The URL can be used to link to this page

Home My WebLink About09/14/2004 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF SEPTEMBER 14, 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 6.APPROVAL OF MINUTES ........................................................................ 3 7.CONSENT AGENDA ................................................................................... 3 7.A.R .....................................................................................................................3 EPORTS 7.BAW–A13-19,2004 ......................................................4 PPROVAL OF ARRANTS UGUST 7.C.AW–A20-26,2004 ......................................................4 PPROVAL OF ARRANTS UGUST 7.D.2004ENBIO-RC LECTION OF ORTH ARRIER SLAND NGOING EVIEW OMMITTEE CBGVCDJ .............................4 HAIRMAN ILL LYNN AND ICE HAIRMAN AVID AKUBIAK 7.E.S12MRC–CO#1 ECTORS AND ITIGATION EEF ONSTRUCTION HANGE RDER DCP$487,500.00-W&J ECREASING ONTRACT RICE BY ILKINSON ENKINS CC,I.(GA98IR1) .................................5 ONSTRUCTION OMPANY NC RANT GREEMENT SEPTEMBER 14, 2004 1 7.F.AERF(5) UTHORIZATION REGARDING XECUTION AND ECORDATION OF IVE DL-FWKW,S EMOLITION IENS RED ARNER AND ATHERINE ARNER ALLY JE,DCHC,E OHNSON DGECOMBE OROTHY OLLIER AND ARRY OLLIER UGENE T,MW,AD,HD,E ENCIMORE ABEL ILLIAMS RTHUR OUGLAS ENRY OUGLAS DRIS HRMS–ABP ......................5 ARRIS AND OSA AE TROUD ZZIELEAN ROWNING ENDING 7.G.TWCDL.L.C.–FPA–H RADE IND OAST EVELOPMENT INAL LAT PPROVAL IGH HVBPIIS(M&A,I.)........7 AWK OF ERO EACH HASE UBDIVISION OSBY SSOCIATES NC 7.H.R2004-97-FB,PII–CS ESOLUTION ELLSMERE IKEPATH HASE YPRESS TREET MS-LAP(LAP)A– TO YRTLE TREET OCAL GENCY ROGRAM GREEMENT PN.9917 ......................................................................................................7 ROJECT O 7.I.R--WA–41S43A58 STRDTH IGHTOFAY CQUISITION TREET BETWEEN VENUE AND A–PN.0016-CNP(A VENUE ROJECT O OULTAS AND OFI ROPERTY MERICAN AG,I.) ........................................................................................8 CQUISITION ROUP NC 7.J.BA#7003–ABFY2004-05C ID WARD NNUAL ID FOR ISCAL EAR AUSTIC S/U–AUC. ...........................................................8 ODATILITIES LLIED NIVERSAL ORP 7.K.BA#7007–ABFY2004-05C ID WARD NNUAL ID FOR ISCAL EAR ORRUGATED SAP–PWD/R TEEL AND LUMINUM IPE UBLIC ORKS EPARTMENTOAD AND BD–CCPI. ...............................9 RIDGE IVISION ONTECH ONSTRUCTION RODUCTS NC 7.L.DLIS–SAL IVISION OF IBRARY AND NFORMATION ERVICES TATE ID TO IBRARIES GA/A–FY2004-05 .................................. 10 RANT PPLICATIONGREEMENT ISCAL EAR 7.M.RFQ#7018–CGES ONTINUING EOTECHNICAL NGINEERING ERVICES FOR PWD–DBE&T, UBLIC ORKS EPARTMENT UNKELERGER NGINEERING ESTING I.,AMET,I.,CTI-C& NC NGINEERING AND ESTING NC ONSTRUCTION II.A&A,I. ........................................... 10 NSPECTION NC AND RDAMAN SSOCIATES NC 7.N.R2004-098–MBA021 ................. 11 ESOLUTION ISCELLANEOUS UDGET MENDMENT 7.O.GOS–ALC/ RAND AKS UBDIVISION UTHORIZATION OF ETTER OF REDIT ANDOR ECFS–C,N.A.– XTEND ONTRACTS AND INANCIAL ECURITY ITIBANK EO2004-01 .................................................................................. 11 MERGENCY RDER 7.PR2004-099–MBA022– ESOLUTION ISCELLANEOUS UDGET MENDMENT EI ................................................................................................... 12 MERGENCY TEM SEPTEMBER 14, 2004 2 9.A.1.PUBLIC HEARING – JOBAR FARMS – REZONE 78 ACRES TH FROM A-1 TO RS-3 – SW CORNER OF 17 STREET SW AND TH 27 AVENUE(QUASI-JUDICIAL) ......................................................... 12 9.A.2.PUBLIC HEARING – CAMPANELLI OF SEBASTIAN, INC. - REZONE 3.19 ACRES FROM CL TO OCR (QUASI-JUDICIAL) .... 12 9.A.3.PUBLIC HEARING – LLONALD AND VICKIE MIXELL – REZONE 36.5 ACRES FROM A-1 TO RS-3 – SE CORNER OF THRD 74 AVENUE AND 33 STREET (QUASI-JUDICIAL) .................... 12 9.A.4.PUBLIC HEARING – COUNTY INITIATED REQUEST – SMALL SCALE COMPREHENSIVE PLAN FUTURE LAND USE AMENDMENT TO REDESIGNATE 2.5 ACRES FROM PUB TO C/I – REZONE THOSE 2.5 ACRES FROM IG TO CH – 32967 THRD 45 STREET, AT 43 AVENUE (QUASI-JUDICIAL) ...................... 13 9.A.5.PUBLIC HEARING – PROPOSED LAND DEVELOPMENT REGULATION (LDR) AMENDMENT TO SECTION 952.12(1)(H) – COUNTY ACCESS CONTROL (INGRESS LANES – LEFT TURN LANE REQUIREMENTS)_ (LEGISLATIVE) .......................... 