8
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board unanimously agreed to have
the County Attorney aggressively look into legal action pursuing
the issues of the developer of Villages A, B and C in Citrus
Springs.
7.O. 43AS-–SSEOC
RD
VE UBCOMPLEX ECURITY YSTEM LECTIONS FFICE HANGE
O
RDER
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously authorized a change
order to Purchase Order # 40924-00 in the amount of $12,395 (this
will make the total of the Purchase Order $40,865) to Spectrum
Technologies Group of North America, Inc. and waived the
requirements for bidding for the added work and equipment, as
recommended in the memorandum of June 13, 2006.
7.P. TFALS,D:T
HE OUNTAINS AT MBER AKE UBDIVISION EVELOPER HE
FAL,LLC(DB.C,MM),
OUNTAINS AT MBER AKES AVID HASE ANAGING EMBER
RASCLC
EQUEST FOR UTHORIZATION FOR TAFF TO ALL ETTER OF REDIT
Commissioner Lowther noted this is another instance of a developer not doing his job. County
Attorney Collins stated if all requirements are met, a prior violation could not be held against a developer.
County Administrator Baird added the County changed the requirements significantly and
hopefully that would help to alleviate some of the problems.
Chairman Neuberger questioned how a developer is affected if their letter of credit is pulled.
County Administrator Baird confirmed the bank would not extend credit so easily next time.
June 20, 2006
9
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board unanimously adopted
Resolution 2006-090
declaring default by the Fountains at Amber
Lakes, LLC, in its obligation to complete required improvements
to the Fountains at Amber Lakes Subdivision, and authorizing
staff to make sight draft against Harbor Federal Savings Bank
Irrevocable Letter of Credit No. 421.
7.Q. WO#2,CTCI.,B
ORK RDER OASTAL ECHNOLOGY ORPORATION NC EACH
PPU
RESERVATION LAN PDATE
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved Work
Order #2 to the contract with Coastal Technology Corporation,
Inc., as recommended in the memorandum of June 12, 2006.
7.R. WO#3,CTCI.B
ORK RDER OASTAL ECHNOLOGY ORPORATION NC EACH
PPU
RESERVATION LAN PDATE
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved Work
Order #3 to the contract with Coastal Technology Corporation,
Inc., as recommended in the memorandum of June 12, 2006.
June 20, 2006
10
7.S. PHRM.SR
ROCLAMATION ONORING ETA MITH ON HER ETIREMENT FROM
IRCBCC,BC
NDIAN IVER OUNTY OARD OF OUNTY OMMISSIONERS OARD OF OUNTY
CO
OMMISSIONERS FFICE
The Board noted the Proclamation.
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
8.A. KC,IRCSE
AY LEM NDIAN IVER OUNTY UPERVISOR OF LECTIONS
Ms. Clem returned and asked that revenues collected from conducting the various city elections
be rolled back into her budget again this year as in previous years. This year she wanted to use the funds
to make the poling places compliant with ADA requirements. This action must be taken before the next
election. Last year she purchased 25 used voting machines and has an opportunity to purchase more at a
cost of $1,500 instead of $3,275 for a new machine. She needed additional machines because of
expanded early voting opportunities and to train poll workers. She felt it would be a wise move to
purchase these machines with those revenues.
Ms. Clem wanted to put up permanent precinct signs and showed examples from other counties.
She explained permanent signs would save the staff time and labor.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved a budget
amendment in the amount of $53,906.00 for elections held March
2006 in the City of Sebastian, City of Vero Beach and the Town of
Fellsmere to be rolled back into the Supervisor of Elections’
2005/2006 budget.
June 20, 2006
11
9. PUBLIC ITEMS
9.A. PUBLICHEARINGS
9.A.1. George Sigler’s Request for Abandonment of a Portion of
thth
Right-of-Way along the West Side of 27 Avenue SW North of 6 Street SW
(Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling explained the request to abandon 20 feet of right-of-way at the
stated location north of Oslo Road. He showed aerial views of the site on the overhead projector. The
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applicant owns the two lots on the west side of 27 Avenue SW. Staff recommends the east 10 feet be
retained as a safety factor.
The Chairman opened the public hearing.
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Bob Johnson
, Coral Wind Subdivision, stated 27 Avenue is going to be widened from
Oslo Road making it four lanes. He wondered how this action would impact the long range planning of
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27 Avenue.
Planning Director Boling replied Public Works and other agencies reviewed this
application with future planning in mind and determined the remaining property would be adequate.
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner Wheeler, SECONDED by
Resolution
Commissioner Davis, the Board unanimously adopted
2006-091
providing for the closing, abandonment, vacation, and
June 20, 2006
12
discontinuance of a twenty foot wide right-of-way portion along
thth
the west side of 27 Avenue SW lying north of 6 Street SW in
Emerson Villas reserving a drainage and utility easement over the
east 10 feet of right-of-way, said land lying in Indian River
County, Florida.
