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Home My WebLink About08/24/2004 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF AUGUST 24, 2004 1.CALL TO ORDER........................................................................................ 1 2.INVOCATION ............................................................................................... 1 3.PLEDGE OF ALLEGIANCE...................................................................... 1 4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ............................................................................................................ 2 5.PROCLAMATIONS AND PRESENTATIONS ....................................... 2 5.A.PIRCFA,I.V RESENTATION BY NDIAN IVER OUNTY AIR SSOCIATION NC AND ERO BFFA-2004FFIR EACH IRE IGHTERS SSOCIATION IRE IGHTERS NDIAN IVER CF ..............................................................................................................2 OUNTY AIR 5.B.PRSCU.S.FW RESENTATION OF EVENUE HARING HECK FROM ISH AND ILDLIFE SIRCPT,RM, ERVICE TO NDIAN IVER OUNTY BY AUL RITAIK EFUGE ANAGER PINWR .......................................................3 ELICAN SLAND ATIONAL ILDLIFE EFUGE 5.C.PDM,IRCW ................3 RESENTATION BY AVID ERLIN NDIAN IVER OUNTY EBMASTER 6.APPROVAL OF MINUTES ........................................................................ 4 7.CONSENT AGENDA ................................................................................... 5 7.A.R .....................................................................................................................5 EPORTS AUGUST 24, 2004 1 7.BAW ...........................................................................................5 PPROVAL OF ARRANTS 7.C.CAWC-AEC OUNTY TTORNEY ILL OLLINS DDENDUM TO MPLOYMENT ONTRACT –S9.S ...........................................................................................5 ECTION EVERANCE 7.D.EABKE.M’A XECUTIVE IDE TO THE OARD IMBERLY ASSUNGS NNUAL ECR ..........................................................................6 MPLOYMENT ONTRACT ENEWAL 7.E.GHOVBVIII,I.–RFPA– ERO EACH NC EQUEST FOR INAL LAT PPROVAL TTS ...................................................................6 OWNHOMES AT RILLIUM UBDIVISION 7.F.CDBG(CDBG)-H OMMUNITY EVELOPMENT LOCK RANT OUSING RBJ.F.MC-R EHABILITATION IDS TO EYERS ONSTRUCTION ESIDENCES OF ELJ.,443526A($44,789)RN,4535 TH LISHA OFTON R VENUE AND UBY EWKIRK 38A($39,161)-DBAPE TH VENUE EMOLITION IDS TO LL HASE NVIRONMENTAL ($6,500)-RIMC,423526A, TH EACH ESIDENCES OF DA AE LARK VENUE FJ,184538P,JB,461634A, THTH LORETHA ONES LACE ESSIE ROWN VENUE SF200242PGC,4476 ND TEADVAL LEMMING AT LACE AND EORGE HAMBLISS 28A-RHBTC TH VENUE EPLACEMENT OME IDS TO URNER ONSTRUCTION FOR IMC($54,000),M.&M.JB($52,000),F DA AE LARK R RS ESSE ROWN LORETHA J($60,000),M.&M.SF($60,000),M.&M. ONES R RS TEADVAL LEMMING R RS GC($52,000)-MRCDBGH EORGE HAMBLISS INOR EVISIONS TO THE OUSING AP .......................................................................................................7 SSISTANCE LAN 7.G.BA#6088–WMGGP–USH ID WARD ATER AIN ARDEN ROVE ROJECT IGHWAY #1–GGGIE-UU, ARDEN ROVE TO ROVE SLE STATES NDERGROUND TILITIES I...............................................................................................................................8 NC 7.H.R2004-092-WSVSUE ESOLUTION EST IDE ILLAS UBDIVISION TILITY ASEMENTS –24S,81T80&81CE82A– THSTTHSTND TREET ERRACE AND OURTS AST OF VENUE PWS–PN.UCP-2393 .............................................9 ETITION ATER ERVICE ROJECT O 7.I.PCS9-10,2004“TG ROCLAMATION ELEBRATING EPTEMBER AS HE RAND I11PUF”–D. TH NAUGURAL OF THE RESIDENT OF THE NIVERSITY OF LORIDA R J.B“B”M ...............................................................................9 ERNARD ERNIE ACHEN 9.A.1.RESOLUTION 2004-093 - WEST SIDE VILLAS PETITION THSTTHST WATER SERVICE – 24 STREET, 81 TERRACE, 80 & 81 AUGUST 24, 2004 2 ND COURTS, EAST OF 82 AVENUE – COUNTY PROJECT NO. UCP – 2393 (RESOLUTION III – PUBLIC HEARING) (QUASI-JUDICIAL) ..................................................................................... 