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HomeMy WebLinkAbout11/4/2003MINUTES ATTACHED OF COONTY COMMISSIONERS IN RIM COOKY, FLORIDA AGENDA TUESDAY, NOVEMBER 4, 2003 - 9:00 A.M. County Commission Chamber County Administration Building 1840 25th Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS Kenneth R. Macht, Chairman Caroline D. Ginn, Vice Chairman Fran B. Adams Thomas S. Lowther Arthur R. Neuberger 9:00 a.m. 1. CALL TO ORDER District 3 District 5 District 1 District 4 District 2 James E. Chandler, Cunty Administrator William G. Collins, County Attorney Kimberly Massung, Executive Aide to BCC Jeffrey K. Barton, Clerk to the Board 2. INVOCATION Jim Davis, Director of Public Works 3. PLEDGE OF ALLEGIANCE Comm. Arthur R. Neuberger BACKUP PAGES 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS ADDITIONS: 7.G. Additional Backup 7.B.B. Proclamation Honoring Charles Hart for Outstanding Service on the Environmental Control Hearing Board 7.C.C. Post Closing Occupancy Agreement - Thelma Spikes 13.13.2. LAAC Recommendation - Referendum for Environmental Lands Program at November 2004 Election to Include the Purchase or Transfer of Development Rights 13.C.1. Report on Swim Meet 13.C.2. Report on Beach Erosion DELETED: 14.13.1. SWDD Minutes for 9-2-03 - previously approved. 5. PROCLAMATION and PRESENTATIONS A. Presentation of Proclamation Designating November 16, 2003 as Retired Educators Day 1 B. Presentation of Proclamation Designating November 11, 2003 as Veterans Day 2 6. APPROVAL OF MINUTES A. Special Meeting of July 22, 2003 B. Regular Meeting of September 16, 2003 C. Regular Meeting of September 23, 2003 1 r�4 = �wr✓- 4 r`i f< y �'.' re x � .a yat a e-_ -F A v _ -! 6 i' �' a A y 3 �3"'�i 1 B -a- ^, i- t< -t Xi�1Y t s. BACKUP 7. CONSENT AGENDA PAGES A, Received and Placed on File in Office of Clerk to the Bo ard: 1) Sheriff's DUI Impoundment and Immobilization Trust Fund Report for the Fourth Quarter of FY 2003 2) Annual Report for Court Cost for Court Facilities' for FY Ending 09/30/03 Pursuant to F.S. 939.18 B. Jeffrey K. Barton, Clerk of Court, Constitutional Officem Financial Report for FY Ending 09/30/03 (letter dated October 16, 2003) 3-5 C. Approval of Warrants (memorandum dated October 16, 2003) 6-14 D. Approval of Warrants (memorandum dated October 23, 2003) 15-24 E. Retirement Recognition of Cardinal Simmons 25 F. Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy Committee Appointment (memorandum dated October 24, 2003) 26-29 G. Reorganization of Committee Members for the Building Board of Adjustments and Appeals (memorandum dated October 24, 2003) 30-49 H. Out -of -County Travel Approval Request for Commissioners and Staff to Attend NACO Legislative Conference in Washington, D.C. (memorandum dated October 24, 2003) 50-52 I. Resignation from the Environmental Control Hearing Board (ECHB) (memorandum dated October 27, 2003) 53-54 L Appointment of Utility Advisory Committee (UAC) At - Large Member (memorandum dated October 27, 2003) 55-56 K, Appointment of Economic Development Council (EDC) Member (memorandum dated October 27, 2003) 57-61 U4, i r; 2 7777 -1 - 3. J: i • �'�`'�' hY Y'yt`a�'.e _-" �. iTS>-�� c _ _ - -- .J,.:^L)F&;.� i,:Y f.s dY nifi Y F J 4 4 _ _ - -- - - - .tK 7. CONSENT AGENDA (cont'd.). BACKUP L. Treasure Coast Regional Planning Council (TCRPC) 2004 PAGES Appointments (memorandum dated October 28, 2003) 62-63 M. Removal of Emergency Services District Advisory Committee (ESDAC) Member (memorandum dated October 28, 2003) 64 N. James Applegate's Request for Final Plat Approval for a Subdivision to be Known as Applegate (memorandum dated October 27, 2003) 65-69 O. Request to Approve and Authorize the Board Chairman to Sign the Surveyor Contract for the Indian River County Housing Rehabilitation Community Development Block Grant (CDBG) for Gifford (memorandum dated October 22, 2003) 70-81 P. Reject and Re -bid of Indian River County Bid #5084 Rotary Drum Thickener at the Central Regional WWTF (memorandum dated October 23, 2003) 82-84 Q. Temporary Water Service Agreement Between Indian River County and Richard Vaeth (memorandum dated October 24, 2003 85-91 R. Temporary Water Service Agreement Between Indian River County and Makario and Natalya Henry (memorandum dated October 24, 2003) 92-101 S. Temporary Water Service Agreement Between Indian River County and Glenn Campbell (memorandum dated October 20, 2003) 102-108 T. Acknowledgment and Stipulation of Boundary Line (memorandum dated October 23, 2003) 109-113 U. Release of Retainage — Applied Technology & Management, Inc. Contract Amendment #5 (memorandum dated October 28, 2003) 114-116 V. Florida Department of Law Enforcement FY 2003/2004 Byrne State and Local Law Enforcement Grants (memorandum dated October 28, 2003) 117-151 r,r d NJ BACKUP 7. CONSENT AGENDA (cont'd.): PAGES W. Dissolving Affordable Housing Advisory Committee (memorandum dated October 28, 2003) 152-154 X. Utility Easements Deed and Use Agreement with the School Board of Indian River County; North County Regional Park, Phase 2 — IRC Project No. 0399 (memorandum dated October 23, 2003) 155-164 Y. Request for Floodplain Cut and Fill Balance Waiver for Lot 8, Block 13, Vero Lake Estates Unit 2 at 8315 92nd Avenue (memorandum dated October 22, 2003) 165-168 Z. Approval of Bid Award for IRC Bid #5102 Phase II Wellfield Rehabilitation H at South County Water Treatment Plant (memorandum dated October 27, 2003) 169-222 A.A. Retirement Recognition of Jo Anne Wicker 223-224 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES A. Sheriff Roy Raymond — request to schedule meeting date to consider jail expansion project (letter dated October 23, 2003) 225-226 9. PUBLIC ITEMS A. PUBLIC HEARINGS None B. PUBLIC DISCUSSION ITEMS 1. Request from William Rigby of Capital Sanitation to address issues concerning the "Modification of Non -Exclusive Franchise Agreement Program" (letter dated October 22, 2003) 227 Co PUBLIC NOTICE ITEMS 1. The Indian River County Attorney desires an attorney client session with the Board of County Commissioners regarding advice with respect to settlement negotiations or strategy sessions related to litigation expenditures in the suit of Weller Poo l Constructors v. Indian River Countv, 19th Judicial Circuit, Case No. 20030380-CA03 at 11:00 a.m. on 0 Cyt f 0 BACKUP 9. PUBLIC ITEMS (cont'd.): PAGES Co PUBLIC NOTICE ITEMS (cont'd.): 1. (cont'd.): Tuesday, November 18, 2003 in the County Administrator's Conference Room of the County Administration Building, 1840 25th Street, Vero Beach, Florida. The estimated time of the attorney client session is 30 minutes. Present at the meeting will be Commissioners Kenneth R. Macht, Caroline D. Ginn, Fran B. Adams, Thomas S. Lowther, ar,d Arthur R. Neuberger. Also present will be County Attorney William G. Collins H, County Admini- strator James E. Chandler, County out -side counsel Michael H. Bowling and a certified court report(.r. 228 2. Scheduled for Public Hearing November 18, 2003: a) St. Peters Missionary Baptist Church request for Special exception use approval to expand a Charter School (Quasi -Judicial) b) Adrienne Dissis' request for abandonment of Short Street between 134th Street and the Florida East Coast Railroad (Legislative) c) [Note: not a public hearing but will involti e public discussion] Godfrey Appeal of Planning and Zoning Commission denial of a proposed sand mine operation at 99th Stieet and Babcock (Quasi -Judicial) 3. Scheduled for Public Hearing December 2, 2003: a) Smigiel Properties' request to rezone 135.77 acres located along the west side of 43`° Ave., north of 25th Street Southwest and approxi- mately 608 feet south of 17th Street South- west from A-1 to RS -3 (Quasi -Judicial) b) Sartor LLC's request to rezone 22.08 acres located on the south side of 12th Street, approximately 430 feet east of 54th Avenue from A-1 to RS -3 (Quasi -Judicial) C) Oslo Venture's request for a small scale land use amendment to swap the land use desig- nation of .22 acres of land designated as C'I, located at the northeast corner of 43rd Avenue BACKUP 9. PUBLIC ITEMS (cont'd.): PAGES Co PUBLIC NOTICE ITEMS (cont'd.): 3. Scheduled for