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Home My WebLink About10/21/2003 (2) • _ t ' t MINUTES ATTACHED BOARD OF COOM COMMISSIONERS INDIAN RIVER LOOM FLORIDA AGENIA TUESDAY, OCTOBER 21,2003 -9:00 A.M. County Commission Chamber County Administration Building 1840 25th Street,Vero Beach,Florida 32960 COUNTY COMMISSIONERS Kenneth R.Macht,Chairman District 3 Caroline D.Ginn,Vice Chairman District 5 James E.Chandler,County Administrator Fran B.Adams District 1 William G.Collins H,County Attorney Thomas S.Lowther District 4 Kimberly Massung,Executive Aide to BCC Arthur R.Neuberger District 2 Jeffrey K.Barton,Clerk to the Board 9:00 a.m. 1. CALL TO ORDER BACKUP PAGES 2. INVOCATION Rev.Fred Foy Strang First Presbyterian Church 3. PLEDGE OF ALLEGIANCE Comm.Caroline D.Ginn 4. ADDITIONS/DELETIONS TO THE AGENDA/ EMERGENCY ITEMS ADDITIONS: 5.13. Introduction of Chamber of Commerce New Economic Development Director 13.C. Beach and Shore Preservation Advisory Committee Update I.H.I. Additional backup REVISIONS: 7.E. Revised memorandum(page 51) I I.C.3. Revised backup(page 19 1) DELETED: 9.B.1. Dan Bryant's request to address the Board about gasoline prices 5. PROCLAMATION and PRESENTATIONS A. Presentation of Proclamation Designating the Month of October 2003 as Domestic Violence Awareness Month 1 6. APPROVAL OF MINUTES None 7. CONSENT AGENDA A. Received and Placed on File in Office of Clerk to the Board: 1) St.Johns Water Control District Revised Notice of Regular Quarterly Meeting of Bd.of Supervisors 2) Report of Convictions,September,2003 BN 126 PG 030 1 r • BACKUP 7. CONSENT AGENDA kont'd.): BBALES B. Approval of Warrants (memorandum dated October 9,2003) 2-10 C. Proclamation Designating the Month of November, 2003 as National Epilepsy Awareness Month 11 D. Revised Resolutions Concerning Boards and Committees (memorandum dated September 25,2003) 12-50 E. Appointment to the Metropolitan Planning Organization Citizens Advisory Committee(MPO CAC)and Transpor- tation Disadvantaged Local Coordinating Board(TDLCB) (memorandum dated October 8,2003) 51-52 F. Election of Emergency Services District Advisory Committee (ESDAC)Chairman (memorandum dated October 10,2003) 53 G. Resolution Canceling Taxes on Acquired Property (memorandum dated October 9,2003) 54-62 H. Approval of Bid Award for IRC Bid#6016(Annual Bid for Zinc Orthophosphate) (memorandum dated October 13,2003) 63-73 I. Approval of Bid Award for IRC Bid 46020(Annual Bid for Sulfuric Acid) (memorandum dated October 13,2003) 74-82 J. Michael and Theresa Bendell Request for Partial Release of Easement at 1986 15th Avenue SW,Vero Beach Highlands Unit 4 (memorandum dated October 8,2003) 83-89 K. Request to Amend a Public Transportation Joint Participation Agreement with the Florida Department of Transportation (memorandum dated October 9,2003) 90-97 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None B.( 12 6 PG 0 3 1 2 • BACKUP 9. PUBLIC ITEMS PAGES A. PUBLIC HEARINGS 1. Dennis E.Bales'request for abandonment of a portion of 14 Street within the Rockridge Sub- division. The subject segment of riP,t-of-way is located at the east terminus of 14 Street just west of Indian River Boulevard (Legislative) (memorandum dated October 14,2003) 98-106 2. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA,AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPRO7HMATELY 10 1.4 ACRES LOCATED AT THE NORTHWEST CORNER OF 8t6 STREET AND 98`h AVENUE,FROM A-1,AGRICULTURAL DIS- TRICT(UP TO 1 UNIT/5 ACRES),TO RM-6, MULTIPLE-FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE);AND PROVIDING CODI- FICATION,SEVERABILITY,AND EFFECTIVE DATE Thomas Bames'request to rezone 101.4 acres located at the northwest corner of 8t'Street and 98`h Avenue from A-1 to RM-6(Quasi-Judicial) (memorandum dated October 10,2003) 107-122 B. PUBLIC DISCUSSION ITEMS 1. Request from Dan R.Bryant,Paradise Petroleum Inc.,to address the Board regarding gasoline prices in Indian River County (memorandum dated October 13,2003) 123-125 C. PUBLIC NOTICE ITEMS None 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development 1. Consideration of Proposal to Require Relocation of Mature Oak Trees in New Developments;Staff Authority to Issue After-the-Fact Tree Removal Permits (memorandum dated October 14,2003) 126-147 B. Emereency Services None BI( 126 PG 032 3 lie I� 11. DEPARTMENTAL MATTERS(cont'd.): BACKUPPAGES C. General Services 1. Declaration of Surplus Property and Authorization to Sell Said Property to Adjacent Property Owners by Sealed Bid (memorandum dated October 14,2003) 148-170 2. Purchase Authorization of the Thelma Spikes Residence,East 61.8 ft.of Lot 1,Block 7,Booker T.Washington Add.Subdivision (memorandum dated October 14,2003) 171-188 3. Approval of Bid Award for IRC Bid#6030 Granting of Exclusive Easement (memorandum dated October 15,2003) 189-197 D. Human Resources Request to schedule bargaining strategy meeting (memorandum dated October 15,2003) 198 E. Human Services None F. Leisure Services None G. Office of Management and Budget None H. Recreation 1. Holman Stadium Use Guidelines and Agreement (backup will be provided separately) I. Public Works 1. Vero Lake Estates Stormwater Improvements, Phase I—Amendment No.2 to DEP Contract (memorandum dated October 14,2003) 199-209 2. Jungle Trail Shoreline Stabilization Phase 11- Project Agreement with FIND (memorandum dated October 13,2003) 210-230 3. Work Order No. 1,Burdette Associates,Inc.- Design and Topographic Survey for 8h Street and 70 Avenue (memorandum dated October 8,2003) 231-237 4 BI( 1 26 PG 033 i .Ir Itt I. ;i I BACKUP 11. DEPARTMENTAL MATTERS(cont'd.): PAGES I. Public Works(cont'd.): i 4. Disposition of the Trans-Florida RR Rights-of-Way not in County Possession (memorandum dated October 14,2003) 238-244 5. Right-of-Way Acquisition 41't Street between 43'a Avenue and 58`h Avenue,Florence M. Sabonjohn, 'i Owner (memorandum dated October 10,2003) 245-254 !i J. Utilities Services 1. Fourth Street at U.S.#1 Water and Force Main Relocation Project (memorandum dated October 9,2003) 255-263 12. COUNTY ATTORNEY A. Mensing Settlement (backup provided separately) 13. COMMISSIONERS ITEMS A. Commissioner Kenneth R.Macht,Chairman B. Commissioner Caroline D.Ginn,Vice Chairman C. Commissioner Fran B.Adams D. Commissioner Thomas S.Lowther 'I E. Commissioner Arthur R.Neuberger 'i I !I 'i 'I B1( 1 2 6 PG 034 5 I BACKUP 14. SPECIAL DISTRICTS and BOARDS PAGES A. Emergency Services District None B. o ' S Ld Waste Disposal District 1. Approval of minute — meeting of 9/2/03 2 Modification of Non_ Exclusive C&D Franchise Agreement Program (memorandum dated October 15, 2003) 264-266 3. Execution of Perma-Fix Agreement for Household Hazardous Waste Management and Ecotech Con- sultants Amendment to Agreement (memorandum dated October 9,2003) 267_282 C. Environmental Control Board None 15. ADJOURNMENT I Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act(ADA) Coordinator at 567-8000 x1223 at least 48 hours in advance of meeting. i I Indian River County WebSite: hgp://www.ircgov.com Full agenda back-up material is available for review in the Board of County Commission Office, Indian River County Main Library, IRC Courthouse Law Library,and North County Library i Meeting may be broadcast live on Comcast Cable Channel 13 — rebroadcast continuously Thursday 1:00 p.m. until Friday morning and Saturday 12:00 noon until 5:00 p.m. Meeting broadcast same as above on Comcast Broadband, Channel 27 in Sebastian. 