HomeMy WebLinkAbout6/24/2003INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JUNE 24, 2003
1. CALL TO ORDER............................................................................................................1
2. INVOCATION..................................................................................................................1
3. PLEDGE OF ALLEGIANCE...........................................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS......................2
5. PROCLAMATIONS AND PRESENTATIONS...............................................................2
6. APPROVAL OF MINUTES.............................................................................................2
7. CONSENT AGENDA........................................................................................................2
7.A. REPORTS......................................................................................................................2
7.B. LIST OF WARRANTS......................................................................................................3
7.C. LIST OF WARRANTS......................................................................................................3
7.D. COUNTY EMPLOYEE ALLEN R. BOWMAN - RETIREMENT AWARD..................................3
7.E. COUNTY EMPLOYEE CHARLES L. CORBIN - RETIREMENT AWARD.................................3
7.F. COUNTY EMPLOYEE RALPH S. JENKINS -RETIREMENT AWARD.....................................3
7.G. COUNTY EMPLOYEE JAMES H. THOMAS, SR. -RETIREMENT AWARD .............................3
TH. COUNTY EMPLOYEE OTTO BLOOMINGBURG - RETIREMENT AWARD ..............................4
7.I. COUNTY EMPLOYEE JANET T. ARMSTRONG - RETIREMENT AWARD ..............................4
JUNE 24, 2003 1
7.J. METROPOLITAN PLANNING ORGANIZATION CITIZENS ADVISORY COMMITTEE (MPO
CAC) AND TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD (TDLCB)
- VACANCIES - DEATH OF MAE ARNOLD..........................................................................4
7.K. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CITIZEN ADVISORY TASK FORCE -
ELECTION OF CHAIRMAN JOE WIGGINS.............................................................................4
7.L. ROSELAND NEIGHBORHOOD PLAN TASK FORCE - RESIGNATION OF BLAKEMAN SMITFL A
7.M. WEST REGIONAL SLUDGE THICKENER SUPPORT (PROJECT WIP 472-169000-02514) -
FINAL PAYMENT TO JIM WRIGHT CONSTRUCTION..............................................................4
7.N. AGENDA FOR BOARD OF COUNTY COMMISSIONERS' MEETINGS -ORDER OF BUSINESS -
PUBLIC HEARING FOR JULY 8, 2003..................................................................................5
7.0. ST. EDWARD'S SCHOOL - OCEAN RIDGE SUBDIVISION NOISE COMPLAINT -APPEAL OF
CODE ENFORCEMENT BOARD ORDER - RETAIN ATTORNEY JOSEPH MASI AS OUTSIDE
COUNSEL.........................................................................................................................5
7.P. $9,875,000 RECREATION REVENUE REFUNDING BONDS, SERIES 1993 (SANDRIDGE GOLF
COURSE BONDS) - REFINANCE - WILLIAM R. HOUGH CO., UNDERWRITER; BRYANT,
MILLER & OLIVE, BOND COUNSEL; FIRST SOUTHWEST CO., FINANCIAL ADVISOR; AND
NABORS, GIBLIN & NICKERSON, DISCLOSURE COUNSEL...................................................6
7.Q. MEDICAL SERVICE CENTER SUBDIVISION (LOTS 7, 8, 9 AND THE WEST 35 FEET OF LOT 10)
- RELEASE OF 20' DRAINAGE EASEMENT - FLINCHUM CONSTRUCTION, INC......................6
7.R. ANNUAL COUNTY TAX DEED APPLICATIONS.................................................................7
7.S. RESOLUTION 2003-069 CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS,
PURSUANT TO SECTION 196.28, FLORIDA STATUTES (GRAND HARBOR PROPERTY
RIGHT-OF-WAY EXCHANGE - 53RD STREET)......................................................................7
73. RESOLUTION 2003-070 CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS,
PURSUANT TO SECTION 196.28, FLORIDA STATUTES (LOST TREE ISLANDS PROPERTY
