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Home My WebLink About11/23/2004 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF NOVEMBER 23, 2004 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 ....................................... 3 6.APPROVAL OF MINUTES ........................................................................ 3 7.CONSENT AGENDA ................................................................................... 3 7.A.R .......................................................................................................................3 EPORT 7.B.R .......................................................................................................................4 EPORT 7.C.R .......................................................................................................................4 EPORT 7.D.AW ...........................................................................................4 PPROVAL OF ARRANTS 7.E.REWPZ(P&Z) ESIGNATION OF UGENE INNE FROM THE LANNING AND ONING C ...............................................................................................................4 OMMISSION November 23, 2004 1 7.F.RBMBS ESIGNATION OF ETH ITCHELL FROM THE EACH AND HORE PACABA RESERVATION DVISORY OMMITTEE AND PPOINTMENT OF OB NDERSON BSPAC ........................5 TO THE EACH AND HORE RESERVATION DVISORY OMMITTEE 7.G.AMPOC PPOINTMENT TO ETROPOLITAN LANNING RGANIZATION ITIZENS AC(MPOCAC)CF–C DVISORY OMMITTEE BY THE ITY OF ELLSMERE LARENCE KRMC ....................................................................6 ORKER TO EPLACE URIEL ONWAY 7.H.RRMAJH.B(C ESIGNATION OF ANDY OSBY AND PPOINTMENT OF OHN LUM IVIL EA)PSA NGINEER PPOINTEE TO THE ROFESSIONAL ERVICES DVISORY C(PSAC) ...................................................................................................6 OMMITTEE 7.I.R2004ACVBV EVISED PPOINTMENTS FOR THE ITY OF ERO EACH TO ARIOUS C ..............................................................................................................7 OMMITTEES 7.J.O--CTCB,D UTOFOUNTY RAVEL FOR OMMISSIONERS OWDEN AVIS AND W–CVCP ....................7 HEELER OMMISSIONERS OLUNTARY ERTIFICATION ROGRAM 7.K.FALAIRC–F UNDING GREEMENT FOR EGAL ID IN NDIAN IVER OUNTY LORIDA RLSI. .....................................................................................7 URAL EGAL ERVICES NC 7.L.UCDJJ(DJJ) PDATE TO OMMISSION OF THE EPARTMENT OF UVENILE USTICE L–CR.....................................................................................8 ITIGATION OURT ULING 7.M.HSIRCLS ........................9 OLIDAY CHEDULE FOR NDIAN IVER OUNTY IBRARY YSTEM 7.N.RN.2004-138–MBA001.............9 ESOLUTION O ISCELLANEOUS UDGET MENDMENT 7.O.RFPN.7019-SGC-GCLP O ANDRIDGE OLF LUB OLF ARS AND EASE URCHASE A–CC–CCCC...................9 GREEMENT LUB AR ITIAPITAL OMMERCIAL ORPORATION 7.P.VIP–O-YECS ERO SLAND ROPERTIES NEEAR XTENSION OF ONDITIONAL ITE PARP .................................................................. 10 LAN PPROVAL FOR IVER RESERVE 7.Q.RC-ORC8S TH ENTAL OF OUNTYWNED ESIDENCE AT THE ORNER OF TREET AND 27A–AASB ............................. 11 TH VENUE UTHORIZED DVERTISING FOR EALED IDS 7.R.B#7008-ABRSM–D ID NNUAL ID FOR OAD TABILIZATION ATERIAL ICKERSON F,I.–PW-RBD ...................... 11 OF LORIDA NC UBLIC ORKS OAD AND RIDGE IVISION 7.S.B#7010–ABCB–AC ID NNUAL ID FOR ATCH ASINS MERICAN ONCRETE I,I.-PW–RBD ....................... 12 NDUSTRIES NC UBLIC ORKS OAD AND RIDGE IVISION 7.T.LAAC–RC.C.“B” AND CQUISITION DVISORY OMMITTEE ESIGNATION OF UD KAJO-RS LECKNER AND PPOINTMENT OF UDY RCUTT EPRESENTING THE IERRA C ........................................................................................................................ 13 LUB November 23, 2004 2 8.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES .................................................................................................. 13 9.A.PUBLIC HEARING .................................................................................... 13 9.B.1.PUBLIC DISCUSSION ITEM – CAROLINE GINN REGARDING CLARIFICATION OF NOVEMBER 15, 2004 MEMO TO THE COMMISSION ............................................................................................ 14 9.B.2.PUBLIC DISCUSSION ITEM – ADRIENE CUFFE REGARDING THE FUTURE OF OUR COUNTY UNDER ITS NEW LEADERSHIP ............................................................................................. 14 9.B.3.PUBLIC DISCUSSION ITEM – FRANK L. ZORC REGARDING TAXPAYER OPPORTUNITY FOR COMMENTS WHEN HE IS NOT ON THE PRINTED AGENDA AND/OR GROWTH ISSUE ..... 14 9.C.