HomeMy WebLinkAbout4/8/2003INDEX TO MINUTES OF THE REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
APRIL 8, 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 THE MONTH OF APRIL 2003
AS CHILD ABUSE PREVENTION MONTH .................................... 2
5.13. PROCLAMATION DESIGNATING THE WEEK OF APRIL 6-12,
2003 AS CRIME VICTIMS' WEEK .................................................. 3
APRIL 8, 2003 1
6.A. APPROVAL OF MINUTES — MARCH 11, 2003 .............................. 3
6.13. APPROVAL OF MINUTES — MARCH 18, 2003 .............................. 3
7. CONSENT AGENDA.......................................................................4
7.A. Approval of Warrants............................................................4
7.13. Resolutions 2003-038/040 — Canceling Taxes on Publicly -
Owned Lands; (1) Gertrude Kromhout Eubanks - 24th Avenue
& 1St Street Right of Way; (2) Lucinda W. Eddy - 24th Avenue
& 1St Street Right of Way; and (3) Transocean Properties -
Old Dixie Highway Right of Way..............................................4
7.C. Authorization to Advertise Amending Chapter 303 of the
Indian River County Code Providing for a Health Department
Inspection Prior to a Demolition - Public Hearing on April 22,
2003............................................................................................ 5
7.D. Resolution 2003-041 Urging the Florida Legislature to
Reinstate Funding in the 2004 State Budget for the State
Library of Florida in Order to Maintain the State Library of
Florida as a Cohesive Unit for the Benefit of All Who Seek
Knowledge and Truth............................................................... 5
APRIL 8, 2003 2
7.E. Friends of the Library - Copiers at the Main Library — New
Lease Agreement — EGP, Inc ................................................... 6
7.F. Bid #5047 — James A. Smalley Utility Sheds - Furnish and
Install 20'x 36' Maintenance Free Storage Building .............6
7.G. Resolution 2003-042 — Authorizing the Conveyance of
Surplus Personal Property to the Association of Retarded
Citizens of Indian River County (ARC)....................................7
7.H. Bid #5042 — Perimeter Fencing at the South County Water
Plant (Nations Fence, Inc.) ....................................................... 7
7.1. Old Douglas School — Funding and Authorization to Install
Air Conditioning Improvements in the Cafetorium (Dasie
HopeCenter)............................................................................. 8
7.J. Floodplain Cut and Fill Balance Waiver - Vero Lake Estates,
Lot 3, Block 16, Unit 3, 8225 91St Avenue — (Tozzolo Brothers
Construction)............................................................................8
7.K. Sequoia Voting Systems Maintenance Contracts —
Supervisor of Elections............................................................9
9.A.1. PUBLIC HEARING - RESOLUTION 2003-043 - ABANDONMENT
OF THE PORTION OF TROPICAL AVENUE BOUNDED BY 84TH
STREET, US 1, AND LOT 12, BLOCK 3 GRAVES BROTHERS
ADDITION TO WABASSO SUBDIVISION (LEGISLATIVE)........... 9
APRIL 8, 2003 3
9.A.2. PUBLIC HEARING — ST. MARK'S OF INDIAN RIVER COUNTY -
REQUEST FOR SPECIAL EXCEPTION USE TO CONSTRUCT A
PLACE OF WORSHIP AT 1795 45TH STREET (POWELL DESIGN
GROUP, INC.)(QUASI-JUDICIAL)................................................11
9.C.1. PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED FOR
APRIL 15, 2003..............................................................................12
Suntree Partners Inc.'s Request to Rezone 29.4 Acres of Property