6 Bt( 1 2 ('G 0 3 5 I f yG^t.u� } If. INDEX TO MINUTES BOARD OF COUNTY COMMISSIONERS MEETING OF OCTOBER 21, 2003 1. CALL TO ORDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. INVOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3. PLEDGE OF ALLEGIANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS . . . . . 1 5.A. PROCLAMATION DESIGNATING THE MONTH OF OCTOBER 2003 AS DOMESTIC VIOLENCE AWARENESS MONTH . . . . . . . . . . . . . . . . . . . . . . . 2 5.13. CHAMBER OF COMMERCE EXECUTIVE DIRECTOR PENNY CHANDLER - INTRODUCTION OF NEW ECONOMIC DEVELOPMENT DIRECTOR . . 3 6.A. APPROVAL OF MINUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7. CONSENT AGENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7.A. Reports Placed on File in the Office of the Clerk to the Board . . . . . . . . . 4 7.13. Approval of Warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . 4 7.C. Proclamation Designating the Month of November 2003 as National Epilepsy Awareness Month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7.D. Resolution Nos. 2003-125 thru 2003-134 - Revised Resolutions Concerning Boards and Committees - Agriculture Advisory Committee, Beach and Shore Preservation Advisory Committee, Economic Development Council (EDC), Emergency Services District Advisory Committee (ESDAC), Historic Resources Advisory Committee, Land Acquisition Advisory Committee (LAAC), Marine Advisory Narrows Watershed Action Committee (MANWAC), Parks and Recreation Committee, Public Library Advisory Board (PLAB), and Utility Advisory Committee (UAC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1 7.E. Appointment of William Lundy Parden by the Metropolitan Planning Organization as the Transportation Disadvantaged Representative to the Metropolitan Planning Organization Citizens Advisory Committee (MPO CAC) and the Handicapped Representative to the Transportation Disadvantaged Local Coordinating Board (TDLCB) - Replaces Mae Arnold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 71. Frank Coffey Elected Chairman of the Emergency Services District Advisory Committee (ESDAC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7.G. Resolution No. 2003-135 Cancelling Taxes on Acquired Property of Thomas S. Hammond for Expansion of the Indian River County Jail . . . . 9 7.H. Bid Award#6016 -Annual Bid for Zinc Orthophosphate - Shannon Chemical Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7.I. Bid Award#6020 - Annual Bid for Sulfuric Acid - Shrieve Chemical Company . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 7.J. Resolution No. 2003-136 - Partial Release of Easement at 1986 15th Avenue SW, Lot 4, Block 141, Vero Beach Highlands Unit 4 - Requested by Michael and Theresa Bendell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 7.K. Resolution No. 2003-137 - Public Transportation Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) - Service Development Grant - Amendment No. One - Council on Aging 11 9.A.1. PUBLIC HEARING - RESOLUTION NO. 2003-138 - ABANDONMENT OF A PORTION OF 14TH STREET AT ITS TERMINUS JUST WEST OF INDIAN RIVER BOULEVARD - LOT 32, BLOCK M, ROCKRIDGE SUBDIVISION, UNIT 5 - REQUESTED BY DENNIS E. BAYLES . . . . . . . . . . . . . . . . . . . . . . 12 9.A.2. PUBLIC HEARING - ORDINANCE NO. 2003-035 - REZONES 101.4 ACRES AT THE NORTHWEST CORNER OF 8TH STREET AND 98TH AVENUE FROM A-1 TO RM-6 - REQUESTED BY THOMAS BARNES . . . . . . . . . . . 15 9.13.1. PUBLIC DISCUSSION ITEM - DAN R. BRYANT, PARADISE PETROLEUM INC., REGARDING GASOLINE PRICES IN INDIAN RIVER COUNTY . . . 20 I I.A.1. CONSIDERATION OF PROPOSAL TO REQUIRE RELOCATION OF MATURE OAK TREES IN NEW DEVELOPMENTS - STAFF AUTHORITY TO ISSUE AFTER-THE-FACT TREE REMOVAL PERMITS . . . . . . . . . . . . 21 2 Bit 12 6- PG 0 3 7 i j 4 i 9 I I.C.1. CONSIDERATION OF SALE OF COUNTY PROPERTY(A FORMER MARL BORROW PIT CONSISTING OF 4 ACRES) AND DECISION NOT TO SELL SAME TO ADJACENT PROPERTY OWNERS BY SEALED BID - A PORTION OF TRACT 3, SECTION 30, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF INDIAN RIVER FARMS COMPANY . . . . . . . . 24 I I.C.2. PURCHASE OF THELMA SPIKES' RESIDENCE AUTHORIZED - EAST 61.8 FEET OF LOT 1, BLOCK 7, BOOKER T. WASHINGTON ADDITION SUBDIVISION - PARCEL FOR NEW COUNTY ADMINISTRATION COMPLEX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 I I.C.3. BID AWARD #6030 - GRANT OF EXCLUSIVE EASEMENT - TWO PARCELS - THE REAL ESTATE TEAM OF MERRITT ISLAND, FLORIDA - INDIAN RIVER FARMS COMPANY SUBDIVISION AND VALENCIA PARK SUBDIVISION - BELLSOUTH TELECOMMUNI- CATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 11.D. BARGAINING STRATEGY MEETING SCHEDULED -TEAMSTERS LOCAL 769 - EMERGENCY MEDICAL SERVICES BATTALION CHIEFS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 11.H. DODGER'S HOLMAN STADIUM - USE GUIDELINES AND AGREEMENT - BOYS AND GIRLS CLUBS OF INDIAN RIVER COUNTY, INC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 11.I.1. VERO LAKE ESTATES STORMWATER IMPROVEMENTS, PHASE I - AMENDMENT NO. 2 TO DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) CONTRACT NO. WM 803 - SECTION 319(h) GRANT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 11.I.2. JUNGLE TRAIL SHORELINE STABILIZATION PHASE II - PROJECT AGREEMENT WITH FLORIDA INLAND NAVIGATION DISTRICT (FIND) - PROJECT NO. IR-03-36 . . . . . . . . . . . . . . . . . . . . . . . . . 28 11.I.3. DESIGN AND TOPOGRAPHIC SURVEY FOR 8TH STREET AND 74TH AVENUE - WORK ORDER NO. 1, BURDETTE ASSOCIATES, INC. - IRC PROJECT NO. 03-107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 3 81� 126 PG 038 i ILIA. DISCUSSION ON POSSIBLE PURCHASE OF TRANS-FLORIDA RAILROAD RIGHTS-OF-WAY BETWEEN NORTH COUNTY PARK AND WATERVLIET STREET IN PARTNERSHIP WITH THE CITY OF SEBASTIAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 11.I.5. RIGHT-OF-WAY ACQUISITION - 41 ST STREET BETWEEN 43RD AND 58TH AVENUES - COUNTY PROJECT NO. 0016 - FLORENCE M. SABONJOHN, OWNER (4105 47th Avenue- S '/2 of Lot 4, Block 3, PALM GARDENS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 1 I.J. 4TH STREET AT US #1 - WATER AND FORCE MAIN RELOCATION PROJECT- GEORGE E. FRENCH - WORK AUTHORIZATION DIRECTIVE 2001-070 (FDOT CONFLICT) . . . . . . . . . . . . . . . . . . . . . 31 12.A. MENSING - STIPULATION FOR SETTLEMENT IN LAWSUIT - IRC vs MENSING AND KIRRIE (FORECLOSURE OF CODE ENFORCEMENT LIENS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 13.C. COMMISSIONER ADAMS REPORT ON BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE . . . . . . . . . . . . . . . . . . . 32 14.A. EMERGENCY SERVICES DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . 33 14.13. SOLID WASTE DISPOSAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . 33 14.C. ENVIRONMENTAL CONTROL BOARD . . . . . . . . . . . . . . . . . . . . . . . 