HomeMy WebLinkAbout09/05/2006 (3)
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF SEPTEMBER 5, 2006
1. CALL TO ORDER .............................................................................................................1
2. INVOCATION ...................................................................................................................1
3. PLEDGE OF ALLEGIANCE .............................................................................................2
4. ADDITIONS/DELETIONS TO THE AGENDA/ EMERGENCY ITEMS .........................2
5. PROCLAMATIONS AND PRESENTATIONS .................................................................3
5.A. PRESENTATION OF RETIREMENT AWARD HONORING RITA DION FOR THIRTY
AND A HALF YEARS OF SERVICES TO INDIAN RIVER COUNTY YOUTH
GUIDANCE ...............................................................................................................3
5.B. PRESENTATION BY JIM GABBARD, CITY MANAGER, CITY OF VERO BEACH ...3
6. APPROVAL OF MINUTES - NONE .................................................................................5
7. CONSENT AGENDA ........................................................................................................5
7.A. REPORTS PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 5
1. Vero Lakes Water Control District Notice of Regular Meeting, September 15, 2006
at 9:30 a.m., in Vero Beach ..................................................................................5
2. Vero Lakes Water Control District Budget for Year Ending September 30, 2007 .5
3. Report of Convictions for July 2006 .....................................................................5
September 5, 2006
1
7.B. ANNUAL FIRE CONTROL REPORT BY FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY .............5
7.C. APPROVAL OF WARRANTS – AUGUST 11-17, 2006 ...............................................6
7.D. APPROVAL OF WARRANTS – AUGUST 18-24, 2006 ...............................................6
7.E. APPOINTMENT TO THE CODE ENFORCEMENT BOARD (ARTHUR R.
NEUBERGER) ...........................................................................................................6
7.F. APPOINTMENT TO THE CODE ENFORCEMENT BOARD (THOMAS S.
LOWTHER) ...............................................................................................................6
7.G. GRANT OF DEED OF EASEMENT BY INDIAN RIVER COUNTY AND THE CITY OF
VERO BEACH FOR PUBLIC UTILITIES ..................................................................7
7.H. 2007 HOLIDAY SCHEDULE .....................................................................................8
7.I. MISCELLANEOUS BUDGET AMENDMENT 021 ....................................................8
7.J. MISCELLANEOUS BUDGET AMENDMENT 022 ....................................................8
7.K. RESOLUTION REQUESTING ASSISTANCE FROM STATE OF FLORIDA BEACH
EROSION CONTROL PROGRAM .............................................................................9
7.L. REQUEST FOR RELEASE OF RETAINAGE FOR THE DESIGN PORTION OF
WORK ORDER NO. 5 “FINAL ENGINEERING DESIGN OF VORTEX TREATMENT
SYSTEMS AT THE MAIN RELIEF CANAL, NORTH RELIEF CANAL, AND SOUTH
RELIEF CANAL IN THE INDIAN RIVER FARMS WATER CONTROL DISTRICT” ..9
7.M. APPROVAL OF WORK ORDER NO. 16 WITH MASTELLER, MOLER, REED AND
TAYLOR, INC. TO PROVIDE A BOUNDARY SURVEY AT THE CENTRAL
REGIONAL WASTEWATER TREATMENT FACILITY............................................. 10
7.N. STATE AID APPLICATION/AGREEMENT (Division of Library and Information
Services) .................................................................................................................. 10
September 5, 2006
2
7.O. QUAIL CREEK PD REQUEST FROM SUCCESSOR DEVELOPER, SLM
INVESTMENTS, LLC (STANLEY MARKOFSKY, MANAGING MEMBER) FOR AN
EXTENSION TO COMPLETE REQUIRED IMPROVEMENTS (Former Developer
Regent Group, LLC) ................................................................................................ 11
7.P. ASHLEY LAKES NORTH REQUEST FROM DEVELOPER, ASHLEY LAKES NORTH,
LLC (STANLEY MARKOFSKY, MANAGING MEMBER) FOR AN EXTENSION TO
COMPLETE REQUIRED IMPROVEMENTS........................................................... 12
TH
7.Q. 5 STREET SW AT LATERAL J CANAL DIRECTIONAL DRILL 8-INCH FORCE
MAIN UNDER 36-INCH CULVERT, APPROVAL OF CHANGE ORDER NO. 1 AND
FINAL PAYMENT TO CONTRACTOR .................................................................... 12
RD
7.R. ADDENDUM TO WORK ORDER NO. 1, ARCADIS G & M, INC. 43 AVENUE
TH
(OSLO ROAD TO 8 STREET ) RIGHT-OF-WAY MAPPING PROJECT ............... 13
7.S. CR 512, PHASE III, CR 510 – PROJECT #9611 & 0001, BID NUMBER 2006-065,
CHANGE ORDER #4 .............................................................................................. 13
ST
7.T. CHANGE ORDER NO. 2 FOR 41 STREET IMPROVEMENTS AND
RD
INTERSECTION IMPROVEMENTS AT 43 AVENUE AND KINGS HIGHWAY, IRC
PROJECT #0016 AND #0236, BID #7074 (RANGER CONSTRUCTION)................ 14
7.U. REQUEST FOR FLOODPLAIN CUT AND FILL BALANCE WAIVER FOR ORCHID
RESERVE AT 8910 US 1 ......................................................................................... 14
7.V. SCHUMANN DRIVE FORCE MAIN REPLACEMENT FROM BAILEY DRIVE TO
CAPROL LANE, APPROVAL OF FINAL PAYMENT TO CONTRACTOR ............... 15
7.W. CONSIDERATION OF INDIAN RIVER COUNTY 2006 SHIP PROGRAM AND HHR
PROGRAM ANNUAL REPORTS ............................................................................. 15
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE ........ 16
September 5, 2006
3
9. PUBLIC ITEMS ............................................................................................................... 16
9.A. PUBLIC HEARINGS ............................................................................................... 16
1. ORDINANCE AMENDING SECTION 305.09 OF THE CODE OF INDIAN
RIVER COUNTY TO INCREASE THE FINE UNDER THE DORI SLOSBERG
DRIVER EDUCATION (Legislative) ................................................................ 16
B. PUBLIC DISCUSSION ITEMS ................................................................................ 18
1. REQUEST TO SPEAK FOR JOE PALADIN REGARDING SR 60 WIDENING
