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Home My WebLink About07/06/2004 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF JULY 6, 2004 1.CALL TO ORDER........................................................................................ 1 2.INVOCATION ............................................................................................... 1 3.PLEDGE OF ALLEGIANCE...................................................................... 1 4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ............................................................................................................ 1 5.A.PRESENTATION TO COMMISSIONER LOWTHER AND VICE CHAIRMAN NEUBERGER OF CERTIFIED COUNTY COMMISSIONER CERTIFICATES ISSUED BY FLORIDA COUNTIES FOUNDATION AND FLORIDA ASSOCIATION OF COUNTIES .................................................................................................... 2 5.B.PRESENTATION BY BETH MITCHELL CONCERNING THE FELLSMERE FROG LEG FESTIVAL AND COMMUNITY DONATIONS ................................................................................................. 3 5.C.PRESENTATION OF THE GROWTH TASK FORCE RECOMMENDATION 2004 BY DR. DAVID SULLIVAN, FACILITATOR ............................................................................................. 3 July 6, 2004 1 5.D.PROCLAMATION AND RETIREMENT AWARD HONORING CAPT. DENNIS MELITI – DEPARTMENT OF EMERGENCY SERVICES, FIRE DIVISION – 20 YEARS .............................................. 5 5.E.PROCLAMATION HONORING THE POLISH AMERICAN SOCIAL CLUB .............................................................................................. 6 6.APPROVAL OF MINUTES ........................................................................ 6 7.CONSENT AGENDA ................................................................................... 6 7.A.R .....................................................................................................................6 EPORTS 7.B.AW ...........................................................................................6 PPROVAL OF ARRANTS 7.C.PHU.S.NAWDT ROCLAMATION ONORING THE AVY IRMEN HO IED IN RAINING AVBNASWWII ...............7 CCIDENTS AT THE ERO EACH AVAL IR TATION IN ORLD AR 7.D.PHPASCI ROCLAMATION ONORING THE OLISH MERICAN OCIAL LUB OF NDIAN RC ............................................................................................................7 IVER OUNTY 7.E.ECHB(ECHB)–A NVIRONMENTAL ONTROL EARING OARD PPOINTMENT OF CD,J.RCH–ML ...................7 LETE ELLER R EPLACING HARLES ART EMBER AT ARGE 7.F.ECHB(ECHB)–R NVIRONMENTAL ONTROL EARING OARD ESIGNATION OF RB .........................................................................................................8 ICHARD AKER 7.G.COC–ACS, ITIZEN VERSIGHT OMMITTEE PPOINTMENTS OF HARLES EARCY IRC;PRIRC NDIAN IVER OUNTY ETER OBINSON BY THE NDIAN IVER OUNTY SB;MWCS .............................8 CHOOL OARD AND ARY OLFF BY THE ITY OF EBASTIAN 7.H.PVCRC ................................................8 AYMENTS TO ENDORS OF OURT ELATED OSTS 7.I.RN.2004-063-M.A.C.E.(M-AC ESOLUTION O ULTIGENCY RIMINAL EU)–PGI–B NFORCEMENT NIT ROJECT ENERATED NCOME UDGET A016 ........................................................................................................9 MENDMENT 7.J.RN.2004-064MBA017 ...............9 ESOLUTION O ISCELLANEOUS UDGET MENDMENT 7.K.RP,I.–RESP ANDLE ROPERTIES NC EQUEST FOR XTENSION OF ITE LAN AOVSM-SF ......9 PPROVAL FOR UTDOOR EHICLE TORAGE AND INITORAGE ACILITIES July 6, 2004 2 7.L.IRFWCD–RE NDIAN IVER ARMS ATER ONTROL ISTRICT EQUEST FOR XTENSION SPAGAB- OF ITE LAN PPROVAL FOR A OVERNMENT DMINISTRATION UILDING SC4S74A ......................................... 10 THTH OUTHEAST ORNER OF TREET AND VENUE 7.M.LPBSR--WJE.B, OT URCHASE FOR ARBER TREET IGHTOFAY FROM OEL EASON GV.B,AM.B–SH,U17, LORIA EASON AND NNA ELL EBASTIAN IGHLANDS NIT B568,L9 .................................................................................................... 10 LOCK OT 7.N.OPTS–PN.03-130–M& SLO ARK OPOGRAPHIC URVEY ROJECT O ORGAN E,I.-WON.2ACS KLUND NC ORK RDER O TO NNUAL ONTRACT FOR URVEYING M–RFPRR ... 11 AND APPING EQUEST FOR INAL AYMENT AND ELEASE OF ETAINAGE 7.O.BN.6051–VB&H’SWA ID O AN ERGEN ENDRYS UBDIVISION ATER SSESSMENT P–UU,I.–RR ROJECT NDERGROUND TILITIES NC ELEASE OF ETAINAGE AND FPC .......................................................................... 12 INAL AYMENT TO ONTRACTOR 7.P.GHOHVIII,I.–RFPA OMES NC EQUEST FOR INAL LAT PPROVAL FOR BTSPA–C ROOKFIELD AT RILLIUM UBDIVISION HASE ONTRACT FOR CRI–CDE ONSTRUCTION OF EQUIRED MPROVEMENTS ASH EPOSIT AND SCROW A ............................................................................................................. 12 GREEMENT 7.Q.HDU.S.A.,I.–RE(FK-MS OME EPOT NC ELEASE OF ASEMENT ORMER ART ITE S) .......................................................................................................... 13 IN EBASTIAN 7.R.RN.2004-0652004-070-PA– ESOLUTION OS THROUGH ROPERTY CQUISITIONS TRRTC–PL AX OLL EMOVAL AND AX ANCELLATIONS ARKWOOD AND I,I.(/26S-\[WA.\]);PF.&T TH NVESTMENTS NC RW TREETALKER VE AUL INA MC(/7A&9S);WW,J.(41 THTHST ARIE ARONE RW VENUE TREET ILLIE ILSON R S–S.GR);M&AS(1SSW– ST TREET IFFORD OAD ICHAEL NN TASZEWSKI REET CR);HHP,I.(185S– TH ARTER OAD ELEN ANSON ROPERTIES NC TREET WA);MS.&MS.H(185S– TH AUREGAN VENUE ARK AROLYN ANSON TREET WA) .............................................................................................. 13 AUREGAN VENUE 8.A.SUPERVISOR OF ELECTIONS KAY CLEM – BUDGET AMENDMENT ............................................................................................ 15 8.B.SHERIFF ROY RAYMOND – BUDGET AMENDMENT ................... 16 July 6, 2004 3 9.A.1.PUBLIC HEARING – ORDINANCE NO. 2004-020 – H & F PROPERTIES – REZONING 6.04 ACRES FROM OCR (OFFICE, COMMERCIAL, RESIDENTIAL DISTRICT) TO CL (LIMITED RD COMMERCIAL DISTRICT) – SW CORNER 73 STREET & U.S. HIGHWAY 1 (QUASI-JUDICIAL) ................................................. 16 9.A.2.PUBLIC HEARING – ORDINANCE NO. 2004-021 AND RESOLUTION NO. 2004-071 - AMENDING CHAPTER 208 -FIRE PROTECTION/FIRE PREVENTION AND ADOPTING FEES AND FINES SCHEDULE (LEGISLATIVE) ............................... 17 9.B.1.PUBLIC DISCUSSION ITEM - BRIAN T. HEADY – REQUEST FOR PUBLIC ANSWERS TO QUESTIONS ABOUT PUBLIC UTILITIES ................................................................................................... 22 9.B.2.PUBLIC DISCUSSION ITEM – ADRIENE CUFFE – RD COMPREHENSIVE PLAN POLICIES AND 43 AVENUE WIDENING .................................................................................................. 