HomeMy WebLinkAbout12/3/2002 (2)INDEX TO MINUTES OF REGULAR MEETING
OF THE BOARD OF COUNTY COMMISSIONERS
OF DECEMBER 3, 2002
1.
CALL TO ORDER.......................................................................................................1
2.
INVOCATION.............................................................................................................1
3.
PLEDGE OF ALLEGIANCE.......................................................................................1
4.
ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS.................1
5.
PROCLAMATIONS AND PRESENTATIONS.........................................................1
6.
APPROVAL OF MINUTES........................................................................................2
7.
CONSENT AGENDA.................................................................................................. 2
7.A.
REPORTS.....................................................................................................................2
7.13.
APPROVAL OF WARRANTS.................................................................................... 2
7.C.
APPROVAL OF WARRANTS.................................................................................... 2
7.D.
OUT -OF -COUNTY TRAVEL -16TH ANNUAL NATIONAL
CONFERENCE ON BEACH PRESERVATION TECHNOLOGY -
FEBRUARY 12-14,2003 - PONTE VEDRA BEACH, FLORIDA - ALL
COMMISSIONERS..................................................................................................... 3
7.E. TREASURE COAST ECONOMIC DEVELOPMENT DISTRICT -
RESIGNATION OF FRANCIS M. COFFEY AS THE DISTRICT 2
APPOINTEE................................................................................................................. 3
7.F. GRACE PINES SUBDIVISION - HABITAT FOR HUMANITY - FINAL
PLAT APPROVAL - CONTRACT FOR CONSTRUCTION OF
REMAINING REQUIRED IMPROVEMENTS AND CASH DEPOSIT AND
ESCROWAGREEMENT............................................................................................3
7.G. EMERALD ESTATES (F/K/A TYLER'S PLACE) - DEMETREE-INDIAN
RIVER, INC. - FINAL PLAT APPROVAL................................................................ 4
DECEMBER 3, 2002 1 BK 124 PG 750
7.H. LIBRARY SYSTEM - LONG RANGE PLAN UPDATE - STATE AID TO
LIBRARIES.................................................................................................................. 4
7.I. BID 45023 - BOBBI J. SUBDIVISION WATER ASSESSMENT PROJECT
- UNDERGROUND UTILITIES, INC....................................................................... 4
71 BID 45020 - GENERAL FILL DIRT - STEWART MINING INDUSTRIES
(PRIMARY) AND BRIAN JENKINS TRUCKING, INC. (SECONDARY) ............. 5
7.K. BID 45028 - WEST REGIONAL WASTEWATER TREATMENT
FACILITY - SLUDGE THICKENER SUPPORT - JIM WRIGHT
CONSTRUCTION, INC.............................................................................................. 5
7.L. CORRIGAN RIDGE - PHASE I SAND MINE - J. PAT CORRIGAN
FAMILY LIMITED PARTNERSHIP RESTORATION BONDING ......................... 5
7.M. RESOLUTIONS 2002-101/106 CANCELING TAXES UPON PUBLICLY
OWNED LANDS; (1) HABITAT FOR HUMANITY - 43m AVENUE 4174
R/W; (2) ROBERT DENTON - CR -510 R/W; (3) ST. THOMAS FUND -
41ST STREET R/W; (4) NATIONAL RESIDENTIAL PROPERTIES - 58TH
AVENUE R/W; (5) CAPSTAR RADIO OPERATING CO. - 77TH STREET
R/W; AND (6) WILLIAM AND ROSIE DARNELL - 41ST STREET R/W.............. 6
7.N. INDIAN RIVER COUNTY FAIR ASSOCIATION, INC. AGREEMENT TO
CONDUCT COUNTY FAIRS - 2003-2007 - FAIRGROUNDS ................................ 7
7.0. MARIAN E. FELL, ASSISTANT COUNTY ATTORNEY -
EMPLOYMENT AGREEMENT................................................................................. 8
7.P. 2001 COUNTY TAX DEED APPLICATIONS - CLERK'S COSTS ........................ 8
7.Q. MGB CONSTRUCTION- CUT AND FILL BALANCE WAIVER FOR LOT
15, BLOCK 20, VERO LAKES ESTATES, UNIT 4 .................................................. 8
7.R. INDIAN RIVER COUNTY VS. LEGWEN AND FAIRWAYS GOLF CLUB,
INC. - CASE NOS. 2002 -0200 -CA -05 AND 97 -0273 -CA -05
