HomeMy WebLinkAbout09/19/2006 (3)
INDEX TO MINUTES OF REGULAR MEETING OF
BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 19, 2006
1.CALL TO ORDER --------------------------------------------------------- 1
2.INVOCATION -------------------------------------------------------------- 1
3.PLEDGE OF ALLEGIANCE -------------------------------------------- 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS ---------------------------------------------------------------------------- 2
5.PROCLAMATIONS AND PRESENTATIONS---------------------- 2
5.A.Presentation of Proclamation Designating September 18 – 22,
2006, as Industry Appreciation Week in Indian River County -------- 2
5.B.Presentation of Proclamation Honoring the KYIV Symphony
Orchestra and Chorus ------------------------------------------------------ 2
6.APPROVAL OF MINUTES - NONE----------------------------------- 3
7.CONSENT AGENDA ------------------------------------------------------ 3
7.A.Approval of Warrants – September 1-7, 2006 ----------------------- 3
September 19, 2006
1
7.B.Proclamation Honoring Ralph W. Sexton ---------------------------- 3
7.C.Citrus Springs Village “D” And “F” Phase I P.D., Developer: The
Suntree Partners, Modification To Contract For Construction Of
Required Sidewalk Improvements ----------------------------------------- 4
7.D.Permission To Advertise For Two Public Hearings October 24,
2006 And November 7, 2006, Expansion Of County Seat For
rd
Supervisor Of Elections Office At 4375 43 Avenue ------------------- 5
7.E.Enterprise Geographic Information System (GIS) Year One
Implementation GIS Consultant Services Phased Supplemental Work
Orders ------------------------------------------------------------------------- 5
7.F.Approval Of Renewal Of The 800 MHZ Communications System
Infrastructure Maintenance Contract With Communications
International, Inc. ----------------------------------------------------------- 6
7.G.Florida Power & Light Easement Form ------------------------------ 6
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7.H.Lucille Buckner Water Service Installation At 4350 34 Court,
Final Payment To Labor Contractor ------------------------------------- 7
7.I.Approval Of Bid Award For IRC Bid # 2006102 CR 510 Causeway
Tree Replacement Public Works Department / Parks Division ------- 7
September 19, 2006
2
7.J.Invitation From John’s Island Golf Club For Staff To Participate In
A “Public Safety Day” Golf Outing -------------------------------------- 8
7.K.Roadway Improvements To SR A1A And CR 510 Engineering/Land
Surveying Services – Retainage Release For Design Phase ---------- 8
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7.L.32 Avenue SW From 15 Street SW To 13 Street SW Relocation
Of Water Services And Fire Hydrants, Approval Of Change Order No.
1 And Final Payment To Contract ---------------------------------------- 9
7.M.Annual Contract Renewal, 2006-2007 Professional Land Survey
Services Contract No. 0390 ------------------------------------------------ 9
7.N.Oslo Road/Lateral “J” Canal Bridge Replacement Final Roadway
Certification And Retainage Release ------------------------------------ 10
7.O.Work Order No. 9 (Engineering/Survey) Masteller, Moler, Reed &
Taylor Inc. CR 512 Phase III, Right-Of-Way Mapping Project,
Continuing Professional Survey Services Contract 0390 / 2005-2006
Project 0629 ---------------------------------------------------------------- 11
7.P.Work Order No. 7, Carter Associates, Inc., For: Survey Services,
(North) Old Dixie Highway Maintenance Map CR 512 To US 1,
Continuing Professional Survey Services Contract 0390 / 2005-2006,
Project No. 0628 ----------------------------------------------------------- 11
September 19, 2006
3
7.Q.Interfund Borrowing ---------------------------------------------------- 12
7.R.Miscellaneous Budget Amendment 024 ------------------------------ 12
7.S.2006/2007 State Of Florida Department Of Health Contract ---- 13
7.T.Partial Release Of Retainage Applied Technology And
Management, Inc. Contract Amendment #3 ---------------------------- 13
7.U.Request To Enter Into A Supplemental Public Transportation Joint
Participation Agreement With The Florida Department Of
Transportation (FDOT) --------------------------------------------------- 14
8.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE ---------------------------------------------------------- 14
9.PUBLIC ITEMS------------------------------------------------------------ 14
9.A.PUBLIC HEARINGS --------------------------------------------------- 14
9.A.1. County Initiated Request To Amend The Text Of The Conservation
Element, The Potable Water Sub-Element And The Sanitary Sewer
Sub-Element Of The Comprehensive Plan (Plan Amendment Number:
CPTA 2006010060-52349)(Legislative) -------------------------------- 14
9.A.2.County Initiated Request To Amend The Transportation
Element Of The Comprehensive Plan (Legislative) ------------------- 17
September 19, 2006
4
9.A.3.County Initiated Request To Amend The Capital Improvements
Element Of The Comprehensive Plan (Legislative) ------------------- 18
9.A.4. Indian River Exchange Packers Inc.’s Request To Amend The
Comprehensive Plan To Realign The Urban Service Area Boundary
And To Redesignate 19.2 Acres From AG-1 To C/I, And To Rezone