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON DECEMBER 7, 2004 ....................................................... 15 HO.PI.EF.N:R±37.94 ENRY ARMAN NC AND VELYN EVILLE EQUEST TO REZONE 8SI95 TH ACRES LOCATED NORTH OF TREET AND WEST OF NTERSTATE FROM A-1,AD(1/5),RM-6M GRICULTURAL ISTRICT UP TO UNIT ACRES TO ULTIPLE FRD(6/).HO.P AMILY ESIDENTIAL ISTRICT UP TO UNITSACRE ENRY ARMAN I.EF.N,O.WCG/NS,A ........... 15 NC AND VELYN EVILLE WNERS EEL CHAFFER GENT 10.COUNTY ADMINISTRATOR’S MATTERS – BONUS FOR EXEMPT PERSONNEL FOR ADDITIONAL HOURS DUE TO HURRICANES FRANCES AND JEANNE - TOTAL EXEMPT EMPLOYEE OVERTIME COSTS BY FUND ....................................... 15 November 23, 2004 3 11.A.COMMUNITY DEVELOPMENT ........................................................... 17 11.B.EMERGENCY SERVICES – DISASTER RELIEF FUNDING AGREEMENT FROM HURRICANE JEANNE – STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS – FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) ..... 17 11.C.GENERAL SERVICES .............................................................................. 18 11.D.HUMAN RESOURCES .............................................................................. 18 11.E.HUMAN SERVICES .................................................................................. 19 11.F.LEISURE SERVICES ................................................................................ 19 11.G.OFFICE OF MANAGEMENT AND BUDGET ..................................... 19 11.H.RECREATION ............................................................................................ 19 11.I.1.PUBLIC WORKS – NORTH COUNTY REGIONAL PARK, PHASE II, - BARTH CONSTRUCTION, INC. - CHANGE ORDER NO. 2 - IRC PROJECT NO. 0399 – .......................................... 19 11.I.2.PUBLIC WORKS – EAST ROSELAND STORMWATER IMPROVEMENT PROJECT – STORMWATER MANAGEMENT COST-SHARING PROGRAM– ST. JOHNS RIVER WATER MANAGEMENT DISTRICT – THIRD AMENDMENT ............................................................................................ 20 November 23, 2004 4 11.I.3.PUBLIC WORKS – EAST ROSELAND STORMWATER IMPROVEMENT PROJECT – CARTER ASSOCIATES, INC. - WORK ORDER #11 ................................................................................... 20 TH 11.I.4.PUBLIC WORKS – KINGS HIGHWAY EXTENSION (58 TH AVENUE) SOUTH, PHASE I OSLO ROAD THROUGH S.W. 17 STREET IRC PROJECT NO. 0446 – KIMLEY-HORN & ASSOCIATES, INC. - ENGINEERING DESIGN SURVEY – CONTINUING PROFESSIONAL SURVEY SERVICES CONTRACT 0390 WORK ORDER NO. 6 – ENGINEERING ............ 21 11.I.5.PUBLIC WORKS – SOUTH COUNTY PARK RECREATION MULTI-PURPOSE BUILDING (RFP 6092) DESIGN/BUILD CONTRACT – RANK ORDER – (FIRST RANKED FIRM - PPI CONSTRUCTION MANAGEMENT, INC.) .......................................... 22 11.J.1.UTILITIES SERVICES – RESOLUTION NOS. 2004-139 AND 2004-140 – HAEGER HIGHLANDS SUBDIVISION PETITION THTH WATER SERVICE – 10 AVENUE SOUTH OF 4 STREET - INDIAN RIVER COUNTY PROJECT NO. UCP-2468 – RESOLUTION NOS. I AND II ................................................................. 24 11.J.2.UTILITIES SERVICES – MASSEY ROAD WATER MAIN ALONG THE EAST SIDE OF MASSEY ROAD – WILLIAM BALLOUGH - DEVELOPER’S AGREEMENT FOR CONSTRUCTION OF OFFSITE WATER MAIN ................................ 25 11.J.3.UTILITIES SERVICES – CRYSTAL SANDS SUBDIVISION – THTH PETITION WATER SERVICE – 47 AND 48 PLACE AND TH 48 STREET – PROCEED WITH DESIGN ENGINEERING November 23, 2004 5 AND AWARD CONTRACT FOR SERVICES - INDIAN RIVER COUNTY PROJECT NO. UCP-2507 ....................................................... 25 12.COUNTY ATTORNEY .............................................................................. 26 13.A.CHAIRMAN ARTHUR R. NEUBERGER.............................................. 26 13.B.COMMISSIONER SANDRA L. BOWDEN ............................................ 26 13.C.COMMISSIONER WESLEY S. DAVIS .................................................. 26 13.D.COMMISSIONER THOMAS S. LOWTHER ........................................ 26 13.E.COMMISSIONER GARY C. WHEELER .............................................. 26 DOCUMENTS MADE PART OF THE RECORD...................................................... 27 CBMP–#327FJV–S ITRUS EST ANAGEMENT RACTICES ELLSMERE OINT ENTURE UN A ............................................................................................................................ 27 G S’O911C–AR–FA HERIFFS FFICE ENTER DDITIONAL EPAIRS IRST MENDMENT TO EC-BC,I. ......................................... 27 MERGENCY ONTRACT ARTH ONSTRUCTION NC 14.A.EMERGENCY SERVICES DISTRICT .................................................. 