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Home My WebLink About11/09/2004 INDEX TO MINUTES OF THE REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF NOVEMBER 9, 2004 1.CALL TO ORDER........................................................................................ 1 2.INVOCATION ............................................................................................... 1 3.PLEDGE OF ALLEGIANCE...................................................................... 1 4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ............................................................................................................ 2 5.A.PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 21-27, 2004, AS CHRISTIAN HERITAGE WEEK......... 2 5.B.PRESENTATION OF PROCLAMATION HONORING CAROLINE D. GINN ................................................................................... 2 5.C.PRESENTATION OF PROCLAMATION HONORING FRAN B. ADAMS ........................................................................................................... 3 5.D.PRESENTATION OF PROCLAMATION HONORING KENNETH R. MACHT ............................................................................... 3 November 9, 2004 1 5.E.PRESENTATION BY BETH MITCHELL, SEBASTIAN CHAMBER OF COMMERCE, REGARDING ECO-HERITAGE TOURISM PROMOTION PROGRAM .................................................... 3 6.APPROVAL OF MINUTES ........................................................................ 4 7.CONSENT AGENDA ................................................................................... 4 7.A.RC,A2004...................................................................4 EPORT OF ONVICTIONS UGUST 7.B.RC,S2004 ............................................................4 EPORT OF ONVICTIONS EPTEMBER 7.C.AW–O22-28,2004 ...................................................4 PPROVAL OF ARRANTS CTOBER 7.D.ESDAC(ESDAC)–F MERGENCY ERVICES ISTRICT DVISORY OMMITTEE RANK CR ........................................................................................................5 OFFEY ESIGNS 7.E.PLAB(PLAB)–FCR .................5 UBLIC IBRARY DVISORY OARD RANK OFFEY ESIGNS 7.F.R2004-135–EPC/PH ESOLUTION STABLISHING THE RIMARY AREUBLIC EALTH AC ...............................................................................................5 DVISORY OMMITTEE 7.G.POOWPM-RH,L.– URCHASE OF CEAN AKS EST ROJECT BY OMES TD ACCR SSIGNMENT OF ONTRACT FOR ONSTRUCTION OF EQUIRED I-PACB-JIDA MPROVEMENTS ARTIAL SSIGNMENT OF ASH OND I,I. .....................................................................................................6 NVESTMENTS NC 7.H.CC-COAFR LERK OF OURT ONSTITUTIONAL FFICERS NNUAL INANCIAL EPORT FY2003/2004(JK.B) ................................................6 FOR ISCAL EAR EFFREY ARTON 7.I.PA-COAF ROPERTY PPRAISER ONSTITUTIONAL FFICERS NNUAL INANCIAL RFY2003/2004(DC.N) ........................................7 EPORT FOR ISCAL EAR AVID OLTE 7.J.S–COAFR HERIFF ONSTITUTIONAL FFICERS NNUAL INANCIAL EPORT FOR FY2003/2004(RR) .................................................................7 ISCAL EAR OY AYMOND 7.K.SE–COA UPERVISOR OF LECTIONS ONSTITUTIONAL FFICERS NNUAL FRFY2003/2004(KC) ...............................7 INANCIAL EPORT FOR ISCAL EAR AY LEM 7.L.TC–COAFR AX OLLECTOR ONSTITUTIONAL FFICERS NNUAL INANCIAL EPORT FY2003/2004(CS)...................................................8 FOR ISCAL EAR HARLIE EMBLER 7.M.TC–2004EFR(CS) .......................8 AX OLLECTOR XCESS EE EPORT HARLIE EMBLER November 9, 2004 2 7.N.R2004-136–JPA-F ESOLUTION OINT ARTICIPATION GREEMENT LORIDA DT(FDOT)-A EPARTMENT OF RANSPORTATION TO FUND CCESS IABVBA. ............9 MPROVEMENTS TO VIATION OULEVARD AT THE ERO EACH IRPORT 7.O.RASBLCO EQUEST TO DVERTISE FOR EALED IDS ON THE EASE OF OUNTY WNED R–C8S27A ..........................................9 THTH ESIDENCE ORNER OF TREET AND VENUE 7.P.PAPHM/M ERMISSION TO DVERTISE UBLIC EARING ON OBILEANUFACTURED HHUDPTWZR–T OMES AND ARK RAILERS IND ONE EQUIREMENTS ECHNICAL ADMV ............................................................. 10 DVISORY IVISION OF OTOR EHICLES 7.Q.B#7015–ABSFAS– ID AWARD NNUAL ID FOR ECURITY AND IRE LARM ERVICES GSD/BGD–L ENERAL ERVICES EPARTMENTUILDINGS AND ROUNDS IVISION IFE SS,I.TC .................................................. 10 AFETY YSTEMS NC OF THE REASURE OAST 7.R.RB#6095–20’X40”SMB EJECTION OF ID TEEL ETAL UILDING FOR SGC .......................................................................................... 