9 9.B.1.PUBLIC DISCUSSION – BRIAN HEADY’S REQUEST TO DISCUSS QUALITY OF LIFE, TAX BURDEN AND EXPENDITURES OF CURRENT COUNTY RESIDENTS ................. 10 9.B.2.PUBLIC DISCUSSION – JEANETTE M. ROSS REQUEST TO DISCUSS WATER CHARGE BILLED WHILE WAITING FOR A METER TO BE INSTALLED ............................................................... 11 9.B.3.PUBLIC DISCUSSION - DIAN GEORGE REQUEST TO DISCUSS ROAD WIDENING PROJECTS ............................................ 11 9.B.4PUBLIC DISCUSSION – ADRIENNE CUFFE REQUEST TO DISCUSS ROAD WIDENING PROJECTS ............................................ 12 9.C.1. PUBLIC NOTICE ITEM – CLARIFICATION OF PUBLIC HEARING NOVEMBER 9, 2004 AT 9:05 A.M. 6:05 P.M. ................... 12 9.C.1.CWV(DV)PP LARIFICATION OF ATERWAY ILLAGE IOSTA ROJECT UBLIC HN9,20046:05.. .................................... 12 EARING TO BE HELD ON OVEMBER AT PM 10.A.RESOLUTION 2004-094 - AGREEMENT TO FINANCE ROAD IMPACT FEES (INDIAN RIVER INDUSTRIAL CENTER, INC.) .... 12 10.B.SUNSHINE REHABILITATION CENTER OF INDIAN RIVER COUNTY – LEASE EXTENSION (SUNSHINE PHYSICAL THERAPY CLINIC)................................................................................... 13 AUGUST 24, 2004 3 11.I.1.CARTER ASSOCIATES, INC. - UNMAINTAINED NON-MAINTAINED ROAD STUDY ...................................................... 15 11.J.1.NORTH COUNTY ELEVATED WATER STORAGE TANK SYSTEM WORK ORDER 001 – WCG/NEEL-SCHAFFER INC. ...... 17 11.J.2.CONTINUING CONSULTING SERVICES WORK ORDER – KIMLEY-HORN AND ASSOCIATES, INC. – TRANSFERRING FLOW FROM LIFT STATION #109 TO FORCE MAIN – TH INTERSECTION OF 10 STREET AND INDIAN RIVER BOULEVARD – UCP 2493 ........................................................................ 17 14.A.EMERGENCY SERVICES DISTRICT - NONE ................................... 18 14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 18 1.2004PH–SWDDA ETITION EARING OLID ASTE ISPOSAL ISTRICT SSESSMENT F–12,2004 ....................................................................................... 18 EES OCTOBER 14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 18 AUGUST 24, 2004 4 August 24, 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, August 24, 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; Marian Fell, Assistant County Attorney; Kimberly Massung, Executive Aide and Maria I. Suesz, Deputy Clerk. 1. CALL TO ORDER Chairman Ginn called the meeting to order. 2. INVOCATION Reverend Jack Diehl, Our Savior Lutheran Church, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Kenneth R. Macht led the Pledge of Allegiance to the Flag. AUGUST 24, 2004 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Ginn requested the following changes to today’s Agenda: Add: Item 7.I. Proclamation Celebrating September 9-10, 2004 as “The Grand th Inaugural of the 11 President of the University of Florida” Defer: Item 9.B.2. Public Hearing – Jeannette Ross’ Request to Speak Regarding Water Charge that will be billed while waiting for meter to be installed. Add: Item 9.C.1. Public Notice – Clarification of Waterway Village (DiVosta) Project Public Hearing to be held on November 9, 2004 Additional Item 10.B Sunshine Physical Therapy Clinic History Backup: ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously made the above changes to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS 5.A. PIRCFA,I. RESENTATION BY NDIAN IVER OUNTY AIR SSOCIATION NC VBFFA-2004F AND ERO EACH IRE IGHTERS SSOCIATION IRE FIRCF IGHTERS NDIAN IVER OUNTY AIR Joe Earman, President of the Indian River County Fair Association, in accordance with their agreement with the County for use of the fairgrounds, presented one third of the net th profit from the 2004 Fire Fighters Fair a check totaling $27,040.12. This will be the 25 Fire Fighters Fair and he gave a brief background of past events. AUGUST 24, 2004 2 Toby Turner , General Manager, said last year’s event was one of the best attended and