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Home My WebLink About7/1/2003INDEX TO MINUTES OF THE REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF JULY 1, 2003 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------------------------------------------------- 2 6. APPROVAL OF MINUTES - JUNE 3, 2003 N 7. CONSENT AGENDA-------------------------------------------------------------------------------- 3 7.A. APPROVAL OF WARRANTS -JUNE 13 -19,2003 ........................................................... 3 7.B. ANNUAL COUNTY TAX DEED APPLICATIONS................................................................. 3 7. C. FORFEITURE LAW ENFORCEMENT TRUST FUND FOR K-9 REPLACEMENT ..................... 3 7.D. MILDRED MCCLEARY'S WORKERS' COMPENSATION CLAIM OJCC NO. 03-007398PSL; 03-006988PSL SETTLEMENT FORMER EMPLOYEE OF THE SHERIFF'S OFFICE).............................................................................................. 4 7.E. RESOLUTION 2003-073 - PROPERTYACQUISITION - TAX CANCELLATION -DELORES P. WILLIS, OSLO ROAD RIGHT -OF -WAY ...................................................... 4 JULY 1, 2003 1 7.F. OLD FELLSMERE SCHOOL EXTENSION OF HISTORIC PRESERVATION GRANT NO. SC250, AMENDMENT NUMBER TWO .......................................................... 4 7.G. EVALUATION OF HEALTH DEPARTMENT'S HVAC (HEATING, VENTILATION, AIR CONDITIONING) - TLC ENGINEERING, INC (TILDEN LOBINTZCOOPER)........................................................................................................ 5 7.H. HVAC (HEATING, VENTILATION, AIR CONDITIONING) UPGRADES AGREEMENT FOR CAFETORIUMAT OLD DOUGLAS SCHOOL (DASIE HOPE CENTER) - TLC ENGINEERING, INC............................................................................ 5 7.1. RESOL UTIoN 2003-074 - FY2002-2003 BUDGETAMENDMENT #011 ........................... 6 7.J. FLOODPLAIN CUT AND FILL BALANCE WAIVER - LOT 13, BLOCK 12, VERO LAKE ESTATES, UNIT 2 - MGB CONSTRUCTION, INC (8406 92"D AVENUE 6 7.K FLOODPLAIN CUT AND FILL BALANCE WAIVER - LOT 13, BLOCK 24, VERO LAKE ESTATES, UNIT 5A - MGB CONSTR UCTION, INC ....................................... 6 7.L. INTERCOM/CAMERA EQUIPMENT AT INDIAN RIVER COUNTY JAIL - SIEMENS BUILDING TECHNOLOGIES, INC - FINAL PAYMENT AND RELEASE OF RETAINAGE.............................................................................................. 7 7.M. EAGLE TRACE SUBDIVISION FINAL PLAT APPROVAL - NATIONAL RESIDENTIAL PROPERTIES, INC - CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALKIMPROVEMENTS AND PERFORMANCE BOND ............................... 7 7.N. INLET AT SEBASTIAN -SITE PLAN EXTENSION - MOSBY & ASSOCIATES, INC (REQUESTED BY TOM SCOTT (QUASI-JUDICIAL) .................................................. 7 7.0. POLICYAUTHORIZING COUNTYBIDDING ON TAX DEED PARCELS ................................ 8 7.P. RIGHT-OF-WAYACQUISITION - 41 ST STREET BETWEEN 43" AVENUE AND 58TH AVENUE - PAUL EUGENE BARKWELL AND CHERYL BARKWELL - COUNTYPROJECT NO. 0016......................................................................................... 8 7.Q. METROPOLITAN PLANNING ORGANIZATION CITIZENS ADVISORY COMMITTEE (MPO CAC) - TOWN OF INDIAN RIPER SHORES - APPOINTMENT OF ROBERT G. BOWMAN REPLACING BRANDEN YATES.......................... 8 9.A.1. PUBLIC HEARINGS-------------------------------------------------------------------------------- 9 JULY 1, 2003 2 9.B.1. PUBLIC DISCUSSION ITEM -BRIAN HEADY -ISSUES RELATIVE TO THE TAX BURDEN AND EXPENDITURES OF INDIAN RIVER COUNTY RESIDENTS------------------------------------------------------------------------------------------- 9 9.C.1.A. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON JULY 8, 2003--------------------------------------------------------------------------------------------------- 9 1. INDIAN RIVER FARMS WATER CONTROL DISTRICT'S REQUEST FOR SPECIAL EXCEPTION USE APPROVAL FOR A GOVERNMENTAL ADMINISTRATION B UILDING (QUASI-JUDICIAE........................................................... 9 2. ROBERT LEE'S REQUEST TO ABANDON A PORTION OF 13' STREET RIGHT-OF-WAY, LYING BETWEEN 6TH AVENUE AND 4TH COURT (LEGISLATIVE............................................................................................................. 9 9.C.1.B. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING JULY 15, 200310 1. REAL ESTATE DEVELOPMENT AND INVESTMENT'S REQUEST TO REZONE APPROXIMATELY 141.57 ACRES FROM A-1 AND RS -3 TO PD AND TO APPROVE THE CONCEPTUAL PD PLAN FOR WOODFIELD AT VERO BEACH (FKA 26TH STREET RESIDENTIAL PROJECT) (LEGISLATIVE ......................................... 10 11.G.1. GIFFORD STORMWATER PROJECT - BOUNDARY SURVEYING SERVICES CONTRACT (IRC PROJECT NO. 9219); PROFESSIONAL LAND SURVEY SERVICES - WORK ORDER NO. 2A & 2B - LAWSON, NOBLE & WEBB, INC.------------------------------------------------------------------------------------------10 11.G.2. OSLO ROAD BOAT RAMP PROJECT - SURVEYING SERVICES CONTRACT (IRC PROJECT NO. 0381) - CARTER ASSOCIATES, INC. - WORK ORDER NO. 3A & 3B--------------------------------------------------------------------11 JULY 1, 2003 3 11.H.1. TROPIC GROVES GALVANIZED WATER MAIN SERVICES AND METER REPLACEMENT PROJECT - GEORGE E. FRENCH - WORK AUTHORIZATION DIRECTIVE NO. 2001-062 (UPC 2322) ------------------------------11 11.H.2. SOUTH COUNTY REVERSE OSMOSIS WATER TREATMENT PLANT MEMBRANE REPLACEMENTS - AMERICAN ENGINEERING SERVICES, INC. - FINAL PAYMENT (WIP NO. 471-169000-00502) -----------------------------------12 12.A. REQUEST TO WAIVE OR LOWER DEMOLITION LIEN INTEREST - THOMAS BLACKBURN AND JAMES A. WILLIAMS - DENIED - LOT 8, CANNON SUBDIVISION PLAT BOOK 2, PAGE 77, PARCEL NO. 27-32-39-00001-0000-00008.0----------------------------------------------------------------------12 13.C.1. COMMISISONER ADAMS - REPORT ON SEBASTIAN INLET SAND SETTLEMENT--------------------------------------------------------------------------------------13 14.A. EMERGENCY SERVICES DISTRICT 14.B. SOLID WASTE DISPOSAL DISTRICT 14.C. ENVIRONMENTAL CONTROL BOARD JULY 1, 2003 4 15 15 15 July 1, 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, July 1, 2003, at 9:00 a.m. Present were Chairman Kenneth R. Macht, Commissioners Fran B. Adams, Thomas S. Lowther, and Arthur R. Neuberger. Vice Chairman Caroline D. Ginn was absent due to an illness in her family. Also present were James E. Chandler, County Administrator; William G. Collins II, County Attorney; and Maria I. Suesz, Deputy Clerk. 1. CALL TO ORDER Chairman Macht called the meeting to order. 2. INVOCATION Reverend Robert K. Stull, Jr., Trinity Episcopal Church, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Neuberger led the Pledge of Allegiance to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS JULY 1, 2003 1 Chairman Macht requested the addition of Item 7.Q., Appointment of Robert G. Bowman to the Metropolitan Planning Organization Citizens Advisory Committee. ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously (4-0, Vice Chairman Ginn absent) made the above changes to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS None. 6. APPROVAL OF MINUTES - JUNE 3, 2003 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of June 3, 2003. There were none. ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Vice Chairman Ginn absent) approved the Minutes of the Regular Meeting of June 3, 2003, as written and distributed. JULY 1, 2003 2 7. CONSENT AGENDA 7.A. APPROVAL OF WARRANTS — JUNE 13 —19.2003 ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Vice Chairman Ginn absent) approved the list of Warrants as issued by the Clerk to the Board for June 13, 2003 through June 19, 2003, as requested. 