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Home My WebLink About03/16/2004 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF MARCH 16, 2004 1.CALL TO ORDER ........................................................................................ 1 2.INVOCATION ............................................................................................... 1 3.PLEDGE OF ALLEGIANCE ...................................................................... 1 4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS............................................................................................................. 1 5.PROCLAMATION HONORING CHARLES WARD ON HIS RETIREMENT EFFECTIVE FEBRUARY 19, 2004 ............................... 2 6.APPROVAL OF MINUTES ........................................................................ 2 7.CONSENT AGENDA.................................................................................... 2 7.A.R ...................................................................................................................2 EPORTS 7.B.R ...................................................................................................................3 EPORTS 7.C.AW .........................................................................................3 PPROVAL OF ARRANTS 7.D.2004EBZA(BZA)C LECTION OF OARD OF ONING DJUSTMENTS HAIRMAN CMVCWC..................................3 HRISTOPHER ARINE AND ICE HAIRMAN AYNE OMET March 16, 2004 1 7.E.CCGASP’G HAIRMAN AROLINE INN PPOINTED TO ENATOR RUITTS ROWTH TF ................................................................................................................3 ASK ORCE 7.F.AC2004–CAWG.CII ...............4 NNUAL ONTRACT OUNTY TTORNEY ILLIAM OLLINS 7.G.EEDSSD ........................4 XCESS QUIPMENT ECLARED URPLUS FOR ALE OR ISPOSAL 7.H.AB#6005–ABCB,SI WARD ID NNUAL ID FOR ATCH ASINS TORMWATER NLETS -ACI,I.(PW-RB MERICAN ONCRETE NDUSTRIES NC UBLIC ORKS OAD AND RIDGE D) ....................................................................................................................5 IVISION 7.I.AB#6001–ABT-S,JBC WARD ID NNUAL ID FOR HIRTS ERSEYS AND ASEBALL APS –TCCVS’SG– HE HISHOLM ORPORATION OF ERO DBA COTTS PORTING OODS (RD) .....................................................................................5 ECREATION EPARTMENT 7.J.B,M,STDRP AYTREE ARBRISA EAGRAPE RAIL UNE ESTORATION ROJECT #03103–HFS,I.–FRR– ENRY ISCHER AND ONS NC INAL ELEASE OF ETAINAGE (PW) .........................................................................................................6 UBLIC ORKS 7.K.VBI,LLC-NPC ERO EACH NVESTMENTS OTICE OF ROPOSED HANGE TO THE VG/CDRI(DRI) ILLAGE REENOUNTRYSIDE EVELOPMENT OF EGIONAL MPACT DO(D.O.)–PHDS EVELOPMENT RDER UBLIC EARING ATE CHEDULED (CD) ....................................................................................7 OMMUNITY EVELOPMENT 7.L.CP–BRG(S125–I AFETERIA LAN ENEFITS ESOURCE ROUP ECTION NTERNAL RSC)(HR) .....................................................7 EVENUE ERVICE ODE UMAN ESOURCES 7.M.RN.2004-027–MBA007 ESOLUTION O ISCELLANEOUS UDGET MENDMENT (B) ....................................................................................................................8 UDGET 7.N.TCHSC,I.–TC REASURE OAST OMELESS ERVICES OUNCIL NC REASURE OAST HMISP-TSUS ROJECT ECHNICAL UBMISSION FOR THE NITED TATES DHUD(HUD)2003G– EPARTMENT OF OUSING AND RBAN EVELOPMENT RANT FL29B309003(HS) ...........................................................................8 UMAN ERVICES 7.O.PHCWHR ROCLAMATION ONORING HARLES ARD ON IS ETIREMENT EF19,2004 .................................................................................9 FFECTIVE EBRUARY 9.B.1.PUBLIC DISCUSSION ITEM – C. W. CARL – BREEZY VILLAGE SUBDIVISION, INC. OF SEBASTIAN DEED RESTRICTIONS ........................................................................................... 9 March 16, 2004 2 9.B.2.PUBLIC DISCUSSION ITEM – THOMAS EMBRO – REQUEST THTH FOR LOT SPLIT ON 57 STREET WEST OF 66 AVENUE .......... 10 11.A.IMPACT FEE STUDY CONSULTANT - RECOMMENDATION AND FINAL RANKING OF SELECTION COMMITTEE – APPROVAL OF CONTRACT WITH TINDALE-OLIVER & ASSOCIATES, INC. (COMMUNITY DEVELOPMENT) .................... 11 11.B.EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDING AND EXPENDITURES EMERGENCY SERVICES - DIRECTOR JOHN KING AUTHORIZED TO EXECUTE THE DOCUMENTS (EMERGENCY SERVICES).......................................... 13 11.C.RFP #6047 – CONSULTANT SERVICES FOR LIBRARY MASTER PLAN (GENERAL SERVICES) (HARVARD JOLLY CLEES TOPPE, ARCHITECT/RUTH O’DONNELL, LIBRARY CONSULTANT............................................................................................ 