33 4 B1( 1 _) P(, 039 i October 21, 2003 The Board of County nComnissionersofIndian River County,Florida,met in Regular Session at the County Commission Chambers 1840 25 th Street Vero Beach Florida on Tuesday,October 21,2003. Present were Kenneth R.Macht, Chairman;Caroline D. Ginn, Vice Chairman 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;Kimberly Massung,Executive Aide to the Board;and Patricia Ridgely, Deputy Clerk. L CALL TO ORDER The Chairman called the meeting to order at 9:00 a.m. 2. INVOCATION Rev. Fred Foy Strang, First Presbyterian Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE Vice Chairman Ginn led the Pledge to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY 11 ITEMS Chairman Macht announced there was a correction to Item 7.E.; Item 9.13.1. was i October 21, 2003 ' 1 Bi( 126 PG 040 deleted;Item I I.C.3. had a revised letter from Real Estate Service Team, Inc.;Item 5.B., an introduction of Chamber,of Commerce new Economic Development Director was added; and additional information was received on Item I I.H.1. Commissioner Adams requested the addition of Item 13.C.,a report on the Beach and Shore Committee meeting held yesterday. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously made the above changes to the agenda. After Item 5.A. was finished, Chairman Macht added Item 5.B., Penny Chandler of the Chamber of Commerce to introduce the new Economic Development Director. 5.A. PROCLAMATION DESIGNATING THE MONTH OF OCTOBER 2003 AS DOMESTIC VIOLENCE AWARENESS MONTH Vice Chairman Ginn read the proclamation into the record. Sheriff Roy Raymond, Judge Paul B. Kanarek, and Victims' Advocate Judy Deeson were present to accept the proclamation. Judy Deeson,Victims'Advocate for the Sheriff's Office,accepted the proclamation on behalf of all victims and their advocates in Indian River County. She will continue the fight; she appreciated the judicial system and appreciated the Commissioners for their support of the program. Vice Chairman Ginn thanked the Sheriff and Judge Kanarek for their support. Chairman Macht acknowledged Ms. Deeson for her development of the department in the Sheriff's office. October 21, 2003 2 Blt I2 6, PG 0 4 1 rFue 5.B. CHAMBER OF COMMERCE EXECUTIVE DIRECTOR PENNY CHANDLER - INTRODUCTION OF NEW ECONOMIC DEVELOPMENT DIRECTOR Penny Chandler introduced Helene Caseltine, the new Economic Development Director for the Indian River Chamber of Commerce. She advised that Ms. Caseltine is a certified economic developer who came from Naples, Florida, where she served as the Economic Development Manager in the Collier County Planning Services Department. She listed her other credentials adding that she believed Helene would help move forward the economic development program of Indian River County. Helene Caseltine felt very fortunate to be involved with Indian River County at this time because a lot of exciting things are happening. She looked forward to working with the County's staff and the business leaders in the community. The Commissioners welcomed her and wished her"good luck". Commissioner Neuberger reported that he had recently visited the Knight Enterprise building in Brevard County with their Economic Development Committee. He suggested a visit to that 600,000 square feet of machinery. Commissioners expressed their pleasure that some of the Reed Knight operations have remained in our county. 6.A. APPROVAL OF MINUTES None. 7. CONSENT AGENDA County Attorney Collins requested that Item 7.1). be separated from the Consent Agenda for discussion. October 21, 2003 3 Btt 12Ca PG 042 Z.A. Reports Placed on File in the Office of the Clerk to the Board St.Johns Water Control District Revised Notice of Regular Quarterly Meeting of Board of Supervisors; and Report of Convictions, September 2003 7.B. Approval of Warrants ON MOTION by Commissioner Adams,SECONDED BY Vice Chairman Ginn, the Board unanimously approved the list of warrants issued by the Clerk on October 9, 2003, as requested. 7.C. Proclamation Designating the Month of November 2003 as National Epilepsy Awareness Month Proclamation has been entered into the record. 7.D. Resolution Nos. 2003-125 thru 2003-134 - Revised Resolutions Concerning Boards and Committees - Agriculture Advises Committee. Beach and Shore Preservation Advisory Committee, Economic Development Council(EDC),Emergency Services District Advisory Committee (ESDAO, Historic Resources Advisory 11`� Committee, Land Acquisition Advisory Committee (LAAO., Marine Advisory Narrows Watershed Action Committee (MANWAC), Parks October 21, 2003 4 OX 126 PG 043 i I and Recreation Committee, Public Library Advisory Board (PLABBBB), and Utility Advisory Committee (UAC, Chairman Macht noted that it has been observed that some of our committees consist of members who are not Indian River County residents. In some cases it is necessary to have people serving from other counties, but most of our committee members should be county residents. County Attorney Collins advised of discussion about MANWAC's composition. Apparently someone who once represented an environmental organization left that organization, is not a resident of the county, but has continued on the committee. The question arose as to whether people should be county residents if they are not representing a multi jurisdictional group. Vice Chairman Ginn thought residency should be a requirement for members, especially for MANWAC. MOTION WAS MADE by Commissioner Adams, SECONDED by Vice Chairman Ginn, to require county residency in Indian River County for members of all County boards and committees. Under discussion, County Attorney Collins suggested Executive Aide Kimberly Massung could determine which members of these committees are not county residents and could bring the Board at a future meeting a list of vacancies for appointments to those committees. Chairman Macht requested the language be strengthened on page 13 of the backup, I i October 21, 2003 I 5 B{( 12G PG 044 t j to"prohibit"members of the committee from contacting consultants or vendors retained by j the County. There was no opposition to this request. Vice Chairman Ginn suggested that the Commissioners submit their recommendations for at-large members to Executive Aide Kimberly Massung so she could make up a list to bring back for voting. County Attorney Collins suggested that the Commissioners could adopt the resolutions today and staff could make the changes prior to the Chairman's signature. Commissioner Adams requested clarification of the motion as to the residency requirement; Vice Chairman Ginn had no problem with representatives of organizations speaking before the committees, but she wanted the voting members to be residents. Discussion ensued. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. (Clerk's Note: the resolutions under this item will all be adjusted to reflect the residency requirement.) ON MOTION by Commissioner Adams,SECONDED BY Vice Chairman Ginn,the Board unanimously adopted Resolution No. 2003-125 restructuring the Agriculture Advisory Committee. ON MOTION by Commissioner Adams,SECONDED BY Vice Chairman Ginn,the Board unanimously adopted Resolution No. 2003-126 restructuring the Beach and Shore Preservation Advisory Committee. October 21, 2003 6 r 74. i ON MOTION by Commissioner Adams,SECONDED BY Vice Chairman Ginn,the Board unanimously adopted Resolution No. 2003-127 restructuring the Economic Development Council. ON MOTION by Commissioner Adams,SECONDED BY Vice Chairman Ginn,the Board unanimously adopted Resolution No. 2003-128 restructuring the Indian River County Emergency Services District Advisory Committee. ON MOTION by Commissioner Adams,SECONDED BY Vice Chairman Ginn,the Board unanimously adopted Resolution No. 2003-129 restructuring the Historic Resources Advisory Committee. ON MOTION by Commissioner Adams,SECONDED BY Vice Chairman Ginn,the Board unanimously adopted Resolution No. 2003-130 restructuring the Land Acquisition Advisory Committee. ON MOTION by Commissioner Adams,SECONDED BY Vice Chairman Ginn,the Board unanimously adopted Resolution No. 2003-131 restructuring the Marine Advisory Narrows Watershed Action Committee. ON MOTION by Commissioner Adams,SECONDED BY Vice Chairman Ginn, the Board unanimously adopted Resolution October 21, 2003 7 BF( 1 26 PG 046 No. 2003-132 restructuring the Parks and Recreation Committee. ON MOTION by Commissioner Adams,SECONDED BY Vice Chairman Ginn, the Board unanimously adopted Resolution No.2003-133 restructuring the Public Library Advisory Board. ON MOTION by Commissioner Adams,SECONDED BY Vice Chairman Ginn,the Board unanimously adopted Resolution No. 2003-134 restructuring the Indian River County Utility Advisory Committee. 7.E. Appointment of William Lundy Parden by the Metropolitan Planning Organization as the Transportation Disadvantaged Representative to the Metropolitan Planning Or Citizens Advisory Committee (MPO CAC) and the Handicapped Representative to the Transportation Disadvantaged Local Coordinating Board (TDLCB) - Replaces Mae Arnold Appointment noted for the record. October 21, 2003 8 B1( 12b- PG 0147 i s. I I Z.F. Frank Coffey Elected Chairman of the EmergenCt Services District Advisory Committee (ESDAQ i Election noted for the record. 7.G. Resolution No. 2003-135 Cancelling Taxes on �uired Propertyof Thomas S. Hammond for Expansion of the Indian River Countv Jail ON MOTION by Commissioner Adams,SECONDED BY Vice Chairman Ginn,the Board unanimously adopted Resolution No. 2003-135 cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Thomas S. Hammond - Jail Expansion) 7.H. Bid Award #6016 - Annual Bid for Zinc Orthophosphate - Shannon Chemical Corporation ON MOTION by Commissioner Adams,SECONDED BY Vice Chairman Ginn,the Board unanimously awarded Bid#6016 to Shannon Chemical Corporation as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid; established an Open End Contract for the period of October 1, 2003 through September 30, 2004 with October 21, 2003 9 �� 126 PG 048 Shannon;an d authorized the Purchasing Manager to renew this contract for two (2) additional one (1) year periods subject to satisfactory performance,zero cost increase,bidder acceptance, and the determination that renewal of this annual contract is in the best interest of Indian River County,all as recommended in the memorandum. U. Bid Award #6020 - Annual Bid for Sulfuric Acid Shrieve Chemical Company ON MOTION by Commissioner Adams,SECONDED BY Vice Chairman Ginn, the Board unanimously awarded Bid#6020 to Shrieve Chemical Company as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid; established an Open End Contract for the period of October 1,2003 through September 30,2004 with Shrieve;and authorized the Purchasing Manager to renew this contract for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, bidder acceptance, and the determination that renewal of this annual contract is in the best interest of Indian River County, all as recommended in the memorandum. October 21, 2003 10 Q�( 12G PG 049 I 7.J. Resolution No. 2003-136 - Partial Release of Easement at 1986 ' 15th Avenue SW, Lot 4, Block 141, Vero Beach highlands Unit 4 - Requested by Michael and Theresa Bendell ON MOTION by Commissioner Adams,SECONDED BY Vice Chairman Ginn,the Board unanimously adopted Resolution No. 2003-136 releasing a portion of an easement on Lot 4, Block 141, Vero Beach Highlands Subdivision Unit 4. 7.K. Resolution No. 2003-137 - Public Transportation Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) - Service Development Grant - Amendment No. One - Council on Aging ON MOTION by Commissioner Adams,SECONDED BY Vice Chairman Ginn,the Board unanimously adopted Resolution No. 2003-137 authorizing the amendment of a Public Transportation Joint Participation Agreement with the Florida Department of Transportation. PARTIALLY EXECUTED AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD October 21, 2003 11 SK I Zu PG 050 i 9.A.1. PUBLIC HEARING - RESOLUTION NO. 2003-138 - ABANDONMENT OF A PORTION OF 14TH STREET AT ITS TERMINUS JUST WEST OF INDIAN RIVER BOULEVARD - LOT 32 BLOCK M ROCKRIDGE SUBDIVISION UNIT 5 - RE VESTED BY DENNIS E. BAYLES PROOF OF PUBLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling reviewed the memorandum using a location map and an aerial photograph to show streets and surrounding areas. This request came about as a result of a code enforcement case which prohibited long-term parking of an RV and a boat on this unpaved right-of-way segment. The applicant has requested this abandonment in order to legally store his boat and RV on the subject property by creating a private driveway and parking area. Staff recommended this abandonment with conditions related to drainage and utilities and a provision for Public Works to access the canal for maintenance purposes on 24-hour notice. Director Boling responded to several questions from the Commissioners concerning the original Rockridge Plat, the code enforcement infraction and procedure, and access to the canal by other Rockridge residents. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. David Krumbhaar, 260 14"' Street, who lives a few houses away, was concerned about how the property will look and who will maintain it. Community Development Director Robert Keating responded that weeds must be controlled; it will be subject to code regulations; and there will be no requirement to pave October 21, 2003 12 1 Bi( 12 U �G 0 5 1 i — i r i 1 \ i the area. Environmental &Code Enforcement Chief Roland DeBlois specified that the Code actually requires a"distinctive driveway"for RV&boat parking. The parking area has to be defined either by gravel or pavement. Constance Krumbhaar has lived nearby for 16-17 years. She noted that the corner of the street has been used as a dumping ground and has overgrown weeds. She wants it to be kept clean, trimmed and free of debris. In response to Commissioner Neuberger's questions, Public Works Director James Davis stated there is no turnaround in that corner. He explained that this portion was platted with the Rockridge Plat in the 1950s and people generally use driveways to turn around. It is not a high traffic area;a dead-end sign is posted. He had no objection to the abandonment under the conditions specified. In response to discussion, Mr. DeBlois stated that if this request is approved, Mr. Bayles will bear the responsibility of maintaining it and keeping it clean; currently it is not his responsibility. Dennis Bayles, the applicant, has owned his property for 8 years. He felt he had meticulously maintained the property until a recent complaint to Code Enforcement was made. He resented the implication that it had not been maintained. He presented some photos showing his boat and RV parked there. (Photos are on file with the backup in the office of the Clerk to the Board.) Renee Renzi, 340-A Waverly Place, asked if this right-of-way would add to Mr. Bayles' properly, and County Attorney Collins explained the process of abandonment and specified that Mr. Bayles' taxes will increase if the abandonment is approved. Rev. Ray Scent asked clarification on the new taxation process. County Attorney Collins explained that the Property Appraiser will receive a copy October 21, 2003 !, 13 Blt 126 PG 052 �q of the resolution abandoning the right-of-way and will adjust the property map. The property will be added to Mr. Bayles' assessment for tax purposes. Brian Heady,Vero Beach,thought the discussion about weeds was not on point with the abandonment request. He faced Ms. Renzi in the back of the audience to make a statement and the Chairman asked that he address the Commission; whereupon Mr. Heady stated the Chairman just wanted to start arguments with him. The Chairman asked Mr. Heady to take his seat and he was escorted from the podium by a deputy sheriff. Mr. Bayles wanted everyone to be aware that he paid a $500 non-refundable application fee as well as $300-$350 for a survey he had to provide. It was determined that no one else wished to be heard and the Chairman closed the public hearing. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board adopted Resolution No. 2003-138 by a vote of 4-1 (Vice Chairman Ginn opposed) providing for the closing, abandonment, vacation and discontinuance of a portion of 14`h Street adjacent to Lot 32, Block M, Rockridge Subdivision, Unit 5 and reserving a drainage, canal maintenance access, and utility easement over the entire right-of way, said land lying in Indian River County, Florida. October 21, 2003 14 BE{ 120' FG 053 i OF- 9.A.2. PUBLIC HEARING-ORDINANCE NO.2003-035-REZONES 101.4 ACRES AT THE NORTHWEST CORNER OF 8TH STREET AND 98TH AVENUE FROM A-1 TO RM-6 - REQUESTED BY THOMAS BARNES PROOF OF PUB141CATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Robert Keating reviewed the memorandum using a Power Point outline(on file with the backup in the office of the Clerk to the Board). He explained the rezoning request and described the property in relation to the surrounding area. He believed this rezoning provided an opportunity to provide housing relatively close to future jobs. Commissioner Neuberger questioned why part of the subject property is in the USA and part is not. Director Keating explained that sometimes there is a dilemma in creating boundaries and it is easier to draw straight lines than go according to property ownership which is what occurred in this instance. Commissioners' questions were answered and discussion ensued. Vice Chairman Ginn expressed concern about traffic on SR 60 since 4th Street is paved only to 74`h Avenue and there is no way to get past I-95 on 8`h Street. She wanted to know what roads were assigned the traffic generation with regard to traffic concurrency. Jeanne Bressett, IRC Traffic Analyst in Traffic Engineering, stated that the intersection impacted is 98`h Avenue and SR 60. Trips were assigned to 981h Avenue initially and then to SR 60 with the majority eastbound on SR 60. She explained how the trips per day were computed and the formula predicted 5,396 trips per day at peak traffic. Vice Chairman Ginn asked if the developer was going to be required to pave 98`h October 21, 2003 15 BI( 126 PG 054 Ii Avenue all the way to 80' Street at his expense. i Director Keating specified that the developer would be required to pave the necessary roads to gain access. The developer may be able to get traffic impact credits. There are several properties in the vicinity that have been submitted for rezoning so there could be several developments that would have p to comply with our roadway grid system. Commissioner Neuberger asked if a median cut would be required on SR 60 by h FDOT,and Director Keating advised that there will be a full median opening at 981"Avenue to allow turning and there will be a signal. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Bruce Barkett, 756 Beachland Blvd., representing the applicant, thought it was important for the Commissioners to understand that the traffic impact study was analyzed and has been approved. Vice Chairman Ginn reiterated her concern about traffic spilling onto SR 60 eastbound. Mr. Barkett pointed out that no development can occur there until 98" Avenue is paved. He assumed the developers will work together to get the roads paved,possibly with the County if they are on the Thoroughfare Plan. Mr. Barkett explained that the developer could use that area for stormwater management or open space,but not for homes unless they were under the Ag zoning(one unit per 5 acres). John Williams, Smugglers Cove, strongly objected to this incredibly premature rezoning for residential development in the "boondocks". He was tired of having our tax money go to pay for development to subsidize our own demise. He believed the County October 21, 2003 16 Bt( 12 055 FN should have a road construction mitigation bank and that developers should be required to make up every dollar in the entire area. He urged the Board not to rezone areas and to consider buying development rights in the near future. Brian Heady,Vero Beach,cited the book"A Land Remembered"which has caused local controversy. He suggested that in the future someone can write "A County Remembered". Chairman Macht asked Mr.Heady to speak on the point;Mr.Heady did not and was asked to take a seat. Fred Mensing,7580129`h Street,strongly urged the County to begin a program soon for buying development rights in order to preserve some of our agricultural land. Rev.Ray Scent spoke of the need to prepare in advance(roads)of development and he thought the County has been trying to do that. We should not be harshly trying to keep someone from using his land because we cannot stop progress. Mr. Barkett noted that our Comp Plan is doing what it is supposed to do. He pointed out the applicant's request is within the law. RM-8 is allowed but Mr. Barnes is asking for only RM-6. Tom M. Barnes Jr., the applicant, advised that he has lived here all his life and helped to plant the grove on the property years ago. He did not ask for the development and he did not create the USA; in fact, he did not know his property was inside the USA and he would prefer to see it remain a grove. He asked the Board to approve his request. It was determined that no one else wished to be heard and the Chairman closed the public hearing. Vice Chairman Ginn was opposed to the rezoning because of traffic concerns and insisted there was not concurrency. She pointed out that rezoning would put multi-family October 21, 2003 17 Bf( ! 