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Home My WebLink About09/21/2004 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF SEPTEMBER 21, 2004 1.CALL TO ORDER........................................................................................ 1 2.INVOCATION ............................................................................................... 1 3.PLEDGE OF ALLEGIANCE...................................................................... 1 4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ............................................................................................................ 1 6.APPROVAL OF MINUTES ........................................................................ 2 7.CONSENT AGENDA ................................................................................... 2 7.A.AW ...........................................................................................2 PPROVAL OF ARRANTS 7.B.TCCW.S–ETRP AX OLLECTOR HARLES EMBLER XTENSION OF AX OLL RIOR TO CVABH .........................3 THE OMPLETION OF THE ALUE DJUSTMENT OARD EARINGS 7.C.AGSMPOBAC(M PPOINTMENT OF EORGE IPP TO THE ETROPOLITAN POBAC)–R LANNING RGANIZATION IKEPATH DVISORY OMMITTEE EPLACES DJ .........................................................................................................3 AVID AKUBIAK 7.D.RN.2004-100–MBA023.............3 ESOLUTION O ISCELLANEOUS UDGET MENDMENT 7.E.PWARS–A ETITION FROM ABASSO REA ESIDENTS FOR TREETLIGHTS DVERTISE PHAM.S.B.U.(MS FOR UBLIC EARING UTHORIZED FOR UNICIPAL ERVICE BU)F .........................................................................................4 ENEFIT NITS UNDING September 21, 2004 1 7.F.AAR--WA–SEC PPRAISAL UTHORIZATION FOR IGHTOFAY CQUISTION ORNER 58A41S–BMC–409658 THSTTH VENUE AT TREET RIAN AND ICHELE HESSER A .......................................................................................................................4 VENUE 7.G.CBMP(BMP)–FD ITRUS EST ANAGEMENT RACTICES LORIDA EPARTMENT OF ACS(FDACS)#006800CS GRICULTURE AND ONSUMER ERVICES OST HARE C:FY2004-2005ASSA– ONTRACT PPLICANT CORE UMMARY MENDMENT WFC(RG,I.,F ITHDRAWAL OF OUR OOPERATORS YALL ROVES NC LORIDA RCAS,I.,SA,I., ESEARCH ENTER FOR GRICULTURAL USTAINABILITY NC UN G NC BA.S,I.)–AN--L AND YNUM G ERVICES NC CCEPTANCE OF EXTONIST C(HGEC) .........................................5 OOPERATORS AMMOND ROVES AND STES ITRUS 7.H.CBMP(BMP)–S.JRW ITRUS EST ANAGEMENT RACTICES T OHNS IVER ATER MD(SJRWMD)–CA–C ANAGEMENT ISTRICT ONTRACT MENDMENT OST SA#SG469AA ................................................................................6 HARE GREEMENT 7.I.FDACS–DF–AFRFY2003-2004 ............6 IVISION OF ORESTRY NNUAL IRE EPORT 7.J.RN.2004-101–WP25PD– ESOLUTION O INDSOR LAT LANNED EVELOPMENT WP-CCR INDSOR ROPERTIES ONTRACT FOR OMPLETION OF EMAINING RI-ACI EQUIRED MPROVEMENTS UTHORIZATION TO ALL RREVOCABLE SLCNSM203748W–S-M TANDBY ETTER OF REDIT UMBER IXONTH E..................................................................................................................6 XTENSION 9.B.1.PUBLIC DISCUSSION ITEM – BRIAN HEADY – ACTIONS WHICH INFLUENCE POLICY AFFECTING CITIZEN TAXPAYERS – REQUEST FOR NO CUTOFF OF WATER AND SEWER UTILITIES AFTER HURRICANE FRANCES ....................... 7 9.B.2.PUBLIC DISCUSSION ITEM – KAREN LETTS – REQUEST FOR REMOVAL OF DANGEROUS DOG LABEL IMPOSED ON HER DOGS, MAX AND HANNAH ........................................................... 9 9.C.1.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON OCTOBER 5, 2004 .......................................................... 10 September 21, 2004 2 A.C:RRA3.19ALE AMPANELLI EQUEST TO EZONE PPROXIMATELY CRES OCATED US1A1500FN87SCL TH OF AND PPROXIMATELY EET OF TREET FROM TO OCR.MS,O.KHA,A ARIAN TOUGH WNER IMLEY ORN AND SSOCIATES GENT (Q-J) .................................................................................................... 