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Home My WebLink About01/7/2003AGENDA TUESDAY, JANUARY 7, 2003 - 9:00 A.M. County Commission Chamber County Administration Building 184025 1h Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS Kenneth R. Macht, Acting Chairman District 3 Caroline D. Ginn, Acting Vice Chairman District 5 Fran B. Adams District 1 Thomas S. Lowther District 4 Arthur R. Neuberger District 2 9:00 a.m. 1 2 3 CALL TO ORDER A. Be A. Be INVOCATION PLEDGE OF ALLEGIANCE James E. Chandler, County Administrator Paul G. Bangel, County Attorney Kimberly Massung, Executive Aide to BCC Jeffrey K. Barton, Clerk to the Board ELECTION OF CHAIRMAN BACKUP PAGES Comm. Arthur R. Neuberger ELECTION OF VICE CHAIRMAN 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS ADDITIONS: Item 7.N. - additional backup and replacement pages 5. PROCLAMATION and PRESENTATIONS None 6. APPROVAL OF MINUTES A. Regular meeting of December 3, 2002 B. Regular meeting of December 10, 2002 1 I 113 BACKUP 7. CONSENT AGENDA PAGES A. Approval of Warrants (memorandum dated December 12, 2002) 1-9 B. Approval of Warrants (memorandum dated December 19, 2002) 10-18 C. Board consideration to accept donation of 15.9 acre Falcon Trace Development Off -Site Wetland Mitigation property adjacent to the Wabasso Scrub Conservation area (memorandum dated December 30, 2002) 19-28 D. Approval of Florida Communities Trust (FCT) Grant Contract and Confidentiality Agreement for Cost -Share Acquisition of the "Indian River Farms Coastal Preserve" (a.k.a., Canty Property) Environmental Lands Project (memorandum dated December 18, 2002) 29-54 E. Authorization for Enforcement of Trespass at Courthouse Parking Garage (memorandum dated December 30, 2002) 55-58 F. Authorization for Declaration of Surplus and Authorization for Disposal by Legal Means of Obsolete Voting Machines (memorandum dated December 30, 2002) 59-68 G. Interest Rate Change on all County Financing (Petition Paving, Utility Assessment Projects, Utility Impact Fee, etc.) (memorandum dated December 18, 2002) 69 H. Ambersand Beach Erosion Control Line Final Execution (memorandum dated December 9, 2002) 70-75 I. Temporary Water Service Agreement between Indian River County and Warren B. Whiddon and Paula B. Whiddon (memorandum dated December 13, 2002) 76-82 J. MPO TAC Appointments (memorandum dated December 30, 2002) 83-84 K. Payments to Vendors of Court Related Costs (memorandum dated December 13, 2002) 85-86 rat r; � —, �•� ,-� 2 7. CONSENT AGENDA (cont'd.): BACKUP L. Signatories; County Funds PAGES (memorandum dated December 23, 2002) 87.91 M. Annual County Tax Deed Applications (memorandum dated December 19, 2002) 92-99 N. Interlocal Agreement; City of Sebastian; Addenda to Interlocal Agreements with the Cities of Fellsmere and Sebastian; Forbearance of Traffic Impact Fees (memorandum dated December 23, 2002) 100-114 O. Request for Public Hearing — Readoption of Indian River County Code (memorandum dated December 31, 2002) 115-117 P. Request for Floodplain Cut and Fill Balance Waiver for Lot 12, Block 23, Vero Lake Estates, Unit 5A (memorandum dated December 30, 2002) 118-121 Q. Authorization to Hire Outside Counsel re: Wm. & Carol Jordan, Vince Trionfo, Auto Repair & U -Haul v. Code Enforcement Board of Indian River County (memorandum dated December 31, 2002) 122 8, CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9. PUBLIC ITEMS A. PUBLIC HEARINGS None Be PUBLIC DISCUSSION ITEMS 1. Request by Henry A. Fischer to speak on the subject of bidding beach sand (letter dated December 19, 2002) 123 3 9. PUBLIC ITEMS (cont'd.): C. PUBLIC NOTICE ITEMS 1. Scheduled for Public Hearing on January 14, 2003: a. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF INDIAN RIVER COUNTY; DELETING A PROVISION THAT A COUNTY COMMISSIONER WHO SERVES AS A MEMBER OF A COMMISSION OR BOARD CHAIRS SUCH COMMISSION OR BOARD; PROVIDING THAT EACH COMMISSION AND BOARD SHALL ELECT FROM AMONG ITS VOTING MEMBERS A CHAIRMAN AND A VICE- CHAIRMAN; PROVIDING THAT, EXCEPT AS OTHERWISE PROVIDED BY STATE OR FEDERAL LAW, A COUNTY COMMISSIONER APPOINTED AS A REPRESENTATIVE OF THE BOARD OF COUNTY COMMISSIONERS TO A COMMISSION OR BOARD SHALL BE THE BOARD'S NON-VOTING LIAISON TO SUCH COMMISSION OR BOARD; AND PRO- VIDING FOR TREATMENT OF CONFLICTING PRO- VISIONS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE (memorandum dated December 23, 2002) 2. Scheduled for Public Hearing on January 14, 2003: a. Island Club Lot 3 Planned Development Setback Modification (Legislative) b. LDR Amendment for "Retreats and Camps" (Legislative) 3. Scheduled for Public Hearing on January 21, 2003 a. St. John's River Water Management District request to abandon certain rights-of-way k, within the Fellsmere Farms Company's subdivision lying north of the Town of Fellsmere and east of Babcock (507) (Legislative) 7. b. LDR Amendment for definition of "Recrea- tional Vehicle" (Legislative) C. LDR Amendment on special school setbacks (Legislative) BACKUP PAGES 124-127 d. Notice of proposed change to add "Luther" site to Grand Harbor (Quasi -Judicial) (memorandum dated December 18, 2002) 12S-129 4 10. COUNTY ADMINISTRATOR'S MATTERS BACKUP None PAGES 11. DEPARTMENTAL MATTERS A. Community Development 1. Approval of dates for two Board hearings to consider an LDR amendment to create a new commercial use category (memorandum dated December 17, 2002) 130-131 Be Emergencv Services None C. General Services None D. Leisure Services None E. Office of Management and Budget None F. Human Resources None G. Public Works 1. Exhibit Pavilion at Fairgrounds/Hobart Park Amendment No. 3 to Design/Build Professional Services Contract for additional Scope Items (memorandum dated December 20, 2002) 132-138 2, North County Regional Park, Phase IA — Change Order No. 2, Final Pay Request and Release of Retainage for Proctor Construction Company and Change Order No. 4, Final Pay Request and Release of Retainage for Weller Pool Constructors, Inc. (memorandum dated December 30, 2002) 139-147 H. Utilities 1. Hold Harmless Agreement for Bed Bath and Beyond Water Main Relocation (memorandum dated December 16, 2002) 148-159 I. Human Services None 5 I 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Commissioner Kenneth R. Macht, Acting Chairman 1. Comments on Lost Tree Island (no backup) 2. Office Space in the County Administration Building for Representative Ralph Poppell (no backup) Be Commissioner Caroline D. Ginn, Acting Vice Chairman C. Commissioner Fran Be Adams D. Commissioner Thomas S. Lowther E. Commissioner Arthur R. Neuberger 1. Request for an update on the meeting schedule for the Emergency Services District Advisory Committee (ESDAC) (no backup) 14. SPECIAL DISTRICTS/BOARDS A. Emergency Services District None Be Solid Waste Disposal District None Co Environmental r Board Note M BACKUP PAGES 15. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at 567-8000 x1223 at least 48 hours in advance of meeting. Indian River County WebSite: http://Nvww.iregov.com Full agenda back-up material is available for review in the Board of County Commission Office, Indian River County Main Library, IRC Courthouse Law Library, and North County Library 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 INDEX TO MINUTES BOARD OF COUNTY COMMISSIONERS MEETING OF JANUARY 7, 2003 1. CALL TO ORDER .......................... I ...................... 1 2.A. INVOCATION.................................................... 1 2.13. PLEDGE OF ALLEGIANCE .11.11... 1.. 1 ........ 1 1 ................. 1 3.A. ELECTION OF CHAIRMAN ................ 1. 1.. 1 .................. 1 3.13. ELECTION OF VICE CHAIRMAN ........... I .... I .......... I ....... 2 4, ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2 5. PROCLAMATIONS AND PRESENTATIONS .......................... 3 6.A. APPROVAL OF MINUTES - DECEMBER 3, 2002 1. 1 11 .... I ............ 3 6.13. APPROVAL OF MINUTES - DECEMBER 10, 2002 ....... I ............. 