HomeMy WebLinkAbout09/12/2006 (9)
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF SEPTEMBER 12, 2006
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE...................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY
ITEMS - NONE ............................................................................................. 2
5.PROCLAMATIONS AND PRESENTATIONS – NONE ....................... 2
6.APPROVAL OF MINUTES – NONE ........................................................ 2
7.CONSENT AGENDA ................................................................................... 2
7.A.AW–A25-31,2006 ......................................................3
PPROVAL OF ARRANTS UGUST
7.B.RAPZ
ESIGNATION AND PPOINTMENT TO THE LANNING AND ONING
C(P&Z) ...................................................................................................3
OMMISSION
7.C.AAAC..................................3
PPOINTMENT TO THE GRICULTURE DVISORY OMMITTEE
7.D.O--CTAFA
UTOFOUNTY RAVEL TO TTEND THE LORIDA SSOCIATION OF
C2006-2007LPCM–
OUNTIES EGISLATIVE OLICY OMMITTEE EETINGS
S27-29,2006 .............................................................................................4
EPTEMBER
September 12, 2006
1
7.E.EGIS(GIS)P
NTERPRISE EOGRAPHIC NFORMATION YSTEMS URCHASE OF
S–SWO#2 ........................................................4
OFTWARE UPPLEMENTAL ORK RDER
7.F.SM23L.L.C.’SRFPA
AM ESSINA EQUEST FOR INAL LAT PPROVAL FOR A
STE ...........................................................5
UBDIVISION TO BE KNOWN AS HE NCLAVE
7.G.R&DW’RPR
OBERT ENISE EBSTERS EQUEST FOR ARTIAL ELEASE OF AN
E524095S(L5,TRBCS)
TH
ASEMENT AT TREET OT HE IVER OAT LUB UBDIVISION
.....................................................................................................................................5
7.H.GHVDLLCRPR
ERO EVELOPMENT EQUEST FOR ARTIAL ELEASE OF AN
E2218FC(L21,TFGH
ASEMENT AT ALLS IRCLE OT HE ALLS AT RAND ARBOR
P29) ......................................................................................................................6
LAT
7.I.IRCJEPCO#4–VVS
AIL XPANSION ROJECT HANGE RDER IDEO ISITATION YSTEM
.....................................................................................................................................6
7.J.ACON.16NC
CCEPTANCE OF HANGE RDER O FOR THE EW OUNTY
AB .....................................................................................7
DMINISTRATION UILDINGS
7.K.MBA023 .............................................................7
ISCELLANEOUS UDGET MENDMENT
7.L.OR/L“J”CBRCON.
SLO OADATERAL ANAL RIDGE EPLACEMENT HANGE RDER O
4–60”RCPRFR ...................................................8
EALIGNMENT AND INAL OADWAY
7.M.ABAIRCB#2007003(AB
PPROVAL OF ID WARD FOR ID NNUAL ID FOR
CSAP)PW
ORRUGATED TEEL AND LUMINIUM IPE UBLIC ORKS
D/R&BD ..................................................................8
EPARTMENTOAD RIDGE IVISION
7.N.PR–NCABN
ROGRESS EPORT EW OUNTY DMINISTRATION UILDINGS AND EW
EOC ............................................................................9
MERGENCY PERATIONS ENTER
7.O.ARR-I911F ............... 10
PPROVAL OF ESOLUTION EAUTHORIZING MPOSITION OF EE
7.P.ASFFSA
PPROVAL OF TATE AND EDERALLY UNDED UBGRANT GREEMENT
CN07BG-04-10-40-01 ................................................................ 10
ONTRACT UMBER
7.Q.BCAC-SGA
OARD ONSIDERATION TO PPROVE A OSTHARE RANT GREEMENT
SDHRU1992
WITH THE TATE IVISION OF ISTORIC ESOURCES TO PDATE A
IRCAS ....................................... 11
NDIAN IVER OUNTYWIDE RCHAEOLOGICAL URVEY
8.A.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE ................................................................................... 12
September 12, 2006
2
9.PUBLIC ITEMS - ........................................................................................ 12
A.1PUBLIC HEARINGS - THOMAS WILMOTH’S REQUEST FOR
TH
ABANDONMENT OF THE PORTION OF 14 STREET SW
ND
EAST OF 32 AVENUE SW.................................. 12
LEGISLATIVE
()
9.A.2.CONTINUED PUBLIC HEARING FROM MEETING OF
AUGUST 22, 2006: VALUE CONCEPTS, INC.’S REQUEST FOR
SPECIAL EXCEPTION USE APPROVAL TO CONSTRUCT A
WIRELESS COMMUNICATIONS TOWER ( ... 13
QUASI-JUDICIAL
)
9.A.3HEON YOUNG KIM’S REQUEST FOR SMALL SCALE
COMPREHENSIVE PLAN FUTURE LAND USE MAP
AMENDMENT APPROVAL TO REDESIGNATE .52 ACRES
FRP, L-2 TO C/I; AND TO REZONE THOSE .52 ACRES FROM
RS-6 TO CG () ................................................................. 20
LEGISLATIVE
9.B.PUBLIC DISCUSSION ITEMS ................................................................ 22
1.REQUEST TO SPEAK FROMBRIANM.SEYMOUR,GUNSTER
YOAKLEY,REGARDINGSEBASTIANRIVER160PARK,LLC,MT
VEROHOLDINGSLLCANDBENTPINELLC–SETTLEMENT ................. 22
2.TRAFFICIMPACTCONSULTANT–FINALREPORT ................................... 25
9.C.PUBLIC NOTICE ITEMS - NONE .......................................................... 31
1.NS19,2006PHOA
OTICE OF EPTEMBER UBLIC EARING RDINANCE MENDING
DAWAP
THE EFINITION OF LLOWABLE ATER CTIVITIES IN A ARK OR
RA(L) ..................................................................... 31
ECREATIONAL REA EGISLATIVE
2.PNS19,2006PHR
UBLIC OTICE OF EPTEMBER UBLIC EARING TO EPEAL
S305.09CEFD
ECTION OF THE ODE TO LIMINATE THE INE UNDER THE ORI
SDESA(L)................................. 32
LOSBERG RIVER DUCATION AFETY CT EGISLATIVE
September 12, 2006
3
10.COUNTY ADMINISTRATOR’S MATTERS - NONE ......................... 32
11.A.COMMUNITY DEVELOPMENT - NONE ............................................ 32
11.B.EMERGENCY SERVICES - NONE ........................................................ 32
11.C.GENERAL SERVICES - NONE ............................................................... 32
11.D.HUMAN RESOURCES - NONE .............................................................. 32
11.E.HUMAN SERVICES - NONE ................................................................... 32
11.F.LEISURE SERVICES - NONE ................................................................. 32
11.G.OFFICE OF MANAGEMENT AND BUDGET - NONE ...................... 32
11.H.RECREATION - NONE ............................................................................. 32
11.I.1PUBLIC WORKS – APPROVAL OF PROFESSIONAL SERVICE
AGREEMENTS FOR ANNUAL CIVIL ENGINEERING
SERVICES CONTRACT, ON AN ON-GOING BASIS ........................ 33
11.I.2WORK ORDER NO. 1 TO THE PROFESSIONAL CIVIL
ENGINEERING SERVICES AGREEMENT WITH ARCADIS
RD
G&M INC., FOR WIDENING 43 AVENUE FROM OSLO
TH
ROAD TO 8 STREET ............................................................................. 33
September 12, 2006
4
TH
11.I.3PROPERTY ACQUISITION, 6478 85 STREET (CR510) – CR
510 WIDENING AND IMPROVEMENTS, COUNTY PROJECT
NO. 0610, JULIE A. KHAN, OWNER ..................................................... 34
11.I.4AMENDMENT NO. 8 TO THE PROFESSIONAL
ENGINEERING/LAND SURVEYING SERVICES AGREEMENT
WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR OSLO
ROAD WIDENING PHASE I FROM WEST OF OLD DIXIE
TH
HIGHWAY TO 27 AVENUE ................................................................ 34
11.J.1UTILITIES SERVICES – INDIAN RIVER DRIVE – NORTH
PETITION WATER INDIAN RIVER COUNTY PROJECT NO.
