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Home My WebLink About12/3/2002BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA TUESDAY, DECEMBER 3, 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 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 PAGE 2. INVOCATION Stan Boling 3. PLEDGE OF ALLEGIANCE Comm. Fran B. Adams 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 1. Add item 7-R., Indian River County vs. Legwen and Fairways Golf Club, Inc. — Case Nos. 2002 -0200 -CA -05 and 97 -0273 -CA -05 (Consolidated), Circuit Court, 19`h Judicial Circuit 2. Replace page 294 of Item 1 1.A.1. - Request to Designate 133`d Place (Manatee Avenue) lying North of Bay Street (83rd Avenue) as a 'Limited Use Right of Way" 3. Defer item 10 for one week, Lost Tree Islands Contract 5. PROCLAMATION and PRESENTATIONS None 6. APPROVAL OF MINUTES None 7. CONSENT AGENDA A. Received and placed on file in office of Clerk to the Board: Report of Convictions, October, 2002 B. Approval of Warrants (memorandum dated November 14, 2002) 1-9 1 BACKUP 7. CONSENT AGENDA (coned.): PAGE C. Approval of Warrants (memorandum dated November 21, 2002) D. Out -of -County Travel Request by Commissioners to Attend the 16th Annual National Conference on Beach Preservation Technology — Feb. 12-14, 2003 (memorandum dated November 21, 2002) E Resignation of Frank Coffey as the District 2 Appointee to the Treasure Coast Economic Develop- ment District (letter dated November 12, 2002) F. Habitat for Humanity's Request for Final Plat Approval for Grace Pines Subdivision (memorandum dated November 22, 2002) G. Demetree-Indian River Inc., Request for Final Plat Approval for a Subdivision to be known as Emerald Estates (f/k/a Tyler's Place) (memorandum dated November 22, 2002) 48-55 H. Library System Long Range Plan Update (memorandum dated November 21, 2002) 56-82 I. IRC Bid #5023 Bobbi J Subdivision Water Assessment Project (memorandum dated November 19, 2002) 83-112 J. Bid Awards IRC Bid #5020 Annual Bid for General Fill Dirt (memorandum dated November 21, 2002) 113-134 K. IRC Bid #5028 West Regional Wastewater Treatment Facility Sludge Thickener Support (memorandum dated November 15, 2002) L Restoration Bonding for Corrigan Ridge — Phase I Sand Mine (memorandum dated November 21, 2002) 166-170 M. Property Acquisitions — Tax Cancellations (memorandum dated November 21, 2002) 171-183 10-20 21-29 30 31-47 135-165 ti 4101 2 • • 7. CONSENT AGENDA (cont'd.): N. Agreement: Indian River County Fair Association, Inc. (memorandum dated November 19, 2002) O. Employment Agreement: Marian E Fell, Assistant County Attorney (memorandum dated November 25, 2002) P. Clerk's Costs — 2001 County Tax Deed Applications (memorandum dated November 24, 2002) Request for Cut and Fill Balance Waiver for Lot 15, Block 20, Vero Lake Estates, Unit 4 (memorandum dated November 19, 2002) Q• 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9. PUBLIC ITEMS A. PUBLIC HEARINGS None B. PUBLIC DISCUSSION ITEMS 1. Request from Fred N. Bohler, Jr. to Address Drainage Problems at Heron Cay Mobile Home Community (letter dated November 18, 2002) 2. Request from Jerry L Summers to Speak on the Subject of the Vero Beach/Indian River County Recreation Department Split and the SkyEagle Indian Association (letter dated November 20, 2002) 3. Request from Francis M. Coffey to discuss the matter of the branch library at the Mueller Center (letter dated November 25, 2002) • BACKUP PAGE 184-188 189-191 192-193 194-197 198-220 221 222-287 C. PUBLIC NOTICE ITEMS 1. Scheduled for Public Hearing December 10, 2002: Amend Boundary of the Laurelwood Street Lighting District (no backup provided) 3 { i 10. COUNTY ADMINISTRATOR'S MATTERS Lost Tree Islands Contract (backup provided separately) 11. DEPARTMENTAL MATTERS A. Community Development 1. Request to designate 133rd Place (Manatee Avenue) Right -of -Way Lying North of Bay Street (83rd Avenue) as a "Limited Use Right -of -Way" (Legislative) (memorandum dated November 20, 2002) B. Emergency Services None C. General Services 1. Joint Use Library with Indian River Community College (memorandum dated November 22, 2002) D. Leisure Services None E. Office of Management and Budget None F. Human Resources None G. Public Works 1 17th Street SW Right -of -Way Acquisition JoBar Farms, Inc (memorandum dated November 13, 2002) 2. North County Regional Park, Pool Construction Weller Pool Constructors, Inc., Partial Release of Retainage (memorandum dated November 19, 2002) H. Utilities 1. Suburban Acres 32nd Terrace, Petition Water Service Resolution IV — Final Assessment (memorandum dated November 22, 2002) 4 r BACKUP