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HomeMy WebLinkAbout08/9/2005 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF August 9, 2005 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 - NONE ........................ 2 6.APPROVAL OF MINUTES – JULY 19, 2005 .......................................... 2 7.CONSENT AGENDA ................................................................................... 2 7.A.R .....................................................................................................................3 EPORTS 7.BAW–J22-28,2005 ...........................................................3 PPROVAL OF ARRANTS ULY 7.C.CCJK.B–QIR– LERK OF OURT EFFREY ARTON UARTERLY NVESTMENT EPORT A1,2005J30,2005 ....................................................................3 PRIL THROUGH UNE 7.D.BAO--TC LANKET UTHORIZATION FOR UTOFCOUNTY RAVEL FOR HAIRMAN LAFACC OWTHER TO TTEND THE LORIDA SSOCIATION OF OUNTIES OMMITTEE M-GM/IFAW ...........4 EETINGS ROWTH ANAGEMENTMPACT EE DVISORY ORKGROUP August 9, 2005 1 7.E.BAO--CTC LANKET UTHORIZATION FOR UTOFOUNTY RAVEL FOR OMMISSIONER WAFACC HEELER TO TTEND THE LORIDA SSOCIATION OF OUNTIES OMMITTEE M–PSPC ....................................................4 EETINGS UBLIC AFETY OLICY OMMITTEE 7.F.FDEP–CS LORIDA EPARTMENT OF NVIRONMENTAL ROTECTION OMMIT TATE FEDR–AN.1G UNDS FOR MERGENCY UNE ESTORATION MENDMENT O TO RANT AH5IR1(2004H) .................................................................5 GREEMENT URRICANES 7.G.R2005-114–ACAS ESOLUTION UTHORIZING OUNTY DMINISTRATOR TO IGN SA ........................................................................................5 UBDIVISION GREEMENTS 7.H.TCDLU ...........................................................6 RAFFIC ONTROL EVICE EDGER PDATE 9.A.1.PUBLIC HEARING – ORDINANCE 2005-025 – RAISING THE PURCHASING AUTHORITY OF THE COUNTY ADMINISTRATOR FROM $5,000 TO $50,000 ....................................... 6 9.C.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ...................................................................................................... 7 9.C.1.PHSA16,2005E UBLIC EARING CHEDULED FOR UGUST LIMINATING THE RONTCCM EQUIREMENT TO HAVE NE IGHT IME OUNTY OMMISSION EETING .................................................................................................................7 PER MONTH 9.C.2.PHSA23,2005–TR UBLIC EARING CHEDULED FOR UGUST AX EDUCTION FOR CRHPH ONSTRUCTION OR ECONSTRUCTION OF OMESTEAD ROPERTY TO OUSE EPGOOS...................8 LDERLY ARENTS OR RANDPARENTS OF WNER OR WNER POUSE 9.C.3.PHSA23,2005–EP UBLIC EARING CHEDULED FOR UGUST NTRY ONTO RIVATE PDTDEP ROPERTY URING IME OF ECLARED MERGENCY FOR THE URPOSE OF RD .....................................................................................................8 EMOVING EBRIS 9.C.4.PHSA16,2005–A UBLIC EARING CHEDULED FOR UGUST BANDONMENT OF A P46SR--W .................................................................9 TH ORTION OF TREET IGHTOFAY PHSS6,2005:TL.SJ. UBLIC EARING CHEDULED FOR EPTEMBER IMOTHY AND ANDRA G .....................................................................................................................9 AITHER August 9, 2005 2 PHSS6,2005:OC UBLIC EARING CHEDULED FOR EPTEMBER MNI ONSTRUCTION I-WXMD,LLC,O.MBVE, NTERNATIONAL EVELOPMENT WNER NGINEERING I.,A ................................................................................................................9 NC GENT PHSS6,2005–BHI.......... 10 UBLIC EARING CHEDULED FOR EPTEMBER EALE OLDINGS NC 11.I.1.PUBLIC WORKS – EASTERN INDIAN RIVER TOWNSHIP – SECTIONAL HORIZONTAL CONTROL SURVEYING AND MAPPING PROJECT NO. 0504 – MASTER CONTRACT 0405 – SUBSEQUENT WORK ORDER NO. 1 (PHASE TWO) – NICK MILLER, INC. PROFESSIONAL SURVEYORS AND MAPPERS FOR PROFESSIONAL SURVEYING AND MAPPING SERVICES ................................................................................................... 