10 UASIUDICIAL B.M.Z:RR2.5ALSW T ION EQUEST TO EDESIGNATE CRES OCATED AT THE C43A45SPUBC/IR RDTH ORNER OF VENUE AND TREET FROM TO AND TO EZONE LIGCH(Q-J) ..................................................... 10 THAT AND FROM TO UASIUDICIAL C.JBF:RR+/-78ALSW OAR ARMS EQUEST TO EZONE CRES OCATED AT THE C27A17SSWA-1RS-3.JB THTH ORNER OF VENUE AND TREET FROM TO OAR F,O-SH,I.A(Q-J) ....................... 11 ARMS WNER HELBY OMES NC GENT UASIUDICIAL D.M:RR+/-36.5ALSEC IXELL EQUEST TO EZONE CRES OCATED AT THE ORNER 74A33SA-1RS-3.LE.M THRD OF VENUE AND TREET FROM TO LONALD IXELL TVL.MT(Q-J) ................................ 11 RUSTEE AND IKKI IXELL RUSTEE UASIUDICIAL 9.C.2.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON OCTOBER 19, 2004 ........................................................ 11 A.PC:RR+/-77.43AL REMIER ITRUS EQUEST TO EZONE CRES OCATED AT THE NWC82A4SA-1RS-3.-P NDTH ORNER OF VENUE AND TREET FROM TO REMIER C,O-S,B&SLLC,A ITRUS WNER CHULKE ITTLE TODDARD GENT (Q-J) .................................................................................................... 11 UASIUDICIAL B.IRI:RR40.18AL NDIAN IVER NVESTMENTS EQUEST TO EZONE CRES OCATED AT 98SA1950’WUS1RMH-8RM-6.– TH TREET AND PPROXIMATELY OF FROM TO IRICF,I.,O–S, NDIAN IVER NVESTMENTS OF ENTRAL LORIDA NC WNER CHULKE B&SLLC,A.(Q-J).......................................... 11 ITTLE TODDARD GENT UASIUDICIAL C.L:RR+/-20.48LSEC IER EQUEST TO EZONE ACRES OCATED AT THE ORNER OF WC(CR510)IRL THE ABASSO AUSEWAY AND THE NDIAN IVER AGOON FROM A-1RS-63.4AA-1CON-2-JM.L TO AND CRES FROM TO EANNETTE IER T,O–BB,A(Q-J) ............................. 12 RUST WNER RUCE ARKETT GENT UASIUDICIAL 11.B.1.EMERGENCY SERVICES – RENEWAL OF 800 MHZ (9-1-1) COMMUNICATIONS SYSTEM INFRASTRUCTURE September 21, 2004 3 MAINTENANCE CONTRACT WITH COMMUNICATIONS INTERNATIONAL, INC. .......................................................................... 12 11.B.2.EMERGENCY SERVICES – RESOLUTION NO. 2004-102 – RE-AUTHORIZATION OF THE IMPOSITION OF 9-1-1 FEE ......... 13 11.I.1.PUBLIC WORKS - NRCS EWP (NATURAL RESOURCES CONSERVATION SERVICES’ EMERGENCY WATERSHED PROTECTION) ASSISTANCE RELATED TO HURRICANE FRANCES .................................................................................................... 14 11.I.2.PUBLIC WORKS - OSLO ROAD BRIDGE REPLACEMENT AND ROADWAY WIDENING – KIMLEY HORN, INC. – ENGINEERING SERVICES AMENDMENT NO. 4............................. 14 11.I.3.PUBLIC WORKS – REQUEST OF BRIAN DAVIS FOR TH COUNTY TO APPROVE AND MAINTAIN 84 AVENUE SOUTH OF CR 510 (2 MILES) ................................................................. 15 11.J.1.UTILITIES SERVICES – RESOLUTION NOS. 2004-103 AND 2004-104 – GREENLEAF SUBDIVISION PETITION WATER THTH SERVICE – 55 COURT SOUTH OF 13 STREET SW IRC PROJECT NO. UCP-2414 – RESOLUTIONS I AND II ....................... 16 11.J.2.UTILITIES SERVICES – SOUTH COUNTY WATER PLANT – WELL-FIELD REHABILITATION PROJECT, PHASE II, CHANGE ORDER #2 TO WELL CONTRACTOR - LAYNE CHRISTENSEN COMPANY .................................................................... 17 September 21, 2004 4 11.J.3.UTILITIES SERVICES – SOUTH COUNTY WATER PLANT – REQUEST FOR ADDITIONAL PROFESSIONAL SERVICES – KIMLEY-HORN & ASSOCIATES, INC. – CLEARWELL & YARD PIPING PROJECT – WORK ORDER NO. 3 ............................ 17 11.J.4.UTILITIES SERVICES – NORTH AND SOUTH COUNTY REVERSE OSMOSIS PLANTS – WELL HYDROLOGY MODELING AND WELLFIELD EXPANSIONS – POST BUCKLEY SCHUH & JERNIGAN (PBS&J) – WORK ORDER NO. 2 ............................................................................................................. 18 13.E.COMMISSIONER MACHT –HOUSING NEEDS FOLLOWING HURRICANE FRANCES – UNITED WAY – HUMAN SERVICES DEPARTMENT – DAMAGE TO CITRUS INDUSTRY - BELLSOUTH .............................................................................................. 