PAGE 288-297 298-349 350-358 359-365 366-374 • • • BACKUP 11. DEPARTMENTAL MATTERS PAGE H. Utilities (cont'd.): 2. Developer's Agreement with Sciara Enterprises, Inc. (for water main installation on S R 60 between 58th Avenue and 43rd Avenue) (memorandum dated October 31, 2002) 375-387 3. Fiscal Year 2002 — 2003 St. Johns River Water Management District Alternative Water Supply Grant Application for Elimination of Reverse Osmosis Concentrate Into the Indian River Lagoon (memorandum dated November 16, 2002) 388-420 4. North County Water Treatment Plant Concentrate Discharge Relocation (memorandum dated November 15, 2002) I. Human Services None 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Commissioner Kenneth R. Macht, Acting Chairman Commissioner Caroline D. Ginn, Acting Vice Chairman 1, Request for a resolution of support for Jean Kline, Indian River County Health Department Admini- strator (no backup provided) 2. Report from Utilities Advisory Committee (UAC) (no backup provided) C. Commissioner Fran B. Adams D. Commissioner Thomas S. Lowther 5 • 421-431 • • INDEX TO MINUTES OF REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS OF DECEMBER 3, 2002 1. CALL TO ORDER 1 2. INVOCATION 1 3. PLEDGE OF ALLEGIANCE 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 1 5. PROCLAMATIONS AND PRESENTATIONS 2 6. APPROVAL OF MINUTES 2 7. CONSENT AGENDA 2 7.A. REPORTS 2 7.B. APPROVAL OF WARRANTS 2 7.C. APPROVAL OF WARRANTS 2 7.D. OUT -OF -COUNTY TRAVEL - 16TH ANNUAL NATIONAL CONFERENCE ON BEACH PRESERVATION TECHNOLOGY - FEBRUARY 12-14, 2003 - PONTE VEDRA BEACH, FLORIDA - ALL COMMISSIONERS 3 7 E TREASURE COAST ECONOMIC DEVELOPMENT DISTRICT RESIGNATION OF FRANCIS M. COFFEY AS THE DISTRICT 2 APPOINTEE 3 7.F. GRACE PINES SUBDIVISION - HABITAT FOR HUMANITY - FINAL PLAT APPROVAL - CONTRACT FOR CONSTRUCTION OF REMAINING REQUIRED IMPROVEMENTS AND CASH DEPOSIT AND ESCROW AGREEMENT 3 7.G. EMERALD ESTATES (F/K/A TYLER'S PLACE) - DEMETREE- NDIAN RIVER, INC. - FINAL PLAT APPROVAL 4 Di‘ • DECEMBER 3, 2002 1 7.H. LIBRARY SYSTEM - LONG RANGE PLAN UPDATE - STATE AID TO LIBRARIES 4 7.I. BID #5023 - BOBBI J. SUBDIVISION WATER ASSESSMENT PROJECT - UNDERGROUND UTILITIES, INC. 4 7.J. BID #5020 - GENERAL FILL DIRT - STEWART MINING INDUSTRIES (PRIMARY) AND BRIAN JENKINS TRUCKING, INC. (SECONDARY) 5 7.K. BID #5028 - WEST REGIONAL WASTEWATER TREATMENT FACILITY - SLUDGE THICKENER SUPPORT - JIM WRIGHT CONSTRUCTION, INC. 5 7 L CORRIGAN RIDGE - PHASE I SAND MINE - J. PAT CORRIGAN FAMILY LIMITED PARTNERSHIP RESTORATION BONDING 6 7.M. RESOLUTIONS 2002-101/106 CANCELING TAXES UPON PUBLICLY OWNED LANDS; (1) HABITAT FOR HUMANITY - 43RD AVENUE #174 R/W; (2) ROBERT DENTON - CR -510 R/W; (3) ST. THOMAS FUND - 41ST STREET R/W; (4) NATIONAL RESIDENTIAL PROPERTIES - 58TH AVENUE R/W; (5) CAPSTAR RADIO OPERATING CO. - 77TH STREET R/W; AND (6) WILLIAM A\D ROSIE DARNELL - 41ST STREET R/W 6 7.N. INDIAN RIVER COUNTY FAIR ASSOCIATION, INC. AGREEMENT TO CONDUCT COUNTY FAIRS - 2003-2007 - FAIRGROUNDS 7 7.0. MARIAN E. FELL, ASSISTANT COUNTY ATTORNEY - EMPLOYMENT AGREEMENT 8 7.P. 2001 COUNTY TAX DEED APPLICATIONS - CLERK'S COSTS 8 7.Q. MGB CONSTRUCTION - CUT AND FILL BALANCE WAIVER FOR LOT 15, BLOCK 20, VERO LAKES ESTATES, UNIT 4 8 7.R. INDIAN RIVER COUNTY VS. LEGWEN AND FAIRWAYS GOLF CLUB, INC. - CASE NOS. 2002 -0200 -CA -05 AND 97 -0273 -CA -05 DECEMBER 3, 2002 2 BR • • (CONSOLIDATED), CIRCUIT COURT, 19TH JUDICIAL CIRCUIT - DECISION NOT TO APPEAL 9 9.B.1. PUBLIC DISCUSSION ITEM - FRED N. BOHLER, JR. - DRAINAGE PROBLEMS AT HERON CAY MOBILE HOME COMMUNITY 9 9.B.2. PUBLIC DISCUSSION ITEM - JERRY L. SUMMERS - VERO BEACH/INDIAN RIVER COUNTY RECREATION DEPARTMENT - SKY EAGLE INDIAN ASSOCIATION 11 9.B.3. PUBLIC DISCUSSION ITEM - FRANCIS M. COFFEY - BRANCH LIBRARY AT THE MUELLER CENTER, INDIAN RIVER COMMUNITY COLLEGE 11 9.C. PUBLIC NOTICE ITEM - SCHEDULED FOR PUBLIC HEARING ON DECEMBER 10, 2002 - BOUNDARY AMENDMENT OF LAURELWOOD STREET LIGHTING DISTRICT 13 11.A.1. RESOLUTION 2002-107 DESIGNATES 133 PLACE (MANATEE AVENUE) LYING NORTH OF BAY STREET (83 AVENUE) A LIMITED USE RIGHT-OF-WAY (KARL VOLK - WAUREGAN BOAT CLUB) 13 11.C.1. LIBRARY BRANCH AT MUELLER CE\TER- JOINT USE WITH INDIAN RIVER COMMUNITY COLLEGE (10 SALES TAX) 14 11.G.1. 17TH STREET S.W. RIGHT-OF-WAY ACQUISITION (27TH AVE S W.) - JOBAR FARMS, INC. 15 11.G.2. NORTH COUNTY REGIONAL PARK - PROJECT 9926 - WELLER POOL CONSTRUCTORS, INC. -PARTIAL RELEASE OF RETAINAGE 15 11.H.1. RESOLUTION 2002-108 CERTIFYING "AS -BUILT" COSTS FOR INSTALLATION OF WATER SERVICE TO SUBURBAN ACRES (32ND TERRACE) - PROJECT UCP -2006 - FINAL ASSESSMENT 15 DECEMBER 3. 