13 10.UPDATE ON STATUS OF HURRICANE FRANCES RECOVERY – EMERGENCY ORDERS 2004-01/06 ........................... 13 11.A.1.COMMUNITY DEVELOPMENT – PROPOSED MAIL-OUT BROCHURE AND SITE ELIGIBILITY CRITERIA - CULTURAL HERITAGE LANDS AND AGRICULTURAL LANDS – NOVEMBER 2, 2004 LAND ACQUISITION BOND SEPTEMBER 14, 2004 3 REFERENDUM – LAND ACQUISITION ADVISORY COMMITTEE ............................................................................................. 19 11.I.1.OSLO WEST COMMERICAL PARK – NORTH SIDE OF OSLO RDTH ROAD BETWEEN 43 AVENUE AND 27 AVENUE – DEVELOPER’S AGREEMENT – WILLIAM H. HENSICK AND SONS, INC. .................................................................................................. 20 11.I.2.S. COUNTY PARK - WAIVER OF BIDDING REQUIREMENT FOR PURCHASE OF ONE (1) MOBILE RESTROOM TRAILER – AMERI-CAN ENGINEERING .............................................................. 20 11.I.3FACILITIES MAINTENANCE COMPLEX AMENDMENT NO. 2 TO CONSTRUCTION MANAGER AT RISK AGREEMENT - FINAL PAYMENT (RELEASE OF RETAINAGE) – PROCTOR CONSTRUCTION COMPANY – PROJECT NO. 9820 ....................... 21 11.I.4.AGRICULTURAL EXHIBIT PAVILION AT FAIRGROUNDS/HOBART PARK – AMENDMENT NO. 6 TO DESIGN/BUILD PROFESSIONAL SERVICES CONTRACT AND FINAL PAYMENT (RELEASE OF RETAINAGE) – PCL CONSTRUCTION SERVICES - PROJECT NO 0213 .......................... 21 11.I.5KIMLEY-HORN AND ASSOCIATES, INC. – RELEASE OF TH RETAINAGE – 8 COURT SW/OSLO ROAD DESIGN SURVEY – PROJECT NO. 0403 ................................................................................ 22 11.J.1.NORTH COUNTY R/O INSTALLATION OF BRINE DISCHARGE PIPING BETWEEN BENT PINE RIB SITE AND SEPTEMBER 14, 2004 4 SPILLWAY EROSION PROTECTION STRUCTURE – PROJECT NO. UCP 2208 .......................................................................... 22 13.ACHAIRMAN CAROLINE D. GINN – GROWTH TASK FORCE RECOMMENDATIONS ............................................................................ 23 13.E.COMMISSIONER KENNETH R. MACHT – EMERGENCY OPERATIONS CENTER (EOC) - MOBILE RESTROOMS .............. 23 14.A.EMERGENCY SERVICES DISTRICT - NONE ................................... 23 14.B.SOLID WASTE DISPOSAL DISTRICT - NONE .................................. 23 14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 24 DOCUMENTS MADE PART OF THE RECORD – CITY OF SEBASTIAN ANNEXATIONS – ORDINANCE NO. 0-04-18 REPLACES PREVIOUSLY REPORTED ORDINANCES 0-04-03,0-04-07, 0-04-09, 0-04-11, 0-04-13 ............................................................................. 24 SEPTEMBER 14, 2004 5 September 14, 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, September 14, 2004, at 6:00 p.m. Present were Arthur R. Neuberger, Vice Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Kenneth R. Macht. Chairman Ginn was absent. Also present were Joseph Baird, County Administrator; William G. Collins II, County Attorney; Kimberly Massung, Execute Aide and Maria I. Suesz, Deputy Clerk. 1. CALL TO ORDER Vice Chairman Arthur R. Neuberger called the meeting to order. 2. INVOCATION Public Works Director Jim Davis Reverend Todd Holden, Pioneer Baptist Church delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Vice Chairman Neuberger led the Pledge of Allegiance to the Flag. SEPTEMBER 14, 2004 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Vice Chairman Neuberger requested the following changes to today’s Agenda: Correct: Item 7.I. Disregard pages 80-86 Item 11.A.1. Disregard pages 295-296 Delete: Item 7.O. Grand Oaks Estates Subdivision Letter of Credit Add Item 7.P. Emergency Item - Miscellaneous Budget Amendment 022 Defer: Item 9. A.1 JoBar Farms request to Rezone 78 Acres from A-1 to RS-3 Defer: Item 9.A.2. Campanelli’s request to Rezone 3.19 Acres from CL to OCR Defer: Item 9.A.3. Llonald and Vickie Mixell’s request to Rezone 36.5 Acres from A-1 to RS-3 Defer: Item 9.A.4. County initiated request for Small Scale Comprehensive Plan Future Land Use Amendment to Redesignate 2.5 Acres from PUB to C/I; and to Rezone those 2.5 Acres from IG to CH Defer: Item 9.A.5. Consideration of Proposed Land Development Regulation (LDR) Amendment to Section 952.12(1)(h): County Access Control (Ingress Lanes – Left Turn Lane Requirements) Add: Item 10. Update on status of Hurricane Frances recovery Defer: Item 13.A. Growth Task Force Recommendations ON MOTION by Commissioner Macht, SECONDED by Commissioner Lowther, by a 4-0 vote, Chairman Ginn absent, the Board unanimously made the above changes to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS None. SEPTEMBER 14, 2004 2 6. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the: a.Regular Meeting of August 10, 2004 b.Regular Meeting of August 17, 2004 c.Regular Meeting of August 24, 2004 There were none. ON MOTION by Commissioner Lowther, SECONDED by Commissioner Macht, by a 4-0 vote, Chairman Ginn absent, the Board unanimously approved the Minutes of the above listed Regular Meetings, as written and distributed. 7. CONSENT AGENDA Item 7.F. was pulled for discussion. 7.A. R EPORTS The following report has been received and is on file in the office of the Clerk to the Board: 1. Vero Lakes Water Control District – Notice of Regular Meeting on September 15, 2004 and General Fund Budget for year ended September 30, 2005. SEPTEMBER 14, 2004 3 7.B AW–A13-19,2004 PPROVAL OF ARRANTS UGUST ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, by a 4-0 vote, Chairman Ginn absent, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for August 13-19, 2004, as requested. 7.C. AW–A20-26,2004 PPROVAL OF ARRANTS UGUST ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, by a 4-0 vote, Chairman Ginn absent, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for August 20-26, 2004, as requested. 7.D. 2004ENBIO-R LECTION OF ORTH ARRIER SLAND NGOING EVIEW CCBGVCD OMMITTEE HAIRMAN ILL LYNN AND ICE HAIRMAN AVID J AKUBIAK The Board noted the election for the record. SEPTEMBER 14, 2004 4 7.E. S12MRC–C ECTORS AND ITIGATION EEF ONSTRUCTION HANGE O#1DCP$487,500.00- RDER ECREASING ONTRACT RICE BY W&JCC,I.(G ILKINSON ENKINS ONSTRUCTION OMPANY NC RANT A98IR1) GREEMENT ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, by a 4-0 vote, Chairman Ginn absent, the Board unanimously approved Change Order #1, as recommended in the memorandum of August 23, 2004. CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.F. AER UTHORIZATION REGARDING XECUTION AND ECORDATION OF F(5)DL-FWK IVE EMOLITION IENS RED ARNER AND ATHERINE W,SJE,DC ARNER ALLY OHNSON DGECOMBE OROTHY OLLIER AND HC,ET,MW, ARRY OLLIER UGENE ENCIMORE ABEL ILLIAMS AD,HD,EHR RTHUR OUGLAS ENRY OUGLAS DRIS ARRIS AND OSA MS–ABP AE TROUD ZZIELEAN ROWNING ENDING (CLERK’S NOTE: THIS ITEM WAS DISCUSSED PRIOR TO ITEM 7.A., BUT IS PLACED HERE FOR CONTINUITY.) th Azzielean D. Browning , 814 9 St SW, had removed the condemned structure on her property herself. There was less than a truckload of debris for the demolition crew to remove from inside the house. She was upset that now she is being charged over $3,000 for debris removal. SEPTEMBER 14, 2004 5 County Administrator Joseph Baird said they had pictures and believed that there may have been part of the structure that the demolition crew had to removed. Attorney William G. Collins explained the process of notice given two years ago to the property owners to pull a repair permit or demolition permit and said at that time Mrs. Browning applied but did not qualify for a SHIP loan because she owned other property. The Board approved for her to do the work herself. He was told there never was a demolition permit pulled. The rubble that was there may be what the demolition crew removed. Her lien was less than the others and Attorney Collins guessed that may be because the contractor had to do less work, but he still had to take away the structure and dispose of it at the Landfill. Mrs. Browning said she used Treasure Coast Refuse and she has receipts for the dumpster used for the debris. The demolition crew removed the carpet and a shed that her brother wanted. Community Development Director Bob Keating said he wanted to review the situation further and report back to the board. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, by a 4-0 vote, Chairman Ginn absent, the Board unanimously authorized the Chairman to execute each such lien, and for the Clerk to the Board to return same to the County Attorney’s Office for recordation in the Public Records of Indian River County, excluding the Azzielean D. Browning lien pending further information. RECORDED LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD SEPTEMBER 14, 2004 6 7.G. TWCDL.L.C.