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HomeMy WebLinkAbout02/03/2004 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF FEBRUARY 3, 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 ........................................ 2 5.A.PAUFC RESENTATION OF WARDS FROM NIVERSITY OF LORIDA OOPERATIVE ESMGPVN XTENSION ERVICE TO ASTER ARDENER ROGRAM OLUNTEERS ORMAN NCJ ...................................................................................2 EAGLE AND LARE OHNSON 5.B.PPDMF RESENTATION OF ROCLAMATION ESIGNATING THE ONTH OF EBRUARY 2004LAM ..................................................................3 AS IBRARY PPRECIATION ONTH 5.C.PPDF8,2004 RESENTATION OF ROCLAMATION ESIGNATING EBRUARY AS FCD .............................................................................3 OUR HAPLAINS MEMORIAL AY 5.D.PJGS1&2M RESENTATION BY ONATHAN ORHAM ON THE ECTORS ITIGATION RP ............................................................................................................4 EEF ROJECT 6.A.APPROVAL OF MINUTES ........................................................................ 4 February 3, 2004 1 7.CONSENT AGENDA.................................................................................... 4 7.A.R ...................................................................................................................4 EPORTS 7.B.AW .........................................................................................5 PPROVAL OF ARRANTS 7.C.AW .........................................................................................5 PPROVAL OF ARRANTS 7.D.2004EEDC(EDC)C LECTION OF CONOMIC EVELOPMENT OUNCIL HAIRMAN JKVCLS-G .........................5 AMES RETSCH AND ICE HAIRMAN INDA CHLITTONZALEZ 7.E.2004EPLAB(PLAB)C LECTION OF UBLIC IBRARY DVISORY OARD HAIRMAN MTVCDG ................................................6 ILT HOMAS AND ICE HAIRMAN ONNA REEN 7.F.2004EPSAC(PSAC) LECTION OF ROFESSIONAL ERVICES DVISORY OMMITTEE CPRVCWD .........................6 HAIRMAN ETER OBINSON AND ICE HAIRMAN ARREN ILL 7.G.2004EESDAC LECTION OF MERGENCY ERVICES ISTRICT DVISORY OMMITTEE (ESDAC)CFCVCCJ.......6 HAIRMAN RANK OFFEY AND ICE HAIRMAN OLLEEN EEVES 7.H.2004ECPO(COPO)C LECTION OF OUNCIL OF UBLIC FFICIALS HAIRMAN SBVCJB .............................................6 ANDRA OWDEN AND ICE HAIRMAN OE ARCZYK 7.I.CDBG(CDBG)CAT OMMUNITY EVELOPMENT LOCK RANT ITIZENS DVISORY ASK F–AEL(VC ORCE PPOINTMENT OF FFIE YLES ACANCY LEFT BY OMMISSIONER ) ........................................................7 WHO FORMERLY SERVED AS A VOTING MEMBER 7.J.2004EB&SPAC LECTION OF EACH HORE RESRVATION DVISORY OMMITTEE CRSVCBM .........................7 HAIRMAN ALPH EXTON AND ICE HAIRMAN ETH ITCHELL 7.K.2004EAAC(AAC)C LECTION OF GRICULTURE DVISORY OMMITTEE HAIRMAN MSVCRA,J. ......................................7 ARK ANCHEZ AND ICE HAIRMAN OBERT DAIR R 7.L.2004EMPOT LECTION OF ETROPOLITAN LANNING RGANIZATION ECHNICAL AC(MPOTAC)CBKV DVISORY OMMITTEE HAIRMAN OB EATING AND ICE CCM ............................................................................................8 HAIRMAN HRIS ORA 7.M.CVBVPFG–A ITY OF ERO EACH ISIONING ROCESS OCUS ROUP PPOINTMENT OF IVSB’E-OR ..................8 TAL ERON TO ERVE AS THE OARDS XFFICIO EPRESENTATIVE 7.N.2004ECEB(CEB)CK LECTION OF ODE NFORCEMENT OARD HAIRMAN ARL ZVCCS ..............................................8 IMMERMANN AND ICE HAIRMAN LIFF UTHARD 7.O.WSVWAPC–M, EST IDE ILLAS ATER SSESSMENT ROJECT ONTRACT ASTELLER M&R-WON.1 .......................................................................8 OLER EED ORK RDER O 7.P.AMLIRFW NNUAL EETING OF ANDOWNERS OF NDIAN IVER ARMS ATER CD–ADE.GP .....................9 ONTROL ISTRICT PPOINTMENT OF AVID UNTER AS ROXY February 3, 2004 2 7.Q.PVCRC ..............................................9 AYMENTS TO ENDORS OF OURT ELATED OSTS 7.R.RN.2004-014–PA–TRR ESOLUTION O ROPERTY CQUISITION AX OLL EMOVAL –ACC,LLC–PID MERITREND OMMERCE ENTER ARCEL #33-38-01-00001-0120-00005.0 ...............................................................................10 7.S.B#6043–DCS–L ID EMOLITION OF ONDEMNED TRUCTURES OOMER C,I. ................................................................................................10 ONSTRUCTION NC 7.T.B#6046–DCS–JO’C ID EMOLITION OF ONDEMNED TRUCTURES OHN ONNELL STTHTH (400621A,472534A,415528A) ............................10 VENUE VENUE AND VENUE 7.U.PTS–CB-ATSPP,I. .......11 AY ELEPHONE ERVICES OUNTY UILDINGS AY HONES NC 7.V.RN.2004-015–RLFA(LFA) ESOLUTION O EVISED OCALLY UNDED GREEMENT FDT(FDOT) WITH THE LORIDA EPARTMENT OF RANSPORTATION FOR THTH R--WA16/17SRW IGHTOFAY CQUISITION FOR THE TREET OAD IDENING P ....................................................................................................................11 ROJECT 7.W.FPALLPII-CII-D INAL LAT PPROVAL FOR INDSEY ANES HASES AND S–CCRI UBDIVISION ONTRACT FOR ONSTRUCTION OF EQUIRED MPROVEMENTS –GHOVBV,I.() .............................................12 ERO EACH NC OFF SITE AND ON SITE 7.X.FDC–FPAA IRST EVELOPERS ORPORATION INAL LAT PPROVAL FOR MERICANA PS(CS)–C LAZA UBDIVISION OMMERCIAL UBDIVISION ONTRACT FOR CRI .......................................................13 ONSTRUCTION OF EQUIRED MPROVEMENTS 7.Y.C’SAC’ARFY HILDRENS ERVICES DVISORY OMMITTEES NNUAL EPORT 2002-2003PFY2003-2004 .......................................................13 AND ROGRAMS FOR 7.Z.O--CTCAL UTOFOUNTY RAVEL FOR OMMISSIONERS TO TTEND EGISLATIVE D–M24,2004T .................................................................14 AY ARCH IN ALLAHASSEE 7.A.A.SDH,L.L.C.–FPA HOWCASE ESIGNER OMES INAL LAT PPROVAL FOR APPD-CCRS.....14 NSLEY ARK ONTRACT FOR ONSTRUCTION OF EQUIRED IDEWALKS 7.B.B.CSV“C”P.D.