(CONSOLIDATED), CIRCUIT COURT, 19TH JUDICIAL CIRCUIT -
DECISION NOT TO APPEAL...................................................................................9
DECEMBER 3, 2002 2 BK 124 PG
750
9.13. 1. PUBLIC DISCUSSION ITEM - FRED N. BOHLER, JR. - DRAINAGE
PROBLEMS AT HERON CAY MOBILE HOME COMMUNITY ........................... 9
9.13.2. PUBLIC DISCUSSION ITEM - JERRY L. SUMMERS - VERO
BEACH/INDIAN RIVER COUNTY RECREATION DEPARTMENT -SKY
EAGLE INDIAN ASSOCIATION............................................................................11
9.13.3. PUBLIC DISCUSSION ITEM - FRANCIS M. COFFEY - BRANCH
LIBRARY AT THE MUELLER CENTER, INDIAN RIVER COMMUNITY
COLLEGE..................................................................................................................11
9.C. PUBLIC NOTICE ITEM - SCHEDULED FOR PUBLIC HEARING ON
DECEMBER 10, 2002 - BOUNDARY AMENDMENT OF
LAURELWOOD STREET LIGHTING DISTRICT.................................................13
11.A.1. RESOLUTION 2002-107 DESIGNATES 133m PLACE (MANATEE
AVENUE) LYING NORTH OF BAY STREET (83m AVENUE) A
LIMITED USE RIGHT-OF-WAY (KARL VOLK - WAUREGAN BOAT
CLUB)........................................................................................................................13
11.C.1. LIBRARY BRANCH AT MUELLER CENTER- JOINT USE WITH
INDIAN RIVER COMMUNITY COLLEGE (1 ¢ SALES TAX) ............................14
11.G.1. 17TH STREET S.W. RIGHT-OF-WAY ACQUISITION (27TH AVE. S.W.) -
JOBARFARMS, INC.................................................................................................15
11. G.2. NORTH COUNTY REGIONAL PARK - PROJECT 9926 - WELLER
POOL CONSTRUCTORS, INC. - PARTIAL RELEASE OF RETAINAGE .......... 15
11.H.1. RESOLUTION 2002-108 CERTIFYING "AS -BUILT" COSTS FOR
INSTALLATION OF WATER SERVICE TO SUBURBAN ACRES (32ND
TERRACE) -PROJECT UCP -2006 - FINAL ASSESSMENT...............................15
11.H.2. SCIARA ENTERPRISES, INC. -DEVELOPER'S AGREEMENT FOR
WATER MAIN INSTALLATION ON SR -60 BETWEEN 58TH AVENUE
AND43m AVENUE..................................................................................................16
DECEMBER 3, 2002 3 BK 124 PG
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11.H.3. INDIAN RIVER LAGOON FY 2002/ 2003 ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT ALTERNATIVE WATER SUPPLY GRANT
APPLICATION FOR ELIMINATION OF REVERSE OSMOSIS
CONCENTRATE - CAMP, DRESSER, MCKEE - COST -SHARE
PROGRAM.................................................................................................................16
11.H.4. NORTH COUNTY WATER TREATMENT PLANT CONCENTRATE
DISCHARGE RELOCATION (NORTH COUNTY BRINE PROJECT) -
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION -
MASTELLER & MOLER - (WORK AUTHORIZATION 42) - 16" BRINE
LINE RELOCATION FROM CR -510 BRIDGE TO BENT PINE RAPID
INFILTRATION BASIN............................................................................................17
13.13.1. RESOLUTION 2002-109 -ACTING VICE CHAIRMAN CAROLINE D.
GINN - RESOLUTION OF SUPPORT FOR JEAN KLINE, INDIAN RIVER
COUNTY HEALTH DEPARTMENT ADMINISTRATOR....................................17
13.13.2. ACTING VICE CHAIRMAN CAROLINE D. GINN - REPORT FROM
UTILITIES ADVISORY COMMITTEE -CONTINUE SLUDGE
MORATORIUM (OUT OF COUNTY).....................................................................18
13.E. COMMISSIONER ARTHUR R. NEUBERGER - DISCUSSION OF
TRANSCRIPTION OF MINUTES OF BOARD MEETINGS APPPROVAL
OF SUMMARY MINUTES.......................................................................................18
14.A. EMERGENCY SERVICES DISTRICT...................................................................19
14.13. SOLID WASTE DISPOSAL DISTRICT..................................................................19
14.C. ENVIRONMENTAL CONTROL BOARD
15. ADJOURNMENT .......................................
DECEMBER 3, 2002 4 BK 124 PG
750
19
19
December 3, 2002
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday,
December 3, 2002, at 9:00 a.m. Present were Kenneth R. Macht, Acting Chairman; Caroline D.
