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Home My WebLink About01/18/2005 INDEX TO MINUTES FOR REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF JANUARY 18, 2005 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 6.APPROVAL OF MINUTES ........................................................................ 2 7.CONSENT AGENDA ................................................................................... 2 7.A.AW–D.29,2004–J.6,2005.........................................2 PPROVAL OF ARRANTS EC AN 7.B.RBM,M--LA, ESIGNATION OF ETH ITCHELL EMBERATARGE PPOINTEE FROM PLAB(PLAB) ......................................................3 THE UBLIC IBRARY DVISORY OARD 7.C.BACAA LANKET UTHORIZATION FOR OMMISSIONERS TO TTEND SSIGNED CMOC ..................................................................3 OMMITTEE EETINGS UT OF OUNTY 7.D.P&RC(P&R)-2005EC ARKS ECREATION OMMITTEE LECTION OF HAIRMAN SWVCBW,S. ..........................................3 USAN ILSON AND ICE HAIRMAN ILL ILSON R January 18, 2005 1 7.E.UAC(UAC)–2005ECJ TILITY DVISORY OMMITTEE LECTION OF HAIRMAN OHN TVCAA...............................................3 SCHINKEL AND ICE HAIRMAN NDREW LLOCCO 7.F.EDC(EDC)–2005EC CONOMIC EVELOPMENT OUNCIL LECTION OF HAIRMAN JKVCLG ........................................4 AMES RETSCH AND ICE HAIRMAN INDA ONZALEZ 7.G.O--CTCAN UTOFOUNTY RAVEL FOR OMMISSIONERS TO TTEND THE ATIONAL HC–M21-25,2005NO– URRICANE ONFERENCE ARCH IN EW RLEANS CMRMM22,2005M29, ONSENSUS TO OVE EGULAR EETING OF ARCH TO ARCH 2005 ............................................................................................................................4 7.H.AAPPE UTHORIZATION TO DVERTISE FOR ROPOSED ROPERTY XCHANGE AT FTS–IRAII,LLLP– ALCON RACE UBDIVISION NDIAN IVER SSOCIATES MD–R--WUA2027ASW ............4 THTH URPHY EED IGHTOFAY SE LONG AND VENUES 7.I.M.ZBC–APPN T ION APTIST HURCH UTHORIZATION TO UBLISH UBLIC OTICE RTPE–(PNC EGARDING ERMS OF ROPERTY XCHANGE ROPERTY FOR EW OUNTY AC) ......................................................................................5 DMINISTRATION OMPLEX 7.J.FEMA(FEMA)-A EDERAL MERGENCY ANAGEMENT GENCY GREEMENT FOR UMNCL .........................................................5 SE OF AIN AND ORTH OUNTY IBRARIES 7.K.F-SD,LLC–FPA LINCHUMCHLITT EVELOPMENT INAL LAT PPROVAL FOR PRK72CSW6SSW..................6 NDTH RIVATE OADS TO BE NOWN AS OURT AND TREET 7.L.ASCIART,I. UTHORIZATION TO EEK A OURT NJUNCTON GAINST ELEAF REES NC OCV ..............................................................................6 FOR NGOING ODE IOLATIONS 7.M.BRP-FD EACH ESTORATION ROJECTS LORIDA EPARTMENT OF EP(FDEP)PGA98IR1 NVIRONMENTAL ROTECTION ROJECT RANT GREEMENT –AN.6 ..................................................................................................7 MENDMENT O 7.N.“BR”GA-L ...................................................8 ORN TO EAD RANT GREEMENTS IBRARY 7.O.PSS–M&E,I.–W ROFESSIONAL URVEYING ERVICES ORGAN KLUND NC ORK ON.4–IRCCN.0390–S2004FDEPM RDER O ONTRACT O UMMER ONITORING S........................................................................................................................8 URVEY 7.P.RN.2005-007–S-FLCTL ESOLUTION O INGLEAMILY OT ANOPY REE ANDSCAPE IF–EDM14,2005 ............................................9 NSPECTION EE FFECTIVE ATE ARCH January 18, 2005 2 9.A.1.PUBLIC HEARING – RESOLUTION NO. 2005-008 – ABANDONMENT OF A PORTION OF A COMMON DRIVE WITHIN THE WINDSOR DEVELOPMENT – REQUESTED BY CARL GRIMSTAD (LEGISLATIVE) ..................................................... 10 9.A.2.PUBLIC HEARING – ORDINANCE NO. 2005-001 – REZONE 2 PROPERTIES TOTALING 19.31 ACRES FROM A-1 TO RS-3 AND RM-6 – INDIAN RIVER DEVELOPMENT PARTNERS THTH LLC – VICINITY 66 AVENUE BETWEEN 26 STREET AND RD 33 STREET (QUASI-JUDICIAL) ......................................................... 11 9.B.1.PUBLIC DISCUSSION ITEM – BRIAN HEADY REGARDING EXPENDITURE OF TAX DOLLARS ..................................................... 14 9.B.2.PUBLIC DISCUSSION ITEM – JAY MCNAMARA, PRESIDENT OF BOYS & GIRLS CLUBS OF INDIAN RIVER COUNTY - PERMISSION TO USE HOLMAN STADIUM FOR A CONCERT ON APRIL 2, 2005 AND REQUEST FOR LOCATION/PROPERTY IN SOUTH COUNTY TO ESTABLISH A CLUBHOUSE .......................................................................................... 14 9.B.3.PUBLIC DISCUSSION ITEM – JOHN FLEMING CONCERNING LACK OF ADEQUATE STREET AND ADDRESS MAPS FOR THE COUNTY FIRE AND MEDICAL EMERGENCY CREWS ............................................................................ 16 11.C.1.GENERAL SERVICES – TEMPORARY INCREASE IN MINIMUM BID REQUIREMENTS ASSOCIATED WITH HURRICANE RELATED PROCUREMENT OF GOODS AND SERVICES ................................................................................................... 17 January 18, 2005 3 11.C.2.GENERAL SERVICES – SHERIFF’S OFFICE – HURRICANE-RELATED EMERGENCY REPAIRS – EMERGENCY CONTRACT WITH BARTH CONSTRUCTION – SECOND AMENDMENT .......................................................................... 