2002 3 / 1 n • 11.H.2. SCIARA ENTERPRISES, INC. - DEVELOPER'S AGREEMENT FOR WATER MAIN INSTALLATION ON SR -60 BETWEEN 58TH AVENUE AND 43RD AVENUE 16 11.H.3. INDIAN RIVER LAGOON -FY 2002/ 2003 ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ALTERNATIVE WATER SUPPLY GRANT APPLICATION FOR ELIMINATION OF REVERSE OSMOSIS CONCENTRATE - CAMP, DRESSER, MCKEE - COST -SHARE PROGRAM 16 11.H.4. NORTH COUNTY WATER TREATMENT PLANT CONCENTRATE DISCHARGE RELOCATION (NORTH COUNTY BRINE PROJECT) - FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION - MASTELLER & MOLER - (WORK AUTHORIZATION #2) - 16" BRINE LINE RELOCATION FROM CR -510 BRIDGE TO BENT PINE RAPID INFILTRATION BASIN 17 13.B.1. RESOLUTION 2002-109 -ACTING VICE CHAIRMAN CAROLINE D. GINN - RESOLUTION OF SUPPORT FOR JEAN KLINE, INDIAN RIVER COUNTY HEALTH DEPARTMENT ADMINISTRATOR 17 13.B.2. ACTING VICE CHAIRMAN CAROLINE D. GINN - REPORT FROM UTILITIES ADVISORY COMMITTEE -CONTINUE SLUDGE MORATORIUM (OUT OF COUNTY). 18 13 E COMMISSIONER ARTHUR R. NEUBERGER - DISCUSSION OF TRANSCRIPTION OF MINUTES OF BOARD MEETINGS - APPPROVAL OF SUMMARY MINUTES 18 14.A. EMERGENCY SERVICES DISTRICT 19 14.B. SOLID WASTE DISPOSAL DISTRICT 19 14.C. ENVIRONMENTAL CONTROL BOARD 19 15. ADJOURNMENT 19 DECEMBER 3; 2002 4 • • December 3, 2002 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, December 3, 2002, at 9:00 a.m. Present were Kenneth R. Macht, Acting Chairman; Caroline D. Ginn, Acting Vice Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Arthur R. Neuberger. Also present were James E. Chandler, County Administrator; Paul G. Bangel, County Attorney; and Maria I. Suesz, Deputy Clerk. 1. CALL TO ORDER Acting Chairman Macht called the meeting to order. 2. INVOCA TION Planning Director Stan Boling delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Adams led the Pledge of Allegiance to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Acting Chairman Macht requested the following changes to today s Agenda: 1. Add Item 7.R., Indian River County vs. Legwen and Fairways Golf Club. Inc. — Case \os. 2002 -0200 -CA -05 and 97 -0273 -CA -05 (Consolidated), Circuit Court, 19th Judicial Circuit 2. Replace page 294 of Item 11.A.1. - Request to Designate 133`' Place (Manatee Avenue) lying North of Bay Street (83`d Avenue) as a "Limited Use Right of Way" 3. Defer item 10. for one week, Lost Tree Islands Contract ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously (5-0) made the above changes to the Agenda. DECEMBER 3, 2002 1 rtv i • 4i J • 'II 4414 14. 4LS 'i 4 : /s None. 6. APPROVAL OF MINUTES None. 7. CONSENT AGENDA Acting Chairman Macht asked that Item 7.R. be pulled for discussion. 7.A. REPORTS The following report has been received and is on file in the office of the Clerk to the Board: 1 Report of Convictions, October 2002 7.B. APPROVAL OF WARRANTS ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for November 8-14, 2002, as requested in the memorandum. 7.C. APPROVAL OF WARRANTS ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (5-0) approved the list of Warrants as issued by the Clerk to the Board for November 15-21, 2002, as requested in the memorandum. DECEMBER 3, 2002 2 • • • 7.D. OUT -OF -COUNTY TRAVEL-16THAlVNUAL NATIONAL CONFERENCE ON BEACH PRESERVATION TECHNOLOGY - FEBRUARY 12-14, 2003 -PONTE VEDRA BEACH, FLORIDA - ALL COMMISSIONERS ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (5-0) approved out -of -county travel for all Commissioners, as requested. 7.E. TREASURE COAST ECONOMIC DEVELOPMENT DISTRICT - RESIGNATION OF FRANCIS M. COFFEY AS THE DISTRICT 2 APPOINTEE ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (5-0) accepted, with regret, the resignation of Francis M Coffey as the District 2 Appointee to the Treasure Coast Economic Development District. 7.F. GRACE PINES SUBDIVISION - HABITAT FOR HUMANITY - FINAL PLAT APPROVAL - CONTRACT FOR CONSTRUCTION OF REMAINING REQUIRED IMPROVEMENTS AND CASH DEPOSIT AND ESCROW AGREEMENT ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (5-0) granted final plat approval for Grace Pines Subdivision and authorized the Chaiinian to execute the submitted Contract for Construction of Remaining Required Improvements and Cash Deposit and Escrow Agreement, as recommended by staff. COPY OF CONTRACT & AGREEMENT ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DECEMBER 3, 2002 3 G�� 7.G. EMERALD ESTATES (F/K/A TYLER'S PLACE) - DEMETREE- INDIANRIVER, INC. - FINAL PLAT APPROVAL ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (5-0) granted final plat approval for Emerald Estates, as recommended in the memorandum. 