9.A.2. Vero First Developers Inc.’s Request to Rezone 11.73 Acres from A-1
to RM-6 (Quasi-Judicial)
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 explained this request to change the
zoning of the property from A-1, which is agriculture, to RM-6, which is residential, multi-family up to
six (6) units per acre. The Director used a PowerPoint presentation to demonstrate the location of the
rd
subject property south of SR 60, west of 63 Court. The property is approximately 12 acres in size. The
Planning & Zoning Committee voted 6 to1 to recommend approval of the proposed rezoning.
Staff looked at the criteria for this rezoning such as concurrency, consistency with the
Comprehensive Plan, environmental impact and compatibility with the surrounding area. This property
is consistent with the future land use map. There would be no environmental impact. Director Keating
felt this rezoning would complement the future plans of the community college.
Some discussion regarding capacity and traffic count ensued between Commissioner Wheeler,
Commissioner Bowden and Director Keating.
The Chairman opened the public hearing.
Bruce Barkett
, attorney representing the applicant, reminded the Board this did pass the
concurrency test.
June 20, 2006
13
Bob Johnson,
Coral Wind Subdivision, stated by rezoning to RM-6 the County would be
increasing the density, so he recommended rezoning to RM-3.
st
Ray Scent,
1615 71 Court, felt the college intends to continue to spread out and will come up
with a 4-year college. He was in favor of this rezoning.
There were no additional speakers and the Chairman closed the public hearing.
Commissioner Davis felt this property could become college residences and favored rezoning.
ON MOTION by Commissioner Davis, SECONDED by
Ordinance
Chairman Neuberger, the Board unanimously adopted
2006-017
amending the zoning ordinance and the accompanying
zoning map for more or less 11.73 acres located south of State
rd
Road 60 and approximately 145 feet west of 63 Court, from A-1,
Agricultural district (up to 1 unit/5acres), to RM-6,
multiple-family residential district (up to 6 units/acre); and
providing codification, severability, and effective date.
9.A.3. Tax Equity Fiscal Responsibility Act (TEFRA) Public Hearing
Escambia County Housing Finance Authority Single Family Mortgage Revenue
Bonds
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
County Administrator Joseph A. Baird stated he was holding a TEFRA hearing that day and that
this is a mortgage program for affordable housing. The County has participated in this program for over
ten years. This program enables first-time homeowners to get a mortgage if they meet the criteria for the
June 20, 2006
14
targeted earning capacity. It is for single-family, detached or attached housing, condos and manufactured
homes.
The Chairman opened the public hearing and with no speakers, closed same.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Resolution 2006-092
authorizing the Escambia County Housing
Finance Authority to operate within the boundaries of Indian
River County, Florida, to finance qualifying single-family
mortgage loans on behalf of Indian River County, Florida;
authorizing the Board of County Commissioners to enter into
agreements with the Escambia County Housing Finance Authority
and to execute and deliver certain documents and instruments in
connection therewith; approving a form of interlocal agreement;
approving the issuance by the Escambia County Housing Finance
Authority of not exceeding $150,000,000 single family mortgage
revenue bonds, pursuant to Section 147(f) of the Internal Revenue
Code of 1986, as amended; providing that such bonds constitute
limited, special obligations; and providing an effective date.
INTERLOCAL AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
June 20, 2006
15
9.B. PUBLICDISCUSSIONITEMS
9.B.1. Request to Speak from Bob Swift Regarding Concurrency
Management
Bob Swift
spoke to the Board regarding his thoughts that our system on concurrency
management is tougher than any other counties he reviewed.
County Administrator Joseph A. Baird said the County is reviewing all items and this matter
should be cleared up by September of this year. He indicated there would be public hearings on this
subject.
Mr. Swift
There was some discussion between the Commissioners and .
NO ACTION REQUIRED OR TAKEN
The Chairman called a recess at 10:29 a.m. for closed captioning purposes and reconvened at
10:40 a.m.
9.C. PUBLICNOTICEITEMS
9.C.1. Notice of Public Hearing July 11, 2006: Winter Beach Park
ndth
Subdivision Petition Water Service 52 Avenue North of 65 Street, Indian River
County Project No. UCP-2633 (Administrative)
9.C.2. Notice of Public Hearing July 11, 2006: Board Consideration to
Approve Purchase of the Judah and Lloyd parcels of the “Archie Smith Fish House”
Environmental Land Acquisition Project (Administrative)
Executive Aide to the Board Kimberly Massung read the notices into the record.
