HomeMy WebLinkAbout9/2/2003INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF SEPTEMBER 2, 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.A. APPROVAL OF MINUTES — JULY 15, 2003 ..........................................2
6.11. APPROVAL OF MINUTES — JULY 22, 2003 ..........................................2
6.C. APPROVAL OF MINUTES — AUGUST 5, 2003 ......................................2
7. CONSENT AGENDA...................................................................................3
7.A. REPORTS
3
7.B. APPRonAL of WARRANTS -AUGUST 8-14, 2003 ......................................................3
7.C. APPROVAL of WARRANTS -AUGUST I5-21, 2003 ....................................................3
SEPTEMBER 2, 2003 1
7.D. ECONOMIC OPPORTUNITIES COUNCIL (EOC) -APPOINTMENT OFANJANI
CIRILLO.......................................................................................................................4
7.E. RESOLUTION2003-087-MISCELLANEOUSBUDGETAMENDMENTO16.....................4
7.F. RESOL UTION2003-088 -MISCELLANEOUS BUDGETAMENDMENT017 ....................4
7.G. RESOL UTION 2003-089 -FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) PUBLIC TRANSPORTATION JOINT PARTICIPATIONAGREEMENT
(COUNCIL ON AGING - COMMUNITY COACH).............................................................4
7.K APPROVAL oFANNUAL 2003 SHIP (STATE HOUSINGINITIATIVES
PARTNERSHIP) PROGRAMREPORTS...........................................................................5
7.L RESTORATION OF THE LOST TREE ISLANDS - PRO BONG SERVICES TO APPLY
FOR GRANTS- COASTAL TECHNOLOGY CORPORATION (COASTAL TECH) ................. 5
7.J. ANNUAL COUNTY TAX DEED APPLICATIONS.............................................................. 6
7.K RESOLUTIONS 2003-090/094 - TAX CANCELLATIONS ONPROPERTY
ACQUISITIONS -(2003-090) OLD SA VANNAHSUBDIVISIONRIGHT-OF-WAY-
16THSTREET; (2003-091)THE FOUNTAINSATAMBERLAKES,LLC-
RIGHT-OF-WAY-43RDAVENUE; (2003-092) PARKLANEESTATES, INC
RIGHT-OF-WAY- 58THAVENUE; (2003-093) PAUL & CHERYL BARKWELL -
RIGHT -OF -WAY -41ST STREET; (2003-094) OSLO VENTURELLC-
RIGHT-OF-WAY- 43RDA i'ENUE & Ono ROAD.......................................................... 6
7.L. DOUBLER AND D, INC. -REQUESTFOR FINAL PLATAPPROVAL - GRAND OAKS
ESTATES SUBDIVISION- CONSTRUCTION OF REQUIRED IMPROVEMENTS
CONTRA cT(SD- 03-03-11-CFC)................................................................................8
7.M. ST. JOHN'S Rii'ER WATER MANAGEMENTDISTRICT - RENEWAL OF FY2003104
COST-SHAREAGREEMENT FOR COUNTYWIDE REPAIR/PLUGGING OF
ABANDONED ARTESIAN WELLS..................................................................................8
7.N. FLORIDAFFINITY, INC. - ONE-YEAR CONTRACTEXTENSIONFOR
PROFESSIONAL SERVICES RELATING TO ENVIRONMENTAL LAND ACQUISITION ...... 9
7.0. BID#5051-AWARDED TONINETYFIVESOUTH,INC.TOPRESSURECLEAN THE
COURTHOUSE AND PARKING GARAGE, EXTERIOR PAINTING OF THE
COURTHOUSE (GENERAL SERflicESDEPARTMENTIBUILDING & GROUNDS
DIVISION)
SEPTEMBER 2, 2003 2
9
7.P. LIBRARYSERi'ICESAND TECHNOLGYACT GRANTAGREEMENTS-BORNTO
READ (PROJECTNUMBER 03-LSTA-D-06)..........................................................10
9.A.1. PUBLIC HEARING - ORDINANCE 2003-025/026 AMENDING
THE COMPREHENSIVE PLAN TO REDESIGNATE 14.1
ACRES FROM M-1TO C/I, AND TO REZONE THOSE 14.1
ACRES FROM RM -6 TO CL; AND TO AMEND THE
COMPREHENSIVE PLAN TO REDESIGNATE 23.8 ACRES
FROM C/I TO M-1, AND TO REZONE THOSE 23.8 ACRES
FROM CG TO RM -8; AND TO AMEND THE
COMPREHENSIVE PLAN TO REDESIGNATE 4 ACRES FROM
M-1 TO C/I AND TO REZONE THOSE 4 ACRES FROM RM -6
TO CG; AND TO REZONE 10.5 ACRES FROM RM -6 TO RM -8 -
REQUESTED BY GHA GRAND HARBOR (LEGISLATIVE)
(LUDA 2003-01-0231).................................................................................10
9.A.2. PUBLIC HEARING - ORDINANCE 2003-027 - COUNTY
INITIATED REQUEST TO AMEND THE RECREATION AND
OPEN SPACE AND CONSERVATION ELEMENTS OF THE
COMPREHENSIVE PLAN (LEGISLATIVE) (PLAN
AMENDMENT NUMBER: CPTA 2003010220-33742) ......................... 13
9.A.3. PUBLIC HEARING - ORDINANCE 2003-028 - COUNTY
INITIATED REQUEST TO AMEND THE COUNTY'S
COMPREHENSIVE PLAN TO REDESIGNATE ±47 ACRES OF
LAND FROM M-2 TO PUB AND TO REZONE 35.8 ACRES OF
THE LAND FROM RS -6 TO IG (41ST STREET AND W. OF 43"
AVENUE); TO REDESIGNATE 25.89 ACRES OF LAND FROM
C/I TO PUB AND TO REZONE THOSE 25.89 ACRES FROM IL
TO CG (PUBLIC WORKS MAINTENANCE FACILITY); AND
TO REZONE 19.61 ACRES FROM RS -6 TO CG (SHERIFF'S
SEPTEMBER 2, 2003 3
DEPARTMENT AND JAIL) (LEGISLATIVE).(PLAN
AMENDMENT NUMBER LUDA 2003010175-33672) (REZONE
NUMBER: REZON 2003010175 -34823) ..................................................13
9.A.4. PUBLIC HEARING - ORDINANCE 2003-029 - COUNTY
INITIATED REQUEST AMENDING THE LAND USE
ELEMENT BY CHANGING THE LAND USE DESIGNATION
FOR SIX PROPERTIES: SJ -STICK MARCH, SJ BERRY,
RANCH RESERVE, HALLSTROM FARMSTEAD, OYSTER
BAR MARSH, AND US FISH AND WILDLIFE TO C-1
CONSERVATION - PLAN AMENDMENT NUMBER - LUDA
2003-01-0184.................................................................................................15
9.B.1. PUBLIC DISCUSSION - BRIAN HEADY'S REQUEST TO
DISCUSS ELECTED REPRESENTATIVES AND THEIR
OBLIGATIONS TOWARD CITIZENS COMING TO PUBLIC
PODIUM.......................................................................................................17
9.B.2. PUBLIC DISCUSSION - MONOFILAMENT RECYCLE AND
RECOVERY PROGRAM - ELIZABETH KENNEDY - SENIOR