Those 19.2 Acres From A-1 To IL (Legislative) --------------------- 21
9.A.5.Sunburst/Encore L.P.’S Request To Rezone 6 Acres From CG
To CRVP (Quasi-Judicial) ------------------------------------------------ 23
9.A.6.Public Hearing To Adopt Ordinance To Repeal Section 305.09
Of The Code Of Indian River County To Eliminate The Additional
$3.00 Fine Imposed Under The Dori Slosberg Driver Education Safety
Act (Legislative) ------------------------------------------------------------ 24
9.A.7.Public Hearing – September 19, 2006, Ordinance Amending
The Definition Of Allowable Water Activities In A Park Or
Recreational Area (Legislative) ------------------------------------------ 25
9.B.PUBLIC DISCUSSION ITEM - NONE ------------------------------ 26
9.C.PUBLIC NOTICE ITEMS ---------------------------------------------- 26
September 19, 2006
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9.C.1.Notice of Scheduled Public Hearing October 3, 2006: Indian
River Drive North – Petition Water Service, Indian River County
Project No. UCP 2632 ----------------------------------------------------- 26
10.COUNTY ADMINISTRATORS MATTERS -------------------- 26
10.A.Cost of Living Adjustment---------------------------------------------- 26
DEPARTMENT MATTERS ------------------------------------------------ 27
11.A. COMMUNITY DEVELOPMENT –NONE ---------------------- 27
11.B. EMERGENCY SERVICES – NONE ------------------------------ 27
11.C. GENERAL SERVICES – NONE ----------------------------------- 27
11.D. HUMAN RESOURCES –NONE----------------------------------- 27
11.E. HUMAN SERVICES – NONE -------------------------------------- 27
11.F. LEISURE SERVICES – NONE ------------------------------------- 27
11.G. OFFICE OF MANAGEMENT & BUDGET –NONE --------- 27
11.H. RECREATION - NONE --------------------------------------------- 27
11.I.PUBLIC WORKS ------------------------------------------------------ 27
September 19, 2006
6
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11.I.1. Property Acquisition, 8866 91 Court, CR 510 Widening and
Improvements, County Project No. 0610, Woody Family Holdings,
Inc., Owner ------------------------------------------------------------------ 28
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11.I.2.43 Avenue Widening and Drainage Improvements Workshop
Comments and Staff Recommendations --------------------------------- 28
11.I.3.Amendment No. 1 to the Civil Engineering and Land Surveying
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Agreement for Intersection Improvements at SR 60 and 43 Avenue
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and Widening of 43 Avenue to 5 Lanes from SR 60 to 26 Avenue29
11.J.UTILITIES SERVICES ------------------------------------------------- 29
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11.J.1.Bella Vista Isles 6” Force Main Construction on 26 Street 29
11.J.2.Utilities Department Operations Center, Approval of Change
Order No. 7 for Various Changes, Approval of Final Pay Request and
Release of Retainage - Indian River County Project No. UCP 222930
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11.J.3.Carll Heights Subdivision Petition Water Service, 6 Place
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West of 27 Avenue, Indian River County Project No. UCP-2448,
Resolution IV – Final Assessment ---------------------------------------- 30
12.COUNTY ATTORNEY ----------------------------------------------- 31
12.A.Attorney-Client Session ------------------------------------------------ 31
13.COMMISSIONER ITEMS ------------------------------------------- 32
September 19, 2006
7
13.A.COMMISSIONER ARTHUR R. NEUBERGER, CHAIRMAN -
NONE ------------------------------------------------------------------------ 32
13.B.COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN -
NONE ------------------------------------------------------------------------ 32
13.C.COMMISSIONER SANDRA L. BOWDEN -------------------------- 32
13.C.1.Cancellation of October 17, 2006 Board Meeting ------------- 32
13.D.COMMISSIONER WESLEY S. DAVIS - NONE -------------------- 33
13.E.COMMISSIONER THOMAS S. LOWTHER - NONE -------------- 33
SPECIAL DISTRICTS AND BOARDS ---------------------------------- 33
14.A.EMERGENCY SERVICES DISTRICT - NONE --------------------- 33
14.B.SOLID WASTE DISPOSAL DISTRICT ------------------------------ 33
14.B.1.Florida Power & Light Easement Form ------------------------ 33
14.C.ENVIRONMENTAL CONTROL BOARD ---------------------------- 33
14.C.1. Approval of Minutes Meeting of August 22, 2006 --------- 34
14.C.2.Release of Lien – Tim Bechtold, Environmental Control
Hearing Board Case No. 275-98 ----------------------------------------- 34
15.Adjournment ------------------------------------------------------------- 34
September 19, 2006
8
September 19, 2006
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
th
Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday,
September 19, 2006, 2006, at 9:00 a.m. Present were Chairman Arthur R. Neuberger, Vice
Chairman Gary C. Wheeler, and Commissioners Sandra L. Bowden, Wesley S. Davis and Thomas
S. Lowther. Also present were County Administrator Joseph Baird, County Attorney William G.
Collins II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Maria I. Suesz.
