HomeMy WebLinkAbout08/22/2006 (3)
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF AUGUST 22, 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 .................................................................3
5.A. PRESENTATION OF PROCLAMATION TO INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS BY REPRESENTATIVE STAN MAYFIELD, FLORIDA
HOUSE OF REPRESENTATIVES, DISTRICT 80 ......................................................3
5.B. PRESENTATIONS BY LARRY WAPNICK, PRESIDENT, VETERANS COUNCIL OF
INDIAN RIVER COUNTY ..........................................................................................3
1. Plaque to Indian River County Shooting Range ....................................................3
2. Commissioner’s Cup to Marine Corp. League ......................................................3
5.C. PRESENTATION BY JANE R. COYLE, CHAIR, THE MENTAL HEALTH
COLLABORATIVE OF INDIAN RIVER COUNTY .....................................................4
5.D. RECOGNITION OF GOOD SAMARITAN – A LETTER FROM THE DIRECTOR .....4
5.E. PRESENTATION BY BARBARA HOFFMAN, CHAIRMAN VERO BEACH BOOK
FESTIVAL .................................................................................................................5
AUGUST 22, 2006 1
6. APPROVAL OF MINUTES...............................................................................................5
6.A. Meeting of July 11, 2006 ............................................................................................5
6.B. Meeting of July 12, 2006 – Budget Workshop.............................................................5
6.C. Meeting of July 18, 2006 ............................................................................................6
6.D. Meeting of July 21, 2006 – Special Call meeting ........................................................6
7. CONSENT AGENDA ........................................................................................................7
7.A. REPORTS PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD:
7
1. REPORT OF CONVICTIONS MONTH OF JUNE 2006 .....................................7
2. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT – TENTATIVE
BUDGET FOR FY 2006-2007 (CD FORMAT) ...................................................7
3. SEBASTIAN INLET DISTRICT COMMISSION – ANNUAL FINANCIAL
REPORT FY 2004-2005 ......................................................................................7
7.B. QUARTERLY INVESTMENT REPORT ......................................................................7
7.C. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT, INDIAN RIVER COUNTY
TRAFFIC EDUCATION PROGRAM TRUST FUND .................................................8
7.D. APPROVAL OF WARRANTS JULY 7-13, 2006..........................................................8
7.E. APPROVAL OF WARRANTS JULY 14-20, 2006 ........................................................8
7.F. APPROVAL OF WARRANTS JULY 21-27, 2006 ........................................................9
7.G. APPROVAL OF WARRANTS JULY 28-AUGUST 3, 2006 ..........................................9
7.H. APPROVAL OF WARRANTS AUGUST 4-10, 2006....................................................9
7.I. TOWN OF ORCHID ALTERNATES TO COUNTY COMMITTEES .......................... 10
7.J. RESIGNATION FROM CODE ENFORCEMENT BOARD ....................................... 10
AUGUST 22, 2006 2
7.K. RESIGNATION FROM THE BEACH AND SHORE PRESERVATION ADVISORY
COMMITTEE .......................................................................................................... 11
7.L. APPOINTMENT TO THE BEACH AND SHORE PRESERVATION ADVISORY
COMMITTEE .......................................................................................................... 11
7.M. APPOINTMENT METROPOLITAN PLANNING ORGANIZATION CITIZENS
ADVISORY COMMITTEE (MPOCAC) .................................................................... 12
7.N. OUT OF COUNTY TRAVEL FOR COMMISSIONERS AND STAFF TO ATTEND THE
2006 FLORIDA ETHICS CONFERENCE AND ATTORNEY GENERAL’S SUNSHINE
SUMMIT .................................................................................................................. 12
TH
7.O. OUT OF COUNTY TRAVEL TO ATTEND THE 50 ANNUAL CONFERENCE OF
THE FLORIDA SHORE & BEACH PRESERVATION ASSOCIATION .................... 13
ST
7.P. OUT OF COUNTY TRAVEL – THE 31 ANNUAL CONFERENCE ON WATER
MANAGEMENT ...................................................................................................... 13
7.Q. RETIREMENT AWARD AND PROCLAMATION TO HARRY GILBERT FOR ELEVEN
YEARS OF SERVICE DATED JULY 31, 2006 ......................................................... 14
7.R. RETIREMENT AWARD AND PROCLAMATION TO ROBERT MACGRAW FOR
TWELVE YEARS OF SERVICE DATED JULY 31, 2006 .......................................... 14
7.S. RETIREMENT AWARD AND PROCLAMATION TO RICHARD WAGNER FOR
THIRTEEN YEARS OF SERVICE DATED JULY 31, 2006 ...................................... 14
7.T. RETIREMENT AWARD AND PROCLAMATION TO SCOTT HARRINGTON FOR
THIRTY-THREE YEARS OF SERVICE DATED AUGUST 31, 2006 ........................ 14
7.U. APPROVAL OF RENEWAL FOR A CLASS E1 CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR THE PLACE AT VERO BEACH, INC. TO
PROVIDE NON-EMERGENCY WHEELCHAIR SERVICES .................................... 15
AUGUST 22, 2006 3
RD
7.V. 43 AVE SUB COMPLEX – CHANGE ORDER #5 ................................................. 15
7.W. VETERANS COUNCIL REIMBURSEMENT REQUEST PURCHASE OF VAN ........ 16
7.X. AFFIDAVIT OF PUBLICATION WITH NOTICE OF UNCLAIMED MONEYS ....... 16
7.Y. PERMISSION TO ADVERTISE FOR ORDINANCE AMENDING THE DEFINITION
OF ALLOWABLE WATER ACTIVITIES IN A PARK OR RECREATION AREA ....... 16
7.Z. PERMISSION TO ADVERTISE FOR ORDINANCE AMENDING SECTION 305.09
OF THE CODE TO INCREASE THE FINE UNDER THE DORI SLOSBERG DRIVER
EDUCATION SAFETY ACT .................................................................................... 17
7.AA.APPROVAL OF CONSTRUCTION GRANT AGREEMENT ..................................... 17
7.BB.RESOLUTIONS REQUESTED BY THE BOARD ..................................................... 18
7.CC. RATIFICATION OF DOCUMENTS EXECUTED BY COUNTY ADMINISTRATOR
OR DESIGNEE, ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS,
UNDER AUTHORITY OF RESOLUTION NO. 2006-089, BETWEEN JULY 18TH
AND AUGUST 16, 2006 .......................................................................................... 18
7.DD. POINT-O-WOODS SUBDIVISION WATER ASSESSMENT PROJECT
APPROVAL OF FINAL PAYMENT TO CONTRACTOR AND RELEASE OF
RETAINAGE ............................................................................................................ 19
7.EE.DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL .............. 19
7.FF.APPROVAL OF BID AWARD FOR IRC BID #2006078 VIBRATORY COMPACTOR –
UTILITIES DEPARtMENT ...................................................................................... 20
7.GG. APPROVAL OF BID AWARD FOR IRC BID #2006077 WHEEL LOADER –
UTILITIES DEPARTMENT ..................................................................................... 20
7.HH. APPROVAL OF FEMA HAZARDOUS MITIGATION GRANT PROGRAM GRANT
FOR THE ROCKRIDGE SUBDIVISION SURGE PROTECTION PROJECT ........... 21
AUGUST 22, 2006 4
7.II. APPROVAL OF FLORIDA LEGISLATIVE PROJECT GRANT AGREEMENT FOR
EGRET MARSH REGIONAL STORMWATER PARK ............................................... 21
7.JJ. CHANGE TO PURCHASING CARD POLICY SINGLE PURCHASE LIMITS .......... 22
7.KK. APPROVAL OF BID AWARD FOR IRC BID #2006090 ANNUAL BID FOR
INSTRUMENT CONTROL TECH FOR TWO WATER TREATMENT PLANTS
(RE-BID) UTILITIES DEPARTMENT, WASTEWATER TREATMENT DIVISION ... 22
7.LL. CITRUS BEST MANAGEMENT PRACTICES COST SHARE CONTRACTS ............ 23
7.MM. APPROVAL OF ANNUAL BID AWARD EXTENSION FOR IRC BID #2006031
ANNUAL BID FOR POLYMER – UTILITIES DEPARTMENT, WASTEWATER
TREATMENT DIVISION ......................................................................................... 23
7.NN. APPROVAL OF BID AWARD FOR IRC BID #2006089 40 CUBIC YARD ROLL
OFF CONTAINERS – UTILITIES DEPARTMENT, SOLID WASTE DISPOSAL
DISTRICT ................................................................................................................ 24
7.OO. PETER SUTHERLAND REQUEST FOR PARTIAL RELEASE OF EASEMENT AT
TH
2335 13 ST SW (OSLO PARK SUB UNIT 6) ......................................................... 24
7.PP.REQUEST FOR BOARD APPROVAL OF A COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) HOUSING REHABILITATION BID .............................................. 24
7.QQ. WESTFIELD OF VERO DEVELOPMENT COMPANY’S REQUEST FOR FINAL
PLAT APPROVAL FOR A SUBDIVISION TO BE KNOWN AS WESTFIELD .......... 25
7.RR.ADOPTION OF NATIONAL INCIDENT MANAGEMENT SYSTEM ........................ 25
7.SS. ADDENDUM TO: WORK ORDER NO. 6, CARTER ASSOCIATES, INC. FOR: IRC
HOBART PARK MAINTENANCE COMPLEX PROJECT NO. 0623 ........................ 25
7.TT. CR 512, PHASE III, CR 510 – PROJECT #9611 & 0001 BID NUMBER 2006065
CHANGE ORDER #3 .............................................................................................. 26
AUGUST 22, 2006 5
7.UU. SEASONS, P.D. EXTENSION TO COMPLETE REMAINING SIDEWALKS....... 27
7.VV. WORK ORDER #4 APPLIED TECHNOLOGY AND MANAGEMENT INC.