10 11.J.1.UTILITIES - BEST CAR WASH FORCE MAIN RELOCATION ON US1 NORTH OF INDIAN RIVER BOULEVARD – THE DANELLA COMPANIES, INC. - BID NO. 7033 – WORK AUTHORIZATION NO. 2005-010 ........................................................... 11 TH 11.J.2.UTILITIES – 110 PLACE GRAVITY SEWER INSTALLATION PROJECT IN FLORAVON SHORES WORK AUTHORIZATION DIRECTIVE NO. 2005-004 – DANELLA COMPANIES, INC. .................................................................................... 11 13.A. CHAIRMAN LOWTHER – SMALL LOT SUBDIVISIONS .............. 12 14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 15 14.B.1.A.AM–J13,2005–BH ....................... 15 PPROVAL OF INUTES ULY UDGET EARING 14.B.1.B.AM–J12,2005 ........................................................ 15 PPROVAL OF INUTES ULY 14.B.2.LGCSCAF ANDFILL AS ONTROL YSTEM ONSTRUCTION PPROVAL FOR INAL PPR–ERCGS,I. ................ 15 AY LUS ETAINAGE ENERAL CONTRACTING ERVICES NC August 9, 2005 3 August 9, 2005 4 August 9, 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 9, 2005, at 6:00 p.m. Present were Chairman Thomas S. Lowther, Vice Chairman Arthur R. Neuberger, Commissioners Wesley S. Davis and Gary C. Wheeler (Sandra L. Bowden was absent). Also present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Ilea M. Petsel. 1. CALL TO ORDER Chairman Lowther called the meeting to order. 2. INVOCATION Jim Davis, Public Works Director, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Vice Chairman Neuberger led the Pledge of Allegiance to the Flag. August 9, 2005 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Lowther requested the following changes to today’s Agenda: Delete 7.A.5. Duplicate of item Auditor General Report No. 2005-007, a Performance 7.A.2. Audit of County Value Adjustment Boards July 1, 2003 through June 30, 2004 13.A.1. Addition Chairman Lowther – small Lot Subdivisions ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis (by a vote of 4-0, Commissioner Bowden absent), the Board unanimously made the above changes to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS - NONE 6. APPROVAL OF MINUTES – JULY 19, 2005 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of July 19, 2005. There were none. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously approved (by a vote of 4-0, Commissioner Bowden absent) the Minutes of the Regular Meeting of July 19, 2005, as written and distributed. 7. CONSENT AGENDA August 9, 2005 2 7.A. R EPORTS The following reports have been received and are on file in the office of the Clerk to the Board: 1.Proof of Publication for unclaimed cash bond monies 2.Auditor General – Performance Audit Report of County Value Adjustment Boards July 1, 2003, through June 30, 2004 3.St. Johns River Water Management District Tentative Budget Submission for Fiscal Year 2005-2006 4.Department of Environmental Protection Sebastian Inlet State Park Biennial Report 07/01/03 – 06/30/05 5.Auditor General – Performance Audit Report of County Value Adjustment Boards July 1, 2003, through June 30, 2004 7.B AW–J22-28,2005 PPROVAL OF ARRANTS ULY ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved (by a vote of 4-0, Commissioner Bowden absent) the list of Warrants as issued by the Clerk to the Board for July 22-28, 2005, as requested. 7.C. CCJK.B–QI LERK OF OURT EFFREY ARTON UARTERLY NVESTMENT R–A1,2005J30,2005 EPORT PRIL THROUGH UNE August 9, 2005 3 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously accepted (by a vote of 4-0, Commissioner Bowden absent) the Investment Advisory Committee’s Quarterly Report, as recommended in the memorandum of August 3, 2005. 7.D. BAO--T LANKET UTHORIZATION FOR UTOFCOUNTY RAVEL FOR CLAFA HAIRMAN OWTHER TO TTEND THE LORIDA SSOCIATION OF CCM-G OUNTIES OMMITTEE EETINGS ROWTH M/IFAW ANAGEMENTMPACT EE DVISORY ORKGROUP ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved (by a vote of 4-0, Commissioner Bowden absent) blanket authorization for out-of-county travel for Chairman Lowther to attend the Florida Association of Counties Committee Meetings, as requested in the memorandum of August 2, 2005. 