7.H. L IBRA R Y SYSTEM - LONG RANGE PLAN UPDATE - STATE AID TO LIBRARIES ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (5-0) approved the update to the Long Range Plan and authorized staff to forward it to the appropriate State Library staff, as recommended in the memorandum. 7.I. BID #5023 - BOBBI J. SUBDIVISION WATER ASSESSMENT PROJECT - UNDERGROUND UTILITIES, INC. ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (5-0) awarded Bid #5023 to Underground Utilities, Inc. in the amount of $32,428 and approved the Agreement and authorized the Chairman to execute same when required performance and payment bonds have been submitted along with appropriate certification of insurance and the County Attorney has approved the agreement as to form and legal sufficiency; all as recommended in the memorandum. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DECEMBER 3, 2002 4 1- 7.J. BID #5020 - GENERAL FILL DIRT - STEWART MINING INDUSTRIES (PRIMARY) AND BRIAN .TENKINS TRUCKING, INC. (SECONDARY) ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther the Board unanimously (5-0) awarded Bid #5020 to Stewart Mining Industries, as the primary vendor for all zones listed in the bid Including County pick-up, and to Brian Jenkins Trucking, Inc., as the secondary vendor for County pick-up only; and establish an open end contract for the period November 1, 2002 through September 30, 2003 with recommended bidders; and authorized the Purchasing Manager to renew this contract for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, vendor acceptance and the determination that renewal of this annual contract is in the best interest of the County, as recommended in the memorandum. AGREEMENT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN, EXECUTED AND RECEIVED. 7.K. BID #5028 - WEST REGIONAL WASTEWATER TREATMENT FACILITY - SLUDGE THICKENER SUPPORT - JIM WRIGHT CONSTRUCTION, INC. ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (5-0) awarded Bid #5028 to Jim Wright Construction, Inc. in the amount of $27,900 and approved the Agreement; authorized the Chairman to execute same when required performance and payment bonds have been submitted along with appropriate certification of insurance, and the County Attorney has approved the agreement as to form and legal sufficiency; all as recommended in the memorandum. DECEMBER 3. 2002 AGREEMENT AND BID DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 5 BK 124 PG 749 • 7.L. CORtRI GAN RIDGE — PILSE I SAND MINE — J. PAT CORRI GAN FAIVIIL Y LIMITED PARTNERSHIP RESTORATION BONDING ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (5-0) approved the Cash Deposit and Escrow Agreement No. SP -MA -95-01-02 and authorized the Chairman to execute same, as recommended in the memorandum. COPY OF CASH DEPOSIT AND ESCROW AGREEMENT ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.M. RESOLUTIONS 2002-101/106 CANCELING TAXES UPON PUBLICLY OWNED LANDS; (1) HABITAT FOR HUMANITY— 43RD AVENUE #174 R/W: (2) ROBER T DENTON — CR -510 R/W; (3) ST THOMAS FUND — 41sT STREET R/W; (4) NATIONAL, RESIDENTIAL, PROPERTIES — 58TH AVENUE R/W; (5) CAPSTAR RADIO OPERATING CO. — 77TH STREET R/W; AND (6) WILLIAM AND ROSIE DARNEL,I, — 41sT STREET R/W ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (5-0) adopted Resolution 2002-101 canceling taxes upon publicly owned lands, pursuant to section 196.28, Florida Statutes (Habitat for Humanity — 43`d Avenue #174 Right -of - Way). ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (5-0) adopted Resolution 2002-102 canceling taxes upon publicly owned lands, pursuant to section 196.28, Florida Statutes (Robert Denton — CR -510 Right -of -Way). DECEMBER 3, 2002 6 BK 124 PG 750 • • • ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (5-0) adopted Resolution 2002-103 canceling taxes upon publicly owned lands, pursuant to section 196.28, Florida Statutes (St. Thomas Fund — 41st Street Right -of -Way). ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (5-0) adopted Resolution 2002-104 canceling taxes upon publicly owned lands, pursuant to section 196.28, Florida Statutes (National Residential Properties — 58th Avenue Right -of - Way). ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (5-0) adopted Resolution 2002-105 canceling taxes upon publicly owned lands, pursuant to section 196.28, Florida Statutes (Capstar Radio Operating Co. — 77th Street Right -of - Way). ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (5-0) adopted Resolution 2002-106 canceling taxes upon publicly owned lands, pursuant to section 196.28, Florida Statutes (William and Rosie Darnell — 41st Street Right -of -Way). 