HomeMy WebLinkAbout4/1/2003INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF APRIL 1, 2003
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. PROCLAMATION DESIGNATING APRIL, 2003 AS FLORIDA CONFEDERATE HISTORY MONTH IN INDIAN RIVER
COUNTY............................................................................................................................................... 2
5.B. PRESENTATION OF ANNUAL REPORT OF WORKFORCE DEVELOPMENT BOARD OF THE TREASURE COAST.... 3
6. APPROVAL OF MINUTES - MARCH 4, 2003........................................................................................3
7. CONSENT AGENDA................................................................................................................................. 4
7.A. REPORTS..............................................................................................................................................4
7.B. LIST OF WARRANTS............................................................................................................................... 4
7.C. LIST OF WARRANTS............................................................................................................................... 5
7.D. PROCLAMATION DESIGNATING APRIL, 2003 AS RECORDS AND INFORMATION MANAGEMENT MONTH....... 5
7.E. METROPOLITAN PLANNING ORGANIZATION BICYCLE ADVISORY COMMITTEE -RE-ELECTION OF CHAIRMAN
LIBBYHARROW.................................................................................................................................... 5
7.F. OUT -OF -COUNTY TRAVEL- COUNTY GOVERNMENT STRUCTURE AND AUTHORITY WORKSHOP -
COMMISSIONERS LOWTHER AND NEUBERGER......................................................................................... 5
APRIL 1, 2003 1
7.G. MARINE ADVISORY NARROWS WATERSHED ADVISORY COMMITTEE (MANWAC) - RESIGNATION OF JOHN
S. AMOS............................................................................................................................................... 6
7.H. PROFESSIONAL SERVICES ADVISORY COMMITTEE (PSAC) - APPOINTMENT OF ROBERT M. POORE, JR. TO
REPLACE ROBERT BRACKETT................................................................................................................ 6
7.I. TOURIST DEVELOPMENT COUNCIL (TDC) - RESIGNATION OF DONALD DARKO AND VIRGINIA MANN ....... 6
7.J. ECONOMIC DEVELOPMENT COUNCIL - RESIGNATION OF ROSALIE WEBSTER AND APPOINTMENT OF JOHN
GALLO................................................................................................................................................. 7
7.K. BEACH & SHORE ADVISORY COMMITTEE - RESIGNATION OF VIRGINIA MANN ......................................... 7
7.L. LIBRARIES - REQUEST FOR RESOLUTION TO THE GOVERNOR REGARDING THE DISMANTLING OF THE
FLORIDA STATE LIBRARY...................................................................................................................... 7
7.M. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) - CHC HEALTHCARE
SOLUTIONS - CONSULTANT.................................................................................................................... 8
7.N. 2003-04 BUDGET WORKSHOP/HEARING SCHEDULE FOR 2003................................................................. 8
7.0. EAST ROSELAND AND EAST GIFFORD STORMWATER IMPROVEMENTS COST -SHARE GRANT - CHANGE
ORDER 41 - CONTRACT 4991-1235 - ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ........................... 8
7.P. KINGS HIGHWAY IMPROVEMENTS - PARTIAL RELEASE OF RETAINAGE FOR TESTING SERVICES -
DUNKELBERGER ENGINEERING AND TESTING......................................................................................... 9
7.Q. RESOLUTION 2003-032 APPROVING TRAFFIC CONTROL DEVICES AUTHORIZED BY THE DIRECTOR OF PUBLIC
WORKS................................................................................................................................................. 9
7.R. BID 43032 -UTILITIES DEPARTMENT ANNUAL LABOR CONTRACT THROUGH FY 2003 -UTILITY
UNDERGROUND, INC. (FKA GEORGE E. FRENCH)..................................................................................... 9
7.S. UTILITY WATER/SEWER BILLING- SUNGARD MAILING SERVICES CONTRACT RENEWAL THROUGH JUNE 30,
2005.................................................................................................................................................. 10
7.T. POINTE WEST CENTRAL VILLAGE, PHASE III, PD - CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK
IMPROVEMENTS AND CASH DEPOSIT AND ESCROW AGREEMENT............................................................ 10
7.U. RESOLUTION 2003-033 SETTING FORTH THE SECTIONS OF CERTAIN COUNTY RESOLUTIONS THAT ARE
SUPERSEDED BY ORDINANCE 2003-010 (COMMITTEES: AGRICULTURE ADVISORY; BEACH AND SHORE
PRESERVATION, ECONOMIC DEVELOPMENT COUNCIL, EMERGENCY SERVICES DISTRICT ADVISORY,
HISTORIC RESOURCES ADVISORY, LAND ACQUISITION ADVISORY. MARINE ADVISORY/NARROWS
WATERSHED ACTION, PARKS & RECREATION, PUBLIC LIBRARY ADVISORY BOARD; AND UTILITY
ADVISORY)......................................................................................................................................... I I
APRIL 1, 2003 2
7.V. RESOLUTION 2003-034 DESIGNATING THE THEN -CURRENT COUNTY ATTORNEY OR DESIGNEE AS THE
BOARD'S REPRESENTATIVE ON THE I9TH JUDICIAL CIRCUIT CONFLICT COMMITTEE AND RESCINDING
RESOLUTION2000-082....................................................................................................................... i i
7W. SOLID WASTE ORDINANCE AMENDMENTS - PERMISSION TO ADVERTISE FOR PUBLIC HEARING ON APRIL 15,
2003.................................................................................................................................................. 12
7.X. PINE RIDGE CLUB, INC. - FINAL PLAT APPROVAL FOR SUBDIVISION TO BE KNOWN AS PINE RIDGE CLUB 12
7.Y. JUNGLE TRAIL/PELICAN ISLAND WILDLIFE REFUGE - RELEASE OF RETAINAGE FOR SUMMIT CONSTRUCTION
MANAGEMENT, INC............................................................................................................................. 12
72. JUNGLE TRAIL/PELICAN ISLAND WILDLIFE REFUGE PUBLIC IMPROVEMENTS - BRAD SMITH ASSOCIATES,
INC. ENGINEERING AND ARCHITECTURAL SERVICES AGREEMENT - REQUEST FOR FINAL PAYMENT AND
RELEASE OF RETAINAGE - PROJECT 9724............................................................................................. 13
7.A.A. BID 45045 -FLEET MAINTENANCE FACILITY TESTING SERVICES -A. M. ENGINEERING & TESTING, INC.
