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Home My WebLink About12/10/2002MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA TUESDAY, DECEMBER 10, 2002 - 9:00 A.M. County Commission Chamber County Administration Building 1840 25th Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS Kenneth R. Macht, Acting Chaiiinan Caroline D. Ginn, Acting Vice Chaiitnan Fran B. Adams Thomas S. Lowther Arthur R. Neuberger District 3 District 5 District 1 District 4 District 2 James E Chandler, County Administrator Paul G. Bangel, County Attorney Kimberly Massung, Executive Aide to BCC Jeffrey K. Barton, Clerk to the Board 9:00 a.m. 1. CALL TO ORDER BACKUP PAGES INVOCATION June Flack, First Church of Christ, Scientist PLEDGE OF ALLEGIANCE Comm. Kenneth R. Macht ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS ADDITIONS: 13.B.3. Red Tide DELETED: 9.C.1.c. Hearing Notice on LDR Amendment Regarding Retreats and PROCLAMATION and PRESENTATIONS None APPROVAL OF MINUTES A. Regular Meeting of November 5, 2002 CONSENT AGENDA A. Received and placed on file in office of Clerk to the Board: St. Johns River Water Management District Year 2003 Governing Board Meeting Schedule CONSENT AGENDA (cont'd.): B. Approval of Warrants (memorandum dated November 27, 2002) BACKUP PAGES Budget Amendment for 2002 Local Law Enforce- ment Block Grant (letter dated November 26, 2002) Payments to Vendors of Court Related Costs (memorandum dated November 27, 2002) Out -of -County travel for Commissioners Lowther and Neuberger to attend the Florida Counties Foundation 2003 New Commissioners Workshop, January, 2004 (memorandum dated December 4, 2002) Appointment to the Indian River County Sheriff's Alarm Review Board (memorandum dated December 4, 2002) Request for extension of time for submittal of recommendations regarding water quality programs and the issue of a water quality agent position (memorandum dated December 4, 2002) Choose Life license plate funding annual audit (memorandum dated December 4, 2002) Appraisals for new administration building property (memorandum dated December 3, 2002) Indeco, Inc.'s Request for Extension of Site Plan Approval for an 18 -Hole Championship Golf Course to be known as Falcon Trace (memorandum dated December 4, 2002) Village Walk South L L C Request for Final Plat Approval for Village Walk South Subdivision (memorandum dated December 2, 2002) z}: 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9. PUBLIC ITEMS A. PUBLIC HEARINGS AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE BOUNDARY OF LAURELWOOD STREET LIGHTING DISTRICT TO LESS OUT PROPERTY PLATTED AS LAUREL POINTE SUBDIVISION; PROVIDING FOR CODI- FICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE (memorandum dated December 4, 2002) B. PUBLIC DISCUSSION ITEMS 1. Request from Sidney W. Turner to comment regarding the behavior of Commissioners (letter dated November 27, 2002) 2. Request from Fred Mensing to speak Re: Suit - IRC vs Mensing (memorandum dated December 3, 2002) C. PUBLIC NOTICE ITEMS 1. Scheduled for Public Hearing December 17, 2002: a) County initiated request to update the Capital Improvements and Transportation elements of the comprehensive plan (Legislative) b) Frank Catala's request for abandonment of the portion of 78th Court between 133rd Place and 134th Street (Legislative) c) Request to amend LDR section 901.03, Definitions, and section 971.40(11), Specific Land Use Criteria for "retreats and camps" (Legislative) d) Request for authorization to submit a FY 2002/03 Grant Application for 49 USC Ch. 53, Section 5307 Mass Transit Capital and Operating Assistance Funds (Legislative) (memorandum dated December 4, 2002) 10. COUNTY ADMINISTRATOR'S MATTERS Lost Tree Islands Interlocal Agreement and Contract (memorandum dated December 5, 2002) 3 s BACKUP PAGES 68-74 75 76 77 78-124 11. DEPARTMENTAL MATTERS A. Community Development None Emergency Services None General Services None Leisure Services None BACKUP PAGES Office of Management and Budget None Human