18 11.C.3.GENERAL SERVICES – BID #7043 AWARDED TO CONE & GRAHAM, INC. - ADMINISTRATION COMPLEX ROADWAY AND BRIDGE (MAIN RELIEF CANAL) IMPROVEMENTS ........... 18 11.C.4.GENERAL SERVICES – JOINT USE LIBRARY AT MUELLER CENTER INDIAN RIVER COMMUNITY COLLEGE ....................... 19 11.D.HUMAN RESOURCES – HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) POLICY, BLUE CROSS BLUE SHIELD OF FLORIDA (BCBS) ADMINISTRATIVE AGREEMENT AND CONFIDENTIALITY & INDEMNITY AGREEMENT ............................................................... 20 11.I.1.PUBLIC WORKS – COUNTY ROAD 512 PHASE V, I-95 TO TH WILLOW STREET (130 AVENUE) – MASTELLER, MOLER & REED, INC. – DESIGN/TOPOGRAPHIC SURVEY – CONTINUING PROFESSIONAL SURVEY SERVICES CONTRACT 0390 – 2004-2005 WORK ORDER NO. 3 (ENGINEERING) – IRC PROJECT NO. 0445 ...................................... 21 11.I.2.PUBLIC WORKS – OSLO ROAD RIGHT-OF-WAY MAPPING TH PROJECT PHASE I, US 1 TO 27 AVENUE – KIMLEY-HORN & ASSOCIATES, INC. – CONTINUING PROFESSIONAL SURVEY SERVICES CONTRACT 0390 WORK ORDER NO. 7 (ENGINEERING) – IRC PROJECT NO. 0501 ...................................... 22 January 18, 2005 4 11.I.3.PUBLIC WORKS – EMERGENCY CONTRACT WITH COASTAL SERVICES OF FLORIDA, LLC – REMOVAL AND DISPOSAL OF MULCH PRODUCED AT SOUTH COUNTY ST DEBRIS INTAKE SITE ON 1 STREET AND US#1 – REQUEST FOR RELEASE OF RETAINAGE .......................................................... 23 11.J.1.UTILITIES SERVICES – OPERATIONS CENTER BID # 7026 - AWARD AND APPROVAL OF CONTRACT IN FORM – SUMMIT CONSTRUCTION MANAGEMENT - PROJECT NO. UCP 2229 – WIP NO. 472-169000-03507 ................................................. 23 11.J.2.UTILITIES SERVICES – WABASSO SUBAQUEOUS CROSSING – WATER, SEWER AND REUSE MAIN CROSSINGS – KIMLEY HORN & ASSOCIATES, INC. .................... 25 12.A.COUNTY ATTORNEY – APPOINTMENT OF COUNTY ADMINISTRATOR JOSEPH A. BAIRD, OR HIS DESIGNEE, AS REPRESENTATIVE TO ATTEND MEDIATION AND REPORT BACK TO BOARD WITH A SETTLEMENT RECOMMENDATION – CODE ENFORCEMENT LIENS FORECLOSURE CASE ON PROPERTY OWNED BY LEWIS BARTON, LOT 13, SURFSIDE ESTATES ............................................. 26 12.B.COUNTY ATTORNEY – ATTORNEY-CLIENT SESSION TO DISCUSS SETTLEMENT PROPOSALS – MGD DEVELOPMENT OF FLORIDA, II, LLC V. INDIAN RIVER COUNTY AND THE JEANETTE M. LIER TRUST, ET AL. V. INDIAN RIVER COUNTY ........................................................................ 26 January 18, 2005 5 13.A.CHAIRMAN THOMAS S. LOWTHER – PLANNING AND ZONING (P & Z) MEMBER AT LARGE APPOINTMENT – (GEORGE GROSS RE-APPOINTED) .................................................... 27 13.F.COMMITTEE APPOINTMENTS AND RE-APPOINTMENTS FOR 2005 ...................................................................................................... 28 14.A.EMERGENCY SERVICES DISTRICT .................................................. 30 14.A.1.FY2004/05EMSCAG–P OUNTY WARDS RANT URCHASE OF C/OEUN-MEMSG APITALPERATING QUIPMENT SING ONATCHING RANT FGR ............................................................................ 30 UNDS AND RANT ESOLUTION 14.A.2.APT(2)RFT PPROVAL TO URCHASE WO EPLACEMENT IRE RUCKS PM,I. .................................................................... 30 FROM IERCE ANUFACTURING NC 14.A.3.APRFT PPROVAL TO URCHASE A EPLACEMENT ORD YPE III AWCI,I. ....................................... 30 MBULANCE FROM HEELED OACH NDUSTRIES NC 14.A.4.AAFGF CCEPTANCE OF SSISTANCE TO IREFIGHTERS RANT UNDING AE ......................................................................... 30 AND PPROVAL OF XPENDITURES 14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 30 14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 31 January 18, 2005 6 January 18. 2005 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, January 18, 2005, at 9:00 a.m. Present were Thomas S. Lowther, Chairman; Arthur R. Neuberger, Vice Chairman; and Commissioners Sandra L. Bowden, Wesley S. Davis, and Gary C. Wheeler. Also present were Joseph Baird, County Administrator; William G. Collins II, County Attorney; Kimberly Massung, Executive Aide to the Board; and Patricia Ridgely, Deputy Clerk. 1. CALL TO ORDER The Chairman called the meeting to order. 2. INVOCATION Pastor Billy McLoud, Central Assembly of God, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Vice Chairman Neuberger led the Pledge of Allegiance to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS January 18, 2005 1 11.C.4. Replacement – Funding Agreement for Joint Use Library at Mueller Center/Indian River Community College. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously made the above change to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS None. 6. APPROVAL OF MINUTES None. 7. CONSENT AGENDA CLERK’S NOTE: Commissioners separated Items 7.G., 7.L., and 7.P. from the Consent Agenda for further information or discussion. 7.A. AW–D.29,2004–J.6,2005 PPROVAL OF ARRANTS EC AN ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously approved the list of Warrants as issued by the Clerk to the January 18, 2005 2 Board for the period December 29, 2004 to January 6, 2005, as requested. 