ACQUIRED BY THE CITY OF VERO BEACH, THE TOWN OF INDIAN RIVER SHORES AND INDIAN
RIVER COUNTY FOR CONSERVATION AND PASSIVE RECREATIONAL USES).........................7
JUNE 24, 2003 2
7.U. MUNIS SOFTWARE SUPPORT LICENSING AGREEMENT..................................................8
TV. HABITAT FOR HUMANITY - REQUEST FOR FINAL PLAT APPROVAL FOR GRACE OAKS II
PLANNED DEVELOPMENT.................................................................................................8
7W. WINDSOR PROPERTIES, INC. - REQUEST FOR FINAL PLAT APPROVAL FOR WINDSOR PLAT
25 (WEST PERIMETER LOTS).............................................................................................9
7.X. LOST TREE ISLANDS -ADDENDUM III TO FLORIDA COMMUNITIES TRUST CONCEPTUAL
APPROVAL AGREEMENT FOR COST -SHARE REIMBURSEMENT OF PURCHASE PRICE (FCT
PROJECT 01 -154 -FF 1) (CITY OF VERO BEACH, TOWN OF INDIAN RIVER SHORES AND
INDIAN RIVER COUNTY)...................................................................................................9
7.Y. ADMINISTRATION BUILDING -MECHANICAL ENGINEERING SERVICES FOR NEW CHILLER
- TLC (TILDEN LOBINTZ COOPER) ENGINEERING............................................................10
7.Z. SHERIFF'S OFFICE HVAC SYSTEM -MECHANICAL ENGINEERING SERVICES FOR HVAC
SYSTEM - TLC (TILDEN LOBINTZ COOPER) ENGINEERING..............................................10
7.A.A.BEACH RESTORATION - SECTORS 1 AND 2 - GREAT LAKES DREDGE AND DOCK CO. -
PARTIAL RELEASE OF RETAINAGE....................................................................................10
7.B.B.BID 45043 - SOUTH REGIONAL WASTEWATER TREATMENT FACILITY - CONTRACT
AGREEMENT WITH GENERAL PHYSICS CORPORATION - HYDROPNEUMATIC TANK SYSTEM
......................................................................................................................................11
9.B.1. PUBLIC DISCUSSION ITEM -BRIAN T. HEADY- TAX BURDEN AND
EXPENDITURES................................................................................................................11
11.B.1. FEMA SUPPLEMENTAL 2002-03 GRANT FOR CONTINUITY OF
OPERATIONS PLAN (COOP) AND COUNTY ANNEX DEVELOPMENT
CONTINUITY OF GOVERNMENT PLAN (COG) - FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS...................................................................................................12
JUNE 24, 2003 3
II.B.2. UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES
DEVELOPMENT OF CONTINUITY OF OPERATIONS PLAN AND COUNTY ANNEX
DEVELOPMENT CONTINUITY OF GOVERNMENT PLAN -
CONSULTING/PROFESSIONAL SERVICES.................................................................12
11.C.1. PHASE II ENVIRONMENTAL ASSESSMENT FOR CITY OF VERO BEACH
PROPERTY PLANNED TO BE PURCHASED FOR NEW COUNTY
ADMINISTRATION BUILDING - GEOSYNTEC CONSULTING................................13
11.C.2. COURTHOUSE -CLOSED CIRCUIT TELEVISION EXPANSION- SIEMENS
BUILDING TECHNOLOGIES, INC.................................................................................13
11.E.1. RESOLUTION 2003-071 AMENDING THE FISCAL YEAR 2002-2003 BUDGET
- BUDGET AMENDMENT #010 - FOURTH OF JULY FIREWORKS FUNDING FOR
THE CITY OF VERO BEACH AND THE CITY OF SEBASTIAN................................14
II.E.2. 2003-2004 BUDGET HEARING SCHEDULE CHANGE FROM SEPTEMBER 9
AND 16, 2003 TO SEPTEMBER 10 AND 17, 2003...........................................................14
11.G.1. FOURTH STREET WIDENING - US#1 TO WEST OF OLD DIXIE
HIGHWAY - FLORIDA EASTCOAST RAILROAD LICENSE AGREEMENT (FDOT
#273049M)...........................................................................................................................15
11.H.1. RESOLUTION 2003-072 CERTIFYING "AS -BUILT" COSTS FOR
INSTALLATION OF WATER SERVICE TO THE WEST SIDE OF U.S. HIGHWAY
ONE IN THE CITY OF SEBASTIAN, FLORIDA (BETWEEN THE WAL-MART
SUPERCENTER AND COUNTY ROAD 512) - PROJECT UW -00 -19 -DS - FINAL