MITIGATION REEF BIOLOGICAL MONITORING ................................................ 27
7.WW. PROFESSIONAL ENGINEERING SERVICES AGREEMENT, CR 512
CORRIDOR IMPROVEMENTS – IRC PROJECT NO. 9611 ADDENDUM NO. 11
(MASTELLER & MOLER, INC.) .............................................................................. 28
7.XX. CHANGE ORDER NO. 1 WITH INDIAN RIVER INDUSTRIAL CONTRACTORS INC.
FOR ADDITIONAL WORK ON THE CENTRAL PLANT EXPANSION UCP #2347 28
7.YY. MISCELLANEOUS BUDGET AMENDMENT 020 .................................................. 29
7.ZZ. APPOINTMENT ON THE CONSERVATION LANDS ADVISORY COMMITTEE
(CLAC) .................................................................................................................... 29
7.AAA. ACCEPTANCE CHANGE ORDER NO. 15, FOR THE NEW COUNTY
ADMINISTRATION BUILDING .............................................................................. 29
7.BBB. APPROVAL OF BID AWARD FOR IRC BID #2006075 CRYSTAL SANDS
SUBDIVISION WATER ASSESSMENT PROJECT ................................................... 30
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE ........ 30
9. PUBLIC ITEMS ............................................................................................................... 30
9.A. PUBLIC HEARINGS ............................................................................................... 30
9.A.1. JDC FLORIDA INC.’S REQUEST TO REZONE 7.68 ACRES FROM RS-6
TO RM-6 (QUASI-JUDICIAL) ......................................................................... 30
9.A.2. PROPOSED SETTLEMENT OF LAWSUIT, TREVISO, LLC V. INDIAN
RIVER COUNTY, PUBLIC HEARING ON REQUEST FOR REZONING
APPROVAL (QUASI-JUDICIAL) .................................................................... 33
AUGUST 22, 2006 6
9.A.3. VALUE CONCEPTS, INC.’S REQUEST FOR SPECIAL EXCEPTION
USE APPROVAL TO CONSTRUCT A WIRELESS COMMUNICATIONS
TOWER (QUASI-JUDICIAL) ........................................................................... 36
9.A.4. CONSIDERATION OF PROPOSED AMENDMENT TO THE
SUBDIVISION CONSTRUCTION AND MAINTENANCE SECURITY
REGULATIONS OF LDR SECTION 913.10 (LEGISLATIVE) ........................ 38
9.A.5. CONSIDERATION OF PROPOSED AMENDMENT TO THE SMALL
LOT SUBDIVISION REGULATIONS OF LDR SECTION 971.41(9)
(LEGISLATIVE) ............................................................................................... 40
9.A.6. CONSIDERATION OF AMENDMENT TO THE RIGHT-OF-WAY
REQUIREMENTS OF LDR SECTION 952.08 (LEGISLATIVE) ..................... 43
9.B. PUBLIC DISCUSSION ITEMS ................................................................................ 44
TH
9.B.1. REQUEST TO SPEAK FROM JOE T. WIGGINS REGARDING THE 11
STREET SW PAVING PROJECT ..................................................................... 44
9.B.2. REQUEST TO SPEAK FROM EUGENE PERNA REGARDING CODES,
CODE ENFORCEMENT AND THE ENFORCEMENT OF CODES ................ 45
9.B.3. REQUEST TO SPEAK FROM CHERRISE LIVINGSTONE REGARDING
IRC RESIDENTS PAYING CITY OF VERO BEACH UTILITIES .................. 45
9.C. PUBLIC NOTICE ITEMS - NONE .......................................................................... 46
10. COUNTY ADMINISTRATOR’S MATTERS - NONE .................................................... 46
11. DEPARTMENTAL MATTERS ....................................................................................... 47
11.A. Community Development ......................................................................................... 47
11.A.1. REQUEST FOR APPROVAL OF A RESOLUTION ENDORSING
ABILITIES RESOURCE CENTER (ARC) OF INDIAN RIVER COUNTY AS A
SPONSORING AGENCY UNDER THE FLORIDA ENTERPRISE ZONE
COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM ......................... 47
AUGUST 22, 2006 7
11.A.2. CONSIDERATION OF RESOLUTION ACKNOWLEDGING TERMS OF
ADVANCED CONSTRUCTION AGREEMENT FOR SR 60 ........................... 48
11.B. Emergency Services - NONE .................................................................................... 50
11.C. General Services - NONE ........................................................................................ 50
11.D.Human Resources - NONE ....................................................................................... 50
11.E. Human Services - NONE .......................................................................................... 50
11.F. Leisure Services - NONE ......................................................................................... 50
11.G. Office of Management and Budget - NONE .............................................................. 50
11.H.Recreation - NONE .................................................................................................. 50
11.I. Public Works ........................................................................................................... 50
THTH
11.I.1. PROPERTY ACQUISITION, 5165 66 AVENUE – 66 AVENUE
WIDENING AND IMPROVEMENTS COUNTY PROJECT NO. 0417, DAVID
ROBERT GEARY, OWNER ............................................................................. 50
11.J. UTILITIES SERVICES ............................................................................................. 51
11.J.1. APPROVAL OF ADDITIONAL UTILITY CONFLICTS RESOLUTION
BY UTILITIES DEPARTMENT LABOR CONTRACTOR FOR PUBLIC
WORKS DEPARTMENT BID NO. 2006-065, PROJECT NO. 9611 & 0001, CR
510 AND CR 512 PHASE III IMPROVEMENTS ............................................. 51
12. COUNTY ATTORNEY ................................................................................................... 52
12.A. TERMINATION OF COUNCIL OF PUBLIC OFFICIALS ....................................... 52
13. COMMISSIONERS ITEMS ............................................................................................. 52
13.A. Commissioner Arthur R. Neuberger, Chairman........................................................ 52
AUGUST 22, 2006 8
13.A.1. JOINT MEETING WITH BREVARD COUNTY BOARD OF COUNTY
COMMISSIONERS ........................................................................................... 52
13.A.2. INDIAN RIVER COUNTY SEAL FOR CLERK TO THE BOARD ....... 53
13.B. Commissioner Gary C. Wheeler, Vice Chairman – NONE ....................................... 54
13.C. Commissioner Sandra L. Bowden - NONE ............................................................... 54
13.D. Commissioner Wesley S. Davis ................................................................................ 54
13.E. Commissioner Thomas S. Lowther ........................................................................... 54
14. SPECIAL DISTRICTS AND BOARDS ........................................................................... 55
14.A. Emergency Services District .................................................................................... 55
14.A.1. APPROVAL OF MINUTES .................................................................... 55
A. MEETING OF JULY 18, 2006 ...................................................................... 55
14.A.2. APPROVAL OF FEDERALLY FUNDED SUBGRANT AGREEMENT
NO. 07HM-4A-10-40-01-003, WIND RETROFIT FOR EMERGENCY
SERVICES STATION NO. 11, VERO BEACH, FLORIDA.............................. 55
14.A.3. APPROVAL TO PURCHASE ONE REPLACEMENT FIRE TRUCK
FROM PIERCE MANUFACTURING, INC. ..................................................... 56
14.B. Solid Waste Disposal District - none ........................................................................ 56
14.C. Environmental Control Board .................................................................................. 56
14.C.1. APPROVAL OF MINUTES .................................................................... 56
1. MEETING OF APRIL 4, 2006 ...................................................................... 56
2. MEETING OF MAY 2, 2006 ........................................................................ 56
14.C.2. REPORT OF ACTIVITIES DURING SECOND QUARTER (APRIL –
JUNE, 2006) ...................................................................................................... 56
14.C.3. RELEASE OF LIEN – LUZ ALMANZA, ENVIRONMENTAL
CONTROL HEARING BOARD CASES NO. 246-96 AND 319-01 .................. 56
AUGUST 22, 2006 9
15. ADJOURNMENT ............................................................................................................ 57
AUGUST 22, 2006 10
August 22, 2006
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular Session at
th
the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday, August 22, 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 Clerk Athena Adams.
1. CALL TO ORDER
Chairman Neuberger called the meeting to order at 9:00 a.m.
2. INVOCATION
Pastor Roger Ball, Dr. Mark Richardson, Immanuel Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Bowden led the Pledge of Allegiance to the Flag.
