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HomeMy WebLinkAbout12/17/2002MINUTES ATTACHED HOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA TUESDAY, DECEMBER 17, 2002 - 9:00 A.M. County Commission Chamber County Administration Building 1840 25th Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS Kenneth R. Macht, Acting Chairman Caroline D. Ginn, Acting Vice Chairman 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 Jim Davis, Public Works Department PLEDGE OF ALLEGIANCE Comm. Caroline D. Ginn ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS PROCLAMATION and PRESENTATIONS Presentation of Proclamation Honoring the Volunteers Serving on Indian River County Boards, Committees, and Subcommittees APPROVAL OF MINUTES A. Regular Meeting of November 12, 2002 Regular Meeting of November 19, 2002 E 7. CONSENT AGENDA BACKUP A. Received and placed on file in office of Clerk to the Board: PAGES Fellsmere Water Control District Schedule of Regular Meetings for 2003 B Approval of Warrants (memorandum dated December 5, 2002) 2-9 C. Final Payment and Release of Retainage for Roofing Contract with Atlantic Roofing for Health Department (memorandum dated December 9, 2002) D. Out-of-town travel by Commissioners to attend the Annual National Association of Counties (memorandum dated December 9, 2002) E 2002 Records Disposition Compliance Statement and Records Management Liaison Officer Form Board of County Commissioners (memorandum dated December 4, 2002) F. MACE Grant (Multi -Agency Criminal Enforcement Unit) Project Generated Income, Budget Amendment 003 (memorandum dated December 9, 2002) G. Submerged Lands Easement for Use of Offshore Borrow Area for Beach Restoration (memorandum dated December 5, 2002) H. Fourth Street Water Main Relocation/Replacement Work Authorization Directive No. 2001-031, Final Payment and Release of Retainage (memorandum dated December 2, 2002) I. Timber Ridge Subdivision Water Service Replacement Project Phase I, Final Payment and Release of Retainage (memorandum dated December 2, 2002) J. Request to set a hearing date to consider a proposed change to the Grand Harbor Development Order (D.O.) (memorandum dated December 9, 2002) K. Request for authorization to enter into a Public Transpor- tation Joint Participation Agreement with the Florida Department of Transportation (FDOT) (memorandum dated December 6, 2002) 2 10-12 13-17 18-21 22-28 29-38 39-43 44-47 48-50 51-74 7. CONSENT AGENDA L Appointment of Dr. Craig McGarvey to the MPO and COPD (memorandum dated December 11, 2002) BACKUP PAGES Economic Development Council (EDC) Appointment (memorandum dated December 11, 2002) 77-78 Knight McGuire & Associates request for release of easement at 10645 Wittington Ave. (Tract A2, Block 16, Windsor PD Phase II) (memorandum dated December 11, 2002) Board approval of extension to the Florida Communities Trust (FCT) Cost -Share Grant for Purchase of the Lost Tree Islands (memorandum dated December 10, 2002) Proclamation honoring John P. Fucci on his retirement from Indian River County 91-92 Request for authorization for the Board Chairman to sign a DCA/Indian River County Community Development Block Grant (CDBG) Agreement (memorandum dated December 11, 2002) Resolutions canceling taxes on properties acquired by County for public use (memorandum dated December 9, 2002) 120-146 Request to authorize staff to pull Letter of Credit for Arbor Trace Phase II Subdivision for remaining required improvements (memorandum dated December 10, 2002) 147-162 Majestic Oaks Development Corporation's request for final plat approval for Majestic Oaks (memorandum dated December 9, 2002) 163-179 CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Frank Catala's request for abandonment of the portion of 78th Court between 133rd Place and 134th Street (Legislative) (memorandum dated December 10, 2002) 2. County initiated request to update the Capital Improvements and Transportation Elements of the Comprehensive Plan (Legislative) (memorandum dated December 3, 2002) 3. Request for authorization to submit an FY 2002/03 Grant Application for 49 USC CH.53, Section 5307 Mass Transit Capital and Operating Assistance (Legislative) (memorandum dated December 3, 2002) B. PUBLIC DISCUSSION ITEMS 1. Request from Frank L Zorc to address Commission considerations on beach sand placement (letter dated December 10, 2002) 2. Request from Henry A. Fischer, Charles Cramer, and Robert Walker to speak on the issue of Amber - sand Beach project (letter dated December 11, 2002) C. PUBLIC NOTICE ITEMS None 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development 1. Request to approve Industrial (Enterprise) Park Development Concept Plan (memorandum dated December 2, 2002) B. Emergency Services 1. Purchase of a One -Year Software License Agree- ment and Installation for the 800 MHz Radio System (memorandum dated December 6, 2002) EY h BACKUP PAGES 180-187 188-205 206-220 221 222 223-229 230-243 1 4 11. DEPARTMENTAL MATTERS C. General Services 1. Indian River County Bid #5025 Indian River County Jail Roof Replacement (memorandum dated December 11, 2002) BACKUP PAGES 244-297 Indian River County Citrus Best Management Practices Contract (memorandum dated December 10, 2002) Leisure Services None 298-307 Office of Management and Budget None Human Resources None Public Works 1. 