HomeMy WebLinkAbout07/11/2006 (3)
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JULY 11, 2006
1.CALL TO ORDER ........................................................................................... 1
2.INVOCATION ................................................................................................. 1
3.PLEDGE OF ALLEGIANCE.......................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/ EMERGENCY ITEMS .. 2
5.PROCLAMATIONS AND PRESENTATIONS ............................................. 2
5.A. 2006 NATIONAL ASSOCIATION OF COUNTIES ACHIEVEMENT AWARDS ............ 2
5.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF JULY,
2006 AS RECREATION AND PARKS MONTH ............................................................ 2
5.C. PRESENTATION OF GOVERNOR’S POINT OF LIGHT AWARD – DASIE
BRIDGEWATER HOPE CENTER, INC. ....................................................................... 3
6.APPROVAL OF MINUTES - NONE ............................................................. 3
7.CONSENT AGENDA ...................................................................................... 3
7.A. REPORTS PLACED ON FILE IN THE OFFICE OF THE CLERK TO the BOARD: .... 3
7.A.1. Report of Convictions – Month of May 2006 .................................................... 3
7.A.2. Map for Indian River Farms Water Control District .......................................... 3
JULY 11, 2006
1
7.A.3 Budget for Indian River Water Control District for the year end September 30,
2007 ......................................................................................................................... 3
7.B. CHARLES W. SEMBLER, TAX COLLECTOR, LIST OF ERRORS, INSOLVENCIES,
DOUBLE ASSESSMENTS AND DISCOUNTS FOR THE 2005 TAX ROLL .................. 3
7.C. APPROVAL OF WARRANTS ....................................................................................... 4
7.D. APPROVAL OF WARRANTS ....................................................................................... 4
7.E. APPROVAL OF WARRANTS ....................................................................................... 5
7.F. REAPPOINTMENT TO THE ENTERPRISE ZONE DEVELOPMENT AGENCY
(EZDA)......................................................................................................................... 5
7.G. APPOINTMENT TO THE PROFESSIONAL SERVICES ADVISORY COMMITTEE
(PSAC) ......................................................................................................................... 5
7.H. PROCLAMATION HONORING JULIANNE (RENK) PRICE ....................................... 6
7.I. PROCLAMATION HONORING MRS. ALMA MILLER ................................................ 6
7.J. APPOINTMENT TO THE AGRICULTURE ADVISORY COMMITTEE ........................ 6
7.K. RESIGNATION/APPOINTMENT TO THE CHILDREN’S SERVICES ADVISORY
COMMITTEE ............................................................................................................... 6
7.L. OUT OF COUNTY TRAVEL FOR COMMISSIONERS TO ATTEND THE FLORIDA
FORUM FOR COUNTY LEADERS: AN ADVANCED COMMISSIONER EDUCATION
PROGRAM................................................................................................................... 7
7.M. APPOINTMENT TO METROPOLITAN PLANNING ORGANIZATION TECHNICAL
ADVISORY COMMITTEE (MPOTAC) ......................................................................... 7
7.N. CITY OF FELLSMERE REPRESENTATION AND ALTERNATES TO COUNTY
COMMITTEES AND ADVISORY BOARDS .................................................................. 8
7.O. RELEASE AND SUBSTITUTION OF UNITY OF TITLE FOR FIRE STATION NO. 5 .. 9
JULY 11, 2006
2
7.P. FWC-04027 – ARTIFICIAL REEF MONITORING AMENDMENT #2 ......................... 9
THTH
7.Q. RELEASE OF RETAINAGE, OSLO ROAD CLEARING, 8 COURT SE TO 27
AVENUE SW .............................................................................................................. 10
7.R. CONTINUING PROFESSIONAL SURVEY SERVICES CONTRACT 0390, WORK
ORDER NO. 8 (ENGINEERING), MASTELLER, MOLER, REED & TAYLOR, INC.,
LAND ACQUISITION AND DESIGN, BOUNDARY/TOPOGRAPHIC SURVEY FOR
ST
PROPOSED VERO LAKES 101 STREET EXTENSION LYING NORTH OF COUNTY
ROAD 512. IRC PROJECT NO. 0614 – RELEASE OF RETAINAGE. ....................... 10
7.S. MASTER CONTRACT 0504 AND SUBSEQUENT WORK ORDER NO. 1
(ENGINEERING) PHASE TWO WITH: NICK MILLER, INC. PROFESSIONAL
SURVEYORS AND MAPPERS, FOR: PROFESSIONAL SURVEYING AND MAPPING
SERVICES SPECIFICALLY RELATED TO THE EASTERN INDIAN RIVER COUNTY
TOWNSHIP – SECTIONAL HORIZONTAL CONTROL SURVEYING AND MAPPING
PROJECT – INDIAN RIVER COUNTY PROJECT NO. 0504 – RELEASE OF
RETAINAGE .............................................................................................................. 11
7.T. MISCELLANEOUS BUDGET AMENDMENT 018 ..................................................... 11
7.U. APPROVAL OF CHANGE ORDER NO. 11, FOR THE NEW COUNTY
ADMINISTRATION BUILDINGS (Turner Construction) ............................................ 12
7.V. LOST LAKE L.L.C.’S REQUEST FOR FINAL PLAT APPROVAL FOR A
SUBDIVISION TO BE KNOWN AS LOST LAKE ........................................................ 12
7.W. CHILDREN’S SERVICES ADVISORY COMMITTEE FUNDING REPORT 2006/07 .. 13
7.X. APPROVAL OF BID AWARD FOR IRC BID # 2006083 MICRON FILTER FLOW
METER TRANSMITTERS, UTILITIES DEPARTMENT/WASTE WATER
PRODUCTION DIVISION ......................................................................................... 13
JULY 11, 2006
3
7.Y. APPROVAL OF BID AWARD FOR IRC BID # 2006085 30 KW STATIONARY
GENERATOR UTILITIES DEPARTMENT ................................................................. 14
7.Z. ROADWAY IMPROVEMENTS TO SR A1A AND CR 510 ENGINEERING/LAND
SURVEYING SERVICES AMENDMENT NO. 2 – CONSTRUCTION SERVICES ....... 14
7.AA. CONSENT AGENDA – APPROVAL OF AMENDMENT NO. 1 TO THE 319 GRANT
WITH FDeP/EPA FOR THE EAST GIFFORD STORMWATER IMPROVEMENT
PROJECT .................................................................................................................. 15
7.BB. CHANGE ORDER NO. 1 POST HURRICANE FRANCES AND JEANNE
EMERGENCY BEACH RESTORATION – SECTORS 3 AND 5, INDIAN RIVER
COUNTY PROJECT #0502 ........................................................................................ 15
7.CC. COUNTY ROAD 512 (PHASES 3 AND 4) I-95 TO ROSELAND ROAD, IRC PROJECT
NO. 9611, G. K. ENVIRONMENTAL, INC. MONITORING PROPOSAL/CONTRACT
FOR COUNTY MITIGATION PROJECT – BUFFER PRESERVE “DENTON
PARCEL” .................................................................................................................. 16
7.DD. CENTREX CONTRACT EXTENSION ........................................................................ 16
7.EE. FALCON TRACE PLATS FIVE AND SIX MODIFICATiONS TO CONTRACTS ......... 17
8.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 17
8.A. ROY RAYMOND, INDIAN RIVER COUNTY SHERIFF .............................................. 17
