The URL can be used to link to this page

Home My WebLink About06/14/2005 (2) INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF JUNE 14, 2005 1.CALL TO ORDER........................................................................................ 1 2.INVOCATION ............................................................................................... 1 3.PLEDGE OF ALLEGIANCE...................................................................... 1 4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ............................................................................................................ 2 5.A.PRESENTATION - CHECK FROM FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (FDCA) - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) .......................................... 2 6.APPROVAL OF MINUTES ........................................................................ 2 7.CONSENT AGENDA ................................................................................... 3 7.A.R–DFWCD–2004AR EPORTS ELTA ARMS ATER ONTROL ISTRICT UDIT EPORT 2004ALGFR .................................3 AND NNUAL OCAL OVERNMENT INANCIAL EPORT 7.B.AW ...........................................................................................3 PPROVAL OF ARRANTS 7.C.SRSA–FD TATE EVENUE HARING PPLICATION LORIDA EPARTMENT OF R.....................................................................................................................3 EVENUE JUNE 14, 2005 1 7.D.CBA&A–R ONSTRUCTION OARD OF DJUSTMENT PPEALS ESIGNATION OF RM(APCP) ..........................4 ONNIE EEKS LTERNATE LUMBING ONTRACTOR OSITION 7.E.AAC–RDB GRICULTURE DVISORY OMMITTEE ESIGNATION OF AVE ERGGREN (AIA) ...................................................................4 SSOCIATED NDUSTRY PPOINTMENT 7.F.AAC–AKO’D GRICULTURE DVISORY OMMITTEE PPOINTMENT OF EVIN ARE (AIRBT) ............................................4 SSOCIATED NDUSTRY EPLACING ILL HOMPSON 7.G.RN.2005-090-TCRPC ESOLUTION O REASURE OAST EGIONAL LANNING OUNCIL (PB,M,S.L,IRC)–A ALM EACH ARTIN T UCIE AND NDIAN IVER OUNTIES MENDED RIA .................................................................4 AND ESTATED NTERLOCAL GREEMENT 7.H.RN.2005-091/2005-093–TRR&T ESOLUTION OS AX OLL EMOVALS AX CPA–R/W41S(S.G ST ANCELLATIONS ON ROPERTY CQUISITIONS TREET IFFORD R)C&N;R/WOR(9SSW)B TH OAD OULTAS OFI SLO OAD TREET ETHLEHEM T,I.;R/W69S(N.WBR)R& TH EMPLE NC AND TREET INTER EACH OAD OHM B ..................................................................................................................5 ROGNANO 7.I.WWCWSP–CD EST ABASSO OMMUNITY ATER ERVICE ROJECT OUNTY EEDS RTR--W:JHW ETURNING HREE IGHTSOFAY TO EAN ELEN ILLIAMS AND SH(2)CMKB TANLEY EARREN PARCELS AND HARLES CENZIE AND ELINDA MK ..................................................................................................................6 CENZIE 7.J.AB#7068–TCRRM–S WARD ID WO ONTOUR OTARY OUGH OWERS ANDRIDGE GC–GERC. ............................................6 OLF OURSE OLF QUIPMENT ESOURCES ORP 7.K.HRSR–RFP URRICANE EPAIRS AT HOOTING ANGE ELEASE OF INAL AYMENT TO SCM,I. ...........................................................7 UMMIT ONSTRUCTION ANAGEMENT NC 7.L.RN.2205-094–MBA014.............8 ESOLUTION O ISCELLANEOUS UDGET MENDMENT 7.M.TCHSC,I.–FO REASURE OAST OMELESS ERVICES OUNCIL NC AMILY PTIONS THHMI RANSITIONAL OUSING AND OMELESS ANAGEMENT NFORMATION S–RGA–DH YSTEM ENEWAL RANT GREEMENTS EPARTMENT OF OUSING AND UD ...............................................................................................8 RBAN EVELOPMENT 7.N.PWVBL.–FPAP OINTE EST OF ERO EACH TD INAL LAT PPROVAL FOR OINTE WSVPIIPD(PD)–C EST OUTH ILLAGE HASE LANNED EVELOPMENT ONTRACT CRSI ...............................8 FOR ONSTRUCTION OF EQUIRED IDEWALK MPROVEMENTS JUNE 14, 2005 2 8.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES .................................................................................................... 9 9.A.PUBLIC HEARING – RESOLUTION NO. 2005-095 - JOHN KUEHNE AND CRAIG RUSTAY – ABANDONMENT OF A ST PORTION OF 21 STREET LYING IMMEDIATELY WEST OF TH 54 AVENUE (LEGISLATIVE) ................................................................ 