Ginn, Acting Vice Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Arthur
R. Neuberger. Also present were James E. Chandler, County Administrator; Paul G. Bangel,
County Attorney; and Maria L Suesz, Deputy Clerk.
1. CALL TO ORDER
Acting Chairman Macht called the meeting to order.
2. INVOCATION
Planning Director Stan Boling delivered the Invocation.
3. PLEDGE OFALLEGIANCE
Commissioner Adams led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE A GENDAIEMERGENCYITEMS
Acting Chairman Macht requested the following changes to today's Agenda:
1. Add Item 7.R., Indian River County vs. Legwen and Fairways Golf Club, Inc. —
Case Nos. 2002 -0200 -CA -05 and 97 -0273 -CA -05 (Consolidated), Circuit
Court, 19th Judicial Circuit
2. Replace page 294 of Item 11.A.1. - Request to Designate 133rd Place (Manatee
Avenue) lying North of Bay Street (83rd Avenue) as a "Limited Use Right of
Way 11
3. Defer item 10. for one week, Lost Tree Islands Contract
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously (5-0) made the above changes to the Agenda.
5. PROCLAMATIONSAND PRESENTATIONS
DECEMBER 3, 2002 1 BK 124 PG 750
None.
6. APPROVAL OFMINUTES
None.
7. CONSENT AGENDA
Acting Chairman Macht asked that Item 7.R. be pulled for discussion.
7.A. REPORTS
The following report has been received and is on file in the office of the Clerk to the Board:
1. Report of Convictions, October 2002
7.B. APPROVAL OF WARRANTS
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously approved the list of Warrants as issued by
the Clerk to the Board for November 8-14, 2002, as requested in the
memorandum.
7.C. APPROVAL OF WARRANTS
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously (5-0) approved the list of Warrants as
issued by the Clerk to the Board for November 15-21, 2002, as requested
in the memorandum.
DECEMBER 3, 2002 2 BK 124 PG
750
7.D. OUT-OF-COUNTYTRAVEL-16THANNUAL NATIONAL
CONFERENCE ONBEACHPRESERVATION TECHNOLOGY- FEBRUARY
12-14, 2003 - PONTE VEDRA BEA CH, FLORIDA - ALL COMMISSIONERS
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously (5-0) approved out -of -county travel for
all Commissioners, as requested.
7.E. TREASURE COAST ECONOMIC DEVELOPMENT DISTRICT -
RESIGNA TION OF FRANCIS M. COFFEYAS THE DISTRICT 2 APPOINTEE
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously (5-0) accepted, with regret, the
resignation of Francis M. Coffey as the District 2 Appointee to the
Treasure Coast Economic Development District.
7.F. GRACE PINES SUBDIVISION- HABITAT FOR HUMANITY- FINAL
PLAT APPROVAL - CONTRACT FOR CONSTR UCTION OF REMAINING
REQUIRED IMPROVEMENTS AND CASHDEPOSIT AND ESCROW
AGREEMENT
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously (5-0) granted final plat approval for
Grace Pines Subdivision and authorized the Chairman to execute the
submitted Contract for Construction of Remaining Required
Improvements and Cash Deposit and Escrow Agreement, as recommended
by staff.
COPY OF CONTRACT & AGREEMENT ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
DECEMBER 3, 2002 3 BK 124 PG
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7.G. EMERALD ESTATES (F/KIA TYLER'S PLACE) - DEMETREE-INDIAN
RIVER, INC. -FINAL PLAT APPROVAL
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously (5-0) granted final plat approval for
Emerald Estates, as recommended in the memorandum.
7.K LIBRARYSYSTEM- LONG RANGE PLAN UPDATE - STATE AID TO
LIBRARIES
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously (5-0) approved the update to the Long
Range Plan and authorized staff to forward it to the appropriate State
Library staff, as recommended in the memorandum.
U. BID #5023 - BOBBI J. SUBDIVISION WATER ASSESSMENT PROJECT
- UNDERGROUND UTILITIES, INC.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously (5-0) awarded Bid 45023 to
Underground Utilities, Inc. in the amount of $32,428 and approved the
Agreement and authorized the Chairman to execute same when required
performance and payment bonds have been submitted along with
appropriate certification of insurance and the County Attorney has
approved the agreement as to form and legal sufficiency; all as
recommended in the memorandum.