–FP RADE IND OAST EVELOPMENT INAL LAT A–HHVBPIIS PPROVAL IGH AWK OF ERO EACH HASE UBDIVISION (M&A,I.) OSBY SSOCIATES NC ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, by a 4-0 vote, Chairman Ginn absent, the Board unanimously granted final plat approval for High Hawk of Vero Beach, Phase II, and authorized the Chairman to sign the Contract for Construction of Sidewalk Improvements and the Cash Deposit and Escrow Agreement, as recommended in the memorandum of August 27, 2004. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.H. R2004-97-FB,PII– ESOLUTION ELLSMERE IKEPATH HASE CSMS-LAP YPRESS TREET TO YRTLE TREET OCAL GENCY ROGRAM (LAP)A–PN.9917 GREEMENT ROJECT O ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, by a 4-0 vote, Chairman Ginn absent, the Board unanimously adopted Resolution 2004-097, authorizing execution of a Local Agency Program Agreement for the Fellsmere Road (CR 512) bike path/sidewalk, between Myrtle Street and Cypress Street, SEPTEMBER 14, 2004 7 with the State of Florida Department of Transportation, and providing for an effective date. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.I. R--WA–41S43 STRD IGHTOFAY CQUISITION TREET BETWEEN A58A–PN.0016-C TH VENUE AND VENUE ROJECT O OULTAS AND NP(AAG,I.) OFI ROPERTY MERICAN CQUISITION ROUP NC ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, by a 4-0 vote, Chairman Ginn absent, the Board unanimously accepted Alternative No. 1, approving the $33,000.00 purchase and authorized the Chairman to execute the agreement to purchase and sell real estate, as recommended in the memorandum of August 20, 2004. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.J. BA#7003–ABFY2004-05 ID WARD NNUAL ID FOR ISCAL EAR CS/U–AUC. AUSTIC ODATILITIES LLIED NIVERSAL ORP ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, by a 4-0 vote, Chairman Ginn absent, the Board unanimously awarded Bid #7003 to SEPTEMBER 14, 2004 8 Allied Universal Corp. in the amount of $46,200.00 as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid, approved establishing an Open End Contract for the period of October 1, 2004 through September 30, 2005, and authorized the Purchasing Manager to renew this contract for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, bidder acceptance and the determination that renewal of this annual contract is in the best interest of Indian River County, as recommended in the memorandum of August 25, 2004. 7.K. BA#7007–ABFY2004-05 ID WARD NNUAL ID FOR ISCAL EAR CSAP–PW ORRUGATED TEEL AND LUMINUM IPE UBLIC ORKS D/RBD–C EPARTMENTOAD AND RIDGE IVISION ONTECH CPI. ONSTRUCTION RODUCTS NC ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, by a 4-0 vote, Chairman Ginn absent, the Board unanimously awarded Bid #7007 to Contech Construction Products Inc. in the amount of $100,100.00 as the lowest, most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid, approved establishing an Open End Contract for the period of October 1, 2004 through September 30, 2005, and authorized the Purchasing SEPTEMBER 14, 2004 9 Manager to renew this contract for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, vendor acceptance and the determination that renewal of this annual contract is in the best interest of the County, as recommended in the memorandum of August 25, 2004. 7.L. DLIS–SA IVISION OF IBRARY AND NFORMATION ERVICES TATE ID LGA/A–FY TO IBRARIES RANT PPLICATIONGREEMENT ISCAL EAR 2004-05 ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, by a 4-0 vote, Chairman Ginn absent, the Board unanimously authorized the Chairman to sign the Agreements and return to the Library Services Director to be forwarded to the appropriate State Library staff, as requested in the memorandum of August 30, 2004. COPY OF GRANT AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.M. RFQ#7018–CGE ONTINUING EOTECHNICAL NGINEERING SPWD–DB ERVICES FOR UBLIC ORKS EPARTMENT UNKELERGER E&T,I.,AMET, NGINEERING ESTING NC NGINEERING AND ESTING I.,CTI-C&II.A& NC ONSTRUCTION NSPECTION NC AND RDAMAN A,I. SSOCIATES NC SEPTEMBER 14, 2004 10 ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, by a 4-0 vote, Chairman Ginn absent, the Board unanimously authorized staff to proceed with negotiations for a one (1) year contract for continuing services for Public Works projects with the above-referenced firms, and allowed for a three (3) year contract renewal for a total of four (4) years, as recommended in the memorandum of August 31, 2004. 