18 14.A.EMERGENCY SERVICES DISTRICT .................................................. 21 14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 21 14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 21 September 21, 2004 5 September 21, 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 21, 2004, at 9:00 a.m. Present were Caroline D. Ginn, Chairman; Arthur R. Neuberger, Vice Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Kenneth R. Macht. Also present were Joseph Baird, County Administrator; William G. Collins II, County Attorney; Kimberly Massung, Executive Aide to the Board; and Patricia Ridgely, Deputy Clerk. 1. CALL TO ORDER Chairman Ginn called the meeting to order. 2. INVOCATION Planning Division Director Stan Boling delivered the Invocation. 3. PLEDGE OF ALLEGIANCE County Attorney Collins led the Pledge of Allegiance to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Ginn requested the following changes to today’s Agenda: September 21, 2004 1 1.Additional Backup for 11.I.3. – Letter dated August 10, 2004 from the FDACS 2.Additional Backup for 11.J.1. – Second Resolution – Greenleaf Subdivision Petition Water Service 3.Add Item 13.E. - Commissioner Macht wanted to comment about housing needs (following Hurricane Frances) under his items. ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously made the above changes to the Agenda. 6. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Special Meeting of September 1, 2004. There were none. ON MOTION by Commissioner Adams, SECONDED by Vice Chairman Neuberger, the Board unanimously approved the Minutes of the Regular Meeting of September 1, 2004, as written and distributed. 7. CONSENT AGENDA 7.A. AW PPROVAL OF ARRANTS ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously approved the list of Warrants as issued by the Clerk to the September 21, 2004 2 Board for the period of August 26, 2004 to September 9, 2004, as requested. 7.B. TCCW.S–ET AX OLLECTOR HARLES EMBLER XTENSION OF AX RPCVA OLL RIOR TO THE OMPLETION OF THE ALUE DJUSTMENT BH OARD EARINGS ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously approved extension of the tax roll prior to the completion of the Value Adjustment Board hearings, as requested. 7.C. AGSMPOBAC PPOINTMENT OF EORGE IPP TO THE (MPOBA ETROPOLITAN LANNING RGANIZATION IKEPATH DVISORY C)–RDJ OMMITTEE EPLACES AVID AKUBIAK The Board acknowledged the appointment of George Sipp to the MPO BAC by the Town of Orchid to replace David Jakubiak. 7.D. RN.2004-100–MB ESOLUTION O ISCELLANEOUS UDGET A023 MENDMENT ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously adopted September 21, 2004 3 Resolution No. 2004-100 amending the fiscal year 2003-2004 budget. 7.E. PWARS– ETITION FROM ABASSO REA ESIDENTS FOR TREETLIGHTS APHAM.S.B.U. DVERTISE FOR UBLIC EARING UTHORIZED FOR (MSBU)F UNICIPAL ERVICE ENEFIT NITS UNDING ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously approved advertising for public hearing to establish the Wabasso Street Lighting District with funding to cover the annual maintenance and electricity charges, as recommended in the memorandum of August 23, 2004. (The first non-ad valorem assessment shall be levied for FY 2005-2006. The typical charge per homeowner would be $23.00 per year. The notice of public hearing must be published 4 times \[once a week for 4 weeks\] together with notice mailed to affected parties.) 7.F. AAR--WA–SE PPRAISAL UTHORIZATION FOR IGHTOFAY CQUISTION C58A41S–BM THST ORNER VENUE AT TREET RIAN AND ICHELE C–409658A TH HESSER VENUE ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously authorized a residential real estate appraisal from our list of September 21, 2004 4 appraisers for a fee not to exceed $1,000, as recommended in the memorandum of August 31, 2004. 