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HomeMy WebLinkAbout3/18/2003INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS MARCH 18, 2003 1. CALL TO ORDER.................................................................................1 2. INVOCATION........................................................................................1 3. PLEDGE OF ALLEGIANCE................................................................1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS.....................................................................................................2 5. ADDRESS BY EMERGENCY SERVICES DIRECTOR JOHN KING .................................................................................................................. 2 6. APPROVAL OF MINUTES..................................................................3 7. CONSENT AGENDA.............................................................................3 1 MARCH 18, 2003 7.A. Reports....................................................................................................3 7.B. Approval of Warrants February 28 — March 6, 2003 ........................... 3 7.C. Metropolitan Planning Organization Citizen Advisory Committee (MPO CAC) - Re-election of Chairman Juliana Young and Vice ChairmanCharles Vogt......................................................................... 4 7.D. Treasure Coast Health Council - Reappointment of Joan L. Johnson. 4 7.E. Emergency Services District Advisory Committee (ESDAC) - Appointment of Hilda Stringer to replace Celeste Rinehart ................ 5 7.F. Public Library Advisory Board (PLAB) - Resignation of Arnold Grobman................................................................................................. 5 7.G. Resolution 2003-029 — Partial Release of Easement at 145 13th Avenue (Lot 9, Block A, Indian River Heights Unit 6) (Brian Luprek) ............ 6 7.11. Sebastian Sea Crest Medical Offices Building - Final Payment by County to Developer for Construction of Off -Site Utilities .................. 6 7.I. Florida Department of Children and Families - Approval of the Interim Assistance Reimbursement Agreement (IAR)(Health Department).... 7 7.J. Resolution 2003-030 — Miscellaneous Budget Amendment 007............ 7 7.K. Health Insurance Portability and Accountability Act (HIPAA)........... 7 2 MARCH 18, 2003 7.L. Beach Preservation - Applied Technology and Management, Inc. - Approval of Contract Amendment No. 6 .............................................. 8 7.M. Emergency Services District Advisory Committee (ESDAC) - Acceptance of Resignation of Celeste Rinehart .................................... 9 9.A.1. PUBLIC HEARING — PROPOSED ORDINANCE DENIED - MODIFYING THE PLANNED DEVELOPMENT (PD) APPROVED CONCEPTUAL PLAN AND PD ZONING FOR "THE COLONY" RESIDENTIAL PROJECT —13TH STREET SW ON THE NORTH, 17TH STREET SW ON THE SOUTH, 27TH AVENUE ON THE EAST AND 43" AVENUE ON THE WEST (KNIGHT, MCGUIRE & ASSOCIATES, INC.) — (LEGISLATIVE)............................................9 9.B.1. PUBLIC DISCUSSION ITEM — INDIAN RIVER LAGOON REGIONAL ENVIROTHON - FIVE VERO BEACH HIGH SCHOOL STUDENTS TO DISCUSS THE IMPORTANCE OF AGRICULTURE (KEVIN SULLIVAN).............................................14 9.B.2. PUBLIC DISCUSSION ITEM — BRIAN HEADY TO DISCUSS CUTS TO VETERAN'S HEALTH BENEFITS.............................................14 3 MARCH 18, 2003 9.B.3. PUBLIC DISCUSSION ITEM - TOMMY MCDOUGALD TO DISCUSS MARTIN LUTHER KING BOULEVARD PROJECT IN GIFFORD (FRONT PORCH).............................................................15 11.C.1. INDIAN RIVER COUNTY SHERIFF'S JAIL RE -ROOFING PROJECT - CHANGE ORDER #1 (THE ROOF AUTHORITY) ....15 11.C.2. NEW ADMINISTRATION BUILDING - TRAFFIC IMPACT STUDY (KIMLEY-HORN & ASSOCIATES, INC.) .......................... 15 11.G.1. THIRD YEAR ARTIFICIAL REEF STUDY (PEP REEF) AGREEMENT - FLORIDA INSTITUTE OF TECHNOLOGY .......16 11.G.2. RESOLUTION 2003-31 - DEPARTMENT OF TRANSPORTATION LANDSCAPE MAINTENANCE AGREEMENT - STATE ROAD 60 FROM EAST 58TH AVENUE (MP27.01) TO WEST OF 43RD AVENUE (MP28.090) - STATE PROJECT 88060000 ....................... 17 II.G.3. 43" AVENUE BRIDGE OVER SOUTH RELIEF CANAL; OLD DIXIE HIGHWAY BRIDGE OVER SOUTH RELIEF CANAL; 5TH STREET S.W. BRIDGE OVER 43" AVENUE DITCH - PROFESSIONAL CIVIL ENGINEERING SERVICES 0 MARCH 18, 2003 AGREEMENT FOR CIVIL ENGINEERING AND BRIDGE DESIGN SERVICES (BRIDGE DESIGN ASSOCIATES, INC.) ...... 