PROJECT .......................................................................................................... 18
C. PUBLIC NOTICE ITEMS ........................................................................................ 18
1. NOTICE OF CHANGE IN DATE FOR PUBLIC HEARING – ORDINANCE
AMENDING THE DEFINITION OF ALLOWABLE WATER ACTIVITIES IN A
PARK OR RECREATION AREA – RESCHEDULED FOR SEPTEMBER 19,
2006 (Legislative) .............................................................................................. 18
2. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR UPCOMING BOARD
MEETINGS ....................................................................................................... 18
September 12, 2006 Meeting: .................................................................................. 18
A. Young Kim: Request for Small Scale Comprehensive Plan Future Land Use
Map Amendment Approval to Redesignate .52 Acres located east of US Hwy
st
1 and approximately 470 feet north of 21 Street SE from L-2 to C/I; and to
Rezone those .52 Acres from RS-6 to CG. Heon Young Kim, Owner. Michael
Kim, Agent. (Legislative) ............................................................................. 18
September 12, 2006 Special Meeting - 6:00 PM, First Floor Conference Room A:... 19
B. Treviso: Proposed Settlement of Lawsuit, Treviso, LLC v. Indian River County,
Public Hearing on Request for Rezoning Approval. (Quasi-Judicial) ...............
.............................................................................................................. 19
September 19, 2006 Meeting: .................................................................................. 19
September 5, 2006
4
C. County Initiated: Request to Amend the Conservation Element, the Potable
Water Sub-Element and the Sanitary Sewer Sub-Element of the Comprehensive
Plan. (Legislative) .......................................................................................... 19
D. County Initiated: Request to Amend the Transportation Element of the
Comprehensive Plan. (Legislative) ................................................................ 19
E. County Initiated: Request to Amend the Capital Improvements Element of the
Comprehensive Plan. (Legislative) ................................................................ 19
F. Indian River Exchange Packers Inc.: Request to Amend the Future Land Use
Map of the Comprehensive Plan. (Legislative) .............................................. 19
10. COUNTY ADMINISTRATOR’S MATTERS - NONE .................................................... 20
11. DEPARTMENTAL MATTERS ....................................................................................... 20
A. COMMUNITY DEVELOPMENT - NONE ................................................................ 20
B. EMERGENCY SERVICES - NONE .......................................................................... 20
C. GENERAL SERVICES - NONE ................................................................................ 20
D. HUMAN RESOURCES - NONE ............................................................................... 20
E. HUMAN SERVICES - NONE ................................................................................... 20
F. LEISURE SERVICES – NONE ................................................................................. 20
G. OFFICE OF MANAGEMENT AND BUDGET - NONE ........................................... 20
H. RECREATION - NONE ............................................................................................ 21
I. PUBLIC WORKS - NONE ....................................................................................... 21
11.J. UTILITIES SERVICES ............................................................................................. 21
1. HIGH POINTE SUBDIVISION – DEVELOPER’S AGREEMENT FOR OFFSITE
UTILITIES ........................................................................................................ 21
September 5, 2006
5
12. COUNTY ATTORNEY ................................................................................................... 22
A. SUNRISE SUBDIVISION REQUEST FROM DEVELOPER, SUNRISE VERO BEACH,
L.L.C. (JOHN P. GENONI, JR., JOHN M. GENONI, AND CHARLES B. GENONI
MANAGING MEMBERS) FOR AN EXTENSION TO COMPLETE REQUIRED
IMPROVEMENTS AND REQUIRED SIDEWALK IMPROVEMENTS ..................... 22
13. COMMISSIONERS ITEMS ............................................................................................. 25
A. COMMISSIONER ARTHUR R. NEUBERGER, CHAIRMAN – Planning and Zoning
Commission Resignation Request ............................................................................. 25
B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN.................................... 26
1. S.R. 60 6-laning – Financial Analysis and Priority List of County Road Projects as
Prepared by Staff - Deleted ................................................................................ 26
2. Salary Study ....................................................................................................... 26
C. COMMISSIONER SANDRA L. BOWDEN - NONE .................................................. 28
D. COMMISSIONER WESLEY S. DAVIS ..................................................................... 28
1. Update on Oslo Boat Ramp ................................................................................ 28
E. COMMISSIONER THOMAS S. LOWTHER - NONE ................................................ 29
STATE REPRESENTATIVE STAN MAYFIELD .................................................................... 29
14. SPECIAL DISTRICTS AND BOARDS ........................................................................... 30
A. EMERGENCY SERVICES DISTRICT - NONE ......................................................... 30
B. SOLID WASTE DISPOSAL DISTRICT .................................................................... 30
1. Approval of Minutes June 6, 2006 ...................................................................... 30
2. Approval of Minutes July 11, 2006 .................................................................... 30
3. 2006 Petition Hearing Solid Waste Disposal District Assessment Fees ............... 30