14 TH 11.I.1.ROAD MAINTENANCE OF 84 AVENUE SOUTH OF CR 510 (AKA DAVIS ROAD) BRIAN & WESLEY DAVIS – GRAVES BROTHERS GROVES (PUBLIC WORKS) ............................................ 15 11.I.2.EXPANSION OF COUNTY FIRING RANGE – ADDITION OF LAW ENFORCEMENT RANGE REQUESTED BY SHERIFF ROY RAYMOND (PUBLIC WORKS)..................................................... 18 11.I.3.LEGEND LAKES SUBDIVISION – DEVELOPER’S AGREEMENT – SMIGIEL PARTNERS XII, LTD. (PUBLIC WORKS) ....................................................................................................... 18 March 16, 2004 3 11.I.4.KITCHING STATION TRAILHEAD – PROJECT #0219 – AMENDMENT NO. 2 TO DEP (DEPARTMENT OF ENVIRONMENTAL PROTECTION) AGREEMENT NO. S0017 – EXTENSION OF COMPLETION DATE (PUBLIC WORKS) ............ 18 11.I.5.RESOLUTION NO. 2004-028 - COST SHARE AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR CR 510 (WABASSO ROAD) PROJECT DEVELOPMENT AND ENVIRONMENT (PDE) STUDY (PUBLIC WORKS) ..................................................................................... 19 11.J.GREENLEAF SUBDIVISION PETITION WATER SERVICES – THTH 55 COURT SW, SOUTH OF 13 STREET SW – PROJECT NO. UCP-2414 (UTILITIES SERVICES)......................................................... 20 12.COUNTY ATTORNEY – GROWTH TASK FORCE – ST. LUCIE COUNTY CHARETTE .............................................................................. 21 13.ACHAIRMAN CAROLINE D. GINN ......................................................... 23 13.B.VICE CHAIRMAN ARTHUR R. NEUBERGER ................................... 23 13.C.COMMISSIONER FRAN B. ADAMS...................................................... 23 13.D.COMMISSIONER THOMAS S. LOWTHER ......................................... 23 13.E.COMMISSIONER KENNETH R. MACHT ............................................ 23 14.A.1.A.EMERGENCY SERVICES DISTRICT ................................................... 24 March 16, 2004 4 14.A.1..AM–D16,2003........................................24 A PPROVAL OF INUTES ECEMBER 14.A.1..AM–J13,2004 ...........................................24 B PPROVAL OF INUTES ANUARY 14.A.1..AM–F17,2004 .........................................24 CPPROVAL OF INUTES EBRUARY 14.A.2.TPABIR RAINING ARTNERSHIP GREEMENT ETWEEN NDIAN IVER CCESD ................................24 OMMUNITY OLLEGE AND MERGENCY ERVICES ISTRICT 14.B.SOLID WASTE DISPOSAL DISTRICT .................................................. 24 14.B.1.AM–J6,2004 ..............................................24 PPROVAL OF INUTES ANUARY 14.B.2.CD&MK(CDM)–WAN.30– AMP RESSER CEE ORK UTHORIZATION O AESEC NNUAL NGINEERING ERVICES AND NVIRONMENTAL OMPLIANCE A ...............................................................................................................24 SSISTANCE 14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 25 March 16, 2004 5 March 16, 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, March 16, 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 Dr. Norman Pavey, Community Church, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Neuberger led the Pledge of Allegiance to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS March 16, 2004 1 Chairman Ginn requested the following changes to today’s Agenda: 1.Move 5.A. to Consent Agenda as new Item 7.O. 2.Additional backup for Item 11.B.1. 3.Additional backup for Item 11.I.5. 4.Additional backup for Item 14.A.2. 5.Revision Item 7.F. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously made the above changes to the Agenda. 5. PROCLAMATION HONORING CHARLES WARD ON HIS RETIREMENT EFFECTIVE FEBRUARY 19, 2004 Moved to 7.O. 6. APPROVAL OF MINUTES None. 7. CONSENT AGENDA 7.A. R EPORTS Received and placed on file in the Office of the Clerk to the Board: Report of Convictions February 2004 March 16, 2004 2 7.B. R EPORTS Received and placed on file in the office of the Clerk to the Board: State of Florida, Auditor General, Financial, Operational and Federal Single Audit Report of the Indian River County District School Board for FY Ended 06/30/03 7.C. AW PPROVAL OF ARRANTS ON MOTION by Commissioner Macht, SECONDED by Vice Chairman Neuberger, the Board unanimously approved the list of warrants issued by the Clerk to the Board for the period February 27-March 4, 2004, as requested. 7.D. 2004EBZA(BZA) LECTION OF OARD OF ONING DJUSTMENTS CCMVC HAIRMAN HRISTOPHER ARINE AND ICE HAIRMAN WC AYNE OMET The Board noted the above election of officers. 