AGREEMENT IS ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD.
DECEMBER 3, 2002 4 BK 124 PG
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7. J. BID #5020 -GENERAL FILL DIRT - STE WAR T MINING INDUSTRIES
(PRIMARY) AND BRIAN JENKINS TRUCKING, INC. (SECONDARY)
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously (5-0) awarded Bid 45020 to Stewart
Mining Industries, as the primary vendor for all zones listed in the bid
including County pick-up, and to Brian Jenkins Trucking, Inc., as the
secondary vendor for County pick-up only; and establish an open end
contract for the period November 1, 2002 through September 30, 2003
with recommended bidders; and authorized the Purchasing 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.
AGREEMENT WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED.
7.K BID #5028- WEST REGIONAL WASTEWATER TREATMENT
FACILITY- SLUDGE THICKENER SUPPORT- JIM WRIGHT
CONSTRUCTION, INC.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously (5-0) awarded Bid 45028 to Jim Wright
Construction, Inc. in the amount of $27,900 and approved the Agreement;
authorized the Chairman to execute same when required performance and
payment bonds have been submitted along with appropriate certification of
insurance, and the County Attorney has approved the agreement as to form
and legal sufficiency; all as recommended in the memorandum.
AGREEMENT AND BID DOCUMENTS ARE
ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD
U. CORRIGANRIDGE -PHASE I SAND MINE - J. PAT CORRIGAN
FAMIL Y LIMITED PARTNERSHIP RESTORA TION BONDING
DECEMBER 3, 2002 5 BK 124 PG
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ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously (5-0) approved the Cash Deposit and
Escrow Agreement No. SP -MA -95-01-02 and authorized the Chairman to
execute same, as recommended in the memorandum.
COPY OF CASH DEPOSIT AND ESCROW AGREEMENT
ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.M. RESOLUTIONS 2002-1011106 CANCELING TAXES UPONPUBLICLY
OWNED LANDS; (I) HABITAT FOR HUMANITY- 43RD AVENUE #I74 R/W;
(2) ROBERT DENTON- CR -5I0 R/W; (3) ST. THOMAS FUND - 41ST STREET
R/W; (4) NATIONAL RESIDENTIAL PROPERTIES - 58TH A VENUE R/W; (5)
CAPSTAR RADIO OPERATING CO. - 77TH STREET R/W; AND (6) WILLIAM
AND ROSIE DARNELL - 41ST STREET R/W
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously (5-0) adopted Resolution 2002-101
canceling taxes upon publicly owned lands, pursuant to section 196.28,
Florida Statutes (Habitat for Humanity — 43rd Avenue 4174 Right -of -Way).
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously (5-0) adopted Resolution 2002-102
canceling taxes upon publicly owned lands, pursuant to section 196.28,
Florida Statutes (Robert Denton — CR -510 Right -of -Way).
DECEMBER 3, 2002 6 BK 124 PG
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ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously (5-0) adopted Resolution 2002-103
canceling taxes upon publicly owned lands, pursuant to section 196.28,
Florida Statutes (St. Thomas Fund — 41st Street Right -of -Way).
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously (5-0) adopted Resolution 2002-104
canceling taxes upon publicly owned lands, pursuant to section 196.28,
Florida Statutes (National Residential Properties — 58th Avenue
Right -of -Way).
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously (5-0) adopted Resolution 2002-105
canceling taxes upon publicly owned lands, pursuant to section 196.28,
Florida Statutes (Capstar Radio Operating Co. — 77th Street
Right -of -Way).
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously (5-0) adopted Resolution 2002-106
canceling taxes upon publicly owned lands, pursuant to section 196.28,
Florida Statutes (William and Rosie Darnell — 41st Street Right -of -Way).
7.N. INDIANRIVER COUNTYFAIR ASSOCIATION, INC. AGREEMENT TO
CONDUCT COUNTYFAIRS - 2003-2007- FAIRGROUNDS
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously (5-0) approved the Agreement with
Indian River County Fair Association, Inc. for five years with a payment
and reporting deadline by July 15th of each year instead of June 30th; and the
provision that, if available, the County may provide traffic barriers and
traffic cones and authorized the Chairman to execute the Agreement, as
recommended in the memorandum.