Public Hearing December 2, 2003:i C) (cont'd.): and Oslo Road, with .22 acres of land desig- nated as L-2, located 520 feet north of Os..o Road and east of 43rd Avenue; and to rezone 2.99 acres located 38 feet north of Oslo Road and east of 43rd Avenue from CH to CG; and to rezone .22 acres of land located 520 feat north of Oslo Road from RM -3 to CG; and to rezone .22 acres located at the northeast corner of Oslo Road and 43rd Avenue from CH to RS -3 (Legislative) (memorandum dated October 27, 2003) 229-230 10. COUNTY ADMINISTRATOR'S MATTERS A. Collective Bargaining Strategy Meeting (no backup provided) 11. DEPARTMENTAL MATTERS A. Communitv Development 1. Condemnation, Demolition and Removal of Unsafe Structures (memorandum dated October 17, 2003) 231-238 B. Emergencv Services 1. Approval of Renewal of an expired Class `B" Certificate of Public Convenience and Necessity for Association for Retarded Citizens of Indian River County to Provide Wheelchair Services (memorandum dated October 14, 2003) 239-251 C. General Services None D. Human Resources_ None E. Human Services None F. Leisure Services None F� i n 31 BACKUP 11. DEPARTMENTAL MATTERS (cont'd.): PAGES G. Office of Management and Budget None H. Recreation None I. Public Works 1. Joint Participation Agreement — 4th Street Widening US 1 to West of Old Dixie (memorandum dated October 22, 2003) 252-261 2, Exhibit Pavilion at Fairgrounds/Hobart Park Amendment No. 5 to Design/Build Professional Services Contract (memorandum dated October 14, 2003) 262-265 J. Utilities Services 1 44t`' Street Community Water Distribution System: Activation of water main, fire hydrants and appur- tenances (memorandum dated October 23, 2003) 266-270 2, North County R.O. Concentrate Discharge Pipe Relocation — Approval of Final Payment to Con- tractor and Change Order No. 1 (memorandum dated October 16, 2003) 271-278 3, Grant Submittal Re: Orchid Island & Orchid Isle Estates (memorandum dated October 27, 2003) 274-280 4. Indian River Park of Commerce along SR60 — WE st of I-95 Water and Sewer Master -Planned Main Extensions from 98`h Avenue to 100th Avenue (memorandum dated October 28, 2003) 281-286 12. COUNTY ATTORNEY A. Public School Planning (memorandum dated October 28, 2003) 7 287 BACKUP 13. COMMISSIONERS ITEMS PAGES A, Commissioner Kenneth IL Macht, Chairman 1. Resolution urging the State to support existing Florida Water Law as it relates to the sale or transfer of water allocation (memorandum dated October 29, 2003) 288-295 B. Commissioner Caroline D. Ginn. Vice Chairman 1. Impact Fees (memorandum dated October 23, 2003) 296-297 C. Commissioner Fran B. Adams D. Commissioner Thomas S. Lowther E. Commissioner Arthur R. Neuberger 14. SPECIAL DISTRICTS and BOARDS A. Emergenev Services District 1. Approval of minutes — 8-12-03 2. Request for an Insurance Services Office Public Protection Study (memorandum dated October 27, 2003) 298-299 B. Solid Waste Disposal District 1. Approval of minutes — meeting of 9-2-03 2. Approval of minutes — meeting of 9-16-03 3. Approval of minutes — meeting of 9-23-03 4, Additional Fees for Scale House and Landfill Entrance Improvements (memorandum dated October 13, 2003) 300-305 5. Approval of Bid Award and Sample Agreement for IRC Bid #5091, Indian River County Landfil'; Gas Collection System — Phase I (memorandum dated October 21, 2003) 306-347 E BACKUP 14. SPECIAL DISTRICTS and BOARDS (cont'd.): PAGES co Environmental Control Board None 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 cor tact the County's Americans with Disabilities Act (ADA) Coordinator at 567-8000 x1223 at least 48 Lours in advance of meeting. Indian River County WebSite: httn://www.irceov.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 Comcast Cable Channel 13 — rebroadcast continuously Thursday 1:00p.m. until Friday morning and Saturday 12:00 noon until 5:00 p.m. Meeting broadcast same as above on Comcast Broadband, Channel 27 in Sebastian. L 0 INDEX TO MINUTES BOARD OF COUNTY COMMISSIONERS 1. CALL TO ORDER ......... ........................................ 1 2. INVOCATION....................................................1 3. PLEDGE OF ALLEGIANCE ........................................ 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITL MS ..... i 5. PROCLAMATIONS AND PRESENTATIONS .......................... 2 5.A. Proclamation Designating November 16, 2003 as Retired Educators Day ...........................................................2 5.13. Proclamation Designating November 11, 2003 as Veterans Da_r ........ 3 6.A. APPROVAL OF MINUTES -JULY 225 2003 ........................... 3 6,13. APPROVAL OF MINUTES -SEPTEMBER 16, 2003 4 6.C, APPROVAL OF MINUTES - SEPTEMBER 23, 2003 .... 4 T CONSENT AGENDA .............................................. 4 7.A. Report Placed on File in the Office of the Clerk to the Board .......... 4 7.13. Jeffrey K. Barton, Clerk of Court, Constitutional Officers Financial Report for FY Ending 09/30/03 - Request by Vice Chairman Ginn for Recommendations for Landscaping for Health Department Building 4 4 4 4 5 7.C. Approval of Warrants ............................. . ........... 6 7.D. Approval of Warrants ......................................... 6 7.E. Retirement Award Certificate and Recognition of Cardinal Simmons ... 6 7.F. Appointment of Helene Caseltine to the Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy Committee - Resignation of George Watson ....... 0 ....... 1 ......... 4 1 4 ... 1 . 7 7.G. Reorganization of Committee Members for the Building Board of Adjustments and Appeals per the 2001 Florida Building Code (Section 110#2. 1) ....................................................7 7.H. Out-of-Country Travel for Commissioners and Staff to Attend NACO Legislative Conference in Washington, D.C. ............i .......... 8 7.1. Resignation of Charles A. Hart from the Environmental Control Hearing Board(ECHB).................................... 8 7.J. Appointment of John Tschinkel as At-Large Member of the Utility Advisory Committee 1111... . ............ . .......... 11 11 11 ..... 8 7.K. Appointment of Deborah J. Mayfield to Economic Development Council (EDC}......................................................9 71. Treasure Coast Regional Planning Council (TCRPC} 2004 Appointments - Viee Chairman Ginn (Commissioner Adams Alternate) and Commissioner Lowther (Commissioner Neuberger Alternate) ..... , .. , . 1 0 . 0 ....... 1 9 7.M. Removal of Hilda Stringer from the Emergency Services District Advisory Committee (ESDAC)................................... 0 .... , . 9 7.N. Final Plat Approval for Applegate Subdivision - Requested by James Applegate..................................................10 7.0. Indian River County Housing Rehabilitation Community Development Block Grant (CDBG) for Gifford - Survey Services Agreement - LBFH, Inc. . . I ... 10,11111. 10 7.P. Bid #5084 - Reject and Rebid - Rotary Drum Thickener at the Central Regional Wastewater Treatment Facility (WWTF) ... 0 1 0 1 . I ...... 111 7.Q. Temporary Water Service Agreement - Richard Vaeth (4675 E, 5th Street) 7.R. Temporary Water Service Agreement - Makario and Natalya Henry (4220 47thPlace).................................................11 7.5. 'Temporary= Water Service Agreement - Glenn Campbell (8655 94th Avenue) ...................................................12 7.T. Andlinger v. Lost Tree Village Corporation - Acknowledgment and Stipulation of Boundary Line (City of Vero Beach and Town of Indian River Shores)...............................................12 7.U. Beach Restoration - Sectors 1 and 2 - Applied Technology & Management, Inc. - Release of Retainage - Contract Amendment #5 - Florida Department of Environmental Protection - Grant 981R1 13 7.V. Florida Department of Law Enforcement FY 2003-04 Byrne S ate and Local Law Enforcement Grant - Certificate of Acceptance of ubgrant Award for the Substance Abuse Administration Grant 14, Prevent 4 Grant, and Multi-Agency Drug Enforcement Unit 11 Grant - Substance Abuse Council of Indian River County .................. . ............. 