22 9.B.3.PUBLIC DISCUSSION ITEM – DIAN GEORGE – ROAD WIDENING PROJECTS ........................................................................... 24 9.B.4.PUBLIC DISCUSSION ITEM – EUGENE P. CALDERONE – CHILDREN’S SERVICES ADVISORY COMMITTEE – GRANT REVIEW SUB-COMMITTEE .................................................................. 25 9.C.1.PUBLIC NOTICE ITEM - SCHEDULED FOR PUBLIC HEARING ON JULY 13, 2004 .................................................................. 25 July 6, 2004 4 11.I.1.PUBLIC WORKS – MILLING, RESURFACING AND SHOULDER WIDENING OF CR-512 FROM SR 60 TO TH FELLSMERE FARMS AND OSLO ROAD FROM 20 AVENUE TH TO 27 AVENUE – E. J. BRENEMAN L.P. – CHANGE ORDER NO. 1 ............................................................................................................. 26 11.I.2.PUBLIC WORKS – FLORIDA EAST COAST (FEC) RAILWAY, L.L.C. CROSSING LICENSE AGREEMENT FOR OLD DIXIE HIGHWAY, SOUTH OF SEBASTIAN ................................................... 26 11.J.1.UTILITIES SERVICES - OAK ISLAND DEVELOPMENT PHASE III – KLIMAS ENTERPRISES, INC. – DEVELOPER’S AGREEMENT FOR CONSTRUCTION OF OFF-SITE GRAVITY SEWER TO SERVE THE POLISH-AMERICAN CLUB SITE AND ADJACENT PROPERTIES ALONG US #1 ................................. 27 11.J.2.UTILITIES SERVICES – RESOLUTION NO. 2004-072 FLORIDA RIDGE SUBDIVISION WATER SERVICES – INDIAN RIVER COUNTY PROJECT NO. UCP-2164 – RESOLUTION IV – FINAL ASSESSMENT ............................................................................................. 28 12.A.COUNTY ATTORNEY – RESOLUTION NO. 2004-073 APPOINTING VALUE ADJUSTMENT BOARD (VAB) MEMBERS AND REJECTING PER DIEM COMPENSATION FOR VALUE ADJUSTMENT BOARD ................................................... 28 12.B.COUNTY ATTORNEY – FLORIDA ASSOCIATION OF COUNTIES VS. STATE OF FLORIDA – JUVENILE JUSTICE COST SHIFT ............................................................................................... 29 July 6, 2004 5 13.A.1.CHAIRMAN CAROLINE D. GINN – TREASURE COAST WORKFORCE CONSORTIUM .............................................................. 30 13.A.2. – REQUEST FROM ST. LUCIE COUNTY FOR A JOINT MEETING REGARDING GROWTH .......................................................................... 31 13.A.3.CHAIRMAN GINN – CANCEL FIRST MEETING IN AUGUST ...... 32 13.B.VICE CHAIRMAN ARTHUR R. NEUBERGER – INTRODUCTION OF CITY OF SEBASTIAN’S NEWEST COUNCIL MEMBER AND VACANCY TO FILL ON THE EMERGENCY SERVICES DISTRICT ADVISORY COMMITTEE ............................................................................................. 32 13.C.COMMISSIONER FRAN B. ADAMS ..................................................... 33 13.D.COMMISSIONER THOMAS S. LOWTHER ........................................ 33 13.E.COMMISSIONER KENNETH R. MACHT ........................................... 33 DOCUMENTS MADE PART OF THE RECORD...................................................... 33 TRAFFICIMPACTFEECREDITAGREEMENT–DODGERTOWN VENTURE,LLLP(A3/23/04RN.2004-033) .......... 33 UTHORIZED BY ESOLUTION O 14.A.EMERGENCY SERVICES DISTRICT .................................................. 33 1.AMRMJ8,2004 ................. 33 PPROVAL OF INUTES OF THE EGULAR EETING OF UNE 2.ESD–AP MERGENCY ERVICES ISTRICT UTHORIZATION TO REPARE AND ARQ()N DVERTISE EQUEST FOR UALIFICATIONS RFQ OTICES FOR July 6, 2004 6 AS–ESS3,5,9,12, RCHITECTURAL ERVICES MERGENCY ERVICES TATIONS AND 13. ............................................................................................................................ 34 14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 34 14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 34 July 6, 2004 7 July 6, 2004 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, July 6, 2004, at 9:00 a.m. Present were Caroline D. Ginn, Chairman; Arthur R. Neuberger, Vice Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Kenneth R. Macht. Also present were Joseph Baird, County Administrator; William G. Collins II, County Attorney; Kimberly Massung, Executive Aide to the Board; and Patricia Ridgely, Deputy Clerk. 1. CALL TO ORDER Chairman Ginn called the meeting to order. 2. INVOCATION Chairman Ginn delivered the Invocation. 3. PLEDGE OF ALLEGIANCE County Attorney Collins led the Pledge of Allegiance to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Ginn requested the following changes to today’s Agenda: July 6, 2004 1 1.Add 5.D. Proclamation Honoring Dennis Meliti on his Retirement 2.Add 5.E. Moved from 7.D. Proclamation Honoring the Polish American Social Club 3.Add 9.B.4. Eugene P. Caldarone – Children’s Services Advisory Committee Grant Review Sub-Committee 4.Add 13.A.1. Request from Workforce Development Board for Nominations for Indian River County’s Private Business Representative on Treasure Coast Workforce Consortium 5.Add 13.A.2. Request from St. Lucie County for a Joint Meeting of the County Commissions Regarding Growth 6.Additional Backup 9.A.1. Minutes from 6/10/04 Planning & Zoning Commission Meeting 7.Additional Backup 11.J.1. Exhibit A to Agreement 8.Correction 7.O. Recommendation Correction – Contractor Should Be Underground Utilities, Inc. Not Treasure Coast Contracting, Inc. ON MOTION by Commissioner Macht, SECONDED by Commissioner Lowther, the Board unanimously made the above changes to the Agenda. 5.A. PRESENTATION TO COMMISSIONER LOWTHER AND VICE CHAIRMAN NEUBERGER OF CERTIFIED COUNTY COMMISSIONER CERTIFICATES ISSUED BY FLORIDA COUNTIES FOUNDATION AND FLORIDA ASSOCIATION OF COUNTIES July 6, 2004 2 Chairman Ginn was honored to present the framed certificates and congratulated the two newest Commissioners on their achievement. She explained these certificates took extra effort as well as travel around the state to achieve this special designation. Commissioner Adams was proud they completed this strenuous 2-year course instituted by FACo in 1996. Topics such as county finance, budgets, ethics in government, community development processes, special districts and revenue sources are covered. 5.B. PRESENTATION BY BETH MITCHELL CONCERNING THE FELLSMERE FROG LEG FESTIVAL AND COMMUNITY DONATIONS Beth Mitchell , Executive Director of the Sebastian River Area Chamber of Commerce and this year’s treasurer of the Fellsmere Frog Leg Festival, Inc., announced they had made a $45,000 donation this year toward the renovation of the historic Fellsmere School. Thus far a total of $135,000 has been donated for the school and they plan to continue this effort in the future. The Festival has made a total contribution to the community over the 13 years in excess of $350,000. She hoped the County would continue the renovation efforts for the school and looked forward to the completion of that project. Commissioner Adams requested an update from General Services Director Tom Frame regarding the school in the near future. 