7.B. RBM,M--L ESIGNATION OF ETH ITCHELL EMBERATARGE A,PLAB(PLAB) PPOINTEE FROM THE UBLIC IBRARY DVISORY OARD Resignation of Beth Mitchell noted and accepted. 7.C. BACA LANKET UTHORIZATION FOR OMMISSIONERS TO TTEND ACMOC SSIGNED OMMITTEE EETINGS UT OF OUNTY ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously approved out-of-county travel for all current and any future assigned committee meetings Commissioners are required to attend in 2005, as recommended in the memorandum of January 10, 2005. 7.D. P&RC(P&R)-2005E ARKS ECREATION OMMITTEE LECTION OF CSWVCBW,S. HAIRMAN USAN ILSON AND ICE HAIRMAN ILL ILSON R Election noted for the record. 7.E. UAC(UAC)–2005E TILITY DVISORY OMMITTEE LECTION OF CJTVCA HAIRMAN OHN SCHINKEL AND ICE HAIRMAN NDREW A LLOCCO Election noted for the record. January 18, 2005 3 7.F. EDC(EDC)–2005E CONOMIC EVELOPMENT OUNCIL LECTION OF CJKVCL HAIRMAN AMES RETSCH AND ICE HAIRMAN INDA G ONZALEZ Election noted for the record. 7.G. O--CTCA UTOFOUNTY RAVEL FOR OMMISSIONERS TO TTEND THE NHC–M21-25,2005 ATIONAL URRICANE ONFERENCE ARCH IN NO–CMRM EW RLEANS ONSENSUS TO OVE EGULAR EETING OF M22,2005M29,2005 ARCH TO ARCH nd Commissioner Wheeler asked the Board to consider moving the March 22 meeting to another date so they could attend this Annual Hurricane Conference. After discussion, there was CONSENSUS to move the meeting to March 29, 2005. They were reminded that two other meetings in March had been cancelled or moved which left thth them with meetings on March 15 and 29. ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved out-of-county travel for Commissioners to attend the National Hurricane Conference, as requested in the memorandum of January 10, 2005. 7.H. AAPP UTHORIZATION TO DVERTISE FOR ROPOSED ROPERTY EFTS–IR XCHANGE AT ALCON RACE UBDIVISION NDIAN IVER January 18, 2005 4 AII,LLLP–MD–R--WU SSOCIATES URPHY EED IGHTOFAY SE A2027ASW THTH LONG AND VENUES ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously authorized staff to proceed with the required advertisements for the property exchange, as recommended in the memorandum of January 10, 2005. 7.I. M.ZBC–APP T ION APTIST HURCH UTHORIZATION TO UBLISH UBLIC NRTPE– OTICE EGARDING ERMS OF ROPERTY XCHANGE (PNCAC) ROPERTY FOR EW OUNTY DMINISTRATION OMPLEX ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously authorized the County Attorney to proceed with all necessary notices required to allow the exchange to proceed between the County and Mt. Zion Baptist Church, as recommended in the memorandum of. January 12, 2005. 7.J. FEMA(FEMA)- EDERAL MERGENCY ANAGEMENT GENCY AUMNCL GREEMENT FOR SE OF AIN AND ORTH OUNTY IBRARIES ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously approved Agreement for Use DRC #17 and Agreement for January 18, 2005 5 Use DRC #42 and authorized the County Administrator to sign each agreement, as recommended in the memorandum of January 12, 2005. AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.K. F-SD,LLC–FP LINCHUMCHLITT EVELOPMENT INAL LAT APRK72CSW ND PPROVAL FOR RIVATE OADS TO BE NOWN AS OURT 6SSW TH AND TREET ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously granted final plat approval for the private road rights-of-way to be thth known as 74 Court SW and 6 Street SW, as recommended in the memorandum of January 7, 2005. 7.L. ASCIAR UTHORIZATION TO EEK A OURT NJUNCTON GAINST ELEAF T,I.OCV REES NC FOR NGOING ODE IOLATIONS Environmental & Code Enforcement Chief Roland DeBlois, responding to Commissioners’ questions, explained the reasons for the Code Enforcement Board giving extensions in this matter and that the basis of the issue is non-compliance to the site plan. He also advised of the other amounts owed by this corporation and the assessed value. ON MOTION by Commissioner Davis, SECONDED by Commissioner Bowden, the Board unanimously authorized January 18, 2005 6 staff to seek injunction relief against Releaf Trees, Inc. and Farm Releaf, Inc. for ongoing code violations, as described in and as recommended in the memorandum of January 11, 2005. 7.M. BRP-FD EACH ESTORATION ROJECTS LORIDA EPARTMENT OF EP(FDEP)PG NVIRONMENTAL ROTECTION ROJECT RANT A98IR1–AN.6 GREEMENT MENDMENT O ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously approved FDEP Contract 98IR1 Amendment No. 6 and authorized the Chairman to execute same, as recommended in the memorandum of January 11, 2005. AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD January 18, 2005 7 7.N. “BR”GA-L ORN TO EAD RANT GREEMENTS IBRARY ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously approved the agreements and authorized the Chairman to execute same and return them to the Library Services Director to be forwarded to the appropriate State Library staff, as recommended in the memorandum of January 10, 2004. GRANT AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.O. PSS–M&E,I.