13 7.W. Resolution No. 2003-139 - Dissolving Affordable Housing Advisory Committee - Public Hearing Scheduled to Repeal Code Section 308.07 14 2 i 7.X. North County Regional Park, Phase 2 - Utility Easements Dec d and Use Agreement with the School Board of Indian River County - II:C Project No. 0399 ..................................................15 7.Y. Floodplain Cut and Fill Balance Waiver for Lot 8, Block 13, Vero Lake Estates Unit 2 - 8315 92nd Avenue (Tozzolo Brothers Construction) ... 15 72. Award Bid #5102 - Wellfield Rehabilitation Phase II at South County Water Treatment Plant - Layne Christensen Company - Camp Dresser & McKee,Inc.................................................15 7.A.A. Proclamation and Retirement Award on Retirement of Jo Anne Wicker From the Solid Waste Disposal District .............. 16 7.13.13. Proclamation Honoring Charles Hart for Outstanding Service on the Environmental Control Hearing Board I ........... 11...... . 16 7.C.C, Post Closing Occupancy Agreement - Thelma Spikes (Property at 2645 17th Avenue Purchased for the New County Adr..,iinistration Building Complex) 16 8.A, SHERIFF ROY RAYMOND - SCHEDULE MEETING DATE TO CONSIDER JAIL EXPANSION PROJECT ............................ 11 ........ 17 9.13.1. PUBLIC DISCUSSION ITEM - REQUEST FROM WILLIAM RIGBY OF CAPITAL SANITATION TO ADDRESS ISSUES CONCERNING THE "MODIFICATION OF NON-EXCLUSIVE FRANCHISE AGREEMENT PROGRAM".....................................................17 9.C. PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED FOR NOVEMBER 18, 2003 19 1. County Attorney desires an attorney-client session with the Board of County Commissioners regarding advice with respect to settlement negotiations or strategy sessions related to litigation expenditu es in the suit of Weller Pool Constructors v. Indian River County, 19th Judicial Circuit, Case No. 20030380-CA03 at 11:00 a.m. on Tuesday, November 18, 2003 in the County Administrator's Conference Room of the County r Administration Building, 1840 25th Street, Vero Beach, Florida. The estimated time of the attorney-client session is 30 minutes. Present at the meeting will be Commissioners Kenneth R. Macht, Caroline D. Ginn, Fran B. Adams, Thomas S. Lowther, and Arthur R. Neuberger. Alsc) present will be County Attorney William G. Collins II, County Administrator James E. Chandler, County outside counsel Michael H. Bowling, and a certified court reporter, 20 3 20 9.C.2. PUBLIC HEARINGS SCHEDULED FOR NOVEMBER 18, 2003 1111..... 9.C.2.a. St. Peters Missionary Baptist Church request for Special Exception Use Approval to expand a Charter School (Quasi -Judicial) ..... 20 9.C.2.b, Adrienne Dissis' request for abandonment of Short Street between 134`" Street and the Florida East Coast Railroad (Legis .ative) ... 20 9.C.2.c. (Not a public hearing but will involve public discussion) - Godfrey Appeal of Planning and Zoning Commission denial of a proposed sand mine operation at 991h Street and Babcock (Quasi -Judicial) 20 9.C.3, PUBLIC HEARINGS SCHEDULED FOR DECEMBER 2, 2003 1 1 . 1 1 ... 20 9.C.3.a, Smigiel Properties' request to rezone 135.77 acres loca�ed along the west side of 43" Avenue, north of 25`h Street SW and a -)proximately 608 feet south of 17th Street SW from A -I to RS -3 (Quasi-Judicial70 9.C.3.b. Sartor LLC's request to rezone 22.08 acres located on the south side of 12`h Street, approximately 430 feet east of 54`h Avenue from A -I to RS -3 (Quasi -Judicial) ... 1 . . ........... 1 . 1 . 1 ........... 21 9.C.3.c, Oslo Venture's request for a small scale land use amendment to swap the land use designation of .22 acres of land designated as CII, located at the northeast corner of 43`d Avenue and Oslo goad, with .22 acres of land designated as L-2, located 520 feet north of Oslo Road and east of 43" Avenue; and to rezone 2.99 acres located 38 feet north of Oslo Road and east of 43`d Avenue from CH to CG; and to rezone .22 acres of land located 520 feet north of Oslo Road from RM -3 to CG; and to rezone .22 acres located at the northeast corner of Oslo Road and 43`d Avenue from CH to RS -3 'Legislativl) 10.A. COLLECTIVE BARGAINING STRATEGY MEETING - TEAMST IRS LOCAL 769 - EMERGENCY MEDICAL SERVICES BATTALION CHIEFS ...............................................................21 I LA, RESOLUTION NO. 2003-140 - CONDEMNATION, DEMOLITION AND REMOVAL, OF UNSAFE STRUCTURES - HAROLD & CARRIE McKINNEY AND RICHARD SUTTON, 830 9th STREET SW; FRED & KATHEaINE WARNER, 890 9th S'T'REET S W (AZZ.IELEAN BROWNING, 890 Pith AVENUE SW - 60 DAYS TO PULL PERMIT & 90 DAYS TO DEMOLISH OR COUNTY DEMOLITION) ......................................... 22 M 11,13. 1, RENEWAL OF CLASS "E" CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR ASSOCIATION OF RETARDED CITIZENS (ARC) TO PROVIDE WHEELCHAIR SERVICES................................................24 ILIA. RESOLUTION NO. 2003-141 - JOINT PARTICIPATION AGREEMENT - FLORIDA DEPARTMENT OF TRANSPORTATION 4TH STREET WIDENING - US 1 TO WEST OF OLD DIXIE HIGHWAY ..... 1 . 1 24 1112, EXHIBIT PAVILION AT FAIRGROUNDS - HOBART PA3K - DESIGN/BUILD PROFESSIONAL SERVICE CONTRACT AMENDMENT NO. 5 - PCL CONSTRUCTION SERVICES 1 1 1 1 .... 25 11.J.1. 44TH STREET COMMUNITY WATER DISTRIBUTION SYSTEM - ACTIVATION OF WATER MAIN, FIRE HYDRANTS AND APPURTENANCES - GEORGE E. FRENCH, INC. 1. 11 1 .1.111.... 25 I I.J.2. NORTH COUNTY REVERSE OSMOSIS CONCENTRATE DISCHARGE PIPE RELOCATION - FINAL PAYMENT A114D CHANGE ORDER NO. 1 - TRI -SURE CORPORATION .. 11 1. 1.. 1. 26 11.J.3, SUBMITTAL OF GRANT APPLICATIONS TO DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE ST, JOHN'S RIVER WATER MANAGEMENT DISTRICT AND LEGISLATIVE DELEGATION - SEPTIC TANK REPLACEMENT PROJECT - FLORIDA RIDGE WATER SERVICE PROJECT, ORCHID ISLAND AND ORCHID ISLE ESTATES ............................... 26 I I .J.4. INDIAN RIVER PARK OF COMMERCE ALONG SR60 - WEST OF I- 95 - WATER AND SEWER MASTER -PLANNED MAIN EXTENSIONS FROM 98TH AVENUE TO 100TH AVENUE - GEORGE E. FRENCH - WORK AUTHORIZATION DIRECTIVE NO, 2001-075 1 ..... , .... 27 12.A. PUBLIC SCHOOL PLANNING - PLANNING AND ZONING COMMISSION - PROVIDE FOR SCHOOL BOARD REPRESENTATIVE - ADVER'T'ISEMENT FOR PUBLIC HEARING ON DECEMBER 2, 2003 AUTHORIZED TO CONSIDER AMENDING SECTION 103.03.1 OF THE CODE.. 1. 1 1. 1 .... 28 67 r�t 3 13.A.I . CHAIRMAN MACHT - DRAFT A RESOLUTION URGING THE STATE TO SUPPORT EXISTING FLORIDA WATER LAW AS IT RELATES TO THE SALE OR TRANSFER OF WATER ALLOCATION .......1.1.14 ...................... ........28 13.8.1. VICE CHAIRMAN GINN - RECOMMENDATION TO UPDATE IMPACT FEE SCHEDULE . 1 1. 1. 1 ...... . ......... 1 ........ 0 .. 29 13.B.2. VICE CHAIRMAN GINN - LAND ACQUISITION ADVISORY COMMITTEE, (LAAO) - REFERENDUM FOR THE ENVIRONMENTAL LANDS PROGRAM IN NOVEMBER 2404 TO INCLUDE THE PURCHASE OR TRANSFER OF DEVELOPMENT RIGHTS - TREASURE COAST REGIONAL PLANNING COUNCIL - REGIONAL RURAL LANDS SYMPOSIUM - DECEMBER 5, 2003 . 29 13.C.1. COMMISSIONER ADAMS - REPORT ON RECENT FLOR;DA HIGH SCHOOL ATHLETIC ASSOCIATION (FHSAA) SWIM MEET AT THE NORTH COUNTY AQUATIC CENTER - 10/30/03-11/01/03 32 13.C.2. COMMISSIONER ADAMS - BEACH EROSION REPORT ... 1.11.33 DOCUMENTS MADE PART OF THE RECORD ................... I ....... 1 34 OPTION AGREEMENT - LAAC PROPERTY - ORCA SOUTH LINK (ARENDAS)...............................................34 14.A. EMERGENCY SERVICES DISTRICT .................. 1. 1 1 1 ..11.11. 35 14.13. SOLID WASTE DISPOSAL DISTRICT ................. . ... . ........ 35 14.C. ENVIRONMENTAL CONTROL BOARD ............................ 35 0 November 4, 2003 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, November 4, 2003. Present were Kenneth R. Macht, Chairman; Caroline D. Ginn, Vice Chairman; Commissioners Fran B. Adams; Thomas S. Lowther; and Arthur R. Neuberger. Also present were Joseph A. Baird, Assistant County Administrator; William G. Collins II, County Attorney; Kimberly Massung, Executive Aide to tl: e Board; and Patricia Ridgely, Deputy Clerk. 