GIRL SCOUT GOLD AWARD PROJECT............................................17
9.B.3. PUBLIC DISCUSSION -ANDREW MOLLOY'S REQUEST TO
DISCUSS ORCHID ISLE ESTATES WATER AND SEWER
PROJECT.....................................................................................................18
11.B.1. EMERGENCY SERVICES - APPROVAL OF FY 2003/04
EMERGENCY MANAGEMENT, PREPAREDNESS AND
ASSISTANCE TRUST FUND SUBGRANT AGREEMENT
(EMPA/EMPG) - DEPARTMENT OF COMMUNITY
SEPTEMBER 2, 2003 4
AFFAIRS/DIVISION OF EMERGENCY MANAGEMENT
(FDCA/DEM) - CONTRACT NUMBER 04BG-04-10-40-01-031......... 20
11.C.1. HIRING PROCESS FOR COUNTY EXTENSION DIRECTOR
AND WATER QUALITY AGENT...........................................................22
11.C.2. SHERIFF - CONCEPTUAL APPROVAL OF LAW
ENFORCEMENT PISTOL RANGE - FLORIDA FISH AND
WILDLIFE CONSERVATION COMMISSION (FFWCC).................22
11.L1 SMALL COUNTY OUTREACH PROGRAM AMENDMENT TO
GRANT AGREEMENT - DEPARTMENT OF
TRANSPORTATION (AMENDMENT NO. ONE) - OSLO ROAD
- MILLING AND RESURFACING.........................................................22
11.I.2. SELECTION OF PROFESSIONAL LAND SURVEY FIRMS FOR
THE ANNUAL SURVEYING AND MAPPING SERVICES
CONTRACT - RFQ #5085 - BURDETTE & ASSOCIATES, INC.,
CARTER ASSOCIATES, INC., CREECH ENGINEERING,
KIMLEY-HORN & ASSOCIATES, INC., MASTELLER, MOLER
AND REED, INC., AND MORGAN EKLUND, INC .............................23
11.L3 RESOLUTION 2003-095 - OSLO BOAT RAMP
IMPROVEMENTS - FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) -
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION(FDEP)..............................................................................24
11.I.4 RIGHT-OF-WAY ACQUISITION SERVICES MASTER
AGREEMENT AND WORK ORDER NO. 1- FOUR
SEPTEMBER 2, 2003 5
RIGHTS-OF-WAY ALONG 41ST STREET AND 2
RIGHTS-OF-WAY ALONG CR -512 - AMERICAN
ACQUISITION GROUP, INC..................................................................25
11.J.1. REGIONAL SLUDGE TREATMENT FACILITY - ODOR
CONTROL IMPROVEMENTS PHASE 1- REIMBURSEMENT
TO WCG, INC. WORK AUTHORIZATION #6 FOR
ADDITIONAL ENGINEERING/CONSTRUCTION SERVICES -
CHANGEORDER#2.................................................................................26
11.J.2. RATE MODIFICATION TO ACCOMMODATE FELLSMERE
SERVICE AREA THROUGH SPECIAL BULK RATE - UCP
#2363 - CAMP DRESSER AND MCKEE, INC. (CDM) - WORK
AUTHORIZATION#7...............................................................................27
11.J.3. RESOLUTION 2003-096/097 - MEADOWLARK WOODS
SUBDIVISION - PETITION WATER SERVICE - 61ST AVENUE
NORTH OF 41ST STREET PRELIMINARY ASSESSMENT
RESOLUTIONS I AND II (PROJECT NO. UCP -2324) ........................27
12.A. COUNTY ATTORNEY - LAUREL RESERVE SUBDIVISION
EASEMENTS (SEBASTIAN)...................................................................28
13.A. CHAIRMAN MACHT - INDIAN RIVER ASTRONOMY CLUB ...... 29
13.C. COMMISSIONER ADAMS - TRASH FRANCHISE HAULERS'
AGREEMENT.............................................................................................30
SEPTEMBER 2, 2003 6
DOCUMENTS TO BE ADDED TO THE RECORD - FY 2003-2004 FDEP
WASTE TIRE GRANT APPLICATION................................................30
14.A. EMERGENCY SERVICES DISTRICT..................................................30
14.B. SOLID WASTE DISPOSAL DISTRICT.................................................30
14.C. ENVIRONMENTAL CONTROL BOARD.............................................31
SEPTEMBER 2, 2003 7
September 2, 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 25th Street, Vero Beach, Florida, on Tuesday,
September 2, 2003, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Caroline D. Ginn,
Vice Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Arthur R.
Neuberger. Also present were James E. Chandler, County Administrator; William G. Collins II,
County Attorney; and Maria L Suesz, Deputy Clerk.
1. CALL TO ORDER
Chairman Macht called the meeting to order.
2. INVOCATION
Planning Division Director Stan Boling 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
Add: 9.13.3., Andrew Molloy - Orchid Isle Estates Water and Sewer Project.
13.A., Chairman Macht — Astronomy Club Use of the Courthouse
Parking Garage
13.C., Commissioner Adams — Franchise Haulers' Agreement
Add Backup: 7.E., Resolution, Miscellaneous Budget Amendment 016, page 21.A.
Replace: 9.A.1., Replace page 201, Grand Harbor's Request to Amend the
Comprehensive Plan
SEPTEMBER 2, 2003 1
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously made the above changes to the
Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
None.
6.A. APPROVAL OF MINUTES - JULY 15, 2003
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of July 15, 2003. There were none.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board unanimously approved the Minutes of
the Regular Meeting of July 15, 2003, as written and distributed.
6.11. APPROVAL OF MINUTES - JULY 22, 2003
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of July 22, 2003. There were none.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board unanimously approved the Minutes of
the Regular Meeting of July 22, 2003, as written and distributed.
6.C. APPROVAL OF MINUTES - AUGUST 5, 2003
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of August 5, 2003. There were none.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board unanimously approved the Minutes of
the Regular Meeting of August 5, 2003, as written and distributed.