September 5, 2006
6
4. Approval of Bid Award for IRC Bid #2006089 40 Cubic Yard Roll Off Containers.
Utilities Department/ Solid Waste Disposal District ........................................... 30
C. ENVIRONMENTAL CONTROL BOARD – NONE ................................................... 30
15. ADJOURNMENT ............................................................................................................ 30
September 5, 2006
7
September 5, 2006
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular Session at
th
the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday, September 5,
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, Assistant County Attorney Marian Fell, Executive Aide to the Board
Kimberly Massung, and Deputy Clerk Patricia M. Ridgely.
1. CALL TO ORDER
Chairman Neuberger called the meeting to order at 9:00 a.m.
2. INVOCATION
Rev. Dawn Lawton
, Christ by the Sea United Methodist Church, delivered the Invocation.
September 5, 2006
1
3. PLEDGE OF ALLEGIANCE
Commissioner Thomas S. Lowther led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/
EMERGENCY ITEMS
Chairman Neuberger requested the following changes to today’s Agenda:
7.F. Corrected Page 57
7.G. Corrected Page 58
7.M. Additional Backup – page 81A
11.J.1. Corrected Page 224
12.A. Additional Backup (Letter dated Sept. 1, 2006 from Charles Genoni)
14.B.3. Corrected Page 256
Vice Chairman Wheeler advised that he wanted to remove his item, 13.B.1., SR 60 discussion,
but leave his other item 13.B.2., Salary Study.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Lowther, the Board unanimously made the above
changes to the Agenda.
County Administrator Baird advised that Mr. Paladin wished to withdraw his item, 9.B.1. and
Joseph Paladin
nodded in agreement.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously withdrew Item
9.B.1. from the Agenda.
September 5, 2006
2
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATIONOFRETIREMENTAWARDHONORING
RITADIONFORTHIRTYANDAHALFYEARSOF
SERVICESTOINDIANRIVERCOUNTYYOUTHGUIDANCE
Chairman Neuberger read a Proclamation and Retirement Award into the record and
presented both to the honoree.
Rita Dion
thanked the Board for the recognition and thanked her staff and volunteers as
well.
5.B. PRESENTATIONBYJIMGABBARD,CITYMANAGER,CITY
OFVEROBEACH
City Manager Jim Gabbard
advised that the City is involved in the difficult process of exiting
their agreement with the Florida Municipal Power Agency (FMPA). He thanked County Administrator
Baird and the Commissioners for this opportunity to educate the public on the City’s electrical system.
He believed an explanation would show the City is not “the big bad wolf” that people think they are.
John Lee
, Customer Service Manager for City of Vero Beach, using a slide presentation
compared the charges for electricity by the City and Florida Power & Light’s (FPL). He explained the
differences of what their 3 different customer groups (City residents, unincorporated area residents, and
Indian River Shores residents) pay for the same usage. (A copy of Mr. Lee’s report and presentation is on
file in the office of the Clerk to the Board.) Slides are entitled: Electric Customer Comparison –
Inside/Outside City Limits, City of Vero Beach – General Fund Revenue, Indian River County –
September 5, 2006
3
Franchise Fee Revenue, Florida Administrative Code – Statute, City of Vero Beach/Florida Power and
Light Cost Comparison, City of Vero Beach/Indian River County Water/Sewer Cost Comparison.)
Mr. Lee
provided explanation and responded to questions of the Commissioners regarding
residential, commercial and industrial classes, base rate, fuel adjustment charges, fuel rate structure, and
the Public Service Commission, the 10% City Utility Tax, and the 6% County fee-in-lieu-of-franchise
fee. While he admitted that FPL’s usage fee for under 1,000 kw hours is lower than the City’s, he gave a
cost comparison of the City’s rates versus FPL’s rates on a typical customer’s use and explained that the
City is trying to bring their cost in line. He also showed a slide comparing the City’s rates versus the
County’s rates for water/sewer on 6,000 gallons of water. He cautioned against looking at raw numbers
and noted that all departments are complying with applicable regulations.
A brief discussion occurred regarding water/sewer rates.
County Administrator Baird responded to questions and explained the franchise taxes.
Mr. Lee
also addressed the complaint of Cherrise Livingstone at the August 22, 2006 meeting.
He speculated that there might have been other charges on her first bill besides kilowatt usage and
without seeing her bill it would be difficult to dispute her numbers.
Following the presentation, Commissioner Wheeler understood that inequities can be explained
and appreciated the presentation. Commissioner Davis agreed that comparing numbers could have
shown a tremendous inequity.
City Manager Gabbard
thanked the Commissioners again and advised that because of the
recent hurricanes, the City has been able to improve its system and capabilities. He expected the City’s
system would not be down as long if we experience another hurricane. He noted that effective September
st
1, there will be an 8% reduction in their costs. In concluding, he stated they have a quality system with
outstanding professionals and hoped the City’s electric service would be cheaper in the future.
