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HomeMy WebLinkAbout2/4/2003MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIMER COUNTY, FLORIDA AGENDA TUESDAY, FEBRUARY 4, 2003 - 9:00 A.M. County Commission Chamber County Administration Building 1840 25th Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS Kenneth R. Macht, Chairman Caroline D. Ginn, Vice Chairman Fran B. Adams Thomas S. Lowther Arthur R. Neuberger 9:00 a.m. 1. CALL TO ORDER District 3 District 5 James E. Chandler, County Administrator District 1 Paul G. Bange , County Attorney District 4 Kimberly Massung, Exec itive Aide to BCC District 2 Jeffrey K. Barton, Clerk to the Board BACKUP PAGES 2. INVOCATION Chaplain Elmer Vogelsang Indian River County Sheriff's Office 3. PLEDGE OF ALLEGIANCE, Comm. Thomas S. Lowther 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS ADDITIONS: 5.A. Presentation by Joe Martorana of the Veterans' Council 7.D.D. Temporary Use Agreement for Ambersand Beach Restoration 3roject 9.13.4. Brian Heady Speak on Pollution Plume - New County Facility 13.D. Staff Update on Firefighter and Paramedic Certification RE -NUMBERED: 7.Z.1, 7.Z.2., 72.3. to 7.A.A.., 7. B.B., AND 7.C.C. 5. PROCLAMATION and PRESENTATIONS None 6. APPROVAL OF MINUTES None 1 li j MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIMER COUNTY, FLORIDA AGENDA TUESDAY, FEBRUARY 4, 2003 - 9:00 A.M. County Commission Chamber County Administration Building 1840 25th Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS Kenneth R. Macht, Chairman Caroline D. Ginn, Vice Chairman Fran B. Adams Thomas S. Lowther Arthur R. Neuberger 9:00 a.m. 1. CALL TO ORDER District 3 District 5 James E. Chandler, County Administrator District 1 Paul G. Bange , County Attorney District 4 Kimberly Massung, Exec itive Aide to BCC District 2 Jeffrey K. Barton, Clerk to the Board BACKUP PAGES 2. INVOCATION Chaplain Elmer Vogelsang Indian River County Sheriff's Office 3. PLEDGE OF ALLEGIANCE, Comm. Thomas S. Lowther 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS ADDITIONS: 5.A. Presentation by Joe Martorana of the Veterans' Council 7.D.D. Temporary Use Agreement for Ambersand Beach Restoration 3roject 9.13.4. Brian Heady Speak on Pollution Plume - New County Facility 13.D. Staff Update on Firefighter and Paramedic Certification RE -NUMBERED: 7.Z.1, 7.Z.2., 72.3. to 7.A.A.., 7. B.B., AND 7.C.C. 5. PROCLAMATION and PRESENTATIONS None 6. APPROVAL OF MINUTES None 1 li 17, li 7. { •r T CONSENT AGENDA BACKUP A. Received and placed on file in office of Clerk to the Bcard: PAGES 1) Fellsmere Water Control District Financial Audit and Financial Report for the Year Ended 09/30/2 2) Sheriff's DUI Impoundment and Immobilization Trust Fund Report for the First Quarter of 2003 3) Indian River Farms Water Control District Anmial Local Government Financial Report and General. Purpose Audited Financial Statements for Year Ended 09/30/02 B. Approval of Warrants (memorandum dated January 16, 2003) 1-10 C. Approval of Warrants (memorandum dated January 23, 2003) 11-16 D. Election of Planning and Zoning (P&Z) Chairman and Vice Chairman (memorandum dated January 22, 2003) 17 E. Appointments to the Economic Development Council (memorandum dated January 21, 2003) 18-21 F. Out of County Travel for Commissioners to Attend Legislative Day, March 26, 2003 (memorandum dated January 16, 2003) 22-25 G. Out of County Travel for Commissioners to Attend Florida Association of Counties 74th Annual Conference June 18-20, 2003 (memorandum dated January 27, 2003) 26-27 H. Election of Code Enforcement Board Chairman (memorandum dated January 28, 2003) 28 I• 2003 Treasure Coast Regional Planning Council (TCRPC) Members and Alternates (memorandum dated January 28, 2003) 29-32 J. Grant -In -Aid Agreement for Child Dependency Court Representation (memorandum dated January 22, 2003) 33-39 K. Payments to Vendors of Court Related Costs (memorandum dated January 16, 2003) 40-41 2 6 -77 777 t 11 1-777777- If I I I ,4 O}^;°r 3" $ti,,�,�+.,�.x�-y,,-yh i - - yn ^''� k"°"r'F"a.r "N°'°a'^s`.,�� 7 +C,.,\ t y� 4''i��v. �Y+^^�O �mL. ;d�"�r,Las..0- - ISI 7. CONSENT AGENDA (cont'd.): BACKUP L, Resolution for Assistance Under FIND Waterways PAGES Assistance Program for Jungle Trail Shoreline Stabilization (memorandum dated January 20, 2003) 42-67 M, Out of County Travel for Commissioners Lowther and Neuberger (memorandum dated January 28, 2003) 68-71 N. Workers' Compensation Settlement (memorandum dated January 16, 2003) 72 O. Kenwood Village Planned Development — Cash Bond for 1 -Year Maintenance Warranty for Utility Facilities (memorandum dated January 21, 2003) 73-81 P. Schulke, Bittle, and Stoddard Inc., Request for Extension of Site Plan Approval for a Medical Office on Lot 2 of Grove Place (memorandum dated January 21, 2003) 82-86 Q. Gifford Youth Activities Center Lease Agreement - Treatment for Financial Reporting Purposes (memorandum dated January 28, 2003) 87-88 R. Drums m Free Comunities Support Program — Substance Abuse Council Grant Application (memorandum dated January 29, 2003) 89-90 S, Sharon Nicholson, Trustee, v. Indian River County; Case No. 99 0739 CA 05; Circuit Court, Nineteenth Judicial Circuit (memorandum dated January 29, 2003) 91 T. Lost Tree Closing (memorandum dated January 28, 2003) 92-106 U. Approval of Bid Award and Sample Agreement for IRC Bid #5031 - Exhaust Fan Replacement at the South County Water Plant (memorandum dated January 20, 2003) 107-125 rk 3 3 7. CONSENT AGENDA (cont'd.): V. Approval of Bid Award and Sample Agreement for IRC Bid #5034 - 16" Sewage Force Main on Old Dixie Highway from 48th Street to North County Wastewater Treatment Facility and 53rd Street Easement from Old Dixie High- way West and South to Central Regional Wastewater Treatment Facility (memorandum dated January 20, 2003) W. Request for Floodplain Cut and Fill Balance Waiver for Lot 15, Block 24, Vero Lake Estates, Unit 5A (memorandum dated January 21, 2003) X. Fountainhead Development Associates' Request for Extension of Site Plan Approval for a Multi -Family Residential Development (memorandum dated January 29, 2003) Y. Anne (Boyer) Strickland Request for Release of Easement at 8865 22nd Street (Paradise Park Subdivision Unit 2) (memorandum dated January 28, 2003) Z. Recommendations of the Indian River County Extension Services Ad Hoc Committee (memorandum dated January 29, 2003) (� R .�"1' Miscellaneous Budget Amendment 005 (memorandum dated January 29, 2003) �j: V• A7Z� 24th Avenue Right -of -Way Acquisition Lucinda W. Eddy (memorandum dated January 23, 2003) .