7.E. BAO--CT LANKET UTHORIZATION FOR UTOFOUNTY RAVEL FOR CWAFA OMMISSIONER HEELER TO TTEND THE LORIDA SSOCIATION CCM–PSP OF OUNTIES OMMITTEE EETINGS UBLIC AFETY OLICY C OMMITTEE ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved August 9, 2005 4 (by a vote of 4-0, Commissioner Bowden absent) blanket authorization for out-of-county travel for Commissioner Wheeler to attend the Florida Association of Counties Committee Meetings, as requested in the memorandum of August 2, 2005. 7.F. FDEP– LORIDA EPARTMENT OF NVIRONMENTAL ROTECTION CSFEDR– OMMIT TATE UNDS FOR MERGENCY UNE ESTORATION AN.1GAH5IR1(2004 MENDMENT O TO RANT GREEMENT H) URRICANES ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved (by a vote of 4-0, Commissioner Bowden absent) FDEP Amendment No. 1 to Grant Agreement H5IR1, as recommended in the memorandum of July 28, 2005. AMENDMENT NO. 1 TO GRANT AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.G. R2005-114–ACA ESOLUTION UTHORIZING OUNTY DMINISTRATOR SSA TO IGN UBDIVISION GREEMENTS ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously adopted (by a vote of 4-0, Commissioner Bowden absent) August 9, 2005 5 Resolution 2005-114 delegating to the County Administrator or designee the authority to execute standard contracts for Construction of Required Improvements and standard Warranty and Maintenance Agreements. 7.H. TCDLU RAFFIC ONTROL EVICE EDGER PDATE ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved (by a vote of 4-0, Commissioner Bowden absent) the Traffic Control Device Ledger Update, as recommended in the memorandum of August 2, 2005. 9.A.1. PUBLIC HEARING – ORDINANCE 2005-025 – RAISING THE PURCHASING AUTHORITY OF THE COUNTY ADMINISTRATOR FROM $5,000 TO $50,000 PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. A MOTION was made by Vice Chairman Neuberger for approval of staff’s recommendations, SECONDED by Commissioner Wheeler for discussion. August 9, 2005 6 Under discussion Commissioner Wheeler questioned if there could be a sunset clause so that it will automatically be brought back to the Board every two to four years for discussion and approval. County Attorney William Collins stated that this could be brought back at the Boards’ request anytime; therefore, there is not a need for a “Sunset Clause”. He explained he could place language in the Ordinance that would allow it to come back at the Boards’ desired date. Chairman Lowther set forth that the Ordinance is acceptable without any attachments and added that other counties allow their administrators to have a high spending limit. The Chairman CALLED THE QUESTION and the motion passed (by a vote of 3-1; Commissioner Wheeler opposed and Commissioner Bowden absent). The Board unanimously adopted Ordinance 2005-025 amending Indian River County Code Chapter 105, Purchasing, to Raise the Purchasing Authority of the County Administrator from $5,000 to $50,000. 9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING 9.C.1.PHSA16,2005 UBLIC EARING CHEDULED FOR UGUST ERONT LIMINATING THE EQUIREMENT TO HAVE NE IGHT IME CCM OUNTY OMMISSION EETING PER MONTH August 9, 2005 7 An Ordinance of the Board of County Commissioners of Indian River County Florida, Amending Code Section 102.01: Board of County Commissioners Meetings and Procedures, Eliminating the Requirement to Have One Night Time Meeting Per Month. (Legislative) 9.C.2.PHSA23,2005–T UBLIC EARING CHEDULED FOR UGUST AX RCR EDUCTION FOR ONSTRUCTION OR ECONSTRUCTION OF HPHEP OMESTEAD ROPERTY TO OUSE LDERLY ARENTS OR GOOS RANDPARENTS OF WNER OR WNER POUSE An Ordinance of the Board of County Commissioners of Indian River County, Florida, 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; Providing for Qualification 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 for an Effective Date. (Legislative) 9.C.3.PHSA23,2005–E UBLIC EARING CHEDULED FOR UGUST NTRY PPDTD ONTO RIVATE ROPERTY URING IME OF ECLARED EPRD MERGENCY FOR THE URPOSE OF EMOVING EBRIS An Ordinance of the Board of County Commissioners of Indian River