HomeMy WebLinkAbout10/12/2004
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF OCTOBER 12, 2004
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE...................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS ............................................................................................................ 2
5.APROCLAMATION DESIGNATING THE MONTH OF
OCTOBER 2004 AS NATIONAL ARTS AND HUMANITIES
MONTH .......................................................................................................... 2
6.APPROVAL OF MINUTES ........................................................................ 2
7.CONSENT AGENDA ................................................................................... 3
7.A.R .....................................................................................................................3
EPORTS
7.BAW–S10-16,2004 ...............................................3
PPROVAL OF ARRANTS EPTEMBER
7.C.AW–S17-23,2004 ...............................................3
PPROVAL OF ARRANTS EPTEMBER
7.D.AW–S24-30,2004 ...............................................4
PPROVAL OF ARRANTS EPTEMBER
7.E.PLAB(PLAB)–AAR,
UBLIC IBRARY DVISORY OARD PPOINTMENT OF RDRA IGBY
M--LAG ................................................4
EMBERATARGE REPLACING RNOLD ROBMAN
October 12, 2004
1
7.F.WP25P.D.–MCC
INDSOR LAT ODIFICATION TO ONTRACT FOR ONSTRUCTION
RIN.PD-03-01-06(2002100039-34925)–C
OF EQUIRED MPROVEMENTS O ASH
DEA-WP(T,I.) ......4
EPOSIT AND SCROW GREEMENT INDSOR ROPERTIES ORWEST NC
7.G.R2004-119–DDRRE
ESOLUTION ECLARING EFAULT BY OSEWOOD OAD AST
DC–OSS–SD
EVELOPMENT ORPORTION LD AVANNAH UBDIVISION IGHT RAFT
AIRNBILC
GAINST NDIAN IVER ATIONAL ANK RREVOCABLE ETTER OF REDIT
N.01-0103(B&C) ......................................................................5
O RACKETT OMPANY
7.H.SL.L.C.–FPA–SLS
OUTHLAKES INAL LAT PPROVAL OUTH AKES UBDIVISION
–SOR43A58A ................5
RDTH
OUTH SIDE OF SLO OAD BETWEEN VENUE AND VENUE
7.I.C’SACCA
HILDRENS ERVICES DVISORY OMMITTEE ONTRACT FOR GENCY
FFY2004/2005 ............................................................................6
UNDING ISCAL EAR
7.J.FDLEFY2004/2005BS
LORIDA EPARTMENT OF AW NFORCEMENT YRNE TATE
LLEG–S ...............................................7
AND OCAL AW NFORCEMENT RANTS HERIFF
7.K.FDACS
LORIDA EPARTMENT OF GRICULTURE AND ONSUMER ERVICES
(FDACS)#006800BMP(BMP)CS
EST ANAGEMENT RACTIC OST HARE
C:FY2004-2005ASSA
ONTRACT PPLICANT CORE UMMARY MENDMENT TO
CE(SC–IRSWCD) ....................................................7
ORRECT RROR CHIRARD ITRUS
7.L.B#6091–CRWTP–R–
ID ENTRAL EGIONAL ATEWATER REATMENT LANT EBID
M&M,I. .......................................................................................8
ASTELLER OLER NC
7.M.R2004-120–MBA024–
ESOLUTION ISCELLANEOUS UDGET MENDMENT
FY2003/2004-HFHJ ............8
ISCAL EAR URRICANE RANCES AND URRICANE EANNE
7.N.ICRFY10/1/04–09/30/05–
NSURANCE ONTRACT ENEWAL FOR ISCAL EAR
SAFECOLIC(GHR
IFE NSURANCE OMPANY ROUP EALTH EINSURANCE
C ......................................................................................................................9
ARRIER
8.SHERIFF – LOCAL LAW ENFORCEMENT BLOCK GRANT
(LLEBG) 2004-05 – SPENDING PLAN REVISION – TICKETING
SYSTEM ....................................................................................................... 10
9.A.1.PUBLIC HEARING – ORDINANCE 2004-026 - TO REZONE
APPROXIMATELY 78 ACRES LOCATED AT THE
October 12, 2004
2
THTH
SOUTHWEST CORNER OF 27 AVENUE AND 17 STREET
S.W. FROM A-1 TO RS-3 – JOBAR FARMS (SHELBY HOMES,
INC.) (QUASI-JUDICIAL) ........................................................................ 10
9.A.2.PUBLIC HEARING – ORDINANCE 2004-027 – CAMPANELLI’S
REQUEST TO REZONE 3.19 ACRES LOCATED EAST OF US1,
TH
1500 FEET NORTH OF 87 STREET FROM CL TO OCR
(QUASI-JUDICIAL) ................................................................................... 12
9.A.3.PUBLIC HEARING – REZONE 36.5 ACRES - SE CORNER OF
THRD
74 AVENUE AND 33 STREET, FROM A-1 TO RS-3 –
LLONALD AND VICKIE MIXELL (QUASI-JUDICIAL) .................. 13
9.A.4.PUBLIC HEARING – ORDINANCE 2004-028/029 – COUNTY
INITIATED REQUEST - SMALL SCALE COMPREHENSIVE
PLAN FUTURE LAND USE AMENDMENT TO REDESIGNATE
RD
2.5 ACRES - SOUTHWEST CORNER OF 43 AVENUE AND
TH
45 STREET - PUB TO C/I (2004-028), AND TO REZONE
THOSE 2.5 ACRES FROM IG TO CH (2004-029)
(LEGISLATIVE) ......................................................................................... 15
9.A.5PUBLIC HEARING – ORDINANCE 2004-030 – PROPOSED
LAND DEVELOPMENT REGULATION (LDR) AMENDMENT
TO SECTION 952.12(1)(H) – COUNTY ACCESS CONTROL
(INGRESS LANES – LEFT-TURN LANE REQUIREMENTS)
(LEGISLATIVE) ......................................................................................... 16
9.A.6PUBLIC HEARING – RESOLUTION 2004-121 –GREENLEAF
TH
SUBDIVISION PETITION WATER SERVICE – 55 COURT
October 12, 2004
3
TH
SOUTH OF 13 STREET SW – PROJECT NO. UCP-2414 –
RESOLUTION III (QUASI-JUDICIAL) ................................................. 18
9.B.1.PUBLIC DISCUSSION – BRIAN HEADY’S REQUEST TO
DISCUSS ELECTED REPRESENTATIVES AND THEIR
OBLIGATIONS........................................................................................... 19
9.B.2.PUBLIC DISCUSSION ITEM – SHAWN E. SMITH’S (SUPER
DIP CAFÉ) REQUEST TO DISCUSS PAYMENT FOR
SERVICES RENDERED – EMERGENCY SERVICES
OPERATION CENTER (EOC) ................................................................ 20
9.C.1.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON OCTOBER 19, 2004 ........................................................ 21
1.ANBCAP
N APPEAL BY ORTH EACH IVIC SSOCIATION OF THE LANNING AND