Chairman Neuberger appreciated the reliability of the City’s power system and lamented that he
now has FPL and wishes he were still on the City’s system. Vice Chairman Wheeler was pleased to
report that he has underground City electric and his power was restored two days after both hurricanes.
September 5, 2006
4
6. APPROVAL OF MINUTES - NONE
7. CONSENT AGENDA
Items 7.E., 7.F., 7.O., 7.P., and 7.S. were separated from the Consent Agenda for discussion.
7.A. REPORTSPLACEDONFILEINTHEOFFICEOFTHE
CLERKTOTHEBOARD
1. Vero Lakes Water Control District Notice of Regular Meeting,
September 15, 2006 at 9:30 a.m., in Vero Beach
2. Vero Lakes Water Control District Budget for Year Ending
September 30, 2007
3. Report of Convictions for July 2006
For information only; no action was required or taken.
7.B. ANNUALFIRECONTROLREPORTBYFLORIDA
DEPARTMENTOFAGRICULTUREANDCONSUMER
SERVICES,DIVISIONOFFORESTRY
Report filed for the record; no action required or taken. (Clerk’s Note: Copy of Operating Plan
between Florida Division of Forestry and Indian River County Fire Rescue FY 06-07 is also included in
the backup.)
September 5, 2006
5
7.C. APPROVALOFWARRANTS–AUGUST11-17,2006
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously approved the list
of warrants issued by the Clerk to the Board for the time period of
August 11-17, 2006, as recommended in the memorandum of
August 17, 2006.
7.D. APPROVALOFWARRANTS–AUGUST18-24,2006
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously approved the list
of warrants issued by the Clerk to the Board for the time period of
August 18-24, 2006, as recommended in the memorandum of
August 24, 2006.
7.E. APPOINTMENTTOTHECODEENFORCEMENTBOARD
(ARTHURR.NEUBERGER)
7.F. APPOINTMENTTOTHECODEENFORCEMENTBOARD
(THOMASS.LOWTHER)
Chairman Neuberger suggested these two items be considered together. He had
recommended that Richard D. Cahoy be appointed to the Code Enforcement Board as the Businessman
September 5, 2006
6
Appointee, but Commissioner Lowther had recommended the appointment of Keith D. Hedin for the
same position.
Discussion was held after which Chairman Neuberger polled the Commissioners on their
choice of the two appointees.
Commissioner Davis – Hedin
Vice Chairman Wheeler – Hedin
Commissioner Lowther – Hedin
Chairman Neuberger – Cahoy
Commissioner Bowden – Hedin
Chairman Neuberger announced that Mr. Hedin would be the Businessman Appointee to
the Code Enforcement Board.
7.G. GRANTOFDEEDOFEASEMENTBYINDIANRIVER
COUNTYANDTHECITYOFVEROBEACHFORPUBLIC
UTILITIES
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the Deed
of Easement and authorized the Chairman to sign same, as
recommended in the memorandum of August 23, 2006. (City to
remove existing overhead power lines and relocate those lines
underground in vicinity of Country Club Pointe and Indian River
Boulevard.)
DEED OF EASEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
September 5, 2006
7
7.H. 2007HOLIDAYSCHEDULE
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously approved the
2007 Holiday Schedule as proposed by staff in the memorandum
of August 15, 2006.
7.I. MISCELLANEOUSBUDGETAMENDMENT021
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Resolution No. 2006-117 amending the fiscal year 2005-2006
budget. (Authorized the Budget Director to complete any
necessary budget amendments for balancing the budget for the
2005/2006 fiscal year.)
7.J. MISCELLANEOUSBUDGETAMENDMENT022
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Resolution No. 2006-118 amending the fiscal year 2005-2006
budget.
September 5, 2006
8
7.K. RESOLUTIONREQUESTINGASSISTANCEFROMSTATE
OFFLORIDABEACHEROSIONCONTROLPROGRAM
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Resolution No. 2006-119 requesting assistance from the State of
Florida Beach Erosion Control Program.
7.L. REQUESTFORRELEASEOFRETAINAGEFORTHE
DESIGNPORTIONOFWORKORDERNO.5“FINAL
ENGINEERINGDESIGNOFVORTEXTREATMENT
SYSTEMSATTHEMAINRELIEFCANAL,NORTHRELIEF
CANAL,ANDSOUTHRELIEFCANALINTHEINDIAN
RIVERFARMSWATERCONTROLDISTRICT”
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously approved release
of retainage for the final design services covered by Application
for Payment No. 18 for Work Order No. 5, to Carter Associates,
Inc., with funding as specified in and as recommended in the
memorandum of August 17, 2006.
September 5, 2006
9
7.M. APPROVALOFWORKORDERNO.16WITHMASTELLER,
MOLER,REEDANDTAYLOR,INC.TOPROVIDEA
BOUNDARYSURVEYATTHECENTRALREGIONAL
WASTEWATERTREATMENTFACILITY
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously approved Work
Order No. 16 with Masteller, Moler, Reed and Taylor Inc., in the
amount (not-to-exceed) $4,500 and authorized the Chairman to
execute the same as presented, and as recommended in the
memorandum of August 10, 2006.
WORK ORDER NO. 16 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.N. STATEAIDAPPLICATION/AGREEMENT(D
IVISION OF
LIS)
IBRARY AND NFORMATION ERVICES
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously authorized the
Chairman to sign the agreements and return them to the Library
Services Director to be forwarded to the appropriate State Library
staff, as recommended in the memorandum of August 25, 2006.