June 20, 2006
16
10. COUNTY ADMINISTRATOR’S MATTERS
10.A. WCRC,LLC“HOD
ORLD HANGERS AND EGATTA ONSTRUCTION OUSE IN NE AY
CP”LDFS(17H,J8-17,
HARITY ROJECT ANDFILL ISPOSAL EES UBSIDY OMES ULY
2006)
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
payment of landfill disposal fees, as recommended in the
memorandum of June 14, 2006.
11. DEPARTMENTAL MATTERS
11.A. CD
OMMUNITY EVELOPMENT
11.A.1. Appeal by Richard Torpy, Esquire, of the Planning and Zoning
Commission’s Decision to Deny Preliminary Plat Approval for Pelican Bay Phase II
County Planning Director Stan Boling presented a map, by overhead projector, describing the
area referred to in the appeal. The Planning and Zoning Commission (PZC) agreed with staff’s
recommendation to deny this appeal. Phase II proposed to take Lot 5 and divide it into two lots, creating
Lot 6. That move would include filling in the estuarine wetland area. Future Land Use Policy states
where a property is estuarine wetlands, it is considered Conservation 2. The exact boundaries have been
set by an environmental survey, and it is staff’s contention that units proposed entirely within estuarine
wetlands are in Conservation 2 areas and exceed density. Wetland impacts are neither avoided nor
minimized by this proposal, as required.
June 20, 2006
17
Director Boling also reviewed the four areas in which the Board needs to make findings.
Roland DeBlois, Chief of Environmental Planning, indicated the subject wetland is Mangrove
Swamp and is diked off from the river.
Richard Torpy
, attorney, 202 N. Harbor City, Melbourne, represented applicants in this issue.
Mr. Torpy
He disagreed with Staff’s decision that the area is C-2. contended the area is RS-1. He
proceeded with a lengthy presentation, complete with maps and county code quotes, explaining his
interpretation of the Future Land Use Map and how he arrived at the conclusion that this area has a
designation of RS-1.
Director Keating explained if a property is in estuarine wetlands, then it automatically is
Mr. Torpy
designated Con 2. disagreed with this point also.
Mr. Torpy
Director Keating and continued with much more discussion.
Commissioner Wheeler expressed concern over developers buying property and then trying to
change the plat. He felt this was going to happen repeatedly.
Director Boling reminded everyone that Conservation Element Policy 5.4 says all estuarine
wetland habitats shall be deemed environmentally sensitive and designated C-2 on the Comprehensive
Plan Future Land Use map.
County Attorney Collins read from F.S. 163.3194, which declares the legal status of the
Comprehensive Plan.
ON MOTION by Commissioner Wheeler, SECONDED by
Chairman Neuberger, the Board unanimously:
1.found that the Planning and Zoning Commission’s decision
to deny the preliminary plat did not fail any of the 4 areas
outlined in LDR section 902.07, and
2.denied the appeal and denied the appellant’s request for
preliminary plat approval for Pelican Bay Phase II, based on
the applicant’s failure to meet applicable C-2 and Con-2
density requirements and failure to minimize impacts to
June 20, 2006
18
estuarine wetlands, as recommended in the memorandum of
June 13, 2006.
11.A.2. Consideration of the Indian River County Evaluation and
Appraisal Report (EAR) Public Participation Plan
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously approved the public
participation plan, as recommended in the memorandum of June
13, 2006.
The Chairman called a short recess at 11:50 a.m. for closed captioning purposes and
reconvened at 11:58 a.m. with all members present and Athena Adams as Deputy Clerk.
11.B. ES
MERGENCY ERVICES
11.B.1. Request from Sebastian Police Department for a Public Safety
Answering Point (PSAP)
Sebastian Police Chief Jim Davis
commented that the backup material for this item contained
very negative comments that do not reflect the facts, as they exist. He provided a history of the dispatch
system in Sebastian and expressed their need for a PSAP, which is demonstrated by an increasing number
of transferred calls from the Sheriff’s Office. The addition of a PSAP would improve the response time
for Sebastian residents. Sebastian’s 911 system “is broken” and he urged the Board to consider taking
steps to correct the problem.
June 20, 2006
19
Chairman Neuberger sought clarification on the “2% of total 911 call volume” mentioned in the
backup, which he thought was dramatic.
Chief Davis
did not know where that figure came from.
Discussion ensued regarding the 2% call volume.
Commissioner Wheeler felt that Sebastian, being the City with the largest population in the
County, and given the money generated through traffic tickets plus the 50 cents surcharge on phone lines,
that should give them the right to have their 911 PSAP.
Commissioner Lowther recalled that Martin County has a centralized 911 system. Discussion
ensued regarding the dispatch/routing of emergency calls.
Emergency Services Director John King provided statistics for January 1 to December 31, 2005
on the amount of responses for that period. He suggested that rather than a decentralized system they
invest in the PSAP system.
Discussion followed regarding fire rescue systems of other counties and whether consolidation
was the way to go.