DECEMBER 3, 2002 7 BK 124 PG
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AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.0. MARIANE. FELL, ASSISTANT COUNTYATTORNEY-
EMPLOYMENT AGREEMENT
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously (5-0) approved the Employment
Agreement with Marian E. Fell, Assistant County Attorney, commencing
November 13, 2002 and authorized the Chairman to execute same, as
recommended in the memorandum.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.P. 2001 COUNTY TAX DEED APPLICATIONS - CLERK'S COSTS
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously (5-0) authorized payment to the Clerk in
the amounts of $3,103.66 and $16,972.90, as recommended in the
memorandum.
7.0. MGB CONSTRUCTION- CUTAND FILL BALANCE WAIVER FOR LOT
15, BLOCK 20, VERO LAKES ESTATES, UNIT 4
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously (5-0) granted the cut and fill balance
waiver based on the criteria of Section 930.07(2)(d) 4, as recommended in
the memorandum.
DECEMBER 3, 2002 8 BK 124 PG
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7.R. INDIANRIVER COUNTY VS LEGWENAND FAIRWAYS GOLF CLUB,
INC. - CASE NOS 2002 -0200 -CA -05 AND 97 -0273 -CA -05 (CONSOLIDATED),
CIRCUIT COURT,I9TH JUDICIAL CIRCUIT- DECISION NOT TO APPEAL
Acting Chairman Macht made comment contesting the attorney's fees in the amount of
$51,200.00 awarded by Judge Hawley as being a tremendous amount.
Deputy County Attorney Collins said he filed a motion in opposition and argued that a
reasonable attorney's fee based upon statutory factors would be $19,503.82. However an appeal
would involve additional attorney's fees and court fees to the County and he recommended that no
appeal be taken.
ON MOTION by Acting Chairman Macht, SECONDED by Commissioner
Adams, the Board unanimously (5-0) decided that no appeal be taken, as
recommended by staff.
9.B.1. PUBLIC DISCUSSION ITEM - FRED N. BOHLER, JR. -DRAINAGE
PROBLEMSAT HERON CAYMOBILE HOME COMMUNITY
Fred Bohler, 42 Calypso Cay, Heron Cay, recounted standing-water/stormwater drainage
problems that have been on-going for more than a year at Heron Cay Mobile Home Community.
Community Development Director Robert Keating and other staff were very helpful and had written
the park owner explaining what needed to be done in order to get the drainage problems corrected.
The park owner's attorney wrote back advising that the problem belongs to the individual
homeowners. More correspondence has been sent and the situation has gone on too long. He had
been waiting for Deputy County Attorney Collins to write the park owner asking that he abide by
the conditions set out in Mr. Keating's earlier letter. He was now appealing to the Board for action.
Deputy County Attorney Collins concurred with Mr. Bohler's comments adding that
although the park owner's attorney believed responsibility for the drainage was that of the unit
owners, he had not come to that conclusion nor did he agree with that opinion. He estimated that
writing such a letter would take about two hours of his time. He apologized to Mr. Bohler and said
DECEMBER 3, 2002 9 BK 124 PG
750
he thought he was as frustrated as Mr. Bohler. He then explained that other priorities had occupied
his time such as Calpine, Lost Tree, VAB, 7 active litigation cases, grant deadlines, and purchase
of property for jail expansion. Each matter takes time.
Commissioner Adams recognized that Mr. Collins, as the most seasoned attorney in the
County Attorney's office, does a tremendous amount of work. It seemed to her that this should have
gone through Code Enforcement.
Deputy County Attorney Collins advised that ultimately this would go to Code Enforcement
but staff looked to him to see who should be cited.
Discussion ensued whereupon County Attorney Paul Bangel advised he would arrange to
see that this matter is handled.
Acting Vice Chairman Ginn spoke in defense of Mr. Collins hoping that Mr. Bohler
understood and assuring him that this will be taken care of as soon as possible. She also wished the
Health Department to be advised.
Administrator Chandler added that staff believed responsibility rested with the park owner,
but then the attorneys got involved. He confirmed that the Health Department had been notified and
concurred that the situation needs to be resolved.
Commissioner Neuberger questioned the time involved and asked if an engineer could tell
him the problem and whether or not the development was built to specifications.
Community Development Director Robert Keating explained that he and County Engineer
Chris Kafer had visited the mobile home park. They were not sure of the genesis of the problem.
