HomeMy WebLinkAbout9/16/2003INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF SEPTEMBER 16, 2003
1. CALL TO ORDER........................................................................................1
2. INVOCATION...............................................................................................1
3. PLEDGE OF ALLEGIANCE......................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS............................................................................................................2
5. UNITED WAY PRESENTATION BY TOM SEGURA
REGARDING COMMUNITY RESOURCE CENTER ..........................2
6. APPROVAL OF MINUTES........................................................................3
7. CONSENT AGENDA...................................................................................3
7.A. APPROVAL OF WARRANTS -AUGUST 29TH TO SEPTEMBER 4, 2003 .............3
7.B PROCLAMATIONDESIGNATING SEPTEMBER 15-19,2003 AS
REHABILITATION WEEK...............................................................................3
7.C. RELEASE OF DEMOLITION LIEN -THOMAS D. BLACKBURN AND
JAMESA. WILLIAMS -LOT 8OFCANNONSUBDIi'ISION .............................4
SEPTEMBER 16, 2003 1
7.D. RELEASE OF RETAINAGE - EAST ROSELAND STORMWATER
IMPROVEMENT PROJECT - WORK ORDER #8- CARTER ASSOCIATES,
INC.............................................................................................................4
7.E. INDIAN RIVER COUNTYHEALTHDEPARTMENT OPERATIONS
CONTRACT RENEWAL FY2003-2004 - STATE OF FL oRIDA
DEPARTMENT OFHEALTH............................................................................5
7.F. CLERK OF COURT - SURPL US ITEMS - TRANSFERRING ITEMS TO
OKEECHOBEE'S COUNTY CLERK -EDWARD BRYNE STATE AND LOCAL
LAWENFORCEMENTASSISTANCEFORMULA GRANT
(EBMS-LLEAFG)...................................................................................... 5
7. G. FINAL PLAT APPROVAL FOR MAZZARELLA SUBDIVISION- OLD DIXIE
HIGHWAYAND 6'AVENUE S. OF 1'ST STREET (MOSBY & ASSOCIATES,
INC.)............................................................................................................6
7.K STATE AID GRANT APPLICATIONAND AGREEMENT- STATE DIVISION
OF LIBRARYAND INFORMATION SER i'ICES................................................. 6
7.I. CITRUS BEST MANAGEMENT PRACTICES - ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT -CONTRACT NO. SG469AA................................ 6
7.J. SDG KINGS, INC - MODIFICATION TO CONTRACT FOR CONSTRUCTION
OFREQUIREDIMPROVEMENTSNO. PD -01 -06 -15 -CFC- THE OAKS
OF VERO -P. D. PHASE 1- CASHDEPOSITAND ESCROWAGREEMENT
7
7.K RESOLUTION2003-103-AUTHORIZATION FOR COMMUNITY
DETIELOPMENT DIRECTOR OR HIS DESIGNEE TO EXECUTE RELEASES
PERTAINING TO ACCESSORYDOCKAGREEMENTS WHERE A
CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED FOR A PRINCIPAL
RESIDENCE................................................................................................... 8
7.L. RESOLUTION2003-104-MISCELLANEO USBUDGETAMENDMENT019
8
7.M. INTERFUNDBORROWINGFOR CASHDEFICITSININDIVIDUAL FUNDS
-BUDGETT.....................................................................................................8
SEPTEMBER 16, 2003 2
9.A.1. PUBLIC HEARING — ORDINANCE 2003-030 — REQUEST TO
REZONE 3.28 ACRES LOCATED ALONG OLD DIXIE
HIGHWAY, APPROXIMATELY 288 FEET NORTH OF 12TH
STREET, FROM CH TO CG (CHRISTI'S FAMILY FITNESS
CENTER — CHAD KELLY)........................................................................9
9.A.2. PUBLIC HEARING — ORDINANCE 2003-031— COUNTY
INITIATED REQUEST TO AMEND THE COMPREHENSIVE
PLAN BY REZONING SIX PROPERTIES TO CON -1; SJ -STICK
MARSH, SJ BERRY, RANCH RESERVE, HALLSTROM
FARMSTEAD, OYSTER BAR MARSH, AND US FISH AND
WILDLIFE (QUASI-JUDICIAL).............................................................10
9.A.3. PUBLIC HEARING — ORDINANCE 2003-032 — COUNTY
INITIATED REQUEST TO REZONE 35.8 ACRES OF LAND
FROM RS -6 TO IG LOCATED AT THE NW CORNER OF 41sT
STEET (SOUTH GIFFORD ROAD) AND 43p' AVENUE; TO
REZONE 25.89 ACRES FROM IL TO CG — PUBLIC WORKS
MAINTENANCE FACILITY; AND TO REZONE 19.61 ACRES