ASSESSMENT - RESOLUTION IV.................................................................................15
JUNE 24, 2003 4
11.H.2. BARBER STREET WALGREENS - DEVELOPER AGREEMENT - FINAL
PAY REQUEST - SOUTHERN DEVELOPMENT SERVICES - PROJECT CDS/CCS
2088....................................................................................................................................16
12.A. C. N. KIRRIE (MENSING) CODE ENFORCEMENT BOARD SUIT
SETTLEMENT...................................................................................................................16
12.B. WILLIAM G. COLLINS, II, COUNTY ATTORNEY - ANNUAL
EMPLOYMENT CONTRACT..........................................................................................17
13.A. CHAIRMAN KENNETH R. MACHT -EMPLOYEE MEDICAL BENEFITS.. 17
14.A. EMERGENCY SERVICES DISTRICT.................................................................18
14.B. SOLID WASTE DISPOSAL DISTRICT................................................................18
14.C. ENVIRONMENTAL CONTROL BOARD............................................................18
JUNE 24, 2003 5
June 24, 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 251h Street, Vero Beach, Florida, on Tuesday,
June 24, 2003, at 9:00 a.m. Present were Kenneth R. Macht, Chairman and Commissioners Fran
B. Adams, Thomas S. Lowther, and Arthur R. Neuberger. Vice Chairman Caroline D. Ginn was
absent on personal business. Also present were James E. Chandler, County Administrator; William
G. Collins II, County Attorney; and Patricia "PJ" Jones, Deputy Clerk.
1. CALL TO ORDER
Chairman Macht called the meeting to order.
2. INVOCATION
Dr. Norman Pavey, Community Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Macht led the Pledge of Allegiance to the Flag.
JUNE 24, 2003 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Macht requested the following change to today's Agenda:
1. Add Item 13.A., Employee Medical Benefits.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously made the above change to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
None.
6. APPROVAL OF MINUTES
None.
7. CONSENT AGENDA
County Attorney Collins pulled Item 7.0. 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. Report of Convictions, May, 2003
2. Municipality Appointments, Current Committee Appointments and Vacancies on
County Committees.
JUNE 24, 2003 2
7.8. LIST OF WARRANTS
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously approved the list of Warrants as issued by
the Clerk to the Board for May 30 -June 5, 2003, as recommended by
staff.
7. C. LIST OF WARRANTS
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board, by a 4-0 vote (Vice Chairman Ginn absent)
unanimously approved the list of Warrants as issued by the Clerk to the
Board for June 6-12, 2003, as recommended by staff.
7.D. COUNTYEMPLOYEEALLENR. BOWMAN—RETIREMENTAWARD
Copy of the award has been entered on the record.
7.E. COUNTYEMPLOYEE CHARLESL. CORBIN—RETIREMENTAWARD
Copy of the award has been entered on the record.
7.F. COUNTY EMPLOYEE RALPH S .JENKINS — RETIREMENT A WARD
Copy of the award has been entered on the record.
7.G. COUNTYEMPLOYEE .JAMES K THOMAS. SR. — RETIREMENT AWARD
Copy of the award has been entered on the record.
JUNE 24, 2003 3
7.H. COUNTYEMPLOYEEOTTOBLOOMINGBURG—RETIREMENTAWARD
Copy of the award has been entered on the record.
7.1. COUNTYEMPLOYEE JANET T. ARMSTRONG — RETIREMENT AWARD
Copy of the award has been entered on the record.
7..1 METROPOLITAN PLANNING ORGANIZATION CITIZENS ADVISORY COMMITTEE
(MPO CAC) AND TRANSPORTATIONDISADVANTAGED LOCAL COORDINATING
BOARD (TDL CB) — VACANCIES — DEATH OF MAE ARNOLD
Notice of the vacancy has been entered on the record.
7.K COMMUNITYDEVELOPMENT BLOCK GRANT (CDBG) CITIZENADVISORY TASK
FORCE —ELECTION OF CHAIRMAN .JOE WIGGINS
Notice of the election has been entered on the record.
7.L. ROSELAND NEIGHBORHOOD PLAN TASK FORCE — RESIGNATION OF
BLAKEMAN SMITH
Notice of the resignation has been entered on the record.