13
7.BB. PROPOSED RESOLUTION RECONSTITUTING THE INDIAN RIVER COUNTY PARKS AND RECREATION
COMMITTEE AND REPEALING RESOLUTION 1994-064........................................................................... 14
9.B.1. PUBLIC DISCUSSION ITEM - GEORGE RACICOT - CODE ENFORCEMENT MATTERS14
9.B.2. PUBLIC DISCUSSION ITEM - BRIAN HEADY - LOCAL SUPPORT FOR A UNITED
AMERICA........................................................................................................................................15
9.C. PUBLIC NOTICE ITEMS...................................................................................................................15
9.C.1. SCHEDULED FOR PUBLIC HEARING APRIL 8, 2003.............................................................15
A. GRAVES BROTHERS, INC. - REQUEST FOR ABANDONMENT OF A PORTION OF TROPICAL AVENUE (47TH AVENUE)
LYING BETWEEN 84TH STREET AND US# I.................................................................................................. 15
B. ST. MARK'S OF INDIAN RIVER COUNTY - REQUEST FOR SPECIAL EXCEPTION USE APPROVAL TO CONSTRUCT A
PLACE OF WORSHIP - SUBJECT SITE IS LOCATED ON THE SOUTH SIDE OF 45TH STREET APPROXIMATELY 300'
WEST OF INDIAN RIVER BOULEVARD........................................................................................................ 15
9.C.2. SCHEDULED FOR PUBLIC HEARING APRIL 15, 2003...........................................................16
A. SUNLAND CUSTOM HOMES - REQUEST TO REZONE 40.37 ACRES ON THE NORTH SIDE OF 13TH STREET SW
APPROXIMATELY 1900 FEET EAST OF 58TH AVENUE FROM A- I TO RS -3 ..................................................... 16
APRIL 1, 2003 3
B. CHARLES PALMER-REQUEST TO REZONE 10.32 ACRES BETWEEN 26TH STREET AND INDIAN RIVER MALL FROM
A -I To RM-8.......................................................................................................................................... 16
C. WOODY WOOD - REQUEST TO REZONE 1.1 ACRES AT THE SOUTHWEST CORNER OF 144TH STREET AND US# I
FROMCL TO CCT...................................................................................................................................... 16
9.C.3. SCHEDULED FOR PUBLIC HEARING APRIL 22, 2003...........................................................16
A. COUNTY -INITIATED REQUEST TO UPDATE THE CAPITAL IMPROVEMENTS AND TRANSPORTATION ELEMENTS OF
THE COMPREHENSIVE PLAN...................................................................................................................... 16
11.13.1. RESOLUTION 2003-035 APPROVING THE 2002-2003 INDIAN RIVER COUNTY
HAZARDOUS MATERIALS EMERGENCY PLAN.........................................................................17
11.C.1. RFQ#5022 - SHERIFF'S ADMINISTRATION BUILDING HVAC -ENGINEERING SERVICES
FOR ADMINISTRATION BUILDING CHILLER REPLACEMENT - APPROVE
NEGOTIATIONS WITH TLC COCOA........................................................................................17
11.C.2. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL -ARC DONATION
AND SHERIFF'S AUCTION ON APRIL 12, 2003........................................................................17
11.G.1. CR -512 CORRIDOR IMPROVEMENTS -ADDENDUM 6 TO PROFESSIONAL
ENGINEERING SERVICES AGREEMENT - PROJECT 9611 - MASTELLER AND MOLER,
INC...................................................................................................................................................18
11.G.2. CIVIL ENGINEERING AND BRIDGE DESIGN SERVICES - RFP# 0208, 0209 AND 0370 -
KIMLEY-HORN & ASSOCIATES, INC. (1. 82ND AVENUE BRIDGE OVER LATERAL D
CANAL [4TH STREET], 2. 4TH STREET BRIDGE OVER COOCH DITCH [35TH AVENUE],
AND 3. 41ST STREET BRIDGE OVER LATERAL A CANAL [66TH AVENUE]) ......................18
11.11.1. SOUTH COUNTY WATER TREATMENT PLANT ENGINEERING SERVICES - CAMP,
DRESSER, MCKEE - WORK AUTHORIZATION #17 - INCREASE UPPER LIMIT TO $60,000
..........................................................................................................................................................19
11.11.2. TROPICAL ISLES SUBDIVISION - DEVELOPERS AGREEMENT FOR CONSTRUCTION
OF OFF-SITE SANITARY SEWER FORCE MAIN - ATLANTIC COAST CONSTRUCTION &
DEVELOPMENT, INC...................................................................................................................19
APRIL 1, 2003 4
1LH.3. KINGSLAKE SUBDIVISION - PETITION WATER SERVICE WEST OF KINGS HIGHWAY,
62ND LANE, 58TH, 59TH AND 60TH COURTS - PROJECT UCP -2297 - PETITION FOR WATER
SERVICE AND FIRE PROTECTION............................................................................................20
