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Home My WebLink About03/29/2005 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF MARCH 29, 2005 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.PDM23A3,2005A ROCLAMATION ESIGNATING ARCH THROUGH PRIL AS MARA SHCD.............................................................................2 HRINE OSPITAL RUSADE AYS 5.B.PDM2005ARCM ROCLAMATION ESIGNATING ARCH AS MERICAN ED ROSS ONTH 2 5.C.PDA3A9,2005,B& ROCLAMATION ESIGNATING PRIL THROUGH PRIL AS OYS GCW ......................................................................................................3 IRLS LUB EEK 5.D.P2004-2005UWTA RESENTATION OF NITED AY ORCHBEARER WARD TO CEVCAN..............................3 OUNTY MPLOYEES BY ICE HAIRMAN RTHUR EUBERGER 5.E.P2004-2005UWLEA RESENTATION OF NITED AY OANED XECUTIVE WARD TO JR,PD ................................................................................3 IM OMANEK ARKS IVISION 5.F.PARWD RESENTATION OF NNUAL EPORT OF THE ORKFORCE EVELOPMENT BTC–GL.T ....................................3 OARD OF THE REASURE OAST WENDA HOMPSON March 29, 2005 1 5.G.POMB .....................................4 RESENTATION BY FFICE OF ANAGEMENT AND UDGET 6.APPROVAL OF MINUTES OF REGULAR MEETING OF FEBRUARY 8, 2005 ...................................................................................... 4 7.CONSENT AGENDA ................................................................................... 4 7.A.R-AG–IRCDS EPORT UDITOR ENERAL NDIAN IVER OUNTY ISTRICT CHOOL B,F,O,FSARFY OARD INANCIAL PERATIONAL AND EDERAL INGLE UDIT EPORT EJ30,2004 .....................................................................................................4 ND UNE 7.B.RC-F2005 .............................................................4 EPORT OF ONVICTIONS EBRUARY 7.C.AW–M4-10,2005.........................................................5 PPROVAL OF ARRANTS ARCH 7.D.AW–M11-17,2005.......................................................5 PPROVAL OF ARRANTS ARCH 7.E.2005EHRAC LECTION OF ISTORICAL ESOURCES DVISORY OMMIITTEE CCCVCKC..................5 HAIRMAN HRIS RAWFORD AND ICE HAIRMAN ATHLEEN OLEY 7.F.2005CA-TO .............................................5 OMMITTEE PPOINTMENTS OWN OF RCHID 7.G.2005CA-TIRS .....................6 OMMITTEE PPOINTMENTS OWN OF NDIAN IVER HORES 7.H.2005CA–CF ........................................6 OMMITTEE PPOINTMENTS ITY OF ELLSMERE 7.I.2005CA–CVB ......................................6 OMMITTEE PPOINTMENTS ITY OF ERO EACH 7.J.AKGEIM PPOINTMENT OF EN RUDENS AS NVIRONMENTAL SSUES EMBER OF PSAC(PSAC) ...............................6 THE ROFESSIONAL ERVICES DVISORY OMMITTEE 7.K.AFA.DTC PPOINTMENT OF REDERICK ILLION TO THE REASURE OAST RPC(TCRPC)CE EGIONAL LANNING OUNCIL OMPREHENSIVE CONOMIC DSC(CEDSC)–D2 ..............................6 EVELOPMENT TRATEGY OMMITTEE ISTRICT 7.L.R2005-035-AMS ESOLUTION MENDING THE EETING CHEDULE OF THE UAC(UAC)QM ......................7 TILITIES DVISORY OMMITTEE TO UARTERLY EETINGS 7.M.CAJA.BCAW OUNTY DMINISTRATOR OSEPH AIRD AND OUNTY TTORNEY ILLIAM G.CII-AAEA– ...................7 OLLINS PPROVAL OF NNUAL MPLOYMENT GREEMENTS 7.N.DWRA–WD.L OMESTIC ASTEWATER ESIDUAL GREEMENT ILLIAM AIN RLT-ROMHP–A EVOCABLE IVING RUST OYAL AKS OBILE OME ARK GREEMENT T,T,DD FOR RANSPORTATION REATMENT AND ISPOSAL OF OMESTIC WR ............................................................................................9 ASTEWATER ESIDUAL March 29, 2005 2 7.O.CLLPPFAA- HOOSE IFE ICENSE LATE ROGRAM UNDING NNUAL UDIT DHSMV(DHSMV) EPARTMENT OF IGHWAY AFETY AND OTOR EHICLES R .................................................................................................................... 10 EPORT 7.P.CRWTFC ENTRAL EGIONAL ASTEWATER REATMENT ACILITY ONTRACT TO E4.0MGD–IRIC,I.(B XPAND TO NDIAN IVER NDUSTRIAL ONTRACTORS NC ID N.7029) ................................................................................................................. 12 O 7.Q.R2005-036–MBA008 ................ 12 ESOLUTION ISCELLANEOUS UDGET MENDMENT 7.R.S-NWSCSS HERIFF EW ORLD YSTEMS ORPORATION TANDARD OFTWARE LSA–FIP ICENSE AND ERVICE GREEMENT UNDING OF NTEGRATED UBLIC SISF,EMSS ................................... 13 AFETY NFORMATION YSTEM FOR IRE ERVICES 7.S.ERSIP––I AST OSELAND TORMWATER MPROVEMENTS ROJECT NCREASING CPA30DCT-C ONTRACT RICE AND DDING AYS TO THE ONTRACT IME HANGE ON.2–J/WC.I. ........................................ 13 RDER O OBEARARDEN ONSTRUCTION NC 7.T.EEDSSD ....................... 14 XCESS QUIPMENT ECLARED URPLUS FOR ALE OR ISPOSAL 7.U.O/43AII––FR RD SLO VENUE NTERSECTION MPROVEMENTS INAL ELEASE OF RTS–DE& ETAINAGE FOR ESTING ERVICES UNKELBERGER NGINEERING T,I. .......................................................................................................... 14 ESTING NC 7.V.BP–PHJ-I EACH RESERVATION OST URRICANE EANNE INAL NVOICE AND RRWON.4–M&E,I.– ETAINAGE ELEASE ORK RDER O ORGAN KLUND NC FDEP(FDEP)–P LORIDA EPARTMENT OF NVIRONMENTAL ROTECTION OST HJ ........................................................... 15 URRICANE EANNE SURVEY AND MAPPING 7.W.WWS-FCFBW– ARREN AY UBDIVISION LOODPLAIN UT AND ILL ALANCE AIVER CA,I. ....................................................................................... 15 ARTER SSOCIATES NC 7.X.2004CHCNR-M OUNTY ORIZONTAL ONTROL ETWORK EONUMENTATIONS AND MPN.03124-APS APPING ROJECT O NNUAL ROFESSIONAL URVEYING AND MCN.0390-CE,I.-FP APPING ONTRACT O REECH NGINEERS NC INAL AYMENT RR-WON.1 .............................................. 16 AND ELEASE OF ETAINAGE ORK RDER O 7.Y.2005MP(BP)-FF& ONITORING ROJECT EACH RESERVATION LORIDA ISH WCC(FFWCC)-ARG ILDLIFE ONSERVATION OMMISSION RTIFICIAL EEF RANT AFWC-04027 ....................................................................................... 16 GREEMENT March 29, 2005 3 7.Z.R2005-037–WAPUFIND ESOLUTION ATERWAYS SSISTANCE ROGRAM NDER (FIND)–JTS LORIDA NLAND AVIGATIONAL ISTRICT UNGLE RAIL HORELINE SPII-A ..................................................................................... 17 TABILIZATION HASE 8.A.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES – SHERIFF ROY RAYMOND – MOTORIZED SKATEBOARDS AND MINIATURE MOTORCYCLES ON PUBLIC ROADS – TARGET PRACTICE ON SMALL PARCELS .. 17 8.B.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - PROPERTY APPRAISER DAVID C. NOLTE – HURRICANE RELATED COSTS INCURRED IN MAILING QUESTIONNAIRES - BUDGET - AMENDMENT NO. 1.................... 18 9.A.1.PUBLIC HEARING –ORDINANCE 2005-008 – REZONE +/- 23.6 TH ACRES FROM PD TO RS-6 – 65 STREET WEST OF OLD DIXIE HIGHWAY - SHIVA HOLDINGS LLC (QUASI-JUDICIAL) ................................................................................... 