1. CALL TO ORDER
Chairman Arthur R. Neuberger called the meeting to order at 9:00 a.m.
2. INVOCATION
Pastor Doug Vogt, First Church of God, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Gary C. Wheeler led the Pledge of Allegiance to the Flag.
September 19, 2006
1
4. ADDITIONS/DELETIONS TO THE
AGENDA/EMERGENCY ITEMS
Chairman Neuberger requested the following changes to today’s Agenda:
1. Add Item 13.C.1 - October 2006 regular BCC meeting dates
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Davis, the Board
unanimously made the above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. Presentation of Proclamation Designating September 18 –
22, 2006, as Industry Appreciation Week in Indian River County
Chairman Neuberger read the Proclamation and Soma Melnick on behalf of Macho Products
and the Indian River Chamber of Commerce accepted the proclamation.
5.B. Presentation of Proclamation Honoring the KYIV
Symphony Orchestra and Chorus
Commissioner Wheeler read the Proclamation and presented it to Tom Fritz on behalf of the
Vero Beach Sunrise Rotary Club.
September 19, 2006
2
6. APPROVAL OF MINUTES - NONE
7. CONSENT AGENDA
Commissioner Lowther requested Item 7. C. be pulled for discussion.
7.A. Approval of Warrants – September 1-7, 2006
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
unanimously approved the list of Warrants as issued
by the Clerk to the Board for the time period of
September 1 - 7, 2006, as requested.
7.B. Proclamation Honoring Ralph W. Sexton
The Proclamation was noted for the record.
September 19, 2006
3
7.C. Citrus Springs Village “D” And “F” Phase I P.D.,
Developer: The Suntree Partners, Modification To Contract For
Construction Of Required Sidewalk Improvements
Commissioner Lowther wanted to make the Board aware of problems with the retention ponds
not being fixed properly by the developer, The Suntree Partners, in Citrus Springs Village. He
showed the Board photographs so they would see the difference where they claim the retention
ponds are completed and done correctly. He brought to their attention that previous issues were
addressed regarding incomplete work of this developer. He wanted to the project completed by
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November 2.
Public Works Director Jim Davis stated the developer has been responsive to him, and he was
happy with the work that he has done. This was the first that Mr. Davis heard about a problem with
the retention pond and he said he would look into the situation.
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved the Modification to Contract
for Construction of Required Sidewalk
Improvements No. PD-03-01-03-SIDEPH1
(99100114-37258), and Cash Deposit and Escrow
Agreement, authorizing the Chairman to execute
same, to extend the completion date to June 8, 2008
and reduce the amount of security, as recommended
in the memorandum of August 31, 2006.
MODIFICATION TO CONTRACT IS ON FILE IN
September 19, 2006
4
THE OFFICE OF THE CLERK OF THE BOARD
7.D. Permission To Advertise For Two Public Hearings October
24, 2006 And November 7, 2006, Expansion Of County Seat For
rd
Supervisor Of Elections Office At 4375 43 Avenue
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved advertising for holding the
two public hearings on October 24 and November 7,
2006, as recommended in the memorandum of
September 5, 2006.
7.E. Enterprise Geographic Information System (GIS) Year One
Implementation GIS Consultant Services Phased Supplemental Work
Orders
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Davis, the Board
unanimously approved issuing Supplemental Work
Orders to Geographic Technologies Group, Inc. In
an aggregate amount not to exceed $353,000;
delegated the authority to the County Administrator
to sign Supplemental Work Order #3 for the first
September 19, 2006
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phase of data creation services in an amount of
$103,010; authorized the County Administrator to
sign subsequent Supplemental Work Orders for data
services up to the authorized amount, as
recommended in the memorandum of September 12,
2006.
WORK ORDER #3 IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
7.F. Approval Of Renewal Of The 800 MHZ Communications
System Infrastructure Maintenance Contract With Communications
International, Inc.
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved the renewal of the referenced
contract with funding, as specified and as
recommended in the memorandum of August 20,
2006.
