HomeMy WebLinkAbout02/08/2005INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF FEBRUARY 8, 2005
1. CALL TO ORDER........................................................................................1
2. INVOCATION...............................................................................................1
3. PLEDGE OF ALLEGIANCE......................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS............................................................................................................2
INTRODUCTION OF ASSISTANT COUNTY ADMINISTRATOR —
MICHAELZITO..........................................................................................2
5.A. RECREATION DEPARTMENT PRESENTATION BY
DIRECTOR CLIFFORD CRAWFORD....................................................2
5.B. GROWTH AWARENESS COMMITTEE (GAC)
PRESENTATION BY JOSEPH PALADIN..............................................3
6. APPROVAL OF MINUTES........................................................................5
February 8, 2005
7. CONSENT AGENDA...................................................................................5
7.A. APPROVAL OF WARRANTS- JANUARY21 - 27,2005 ..................................................5
7.B. CLERK OF THE CIRCUIT COURT INVESTMENT ADVISORY COMMITTEE
QUARTERLYREPORT - OCTOBER 1, 2004 THRUDECEMBER 31, 2004 .......................6
7.G AGRICULTUREADVISORYCOMMITTEE (AAC)—2005ELECTION- CHAIRMAN
BOB ADAIR AND VICE CHAIRMANMARK SANCHEZ................................................... 6
7.D. PRIMARY CARE PUBLIC HEALTH COMMITTEE CHAIRMAN- 2005 ELECTION -
MICHELE KIESEL AND VICE CHAIRMANKARENDEIGL............................................. 6
7.E. RESOLUTIoNN6.2005-012 ADDING Two NEWMEMBERSToTHE
PROFESSIONAL SERVICESADVISORY COMMITTEE FOR A TOTAL OF H
MEMBERSAND THREEALTERNATESI(ENVIRONMENTAL EXPERTISE).....................6
7.F. ANTHEMLAKES AT TRILLIUM- CONTRACT FOR CONSTRUCTION OF REQUIRED
SIDEWALKIMPROVEMENTS - CASHDEPOSIT ESCROWAGREEMENT - GHO
VEROBEACH VIII, INC............................................................................................... 7
7.G. LEGEND LAKES, P.D. PHASE H- CONTRACT FOR CONSTRUCTION OF
REQUIRED SIDEWALKIMPROVEMENTS - CASHDEPOSIT ESCROWAGREEMENT
-SMIGIEL PARTNERSAII LTD.................................................................................. 7
7.H. TOWNHOUSESATTRILLIUM- CONTRACTFORCONSTRUCTION OFREQUIRED
SIDEWALKIMPROVEMENTS - CASHDEPOSIT ESCROWAGREEMENT - GHO
VEROBEACH VIII, INC............................................................................................... 8
7.L CITRUSSPRINGS VILLAGE "C"P.D.—SECONDMODIFICATIONOFCONTRACT
FOR CONSTRUCTION OF REQUIRED SIDEWALKIMPROVEMENTS -CASH
DEPOSIT AND ESCROWAGREEMENT THE SUNTREE PARTNERS................................9
U. NATIONAL FLOOD INSURANCE PROGRAM (NFIP) -ANNUAL FLooDPLALv
MANAGEMENT PROGRESS REPORT- COMMUNLTYRATING SYSTEM (CRS)...............9
7.K RESOL UTIONNO. 2005-013 - CAFETERIA PLANAMENDMENT -SUMMARY
MATERIAL MODIFICATION (SMM) - FLEX COMPANYOFAMERICA ....................... 10
9.A.1. PUBLIC HEARING — ORDINANCE NO. 2005-003 —
JEANNETTE M. LIER TRUST VS. INDIAN RIVER COUNTY —
SETTLEMENT REZONING 20.48 ACRES FROM RS -3 TO RS -6
February 8, 2005 2
WITH ACCOMPANYING DEED RESTRICTIONS LIMITING
DENSITY TO THREE UNITS PER ACRE (QUASI-JUDICIAL) ......11