19 9.A.2.PUBLIC HEARING – ORDINANCE 2005-009 – REZONE APPROXIMATELY 160.94 ACRES FROM PD PLANNED DEVELOPMENT COMMERCIAL/RECREATIONAL, TO PD, PLANNED DEVELOPMENT RESIDENTIAL TO OBTAIN CONCEPTUAL AND PRELIMINARY PLANNED DEVELOPMENT APPROVAL FOR AMERITREND HOMES INC. - HIGH POINTE ................................................................................ 21 9.B.1.PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM SANDY SEESE REGARDING REPLACEMENT OF MOBILE March 29, 2005 4 HOME THAT WAS DESTROYED DUE TO HURRICANES FRANCES AND JEANNE ......................................................................... 24 11.A.1 COMMUNITY DEVELOPMENT - RESOLUTION 2005- 038 – TH DESIGNATING A PORTION OF 80 COURT (SPRING TH STREET) RIGHT-OF-WAY LYING BETWEEN 135 STREET TH (WAUREGAN AVENUE) AND 134 STREET (BREVARD AVENUE) AS A “LIMITED USE RIGHT-OF-WAY” – REQUESTED BY BILL COONEY .......................................................... 25 11.A.2.COMMUNITY DEVELOPMENT - RESOLUTION 2005- 039 AND FAIR HOUSING WORKSHOP (FRED FOX ENTERPRISE, INC.) – AUTHORIZED COMMUNITY DEVELOPMENT DIRECTOR TO APPLY FOR DISASTER RECOVERY FUNDS – COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ............ 26 11.C.1.GENERAL SERVICES - RESOLUTION 2005-040 - JOINT USE LIBRARY AT MUELLER CAMPUS OF INDIAN RIVER COMMUNITY COLLEGE - AUTHORIZING A PUBLIC LIBRARY CONSTRUCTION GRANT APPLICATION ..................... 26 RD 11.I.1.PUBLIC WORKS – 43 AVENUE WIDENING AND DRAINAGE IMPROVEMENTS - PROJECT NO. 9601 - PROFESSIONAL ENGINEERING SERVICES AGREEMENT FOR - CARTER ASSOCIATES, INC. - AMENDMENT NO. 1........... 27 11.I.2.PUBLIC WORKS - SEDONA PALMS SD PROJECT (FKA VALENCIA POINTE) - HOLIDAY BUILDERS, INC., OWNER - TH RIGHT-OF-WAY ACQUISITION OF 8 STREET ............................ 28 March 29, 2005 5 RD 11.I.3.PUBLIC WORKS - ANTILLES SUBDIVISION - 63 STREET - DRAINAGE - MAINTENANCE AGREEMENT ................................... 28 11.I.4.PUBLIC WORKS – HURRICANE DEBRIS REMOVAL CONTRACT – DRC, INC. – PARTIAL RELEASE OF RETAINAGE ............................................................................................... 29 11.I.5.PUBLIC WORKS - FLORIDA EAST COAST RAILWAY, LLC (FEC) – LICENSE AGREEMENT FOR SOUTH WINTER TH BEACH ROAD (69 STREET) RAILWAY CROSSING .................... 29 11.I.6.PUBLIC WORKS - FLORIDA EAST COAST RAILWAY, LLC (FEC) – LICENSE AGREEMENT FOR NORTH WINTER TH BEACH ROAD (69 STREET) RAILWAY CROSSING .................... 30 11.I.7.PUBLIC WORKS – ROAD CAPITAL IMPROVEMENT PROGRAM - EXPANDING AND EXPEDITING (APPRAISERS AND EMINENT DOMAIN ATTORNEY) .............................................. 30 11.J.1.UTILITIES – BID #7039 - GREENLEAF SUBDIVISION WATER ASSESSMENT PROJECT - REJECT BIDS AND UTILIZE LABOR CONTRACTOR, DANELLA COMPANIES WORK AUTHORIZATION DIRECTIVE NO. 2005-001 (UPC # 2461) ........... 31 11.J.2.UTILITIES –– REGIONAL LIFT STATION AT OLD DOUGLASS SCHOOL (UPC 2506) - KIMLEY-HORN & ASSOCIATES, INC. – DESIGN AND CONSTRUCTION SERVICES OF MASTER PLAN - WORK ORDER NO. 2 – AMENDMENT NO. 1 ................................................................................. 32 March 29, 2005 6 11.J.3.UTILITIES – BID NO. 6079 –– SOUTH COUNTY REVERSE OSMOSIS PLANT SECURITY FENCING – NATIONS FENCE, INC. - CHANGE ORDER NO. 1 ............................................................... 33 11.J.4.UTILITIES – ORANGE HEIGHTS AND GALLENTINE SUBDIVISIONS – PHASE II - UNDERGROUND UTILITIES, INC. - CHANGE ORDER NO. 1 - WATER MAIN EXTENSION IN SEBASTIAN ................................................................................................ 33 11.J.5.UTILITIES - WELLFIELD REHABILITATION PROJECT, PHASE II -– FINAL RECONCILIATION, FINAL PAYMENT, AND RELEASE OF RETAINAGE - SOUTH COUNTY WATER TREATMENT PLANT (SCWTP)_ - WELL CONTRACTOR LAYNE CHRISTENSEN COMPANY (CAMP DRESSER AND MCKEE, INC. \[CDM\]) ............................................................................... 34 11.J.6.UTILITIES – WELLFIELD REHABILITATION PROJECT, PHASE II –- INCREASE IN UPPER LIMIT - SOUTH COUNTY WATER TREATMENT PLANT (SWTP) ––– CAMP, DRESSER, & MCKEE, INC. (CDM) - WORK AUTHORIZATION NO. 4 ........... 35 12.A.COUNTY ATTORNEY – RESOLUTION 2005-041 – SETTING ADMINISTRATION FEES - PROCESSING DEVELOPER EXTENSION AND MODIFICATION REQUESTS .............................. 35 13.A.CHAIRMAN THOMAS S. LOWTHER – DISCUSSION REGARDING EMERGENCY OPERATION CENTER (EOC) WORKSHOP ............................................................................................... 36 March 29, 2005 7 13.B.1.VICE CHAIRMAN ARTHUR R. NEUBERGER – JOE PALADIN, GROWTH AWARENESS COMMITTEE - FURTHER INFORMATION ON BONDABLE ITEMS PRIOR TO PLAT APPROVAL ................................................................................................. 36 13.B.2.VICE CHAIRMAN ARTHUR R. NEUBERGER – DISCUSSION REGARDING WORLD CHANGERS ..................................................... 37 13.C.COMMISSIONER SANDRA L. BOWDEN – DISCUSSION REGARDING COUNTY LOBBYIST ..................................................... 37 13.E.COMMISSIONER GARY C. WHEELER – ALTERNATE WATER RESOURCES (SENATOR PAULA DOCKERY) ................. 37 14.A.EMERGENCY SERVICES DISTRICT .................................................. 38 14.A.1.AM-ESDM PPROVAL OF INUTES MERGENCY ERVICES ISTRICT EETING OF M15,2005. ..................................................................................................... 38 ARCH 14.A.2.CPSA(D/B ONTINUING ROFESSIONAL ERVICES GREEMENT ESIGNUILD F/EMSF)DA,A,P.A.- IRE ACILITIES WITH ONADIO AND SSOCIATES RCHITECTS WON.1 ................................................................................................. 38 ORK RDER O 14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 38 14.B.1.AMSWDDM PPROVAL OF INUTES OF OLID ASTE ISPOSAL ISTRICT EETING OF M15,2005 ...................................................................................................... 39 ARCH 14.B.2.WON.2–LGCS-CD ORK RDER O ANDFILL AS ONTROL YSTEM AMP RESSER MK,I.(CDM)––H-RA AND CEE NC URRICANEELATED DDITIONAL ES ......................................................................................... 39 NGINEERING ERVICES 14.C.ENVIRONMENTAL CONTROL BOARD – NONE ............................. 39 March 29, 2005 8 March 29, 2005 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 29, 2005. Present were Chairman Thomas S. Lowther, Vice Chairman Arthur R. Neuberger, Commissioners Sandra L. Bowden, Wesley S. Davis, and Gary C. Wheeler. Also present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Maria Suesz. 