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Home My WebLink About08/2/2005 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF AUGUST 2, 2005 1.CALL TO ORDER........................................................................................ 1 2.INVOCATION ............................................................................................... 1 3.PLEDGE OF ALLEGIANCE...................................................................... 1 4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ............................................................................................................ 1 5.PRESENTATION – FLORIDA ASSOCIATION OF COUNTIES (FACO) – CERTIFIED COUNTY COMMISSIONER (CCC) DESIGNATION AWARDED TO COMMISSIONERS BOWDEN, DAVIS, AND WHEELER ............................................................................ 2 6.APPROVAL OF MINUTES – JULY 12, 2005 .......................................... 2 7.CONSENT AGENDA ................................................................................... 2 7.A.R .....................................................................................................................2 EPORTS 7.B.C’SAC(CSAC)N HILDRENS ERVICES DVISORY OMMITTEE AND EEDS AS-C–RR.DH SSESSMENT UBOMMITTEE ESIGNATION OF EV ONNA IRSCHFIELD M–D1A .............................................................................3 AURER ISTRICT PPOINTEE 7.C.C’SAC(CSAC)GR HILDRENS ERVICES DVISORY OMMITTEE AND RANT EVIEW S-C–RDS–D2 UBOMMITTEE ESIGNATION OF EIRDRE AFIKHANI ISTRICT A ..................................................................................................................3 PPOINTEE August 2, 2005 1 7.D.R–AJRT ECANTATION PPOINTMENT OF EANNE ADLET TO OURIST DC(TDC) ................................................................................3 EVELOPMENT OUNCIL 7.E.AW ...........................................................................................4 PPROVAL OF ARRANTS 7.F.AW ...........................................................................................4 PPROVAL OF ARRANTS 7.G.RN.2005-114-ASC-OR ESOLUTION O GREEMENT TO ELL OUNTYWNED EAL PSRCIRC, ROPERTY TO UNSHINE EHABILITATION ENTER OF NDIAN IVER OUNTY I.–170517A ...........................................................................................4 TH NC VENUE 7.H.RN.2005-115–MBA016.............5 ESOLUTION O ISCELLANEOUS UDGET MENDMENT 7.I.RN.2005-116–MBA017.............5 ESOLUTION O ISCELLANEOUS UDGET MENDMENT 7.J.2006HS ..........................................................................................5 OLIDAY CHEDULE 7.K.NCAC–SSPR ORTH OUNTY QUATIC ENTER OLE OURCE URCHASE OF ESTROOM FS–DBC.......................................................6 LOORING URFACING URA OND OMPANY 7.L.CDBGDRI- OMMUNITY EVELOPMENT LOCK RANT ISASTER ECOVERY NITIATIVE CSC’R/R–1) ONSULTANT ELECTION OMMITTEES ECOMMENDATIONSANKING FFE,I.,2)G&O’M,I.,3) RED OX NTERPRISES NC REENBORNE ARA NC AND J&A ..............................................................................................6 ORDAN SSOCIATES 7.M.GACBG(CDBG)–FF IFFORD REA OMMUNITY LOCK RANT RED OX E,I.–CO#1–D–CR– NTERPRISES NC HANGE RDER EMOLITION LARK ESIDENCE 423526A-APE,I. ..........................................7 TH VENUE LL HASE NVIRONMENTAL NC 7.N.OCV–258589A-RM.G– TH NGOING ODE IOLATIONS VENUE USSELL LEASON ASIR .........................................................7 UTHORIZATION TO EEK NJUNCTIVE ELIEF 7.O.ELACS–S NVIRONMENTAL AND CQUISITION ONSULTANT ERVICES ELECTION C’R/R-1)TCF, OMMITTEES ECOMMENDATIONSANKING HE ONSERVATION UND 2)FA,I.,3)TNC ...............................7 LORIDFFINITY NC AND HE ATURE ONSERVANCY 7.P.PSELA– ROFESSIONAL ERVICES FOR NVIRONMENTAL AND CQUISITION LCE–FA,I.(AT–S. IMITED ONTRACT XTENSION LORIDFFINITY NC NSIN RACT T SR,DT,RTSP EBASTIAN IVERFRONT IAMOND RACT YALL RACT OUTH RONG S,SR) ..................................................................................8 LOUGH AND EXTON ANCH 7.Q.RN.2005-117-PRE13345 ESOLUTION O ARTIAL ELEASE OF AN ASEMENT AT NIRD(L11,KS)–AP .........9 ORTH NDIAN IVER RIVE OT ARR UBDIVISION RTHUR RIEP 7.R.RN.2005-118-PRE2125 ESOLUTION O ARTIAL ELEASE OF AN ASEMENT AT ID–JB–(L10,RS.C SLAND RIVE OSE ATISTA OT EPLAT OF T HRISTOPHER HS) ...............................................................................................9 ARBOR UBDIVISION August 2, 2005 2 7.S.HH–FPA-GGPII ABITAT FOR UMANITY INAL LAT PPROVAL RACE ROVES HASE -CCRI ONTRACT FOR ONSTRUCTION OF EQUIRED MPROVEMENTS AND THE CRSI ............................................9 ONTRACT FOR EQUIRED IDEWALK MPROVEMENTS 7.T.TFC85423M-R-MIIIF12DT-DTT–S ETEATIC OPRESSER OW YPE OLE SP–TKC,I.......................................... 10 OURCE URCHASE HE ILPATRICK OMPANY NC 7.U.S.JRWMD(SJRWMD)_CS T OHNS IVER ATER ANAGEMENT ISTRICT OST HARE GA–RPIRL .................. 10 RANT PPLICATION OAD AVING ALONG NDIAN IVER AGOON 7.V.S.JRWMD(SJRWMD)_-C T OHNS IVER ATER ANAGEMENT ISTRICT OST SGA–EMRSP .... 11 HARE RANT PPLICATION GRET ARSH EGIONAL TORMWATER ARK 7.W.SCROP–CD– OUTH OUNTY EVERSE SMOSIS LANT ONCENTRATE ISPOSAL FDEP(FDEP)-P LORIDA EPARTMENT OF NVIRONMENTAL ROTECTION ERMIT RAN.1WON.6–A ENEWAL MENDMENT O TO ORK RDER O DDITIONAL PS–K-H&A,I............................ 11 ROFESSIONAL ERVICES IMLEYORN SSOCIATES NC 7.X.SGMS-R–UB ............................ 