1. CALL TO ORDER The Chairman called the meeting to order at 9:00 a.m. 2. INVOCATION Public Works Director James Davis delivered the invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Arthur R. Neuberger led the Pledge to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Macht announced the following additions to the agenda: 7.G. Additional Backup November 4, 2003 1 7.B.B. Proclamation Honoring Charles Hart for Outstanding Service on the Environmental Control Hearing Board 7.C.C. Post Closing Occupancy Agreement - Thelma Spikes 13.13.2. LAAC Referendum - Purchase or Transfer Development Rights. Chairman Macht announced the deletion of 14.B.1. SWDD minutes of 9/2/03 (previously approved) Commissioner Adams requested the addition of. 13.C.1. A Report on the Recent Swim Meet Held at the North Co anty Aquatic Center, and 13.C.2. Report on Beach Erosion by Coastal Resources Manager Jonathan C. Gorham, ON MOTION by Commissioner Neuberger, SECONDED BY Commissioner Lowther, the Board unanimously made the above changes to the agenda. 5. PROCLAMATIONS AND PRESENTATIONS 5.A. Proclamation Designating November 16. 2003 as Retired Educators Dav Vice Chairman Ginn read the proclamation and presented it to Judy Owens Voyles, Secretary of the Indian River County Chapter of Retired Educators, and Carolyn Dunn, Chairman of Community Service and Literacy, who accepted the proclamation with thanks. November 4, 2003 2 Ms. Dunn explained that the Chapter reported 26, 940 volunteer hours for last year about which they are very proud. The retired teachers throughout the state of Florida reported 1,139,555 volunteer hours for the last fiscal year. At $16.02 per hour, it represents $18,255,671; in essence, they had presented the State a check for that amount. 5.B. Proclamation Designating November 11. 2003 as Veterans Dav Chairman Macht read the proclamation which was accepted by John Michael Matthews, President of the Indian River County Veterans Council, and Joseph Martorano, the Public Relations Officer. Mr. Matthews thanked the Board on behalf of 18,500 veterans in Indian River County for the financial support of the County and invited everyone to the ceremonies on Memorial Island on November 11 t' Mr. Martorano presented a photograph of what he believed to be the "lost tree" of the Lost Tree Islands. (Photograph has been filed with the backup in the office of the Clerk to the Board.) 6.A. APPROVAL OF MINUTES - JULY 224 2003 The Chairman asked if there were any corrections or additions to the Minutes of the Special Meeting of July 22, 2003. There were none. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Lowther, the Board unanimously approved the minutes of July 22, 2003 as written and distributed. November 4, 2003 3 6.B. APPROVAL OF MINUTES - SEPTEMBER 16, 2003 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of September 16, 2003. There were none. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Lowther, the Board unanimously approved the minutes of September 16, 2003 as written and distributed. 6.C. APPROVAL OF MINUTES - SEPTEMBER 23.2003 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of September 23, 2003. There were none. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Lowther, the Board unanimously approved the minutes of September 23, 2003 as written and distributed. 7. CONSENT AGENDA Vice Chairman Ginn requested Item 7.8. be separated and Commissioner Adams requested Item 7.E. be separated for comments. 7.A. Report Placed on .File in the Office of the Clerk to the Board Sheriffs DUI Impoundment and Immobilization Trust Fund Report for the Fourth Quarter FY 2003 November 4, 2003 4 Annual Report for Court Costs for Court Facilities for FY Ending 09/30/03 Pursuant to FS 939.18 Z.B. Jeffrev K. Barton, Clerk of Court, Constitutional Officers Financial Report for FY Ending 09/30/03 - Reques by Vice Chairman Ginn for Recommendations for Landscapinr� or Health Department Buildinv Vice Chairman Ginn thought this return of funds was wonderful and asked that some of it be used for beautification of the landscaping at the Health Department. It should be done now and not wait for the new County Administration Building which is years off. She asked that staff come back with a recommendation. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Adams, the Board unanimously accepted the report and a check from the Clerk in the amount of $700,031.84 representing excess fees and unexpended funds and directed staff to come back with a recommendation for landscaping the Health Department building. November 4, 2003 5 7.C. Approval of Warrants ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the list of warrants issued by the Clerk for the period October 9-16, 2003, as requested. 7.D. Approval of Warrants ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the list of warrants issued by the Clerk for the period October 17-23, as requested. 7.E. Retirement Award Certificate and Recognition of Cardinal Simmons Commissioner Adams commented that Cardinal Simmons had been a wonderful asset to our County building. Many evenings when she was working late he had a gra.at smile and did a good job. ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously wished Cardinal Simmons well on his retirement and passed on a special "thank you" to him. (Retirement certificate entered into the record.) November 4, 2003 7.F. Appointment ofHelene Caseltine to the Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy Committee - Resignation of George Watson ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously acknowledged the appointment of Ilelene Caseltine to the Treasure Coast Regiona I Planning Council Comprehensive Economic Development Strategy Committee by Chairman Macht as set out in the memorandum. 7. G. Reorganization of Committee Membersfor the Building Board of Adiustments and At per the 2001 Florida Building Code. (Section 110.2.1) ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the reorganization of the Building Board of Adjustments and Appeals and appointed the following members as recommended by Wayne Russ, Building Division Director: Peter Robinson, Peter Clements, Leon Walton, Mark Dean, (David Stokes, Alternate), David Meeks (Ronnie Meeks, Alternate), Anthony Donadio, Dean Leuthje, Rev. Hugh King, and Gayle Lafferty. November 4, 2003 M. Out -of Country Travel for Commissioners and Staff to Attend NACO Legislative Conference in Washington. D. C. ON MOTION by Commissioner Adams, SECONDED BY Vic Chairman Ginn, the Board unanimously authorized travel to the NACO Legislative Conference on February 27- March 2, 2004 in Washington, D.C., as requested in the memorandum. 7.I. Resignation ofCharlesA. Hartfrom the Environmental Control Hearing Board (ECRB) ON MOTION by Commissioner Adams, SECONDED BY Vice Chainnan Ginn, the Board regretfully accepted the resignation of Charles A. Hart as the member -at -large of the ECRB. 7.1 Appointment of John Tschinkel as At -Large Memder of the Utility Advisory Committee ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously appointed John Tschinkel to the Utility Advisory Committee (filling vacancy created by departing Commissioner pursuant to Resolution No, 2003-134), as recommended in the memorandum (2-yearterm). November 4, 2403 0 7.K. Appointment ofDeborah J. Mir vfeld to Economic Development Council (EDC) ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously appointed Deborah J. Mayfield to the Economic Development Council (filling vacancy created by departing Commissioner pursuant tp Resolution No. 2003-127), as recommended in the memorandum (2 -year term). U. Treasure Coast Regional Planning Council (TCRPC) 2004 Appointments - Vice Chairman Ginn (Commissioncr Adams Alternate) and Commissioner Lowther (Commissioner Neuberger Alternate) ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously acknowledged the above appointments as specified by Chairman Macht in his memorandum. 7.M. Removal ofHilda Stringer from the Emergency Services District Advisory Committee (ESDAC) November 4, 2003 9 ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously removed Ms. Hilda Stringer from the ESDAC, as recommended in the memorandum. 7.N. Final Plat Approval for Applegate Subdivision - Requested by James Applegate ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously granted final plat approval for Applegate Subdivision, as recommended in the memorandum. 