11 ANDRIDGE OLF LUB 7.S.RB#6099–FIFE EJECTION OF ID URNISH AND NSTALL ENCING ON ASTERN PSGC ................................................................. 11 ERIMETER AT ANDRIDGE OLF LUB 7.T.BA#7023–DTMH-41054106 ID WARD EMOLITION OF WO OBILE OMES AND 47A,VB–HF&SL,I. ................ 12 TH VENUE ERO EACH ENRY ISCHER ONS EASING NC 7.U.2004/2005SFDHC .................. 12 TATE OF LORIDA EPARTMENT OF EALTH ONTRACT 7.V.RE-IFSCS EQUEST FOR XTENSION MPACT EE TUDY ONSULTANT ERVICES C–A#1–T-O&A,I. ............... 13 ONTRACT MENDMENT INDALE LIVER SSOCIATES NC 7.W.S7BRP-AT ECTOR EACH ESTORATION ROJECT PPLIED ECHNOLIGY AND M,I.(ATM)CAN.10 ............................... 13 ANAGEMENT NC ONTRACT MENDMENT O 9.A.1.PUBLIC HEARING – RESOLUTION 2004-137 –DIVOSTA AND COMPANY’S REQUEST FOR DEVELOPMENT OF REGIONAL IMPACT (DRI); ORDINANCE 2004-035 – REZONING APPROXIMATELY 36/5 ACRES LOCATED AT THRD SOUTHEAST CORNER OF 74 AVENUE AND 33 STREET FROM A-1 TO RS-3 – WATERWAY VILLAGE .................................. 13 November 9, 2004 3 11.B.1.APPROVAL OF RENEWAL OF A CLASS “B” CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR INDIAN RIVER MEMORIAL HOSPITAL ........................................................... 18 11.C.CITRUS BEST MANAGEMENT PRACTICES CONTRACT EXTENSION - FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (FDACS) ............................................... 19 11.E.1.G.R.O.W., INC. APPEAL OF DENIAL OF REIMBURSEMENT EXPENSES TO JOHN H. DEAN ARCHITECT & ASSOCIATES – FISCAL YEAR 2003/2004 – CHILDREN SERVICES ADVISORY COUNCIL .................................................................................................... 20 11.I.1.OSLO BOAT RAMP AND PAVING AND DRAINAGE IMPROVEMENTS TO OSLO ROAD EAST OF US1 – IRC PROJECT NO. 0381 – G. K. ENVIRONMENTAL, INC. (GEORGE KULCZCKI) ............................................................................ 23 11.J.1.SOUTH COUNTY WATER PLANT – WELLFIELD REHABILITATION PROJECT, PHASE II - CHANGE ORDER #3 TO WELL CONTRACTOR – LAYNE CHRISTENSEN COMPANY (UTILITIES) .......................................................................... 24 11.J.2.BID AWARD #7017 – ANNUAL BID FOR UTILITY SUPPLIES – NATIONAL WATERWORKS – UTILITIES ........................................ 25 11.J.3.DEVELOPER’S AGREEMENT – FALCON TRACE SUBDIVISION – INDIAN RIVER ASSOCIATES II, LLLP. ............... 25 November 9, 2004 4 13.A.CHAIRMAN CAROLINE D. GINN – STYROFOAM FENCES......... 26 14.A.EMERGENCY SERVICES DISTRICT - NONE ................................... 26 14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 26 14.B.1.AM–O12,2004 ..................................................... 26 PPROVAL OF INUTES CTOBER 14.B.2.B#7006–ABJCS ...................... 26 ID NNUAL ID FOR ANITORIAL LEANING ERVICES 14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 26 DOCUMENTS ADDED TO THE MINUTES: ............................................................. 27 EC–TRC,I.– MERGENCY ONTRACT IMOTHY OSE ONTRACTING NC REPAIR OF STORM HDIRFWCDB-10CP .............................. 27 SEWER AT IGHLAND RIVE ANAL ROJECT EC–MSMVB,I.– MERGENCY ONTRACT IDTATE ECHANICAL OF ERO EACH NC REPAIR A/CS’O.................................................................... 27 OF SYSTEM AT HERIFFS FFICE EC–JC,I.–S’O MERGENCY ONTRACT OHNSON ONTROLS NC REPAIR OF HERIFFS FFICE .................................................................................................................................. 27 November 9, 2004 5 November 9, 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 9, 2004, at 6:00 p.m. Present were Caroline D. Ginn, Chairman; Arthur R. Neuberger, Vice Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Kenneth R. Macht. Also present were Joseph Baird, County Administrator; William G. Collins II, County Attorney; Kimberly Massung, Executive Aide and Maria I. Suesz, Deputy Clerk. 1. CALL TO ORDER Chairman Ginn called the meeting to order. 2. INVOCATION Pastor Ray Scent delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Chairman Caroline D. Ginn led the Pledge of Allegiance to the Flag. November 9, 2004 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Ginn requested the following changes to today’s Agenda: Replace Item 7.F., page Resolution adopting the Primary Care/Public Health Page: 24 Advisory Committee – change to wording in Section 3 Replace Item7.H. Clerk of the Circuit Court, Constitutional Officers Item: Financial Report for Fiscal Year 2003/2004 – change in excess fees from $872,623.49 to $896,495.00 Replace Item 9.A.1. page Resolution 2004-137 – DiVosta and Company’s request Pages: 230, 242 and for Development of Regional Impact (Waterway 253 Village) Add: Item 13.A. Chairman Ginn request to discuss Styrofoam fences ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously made the above changes to the Agenda. 