HomeMy WebLinkAbout08/23/2005 (3)
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF AUGUST 23 2005
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE...................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS ............................................................................................................ 2
5.PRESENTATION OF FLORIDA FESTIVAL AND EVENTS
ASSOCIATION RED BARON MEDIA AWARDS TO
PUBLIC/PRIVATE PARTNERSHIP TEAM OF POINTE WEST
AND THE INDIAN RIVER COUNTY RECREATION
DEPARTMENT FOR THE “SCREEN ON THE GREEN”
OUTDOOR MOVIE SERIES...................................................................... 3
6.APPROVAL OF MINUTES – AUGUST 2, 2005 ...................................... 3
7.CONSENT AGENDA ................................................................................... 3
1
AUGUST 23, 2005
7.A.R .......................................................................................................................4
EPORT
7.B.AW ...........................................................................................4
PPROVAL OF ARRANTS
7.C.RN.2005-125–EIRC
ESOLUTION O STABLISH NTENT TO EIMBURSE ERTAIN
CCC2004BR ....................4
APITAL OSTS IN ONNECTION WITH THE OND EFERENDUM
7.D.ACA’A–C
MENDMENT TO OUNTY DMINISTRATORS GREEMENT OMPENSATION
P .....................................................................................................................4
ACKAGE
7.E.C2005SHIP(SHIP)
ONSIDERATION OF TATE OUSING NITIATIVES ARTNERSHIP
PAR ......................................................................................5
ROGRAM NNUAL EPORTS
7.F.CH’RFPAS
ENTEX OMES EQUEST FOR INAL LAT PPROVAL FOR A UBDIVISION TO
KVL–PI–(//NS) ..............6
BE NOWN AS EROAGO HASE FKA ORTHLAKES UBDIVISION
7.G.BBELLC’(//FE)RF
RAE URN STATES S FKA ALYN STATES EQUEST FOR INAL
PA ..........................................................................................................6
LAT PPROVAL
7.H.RN.2005-126–MBA019 ............6
ESOLUTION O ISCELLANEOUS UDGET MENDMENT
7.I.RN.2005-127–ARS
ESOLUTION O SSISTANCE EQUEST FOR THE TATE OF
FBDEP(DEP)
LORIDA EACH EPARTMENT OF NVIRONMENTAL ROTECTION
ECP ....................................................................................7
ROSION ONTROL ROGRAM
7.J.C’GFMBACR512EF
HESSERS AP ORCE AIN YPASS LONG AST OF LEMING
SS–TDC–CON.1
TREET IN EBASTIAN HE ANELLA OMPANIES HANGE RDER O
AFP ....................................................................7
AND PPLICATION FOR INAL AYMENT
7.K.DLS–D’A
IAMOND AKES UBDIVISION EVELOPERS GREEMENT FOR
CRLS–SD,I.
ONSTRUCTION OF EGIONAL IFT TATION UNLAND EVELOPMENT NC
–FPRRR ...............................................8
INAL AY EQUEST AND ELEASE OF ETAINAGE
9.A.1.PUBLIC HEARING – ORDINANCE NO. 2005-027 – REZONING
APPROXIMATELY 1.78 ACRES FROM CL TO PD –
CONCEPTUAL AND PRELIMINARY PD PLAN/PLAT
APPROVAL FOR A TRANSMISSION REPAIR FACILITY AND
GENERAL COMMERCIAL BUILDING - WILLIAM
BOYDSTON – PROTRANSMASTERS (LEGISLATIVE) .................... 8
2
AUGUST 23, 2005
9.A.2.PUBLIC HEARING – ORDINANCE NO. 2005-028 – CREATION
OF SECTION 213 OF THE CODE – TAX REDUCTION FOR
CONSTRUCTION OR RECONSTRUCTION OF HOMESTEAD
PROPERTY TO HOUSE ELDERLY PARENTS OR
GRANDPARENTS OF OWNER OR OWNER’S SPOUSE
(LEGISLATIVE) ......................................................................................... 10
9.A.3.PUBLIC HEARING – ORDINANCE NO. 2005-029 – PROVIDING
ENTRY ONLY ONTO PRIVATE PROPERTY DURING TIME
OF A DECLARED EMERGENCY FOR THE PURPOSE OF
REMOVING DEBRIS – AMENDS SECTION 101.09 OF THE
CODE (LEGISLATIVE) ............................................................................ 11
9.B.1.PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM
CAROLINE D. GINN REGARDING REVIEW OF RELEVANT
ISSUES: EMERGENCY SERVICES DISTRICT ADVISORY
COMMITTEE ............................................................................................. 12
9.B.2.PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK BY L. W.
WADSWORTH REGARDING PETITION OF THE RESIDENTS
TH
OF 50 AVENUE BETWEEN ROUTE 60 AND WALKER
TH
AVENUE (26 STREET) (LAKE PARK SUBDIVISION) -
SPEEDING TRAFFIC................................................................................ 12
9.C.1.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON SEPTEMBER 6, 2005 ..................................................... 13
9.C.1.A.AOBCC
N RDINANCE OF THE OARD OF OUNTY OMMISSIONERS OF
IRC,FAIRCC
NDIAN IVER OUNTY LORIDA MENDING NDIAN IVER OUNTY ODE
S913.10(2)APBS
ECTION TO LLOW ERFORMANCE ONDS AS ECURITY FOR THE
WRSI ...................................... 13
ARRANTY OF EQUIRED UBDIVISION MPROVEMENTS
3
AUGUST 23, 2005
9.C.2.B.C’DC:R
HILDRENS ISCOVERY ENTER EQUEST FOR MAJOR SITE PLAN
.