1. CALL TO ORDER Chairman Lowther called the meeting to order at 9:00 a.m. 2. INVOCATION Public Works Director Jim Davis delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Bowden led the Pledge of Allegiance to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS March 29, 2005 1 Chairman Lowther requested the following changes to today’s Agenda: Defer: Item 5.G. Presentation by Office of Management and Budget Additional Item 5.F. Workforce Development Board of the Treasure Coast Backup: 2004 Annual Report Additional Item PowerPoint Presentation on Shiva Holdings LLC. Backup: 9.A.1. Rezoning request PD to RS-6 Additional Item Site drawings of High Pointe Subdivision Backup: 9.A.2. Additional Item Site Plan of John Alexa’s property located at 6689 th Backup: 9.B.1. 77 Street, Wabasso, Florida Move after Item Joseph Paladin, Growth Awareness Committee, 5.G. 13.B.1. Further information on Bondable Items prior to Plat Approval Move after Item Discussion regarding World Changers 5.G.: 13.B.2 Add Item and Item 13.E. Resolution request supporting alternative water Backup: resources (Senator Paula Dockery’s letter dated March 21, 2005) ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously made the above changes to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS 5.A. PDM23A3,2005 ROCLAMATION ESIGNATING ARCH THROUGH PRIL ASHCD AS MARA HRINE OSPITAL RUSADE AYS Chairman Lowther read and presented the Proclamation to Reg Lawrence, Potentate’s Chief Aide of the Amara Temple. 5.B. PDM2005AR ROCLAMATION ESIGNATING ARCH AS MERICAN ED CM ROSS ONTH March 29, 2005 2 Commissioner Gary Wheeler read and presented the Proclamation to Brian England, the American Red Cross Director of Financial Development, who was honored to accept the Proclamation. 5.C. PDA3A9,2005, ROCLAMATION ESIGNATING PRIL THROUGH PRIL AS B&GCW OYS IRLS LUB EEK Commissioner Davis read and presented the Proclamation to Ronnie Hewett who recognized children from the Boys and Girls Club who were in the audience. One of the children, Joshua Jones, was acknowledged for being named “Youth of the Year.” 5.D. P2004-2005UWT RESENTATION OF NITED AY ORCHBEARER ACEVCA WARD TO OUNTY MPLOYEES BY ICE HAIRMAN RTHUR N EUBERGER Vice Chairman Neuberger presented the award to Jim Romanek, Parks Division. 5.E. P2004-2005UWLE RESENTATION OF NITED AY OANED XECUTIVE AJR,PD WARD TO IM OMANEK ARKS IVISION Vice Chairman Neuberger presented the award to Superintendent Jim Romanek, Parks Division. 5.F. PARW RESENTATION OF NNUAL EPORT OF THE ORKFORCE DBTC–GL. EVELOPMENT OARD OF THE REASURE OAST WENDA T HOMPSON President/CEO Gwenda Thompson of the Workforce Development Board of the Treasure Coast distributed the 2004 Annual Report (copy in file) and shared information on recent workforce issues. March 29, 2005 3 County Administrator Baird and Chairman Lowther personally thanked the Workforce for their help through the Hurricanes. 5.G. POMB RESENTATION BY FFICE OF ANAGEMENT AND UDGET Deferred. 6. APPROVAL OF MINUTES OF REGULAR MEETING OF FEBRUARY 8, 2005 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of February 8, 2005. There were none. ON MOTION by Commissioner Bowden, SECONDED by Vice Chairman Neuberger, the Board unanimously approved the Minutes of the Regular Meeting of February 8, 2005, as written and distributed. 7. CONSENT AGENDA The following items were pulled for discussion: Item 7.M., 7.O., 7.R., and 7.T. 7.A. R-AG–IRCD EPORT UDITOR ENERAL NDIAN IVER OUNTY ISTRICT SB,F,O,FS CHOOL OARD INANCIAL PERATIONAL AND EDERAL INGLE ARFYEJ30,2004 UDIT EPORT ND UNE This report has been received and is on file in the office of the Clerk to the Board. 7.B. RC-F2005 EPORT OF ONVICTIONS EBRUARY March 29, 2005 4 This report has been received and is on file in the office of the Clerk to the Board. 7.C. AW–M4-10,2005 PPROVAL OF ARRANTS ARCH ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for March 4-10, 2005, as requested in the memorandum of March 10, 2005. 7.D. AW–M11-17,2005 PPROVAL OF ARRANTS ARCH ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for March 11-17, 2005, as requested in the memorandum of March 17, 2005. 7.E. 2005EHRA LECTION OF ISTORICAL ESOURCES DVISORY CCCCVC OMMIITTEE HAIRMAN HRIS RAWFORD AND ICE HAIRMAN KC ATHLEEN OLEY The Commissioners noted the appointments for the record. 7.F. 2005CA-TO OMMITTEE PPOINTMENTS OWN OF RCHID The Commissioners noted the appointments for the record. March 29, 2005 5 7.G. 2005CA-TIR OMMITTEE PPOINTMENTS OWN OF NDIAN IVER S HORES The Commissioners noted the appointments for the record. 7.H. 2005CA–CF OMMITTEE PPOINTMENTS ITY OF ELLSMERE The Commissioners noted the appointments for the record. 7.I. 2005CA–CVB OMMITTEE PPOINTMENTS ITY OF ERO EACH The Commissioners noted the appointments for the record. 7.J. AKGEI PPOINTMENT OF EN RUDENS AS NVIRONMENTAL SSUES MPSAC EMBER OF THE ROFESSIONAL ERVICES DVISORY OMMITTEE (PSAC) ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved the appointment of Ken Grudens as the environmental issues member to the PSAC, as recommended in the memorandum of March 18, 2005. 7.K. AFA.DT PPOINTMENT OF REDERICK ILLION TO THE REASURE CRPC(TCRPC)C OAST EGIONAL LANNING OUNCIL OMPREHENSIVE EDSC(CEDSC)– CONOMIC EVELOPMENT TRATEGY OMMITTEE D2 ISTRICT March 29, 2005 6 ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved the appointment of Frederick A. Dillion to the TCRPC CEDSC, as recommended in the memorandum of March 21, 2005. 7.L. R2005-035-AMS ESOLUTION MENDING THE EETING CHEDULE OF UAC(UAC)Q THE TILITIES DVISORY OMMITTEE TO UARTERLY M EETINGS ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 2005-035, amending the meeting schedule of the Indian River County Utility Advisory Committee to meet on a quarterly basis. 7.M. CAJA.BC OUNTY DMINISTRATOR OSEPH AIRD AND OUNTY AWG.CII-AA TTORNEY ILLIAM OLLINS PPROVAL OF NNUAL EA– MPLOYMENT GREEMENTS Commissioner Wheeler had questions and recommendations on the proposed contracts and wanted to review the contracts item-by-item. Chairman Lowther commented that each Commissioner was asked to complete an evaluation. Three evaluations were completed and returned to him, therefore he brought this item forward. There was a CONSENSUS of the Board not to review the contracts item-by-item. March 29, 2005 7 MOTION WAS MADE by Commissioner Davis, SECONDED by Vice Chairman Neuberger, to approve Administrator Baird’s contract as written. Under discussion, Commissioner Wheeler wanted to discuss the following five areas that he felt should not be in the contracts: Section 5 - Additional Benefits – “County shall pay all professional dues, etc.” Commissioner Wheeler felt this was unnecessary and redundant. Section 5 - Additional Benefits – “County shall also provide Long Term Disability Insurance, etc.” Commissioner