5.C. PRESENTATION OF THE GROWTH TASK FORCE RECOMMENDATION 2004 BY DR. DAVID SULLIVAN, FACILITATOR (Clerk’s Note: This item was actually heard after 5.E.) July 6, 2004 3 Chairman Ginn said the County was blessed to find an experienced facilitator, Dr. David Sullivan. She specified that Dr. Sullivan advised the ground rules at the first meeting; one was that there would be no absences during the hours of 8 a.m. to 5 p.m. for the 3 Saturdays. The members were to be willing to sign a letter of understanding that they would be there on time and stay to the end, and that they were willing to accept any assignment, be willing to work, research, collect data, and leave some of their own ideas behind to come to consensus. The Dodgertown Conference Center proved to be a great place to hold those meetings. Dr. David Sullivan , Provost of Indian River Community College, introduced the members of the Growth Task Force by asking those present to stand. A group photo, taken at 8:10 th a.m. on June 5, was displayed on the screen. He noted that all of the members were smiling but they looked much different at the end of that day’s session. He thanked all of them for their time and effort and extended a special thanks to the Commissioners, the County’s staff and Reta Smith. He agreed that the Dodgertown Conference Center was a perfect venue. He then reviewed each section of the Growth Task Force 2004 Final Report (a copy of the report is on file with the backup in the office of the Clerk to the Board). His review included each section of the report: the overview, recommendations, comments, and minutes of their meeting of June 5, 2004. He noted there are 81 recommendations and that every person’s vote was counted on every issue. He pointed out that the Board now has 30 people, plus him, who have become “semi-experts” on the LDR’s and suggested they be kept involved in the future. He had two final notes to share: 1) there is a need to bring all the visioning groups together so there are commonalities in the future, and 2) all the recommendations have merit which could result in a huge amount of work on the staff, which was not the intent of the GTF. He suggested that some of the recommendations are really important to start moving forward on and others may need an unbiased eye, perhaps a consultant or expert, to look at costs and which recommendations are in the best interest of the community. There were no questions and he expressed thanks on behalf of the whole group for the opportunity and honor to serve the community. Chairman Ginn responded that it was now the Board’s opportunity to thank and honor him and the task force members. She read aloud the wording on the plaque and presented it July 6, 2004 4 to Dr. Sullivan. (Copy is on file with the backup in the office of the Clerk to the Board.) While Dr. Sullivan was shaking hands with the Commissioners, Chairman Ginn said that he had given unselfishly of his time and talent for the betterment of Indian River County. She described the LDR’s as 2 books, 4 inches thick, typewritten, and “boring” when speaking of this difficult assignment and remarkable accomplishment. Commissioner Macht commented that some of the items within the report could probably be implemented quickly, put before the public, and advanced to law. Chairman Ginn suggested that they all go through them and report back in 2 weeks. She asked that each Commissioner present a certificate of appreciation to each of their six appointees. (A sample certificate and list of recipients is on file with the backup in the office of the Clerk to the Board.) The Commission and members of the audience applauded the GTF. 5.D. PROCLAMATION AND RETIREMENT AWARD HONORING CAPT. DENNIS MELITI – DEPARTMENT OF EMERGENCY SERVICES, FIRE DIVISION – 20 YEARS Chairman Ginn read both documents. His retirement will be effective July 15, 2004. Capt. Dennis Meliti thanked the Board and stated it has been truly a pleasure to grow up in Indian River County and be able to serve the community, to save lives and to protect property. He said being a firefighter is very special and he does it because he truly cares about life and making a difference in someone’s life. He will always remember the hours spent here; it has been an incredible journey. July 6, 2004 5 5.E. PROCLAMATION HONORING THE POLISH AMERICAN SOCIAL CLUB Moved from 7.D. Commissioner Macht read this proclamation and presented it to Dan Rakowski, President, who accepted it with thanks. Dan Rakowski announced that the Polish Club has about 1300 members and had rd celebrated its 23 anniversary in May in Indian River County. Since the Club’s founding and thanks to the many volunteers, they have contributed in excess of $650,000 in the community. (Clerk’s Note: The next item to be heard was 5.C. – see above.) 6. APPROVAL OF MINUTES None. 7. CONSENT AGENDA 7.A. R EPORTS The following report has been received and placed on file in the office of the Clerk to the Board: Indian River Farms Water Control District – Fiscal Year ending September 30, 2005 Budget 7.B. AW PPROVAL OF ARRANTS July 6, 2004 6 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for June 18-24, 2004, as requested. 7.C. PHU.S.NAWD ROCLAMATION ONORING THE AVY IRMEN HO IED IN TAVBNAS RAINING CCIDENTS AT THE ERO EACH AVAL IR TATION IN WWII ORLD AR This proclamation entered for the record and is to be presented at another time. 7.D. PHPASC ROCLAMATION ONORING THE OLISH MERICAN OCIAL LUB IRC OF NDIAN IVER OUNTY Moved to 5.D. 7.E. ECHB(ECHB)– NVIRONMENTAL ONTROL EARING OARD ACD,J.RCH PPOINTMENT OF LETE ELLER R EPLACING HARLES ART –ML EMBER AT ARGE ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously appointed Clete Deller to serve as the member-at-large of the ECHB. July 6, 2004 7 7.F. ECHB(ECHB)– NVIRONMENTAL ONTROL EARING OARD RRB ESIGNATION OF ICHARD AKER ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously accepted the resignation of Richard Baker from the ECHB. 7.G. COC–AC ITIZEN VERSIGHT OMMITTEE PPOINTMENTS OF HARLES S,IRC;PRI EARCY NDIAN IVER OUNTY ETER OBINSON BY THE NDIAN RCSB;MWC IVER OUNTY CHOOL OARD AND ARY OLFF BY THE ITY S OF EBASTIAN ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously appointed Charles Searcy to the Citizen Oversight Committee, as recommended in the memorandum of June 21, 2004. The Board further noted the appointments of Peter Robinson (Indian River County School Board) and Mary Wolff (City of Sebastian) to the same committee. 