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Home My WebLink About10/10/2006 (2) INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF OCTOBER 10, 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 A.PPDO17-23,2006 RESENTATION OF ROCLAMATION ESIGNATING CTOBER AS CC!W ......................................................................................2 HARACTER OUNTS EEK B.PAHTF–AA RESENTATION BY FFORDABLE OUSING ASK ORCE N SSESSMENT OF HNSIRC ................................3 OUSING EED AND TRATEGIES FOR NDIAN IVER OUNTY 6.APPROVAL OF MINUTES ........................................................................ 4 A. SEPTEMBER 13, 2006, FINAL BUDGET HEARING FY 2006 - 2007.................................................................................................................. 4 7.CONSENT AGENDA ................................................................................... 5 October 10, 2006 1 7.A.AW–S21–28,2006 .............................................5 PPROVAL OF ARRANTS EPTEMBER 7.B.PDS22,2006NA ROCLAMATION ESIGNATING EPTEMBER AS ATIVE MERICAN D .............................................................................................................................5 AY 7.C.RC’SAC ................6 ESIGNATION FROM THE HILDRENS ERVICES DVISORY OMMITTEE 7.D.O--CTACI UTOFOUNTY RAVEL TO TTEND A ONCURRENCY AND NFRASTRUCTURE SS .................................................................................................6 OLUTIONS EMINAR 7.E.ABAIRCB#2006097D(5) PPROVAL OF ID WARD FOR ID EMOLITION OF CS,CD/BD .......7 ONDEMNED TRUCTURES OMMUNITY EVELOPMENTUILDING IVISION 7.F.IRCB#2007012ABSS NDIAN IVER OUNTY ID NNUAL ID FOR TREET WEEPING S,PW/R&BD .............................................7 ERVICES UBLIC ORKSOAD RIDGE IVISION 7.G.FWC-04027–ARMR-AA ...........8 RTIFICIAL EEF ONITORING EDOPTION GREEMENT 7.H.RERIFRR AISING LEVATION OF OUND SLAND OOTBRIDGE ELEASE OF ETAINAGE 8 7.I.ABASAIRCB#2006094, PPROVAL OF ID WARD AND AMPLE GREEMENT FOR ID GPACWSR-B,R IFFORD ARK QUATIC ENTER ATER LIDE EID ECREATION D ..............................................................................................................9 EPARTMENT 7.J.OSSD’AC LD AVANNAH UBDIVISION EVELOPERS GREEMENT FOR ONSTRUCTION O-SSFM,AR OF FFSITE ANITARY EWER ORCE AIN PPROVAL OF ELEASE OF RFPD ................................................. 10 ETAINAGE AND INAL AYMENT TO EVELOPER 7.K.F-YRNCOL ................................. 10 OUREAR ENEWAL OF ORTH OUNTY FFICES EASE 7.L.BA:B#2007001ABSFA ID WARD ID NNUAL ID FOR ECURITY IRE LARM SGSD/B&G ERVICES ENERAL ERVICES EPARTMENT UILDING ROUNDS D .................................................................................................................. 11 IVISION 7.M.ABAIRCB#2007002ABC PPROVAL OF ID WARD FOR ID NNUAL ID FOR ALCIUM H,UD .............................................................. 12 YPOCHLORITE TILITIES EPARTMENT 7.N.MBA001 .......................................................... 13 ISCELLANEOUS UDGET MENDMENT 7.O.RACASL ESOLUTION UTHORIZING OUNTY DMINISTRATOR TO IGN EASE E ............................................................................................................. 13 XTENSIONS 8.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES – NONE .................................................................................. 14 October 10, 2006 2 9.A.PUBLIC HEARING – NONE .................................................................... 14 9.B.PUBLIC DISCUSSION ITEM – NONE .................................................. 14 9.C.1.PUBLIC NOTICE ITEMS - NOTICE OF SCHEDULED PUBLIC HEARINGS FOR OCTOBER 24, 2006 MEETING............................... 14  A.DR&D,I:RCLUD OUBLE NC EQUEST TO HANGE THE AND SE ESIGNATION FOR 40.2386ASC TH ACRES LOCATED WEST OF VENUE AND OUTH OF THE ITY OF SR,RR(1/),L-1,L EBASTIAN FROM URAL ESIDENTIAL UP TO UNITACRE TO OW DR-1(3/),R40.23 ENSITY ESIDENTIAL UP TO UNITSACRE AND TO EZONE THOSE AA-1,A-1D(1/5), CRES FROM GRICULTURAL ISTRICT UP TO UNIT ACRES TO RS-3,SFRD-1(3/). INGLE AMILY ESIDENTIAL ISTRICT UP TO UNITSACRES DR&D,O.MBVE,I.,A.(L) ........ 14 OUBLE WNER NGINEERING NC GENT EGISLATIVE B.CI:RCLUD OUNTY NITIATED EQUEST TO HANGE THE AND SE ESIGNATION FOR 3,088ALSCFT32 CRES OCATED OUTH OF THE ITY OF ELLSMERE IN OWNSHIP S,R37ES7,8,9,18,T32 OUTH ANGE AST AND PART OF ECTIONS AND OWNSHIP S,R38EC-1,C-1(ZD), OUTH ANGE AST FROM ONSERVATION ERO ENSITY TO A-2,A-2(U1U/10A),3,088 G GRICULTURE P TO NIT CRES AND TO REZONE THOSE CON-1,C-1(ZD),A-2, ACRES FROM ONSERVATION ERO ENSITY TO A-2D(1/10A).S.J’R GRICULTURAL ISTRICT UP TO UNIT CRES T OHNS IVER WMD,O.