7.M. WEST REGIONAL SL UDGE THICKENER SUPPORT (PROJECT WIP
472-169000-02514) —FINAL PAYMENT TO .JIM WRIGHT CONSTRUCTION
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously approved final payment including all
retainage held in the total amount of $2,790 to Jim Wright
Construction, Inc., as recommended by staff.
JUNE 24, 2003 4
7.N. AGENDA FOR BOARD OF COUNTY COMMISSIONERS' MEETINGS — ORDER OF
BUSINESS — PUBLIC HEARING FOR .IDLY 8.2003
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously authorized advertisement of a proposed
ordinance amending Section 102.04 "Order of Business" of the
Indian River County Code to be heard on July 8, 2003, as
recommended by staff.
7.0. ST. EDWARD'S SCHOOL —OCEAN RIDGE SUBDIVISION NOISE COMPLAINT —
APPEAL OF CODE ENFORCEMENT BOARD ORDER — RETAINATTORNEY
JOSEPHMASI AS OUTSIDE COUNSEL
County Attorney Will Collins gave a brief history of the Code Enforcement Board action
and noted that Community Development Director Bob Keating took additional readings at St. Ed's
on last Friday and the readings were in excess of the levels allowed. There is now an option to
proceed under a specific violation of the noise levels rather than the subjective noise disturbance of
the original action.
Commissioner Adams questioned the amount of time to bring a new action, and Attorney
Collins stated there would probably be a 60 day delay.
Commissioner Adams then questioned whether we could continue under the original action
and bring a new action as well, and Attorney Collins responded that it might be more prudent to do
that.
Attorney Collins recommended that Attorney Masi be retained to handle the appeal of the
original action.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously authorized the engagement of Joseph
JUNE 24, 2003
Masi, Esq. as outside counsel in the appeal of the Code Enforcement
Board's Order at a rate of $75 per hour and recommended that the
Code Enforcement Board also bring a new action based on the
specific noise levels recently obtained by Community Development
Director Bob Keating, as recommended by staff.
7.P. $9.875.000 RECREATIONREVENUE REFUNDING BONDS. SERIES ]993
(SANDRIDGE GOLF COURSE BONDS) — REFINANCE — WILLIAHR. HOUGH CO..
UNDERWRITER; BRYANT. MILLER & OLIVE. BOND COUNSEL; FIRST
SOUTHWEST CO.. FINANCIAL ADVISOR; AND NABORS. GIBLIN & NICKERSON.
DISCLOSURE COUNSEL
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously authorized staff to refinance the
$9,875,000 Recreation Revenue Refunding Bonds, Series 1993,
using the financing team consisting of William R. Hough Company
as Underwriter; Bryant, Miller & Olive as Bond Counsel; First
Southwest Company as Financial Advisor; and Nabors, Giblin &
Nickerson, P.A. as Disclosure Counsel, as recommended by staff.
7.0. MEDICAL SERVICE CENTER SUBDIVISION (LOTS 7.8. 9 AND THE WEST 35
FEET OF LOT ]O) — RELEASE OF 2O' DRAINAGE EASEMENT — FLINCHUH
CONSTRUCTION, INC
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously approved the release of the 20 -foot
JUNE 24, 2003 6
drainage easement and authorized the Chairman to execute the
Release of Easement form, as recommended by staff.
RELEASE OF EASEMENT WILL BE RECORDED
IN THE OFFICIAL RECORDS OF INDIAN RIVER COUNTY
7.R. ANNUAL COUNTY TAX DEED APPLICATIONS
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously approved payment to the Clerk in the
amount of $301.78, as recommended by staff.
7.S. RESOLUTION 2003-069 CANCELLING CERTAIN TAXES UPON PUBLICL Y
OWNED LANDS, PURSUANT TO SECTION 196.28. FLORIDA STATUTES (GRAND
HARBOR PROPERTYRIGHT-OF-WAYEXCHANGE — 53RDSTREET)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously adopted Resolution 2003-069 cancelling
certain taxes upon publicly owned lands, pursuant to Section 196.28,
Florida Statutes (Grand Harbor [Peter J. Henn, P.A., as Trustee]
Right -of -Way Exchange — 53rd Street).