7.H. PVCRC AYMENTS TO ENDORS OF OURT ELATED OSTS No action required or taken. July 6, 2004 8 7.I. RN.2004-063-M.A.C.E.(M-AC ESOLUTION O ULTIGENCY RIMINAL EU)–PGI–B NFORCEMENT NIT ROJECT ENERATED NCOME UDGET A016 MENDMENT ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously approved the utilization of Project Generated Income totaling $10,254.22 and the Project Generated Income Agreement and adopted Resolution No. 2004-063 amending the Fiscal Year 2003-2004 budget. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.J. RN.2004-064MB ESOLUTION O ISCELLANEOUS UDGET A017 MENDMENT ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution No. 2004-064 amending the fiscal year 2003-2004 budget, as recommended in the memorandum of June 28, 2004. 7.K. RP,I.–RES ANDLE ROPERTIES NC EQUEST FOR XTENSION OF ITE PAOVS LAN PPROVAL FOR UTDOOR EHICLE TORAGE AND M-SF INITORAGE ACILITIES July 6, 2004 9 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously approved Randle Properties, Inc.’s request for a one-year extension of the conditional site plan approval with all original approval conditions remaining in effect, as recommended in the memorandum of June 28, 2004. (New expiration date is May 20, 2005.) 7.L. IRFWCD–R NDIAN IVER ARMS ATER ONTROL ISTRICT EQUEST FOR ESPAG XTENSION OF ITE LAN PPROVAL FOR A OVERNMENT AB-SC4S TH DMINISTRATION UILDING OUTHEAST ORNER OF TREET 74A TH AND VENUE ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously granted Indian River Farms Water Control District’s request for a one-year extension of the conditional site plan approval with all original approval conditions to remain in effect, as recommended in the memorandum of June 28, 2004. (New expiration date is July 8, 2005.) 7.M. LPBSR--WJ OT URCHASE FOR ARBER TREET IGHTOFAY FROM OEL E.B,GV.B,AM.B–S EASON LORIA EASON AND NNA ELL EBASTIAN H,U17,B568,L9 IGHLANDS NIT LOCK OT July 6, 2004 10 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously approved the $37,000 purchase and authorized the Chairman to execute the agreement, as recommended in the memorandum of April 21, 2004 and addendum dated July 24, 2004. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD (ORIGINAL TO COUNTY ATTORNEY) 7.N. OPTS–PN.03-130– SLO ARK OPOGRAPHIC URVEY ROJECT O M&E,I.-WON.2A ORGAN KLUND NC ORK RDER O TO NNUAL CSM–RF ONTRACT FOR URVEYING AND APPING EQUEST FOR INAL PRR AYMENT AND ELEASE OF ETAINAGE ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously approved release of final payment plus retainage in the amount of $7,826.63, as recommended in the memorandum of June 21, 2004. DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED July 6, 2004 11 7.O. BN.6051–VB&H’SW ID O AN ERGEN ENDRYS UBDIVISION ATER AP–UU,I.– SSESSMENT ROJECT NDERGROUND TILITIES NC RRFPC ELEASE OF ETAINAGE AND INAL AYMENT TO ONTRACTOR ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously approved Contractor’s Request for Payment, Estimate #2 as the final payment to the Contractor, Underground Utilities, Inc., in the amount of $2,665.60, as recommended in the memorandum of June 16, 2004. DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 7.P. GHOHVIII,I.–RFPA OMES NC EQUEST FOR INAL LAT PPROVAL BTSPA–C FOR ROOKFIELD AT RILLIUM UBDIVISION HASE ONTRACT CRI–C FOR ONSTRUCTION OF EQUIRED MPROVEMENTS ASH DEA EPOSIT AND SCROW GREEMENT ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously granted final plat approval for Brookfield at Trillium Phase A, authorized the Chairman to execute the submitted Contract for Construction of remaining required improvements, and accepted the security arrangement, as recommended in the memorandum of June 23, 2004. July 6, 2004 12 COPIES OF CONTRACT & CASH DEPOSIT/ESCROW AGREEMENT ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.Q. HDU.S.A.,I.–RE(F OME EPOT NC ELEASE OF ASEMENT ORMER K-MSS) ART ITE IN EBASTIAN ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously authorized the Chairman to sign the Release of Easement to Home Depot U.S.A., Inc. on behalf of the Board of County Commissioners, as recommended in the memorandum of June 28, 2004. COPY OF RELEASE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD (ORIGINAL SHALL BE RECORDED BY COUNTY ATTORNEY’S OFFICE) 7.R. RN.2004-0652004-070-P ESOLUTION OS THROUGH ROPERTY A–TRRTC– CQUISITIONS AX OLL EMOVAL AND AX ANCELLATIONS PLI,I.(/26S-\[W TH ARKWOOD AND NVESTMENTS NC RW TREETALKER A.\]);PF.&TMC(/7A&9 THTH VE AUL INA ARIE ARONE RW VENUE S);WW,J.(41S–S.GR); ST TREET ILLIE ILSON R TREET IFFORD OAD M&AS(1SSW–CR); ST ICHAEL NN TASZEWSKI REET ARTER OAD HHP,I.(185S–W TH ELEN ANSON ROPERTIES NC TREET AUREGAN A);MS.&MS.H(185S– TH VENUE ARK AROLYN ANSON TREET WA) AUREGAN VENUE July 6, 2004 13 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution No. 2004-065 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. th (Parkwood Land Investments, Inc. r/w 26 Street-Walker) ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution No. 2004-066 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. thth (Paul F. & Tina Marie Carone - r/w 7 Avenue & 9 Street) ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution No. 2004-067 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. st (Willie Wilson, Jr. - 41 Street – S. Gifford Road) ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution No. 2004-068 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. st (Michael & Ann Staszewski - 1 Street SW – Carter Road) ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution No. 2004-069 canceling taxes upon publicly July 6, 2004 14 owned lands, pursuant to Section 196.28, Florida Statutes. th (Helen Hanson Properties, Inc. - 185 Street – Wauregan Avenue) ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution No. 2004-070 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. th (Mark S. & Marolyn S. Hanson - 185 Street – Wauregan Avenue) 8.A. SUPERVISOR OF ELECTIONS KAY CLEM – BUDGET AMENDMENT Supervisor of Elections Kay Clem reviewed her memo asking that money she collected from the municipalities for running their elections be returned to her to pay unexpected expenses. She stated she recently had received the State’s felon list and explained the complexities involved in checking to ensure that no voter is removed from the rolls in error. She wanted to contract with a consultant who is familiar with this kind of records’ investigation and felt it would be a good investment since she expected this would be a very litigious election year. Mrs. Clem also explained her need to add security gates at her front counter and the gates were not in the budget. She also needed some new computer equipment to accommodate the tabulation upgrade from Sequoia Voting Systems. She also already has received 2,500 absentee requests. Back in 2002 in the gubernatorial election cycle, they had 226 at this same time. The law has been changed to allow more ‘early voting’ and compressed the time so it requires that she add more employees to handle that extra workload. July 6, 2004 15 Mrs. Clem gave an update on the Sequoia Voting System that is the only system that has not been challenged because it operates properly. It has met all tests, is certified and she has run eight elections in Indian River County and had no problem and emphasized there will be no problem on this election; she is ready. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Lowther, the Board unanimously approved an amendment to the Supervisor of Election’s budget in the amount of $18,241.50 (transfer from revenue to expense), as requested in the memorandum of June 17, 2004. 8.B. SHERIFF ROY RAYMOND – BUDGET AMENDMENT ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved an amendment to the Sheriff’s budget in the amount of $33,797 (transfer from auction revenue to operating expense for $29,297 and capital outlay for $4,500), as requested in the memorandum of June 18, 2004. 9.A.1. PUBLIC HEARING – ORDINANCE NO. 2004-020 – H & F PROPERTIES – REZONING 6.04 ACRES FROM OCR (OFFICE, COMMERCIAL, RESIDENTIAL DISTRICT) TO CL RD (LIMITED COMMERCIAL DISTRICT) – SW CORNER 73 STREET & U.S. HIGHWAY 1 (QUASI-JUDICIAL) July 6, 2004 16 PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating reviewed the memorandum of June 17, 2004, pages 131-142, and PowerPoint presentation (on file in the office of the Clerk to the Board). He recommended the Board approve the rezoning by adopting the Ordinance as presented. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. There were none and the Chairman closed the public hearing. ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, the Board unanimously adopted Ordinance No. 2004-020 amending the Zoning Ordinance and the accompanying Zoning Map for approximately 6.04 rd acres located at the southwest corner of 73 Street and U.S. Hwy 1, from OCR, Office, Commercial, Residential, District to CL, Limited Commercial District; and providing codification, severability, and effective date. 9.A.2. PUBLIC HEARING – ORDINANCE NO. 2004-021 AND RESOLUTION NO. 2004-071 - AMENDING CHAPTER 208 -FIRE PROTECTION/FIRE PREVENTION AND ADOPTING FEES AND FINES SCHEDULE (LEGISLATIVE) A CONTINUATION OF THE PUBLIC HEARING FROM THE JUNE 22, 2004 MEETING July 6, 2004 17 Emergency Services Director John King reviewed the memo dated June 28, 2004. He noted that at the last public hearing the Board and the County Administrator made several observations regarding the proposed amendments to the Code. The proposed ordinance before them today has those recommended changes incorporated. Those changes are “bulleted” in the memorandum and staff was present to respond to any questions about the proposed amendments to the ordinance. In responding to Commissioner Lowther’s concern that this amendment appeared to add another layer of government, Director King stated that the new language gives Emergency Services the authority to put a stop to an activity that might result in endangering neighboring properties of someone who refuses to meet requirements. In response to Commissioner Adams, Director King stressed that language concerning burning mulch has been tightened up and gives the Board the authority to put an absolute stop to that activity when the owner is “playing between lines” on regulations. He also specified that the $30 permits for special events do not cover costs but provide that fire prevention personnel will do a general inspection for anything covered in the Fire Prevention Code. Fire Prevention Bureau Chief Dale Justice specified there would be a need for inspection for a large event where there is a life safety issue, usually where many people will be attending, or a set up in an auditorium or other enclosure from which an emergency escape might be necessary. This is already being done for the Firefighters’ Fair and St. Helen’s Harvest Festival. Events such as these, indoors and outdoors, are looked at from a “life-safety” standpoint. Using fire codes as a basis can help ensure the safety of our community. There have been no accidents yet but problems have been discovered and corrected. Chairman Ginn was concerned above giving authority to enter private property without an owner’s consent, and Chief Justice pointed out that covers HAZMAT emergencies only. Director King added that under the Fourth Amendment, the fire service is one of the few public safety agencies allowed the right of entry without a warrant, but it has to be an exigent July 6, 2004 18 circumstance to do that. He assured the Commissioners that his department would not be heavy-handed with this. Chairman Ginn was willing to go along with it, but if there are complaints, they will be back. The Chairman re-opened the continued public hearing and asked if anyone wished to be heard with regard to this matter. th Tim Zorc , 4415 5 Place SW, appearing on behalf of the Treasure Coast Builders Association, called their attention to page 3 (page 158 of the backup), Attachment “A” to the resolution, Section B., on Site Plan Review fees. He suggested a $1,200 fee for a Planned Unit Development (PUD) with a small number of units would be too high. He asked that they consider a lower fee to balance with the size (number of units) of a development and to raise the fee if the number of units is greater. Perhaps it could be related to the time required for the review. On the DRI’s he suggested they might want not to have a flat fee but to base the fee on size of the project (number of units) and the time required to review it. County Administrator Baird commented that these fees do not cover the costs of the review; it was up to the Board if they wished to make any adjustments on the fees. A short discussion ensued and there was consensus to have 50 units as the cut off on the PUD. Chairman Ginn thanked Mr. Zorc for this observation. C. N. Kerrie, Roseland, expressed concern that this amendment was not specific. Our people are doing a wonderful job, but if in the future somebody gets in power and takes it in a different light, it will become another layer of government for those people who are already under the Department of Environmental Protection or other regulatory agencies. He wished to see the authority spelled out so the business community has a good grasp. He believed the fire department’s intentions are very commendable, but he urged caution