(L) ................................... 14 ATER ANAGEMENT ISTRICT WNER EGISLATIVE C.QRVB,LLC:RA UAIL IDGE OF ERO EACH EQUEST TO MEND THE CP’FLUEP5.8. OMPREHENSIVE LANS UTURE AND SE LEMENT OLICY (L) ......................................................................................................... 15 EGISLATIVE D.CI:RCLUD OUNTY NITIATED EQUEST TO HANGE THE AND SE ESIGNATION FOR 12.46AL650FN49SW TH CRES OCATED EET ORTH OF TREET AND EST OF L“H”C34.05AL265FN49 TH ATERAL ANAL AND CRES OCATED EET ORTH OF SEL“H”CL-2,LD TREET AND AST OF ATERAL ANAL FROM OW ENSITY R-2(6/),PUB,P.BC ESIDENTIAL UP TO UNITSACRE TO UBLIC OARD OF OUNTY C,O.(L) ............................................................. 15 OMMISSIONERS WNER ESIGLATIVE October 10, 2006 3  E.IHPIF:RCZ3.52A NVESTMENT UND EQUEST TO HANGE THE ONING FOR CRES LSCR510A272FE46 TH OCATED OUTH OF AND PPROXIMATELY EET AST OF ACG,GCD,OCR,C, VENUE FROM ENERAL OMMERCIAL ISTRICT TO OMMERCIAL R.IHPIFIIILP,O.WCI ESIDENTIAL DISTRICT NVESTMENT UND WNER C,I.,A(Q-J) .................................................... 15 OMMUNITIES NC GENT UASIUDICIAL F.WCICI.:RATS46 TH OMMUNITIES NC EQUEST TO BANDON WO EGMENTS OF A(SS)BU.S.1CR510W. VENUE UNRISE TREET ETWEEN AND IN ABASSO (L) ......................................................................................................... 16 EGISLATIVE 9.C.2NSPHO24,2006M OTICE OF CHEDULED UBLIC EARINGS FOR CTOBER EETING N7,2006M:TPO AND OVEMBER EETING HE RINCIPAL FFICE OF THE SEWM437543A.I RD UPERVISOR OF LECTIONS ILL BE OVING TO VENUE N FSS138.12,BM ACCORDANCE WITH LORIDA TATUTES ECTION THE OARD UST HTDNPHM.T OLD WO ULY OTICED UBLIC EARINGS ON THIS ATTER HESE SO24N7,2006. HEARINGS ARE CHEDULED FOR CTOBER AND OVEMBER (A) ................................................................................................... 16 DMINISTRATIVE 10.COUNTY ADMINISTRATOR’S MATTERS ........................................ 16 A.FEMATU ....................................................................................... 16 RAILERS PDATE 11.DEPARTMENTAL MATTERS................................................................ 17 A.CD–N ...................................................................... 18 OMMUNITY EVELOPMENT ONE B.ES–N ............................................................................... 18 MERGENCY ERVICES ONE C.GS–N.................................................................................... 18 ENERAL ERVICES ONE D.HR–N ................................................................................... 18 UMAN ESOURCES ONE E.HS–N....................................................................................... 18 UMAN ERVICES ONE F.LS–N ..................................................................................... 18 EISURE ERVICES ONE G.OMB–N ................................................... 18 FFICE OF ANAGEMENT AND UDGET ONE H.R–N ............................................................................................... 18 ECREATION ONE I.PW ........................................................................................................ 18 UBLIC ORKS 1.AB#2006087FSPII,IRC WARD OF ID ELLSMERE IDEWALK HASE P#0382,LAPG#4140681-58-01 ....................................................... 18 ROJECT RANT October 10, 2006 4 J.US ................................................................................................ 19 TILITIES ERVICES 1.CSWON.8MM, ONSULTING ERVICES ORK RDER O WITH ASTELLER AND OLER I.,R12”FMCR510A1A NC FOR THE EPLACEMENT OF A ORCE AIN ALONG TO WB–UCP-2871 ............................................................. 19 FROM THE ABASSO RIDGE 2.BVSPW,21A9P, STTH LOCK ILLA UBDIVISION ETITION ATER VENUE AT LACE IRCPN.UCP-2504,RIV,F NDIAN IVER OUNTY ROJECT O ESOLUTION INAL A ............................................................................................................ 20 SSESSMENT 12.COUNTY ATTORNEY .............................................................................. 20 A.RES/E’PI,I. EQUEST FROM DDIE OOKHOODDIES ROPERTY NVESTMENTS NC FOR RDLSQTS ........ 21 EDUCTION OF EMOLITION IEN AND ETTLEMENT OF UIET ITLE UIT 13.COMMISSIONERS’ ITEMS .................................................................... 