7.G. CBMP(BMP)–F ITRUS EST ANAGEMENT RACTICES LORIDA DACS EPARTMENT OF GRICULTURE AND ONSUMER ERVICES (FDACS)#006800CSC:FY2004-2005 OST HARE ONTRACT ASSA–W PPLICANT CORE UMMARY MENDMENT ITHDRAWAL OF FC(RG,I.,FR OUR OOPERATORS YALL ROVES NC LORIDA ESEARCH CAS,I.,SA,I., ENTER FOR GRICULTURAL USTAINABILITY NC UN G NC BA.S,I.)–AN--L AND YNUM G ERVICES NC CCEPTANCE OF EXTONIST C(HGEC) OOPERATORS AMMOND ROVES AND STES ITRUS ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously approved the applicants score summary amendment accepting applicants 334 and 310 in lieu of the four applicants that have advised that they will not be installing the BMPs as originally planned and authorized the Chairman to execute the individual cost-share agreements on the form previously approved by the Board once the two new applicants execute and submit the forms to the County, as recommended in the memorandum of September 14, 2004. HAMMOND AND ESTES CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD September 21, 2004 5 7.H. CBMP(BMP)–S.JR ITRUS EST ANAGEMENT RACTICES T OHNS IVER WMD(SJRWMD)–C ATER ANAGEMENT ISTRICT ONTRACT A–CSA#SG469AA MENDMENT OST HARE GREEMENT ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously approved the First Amendment to the Agreement with SJRWMD, as recommended in the memorandum of September 14, 2004. AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.I. FDACS–DF–AFRFY IVISION OF ORESTRY NNUAL IRE EPORT 2003-2004 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously approved the Annual Fire Report as presented, as recommended in the memorandum of September 14, 2004. 7.J. RN.2004-101–WP25P ESOLUTION O INDSOR LAT LANNED D–WP-C EVELOPMENT INDSOR ROPERTIES ONTRACT FOR CRRI- OMPLETION OF EMAINING EQUIRED MPROVEMENTS September 21, 2004 6 ACISL UTHORIZATION TO ALL RREVOCABLE TANDBY ETTER OF CNSM203748W–S-ME REDIT UMBER IXONTH XTENSION ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution No. 2004-101 declaring default by Windsor Properties, a Florida General Partnership, in its obligation to complete required improvements to Windsor Plat 25 P.D., and authorized staff to make sight draft against Wachovia Bank NA’s Irrevocable Standby Letter of Credit No. SM203748W dated June 20, 2003; and authorized an extension to the contract for construction of required improvements for a period of up to 6 months, provided that acceptable financial security is delivered to the County Attorney’s office no later than 5:00 p.m. on September 21, 2004. If acceptable security is in place by that time, staff will not call the existing letter of credit. 9.B.1. PUBLIC DISCUSSION ITEM – BRIAN HEADY – ACTIONS WHICH INFLUENCE POLICY AFFECTING CITIZEN TAXPAYERS – REQUEST FOR NO CUTOFF OF WATER AND SEWER UTILITIES AFTER HURRICANE FRANCES Brian Heady advised he wanted to change his topic and asked the Commissioners to consider adopting a resolution to not disconnect any essential service under the County’s control for any resident or business for 90 days because of Hurricane Frances and its severe impact on the people here. September 21, 2004 7 County Administrator Baird advised that they have unofficially been doing that and will continue through the month of September and will monitor accounts after that. The County has not cut off any utilities due to non-payment. He planned to come back at the first meeting in October to discuss this more fully with the Board. Mr. Heady stressed that residents need reassurance and he did not think 90 days is too long to give them. Commissioner Lowther favored the suggestion, but Commissioner Adams cautioned that a blanket measure would give an excuse for non-payment even by those who may not have a problem. She believed County Administrator Baird and Utility Services Director Erik Olson have the ability to know how to handle this concern. Discussion ensued