UCP-2632, PRELIMINARY ASSESSMENT RESOLUTIONS I
AND II ........................................................................................................... 35
11.J.2.ORANGE HEIGHTS WATER SERVICE INDIAN RIVER
COUNTY PROJECT NO. UCP-2563, RESOLUTION IV – FINAL
ASSESSMENT ............................................................................................. 36
11.J.3NORTH COUNTY REVERSE OSMOSIS PLANT – CAMP
DRESSER MCKEE (CDM) AMENDMENT NO. 3 TO WORK
ORDER NO. 1 FOR ADDITIONAL PROFESSIONAL SERVICES
IN PERMITTING, CONTRACT DOCUMENTS & BIDDING
ASSISTANCE .............................................................................................. 37
11.J.4AMENDMENT NO. 2 TO WORK ORDER NO. 1 WITH
ECOTECH CONSULTANTS, INC. FOR PERMITTING
SERVICES FOR THE SPOONBILL MARSH SITE ............................ 37
12.COUNTY ATTORNEY .............................................................................. 38
September 12, 2006
5
13.COMMISSIONERS’ ITEMS .................................................................... 39
A.CHAIRMAN ARTHUR R. NEUBERGER - NONE .............................. 39
B.VICE CHAIRMAN GARY C. WHEELER - NONE.............................. 39
C.COMMISSIONER SANDRA L. BOWDEN - NONE ............................ 39
D.COMMISSIONER WESLEY S. DAVIS - NONE .................................. 39
E.COMMISSIONER THOMAS S. LOWTHER - NONE ......................... 39
14.A.EMERGENCY SERVICES DISTRICT AND BOARDS ...................... 39
A.ESD ............................................................................ 39
MERGENCY ERVICES ISTRICT
1.ESS3,DCON.2 .............. 39
MERGENCY ERVICES TATION EDUCTIVE HANGE RDER O
2.ESS5,DCON.2 .............. 39
MERGENCY ERVICES TATION EDUCTIVE HANGE RDER O
14.B. SOLID WASTE DISPOSAL DISTRICT ................................................. 39
1.AMJ12,2006 ................................................................. 40
PPROVAL OF INUTES ULY
2.AMS6,2006 ......................................................... 40
PPROVAL OF INUTES EPTEMBER
3.IRCI’RSW
NDIAN IVER ORRECTIONAL NSTITUTIONS EQUEST FOR OLID ASTE
AA ..................................................................................... 40
SSESSMENT DJUSTMENT
4.ABAIRCB#2006098,GT
PPROVAL OF ID WARD FOR ID RAPPLE RUCK WITH
KTL,UD/SW
NUCKLEBOOM RASH OADER TILITIES EPARTMENT OLID ASTE
DD ................................................................................................. 40
ISPOSAL ISTRICT
14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 40
15.ADJOURNMENT ....................................................................................... 40
September 12, 2006
6
September 12, 2006
7
September 12, 2006
MEETING OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY
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, September 12, 2006, at 9:00 a.m. Present were Chairman Arthur R. Neuberger, Vice
Chairman Gary C. Wheeler, Commissioners Sandra L. Bowden, Wesley S. Davis, and Thomas S.
Lowther. Also present were County Administrator Joseph A. 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
Reverend Ray Huddle, Church of Redeemer Lutheran Church, delivered the
Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Arthur R. Neuberger led the Pledge of Allegiance to the Flag.
September 12, 2006
1
4. ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY
ITEMS - NONE
1. Correction to Item 9.A.1 (page 172)
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
change to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS – NONE
6. APPROVAL OF MINUTES – NONE
7. CONSENT AGENDA
Commissioner Bowden asked to pull, for discussion, Items 7.B, 7.J, 7.N, and 7.Q.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Wheeler, to approve the
Consent Agenda, as amended.
September 12, 2006
2
7.A. AW–A25-31,2006
PPROVAL OF ARRANTS UGUST
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
the time period of August 25-31, 2006, as requested.
7.B. RAPZ
ESIGNATION AND PPOINTMENT TO THE LANNING AND ONING
C(P&Z)
OMMISSION
Commissioner Bowden was unhappy with “the tone” of a newspaper article she read
regarding this matter. She discussed appointments to County Boards and thanked members who
serve on these Boards. She also thanked Commissioner Lowther for his expertise and leadership
in service to the Board.
MOTION WAS MADE by Commissioner Bowden,
SECONDED by Commissioner Davis, to accept the
resignation of Mr. Bob Bruce and approved the
appointment of Mr. Richard D. Cahoy as the District 2
Appointee to the Planning and Zoning Board.
7.C. AAAC
PPOINTMENT TO THE GRICULTURE DVISORY OMMITTEE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the appointment of Dr. Dan Chellemi as the Irrigation
appointee to the Agriculture Advisory Committee,
September 12, 2006
3
replacing Mr. Ralph Lindsey, as recommended in the
memorandum of September 6, 2006.