66`h Avenue Paving Improvements — Professional Engineering Services Agreement with Carter Associates, Inc., Reduction in Retainage (memorandum dated December 9, 2002) East Indian. River County Master Stormwater Management Plan (memorandum dated December 9, 2002) 308-311 312-314 King's Highway Phase II Construction Testing Services Agreement Amendment No. 3 (memorandum dated November 26, 2002) 315-319 Work Order #2 to Annual Surveying Services Agreement with Carter Associates, Inc. for Topographic Surveying of the Proposed Sporting Clays Shotgun Range (memorandum dated December 2, 2002) 320-325 Award of Contract, Sectors 1 & 2 Beach Restoration (memorandum dated December 9, 2002) 326-373 Utilities 1. South County Water Treatment Fiberglass Reinforced Pipe Replacement (memorandum dated December 4, 2002) 11. DEPARTMENTAL MATTERS (cont'd.): H. Utilities (cont'd.): 2. Force main abandonment and canal bank restoration along the Lateral J' Canal (memorandum dated December 11, 2002) Human Services None BACKUP PAGES 386-388 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Commissioner Kenneth R. Macht, Acting Chairman Commissioner Caroline D. Ginn, Acting Vice Chairman Commissioner Fran B. Adams Commissioner Thomas S. Lowther Commissioner Arthur R. Neuberger 14. SPECIAL DISTRICTS/BOARDS A. Emergency Services District 1. Approval of Minutes — meeting of 10-15-02 2002 Records Disposition Compliance Statement and Records Management Liaison Officer Font' Emergency Services District (memorandum dated December 4, 2002) 389-392 r Xj 14. SPECIAL DISTRICTS/BOARDS (cont'd.): B. Solid Waste Disposal District 1 2002 Records Disposition Compliance Statement and Records Management Liaison Officer Fonn Solid Waste Disposal District (memorandum dated December 4, 2002) 2. Florida Tire Recycling, Inc. (FTR) Waste Tire Contract (memorandum dated November 15, 2002) C. Environmental Control Board 1. Approval of Minutes — meeting of 11-5-02 2. Re-election of Environmental Control Hearing Board Chairman and Vice Chaiuuan (memorandum dated December 11, 2002) 15. ADJOURNMENT BACKUP PAGES 393-396 397-402 403 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, tKC Courthouse Law Library, and North County Library Meeting may be broadcast live on AT & T Cable Channel 13 — rebroadcast continuously Thursday 1:00 p.m. until Friday morning and Saturday 12:00 noon until 5:00 p.m. Meeting broadcast same as above on AT & T Broadband, Channel 27 in Sebastian. 7 • INDEX TO MINUTES BOARD OF COUNTY COMMISSIONERS MEETING OF DECEMBER 17, 2002 1 CALL TO ORDER 1 2. INVOCATION 1 3. PLEDGE OF ALLEGIANCE 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 1 5 PROCLAMATION HONORING THE VOLUNTEERS SERVING ON INDIAN RIVER COUNTY BOARDS, COMMITTEES, AND SUBCOMMITTEES 2 6.A. APPROVAL OF MINUTES - NOVEMBER 12, 2002 2 6.B. APPROVAL OF MINUTES - NOVEMBER 19, 2002 2 7. CONSENT AGENDA 3 7.A. Report Placed on File - Fellsmere Water Control District Schedule of Regular Meetings for 2003 3 7.B. Approval of Warrants 3 7.C. Final Payment and Release of Retainage for Health Department Roofing Contract with Atlantic Roofing 3 7.D. Out -of -Town Travel by Commissioners to Attend the Annual National Association of Counties Legislative Conference - Washington D.C. - Feb. 28 -Mar. 4, 2003 4 7 E 2002 Records Disposition Compliance Statement and Records Management Liaison Officer Form Board of County Commissioners 4 7.F. Resolution No. 2002-111 Adopting Budget Amendment 003 -MACE Grant (Multi -Agency Criminal Enforcement Unit) Project Generated Income 5 7.G. Beach Restoration - Sovereign Submerged Lands Easement for Use of Offshore Borrow Area - The Board of Trustees of the Internal Improvement Trust Fund 5 1 r • 7.H. 4th Street Water Main Relocation/Replacement Work Authorization Directive No. 2001-031 - George E French - Final Payment and Release of Retainage 6 7.1. Timber Ridge Subdivision Water Service Replacement Project Phase I - George E French - Final Payment and Release of Retainage 6 7.J. Public Hearing Scheduled to Consider a Proposed Change to the Grand Harbor Development Order (D.0) 7 7.K. Resolution No. 2002-112 - Public Transportation Joint Participation Agreement (Public Transportation Block Grant) with Florida Department of Transportation (FDOT) - Indian River County Council on Aging, Inc. - Indian River Transit/Community Coach 7 7 L Appointment of Dr. Craig McGarvey as the Indian River County School Board's Member of the MPO (Metropolitan Planning Organization) and COPO (Council of Public Officials) 8 7.M. Appointment of Steven Mohler as the Indian River County School Board's Member of the EDC (Economic Development Council) 8 7.N. Resolution No. 2002-113 Releasing an Easement at 10645 Wittington Avenue (Tract A2, Block 16, WINDSOR PD PHASE II) 8 7.0. Extension of Florida Communities Trust (FCT) Cost -Share Grant for Purchase of the Lost Tree Islands 9 7.P. Proclamation and Retirement Award Honoring John P. Fucci on His Retirement from Indian River County Fire Division 9 7.Q. Community Development Block Grant (CDBG) - Department of Community Affairs (DCA) - Housing Rehabilitation in Gifford Area . . 