✓' Odor Scrubbing System Design Build Construction WCG Work Authorization #6, Request for Final Payment (memorandum dated January 27, 2003) 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 11 BACKUP PAGES 126-159 160-163 164-170 171-181 182-219 220-225 226-232 233-243 9. BACKUP PUBLIC ITEMS PAGES A. PUBLIC HEARINGS 1. Charles Sullivan, Jr.'s Request for Abandonment', of a Portion of 881h Court between 8" Street and 12th Street (Legislative) (memorandum dated January 27, 2003) 244-251 2. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 90-175 CODIFYING AND PUBLISHING THE ORDINANCES PUBLISHED IN THE CODE OF INDIAN RIVER COUNTY UP TO AND INCLUDING SUPPLEMENT 44 THERETO, READOPTING THE CODE OF INDIAN RIVER COUNTY, DESIGNATING THE CODE OF INDIAN RIVER COUNTY AS THE BEST EVIDENCE OF THE CURRENT LAW OF INDIAN RIVER COUNTY FLORIDA, AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN AFFECTIVE DATE (memorandum dated January 29, 2003) 252-255 B. PUBLIC DISCUSSION ITEMS 1. Request by Bibble Irvin to discuss adverse effects of sand pumping (memorandum dated January 21, 2003) 256 2. Request by Fred Mensing to discuss clarification c f instructions to Attorney re: Law Suit in Progress (letter dated January 29, 2003) 257 3. Consideration of the North Indian River Drive Zoning Study Property Owner Survey (memorandum dated January 28, 2003) 258-281 C. PUBLIC NOTICE ITEMS 1. Scheduled for Public Hearing on Feb. 11, 2003: Florida Ridge Subdivision, Preliminary Water Assessment (memorandum dated January 23, 2003) 282 2. Scheduled for Public Hearing on Feb. 11, 2003: West Side Subdivision, Preliminary Water Assessment (memorandum dated January 23, 2003) 283 3. Scheduled for Public Hearing on March 18, 2003: Proposed Projects for the Optional Sales Tax (no backup provided) kyr � �, � � �� •� � 5 BACKUP 10. COUNTY ADMINISTRATOR'S MATTERS PAGES None 1L DEPARTMENTAL MATTERS A. Community Development None Be EmerLyencv Services None Co General Services None D. Leisure Services None E. Office of ManaLrement and Budget None F. Human Resources None G. Public Works 1. State of Florida Dept. of Transportation (FDOT) Roadway Jurisdiction Transfer Agreement, Addi- tional Work — CR510 (Wabasso Road) — US 1 / St. Rd. 5 to St. Rd. AIA. (memorandum dated January 22, 2003) 284-285 2, Developer's Agreement for The Oaks of Vero Planned Development (memorandum dated January 16, 2003) 286-293 H. Utilities 1. Wildwood Subdivision Petition Water Service 25th Street East of 82"d Avenue (memorandum dated January 24, 2003) 294-299 2. Utilities Maintenance Facility Preliminary Report and Conceptual Plans for WCG, Inc. Work Authorization #7 (memorandum dated January 9, 2003) 300-305 3. Central WWTF Blower Replacement — Request for Final Payment (memorandum dated January 22, 2003) 306-308 'P►f I r) 11 [.hP �z �? 6 I.a4i. 11. DEPARTMENTAL MATTERS (cont'd.). PAGES H. Utilities (cont'd.): 4. Indian River Farms Water Control District Permi: and Interlocal Agreements (memorandum dated January 23, 2003) 309-355 5. Whippoorwill Estates Subdivision Petition Water Service — 62nd Court South of 45th Street Preliminary Assessment Resolutions I and II (memorandum dated January 24, 2003) 356-365 I. Human Services None 12, COUNTY ATTORNEY A. Annual Meeting of Landowners of Indian River Farms Water Control District (memorandum dated January 17, 2003) 369-370 13. COMMISSIONERS ITEMS A. Commissioner Kenneth R. Macht, Chairman Be Commissioner Caroline D. Ginn, Vice Chairman C. Commissioner Fran Be Adams D. Commissioner Thomas S. Lowther E. Commissioner Arthur R. Neuberger 7 pit t' 4... i L { i . 17 7 14. SPECIAL DISTRICTS/BOARDS A. EmerLyencv Services District None B. Solid Waste DisvosaI District 1. Approval of Minutes — meeting of 1/14/03 2. Contract for Recycling Collection Services for Schools/Government Facilities Extension (memorandum dated January 13, 2003) Co Environmental Control Board None 15. ADJOURNMENT BACKUP PAGES 371-396 Anyone who may wish to appeal any decision which may be made at this m1,eting 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: htti)://www.ircizov.com Full agenda back-up material is available for review in the Board of County Commission Office, Indian River County Main Library, IRC Courthouse Law Library, and North County Library Meeting may be broadcast live on AT & T Cable Channel 13 — rebroadcast continuou;,ly 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. r1./ I E3(' tM1 C 0 INDEX TO MINUTES MEETING OF FEBRUARY 4, 2003 1. CALL TO ORDER ................................................. 1 2. INVOCATION ........................................... 1 3. PLEDGE OF ALLEGIANCE ............................... ........ 1 4, ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS .1011 2 5, PROCLAMATIONS AND PRESENTATIONS - INVITATION FRO VI JOE MARTORANA OF VETERANS" COUNCIL TO MEMORIAL SERVICE TO HONOR FOUR HEROIC CHAPLAINS ............. 1. 6 ... 1.. 0 ..... 0 .. 2 6, APPROVAL OF MINUTES ......................................... 3 7, CONSENT AGENDA .............................................. 3 7.A. Reports.....................................................3 7.B. Approval of Warrants ......................................... 3 7.C. Approval of Warrants ......................................... 4 7.D. Election of Planning and Zoning (P & Z) Chairman Dr. David Cox and Vice Chairman Donna Keys .................................... 4 7.E. Appointments to the Economic Development Council - Robert W. Bauchman (Banking) & Mayor Joel Tyson (Fellsmere) .. 1. 0 . 0 . 0 ...... 4 7.F. Out -of -County Travel for Commissioners to Attend Legislative Day, March 26, 2003, in Leon County ........................ 1 .14 7.G. Out -of -Country Travel for Commissioners to Attend Florida Association of Counties (FACo) 74th Annual Conference - Orange County - June 18-20, 2003 .......................................................5 7.H. Code Enforcement Board - Elected Chairman John Owens and Vice Chairman Joe Garone 5 7.1. Treasure Coast Regional Planning Council (TCRPC) - 2003 Members and Alternates...................................................5 7.J. Child Dependency Court Representation - Grant -in -Aid Agreement with the Justice Administrative Commission ..... . ............... 1 1 11 .. 5 7.K. Payments to Vendors of Court -Related Costs ........... I ......... 