7.T RESOLUTION 2003-0 70 CANCELLING CERTAIN TAXES UPON PUBLICL Y
OWNED LANDS, PURSUANT TO SECTION 196.28. FLORIDA STATUTES (LOST
TREE ISLANDS PROPERTYACOUIRED BY THE CITY OF VERO BEACH. THE
TOWN OF INDIAN RIVER SHORES AND INDIAN RIVER COUNTY FOR
CONSERVATION AND PASSIVERECREATIONAL USES)
JUNE 24, 2003 7
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously adopted Resolution 2003-070 cancelling
certain taxes upon publicly owned lands, pursuant to Section 196.28,
Florida Statutes (Lost Tree Islands — conservation and passive
recreation uses).
7.U. MUNIS SOFTWARE SUPPORT LICENSING AGREEMENT
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously authorized (1) payment of the invoice; (2 )
the Chairman to execute the Agreement with Munis; and (3) the
County Administrator or his designee to have the authority to sign
future annual support and license agreements and to authorize
payment of the annual software support invoice; all as recommended
by staff.
AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
7.V HABITAT FOR HUMANITY—REQUEST FOR FINAL PLATAPPROVAL FOR GRACE
OAKS H PLANNED DEVELOPMENT
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously granted final plat approval for Grace Oaks
II P.D., authorized the Chairman to execute the submitted Contract
for Construction of remaining required improvements, and accepted
the security arrangement, as recommended by staff.
JUNE 24, 2003
CONTRACT IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
7.W. WINDSOR PROPERTIES. INC — REQUEST FOR FINAL PLAT APPROVAL FOR
WINDSOR PLAT 25 (WEST PERIMETER LOTS)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously granted final plat approval for Windsor
Plat 25 and authorized the Chairman to sign the contract for
construction and the security arrangement, as recommended by staff.
COPY OF CONTRACT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.X. LOST TREE ISLANDS — ADDENDUM III TO FLORIDA COMMUNITIES TRUST
CONCEPTUAL APPROVAL AGREEMENT FOR COST -SHARE REIMBURSEMENT OF
PURCHASE PRICE (FCT PROJECT OI -154-FFI) (CITY OF VERO BEACH. TOWN
OF INDIAN RIVER SHORES AND INDIAN RIVER COUNTY)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously authorized the Chairman to execute the
Agreement Addendum and authorized staff to coordinate with the
Town of Indian River Shores and the City of Vero Beach for
approval of the Addendum by those municipalities (extension to
08/30/03), as recommended by staff.
JUNE 24, 2003 9
COPY OF AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.Y ADMINISTRATION BUILDING —MECHANICAL ENGINEERING SERVICES FOR
NEW CHILLER — TLC (TILDENLOBINTZ COOPER) ENGINEERING
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously approved the agreement as submitted, as
recommended by staff.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.Z. SHERIFF'S ADMINISTRATION OFFICE HVAC REPLACEMENT SYSTEM —
MECHANICAL ENGINEERING SER VICES FOR HVA C SYSTEM — TL C (TILDEN
LOBINTZ COOPER) ENGINEERING
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously approved the agreement as submitted, as
recommended by staff.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.A.A.BEACHRESTORATION— SECTORS I AND 2 — GREAT LAKES DREDGE AND DOCK
CO. — PARTIAL RELEASE OF RETAINAGE (FEDP GRANT 98IRI )
JUNE 24, 2003 10
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously approved the application for release of
retainage in the amount of $446,706.86, as recommended by staff.
7.B.B.BID #5043 - SOUTHREGIONAL WASTEWATER TREATMENT FACILITY -
CONTRACT AGREEMENT WITH GENERAL PHYSICS CORPORATION —
HYDROPNEUHATIC TANK SYSTEM
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously approved the Agreement with General
Physics Corporation in the total amount of $62,350; approved the
Agreement in form, subject to final acceptance by the County
Attorney's Office; and authorized the Chairman to execute the
required agreements; all as recommended by staff.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
9.B.1. PUBLIC DISCUSSION ITEM - BRIAN T. HEADY - TAX BURDEN
AND EXPENDITURES
Brian Heady, Vero Beach, referencing the "blue wall of silence", believed that the Board
had allowed evil to prevail by doing nothing when they reneged on their promise to support the
continuation of veterans' benefits. He also noted that he would prefer that citizens be allowed to
speak before the Board without an officer removing them.