COPY OF PARTIALLY EXECUTED DOCUMENT IS ON FILE
September 5, 2006
10
IN THE OFFICE OF THE CLERK TO THE BOARD
7.O. QUAILCREEKPDREQUESTFROMSUCCESSOR
DEVELOPER,SLMINVESTMENTS,LLC(STANLEY
MARKOFSKY,MANAGINGMEMBER)FORANEXTENSION
TOCOMPLETEREQUIREDIMPROVEMENTS(F
ORMER
DRG,LLC)
EVELOPER EGENT ROUP
Assistant County Attorney William K. DeBraal explained that this and the next item (7.P.) were
similar. He explained that the original development agreement would not change and they would still
have to operate under the old plat approval.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
extending the time to perform for one year for the required
improvements provided the developer provides a certified cost
estimate from its engineer reflecting today’s prices, and that the
security be amended to extend the expiration date to 90 days
beyond the new completion date and increased if the certified cost
estimate reflects an increase, as recommended in the
memorandum of August 29, 2006.
September 5, 2006
11
7.P. ASHLEYLAKESNORTHREQUESTFROMDEVELOPER,
ASHLEYLAKESNORTH,LLC(STANLEYMARKOFSKY,
MANAGINGMEMBER)FORANEXTENSIONTO
COMPLETEREQUIREDIMPROVEMENTS
See above item (7.O.) for Assistant County Attorney William K. DeBraal’s comments.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
extending the time to perform for one year for the required
improvements provided the developer provide a certified cost
estimate from its engineer reflecting today’s prices, and that the
security be amended to extend the expiration date to 90 days
beyond the new completion date and increased if the certified cost
estimate reflects an increase, as recommended in the
memorandum of August 29, 2006.
TH
7.Q. 5STREETSWATLATERALJCANALDIRECTIONAL
DRILL8-INCHFORCEMAINUNDER36-INCHCULVERT,
APPROVALOFCHANGEORDERNO.1ANDFINAL
PAYMENTTOCONTRACTOR
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously approved the
September 5, 2006
12
total labor cost of $21,232.07, Change Order No. 1 for an
additional $9,587.97 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 presented, and
as recommended in the memorandum of August 14, 2006.
7.R. ADDENDUMTOWORKORDERNO.1,ARCADISG&M,INC.
RDTH
43AVENUE(OSLOROADTO8STREET)
RIGHT-OF-WAYMAPPINGPROJECT
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Addendum to Work Order No. 1 authorizing the project as
outlined in the scope of services in the amount of $11,690.00 and
authorized the Chairman to execute the same, as recommended in
the memorandum of August 25, 2006.
ADDENDUM TO WORK ORDER NO. 1 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.S. CR512,PHASEIII,CR510–PROJECT#9611&0001,BID
NUMBER2006-065,CHANGEORDER#4
County Engineer Christopher J. Kafer, Jr. responded to questions from Commissioner
Davis about the project and an intersection within the project.
September 5, 2006
13
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board unanimously approved
Change Order #4 increasing the contract amount by $215,507.25,
for a new contract amount of $13,622,330.63, as recommended in
the memorandum of August 23, 2006.
ST
7.T. CHANGEORDERNO.2FOR41STREETIMPROVEMENTS
RD
ANDINTERSECTIONIMPROVEMENTSAT43AVENUE
ANDKINGSHIGHWAY,IRCPROJECT#0016AND#0236,
BID#7074(RANGERCONSTRUCTION)
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Change Order #2 increasing the contract amount by $54,273.14
and increasing the contract time 158 days with a final completion
date of March 31, 2007, with funding as specified and as
recommended in the memorandum of August 14, 2006.
7.U. REQUESTFORFLOODPLAINCUTANDFILLBALANCE
WAIVERFORORCHIDRESERVEAT8910US1
September 5, 2006
14
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously approved the cut
and fill balance waiver request (Alternative No. 1), as
recommended in the memorandum of August 24, 2006.
7.V. SCHUMANNDRIVEFORCEMAINREPLACEMENTFROM
BAILEYDRIVETOCAPROLLANE,APPROVALOFFINAL
PAYMENTTOCONTRACTOR
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved the
total labor cost of $66,309.63 and approved Application for
Payment Request No. 1 – Final, as final payment to the
Contractor, The Danella Companies, Inc., in the amount of
$66,309.63, as recommended in the memorandum of August 10,
2006.
7.W. CONSIDERATIONOFINDIANRIVERCOUNTY2006SHIP
PROGRAMANDHHRPROGRAMANNUALREPORTS
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously approved the
SHIP (State Housing Initiatives Partnership) annual reports and
September 5, 2006
15
the HHR (Hurricane Housing Recovery) annual report, and
authorized the Chairman to sign the reports’ Certification pages,
as recommended in the memorandum of August 14, 2006.
SHIP PROGRAM REPORTS FOR FY 2003/04, 2004/05, 2005/06 AND
HHR PROGRAM ANNUAL REPORT FOR FY 2005/06 ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
9. PUBLIC ITEMS
9.A. PUBLICHEARINGS
1. ORDINANCE AMENDING SECTION 305.09 OF THE CODE OF
INDIAN RIVER COUNTY TO INCREASE THE FINE UNDER
THE DORI SLOSBERG DRIVER EDUCATION (Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Assistant County Attorney Marian Fell explained the proposed ordinance noting that the
fine would be increased to $5.00 instead of the current $3.00.
