HomeMy WebLinkAbout01/21/2003 MINUTES ATTACHED j
BOARD OF COUNTY COMMISSIONERS
INDIAN RIMER COUNTY, FLORIDA
AGENDA
TUESDAY, JANUARY 21 , 2003 - 9 : 00 A. M.
County Commission Chamber
County Administration Building
1840 25 " Street , Vero Beach, Florida 32960
COUNTY COMMISSIONERS
Kenneth R . Macht, Chairman District 3
Caroline D . Ginn, Vice Chairman District 5 James E . Chandler, CouIty Administrator
Fran B . Adams District 1 Paul G . Banger 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 Pastor Michael Beaver
First Church of God
3 . PLEDGE OF ALLEGIANCE James E . Chandler
4 . ADDITIONS/DELETIONS TO THE AGENDA /
EMERGENCY ITEMS
ADDITION : 9 . 13 . 2 . Brian Heady to Speak on One Subject for Three Minutes
DELETIONS : I I . A . Proposed Revisions to the Land Acquisition Guide
1 I . 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 1
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
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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 13 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
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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 . AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, REGARDING AMENDMENT OF THE
DEFINITION OF "RECREATIONAL VEHICLES%
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 ) 115 - 137
4 . 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 ) 138 - 169
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9 . PUBLIC ITEMS (mmm�mmcont ' 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
1 . Scheduled for Public Hearing February 4 , 2003 :
AN ORDNANCE OF INDIAN RIVER COUNTY,
FLORIDA , AMENDING ORDINANCE NO . 90- 17 ,
CODIFYING AND PUBLISHNG THE ORDINANCES
PUBLISHED N 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 NDIAN
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. Communitv Development
1 . Board Consideration of Proposed Revisions to
the Land Acquisition Guide
(memorandum dated January 15 , 2003 ) 211 -219
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INDEX TO MINUTES
BOARD OF COUNTY COMMISSIONERS
MEETING OF JANUARY 21 , 2003
1 . CALL TO ORDER . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 1
2 . INVOCATION . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .i . . . . . . . . 1
3 . PLEDGE OF ALLEGIANCE . . . . . . . . . . . . . . I . . . . . . . .
. . I . . . . . . . . . . . . . . 1
4 . ADDITIONS /DELETIONS TO THE AGENDA/EMERGENCY ITEMS . . . . . 1
5 . PROCLAMATIONS AND PRESENTATIONS . . . . . . . . . . . . . . . . . . II' . .
. . . . . . 2
5 . A . Proclamations Designating the Month of February 2003 as Library
Appreciation Month . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 2
5 . 13 . Presentation to the Board in Recognition of Indian River Coun - Friends
of 400 Scholarship Fund Inc . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . 2
5 . C . Proclamation Designating January 26 thru February 1 2003 as eek of
Caring in Indian River County . . . . . . . . . . . . . . I . . . .
. . . . . . . . . . . . 3
6 , APPROVAL OF MINUTES - JANUARY 7 , 2003 3
7 . CONSENT AGENDA . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . 3
7 . A . Approval of Warrants 11 . 1 . . . . . . . . . 3
7 . B . Metropolitan Planning Organization Bicycle Advisory Committee (MPO
BAC ) - Lt . Scott Melanson Appointed by City of Fellsmere . . . . . . . . . . . 4
7 . C . Metropolitan Planning Organization Citizens Advisory Committee (MPO
CAC ) - Deryl Seemayer Appointed as Second Representative bCity of
Sebastian . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 4
7 . D . Parks and Recreation Advisory Committee - City of Sebastian
Representative Julianne Barrett ' s Resignation and Appointment of Jayne
Barczyk . . . . . . . . . . . . . . . . . . . . . . . . . .
1 . . . . . . . . 1 . . . . . . . . . . . . 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
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5 ;
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) . I . . . . . . . . . . . . . . . .
. . . . . . 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)
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . I . . . I . . . . . . . . . .