7.E. CCGAS HAIRMAN AROLINE INN PPOINTED TO ENATOR P’GTF RUITTS ROWTH ASK ORCE The Board noted Chairman Ginn’s appointment to Senator Pruitt’s Growth Task Force. March 16, 2004 3 7.F. AC2004–CAWG. NNUAL ONTRACT OUNTY TTORNEY ILLIAM CII OLLINS ON MOTION by Commissioner Macht, SECONDED by Vice Chairman Neuberger, the Board unanimously approved the Employment Agreement with William G. Collins II as presented as an attachment in the memorandum dated March 10, 2004. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.G. EEDSS XCESS QUIPMENT ECLARED URPLUS FOR ALE OR D ISPOSAL ON MOTION by Commissioner Macht, SECONDED by Vice Chairman Neuberger, the Board unanimously declared surplus and authorized the sale and/or proper disposal of the items on the Excess Equipment List; authorized the donation of surplus items to the Association for Retarded Citizens (ARC) as noted on the Excess Equipment List; and requested that the excess equipment be picked up and delivered to the auction that will be held on April 24, 2004 at the Indian River County Sheriff’s Office, as recommended in the memorandum of March 8, 2004. March 16, 2004 4 7.H. AB#6005–ABCB, WARD ID NNUAL ID FOR ATCH ASINS SI-ACI, TORMWATER NLETS MERICAN ONCRETE NDUSTRIES I.(PW-RBD) NC UBLIC ORKS OAD AND RIDGE IVISION ON MOTION by Commissioner Macht, SECONDED by Vice Chairman Neuberger, the Board unanimously awarded Bid #6005 to American Concrete Industries, Inc. as the sole responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid; authorized the establishment of an open end contract for the period of March 16, 2004 through September 30, 2004 with the recommended bidder; and authorized the Purchasing Manager to renew this contract for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, Bidder acceptance and the determination that renewal of this annual contract is in the best interest of Indian River County, as recommended in the memorandum dated March 5, 2004. 7.I. AB#6001–ABT-S,J WARD ID NNUAL ID FOR HIRTS ERSEYS AND BC–TCCV ASEBALL APS HE HISHOLM ORPORATION OF ERO S’SG–(R DBA COTTS PORTING OODS ECREATION D) EPARTMENT ON MOTION by Commissioner Macht, SECONDED by Vice Chairman Neuberger, the Board unanimously awarded March 16, 2004 5 Bid #6001 to The Chisholm Corporation of Vero dba Scott’s Sporting Goods as the sole most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid; authorized the establishment of an Open End Contract for the period of March 16, 2004 through September 30, 2004 with the recommended bidder; and authorized the Purchasing Manager to renew this contract for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, Bidder acceptance and the determination that renewal of the annual contract is in the best interest of Indian River County, as recommended in the memorandum of March 5, 2004. 7.J. B,M,STDR AYTREE ARBRISA EAGRAPE RAIL UNE ESTORATION P#03103–HFS,I.–F ROJECT ENRY ISCHER AND ONS NC INAL RR–(PW) ELEASE OF ETAINAGE UBLIC ORKS ON MOTION by Commissioner Macht, SECONDED by Vice Chairman Neuberger, the Board unanimously approved the final payment and application for release of the retainage in the amount of $20,677.25 to Henry Fischer and Sons, Inc., as set forth and recommended in the memorandum dated March 4, 2004. DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March 16, 2004 6 7.K. VBI,LLC-NP ERO EACH NVESTMENTS OTICE OF ROPOSED CVG/C HANGE TO THE ILLAGE REENOUNTRYSIDE DRI(DRI)D EVELOPMENT OF EGIONAL MPACT EVELOPMENT O(D.O.)–PHDS RDER UBLIC EARING ATE CHEDULED (CD) OMMUNITY EVELOPMENT ON MOTION by Commissioner Macht, SECONDED by Vice Chairman Neuberger, the Board unanimously scheduled a public hearing for consideration of Vero Beach Investments, LLC’s Notice of Proposed Change to be held at the Board’s regular meeting on April 13, 2004, as recommended in the memorandum dated March 9, 2004. 7.L. CP–BRG(S AFETERIA LAN ENEFITS ESOURCE ROUP ECTION 125–IRSC)(H NTERNAL EVENUE ERVICE ODE UMAN R) ESOURCES ON MOTION by Commissioner Macht, SECONDED by Vice Chairman Neuberger, the Board unanimously authorized staff to negotiate a contract with Benefits Resource Group who offered the lowest administrative cost for services, as recommended in the memorandum of March 9, 2004. (A local servicing agent will be available to assist staff and employees.) March 16, 2004 7 7.M. RN.2004-027–MB ESOLUTION O ISCELLANEOUS UDGET A007(B) MENDMENT UDGET ON MOTION by Commissioner Macht, SECONDED by Vice Chairman Neuberger, the Board unanimously adopted Resolution No. 2004-027 amending the Fiscal Year 2003-2004 budget. 7.N. TCHSC,I.