Resources None Public Works 1. Land Purchase for Barber Street Right -of -Way Sebastian Highlands Lot — Oslo Trade Center, Inc (memorandum dated November 25, 2002) 125-133 Wabasso Beach Restoration (memorandum dated December 2, 2002) 134-156 Oslo and 43rd Avenue Intersection Improvements Vero Beach, LLC Developer's Agreement (memorandum dated December 2, 2002) Utilities 1. Resolution designating the 55 -acre of South Gifford Landfill a Brownfield site (memorandum dated November 25, 2002) Human Services None 157-167 168-190 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Commissioner Kenneth R. Macht, Acting Chairman BACKUP PAGES Commissioner Caroline D. Ginn. Acting Vice Chairman 1. Press Journal Editorial Cartoon 12-1-02 St. Peter's Baptist Church/Charter School Revisit of the Requested LDR Amendment (memorandum dated December 4, 2002) Commissioner Fran B. Adams 192-198 Commissioner Thomas S. Lowther Commissioner Arthur R. Neuberger 14. SPECIAL DISTRICTS/BOARDS A. Emergency Services District None Solid Waste Disposal District 1. Approval of Minutes — meeting of 11/12/02 2. Approval of Minutes — meeting of 11/19/02 IRC Bid #5026 Annual Bid for Janitorial Services for Landfill Administration Building (memorandum dated November 26, 2002) Environmental Control Board None 15. ADJOURNMENT 199-218 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://www.ircgov.com Full agenda back-up material is available for review in the Board of County Commission Office, Indian River County Main Library, IRC Courthouse Law Library, and North County Library 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. 6 • • INDEX TO MINUTES BOARD OF COUNTY COMMISSIONERS MEETING OF DECEMBER 10, 2002 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE -1- 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS -1- 5. PROCLAMATIONS AND PRESENTATIONS -2- 6.A. APPROVAL OF MINUTES -NOVEMBER 5, 2002 -2- - 1- - 1- 7. CONSENT AGENDA -2- 7.A. Reports -2- 7 B Approval of Warrants -2- 7.C. Sheriff - Budget Amendment for 2002 Local Law Enforcement Block Grant - Special Law Enforcement Fund - Bureau of Justice Assistance -3- 7.D. Payments to Vendors of Court Related Costs -3- 7 E Out -of -County Travel for Commissioners Lowther and Neuberger to Attend the Florida Counties Foundation 2003 New Commissioners Workshop -3- 7.F. Indian River County Sheriff's Alarm Review Board - Appointment of Richard Terry (to Fill Vacated Seat Due to the Death of Ernie Polverari) -4- 7.G. Extension of Time for Submittal of Recommendations Regarding Water Quality Programs and the Issue of Water Quality Agent Position -4- 7.H. Choose Life License Plate Funding Annual Audit -5- 7.1. Appraisals for New Administration Building Properties under Consideration for Acquisition - Armfield-Wagner Appraisal & Research, Inc. -5- i\e • -1- .... . t 'a : i r.f - - 71. Falcon Trace - Extension of Site Plan Approval for an 18 -Hole Championship Golf Course - Requested by Indeco, Inc. -6- 7.K. Village Walk South Subdivision - Final Plat Approval Requested by Village Walk South L L C - Contract for Construction and Cash Deposit and Escrow Agreement -6- 9.A.1. PUBLIC HEARING - ORDINANCE NO. 2002-033 - BOUNDARY OF LAURELWOOD STREET LIGHTING DISTRICT AMENDED (LAUREL POINTE SUBDIVISION) -6- 9 B 1 PUBLIC DISCUSSION ITEM - SIDNEY W. TURNER - COMMENT REGARDING BEHAVIOR OF COMMISSIONERS -7- 9.B.2. PUBLIC DISCUSSION ITEM - FRED MENSING RE LAWSUIT - INDIAN RIVER COUNTY vs MENSING -8- 9.C.1. PUBLIC NOTICE ITEM - PUBLIC HEARINGS SCHEDULED FOR DECEMBER 17, 2002 (a) COUNTY -INITIATED REQUEST TO UPDATE THE CAPITAL IMPROVEMENTS AND TRANSPORTATION ELEMENTS OF THE COMPREHENSIVE PLAN (Legislative); (b) FRANK CATALA'S REQUEST FOR ABANDONMENT OF THE PORTION OF 78TH COURT BETWEEN 133RD PLACE AND 134TH STREET (Legislative) (c) RLQUE� 971.40(11), SPECIFIC LAND USE CRITERIA FOR "RETREATS AND CAMPS" (Legislative); (d) REQUEST FOR AUTHORIZATION TO SUBMIT A FY 2002/03 GRANT APPLICATION FOR 49 USC CH. 53, SECTION 5307, MASS TRANSIT CAPITAL AND OPERATING ASSISTANCE FUNDS (Legislative) -9- 10.A. LOST TREE ISLANDS - CONTRACT FOR BARGAIN SALE OF REAL ESTATE - INTERLOCAL AGREEMENT - CITY OF VERO BEACH - TOWN OF INDIAN RIVER SHORES -9- 11.0.1. LAND PURCHASE FOR BARBER STREET RIGHT-OF-WAY - SEBASTIAN HIGHLANDS LOT - OSLO TRADE CENTER, INC. (RE- ROUTING OF BARBER STREET) -10- -2- • 11.G.2. 