– ROFESSIONAL URVEYING ERVICES ORGAN KLUND NC WON.4–IRCCN.0390–S2004 ORK RDER O ONTRACT O UMMER FDEPMS ONITORING URVEY ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously approved final payment and application for release of the retainage in the amount of $5,015, as recommended in the memorandum of January 10, 2005. DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED January 18, 2005 8 7.P. RN.2005-007–S-FLCT ESOLUTION O INGLEAMILY OT ANOPY REE LIF–EDM14,2005 ANDSCAPE NSPECTION EE FFECTIVE ATE ARCH Commissioner Bowden understood the tree and landscaping ordinance was going to be reconsidered and this resolution is tied to implementation of that ordinance. Community Development Director Bob Keating explained that this resolution implements fees related to landscaping rules in Ordinance 2004-041 adopted December 7, 2004. The fees will cover additional staff necessary to enforce new regulations. Commissioner Wheeler supported hiring an additional code enforcement officer to help with the additional regulations. MOTION WAS MADE by Commissioner Bowden, SECONDED BY Commissioner Wheeler for discussion. Discussion followed regarding the reconsideration of the tree ordinance. They anticipated that it would be brought back the first meeting in February. The Chairman CALLED THE QUESTION and the motion carried unanimously. (The Board adopted Resolution No. 2005-007 establishing a landscape inspection fee relating to canopy tree requirements on single-family lots in conjunction with home construction, and providing an effective date (March 14, 2005). January 18, 2005 9 9.A.1. PUBLIC HEARING – RESOLUTION NO. 2005-008 – ABANDONMENT OF A PORTION OF A COMMON DRIVE WITHIN THE WINDSOR DEVELOPMENT – REQUESTED BY CARL GRIMSTAD (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling reviewed the memorandum dated January 5, 2005 with page 63 displayed on the ELMO. He advised that staff had no objection to the request and therefore staff recommends approval of the request for abandonment. The Chairman opened the public hearing. William Stewart, attorney for applicant, made a short presentation advising they had already obtained deeds from surrounding property owners and the utility companies are agreeable. In response to Chairman Lowther’s inquiry, Attorney Stewart advised that the utilities are under the applicant’s garage wall. There were no additional speakers and the Chairman closed the public hearing. ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution No. 2005-008 providing for the closing, abandonment, vacation and discontinuance of a portion of a parcel of land being a portion of the common drive adjacent to the east line of Lot 8, Block 18, Replat of Windsor Blocks 18, 19 and 20, as recorded in Plat Book 14, Page 23, January 18, 2005 10 of the Public Records of Indian River County, Florida, said land lying in Indian River County, Florida. 9.A.2. PUBLIC HEARING – ORDINANCE NO. 2005-001 – REZONE 2 PROPERTIES TOTALING 19.31 ACRES FROM A-1 TO RS-3 AND RM-6 – INDIAN RIVER DEVELOPMENT PARTNERS THTH LLC – VICINITY 66 AVENUE BETWEEN 26 STREET AND RD 33 STREET (QUASI-JUDICIAL) 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 the memorandum January 4, 2005 using a PowerPoint presentation. (A copy is on file with the backup in the Office of the Clerk to the Board.) He reviewed the existing land uses of surrounding properties and advised that staff and the Planning and Zoning Commission recommended approval of the rezoning. Director Keating responded to questions from Commissioners. Commissioner Bowden stated for the record that, because of citrus canker findings in Indian River and St. Lucie Counties and the proximity of the subject property to agricultural parcels, she believed the requested zoning is not compatible. Commissioner Wheeler questioned traffic impact on SR-60 intersections and Director Keating explained the impact fees, vesting and other particulars in the 1990 LDRs. Commissioner Wheeler expressed his preference for interconnectivity between developments. The Chairman opened the public hearing. January 18, 2005 11 Joseph Schulke , Schulke, Bittle, & Stoddard, was present on behalf of the applicant and addressed questions and concerns of the Commissioners. Joseph Paladin , Atlantic Coast Construction, explained why he selected this property for development and specified it will definitely have a connection with Trillium. He envisioned this as a retirement location for northern retirees and thinks it is a perfect development for the area. Bob Johnson , Coral Wind Subdivision, recommended that the southern parcel be RM-3 instead of RM-6 to help reduce the density. rd Robert Nall , 7103 33 Street, commented that this density is not compatible with nearby properties and the traffic out there is already terrible. He suggested that 1 unit per 5 acres would be compatible. He urged the Board to reject the application. rd Mr. Paladin In response to concerns, advised that access on 33 Street is merely rd temporary to bring in fill. There will be a berm on 33. He advised they are currently negotiating