– REASURE OAST OMELESS ERVICES OUNCIL NC TCHMISP-TS REASURE OAST ROJECT ECHNICAL UBMISSION USDH FOR THE NITED TATES EPARTMENT OF OUSING AND UD(HUD)2003G–FL29B309003 RBAN EVELOPMENT RANT (HS) UMAN ERVICES ON MOTION by Commissioner Macht, SECONDED by Vice Chairman Neuberger, the Board unanimously approved the Treasure Coast Homeless Services Council Technical Submission for the HUD 2003 Grant for signature, as requested in the memorandum dated March 10, 2004. COPY OF SUBMISSION DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March 16, 2004 8 7.O. PHCWH ROCLAMATION ONORING HARLES ARD ON IS REF19,2004 ETIREMENT FFECTIVE EBRUARY Proclamation presented at another time and noted here for the record. 9.B.1. PUBLIC DISCUSSION ITEM – C. W. CARL – BREEZY VILLAGE SUBDIVISION, INC. OF SEBASTIAN DEED RESTRICTIONS th Mr. C. W. Carl , 6111 98 Street, Sebastian, president of Breezy Village Subdivision, Inc., expressed concern because one of their property owners had received a permit from the County for work not in compliance with their deed restrictions. On behalf of his organization, he asked if the County would assist by adding a few questions to the County’s permit applications that would indicate that an applicant was requesting something that was compliant with the subdivision’s deed restrictions. County Attorney Collins responded that the County cannot enforce a private deed restriction; their property owners’ association would have to enforce their own deed restrictions. He wondered whether the permitting section could flag subdivisions with deed restrictions. Community Development Director Bob Keating responded that doing so would get into the efficiency of how the permitting process is handled. The County has not historically reviewed deed restrictions; most subdivisions have deed restrictions now and it could be pretty cumbersome. Discussion ensued. Mr. Carl stated that they had tried to enforce the deed restrictions by hiring a lawyer who advised that they should not go to court. They paid the lawyer’s fee, they took the advice, and he felt they got nothing for their money. He was concerned because the same person has other properties in their subdivision and plans to do the same thing. March 16, 2004 9 Commissioner Adams and Commissioner Macht suggested they have their deed restrictions reviewed and corrected if necessary. County Attorney Collins stated his office would contact Mr. Carl for the name of the attorney to determine what the problem might be. (CLERK’S NOTE: Subsequently, Mr. Carl did not identify the attorney.) Brian Heady thought the public interest would be served by putting the questions on the permit application and the County would not have to assume any responsibility by having the questions on the applications. 9.B.2. PUBLIC DISCUSSION ITEM – THOMAS EMBRO – REQUEST THTH FOR LOT SPLIT ON 57 STREET WEST OF 66 AVENUE th Thomas Embro , 927 Ocean Place, advised that he owns a lot on 57 Street west th of 66 Avenue that he wished to split. He had been advised that the lot was a few feet short of the required 200,000 square feet and it cannot be split. He claimed other lots nearby had been split and other houses in the area were built on split lots and he wanted equal treatment. Chairman Ginn explained the Commission does not sit as a body to make land use decisions on specific lots; there is a procedure in place where the property owner goes to the Planning Department. Planning Division Director Stan Boling confirmed that 200,000 square feet is an absolute minimum for lot size. He noted that some parcel maps give approximate sizes and Mr. Embro could not use rights-of-way as part of the calculation of his lot size. Staff would be glad to look over the surveys on other lot splits. March 16, 2004 10 11.A. IMPACT FEE STUDY CONSULTANT - RECOMMENDATION AND FINAL RANKING OF SELECTION COMMITTEE – APPROVAL OF CONTRACT WITH TINDALE-OLIVER & ASSOCIATES, INC. (COMMUNITY DEVELOPMENT) Community Development Director Bob Keating reviewed his memorandum dated March 9, 2004 and offered to respond to questions. Commissioner Lowther inquired whether the responding companies know they have 4 months to complete this project. He asked why the differences were so great in the amounts proposed. Director Keating responded that the firms were well aware of the 4-month time line. He noted that Tindale-Oliver just completed the traffic impact study and the selection committee had ranked them first. Acting County Administrator Baird specified that all members of the evaluating committee had picked Tindale-Oliver as #1 even though Tindale-Oliver was scored low in respect to their bid amount. Tindale-Oliver will dedicate 10 people to our project and their resources and qualifications were very important factors in the ranking. The Chairman thought the Board should hear from the second-ranked Duncan Associates. Jim Duncan , president of Duncan Associates, gave a lengthy PowerPoint presentation and