11.G.3. • WABASSO BEACH RESTORATION PRESERVATION PLAN - SECTOR 3 SEA OAKS, BAYTREE, MARBRISA 031R1 • - SEAGRAPE TRAIL - BEACH - SUMMERPLACE, DISNEY, - FDEP CONTRACT NO. -10- OSLO ROAD AND 43RD AVENUE INTERSECTION IMPROVEMENTS - DEVELOPER S AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS - NAP OSLO 43 LLC, A FLORIDA LIMITED LIABILITY CORPORATION -11- 11.H.1. RESOLUTION NO. 2002-110 - DESIGNATING THE 55 -ACRE SOUTH GIFFORD LANDFILL A BROWNFIELD SITE -11- 13 B 1 ACTING VICE CHAIRMAN GIFT - PRESS JOURNAL EDITORIAL CARTOON 12-1-02 - (INTERSECTION AT 5TH STREET S.W. AT 27TH AVENUE) -13- 13.B.2. ACTING VICE CHAIRMAN GINN - ST PETER'S BAPTIST CHURCH/CHARTER SCHOOL - REVISIT OF THE REQUESTED LDR AMENDMENT -13- 13 B 3 ACTING VICE CHAIRMAN GINN - COMMENT ON THE RED TIDE -14- 14.B. SOLID WASTE DISPOSAL DISTRICT -14- -3- ;/ 1 • • • December 10, 2002 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, December 10, 2002. Present were Kenneth R. Macht, Acting Chairman; Caroline D. Ginn, Acting Vice Chairman; and 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. INVOCATION June Flack, First Church of Christ, Scientist, delivered the invocation. 3. PLEDGE OF ALLEGIANCE Chairman Kenneth R. Macht led the Pledge to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Acting Vice Chairman Ginn requested the addition of Item 13 B 3 concerning the Red Tide. Acting Chairman Macht announced the deletion of Item. 9.C.1.(c). December 10, 2002 -1- 1 • • ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously made the above changes to the agenda. PROCLAMATIONS AND PRESENTATIONS None. 6.A. APPROVAL OF MINUTES -NOVEMBER 5, 2002 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of November 5, 2002. There were none. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously approved the minutes of November 5, 2002, as written and distributed. 7. CONSENT AGENDA 7.A. Reports The following report was received and placed on file in the Office of the Clerk to the Board' St. Johns River Water Management District - Year 2003 Governing Board Meeting Schedule. 7.B. Approval of Warrants ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously approved December 10, 2002 • • the list of warrants issued by the Clerk for the period November 22-27, 2002, as requested. 7. C. Sheriff - Budget Amendment for 2002 Local Law Enforcement Block Grant - Special Law Enforcement Fund - Bureau of Justice Assistance ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously approved the request for a budget amendment, as requested in the Memorandum. 7.D. Payments to Vendors of Court Related Costs NO ACTION REQUIRED OR TAKEN. 7.E. Out -of -County Travel for Commissioners Lowther and Neuberger to Attend the Florida Counties Foundation 2003 New Commissioners Workshop ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously approved the request to attend the Florida Counties Foundation 2003 New Commissioners Workshop being held January 24, 2003, in Orlando. December 10, 2002 -3- uIt • • Orlando. 7.F. Indian River County Sheriff's Alarm Review Board - Appointment of Richard Terry (to Fill Vacated Seat Due to the Death of Ernie Polverari) ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously appointed Richard Terry to fill the vacancy on the Alarm Review Board, as requested. 