7.D. O--CTAFA
UTOFOUNTY RAVEL TO TTEND THE LORIDA SSOCIATION
C2006-2007LPC
OF OUNTIES EGISLATIVE OLICY OMMITTEE
M–S27-29,2006
EETINGS EPTEMBER
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
out-of-County travel for Commissioners and staff to attend
the Florida Association of Counties 2006-2007 Legislative
Policy Committee Meetings September 27-29, 2006 at the
Sheraton Sand Key in Pinellas County, as recommended in
the memorandum of September 1, 2006.
7.E. EGIS(GIS)
NTERPRISE EOGRAPHIC NFORMATION YSTEMS
PS–SWO#2
URCHASE OF OFTWARE UPPLEMENTAL ORK RDER
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Supplemental Work Order Number 2 to the Professional
Services Consulting Agreement with Geographic
Technologies Group, and authorized the County
Administrator to execute same, as recommended in the
memorandum of August 25, 2006.
September 12, 2006
4
7.F. SM23L.L.C.’SRFPA
AM ESSINA EQUEST FOR INAL LAT PPROVAL
STE
FOR A UBDIVISION TO BE KNOWN AS HE NCLAVE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously granted
final plat approval for the Enclave Subdivision with
recordation of the mylar only after the letters of credit have
been received, reviewed, approved and validated by the
County Attorney’s office and the contracts have been
executed by the County Administrator, as recommended in
the memorandum of September 5, 2006.
7.G.R&DW’RPR
OBERT ENISE EBSTERS EQUEST FOR ARTIAL ELEASE OF
E524095S(L5,TRBC
TH
AN ASEMENT AT TREET OT HE IVER OAT LUB
S)
UBDIVISION
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Resolution 2006-120 releasing a portion of an easement on
Lot 5 of the River Boat Club Subdivision.
September 12, 2006
5
7.H.GHVDLLCRPR
ERO EVELOPMENT EQUEST FOR ARTIAL ELEASE OF
E2218FC(L21,TF
AN ASEMENT AT ALLS IRCLE OT HE ALLS AT
GHP29)
RAND ARBOR LAT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Resolution 2006-121 releasing a portion of an easement on
Lot 21, The Falls at Grand Harbor Plat 29.
7.I.IRCJEPCO#4–V
AIL XPANSION ROJECT HANGE RDER IDEO
VS
ISITATION YSTEM
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
AIA Change Order #4, establishing the Video Visitation
Guaranteed Maximum Price of $792,841.00 for the IRC
Jail expansion project and authorized the Chairman to
execute the documents; authorized the procedures for
managing the progress payments for Change Order #4, and
approved that Payment and Performance Bonds be required
at 100% of the cost of construction, as recommended in the
memorandum of September 5, 2006.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
September 12, 2006
6
7.J.ACON.16NC
CCEPTANCE OF HANGE RDER O FOR THE EW OUNTY
AB
DMINISTRATION UILDINGS
Commissioner Bowden appreciated the update on the Administration building and
questioned whether the potential for leakage, mentioned in the report, was a design flaw in the wall
height of the towers. She inquired whether the Architect or the County would foot the bill and
wanted to be updated on any other design flaws.
Project Manager Steve Blum explained that it was a feature that was always a bit
difficult, but with the combination of the main roof of the building and the meeting of the tower
roofs they decided to go ahead and make this change to prevent any future problems. He added
that the County would cover the cost to make the change.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Change Order No. 016 and authorized the County
Administrator to execute same, as recommended in the
memorandum of September 6, 2006.
7.K. MBA023
ISCELLANEOUS UDGET MENDMENT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Resolution 2006-122 amending the fiscal year 2005-2006
Budget.
September 12, 2006
7
7.L.OR/L“J”CBRC
SLO OADATERAL ANAL RIDGE EPLACEMENT HANGE
ON.4–60”RCPRFR
RDER O EALIGNMENT AND INAL OADWAY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Change Order No. 4 – 60” RCP realignment and final
roadway, with Lucas Marine Construction, Inc., with
funding as specified and as recommended in the
memorandum of August 22, 2006.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.M.ABAIRCB#2007003(AB
PPROVAL OF ID WARD FOR ID NNUAL ID
CSAP)PW
FOR ORRUGATED TEEL AND LUMINIUM IPE UBLIC ORKS
D/R&BD
EPARTMENTOAD RIDGE IVISION
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
the Bid to Contech Construction Products, Inc., as the
lowest and most responsive bidder meeting the
specifications as set forth in the Invitation to Bid;
authorized the Purchasing Division to issue blanket
purchase orders or individual job purchase orders, as
needed, for the period of October 1, 2006 through
September 30, 2007 with the recommended bidder; and,
authorized the Purchasing Manager to renew this bid for
two (2) additional one (1) year periods subject to
September 12, 2006
8
satisfactory performance, zero cost increase, vendor
acceptance and the determination that renewal of this
annual contract is in the best interest of Indian River
County, all as recommended in the memorandum of
September 5, 2006.
7.N.PR–NCAB
ROGRESS EPORT EW OUNTY DMINISTRATION UILDINGS
NEOC
AND EW MERGENCY PERATIONS ENTER
Commissioner Bowden sought clarification of language/terminology in the
Schedule (page 103, Progress Report) that reads, “ … may require a modest time extension, at least
a provisional time extension.”
Project Manger Steve Blum explained there are always concerns at the end of a job
where things might get out of sequence hence the possibility of a request for time extension.
MOTION WAS MADE by Commissioner Bowden,
SECONDED by Commissioner Davis, to approve staff’s
recommendation.
A brief discussion ensued regarding the date of completion.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board accepted the progress
report as presented and as recommended in the
memorandum of September 6, 2006
September 12, 2006
9
7.O. ARR-I911
PPROVAL OF ESOLUTION EAUTHORIZING MPOSITION OF
F
EE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Resolution 2006-123 providing for the establishment of a
countywide “911” telephone fee to pay for system charges;
providing for severability; providing for inclusion in the
Indian River County Administrative Code; and providing
for an effective date.
7.P.ASFFS
PPROVAL OF TATE AND EDERALLY UNDED UBGRANT
ACN07BG-04-10-40-01
GREEMENT ONTRACT UMBER
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the FY 06/07 EMPA portion of the State Funded Subgrant
Agreement and funds to be allocated as follows:
1. Continued funding of the salaries and benefits of the
existing Emergency Management Planner position detailed
in the 001-238 General Fund budget account and the
expenditures of the remaining funds to be determined at a
later date (EOC project).
The Board also authorized the Director of Emergency
Services John King as the contract manager for this
agreement, as recommended in the memorandum of August
31, 2006.