27 14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 27 14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 27 November 23, 2004 6 November 23, 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, November 23, 2004, at 9:00 a.m. Present were Arthur R. Neuberger, Chairman and Commissioners Sandra L. Bowden, Wesley S. Davis, Thomas S. Lowther and Gary C. Wheeler. Also present were Joseph A. 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 Vice Chairman Neuberger called the meeting to order. 2. INVOCATION Public Works Director James Davis delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Wesley S. Davis led the Pledge of Allegiance to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Neuberger advised the following changes to today’s Agenda: November 23, 2004 1 Item 7.F., Replacement page 9 – Resignation of Beth Mitchell and Appointment of Bob Anderson to the Beach and Shore Preservation Advisory Committee; Item 7.H., Correction – Steve Blum corrected to John Blum; Item 7.M., Correction – Date Correction on New Year’s Day holiday for both Libraries; Item 7.T., Addition – Resignation of C. C. “Bud” Kleckner and Appointment of Judy Orcutt to the Land Acquisition Advisory Committee; Item 9.B.1., Deferral – Caroline Ginn requested her item be deferred; Item 13.A., Addition - Cancellation of the December 21, 2004 regularly scheduled BCC meeting. MOTION WAS MADE by Commissioner Bowden, SECONDED by Commissioner Lowther, to approve the requested changes to the Agenda. Under discussion, Commissioner Wheeler asked that 13.A. be considered at the next meeting to refrain from last-minute add-ons except for emergencies. Discussion ensued. It was determined there would be enough time to advertise if consideration of this matter is put on their next meeting’s agenda and if the decision is made to cancel that meeting. Four Commissioners indicated they favored canceling the December 21 meeting. The Chairman CALLED THE QUESTION and the motion failed 4-1 (Commissioner Wheeler opposed). (Clerk’s Note: County Attorney Collins stated that changes to the agenda require a unanimous vote.) Vice Chairman Neuberger stated it would be added to the next agenda. November 23, 2004 2 ON MOTION by Commissioner Davis, SECONDED by Commissioner Lowther, the Board unanimously approved all requested changes to the agenda except 13.A. 5. PROCLAMATIONS AND PRESENTATIONS None. 6. APPROVAL OF MINUTES None. 7. CONSENT AGENDA The following items were separated from the Consent Agenda: 7.B. by Commissioner Bowden; 7.L. by Commissioner Lowther; and 7.P. by Commissioner Davis. 7.A. R EPORT The following report has been received and is on file in the office of the Clerk to the Board: St. Johns River Water Management District Five-Year Capital Improvements Plan and Water Resource Development Work Program November 23, 2004 3 7.B. R EPORT The following report has been received and is on file in the office of the Clerk to the Board: Florida Municipal Power Agency (FMPA) – Copy of amendments to the Interlocal Agreement to which City of Vero Beach is a party. 7.C. R EPORT The following report has been received and is on file in the office of the Clerk to the Board: Florida Municipal Power Agency Amendments to the Interlocal Agreement and Resolution 2004-B12. 7.D. AW PPROVAL OF ARRANTS ON MOTION by Commissioner Lowther, SECONDED by Commissioner Davis, the Board unanimously approved the list of warrants issued by the Clerk to the Board for the period of November 5-10, 2004, as recommended in the memorandum of November 10, 2004. 7.E. REWP ESIGNATION OF UGENE INNE FROM THE LANNING AND Z(P&Z)C ONING OMMISSION November 23, 2004 4 ON MOTION by Commissioner Lowther, SECONDED by Commissioner Davis, the Board unanimously accepted the resignation of Eugene Winne from the Planning & Zoning Commission, as stated in the memorandum of November 10, 2004. 7.F. RBMBS ESIGNATION OF ETH ITCHELL FROM THE EACH AND HORE PACAB RESERVATION DVISORY OMMITTEE AND PPOINTMENT OF OB ABSPA NDERSON TO THE EACH AND HORE RESERVATION DVISORY C OMMITTEE Commissioner Bowden separated this item for clarification on the procedure for the Commission’s appointments to boards and committees. She asked if a résumé and interview is part of the process. She wanted to see a résumé and have a conversation with the person being considered for appointment. She wanted everyone who wants to serve have an opportunity and thought it prudent to know the person who is being appointed. In this instance she happened to know Mr. Anderson. Vice Chairman Neuberger advised that it has been difficult to find people willing to serve on the County’s committees. Generally a person will indicate their interest in serving on a committee and submit a résumé. When there is an