10 7.R. Resolution Nos. 2002-114/117 Canceling Taxes on Properties Acquired by the County for Public Use (Jackson Bros. Groves, Inc./Raymond A. Jackson for Utility Operations, Stormwater Management & Road Widening; Thomas C. Harrington/St Lucie Development Corporation for Environmental Resource Preservation Hallstrom Property for Historic and Environmental Resource Preservation Kroegel Homestead for Historic Preservation) 10 7.S. Resolution No. 2002-118 Declaring Default by Arbor Trace Development, Inc. in its Obligation to Complete Required Improvements to Arbor Trace, Phase II, P.D. 12 7.T. Majestic Oaks - Final Plat Approval Requested by Majestic Oaks Development Corporation - Contract for Construction of Required Sidewalk Improvements 12 2 9 6 • 9.A.1. PUBLIC HEARING - RESOLUTION NO. 2002-119 - ABANDONMENT OF THE PORTION OF 78TH COURT BETWEEN 133RD PLACE AND 134TH STREET REQUESTED BY FRANK CATALA 13 9.A.2. PUBLIC HEARING - RESOLUTION NO. 2002-120 - COUNTY - INITIATED REQUEST TO UPDATE THE CAPITAL IMPROVEMENTS AND TRANSPORTATION ELEMENTS OF THE COMPREHENSIVE PLAN 14 9.A.3. PUBLIC HEARING - RESOLUTION NO. 2002-121 - AUTHORIZATION TO SUBMIT FY 2002/03 GRANT APPLICATION FOR 49 USC CH.53, SECTION 5307 MASS TRANSIT CAPITAL AND OPERATING ASSISTANCE - COUNCIL ON AGING, INC 15 9 B 1 PUBLIC DISCUSSION ITEM - FRANK ZORC REGARDING CONSIDERATIONS ON BEACH SAND PLACEMENT 15 9 B 2 PUBLIC DISCUSSION ITEM - HENRY A. FISCHER, CHARLES CRAMER, AND ROBERT WALKER TO SPEAK ON THE ISSUE OF AMBERSAND BEACH PROJECT 16 11.A.1. INDUSTRIAL (ENTERPRISE) PARK DEVELOPMENT CONCEPT PLAN - REQUEST FOR APPROVAL 17 11B1 PURCHASE OF A ONE-YEAR SOFTWARE LICENSE (EDACS FX) AGREEMENT AND INSTALLATION FOR THE 800 MHz RADIO SYSTEM - COMMUNICATIONS INTERNATIONAL, INC 18 11.C.1. BID #5025 - INDIAN RIVER COUNTY JAIL ROOF REPLACEMENT AWARDED TO THE ROOF AUTHORITY, INC. 18 11.C.2. INDIAN RIVER COUNTY CITRUS BEST MANAGEMENT PRACTICES (BMP) CONTRACT #006800 - FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (FDACS) INDIAN RIVER SOIL AND WATER CONSERVATION DISTRICT(IRSWCD) - UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) NATURAL RESOURCE CONSERVATION SERVICE (NRCS) 19 3 • 11.0.1. 66TH AVENUE PAVING IMPROVEMENTS - PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH CARTER ASSOCIATES, INC. - REDUCTION IN RETAINAGE 19 11.G.2. EAST INDIAN RIVER COUNTY MASTER STORMWATER MANAGEMENT PLAN - INDIAN RIVER LAGOON 20 11.0.3. 11.G.4. 11.0.5. KING'S HIGHWAY PHASE II - CONSTRUCTION TESTING SERVICES AGREEMENT - DUNKELBERGER ENGINEERING AND TESTING, INC. - AMENDMENT NO. 3 21 ANNUAL SURVEYING SERVICES AGREEMENT - CARTER ASSOCIATES, INC. - WORK ORDER #2 - TOPOGRAPHIC SURVEYING OF THE PROPOSED SPORTING CLAYS SHOTGUN RANGE - INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE 22 BID #5024BEACH RESTORATION - SECTORS 1 AND 2 - CONTRACT AWARDED TO GREAT LAKES DREDGE AND DOCK CO. 22 SOUTH COUNTY REVERSE OSMOSIS WATER TREATMENT PLANT - FIBERGLASS REINFORCED PIPE REPLACEMENT - KIMLEY-HORN AND ASSOCIATES - WORK AUTHORIZATION NO. 2 - PROGRESSIVE PIPELINE, INC. 25 11.1.2. FORCE MAIN ABANDONMENT AND CANAL BANK RESTORATION ALONG THE LATERAL `J CANAL 26 14.A. EMERGENCY SERVICES DISTRICT 26 14.B. SOLID WASTE DISPOSAL DISTRICT 26 14.C. ENVIRONMENTAL CONTROL BOARD 27 4 v December 17, 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 17, 2002. Present were Kenneth R. Macht, Acting Chairman; Caroline D. Ginn, Acting Vice Chairman; Commissioners Fran B. Adams; Thomas S. Lowther; and Arthur R. Neuberger. Also present were James E Chandler, County Administrator; Paul G. Bangel, County Attorney; and Patricia Ridgely, Deputy Clerk. CALL TO ORDER The Chairman called the meeting to order at 9:00 a.m. INVOCATION Public Works Director James Davis delivered the invocation. PLEDGE OF ALLEGIANCE Acting Vice Chairman Ginn led the Pledge to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS December 17, 2002 ON MOTION by Acting Vice Chairman Ginn, SECONDED BY Commissioner Adams, the Board unanimously approved the agenda. 5. PROCLAMATION HONORING THE VOLUNTEERS SERVING ON INDIAN RIVER COUNTY BOARDS, COMMITTEES, AND SUBCOMMITTEES Acting Chairman Macht read the proclamation. 6.A. APPROVAL OF MINUTES - NOVEMBER 12, 2002 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of November 12, 2002. There were none. ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously approved the minutes of November 12, 2002, as written and distributed. 6.B. APPROVAL OF MINUTES - NOVEMBER 19, 2002 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of November 19, 2002. There were none. ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously approved the minutes of November 19, 2002, as written and distributed. December 17, 2002 2 1 • 7. CONSENT AGENDA 7.A. Report Placed on File - Fellsmere Water Control District Schedule of Regular Meetings for 2003. NO ACTION REQUIRED OR TAKEN. 7.B. Approval of Warrants ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously approved the list of warrants issued by the Clerk for the period December 1-5, 2002, as requested. 