to PD (Planned Development) Residential, and Modify the
Conceptual Plan Providing for up to 548 Dwelling Units. The
proposed rezoning will modify the previously approved Citrus
Springs PD; adding 29.44 acres along the project's southern
boundary, which will include 71 single family lots at a density of
2.41 units/acre; within the added project area ("Village G"),
minimum lot size be reduced from 12,000 square feet to 10,000
square feet, that side yard minimum setbacks be reduced from 15
feet to 7.5 feet and that internal rights-of-way in various villages be
reduced from 50' to 40'. The site is generally located at the
northeast corner of Oslo Road and 58th Avenue. (Legislative).... 12
9.C.2. PUBLIC NOTICE ITEM — PUBLIC HEARING SCHEDULED FOR
APRIL15, 2003..............................................................................13
Amendments to the Solid Waste Ordinance..................................13
APRIL 8, 2003 4
11.C.1. CUSTODIAL SERVICES FOR COUNTY ADMINISTRATION AND
PURCHASING BUILDINGS (NINETY FIVE SOUTH, INC.) (BID
#5026)............................................................................................13
11.G.1. RENEWAL OF CONSULTANT AGREEMENTS FOR ANNUAL
CONTRACTS FOR SURVEYING AND MAPPING SERVICES
(KIMLEY- HORN & ASSOCIATES INC., CARTER ASSOCIATES,
INC. AND LAWSON, NOBLE AND WEBB, INC.) (PROJECT
#0138)............................................................................................14
11.G.2. KINGS HIGHWAY, PHASE II - CHANGE ORDER NO. 2 IN THE
AMOUNT OF $7,777.51 (SMITH & COMPANY, INC.)..................15
11.G.3. OSLO ROAD AND 43RD AVENUE BRIDGE REPLACEMENT AND
ROADWAY WIDENING -ENGINEERING SERVICES
AMENDMENT NO. 1 IN THE AMOUNT OF $60,100
(KIMLEY-HORN AND ASSOCIATES, INC.).................................16
11.1-1.1. SOUTH COUNTY WATER TREATMENT FINISHED WATER
METER REPLACEMENT - WAIVER OF BIDDING
REQUIREMENTS (PARALEE COMPANY, INC.) ......................... 16
APRIL 8, 2003 5
11.1-1.2. BED, BATH AND BEYOND AT INDIAN RIVER COMMONS MALL
- PARTIAL RELEASE OF EXISTING UTILITY EASEMENT AND
RELEASE OF CASH BOND UCP # 2220 (INDIAN RIVER MALL
ASSOCIATES, LLD)......................................................................17
12.A. COUNTY ATTORNEY - BRIAN WEST (WESTCO - (SEBASTIAN
JOINT VENTURE) PROPERTY - 10 -FOOT RIGHT-OF-WAY
STRIP AT THE NORTHWEST INTERSECTION OF ROSELAND
ROAD AND US #1.........................................................................18
13.13.1 VICE CHAIRMAN GINN - RESOLUTION 2003-044 IN
OPPOSITION TO HOUSE BILL 1307 - TELECOMMUNICATIONS
EMERGENCY BILL.......................................................................18
13.13.2 VICE CHAIRMAN GINN - NEW GUIDELINES FOR COMMITTEES
19
14.A. EMERGENCY SERVICES DISTRICT ........................................... 20
14.13. SOLID WASTE DISPOSAL DISTRICT ......................................... 20
14.C. ENVIRONMENTAL CONTROL BOARD.......................................20
APRIL 8, 2003 6
APRIL 8, 2003
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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 25th Street, Vero Beach,
Florida, on Tuesday, April 8, 2003, at 9:00 a.m. Present were Kenneth R. Macht,
Chairman; Caroline D. Ginn, Vice Chairman; and Commissioners Fran B. Adams,
Thomas S. Lowther, and Arthur R. Neuberger. Also present were James E. Chandler,
County Administrator; William G. Collins II, County Attorney; and Maria I. Suesz, Deputy
Clerk.
1. CALL TO ORDER
Chairman Macht called the meeting to order at 9:00 a.m.
2. INVOCATION
Pastor Ray Scent, First United Methodist Church, delivered the Invocation.