County, Florida Amending Indian River County Code Section 101.109 August 9, 2005 8 “Disaster Emergency Plans” to Provide for the Entry Onto Private Property During the Time of a Declared Emergency for the Purpose of Removing Debris; Providing for Codification; Providing for Severability; and Providing for an Effective Date. (Legislative) 9.C.4.PHSA16,2005– UBLIC EARING CHEDULED FOR UGUST AP46SR--W TH BANDONMENT OF A ORTION OF TREET IGHTOFAY th Linda Cross’ request for an abandonment of a portion of 46 Street. The th subject segment is a paper street located east of and adjacent to 38 Avenue in Gifford. (Legislative) PHSS6,2005:T UBLIC EARING CHEDULED FOR EPTEMBER IMOTHY L.SJ.G AND ANDRA AITHER st Request to rezone +/- 3.44 acres located west of 51 Court, and th approximately 630 feet north of 45 Street from RMH-8, Residential Mobile Home District (up to 8 units/acre), to RS-6, Single-Family Residential District (up to 6 unites/acre). Timothy L. and Sandra J. Gaither, Owners. Michael O’Haire, Agent. (Quasi-Judicial) PHSS6,2005:O UBLIC EARING CHEDULED FOR EPTEMBER MNI CI-WXMD,LLC, ONSTRUCTION NTERNATIONAL EVELOPMENT O.MBVE,I.,A WNER NGINEERING NC GENT August 9, 2005 9 thth Request to rezone +/-7.31 acres located northwest of 50 Avenue and 45 Street, from RMH-8, Residential Mobile Home District (up to 8 units/acre), to RS-6, Single-Family Residential District (up to 6 units/acres). WXM Development, LLC, Owner. MBV Engineering, Inc., Agent. (Quasi-Judicial) PHSS6,2005–B UBLIC EARING CHEDULED FOR EPTEMBER EALE HI. OLDINGS NC th Request to rezone +/- 7.74 acres located north of 9 Street Southwest rd (Oslo Road) and approximately 580 feet east of 43 Avenue from CH, Heavy Commercial District, to CG General Commercial District. Beale Holdings Inc., Owner. William Mills, Agent. (Quasi-Judicial) The Chairman read the notices into the record. 11.I.1. PUBLIC WORKS – EASTERN INDIAN RIVER TOWNSHIP – SECTIONAL HORIZONTAL CONTROL SURVEYING AND MAPPING PROJECT NO. 0504 – MASTER CONTRACT 0405 – SUBSEQUENT WORK ORDER NO. 1 (PHASE TWO) – NICK MILLER, INC. PROFESSIONAL SURVEYORS AND MAPPERS FOR PROFESSIONAL SURVEYING AND MAPPING SERVICES ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved August 9, 2005 10 (by a vote of 4-0, Commissioner Bowden absent) Master Contract No. 0504 and subsequent Work Order No. 1 in the amount of $164,000.00 authorizing the above- mentioned project as outlined in the attached scope of services and authorized the Chairperson to execute the Master Contract and Work Order No. 1, as recommended in the memorandum of July 29, 2005. WORK ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.1. UTILITIES - BEST CAR WASH FORCE MAIN RELOCATION ON US1 NORTH OF INDIAN RIVER BOULEVARD – THE DANELLA COMPANIES, INC. - BID NO. 7033 – WORK AUTHORIZATION NO. 2005-010 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved (by a vote of 4-0, Commissioner Bowden absent) the project for a total cost of $29,209.92 and Work Authorization No. 2005-010 for $21,999.52 to Danella Companies, as recommended in the memorandum of July 28, 2005. WORK AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD TH 11.J.2. UTILITIES – 110 PLACE GRAVITY SEWER INSTALLATION PROJECT IN FLORAVON SHORES WORK August 9, 2005 11 AUTHORIZATION DIRECTIVE NO. 2005-004 – DANELLA COMPANIES, INC. ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved (by a vote of 4-0, Commissioner Bowden absent) the project for a total estimated cost of $148,755.84, the Work Authorization Directive No. 2005-004 to the Danella Companies, Inc. for $121,933.39, and authorized the Chairman to execute same as presented, as recommended in the memorandum of July 18, 2005. WORK AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13.A. CHAIRMAN LOWTHER – SMALL LOT SUBDIVISIONS Joe Paladin , President of the Growth Awareness Committee, explained his committee would like to set aside small-lot subdivisions for workforce/low income housing only. He asked the Board for a 90-day moratorium on small lot subdivisions to