The URL can be used to link to this page

Home My WebLink About01/21/2003AGENDA TUESDAY, JANUARY 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 Caroline D. Ginn, Vice Chairman Fran B. Adams Thomas S. Lowther Arthur R. Neuberger District 3 District S James E. Chandler, CouIty Administrator District 1 Paul G. Banger County Attorney District 4 Kimberly Massung, Executive Aide to BCC District 2 Jeffrey K. Barton, Clerk to the Board BACKUP 9:00 a.m. 1. CALL TO ORDER PAGES 2. INVOCATION Pastor Michael Beaver First Church of God 3. PLEDGE OF ALLEGIANCE James E. Chandler 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS ADDITION: 9.B.2. Brian Heady to Speak on One Subject for Three Minutes DELETIONS: I I.A. Proposed Revisions to the Land Acquisition Guide 11 .G.5. License Agreement for Bridgewater Investments, LLC for Flagpole ADDITIONAL BACKUP: 13.A.1. Commissioner Committee Assignments 14.A.2. FY 2002/03 EMS County Awards Grant Application/Purchase 5. PROCLAMATION and PRESENTATIONS A. Presentation of Proclamation Designating the Month of February, 2003 as Library Appreciation Month B. Presentation to Board in Recognition of Indian River County 2.3 C. Presentation of Proclamation Designating January 26 thru February 1, 2003 as Week of Caring in Indian River County 4 r71 Li 6. APPROVAL OF MINUTES BACKUP A. Regular meeting of January 7, 2003 PAGES 7. CONSENT AGENDA A. Approval of Warrants (memorandum dated January 9, 2003) 5-14 B. Metropolitan Planning Organization Bicycle Advisory Committee (MPO BAC) 15 (memorandum dated January 14, 2003) C. Metropolitan Planning Organization Citizens Advisory Committee (MPO CAC) (memorandum dated January 10, 2003) 16-17 D. Parks and Recreation Advisory Committee (memorandum dated January 14, 2003) 18-20 E. Proclamation Honoring Charles A. Cramer on Retirement from Indian River County 21 F. Request to Amend the Indian River County Community Development Block Grant (CDBG ) Housing Assistance Plan (HAP), to Approve the CDBG Consultants Admini- strative Services Contract and to Authorize the Chairman to Sign CDBG Contract Items (memorandum dated January 15, 2003) 22-32 G. Grant from Florida Department of Revenue (memorandum dated January 15, 2003) 33-34 H. Children's Services Advisory Committee Annual Report covering October 1, 2001 through September 30, 2002 (memorandum dated January 10, 2003) 35-56 I. Extension of Laboratory / Analytical Service Contract with Test America (memorandum dated January 15, 2003) 57-71 N BACKUP 8. CONSTITUTIONAL OFFICERS and PAGES GOVERNMENTAL AGENCIES None 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. GHA Grand Harbor Ltd.'s Request for a Change to the Grand Harbor DRI Development Order to Add the "Luther" Site (Quasi Judicial) (memorandum dated January 14, 2003) 72-100 2. Request by St. John's River Water Management District for Abandonment of a Number of Rights - of -Way within a Portion of the Fellsmere Farms Company Subdivision (Carson Platt Holdings) (Legislative) i (memorandum dated January 9, 2003) 101-114 3 4. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, REGARDING AMENDMENT OF THE DEFINITION OF "RECREATIONAL VEHICLE", AMENDING LAND DEVELOPMENT REGULA- TIONS (LDRS) CHAPTER 901, ZONING, AMEND- ING THE DEFINITION OF RECREATIONAL VEHICLE; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE Proposed LDR Amendment to the Section 901.03 Definition of "Recreational Vehicle" (Legislative (memorandum dated January 13, 2003) AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, REGARDING SETBACK REDUCTIONS FOR SCHOOLS, AMENDING LAND DEVELOP- MENT REGULATIONS (LDRS) CHAPTER 971.14(4 AND PROVIDING FOR REPEAL OF CONFLICTIN( PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE Request to Amend Land Development Regulations Section 971.14(4) to Modify School Setback Allowances (Legislative) (memorandum dated January 15, 2003) 3 Un 115-137 138-169 t : ; J `i {4 BACKUP 9. PUBLIC ITEMS (cont'd.): PAGES A. PUBLIC HEARINGS (cont'd.): 5. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT REGULATIONS (LDRS); CHAPTER 911, ZONING, ESTABLISHING THE SMALL-SCALE HOME FURNISHINGS SHOWROOMS (EXCLUDING FURNITURE AND MAJOR APPLIANCES) USE CATEGORY; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE First Hearing: Proposed LDR Amendment to Revise Section 911.10(4) and to Create New Section 971.42(5) to Allow Small-scale Home Furnishing Showroom Uses in the OCR District (Legislative) (memorandum dated January 9, 2003) 170-205 B. PUBLIC DISCUSSION ITEMS 1. Request from James D. St. Clair to speak concerning noise problem with St. Edward's School (memorandum dated January 14, 2003) 206 C. PUBLIC NOTICE ITEMS Scheduled for Public Hearing February 4, 2003: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 90-17, CODIFYING AND PUBLISHING THE ORDINANCES PUBLISHED IN THE CODE OF INDIAN RIVER COUNTY UP TO AND INCLUDING SUPPLEMENT 44 THERETO, READOPTING THE CODE OF INDIAN RIVER COUNTY, DESIGNATING THE CODE OF INDIAN RIVER COUNTY AS THE BEST EVIDENCE OF THE CURRENT LAW OF INDIAN RIVER COUNTY, FLORIDA, AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFEC- TIVE DATE (memorandum dated January 15, 2003) 207-210 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development 1. Board Consideration of Proposed Revisions to the Land Acquisition Guide (memorandum dated January 15, 2003) 211-219 U '`1 4 INDEX TO MINUTES BOARD OF COUNTY COMMISSIONERS MEETING OF JANUARY 21, 2003 2 3 4 E 6. CALLTO ORDER ................................................. I INVOCATION............................................i........1 PLEDGE OF ALLEGIANCE .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........ 1 ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ..... 1 PROCLAMATIONS AND PRESENTATIONS ...... 5.A. Proclamations Designating the Month of February Appreciation Month . . . . . . . . . . . . . . . . . . . . . . . 5.B. Presentation to the Board in Recognition of Indian of 400 Scholarship Fund, Inc. . . . . . . . . . . . . S.C. Proclamation Designating January 26 thru Februar Caring in Indian River County . . . . . . .. . . . . 2 2003 as Librpry 2 River Count - Friends . i 2 y 1, 2003 as Veek of 3 APPROVAL OF MINUTES - JANUARY 7, 2003 . . . . . . . . . . I'll, . . . . . . . . 3 CONSENT AGENDA ..................................... ....... 3 7.A. Approval of Warrants ................................ ....... 3 7.B. Metropolitan Planning Organization Bicycle Advisory Committ e (MPO BAC) - Lt. Scott Melanson Appointed by City of Fellsmere ........... 