AND SPECIAL EXCEPTION USE APPROVAL TO EXPAND AN EXISTING DAYCARE
C’DC,O.MBVE,I.,A.
HILDRENS ISCOVERY ENTER WNER NGINEERING NC GENT
L20A290
TH
OCATED ON THE EAST SIDE OF VENUE APPROXIMATELY FEET
8S.ZC:RS-6,R
TH
SOUTH OF TREET ONING LASSIFICATION ESIDENTIAL
S-F(6/).LUD:L-2,L
INGLEAMILY UP TO UNITSACRE AND SE ESIGNATION OW
D2(6/).(Q-J) .............................................. 13
ENSITY UP TO UNITSACREUASIUDICIAL
9.C.2.B.SCHEDULED FOR SEPTEMBER 13, 2005 MEETING ...................... 13
9.C.2.A.CRO
OUNTY INITIATED REQUEST TO AMEND THE ECREATION AND PEN
SE,EDE,SW
PACE LEMENT CONOMIC EVELOPMENT LEMENT AND OLID ASTE
S-ECP(PLANAMENDMENT
UBLEMENT OF THE OMPREHENSIVE LAN
NUMBER:CPTA2005010404-45904)(L) ........................................ 13
EGISLATIVE
9.C.2.B.CC
OUNTY INITIATED REQUEST TO AMEND THE ONSERVATION
ECMEC
LEMENT AND OASTAL ANAGEMENT LEMENT OF THE OMPREHENSIVE
P(PLANAMENDMENTNUMBER:CPTA2005010409-45908)
LAN
(L) ......................................................................................................... 14
EGISLATIVE
9.C.2.C.CIRF
OUNTY NITIATED EQUEST TO AMEND THE TEXT OF THE UTURE
LUECP(PLANAMENDMENT
AND SE LEMENT OF THE OMPREHENSIVE LAN
NUMBER:CPTA2005010125-45528)(L) ........................................ 14
EGISLATIVE
9.C.2.D.CIR
OUNTY NITIATED EQUEST TO AMEND THE TEXT OF THE
TEC(PLAN
RANSPORTATION LEMENT OF THE OMPREHENSIVE PLAN
AMENDMENTNUMBER:CPTA2005010408-45906)(L) ............ 14
EGISLATIVE
9.C.2.E.CC
OUNTY INITIATED REQUEST TO AMEND THE APITAL
IECP(PLAN
MPROVEMENTS LEMENT OF THE OMPREHENSIVE LAN
AMENDMENTNUMBER:CPTA2005010405-45905)(L) ............. 14
EGISLATIVE
9.C.2.F.CI
OUNTY INITIATED REQUEST TO AMEND THE NTRODUCTORY
ECP(PLANAMENDMENTNUMBER:
LEMENT OF THE OMPREHENSIVE LAN
CPTA2005010410-45909)(L) ............................................................ 15
EGISLATIVE
9.C.2.G.HSIRI.'
EALTH YSTEMS OF NDIAN IVER NCS REQUEST TO AMEND THE
CPR+/-21.2 L-1C/I;
OMPREHENSIVE LAN TO EDESIGNATE ACRES FROM TO
4
AUGUST 23, 2005
CP+/-21.2
AND TO AMEND THE OMPREHENSIVE LAN TO REDESIGNATE ACRES
C/IL-1(PLANAMENDMENTNUMBER:LUDA
FROM TO
2004-070433-42586)(L) ...................................................................... 15
EGISLATIVE
10.A.COUNTY ADMINISTRATOR’S MATTERS – REQUEST FOR
EXECUTIVE SESSION “SHADE” MEETING WITH THE
BOARD OF COUNTY COMMISSIONERS TO DISCUSS UNION
NEGOTIATIONS – INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS (IAFF)............................................................................ 15
11.C.1.GENERAL SERVICES – RFP 7048 - CUSTODIAL SERVICES
AT COUNTY OPERATED FACILITIES – HERERON GROUP,
INC. D/B/A BEACHLAND CLEANING OF VERO BEACH .............. 16
11.C.2GENERAL SERVICES – APPROVAL OF FINAL GMP – NEW
COUNTY ADMINISTRATION BUILDING – TURNER
CONSTRUCTION COMPANY ................................................................ 17
11.I.1.PUBLIC WORKS – BID AWARD NO. 7076 HURRICANE
DEBRIS REMOVAL & DISPOSAL CONTRACT – PRIMARY
CONTRACT TO OMNI PINNACLE, LLC – SECONDARY
CONTRACT TO CERES ENVIRONMENTAL SERVICES, INC. .... 18
11.I.2.PUBLIC WORKS – CONTRACT 0387 FOR PROFESSIONAL
SURVEYING AND MAPPING SERVICES WITH THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
50/50 COST SHARE PROGRAM WITH THE STATE OF
FLORIDA BUREAU OF SURVEYING AND MAPPING FOR
THE INDIAN RIVER COUNTY VERTICAL CONTROL
DENSIFICATION PROJECT – PROJECT NO. 0387 (NAVD 88) ..... 19
5
AUGUST 23, 2005
11.I.3.PUBLIC WORKS – PROS AND CONS FOR TRAFFIC SIGNAL
ND
AT CR512/102 AVENUE (ALTERNATIVE I) VERSUS CR
ST
512/101 AVENUE (ALTERNATIVE II) ............................................... 20
12.COUNTY ATTORNEY – RESOLUTION NO. 2005-128 - THE
PRESERVE OF VERO PHASE TWO SIDEWALKS - REQUEST
FOR AUTHORIZATION FOR STAFF TO CALL LETTER OF
CREDIT AND/OR EXTEND EXPIRATION DATE TO
COMPLETE REMAINING REQUIRED IMPROVEMENTS –
GEN DEVELOPMENT, INC. ................................................................... 21
13.D.1.COMMISSIONER WESLEY S. DAVIS – IMPACT FEES AND
CONCURRENCY RESERVATIONS – LETTER FROM
THOMAS G. PELHAM, FOWLER WHITE BOGGS BANKER,
P.A. REPESENTING CITIZENS CONCERNED FOR THE
FUTURE OF INDIAN RIVER COUNTY, INC. ..................................... 21
13.D.2.COMMISSIONER WESLEY S. DAVIS - EMERGENCY ITEM –
REVIEW OF IMPACT FEE INCREASE EXEMPTION
AFFIDAVITS ............................................................................................... 23