SEPTEMBER 2, 2003 2
7. CONSENT AGENDA
Commissioner Neuberger and Commissioner Ginn requested Item 7.G. and Item 7.I.
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:
Vero Lakes Water Control District Notice of Meeting of 09/15/03 at 9:30 a.m., 3333
20th Street, Vero Beach, Florida - to elect 2 supervisors, receive reports and transact
other business
7.B. APPROVAL OF WARRANTS —AUGUST 8 — I4, 2003
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously approved the list of
Warrants as issued by the Clerk to the Board for August 8 — 14, 2003,
as requested.
7.C. APPROVAL OF WARRANTS —AUGUST 15 — 21, 2003
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously approved the list of
Warrants as issued by the Clerk to the Board for August 15 — 21, 2003,
as requested.
SEPTEMBER 2, 2003 3
7.D. ECONOMIC OPPORTUNITIES COUNCIL (EOC) —APPOINTMENT OF
ANJANI CIRILLO
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously appointed Anjani
Cirillo to fill the vacant position on the Economic Opportunities
Council (EOC), as requested.
7.E. RESOLUTION 2003-087 - MISCELLANEOUS BUDGET AMENDMENT
016
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously adopted Resolution
2003-087 amending the Fiscal Year 2002-2003 Budget (Amendment
016).
7.F. RESOLUTION 2003-088 — MISCELLANEOUS B UDGET AMENDMENT
OI 7
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously adopted Resolution
2003-088, amending the Budget for Fiscal Year 2002-2003
(Amendment 017).
7.G. RESOLUTION 2003-089 — FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) PUBLIC TRANSPORTATION.IOINT
PARTICIPATIONAGREEMENT (COUNCIL ONAGING — COMMUNITY
COACH)
Commissioner Ginn said this was the first time we have obtained a Florida
Department of Transportation Transit Grant with no County funds needed as a match.
She compliment staff for an excellent job.
SEPTEMBER 2, 2003 4
Community Development Director Bob Keating said that the grant is paying
for part of the fleet maintenance facility costs. Since the County's Fleet Maintenance
Division works on the Council on Aging buses it qualifies for Public Transit Funding.
He felt credit should go to Phil Matson, Assistant MPO Staff Director, who did a
great job in obtaining this grant.
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously adopted Resolution 2003-089,
authorizing the execution of a Public Transportation Joint Participation
Agreement with the Florida Department of Transportation.
COPY OF JOINT PARTICIPATION AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.H. APPROVAL OF ANNUAL 2003 SHIP (STATE HOUSING INITIATIVES
PARTNERSHIP) PROGRAHREPORTS
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously approved the SHIP
Annual Reports and authorized the Chairman to execute same, as
requested in the memorandum.
REPORTS ARE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
U. RESTORATION OF THE LOST TREE ISLANDS — PRO -BONG SERVICES
TO APPLYFOR GRANTS — COASTAL TECHNOLOGY CORPORATION
(COASTAL TECH)
Commissioner Neuberger wanted to recognize Coastal Technology Corporation
for providing pro bono services to the County to apply for restoration of the Lost Tree
Islands.
SEPTEMBER 2, 2003 5
Environmental and Code Enforcement Chief Roland DeBlois commented that
Coastal Technology has volunteered to investigate and put together an application for
a grant which will be brought back to the Board for ratification before it is submitted.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board unanimously authorized Coastal
Technology to apply for FWS and FIND grants on behalf of the County
for restoration of the Lost Tree Islands, with the condition that the grant
applications, once drafted, be presented to the Board, the City of Vero
Beach and the Town if Indian River Shores for ratification prior to
formal submittal to the grant agencies, as recommended by staff.
U ANNUAL COUNTY TAX DEED APPLICATIONS
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously authorized payment to
the Clerk in the amount of $1,610.56, as requested in the memorandum.
7.K. RESOLUTIONS 2003-090/094 — TAX CANCELLATIONS ONPROPERTY
ACQUISITIONS — (2003-090) OLD SAVANNAH SUBDIVISION
RIGHT-OF-WAY—I6TH,STREET, (2003-091) THE FOUNTAINS AT
AMBER LAKES. LLC - RIGHT-OF-WAY— 43" AVENUE: (2003-092)
PARK LANE ESTATES. INC RIGHT -OF- WA Y — 58TH A VENUE;
(2003-093) PAUL & CHERYL BARKWELL - RIGHT —OF -WAY— 41 ST
,STREET; (2003-094) OSLO VENTURE LLC - RIGHT-OF-WAY— 43RD
AVENUE & OSLO ROAD
SEPTEMBER 2, 2003 6
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously adopted Resolution
2003-090 canceling taxes upon publicly owned lands, pursuant to
Section 196.28, Florida Statutes (Old Savannah Subdivision -
Right -of -Way — 16th Street).
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously adopted Resolution
2003-091 canceling taxes upon publicly owned lands, pursuant to
Section 196.28, Florida Statutes (The Fountains at Amber Lakes, LLC
- Right -of -Way — 43rd Avenue).
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously adopted Resolution
2003-092 canceling taxes upon publicly owned lands, pursuant to
Section 196.28, Florida Statutes (Park Lane Estates, Inc. Right -of -Way
— 58th Avenue).
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously adopted Resolution
2003-093 canceling taxes upon publicly owned lands, pursuant to
Section 196.28, Florida Statutes (Paul & Cheryl Barkwell -
Right -of -Way — 41St Street).
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously adopted Resolution
2003-094 canceling taxes upon publicly owned lands, pursuant to
Section 196.28, Florida Statutes (Oslo Venture LLC - Right -of -Way —
43rd Avenue & Oslo Road).
SEPTEMBER 2, 2003 7
7.L. DOUBLER AND D. INC — REQUEST FOR FINAL PLAT APPROVAL -
GRAND OAKS ESTATES SUBDIVISION — CONSTR UCTION OF
REQUIRED IMPROVEMENTS CONTRACT (SD- 03 -03 -11 -CFC)
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously granted final plat
approval for Grand Oak Estates and authorized the Chairman to
execute the Contract for Construction of Remaining Required
Improvements, as recommended in the memorandum.
COPY OF CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE COURT
7.M. ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT — RENEWAL OF
FY 2003/04 COST -SHARE AGREEMENT FOR COUNTYWIDE
REPAIR/PL UGGING OF ABANDONED ARTESIAN WELLS
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously approved the
Countywide abandoned flow well plugging Cost -Share Agreement
renewal with the St. Johns River Water Management District for FY
2003-04, and authorized the Chairman to execute the agreement, as
recommended by staff.