7.G. Extension of Time for Submittal of Recommendations Regarding Water Quality Programs and the Issue of Water Quality Agent Position ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously authorized the Indian River County Extension Services Ad Hoc Committee to continue to meet and granted their request for a date of January 29, 2003 for the submittal of their recommendations as called for in Resolution No. 2002-093; agreed to not dissolve the committee until after January 29, 2003; authorized the Chairman to send a letter to Dr. Christine Waddill acknowledging her letter of October 28, 2002, requesting that the position be held open until February 15, 2003; and supported the position of Dr Mike Martin with IFAS (Institute December 10, 2002 -4- • • of Foods and Agricultural Science, University of Florida Extension Services) relative to various refinements of the IFAS program, as recommended in the memorandum. 7.H. Choose Life License Plate Funding Annual Audit ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously approved the annual Choose Life Specialty License Plate Report and authorized the Chairman to sign the Report and transmit it to the Department of Highway Safety and Motor Vehicles, as recommended in the memorandum. COPY OF REPORT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.1. Appraisals for New Administration Building Properties under Consideration for Acquisition - Armfield-Wagner Appraisal & Research, Inc. ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously approved the submittal by Armfield-Wagner for the quoted amount of $7,900 to perform the requested appraisals of the five properties being considered for acquisition for the location of the new County Administration Building. • December 10, 2002 -5- 7 7.J. Falcon Trace - Extension of Site Plan Approval for an 18 -Hole Championship Golf Course - Requested by Indeco, Inc. ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously approved the request of Indeco, Inc. for a one-year extension of the conditional site plan approval with all original approval conditions to remain in effect, as recommended in the memorandum. New site plan approval expiration date will be December 11, 2003. 7.K. Village Walk South Subdivision - Final Plat Approval Requested by Village Walk South L.L. C. - Contract for Construction and Cash Deposit and Escrow Agreement ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously granted final plat approval for Village Walk South and authorized the Chairman to execute a Contract for Construction and accepted the Cash Deposit and Escrow Agreement, as recommended in the memorandum. 9.A.1. PUBLIC HEARING - ORDINANCE NO. 2002-033 - BOUNDARY OF LAURELWOOD STREET LIGHTING DISTRICT AMENDED (LAUREL POINTE SUBDIVISION) December 10, 2002 -6- i\7 U 1' � 1 • • PROOF OF PUBLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Deputy County Attorney Collins reviewed a memorandum of December 4, 2002 using visual aids. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Brian Heady of Vero Beach inquired as to the amount of the refund, and Deputy County Attorney Collins estimated the refund would be a total of $1,512.00. It was determined that no one else wished to be heard and the Chairman closed the public hearing. ON MOTION by Acting Vice Chairman Ginn, SECONDED BY Commissioner Adams, the Board unanimously adopted Ordinance No. 2002-033 amending the boundary of Laurelwood Street Lighting District to less out property platted as Laurel Pointe Subdivision; providing for codification; providing for severability; and providing for an effective date, as recommended by staff 9.B.1. PUBLIC DISCUSSION ITEM - SIDNEY W. TURNER - COMMENT REGARDING BEHAVIOR OF COMMISSIONERS Sidney Turner, 8775 20th Street, agreed with a recent Press Journal editorial that new Commissioners were not elected to please or appease the other sitting Commissioners. He December 10, 2002 -7- 73 • asserted the new Commissioners' concerns should have been heard at the first meeting they attended and that the issues they raised at the meeting of November 19, 2002 need to be taken care of as soon as possible, not delayed for six months. Last week's meeting went more smoothly and if this was fence -mending then the many proposed projects will be accomplished and the residents of Indian River County will be benefitted. 