AUGUST 22, 2006 1
4. ADDITIONS/DELETIONS TO THE AGENDA/
EMERGENCY ITEMS
Chairman Neuberger requested the following changes to today’s Agenda:
1.Additional Backup, Item 7.CC
2.Defer Item 7.NN to September 5, 2006 and place it under Solid Waste Disposal
District.
3.Additional Backup – Item 9.A.1 – Letter dated August 18, 2006 from Kristen Scott
(Quasi-Judicial)
4.Additional Backup, Item 9.A.3, Letter dated June 23, 2006 from Robert “Bob” Cook,
Jr. (Quasi-Judicial)
5.Defer Item 9.B.2 to a future date
6.Commissioner Lowther asked to move Item 11.A. 1 to Item 8, before the public
hearings at 9.A.1.
7.Additional Backup, Item 13.A.2, Samples of Seals from other Counties
8.Commissioner Lowther added “Florida Ridge house” under Commissioner’s
comments.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously made the above
changes to the Agenda.
AUGUST 22, 2006 2
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION TO INDIAN RIVER
COUNTY BOARD OF COUNTY COMMISSIONERS BY
REPRESENTATIVE STAN MAYFIELD, FLORIDA HOUSE OF
REPRESENTATIVES, DISTRICT 80
Kevin Sweeny, Aide to Representative Mayfield, who was slated to make the presentation, was
not in attendance.
5.B. PRESENTATIONS BY LARRY WAPNICK, PRESIDENT,
VETERANS COUNCIL OF INDIAN RIVER COUNTY
1. PIRCSR
LAQUE TO NDIAN IVER OUNTY HOOTING ANGE
Larry Wapnick,
on behalf of the Veteran’s Council, read and presented a Plaque to Holden
Kriss, Range Master, in appreciation of the Range Master’s and staff’s service and assistance to the
Council at its recent fund raising event, the Veteran’s Council Shoot-out.
Holden Kriss
appreciated the award and thanked the Veteran’s Council for the recognition.
2. C’CMC.L
OMMISSIONERS UP TO ARINE ORP EAGUE
Larry Wapnick
, President of the Veteran’s Council in Indian River County, presented the
Trophy to the Marine Corp. League, winners of the Indian River County Commissioner’s Cup.
AUGUST 22, 2006 3
Members of the local Marine Corp League thanked Mr. Wapnick for the trophy, saying it was an
honor for them to participate in the event.
5.C. PRESENTATION BY JANE R. COYLE, CHAIR, THE
MENTAL HEALTH COLLABORATIVE OF INDIAN RIVER COUNTY
Jane Coyle
, Chair of the Collaborative, presented the First Annual Report to the Board of
County Commissioners. She gave recognition to other members in attendance – Captain Bill McMullen
of the Sheriff’s Department and Michael Kint of United Way, members of the Executive Committee of
the Collaborative. Also with her was Collaborative Administrator Suchy Yerneni. Through a
PowerPoint presentation she gave a synopsis of the initiative, concept, and vision of the Mental Health
Collaborative.
Board members acknowledged that the Collaborative does outstanding work.
A COPY OF THE POWERPOINT PRESENTATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
5.D. RECOGNITION OF GOOD SAMARITAN – A LETTER
FROM THE DIRECTOR
Cindy Corrente
, Assistant Director of Utilities, recapped the story of lost money that was found
and returned eventually to its owner Noemi Oseguera. She thanked Cynthia Aversa, Audrey Arseneau,
and Heather Lloyd for their acts of kindness.
AUGUST 22, 2006 4
5.E. PRESENTATION BY BARBARA HOFFMAN, CHAIRMAN
VERO BEACH BOOK FESTIVAL
Barbara Hoffman,
Chairman of the 2006 Vero Beach Book Festival informed of the upcoming
Book Festival to be held on November 10 - 11, 2006 at the Vero Beach Performing Arts Center. She
invited everyone to attend, especially for the panel discussion on “Balancing Land Use and
Preservation”, on Saturday November 11, 2006 at 2:00 p.m. Reservations may be made at their website
verobeachbookfest.com or by telephone 772-569-6718.
6. APPROVAL OF MINUTES
6.A. MEETING OF JULY 11, 2006
The Chairman asked if there were any corrections or additions to the
Minutes. There were none.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Wheeler, the Board unanimously approved the
Minutes of the Regular Meeting of July 11, 2006, as written and
distributed.
6.B. MEETING OF JULY 12, 2006 – BUDGET WORKSHOP
The Chairman asked if there were any corrections or additions to the
Minutes. There were none.
AUGUST 22, 2006 5
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Budget Workshop of July 12, 2006, as written and
distributed.
6.C. MEETING OF JULY 18, 2006
The Chairman asked if there were any corrections or additions to the
Minutes. There were none.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved the
Minutes of the Regular Meeting of July 18, 2006, as written and
distributed.
6.D. MEETING OF JULY 21, 2006 – SPECIAL CALL MEETING
The Chairman asked if there were any corrections or additions to the
Minutes. There were none.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved the
Minutes of the Special Call Meeting of July 21, 2006, as written
and distributed.
AUGUST 22, 2006 6
7.CONSENT AGENDA
The Chairman requested that Item 7.NN be pulled and deferred to September 5, 2006 SWDD
meeting.
Commissioner Bowden asked that Items 7.Z and 7.BB be pulled for discussion.
7.A. REPORTS PLACED ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD:
1. REPORTOFCONVICTIONSMONTHOFJUNE2006
2. ST.JOHNSRIVERWATERMANAGEMENTDISTRICT–
TENTATIVEBUDGETFORFY2006-2007(CDFORMAT)
3. SEBASTIANINLETDISTRICTCOMMISSION–ANNUAL
FINANCIALREPORTFY2004-2005
No action required or taken.
7.B. QUARTERLY INVESTMENT REPORT
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Quarterly Investment Report for the quarter starting April 1, 2006
AUGUST 22, 2006 7
and ending June 30, 2006, as requested in the memorandum of
July 31, 2006.
7.C. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT,
INDIAN RIVER COUNTY TRAFFIC EDUCATION PROGRAM TRUST
FUND
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously accepted the Report
of the Indian River County Traffic Education Program Trust Fund
from the inception of the $3 fee (October 1, 2002) through July 31,
2006, as recommended in the memorandum of August 9, 2006.
7.D. APPROVAL OF WARRANTS JULY 7-13, 2006
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the list of
warrants issued by the Clerk to the Board for the time period of
July 7 - 13, 2006, as recommended in the memorandum of July
13, 2006.
7.E. APPROVAL OF WARRANTS JULY 14-20, 2006
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the list of
warrants issued by the Clerk to the Board for the time period of
AUGUST 22, 2006 8
July 14 - 20, 2006, as recommended in the memorandum of July
20, 2006.
7.F. APPROVAL OF WARRANTS JULY 21-27, 2006
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the list of
warrants issued by the Clerk to the Board for the time period of
July 21 – 27, 2006, as recommended in the memorandum of July
27, 2006.
7.G. APPROVAL OF WARRANTS JULY 28-AUGUST 3, 2006
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the list of
warrants issued by the Clerk to the Board for the time period of
July 28, 2006 to August 3, 2006, as recommended in the
memorandum of August 3, 2006.
7.H. APPROVAL OF WARRANTS AUGUST 4-10, 2006
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the list of
warrants issued by the Clerk to the Board for the time period of
AUGUST 22, 2006 9
August 4 – 10, 2006, as recommended in the memorandum of
August 10, 2006.
7.I. TOWN OF ORCHID ALTERNATES TO COUNTY
COMMITTEES
The Board of County Commissioner acknowledged the listing from the Town of Orchid of its
alternates for Indian River County Committees. They are as follow:
Alternate
Beach & Shore Preservation Advisory Committee - Rob Tench
COPA - Mayor Suzanne Joyce
ESD Advisory Committee - Town Manager Maria Aguilar
LAAC - Vice Mayor Suzanne Joyce
MPO - Councilmember Bud Oatway
MPO Bicycle/Pedestrian Advisory Committee - Town Manager Maria Aguilar
MPO TAC - Town Clerk Deb Branwell
North Barrier Island Ongoing Review Committee - Councilmember Warren Crandall
7.J. RESIGNATION FROM CODE ENFORCEMENT BOARD
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously accepted the
resignation of Mr. Louis C. Schacht from the Code Enforcement
Board as the Businessman Appointee, effective August 28, 2006,
as recommended in the memorandum of August 14, 2006.
AUGUST 22, 2006 10
7.K. RESIGNATION FROM THE BEACH AND SHORE
PRESERVATION ADVISORY COMMITTEE
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously accepted the
resignation of Fred Dillon from the Beach and Shore Preservation
Advisory Committee as a Board of County Commission
Appointee, as stated in the memorandum of August 2, 2006.
7.L. APPOINTMENT TO THE BEACH AND SHORE
PRESERVATION ADVISORY COMMITTEE
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
appointment of Cheryl I. Gerstner as a Board of County
Commission Appointee to the Beach and Shore Preservation
Advisory Committee, replacing Fred Dillon, as recommended in
the memorandum of August 2, 2006.