11.H.4. RESOLUTION 2003-036 CERTIFYING "AS -BUILT" COSTS FOR INSTALLATION OF
WATER SERVICE TO BOBBI J SUBDIVISION (36TH COURT NORTH OFF FIRST STREET
SW) IN INDIAN RIVER COUNTY, FLORIDA.............................................................................20
1LH.5. ABINGTON WOODS SUBDIVISION -DEVELOPERS AGREEMENT FOR CONSTRUCTION
OF OFF-SITE SANITARY SEWER FORCE MAIN - POPLAR DEVELOPMENT, INC.......... 21
1LH.6. CENTRAL WASTEWATER TREATMENT FACILITY, REGIONAL SLUDGE PROCESSING
FACILITY AND SOUTH WASTEWATER TREATMENT FACILITY ODOR CONTROL
IMPROVEMENTS DESIGN - POST, BUCKLEY, SCHUH AND JERNIGAN WORK
AUTHORIZATION - AGREEMENT #2....................................................................................... 21
12. COUNTY ATTORNEY - RESOLUTION 2003-037 APPROVING AN EXCHANGE OF 53RD
STREET RIGHT-OF-WAY WITH GHA GRAND HARBOR, LTD............................................22
13.A.1. CHAIRMAN KENNETH R. MACHT - FEDERAL BUDGET CUTS FOR VETERANS ........... 23
13.A.2. CHAIRMAN KENNETH R. MACHT - PURCHASING PRACTICES ........................................ 23
13.D. COMMISSIONER THOMAS S. LOWTHER - MOTION TO RECONSIDER THE COLONY'S
REQUEST TO MODIFY APPROVED CONCEPTUAL PD PLAN AND PD ZONING (SEE
MARCH 18, 2003 MINUTES)...................................................................................................... 24
14.A. EMERGENCY SERVICES DISTRICT.............................................................................................. 25
14.B. SOLID WASTE DISPOSAL DISTRICT.............................................................................................25
14.C. ENVIRONMENTAL CONTROL BOARD.........................................................................................25
APRIL 1, 2003
April 1, 2003
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1840 251'' Street, Vero Beach, Florida, on Tuesday,
April 1, 2003, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Caroline D. Ginn, Vice
Chairman; and Commissioners Thomas S. Lowther and Arthur R. Neuberger. Commissioner Fran
B. Adams was absent on personal business. Also present were James E. Chandler, County
Administrator; Will C. Collins II, County Attorney; and Patricia "PJ" Jones, Deputy Clerk.
1. CALL TO ORDER
Chairman Macht called the meeting to order.
2. INVOCATION
Commissioner Ginn delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Lowther led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Macht requested the following changes to today's Agenda:
1. Delete Item 7.M., HIPAA Consultant.
APRIL 1, 2003 1
2. Add additional backup to Item 9.13.1., George Racicot — Public Discussion.
Delete Item 11.C.1., RFQ45022 — Sheriff's Administration Building HVAC Chiller
Replacement.
4. Add additional backup to Item 11.C.2., Declare Excess Equipment Surplus for Sale
or Disposal.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Commissioner
Adams absent) unanimously made the above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PROCLAMATIONDESIGNATINGAPRIL. 2003 AS FLORIDA CONFEDERATE
HISTORYMONTH IN INDIAN RIVER COUNTY
Commissioner Neuberger presented the Proclamation to Gene Lee of the Florida Cow
Cavalry Camp.
Gene Lee thanked the Board for the recognition and stated that this is important to Florida
history. The Civil War was a terrible thing and more Americans lost their lives in that conflict than
in any other. The South bore a burden at the end of the War which it is just now recovering from.
As a child he listened to many stories about the War which led him to study the history. Some of
the organizations which focus on this history are the Sons and Daughters of the American
Revolution and the Sons and Daughters of the Confederacy. April 61h is a memorial day when flags
are placed on the graves of Confederate soldiers, as well as on the graves of the Union soldiers
buried in this area.
Commissioner Neuberger asked Mr. Lee to talk about the Florida Cow Cavalry Camp, and
Mr. Lee explained that the Sons of Confederate Veterans is an international organization with over
50,000 members who trace their ancestry back to someone who served in the Civil War. The
Florida Cow Cavalry was a unit designated in 1863 which started out as a loose confederation of
cow people protecting their herds from the Union army. Florida became the main provider for the
APRIL 1, 2003 2
Confederacy of salt and beef and the army sent a few officers to Florida to organize this unit which
fought in a few battles but mostly worked on stopping cattle rustling.