9.PUBLIC ITEMS ............................................................................................. 18
9.A. PUBLIC HEARINGS .................................................................................................. 18
9.A.1. Board Consideration to Approve Purchase of the Judah and Lloyd Parcels of the
Archie Smith Fish House Environmental Land Acquisition Project ........................ 18
9.A.2. Commander Groves’ Request to Rezone +/- 247.67 Acres from A-1 to RS-3 . 20
JULY 11, 2006
4
9.A.3. LVS Vero L.L.C.’s Request for Small Scale Comprehensive Plan Future Land
Use Amendment Approval to Redesignate 3.28 Acres From C/I to M-1 and to
Rezone those 3.28 Acres from CL to RM-8 ............................................................ 23
nd
9.A.4. Winter Beach Park Subdivision Petition Water Service (52 Avenue North of
th
65 Street), Indian River County Project No. UCP-2633, Preliminary Assessment
–Resolution III ....................................................................................................... 25
9.B. PUBLIC DISCUSSION ITEMS-None ......................................................................... 26
9.C. PUBLIC NOTICE ITEMS ........................................................................................... 26
9.C.1. NOTICE OF SCHEDULED PUBLIC HEARING JULY 18, 2006: ................ 26
Wal-Mart Stores East LTD’s Request to Rezone Approximately 1.52 Acres from CG to
PD (Commercial), Modify the Existing Sam’s/Wal-Mart PD Commercial District
and Modify the Sam’s/Wal-Mart PD Plan/Plat ....................................................... 26
10.COUNTY ADMINISTRATOR’S MATTERS .............................................. 26
10.A. PLANNING AND ZONING COMMISSION ................................................................ 26
11.DEPARTMENTAL MATTERS .................................................................... 28
11.A. COMMUNITY DEVELOPMENT ................................................................................ 28
11.A.1. Condemnation, Demolition and Removal of Unsafe Structures ....................... 28
11.B. EMERGENCY SERVICES .......................................................................................... 29
11.B.1. Approval of 2007 State Funded Subgrant Agreement for Hazards Analysis .... 29
11.C. GENERAL SERVICES ................................................................................................ 29
11.C.1. Amendment Number 3 to Contract Between Owner and Architect for Design of
New County Administration Buildings ................................................................... 29
11.C.2. IRC Jail Expansion Project Change Order #1—Medical/Infirmary GMP ........ 30
11.D. HUMAN RESOURCES – NONE ................................................................................. 30
JULY 11, 2006
5
11.E. HUMAN SERVICES, - NONE..................................................................................... 31
11.F. LEISURE SERVICES – NONE ................................................................................... 31
11.G. OFFICE OF MANAGEMENT AND BUDGET - NONE .............................................. 31
11.H. RECREATION - NONE .............................................................................................. 31
11.I. PUBLIC WORKS ....................................................................................................... 31
11.I.1. Request from Waters Edge Phase II Homeowners Association of Vero Beach,
Inc. for County to Assume Ownership and Maintenance of Roads in Waters Edge
Phase II .................................................................................................................. 31
thth
11.I.2. FEC Railroad Agreements, 16 Street/17 Street Railroad Crossing Widening
by FDOT................................................................................................................ 32
11.J. UTILITIES SERVICES ............................................................................................... 32
11.J.1. Continuing Consulting Services Work Order No. 4 with Masteller & Moler, Inc.
for Engineering Services for Conversion of Lateral G Force Main to Reuse Main –
UCP 2830 .............................................................................................................. 32
11.J.2. Change Order No. 1 to Bid No. 2006056 for Construction of a Master Planned
Force Main from SR 60 to the West Regional WWTF—UCP 2598 ........................ 33
12.COUNTY ATTORNEY ................................................................................. 33
12.A. PROPERTY EXCHANGE WITH WINDSOR PROPERTIES, GOLDEN SANDS PARK 34
13.COMMISSIONERS ITEMS .......................................................................... 35
13.A. COMMISSIONER ARTHUR R. NEUBERGER, CHAIRMAN - NONE......................... 35
13.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN - NONE ......................... 35
13.C. COMMISSIONER SANDRA L. BOWDEN - DONE..................................................... 35
13.D. COMMISSIONER WESLEY S. DAVIS - NONE .......................................................... 35
JULY 11, 2006
6
13.E. COMMISSIONER THOMAS S. LOWTHER ................................................................ 35
13.E.1. Planning & Zoning Commission ..................................................................... 35
13.E.2. Discuss Issues Pertaining to Controlling the Budget Growth and Property Taxes
36
13.E.3. Reinstate August meetings ............................................................................. 37
14.SPECIAL DISTRICTS AND BOARDS ........................................................ 37
14.A. EMERGENCY SERVICES DISTRICT – NONE .......................................................... 37
14.B. SOLID WASTE DISPOSAL DISTRICT ....................................................................... 38
14.B.1. Approval of Minutes Meeting of June 20, 2006 .............................................. 38
14.B.2. Revision of Indian River County Solid Waste Management Master Plan Update
38
14.B.3. Land Acquisition for SWDD .......................................................................... 38
14.C. ENVIRONMENTAL CONTROL BOARD - NONE ...................................................... 38
15.ADJOURNMENT .......................................................................................... 38
JULY 11, 2006
7
July 11, 2006
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
th
Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday,
July 11, 2006, at 9:00 a.m. Present were Chairman Arthur R. Neuberger, Vice Chairman Gary C.
Wheeler, and Commissioners Wesley S. Davis and Thomas S. Lowther. Commissioner Sandra
Bowden was absent. Also present were County Administrator Joseph Baird, County Attorney
William G. Collins II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Maria I.
Suesz.
1. CALL TO ORDER
Chairman Neuberger called the meeting to order at 9:00 a.m.