I . . . . . 8
9 . A . 3 , PUBLIC HEARING - ORDINANCE NO . 2003 - 001 - LDR AMENDMENT TO
SECTION 901 . 03 DEFINITION OF "RECREATIONAL VEHICLE "
(Legislative) . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . I . . . . . . . . 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 ) . . . . . . . I . . . . 1 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 . 13 . 1 . PUBLIC DISCUSSION ITEM - REQUEST FROM JAMES D . ST . CLAIR TO
SPEAK CONCERNING NOISE PROBLEM WITH ST . EDWARD ' S SCHOOL
. . . . . . . . . 14
9 . 13 . 2 . BRIAN HEADY - CONCERNS FOR POSSIBLE POLLUTION PROBLEM IN
CONNECTION WITH JOINT COUNTY/ SCHOOL DISTRICT FLEET
MANAGEMENT COMPLEX AND FUELING DEPOT . . . . . . . . . . . . . . . . . . 16
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9 . C . PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED FOR
FEBRUARY 4 , 2003 . . . . . . . I . . . . . . . . . . . . . 0 0 1
1 1 . 1 . . . . I . . . . . . . . . . . . . 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
I LA , 1 . PROPOSED REVISIONS TO LAND ACQUISITION GUIDE . . . . . . . 17
11 . 13 . 1 . WE CARE OF THE TREASURE COAST - RENEWAL OFC ASS "E "
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO
PROVIDE WHEELCHAIR/ STRETCHER SERVICES . . . . . . . . . . . . . 17
11 . C . 1 . AUTHORIZATION FOR DONATION AND LOCAL SALE OF
OBSOLETE VOTING MACHINES (PUNCH CARD DEVICEIS ) 18
I LC . 2 . FLOOR COATING FOR JAIL SHOWERS AND KITCHEN - UST-
OLEUM EPDXY COATING - TAYLOR INDUSTRIAL COATING ,
INC . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . 1 18
11 . G . 1 . BEACH RESTORATION PROJECT ( SECTORS 1 & 2 ) - APPLIED
TECHNOLOGY AND MANAGEMENT , INC . - AMENDMENT NO . 5 -
DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT
AGREEMENT 98IR1 . 0 . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . 19
11 . G . 2 . KINGS HIGHWAY ( 58TH AVENUE) IMPROVEMENTS - K MLEY-
HORN , INC . - ENGINEERING SERVICES AMENDMENT N . 17 . . 20
I I . G . 3 . EAST INDIAN RIVER COUNTY MASTER STORMWATER
MANAGEMENT PLAN - CARTER ASSOCIATES , INC . - P RTIAL
RELEASE OF RETAINAGE FOR THE AMENDMENT TO ORK
ORDER NO . 1 . . . . . . . . . . . . . . . . . . . . . . . 0 .
. . . . . . . . . . . . . . . . . . 21
1 LG . 4 . RESOLUTION N0 . 2003 - 005 - EAST GIFFORD STORMWA ER
IMPROVEMENTS - FLORIDA DEPARTMENT OF TRANSPOR-
TATION (FDOT) JOINT PARTICIPATION AGREEMENT (JPA) . . . 21
3
I I . G . 5 . BRIDGEWATER INVESTMENTS , LLC - LICENSE AGREEMENT TO
ERECT A FLAGPOLE ADJACENT TO MONUMENT SIGN - INDIAN
RIVER BOULEVARD RIGHT-OF -WAY . . . . . 1111 . . . . . . . . . . . . . . 22
I I . 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 . . . 22
1 I . 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 . . . . . . . . . . . . . . . . . . . .
. . . 24
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 . 13 . VICE CHAIRMAN GINN - TREASURE COAST REGIONAL PLANNING
COUNCIL ' S INCREASE/DUES . . . . . . . 1 1 . 1 1 11 . . . . . . . . .
11 . . . . . . . . . . . 28
13 . F . COMMITTEE APPOINTMENTS & RE -APPOINTMENTS TO COUNTY
COMMITTEES , ADVISORY COMMITTEES , BOARDS AND COUNCILS
FOR2003 . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
14 . A . EMERGENCY SERVICES DISTRICT . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 30
14 . 13 . SOLID WASTE DISPOSAL DISTRICT . . . . . . . . . . . . . . . . . I .