3 7, CONSENT AGENDA .............................................. 4 7.A. Approval of Warrants ......................................... 4 7.13. Approval of Warrants ......................................... 4 7.C. Accept Donation of 15.9 Acres - Falcon Trace Development - Off -Site Wetland Mitigation Property Adjacent to the Wabasso Scrub Conservation Area (INDECO, Inc.) ................ I ... I ... I . , ...... I ....... 4 7.D. Florida Communities Trust (FCT) Grant Contract and Confidentiality Agreement for Cost -Share Acquisition of the "Indian River Farms Coastal Preserve" (a.k.a. Canty Property) Environmental Lands Project ........ 5 7.E. Authorization for Enforcement of Trespass at Courthouse Parking Garage .........................................................5 7.F. Authorization for Declaration of Surplus and Authorization for Disposal by Legal Means of Obsolete Voting Machines .. I .. 0 . I ................ 6 7.G. Fixed Interest Rate Approval on All County Financing (5-3/4%) 1 . 1 0 .. 1 6 7.H. Ambersand Beach Erosion Control Line - Final Execution of Erosion Control Line Drawings (Florida Department of Environmental Protection) ...........................................................6 7.I. Temporary Water Service Agreement with Warren B. Whiddon and Paula B. Whiddon................................................. 7 7.J. Metropolitan Planning Organization Transportation Advisory Committee (MPO TAC) Appointments - City of Sebastian - Tracy Hass and Jason Milewski................................................... 7 7.K. Payments to Vendors of Court Related Costs. 8 7.L. Resolution No. 2003-001 - Signatories County Funds ................ 8 7.M. Annual County Tax Deed Applications ............... 0 . I ......... 8 7.N. Resolution No. 2003-002 Authorizing the Community Development Director or His Designee to Execute on Behalf of the Board Fair Share Roadway Improvements Fee Agreements - Interlocal Agreement with City of Sebastian - Addenda to Interlocal Agreements with the Cities of Fellsmere and Sebastian - Forbearance of Traffic Impact Fees .. 1 0 1 1 ... 9 7.0. Authorization for Public Hearing on Annual Codification of Ordinances ................................................9 7.P. Floodplain Cut and Fill Balance Waiver - Lot 12, Block 23, Vero Lake Estates, Unit 5A - MGB Corporation .. I .. I ... I .................. 10 7.Q. Authorization to Hire Joseph Masi, Esq. as Outside Counsel - William O. Jordan and Carol Jean Jordan, Vince Trionfo Auto Repair, U -Haul v. Code Enforcement Board - Case No. 2002-50074; Circuit Court Case Nos. 2002- 0596 CA 25 and 2002-0597 CA 20 .... 11 . 1 . 1 10 9.A. PUBLIC HEARING...............................................11 9.13. PUBLIC DISCUSSION ITEM - REQUEST BY HENRY A. FISCHER TO SPEAK ON THE SUBJECT OF BIDDING BEACH SAND ............... I 1 9.C.1. PUBLIC NOTICE ITEM - PUBLIC HEARINGS SCHEDULED .......1111 13 9,C.1.a. (January 14, 2003) An ordinance amending the Code to delete a provision that a County Commissioner who serves as a member of a commission or board chair such a commission or board; that a County Commissioner appointed as a representative of the Board of County Commissioners shall be a non-voting liaison to the commission or board, ................................... 13 2 9.C.2.a. (January 14, 2003) Island Club Lot 3 Planned Development setback modification (Legislative) ..... 13 9.C.2.b. (January 14, 2003) LDR Amendment for "Retreats and Camps" (Legislative) ...................................... I ... 13 9.C.3.a. (January 21, 2003) St. John's River Water Management District request to abandon certain rights-of-way within the Fellsmere Farms Company's Subdivision lying north of the Town of Fellsmere and east of Babcock (507) (Legislative) ......... I .............. 14 9.C.3.b. (January 21, 2003) LDR Amendment for definition of "Recreational Vehicle" (Legislative) .... I ......... I ..... I ........ I .... 