5.A. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 21-27, 2004, AS CHRISTIAN HERITAGE WEEK Bob Johnson Chairman Ginn read and presented the Proclamation to who accepted it on behalf of the American Families Association and he thanked the Board for their continued support. 5.B. PRESENTATION OF PROCLAMATION HONORING CAROLINE D. GINN Commissioner Neuberger read and presented the Proclamation and Retirement Award to Chairman Caroline D. Ginn. There was a standing ovation. November 9, 2004 2 5.C. PRESENTATION OF PROCLAMATION HONORING FRAN B. ADAMS Commissioner Lowther read and presented the Proclamation honoring Fran B. Adams and presented a retirement award for outstanding performance which she accepted with great gratitude. There was a standing ovation. 5.D. PRESENTATION OF PROCLAMATION HONORING KENNETH R. MACHT Commissioner Neuberger read and presented the Proclamation honoring Kenneth Macht and presented a retirement award which Commissioner Macht accepted graciously. There was a standing ovation. Commissioner Neuberger presented to Chairman Ginn and Commissioners’ Macht and Adams a Plaque with the County logo. 5.E. PRESENTATION BY BETH MITCHELL, SEBASTIAN CHAMBER OF COMMERCE, REGARDING ECO-HERITAGE TOURISM PROMOTION PROGRAM Beth Mitchell , President of the Sebastian River Area Chamber of Commerce, gave a presentation regarding the Eco-Heritage Tourism Promotion Program and demonstrated the Eco-Heritage Interactive Tour CD that she distributed with the Promotion Booklet (on file). They hope that this tour will convince everybody that they need to come to Indian River County. The CD is to be used as a marketing tool and they will be uploading it onto the Chamber website: www:SebastianChamber.com. Ruth Stanbridge , Project Manager, described the project and methodology used in this program. November 9, 2004 3 6. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meetings of October 12 and 19, 2004. There were none. ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously approved the Minutes of the Regular Meetings of October 12 and 19, 2004, as written and distributed. 7. CONSENT AGENDA 7.A. RC,A2004 EPORT OF ONVICTIONS UGUST The report has been received and is on file in the office of the Clerk to the Board. 7.B. RC,S2004 EPORT OF ONVICTIONS EPTEMBER The report has been received and is on file in the office of the Clerk to the Board. 7.C. AW–O22-28,2004 PPROVAL OF ARRANTS CTOBER ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for October 22-28, 2004, as requested in the memorandum dated October 28, 2004. November 9, 2004 4 7.D. ESDAC(ESDAC) MERGENCY ERVICES ISTRICT DVISORY OMMITTEE –FCR RANK OFFEY ESIGNS ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously accepted Frank Coffey’s resignation from the Emergency Services District Advisory Committee (ESDAC). 7.E. PLAB(PLAB)–FC UBLIC IBRARY DVISORY OARD RANK OFFEY R ESIGNS ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously accepted Frank Coffey’s resignation from the Public Library Advisory Board (PLAB). 7.F. R2004-135–EP ESOLUTION STABLISHING THE RIMARY C/PH/AC AREUBLIC EALTHDVISORY OMMITTEE ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously adopted Resolution 2004-135 establishing the Primary Care/Public Health/Advisory Committee. November 9, 2004 5 7.G. POOWPM-RH,L.– URCHASE OF CEAN AKS EST ROJECT BY OMES TD ACCR SSIGNMENT OF ONTRACT FOR ONSTRUCTION OF EQUIRED I-PACB-JIDA MPROVEMENTS ARTIAL SSIGNMENT OF ASH OND I,I. NVESTMENTS NC ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously approved the assignment by JIDA Investments, Inc. to M-R Homes, Ltd. of Contract for Construction of Required Improvements No. SD-01-12-31 (2000080158); approved the Cash Deposit and Escrow Agreement between JIDA Investments, Inc. and Indian River County relating to Ocean Oaks West, and authorized the Chairman to execute the attached Consent to Assignment, as recommended in the memorandum of November 3, 2004. ASSIGNMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.H. CC-COA LERK OF OURT ONSTITUTIONAL FFICERS NNUAL FRFY2003/2004(JK. INANCIAL EPORT FOR ISCAL EAR EFFREY B) ARTON ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously accepted the Clerk of the Court’s Annual Financial Report for fiscal year 2003/2004, as written and distributed. November 9, 2004 6 LETTER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.I. PA-COA ROPERTY PPRAISER ONSTITUTIONAL FFICERS NNUAL FRFY2003/2004(DC. INANCIAL EPORT FOR ISCAL EAR AVID N) OLTE ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously accepted the Property Appraiser’s Annual Financial Report for the fiscal year 2003/2004, as written and distributed. 