opening on that committee it will be placed on the Board’s agenda along with the name and résumé of those interested in serving. The Commission has the opportunity to review the résumés and contact the persons if they wish to speak with the applicants. November 23, 2004 5 It was pointed out that three votes in opposition would reject an applicant. It was also established that the new Commissioners are welcome to look through the file of résumés in the Board office. Commissioner Bowden was satisfied with the fact that résumés are received and there is an opportunity to contact the applicants. ON MOTION by Commissioner Bowden, SECONDED by Commissioner Lowther, the Board unanimously accepted the resignation from Beth Mitchell and appointed Bob Anderson to the Beach and Shore Preservation Advisory Committee, as stated in the replacement memorandum of November 22, 2004. 7.G. AMPO PPOINTMENT TO ETROPOLITAN LANNING RGANIZATION CAC(MPOCAC)C ITIZENS DVISORY OMMITTEE BY THE ITY OF F–CKRMC ELLSMERE LARENCE ORKER TO EPLACE URIEL ONWAY NO ACTION REQUIRED; FOR INFORMATION ONLY. 7.H. RRMAJH. ESIGNATION OF ANDY OSBY AND PPOINTMENT OF OHN B(CEA)P LUM IVIL NGINEER PPOINTEE TO THE ROFESSIONAL SAC(PSAC) ERVICES DVISORY OMMITTEE ON MOTION by Commissioner Lowther, SECONDED by Commissioner Davis, the Board unanimously accepted the resignation of Randy Mosby and approved the appointment November 23, 2004 6 of John H. Blum as the Civil Engineer Appointee to the Professional Services Advisory Committee, as recommended in the memorandum of November 16, 2004. 7.I. R2004ACVB EVISED PPOINTMENTS FOR THE ITY OF ERO EACH TO VC ARIOUS OMMITTEES NO ACTION REQUIRED; FOR INFORMATION ONLY. 7.J. O--CTCB,D UTOFOUNTY RAVEL FOR OMMISSIONERS OWDEN AVIS W–CVC AND HEELER OMMISSIONERS OLUNTARY ERTIFICATION P ROGRAM ON MOTION by Commissioner Lowther, SECONDED by Commissioner Davis, the Board unanimously approved out-of-county travel for Commissioners Bowden, Davis, and Wheeler to attend the New Commissioners Workshop, as recommended in the memorandum of November 16, 2004. 7.K. FALAIRC– UNDING GREEMENT FOR EGAL ID IN NDIAN IVER OUNTY FRLSI. LORIDA URAL EGAL ERVICES NC ON MOTION by Commissioner Lowther, SECONDED by Commissioner Davis, the Board unanimously approved the November 23, 2004 7 funding agreement for legal aid with Florida Rural Legal Services, Inc., as recommended in the memorandum of November 9, 2004. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.L. UCDJ PDATE TO OMMISSION OF THE EPARTMENT OF UVENILE J(DJJ)L–CR USTICE ITIGATION OURT ULING In response to Commissioner Lowther’s request, County Attorney Collins explained the history of this matter from the passage of the Article V amendment to the Constitution that shifted some of the court costs from the counties to the state. Last year, the Legislature made the counties responsible for funding the pre-detention housing of arrested juveniles. Since that legislation was not passed by a two-thirds vote of the Legislature as required by the Constitution, it is considered an “unfunded mandate”. Fifteen counties along with the Florida Association of Counties sued; the judge in the case issued a ruling that the law was unconstitutional, enjoined the DJJ from enforcing the law, and enjoined the Chief Financial Officer (Tom Gallagher) from garnishing county monies. We don’t know yet what further steps will be taken, whether there will be an appeal or whether the Legislature will try to achieve the super majority, but at this point the County has won the case. The original estimate of cost to the County was about $300,000 for this pre-detention housing of juveniles in the correctional system. It was a very clear victory. MOTION WAS MADE by Commissioner Lowther, SECONDED by Commissioner Davis, the Board unanimously accepted the update. November 23, 2004 8 7.M. HSIRCLS OLIDAY CHEDULE FOR NDIAN IVER OUNTY IBRARY YSTEM ON MOTION by Commissioner Lowther, SECONDED by Commissioner Davis, the Board unanimously approved staff’s recommendation for Thanksgiving, Christmas, and New Year’s Day holidays for the Libraries, as recommended in the memorandum of November 16, 2004 and as amended by the memorandum of November 18, 2004. 7.N. RN.2004-138–MB ESOLUTION O ISCELLANEOUS UDGET A001 MENDMENT ON MOTION by Commissioner Lowther, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution No. 2004-138 amending the fiscal year 2004-2005 budget. 