NO ACTION REQUIRED OR TAKEN.
JUNE 24, 2003 11
11.B.1. FEMA SUPPLEMENTAL 2002-03 GRANT FOR CONTINUITY
OF OPERATIONS PLAN (COOP) AND COUNTY ANNEX
DEVELOPMENT CONTINUITY OF GOVERNMENT PLAN (COG) -
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously approved the 2002/2003 Supplemental
Grant for Continuity of Operations Plan and Annex
Development/Revisions (Contract 403 -FT -1B-10-40-01-472) with
the new expiration date of April 16, 2004 as submitted by the State
of Florida Division of Emergency Management, as recommended by
staff.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.B.2. UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES
DEVELOPMENT OF CONTINUITY OF OPERATIONS PLAN AND
COUNTY ANNEX DEVELOPMENT CONTINUITY OF
GOVERNMENT PLAN - CONSULTING/PROFESSIONAL
SERVICES
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously approved the contract with the University
of South Florida Board of Trustees for the purpose of developing
and completing a Continuity of Operations Plan and a Continuity of
Government Plan, as recommended by staff.
JUNE 24, 2003 12
CONTRACT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.C.1. PHASE II ENVIRONMENTAL ASSESSMENT FOR CITY OF
VERO BEACH PROPERTY PLANNED TO BE PURCHASED FOR
NEW COUNTY ADMINISTRATION BUILDING - GEOSYNTEC
CONSULTING
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously granted approval to authorize Geosyntec
to proceed with the environmental assessment, as recommended by
staff.
11.C.2. COURTHOUSE - CLOSED CIRCUIT TELEVISION
EXPANSION - SIEMENS BUILDING TECHNOLOGIES, INC.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously waived the formal bidding procedures and
authorized the purchase and installation of additional closed circuit
television system based on the comparative quotes referenced and
authorized the purchase from Siemens Building Technologies at the
quoted price of $40,633, as recommended by staff.
JUNE 24, 2003 13
11.E.1. RESOLUTION 2003-071 AMENDING THE FISCAL YEAR
2002-2003 BUDGET - BUDGET AMENDMENT #010 - FOURTH OF
JULY FIREWORKS FUNDING FOR THE CITY OF VERO BEACH
AND THE CITY OF SEBASTIAN
Commissioner Neuberger questioned the amount being allocated to each city and, after brief
discussion, stated that he would investigate the matter further.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board, by a 4-0 vote (Vice Chairman Ginn absent)
unanimously adopted Resolution 2003-071 amending the Fiscal Year
2002-2003 Budget (Miscellaneous Amendment 4010).
11.E.2. 2003-2004 BUDGET HEARING SCHEDULE CHANGE FROM
SEPTEMBER 9 AND 16, 2003 TO SEPTEMBER 10 AND 17, 2003
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously approved the new recommended dates of
Wednesday, September 10, 2003 at 5:01 p.m. for the public hearing
on tentative budget and proposed millage rates and Wednesday,
September 17, 2003 at 5:01 p.m. for the final budget hearing to adopt
budget and millage rates, as recommended by staff.
JUNE 24, 2003 14
11.G.1. FOURTH STREET WIDENING - US#1 TO WEST OF OLD
DIXIE HIGHWAY - FLORIDA EASTCOAST RAILROAD LICENSE
AGREEMENT (FDOT #273049M)
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously authorized the Chairman to execute the
Agreement, as recommended by staff.
COPY OF LICENSE AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.H.1. RESOLUTION 2003-072 CERTIFYING "AS -BUILT" COSTS
FOR INSTALLATION OF WATER SERVICE TO THE WEST SIDE
OF U.S. HIGHWAY ONE IN THE CITY OF SEBASTIAN, FLORIDA
(BETWEEN THE WAL-MART SUPERCENTER AND COUNTY
ROAD 512) - PROJECT UW -00 -19 -DS - FINAL ASSESSMENT -
RESOLUTION IV
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously adopted Resolution 2003-072 certifying
"as -built" costs for installation of water service to the west side of
U.S. Highway One in the City of Sebastian, Florida (between the
Wal-Mart Supercenter and County Road 512) and such other
construction necessitated by such project; providing for formal
completion date and date for payment without penalty and interest
(Project UW -00 -19 -DS).