9.B.1. PUBLIC DISCUSSION — BRIAN JOHNSON — CVS
DISTRIBUTION PLANT — 98TH AVENUE............................................12
9.B.2. PUBLIC DISCUSSION - BRIAN T. HEADY — HURRICANE
PREPARATIONS, WARNINGS, AND RECOVERY EFFORTS -
MISCONCEPTIONS..................................................................................13
10.A. COUNTY ADMINISTRATOR'S MATTERS — RESOLUTION
2005-014 — SUPPORTING AN INTERCHANGE AT I-95 AND
OSLOROAD...............................................................................................14
11.C. GENERAL SERVICES — NEW ADMINISTRATION COMPLEX
— BUILDING 2 EXPANSION — DONADIO & ASSOCIATES,
ARCHITECTS, P.A....................................................................................14
1LL1. NEW 53" STREET CROSSING AND LICENSE AGREEMENT
FOR WABASSO ROAD (85TH STREET) - FLORIDA EAST
COAST RAILROAD (FEC)......................................................................15
11.L2. FDOT/FLORIDA EAST COAST (FEC) RAILROAD
REIMBURSEMENT AGREEMENT FOR FDOT 16TH
STREET/17TH STREET WIDENING PROJECT..................................16
11.J.1. MASTER WASTEWATER REPUMP STATION AND
ASSOCIATED OFFSITE PIPING FOR PROPOSED UTILITIES
February 8, 2005 3
OPERATIONS CENTER – BROWN & CALDWELL INC. (B&C)
- AMENDMENT NO.3 WORK ORDER NO. 1 .....................................16
11.J.2. SOUTH COUNTY REVERSE OSMOSIS (RO) FACILITY –
CONCENTRATE DISPOSAL FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) PERMIT
RENEWAL — PROFESSIONAL SERVICES TO
KIMLEY-HORN & ASSOCIATES, INC. (UTILITIES) WORK
ORDERNO.6..............................................................................................17
12.A. RESOLUTION 2005-015 – PROPERTY EXCHANGE WITH MT.
ZION BAPTIST CHURCH FOR NEW COUNTY
ADMINISTRATION BUILDING SITE..................................................17
12.B. POLICY – AGENCIES AUTHORIZED TO APPOINT
ALTERNATES TO VARIOUS COMMITTEES...................................18
12.C. RESOLUTION 2005-016 - FALCON TRACE RIGHT-OF-WAY
EXCHANGE SECOND AMENDED DEVELOPER'S
AGREEMENT - INDIAN RIVER ASSOCIATES, LLLP.....................19
14.A. EMERGENCY SERVICES DISTRICT..................................................19
14.6.1. APPROVAL of MINUTES - DECEMBER 14, 2004 ....................................... 19
14.6.2. APPROVAL OFMINUTEs- JANUARY H, 2005 ........................................... 19
14.6.3. APPROVAL OF MINUTEs - JANUARY 18, 2005 .......................................... 19
14.A.4. RFQ 7035-DEsrGNBuiLD CoNTRA cT RANKrNG, RENovATLONAND
CONSTRUCTION OFEMERGENCYSER vicEs STATIONS -AUTHORIZED
NEGOTIATING wiTHBARTHCONSTRUCTION........................................................... 19
February 8, 2005 4
14.B. SOLID WASTE DISPOSAL DISTRICT — NO MEETING..................19
14.C. ENVIRONMENTAL CONTROL BOARD — NO MEETING..............20
February 8, 2005
February 8, 2005
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1840 251' Street, Vero Beach,
Florida, on Tuesday, February 8, 2005. Present were Chairman Thomas S. Lowther, Vice
Chairman Arthur R, Neuberger, and Commissioners Sandra L. Bowden, Wesley Davis and
Gary C. Wheeler. Also present were County Administrator Joseph Baird, County Attorney
William G. Collins II, Executive Aide to the Board Kimberly Massung and Deputy Clerk
Maria L Suesz.
1. CALL TO ORDER
Chairman Lowther called the meeting to order at 6:00 p.m.