7.G. Florida Power & Light Easement Form
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved and authorized the Chairman
to sign Work Order Number 1 (SWDD), authorizing
September 19, 2006
6
Carter Associates, Inc. to prepare FPL easement
form in accordance with the scope of services for a
lump sum fee of $1,500.00, as recommended in the
memorandum of September 5, 2006.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
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7.H. Lucille Buckner Water Service Installation At 4350 34
Court, Final Payment To Labor Contractor
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved Application for Pay Request
No 1 (Final) to the Contractor, The Danella
Companies, in the amount of $2,607.00, as
recommended in the memorandum of August 31,
2006.
7.I. Approval Of Bid Award For IRC Bid # 2006102 CR
510 Causeway Tree Replacement Public Works Department / Parks
Division
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously awarded the bid to Sunshine Land
September 19, 2006
7
Design, Inc., as the lowest most responsive and
responsible bidder meeting the specifications as set
forth in the Invitation to Bid, and as recommended in
the memorandum of September 6, 2006.
7.J. Invitation From John’s Island Golf Club For Staff To
Participate In A “Public Safety Day” Golf Outing
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved for Emergency Services staff
to participate in the golf outing, as requested in the
memorandum of September 11, 2006.
7.K. Roadway Improvements To SR A1A And CR 510
Engineering/Land Surveying Services – Retainage Release For Design
Phase
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved the release of retainage for
the original design and Amendment No. 1 to the
Roadway Improvements to SR-A1A and CR-510
Professional Engineering/Land Surveying Services
Agreement with Kimley-Horn & Associates, Inc.,
September 19, 2006
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for $22,760.05, as recommended in the
memorandum of September 6, 2006.
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7.L. 32 Avenue SW From 15 Street SW To 13 Street
SW Relocation Of Water Services And Fire Hydrants, Approval Of
Change Order No. 1 And Final Payment To Contract
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved the total labor cost of
$11,401.63, Change Order No. 1 for an additional
$2,741.16, and approved Application for Pay
Request No. 1 – Final as final payment to the
Contractor, The Danella Companies, Inc., in the
amount of $21,232.07, as recommended in the
memorandum of dated September 5, 2006.
CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
7.M. Annual Contract Renewal, 2006-2007 Professional Land
Survey Services Contract No. 0390
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved the contracts and fee
September 19, 2006
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schedules between the County and the six (6) firms:
Burdette & Associates, Inc., Carter Associates, Inc.,
Creech Engineering, Inc., Kimley-Horn &
Associates, Inc., Masteller, Moler, Reed & Taylor,
Inc., Morgan Eklund, Inc., as recommended in the
memorandum of September 8, 2006.
CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.N. Oslo Road/Lateral “J” Canal Bridge Replacement Final
Roadway Certification And Retainage Release
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved release of retainage in the
amount of $227,492.27 to Lucas Marine
Construction, Inc. for the Oslo Road/Lateral “J”
Canal Bridge Replacement with funding as
specified, and as recommended in the memorandum
of September 8, 2006.
September 19, 2006
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7.O. Work Order No. 9 (Engineering/Survey) Masteller,
Moler, Reed & Taylor Inc. CR 512 Phase III, Right-Of-Way Mapping
Project, Continuing Professional Survey Services Contract 0390 /
2005-2006 Project 0629
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved Work Order No. 9
(Engineering) authorizing the above project as
outlined in the scope of services, and authorized the
Chairman to execute same, as recommended in the
memorandum of September 8, 2006.
WORK ORDER NO. 9 IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
7.P. Work Order No. 7, Carter Associates, Inc., For:
Survey Services, (North) Old Dixie Highway Maintenance Map CR 512
To US 1, Continuing Professional Survey Services Contract 0390 /
2005-2006, Project No. 0628
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved Work Order No. 7
authorizing the above project as outlined in the scope
September 19, 2006
11
of services, and authorized the Chairman to execute
same, as recommended in the memorandum of
September 8, 2006.
WORK ORDER NO. 7 IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
7.Q. Interfund Borrowing
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved for interfund borrowing as
necessary to cover any cash deficits of individual
funds that may occur, as recommended in the
memorandum of September 13, 2006.
7.R. Miscellaneous Budget Amendment 024
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
Resolution 2006-143,
unanimously approved
amending the fiscal year 2005-2006 Budget.
September 19, 2006
12
7.S. 2006/2007 State Of Florida Department Of Health
Contract
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved the 2006/2007 contract, as
recommended in the memorandum of September 11,
2006.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
7.T. Partial Release Of Retainage Applied Technology And
Management, Inc. Contract Amendment #3
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved the application for partial
release of retainage to Applied Technology and
Management, Inc. in the amount of $21,222.00, as
recommended in the memorandum of August 22,
2006.