ZC’DAOS(D)
ONING OMMISSIONS ECISION TO PPROVE THE CEAN ANDS ISNEY
PPDP,LESS.R.A-1-A
RELIMINARY LAN OCATED ON THE AST IDE OF BETWEEN
DIRSODH(Q-J)
THE ISNEY NN AND ESORT AND EA AKS UNE OUSES UASIUDICIAL
.................................................................................................................................. 21
2.MLPD(PD)S
ILLSTONE ANDING LANNED EVELOPMENT REQUEST FOR PECIAL
ECPDPA,LW
XCEPTION AND ONCEPTUAL LAN PPROVAL OCATED ON THE EST
S27AS17SSW“S
THTH
IDE OF VENUE OUTH OF TREET WITHIN THE OUTH
CI”A.TPIP
OUNTY NITIATIVE REA HE ROPOSAL NCLUDES ROVISION OF AN
ESSRDD
LEMENTARY CHOOL ITE AND ESIDENTIAL EVELOPMENT AT A ENSITY
2.15UPA.(L) ............................................................... 21
OF NITS ER CRE EGISLATIVE
3.TTPD(PD)S
RIPSON RAIL LANNED EVELOPMENT REQUEST FOR PECIAL
ECPDPA,LW
XCEPTION AND ONCEPTUAL LAN PPROVAL OCATED ON THE EST
S43A25SSW(C)
RDTH
IDE OF VENUE NORTH OF TREET OUNTY LINE WITHIN THE
“SCI”A.TPIR
OUTH OUNTY NITIATIVE REA HE ROPOSAL NCLUDES ESIDENTIAL
DD2.12UPA.(L) .............. 21
EVELOPMENT AT A ENSITY OF NITS ER CRE EGISLATIVE
October 12, 2004
4
10.A.UTILITIES DEPARTMENT PAYMENT POLICIES - OCTOBER
2004 – HURRICANE FRANCES AND HURRICANE JEANNE ........ 22
11.B.1.DEPARTMENT OF EMERGENCY SERVICES – DIVISION OF
EMERGENCY MEDICAL SERVICES – RENEWAL FOR A
CLASS “A” CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY – PRE-HOSPITAL TRANSPORT ................................... 23
11.B.2STATE OF FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS DISASTER RELIEF FUNDING AGREEMENT -
HURRICANE CHARLEY ......................................................................... 23
11.B.3.COMMUNICATIONS TOWER LEASE AGREEMENT WITH
M/A-COM – WEST REGIONAL WASTEWATER PLANT ............... 24
11.D.1.INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
LOCAL 2201, COLLECTIVE BARGAINING AGREEMENT –
OCTOBER 1, 2004 – SEPTEMBER 30, 2005 ......................................... 25
11.I.1.ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
(SJRWMD) INDIAN RIVER LAGOON LICENSE PLATE
FUNDED COOPERATIVE COST-SHARE CONTRACT
#SH469AA –INDIAN RIVER FARMS CANAL DEBRIS
REDUCTION PROJECT .......................................................................... 26
TH
11.I.2.RESOLUTION 2004-122 – DESIGNATING 9 PLACE S.W.
THRD
RIGHT-OF-WAY LYING BETWEEN 35 AVENUE AND 33
AVENUE "“LIMITED USE RIGHT-OF-WAY” – GROVENOR
ESTATES (J. THOMAS SCHLITT) ........................................................ 27
October 12, 2004
5
11.J.1.ROCKRIDGE SEWER COLLECTION SYSTEM – EVALUATE
MITIGATION MEASURES – WORK ORDER NO. 4 – POST,
BUCKLEY, SCHUH AND JERNIGAN, INC. (PBS&J) ....................... 27
11.J.2.RESOLUTION 2004-0123 – FORMAL ACCEPTANCE OF
TH
UTILITY EASEMENTS – GREENLEAF SUBDIVISION – 55
TH
COURT, SOUTH OF 13 STREET SW – PETITION WATER
SERVICE PROJECT NO. UCP-2414 ...................................................... 28
11.J.3.OLD DOUGLASS SCHOOL MASTER PLANNED REGIONAL
LIFT STATION – WORK ORDER NO. 2 – COUNTY WATER
AND WASTEWATER CONTINUING CONSULTING
SERVICES FOR DESIGN AND CONSTRUCTION -
KIMLEY-HORN AND ASSOCIATES, INC. – UCP-2506 .................... 28
11.J.4RESOLUTION 2004-124 - KINGSLAKE SUBDIVISION WATER
SERVICE – RESOLUTION IV – FINAL ASSESSMENT -
PROJECT NO UCP-2297 .......................................................................... 29
11.J.5.RESOLUTION 2004-125 - VAN BERGEN & HENDRY’S
SUBDIVISION PETITION WATER SERVICE – RESOLUTION
IV – FINAL ASSESSMENT – PROJECT NO. UCP-2325 .................... 29
11.J.6.COUNTY’S UTILITY MASTER PLAN UPDATE –
PROFESSIONAL SERVICES AGREEMENT ADDENDUM NO. 4
- POST, BUCKLEY, SCHUH & JERNIGAN, INC. (PBS&J) .............. 30
12.A.COUNTY ATTORNEY – DEPARTMENT OF JUVENILE
JUSTICE COST SHIFTS – SECTION 985.2115, FLORIDA
STATUTES .................................................................................................. 30
October 12, 2004
6
12.B.COUNTY ATTORNEY – REQUEST FOR WAIVER OF
PROCEDURE - RFQ #7024 CONSTRUCTION MANAGER AT
RISK FOR A NEW COUNTY ADMINISTRATION COMPLEX –
HURRICANE FRANCES AND HURRICANE JEANNE .................... 31
13.E.COMMISSIONER KENNETH R. MACHT – REQUEST TO
RESCHEDULE MEETING FROM 6:00 P.M. TO 9:00 A.M. ON
NOVEMBER 9, 2004 .................................................................................. 32
14.A.EMERGENCY SERVICES DISTRICT - NONE ................................... 32
14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 32
14.B.1.AM-RMA10,2004...... 32
PPROVAL OF INUTES EGULAR EETING OF UGUST
14.B.2.AM-RMA24,2004 ...... 33
PPROVAL OF INUTES EGULAR EETING OF UGUST
14.B.3.ABAIRCB#7021WB
PPROVAL OF ID WARD FOR ID INTER EACH
CCCEAI-
USTOMER ONVENIENCE ENTER NTRANCE PRON MPROVEMENTS
UD/SWDD–TR
TILITIES EPARTMENTOLID ASTE ISPOSAL ISTRICT IMOTHY OSE
C,I. ................................................................................................. 33
ONTRACTING NC
14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 33
DOCUMENTS TO BE ADDED TO THE RECORD .................................................. 34
1.JCOLA(SLG)-BS/I-A
EASE DDENDUM ELL OUTHNTERACT GREEMENT
#729850-001AM4,2004 .................................................................... 34
PPROVED AY
2.EO2004-04–AREO
MERGENCY RDER MENDED AND ESTATED MERGENCY RDER
2004-04CS15,2004. .......................................................... 34
IRCULATED EPTEMBER
3.EO2004-05–E,ARC
MERGENCY RDER XTENDED MENDED AND ESTATED OUNTY
EO2004-05CS16,2004 ......................... 34
MERGENCY RDER IRCULATED EPTEMBER
October 12, 2004
7
October 12, 2004
8
October 12, 2004
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 12, 2004 at 6:00 p.m. Present were Caroline D. Ginn, Chairman; Arthur R.