Wheeler felt this was something that shows precedents and favoritism to the three (3) contract employees. Section 7 - Terms – “90-day written notice in the event of non-renewal.” Commissioner Wheeler questioned why they are giving a 90-day notice when they have a severance package and questioned if it meant an increase to the severance package. Section 9 - Severance – “County shall pay Administrator for each year of service, not to exceed twelve (12) months, etc.” – Commissioner Wheeler felt 6 months was adequate. Commissioner Bowden revealed her discomfort with the procedure of being asked to evaluate employees just ninety (90) days after being elected to the Board and after a bad hurricane season. She stated usually the new Chairman negotiates the contracts when he comes aboard. She preferred to negotiate the contract and set a timeframe to do that and felt it was inappropriate to pick the contract apart. Chairman Lowther explained this was the only place they can discuss the contracts. Attorney Collins explained that the 90-day requirements would not increase the severance package. March 29, 2005 8 Administrator Baird pointed out the only change to his existing contract is the 2.7% salary increase. The Chairman CALLED THE QUESTION and the motion carried 3-2, Commissioner Bowden and Wheeler opposed. (The Board approved the renewal of the annual contract for County Administrator Joseph A. Baird, as written.) Commissioner Bowden felt both contracts should have the same percentage of increase. Commissioner Wheeler said he was not going to support the contract because to be consistent the last paragraph should be applied to Attorney Collins and Executive Aide Kim Massung’s contract. Attorney Collins stated that he was happy with the way his contract is written and he did not feel he needed additional benefits, and Commissioner Wheeler acknowledged his statement. ON MOTION by Commissioner Davis, SECONDED by COMMISSIONER Lowther, the Board approved renewal of the annual contract for County Attorney Collins as written. CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.N. DWRA–WD. OMESTIC ASTEWATER ESIDUAL GREEMENT ILLIAM LRLT-ROMH AIN EVOCABLE IVING RUST OYAL AKS OBILE OME March 29, 2005 9 P–AT,T, ARK GREEMENT FOR RANSPORTATION REATMENT AND DDWR ISPOSAL OF OMESTIC ASTEWATER ESIDUAL ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved the Domestic Wastewater Residual Agreement and authorized the Chairman to execute the same, as recommended in the memorandum of March 15, 2005. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.O. CLLPPFAA HOOSE IFE ICENSE LATE ROGRAM UNDING NNUAL UDIT -DHSMV EPARTMENT OF IGHWAY AFETY AND OTOR EHICLES (DHSMV)R EPORT Caroline Ginn, Former Chairman of the Commission 1135 Old Galleon Lane,introduced herself as a long-term Board member and current President of the Care and Pregnancy Center. She requested the Board appropriate the $24,000 raised from this program to the Care and Pregnancy Center,and 70% of those funds she wanted in advance. County Administrator Baird explained to her that it is setup as a reimbursement program and advance disbursement would require Board approval. Director of Management and Budget Jason Brown informed the Board that $15,000 of the $24,000 have already been appropriated to Healthy Care Coalition for this Mrs. Ginn year. believed the Care and Pregnancy Center is the only organization in the County that qualifies for this funding. She stated she will bring further information to staff because she believed Healthy Care Coalition does not qualify for funding. March 29, 2005 10 MOTION WAS MADE by Commissioner Wheeler to approve the funds to benefit the Care and Pregnancy Center. The MOTION DIED for lack of a SECOND. MOTION WAS MADE by Commissioner Davis, SECONDED by Commissioner Wheeler for discussion, to approve the audit and direct staff to work with the Care and Pregnancy Center staff to obtain funding from the Choose Life license plate program. Vice Chairman Neuberger reminded the Board that the agenda item is to approve the audit. The Chairman declared they reached a CONSENSUS for staff to assist the Care and Pregnancy Center to apply and be considered for advanced funding from the license plate program. WITHDREW Commissioner Davis his motion. ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously approved the Annual Choose Life Specialty License Plate Report and authorized the Chairman to execute the report to the Department of Highway Safety and March 29, 2005 11 Motor Vehicles, as recommended in the memorandum of March 21, 2005. ANNUAL REPORT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.P. CRWTF ENTRAL EGIONAL ASTEWATER REATMENT ACILITY CE4.0MGD–IRI ONTRACT TO XPAND TO NDIAN IVER NDUSTRIAL C,I.(BN.7029) ONTRACTORS NC ID O ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved the Contract Agreement with Indian River Industrial Contractors, Inc., in the amount of $4,477,000.00, as recommended in the memorandum of March 8, 2005. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.Q. R2005-036–MBA ESOLUTION ISCELLANEOUS UDGET MENDMENT 008 ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 2004-036 amending the fiscal year 2004-2005 Budget. March 29, 2005 12 7.R. S-NWSCS HERIFF EW ORLD YSTEMS ORPORATION TANDARD SLSA–F OFTWARE ICENSE AND ERVICE GREEMENT UNDING OF IPSISF, NTEGRATED UBLIC AFETY NFORMATION YSTEM FOR IRE EMSS ERVICES (CLERK’S NOTE: This item preceded Item 5 and is placed here for continuity.) There was a discussion regarding hardware and software and its integration with other agencies. ON MOTION by Commissioner Davis, SECONDED by Commissioner Bowden, the Board unanimously approved the License Agreement with New World Systems Corporation and authorized funding in the amount of $1,443,879, as recommended in the memorandum of March 18, 2005. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.S. ERSIP–– AST OSELAND TORMWATER MPROVEMENTS ROJECT ICPA30D NCREASING ONTRACT RICE AND DDING AYS TO THE CT-CON.2–J/W ONTRACT IME HANGE RDER O OBEARARDEN C.I. ONSTRUCTION NC ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously March 29, 2005 13 approved Change Order No. 2, increasing the contract price by $65,370, adding 30 days to the contract time and authorized the Chairman to execute same, as recommended in the memorandum of March 10, 2005. CHANGE ORDER NO. 2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.T. EEDSSD XCESS QUIPMENT ECLARED URPLUS FOR ALE OR ISPOSAL (CLERK’S NOTE: Voting Conflict Form 8B has been completed by Commissioner Davis and is on file in the office of the Clerk of the Board.) ON MOTION by Commissioner Wheeler, SECONDED by Vice Chairman Neuberger, by a 4-0 vote, Commissioner Davis abstained due to conflict of interest, the Board unanimously declared the items on the Excess Equipment List as surplus and authorized the sale and/or proper disposal; approved the excess equipment be picked up and delivered to the auction that will be held on April 30, 2005 at the Vero Beach City Warehouse, as recommended in the memorandum of March 18, 2005. 