9 9.B.1.PUBLIC DISCUSSION ITEM– REQUEST FROM CAROLINE D. GINN TO SPEAK REGARDING PROPOSED FIRE/PARAMEDIC CONSOLIDATION AND BUDGET ................... 10 9.B.2.PUBLIC DISCUSSION ITEM – EUGENE PERNA – REQUEST TO SPEAK REGARDING FLOODING AND DRAINAGE AT 1900 FLORA LANE .................................................................................... 12 9.B.3.PUBLIC DISCUSSION ITEM – JAMES K. GODFREY – REQUEST TO SPEAK REGARDING GODFREY SAND MINE ...... 13 9.C.PUBLIC NOTICE ITEM SCHEDULED FOR PUBLIC HEARING ON JUNE 21, 2005 ....................................................................................... 15 LTPLLC–R214.64 OST REE RESERVE EQUEST TO REZONE APPROXIMATELY ACRES RS-3,RSF(3/)IL, FROM ESIDENTIAL INGLE AMILY UP TO UNITSACRE AND LI,PD,PDR, IGHT NDUSTRIAL TO LANNED EVELOPMENT ESIDENTIAL AND TO OBTAIN CONCEPTUAL AND PRELIMINARY PLAN DEVELOPMENT APPROVAL FOR A LTP(L)................ 15 DEVELOPMENT TO BE KNOWN AS OST REE RESERVE EGISLATIVE 11.I.1.PUBLIC WORKS – EAST GIFFORD STORMWATER IMPROVEMENTS – POST-CONSTRUCTION STORMWATER JUNE 14, 2005 3 MONITORING AND SAMPLING – WORK ORDER NO. G-1 – PENINSULA HYDROLOGIC DATA SPECIALISTS, INC. ............... 16 11.I.2.PUBLIC WORKS – PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES SELECTION - PARKS MAINTENANCE COMPLEX – EDLUND, DRITENBAS, BINKLEY ARCHITECTS & ASSOCIATES, P.A. ................................ 16 11.I.3.PUBLIC WORKS – HURRICANE DEBRIS REMOVAL CONTRACT – WASTE MANAGEMENT, INC. OF FLORIDA - PARTIAL RELEASE OF RETAINAGE ................................................. 17 11.I.4.PUBLIC WORKS – HURRICANE DEBRIS REMOVAL CONTRACT – DRC INC. – FINAL PAYMENT AND RELEASE OF RETAINAGE ........................................................................................ 17 11.I.5.PUBLIC WORKS – RESOLUTION NO. 2005-096 - ROADWAY TRANSFER AGREEMENT – INDIAN RIVER COUNTY TO FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) – WABASSO ROAD/CR-510 FROM SR-5/US-1 TO SR-A1A ................ 18 11.J.1.UTILITIES SERVICES – RESOLUTION NOS. 2005-097 & 2005-098 - CARLL HEIGHTS SUBDIVISION PETITION THTH WATER SERVICE – 6 PLACE WEST OF 27 AVENUE – RESOLUTIONS I AND II – PROJECT NO. UCP-2448 ....................... 19 11.J.2.UTILITIES SERVICES – SOUTH COUNTY REVERSE OSMOSIS PLANT – WPC INDUSTRIAL CONTRACTORS, LTD. – CONTRACTUAL RECONCILIATION, FINAL PAY JUNE 14, 2005 4 REQUEST, AND RELEASE OF RETAINAGE TO CONTRACTOR – KIMLEY-HORN AND ASSOCIATES, INC. ....... 20 11.J.3.UTILITIES SERVICES – PURCHASE FOUR 100-KILOWATT GENERATOR SETS – FLORIDA DETROIT DIESEL – ALLISON OF ORLANDO......................................................................... 20 13.E.COMMISSIONER GARY C. WHEELER – REQUEST FOR A CONSERVATION LANDS ADVISORY COMMITTEE ..................... 21 14.A.EMERGENCY SERVICES DISTRICT - NONE ................................... 22 14.B.SOLID WASTE DISPOSAL DISTRICT – NONE ................................. 23 14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 23 JUNE 14, 2005 5 June 14, 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, June 14, 2005, at 6:00 p.m. Present were Chairman Thomas S. Lowther, Vice Chairman Arthur R. Neuberger, and Commissioners Sandra L. Bowden, Wesley S. Davis, and Gary C. Wheeler. Also present were County Administrator Joseph Baird, County Attorney William G. Collins II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Patricia Ridgely. 1. CALL TO ORDER The Chairman called the meeting to order. 2. INVOCATION Public Works Director Jim Davis delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Chairman Lowther led the Pledge of Allegiance to the Flag. JUNE 14, 2005 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS The Chairman requested the following changes to today’s Agenda: 1.5.A. – Addition: A report concerning presentation of a check from the Department of Community Affairs. 2.11.I.5. – Additional backup: a resolution for adoption in connection with a Roadway Transfer Agreement. ON MOTION by Commissioner Davis, SECONDED by Commissioner Bowden, the Board unanimously made the above changes to the Agenda. 