FROM RS -6 TO CG — SHERIFF'S DEPARTMENT AND JAIL
EXPANSION - (LEGISLATIVE) (REZON 2003010175-34823) ..........12
9.B.1. PUBLIC DISCUSSION ITEM..................................................................13
9.C. PUBLIC NOTICE ITEM SCHEDULED FOR PUBLIC HEARING
ON SEPTEMBER 23, 2003........................................................................14
1. BAYER CORPORATION'S REQUEST TO REZONE 181.2 ACRES,
LOCATED AT THE SOUTHEAST CORNER OF 571H STREET AND 58'
A i'ENUE, FRoMA-1 TO RS -6 (RZoN 2003-06-0292) ................................ 14
SEPTEMBER 16, 2003
2. CANCELLATION OF PUBLIC HEARING -MEADOWLARK WOODS
SUBDIVISION WATER SPECIAL ASSESSMENT PROJECT ............................ 14
11.B.1. EMERGENCY SERVICES - APPROVAL OF RENEWAL FOR
FY 2003/05 CLASS "E" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR INDIAN RIVER
COUNTY COUNCIL ON AGING TO PROVIDE WHEELCHAIR
SERVICES...................................................................................................14
11.B.2. EMERGENCY SERVICES - APPROVAL OF RENEWAL FOR A
CLASS "C" CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY FOR COASTAL HEALTH SERVICES OF
BREVARD, INC. TO PROVIDE INTER -FACILITY NEONATAL
TRANSFER WHICH ORIGINATE IN INDIAN RIVER COUNTY ..15
11.C.1. EASEMENT REQUEST - BELLSOUTH
TELECOMMUNICATIONS, INC. - SOUTH 1/20F NORTHEAST
1/40F SOUTHEAST 1/40F SECTION 20, TOWNSHIP 32 SOUTH,
RANGE 39 EAST, LOCATED ON THE WEST SIDE OF 58TH
AVENUE, APPROXIMATELY 660' SOUTH OF 49TH STREET-
SOLICITATION
TREET-
SOLICITATION OF BIDS AUTHORIZED...........................................15
11.C.2. BID #5077 - SOUTH COUNTY REVERSE OSMOSIS WATER
TREATMENT PLANT -EMERGENCY GENERATOR
TRANSFER SWITCH AND SURGE PROTECTION - (REJECT
ALLBIDS)...................................................................................................16
SEPTEMBER 16, 2003 4
11.L1 DEVELOPER'S AGREEMENT -13TH STREET SW BETWEEN
43" AND 58TH AVENUES' PAVING AND RIGHT -OF WAY
ACQUISITION - FOUR LAKES SUBDIVISION - LAKE
HOLDINGS, LLC.......................................................................................17
11.I.2. ANSLEY PARK SUBDIVISION DEVELOPER'S AGREEMENT -
NORTH SIDE OF 13TH STREET SW 27TH AVENUE - SIDEWALK
IMPROVEMENTS - AMENDMENT NO. 1- SHOWCASE
DESIGNER HOMES, L.C. (SAN GEORGE CONTRACTING,
INCJSEACOAST DEVELOPMENT, INC.)...........................................17
11.J.1. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
ALTERNATIVE WATER SUPPLY GRANT APPLICATION FY
2003 - 2004 - ELIMINATION OF REVERSE OSMOSIS
CONCENTRATE INTO THE INDIAN RIVER LAGOON
-UNDERGROUND UTILITIES, INC. (GEORGE E. FRENCH)....... 18
12.A. COUNTY ATTORNEY - INDIAN RIVER COUNTY VS.
MENSING, KIRRIE, ET AL - DRAFT STIPULATION FOR
SETTLEMENT...........................................................................................18
13.A.1. CHAIRMAN KENNETH R. MACHT - JOINT MEETING WITH
SEBASTIAN INLET TAXING DISTRICT (SITD) - SCHEDULED
FOR OCTOBER 6, 2003............................................................................20
13.C. COMMISSIONER FRAN B. ADAMS - OAK TREES -
AMENDING THE LAND DEVELOPMENT REGULATIONS .......... 21
SEPTEMBER 16, 2003
13.E.1. COMMISSIONER ARTHUR R. NEUBERGER -HEALTH
INSURANCE COVERAGE PREMIUMS FOR RETIREES
UNDERAGE 65..........................................................................................22
13.E.2. COMMISSIONER ARTHUR R. NEUBERGER - UPDATE ON
ST. JOHNS RIVER ALLIANCE MEETING OF SEPTEMBER 15,
2003................................................................................................................23
14.A. EMERGENCY SERVICES DISTRICT..................................................23
14.B. SOLID WASTE DISPOSAL DISTRICT.................................................23
14.C. ENVIRONMENTAL CONTROL BOARD.............................................23
SEPTEMBER 16, 2003 6
September 16, 2003
REGULAR MEETING OF
THE BOARD OF COUNTY COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday,
September 16, 2003, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Caroline D. Ginn,
Vice Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Arthur R.