22 A.CAR.N,C ........................................... 22 OMMISSIONER RTHUR EUBERGER HAIRMAN B.CGC.W,VC–N.............................. 24 OMMISSIONER ARY HEELER ICE HAIRMAN ONE C.CSL.B–N ........................................................ 24 OMMISSIONER ANDRA OWDEN ONE D.CWS.D–N ............................................................. 24 OMMISSIONER ESLEY AVIS ONE E.CTS.L-N ....................................................... 24 OMMISSIONER HOMAS OWTHER ONE 14.SPECIAL DISTRICTS AND BOARDS ................................................... 24 A.EMERGENCYSERVICESDISTRICT-NONE ................................................. 24 B.SOLIDWASTEDISPOSALDISTRICT ............................................................... 24 1.AMRMS12,2006. ................ 24 PPROVAL OF INUTES EGULAR EETING OF EPTEMBER 2.AESEC NNUAL NGINEERING ERVICES AND NVIRONMENTAL OMPLIANCE A.............................................................................................................. 24 SSISTANCE C.ENVIRONMENTALCONTROLBOARD ........................................................... 25 1.AMRMA22,2006. ...................... 25 PPROVAL OF INUTES EGULAR EETING OF UGUST 2.RL–B,IRCECH ELEASE OF IEN ECHTOLD NVIRONMENTAL ONTROL EARING BCN.275-98. ........................................................................................ 25 OARD ASE O October 10, 2006 5 15.ADJOURNMENT ....................................................................................... 25 October 10, 2006 6 October 10, 2006 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in th Regular Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday, October 10, 2006, at 9:00 a.m. Present were Chairman Arthur R. Neuberger, Commissioners Sandra L. Bowden, Wesley S. Davis and Thomas S. Lowther. Vice Chairman Gary C. Wheeler was absent. Also present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Athena Adams. 1. CALL TO ORDER Chairman Neuberger called the meeting to order at 9:00 a.m. 2. INVOCATION Reverend Tom Harris, First Presbyterian Church, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE County Administrator Joseph A. Baird led the Pledge of Allegiance to the Flag. October 10, 2006 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Neuberger requested the following changes to today’s Agenda: 1.Additional backup, Item 11.I.1, Local Agency Program Supplemental Agreement 2.Addition, Item 13.A.1, “Procedure for adding items to the Agenda”. ON MOTION by Commissioner Davis, SECONDED by Commissioner Bowden, the Board by a 4-0 vote (Commissioner Wheeler absent) approved the above changes to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS A. PPDO RESENTATION OF ROCLAMATION ESIGNATING CTOBER 17-23,2006CC!W AS HARACTER OUNTS EEK Chairman Neuberger read and presented the Proclamation to Dr. Robert Keim, Vice Chairman of the Board of the local Chapter of “Character Counts”. Dr. Keim briefly described the programs offered by the “Character Counts” Board and thanked Commissioners, on behalf of Chairman Judge Joe Wild and the members of the Board of Directors, for this important recognition. He then asked his Executive Director Carol Johnson to hand out “Character Counts” Pins, which she did. October 10, 2006 2 B. PAHTF–A RESENTATION BY FFORDABLE OUSING ASK ORCE N AHNSI SSESSMENT OF OUSING EED AND TRATEGIES FOR NDIAN RC IVER OUNTY Edward White , 363 W. Key Lime Square SW, Vero Beach, and Chairman of the Affordable Housing Task Force, was grateful for the opportunity to share the Task Force’s vision for an improved community. Through a PowerPoint presentation he highlighted the urgent need for affordable housing in the County and briefly discussed the mission of the Task Force. Mr. White hoped the Board would consider conducting a workshop to go over the Report in detail. Other members of the Task Force who were present stood and were recognized. Mr. White introduced Task Force members Connie Poppell, Jim Goldsmith and Richard Stark who presented the Task Force’s objectives to the Board. (A COPY OF THE REPORT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD) Connie Poppell, Task Force Member, discussed “what is affordable housing” and illustrated why affordable housing is important to Indian River County. Jim Goldsmith , President of Council on Attainable Homes, discussed what solutions would address the affordable housing shortage and presented recommended strategies to the Board. He recommended that the County develop