COPY OF AGREEMENT IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
SEPTEMBER 2, 2003 8
7.N. FLORIDAFFINITY.INC —ONE-YEAR CONTRACTEXTENSIONFOR
PROFESSIONAL SERVICES RELATING TO ENVIRONMENTAL LAND
ACQUISITION
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously authorized the
Chairman to execute the one-year extension of Agreement for
Professional Services with FloridAffinity, as recommended in the
memorandum.
AMENDMENT TO THE AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.0. BID #5051—AWARDED TONINETYFIVESOUTH.INC TOPRESSURE
CLEAN THE COURTHOUSE AND PARKING GARAGE, EXTERIOR
PAINTING OF THE COURTHOUSE (GENERAL SERVICES
DEPARTMENT/BUILDING & GROUNDS DIVISION)
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously awarded Bid 45051 to
Ninety Five South, Inc. for a total of $46,850.00 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, as
requested by staff
AGREEMENT WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
SEPTEMBER 2, 2003 9
7.P. LIBRARYSERVICES AND TECHNOLGYACT GRANT AGREEMENTS -
BORN TO READ (PROJECT NUMBER 03-LSTA — D-06)
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously authorized the
Chairman to sign the agreements and return to the Library Services
Director to be forwarded to the appropriate State Library staff, as
requested in the memorandum.
BORN TO READ AGREEMENT IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
9.A.1. PUBLIC HEARING - ORDINANCE 2003-025/026 AMENDING
THE COMPREHENSIVE PLAN TO REDESIGNATE 14.1
ACRES FROM M-1TO C/I, AND TO REZONE THOSE 14.1
ACRES FROM RM -6 TO CL; AND TO AMEND THE
COMPREHENSIVE PLAN TO REDESIGNATE 23.8 ACRES
FROM C/I TO M-1, AND TO REZONE THOSE 23.8 ACRES
FROM CG TO RM -8; AND TO AMEND THE
COMPREHENSIVE PLAN TO REDESIGNATE 4 ACRES
FROM M-1 TO C/I AND TO REZONE THOSE 4 ACRES FROM
RM -6 TO CG; AND TO REZONE 10.5 ACRES FROM RM -6 TO
RM -8 - REOUESTED BY GHA GRAND HARBOR
(LEGISLATIVE) (LUDA 2003-01-0231)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Executive Aide Kim Massung read the public hearing notice into the record.
Community Development Director Bob Keating advised that this was the first of four
Comprehensive Plan amendments to be heard at this meeting. Using a Powerpoint outline with
locator maps, he presented an overview of the Comp Plan amendment process explaining that the
window for an amendment occurs only twice a year (January and July). The Board had previously
SEPTEMBER 2, 2003 10
approved transmitting this proposal to the Department of Community Affairs with a request for no
review to expedite the process. The Department of Community Affairs has responded with a letter
of concurrence indicating that the County can proceed with the adoption. Staff and the Planning
and Zoning Commission recommend adopting both the land use amendment and rezoning request.
Commissioner Ginn questioned what justification is used to change the Grand Harbor
property from RM -6 to RM -8 per acre, and Director Keating advised that the land use designation
in that area is M-1 that allows up to 8 units per acre. However, Grand Harbor is building out at
50% or less of the density they anticipated.
Ron Andrews, 6414 56th Square, with Grand Harbor, said for the sake of consistency
they felt the zoning should be RM -8. They have no intention of building out to RM -8. There was
RM -8 adjacent to this property and both properties were designated M-1. They anticipate they will
build out at less than 2 units per acre.
After further questioning by Commissioner Ginn, Director Keating clarified even
though the property is separated by an entrance road, staff still considers it to be adjacent property.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
base.
Brian Heady, Vero Beach, said Grand Harbor has done nothing but increase the tax
The Chairman asked if anyone else wished to be heard with regard to this matter.
There being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Adams, the Board unanimously adopted Ordinance
2003-025 amending the future land use element of the Comprehensive
Plan by changing the land use designation for 14.1 acres located at the
southwest corner of 53rd Street and Indian River Boulevard from M-1,
medium density residential -1 (up to 8 units/acre), to CA
(commercial/industrial), and for approximately 23.8 acres located
south of Grand Harbor Boulevard and west of Indian River Boulevard
SEPTEMBER 2, 2003 11
from CA, commercial/industrial, to M-1, medium density residential -1
(up to 8 units/acre), and for approximately 4 acres at the southwest
corner of Grand Harbor Boulevard and Indian River Boulevard from
M-1, medium density residential -1 (up to 8 units/acre), to CA
(commercial/industrial).
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Adams, the Board unanimously adopted Ordinance
2003-026 amending the zoning ordinance and the accompanying
zoning map for 14.1 acres, located at the southwest corner of 53rd
Street and Indian River Boulevard from RM -6, multi -family residential
district (up to 6 units/acre), to CL, limited commercial district; and for
4 acres located at the southwest corner of Grand Harbor Boulevard and
Indian River Boulevard, from RM -6, multi -family residential district
(up to 6 Units/acre), to CG, general commercial district; and for
approximately 23.8 acres located south of Grand Harbor Boulevard
and west of Indian River Boulevard from CG, general commercial
district to RM -8, multi -family residential district (up to 8 units/acre);
and for approximately 10.5 acres located west of Indian River
Boulevard from RM -6, multi -family residential district (up to 6
units/acre), to RM -8 multi -family residential district (up to 8
units/acre) as described herein and providing for effective date.
SEPTEMBER 2, 2003 12
9.A.2. PUBLIC HEARING - ORDINANCE 2003-027 - COUNTY
INITIATED REOUEST TO AMEND THE RECREATION AND
OPEN SPACE AND CONSERVATION ELEMENTS OF THE
COMPREHENSIVE PLAN (LEGISLATIVE) (PLAN
AMENDMENT NUMBER: CPTA 2003010220-33742)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Keating explained that this is a proposed change to
the text of the Comprehensive Plan's Recreation and Open Space Element by adding Policy 6.4,
and Policy 8.6 to the Conservation Element under Objective 8. The purpose is to recognize
greenways and blueways. The underlying reason is to give the County the opportunity to get more
points on Florida Communities Trust (FCT) grant applications. The Department of Community
Affairs has agreed this does not require formal review and staff recommends the Board adopt the
ordinance.
The Chairman opened the public hearing and asked if anyone wished to be heard with
regard to this matter. There being none the Chairman closed the public hearing.