17 II.H.1. MARGO STANFORD DEVELOPER'S AGREEMENT - FINAL PAYMENT AND RELEASE OF RETAINAGE FOR WATER MAIN REPLACEMENT ON 9TH PLACE, 9TH STREET AND 8TH PLACE BETWEEN 6TH AVENUE AND 7TH AVENUE..................................18 13.A. CHAIRMAN MACHT - OFFICE OF COUNTY ATTORNEY - EMPLOY DEPUTY COUNTY ATTORNEY WILLIAM G. COLLINS II AS COUNTY ATTORNEY...........................................19 14.A. EMERGENCY SERVICES DISTRICT..............................................19 14.B. SOLID WASTE DISPOSAL DISTRICT............................................19 14.C. ENVIRONMENTAL CONTROL BOARD........................................19 5 MARCH 18, 2003 March 18, 2003 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 251h Street, Vero Beach, Florida, on Tuesday, March 18, 2003, at 9:00 a.m. Present were Kenneth R. Macht, Chairman, and Commissioners Fran B. Adams, Thomas S. Lowther, and Arthur R. Neuberger. Vice Chairman Carolyn D. Ginn was absent on vacation. Also present were James E. Chandler, County Administrator; William G. Collins, II, Deputy County Attorney; and Maria I. Suesz, Deputy Clerk. 1. CALL TO ORDER Chairman Macht called the meeting to order at 9:00 a.m. 2. INVOCATION Planning Director Stan Boling delivered the Invocation. 3. PLEDGE OF ALLEGIANCE County Administrator James E. Chandler led the Pledge of Allegiance to the Flag. 1 MARCH 18, 2003 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS The Chairman announced the following additions, deletions and replacements to the Agenda: 1. Add Item 5., Address by Emergency Services Director John King. 2. Replace backup Item 7.E. page 12, Appointment to the Emergency Services District Advisory Services Committee (ESDAC). 3. Delete Item 7.K., Health Insurance Portability and Accountability Act (HIPAA). 4. Add Item 7.M., Resignation of Emergency Services District Advisory Committee (ESDAC) member. 5. Replace backup Item 11.C.2. pages 123 through 131, Traffic Study for New Administration Building. 6. Correct Backup Item 14.13.2., Title Corrected - IRC Solid Waste Disposal District Class I Landfill Operations Management Post Closure Contract. ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board by a 4-0 vote (Vice Chairman Ginn absent) unanimously made the above changes to the Agenda. 5. ADDRESS BY EMERGENCY SERVICES DIRECTOR JOHN KING Emergency Services Director John King addressed President George Bush's speech to the Nation from the night before announcing that unless Saddam Hussein leaves Iraq within 48 hours the United States may go to war. During this speech the President warned Americans that terrorists may strike in retaliation and that puts our nation in a high alert. He advised the Board that an information program will be televised for one hour at 6:00 p.m. on Government Channel 13, Wednesday, March 191'' in the South County area and Channel 27 in North County. 2 MARCH 18, 2003 Representatives of local first responder agencies will give a ten minute presentation on what these threat levels mean to the residents of Indian River County. The program will provide a better understanding of the cooperation and coordination of information between local, federal and state agencies under our homeland security policies. 6. APPROVAL OF MINUTES None 7. CONSENT AGENDA 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, February, 2003 7.B. APPROVAL OF WARRANTS FEBRUARY28 —MARCH 6, 2003 ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board by a 4-0 vote (Vice Chairman Ginn absent) unanimously approved the list of Warrants as issued by the Clerk to the Board for February 28 to March 6, 2003, as recommended in the memorandum. 3 MARCH 18, 2003 7.C. METROPOLITAN PLANNING ORGANIZATION CITIZENADVISORY COMMITTEE (MPO CAC) - RE-ELECTION OF CHAIRMAN JULIANA YOUNG AND VICE CHAIRMAN CHARLES VOGT ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board by a 4-0 vote (Vice Chairman Ginn absent) unanimously acknowledged the re-election of Chairman Juliana Young and Vice Chairman Charles Vogt to the Metropolitan Planning Organization Citizen Advisory Committee for the year 2003, as recommended in the memorandum. 