1 , 6 7.L. Resolution No. 2003-010 - Jungle Trail Shoreline Stabilization Phase 11 - Florida Inland Navigation District (FIND) Waterways Assistance Program -FY 2003/04 ...................................... ........6 7.M. Out -of -County Travel for Commissioners Lowther and Neuberger - Florida Counties Foundation Commissioners Voluntary Certification Program - March 27, 2003 -Tallahassee ........ . .......................... 7 7.N. Workers' Compensation Settlement - Ronnie D. Baker ............... 7 7.0. Kenwood Village Planned Development - Cash Bond Warranvol for Utility Facilities under Bill of Sale - Cash Deposit and Escrow Agreement ..... 7 7.P. Schulke, Bittle, and Stoddard, Inc. - Site Plan Extension for the Lot 2 Grove Place Medical Office Project ... . ................. 6 , 0 0 . 1 1 . , 8 7.Q. Gifford Youth Activities Center, Inc. - Lease Agreement - Progressive Civic League - Financial Reporting Arrangement .......... 8 7.R. Drug -Free Communities Support Program - Substance Abuse Council Grant Application ...........441,11, 1 1 .. 8 7.S. Sharon Nicholson, Trustee, v. Indian River County - Engagement of Chester E. Clem, Jr., Esq. and Clem, Polackwich, Vocelle, & Berg - (Case No. 99 0739 CA; Circuit Court, Nineteenth Judicial Circuit) ..'; .. 1 1 1 1 .. 9 7.T. Lost Tree Island Closing III Authorization for Execution of Quit -Claim Deeds (Andlinger; the Holm Trust; and Woodruff) - Acknowledgment and Stipulation of Boundary Line and Other Documents Required for the Closing10 .................................................... 7.U. Bid Award #5031 - Exhaust Fan Replacement at South County 'Nater Plant - Agreement with Indian River All Fab, Inc. ........... 11 7.V. Bid Award #5034 - 16" Sewage Force Main on Old Dixie Highway from 48th Street to North County Wastewater Treatment Facility and .53rd Street Easement from Old Dixie Highway West and South to Central Regional Wastewater Treatment Facility - Agreement with Tri -Sure Corporation . 12 7.W, Floodplain Cut and Fill Balance Waiver for Lot 15, Block 24, Vero Lake Estates, Unit 5A -David Holler . 1 1 1 1 . , .. 13 71X. Fountainhead Development Associates - One -Year Extension of Site Plan Approval for a Multi -Family Residential Development ... 1 1. 1 1 ...... 13 7.Y. Resolution No. 2003-011 - Release of Easement at 8865 22nd St. eet (Paradise Park Subdivision Unit 2) - Anne (Boyer) Strickland .... 0 1 1 1 13 72. Recommendations of the Indian River County Extension Service> Ad Hoc Committee Concerning the Indian River County Agricultural Extension Office.....................................................14 7.A.A. Resolution No. 2003-012 - Miscellaneous Budget Amendment 0)5 ... 14 2 7.B.B. Agreement to Purchase 24th Avenue Right -of -Way from Lucinda W. Eddy 15 7.C.C. Odor Scrubbing System Design Build Construction - WCG `fork Authorization 96, Request for Final Payment ............ I ......... 15 7.D.D. Ambersand Beach Restoration Project - Project No. 5024 - Temporary Use (Beach Renourishment Use) Agreement No. U-0307 with Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for Sebastian Inlet State Park Lands - Managed by Florida Department of Environmental Protection, Division of State Lands . 0 1 0 1 ... , ........ 16 9,A.1, PUBLIC HEARING - RESOLUTION NO.2003-013 - ABANDONMENT OF A PORTION OF 88TH COURT BETWEEN 8TH STREET AND 12T3 STREET AS REQUESTED BY CHARLES SULLIVAN, JR. (GLENDALE ACRES) (Legislative).....................................................16 9.A.2. PUBLIC HEARING - ORDINANCE NO. 2003-003 - RE -ADOPTING THE INDIAN RIVER COUNTY CODE OF ORDINANCES .................. 17 9.13.1, PUBLIC DISCUSSION ITEM - REQUEST FROM BIBBLE IRVIN TO DISCUSS ADVERSE EFFECTS OF SAND PUMPING .................. 18 9.13.2. PUBLIC DISCUSSION ITEM - REQUEST FROM FRED MENSING TO DISCUSS CLARIFICATION OF INSTRUCTIONS TO ATTORNEY RE: LAWSUIT IN PROGRESS .. . ........... . .................. 1 1 . 1 1 .. 18 9.13.3. PUBLIC DISCUSSION ITEM - REQUEST FROM NORTH INDIAN RIVER DRIVE ZONING STUDY PROPERTY OWNER SURVEY (ROSEL.AND) 20 9.13,4. BRIAN HEADY - POLLUTION CONCERNS - JOINT COUNTY/SCHOOL MAINTENANCE FACILITY AND FUEL DEPOT .. 1. 0 ............... 1 21 9.C. PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED 1. 1 1 0 , 1110.. 22 1. February 11, 2003 - Florida Ridge Subdivision, Preliminary Water Assessment (Resolution I1I) 1 0 . 0 1 ..................... . ........ 22 2. February 11, 2003 - West Side Subdivision, Preliminary Water Assessment (Resolution III) 1 , , , 22 3. March x,11, 2003 - Proposed Projects for the Optional Sales Tax .... 22 11.G,1. WABASSO FISHING PIER AND EAST SEAWALL BULKHEAD CAP - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) ROADWAY JURISDICTION TRANSFER AGREEMENT, ADDITIONAL WORK - CR510 - US#1 - SR 5 TO SR AIA. I I 1 11 . 1 . 22 11.G.2. THE OAKS OF VERO PLANNED DEVELOPMENT - DE`.ELOPER'S AGREEMENT - SDG KINGS, INC. (TURNING LANE AND FLORIDA POWER & LIGHT UTILITY POLE) 0 1 . 1 1 .. , .. 22 1 I.H.I. WILDWOOD SUBDIVISION PETITION WATER SERVICE - 25TH STREET EAST OF 82ND AVENUE - PROJECT NO. UCP -2256 .... 24 11.H.2. UTILITIES MAINTENANCE FACILITY PRELIMINARY REPORT AND CONCEPTUAL PLANS FOR WCG, INC. WORK AUTHORIZATION #7 1.1.1 1 . , 24 11.H.3. CENTRAL WASTEWATER TREATMENT FACILITY BLOWER REPLACEMENT - JACOBS AIR WATER SYSTEMS - FINAL PAYMENT ..........................................................25 I LHA, INDIAN RIVER FARMS WATER CONTROL DISTRICT (I REWCD) PERMIT AND INTERLOCAL AGREEMENT NOS, 1-9 11 1 1 , 1111.. 25 11.H,5. RESOLUTION NOS. 2003-014 AND 2003-015 - WHIPPOORWILL ESTATES SUBDIVISION PETITION WATER SERVICE - 62ND COURT SOUTH OF 45TH STREET - RESOLUTIONS I AND II 1111 26 12.A. ANNUAL MEETING OF LANDOWNERS OF INDIAN RIVER FARMS WATER CONTROL DISTRICT - ATTORNEY PAUL G. BANGEL, OR HIS DESIGNEE, TO VOTE PROXY .. , 1 1 0 1 ..... . .......1......27 13.D. COMMISSIONER LOWTHER - UPDATE ON FIREFIGHTERS AND PARAMEDICS NATIONAL CERTIFICATION (NATIONAL., REGISTRY) .. , . , .. 27 14.A. EMERGENCY SERVICES DISTRICT ........... , 1010. , , 1 1 . 1 0 .. 29 14.13. SOLID WASTE DISPOSAL DISTRICT ............. . ... . 1111... 29 14.C, ENVIRONMENTAL CONTROL BOARD ............... . 1111... 