26 PG 0SC residential in the midst of active groves. She felt we ought to have an east-west access street (4`h Street)paved. She predicted we are"digging our own grave," and she would not vote in favor of this rezoning. Commissioner Adams commented that we thought the"wall"was on I-95,however, the Board did create the Comp Plan and USA and that is where development is designated. She was concerned because the Board has not yet addressed the problems of residential mixing in with agricultural. Commissioner Lowther queried Director Keating on how frequently the Comprehensive Land Use Plan gets reviewed and when would be the next opportunity,and Director Keating responded that applicants can submit amendments twice a year. The State requires the County to do an Evaluation and Appraisal Report (EAR) on a regular basis. Our next one is due in 2008. Commissioner Lowther then asked how they could say"no". Vice Chairman Ginn contended the Board was not required to approve this application; it is quasi-judicial. County Attorney Collins counseled that when the landowner shows consistency with the Comprehensive Plan, then the burden is on the County to show that maintaining the existing zoning serves some legitimate public purpose and that the refusal to rezone is not arbitrary, discriminatory, or unreasonable. Also the local government has the discretion to decide that the maximum density should not be allowed,but here they are not asking for the maximum of RM-8, but RM-6. The Board has the discretion not to allow maximum development density,provided that they allow some development that is consistent with the Plan and the decision is supported by substantial competent evidence. He advised other uses that would be allowed in the M-1 multi-family zoning district include neighborhood- commercial,professional office,multi-family/mobile home classifications,as well as RM-8, RM-6, RM-4, RM-3, and RT-6- October 21, 2003 18 B�; 126 PC 057 Chairman Macht advised that he has asked staff to research case law on the Bert Harris Act. He understood that the Board would have to show a compelling reason why it is not in the public interest to grant any zoning request. He thought it might be a good idea to have a workshop to gain an understanding of the limits of the Board's authority. He thought it would create difficulty if the Board did not grant this request. He believed the reason for creation of jobs is to employ people already in our county, not to attract people from elsewhere. Commissioner Neuberger predicted 4`" Street would be paved in the next 10 years. He thought everyone would like to see Vero Beach the way it is or the way it was. The community leaders have made it a heaven and people want to live here. We cannot stop development and we ought to provide for it in an orderly way. MOTION WAS MADE by Commissioner Neuberger, SECONDED by Commissioner Lowther, to approve staff s recommendation. Under discussion, Vice Chairman Ginn reiterated her concerns and intention to vote in opposition. Discussion ensued. AT THE URGING OF COMMISSIONER LOWTHER, THE CHAIRMAN CALLED THE QUESTION and the motion carried 3-2 (Vice Chairman Ginn and Commissioner Adams opposed). (Ordinance No. 2003-035 adopted amending the Zoning Ordinance and the accompanying zoning map for October 21, 2003 19 approximately 10 1.4 acres located at the northwest corner of 81h Street and 98`h Avenue, from A-1, Agricultural District (up to 1 unit/5 acres), to RM-6, Multiple-family Residential District (up to 6 units/acre); and providing codification, severability, and effective date.) Commissioner Adams expressed her serious concern about the interface of the residential impact on grove owners. These grove owners will be impacted on how they are able to maintain their groves;we have seen it happen all over the USA in our county. It will have to be dealt with at a later time. She wanted"how to manage agricultural property with encroaching residential development" on a future Agenda. Chairman Macht agreed creation of multi-family in that area is at the wrong time and the wrong place but it is within the law the Board created. He thought the Comprehensive Plan really needs to be looked at as well as the USA to make a determination of what we want to see on the other side of it. (CLERK'S NOTE: Chairman Macht requested the Board take Item 12 next because our outside counsel was in the audience. There was CONSENSUS to consider it and then return to the regular agenda sequence. These minutes are being written following the agenda order for continuity purposes.) 9.B.1. PUBLIC DISCUSSION ITEM-DAN R.BRYAN19 PARADISE PETROLEUM INC. REGARDING GASOLINE PRICES IN INDIAN RIVER COUNTY Deleted. October 21, 2003 20 Bit 1206 PG 059 3 MAJ. CONSIDERATION OF PROPOSAL TO REQUIRE RELOCATION OF MATURE OAK TREES IN NEW DEVELOPMENTS- STAFF AUTHORITY TO ISSUE AFTER-THE-FACT TREE REMOVAL PERMITS Environmental & Code Enforcement Chief Roland DeBlois reviewed the memorandum using a PowerPoint outline for his presentation. He explained staff's role in reviewing development plans with respect to trees and plants. He reviewed our current tree relocation requirements and presented a comparison to Brevard and St.Lucie Counties'tree relocation requirements. He pointed out that transplanting success factors depend on age, health, timing, soil compatibility, pretreatment and post-treatment, and there are other considerations such as cost and legal concerns. He reviewed staff's recommendation to not amend the current tree protection ordinance but direct staff to develop an amendment that adds a replacement or preservation ratio for native trees >_12" dbh using a combination of Brevard and St.Lucie Counties'replacement/mitigation ratio requirements for reference and not require retention or relocation of all oak trees <12" dbh, but instead provide incentive for protection of mature oaks via a replacement. Also,staff recommends that the Board not change the ordinance with respect to Planning staff's review and approval of after-the-fact tree removal permits which became an issue subsequent to a reduction in fine after the development of the Palms of Vero. If the Board wishes to consider taking away the authority from the staff, then the Board needs to develop objectives and criteria based on fact and specific criteria, not emotion, in the particular issue. Commissioner Adams pointed out the developer(Palms of Vero)would have saved money by moving the trees, but the cost is insignificant compared to the value of the trees, which is priceless. There is a great public sentiment which favors saving our trees. She suggested there could be a"tree bank"on private or public property which could pay for the October 21, 2003 21 Bft 12 6 PG 0 6 0 trees to be moved."Tree trust"might be more appropriate terminology. Moving trees is now down to a science and the County must lead the way. She commented we would still not be saving oaks if we were to incorporate another county's requirements. We can have the best of all worlds;conserving these trees will be a win-win for everyone. She wanted to see this idea incorporated into the tree ordinance. She urged her colleagues to give us the opportunity to move them, not take them down. Vice Chairman Ginn wanted to save the trees but was concerned about a Bert Harris conflict. County Attorney Collins explained that the Bert Harris Act says any development regulations passed after May 1995 which have the effect of inordinately burdening private property,with expenses that in all fairness ought to be borne by the public at large,give rise to a cause of action for damages. It also requires a complaint to be filed, a bona fide valid appraisal supporting the claim of loss of value and it allows a time period of 180 days to make settlement offers that can include variances from the regulations imposed. So, it may be that passing such a law would invite Bert Harris complaints, but the mechanism might be there on a case-by-case basis to address settlement. It could complicate things but it may not break the bank depending on how judicious you are on your