5.B. PRESENTATION OF ANNUAL REPORT OF WORKFORCE DEVELOPMENT BOARD
OF THE TREASURE COAST
Gwenda L. Thompson, President/CEO of the Workforce Development Board of the
Treasure Coast, handed out a brochure (COPY ON FILE WITH THE BACKUP FOR TODAY'S
MEETING) and gave a brief annual report, explaining the purpose and makeup of the Board. The
Board is made up of representatives from Martin, St. Lucie, Okeechobee and Indian River Counties
who administer federal funding for employment training. There are 6 centers who last year served
40,000 residents. The Board also created and works with the Indian River Community College
Youth Summit with participation by 250 students last year. The participation has doubled for this
year. The Board also partnerships with employers to deliver learning academies and operate a
lending library for employers who wish to train their own employees. Last year the Board met or
exceeded all the goals set by the State of Florida, awarded 14 college scholarships, and trained 237
citizens in business computer skills. 885 businesses were served last year and the Board is shifting
its direction to issue focused and community driven services.
6. APPROVAL OF MINUTES - MARCH 4, 2003
The Chairman asked if there were any corrections or additions to the Minutes of the Regular
Meeting of March 4, 2003. There were none.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Commissioner
Adams absent) unanimously approved the Minutes of the Regular
Meeting of March 4, 2003, as written.
APRIL 1, 2003
7. CONSENT AGENDA
Commissioner Neuberger requested that Item 7.L. be pulled for discussion.
Commissioners Neuberger, Lowther and Ginn requested that Item 7.B.B. be pulled for
discussion.
7.A. REPORTS
The following reports have been received and are on file in the office of the Clerk to the
Board:
1. Florida Department of Education Florida Bright Futures Scholarship Program
Operational Audit for FY Ended 6/30/02
2. Indian River County District School Board Financial, Operational and Federal
Single Audit Report for FY Ended 6/30/02
3. St. Johns River Water Management District Annual Financial Report for 2001-02
for FY Ending 09/30/02
7.B. LIST OF WARRANTS
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously approved the list of Warrants as issued by the
Clerk to the Board for March 7-13, 2003, as recommended by staff.
APRIL 1, 2003 4
7.C. LIST OF WARRANTS
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously approved the list of Warrants as issued by the
Clerk to the Board for March 14-20, 2003, as recommended by staff.
7.D. PROCLAMATION DESIGNATING APRIL. 2003 AS RECORDS AND INFORMATION
MANAGEMENT MONTH
The Proclamation was entered into the record.
7.E. METROPOLITAN PLANNING ORGANIZATIONBICYCLE ADVISORY COMMITTEE
—RE-ELECTIONOF CHAIRMANLIBBYHARROW
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously acknowledged the re-election of Chairman Libby
Harrow.
7.F. OUT -OF -COUNTY TRAVEL- COUNTY GOVERNMENT STRUCTURE AND
AUTHORITY WORKSHOP— COMMISSIONERS LOWTHER AND NEUBERGER
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously approved out -of -County travel for
Commissioners Lowther and Neuberger, as requested by staff.
APRIL 1, 2003 5
7.G. MARINE ADVISORYNARROWS WATERSHED ADVISORY COMMITTEE
(MANWA 0 — RESIGNATION OF JOHN S. AMOS
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously acknowledged the resignation of John S. Amos.
7.H. PROFESSIONAL SERVICES ADVISORY COMMITTEE (PSA 0 —APPOINTMENT OF
ROBERT M. POORE, JR. TO REPLACE ROBERT BRACKETT
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously acknowledged the appointment of Robert M.
Poore, Jr. to replace Robert Brackett.
U. TOURIST DEVELOPMENT COUNCIL (TDO — RESIGNATION OF DONALD DARKO
AND VIRGINIA MANN
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously acknowledged the resignation of Donald Darko
and Virginia Mann.
APRIL 1, 2003 6
U ECONOMIC DEVELOPMENT COUNCIL — RESIGNATION OF ROSALIE WEBSTER
AND APPOINTMENT OF .JOHN GALLO
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously acknowledged the resignation of Rosalie
Webster and the appointment of John Gallo.
7.K. BEACH & SHORE ADVISORY COMMITTEE — RESIGNATION OF VIRGINIA MANN
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously acknowledged the resignation of Virginia
Mann.
U. LIBRARIES — REQUEST FOR RESOLUTION TO THE GOVERNOR REGARDING THE
DISMANTLING OF THE FLORIDA STATE LIBRARY
Commissioner Neuberger had thought the materials were just being moved and was not
aware of any dismantling of the Library.
Chairman Macht advised that the public's materials would be moved to a private
organization, Nova University. The State's lending library would be moved to a private institution.
The main problem is the loss of publicly -owned materials to the private sector.
Commissioner Ginn emphasized that the history of the State of Florida is maintained at the
Florida State Library. She felt it would be a "windfall" for Nova University to have these materials
that have historically been housed in Tallahassee.
Chairman Macht also noted that the citizens of the State of Florida would not be able to hold
Nova accountable as they can the State.
APRIL 1, 2003 7
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously directed the County Attorney to prepare the
resolution as requested.
7.M. HEAL THINSURANCE PORTABILITYAND ACCOUNTABILITYACT OF 1996
(HIPAA) — CHC HEALTHCARE SOL UTIONS - CONSUL TANT
Deleted.