Neuberger, Vice Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Kenneth
R. Macht. Also present were Joseph Baird, County Administrator; William G. Collins II, County
Attorney; Kimberly Massung, Executive Aide and Maria I. Suesz, Deputy Clerk.
1. CALL TO ORDER
Chairman Ginn called the meeting to order.
2. INVOCATION
Chairman Caroline D. Ginn delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Administrator Joseph A. Baird led the Pledge of Allegiance to the Flag.
October 12, 2004
1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Ginn requested the following changes to today’s Agenda:
ADDITIONAL BACKUP Item 9.B.2. Jason Brown’s letter of October 11, 2004, to Shawn
Smith at Super Dip Café regarding expenses during
Hurricane Frances
Item 9.B.2. Itemized listing of expenses from Shawn Smith
Item 11.B.3. Specific Land Uses – Chapter 971 pages 53 to 59
Item 11.B.3. Specific Land Uses Chapter 791 – pages 52 and 63
ADD Item 12.B. RFQ #7024 – Construction Manager at Risk for a
New County Administration Complex
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously made the
above changes to the Agenda.
5.A PROCLAMATION DESIGNATING THE MONTH OF
OCTOBER 2004 AS NATIONAL ARTS AND HUMANITIES
MONTH
Commissioner Ken Macht read the Proclamation and presented it to Sheila Tucker,
Chairman of the Board of Directors of the Cultural Council of Arts.
6. APPROVAL OF MINUTES
None.
October 12, 2004
2
7. CONSENT AGENDA
Item 7.M was pulled for discussion.
7.A. R
EPORTS
The following reports have been received and are on file in the office of the Clerk to the
Board:
1. Department of Revenue Letter Regarding Review of Tax Collector Charles
Sembler’s 2004/05 Budget
7.B AW–S10-16,2004
PPROVAL OF ARRANTS EPTEMBER
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Adams, the Board unanimously
approved the list of Warrants as issued by the Clerk to the
Board for September 10-16, 2004, as requested.
7.C. AW–S17-23,2004
PPROVAL OF ARRANTS EPTEMBER
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Adams, the Board unanimously
approved the list of Warrants as issued by the Clerk to the
Board for September 17-23, 2004, as requested.
October 12, 2004
3
7.D. AW–S24-30,2004
PPROVAL OF ARRANTS EPTEMBER
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Adams, the Board unanimously
approved the list of Warrants as issued by the Clerk to the
Board for September 24-30, 2004, as requested.
7.E. PLAB(PLAB)–A
UBLIC IBRARY DVISORY OARD PPOINTMENT OF
AR,M--LAG
RDRA IGBY EMBERATARGE REPLACING RNOLD ROBMAN
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Adams, the Board unanimously
approved the appointment of Ardra Rigby to the Public
Library Advisory Board (PLAB) replacing Arnold
Grobman, as recommended in the memorandum of October
4, 2004.
7.F. WP25P.D.–MC
INDSOR LAT ODIFICATION TO ONTRACT FOR
CRIN.PD-03-01-06
ONSTRUCTION OF EQUIRED MPROVEMENTS O
(2002100039-34925)–CDEA-
ASH EPOSIT AND SCROW GREEMENT
WP(T,I.)
INDSOR ROPERTIES ORWEST NC
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Adams, the Board unanimously
authorized the Chairman to execute the Modification to
Contract of Required Improvements No. PD-03-01-06
October 12, 2004
4
(200210039-34925) extending the completion date to
perform, along with a Cash Deposit and Escrow
Agreement, as recommended in the memorandum of
September 30, 2004.
CONTRACT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.G. R2004-119–DDR
ESOLUTION ECLARING EFAULT BY OSEWOOD
REDC–OSS
OAD AST EVELOPMENT ORPORTION LD AVANNAH UBDIVISION
–SDAIRNBI
IGHT RAFT GAINST NDIAN IVER ATIONAL ANK RREVOCABLE
LCN.01-0103(B&C)
ETTER OF REDIT O RACKETT OMPANY
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Adams, the Board adopted Resolution
2004-119 declaring default by Rosewood Road East
Development Corporation, a Florida Corporation, in its
obligation to complete required improvements to Old
Savannah Subdivision, and authorizing Staff to make sight
draft against Indian River National Bank Irrevocable Letter
of Credit No. 01-0103 dated July 15, 2003, as amended.