had the best proceeds since 1980. Forty-nine counties in Florida put on a fair and only 20 were chosen for the Blue Ribbon Program. Indian River County received that honor and he displayed the award proudly saying it will be on display at the Fair. The theme for this year will be “Pride in America” and they are using colors of America. Over the ten days of the Fair there will be special offers, entertainment, agriculture and livestock. Joe Earman commented that it is a very prestigious award and as far as they know Indian River County Fair is the only one that is run by Fire Fighters and the proceeds are donated to charitable organizations. 5.B. PRSCU.S.F RESENTATION OF EVENUE HARING HECK FROM ISH WSIRCP AND ILDLIFE ERVICE TO NDIAN IVER OUNTY BY AUL T,RM,PIN RITAIK EFUGE ANAGER ELICAN SLAND ATIONAL WR ILDLIFE EFUGE Paul Tritaik, Refuge Manager, Pelican Island National Wildlife Refuge, presented the annual revenue sharing check (copy on file) in the amount of $77,834.00 to the Board for Fiscal Year 2003 authorized by the Refuge Revenue Sharing Act of 1978. The funds credited to the National Wildlife Refuge Fund are derived from income generated on natural land from the sale of oil and gas revenues, timber products, gravel, grazing receipts and other products. This year the funds represent 47% of the total entitlement. Increase or decrease from last year is due to reappraisals or acquisition of significant lands. 5.C. PDM,IRC RESENTATION BY AVID ERLIN NDIAN IVER OUNTY W EBMASTER David Merlin, Indian River County Webmaster, used a PowerPoint presentation to describe the recent modifications made to enhance the County website “www.ircgov.com”. He briefly went over some of the changes since the beginning of this year such as faster load times, AUGUST 24, 2004 3 new navigational tools, Privacy Policy/Terms of Use (conforms to W3C’s web content accessibility guidelines 1.0 level A), improved aesthetics, search feature (Google based), and more department resources. The resources on the website include the county news and events, weekly meetings schedule, BCC agendas, minutes and video archive, full agenda packets, employment openings, permit information, and downloadable applications and resources for most departments. He reviewed the enhancements to www.irces.com (Emergency Services), www.ircrec.com (Recreation Department), ircutilities.com (Utilities Department), www.ircwaste.com (SWDD) and www.irccdd.com (Community Development Department). It was mentioned that there are additional links to the Constitutional Officers, the School Board and the Cities’ websites. The County Commission meeting is currently broadcast live on the School Board website. Chairman Ginn commended Mr. Merlin for doing a wonderful job with the County and his work is very much appreciated. She mentioned special projects he has accomplished on his own time such as designing colors for the growth taskforce and making nameplates. Dave Merlin graciously acknowledged the compliment saying it was his pleasure. Administrator Joseph Baird made complimentary remarks regarding the improved website which is a great tool for the community, a real resource for county information and cuts down on phone calls. Now they are downloading all the backup information to the meetings and Mr. Merlin has done a beautiful job with the website design. 6. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meetings of July 13 and 20, 2004. There were none. ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously approved the Minutes of the Regular Meetings of July 13 and 20, 2004, as written and distributed. AUGUST 24, 2004 4 7. CONSENT AGENDA Item 7.E. and Item 7.G. were pulled for discussion. 7.A. R EPORTS The following reports have been received and are on file in the Office of the Clerk to the Board: 1. Indian River Mosquito Control District Annual Local Government Financial Report for FY 2002-03 and Financial Statement Audit for FY Ended 09/30/03 7.B AW PPROVAL OF ARRANTS ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for August 6-12, 2004, as requested in the memorandum of August 12, 2004. 