during which Mr. Heady continued to press his request. MOTION WAS MADE by Commissioner Lowther, SECONDED by Commissioner Ginn, to suspend any cutoffs of sewer or water for 90 days. County Administrator Baird was concerned because under our bond covenants the utility payments are pledged as collateral. He was also concerned we could end up having a huge number of uncollected accounts. County Attorney Collins suggested the period could be co-terminus with the state of th emergency declared by Governor Jeb Bush ending October 10. County Administrator Baird urged caution. Vice Chairman Neuberger and Commissioner Macht thought the Board should follow the advice of County Administrator Baird. The Chairman CALLED THE QUESTION which failed 2-3 (Commissioners Adams, Macht and Neuberger opposed.) September 21, 2004 8 County Administrator Baird specified that staff would allow a blanket “no cutoffs” st for September but he thought the blanket excuse should not continue beyond October 1. He will th bring the matter back at the meeting on October 5 pending the Board’s action. (Clerk’s Note: th October 5 meeting was cancelled due to the aftermath of Hurricane Jeanne.) ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Macht, the Board approved 4-1 (Commissioner Lowther opposed) leaving decisions on this matter to County Administrator Baird until the first meeting in October. NO ACTION REQUIRED OR TAKEN. 9.B.2. PUBLIC DISCUSSION ITEM – KAREN LETTS – REQUEST FOR REMOVAL OF DANGEROUS DOG LABEL IMPOSED ON HER DOGS, MAX AND HANNAH Karen Letts appeared before the Board to request they remove the “dangerous dog” label placed on her two dogs. She asked the Board to review a letter from professional Amy Robinson saying her dogs were normal. She listed the events since June that led up to her request. She stated that her dogs are neither dangerous nor vicious. County Attorney Collins pointed out that the Commissioners do not have the authority to do what she requested. He recited the history of the incident and what had transpired since and noted that all actions were handled according to the law. The Court had jurisdiction in her case and her 10-day appeal period has expired. She is now barred from going back to court. September 21, 2004 9 Ms. Letts alleged that everything was done illegally and not timely. She claimed Animal Control Director Nancy Errett had a personal vendetta against her. Also the insurance on her home had been negatively affected by this label. County Administrator Baird stated that a lot of information was missing from Ms. Letts’ version of this matter. He stated that the County had followed the rules and had met at least twice with Ms. Letts. He emphasized that the Board does not have the authority to take the requested action. Chairman Ginn understood that Ms. Letts would have to appeal to the judge, but Ms. Letts wanted the Commissioners to review her file claiming the procedure was not done lawfully. County Administrator Baird specified that he was comfortable in stating that the County had followed the rules. NO ACTION REQUIRED OR TAKEN. 9.C.1. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON OCTOBER 5, 2004 A. C:RRA3.19A AMPANELLI EQUEST TO EZONE PPROXIMATELY CRES LEUS1A1500FN87 TH OCATED OF AND PPROXIMATELY EET OF SCLOCR.MS,O.K TREET FROM TO ARIAN TOUGH WNER IMLEY HA,A(Q-J) ORN AND SSOCIATES GENT UASIUDICIAL B. M.Z:RR2.5AL T ION EQUEST TO EDESIGNATE CRES OCATED AT THE SWC43A45SPUBC/I RDTH ORNER OF VENUE AND TREET FROM TO RLIGCH(Q-J) AND TO EZONE THAT AND FROM TO UASIUDICIAL September 21, 2004 10 C. JBF:RR+/-78AL OAR ARMS EQUEST TO EZONE CRES OCATED AT SWC27A17SSWA-1 THTH THE ORNER OF VENUE AND TREET FROM RS-3.JBF,O-SH,I.A TO OAR ARMS WNER HELBY OMES NC GENT (Q-J) UASIUDICIAL D. M:RR+/-36.5AL IXELL EQUEST TO EZONE CRES OCATED AT THE SEC74A33SA-1RS-3. THRD ORNER OF VENUE AND TREET FROM TO LE.MTVL.MT LONALD IXELL RUSTEE AND IKKI IXELL RUSTEE (Q-J) UASIUDICIAL The Chairman read the above notices into the record. 