Indian River County Sheriff Roy Raymond
expressed opposition to the PSAP system.
To illustrate certain confusions in call taking and dispatching, the Sebastian Police Department
requested permission to air a taped conversation of a 911 dispatcher transferring a 911 call on its
administrative line.
The Board voted to air the recording. Commissioner Bowden opposed. Further discussion ensued
on the dispatching of calls.
Commissioner Wheeler asked how much additional cost it would be for the City of Sebastian to
man the program.
City of Vero Beach Police Chief Don Dappen
felt it was important to mention public safety.
Although cost was important they could not put a figure on public safety. He discussed the City’s
response time and was proud of its 3-minute responses. He hoped the Board was not thinking of
enjoining Vero Beach into centralized dispatch, as he felt that would be a huge mistake.
June 20, 2006
20
Commissioner Wheeler commented on having employees from different agencies working
together, noting that it does create some problems.
Damien Gilliams
is in the hospitality business and deals with the 911 system on a daily basis. He
experienced the same problems in Fellsmere and Sebastian of getting operator after operator explaining
himself over and over. He felt this was about public safety and desired to get good service for his taxes.
He also felt if it was fair to do it for Vero Beach then they should do it for Sebastian.
Sandy Fox
, 911 Supervisor for Indian River County Sheriff’s Office, addressed delays in the call
system and defended 911 dispatchers’ handling of calls.
Budget Director Jason Brownaddressed matters concerning funding and refuted comments about
cities that were not receiving any benefits.
Commissioner Wheeler supported comments that it was not about money but public safety, as
well as, providing a better level of service to a community that is growing.
Al Minner
, City Manager of Sebastian, spoke about costs that the City would fund and did not
need the County’s help with. They are only asking the County for $24,000 a year to help pay the phone
bills associated with routing the calls. He also addressed the matter of service interruption and City
revenues.
Dale Simchick
, 766 S. Easy Street, Sebastian, was concerned about her safety. With 19 years of
experience in dispatching she was aware of the pitfalls of human error. She presented scenarios of what
could happen if there were delays in the system and questioned whether we wanted our loved ones to go
through that. She urged the Board to act if they have the capability to provide enhanced services.
SheriffRaymond
felt they were talking around the issue. There was talk about cost but they
were not eliminating transfers. He favored a consolidated alternative.
Sebastian Councilmember Sal Neglia
commented that everything always seems to be about
money, when they should be reflecting on what the people need. He discussed the 2% call volume and
supported giving the people what they want. He did not support consolidation and felt they should not
wait for the future to make changes.
June 20, 2006
21
Director Brown asked for clarification on what the City of Sebastian was asking for as regards
budgetary pricing for equipment.
Chief Davis
explained there would be a one-time cost of $180,000 to the 911 funds to install the
call-taking equipment.
Discussion ensued regarding whether Sebastian would handle the funds involved, as well as, the
purchase of equipment.
Rich Stringer
, City Attorney, Sebastian, discussed the number of fire versus police calls received
and how dispatches are handled. He believed that if 2% of calls and 12% of revenue coming in are from
Sebastian then that was a 10% profit right there. He felt Sebastian was paying more in percentages and
getting the worst service, and it was not right.
Director Kingclarified his comments regarding the 2% of 911 calls. He acknowledged, for the
record, the hard work that call takers/dispatchers put in and lauded their efforts for a job well done.
Bill Griner,
Indian River County Sheriff’s Office, believes the best way to go is consolidation.
He asked the Board to do a study on consolidation for the future.
Chief Dappen
felt consolidation may work in some areas but fully supported the PSAP and that
is the system that Vero Beach uses now. He also stressed to the Board that Vero Beach wants to keep its
PSAP, as they have experienced no problems with it.
Mr. Gilliams
asked Chief Dappen if Vero Beach got any money from the 911 surcharge each
year. His point was Vero Beach gets a small amount but Sebastian gets nothing.
Director Brownadded that besides the equipment, everybody was benefiting and provided data to
support his claim.
Tony Consulo
, Indian River County Sergeant, Supervisor of 911 Call Center, felt consolidation
was the best alternative and urged the Board to consider same.
MOTION WAS MADE by Commissioner Wheeler, SECONDED
by Chairman Neuberger, to approve Option 3: to direct staff to
implement a PSAP for the Sebastian Police Department.
June 20, 2006
22
Under discussion, Commissioner Wheeler commended Dispatcher Sandy Fox on doing a
fabulous job and acknowledged that City and County Dispatchers are “top drawer”.
Commissioner Bowden also acknowledged the excellence of County Dispatchers. She thought
the appropriate action is to look to the future and consider consolidation.
Commissioner Davis thought, for the highest level of service, our residents expected no calls to be
transferred and that was the direction to go. He felt the system is broken because a caller has to be asked
the same information twice. We need to have a singular service. He opposed the Motion and supported
consolidation.