in the authority and power the Commission gives. July 6, 2004 19 Frank Coffey , 1200 Admirals Walk, restated the petition that was discussed at the last meeting of the Emergency Services District Advisory Committee. The concern was whether there is sufficient staff to ensure that this job is done properly. He hoped this would not affect the other services being provided by the firefighters. In response to Commissioner Lowther’s inquiry, Director King stated that fire prevention applies to existing buildings and facilities as well as new construction. Staff is being reassigned from re-inspections of existing buildings to new construction so we are not delaying the contractors. It would take a huge staff to annually inspect the several thousand existing buildings, so nursing homes, assisted living facilities, hospitals, and daycare centers have been prioritized as #1 and are inspected annually. Facilities that are #2 priorities are inspected every other year, and #3 priorities are worked in as time permits. It is not a perfect solution, but there is a major effort to go in that direction. Chairman Ginn had talked with someone in the Building Department who told her they had 490 plans to evaluate and only 6 employees to review those plans, so they are under a tremendous amount of pressure also. She understood that sometimes it takes additional personnel. The Chairman asked if anyone else wished to be heard regarding this matter. There were none and the Chairman closed the public hearing. ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously adopted Ordinance No. 2004-021 amending the Indian River County Code Chapter 208, Emergency Services District by adding a fire protection code section; providing definitions; providing for assessing costs of cleanup of spills of hazardous materials, providing for costs of re-inspections of fire safety inspections; providing for payment of costs associated with extraordinary duties July 6, 2004 20 performed by emergency personnel; providing for fees for plan review; providing civil remedies; providing penalties; providing for amendments to Sections 925.03 through and including 925.08 of Chapter 925 providing for permitting and inspection fees associated with open burning; providing for amendment to Section 972.08 of Chapter 972 by removing sale of fireworks as a temporary use of the county code; providing for severability; providing for repeal of conflicting ordinances; providing for inclusion in the code of laws and ordinances of Indian River County; providing for filing with Department of State; and providing an effective date. (CLERK’S NOTE: When making his motion, Vice Chairman Neuberger, specified that his motion included the change in fee for PUDs above 50 units \[remain at $1,200\] and PUDs below 50 units \[reduced to $400\], Commissioner Lowther concurred when he seconded the motion; and County Administrator Baird understood there was only one change and that was on the fee for PUDs on page 3 on Attachment “A” to the resolution: the fee for under 50 units would be $400 and over 50 units would remain at $1,200.) ** ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously adopted Resolution No. 2004-071 establishing a schedule of fees for plan review and inspections; ** establishing a schedule for fines for violations; providing for enforcement of said fees throughout Indian River County Emergency Services District, Florida; and providing an effective date. July 6, 2004 21 9.B.1. PUBLIC DISCUSSION ITEM - BRIAN T. HEADY – REQUEST FOR PUBLIC ANSWERS TO QUESTIONS ABOUT PUBLIC UTILITIES Not present when called. 9.B.2. PUBLIC DISCUSSION ITEM – ADRIENE CUFFE – RD COMPREHENSIVE PLAN POLICIES AND 43 AVENUE WIDENING rdst Adriene Cuffe , 695 43 Avenue, recalled that during the June 1 meeting, Mr. Thompson (Vero Millworks) came before them and earned everyone’s sympathy when his permit rd was denied based on the reduction of the proposed improvements to 43 Avenue to 3 lanes. She questioned that denial because she later learned (from a DCA representative) that Mr. Thompson’s permit could not be denied since the “existing Comp Plan has precedent” and such a change in the Comp Plan could take up to 8 months. She then spoke of her membership on the Growth Task Force and her privilege to serve on it. She was disappointed however because she thought the exercise had little to do with controlling growth. Although some good recommendations came out of addressing some of the LDRs, she hoped it was not designed just to pacify the moratorium issue. Chairman Ginn asked Ms. Cuffe if she recalled at the first meeting of the GTF that it was determined that the GTF would work on the LDR’s because “visioning” was going to attack the Comp Plan and that they could all be involved in it. Also, at that time, Dr. Sullivan asked that anyone who could not agree was welcome to leave if they thought for some reason it would be a futile effort and there would be no hard feelings. Chairman Ginn stressed that it was presented at the very start that they would go through the LDRs and that the “visioning” will take care of growth. If Ms. Cuffe had any thoughts on that, she was welcome to put them down on paper. July 6, 2004 22 Ms. Cuffe claimed she did not know the LDR’s would not cover growth and thought at the time that there were LDRs that would directly affect managing growth more than the ones chosen. County Administrator Baird thought the representative for the State of Florida rd responded the way he did regarding 43 Avenue because unless the change was made to 3-laning through the Comp Plan process, it did not have any standing. Discussion ensued on the understanding and explanations of Ms. Cuffe’s conversation with Mr. Wilburn of DCA. Community Development Director Bob Keating clarified that Mr. Thompson’s application was not denied but the square footage was reduced because of requirements that rd applied to the intersection of SR 60 and 43 Avenue that is over capacity right now. It related to the decision not to expand the intersection to accommodate additional traffic. A significant project that will impact the intersection increasing the number of trips must be reduced in order to get under that number of trips. Director Keating added that a smaller facility could be accommodated because there is still a little capacity at the intersection available. Discussion ensued. Commissioner Adams explained that the County and staff have tried to stay ahead of the curve in order to not be faulted for not planning and providing ahead for increased traffic due to rd new projects on 43 Avenue such as the expansion of the jail and the new