7.H. SL.L.C.–FPA–SL
OUTHLAKES INAL LAT PPROVAL OUTH AKES
S–SOR43A
RD
UBDIVISION OUTH SIDE OF SLO OAD BETWEEN VENUE AND
58A
TH
VENUE
October 12, 2004
5
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Adams, the Board unanimously granted
final plat approval for South Lakes Subdivision,
authorizing the Chairman to execute the submitted Contract
for Construction of remaining required improvements, and
accepting the security arrangement, as recommended in the
memorandum of October 4, 2004.
CONTRACT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.I. C’SACC
HILDRENS ERVICES DVISORY OMMITTEE ONTRACT FOR
AFFY2004/2005
GENCY UNDING ISCAL EAR
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Adams, the Board unanimously
approved the sample form of the Children’s Services
Advisory Committee Contract for Agency Funding, to be
executed by agencies, and funded for the 2004-05 funding
year; approved the report indicating the agencies
recommended for funding and the amounts of funding for
each program; authorized the Chairman to execute each
completed Children’s Services Advisory Committee
Contract for Agency Funding, using the form approved at
this meeting, as prepared by staff in accordance with the
report, as recommended in the memorandum of October 5,
2004.
October 12, 2004
6
GRANT CONTRACTS ARE ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
7.J. FDLEFY2004/2005
LORIDA EPARTMENT OF AW NFORCEMENT
BSLLEG–S
YRNE TATE AND OCAL AW NFORCEMENT RANTS HERIFF
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Adams, the Board unanimously
approved the Certificate of Acceptance of Subgrant Award
for the Multi-Agency Drug Enforcement Unit 12 Grant, in
the amount of $97,667.00, as recommended in the
memorandum of September 28, 2004.
CERTIFICATE IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.K. FDAC
LORIDA EPARTMENT OF GRICULTURE AND ONSUMER
S(FDACS)#006800BMP(BMP)
ERVICES EST ANAGEMENT RACTIC
CSC:FY2004-2005ASS
OST HARE ONTRACT PPLICANT CORE UMMARY
ACE(SC–IRSWCD)
MENDMENT TO ORRECT RROR CHIRARD ITRUS
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Adams, the Board unanimously
approved the Revised Applicants Score Summary for
FDACS Grant and authorized the Chairman to execute the
October 12, 2004
7
Revised Score Sheet for FDACS Grant, as recommended in
the memorandum of September 21, 2004.
7.L. B#6091–CRWT
ID ENTRAL EGIONAL ATEWATER REATMENT
P–R–M&M,I.
LANT EBID ASTELLER OLER NC
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Adams, the Board unanimously
approved the rejection of all (5) bids and authorized staff to
re-bid this project through the County’s Purchasing Office,
as recommended in the memorandum of September 14,
2004.
7.M. R2004-120–MB
ESOLUTION ISCELLANEOUS UDGET
A024–FY2003/2004-HF
MENDMENT ISCAL EAR URRICANE RANCES AND
HJ
URRICANE EANNE
(CLERK’S NOTE: THIS ITEM WAS HEARD PRIOR TO ITEM 7.A. AND IS
PLACED HERE FOR CONTINUITY.)
Director of Management and Budget Jason Brown responded to questions from
Chairman Ginn stating that the majority of expenses should be recovered from FEMA and/or
insurance. The total amount of the budget amendment is 1.5 million dollars in additional funding
for Hurricane Frances and 17 million dollars for Hurricane Jeanne. These budget amendments
apply to fiscal year 2003/2004, covering immediate costs such as overtime for emergency workers,
supplies and debris removal up to October 1st. There will be ongoing expenses in the new fiscal
year for long-term costs such as debris clearing for Jeanne, and building repairs that are expected
to more than double 2003/2004 totals.
October 12, 2004
8
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Neuberger, the Board unanimously adopted
Resolution 2004-120 amending the Fiscal Year 2003/2004
Budget.
7.N. ICRFY10/1/04–
NSURANCE ONTRACT ENEWAL FOR ISCAL EAR
09/30/05–SAFECOLIC(GH
IFE NSURANCE OMPANY ROUP EALTH
RC
EINSURANCE ARRIER
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Adams, the Board unanimously
approved the renewal contract with SAFECO Life
Insurance Company for fiscal year 10/01/04 - 09/30/05, as
recommended in the memorandum of October 5, 2004.
NOTIFICATION OF RENEWAL IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
October 12, 2004
9
8. SHERIFF – LOCAL LAW ENFORCEMENT BLOCK GRANT
(LLEBG) 2004-05 – SPENDING PLAN REVISION –
TICKETING SYSTEM
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously approved
the spending plan revisions allowed under LLEBG
Program Purpose Area 1: Support Law Enforcement
procuring equipment, technology and other items directly
related to basic law enforcement functions. The entire
block grant and match monies will be spent on furthering
the Sheriff’s Office Handheld Ticketing System and
Mobile Computer Ticketing System Pilot Program in the
amount of $25,093.00, as requested in the memorandum
dated September 21, 2004.
9.A.1. PUBLIC HEARING – ORDINANCE 2004-026 - TO REZONE
APPROXIMATELY 78 ACRES LOCATED AT THE
THTH
SOUTHWEST CORNER OF 27 AVENUE AND 17 STREET
S.W. FROM A-1 TO RS-3 – JOBAR FARMS (SHELBY HOMES,
INC.) (Quasi-Judicial)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating reviewed his memorandum
using a PowerPoint presentation (copy on file) explaining the purpose of this request to rezone
October 12, 2004
10
JoBar Farms from A-1 to RS-3. This area is part of the South County Initiative. Staff and the
Planning and Zoning Commission recommend the Board approve the rezoning.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
th
Steve Moler
, 2205 74 Avenue, representing Shelby Homes, said he would answer
any questions and supported staff’s recommendation.
The Chairman asked if anyone else wished to be heard with regard to this matter.
There being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Adams, the Board unanimously adopted
Ordinance 2004-026 amending the zoning ordinance and
the accompanying zoning map for +/-78 acres located at the
thth
southwest corner of 27 Avenue and 17 Street S.W., from
A-1, Agricultural District (up to 1 unit/5 acres), to RS-3
Single-Family Residential District (up to 3 units/acre), and
providing codification, severability, and effective date.