his associate, Tom Wright, gave each Commissioner a spiral-bound copy of it. (Copy is on file with the backup in the Office of the Clerk to the Board along with three other pages entitled Comparative Impact Fee Qualifications, Duncan Associates Impact Fee Clients by Facility and Nicholas Impact Fee Clients by Facility.) He understood that the Board was not as aware of his firm. He specified that his firm is an urban planning firm that specializes in impact fees and LDR’s. He stated that this was the first time he had ever questioned the decision of a staff selection committee. There were 5 factors that guided the selection committee’s ranking, two were fixed (the March 16, 2004 11 time period and the scope of services). He then reviewed the other 3 factors the committee used and listed his team’s experience, qualifications, and fee proposal. He believed the product Duncan Associates would produce would be of high quality and tailored to the County’s specific needs. He thought the Board should override the selection committee’s recommendation as difficult as it would be to do so. Commissioner Adams inquired whether the Duncan firm had ever done any work in Indian River County and why there was no address on their presentation booklet. Mr. Duncan advised they had never worked for our county although he had many friends living here who have battled the battle of Broward. He had worked with Administrator Chandler in earlier years. As to their address, the document presented was their PowerPoint presentation and that typically does not include an address. They are based in Austin, Texas; they have offices in Palm Beach, and do a lot of work in Florida. Chairman Ginn then invited comments from Tindale-Oliver. Bill Ball , a principal with Tindale-Oliver, which has offices in the state of Florida, stated that his firm has a 15-year relationship working with Indian River County staff. He emphasized they are wrapping up several projects in Florida and are now in a strong position to identify the 10 key people who will be working with Indian River County’s impact fees. They are excited about the project and anxious to get started. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Macht, to approve staff’s recommendation. Under discussion, Chairman Ginn stated she was a little uncomfortable with the dollar difference. She has confidence in staff and that makes it tough. Brian Heady interrupted requesting to speak and was ruled out of order by the Chairman. March 16, 2004 12 The Chairman CALLED THE QUESTION and it carried by a 3-2 vote (Chairman Ginn and Commissioner Lowther opposed). (The Board approved the consultant selection prioritization list and authorized the Chairman to execute the contract with the number one ranked firm, Tindale-Oliver and Associates, Inc., for a total cost of $183,346.00, as recommended in the memorandum dated March 9, 2004.) CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.B. EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDING AND EXPENDITURES EMERGENCY SERVICES - DIRECTOR JOHN KING AUTHORIZED TO EXECUTE THE DOCUMENTS (EMERGENCY SERVICES) ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved acceptance of the funding provided by the Emergency Management Performance Grant and approved the expenditures listed in the memorandum to be funded from the Emergency Management Performance Grant and authorized Emergency Services Director John King to execute the documents associated with same, as recommended in the memorandum dated March 8, 2004. March 16, 2004 13 COPY OF SIGNED DOCUMENTS IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.C. RFP #6047 – CONSULTANT SERVICES FOR LIBRARY MASTER PLAN (GENERAL SERVICES) (HARVARD JOLLY CLEES TOPPE, ARCHITECT/RUTH O’DONNELL, LIBRARY CONSULTANT General Services Director Tom Frame reviewed the memorandum dated March 9, 2004. He asked the Commissioners to accept the ranking and the selection committee’s recommendation of the firm Harvard Jolly Clees Toppe, Architects/Ruth O’Donnell, Library Consultant. He explained that the selection committee felt the approach taken by Harvard Jolly was far superior to that of Stottler-Stagg in spite of their higher fee proposal. MOTION WAS MADE by Commissioner Macht, SECONDED by Vice Chairman Neuberger, to approve staff’s recommendation: Under discussion, Director Frame responded to questions as to the makeup of the committee and time frame. The Chairman CALLED THE QUESTION and motion carried unanimously. (The Board unanimously approved the ranking by the committee and authorized staff to commence negotiations with Harvard Jolly Clees Toppe, Architects/Ruth O’Donnell for the design services