7.C. Final Payment and Release of Retainage for Health Department Roofing Contract with Atlantic Roofing ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously approved release of retained funds and final payment to Atlantic Roofing, In the amount of $8,139.60, as recommended in the Memorandum. December 17, 2002 3 • 1 i 7.D. Out -of -Town Travel by Commissioners to Attend the Annual National Association of Counties Legislative Conference - Washington D.C. - Feb. 28 -Mar. 4, 2003 ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously approved out-of-town travel for the Commissioners to attend the 2003 NACo annual legislative conference to be held February 28 - March 4, 2003, at the Marriott Wardman Park in Washington, D.C., as requested. 7.E. 2002 Records Disposition Compliance Statement and Records Management Liaison Officer Form Board of County Commissioners ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously authorized the Chairman to sign the Records Disposition Compliance Statement for the period October 1, 2001 and ending September 30, 2002 for the Indian River County Board of County Commissioners, as recommended in the memorandum. COPY OF RECORDS DISPOSITION COMPLIANCE STATEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD December 17, 2002 4 n • 7.F. Resolution No. 2002-111 Adopting Budget Amendment 003 M.A.C.E. Grant (Multi Agency Criminal Enforcement Unit) Project Generated Income ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously approved the utilization of Project Generated Income totaling $3,918.90 and adopted the proposed Budget Amendment and Budget Resolution No. 2002-111 amending the Fiscal Year 2002-2003 Budget. COPY OF PARTIALLY EXECUTED PROJECT GENERATED INCOME AGREEMENT WITH FDLF IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.G. Beach Restoration - Sovereign Submerged Lands Easement for Use of Offshore Borrow Area - The Board of Trustees of the Internal Improvement Trust Fund ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously approved the Sovereign Submerged Lands Easement from the Board of Trustees ofthe Internal Improvement Trust Fund and authorized the Chairman to execute same, as recommended in the memorandum. December 17, 2002 5 • COPY OF PARTIAL LY FXECUTED SOVEREIGN SUBMERGED LANDS EASEMENT' IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.H. 4th Street Water Main Relocation/Replacement Work Authorization Directive No. 2001-031 - George E. French - Final Payment and Release of Retainage ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously approved the release of retainage and final payment to the labor contractor, George E French, in the amount of $22,507.00, and authorized the Chairman to execute same, as recommended in the memorandum. 7.L Timber Ridge Subdivision Water Service Replacement Project Phase I - George E. French - Final Payment and Release of Retainage ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously approved the release of retainage and final payment to the labor contractor, George E French, in the amount of $12,019.25, and authorized the Chairman to execute same, as recommended in the memorandum. December 17, 2002 6 I I_ • 7.J. Public Hearing Scheduled to Consider a Proposed Change to the Grand Harbor Development Order (D.0.) ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously set the public hearing date for consideration of the Grand Harbor Notice of Proposed Change to be at its regular meeting of January 21, 2003, as recommended in the memorandum. 7.K. Resolution No. 2002-112 - Public Transportation Joint Participation Agreement (Public Transportation Block Grant) with Florida Department of Transportation (FDOT) - Indian River County Council on Aging, Inc. - Indian River Transit/Community Coach ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously adopted Resolution No. 2002-112 authorizing the execution of a Public Transportation Joint Participation Agreement with the Florida Department of Transportation. December 17, 2002 COPY OF PARTIALLY EXECUTED AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7 3 • 7.L. Appointment of Dr. Craig McGarvey as the Indian River County School Board's Member of the MPO (Metropolitan Planning Organization) and COPO (Council of Public Officials) Dr. McGarvey's appointment was noted for the record. 7.M. Appointment of Steven Mohler as the Indian River County School Board's Member of the EDC (Economic Development Council) Mr. Mohler's appointment was noted for the record. 7.N. Resolution No. 2002-113 Releasing an Easement at 10645 Wittington Avenue (Tract A2, Block 16, WINDSOR PD PHASE II) ON MOTION by Commissioner Adams, SIiCONDED BY Acting Vice Chairman Ginn, the Board unanimously adopted Resolution No. 2002-113 releasing an easement on Tract A2, Block 16, WINDSOR PHASE II PD, conditioned upon the applicant establishing a replacement easement prior to County recording of the easement release in the public records, as recommended in the memorandum. December 17, 2002 8 • 7.0. Extension of Florida Communities Trust (FCT) Cost -Share Grant for Purchase of the Lost Tree Islands ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously authorized the Chairman to execute Addendum II to the Conceptual Approval Agreement and authorized staffto coordinate with the Town of Indian River Shores and the City of Vero Beach for approval of the addendum by those municipalities, as recommended in the memorandum. COPY OF PARTIALLY EXECUTED ADDENDUM II IS ON FILE IN ERE OFFICE OF THE CLERK TO THE BOARD 7.P. Proclamation and Retirement Award Honoring