12 UNARD AILING ERVICES ENEWAL TILITY ILLINGS 8.A.SHERIFF ROY RAYMOND – BUDGET AMENDMENT – PUBLIC AUCTION PROCEEDS............................................................. 12 8.B.CLERK OF COURT JEFFREY K. BARTON – AUDITOR SELECTION COMMITTEE’S RECOMMENDATION – REAPPOINTMENT OF HARRIS, COTHERMAN, JONES, PRICE & ASSOCIATES............................................................................ 13 9.A.PUBLIC HEARING – ORDINANCE NO. 2005-024 – SHOWCASE DESIGNER HOMES – REZONE ±36.44 ACRES FROM A-1 TO RS-3 (RZON 2004040192-42263) (QUASI-JUDICIAL) ......................... 14 POLICYDECISION–SWORNTESTIMONYONQUASI-JUDICIALMATTERS .................................................................................................................................. 15 VOTEONREZONING .................................................................................................... 16 9.C.PUBLIC NOTICE ITEM SCHEDULED FOR PUBLIC HEARING ON AUGUST 9, 2005 .................................................................................. 16 August 2, 2005 3 AOBCCIR N RDINANCE OF THE OARD OF OUNTY OMMISSIONERS OF NDIAN IVER C,F,AIRCCC105, OUNTY LORIDA MENDING NDIAN IVER OUNTY ODE HAPTER P,RPAC URCHASING TO AISE THE URCHASING UTHORITY OF THE OUNTY A$5,000$50,000;PFE DMINISTRATOR FROM TO ROVIDING OR AN FFECTIVE D,S,C(J21, ATE EVERABILITY AND ODIFICATION MEMORANDUM DATED ULY 2005)(L) ............................................................................................... 16 EGISLATIVE RD 11.C.1.BID #7075 - 43 AVENUE SUB-COMPLEX (SUPERVISOR OF ELECTIONS, BUILDINGS AND GROUNDS, AND ANIMAL CONTROL) – DONADIO & ASSOCIATES, ARCHITECTS, P.A. – CHILBERG CONSTRUCTION ............................................................ 17 11.C.2.UTILIZATION OF EOC (EMERGENCY OPERATIONS CENTER) GRANT – NEW ADMINISTRATION BUILDING OR STRD FREE STANDING BUILDING - 41 STREET & 43 AVENUE – DISCUSSION ON ROOFING MATERIAL (BARREL TILE OR METAL) ....................................................................................................... 17 11.I.1.PUBLIC WORKS – INTERSECTION IMPROVEMENTS AT TH 58 AVENUE AND SR 60 – KIMLEY-HORN AND ASSOCIATES, INC. - CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT – AMENDMENT NO. 1 ........................ 19 11.I.2.PUBLIC WORKS – EAST ROSELAND STORMWATER IMPROVEMENTS – PENINSULA HYDROLOGIC DATA SPECIALISTS, INC. – WORK ORDER NO. 1 – POST-CONSTRUCTION STORMWATER MONITORING AND SAMPLING .................................................................................................. 20 11.J.UTILITIES DEPARTMENT - OPERATION CENTER – SUMMIT CONSTRUCTION MANAGEMENT, INC. – CHANGE ORDER NO. 2 – PROJECT UCP 2229 – BID NO. 7026 ....................... 21 August 2, 2005 4 12.A.COUNTY ATTORNEY – RESOLUTION NO. 2005-119 - PROPERTY EXCHANGE WITH WINDSOR PROPERTIES - GOLDEN SANDS PARK (SANDERLING PROPERTY OWNERS ASSOCIATION, INC.) ............................................................................... 21 12.B.COUNTY ATTORNEY – RESOLUTION NO. 2005-120 – ESTABLISH CONSERVATION LANDS ADVISORY COMMITTEE (CLAC) .............................................................................. 23 12.C.COUNTY ATTORNEY – MEDIATION BETWEEN INDIAN RIVER COUNTY AND SHAWN SMITH D/B/A SUPER DIP CAFÉ, INC. .................................................................................................. 24 13.D.COMMISSIONER WESLEY S. DAVIS – MAINTENANCE SECURITY BONDS – SECTION 913.10 OF THE CODE – GROWTH AWARENESS COMMITTEE - LAKES AT SANDRIDGE – PENDING ORDINANCE DOCTRINE ....................... 24 14.A.EMERGENCY SERVICES DISTRICT - NONE ................................... 28 14.B.SOLID WASTE DISPOSAL DISTRICT - NONE .................................. 28 14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 28 August 2, 2005 5 August 2, 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, August 2, 2005, at 9:00 a.m. Present were Chairman Thomas S. Lowther, Vice Chairman Arthur R. Neuberger, Commissioners Sandra L. Bowden, Wesley S. Davis, and Gary C. Wheeler. Also present were Administrator Joseph A. Baird, County Attorney William G. Collins II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Patricia Ridgely. 1. CALL TO ORDER Chairman Lowther called the meeting to order. 2. INVOCATION Rev. Dawn Lawton, Christ by the Sea United Methodist Church, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE County Administrator Joseph A. Baird led the Pledge of Allegiance to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS August 2, 2005 1 Chairman Lowther requested addition of item 12.C., Mediation between Indian River County and Shawn Smith D/B/A Super Dip Café, Inc. to today’s Agenda: ON MOTION by Commissioner Davis, SECONDED by Commissioner Bowden, the Board unanimously made the above change to the Agenda. 5. PRESENTATION – FLORIDA ASSOCIATION OF COUNTIES (FACO) – CERTIFIED COUNTY COMMISSIONER (CCC) DESIGNATION AWARDED TO COMMISSIONERS BOWDEN, DAVIS, AND WHEELER The Chairman read the press release and presented the plaques to Commissioners Bowden, Davis, and Wheeler. 6. APPROVAL OF MINUTES – JULY 12, 2005 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of July 12, 2005. There were none. ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved the Minutes of the Regular Meeting of July 12, 2005, as written and distributed. 7. CONSENT AGENDA 7.A. R EPORTS August 2, 2005 2 The following reports have been received and are on file in the office of the Clerk to the Board: 1.Convictions for June 2005 2.Notice of Regular Quarterly Meeting – St. John Water Control District (Tuesday, August 2, 2005, at 10:00 a.m.) NO ACTION REQUIRED OR TAKEN. 7.B. C’SAC(CSAC)N HILDRENS ERVICES DVISORY OMMITTEE AND EEDS AS-C–RR.D SSESSMENT UBOMMITTEE ESIGNATION OF EV ONNA HM–D1A IRSCHFIELD AURER ISTRICT PPOINTEE The Board noted the resignation. 7.C. C’SAC(CSAC)G HILDRENS ERVICES DVISORY OMMITTEE AND RANT RS-C–RDS– EVIEW UBOMMITTEE ESIGNATION OF EIRDRE AFIKHANI D2A ISTRICT PPOINTEE The Board noted the resignation. 7.D. R–AJRT ECANTATION PPOINTMENT OF EANNE ADLET TO OURIST DC(TDC) EVELOPMENT OUNCIL The Board noted the rescission of Vice Chairman Neuberger’s appointment to the TDC. August 2, 2005 3 7.E. AW PPROVAL OF ARRANTS ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the list of warrants issued by the Clerk to the Board for the period July 8-14, 2005, as requested in the memorandum of July 14, 2005. 7.F. AW PPROVAL OF ARRANTS ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the list of warrants issued by the Clerk to the Board for the period July 15-21, 2005, as recommended in the memorandum of July 21, 2005. 7.G. RN.2005-114-AS ESOLUTION O GREEMENT TO ELL C-ORPSR OUNTYWNED EAL ROPERTY TO UNSHINE EHABILITATION CIRC,I.–170517A TH ENTER OF NDIAN IVER OUNTY NC VENUE ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution No. 2005-114 approving the sale of real property, pursuant to an agreement to purchase and sell real estate, to Sunshine Rehabilitation Center of Indian River County, Inc., a Florida non-profit corporation, d/b/a August 2, 2005 4 Sunshine Physical Therapy Clinic in accordance with Florida Statutes Section 125.38 for continued community interest and welfare use as a physical therapy clinic. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BO ARD 7.H. RN.2005-115–MB ESOLUTION O ISCELLANEOUS UDGET A016 MENDMENT ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution No. 2005-115 amending the Fiscal Year 2004-2005 Budget. 7.I. RN.2005-116–MB ESOLUTION O ISCELLANEOUS UDGET A017 MENDMENT ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution No. 2005-116 amending the Fiscal Year 2004-2005 Budget. 7.J. 2006HS OLIDAY CHEDULE ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the August 2, 2005 5 2006 Holiday Schedule, as listed in the memorandum of July 18, 2005. 7.K. NCAC–SSP ORTH OUNTY QUATIC ENTER OLE OURCE URCHASE OF RFS–DBC ESTROOM LOORING URFACING URA OND OMPANY ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously accepted the Dura Bond Company as the sole source provider and authorized the Purchasing Division to issue a purchase order for the completion of the floor surfacing at the North County Aquatic Center, as recommended in the memorandum of July 12, 2005. 7.L. CDBGDR OMMUNITY EVELOPMENT LOCK RANT ISASTER ECOVERY I-CSC’ NITIATIVE ONSULTANT ELECTION OMMITTEES R/R–1)FFE,I.,2) ECOMMENDATIONSANKING RED OX NTERPRISES NC G&O’M,I.,3)J&A REENBORNE ARA NC AND ORDAN SSOCIATES ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the consultant selection prioritization list and authorized staff to begin contract negotiations with the number one ranked firm, as recommended in the memorandum of July 26, 2005. August 2, 2005 6 7.M. GACBG(CDBG)–FF IFFORD REA OMMUNITY LOCK RANT RED OX E,I.–CO#1–D–C NTERPRISES NC HANGE RDER EMOLITION LARK R–423526A-APE,I. TH ESIDENCE VENUE LL HASE NVIRONMENTAL NC ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Change Order #1 to increase All Phase Environmental, th Inc.’s cost for the Ida Mae Clark (4235 26 Avenue) house demolition and site preparation by $900.00, as recommended in the memorandum of July 25, 2005. 7.N. OCV–258589A-RM. TH NGOING ODE IOLATIONS VENUE USSELL G–ASIR LEASON UTHORIZATION TO EEK NJUNCTIVE ELIEF Chairman Lowther separated this item from the Consent Agenda to commend Code Enforcement staff for their good work on this case. He was pleased to see more bite in our code enforcement. ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously authorized staff to seek injunctive relief against Mr. Russell M. Gleason for ongoing code violations, as described and recommended in the memorandum of July 27, 2005. 7.O. ELACS– NVIRONMENTAL AND CQUISITION ONSULTANT ERVICES SC’R/R-1)T ELECTION OMMITTEES ECOMMENDATIONSANKING HE August 2, 2005 7 CF,2)FA,I.,3)TN ONSERVATION UND LORIDFFINITY NC AND HE ATURE C ONSERVANCY ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the consultant selection prioritization list and authorized staff to begin contract negotiation with the number one ranked firm, The Conservation Fund, as recommended in the memorandum of July 26, 2005. 