7.N. INDIAN RIVER COUNTY FAIR ASSOCIATION, INC. AGREEMENT TO CONDUCT COUNTY FAIRS - 2003-2007- FAIRGROUNDS ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (5-0) approved the Agreement with Indian River County Fair Association, Inc. for five years with a payment and reporting deadline by July 15th of each year instead of June 30th ; and the provision that, if available, the County may provide traffic barriers and traffic cones and authorized the Chairman to execute the Agreement, as recommended in the memorandum. DECEMBER 3, 2002 7 • 1 1' AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.0. MARIAN E. FELL, ASSISTANT COUNTY ATTORNEY - EMPLOYMENT A GRE EMENT ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (5-0) approved the Employment Agreement with Marian E Fell, Assistant County Attorney, commencing November 13, 2002 and authorized the Chairman to execute same, as recommended in the memorandum. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.P. 2001 COUNTY TAX DEED APPLICATIONS - CLERK'S COSTS ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (5-0) authorized payment to the Clerk in the amounts of $3,103.66 and $16,972.90, as recommended in the memorandum. 7.Q MGR CONSTRUCTION- CUT AND FILL. BALANCE WAIVER FOR LOT 15. BLOCK 20. VERO LAKES ESTATES, UNIT 4 ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (5-0) granted the cut and fill balance waiver based on the criteria of Section 930.07(2)(d) 4, as recommended in the memorandum. DECEMBER 3, 2002 8 • • • 7.R. INDIAN RIVER COUNTY VS. LEGWENAND FAIRWAYS GOLF CLUB. INC. - CASE NOS. 2002 -0200 -CA -05 AND 97 -0273 -CA -05 (CONSOLIDATED),,CIRCUIT CURT, 19TH JUDICIAL CIRCUIT - DECISION NOT TO APPEAL Acting Chairman Macht made comment contesting the attorney's fees in the amount of $51,200.00 awarded by Judge Hawley as being a tremendous amount. Deputy County Attorney Collins said he filed a motion in opposition and argued that a reasonable attorney's fee based upon statutory factors would be $19,503.82. However an appeal would involve additional attorney's fees and court fees to the County and he recommended that no appeal be taken. ON MOTION by Acting Chairman Macht, SECONDED by Commissioner Adams, the Board unanimously (5-0) decided that no appeal be taken, as recommended by staff. 9. B.1. PUBLIC DISCUSSION ITEM - FRED N. BOHLER, JR. - DRAINAGE PROBLEMS AT HERON CA Y MOBILE HOME COMMUNITY Fred Bohler, 42 Calypso Cay, Heron Cay, recounted standing-water/stormwater drainage problems that have been on-going for more than a year at Heron Cay Mobile Home Community. Community Development Director Robert Keating and other staff were very helpful and had written the park owner explaining what needed to be done in order to get the drainage problems corrected. The park owner's attorney wrote back advising that the problem belongs to the individual homeowners. More correspondence has been sent and the situation has gone on too long. He had been waiting for Deputy County Attorney Collins to write the park owner asking that he abide by the conditions set out in Mr Keating's earlier letter. He was now appealing to the Board for action. Deputy County Attorney Collins concurred with Mr. Bohler's comments adding that although the park owner's attorney believed responsibility for the drainage was that of the unit DECEMBER 3, 2002 9 r. 1 • owners, he had not come to that conclusion nor did he agree with that opinion. He estimated that writing such a letter would take about two hours of his time. He apologized to Mr. Bohler and said he thought he was as frustrated as Mr. Bohler. He then explained that other priorities had occupied his time such as Calpine, Lost Tree, VAB, 7 active litigation cases, grant deadlines, and purchase of property for jail expansion. Each matter takes time. Commissioner Adams recognized that Mr. Collins, as the most seasoned attorney in the County Attorney's office, does a tremendous amount of work. It seemed to her that this should have gone through Code Enforcement. Deputy County Attorney Collins advised that ultimately this would go to Code Enforcement but staff looked to him to see who should be cited. Discussion ensued whereupon County Attorney Paul Bangel advised he would arrange to see that this matter is handled. Acting Vice Chairman Ginn spoke in defense of Mr Collins hoping that Mr. Bohler understood and assuring him that this will be taken care of as soon as possible. She also wished the Health Department to be advised. Administrator Chandler added that staff believed responsibility rested with the park owner, but then the attorneys got involved. He confirmed that the Health Department had been notified and concurred that the situation needs to be resolved. Commissioner Neuberger questioned the time involved and asked if an engineer could tell him the problem and whether or not the development was built to specifications. Community Development Director Robert Keating explained that he and County Engineer Chris Kafer had visited the mobile home park. They were not sure of the genesis of the DECEMBER 3. 