Neuberger. Also present were James E. Chandler, County Administrator; William G. Collins II,
County Attorney; and Maria L Suesz, Deputy Clerk.
1. CALL TO ORDER
Chairman Macht called the meeting to order.
2. INVOCATION
Reverend Billy McCloud, Central Assembly Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Administrator Chandler led the Pledge of Allegiance to the Flag.
SEPTEMBER 16, 2003 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Macht requested the following changes to today's Agenda:
Additional Item 12.A. Fax from Fred Mensing dated 9/12/03
backup:
Item 13.E.1. Commissioner Neuberger — Letters from Retirees under
age 65 regarding Health Insurance Premiums
Addition: Item 13.C. Commissioner Adams — Oak Trees
Item 13.E.2. Commissioner Neuberger - Update on St. Johns River
Alliance Meeting
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Lowther, the Board unanimously made the
above changes to the Agenda.
5. UNITED WAY PRESENTATION BY TOM SEGURA
REGARDING COMMUNITY RESOURCE CENTER
Tom Segura, Director of Indian River County United Way, gave a brief background on the
development of the Community Resource Center project and its purpose. He handed out a
pamphlet (copy on file with the backup) with a rendering of the new building and floor plan
scheduled to open in the Fall of 2004. Three-quarters of the space of the Community Center will
be allocated to United Way agencies and other charitable organizations within the County so they
will be able to enhance their services. United Way in Indian River County was one of less than
half of the agencies in the state that did not meet their goal last year. They anticipate raising the
services in the County to a level not seen before and he asked the Board for their support in this
venture.
Commissioner Ginn asked if other non-profit agencies will be using the Center only during
their kick-off period.
SEPTEMBER 16, 2003 2
Tom Brown, United Way CEO, responded affirmatively. They will have a non-profit
incubation center which will give them space to work to aid them in getting started.
Chairman Macht said the United Way plan will compliment the Family Preservation
Services held at 2525 St. Lucie Avenue.
Director Segura added that they are working carefully with the Family Preservation
Services, the Homeless Coalition, the Mental Health Coalition and the Council on Aging. Their
intent is not to duplicate these services but to supplement what those agencies are doing and
enhance the services.
Commissioner Ginn felt having the meeting room will be the key to their success.
CEO Brown agreed. He said the meeting room will hold just under 100 people and is
located next to a large kitchen.
6. APPROVAL OF MINUTES
None.
7. CONSENT AGENDA
7.A. APPROVAL OF WARRANTS —AUGUST 29TH TO SEPTEMBER 4. 2003
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board unanimously approved the list
of Warrants as issued by the Clerk to the Board for August 29,
2003 to September 4, 2003, as requested.
7.B PROCLAMATIONDESIGNATING SEPTEMBER I S-19.2003 AS
REHABILITATION WEEK
The Chairman entered the Proclamation on the record.
SEPTEMBER 16, 2003 3
7.C. RELEASE OF DEMOLITION LIEN — THOMAS D. BLACKB URN AND
.JAMES A. WILLIAMS —LOT 8 OF CANNON SUBDIVISION
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board unanimously authorized the
Chairman to execute the Release of Lien to Thomas D.
Blackburn and James A. Williams in the amount of $6,056.58
for recording in the Public Records of Indian River County, as
requested in the memorandum.
COPY OF RELEASE OF LIEN IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
7.D. RELEASE OF RETAINAGE —EAST ROSELAND STORMWATER
IMPROVEMENT PROJECT - WORK ORDER #8 — CARTER
AssocmTEs. INC
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board unanimously approved the
Release of Retainage for Work Order 48 in the amount of
$3,286.20 to Carter Associates, Inc., as recommended in the
memorandum.
SEPTEMBER 16, 2003 4
7.E. INDIAN RIVER COUNTYHEALTHDEPARTMENT OPERATIONS
CONTRACT RENEWAL FY2003-2004 —,STATE OF FLORIDA
DEPARTMENT OF HEALTH
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board unanimously accepted the
Contract with the State of Florida Department of Health for
operation of the Indian River County Health Department for
the contract year 2003-2004, as recommended in the
memorandum.