4 7.C. Metropolitan Planning Organization Citizens Advisory Commit ee (MPO CAC) - Deryl Seemayer Appointed as Second Representative by1 City of Sebastian .......................................... ........4 7.D. Parks and Recreation Advisory Committee - City of Sebastian Representative Julianne Barrett's Resignation and Appointment of Jayne Barczyk............................................!........4 7.E. Proclamation and Retirement Award - Charles A. Cramer on Retirement from Indian River County ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7.F. Indian River County Community Development Block Grant (CI?BG) Housing Assistance Plan (HAP) Amendment - Consultants' Administrative Services Contract PAPERS II Program- Fred Fo Enterprises, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 LI Lt44 J - ' .j _} .. 7.G. Florida Department of Revenue Grant - Appropriation of Funding - Property Appraiser - Large Scale Statewide Basemap Development ..... 5 7.H. Children's Services Advisory Committee Annual Report - FY 2001-2002 6 7.1. Assignment and Extension of Laboratory/Analytical Service Contract - TestAmerica Analytical Testing Corp. (f/k/a TestAmerica Incorporated) . 6 9.A.1. PUBLIC HEARING - RESOLUTION NO. 2003-004 - GHA GRAND HARBOR LTD. - AMENDMENT TO GRAND HARBOR DRI DEVELOPMENT ORDER TO ADD THE "LUTHER" SITE (Quasi Judicial) . . . . . . . . . . . . . . . . . . . . . . . . 7 9.A.2. PUBLIC HEARING - ST. JOHNS RIVER WATER MANAGEMENT DISTRICT DENIAL OF REQUEST FOR ABANDONMENT OF NUMEROUS RIGHTS -OF -WAY WITHIN A PORTION OF THE FELLSMERE FARMS COMPANY SUBDIVISION (CARSON PLATT HOLDINGS) - (Legislative) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9.A.3. PUBLIC HEARING - ORDINANCE NO. 2003-001 - LDR AMENDMENT TO SECTION 901.03 DEFINITION OF "RECREATIONAL VEHICLE" (Legislative) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9.A.4. PUBLIC HEARING - ORDINANCE NO. 2003-002 - LDR AMENDMENT TO SECTION 971.14(4) TO MODIFY SCHOOL SETBACK ALLOWANCES (ST. PETER'S MISSIONARY BAPTIST CHURCH) (Legislative) . . . . . . . . . . . . . 11 9.A.5. PUBLIC HEARING - FIRST PUBLIC HEARING - LDR AMENDMENT TO CHAPTER 911, ZONING, TO REVISE SECTION 911.10(4) AND TO CREATE NEW SECTION 971.42(5) TO ALLOW SMALL-SCALE HOME FURNISHINGS SHOWROOM USES (EXCLUDING FURNITURE AND MAJOR APPLIANCES) IN THE OCR DISTRICT (Legislative) ........... 12 9.B.1. PUBLIC DISCUSSION ITEM - REQUEST FROM JAMES D. ST. CLAIR TO SPEAK CONCERNING NOISE PROBLEM WITH ST. EDWARD'S SCHOOL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 9.B.2. BRIAN HEADY - CONCERNS FOR POSSIBLE POLLUTION PROBLEM IN CONNECTION WITH JOINT COUNTY/SCHOOL DISTRICT FLEET MANAGEMENT COMPLEX AND FUELING DEPOT .................. 16 p 9.r r e` t/ 9.C. PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED FOR FEBRUARY 4, 2003 .............................................. 17 1. AN ORDINANCE AMENDING ORDINANCE NO. 90-17, CODIFYING AND PUBLISHING THE ORDINANCES PUBLISHED IN TIME CODE OF INDIAN RIVER COUNTY UP TO AND INCLUDING SUPPLEMENT 44 (READOPTING THE CODE) . . . . . . . . . . . . . . . . . 17 11.A.1. PROPOSED REVISIONS TO LAND ACQUISITION GUIDE ....... 17 11.B.1. WE CARE OF THE TREASURE COAST - RENEWAL OF C ASS "E" CERTIFICATE OF PUBLIC CONVENIENCE AND NECESS TY TO PROVIDE WHEELCHAIR/STRETCHER SERVICES ............. 17 11 .C. 1. AUTHORIZATION FOR DONATION AND LOCAL SALE CIF OBSOLETE VOTING MACHINES (PUNCH CARD DEVICES) 18 11.C.2. FLOOR COATING FOR JAIL SHOWERS AND KITCHEN - RUST- OLEUM EPDXY COATING - TAYLOR INDUSTRIAL COATING, ..............................................11.......18 11.G.1. BEACH RESTORATION PROJECT (SECTORS 1 & 2) - APP IED TECHNOLOGY AND MANAGEMENT, INC.- AMENDMENT NO. 5 - DEPARTMENT OF ENVIRONMENTAL PROTECTION GR4NT AGREEMENT 98 III.. 1 ................................ 19 11.G.2. KINGS HIGHWAY (58TH AVENUE) IMPROVEMENTS - K MLEY- HORN, INC. - ENGINEERING SERVICES AMENDMENT N . 17.. 20 11.G.3. EAST INDIAN RIVER COUNTY MASTER STORMWATER MANAGEMENT PLAN - CARTER ASSOCIATES, INC. - PARTIAL RELEASE OF RETAINAGE FOR THE AMENDMENT TO ORK ORDERNO.1.......................................F......21 11.G.4. RESOLUTION NO. 2003-005 - EAST GIFFORD STORMWA1IER IMPROVEMENTS - FLORIDA DEPARTMENT OF TRANSP R- TATION (FDOT) JOINT PARTICIPATION AGREEMENT (J A) ... 21 nhl ' ��1l �i J i i: 1 I a.v,. 11.G.5. BRIDGE WATER INVESTMENTS, LLC - LICENSE AGREEMENT TO ERECT A FLAGPOLE ADJACENT TO MONUMENT SIGN - INDIAN RIVER BOULEVARD RIGHT-OF-WAY ....................... 22 11.G.6. TWO PROJECTS - PROCTOR CONSTRUCTION COMPANY - AMENDMENT NO. I TO AGREEMENT - GUARANTEED MAXIMUM PRICE AND NOTICE TO PROCEED - 1) JOINT COUNTY/SCHOOL DISTRICT FLEET MANAGEMENT COMPLEX AND FUELING DEPOT AND 2) ROAD AND BRIDGE DIVISION AND TRAFFIC ENGINEERING FACILITIES IMPROVEMENTS ... 22 11.H.1. NORTH COUNTY BRINE LINE ROUTE SURVEY - MASTELLER, MOLER & REED, INC. - INVOICE/REQUEST FOR FINAL PAYMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 11.H.2. RESOLUTION NOS. 2003-006/007 - FLORIDA RIDGE SUBDIVISION WATER SERVICE - PRELIMINARY ASSESSMENT RESOLUTIONS I AND II (PROJECT NO. UCP-2164) AND DISCUSSION ON WATER SERVICE FOR OTHER SUBDIVISIONS 11.H.3. RESOLUTION NOS. 2003-008/009 - WEST SIDE SUBDIVISION PETITION WATER SERVICE PRELIMINARY ASSESSMENT RESOLUTIONS I AND II (PROJECT NO. UCP-2177) ............. 27 13.A. CHAIRMAN MACHT - COMMISSION COMMITTEE ASSIGNMENTS ... 28 13.B. VICE CHAIRMAN GINN - TREASURE COAST REGIONAL PLANNING COUNCIL'S INCREASE/DUES.................................... 28 13.F. COMMITTEE APPOINTMENTS & RE -APPOINTMENTS TO COUNTY COMMITTEES, ADVISORY COMMITTEES, BOARDS AND COUNCILS FOR2003 .......................................................29 14.A. EMERGENCY SERVICES DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 14.B. SOLID WASTE DISPOSAL DISTRICT .............................. 31 14.C. ENVIRONMENTAL CONTROL BOARD ............................ 