, . . . . . . . . . . 31
14 . C . ENVIRONMENTAL CONTROL BOARD . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 31
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BACKUP
11 . DEPARTMENTAL MATTERS (cont ' d . ) : PAGES
Be Emergencv Services
1 . Approval of Renewal for a Class ` B " Certificate
of Public Convenience and Necessity for We
Care of the Treasure Coast, Inc . to Provide
Wheelchair/Stretcher Services
(memorandum dated January 7 , 2003 ) I 220 -241
co 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 ) 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
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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 . I 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)
Be Commissioner Caroline D . Ginn , Vice Chairman
1 . Treasure Coast Regional Planning Council ' s
Increase/Dues
(memorandum dated January 15 , 2003 ) 392 - 396
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BACKUP
13 . COMMISSIONERS ITEMS (cont ' d . ) : PAGES
Co Commissioner Fran Be 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. Ernmencv Services District
1 . Approval of Minutes — meeting of Dec . 17, 2002 11
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
Be Solid Waste Disposal District
None
Co 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 hou s 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 Com mission Office,
Indian River County Main Library, IRC 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 .
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AVOW
January 21 , 2003
The Board of County Commissioners of Indian River County , Florida, m t in Regular
Session at the County Commission Chambers , 1840 25 " Street, Vero Beach Florida, on
Tuesday, January 21 , 2003 . Present were Kenneth R . Macht, Chairman ; Carol ne D . Ginn ,
Vice Chairman ; Commissioners Fran B . Adams ; Thomas S . Lowther ; and Arthur R .
Neuberger . Also present were James E . Chandler , County Administrator ; Pau I 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 .
4 . ADDITIONSIDELETIONS TO THE
AGENDA/EMERGENCY
ITEMS
Commissioner Lowther requested that Brian Heady be added to the Public Discussion
Items . (Mr . Heady ' s letter of January 21 , 2003 had been added to the bac up for the
January 21 , 2003
1
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meeting file . ) Chairman Macht understood that Mr . Heady would keep his remarks to one
topic , confine them to 3 minutes , and added Item 9 . 13 . 2 .
It was announced that Items I I . 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 ConunissionerAdams , SECONDED BY Vice
Chairman Ginn , the Board unanimously made the above
changes to the agenda .
5 . PROCLAMATIONS AND PRESENTATIONS
5. A . Proclamations Designating the Month of February 2003 as
Library Appreciation Month
The Chainnan 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 .
5. B. Presentation to the Board in Recognition of Indian River
County - Friends of 400 Scholarship Fund, Inc.
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
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5. C. Proclamation Designating January 26 thru February 1 , 2003 as
Week of Caring in Indian River County
The Chairman read the proclamation into the record and presented it tc� 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 . APPROVAL OF MINUTES - JANUARY 7 2003
The Chairman asked if there were any corrections or additions to the Minutes of 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 .
I 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
Z. B. Metropolitan Planning Organization Bicycle Advisory
Committee (MPO BAC) - Lt. Scott Melanson Appointed by Cit-of
Fellsmere
The Board noted the new appointment from Fellsmere .
7. C. Metropolitan Planning Organization Citizens Advisory
Committee (MPO CAC) - Deryl Seemayer Appointed as Second
Representative by City of Sebastian
The Board noted the new appointment from Sebastian .
7. D. Parks and Recreation Advisory Committee - City of Sebastian
Representative Julianne Barrett 's Resignation and Appointment of
Jayne BarcZy
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
The Proclamation and Retirement Award were entered into the record and presented
to Mr . Cramer at another time .
January 21 , 2003
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Z. F. Indian River County Community Development Block Grant
(( DBG) Housing Assistance Plan (HAP) Amendment - Consultants '
Administrative Services Contract PAPERS II Program - Fred Fox
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 - Appropriation o
Funding - ProperAppraiser - Larvre Scale Statewide Basemap
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
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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 Analytical Testing Corp. 6Ck/a TestAmerica
Incorporated)
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
6
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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 ( Quasi
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
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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 HOLDINGSL(Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING
IS ON FILE 1N 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 . He thought a
hydrological study should be done first .