7.D. TREASURE COAST HEALTH COUNCIL - REAPPOINTMENT OF JOAN L. JOHNSON ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board by a 4-0 vote (Vice Chairman Ginn absent) unanimously reappointed Joan L. Johnson to the Treasure Coast Health Council for a two-year contract from August, 2002 to August, 2004, as recommended in the memorandum. 0 MARCH 18, 2003 7.E. EMERGENCYSERVICES DISTRICT ADVISORY COMMITTEE (ESDAC) - APPOINTMENT OF HADA STRINGER TO REPLACE CELESTE RINEHART ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board by a 4-0 vote (Vice Chairman Ginn absent) unanimously acknowledged the appointment of Hilda Stringer (District 2, Commissioner Neuberger) to the Emergency Services District Advisory Committee (ESDAC), as recommended in the memorandum. 7.F. PUBLIC LIBRARYADVISORYBOARD (PLAB) - RESIGNATION OF ARNOLD GROBMAN ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board by a 4-0 vote (Vice Chairman Ginn absent) unanimously acknowledged the resignation of Arnold Grobman as District 5 Representative to the Public Library Advisory Board (PLAB). 5 MARCH 18, 2003 7. G. RESOL UTION 2003-029 — PARTIAL RELEASE OF EASEMENT AT 14513TL'AvENUE (LOT 9. BLOCK A. INDIAN RIVER HEIGHTS UNIT 6) (BRIAN L UPREK) ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board by a 4-0 vote (Vice Chairman Ginn absent) unanimously adopted Resolution 2003-029 for partial release of easement at 145 131'' Avenue (Lot 9 Block A, Indian River Heights Unit 6), as recommended in the memorandum. RESOLUTION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.11. SEBASTIAN SEA CREST MEDICAL OFFICES BUILDING - FINAL PAYMENT BY COUNTY TO DEVELOPER FOR CONSTRUCTION OF OFF-SITE UTILITIES ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board by a 4-0 vote (Vice Chairman Ginn absent) unanimously approved the County's share for the actual cost of off-site improvements in an amount of $5,429.46, and final payment to the Developer in this amount, as recommended in the memorandum. 0 MARCH 18, 2003 U FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES - APPROVAL OF THE INTERIM ASSISTANCE REIMBURSEMENT AGREEMENT (IAR)(HEAL THDEPARTMENT) ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board by a 4-0 vote (Vice Chairman Ginn absent) unanimously approved and authorized the Chairman to sign the Agreement with the Florida Department of Children and Families for Interim Assistance Reimbursement, as recommended in the memorandum. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD U RESOL UTION 2003-030 - MISCELLANEOUS BUDGET AMENDMENT OO 7 ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board by a 4-0 vote (Vice Chairman Ginn absent) unanimously adopted Resolution 2003-030 amending the fiscal year 2002/03 budget, as recommended in the memorandum. RESOLUTION WITH EXHIBIT A - AMENDMENT 007 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.K. HEAL TH INS URANCE PORTABILITY AND ACCOUNTABHITYACT (HIPAA) 7 MARCH 18, 2003 Withdrawn U. BEACHPRESERVATION-APPLIED TECHNOLOGYAND MANAGEMENT. INC - APPROVAL OF CONTRACT AMENDMENT No. 6 ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board by a 4-0 vote (Vice Chairman Ginn absent) unanimously approved Amendment No. 6 to the Contract with Applied Technology and Management, Inc. in the amount of $291,205.00. Costs associated with this Contract Amendment are eligible for cost sharing with the Florida Department of Environmental Protection under Grant Agreement 98IR1 at a ratio of 50% State/50% local. Funding of the County's share of $145,602.50 is from the Beach Preservation Fund 12814472-066510-99006, as recommended in the memorandum. AMENDMENT NO. 6 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD MARCH 18, 2003 7.M. EMERGENCYSERVICES DISTRICT ADVISORY COMMITTEE (ESDAC) - ACCEPTANCE OF RESIGNATION OF CELESTE RINEHART ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board by a 4-0 vote (Vice Chairman Ginn absent) unanimously acknowledged the resignation of Celeste Rinehart, District 2 Representative from Emergency Services District Advisory Committee (ESDAC), as recommended in the memorandum. 