In his letter to the park owner, the owner was directed to have an engineer survey and determine the
DECEMBER 3, 2002 10 BK 124 PG
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magnitude of the problem and to design solutions. The County felt the burden was on the park
owner to identify the solutions and be responsible for their execution.
Commissioners expressed their concerns about the time element and Acting Chairman
Macht remarked it resulted from the involvement of lawyers on both sides. He thanked Mr. Bohler
for bringing this to their attention and assured him it will get resolved.
9.B.2. PUBLICDISCUSSIONITEM - JERRYL. SUMMERS — VERO BEACHIINDIAN
RIVER COUNTYRECREATIONDEPARTMENT—SKYEAGLEINDIANASSOCIATION
Jerry Summers, a resident of 6th Street, Vero Beach spoke about the Recreation
Department split between the County and the City of Vero Beach. He stated many facts were
overlooked regarding the employees and the community in general and he was asking for a full
investigation.
Acting Chairman Ken Macht concurred with a recommendation from Commissioner
Tom Lowther requesting Mr. Summers bring this matter before the Parks and Recreation
Committee at their next meeting and to report back to the Board, if necessary.
9.B.3. PUBLICDISCUSSIONITEM— FRANCIS M. COFFEY— BRANCHLIBRARYA T
THE MUELLER CENTER, INDIAN RIVER COMMUNITY COLLEGE
Clerk's Note: See related item 11.C.1.
Frank Coffey, a resident at 5015 Fairway Circle, Vero Beach, spoke about the
proposed joint library at the Indian River Community College (IRCC) Mueller Center. There have
been a lot of general comments regarding a branch library at the Public Library Advisory Board
(PLAB) meetings, but no meaningful discussions to quantify the most desirable location of a branch.
He felt it was inappropriate for County staff to meet with IRCC officials prior to any meaningful
discussions with members of the PLAB regarding the location of a library at the Mueller Center.
He recommended that the Board conduct workshops to receive taxpayers' comments regarding
projects to be funded from the extension of the 1 � sales tax.
DECEMBER 3, 2002 11 BK 124 PG
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Commissioner Ginn said before she could vote on any issue we need to have a public hearing
and a public workshop on our priorities for the next five years on the 1 � optional sales tax. Mr.
Baird suggested several projects, but no public hearings were conducted and we promised the public
that this would be done.
Assistant County Administrator Joe Baird advised he had listed projects for the next five
years when the 10 sales tax was presented to the Board, which included the libraries, the jail, and the
fire stations. Mr. Baird understood these projects have already been approved by the Board, and
were published in the newspaper. He clarified that the meeting with IRCC officials was only
exploratory, in order to gather information. He suggested that it be put on the agenda for the PLAB
and on the agenda for the Board at this meeting for the concept to be considered. He stressed that
no commitment was made.
Acting Chairman Macht concurred with Mr. Baird adding that the proposal to locate a
branch library at IRCC was originally presented to the Board three years ago by Commissioner
Carolyn Eggert and the concept was approved at that time.
County Administrator James Chandler explained that the library funds set aside for a west
library branch had been reallocated for the renovations at the Main Library and the expansion of the
North County Library.
Commissioner Ginn asked that the Board be apprised prior to any meetings. Mr. Baird
restated that it was an initial meeting to gather information in order to present to the Board.
Acting Chairman Macht felt it is eminently correct for members of staff and appropriate
Commissioners to discuss an issue such as this with anybody. He did not understand the objection.
Nothing is set into motion until the Board approves it in front of the public.
Commissioner Ginn felt it is appropriate to have another public hearing, to afford the two
new Commissioners an opportunity to voice an opinion before we set priorities on the one -cent sales
tax.
DECEMBER 3, 2002 12 BK 124 PG
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Commissioner Adams suggested researching the library item and coming back with a
prioritization, meanwhile, she agreed a workshop on sales tax money would be helpful and the
proposed projects for those funds over the course of the next fifteen years.
Commissioner Neuberger felt that we need a public hearing to reaffirm what has already
been established. He felt it was unnecessary to have a workshop.
Acting Chairman Macht pointed out that IRCC is working with the Legislature to obtain a
subgrant that would produce a 4 -year university. This would bring employment opportunities to
our community. He asked the Board to look at this matter as a leveraged item to put before the
Legislature. In the interest of informing the public and since Dr. Massey would be making a
presentation, he deferred further discussion to 11.C.1.