7.P. PSEL ROFESSIONAL ERVICES FOR NVIRONMENTAL AND A–LCE–FA,I. CQUISITION IMITED ONTRACT XTENSION LORIDFFINITY NC (AT–S.SR,DT,R NSIN RACT T EBASTIAN IVERFRONT IAMOND RACT YALL TSPS,SR) RACT OUTH RONG LOUGH AND EXTON ANCH ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously authorized the Chairman to execute the proposed Amendment of Agreement with FloridAffinity, as recommended in the memorandum of July 27, 2005. AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD August 2, 2005 8 7.Q. RN.2005-117-PRE ESOLUTION O ARTIAL ELEASE OF AN ASEMENT 13345NIRD(L11,KS)– AT ORTH NDIAN IVER RIVE OT ARR UBDIVISION AP RTHUR RIEP ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution No. 2005-117 releasing a portion of an easement on Lot 11, Karr Subdivision. 7.R. RN.2005-118-PRE ESOLUTION O ARTIAL ELEASE OF AN ASEMENT 2125ID–JB–(L10,RS. AT SLAND RIVE OSE ATISTA OT EPLAT OF T CHS) HRISTOPHER ARBOR UBDIVISION ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution No. 2005-118 releasing an easement on Lot 10, Replat of St. Christopher Harbor Subdivision. 7.S. HH–FPA-G ABITAT FOR UMANITY INAL LAT PPROVAL RACE GPII-CCR ROVES HASE ONTRACT FOR ONSTRUCTION OF EQUIRED ICRS MPROVEMENTS AND THE ONTRACT FOR EQUIRED IDEWALK I MPROVEMENTS ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously granted final plat approval for Grace Groves Phase II, authorized the August 2, 2005 9 Chairman to sign the Contract for Construction of Required Improvements and the Contract for Required Sidewalk Improvements, and directed staff to record the mylar only after the acceptable security is received and approved by the County Attorney, as recommended in the memorandum of August 1, 2005. COPIES OF CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.T. TFC85423M-R-MIIIF12DT-DTT– ETEATIC OPRESSER OW YPE SSP–TKC,I. OLE OURCE URCHASE HE ILPATRICK OMPANY NC Chairman Lowther suggested this item be tabled for one week to allow the new ballfield maintenance worker to make a decision on the type of equipment to be purchased. ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously tabled this item for one week. 7.U. S.JRWMD(SJRWMD)_ T OHNS IVER ATER ANAGEMENT ISTRICT CSGA–RPIR OST HARE RANT PPLICATION OAD AVING ALONG NDIAN IVER L AGOON ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the SJRWMD Cost-Share Grant application and authorized the August 2, 2005 10 Chairman to execute same, as recommended in the memorandum of July 20, 2005. COPY OF APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.V. S.JRWMD(SJRWMD)_- T OHNS IVER ATER ANAGEMENT ISTRICT CSGA–EMR OST HARE RANT PPLICATION GRET ARSH EGIONAL SP TORMWATER ARK ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the SJRWMD Cost-Share Grant application and authorized the Chairman to execute same, as recommended in the memorandum of July 20, 2005. COPY OF APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.W. SCROP–C OUTH OUNTY EVERSE SMOSIS LANT ONCENTRATE D–FDEP ISPOSAL LORIDA EPARTMENT OF NVIRONMENTAL ROTECTION (FDEP)-PRAN.1WON.6 ERMIT ENEWAL MENDMENT O TO ORK RDER O –APS–K-H& DDITIONAL ROFESSIONAL ERVICES IMLEYORN A,I. SSOCIATES NC ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved a) August 2, 2005 11 Amendment No. 1 to Work Order No. 6 with Kimley-Horn, Inc., in the amount of $21,180 for additional coordination, sampling, evaluation, and lab cost; and b) authorized the Chairman to execute the above referenced amendment, as recommended in the memorandum of July 11, 2005. AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.X. SGMS-R–UB UNARD AILING ERVICES ENEWAL TILITY ILLINGS ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the renewal of the Contract with SunGard Mailing Services for a one-year period effective July 1, 2005, as recommended in the memorandum of July 21, 2005. RENEWAL AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.A. SHERIFF ROY RAYMOND – BUDGET AMENDMENT – PUBLIC AUCTION PROCEEDS ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously approved the Sheriff’s budget amendment in the amount of $48,447, as proposed in his letter of July 15, 2005. August 2, 2005 12 8.B. CLERK OF COURT JEFFREY K. BARTON – AUDITOR SELECTION COMMITTEE’S RECOMMENDATION – REAPPOINTMENT OF HARRIS, COTHERMAN, JONES, PRICE & ASSOCIATES MOTION WAS MADE by Commissioner Davis, SECONDED by Commissioner Wheeler, to approve staff’s recommendation. Commissioner Davis questioned the advisability of continuing with the same auditor for such a long time even though he saw no reason not to use them because they are a local firm and $40,000 cheaper than the other bidder. County Administrator Baird stated that the firm has done a very good job for us in the past. The standards remain the same. Finance Director Diane Bernardo explained that under a new State statute there are new and more stringent criteria for auditors. A very detailed RFP was issued, 8 firms appeared to be interested, but only 2 proposals were received. She explained why the Auditor Selection Committee unanimously recommended Harris, Cotherman, Jones, Price & Associates. She stressed that the other firm had never completed a county audit; county audits are four times the size of audits for municipalities. She also noted the audit managers would be rotated. Commissioner Neuberger affirmed Ms. Bernardo’s comments and recounted that the Committee also decided there would be a mandatory rotation policy on future bids to prevent Harris, Cotherman from responding to the next RFP. The Chairman CALLED THE QUESTION and the motion carried unanimously. (The Board unanimously reappointed Harris, Cotherman, Jones, Price & Associates as the August 2, 2005 13 County’s auditing firm for fiscal years ending 2005 through 2009 and agreed to proceed with negotiation of the contract.) 