5.A. PRESENTATION - CHECK FROM FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (FDCA) - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Chairman Lowther advised that yesterday he and Commissioner Wheeler were presented a check in the amount of $9 million for the County by Lt. Governor Toni Jennings and Secretary Thaddeus Cohen of the FDCA representing a Community Development Block Grant and Disaster Relief Funding. 6. APPROVAL OF MINUTES None. JUNE 14, 2005 2 7. CONSENT AGENDA 7.A. R–DFWCD–2004 EPORTS ELTA ARMS ATER ONTROL ISTRICT AR2004ALG UDIT EPORT AND NNUAL OCAL OVERNMENT FR INANCIAL EPORT Placed on file in the Office of the Clerk to the Board. 7.B. AW PPROVAL OF ARRANTS ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for May 27 to June 2, 2005, as requested. 7.C. SRSA–FD TATE EVENUE HARING PPLICATION LORIDA EPARTMENT R OF EVENUE ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously authorized the Chairman to execute the State Revenue Sharing application, as recommended in the memorandum of May 31, 2005. APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD JUNE 14, 2005 3 7.D. CBA&A– ONSTRUCTION OARD OF DJUSTMENT PPEALS RRM(AP ESIGNATION OF ONNIE EEKS LTERNATE LUMBING CP) ONTRACTOR OSITION Mr. Meeks’ resignation is noted for the record. 7.E. AAC–RD GRICULTURE DVISORY OMMITTEE ESIGNATION OF AVE B(AIA) ERGGREN SSOCIATED NDUSTRY PPOINTMENT Mr. Berggren’s resignation is noted for the record. 7.F. AAC–AK GRICULTURE DVISORY OMMITTEE PPOINTMENT OF EVIN O’D(AIRBT) ARE SSOCIATED NDUSTRY EPLACING ILL HOMPSON ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously appointed Kevin O’Dare to the Agriculture Advisory Committee, as recommended in the memorandum of June 8, 2005. 7.G. RN.2005-090-TCR ESOLUTION O REASURE OAST EGIONAL PC(PB,M,S.L, LANNING OUNCIL ALM EACH ARTIN T UCIE AND IRC)–ARI NDIAN IVER OUNTIES MENDED AND ESTATED NTERLOCAL A GREEMENT JUNE 14, 2005 4 ON MOTION by Commissioner Davis. SECONDED by Vice Chairman Neuberger, the Board unanimously adopted Resolution No. 2005-090 authorizing the Chairman of the Board of County Commissioners to execute the Amended and Restated Interlocal Agreement creating the Treasure Coast Regional Planning Council. COPY OF PARTIALLY EXECUTED AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.H. RN.2005-091/2005-093–TRR& ESOLUTION OS AX OLL EMOVALS TCPA–R/W41 ST AX ANCELLATIONS ON ROPERTY CQUISITIONS S(S.GR)C&N;R/WOR TREET IFFORD OAD OULTAS OFI SLO OAD (9SSW)BT,I.;R/W69 THTH TREET ETHLEHEM EMPLE NC AND S(N.WBR)R&B TREET INTER EACH OAD OHM ROGNANO ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously adopted Resolution No. 2005-091 canceling taxes upon publicly owned lands, pursuant to Section 196.28 Florida Statutes. st (R/W 41 Street \[S. Gifford Road\] Coultas & Nofi) ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously adopted Resolution No. 2005-092 canceling taxes upon publicly JUNE 14, 2005 5 owned lands, pursuant to Section 196.28 Florida Statutes. th (R/W Oslo Road \[9 Street SW\] Bethlehem Temple, Inc.) ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously adopted Resolution No. 2005-093 canceling taxes upon publicly owned lands, pursuant to Section 196.28 Florida Statutes. th (R/W 69 Street \[N. Winter Beach Road\] Rohm & Brognano) 7.I. WWCWSP–C EST ABASSO OMMUNITY ATER ERVICE ROJECT OUNTY DRTR--W:JH EEDS ETURNING HREE IGHTSOFAY TO EAN ELEN WSH(2)C ILLIAMS AND TANLEY EARREN PARCELS AND HARLES MKBMK CENZIE AND ELINDA CENZIE ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously authorized the Chairman to execute the three deeds provided in the backup, as recommended in the memorandum of June 1, 2005. COPIES OF DEEDS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.J. AB#7068–TCRRM– WARD ID WO ONTOUR OTARY OUGH OWERS SGC–GERC. ANDRIDGE OLF OURSE OLF QUIPMENT ESOURCES ORP JUNE 14, 2005 6 ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously awarded Bid #7068 to Golf Equipment Resources Corp., as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid, as recommended in the memorandum of June 6, 2005. 