2002 10 pitn 75[, • • • • problem. In his letter to the park owner, the owner was directed to have an engineer survey and determine the magnitude of the problem and to design solutions. The County felt the burden was on the park owner to identify the solutions and be responsible for their execution. Commissioners expressed their concerns about the time element and Acting Chairman Macht remarked it resulted from the involvement of lawyers on both sides. He thanked Mr. Bohler for bringing this to their attention and assured him it will get resolved. 9.B.2. PUBLIC DISCUSSION ITEM - JERRY L. SUMMERS — VERO BEACH/INDIAN RIVER COUNTY RECREATION DEPARTMENT — SKY EAGLE INDIAN ASSOCIATION Jerry Summers, a resident of 6th Street, Vero Beach spoke about the Recreation Department split between the County and the City of Vero Beach. He stated many facts were overlooked regarding the employees and the community in general and he was asking for a full investigation. Acting Chairman Ken Macht concurred with a recommendation from Commissioner Tom Lowther requesting Mr. Summers bring this matter before the Parks and Recreation Committee at their next meeting and to report back to the Board, if necessary. 9.R.3. PUBLIC DISCUSSION ITEM— FRANCIS M. COFFEY— BRANCH LIBRARY AT THE MUELLER CENTER, INDIAN RIVER COMMUNITY COLLEGE Clerk's Note: See related item 11.C.1. Frank Coffey, a resident at 5015 Fairway Circle, Vero Beach, spoke about the proposed joint library at the Indian River Community College (IRCC) Mueller Center. There have been a lot of general comments regarding a branch library at the Public Library Advisory Board (PLAB) meetings, but no meaningful discussions to quantify the most desirable location of a branch. He felt it was inappropriate for County staff to meet with IRCC officials prior to any meaningful discussions with members of the PLAB regarding the location of a library at the Mueller Center. He recommended that the Board conduct workshops to receive taxpayers' comments regarding projects to be funded from the extension of the 1 d sales tax. DECEMBER 3, 2002 11 E 1 PIMA Commissioner Ginn said before she could vote on any issue we need to have a public hearing and a public workshop on our priorities for the next five years on the 1 ct optional sales tax. Mr. Baird suggested several projects, but no public hearings were conducted and we promised the public that this would be done. Assistant County Administrator Joe Baird advised he had listed projects for the next five years when the 1¢ sales tax was presented to the Board, which included the libraries, the jail, and the fire stations. Mr Baird understood these projects have already been approved by the Board, and were published in the newspaper. He clarified that the meeting with IRCC officials was only exploratory, in order to gather information. He suggested that it be put on the agenda for the PLAB and on the agenda for the Board at this meeting for the concept to be considered. He stressed that no commitment was made. Acting Chairman Macht concurred with Mr. Baird adding that the proposal to locate a branch library at IRCC was originally presented to the Board three years ago by Commissioner Carolyn Eggert and the concept was approved at that time. County Administrator James Chandler explained that the library funds set aside for a west library branch had been reallocated for the renovations at the Main Library and the expansion of the North County Library. Commissioner Ginn asked that the Board be apprised prior to any meetings. Mr. Baird restated that it was an initial meeting to gather information in order to present to the Board. Acting Chairman Macht felt it is eminently correct for members of staff and appropriate Commissioners to discuss an issue such as this with anybody. He did not understand the objection. Nothing is set into motion until the Board approves it in front of the public. Commissioner Ginn felt it is appropriate to have another public hearing, to afford the two new Commissioners an opportunity to voice an opinion before we set priorities on the one -cent sales tax. DECEMBER 3, 2002 12 • • • • Commissioner Adams suggested researching the library item and coming back with a prioritization meanwhile, she agreed a workshop on sales tax money would be helpful and the proposed projects for those funds over the course of the next fifteen years Commissioner Neuberger felt that we need a public hearing to reaffirm what has already been established. He felt it was unnecessary to have a workshop. Acting Chairman Macht pointed out that IRCC is working with the Legislature to obtain a subgrant that would produce a 4 -year university. This would bring employment opportunities to our community. He asked the Board to look at this matter as a leveraged item to put before the Legislature. In the interest of informing the public and since Dr. Massey would be making a presentation, he deferred further discussion to 11.C.1. 