HomeMy WebLinkAbout10/14/2003INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OCTOBER 14, 2003
1. CALL TO ORDER........................................................................1
2. INVOCATION...............................................................................1
3. PLEDGE OF ALLEGIANCE......................................................1
4. ADDITIONS/DELETIONS TO THE
AGENDA/EMERGENCY ITEMS..............................................1
5. PROCLAMATIONS AND PRESENTATIONS .......................2
5.A. PRESENTATION OF PROCLAMA TIONDESIGNA TING OCTOBER 19-25,
2003 AS CHARACTER COUNTS! WEEK....................................................2
5.B. PRESENTATIONOFPROCLAMATIONHONORING COACHBILLY
LIVINGS (VERO BEA CH HIGHSCHOOL) ON HIS 3OOTH VICTORY.............2
5.0 JOINT PRESENTATIONBY COUNTYRECREATIONDEPARTMENT AND
POINTE WEST - "SCREEN ON THE GREEN" ........................................... 2
6. APPROVAL OF MINUTES........................................................3
7. CONSENT AGENDA...................................................................3
7.A. REPORTS..................................................................................................3
7.B. APPROVAL OF WARRANTS........................................................................3
OCTOBER 14, 2003 1
7. C ELECTION OF COUNCIL OF PUBLIC OFFICIALS FOR THE YEAR
2003(COPD) CHAIRMANSANDRA BORDENAND VICE CHAIRMAN
JOEBARCZYK.......................................................................................... 4
7.D. OUT -OF -COUNTY TRAVEL FOR COMMISSIONERS TO ATTEND
FLORIDA ASSOCIATION OF COUNTIES LEGISLATIVE CONFERENCE
AND FLORIDA COUNTIES FOUNDATION WORKSHOP - NOVEMBER
19-21,2003 -PGA NATIONAL RESORT AND SPA INPALMBEACH
COUNTY...................................................................................................4
7.E. HISTORIC RESOURCES ADVISORY COMMITTEE (HRAC) -
APPOINTMENT OF CHRIS CRA RFORD REPLACING DONALD
BER CAR, MEMBER AT-LARGE...............................................................4
7.F. TEMPORARY WATER SERVICE AND SPECIAL ASSESSMENT
AGREEMENT -HAROLD F. AND SHERI L. REICHERT, 13415 INDIAN
RIVER DRIVE, SEBASTIAN....................................................................... 5
7. G. BID #6022 - SOUTH COUNTYREVERSE OSMOSIS WATER
TREATMENT PLANT MEMBRANE VESSEL REPLACEMENT PROJECT -
AMERICAN ENGINEERING SERVICES, INC ............................................. 5
7.H. BID #6019 - SOUTHAND NORTH COUNTYREVERSE OSMOSIS
WATER TREATMENT PLANT -ANNUAL PURCHASE AND DELIVERY
OF CARTRIDGE FILTERS -TRI-DIM FILTER CORPORATION .................... 6
7.1. DECLARE EXCESS EQUIPMENT SURPL US. -AFTER-THE-FACT .............. 6
7.J. BID #6025 -CHILLER REPLACEMENT FOR ADMINISTRATION
BUILDING AND APPROPRIATION OFADDITIONAL FUNDING -
MID -STATE MECHANICAL OF VERO BEACH .......................................... 7
7.K. OLD DOUGLASS SCHOOL CAFETORIUMHVAC (HEATING AND
VENTILATIONAIR CONDITIONING) CONTRACT -HVAC
MECHANICAL, INC (BID #6015)............................................................ 7
7.L. JUNGLE TRAIL SHORELINE STABILIZATION PHASE I - AMENDMENT
- COST ESTIMATE REVISION - FLORIDA INLAND NAVIGATION
DISTRICT (FIND)- COSTSHARE............................................................ 8
7.M. ECO -HERITAGE TOURISM PROMOTION PROGRAM FUNDING -
SEBASTIAN RIVER AREA CHAMBER OF COMMERCE TOURIST
OCTOBER 14, 2003 2
DEVELOPMENT COUNCIL (PELICANISLAND CENTENNIAL
CELEBRATIONREMAINING FUNDS) ....................................................... 8
7.N. DIAMOND COURT VILLAGE - FLOODPLAIN CUT AND FILL BALANCE
WAIVER CARTER ASSOCIATES, INC...................................................10
9.B.1. PUBLIC DISCUSSION ITEM - BRIAN HEADY'S
REQUEST TO ADDRESS MATTERS OF
IMPORTANCE ON THE GROWTH OF THE COUNTY