settlements. Commissioner Neuberger had read a tree can be removed if it is a "nuisance"; how do we define "nuisance"? He also inquired why we have after-the-fact permits. Mr. DeBlois responded that it could be considered a nuisance if it was a safety or health hazard. As to after-the-fact tree removal permits, Mr. DeBlois explained that there is an opportunity for staff to assess it to determine if it would have come under the removal criteria. The hard-line approach would be to fine the property owner no matter why he removed the tree. He explained the development process and stated that the Palms of Vero was a judgment issue. He explained tree removal in other areas,such as conservation,would October 21, 2003 22 GIS 12 ( FG 0 6 1 have other criteria. Discussion ensued concerning a couple of developments that have voluntarily prepared to replace and/or plant trees. MOTION WAS MADE by Commissioner Neuberger, SECONDED BY Commissioner Lowther, to approve staff s recommendation(on page 132 of the backup). Under discussion,Commissioner Adams thought this was not enough to save the big trees and we need to determine the way to save those big trees. THE CHAIRMAN CALLED THE QUESTION and the motion carried 4-1 (Vice Chairman Ginn opposed). (The Board agreed not to amend the County tree protection ordinance to require protection or transplanting of all oak trees >_12" dbh in conjunction with site development projects; did not direct staff to develop an amendment to the ordinance that adds a "replacement"or"preservation"ratio for native trees >_12" dbh that qualify for removal using a combination of Brevard County's and St. Lucie County's replacement/mitigation ratio requirements for reference; and did not change the ordinance wit', respect to county environmental planning staff's review and approval of after-the-fact tree removal permits. October 21, 2003 23 OX 12 6 PG 062 1� 11.C.1. CONSIDERATION OF SALE OF COUNTY PROPERTY (A FORMER MARL BORROW PIT CONSISTING OF 4 ACRES) AND DECISION NOT TO SELL SAME TO ADJACENT PROPERTY OWNERS BY SEALED BID - A PORTION OF TRACT 3, SECTION 30, TOWNSHIP 32 SOUTH,RANGE 39 EAST,ACCORDING TO THE LAST GENERAL PLAT OF INDIAN RIVER FARMS COMPANY Commissioner Adams recommended the property not be sold since it may be needed by the County sometime in the future for stormwater retention and there is little to be gained in selling it. ON MOTION by Commissioner Adams, SECONDED by Vice Chairman Ginn,the Board unanimously agreed not to sell the subject property. 11.C.2. PURCHASE OF THELMA SPIKES' RESIDENCE AUTHORIZED - EAST 61.8 FEET OF LOT 1, BLOCK 7, BOOKER T WASHINGTON ADDITION SUBDIVISION - PARCEL FOR NEW COUNTY ADMINISTRATION COMPLEX ON MOTION by Commissioner Lowther, SECONDED BY Vice Chairman Ginn, the Board unanimously authorized the acquisition of the subject property at a price not to exceed $83,000, and that the County Attorney be authorized to move forward with the necessary steps to closing on the purchase,and that the Chairman be authorized to execute any necessary documents to accomplish the acquisition as approved by the Board, as recommended in the memorandum. October 21, 2003 24 BIN 1 2IS FG 063 1 'II SETTLEMENT STATEMENT'(closing date 12/16/03),RECORDED WARRANTY DEED, AFFIDAVIT OF SELLER,POST CLOSING OCCUPANCY AGREEMENT,AND 2003 REAL PROPERTY TAX RECEIPT'ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD i� 11.C.3. BID AWARD#6030-GRANT OF EXCLUSIVE EASEMENT- TWO PARCELS-THE REAL ESTATE TEAM OF MERRITT ISLAND, FLORIDA - INDIAN RIVER FARMS COMPANY SUBDIVISION AND VALENCIA PARK SUBDIVISION - BELLSOUTH TELECOMMUNI- CATIONS (OPTIONS FOR ACQUISITION OF EASEMENTS) ON MOTION by Commissioner Adams,SECONDED BY Vice Chairman Ginn, the Board unanimously accepted the sole bid P I from The Real Estate Team of Merritt Island, Florida, for the exclusive utility easement on both parcels since the intent of the bidder was to meet the minimum bid amount established by the Board, as recommended in the memorandum. In addition, the Board authorized the Chairman to execute the appropriate grant of easement documentsO tions for Acquisition uisitionofEasements � P q ), as reviewed and approved by the County Attorney. Y OPTIONS FOR ACQUISI-FION OI:EASEMENT and COPY OF EASEMENT'("1'0 BE RL'-CORDID)ARE ON FILE IN THE OFFICE OF TT IF CLERK TO 1'I-IE BOARD 11,D, BARGAINING STRATEGY MEETING SCHEDULED - TEAMSTERS LOCAL 769 - EMERGENCY MEDICAL SERVICES BATTALION CHIEFS Administrator Chandler advised he needed to have the Board convene in a bargaining October 21, 2003 25 BK 126 FG 064 �I t E 4 strategy meeting concerning the titled subject. He thought it might take about 1-1/2 hours. He suggested it be held after today's meeting or after their first meeting of November. There was CONSENSUS to hold the bargaining strategy meeting after their November 4, 2003 meeting. 11.H. DODGER'S HOLMAN STADIUM-USE GUIDELINES AND AGREEMENT - BOYS AND GIRLS CLUBS OF INDIAN RIVER COUNTY, INC. Chairman Macht advised that backup had been submitted for this item. Administrator Chandler briefly reviewed the memorandum and explained this involved two points: a policy for all users of Holman Stadium for the County's allotted days and also an agreement with the Boys and Girls Clubs for an upcoming event at Holman Stadium. The main concern is to protect the County because we have total liability for use of the properties under the agreement with the Dodgers. As a result of last week's discussion,the use of alcoholic beverages is not included in the policy. The use of alcoholic beverages is included with specific conditions to be met in the agreement with the Boys and Girls Club. As of yesterday he understood the Dodgers concurred on the general policy, however,he had heard from Craig Callen just before the meeting that the final draft had not been received from their legal department in California. In the memorandum, staff recommended to go ahead with the general policy. He also added that if minor changes should come up on the Boys and Girls Club's agreement, that staff be authorized to accept those minor changes as suggested by one of our County Attorneys. Chairman Macht commented that "minor" is the operative word. October 21, 2003 26 ppr Uii 2 (S 0 6 5 { i i Craig Callen, Vice President Spring Training/Minor League Facilities for the Dodgers, 1575 46'Avenue, was very supportive of whatever the County wants to do with the 20 days they are entitled to use the Stadium. He was accustomed to working with the Dodger's attorneys; the drafts go back and forth to ensure the Dodgers are protected. He expected that some indemnification clauses might need changing,but he did not foresee any major changes. He noted there is a list of things their attorneys are working on, including the sale of the Los Angeles Dodgers. He had sent the latest paperwork to them about a week ago, but that was not an inordinate amount of time based on the other issues. He believed it was not held up for any reason other than trying to get it right. Discussion ensued. ON MOTION by Commissioner Neuberger, SECONDED BY Commissioner Adams,the Board unanimously approved staff s recommendation, as set out in the memorandum, with minor changes authorized. (The Board [1] approved the policy and further required the Stadium user groups, under the agreement, to