7.0. Indian River County Housing Rehabilitation Community Development Flock Grant (CDBG) for Gifford - Survev Services Agreement - LBFH, Inc. ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the surveyor firm contract and authorized the Chairman to execute the same with LBFH, Inc., as recommended in the memorandum. November 4, 2043 CDBG SURVEY SERVICES AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK. TO THE BOARD 10 7.P. Bid #5084 - Reiect and Rebid - Rotary Drum Thickener at the Central Regional Wastewater Treatment Facility (WWTF,I ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously rejected both bids received and authorized rebidding, as recommended in the memorandum. 7. . Tem_norary Water Service Agreement -Richard Vaeth 1467585th Street) ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the temporary water service agreement with Mr. Vaeth, as recommended in the memorandum. COPY OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.R. Temnorary Water Service Agreement - Makario and Natalva Henry (4220 47th Place) ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the temporary water service agreement with Makario and Natalya Henry, as November 4, 2003 11 water service agreement with Makario and Natalya Henry, as recommended in the memorandum. COPY OF AGREEMENT IS ON FILL IN THE OFFICE OF THE CLERK TO T14E BOARD 7.S. Temporary Fater Service Agreement - Glenn Campbell (8655 94th Avenue) ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the temporary water service agreement with Glenn Campbell, as recommended in the memorandum. COPY OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7. T. Andlineer v. Lost Tree Village Corporation - Acknow.fedgment and Stipulation of Boundary Line (City of Vero ..Beach and Town of. Indian River Shores) ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously authorized the Chairman to execute another Acknowledgment and Stipulation of Boundary Line, as recommended in the memorandum. COPY OF ACKNOWLEDGMENT AND STIPULATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD November 4, 2003 12 -.1 1-- lop j.1 a-' 7. U. Beach Restoration - Sectors I and 2 - Applied Technology & Management. Inc. - Release ofRetainage - ContractAmen�dment #S - Florida Department of Environmental Protection - Grant 98IR1, ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the release of retainage in the amount of $10,628.50 with funding from the Beach Preservation Fund, as recommended in the memorandum. This is eligible for cost-sharing with the Department of Environmental Protection under Grant Agreement 981R1. DOCUMENT WILL. BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WEIEN EXECUTED AND RECEIVED 7. V. Florida Department of Law Enforcement FY 200344 Byrne State and Local Law Enforcement Grant - Certificate ofAcceptance ofSubgrantAwardforthe SubstanceAbuseAdministration Grantl4, Prevent 4 Grant. and Multi Agency Drug Enforcement Unit]] Grant - Substance Abuse Council of Indian River Countv ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the Certificate of Acceptance of Subgrant Award for the Substance November 4, 2003 13 Chairman Ginn, the Board unanimously approved the Certificate of Acceptance of Subgrant Award for the Substance Abuse Administration Grant 14, in the amount of $16,175: the Certificate of Acceptance of Subgrant Award for the Prevent 4 Grant, in the amount of $53,131; the Certificate of Acceptance of Subgrant Award for the Multi -Agency Drug Enforcement Unit 11 Grant, in the amount of $92,451; and the two agreements between the Board of County Commissioners and the Substance Abuse Council of Indian River County, as recommended in the memorandum. ACCEPTANCE FORMS (3) AND AGREEMENTS (2) ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7. W. Resolution No. 2003439 - Dissolving Affordable Housing Advisory Committee - Public Hearing Scheduled to Repeal Code Section 308.07 ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously adopted Resolution No. 2003-139 disbanding the Affordable Housing Advisory Committee; and authorized advertisement for a public hearing on December 2, 2003 to repeal Code Section 308.07, "Creation of the Indian River County Affordable Housing Advisory Committee." November 4, 2003 7.X. North County Regional Park, Phase 2 - Utility Easements Deed and Use Agreement with the School Board o.,flndian River County - IRC Proiect No. 0399 ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the Utility Easements Deed and Use Agreement with the School Board of Indian River County and authorized the Chairman to execute same, as recommended in the memorandum. RECORDED UTILITY EASEMENTS DEED & USE AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7. Y. Floodplain Cut and Fill Balance Waiver for Lot 8. Block 13. Vero Lake Estates Unit 2 - 8315 92nd Avenue (Tozzolo Brothers Construction) ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously granted the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)4, as recommended in the memorandum. (Alternative No. 1) 7.Z. Award Bid #5102 - Wellrield Rehabilitation Phase If at South County Water TreatmentPlant-Layne Christensen Company- Camp Dresser & McKee. Inc. November 4, 2003 15 ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously awarded Bid #5102 to Layne Christensen Company in the amount of $558,764.55, as recommended in the memorandum. CONTRACT DOCUMENTS & SPECIFICATIONS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.A.A, Proclamation and Retirement Award on Retirement of Jo Anne Wicker From the .Solid Waste Disposal District Proclamation and certificate entered into the record. 7.B.B. Proclamation Honoring Charles Hart for Outstanding Service on the Environmental Control Hearing Board Proclamation entered into the record. 7. C. C. Post Closing Occupancy Agreement - Thelx�ia Spikes (Property at 2645 17th Avenue Purchased fob the New Countv Administration Building Complex) ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously authorized the County Attorney or his designee on behalf of Indian River County to execute the Post Closing Occupancy Agreement with Thelma Spikes, as recommended in the memorandum. November 4, 2003 16 UA AGREEMENT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE; BOARD WHEN EXECUTED AND RECEIVED 8.A. SHERIFF ROY RAYMOND - SCHEDULE MEETING DATE TO CONSIDER JAIL EXPANSION PROJECT. Capt. Bill McMullen, representing the Sheriff's office, asked the Bot.rd to schedule a meeting to consider expansion of the County's jail in order to move the process forward. Vice Chairman Ginn suggested a workshop be held and asked that average daily information on Federal prisoners be made available. She suggested that the Sheriff and staff should be prepared at the workshop to put forth their recommendations as to what we need. In response to Vice Chairman Ginn, Capt. McMullen advised that there is no requirement to incarcerate a certain number of Federal prisoners per day. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously scheduled a workshop on November 18, 2003, at 1:30 p.m., to consider all matters concerning the proposed expansion of the Indian River County Jail. 9.Bolo PUBLIC DISCUSSION ITEM — REQUEST FROM WILLIAM RIGBY OF CAPITAL SANITATION TO ADDRESS— ISSUES. CONCERNING THE "MODIFICATION OF NON—E)CLUSIVE. FRANCHISE AGREEMENT PROGRAM". Ardra Rigby, the Director of Operations for Capital Sanitation, advised that William November 4, 2003 17 [.