9.C.2. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON OCTOBER 19, 2004 A. PC:RR+/-77.43AL REMIER ITRUS EQUEST TO EZONE CRES OCATED NWC82A4SA-1 NDTH AT THE ORNER OF VENUE AND TREET FROM TO RS-3.-PC,O-S,B&S REMIER ITRUS WNER CHULKE ITTLE TODDARD LLC,A(Q-J) GENT UASIUDICIAL B.IRI:RR40.18A NDIAN IVER NVESTMENTS EQUEST TO EZONE CRES L98SA1950’WUS1 TH OCATED AT TREET AND PPROXIMATELY OF RMH-8RM-6.–IRIC FROM TO NDIAN IVER NVESTMENTS OF ENTRAL September 21, 2004 11 F,I.,O–S,B&SLLC, LORIDA NC WNER CHULKE ITTLE TODDARD A.(Q-J) GENT UASIUDICIAL C.L:RR+/-20.48LSE IER EQUEST TO EZONE ACRES OCATED AT THE CWC(CR510)I ORNER OF THE ABASSO AUSEWAY AND THE NDIAN RLA-1RS-63.4AA-1 IVER AGOON FROM TO AND CRES FROM TO CON-2-JM.LT,O–BB, EANNETTE IER RUST WNER RUCE ARKETT A(Q-J) GENT UASIUDICIAL The Chairman read the above notices into the record. 11.B.1. EMERGENCY SERVICES – RENEWAL OF 800 MHZ (9-1-1) COMMUNICATIONS SYSTEM INFRASTRUCTURE MAINTENANCE CONTRACT WITH COMMUNICATIONS INTERNATIONAL, INC. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Lowther, to approve staff’s recommendation. September 21, 2004 12 In response to Commissioner Ginn’s concern about the high cost for this service, County Administrator Baird emphasized that this is our $9 million communications system for 9-1-1 and includes all the equipment for that system. It was the only communication system that worked after Hurricane Frances. He added that the company has been excellent and has worked day and night to get our 9-1-1 call center back in service. The Chairman CALLED THE QUESTION and the motion carried unanimously. (The Board approved the renewal of the contract with Communications International, Inc. for one year for an annual increase of $3,148.86 \[based on the South Urban Consumer Price Index\], as recommended in the memorandum of September 13, 2004.) LETTER OF AGREEMENT TO RENEW IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.B.2. EMERGENCY SERVICES – RESOLUTION NO. 2004-102 – RE-AUTHORIZATION OF THE IMPOSITION OF 9-1-1 FEE ON MOTION by Commissioner Adams, SECONDED by Vice Chairman Neuberger, the Board unanimously adopted Resolution No. 2004-102 providing for the establishment of a countywide “9-1-1” telephone fee to pay for system charges; providing for severability, providing for inclusion in the Indian River County Administrative Code, and providing for an effective date. September 21, 2004 13 11.I.1. PUBLIC WORKS - NRCS EWP (NATURAL RESOURCES CONSERVATION SERVICES’ EMERGENCY WATERSHED PROTECTION) ASSISTANCE RELATED TO HURRICANE FRANCES ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously authorized the Chairman to execute the cover letter as presented along with the NRCS EWP form requesting financial assistance from the NRCS to repair County drainage systems damaged by Hurricane Frances, as recommended in the memorandum of September 15, 2004. AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.2. PUBLIC WORKS - OSLO ROAD BRIDGE REPLACEMENT AND ROADWAY WIDENING – KIMLEY HORN, INC. – ENGINEERING SERVICES AMENDMENT NO. 4 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Adams, the Board unanimously approved Amendment No. 4 to the Oslo Road Bridge Replacement and Roadway Widening Professional Services Agreement with Kimley-Horn in the amount of $75,776.00, as recommended in the memorandum of August 16, 2004. September 21, 2004 14 AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.3. PUBLIC WORKS – REQUEST OF BRIAN DAVIS FOR TH COUNTY TO APPROVE AND MAINTAIN 84 AVENUE SOUTH OF CR 510 (2 MILES) Public Works Director James Davis reviewed the history of this matter as well as the policy developed on maintaining roads since 1981. He believed County Attorney Collins was comfortable