Commissioner Fran B. Adams led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
APRIL 8, 2003 1
Chairman Macht read the following changes to today's Agenda:
1. Add Item 5.13. — Proclamation Declaring the Week of April 6 — 12, 2003 as
Crime Victims' Week
2. Add Item 7.K. — Supervisor of Elections — Sequoia Voting Systems
Maintenance Contracts
3. Add Item 13.13.1. — House Senate Bill 1307, Telecommunications
Emergency Bill
4. Add Item 13.13.2. — New Guidelines for County Committees
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously made the
above changes to the agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PROCLAMATION DESIGNATING THE MONTH OF APRIL 2003
AS CHILD ABUSE PREVENTION MONTH
Commissioner Ginn read and presented the Proclamation to John Corapi, Capitol
Campaign Director and Colette Cook, a volunteer and member of the Hibiscus Children's
Center designating the month of April as Child Abuse Prevention Month in Indian River
County.
Colette Cook, a volunteer and member of the Hibiscus Children's Center
accepted the Proclamation and thanked the Board for helping them spread awareness to
the community and allowing April to be designated as Child Abuse Prevention Month.
She gave a brief summary of the types of services offered at Hibiscus Children's Center.
APRIL 8, 2003 2
5.13. PROCLAMATION DESIGNATING THE WEEK OF APRIL 6-12,
2003 AS CRIME VICTIMS' WEEK
Commissioner Adams read and presented the Proclamation to Lane Frye, Victims
Rights Advocate.
Victims' Rights Advocate Lane Frye, accepted the Proclamation and extended an
invitation to the Board to attend the Victims' Rights Vigil, Thursday, 7:00 p.m., April 10,
2003 at Memorial Island. This is in remembrance of 94 people of Indian River County
that have lost their lives to crime this year.
6.A. APPROVAL OF MINUTES - MARCH 11, 2003
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of March 11, 2003. There were none.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved the
Minutes of the Regular Meeting of March 11, 2003, as written
and distributed.
6.13. APPROVAL OF MINUTES - MARCH 18, 2003
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of March 18, 2003. There were none.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved the
Minutes of the Regular Meeting of March 18, 2003, as written
and distributed.
APRIL 8, 2003 3
7. CONSENT AGENDA
7.A. APPROVAL OF WARRANTS
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for March
20-27, 2003, as recommended in the memorandum.
7.B. RESOLUTIONS 2003-0381040— CANCELING TAXES ON PUBLICLY -
OWNED LANDS, (1) GERTRUDE KROMHOUT EUBANKS - 24TH AVENUE
& IST STREET RIGHT OF WAY; (2) LUCINDA W. EDDY - 24TH AVENUE
& IST STREET RIGHT OF WAY; AND (3) TRANSOCEAN PROPERTIES -
OLD DIXIE HIGHWAY RIGHT OF WAY
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 2003-038 canceling taxes upon publicly owned
lands pursuant to Section 196.28, Florida Statutes (Gertrude
Kromhout Eubanks — 24th Avenue and 1St Street Right of
Way).
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board unanimously adopted
APRIL 8, 2003 4
Resolution 2003-039 canceling taxes upon publicly owned
lands, pursuant to Section 196.28, Florida Statutes (Lucinda
W. Eddy — 24th Avenue and 1St Street Right of Way).
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 2003-040 canceling taxes upon publicly owned
lands. pursuant to Section 196.28, Florida Statutes.
(Transocean Properties — Old Dixie Highway Right of Way).
7.C. AUTHORIZATION TO ADVERTISE AMENDING CHAPTER 303 OF THE
INDIAN RIVER COUNTY CODE PROVIDING FOR A HEALTH
DEPARTMENT INSPECTION PRIOR TO A DEMOLITION - PUBLIC
HEARING ON APRIL 22, 2003
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board unanimously authorized
advertising for a public hearing on April 22, 2003 to amend
Chapter 303 of the Indian River County Code to provide a
Health Department Inspection prior to Demolition, as
recommended in the memorandum.
7.D. RESOLUTION 2003-041 URGING THE FLORIDA LEGISLATURE TO
REINSTATE FUNDING IN THE 2004 STATE BUDGET FOR THE STATE
LIBRARY OF FLORIDA IN ORDER TO MAINTAIN THE STATE LIBRARY OF
APRIL 8, 2003 5
FLORIDA AS A COHESIVE UNIT FOR THE BENEFIT OF ALL WHO SEEK
KNOWLEDGE AND TRUTH
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board unanimously approved
Resolution 2003-041 urging the Florida Legislature to
reinstate funding in the 2004 State Budget for the State
Library of Florida in order to maintain the State Library of
Florida as a cohesive unit for the benefit of all who seek
knowledge and truth.