John P. Fucci on His Retirement from Indian River County Fire Division ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously made the Proclamation and Retirement Award honoring John P. Fucci part of the record. December 17, 2002 9 • 7. Q. Community Development Block Grant (CDBG) - Department of Community Affairs (DCA) - Housing Rehabilitation in Gifford Area ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously authorized the Chairman to execute the DCA CDBG Agreement and authorized staff to transmit the signed copies of the agreement to DCA, as recommended in the memorandum. COPY OF PARTIALLY EXECUTED SUBGRANT AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.R. Resolution Nos. 2002-114/117 Canceling Taxes on Properties Acquired by the County for Public Use (Jackson Bros. Groves, Inc./Raymond A. Jackson for Utility Operations, Stormwater Management & Road Widening; Thomas C. Harrington/St. Lucie Development Corporation for Environmental Resource Preservation; Hallstrom Property for Historic and Environmental Resource Preservation; Kroegel Homestead for Historic Preservation) ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously adopted Resolution No. 2002-114 canceling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. December 17, 2002 10 • • (Jackson Bros. Groves/Raymond A. Jackson property for utility operations, stormwater management and road widening) ON MOTION by Commissioner Adams, SECONDI4D BY Acting Vice Chairman Ginn, the Board unanimously adopted Resolution No. 2002-115 canceling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Thomas C. Harrington/St. Lucie Development Corporation property for environmental resource preservation) ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously adopted Resolution No. 2002-116 canceling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Hallstrom property for historic and environmental resource preservation) ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously adopted Resolution No. 2002-117 canceling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Kroegel homestead for historic preservation) December 17, 2002 11 ° L 1t c_ iu 7.S. Resolution No. 2002-118 Declaring Default by Arbor Trace Development, Inc. in its Obligation to Complete Required Improvements to Arbor Trace, Phase II, P.D. ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously adopted Resolution No. 2002-118 declaring default by Arbor Trace Development, Inc. in its obligation to complete required improvements to Arbor Trace, Phase II P.D. and authorizing staff to make sight draft against Wachovia Bank, National Association, Irrevocable Standby Letter of Credit No. S422166W dated August 1, 2002. MODIFICATION AND COPY OF CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK IMPROVEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.T. Majestic Oaks - Final Plat Approval Requested by Majestic Oaks Development Corporation - Contract for Construction of Required Sidewalk Improvements ON MOTION by Commissioner Adams, SECONDFD BY Acting Vice Chairman Ginn, the Board unanimously granted final plat approval for Majestic Oaks, and authorized the Chairman to sign the Contract for Construction of Required Sidewalk Improvements and accept posted security, as recommended in the memorandum. December 17, 2002 12 • • • CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 9.A.1. PUBLIC HEARING - RESOLUTION NO. 2002-119 - ABANDONMENT OF THE PORTION OF 78TH COURT BETWEEN 133RD PLACE AND 134TH STREET REQUESTED BY FRANK CATALA PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Division Director Stan Boling reviewed the memorandum using a site sketch. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Brian Heady, Vero Beach, commented that requests such as this occur frequently and suggested that the County, rather than abandoning a right-of-way, should think about giving a 99 -year lease as is done in New York. It was determined that no one else wished to be heard and the Chairman closed the public hearing. ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously adopted Resolution No. 2002-119 providing for the closing, abandonment, vacation and discontinuance of that portion of 78th Court between 133`d Place and 134th Street and reserving a 20' wide drainage and utility and easement in the center of the right-of-way, said land lying in Indian River County, Florida. December 17, 2002 13 9.A.2. PUBLIC HEARING - RESOLUTION NO. 2002-120 - COUNTY -INITIATED REQUEST TO UPDATE THE CAPITAL IMPROVEMENTS AND TRANSPORTATION ELEMENTS OF THE COMPREHENSIVE PLAN PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Robert Keating reviewed the memorandum using a Power Point presentation. He explained the Comprehensive Plan amendment process and gave a brief summary of the amendments under consideration. He advised that staff and the Planning and Zoning Commission recommend adoption and transmission of the resolution to the Department of Community Affairs. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously adopted Resolution No. 2002-120 approving the transmittal ofproposed text amendment to the Indian River County Comprehensive Plan to the State of Florida Department of Community Affairs for its review. December 17, 2002 14 • 9.A.3. PUBLIC HEARING - RESOLUTION NO. 2002-121 - AUTHORIZATION TO SUBMIT FY 2002/03 GRANT APPLICATION FOR 49 USC CH.53, SECTION 5307 MASS TRANSIT CAPITAL AND OPERATING ASSISTANCE - COUNCIL ON AGING, INC. PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CI ERIC TO THE BOARD Community Development Director Robert Keating reviewed the memorandum. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Brian Heady, Vero Beach, declared that the Commissioners speak of quality of life yet, by their actions, the County continues to grow. He asserted that expanding our mass transit system will make us grow more. It was determined that no one else wished to be heard and the Chairman closed the public hearing. ON MOTION by Commissioner Neuberger, SECONDED BY Commissioner Adams, the Board unanimously adopted Resolution No. 2002-121 authorizing the filing of a FY 2002/03 Grant Application for 49 USC Ch. 53, Section 5307, Mass Transit Capital and Operating Assistance. 9.B.1. PUBLIC DISCUSSION ITEM - FRANK ZORC REGARDING CONSIDERATIONS ON BEACH SAND PLACEMENT Frank Zorc, 1695 20th Avenue, Vero Beach, maintained that sand replacement is a foolish attempt to cancel out Nature's way of sometimes removing the efforts of people. December 17, 2002 15 r bit • He asked the Board not to add to tax losses by restricting the bid process to only dredging companies but to seek the lowest bid and allow any competent company to bid. (CLERK'S NOTE • Mr Zorc submitted a written document he used when making his remarks which has been placed on file with the backup in the office of the Clerk to the Board.) 9.B.2. PUBLIC DISCUSSION ITEM - HENRY A. FISCHER, CHARLES CRAMER, AND ROBERT WALKER TO SPEAK ON THE ISSUE OF AMBERSAND BEACH PROJECT Henry Fischer, 520 Blue Island Avenue, advised he was appearing because his company was excluded from the bid to replace sand on the beach (see also Item 11.G.5.). He claimed he could provide sand at a lower price and the reef structure would not be damaged. He believed his sand to be the best and the County could piggyback on the Sebastian Inlet Taxing District's contract. He asserted that it was a terrible mistake to exclude the #1 local sand provider who has been providing quality sand by truck since 1996. Charles Cramer, Jr., Sebastian, representing Mr Fischer, asked the Board to reconsider their decision to dredge sand from offshore. He extolled the Fischer mine sand as meeting all test minimums and contended they can be competitive and save the County $1,183,112 on the Fischer bid of $7,440,970. Mr. Cramer distributed a document with detailed figures to each Commissioner. (Copy on file with the backup in the Office of the Clerk to the Board.) Mr. Cramer responded to Commissioners' questions and concerns regarding the source of the sand, number of truck loads with related noise and damage to roads Commissioner Adams advised that this issue had come to the Beach and Shore Preservation Advisory Committee some time ago and cautioned the Commissioners not to damage the bid process. December 17, 2002 16 • Robert Walker, a consultant for Mr. Fischer, was present to answer any questions regarding the sand quality or environmental issues. Discussion ensued about the bid process, the Sebastian Inlet Taxing District's role in sand loss/replacement, and complaints about the trucks. Acting Chairman Macht deferred further discussion on this matter to 11.G.5. 11.A.1. INDUSTRIAL (ENTERPRISE) PARK DEVELOPMENT CONCEPT PLAN - REQUEST FOR APPROVAL MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Neuberger for discussion, to approve staff's recommendation. Community Development Director Robert Keating reviewed his memorandum of December 2, 2002. Acting Chairman Macht urged approval of this item as being good for the County's economy through the creation of living wage jobs. Commissioner Ginn and Commissioner Neuberger believed there is a need for a workshop on this issue. y� .4,:fr THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. (Approved the proposed Industrial Park Development Concept Plan and authorized staff to negotiate a County/Developer Partnership Contract for development of an I-95 industrial park.). December 17, 2002 17 • 11.B.1. PURCHASE OF A ONE-YEAR SOFTWARE LICENSE (EDACS FX) AGREEMENT AND INSTALLATION FOR THE 800 MHz RADIO SYSTEM - COMMUNICATIONS INTERNATIONAL, INC. ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously approved the purchase of a one-year 800 MHz software license agreement from Communications International, Inc., in the amount of $74,000. IS DOCUMENTATION WILL BL ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD allosiseassimisit 11.C.1. BID #5025 - INDIAN RIVER COUNTY JAIL ROOF REPLACEMENT AWARDED TO THE ROOF AUTHORITY, INC. ON MOTION by Acting Vice Chairman Ginn, SF CONDED by Commissioner Neuberger, the Board unanimously awarded Bid #5025 to The Roof Authority, Inc., in the amount of $176,855, as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid; and authorized the Chairman to execute the Contract (AIA Document A101-1997) as modified and approved by the County Attorney for this re -roofing work, as recommended in the memorandum. cam..—T oAt '�.Le ..� rt*E o Ir, , c orti f� E e. t cue .