September 5, 2006
16
The Chairman opened the public hearing. There were no speakers and the Chairman
closed the public hearing.
MOTION WAS MADE by Vice Chairman Wheeler,
SECONDED by Commissioner Davis, to deny adoptions of the
proposed ordinance.
Vice Chairman Wheeler was opposed because tickets for moving violations are quite
costly now without this additional, even though small, amount being added.
Commissioner Davis agreed with Vice Chairman Wheeler.
Commissioner Bowden agreed with Vice Chairman Wheeler and asked Attorney Fell to
explain what would happen if they were to not approve the proposed ordinance.
Attorney Fell explained that there would be no provision in the Statutes to continue to
collect the $3.00 fee (if the Board did not increase it to $5.00). She added that if this ordinance were not
approved, the Board would need to hold another public hearing to repeal the current $3.00 fee.
Chairman Neuberger thought they should approve the proposed ordinance.
The motion was clarified to not approve the proposed ordinance and to move forward to
eliminate the $3 fee currently being charged on traffic tickets for moving violations.
The Chairman CALLED THE QUESTION and the motion
carried 3-2 (Chairman Neuberger and Commissioner Lowther
opposed). (Proposed ordinance was not adopted and the old
ordinance would be brought forward for their further action.)
September 5, 2006
17
B. PUBLICDISCUSSIONITEMS
1. REQUEST TO SPEAK FOR JOE PALADIN REGARDING SR 60
WIDENING PROJECT
This item was removed from the Agenda at the request of Mr. Paladin.
C. PUBLICNOTICEITEMS
1. NOTICE OF CHANGE IN DATE FOR PUBLIC HEARING –
ORDINANCE AMENDING THE DEFINITION OF
ALLOWABLE WATER ACTIVITIES IN A PARK OR
RECREATION AREA –
RESCHEDULED FOR SEPTEMBER 19,
(Legislative)
2006
2. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR
UPCOMING BOARD MEETINGS
September 12, 2006 Meeting:
A. Young Kim: Request for Small Scale Comprehensive Plan
Future Land Use Map Amendment Approval to Redesignate .52
Acres located east of US Hwy 1 and approximately 470 feet north of
st
21 Street SE from L-2 to C/I; and to Rezone those .52 Acres from
RS-6 to CG. Heon Young Kim, Owner. Michael Kim, Agent.
(Legislative)
September 5, 2006
18
September 12, 2006 Special Meeting - 6:00 PM, First Floor Conference
Room A:
B. Treviso: Proposed Settlement of Lawsuit, Treviso, LLC v.
Indian River County, Public Hearing on Request for Rezoning
Approval. (Quasi-Judicial)
September 19, 2006 Meeting:
C. County Initiated: Request to Amend the Conservation Element,
the Potable Water Sub-Element and the Sanitary Sewer Sub-Element
of the Comprehensive Plan. (Legislative)
D. County Initiated: Request to Amend the Transportation
Element of the Comprehensive Plan. (Legislative)
E. County Initiated: Request to Amend the Capital Improvements
Element of the Comprehensive Plan. (Legislative)
F. Indian River Exchange Packers Inc.: Request to Amend the
Future Land Use Map of the Comprehensive Plan. (Legislative)
The Chairman read the notices into the record.
September 5, 2006
19
10. COUNTY ADMINISTRATOR’S MATTERS - NONE
11. DEPARTMENTAL MATTERS
A. COMMUNITYDEVELOPMENT-NONE
B. EMERGENCYSERVICES-NONE
C. GENERALSERVICES-NONE
D. HUMANRESOURCES-NONE
E. HUMANSERVICES-NONE
F. LEISURESERVICES–NONE
G. OFFICEOFMANAGEMENTANDBUDGET-NONE
September 5, 2006
20
H. RECREATION-NONE
I. PUBLICWORKS-NONE
11.J. UTILITIESSERVICES
1. HIGH POINTE SUBDIVISION – DEVELOPER’S AGREEMENT FOR
OFFSITE UTILITIES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board unanimously approved the
Developer’s Agreement with Highpointe, L.L.C., authorized the
Utilities Department to recover capacity charges and line
extension fees from future development, and authorized the
Chairman to execute same, as recommended in the memorandum
of August 14, 2006.
AGREEMENT IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
September 5, 2006
21
12. COUNTY ATTORNEY
A. SUNRISESUBDIVISIONREQUESTFROMDEVELOPER,
SUNRISEVEROBEACH,L.L.C.(JOHNP.GENONI,JR.,JOHNM.
GENONI,ANDCHARLESB.GENONIMANAGINGMEMBERS)
FORANEXTENSIONTOCOMPLETEREQUIRED
IMPROVEMENTSANDREQUIREDSIDEWALK
IMPROVEMENTS
MOTION WAS MADE by Commissioner Davis, SECONDED
by Commissioner Lowther for discussion, to approve staff’s
recommendation as stated in the memorandum of August 29,
2006.
Assistant County Attorney William K. DeBraal advised that the applicant wanted to extend the
time for completion of the required improvements and the Board had the power to grant or deny it. He
pointed out that if the Board denied approval, the County would call the security (Clerk’s Note: The LOC
was in the amount of $2,935,560.24.) and have the responsibility to take over the required improvements
within the subdivision. Attorney DeBraal stated that if the Board approved this extension, the Letter of
Credit (LOC) would be increased to reflect today’s dollars. He added that staff had requested the
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developer post additional funds for the improvements to 17 Lane SW to make sure that the necessary
turn lanes are done.