2. INVOCATION
Father Tri Tang Pham, St. Helen Catholic Church Public Works Director Jim Davis
delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Attorney William G. Collins, II led the Pledge of Allegiance to the Flag.
JULY 11, 2006
1
4. ADDITIONS/DELETIONS TO THE AGENDA/
EMERGENCY ITEMS
The Chairman requested the following items be added to the agenda:
1.Item 13.E. – Commissioner Lowther’s request to reinstate the August BCC
Meetings
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board unanimously, by a 4-0
vote (Commissioner Bowden absent) made the above
changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. 2006 NATIONAL ASSOCIATION OF COUNTIES
ACHIEVEMENT AWARDS
Chairman Neuberger read and presented to Recreation Director Clifford Crawford two
2006 NACo Achievement Awards for the programs entitled Community Recreation
Public-Private Partnership and Youth Golf Program. Director Crawford gave recognition to his
staff, Chuck Mechling, and Karen Faulk.
5.B. PRESENTATION OF PROCLAMATION DESIGNATING THE
MONTH OF JULY, 2006 AS RECREATION AND PARKS MONTH
Commissioner Lowther read and presented the Proclamation to Recreation Director
Clifford Crawford, who recognized his employees, Jim Romanek, and Mike Redstone.
JULY 11, 2006
2
5.C. PRESENTATION OF GOVERNOR’S POINT OF LIGHT
AWARD – DASIE BRIDGEWATER HOPE CENTER, INC.
Chairman Neuberger read and presented the Point of Light Award to Verna White and
Barry Braxton of Dasie Bridgewater Hope Center, Inc.
6. APPROVAL OF MINUTES - NONE
7. CONSENT AGENDA
7.A. REPORTS PLACED ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD:
7.A.1. RC–MM2006
EPORT OF ONVICTIONS ONTH OF AY
7.A.2. MIRFWCD
AP FOR NDIAN IVER ARMS ATER ONTROL ISTRICT
7.A.3 BIRWCD
UDGET FOR NDIAN IVER ATER ONTROL ISTRICT
S30,2007
FOR THE YEAR END EPTEMBER
7.B. CHARLES W. SEMBLER, TAX COLLECTOR, LIST OF
ERRORS, INSOLVENCIES, DOUBLE ASSESSMENTS AND
DISCOUNTS FOR THE 2005 TAX ROLL
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously authorized
the Board of County Commissioners and the Chairman to
JULY 11, 2006
3
sign two original recapitulation reports, forward the report
to the Clerk of Court for execution, and return one original
to the Tax Collector, as requested in the memorandum of
June 30, 2006.
TCEIR
AX OLLECTOR RRORS AND NSOLVENCIES EPORT
RROCB
WITH THE ECAPITULATION EPORT IS ON FILE IN THE FFICE OF THE LERK OF THE OARD
7.C. APPROVAL OF WARRANTS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously approved the
list of warrants for the period June 9, 2006 to June 15, 2006,
as requested.
7.D. APPROVAL OF WARRANTS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously approved the
list of warrants for the period June 16, 2006 to June 22,
2006, as requested.
JULY 11, 2006
4
7.E. APPROVAL OF WARRANTS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously approved the
list of warrants for the period of June 23 to June 29, 2006,
as requested.
7.F. REAPPOINTMENT TO THE ENTERPRISE ZONE
DEVELOPMENT AGENCY (EZDA)
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously approved
Mr. Roland “Gil” Guilbault’s reappointment to EZDA until
July 12, 2010, as recommended in the memorandum of
June 19, 2006.
7.G. APPOINTMENT TO THE PROFESSIONAL SERVICES
ADVISORY COMMITTEE (PSAC)
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously appointed
Ryan Morrell, replacing Ken Grudens, as the
Environmental Issues Appointee on the Professional
Services Advisory Committee, and his term would run to
2007, as recommended in the memorandum of June 18,
2006.
JULY 11, 2006
5
7.H. PROCLAMATION HONORING JULIANNE (RENK) PRICE
The Board acknowledged for the record the Proclamation honoring Julianne (Renk)
Price for her assistance in working with the PACE EH to bring about changes in the community.
7.I. PROCLAMATION HONORING MRS. ALMA MILLER
The Board acknowledged for the record the Proclamation honoring Mrs. Alma
Miller for her assistance in working to bring about changes in the Wabasso community.
7.J. APPOINTMENT TO THE AGRICULTURE ADVISORY
COMMITTEE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously appointed
William C. Graves IV as the Citrus Industry Appointee on
the Agriculture Advisory Committee (replacing Mark
Sanchez) and he will be up for reappointment in 2008, as
recommended in the memorandum of June 19, 2006.
7.K. RESIGNATION/APPOINTMENT TO THE CHILDREN’S
SERVICES ADVISORY COMMITTEE
JULY 11, 2006
6
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously accepted the
resignation of Ann Kellum, and approved the appointment
of Mr. Lou Aprile as the District 3, Appointee to the
Children’s Services Advisory Committee, as recommended
in the memorandum of June 26, 2006.
7.L. OUT OF COUNTY TRAVEL FOR COMMISSIONERS TO
ATTEND THE FLORIDA FORUM FOR COUNTY LEADERS: AN
ADVANCED COMMISSIONER EDUCATION PROGRAM
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously authorized
out of county travel for Commissioners to attend a series of
advanced leadership seminars for graduates of the Certified
County Commissioner (CCC) Program, as recommended in
the memorandum of June 26, 3006.
7.M. APPOINTMENT TO METROPOLITAN PLANNING
ORGANIZATION TECHNICAL ADVISORY COMMITTEE (MPOTAC)
The Board acknowledged the temporary appointment by the City of Sebastian of
Jerry Converse as its Engineering representative on the Metropolitan Planning Organization
JULY 11, 2006
7
Technical Advisory Committee (MPOTAC) replacing Terry Hill, who passed away on June 21,
2006
7.N. CITY OF FELLSMERE REPRESENTATION AND
ALTERNATES TO COUNTY COMMITTEES AND ADVISORY BOARDS
The Board acknowledged the City of Fellsmere’s representation on County
Committees and Advisory Boards, as well as Alternate members for each.