to be sharing amenities with Trillium. Chairman Lowther asked if Trillium would have landscaping in front of their wall, and Director Keating advised that they will have canopy trees because they came in before it was required to have landscaping. Commissioner Wheeler was concerned about the hauling on dirt roads; the dirt road is not only torn up but the people who live along it have to put up with the dust and truck traffic. Mr. Paladin interjected that he has talked to Mr. Hanlon (Trillium) about landscaping the walls, and they agreed to work together. As to hauling on the dirt road, he had obtained permits to bring in the fill thinking it was a safer way to do it. He specified they will voluntarily grade the road to return it to the way it was before their use. rd Bob Adair, 7060 33 Street, Executive Director of the Florida Research Center, was concerned that this rezoning would be incompatible and out of place. The road was designed for one large truck to maintain citrus trees. It has ditches on each side of the road and is not wide enough to allow traffic in both directions. He wanted assurance for the residents that they will not have to deal with this dangerous situation. January 18, 2005 12 County Administrator Baird stated he would have staff investigate. Chairman Lowther advised Mr. Adair to call him or any Commissioner if the situation is not relieved. Dr. Richard Baker called Trillium the “poster child” of what he did not like to see as a development. He requested a deferral on any action until the committee under Mr. Paladin has the opportunity to resolve it. Commissioner Davis expressed his trust in Mr. Paladin’s word. There were no additional speakers and the Chairman closed the public hearing. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Bowden, to deny the rezoning request. Under discussion, Commissioner Wheeler advised of his reasons for denial which included traffic concerns. Commissioner Bowden was opposed to the increase in density and emphasized her concerns for citrus canker. The Chairman CALLED THE QUESTION and the motion failed 2-3 (Chairman Lowther, Vice Chairman Neuberger, and Commissioner Davis opposed). ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board adopted by a 3-2 vote (Commissioners Bowden and Wheeler opposed) Ordinance No. 2005-001 amending the Zoning Ordinance and the accompanying Zoning Map for ± 9.77 acres located south January 18, 2005 13 rdth of 33 Street and approximately 1300 feet west of 66 Avenue from A-1, agricultural district (up to 1 unit/5 acres), to RS-3, single-family residential district (up to 3 th units/acre); and for ± 9.54 acres located north of 26 Street th and approximately 1300 feet west of 66 Avenue from A-1, agricultural district (up to 1 unit/5 acres) to RM-6, multiple-family residential district (up to 6 units/acre), and providing codification, severability, and effective date. The Chairman declared a brief recess at 10:36 a.m. Meeting was reconvened at 10:44 a.m. with all members present. 9.B.1. PUBLIC DISCUSSION ITEM – BRIAN HEADY REGARDING EXPENDITURE OF TAX DOLLARS Brian Heady not present when called. 9.B.2. PUBLIC DISCUSSION ITEM – JAY MCNAMARA, PRESIDENT OF BOYS & GIRLS CLUBS OF INDIAN RIVER COUNTY - PERMISSION TO USE HOLMAN STADIUM FOR A CONCERT ON APRIL 2, 2005 AND REQUEST FOR LOCATION/PROPERTY IN SOUTH COUNTY TO ESTABLISH A CLUBHOUSE Jay McNamara advised he had a two-part request. He requested the approval of the Board of County Commissioners for another concert at Holman Stadium because last year’s concert was a very successful event. They plan to hold the concert on Saturday, April 2, 2005. January 18, 2005 14 County Administrator Baird advised that Craig Callen (of the Vero Beach Dodgers) mentioned a concern because a new sound system will be installed in the stadium during that same time period. The Board also would need to address an exception for the use of alcohol for the event. Mr. McNamara stressed the need for a beer license. He noted they had one last year for the concert and they had no incidents. The Board discussed the alcohol policy for all County facilities. MOTION WAS MADE by Vice Chairman Neuberger, SECONDED by Chairman Lowther, to approve the request of Boys & Girls Clubs of Indian River County. Under discussion, Mr. McNamara responded to Commissioner Bowden about their reliance on the income from the sale of beer to ensure the financial success of their concert. Further discussion ensued on the alcohol policy and exceptions and whether or not the policy should be changed. Commissioner Bowden believed it was not a good thing to allow an exception to the alcohol policy but would vote in favor of the motion. The Chairman CALLED THE QUESTION and the motion carried unanimously. (Permission to use Holman Stadium for a concert on April 2, 2005 by Boys & Girls Clubs of Indian River County and granted an exception to the alcohol policy.) Mr. McNamara advised Mr. Ulrich would present their second request. January 18, 2005 15 Ron Ulrich advised of the years he has been associated with Boys & Girls Clubs and gave a history of the organization as well as their goals to help children and keep them occupied during the after school hours. He specified that kids who belong are less likely to get into drugs, gangs, and other problems. Mr. McNamara advised that they were coming to the County to ask for land in south county where the organization could locate a structure for a clubhouse. This has already been done in the City of Sebastian. Discussion was held as to an appropriate location, size of the property and that it should be done in cooperation with the School Board. Commissioners indicated their desire to assist in the location of a suitable property. 