31 4 kV I BACKUP 11. DEPARTMENTAL MATTERS (cont'd.): PAGES B. Emergency Services 1. Approval of Renewal for a Class "E" Certificate of Public Convenience and Necessity for We Care of the Treasure Coast, Inc. to Provide Wheelchair/Stretcher Services (memorandum dated January 7, 2003) l 220-241 C. General Services 1. Authorization for Donation and Local Sale of Obsolete Voting Machines (memorandum dated January 15, 2003) 242 2. Floor Coating for Jail Showers and Kitchen (memorandum dated January 13, 2003) I 243-277 D. Leisure Services None E. Office of Management and Budget None F. Human Resources None G. Public Works 1. Applied Technology and Management Contract Amendment No. 5 (memorandum dated January 14, 2003) 278-294 2. Kings Highway Improvements Engineering Services Amendment No. 17 (memorandum dated January,14, 2003) 295-298 3. Approval of Partial Release of Retainage for the Amendment to Work Order No. 1 — East Indian River County Master Stormwater Management Plan (memorandum dated January 14, 2003) 299-302 4. East Gifford Stormwater Improvements — Florida Department of Transportation Joint Participation Agreement for $44,508 (memorandum dated January 14, 2003) 303-313 5 11. DEPARTMENTAL MATTERS (cont'd.) BACKUP G. Public Works (cont'd.): PAGES 5. License Agreement for Bridgewater Investments, LLC to Erect a Flagpole Adjacent to Monument Sign within Previously Licensed Right -of -Way along Indian River Boulevard (memorandum dated November 1, 2002) 314-331 6. Joint County/School District Fleet Management Complex and Fueling Depot Road and Bridge Division and Traffic Engineering Facilities Improvements Amendment No. 1 to Agree- ment with Proctor Construction Company Guaranteed Maximum Price and Notice to Proceed (memorandum dated January 15, 2003) 332-346 H. Utilities 1. North County Brine Line Route Survey — Request for Final Payment (memorandum dated January 6, 2003) 347-349 2. Florida Ridge Subdivision Water Service Preliminary Assessment Resolutions I and II (memorandum dated January 13, 2003) 350-379 3. West Side Subdivision Petition Water Service Preliminary Assessment Resolutions I and II (memorandum dated January 10, 2003) 380-391 I. Human .Services None 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Commissioner Kenneth R. Macht, Chairman 1. Commissioner Committee Assignments (backup provided separately) B. Commissioner Caroline D. Ginn, Vice Chairman 1. Treasure Coast Regional Planning Council's Increase/Dues (memorandum dated January 15, 2003) 392-396 Lit I La. 6 BACKUP 13. COMMISSIONERS ITEMS (cont'd.): PAGES C. Commissioner Fran B. Adams D. Commissioner Thomas S. Lowther E. Commissioner Arthur R. Neuberger F. Committee Appointments & Re -Appointments 2003 (memorandum dated January 13, 2003) 397-427 14. SPECIAL DISTRICTS/BOARDS A. Emergency Services District 1. Approval of Minutes — meeting of Dec. 17, 2002 2. Approval of FY 2002/03 EMS County Awards Grant: Purchase of Capital/Operating Equipment Utilizing Non -Matching EMS Grant Funds and Grant Resolution (memorandum dated December 26, 2002) 428-435 B. Solid Waste Disposal District None C. Environmental Control Board None 15. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meet ng 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. Indian River County WebSite: http://www.iregov.com Full agenda back-up material is available for review in the Board of County Co ission Office, Indian River County Main Library, RC Courthouse Law Library, and North County Library Meeting may be broadcast live on AT & T 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 AT & T Broadband, Channel 27 in Sebastian. 7 January 21, 2003 The Board of County Commissioners of Indian River County, Florida, m t in Regular Session at the County Commission Chambers, 1840 25r" Street, Vero Beach Florida, on Tuesday, January 21, 2003. Present were Kenneth R. Macht, Chairman; Caroline D. Ginn, Vice Chairman; Commissioners Fran B. Adams; Thomas S. Lowther; an Arthur R. Neuberger. Also present were James E. Chandler, County Administrator; Pau G. Bangel, County Attorney; and Patricia Ridgely, Deputy Clerk. 1. CALL TO ORDER The Chairman called the meeting to order at 9:00 a.m. 2. INVOCATION Pastor Michael Beaver, First Church of God, delivered the invocation. 3. PLEDGE OF ALLEGIANCE Administrator Chandler led the Pledge to the Flag. NS/DE W EN ITEMS Commissioner Lowther requested that Brian Heady be added to the PubliccDiscussion Items. (Mr. Heady's letter of January 21, 2003 had been added to the bacl up for the January 21, 2003 1 meeting file.) Chairman Macht understood that Mr. Heady would keep his remarks to one topic, confine them to 3 minutes, and added Item 9.B.2. It was announced that Items 11.A.1. and 11.G.5. had been withdrawn and there was additional backup for items 13.A. and 14.A.2. ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously made the above changes to the agenda. 5. PROCLAMATIONS AND PRESENTATIONS S.A. Proclamations Designating the Month of February 2003 as ciation N The Chairman read the proclamations into the record and presented them to Main Library Director Mary Powell and North Library Director Lynn Walsh who accepted with thanks. S.B. Presentation to the Board in Recognition o . 7 /w . /l 11 /l . , , ountv - Indian River Risk Manager Beth Jordan advised that she had accepted a clock plaque on behalf of the County from the Friends of 400 Scholarship Fund, Inc. for the County's outstanding commitment to employee safety and rehabilitation. She presented the plaque to the Chairman and it was the consensus of the Board to have Administrator Chandler place it near the entrance to the County Administration Building where the employees can see it. January 21, 2003 2 • 5. C. Proclamation Designating January 26 thru February Il, 2003 as of Caring in Indian River Co The Chairman read the proclamation into the record and presented it td Lee Moore, Co -Chair of the United Way Campaign in Indian River County for 2003. Mrs. Moore accepted it with thanks and spoke briefly about this year's campaign. 6.A. VAL -J Y7 The Chairman asked if there were any corrections or additions to the Regular Meeting of January 7, 2003. There were none. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously approved the minutes of January 7, 2003, as written and distributed. 7. CONSENT AGENDA 7.A. Approval of Warrants ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the list of warrants issued for the period January 2-9, 2003, by the Clerk as requested. January 21, 2003 3 tes of the fli 39:9 I e .n 7.B. Metropolitan Planning Organization Bicycle Advi, %'n iv.m;nno /MPf RAr) - It ,Crntt 1Vlnlan.cnn Annointed by Cii Fellsmere The Board noted the new appointment from Fellsmere. ,►'tan Fl tati The Board noted the new appointment from Sebastian. tl M 7.D. Parks and Recreation Advisory Committee - City of Sebasti Representative Julianne Barrett's Resignation and Appointment Jayne Barcztik The Board noted the resignation and new appointment from Sebastian. 