September 12, 2006
10
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.Q. BCAC-SG
OARD ONSIDERATION TO PPROVE A OSTHARE RANT
ASDHR
GREEMENT WITH THE TATE IVISION OF ISTORIC ESOURCES
U1992IRCA
TO PDATE A NDIAN IVER OUNTYWIDE RCHAEOLOGICAL
S
URVEY
Commissioner Bowden noted that the County’s match for this Grant was not quite
50/50 and inquired why this update was needed, and if it would go for salary.
Community Development Director Bob Keating replied that it does not go to staff
salary but would go towards hiring a consultant. He briefly explained the need for the Grant and
the principal result of the archaeological study done in 1992.
Commissioner Davis provided explanation as to his knowledge and understanding
of the matter. Discussion ensued regarding architecture, sand mines, and artifacts.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Grant Award Agreement and authorized the County
Administrator to sign the agreement and other related grant
documents on behalf of the County, as recommended in the
memorandum of September 5, 2006.
COPY OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
September 12, 2006
11
8.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
9. PUBLIC ITEMS -
A.1 PUBLIC HEARINGS - THOMAS WILMOTH’S
TH
REQUEST FOR ABANDONMENT OF THE PORTION OF 14
ND
STREET SW EAST OF 32 AVENUE SW
LEGISLATIVE
()
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling explained that this was a request to abandon a
segment of right-of-way (a paper street) located in the south County. He reviewed his
memorandum of September 5, 2006 through a slide presentation and outlined the sites and
surrounding areas involved. He noted that County staff and utility providers have reviewed the
Petition and determined that the specific right-of-way segment is not needed for access to any of
the lots within Grovenor Estates as they all have frontage and access from the other roads. He
asked the Board to approve staff’s recommendation to retain the 20-foot wide drainage and utility
easement down the center of the existing 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 Davis, The Board unanimously approved
Resolution 2006-124 providing for the closing
abandonment, vacation, and discontinuance of a portion of
September 12, 2006
12
thnd
14 Street SW lying east of 32 Avenue SW in Grovenor
Estates Unit 2A reserving a 20 foot drainage and utility
th
easement lying 10 feet on both sides of the centerline of 14
Street SW, said land lying in Indian River County, Florida.
9.A.2. CONTINUED PUBLIC HEARING FROM MEETING OF
AUGUST 22, 2006: VALUE CONCEPTS, INC.’S REQUEST
FOR SPECIAL EXCEPTION USE APPROVAL TO
CONSTRUCT A WIRELESS COMMUNICATIONS TOWER
(
QUASI-JUDICIAL
)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling recapped his report from the prior public hearing on
August 22, 2006. He noted that Father Crowley’s request to have the item postponed to today did
not change staff’s recommendation.
The Chairman opened the Public Hearing.
Father John Crowley
, Pastor of St. John of the Cross Catholic Church, was
concerned with the safety aspect of radio frequency radiation. He expressed the Church’s plans to
build a school near the site location of the proposed tower and was concerned with danger and
exposure to radiation especially for the children. He suggested Nextel locate the tower
approximately 2 miles north (agricultural area) in an unpopulated area.
Chairman Neuberger inquired if staff had done any research on radio frequency
radiation.
September 12, 2006
13
County Attorney Collins explained the provisions of the Telecommunications Act
of 1996, which sets the National Policy regarding wireless telecommunications siting. He cited
provisions of the Act, which states, in part, “No State or Local Government may regulate personal
wireless service facilities on the basis of the environmental effects of radio frequency emissions to
the extent that such facilities comply with the Commission’s regulations concerning such
emissions.” Therefore, the Board could not regulate placement of the tower based on the effect of
radio frequency radiation, he opined.
Commissioner Lowther asked if the Board could decide not to have the tower at that
location.
Attorney Collins pointed out that based on staff’s recommendation there was no
indication that the applicant did not meet all the criteria and in that instance it has to be approved.
Discussion ensued regarding regulations and FCC standards, safety factors from
aerial spraying if the tower was placed in an agricultural area, and cell phone radiation versus radio
frequency radiation.
FatherRichard LaCorte
, Assistant Pastor, St. John of the Cross Catholic Church,
did not question the legality of the issue but because there was no hard evidence, he felt
presumption has to be in favor of no knowledge. He asked to be corrected in his assumption that
there is nothing to prevent other devices from being attached to the tower (thereby increasing the
amount of radiation, which would be even more serious) in the future because the contract is an
open ended one.
Director Boling replied that the assumption was correct. He stated that the County’s
regulations in the wireless master plan encourage and require multiple users to limit the number of
towers and this tower could have three (3) wireless providers on it.
September 12, 2006
14
Father Crowley
askedwhy should they take the risk since there was no certitude on
the damage created by radiation. He again asked that the tower be moved to another mile and a
half away and not jeopardize the lives of young kids and elders.
Lannie Greene,
representative of Nextel, discussed coverage needs that would not
be met if they relocate the tower. He also addressed the matter of radiation and read portions of the
American Cancer Society Study regarding radio frequency waves, which it compares to the same
as in our microwave ovens.
Dr. Cynthia Consalo
, resident, and member of the Governor’s Council on
Excellence in Long-term Care, spoke on the factors of radiation, one of which is what the media
says. She recalled an article in the morning newspaper regarding microwave popcorn that induces
cancer. She expressed that it was the Governor’s and the Council’s concern that the “quality of life
and dignity of this fragile population” be maintained.
th
Ken Shearn,
7300 20 Street, #616 Village Green, was concerned with the radius
of radiation and its long-term effect. He suggested the use of eminent domain to move the tower.
Mr. Greene
commented on the study mentioned by Father Crowley and his
suggestion that the tower needed to be a mile or two away from populated areas. If that was the
case, he said, they would not have any wireless coverage anywhere except for rural areas. He
argued that the tower does pose a public good, in that, it is critical for some of their customers.
Further, Nextel would comply with FAA and FCC rules and Indian River County ordinance as
well.
Chairman Neuberger asked what would result if the Board denied the application
and asked Nextel to move a mile north.
September 12, 2006
15
Mr. Greene
responded that it would damage their coverage and there was a lot more
involved than just relocating.
Discussion ensued regarding moving further north and areas to be covered.
Commissioner Lowther believed they should look towards serving the need of the people.
Mr. Greene
asked that the hearing be deferred to the next BCC meeting so he could
bring his technical support experts to present different scenarios of relocating and to show what the
tower would look like if is moved a mile away.
Commissioner Davis asked Attorney Collins what would happen if the Board denies
the application.
Attorney Collins explained that the applicant would have the option of looking for
another piece of property or going to court.
Discussion ensued on whether to deny the request, the consequences, and
collocation.
Commissioner Lowther suggested a motion could be made to deny and have Nextel
move the tower further west.