7.E. FRIENDS OF THE LIBRARY- COPIERS AT THE MAIN LIBRARY— NEW
LEASE AGREEMENT — EGP, INC.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board unanimously approved the
documents for the new lease agreement with EGP, Inc. for
Friends of the Library Copiers at the Main Library, as
recommended in the memorandum.
LEASE AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.F. BID #5047— .JAMES A. SMALLEY UTILITY SHEDS - FURNISH AND
INSTALL 20'x W MAINTENANCE FREE STORAGE BUILDING
APRIL 8, 2003 6
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board unanimously awarded Bid
#5047 to James A. Smalley Utility Sheds to furnish and install
20'x 36' maintenance free storage building, as recommended
in the memorandum.
DOCUMENTS WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.G. RESOLUTION 2003-042— AUTHORIZING THE CONVEYANCE OF
SURPLUS PERSONAL PROPERTY TO THE ASSOCIATION OF RETARDED
CITIZENS OF INDIAN RIVER COUNTY (ARC)
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 2003-042 pursuant to Section 125.38, Florida
Statutes (2002) authorizing the conveyance of surplus
personal property to the Association of Retarded Citizens of
Indian River County.
T H. BID #5042— PERIMETER FENCING AT THE SOUTH COUNTY WATER
PLANT (NATIONS FENCE, INC.)
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board unanimously awarded Bid
#5042 to Nations Fence, Inc. to install a perimeter fence at
APRIL 8, 2003 7
the South County Water Plant, as recommended in the
1I"La11TOWITi O0i,
BID DOCUMENTS WILL BE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
TL OLD DOUGLAS SCHOOL — FUNDING AND AUTHORIZATION TO INSTALL
AIR CONDITIONING IMPROVEMENTS IN THE CAFETORIUM (DASIE
HOPE CENTER)
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board unanimously approved
funding up to $25,000 to install proper air conditioning in the
Old Douglas School cafetorium, as recommended in the
memorandum.
7..J. FLOODPLAIN CUT AND FILL BALANCE WAIVER - VERO LAKE
ESTATES, LOT 3, BLOCK 16, UNIT 3, 8225 91ST AVENUE - (TOZZOL0
BROTHERS CONSTRUCTION)
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board unanimously approved the
Cut and Fill Balance Waiver, as recommended in the
memorandum.
APRIL 8, 2003 8
7.K. SEQUOIA VOTING SYSTEMS MAINTENANCE CONTRACTS—
SUPERVISOR
ONTRACTS—
SUPERVISOR OF ELECTIONS
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board unanimously approved the
Sequoia Voting Systems maintenance contracts, as
recommended in the memorandum.
CONTRACTS ARE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
9.A.1. PUBLIC HEARING - RESOLUTION 2003-043 - ABANDONMENT
OF THE PORTION OF TROPICAL AVENUE BOUNDED BY 84TH STREET„
US 1, AND LOT 12, BLOCK 3 GRAVES BROTHERS ADDITION TO
WABASSO SUBDIVISION (LEGISLATIVE)
PROOF OF PUBLICATION IS ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD
Planning Director Stan Boling showed an aerial photograph of the right -a -way
located in the Wabasso area, a triangular piece of property at Tropical Avenue lying
between 84th Street and U.S. 1. The Graves Brothers are requesting abandonment,
allowing 150' of U.S. 1 right-of-way be retained. If abandoned, the right-of-way area will
be added to the adjacent commercially zoned property to the west that is owned by the
Graves Brothers.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
APRIL 8, 2003 9
Brian Heady, of Vero Beach spoke in opposition to abandoning this piece of
property. He felt that the County should look at the market value of the property and get
back at least what it is worth.
