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
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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)
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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)
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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)
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PAGES
180-187
188-205
206-220
221
222
223-229
230-243
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11. DEPARTMENTAL MATTERS
C. General Services
1. Indian River County Bid #5025 Indian River
County Jail Roof Replacement
(memorandum dated December 11, 2002)
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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(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
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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
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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
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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
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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
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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
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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
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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.
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December 17, 2002
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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
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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
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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
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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