2. INVOCATION
Planning Director Stan Boling delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Wesley S. Davis led the Pledge of Allegiance to the Flag.
February 8, 2005 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Lowther requested the following changes to today's Agenda:
Additional Item 9.A.1.
Letters regarding Lier vs. Indian
Backup:
River County
Add: Item 9.13.2.
Request to speak by Brian T.
Heady — Hurricane preparations,
warnings, and recovery efforts.
Add: Item 10.A.
Resolution supporting
Interchange on I-95 at Oslo Road.
Replace: Item 10.A.
Page 1 of Proposed Resolution
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously made the
above changes to the Agenda.
INTRODUCTION OF ASSISTANT COUNTY
ADMINISTRATOR - MICHAEL ZITO
Michael Zito, Assistant County Administrator, acknowledged the introduction by
County Administrator Joseph Baird stating that he is now a resident of Indian River County
and looking forward to serving as stheir Assistant County Administrator.
5.A. RECREATION DEPARTMENT PRESENTATION BY
DIRECTOR CLIFFORD CRAWFORD
Director of Recreation Clifford Crawford introduced his management staff and
shared statistics emphasizing the need for recreation. He covered the Recreation
Department's mission statement, goals, organization, programs, facilities, challenges, and
responded to questions.
February 8, 2005 2
5.B. GROWTH AWARENESS COMMITTEE (GAC)
PRESENTATION BY JOSEPH PALADIN
Chairman Joseph Paladin of the Growth Awareness Committee (GAC) used a
PowerPoint presentation (CD on file) to give the committee's report on ways to slow the
pace and limit density, and improve the quality of growth, while keeping up with
infrastructure. All recommendations required 100% approval by the committee members
(See the committee's report on pages 2 through 12 in the backup). Affordable housing,
cookie cutter housing, landscaping and a corridor plan will be on the agenda for March 15,
2005 meeting.
Upon Public Works Director Jim Davis's inquiry County Administrator Baird
responded he will investigate the feasibility of creating a municipal services taxing unit
(MSTU) to offset expenses for road grade.
The Chairman opened the floor for public comments.
William Troxell, 916 Orchid Avenue, Town of Orchid, wished this plan was
established three years ago.
Linda Bolton, President of the Indian River Neighborhood Association (IRNA),
congratulated the Board for what Indian River County is doing. Unlike St. Lucie County,
one billion dollars short to build new schools and considering raising property taxes or the
sales tax, Indian River County still has the opportunity to control densities and ability to
make new development pay for itself. Wth the work and courage of the GAC, affordable
housing could become the highlight of Indian River County.
Upon an inquiry made by Adrine Cuffe, 695 43rd Avenue, Mr. Paladin said he set
March 151h as a deadline to have all issues addressed.
February 8, 2005 3
Ital Veron, 280 S. Peppertree Drive, told Mr. Paladin that he has made friends with
those who are wearing the IRNA badge.
Commissioner Caroline Ginn felt Mr. Paladin and his committee members should
be commended.
Chairman Lowther spoke in favor of all that Mr. Paladin presented and felt that they
need to move forward now.
At the request of Doug Cuffe, 695 43rd Avenue, Steve Smith, a local builder and
developer, spoke on behalf of the GAC members saying they would not mind raising the
bar for everybody and are proud to do it.
Ann Berglund, 91147' Avenue, asked for clarification on the number of houses
that will decrease per acre. Mr. Paladin responded that it would depend on the particulars
of the situation and the type of land. He pointed out that they are developing quality and
not just lowering density.
Brian Johnson, Vero Tropical Gardens, wanted to know how the new program
would prevent an industrial park from being developed next to a residential area. Mr.
Paladin did not know how to stop it but he would investigate the situation.
Commissioner Wheeler solicited the GAC to investigate and support a special
legislative act enforcing no expansion of the urban service area.
Mark Brackett, 1915 34th Avenue, a member of the GAC, urged the Board to
decide on the direction they want to take.
Chairman Lowther supported the proposed recommendations and wanted to take
immediate action.