7.C. CAWC-AE OUNTY TTORNEY ILL OLLINS DDENDUM TO MPLOYMENT C–S9.S ONTRACT ECTION EVERANCE ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved the addendum of Section 9 Severance to County AUGUST 24, 2004 5 Attorney Will Collins’ Employment Contract, as requested in the memorandum of August 17, 2004. ADDENDUM TO CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.D. EABKE.M’ XECUTIVE IDE TO THE OARD IMBERLY ASSUNGS AECR NNUAL MPLOYMENT ONTRACT ENEWAL ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved the renewal of Executive Aide Kimberly Massung’s employment contract, as written and distributed. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.E. GHOVBVIII,I.–RFP ERO EACH NC EQUEST FOR INAL LAT A–TTS PPROVAL OWNHOMES AT RILLIUM UBDIVISION (CLERK’S NOTE: THIS ITEM WAS HEARD PRIOR TO 7.A. BUT IS PLACED HERE FOR CONTINUITY.) Commissioner Lowther wanted to know where the subdivision was located. th Planning Director Stan Boling clarified the location to be on the west side of 66 th Avenue and north of 26 Street. AUGUST 24, 2004 6 ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, the Board unanimously granted final plat approval for Townhomes at Trillium, as recommended in the memorandum of August 13, 2004. 7.F. CDBG(CDBG)-H OMMUNITY EVELOPMENT LOCK RANT OUSING RBJ.F.MC EHABILITATION IDS TO EYERS ONSTRUCTION -RELJ.,443526A($44,789) TH ESIDENCES OF LISHA OFTON R VENUE RN,453538A($39,161)-D TH AND UBY EWKIRK VENUE EMOLITION BAPE($6,500)-R IDS TO LL HASE NVIRONMENTAL EACH ESIDENCES IMC,423526A,FJ,1845 TH OF DA AE LARK VENUE LORETHA ONES 38P,JB,461634A,S THTH LACE ESSIE ROWN VENUE TEADVAL F200242PGC,4476 ND LEMMING AT LACE AND EORGE HAMBLISS 28A-RHBT TH VENUE EPLACEMENT OME IDS TO URNER CIMC($54,000),M.&M. ONSTRUCTION FOR DA AE LARK R RS JB($52,000),FJ($60,000),M.&M. ESSE ROWN LORETHA ONES R RS SF($60,000),M.&M.GC TEADVAL LEMMING R RS EORGE HAMBLISS ($52,000)-MRCDBGH INOR EVISIONS TO THE OUSING AP SSISTANCE LAN ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously amended the approved CDBG Housing Assistant Plan to revise replacement home cost limits and awarded 2 rehabilitation bids to J. F. Meyers Construction, five AUGUST 24, 2004 7 demolition bids to All Phase Environmental and replacement bids to Turner Construction as defined in the title above and all as recommended in the memorandum of August 18, 2004. 7.G. BA#6088–WMGGP–US ID WARD ATER AIN ARDEN ROVE ROJECT H#1–GGGIE- IGHWAY ARDEN ROVE TO ROVE SLE STATES UU,I. NDERGROUND TILITIES NC (CLERKS NOTE: THIS ITEM WAS HEARD PRIOR TO ITEM 7.A. BUT IS PLACED HERE FOR CONTINUITY.) There was a discussion as to whether Felix Equities of Florida Inc. is associated with Felix Associates, LLC. Assistant Utilities Director Steven Doyle explained Link-net owned Felix Equities of Florida, Inc. and they went bankrupt. One of those owners started up the company Felix Associates, Inc. Commissioner Adams felt that the bid should go to a Florida based local company. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously awarded Bid #6088 to Underground Utilities in the amount of 167,500.00, the second lowest bidder and local company. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AUGUST 24, 2004 8 7.H. R2004-092-WSVSU ESOLUTION EST IDE ILLAS UBDIVISION TILITY E–24S,81T80&81C THSTTHST ASEMENTS TREET ERRACE AND OURTS E82A–PWS–PN. ND AST OF VENUE ETITION ATER ERVICE ROJECT O UCP-2393 ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously adopted Resolution 2004-092 formally accepting solely for public thst utility purposes the dedication of 24 Street, 81 Terrace, stthnd 81 Court and 80 Court, all located east of 82 Avenue, as set forth on the plat of West Side Villas Subdivision. 7.I. PCS9-10,2004“T ROCLAMATION ELEBRATING EPTEMBER AS HE GI11PU TH RAND NAUGURAL OF THE RESIDENT OF THE NIVERSITY F”–D.J.B“B”M OF LORIDA R ERNARD ERNIE ACHEN The Proclamation was entered into the record. 