(BEACH PRESERVATION).....................................................10
9.B.2. PUBLIC DISCUSSION ITEM - JAY MCNAMARA'S
REQUEST TO SEEK ONE-TIME EXCEPTION TO THE
GENERAL RULE OF THE PROHIBITION OF
ALCOHOL FOR A CONCERT ON APRIL 3, 2004 AT
HOLMAN STADIUM.................................................................11
9.C.1. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON OCTOBER 21, 2003 ........................................13
1. DENNIS E. BAYLES' REQUEST FOR ABANDONMENT OFA PORTION
OF 14TH STREET WITHIN THE ROCKRIDGE SUBDIVISION. THE
SUBJECT SEGMENT OF RIGHT-OF-WAYIS LOCATED AT THE EAST
TERMINUS OF 14TH STREET JUST WEST OF INDIANRIVER
BOULEVARD..........................................................................................13
10.A. RETIREES' HEALTH INSURANCE - SUBSIDY FOR
RETIREES...................................................................................13
11.B. EMERGENCY SERVICES - RENEWAL OF A CLASS
"E" CERTIFICATE FOR VETERANS COUNCIL OF
OCTOBER 14, 2003 3
INDIAN RIVER COUNTY, INC. (WHEELCHAIR
SERVICES)..................................................................................14
11.H.1. HOLMAN STADIUM USE GUIDELINES AND
AGREEMENTS...........................................................................15
11.L1. HIDDEN LAKE PLANNED DEVELOPMENT
-DEVELOPER'S AGREEMENT RIGHT-OF-WAY,
ROADWAY AND DRAINAGE IMPROVEMENTS - 58TH
AVENUE ALONG 45TH STREET - ATLANTIC COAST
CONSTRUCTION AND DEVELOPMENT, INC..................15
11.I.2. KINGS HIGHWAY PHASE II - CHANGE ORDER NO.4
AND PARTIAL RELEASE OF RETAINAGE - SMITH &
COMPANY, INC.........................................................................15
11.J.1. DIAMOND LAKES SUBDIVISION DEVELOPER'S
AGREEMENT FOR CONSTRUCTION OF REGIONAL
SEWER SYSTEM - 9TH STREET S.W. (OSLO ROAD)
APPROXIMATELY 2400 LINEAR FEET W OF 43"
AVENUE - SUNLAND DEVELOPMENT, INC.....................16
13.A CHAIRMAN KENNETH R. MRCHT - DISCUSSION ON
PUBLICATION OF WEEKLY AGENDA..............................16
14.A. EMERGENCY SERVICES DISTRICT...................................17
14.B. SOLID WASTE DISPOSAL DISTRICT.................................17
OCTOBER 14, 2003 4
14.C. ENVIRONMENTAL CONTROL BOARD .............................18
OCTOBER 14, 2003
October 14, 2003
REGULAR MEETING OF THE BOARD OF
COUNTY COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on
Tuesday, October 14, 2003, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Caroline D.
Ginn, Vice Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Arthur R.
Neuberger. Also present were James E. Chandler, County Administrator; William G. Collins II,
County Attorney; and Maria L Suesz, Deputy Clerk.
1. CALL TO ORDER
Chairman Macht called the meeting to order.
2. INVOCATION
Pastor Ray Scent of First United Methodist Church delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Macht led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE
AGENDA/EMERGENCY ITEMS
Chairman Macht requested the following changes to today's Agenda:
Addition: Item 9.13.2. Holman Stadium — One-time Exception to
General Rule on Prohibition of Alcohol -
Boys and Girls Clubs Event, April 3, 2004
Deferred: Item II.H.I. Holman Stadium Use Guidelines and
Agreement — deferred to 10/21/03
OCTOBER 14, 2003 1
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously made the above
changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION DESIGNATING
OCTOBER 19-25,2003 AS CHARACTER COUNTS! WEEK
Commissioner Ginn read and presented the following Proclamation to Eleanor
Simmons and Carol Johnson of the Care for Council on Aging:
Eleanor Simmons accepted the proclamation on behalf of their Chairman Judge
Joe Wild, and their members and thanked the Board for this recognition as Character Counts!