7.K. HRSR–RF URRICANE EPAIRS AT HOOTING ANGE ELEASE OF INAL PSCM,I. AYMENT TO UMMIT ONSTRUCTION ANAGEMENT NC ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously approved final payment releasing the 10% retention in the amount of $15,597.50 to Summit Construction Management, Inc., as recommended in the memorandum of June 8, 2005. JUNE 14, 2005 7 7.L. RN.2205-094–MB ESOLUTION O ISCELLANEOUS UDGET A014 MENDMENT ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously adopted Resolution No. 2005-094 amending the Fiscal Year 2004-2005 Budget. 7.M. TCHSC,I.–F REASURE OAST OMELESS ERVICES OUNCIL NC AMILY OTHHM PTIONS RANSITIONAL OUSING AND OMELESS ANAGEMENT IS–RGA– NFORMATION YSTEM ENEWAL RANT GREEMENTS DHUD EPARTMENT OF OUSING AND RBAN EVELOPMENT ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously authorized the Chairman to execute the HUD grant agreements, as requested in the letter of June 1, 2005. AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.N. PWVBL.–FPA OINTE EST OF ERO EACH TD INAL LAT PPROVAL FOR PWSVPIIPD OINTE EST OUTH ILLAGE HASE LANNED EVELOPMENT (PD)–CCRS ONTRACT FOR ONSTRUCTION OF EQUIRED IDEWALK I MPROVEMENTS JUNE 14, 2005 8 ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously granted final plat approval for the Pointe West South Village Phase II PD, authorized the Chairman to execute the Contract for Construction of Required Sidewalk Improvements with recordation of the plat after the letter of credit guaranteeing construction of the sidewalks and the letter of credit warranting the 3-year maintenance period of the roads and drainage are received, reviewed, and approved by the County Attorney, as recommended in the memorandum of June 8, 2005. COPY OF CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None. 9.A. PUBLIC HEARING – RESOLUTION NO. 2005-095 - JOHN KUEHNE AND CRAIG RUSTAY – ABANDONMENT OF A ST PORTION OF 21 STREET LYING IMMEDIATELY WEST TH OF 54 AVENUE (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD JUNE 14, 2005 9 Planning Director Stan Boling explained the request to the Board using backup page 146 displayed on the overhead. He specified that this is a “paper street” and that homeowners on both sides of the street are opposed to making it a street. Staff recommended adoption of the Resolution and reservation of a 20’ drainage, pedestrian, emergency access and utility easement along the south side of the existing right-of-way, and a reservation of a 20’ wide drainage and utility easement over the west 20’ of the right-of-way. In response to Commissioner Davis, Director Boling advised this property could not be considered a buildable lot. The Chairman opened the public hearing. There were no speakers and the Chairman closed the public hearing. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution No. 2005-095 providing for the closing, abandonment, vacation and discontinuance of a portion of stth 21 Street lying just west of 54 Avenue, reserving a 20-foot easement over the south 20’ and west 20’ of the existing right-of-way, said land lying in Indian River County, Florida. RESOLUTION WILL BE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY 9.B.1. PUBLIC DISCUSSION ITEM– REQUEST FROM CAROLINE D. GINN TO SPEAK REGARDING PROPOSED FIRE/PARAMEDIC CONSOLIDATION AND BUDGET JUNE 14, 2005 10 Caroline D. Ginn, Former Commission Chairman 1134 Galleon Lane, advised she was speaking for herself and on behalf of the Civic Association of Indian River County to express concern for the Board’s quick decision to consolidate the firefighters and paramedics without a feasibility study. She believed the Commissioners had all run for office on a fiscal responsibility platform and, because of excessive costs incurred in Martin County and other jurisdictions, she believed consolidation in Indian River County was not a fiscally responsible decision. She compared the anticipated salaries of certain firefighters (approximately $90,000/year) to that of high-risk employees (utility lineman) in Vero Beach (approximately $60,000). She urged the Commissioners to proceed with caution in raising the salaries of dual qualified firefighters because others would step forward with “me, too” increases. Vice Chairman Neuberger explained his decision to