CONTRACT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
7.F. CLERK OF COURT— SURPLUS ITEMS - TRANSFERRING ITEMS TO
OKEECHOBEE Is COUNTY CLERK —EDWARD BRYNE STATE AND
LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA GRANT
(EBMS LLEAFG)
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board unanimously approved the
Clerk's request to declare certain equipment items as surplus
and transfer items to Okeechobee County's Clerk of Circuit
Court as part of the Edward Byrne Memorial State and Local
Law Enforcement Assistance Formula Grant, as requested in
the memorandum.
SEPTEMBER 16, 2003 5
7.G. FINAL PLAT APPROVAL FOR MAZZARELLA SUBDIVISION— OLD
DIXIE HIGHWAYAND 6THAVENUE S. OF I ST STREET (MOSBY &
ASSOCIATES. INC.)
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board unanimously granted final
plat approval for Mazzarella Subdivision, as recommended in
the memorandum.
7.11. STATE AID GRANT APPLICATIONAND AGREEMENT— STATE
DIVISION OF LIBRARYAND INFORMATION SERVICES
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board unanimously authorized the
Chairman to sign the agreement and return it to the Library
Services Director for forwarding to the State, as requested in
the memorandum.
GRANT AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.1. CITRUS BEST MANAGEMENT PRACTICES — ST..IOHNS RIVER
WATER MANAGEMENT DISTRICT —CONTRACT NO. SG469AA
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board unanimously accepted the
contract as written for an amount of $40,000 to be returned to
SEPTEMBER 16, 2003 6
the County as a reimbursement type grant and authorized the
Chairman to execute the grant contract document upon the
approval by the County Attorney of contract documents, as
recommended in the memorandum.
COST SHARE AGREEMENT IS ON FILE IN
THE OFFICE OF THE CLERK OF THE COURT
7. J. SDG KINGS. INC - MODIFICATION TO CONTRACT FOR
CONSTRUCTION OF REQUIRED IMPROVEMENTS NO.
PD -01 -06 -15 -CFC - THE OAKS OF VERO — P. D. PHASE I — CASH
DEPOSIT AND ESCROW AGREEMENT
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board unanimously authorized the
Chairman to execute the Modification to Contract for
Construction of Required Improvements No.
PD -01 -06 -15 -CFC (2000100085-34449) and accompanying
Cash Deposit and Escrow Agreement, as recommended in the
memorandum.
COPY OF MODIFIED CONTRACT IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
SEPTEMBER 16, 2003 7
7.K. RESOLUTION 2003-103 —AUTHORIZATION FOR COMMUNITY
DEVELOPMENT DIRECTOR OR HIS DESIGNEE TO EXECUTE
RELEASES PERTAINING TO ACCESSORYDOCKAGREEMENTS
WHERE A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED FOR A
PRINCIPAL RESIDENCE
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board unanimously adoped
Resolution 2003-103, delegating to the Community
Development Director or his Designee authority to Execute
Releases pertaining to accessory dock agreements where a
certificate of occupancy has been issued for a principal
residence.
U. RESOLUTION 2003-104 — MISCELLANEOUS BUDGET AMENDMENT
Jl&
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board unanimously adopted
Resolution 2003-104, amending the fiscal year 2002/03
budget.
7.M. INTERFUND BORROWING FOR CASHDEFICITS ININDIVIDUAL
FUNDS - BUDGET
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board unanimously approved
SEPTEMBER 16, 2003 8
interfund borrowing as necessary to cover any cash deficits of
individual funds that may occur, as requested in the
memorandum.
9.A.1. PUBLIC HEARING - ORDINANCE 2003-030 - REOUEST TO
REZONE 3.28 ACRES LOCATED ALONG OLD DIXIE
HIGHWAY, APPROXIMATELY 288 FEET NORTH OF 12 TI
STREET, FROM CH TO CG (CHRISTI'S FAMILY FITNESS
CENTER - CHAD KELLY)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating used a PowerPoint presentation (copy
is on file) to explain this request. The purpose of this request is to accommodate Christi's Family
Fitness Center. CH districts do not allow fitness centers. Therefore the request is to rezone 3.28
acres located along Old Dixie Highway, approximately 288 feet north of 12th Street from CH to
General Commercial (CG). The Planning & Zoning Commission and staff unanimously
recommend that the Board approve the rezoning by adopting the Ordinance.
The Chairman opened the public hearing and asked if anyone wished to be heard regarding
this matter.
Randy Mosby, 2655 14th Avenue, of Mosby and Associates, Inc., wanted to let the Board
know he was present to answer any questions.