9.A. PUBLIC HEARING – ORDINANCE NO. 2005-024 – SHOWCASE DESIGNER HOMES – REZONE ±36.44 ACRES FROM A-1 TO RS-3 (RZON 2004040192-42263) (QUASI-JUDICIAL) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating used slides on the overhead to enhance his presentation of the memorandum in the backup dated July 19, 2005. Commissioner Wheeler interjected questions concerning the parcel within the urban ththst service area (USA) on the west side of 58 Avenue between 4 Street and 1 Street SW, and Director Keating explained that in 1989-1990 when the County was developing its Comprehensive Plan, a number of property owners contested the Plan and they became interveners in the process and had certain rights. This was one of the properties and is known as the “Feldman property”. The settlement of the County was to allow David Feldman to have a certain amount of development. The parcel was designated “R” (1unit per acre). Commissioner Davis raised a question about the enclave issue, and Director Keating advised that action taken on this matter would have no effect because the subject property is already designated a L-1. Director Keating continued his presentation advising that the Planning & Zoning Commission recommended approval. The plan is consistent with the Comprehensive Plan, is compatible with the surrounding area, meets the concurrency tests, and no negative environmental impacts are anticipated. August 2, 2005 14 In response to Commissioner Wheeler, Director Keating anticipated the density would be less than 2 units/acre. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. There were no speakers and the Chairman closed the public hearing. MOTION WAS MADE by Commissioner Davis, SECONDED by Vice Chairman Neuberger, to approve staff’s recommendation. POLICYDECISION–SWORNTESTIMONYONQUASI-JUDICIAL MATTERS Commissioner Bowden wanted to see a policy established for quasi-judicial hearings similar to that used by the City of Vero Beach whereby speakers take an oath before they testify in public hearings. County Attorney Collins explained a State Statute on public meetings that has provisions for quasi-judicial hearings allows the Commission to adopt procedures. When the law was passed about 10 years ago, the then-sitting Commission chose not to adopt the procedure but preferred the more informal procedures we had been using. They felt citizens would not feel intimidated but we are still observing the requirements of law. Commissioner Bowden explained her reasons for bringing this recommendation forward particularly so people would be speaking the truth. The other Commissioners felt the informal procedure has been working satisfactorily and is within the law. One thought the City’s procedures were quite cumbersome and that formalities would be intimidating to everyone. August 2, 2005 15 Attorney Bruce Barkett commented that the City’s procedure is “awful.” He suggested the oath could be administered to those who wished to speak. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowden, the Board unanimously adopted a policy that speakers in quasi-judicial public hearings would take an oath. (Clerk’s Note: This also includes Planning & Zoning Commission quasi-judicial public hearings.) VOTEONREZONING The Chairman CALLED THE QUESTION and the motion carried unanimously. (The Board unanimously adopted Ordinance No. 2005-024 amending the zoning ordinance and the accompanying zoning map for ±36.44 acres located st at the northeast quadrant of the intersection of 1 Street SW th and 58 Avenue, from A-1, agricultural district (up to 1 unit/5 acres), to RS-3, single family residential district (up to 3 units/acre); and providing codification, severability, and effective date.) 9.C. PUBLIC NOTICE ITEM SCHEDULED FOR PUBLIC HEARING ON AUGUST 9, 2005 AOBCCI N RDINANCE OF THE OARD OF OUNTY OMMISSIONERS OF NDIAN RC,F,AIRCC IVER OUNTY LORIDA MENDING NDIAN IVER OUNTY ODE C105,P,RPA HAPTER URCHASING TO AISE THE URCHASING UTHORITY OF August 2, 2005 16 CA$5,000$50,000;PF THE OUNTY DMINISTRATOR FROM TO ROVIDING OR ED,S,C AN FFECTIVE ATE EVERABILITY AND ODIFICATION (J21,2005)(L) MEMORANDUM DATED ULY EGISLATIVE The Chairman read the notice into the record. RD 11.C.1. BID #7075 - 43 AVENUE SUB-COMPLEX (SUPERVISOR OF ELECTIONS, BUILDINGS AND GROUNDS, AND ANIMAL CONTROL) – DONADIO & ASSOCIATES, ARCHITECTS, P.A. – CHILBERG CONSTRUCTION ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously awarded Bid #7075 to Chilberg Construction in the amount of $3,083,430 with payment and performance bonds at 100% of $32,875.00 for a total of $3,116,305.00, as recommended in the memorandum of July 27, 2005. After execution of the competed agreement by the Contractor, the Chairman shall be authorized to execute the agreement with the County Attorney’s office review and approval. CONTRACT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 11.C.2. UTILIZATION OF EOC (EMERGENCY OPERATIONS CENTER) GRANT – NEW ADMINISTRATION BUILDING OR August 2, 2005 17 STRD FREE STANDING BUILDING - 41 STREET & 43 AVENUE – DISCUSSION ON ROOFING MATERIAL (BARREL TILE OR METAL) ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously approved designing and building a new freestanding EOC strd on County-owned land in the 41 Street/43 Avenue area (Alternate No. 2); and authorized Staff to proceed with contract amendments with both Donadio and Associates for architectural services and with Turner Construction for construction manager at risk services, all as recommended in the memorandum of July 27, 2005. Before continuing with the next item, Commissioner Wheeler requested some information on a stand alone EOC. County Administrator Baird explained it would be best to move the EOC to the west so that communication and mobilization of departments such as Road and Bridge and Utilities can be coordinated. This would make it easier/less expensive to harden the building to withstand 200 mph winds and give “growing space” to the new Administration Complex. He also felt that it would be important to develop an emergency feeding plan that will be brought forth in the future. Discussion ensued during which Chairman Lowther questioned whether using metal roofing for the Administration Complex Buildings would be better than using barrel tile. County Administrator Baird advised it would cost an additional $100,000 per building to do metal but there is the aesthetic issue. Tony Donadio Project Manager Steve Blum and Architect addressed the technical components of this issue. August 2, 2005 18 th Mr. Donadio, Donadio and Associates, 609 17 Street, explained how the ridge tiles, ridge boards, and eave tiles would be secured. Both types have good warranties and both are approved under the new Miami-Dade wind load testing requirements. A tile roof has a 50-year life and a metal roof has a 25-year life. He gave assurance that the tile roofs will be attached to meet all the requirements. There was CONSENSUS to leave the barrel tile roof as designed. Commissioner Wheeler wanted to table this matter to obtain more information, and County Administrator Baird advised that staff was concerned about the time table but admitted this could be held off for a week. He submitted the figures for the differences. These amounts were projected on the overhead (copy in the backup) and explained by County Administrator Baird. Commissioner Wheeler was concerned about the expenditure of additional funds although he saw some advantages and disadvantages. Discussion ensued about the hardening of the buildings and wind standards. Commissioner Bowden advised she would not be present at the next meeting but has done some research and favors the off-site location. Both Chairman Lowther and Commissioner Davis stated they were satisfied with the earlier decision. Commissioner Wheeler MOVED TO RECONSIDER AND TABLE THIS MATTER; there was no second so the motion failed. 11.I.1. PUBLIC WORKS – INTERSECTION IMPROVEMENTS AT TH 58 AVENUE AND SR 60 – KIMLEY-HORN AND ASSOCIATES, INC. - CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT – AMENDMENT NO. 1 August 2, 2005 19 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved Alternative No. 1 whereby the Chairman is authorized to execute the agreement as written, as recommended in the memorandum of July 14, 2005. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.2. PUBLIC WORKS – EAST ROSELAND STORMWATER IMPROVEMENTS – PENINSULA HYDROLOGIC DATA SPECIALISTS, INC. – WORK ORDER NO. 1 – POST-CONSTRUCTION STORMWATER MONITORING AND SAMPLING ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously approved the work order and authorized the Chairman to execute same in the amount of $26,800, as recommended in the memorandum of July 20, 2005. WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD August 2, 2005 20 11.J. UTILITIES DEPARTMENT - OPERATION CENTER – SUMMIT CONSTRUCTION MANAGEMENT, INC. – CHANGE ORDER NO. 2 – PROJECT UCP 2229 – BID NO. 7026 ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously approved the Change Order No. 2 with Summit Construction Management, Inc., reducing the contract in the amount of $434,158 with an increase in 15 construction days, and authorized the Chairman to execute same, as recommended in the memorandum of July 12, 2005. CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12.A. COUNTY ATTORNEY – RESOLUTION NO. 2005-119 - PROPERTY EXCHANGE WITH WINDSOR PROPERTIES - GOLDEN SANDS PARK (SANDERLING PROPERTY OWNERS ASSOCIATION, INC.) County Attorney Will Collins reviewed the memorandum of July 24, 2005, and responded to Commissioners’ questions about the County’s obligations under this agreement. Linda McCune , 1309 Cape Point Circle, representing the Board of Directors of Sanderling Property Owners Association, Inc., advised that her board does not support this land swap and would not be receiving the $650,000 from Windsor Properties. She hoped the Commissioners had time to read the letter they submitted. (A copy of a letter dated August 1, 2005 from Paul Macdonald, President of the Sanderling Property Owners Association, Inc., is on file August 2, 2005 21 with the backup.) They are concerned about privacy for their subdivision and requested a 500’ buffer on the park side, want to make sure it is in the contract, and want to make sure the active part of the park is designed away from their property. They do not want people sitting on their seawall and fear loss