7.U. O/43AII––F RD SLO VENUE NTERSECTION MPROVEMENTS INAL RRTS– ELEASE OF ETAINAGE FOR ESTING ERVICES DE&T,I. UNKELBERGER NGINEERING ESTING NC March 29, 2005 14 ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved a final release for retainage in the amount of $1,966.65, as recommended in the memorandum of March 15, 2005. 7.V. BP–PHJ-I EACH RESERVATION OST URRICANE EANNE INAL NVOICE RRWON.4–M& AND ETAINAGE ELEASE ORK RDER O ORGAN E,I.–FDE KLUND NC LORIDA EPARTMENT OF NVIRONMENTAL P(FDEP)–PHJ ROTECTION OST URRICANE EANNE SURVEY AND MAPPING ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved the final invoice and retainage release for Work Order #4 to the Contract with Morgan & Eklund, Inc., as recommended in the memorandum of March 21, 2005. 7.W. WWS-FCFB ARREN AY UBDIVISION LOODPLAIN UT AND ILL ALANCE W–CA,I. AIVER ARTER SSOCIATES NC ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved the cut fill balance waiver request March 29, 2005 15 (Alternative No. 1), as recommended in the memorandum of March 21, 2005. 7.X. 2004CHCN OUNTY ORIZONTAL ONTROL ETWORK R-MMPN.03124- EONUMENTATIONS AND APPING ROJECT O APSMCN. NNUAL ROFESSIONAL URVEYING AND APPING ONTRACT O 0390-CE,I.-FPR REECH NGINEERS NC INAL AYMENT AND ELEASE R-WON.1 OF ETAINAGE ORK RDER O ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved releasing final payment plus retainage in the amount of $3,162.70, as recommended in the memorandum of March 21, 2005. 7.Y. 2005MP(BP)-F ONITORING ROJECT EACH RESERVATION LORIDA F&WCC(FFWCC)- ISH ILDLIFE ONSERVATION OMMISSION ARGAFWC-04027 RTIFICIAL EEF RANT GREEMENT ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved the Artificial Reef Grant Agreement FWC-04027 in the amount of $19,245.00, as recommended in the memorandum of March 21, 2005. GRANT AGREEMENT IS ON FILE IN THE March 29, 2005 16 OFFICE OF THE CLERK TO THE BOARD 7.Z. R2005-037–WAP ESOLUTION ATERWAYS SSISTANCE ROGRAM UFIND(FIND)– NDER LORIDA NLAND AVIGATIONAL ISTRICT JTSSPII-A UNGLE RAIL HORELINE TABILIZATION HASE ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 2005-037 for assistance under the Florida Inland Navigation District Waterways Assistance Program. 8.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES – SHERIFF ROY RAYMOND – MOTORIZED SKATEBOARDS AND MINIATURE MOTORCYCLES ON PUBLIC ROADS – TARGET PRACTICE ON SMALL PARCELS Sheriff Roy Raymond requested an ordinance to cover two issues not provided for in the Florida State Statutes (Section 7909) in the interest of public safety. One issue involves inappropriate use of firearms on five acre parcels. He requested an ordinance restricting target shooting to the County range or other approved range. He has asked for an Attorney General ruling on this item. Secondly, Sheriff Raymond addressed the need for an ordinance making it a misdemeanor to operate a motorized vehicle that cannot be registered on public roads and that is not exempted by other State Statutes. March 29, 2005 17 MOTION WAS MADE by Vice Chairman Neuberger, SECONDED by Commissioner Bowden, to approve the Sheriff’s recommendation. Under discussion, Commissioner Wheeler posed questions regarding the intent of the vehicle part of the ordinance. Ed Taylor State Attorney Generalexplained that the purpose of the ordinance is to prohibit any not registered vehicle from being operated on a public road. Chairman Lowther stated he would bring this item up at his meeting in Tallahassee for further opinion. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Bowden, the Board unanimously authorized the County Attorney to 1) draft an ordinance prohibiting any unregistered motorized vehicle from being operated on public roads that is not exempted by other State Statutes; and 2) authorized the County Attorney to draft an ordinance to restrict the use of firearms for target shooting at an approved shooting range, all as recommended in the memorandum dated March 15, 2005. 8.B. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - PROPERTY APPRAISER DAVID C. NOLTE – HURRICANE RELATED COSTS INCURRED IN MAILING QUESTIONNAIRES - BUDGET - AMENDMENT NO. 1 March 29, 2005 18 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously approved Budget Amendment No. 1 that covers the hard costs of $34,480 incurred in mailing questionnaires to property owners which were necessary to update our records and get forms to the taxpayers to facilitate State relief for homesteads and sales tax rebates for mobile homes, as recommended in the letter from Property Appraiser David C. Nolte dated March 2, 2005. AMENDMENT/TRANSFER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD (CLERK’S NOTE: The Chairman called for a short recess at 10:41 a.m. and the meeting was reconvened at 10:51 a.m.) 9.A.1. PUBLIC HEARING –ORDINANCE 2005-008 – REZONE +/- 23.6 TH ACRES FROM PD TO RS-6 – 65 STREET WEST OF OLD DIXIE HIGHWAY - SHIVA HOLDINGS LLC (QUASI-JUDICIAL) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating used a PowerPoint application to present this rezoning request. The Planning and Zoning Commission (P&Z) rejected the applicant’s request to rezone this site to RS-6, instead voted 5-2 recommending rezoning the property to RS-3. Upon approval by the Board to rezone to RS-6, the applicant will sign a March 29, 2005 19 restrictive covenant limiting his development to RS-3. Mr. Keating gave a brief history of the site. He gave an indication of what surrounds the subject property. He reviewed the criteria and said there is sufficient capacity and it is consistent with the Comp Plan. Staff feels, especially with the restrictive covenant, that this rezoning is compatible with the surrounding area. In conclusion, Mr. Keating stated staff supports the Board approving the rezoning request from PD to RS-6 and with approval there will be a restrictive covenant. th Discussion began with traffic concerns on 56 Street and the proposed improvements. Commissioner Wheeler believed staff has been evaluating their transportation plan incorrectly. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. Bruce Barkett , Attorney, used Director Keating’s slide illustrating the zoning prior to the PD approval request that was RS-6. Because of the Lateral “G” Canal and the restrictions placed on the property, it not only limits the units per acre, it limits the lot size, and he wanted to point out that his applicant is only asking that the rezoning be restored to the zoning it had before it failed PD. Robert Johnson, Coral Wind Subdivision, felt the Board should be more consistent and approve the site as an RS-3. Renee Renzi , 301 Waverly Place, hoped the Board would revert to the way things were handled previous to 1982 when she felt the Commission had more control considering rezoning as a whole instead of individually. There being no additional speakers, the Chairman closed the public hearing. March 29, 2005 20 MOTION WAS MADE by Commissioner Wheeler to rezone this property to RS–3. There was no second and the MOTION FAILED. MOTION WAS MADE BY Commissioner Davis, SECONDED by Chairman Lowther, to approve staff’s recommendation. Under discussion, Commissioner Wheeler pointed out that a rezoning to RS-6 was not in compliance with the surrounding area and he felt they would be setting a precedent by approving this request with a restrictive covenant. The Chairman CALLED THE QUESTION and the motion carried by a 3-2 vote, Commissioner Wheeler and Commissioner Bowden opposed. (The Board adopted Ordinance 2005-008 amending the zoning  ordinance and the accompanying zoning map for th 23.6 acres located south of 65 Street and approximately 3,230 feet west of Old Dixie Highway from PD, Planned Development to RS-6, single-family residential district (up to 6 units/acre), and providing for codification, severability, and effective date. 9.A.2. PUBLIC HEARING – ORDINANCE 2005-009 – REZONE APPROXIMATELY 160.94 ACRES FROM PD PLANNED DEVELOPMENT COMMERCIAL/RECREATIONAL, TO PD, PLANNED DEVELOPMENT RESIDENTIAL TO OBTAIN March 29, 2005 21 CONCEPTUAL AND PRELIMINARY PLANNED DEVELOPMENT APPROVAL FOR AMERITREND HOMES INC. - HIGH POINTE PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling displayed a geographical layout of the site. Unlike the previous rezoning this has a site plan with it that is part of the proposal. The P&Z Committee voted 5-2 recommending the Board approve the PD with modified conditions incorporated into staff’s recommendation. He highlighted the landscaping and buffering with the overall project and reviewed the conditions as in the memorandum. He pointed out, in addition to those conditions, the applicant has agreed not to build any two-story homes along the southern border of the project site. There was a question and answer period regarding the single access and traffic. The Chairman opened the public hearing. Steve Doyle Assistant Director of Utilitiesexpressed concern with the noise from heavy equipment traffic and he did not see an indication of a buffer where the system transfer station is located. He said a wall would be acceptable as suggested by Commissioner Wheeler. Joseph Schulke , Shulke, Bittle, and Stoddard, addressed some issues mentioned by Commissioner Lowther and stated the client created wider lots and 10 foot setbacks because he was concerned with density. The provision for the emergency access was to have limited traffic in th the environmental area. Designing dual access lanes and 150 foot setback from 65 Street was to alleviate any traffic problems. In response to Steve Doyle’s concern regarding the transfer station, they designed buffers to prevent noise being a problem. March 29, 2005 22 Joseph Paladin , Atlantic Coast Construction, addressed the Board in support of this item. Chuck Mechling , 1999 Pointe West Drive, addressed the Board in support of this item. Jerry Swanson , 3001 Ocean Drive, addressed the Board in support of this item. th Charles Block, 5195 St. Phillips Island Lane, and a property owner on 65 Street, addressed the Board in support of this item. Bob Johnson, Coral Wind Subdivision, questioned the water supply for this project. Director Boling responded that Utility Services was part of the Technical Review process and they had no concerns. Mr. Schulke requested an amendment to 3.C. regarding the two-story house setbacks as defined in the memorandum. He wanted to design a “wedding cake effect” and presented a sketch of his design. There being no additional speakers the Chairman closed the public hearing. ON MOTION by Commissioner Wheeler, SECONDED by Vice Chairman Neuberger, the Board unanimously adopted Ordinance 2005-009 amending the zoning ordinance and the accompanying zoning map from PD, recreational/commercial, to PD, residential, and approved the conceptual plan for approximately 160.90 acres of land generally located th on the south side 65 Street, just west of the FEC th railroad at 3745 65 Street providing for an effective date and including conditions listed on page 262 of the backup with modification to 3.C. on two story house setbacks. March 29, 2005 23 9.B.1. PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM SANDY SEESE REGARDING REPLACEMENT OF MOBILE HOME THAT WAS DESTROYED DUE TO HURRICANES FRANCES AND JEANNE th Sandy Seese, 8435 96 Court, accompanied by her mother, Alexa, requested the Board to assist her in acquiring a building permit to replace her mobile home that was destroyed due to Hurricanes Frances and Jeanne in September 2004. They have lived on approximately 20 acres of agricultural property since 1969. The Building Department’s staff has told her if 50% or more of her home was destroyed she had to replace it with the same square footage that was there before. The damaged home was a single-wide mobile home 12’ X 28’, but that size is no longer available. Ms. Seese ordered a double-wide mobile home. MOTION WAS MADE by Commissioner Davis to grant Sandy Seese an exception allowing her to obtain a building permit to replace her single-wide mobile home with a double-wide mobile home, SECONDED by Chairman Lowther for discussion. After a brief discussion the Board asked Attorney Collins to read the FSS 904-71 for the record, “shall be modified to allow replacement on or in the location of the original foundation.” The Chairman CALLED THE QUESTION and the motion carried. March 29, 2005 24 Chairman Lowther called for a brief recess at 12:03 p.m. and the he reconvened the meeting at 12:08 p.m. with all members present. 11.A.1 COMMUNITY DEVELOPMENT - RESOLUTION 2005- 038 – TH DESIGNATING A PORTION OF 80 COURT (SPRING TH STREET) RIGHT-OF-WAY LYING BETWEEN 135 STREET TH (WAUREGAN AVENUE) AND 134 STREET (BREVARD AVENUE) AS A “LIMITED USE RIGHT-OF-WAY” – REQUESTED BY BILL COONEY Planning Director Stan Boling displayed an aerial view of the site. This th right-of-way is a “paper street” lying between 134th Street (Brevard Street) and 135 Street (Wauregan Avenue). This request would not be intended for use of general traffic circulation but it would allow drainage, driveway and pedestrian access and will limit the use of the right-of-way and reduce the building setback requirement along Mr. Cooney’s 80-foot frontage and along the th frontage of the adjacent property on the other side of 80 Court. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 2005-038 th designating the segment of 80 Court (Spring Street) th lying between 135 Street (Wauregan Avenue) and th 134 Street (Brevard Avenue) to be designated as a limited use right-of-way; said right-of-way lying in the unincorporated area of Indian River County. March 29, 2005 25 11.A.2. COMMUNITY DEVELOPMENT - RESOLUTION 2005- 039 AND FAIR HOUSING WORKSHOP (FRED FOX ENTERPRISE, INC.) – AUTHORIZED COMMUNITY DEVELOPMENT DIRECTOR TO APPLY FOR DISASTER RECOVERY FUNDS – COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Community Development Director Keating introduced Fred Fox, Consultant with Community Development Block Grant Program, who agreed to submit the County’s grant application for $9,000,000. Fred Fox conducted the Fair Housing Workshop to help the County obtain additional points for the application process. Fred Fox stated the purpose of the workshop is to let the public know they passed a Fair Housing Ordinance, Chapter 309 of the County Code. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005-039 authorizing the Community Development Director to make application to the Florida Department of Community Affairs for a Disaster Recovery Initiative Community Development Block Grant for Federal Fiscal Year 2005. 11.C.1. GENERAL SERVICES - RESOLUTION 2005-040 - JOINT USE LIBRARY AT MUELLER CAMPUS OF INDIAN RIVER COMMUNITY COLLEGE - AUTHORIZING A PUBLIC LIBRARY CONSTRUCTION GRANT APPLICATION March 29, 2005 26 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Bowden, the Board unanimously adopted Resolution 2005-040 authorizing an application for a Public Library Construction Grant Application for the Joint Use Library at the Mueller Campus of Indian River Community College. CERTIFICATE OF APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD RD 11.I.1. PUBLIC WORKS – 43 AVENUE WIDENING AND DRAINAGE IMPROVEMENTS - PROJECT NO. 9601 - PROFESSIONAL ENGINEERING SERVICES AGREEMENT FOR - CARTER ASSOCIATES, INC. - AMENDMENT NO. 1 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously approved Amendment No. 1 for the new contract amount of $287,000.00 and authorized the Chairman to execute same, as recommended in the memorandum of March 17, 2005. AMENDMENT NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March 29, 2005 27 11.I.2. PUBLIC WORKS - SEDONA PALMS SD PROJECT (FKA VALENCIA POINTE) - HOLIDAY BUILDERS, INC., OWNER - TH RIGHT-OF-WAY ACQUISITION OF 8 STREET ON MOTION by Commissioner Wheeler, SECONDED by Vice Chairman Neuberger, the Board unanimously approved the $12,272.00 purchase, and authorized the Chairman to execute the contract, as recommended in the memorandum of March 17, 2005. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD RD 11.I.3. PUBLIC WORKS - ANTILLES SUBDIVISION - 63 STREET - DRAINAGE - MAINTENANCE AGREEMENT ON MOTION by Commissioner Wheeler, SECONDED by Vice Chairman Neuberger, the Board unanimously approved the Maintenance Agreement, as recommended in the memorandum of March 21, 2005. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March 29, 2005 28 11.I.4. PUBLIC WORKS – HURRICANE DEBRIS REMOVAL CONTRACT – DRC, INC. – PARTIAL RELEASE OF RETAINAGE ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved the release of one-half of retainage in the amount of $319,573.57 and will hold the remaining retainage until all issues are resolved, as recommended in the memorandum of March 21, 2005. 11.I.5. PUBLIC WORKS - FLORIDA EAST COAST RAILWAY, LLC (FEC) – LICENSE AGREEMENT FOR SOUTH WINTER TH BEACH ROAD (69 STREET) RAILWAY CROSSING ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously approved the License Agreement for th South Winter Beach Road (65 Street) and authorized the Chairman to execute same, as recommended in the memorandum of March 10, 2005. (Alternative 1) AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March 29, 2005 29 11.I.6. PUBLIC WORKS - FLORIDA EAST COAST RAILWAY, LLC (FEC) – LICENSE AGREEMENT FOR NORTH WINTER TH BEACH ROAD (69 STREET) RAILWAY CROSSING ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously approved the License Agreement and authorized the Chairman to execute same, as recommended in the memorandum of March 10, 2005. (Alternative No. 1) AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.7. PUBLIC WORKS – ROAD CAPITAL IMPROVEMENT PROGRAM - EXPANDING AND EXPEDITING (APPRAISERS AND EMINENT DOMAIN ATTORNEY) MOTION WAS MADE by Vice Chairman Neuberger to approve staff’s recommendation, SECONDED by Commissioner Davis for discussion. Discussion ensued regarding providing some east/west corridors and going into a fast track design/build process. Public Works Director Jim Davis stated that the disadvantage is not having better competitive bidding, but the advantage is you are on a fast track. March 29, 2005 30 Administrator Baird was concerned about compliance with the Florida Statute’s Competitive Negotiation Act. To accelerate the program, Director Davis recommended taking advantage of developer agreements, such as engineering, and partnerships where reasonable and appropriate. Discussion continued whereby Director Davis pointed out that doing projects in the next five years that are in the long-range plan (the next 10 years) may create a funding shortfall in the entire program. Staff will bring this item back at a later meeting. The Chairman CALLED THE QUESTION and the motion carried. (The Board unanimously approved annual contracts for both appraisers and legal assistance. Other needed items will be included in the 2005/2006 Budget, as recommended in the memorandum of March 21, 2005. 