7.J. S–COAF HERIFF ONSTITUTIONAL FFICERS NNUAL INANCIAL RFY2003/2004(RR) EPORT FOR ISCAL EAR OY AYMOND ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously accepted the Sheriff’s Annual Financial Report for fiscal year 2003/2004, as written and distributed. 7.K. SE–COA UPERVISOR OF LECTIONS ONSTITUTIONAL FFICERS NNUAL FRFY2003/2004(KC) INANCIAL EPORT FOR ISCAL EAR AY LEM ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously November 9, 2004 7 accepted the Supervisor of Elections Annual Financial Report for fiscal year 2003/2004, as written and distributed. 7.L. TC–COA AX OLLECTOR ONSTITUTIONAL FFICERS NNUAL FRFY2003/2004(C INANCIAL EPORT FOR ISCAL EAR HARLIE S) EMBLER ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously accepted the Tax Collector’s Annual Financial Report for fiscal year 2003/2004, as written and distributed. 7.M. TC–2004EFR(CS) AX OLLECTOR XCESS EE EPORT HARLIE EMBLER ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously accepted the Tax Collector’s 2004 Excess Fee Report, as written and distributed. November 9, 2004 8 7.N. R2004-136–JPA- ESOLUTION OINT ARTICIPATION GREEMENT FDT(FDOT)- LORIDA EPARTMENT OF RANSPORTATION TO FUND AIABV CCESS MPROVEMENTS TO VIATION OULEVARD AT THE ERO BA. EACH IRPORT ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously adopted Resolution 2004-136 approving a Joint Participation Agreement with the Florida Department of Transportation to fund access improvements to Aviation Boulevard at the Vero Beach airport. PARTIALLY EXECUTED AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.O. RASBL EQUEST TO DVERTISE FOR EALED IDS ON THE EASE OF COR–C8S27 THTH OUNTY WNED ESIDENCE ORNER OF TREET AND A VENUE ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously authorized staff to advertise a request of sealed bids on the lease of the home, as recommended in the memorandum of November 3, 2004. November 9, 2004 9 7.P. PAPH ERMISSION TO DVERTISE UBLIC EARING ON M/MHHUDPTW OBILEANUFACTURED OMES AND ARK RAILERS IND ZR–TAD ONE EQUIREMENTS ECHNICAL DVISORY IVISION OF MV OTOR EHICLES ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously authorized the County Attorney’s Office to advertise for a public hearing on December 7, 2005, as recommended in the memorandum of November 3, 2004. 7.Q. B#7015–ABSFA ID AWARD NNUAL ID FOR ECURITY AND IRE LARM S–GSD/B ERVICES ENERAL ERVICES EPARTMENTUILDINGS AND GD–LSS,I. ROUNDS IVISION IFE AFETY YSTEMS NC OF THE TC REASURE OAST ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously awarded the annual contract to Life Safety Systems, Inc. of the Treasure Coast as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid; establishing an Open End Contract for the period October 1, 2004 through September 30, 2005, and authorizing the Purchasing Manager to renew this contract for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, vendor November 9, 2004 10 acceptance and the determination that renewal of this annual contract is in the best interest of the County, as recommended in the memorandum of October 28, 2004. 7.R. RB#6095–20’X40”SMB EJECTION OF ID TEEL ETAL UILDING FOR SGC ANDRIDGE OLF LUB ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously rejected all six (6) bids in light of the recent hurricane events and the damage sustained at this location and to allow staff time to re-assess priorities of all capital projects scheduled in the current year budget, as recommended in the memorandum of October 26, 2004. 