�� Rigby could not be present due to a family emergency. He apprized the Board of his concerns regarding the County's policy on roll -off and commercial containers, He alleged that the franchise agreement has been contaminated and, in his opinion, should be voided. He thought there were inequities as to fees and use of the Landfill. He appreciated the County's efforts to correct this perceived unfairness, but it seemed that only certain companies are able to be providers under the County's policy. His company was told they could not provide containers for collection of over 15 cubic yards, yet other companies are providing containers for such collections. He asked that the Board provide clarification on the County's policy as it relates to collection of commercial, as well as construction and demolition (C & D) debris, so there is no misunderstanding. Chairman Macht asked staff to send a letter to Mr. Rigby and provide a copy to the Commissioners. Utilities Director Erik Olson explained that there are two groups of roll- off container providers. Waste Management and Treasure Coast Refuse have specific contracts to collect residential and commercial garbage and haul C & D containers over 15 cubit. yards, The Board granted other companies the ability to haul containers with less than 15 cubic yards, He pointed out that staff cannot control roll -off container collections in the incorporated areas of the county, just in the unincorporated areas. Staff has occasionally found instances where a roll -off container company comes to the Landfill with a container lerger than 15 cubic yards but is trying to close the door on those companies. He pointed out that it is important to understand the door is wide open for all small businesses with roll -off containers of less than 15 cubic yards to collect C & D debris. Chairman Macht noted that the units from the municipalities cannot be l�.ontrolled at the collection point but ought to be able to be controlled at the Landfill. Director Olson advised, in that instance, franchise fees can be charged because they November 4, 2003 18 do use our roads and rights-of-way, but we cannot preclude them from collecting in the incorporated areas. Staff was directed to write a memorandum responding to Mr. Rigby's questions with a copy to the Commissioners. Commissioner Neuberger wanted staff to include in their memorandum why the decision was made to cut-off at 15 cubic yards. 9.C. PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED FOR NOVEMBER 184 2003 1. County Attorney desires an attorney-clientsession with the Board of Countv Commissioners regarding advice with respect to settlement negotiations or strategy sessions related to litigation. expenditures in the suit of Weller Pool Constructors v. Indian River County, 19th Judicial Circuit, Case No. 20030380-CA03 at 11:00a.m.. on Tuesday. November 18, 2003 in the County Administrator's. Conference Room of the Countv Administration Building, 1840 25th. Street. Vero Beach. Florida. The estimated time of the attornev-client session is 30 minutes. Present at the meeting will be Commissioners Kenneth R. Macht. Caroline D. Ginn, Fran B. Adams. Thomas S.. Lowther. and Arthur R. Neuberger. Also present will be County _ Attorney William G. Collins II, County Administrator James E. Chandler. County outside counsel Michael H. Bowling,, and a November 4, 2003 19 �,f If certified court reporter, 9,C.2, PUBLIC HEARINGS SCHEDULED FOR NOVEMBER 18, 2003 9. C.2. a. St. Peters Missionary Baptist Church request for 9. C.2. b. 9. C.2. c. Special Exception Use Approval to expand a Charter School (Quasi -Judicial) Adrienne Dissis' request for abandonmept of Short Street between 134th Street and the Florida East Coast Railroad (Legislative) (Not a public hearing but will involve public discussion) - GodfrevAppeal ofPlanning a id Zoning Commission denial of a proposed sand mine operation at 99' Street and Babcock (Ouas -Judicial) 9,C,3. PUBLIC HEARINGS SCHEDULED FOR DECEMF ER 24 2003 9. C.3. a. Smigiel Properties' request to rezone 133.77 acres located along the west side of 43rd Avenue, north of 25' Street SW and approximately 608 feet south of 17th Street SW from A4 to RS -3 (Quasi4odicial) 9. C, 3. b. Sartor LLC's request to rezone 22.08 acres located on November 4, 2003 the south side of 12' Street. approximately 430 feet 20 east of 54'`1 Aven ue from A-1 to RS -3 (Quasi4tidicial) 9. C.3. c. Oslo Venture's request for a small scalt� land use. amendment to swap the land use designation of .22 acres of land designated as C/I, located at the northeast corner of 43rd Avenue and Oslo Road, with .22 acres of land designated as L-2, located 520feet north of Oslo Road and east of 43rd Aven,rie, and to. rezone 2.99 acres located 38jeet north of Oslo Road and east a o 43rd Avenue from CH to C : and to. f J rezone. 22 acres ofland located 520Jfeetnorth of Oslo Road from RW to CG; and to rezone .22 acres located at the northeast corner of Oslo Road and 43rd Avenue from CH to RS -3 (Legislative) Executive Aide Kimberly Massung read the above notices into the record. IO.A. COLLECTIVE BARGAINING STRATEGY MEETING TEAMSTERS LOCAL 769 - EMERGENCY MEDICAL. SERVICES BATTALION CHIEFS, Assistant Administrator Baird reminded the Commissioners they were scheduled to hold a Collective Bargaining Strategy meeting after this Commission meeting. The meeting will be held in Conference Room "B". November 4, 2003 ILA. RESOLUTION NO. 2003440 - CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFE STF�UCTURES. HAROLD & CARRIE McKINNEY AND (RICHARD, SUTTON, 830 9th STREET SW; FRED & KATHERINE, WARNER, 890 9th STREET S W (AZZIELEAN BROWNING, 890 8th AVENUE SW - 60 DAYS TO PULL PEI'MIT & 90, DAYS TO DEMOLISH OR COUNTY DEMOLITION) MOTION WAS MADE by Commissioner Adams, SECONDED BY Commissioner Lowther, to approve staff's recommendation. Azzielean Browning advised she was waiting for a decision SHIP financing so she could remodel her house. She could not understand why it was considered "un.safe" because no one lives there; she lives at her mother's. If she does not receive the SHIP funds and if it has to be demolished, she will try to get it torn down because she cannot afford to pay the County to tear it down. County Attorney Collins explained that in order to receive consideration for a SHIP loan she would have to be living in the house. Community Development Director Robert Keating was unsure as to the exact status of the SHIP loan, but one of the requirements is that a building inspector determine that rehabilitation is feasible. Building Division Director Wayne Russ advised that this structure has been in the condemnation process since early 2002. According to the field assessme.1t it is not economically feasible to rehabilitate it. The field ascertainment has been made and proper r notices were sent starting in 2002. The appeal process has expired without response from November 4, 2003 22 the owner. This house has gone through the whole condemnation process with all proper notifications and, in his professional opinion, it is not feasible to repair it. Commissioner Adams thought perhaps Ms. Browning was not receiving the notifications, but Director Russ specified that she was the owner when the ?rocess began and she was sent the notices. In response to Ms. Browning's inquiry, Director Keating advised that she could not put a double -wide mobile home on that lot but could put a modular home there. Chairman Macht suggested Ms. Browning tear the house down and get a mortgage to build a new place. In response to Chairman Macht's inquiry, Emergency Services Director John King advised it would not be possible to burn it down as a training exercise because the Environmental Protection Agency (EPA) requirements actually would cost the property owner more than demolition. MOTION WAS AMENDED by Commissioner Adams, SECONDED by Commissioner Lowther, to approve staff s recommendation with the exception of the Browning residence and that Ms. Browning be given 60 days to pull a permit to demolish the structure and 90 days to have it demolished. If that is not done, the County will demolish it and lien the property for costs. THE CHAIRMAN CALLED THE QUESTION and the amended motion carried unanimously. (Resolution No. 2003- 140 adopted providing for the demolition of unsafe structures November 4, 2003 23 Jy and the recovery of costs and temporarily deleting the Azzieleari Browning property at 890 8" Avenue S.W. ) 11.B.1. RENEWAL OF CLASS "E" CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR ASSOCIATION OF RETARDED CITIZENS (ARC) TO PROVIDE WHEELCHAIR SERVICES ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved renewal of the expired Class "E" Certificate of Public Convenience and Necessity for Association for Retarded Citizens of Indian River County to be effective for a period of two (2) years, as recommended in the memorandum, COPY OF CERTIFICATE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.1.1. RESOLUTION NO, 2003-141 - JOINT PARTICIPATION AGREEMENT - FLORIDA DEPARTMENT OF TRANSP0:2TATION 4TH STREET WIDENING - US 1 TO WEST OF OLD DIXIE HIGHWAY ON MOTION by Commissioner Adams, SECONDED BY Vice Chainnan Ginn, the Board unanimously adopted Resolution No. 2003-141 authorizing execution of a joint participation agreement (with State ofFlorida, Department of Transportation) for reconstruction of US# I from South Relief Canal to north of Indian River Boulevard. November 4, 2003 24 JOINT PARTICIPATION AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.L2. EXHIBIT PAVILION AT FAIRGROUNDS - HOBART PARK DESIGN/BUILD PROFESSIONAL SERVICE CONTRACT AMENDMENT NO, 5 - PCL CONSTRUCTION SERVICES ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved Amendment No. 5 to the contract with PCL Construction Services and authorized the Chairman to execute same, as recommended in the memorandum. (Funding from 10 Local Option Sales Tax Contingency Fund.) AMENDMENT NO. 5 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.1. 