Administration annex and staff has been alerting new applicants. She credited Ms. Cuffe for her desperate attempt to not rd have 43 Avenue 5-laned. Commissioner Lowther asked County Attorney Collins for his opinion. th County Attorney Collins thought the May 17 (2004) vote was probably rd inappropriate -- but it happened -- and staff was directed to look at 3-laning 43 Avenue. In the 2 st weeks between then and June 1 everyone on staff was trying to figure out what did happen and what were the implications, not only in terms of projects in the pipeline, but also what our Comp Plan does require. He recalled sitting down with Planning Division Director Stan Boling during that period and going through the Capital Improvements and the Transportation Elements. There July 6, 2004 23 are policies in there that say you cannot simply take a vote and change the Comp Plan. If you’re going to remove a project that is in the 5-year Capital Improvement Program, it must be done through the Comp Plan amendment/public hearing process. So, after staff reported back at the stth June 1 meeting, the direction to staff of May 17 was reversed. If changes were to be made, they must be done through the Comp Plan amendment process. That is where we are. He reminded the Commissioners that the Comp Plan is two thick (about 3 inches) volumes with 700 policies and he thought no one on staff had total recall on all the policies, but when they had to look at all the st implications for 3-laning they found the policies and reported back on June 1. County Administrator Baird stressed that the Comp Plan is very complicated and if it is generalized, it could result in a wrong opinion. More discussion ensued and Commissioner Lowther suggested the Board look at rdth widening 43 Avenue from 8 Street to the south county line due to all the growth there. Chairman Ginn agreed with that. NO ACTION REQUIRED OR TAKEN. Chairman Ginn declared a 5-minute recess at 10:34 a.m. The meeting was reconvened at 10:42 a.m. with all members present. 9.B.3. PUBLIC DISCUSSION ITEM – DIAN GEORGE – ROAD WIDENING PROJECTS thst Dian George , 1515 27 Avenue, referred to June 1 as “Black Tuesday” in Vero Beach. She recounted several comments from various meetings and memos, mentioned her rd opinions and questions as to issues, motions, and confusion with regard to widening of 43 Avenue. She had written a letter to the Press Journal that deserved to be published. NO ACTION REQUIRED OR TAKEN. July 6, 2004 24 9.B.4. PUBLIC DISCUSSION ITEM – EUGENE P. CALDERONE – CHILDREN’S SERVICES ADVISORY COMMITTEE – GRANT REVIEW SUB-COMMITTEE th Eugene Caldarone , 3820 9 Place, Vero Beach, a member of the Grant Review Subcommittee of the Children’s Services Advisory Committee, praised the positive workings of government. He praised the Grant Review Subcommittee for its thoroughness in assessing the programs of different charitable organizations that benefit children and the hard work and professionalism of Director of Human Services Joyce Johnston-Carlson for her effort and work in the entire grant review process.. The recommended programs meet the priority needs set by the Needs Assessment Subcommittee and were also recommended by the CSAC. He hoped the Board would approve them when submitted. NO ACTION REQUIRED OR TAKEN. 9.C.1. PUBLIC NOTICE ITEM - SCHEDULED FOR PUBLIC HEARING ON JULY 13, 2004 J&DB’RA AMES EE ROWNS EQUEST FOR BANDONMENT OF THE P21L98A STTH ORTION OF ANE BETWEEN VENUE AND THE H-TGOC(P OUSTONEXAS AS AND IL ORPORATION ERMANENT E).TSR60 ASEMENT HE SUBJECT SITE IS LOCATED NORTH OF 98AVTG TH AND EAST OF VENUE IN THE ERO ROPICAL ARDENS U2S.(L ) NIT UBDIVISION EGISLATIVE July 6, 2004 25 The Chairman read the notice into the record. 11.I.1. PUBLIC WORKS – MILLING, RESURFACING AND SHOULDER WIDENING OF CR-512 FROM SR 60 TO TH FELLSMERE FARMS AND OSLO ROAD FROM 20 TH AVENUE TO 27 AVENUE – E. J. BRENEMAN L.P. – CHANGE ORDER NO. 1 ON MOTION by Commissioner Macht, SECONDED by Commissioner Lowther, the Board unanimously approved Change Order No. 1 in the deduct amount of $41,748.00 for a revised contract amount of $1,285,161.00, as recommended in the memorandum of June 28, 2004. CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.2. PUBLIC WORKS – FLORIDA EAST COAST (FEC) RAILWAY, L.L.C. CROSSING LICENSE AGREEMENT FOR OLD DIXIE HIGHWAY, SOUTH OF SEBASTIAN ON MOTION by Commissioner Lowther, SECONDED by Commissioner Macht, the Board unanimously approved the License Agreement with FECRR and authorized the Chairman to execute same, as recommended in the memorandum of June 8, 2004. July 6, 2004 26 COPY OF PARTIALLY EXECUTED AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.1. UTILITIES SERVICES - OAK ISLAND DEVELOPMENT PHASE III – KLIMAS ENTERPRISES, INC. – DEVELOPER’S AGREEMENT FOR CONSTRUCTION OF OFF-SITE GRAVITY SEWER TO SERVE THE POLISH-AMERICAN CLUB SITE AND ADJACENT PROPERTIES ALONG US #1 ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved the Developer’s Agreement with Harry A. and Cecelia A. Klimas and Albert J. and Stephanie P. Klimas and authorized the Utilities Department to recover capacity costs from benefiting property owners as they make connection to the proposed gravity sewer system, as recommended in the memorandum of June 21, 2004. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD July 6, 2004 27 11.J.2. UTILITIES SERVICES – RESOLUTION NO. 2004-072 FLORIDA RIDGE SUBDIVISION WATER SERVICES – INDIAN RIVER COUNTY PROJECT NO. UCP-2164 – RESOLUTION IV – FINAL ASSESSMENT ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution No. 2004-072 certifying “as-built” costs for installation of water service to Florida Ridge Subdivision th (located west of Dixie Highway and north of 25 Street in southeast Indian River County, Florida) and such other construction necessitated by such project; providing for formal completion date, and date for payment without penalty and interest. 12.A. COUNTY ATTORNEY – RESOLUTION NO. 2004-073 APPOINTING VALUE ADJUSTMENT BOARD (VAB) MEMBERS AND REJECTING PER DIEM COMPENSATION FOR VALUE ADJUSTMENT BOARD County Attorney Collins advised that the VAB organizational meeting is scheduled for 9 am on July 29, 2004. The TRIM (Truth in Millage) notices are expected to go out on August th 16. It was time for the Board to appoint three members to serve on the VAB and the remaining two to be designated as alternates. It was also time to decide whether to provide for or reject statutory per diem compensation. In past years the Board has rejected the compensation. July 6, 2004 28 Chairman Ginn recommended Commissioner Lowther, Vice Chairman Neuberger, and Commissioner Macht serve on the VAB. Commissioner Macht mentioned that both Commissioner Lowther and Vice rd Chairman Neuberger would be remaining on the Board but the 3 member could be problematic. (Clerk’s Note: Chairman Ginn and Commissioner Adams were not seeking re-election; Commissioner Macht was seeking re-election and had opponents.) Rejection of the per diem was briefly discussed. ON MOTION by Commissioner Adams, SECONDED by Chairman Ginn, the Board unanimously adopted Resolution No. 2004-072 appointing the 2004 Value Adjustment Board members (Commissioner Lowther, Commissioner Macht, & Vice Chairman Neuberger) and rejecting statutory per diem compensation. 