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously adopted Ordinance 2003-027,
amending the text of the Comprehensive Plan's Recreation and Open
Space Element by revising Objective 6, and adding Policy 6.4, and
amending the Conservation Element by adding Policy 8.6, and
providing severability and effective date, as recommended by staff.
9.A.3. PUBLIC HEARING - ORDINANCE 2003-028 - COUNTY
INITIATED REOUEST TO AMEND THE COUNTY'S
COMPREHENSIVE PLAN TO REDESIGNATE ±47 ACRES OF
LAND FROM M-2 TO PUB AND TO REZONE 35.8 ACRES
OF THE LAND FROM RS -6 TO IG (41ST STREET AND W. OF
43" AVENUE); TO REDESIGNATE 25.89
ACRES OF LAND FROM C/I TO PUB AND TO REZONE
SEPTEMBER 2, 2003 13
THOSE 25.89 ACRES FROM IL TO CG (PUBLIC WORKS
MAINTENANCE FACILITY); AND TO REZONE
19.61 ACRES FROM RS -6 TO CG (SHERIFF'S DEPARTMENT
AND JAIL) (LEGISLATIVE).(PLAN AMENDMENT NUMBER
LUDA 2003010175-33672) (REZONE NUMBER: REZON
2003010175-34823)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Community Development Director Keating reviewed the memorandum for this
County -initiated request to change the land use designation and zoning on four properties using a
Powerpoint presentation with locator maps (on file with the backup). He described the uses on the
surrounding properties and the planned uses for these properties. He stated rezoning requires two
public hearings for any County -initiated request on more than 10 acres. Staff recommends to
redesignate the subject properties to PUB, by adopting the land use designation amendment
ordinance and scheduling the second rezoning public hearing for 9:00 a.m. at the regular
commission meeting of September 16, 2003.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter. There being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously scheduled the second public
hearing September 16, 2003, at 9:00 a.m. and adopted Ordinance
2003-028 amending the future land use element by changing the land
use designation for approximately ±47 acres located at the northwest
corner of 41St Street (South Gifford Road) and 43rd Avenue from M-2,
medium -density Residential -2 (up to 10 units/acre), to PUB, public,
and by changing the land use designation for 25.89 acres located south
of 41" Street (South Gifford Road), and approximately 1000 feet east
of 43rd Avenue from CA (commercial/industrial), to PUB, public.
SEPTEMBER 2, 2003 14
9.A.4. PUBLIC HEARING - ORDINANCE 2003-029 - COUNTY
INITIATED REOUEST AMENDING THE LAND USE
ELEMENT BY CHANGING THE LAND USE DESIGNATION
FOR SIX PROPERTIES: SJ -STICK MARSH, SJ BERRY,
RANCH RESERVE, HALLSTROM FARMSTEAD, OYSTER
BAR MARSH, AND US FISH AND WILDLIFE TO C-1
CONSERVATION - PLAN AMENDMENT NUMBER - LUDA
2003-01-0184
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Community Development Director Robert Keating advised this proposal was a
County initiated Comprehensive Plan amendment and rezoning request for six separate publicly
owned properties. He used a Powerpoint presentation with maps to describe the locations and
plan. Some properties are jointly owned by St. Johns River Water Management District and the
County, and one is owned by the US Fish & Wildlife Service. The proposal is to redesignate all of
these properties to C-1 and rezone them to CON -1. As explained in the previous hearing, there is
a need for a second public hearing and staff and the Planning and Zoning Commission recommend
the Board adopt the Comprehensive Plan changes by adopting the ordinance and setting the second
public hearing at 9:00 a.m. at the regular meeting on September 16, 2003.
Chairman Macht requested staff to revamp County maps to provide the public with
updated information and Director Keating agreed to do so.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
Bill Andrews, 1401 56th Square West, owns property on Old Dixie Highway and he
wanted assurance that the land use designation changes will not affect his property.
Chairman Macht advised him that all of the properties are currently County owned
land.
SEPTEMBER 2, 2003 15
The Chairman asked if anyone else wished to be heard regarding this matter. There
being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board unanimously adopted Ordinance
2003-029, amending the future land use element by changing the land
use designation for:
a. Approximately 3,891 acres located at the northeast corner of
Township 31 South, Range 36 East, from AG -2, Agriculture (up to 1
unit/10 acres) to C-1, Conservation (0 units/acre);
b. Approximately 160 acres located three miles north of SR 60 and two
miles east of CR 512 from AG -2, Agriculture (up to 1 unit/ 10 acres) to
C-1, Conservation (0 units/acre);
C. Approximately 960 acres located on the western halves of Sections 6,
7, and 18 of Township 31 South, Range 35 East, from AG -3,
Agriculture (up to 1 unit/20 acres) to C-1, Conservation (0 units/acre);
d. Approximately 93 acres south of 14th Place, between US 1 and Lateral
J Canal, of those 93 acres, approximately 15.4 acres from CII,
Commercial/Industrial, and approximately 77.6 acres from L-2, low
Density Residential (up to 6 units/acre) to C-1, Conservation (0
units/acre);
e. Approximately 102 acres west of A 1 A, south of Oyster Bay Drive of
those 102 acres, approximately 77 acres from C-2, Conservation — 2
(up to 1 unit/40 acres) and approximately 25 acres from L-1, Low
Density Residential (up to 3 units/acre) to C-1, Conservation (0
units/acre); and
£ Approximately 216 acres west of A 1 A and about 215 feet north of
110th Place, and approximately 23 acres east of AIA of Government
Lot 1 of Sections 3 and 10 of Township 31 S, Range 39E from L-1,
Low Density Residential (up to 3 units/acre), and approximately 1.04
acres along the west side of A 1 A of Government Lot 1 of Township
SEPTEMBER 2, 2003 16
315, Range 39E, from C-2, Conservation -2 (up to 1 unit/40 acres), to
C-1, Conservation (0 units/acre).
9.B.1. PUBLIC DISCUSSION - BRIAN HEADY'S REOUEST TO
DISCUSS ELECTED REPRESENTATIVES AND THEIR
OBLIGATIONS TOWARD CITIZENS COMING TO PUBLIC
PODIUM
Brian Heady, Vero Beach, showed photographs of the beach for a visual conception
of what the City of Vero Beach has done in problem areas on the beach. Mr. Heady referred to the
millions of dollars spent in Sebastian where sand was placed upstream instead of in front of the
problem hoping that it drifts downstream. He suggested to protect the tax base that the Board
should spend a few hundred dollars instead of a few hundred million dollars by placing rock and
sand in front of the homes where the problem lies to solve the beach erosion problem and return the
extra ten million back to the taxpayers.