29 11 February 4, 2003 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25t" Street, Vero Beach, Florida, on Tuesday, February 4, 2003. Present were Kenneth R. Macht, Chairman; Carolne D. Ginn, Vice Chairman; Commissioners Fran B. Adams; Thomas S. Lowther; anq Arthur R. Neuberger. Also present were James E. Chandler, County Administrator; Pau) G. Bangel, County Attorney; and Patricia Ridgely, Deputy Clerk. I. CALL TO ORDER The Chairman called the meeting to order at 9:00 a.m. 2. INVOCATION Chaplain Elmer Vogelsang, Indian River County Sheriff's Office, delivered the invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Lowther led the Pledge to the Flag. February 4, 2003 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner Lowther requested the addition of 13.D., an update from staff on the certifications of Paramedics and Firefighters. Chairman Macht advised that 7.Z.I, 72.2., and 72.3. will be renumbered 7.A.A., 7.B.B., and 7.C.C., and requested that 7.D.D., a Temporary Use Agreement for Sebastian Inlet State Park Lands Ambersand Beach Restoration Project, be added. Chairman Macht also requested the addition of 5.A., a presentation by Joe Martorana of the Vetcrans Council; Brian Heady claimed he had submitted three timely requests but was not on the agenda. He requested to be added to the agenda under Item 9.13.4, Chairman Macht specified that he needed to confine his remarks to 3 minutes and one subject and Mr. Heady understood. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously made the above changes and additions to the agenda. 5. PROCLAMATIONS AND PRESENTATIONS - INVITATION FROM JOE MARTORANA OF VETERANS' COUNfCIL TO MEMORIAL SERVICE TO HONOR FOUR HEROIC CHAP,AINS Joe Martorana, Secretary of the Indian River County Veterans ouncil and Commander of the ITAM War Veterans, invited everyone to a memorial service to honor four heroic chaplains of World War I1 to be held Sunday, February 9, 2003, at 211 PM at Holy Cross Church in Vero Beach. (CLERK'S NOTE: WRITTEN MATERIAL FROM MR. MARTORANA HAS BEEN PLACED ON FILE WITH THE BACKUP.) February 4, 2003 2 6. APPROVAL OF MINUTES None, 7. CONSENT AGENDA Item 7.T. was separated from the Consent Agenda. 7.A. Reports The following reports were received and placed on file in the Office of the Clerk to the Board: Fellsmere Water Control District Financial Audit and Financial Report for the Year Ended 09/30/02 Sheriff's DUI Impoundment and Immobilization Trust Fund Report for the First Quarter of 2003 Indian River Farms Water Control District Annual Local Government Financial Report and General Purpose Audited Financial Statements for Year Ended 09/30/02 NO ACTION REQUIRED OR TAKEN. 7.B. Approval of Warrants ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the list of warrants issued for the period January 1046, 2003, as requested. February 4, 2403 3 IL 7.C. Approval of Warrants ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the list o warrants issued for the period January 17-23, 2003, a,� requested. 7.D. Election of Planning and Zoning (P & Z) Chairman Dr. David Cox and Vice Chairman Donna Kevs The Board noted the above elections. Z.E. Appointments to the Economic Development Council - Robert W. Bauchman (Banking) & Mayor Joel Tyson (Fellsmere!) ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously appointed Robert W. Bauchman (Banking Industry) and Mayor Joel Tyson (Fellsmere) to the Economic Development Council, as recommended by Chairman Macht. 7.F. Out -of -County Travel for Commissioners to Attend Le2rislative Day. March 26. 2003. in Leon Countv ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved out -of -county travel for all Commissioners to attend the annual Legislative Day in Leon County on March 26, 2003, as requested in the memorandum. February 4, 2003 Administrative Commission (JAC), Chairman to execute same, as memorandum. and authorized the recommended in the COPY OF GRANT-IN-AID AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.K. Pavments to Vendors of Court -Related Costs NO ACTION REQUIRED OR TAKEN, 7.L. Resolution No. 2003-010 -Jungle Trail Shoreline Staljbilization. Phase II - Florida Inland Navigation District (FIND) Waterways Assistance Program - FY 2003/04 ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously adopted Resolution No. 2003-010 authorizing application to the Florida Inland Navigation District for 50% of the actual cost of the Jungle Trail Shoreline Stabilization, Phase II; agreeing to the terms and conditions set forth; and authorizing the Chairman to execute all documents as required by FIND to implement this program. February 4, 2003 DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 6 e �� 7.M.0ut-of-County Travel for Commissioners Lowther and Neuberger - .Florida Counties Foundation Commissioners oluntary Certification Program - March 27, 2003 - Tallahassee, ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved out -of -county travel for Commissioners Lowther and Neuberger to attend the Ethics core curriculum class in Tallahassee, on March 27, 2003, as requested in the memorandum. 7.N. Workers' Compensation Settlement - Ronnie D. Baker, NO ACTION REQUIRED OR TAKEN, 7.0. Kenwood Village Planned Development - Cash Bond Warranty. for Utility Facilities under Bill of Sale - Cash Deposit and Escrow Agreement ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the Cash Deposit and Escrow Agreement and authorized the Chairman to execute same, as recommended in the memorandum. COPY OF CASH DEPOSIT AND ESCROW AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD February 4, 2003 7 7.P. Schulke. Bittle. and Stoddard, Inc. - Site Plan Extensionfor the Lot 2 Grove Place Medical Office Proiect ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the request of Schulke, Bittle, and Stoddard for a one-year extension of the conditional site plan approval for the Lot 2 Grove Place Medical Office project, with all original approval conditions to remain in effect, as recommended in the memorandum. (NeA expiration date will be January 31, 2004.) 7.Q., Gifford Youth Activities Center. Inc. - Lease Ayeement - Progressive Civic League - Financial Reporting Arrangement ON MOTION by Commissioner Adams, SECONDED BY Vice Chainnan Ginn, the Board unanimously approved the proposed treatment of the lease activity for the period of November 19, 2002 through December 31, 2002, in the Progressive Civic League financial statements for the year ending December 31, 2002; waived the audit requirement for Gifford Youth Activities Center, Inc., for the year ending December 31, 2002 as it pertains to this issue, as recommended in the memorandum. 