14 9.C.3.c. (January 21, 2003) LDR Amendment on special school setbacks (Legislative)14 9.C.3.d. (January 21, 2003) Notice of proposed change to add "Luther" site to Grand Harbor (Quasi -Judicial) .. I .. I .................... 14 I LA. APPROVAL OF DATES FOR TWO BOARD HEARINGS TO CONSIDER AN LDR AMENDMENT TO CREATE A NEW COMMERCIAL USE CATEGORY - SMALL-SCALE HOME FURNISHING SHOWROOMS 1 1.. 1 1 1..11..1 14 I LG. 1, EXHIBIT PAVILION - FAIRGROUNDS/HOBART PARK - PCL CONSTRUCTION SERVICES, INC. - AMENDMENT NO. 3 TO DESIGN/BUILD PROFESSIONAL SERVICES CONTRACT FOR ADDITIONAL SCOPE ITEMS (FIRE LINE, HYDRANT, AND ELECTRICAL SERVICE) .................................... 15 I LG.2. NORTH COUNTY REGIONAL PARK, PHASE IA - (1) PROCTOR CONSTRUCTION COMPANY - CHANGE ORDER NO. 2, FINAL PAY REQUEST AND RELEASE OF RETAINAGE AND (2) WELLER POOL CONSTRUCTORS, INC. - CHANGE ORDER NO. 4, FINAL PAY REQUEST AND RELEASE OF RETAINAGE .....1111.......... 16 I LH. 1, HOLD HARMLESS AGREEMENT - IR MALL ASSOCIATES, LTD. (IR MALL COMPANY, L.C., SIMON PROPERTY GROUP, L.P., SIMON PROPERTY GROUP, INC.) - BED BATH AND BEYOND WATER MAIN RELOCATION ...... 17 13.A.1. CHAIRMAN MACHT - COMMENTS ON LOST TREE ISLAND - THANKS TO MEMBERS OF THE LAND ACQUISITION ADVISORY COMMITTEE (LAAC) ........................ 1 ....... 1 ...... 17 3 13.A.2. CHAIRMAN MACHT - OFFICE SPACE IN THE COUNTY ADMINISTRATION BUILDING FOR REPRESENTATIVE RALPH POPPELL 13.E. COMMISSIONER NEUBERGER - REQUEST FOR AN UPDATE ON THE MEETING SCHEDULE FOR THE EMERGENCY SERVICES DISTRICT ADVISORY COMMITTEE (ESDAC) I ... I .... I ....... 18 14.A, EMERGENCY SERVICES DISTRICT I ........ I ... 1 ........... 119 14.13, SOLID WASTE DISPOSAL DISTRICT ...... 1. 1 ............... 1 19 14.C, ENVIRONMENTAL CONTROL BOARD ... 1. 1 ................. 19 4 January 7, 2003 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25" Street, Vero Beach, Florida, on Tuesday, January 7, 2003. Present were Kenneth R. Macht, Acting Chairman; Caroline D. Ginn, Acting Vice Chairman; Commissioners Fran B. Adams; Thomas S. Lowther; and Arthur R. Neuberger. Also present were James E. Chandler, County Administrator; Paul 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.A. INVOCATION Rabbi Michael Birnholz, Temple Beth Shalom of Vero Beach, delivered the invocation. 2.B. PLEDGE OF ALLEGIANCE Commissioner Neuberger led the Pledge to the Flag. 3.A. ELECTION OF CHAIRMAN The Chairman opened the floor to nominations for Chairman of the Board of County Commissioners for 2003. January 7, 2003 Commissioner Adams NOMINATED Commissioner Kenneth R. Macht, SECONDED BY Acting Vice Chairman Ginn. There were no other nominations. The Chairman directed the Clerk to cast a UNANIMOUS BALLOT for Commissioner Kenneth R. Macht for Chairman of the Board of County Commissioners for 2003. 3.B. ELECTION OF VICE CHAIRMAN The Chairman opened the floor to nominations for Vice Chairman of the Board of County Commissioners for 2003. Commissioner Adams NOMINATED Commissioner Caroline D. Ginn, SECONDED By Commissioner Neuberger. There were no other nominations. The Chairman directed the Clerk to cast a UNANIMOUS BALLOT for Commissioner Caroline D. Ginn for Vice Chairman of the Board of County Commissioners for 2003. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS It was announced that there were replacement pages and additional backup for Item TN. 2 ,j U-. 1. D ii € , 4 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously acknowledged the additional backup and replacement pages for Item 7.N. as announced. 5. PROCLAMATIONS AND PRESENTATIONS None. 6.A. APPROVAL OF MINUTES - DECEMBER 3, 2002 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of December 3, 2002. There were none. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously approved the minutes of December 3, 2002, as written and distributed. 6.B. APPROVAL OF MINUTES - DECEMBER 10, 2002 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of December 10, 2002. There were none. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously approved the minutes of December 10, 2002, as written and distributed. January 7, 2003 7. CONSENT AGENDA 7.A. Approval of Warrants ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously approved the list of warrants issued by the Clerk for the period December 6- 12, 2002, as requested. 7.B. Approval of Warrants 7. C. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously approved the list of warrants issued by the Clerk for the period December 13- 19, 2002, as requested. -F . .. r, ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously accepted donation of the 15.9 acre Falcon Trace off-site mitigation property as a western expansion of the Wabasso Scrub Conservation Area, and authorized staff to close the acquisition, as recommended in the memorandum. Lip U 7.D. Florida Communities Trust (ECT) Grant Contract and Con identiali(yAgreement for Cost4hareAcquisition of the "Indian River Farms Coastal Preserve" a.k.a. Cantv Pronertv) Envi ends Pro ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously approved the proposed Grant Contract and Confidentiality Agreement for the Indian River Farms Coastal Preserve project, and authorized the Chairman to execute same, as recommended in the memorandum. COPY OF PARTIALLY EXECUTED GRANT CONTRACT AND PARTIALLY EXECUTED CONFIDENTIALITY AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.E. Authorization or Enforcement of Trespass at Parking Garage ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously authorized the County Administrator or his designee to sign the trespass enforcement authorization form, as recommended in the memorandum. January 7, 2003 5 r 7.F. Authorization, for Declarati csnosal by Legal Means of Obsolete Voting M� uthori7ati ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously declared the machines surplus and authorized staff to undertake the proper disposal of the machines through sale or recycling should there be no offer to buy the machines, as recommended in the memorandum. 7.G. Fixed Ing ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously approved the fixed interest rate of 5.75% (5-3/4%), which is the equivalent to the minimum rate adopted by the Board of County Commissioners on February 5, 2002, and this rate shall remain in effect for calendar year 2003 for all County financing with the exception of projects directly affiliated with a bond issue for which the bond covenants dictate a different interest rate, as recommended in the memorandum. . . e Drawings (Florida D Environmental Protection) re xecution o ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously authorized the execution of the ECL (erosion control line) drawings, as recommended in the memorandum. COPY OF RECORDED RESOLUTION OF THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AND COPY OF PLAT ARE AVAILABLE IN THE OFFICE OF THE CLERK TO THE BOARD 'ater Servi and Paula B. Whiddon nt wi ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously approved the proposed agreement for temporary water service with Warren B. Whiddon and Paula B. Whiddon, as recommended in the memorandum. RECORDED AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.J. Metropolitan Planni %ttee (MPO TA Hass and Jason Milewski r NO ACTION REQUIRED OR TAKEN. January 7, 2003 . 7 E! 7.N. Resolution No. 2003402 Authorizing the Development Director or His Designee to Execute on B Board Fair Share Roadway Improvements Fee Agr Interlocal Agreement with City of Sebastian - Addenda t Agreements with the Cities ofFellsmere and Sebastian - F of Traffic Impact Fees ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously adopted Resolution No. 2003-002 authorizing the Community Development Director or his designee to execute Fair Share Roadway Improvements Fee Agreements on behalf of the Board of County Commissioners; and approved and authorized the Chairman to execute the proposed Interlocal Agreement with the City of Sebastian