9.B.2. PUBLIC DISCUSSION - MONOFILAMENT RECYCLE AND
RECOVERY PROGRAM - ELIZABETH KENNEDY - SENIOR
GIRL SCOUT GOLD AWARD PROJECT
Elizabeth Kennedy, 3225 13th Street, a Senior Girl Scout in Troop 733 in Vero
Beach, said she is working on the final steps in achieving the Gold Award, the highest award in
Girl Scouts. Her project is to bring the Monofilament Recovery and Recycling Program to the
County to eliminate some of the hazards caused by discarded fishing lines. She explained further
the steps involved such as making, placing, maintaining and recycling the bins at public boat
ramps and hopes to receive more materials that she needs to continue installing the bins. If she
does not receive any more donations she will return the project back to the Earth Day Foundation
which will maintain the program and expand it.
In response to Commissioner Ginn's questions Ms. Kennedy said it was fairly easy to
construct the bins and explained that the Gold Award is similar to the Boy Scouts Eagle Award.
SEPTEMBER 2, 2003 17
Chairman Macht inquired if she was working with anyone on staff and Ms Kennedy
replied she has spoken to the Parks Supervisor Mr. Romanek who gave her preliminary permission
to install the bins.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Ginn, the Board unanimously agreed to support Ms.
Kennedy in her project as much as possible to help her achieve the
Gold Award.
Commissioner Adams commended Elizabeth Kennedy for her efforts in this project.
9.B.3. PUBLIC DISCUSSION -ANDREW MOLLOY'S REOUEST TO
DISCUSS ORCHID ISLE ESTATES WATER AND SEWER
PROJECT
(CLERK'S NOTE: This item was heard prior to Item 9.13.1. and placed here for
purposes of continuity.)
Andrew Molloy, 2565 Riverview Court, President of the Orchid Isle Estates Property
Owners Association requested a cancellation of the Wabasso Water and Sewer Project. On July 8,
2003 the Board approved the preliminary work necessary to install water and sewer on Wabasso
Island. He advised that no one in his subdivision has been notified of leaching nor has there been
any evidence of leaching from their septic tanks. Survey results at Orchid Isle Estates and Orchid
Isle Subdivision indicated that 85% to 95% of the residents were in opposition to the project. Due
to the high cost involved to hookup the system residents are stressed, and some residents will have
to sell their homes. Mr. Molloy said his cost would be approximately $23,000. He also pointed
out the possibility of damage to the oak trees from the pipe installation and the lack of solid
evidence of leaching from the septic tanks makes the association believe the system is not viable.
They requested the project be cancelled immediately before any funds are allocated.
Roger Cooper, 336 Live Oak Drive, thanked Commissioner Neuberger for inserting
this item on the agenda. He said it is difficult to comprehend the County's anguish over alleged
SEPTEMBER 2, 2003 18
pollution when winter visits brings enormous flocks of wildlife who use Orchid Isles as one of
their rest stops. It is inconsistent to imply that a County sewer system is badly needed, yet
residents can still elect to use their own septic tanks after the County system is installed. He
summarized by saying it is unfair and undemocratic to impose these of undeserved penalties. It is
a huge cost and high risk to trees that cannot be replaced in a lifetime, and he asked the Board not
to pursue the project.
Chairman Macht addressed the need to develop a logical conclusion and make a
decision on how to proceed.
MOTION WAS made by Commissioner Ginn, SECONDED by
Commissioner Neuberger to put this item on the shelf and not pursue it
any further, unless solid evidence of pollution into the River from
septic tanks is brought before the Board by the Department of
Environmental Protection.
Under discussion, Commissioner Neuberger said he was understandably disturbed to
hear from the residents of the astronomical amount of the assessments. He said he, too, would
have to consider selling his home, if he lived there.
Chairman Macht asked if there is evidence of pollution and does it apply to everyone
or is it an individual situation. He thought if it is one or two residents that are causing the
pollution, then he did not feel it is incumbent upon the Board to condemn the entire system.
Commissioner Ginn concurred that they need to be concerned but if there is no
negative impact to the Lagoon then there is no need to proceed with such an expensive project.
Commissioner Neuberger queried if staff has investigated a new source of funding and
what agency is determining there is pollution.
Chairman Macht asked staff for a background on what, if any, pollution is occurring
Director of Utility Services Erik Olson, stated that St. Johns River Water Management
District (SJRWMD), Department of Environmental Protection (DEP), and S. Florida Water
Management District (SFWMD) say as a rule over time there is leaching from septic tanks. There
is funding for this type of project and he recommended obtaining a consensus by regulatory
agencies (St. Johns River Water Management District and Department of Environmental
SEPTEMBER 2, 2003 19
Protection) that this is indeed an important element in conservation of the Lagoon and with their
support the costs can be offset.
Chairman Macht asked if substantial pollution is found if the regulatory agencies can
require the project be completed.
Director Olson thought the regulatory agencies would subsidize by grants and other
kinds of funding if they were to ask the County to do it. Regulatory requirements become a last
ditch effort when there has been a clear and present danger and there has been no activity on the
part of the agencies to do anything.
Chairman Macht inquired if they are not granted the full amount requested one year,
can they apply for the balance in another year.
Director Olson responded in the affirmative and added that with the support of St.
Johns River Water Management District and the Economical Development Council they are likely
to be granted the funding.
Chairman Macht CALLED THE QUESTION, and the motion was
carried unanimously to put this item on the shelf and not pursue it any
further unless solid evidence of pollution into the River from septic
tanks is brought before the Board by the Department of Environmental
Protection.
11.B.1. EMERGENCY SERVICES - APPROVAL OF FY 2003/04
EMERGENCY MANAGEMENT, PREPAREDNESS AND
ASSISTANCE TRUST FUND SUBGRANT AGREEMENT -
(EMPA/EMPG) - DEPARTMENT OF COMMUNITY
AFFAIRS/DIVISION OF EMERGENCY MANAGEMENT
(FDCA/DEM) - CONTRACT NUMBER 04BG-04-10-40-01-031
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously approved the FY 2003/04
Emergency Management Preparedness and Assistance Trust Fund
Base Grant Agreement (EMPA/EMPG) portion of the State Funded
Subgrant Agreement; authorized the Director of Emergency Services
SEPTEMBER 2, 2003 20
John King as the contract manager; and approved funds to be allocated;
as specified and recommended in the memorandum.