Week.
Carol Johnson is handing out some desk cards as a daily reminder which they
hope will leave some good impressions.
Chairman Macht commented the citizens in attendance at the Board meetings
always remind the Board of their responsibilities.
S.B. PRESENTATION OF PROCLAMATION HONORING COACH
BILLYLIVINGS (VERO BEA CH HIGH SCHOOL) ON HIS
300TH VICTORY
Commissioner Lowther read and presented the following Proclamation to Coach
Livings and his wife, Rosemary.
Coach Billy Livings gratefully accepted the proclamation, made a few jovial
comments and invited everyone to come out to see a game.
5.C. JOINT PRESENTATION BY COUNTYRECREATION
DEPARTMENT AND POINTE WEST —"SCREEN ON THE
GREEN"
OCTOBER 14, 2003 2
Charles Mechling, President of Pointe West of Vero Beach, Inc. advised of the
joint effort that started with the law enforcement games and with the County's Recreation
Department which involved a variety of events. The first event will be a flag football game during
the day and "Screen on the Green" (movie admission tickets were handed out and are on file with
the backup) on October 18, 2003 at 7:00 p.m. The movies will be held monthly on the third
Saturday at centerfield at Pointe West. He invited everyone to come out.
Chairman Macht asked if the Charter High School is also involved and Mr.
Mechling responded that they were involved along with their Key Clubs.
6. APPROVAL OF MINUTES
None.
7. CONSENT AGENDA
Commissioner Lowther pulled Item 7.M. for discussion.
7.A. REPORTS
The following reports have been received and are on file in the office of the
Clerk to the Board:
1) St. Johns River Water Management District Florida Forever Work
Plan Annual Update — September, 2003
2) St. Johns River Water Management District FY 2003-04 Final Budget
3) Indian River County Hospital District Meeting Change (Oct. 16,
2003 regular meeting changed to October 27,
2003 at 6:30 p.m.)
7.B. APPROVAL OF WARRANTS
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously approved the list
of Warrants as issued by the Clerk to the Board for September
25, 2003 through October 2, 2003, as received by staff.
OCTOBER 14, 2003 3
7. C: ELECTION OF COUNCIL OF PUBLIC OFFICIALS FOR THE
YEAR 2003(COP 0) CHAIRMAN SANDRA BOWDENAND
VICE CHAIRMAN .TOE BARCZYK
Noted for the record
7.D. OUT--OF-COUNTY TRAVEL FOR COMMISSIONERS TO
ATTEND FLORIDA ASSOCIATION OF COUNTIES
LEGISLATIVE CONFERENCE AND FLORIDA COUNTIES
FOUNDATION WORKSHOP - NOVEMBER 19-21, 2003 -
PCiA NATIONAL RESORT AND SOPA IN PALM BEACH
COUNTY
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously granted
out -of -county travel for all Commissioners to attend the
Annual Florida Association of Counties Legislative
Conference November 19-21, 2003, and granted
out -of -county travel for Commissioner Lowther and
Commissioner Neuberger to attend the Florida Counties
Foundation Commissioners Voluntary Certification Program
titled "Leading and Governing Diverse Communities",
Wednesday, November 18, 2003 from 8:00 to 11:00 a.m. in
conjunction with the above mentioned conference, as
requested in the memorandum.
7.E. HISTORIC RESOURCES ADVISORY COMMITTEE (HRA 0
— APPOINTMENT OF CHRIS CRA WFORD REPLACING
DONALD BERCAW, MEMBER AT -LARGE
OCTOBER 14, 2003 4
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously appointed Chris
Crawford to fill the vacancy of Donald Bercaw to the Historic
Resources Advisory Committee (HRAC), as recommended in
the memorandum.
7.F. TEMPORARY WATER SERVICE AND SPECIAL
ASSESSMENT AGREEMENT - HAROLD F. AND SHERI L.
REICHERT, 13415 INDIAN RIVER DRIVE, SEBASTIAN
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously approved the
Agreement with Harold F. and Sheri L. Reichert to provide
temporary water service, until such time that a water line may
be constructed on Indian River Drive, by assessment, as
recommended in the memorandum.