9.A.1. PUBLIC HEARING - PROPOSED ORDINANCE DENIED - MODIFYING THE PLANNED DEVELOPMENT (PD) APPROVED CONCEPTUAL PLAN AND PD ZONING FOR "THE COLONY" RESIDENTIAL PROJECT -13TH STREET SW ON THE NORTH, 17TH STREET SW ON THE SOUTH, 27TH AVENUE ON THE EAST AND 43" AVENUE ON THE WEST (KNIGHT, MCGUIRE & ASSOCIATES, INC.) - (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling reviewed the approved Planned Development (PD) rezoning and conceptual PD plan for "The Colony" residential project from October 24, 2000 and presented aerial photographs of the existing site explaining the proposed amendments for approximately 297 acres of land generally located between 131h Street SW on the North, 171h 0 MARCH 18, 2003 Street SW on the South, 271h Avenue on the East and 43rd Avenue on the West. This amendment would eliminate the golf course and driving range, replacing them with additional preservation of native pine woods and changing lot sizes to develop duplexes instead of high-rise condominiums. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. Roy Hirschfeld, 4055 121h Street SW, Vero Beach, accused the County planners of being biased by failing to compare The Colony's proposed 55 and 65 foot wide lots with the neighboring subdivisions' lots, the narrowest being 80 feet wide. Mr. Hirschfeld also spoke on behalf of neighboring subdivision residents who due to work could not attend the commission meeting. He said they were in opposition to the golf course being eliminated and the reduction in lot sizes. They believed these changes would diminish the property values of nearby subdivisions. He asked the Commissioners to form a committee and to hold an evening meeting so residents can seek alternative suggestions. Doreen Stone, 1425 33rd Ave, Vero Beach, said the residents of Grovenor Estates felt deceived by The Colony developers after they first presented plans for a golf course in 2000 and are now trying to change the plan. They believe the golf course is a beautiful enhancement to the community and that the proposed amendments will drive down their property values. She supported Roy Hirschfeld in his recommendation to postpone a decision until a new plan is submitted. Doug Campbell, 121 401'' Avenue SW, Shady Oaks, spoke in opposition to the proposed amendments. His neighbors were excited about having a golf course in their back yard. He felt that they were blindsided by the golf course and now they are being led astray by substituting low cost housing. 10 MARCH 18, 2003 Bob Johnson, Coral Winds Subdivision, said he supported the previous speakers and thought the addition of the recreation facilities would keep taxpayers from having to pay additional ad valorem taxes in the South County. Cole Sullivan, 2101 151'' Street, Vero Beach, believed if the developers said they were going to build a golf course two years ago, they should follow through with it. He said a golf course would be a very good revenue source for the County. He felt the project should be abandoned if the golf course is being removed. Brian Heady, Vero Beach, said the # 1 revenue source in the State of Florida is tourism and 42 is agriculture (citrus). He was opposed to the amendments. He asked if any Commissioner could identify the number of new homes and whether the water available to us today can support that number without increasing sewer systems, fire, police and roads. If the golf course can't be built, he felt the land should revert back to agriculture. Attorney Bruce Barkett, 756 Beachland Blvd, Vero Beach, representing Knight, McGuire and Associates, argued in defense of the opposing comments and clarified that the Planning & Zoning Commission focused on improvements to the existing plan by increasing open space, preserving uplands, preserving wetlands, and reducing multi -family density through the use of duplexes. Scott McGuire, of Knight, McGuire & Associates, the agent for The Colony Development Associates, LLC, explained the project modifications are proposed improvements to the originally approved Planned Development. These modifications were made through the planned development process. Workshops were held, the planned development ordinance was consulted and the modifications were fine-tuned. He believed the necessary criteria had been met. This planned development preserves natural features on the ground, provides a better impact to wetlands and increases buffers. He did not believe there is a problem with 1.85 units 11 MARCH 18, 2003 per acre, but there is a problem with the lot sizes. Decreasing the lot size makes it possible for them to provide these improvements. In regard to the golf course, there is no