The Chairman asked if anyone else wished to be heard regarding this matter. There being
none, the Chairman closed the public hearing.
SEPTEMBER 16, 2003 9
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously adopted
Ordinance 2003-030 amending the zoning ordinance and the
accompanying zoning map for 3.28 acres located along Old
Dixie Highway, approximately 288 feet N. of 12th Street, from
CH, Heavy Commercial District, to CG, General Commercial
District, and providing codification, severability and effective
date.
9.A.2. PUBLIC HEARING - ORDINANCE 2003-031- COUNTY
INITIATED REOUEST TO AMEND THE COMPREHENSIVE
PLAN BY REZONING SIX PROPERTIES TO CON -1; SJ -STICK
MARSH, SJ BERRY, RANCH RESERVE, HALLSTROM
FARMSTEAD, OYSTER BAR MARSH, AND US FISH AND
WILDLIFE (OUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating, said the next two rezoning requests
were presented to the Board before to redesignate the land and this is the second public hearing to
rezone the land. He identified the locations of the six properties and recommended approval of the
rezoning request by adopting the Ordinance.
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.
SEPTEMBER 16, 2003 10
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Neuberger, the Board unanimously adopted
Ordinance 2003-031 amending the Zoning Ordinance and the
accompanying zoning map for:
a. Approximately 3,891 acres located at the northeast corner of
Township 31 South, Range 36 East, from A-2, Agricultural District
(up to 1 unit/ 10 acres), to CON -1, Conservation District (0 units/acre);
b. Approximately 160 acres located approximately three miles north of
SR 60 and two miles east of CR 512 from A-2, Agricultural District
(up to 1 unit/ 10 acres), to CON -1, Conservation District (0 units/acre);
C. Approximately 960 acres located on the western halves of Sections 6,
7, and 18 of Township 31 South, Range 35 East, from A-3,
Agricultural District (up to 1 unit/20 acres) to CON -1, Conservation
District (0 units/acre);
d. Approximately 93 acres south of 14th Place, between US 1 and Lateral
J Canal, of those 93 acres, approximately 15.4 acres from CH, Heavy
Commercial District, and approximately 77.6 acres from RS -6,
Single -Family Residential District (up to 6 units/acre) to CON -1,
Conservation (0 units/acre);
e. Approximately 102 acres west of AIA, south of Oyster Bay Drive, of
those 102 acres, approximately 77 acres from RS -1, Single -Family
Residential (up to 1 unit/acre), and approximately 25 acres from RS -3,
Single -Family Residential (up to 3 units/acre), to CON -1,
Conservation (0 units/acre); and
£ Approximately 201 acres west of A 1 A and about 215 feet north of
110th Place, from A-1, Agricultural District (up to 1 unit/5 acres), to
CON -1, Conservation District (0 Units/acre), and approximately 23
acres east of A 1 A located in Sections 3 and 10 of Township 31S,
Range 39E from RS -3, Single -Family Residential District (up to 3
units/acre), to CON -1, Conservation District (0 units/acre), and
SEPTEMBER 16, 2003 11
approximately 1. 04 acres along the west side of A 1 A of Government
Lot 1 of Section 3, Township 31S, Range 39E from RS -1,
Single -Family Residential (up to 1 unit/acre), to CON -1,
Conservation District (0 units/acre), and approximately 2 acres along
the west side of A 1 A of Government Lot 1 of Section 10, Township
31S, Range 39E from RS -3, Single -Family Residential District, (up to
3 units/acre) to CON -1, Conservation District (0 units/acre) and all of
the above described herein, and providing effective date.
Under discussion Commissioner Neuberger commented that this places almost 5300 acres
into conservation and he felt it was very nice.
9.A.3. PUBLIC HEARING — ORDINANCE 2003-032 — COUNTY
INITIATED REOUEST TO REZONE 35.8 ACRES OF LAND
FROM RS -6 TO IG LOCATED AT THE NW CORNER OF 41sT
STREET (SOUTH GIFFORD ROAD) AND 43p' AVENUE; TO
REZONE 25.89 ACRES FROM IL TO CG — PUBLIC WORKS
MAINTENANCE FACILITY; AND TO REZONE 19.61 ACRES
FROM RS -6 TO CG — SHERIFF'S DEPARTMENT AND JAIL
EXPANSION - (LEGISLATIVE) (REZON 2003010175-34823)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating, said this was the second public hearing
for this County initiated request to rezone County owned properties. He described the location of
the four properties and asked the Board to approve the rezoning request and adopt the rezoning
ordinance.