housing goals and review them annually, create a Community Land Trust, create a Housing Trust Fund, create a Community Development Corporation and index Impact Fees. Richard Stark, Chairman of the Treasure Coast Council, Inc., and Task Force Member, concluded the presentation explaining why the County should be proactive in providing affordable housing. He also urged the County to hold public workshops to seek October 10, 2006 3 public input on this important issue. He paid tribute to Chairman Eddy White who has made this all possible. Chairman Neuberger commented on the recommendation, to re-establish its Affordable Housing Advisory Committee, saying he did not know that it was non-existent. The Board and staff discussed the origin of the Advisory Committee in question and its eventual end. Chairman Neuberger thought it was very important that the Commission re-establish/reactivate this Committee, noting that he has been working with the homeless people and Mr. Stark for a while. He hoped Commissioners would continue to do the same when he vacates his seat on the Board. Commissioner Davis felt they should have the workshop before establishing the Committee. Commissioner Bowden thought that was a great idea. Chairman Neuberger hoped they would appoint someone to take his place on the Affordable Housing Committee. 6. APPROVAL OF MINUTES A. SEPTEMBER 13, 2006, FINAL BUDGET HEARING FY 2006 - 2007 The Chairman asked if there were any additions, deletions or corrections to the Minutes of the Final Budget Hearing FY 2006-2007 held on September 13, 2006. There were none. ON MOTION by Commissioner Davis, SECONDED by Commissioner Lowther, the October 10, 2006 4 Board by a 4-0 vote (Commissioner Wheeler absent) approved the Minutes of the Final Budget Hearing FY 2006-2007 of September 13, 2006, as written and distributed. 7. CONSENT AGENDA Commissioner Bowden asked to pull, for discussion, Item 7.I. 7.A. AW–S21–28,2006 PPROVAL OF ARRANTS EPTEMBER ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board by a 4-0 vote (Commissioner Wheeler absent) approved the list of Warrants issued by the Clerk to the Board for the time period September 21 – 28, 2006, as requested in the memorandum of September 28, 2006. 7.B. PDS22,2006N ROCLAMATION ESIGNATING EPTEMBER AS ATIVE AD MERICAN AY ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board by a 4-0 vote (Commissioner Wheeler absent) approved the Proclamation designating September 22, 2006 as Native American Day. October 10, 2006 5 7.C. RC’SA ESIGNATION FROM THE HILDRENS ERVICES DVISORY C OMMITTEE ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board by a 4-0 vote (Commissioner Wheeler absent) accepted the resignation of Richard S. Smith as the District 1 Appointee on the Children’s Services Advisory Committee, as stated in the memorandum of October 3, 2006. 7.D. O--CTAC UTOFOUNTY RAVEL TO TTEND A ONCURRENCY AND ISS NFRASTRUCTURE OLUTIONS EMINAR ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board by a 4-0 vote (Commissioner Wheeler absent) approved out-of-county travel for Commissioners to attend a Concurrency Infrastructure Solutions Seminar on Thursday, October 26, 2006 at the Hyatt Regency Orlando International Airport, as requested in the memorandum of September 29, 2006. October 10, 2006 6 7.E. ABAIRCB#2006097 PPROVAL OF ID WARD FOR ID D(5)CS,C EMOLITION OF ONDEMNED TRUCTURES OMMUNITY D/BD EVELOPMENTUILDING IVISION ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board by a 4-0 vote (Commissioner Wheeler absent) awarded the Bid to Southern Majestic Homes 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 28, 2006. 7.F. IRCB#2007012AB NDIAN IVER OUNTY ID NNUAL ID FOR SSS,PW/R&B TREET WEEPING ERVICES UBLIC ORKSOAD RIDGE D IVISION ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board by a 4-0 vote (Commissioner Wheeler absent) approved staff’s recommendation rejecting both Bids as they exceeded the budgeted amount Road & Bridge allocated for Street Sweeping. The Board also approved that the Road & Bridge Division research other avenues and/or re-bid this October 10, 2006 7 item, as recommended in the memorandum of September 28, 2006. 