14.A.2EMERGENCY SERVICES DISTRICT .................................................. 25
14.A.1.AMRMJ19,2005 .................... 25
PPROVAL OF INUTES OF EGULAR EETING OF ULY
14.A.2.HIPAA
EALTH NSURANCE ORTABILITY AND CCOUNTABILITY CT
M(HIPAA)DES ......................... 25
ANUAL FOR EPARTMENT OF MERGENCY ERVICES
14.A.3.AP(1)TIIIAWC
PPROVAL TO URCHASE YPE MBULANCE FROM HEELED OACH
I,I. ..................................................................................................... 25
NDUSTRIES NC
14.B.1.SOLID WASTE DISPOSAL DISTRICT ................................................. 26
6
AUGUST 23, 2005
14.B.1.AVBFSB
UTHORIZATION TO USE OLUMETRIC ASED EE CHEDULE FOR ILLING
P................................................................................................................. 26
URPOSES
14.B.2.2005PHSWDDA
ETITION EARING OLID ASTE ISPOSAL ISTRICT SSESSMENT
F(CDM) ............................................................................................................ 26
EES
14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 26
7
AUGUST 23, 2005
August 23, 2005
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
th
Regular Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on
Tuesday, August 23, 2005. Present were Chairman Thomas S. Lowther, Vice Chairman Arthur R.
Neuberger, and Commissioners Sandra L. Bowden, Wesley S. Davis, and Gary C. Wheeler. Also
present were County Administrator Joseph Baird, Assistant County Attorney William DeBraal,
Executive Aide to the Board Kimberly Massung, and Deputy Clerk Maria Suesz.
1. CALL TO ORDER
The Chairman called the meeting to order at 9:00 a.m.
2. INVOCATION
Reverend Tri Pham, St. Helen Catholic Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Wesley Davis led the Pledge of Allegiance to the Flag.
1
AUGUST 23, 2005
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
The Chairman requested the following changes to today’s Agenda:
Additional Backup: Item 7.D. 2005 County/City Administrator/Manager
Salary and Benefit Survey
Replacement: Item 9.A.1. Boydston PD rezoning Item 9.A.1, Exhibit “A”
Additional Backup: Item 9.B.1. Caroline Ginn’s Public Discussion regarding
Dual Certification of Firefighters and
Paramedics - ESDAC Meetings
Deferred to September 6, Item 9.B.2. Public Discussion - L. W. Wadsworth
th
2005: regarding Petition of the residents of 50
Avenue between Route 60 and Walker Avenue
Additional Backup: Item 11.C.2. Administrative Complex Final GMP Summary
Revised: Item 11.I.3. Pros and Cons for Traffic Signal at
nd
CR512/102 Avenue - Informational Maps
Emergency Item: Item 13.D.2. Commissioner Wesley Davis’s request to
discuss the review of Impact Fee Increase
Exemption Affidavits
Additional Backup: Item 14.A.2. HIPAA Compliance Manual, Version 1,
August 2005
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the above changes to the Agenda.
2
AUGUST 23, 2005
5. PRESENTATION OF FLORIDA FESTIVAL AND EVENTS
ASSOCIATION RED BARON MEDIA AWARDS TO
PUBLIC/PRIVATE PARTNERSHIP TEAM OF POINTE WEST
AND THE INDIAN RIVER COUNTY RECREATION
DEPARTMENT FOR THE “SCREEN ON THE GREEN”
OUTDOOR MOVIE SERIES
Chuck Mechling
President of Pointe West Association , and Coordinator of Events
Karen Faulk
, awarded two Florida Festival and Events Association Red Baron Plaques/Private
Partnership to Director Cliff Crawford, County Recreation Department and provided two to the
Mr. Mechling
Board of County Commissioners to hang in the Chambers. recapped the steps
involved to receive the State Award for Corporate sponsorship that he plans to present next month
to the Board.
6. APPROVAL OF MINUTES – AUGUST 2, 2005
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of August 2, 2005. There were none.
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Neuberger, the Board unanimously
approved the Minutes of the Regular Meeting of August
2, 2005, as written and distributed.
7. CONSENT AGENDA
Commissioner Wheeler pulled Item 7.D. for discussion.
3
AUGUST 23, 2005
7.A. R
EPORT
The following report has been received and is on file in the office of the
Clerk of the Board:
1. Florida Department of Agriculture and Consumer Services, Division of
Forestry, Annual Fire Control Report and County Operating Plan
7.B. AW
PPROVAL OF ARRANTS
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Bowden, the Board unanimously
approved the list of Warrants issued by the Clerk to the
Board for the period of August 5-11, 2005, as requested.