market for it now, which wasn't the case when they originally put the project together. The Chairman asked if anyone else wished to be heard with regard to this matter. There being none, the Chairman closed the public hearing. Commissioner Lowther had a problem with the lot sizes. Being a resident of Grovenor Estates and in opposition to the modifications, he felt that he should not express his opinion and asked the Deputy County Attorney for his advice. Deputy County Attorney Collins advised Commissioner Lowther not to eliminate himself unless he had a financial interest that would be impacted by any decision. Commissioner Lowther then stated that he stands in opposition to the proposed amendments. Commissioner Adams defined the advantages in the proposed amendments and felt they were looking at a better plan than originally approved in 2000. She felt if the problem is density and the issue of planned developments then she believed the regulations need to be amended. She felt it would be nice to offer different plans throughout the County. MOTION was made by Commissioner Adams, SECONDED by Commissioner Neuberger, to approve the request to modify the Planned Development Conceptual Plan and the Planned Development Zoning for "The Colony", as recommended by staff, and to instruct staff to develop a workshop on how to deal with the Planned Development process overall. 12 MARCH 18, 2003 Commissioner Lowther said he was confused and questioned how many times staff would be able to come back with changes to a planned development? Commissioner Adams responded that each time they come back it is usually an improvement. Chairman Macht felt that the planned development process should be retained and that they could maintain a limited lot size. However, he believed there is a good deal of difference between a single-family residence and a duplex and how it works in a neighborhood. He preferred having a single-family structure as there is self policing by the owners who live there. Generally, a duplex is not occupied by the owner. Also, he stated that he did not feel there was any "bait and switch" or underhandedness on the part of the developer. However, he still could not support this proposal. THE CHAIRMAN CALLED THE QUESTION and the motion failed by a 2-2 vote, (Chairman Macht and Commissioner Lowther opposed and Commissioner Ginn absent). The Chairman called a brief recess at 10:15 a.m. and the Board reconvened at 10:25 a.m. with the same members present. 13 MARCH 18, 2003 9.B.I. PUBLIC DISCUSSION ITEM - INDIAN RIVER LAGOON REGIONAL ENVIROTHON - FIVE VERO BEACH HIGH SCHOOL STUDENTS TO DISCUSS THE IMPORTANCE OF AGRICULTURE (KEVIN SULLIVAN) Cole Sullivan 2101 151'' Street; Josh Marr, 437 101h Court; Sam Monroe, 7387 61St Street; Jon Fichtelman, 1212 Castaway Boulevard; and Colin Rawls, 151 23rd Avenue, students from Vero Beach High School, provided a handout and gave a 5 minute presentation on Agricultural Conservation and Preservation. Cole Sullivan stated it was a great honor to compete in the Indian River Lagoon Regional Envirothon on March 71h. They placed I" for their Special Topic concerning Agriculture Preservation in our county and they were also the Indian River County Champions for 2003. Commissioner Adams was asked to make arrangements for the students to make their presentation to the Agricultural Committee. 9.B.2. PUBLIC DISCUSSION ITEM - BRIAN HEADY TO DISCUSS CUTS TO VETERAN'S HEALTH BENEFITS Brian Heady of Vero Beach asked the Board to adopt a resolution and send it to congressional representatives stating that we are not in support of any cuts to veterans' health care benefits. Chairman Macht commented that Mr. Heady's presentation was well said and asked staff to obtain the House and Senate bills dealing with cuts to veterans benefits. 