AUGUST 22, 2006 11
7.M. APPOINTMENT METROPOLITAN PLANNING
ORGANIZATION CITIZENS ADVISORY COMMITTEE (MPOCAC)
The Board noted the appointment of Mr. Donald Wright by the City of Sebastian as its
representative on the MPOCAC, replacing Herbert Munsart.
7.N. OUT OF COUNTY TRAVEL FOR COMMISSIONERS AND
STAFF TO ATTEND THE 2006 FLORIDA ETHICS CONFERENCE
AND ATTORNEY GENERAL’S SUNSHINE SUMMIT
ON MOTION by Commissioner Bowen, SECONDED by
Commissioner Davis, the Board unanimously approved
out-of-county travel for all Commissioners and County Officers,
to attend the 2006 Florida Ethics Conference and Attorney
General’s Sunshine Summit on September 20-22, 2006 at the
Grand Hyatt, Tampa Bay, as recommended in the memorandum
of August 3, 2006.
AUGUST 22, 2006 12
TH
7.O. OUT OF COUNTY TRAVEL TO ATTEND THE 50
ANNUAL CONFERENCE OF THE FLORIDA SHORE & BEACH
PRESERVATION ASSOCIATION
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
th
out-of-county travel for Commissioners and staff to attend the 50
Annual Conference of the Florida Shore and Beach Preservation
Association, September 13-15, 2006 at the Marriott Harbor Beach
Resort and Spa in Fort Lauderdale, as recommended in the
memorandum of August 7, 2006.
ST
7.P. OUT OF COUNTY TRAVEL – THE 31 ANNUAL
CONFERENCE ON WATER MANAGEMENT
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
st
out-of-county travel for Commissioners and staff to attend the 31
Annual Conference on Water Management, September 6-8, 2006
at the Innisbrook Resort in Tarpon Springs, as recommended in
the memorandum of August 7, 2006.
AUGUST 22, 2006 13
7.Q. RETIREMENT AWARD AND PROCLAMATION TO HARRY
GILBERT FOR ELEVEN YEARS OF SERVICE DATED JULY 31, 2006
The Board acknowledged the Proclamation for the record.
7.R. RETIREMENT AWARD AND PROCLAMATION TO
ROBERT MACGRAW FOR TWELVE YEARS OF SERVICE DATED
JULY 31, 2006
The Board acknowledged the Proclamation for the record.
7.S. RETIREMENT AWARD AND PROCLAMATION TO
RICHARD WAGNER FOR THIRTEEN YEARS OF SERVICE DATED
JULY 31, 2006
The Board acknowledged the Proclamation for the record.
7.T. RETIREMENT AWARD AND PROCLAMATION TO SCOTT
HARRINGTON FOR THIRTY-THREE YEARS OF SERVICE DATED
AUGUST 31, 2006
The Board acknowledged the Proclamation for the record.
AUGUST 22, 2006 14
7.U. APPROVAL OF RENEWAL FOR A CLASS E1
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR
THE PLACE AT VERO BEACH, INC. TO PROVIDE NON-EMERGENCY
WHEELCHAIR SERVICES
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved renewal
of the Class E1 Certificate of Public Convenience and Necessity
for the Place at Vero Beach, Inc., to be effective for a period of
two years from August 10, 2006 to August 10, 2008, as
recommended in the memorandum of July 17, 2006.
COPY OF CERTIFICATE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
RD
7.V. 43 AVE SUB COMPLEX – CHANGE ORDER #5
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved Change
Order # 5 to Chilberg Construction, Inc., and authorized the
County Administrator to execute same, as recommended in the
memorandum of July 24, 2006.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
AUGUST 22, 2006 15
7.W. VETERANS COUNCIL REIMBURSEMENT REQUEST
PURCHASE OF VAN
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
reimbursement to the Veterans Council in the amount of
$6,184.13, as recommended in the memorandum of July 31, 2006.
7.X. AFFIDAVIT OF PUBLICATION WITH NOTICE OF
UNCLAIMED MONEYS
The Board noted, for the record, the Affidavit of Publication with Notice of Unclaimed Moneys.
7.Y. PERMISSION TO ADVERTISE FOR ORDINANCE
AMENDING THE DEFINITION OF ALLOWABLE WATER
ACTIVITIES IN A PARK OR RECREATION AREA
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously authorized staff to
proceed with the required advertisement for a public hearing to be
held on September 5, 2006, at 9:00 a.m., or as soon thereafter as
the matter may be heard, to amend Section 205.03(21) of the Code
of Indian River County, as requested in the memorandum of
August 14, 2006.
AUGUST 22, 2006 16
7.Z. PERMISSION TO ADVERTISE FOR ORDINANCE
AMENDING SECTION 305.09 OF THE CODE TO INCREASE THE
FINE UNDER THE DORI SLOSBERG DRIVER EDUCATION SAFETY
ACT
Commissioner Bowden understood that this is to increase traffic ticket fine by $2.00 and wanted
to know, for information only, how many traffic tickets are issued in the community; and, whether it was
just for the County or municipalities and County.
County Attorney Collins explained that it is a statewide law. He briefly described the origin of
the law, which resulted from the death of Representative Slosberg’s daughter in a traffic accident. The
Bill was passed to assess fines on traffic infractions that would go into a fund for safe driver education.
He also explained how funds are collected and used. He requested permission to advertise for the
ordinance.
Budget Director Jason Brown provided further clarification on the use of funds. He offered to
provide a breakdown of tickets issued in the County and in the municipalities.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Lowther, the Board unanimously authorized staff
to proceed with the required advertisement for a public hearing to
be held on September 5, 2006, at 9:00 a.m., or as soon thereafter as
the matter may be heard, to amend Section 305.09 of the Code of
Indian River County, as requested in the memorandum of August
14, 2006.
7.AA. APPROVAL OF CONSTRUCTION GRANT AGREEMENT
AUGUST 22, 2006 17
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously authorized the
Chairman to sign the Public Library Construction Grant
Agreement and return it to the Library Services Director to be
forwarded to the appropriate State Library staff, as recommended
in the memorandum of July 24, 2006.
GRANT AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.BB. RESOLUTIONS REQUESTED BY THE BOARD
Commissioner Bowden acknowledged that it was a good Resolution for Rockridge Property
Owners’ Association. She requested that Rockridge be listed as a copy recipient, as a courtesy to them.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2006-110 in support of the Rockridge Property
Owners Association.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2006-111 in support of a Federal Marriage
Amendment to the United States Constitution.
7.CC. RATIFICATION OF DOCUMENTS EXECUTED BY
COUNTY ADMINISTRATOR OR DESIGNEE, ON BEHALF OF THE
BOARD OF COUNTY COMMISSIONERS, UNDER AUTHORITY OF
AUGUST 22, 2006 18
RESOLUTION NO. 2006-089, BETWEEN JULY 18TH AND AUGUST 16,
2006
Submitted for information only. No Board action required or taken.
7.DD. POINT-O-WOODS SUBDIVISION WATER ASSESSMENT
PROJECT APPROVAL OF FINAL PAYMENT TO CONTRACTOR AND
RELEASE OF RETAINAGE
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the total
project cost of $49,350.00 and approved Application for Payment
No. 2 – Final as final payment to the Contractor, Underground
Utilities, Inc., in the amount of $9,084.90, as recommended in the
memorandum of July 11, 2006.
7.EE. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR
DISPOSAL
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously declared the items
on the Excess Equipment List as surplus and authorized its sale
and/or proper disposal; and, granted the authority to have the
surplus equipment delivered to the Indian River County
Fairgrounds where it will be sold at public auction on September
AUGUST 22, 2006 19
9, 2006, as recommended in the memorandum of August 15,
2006.
7.FF. APPROVAL OF BID AWARD FOR IRC BID #2006078
VIBRATORY COMPACTOR – UTILITIES DEPARTMENT
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the award
of Bid # 2006078 to NationsRent, USA, Inc., 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 July 31, 2006.
7.GG. APPROVAL OF BID AWARD FOR IRC BID #2006077
WHEEL LOADER – UTILITIES DEPARTMENT
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved that the
Bid be awarded to Smith Bros. Contracting Equipment, Inc., in the
amount of $38,500.00 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 July 31,
2006.
AUGUST 22, 2006 20
7.HH. APPROVAL OF FEMA HAZARDOUS MITIGATION
GRANT PROGRAM GRANT FOR THE ROCKRIDGE SUBDIVISION
SURGE PROTECTION PROJECT
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
subgrant Agreement in the amount of $275,048.00 with the State
of Florida, Division of Emergency Management (DEM), and
authorized the Chairman to execute same, as recommended in the
memorandum of August 15, 2006.
COPY OF GRANT AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.II. APPROVAL OF FLORIDA LEGISLATIVE PROJECT
GRANT AGREEMENT FOR EGRET MARSH REGIONAL
STORMWATER PARK
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the Grant
Agreement in the amount of $2,000,000.00 and authorized the
Chairman to execute same on behalf of the County, as
recommended in the memorandum of July 28, 2006.