7.N. 2003-04 BUDGET WORKSHOP/HEARING SCHEDULE FOR 2003
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board unanimously approved Wednesday, July
16, 2003 and Thursday, July 17, 2003 for the 2003/04 Budget Workshops
and Tuesday, September 9, 2003 at 5:01 p.m. and Tuesday, September 16,
2003 at 5:01 p.m. for the 2003/04 Budget Hearings, as recommended by
staff.
7.0. EAST ROSELAND AND EAST GIFFORD STORHWATER IMPROVEMENTS
COST -SHARE GRANT— CHANGE ORDER #1— CONTRACT #99H235 — ST. JOHNS
RIVER WATER MANAGEMENT DISTRICT
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously approved after -the -fact Change Order 41 to the
Stormwater Management Cost -Share Agreement, Contract No.
99H235 with St. Johns River Water Management District, as
recommended by staff.
APRIL 1, 2003 8
CHANGE ORDER IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.P. KINGS HIGHWAYIHPROVEHENTS —PARTIAL RELEASE OF RETAINAGE FOR
TESTING SERVICES — DUNKELBERGER ENGINEERING AND TESTING
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously approved a partial release of retainage in the
amount of $12,321.15 to Dunkelberger Engineering and Testing, as
recommended by staff.
7.0. RESOLUTION 2003-032 APPROVING TRAFFIC CONTROL DEVICES
AUTHORIZED BY THE DIRECTOR OF PUBLIC WORKS
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously adopted Resolution 2003-032 approving
Traffic Control Devices authorized by the Director of Public Works.
7.R. BID #3032 — UTILITIES DEPARTMENT ANNUAL LABOR CONTRACT THROUGH
FY 2003 — UTILITY UNDERGROUND. INC (FKA GEORGE E. FRENCH)
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously approved the renewal of the annual labor
contract with Utility Underground, Inc. (flea George E. French)
beginning retroactively on January 7, 2003, as recommended by staff.
APRIL 1, 2003 9
CONTRACT WILL BE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
7.S. UTILITY WATER/SEWER BILLING — SUNGARD MAILING SERVICES CONTRACT
RENEWAL THROUGH J UNE 30.2005
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously approved renewal of the contract with SunGard
Mailing Services, as recommended by staff.
RENEWAL CONTRACT WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
7.T POINTE WEST CENTRAL VILLAGE, PHASE III. PD — CONTRACT FOR
CONSTRUCTIONOFREOUIREDSIDEWALKIMPROVEMENTSAND CASHDEPOSIT
AND ESCROWAGREEMENT
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously authorized the Chairman to execute both the
Contract for Construction of Required Sidewalk Improvements No.
PD-02-02-SIDECFC/PH3 (99070081-31492) and the Cash Deposit
and Escrow Agreement, as recommended by staff.
AGREEMENTS ARE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
APRIL 1, 2003 10
7.U. RESOLUTION 2003-033 SETTING FORTH THE SECTIONS OF CERTAIN COUNTY
RESOL UTIONS THAT ARE SUPERSEDED BY ORDINANCE 2003-010
(COMMITTEES: AGRICULTUREADVISORY. BEACH AND SHORE
PRESERVATION; ECONOMIC DEVELOPMENT COUNCIL; EMERGENCYSERVICES
DISTRICT ADVISORY; HISTORIC RESOURCES ADVISORY; LAND ACQUISITION
ADVISORY; MARINE AD VISOR Y/NARROWS WATERSHED ACTION; PARKS &
RECREATION; PUBLICLIBRARYADVISORYBOARD; AND UTILITYADVISOR Y)
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously adopted Resolution 2003-033 setting forth the
sections of certain County Resolutions that are superseded by
Ordinance 2003-010 pursuant to Exhibit A attached thereto.
7.V RESOLUTION 2003-034 DESIGNATING THE THEN -CURRENT COUNTY
ATTORNEY OR DESIGNEE AS THE BOARD'S REPRESENTATIVE ON THE 19Tx
.JUDICIAL CIRCUIT CONFLICT COMMITTEE AND RESCINDING RESOL UTION
2000-082
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously adopted Resolution 2003-034 designating the
then -current County Attorney or designee as the Board's
representative on the Nineteenth Judicial Circuit Conflict Committee
and rescinding Resolution No. 2000-082.
APRIL 1, 2003 11
7.W. SOLID WASTE ORDINANCE AMENDMENTS — PERMISSION TO ADVERTISE FOR
PUBLIC HEARING ONAPRIL 15, 2003
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously authorized staff to advertise the proposed
amendments to the Solid Waste Ordinance for public hearing on
April 15, 2003, as recommended by staff.
7.X. PINE RIDGE CLUB. INC —FINAL PLAT APPROVAL FOR SUBDIVISION TO BE
KNOWN AS PINE RIDGE CL UB
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously granted final plat approval for the Pine Ridge
Club Subdivision, as recommended by staff.
7.Y .JUNGLE TRAIL/PELICAN ISLAND WILDLIFE REFUGE — RELEASE OF
RETAINAGE FOR SUMMIT CONSTRUCTION MANAGEMENT, INC
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously approved release of retainage in the amount of
$126,311.99 to Summit Construction Management, Inc., as
recommended by staff.