defined in March 16, 2004 14 RFP #6047, as recommended in the memorandum dated March 9, 2004.) AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD TH 11.I.1. ROAD MAINTENANCE OF 84 AVENUE SOUTH OF CR 510 (AKA DAVIS ROAD) BRIAN & WESLEY DAVIS – GRAVES BROTHERS GROVES (PUBLIC WORKS) MOTION WAS MADE BY Commissioner Macht, SECONDED by Vice Chairman Neuberger, to approve staff’s recommendation. (To delay acceptance of maintenance until the road maintenance study is complete this summer. The County does not have an obligation to maintain/construct a road in the right-of-way unless the Board accepts the road for maintenance/construction. A license agreement may be required to allow the gate to remain.) Under discussion, Public Works Director James Davis reviewed his memorandum of March 9, 2004, and recounted that a recent title search pointed to the County’s ownership of this road. Historically this road has been used for agricultural (citrus) purposes; the issue now centers on citrus canker, a gate, and the desire of Wesley and Brian Davis (whose property abuts this road) to develop their property. He recommended postponing a decision on maintaining this road until this summer when the overall road maintenance study by Carter and Associates will be completed. He hoped to wrap up the study within 6-8 weeks and bring the matter back on the agenda. Because it appears the County owns this road, Commissioner Adams thought the County has a responsibility to maintain it. The access question due to citrus canker is one that is prevalent all over the county. March 16, 2004 15 Director Davis estimated that about half of the roads in the study are within dedicated rights-of-way; the other half are either in drainage district rights-of-way, not dedicated to the general public, but to a specific taxing district. There are many miles of paper rights-of-way that the County owns, but we physically do not maintain them. All of those roads are in the agricultural area. In response to Chairman Ginn’s inquiry, Director Davis explained Graves Brothers put up the gate to restrict general public access when the citrus canker concern came up. Keys were given to property owners to manage access; if property owners are comfortable in leaving it there, staff would be agreeable as long as we have some license agreement concerning the gate. County Attorney Collins recounted that Brian Davis had an application of exemption application in for almost two years. They spent a lot of time working on a reciprocal maintenance/ingress/egress easement agreement when they thought it was a private grove road. The public deed surfaced when Graves Brothers wanted the agreement stopped. st Brian Davis , 9255 141 Avenue, distributed several photographs of the gates and road under discussion. He suggested there could be liability issues because of the disrepair of the road. He understood the citrus canker concern and because of the industry’s hard times he has put cows on his property. He was concerned about emergency vehicle access and asked the Board to remove the gates and make the road safe until the study comes out. Jeff Bass , Graves Brothers Company, 1240 Indian Mound Trail, thought there were 2 issues: the road ownership and the citrus canker. He specified that the gates were put in at the dictate of the State. He stressed the seriousness of the citrus canker and what it could do to the citrus industry in this area and the high cost of wash stations. Graves has stopped maintaining the road and that is why it is deteriorating. Commissioner Adams reiterated her recommendation that we need to maintain the road if the County owns it. Chairman Ginn thought there is obviously a question of ownership. March 16, 2004 16 Commissioner Macht WITHDREW HIS MOTION, Vice Chairman Neuberger WITHDREW HIS SECOND. Vice Chairman Neuberger suggested the County Attorney investigate further in order to establish ownership of the road since there appears to be a reason to determine ownership at this time. MOTION WAS MADE by Commissioner Lowther, SECONDED by Vice Chairman Neuberger, to table the matter until ownership of the road can be determined. th James Douglas , 6900 84 Avenue, claimed to have lived there for 25 years and his wife’s family lived there prior to that. The County graded the road 25 years ago but stopped doing it about 15 years ago. After that, he helped pay to grade the road and would help cut back trees over the road. While he was a bit upset when the gates were put up, he understands the canker concern and is agreeable to work with Graves. In response to Vice Chairman Neuberger, County Attorney Collins advised that he would try to bring back information on ownership at the first or second meeting in April. The Chairman CALLED THE QUESTION and the Board unanimously tabled this item until the first or second meeting in April to allow time for the County Attorney to research the documents presented. (CLERK’S NOTE: See also Item 11.I.1. on April 13, 2004 meeting.) March 16, 2004 17 11.I.2. EXPANSION OF COUNTY FIRING RANGE – ADDITION OF LAW ENFORCEMENT RANGE REQUESTED BY SHERIFF ROY RAYMOND (PUBLIC WORKS) ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved expansion of the shooting range project and requested that proposals be received for design services, as recommended in the memorandum dated March 3, 2004. 