(P1P2)– ITRUS PRINGS ILLAGE HASE AND HASE MCCRS ODIFICATION TO ONTRACTS FOR ONSTRUCTION OF EQUIRED IDEWALK I–TSP(CDE MPROVEMENTS HE UNTREE ARTNERS OMPLETION ATES XTENDED O28,2004) ..............................................................................................15 TO CTOBER 7.C.C.S-BJBVP HERIFF UREAU OF USTICE ULLETPROOF EST ARTNERSHIP GP ......................................................................................................15 RANT ROGRAM February 3, 2004 3 7.D.D.2004ECBA LECTION OF ONSTRUCTION OARD OF DJUSTMENT AND A(CBAA)CDLVCP PPEALS HAIRMAN EAN UETHJE AND ICE HAIRMAN ETER R .................................................................................................................16 OBINSON 7.E.E.RNO.2004-016–MBA ESOLUTION ISCELLANEOUS UDGET MENDMENT 005 16 7.F.F.FCFBWHC LOODPLAIN UT AND ILL ALANCE AIVER FOR ARBORHASE ALFD–(HRA,I.) .........................16 AND UPLEXES ARBOR ETIREMENT SSOCIATES NC TH 8.A.CHIEF JUDGE CYNTHIA ANGELOS OF 19 JUDICIAL CIRCUIT – ADDRESS TO COMMISSION CONCERNING ARTICLE V, REVISION 7 ........................................................................ 17 8.B.SUPERVISOR OF ELECTIONS KAY CLEM – PRECINCT BOUNDARY CHANGES – PAPER RECEIPTS COMMENTS ........... 18 9.B.1.PUBLIC DISCUSSION ITEM - REQUEST FROM JEFF HICKMAN TO DISCUSS THE EFFECTS OF CONSTRUCTION ON THE NEIGHBORS AND HOW TO MINIMIZE THE NEGATIVE IMPACTS OF GROWTH ................................................... 19 9.B.2.PUBLIC DISCUSSION ITEM – REQUEST FROM RICHARD H. BAKER TO DISCUSS GROWTH ISSUES IN INDIAN RIVER COUNTY ...................................................................................................... 19 9.B.3.PUBLIC DISCUSSION ITEM – REQUEST FROM BRIAN T. HEADY TO SPEAK ABOUT HIS EXPERTISE REGARDING IMPACT FEES ............................................................................................ 21 9.C.1.PUBLIC NOTICE ITEM – SCHEDULED FOR PUBLIC HEARING ON FEBRUARY 10, 2004 ....................................................... 22 February 3, 2004 4 ANORDINANCEOFTHEBOARDOFCOUNTYCOMMISSIONERSOF INDIANRIVERCOUNTY,FLORIDA,AMENDINGSECTION200.30.01– THEEASTGIFFORDWATERSHEDAREAMUNICIPALSERVICE BENEFITUNIT ......................................................................................................22 11.A.RESOLUTION NO. 2004-017 – ADOPTION OF REVISED FEE SCHEDULES FOR PLANNING, ZONING AND ENGINEERING APPLICATION AND PERMIT REVIEW ACTIVITIES – ADOPTION OF POLICY GUIDELINE TO REVISIT EVERY FOUR YEARS ............................................................................................. 22 11.I.1.OSLO ROAD BRIDGE AND ROADWAY WIDENING (EAST OF TH 20 AVENUE – ENGINEERING SERVICES AMENDMENT NO. 3. – KIMLEY HORN INC. ......................................................................... 24 11.I.2.MURPHY ACT RESERVATION AND RELEASE MAPPING PROJECT – NICK MILLER, INC. – FINAL PAYMENT AND RELEASE OF RETAINAGE FOR PROFESSIONAL SERVICES AGREEMENT – PROJECT NO. 0360 ..................................................... 24 11.I.3.PELICAN ISLAND NATIONAL WILDLIFE REFUGE UPLAND RESTORATION PROJECT – PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES AGREEMENT WITH BRAD SMITH ASSOCIATES, INC. – PROJECT NO. 0386 ............................. 25 11.J.1.RFQ 6037 – CONTINUING CONSULTING SERVICES FOR DEPARTMENT OF UTILITY SERVICES – SELECTION OF FIRMS - BROWN AND CALDWELL, CDM, KIMLEY-HORN AND ASSOCIATES, INC., MASTELLER AND MOLER, INC., February 3, 2004 5 PBS&J, SCHULKE, BITTLE AND STODDARD, L.L.C., AND WCG/NEEL-SCHAFFER, INC., ............................................................... 26 11.J.2.ST. LUCIE COUNTY’S REQUEST FOR INTERLOCAL AGREEMENT – EMERGENCY SHARING OF WATER AND SEWER ......................................................................................................... 27 13.D.COMMISSIONER THOMAS S. LOWTHER – DISCUSSION REGARDING COUNTY POLICY ON HIRING RELATIVES OF EMPLOYEES .............................................................................................. 28 13.E.COMMISSIONER KENNETH R. MACHT – INDIAN RIVER COUNTY EXTENSION SERVICE LISTENING SESSION ................. 29 14.A.EMERGENCY SERVICES DISTRICT ................................................... 30 14.B.SOLID WASTE DISPOSAL DISTRICT .................................................. 30 14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 30 February 3, 2004 6 February 3, 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, February 3, 2004, at 9:00 a.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, Acting County Administrator; William G. Collins II, County Attorney; Kimberly Massung, Executive Aide to the Board; and Patricia Ridgely, Deputy Clerk. 1. CALL TO ORDER Chairman Ginn called the meeting to order. 2. INVOCATION Pastor Jesse Samons, First Church of God, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Acting County Administrator Joe Baird led the Pledge of Allegiance to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS February 3, 2004 1 Chairman Ginn requested the addition of Item 11.J.2., Review of St. Lucie County Interlocal Agreement Regarding Water and Sewer– Department of Utilities Services. She also announced there was corrective backup on Item 8.B. and additional backup for Item 13.D. ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously made the above changes to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS 5.A. PAUF RESENTATION OF WARDS FROM NIVERSITY OF LORIDA CESMG OOPERATIVE XTENSION ERVICE TO ASTER ARDENER PVNNCJ ROGRAM OLUNTEERS ORMAN EAGLE AND LARE OHNSON Commissioner Adams recounted the beginnings of the volunteer program and read the proclamation. She congratulated Clare Johnson on 15 years of volunteering and Norman Neagle on 20 years and 2600 hours of volunteer service. Norman Neagle commented that he particularly enjoyed the educational opportunities and brush up courses at the University of Florida in Gainesville. He had enjoyed this fabulous program where he sounded like an expert by having books readily available on every species. Clare Johnson was at a loss for words after Mr. Neagle’s comments. Former Agriculture Extension Director Judy Wakefield advised their volunteerism has been appreciated over the years. February 3, 2004 2 5.B. PPDM RESENTATION OF ROCLAMATION ESIGNATING THE ONTH OF F2004LAM EBRUARY AS IBRARY PPRECIATION ONTH Commissioner Macht extolled the accomplishments of our wonderful library and lauded its genealogy program. He read the Proclamation and presented it to Library Directors Mary Snyder (Main) and Lynn Walsh (North County) who accepted with appreciation to the Commission for all their support past, present and future. 5.C. PPDF8, RESENTATION OF ROCLAMATION ESIGNATING EBRUARY 2004FCD AS OUR HAPLAINS MEMORIAL AY Vice Chairman Neuberger read the Proclamation which was presented to Mr. Ernest Heaton, a survivor of the USAT Dorchester. Ernest Heaton accepted and advised that 61 years ago today at 6 am the Escanaba Coast Guard Cutter picked him up as a survivor of the torpedoed Dorchester. He witnessed the four chaplains working together to save the lives of his crewmen. He thanked the Board for putting aside the day to honor these four men, the bravest he has ever known. John Michael Matthews , president of the Veterans Council, invited everyone to attend the memorial service on Sunday, February 8, 2004 at 2 pm to honor the survivors of the Dorchester. This is a great story of heroism and sacrifice. He was proud to be one of the 20 living survivors. Joe Martorana, public relations officer for the Veterans Council, extended appreciation to the Board and staff for their cooperation with the Council over the years in all their endeavors. February 3, 2004 3 CLERK’S NOTE: Chairman Ginn requested and received agreement to move Item 8.A. ahead of Item 5.D. These minutes have been written in the order the items appeared on the agenda. 5.D. PJGS1&2 RESENTATION BY ONATHAN ORHAM ON THE ECTORS MRP ITIGATION EEF ROJECT Coastal Resource Manager Jonathan Gorham introduced the presenter James Gray from the County’s Coastal Engineering Division. Coastal Engineer James Gray reviewed a PowerPoint outline showing our location, design, and proposed construction plan, as well as aerial color photographs of a similar reef project at the South Inlet Park in Boca Raton. Construction is anticipated to begin in May with completion expected by early September. The contractor is Wilkinson and Jenkins Construction and the project cost will be $4,216,000 with 74% paid by the State of Florida and 26% local funding. This 5.2-acre limestone reef will be about 1,500 feet south of South Beach Park about 600 feet offshore in water about 15-18 feet deep. (A copy of the presentation is on file with the backup in the office of the Clerk to the Board.) 6.A. APPROVAL OF MINUTES None. 7. CONSENT AGENDA 7.A. R EPORTS 1. Report of Convictions, December, 2003 February 3, 2004 4 2. Sheriff’s DUI Impoundment and Immobilization Trust Fund Report for the st 1 Quarter of Fiscal Year 2004 3. Fellsmere Water Control District Financial Audit and Financial Report for Year Ended 09/30/03 7.B. AW PPROVAL OF ARRANTS ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved the list of warrants issued by the Clerk to the Board for the period January 9-15, 2004, as requested in the memorandum dated January 15, 2004. 7.C. AW PPROVAL OF ARRANTS ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved the list of warrants issued by the Clerk to the Board for the period January 16-22, 2004, as requested in the memorandum dated January 22, 2004. 7.D. 2004EEDC(EDC) LECTION OF CONOMIC EVELOPMENT OUNCIL CJKVCL HAIRMAN AMES RETSCH AND ICE HAIRMAN INDA S-G CHLITTONZALEZ The above election has been made a part of the record. February 3, 2004 5 7.E. 2004EPLAB(PLAB) LECTION OF UBLIC IBRARY DVISORY OARD CMTVCDG HAIRMAN ILT HOMAS AND ICE HAIRMAN ONNA REEN The above election has been made a part of the record. 7.F. 2004EPSA LECTION OF ROFESSIONAL ERVICES DVISORY C(PSAC)CPRV OMMITTEE HAIRMAN ETER OBINSON AND ICE CWD HAIRMAN ARREN ILL The above election has been made a part of the record. 7.G. 2004EESDA LECTION OF MERGENCY ERVICES ISTRICT DVISORY C(ESDAC)CFCV OMMITTEE HAIRMAN RANK OFFEY AND ICE CCJ HAIRMAN OLLEEN EEVES The above election has been made a part of the record. 7.H. 2004ECPO(COPO) LECTION OF OUNCIL OF UBLIC FFICIALS CSBVCJB HAIRMAN ANDRA OWDEN AND ICE HAIRMAN OE ARCZYK The above election has been made a part of the record. February 3, 2004 6 7.I. CDBG(CDBG)C OMMUNITY EVELOPMENT LOCK RANT ITIZENS ATF–AEL(V DVISORY ASK ORCE PPOINTMENT OF FFIE YLES ACANCY C LEFT BY OMMISSIONER WHO FORMERLY SERVED AS A VOTING ) MEMBER ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously appointed Ms. Effie Lyles to the CDBG Citizens Advisory Task Force, as recommended in the memorandum of January 22, 2004. 7.J. 2004EB&SPA LECTION OF EACH HORE RESRVATION DVISORY CCRSVCB OMMITTEE HAIRMAN ALPH EXTON AND ICE HAIRMAN ETH M ITCHELL The above election has been made a part of the record. 7.K. 2004EAAC(AAC) LECTION OF GRICULTURE DVISORY OMMITTEE CMSVCRA, HAIRMAN ARK ANCHEZ AND ICE HAIRMAN OBERT DAIR J. R The above election has been made a part of the record. February 3, 2004 7 7.L. 2004EMPO LECTION OF ETROPOLITAN LANNING RGANIZATION TAC(MPOTAC)CB ECHNICAL DVISORY OMMITTEE HAIRMAN OB KVCCM EATING AND ICE HAIRMAN HRIS ORA The above election has been made a part of the record. 