Sara J. Savage Council of Public Officials
John A. McCants, Alternate
John A. McCants Land Acquisition Advisory Committee
Cheryl Hampton, Alternate
Sara J. Savage Beach & Shore Preservation
Jason R. Nunemaker, Alternate
Francisco Magana Economic Development Council
Sara J. Savage, Alternate
Cheryl Hampton Emergency Services District Advisory
Francisco Magana, Alternate Committee
John A. McCants Metropolitan Planning Organization
Cheryl Hampton
Chief Scott Melanson MPO Bicycle Advisory Committee
Clarence Korker MPO Citizens Advisory Committee
Jason R. Nunemaker, City MPO Technical Advisory Committee
Manager
William “Bud” Roode, Alternate
JULY 11, 2006
8
Joel Tyson School Planning Citizen Oversight
Committee
City’s off year not our turn to Treasure Coast Regional Planning Council
serve on TCRPC
Kenneth L. Hamilton Parks & Recreation Committee
7.O. RELEASE AND SUBSTITUTION OF UNITY OF TITLE FOR
FIRE STATION NO. 5
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously approved to
dissolve the original Unity of Title; approved the corrected
Unity of Title; and authorized the Chairman to execute the
document, as recommended in the memorandum of June
30, 2006.
DUT
ECLARATION OF NITY OF ITLE IS ON FILE IN THE
OCB
FFICE OF THE LERK OF THE OARD
7.P. FWC-04027 – ARTIFICIAL REEF MONITORING
AMENDMENT #2
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously approved
JULY 11, 2006
9
Amendment #2 to Grant Agreement FWC-04027, as
recommended in the memorandum of June 23, 2006.
A#2
MENDMENT IS ON FILE IN THE
OCB
FFICE OF THE LERK OF THE OARD
TH
7.Q. RELEASE OF RETAINAGE, OSLO ROAD CLEARING, 8
TH
COURT SE TO 27 AVENUE SW
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously approved the
release of retainage in the amount of $3,842.00, as
recommended in the memorandum of June 19, 2006.
7.R. CONTINUING PROFESSIONAL SURVEY SERVICES
CONTRACT 0390, WORK ORDER NO. 8 (ENGINEERING),
MASTELLER, MOLER, REED & TAYLOR, INC., LAND ACQUISITION
AND DESIGN, BOUNDARY/TOPOGRAPHIC SURVEY FOR
ST
PROPOSED VERO LAKES 101 STREET EXTENSION LYING
NORTH OF COUNTY ROAD 512. IRC PROJECT NO. 0614 – RELEASE
OF RETAINAGE.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously approved the
JULY 11, 2006
10
release of final payment plus retainage in the amount of
$3,629.00, as recommended in the memorandum of June
19, 2006.
7.S. MASTER CONTRACT 0504 AND SUBSEQUENT WORK
ORDER NO. 1 (ENGINEERING) PHASE TWO WITH: NICK MILLER,
INC. PROFESSIONAL SURVEYORS AND MAPPERS, FOR:
PROFESSIONAL SURVEYING AND MAPPING SERVICES
SPECIFICALLY RELATED TO THE EASTERN INDIAN RIVER
COUNTY TOWNSHIP – SECTIONAL HORIZONTAL CONTROL
SURVEYING AND MAPPING PROJECT – INDIAN RIVER COUNTY
PROJECT NO. 0504 – RELEASE OF RETAINAGE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously approved the
release of final payment plus retainage in the amount of
$16,400.00, as recommended in the memorandum of June
22, 2006.
7.T. MISCELLANEOUS BUDGET AMENDMENT 018
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously adopted
JULY 11, 2006
11
Resolution 2006-096
, amending the Fiscal Year
2005-2006 Budget.
7.U. APPROVAL OF CHANGE ORDER NO. 11, FOR THE NEW
COUNTY ADMINISTRATION BUILDINGS (TURNER
CONSTRUCTION)
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously authorized
the transfer of project funds in the amount of $49,020 to the
GMP under the Owner Contingency; approved Change
Order No. 11 for additional work for the completion of the
remainder of the Bridge/Roadway in the amount of
$86,068, and authorized the County Administrator to
execute the Change Order, as recommended in the
memorandum of July 11, 2006.
CO#11
HANGE RDER IS ON FILE IN THE
OCB
FFICE OF THE LERK OF THE OARD
7.V. LOST LAKE L.L.C.’S REQUEST FOR FINAL PLAT APPROVAL
FOR A SUBDIVISION TO BE KNOWN AS LOST LAKE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
JULY 11, 2006
12
(Commissioner Bowden absent) unanimously granted final
plat approval for Lost Lake Subdivision, as recommended
in the memorandum of July 3, 2006.
7.W. CHILDREN’S SERVICES ADVISORY COMMITTEE FUNDING
REPORT 2006/07
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously approved
funding, as outlined in the recommendation for funding
report for the grant year 2006-07, and as recommended in
the memorandum of July 23, 2006.
ROCB
EPORT IS ON FILE IN THE FFICE OF THE LERK OF THE OARD
7.X. APPROVAL OF BID AWARD FOR IRC BID # 2006083 MICRON
FILTER FLOW METER TRANSMITTERS, UTILITIES
DEPARTMENT/WASTE WATER PRODUCTION DIVISION
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent), unanimously approved
the bid be awarded to AMJ Equipment Corp. as the lowest
most responsive and responsible bidder meeting the
JULY 11, 2006
13
specifications as set forth in the Invitation to Bid, and as
recommended in the memorandum of June 20, 2006.
7.Y. APPROVAL OF BID AWARD FOR IRC BID # 2006085 30 KW
STATIONARY GENERATOR UTILITIES DEPARTMENT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent), unanimously approved
the bid be awarded to Zabatt Engine Services, Inc. d/b/a/
Zabatt Power Systems as the lowest most responsive and
responsible bidder meeting the specifications as set forth in
the Invitation to Bid, as recommended in the memorandum
of June 26, 2006.
7.Z. ROADWAY IMPROVEMENTS TO SR A1A AND CR 510
ENGINEERING/LAND SURVEYING SERVICES AMENDMENT NO. 2
– CONSTRUCTION SERVICES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent), unanimously approved
Amendment No. 2 to the Roadway Improvements to SR
A1A and CR-510 Professional Engineering/Land
Surveying Services Agreement with Kimley-Horn for the
lump sum component of $58,000 and an hourly rate
JULY 11, 2006
14
component of $15,000 for a total contract amendment of
$73,000, as recommended in the memorandum of June 27,
2006.
AN.2OCB
MENDMENT O IS ON FILE IN THE FFICE OF THE LERK OF THE OARD
7.AA. CONSENT AGENDA – APPROVAL OF AMENDMENT NO. 1
TO THE 319 GRANT WITH FDEP/EPA FOR THE EAST GIFFORD
STORMWATER IMPROVEMENT PROJECT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously approved the
Grant amendment and authorized the Chairman to execute
it on behalf of the County, as recommended in the
memorandum of June 26, 2006.