9.C. PUBLIC NOTICE ITEM -SCHEDULED FOR PUBLIC HEARING ON
DECEMBER 10, 2002 - BOUNDAR YAMENDMENT OF LA UREL WOOD
STREET LIGHTING DISTRICT
The Chairman announced the above public hearing.
H.A.1. RESOL UTION 2002-10 7 DESIGNATES 133RD PLACE (MANATEE
A VENUE) L YING NOR TH OF BA YSTREET (83RD A VENUE) A LIMITED USE
RIGHT -OF- WAY (KARL VOLK - WA UREGAN BOAT CLUB)
Planning Director Stan Boling met with the president of Wauregan Boat Club who
requested specific reference in this resolution to the Club's continued use of the right of way as had
been done for decades. Mr. Boling recommended adoption of the resolution with the additional
statement.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously (5-0) adopted Resolution 42002-107
providing for the segment of 133rd Place (Manatee Avenue) lying north of
Bay Street (83rd Avenue) to be designated as a limited use right-of-way
(Karl Volk — Wauregan Boat Club) with amendment to page 1 stating that
"the Town of Wauregan subdivision shall continue to have the right to
DECEMBER 3, 2002 13 BK 124 PG
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drive and park vehicles within the right-of-way and shall continue to have
access and use of the adjacent dock facility".
IL C.I. LIBRARY BRANCH A T MUELLER CENTER- JOINT USE WITH
INDIANRIVER COMMUNITY COLLEGE (I ¢ SALES TAX)
General Services Director Tom Frame briefly reviewed the history of the funding for
additional library branches, noting that the funds that had been allocated for a new branch had been
used in the renovations to the Main and the North County Libraries. The matter of a new branch
was then taken to the PLAB and their recommendation was to further negotiate with IRCC for a
joint use library at the Mueller Campus.
Dr. Edwin Massey, President of Indian River Community College, made a brief
presentation regarding the Campus' plans for expansion and noted that everyone seems to agree
that the County, IRCC and the taxpayers would benefit from a joint -use library in that area.
Commissioners Lowther, Ginn and Macht spoke in support of the concept.
ON MOTION by Commissioner Lowther, SECONDED by Commissioner
Ginn, the Board unanimously (5-0) designated the next branch library as
listed in the approved capital projects list of the first five-year plan for the
extended 10 sales tax as a joint use facility on the Mueller Campus as
recommended by the Public Library Advisory Board, subject to satisfactory
negotiations and agreements for joint use and costs between the County
and Indian River Community College, as recommended by staff.
COPY OF DR. MASSEY'S PRESENTATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
IN THE BACKUP FOR THIS MEETING
DECEMBER 3, 2002 14 BK 124 PG
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11.G.1. 17TH STREETS W. RIGHT- OF- WAYACOUISITION(27THAVE. S W.)
- JOBAR FARMS, INC.
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Adams, the Board unanimously (5-0) approved the $23,000 purchase, plus
attorney's fees not to exceed $1,000 and authorized the Chairman to
execute the contract, as recommended in the memorandum.
CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD.
H. G.2. NORTH COUNTYREGIONAL PARK- PROJECT 9926 - WELLER
POOL CONSTR UCTORS, INC. - PAR TIAL RELEASE OF RETAINA GE
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously (5-0) approved the request for partial release
of retainage totaling $141,278.40 (80%), as recommended in the
memorandum.
DOCUMENTATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD.
H.H.I. RESOLUTION 2002-I 08 CERTIFYING "AS -BUILT" COSTS FOR
INSTALLATIONOF WATER SERVICE TO SUBURBANACRES (32ND
TERRACE) -PROJECT UCP -2006 -FINAL ASSESSMENT
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously (5-0) adopted Resolution 2002-108
certifying "as -built" costs for installation of water service to Suburban
Acres (32nd Terrace) in Indian River County, Florida and such other
construction necessitated by such project; providing for formal completion
date and date for payment without penalty and interest, as recommended in
the memorandum.
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H.IL2. SCIARA ENTERPRISES, INC. - DEVELOPER'S AGREEMENT FOR
WATER MAININSTALLATION ONSR-60 BETWEEN 58TH A VENUE AND
43RD A VENUE
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Adams, the Board unanimously (5-0) approved the Developer's
Agreement for water main installation on SR 60 between 58th Avenue and
43rd Avenue and authorized the Chairman to execute same, as
recommended in the memorandum.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD.