Mr. Greene
again requested that Nextel be given the same courtesy extended to
Father Crowley, to return to the Board with more information on why another location would not
work, before contemplating a denial of their application.
thth
Mr. Shearn
inquired of the height of the towers on 12 and 8 Street. Director
Boling replied about 280 feet.
September 12, 2006
16
Dennis (last name unclear)
asked if additions could be made to the height of the
280-foot tower. Director Boling informed that it could be done but not without going through the
application process again.
Mr. Greene
responded regarding the height of tower being extended in the future.
Discussion ensued regarding Nextel’s specific need for tower heights.
Father LaCorte
asked the Board to take tower heights into consideration as well.
Mary Martin
, representing Pine Creek Condominium, trusted that the Board would
study the issue and make the right decision for residents.
Bob Johnson
, Coral Wind Subdivision, pointed out that Nextel’s website showed
that there is adequate coverage for Indian River County. This is an upgrade to their system, which
indicates there is no deficit in coverage at this location and as such seemed like the tower is not
needed.
Mr. Greene
reported that Nextel has about a half million-dollar investment in this
tower and if there were no need to build or if they could have collocated on another tower they
would not be doing this.
Bill Valyo,
Building Chairman at St. John’s, stated that Nextel may have a half
million but they have a $6 million investment, which justified their presence at the hearing.
Mr. Shearn
thought the information from the Internet was interesting. He asked the
Board not to give Nextel the tower if they do not need it and let them take us to court and use
Nextel’s words against them.
September 12, 2006
17
Geraldine Simmons
, Heritage Plantation, asked the Board not to base its decision
on money because health cannot be bought.
Ms. Consalo
, Indian River Estates, commented that radiation has not been studied
systematically and urged the Board to deny the application.
George Reardon
wholives in the vicinity of the proposed tower hoped the Board
would not be swayed by big bucks.
Gene Mesley
believed that we need technology in our world today and that we must
share a world of concerned leaders and parents. However, he had a safety concern and asked the
Board to consider what they were doing for “young America”.
Dennis
reiterated prior comments that if we allow Nextel to erect a tower, who is to
say that other communications companies would not want to erect towers themselves.
Ed Garthwait,
Spanish Lakes Fairways, Fort Pierce, also a member of St. John’s
Church, was concerned for people’s safety. He inquired if this was a change of use for the
property.
Director Boling explained that this is a special exception use request that will only
affect a small portion of the site and there are criteria to be met.
John Connoly, ,
Grove IsleSt. John’s parishioner, spoke of cell phone radiation and
its effects on his heart/pacemaker.
Trista Patton
, Parishioner of St. John’s, was aware of the need for coverage but
opposed the tower out of concern for her young child who attends St. John’s. She felt there were
enough alternatives to deny the request.
September 12, 2006
18
Guy Mastrangle
, Spanish Lakes Fairways and Parishioner of St. John’s, recited an
ancient axiom (Latin) “Salus populi supremo lex” – translated “the safety of the people is the first
law.”
There were no other speakers and the Chairman closed the Public
Hearing.
MOTION WAS MADE by Commissioner Lowther,
SECONDED by Commissioner Bowden, for discussion, to
deny the application for the tower.
The Board discussed population issues, the needs of the people and public safety
issues. Commissioner Bowden felt that Nextel should be given another opportunity to return and
explain themselves. Commissioner Davis did not believe Nextel experts could bring much more
light to the situation.
th
Commissioner Wheeler read laws of the 104 Congress of the United States
regarding regulation of personal wireless service facilities on the basis of environmental effects of
radio frequency emissions. He noted that they (Commissioners) have all taken an oath to uphold
the law and did not think they were in a position to make decisions otherwise and that they should
not make decisions on emotions. He sympathized with expressed concerns but felt he had no
options based on what he had heard and read.
Commissioner Davis wanted to see the tower further away from population with an
increased coverage area. Commissioner Lowther discussed objections with the Federal
Government laws but thought this situation was different because of people’s safety.
September 12, 2006
19
Commissioner Bowden clarified that she did not second the Motion based on
radiation. She agreed with Commissioner Davis’ comments and was interested in having Nextel
come back and speak with the Board. She asked if there was another site for them to look at.
Discussion ensued regarding 800 MHz frequency. Commissioner Wheeler felt that
if the Board was contemplating denial, it was only fair to continue this matter at Mr. Greene’s
request.
Chairman Neuberger addressed comments heard throughout the discussions. He did
not see the matter as a big threat and would like to see the tower moved back. He recalled that an
Attorney had told him, long ago, to base his decision on competent substantial evidence.
The Chairman CALLED THE QUESTION and the
MOTION carried by a vote of 3-2 (Commissioners
Neuberger and Wheeler opposed) to deny Value Concepts
Inc.’s request for Special Exception Use approval to
construct a wireless communications tower at the proposed
site.
The Chairman called a break at 10:37 a.m. and reconvened the meeting at 10:47 a.m with all
members present.
9.A.3 HEON YOUNG KIM’S REQUEST FOR SMALL SCALE
COMPREHENSIVE PLAN FUTURE LAND USE MAP
AMENDMENT APPROVAL TO REDESIGNATE .52 ACRES
September 12, 2006
20
FRP, L-2 TO C/I; AND TO REZONE THOSE .52 ACRES
FROM RS-6 TO CG ()
LEGISLATIVE
Community Development Director Bob Keating said this is a proposed small-scale
land use amendment and a rezoning. He explained “small scale amendment” and recapping his
memorandum of August 15, 2006. Staff feels the proposed change would be consistent with the
Comprehensive Plan and recommended that the Board approve the request. Planning and Zoning
also voted 6-0 for the Board to approve. Director Keating answered questions from the Board
regarding other properties in the area.
The Chairman opened the Public Hearing
.
Michael O’Hare, Esquire,
representing the Applicant, provided a brief history of
his involvement with the project and invited questions from the Board.
Bob Johnson
thought this was a good example of rezoning, when the Commission
is informed of all the circumstances of what would happen to property when it is rezoned. The
Board should in the future obtain more information on rezoning before decisions are made, he said.
On Motion by Commissioner Lowther, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
the following Ordinances:
Ordinance 2006-026 amending the future land use element
of the Comprehensive Plan by changing the land use
designation for more or less .52 acres located east of US
st
Hwy 1 and approximately 470 feet north of southeast 21
Street, from L-2, low-density residential-2 (up to 6
September 12, 2006
21
units/acre), to C/I, commercial industrial; and providing
codification, severability, and effective date.
Ordinance 2006-027 amending the Zoning Ordinance and
Zoning Map for more or less .52 acres located east of US
st
Hwy 1 and approximately 470 feet north of southeast 21
Street, from RS-6, single family residential district (up to 6
units/acre), to CG general commercial district; and
providing codification, severability, and effective date.