9.A.1. RESOLUTION 2004-093 - WEST SIDE VILLAS PETITION THSTTHST WATER SERVICE – 24 STREET, 81 TERRACE, 80 & 81 ND COURTS, EAST OF 82 AVENUE – COUNTY PROJECT NO. UCP – 2393 (RESOLUTION III – PUBLIC HEARING) (Quasi-Judicial) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AUGUST 24, 2004 9 Dan Chastain, Manager of Assessment Projects of the Utility Department,spoke briefly of when West Side Villas was platted back in the 1970s. It was a time when septic systems were solely used. He said that 71% of the owners are supporting the project. After an informational meeting which displayed the greatest turnout of residents, there were no negative comments. The estimated assessment cost on these lots is in the neighborhood of $300,000. The cost comes to 14 cents per square foot. Commissioner Adams said it was a first time for Mr. Chastain to come to the Board without a negative comment. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. ON MOTION by Commissioner Macht, SECONDED by Commissioner Neuberger, the Board unanimously adopted Resolution 2004-093 confirming the special assessments in connection with water main expansion to West Side Villas thStStth Subdivision (24 Street, 81 Terrace, 81 Court and 80 nd Court, east of 82 Avenue, as recommended in the memorandum of August 13, 2004. 9.B.1. PUBLIC DISCUSSION – BRIAN HEADY’S REQUEST TO DISCUSS QUALITY OF LIFE, TAX BURDEN AND EXPENDITURES OF CURRENT COUNTY RESIDENTS Brian Heady , Vero Beach, said one of the reasons he is running for County Commissioner is because of the Board’s intolerance of citizens. He thought the Board needs to tell the whole truth and all the truth and a lot of times that does not happen. He said it was inappropriate to tell the public if they applaud the Chairman would clear the Chamber, yet when AUGUST 24, 2004 10 the Board applauds it is appropriate. He ridiculed the Board’s use of consultants, but complimented them on their awarding a bid to a local business. NO ACTION REQUIRED OR TAKEN. 9.B.2. PUBLIC DISCUSSION – JEANETTE M. ROSS REQUEST TO DISCUSS WATER CHARGE BILLED WHILE WAITING FOR A METER TO BE INSTALLED Deferred. 9.B.3. PUBLIC DISCUSSION - DIAN GEORGE REQUEST TO DISCUSS ROAD WIDENING PROJECTS Dian George said most of her comments were addressed by Mr. Heady. She expressed concern that Conference Room “B” was too small to hold the joint meeting with St. Lucie County and she wanted to verify the location and time of the meeting. Chairman Ginn stated that the meeting is scheduled at the Richardson Center at the Indian River Community College on Monday, September 20, 2004, from 9:00 a.m. to 11:00 a.m. Commissioner Macht,in response to an earlier statement made by Ms. George that rd residents were not being notified regarding dedications of rights-of-way on 43 Avenue, read a rd letter dated seven years ago to a resident on 43 that proposed the plans to widen that road. Comments were made that the letter after seven years most likely had been forgotten. NO ACTION REQUIRED OR TAKEN AUGUST 24, 2004 11 9.B.4 PUBLIC DISCUSSION – ADRIENNE CUFFE REQUEST TO DISCUSS ROAD WIDENING PROJECTS Mrs. Cuffe was not present. 9.C.1. PUBLIC NOTICE ITEM – CLARIFICATION OF PUBLIC HEARING NOVEMBER 9, 2004 AT 9:05 A.M. 6:05 P.M. 9.C.1.CWV(DV)P LARIFICATION OF ATERWAY ILLAGE IOSTA ROJECT PHN9,20046:05.. UBLIC EARING TO BE HELD ON OVEMBER AT PM The Chairman clarified that the time of the public hearing was incorrectly announced and that it will be publicized for the correct time. 10.A. RESOLUTION 2004-094 - AGREEMENT TO FINANCE ROAD IMPACT FEES (INDIAN RIVER INDUSTRIAL CENTER, INC.) Administrator Baird explained that at the meeting of June 1 2004 the Board authorized staff to give Indian River Industrial Center the opportunity to finance their impact fees at zero percent interest for a six-month period just as they offered to the new Commerce Park at th 98 Avenue. The resolution has been expanded to include financing impact fees not only for roads but also for water and sewer capacity charges. ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board authorized the Chairman to execute the agreement and unanimously adopted Resolution 2004-094 amending Resolution No. 2003-002, to include forbearance of water and sewer capacity charges. AUGUST 24, 2004 12 RECORDED AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 10.B. SUNSHINE REHABILITATION CENTER OF INDIAN RIVER COUNTY – LEASE EXTENSION (SUNSHINE PHYSICAL THERAPY CLINIC) Chris Beals Administrator Baird introduced , President of the Board of Directors for Sunshine Physical Therapy Clinic. Mr. Beals presented his request to extend their current lease that expires in 2020 to 2054. He reviewed the clinic’s history since 1953 and their progress to date (copy of prsentation on file). In order to continue their current level of service to the residents of Indian River County th they must expand their facility at 1708 17 Street, Vero Beach. He was requesting a new lease for the duration of 50 years to ensure that the venture is economically feasible. Administrator Baird was opposed to granting this request because this location is next to a number of ballfields and he thought the County could have potential use of that property in the future. He suggested the Board look into selling the property rather than extending the lease. He continued saying that he has had some inquiries showing an interest in the property by the School Board and by the City of Vero Beach. Commissioner Lowther said he has also been contacted by the City of Vero Beach. There was a brief discussion as to what generated the lease for 50 years back in 1964. It was determined that at the time it appeared to be the logical decision since Sunshine Rehabilitation Center had a use for the property. Commissioner Neuberger could not see selling the property to someone else when the clinic has a use and wants to stay there. AUGUST 24, 2004 13 Commissioner Macht agreed. MOTION WAS MADE by Commissioner Macht, SECONDED BY Commissioner Lowther to deny staff’s recommendation and extend the lease to 2054. Discussion ensued and the Chairman thought the Clinic should consider purchasing the property from the County. She felt that leasing the property at market value or for the selling price would avoid complaints of favoritism and asked Administrator Baird to get an appraisal to determine the market value. Commissioner Macht pointed out the clinic’s distinction is that they care for the indigent. The Chairman CALLED THE QUESTION and the motion failed by a 2-3 vote, Chairman Ginn, Commissioner Lowther and Commissioner Adams opposed. Discussion ensued. ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved delaying the decision for 3-4 weeks to allow the County Administrator to explore all options and dollar values for this property, get an appraisal of the land, and bring this item back to the Board. The Chairman called for a short recess at 10:04 a.m. and reconvened the meeting at 10:13 a.m. with all members present. AUGUST 24, 2004 14 11.I.1. CARTER ASSOCIATES, INC. - UNMAINTAINED NON-MAINTAINED ROAD STUDY Public Works Director Jim Davis’ first order of business was to change the title to read “non-maintained” road study. He used a PowerPoint presentation (copy on file) to display aerials of the mapping and to define the roads in the study. He reviewed the Executive Summary of the study completed by Carter Associates, Inc. (copy on file), including design alternatives with associated costs, funding alternatives and implementation for the Board’s consideration. Commissioner Adams supported the program but was concerned that requiring consent of 100% of residents to donate their rights-of way was almost impossible. She suggested that they set the consent requirement to 66% or some reasonable percentage in order not to kill the program. She believes with the increase in growth in rural areas that the Board needs to establish a program Countywide. Director Davis replied that if the right-of-way donation is not made, then the owners have to be prepared to live with a substandard road or the County could declare the rights-of-way by eminent