14 MARCH 18, 2003 9.B.3. PUBLIC DISCUSSION ITEM - TOMMY MCDOUGALD TO DISCUSS MARTIN LUTHER KING BOULEVARD PROJECT IN GIFFORD (FRONT PORCH) Tommy McDougald, 23 63rd S. W., recalled the Martin Luther King "Front Porch" Project. He stated that nothing has been done and he felt it was time for the County to do something about it. 11.C.1. INDIAN RIVER COUNTY SHERIFF'S JAIL RE -ROOFING PROJECT - CHANGE ORDER #1 (THE ROOF AUTHORITY) ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board, by a 4-0 vote (Vice Chairman Ginn absent) unanimously approved Change Order 41 to The Roof Authority Contract in the amount of $4,125.28 increasing the contract amount from $176,855.00 to $180,980.28 with no increase in time necessary to complete the re -roofing of the jail. The additional funding will come from the Local Option Sales Tax, the source of the existing funding, as recommended in the memorandum. CHANGE ORDER #1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.C.2. NEW ADMINISTRATION BUILDING - TRAFFIC IMPACT STUDY (KIMLEY-HORN & ASSOCIATES, INC.) 15 MARCH 18, 2003 ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board by a 4-0 vote (Vice Chairman Ginn absent) unanimously approved a modified contract with Kimley-Horn and Associates, Inc., for the traffic impact analysis for the new Administration Building for a lump sum amount not to exceed $10,000, as recommended in the memorandum. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.G.1. THIRD YEAR ARTIFICIAL REEF STUDY (PEP REEF) AGREEMENT - FLORIDA INSTITUTE OF TECHNOLOGY ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board by a 4-0 vote (Vice Chairman Ginn absent) unanimously approved the third year contract with Florida Institute of Technology. Funding to be from the Beach Preservation Fund 128-144-572, with cost reimbursement from Grant Agreement FWC-02105 as recommended in the memorandum. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 16 MARCH 18, 2003 11.G.2. RESOLUTION 2003-31 - DEPARTMENT OF TRANSPORTATION LANDSCAPE MAINTENANCE AGREEMENT - STATE ROAD 60 FROM EAST 58TH AVENUE (MP27.01) TO WEST OF 43" AVENUE (MP28.090) - STATE PROJECT 88060000 ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, the Board by a 4-0 vote (Vice Chairman Ginn absent) unanimously adopted Resolution 2003-031 approving a Florida Department of Transportation Memorandum of Agreement FM 4228568-1-52-01, for landscaping and irrigation improvements for SR 60 from East 58th Avenue to West of 43rd Avenue. (Funding for maintenance from the Parks Division budget and Road and Bridge Division budget) COPY OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.G.3. 43" AVENUE BRIDGE OVER SOUTH RELIEF CANAL, OLD DIXIE HIGHWAY BRIDGE OVER SOUTH RELIEF CANAL, 5TH STREET S.W. BRIDGE OVER 43" AVENUE DITCH - PROFESSIONAL CIVIL ENGINEERING SERVICES AGREEMENT FOR CIVIL ENGINEERING AND BRIDGE DESIGN SERVICES (BRIDGE DESIGN ASSOCIATES, INC.) 17 MARCH 18, 2003 ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, the Board by a 4-0 vote (Vice Chairman Ginn absent) unanimously authorized the Chairman to execute the Agreement with Bridge Design Associates, Inc. for civil engineering and bridge design services for three projects: 43rd Avenue bridge over South Relief Canal; Old Dixie Highway bridge over South Relief Canal, and 51h Street S. W. bridge over 43rd Avenue ditch, as recommended in the memorandum. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.H.1. MARGO STANFORD DEVELOPER'S AGREEMENT - FINAL PAYMENT AND RELEASE OF RETAINAGE FOR WATER MAIN REPLACEMENT ON 9TH PLACE, 9TH STREET AND 8TH PLACE BETWEEN 6TH AVENUE AND 7TH AVENUE ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board by a 4-0 vote (Vice Chairman Ginn absent) unanimously approved the Final Payment including all retainage held, inclusive of Change Order No. 2, in the total amount of $31,645.00 to Margo Stanford, as recommended in the memorandum. UK MARCH 18, 2003 CHANGE ORDER FORM AND INVOICE ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13.A. CHAIRMAN MACHT - OFFICE OF COUNTY ATTORNEY - EMPLOY DEPUTY COUNTY ATTORNEY WILLIAM G. COLLINS II AS COUNTY ATTORNEY ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board by a 4-0 vote (Vice Chairman Ginn absent) unanimously approved employing Deputy County Attorney William G. Collins II, as County Attorney and empowered him to employ an Assistant County Attorney and contract for short-term assistance as necessary, as recommended in the memorandum. 14.A. EMERGENCY SERVICES DISTRICT None. 14.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. 14.C. ENVIRONMENTAL CONTROL BOARD None 19 MARCH 18, 2003 ALL BACKUP DOCUMENTATION, RESOLUTIONS, ORDINANCES AND CONTRACTS 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 10:40 a.m. ATTEST: Jeffrey K. Barton, Clerk Minutes Approved: BCC/MIS/3003Minutes 20 MARCH 18, 2003 Kenneth R. Macht, Chairman