October 12, 2004
11
9.A.2. PUBLIC HEARING – ORDINANCE 2004-027 –
CAMPANELLI’S REQUEST TO REZONE 3.19 ACRES
TH
LOCATED EAST OF US1, 1500 FEET NORTH OF 87
STREET FROM CL TO OCR (Quasi-Judicial)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating reviewed his memorandum
using a PowerPoint presentation (copy on file). The property is zoned CL and the applicant wants
to change the zoning to OCR because OCR allows development for residential use and CL does
not. This rezoning is exempt from concurrency because it is not going to increase density. This is
a down zoning and will not have any adverse compatibility. Staff and the Planning and Zoning
Commission recommend approval to rezone from CL to OCR.
The Chairman opened the public hearing and asked if anyone wished to be heard
with regard to this matter.
Bruce Barkett
was present representing the applicant to answer any questions and
support staff’s recommendation.
The Chairman asked if anyone else wished to be heard regarding this matter. There
being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Neuberger, the Board unanimously adopted
Ordinance 2004-027 amending the Zoning Ordinance and
the accompanying Zoning Map for +/- 3.19 acres located
th
East of US1 and approximately 1500 feet North of 87
October 12, 2004
12
Street from CL, Limited Commercial District, to OCR,
Office Commercial Residential District; and providing
codification, severability, and effective date.
9.A.3. PUBLIC HEARING – REZONE 36.5 ACRES - SE CORNER OF
THRD
74 AVENUE AND 33 STREET, FROM A-1 TO RS-3 –
LLONALD AND VICKIE MIXELL (Quasi-Judicial)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Director Keating reviewed his memorandum using a PowerPoint Presentation
(copy on file) explaining the purpose of rezoning 36.5 acres from A-1 to RS-3 is to obtain a zoning
thrd
district for residential development at the SE corner of 74 Avenue and 33 Street. Staff and the
Planning and Zoning Commission recommend approval.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
rd
Robert Adair
, 7060 33 Street, pointed out that the property to the north performs
agricultural operations and is not totally vacant. He was concerned if they place a bridge
rdth
connecting 33 Street and 74 Avenue that the increase in traffic may create a conflict with the
agricultural operation. He wanted some assurance from the Board that this will not happen. He
said originally this land was designated for the development of 1 unit per 5 acres and now there are
two homes per acre.
Commissioner Adams noticed that the application indicated development different
from what is being presented. Staff replied that they are looking at what is allowed for
development according to the Land Development Regulations. She asked if the applicant or a
representative was present and no one responded.
October 12, 2004
13
MOTION WAS MADE by Commissioner Adams,
SECONDED by Chairman Ginn to deny staff’s
recommendation.
There was some questioning of staff and Commissioners Lowther and Macht felt
that in order to deny the request they would need a stronger reason than what Commissioner
Adams had given.
The Chairman asked if anyone else wished to be heard regarding this matter. There
being none, the Chairman closed the public hearing.
The Chairman CALLED THE QUESTION and the motion
failed by a 2-3 vote, Commissioners Lowther, Macht and
Neuberger opposed.
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Macht, the Board by a 4-1 vote,
(Chairman Ginn opposed) approved tabling this item until
November 2, 2004 to obtain more information from staff or
Mr. Mixell.
October 12, 2004
14
9.A.4. PUBLIC HEARING – ORDINANCE 2004-028/029 – COUNTY
INITIATED REQUEST - SMALL SCALE COMPREHENSIVE
PLAN FUTURE LAND USE AMENDMENT TO
RD
REDESIGNATE 2.5 ACRES - SOUTHWEST CORNER OF 43
TH
AVENUE AND 45 STREET - PUB TO C/I (2004-028), AND TO
REZONE THOSE 2.5 ACRES FROM IG TO CH (2004-029)
(Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Community Development Director Bob Keating reviewed his memorandum using
a PowerPoint presentation (copy on file). The County has been negotiating for approximately a
year with Mt. Zion Baptist Church to swap land that the County owns with the property where the
Church resides. The County needs the Church property in order to build the New County
Administration Building. The proposed land use designation and zoning district will allow
institutional uses such as a church and parsonage on the County property. Both Staff and the
Planning and Zoning Committee recommend approval by the Board.
Commissioner Adams asked if the property exchange was completed.
County Attorney Collins responded negatively stating that the Church endured
hurricane damage, however, they were not satisfied with the County’s offer. This has caused a
delay in progress. It is the only property left to acquire at the new Administration Building Site.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter. There being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously adopted
Ordinance 2004-028 amending the Future Land Use
October 12, 2004
15
Element of the Comprehensive Plan by changing the land
use designation for ± 2.5 acres located at the southwest
thrd
corner of 45 Street (North Gifford Road), and 43 Avenue
from PUB, Public, to C/I Commercial/Industrial; and
providing codification, severability, and effective date.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously adopted
Ordinance 2004-029, amending zoning ordiance and
th
zoning map for ± 2.5 acres located at the SW corner of 45
rd
Street (North Gifford Road) and 43 Avenue from IG,
general industrial district, to CH, heavy commercial
district.
9.A.5 PUBLIC HEARING – ORDINANCE 2004-030 – PROPOSED
LAND DEVELOPMENT REGULATION (LDR) AMENDMENT
TO SECTION 952.12(1)(H) – COUNTY ACCESS CONTROL
(INGRESS LANES – LEFT-TURN LANE REQUIREMENTS)
(Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Community Development Director Bob Keating reviewed his memorandum using
a PowerPoint presentation (copy on file) stating that in order to address the concerns of the Board
regarding left-turn lanes at access points to new developments, the Metropolitan Planning
Organization (MPO) did a study and Kimley-Horn and Associates, Inc. did the work in developing
a left-turn lane guideline. The objective of the study was to develop a criteria to determine when a
left-turn lane is warranted. He reviewed the guidelines in detail and noted they have been
October 12, 2004
16
reviewed by staff, MPO, MPO Advisory Committee, the MPO Technical Advisory Committee
and the Planning and Zoning Commission; all recommending approval by the Board.
Chairman Ginn thought this was a tortuous way to make a determination. She felt
common sense would tell you whether a left-turn lane was needed. She suggested making it a
requirement based on a certain number of homes.
Discussion continued regarding the process of determination. County Traffic
Engineer Chris Mora explained that the developer’s traffic impact study is a requirement and they
will use that study to determine trips to and from the development and track trips during peak
hours. The benefit of having the guidelines is being able to know where left-turn lanes are needed
and there will be more left-turn lanes than we have now.