7.C. RN.2005-125–EIR
ESOLUTION O STABLISH NTENT TO EIMBURSE
CCCC2004B
ERTAIN APITAL OSTS IN ONNECTION WITH THE OND
R
EFERENDUM
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Bowden, the Board unanimously
adopted Resolution No. 2005-125 establishing its intent
to reimburse certain capital costs incurred with proceeds
of future tax-exempt financing; providing certain other
matters in connection therewith, and providing an
effective date.
7.D. ACA’A–
MENDMENT TO OUNTY DMINISTRATORS GREEMENT
CP
OMPENSATION ACKAGE
4
AUGUST 23, 2005
Commissioner Wheeler objected to the compensation package because he
understood this proposal was only to review the salary increase. The proposal included a
$13,000 annual contribution to a retirement fund and paying for all dependent health
coverage. He felt the proposed contract cost would be exorbitant and is asking too much. .
Discussion ensued whereby Chairman Lowther stated that the proposed
amendments are in line with surrounding county administrator’s compensation packages.
He pointed out that other counties have also contacted Mr. Baird trying to recruit him.
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Bowden, by a 4-1
vote, Commissioner Wheeler opposed, the Board
approved the amendment, as recommended in the
memorandum of August 17, 2005.
AMENDMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.E. C2005SHIP(SHI
ONSIDERATION OF TATE OUSING NITIATIVES
P)PAR
ARTNERSHIP ROGRAM NNUAL EPORTS
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Bowden, the Board unanimously
approved the proposed SHIP Annual Reports and
authorized the Chairman to sign the report’s
certification pages, as recommended in the
memorandum of August 8, 2005.
REPORTS ARE ON FILE
5
AUGUST 23, 2005
IN THE OFFICE OF THE CLERK TO THE BOARD
7.F. CH’RFPA
ENTEX OMES EQUEST FOR INAL LAT PPROVAL FOR A
SKVL–PI–(//
UBDIVISION TO BE NOWN AS EROAGO HASE FKA
NS)
ORTHLAKES UBDIVISION
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Bowden, the Board unanimously
granted final plat approval for the VeroLago
Subdivision – Phase I with the mylar being recorded
after acceptable security is received, as recommended in
the memorandum of August 15, 2005.
7.G. BBELLC’(//FE)R
RAE URN STATES S FKA ALYN STATES EQUEST
FPA
FOR INAL LAT PPROVAL
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Bowden, the Board unanimously
granted final plat approval for the Brae Burn Estates
Subdivision, with the mylar being recorded after
acceptable security is received, as recommended in the
memorandum of August 15, 2005.
7.H. RN.2005-126–MB
ESOLUTION O ISCELLANEOUS UDGET
A019
MENDMENT
6
AUGUST 23, 2005
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Bowden, the Board unanimously
adopted Resolution No. 2005-126 amending the fiscal
year 2004-2005 budget.
7.I. RN.2005-127–AR
ESOLUTION O SSISTANCE EQUEST FOR THE
SFBDE
TATE OF LORIDA EACH EPARTMENT OF NVIRONMENTAL
P(DEP)ECP
ROTECTION ROSION ONTROL ROGRAM
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Bowden, the Board unanimously
adopted Resolution No. 2005-127 requesting assistance
from the State of Florida Beach DEP Erosion Control
Program.
7.J. C’GFMBACR512E
HESSERS AP ORCE AIN YPASS LONG AST OF
FSS–TDC–
LEMING TREET IN EBASTIAN HE ANELLA OMPANIES
CON.1AFP
HANGE RDER O AND PPLICATION FOR INAL AYMENT
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Bowden, the Board unanimously
approved the project for a total cost of $17,020.96;
approved Change Order No. as presented, and approved
Application for Payment No. 1 (final) to The Danella
Companies, as recommended in the memorandum of
August 4, 2005.
7
AUGUST 23, 2005
CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.K. DLS–D’A
IAMOND AKES UBDIVISION EVELOPERS GREEMENT FOR
CRLS–S
ONSTRUCTION OF EGIONAL IFT TATION UNLAND
D,I.–FPRR
EVELOPMENT NC INAL AY EQUEST AND ELEASE OF
R
ETAINAGE
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Bowden, the Board unanimously
approved final payment to Sunland Development, Inc.,
in the amount of $13,618.78, as recommended in the
memorandum of August 12, 2005.
DOCUMENT WILL BE PLACED ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
9.A.1. PUBLIC HEARING – ORDINANCE NO. 2005-027 – REZONING
APPROXIMATELY 1.78 ACRES FROM CL TO PD –
CONCEPTUAL AND PRELIMINARY PD PLAN/PLAT
APPROVAL FOR A TRANSMISSION REPAIR FACILITY AND
GENERAL COMMERCIAL BUILDING - WILLIAM
BOYDSTON – PROTRANSMASTERS (Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
8
AUGUST 23, 2005
Planning Director Stan Boling reviewed the proposal and displayed an aerial view
of the site detailing the location of facilities, open space, and stormwater improvements. He
pointed out the revision on page 114 (copy on file) to allow some flexibility for parking on this
site. He reviewed the extra setbacks and additional aesthetic controls. The P&Z recommended
approval of the rezoning 7-0. Staff also recommends approval.
Discussion ensued regarding the plan for the 60-foot PVC wall and staff was asked
to obtain further details.
The Chairman opened the public hearing.