provide contractual and compensation agreements that the user groups may enter into with the Dodgers, or other vendors, for concessions,beverages,or other miscellaneous items as part of the post event fiscal report; [2]approved the form of the agreement with the Boys and Girls Club of Indian River County, Inc.; [3] authorized the County Administrator to sign the agreement after the security deposit is received and proof of ability to obtain required insurance is submitted; and [4]delegated the County Administrator the authority to execute October 21, 2003 27 BK 120 Pu 066 any required cash escrow agreement after review and approval of the cash escrow agreement through the County Attorney's office.) (CLERK'S NOTE: Finalized version of the policy is filed with the backup in the office of the Clerk to the Board.) SIGNED DOCUMENT RECEIVED 4/2/04- SEE 4/6/04 DOCUMENTS MADE PART OF THE RECORD 11.I.1. VERO LAKE ESTATES STORMWATER IMPROVEMENTS PHASE I - AMENDMENT NO. 2 TO DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) CONTRACT NO WM 803 SECTION 319(h) GRANT ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously authorized the Chairman to execute Amendment No. 2 to the existing Section 319(h) Grant, as recommended in the memorandum. AMENDMENT NO.2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.2. JUNGLE TRAIL SHORELINE STABILIZATION PHASE II- PROJECT AGREEMENT WITH FLORIDA INLAND NAVIGATION DISTRICT (FIND) - PROJECT NO IR-03-36 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously approved Project Agreement IR-03-36 and Exhibit C - Matching Funds Certification and authorized the Chairman to execute both copies of the agreement and Exhibit C, as recommended in the memorandum. October 21, 2003 28 E;t f 2G FG 067 f COPY OF PARTIALLY EXECUTED AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.3. DESIGN AND TOPOGRAPHIC SURVEY FOR 8TH STREET AND 74TH AVENUE -_WORK ORDER NO. 1, BURDETTE ASSOCIATES. INC. - IRC PROJECT NO 03-107 ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Adams,the Board unanimously approved Work Order No. 1 with Burdette Associates, Inc., authorizing the topographic design survey for 81h Street from 66`h to 74`h Avenue and 74`h Avenue from 8`h to 12`h Street as outlined in the scope of services and authorized the Chairman to execute the same, as recommended in the memorandum. WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.4. DISCUSSION ON POSSIBLE PURCHASE OF TRANS- FLORIDA RAILROAD RIGHTS-OF-WAY BETWEEN NORTH COUNTY PARK AND WATERVLIET STREET IN PARTNERSHIP WITH THE CITY OF SEBASTIAN MOTION WAS MADE by Vice Chairman Ginn,SECONDED BY Chairman Macht for discussion, to approve Alternative 1. Under discussion, Chairman Macht commented that it is in our interest to acquire it; and Commissioner Adams agreed. October 21, 2003 29 l�K �� PG 068 THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. (Authorized staff to meet with City of Sebastian officials to discuss the fate of the railroad right-of- way between North County Park and Watervliet Street [to determine whether the RR right-of-way at the CRT property can be included in an Agreement to preserve]. If the City of Sebastian has no interest in preserving the right-of-way, staff shall secure appraisals to determine the cost of acquisition by the County.) 11.I.5. RIGHT-OF-WAY ACQUISITION-41ST STREET BETWEEN 43RD AND 58TH AVENUES - COUNTY PROJECT NO. 0016 - FLORENCE M. SABONJOHN, OWNER (4105 47th Avenue - S '/Z of Lot 4, Block 3, PALM GARDENS) ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Lowther, the Board unanimously approved the $32,000 purchase from Florence M. Sabonjohn and authorized the Chairman to execute the Agreement,as recommended in the memorandum. COPY OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD October 21, 2003 30 B1( 12 IS PG 0 6 9 11.J. 41H STREET AT US #1 - WATER AND FORCE MAIN RELOCATION PROJECT - GEORGE E. FRENCH - WORK AUTHORIZATION DIRECTIVE 2001-070 (FDOT CONFLICT ON MOTION by Commissioner Lowther, SECONDED BY Commissioner Neuberger,the Board unanimously approved the project at a total cost of $220,566.36, including 10% contingency for labor, and authorized the Chairman to execute s Work Authorization Directive No. 2001-70 to the Utilities Department Labor Contractor (Attachment 4) authorizing payment to him of up to $112,472.86, as presented, as recommended in the memorandum. WORK AUTHORIZATION DIRECTIVE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12.A. MENSING - STIPULATION FOR SETTLEMENT IN LAWSUIT - IRC vs MENSING AND KIRRIE FORECLOSURE OF CODE ENFORCEMENT LIENSI (CLERK'S NOTE:This item was heard directly after Item 9.A.2.because the Chairman noted that outside counsel was present. At its conclusion,the Board went back to following the items as they appeared on the agenda.) County Attorney Collins advised that he has attempted to structure a settlement that he could recommend to the Board in order to get more than what we would get from a lawsuit. He presented a comprehensive review of the terms of the Stipulation for Settlement. A hand-noted map of the properties in the area was displayed in order to show what will occur under the terms of the agreement. October 21, 2003 31 g,{ 12 ' FG 070 ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Lowther, the Board unanimously approved entering into the Stipulation for Settlement with Mr. Fred Mensing, as recommended by the County Attorney. (CLERK'S NOTE: At the conclusion of this item, Chairman Macht returned to agenda with Item 9.13.1.) U.C. COMMISSIONER ADAMS' REPORT ON BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE Commissioner Adams reported on the meeting yesterday of the BSPAC chaired by Ralph Sexton. There was information on the continued fine performance of the PEP reef and also some "before" and "after"photographs of the result of the hurricane that recently passed us by. No appreciable change was shown. There was a bit of fireworks when Larry Brashears called for the resignation of Ralph Sexton and Bill Glynn (BSPAC member) because they are both involved in the suit with Sebastian Inlet Tax District. She had discussed this matter with the County Attorney and there was nothing wrong with their appointments to that committee. You would expect to have advocates of the beach on the committee. Four of the Commissioners were present at that meeting and she appreciated their interest. Vice Chairman Ginn asked to get a copy of the figures that Mr. Sexton has, and Commissioner Adams assured her she would provide a copy. Chairman Macht reported he had visited the project area within the last few days before the meeting and he affirmed that it looks fine. Last night he was at Humiston Beach and he believed he saw more beach there than he had seen in 27 years. October 21, 2003 32 GK 12 6 PG 0 7 1 W.A. EMERGENCY SERVICES DISTRICT None. 1 14A 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. H.C. ENVIRONMENTAL CONTROL BOARD None. i ALL BACKUP DOCUMENTATION,RESOLUTIONS,AND ORDINANCES ARE ON FILL: IN TI IE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES There being no further business,upon motion duly made and seconded,the Chairman adjourned the meeting at 11:37 a.m. ATTEST: Jeffrey K. arton, Clerk enneth R. Macht, Chairman Minutes approved JAN 0 6 2004 October 21, 2003 i 33 Bit 1 2 6 PG 072