7.M. CVBVPFG– ITY OF ERO EACH ISIONING ROCESS OCUS ROUP AIVSB’ PPOINTMENT OF TAL ERON TO ERVE AS THE OARDS E-OR XFFICIO EPRESENTATIVE ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously appointed Mr. Ital Veron to serve as the Board’s ex-officio representative on the Vero Beach Visioning Process Focus Group. 7.N. 2004ECEB(CEB) LECTION OF ODE NFORCEMENT OARD CKZVCC HAIRMAN ARL IMMERMANN AND ICE HAIRMAN LIFF S UTHARD The above election has been made a part of the record. 7.O. WSVWAPC– EST IDE ILLAS ATER SSESSMENT ROJECT ONTRACT M,M&R-WON.1 ASTELLER OLER EED ORK RDER O February 3, 2004 8 ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved Work Order No. 1 from Masteller, Moler & Reed, as presented and recommended in the Memorandum of January 19, 2004. WORK ORDER WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 7.P. AMLIRF NNUAL EETING OF ANDOWNERS OF NDIAN IVER ARMS WCD–ADE.G ATER ONTROL ISTRICT PPOINTMENT OF AVID UNTER P AS ROXY ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously appointed David E. Gunter, the District’s Secretary/Treasurer, as the proxy for the Board and authorized the necessary proxies to be completed and mailed to the Indian River Farms Water Control District in sufficient time for the annual meeting, as recommended in the memorandum of January 19, 2004. 7.Q. PVCRC AYMENTS TO ENDORS OF OURT ELATED OSTS List of payments noted for the record. February 3, 2004 9 7.R. RN.2004-014–PA–TR ESOLUTION O ROPERTY CQUISITION AX OLL R–ACC,LLC–PID EMOVAL MERITREND OMMERCE ENTER ARCEL #33-38-01-00001-0120-00005.0 ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously adopted Resolution No. 2004-014 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. nd (82 Avenue – Ameritrend Commerce Center, LLC) 7.S. B#6043–DCS–L ID EMOLITION OF ONDEMNED TRUCTURES OOMER C,I. ONSTRUCTION NC ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously awarded Bid #6043 to Loomer Construction, Inc. in the amount of $6,749.00, as recommended in the memorandum dated January 23, 2004. 7.T. B#6046–DCS–J ID EMOLITION OF ONDEMNED TRUCTURES OHN O’C(400621A,472534A,415528 STTHTH ONNELL VENUE VENUE AND A) VENUE February 3, 2004 10 ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously awarded Bid #6046 to John O’Connell in the total amount of $13,290.00, as recommended in the memorandum dated January 23, 2004. 7.U. PTS–CB-ATSP AY ELEPHONE ERVICES OUNTY UILDINGS AY P,I. HONES NC ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously authorized the County Administrator or his designee to execute agreements on behalf of the County for Pay Telephone Services. Spending level commitments for all such agreements in force at any given time shall not exceed a total of $5,000 per year unless further Board approval is secured, as recommended in the Memorandum dated January 26, 2004. DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.V. RN.2004-015–RLF ESOLUTION O EVISED OCALLY UNDED A(LFA)FD GREEMENT WITH THE LORIDA EPARTMENT OF T(FDOT)R--WA RANSPORTATION FOR IGHTOFAY CQUISITION FOR 16/17SRWP THTH THE TREET OAD IDENING ROJECT ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously adopted February 3, 2004 11 Resolution No. 2004-015, approving a locally funded agreement with the Florida Department of Transportation to fund a portion of the local match for right-of-way thth acquisition associated with the 16/17 Street widening project. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.W. FPALLPII-CII-D INAL LAT PPROVAL FOR INDSEY ANES HASES AND S–CCR UBDIVISION ONTRACT FOR ONSTRUCTION OF EQUIRED I–GHOVBV,I.() MPROVEMENTS ERO EACH NC OFF SITE AND ON SITE ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously granted final plat approval for Lindsey Lanes Phases II-C and II-D (No. SD-98-06-06-CFC \[98010101-37043\] and SD-98-06-06-CFCOFFSITE \[98010101-37043\]), authorized the Chairman to execute the submitted Contracts for Construction with GHO Vero Beach V, Inc. of remaining required improvements, and accepted the security arrangement, as recommended in the Memorandum of January 22, 2004. COPIES OF CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD February 3, 2004 12 7.X. FDC–FPA IRST EVELOPERS ORPORATION INAL LAT PPROVAL FOR APS(CS)– MERICANA LAZA UBDIVISION OMMERCIAL UBDIVISION CCRI ONTRACT FOR ONSTRUCTION OF EQUIRED MPROVEMENTS ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously granted final plat approval for Americana Plaza, authorized the Chairman to execute the submitted Contract for Construction of Required Improvements (No. SD-03-05-14-CFC \[99090187\]) with First Developers Corporation, and accepted the security arrangement, as recommended in the Memorandum dated January 22, 2004. COPY OF CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.Y. C’SAC’AR HILDRENS ERVICES DVISORY OMMITTEES NNUAL EPORT FY2002-2003PFY2003-2004 AND ROGRAMS FOR ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved the Annual Report of the Children’s Services Advisory Committee for FY 2002-2003, as requested in the memorandum of January 20, 2004. February 3, 2004 13 7.Z. O--CTCA UTOFOUNTY RAVEL FOR OMMISSIONERS TO TTEND LD–M24,2004T EGISLATIVE AY ARCH IN ALLAHASSEE ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved out-of-county travel for the Commissioners to attend Legislative Day in Tallahassee on March 24, 2004, as requested in the memorandum of January 27, 2004. 7.A.A. SDH,L.L.C.