consolidate the two departments was based on an ESDAC (Emergency Services Department Advisory Committee) recommendation when he was still Mayor of the City of Vero Beach. The County is just now in negotiations as to salaries with both groups. Commissioner Davis inquired about and discussed salaries listed on a handout he had. (Note: Clerk was not provided the handout.) He also made inquiries about the retirement systems for high-risk employees both with the City and the County. Commissioner Wheeler recalled he was on the Commission when EMS was removed from the hospital and his intention at that time was to combine the firefighters and EMS employee groups. He specified that a feasibility study was done in 1999 and, therefore, they did not bypass a feasibility study. Presently salaries and contracts are in negotiation. He thought it was common sense that you would have fewer personnel, which equates to lower cost, if one person can do both jobs. He believed there would be tight budget management under our County Administrator. Mrs. Ginn Discussion ensued with commenting on points raised by Commissioners. Commissioner Bowden specified that she continued to call for a feasibility study with today’s numbers, not 1999’s. She believed that no one should lose their job or seniority as a JUNE 14, 2005 11 result of the consolidation and she expected the County would save money and if not, she would ask “why not”. NO ACTION REQUIRED OR TAKEN. 9.B.2. PUBLIC DISCUSSION ITEM – EUGENE PERNA – REQUEST TO SPEAK REGARDING FLOODING AND DRAINAGE AT 1900 FLORA LANE Eugene Perna, 1900 Flora Lane, gave the Board a lot of information during his presentation. Using a laptop computer, he displayed photos of flooding on his lawn, in the street, and in his house. He now lives in a FEMA trailer because standing water in his house has made it uninhabitable. He advised that he has had a repetitive flooding problem since a house was built next door to him that causes water to drain into his yard and house. He believed the house next door is not in compliance with Code and that it was built even higher than the initial specifications. He has met with County staff and Commissioners, written many letters, but has been unable to get the County to resolve his problem. In response to questions, he agreed that his house was damaged 50% or more. Commissioner Wheeler, who had visited Mr. Perna, stated there is no question there is a problem but he did not know who would be responsible to correct it. Public Works Director Jim Davis advised of meeting with Mr. Perna and explained that Flora Lane is a private right-of-way. He further detailed the steps that staff had taken in the past. They were unable to make corrections because the neighbors have been unwilling to pay to fix the problem. County Attorney Will Collins understood Mr. Perna’s plight and counseled that all the lot owners in the neighborhood would have to agree to provide land and funding. The County cannot spend public money on private property. JUNE 14, 2005 12 County Administrator Baird pointed out that if the house is over 50% damaged, Mr. Perna is going to have to raze his house and rebuild to bring it to current Code requirements. Mr. Perna Commissioner Wheeler inquired about insurance on the house, and responded that his mortgage company had required flood insurance and the policy was only for the balance of his mortgage and he cannot afford to rebuild. He is unable to solve this problem because he is retired and living on Social Security; FEMA wants the trailer back. Commissioner Neuberger suggested that Mr. Perna could sell the lot and move elsewhere. County Administrator Baird offered to check with the local bar association to see if any pro bono legal work can be done for Mr. Perna. Commissioner Bowden suggested the County try to help this man and offered to make some inquiries in the community on his behalf. NO ACTION REQUIRED OR TAKEN. (CLERK’S NOTE: Chairman Lowther called a short recess at 7:27 p.m. The meeting was reconvened at 7:35 p.m. with all members present.) 