9.B.2. PUBLIC DISCUSSION ITEM - FRED MENSING RE LAWSUIT - INDIAN RIVER COUNTY vs MENSING Acting Chairman Macht cautioned that it is inappropriate for the Commissioners to discuss this issue due to a pending lawsuit. Fred Mensing advised he was present to inform the new Commissioners of pending litigation and requested a closed door meeting be set up with him, the Commissioners, and the respective attorneys to work toward a settlement of the entire matter. County Attorney Paul Bangel advised that such a meeting is prohibited by the Sunshine Law. He advised that he had briefed each of the new Commissioners and corrected the hourly rate for outside counsel that Mr. Mensmg had mentioned. He will contact the Board's outside counsel with regard to setting up a meeting with Mr. Mensing. 9.C.1. PUBLIC NOTICE ITEM - PUBLIC HEARINGS SCHEDULED FOR DECEMBER 17, 2002 (a) COUNTY -INITIATED REQUEST TO UPDATE THE CAPITAL IMPROVEMENTS AND TRANSPORTATION ELEMENTS OF THE COMPREHENSIVE PLAN (Legislative); (b) FRANK CATALA'S REQUEST FOR ABANDONMENT OF THE PORTION OF 78TH COURT BETWEEN 133RD PLACE AND 134TH STREET (Legislative); •. a • • '0 1 1 . December 10, 2002 -8- a 80 1 , r 1 (di December 10, 2002 -8- a 80 • • REQUEST FOR AUTHORIZATION TO SUBMIT A FY 2002/03 GRANT APPLICATION FOR 49 USC CH. 53, SECTION 5307, MASS TRANSIT CAPITAL AND OPERATING ASSISTANCE FUNDS (Legislative) The Chairman read the notice into the record. (CLERK'S NOTE• (c) was deleted earlier by the Board [see Item 4.]) 10.A. LOST TREE ISLANDS - CONTRACT FOR BARGAIN SALE OF REAL ESTATE - INTERLOCAL AGREEMENT - CITY OF VERO BEACH - TOWN OF INDIAN RIVER SHORES Assistant County Administrator Baird reviewed his memorandum of December 5, 2002 and recommended approval of the contract and the interlocal agreement. MOTION WAS MADE by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, to approve staff's recommendation. Under discussion, Acting Chairman Macht found it interesting that he winds up being the one to sign this contract since it was first presented to him when he was Mayor of the City of Vero Beach in 1989. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. (The Board unanimously approved the Contract and Interlocal Agreement for the Chairman's signature and authorized staff to obtain all necessary surveys, environmental assessments, and any professional service necessary for the purchase, as recommended by staff. December 10, 2002 -9- • Jens Tripson, 2525 14' Street, president of the Pelican Island Audubon Society, expressed his thanks and hoped Lost Tree would accept the offer and predicted this purchase will benefit our entire community. It was noted the seller has one week to respond. •• Vire CONTRACT FOR BARGAIN SALE OF REAL ESTATE AND IN1 ERLOCAL AGREEMENT ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD -,tea 11. G.1. LAND PURCHASE FOR BARBER STREET RIGHT-OF-WAY - SEBASTIAN HIGHLANDS LOT - OSLO TRADE CENTER, INC. (RE- ROUTING OF BARBER STREET) ON MOTION by Acting Vice Chairman Ginn, SECONDED BY Commissioner Adams, the Board unanimously approved the $13,500.00 purchase, plus payment of $258.90 for the taxes, and authorized the Chairman to execute the Contract with Oslo Trade Center, Inc., as recommended in the memorandum. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.G.2. WABASSO BEACH RESTORATION - SEAGRAPE TRAIL - BEACH PRESERVATION PLAN - SECTOR 3 - SUMMERPLACE, DISNEY, SEA OAKS, BAYTREE, MARBRISA - FDEP CONTRACT NO. 03IR1 December 10, 2002 -10- • ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously approved and authorized the execution of FDEP Contract 03IR1, as recommended in the memorandum. CONTRACT IS FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.G.3. OSLO ROAD AND 43RD AVENUE INTERSECTION IMPROVEMENTS - DEVELOPER'S AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS - NAP OSLO 43 LLC, A FLORIDA LIMITED LIABILITY CORPORATION ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously approved the Agreement with NAP Oslo 43 LLC, a Florida Limited Liability Corporation, as recommended in the memorandum. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.H.1. RESOLUTION NO. 2002-110 - DESIGNATING THE 55 -ACRE SOUTH GIFFORD LANDFILL A BROWNFIELD SITE MOTION WAS MADE by Commissioner Adams, SECONDED by Acting Vice Chairman Ginn, to approve staff s recommendation. December 10, 2002 • -11- .e • Under discussion, Acting Vice Chairman Ginn recounted her attendance at a recent meeting of the Environmental Protection Agency and Department of Environmental Protection and suggested they be invited to make a presentation to the Commission. She also asked Director Olson if he needed anything further from the Board. Utilities Director Erik Olson requested a letter of support signed by the Chairman of the Board of County Commissioners to be sent with the application. Commissioner Adams and Acting Vice Chairman Ginn AMENDED their motion to include a letter of support to be drafted by Director Olson for the signature of the Chairman. A brief discussion was held about the benefits of declaring this property a Brownfield. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. (The Board adopted Resolution No. 2002-110 declaring the South Gifford Road Landfill Site in Indian River County, Florida, a Brownfield under the Brownfields Revitalization and Environmental Restoration Act of 2001; and authorized a letter from the Chairman to be sent along with the application to the Regional Director of the Environmental Protection Agency in Atlanta.) COPIES OF LETTERS IN SUPPORT OF THE APPLICATION ARE ON FILE WITH THE BACKUP IN THE OFFICE OF THE CLERK TO THE BOARD December 10, 2002 -12- 'i1 w • • 13.B.1. ACTING VICE CHAIRMAN GINN - PRESS JOURNAL EDITORIAL CARTOON 12-1-02 - (INTERSECTION AT 5TH STREET S.W. AT 27TH AVENUE) Commissioner Ginn referred to a Press Journal cartoon she placed as backup for this item. She thought when 3 fatalities occur at an intersection that the intersection should be given special attention. Several Commissioners spoke of actions they had taken in this regard and Commissioner Lowther advised that County Traffic Engineer Chris Mora has already submitted a letter on November 25th to the Florida Department of Transportation regarding this intersection. 13.B.2. ACTING VICE CHAIRMAN GINN - ST. PETER'S BAPTIST CHURCH/CHARTER SCHOOL - REVISIT OF THE REQUESTED LDR AMENDMENT Commissioner Ginn recently met with Pastor Andrew Jefferson and Planning Director Stan Boling concerning revisiting the proposed LDR amendment. She believed now that her earlier vote in opposition was influenced by her experience with St Edward's air-conditioning system noise. Planning Division Director Stan Boling advised the Board could vote to direct staff to set a public hearing to consider again the proposed ordinance amending the LDRs, which had already been reviewed by the Professional Services Advisory Committee and the Planning & Zoning Commission. ON MOTION by Commissioner Lowther, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously directed December 10, 2002 -13- staff to set a public hearing sometime in January for consideration of the LDR amendment proposed for St. Peter's Baptist Church/ Charter School. 13.B.3. ACTING VICE CHAIRMAN GINN - COMMENT ON THE RED TIDE Acting Vice Chairman Ginn asked the Board to direct the Public Works Department to formulate an emergency measure when problems of this nature occur to get the smelly fish and algae off the beaches because of their negative effect on tourism. Discussion ensued. Concerns were mentioned about putting staff In harm's way. There was CONSENSUS to direct staff to develop an emergency response plan to take care of the Red Tide problem. 14.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene as the Board of Commissioners of the Solid. Waste Disposal District. Those Minutes are being prepared separately. ALL BACKUP DOCUMENTATION, RESOLUTIONS, ORDINANCES, AND CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES There being no further business, upon motion duly made and seconded, the Chairman adjourned the meeting at 9:30 a.m. December 10, 2002 -14-