APRIL 1, 2003 12
7.Z. JUNGLE TRAIL/PELICAN ISLAND WILDLIFE REFUGE PUBLIC IMPROVEMENTS
— BRAD SMITHASSOCIATES, INC ENGINEERING AND ARCHITECTURAL
SERVICES AGREEMENT — REQUEST FOR FINAL PAYMENT AND RELEASE OF
RETAINAGE — PROJECT 9724
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously approved final payment in the amount of
$767.06 to Brad Smith Associates, Inc., as recommended by staff.
7.AA. BID #5045 — FLEET MAINTENANCE FACILITY TESTING SERVICES —A. M.
ENGINEERING & TESTING. INC
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously awarded Bid 45045 to A. M. Engineering and
Testing, Inc. in the amount of $26,520, as recommended by staff.
BID DOCUMENTS WILL BE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
APRIL 1, 2003 13
7.BB. PROPOSED RESOLUTION RECONSTITUTING THEINDIANRIVER COUNTYPARKS
AND RECREATION COMMITTEE AND REPEALING RESOL UTION 1994-064
Commissioner Neuberger questioned why this item was being heard under the Consent
Agenda rather than allowing public discussion, and Chairman Macht agreed that, since
Commissioner Adams is absent, it would be better tabled until her return.
Commissioner Ginn commented that she believed advisory committees need to meet on a
quarterly basis, determined on a case-by-case basis.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously tabled the matter to a subsequent meeting.
9.B.1. PUBLIC DISCUSSION ITEM - GEORGE RACICOT - CODE
ENFORCEMENT MATTERS
George Racicot, 1455 901'' Avenue, Lot 310, referred to the letter he received from Deputy
Building Director James Akins, and emphatically stated that he was concerned about being
electrocuted. The wires are still in the fence and the conduit is still there. He referred to several
regulations respecting inspections and permits and showed on the Elmo a letter he received from
Heron Cay, the park owner. He also complained about standing water and the stability of the fence.
Deputy Building Director James Akins stated that all of Mr. Racicot's complaints were
inspected and everything required to be inspected has been inspected. The Building Department has
done what is necessary for the safety of the citizens of Indian River County.
Commissioner Neuberger stated that he had spoken with Mr. Racicot and there is apparently
an old wire still on the fence which is disconnected from any power supply. Mr. Racicot needs to
go to the Heron Cay management with his other complaints as there are no County Code violations.
Chairman Macht advised Mr. Racicot that the items are the subject of a civil matter between
himself and the park owner.
APRIL 1, 2003 14
NO ACTION REQUIRED OR TAKEN.
9.B.2. PUBLIC DISCUSSION ITEM - BRIAN HEADY - LOCAL SUPPORT
FOR A UNITED AMERICA
(CLERK'S NOTE: SEE ALSO ITEM 13.A.1 FOR FURTHER DISCUSSION.)
Brian Heady, Vero Beach, noted that starting a car rolling is much easier and safer than
trying to stop it once it has started rolling. He agreed that transferring the State Public Library
materials to Nova University was a bad idea. He reminded the Board that, at the last meeting, he
had asked them for some action to stop the ball rolling as far as budget cuts for military veterans.
He felt that whether or not you are for the war, you should certainly support the war's veterans.
He believed it would be an outrage to cut benefits for existing veterans, especially in light of the fact
that a message would be sent to the military, who will be tomorrow's veterans, that the rug could
be pulled from beneath them at some point in the future. He asked the Board to adopt a resolution
to be sent to the congressional leaders telling them that cutting benefits for veterans is not an
acceptable way of finding financing for any other project.
Chairman Macht stated that, based on Mr. Heady's remarks of last week, staff did research
the matter and found that the action on all cuts has been shelved. He also mentioned that
Representative Dave Weldon took an active position in scrubbing those cuts.
NO ACTION REQUIRED OR TAKEN.
9.C. PUBLIC NOTICE ITEMS
9.C.1. SCHEDULED FOR PUBLIC HEARING APRIL 8, 2003
A. GRAVES BROTHERS. INC — REQUEST FOR ABANDONMENT OF A
PORTION OF TROPICAL AVENUE (471HAVENUE) LYING BETWEEN 84TH STREET
AND US#I
B. ST. MARK'S OF INDIAN RIVER COUNTY — REQUEST FOR SPECIAL
EXCEPTION USE APPROVAL TO CONSTRUCT A PLACE OF WORSHIP — SUBJECT
APRIL 1, 2003 15
SITE IS LOCATED ON THE SOUTH SIDE OF 45TH STREET APPROXIMATEL Y 3001
WEST OF INDIAN RIVER BOULEVARD
9.C.2. SCHEDULED FOR PUBLIC HEARING APRIL 15, 2003
A. SUNLAND CUSTOMHOMES —REQUEST TO REZONE 40.3 7ACRES ON THE
NORTH SIDE OF 13TH STREET SW APPROXIMATEL Y 1900 FEET EAST OF 58TH
AVENUE FROMA-I TO RS-3
B. CHARLES PALMER — REQUEST TO REZONE 10.32 ACRES BETWEEN 26TH
STREET AND INDIANRIVER MALL FROMA-1 TO RM-8
C WOODY WOOD — REQUEST TO REZONE 1.1 ACRES AT THE SOUTHWEST
CORNER OF 144TH STREET AND US#1 FROM CL TO CG
9.C.3. SCHEDULED FOR PUBLIC HEARING APRIL 22, 2003
A. COUNTY-INITIATED REQUEST TO UPDATE THE CAPITAL
IMPROVEMENTS AND TRANSPORTATIONELEMENTS OF THE COMPREHENSIVE
PLAN
The Chairman read the notice into the record.