Chairman Ginn said she wants the best system possible. She was concerned that
after a development is completed it would be found that a left-turn lane is needed. She believes it
would be safer having left-turn lanes a mandatory requirement.
Attorney Collins responded that the analysis is based on trips when the
development is completed and he thought that should not be a concern.
Public Works Director Jim Davis said because left-turn lane projects can be very
expensive and to avoid making arbitrary decisions this analysis was prepared by Kimley-Horn and
Associates, Inc.
Attorney Collins responded to an inquiry made by Commissioner Lowther who
asked if the Board can decide on a case-by-case basis. If it is a Planned Development the Board
can decide on a case-by-case basis because with Planned Developments the developer can ask for
waivers and the Board can ask for additional benefits. If the Ordinance sets out a threshold then, if
they meet that threshold, they must put in the left-turn lanes.
October 12, 2004
17
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
th
Robert Johnson,
535 39 Court SW, wanted to know how this change would
impact 43rd Avenue and SR-60 and he asked if there would be a waiver so that it does not force
rd
43 Avenue to be five lanes.
Director Keating responded that these changes are exclusively for development
intersections not major intersections.
The Chairman asked if anyone else wished to be heard regarding this matter. There
being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Neuberger, the Board unanimously adopted
Ordinance 2004-030 amending Land Development
Regulations (LDRS) Chapter 952, Traffic.
9.A.6 PUBLIC HEARING – RESOLUTION 2004-121 –GREENLEAF
TH
SUBDIVISION PETITION WATER SERVICE – 55 COURT
TH
SOUTH OF 13 STREET SW – PROJECT NO. UCP-2414 –
RESOLUTION III (Quasi-Judicial)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Manager of Assessment Projects Dan Chastain asked the Board to adopt a
resolution so he could go out for bids.
October 12, 2004
18
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter. There being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously adopted
Resolution 2004-121 confirming the special assessments in
connection with water main expansion to Greenleaf
thth
Subdivision (55 Court south of 13 Street in Indian River
County); and providing for special assessment liens to be
made of record.
9.B.1. PUBLIC DISCUSSION – BRIAN HEADY’S REQUEST TO
DISCUSS ELECTED REPRESENTATIVES AND THEIR
OBLIGATIONS
Brian Heady
, Vero Beach, said the Beach Preservation funds used to replenish
sand on the beach went down the drain because the hurricanes redistributed the sand back into the
ocean. He suggested that the Board take the remaining dollars and give it back to the residents
who suffered a loss from the storms. He asked that residents who were severely impacted by the
hurricanes be given a break on their utility bills and that their service not be turned off for 90 days.
Administrator Baird said this was on the agenda to be discussed under Item 10.
NO ACTION REQUIRED OR TAKEN.
October 12, 2004
19
9.B.2. PUBLIC DISCUSSION ITEM – SHAWN E. SMITH’S (SUPER
DIP CAFÉ) REQUEST TO DISCUSS PAYMENT FOR
SERVICES RENDERED – EMERGENCY SERVICES
OPERATION CENTER (EOC)
Shawn Smith
, owner of Super Dip Café, came to the Board asking for payment of
his invoice in the amount of $68,657.64 for food purchases for meal preparations for the
Emergency Operations Center (EOC) at the County Administration Building during Hurricane
Frances. He displayed his itemized bill that he provided to FEMA for Hurricane Frances and
Mr. Smith
provided a copy for the record. had asked for vouchers, but they were not provided
until Sunday after the storm. He exhausted all of his resources, both business and personal to pay
his bills from his vendors. His vendor accounts have not been completely satisfied. He now is
Mr. Smith
financially strapped. told the Board he tried his best to keep the cost to the County
down and that he did as he was asked. All he wants is restitution.
Administrator Baird said that this is a disputed bill because the list received was
inadequate documentation. The invoice from Hurricane Frances for meals served was eleven
times more than what was billed for Hurricane Jeanne. During Hurricane Jeanne vouchers were
provided. Mr. Baird noted that a number of people were fed by the Sheriff’s Office at the
Fairgrounds for Hurricane Frances. They did not have a large volume of people at the EOC as Mr.
Smith indicates. He continued that they are not close to reaching an agreement and he believed
this would end up in litigation.
NO ACTION REQUIRED OR TAKEN.
October 12, 2004
20
9.C.1. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON OCTOBER 19, 2004
1.ANBCA
N APPEAL BY ORTH EACH IVIC SSOCIATION OF THE
PZC’D
LANNING AND ONING OMMISSIONS ECISION TO
AOS(D)PPD
PPROVE THE CEAN ANDS ISNEY RELIMINARY
P,LESS.R.A-1-A
LAN OCATED ON THE AST IDE OF BETWEEN
DIRSODH
THE ISNEY NN AND ESORT AND EA AKS UNE OUSES
(Q-J)
UASIUDICIAL
2.MLPD(PD)
ILLSTONE ANDING LANNED EVELOPMENT
SECPD
REQUEST FOR PECIAL XCEPTION AND ONCEPTUAL
PA,LWS27
TH
LAN PPROVAL OCATED ON THE EST IDE OF
AS17SSW“S
TH
VENUE OUTH OF TREET WITHIN THE OUTH
CI”A.TPI
OUNTY NITIATIVE REA HE ROPOSAL NCLUDES
PESS
ROVISION OF AN LEMENTARY CHOOL ITE AND
RDD2.15U
ESIDENTIAL EVELOPMENT AT A ENSITY OF NITS
PA.(L)
ER CRE EGISLATIVE
3. TTPD(PD)
RIPSON RAIL LANNED EVELOPMENT REQUEST
SECPDP
FOR PECIAL XCEPTION AND ONCEPTUAL LAN
A,LWS43A
RD
PPROVAL OCATED ON THE EST IDE OF VENUE
25SSW(C)
TH
NORTH OF TREET OUNTY LINE WITHIN THE
“SCI”A.TP
OUTH OUNTY NITIATIVE REA HE ROPOSAL
October 12, 2004
21
IRDD
NCLUDES ESIDENTIAL EVELOPMENT AT A ENSITY OF
2.12UPA.(L)
NITS ER CRE EGISLATIVE
The Chairman read the notices into the record.
(CLERK’S NOTE: THE CHAIRMAN CALLED FOR A SHORT RECESS AT
7:22 P.M. AND THE MEETING RECONVENED AT 7:28 P.M. WITH ALL MEMBERS
PRESENT.)