–FPA HOWCASE ESIGNER OMES INAL LAT PPROVAL APPD-CC FOR NSLEY ARK ONTRACT FOR ONSTRUCTION OF RS EQUIRED IDEWALKS ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously granted final plat approval for Ansley Park and authorized the Chairman to execute the Contract for Construction of Required Sidewalk Improvements, as recommended in the memorandum dated January 19, 2004. COPY OF CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD February 3, 2004 14 7.B.B. CSV“C”P.D.(P1P2)– ITRUS PRINGS ILLAGE HASE AND HASE MCCR ODIFICATION TO ONTRACTS FOR ONSTRUCTION OF EQUIRED SI–TSP IDEWALK MPROVEMENTS HE UNTREE ARTNERS (CDEO28,2004) OMPLETION ATES XTENDED TO CTOBER ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously authorized the Chairman to execute the Modifications to Contract for Construction of Required Improvements No. PD-01-02-08-CFCSIDE-C1 (Phase 1) (99100114-27447) and PD-01-02-08-CFCSIDE-C2 (Phase 1) (99100114-27447) with The Suntree Partners extending the completion date under each to October 28, 2004, and reducing the security in Phase 1 to $25,600.73 and in Phase 2 to $27,182.10, as recommended in the memorandum of January 20, 2004. COPY OF CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.C.C. S-BJBV HERIFF UREAU OF USTICE ULLETPROOF EST PGP ARTNERSHIP RANT ROGRAM ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved requesting grant dollars for the purchase of replacement bulletproof vests through the U. S. Department of Justice, February 3, 2004 15 Bureau of Justice Assistance Bulletproof Vest Partnership Program, as requested in the letter of January 28, 2004. 7.D.D. 2004ECBA LECTION OF ONSTRUCTION OARD OF DJUSTMENT AND A(CBAA)CDLVC PPEALS HAIRMAN EAN UETHJE AND ICE HAIRMAN PR ETER OBINSON The above election has been made a part of the record. 7.E.E. RNO.2004-016–MB ESOLUTION ISCELLANEOUS UDGET A005 MENDMENT ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously adopted Resolution No. 2004-016 amending the fiscal year 2003-2004 budget. 7.F.F. FCFBW LOODPLAIN UT AND ILL ALANCE AIVER FOR HCALFD–(HR ARBORHASE AND UPLEXES ARBOR ETIREMENT A,I.) SSOCIATES NC ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously granted the cut and fill balance waiver request, as recommended in the Memorandum of January 15, 2004. (Alternative No. 1.) February 3, 2004 16 TH 8.A. CHIEF JUDGE CYNTHIA ANGELOS OF 19 JUDICIAL CIRCUIT – ADDRESS TO COMMISSION CONCERNING ARTICLE V, REVISION 7 Chairman Ginn moved this item ahead of Item 5.D. and the Consent Agenda in order to not detain the judges who were present on this matter. Chief Judge Cynthia Angelos introduced the judges who had joined her to show their concern and support for State funding of the court system. Florida judges are concerned that the judicial branch of government will not be funded as of July 1, 2004. She urged the Commissioners to join the judges to help convey to local state representatives that their budget needs adequate funding. A film entitled Freedom was shown regarding the Florida Court System and how Revision 7 Article V will affect the system and what has happened in other states with reduced budgets. The film urged everyone to contact their representatives without delay. Judge Angelos specified that the budget cuts proposed by Governor Jeb Bush will affect Family Court and how staff (pro se coordinators) that helps judges move cases along would be lost. A loss there will put an extra load on the judges who already have too many cases. Judge Burton Connor , a St. Lucie County resident, reviewed his handout. (copy on file with the backup in the Office of the Clerk to the Board.) He stressed the importance of understanding that the Family and Juvenile Division comprises almost half the caseload in our Circuit Courts. Many of these cases are handled pro se and no attorney is required. It is important to have the self-help funding, otherwise those cases would fall on the judges and slow down other cases. He further pointed out that family and juvenile cases last for a longer time than others and the state court system is 300 judges behind where it ought to be. He urged the Commissioners to use their political strength. February 3, 2004 17 All the Commissioners gave assurances that they are working through the Florida Association of Counties and are very actively pursuing the Legislature to have courts fully funded. 8.B. SUPERVISOR OF ELECTIONS KAY CLEM – PRECINCT BOUNDARY CHANGES – PAPER RECEIPTS COMMENTS Supervisor of Elections Kay Clem reviewed her memorandum of January 26, 2004. She also advised that another annexation was received yesterday. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously approved the precinct boundary changes as presented and requested by Supervisor of Elections Kay Clem. Mrs. Clem then addressed the issue of paper receipts that surfaced recently at the state level. She explained in detail why she believed our county should not consider providing paper receipts. Her recommendation included information as to how it might be done and the estimated additional costs. She specified that the brand of election machines in Indian River County has safeguards against blank ballots. She urged the Board to contact our Legislators so that this will not be another unfunded state mandate that, in our county, is unnecessary. She urged the Board not to listen to the proponents of paper receipts because our touch screen machines have performed in elections without question or difficulty. It will be an issue with the Legislators and she hoped the Commissioners would support her department with the Florida Association of Counties. Commissioners agreed that Indian River County has a great system. February 3, 2004 18 9.B.1. PUBLIC DISCUSSION ITEM - REQUEST FROM JEFF HICKMAN TO DISCUSS THE EFFECTS OF CONSTRUCTION ON THE NEIGHBORS AND HOW TO MINIMIZE