Under discussion, Commissioner Lowther wanted to deny this request based on past
non-cooperation in regard to The Preserve by this developer.
September 5, 2006
22
Adam Armaganian
, Project Manager for the Sunrise Subdivision, explained that just last week
he received the information regarding the external road work and it turned out to be over $500,000. He
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had no idea, up to that point, that they would be required to do that work (17 Lane SW turn lane) as part
of their request for an extension. In his opinion, these should be treated as two separate issues. He asked
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that the Board give them an extension and allow them to work with staff and Falcon Trace on 17 Lane
SW as a separate item.
Public Works Director Jim Davis explained how the circumstances related to The Preserve were
different. He advised that the issue before them had to do with extending their LOC for the infrastructure
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inside the subdivision. The expiring $2.9 million LOC had included some money for the 17 Lane SW
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improvements. He wanted the funds for 17 Lane SW to be placed in an escrow account so all the
improvements could be done at the same time without having to tear up the road a second time to put in
the turn lane for Sunrise. He said this developer was unwilling to advance the money and was claiming a
cash flow problem.
John Genoni
of Sunrise stated that when he met Friday with Director Davis, he wanted the
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extension of the contracts for construction to be a separate issue from the money for the turn lanes on 17
Lane SW. He did not understand why they had to be tied together.
County Administrator Baird thought they needed be tied together.
Director Davis pointed out that was the only control the County would have.
Commissioner Lowther agreed.
Attorney DeBraal advised that staff did not object to the one-year extension conditioned upon
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funds for the 17 Lane SW improvements.
Director Davis stated that staff had looked again closely at the number and felt that $300,000
could do the job combined with the $576,000 from Falcon Trace, for a total of $876,000. He wanted
$300,000 to come out of the LOC and put in the bank for the County to draw on.
Mr. Genoni
In response to Commissioner Davis as to when they could vest their concurrency,
advised that their intent is to complete the project once they are able to get the concurrency and that they
are “not running away” from it, they are committed. He thought the soonest would be about a year out.
September 5, 2006
23
Commissioner Bowden understood that Director Davis was changing the requested dollar figure
from $576,000 to $300,000.
Director Davis explained he was able to reduce the figure because Falcon Trace has a section of
the roadway that overlaps where this developer would have to construct a turn lane.
County Administrator Baird thought the amount should remain the same.
Commissioner Davis restated his motion, to accept staff’s recommendation (as in the
memorandum) for $526,492.25.
Mr. Genoni
declared they could not put up the money now. He continued to claim there were
two separate issues. He committed to not sell any lots and said he would put that in writing if the County
wanted that.
Director Davis stated the only way to get the road built was to have the money in the bank to
combine with Falcon Trace’s money. He did not want to have to take the road out of service twice as it is
necessary for the people who live in Vero Highlands.
Mr. Genoni
asked that the LOC be extended and reiterated they could not come out-of-pocket
now for $300,000.
Based on Director Davis’ new recommendation, Commissioner Davis was willing to change his
motion to reduce the amount (from $526,492.25) in the memorandum’s recommendation to $300,000.
County Administrator Baird was concerned and recommended that if Mr. Genoni could not
follow through with this, the Board needed to exercise the existing letter of credit. He needed that motion
because someone would have to exercise the existing letter of credit if this all fails today. He thought it
had to be part of that motion because it appeared there was a dispute and he felt very strongly about the
necessity of doing the improvements. He asked the Board to make a motion to approve the letter of credit
and if the developer does not do the improvements the County would go ahead and exercise the existing
LOC ($2,935,560.24).
Discussion continued.
Commissioner Lowther WITHDREW HIS SECOND. Motion
DIED.
September 5, 2006
24
ON MOTION by Commissioner Davis, SECONDED by
Chairman Neuberger, the Board by a vote of 4-1 (Commissioner
Lowther opposed) approved extending the time to perform the
required improvements for one year and two additional years for
constructing the sidewalks provided the security for each contract
is amended to increase the amount as reflected in the
corresponding approved and updated certified cost estimate, and
that the expiration date of the security is extended 90 days beyond
the new completion date; placed as a condition upon the
extension, a requirement that the developer contribute $300,000
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toward the construction of 17 Lane SW intersection
improvements (rather than construct as originally planned); and if
the developer does not follow through with the $300,000
contribution, the County would exercise the existing letter of
credit ($2,935,560.24) to complete the improvements.
13. COMMISSIONERS ITEMS
A. COMMISSIONERARTHURR.NEUBERGER,CHAIRMAN–
PZCRR
LANNING AND ONING OMMISSION ESIGNATION EQUEST
Chairman Neuberger advised that he had asked his appointee, Bob Bruce, to resign from the P &
Z. He advised that he would bring a new name forward in the near future.
September 5, 2006
25
B. COMMISSIONERGARYC.WHEELER,VICECHAIRMAN
1. S.R. 60 6-laning – Financial Analysis and Priority List of County
Road Projects as Prepared by Staff - Deleted
This item was removed from the Agenda at the request of Vice Chairman Wheeler.