10.A. UTILITIES DEPARTMENT PAYMENT POLICIES -
OCTOBER 2004 – HURRICANE FRANCES AND HURRICANE
JEANNE
County Administrator Joseph Baird read the proposed Utilities Department
Payment Policy (copy on file) stating no late fees will be assessed during the month of October and
no termination of service will occur before October 19, 2004.
Commissioner Lowther wanted the date for assessing late fees to extend to
November 24, 2004 to coincide with the Governor’s Executive Order #04-217.
There was some concern whether people would have difficulty with three months
of bills piling up.
Utility Director Eric Olsen supported the concept of matching the State’s
Emergency timeframe for assessing late fees as long as they would have the ability to handle
special arrangements on a case-by-case basis.
October 12, 2004
22
CONSENSUS WAS REACHED to approve staff’s
recommendation with a change extending the date of no
late fees assessed until November 24, 2004 to coincide with
the Governor’s Executive Order #04-217.
POLICY IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.B.1. DEPARTMENT OF EMERGENCY SERVICES – DIVISION OF
EMERGENCY MEDICAL SERVICES – RENEWAL FOR A
CLASS “A” CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY – PRE-HOSPITAL TRANSPORT
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Adams, the Board unanimously approved
renewal of the Class “A” Certificate of Public Convenience
and Necessity for the Indian River County Department of
Emergency Services, to be effective for a period of two (2)
years from October 15, 2004, to October 15, 2006, as
recommended in the memorandum of October 4, 2004.
CERTIFICATE IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.B.2 STATE OF FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS DISASTER RELIEF FUNDING AGREEMENT -
HURRICANE CHARLEY
October 12, 2004
23
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
the agreement and authorized the Chairman to sign all
documents associated with this agreement, as
recommended in the memorandum of September 21, 2004.
PARTIALLY EXECUTED AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.B.3. COMMUNICATIONS TOWER LEASE AGREEMENT WITH
M/A-COM – WEST REGIONAL WASTEWATER PLANT
MOTION WAS MADE by Commissioner Adams,
SECONDED by Commissioner Lowther to approve staff’s
recommendation.
B. J. McClure
, 395 Neiuport Drive, spoke on behalf of the residents in Indian
River Aerodrome Subdivision. He declared the location proposed for the antenna tower was in
violation of Ordinance 971.44(5), Section 5m(1), and according to Ordinance 971-44(5), Section
4(b) the antenna does not meet the criteria to be considered for Special Exception Use.
Planning Director Stan Boling clarified that the regulations Mr. McClure was
reading were adopted in 2002 for Wireless Communications Facilities and Towers. He noted three
categories from those regulations that apply to the West County Wastewater Treatment Plant and
stated that Mr. McClure’s statements were inaccurate.
October 12, 2004
24
Commissioner Lowther WITHDREW his second and the
motion died.
There was a discussion regarding the height of the replacement tower in relation to
the existing tower and the location in relation to the Aerodrome airport’s glider path. The Board
felt they needed more information from staff as to what they are permitted to do and they wanted to
visit the site to assess the situation.
Emergency Services Director John King expanded on the importance to simulcast
frequencies to eliminate the existence of a dead area which is why they have chosen the location
that is proposed. He said the Federal Aviation Association concluded that they have met all
requirements in the Land Development Regulations for building this tower He pointed out the
th
deadline is December 26 to have the tower up and running.
Attorney Collins declined giving advice before having reviewed all the regulations
discussed.
Discussion ensued regarding the height of the replacement tower.
CONSENSUS WAS to table this item and direct staff to
bring back additional information.
11.D.1. INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
LOCAL 2201, COLLECTIVE BARGAINING AGREEMENT –
OCTOBER 1, 2004 – SEPTEMBER 30, 2005
Commissioner Lowther declared that he has two brothers that are firefighters and
questioned whether it was advisable for him to vote on this item.
October 12, 2004
25
County Attorney Collins stated that because the contract will benefit all members
and not any one individual, there is not a voting conflict.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Neuberger, the Board unanimously
approved the IAFF Local 2201 Collective Bargaining
Agreement, as recommended in the memorandum of
October 5, 2004.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.I.1. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
(SJRWMD) INDIAN RIVER LAGOON LICENSE PLATE
FUNDED COOPERATIVE COST-SHARE CONTRACT
#SH469AA –INDIAN RIVER FARMS CANAL DEBRIS
REDUCTION PROJECT
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
Contract #SH469AA with SJRWMD and authorized the
Chairman to execute same, as recommended in the
memorandum of September 30, 2004.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
October 12, 2004
26
TH
11.I.2. RESOLUTION 2004-122 – DESIGNATING 9 PLACE S.W.
THRD
RIGHT-OF-WAY LYING BETWEEN 35 AVENUE AND 33
AVENUE "“LIMITED USE RIGHT-OF-WAY” – GROVENOR
ESTATES (J. THOMAS SCHLITT)
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Neuberger, the Board unanimously adopted
thth
Resolution 2004-122 providing for 9 Place S.W. from 35
rd
Avenue to 33 Avenue within Grovenor Estates to be
designated as a limited use right-of-way; said right-of-way
lying in the unincorporated area of Indian River County,
Florida.
11.J.1. ROCKRIDGE SEWER COLLECTION SYSTEM – EVALUATE
MITIGATION MEASURES – WORK ORDER NO. 4 – POST,
BUCKLEY, SCHUH AND JERNIGAN, INC. (PBS&J)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously
authorized the Chairman to execute Work Order No. 4 to
PBS&J in the amount of $20,000 for professional services
to investigate alternative mitigation measures for the
Rockridge Sewer Collection System, as recommended in
the memorandum dated October 6, 2004.
October 12, 2004
27
WORK ORDER #4 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.J.2. RESOLUTION 2004-0123 – FORMAL ACCEPTANCE OF
TH
UTILITY EASEMENTS – GREENLEAF SUBDIVISION – 55
TH
COURT, SOUTH OF 13 STREET SW – PETITION WATER
SERVICE PROJECT NO. UCP-2414
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously adopted
Resolution 2004-123 formally accepting solely for public
thth
utility purposes the dedication of 55 Court, South of 13
Street SW, as set forth on the plat of Greenleaf Subdivision.