7.E. Proclamation and Retirement Award - Charles A. Cramer on Retirement from Indian River County L. The Proclamation and Retirement Award were entered into the record and presented to Mr. Cramer at another time. January 21, 2003 11 ail 3 L. a _»> U Z.F. Indian River County Community Development Bl (CDBG Housing Assistance Plan (HAP) Amendment - Cc Administrative Services Contract PAPERS II Program - Enterprises, Inc. ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the proposed administrative services contract with Fred Fox Enterprises, Inc., and authorized the Chairman to execute the same; approved the proposed amendments to the CDBG Housing Assistance Plan (HAP); and authorized staff to participate in the PAPERS II program by authorizing the Chairman to sign the documents, as recommended in the memorandum. GENERAL ADMINISTRATION CONTRACT, CDBG HAP, AND COPY OF PAPERS APPLICATION/AGREEMENT, ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7. G. Florida Department of Revenue Grant - Annrnnrhati1 ding - Property Appraiser - Large Scale Statewi Development ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously appropriated the funding of the necessary funds so the Property Appraiser can January 21, 2003 5 t Is' apply for the Florida Department of Revenue Grant, as recommended in the memorandum. COPY OF GRANT APPLICATION WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 7.H. Children's Services Advisory Committee Annual Report - FY 2001-2002 ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously accepted and approved the Children's Services Advisory Committee Annual Report covering October 1, 2001 through September 30, 2002, as requested. COPY OF REPORT IS ON FILE WITH THE BACKUP IN THE OFFICE OF THE CLERK TO THE BOARD 7.I. Assignment and Extension of Laboratory/Analytical Service Contract - TestAmerica Anal Incorporated) C ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously assigned and renewed the agreement with TestAmerica Analytical Testing Corp. effective immediately and extending same through September 30, 2003; authorized staff to make payment to TestAmerica January 21, 2003 C1 Analytical Testing Corp. for laboratory services provided to date (October 1, 2002 thru January 15, 2003) under the Department of Utility Services and Solid Waste Disposal District; authorized the Purchasing Manager to renew this contract through the remaining term of the contract (September 30, 2003) subject to satisfactory performance, substantiated cost increases, vendor acceptance and the determination that renewal of this annual contract is in the best interest of the County, as recommended in the memorandum. DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 9.A.1. PUBLIC HEARING - RESOLUTION NO. 2003-004 - GHA GRAND HARBOR LTD. - AMENDMENT TO GRAND HA OR DRI DEVELOPMENT ORDER TO ADD THE "LUTHER" SIT uasi Judicial) PROOF OF PUBLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Division Director Stan Boling reviewed the memorandum using visual aids. The Chairman opened the public hearing and asked if anyone wished to e heard in this matter. There being none, he closed the public hearing. January 21, 2003 7 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously adopted Resolution No. 2003-004 amending the Development Order (D.O.) approved by the Board of County Commissioners for the Grand Harbor Development of Regional Impact (DRI). 9.A.2. PUBLIC HEARING - ST. JOHNS RIVER WATER MANAGEMENT DISTRICT DENIAL OF REQUEST FOR ABANDONMENT OF NUMEROUS' RIGHTS -OF -WAY WITHIN A PORTION OF THE FELLSMERE FARMS COMPANY SUBDIVISION (CARSON PLATT HOLDINGS) (Legislative) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Division Director Stan Boling reviewed the memorandum using visual aids displayed on the overhead projector. He advised that this application has been pending since 2001 and it was time to bring it to the Board and get a decision on it. Commissioner Adams was disappointed that St. Johns River Water Management District had not done a study to prove the homeowners would not be in peril of their land flooding. She requested a hydrological study and strongly recommended against approval at this time. Commissioner Neuberger was concerned about flooding properties in the area. Commissioner Macht viewed this as being the cart before the horse hydrological study should be done first. January 21, 2003 He thought a 8 j 'S1 Yi\ i.w £ The Chairman opened the public hearing and asked if anyone wished tb be heard in this matter. Lonnie Gore, 12050 CR 507, advised he already had problems with water flow since St. Johns took out a culvert southeast of his property. He has spent thousands of dollars trying to keep the natural flow of water off his land. He did not want to see th se rights -of - way abandoned because the sand ridge there is a lot higher and the water will have to flow west and will create a problem. Brian Heady, Vero Beach, was opposed to wholesale abandonment. Be proposed that the Board needed to look at the value of these rights -of -way now, and w at they will be worth in the future and look at a lease or other way to retain the rights. 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 Vice Chairman Ginn, the Board unanimously agreed to not abandon these rights -of -way and to judiciously guard any rights in the Carson Platt property. 9.A.3. PUBLIC HEARING - ORDINANCE NO. 2003-001 - AMENDMENT TO SECTION 901.03 DEFINITION "RECREATIONAL VEHICLE" (Legislative) PROOF OF PUBLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD January 21, 2003 9 �sP n r,l . ' .. ... ( Planning Division Director Stan Boling advised that the next three items were LDR (Land Development Regulation) amendments. He reviewed the memorandum on this amendment and recommended approval. He then responded to questions of the Commissioners regarding size measurement, differences between recreational vehicles and mobile homes, and required setbacks. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Brian Heady, Vero Beach, advised that it seemed to him that fewer laws are a better way to govern. It was determined that no one else wished to be heard and the Chairman closed the public hearing. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Adams, the Board unanimously adopted Ordinance No. 2003-001 regarding amendment of the definition of "recreational vehicle", amending land development regulations (LDRs) Chapter 901, Zoning, the definition of recreational vehicle; and providing for repeal of conflicting provisions, codification, severability and effective date. January 21, 2003 10 ft 9.A.4. PUBLIC HEARING - ORDINANCE NO. 2003-002 - L AMENDMENT TO SECTION 97114(4) TO MODIFY SCHO SETBACK ALLOWANCES (ST PETER'S MISSIONARY BAPT] CHURCH) (Legislative) PROOF OF PUBLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Division Director Stan Boling reviewed the memorandum dated January 15, 2003. The Chairman opened the public hearing and asked if anyone wished t be heard in this matter. Rev. Stanley Jefferson, St. Peter's Missionary Baptist Church, asked 4he Board to take a good look at this because some of the setbacks put the expansion of his church in a bind because two beautiful old oak trees stand in the way of their desired e) asked the Board to help them save those trees and allow a setback reduction. Peter Jones, W C G Architects & Engineers in Vero Beach, spoke on Peter's and advised that this setback will allow their new structure to be situ, site and would be in the best interest of the trees located there. He urged a amendment to allow better planning in the long term. Brian Heady, Vero Beach, asked the Board to give St. Peter's what giving them a variance. Attorney Bruce Barkett advised he appeared as a friend of Pastor Je on. He ehalf of St. on a better of this need by on who is doing a wonderful job and definitely deserves consideration. He pointed cut that the ordinance does not mandate lesser setbacks but allows them on a case -by -case' basis. Director Boling affirmed that special exceptions will come to the Board. January 21, 2003 11 I ; • I 1 It was determined that no one else wished to be heard and the Chairman closed the public hearing. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously adopted Ordinance No. 2003-002 regarding setback reductions for schools, amending land development regulations (LDRS) Chapter 971.14(4) and providing for repeal of conflicting provisions, codification, severability and effective date. 9.A.5. PUBLIC HEARING - FIRST PUBLIC HEARING - LDR AMENDMENT TO CHAPTER 911, ZONING, TO REVISE SECTION 911.10(4) AND TO CREATE NEW SECTION 971.42(5) TO ALLOW SMALL-SCALE HOME FURNISHINGS SHOWROOM USES (EXCLUDING FURNITURE AND MAJOR APPLIANCES) IN THE OCR DISTRICT (Legislative) PROOF OF PUBLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Division Director Stan Boling reviewed the memorandum and explained the requirement for two public hearings. He requested the Board give direction to staff for any changes they wish to make before the second hearing on Tuesday, February 4, 2003, at 5:01 p.m. He reviewed the purpose of OCR (Office Commercial Residential) and explained that the proposed change is restrictive to allow small scale showroom uses only by administrative permit approval. The Professional Services Advisory Committee had recommended some changes and the Planning and Zoning Commission recommended January 21, 2003 12 • Q[{ approval 6-1. Commissioner Ginn cautioned that a similar allowance by the City of Vero Beach (i.e. limited commercial on north AlA) caused the City a lot of grief because proprietors began to sell inventory and the neighbors complained. She emphasized that the people must know up front they cannot sell from that location -- that it is just a showroom, not a The Chairman opened the public hearing and asked if anyone wished this matter. Attorney Bruce Barkett, 756 Beachland Blvd, representing Mike Hyatt believed this proposed use is very low intensity. His client sells floor coy a separate warehouse, and does not sell anything out of his showroom. He bell be a lower intensity use than others already allowed in the OCR district. Mn present to answer questions and would appreciate the Board's support. es room. be heard in maintains this will Hyatt was Bill Barrett, 845 Old Dixie Highway, a neighbor, believed this use would be an asset to the neighborhood. It was determined that no one else wished to be heard and the public hearing. ON MOTION by Commissioner Neuberger, SECONDED BY Commissioner Adams, the Board unanimously moved the ordinance forward to the next public hearing on February 4, 2003, at 5:01 p.m. January 21, 2003 closed the 13 ., r., „ (CLERK'S NOTE: Chairman Macht called a brief recess at 10 a.m. The meeting was reconvened at 10:10 a.m. with all members present.) 9.B.1. PUBLIC DISCUSSION ITEM - REQUEST FROM JAMES D. ST. CLAIR TO SPEAK CONCERNING NOISE PROBLEM WITH ST. EDWARD'S SCHOOL James D. St. Clair, 2074 Ocean Ridge Circle, advised he lives right across AlA from St Edward's Upper School. He complained that the noise from their air-conditioning unit is loud and whining. The Code Enforcement Department has received many complaints from his family and the homeowners association concerning this problem for three years. St. Edward's has taken some steps to try to lessen the noise and Code Enforcement has measured the sound but the problem continues. He realized that the noise is not generated on purpose, but he asked the Board to solve this problem and have the code enforced. Community Development Director Robert Keating advised that his department has been working on this for several years. He explained the type and location of the air - conditioner and that staff had no ability to know about the noise when the permit was issued. It was not until after the certificate of occupancy was issued that the County got the complaints and staff has been monitoring the decibel readings. Many attempts have been made to try to correct the problem. A wall was built without noise consultation and did not provide much benefit. Then St. Edward's hired a noise consultant thru York. Blankets were installed which reduced the high frequency noise, but the low frequency noise was not reduced. As our noise ordinance is written, there is no violation. He thought Mr. St. Clair is recommending that the Board direct staff to try to enforce the "general" parts of our Code, January 21, 2003 14 {{SFr Lid { u i U whereas the "specific" parts are not being violated and suggested the Board hear from the County Attorney's office. Deputy County Attorney William G. Collins II explained that Code Enforcement staff find themselves dealing with a very subjective standard under the "general" provision. He then explained that to try to quantify a nuisance there are decibel le+els that are considered acceptable for residential and other types of capability standards. S aff has been unable to get readings that would violate the decibel readings when adj acent to a residential neighborhood. They are reluctant to go to prove a violation of the noise ordir subjective standards are to be applied, court between the property owners and bring forward proof that the noise is residential neighborhood. before