JUNE 24, 2003 15
11.H.2. BARBER STREET WALGREENS - DEVELOPER
AGREEMENT - FINAL PAY REOUEST - SOUTHERN
DEVELOPMENT SERVICES - PROJECT CDS/CCS 2088
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board, by a 4-0 vote (Vice Chairman
Ginn absent) unanimously approved payment to Southern
Development Services, Inc. in the amount of $76,337.12, as
recommended by staff.
12.A. C. N. KIRRIE (MENSING) CODE ENFORCEMENT BOARD SUIT
SETTLEMENT
County Attorney Will Collins explained that the County has a Code Enforcement lien
against the Mensing property which has been ongoing for a number of years. The Board had
authorized a suit to foreclose that lien. Mr. Kirrie became involved in this suit because of a purchase
from Mr. Mensing of a strip of land involved in the suit. Mr. Kirrie does not wish to go to the
expense of litigation and has proposed a settlement through his attorney, Warren Dill. The letter
from Mr. Dill explaining the proposed settlement is included in the backup.
Commissioner Adams objected to allowing the use of 1291h Street, which runs through a
residential area, rather than 1301h Street which would more appropriately serve an industrial use.
County Attorney Collins reminded the Board that the North County Conservation Area
Incidental Take Permit for Scrub Jays contained a condition that 1301h Street would be abandoned
and no traffic would be introduced in that area.
Commissioner Adams believed the permit could be modified and Attorney Collins agreed.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board, by a 3-1 vote (Vice Chairman
Ginn absent and Commissioner Adams opposed) approved the
JUNE 24, 2003 16
settlement with Mr. Kirrie to simplify the lawsuit, as recommended.
COPY OF STIPULATION FOR SETTLEMENT IS ON
FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.B. WILLIAM G. COLLINS, II, COUNTY ATTORNEY - ANNUAL
EMPLOYMENT CONTRACT
County Attorney Collins proposed a $10,000 raise, plus the sum of $3,300 rather than a
$3,300 annual car allowance which he would prefer to have as salary as that would enhance his
retirement benefit.
Commissioner Lowther felt Attorney Collins should be paid at the same rate as the prior
County Attorney, and the other Commissioners agreed.
ON MOTION by Commissioner Lowther, SECONDED by Commissioner
Neuberger, the Board, by a 4-0 vote (Vice Chairman Ginn absent)
unanimously approved an annual salary of $112,809, plus an annual car
allowance of $3,300, for County Attorney William G. Collins, II.
AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
13.A. CHAIRMAN KENNETH R. MACHT - EMPLOYEE MEDICAL
BENEFITS
Chairman Macht asked staff to explore the benefits of a cafeteria plan for the employees
which would afford especially some of the younger employees some tax breaks.
After discussion, County Administrator Jim Chandler agreed that cafeteria plans can be
advantageous. Staff will be wrestling with the overall cost of health insurance again this year and
can investigate the differing plans and bring back some recommendations.
JUNE 24, 2003 17
Chairman Macht noted his recent personal experiences with HealthSouth and a physician of
long standing who are no longer accepting Blue Cross/Blue Shield insurance payments. He had
talked with Jeff Susi at Indian River Memorial Hospital and was informed that Blue Cross/Blue
Shield is being dropped by many providers because of the paperwork involved and the low
payments they make.
Assistant County Administrator Joe Baird stated that the County is self-insured and Blue
Cross/Blue Shield is merely the administrator for our health insurance coverage. It is to the
County's advantage for BC/BS to negotiate the lowest possible payment contracts with the
healthcare providers. The County bid the administration contract 2 years ago and will go out to bid
again next year.
Chairman Macht asked for a survey of which providers accept BC/BS and which do not.
Assistant Administrator Baird mentioned that the Chamber of Commerce is working with
small businesses to set up a small business health network because of the enormous problem
everyone is having in obtaining healthcare coverage that is affordable.
CONSENSUS was reached for staff to explore the options available for a flexible spending
plan and bring their recommendations back to the Board.
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
None.
JUNE 24, 2003 18
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 9:45 a.m.
ATTEST:
Jeffrey K. Barton, Clerk Kenneth R. Macht, Chairman
Minutes Approved:
BCC/PLJ/3003Minutes
JUNE 24, 2003 19