9 C. PUBLIC NOTICE ITEM - SCHEDULED FOR PUBLIC HEARING ON DECEMBER 10, 2002 - BOUNDARY AMENDMENT OF LAUREL WOOD STREET LIGHTING DISTRICT The Chairman announced the above public hearing. 11.A.1. RESOLUTION 2002-107 DESIGNATES 133RD PLACE (MANATEE AVENUE) LYING NORTH OF BAY STREET (83RD AVENUE) A LIMITED USE RIGHT-OF-WAY (KARL VOLK - WAUREGAN BOAT CLUB) Planning Director Stan Boling met with the president of Wauregan Boat Club who requested specific reference in this resolution to the Club s continued use of the right of way as had been done for decades. Mr. Boling recommended adoption of the resolution with the additional statement. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously (5-0) adopted Resolution #2002-107 providing for the segment of 133rd Place (Manatee Avenue) lying north of Bay Street (83r1 Avenue) to be designated as a limited use right-of- way (Karl Volk — Wauregan Boat Club) with amendment to page 1 stating that "the Town of Wauregan subdivision shall continue to have DECEMBER 3, 2002 13 3/ the right to drive and park vehicles within the right-of-way and shall continue to have access and use of the adjacent dock facility". 11.0 1 L IRRA R Y BRANCH AT MUELLER CENTER- JOINT USE WITH INDIAN RIVER COMMUNITY COLLEGE (1 ¢ SALES TAX) General Services Director Tom Frame briefly reviewed the history of the funding for additional library branches, noting that the funds that had been allocated for a new branch had been used in the renovations to the Main and the North County Libraries. The matter of a new branch was then taken to the PLAB and their recommendation was to further negotiate with IRCC for anoint use library at the Mueller Campus. Dr. Edwin Massey, President of Indian River Community College, made a brief presentation regarding the Campus' plans for expansion and noted that everyone seems to agree that the County, IRCC and the taxpayers would benefit from a joint -use library in that area. Commissioners Lowther, Ginn and Macht spoke in support of the concept. ON MOTION by Commissioner Lowther, SECONDED by Commissioner Ginn, the Board unanimously (5-0) designated the next branch library as listed in the approved capital projects list of the first five-year plan for the extended 10 sales tax as a joint use facility on the Mueller Campus as recommended by the Public Library Advisory Board, subject to satisfactory negotiations and agreements for joint use and costs between the County and Indian River Community College, as recommended by staff. COPY OF DR. MASSEY'S PRESENTATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD IN THE BACKUP FOR THIS MEETING DECEMBER 3. 2002 14 • • • 11.G 1 17TH STREET S. W. RIGHT -OF -WA YACQUISITION (27TH AVE. ,S: W) - JOBA R FARMS, INC. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Adams, the Board unanimously (5-0) approved the $23,000 purchase, plus attorney s fees not to exceed $1,000 and authorized the Chairman to execute the contract, as recommended in the memorandum. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. 11.6.2. NORTH COUNTY REGIONAL PARK- PROJECT 9926 - WELLER POOL CONSTRUCTORS, INC - PARTIAL RELEASE OF RETAINAGE ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously (5-0) approved the request for partial release of retainage totaling $141,278.40 (80%), as recommended in the memorandum. DOCUMENTATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. 11.H.1. RESOLUTION 2002-108 CERTIFYING "AS -BUILT" COSTS FOR INSTALLATION OF WA TER SER VICE TO SUBURBAN ACRES (32ND TERRACE) - PROJECT UCP -2006 - FINAL ASSESSMENT ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously (5-0) adopted Resolution 2002-108 certifying "as -built" costs for installation of water service to Suburban Acres (32nd Terrace) in Indian River County, Florida and such other construction necessitated by such project; providing for formal completion date and date for payment without penalty and interest, as recommended in the memorandum. DECEMBER 3, 2002 15 ri 11.1.2. SCIARA ENTERPRLSES, INC. - DEVELOPER'S AGREEMENT FOR WATER MAIN INSTALLATION ON SR -60 BETWEEN 58TH AVENUE AND 43RDAVENUE ON MOTION by Commissioner Ginn, SECONDED by Commissioner Adams, the Board unanimously (5-0) approved the Developer's Agreement for water main installation on SR 60 between 58th Avenue and 43`d Avenue and authorized the Chairman to execute same, as recommended in the memorandum. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. 11.H.3 INDIAN RIVER LAGOON -FY 2002/ 2003 ST..TOHNS RIVER WATER MANAGEMENT DISTRICT ALTERNATIVE WATER ,SUPPLY GRANT A PPL ICA TION FOR ELIMINATION OF REVERSE OSMOSIS CONCENTRATE - CAMP, DRESSER, MCKEE - COST -SHARE PROGRAM ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously (5-0) approved the grant application, authorized matching funding of construction of the projects (upon receipt of grant), and authorized the Chairman to execute applications and agreements associated with the grant, as recommended in the memorandum. COPY OF GRANT APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DECEMBER 3, 2002 16 • • 11. H. 4. NORTH COUNTY WATER TREATMENT PLANT CONCENTRATE DISCHARGE RELOCATION (NORTH COUNTY BRINE PROJECT) - FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION - MASTELLER & MOLER - (WORK A UTHORIZA TION #2) - 16' BRINE TINE RELOCA TION FROM CR -510 BRIDGE TO BENT PINE RAPID INFIL TRA TION BASIN ON MOTION by Commissioner Ginn, SECONDED by Commissioner Adams, the Board unanimously (5-0) approved Work Authorization #2 for Engineering Services for Concentrate Disposal Relocation Design, Permitting Bid Administration and Inspection Services during construction to Masteller & Moler, Inc. for the amount of $117,240 and authorized the Chairman to execute same, as recommended in the memorandum. WORK AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13. R.1. RESOLUTION 2002-109 -ACTING VICE CHAIRMAN CAROLINE D GINN- RESOLUTION OFSUPPORT FOR JEANKLINE, INDIAN RIVER COUNTY HEALTH DEPARTMENT A DMINISTRA TOR Commissioner Ginn asked the Board to adopt a resolution supporting Jean Kline, Health Department Administrator, in her position for her upcoming review with the Governor. Commissioners Adams and Macht expressed their consent. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously (5-0) adopted Resolution 2002-109 supporting Jean Kline, Administrator, who is highly regarded locally and recommending that she be reappointed to her current position as Health Department Administrator. DECEMBER 3, 2002 17 r,•� t;st i r. 13.B.2. ACTING VICE CHAIRMAN CAROLINE D. GINN- REPORT FROM UTILITIES AD VISOR Y COMMITTEE -CONTINUE SLUDGE MORATORIUM (OUT OF COUNTY). Commissioner Ginn reported that the Utilities Advisory Committee recommended keeping the moratorium in place until 3/15 for out -of -county sludge. ON MOTION by Commissioner Lowther, SECONDED by Commissioner Neuberger, the Board unanimously (5-0) approved keeping the moratorium on accepting out -of -county sludge in place until March 15, 2003, as recommended by the Utility Advisory Committee. 13.E. COMMISSIONER ARTHUR R. NEUBERGER - DISCUSSION OF TRANSCRIPTION OF MINUTES OF BOARD MEETINGS -APPPROVAL OF SUMMARY MINUTES Commissioner Neuberger recommended summary minutes versus the lengthy involved minutes currently in use due to the time involved in getting the minutes back to the Board for approval. He exhibited a sample set of summarized minutes that resulted in 21 pages as opposed to 85 pages. Clerk of the Circuit Court Jeff Barton confirmed that his staff can have the minutes done in a more timely manner preparing summarized minutes. We would still have audio and video tapes and all the backup used for the meetings kept as a permanent record. Acting Chairman Macht said that it was time that we converted from video to DVD and also suggested that this extend to the Board's committee meeting minutes, as well. ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously (5-0) approved going to summarized minutes of the Board of County Commissioners' meetings and the Board of County Commissioners' Committee meetings, as suggested by Commissioner Neuberger. DECEMBER 3. 2002 18 • • J4.A. EMERGENCY SERVICES DISTRICT None. 14.B. SOLID WASTE DISPOSAL DISTRICT None. 14.C. ENVIRONMENTAL CONTROL BOARD None. 15 AD.TOURNMENT There being no further business, ON MOTION duly made, SECONDED and carried, the Board adjourned at 10:34 a.m. ALL BACKUP DOCUMENTATION, RESOLUTIONS, ORDINANCES AND CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. ATTEST: R cm Jeffrey K. Barton, Clerk Minutes Approved: JAN 0 7 2003 12/03/02BCC/MIS/2002Minutes DECEMBER 3, 2002 19 ../ /1.7(1(7 -- Kenneth L _ 2f{ -' Kenneth R. Macht, Acting Chairman