SEPTEMBER 16, 2003 12
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.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously adopted
Ordinance 2003-032 amending the zoning ordinance and the
accompanying zoning map for approximately 35.8 acres
located at the northwest corner of 41" Street (South Gifford
Road), and 43rd Avenue, from RS -6, Single -Family
Residential District (up to 6 units/acre), to IG, General
Industrial District; and for approximately 25.89 acres located
south of 41St Street (South Gifford Road), and approximately
1000 feet east of 43rd Avenue from IL, Light Industrial
District to CG, General Commercial District; and 19.61 acres
approximately 300 feet east of 43rd Avenue from RS -6,
Single -Family Residential District (up to 6 units/acre), to CG,
General Commercial District; and described herein and
providing for effective date.
9.B.1. PUBLIC DISCUSSION ITEM
None.
SEPTEMBER 16, 2003 13
9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON SEPTEMBER 23, 2003
I. BAYER CORPORATION'S REQUEST TO REZONE I8I.2 ACRES.
LOCATED AT THE SOUTHEAST CORNER OF 57TH STREET AND 58Tx
AVENUE. FROHA-I TO RS -6 WON 2003-06-0292)
2. CANCELLATION OF PUBLIC HEARING — MEADOWLARK WOODS
,SUBDIVISION WATER ,SPECIAL ASSESSMENT PROJECT
Executive Aide Kim Massung read the Public Notice Items into the record.
11.B.1. EMERGENCY SERVICES - APPROVAL OF RENEWAL FOR
FY 2003/05 CLASS "E" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR INDIAN RIVER
COUNTY COUNCIL ON AGING TO PROVIDE WHEELCHAIR
SERVICES
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously approved
renewal of the Class "E" Certificate of Public Convenience
and Necessity for Indian River County Council on Aging, to
be effective for a period of two (2) years from October 2, 2003
to October 2, 2005, as recommended by staff.
COPY OF CERTIFICATE IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
SEPTEMBER 16, 2003 14
11.B.2. EMERGENCY SERVICES - APPROVAL OF RENEWAL FOR A
CLASS "C" CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY FOR COASTAL HEALTH SERVICES OF
BREVARD, INC. TO PROVIDE INTER -FACILITY NEONATAL
TRANSFERS WHICH ORIGINATE IN INDIAN RIVER
COUNTY
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously approved
the renewal of the Class "C" Certificate of Public
Convenience and Necessity for Coastal Health Services of
Brevard, Inc., to be effective for a period of two (2) years from
October 16, 2003 to October 16, 2005, as recommended in the
memorandum.
COPY OF CERTIFICATE IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.C.1. EASEMENT REOUEST - BELLSOUTH
TELECOMMUNICATIONS, INC. - SOUTH 1/20F NORTHEAST
1/40F SOUTHEAST 1/40F SECTION 20, TOWNSHIP 32 SOUTH,
RANGE 39 EAST, LOCATED ON THE WEST SIDE OF 58TH
AVENUE, APPROXIMATELY 660' SOUTH OF 49TH STREET -
SOLICITATION OF BIDS AUTHORIZED
SEPTEMBER 16, 2003 15
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously authorized
staff to solicit sealed bids for the easement by proper
advertisement with a minimum bid of $2,500, and should
BellSouth be the successful bidder at $2,500 or more,
authorized the Chairman to execute of the easement
documents at the successful bid amount; as requested in the
memorandum.
11.C.2. BID #5077 - SOUTH COUNTY REVERSE OSMOSIS WATER
TREATMENT PLANT -EMERGENCY GENERATOR
TRANSFER SWITCH AND SURGE PROTECTION - (REJECT
ALL BIDS)
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously rejected all
bids for Bid 45077 because they were over budget and
authorized the Utilities Department to revise the
specifications and re -bid this item at a future date, as
recommended by staff.
SEPTEMBER 16, 2003 16
11.L1 DEVELOPER'S AGREEMENT -13TH STREET SW BETWEEN
43" AND 58TH AVENUES' PAVING AND RIGHT -OF WAY
ACOUISITION - FOUR LAKES SUBDIVISION - LAKE
HOLDINGS, LLC
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously approved
the Developer's Agreement for Four Lakes Subdivision. The
County cost is approximately $21,923.68 and the Developer's
cost is $133,000 plus pole relocation and stormwater storage
costs, as recommended by staff (Alternative 1).
AGREEMENT IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
11.I.2. ANSLEY PARK SUBDIVISION DEVELOPER'S AGREEMENT
- NORTH SIDE OF 13TH STREET SW TO 27TH AVENUE -
SIDEWALK IMPROVEMENTS - AMENDMENT NO. 1 -
SHOWCASE DESIGNER HOMES, L.C. (SAN GEORGE
CONTRACTING, INC. SEACOAST DEVELOPMENT, INC.)