and Addenda to Interlocal Agreements between Indian River County and the Cities of Fellsmere and Sebastian, as recommended in the memorandum. Int INTERLOCAL AGREEMENT AND ADDENDUM WITH THE CITY OF SEBASTIAN ARE ON FILE AND ADDENDUM WITH THE CITY OF FELLSMERE WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 7.0. Autho; Ordinances January 7, 2003 I We on A i, M 7.P. ake E, ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously authorized advertisement of public notice and setting a public hearing for adoption of a proposed ordinance having a title substantially set forth and as recommended in the memorandum. %n Cut Ft - Mt . r -L ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously granted the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)4, as recommended in (Alternative No. 1) 7. . Authorization to Hire Joseph Masi, Wiam O. Jordan and Carol Jean Jo ►rcuit G I s. 2 the memorandum. Esa. Board - Case A A 25 and 2002- . . 23 Counsel - FL 002-50074: ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously authorized the engagement of Joseph Masi, Esq. as outside counsel in the above -referenced Code Enforcement appeal at a rate of $75 per hour, as recommended by staff. Umammilm 10 Eli 20 9.A. PUBLIC HEARING None. 9.11. PUBLIC DISCUSSI FISCHER TO SPEAK ON IN 1/ AND Henry A. Fischer, D.D.S., 520 Blue Island Avenue, Sebastian, presented a letter to the Commissioners in which he requested the Board to place a moratorium on bidding and appoint interested citizens to a committee to review the present bidding process. (Copy is on file with the backup in the Office of the Clerk to the Board.) He alleged among other things that the current bidding process is flawed and subverts the intention of open bidding. He presented two labeled jars of sand samples from his 99" Street pit beach sand for the Commissioners' inspection. He expounded on reasons to substantiate his claim that the use of Fischer sand is superior to sand from offshore dredging. Environmental Analyst Jonathan C. Gorham, PhD, explained the contract document requirements and gave assurances that expert approvals will be required before the sand dredging project can proceed. Many of those tasks are being conducted now and he foresaw the project would be ready to begin on schedule in February. He advised involved that all agencies involved have issued letters or opinions in support of the project. Commissioner Neuberger suggested the Board set up an ad hoc committee or assign the task of investigating the County's bidding process to an existing committee. In response to Commissioner Adams' suggestion, County Administrator Chandler explained the County's bidding process and the regulations the County must follow. Dr. Fischer complained that the County did not advertise for bid the 77th Street project, that he had tried to bid on it, but it was given to one of the "good old boys". He January 7, 2003 advised that his attorney agrees the process is wrong and has written the County Attorney. Chairman Macht maintained that the County follows State regulations and has been successful in obtaining the best deals for our citizens. He recounted that the Board has heard complaints from locals for not giving them preference and explained the County cannot exclude out -of -county bidders because we would face reciprocity exclusion from other jurisdictions. His best advice for the new Commissioners was to get with County Administrator Chandler so he can explain the process, go over the history with them, and show them results. Commissioner Neuberger stated that he was acquainted with the bidding process and perhaps Dr. Fischer should meet with the County Administrator or County Attorney to get some answers. Public Works Director James Davis explained that 77th Street was a road paving project on which the County worked with the Humane Society and that it was handled in a manner typical of our developer's agreements. He also explained the project