COPY OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
AUGUST 22, 2006 21
7.JJ. CHANGE TO PURCHASING CARD POLICY SINGLE
PURCHASE LIMITS
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Purchasing Card Policy with a single purchase limit of $1,500 up
from $500.00, as recommended in the memorandum of August
14, 2006.
7.KK. APPROVAL OF BID AWARD FOR IRC BID #2006090
ANNUAL BID FOR INSTRUMENT CONTROL TECH FOR TWO
WATER TREATMENT PLANTS (RE-BID) UTILITIES DEPARTMENT,
WASTEWATER TREATMENT DIVISION
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved that the
Bid be awarded to Control Systems Design, Inc., 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 August 9, 2006.
AUGUST 22, 2006 22
7.LL. CITRUS BEST MANAGEMENT PRACTICES COST SHARE
CONTRACTS
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the list of
projects submitted by the Indian River Soil and Water
Conservation District (IRSWCD) entitled Applicant Score
Summary; authorized the Chairman to execute the documents;
and, authorized the Chairman to execute the individual contracts
with growers as approved on the applicant score sheet as reviewed
and approved by the County Attorney prior to execution by the
Chairman, as recommended in the memorandum of August 14,
2006.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.MM. APPROVAL OF ANNUAL BID AWARD EXTENSION
FOR IRC BID #2006031 ANNUAL BID FOR POLYMER – UTILITIES
DEPARTMENT, WASTEWATER TREATMENT DIVISION
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously authorized the
extension of Bid #2006031, with Polydyne, Inc., for the remaining
two (2), one (1) year extensions, at the per gallon price of $8.772,
as recommended in the memorandum of August 9, 2006.
AUGUST 22, 2006 23
7.NN. APPROVAL OF BID AWARD FOR IRC BID #2006089 40
CUBIC YARD ROLL OFF CONTAINERS – UTILITIES DEPARTMENT,
SOLID WASTE DISPOSAL DISTRICT
Item pulled and deferred to September 5, 2006 Solid Waste Disposal District
meeting.
7.OO. PETER SUTHERLAND REQUEST FOR PARTIAL RELEASE
TH
OF EASEMENT AT 2335 13 ST SW (OSLO PARK SUB UNIT 6)
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2006-112 releasing a portion of an easement on Lot 1,
Block A, Oslo Park Subdivision Unit 6.
7.PP. REQUEST FOR BOARD APPROVAL OF A COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) HOUSING
REHABILITATION BID
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously awarded the
th
housing rehabilitation Bid for the Johnnie Ross (4171 28
Avenue) residence to Martell Construction in the total amount of
$74,151.00, as recommended in the memorandum of August 14,
2006.
AUGUST 22, 2006 24
7.QQ. WESTFIELD OF VERO DEVELOPMENT COMPANY’S
REQUEST FOR FINAL PLAT APPROVAL FOR A SUBDIVISION TO BE
KNOWN AS WESTFIELD
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously granted final plat
approval for Westfield Subdivision with recordation of the mylar
only after the letters of credit have been received, reviewed,
approved and validated by the County Attorney’s and the
contracts have been executed by the County Administrator, as
recommended in the memorandum of August 3, 2006.
7.RR. ADOPTION OF NATIONAL INCIDENT MANAGEMENT
SYSTEM
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2006-113 adopting the National Incident Management
System (NIMS).
7.SS. ADDENDUM TO: WORK ORDER NO. 6, CARTER
ASSOCIATES, INC. FOR: IRC HOBART PARK MAINTENANCE
COMPLEX PROJECT NO. 0623
AUGUST 22, 2006 25
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Addendum to Work Order No. 6, authorizing additional
professional survey services as outlined in the Scope of Services,
and authorized the Chairman to execute the Addendum, as
recommended in the memorandum for the August 22, 2006
Agenda.
ADDENDUM IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.TT. CR 512, PHASE III, CR 510 – PROJECT #9611 & 0001 BID
NUMBER 2006065 CHANGE ORDER #3
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved Change
Order #3 decreasing the contract amount by $121,468.00, as
recommended in the memorandum of August 14, 2006. The new
contract amount will now be $13,406,823.38.
AUGUST 22, 2006 26
7.UU. SEASONS, P.D. EXTENSION TO COMPLETE REMAINING
SIDEWALKS
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the Third
Modification to Contract for Construction of Required
Improvements No. PD-01-08-18-CFC and authorized the
Chairman to execute same, as recommended in the memorandum
of August 15, 2006.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.VV. WORK ORDER #4 APPLIED TECHNOLOGY AND
MANAGEMENT INC. MITIGATION REEF BIOLOGICAL
MONITORING
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved Work
Order #4 to the contract with Applied Technology and
Management Inc., and authorized the Chairman to execute same,
as recommended in the memorandum of August 1, 2006.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
AUGUST 22, 2006 27
7.WW. PROFESSIONAL ENGINEERING SERVICES
AGREEMENT, CR 512 CORRIDOR IMPROVEMENTS – IRC PROJECT
NO. 9611 ADDENDUM NO. 11 (MASTELLER & MOLER, INC.)
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Addendum No. 11 to the Professional Services Agreement entered
into with Masteller & Moler, Inc. for design services for four-lane
widening of CR 512 from I-95 to Roseland Road, to update and
revise the hourly estimate of a not-to-exceed amount of $70,000,
as recommended in the memorandum of August 10, 2006.
AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.XX. CHANGE ORDER NO. 1 WITH INDIAN RIVER
INDUSTRIAL CONTRACTORS INC. FOR ADDITIONAL WORK ON
THE CENTRAL PLANT EXPANSION UCP #2347
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved Change
Order No. 1 to Indian River Industrial Contractors, Inc., in the
amount of $23,523 for the various Change Orders, and authorized
the Chairman to execute same as presented and as recommended
in the memorandum of July 31, 2006.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
AUGUST 22, 2006 28
7.YY. MISCELLANEOUS BUDGET AMENDMENT 020
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2006-114 amending the fiscal year 2005-2006 Budget.
7.ZZ. APPOINTMENT ON THE CONSERVATION LANDS
ADVISORY COMMITTEE (CLAC)
The Board noted the appointment of Heather Stapleton by the Environmental Learning Center as
its representative on the Conservation Lands Advisory Committee, replacing Katrina Morrell.
7.AAA. ACCEPTANCE CHANGE ORDER NO. 15, FOR THE
NEW COUNTY ADMINISTRATION BUILDING
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved Change
Order No. 15 with Turner Construction and authorized the County
Administrator to execute same that will then result in a decrease to
the GMP of $345,782 and an increase to the Owner’s Contingency
in the amount of $20,948.00, as recommended in the
memorandum of August 16, 2006.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
AUGUST 22, 2006 29
7.BBB. APPROVAL OF BID AWARD FOR IRC BID #2006075
CRYSTAL SANDS SUBDIVISION WATER ASSESSMENT PROJECT
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously awarded the Bid to
Underground Utilities, Inc., 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 August
7, 2006.
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
Clerk’s Note: Item 11.A.1 was moved up and heard at this point.
9. PUBLIC ITEMS
9.A. PUBLIC HEARINGS
9.A.1. JDCFLORIDAINC.’SREQUESTTOREZONE7.68ACRES
FROMRS-6TORM-6(QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating, through a PowerPoint presentation, explained
the request for rezoning, to change the zoning from RS-6, residential single-family (up to 6 units per acre)
to RM-6, residential multi-family (up t 6 units per acre). He noted that staff did not do a concurrency test
AUGUST 22, 2006 30
because this proposal is exempt and that staff had applied the rules the way they are written. However,
tests will be conducted as the development review process goes along at site plan approval and at building
permit time, he said.
Commissioner Wheeler thought that approach was accurate. He wanted everyone to know that
the County looks at the traffic count when the plan comes in, and not just the rezoning. They also look at
compatibility with the neighborhoods more so than the traffic count. Director Keating concurred.
Director Keating concluded by asking the Board to approve staff’s and the Planning & Zoning
Commission’s recommendation.
The Chairman opened the public hearing.
Mr. Steve Moler
, Masteller & Moler, Inc., representing the applicant JDC Florida, Inc.,
supported Director Keating’s recommendation and invited questions from the Board. Mr. Moler
introduced Dennis Witherow and Chris Campione from JDC who were also in attendance.
Commissioner Bowden asked why JDC needed multi-family.
Mr. Moler
explained that the project site is small and for marketing purposes his client feels it
would be more consistent to have a uniform zoning and a uniform product across the site.
Claire Farrington
, resident of CasaBella, complained that when she purchased her home her
understanding was that the units would be single-family dwellings. It is now unfair to change to
multi-story, especially that they did not have a voice in it, she stated. She preferred single story structures
and requested to see the plans before development commences.
AUGUST 22, 2006 31
Director Keating, in response, assured her that this action would not have an effect immediately
adjacent to CasaBella. In regard to her request he offered to keep her informed as there was no
development plan currently; they were only contemplating changing the zoning.
Director Keating, in response to questions from the Board, was not sure when the RM-6 to the
west was rezoned but thought it was important to note that the RS-6 was a holdover from years back.