7.G. FWC-04027–ARMR-A RTIFICIAL EEF ONITORING EDOPTION A GREEMENT ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board by a 4-0 vote (Commissioner Wheeler absent) approved the Re-adoption Agreement to Grant Agreement FWC-04027, with funding to be from the Beach Preservation Fund on a 100% cost reimbursement basis, as recommended in the memorandum of September 29, 2006. COPY OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.H. RERIFR AISING LEVATION OF OUND SLAND OOTBRIDGE ELEASE R OF ETAINAGE ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board by a 4-0 vote (Commissioner Wheeler absent) authorized the release of retainage in the amount of $4,540.00 to Summerlin Seven Seas, Inc. In accordance with the Settlement Agreement, Ms. Nicholson will pay 50% of the cost of raising and October 10, 2006 8 altering the footbridge and the County shall pay the remaining 50%, as recommended in the memorandum of September 28, 2006. 7.I. ABASAIRC PPROVAL OF ID WARD AND AMPLE GREEMENT FOR B#2006094,GPACWS ID IFFORD ARK QUATIC ENTER ATER LIDE R-B,RD EID ECREATION EPARTMENT Commissioner Bowden (for information) wanted to know if there were two (2) water slides. Recreation Director Cliff Crawford affirmed there are two (2) slides. Commissioner Bowden asked further if the slides could be disassembled in the event of hurricanes. Administrator Baird did not think they would disassemble them for hurricanes but they would try to better secure them. To Commissioner Bowden’s final question of what is the life expectancy on the slides, Administrator Baird thought it would be about 10-15 years. Public Works Director Jim Davis provided insight on the structural design of the slides. ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board by a 4-0 (Commissioner Wheeler absent) awarded the Bid to Mason Corporation as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid. In addition, the Board approved the sample October 10, 2006 9 agreement and authorized the Chairman to execute same when required performance and payment bonds have been submitted along with appropriate certificate of insurance and the County Attorney has approved the agreement as to form and legal sufficiency, all as recommended in the memorandum of September 25, 2006. 7.J. OSSD’A LD AVANNAH UBDIVISION EVELOPERS GREEMENT FOR CO-SSFM, ONSTRUCTION OF FFSITE ANITARY EWER ORCE AIN ARRFP PPROVAL OF ELEASE OF ETAINAGE AND INAL AYMENT D TO EVELOPER ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board by a 4-0 vote (Commissioner Wheeler absent) approved the Application for Pay Request No. 2 as final payment to the Contractor Rosewood Road East Development Corporation, in the amount of $20, 728.23, as recommended in the memorandum of September 28, 2006. 7.K. F-YRNCOL OUREAR ENEWAL OF ORTH OUNTY FFICES EASE October 10, 2006 10 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board by a 4-0 vote (Commissioner Wheeler absent) accepted the renewal rates as proposed and authorized the Chairman to execute an agreement in a form acceptable to the County Attorney based on the name change of the corporate ownership, as recommended in the memorandum of October 3, 2006. AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 7.L. BA:B#2007001ABSF ID WARD ID NNUAL ID FOR ECURITY IRE ASGSD/ LARM ERVICES ENERAL ERVICES EPARTMENT B&GD UILDING ROUNDS IVISION ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board by a 4-0 vote (Commissioner Wheeler absent) st awarded the annual contract to 1 Fire & Security, Inc., as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid; authorized the Purchasing Division to establish an Open-End Contract for the period October 1, 2006 through September 30, 2007 with recommended vendor; October 10, 2006 11 and authorized the Purchasing Manager to renew this contract for three (3) additional one (1) year periods subject to satisfactory performance, zero increase, vendor acceptance and the determination that renewal of this annual contract is in the best interest of the County, all as recommended in the memorandum of September 28, 2006. 7.M. ABAIRCB#2007002AB PPROVAL OF ID WARD FOR ID NNUAL ID CH,UD FOR ALCIUM YPOCHLORITE TILITIES EPARTMENT ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board by a 4-0 vote (Commissioner Wheeler absent) awarded the Bid to Allied Universal Corp., as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid; authorized the Purchasing Division to issue blanket purchase orders for the period of October 1, 2006 through September 30, 2007 with the recommended vendor; and, authorized the Purchasing Manager to renew this Bid for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, vendor acceptance and the determination that October 10, 2006 12 renewal of this annual contract is in the best interest of Indian River County, all as recommended in the memorandum of September 28, 2006. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.N. MBA001 ISCELLANEOUS UDGET MENDMENT ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board by a 4-0 vote (Commissioner Wheeler absent) Resolution 2006-157 approved amending the fiscal year 2006-2007 Budget. 7.O. RACAS ESOLUTION UTHORIZING OUNTY DMINISTRATOR TO IGN LE EASE XTENSIONS ON MOTION by Commissioner Bowden, SECONDED by Commissioner Wheeler, the Board by a 4-0 vote (Commissioner Wheeler Resolution 2006-158 absent) approved authorizing the County Administrator to execute lease extensions on houses acquired for County Road projects and leased back to sellers. October 10, 2006 13 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES – NONE 9.A. PUBLIC HEARING – NONE 9.B. PUBLIC DISCUSSION ITEM – NONE 9.C.1. PUBLIC NOTICE ITEMS - NOTICE OF SCHEDULED PUBLIC HEARINGS FOR OCTOBER 24, 2006 MEETING A. DR&D,I:RCLU OUBLE NC EQUEST TO HANGE THE AND SE  D40.2386 TH ESIGNATION FOR ACRES LOCATED WEST OF ASCSR, VENUE AND OUTH OF THE ITY OF EBASTIAN FROM RR(1/),L-1,L URAL ESIDENTIAL UP TO UNITACRE TO OW DR-1(3/), ENSITY ESIDENTIAL UP TO UNITSACRE AND TO R40.23AA-1,A-1 EZONE THOSE CRES FROM GRICULTURAL D(1/5),RS-3,SF ISTRICT UP TO UNIT ACRES TO INGLE AMILY RD-1(3/).D ESIDENTIAL ISTRICT UP TO UNITSACRES OUBLE R&D,O.MBVE,I.,A. WNER NGINEERING NC GENT (L) EGISLATIVE B. CI:RCLU OUNTY NITIATED EQUEST TO HANGE THE AND SE D3,088ALSC ESIGNATION FOR CRES OCATED OUTH OF THE ITY FT32S,R37E OF ELLSMERE IN OWNSHIP OUTH ANGE AST AND October 10, 2006 14 S7,8,9,18,T32S, PART OF ECTIONS AND OWNSHIP OUTH R38EC-1,C-1(ZD), ANGE AST FROM ONSERVATION ERO ENSITY A-2,A-2(U1U/10A), TO G GRICULTURE P TO NIT CRES AND TO 3,088CON-1,C-1 REZONE THOSE ACRES FROM ONSERVATION (ZD),A-2,A-2D(1 ERO ENSITY TO GRICULTURAL ISTRICT UP TO /10A).S.J’RWM UNIT CRES T OHNS IVER ATER ANAGEMENT D,O.(L) ISTRICT WNER EGISLATIVE C. QRVB,LLC:RA UAIL IDGE OF ERO EACH EQUEST TO MEND THE CP’FLUEP OMPREHENSIVE LANS UTURE AND SE LEMENT OLICY 5.8.(L) EGISLATIVE D. CI:RCLU OUNTY NITIATED EQUEST TO HANGE THE AND SE D12.46AL650FN ESIGNATION FOR CRES OCATED EET ORTH OF 49SWL“H”C34.05 TH TREET AND EST OF ATERAL ANAL AND AL265FN49SE TH CRES OCATED EET ORTH OF TREET AND AST L“H”CL-2,LD OF ATERAL ANAL FROM OW ENSITY R-2(6/),PUB,P. ESIDENTIAL UP TO UNITSACRE TO UBLIC BCC,O.(L) OARD OF OUNTY OMMISSIONERS WNER ESIGLATIVE E. IHPIF:RCZ NVESTMENT UND EQUEST TO HANGE THE ONING  3.52ALSCR510 FOR CRES OCATED OUTH OF AND A272FE46ACG, TH PPROXIMATELY EET AST OF VENUE FROM GCD,OCR,C, ENERAL OMMERCIAL ISTRICT TO OMMERCIAL October 10, 2006 15 R.IHPIFIIILP, ESIDENTIAL DISTRICT NVESTMENT UND O.WCIC,I.,A(Q-J) WNER OMMUNITIES NC GENT UASIUDICIAL F. WCICI.:RAT OMMUNITIES NC EQUEST TO BANDON WO S46A(SS)BU.S. TH EGMENTS OF VENUE UNRISE TREET ETWEEN 1CR510W.(L) AND IN ABASSO EGISLATIVE 9.C.2 NSPHO24, OTICE OF CHEDULED UBLIC EARINGS FOR CTOBER 2006MN7,2006M:T EETING AND OVEMBER EETING HE POSEW RINCIPAL FFICE OF THE UPERVISOR OF LECTIONS ILL M437543A.I RD BE OVING TO VENUE N ACCORDANCE WITH FSS138.12,BMH LORIDA TATUTES ECTION THE OARD UST OLD TDNPHM. WO ULY OTICED UBLIC EARINGS ON THIS ATTER TSO24 HESE HEARINGS ARE CHEDULED FOR CTOBER AND N7,2006.(A) OVEMBER DMINISTRATIVE Executive Aide Kimberly Massung read the notices into the record. 10. COUNTY ADMINISTRATOR’S MATTERS A. FEMATU RAILERS PDATE County Administrator Joseph Baird presented the Federal Emergency Management Agency (FEMA) Trailer Update. He recapped his memorandum of October 4, 2006 pointing out that FEMA has set a deadline of October 31, 2006 for Florida residents currently living in temporary housing units to vacate their residences. October 10, 2006 16 Discussion ensued regarding the number of FEMA trailers in the County, and who would fund the insurance for them. MOTION WAS MADE by Commissioner Bowden, SECONDED by Commissioner Davis to approve to direct staff to work out the details regarding zoning for the remaining 21 FEMA trailers. County to provide a maximum funding from the General Fund Contingency of $30,000.00 for only one (1) year for insurance to only those citizens who are eligible for assistance. Indian River Cares (a non-profit organization) would monitor the program. Discussion ensued regarding what happens at the end of the one-year period. Officer TeddyFloyd of the Sheriff’s Department wants to make this a community effort and his primary concern is the need for a final place to house people when they move out of trailers. He recognized and acknowledged Andrea Johnson’s assistance with the program. Andrea Johnson, Long Term Recovery Coordinator with Indian River Cares, Inc., discussed the main goal, which is to assist with the move out of trailers. Administrator Baird could not guarantee that everyone would automatically get help. The Chairman CALLED THE QUESTION and the Motion carried 4-0 (Commissioner Wheeler absent). 