of property value after spending a lot of money to build that seawall. Commissioner Davis understood the concerns but could not give any assurance on their requests because we do not know what will happen in the future. He believed the park would be designed with a buffer but not 500 feet. Commissioner Neuberger agreed with Commissioner Davis’ remarks. County Attorney Collins recounted the legal steps already taken in this matter and read out the specific actions in the agreement. He believed there would be a legal issue to placing a conservation buffer on the property that has a recreation restriction placed on it by the State because they contributed to the development of the park in the late 1980s. He advised the State has agreed to the swap. The closing would not occur until the park has been built out. MOTION WAS MADE by Vice Chairman Neuberger, SECONDED by Commissioner Davis, to approve staff’s recommendation. There was a suggestion that if Sanderling is not getting the $650,000 maybe the County could get that money. Ms. McCune reminded them that beachfront property is worth a lot of money, and the County would only get $1 million. She noted that the County would get a FEMA reimbursement from the hurricanes and that the park is not in bad shape so the County is not getting that much from this agreement. County Administrator Baird specified that repairs to the park have been kept at a minimum in anticipation of this agreement/exchange. It is due for an update or renovation. The County believes they will be getting a brand new park and facility plus the million dollars, but he August 2, 2005 22 suggested the County ask for the $650,000 if Sanderling does not want it because it is in the best interest of the taxpayers. Commissioner Bowden agreed with County Administrator Baird’s remarks. She saw no reason to increase that buffer. With regard to the $650,000, County Attorney Collins advised we would have to re-advertise and make the $650,000 part of the agreement. Bruce Barkett, attorney representing Windsor Properties, gave the history on the discussion with Sanderling and noted that the initial request from Sanderling was for sand on the beach. Thus the offer of $650,000 which is no longer on the table. He asked the Commissioners to act on the motion on the table. The Chairman CALLED THE QUESTION and the motion carried unanimously. (The Board adopted Resolution No. 2005-119 approving an exchange of land with Windsor Properties, a Florida general partnership.) AGREEMENT RELATING TO PROPERTY EXCHANGE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12.B. COUNTY ATTORNEY – RESOLUTION NO. 2005-120 – ESTABLISH CONSERVATION LANDS ADVISORY COMMITTEE (CLAC) County Attorney Collins reviewed the memorandum of July 20, 2005. Commissioner Wheeler volunteered to serve as the liaison to the new committee and explained why he requested formation of this committee. August 2, 2005 23 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution No. 2005-120 establishing the Conservation Lands Advisory Committee. 12.C. COUNTY ATTORNEY – MEDIATION BETWEEN INDIAN RIVER COUNTY AND SHAWN SMITH D/B/A SUPER DIP CAFÉ, INC. County Attorney Will Collins reviewed the memorandum dated July 28, 2005. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously accepted the Mediation Settlement Agreement and authorized payment of an additional $30,000 to Super Dip Café, Inc., as recommended in the memorandum of July 28, 2005. COPY OF SETTLEMENT AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13.D. COMMISSIONER WESLEY S. DAVIS – MAINTENANCE SECURITY BONDS – SECTION 913.10 OF THE CODE – GROWTH AWARENESS COMMITTEE - LAKES AT SANDRIDGE – PENDING ORDINANCE DOCTRINE Commissioner Davis referred to pages in the backup from the County Code (Section 913.10, Security for Construction and for Maintenance of Required Improvements) advising that August 2, 2005 24 after a recent amendment it is unclear whether or not a security bond is acceptable for landscaping maintenance. County Attorney Collins explained that it is the developer, not the subcontractor, who puts up the bond. In the past we have accepted three forms of security for subdivision improvements and the warranty of those improvements: cash, letter of credit, or performance bond. In the ordinance adopted last April, the Board eliminated performance bonds as a form of security that would be accepted. He specified that the maintenance security provisions talk about maintenance security; guaranteeing the required road, drainage and sidewalk improvements. Landscaping is not mentioned. There is no security required for landscaping buffers. As the minutes on backup page 300 reflect, when the ordinance was adopted, buffering improvements would be handled through Code Enforcement. If the landscaping were allowed to die, the responsible party would be cited. If the developer were still in control, then the developer would be responsible; if it occurred after the turnover to the association, then the association would be responsible for the continued maintenance. He was not sure what Commissioner Davis felt needed to be fixed. Joseph Paladin, Growth Awareness Committee (GAC), was opposed to requiring a letter of credit for maintenance of landscaping. He mentioned this