AN1OCB
MENDMENT O IS ON FILE IN THE FFICE OF THE LERK OF THE OARD
7.BB. CHANGE ORDER NO. 1 POST HURRICANE FRANCES AND
JEANNE EMERGENCY BEACH RESTORATION – SECTORS 3 AND 5,
INDIAN RIVER COUNTY PROJECT #0502
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously approved
Change Order No. 1 and authorized the Chairman to
execute both copies of Change Order No. 1, as
recommended in the memorandum of June 26, 2006.
JULY 11, 2006
15
CON.1OCB
HANGE RDER O IS ON FILE IN THE FFICE OF THE LERK OF THE OARD
7.CC. COUNTY ROAD 512 (PHASES 3 AND 4) I-95 TO ROSELAND
ROAD, IRC PROJECT NO. 9611, G. K. ENVIRONMENTAL, INC.
MONITORING PROPOSAL/CONTRACT FOR COUNTY MITIGATION
PROJECT – BUFFER PRESERVE “DENTON PARCEL”
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously approved the
agreement with G. K. Environmental, Inc. for a lump sum
amount of $16,500.00, as recommended in the
memorandum of June 26, 2006.
AOCB
GREEMENT IS ON FILE IN THE FFICE OF THE LERK OF THE OARD
7.DD. CENTREX CONTRACT EXTENSION
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously authorized
the Chairman to sign the two contracts for the extension of
Centrex Services from BellSouth for another five-year
period, as recommended in the memorandum of July 3,
2006.
JULY 11, 2006
16
T
WO CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.EE. FALCON TRACE PLATS FIVE AND SIX MODIFICATIONS TO
CONTRACTS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent), unanimously approved
each Contract Modification to Falcon Trace Plat Five and
Six, and authorized the Chairman to execute same so long
as security is in place by July 12, 2006, as recommended in
the memorandum of July 5, 2006.
C
ONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
8.A. ROY RAYMOND, INDIAN RIVER COUNTY SHERIFF
Budget Amendment
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent), unanimously approved
proceeds from the public auction of surplus property and
vehicles be used to acquire new like-kind property within
JULY 11, 2006
17
the current fiscal year pursuant to Chapter 274, Florida
Statutes, as requested in the letter of June 30, 2006.
9. PUBLIC ITEMS
9.A. PUBLIC HEARINGS
9.A.1. BCAP
OARD ONSIDERATION TO PPROVE URCHASE OF THE
JLPASF
UDAH AND LOYD ARCELS OF THE RCHIE MITH ISH
HELAP
OUSE NVIRONMENTAL AND CQUISITION ROJECT
PROOFOFPUBLICATIONOFADVERTISEMENTFORHEARINGISONFILEIN
THEOFFICEOFTHECLERKTOTHEBOARD
(Clerk’s Note: This public hearing was heard following Item 9.A.2 due to a Quiet Title action
court hearing held at 8:45 a.m., this date.)
Chief of Environmental Planning Roland DeBlois displayed an aerial photograph
of the Judah and Lloyd parcels of the Archie Smith Fish House (on the National Historic Register)
explaining the parcels are a shoreline residential structure east of Indian River Drive, and the
Williams parcel is land west of Indian River Drive. It contains a dilapidated vacant house built
about 1925. The County intends to purchase the parcels, demolish the vacant house, and use the
salvaged materials towards restoring the riverfront historic structures. There is a submerged land
use lease also to be transferred to the County. The ballpark price for the restoration of the
riverfront historic structures, the residence/office and the boathouse is approximately $364,000 in
addition to the $1.5 million proposed purchase price. Since the purchase price is higher than the
appraised value, a super majority vote of the Commissioners (4 out of 5) would be required.
Burney Carter
Attorneyas Guardian Ad Litem to Heather Evelyn Upton, a minor
child explained the results of the Quiet Title action. Ms. Upton is now owner of two-ninths, or
JULY 11, 2006
18
22% of the Williams property. It is in her best interest to go along with the proceedings at this
time, and he did not see any reason why this child’s interest should be an impediment to the Board
going forward with what they want to do.
The Chairman opened the public hearing.
George Blythe
a member of LAAC had made a motion to approve this item at the
LAAC meeting, with the condition of having simultaneous titles on all the parcels. He was
concerned the entire area on the west side of the road would be used only for parking and said it
should be reserved only for the fish house. If there is to be or would be commercial use of the
parking lot, he felt the County should be compensated.
Willie Siebert, ,
Viola Judah’s son-in-lawagreed with Mr. Blythe regarding having
simultaneous closings on all the parcels. He saw a future problem the Board would have to face
with the trolleys using the public parking spaces.
Chairman Neuberger felt they could not limit use of the parking spaces.
There were no additional speakers and the Chairman closed the public hearing.
Assistant County Attorney Marian Fell asked the Board to consider staff’s
recommendation, authorizing preparation of an amendment to reflect the facts in the Quiet Title
and authorizing the County Attorney to sign it.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board by a super majority vote
4-0 (Commissioner Bowden absent) unanimously approved
the purchase under the terms specified in the option
contract, and with an amendment to reflect the facts in the
Quiet Title; authorized the County Attorney to execute; and
JULY 11, 2006
19
directed staff to apply for a Florida Communities Trust
(FCT) 45% cost-share reimbursement grant under an
upcoming FCT grant cycle (within two years of closing), as
recommended in the memorandum of June 29, 2006.
FIRSTAMENDMENTTOOPTIONAGREEMENTISONFILE
INTHEOFFICEOFTHECLERKTOTHEBOARD
The Chairman called a recess at 10:39 a.m. and reconvened the meeting at 10:48 a.m., and
announced that Commissioner Bowden was on an excused absent due to illness in the family.
9.A.2. CG’RR+/-247.67
OMMANDER ROVES EQUEST TO EZONE
AA-1RS-3
CRES FROM TO
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating explained this request is an appeal of the
P&Z denial of a rezoning to allow for development of a subdivision near the Aerodrome
community. The applicant filed an appeal in a timely manner, then requested delays to be
reconsidered in order to have time to meet with the adjacent property owners. Staff’s opinion was
non-compatibility with the auto racetrack and an airstrip was the reason for the denial by P&Z.
However, staff does not feel there is going to be a significant environmental impact, and therefore
supported the rezoning.
Commissioner Lowther pointed out the auto track is in fact a racetrack, and questioned
whether it would be appropriate to allow development. Staff’s perspective was the applicant
should not be penalized because these adjacent properties exist, but the applicant would have to
workout suitable arrangements with those property owners.
The Chairman opened the public hearing.