Commissioner Wheeler suggested waiting until March 15th when the committee
would make their final presentation.
February 8, 2005 4
There was CONSENSUS to postpone action until after the
Growth Awareness Committee (GAC) gives their final
report on March 15, 2005.
Community Director Bob Keating called the Board's attention to the fact that
several of the initiatives are already being processed. He was uneasy about implementing
paying impact fees at the time of sale since the County does not trigger a sale, but he
supported the majority of the recommendations.
County Attorney Collins advised they would have to adopt an ordinance to enforce
the payment of impact fees at the time of sale.
Commissioner Wheeler commended Former Commissioner Caroline Ginn for
starting the process on handling growth.
6. APPROVAL OF MINUTES
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of January 4 and 11, 2005.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Minutes of the Regular Meeting of January 4 and 11,
2005, as written and distributed.
7. CONSENT AGENDA
7.A. APPROVAL OF WARRANTS —JANUARY 21 — 27,2005
February 8, 2005 5
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for
January 21 — 27, 2005, as requested.
7.B. CLERK OF THE CIRCUIT COURT INVESTMENT ADVISORY
COMMITTEE QUARTERLYREPORT - OCTOBER 1, 2004 THRU
DECEMBER 31, 2004.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously accepted the
Investment Advisory Committee's Quarterly Report, as
recommended in the memorandum of February 2, 2005.
7.C. AGRICULTUREADVISORY COMMITTEE (AA C) — 2005 ELECTION
- CHAIRMAN BOB ADAIR AND VICE CHAIRMAN MARK SANCHEZ
Election noted for the record.
7.D. PRIMARY CARE PUBLIC HEALTH COMMITTEE CHAIRMAN-
2005
HAIRMAN-
2005 ELECTION - MICHELE KIESEL AND VICE CHAIRMAN
KARENDEIGL
Election noted for the record.
7.E. RESOLUTIONNO. 2005-012 ADDING TwoNEWMEMBERS TO
THE PROFESSIONAL SERVICES ADVISORY COMMITTEE FOR A
February 8, 2005 6
TOTAL OF II MEMBERS AND THREE ALTERNATES
I (ENVIRONMENTAL EXPERTISE)
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously adopted
Resolution No. 2005-012, adding two members to the
Professional Services Advisory Committee.
7.F. ANTHEMLAKESAT TRILLIUM— CONTRACT FOR CONSTRUCTION
OF REQUIRED SIDEWALKIMPROVEMENTS — CASHDEPOSIT
ESCROW AGREEMENT — GHO VERO BEACH VIII, INC.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Contract for Construction for Required Sidewalk
Improvements No. SD-04-0314-SIDECFC
(2002040022-38118) and accompanying Cash Deposit and
Escrow Agreement, authorizing the Chairman of the Board
to execute same, as recommended in the memorandum of
February 1, 2005.
CONTRACT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.G. LEGEND LAKES, P.D. PHASE H —CONTRACT FOR
CONSTRUCTION OF REQUIRED SIDEWALK IMPROVEMENTS —
February 8, 2005 7
CASHDEPOSIT ESCROWAGREEMENT — SMIGIEL PARTNERS XII
L TD.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Contract for Construction of Required Sidewalk
Improvements No. PD -01 -01 -03 -SIDE
(2000080224-38437) and accompanying Cash Deposit and
Escrow Agreement, authorizing the Chairman of the Board
to execute same, as recommended in the memorandum of
February 1, 2004.
CONTRACT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.H. TOWNHOUSES AT TRILLIUM— CONTRACT FOR CONSTRUCTION
OF REQUIRED SIDE WALKIMPROVEMENTS — CASHDEPOSIT
ESCROW AGREEMENT — GHO VERO BEACH VIII, INC.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Contract for Construction of Required Sidewalk
Improvements No. SD-04-06-22-SIDECFC
(2002040022-39349) and accompanying Cash Deposit and
Escrow Agreement, authorizing the Chairman of the Board
February 8, 2005 8
to execute same, as recommended in the memorandum of
February 1, 2005.