point had been discussed with Commissioner Wheeler but Commissioner Wheeler did not recall this specific issue. County Attorney Collins recalled there were 13 pending ordinance items developed by the GAC but this was not one of them. An ordinance was already adopted concerning maintenance, after a public hearing; it was never a pending ordinance. It was a County-initiated change because the Commission had been concerned, prior to the development of the GAC, about construction of subdivisions, i.e., the quality and how they were going to be maintained. It was at that time decided to extend the period of the warranty from one to three years. If the Board thinks it is a good idea to allow performance bonds for these maintenance warranties, he had no objection, but it is not what the ordinance says right now and it would have to come back at a public hearing to implement that modification. He later specified that the County’s relationship is August 2, 2005 25 with the developer, not the contractors. Therefore, the County wants the surety bond from the developer. County Administrator Baird recalled that this issue came about as a result of concerns about the Oak Chase Subdivision and that staff had recommended Code changes to prevent similar future problems. He stressed that the County is trying to protect the homeowners and could never recommend chasing the subcontractors. He preferred security by irrevocable letters of credit or cash over performance bonds. Bruce Barkett , a member of the GAC, felt that requiring a letter of credit or cash for maintenance for three years is unreasonable. After completion of the subdivision, the developer should be able to post a 3-year bond for maintenance. That bond should be from a bonding company with an A+15 or higher rating. The developer should not have to leave a letter of credit sitting for 3 years. Chairman Lowther and Commissioner Wheeler agreed that the developers should be responsible; the intent was to protect the consumer. Mr. Paladin thought it unfair to use a bond for the maintenance of landscaping for a 3-year period. Although he would prefer a letter of credit, Commissioner Wheeler stated he could live with a bond. Commissioner Davis believed requiring a letter of credit put an undue hardship on the developer. He could agree to an increased percentage but believed tying up the developer’s cash was not the right thing to do. County Administrator Baird recalled that the GAC recommended a performance bond but the Commission decided at the public hearing to go further and require a letter of credit. He suggested looking at the minutes before making any further decisions. Mr. Paladin recalled how this change came about, but Commissioner Wheeler wanted to look at the minutes. Vice Chairman Neuberger understood the issue to be whether a bond or letter of credit should be used for “warranty” on maintenance. August 2, 2005 26 County Attorney Collins understood that Commissioner Davis was asking for a bond to warranty performance of the actual construction. The requirement is for cash or letter of credit (125%) for construction. But for maintenance he understood the Board wanted 25% cash, a letter of credit or a performance bond by a company with a rating of A+15. If that is what the Board wants, he could bring back an amendment to that part of the ordinance. Commissioner Wheeler pointed out the County has had many new subdivisions in recent years and very few were a problem like Oak Chase. He specified that he believed the Board wanted a 3-year warranty, not a 1-year, and he felt for the most part we would never have to call the performance bond. He thought it a good compromise that would work to everybody’s benefit to require a bond strictly for the 3-year warranty. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously directed the County Attorney to bring back an Ordinance that allows (3-year) security for Maintenance (Warranty) in the form of cash, letter of credit or performance bonds to be posted by a company that has a credit rating of A+15. The Chairman called for adjournment but when the Commissioners began to rise they noticed a speaker had come to the podium. The Commissioners resumed their seats and the Chairman allowed the speaker to proceed. Doug Engle, 504 N. Harbor City Boulevard, Melbourne, advised he is a principal in thst the Lakes at Sandridge development at 58 Avenue and 81 Street. County Attorney Collins recounted that he had spoken with Mr. Engle who is looking for a certificate of completion (CO) on 25 homes. Mr. Engle’s concern is we are no longer accepting a bond for maintenance security. He thought the solution to Mr. Engle’s problem would be to allow staff to accept maintenance bonds under the pending ordinance doctrine. This would get Mr. Engle’s project “off the hook” and allow him to close on the houses he built. August 2, 2005 27 Commissioners agreed to allow this but emphasized that it would be for a 3-year period. 14.A. EMERGENCY SERVICES DISTRICT - NONE 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 August 2, 2005 28 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:43 a.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman Minutes Approved: _________________ BCC/PR/2005 Minutes August 2, 2005 29