SEPTEMBER 2, 2003 21
COPY OF AGREEMENT IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
11.C.1. HIRING PROCESS FOR COUNTY EXTENSION DIRECTOR
AND WATER OUALITY AGENT
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Lowther, the Board unanimously authorized the County Administrator
or his designee to review and interview the qualified candidates
submitted by the University of Florida's Extension Service and
authorized the selection of the candidate best suited for the job, as
recommended in the memorandum.
11.C.2. SHERIFF - CONCEPTUAL APPROVAL OF LAW
ENFORCEMENT PISTOL RANGE - FLORIDA FISH AND
WILDLIFE CONSERVATION COMMISSION (FFWCC)
Commissioner Ginn commented that this proposal is of no cost to the County.
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously approved in concept the proposal
of a law enforcement pistol range subject to a memorandum of
understanding between the County, the Sheriffs Office and the Florida
Fish and Wildlife Conservation Commission (FWCC) to be developed,
as recommended in the memorandum.
11.I.1 SMALL COUNTY OUTREACH PROGRAM AMENDMENT TO
GRANT AGREEMENT - DEPARTMENT OF
TRANSPORTATION (AMENDMENT NO. ONE) - OSLO ROAD
- MILLING AND RESURFACING
SEPTEMBER 2, 2003 22
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously approved Amendment
No. One to the Small County Outreach Program Agreement, as
recommended by staff.
AMENDMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.I.2. SELECTION OF PROFESSIONAL LAND SURVEY FIRMS FOR
THE ANNUAL SURVEYING AND MAPPING SERVICES
CONTRACT - RFO #5085 - BURDETTE & ASSOCIATES, INC.,
CARTER ASSOCIATES, INC., CREECH ENGINEERING,
KIMLEY-HORN & ASSOCIATES, INC., MASTELLER,
MOLER AND REED, INC., AND MORGAN EKLUND, INC.,
MOTION WAS MADE by Commissioner Neuberger, SECONDED
by Commissioner Lowther, for discussion, to approved staff's
recommendation.
Under discussion, Commissioner Ginn questioned why we were going out of the
County when we have five in -county bidders.
County Engineer Chris Kafer said Creech Engineering from Melbourne has a specialty
the others do not perform called blue -booking for GPS monuments, a system our County uses.
In response to Commissioner Neuberger's question, County Surveyor Michael
O'Brien defined blue booking as a form of Geodetic process surveying (G.P.S). The data is
recorded by the National Geodetic Society which houses the data, updates and puts it on the
Internet.
Commissioner Neuberger found it hard to believe that something that is available on
the Internet is not available to all survey companies.
County Surveyor O'Brien clarified that a certain software is required and most
companies have not obtained it since it is a high-end form of surveying and there has not been a
strong demand.
SEPTEMBER 2, 2003 23
Commissioner Adams inquired if all of our surveying is going to be of that type.
County Engineer Kafer replied that only two firms out of 12 have the capability and
they do it on a project -by -project basis.
Commissioner Adams questioned how staff could negotiate if nobody has the
capability to do this process.
County Engineer Kafer said if the bid comes in higher for that process than they are
willing to pay then they would go out to other firms.
Commissioner Macht wanted to know how difficult it is for any firm to acquire the
software.
County Engineer Kafer said just about any firm can purchase the software. The three
firms that they have on contract till the end of the month said they could acquire the software but it
would be a learning process for the in office work that is not done on a regular basis.
Commissioner Lowther asked what those companies decided to do.
County Engineer Kafer said they were not going to acquire the software so staff
decided to seek new firms after October 1.
The Chairman CALLED THE QUESTION and the motion carried
unanimously. The Board approved the selected six (6) firms; Burdette
& Associates, Inc, Carter Associates, Inc., Creech Engineering, Inc.,
Kimley-Horn & Associates, Inc., Masteller, Moler & Reed, Inc., and
Morgan Eklund, Inc.; and authorized staff to continue contract
negotiations on behalf of the County with the selected firms for the
Professional Land Survey continuing services contract.
11.I.3 RESOLUTION 2003-095 - OSLO BOAT RAMP
IMPROVEMENTS - FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) -
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (FDEP)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously adopted Resolution
SEPTEMBER 2, 2003 24
2003-095 authorizing staff to schedule and complete improvements at
Oslo Boat Ramp with funding from the Florida Recreation
Development Assistance Program and authorized the Chairman to sign
the grant application, as requested.
Under discussion, Chairman Macht asked if anybody was going to Tallahassee and if
anybody wanted to write a letter to the Legislature. He encouraged them to do so in support of this
Resolution.
11.I.4 RIGHT-OF-WAY ACOUISITION SERVICES MASTER
AGREEMENT AND WORK ORDER NO. 1- FOUR
RIGHTS-OF-WAY ALONG 41ST STREET AND 2
RIGHTS-OF-WAY ALONG CR -512 - AMERICAN
ACOUISITION GROUP, INC.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously authorized the
Chairman to execute both the Master Agreement and Work Order No.
1 and authorized funding at a not -to -exceed cost of $63,000.00 as
follows: 41" Street — Fund 316, Gifford Road Improvement
($42,000.00); CR 512 — Fund 101, Old District 3 Traffic Impact Fees
($21,000.00), not including eminent domain legal fees, as
recommended by staff. (Alternative No. 1)
AGREEMENT AND WORK ORDER NO. i ARE
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
SEPTEMBER 2, 2003 25
11.J.1. REGIONAL SLUDGE TREATMENT FACILITY - ODOR
CONTROL IMPROVEMENTS PHASE 1- REIMBURSEMENT
TO WCG, INC. WORK AUTHORIZATION #6 FOR
ADDITIONAL ENGINEERING/CONSTRUCTION SERVICES -
CHANGE ORDER #2
MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Lowther, for discussion, to approve staff's
recommendation.
Under discussion, Director of Utility Services W. Erik Olson said the Board
authorized WCG, Inc. to engineer and construct necessary maintenance improvements to the odor
control system about a year ago. During that construction other issues arose that required
additional engineering services, and WCG, Inc. has not been reimbursed for those engineering
services.
Commissioner Neuberger asked for a clarification of the extension not being
incorporated into this phase of construction.
Director Olson explained that when they reviewed the designs the construction proved
to be very costly so they limited the work to engineering.
Chairman Macht asked the status of moving our sludge to St. Lucie County.
Director Olson had been in contact with the consultant for St. Lucie County and they
are generating an Interlocal Agreement, but it would be 2 or 3 weeks before they get a response.
Chairman Macht inquired if there was any consideration of more than just an
agreement for use such as partial ownership that would convey certain rights to us.
Director Olson said this was suggested in the beginning and they prefer we be a long
term (20 year) user.