2. Salary Study
Vice Chairman Wheeler understood at the Budget Workshop in July that the 12% increase
approved for the Sheriff’s office was for Law Enforcement and Corrections personnel. Since then, he has
heard that it was for the entire agency and wanted to know whether that was correct or incorrect.
Sheriff Roy Raymond responded that the increase would be for his entire agency. He
explained that his budget request had been reduced to a 9% increase when he came to the Workshop, and
the County Commission decided to go back to the 12%. He provided salary increase information since
becoming Sheriff and compared it to increases the Board of County Commissioners’ employees have
received.
Vice Chairman Wheeler asked if the information was accurate concerning increases for
the Board of County Commissioners’ employees.
Discussion ensued during which County Administrator Baird gave information on the
COLA and years it would take an employee of the Board of County Commissioners to reach the
maximum salary range for a classification. He referred to the “Cody study” and how it determined
percentage increases based on an employee’s years in a classification.
Vice Chairman Wheeler stated that the Board needed to be fair to everyone employed by
the County based on their job description regardless of where they work in the County. He believed a
study should be undertaken.
September 5, 2006
26
MOTION WAS MADE by Vice Chairman Wheeler,
SECONDED by Chairman Neuberger, to do a salary study for all
employees of the County (Board and Constitutional Officers) and
directed the County Administrator to bring back the necessary
information so it can be done.
Under discussion, County Administrator Baird estimated the last salary study (for the
Board of County Commissioners’ employees) was 5 years ago. He estimated that such a study, to include
employees of the Constitutional Officers, could be done for $75,000.
Sheriff Raymond indicated his agreement with having such a study done although he was
rd
disappointed with “Cody’s study” (done in his first year as Sheriff) in the 3 year because he lost
employees to other counties for pay rate reasons.
Vice Chairman Wheeler pointed out that we are losing employees in all categories, not
just deputies and firemen. The study needs to consider fringe benefits as well as the cost of living in a
community. He stressed that Indian River County needed to be competitive.
In response to questions, County Administrator Baird advised that it would be a
comprehensive study, across the board for every job description. He predicted that it would be
controversial because not every employee would get a raise and that is an important point.
Commissioner Davis brought up concerns about salaries for engineers, and County
Administrator Baird advised that the shortage of engineers is not just a local problem, but also a State and
national problem.
Commissioner Davis understood Martin County was doing such a study and suggested
possibly piggybacking on it.
Commissioner Bowden noted the new building would open next year and asked if the
study would look at possibly new positions. She thought that would be important at this time.
The Chairman CALLED THE QUESTION and the motion
carried unanimously.
September 5, 2006
27
C. COMMISSIONERSANDRAL.BOWDEN-NONE
D. COMMISSIONERWESLEYS.DAVIS
1. Update on Oslo Boat Ramp
Commissioner Davis requested an update on the timeline for the Oslo Boat Ramp project.
Public Works Director Jim Davis explained the project has been delayed due to the concern of a
local environmental group. He had met with the group and presented the options to them and the plan
involved the least filling of wetlands. Since then, the County purchased the “Diamond” property with
environmental land funds and there might be some opportunity to put parking on the south side of the
road and not widen the existing road to put parallel parking there. That plan seemed to be preferred by
the environmental group. He also hoped that a restroom could be built there in the future. He anticipated
an extensive permitting process and if the environmental agencies are in agreement, staff might be able to
go to bid in January 2008 and build out by mid-2008, well within the time frame for the FRDAP grant
which allows them to construct through 2009. He hoped the result would be something both the boaters
and the environmental community would like.
Commissioner Lowther thought this project should have been moving more quickly, Director
Davis advised that the direction he was given was to go for Grant funding.
County Administrator Baird explained that it became necessary to hire a special environmental
consultant because of opposition to the project.
Commissioner Davis found it embarrassing that Martin County is able to build a new boat ramp
quicker than we can fix an existing one. He believed that we are not doing the environment a favor with
boat propellers churning up the grass and muck in the water.
September 5, 2006
28
E. COMMISSIONERTHOMASS.LOWTHER-NONE
STATE REPRESENTATIVE STAN MAYFIELD
Chairman Neuberger noted that Representative Mayfield was in the audience and invited him to
the podium.
Representative Stan Mayfield
said he had heard the Board was going to discuss SR-60 but
learned the item had been removed from the Agenda. Community Development Director Bob Keating
had given him an update and he would get more details from County Administrator Baird to learn how he
can help the County in that regard.
September 5, 2006
29
14. SPECIAL DISTRICTS AND BOARDS
A. EMERGENCYSERVICESDISTRICT-NONE
B. SOLIDWASTEDISPOSALDISTRICT
The Chairman announced that immediately upon adjournment, the Board would reconvene as the
Board of Commissioners of the Solid Waste Disposal District. The Minutes are being prepared
separately and appended to this document.
1. Approval of Minutes June 6, 2006
2. Approval of Minutes July 11, 2006
3. 2006 Petition Hearing Solid Waste Disposal District Assessment
Fees
4. Approval of Bid Award for IRC Bid #2006089 40 Cubic Yard Roll
Off Containers. Utilities Department/ Solid Waste Disposal District
C. ENVIRONMENTALCONTROLBOARD–NONE
15. ADJOURNMENT
There being no further business, on Motion duly made, seconded and carried, the Board
adjourned at 10:39 a.m.
September 5, 2006
30
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
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman
Minutes Approved: _________________
PR
September 5, 2006
31