CONTRACT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
U. CITRUS SPRINGS VILLAGE "C" P.D. —SECOND MODIFICATION
OF CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK
IMPROVEMENTS — CASH DEPOSIT AND ESCROWAGREEMENT
THE SUNTREE PARTNERS
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Second Modification to Contract for Construction of
Required Sidewalk Improvements No.
PD-01-02-08-CFCSIDE-Cl (99100114-27447) and the
Cash Deposit and Escrow, as recommended in the
memorandum of February 1, 2005.
CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7J NATIONAL FLOOD INSURANCE PROGRAM (NFIP) -ANNUAL
FLOODPLAIN MANAGEMENT PROGRESS REPORT - COMMUNITY
RATING SYSTEM (CRS)
February 8, 2005 9
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
CRS Floodplain Management Annual Progress Report, as
recommended in the memorandum of February 2, 2005.
CONTRACT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.K. REsOLUTIONNo. 2005-013 — CAFETERIA PLANAMENDMENT —
SUMMARYMATERIAL MODIFICATION (SMM) -FLEX COMPANY
nF AMFRT('A
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously adopted
Resolution 2005-013 amending the County Cafeteria Plan.
(CLERK'S NOTE: The Chairman called for a brief recess at 8:05 p.m. and
reconvened the meeting at 8:14 p.m. with all members present.)
February 8, 2005 10
9.A.1. PUBLIC HEARING — ORDINANCE NO. 2005-003 —
JEANNETTE M. LIER TRUST VS. INDIAN RIVER COUNTY —
SETTLEMENT REZONING 20.48 ACRES FROM RS -3 TO RS -6
WITH ACCOMPANYING DEED RESTRICTIONS LIMITING
DENSITY TO THREE UNITS PER ACRE (Quasi -Judicial)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
County Attorney Collins reviewed his memorandum (copy on file) relating to
previous actions of the Board and the proposed settlement. The Lier's had proposed this
settlement to have greater flexibility in site planning individual lots, but they would agree
to limit the maximum density to three units per acre which will accomplish everyone's
objectives.
The Chairman opened the public hearing.
Bill Glynn, 1802 Barefoot Place, President of the North Beach Civic Association,
spoke in favor of the proposed settlement and asked the Board to allow no more than RS -3
zoning in the SR -510 corridor.
William Troxell, 916 Orchid Avenue, Chairman of the Town of Orchid Long
Range Advisory Committee, read a letter (see additional backup) from Orchid's Mayor
Richard Dunlop urging the Board to maintain the RS -3 zoning on this property.
There were no additional speakers and the Chairman closed the public hearing.
Attorney Collins informed the Board that the Lier's Attorney Bruce Barkett felt
strongly there was no evidence to support withholding the RS -6 zoning. After analyzing
February 8, 2005 it
the risk/reward ratio on the proposed RS -6 settlement and the current RS -3 zoning, the
difference would be only 6 units. If the Board refuses the settlement, he warned that the
court could decide the Lier's are entitled to a RS -6 zoning and the difference could be
much greater. He recommended the Board accept the settlement proposal and adopt the
proposed Ordinance.
Chairman Lowther had previously taken a stand against RS -6 but he admitted he
was wrong and changed his decision after hearing that the declaration of restricted
covenant as proposed placed control on the build out. He mentioned he would focus on
strict density zoning along the CR -510 corridor.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously adopted
Ordinance 2005-003 amending the zoning ordinance and
the accompanying zoning map for approximately 20.48
acres located at the southeast corner of C.R. 510 and the
Indian River Lagoon from RS -3 single-family residential
district (up to 6 units/acre), and providing codification,
severability, and effective date.
