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Home My WebLink About3/11/2003r .« r _ a A r - 2r-,W;•,..;�', . .'.r ..�.-��'., .gi iso'6?"?`�'a'�5.'b'cys ":�'` k"`` ., LLL le MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA TUESDAY, MARCH 11, 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, Co arty Administrator District 1 Paul G. Bangel, County Attorney District 4 Kimberly Massung, Executive Aide to BCC District 2 Jeffrey K. Barton, Clerk to the Board 2. INVOCATION Tom N. Harris IV First Presbyterian Church 3. PLEDGE OF ALLEGIANCE Comm. Arthur R. Neuberger 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS BACKUP PAGES ADDITIONS: 7.0. Resignation of Jack Chesnutt and Appointment of Lois Work to LAAC 13.A. Bulletin on Medicaid Cost -Shift to Counties 13.E. United Way Torchbearer Award W.A. Report of the March 6, 2003, Emergency Services District Advisory Committee DEFERRAL: 12.A. Request to Modify the Vero South PD (to April 8, 2002) 5. PROCLAMATION and PRESENTATIONS A. Presentation of Proclamation Designating the Month of March, 2003 as Mental Retardation Awareness Month in Indian River County 1 6. APPROVAL OF MINUTES A. Regular Minutes of February 18, 2003 7. CONSENT AGENDA A. Approval of Warrants (memorandum dated February 27, 2003) 2-13 c Yrt t 11 Ir c Yrt t 11 7. CONSENT AGENDA kont'd.): BACKUP B. Annual Financial Report PAGES (memorandum dated March 5, 2003) 14-39 C. Re -Election of MPO TAC Chairman and Vice Chairman (memorandum dated February 28, 2003) 40 D. Review and Consideration of Revised Indian River County Local Housing Assistance Plan for Fiscal Years 2003-04 Through 2005-06 (memorandum dated February 25, 2003) 41-49 E. Release of Retainage — Applied Technology and Manage- ment, Inc. Phase II Services (memorandum dated February 27, 2003) 50-54 F. Temporary Water Service Agreement Between Indian River County and Martha Campbell (memorandum dated February 21, 2003) 55-59 G. 63rd Avenue between 0 Street and 8d' Street, Water System Conflict Adjustments Final Payment to Labor Contractor (memorandum dated February 24, 2003) 60-65 H. IRC Bid #5017 Stainless Steel Simplex Control Panels Utilities Department/Wastewater Collection Division (memorandum dated February 25, 2003) 66-91 I. Indian River County's Request for Extension of Site Plan Approval for the County / School Board Fleet Maintenan;.e Complex (memorandum dated March 3, 2003) 92-99 J. Proclamation Designating March 19, 2003 as Retired Senior Volunteer Program Day in Indian River County 100 K. County Attorney (memorandum dated March 5, 2003) 101-102 L. Manuel & Isabel Vieira Request for Release of Easement:, at 585 Reef Road (Lot 19, Oceanside Replat Subdivision) (memorandum dated March 3, 2003) 103-109 M. Payments to Vendors of Court Related Costs (memorandum dated March 5, 2003) 110-112 Bi 4 o L. 4,' � .r' 2 7. CONSENT AGENDA kont'd.). BACKUP N. Delegation of Authority to Execute Cash Deposit PAGES and Escrow Agreements (memorandum dated March 5, 2003) 113-116 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Kevin O'Riordan's Request to Modify the Vero South Planned Development Plan (Legislative) (memorandum dated February 28, 2003) 117-126 2, AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR 38.14 ACRES LOCATED ON THE NORTH SIDE OF 13' STREET S.W. APPROXIMATELY 1100 FEET WEST OF 43`d AVENUE FROM A-1, AGRICULTURAL DISTRICT (UP TO 1 UNIT/5 ACRES) TO RS -3, RESI- DENTIAL DISTRICT (UP TO 3 UNITS/ACRE); AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE (Quasi -Judicial) Archer of Vero Beach's Request to Rezone Approximately 38.14 Acres from A-1 to RS -3 (memorandum dated February 27, 2003) 127-141 3, AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF INDIAN RIVER COUNTY; DELETING A PROVISION THAT A COUNTY COMMISSIONER WHO SERVES AS A MEMBER OF A COMMISSION OR