9.B. PUBLIC DISCUSSION ITEMS
1. REQUEST TO SPEAK FROMBRIANM.SEYMOUR,
GUNSTERYOAKLEY,REGARDINGSEBASTIANRIVER160
PARK,LLC,MTVEROHOLDINGSLLCANDBENTPINE
LLC–SETTLEMENT
Brian Seymour, Esquire
, GunsterYoakley, Attorneys-at-Law, spoke about the
proposal for settlement of three “Harris” Claims (Bert J. Harris Act) they filed on behalf of their
clients. He introduced Martin Tabor from MT Holdings and Bent Pine LLC and Larry Deddy
from Sebastian.
Martin Tabor
, Real Estate Developer in Martin County, spoke about property he
purchased in Indian River County in 2004 and time he spent understanding the rules of the County.
He felt the County has the strictest Comprehensive Plan in the State, second only to Martin
County. Mr. Tabor said he was “here to correct a terrible wrong” which he believed has occurred.
He explained that at the closing on the two (2) Bent Pine properties and the MT Vero Holdings
September 12, 2006
22
property, he filed applications for site plan approval, and the plans were approved in December
2005, a year after the closing. Thereafter, his Engineers submitted checks for prepayment of
concurrency in accordance with the standard policy and customs of the County, but the Board
rejected the checks, due to a proposed policy change. He felt the policy was unjust and explained
why he had to file Claims under the Bert J. Harris Act to protect his rights. He discussed
contractual obligations that he has to meet and asked the Board to be fair and correct this wrong
before his ability to obtain bank financing is destroyed. He proposed a fair settlement and handed
copies of the proposal to Board members. He reviewed the basic points of the settlement by way
of a slide presentation.
Commissioner Davis thought the Board should have an “executive session” to be
informed in light of the lawsuit. Attorney Collins did not think they could have a shade session at
that time.
Mr. Larry Deddy
from Sebastian River Park expressed that all that Mr. Tabor said
applied to his Park. He also was seeking fairness from the County, as they have followed all the
rules of Law. He outlined his obligations and gave a brief history of the project from the onset.
Mr. Seymour
felt the proposed settlement was a reasonable way to resolve the
matter.
Attorney Collins provided a brief background of Mr. Seymour’s lawsuits and
discussed the proposed settlement. He was concerned with the proposal that the fees required to
vest concurrency be paid no later than 30 days after the land development permit.
Mr. Tabor
responded to comments of jumping ahead of others reiterating a Judge’s
comments that there are no damages until you get the building permits.
September 12, 2006
23
Commissioner Davis sought clarification from Attorney Collins regarding vesting
and concurrency and where to draw the line.
County Administrator Baird thought that the line of discussions between
Commissioner Davis and the County Attorney should be made at a Shade Meeting. Mr. Seymour
did not object.
Attorney Collins stated that Notice of an Attorney-Client session has to be given.
Discussion ensued on giving notice and whether the session could be held next week.
Administrator Baird suggested taking a break and giving Attorney Collins an opportunity to
research the matter.
The Chairman called a break at 11:39 a.m. to allow the County Attorney
to review the requirements for holding an Attorney-Client session at the September
19, 2006 BCC meeting. The Chairman reconvened the meeting at 11:50 a.m. with
all members present.
Attorney Collins addressed the scheduling of an Attorney-Client session explaining
the law and certain requirements that should be met, one of which is to give reasonable public
notice.
Discussion ensued regarding reasonable public notice, issuance of building permits,
and staff’s ability to bring back information at short notice.
There was consensus with all parties to schedule the
Attorney-Client session for next Tuesday.
No Board action taken.
September 12, 2006
24
2. TRAFFICIMPACTCONSULTANT–FINALREPORT
Assistant Public Works Director Chris Mora presented an update of the Traffic
Impact Consultant’s Report (copy on file in the office of the Clerk to the Board). He introduced
Joe McMahon, Registered Professional Engineer of McMahon & Associates, who prepared the
Report. Through a PowerPoint presentation he reviewed the Consultant’s recommendations as
presented in his memorandum of September 5, 2006 and asked the Board to accept staff’s
recommendation (Alternative 1) authorizing staff to initiate amendments to the applicable Land
Development Regulations. Mr. Mora also recapped and discussed the seven (7)
Recommendations (Nos. 4, 5, 8, 9, 10, 18, 20 and 21) that the Planning & Zoning Commission
(P&Z) did not agree with and asked the Board to approve them.
Donna Keys, Chairperson of the Planning & Zoning Commission,
answered
questions from the Board regarding opposition to the aforementioned recommendations.
Lengthy discussion ensued on whether to count all trips and/or vested trips, adding
‘ghost’ trips, and assignment of trips.
Consultant Joe McMahon
gave reasons for his recommendations.
County Administrator Baird commented that if they decided to go with P&Z
recommendations it could not be done overnight. Discussion continued on how to count trips that
have been approved without crashing the system, and definition of a ‘ghost’ trip. Discussion also
centered on long-range transportation plan, road improvements and future projections.
September 12, 2006
25
Mr. McMahon
in response to Commissioner Lowther’s question explained that
Palm Beach County does it the same way as his recommendations. He provided more clarity using
Palm Beach, Miami/Dade and Broward Counties as examples pointing out the differences as well.
Commissioner Davis responded to Director Keating’s question on how far back they
should go. He wanted to be able (from information he has) to determine, well in advance, what is
required to be done and the possible alternatives for resolving matters. Commissioner Bowden
thought that was a fairly reasonable expectation because of past mistakes.
Recommendation # 4:
Approved Project Trips (page 242 of backup)
MOTION WAS MADE by Commissioner Davis,
SECONDED by Chairman Neuberger, to count non-vested
trips in aggregate of the approved subdivisions in Indian
River County, for planning purposes, but only count
vesting for concurrency.
Commissioner Davis clarified his Motion for Commissioner Bowden. Attorney
Collins understood what Commissioner Davis was suggesting but thought it probably
would be a little more labor intensive.
The Chairman CALLED THE QUESTION and the
MOTION carried unanimously.
Recommendation #5:
Peak Hour Analysis
September 12, 2006
26
Mr. Mora gave examples and explained why staff chose to go with p.m. trip counts only.
Mr. McMahon
explained why he recommended using both roadway (link) traffic counts
\[morning (a.m.) and afternoon (p.m.) peak hour analyses\].
MOTION WAS MADE by Commissioner Davis,
SECONDED by Chairman Neuberger, to approve staff’s
recommendation.