work out all the details to be brought back to the Board. He stated that his committee would be working alongside the Affordable Housing Taskforce and the Housing Awareness Committee so that everything will be brought before the Board with staff comments and recommendations. Chairman Lowther recalled that the small lot subdivision was introduced to assist in workforce housing. August 9, 2005 12 Planning Director Stan Boling confirmed Chairman Lowther’s recollection and clarified that it was one of the initiatives that came out of the Affordable Housing Advisory Committee in the early 1990s. The initiative was to allow higher density areas to have small lot subdivisions to increase density and reduce cost. Under the current regulations there is no requirement for tying the small lot subdivisions to low-income housing. Joe Paladin stressed that this will give developers some incentive for building small lot subdivisions. Commissioner Davis questioned if the moratorium would hinder any current small lot subdivisions still in the pipeline. Director Boling stated that the only true affordable housing that has come out of the small lot subdivisions requirements has come from Habitat for Humanity. He is not aware of any other small lot subdivision plans that would be disrupted. He specified that staff has advised some applicants over the last couple of months during small lot subdivision conferences, that the Board’s direction is for this housing to be affordable. Vice Chairman Neuberger asked if this would it mean every small lot subdivision from now on would be strictly for affordable housing. Joe Paladin explained that it is the committees’ desire for small lot subdivisions to be set aside for low-income housing. He is not sure how many acres this would involve. The moratorium would be to get the information together for staff’s approval. A MOTION was made by Commissioner Wheeler, SECONDED by Commissioner Davis, to have a six- month moratorium on small lot subdivisions. August 9, 2005 13 County Attorney Collins clarified the motion for a moratorium is just to bring an Ordinance forward which would be subject to public hearings and stated there may be projects in the process now. The County could get into an impairment of contract issue if applications that are already submitted are not processed. He stated the County could apply the Ordinance to new applications only to avoid a possible problem. Director Boling stated that staff is in favor of tying small lot subdivisions to low- income housing. Bob Johnson , Coral Wind Subdivision, would like to see Habitat for Humanity be the exception to this policy so they can continue to process their requirements. Community Development Director Bob Keating replied that staff could work with Attorney Will Collins to structure the Ordinance so that it does not hinder Habitat for Humanity projects. Attorney Collins took the motion as authorization to advertise for a public hearing for a six-month moratorium. Bob Walsh remarked that Habitat is doing a great job but because of the demand needed now they will not be able to catch up. He suggested manufactured homes would be a way to close the gap. The Chairman CALLED THE QUESTION and the motion passed; by a 4-0 vote, Commissioner Bowden absent (Authorized the County Attorney to draft an ordinance establishing a six-month moratorium on small- lot subdivisions to help set aside land for August 9, 2005 14 workforce/affordable housing. Two public hearings will be held at a future date.) 14.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately and are appended to this document. 14.B.1.A.AM–J13,2005–BH PPROVAL OF INUTES ULY UDGET EARING 14.B.1.B.AM–J12,2005 PPROVAL OF INUTES ULY 14.B.2.LGCSCA ANDFILL AS ONTROL YSTEM ONSTRUCTION PPROVAL FPPR–ERCG FOR INAL AY LUS ETAINAGE ENERAL CONTRACTING S,I. ERVICES NC 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 6:33 p.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman Minutes Approved: _________________ ip August 9, 2005 15