7.B. ANNUAL COUNTY TAX DEED APPLICATIONS ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Vice Chairman Ginn absent) authorized the Chairman to sign the six applications and approved payment to the Tax Collector of the requested amount of $100.00 per parcel for title search or a total of $600.00, as requested. COPIES OF TAX DEED APPLICATIONS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.C. FORFEITURE LAW ENFORCEMENT TRUST FUND FOR K-9 REPLACEMENT ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Vice Chairman Ginn absent) approved $4,000.00 from the Sheriff's Law Enforcement Trust Fund to be used to purchase a replacement police dog, as requested. JULY 1, 2003 3 7.D. MILDRED MCCLEARY'S WORKERS' COMPENSATION CLAIM OJCC NO. 03-007398PSL; 03-006988PSL SETTLEMENT (FORMER EMPLOYEE OF THE SHERIFF'S OFFICE) The Board acknowledged settlement in the amount of $13,000 as approved by the Claims Review Committee. 7.E. RESOLUTION 2003-073 - PROPERTYACOUISITION - TAX CANCELLATION - DELORES P. WILLIS. OSLO ROAD RIGHT-OF-WAY ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Vice Chairman Ginn absent) adopted Resolution 2003-073 canceling taxes on publicly owned lands, pursuant to Section 196.28, Florida Statutes: (Delores P. Willis, Oslo Road right-of-way). 7.F. OLD FELLSMERE SCHOOL EXTENSION OF HISTORIC PRESERVATION GRANT NO. SC250. AMENDMENT NUMBER TWO ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Vice Chairman Ginn absent) approved the Historic Preservation Grant Award Agreement Amendment Number Two, Grant No. SC520 (extension of the Old Fellsmere School Historical Grant to September 30, 2003), as recommended in the memorandum. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD JULY 1, 2003 4 7.G. EVALUATION OF HEALTH DEPARTMENT'S HVAC (HEATING. VENTILATION. AIR CONDITIONING) - TLC ENGINEERING. INC (TILDEN LOBINTZ COOPER) ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Vice Chairman Ginn absent) approved the HVAC Evaluaton Agreement with TLC Engineering, Inc. (Tilden Lobintz Cooper) in the amount of $3,800, for the air conditioning system evaluation, as recommended in the memorandum. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.H. HVAC (HEATING. VENTILATION. AIR CONDITIONING) UPGRADES AGREEMENT FOR CAFETORIUM AT OLD DOUGLAS SCHOOL (DASIE HOPE CENTER) - TLC ENGINEERING. INC. ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Vice Chairman Ginn absent) approved the Douglas Cafetorium HVAC Upgrades Agreement with TLC Engineering, Inc. (Tilden Lobintz Cooper), in the amount of $3,900, for a new air conditioning system at the Old Douglas School, as recommended in the memorandum. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD JULY 1, 2003 5 7.L RESOLUTION 2003-074 - FY2002-2003 BUDGETAmENDmENT #011 ON MOTION by Commissioner Lowther, SECONDED by Commissioner Neuberger, the Board unanimously (4-0, Vice Chairman Ginn absent) approved Resolution 2003-074 amending the fiscal year 2002-2003 Budget (Amendment #011). 7.J. FLOODPLAIN CUT AND FILL BALANCE WAIVER - LOT 13. BLOCK 12. VERO LAKE ESTATES. UNIT 2 - MGB CONSTR UCTION. INC. (8406 92ND A VENUE) ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Vice Chairman Ginn absent) granted the Cut and Fill Balance Waiver for Lot 13, Block 12, Vero Lake Estates, Unit 2, as recommended in the memorandum. (Alternative No. 1) 7.K FLOODPLAIN CUT AND FILL BALANCE WAIVER - LOT 13. BLOCK 24. VERO LAKE ESTATES. UNIT 5A - MGB CONSTR UCTION, INC. ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Vice Chairman Ginn absent) granted the Cut and Fill Balance Waiver for Lot 13, Block 24, Vero Lake Estates, Unit 5A, based on the criteria of Stormwater Management and Flood Protection Ordinance Section 930.07(2)(4) 4, as recommended in the memorandum. (Alternative No. 1) JULY 1, 2003 6 7.L. INTERCOM/CAMERA EOUIPMENT AT INDIAN RIVER COUNTY .TAIL - SIEMENSBUILDING TECHNOLOGIES. INC. - FINAL PAYMENTAND RELEASE OF RETAINAGE ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Vice Chairman Ginn absent) approved the release of the retained funds and final payment to Siemens Building Technologies, Inc., in the amount of $13,908.50, as recommended in the memorandum. 7.M. EAGLE TRACE SUBDIVISION FINAL PLAT APPROVAL - NATIONAL RESIDENTIAL PROPERTIES. INC. - CONTRACT FOR CONSTRUCTION OF REQUIRED SIDERALKIMPROVEMENTS AND PERFORMANCE BOND ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Vice Chairman Ginn absent) granted final plat approval for Eagle Trace Subdivision, authorized the Chairman to sign the Contract for Construction and any security documents and to accept the security, as recommended in the memorandum. 7.N. INLET AT SEBASTIAN -SITE PLAN EXTENSION - MOSBY & ASSOCIATES. INC. (REOUESTEDBYTom SCOTT) (OUASI-JUDICIAL) ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Vice Chairman Ginn absent) approved the one-year extension of the conditional site plan for the Inlet at Sebastian to expire June 13, 2004, with all original approval conditions to remain in effect, as recommended in the memorandum. JULY 1, 2003 7 7.0. POLICYAUTHORIZING COUNTYBIDDING ON TAX DEED PARCELS ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Vice Chairman Ginn absent) authorized County personnel to bid on any tax deed parcels that would be needed for future County use, as recommended in the memorandum. 7.P. RIGHT-OF-WAYACoUISITION - 41ST STREET BETWEEN 43" AVENUE AND 58TH AVENUE - PAUL EUGENE BARKWELL AND CHERYL BARKWELL - COUNTYPROJECT NO. 0016 ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Vice Chairman Ginn absent) approved the $11,340.00 purchase of the Right -of -Way from Paul Eugene Barkwell and Cheryl Barkwell, authorized the Chairman to execute the agreement to purchase and sell real estate, and approved funding, as set out in the memorandum. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.0. METROPOLITAN PLANNING ORGANIZATION CITIZENS ADVISORY COMMITTEE (MPO CAC) - TOWN OF INDIAN RIVER SHORES - APPOINTMENT OF ROBERT G. BOWMAN REPLACING BRANDEN YATES JULY 1, 2003 8 The Board unanimously acknowledged the appointment of Robert G. Bowman to the Metropolitan Planning Organization Citizens Advisory Committee (MPOCAC) by the Town of Indian River Shores. 9.A.1. PUBLIC HEARINGS None. 9.B.1. PUBLIC DISCUSSION ITEM - BRIAN HEADY - ISSUES RELATIVE TO THE TAX BURDEN AND EXPENDITURES OF INDIAN RIVER COUNTY RESIDENTS Brian Heady, Vero Beach, opened his discussion referring to the previous Board meeting when he spoke of the "Blue Wall of Silence. He gave a definition of the phrase and implied that the "Blue Wall of Silence" was a practice of the Board. Chairman Macht recommended Mr. Heady contact the State Attorney if he had evidence of a criminal act and stated that his discussion did not relate to the item he addressed in his letter of June 24th Mr. Heady continued his discussion, ignoring the comments made by the Chairman. Chairman Macht asked that Mr. Heady be escorted to his seat. 9.C.1.A. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON JULY 8, 2003 1. INDIAN RIVER FARMS WATER CONTROL DISTRICT'S REQUEST FOR SPECIAL EXCEPTION USE APPROVAL FOR A GOVERNMENTAL ADMINISTRATIONBUILDING (OUASI-JUDICIAL) 2. ROBERT LEE'S REOUEST TO ABANDON A PORTION OF 13' STREET RIGHT-OF-WAY, LYING BETWEEN 6TH AVENUE AND 4TH COURT (LEGISLATIVE) JULY 1, 2003 9 The Chairman read the notice into the record. 9.C.1.B. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING JULY 15, 2003 1. REAL ESTATE DEVELOPMENT AND INVESTMENT'S REOUEST TO REZONE APPROXIMATELY 141.57 ACRES FROM A-1 AND RS -3 TO PD AND TO APPROVE THE CONCEPTUAL PD PLAN FOR WOODFIELD AT VERO BEACH (FKA 26TH STREET RESIDENTIAL PROJECT) (LEGISLATIVE) The Chairman read the notice into the record. 11.G.1. GIFFORD STORMWATER PROJECT - BOUNDARY SURVEYING SERVICES CONTRACT (IRC PROJECT NO. 9219); PROFESSIONAL LAND SURVEY SERVICES - WORK ORDER NO. 2A & 2B - LAWSON, NOBLE & WEBB, INC. ON MOTION by Commissioner Lowther, SECONDED by Commissioner Neuberger, the Board unanimously (4-0, Vice Chairman Ginn absent) approved the Work Order 42 Professional Land Survey Services 2A and 2B with Lawson, Noble and Webb, Inc. and authorized the Chairman to execute same, as recommended by staff. WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD JULY 1, 2003 10 11.G.2. OSLO ROAD BOAT RAMP PROJECT - SURVEYING SERVICES CONTRACT (IRC PROJECT NO. 0381) - CARTER ASSOCIATES, INC. - WORK ORDER NO. 3A & 3B ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, the Board unanimously (4-0, Vice Chairman Ginn absent) approved the Professional Surveying Services Agreement and Work Order No. 3A and 3B with Carter Associates, Inc. for the Oslo Road Boat Ramp Project, and authorized the Chairman to execute the same, as recommended by staff. WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.H.1. TROPIC GROVES GALVANIZED WATER MAIN SERVICES AND METER REPLACEMENT PROJECT - GEORGE E. FRENCH - WORK AUTHORIZATION DIRECTIVE NO. 2001-062 (UPC 2322) ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, the Board unanimously (4-0, Vice Chairman Ginn absent) approved the Tropic Groves Galvanized Water Main Services and Meter Replacement Project for a total estimated cost of $208,038.00, including 10% contingency for labor, and authorized the Chairman to execute Work Authorization Directive No. 2001-062 to the Utilities Department Labor Contractor, JULY 1, 2003 11 George E. French, authorizing payment to him of up to $154,362.00, as recommended by staff. WORK AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.H.2. SOUTH COUNTY REVERSE OSMOSIS WATER TREATMENT PLANT MEMBRANE REPLACEMENTS - AMERICAN ENGINEERING SERVICES, INC. - FINAL PAYMENT (WIP NO. 471-169000-00502) ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously (4-0, Vice Chairman Ginn absent) approved Final Payment including all retainage held, in the total amount of $37,612.70 to American Engineering Services, Inc., as recommended by staff. 12.A. REOUEST TO WAIVE OR LOWER DEMOLITION LIEN INTEREST - THOMAS BLACKBURN AND JAMES A. WILLIAMS - DENIED - LOT 8, CANNON SUBDIVISION PLAT BOOK 2, PAGE 77, PARCEL NO. 27-32-39-00001-0000-00008.0 County Attorney Collins reviewed Mr. Blackburn's proposal as detailed in his memorandum (copy on file with the backup) and asked the Board for direction on whether to waive or lower the demolition lien interest in order to get the lien paid off. Thomas Blackburn, 121 Landover Drive, Sebastian, reaffirmed his situation as explained by Attorney Collins and apologized to the Board for the oversight. JULY 1, 2003 12 After a brief question and answer period regarding the property location and interest rates, County Administrator Chandler explained his concern about being non -consistent and setting precedents should the Board decide to change the interest rate. Assistant County Administrator Joe Baird stated that the interest rate is set in January each year and the policy always is not to waive liens or accrued interest. Commissioner Adams pointed out it would be unfair to others to set precedent in terms of waiving interest and payments. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Neuberger for discussion, to deny waiving or lowering the interest accrued on the demolition lien. The question and answer period continued clarifying that Mr. Blackburn recently settled another lien, giving him the ability to sell his home. Also, Mr. Blackburn could set up a payment plan with the County Attorney. The Chairman called the QUESTION and the motion to deny the request carried (3-1, Vice Chairman Ginn absent and Commissioner Lowther opposed). 13.C.1. COMMISISONER ADAMS - REPORT ON SEBASTIAN INLET SAND SETTLEMENT Commissioner Adams explained the Court found that Sebastian Inlet has trapped and continues to trap a significant amount of sand or sediment and has removed and continues to remove such sediment from the off shore processes leading to and causing the erosion experienced on the beaches as far south as Marker R30. The judge felt that Robert Dean, who was appointed by the Department of Environmental Protection, would be an impartial witness and sided with his JULY 1, 2003 13 report. However, the findings of Dr. Dean's study did not include properties south of R30. Therefore, they were not included in the settlement. She continued to explain that over the past ten years there has been no spirit of cooperation from the Sebastian Inlet Taxing District to work with Indian River County due to the fact that they were under the impression that our County had filed suit against them. Her concern is that unless there is some cooperation between Brevard County and Indian River County the erosion problem will become greater. Bill Glynn, 1802 Barefoot Place, expanded on the findings of the lawsuit and informed the Board that the Sebastian Inlet Taxing District is considering appealing the Court's decision although in the Inlet's testimony they admitted that 110,000 cubic yards of sand are being removed each year from the beaches due to the jetty at Sebastion Inlet. Mr. Glynn pointed out that the sand replacement agreement signed five years ago by representatives of the Sebastian Inlet Taxing District, Brevard County and Indian River County states that 70,000 cubic yards of sand would be replaced. Since then the Sebastian Inlet Taxing District issued orders to change 70,000 cubic yards to 70,000 tons. This is equivalent to 53,000 cubic yards of sand, and the price remained the same. He recommended that a negotiating team be created to work with the Sebastian Inlet Taxing District Commission and the Department of Environmental Protection (DEP) to install a sand transferring system as quickly as possible to the jetty; to talk with the Brevard County Commissioners regarding disbanding the Sebastian Inlet Taxing District Commission and establishing a new group representative of both counties; and to contact the DEP to investigate why the measurement was changed from cubic yards to tons, approximately 1/3 of the difference. Commissioner Adams expressed her feelings of unfairness to the taxpayers and added her concern with the operation of the Sebastian Inlet Taxing District in regard to the unusual meeting schedules, preventing attendance of the public. She would like to see the County Attorney investigate the contract. ON MOTION by Commissioner Lowther, SECONDED BY Commissioner Adams, the Board unanimously (4-0, Vice Chairman JULY 1, 2003 14 Ginn absent) authorized the County Attorney to investigate the agreement specifically in relation to the measurement change of cubic yards and tons. 14.A. EMERGENCY SERVICES DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes are being prepared separately. 14.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment of the Emergency Services District Meeting, 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. 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 9:41 a.m. ATTEST: JULY 1, 2003 15 Jeffrey K. Barton, Clerk Kenneth R. Macht, Chairman Minutes Approved: BCC/1VIIS/2003Minutes JULY 1, 2003 16