Bill McCain
, W. F. McCain & Associates, Inc., displayed an illustration showing
the PVC wall would be located behind a 3-foot berm and would not be visible.
Discussion continued and Commissioner Davis wanted a connection from one
commercial property to the next. He asked the County Attorney to review the LDRs to see if that
can be done legally.
Bob Johnson
, Vero Beach, asked when these issues come before the Board that the
public be informed of what is to be developed.
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Davis, the Board
unanimously adopted Ordinance No. 2005-027
amending the Zoning Ordinance and the Accompanying
Zoning Map from CL, Limited Commercial, to PD,
Planned Development, for approximately 1.78 acres of
9
AUGUST 23, 2005
land generally located on the east side of US Highway
One in the 8900 block and described herein, and
providing for an effective date.
9.A.2. PUBLIC HEARING – ORDINANCE NO. 2005-028 – CREATION
OF SECTION 213 OF THE CODE – TAX REDUCTION FOR
CONSTRUCTION OR RECONSTRUCTION OF HOMESTEAD
PROPERTY TO HOUSE ELDERLY PARENTS OR
GRANDPARENTS OF OWNER OR OWNER’S SPOUSE
(Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Assistant County Attorney Bill DeBraal explained this proposal is to amend the
Code of Indian River County by adding Section 213, describing the criteria for a property tax
reduction of 20% for construction or reconstruction of homestead property to house elderly parents
or grandparents of owner or owner’s spouse after 2002.
The Chairman opened the public hearing. There were no speakers and the
Chairman closed the public hearing.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously
adopted Ordinance No. 2005-028 amending Title II by
creating Chapter 213, entitled Property Tax Reduction
for Construction or Reconstruction of Homestead
Property to House Elderly Parents or Grandparents of
Owner or Owner Spouse; providing for definitions;
10
AUGUST 23, 2005
providing for qualifications for reduction; providing for
the amount of reduction; providing for the process for
claiming the reduction; providing for penalties;
providing for disqualification; providing for conflicts;
providing for severability and providing an effective
date.
9.A.3. PUBLIC HEARING – ORDINANCE NO. 2005-029 –
PROVIDING ENTRY ONLY ONTO PRIVATE PROPERTY
DURING TIME OF A DECLARED EMERGENCY FOR THE
PURPOSE OF REMOVING DEBRIS – AMENDS SECTION
101.09 OF THE CODE (Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Assistant County Attorney DeBraal explained that in order for the County to be
reimbursed from the federal government for debris removal during time of a declared emergency,
collection of the debris must be our legal responsibility to private parties during events that are not
declared emergencies.
The Chairman opened the public hearing. There were no speakers and the
Chairman closed the public hearing.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously
approved Ordinance No. 2005-029, amending Code
Section 101.09. “Disaster Emergency Plans” to provide
for the entry into private property during the time of a
declared emergency for the purpose of removing debris;
11
AUGUST 23, 2005
providing for codification; providing for severability;
and providing for an effective date.
9.B.1. PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM
CAROLINE D. GINN REGARDING REVIEW OF RELEVANT
ISSUES: EMERGENCY SERVICES DISTRICT ADVISORY
COMMITTEE
Caroline Ginn
, former Chairman of the Board of County Commissioners, was
concerned that there was no public discussion and no workshop concerning the consolidation of
the firefighters and paramedics. She provided a list of committee meetings and copies of Board
meeting minutes showing when this item was on the agenda (copy on file). She also expressed
concern for the lack of sufficient lighting at the entrance of Fire Station #6.
County Administrator Baird stated she has mistaken the working draft of the study
for the final draft that is not yet complete.
Ms. Ginn
then asked that a workshop be held to obtain public input when the final
draft is ready.
Administrator Baird said he would look into the light situation at Fire Station #6.
There was a CONSENSUS to hold a workshop when the final draft is completed.
9.B.2. PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK BY L. W.
WADSWORTH REGARDING PETITION OF THE
TH
RESIDENTS OF 50 AVENUE BETWEEN ROUTE 60 AND
TH
WALKER AVENUE (26 STREET) (LAKE PARK
SUBDIVISION) - SPEEDING TRAFFIC
Deferred until September 6, 2005.
12
AUGUST 23, 2005
9.C.1. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON SEPTEMBER 6, 2005
9.C.1.A. AOBCC
N RDINANCE OF THE OARD OF OUNTY OMMISSIONERS
IRC,FAIR
OF NDIAN IVER OUNTY LORIDA MENDING NDIAN IVER
CCS913.10(2)AP
OUNTY ODE ECTION TO LLOW ERFORMANCE
BSWR
ONDS AS ECURITY FOR THE ARRANTY OF EQUIRED
SI
UBDIVISION MPROVEMENTS
9.C.2.B. C’DC:R
HILDRENS ISCOVERY ENTER EQUEST FOR MAJOR
SITE PLAN AND SPECIAL EXCEPTION USE APPROVAL TO EXPAND AN
.C’DC,O.