COPY OF AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7. G. BID #6022 - SOUTH CouNTYREVERSE OSMOSIS WATER
TREATMENT PLANT MEMBRANE VESSEL REPLACEMENT
PROJECT -AMERICAN ENGINEERING SER VICES, INC.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously awarded Bid
46022 to American Engineering Services, Inc., in the amount
of $150,233.00, and authorized the Chairman to execute same
when required performance and payment bonds have been
submitted along with appropriate certification of insurance
OCTOBER 14, 2003 5
and the County Attorney has approved the agreement as to
form and legal sufficiency, as requested in the memorandum.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.H. BID #6019 — SOUTH AND NORTH COUNTYREVERSE
OSHOSIS WATER TREATMENT PLANT — ANNUAL
PURCHASE AND DELIVERY OF CARTRIDGE FILTERS
-TRI-DIM FILTER CORPORATION
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously awarded Bid
46019 to Tri -Dim Filter Corporation in the amount of
$16,447.50, as the lowest and most responsive bidder meeting
the specifications as set forth in the Invitation to Bid and
established an Open -End Contract for the period of October 1,
2003 through September 30, 2004, and authorized the
Purchasing Manager to renew this contract for two (2)
additional one (1) year periods subject to satisfactory
performance, zero cost increase, Bidder acceptance and the
determination that renewal of this annual contract is in the
best interest of the County, as recommended in the
memorandum.
U DECLARE EXCESS EOUIPHENT SURPLUS. —
AFTER -THE -FACT
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously declared four (4)
OCTOBER 14, 2003 6
additional items as surplus that were not included on the
surplus list of August 5, 2003, as recommended in the
memorandum.
7.J. BID #6025 —CHILLER REPLACEMENT FOR
ADMINISTRATION BUILDING AND APPROPRIATION OF
ADDITIONAL FUNDING - MID -,STATE MECHANICAL OF
VERO BEACH
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously awarded Bid
46025 to Mid -State Mechanical of Vero Beach, Inc., as the
lowest and most responsive bidder meeting the specifications
as set out in the Invitation to Bid, with the bid deduct of
$10,000.00 for the Chiller with an EER rating of 9.8, for a
total bid of $185,413.00, and approved appropriation of an
additional $19,313.00 to provide a total of $185,413.00, as
recommended in the memorandum.
7.K. OLD DOUGLASS SCHOOL CAFETORIUMHVA C
(HEATING AND VENTILATION AIR CONDITIONING)
CONTRA CT — HVA C MECHANICAL, INC. (BID #6015)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously approved the
Agreement with HVAC Mechanical Inc., and authorized the
Chairman to execute same once the agreement has been
executed by HVAC Mechanical, Inc. and the County Attorney
has approved the agreement along with appropriate bonds, as
recommended in the memorandum.
OCTOBER 14, 2003 7
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.L. JUNGLE TRAIL SHORELINE STABILIZATION PHASE I —
AHENDHENT — COST ESTIMATE REVISION - FLORIDA
INLAND NAVIGATIONDISTRICT (FIND)- COST SHARE
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously approved the
revised cost estimate and requested the Chairman to execute
both copies of the amendment, as recommended in the
memorandum.
PROJECT AMENDMENT IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
7.M. ECO -HERITAGE TOURISM PROMOTION PROGRAM
FUNDING -SEBASTIAN RIVER AREA CHAMBER OF
COMMERCE TOURIST DEVELOPMENT COUNCIL
(PELICAN ISLAND CENTENNIAL CELEBRATION
REMAINING FUNDS)
(CLERK'S NOTE: This item was heard prior to item 9.13.1., Public Discussion
Items, but placed here for continuity.)
Commissioner Lowther felt this item should not have been placed under
Consent Agenda since half of the money is dealing with professional fees. He
thought it was ironic what the Press Journal had to say about this program. (The
article in the Press Journal printed on October 14, 2003, page A5 stated that "some
of the funds allocated for this program are expected to be paid to former
OCTOBER 14, 2003 8
Commissioner Ruth Stanbridge who in 2002 voted to allocate related funds." [copy
is on file] His recommendation was to table this item and seek State funding.
Commissioner Ginn had read the newspaper article and felt this was a local
issue. She said the money had been set aside for Executive Director Beth Mitchell
of the Sebastian River Area Chamber of Commerce to hire the best person qualified
and she felt that Ruth Stanbridge is uniquely qualified. She did not believe there
was anything "behind the scenes". She clarified that former Commissioner Ruth
Stanbridge cannot be hired until she has been out of office for one year, which
would be the end of November 2003.