7.O. RFPN.7019-SGC-GCL O ANDRIDGE OLF LUB OLF ARS AND EASE PA–CC–CCC URCHASE GREEMENT LUB AR ITIAPITAL OMMERCIAL C ORPORATION ON MOTION by Commissioner Lowther, SECONDED by Commissioner Davis, the Board unanimously approved the lease/purchase proposal from Club Car for a fleet of 154 gas golf cars, a gasoline range car and a gasoline beverage November 23, 2004 9 car; and authorized the Chairman to sign the Equipment Lease Purchase Agreement in substantially the form presented after the changes to the payment schedule have been received and approved by both the Office of Management and Budget and the County Attorney’s office, as recommended in the memorandum of November 15, 2004. DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.P. VIP–O-YE ERO SLAND ROPERTIES NEEAR XTENSION OF CSPARP ONDITIONAL ITE LAN PPROVAL FOR IVER RESERVE Commissioner Davis asked this to be separated from the Consent Agenda to bring the development into compliance with the new LDRs with respect to walls. Planning Division Director Stan Boling reviewed the map from Page 71 on the overhead and explained they are using landscape berms not walls for the opaque feature areas. Staff saw no conflict with any of the LDRs. ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously granted Vero Island Properties’ request for a one-year extension of the conditional site plan approval with all the original approval conditions to remain in effect, as recommended in the memorandum of November 15, 2004. (The new site plan approval expiration date will be October 9, 2005.) November 23, 2004 10 7.Q. RC-ORC8 TH ENTAL OF OUNTYWNED ESIDENCE AT THE ORNER OF S27A–AA TH TREET AND VENUE UTHORIZED DVERTISING FOR SB EALED IDS ON MOTION by Commissioner Lowther, SECONDED by Commissioner Davis, the Board unanimously authorized staff to advertise a request for sealed bids on the lease of the home with a minimum bid of not less than $550.00 per month with a damage deposit equivalent of one month’s rent with rent payable in advance, as recommended in the memorandum of November 16, 2004. 7.R. B#7008-ABRSM– ID NNUAL ID FOR OAD TABILIZATION ATERIAL DF,I.–PW-R ICKERSON OF LORIDA NC UBLIC ORKS OAD AND BD RIDGE IVISION ON MOTION by Commissioner Lowther, SECONDED by Commissioner Davis, the Board unanimously awarded Bid #7008 Items 6 thru 10 (road stabilization material) to Dickerson of Florida, Inc. as the sole most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid; established an open-end contract for the period of November 1, 2004 through September 30, 2005 with Dickerson of Florida, Inc., and authorized the Purchasing Manager to renew this contract for two (2) November 23, 2004 11 additional one (1) year periods subject to satisfactory performance, zero cost increase, vendor acceptance and the determination that renewal of this annual contract is in the best interest of the County, as recommended in the memorandum of November 10, 2004. (Note: Items 1-5 could not be bid this year because marl material is neither available from the prior provider, Blackhawk Quarry Co. of Florida, nor Dickerson.) DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 7.S. B#7010–ABCB–A ID NNUAL ID FOR ATCH ASINS MERICAN CI,I.-PW–RB ONCRETE NDUSTRIES NC UBLIC ORKS OAD AND RIDGE D IVISION ON MOTION by Commissioner Lowther, SECONDED by Commissioner Davis, the Board unanimously awarded Bid #7010 to American Concrete Industries, Inc. as the sole responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid; established an open-end contract for the period October 1, 2004 through September 30, 2005, with the recommended bidder; and authorized the Purchasing Manager to renew this contract for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, November 23, 2004 12 bidder acceptance and the determination that renewal of this annual contract is in the best interest of Indian River County, as recommended in the memorandum of November 10, 2004. 7.T. LAAC–RC.C. AND CQUISITION DVISORY OMMITTEE ESIGNATION OF “B”KAJO- UD LECKNER AND PPOINTMENT OF UDY RCUTT RSC EPRESENTING THE IERRA LUB ON MOTION by Commissioner Lowther, SECONDED by Commissioner Davis, the Board unanimously accepted the resignation of C.C. “Bud” Kleckner and appointed Judy Orcutt to the Land Acquisition Advisory Committee as the representative of the Sierra Club, as set out in the memorandum of November 22, 2004, 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None. 9.A. PUBLIC HEARING None. November 23, 2004 13 9.B.1. PUBLIC DISCUSSION ITEM – CAROLINE GINN REGARDING CLARIFICATION OF NOVEMBER 15, 2004 MEMO TO THE COMMISSION This item deferred to December 7, 2004, as requested by former Chairman Ginn. 9.B.2. PUBLIC DISCUSSION ITEM – ADRIENE CUFFE REGARDING THE FUTURE OF OUR COUNTY UNDER ITS NEW LEADERSHIP Adriene Cuffe called attention to the fact that she was appearing in her work clothes because she is an independent contractor and is not paid when she takes time to appear before the Board. When something matters to her she appears before the Board to state her opinions. She welcomed the new Commissioners and asked that they please work together because the county is depending on them. She stressed that business owners have the opportunity to come to these meetings but the working people simply cannot take off work to come to address their Commissioners. She asked them to not be good politicians, but to be good Commissioners and not to let the workers down. She also asked them to be informed before making their decisions and to be thorough and cognizant of the repercussions of their actions. NO ACTION REQUIRED OR TAKEN. 