County Attorney Collins addressed Mr. Heady's comments and explained that
State law determines whether or not the County can sell a right-of-way and that depends
on how it is acquired. This right-of-way was acquired by plat dedication. This means the
owner donates it to public use and the County holds the right-of-way in trust for the
public. When the County determines it no longer needs this property for public use the
right-of-way is released. Then the property returns to the original dedicator or their
successor.
Ray Scent, 1615 71St Court, believed it to be prudent if the Graves Brothers were
permitted ownership of this piece of property, which currently is free of taxation as a
right-of-way. It is his opinion that if the Graves Brothers intend to make improvements
adding to the value of the land, this will produce more income through taxation in addition
to employment opportunities.
The Chairman asked if anyone else wished to be heard with regard to this matter.
There being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 2003-043 providing for the closing, abandonment,
vacation and discontinuance of that portion of Tropical
Avenue bounded by 84th Street, U.S. 1, and Lot 12, Block 3
Graves Brothers Addition to Wabasso Subdivision.
APRIL 8, 2003 10
9.A.2. PUBLIC HEARING - ST. MARK'S OF INDIAN RIVER COUNTY -
REQUEST FOR SPECIAL EXCEPTION USE TO CONSTRUCT A PLACE
OF WORSHIP AT 1795 45TH STREET (POWELL DESIGN GROUP„
INC.)(QUASI-JUDICIAL)
PROOF OF PUBLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE
Planning Director Stan Boling displayed an aerial of the site that is zoned for
multi -family residential development. He explained that the purpose of this proposal is
for special exception use approval to construct a place of worship at 1795 45th Street,
Vero Beach, a residential zoned district with the following conditions: A) Prior to the
issuance of a certificate of occupancy, the east and west perimeter Type "D" buffers and
collector road buffer depicted on the plans shall be installed, and B) Prior to the issuance
of a certificate of occupancy for the south (third and final) phase of the project, the south
perimeter type "D" buffer shall be installed.
The Chairman opened the public hearing and asked if anyone wished to be heard
with regard to this matter.
Michael Ward, 1709 26th Avenue, displayed a black and white sketch of the
proposed church. He explained that the bell tower will be 60' in height to house one 1200
Ib. bell and the architects plan 6 -months of construction to completion.
The Chairman asked if anyone else wished to be heard regarding this matter.
There being none, the Chairman closed the public hearing.
APRIL 8, 2003 11
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board unanimously approved the
Special Exception to construct a place of worship subject to
the following conditions, A) Prior to the issuance of a
certificate of occupancy, the east and west perimeter Type
"D" buffers and collector road buffer depicted on the plans
shall be installed, and B) Prior to the issuance of a certificate
of occupancy for the south (third and final) phase of the
project, the south perimeter type "D" buffer shall be installed,
as recommended by staff.
9.C.1. PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED FOR
APRIL 15, 2003
SUNTREE PARTNERS INC.'S REQUEST TO REZONE 29.4 ACRES OF
PROPERTY TO PD (PLANNED DEVELOPMENT) RESIDENTIAL, AND
MODIFY THE CONCEPTUAL PLAN PROVIDING FOR UP TO 548
DWELLING UNITS. THE PROPOSED REZONING WILL MODIFY THE
PREVIOUSLY APPROVED CITRUS SPRINGS PD; ADDING 29.44 ACRES
ALONG THE PROJECT'S SOUTHERN BOUNDARY, WHICH WILL INCLUDE
71 SINGLE FAMILY LOTS AT A DENSITY OF 2.41 UNITS/ACRE; WITHIN
THE ADDED PROJECT AREA ("VILLAGE G"), MINIMUM LOT SIZE BE
REDUCED FROM 12, 000 SQUARE FEET TO 10, 000 SQUARE FEET, THAT
SIDE YARD MINIMUM SETBACKS BE REDUCED FROM 15 FEET TO 7.5
FEET AND THAT INTERNAL RIGHTS-OF-WAY IN VARIOUS VILLAGES BE
REDUCED FROM 50' TO 40'. THE SITE IS GENERALLY LOCATED AT THE
APRIL 8, 2003 12
NORTHEAST CORNER OF OSLO ROAD AND 58TH AVENUE.