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Lowther, the Board unanimously accepted
Alternative No. 1 approving Amendment No. 1 to Ansley
Park Subdivision Developer's Agreement to provide sidewalk
improvements to the N. side of 13th Street SW to 27th Avenue
SEPTEMBER 16, 2003 17
SW at a cost to the County of $6,859, as recommended by
staff.
AMENDMENT NO. I IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.11. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
ALTERNATIVE WATER SUPPLY GRANT APPLICATION FY
2003 - 2004 - ELIMINATION OF REVERSE OSMOSIS
CONCENTRATE INTO THE INDIAN RIVER LAGOON
-UNDERGROUND UTILITIES, INC. (GEORGE E. FRENCH)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously approved
the grant application, authorized matching funding of
construction of the projects upon receipt of the grant, and
authorized the Chairman to execute the applications and
agreements associated with the grant, as recommended by
staff.
APPLICATION IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
12.A. COUNTY ATTORNEY - INDIAN RIVER COUNTY VS.
MENSING, KIRRIE, ET AL - DRAFT STIPULATION FOR
SETTLEMENT
SEPTEMBER 16, 2003 18
County Attorney Will Collins stated that he has brought a draft stipulation with respect to
the lawsuit to foreclose code enforcement liens against the Mensing property. The objective is to
obtain access from 130th Street across the Mensing property and the northern edge of the North
Sebastian Conservation Area to provide access to the Kirrie property. Mr. Collins read and
summarized the counterproposals received from Mr. Mensing (copy on file with the backup) since
the stipulation was drafted. Basically this is a property deal whereby Mr. Mensing would move his
structures out of what could be a 60' access to an industrial area in exchange for the County
bearing the cost of that move and releasing all code enforcement fines. It would give the County
all rights that Mr. Mensing has to properties that he claims within the conservation area and
dissolve any disputes with respect to that lawsuit. Mr. Collins did get comments that clarify but
don't change the substance from outside counsel and, if the Board decides to go forward, he will
incorporate those comments as well.
Chairman Macht said he did not think they could do all that Mr. Mensing proposes. He
feels the Board has been stampeded into taking a palliative action that may not be necessary
regarding the claim that Mr. Kirrie's use of 129th Street will destroy a neighborhood. He
recommended the Board wait to see what actually happens on 129th Street. Mr. Kirrie has
demonstrated a willingness to cooperate. His reputation has been one of being honest, and he has
stated the impact on 129th will be very minimal. The Chairman felt the Board has jumped to a
conclusion that will be costly to the taxpayers and probably will not apply to a situation that has not
been demonstrated to exist.
Commissioner Ginn had concerns that there may be other businesses that may bring in
more traffic in that area.
Chairman Macht responded that they would deal with that issue when the time comes.
Commissioner Lowther asked how much money Mr. Mensing owes to code enforcement,
and Attorney Collins replied that it was about $115,000.
Commissioner Lowther said he has a problem with waiving those fees and believes 130th
street should be the industrial access. He does not believe we need to accept Mr. Mensing's
proposal, but felt that maybe there are other alternatives. This has been going on for three years
and he would like to see a resolution. He agreed with Commissioner Ginn that there may be
growth in that area.
Chairman Macht reiterated the fact that the situation does not currently exist.
SEPTEMBER 16, 2003 19
Commissioner Adams said she was uncomfortable with the stipulation for settlement as it
is written. To commit to no code enforcement access or inspections is ridiculous. She felt it is a
hostage situation and she was being bullied by Mr. Mensing which she does not appreciate. She
agreed with Commissioner Lowther that 130th Street really is the industrial access, but to
accomplish that is a precedent setting issue that would have huge ramifications and she cannot
support this stipulation.
Commissioner Ginn said they do have a court case and asked what the downside would be.
Attorney Collins said the case is scheduled for court in November. Mr. Mensing's wife has
threatened to sue in Federal Court on unknown claims. Attorney Collins said they have insurance
defense on those types of lawsuits.
Commissioner Neuberger said the proposal was not acceptable. He recommended that
they do more negotiating to find something that is acceptable to both parties.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously tabled this
item and authorized Mr. Mensing and the County Attorney to
conduct further negotiations to reach an agreement that is
acceptable to both parties.