manager (Procter Construction) procedure used in the North County Regional Park Project. Commissioner Lowther suggested that Dr. Fischer get with the County Attorney. He was sure the bids are done correctly, but the public outcry needs to be addressed. Commissioner Adams heard only one outcry and maintained the process does work. She declared the North County Regional Park and Aquatic Center a beautiful facility on which Proctor has done a wonderful job. Commissioner Macht emphasized that if there was such a thing as the "good old boy" system, it died many years ago. He suggested the Board have the County Attorney look into these allegations. Frank Zorc, 1695 201h Avenue, read from prepared notes (copy on file with the backup in the Office of the Clerk to the Board). He commented on the question raised by 12 Dr. Fischer and reiterated his position against sand replacement. Bill Glynn, 1802 Barefoot Place, commented that candidates who shared Mr. Zorc's opinions have not been elected and those who did favor protecting the beach were elected. County Attorney Paul Bangel advised that he would meet with Dr. Fischer's attorney or Dr. Fischer, with his attorney's approval. 9.C.1. 9. C. 1. a. 9. C.2. a. 9. C.2. b. PUBLIC NOTICE ITEM - PUBLIC HEARINGS SCHEDULED An in delete a provision that a County Commissioner who serves as a member of a commission or board chair such a commission or board; that a County Commissioner appointed as a representative of the Board of County Commissioners shall be a non-voting liaison to the commission or board. Cams" (Legislative January 7, 2003 VIN 13 7A 19 I 'or 9. C.3. a. (January 21. 2003) St. John's River Water Management District request to abandon certain rights -okay within the Fellsmere Farms Company's Subdivision lying north of the Town offellsmere 9.C3.b. (j "Recreation . 9. C. 3. c. Jan uar 2 setbacks (Legislative 50 It 2 " (L 9.C. 3. d. (.an uary 21. 2003) Notice "Luther" site to Grand Harbor (Quasi 11.A. r� c ral ... Chairman Macht announced the above scheduled public hearings for the record. AL FMARRE) rol CONSIDER AN LDR AMENDMENT TO CREATE A NEW COMMERCIAL USE CATEGORY - SMALL-SCALE HOME FURNISHING SHOWROOMS Planning Division Director Stan Boling reviewed his memorandum of December and advised the suggested date of Meeting #2 should have been February 4" or February 11 " not February 8"'. January 7, 2003 14 ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously scheduled the public hearings to consider an LDR amendment to create a new commercial use category, small-scale home furnishing showrooms, for January 21, 2003, at 9:05 a.m. and February 4, 2003, at 5:01 p.m. 11.G.1. EXHIBIT PAVILION - FAIRGROUNDSMOBART PARK - PCL CONSTRUCTION SERVICES, INC. - AMENDMENT NO 3 TO PR VI ADDITIONAL SCOPE ITEMS (FIRE LINE, HYDRANT, AND ELECTRICAL SERVICE) MOTION WAS MADE by Commissioner Adams, SECONDED by Vice Chairman Ginn, to approve staff's recommendation. In response to an inquiry from Vice Chairman Ginn, Public Works Director James Davis explained that this will be an open -sided building. The intent is to use it for outdoor events as a compliment to an existing enclosed building. Initially it was planned that the user would set up the building for its needs, but it is now recommended the facility can be more easily rented and generate more revenue with the additional electrical services. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. (The Board approved Amendment No. 3 to the Exhibit Pavilion at Fairgrounds/Hobart Park Contract January 7, 2003 11.G.2. with PCL Construction Services, Inc., to add a fire line and hydrant and electrical services to the building, for a total of $36,509, and authorized the Chairman to execute the amendment.) TH AMENDMENT NO. 3 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD OWN 1A - PROCTOR CONSTRUCTION COMPANY - CHANGE ORDER NO. 2 FINAL PAY REQUEST AND RELEASE OF RETAINAGE AND (2) WELLER POOL CONSTRUCTORS, INC. - CHANGE ORDER NO 4, FINAL PAY REQUEST AND RELEASE OF RETAINAGE MOTION WAS MADE by Commissioner Adams, SECONDED BY Vice Chairman Ginn, to approve staff s recommendation. Under discussion, Vice Chairman Ginn commented that this project came in on budget, and Commissioner Adams remarked it is a beautiful facility, the water heating system is working, and it is fun watching the users jump into the pool. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. (The Board approved Change Order No. 4, Final Pay Request and Release of Retainage for the contract with Weller Pool Constructors, Inc., in the amount of $41,190.87, and approved Change Order No. 2, Final Pay Request and Release of Retainage for the contract with Proctor 16 Construction Company, in the amount of $249,088.34, as recommended in the memorandum.) CHANGE ORDER #2 AND APPLICATION & CERTIFICATE FOR PAYMENT (PROCTOR) AND CHANGE ORDER #4 AND APPLICATION & CERTIFICATE FOR PAYMENT (WELLER) ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.H.1. HOLD HARMLESS AGREEMENT - IR MALL ASSOCIATES, LTD. (IR MALL COMPANY, L.C., SIMON PROPERTY GROUP, L.P., SIMON PROPERTY GROUP, INC.) - BED BATH AND BEYOND WATER MAIN RELOCATION ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Adams, the Board unanimously approved the developer's agreement (Agreement with IR Mall Associates, Ltd., a Florida limited partnership, for the construction of on- site utilities) as presented and authorized the Chairman to execute the same, as recommended in the memorandum. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13.A.1. CHAIRMAN MACHT - COMMENTS ON LOST TREE ISLAND - THANKS TO MEMBERS OF THE LAND ACO_UISITION ADVISORY COMMITTEE (LAAO. Chairman Macht publicly thanked the members of the LAAC for years of hard work in relation to the recent acquisition of the Lost Tree Islands. January 7, 2003 17 13.A.2. CHAIRMAN MACHT - OFFICE SPACE IN THE CO ADMINISTRATION BUILDING FOR REPRESENTATIVE RALPH POPPELL Chairman Macht advised that Rep. Ralph Poppell had called him asking for space in the County Administration Building and he explained that we are already cramped for space in the building. Chairman Macht asked if space such as this is being considered in the planning for the new County Administration Building. Discussion ensued. There was CONSENSUS that the space outside Conference Room "A" and/or North County Library space could be offered to Rep. Ralph Poppell for meeting with constituents and that the County Administrator will investigate having permanent office space for our legislators in the new Administration Building. 13.E. COMMISSIONER NEUBERGER - REQUEST FOR AN UPDATE ON THE MEETING SCHEDULE FOR THE EMERGENCY CT SDA Commissioner Neuberger requested an update on the ESDAC meeting schedule. He thought it necessary to move forward on reorganization as well as another situation concerning certification of dual -certified firefighters who need a place to train and the necessary equipment for the training. Discussion ensued. It was suggested that a meeting of the ESDAC be deferred until the two vacancies (appointments from City of Vero Beach and Town of Orchid) on the ESDAC have been filled and after the Board determines the role of Commissioners in chairing advisory committees (9.A.3. 1/14/03). It was also pointed out that new Commissioners and new IF' r, s committee members need to be brought up to date on past policies and decisions that affect these issues. Commissioner Adams advised she would schedule an ESDAC meeting towards the end of January. 14.A. EMERGENCY SERVICES DISTRICT None. 14.B. SOLID WASTE DISPOSAL DISTRICT None. 14ke ENVIRONMENTAL CONTROL BOARD None. January 7, 2003 19 Eli There being no further business, upon motion duly made and seconded, the Chairman adjourned the meeting at 10:01 a.m. ALL BACKUP DOCUMENTATION, RESOLUTIONS, ORDINANCES, AND CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD ATTEST: Jeffrey K. Barton, Clerk Minutes approved JAN 2 1 2003 January 7, 2003 IW