with the deed for a 50’ right-of-way. He would prefer an 80’ right-of-way but he felt it is adequate at this time until the road is paved. He also reviewed his memorandum dated August 31, 2004 and the recommendation. He advised that Brian Davis was present should the Board wish to ask him any questions. A brief discussion was held during which it was mentioned that Brian Davis was planning a sand mining operation on his property. Director Davis noted his department was still struggling with recovery from Hurricane Frances but he thought it should not take more than until the end of next month to get to this. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Lowther, the Board unanimously approved preparation of a cost estimate to determine the cost of clearing enough of the right-of-way to provide a safe two-way 22’ wide unpaved road with drainage, widening and improving the existing road, and constructing adequate shoulders and drainage. After the cost estimate is complete, staff will report costs (County and Property September 21, 2004 15 Owner) to the Board for approval. Since one property owner (Brian Davis) has agreed to fund the non-County cost, formal assessment hearing is not needed if the funds are paid prior to construction, all as recommended in the memorandum of August 31, 2004. 11.J.1. UTILITIES SERVICES – RESOLUTION NOS. 2004-103 AND 2004-104 – GREENLEAF SUBDIVISION PETITION WATER THTH SERVICE – 55 COURT SOUTH OF 13 STREET SW IRC PROJECT NO. UCP-2414 – RESOLUTIONS I AND II ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution No. 2004-103 providing for water main th expansion to Greenleaf Subdivision (55 Court south of th 13 Street SW) in Indian River County, Florida; providing the total estimated cost, method of payment of assessments, number of annual installments, and description of the area to be served. ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution No. 2004-104 setting a time (October 12, 2004) and place at which the owners of properties located in thth Greenleaf Subdivision (55 Court south of 13 Street SW) in Indian River County, Florida, and other interested persons may appear before the Board of County September 21, 2004 16 Commissioners of Indian River County and be heard as to the propriety and advisability of constructing the water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be specially assessed against each property benefited thereby. 11.J.2. UTILITIES SERVICES – SOUTH COUNTY WATER PLANT – WELL-FIELD REHABILITATION PROJECT, PHASE II, CHANGE ORDER #2 TO WELL CONTRACTOR - LAYNE CHRISTENSEN COMPANY ON MOTION by Commissioner Adams, SECONDED by Vice Chairman Neuberger, the Board unanimously approved Change Order No. 2, a credit in the amount of $69,000 and extension of the contract period by 45 days, as presented and as recommended in the memorandum of August 27, 2004. CHANGE ORDER NO. 2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.3. UTILITIES SERVICES – SOUTH COUNTY WATER PLANT – REQUEST FOR ADDITIONAL PROFESSIONAL SERVICES – KIMLEY-HORN & ASSOCIATES, INC. – CLEARWELL & YARD PIPING PROJECT – WORK ORDER NO. 3 September 21, 2004 17 ON MOTION by Commissioner Adams, SECONDED by Vice Chairman Neuberger, the Board unanimously approved Work Order No. 3 to Kimley-Horn & Associates, Inc., in the amount of $69,000, as presented, as recommended in the memorandum of August 27, 2004. WORK ORDER NO. 3. IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.4. UTILITIES SERVICES – NORTH AND SOUTH COUNTY REVERSE OSMOSIS PLANTS – WELL HYDROLOGY MODELING AND WELLFIELD EXPANSIONS – POST BUCKLEY SCHUH & JERNIGAN (PBS&J) – WORK ORDER NO. 2 ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, the Board unanimously approved Work Order No. 2 with PBS&J for an amount not to exceed $229,900 and authorized the Chairman to execute the same, as presented, as