There were no additional speakers and the Chairman closed the public
hearing.
MOTION WAS MADE by Commissioner Davis, SECONDED
by Commissioner Lowther, to approve staff’s recommendation.
Commissioner Bowden questioned Director Keating on the comment he made that “…. once
Indian River Boulevard was extended …”. She felt it changes the dynamics of things and wanted to
know who changes them.
Director Keating agreed with the Chairman’s answer that, in essence, it would be people who do
not want to live next to a six-lane highway.
Discussion ensued regarding the history of Indian River Boulevard and it being noted for its
upscale homes. Commissioner Bowden wanted the record to reflect that this was the true conception of
many people.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board adopted Ordinance 2006-022
amending the Zoning Ordinance and the accompanying Zoning
Map for more or less 7.68 acres located at the northwest quadrant
AUGUST 22, 2006 32
st
of the intersection at 41 Street and Indian River Boulevard, from
RS-6, Single-Family Residential District (up to 6 units/ acre), to
RM-6, Multiple Family Residential District (up to 6 units / acre);
and providing codification, severability, and effective date.
9.A.2. PROPOSEDSETTLEMENTOFLAWSUIT,TREVISO,LLC
V.INDIANRIVERCOUNTY,PUBLICHEARINGON
REQUESTFORREZONINGAPPROVAL(QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
County Attorney Collins explained the history of the 19.48 acre piece of property at the
thth
northwest corner of 16 Street and 74 Avenue, and Treviso’s request to rezone from A-1, Agricultural,
to RM-8, multi-family residential, up to 8 units per acre. He recapped his memorandum of August 14,
2006 outlining the changes in the Application since the last public hearing. He recommended that the
Board conduct the public hearing and take testimony on the rezoning request. The Board should then
decide whether to grant the rezoning request and accept the deed restrictions.
The Chairman opened the public hearing.
Joseph Paladin
, Growth Task Force Chairman,asked that the matter be tabled to allow him time
to meet with the neighbors to update them and get their support.
th
David Brocksmith
, 7406 16 Manor, West Lake Estates, asked if there was any input from staff
on the type of intersection that is proposed. He urged the Board not to table but to keep the zoning RS-6.
AUGUST 22, 2006 33
th
Roscoe Niblack
, 7401 16 Manor, Westlake Estates, has been impacted tremendously with all
the work going on around him. He urged the Board to follow staff’s recommendation. Mr. Niblack read
th
a letter on behalf of his neighbor, Julie Stroh, 7400 16 Manor, who could not attend the hearing. Ms.
Stroh wrote that it was unfair to schedule hearings when they were not able to attend. She urged the
Board to deny the request, as it was unfair and an invasion of privacy for many.
Mr. Paladin
said that was the reason why he wanted to meet with residents to address their
concerns. He defended the quality and value of workforce housing, saying it was not something to be
ashamed of nor would it lower the value of property. He again asked the Board to table this to enable him
to talk with residents.
Commissioner Bowden and Mr. Paladin engaged in discussion regarding the difference between
workforce housing and low-income housing. The Board also discussed income levels and other
qualifications for affordable homes.
Commissioner Lowther would rather this item be tabled giving Mr. Paladin time to have
discussion with residents. Commissioner Bowden agreed that there needed to be discussion especially
with the matter of the lawsuit.
Larry Echelberger
of Westlake Estates commented on the similarity of what happened with the
multi-family units in Pointe West and how the residents were not informed of development plans.
David Ofstein
, CJM Communities, on behalf of Treviso, showed a model of the proposed
architecture and said they were only interested in providing top quality of which the community would be
proud. Their request to rezone is in name only with a cap in the deed restrictions of 7 units per acre with
30 of the units to be workforce housing. He requested that the Board table this item to the September 12,
AUGUST 22, 2006 34
2006 meeting so that they may have their landscape plans finalized with their Consultant (Kimley Horn)
and to give them time to meet with the neighbors as well.
Charles Siemon,
Attorney for Treviso sought to clarify the situation concerning the neighbors.
He encouraged the Board to table this item until a date certain.
Donna Keys,
Planning & Zoning Chairperson, questioned Director Keating regarding
conditions of resale, deed restrictions, and landscaping requirements.
Director Keating responded that conditions in the deed restriction would apply in the event of a
resale and if there were none, the County could not demand specific performance.
There were no additional speakers and the Chairman closed the
public hearing.
MOTION WAS MADE by Commissioner Lowther, SECONDED
by Commissioner Davis for discussion,
to table this item to a time certain.
Commissioner Wheeler thought it should be an afternoon meeting to necessitate neighbors’
attendance. He disagreed with the concept of changing densities.
Commissioner Davis supported the idea of developers meeting with surrounding property
owners to answer questions.
AUGUST 22, 2006 35
The Chairman CALLED THE QUESTION and the Motion
carried unanimously to table this item to September 12, 2006 at
6:00 p.m.
The Chairman called a break at 10:52 a.m., and reconvened the meeting at 11:03 a.m.
9.A.3. VALUECONCEPTS,INC.’SREQUESTFORSPECIAL
EXCEPTIONUSEAPPROVALTOCONSTRUCTA
WIRELESSCOMMUNICATIONSTOWER
(QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Community Development Director Stan Boling recapped his memorandum dated August 7,
2006. Through a slide presentation he outlined the vicinity/boundaries outside and surrounding the urban
service area and the parent parcel for the proposed tower. The Planning & Zoning Commission voted 6-0
to recommend that the Board approve the request with the three conditions as outlined in staff’s report.
Staff recommended approval with those conditions.
Commissioner Davis asked what was the radius for the antennae service.
Lannie Greene
Nextel’s introduced Engineer Juan Portillo who advised that the radius is
usually about 1 ½ to 2 miles and that was to accommodate the growing need for service.
Further discussion ensued regarding radius, and bars per mile.
AUGUST 22, 2006 36
The Chairman opened the public hearing.
th
Anita Tracy
, 27 Avenue, Bookkeeper and Secretary, St. John of the Cross Catholic Church,
represented Father Crowley who was on vacation. She complained that the map they got showed a
different location from that which is now proposed. They have property west of the location and, in the
future, intend to build a school. Father Crowley hoped that the tower would be far enough away to not
impact them. Father Crowley was upset that he did not have an opportunity to discuss this beforehand
and requested that decisions be postponed until he returns from vacation on September 1, 2006.
Director Boling pointed out the location of the tower in relation to the Church, which is about
1300 feet from the closest border. Chairman Neuberger saw no need to delay this. Commissioner
Bowden questioned whether there was some confusion about the location because she received a letter
saying residents did not want it moved.
Mr. Greene
explained that initially staff had recommended that the tower be moved to the
center of Father Crowley’s property and they were under the impression that the proposed location was
the best location for the church and for the residential units to the south.
Commissioner Lowther supported postponement until September 12, 2006. The Board discussed
the need to delay and Director Boling noted that notice was sent to the Diocese of Palm Beach as is
customary and not directly to St. John’s Church.
Bob Johnson
, Coral Wind Subdivision, supported the request to postpone a decision, as a
courtesy to Father Crowley.
Mr. Greene
said Nextel would not have a problem, but would like to speak with Father Crowley
as soon as possible as time was of the essence.
AUGUST 22, 2006 37
There were no additional speakers and the Chairman closed the
public hearing.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board unanimously agreed to
continue this item to the September 12, 2006 BCC regular
meeting.
9.A.4. CONSIDERATIONOFPROPOSEDAMENDMENTTOTHE
SUBDIVISIONCONSTRUCTIONANDMAINTENANCE
SECURITYREGULATIONSOFLDRSECTION913.10
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Community Development Director Stan Boling summarized the Land Development Regulations
amendment as outlined in his memorandum of August 15, 2006. He recommended that the Board adopt
the proposed LDR amendments to the subdivision ordinance, Section 913.10.
The Chairman opened the public hearing.
th
Mark Brackett
, 1915 34 Avenue, appreciated the opportunity to speak and was glad they were
addressing this matter. He commented on language that addresses a 2-year window to have the asphalt in
AUGUST 22, 2006 38
place following the Certificate of Completion, and also language, which says “… or 60 days prior to
turnover of the association to the members.” He felt they would have a problem on how to regulate this.
Attorney Collins corrected and explained the provisions/requirements to Mr. Brackett.
Mr. Brackett
suggested taking out the turnover because he did not think they could monitor it.
He also did not think it accomplished anything, and gave various reasons.
Mr. Brackett
agreed with Attorney Collins that it would be cleaner if “we just said within
2-years of the Certificate of Completion of the final lift.”
Discussion ensued regarding lift obligations and time limit to turnover. Attorney Collins
explained the increase of minimum lift thickness and the exercise of options.
Commissioner Davis wanted to leave the verbiage as is.