11. DEPARTMENTAL MATTERS October 10, 2006 17 A.CD–N OMMUNITY EVELOPMENT ONE B.ES–N MERGENCY ERVICES ONE C.GS–N ENERAL ERVICES ONE D.HR–N UMAN ESOURCES ONE E.HS–N UMAN ERVICES ONE F.LS–N EISURE ERVICES ONE G.OMB–N FFICE OF ANAGEMENT AND UDGET ONE H.R–N ECREATION ONE I.PW UBLIC ORKS 1. AB#2006087FSPII, WARD OF ID ELLSMERE IDEWALK HASE IRCP#0382,LAPG#4140681-58-01 ROJECT RANT MOTION WAS MADE by Commissioner Davis, SECONDED by Commissioner Bowden, to approve staff’s recommendation. Public Works Director Jim Davis advised that staff had come up with some additional funding for the project. The Florida Department of Transportation (FDOT) has granted an additional $306,200.00 from the “Safe Routes to Schools” program and this additional funding requires the execution of a LAP agreement. Director Davis asked the Board to include in the Motion that the Chairman be authorized to execute the LAP October 10, 2006 18 agreement for the amount as specified. He also informed the Board that there was no County funding involved in the Project. The Chairman CALLED THE QUESTION and by a 4-0 vote (Commissioner Wheeler absent) awarded the Bid to the low bidder, L.H. Tanner Construction Corp., in the amount of $530,000.00 ($223,800.00 will come from an LAP Grant, Federal Project fund). The balance of the fund \[$306,200.00\] will come from the One-Cent Sales Tax General Sidewalk Fund. The Board also authorized the Chairman to execute the LAP Agreement as requested. COPY OF LAP AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD J.US TILITIES ERVICES 1. CSWON.8M ONSULTING ERVICES ORK RDER O WITH ASTELLER M,I.,R12”F AND OLER NC FOR THE EPLACEMENT OF A ORCE MCR510A1AWB– AIN ALONG TO FROM THE ABASSO RIDGE UCP-2871 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Work Order No. 8 with Masteller and Moller, Inc., in the amount of $43,280.00 for the survey, design, permitting and October 10, 2006 19 construction services to construct the CR-510 Force Main replacement; and, authorized the Chairman to execute same, as recommended in the Memorandum of September 22, 2006. WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 2. BVSPW,21A ST LOCK ILLA UBDIVISION ETITION ATER VENUE AT 9P,IRCPN.UCP-2504, TH LACE NDIAN IVER OUNTY ROJECT O RIV,FA ESOLUTION INAL SSESSMENT ON MOTION by Commissioner Davis, SECONDED by Commissioner Bowden, the Board unanimously approved and authorized the Chairman to execute Resolution 2006-159 certifying “as-built” costs for installation of water service to Block Villa Subdivision stth (21 Avenue at 9 Place) 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 October 10, 2006 20 A. RES/E’P EQUEST FROM DDIE OOKHOODDIES ROPERTY I,I.RDL NVESTMENTS NC FOR EDUCTION OF EMOLITION IEN AND SQTS ETTLEMENT OF UIET ITLE UIT Assistant County Attorney William DeBraal provided background information on the Request for Reduction of Demolition Lien and the lawsuit brought by Eddie’s Property Investment by recapping his memorandum of October 4, 2006. Administrator Baird informed the Board “staff does not recommend waiving the fees.” Discussion ensued regarding demolition of the house. Eddie Sookhoo acknowledged that he had not done all his research and was aware of the lien when he purchased the property. What he did not know was how much the interest would have been. He asked the Board to waive the interest allowing him to pay the principal cost the County had expended for the demolition. MOTION WAS MADE BY Commissioner Davis, SECONDED by Commissioner Bowden, to approve staff’s recommendation Commissioner Davis applauded Mr. Sookhoo’s entrepreneurial spirits and was sure Mr. Sookhoo would do well with the property, but felt that as a fiduciary responsibility to the taxpayers who footed the bill to remove the structure on the property, they were due back their interest. The Chairman CALLED THE QUESTION and the Motion carried 4-0 (Commissioner Wheeler October 10, 2006 