David Hall
, Vero Beach, was concerned that the Board was making motions without
public input. He questioned the height limitation on buildings in the five counties, and the
densities of the overall acreage that resulted in the numbers mentioned.
Mr. McMahon
replied they were not making recommendation on changing densities in
this county; they were looking at traffic methodologies only.
The Chairman CALLED THE QUESTION. The Board
unanimously approved to maintain Indian River County
current practices of P.M. trip counts only.
Recommendations # 8, 9:
Deminimis / Link Assignments
Mr. Mora explained the Consultant’s recommendation, which staff did not agree with. He
felt the County’s current practice is very restrictive in comparison to the Consultant’s
recommendation, which he described as “way too lenient”. Planning and Zoning Commission
voted 4-3 to maintain our current practice. Staff believed a compromise might be the better way to
September 12, 2006
27
go, as the current way was too tedious, costly and time-consuming. Staff recommended 10 peak
hour trips (2 lanes) or 15 peak hour trips (4 + lanes).
Mr. Mora responded to questions from the Board regarding increase of peak hour trips. The
Consultant endorsed staff’s recommendation for 10 or 15 trips based on the reasons Mr. Mora
gave.
MOTION WAS MADE by Commissioner Lowther,
SECONDED by Commissioner Davis, to approve staff’s
recommendation.
There were no further discussions.
The Chairman CALLED THE QUESTION. The Motion
carried unanimously to approve 10 trips on a 2-lane road, or
15 trips on a 4-lane or wider road for link assignments.
Recommendations #18 and 20:
Maximum Age of Traffic Counts to be allowed in
a study
Mr. Mora reported that staff agreed with the Consultant’s recommendation that traffic
counts used in traffic studies should be no more than one-year-old and asked the Board to accept it.
The Planning and Zoning Commission voted 6-1 to maintain the current practice, to require traffic
September 12, 2006
28
counts 6 months old or newer. Staff believes that a 1-year traffic count, once it is seasonally
adjusted, can be used and is a perfectly good number.
Commissioner Bowden preferred the 6-month standard. Mr. Mora explained the
disadvantages of using the 6-month standard. He also answered questions from the Board as to
what fund this comes out of, whether it was practical or worthwhile and whether staff does traffic
count all year long.
MOTION WAS MADE by Commissioner Lowther,
SECONDED by Commissioner Wheeler, to approve staff’s
recommendations for # 18 and 19.
Joseph Paladin,
Atlantic Coast Construction & Development, thought it was already
being done every 6 months and he would not have a problem staying with 6-month if there was
limitation on the time-span when traffic reports are read and sent back to developers.
More discussion ensued on 1-year or less traffic patterns and link numbers.
Mr. George Christopher,
Planning and Zoning Commission member, did not understand
comments from the Board and sought clarity. He also was concerned with the delay in having
traffic reports returned to developers.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously to approve traffic counts maximum
age to 1-year prior to methodology, once seasonally
adjusted.
September 12, 2006
29
Recommendation #21:
Turn Lanes
Mr. Mora asked the Board to approve staff’s recommendation to maintain the current
practice to require turn lanes only when a specific threshold of turning volumes is met. Planning
& Zoning voted 5-2 to accept the consultant’s recommendation to review on a case-by-case basis
and to require turn lanes for even lower volumes than what we have in our standards.
MOTION WAS MADE by Commissioner Lowther,
SECONDED by Commissioner Davis for discussion, to
approve the Consultant’s recommendation.
Commissioner Davis questioned how the County would apply a standard, and did not think
it should all be left up to staff. Further discussion ensued on case-by-case basis. Administrator
Baird thought they should have regulations.
Ms. Keys
suggested a compromise to establish current criteria as the minimum
standard giving staff the ability to increase or to decrease the number of trips requiring a left turn
lane depending on the situation. She explained what she meant by “depending on the situation”.
Commissioner Lowther withdrew his Motion in favor of Ms. Keys suggestion, to
have limited terms with identifier numbers to make adjustments as seen fit.
MOTION WITHDRAWN
The Chairman asked if that would work for staff. Director Keating said it would not
be staff making the decision all the time; it would be P&Z. His philosophy is that when there is a
decision one has to use criteria to make that decision.
September 12, 2006
30
Mr. Paladin
agreed but thought there should be some provisions about left turn
lanes being built at the proper time.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Bowden, to keep current
threshold in place and give staff latitude to use discretion as
needed.
Ms. Keys
answered questions from the Board explaining Planning & Zoning’s
recommendation.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
The Chairman called a break at 1:42 p.m., and reconvened the meeting at
1:50 p.m., with all members present.
9.C. PUBLIC NOTICE ITEMS - NONE
1.NS19,2006PHO
OTICE OF EPTEMBER UBLIC EARING RDINANCE
ADAWA
MENDING THE EFINITION OF LLOWABLE ATER CTIVITIES IN A
PRA(L)
ARK OR ECREATIONAL REA EGISLATIVE
September 12, 2006
31
2.PNS19,2006PH
UBLIC OTICE OF EPTEMBER UBLIC EARING TO
RS305.09CEF
EPEAL ECTION OF THE ODE TO LIMINATE THE INE
DSDESA
UNDER THE ORI LOSBERG RIVER DUCATION AFETY CT
(L)
EGISLATIVE
The Chairman read the notices into the record.
10. COUNTY ADMINISTRATOR’S MATTERS - NONE
11.A. COMMUNITY DEVELOPMENT - NONE
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
September 12, 2006
32
11.I.1 PUBLIC WORKS – APPROVAL OF PROFESSIONAL
SERVICE AGREEMENTS FOR ANNUAL CIVIL
ENGINEERING SERVICES CONTRACT, ON AN ON-GOING
BASIS
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Neuberger, the Board unanimously
approved the Professional Service Agreement for Annual
Civil Engineering Services on an on-going basis, with
Arcadis G&M, Inc., Carter Associates, Inc., Kimley Horn
& Associates, Inc., and McMahon Associates, Inc., as
recommended in the memorandum of August 28, 2006.
11.I.2 WORK ORDER NO. 1 TO THE PROFESSIONAL CIVIL
ENGINEERING SERVICES AGREEMENT WITH ARCADIS
RD
G&M INC., FOR WIDENING 43 AVENUE FROM OSLO
TH
ROAD TO 8 STREET
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Lowther for discussion, to
approve staff’s recommendation.
rd
Commissioner Lowther had questions on the widening of 43 Avenue to a boulevard
design. Director Keating provided answers.
September 12, 2006
33
The Chairman CALLED THE QUESTION and the Motion
carried unanimously to approve Alternative No. 1,
authorizing the Chairman to execute Work Order No. 1
with Arcadis G&M Inc., with funding as specified and as
recommended in the memorandum of August 28, 2006.