9.B.3. PUBLIC DISCUSSION ITEM – JAMES K. GODFREY – REQUEST TO SPEAK REGARDING GODFREY SAND MINE Michael O’Haire Attorney appeared on behalf of James K. “Kenny” Godfrey and reviewed Mr. Godfrey’s quest for a permit for his sand-mining operation. He specified that the Board approved the sand mine over a year ago with certain requirements. Since that time, staff has told Mr. Godfrey to do additional paving that was not required by the Board. Mr. O’Haire asked the Commission to instruct staff to process Mr. Godfrey’s permit let him move forward without any additional requirements. JUNE 14, 2005 13 Commissioner Wheeler recalled being in the audience when the permit was approved and questioned the additional paving requirements. County Attorney Collins had looked at the P&Z recommendation and had been told Mr. Godfrey was being required to do additional paving which might include another’s property. County Administrator Baird said that staff was trying to follow the Board’s direction to improve the safety of the roads. Commissioner Neuberger understood, but Mr. Godfrey should not be required to pave anything more than what the Board directed. Public Works Director Jim Davis explained in detail what staff had requested to make the road safe for the additional heavy truck traffic and on-coming vehicles. The mobilization of equipment to do the small job was the costly part of the project and the additional paving would have been at minimal cost to ensure safety. Discussion ensued on this issue. County Attorney Collins opined that although what has already been approved cannot be changed, it would be Mr. Godfrey’s responsibility to keep the road passable. If he does not, the County is supposed to have a $2,000 per mile bond to fix it. He confirmed Commissioner Davis’ understanding that Mr. Godfrey could widen it but it did not have to be paved. The only paving requirement was the apron on CR-507 and maybe on his own haul route just to keep it from breaking down. County Administrator Baird specified that there was a lot of discussion about the safety issue when this was approved. Donna Keys P & Z Chairman noted that Mr. Godfrey had informed the P&Z that about once a week he had to pull a truck out of the ditch on the road. He also made them aware there was a severe traffic and safety problem there. P&Z had been made aware of safety requirements and had recommended approval by the Board. Commissioner Davis understood what staff had been trying to accomplish but this issue concerns additional paving beyond the specified paving of the 40’ apron and whether a dirt JUNE 14, 2005 14 road is safe or a paved road is safe. Nevertheless, the former Board of County Commissioners had previously approved the road. st James K. “Kenny” Godfrey, 13515 - 101 Street, indicated his impatience with this whole process and wanted to move on with his project as per the approval he had received. He specified that he could not pave the road because of ownership issues, but he will make the road safer. He will do more than any of the last five mines opened in the county, none of which were required to pave roads. He will harden the road and will do the maintenance and grading. He will widen the road to 24’, stabilize it, tilt it to the south for drainage, and pave the apron at Babcock and an apron on his property. ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Bowden, the Board unanimously approved Mr. Godfrey building the road as he had described and in accordance with the previous approval by the Board of County Commissioners. Prior to the vote, Commissioner Davis inquired whether or not there was a voting conflict for him, and County Attorney Collins responded in the negative. 9.C. PUBLIC NOTICE ITEM SCHEDULED FOR PUBLIC HEARING ON JUNE 21, 2005 LTPLLC–R OST REE RESERVE EQUEST TO REZONE APPROXIMATELY 214.64RS-3,RSF(3 ACRES FROM ESIDENTIAL INGLE AMILY UP TO /)IL,LI,PD,P UNITSACRE AND IGHT NDUSTRIAL TO LANNED DR, EVELOPMENT ESIDENTIAL AND TO OBTAIN CONCEPTUAL AND JUNE 14, 2005 15 PRELIMINARY PLAN DEVELOPMENT APPROVAL FOR A DEVELOPMENT LTP(L) TO BE KNOWN AS OST REE RESERVE EGISLATIVE Executive Aide Kimberly Massung read the notice into the record. 