lance. then it St. Ed' in exc( the Code Enforcement Board He thought that if there is a would be more apropos of a s. To this point, he believes th ;ss of what our Code allows Commissioner Neuberger stressed that something that goes on and objectionable and he believed the Board should tell our people to enforce the it is objectionable to a reasonable person. Commissioner Ginn also favored sending this to be enforced by staff. In response to Commissioner Adams, Director Keating explained in df decibel levels under the Code are different for day and for night, duration thresholds of the noise, and zoning districts. He stressed that the Code is not be able ance and it action in staff cannot acent to a has to be if that the f the noise, on an average decibel reading. The problem is that the decibel level is higher in certaii frequency ranges. Our decibel reader does not monitor the decibel levels of all the frequ ncy ranges. Our ordinance and equipment is geared to average decibel readings. He has money in the budget this year to purchase a more sophisticated decibel level reader and to engage a consultant to revise the noise ordinance but he has been waiting and hoping the City of Vero January 21, 2003 15 Beach would join with us. We could hire a consultant with the City, establish a similar ordinance, and, perhaps, even share equipment and get training for staff. Discussion ensued during which Commissioners made suggestions as to possible changes to our Code, what St. Edward's could do, noise problems encountered by City of Vero Beach, and for staff to get the proper equipment. Andy Williams, 2614 Cardinal Drive, chairman of the board at St. Edward's, advised that because a lawsuit has been filed he has been advised that he cannot speak in regard to this matter. ON MOTION by Commissioner Neuberger, SECONDED by Vice Chairman Ginn, the Board agreed to forward to this matter to code enforcement, move forward with changing the Code, and modernize our equipment with haste. 9.B.2. BRIAN HEADY - CONCERNS FOR POSSIBLE POLLUTION PROBLEM IN CONNECTION WITH JOINT COUNTY/SCHOOL DISTRICT FLEET MANAGEMENT COMPLEX AND FUELING DEPOT Brian Heady expressed concern about the Joint County/School District Fleet Management Complex and Fueling Depot (11.G.6. on agenda) being built on property next to the Humane Society location which was sited on property over a plume of groundwater contamination. It seemed to him that the plume could propagate outward and contaminate the surrounding area. It did not make sense to him to use taxpayer dollars for this purpose. He asked them to investigate before spending the money and re -analyze the entire joint County -School District program, including the Administration Building. January 21, 2003 16 t 1l i 'a lk p. CT! I 9.C. PUBLIC NOTICE ITEM - FEBRUARY 4, 2003 1. ANORDINANCE 1 CODIFYING AND PU 'UBLISHED ) TG SUPPLE JBLIC HE. IN OFIND. The Chairman announced the above public notice. 11.A.1. P Deferred. 11.B.1. WE CATE ( NS T .SURE ( T CIS SCHEDI UI 4NCENO.90-17, ORDINANCES COUNTY UP TO ING THE CODE) IT! ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved renewal of the Class "E" Certificate of Public Convenience and Necessity for We Care of the Treasure Coast, Inc., to be effective for a period of two (2) years from February 13, 2003, to February 13, 2005, as recommended in the memorandum. January 21, 2003 COPY OF CERTIFICATE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 17 AL VI 11.C.1. AUTHORIZATION FOR DONATION AND LOCAL SALE OF OBSOLETE VOTING MACHINES (PUNCH CARD DEVICES) ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Lowther, the Board unanimously authorized staff to advertise and offer for sale for a period of thirty (30) days from date of advertisement the individual sale of the voting devices to any one desiring to purchase such devices at a price of $10.00 each and authorized staff to provide the voting devices to any qualified governmental unit or non-profit organization as allowed pursuant to Florida laws, as recommended in the memorandum. I1.C.2. FLOOR COATING FOR JAIL SHOWERS AND KITCHEN - RUST-OLEUM EPDXY COATING - TAYLOR INDUSTRIAL COATING, INC. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously waived the standard sealed bid procedure for the application of the Rust- Oleum Epoxy Coating and accepted the lower quoted amount from Taylor Industrial Coating, Inc., in the amount of $57,238.05; approved the proposed 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 January 21, 2003 18 t'1 + 1 •,. + A C n Lit 1'I- b I ° ;. the agreement as to form and legal sufficiency, as recommended in the memorandum. Q0f/ts tf'c !' Rmr2nrce 1S No PArMenT 13c,ND y AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.G.1. APPLIE BEACH REST ['ECHNOLOG% 'ARTMENT OF AGREEMENT 98IR1 ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Adams, the Board unanimously approved Contract Amendment No. 5 to the contract with Applied Technology and Management, Inc., in the amount of $106,540, as recommended in the memorandum. (County's share of funding [25%] in the amount of $26,635 from Beach Preservation Fund. DEP share [75%] under Grant Agreement 98IR1.) Commissioner Adams suggested the Board might want a quick update on from Jonathan Gorham. 1 & 2 - MMENT is project Coastal Resources Manager Jonathan C. Gorham, Ph.D. advised that the U.S. Army Corps of Engineers permit has been received. The remaining hurdles are it( with the Department of Environmental Protection permit. The Contractor is performing required surveys. Some of the data has been given to Applied T associated there now ology and Management for review and some biological monitoring needs to be finished. Dial Cordy January 21, 2003 19 or was doing that in 64 degree water. A lot of the work is water -dependent but the County will be ready on February 5`" when the contractor says they are ready to proceed if the State moves in a timely fashion on some of the remaining notice -to -proceed items. Commissioner Macht asked that Commissioners be kept informed about that permit. Commissioner Adams credited Dr. Gorham with having done a great job. Vice Chairman Ginn advised of a recent meeting she had attended with regard to sand replacement and spoke highly of the participation of ATM. Chairman Macht understood that a sand replacement project had begun recently in Palm Beach. Michael Barnett, Applied Technology and Management in West Palm Beach, credited a number of people who have aided in expediting this program and advised that the State is