7.R. Drue-Free Communities Support Program -Substance Abuse Council Grant Application February 4, 2003 F ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved serving as the signatory agency for the Drug -Free Communities Support Program, as recommended in the memorandum. THE ENCLOSURE (FEDERAL REGISTER NOTICE) HAS BEEN FILED WITH THE BACKUP IN THE OFFICE OF THE CLERK TO THE BOARD 7.S. Sharon Nicholson. Trustee, v. Indian River Countv Engagement of Chester E. Clem, Jr., Esq. and Clem. Pohickwich. Vocelle, & Berg - (Case No. 99 0739 CA; Circuit Court. Nineteenth Judicial Circuit) ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously authorized the engagement of Chester E. Clem, Jr., Esq., and Clem, Polackwich, Vocelle, & Berg, to defend the County in the above case, as recommended in the memorandum. 7.T. Lost Tree Island Closing -Authorization for Execution of Quit- claim Deeds (Andlinger, the Holm Trust, and Woodruffl - Acknowledgment and Stipulation of Boundary Line and Other Documents Reauired for the Closing February 4, 2003 9N1 a s ,. , ;�, Deputy County Attorney William G. Collins II reviewed his memorandum and his recommendation for the Board to authorize the Chairman to execute the County Deeds and Acknowledgment and Stipulation, as presented in the backup. Deputy Attorney Collins advised there were additional documents desired by the attorneys for Lost Tree Village Corporation. He summarized the details of the documents which included a Post Closing Agreement, indemnifications from the Town of Indian River Shores and City of Vero Beach, Internal Revenue Service forms, an Assignment and Assumption of Responsibilities concerning Joe Earman Park, and a Quit ClK im Deed for a small triangular portion of McCullers Point to clear up any interest Lost Tree might have. He recommended the Board authorize the Chairman to sign the documents he had described which will be necessary to close the transaction. Deputy Attorney Collins further advised that the State is entering into agreements to dismiss all appeals and Lost Tree will release the State from any liability n this matter. There are also releases required from St. Johns River Water Management District. Deputy Attorney Collins also advised that the closing was tentatively Scheduled for 8:30 a.m. the next day (February S) but there were some timing requirements that might not be able to be met regarding delivery of original documents and receipt of the funds. The next possible date to get all the parties together would be February 12'. He eras hoping to negotiate with Lost Tree to allow the closing the next morning and he would keep the Commissioners posted. (Clerk's Note: The closing did take place on the morning of February 5, 2003 followed by a celcbratory reception in the County Administration Building.) February 4, 2003 Ble 124 PG 950 7 ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Lowther, the Board unanimously accepted the recommendations as presented by Deputy County Attorney Collins and authorized the Chairman to execute the three Quit - Claim Deeds to Andlinger, the Holm Trust, and Woodruff, the Acknowledgment and Stipulation of Boundary Line, and all other documents required for the closing, as recommended by staff. COPIES OF CLOSING DOCUMENT'S ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AS FOLLOWS: CLOSING STATEMENT, DEPT. OF REVENUE FORMS AND RECORDED WARRANTY DEED & RECORDED QUITCLAIM DEED. INTERNAL REVENUE FORM 8283, ASSIGNMENT AND ASSUMPTION OF RIGHTS AND OBLIGATIONS REGARDING JOE F.ARMA PARK. ORIGINAL, POST -CLOSING AGREEMENT BETWEEN THE FOUR PARTIES OWNER'S POLICY OF TITLE INSURANCE QUIT CLAIM -1 DEEDS OF 3 PROPER 1-1FS RECEIVED (HOLM, WOODRUFF & ANDLINGEI ) 7. U. Bid Award #5031- Exhaust Fan Replacement at Sout�i Countv Water Plant - Agreement with Indian River All Fab, Inc. ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously awarded Bid #5031 to Indian River All -Fab, Inc.; approved the proposed agreement; and authorized the Chairman to execute the same when the appropriate certification of insurance has been submitted and the County Attorney has approved the agreement as to form and legal sufficiency, as recommended in the memorandum. February 4, 2003 AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11 7. V. Bid Award #5034 - 16 Sewage Force Main on Old Dixie Hi2hwav from 48th Street to North Countv Wastewater Treatment Facility and 53rd Street Easement from Old Dixie Highwav West and South to Central Regional Wastewater Treatment Facility Agreement with Tri -Sure Corporation ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously awarded Bid #5034 to Tri -Sure Corporation as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid; approved the agreement and authorized the Chairman to execute said agreement when require J - performance and payment bonds have been submitted along with appropriate certification of insurance and the Count. Attorney has approved the agreement as to form and legal sufficiency, as recommended in the memorandum. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7. W. Floodplain Cut and Fill Balance Waiver for dot 15. Block 24, Vero sake Estates. Unit 5A - David Holler ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously granted the cut and fill February 4, 2003 12 t' t balance waiver based on the criteria of Section 930.07(2)(d)4, as recommended in the memorandum. 7.X. Fountainhead Development Associates - One -Year Extension of Site Plan Approval for a Multi -Family Residential Development ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved Fountainhead Development Associates' request for a one-year extension of the conditional site plan approval with all original approval conditions to remain in effect, as recommended in the memorandum. (New expiration date will be January 24, 2004.) 7. Y. Resolution No. 2003411 - Release of .Easement at 8365 22nd Street (Paradise Park Subdivision Unit 2) - Anne (Boyer) Strickland ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously adopted Resolution No. 2003-011 releasing an easement retained over an abandoned portion of 88`h Court (a.k.a. 1181" Avenue) south of 22" Street in Paradise Park Subdivision Unit 2. February 4, 2003 RECORDED EASEMENTFROM ROM ANNE M. & DONNIE STRICKLAND AND RECORDED CONSENT OF LIENHOLDER (EXCHANGE FOR RELEASED EASEMENT) ARE ON FILE IN 'I HL OFFICE! OE THL, ('1,I:RK'I0 TFIf BOARD 13 n t 7.Z. Recommendations of the Indian River Cou tv x ension .Services Ad Hoc Committee Concerning the Indian River Couno Agricultural Extension Office ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously accepted the eight enumerated recommendations as approved by the Indian River County Extension Services Ad Hoc Committee and authorized the Chairman to immediately send written requests for the re- establishment of the water quality agent for Indian River County and to send a written request for the replacement of the agricultural agent and the designation of the Cooperative Extension Director for the Indian River County Extension office; and further instructed staff to prepare a resolution to sunset the ad hoc committee, as recommended in the memorandum. COPIES OF LETTERS FROM THF, CHAIRMAN CONCERNING THIS MATTI?R HAVE BEEN FILED WITH THE BACKUP FOR THIS MEETING 7.A.A. Resolution No. 2003412 - Miscellaneous Amendment 005 ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously adopted Resolution No, 2003-012 amending the Fiscal Year 2002-2003 Budget. (Amendment 005) February 4, 2003 [E! Budget 7.B.B. Agreement to Purchase 24th Avenue Right-of-Wav from Lucinda W. Eddv ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the $5,200.00 purchase from Lucinda W. Eddy, as trustee of the Lucinda W. Eddy Revocable Trust, and authorized the Chairman to execute the contract, as recommended in the memorandum. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7. C. C. Odor Scrubbing System Design Build Construction - WCG Work Authorization #6. Request for Final Payment ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved Final Payment including all retainage held, inclusive of Change Order No. 1, to WCG, Inc., in the total amount of $24,258.50, as recommended in the memorandum. February 4, 2003 DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 15 7.D.D. Ambersand Beach Restoration Project - Prom No. 5024 Temporary Use (Beach Renourishment Use) Agreement No. U4307 with Board of Trustees of the .Internal Improvement Trust Fund of the State of Florida for Sebastian Inlet State Park Lands - Managed by Florida Department ofEnvironmental Protection. DlVls11on ofState Lands ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the agreement and directed the Chairman to execute two originals of same, as recommended in the memorandum. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 9.A.1. PUBLIC HEARING - RESOLUTION NO.2 0 03-013 ABANDONMENT OF A PORTION OF 88TH COURT BETWEEN 8TH STREET AND 12TH STREET AS REQUESTED BY CHARLES SULLIVAN. JR. (GLENDALE ACRES) (Legislative) PROOF OF PUBLICATION IS ON FILE IN THE 0171' ICE OF THE CLERK TO THE BOARD Planning Director Stan Boling reviewed the memorandum using visual aids to assist in the location of the subject property. 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. February 4, 2003 16 ON MOTION by Vice Chairman Ginn, SECONDED By Commissioner Neuberger, the Board unanimously adopted Resolution No. 2003-013 providing for the closing, abandonment, vacation and discontinuance of that portion of 88' Court between 8" Street and 12`" Street said land lying in Indian River County, Florida. 9.A.2. PUBLIC HEARING - ORDINANCE NO. 2003-003 - R& ADOPTING THE INDIAN RIVER COUNTY CODE OF ORDII�TANCES PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 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 Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously adopted Ordinance 2003-003 amending Ordinance No. 90-17, codifying and publishing the ordinances published in the Code of Indian River County up to and including Supplement 44 thereto, re- adopting the Code of Indian River County, designating the Code of Indian River County as the best evidence of the current law of Indian River County, Florida, and providing for severability, codification, and an effective date. February 4, 2003 17r.?1 F, .x _ 9.B.1. PUBLIC DISCUSSION ITEM -REQUEST FROM BIBBLE IRVIN TO DISCUSS ADVERSE EFFECTS OF SAND PUMPING Bibble Irvin, Vero Beach, objected to sand pumping because it has caused escarpments and poor sand quality/color on other beaches where the process has been used. He contended erosion has not been the real culprit and is not as extensive as people believe. He supported his thesis with photographs showing the shoreline from the 1940's to the present. He also showed photos of escarpments and exhibited sand color differences between what has been pumped onto Ft. Pierce beaches and the color of the Vero Beach sand. He claimed our shoreline is the same now as it was then. He also displa` 17ed prints of aerial photographs showing comparisons of the beach from 1978 to 2000. From these photographs and blueprints, he concluded that there has not been very much erosion. He asserted the problem originated because some of the homes were built right on the immediate dune and not back far enough. He questioned why the rest of the county's taxpayers had to be responsible for what a few property owners had done. Mr. Irvin also produced books that he has studied regarding marine species, reef creatures, shells, corals, and other marine life. He specified that escarpments ars dangerous to people and nesting turtles; there are better alternatives. He hoped that his evidence helped to stop the fight on sand pumping. 9.B.2. PUBLIC DISCUSSION ITEM - REQUEST FROM FRED MENSING TO DISCUSS CLARIFICATION OF INSTRUCTIONS TO ATTORNEY RE: LAWSUIT IN PROGRESS Chairman Macht advised Mr. Mensing that the Board cannot discuss this matter because it is the subject of a lawsuit and the Commission's instructions to its a'.torneys are privileged communications. February 4, 2003 y 4,J r Fred Mensing thought the Board's instructions a few weeks ago were to contact their attorney, but when he contacted their attorney, the attorney advised that he knew nothing about trying to come to a negotiated settlement. Mr. Mensing advised that the lawsuit is going to be expanded to involve the Wachovia Bank, successor to First Union, Mr. Louis Simone, Rod Reed and Moore Masteller & Reed. He contended the County damaged the property by timbering it. His suit will also involve the US Fish & Wildlife Service. He claimed the deeds being guaranteed by our title company are grossly flawed but can be corrected out of court. He asked the Board if this can be negotiated to avoid a costly lawsuit. He thought the County's attorney is in error. The lawsuit would exclude Commissioners Lowther and Neuberger because they were not on the Board wh �.n this issue commenced. For the record, he stated that we are "discussing not committing" to anything. He wanted the Commission to direct the attorney to sit down to discuss this to get the issues resolved and terminate the hearings already set up. County Attorney Paul Bangel responded that Mr. Mensing is free to contact him with any proposed settlement which he can then present to the Board. He specified that Mr. Mensing cannot meet with the Board behind closed