21 absent). The Board denied Mr. Sookhoo’s request for reduction of Demolition Lien and Settlement of Quiet Title Suit. 13. COMMISSIONERS’ ITEMS A.CAR.N,C OMMISSIONER RTHUR EUBERGER HAIRMAN Chairman Neuberger wanted to discuss a problem he had placing an item on the Agenda last week. He reminded the Board of a request he had from Annabelle North who wanted an audience with him but he did not want to meet with her individually so he had her “request to speak” listed on the Agenda instead. The Chairman said he found out later that evening that the item was removed from the Agenda by the County Administrator’s Office after consultation with the County Attorney’s Office. The Chairman felt they needed to establish some ground rules as to who can add and remove items from the Agenda. Commissioner Lowther understood and agreed that a Commissioner could add anything he wants under his “Comments”. Attorney Collins explained that due to the nature of the request, he felt the matter could be quasi-judicial and would mean the item has to be advertised. He, therefore, deemed the item procedurally inappropriate and agreed that the item should be pulled. Chairman Neuberger believed that despite the nature of an item that is placed under “Commissioner’s Comments” on the Agenda, the decision to pull such item should be handled at the Meeting so everyone is aware of the action. The Chairman felt they needed to set some precedent on how such matters are handled. October 10, 2006 22 Administrator Baird, in defense of staff’s action to remove the item from the Agenda, reasoned that they needed to have adequate documentation, hence the consultation with the County Attorney’s Office for direction and handling of the matter. He apologized for the unintended outcome but thought they were following correct procedure. Commissioners Davis, Bowden and Lowther agreed with the Chairman that there should be guidelines governing such matters. Commissioner Bowden wanted the record to reflect that they did receive a letter from “the lady” and it was a very harsh letter. She also appreciated the steps taken by the County Attorney in his legal determination. Assistant County Attorney William DeBraal explained his actions when he was presented with the request. He defended and supported his Office in its handling of the matter. Assistant County Administrator Michael Zito did not believed there was a real conflict and defended the actions of staff as “pure”. He however, felt the Chairman could put any item on the Agenda he wished. He also felt the Chairman should set ground rules. Attorney Collins agreed that the Board could set policy but was concerned that if “the lady” had made a presentation it could have backfired on her if someone was opposed to her project at a later time. There was consensus that “Commissioners’ items” placed on the Agenda should remain there for discussion at the Board meeting, and if there were any objections then they would decide if the item needed to be pulled or addressed at a later date. October 10, 2006 23 B.CGC.W,VC–N OMMISSIONER ARY HEELER ICE HAIRMAN ONE C.CSL.B–N OMMISSIONER ANDRA OWDEN ONE D.CWS.D–N OMMISSIONER ESLEY AVIS ONE E.CTS.L-N OMMISSIONER HOMAS OWTHER ONE 14. SPECIAL DISTRICTS AND BOARDS A. EMERGENCYSERVICESDISTRICT-NONE B. SOLIDWASTEDISPOSALDISTRICT The Chairman announced that immediately upon adjournment of the Board of County Commissioners Meeting, the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately and are appended to this document. 1. AMRMS12, PPROVAL OF INUTES EGULAR EETING OF EPTEMBER 2006. 2. AESE NNUAL NGINEERING ERVICES AND NVIRONMENTAL CA. OMPLIANCE SSISTANCE October 10, 2006 24 C. ENVIRONMENTALCONTROLBOARD The Chairman announced that immediately upon adjournment of the Board of Commissioners of the Solid Waste Disposal District Meeting, the Board would reconvene as the Board of Commissioners of the Environmental Control Board. Those Minutes are being prepared separately and are appended to this document. 1. AMRMA22, PPROVAL OF INUTES EGULAR EETING OF UGUST 2006. 2. RL–B,IRCE ELEASE OF IEN ECHTOLD NVIRONMENTAL CHBCN.275-98. ONTROL EARING OARD ASE O 15. ADJOURNMENT ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:10 a.m. ATTEST: October 10, 2006 25 _________________________________ ________________________________ Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman Minutes Approved: _________________ BCC/aa/2006Minutes October 10, 2006 26