September 19, 2006
13
7.U. Request To Enter Into A Supplemental Public Transportation
Joint Participation Agreement With The Florida Department Of
Transportation (FDOT)
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously approved the Supplemental Public
Transportation Joint Participation Agreement and
Resolution 2006-144
approved authorizing the
execution of a public transportation joint
participation agreement with the Florida Department
of Transportation.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES - NONE
9. PUBLIC ITEMS
9.A. PUBLIC HEARINGS
9.A.1. County Initiated Request To Amend The Text Of The
Conservation Element, The Potable Water Sub-Element And The
September 19, 2006
14
Sanitary Sewer Sub-Element Of The Comprehensive Plan (Plan
Amendment Number: CPTA 2006010060-52349)(Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR PUBLIC HEARING IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
Director Keating stated that the text amendment changes are to correct an oversight and to
provide consistency in all of the policies. He used a PowerPoint presentation (copy on file) to give
a detailed explanation of the proposed addition of the Conservation Element Policy 12.11, revising
the potable water and sanitary sewer sub-elements, and revising all elements of the Evaluation and
Appraisal Report (EAR) 2006-2008. Staff and the Planning & Zoning Commission recommended
approval of these three items.
There were questions posed to Director Keating by the Commissioners seeking additional
information regarding services outside the Urban Service Area (USA) boundary.
Commissioner Wheeler was concerned that they may be encouraging expansion outside the
USA and that they may be opening up the urban service line.
Director Keating related that currently water service west of I-95 is not allowed, and with the
development of the South County Initiative there is a good chance of having a public school built
outside of the Urban Service Area, warranting this amendment.
Discussion ensued regarding the building of a school outside the Urban Service Area.
The Chairman opened the public hearing.
September 19, 2006
15
Mark Brackett,
1915 Avenue, wanted the Board to know that the school board is currently
discussing acquiring property West of I-95 for the future location of a middle school.
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Peter O’Bryan
, 2255 11 Lane, had no concerns with expanding the water and sewer to
school sites that meet the Comprehensive Land criteria outside the Urban Service Area, but he
asked the Board to change the language to specifically “public schools” and allow no other uses at
this time.
There were no additional speakers and the Chairman closed the public hearing.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Neuberger, to
approve staff’s recommendation to the planned text
amendments by adopting the Ordinance.
Discussion ensued regarding schools built outside the USA.
Commissioner Bowden wanted to know if this proposal was specifically for public schools.
Director Keating responded, “No”.
Commissioner Wheeler’s main concern was not to allow urban sprawl and he wanted to limit it
to schools and churches.
Discussion continued and Commissioner Davis stated they were not debating the issue before
them. He said they are going to make a decision today because the Comprehensive Plan as it exists
today will not allow the development of a school outside the Urban Service Area.
Director Keating explained the downside is having roads and a house abut the road and the
owner cannot get water and sewer service.
September 19, 2006
16
Commissioner Lowther questioned staff why the amendment changed from when it was
presented before.
Mr. Paladin
suggested limiting it to no residential use west of I-95.
The Chairman CALLED THE QUESTION and the
motion carried, 3-2, Commissioner Bowden and
Wheeler opposed. The Board adopted Ordinance
2006-029 amending the text of the Comprehensive
Plan’s Conservation Element, potable water
sub-element, and sanitary sewer sub-element; and
providing severability and effective date.
9.A.2. County Initiated Request To Amend The Transportation
Element Of The Comprehensive Plan (Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR PUBLIC HEARING IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
MPO Staff Director Phillip Matson used a PowerPoint Presentation pointing out this was a
County initiated request to update the Comprehensive Plan for consistency with the 2030 Long
Range Transportation Plan (LRTP), and to update the Roadway Improvement Project Listings. He
related that the substantial change in circumstances for updating the 2030 LRTP that occurred in
December of 2005 generated this request to amend the Comprehensive Plan. The original plans
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were changed to four-lane 27 Avenue (Oslo to SR 60) and 43 Avenue (Oslo to 16 Street) with
a landscape median. The DCA had one concern for Strategic Intermodal System facilities, and that
local governments adopt the Department’s level of service standards, and staff made the necessary
changes.
September 19, 2006
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The Chairman opened the public hearing.
Bob Johnson
, Coral Wind Subdivision, participated in the 2030 LRTP, and it was not clear to
him if they put changes to the MPO and whether it was automatically part of the Comprehensive
Plan, or they have to change the 2030 Plan. Director Keating responded that State Law
requirement is that the MPO LRTP and the Comprehensive Plan are consistent.
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Davis, the Board
unanimously adopted Ordinance 2006-030,
amending the text of the transportation element of
the Comprehensive Plan, and providing severability
and effective date.