There were no additional speakers and the Chairman closed the
public hearing.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously adopted
Ordinance 2006-023 amending subdivision road pavement
standards of Section 913.09(3)(J)1 of the Indian River County
Code to require a minimum 1 ½” asphaltic surface; to allow an
option of a 1 ¼” first lift, with second lift of 1” of asphalt;
amending Section 913.10 to allow for final lifts of asphalt to be
secured so long as a minimum layer of asphalt has been laid prior
AUGUST 22, 2006 39
to receiving a certificate of completion; and to further amend the
language to eliminate any ambiguities from recent Code
amendments; amending Section 913.07(5)(B)17 to label
non-required amenities on land development permit drawings;
providing for codification; providing for severability and
providing for an effective date.
9.A.5. CONSIDERATIONOFPROPOSEDAMENDMENTTOTHE
SMALLLOTSUBDIVISIONREGULATIONSOFLDR
SECTION971.41(9)(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling, through a slide presentation, recapped his memo to the Board
dated August 15, 2006 requesting consideration of the proposed amendment to the Small Lot Subdivision
regulations of LDRs Section 971.41(9) to discuss strategies for addressing housing affordability in Indian
River County. He recommended that the Board adopt the proposed Ordinance. He outlined the
objectives, which are to reduce per unit development cost, adequate esthetic appearance, adequate
common space, adequate sidewalk provisions, and to ensure provision of affordable or “workforce”
housing. He also noted that if no ordinance is adopted it would do away with the moratorium.
In response to Commissioner Davis’ question regarding getting help from another entity (e.g.
SHIP) in the purchase of a home, Director Boling advised that they are setting a formula (in the
ordinance) that would come up with a cap on the sales price. There is no requirement that it be through a
subsidized program, he said.
AUGUST 22, 2006 40
Commissioner Davis liked what they are trying to do, the incentive approach vs a mandate. He
did not want this to be a handout and did not want to restrict anyone from living the American Dream. He
felt that if they do not allow some type of appreciation it will, in the future, create a slum.
Lengthy discussion ensued regarding a 3% appreciation cap, limiting property to affordable/
workforce housing, and problems that could go on for years if certain restrictions are not in place.
Mr. Joseph
To Commissioner Bowden’s question of what is the going rate per square footage,
Paladin
responded that it was perhaps $85.00 to $90.00 dollars a foot without the lot.
The Chairman opened the public hearing.
Mr. Paladin,
Developer,thought no one was really wrong but the original basis for doing this is
to keep small lot subdivisions out of the hands of big developers who could come in and try to circumvent
some of the County’s ordinances. He agreed with Commissioner Davis’ comments regarding slum
communities. He believed affordable housing would attract a better workforce and better clean
industries. He asked the Board to adopt the Ordinance.
Bob Johnson
, Coral Wind Subdivision, wanted to know where in the proposal were the
guidelines that reflected the buffering between existing subdivisions.
Director Boling provided the information and explained the different types of buffering
requirements that could be done and would not use a lot of lot depth.
AUGUST 22, 2006 41
Mr. JohnsonMr. Paladin
thought the buffering between subdivisions was sufficient and asked
him to explain. Mr. Johnson recalled that the ‘C’ buffering was abandoned and felt that on the existing
subdivision they ought to have the same buffering that exists now, which is ‘B’.
Further discussion continued on buffer width, and the cost of building houses.
Bea Gardner,
Vero Beach resident, supported the method the Board is using. She did not like
that the government could tell her what she could afford or have. She questioned why the Board could
not make the adjustments so the builders could build some smaller homes and let the future market take
care of itself. She commented on the 10-year restriction and the fact that people, on average, move every
7 years.
Jim Goldsmith
, Chairman of the Coalition for Attainable Homes, Inc., distributed
correspondence to the Board (copy on file in the office of the Clerk to the Board) and provided a brief
history of the Coalition. He felt that if we do not start preserving units today we are going to be talking
about it 10 years from now and wanted to see changes to the revised provisions on “income restrictions”.
Mr. Goldsmith expressed the Coalition’s willingness to take responsibility for maintenance and
monitoring.
Director Keating explained that staff has a lot of experience dealing with income qualifications
and that they partner with financial institutions on most of their loans and use different rules and
regulations from the banks.
Mr. Goldsmith
suggested making small lot subdivisions 100% affordable.
There were no additional speakers and the Chairman closed the
public hearing.
AUGUST 22, 2006 42
MOTION WAS MADE by Commissioner Wheeler, SECONDED
BY Commissioner Davis, to approve staff’s recommendation.
Commissioner Bowden asked staff to keep the Board updated. She requested a formal report in
six (6) months.
The Chairman CALLED THE QUESTION, the Motion carried
unanimously, adopting Ordinance 2006-024 concerning
amendments to Land Development Regulations (LDRs) for small
lot subdivisions establishing requirements for workforce or
affordable housing; providing findings; providing for
amendments to Chapter 971, Regulations for Specific Land Uses,
by amending residential uses Section 971.41(9), by providing for
repeal of conflicting provisions; codification; severability; and
effective date.
9.A.6. CONSIDERATIONOFAMENDMENTTOTHE
RIGHT-OF-WAYREQUIREMENTSOFLDRSECTION952.08
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Director Boling explained the proposed changes to the right-of-way requirements of the Land
Development Regulations (LDR). He reviewed his memorandum of August 15, 2006 by way of a slide
AUGUST 22, 2006 43
presentation. The Planning & Zoning Commission and County staff recommended that the Board adopt
the proposed ordinance.
Director Boling explained design criteria that could be used, in response to Commissioner
Wheeler’s question regarding roadway designs that use less right-of-way.
The Chairman opened the public hearing.
There were no speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Ordinance 2006-025 concerning amendments to Land
Development Regulations (LDRs); providing findings; providing
for amendments to Chapter 952, traffic, by amending right-of-way
requirements 952.08, by providing for repeal of conflicting
provisions; codification; severability; and effective date.
9.B. PUBLIC DISCUSSION ITEMS
9.B.1. REQUESTTOSPEAKFROMJOET.WIGGINS
TH
REGARDINGTHE11STREETSWPAVINGPROJECT
Mr. Wiggins was not in attendance. NO ACTION REQUIRED OR TAKEN.
AUGUST 22, 2006 44
9.B.2. REQUESTTOSPEAKFROMEUGENEPERNA
REGARDINGCODES,CODEENFORCEMENTANDTHE
ENFORCEMENTOFCODES
This item was removed from the Agenda pursuant to the request of Mr. Perna.
9.B.3. REQUESTTOSPEAKFROMCHERRISELIVINGSTONE
REGARDINGIRCRESIDENTSPAYINGCITYOFVERO
BEACHUTILITIES
Cherrise Livingstone
, 4117 Abington Woods Circle, expressed displeasure at having to pay
City of Vero Beach utility charges when she is a County resident. She noted that there is a significant
difference in the kilowatt-hour charges, Vero Beach being higher than FPL. Ms. Livingstone wanted to
know why she was being charged so much and where all the money was going.
Chairman Neuberger informed Ms. Livingston that Vero Beach gets the money.
Discussion ensued and County Administrator Baird noted that the Board does not have authority
to take action in this matter. However, Ms. Livingstone could contact State Legislators to have the
boundaries re-drawn or change laws that could. He explained the charges in detail and again noted that
the County had no authority to take action. He offered to provide contact information for the relevant
government bodies.
MOTION WAS MADE by Commissioner Wheeler, SECONDED
by Chairman Neuberger, to give our legal staff direction to bring
back a resolution defining the problem and asking the State
AUGUST 22, 2006 45
Legislature to look into this, with the Public Service Commission,
and see what can or could be done.
Discussion ensued regarding franchise and possible changes, and City of Vero Beach getting its
rates in line with FP&L.
Administrator Baird estimated that about $8.6 million from unincorporated residents in the
County goes into the City’s General Fund to reduce taxes. As far as ad-valorem taxes Vero Beach only
generates about $5 ½ million from its own residents.
Commissioner Wheeler AMENDED HIS MOTION,
SECONDED by Chairman Neuberger, to give the legal staff and
County Administrator direction to work together and come back
with options to help solve this problem.
The Chairman CALLED THE QUESTION and the Motion, as
amended, carried unanimously.
The Chairman called a break at 12:55 p.m., and reconvened the meeting at 1:05 pm.
9.C. PUBLIC NOTICE ITEMS - NONE
10. COUNTY ADMINISTRATOR’S MATTERS - NONE
AUGUST 22, 2006 46
11. DEPARTMENTAL MATTERS
11.A. COMMUNITY DEVELOPMENT
11.A.1. REQUESTFORAPPROVALOFARESOLUTION
ENDORSINGABILITIESRESOURCECENTER(ARC)OF
INDIANRIVERCOUNTYASASPONSORINGAGENCY
UNDERTHEFLORIDAENTERPRISEZONECOMMUNITY
CONTRIBUTIONTAXCREDITPROGRAM
(Clerk’s Note: This item was moved ahead and heard before item 9.A.1)
Community Development Director Bob Keating reviewed his memorandum of August 8, 2006
stating that this was a request for the Board to approve a Resolution endorsing the Abilities Resource
Center of Indian River County. This request came from the Enterprise Zone Development Agency and it
gives ARC the opportunity to set up this facility within the Enterprise Zone and they then would become
a sponsoring Agency. He asked the Board to adopt the Resolution.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Bowden, the Board unanimously approved
Resolution 2006-115 endorsing Abilities Resource Center of
Indian River County as a sponsoring agency under the Florida
Enterprise Zone Community Contribution Tax Credit Program;
and finding that the Abilities Resource Center of Indian River
County Project is consistent with the Indian River County / City of
Vero Beach Enterprise Zone Strategic Plan and Indian River
County Comprehensive Plan.