44TH STREET COMMUNITY WATER DISTRIBUTION. SYSTEM - ACTIVATION OF WATER MAIN, FIRE HYDRANTS AND APPURTENANCES - GEORGE E. FRENCH, INC. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Lowther, the Board unanimously approved the expenditure of funds in the amount of $24,082.70 for this project and authorized the Chairman to execute Work Authorization No. 2001-71 in the amount of $18,042.15 to George E. French, Inc. for the labor portion of the project, as recommended in the memorandum. November 4, 2003 WORK AUTHORIZATION DIRECTIVE NO. 2001-071 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 25 11.12. NORTH COUNTY REVERSE OSMOSIS CONCENTRATE DISCHARGE PIPE RELOCATION — FINAL PAYMENT AND CHANGE ORDER NO. 1 — TRI—SURE CORPORATION ON MOTION by Commissioner Lowther, SECONDED BY Vice Chairman Ginn, the Board unanimously approved Change Order No. 1 and final payment in the amount of $117,081.70 to Tri -Sure Corporation, as recommended in the memorandum. CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 111all SUBMITTAL OF GRANT APPLICATIC NS TO DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT AND LEGISLATIVE DELEGATION — SEPTIC TANK REPLACEMENT PROJECT — FLORIDA RIDGE WATER SERVICE PROJECT, ORCHID ISLAND AND ORCHID ISLE ESTATES MOTION WAS MADE by Vice Chairman Ginn, SECONDED BY Commissioner Lowther, to approve staff's recommendation. Commissioner Neuberger suggested some public comment on this matter for those who might be interested. Utilities Director Erik Olson reviewed the memorandum advising that staff is submitting a grant application to pay 100% for a sewer line because the costs per household turned out to be unrealistically high for individual homeowners. He had promised to work with the Department of Environmental Protection to determine the need and develop a November 4, 2003 26 Lj i means of obtaining grant funding. The matter is on the legislative agenda For tomorrow advising them that this application will be submitted for a grant providing the Board approves the action at this meeting. He noted that the prior item (I I.J.2.) on the brine line was funded 100% by the State Legislature, THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. (Approved submitting a funding request to the local Legislative Delegation with additional funding requests to the Department of Environmental Protection and St. John's River Water Management District.) 11.J.4. INDIAN RIVER PARK OF COMMERCE ALONG SR60 - WEST OF I-95 - WATER AND SEWER MASTER -PLANNED MAIN EXTENSIONS FROM 98TH AVENUE TO 100TH AVENUE - GEORGE E. FRENCH - WORK AUTHORIZATION DIRECTIVE NO, 2001-075 ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the expenditure of funds for this project in the total estimated amount of $210,000 and authorized the Chairman to execute Work Authorization No. 2001-75 in the amount of $108,277.73 to George E. French, Inc., for the labor portion of the project, as recommended in the memorandum. November 4, 2003 WORK AUTHORIZATION NO. 2001-075 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 27 I ,s 12.A. PUBLIC SCHOOL PLANNING - PLANNING AND ZONING COMMISSION - PROVIDE FOR SCHOOL BOARD REPRESENTATIVE ADVERTISEMENT FOR PUBLIC HEARING ON D ;CEMBER 2, 2003 AUTHORIZED TO CONSIDER AMENDING SECTION 103.03.1 OF THE CODE County Attorney Collins reviewed his memo to request a public hearing and responded to Vice Chairman Ginn's inquiry as to this being required by Stale law. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously authorized the advertisement for a public hearing on December 2, 2003, of an ordinance to amend Section 103.03.1 to add a School Board representative as a non-voting member of the Planning and Zoning Commission, as recommended in the memorandum. 13.A.I. CHAIRMAN MACHT - DRAFT A RESOLUTION URGING THE STATE TO SUPPORT EXISTING FLORIDA WATER L., AW AS IT RELATES TO THE SALE OR TRANSFER OF WATER ALLOCATION Chairman Macht reviewed his request in his memorandum. ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously directed the County Attorney to prepare a resolution (similar to the one from Broward County) urging the Governor and the Florida Legislature to support existing Florida water law as it relates to the sale or transfer of water allocation. November 4, 2003 28 13.B.1. VICE CHAIRMAN GINN - UPDATE IMPACT FEE SCHEDULE RECOMMENDATION TO Vice Chairman Ginn asked that staff be requested to update the 2002 Impact Fee Schedule. She referred to the current schedule in the backup and pointed out that currently our only impact fee is for roads as compared to neighboring counties which also charge impact fees for other services. There was CONSENSUS to direct staff to update the impact fee schedule and bring it back for the consideration of the Board of County Commissioners. 13.13.2. VICE CHAIRMAN GINN - LAND ACC UISITION ADVISORY COMMITTEE (LAAC) -REFERENDUM TOR THE ENVIRONMENTAL LANDS PROGRAM IN NOVEMBE 2004 TO INCLUDE THE PURCHASE OR TRANSFER OF DEVELOPMENT RIGHTS -TREASURE COAST REGIONAL PLANNING COUNCIL - REGIONAL RURAL LANDS SYMPOSIUM -DECEMBER , 2003 Vice Chairman Ginn advised that at LAAC's October 28" meeting, they voted to respectfully recommend that the Board of County Commissioners go forward with calling a referendum for the environmental lands program on the November 2004 ballet and include the purchase or transfer of development rights. She thought this needed to be "workshopped" because there are so many facets to be addressed. Commissioner Adams inquired what Vice Chairman Ginn envisioned with the transfer of development rights. Vice Chairman Ginn saw a need for more knowledge about th a. transfer of development rights. She urged her colleagues to attend the Treasure Coast Regional Planning Council's Regional Rural Lands Symposium on December 5th to get a deeper November 4, 2003 29 b understanding of this complicated initiative and hear what has been done in Lancaster County, Pennsylvania, and in Collier County, Florida. Community Development Director Robert Keating advised that Roland DeBlois is the chief staff person for the LAAC. He and Mr. DeBlois both think it is aapropriate for LAAC to take the lead, hold a workshop, and come back to the Commission with a comprehensive recommendation on how to proceed. Chairman Macht agreed that LAAC should meet to structure the steps to be taken and then come to the Board with a proposal. Commissioner Neuberger inquired if there is a proposed dollar figure on the purchase or transfer of development rights. Environmental & Code Enforcement Chief DeBlois explained that technically the transfer of development rights is a land use issue which is a bigger Comprehensive Plan issue. The purchase of development rights is an acquisition issue, which is essentially buying conservation easements short of fee simple acquisition and which is s :)mething we actually can do currently with the bond funds. Conditions have been such thai we have not made a purchase of a conservation easement, but there has been emphasis on that approach as perhaps being more successful in some of the bigger land acquisition areae. Commissioner Neuberger asked if it would be the same dollars