9.B.1. PUBLIC DISCUSSION — BRIAN JOHNSON — CVS
DISTRIBUTION PLANT — 98TH AVENUE
Brian Johnson, 2220 98h Avenue, Vero Tropical Gardens, handed out (see
additional backup) a map showing the main entrance to the CVS warehouse to be directly
in front of his home. He advised of his concerns including the noise and lights from the
trucks and the industrial park's lighting carrying over into his neighborhood. He presented
the following possible solutions:
February 8, 2005 12
• Proper signage on 98' Avenue directing tractor trailers
• Abandonment of the current 98th Avenue and signing it over to the property
owners; and
• The County buy out the property owners or have CVS buy them out
Mr. Johnson invited everyone to an open house for a barbeque at his home to
assess the situation and to hear his or her own opinions.
Discussion began whereby Commissioner Davis agreed that signage is needed on
98' Avenue and Administrator Baird said he would tend to the matter. The
Commissioners who had visited the neighborhood questioned why this situation was
overlooked.
Planning Director Stan Boling explained in great detail the plans intended for the
current 98th Avenue and the new 98th Avenue regarding berms and buffers. He informed
the Board modifications were made to the pre -application of the original proposal by CVS
to the location of the driveway for security reasons. He pointed out that there is no
limitation on hours of operation at the industrial park.
After an analysis of Mr. Johnson's situation the Board expressed their
dismay, but they had no real solution other than putting in the berms.
NO ACTION WAS TAKEN OR REQUIRED.
9.11.2. PUBLIC DISCUSSION - BRIAN T. HEADY - HURRICANE
PREPARATIONS, WARNINGS, AND RECOVERY EFFORTS -
MISCONCEPTIONS
Brian Heady, Vero Beach, asked for a clarification and assurance that the people
we depend on during the hurricanes were telling the public the truth. He advised the Board
February 8, 2005 13
of the accusations made by the City Manager of Vero Beach that the County was
unprepared and irresponsible during the hurricanes.
Administrator Baird stressed that the County's purpose was to protect the public
and he felt that is what they did. They had conference calls with all the cities and law
enforcement agencies to support each other and to keep everyone aware of the situation.
Commissioner Lowther pointed out there were no deaths in Indian River County
caused by the hurricanes.
NO ACTION REQUIRED OR TAKEN
10.A. COUNTY ADMINISTRATOR'S MATTERS — RESOLUTION
2005-014 — SUPPORTING AN INTERCHANGE AT I-95 AND
OSLO ROAD
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution No. 2005-014, supporting the construction of a
new interchange on Interstate 95 to be located at Oslo Road
in Indian River County.
11.C. GENERAL SERVICES — NEW ADMINISTRATION COMPLEX
— BUILDING 2 EXPANSION — DONADIO & ASSOCIATES,
ARCHITECTS, P.A.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
February 8, 2005 14
expanded design and construction of Building 2, as
recommended in the memorandum of February 2, 2005.
11.I.1. NEW 53" STREET CROSSING AND LICENSE AGREEMENT
FOR WABASSO ROAD (85TH STREET) - FLORIDA EAST
COAST RAILROAD (FEC)
MOTION WAS MADE by Commissioner Davis,
SECONDED BY Commissioner Bowden for discussion, to
accept staff's recommendation.
Discussion began with questions concerning the County's obligation to FEC for
maintaining the railroads. Public Works Director Jim Davis stated that many agreements
with FEC are from the 1950s and 1960s and over the past 5-10 years FEC has been revising
them. He explained the reason FEC has placed conditions on the agreement to make it look
difficult to other communities to obtain a new crossing. The Board learned that FEC has a
standard contract for every county and there is no negotiating.
The Chairman CALLED THE QUESTION the motion
passed unanimously. (The Board approved Alternative No.
1 with conditions imposed by the FEC Railway including
the License Agreement for W. Wabasso Road [W' Street]
and authorized the Chairman to sign same.)
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
February 8, 2005 15
11.L2. FDOT/FLORIDA EAST COAST (FEC) RAILROAD
REIMBURSEMENT AGREEMENT FOR FDOT 16TH
STREET/17TH STREET WIDENING PROJECT
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the Railroad Reimbursement Agreement allowing Railroad
Crossing Improvements at 171' Street and authorized the
Chairman's signature, as recommended in the
memorandum of January 31, 2005.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.11. MASTER WASTEWATER REPUMP STATION AND
ASSOCIATED OFFSITE PIPING FOR PROPOSED UTILITIES
OPERATIONS CENTER — BROWN & CALDWELL INC.