AUGUST 22, 2006 47
Commissioner Lowther expressed appreciation to Helene Caseltine for the hard work of
bringing this forward.
Helene Caseltine
, Economic Development Director, Indian River County Chamber of
Commerce and Enterprise Zone Coordinator, explained the process of the program. She reiterated
Director Keating’s comments that the program allows non-profit agencies that serve the residents of the
Enterprise Zone to solicit tangible donations from companies throughout the State of Florida and not just
Indian River County. The “non-profit” gives them an edge, she said, in that, they could advise potential
donors of cash or equipment that they could take a credit worth 50% of the value of the donation and
apply that credit to their corporate tax bill for the State of Florida, their sales tax bill, or insurance
premium tax. She recognized Dr. Roger Baker, CEO of ARC, and Enterprise Zone Development Agency
Board Member Joseph Chiarella who were in attendance and supported the initiative as well.
Commissioner Davis commended ARC for making tremendous progress moving this forward.
He congratulated them for seizing that opportunity and the stride forward to keep The New Piper Aircraft
here.
11.A.2. CONSIDERATIONOFRESOLUTION
ACKNOWLEDGINGTERMSOFADVANCED
CONSTRUCTIONAGREEMENTFORSR60
MOTION WAS MADE by Commissioner Lowther, SECONDED
by Chairman Neuberger, to approve staff’s recommendation.
Commissioner Bowden wanted to know what was involved monetarily; how long before we get
it back; and, how much interest we would lose or not collect.
AUGUST 22, 2006 48
Director Keating responded explaining the segments on SR 60 that needed to be done. He also
provided an update of the process in working with the Department of Transportation. He recommended
that the Board consider the Resolution, make any necessary changes, and approve same.
It bothered Administrator Baird that the County will have to give $37,862,000 million in
th
advance (plus another $30 million) for the segment of roadway from SR 66 to 87 Street. With the
project costing $67 million it would present a hardship and would take away from our capital program, he
stated. He felt the County might need to have a lobbyist help find other sources for road improvements.
Commissioner Lowther agreed to lobby State Representatives especially for the fact that SR 60
is our only evacuation route. Commissioner Bowden thought that would be the perfect argument to
present to officials in Tallahassee.
Discussion ensued regarding problems that would be faced with evacuation on I-95 vs. SR 60,
increased traffic going west, commencement date for the project, expenditure of funds, and prioritizing of
projects.
Public Works Director Jim Davis thought the big issue was the cost of construction, and believed
more could be done to save money if we do not have the State design parameters.
The Chairman CALLED THE QUESTION and the Board by a
4-1 vote (Commissioner Bowden opposed) approved Resolution
2006-116 acknowledging terms of reimbursement for accelerated
construction of State Road 60.
AUGUST 22, 2006 49
11.B. EMERGENCY SERVICES - NONE
11.C. GENERAL SERVICES - NONE
11.D. HUMAN RESOURCES - NONE
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
THTH
11.I.1. PROPERTYACQUISITION,516566AVENUE–66
AVENUEWIDENINGANDIMPROVEMENTSCOUNTY
PROJECTNO.0417,DAVIDROBERTGEARY,OWNER
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved Option 1,
th
the $255,000.00 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
AUGUST 22, 2006 50
Estate and accompanying Lease, as recommended in the
memorandum of July 24, 2006.
11.J. UTILITIES SERVICES
11.J.1. APPROVALOFADDITIONALUTILITYCONFLICTS
RESOLUTIONBYUTILITIESDEPARTMENTLABOR
CONTRACTORFORPUBLICWORKSDEPARTMENTBID
NO.2006-065,PROJECTNO.9611&0001,CR510ANDCR512
PHASEIIIIMPROVEMENTS
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously approved the
project for a total amount of $634,714.77 ($503,062.16 +
$131,652.61) for labor and materials and authorized the Chairman
to execute Work Authorization No. 2005-030 in the amount of
$122,006.74 to The Danella Companies, Inc, as recommended in
the memorandum of August 2, 2006.
WORK AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
AUGUST 22, 2006 51
12. COUNTY ATTORNEY
12.A. TERMINATION OF COUNCIL OF PUBLIC OFFICIALS
County Attorney Collins reviewed his memorandum of August 9, 2006 and recommended that
the Board discuss the County’s possible termination of the Council of Public Officials (COPO).
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously authorized the
Chairman to sign a letter terminating its participation in the
Interlocal Agreement and instructed staff to distribute copies to all
other COPO members, as recommended in the memorandum of
August 9, 2006.
13. COMMISSIONERS ITEMS
13.A. COMMISSIONER ARTHUR R. NEUBERGER, CHAIRMAN
13.A.1. JOINTMEETINGWITHBREVARDCOUNTYBOARD
OFCOUNTYCOMMISSIONERS
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Bowden, the Board unanimously approved to meet
with the Brevard County Board of County Commissioners, on
Wednesday, October 25, 2006 at 1:30 p.m. at the Richardson
Center.
AUGUST 22, 2006 52
13.A.2. INDIANRIVERCOUNTYSEALFORCLERKTOTHE
BOARD
MOTION WAS MADE by Commissioner Davis, SECONDED
by Commissioner Lowther for discussion, to leave the Elk Seal in
place.
Commissioner Davis felt we should try to hold on to our history as much as we could.
Commissioner Lowther agreed and commented that in truth this could become one of those urban
legends that in the next 30/40 years Indian River County could be known as a “big elk county” and no one
would know its origin.
Chairman Neuberger liked Commissioner Bowden’s proposal for grapefruit
images.
The Chairman CALLED THE QUESTION and the Board voted
2-3 (Commissioners Neuberger, Wheeler and Bowden opposed)
to keep the Elk. MOTION FAILED.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board voted 4-1 (Commissioner
Davis opposed) to approve the use of grapefruit images for the
County’s new Seal. The County Attorney’s Office should prepare
an Ordinance to adopt the change.
AUGUST 22, 2006 53
13.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN –
NONE
13.C. COMMISSIONER SANDRA L. BOWDEN - NONE
13.D. COMMISSIONER WESLEY S. DAVIS
Commissioner Davis apprised the Board of a traffic situation at the Sebastian River High School
at CR 510 yesterday morning. The traffic build-up resulted from malfunctioning construction censors.
He also informed of the “wonderful community time” they had Friday night at the Sebastian
River High School pre-season football game with Vero Beach High School. He thought a
“Commissioner’s Cup” trophy would be appropriate for this affair.
Commissioner Lowther concurred that it was a night of great enthusiasm. Chairman Neuberger
liked the idea of a Commissioner’s Cup, which they could rotate from school to school.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Neuberger, the Board voted unanimously to create
a “Commissioner’s Cup” for the winners of the annual pre-season
football game between local high schools.
13.E. COMMISSIONER THOMAS S. LOWTHER
Commissioner Lowther commented that at the current time nothing had been done to the Florida
Ridge House. He thought maybe staff could contact the owners.
AUGUST 22, 2006 54
Attorney Collins had contacted them about six (6) weeks ago and they thought they would have
come into some money. He thought perhaps the Fire Department could burn it down as a fire exercise.
Emergency Services Director John King said they have used that type of structure for burning
but the Department of Environmental Protection (DEP) has banned them for environmental reasons.
Commissioner Lowther also reported on his and Administrator Baird’s visit to Tallahassee in
relation to the Acquisition Review Committee.
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. EMERGENCY SERVICES DISTRICT
14.A.1. APPROVALOFMINUTES
A. MEETINGOFJULY18,2006
14.A.2. APPROVALOFFEDERALLYFUNDEDSUBGRANT
AGREEMENTNO.07HM-4A-10-40-01-003,WINDRETROFIT
FOREMERGENCYSERVICESSTATIONNO.11,VERO
BEACH,FLORIDA
AUGUST 22, 2006 55
14.A.3. APPROVALTOPURCHASEONEREPLACEMENT
FIRETRUCKFROMPIERCEMANUFACTURING,INC.
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. SOLID WASTE DISPOSAL DISTRICT - NONE
14.C. ENVIRONMENTAL CONTROL BOARD
14.C.1. APPROVALOFMINUTES
1. MEETINGOFAPRIL4,2006
2. MEETINGOFMAY2,2006
14.C.2. REPORTOFACTIVITIESDURINGSECOND
QUARTER(APRIL–JUNE,2006)
14.C.3. RELEASEOFLIEN–LUZALMANZA,
ENVIRONMENTALCONTROLHEARINGBOARDCASES
NO.246-96AND319-01
AUGUST 22, 2006 56
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 1:36 p.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman
Minutes Approved: _________________
AUGUST 22, 2006 57