7.S. RB#6099–FIF EJECTION OF ID URNISH AND NSTALL ENCING ON EPSGC ASTERN ERIMETER AT ANDRIDGE OLF LUB ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously rejected all bids in light of the recent hurricane events and the damage sustained at this location and to allow staff time to re-assess their priorities of all capital projects scheduled in the current year's budget. as recommended in the memorandum of October 26, 2004. November 9, 2004 11 7.T. BA#7023–DTMH-4105 ID WARD EMOLITION OF WO OBILE OMES 410647A,VB–HF&S TH AND VENUE ERO EACH ENRY ISCHER ONS L,I. EASING NC ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously awarded Bid #7023 to Henry Fischer & Sons Leasing, Inc., as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid, as recommended in the memorandum of October 27, 2004. 7.U. 2004/2005SFDH TATE OF LORIDA EPARTMENT OF EALTH C ONTRACT ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously approved the contract, as recommended in the memorandum of November 2, 2004. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD November 9, 2004 12 7.V. RE-IFSC EQUEST FOR XTENSION MPACT EE TUDY ONSULTANT SC–A#1–T-O& ERVICES ONTRACT MENDMENT INDALE LIVER A,I. SSOCIATES NC ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously authorized the Chairman to sign the Indian River County/Impact Fee Study Consultant Contract Amendment #1. AMENDMENT #1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.W. S7BRP-AT ECTOR EACH ESTORATION ROJECT PPLIED ECHNOLIGY M,I.(ATM)CAN.10 AND ANAGEMENT NC ONTRACT MENDMENT O ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously approved Amendment No. 10 to the contract with Applied Technology and Management, Inc. in the amount of $5,910.00. AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 9.A.1. PUBLIC HEARING – RESOLUTION 2004-137 –DIVOSTA AND COMPANY’S REQUEST FOR DEVELOPMENT OF November 9, 2004 13 REGIONAL IMPACT (DRI); ORDINANCE 2004-035 – REZONING APPROXIMATELY 696 ACRES LOCATED AT THRD SOUTHEAST CORNER OF 74 AVENUE AND 33 STREET FROM A-1 TO RS-3 – WATERWAY VILLAGE PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling presented the proposal reviewing his memorandum (copy on file) stating that the applicant is seeking approval of a Development of Regional Impact (DRI) Development Order (D.O.), a conceptual PD Plan, and a PD rezoning, which will rezone the site from A-1 to PD residential. The Planning and Zoning Commission has reviewed the DRI and they recommend the Board approve this request. He stated all the lots in this particular plan will be served by a sidewalk system and there will be some pedestrian access through the conservation areas. This project is dedicating an elementary school site and an emergency services site. In addition, he said there is a condition to have safe rooms in each unit rather than have an emergency shelter in the community. He concluded his presentation reviewing the changes in the Development Order on page 2, changing the commencement of construction from one year to eighteen months should there be a hold up in obtaining the permits; page 5, to be more specific rdth about the roadway construction on 53 Street from 58 Avenue to the project entrance; and page 16, regarding the school site to change the wording arranged by the County Attorney’s office (replacement pages 239, 242 and 253 respectively). November 9, 2004 14 County Attorney Will Collins explained the change in the wording “to convey by warranty deed” on page 16 of the Development Order (page 253 in the backup, paragraph 68) was to convey a parallel construction in the dedication language and Attorney Barkett, representing the developer, said he had no problem with the changes. There were some questions posed to staff by the Board to obtain more detailed information regarding the berms, landscaping designs, the number of lanes for the roadways, the eagle preserve and the cleanout areas for the waterways. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. Bruce Barkett, 756 Beachland Boulevard, Attorney for DiVosta and Company, thanked staff for doing a nice job of capitalizing on a plan that has taken a long time and has come a long way. He pointed out that they have satisfied the concerns of the Regional Planning Council and he clarified that the school site is being donated, as well as the EMS site and the thoroughfares. Commissioner Lowther complimented Mr. Barkett for his communication with staff throughout the planning of this project. th Robert Snyder , 4865 48 Avenue, President of Lindsey Lanes, requested the thth County install a traffic light with turning lanes at the intersection of 58 Avenue and 49 Street. th Currently it is very difficult to access 58 Avenue and he was concerned that an increase in traffic could make it impossible to get out onto that road. He posed other concerns