Commissioner Lowther personally felt if it looks fishy and smells fishy, it is
fishy and, unfortunately Ruth was part of the voting in favor of this program. He
thinks with a population of 112,000 people in the county there has to be more than
one person qualified for the position.
Commissioner Adams had not read the newspaper, but has seen the
incredible busloads of tourists that come here to see the beautiful resources and take
the historical tours. She said for at least seven years this has been discussed and our
county has done nothing to encourage eco -heritage tourism and she felt it was time
to move forward. She pointed out that the backup did not mention any names and
she told Commissioner Lowther that he cannot take action on personalities. The
agenda item is strictly voting on the best program and it is up to the TDC to select
the best person for the job. She supported the program.
Commissioner Ginn added that these are tourist tax dollars and it has been
an effort to get the program coordinated because it is something that our county has
not done before.
In response to Commissioner Neuberger's question, Assistant County
Administrator Joe Baird explained that the funds were leftover from the Pelican
Island Centennial Celebration funds.
MOTION WAS MADE by Commissioner Adams,
SECONDED BY Commissioner Ginn, to approve staffs
recommended.
OCTOBER 14, 2003 9
Discussion ensued and Chairman Macht agreed with Commissioner
Lowther pointing out, however, that the person involved, could never have known
that there would have been leftover funds.
Commissioner Ginn added that the paper did say that she could not have
known the funds were available.
The Chairman CALLED THE QUESTION and the Motion
carried 4-1 (Commissioner Lowther opposed). (The Board
approved funding in the amount of $24,900 to promote
Eco -Heritage Tourism.)
7.N. DIAMOND COURT VILLAGE — FLOODPLAIN CUT AND
FILL BALANCE WAIVER (CARTER ASSOCIATES, INC.)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously approved
alternative No. 1, the cut and fill balance waiver to Carter
Associates, Inc., as requested in the memorandum.
9.B.1. PUBLIC DISCUSSION ITEM - BRIAN HEADY'S
REQUEST TO ADDRESS MATTERS OF
IMPORTANCE ON THE GROWTH OF THE COUNTY
(BEACH PRESERVATION)
Chairman Macht told Mr. Heady that he wished he would speak on specifics rather
than generalizations.
Brian Heady of Vero Beach clarified his comment made at the previous Board
meeting, for the record, that the sand on the beach was gone and he meant it realigned back into the
ocean underwater. He displayed a picture of the sand at South Beach Park, surfside area, Sector 7.
Commissioner Ginn interjected that that beach has not been renourished and has
been a hot spot for erosion for years.
OCTOBER 14, 2003 10
Mr. Heady continued that this was where the sand was to migrate and it didn't
happen. With all the silliness of the gavel coming down because the Board did not like what he
had to say, the reality is the same, we are pouring $8 million down the drain and the bottom line is
we have to protect the tax base and at least pump the sand in front of houses that need it.
NO ACTION REQUIRED OR TAKEN.
9.B.2. PUBLIC DISCUSSION ITEM - JAY MCNAMARA'S
REQUEST TO SEEK ONE-TIME EXCEPTION TO THE
GENERAL RULE OF THE PROHIBITION OF
ALCOHOL FOR A CONCERT ON APRIL 3, 2004 AT
HOLMAN STADIUM
Jay McNamara, President of the Boys and Girls Clubs read his letter (copy on file)
requesting the Board to provide the Boys and Girls Clubs a one-time exception to the general rule
of the prohibition of alcohol for their country music concert on April 3, 2004 at Holman Stadium.
MOTION WAS MADE by Commissioner Adams,
SECONDED by Commissioner Lowther, to approve the
request.
Commissioner Ginn said she could not support this request. She felt it sets a very
bad precedent and the best way to prevent an incident with alcohol is not to serve it at all.
County Administrator Chandler apologized that he did not have the proposed
guidelines ready before this item was presented to the Board and should the Board approve this
request, he will modify the proposed policy and bring it back to the Board at the next meeting.
Commissioner Ginn said we have some liability and it is a door that we should not
open.
Jay McNamara said whether to have alcohol or not is significant when you look at
the economics. It is an objective assessment, but for an organization like themselves the risk
becomes overwhelming. They need to attract large crowds to break even.