7.N. R2004-098–MBA ESOLUTION ISCELLANEOUS UDGET MENDMENT 021 ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, by a 4-0 vote, Chairman Ginn absent, the Board unanimously adopted Resolution 2004-098 amending the Fiscal Year 2003/04 Budget. 7.O. GOS–AL RAND AKS UBDIVISION UTHORIZATION OF ETTER OF C/ECFS– REDIT ANDOR XTEND ONTRACTS AND INANCIAL ECURITY C,N.A.–EO2004-01 ITIBANK MERGENCY RDER Deleted. SEPTEMBER 14, 2004 11 7.P R2004-099–MBA ESOLUTION ISCELLANEOUS UDGET MENDMENT 022–EI MERGENCY TEM ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, by a 4-0 vote, Chairman Ginn absent, the Board unanimously adopted Resolution 2004-099 amending the Fiscal Year 2003-2004 Budget. 9.A.1. PUBLIC HEARING – JOBAR FARMS – REZONE 78 ACRES TH FROM A-1 TO RS-3 – SW CORNER OF 17 STREET SW AND TH 27 AVENUE(Quasi-Judicial) (CLERK’S NOTE: ALL PUBLIC HEARINGS FOR THIS MEETING WERE DEFERRED ONE WEEK DUE TO THE INABILITY TO PUBLISH NOTICES ACCORDING TO THE STATE STATUTORY REQUIREMENTS BECAUSE OF HURRICANE FRANCES.) Deferred. 9.A.2. PUBLIC HEARING – CAMPANELLI OF SEBASTIAN, INC. - REZONE 3.19 ACRES FROM CL TO OCR (Quasi-Judicial) Deferred. 9.A.3. PUBLIC HEARING – LLONALD AND VICKIE MIXELL – REZONE 36.5 ACRES FROM A-1 TO RS-3 – SE CORNER OF THRD 74 AVENUE AND 33 STREET (Quasi-Judicial) Deferred. SEPTEMBER 14, 2004 12 9.A.4. PUBLIC HEARING – COUNTY INITIATED REQUEST – SMALL SCALE COMPREHENSIVE PLAN FUTURE LAND USE AMENDMENT TO REDESIGNATE 2.5 ACRES FROM PUB TO C/I – REZONE THOSE 2.5 ACRES FROM IG TO CH – THRD 32967 45 STREET, AT 43 AVENUE (Quasi-Judicial) Deferred. 9.A.5. PUBLIC HEARING – PROPOSED LAND DEVELOPMENT REGULATION (LDR) AMENDMENT TO SECTION 952.12(1)(h) – COUNTY ACCESS CONTROL (INGRESS LANES – LEFT TURN LANE REQUIREMENTS)_ (Legislative) Deferred. 10. UPDATE ON STATUS OF HURRICANE FRANCES RECOVERY – EMERGENCY ORDERS 2004-01/06 Administrator Baird made one negative comment towards Florida Power and Light Company’s management as being very disorganized. They were 3 to 5 days late in deployment to our county. On a positive note 79% to 80 % of the people in the county have had their power restored as of today. The original projected completion date of restored power has now been cut by three days. There are 174 traffic lights functioning today and most facilities have reopened. The debris cleanup is going well and he has authorized staff to clean up private streets with their own crews. The estimated cost of debris cleanup alone is 21 million dollars. Two fire stations were lost and the purchasing building was damaged. The 9-l-l center went out during the storm and was back in service in less than 24 hours. SEPTEMBER 14, 2004 13 Emergency Management Coordinator Nathan McCollum said the economic estimated damage is $850,000,000 which includes agriculture, businesses, residential and beach damage. The preliminary public assistance damage to homes with major damage is 684 homes, moderate damage is 1500 and that figure keeps changing and mobile home damage is 250. There were no fatalities during the storm. There were two deaths that occurred during recovery that were caused by carbon monoxide poisoning. The curfew midnight to 6:00 a.m. still remains in effect until September 20th due to the traffic light situation. There was severe structural damage on the barrier island. Mr. McCollum gave an update on the storms Ivan and Jeanne. Commissioner Macht commented that as he went around town everybody he has talked to has said that the best, most dependable, and most comprehensive information that they got during the storm was from Mr. McCollum, who was applauded. Helene Castletine , Economic Development Council Director with the Indian River County Chamber of Commerce, has scheduled a Small Business Disaster Assistance rd Workshop, Friday from 9:30 a.m. to 11:30 a.m. at the Gifford Youth Activity Center, 4875 43 Avenue, at no cost to the public. Representatives will be available from the U.S. Small Business Administration who offer up to 1.5 million dollars in loans to businesses who have suffered losses during Hurricane Francis. These loans cover not only structural damage but also economic injury. Governor Bush has made available the Florida Emergency Bridge Loans for Small Businesses. They are short-term zero interest loans that bridge the gap from the time the storm hits to the time of getting