for both programs. Mr. DeBlois explained that typically the County has had acquisition -of -property - target -lists since the program began. The dollars necessary to purchase have Exceeded the funds available because it is a "willing seller" program. There is currently a list of properties that totals well over what we would expect to fund through a referendum. It is rally a fiscal matter of what the whole Commission can support. Chairman Macht inquired about the status of the Canty property (a.k.a. Indian River Farms LAAC Site) in south county that really should be acquired to maintain the river edge November 4, 2003 30 hill Je as a re -charge area. Director Keating noted that the Canty property is still in the foreclosure process and we are awaiting the decision of the Court. Chairman Macht thought it important to acquire that property by whatever means we can. He was pleased LAAC recommended moving forward for the benefit environment but also aesthetic relief from the pressures of development. Discussion ensued on the transfer of development rights. Kudos we staff and LAAC for their past acquisition expertise and efforts. Jim Granse, 36 Pine Arbor Lane, noted that the $26 million approve referendum is still not fully spent. He was opposed to additional millions referendum. He stated that it is typical of what is going on in this count understood the sales tax for the next 5 years has already been spent. Then h 90% of the land purchased has State attachments and we cannot make a move not only the extended to in the 1992 der another and he also asserted that til the State okays it. The average person in the county has no idea what is being done w lth the money. Commissioner Neuberger pointed out that last year the LAAC put toget her a brochure telling what properties had been purchased. Dr. Richard Baker, LAAC chairman, noted that Mr. Granse (a member of LAAC) voted against the recommendation along with one other member. He estimated that for our $26 million we purchased approximately $50 million dollars in property by partnering with the State. Practically every purchase has been a 1 -to -1 match by the State. He recounted that Mr. DeBlois made a great presentation at the last meeting about what other counties are doing. He presented the dollar amounts other counties in Florida are requesting which are much higher than our $26 million. He stated there is $3 billion dollars available in the Florida Forever Program that will be spent in the next 10 years. He thought we needed to move quickly to compete with our neighboring counties and tap into that Stage money. He November 4, 2003 31 pointed out that buying land now is less expensive than it will be later on. Assistant Administrator Baird clarified that the optional sales tax funds have not yet been spent. The Board has only proposed how they want to use that money in the next 5 years. Vice Chairman Ginn brought out that a proposed spending plan has been done every 5 years at a public hearing in order to keep the public informed. Chairman Macht thought what the LAAC has done and what the bonds have made possible is very significant. He noted that the western shore of the Indian River Lagoon from the Vero Beach city limits to the south county line is almost completely under :.ontrol by the County or other government agencies. No development will occur on those riparian lands and they comprise an important recharge area. Also, the several miles of shoreline of the Lost Tree Islands will not pollute the river by run-off. Vice Chairman Ginn noted that Conservation Land Manager Beth Powell is putting together a plan for how certain parcels can be used. Many people have not gone out to see our conservation properties. She will try to get a brochure together to keep the public informed. 13.0.1. COMMISSIONER ADAMS - REPORT ON RECENT, FLORIDA HIGH SCHOOL ATHLETIC ASSOCIATION (FHSAA) SWIM MEET AT THE NORTH COUNTY AOUATIC CENTER - 10/30/03- 11/01/03 Commissioner Adams commented on the recent swim meet held at the North County Aquatic Center. She congratulated Recreation Director Cliff Crawford and Superintendent of Parks Jim Romanek on their organization of the event and all the others who assisted. It was incredible at 8 a.m. to see 4,000 people at our beautiful facility. The swimming and November 4, 2003 32 diving talent was outstanding. It was a resounding success and they want to came back next year. She felt that excitement for our pool will evolve as a result of this swim meet. Vice Chairman Ginn agreed it was very well organized and it was amazing how the children responded to the instructions of the announcer. Chairman Macht remarked on the number of kids there with no problems. Our staff had never before undertaken an event of this magnitude and they were way ahead all the way. Assistant Administrator Baird pointed out there were a lot of voluntecrs, too. Renee Renzi, 340-A Waverly Place, advised she was there, was very impressed and very proud. She was surprised to learn from the newspaper that parents of the athletes complained they had to go all the way to Ft. Pierce for motel rooms. She thought there were plenty of rooms in Vero Beach and Sebastian, more than in Ft. Pierce. She was surprised to learn from Commissioner Adams and others that all our motels were full. 13.Cel COMMISSIONER ADAMS — BEACH EROSION -.REPORT Coastal Resource Manager Jonathan C. Gorham advised that we had 3 days of high winds and rough surf over the weekend. He took a field trip on Monday and found moderate acute beach erosion at a number of sites around the county's beaches. Beach widths were reduced a number of feet and berm elevations were down 2-3 feet in some areas and particularly dramatic at Golden Sands and Treasure Shores Parks. As with all events of this nature, he expected significant natural recovery in the next few weeks with more favorable winds and swell directions which will push a lot of that sand back on the upper beach. Sectors 1 and 2 performed as expected with a few feet loss of berm wide hs and some 3-4 foot storm escarpments in that project area. He displayed photographs of escarpments November 4, 2003 33 which he advised are temporary in nature. Escarpments have formed and d1wpeared in the project area since it was constructed. He displayed a photo of Ambersand Beach which showed a3-4 foot escarpment which he compared to photos of the same area b More the sand replacement project which showed 6-7 foot escarpments. Ills point was that escarpment formations are a natural response of the beach to storm events and are not an unusual or unnatural occurrence. He found no evidence of property damage. The crossover at Golden Sands was unusable because of a drop-off. Humiston Beach and Sexton Plaza looked pretty good and there was no undermining of the Boardwalk. Conn Beach looked remarkably well. Commissioner Lowther had gone to Ambersand Beach and observed there was still a lot of beach; he thought it truly tremendous as it stood up to a lot of wind and a lot of waves. Vice Chairman Ginn commented on the natural occurrence of escarpments. DOCUMENTS MADE PART OF THE RECORD OPTION AGREEMENT - LAAC PROPERTY - ORCJ SOUTH LINK (ARENDAS) Option agreement (copy) has been placed on file in the office of the (Clerk to the Board with a copy of the Memorandum dated November b, 2003. The signature of the Chairman was authorized by Resolution No. 1996-15. A public hearing of t e Board of County Commissioners will be scheduled to consider the purchase of this pro perty. November 4, 2003 34 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. 14.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment of tie Emergency Services District, the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. 14.C. ENVIRONMENTAL CONTROL BOARD None. ALI. BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE. IN THE OFFICE OF THE CLERK TO THF, BOARD AND ARI" HEREBY MADE A PART OF THESE MINUTES November 4, 2003 35 There being no further business, upon motion duly- made and secondee, the Chairman adjourned the meeting at] 0:2? a.m. ATTEST: � s� N Jeffrey K. Barton, Clerk Minutes approved41AN 13 2004 November 4, 2003 �'-,iaauuiali 36r