regarding the school site location, the length of the sidewalks and the construction entrance. Director Stan Boling invited Mr. Snyder to attend the site planning meetings to provide input. November 9, 2004 15 There was a discussion regarding the possibility of putting in a flashing light now to accommodate Mr. Snyder’s request, however, to turn it on they still have to make sure they have met the traffic requirements. th Commissioner Lowther commented that if they consider a flashing light at 58 ththth Avenue and 49 Street then he wanted to see a flashing light installed at 5 Street and 27Avenue. Commissioner Adams felt there was no question in her mind that Mr. Snyder ‘s community will be temporarily inconvenienced. th Dan Nehler , 4830 50 Drive, Vice President of Lindsey Lanes Homeowners th Association supported Mr. Snyder’s argument regarding 58Avenue. th George Blythe, 825 90 Avenue, was interested in having access to the east end of the conservation area and those details have yet to be worked out, however, they are part of the rd concept. He asked about 5 foot sidewalks on both sides of 53 Street for pedestrians and bicycles and they are included in the proposal. th Freddie Woolfork, 4590 57 Avenue, supported the development and welcomed DiVosta into the community. He felt it is going to be a viable improvement and approved the project. Commissioner Neuberger asked for an update on the County’s request to the Florida East Coast Railroad regarding swapping a one-for-one railroad crossing instead of closing two rd crossings to open a new crossing at 53 Street. November 9, 2004 16 Public Works Director Jim Davis explained that they are waiting to hear back from Florida East Coast (FEC) Railroad regarding the one-to-one swap. Initially in December 2003 the rd FEC insisted on the County closing two crossings to open a new one on 53 Street. The County rdst proposed 43 Street and 71 Street to be closed since they are the most underutilized crossings in rd the County. However, the Gifford Community did not want the 43 Street crossing to be closed. st In turn, the County proposed a one-to-one swap with the 71Street crossing and the FEC has not responded to date. th Robert “Bob” Johnson , 535 39 Court SW, requested that it be added in writing to rd the proposal that 43 Avenue be a maximum of two or three lanes through the DiVosta development. He was concerned that the 80-foot right-of-way would be utilized later down the rd road to widen 43 Avenue to five-lanes. Traffic Engineer Mora said there is a condition of development that it will be three rdth lanes at the 53 Street and the 49 Street intersections and two lanes in between. MOTION WAS MADE by Commissioner Lowther, SECONDED by Commissioner Neuberger, to approve staff’s recommendation. Discussion continued regarding walled communities and Chairman Ginn shared her visit to another DiVosta development. The Chairman asked if anyone else wished to be heard with regard to this matter. There being none, the Chairman closed the public hearing. November 9, 2004 17 The Chairman CALLED THE QUESTION, and the motion carried unanimously. The Board adopted Resolution 2004-137 making findings of fact and conclusions of law pertaining to Waterway Village, a Development of Regional Impact and constituting this Resolution as a Development Order by Indian River County in compliance with the law; providing for an effective date and providing a termination date and adopted Ordinance 2004-035, amending the zoning ordinance and the accompanying zoning map from A-1 and RM-6 to PD residential for approximately 696 acres, and allowing limited neighborhood commercial uses on approximately 3 acres, approving the PD conceptual plan for the subject site thth located east of 58 Avenue, North of 49 Street, south of the North Relief Canal, and west of the Lateral H Canal; providing codification, severability, and effective date. 11.B.1. APPROVAL OF RENEWAL OF A CLASS “B” CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR INDIAN RIVER MEMORIAL HOSPITAL November 9, 2004 18 ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved Renewal of the Class “B” Certificate of Public Convenience and Necessity for Indian River Memorial Hospital, to be effective for a period of two (2) years from November 19, 2004, to November 19, 2006, as recommended in the memorandum of October 29, 2004. CERTIFICATE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.C. CITRUS BEST MANAGEMENT PRACTICES (BMP) CONTRACT EXTENSION - FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (FDACS) ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously authorized (A) extending the time for the contract deadlines on listed applicants until March 1, 2005: #338, #313, #306, #322, #322C, #322B, #307, #305, #327, #309, #308,.