JULY 11, 2006
20
The following residents at the Aerodrome opposed the rezoing advising the Board that if
they approve any rezoning other than RS-3, they would loose the avigation easement to give them
the clear zone. Several expressed concern with the traffic impact, noise and safety, and they
implored the Board to deny this request:
Fannie Height,
an Aerodrome resident since 1996
Phil Hypes
, an Aerodrome resident for 20 years and pilot
Buddy Marks,
a taxpayer at Aerodrome for 25-years
Joan Kaser,
125 Nieuport Drive
George Morris,
190 N. Camelia Court
th
Peter O’Brien
, 2255 11 Lane
John Williams,
1535 Smuggler’s Cove
Mary Wood
, 220 Sopwith Drive
Gwen Garner
, 8520 Waco Way
Philippe Cadorette
a resident at Aerodrome
Rebecca Emmons
, Attorney of Stewart and Evans PA, represented the Aerodrome
Property Owners Association. She advised that the Association’s Board of Directors and the
Developer entered into an agreement providing for two easements: a defined clear zone easement
pursuant to the Florida Administrative Code’s definition as to the type of airstrip that the
Aerodrome currently has, and a general easement over all the property enabling use of the clear
zone. Since the property owners entered into this agreement with the developer, they will not have
any objection to the rezoning to RS-3, which will be recorded and become a matter of public
record should the rezoning occur. The recording of the agreement would put any potential owners
in the development on notice of the Aerodrome and its aviation activities.
There were questions posed to Attorney Emmons by the Commissioners regarding the
easements.
JULY 11, 2006
21
Fred Kreschner
Attorney, representing the Developer of Commander Groves, defined the
avigation easement that will be recorded in public records for everyone who buys a parcel of
property for future development to know the existence of the airport. The actual airspace to the
avigation pattern provides for airspace above the development for taking off and landing in the
airstrip.
There was a lengthy discussion and questions were posed by the Board to staff regarding
RS-3 zoning and the Developer’s choice of developing a subdivision instead of a PD.
In response to Commissioner Wheeler’s question, County Attorney Collins advised that a
developer would not be able to come in and change the clear zone, because it is in the nature of a
recorded easement.
Eugene O’Neil
, Gould Cooksey Fennell O’Neil Marine Carter & Hafner Law Firm,
representing John and Kathy Schumann, owner of the private test track property at Aerodrome,
discussed an agreement reached with the Developer called a “noise easement”. This is separate
and distinct from the avigation easement that includes a setback and buffer. He said the
Schumann’s are in favor of the avigation easement, and they do not oppose the rezoning at this
time.
The Chairman called for a recess at 10:39 a.m., and he reconvened the meeting at 10:48
a.m. with all members present.
Discussion continued regarding a clear zone.
There were no additional speakers and the Chairman closed the public hearing.
JULY 11, 2006
22
Commissioner Wheeler was concerned that a high-end residential development would not
be compatibility with a sewer plant, a racetrack, and an airport.
Commissioner Davis stated it was his opinion that the Board should approve the rezoning
and record the easements to protect the airport.
Commissioner Lowther agreed.
Chairman Neuberger had concerns with the racetrack, the sewer plant, and the airport. He
told the developer he is going to have to jump through hoops later on. He said he was sure that he
was not going to cause problems by putting something under the clear zone.
The Board discussed locking in a PD with the zoning as part of the Motion.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 3-1 vote
(Commissioner Wheeler opposed and Commissioner
Ordinance 2006-018
Bowden absent) adopted amending
the zoning ordinance and the accompanying zoning map for
st
+/- 247.67 acres located at the northwest corner of 1 Street
nd
SW and 82 Avenue from A-1, Agricultural District (up to
1 unit/5 acre), to RS-3, single family residential district (up
to 3 units/acre), and providing codification, severability,
and effective date.
9.A.3. LVSVL.L.C.’RSS
ERO S EQUEST FOR MALL CALE
CPFLUA
OMPREHENSIVE LAN UTURE AND SE MENDMENT
AR3.28AFC/IM-1
PPROVAL TO EDESIGNATE CRES ROM TO
R3.28ACLRM-8
AND TO EZONE THOSE CRES FROM TO
JULY 11, 2006
23
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
This is a request for a small scale Comprehensive Plan Land Use Amendment and a
proposal to rezone the property from CL to RM-8 to make all parcels residential instead of leaving
part as commercial. There was an error in the criteria in the original land use designation, and a
portion was designated commercial without having road access. To correct this mistake P&Z
recommended unanimously for the Board to approve this request.
The Chairman opened the public hearing. There were no additional speakers and the
Chairman closed the public hearing.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote,
Commissioner Bowden absent, unanimously adopted
Ordinance 2006-019
, amending the future land use
element of the Comprehensive Plan by changing the land
use designation for more or less 3.28 acres located
th
approximately 475 feet north of State Road 60 (20 Street)
nd
and approximately 690 feet west of 82 Avenue from C/L
Commercial Industrial, to M-1, medium-density
residential-1 (up to 8 unit/acre); and providing codification,
severability and effective date.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Ordinance 2006-020
, amending the zoning ordinance and
zoning map for more or less 3.28 acres located
JULY 11, 2006
24
th
approximately 475 feet north of State Road 60 (20 Street)
nd
and approximately 690 feet west of 82 Avenue from CL,
Limited Commercial District, to RM-8, Multiple Family
Residential District, and providing codification,
severability, and effective date.
9.A.4. WBPSPW
INTER EACH ARK UBDIVISION ETITION ATER
S(52AN65S),I
NDTH
ERVICE VENUE ORTH OF TREET NDIAN
RCPN.UCP-2633,P
IVER OUNTY ROJECT O RELIMINARY
A–RIII
SSESSMENT ESOLUTION
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Manager of Assessment Projects Dan Chastain requested Board approval of Resolution III
to proceed with the Bid process.
The Chairman opened the public hearing and there were no speakers. The Chairman
closed the public hearing.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Wheeler, the Board by a 4-0 vote,
Commissioner Bowden absent, unanimously adopted
Resolution No. 2006-095
confirming the special
assessments in connection with water main expansion to
ndth
Winter Beach Park Subdivision (52 Avenue, North of 65
Street) in Indian River County, Florida; and providing for
special assessment liens to be made of record.
JULY 11, 2006
25
9.B. PUBLIC DISCUSSION ITEMS-NONE
9.C. PUBLIC NOTICE ITEMS
9.C.1. NOTICEOFSCHEDULEDPUBLICHEARINGJULY
18,2006:
W-MSELTD’RR
ALART TORES AST S EQUEST TO EZONE
A1.52ACGPD
PPROXIMATELY CRES FROM TO
(C),MES’/W-M
OMMERCIAL ODIFY THE XISTING AMSALART
PDCDM
OMMERCIAL ISTRICT AND ODIFY THE
S’/W-MPDP/P
AMSALART LANLAT
The Executive Aide to the Board read the notice into the record.