(B&C) - AMENDMENT NO. 3 WORK ORDER NO. 1
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, the Board unanimously approved
Addendum No. 3 to Work Order No. 1 with B&C in the
amount of $79,000 to provide design, permitting and
construction services for the Utilities Operations Complex
and authorized the Chairman to execute the same, as
recommended in the memorandum of January 24, 2005.
February 8, 2005 16
AMENDMENT NO. 3 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.J.2. SOUTH COUNTY REVERSE OSMOSIS (RO) FACILITY –
CONCENTRATE DISPOSAL FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) PERMIT
RENEWAL — PROFESSIONAL SERVICES TO
KIMLEY-HORN & ASSOCIATES, INC. (UTILITIES) WORK
ORDER NO. 6
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, the Board unanimously approved
Work Authorization No. 6 with Kimley-Horn and
Associates Inc., in the amount of $68,000, for assistance in
preparation of South County RO Facility Concentrate
Disposal FDEP Permit Renewal, as recommended in the
memorandum of January 31, 2005.
WORK ORDER NO. 6 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
12.A. RESOLUTION 2005-015 – PROPERTY EXCHANGE WITH MT.
ZION BAPTIST CHURCH FOR NEW COUNTY
ADMINISTRATION BUILDING SITE
February 8, 2005 17
Attorney Collins informed the Board that according to F. S. Section 125.37 the
County is required to publish twice the property exchange with terms and conditions
outlined in a resolution and he asked the Board to adopt the resolution.
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Bowden, by a 4-1 vote, Commissioner
Wheeler opposed, the Board unanimously adopted
Resolution No. 2005-015 approving an exchange of
property with Mount Zion Baptist Church.
0
DEEDS AND TITLE INSURANCE POLICY IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
12.B. POLICY - AGENCIES AUTHORIZED TO APPOINT
ALTERNATES TO VARIOUS COMMITTEES
Attorney Collins informed the Board of the need for a policy decision authorizing
agencies to appoint alternates to attend in the absence of appointee with full power to
participate and vote. Also, the alternate's name should be provided to the Executive Aide.
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board authorized agencies to
submit the names of committee alternates to the Executive
Aide at the beginning of their term, and approved the
appointed alternates to have full power to participate and
vote at those meetings.
February 8, 2005 18
12.C. RESOLUTION 2005-016 - FALCON TRACE RIGHT-OF-WAY
EXCHANGE SECOND AMENDED DEVELOPER'S
AGREEMENT - INDIAN RIVER ASSOCIATES, LLLP
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the second amended developer's agreement and adopted
Resolution 2005-016 approving an exchange of
right-of-way with Indian River Associates, LLLP.
DEED AND SECOND AMENDMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
14.A. EMERGENCY SERVICES DISTRICT
The Chairman announced that immediately upon adjournment, the Board would
reconvene as the Board of Commissioners of the Emergency Services District. Those
Minutes are being prepared separately and are appended to this document.
M.A.1. APPROVAL OF MINUTES — DECEMBER 14, 2004
14.A.2. APPROVAL OF MINUTES - .JANUARY 11, 2005
14.A.3. APPROVAL OF MINUTES — .JANUARY 18, 2005
14.A.4. RFQ 7035 - DESIGN/BUILD CONTRACT RANKING,
RENOVATIONAND CONSTRUCTIONOFEMERGENCYSERVICES
STATIONS —AUTHORIZED NEGOTIATING WITHBARTH
CONSTRUCTION
14.B. SOLID WASTE DISPOSAL DISTRICT — NO MEETING
February 8, 2005 19
14.C. ENVIRONMENTAL CONTROL BOARD — NO MEETING
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 9:11 p.m.
ATTEST:
Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman
Minutes Approved:
BCC/MIS/2005Minutes
February 8, 2005 20