11.J.3. OLD DOUGLASS SCHOOL MASTER PLANNED REGIONAL
LIFT STATION – WORK ORDER NO. 2 – COUNTY WATER
AND WASTEWATER CONTINUING CONSULTING
SERVICES FOR DESIGN AND CONSTRUCTION -
KIMLEY-HORN AND ASSOCIATES, INC. – UCP-2506
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously authorized
design, permitting, and bidding of the collection system
improvement project, approved Work Order No 2 with
Kimley-Horn and Associates in the amount of $57,800.00
to design and manage construction of said facility, and
October 12, 2004
28
authorized the Chairman to execute the same, as
recommended in the memorandum dated September 28,
2004.
WORK ORDER #2 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.J.4 RESOLUTION 2004-124 - KINGSLAKE SUBDIVISION
WATER SERVICE – RESOLUTION IV – FINAL ASSESSMENT
- PROJECT NO UCP-2297
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 2004-124 certifying “as-built” costs for
th
installation of water service to Kingslake Subdivision (58,
ththndth
59 and 60 Courts and 62 Lane West of 58 Avenue)
and such other construction necessitated by such project;
providing for formal completion date, and date for payment
without penalty and interest.
11.J.5. RESOLUTION 2004-125 - VAN BERGEN & HENDRY’S
SUBDIVISION PETITION WATER SERVICE – RESOLUTION
IV – FINAL ASSESSMENT – PROJECT NO. UCP-2325
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously adopted
October 12, 2004
29
Resolution 2004-125 certifying “as-built” costs for
installation of water service to Van Bergen & Hendry’s
thth
Subdivision (77 Court and 77 Terrace South of Roseland
Road) and such other construction necessitated by such
project; providing for formal completion date, and date for
payment without penalty and interest.
11.J.6. COUNTY’S UTILITY MASTER PLAN UPDATE –
PROFESSIONAL SERVICES AGREEMENT ADDENDUM NO.
4 - POST, BUCKLEY, SCHUH & JERNIGAN, INC. (PBS&J)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
Addendum No. 4 in the total amount of $18,600 to PBS&J
as presented and authorized the Chairman to execute same,
as recommended in the memorandum dated September 14,
2004.
ADDENDUM #4 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
12.A. COUNTY ATTORNEY – DEPARTMENT OF JUVENILE
JUSTICE COST SHIFTS – SECTION 985.2115, FLORIDA
STATUTES
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Lowther, the Board unanimously agreed to
October 12, 2004
30
follow the advice of the Florida Association of Counties not
to remit the October 1, 2004 payment pending the court
ruling, as recommended in the memorandum dated October
4, 2004.
12.B. COUNTY ATTORNEY – REQUEST FOR WAIVER OF
PROCEDURE - RFQ #7024 CONSTRUCTION MANAGER AT
RISK FOR A NEW COUNTY ADMINISTRATION COMPLEX –
HURRICANE FRANCES AND HURRICANE JEANNE
County Attorney Collins reviewed his memorandum (copy on file) advising the
Board of their power and authority under a State of Emergency declared by the Governor until
November 24, 2004, Florida Statute 252.38(3)5, to waive the deadline for submittal of proposals
due to Hurricane Jeanne. A letter from Proctor Construction Company was the first request
received to accept their RFQ late because of Hurricane Jeanne and the mandatory evacuation of the
barrier island precluding them from operating out of their place of business. According to
Attorney Collins a waiver of the deadline would be unfair to those companies that did meet the
deadline. He advised the Board to elect Alternative 1, rejecting all late-filed proposals and to
proceed with the selection process, considering only timely-filed proposals.
Administrator Baird had reviewed the six RFQs that were submitted and none were
from Vero Beach companies. Since Indian River County was directly impacted by the hurricanes
the Board felt it was unfair to the local businesses if they chose Alternative 1.
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Lowther, the Board unanimously approved
Alternative #2, to reject any and all bids.
October 12, 2004
31
13.E. COMMISSIONER KENNETH R. MACHT – REQUEST TO
RESCHEDULE MEETING FROM 6:00 P.M. TO 9:00 A.M. ON
NOVEMBER 9, 2004
(CLERK’S NOTE: THIS ITEM WAS HEARD FOLLOWING ITEM 14.B. AND
IS PLACED HERE FOR CONTINUITY.)
th
Commissioner Macht inquired if the 6:00 p.m. meeting of November 9 could be
rescheduled to 9:00 a.m. since that will be the last Commission meeting for three Commissioners
and he would like to have most of the staff present.
County Attorney Collins mentioned that there might have been advertisements
placed for that meeting and he would like to review the Ordinance prior to their making a decision.
CONSENSUS WAS for the County Attorney to research
the County Ordinance to see if the Regular Board of County
th
Commission meeting of November 9 could be held at 9:00
a.m. instead of 6:00 p.m.
14.A. EMERGENCY SERVICES DISTRICT - NONE
14.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Board of
County Commissioner 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.
14.B.1. AM-RMA10,
PPROVAL OF INUTES EGULAR EETING OF UGUST
2004
October 12, 2004
32
14.B.2. AM-RMA24,
PPROVAL OF INUTES EGULAR EETING OF UGUST
2004
14.B.3. ABAIRCB#7021WB
PPROVAL OF ID WARD FOR ID INTER EACH
CCCEA
USTOMER ONVENIENCE ENTER NTRANCE PRON
I-UD/SW
MPROVEMENTS TILITIES EPARTMENTOLID ASTE
DD–TRC,I.
ISPOSAL ISTRICT IMOTHY OSE ONTRACTING NC
14.C. ENVIRONMENTAL CONTROL BOARD - NONE
October 12, 2004
33
DOCUMENTS TO BE ADDED TO THE RECORD
1.
2.JCOLA(SLG)-BS/I-
EASE DDENDUM ELL OUTHNTERACT
A#729850-001AM4,2004
GREEMENT PPROVED AY
3.EO2004-04–AR
MERGENCY RDER MENDED AND ESTATED
EO2004-04CS15,
MERGENCY RDER IRCULATED EPTEMBER
2004.
4.EO2004-05–E,A
MERGENCY RDER XTENDED MENDED AND
RCEO2004-05
ESTATED OUNTY MERGENCY RDER
CS16,2004
IRCULATED EPTEMBER
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 8:24 p.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman
Minutes Approved: _________________
October 12, 2004
34
BCC/MIS/2004Minutes
October 12, 2004
35