10. COUNTY ADMINISTRATOR’S MATTERS
10.A. PLANNING AND ZONING COMMISSION
County Administrator Baird relayed that at the Planning and Zoning Commission
Meeting of June 22, 2006 the members indicated they would like to have another workshop with
the Traffic Impact Consultant after delivery of the final report to the Board.
MOTION WAS MADE by Commissioner Wheeler to
approve this request. There was no SECOND. MOTION
FAILED for lack of a SECOND.
JULY 11, 2006
26
The Board held a discussion regarding the input received from the P&Z Committee after
their joint workshop held at the Richardson Center on May 23, 2006 regarding the draft report of
the Traffic Impact Study.
Joseph Paladin
, Atlantic Coast Construction, Inc., thought it was inappropriate to
comment on a report that had not been submitted. He thought the Board needed to draw the line to
stop the P&Z members from questioning staff and the Commissioners and to base their comments
on fact.
Chairman Neuberger agreed.
Traffic Engineer Chris Mora informed the Board there were two other opportunities aside
from the joint workshop that the P&Z members had to get involved and to hear the consultant’s
report and recommendations.
Jerry Swanson
, 3001 Ocean Drive, supported Mr. Paladin’s comments.
The Board held a discussion regarding the role of the P&Z Commission.
The CONSENSUS was to wait for the final Traffic Impact
Study report from the Traffic Consultant and invite the
P&Z Commission to the meeting when it is presented to the
Board.
JULY 11, 2006
27
11. DEPARTMENTAL MATTERS
11.A. COMMUNITY DEVELOPMENT
11.A.1. C,DRU
ONDEMNATION EMOLITION AND EMOVAL OF NSAFE
S
TRUCTURES
thth
Johnnie Roy Chambliss
, 4265 26 Avenue, who owns the property at 4293 26 Avenue
asked the Board not to demolish his building, and to allow him time to bring the building into
compliance with the help of MBV Engineering Inc.
Freddie Woolfork
spoke in support of Mr. Chambliss saying he would put Mr. Chambliss
in touch with Penny Chandler, Executive Director of the Indian River County Area Chamber of
Commerce, for financial assistance since the property is located in the “Enterprise Zone.”
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board by a 4-0 vote,
Commissioner Bowden absent, unanimously adopted
Resolution No. 2006-096
providing for the demolition of
unsafe structures and the recovery of costs. The Board also
requested that the property owned by Johnnie Roy
th
Chambliss at 4293 25 Avenue be revisited in 60 days.
(Clerk’s Note: Property of George & Phoebe Gipson was removed from the condemnation
list \[provided after the meeting\] and the revised list is attached to Resolution 2006-096.)
JULY 11, 2006
28
11.B. EMERGENCY SERVICES
11.B.1. A2007SFSA
PPROVAL OF TATE UNDED UBGRANT GREEMENT
HA
FOR AZARDS NALYSIS
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously approved the
2007 State Funded Subgrant Agreement for Hazards
Analysis, accepting the funding provided in the agreement,
and that the budget assignment for this funding be deferred
until the Emergency Management Preparedness Agreement
is approved by the Board in September, as recommended in
the memorandum of June 28, 2006.
A
GREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.C. GENERAL SERVICES
11.C.1. AN3CBO
MENDMENT UMBER TO ONTRACT ETWEEN WNER
ADNC
AND RCHITECT FOR ESIGN OF EW OUNTY
AB
DMINISTRATION UILDINGS
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously approved
Amendment #3 to the Primary Contract with Donadio and
JULY 11, 2006
29
Associates in the amount of $57,200 for architectural and
engineering services as recommended in the memorandum
of July 3, 2006.
AN3CB
MENDMENT UMBER IS ON FILE IN THE OFFICE OF THE LERK TO THE OARD
11.C.2. IRCJEPCO
AIL XPANSION ROJECT HANGE RDER
#1—M/IGMP
EDICALNFIRMARY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously approved
A1A Change Order #1 of contract with Peter R. Brown
Construction, Inc., establishing the Medical/Infirmary
Guaranteed Maximum Price (GMP) of $1,805,547 for the
IRC Jail expansion project; authorized the Chairman to
execute the documents; authorized the procedures for
establishing and managing the Owner’s Contingency; and
approved that the Payment and Performance Bonds be
required at 100% of the cost of construction, as
recommended in the memorandum of June 29, 2006.
CON001CB
HANGE RDER UMBER IS ON FILE IN THE OFFICE OF THE LERK TO THE OARD
11.D. HUMAN RESOURCES – NONE
JULY 11, 2006
30
11.E. HUMAN SERVICES, - NONE
11.F. LEISURE SERVICES – NONE
11.G. OFFICE OF MANAGEMENT AND BUDGET - NONE
11.H. RECREATION - NONE
11.I. PUBLIC WORKS
11.I.1. RWEPIIH
EQUEST FROM ATERS DGE HASE OMEOWNERS
AVB,I.C
SSOCIATION OF ERO EACH NC FOR OUNTY TO
AOMR
SSUME WNERSHIP AND AINTENANCE OF OADS IN
WEPII
ATERS DGE HASE
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously approved
Alternative #1, authorizing the County Attorneys office and
Public Works Department to prepare the appropriate
documents to assume ownership of the private roads in
Waters Edge Phase II and once all documents are properly
executed, accept ownership and maintenance, as
recommended in the memorandum of June 22, 2006.
JULY 11, 2006
31
11.I.2. FECRA,16S/17S
THTH
AILROAD GREEMENTS TREET TREET
RCWFDOT
AILROAD ROSSING IDENING BY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously approved
Resolution
Alternative No. 1, the agreement, and adopted
2006-097
authorizing execution of a railroad
reimbursement agreement for the construction of railroad
grade crossings, installation of traffic control devices for
railroad grade crossings, and future maintenance and
adjustment of said crossings and devices; providing for the
future expenditure of funds; and providing when this
resolution shall take effect.
AOCB
GREEMENT IS ON FILE IN THE FFICE OF THE LERK OF THE OARD
11.J. UTILITIES SERVICES
11.J.1. CCSWON.4
ONTINUING ONSULTING ERVICES ORK RDER O
M&M,I.E
WITH ASTELLER OLER NC FOR NGINEERING
SCLGFM
ERVICES FOR ONVERSION OF ATERAL ORCE AIN TO
RM–UCP2830
EUSE AIN
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously approved
JULY 11, 2006
32
Work Order No. 4 with Masteller and Moler, Inc. in the
amount of $26,630.00 for engineering services and
authorized the Chairman to execute the same, as
recommended in the memorandum of June 22, 2006.