13.A.1. CHAIRMAN KENNETH R. MACHT - JOINT MEETING WITH
SEBASTIAN INLET TAX DISTRICT (SITD) - SCHEDULED
FOR OCTOBER 6, 2003
Chairman Macht addressed the letter he received from the Sebastian Inlet Tax District
Administrator Ray LeRoux indicating that their Commissioners wish to meet with the Board on
October 6, 2003.
Commissioner Ginn said she would be out of town and would be returning on the 10th of
October.
Commissioner Adams said that she would like to schedule the meeting for the 6th and
pointed out that it took more than a month to receive the letter and she did not wish to delay the
SEPTEMBER 16, 2003 20
meeting any further. What they are trying to do is reach a consensus on looking into the sand
transfer issue.
CONSENSUS WAS reached by the Board to meet with the
Sebastian Inlet Tax District on October 6, 2003, at 2:00 p.m.
in the City of Sebastian Chambers.
13.C. COMMISSIONER FRAN B. ADAMS - OAK TREES -
AMENDING THE LAND DEVELOPMENT REGULATIONS
Commissioner Adams addressed the issue of losing big oak trees to land development. She
requested that staff initiate changing of the Land Development Regulations to require oak trees 12
inches or larger be transplanted on the same property or to another property and not be cut down.
MOTION WAS MADE by Commissioner Adams,
SECONDED BY Commissioner Ginn, for staff to initiate
changing the Land Development Regulations requiring that
12" oak trees or larger be transplanted on the same property or
another property, but not be cut down.
Under discussion Chairman Macht questioned the legal ramifications of requiring the trees
be moved to a piece of property that they have no control of.
County Administrator James Chandler said he would bring back a draft of the amendment
together with any legal ramifications to the Board.
The Chairman called the QUESTION and the motion carried
unanimously. The Board authorized staff to initiate a change
to the Land Development Regulations permitting oak trees
SEPTEMBER 16, 2003 21
12" or larger to be transplanted on the same piece of property
or another property, but not be cut down.
13.E.1. COMMISSIONER ARTHUR R. NEUBERGER -HEALTH
INSURANCE COVERAGE PREMIUMS FOR RETIREES
UNDER AGE 65
Commissioner Neuberger heard by word of mouth that retirees under age 65 are finding it
difficult to afford health insurance premiums and asked Assistant County Administrator Joe Baird
to elaborate on that.
Assistant County Administrator Joe Baird explained that health insurance premiums for
retirees over 65 are subsidized 60% of the cost by the County. However, retirees under 65 are not
subsidized by the County for any of the health insurance costs. Insurance Premiums has become a
real burden to retirees under the age of 65 and some current employees are not able to retire
because they cannot afford it. He asked the Board to authorize him to look at subsidizing retirees'
health insurance premiums for those that are under 65 years of age.
MOTION WAS MADE by Commissioner Neuberger,
SECONDED BY Commissioner Lowther, for discussion to
look into subsidizing health insurance premiums for retirees
under 65 years of age.
Under discussion, Commissioner Ginn said they would need a good figure in order to
budget properly.
Assistant Administrator Baird thought they need to define what a retiree is at this point. He
felt to get a reduced rate an employee should have 10 years of service with Indian River County.
The Chairman CALLED THE QUESTION and the motion
carried unanimously. The Board authorized staff to look into
SEPTEMBER 16, 2003 22
subsidizing the health insurance premiums for retirees under
age 65.
13.E.2. COMMISSIONER ARTHUR R. NEUBERGER - UPDATE ON
ST. JOHNS RIVER ALLIANCE MEETING OF SEPTEMBER 15,
01111 j
Commissioner Neuberger reported on the St. Johns River Alliance meeting he attended in
Jacksonville on September 15, 2003. He found the group to be very interesting and explained that
the Alliance is comprised of the County Commissioners from 11 counties, the City of Jacksonville,
a few of the Water Management District Members and nine members at large. There is the upper,
middle and lower basin and we are considered the upper basin. We are the ones that started the
Alliance. He found them to be an interesting group and all of them are very concerned about the
River.
Chairman Macht asked for Item 13 to be open for committee reports rather than adding
them to the agenda, and Attorney Collins said when the ordinance was developed at the beginning
of the year any committee could give a report under liaison commissioner matters.
14.A. EMERGENCY SERVICES DISTRICT
None.
14.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the regular meeting, the
Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District.
Those Minutes are being prepared separately.
14.C. ENVIRONMENTAL CONTROL BOARD
None.
SEPTEMBER 16, 2003 23
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 9:59 a.m.
ATTEST:
Jeffrey K. Barton, Clerk Kenneth R. Macht, Chairman
Minutes Approved:
BCC/MIS/3003Minutes
SEPTEMBER 16, 2003 24