Commissioner Lowther also opposed the Motion and favored consolidation.
Chairman Neuberger felt the PSAP would cost them more money but would provide Sebastian
residents with more peace of mind. He thought it was only fair to give Sebastian the same service as Vero
Beach. He favored the PSAP and agreed to look at consolidation for the future.
Discussion ensued regarding PSAP in use in other communities/counties and whether
consolidation would reduce response time.
Ms. Fox
commented that a consolidated dispatch center might be the answer but reminded that
they were talking about 911 calls for service and not dispatchers.
Discussion continued clarifying the Computer Aided Dispatch (CAD) system.
The Chairman CALLED THE QUESTION. MOTION FAILED
by a vote of 2-3 (Commissioners Davis, Bowden and Lowther
opposed).
MOTION WAS MADE by Commissioner Davis, SECONDED
by Commissioner Lowther, to approve staff’s recommendation.
June 20, 2006
23
Commissioner Wheeler thought that if we are going to work towards consolidation there should
be workshops with all the cities and relevant personnel to decide how the Center would be managed. He
referred to the needs of an independent organization as in Fort Pierce.
Commissioner Davis thought Commissioner Wheeler’s suggestion for workshops was very
appropriate. It did not matter whose responsibility it comes under. He wants to move forward and
provide a seamless system where no one has to be transferred, and not play politics with public safety.
The Chairman CALLED THE QUESTION and the
Motion passed by a 3-2 vote (Chairman Neuberger and Vice
Chairman Wheeler opposed). The Board approved Option 1
directing staff to consolidate the County 911 responsibilities at
one location.
The Chairman called a short recess at 1:36 p.m. for closed captioning purposes and reconvened
at 1:44 p.m. with all members present.
11.C. GS
ENERAL ERVICES
11.C.1. Florida Power & Light (FP&L) Care to Share Agreement
On MOTION by Commissioner Lowther, SECONDED by
Commissioner Wheeler, the Board approved the Care to Share
Agreement with Florida Power and Light and authorized the
Chairman to execute same, as recommended in the memorandum
of June 13, 2006.
AGREEMENT ON FILE IN THE OFFICE OF CLERK TO THE BOARD
June 20, 2006
24
11.D. HR-N
UMAN ESOURCESONE
11.E. HS-N
UMAN ERVICESONE
11.F. LS-N
EISURE ERVICESONE
11.G. OMB-N
FFICE OF ANAGEMENT AND UDGETONE
11.H.R-N
ECREATIONONE
11.I. PW
UBLIC ORKS
11.I.1. Overhead & Underground Utility Choices –Presentation by Florida
Power & Light
Florida Power & Light (FPL) External Affairs Manager for the Treasure CoastNick
,
Blount,
explained the process for converting overhead facilities to underground. Through a PowerPoint
presentation he also explained the distribution system and issues to consider, like aesthetics, reliability
and cost. He discussed the advantages and disadvantages of both overhead and underground facilities.
He informed that other municipalities and counties were passing ordinances requiring that all new
utilities be underground. He favored that process and encouraged the Board to adopt its own ordinance in
that regard.
The Board and Mr. Blount engaged in discussion regarding the cooperation of other companies
such as BellSouth, and FPL’s plans for trimming trees.
Mr. Blount
suggested that the County might also want to look at creating a “right tree right
place” Ordinance, which FPL has been encouraging other cities to do.
rd
Public Works Director Jim Davis discussed the use of the right-of-way on 43 Avenue to
accommodate large utility boxes.
June 20, 2006
25
Commissioner Daviswanted the Board to have the opportunity to make an educated decision on
whether or not they want to run underground utilities. He wanted to see a cost-estimate in place
explaining what County responsibilities are.
Mr. Blount
offered to give the Board a copy of FPL’s template, which could provide them with
quick ballpark figures.
NO BOARD ACTION REQUIRED OR TAKEN.
thth
11.I.2. Property Acquisition, 5285 66 Avenue—66 Avenue Widening and
Improvements County Project No. 0417, Eleanor J. Williams Colvin, Owner
On MOTION by Commissioner Lowther, SECONDED by
Commissioner Bowden the Board approved Option 1: the
th
$250,000.00 purchase with the leaseback, allowing the 66
Avenue Widening Project to commence, and authorized the
Chairman to execute the Agreement to Purchase and Sell Real
Estate and accompanying Lease Agreement with Eleanor J.
Williams Colvin, as recommended in the memorandum of June 5,
2006.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
th
11.I.3. 66 Avenue (SR 60 to CR510) Widening Improvements, Staff
Recommendations
June 20, 2006
26
MOTION WAS MADE by Commissioner Lowther, SECONDED
by Chairman Neuberger to approve staff’s recommendation as
stated in the memorandum of June 13, 2006.