presently overwhelmed. He has been imploring the State to issue the permit and notice to proceed. Bean Dredging (Bean-Stuyvesant) has commenced on the midtown Palm Beach renourishment project; ATM is not associated with that project. AMENDMENT NO. 5 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.G.2. KINGS HIGHWAY (58TH AVENUE) IMPROVEMENTS - KIMLEY-HORN, INC. - ENGINEERING SERVICES AMENDMENT NO. 17 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously approved Amendment No. 17, in the amount of $7,400, with Kimley- Horn, Inc., as recommended in the memorandum. January 21, 2003 20 AMENDMENT NO. 17 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.G.3. EAST INDIAN RIVER COI MANAGEMENT PL Y MASTER STORMWATER - CARTER ASSO( ES, INC. - PARTIAL RELEASE OF RETAINAGE FOR THE AMENDMENT T( NO.1 OINK ORDER ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously authorized the release of one-half of the retainage for the Amendment to Work Order No. 1 ($15,155.50), to Carter Associates, Inc., as recommended in the memorandum. DOCUMENT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 11.G.4. RESOLUTION NO. 2003-005 - EAST GIFFORD ST IMPROVEMENTS - FLORIDA DEPARTMENT [WATER { TRANSPO9tTATION (FDOT) JOINT PARTICIPATION AGREEMENT (JPA) ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously adopted Resolution No. 2003-005 approving a Florida Department of Transportation Joint Participation Agreement (FM#409710-1-58-01) for partial funding of a portion of the East Gifford Stormwater Improvements project. 21 iii JOINT PARTICIPATION AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD M-. 11.G.5. BRIDGE WATER INVESTMENTS, LLC - LICENSE AGREEMENT TO ERECT A FLAGPOLE ADJACENT TO MONUMENT SIGN - INDIAN RIVER BOULEVARD RIGHT-OF-WAY Withdrawn. 11.G.6. TWO PROJECTS - PROCTOR CONSTRUCTION COMPANY - AMENDMENT NO. 1 TO AGREEMENT - GUARANTEED MAXIMUM PRICE AND NOTICE TO PROCEED - 1) JOINT COUNTY/SCHOOL DISTRICT FLEET MANAGEMENT COMPLEX AND FUELING DEPOT AND 2) ROAD AND BRIDGE DIVISION AND TRAFFIC ENGINEERING FACILITIES IMPROVEMENTS MOTION WAS MADE by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, to approve staffs recommendation. Under discussion, Commissioner Neuberger understood this will be a state of the art fueling depot which will not be subject to any pollution. Vice Chairman Ginn advised there are a number of remedial effects occurring on the property that has the pollution, and the plume should be limited in its travels. Chairman Macht thought the plume has already been contained through the County's effort. He commented that this recommendation had come from COPO several years ago. At the time the proposed facility was originally going to be larger and include the Sheriffs January 21, 2003 22 Department;. the municipalities were also invited. The then -Sheriff declined, but Chairman Macht understood the current Sheriff wants to be included. He suggested the County might want to consult him. Public Works Director James Davis advised that Lt. Kenny Hamilton with the Sheriffs Department has been involved in the project. The Sheriff- s Departure is vehicles will be included in the fueling depot service. The Sheriffs Department has been heavily involved in the team effort to design this project. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. (The Board unanimously approved the Part 2 Agreement with Proctor Construction Company for Site 1 and Site 2 and authorized Proctor Construction to proceed with both projects. The $727,613.26 shortfall will be funded from Local Option Sales Tax Contingency [$300,000] and Secondary Road Trust Fund [$427,613.26] since the Road and Bridge Division and Traffic Engineering Divisions are Transportation Funds. The $3,290,000 from 1 -cent local option sales tax is already budgeted. [Alternative 1]) Vice Chairman Ginn noted the paging system was eliminated, and Dir ctor Davis explained that originally a very sophisticated system had been designed. In o der to trim down the cost on the project it was decided that having a speaker out in the bay krea will be satisfactory. AMENDMENT NO. 1. ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD January 21, 2003 23 11.11.1. NORTH COUNTY BRINE LINE ROUTE SURVEY - MASTELLER, MOLER & REED, INC. - INVOICE/REQUEST FOR FINAL PAYMENT ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved final payment in the total amount of $1,925.00 to Masteller, Moler, and Reed, Inc., as recommended in the memorandum. COPY OF SIGNED INVOICE WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 11.H.2. RESOLUTION NOS. 2003-006/007 - FLORIDA RIDGE SUBDIVISION WATER SERVICE - PRELIMINARY ASSESSMENT RESOLUTIONS I AND II (PROJECT NO. UCP-2164) AND DISCUSSION ON WATER SERVICE FOR OTHER SUBDIVISIONS MOTION WAS MADE by Commissioner Lowther, SECONDED by Vice Chairman Ginn, to approve staff s recommendation. Under discussion, Vice Chairman Ginn referred to page 361 of the backup (prioritized areas for County utilities). She expressed concern because homes in Orchid Island and Orchid Isle Estates (Priority #9) have artesian wells and septic tanks and are so close to the Indian River Lagoon yet low on the priority list. Assessment Projects Manager James D. Chastain advised of his meetings with the owners of both developments. Property owners objected to the cost; some wanted the County to pay a larger share of the cost because of the County's ownership of the January 21, 2003 24 Environmental Learning Center property. He understood that wells in Orchid Island and Orchid Isle Estates are very costly and produce sub -standard water. Also, they have no fire protection. He believes they will agree to County water sometime, but permits are still being issued for individual water and septic systems. The Environmental Health', Department prefers they would agree to County water but is not pressing them. Discussion ensued. Mr. Chastain mentioned other areas that do not have County utilities The Board could instruct staff to do a proposed assessment for Orchid Island and Orch and bring it to the agenda. Vice Chairman Ginn thought the Board ought to do something befi Isle Estates there is a problem in the Indian River Lagoon. Commissioner Adams commented that everyone wants the water and sewer, but they do not want to pay the cost for them. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. (Adopted Resolution No. 2003-006, providing for water main expansion to Florida Ridge Subdivision, located west of Dixie Highway and north of 25t" Street in southeast Indian River County, Florida; providing the total estimated cost, method ofpayment of assessments, number of annual installments, and description of the area to be served.) ON MOTION by Commissioner Lowther, SECONDED BY Vice Chairman Ginn, the Board unanimously adopted Resolution No. 2003-007, setting a time and place at which the January 21, 2003 25 J .r owners of properties, located in Florida Ridge Subdivision, located west of Dixie Highway and north of 25t" Street in southeast Indian River County, Florida, and other interested persons, may appear before the Board of County Commissioners of Indian River County 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 benefitted thereby. (County Commission Chambers in the County Administration Building at 9:05 a.m. on Tuesday, February 11, 2003) MOTION WAS MADE by Commissioner Lowther, SECONDED by Vice Chairman Ginn, for staff to look into the priorities listed in Health Department memo dated November 19, 2001 and come back with some tentative figures. Under discussion, it was established that the first priorities would be areas that impact the Lagoon. Because of the poor well water, Commissioner Neuberger suggested looking also at Lakewood Terrace (listed as Priority #2 in the memorandum), which is next to Lakewood Park in St. Lucie County. Commissioner Lowther and others agreed that Lakewood Terrace should be included. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. January 21, 2003 26 I r %F i1.a 1 C. 1 4 +. 11.11.3. RE S. 2003-00 R SERVICE PRE RESOLUTIONS I AND II (PROJECT N ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously adopted Resolution No. 2003-008 providing for water main expansion to West Side Subdivision, located on the southeast corner of Fifth Street SW and 43`d Avenue, in Indian River County, Florida; 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 Adams, SECONDED BY Commissioner Neuberger, the Board unanimously adopted Resolution No. 2003-009 setting a time and place at which the owners ofproperties, located in West Side Subdivision, located on the southeast corner of Fifth Street SW, and 43rd Avenue, in Indian River County, Florida, and other interested persons may appear before the Board of County Commissioners of Indian River County 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 benefitted January 21, 2003 27 IDE -217 i1 I w U _, ;. 4 .. t thereby. (County Commission Chambers in the County Administration Building at the hour of 9:05 a.m. on Tuesday, February 11, 2003.) 13.A. CHAIRMAN MACHT - COMMISSION COMMITTEE ASSIGNMENTS Chairman Macht understood that the assignments he had made for the Commissioners were accepted. (Clerk's Note: Use "revision" copy in the backup.) 13.B. VICE CHAIRMAN GINN - TREASURE COAST REGIONAL PLANNING COUNCIL'S INCREASE/DUES Commissioner Ginn recommended approval of the increase in dues. There has been no increase in assessments of member governments since 1987 and since Mike Busha took over as Director there has been a decrease in staff from 15 to 11. They have been making up the shortfall by doing Charettes and other outside work. They now want to bring up their financing in order to make up the deficit so they no longer have to do outside work. She specified that the TCRPC was invaluable to the Space Needs Committee and the County was not charged for their assistance. MOTION WAS MADE by Vice Chairman Ginn, SECONDED BY Commissioner Adams for discussion, to approve payment of the dues increase as set out in TCRPC memorandum of December 20, 2002, but not to include an automatic COLA (cost of living adjustment) increase. (Presently $38,186; with 10% increase $49,758 - for next fiscal year.) January 21, 2003 28 a z: N Under discussion, Commissioner Adams was not specifically opposed to the increase but wanted to see it used to program service -related things, not to add a position for an individual to oversee roads. Mike Busha advised that they intend to catch up first and will not The hiring or increasing any salaries. The second phase is to find some additional, but not 1 cal, revenue to put two people on board: a transportation planner and an urban designer. Both would be hired to help communities. He explained that each year they have had a d�ficit budget of $150,000 which they have had to make up through outside the region Commissioner Macht suggested it might be a good idea for the meet with the County's staff to understand their needs, and Administra understood correctly that this increase would be for next fiscal year. Commissioner Neuberger explained why he is opposed to the wh though it is mandated by the State. Busha. Vice Chairman Ginn extolled the work of the TCRPC under the 1 Commissioner Adams advised she would support the motion but will things and Mr. Busha need never doubt where she stands. THE CHAIRMAN CALLED THE QUESTION and the motion carried 3-2 (Commissioner Neuberger and Chairman Macht were opposed.) 13.F. COUNCILS FOR 2003 January 21, 2003 29 ities. ssioners to Chandler thing even ip of Mr. an eye on J 1t Chairman Macht noted the backup for this item was on pages 397 through 427 and asked if there were any questions Vice Chairman Ginn thought that MANWAC (Marine Advisory Narrows Watershed Action Committee) should meet "as needed" not every other month. Commissioner Adams thought a lot of them should meet "as needed". ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the existing re -appointments and urged Commissioners to fill the vacancies as quickly as possible. There was a brief exchange of ideas about the Commission's advisory boards. Some Commissioners asserted they should share their recommendations with Administrator Chandler as to which committee(s) might be able or need to sunset, how frequent a committee needed to meet, whether or not a Commissioner needed to serve on a particular committee, and any other suggestions prior to March 11, 2003 when it is to come back to the Board. 14.A. EMERGENCY SERVICES DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene as the Board of Commissioners of the Emergency Services District Minutes are being prepared separately. January 21, 2003 30 Those L1 `,e rt 14.B. 14.C. None. None. SOLID WASTE DISPOSAL DISTRICT ENVIRONMENTAL CONTROL BOARD ALL BACKUP DOCUMENTATION, RESOLUTIONS, ORDINANCES, AND CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES There being no further business, upon motion duly made and seconded, adjourned the meeting at 11:23 a.m. ATTEST: Jeffrey K. Barton, Clerk Minutes approved January 21, 2003 FEB 1 8 2003 31 e Chairman