an insurance check. A representative from Enterprise Florida will be talking about that program. A representative from the agency for Workforce Innovation will cover information about employees that have been displaced. They can apply for disaster unemployment insurance. She encouraged all businesses to attend. Commissioner Adams expressed deep concern for the impact to both unemployment and small businesses. She asked the Board to consider waiving the building permit requirement for immediate hurricane repairs and to allow damaged businesses to operate out of their homes or in a temporary structure. SEPTEMBER 14, 2004 14 Vice Chairman Neuberger was very willing to do that if the mechanics can be worked out. Administrator Baird said the Building Department has been open 7 days a week and he gave the Board an Emergency Order 2004-04 which he signed to allow temporary commercial structures. Discussion continued regarding issuing temporary field permits for up to 30 days. ON MOTION by Commissioner Macht, SECONDED by Commissioner Lowther, by a 4-0 vote, Chairman Ginn absent, the Board unanimously approved withholding building fees for storm related repairs for a period of 30 days and to refund monies to those who have already paid. CONSENSUS WAS REACHED by Emergency Order to allow small businesses to conduct business out of their homes for a period up to six months if they have had a storm related relocation, limiting this to professional offices only. Discussion continued and Director Keating stated that Emergency Order 2004-04 handed out before the meeting related to approval of temporary structures for storm recovery and to delegate approval authority to the Community Director or his designee effective September 14 and ending November 10, 2004. Attorney Collins explained the state law under a statewide emergency situation and the requirements for issuing Emergency Orders. He then reviewed the existing Emergency Orders issued to date. He told the Board that the Department of Revenue extended up to 60 days the time SEPTEMBER 14, 2004 15 for filing Value Adjustment Board (VAB) petitions, the budget hearings and millage rates, but he thought everybody’s intent is not to use the entire 60 days if we could get it done before that time because they want the tax revenue to come in as soon as possible. Mr. Nolte has agreed to delay the petition deadlines by one day for every day that we are closed due to the disaster. Administrator Baird heard that the state is looking at extending the due date for ad valorem taxes and he will try to get that information to the Board. Lonnie Powell 1565 Venice Lane, Sebastian, manages the ICM Citrus Packing House which has suffered a lost of 80% or better and he asked if he could use his property as a wholesale nursery. Director Keating responded positively and asked Mr. Powell to see the Planner of the day. Discussion ensued regarding the number of people who still remain without power and Commissioner Adams believed there were more people without power than mentioned. She expressed her gratefulness to all those who came from out of state and out of county to work. Sean Smith, The Board expressed their appreciation to owner of Super Dip Café who fed everybody in the emergency operations center during the Hurricane and Rene Renzi , 304 Waverly Place, considers herself a former volunteer of the American Red Cross after spending five days at the Sebastian River Middle School during Hurricane Frances. She voiced several complaints against the American Red Cross because they fell short of their responsibilities in establishing the school as a shelter. The box of flashlights provided did not work and they could not flush the toilets once the water was shut off. Many people had diarrhea and were vomiting. She described the deteriorating situation as each day passed that the evacuees had to face. She criticized the Sheriff’s deputies for their abusive mannerism and the firemen and emergency management technicians for their lack of assistance. SEPTEMBER 14, 2004 16 She believed the young women who volunteered to clean out the plugged up toilets by hand deserved recognition for the job they did. Vice Chairman Neuberger advised her to get some petitions together because she mentioned a number of complaints. Commissioner Adams stressed the important factor that there was