OCTOBER 14, 2003 11
Commissioner Ginn restated her opinion that selling alcohol is not necessary, and it
is not what the Board wants in our county. She said we do not have specific guidelines set up and
we need to get the guidelines in place first.
Discussion continued and it was pointed out that although Mr. McNamara
mentioned in his letter that the Police Department would be on hand to prevent incidents at the
event, the Police Chief had not previously been contacted and Commissioner Ginn felt that it was
wrong for him to mention it in his letter. However, Administrator Chandler explained that it is part
of the guidelines that the Police Department will provide security at all events at the stadium.
Mr. McNamara stated that the entertainers are standing by and if there is further
delay they will not have a concert.
Administrator Chandler said up until Friday morning everything was in place until
he got a call from the Dodgers that they wanted to defer the policy for one week.
Chairman Macht stated we can assume that nothing will go forward until we are
satisfied with the extent of the liability coverage and all the other regulations.
Commissioner Neuberger spoke in favor of the request.
The Chairman CALLED THE QUESTION and the MOTION
carried 4-1 (Commissioner Ginn opposed). The Board
approved the one-time exception of the general rule
prohibiting alcohol at the Boys and Girls Clubs event on April
3, 2004 at Holman Stadium.
Discussion continued and Pastor Scent said if character building is what we are
out to do, he did not think we could do it best by endorsing the drinking of alcoholic beverages.
Pastor Scent described what it was like when he was a youngster going onto the
beach at Sexton Plaza by the Ocean Grill. He told a story dating back to late 1930 about the first
motorcycle policeman whose job was to slow down the tourists heading to Miami. He suggests
that if we do something to slow down the tourists everybody would get more business.
Chairman Macht quipped they would buy everybody in town a new motorcycle.
OCTOBER 14, 2003 12
9.C.1. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON OCTOBER 21, 2003
1. DENNIS E. BAYLES' REQUEST FOR ABANDONMENT OFA
PORTION OF 14TH STREET WITHIN THE ROCKRIDGE
SUBDIVISION. THE SUBJECT SEGMENT OF
RIGHT-OF-WAYIS LOCATED AT THE EAST TERMINUS OF
14TH STREET JUST WEST OF INDIAN RIVER BOULEVARD
Executive Aide Kim Massung read the notice into the record.
10.A. RETIREES' HEALTH INSURANCE - SUBSIDY FOR
RETIREES
Assistant County Administrator Joe Baird brought back to the Board changes to the
policy regarding the retirees' health insurance premium subsidy by the county. The proposed
policy states an employee must have 10 years of service when they retire to receive compensation
of 2% for each year of service, up to a maximum of 40%. After age 65 the rate is reduced 20%
because Medicare becomes the primary carrier. He had talked to labor attorneys to see if he could
have a minimum age requirement and he was advised that he could use length of service but not
age as a requirement because he would open the County up to litigation. Mr. Baird estimated this
would cost the county about $80,000 more a year. He also said that it is impossible to project what
the future cost for health insurance would be.
A brief question and answer period ensued regarding age as a requirement for
retirees and Attorney Collins clarified the reason for using years of service over age is to prevent
any age discrimination lawsuits.
Commissioner Ginn was not in favor of this policy. She was troubled by the fact
that it is impossible to determine future costs of insurance and once they start there may be more
liability on the County's part.
Mr. Baird presented a few alternatives to reduce the liability. The years of service
could increase to 15 years or 12 years. He explained that there are employees that started working
OCTOBER 14, 2003 13
at an early age and now have 20 or 25 years of service and cannot afford to retire due to the cost of
the insurance.
MOTION WAS MADE by Commissioner Adams,
SECONDED by Commissioner Lowther, to approve staff's
recommendation. (Later in the meeting the motion was
amended from 10 years to 15 years of service.)
Under further discussion Commissioner Ginn asked if this was Commissioner
Neuberger's intent.
Commissioner Neuberger said he was looking at the long-term employees and not
necessarily the short-term service employees. He thought the years of service should be raised
from 10 years to 15 years.
Commissioner Adams AMENDED THE MOTION,
SECONDED by Commissioner Lowther, the motion carried
4-1, Commissioner Ginn opposed. (The Board approved
subsidizing retirees' health insurance premiums for those
employees who retire with a minimum of 15 years of service
at a rate of 2% per year of service, up to 40%, and after age 65
the subsidy will be reduced 20% because Medicare becomes
the primary insurance carrier.)