doors. He had no recommendations at this time. Mr. Mensing stated that Community Development Director Robert Keating needed to pay attention to Lot 15 probably owned by Blakeman and Susan Smith. He described code enforcement infractions occurring there and he wanted it known that he filed the complaint. He warned this issue will be expanded into the lawsuit if not acted upon and suggested that a Code Enforcement Officer be dispatched right away. NO ACTION REQUIRED OR TAKEN. February 4, 2003 19 n;J r 9.B.3. PUBLIC DISCUSSION ITEM - REOUEST FRO VI NORTH, INDIAN RIVER DRIVE ZONING STUDY PROPERTY OWNER SURVEY (ROSELAND) Community Development Director Robert Keating used a Power Point presentation (Copy on file with the backup) while giving the history of this area and reviewing his memorandum. He advised of the percentages in opposition to the zoning and legal issues to consider should the Board decide to go forward with rezoning. He advised that the Planning and Zoning Commission voted 6-1 against rezoning and staff also recommended against it. The P & Z member who dissented suggested that design standards be implemented, but staff feels the design standards are presently sufficient fog: that diverse community. MOTION WAS MADE by Commissioner Ginn, SECONDED by Commissioner Lowther, to approve staff's recommendation. While this was not a public hearing, Commissioner Macht invited comments. Peter Jones, an architect with WCG, advised that he had worked with one of the landowners in the study area and had discussed some of this with staff. He urged the Board to follow staff's recommendations. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. February 4, 2003 20 9.B.4. BRIAN HEADY - POLLUTION CONCERNS JOINT COUNTY/SCHOOL MAINTENANCE FACILITY AD FUEL. DEPOT Brian Heady, Vero Beach, referred to the last meeting when he askc,d questions about the site selected for the Joint County/School Maintenance Facility and Fuel Depot and his concerns of pollution. He had made a public records request for information to confirm statements made at that meeting. Executive Aide Kimberly Massung had provided him with documents, but he claimed the public record is completely void of anything that says there will be no further pollution. The documents spoke of planned remedial efforts, but he saw nothing in the public record to indicate the pollution has been contained. Mr. Heady displayed an illustration showing the plume where the County had bought back the Humane Society property. He objected to the Board's plans to put County workers there since it has not been demonstrated whether the pollution will impact those workers. He was also concerned about the proximity of the plume to City of Vero Beach's wells. Before the Board spends more money, he urged that someone provide the public record that demonstrates there were remedial efforts undertaken on the site of the planned Facility, that the pollution plume has been contained, and pollution has been stopped to the site and also to the City's wells. Chairman Macht noted that he had permitted Mr. Heady over 20 minutes to speak on this point. Staff was instructed to give Mr. Heady the information on the conta nment data of the plume, what the source was, and so forth. He also advised that many other factors had gone into the selection of that site for the facility. Commissioner Ginn suggested that Mr. Heady also examine the Utilities Advisory Committee's minutes around the time of the date of the material she gave him. February 4, 2003 21 - �. 9.C. PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED 1. February 11. 2003 - Florida Ridge Subdivision. Preliminary Water Assessment (Resolution III) 2. February 11. 2003 - West Side Subdivision. Pr8liminary Water Assessment (Resolution III) 3. March 18.11. 2003 - Proposed Proiects for the Optional Commissioner Macht announced the above scheduled hearings. He pointed out that #3 above was moved to March 1 I, 2003, 11.G.1. WABASSO FISHING PIER AND EAST SEAWALL BULKHEAD CAP - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) ROADWAY JURISDICTION TRANSFER AGREEMENT, ADDITIONAL WORK - CR510 - US#1- SR 5 TO SR AlA ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the additional cost in the amount of $28,009.62, and funding from the Secondary Road Fund, Cash Forward, as recommended in the memorandum. 11.G.2. THE OAKS OF VERO PLANNED DEVELOP ENT - DEVELOPER'S AGREEMENT - SDG KINGS. INC. (TURNING LANE AND FLORIDA POWER & LIGHT UTILITY POLE) February 4, 2003 22 fill sa " r S Commissioner Ginn noted staff, s concern in the memorandum about the FP&L utility pole and roadway improvements (left -turn lane along 12' Street). She questioned how long it would be for build -out of this planned development and how many units ate planned. Public Works Director James Davis advised that 137 units have been proposed but he was unsure of a build -out date. He estimated build -out would be 3-5 years. He explained that the agreement requires them to move the poles or they will have to reduce the number of units to 136 until the poles are moved. They have a two-year period to wor1C with FP&L and staff has stressed the merits of having the turn lane. He understood the developer is working with his lenders to have the additional money to move the poles. Commissioner Adams agreed with Commissioner Ginn that there is not a lot of incentive here to get the developer to do it. Discussion ensued. Community Development Director Robert Keating advised that hi!; office had coordinated with Director Davis on the developer's agreement and Director Davis had already spoken with FP&L. Nick Blount, External Affairs Manager for FP&L, gave assurances that FP&L will cooperate with County staff in this matter. ON MOTION by Commissioner Lowther, SECONDED BY Commissioner Adams, the Board unanimously approved the Developer's Agreement with SDG Kings, Inc., as recommended in the memorandum. February 4, 2003 DEVELOPER'S AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 23 r o ` `' (CLERK' S NOTE: Chairman Macht declared a recess at 10:35 a.m. The meeting was reconvened at approximately 10:45 a.m. with all members present.) 11.H.1. WILDWOOD SUBDIVISION PETITION WATERS RVICE- 25TH STREET EAST OF 82ND AVENUE -PROJECT NO. UCP -2256 ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the Wildwood Subdivision Petition for water service, authorized staff to proceed with the engineering design work and award a contract for survey services based on the most favorable quote in preparation for the special assessment project, as recommended in the memorandum. 