#330, #234, #334, #310; (B) delegating to the County Administrator or his designee the authority to sign letter agreements to each applicant extending the contract deadline to March 1, 2005 on a form prepared and approved by the County Attorney’s Office, as recommended in the memorandum of November 1, 2004. November 9, 2004 19 11.E.1. G.R.O.W., INC. APPEAL OF DENIAL OF REIMBURSEMENT EXPENSES TO JOHN H. DEAN ARCHITECT & ASSOCIATES – FISCAL YEAR 2003/2004 – CHILDREN SERVICES ADVISORY COUNCIL MOTION WAS MADE by Commissioner Neuberger, SECONDED by Commissioner Macht, to approve staff’s recommendation Under discussion and after review of the reimbursement package handed out prior to the meeting (copy on file with the backup) Commissioner Lowther posed several questions to staff. Management and Budget Director Jason Brown reviewed his memorandum (copy on file) saying some expenses are eligible for reimbursement if they had filed on time. He stated the following reasons for staff’s recommendation to deny: 1.They received the package at the last minute 2.It exceeded the amount that remained in the budget 3.There were numerous expenses that were not part of the contract that they signed 4.There was missing documentation 5.There were some expenses that occurred in the new fiscal year (after September 30, 2004) 6.There were expenses over $6,000 expended on the last day. November 9, 2004 20 He continued to place these reasons into perspective explaining that the total budget is $50,000 and a typical monthly request has been in a $2,000 to $3,000 range. Now at the end of the fiscal year they submit a $21,000 request. Jacqueline Reason, CEO of G.R.O.W, Inc. responded to several questions posed by Commissioner Lowther and Commissioner Adams defending her company’s actions. She explained that their CPA, who is located in Houston, made the request for extension. She contributed that request to the hurricanes. After the hurricanes they were without power so they never received any email or letter from staff saying that the final request for payment was due October 11, 2004. She contested that in her conversations with staff she was never told that she would not receive payment. She was puzzled as to why she was being denied payment. Discussion continued and Ms. Reason was advised that she signed a contract and she needed to become more familiar with that contract and abide by the rules of the grant program. The Board also felt that her company may have been misrepresented by their CPA. Commissioner Neuberger wanted to know the amount that they could be reimbursed if they were more timely with their paperwork. Administrator Baird was opposed to that idea because they would be setting precedence. Commissioner Lowther reminded everyone similar situations have been addressed at earlier meetings concerning meeting deadlines because of the hurricanes this year and he felt staff needed to be somewhat flexible. Director Brown responded to the question saying there is approximately $3,800.00 in expenses that would have been reimbursed if they had met the deadline. November 9, 2004 21 After consideration Commissioner Neuberger WITHDREW his motion. MOTION WAS MADE by Commissioner Neuberger, SECONDED by Commissioner Lowther, to table this item for seven days to allow G.R.O.W., Inc. time to provide additional information to the Budget Manager and for staff to come back with a dollar amount at the November 16, 2004 meeting. (This motion was revised and then reconsidered later in the meeting.) Discussion ensued and Director Brown clarified that any expenses received after the closing of the 2003/2004 books cannot be paid with that year’s funds. Commissioner Macht disagreed allowing any payment. He explained that this is part of a huge granting program. The Management and Budget staff has meticulously explained the rules of expenditures, the rules of use, and the rules of reimbursement to the agencies and if they start changing the rules that structure falls down and instead of having a grant program, they have a meleé. In addition, he said Ms. Reason does not have the ability to misappropriate funds. The Chairman CALLED THE QUESTION and the motion carried 3-2. Chairman Ginn and Commissioner Macht opposed. The Board approved allowing G.R.O.W., Inc. two days to provide additional information. (This motion was reconsidered later in the meeting.) November 9, 2004 22 Administrator Baird said there is no check run for fiscal year 2003/2004. They just closed their books and they are looking at about a 2 million dollar loss because of the hurricanes. Any reimbursement now would fall under the 2004/2005 budget. Commissioner Macht said this is just not appropriate. ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, by a 4-1 vote, Commissioner Neuberger opposed, the Board approved reconsidering staff’s recommendation. ON MOTION by Commissioner Lowther, SECONDED by Commissioner Macht, by a 5-0 vote, the Board unanimously approved staff’s recommendation to deny reimbursement for payment to John H. Dean, Architect & Associates, in the amount of $9,980.00, $243.44 salary reimbursement and $247.00 for computer software, as recommended in the memorandum of November 2, 2004. 11.I.1. OSLO BOAT RAMP AND PAVING AND DRAINAGE IMPROVEMENTS TO OSLO ROAD EAST OF US1 – IRC PROJECT NO. 0381 – G. K. ENVIRONMENTAL, INC. (GEORGE KULCZCKI) November 9, 2004 23 ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved G. K. Environmental, Inc. to proceed with the environmental services in the amount of $7,500.00, as recommended in the memorandum of November 1, 2004. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.1. SOUTH COUNTY WATER PLANT – WELLFIELD REHABILITATION PROJECT, PHASE II - CHANGE ORDER #3 TO WELL CONTRACTOR – LAYNE CHRISTENSEN COMPANY (UTILITIES) ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, the Board unanimously approved Change Order No. 3; (a net increase in the amount of $37,534.00), and approved an extension of the contract period by 75 days, as recommended in the memorandum of November 2, 2004. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD November 9, 2004 24 11.J.2. BID AWARD #7017 – ANNUAL BID FOR UTILITY SUPPLIES – NATIONAL WATERWORKS – UTILITIES ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously awarded Bid #7017 to National Waterworks as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid; establishing an Open End contract for the Period October 1, 2004 through September 30, 2005 with recommended vendors; and authorizing the Purchasing Manager to renew this contract for three (3) 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. 11.J.3. DEVELOPER’S AGREEMENT – FALCON TRACE SUBDIVISION – INDIAN RIVER ASSOCIATES II, LLLP. ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved the Developer’s Agreement and authorized the Utilities Department to recover capacity charges and line extension fees from future development, as recommended in the memorandum of October 26, 2004. November 9, 2004 25 AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13.A. CHAIRMAN CAROLINE D. GINN – STYROFOAM FENCES th Chairman Ginn displayed a piece of Styrofoam fence that blew down at 8 Street during Hurricane Frances and Hurricane Jeanne. She did not think it should be allowed for use anywhere in our County. She would prefer seeing berms. Commissioner Macht agreed. Attorney Collins thought there are certain materials approved for certain uses and he wanted to review the Building Codes. (CLERK’S NOTE: Chairman Ginn, Commissioner Adams and Commissioner Macht made their closing remarks to the public and to the Board, as this was their last Commission meeting.) 14.A. EMERGENCY SERVICES DISTRICT - NONE 14.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment of the regular meeting of the Board of County Commissioners, the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately and are appended to this document. 14.B.1.AM–O12,2004 PPROVAL OF INUTES CTOBER 14.B.2.B#7006–ABJCS ID NNUAL ID FOR ANITORIAL LEANING ERVICES 14.C. ENVIRONMENTAL CONTROL BOARD - NONE November 9, 2004 26 DOCUMENTS ADDED TO THE MINUTES: EC–TRC,I. MERGENCY ONTRACT IMOTHY OSE ONTRACTING NC –HDIRFWCDB-10 REPAIR OF STORM SEWER AT IGHLAND RIVE CP ANAL ROJECT EC–MSMVB, MERGENCY ONTRACT IDTATE ECHANICAL OF ERO EACH I.–A/CS’O NC REPAIR OF SYSTEM AT HERIFFS FFICE EC–JC,I.– MERGENCY ONTRACT OHNSON ONTROLS NC REPAIR OF S’O HERIFFS FFICE ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 8:28 p.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman Minutes Approved: _________________ BCC/MIS/2004Minutes November 9, 2004 27