11.I.1. PUBLIC WORKS – EAST GIFFORD STORMWATER IMPROVEMENTS – POST-CONSTRUCTION STORMWATER MONITORING AND SAMPLING – WORK ORDER NO. G-1 – PENINSULA HYDROLOGIC DATA SPECIALISTS, INC. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Bowden, the Board unanimously authorized the Chairman to execute Work Order No. G-1 with Peninsula Hydrologic Data Specialists, Inc. for an estimated amount of $11,200 (weather dependent), as recommended in the memorandum of June 3, 2005. WORK ORDER G-1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.2. PUBLIC WORKS – PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES SELECTION - PARKS MAINTENANCE COMPLEX – EDLUND, DRITENBAS, BINKLEY ARCHITECTS & ASSOCIATES, P.A. JUNE 14, 2005 16 ON MOTION by Commissioner Bowden, SECONDED by Vice Chairman Neuberger, the Board unanimously approved the selection and authorized contract negotiations with Edlund, Dritenbas, Binkley Architects & Associates, P.A., as recommended in the memorandum of June 6, 2005. 11.I.3. PUBLIC WORKS – HURRICANE DEBRIS REMOVAL CONTRACT – WASTE MANAGEMENT, INC. OF FLORIDA - PARTIAL RELEASE OF RETAINAGE ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously authorized the release of one-half on the retainage for Waste Management Inc. of Florida totaling $297,640.26, as recommended in the memorandum of June 1, 2005. 11.I.4. PUBLIC WORKS – HURRICANE DEBRIS REMOVAL CONTRACT – DRC INC. – FINAL PAYMENT AND RELEASE OF RETAINAGE ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously authorized final payment and release of retainage for DRC, Inc. totaling $358,188.07, as recommended in the memorandum of June 2, 2005. JUNE 14, 2005 17 11.I.5. PUBLIC WORKS – RESOLUTION NO. 2005-096 - ROADWAY TRANSFER AGREEMENT – INDIAN RIVER COUNTY TO FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) – WABASSO ROAD/CR-510 FROM SR-5/US-1 TO SR-A1A MOTION WAS MADE by Commissioner Davis, SECONDED by Commissioner Wheeler for discussion, to approve staff’s recommendation. Under discussion and in response to Commissioner Wheeler’s inquiry, Public Works Director Jim Davis reviewed the memorandum and explained in more detail the history of the Wabasso Bridge since the 1970s and described what the County has done to maintain it. The FDOT has recently agreed to take over the maintenance of this bridge and he recommended transferring the funds the County has earmarked for maintenance to the State; he had confidence that FDOT would do the work needed and anticipated they would add additional dollars to take care of it. He expected FDOT to resurface and repair the bridge and make the sidewalks wider. The County will still monitor the bridge and work with the FDOT inspectors. He believed the County would save money by executing this agreement. The Chairman CALLED THE QUESTION and the motion carried unanimously. (The Board adopted Resolution No. 2005-096 and approved the Roadway Transfer Agreement with FDOT.) AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD JUNE 14, 2005 18 11.J.1. UTILITIES SERVICES – RESOLUTION NOS. 2005-097 & 2005-098 - CARLL HEIGHTS SUBDIVISION PETITION THTH WATER SERVICE – 6 PLACE WEST OF 27 AVENUE – RESOLUTIONS I AND II – PROJECT NO. UCP-2448 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution No. 2005-097 providing for water main th expansion to Carll Heights Subdivision (6 Place west of th 27 Avenue) in Indian River County, Florida; providing the total estimated cost, method of payment of assessments, number of annual installments, and description of the area to be served. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution No. 2005-098 setting a time and place at which the owners of properties located in Carll Heights thth Subdivision (6 Place west of 27 Avenue) in Indian River County, Florida, and other interested persons, may appear before the Board of County Commissioners of Indian River County and be heard as to the propriety and advisability of constructing the water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be specially assessed against each property benefited thereby. JUNE 14, 2005 19 11.J.2. UTILITIES SERVICES – SOUTH COUNTY REVERSE OSMOSIS PLANT – WPC INDUSTRIAL CONTRACTORS, LTD. – CONTRACTUAL RECONCILIATION, FINAL PAY REQUEST, AND RELEASE OF RETAINAGE TO CONTRACTOR – KIMLEY-HORN AND ASSOCIATES, INC. ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously a) authorized deduction in the amount of $37,742 from Contractor’s Final Pay Request #16 and authorized Final Payment to the Contractor WPC in the amount of $99,943.66 and b) authorized disbursement in the amount of $37,742 to Kimley-Horn for additional engineering services, as recommended in the memorandum of June 7, 2005. DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 11.J.3. UTILITIES SERVICES – PURCHASE FOUR 100-KILOWATT GENERATOR SETS – FLORIDA DETROIT DIESEL – ALLISON OF ORLANDO MOTION WAS MADE by Commissioner Bowden, SECONDED by Commissioner Davis for discussion, to approve staff’s recommendation. JUNE 14, 2005 20 In response to Commissioner Davis’ inquiry, County Administrator Baird confirmed that these generators will be mobile and Utilities Director Erik Olson responded concerning requirements for developments with major lift stations. The Chairman CALLED THE QUESTION and the motion carried unanimously. (The Board approved the purchase of four (4) fixed-base standby generators and waived bid formalities to allow direct purchase of the generators from Florida Detroit Diesel of Orlando, Florida.) 13.E. COMMISSIONER GARY C. WHEELER – REQUEST FOR A CONSERVATION LANDS ADVISORY COMMITTEE Commissioner Wheeler suggested setting up a new committee to specifically deal with the County’s conservation lands. He suggested the committee should include the people who understand conservation needs to better protect our conservation lands and save the County money. He suggested the committee consist of 7 members with one each from the Environmental Learning Center, the Friends of the St. Sebastian River, the Indian River Land Trust, the Indian River Mosquito Control District, the Florida Native Plants Society, the Florida Entomology Laboratory, and the Pelican Island Audubon Society. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Chairman Lowther, to set up a committee as outlined above. JUNE 14, 2005 21 Chairman Lowther commended Commissioner Wheeler and recommended different individuals serve on this new committee, not the same individuals as those who serve on LAAC. Commissioner Davis agreed this was a good idea. He foresaw this committee replacing LAAC to work on proper maintenance of both land conservation and historically significant places. County Attorney Collins pointed out the County already has an Historic Resources Advisory Committee and noted that the maintenance of the Halstrom property was arranged through the Historical Society. Commissioner Wheeler did not envision the new committee to be involved in historic properties. The only connection would be that funding would come from the same pot of money. Chairman Lowther wanted to know whether both LAAC and the new committee would consist of the same members from the same groups. Janice Broda , Mosquito Control District, gave assurances that the Board could pick fresh faces and new blood for the new committee as current committee members already have plenty to do. Chairman Lowther envisioned LAAC members moving to this committee but Commissioner Wheeler disagreed since each committee would have separate objectives. There was CONSENSUS that it did not matter whether or not the same members would be on both committees. The Chairman CALLED THE QUESTION and the motion carried unanimously. (The Board authorized staff to prepare a resolution to form a conservation lands advisory committee.) 14.A. EMERGENCY SERVICES DISTRICT - NONE JUNE 14, 2005 22 14.B. SOLID WASTE DISPOSAL DISTRICT – NONE 14.C. ENVIRONMENTAL CONTROL BOARD The Chairman announced that immediately upon adjournment of the Board of County Commissioners Meeting, the Board would reconvene as the Board of Commissioners of the Environmental Control Board. Those Minutes are being prepared separately and are appended to this document. 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 8:19 p.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman Minutes Approved: _________________ \\ BCC/PR/2005 Minutes JUNE 14, 2005 23