Under discussion, Commissioner Davis desired a 4-lane rather than a 6-lane highway and to
spend some of the money on alternative routes.
Public Works Director Jim Davis explained the width of the median and the need to accommodate
additional turn-lanes so as not to compromise safety.
Discussion ensued on whether the road would be safer with 6-lanes.
Commissioner Davis wanted to know the cost difference of “culverting” that portion of the
thth
Lateral ‘A’ Canal versus buying those residences on the west side of the road of 66 Avenue south of 77
Avenue.
Capital Projects Manager Terry Rauth advised that the consultants are looking at culverting that
section and they have met with Indian River Farms Water Control District in that regard.
Discussion ensued on whether to buy the houses or provide culverts.
Project Engineer Janet Dunlap informed the Board that they were in receipt of “comment cards”
from residents on that specific point. She will provide a copy of the cards to Commissioner Davis, per his
request.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously approving Option 1, to design the following
th
sections of 66 Avenue with the listed alternative right-of-way
widths:
th
Between SR 60 and 37 St Alt 3 (134’ ROW)
th
Between 37 St and 45 St Alt 1 (156’ ROW)
thrd
Between 45 St and 53 St Alt 2 (142’ ROW)
rdth
Between 53 St and 77 St Alt 1 (156’ ROW)
June 20, 2006
27
thth
Between 77 St and north of CR 510 North of 77 St typical section (160’ ROW)
Sidestreets Sidestreet typical section (80’ ROW)
11.J. UTILITIESSERVICES
11.J.1. South Regional Wastewater Treatment Facility Permit Renewal
and Review of Proposed Industrial Pretreatment Program & Ordinance Work
Order #13
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved Work
Order No. 13 Kimley-Horn Inc. in the amount of $45,700 to
prepare and submit permit renewal package and $25,000 for
professional services related to review of documentation prepared
to date, recommendations, and any meetings which may be
necessary, as recommended in the memorandum of June 13, 2006.
WORK ORDER NO. 13 ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12. COUNTY ATTORNEY
12.A. OMVAB
RGANIZATION EETING OF THE ALUE DJUSTMENT OARD AND
RAVABMP
ESOLUTION PPOINTING ALUE DJUSTMENT OARD EMBERS AND ROVIDING
RPDCVAB
FOR OR EJECTING ER IEM OMPENSATION FOR ALUE DJUSTMENT OARD
County Attorney William Collins informed the Board that the Value Adjustment
June 20, 2006
28
Board would be starting up again for next year and requested the Board to approve the recommendations
set forth in his memorandum of June 12, 2006.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously appointed
Commissioners Wesley Davis, Thomas Lowther and Gary
Wheeler to serve as members of the Value Adjustment Board;
Commissioners Neuberger and Bowden to serve as Alternates;
and, adopted Resolution 2006-093 appointing the 2006 Value
Adjustment Board members, and rejecting statutory per diem
compensation.
Wednesday, July 19, 2006 was an acceptable date for the Value Adjustment Board to meet.
Attorney Collins would coordinate a time with the School Board.
12.B. SBF,RD,SB
TONEY ROOK ARMS EQUEST FROM EVELOPER TONEY ROOK
FG,L.L.C.(MB,M)E
ARMS ROUP ARK RACKETT ANAGER FOR AN XTENSION TO
CRI
OMPLETE EQUIRED MPROVEMENTS
Attorney Collins reviewed the memorandum of June 13, 2006 and asked the Board to approve a
two-month rather than a 1-year extension.
MOTION WAS MADE by Commissioner Wheeler, SECONDED
by Commissioner Lowther, to approve staff’s recommendation.
There was discussion on whether this was under the new or old LDR.
June 20, 2006
29
The Chairman CALLED THE QUESTION and the Motion
carried unanimously approving staff’s recommendation for a
two-month extension instead of the requested 1-year extension.
12.C. FTP24RD,I
ALCON RACE LATS AND EQUEST FROM EVELOPER NDIAN
RAII,LLLP,ECR
IVER SSOCIATES FOR AN XTENSION TO OMPLETE EQUIRED
I
MPROVEMENTS
Attorney Collins reviewed the memorandum of June 14, 2006 and asked the Board to approve
staff’s recommendation.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board unanimously approved the
60-day extension to Contract for Construction of Required
Improvements Nos. SD-03-07-18-CFC/PL2 (20010502-46468)
and SD-03-07-18-CFC/PL4 (2001050202-46470) and authorized
the Chairman to execute each Modification so long as the current
security in place is extended 90 days beyond the extended date to
complete the improvements as recommended in the memorandum
of June 14, 2006.