12.B. COUNTY ATTORNEY – FLORIDA ASSOCIATION OF COUNTIES VS. STATE OF FLORIDA – JUVENILE JUSTICE COST SHIFT County Attorney Collins reviewed his memorandum of June 29, 2004 concerning the Department of Juvenile Justice cost-shift on detention. The State has made it the counties’ responsibility for housing of juveniles pending adjudication. It is structured so we will pay for Indian River County juvenile residents for any reason until their case is disposed of. The FACo says this is an unfunded mandate contrary to the State’s Constitution as the cost shift was not rds approved by 2/3 of the Legislature. FACo thinks it is important to draw the line on unfunded mandates. He did not see a need for us to be a named party in this suit because many of the larger counties are involved probably because of a larger fiscal impact on them. A voluntary special July 6, 2004 29 assessment to Indian River County would probably be about $1,000. He asked the Board’s opinion on how he should respond to this matter. His rationale is if they are our kids we should pay to house them. Commissioner Macht thought the State should pay for it and that we should participate. Commissioner Adams recounted that the Article V issue was the first time we really stood up against the unfunded mandates. This was discussed at FACo last month and there was a handout showing the cost impact to each county. She thought ours was close to a million dollars on that. She agreed that we should not continue taking these unfunded mandates from the State. She agreed with Commissioner Macht and spoke in favor of participating and felt it was to our benefit to stay active and to join in. In response to Vice Chairman Neuberger’s inquiry, County Attorney Collins st advised this would not become law until October 1, and Vice Chairman Neuberger agreed to protect our position with a small investment against a larger cost. Chairman Ginn agreed that it is not unreasonable to be responsible for housing our own delinquent juveniles. However, if it is looked at as part of the total justice system, she would agree with the other Commissioners. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved joining in the lawsuit as a named plaintiff and participating in the voluntary assessment to help defray the cost of litigation. 13.A.1. CHAIRMAN CAROLINE D. GINN – TREASURE COAST WORKFORCE CONSORTIUM July 6, 2004 30 Chairman Ginn referred to a letter from Gwenda Thompson asking the Board to nominate a business leader from the community to the Treasure Coast Workforce Consortium. Commissioner Macht suggested this be brought to the Economic Development th Committee at their July 13 meeting and ask them to provide a name. Executive Aide to the Board Kimberly Massung interjected that she thought this th needed to be back by July 9, 2004. There was CONSENSUS to make recommendations to Chairman Ginn. Chairman Ginn suggested Chuck Suma (CEO of New Piper Aircraft) would be a good candidate if he would have the time. ON MOTION by Commissioner Macht, seconded by Vice Chairman Neuberger, the Board unanimously nominated Mr. Chuck Suma. If Mr. Suma is not available or not interested, it was decided to either wait for the th EDC meeting on July 14 or to provide name(s) to Chairman Ginn by memorandum. 13.A.2. – REQUEST FROM ST. LUCIE COUNTY FOR A JOINT MEETING REGARDING GROWTH Following a discussion of available dates and Commissioners’ availability there was CONSENSUS to issue an invitation to the BCC of St. Lucie County for a joint meeting on September 1, 2004, at 9 a.m. in Conference Room “A” in the Indian River County Administration Building. Chairman Ginn advised she would contact the chairman of St. Lucie County Board of County Commissioners to work up an agenda. July 6, 2004 31 (Clerk’s Note: Because of size limitations and other logistics, it was subsequently administratively decided to hold this meeting at the Richardson Center of Indian River Community College.) 13.A.3. CHAIRMAN GINN – CANCEL FIRST MEETING IN AUGUST rd Chairman Ginn suggested canceling the first regular meeting in August (August 3) th and noted there would not be a meeting on July 27 since it is the last Tuesday of the month; discussion followed. ON MOTION by Commissioner Macht, SECONDED by Vice Chairman Neuberger, the Board unanimously rd cancelled the regular meeting of August 3, 2004. 13.B. VICE CHAIRMAN ARTHUR R. NEUBERGER – INTRODUCTION OF CITY OF SEBASTIAN’S NEWEST COUNCIL MEMBER AND VACANCY TO FILL ON THE EMERGENCY SERVICES DISTRICT ADVISORY COMMITTEE Vice Chairman Neuberger introduced the City of Sebastian’s new Council Member, Lisanne Monier, who advised she was pleased to be at the meeting. Vice Chairman Neuberger also mentioned that he has a vacancy to fill on the Emergency Services District Advisory Committee. July 6, 2004 32 13.C. COMMISSIONER FRAN B. ADAMS None. 13.D. COMMISSIONER THOMAS S. LOWTHER None. 13.E. COMMISSIONER KENNETH R. MACHT None. DOCUMENTS MADE PART OF THE RECORD TRAFFICIMPACTFEECREDITAGREEMENT–DODGERTOWN VENTURE,LLLP(A3/23/04RN. UTHORIZED BY ESOLUTION O 2004-033) AGREEMENT EXECUTED ON 6/24/2004 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WITH THE OFFICIAL DOCUMENTS 14.A. EMERGENCY SERVICES DISTRICT 1. AMRMJ8, PPROVAL OF INUTES OF THE EGULAR EETING OF UNE 2004 July 6, 2004 33 2. ESD–AP MERGENCY ERVICES ISTRICT UTHORIZATION TO REPARE ARQ()N AND DVERTISE EQUEST FOR UALIFICATIONS RFQ OTICES AS–ESS FOR RCHITECTURAL ERVICES MERGENCY ERVICES TATIONS 3,5,9,12,13. AND The Chairman announced that immediately upon adjournment, the Board would reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes are being prepared separately and are appended to this document. 14.B. SOLID WASTE DISPOSAL DISTRICT None. 14.C. ENVIRONMENTAL CONTROL BOARD None. ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES July 6, 2004 34 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:12 a.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman Minutes Approved: _________________ BCC/PR/2004 Minutes July 6, 2004 35