REVISED CHAPTER 4 IS ON FILE IN
THE OFFICE OF THE CLERK OF THE BOARD
9.A.3. County Initiated Request To Amend The Capital
Improvements Element Of The Comprehensive Plan (Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICEOFTHECLERKTOTHEBOARD
Community Development Director Bob Keating used a PowerPoint Presentation (copy on file)
pointing out the entire Capital Improvement Element was not part of the original packet (copy is
on file and on the County’s website). He advised that the purpose of this amendment was to
recognize changes in pubic capital facilities’ needs, and to implement new State requirements
September 19, 2006
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from Senate Bill 360. He reviewed those requirements emphasizing that local governments have
to adopt financial and feasible Capital Improvement Elements by December 1, 2007. He
highlighted the changes in Appendix A, B, and C in the backup, and reviewed the objections from
the Department of Community Affairs (DCA),
There were several questions by Commissioners posed to staff for additional information.
The Chairman opened the public hearing.
Joseph Paladin
, wanted to know what sanctions the County would have since we adopted the
Senate Bill 360, and Director Keating replied there were none.
Commissioner Davis saw a conflict between Senate Bill 360 and the pending ordinance. He
expressed concern that someone could vest prior to a building permit if they use Senate Bill 360
where a link is broken.
Assistant County Attorney Bill DeBraal explained that currently they have three proportionate
share agreements. They will be required to escrow their proportionate share payment, pending
approval by Administrator Baird if it is under $50,000, and pending approval by the Board if it is
over $50,000. He added that they would also have to pay their impact fees.
Discussion ensued regarding approval of the proportionate share agreements. Administrator
Baird felt the Board would want to be aware of all of these agreements as they come in, and
Attorney DeBraal agreed to bring all of the proportionate share agreements before the Board.
There were no additional speakers and the Chairman closed the public hearing.
September 19, 2006
19
MOTION WAS MADE by Commissioner Wheeler
SECONDED by Commissioner Bowden, to approve
amending the Capitol Improvement Element, minus
2.3 million dollars designated for the multi-purpose
recreation facility project, for discussion.
Discussion ensued regarding the financial feasibility of the multi-purpose recreational facility.
Commissioner Bowden was concerned about the money coming back to the County from the
Golden Sands County Park land swap with Windsor Proportionate, and she felt they need to bring
this back for discussion.
Administrator Baird added that staff had applied for a FUR Grant and they were looking for
other ways to get additional funding.
Commissioner Bowden RESCINDED her
SECOND. MOTION FAILED.
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Davis, the Board, by
a 4-1 vote (Commissioner Wheeler opposed)
Ordinance 2006-031,
adopted amending the Text of
the Comprehensive Plan’s Capital Improvements
Element; and providing severability and effective
date.
The Chairman called for a brief recess at 10:23 a.m., and he reconvened the meeting at 10:32
a.m. with all members present.
September 19, 2006
20
CHAPTER 6 IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
9.A.4. Indian River Exchange Packers Inc.’s Request To Amend
The Comprehensive Plan To Realign The Urban Service Area
Boundary And To Redesignate 19.2 Acres From AG-1 To C/I, And To
Rezone Those 19.2 Acres From A-1 To IL (Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICEOFTHECLERKTOTHEBOARD
Community Development Director Keating stated this amendment is different from the others
because it is requested by Indian River Exchange Packers, Inc. The purpose is to realign the Urban
Service Area to include the subject property, and to rezone 19.2 acres from A-1, Agriculture, to IL,
Light Industrial. In this case, there is a significant change in circumstances, and staff feels it is
significant enough to warrant an amendment. The Planning and Zoning Commission had no
affirmative vote to approve or deny this request. He recapped the facts surrounding this property
using a PowerPoint presentation (copy on file).
The Chairman opened the public hearing.
Bob Johnson,
Coral Wind Subdivision, questioned if Ocean Spray packinghouse was
shutdown, and inquired what the status was of Mr. and Mrs. Livingston’s corridor plan with all of
these changes. Director Keating responded that they have implemented all other corridor roads
that address major roads and applied SR 60 corridor plan standards.
Bruce Barkett, Esq
. representing the applicant Indian River Exchange Packers, pointed out
he was there to answer any questions. He noted that Friday, the US Agricultural Department
September 19, 2006
21
announced Florida has lost 123,000 additional acres in citrus in the past two years, and it is an
ongoing situation.
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
by a 3-2 vote (Commissioners Davis and Wheeler
Ordinance 2006-032
opposed) adopted , amending
the future land use map by changing the land use
designation for approximately 19.2 acres located at
th
the southeast quadrant of the intersection of 9 Street
th
southwest and 74 Avenue from AG-1,
Agricultural-1 (up to 1 unit/5 acres), to C/I,
Commercial Industrial; and to realign the urban
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service boundary to include said property in the 9
th
Street southwest and 74 Avenue
Commercial/Industrial node; and providing
codification, severability and effective date.
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
by a 3-2 vote (Commissioners Davis and Wheeler
Ordinance 2006-033,
opposed) adopted amending
the zoning ordinance and zoning map for
approximately 19.2 acres located at the southeast
th
quadrant of the intersection of 9 Street southwest
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and 74 Avenue from A-1, Agricultural-1 District
September 19, 2006
22
(up to 1 unit/5 acres), to IL, Light Industrial District;
and providing codification, severability, and
effective date.