June 20, 2006
30
12.D. FTP56RD,IR
ALCON RACE LATS AND EQUEST FROM EVELOPER NDIAN IVER
AII,LLLP,ECR
SSOCIATES FOR AN XTENSION TO OMPLETE EQUIRED
I
MPROVEMENTS
Attorney Collins reviewed the memorandum of June 14, 2006 and requested the Board to approve
a 6-month extension with the condition that Indian River Associates II, LLLP, posts the security to
support the contract for construction of the Plats prior to the signing of the extension.
Commissioner Bowden felt there should be a time frame to post security before they sign any
extension.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board unanimously approved the
6-month extension to Contract for Construction of Required
Improvements Nos. SD-03-07-18-CFC/PL5 (2001050202-46471
and SD-03-07-18-CFC/PL6 (2001050202-46473) and authorized
the Chairman to execute each Modification so long as when the
security is in place (prior to recordation of the plats) it is extended
90 days beyond the extended date to complete the improvements,
as recommended in the memorandum of June 14, 2006.
COPY OF CONTRACT MODIFICATION ONFILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COMMISSIONERS ITEMS
13.A. CAR.N,C
OMMISSIONER RTHUR EUBERGER HAIRMAN
13.A.1. Renewal of Employment Agreement
June 20, 2006
31
Motion WAS MADE by Commissioner Davis, SECONDED by
Commissioner Lowther for discussion, to leave the current
contract in place and grant the 4% increase in lieu of the benefits
package.
The Board discussed at length the renewal of the employment contract for the Executive Aide to
the Board, Kimberly Massung, and whether to grant the request as stated in the memorandum of June 5,
2006.
Frank Coffey
, 1200 Admirals Walk, noted that according to articles in the Press Journal, all
Commissioners had not handed in their evaluation as required. Therefore, he recommended that the
Board refrain from a decision until all Commissioners have handed in their evaluations. He felt there was
a need to look at the job description for this employee. It was over six years old and needed to be updated
to reflect current duties and responsibilities based on the fact that this position has a boss change every
year.
Mr. Joseph Paladin,
6540 Tropic Way, spoke in support of Ms. Massung, lauding the
outstanding job she does and her “always” helpfulness.
rd
Beth Casano
, 1610 3 Court, spoke in favor of Ms. Massung, praising her efficiency and good
nature. She felt recognition should be given especially to someone who has gone above and beyond the
call of duty.
The Commissioners all agreed that Ms. Massung is extremely valuable, pointing out her efficient,
effective, excellent and productive qualities. However, there was dissention on whether to grant the
benefits package or the 4% salary increase.
More discussion ensued regarding the need for individual Aides for each Commissioner;
whether or not to continue with a contracted position, and salary comparison for Executive Aides.
Commissioner Davis did not want to change the language of the current contract.
Discussion on the Motion ensued.
Commissioner Lowther withdrew his SECOND to the Motion.
Motion DIED.
June 20, 2006
32
Motion WAS MADE by Commissioner Lowther, SECONDED
by Chairman Neuberger to approve the benefits package as
requested and come back next year to look at all three County
Officers’ contracts.
Discussion on the Motion continued. Commissioner Bowden had objections to the Motion and
wanted more discussion. Commissioner Davis wanted to stay with his original Motion.
The Chairman CALLED THE QUESTION and by a vote of 3-2
(Commissioners Bowden and Davis opposed) approved renewal
of the annual contract for Executive Aide with additional benefits.
In addition to salary, County shall pay a car allowance of $275.00
monthly, pay for dependent health insurance coverage, and make
annual contributions into a County-approved deferred
compensation program designated by Aide, throughout the term
of the employment, equal to the maximum annual contribution
allowed by law, as requested in the memorandum of June 5, 2006.
The Board will revisit the contracts of all three County Officers
next year.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13.B. CGC.W,VC-N
OMMISSIONER ARY HEELER ICE HAIRMANONE
June 20, 2006
33
13.C. CSL.B
OMMISSIONER ANDRA OWDEN
13.C.1. Rockridge Homeowner’s Association
Beth Casano
, Secretary of Rockridge Property Owners Association, introduced Board member
Irene Goldstein, and President Phil Carpenter. She directed attention to the Display at the entrance of the
Chambers and handed out reports, which she said was a culmination of a year’s worth of evidence
supporting Rockridge’s need for the County’s help. She recapped the history of flooding associated with
drainage ditches, and canals in Rockridge. She blamed parts of the problem on new developments.
Administrator Baird, to the Chairman’s question of how the County plans to help, hopes to meet
with the Department of Transportation (DOT) on the matter. Discussion ensued on boat docks in
Bridgewater.
President of the Rockridge HOA, Phil Carpenter
, provided clarity pointing out, from an aerial
view map, the affected areas under discussion.
Commissioner Lowther asked if it would benefit the County to draft a resolution or maybe the
City of Vero Beach could draft a resolution to DOT to get things done.