11.I.3. LEGEND LAKES SUBDIVISION – DEVELOPER’S AGREEMENT – SMIGIEL PARTNERS XII, LTD. (PUBLIC WORKS) ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, the Board unanimously approved the Developer’s Agreement with Smigiel Partners XII, LTD, and authorized the Chairman’s signature on same, as recommended in the memorandum dated February 19, 2004. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.4. KITCHING STATION TRAILHEAD – PROJECT #0219 – AMENDMENT NO. 2 TO DEP (DEPARTMENT OF March 16, 2004 18 ENVIRONMENTAL PROTECTION) AGREEMENT NO. S0017 – EXTENSION OF COMPLETION DATE (PUBLIC WORKS) ON MOTION by Commissioner Adams, SECONDED by Vice Chairman Neuberger, the Board unanimously authorized the Chairman to sign the two (2) proposed FDEP Agreements No. S0017, Amendment No. 2, as recommended in the memorandum dated March 10, 2004. COPY OF PARTIALLY EXECUTED AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.5. RESOLUTION NO. 2004-028 - COST SHARE AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR CR 510 (WABASSO ROAD) PROJECT DEVELOPMENT AND ENVIRONMENT (PDE) STUDY (PUBLIC WORKS) ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Lowther, the Board unanimously adopted Resolution No. 2004-028 approving a locally funded agreement with the Florida Department of Transportation to fund a portion of the project development and environmental (PDE) study for CR 510 (and authorized the Chairman to execute same, as recommended in the memorandum dated March 9, 2004. Alternative No. 1). March 16, 2004 19 COPY OF PARTIALLY EXECUTED AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J. GREENLEAF SUBDIVISION PETITION WATER SERVICES – THTH 55 COURT SW, SOUTH OF 13 STREET SW – PROJECT NO. UCP-2414 (UTILITIES SERVICES) Assessment Projects Manager Dan Chastain reviewed his memorandum and specified his recommendation is an exception to the Comprehensive Plan due to a health issue. He recommended the County extend water service to the eight properties in this area. Dean Mays , a resident of this area, attested to having had the water tested and that for 3 years his house had not had any good water in spite of multiple wells. According to the tests, his water keeps getting worse and the family had illness because of it. Eight of the neighbors out his way need the County’s water; there will not be any other impacts. Mr. Chastain asked the Board to make an exception to serve just these 8 properties. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved the project and authorized the Utilities Department to proceed with the engineering design work and award of a contract for survey services based on the most favorable quote in preparation for the special assessment project, as recommended in the memorandum dated March 3, 2003. ANY DOCUMENTS PROVIDED WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March 16, 2004 20 12. COUNTY ATTORNEY – GROWTH TASK FORCE – ST. LUCIE COUNTY CHARETTE (CLERK’S NOTE: Backup includes a 2-page memo from the County Attorney along with a proposed resolution. Also, additional backup consisted of a list of 125 applicants to serve on the task force.) Chairman Ginn advised that she had contacted Dr. David Sullivan (Provost, Mueller Campus of Indian River Community College) to facilitate this committee, but he was unable to make a commitment at this time. If he is able to do it, he specified he could do it on Saturdays. She also advised that St. Lucie County will host a charette tomorrow night and she invited everyone to attend. She suggested the task force be postponed until April. MOTION WAS MADE by Vice Chairman Neuberger, SECONDED by Commissioner Macht, to table the item until the first meeting in April. Discussion was held on the advisability of postponing action, who would lead the group, how many members would be appointed, whether or not to include staff, whether or not to include elected officials, what their task assignment would be, when and how often the task force might meet, how much time