< ns Tact adeg e.D December 17, 2002 18 u L.. toms • 11.C.2. INDIAN RIVER COUNTY CITRUS BEST MANAGEMENT PRACTICES (BMP) CONTRACT #006800 - FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (FDACS) INDIAN RIVER SOIL AND WATER CONSERVATION DISTRICT(IRSWCD) - UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) NATURAL RESOURCE CONSERVATION SERVICE (NRCS) ON MOTION by Acting Vice Chairman Ginn , SECONDED by Commissioner Adams, the Board unanimously approved the list of projects submitted by the IRSWCD entitled Applicant Score Summary, which allocates all of the 5250,000 FY 2002 FDACS cost share funds according to their rules; and approved the invitation for submittal of applications for the allocation of the next fiscal year (2003) $250,000 cost share funds as soon as the 2002 individual contracts are fully executed, as recommended in the memorandum. DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN RECEIVED 11.G.1. 66TH AVENUE PAVING IMPROVEMENTS - PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH CARTER ASSOCIATES, INC. - REDUCTION IN RETAINAGE ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously approved Carter Associates, Inc.'s request for partial release of retainage December 17, 2002 19 • in the amount of $8,573.94 (Alternative No. 1) with funding from Accountl\ o. 109-214-541-067.74, as recommended in the memorandum. DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 11.G.2. EAST INDIAN RIVER COUNTY MASTER STORMWATER MANAGEMENT PLAN - INDIAN RIVER LAGOON Public Works Director James Davis introduced the County's consultants and noted the presence of former Commission Chaiunian Ruth Stanbridge who was instrumental in obtaining funding for this project. He then reviewed his memorandum using a Power Point presentation (on file with the backup in the office of the Clerk to the Board). Dr. Frank Marshall, a member of the consulting team, advised of extensive research and reviewed the recommended actions saying the results are in the bound volume before them for approval. Director Davis advised that staff had made presentations at McKee Jungle Gardens and the Indian River Farms Water Control District and three workshops were held. He reviewed the specifics of the plan and detailed funding for the various projects. He explained that staff is trying to mesh some of the projects with recreational opportunities, not only to make them aesthetically pleasing, but also to capture additional funding opportunities. He asked the Commissioners to consider approving the Master Plan and authorize staff to start on the first of three projects. In response to a request, Director Davis explained the role that Calpine would possibly play in the overall plan. December 17, 2002 20 nu Ci ON MOTION by Acting Vice Chairman Ginn, SECONDhD by Commissioner Neuberger, the Board unanimously approved the East Indian River County Master Stormwater Management Plan as presented, as recommended in the memorandum. COPY OF MASTER PLAN IS ON FILE IN THE OFFICE OF THE CLERK TO I,HE BOARD Brian Heady commented that the figures do not show that the dollar numbers are actually millions. Commissioner Ginn reviewed the motion and made it clear that it was to accept the Master Plan and move forward with the first three priorities. Dr. Richard Baker. 522 N. Blue Island Lane, Sebastian, pointed out that abundant use of fertilizers on grass causes run off of those fertilizers into the ecosystem and urged education of private citizens against excessive use of fertilizers. 11.G.3. KING'S HIGHWAY PHASE II - CONSTRUCTION TESTING SERVICES AGREEMENT - DUNKELBERGER ENGINEERING AND TESTING, INC. - AMENDMENT NO. 3. ON MOTION by Commissioner Adams, SECONDED BY Acting Vice Chairman Ginn, the Board unanimously approved Amendment No. 3 to the Professional Construction Testing Services Agreement with Dunkelberger Engineering and Testing, Inc., which increases the not -to -exceed budget of the Agreement from $413,000 to $453,238.09 with funding from the accounts listed in the memorandum, all as recommended by staff in the memorandum. December 17, 2002 AMENDMENT NO. 3 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.G.4. ANNUAL SURVEYING SERVICES AGREEMENT - CARTER ASSOCIATES, INC. - WORK ORDER #2 - TOPOGRAPHIC SURVEYING OF THE PROPOSED SPORTING CLAYS SHOTGUN RANGE - INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously approved Work Order No. 2 with Carter Associates, Inc. for the Sporting Clays Range project in the amount of $10,720, as recommended in the memorandum. WORK ORDER NO. 2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.G.5. BID #5024BEACH RESTORATION - SECTORS 1 AND 2 CONTRACT AWARDED TO GREAT LAKES DREDGE AND DOCK CO. (Clerk's note: Related items 9.B1. and 9.B.2.) Coastal Resources Manager Jonathan Gorham presented staff's recommendation advising there was no intent to exclude any supplier from this bid. He reviewed his memorandum of December 9, 2002 and advised how the decision was reached to bid the project and the consequences of a delay in order to rebid. He also responded to questions of Acting Vice Chairman Ginn and Commissioner Neuberger. MOTION WAS MADE by Commissioner Ginn, SF CONDED by Commissioner Adams, to approve staff's recommendation. December 17, 2002 Brian Heady presented several photos of the beaches and spoke against public paying for sand replacement because he