11.B. EMERGENCY SERVICES - RENEWAL OF A CLASS
"E" CERTIFICATE FOR VETERANS COUNCIL OF
INDIAN RIVER COUNTY, INC. (WHEELCHAIR
SERVICES)
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously approved the
renewal for a Class "E" Certificate of Public Convenience and
OCTOBER 14, 2003 14
Necessity for Veterans Council of Indian River County Inc. to
be effective for a period of two (2) years from November 6,
2003, to November 6, 2005, as recommended by staff.
CERTIFICATE IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
I.H.I. HOLMAN STADIUM USE GUIDELINES AND
AGREEMENTS
Deferred to October 21, 2003
11.L1. HIDDEN LAKE PLANNED DEVELOPMENT
-DEVELOPER'S AGREEMENT RIGHT-OF-WAY,
ROADWAY AND DRAINAGE IMPROVEMENTS - 58TH
AVENUE ALONG 45TH STREET - ATLANTIC COAST
CONSTRUCTION AND DEVELOPMENT, INC.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board unanimously approved the
Developer's Agreement for Right -of -Way, Roadway and
Drainage Improvements for 58th Avenue along 45th Street, as
recommended in the memorandum.
DEVELOPER'S AGREEMENT IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
11.I.2. KINGS HIGHWAY PHASE II - CHANGE ORDER NO.4
AND PARTIAL RELEASE OF RETAINAGE - SMITH &
COMPANY, INC.
OCTOBER 14, 2003 15
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously approved
Change Order No. 4 in the amount of $213,367.01, and also
approved a partial release of retainage in the amount of
$752,428.00, as recommended in the memorandum.
DEVELOPER'S AGREEMENT IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
11.J.1. DIAMOND LAKES SUBDIVISION DEVELOPER'S
AGREEMENT FOR CONSTRUCTION OF REGIONAL
SEWER SYSTEM - 9TH STREET S.W. (OSLO ROAD)
APPROXIMATELY 2400 LINEAR FEET W OF 43RD
AVENUE - SUNLAND DEVELOPMENT, INC.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board unanimously approved the
developer's agreement as presented, authorized the
Department of Utility Services to recover connection charges,
capacity charges, and line extension fees from future
developments, and authorized the Chairman to execute same,
as recommended in the memorandum.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
13.A CHAIRMAN KENNETH R. MRCHT - DISCUSSION ON
PUBLICATION OF WEEKLY AGENDA
Chairman Macht pointed out the weekly agenda had not been published
consistently in the Press Journal and seldom is it published on the county page. He said the County
OCTOBER 14, 2003 16
is paying over $20,000 a year for this publication. Since there are plenty of other places such as the
Library, television and various other places, he asked if the Commissioners would like to dispense
with that expense.
Commissioner Ginn was concerned if we plan to have any kind of notice.
Executive Aide Kim Massung mentioned several ways that the agenda can be made
available: by fax, e-mail, cable TV, public libraries, law libraries and the BCC office.
John Williams, 1535 Smugglers Cove, urged the Board to continue spending that
money and to keep the maximum communication that they can with the public.
Frank Coffey, 1200 Admirals Walk, said he sees no need to have it published in
the newspaper. Half the time the Agenda does not give the real story and he recommended that we
discontinue publishing it.
thing.
Commissioner Neuberger had mixed emotions.
Commissioner Adams felt any way they could communicate to the public is a good
Chairman Macht recommended that the agenda be printed with the specifications
that it be placed on the county page, right hand read, at the same cost.
Commissioner Adams felt the difficult part of that is the size.
Commissioner Neuberger speculated on the circulation of the Hometown News,
and suggested they try to see if it is less costly than the Press Journal.
CONSENSUS was reached for staff to look at all options with
other publications and to continue advertising with the Press
Journal until other recommendations are brought back to the
board.
14.A. EMERGENCY SERVICES DISTRICT
None.
14.11. SOLID WASTE DISPOSAL DISTRICT
None.
OCTOBER 14, 2003 17
14.C. ENVIRONMENTAL CONTROL BOARD
None.
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 10:06 a.m.
ATTEST:
Jeffrey K. Barton, Clerk Kenneth R. Macht, Chairman
Minutes Approved:
OCTOBER 14, 2003 18