would be given for completion of their task, an understanding of time frames and mechanisms, who would bring forward their recommendations, as well as other ideas and suggestions. It was determined that each Commissioner would submit 6 names to Executive Aide to the Board Kimberly Massung who would review those names with Chairman Ginn to look for duplication. It was understood that the task force would be subject to the Sunshine Law. March 16, 2004 21 The Chairman CALLED THE QUESTION and the motion carried unanimously. (Tabled to April 6, 2004 meeting.) Chairman Ginn assured everyone this was not an effort to get away from work but to make an effort to gather more information at the charette and to speak with Dr. Sullivan as soon as possible. It was pointed out that there has already been a lot of public input. George Christopher , 945 Painted Bunting Lane, spoke at length against the formation of a task force and in support of a letter written by Dr. Richard Baker opposing the task force. If the Board proceeds with a task force, he thought it needed to have a clear charter, representation from the community and not special interest groups, and the expertise of staff to tell them what is “doable” and what is not. He urged them to move forward by giving direction to staff to draw up the suggested changes and hold public hearings. Chairman Ginn commented that she was not thrilled with the task force, but that was the direction the Board had chosen. Commissioner Lowther suggested having staff come back with changes in accordance with comments that came up during the workshops and after attending the charette in St. Lucie. Chairman Ginn thought that was a good suggestion. Commissioner Adams noted that staff had asked the Commission what changes needed to be made. She recalled they have talked about (strengthening) the tree ordinance. Commissioner Macht specified that staff cannot give direction to the Board, all they can do is refer to the law as it stands in the Comprehensive Plan. The task force will give the Board their recommendations after they have reach a consensus, and then it is up to the Board to direct staff. All we can expect staff to do is tell the task force what the law says and how it can be changed. th Robert Swift , 6450 Glendale Road (aka 8 Street), agreed with several points made by Mr. Christopher. He thought the task force could serve a good function by digging into the problems and the perceptions of the problems and how the problems can be addressed. He did not March 16, 2004 22 think it would be a futile exercise nor would it sidetrack the visioning process. He urged them to make sure it is a balanced group. Joseph Paladin , president of Atlantic Coast Construction and Development, at 730 Congress Drive, lives at 6830 South A1A. He thought the task force should consist of individuals who live, work and have interest in the county who can put their personal agenda aside to address the issue with an open mind. Vice Chairman Neuberger commented that he did not need anyone to tell him who to appoint; he pointed out that there has already been a lot of discussion on this matter. Penny Chandler, executive director of the Vero Beach and Indian River County Chamber of Commerce, believed that if the task force has a clear picture of the problems they could reach a point where they could make recommendations. They need staff to be there to guide them on what is lawful. She cautioned that many people have plans for the summer, weekends, and travel. 13.A CHAIRMAN CAROLINE D. GINN None. 13.B. VICE CHAIRMAN ARTHUR R. NEUBERGER None. 13.C. COMMISSIONER FRAN B. ADAMS None. 13.D. COMMISSIONER THOMAS S. LOWTHER None. 13.E. COMMISSIONER KENNETH R. MACHT March 16, 2004 23 None. 14.A.1.. EMERGENCY SERVICES DISTRICT A 14.A.1.. AM–D16,2003 A PPROVAL OF INUTES ECEMBER 14.A.1.. AM–J13,2004 B PPROVAL OF INUTES ANUARY 14.A.1.. AM–F17,2004 CPPROVAL OF INUTES EBRUARY 14.A.2. TPABI RAINING ARTNERSHIP GREEMENT ETWEEN NDIAN RCCES IVER OMMUNITY OLLEGE AND MERGENCY ERVICES D ISTRICT 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. 14.B. SOLID WASTE DISPOSAL DISTRICT 14.B.1. AM–J6,2004 PPROVAL OF INUTES ANUARY 14.B.2. CD&MK(CDM)–WA AMP RESSER CEE ORK UTHORIZATION N.30–AES O NNUAL NGINEERING ERVICES AND ECA NVIRONMENTAL OMPLIANCE SSISTANCE March 16, 2004 24 The Chairman announced that immediately upon adjournment of the Emergency Services District, 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.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 11:25 a.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman March 16, 2004 25 Minutes Approved: _________________ BCC/PMR/MINUTES March 16, 2004 26