H.IL3. INDIANRIVER LAGOON-FY200212003 ST. JOHNSRIVER WATER
MANAGEMENT DISTRICT ALTERNATIVE WATER SUPPL Y GRANT
APPLICA TION FOR ELIMINA TION OF RE VERSE OSMOSIS
CONCENTRATE - CAMP, DRESSER, MCKEE - COST -SHARE PROGRAM
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously (5-0) approved the grant application,
authorized matching funding of construction of the projects (upon receipt
of grant), and authorized the Chairman to execute applications and
agreements associated with the grant, as recommended in the
memorandum.
COPY OF GRANT APPLICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
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I LHA NORTH COUNTY WATER TREATMENT PLANT CONCENTRATE
DISCHARGE RELOCATION (NORTH COUNTYBRINE PROJECT) -
FLORIDA DEPARTMENT OFENVIRONMENTAL PROTECTION -
MA STELLER & MOLER - (WORK A UTHORIZA TION #2) - 16" BRINE LINE
RELOCATION FROM CR -5I0 BRIDGE TO BENT PINE RAPID
INFILTRATIONBASIN
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Adams, the Board unanimously (5-0) approved Work Authorization 42 for
Engineering Services for Concentrate Disposal Relocation Design,
Permitting Bid Administration and Inspection Services during construction
to Masteller & Moler, Inc. for the amount of $117,240 and authorized the
Chairman to execute same, as recommended in the memorandum.
WORK AUTHORIZATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
I3.B.I. RESOLUTION2002-I09 ACTING VICE CHAIRMAN CAROLINE D.
GINN- RESOL UTION OF SUPPORT FOR JEANKLINE, INDIANRIVER
COUNTYHEALTHDEPARTMENT ADMINISTRATOR
Commissioner Ginn asked the Board to adopt a resolution supporting Jean Kline, Health
Department Administrator, in her position for her upcoming review with the Governor.
Commissioners Adams and Macht expressed their consent.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously (5-0) adopted Resolution 2002-109
supporting Jean Kline, Administrator, who is highly regarded locally and
recommending that she be reappointed to her current position as Health
Department Administrator.
DECEMBER 3, 2002 17 BK 124 PG
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I3.B.2. ACTING VICE CHAIRMAN CAROLINE D. GINN- REPORT FROM
UTILITIES AD VISOR COMMITTEE -CONTINUE AUDGE MORATORIUM
(OUT OF COUNTY).
Commissioner Ginn reported that the Utilities Advisory Committee recommended keeping
the moratorium in place until 3/15 for out -of -county sludge.
ON MOTION by Commissioner Lowther, SECONDED by Commissioner
Neuberger, the Board unanimously (5-0) approved keeping the
moratorium on accepting out -of -county sludge in place until March 15,
2003, as recommended by the Utility Advisory Committee.
13.E. COMMISSIONER ARTHUR R. NEUBERGER -DISCUSSION OF
TRANSCRIPTION OF MINUTES OF BOARD MEETINGS APPPROVAL OF
SUMMARYMINUTES
Commissioner Neuberger recommended summary minutes versus the lengthy involved
minutes currently in use due to the time involved in getting the minutes back to the Board for
approval. He exhibited a sample set of summarized minutes that resulted in 21 pages as opposed to
85 pages.
Clerk of the Circuit Court Jeff Barton confirmed that his staff can have the minutes done in
a more timely manner preparing summarized minutes. We would still have audio and video tapes
and all the backup used for the meetings kept as a permanent record.
Acting Chairman Macht said that it was time that we converted from video to DVD and also
suggested that this extend to the Board's committee meeting minutes, as well.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously (5-0) approved going to
summarized minutes of the Board of County Commissioners' meetings and
the Board of County Commissioners' Committee meetings, as suggested
by Commissioner Neuberger.
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M.A. EMERGENCYSER VICES DISTRICT
None.
I4.B. SOLID WASTE DISPOSAL DISTRICT
None.
14.C. ENVIRONMENTAL CONTROL BOARD
None.
15. ADJOURNMENT
There being no further business, ON MOTION duly made, SECONDED and
carried, the Board adjourned at 10:34 a.m.
ALL BACKUP DOCUMENTATION, RESOLUTIONS, ORDINANCES AND CONTRACTS
ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD.
ATTEST:
Jeffrey K. Barton, Clerk Kenneth R. Macht, Acting Chairman
Minutes Approved:
I2/03/02BCC/MIS/2002Minutes
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