Chairman Macht called the QUESTION, and the motion carried
unanimously. (The Board authorized the release of funds to WCG,
Inc., in the total amount of $8,423.75, for additional engineering
services related to Change Order No. 2, Phase -I of the odor control
improvements to the Sludge Treatment Facility.)
SEPTEMBER 2, 2003 26
WORK AUTHORIZATION 46 IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
11.J.2. RATE MODIFICATION TO ACCOMMODATE FELLSMERE
SERVICE AREA THROUGH SPECIAL BULK RATE - UCP
#2363 - CAMP DRESSER AND MCKEE, INC. (CDM) - WORK
AUTHORIZATION #7
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Adams, the Board unanimously approved Work
Authorization 47 with Camp Dresser and McKee, Inc. (CDM) in the
amount of $11,500 for engineering consulting services to modify the
rate structure to allow a bulk user rate for the City of Fellsmere and
authorized the Chairman to execute same, as recommended by staff.
WORK AUTHORIZATION 47 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.3. RESOLUTION 2003-096/097 - MEADOWLARK WOODS
SUBDIVISION - PETITION WATER SERVICE - 61ST AVENUE
NORTH OF 41ST STREET PRELIMINARY ASSESSMENT
RESOLUTIONS I AND II (PROJECT NO. UCP -2324)
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Adams, the Board unanimously adopted Resolution 2003-096
providing for water main expansion to Meadowlark Woods
Subdivision (61St Avenue North of 41" Street): 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 Ginn, SECONDED by Commissioner
Adams, the Board unanimously adopted Resolution 2003-097 setting a
SEPTEMBER 2, 2003 27
time (September 23, 2003, 9:05 a.m.) and place (County Commission
Chambers) at which the owners of properties, located in Meadowlark
Woods Subdivision (61St Avenue North of 41" Street), and other
interested persons, may appear before the Board 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.
12.A. COUNTY ATTORNEY - LAUREL RESERVE SUBDIVISION
EASEMENTS (SEBASTIAN)
County Attorney Collins said three years ago the Board exchanged easements with the
Davis family who owned 88 landlocked acres in Sebastian. The benefit to the Davis Family was
access to their property. The County benefited by being able to obtain a fiber optics easement
across the Davis' property. Since that time, Laurel Homes acquired the land from the Davis family
and in going through the land development process, Debb Robinson of Laurel Homes has
requested that a substitute ingress/ egress easement be relocated in a better position from the
standpoint of existing utilities, and to provide an outfall pipe from the development to Schumann
Lake. The maintenance easement is proposed to be a pedestrian ingress/egress easement.
Commissioner Neuberger understood that no vehicle traffic is allowed along the
easement and Attorney Collins said that was correct.
agreement.
Commissioner Lowther asked why there is a termination clause in the existing
Attorney Collins explained that the termination clause refers to the extension of
Fleming Road. It is intended to be the main thoroughfare and will eventually be an access road to
US 1. Currently it has a very narrow access of approximately 50' in width. It was intended to be
the primary access road for the development.
Commissioner Adams questioned the real rationale since the development is going on
now and the extension of Fleming Street is projected to 2007.
SEPTEMBER 2, 2003 28
Mayor Walter Barnes of Sebastian said currently an Interlocal Agreement is being
established with the County to start the extension of Fleming Street to US 1 in the near future.
Commissioner Adams asked if it makes a difference to the public to access on Bailey
Street, and Mayor Barnes said the residents on Bailey Street may be upset, but he felt it was the
logical location.
Debb Robinson, Vice President of Laurel Homes, initiated the change in January to
abandon the temporary easement language. It seemed illogical to have a temporary easement if a
road is to be built and the people are going to use that road to access the property. It was going to
create a greater impact later rather than sooner. Fleming Street is not going to be in place for
several years even with the Interlocal Agreement.. All the fiber optics and utilities are on the south
side of the right-of-way and they have built another road on the south side.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously authorized the
Chairman to (1) execute a revised ingress/egress easement shifting the
access to the Laurel Reserve Subdivision slightly to the north and away
from County utility and fiber optic lines; and (2) execute the
Stormwater Outfall Pipe Easement and Pedestrian Ingress/Egress
Easement and Maintenance Easement in favor of Laurel Homes, Inc.
with an amendment to the existing agreement eliminating the
termination clause, as recommended in the memorandum.
GRANTS OF EASEMENTS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
13.A. CHAIRMAN MACHT - INDIAN RIVER ASTRONOMY CLUB
(CLERKS NOTE: This item was added by consensus during the course
of the meeting.)
Chairman Macht commented that Indian River County Astronomy Club and hundreds
of people wanted to say "thank you" for the use of the Courthouse Parking Lot Garage TO VIEW
SEPTEMBER 2, 2003 29
Mars by telescopes. It was very successful and we might ask to use it again. A very large comet is
predicted for March of 2004.
13.C. COMMISSIONER ADAMS - TRASH FRANCHISE HAULERS'
AGREEMENT
(CLERK'S NOTE: This item was added by consensus during the
course of the meeting.)
Commissioner Adams commented that the County is experiencing growing pains
since they awarded the franchise haulers agreement and made room for the roll -offs with a local
company. There are some disappointed companies.
Utilities Director Erik Olson said they did the right thing when they generated the
ordinance to develop the ability for small users on a non-exclusive franchise basis to do work yet
maintain the exclusivity of the franchise haulers, Treasure Coast Refuse and Waste Management,
Inc. They found problems defining when a roll -off container should be franchised and when it
should not be franchised. Staff will bring back to the Board a modification to the ordinance that
will clarify this. Once the ordinance is amended they will be in a position to ensure fairness to
everybody.
DOCUMENTS TO BE ADDED TO THE RECORD - FY 2003-2004 FDEP
WASTE TIRE GRANT APPLICATION
The following has been received and is on file in the office of the Clerk to the Board:
Federal Department of Environmental Protection Notification of approval
14.A. EMERGENCY SERVICES DISTRICT
None.
14.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Board of County
Commission Meeting, the Board would reconvene as the Board of Commissioners of the Solid
Waste Disposal District. Those Minutes are being prepared separately.
SEPTEMBER 2, 2003 30
14.C. ENVIRONMENTAL CONTROL BOARD
The Chairman announced that immediately upon adjournment of the Solid Waste
Disposal District Meeting, the Board would reconvene as the Board of Commissioners of the
Environmental Control Board. Those Minutes are being prepared separately.
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 10:30 a.m.
ATTEST:
Jeffrey K. Barton, Clerk Kenneth R. Macht, Chairman
Minutes Approved:
BCC/MIS/3003Minutes
SEPTEMBER 2, 2003 31