THE NEGATIVE IMPACTS OF GROWTH th Jeff Hickman , 7600 134 Street, read from prepared remarks (copy is on file with the backup in the Office of the Clerk to the Board). He spoke of the adverse affects on residents from noise, air pollution, and debris on the roadways caused by new development construction. At present, there are no restrictions on developers. He asked the Commission to work on legislation to help control these negative impacts and make developers responsible for picking up after themselves. Discussion ensued on dust, noise including trucks having backup beeping, unused cement dumped on roadways, and unsecured or uncovered trucks on the roadways. Renee Renzi, 340A Waverly Place, suggested a hefty performance bond be required of developers. There was CONSENSUS that staff would look into these concerns and report back to the Board at a future meeting on how to minimize these negative impacts. 9.B.2. PUBLIC DISCUSSION ITEM – REQUEST FROM RICHARD H. BAKER TO DISCUSS GROWTH ISSUES IN INDIAN RIVER COUNTY Dr. Richard H. Baker , president of Indian River County Audubon Society, advised he was joined by George L. Christopher, president of Riomar Neighborhood Association, February 3, 2004 19 Inc., and read from written prepared remarks (copy is on file with the backup in the Office of the Clerk to the Board). He applauded the Board’s decision to reexamine the impact fees and Comp Plan and their recognition that something needs to be done soon. He urged them to promptly enact interim development controls on any new rezoning requests, subdivision approvals, or site plan approvals for both single- and multi-family residential developments. He specified that construction on individual lots held by homeowners should be exempt. It is reasonable to assume that rapid growth will accelerate before other controls can be put in place. He predicted the public would applaud their controls. He listed ten concerns that the visioning process needs to address. He cited a U.S. Supreme Court ruling that upheld a 32-month moratorium in a Lake Tahoe case (535 U.S. 302,337) and urged them to put a moratorium in place immediately. He mentioned that others in the community had called him and wanted to be included as being in support of this request. He mentioned several other homeowner associations that wished to be included in this recommendation. George L. Christopher, 945 Painted Bunting Lane, advised that his Riomar neighborhood organized approximately two months ago because of their concern for growth in the city and the county. They now have 600 dues-paying members from all over the county; everybody has been calling to express concern. He urged the Board to do this right and then proceed as correctly and as quickly as possible. Chairman Ginn advised she had a list that showed there are 22,291 units somewhere in the “planning world” for our county. She wanted staff to evaluate that list and give the Board an accurate report within the next two weeks of what is on the horizon. Community Development Director Bob Keating noted he had received the list from Chairman Ginn the previous day, and, although he had not had an opportunity to study it in detail, he and Planning Division Director Stan Boling saw that some of the developments were double counted; others reflect rezonings where staff looks at the maximum number of lots that could occur and, most of the time, the actual yield is about half that number. Also, February 3, 2004 20 several are within municipal boundaries where the Board has no control. They will look at the list in more detail and report more fully. Mr. Christopher specified that Ralph King prepared the list based on an October report published by the County and from reports appearing in the Press Journal. Chairman Ginn specified that Director Keating’s report should eliminate any developments planned by the municipalities. She asked for that report to be prepared as quickly as possible. She also thought public workshops should be held. There was CONSENSUS to agree to Chairman Ginn’s requests. Director Keating advised that the review process has begun. A big part of that is a visioning process to look at the current Comp Plan and see if and how it needs to be changed. The Commissioners will see a scope of services for the long-range transportation plan project at their next MPO meeting. The Technical Advisory Committee considered it about two weeks ago and has asked for additional time. Staff is recommending that the MPO meeting scheduled for Wednesday, February 11th be postponed a couple of weeks. Discussion and suggestions ensued concerning lowering densities, where higher densities should be located, changing the LDR’s, and moving the urban service area. Chairman Ginn reminded everyone of the workshop tomorrow with the School Board at the Indian River Community College Richardson Center (Mueller Campus). Chairman Ginn called a 5-minute recess at 10:28 a.m. The meeting was reconvened at 10:37 a.m. with all members present. 9.B.3. PUBLIC DISCUSSION ITEM – REQUEST FROM BRIAN T. HEADY TO SPEAK ABOUT HIS EXPERTISE REGARDING IMPACT FEES February 3, 2004 21 Brian Heady , Vero Beach, stressed that tourism and agriculture are our two sources of revenue and paving over agriculture is not a good idea. Costs for infrastructure have impacted those who have been living here because we have paid for them. He asserted that the County has failed to provide an impact fee for the new lots and developments coming to the Board. His idea was to charge the highest impact fees and he was told it could not be done. The growth numbers are part of the public record and we need to impose impact fees sooner, not later. Development impact has been a negative impact on this county and a lot of residents are very concerned about it. NO ACTION REQUIRED OR TAKEN. 