11.11.2. UTILITIES MAINTENANCE FACILITY PRELLVIINARY REPORT AND CONCEPTUAL PLANS FOR WCG. INC„ WORK AUTHORIZATION #7 ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the Professional Service Agreement with WCG, Inc., Work Authorization #7, as recommended in the memorandum. February 4, 2003 WORK AUTHORIZATION #7 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 24 iU r 1 1.11.3. CENTRAL WASTEWATER TREATMENT FACILITY BLOWER REPLACEMENT - JACOBS AIR WATER SYSTEMS - FINAL, PAYMENT ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously approved final payment in the total amount of $74,800 to Jacobs Air Water Systems, as recommended in the memorandum. PAY REQUEST WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 11.11.4. INDIAN RIVER FARMS WATER CONTROL DISTRICT (IRFWCD) PERMIT AND INTERLOCAL AGREEMENT NOS. 1-9 (CLERK'S NOTE: The motion on this item included sending County Attorney Paul Bangel to the annual meeting of landowners under Item 12.A.) ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved Permits and Interlocal Agreements for Nos. 119; authorized payment in the amount of $28,322.80 for the Permits; approved necessary budget amendments to roll forward the unpaid funds from FY 2001-02 to the current fiscal year; and authorized the Chairman to execute the documents, as recommended in the memorandum. February 4, 2003 COPIES OF AGREEMEN'T'S ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.H.5. RESOLUTION NOS. 2003-014 AND 2003-015 WHIPPOORWILL ESTATES SUBDIVISION PETITION , WATER SERVICE - 62ND COURT SOUTH OF 45TH STREET - RESOLUTIONS I AND H ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously adopted Resolution No. 2003-414 providing for water main expansion to Whippoorwill Estates Subdivision (62nd Court south of 45" Street) in Indian River County, Florida; providing the total estimated cost, method of payment of assessments, number of annual installments, and description of the area to be served. ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously adopted Resolution No. 2003-015 setting a time and place at which the owners of properties, located in Whippoorwill Estates Subdivision, located on 62" Court, south of 45'" Street in Indian River County, Florida, and other interested persons, may appear before the Board of County Commissioners of Indian River County and be heard as to the propriety and advisability of constructing the water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be specially assessed against each property benefitted thereby. February 4, 2003 26 12.A. ANNUAL MEETING OF LANDOWNERS OF INDIAN RIVER FARMS WATER CONTROL DISTRICT - ATTORNEY BANGEL, OR HIS DESIGNEE, TO VOTE PROXY (CLERK'S NOTE: Action on this item actually occurred during I I.H.4. above.) ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously appointed County Attorney Paul Bangel, or his designee, to represent the County at the annual meeting of landowners of Indian River Farms Water Control District. COPIES OF PROXIES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD PAUL G. 13.D. COMMISSIONER LOWTHER - UPDA�E ON FIREFIGHTERS AND PARAMEDICS NATIONAL CERTIFICATION (NATIONAL REGISTRY) Commissioner Lowther requested an update from staff on dual certi County Administrator Chandler advised that Emergency Services Direct, tion. John King has met with both with the IAFF and Teamsters. It looks like we are going to have the Firefighters agreeing to the proposal, but not the Paramedics. Commissioner Ginn brought out that "national certification" is actual a national registry; it is a private certifying organization and differs from the State license. All of our Firefighters and Paramedics are licensed with the State, but they are not required to belong to the national registry. She gave details about this which she had obtained through the February 4, 2003 27 ��.t - . -, , ,- Internet. Cour Firefighters' State licensing goes out to December of 2004. Sh I thought this to be an activity in futility. Commissioner Lowther believed the national certification is a stepping'Istone, but he would not like to see it a line in the sand, with the Paramedics against the Firefighters. He understood the Firefighters wanted to use their Paramedic training and that it had nothing to do with their contract. County Administrator Chandler thought the Administration would be bringing the Board a recommendation to pursue a way that the Firefighters who have the cert ification can retain it. It appeared, as of February 3`d, that the Paramedics do not want to try to work it out. Commissioner Adams understood that the Firefighters do not need 'the national certification in order to work in Florida or Indian River County, they only meed a State license. Emergency Services Director John King clarified that they use their national certification to obtain their State license. Commissioner Ginn thought this should have been discussed at the time of the contract, viewed this as a ploy to reopen the contract, and vehemently objected to that. From letters from the Firefighters Association Director King understood that the IAFF Local agrees that this would not change their contract. The letter from the Teamsters indicated they do not want changes made to their job descriptions as a condition IC to maintain their dual certifications. County Administrator Chandler advised that the Administration would have to study the contract referenced (Section 17.3 and 17.4) in the Teamsters letter. Staff hinks those sections will not require impact bargaining. Staff will be careful in their recor%mendation so the contracts will not be reopened. February 4, 2003 W nil V]-� 4v •d,t t Commissioner Macht understood staff would bring this back on Marc''l 18`" County Administrator Chandler concurred; they wanted to try to do it sooner but Director King was called for jury duty on Monday March 10'' There was additional discussion followed by CONSENSUS to bring this back March 181h and negotiate with those who come to the table, 14.A. EMERGENCY SERVICES DISTRICT. None, 14.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. 14.C. ENVIRONMENTAL CONTROL BOARD, None. ALF. 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 February 4, 2003 29 a 1 9 , B� � ° f DBA� w_ ` j .0 There being no further business, upon motion duly made and seconded, the Chairman adjourned the meeting at 11:02 a.m. ATTEST: Jeffrey arton, Clerk Minutes approved February 4, 2003 0 -------7----_.-_...� .