APRIL 1, 2003 16
11.B.1. RESOLUTION 2003-035 APPROVING THE 2002-2003 INDIAN
RIVER COUNTY HAZARDOUS MATERIALS EMERGENCY PLAN
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Commissioner
Adams absent) unanimously adopted Resolution 2003-035
approving the Indian River County Hazardous Materials Emergency
Plan.
HAZARDOUS MATERIALS EMERGENCY PLAN
IS ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD
11.C.1. RFO#5022 - SHERIFF'S ADMINISTRATION BUILDING
HVAC - ENGINEERING SERVICES FOR ADMINISTRATION
BUILDING CHILLER REPLACEMENT - APPROVE
NEGOTIATIONS WITH TLC COCOA
Deleted.
11.C.2. DECLARE EXCESS EOUIPMENT SURPLUS FOR SALE OR
DISPOSAL - ARC DONATION AND SHERIFF'S AUCTION ON
APRIL 12, 2003
General Services Director Tom Frame stated that ARC has requested another item from the
surplus list for their donation and asked the Board to declare the items surplus and table the vote on
the donation to ARC until next week.
APRIL 1, 2003 17
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board, by a 4-0 vote (Commissioner
Adams absent) unanimously declared all listed equipment (with the
exception of the items requested to be donated to the Association for
Retarded Citizens) surplus and authorized their proper disposal
through a proposed auction to be held at the Sheriff's on April 12,
2003, as recommended by staff.
11.G.1. CR -512 CORRIDOR IMPROVEMENTS - ADDENDUM 6 TO
PROFESSIONAL ENGINEERING SERVICES AGREEMENT -
PROJECT 9611- MASTELLER AND MOLER, INC.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Lowther, the Board, by a 4-0 vote (Commissioner
Adams absent) unanimously approved Addendum 46 and directed
the Chairman to execute same, as recommended by staff.
ADDENDUM IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.G.2. CIVIL ENGINEERING AND BRIDGE DESIGN SERVICES -
RFP# 0208, 0209 AND 0370 - KIMLEY-HORN & ASSOCIATES, INC.
(1. 82ND AVENUE BRIDGE OVER LATERAL D CANAL [4TH
STREET], 2. 4TH STREET BRIDGE OVER COOCH DITCH [35TH
AVENUE], AND 3. 41ST STREET BRIDGE OVER LATERAL A
CANAL [66TH AVENUE])
APRIL 1, 2003 18
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Lowther, the Board, by a 4-0 vote (Commissioner
Adams absent) unanimously approved the contract and directed the
Chairman to execute same, as recommended by staff.
CONTRACT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
11.H.1. SOUTH COUNTY WATER TREATMENT PLANT
ENGINEERING SERVICES - CAMP, DRESSER, MCKEE - WORK
AUTHORIZATION #17 - INCREASE UPPER LIMIT TO $60,000
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Commissioner
Adams absent) unanimously approved expanding the upper limit of
Work Authorization 417 to $60,000, an increase of $15,000, as
recommended by staff.
11.H.2. TROPICAL ISLES SUBDIVISION - DEVELOPERS
AGREEMENT FOR CONSTRUCTION OF OFF-SITE SANITARY
SEWER FORCE MAIN - ATLANTIC COAST CONSTRUCTION &
DEVELOPMENT, INC.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Commissioner
Adams absent) unanimously approved the agreement; authorized the
Department of Utility Services to recover capacity charges and line
extension fees from future customers; and authorized the Chairman
to execute the agreement, as recommended by staff.
APRIL 1, 2003 19
AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
11.H.3. KINGSLAKE SUBDIVISION - PETITION WATER SERVICE
WEST OF KINGS HIGHWAY, 62ND LANE, 58TH, 59TH AND 60TH
COURTS - PROJECT UCP -2297 - PETITION FOR WATER
SERVICE AND FIRE PROTECTION
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Commissioner
Adams absent) unanimously approved the project and authorized
staff to proceed with the engineering design work and award a
contract for survey services based on the most favorable quote, in
preparation for the special assessment project, as recommended by
staff.
11.H.4. RESOLUTION 2003-036 CERTIFYING "AS -BUILT" COSTS
FOR INSTALLATION OF WATER SERVICE TO BOBBI J
SUBDIVISION (36TH COURT NORTH OFF FIRST STREET SW) IN
INDIAN RIVER COUNTY, FLORIDA
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Lowther, the Board, by a 4-0 vote (Commissioner
Adams absent) unanimously adopted Resolution 2003-036 certifying
"as -built" costs for installation of water service to Bobbi J
Subdivision (36th Court north off First Street SW) in Indian River
County, Florida.