LEGISLATIVE)
The Chairman read the notice into the record.
9.C.2. PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED FOR
APRIL 15, 2003
AMENDMENTS TO THE SOLID WASTE ORDINANCE
The Chairman read the notice into the record.
11.C.1. CUSTODIAL SERVICES FOR COUNTY ADMINISTRATION AND
PURCHASING BUILDINGS (NINETY FIVE SOUTH, INC.) (BID #5026)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously approved a
piggy -back off Bid #5026 with Ninety Five South, Inc., for
custodial services for the Administration Building and the
Purchasing Warehouse for the quoted amount of $6,910.68
per month for the remainder of this fiscal year, authorized the
Chairman to execute the standard form of agreement subject
to the review of the County Attorney; authorized General
Services be authorized to renew the agreement for two
additional one year periods, subject to satisfactory
performance, zero increase, vendor acceptance and the
APRIL 8, 2003 13
determination that renewal of this annual contract is in the
best interest of the County, and that the entire custodial
package will be advertised for submittals by qualified firms in
fiscal year 2004-2005, as recommended in the memorandum.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.G.1. RENEWAL OF CONSULTANT AGREEMENTS FOR ANNUAL
CONTRACTS FOR SURVEYING AND MAPPING SERVICES (KIMLEY-
HORN & ASSOCIATES INC., CARTER ASSOCIATES, INC. AND
LAWSON, NOBLE AND WEBB, INC.) (PROJECT #0138)
Commissioner Neuberger questioned the locality of Lawson, Noble and Webb,
Inc. since they were not listed in the phone book.
Commissioner Adams said her fear was that they have opened a store front since
this issue was last addressed only to be awarded the contract as an in -County business
when in fact their business resides out -of -county.
Public Works Director Davis said two companies have local offices and the third
has a small local office of one person. However, he was seeking an extension of the
current contracts to September until they get through the process of soliciting for new
surveying and mapping contracts.
Chairman Macht advised we cannot discriminate against out -of -county
businesses.
APRIL 8, 2003 14
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board unanimously extended the
current surveying and mapping contracts to September 30,
2003 for Kimley-Horn and Associates, Inc., Carter
Associates, Inc, and Lawson, Noble and Webb, Inc. and also
approved soliciting for requests for qualifications for new
surveying and mapping contracts, as recommended by staff.
RENEWAL CONTRACTS FOR KIMLEY-HORN AND ASSOCIATES, INC,
CARTER ASSOCIATES, INC AND LAWSON NOBLE AND WEBB, INC.
ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.G.2. KINGS HIGHWAY, PHASE II - CHANGE ORDER NO. 2 IN THE
AMOUNT OF $7,777.51 (SMITH & COMPANY, INC.)
APRIL 8, 2003 15
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
Change Order No. 2 for Smith & Company, Inc., in the amount
of $7,777.51 with funding and recommendation as set out in
the memorandum for the Kings Highway Project, Phase II.
CHANGE ORDER No. 2 IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
11.G.3. OSLO ROAD AND 43RD AVENUE BRIDGE REPLACEMENT AND
ROADWAY WIDENING -ENGINEERING SERVICES AMENDMENT NO. 1
IN THE AMOUNT OF $60,100 (KIMLEY-HORN AND ASSOCIATES, INC.1
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Lowther, the Board unanimously approved
Amendment No. 1 to the Professional Engineering/Land
Surveying Services Agreement with Kimley-Horn and
Associates, Inc. in the amount of $60,100 for the Oslo Road
and 43rd Avenue Bridge intersection improvements, as
recommended in the memorandum.
AMENDMENT NO. 1 IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
11.1-1.1. SOUTH COUNTY WATER TREATMENT FINISHED WATER
METER REPLACEMENT - WAIVER OF BIDDING REQUIREMENTS
(PARALEE COMPANY, INC.)
APRIL 8, 2003 16
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously waived the
bidding requirements and approved the purchase of a
McCrometer 24" V -Cone Venturi type meter with all the
upgrades from Paralee Company, Inc. in an amount not to
exceed $7,800.00, as recommended in the memorandum.