January 21 , 2003
8 , r
t e '
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 these 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 . e 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 Chairm n 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 . 2003A01 - LDR
AMENDMENT TO SECTION 901 . 03 DEFINITION OF
" RECREATIONAL VEHICLE " (Legislative)
PROOF OF PUBLICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
January 21 , 2003
9
U 4 :
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 hien 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
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9 . A . 4 . PUBLIC HEARING - ORDINANCE NO . 2003 - 002 - LDR
AMENDMENT TO SECTION 97114 (4 ) TO MODIFY SCHOOL
SETBACK ALLOWANCES ( ST PETER ' S MISSIONARY BAPTIST
CHURCH) (Legislative)
PROOF OF PUBLICATION IS ON FILE
IN THE OFFICE OF THE CLERIC 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 to be heard in
this matter .
Rev . Stanley Jefferson , St . Peters Missionary Baptist Church , asked the 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 ex1lansion . He
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 behalf of St .
Peter ' s and advised that this setback will allow their new structure to be situate on a better
site and would be in the best interest of the trees located there . He urged app oval of this
amendment to allow better planning in the long term .
Brian Heady , Vero Beach, asked the Board to give St . Peter ' s what tf ey need by
giving them a variance .
Attorney Bruce Barkett advised he appeared as a friend of Pastor Jefferson who is
doing a wonderful job and definitely deserves consideration . He pointed out 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
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
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approval 6 - 1 .
Commissioner Ginn cautioned that a similar allowance by the City of Vero Beach (i . e .
limited commercial on north AIA ) 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 ales room .
The Chairman opened the public hearing and asked if anyone wished to be heard in
this matter .
Attorney Bruce Barkett , 756 Beachland Blvd, representing Mike Hyatt Contractors ,
believed this proposed use is very low intensity . His client sells floor coverings , maintains
a separate warehouse , and does not sell anything out of his showroom . He belie es this will
be a lower intensity use than others already allowed in the OCR district . Mrs . Hyatt was
present to answer questions and would appreciate the Board ' s support .
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 Chairman closed 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
13
( 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 AIA
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
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whereas the " specific " parts are not being violated and suggested the Board bear from the
County Attorney ' s office .
Deputy County Attorney William G . Collins II explained that Code Enforcement
staff find themselves dealing with a very subj ective standard under the "gener ' 1 " 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 before the Code Enforcement Board and not be able
to prove a violation of the noise ordinance . He thought that if there is a nuisance and
subjective standards are to be applied , then it would be more apropos of a civil action in
court between the property owners and St. Ed ' s . To this point, he believes that staff cannot
bring forward proof that the noise is in excess of what our Code allows adjacent to a
residential neighborhood .
Commissioner Neuberger stressed that something that goes on and on has to be
objectionable and he believed the Board should tell our people to enforce the rdinance if
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 detail that the
decibel levels under the Code are different for day and for night, duration of the noise ,
thresholds of the noise , and zoning districts . He stressed that the Code is based on an
average decibel reading . The problem is that the decibel level is higher in certai i frequency
ranges . Our decibel reader does not monitor the decibel levels of all the frequency 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 ( I I . 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 hien 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
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9 . C . PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED FOR
FEBRUARY 4 , 2003
1 . AN ORDINANCE AMENDING ORDINANCE NO. 90-17
CODIFYING AND PUBLISHING THE ORDINANCES
PUBLISHED IN THE CODE OFINDIANRIVER COUN77Y UP TO
AND INCLUDING SUPPLEMENT 44 MADOPTING TH CODE
The Chairman announced the above public notice .
11 . A . 1 . PROPOSED REVISIONS TO LAND AC UISITIO GUIDE
Deferred .
11 . B . 1 . WE CARE OF THE TREASURE COAST - RENEWAL OF
CLASS " E " CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY TO PROVIDE WHEELCHAIR/STRETCHER SERVICES
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 .
COPY OF CERTIFICATE IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
January 21 , 2003
17
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119ce l e 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 .