APRIL 1, 2003 20
11.H.5. ABINGTON WOODS SUBDIVISION - DEVELOPERS
AGREEMENT FOR CONSTRUCTION OF OFF-SITE SANITARY
SEWER FORCE MAIN - POPLAR DEVELOPMENT, INC.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Commissioner
Adams absent) unanimously approved the agreement and authorized
the Department of Utility Services to recover capacity charges and
line extension fees from future customers, as recommended by staff.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.H.6. CENTRAL WASTEWATER TREATMENT FACILITY,
REGIONAL SLUDGE PROCESSING FACILITY AND SOUTH
WASTEWATER TREATMENT FACILITY ODOR CONTROL
IMPROVEMENTS DESIGN - POST, BUCKLEY, SCHUH AND
JERNIGAN WORK AUTHORIZATION - AGREEMENT #2
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously approved Professional Services Agreement 42
for $213,258, as recommended by staff.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
APRIL 1, 2003 21
12. COUNTY ATTORNEY - RESOLUTION 2003-037 APPROVING AN
EXCHANGE OF 53" STREET RIGHT-OF-WAY WITH GHA
GRAND HARBOR, LTD.
PROOF OF PUBLICATION OF NOTICE OF PROPOSED EXCHANGE
OF REAL PROPERTY IS ON FILE IN THE CLERK'S OFFICE
County Attorney Will Collins explained the exchange and noted that the exchange is not
equal. In order to compensate, Grand Harbor will pay an additional $35,890 for the shortfall of .79
acres. The closing is to be held within 30 days and Grand Harbor will also pay any taxes through the
date of closing, as well as stamps and recording on the documentation.
Commissioner Neuberger asked what use the County would have for the property, and
Attorney Collins responded that the Public Works Department will be able to use that property in
future right-of-way for the 53rd Street area.
Public Works Director Jim Davis stated that 53rd Street west of Indian River Boulevard will
be widened to accommodate turn lanes and will be a major east -west artery, eventually going out to
I-95. The land will be used in conjunction with all the infrastructure that has to go in that corridor.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Lowther, the Board, by a 4-0 vote (Commissioner
Adams absent) unanimously approved the agreement; authorized the
Chairman to execute same; and adopted Resolution 2003-037
approving an exchange of 53rd Street right-of-way with GHA Grand
Harbor, Ltd.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
APRIL 1, 2003 22
13.A.1. CHAIRMAN KENNETH R. MACHT - FEDERAL BUDGET
CUTS FOR VETERANS
(CLERK'S NOTE: SEE ALSO ITEM 9.13.2. FOR FURTHER DISCUSSION.)
Chairman Macht asked for consensus for a resolution as proposed by Mr. Heady.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams
absent) unanimously directed the County Attorney to prepare a
resolution objecting to any budget cuts for veterans.
13.A.2. CHAIRMAN KENNETH R. MACHT - PURCHASING
PRACTICES
Chairman Macht felt that, in view of current events, the Purchasing Department should be
asked to set up some mechanism to indicate the country of origin for materials and/or contractors
for contracts of any consequence. He had recently learned that a lot of municipalities had sold their
water processing departments to German and French firms.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Commissioner
Adams absent) unanimously approved adding an inquiry as to the
country of origin of materials and suppliers to forms used by the
Purchasing Department.
APRIL 1, 2003 23
13.D. COMMISSIONER THOMAS S. LOWTHER - MOTION TO
RECONSIDER THE COLONY'S REOUEST TO MODIFY
APPROVED CONCEPTUAL PD PLAN AND PD ZONING (SEE
MARCH 18, 2003 MINUTES)
Upon questioning by Commissioner Lowther, County Attorney Will Collins gave a brief
explanation of the process involved in a move to reconsider the proposal by the full commission and
noted that there would be a one-year waiting period before the applicant could bring back a new or
modified proposal.
Commissioner Lowther stated that Attorney Bruce Barkett had contacted him in an effort to
have the full Board review the same proposal heard on March 18, 2003. He wanted to be certain
that he was taking the correct procedural approach.
County Attorney Collins noted that if the Board wishes to reconsider the project, it will have
to be re -advertised.
Scott McGuire, of Knight & McGuire, representing the applicant, felt he had not entirely
understood what the Board wanted at the last meeting and could have been prepared to present
modifications at that time. He believed the Board needed to be a little more sensitive to planned
development modifications.
Chairman Macht stated that it is not the Board's job to dictate ab initio how to construct a
project but he had been surprised when no alternate plan was presented at the meeting. He felt it
was a failure on Mr. McGuire's part not to recognize the objections and react to them.
Mr. McGuire was not sure that all the Commissioners understood that the original plan
contains smaller lot sizes than the proposed changes.
Commissioner Lowther noted that he had not been on the Board at the time the original plan
was approved but that he was certainly against the small lot sizes and the removal of the golf course.
CONSENSUS was reached not to reconsider the matter.
APRIL 1, 2003 24
14.A. EMERGENCY SERVICES DISTRICT
None.
14.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment, the Board would reconvene
as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being
prepared separately.
14.C. ENVIRONMENTAL CONTROL BOARD
The Chairman announced that immediately upon adjournment of the Solid Waste Disposal
District Meeting, the Board would reconvene as the Board of Commissioners of the Environmental
Control Board. Those Minutes are being prepared separately.
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 10:16 a.m.
ATTEST:
Jeffrey K. Barton, Clerk Kenneth R. Macht, Chairman
Minutes Approved:
BCC/PLJ/3003Minutes
APRIL 1, 2003 25