11.J.1. UTILITIES – BID #7039 - GREENLEAF SUBDIVISION WATER ASSESSMENT PROJECT - REJECT BIDS AND UTILIZE LABOR CONTRACTOR, DANELLA COMPANIES WORK AUTHORIZATION DIRECTIVE NO. 2005-001 (UPC # 2461) ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved rejecting the bids received and opened on March 4, 2005 and approvedWork Authorization Directive No. 2005-001 in the amount of $40,217.33 with Danella Companies (in form), and March 29, 2005 31 authorized the Chairman to execute the same upon receipt of the executed Labor Contract, as presented and recommended in the memorandum of March 18, 2005. WORK ORDER DIRECTIVE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.2. UTILITIES –– REGIONAL LIFT STATION AT OLD DOUGLASS SCHOOL (UPC 2506) - KIMLEY-HORN & ASSOCIATES, INC. – DESIGN AND CONSTRUCTION SERVICES OF MASTER PLAN - WORK ORDER NO. 2 – AMENDMENT NO. 1 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowden, the Board unanimously authorized redesign of the in-line pumping station for an estimated construction cost of $507,000, authorized additional design, permitting, and bidding services associated with the collection system improvement project; approved Amendment No. 1 to Work Order No. 2 with Kimley Horn and Associates in the amount of $13,400.00 to design and manage construction of said facility; authorized the Department of Utility Services to advertise for bids through the Purchasing Division; and authorized the Chairman to execute the same, as recommended in the memorandum of February 23, 2005. March 29, 2005 32 AMENDMENT NO 1 OF WORK ORDER 2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.3. UTILITIES – BID NO. 6079 –– SOUTH COUNTY REVERSE OSMOSIS PLANT SECURITY FENCING – NATIONS FENCE, INC. - CHANGE ORDER NO. 1 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously approved Change Order No. 1 in the amount of $8,225.00 and authorized the Chairman to execute the same, as recommended in the memorandum of March 18, 2005. 11.J.4. UTILITIES – ORANGE HEIGHTS AND GALLENTINE SUBDIVISIONS – PHASE II - UNDERGROUND UTILITIES, INC. - CHANGE ORDER NO. 1 - WATER MAIN EXTENSION IN SEBASTIAN ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved construction of Phase II and Change Order No. 1 increasing the project’s cost by $52,514.73, including $41,281.40 for labor and $11,333.33 for materials, increasing the project total time by 30 days March 29, 2005 33 to 60 days and authorized the Chairman to execute same, as recommended in the memorandum of March 22, 2005. CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.5. UTILITIES - WELLFIELD REHABILITATION PROJECT, PHASE II -– FINAL RECONCILIATION, FINAL PAYMENT, AND RELEASE OF RETAINAGE - SOUTH COUNTY WATER TREATMENT PLANT (SCWTP)_ - WELL CONTRACTOR LAYNE CHRISTENSEN COMPANY (CAMP DRESSER AND MCKEE, INC. \[CDM\]) ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved final reconciliation (a net increase in the amount of $19,511.72), final payment in the amount of $81,996.73, and an extension of the contract period by 58 days for substantial completion and 90-days for final completion, as recommended in the memorandum of March 18, 2005. CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March 29, 2005 34 11.J.6. UTILITIES – WELLFIELD REHABILITATION PROJECT, PHASE II –- INCREASE IN UPPER LIMIT - SOUTH COUNTY WATER TREATMENT PLANT (SWTP) ––– CAMP, DRESSER, & MCKEE, INC. (CDM) - WORK AUTHORIZATION NO. 4 ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved a $15,000 increase in the contract upper limit to account for services performed related to extended contract duration and to adjust the final contract amount to $132,075.00, as recommended in the memorandum of March 18, 2005. 12.A. COUNTY ATTORNEY – RESOLUTION 2005-041 – SETTING ADMINISTRATION FEES - PROCESSING DEVELOPER EXTENSION AND MODIFICATION REQUESTS ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005-041 setting administration fees for processing developer extension requests and modification requests relating to subdivision improvements, as set out in the memorandum of March 17, 2005 and backup. March 29, 2005 35 13.A. CHAIRMAN THOMAS S. LOWTHER – DISCUSSION REGARDING EMERGENCY OPERATION CENTER (EOC) WORKSHOP CONSENSUS was to hold a hurricane preparedness workshop with all agencies involved in the Emergency Operation Center (EOC) during the 2004 Hurricanes Frances and Jeanne for the purpose of pointing out the negative issues and addressing them. Executive Aide to the Board Kim Massung was directed to contact outside agencies and schedule the workshop. 13.B.1. VICE CHAIRMAN ARTHUR R. NEUBERGER – JOE PALADIN, GROWTH AWARENESS COMMITTEE - FURTHER INFORMATION ON BONDABLE ITEMS PRIOR TO PLAT APPROVAL Joseph Paladin, Growth Awareness Committee,stated the Committee recommends requiring all final plat applicants to provide a twenty-five percent (25%) required improvement bond instead of a letter of credit to provide subdivision construction security. ON MOTION by Vice Chairman Neuberger, SECONDED BY Commissioner Davis, the Board unanimously approved the Growth Awareness Committee’s recommendation and directed staff to bring back an amendment to Ordinance 2005-007 – Section 1 with the County Attorney to advertise for a public hearing April 19, 2005. March 29, 2005 36 13.B.2. VICE CHAIRMAN ARTHUR R. NEUBERGER – DISCUSSION REGARDING WORLD CHANGERS Harvey Webb, , World Changersasked for an invitation to help the people in need in Indian River County for 2006. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Bowden, the Board unanimously approved to offer World Changers $20,000 for materials for projects in Indian River County for 2006. 13.C. COMMISSIONER SANDRA L. BOWDEN – DISCUSSION REGARDING COUNTY LOBBYIST Commissioner Bowden asked the Board to consider in preparation for the budget, retaining a legislative person to represent the County at state and national levels. Discussion ensued and Administrator Baird was asked to look into the cost of a lobbyist and report back to the Board. 13.E. COMMISSIONER GARY C. WHEELER – ALTERNATE WATER RESOURCES (SENATOR PAULA DOCKERY) Commissioner Wheeler asked the Board to adopt a Resolution supporting Senator Paula Dockery’s letter of March 21, 2005 (copy on file) regarding alternate water resources. March 29, 2005 37 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowden, the Board authorized the County Attorney to draft a Resolution supporting alternate water resources and to bring back 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. 14.A.1.AM-ESD PPROVAL OF INUTES MERGENCY ERVICES ISTRICT MM15,2005. EETING OF ARCH 14.A.2.CPSA ONTINUING ROFESSIONAL ERVICES GREEMENT (D/BF/EMSF)D ESIGNUILD IRE ACILITIES WITH ONADIO AND A,A,P.A.-WON.1 SSOCIATES RCHITECTS ORK RDER O 14.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment of the Emergency Services District Meeting, 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. March 29, 2005 38 14.B.1.AMSWDD PPROVAL OF INUTES OF OLID ASTE ISPOSAL ISTRICT MM15,2005 EETING OF ARCH 14.B.2.WON.2–LGCS-C ORK RDER O ANDFILL AS ONTROL YSTEM AMP DMK,I.(CDM)––H-R RESSER AND CEE NC URRICANEELATED AES DDITIONAL NGINEERING ERVICES 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 12:54 p.m. ATTEST: ____________________________________ ______________________________ Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman Minutes Approved: _________________ BCC/MIS/2005Minutes March 29, 2005 39