EXISTING DAYCARE HILDRENS ISCOVERY ENTER WNER
MBVE,I.,A.L
NGINEERING NC GENT OCATED ON THE EAST SIDE
20A2908
THTH
OF VENUE APPROXIMATELY FEET SOUTH OF
S.ZC:RS-6,R
TREET ONING LASSIFICATION ESIDENTIAL
S-F(6/).LUD:
INGLEAMILY UP TO UNITSACRE AND SE ESIGNATION
L-2,LD2(6/).(Q-J)
OW ENSITY UP TO UNITSACREUASIUDICIAL
9.C.2.B. SCHEDULED FOR SEPTEMBER 13, 2005 MEETING
9.C.2.A. CR
OUNTY INITIATED REQUEST TO AMEND THE ECREATION
OSE,ED
AND PEN PACE LEMENT CONOMIC EVELOPMENT
E,SWS-E
LEMENT AND OLID ASTE UBLEMENT OF THE
13
AUGUST 23, 2005
CP(PLANAMENDMENTNUMBER:
OMPREHENSIVE LAN
CPTA2005010404-45904)(L)
EGISLATIVE
9.C.2.B. CC
OUNTY INITIATED REQUEST TO AMEND THE ONSERVATION
ECME
LEMENT AND OASTAL ANAGEMENT LEMENT OF THE
CP(PLANAMENDMENTNUMBER:
OMPREHENSIVE LAN
CPTA2005010409-45908)(L)
EGISLATIVE
9.C.2.C. CIR
OUNTY NITIATED EQUEST TO AMEND THE TEXT OF THE
FLUECP
UTURE AND SE LEMENT OF THE OMPREHENSIVE LAN
(PLANAMENDMENTNUMBER:CPTA2005010125-45528)
(L)
EGISLATIVE
9.C.2.D. CIR
OUNTY NITIATED EQUEST TO AMEND THE TEXT OF THE
TEC
RANSPORTATION LEMENT OF THE OMPREHENSIVE PLAN
(PLANAMENDMENTNUMBER:CPTA2005010408-45906)
(L)
EGISLATIVE
9.C.2.E. CC
OUNTY INITIATED REQUEST TO AMEND THE APITAL
IECP
MPROVEMENTS LEMENT OF THE OMPREHENSIVE LAN
(PLANAMENDMENTNUMBER:CPTA2005010405-45905)
(L)
EGISLATIVE
14
AUGUST 23, 2005
9.C.2.F. CI
OUNTY INITIATED REQUEST TO AMEND THE NTRODUCTORY
ECP(PLAN
LEMENT OF THE OMPREHENSIVE LAN
AMENDMENT NUMBER: CPTA 2005010410-45909)
(Legislative)
9.C.2.G. HSIRI.'
EALTH YSTEMS OF NDIAN IVER NCS REQUEST TO
CPR+/-
AMEND THE OMPREHENSIVE LAN TO EDESIGNATE
21.2 L-1C/I;
ACRES FROM TO AND TO AMEND THE
CP+/-21.2
OMPREHENSIVE LAN TO REDESIGNATE ACRES FROM
C/IL-1(PLAN AMENDMENT NUMBER: LUDA
TO
2004-070433-42586) (Legislative)
Executive Aide Kim Massung read the notices into the record.
10.A. COUNTY ADMINISTRATOR’S MATTERS – REQUEST FOR
EXECUTIVE SESSION “SHADE” MEETING WITH THE
BOARD OF COUNTY COMMISSIONERS TO DISCUSS
UNION NEGOTIATIONS – INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS (IAFF)
The Chairman called a recess at 11:07 a.m. in order to hold an Executive Session
“shade” meeting in the Administrator’s Conference Room to discuss union negotiations for the
International Association of Firefighters.
15
AUGUST 23, 2005
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Bowden, the Board unanimously
established a time certain of 11:00 a.m., Tuesday,
August 23, 2005, for the attorney-client executive
session to discuss union negotiations, as recommended
in the memorandum of August 15, 2005.
The Chairman reconvened the regular meeting at 11:29 a.m. with all members
present.
11.C.1. GENERAL SERVICES – RFP 7048 - CUSTODIAL SERVICES
AT COUNTY OPERATED FACILITIES – HERERON GROUP,
INC. D/B/A BEACHLAND CLEANING OF VERO BEACH
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
awarded RFP 7048 to Beachland Cleaning of Vero
Beach; authorizing the Chairman to execute an
agreement after preparation and approval by the County
Attorney’s office and execution by the Contractor,
subject to the acceptance of insurance certificates by the
Risk Manager, as recommended in the memorandum of
August 17, 2005.
CONTRACT IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
16
AUGUST 23, 2005
11.C.2 GENERAL SERVICES – APPROVAL OF FINAL GMP – NEW
COUNTY ADMINISTRATION BUILDING – TURNER
CONSTRUCTION COMPANY
Steve Blum
New County Administration Building Project Manager discussed two
programs: savings of sales tax through the Owner Direct Purchase Program on most material items
costing more than $10,000, and value engineering. When these programs are exercised a savings
could amount to $250,000 to $300,000. The move-in schedule into the building now is March
2007.
There was a brief question and answer period.
Commissioner Bowden requested line drawing of the back of the building.
R. J. Martin
, 859 Island Club Square, Wabasso, was concerned that there is a
100% cost increase compared to the cost estimate by Ital Veron completed three years ago, and
wanted to know why the Board waited so long to build. Mr. Martin suggested having quarterly
updates to improve the operation and control cost. He requested being notified of those meetings.
Administrator Baird responded that there was no design three years ago and since
then prices climbed excessively. Now staff is in a position to give a good estimate. He has set
monthly meetings and he will include Mr. Martin on the mailing list.
Renee Renzi
, 301 Waverly Place, was concerned about the razing of the existing
County Administration Bldg., and what would happen to the Board of Education offices. She was
informed the Board of Education will remain in the building until the end of their lease and the rest
of the building will be turned into green space and a park.