9.B.3. PUBLIC DISCUSSION ITEM – FRANK L. ZORC REGARDING TAXPAYER OPPORTUNITY FOR COMMENTS WHEN HE IS NOT ON THE PRINTED AGENDA AND/OR GROWTH ISSUE November 23, 2004 14 th Frank Zorc , 1695 20 Avenue, commended the Commissioners on their action at their last meeting to move to a moratorium. He contrasted the current large number of homes being built by developers annually to the four (4) per year he was building. He suggested the Commissioners direct staff or the County Attorney to contact other counties to learn of their efforts in controlling growth. He believed that more roads encourage growth and suggested they need not worry about the banks here. NO ACTION REQUIRED OR TAKEN. 9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON DECEMBER 7, 2004 HO.PI.EF.N:R ENRY ARMAN NC AND VELYN EVILLE EQUEST TO REZONE ±37.948S TH ACRES LOCATED NORTH OF TREET AND WEST OF I95A-1,AD(1 NTERSTATE FROM GRICULTURAL ISTRICT UP TO /5),RM-6MFR UNIT ACRES TO ULTIPLE AMILY ESIDENTIAL D(6/).HO.PI. ISTRICT UP TO UNITSACRE ENRY ARMAN NC AND EF.N,O.WCG/NS,A VELYN EVILLE WNERS EEL CHAFFER GENT The Chairman read the notice into the record. 10. COUNTY ADMINISTRATOR’S MATTERS – BONUS FOR EXEMPT PERSONNEL FOR ADDITIONAL HOURS DUE TO HURRICANES FRANCES AND JEANNE - TOTAL EXEMPT EMPLOYEE OVERTIME COSTS BY FUND November 23, 2004 15 County Administrator Baird reviewed his memo about the exempt employees who put in countless hours because of the two recent hurricanes. He advised the amounts surrounding counties and municipalities are compensating their exempt employees. He pointed out that back-to-back hurricanes are not normal and that he had thought long and hard about his recommendation to pay a $1,500 bonus from contingency funds to 81 exempt employees who each had worked in excess of 20 hours. He noted that many of them had worked as many as 312 hours beyond their normally scheduled hours. He asked the Commissioners to please consider the proposal to compensate them with this bonus for their hard work and dedication. He had tried to balance his recommendation with what will be a difficult financial year. He reviewed the funds from which the dollars would come. He thought this to be a very conservative plan and was almost sure it will not be reimbursed by FEMA. While he philosophically disagreed, Commissioner Wheeler pointed out that this was a unique situation with two hurricanes back-to-back. He commended County Administrator Baird for this recommendation for those employees for going above and beyond to help the county. MOTION WAS MADE BY Commissioner Wheeler, SECONDED by Commissioner Lowther, to approve the recommendation and funding sources. Commissioner Lowther echoed Commissioner Wheeler’s comments and added that Indian River County is way ahead of other counties in storm recovery. Commissioner Bowden believed our employees were exceptional and commended County Administrator Baird for his conservative plan. She gave his recommendation her full support, thanked the employees, and wished them a happy Thanksgiving. Commissioner Davis agreed we have endured an extreme and unusual event and that staff had done a good job. However, he was looking out for the people who pay the taxes and for that reason he would not support the motion. November 23, 2004 16 Vice Chairman Neuberger understood the comments against but pointed out these employees could have been at home taking care of their own homes. They will not be paid for their hours, but a $1,500 bonus is not too much. Commissioner Wheeler pointed out that County Administrator Baird was exempting himself from this bonus. (Clerk’s Note: County Attorney Collins and Administrative Aide Massung were also exempt from the bonus.) The Chairman CALLED THE QUESTION and the Board unanimously approved by a vote of 4-1 (Commissioner Davis opposed) compensating employees as set forth in the memorandum from contingency funds in the approximate total amount of $101,478.49 (includes benefits), as recommended in the memorandum of October 21, 2004. 