MCI 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
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the agreement as to form and legal sufficiency, as recommended
in the memorandum .
CvPlcs cf /IC !' _ R /?70nrce 13 � No P /9,y n 13C, N0
y AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
UeGele BEACH RESTORATION PROJECT SECTORS 1 & 2 —
APPLIED TECHNOLOGY AND MANAGEMENT INC . — AMENDMENT
NOe 5 — DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT
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 this project
from Jonathan Gorham ,
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 items associated
with the Department of Environmental Protection permit . The Contractor is ou there now
performing required surveys . Some of the data has been given to Applied Technology and
Management for review and some biological monitoring needs to be finished . Dial Cordy
January 21 , 2003
19
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
1N THE OFFICE OF THE CLERK TO THE BOARD
11 . G . 3 . EAST INDIAN RIVER COUNTY MASTER STORMWATER
MANAGEMENT PLAN - CARTER ASSOCIATES INC . - 1 ARTIAL
RELEASE OF RETAINAGE FOR THE AMENDMENT TO WORK ORDER
NO . 1
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
I LGA RESOLUTION NO . 2003 -005 - EAST GIFFORD STO WATER
IMPROVEMENTS - FLORIDA DEPARTMENT OF TRANSPORTATION
(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
JOINT PARTICIPATION AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11 . G . 5 . B_RIDGEWATER 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 . I TO AGREEMENT - GUARANTEED MAXIMUM
PRICE AND NOTICE TO PROCEED - 11) 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
.xflllliw
Departments . the municipalities were also invited . The then - Sheriff declined, brut 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
Sheriff s Department has been involved in the project . The Sheriff' s Departme 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 rea will be
satisfactory .
AMENDMENT NO . 1 . ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
January 21 , 2003 i
23
� �1 1 wp .. . V ✓� � J
11 . H . 1 . NORTH COUNTY BRINE LINE ROUTE SURVEY —
MASTELLER, MOLER & REED , INC . — INVOICE/REOUEST 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
111Mel 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
wn.
torr vow
Environmentalff
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 Orchid Isle Estates
and bring it to the agenda .
Vice Chairman Ginn thought the Board ought to do something befo e 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 C
HAIRMAN 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 25th
Street in southeast 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 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
i t r
owners of properties , located in Florida Ridge Subdivision ,
located west of Dixie Highway and north of 25 " 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 42 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
OW
11 . 11 . 3 . RESOLUTION NOS . 2003 - 008 /009 - WEST SIDE
SUBDIVISION PETITION WATER SERVICE PRELIMINARY
ASSESSMENT RESOLUTIONS I AND II (PROJECT NO UCP 2177)
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 of properties , located in West Side Subdivision , located
on the southeast corner of Fifth Street SW , and 43 " 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
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
Lit
jig
NOW
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 Abe hiring or
increasing any salaries . The second phase is to find some additional , but not local , 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 acti ities .
Commissioner Macht suggested it might be a good idea for the Commissioners to
meet with the County ' s staff to understand their needs , and Administrator Chandler
understood correctly that this increase would be for next fiscal year .
Commissioner Neuberger explained why he is opposed to the whop thing even
though it is mandated by the State .
Vice Chairman Ginn extolled the work of the TCRPC under the leadership of Mr .
Busha .
Commissioner Adams advised she would support the motion but will ke a.p an eye on
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 . COMMITTEE APPOINTMENTS & RE4PPOINTME IS TO
COUNTY COMMITTEES , ADVISORY COMMITTEES , BOARDS AND
COUNCILS FOR 2003
January 21 , 2003 j
29
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 . Those
Minutes are being prepared separately .
January 21 , 2003
30
14 . 13 . SOLID WASTE DISPOSAL DISTRICT
None .
14 . C . ENVIRONMENTAL CONTROL BOARD
None .
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 , t e Chairman
adjourned the meeting at 11 : 23 a . m .
ATTEST :
III
Zl �
Jeffrey K . Barton , Clerk enneth R . Macht, Chz irman
Minutes approved FEB 18 2003
January 21 , 2003
31
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