9.A.5. Sunburst/Encore L.P.’S Request To Rezone 6 Acres From
CG To CRVP (Quasi-Judicial)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICEOFTHECLERKTOTHEBOARD
The Clerk swore in all persons intending to speak on this item.
Community Development Director Keating stated the purpose of this request is to get the
zoning necessary to expand the Commercial Recreational Vehicle Park (CRVP), Fellsmere’s first
annexation east of I-95. He reviewed the criteria for this request, and stated the P&Z Commission
and staff recommended approval.
There was a brief question and answer period as the Commissioners sought additional
information.
Rene Renzi,
301 Waverly Place, was caught by surprise that Fellsmere had annexed east of
I-95. She wanted to know what other major projects are proposed after the new admin building
and the county jail. Administrator Baird advised roads, South County Library, and the
multi-function recreational facility. He said he would provide her a copy of the items they propose
to do in the next five years.
There were no other speakers and the Chairman closed the public hearing.
September 19, 2006
23
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
Ordinance 2006-034,
unanimously adopted
amending the zoning ordinance and the
accompanying zoning map for more or less 6 acres
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located west of 108 Avenue and approximately 200
feet south of CR 512, from CG, General Commercial
District to CRVP, Commercial Recreational Vehicle
Park District (up to 14 units/acre); and providing
codification, severability, and effective date.
9.A.6. Public Hearing To Adopt Ordinance To Repeal Section
305.09 Of The Code Of Indian River County To Eliminate The
Additional $3.00 Fine Imposed Under The Dori Slosberg Driver
Education Safety Act (Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICEOFTHECLERKTOTHEBOARD
Assistant County Attorney Marion Fell stated that this was prepared in accordance with the
Board’s direction to repeal the $3.00 civil traffic penalty. She advised that they are keeping the
Traffic Education Trust Fund in place so that any previously imposed $3.00 fine can be added to
that fund.
September 19, 2006
24
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
Ordinance 2006-035
unanimously adopted ,
concerning repeal of the three dollar Civil Traffic
Penalty; providing findings; amending Section
30-5.08 to maintain the Indian River County Traffic
Education Program Trust Fund; repealing Section
305.09 of the Code to Repeal the Civil Traffic
Penalty of three dollars; providing for repeal of other
conflicting ordinances; providing for severability;
providing for inclusion in the Code of Indian River
County; providing for filing with the Department of
State; and providing for an effective date.
9.A.7. Public Hearing – September 19, 2006, Ordinance Amending
The Definition Of Allowable Water Activities In A Park Or
Recreational Area (Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICEOFTHECLERKTOTHEBOARD
Assistant County Attorney Marian Fell stated surfing is currently allowed within guarded areas
at two beaches, Wabasso and Round Island. Our existing ordinance states that no surfing is
allowed in guarded areas. Staff wanted to conform the existing ordinance to the existing fact.
September 19, 2006
25
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
Ordinance 2006-036
unanimously adopted
amending Section 205.03(21) of the County’s Parks
and Recreation Ordinance; providing findings;
amending the definition of water activity in Section
205.03(21) to clarify the areas where surfing is an
allowed water activity in County parks; providing
for severability; providing for repeal of other
conflicting ordinances of Indian River County;
providing for filing with the Department of State;
and providing an effective date.
9.B. PUBLIC DISCUSSION ITEM - NONE
9.C. PUBLIC NOTICE ITEMS
9.C.1. Notice of Scheduled Public Hearing October 3, 2006:
Indian River Drive North – Petition Water Service, Indian River
County Project No. UCP 2632
10. COUNTY ADMINISTRATORS MATTERS
10.A. Cost of Living Adjustment
September 19, 2006
26
Administrator Baird checked with the Bureau of Statistics and the COLA is running at 4.1%.
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
unanimously approved a 4.1% COLA be given to the
County employees effective October 1, 2006, as
requested in the memorandum of September 13,
2006.
DEPARTMENT MATTERS
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 & BUDGET –NONE
11.H. RECREATION - NONE
11.I. PUBLIC WORKS
September 19, 2006
27
st
11.I.1. Property Acquisition, 8866 91 Court, CR 510 Widening and
Improvements, County Project No. 0610, Woody Family Holdings, Inc.,
Owner
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
unanimously approved the $75,000 property
acquisition and authorized the Chairman to execute
the Agreement as written, and as recommended in
the memorandum of September 5, 2006.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
rd
11.I.2. 43 Avenue Widening and Drainage Improvements
Workshop Comments and Staff Recommendations
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Davis, the Board
unanimously approved Alternative No. 1, to keep
utilities overhead and proceed with 30% design
utilizing Option No. 1A., as recommended in the
memorandum of August 24, 2006.