11.A. COMMUNITY DEVELOPMENT None. 11.B. EMERGENCY SERVICES – DISASTER RELIEF FUNDING AGREEMENT FROM HURRICANE JEANNE – STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS – FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) Emergency Services Director John King reviewed his memorandum. November 23, 2004 17 ON MOTION by Commissioner Davis, SECONDED by Commissioner Bowden, the Board unanimously approved the proposed Disaster Relief Funding Agreement and authorized the Chairman to sign all the documents associated with the agreement, as recommended in the memorandum of November 15, 2004. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.C. GENERAL SERVICES None. 11.D. HUMAN RESOURCES None. November 23, 2004 18 11.E. HUMAN SERVICES None. 11.F. LEISURE SERVICES None. 11.G. OFFICE OF MANAGEMENT AND BUDGET None. 11.H. RECREATION None. 11.I.1. PUBLIC WORKS – NORTH COUNTY REGIONAL PARK, PHASE II, - BARTH CONSTRUCTION, INC. - CHANGE ORDER NO. 2 - IRC PROJECT NO. 0399 – ON MOTION by Commissioner Lowther, SECONDED by Vice Chairman Neuberger, the Board unanimously approved Change Order No. 2 to the contract with Barth Construction, Inc. for an increase to the contract of $11,709.18, and directed the Chairman to execute same, as recommended in the memorandum of November 15, 2004. November 23, 2004 19 CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.2. PUBLIC WORKS – EAST ROSELAND STORMWATER IMPROVEMENT PROJECT – STORMWATER MANAGEMENT COST-SHARING PROGRAM– ST. JOHNS RIVER WATER MANAGEMENT DISTRICT – THIRD AMENDMENT ON MOTION by Commissioner Lowther, SECONDED by Commissioner Wheeler, the Board unanimously ratified the Third Amendment to the Stormwater Management Cost-Share Agreement, Contract No. 99H235, with St. Johns River Water Management District, as recommended in the memorandum of November 9, 2004. AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.3. PUBLIC WORKS – EAST ROSELAND STORMWATER IMPROVEMENT PROJECT – CARTER ASSOCIATES, INC. - WORK ORDER #11 ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved Work Order No. 11 with Carter Associates, Inc. and November 23, 2004 20 authorized the Chairman to sign same, as recommended in the memorandum of November 10, 2004. AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD TH 11.I.4. PUBLIC WORKS – KINGS HIGHWAY EXTENSION (58 AVENUE) SOUTH, PHASE I OSLO ROAD THROUGH S.W. TH 17 STREET IRC PROJECT NO. 0446 – KIMLEY-HORN & ASSOCIATES, INC. - ENGINEERING DESIGN SURVEY – CONTINUING PROFESSIONAL SURVEY SERVICES CONTRACT 0390 WORK ORDER NO. 6 – ENGINEERING ON MOTION by Commissioner Lowther, SECONDED by Commissioner Davis, the Board unanimously approved Work Order No. 6 with Kimley-Horn & Associates, Inc., authorizing the project as outlined in the scope of services, and authorized the Chairman to execute the same, as recommended in the memorandum of November 9, 2004. WORK ORDER WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED November 23, 2004 21 11.I.5. PUBLIC WORKS – SOUTH COUNTY PARK RECREATION MULTI-PURPOSE BUILDING (RFP 6092) DESIGN/BUILD CONTRACT – RANK ORDER – (FIRST RANKED FIRM - PPI CONSTRUCTION MANAGEMENT, INC.) MOTION WAS MADE by Commissioner Davis, SECONDED by Commissioner Lowther, to approve staff’s recommendation. Under discussion and in response to Commissioner Wheeler’s question, Director Davis explained that funding was authorized previously for a South County Park building to be Consultants Competitive funded from the one-cent sales tax program and the CCNA ( Negotiations Act) process has been completed. The Board’s action today would approve the Selection Committee’s ranking of the design/build consultants and authorize staff to commence negotiations with the first-ranked firm. In response to Commissioner Wheeler’s inquiry as to the cost of this new building, County Administrator Baird advised that the amount budgeted for this project was $2.3 million for a 16,000 square foot building. If the building is “hardened” (for hurricanes) and enlarged for use as a hurricane shelter, staff would come back to the Board for approval for an increase in funding for the enhanced project. Commissioner Bowden inquired if any State money would be available if the building is “hardened”, and County Administrator Baird replied that staff would apply for a grant but there is no guarantee it would be approved. Commissioner Lowther pointed out that a lot of growth is occurring in the south county area so this building should not be under-built. November 23, 2004 22 Commissioner Davis understood the need but wondered if this is the right time to put another million into the project. He did not mind if the size is