WORK ORDER IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
TH
11.I.3 PROPERTY ACQUISITION, 6478 85 STREET (CR510) – CR
510 WIDENING AND IMPROVEMENTS, COUNTY PROJECT
NO. 0610, JULIE A. KHAN, OWNER
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved
Option 1, the $175,000.00 purchase allowing the CR 510
widening project to commence on schedule, and authorized
the Chairman to execute the Agreement to Purchase and
Sell Real Estate, funding as specified and as recommended
in the memorandum of August 29, 2006.
AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
11.I.4 AMENDMENT NO. 8 TO THE PROFESSIONAL
ENGINEERING/LAND SURVEYING SERVICES
AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES,
September 12, 2006
34
INC., FOR OSLO ROAD WIDENING PHASE I FROM WEST
TH
OF OLD DIXIE HIGHWAY TO 27 AVENUE
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved
Amendment No. 8 in the amount of $142,350.00 with
Kimley-Horn and Associates, Inc. and authorized the
Chairman to execute same, with funding as specified and as
recommended in the memorandum of August 28, 2006.
AMENDMENT NO. 8 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
11.J.1 UTILITIES SERVICES – INDIAN RIVER DRIVE – NORTH
PETITION WATER INDIAN RIVER COUNTY PROJECT NO.
UCP-2632, PRELIMINARY ASSESSMENT RESOLUTIONS I
AND II
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2006-125 providing for water main expansion
along Indian River Drive north (US 1 to the northern end of
the existing County water main) in Indian River County,
Florida; providing the total estimated cost, method of
payment of assessments, number of annual installments,
and description of the area to be served.
September 12, 2006
35
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously approved,
Resolution 2006-126 setting a time and place at which the
owners of properties, located along Indian River Drive
north (US 1 to the northern end of the existing County
water main) in Indian River County, Florida, and other
interested persons, may appear before the Board of County
Commissioners of Indian River County and be heard as to
the propriety and advisability of constructing the water
main extension, as to the cost thereof, as to the manner of
payment therefor, and as to the amount thereof to be
specially assessed against each property benefited thereby.
11.J.2. ORANGE HEIGHTS WATER SERVICE INDIAN RIVER
COUNTY PROJECT NO. UCP-2563, RESOLUTION IV – FINAL
ASSESSMENT
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2006-127 certifying “as-built” costs for
installation of water service to Orange Heights Subdivision
in Indian River County, Florida, and such other
construction necessitated by such project; providing for
formal completion date, and date for payment without
penalty and interest.
September 12, 2006
36
11.J.3 NORTH COUNTY REVERSE OSMOSIS PLANT – CAMP
DRESSER MCKEE (CDM) AMENDMENT NO. 3 TO WORK
ORDER NO. 1 FOR ADDITIONAL PROFESSIONAL
SERVICES IN PERMITTING, CONTRACT DOCUMENTS &
BIDDING ASSISTANCE
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Amendment No. 3 to Work Order No. 1 to CDM Inc., in the
amount of $32,200.00 for additional permitting and bidding
services, and authorized the Chairman to execute said
Amendment, as recommended in the memorandum of
August 14, 2006.
AMENDMENT NO. 3 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
11.J.4 AMENDMENT NO. 2 TO WORK ORDER NO. 1 WITH
ECOTECH CONSULTANTS, INC. FOR PERMITTING
SERVICES FOR THE SPOONBILL MARSH SITE
September 12, 2006
37
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Bowden, the Board unanimously approved
Addendum No. 2 to Work Order No. 1 with Ecotech
Consultants, Inc., in the amount not to exceed $35,640.00
to provide additional permitting services for the Spoonbill
Marsh Site, and authorized the Chairman to execute
Addendum, as recommended in the memorandum of
September 1, 2006.
AMENDMENT NO. 2 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD)
12. COUNTY ATTORNEY
County Attorney Collins informed the Board that in order to hold an Attorney-Client
Session he had to inform County’s outside Counsel and also make a request for the Session to be
held. He then made a formal request for an Attorney-Client Session to be held, regarding the
Sebastian River Holdings, MT Vero and the Bent Pine Preserves for “Harris” Claims, on Tuesday
September 19, 2006 in the County Administrator’s Conference Room. The subject matter for the
Session will be “Settling Negotiations and Getting Advice from Counsel”. Present at the Session
would be Commissioners Arthur R. Neuberger, Sandra S. Bowden, Wesley S. Davis, Thomas S.
Lowther, Gary C. Wheeler, County Administrator Joseph Baird, County’s outside Counsel John
Shubin, (participating via conference call), Assistant County Attorney Bill DeBraal and a Court
Reporter.
Commissioner Davis asked if certain staff members could be in attendance because
they would be speaking about concurrency. Attorney Collins replied only if the law allows it.
Only Chief Executive Officers and Attorneys could attend.
September 12, 2006
38
13. COMMISSIONERS’ ITEMS
A. CHAIRMAN ARTHUR R. NEUBERGER - NONE
B. VICE CHAIRMAN GARY C. WHEELER - NONE
C. COMMISSIONER SANDRA L. BOWDEN - NONE
D. COMMISSIONER WESLEY S. DAVIS - NONE
E. COMMISSIONER THOMAS S. LOWTHER - NONE
14.A. EMERGENCY SERVICES DISTRICT AND BOARDS
The Chairman announced that immediately upon adjournment of the Board of
County Commissioners Meeting, 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.
A. ESD
MERGENCY ERVICES ISTRICT
1.ESS3,DCON.
MERGENCY ERVICES TATION EDUCTIVE HANGE RDER O
2
2.ESS5,DCON.
MERGENCY ERVICES TATION EDUCTIVE HANGE RDER O
2
14.B. SOLID WASTE DISPOSAL DISTRICT
September 12, 2006
39
The Chairman announced that immediately upon adjournment of the Emergency
Services District Board 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.
1. AMJ12,2006
PPROVAL OF INUTES ULY
2. AMS6,2006
PPROVAL OF INUTES EPTEMBER
3. IRCI’RS
NDIAN IVER ORRECTIONAL NSTITUTIONS EQUEST FOR OLID
WAA
ASTE SSESSMENT DJUSTMENT
4. ABAIRCB#2006098,G
PPROVAL OF ID WARD FOR ID RAPPLE
TKTL,U
RUCK WITH NUCKLEBOOM RASH OADER TILITIES
D/SWDD
EPARTMENT OLID ASTE ISPOSAL ISTRICT
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.
15. ADJOURNMENT
September 12, 2006
40
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 1:57 p.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman
Minutes Approved: _________________
BCC/AA/2006 Minutes
September 12, 2006
41