WON4OCB
ORK RDER UMBER IS ON FILE IN THE FFICE OF THE LERK OF THE OARD
11.J.2. CON.1BN.2006056
HANGE RDER O TO ID O FOR
CMPFM
ONSTRUCTION OF A ASTER LANNED ORCE AIN FROM
SR60WRWWTF—UCP2598
TO THE EST EGIONAL
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously approved
Change Order No. 1 to the Contract with Felix Associates,
LLC in the amount of $118,192.00 for an increased
Contract amount of $1,254,627.00, as recommended in the
memorandum of June 27, 2006.
CON.1OCB
HANGE RDER O IS ON FILE IN THE FFICE OF THE LERK OF THE OARD
12. COUNTY ATTORNEY
JULY 11, 2006
33
12.A. PROPERTY EXCHANGE WITH WINDSOR PROPERTIES,
GOLDEN SANDS PARK
Attorney Collins stated that the Board approved an exchange with Windsor
Properties for certain property at Golden Sands Park. Before the exchange was consummated it
was determined that DEP had an interest in the property because some of funds used to acquire it
were State funds and DEP had to consent.
Assistant County Attorney Bill Debraal briefly explained that now the County
needs to go through DEP for permission to exchange the parcel with Windsor. DEP said they want
the funds to be earmarked for recreational and park purposes. The Acquisition Review Committee
in Tallahassee will have the application and letter (copy with the backup) will meet on August
10-11.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Wheeler, the Board by a 4-0 vote
(Commissioner Bowden absent) unanimously approved
restricting the $1,000,000 donation to the County from
Windsor Properties to improvements to the County’s parks
and recreation facilities and authorized the Chairman to
sign the letter to the Department of Environmental
Protection, as recommended in the memorandum of June
30, 2006.
AOCB
GREEMENT IS ON FILE IN THE FFICE OF THE LERK OF THE OARD
There was a CONSENSUS for Commissioner Lowther to
represent the Board at the August 10 and 11, 2006
JULY 11, 2006
34
Acquisition Review Committee (ARC) meeting in
Tallahassee.
13. COMMISSIONERS ITEMS
13.A. COMMISSIONER ARTHUR R. NEUBERGER, CHAIRMAN -
NONE
13.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN -
NONE
13.C. COMMISSIONER SANDRA L. BOWDEN - DONE
13.D. COMMISSIONER WESLEY S. DAVIS - NONE
13.E. COMMISSIONER THOMAS S. LOWTHER
13.E.1. P&ZC
LANNING ONING OMMISSION
Commissioner Lowther wanted the Board to vote to replace Mr. George Gross, a member
at large on the P&Z Commission with Mr. Greg Smith, who is retiring from the School Board.
Commissioner Wheeler did not see the urgency since there are several months till the end
of his term. Mr. Gross told him that him if he had the opportunity to remain on the P&Z
Commission, he would like that.
Commissioner Davis supported this request.
JULY 11, 2006
35
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, to replace Mr. George Gross with
Mr. Greg Smith on the P&Z Commission. The motion
FAILED, by a 2-2 vote (Chairman Neuberger and
Commissioner Wheeler opposed, Commissioner Bowden
absent).
13.E.2. DIPC
ISCUSS SSUES ERTAINING TO ONTROLLING THE
BGPT
UDGET ROWTH AND ROPERTY AXES
Commissioner Lowther proposed placing a referendum on the ballot asking “do you favor
expanding ‘Save Our Homes’ on all properties”.
Attorney Collinsexplained that this would be a straw ballot, and that only the State
government could extend the homeowners tax cap by referendum.
Commissioner Wheelerliked the idea, but he didn’t think voters would approve it.
Chairman Neuberger questioned who would explain to the public how this was going to
affect them.
State Representative Stan Mayfield
stated that he has been an advocate to make
homestead legislature affordable over the last four years, but has been unable to get enough
support to push it through. He explained this proposal would be a 3% tax cap on all property taxes.
There would be no increase in taxes unless IRC and other taxing districts, and the legislature chose
to increase the millage rates in order to fulfill a void that might have been created by a tax value
cap. He gave some statistics expressing his opinion that capping what comes in will place a
dramatic effect on what comes out. He told the Board a straw ballot by the counties carries a lot of
weight, and they would have the authority to impose limiting the increase in government spending
without a State law or constitutional amendment and be a leader in the State.
JULY 11, 2006
36
ON MOTION by Commissioner Lowther, SECONDED
BY Commissioner Davis, the Board by a 4-0 vote
(Commissioner Bowden absent) directed the County
Attorney to draft a referendum question asking voters
whether the “Save our Homes Act” should be extended to
all properties and to bring back to the Board.
13.E.3. RA
EINSTATE UGUST MEETINGS
Commissioner Lowther heard from people who might have to come before the Board in
August and he requested the August meetings be reinstated.
MOTION WAS MADE by Commissioner Lowther,
SECONDED BY Commissioner Davis, for discussion, to
reinstate the August BCC meetings.
Commissioner Wheeler opposed this request.
The Chairman CALLED THE QUESTION and the Motion
passed, by a 3-1 vote, Commissioner Bowden Absent and
Commissioner Wheeler opposed, to reinstate the August 1,
8, and 15, 2006 BCC meetings.
14.SPECIAL DISTRICTS AND BOARDS
14.A. EMERGENCY SERVICES DISTRICT – NONE
JULY 11, 2006
37
14.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment, the Board would
reconvene as the Board of Commissioners of the Solid Waste Disposal District. The Minutes are
being prepared separately and appended to this document.
14.B.1. AMMJ20,2006
PPROVAL OF INUTES EETING OF UNE
14.B.2. RIRCSW
EVISION OF NDIAN IVER OUNTY OLID ASTE
MMPU
ANAGEMENT ASTER LAN PDATE
14.B.3. LASWDD
AND CQUISITION FOR
14.C. ENVIRONMENTAL CONTROL BOARD - NONE
15. ADJOURNMENT
ALL BACKUP DOCUMENTATION ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND
ARE HEREBY MADE A PART OF THESE MINUTES
There being no further business, on Motion duly made, seconded and carried, the Board
adjourned at 12:26 p.m.
JULY 11, 2006
38
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman
Minutes Approved: _________________
BCC/MIS/2006Minutes
JULY 11, 2006
39