increased or if the building is “hardened” but perhaps it would be better for the following fiscal year. County Administrator Baird pointed out that we are just picking the design/build contractor at this time; we will be in a better position down the road to know the financial state of the County and be able to make a more informed decision. Commissioner Wheeler was only familiar with the concept for this building, and nd wanted time to take a hard look at this. He suggested they table this matter to the 2 meeting in th December (December 14 at 6 p.m.) in order to give the 3 new Commissioners time to study it. Discussion ensued about the process and whether or not a delay would cause a problem in the process. County Administrator Baird advised they could proceed with approval of this item and negotiate the original plan and get an estimate for the additional work. Director Davis reminded the Commissioners of the need for an “after-the-storm shelter” and that it is prudent to create a facility for that purpose so school children can get back in their routine as soon after a storm as possible. nd Commissioner Wheeler restated his position: to wait until the 2 meeting in December. Commissioners Davis and Lowther withdrew their motion and second. ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously tabled this ndth matter to the 2 meeting in December. (December 14 at 6 p.m.) November 23, 2004 23 11.J.1. UTILITIES SERVICES – RESOLUTION NOS. 2004-139 AND 2004-140 – HAEGER HIGHLANDS SUBDIVISION PETITION THTH WATER SERVICE – 10 AVENUE SOUTH OF 4 STREET - INDIAN RIVER COUNTY PROJECT NO. UCP-2468 – RESOLUTION NOS. I AND II ON MOTION by Commissioner Lowther, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution No. 2004-139 providing for water main th expansion to Haeger Highlands Subdivision (10 Avenue th south of 4 Street) in Indian River County, Florida; providing the total estimated cost, method of payment of assessments, number of annual installments, and description of the area to be served. ON MOTION by Commissioner Lowther, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution No. 2004-140 setting a time and place at which the owners of properties, located in Haeger Highlands thth Subdivision (10 Avenue south of 4 Street) in Indian River County, Florida, and other interested persons may appear before the Board of County Commissioners of Indian River County and be heard as to the propriety and advisability of constructing the water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be specially assessed against each property benefited thereby. November 23, 2004 24 11.J.2. UTILITIES SERVICES – MASSEY ROAD WATER MAIN ALONG THE EAST SIDE OF MASSEY ROAD – WILLIAM BALLOUGH - DEVELOPER’S AGREEMENT FOR CONSTRUCTION OF OFFSITE WATER MAIN ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved the Developer’s Agreement with William Ballough as presented and authorized the Chairman to execute same, as recommended in the memorandum of October 19, 2004. RECORDED AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.3. UTILITIES SERVICES – CRYSTAL SANDS SUBDIVISION – THTH PETITION WATER SERVICE – 47 AND 48 PLACE AND TH 48 STREET – PROCEED WITH DESIGN ENGINEERING AND AWARD CONTRACT FOR SERVICES - INDIAN RIVER COUNTY PROJECT NO. UCP-2507 ON MOTION by Commissioner Davis, SECONDED by Commissioner Lowther, the Board unanimously authorized the Utilities Department to proceed with the design engineering work and award a contract for survey services through the issuance of a purchase order based on the most November 23, 2004 25 favorable quote, in preparation for the special assessment project, as recommended in the memorandum of November 9, 2004. 12. COUNTY ATTORNEY None. 13.A. CHAIRMAN ARTHUR R. NEUBERGER None. 13.B. COMMISSIONER SANDRA L. BOWDEN None. 13.C. COMMISSIONER WESLEY S. DAVIS None. 13.D. COMMISSIONER THOMAS S. LOWTHER None. 13.E. COMMISSIONER GARY C. WHEELER None. November 23, 2004 26 DOCUMENTS MADE PART OF THE RECORD CBMP–#327FJ ITRUS EST ANAGEMENT RACTICES ELLSMERE OINT V–SA ENTURE UN G Application Evaluation Review Sheet – Exhibit ‘B’ – amended Field Number (original approval 11-18-03 Item 11.C.2.) with cover memo to the file. S’O911C–AR–F HERIFFS FFICE ENTER DDITIONAL EPAIRS IRST AEC-BC, MENDMENT TO MERGENCY ONTRACT ARTH ONSTRUCTION I. NC 14.A. EMERGENCY SERVICES DISTRICT None. 14.B. SOLID WASTE DISPOSAL DISTRICT None. 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 November 23, 2004 27 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:51 a.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman Minutes Approved: _________________ BCC/PR/2004 Minutes November 23, 2004 28