no loss of life from the storm. People who go to the shelters need to bring their own supplies. Unfortunately in this case they had to stay there a long time. She believed there are two sides to every story and she knew the Red Cross had done a very good job. Commissioner Lowther said there would be a meeting to go through the process of what went wrong and what needs to be done better. th James Stanford, 1410 4 Court, said he was one of 600 families that had extreme damage to their home and expressed his concerned for his neighbors who have no place to live. He was advised to have them contact Federal Emergency Management Association (FEMA) for assistance. Travel homes are being provided through the insurance companies that have agreed to pay the rent. Many of the issues he brought up are addressed on the county website. Nathan McCollum commented that the shelters should be treated as a last resort. There are over 10,000 people in our county that would need shelter from a category 5 hurricane and there are only two schools in the county that are rated as a shelter under those conditions. He stressed that people need to evacuate. Coastal Resource Manager Jonathan Gorham said he placed a 15 page report with pictures on the county website for easy access to the damage to the coastal areas and said it will take a long time to recover. Discussion continued regarding the cleanup of debris and Landfill charges. Administrator Baird said the service contractors are charging rates that include SEPTEMBER 14, 2004 17 dumping fees but some contractors are complaining because so much time is spent in line at the dump. There still is a lot of construction work going on and Mr. Baird felt they should continued charging dumping fees for construction. However, if someone drives up in their personal vehicle they will not be charged a fee. He said he is using county employees to pick up the debris from private roads. Beth Mitchell from the Sebastian Chamber of Commerce had been receiving a number of calls about FEMA and felt the people needed to talk to someone in person rather than on the telephone phone. Mr. McCollum explained the procedure and importance of calling the 800 number before going to a Disaster Relief Center. The Main Library and North County Library are the two facilities where FEMA will be set up as of Thursday, September 16, 2004. Ray Coniglio, Sebastian City Vice Mayor 941 Carnation, Sebastian, was concerned that communication and information during the storm kept dwindling and felt there was a lot of misinformation. He felt a radio station that continually runs the updated information for our County was needed. He was informed that the Christian radio station 91.9 played portions of the press conferences and repeated it every hour on the hour until the next update. Other sources are QCS or the government channel. Public Works Director Jim Davis, asked people not to throw debris in the drainage system. We lost 178 traffic signals during the storm and they recovered 137. The crews are doing a good job put they are putting them up with duct tape and chewing gum so he cautioned people to be very careful. Vice Chairman Neuberger thanked everyone for their hard work. THE FOLLOWING ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD: EMERGENCY ORDER 2004-01 – LETTER OF CREDIT EMERGENCY ORDER 2004-02 – CURFEW EMERGENCY ORDER 2004-03 – OCCUPATIONAL LICENSES SEPTEMBER 14, 2004 18 EMERGENCY ORDER 2004-04 – TEMPORARY STRUCTURES FOR STORM RECOVERY EMERGENCY ORDER 2004-05 – WAIVER OF PERMITS FOR STORM RELATED REPAIRS EMERGENCY ORDER 2004-06 – TERMINATING THE CURFEW 11.A.1. COMMUNITY DEVELOPMENT – PROPOSED MAIL-OUT BROCHURE AND SITE ELIGIBILITY CRITERIA - CULTURAL HERITAGE LANDS AND AGRICULTURAL LANDS – NOVEMBER 2, 2004 LAND ACQUISITION BOND REFERENDUM – LAND ACQUISITION ADVISORY COMMITTEE Environmental and Code Enforcement Chief Roland DeBlois presented a draft of the LAAC brochure (copy on file) and site eligibility criteria proposed to go before the voters in the November election for the Board’s approval. ON MOTION by Commissioner Macht, SECONDED by Commissioner Lowther, by a 4-0 vote, Chairman Ginn absent, the Board unanimously approved the informational brochure and authorized staff to amend the Environmental Lands Program Guide to include the site eligibility criteria for cultural heritage lands (historic sites) and agricultural lands, as recommended in the memorandum dated August 31, 2004. COPY IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD SEPTEMBER 14, 2004 19 11.I.1. OSLO WEST COMMERICAL PARK – NORTH SIDE OF OSLO RDTH ROAD BETWEEN 43 AVENUE AND 27 AVENUE – DEVELOPER’S AGREEMENT – WILLIAM H. HENSICK AND SONS, INC. ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, by a 4-0 vote, Chairman Ginn absent, the Board unanimously approved Alternative 1 to execute the Developer’s Agreement, as recommended in the memorandum of August 27, 2004. AGREEMENT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 11.I.2. S. COUNTY PARK - WAIVER OF BIDDING REQUIREMENT FOR PURCHASE OF ONE (1) MOBILE RESTROOM TRAILER – AMERI-CAN ENGINEERING ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, by a 4-0 vote, Chairman Ginn absent, the Board unanimously waived the formal bid process for the purchase of a mobile restroom trailer, authorized the Purchasing Office to issue a purchase order to Ameri-Can Engineering in the amount of $35,063.50, and authorized the issuance of a deposit check in the amount of $17,531.35 required to accompany the purchase SEPTEMBER 14, 2004 20 order, as recommended in the memorandum of August 18, 2004. 11.I.3 FACILITIES MAINTENANCE COMPLEX AMENDMENT NO. 2 TO CONSTRUCTION MANAGER AT RISK AGREEMENT - FINAL PAYMENT (RELEASE OF RETAINAGE) – PROCTOR CONSTRUCTION COMPANY – PROJECT NO. 9820 ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, by a 4-0 vote, Chairman Ginn absent, the Board unanimously approved Amendment No. 2 for a reduction in the Guaranteed Maximum Price (GMP) of $31,459.60 and authorized a final payment in the amount of $23,086.14. AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.4. AGRICULTURAL EXHIBIT PAVILION AT FAIRGROUNDS/HOBART PARK – AMENDMENT NO. 6 TO DESIGN/BUILD PROFESSIONAL SERVICES CONTRACT AND FINAL PAYMENT (RELEASE OF RETAINAGE) – PCL CONSTRUCTION SERVICES - PROJECT NO 0213 ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, by a 4-0 vote, Chairman Ginn SEPTEMBER 14, 2004 21 absent, the Board unanimously approved Amendment No. 6 and authorized final payment in the amount of $49,231.30, as recommended in the memorandum of August 19, 2004. AMENDMENT NO. 6 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.5 KIMLEY-HORN AND ASSOCIATES, INC. – RELEASE OF TH RETAINAGE – 8 COURT SW/OSLO ROAD DESIGN SURVEY – PROJECT NO. 0403 ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, by a 4-0 vote, Chairman Ginn absent, the Board unanimously approved releasing retainage in the amount of $1,600.00, as recommended in the memorandum of August 18, 2004. DEVELOPER’S AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.1. NORTH COUNTY R/O INSTALLATION OF BRINE DISCHARGE PIPING BETWEEN BENT PINE RIB SITE AND SEPTEMBER 14, 2004 22 SPILLWAY EROSION PROTECTION STRUCTURE – PROJECT NO. UCP 2208 ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, by a 4-0 vote, Chairman Ginn absent, the Board unanimously approved design service for the above referenced project and authorized the Utilities Department to proceed with receiving bids for the project, as presented in memorandum of August 18, 2004. 13.A CHAIRMAN CAROLINE D. GINN – GROWTH TASK FORCE RECOMMENDATIONS Deferred. 13.E. COMMISSIONER KENNETH R. MACHT – EMERGENCY OPERATIONS CENTER (EOC) - MOBILE RESTROOMS Commissioner Macht suggested that Administrator Baird look into providing mobile restrooms for the Emergency Operations Center to allow people some sort of relief during a storm. 14.A. EMERGENCY SERVICES DISTRICT - NONE None. 14.B. SOLID WASTE DISPOSAL DISTRICT - NONE None. SEPTEMBER 14, 2004 23 14.C. ENVIRONMENTAL CONTROL BOARD - NONE None. DOCUMENTS MADE PART OF THE RECORD – CITY OF SEBASTIAN ANNEXATIONS – ORDINANCE NO. 0-04-18 REPLACES PREVIOUSLY REPORTED ORDINANCES 0-04-03,0-04-07, 0-04-09, 0-04-11, 0-04-13 Ordinance No. 0-04-03 – Ashbury Parcel, Ordinance No. 0-04-07 - Cross Creek Parcel, Ordinance No. 0-04-09 – Spencer Parcel, Ordinance No. 0-04-11 - Sebastian Crossings Parcel “B,” Ordinance No. 0-04-13, River Oaks Preserve Parcel 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 7:43 p.m. SEPTEMBER 14, 2004 24 ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Arthur R. Neuberger, Vice Chairman Minutes Approved: October 19, 2004 BCC/MIS/2004Minutes SEPTEMBER 14, 2004 25