17
AUGUST 23, 2005
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Bowden, the Board
unanimously approved Amendment II to the Turner
Construction Contract for the final GMP in the amount
of $33,086,442.00; approving procedures for
establishing and managing the Owner’s Contingency, as
recommended in the memorandum of August 17, 2005.
AMENDMENT II IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
11.I.1. PUBLIC WORKS – BID AWARD NO. 7076 HURRICANE
DEBRIS REMOVAL & DISPOSAL CONTRACT – PRIMARY
CONTRACT TO OMNI PINNACLE, LLC – SECONDARY
CONTRACT TO CERES ENVIRONMENTAL SERVICES, INC.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously
awarded the primary contract to Omni-Pinnacle, LLC
based on the evaluation of qualifications, mobilization
plan, equipment list, references and comparison of bids;
awarded a secondary contract to Ceres Environmental
Services, Inc. in case the primary contractor fails to
meet their contractual obligations. There is no retainer
or carrying cost for the Agreement. The Contract shall
be binding on the parties for a period of twenty-four (24)
consecutive months from the Contract Date. The
18
AUGUST 23, 2005
County may extend the term of the Contract for up to
three (3) additional terms of twelve (12) months each on
the same terms and conditions, as recommended in the
memorandum of August 15, 2005.
CONTRACT IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
11.I.2. PUBLIC WORKS – CONTRACT 0387 FOR PROFESSIONAL
SURVEYING AND MAPPING SERVICES WITH THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
50/50 COST SHARE PROGRAM WITH THE STATE OF
FLORIDA BUREAU OF SURVEYING AND MAPPING FOR
THE INDIAN RIVER COUNTY VERTICAL CONTROL
DENSIFICATION PROJECT – PROJECT NO. 0387 (NAVD 88)
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Contract No. 0387 with the Department of
Environmental Protection for the amount $188,385.00,
as recommended in the memorandum of August 12,
2005.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
19
AUGUST 23, 2005
th
(Clerk’s Note: At the onset of the 11 hour Commissioner Davis asked that Item
13.D.2 be heard prior to Item 10.)
There was a CONSENSUS to move Item 13.D.2. before
Item 10.
11.I.3. PUBLIC WORKS – PROS AND CONS FOR TRAFFIC SIGNAL
ND
AT CR512/102 AVENUE (ALTERNATIVE I) VERSUS CR
ST
512/101 AVENUE (ALTERNATIVE II)
County Engineer Christopher Kafer, Jr. P.E. displayed an aerial view (illustrations
ndst.
on file) of Alternative I (CR512/102 Avenue) and Alternative II (CR512/101Avenue). He
ndth
pointed out that 102 Court is the abandoned roadway, not 104 Avenue as indicated on backup,
page 258.A.4.
After several questions regarding costs by the Commissioners and the plans for
thst
104 Avenue, Commissioner Davis stated he preferred a light at 101 Avenue to utilize existing
arterial and collector roadways. The State Lands Division has been reconsidering the request to
nd
realign 102 Terrace to 101st Avenue; however, that land may be wetlands. Staff has the initial
nd
go-ahead for a light at 102 Avenue, which is where the commercial property owner, Mr. Ansin,
st
wants the signal for ingress and egress to his property. Staff favors 101 Avenue, Alternative II,
but these two issues need to be addressed.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously
authorized staff to proceed with the design of the
median for CR512; approving Alternative II
st
(CR512/101 Avenue), and directed staff to negotiate
nd
with Mr. Ansin regarding not have a signal at 102
20
AUGUST 23, 2005
Avenue. If that is not agreeable, staff is authorized to
continue with Alternative I.
12. COUNTY ATTORNEY – RESOLUTION NO. 2005-128 - THE
PRESERVE OF VERO PHASE TWO SIDEWALKS - REQUEST
FOR AUTHORIZATION FOR STAFF TO CALL LETTER OF
CREDIT AND/OR EXTEND EXPIRATION DATE TO
COMPLETE REMAINING REQUIRED IMPROVEMENTS –
GEN DEVELOPMENT, INC.
Assistant County Attorney Bill DeBraal explained the letter of credit was issued on
sidewalk improvements. The bank informed him they will not renew the letter of credit and the
County needs some security if the contract is not completed.
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously
adopted Resolution 2005-128, (1) declaring default by
Gen Development, Inc. in its obligation to complete
required offsite sidewalk improvements to the Preserve
of Vero Phase Two, and (2) authorizing staff to make
sight draft against First Business Bank Irrevocable
Letter of Credit No. 05-2003 in favor or Indian River
County in the amount of $23,287.50.
13.D.1. COMMISSIONER WESLEY S. DAVIS – IMPACT FEES AND
CONCURRENCY RESERVATIONS – LETTER FROM
THOMAS G. PELHAM, FOWLER WHITE BOGGS BANKER,
21
AUGUST 23, 2005
P.A. REPESENTING CITIZENS CONCERNED FOR THE
FUTURE OF INDIAN RIVER COUNTY, INC.
Commissioner Davis pointed out that some developers have been denied
concurrency and he wanted to formulate a method of payment of impact fees and to address the
issue of concurrency by creating a system that counts concurrency and at the same time does not
allow the large developers to prevent a small developer from obtaining a building permit. This
dilemma is beginning to affect the roads. He used Vero Lake Estates and Pointe West as
examples.
Chuck Mechling,
1990 Pointe West Drive, wanted to see a system devised where
there can be better planning in the long run and with an accelerated road program.
Discussion ensued regarding trips associated with a project being counted when a
developer pays impact fees. Staff felt considering all the trips up to the time of buildout would take
up to two years to determine those numbers.