9.C.1. PUBLIC NOTICE ITEM – SCHEDULED FOR PUBLIC HEARING ON FEBRUARY 10, 2004 ANORDINANCEOFTHEBOARDOFCOUNTY COMMISSIONERSOFINDIANRIVERCOUNTY,FLORIDA, AMENDINGSECTION200.30.01–THEEASTGIFFORD WATERSHEDAREAMUNICIPALSERVICEBENEFITUNIT Chairman Ginn read the above into the record. 11.A. RESOLUTION NO. 2004-017 – ADOPTION OF REVISED FEE SCHEDULES FOR PLANNING, ZONING AND ENGINEERING APPLICATION AND PERMIT REVIEW ACTIVITIES – ADOPTION OF POLICY GUIDELINE TO REVISIT EVERY FOUR YEARS February 3, 2004 22 Planning Division Director Stan Boling reviewed a memorandum of January 13, 2004. He advised that the last increase of planning and zoning related application review fees was in 1990 and it is time to consider updating them. He recommended adoption of the proposed planning and zoning and engineering fee schedules with an effective date of March 1, 2004 (to accommodate those already in process), and adoption of a policy guideline to revisit and update planning and zoning and engineering related fees every four years. He described the process used by staff to make their recommendation. Their proposed fees were brought to the Professional Services Advisory Committee and their recommended changes have been made. He stressed that these are review fees, and not impact fees. Discussion ensued regarding the CPI increase, depth of review, additional regulations, time increase, volume of applications, actual costs, and cost recovery. This is administrative and needed to cover costs which is the reason it was being done without a public hearing. Acting County Administrator Baird specified that regulations have increased the costs and the burden is now on the taxpayers. ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously adopted the proposed planning and zoning, and engineering fee schedules with an effective date of March 1, 2004, and adopted a policy guideline to revisit and update planning and zoning, and engineering related fees every four years, as recommended by staff; and adopted Resolution 2004-017 establishing revised fee schedules for planning and zoning and engineering application and permit review activities. . February 3, 2004 23 11.I.1. OSLO ROAD BRIDGE AND ROADWAY WIDENING (EAST OF TH 20 AVENUE – ENGINEERING SERVICES AMENDMENT NO. 3. – KIMLEY HORN INC. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Lowther, to approve staff’s recommendation. rd Bob Johnson Under discussion, expressed concerns about the Oslo Road and 43 Avenue project, which he considered to be a critical intersection. He asked if there are incentives for early completion in the contract. Public Works Director James Davis responded that this item does not pertain to Oslo thrd Road at that location; this one is east of 20 Avenue. The 43 Avenue project is 6 months for construction time, a pretty tight time frame; there are late penalties but no incentives per se. Traffic movement will be maintained. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. (Approved Amendment No. 3 in the amount of $70,800 to the Professional Engineering/Land Surveying Services Agreement with Kimley-Horn and Associates, Inc., as recommended in the memorandum dated January 26, 2004.) AMENDMENT NO. 3 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.2. MURPHY ACT RESERVATION AND RELEASE MAPPING PROJECT – NICK MILLER, INC. – FINAL PAYMENT AND RELEASE OF RETAINAGE FOR PROFESSIONAL SERVICES AGREEMENT – PROJECT NO. 0360 February 3, 2004 24 ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved Nick Miller, Inc.’s request for final payment and release of retainage in the amount of $21,200 and authorized the Chairman to execute same, as recommended by staff. (Alternative No. 1) DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 11.I.3. PELICAN ISLAND NATIONAL WILDLIFE REFUGE UPLAND RESTORATION PROJECT – PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES AGREEMENT WITH BRAD SMITH ASSOCIATES, INC. – PROJECT NO. 0386 ON MOTION by Commissioner Adams, SECONDED by Vice Chairman Neuberger, the Board unanimously approved the Professional Landscape Architectural Services Agreement with Brad Smith Associates, Inc. and authorized the Chairman to execute same, as recommended by staff in the memorandum dated January 28, 2004. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD February 3, 2004 25 11.J.1. RFQ 6037 – CONTINUING CONSULTING SERVICES FOR DEPARTMENT OF UTILITY SERVICES – SELECTION OF FIRMS - BROWN AND CALDWELL, CDM, KIMLEY-HORN AND ASSOCIATES, INC., MASTELLER AND MOLER, INC., PBS&J, SCHULKE, BITTLE AND STODDARD, L.L.C., AND WCG/NEEL-SCHAFFER, INC., Utility Services Department Capital Projects Manager Mike Hotchkiss reviewed his memorandum dated January 19, 2004, advising that the selection committee had chosen 7 firms from the 19 responses. The firms were ranked based on their qualifications. If the Commission approved the recommendation, staff would bring back agreements for the seven firms for three (3) years with an option for three (3) additional years each. ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously authorized staff to proceed with negotiations for a three (3) year contract with a three (3) year contract renewal, for continuing services for utility projects with Brown and Caldwell, CDM, Kimley-Horn and Associates, Inc., Masteller and Moler, Inc., PBS&J, Schulke, Bittle and Stoddard, L.L.C., and WCG/Neel-Schaffer, Inc., as recommended in the memorandum dated January 19, 2004. RFQ DOCUMENTS FOR SELECTED FIRMS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD February 3, 2004 26 11.J.2. ST. LUCIE COUNTY’S REQUEST FOR INTERLOCAL AGREEMENT – EMERGENCY SHARING OF WATER AND SEWER Utility Services Director Erik Olson reviewed his memorandum of January 29, 2004, concerning a request from St. Lucie County to consider furnishing bulk utilities for a temporary period of time. He explained it is prudent to have interlocal agreements with nearby departments for emergency needs. An 8-year old agreement we currently have with St. Lucie County is unique in that it covers emergency utilities services and what could be perceived as long term use. He recommended the contract be modified to limit the intent of the agreement to an emergency interconnect only, and not commit to ongoing wholesale bulk utilities. Acting County Administrator Baird concurred with Director Olson’s recommendation. Chairman Ginn, Vice Chairman Neuberger, Commissioners Adams, Lowther, and Macht stated their reasons for supporting the recommendation. MOTION WAS MADE by Commissioner Macht, SECONDED by Commissioner Adams, to approve staff’s recommendation. Bob Johnson , Coral Wind Subdivision, spoke in favor of staff’s recommendation. Discussion ensued. The Chairman CALLED THE QUESTION and the motion carried unanimously. (The Interlocal Agreement shall be modified to limit the intent of the agreement as being limited February 3, 2004 27 as an emergency interconnect only, with no commitment to ongoing wholesale bulk utilities.) 13.D. COMMISSIONER THOMAS S. LOWTHER – DISCUSSION REGARDING COUNTY POLICY ON HIRING RELATIVES OF EMPLOYEES It was noted that Chairman Ginn provided for the backup (1) Section 101.08 (Board-Employee Relations) from the Indian River County Code and (2) 2 pages from the Indian River County Administrative Policy Manual Number AM-202.2 from the Section on Personnel regarding Nepotism. Commissioner Lowther noted our nepotism policy is dated back to 1993 and he felt there was a problem in that policy about which he had met with Acting County Administrator Baird, County Attorney Collins, and Executive Aide to the Board Kimberly Massung. He suggested this and other policies in the manual be scrutinized and perhaps updated. He explained his concerns regarding the hiring of a family member. Acting County Administrator Baird stated that the goal is to try to hire the best applicant for a position but conflicts need to be considered as well as trying to transfer employees whose positions are eliminated. He explained why some recent decisions were made, about the need to consider other issues, and the desire to be fair. The manual states that the County Administrator has the ability to step in if he perceives a conflict. He stated that the nepotism policy is being studied for possible re-write to insert that an employee cannot contact the department to which a relative is applying. Chairman Ginn believes we have a professional way of hiring and the policy does not require much re-writing because it is very strong. February 3, 2004 28 Commissioner Macht recalled nepotism difficulties in the 1990s. We do have a good policy that ought to be enforced and strengthened. He suggested the addition of “not related to employment” to the end of Section 101.08 of the Code. Discussion ensued. Acting County Administrator Baird stated the policy would be brought back for the Board’s consideration. (CLERK’S NOTE: POLICY AMENDED EFFECTIVE 3/17/04. COPY ON FILE WITH THE BACKUP FOR THIS MEETING.) 13.E. COMMISSIONER KENNETH R. MACHT – INDIAN RIVER COUNTY EXTENSION SERVICE LISTENING SESSION Commissioner Macht reported that the listening session was very interesting; and the emphasis was more toward over-development than agriculture. There is a plan to expand this to workshops to involve the greater community. He called attention to page 239 of the backup under paragraph 3 because it concerns almost everything heard today regarding too rapid development and other issues. He thought it would be mutually beneficial to tighten our relationship with the County Extension Office and would be important for conducting public workshops. Chairman Ginn suggested the Commissioners might want to keep page 239 to use as a reference when we have workshops on growth. Dr. David Cox , 9495 Periwinkle Drive, commented on growth and growth management. His first concern was the kind of direction the Board might give staff in response to the desire for temporary growth controls. Second, he was concerned that the upcoming MPO long-term transportation plan update mandated by the State will overshadow in some ways the emergence of a visioning process that would really focus on February 3, 2004 29 land use issues. Also, there are continuing concerns of many people whether the Comp Plan really reflects what the people want. He had received assurances from Mr. Keating that transportation would not drive the visioning process. Both Chairman Ginn and Commissioner Macht gave assurances it would not. Dr. Cox’s point was to focus on growth management and not have the tail wag the dog. The Comp Plan reflects where the county was 20 years ago, not where we are today. The Plan does get revised but the fundamental framework was instituted back then. Developers perceive that there will be tighter regulations or a different game plan. Applications will be coming forward and he hoped that action is taken quickly to maintain orderliness in the process. 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 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:39 a.m. February 3, 2004 30 ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman Minutes Approved: _________________ BCC/PMR/MINUTES February 3, 2004 31