Administrator Baird said he had been in touch with the District Director Mr. Wolf, and had also
met with FDOT head of Maintenance. He reiterated the areas of concern of Rockridge: (1) Rockridge
does not want the docks; (2) they want the canal unblocked; and (3) they want the ditch cleaned by DOT.
MOTION WAS MADE by Commissioner Lowther, SECONDED
by Commissioner Bowden, for staff to prepare a resolution.
Administrator Baird advised that Rockridge homeowners might want to contact the City of Vero
Beach to get on their next Agenda, because they would be considering approval of the docks at their next
meeting.
Ms. Casano
advised that Rockridge had, in the past, sought the help of the Departmental
Protection (DEP). They were turned down and referred to St. John’s Water Management District. She
thanked the Board for the time allotted to her.
June 20, 2006
34
There was discussion on how the Bridgeport property got to be City property when it was
originally considered County.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously to direct the County Attorney to draft a
resolution requesting the Department of Transportation to clean
the canal, clear the drainage ditch and oppose the docks planned
for Bridgewater, and directed the County Administrator to advise
the City of Vero Beach of the Board’s opposition to the docks.
13.C.2. Update on Lewis Barton Property
Larry Gerstner
, 2035 Surfside Terrace, complained that Mr. Barton has seriously eroded his
quality of life. He showed pictures of the Barton property with debris littering the property and claimed
the property also harbors rats and cats and has become an eyesore. He felt it was a mistake granting Mr.
Barton a 6-month demolition permit when he should have been given only 60 days. He suggested that
when the current permit expires Mr. Barton should not be granted another extension because he never
finished anything he started. He was concerned that their property values were being affected and
questioned the taxes being paid, if any, on the property. He opposed any new permits being issued to Mr.
Barton until he has finished what he has now. He felt a better job has to be done to safeguard the
community against this type of individual.
Administrator Baird said Mr. Barton was granted a 30-day extension on his demolition permit and
th
they would wait until that expires (July 14) to take action.
Attorney Collins responded to comments regarding homestead exemption. He advised that
homestead would stay with the property as long as there was intent to return to it. He also explained that
there was evidence that Mr. Barton plans to return to the property based on an application he made to the
June 20, 2006
35
County for a letter of no objection to DEP so that he would be allowed to build an accessory residence
while he is completing his principal one.
Community Development Director Bob Keating noted there are two conditions that Mr. Barton
will have to comply with to final out his demolition permit: (1) provide an engineering certification for
any part of the structure that he wants to remain, and that certification has to document that it is a usable
part of structure; and (2) remove debris on site or the permit would not be final and staff would be able to
take action at that time.
Attorney Collins outlined the fines and code violations of Mr. Barton and provided an update on
legal proceedings against Mr. Barton.
Commissioner Bowden found this unsatisfactory and asked if there was some way research could
be done to discover if anyone has been successful in dealing with situations like this.
Mr. Gerstner
believed there has to be a way to stop Mr. Barton from trying to beat the system.
He suggested they look at his tax base to see whether or not he has been paying his taxes and that could be
a loophole.
Chairman Neuberger suggested Mr. Gerstner go to the Property Appraiser’s office to find out
what the taxes are.
Administrator Baird suggested a wait and see period until the expiration of the permit. If in 30
days Mr. Barton does not get a demolition permit, it would be brought back to the Board to ask if it could
be legally demolished.
13.D. CWS.D
OMMISSIONER ESLEY AVIS
13.D.1. Resolution of Support of the Constitutional Amendment
Defining Marriage
Commissioner Davis informed the Board that a joint Resolution (No. 88) of Support of the
Constitutional Amendment Defining Marriage was before the House and requested that the County draft
a resolution supporting it.
June 20, 2006
36
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board unanimously approved the
County Attorney to draft a resolution of support of the
Constitutional Amendment Defining Marriage and distribute
copies to Florida State Representatives.
13.E. CTS.L-N
OMMISSIONER HOMAS OWTHERONE
14. SPECIAL DISTRICTS AND BOARDS
The Chairman announced that immediately upon adjournment, the Board would
reconvene as the Board of Commissioners of the Emergency Services District. The Minutes are being
prepared separately and appended to this document.
14.A. ESD-N
MERGENCY ERVICES ISTRICTONE
14.B. SWDD
OLID ASTE ISPOSAL ISTRICT
The Chairman announced that immediately upon adjournment, the Board would
reconvene as the Board of Commissioners of the Solid Waste Disposals District. The Minutes are being
prepared separately and appended to this document.
14.B.1. Approval of Minutes Meeting of June 6, 2006
14B.2. Landfill Gas Control System—First Expansion
June 20, 2006
37
14.C. ECB-N
NVIRONMENTAL ONTROL OARDONE
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 3:31 p.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman
Minutes Approved: _________________
062006 BCC jg
June 20, 2006
38