Commissioner Davis expressed the importance of counting all the trips in the
pipeline as early in the process as possible, as a reservation, so they can plan to work with the
Department of Transportation on roads.
Administrator Baird wanted to methodically look at the system and see if there are
any ramifications. He felt impact fees should be paid at building permit time and that it should
remain that way.
Joseph Paladin
, Atlantic Coast Development, inquired what the Board wanted the
Growth Awareness Committee to work on.
Administrator Baird responded that the Board wanted more safeguards. He asked
the committee to address when impact fees should be paid in full, the need for a better road system,
and to work with staff and have them bring a recommendation back to the Board.
There was CONSENSUS to leave payment of impact
fees at the time of obtaining the building permit. For
22
AUGUST 23, 2005
long range planning, a model that includes counting all
trips should be available and ready to react.
13.D.2. COMMISSIONER WESLEY S. DAVIS - EMERGENCY ITEM –
REVIEW OF IMPACT FEE INCREASE EXEMPTION
AFFIDAVITS
(Clerk’s Note: This item was heard prior to Item 10.)
Commissioner Davis asked Assistant County Attorney DeBraal to review the
impact fee exemption affidavits. He wanted to allow anything that had a valid contract and a
cancelled check before July 1, 2005 to continue under the former impact fee schedule. Many
contracts had a built-in clause that, in the event of an act of God or an increase in the impact fee,
they would be able to pass that increase on to the buyer. Several applicants were turned down and
denied that had this clause in their contract. Out of 360 contracts 50% will not be impacted by the
new ordinance; 33% will have the fees waived; and the remaining 17% need more information
about the cancelled check. Half of the contracts had a specific clause stating that any increase in
governmental fees, assessments, or impact fees would be passed on to the buyer. Also of concern,
some homeowners were financed by a lending institution and needed to borrow an additional
amount.
Attorney DeBraal explained that the Ordinance included a “savings clause” that
requires a valid contract executed before July 1, 2005, with a cancelled check showing deposit
within a reasonable amount of time; if the contract was impaired by the increase in impact fees the
fees would be waived.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Neuberger for
discussion, to readdress Land Use Amendment Chapter
23
AUGUST 23, 2005
953 by directing staff to prepare an ordinance
amendment addressing the applicants impaired by the
Pending Ordinance Doctrine.
Attorney DeBraal stated this motion will bring all the contracts into play that were
signed.
Commissioner Neuberger questioned the legalities of the motion.
Attorney DeBraal advised the Board to direct staff to prepare an ordinance
amendment that would eliminate the necessity of the contract being impacted. He anticipated that
it would lower the number of contracts affected by the pending ordinance doctrine.
Administrator Baird felt it was such a complicated issue that they needed to have a
public hearing and realize everyone’s exposure.
MOTION WAS AMENDED by Commissioner Davis,
SECONDED by Commissioner Neuberger, to have
legal staff look into the legal aspects and report back to
the Board.
Attorney DeBraal suggested the Planning Department staff and the County
Administrator have a discussion or workshop with builders and homeowners to better understand
the impact to the low-end homeowners.
Commissioner Bowden stated she needed more information before she could
support the motion and preferred this item be tabled.
Tim Zorc,
President of the Builders and Contractors Association, spoke to a judge
in Lee County that looked at 800 contracts in relation to this issue. Out of 800 contracts there was
a mix of contracts that had the clause and some did not. Lee County Circuit Court Case argument
goes against the established court of appeals precedence.
24
AUGUST 23, 2005
Attorney DeBraal stated we have a “savings clause” that takes us out of that ruling
and he quoted another case from Monroe County.
The Chairman CALLED THE QUESTION, and the
amended motion carried, by a 4-1 vote, Commissioner
Bowden opposed. (The Board directed Staff to hold a
workshop with the builders to address the applicants
impaired by the Pending Ordinance Doctrine, and to
direct Attorney DeBraal to research the Lee County
Circuit Court Case with Tim Zorc and report back to the
Board.)
14.A.2 EMERGENCY SERVICES DISTRICT
14.A.1.AMRMJ19,
PPROVAL OF INUTES OF EGULAR EETING OF ULY
2005
14.A.2.HIPAA
EALTH NSURANCE ORTABILITY AND CCOUNTABILITY CT
M(HIPAA)DES
ANUAL FOR EPARTMENT OF MERGENCY ERVICES
14.A.3.AP(1)TIIIA
PPROVAL TO URCHASE YPE MBULANCE FROM
WCI,I.
HEELED OACH NDUSTRIES NC
The Chairman announced that immediately upon adjournment, the Board would
reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes are
being prepared separately and are appended to this document.
25
AUGUST 23, 2005
14.B.1. SOLID WASTE DISPOSAL DISTRICT
14.B.1.AVBFS
UTHORIZATION TO USE OLUMETRIC ASED EE CHEDULE
BP
FOR ILLING URPOSES
14.B.2.2005PHSWDD
ETITION EARING OLID ASTE ISPOSAL ISTRICT
AF(CDM)
SSESSMENT EES
The Chairman announced that immediately upon adjournment of the Emergency
Services District Meeting, the Board would reconvene as the Board of Commissioners of the Solid
Waste Disposal District. Those Minutes are being prepared separately and are appended to this
document.
14.C. ENVIRONMENTAL CONTROL BOARD - NONE
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 12:34 p.m.
26
AUGUST 23, 2005
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman
Minutes Approved: _________________
BCC/ms/2005 Minutes
27
AUGUST 23, 2005