9.B.3. PUBLIC DISCUSSION ITEM – JOHN FLEMING CONCERNING LACK OF ADEQUATE STREET AND ADDRESS MAPS FOR THE COUNTY FIRE AND MEDICAL EMERGENCY CREWS John Fleming , 593 Cottonwood Road, Sebastian, in Collier Club Estates, complained that emergency response crews are unable to find homes in that location due to a lack of current maps. He requested the Board to authorize purchase of additional equipment or whatever is needed to help emergency crews locate addresses. He urged them to get started right away on the implementation. County Administrator Baird reported that there was an item on today’s agenda that will begin the process and called on Director King for more information Emergency Services Director John King explained the problem in the incident Mr. Fleming described and specified that the crew in that incident was experienced in that zone. He advised of the difficulties in keeping paper maps up-to-date compounded by the problems of January 18, 2005 16 changing phone numbers and cell phone numbers. He noted that on today’s agenda approval of a grant would provide the funds for lap top computers in emergency vehicles. Discussion ensued. County Administrator Baird gave assurances that all emergency groups are working in the direction of computerizing location of properties. NO ACTION REQUIRED OR TAKEN. 11.C.1. GENERAL SERVICES – TEMPORARY INCREASE IN MINIMUM BID REQUIREMENTS ASSOCIATED WITH HURRICANE RELATED PROCUREMENT OF GOODS AND SERVICES ON MOTION by Commissioner Bowden, SECONDED by Commissioner Wheeler, the Board, pursuant to the provisions of Section 105.03 of the Indian River County Code, unanimously temporarily waived the formal sealed bidding process for hurricane-related procurement of goods and services not exceeding $50,000 for a period of time through July 31, 2005, subject to the concurrence of the County Administrator and a determination of compliance with the Florida Statutes, as recommended in the memorandum of January 12, 2005. January 18, 2005 17 11.C.2. GENERAL SERVICES – SHERIFF’S OFFICE – HURRICANE-RELATED EMERGENCY REPAIRS – EMERGENCY CONTRACT WITH BARTH CONSTRUCTION – SECOND AMENDMENT ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowden, the Board unanimously supported the continued efforts to quickly repair and rehabilitate the Sheriff’s Offices and granted authorization to proceed with the work outlined in the proposal of Barth Construction in the amount of $68,454.00, as recommended in the memorandum of January 12, 2005. DOCUMENT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 11.C.3. GENERAL SERVICES – BID #7043 AWARDED TO CONE & GRAHAM, INC. - ADMINISTRATION COMPLEX ROADWAY AND BRIDGE (MAIN RELIEF CANAL) IMPROVEMENTS ON MOTION by Commissioner Bowden, SECONDED by Commissioner Wheeler, the Board unanimously awarded Bid #7043 to Cone & Graham, Inc. as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid; approved the proposed sample agreement and authorized the January 18, 2005 18 Chairman to execute said agreement when required performance and payment bonds have been submitted along with appropriate certification of insurance and the County Attorney as approved the agreement as to form and legal sufficiency, as recommended in the memorandum of January 12, 2005. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.C.4. GENERAL SERVICES – JOINT USE LIBRARY AT MUELLER CENTER INDIAN RIVER COMMUNITY COLLEGE (Clerk’s Note: See Agenda Replacement pages added with a new memorandum and a new proposed draft agreement.) ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously approved the revised agreement in substantially the form presented, with such conforming additions and modifications approved by the County Administrator and the County Attorney thus approving the proposed agreement and authorizing the depositing of the funds ($4,300,000) into a separated capital facilities matching account with the Indian River Community College Foundation, Inc., as prescribed by Florida Statutes Section January 18, 2005 19 1011.32, upon execution by all parties of the Agreement, as recommended in the memorandum of January 14, 2005. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.D. HUMAN RESOURCES – HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) POLICY, BLUE CROSS BLUE SHIELD OF FLORIDA (BCBS) ADMINISTRATIVE AGREEMENT AND CONFIDENTIALITY & INDEMNITY AGREEMENT ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved the proposed HIPAA policy and authorized the Chairman to execute the proposed Blue Cross Blue Shield of FL agreements, as recommended in the memorandum of December 20, 2005. ADDENDUM IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD CONFIDENTIALITY & INDEMNITY AGREEMENTS STILL DUE January 18, 2005 20 11.I.1. PUBLIC WORKS – COUNTY ROAD 512 PHASE V, I-95 TO TH WILLOW STREET (130 AVENUE) – MASTELLER, MOLER & REED, INC. – DESIGN/TOPOGRAPHIC SURVEY – CONTINUING PROFESSIONAL SURVEY SERVICES CONTRACT 0390 – 2004-2005 WORK ORDER NO. 3 (ENGINEERING) – IRC PROJECT NO. 0445 MOTION WAS MADE by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, to approve staff’s recommendation. Under discussion, Commissioner Davis wanted to see more aesthetically pleasing roads. Vice Chairman Neuberger pointed out the matter before them was just a survey of the area, not the design. He agreed in concept and hoped the construction would flatten the curve. Public Works Director Jim Davis confirmed that this item is for design survey only rd and does not include the design of CR-512. He noted that the 43 Avenue design had extensive design and pointed out that portions of Indian River Boulevard have been landscaped. Chairman Lowther agreed on the landscaping request. The Chairman CALLED THE QUESTION and it carried unanimously. (The Board unanimously approved the proposed Work Order No. 3 \[Engineering\] with Kimley-Horn & Associates, Inc., authorizing the above project as outlined in the proposed scope of services, and authorized the Chairman to execute the same for a lump January 18, 2005 21 sum fee of $49,930.00, as recommended in the memorandum of January 7, 2005.) WORK AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.2. PUBLIC WORKS – OSLO ROAD RIGHT-OF-WAY MAPPING TH PROJECT PHASE I, US 1 TO 27 AVENUE – KIMLEY-HORN & ASSOCIATES, INC. – CONTINUING PROFESSIONAL SURVEY SERVICES CONTRACT 0390 WORK ORDER NO. 7 (ENGINEERING) – IRC PROJECT NO. 0501 MOTION WAS MADE by Commissioner Bowden, SECONDED BY Vice Chairman Neuberger, to approve staff’s recommendation. Bob Johnson , Coral Wind Subdivision, requested the Oslo corridor be designed with the SR 60 beautification plan in mind. Public Works Director Jim Davis noted that this item is simply a design survey. The Chairman CALLED THE QUESTION and it carried unanimously. (The Board unanimously approved Work Order No. 7 with Kimley-Horn & Associates, Inc., for a lump sum fee of $43,054.00 for the above project as outlined in the scope of services, and authorized the Chairman to execute the same, as recommended in the memorandum of January 7, 2005.) January 18, 2005 22 WORK AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.3. PUBLIC WORKS – EMERGENCY CONTRACT WITH COASTAL SERVICES OF FLORIDA, LLC – REMOVAL AND DISPOSAL OF MULCH PRODUCED AT SOUTH COUNTY ST DEBRIS INTAKE SITE ON 1 STREET AND US#1 – REQUEST FOR RELEASE OF RETAINAGE ON MOTION by Commissioner Davis, SECONDED by Commissioner Bowden, the Board unanimously approved release of retainage to Coastal Services of Florida, LLC, in the amount of $21,892.20, as recommended in the memorandum of January 12, 2005. RELEASE WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 11.J.1. UTILITIES SERVICES – OPERATIONS CENTER BID # 7026 - AWARD AND APPROVAL OF CONTRACT IN FORM – SUMMIT CONSTRUCTION MANAGEMENT - PROJECT NO. UCP 2229 – WIP NO. 472-169000-03507 January 18, 2005 23 MOTION WAS MADE by Commissioner Bowden, SECONDED by Commissioner Davis, to approve staff’s recommendation. Under discussion, at the request of Commissioner Wheeler, Utilities Director Erik Olson explained the background on this building and its use. County Administrator Baird added that the old site will be used for storage. The Chairman CALLED THE QUESTION and it carried unanimously. (The Board unanimously awarded Bid #7026 and approved the change order to Summit Construction Management in the amount of $4,347,571.00 as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid and authorized the Chairman to execute the same; approved the proposed sample agreement and authorized the Chairman to execute same when required performance and payment bonds have been submitted along with appropriate certification of insurance and the County Attorney has approved the agreement as to form and legal sufficiency, all as recommended in the memorandum of January 5, 2005.) BID DOCUMENTS AND CHANGE ORDER FORM ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD January 18, 2005 24 11.J.2. UTILITIES SERVICES – WABASSO SUBAQUEOUS CROSSING – WATER, SEWER AND REUSE MAIN CROSSINGS – KIMLEY HORN & ASSOCIATES, INC. ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously authorized design, permitting and bidding of the Subaqueous Utility Crossing at the Wabasso Causeway, approved the proposed Work Order No. 4 with Kimley Horn & Associates in the amount of $215,000 to design and manage construction of said facility, and authorized the Chairman to execute the same, as recommended in the memorandum of January 12, 2005. WORK ORDER NO. 4 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD January 18, 2005 25 12.A. COUNTY ATTORNEY – APPOINTMENT OF COUNTY ADMINISTRATOR JOSEPH A. BAIRD, OR HIS DESIGNEE, AS REPRESENTATIVE TO ATTEND MEDIATION AND REPORT BACK TO BOARD WITH A SETTLEMENT RECOMMENDATION – CODE ENFORCEMENT LIENS FORECLOSURE CASE ON PROPERTY OWNED BY LEWIS BARTON, LOT 13, SURFSIDE ESTATES County Attorney Collins reviewed his memorandum of January 12, 2005. ON MOTION by Commissioner Bowden, SECONDED by Vice Chairman Neuberger, the Board unanimously appointed County Administrator Baird, or his designee, as the County’s representative at the mediation to negotiate on behalf of the Board and recommend settlement to the Board, as recommended in the memorandum of January 12, 2005. 12.B. COUNTY ATTORNEY – ATTORNEY-CLIENT SESSION TO DISCUSS SETTLEMENT PROPOSALS – MGD DEVELOPMENT OF FLORIDA, II, LLC V. INDIAN RIVER COUNTY AND THE JEANETTE M. LIER TRUST, ET AL. V. INDIAN RIVER COUNTY PROOF OF PUBLICATION OF ADVERTISEMENT FOR ATTORNEY-CLIENT SESSION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD January 18, 2005 26 County Attorney Collins reviewed his memorandum and Chairman Lowther read the legal notice into the record. The meeting was recessed at 11:38 a.m. for the attorney-client session; all non-essential staff and the public cleared the Chambers. The Chairman reconvened the meeting at 12:03 p.m. 13.A. CHAIRMAN THOMAS S. LOWTHER – PLANNING AND ZONING (P & Z) MEMBER AT LARGE APPOINTMENT – (GEORGE GROSS RE-APPOINTED) Chairman Lowther called attention to the fact that there was a tied vote on two candidates for this position (see memorandum of January 12, 2005 and backup). Commissioner Wheeler NOMINATED Linda Bolton, Commissioner Bowden SECONDED the nomination for the Member-at-Large appointment to the P & Z. Under discussion, Vice Chairman Neuberger indicated his preference for George Gross who has served the County well on the P & Z and is a long-time resident. He noted that Ms. Bolton is a new resident to Indian River County of only 17 months. Commissioner Wheeler supported his nomination because of the advantage of having someone who lived through the growth in another jurisdiction. Although the newspaper stated differently, she was not recruited but submitted a letter of interest in serving. January 18, 2005 27 Commissioner Davis considered both very qualified individuals but noted that Mr. Gross’ attendance at the P & Z meetings has been perfect. Commissioner Bowden thanked Mr. Gross for his service to this community and the P&Z but she favored Ms. Bolton’s nomination just to have a second woman on P & Z. Chairman Lowther indicated his support for Mr. Gross. The Chairman CALLED THE QUESTION and the nomination of Linda Bolton failed 2-3 (Commissioners Davis, Lowther and Neuberger opposed). Vice Chairman Neuberger NOMINATED George Gross for re-appointment to the P & Z, SECONDED by Commissioner Davis, and the vote was unanimous (5-0). 13.F. COMMITTEE APPOINTMENTS AND RE-APPOINTMENTS FOR 2005 It was explained that these are the combined Commissioners’ annual reappointments instead of taking them one-by-one. Commissioner Wheeler preferred to leave the status quo. The Board could evaluate and eliminate any committees that are not needed. He wanted to see each committee have a sunset clause re-evaluated every 5 years or so, except for the mandated committees. Commissioner Davis agreed that a committee must serve a beneficial purpose and justify the time needed for the members of that committee. Chairman Lowther agreed and pointed out that MANWAC (Marine Advisory Narrows Watershed Action Committee) has not met 6-8 months because there has been nothing for the committee to consider. January 18, 2005 28 Commissioner Wheeler suggested the staff do the evaluation objectively. ON MOTION by Commissioner Bowden, SECONDED by Commissioner Wheeler, approved the list of members up for re-appointment and to seek replacements for those positions marked “vacant” on the proposed list, as recommended in the memorandum of January 10, 2005. January 18, 2005 29 14.A. EMERGENCY SERVICES DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes are being prepared separately and is appended to this document. 14.A.1.FY2004/05EMSCAG–P OUNTY WARDS RANT URCHASE OF C/OEUN-MEMS APITALPERATING QUIPMENT SING ONATCHING GFGR RANT UNDS AND RANT ESOLUTION 14.A.2.APT(2)RFT PPROVAL TO URCHASE WO EPLACEMENT IRE RUCKS PM,I. FROM IERCE ANUFACTURING NC 14.A.3.APRFT PPROVAL TO URCHASE A EPLACEMENT ORD YPE III AWCI,I. MBULANCE FROM HEELED OACH NDUSTRIES NC 14.A.4.AAFG CCEPTANCE OF SSISTANCE TO IREFIGHTERS RANT FAE UNDING AND PPROVAL OF XPENDITURES 14.B. SOLID WASTE DISPOSAL DISTRICT None. January 18, 2005 30 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 12:13 p.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman Minutes Approved: _________________ BCC/PR/2004 Minutes January 18, 2005 31