recommended in the memorandum of August 27, 2004. WORK ORDER NO. 2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13.E. COMMISSIONER MACHT –HOUSING NEEDS FOLLOWING HURRICANE FRANCES – UNITED WAY – HUMAN September 21, 2004 18 SERVICES DEPARTMENT – DAMAGE TO CITRUS INDUSTRY - BELLSOUTH Commissioner Macht advised that after Hurricane Frances he received over 200 calls about his ad for a single-family house for rent. Because of Hurricane Frances our community has a big housing problem. He stated that our Human Services Department has set up a “clearing-house” for those who need a place to live and those who have a place available to rent. Unfortunately some people are being evicted because of their inability to pay rent as they lost their job because of the storm. Many people live from paycheck-to-paycheck and he thought we should be alert for distress of this nature and do whatever we can to elicit aid from agencies such as FEMA. County Administrator Baird reported that he had called a meeting about housing and had learned that The Palms of Vero has many vacancies. The Palms representatives will see how they can help; some of the Federal income requirements may have to be relaxed so anyone can move in and pay the full rate. The County is working with the United Way, as the lead group, trying to solve the housing problems. Our emergency management department is also involved in this effort. Recovery from this storm will be a long process and it may take changing some Federal government requirements. Commissioner Lowther thought The Palms of Vero, which had suffered minor damage, could end up being a diamond in the rough if it becomes a place to house people displaced by the storm. Commissioner Adams suggested contacting our State and Federal representatives to work at relaxing some of the housing income limitations. She understood the County is allowing use of campers, trailers, and motorhomes in driveways temporarily until residents can reestablish permanent housing. County Administrator Baird confirmed that motorhomes and trailers may be parked in the driveway while homes are being repaired. He noted that everyone is trying to work together September 21, 2004 19 and he planned to hold weekly meetings to bring the different entities together to discuss and find solutions to the needs of the community. Commissioner Macht understood that the citrus industry has received an almost fatal blow, and Vice Chairman Neuberger advised he had recently attended a meeting of the Indian River Citrus League and learned there was an estimated $2 billion damage and it may go higher. Commissioner Lowther met with Congressman Dave Weldon last week and hoped for his help. Commissioner Macht then commented that he was very unhappy with BellSouth; he th was snottily told his business phone in downtown Vero Beach would be restored by October 17. He found that response very unsatisfactory. Commissioner Adams commented that she was not sure BellSouth has the same type of response as other utility teams because all the trucks are marked BellSouth. Her telephone service was just restored on Sunday evening. She thought downed power poles and lines might be the reason why restoration of service was flagging behind the other utilities. She suggested writing a letter to BellSouth that we did not see catastrophe teams like the electrical utility trucks. She also suggested the Treasure Coast Regional Planning Council add communication companies to their agenda. Vice Chairman Neuberger had seen many lines still down. Chairman Ginn suggested patience by everyone. September 21, 2004 20 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 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:56 a.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman Minutes Approved: _________________ BCC/PR/2004 Minutes September 21, 2004 21