September 19, 2006
28
11.I.3. Amendment No. 1 to the Civil Engineering and Land
rd
Surveying Agreement for Intersection Improvements at SR 60 and 43
rdth
Avenue and Widening of 43 Avenue to 5 Lanes from SR 60 to 26
Avenue
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Wheeler, the Board
unanimously approved Alternative No. 1, as
recommended in the memorandum of September 8,
2006.
11.J. UTILITIES SERVICES
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11.J.1. Bella Vista Isles 6” Force Main Construction on 26 Street
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Bowden, the Board
unanimously approved the expenditure of funds for
this project in the total amount of $16,987.10 and
authorized the Chairman to execute Work
Authorization No. 2005-030 in the amount of
$10,576.15 with The Danella Companies, Inc., as
recommended in the memorandum of September 11,
2006.
September 19, 2006
29
WORK AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
11.J.2. Utilities Department Operations Center, Approval of
Change Order No. 7 for Various Changes, Approval of Final Pay
Request and Release of Retainage - Indian River County Project
No. UCP 2229
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
unanimously approved Change Order No. 7 to
increase the contract amount by $1,619.77 to
$4,768,998.77 with Summit Construction
Management, Inc.; approved final payment and
release of retainage in the amount of $686,398.62,
and authorized the Chairman to execute same, as
recommended in the memorandum of September 1,
2006.
CHANGE ORDER NO. 7 IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
th
11.J.3. Carll Heights Subdivision Petition Water Service, 6
th
Place West of 27 Avenue, Indian River County Project No.
UCP-2448, Resolution IV – Final Assessment
September 19, 2006
30
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Wheeler, the Board
Resolution 2006-145
unanimously approved
certifying “as built” costs for installation of water
th
service to Carll Heights subdivision (6 Place West
th
of 27 Avenue) 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.
12. COUNTY ATTORNEY
12.A. Attorney-Client Session
Clerk’s Note: This item was heard after Item 14.C.2. At 12:55 p.m. the Chairman announced
that the Board would retreat to the County Attorney’s Conference Room to conduct the Attorney
Client Session.
Assistant County Attorney Marian Fell read into the record the Attorney-Client Session
scheduled at 1:00 p.m. It was estimated the session would last one half hour. Those in attendance
were Arthur R. Neuberger, Gary C. Wheeler, Wesley S. Davis, Thomas S. Lowther, Sandra L.
Bowden, William K. DeBraal, Joseph A. Baird, John K. Shubin (outside counsel, via
teleconference), and a Court Reporter Deborah McMennis.
The Board returned to the Chambers at 1:28 p.m., and the Chairman closed the Attorney-Client
Session and adjourned the regular meeting of the Board.
September 19, 2006
31
Administrator Baird made a correction for the record that the employee COLA would go into
effect October 1, not October 6.
13. COMMISSIONER ITEMS
13.A. COMMISSIONER ARTHUR R. NEUBERGER,
CHAIRMAN - NONE
13.B. COMMISSIONER GARY C. WHEELER, VICE
CHAIRMAN - NONE
13.C. COMMISSIONER SANDRA L. BOWDEN
13.C.1. Cancellation of October 17, 2006 Board Meeting
ON MOTION by Commissioner Bowden,
SECONDED by Commissioner Wheeler, by a 4-1
vote, Commissioner Davis opposed, the Board
approved to cancel the October 17, 2006 Board
meeting.
September 19, 2006
32
13.D. COMMISSIONER WESLEY S. DAVIS - NONE
13.E. COMMISSIONER THOMAS S. LOWTHER - NONE
SPECIAL DISTRICTS AND BOARDS
14.A. EMERGENCY SERVICES DISTRICT - NONE
14.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the regular Board of
County Commission Meeting, the Board would reconvene as the Board of Commissioners of the
Solid Waste Disposal District Board. Those Minutes are being prepared separately and are
appended to this document.
14.B.1. Florida Power & Light Easement Form
14.C. ENVIRONMENTAL CONTROL BOARD
The Chairman announced that immediately upon adjournment of the Solid Waste Disposal
District Meeting, the Board would reconvene as the Board of Commissioners of the
September 19, 2006
33
Environmental Control Board. Those Minutes are being prepared separately and are appended to
this document.
14.C.1. Approval of Minutes Meeting of August 22, 2006
14.C.2. Release of Lien – Tim Bechtold, Environmental Control
Hearing Board Case No. 275-98
The Chairman called for a recess until 12:55 p.m. to hear Item 12.A. Attorney-Client Session.
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
There being no further business, on Motion duly made, seconded and carried, the Board
adjourned the regular meeting at 1:29 p.m.
ATTEST:
September 19, 2006
34
____________________ _________________________
Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman
Minutes Approved: _________________
September 19, 2006
35