11.1-1.2. BED, BATH AND BEYOND AT INDIAN RIVER COMMONS MALL
- PARTIAL RELEASE OF EXISTING UTILITY EASEMENT AND
RELEASE OF CASH BOND UCP # 2220 (INDIAN RIVER MALL
ASSOCIATES, LLD)
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously approved
the partial release of the existing utility easement and release
of the cash bond UCP #2220, as recommended in the
memorandum.
PARTIAL RELEASE OF EASEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
APRIL 8, 2003 17
12.A. COUNTY ATTORNEY - BRIAN WEST (WESTCO - (SEBASTIAN
JOINT VENTURE) PROPERTY - 10 -FOOT RIGHT-OF-WAY STRIP AT
THE NORTHWEST INTERSECTION OF ROSELAND ROAD AND US #1
Mr. Feldman, a representative of Westco Development asked for this item to be
deferred as Westco Development Councel were not able to appear today.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board by a 4-1 vote, (Commissioner
Neuberger opposed) approved deferment of this item to a
later date.
13.13.1 VICE CHAIRMAN GINN - RESOLUTION 2003-044 IN
OPPOSITION TO HOUSE BILL 1307 - TELECOMMUNICATIONS
EMERGENCY BILL
Commissioner Ginn strongly believes that House Bill 1307 is unnecessary. This
Bill is allowing the wireless industry to build or add to cellular towers regardless of local
zoning laws. She feels that the wireless companies have approached the Legislature in
an attempt to elude our County Ordinance. Commissioner Ginn encouraged the Board
to adopt a resolution addressed to our Legislative Representatives advising them that
House Bill 1307 is inappropriate and that the local counties need to maintain control.
She also made inquiry as to how many permits have been issued to wireless carriers.
Community Development Director Bob Keating responded that over the last 5 or
6 years they had issued 2 to 3 dozen permits.
Commissioner Neuberger commented that he and Commissioner Lowther, while
in Tallahassee, confronted a couple of legislators and they felt the Bill would be defeated.
APRIL 8, 2003 18
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board adopted Resolution
2003-044 in opposition to House Bill 1307.
Staff was directed to send copies of Resolution 2003-044 to the members of our
local legislative delegation as well as to the Florida Association of Counties.
Bob Johnson, Coral Wind Subdivision questioned whether House Bill 1307 also
relates to the support of 911 service.
Community Development Director Bob Keating said CityScape Consultants
advised him that there was no need for additional antenna support structure to
accomplish 911 implementation and they said they would put that in writing. Mr. Keating
advised the Board that Representative Mayfield did contact him regarding this bill. In
conclusion of their discussion, Indian River County had already implemented most of the
intent of the legislation.
Emergency Services Director John King gave a brief history of the 911 service
provided during Phase 0 (zero) and Phase I and advised that the entire state is moving
to Phase II. Phase II will require a GPS chip in cell phones which will enable the 911
center to obtain an X -Y coordinate for the call. You must have enough towers to
triangulate the signal. He explained further that we are at a disadvantage in this planning
and need to rely on the wireless industry to be honest as to what is needed to implement
this system. He also stated he is relying on CityScape's expertise in this matter.
13.13.2 VICE CHAIRMAN GINN - NEW GUIDELINES FOR
COMMITTEES
APRIL 8, 2003 19
Commissioner Ginn requested new rules and guidelines for County Committees to
follow particularly defining length of term for officers, procedures in preparing agendas,
who can call a meeting, member input and reporting.
After some discussion CONSENSUS was reached for the County Attorney to
prepare a memo of new guidelines and procedures for the Board's approval.
14.A. EMERGENCY SERVICES DISTRICT
None.
14.13. 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
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 10:04 a.m.
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND
ORDINANCES ARE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
ATTEST -
AP R1 L
TTEST:
APRIL 8, 2003 20
Jeffrey K. Barton, Clerk Kenneth R. Macht, Chairman
Minutes Approved:
BCC/MIS/2003Minutes
APRIL 8, 2003 21