believes the beaches are accreting on their own. If it is going to be done anyway, he favored giving the project to a local provider. Henry A. Fischer (see item 9.B.2.) advised the Board that a lawsuit will be filed by PEER (Public Employees for Environmental Responsibility). He recommended replacing sand from the upland not by offshore dredging. Bibble Irvin bid $25 for the project saying the beaches are not eroding to the extreme stated. He presented and compared photographs of certain beaches from 1957 to the present and asserted the beaches have remained the same. He believed that if people build on a dune, they should be responsible for whatever losses they incur and that sand pumping will negatively affect the reefs and sandy beach. (Photos were not provided to the Clerk.) Fred Mensing, 7580 129' Street, Sebastian, believed it is reckless to dredge sand from offshore, that it would be safer to use a local provider of sand delivered by truck. Charles Cramer, Fischer & Sons, complained that upland source contractors were excluded from the bidding process. Fischer would like to do it and it would be cheaper. Mr. Gorham reviewed the bid process at the request of Acting Vice Chairman Ginn. Commissioner Adams called the question, but Acting Chairman Macht, Acting Vice Chairman Ginn, Commissioner Lowther, and Commissioner Neuberger wanted public input and discussion to continue and did not wish to vote on the motion at this time. December 17, 2002 Bill Glynn, 1802 Barefoot Place, representing Save Our Shores and the Coalition of the North Beach Civic Association, urged the Board to move forward and recalled that all of the sitting Commissioners had approved it in the past in one capacity or another. Robert Walker, Fischer & Sons, complained that the bid documents were specifically written for offshore dredging and no provision was made for alternates. Commissioner Adams recounted that in 1999 the issue came before the Beach & Shore Preservation Advisory Committee and that committee did not recommend trucking sand. Commissioner Lowther advised he sat on that committee and did not recall this issue coming before the committee. (Clerk's Note: Minutes of the committee meeting have been filed with the backup for the meeting in the office of the Clerk to the Board.) Commissioner Neuberger indicated his preference to work with a local contractor but did not wish to delay the sand replacement. Public Works Director James Davis stated that the County has been working diligently with DEP on this project (DEP is providing 75% of the cost) and DEP does not favor changing the sand source; that the whole permitting process would have to begin again. Jim Haggert, 2310 19' Street, a biologist, favored the upland sand rather than offshore pumping which will affect the reefs. THE CHAIRMAN CALLED THE QUESTION and the motion to approve staff's recommendation carried 4-1. (Commissioner Lowther opposed.) (Awarded Bid 45024 to the low bidder, Great Lakes Dredge and Dock Co. with funding for the County's portion of the project from the Beach Preservation December 17, 2002 Fund 128-144-572; approved the proposed sample agreement; and authorized the Chairman to execute said agreement when the required performance and payment bonds have been submitted along with appropriate certification of insurance and the County Attorney's approval as to form and legal sufficiency.) AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD ALONG WITH COPY OF CERTIFICATE OF INSURANCE AND COPY OF DOCUMENTS RECORDED BY THE CONTRACTOR 11.11.1 SOUTH COUNTY REVERSE OSMOSIS WATER TREATMENT PLANT - FIBERGLASS REINFORCED PIPE REPLACEMENT - KIMLEY-HORN AND ASSOCIATES - WORK AUTHORIZATION NO. 2 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously approved Work Authorization No. 2 to the Non -Exclusive Professional Engineering Agreement with Kimley-Horn and Associates in the amount of $89,800 and authorized the Chairman to execute same, as recommended in the memorandum. WORK AUTHORIZATION NO. 2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD December 17, 2002 f u ! �',. 0 .6 11.H.2. FORCE MAIN ABANDONMENT AND CANAL BANK RESTORATION ALONG THE LATERAL `J' CANAL - PROGRESSIVE PIPELINE, INC. ON MOTION by Commissioner Neuberger, SECONDED BY Commissioner Lowther, the Board unanimously waived the standard bid formality; approved the proposed agreement for $37.00 per cubic yard for canal restoration; and authorized the Purchasing Office to issue a Purchase Order to Progressive Pipeline, Inc., as a sole source vendor, at the unit price of $37 per cubic yard for a total of $37,000, as recommended in the memorandum. AGREEMENT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 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 the Emergency Services District meeting, the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. December 17, 2002 14.C. ENVIRONMENTAL CONTROL BOARD The Chairman announced that immediately upon adjournment of the Solid Waste Disposal District meeting, the Board would reconvene as the Board of Commissioners of the Environmental Control Board. 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 11:56 a.m. ATTEST: Jeffrey K. Barton, Clerk ' enneth R. Macht, Acting Chairman Minutes approved JAN 1 4 2003 December 17, 2002