domain proceedings. Chairman Ginn, Commissioner Neuberger and Commissioner Macht all agreed that they have to go with 100%. They could not rationalize paying for rights-of-ways that are not donated while not paying anything to those residents that agreed to donate the rights-of-way. MOTION WAS MADE by Commissioner Neuberger, SECONDED by Commissioner Lowther for discussion, to approve staff’s recommendation. Discussion continued whereby the Board explored several ideas from stopping construction on unpaved roads to setting up municipal service benefits units (MSBU). AUGUST 24, 2004 15 The Chairman opened the floor to the public and the following people asked to be included in the grading system: st Brian Davis, 9255 141 Avenue, Fellsmere st Gina Nelli, 13280 81 Street, Fellsmere Brian Simpkins , 14800 93rd Street, Fellsmere rd Daniee Jarrett , 10035 143 Street, Fellsmere th Frank De Joia, 11625 Roseland Road, a resident for 25 years who wanted 135 Street paved. Discussion continued whereby Director Davis reviewed his implementation procedures again for the Chairman. Upon Commissioner Adams’ recommendation, Assistant County Attorney Marion Fell clarified that the Board has the ability to set up a MSBU, enlarging the area to reduce the cost. Creating an MSBU taxing district would be on the tax roll of 2005/2006. Chairman Ginn agreed with Commissioner Adams because her suggestion seemed reasonable. th Robert Johnson, 535 39 Court SW, agreed setting up an MSBU was a great idea. th Rodney Tildman , 8456 75 Court, Superintendent of the prime operations of the Fellsmere Water Control District, said back in 1911 when Fellsmere Land Development laid out the district plans sometimes they put the canal dead in the center of the right-of-way. The public would have to understand that there is only 10’ that they could give to the County. Discussion continued. AUGUST 24, 2004 16 The Chairman CALLED THE QUESTION and the motion carried, 5-0. (The Board approved the program and funding of any County share along existing dedicated County roads will be by the Petition Paving accounts, as recommended in the memorandum of August 16, 2004. Commissioner Adams voted in favor of the program although she believes the 100% consent requirement will make the project fail. THE STUDY IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.1. NORTH COUNTY ELEVATED WATER STORAGE TANK SYSTEM WORK ORDER 001 – WCG/NEEL-SCHAFFER INC. ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved the Work Order with WCG/Neel-Schaffer Inc. in the amount of $19,100.00 to evaluate the North County Elevated Water Storage Tank System and authorized the Chairman to execute same, as recommended in the memorandum of August 17, 2004. WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.2. CONTINUING CONSULTING SERVICES WORK ORDER – KIMLEY-HORN AND ASSOCIATES, INC. – TRANSFERRING AUGUST 24, 2004 17 FLOW FROM LIFT STATION #109 TO FORCE MAIN – TH INTERSECTION OF 10 STREET AND INDIAN RIVER BOULEVARD – UCP 2493 ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously authorized design, permitting and bidding of the collection system improvement project, approved the attached Work Order with Kimley-Horn and Associates in the amount of $18,300.00 to design and manage construction of said facility, and authorized the Chairman to execute same, as recommended in the memorandum of August 9, 2004. WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 14.A. EMERGENCY SERVICES DISTRICT - NONE 14.B. SOLID WASTE DISPOSAL DISTRICT 1. 2004PH–SWDD ETITION EARING OLID ASTE ISPOSAL ISTRICT AF–12,2004 SSESSMENT EES OCTOBER The Chairman announced that immediately upon adjournment of the Regular Meeting, the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately and are appended to this document. 14.C. ENVIRONMENTAL CONTROL BOARD - NONE AUGUST 24, 2004 18 ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:24 a.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman Minutes Approved: _________________ BCC/MIS/2004Minutes AUGUST 24, 2004 19