BOARD CHAIRS SUCH COMMISSION OR BOARD; PROVIDING THAT EACH COMMISSION AND BOARD SHALL ELECT FROM AMONG ITS VOTING MEMBERS A CHAIRMAN AND A VICE- CHAIRMAN; PROVIDING THAT, EXCEPT AS OTHERWISE PROVIDED BY STATE OR FEDERAL LAW, A COUNTY COMMISSIONER APPOINTED AS A REPRESENTATIVE OF THE BOARD OF COUNTY COMMISSIONERS TO A COMMISSION OR BOARD SHALL BE THE BOARD'S NON-VOTING LIAISON TO SUCH COMMISSION OR BOARD; AND PRO- VIDING FOR TREATMENT OF CONFLICTING PRO- VISIONS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE (continued from BCC meeting of 1/14/03) (memorandum dated March 5, 2003) 14_2-17_1 ' 1 .`j k U 9. PUBLIC ITEMS (cont'd.): BACKUP A. PUBLIC HEARINGS (cont'd.): PAGES 4, Optional One -Cent Sales Tax — Proposed Projects (memorandum dated March 4, 2003) 172-198 Be PUBLIC DISCUSSION ITEMS 1. Request from Henry Fischer to speak on the issue; of Ambersand I and H (letter dated January 15, 2003) 199 2, Request from Dick Stark to present progress report concerning the Treasure Coast Homeless Services Council, Inc. (letter dated March 5, 2003) 200-218 C. PUBLIC NOTICE ITEMS 1. Scheduled for Public Hearing on March 18, 2003: The Colony: Request to rezone approximately 297 acres of property to PD (Planned Development), and modify the project's PD plan to eliminate the previously approved golf course, provide more uplands vegetation buffers, move some residential lots closer to the project's perimeter, eliminate the 43rd Avenue access, and adjust the phasing. No increase in units or density is proposed. The site is located between 27th Avenue and 43rd Avenue, and 13th Street SW and 17th Street SW (memorandum dated March 3, 2003) 219-220 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Communitv Development None Be Emergencv Services None Co General Services None D. Leisure Services_ None 4 .. t in-, -s 11. DEPARTMENTAL MATTERS (cont'd.): BACKUP E. Office of Management and Budget PAGES None F. Human Resources None G. Public Works 1, Artificial Reef Grant Agreement Florida Fish and Wildlife Conservation Commission (memorandum dated March 3, 2003) 221-249 H. Utilities 1, Central WWTF & Regional Sludge Processing Facility Process Odor Study Presentation (memorandum dated February 27, 2003) 250-253 2, Work Authorization Directive to Utility Labor Contractor (George French) for Relocation of Water Main along 38th Lane to assist the County's Road & Bridge Department Stormwater Program (memorandum dated March 4, 2003) 254-256 I. Human Services None 12. COUNTY ATTORNEY A. 10 -Foot Right -of -Way Strip at the Northwest Inter- section of Roseland Road and U.S.#1 (continued from BCC meeting of 3/4/03) 257-315 (memorandum dated March 5, 2003) 13. COMMISSIONERS ITEMS A. Commissioner Kenneth R. Macht, Chairman l� Commissioner Caroline D. Ginn, Vice Chairman 5 m t a "x t a "x If I _- . LYat,;1y1dr c• `W r ..,6*0, 13. COMMISSIONERS ITEMS (cont'd.): BACKUP Co Commissioner Fran B. Adams PAGES D. Commissioner Thomas S. Lowther E. Commissioner Arthur R Neuberger 14. SPECIAL DISTRICTSBOARDS A. Emergencv Services District None B. Solid Waste Disposal District None Co Environmental Control Board None 15. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at 567-8000 x1223 at least 48 hours in advance of meeting. Indian River County Website: htto://www.ircgov.com Full agenda back-up material is available for review in the Board of County Commission Office, Indian River County Main Library, IRC Courthouse Law Library, and North County Library Meeting may be broadcast live on Comcast Cable Channel 13 — rebroadcast contimi ously Thursday 1:00 p.m. until Friday morning and Saturday 12:00 noon until 5:00 p.m. Meeting broadcast same as above on Comcast Cable, Channel 27 in Sebastian. D 1 a" 1 _- . LYat,;1y1dr c• `W r ..,6*0, 13. COMMISSIONERS ITEMS (cont'd.): BACKUP Co Commissioner Fran B. Adams PAGES D. Commissioner Thomas S. Lowther E. Commissioner Arthur R Neuberger 14. SPECIAL DISTRICTSBOARDS A. Emergencv Services District None B. Solid Waste Disposal District None Co Environmental Control Board None 15. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at 567-8000 x1223 at least 48 hours in advance of meeting. Indian River County Website: htto://www.ircgov.com Full agenda back-up material is available for review in the Board of County Commission Office, Indian River County Main Library, IRC Courthouse Law Library, and North County Library Meeting may be broadcast live on Comcast Cable Channel 13 — rebroadcast contimi ously Thursday 1:00 p.m. until Friday morning and Saturday 12:00 noon until 5:00 p.m. Meeting broadcast same as above on Comcast Cable, Channel 27 in Sebastian. D 1 a" 1 ;� a 1 2 k C! IF L h ,,`. '3 a 'r a r -PN.", . Yn g - r INDEX TO MINUTES BOARD OF COUNTY COMMISSIONERS MEETING OF MARCH 11, 2003 CALL TO ORDER ................................................. 1 INVOCATION.......................................... .........1 PLEDGE OF ALLEGIANCE 1 ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITE 5. PROCLAMATIONS AND PRESENTATIONS ................ . 5.A. Proclamation Designating the Month of March 2003 as Mental Awareness Month in Indian River County ...... I I . I I I I I . 6.A. APPROVAL OF MINUTES - FEBRUARY 18, 2003 .. 1 11 1 1 I F . . 7 • 1 • • • .......2 Retardation 1101,1112 CONSENT AGENDA ....................... 3 7.A. Approval of Warrants 3 7.13. Indian River County Annual Financial Report (CAFR) FY 2001-2002 3 7.C. Metropolitan Planning Organization Technical Advisory Comrr ittee (MPO TAC) Re -Election of Chairman Community Development Direr for Robert Keating and Co -Chairman Traffic Engineer Christopher Mora . I I .. I I . 4 7.D. Resolution No. 2003-026 - Review, Consideration, and Revisio of Indian River County Local Housing Assistance Plan (LHAP) - FY 200 -049 2004- 005, and 2005-06 - State Housing Initiatives Partnership (SHIP; - Florida Housing Finance Corporation 1.111...... 4 7.E. Beach Restoration Projects - Coastal Engineering Services - Applied Technology and Management, Inc. (ATM) Phase II Services - Release of Retainage - Florida Department of Environmental Protection Cost Sharing under Grant Agreement 98IR1 5 7.F. Temporary Water Service Agreement Between Indian River Cocnty and Martha Campbell ..................................... .......6 1 U �r IF 7777147 1F. I IF IF It - - ,- �Ari+tL�k".x.ePx.q+u41Y�C - - _ 13 1 4t:S� 7.G. Water System Conflict Adjustments - 63rd Avenue, between 4th and 8th Streets - George E. French Labor Contract - Change Order No. 1, Pay Request No. 1, and Final Payment 7 7.H. Bid #5017 - Stainless Steel Simplex Control Panels - Atlantic Environmental Systems, Inc, , 11 1 .1 . 1 1. 1 1 1 1 7 7.I. Extension of Site Plan Approval for the County/School Board Fleet Maintenance Complex .............................. g 7.J. Proclamation Designating March 19, 2003 as Retired Senior Volunteer Program (RSVP) Day in Indian River County 8 7.K. Resignation of County Attorney Paul G. Bangel 8 7.L. Resolution No. 2003-027 - Release of Easements at 585 Reef Road (Lot 19, Oceanside Replat Subdivision) - Requested by Manuel and Isabel Vieira ... 9 7.M. Payments to Vendors of Court -Related Costs ....................... 9 7.N. Resolution No. 2003-028 - Delegating Authority to County Administrator to Execute Certain Cash Deposit and Escrow Agreements on B ehalf of the Board of County Commissioners (Maintenance of Utility Improvements Set Out in Easements and Bills of Sale) ..... 9 7.0. Resignation of Jack Chesnutt and Appointment of Lois Work to LAAC (Land Acquisition Advisory Committee) 10 9.A.1. PUBLIC HEARING - MOSBY AND ASSOCIATES, INC. - KEVIN O'RIORDAN'S (ITI CONSULTANTS) REQUEST TO MODIFY THE VERO SOUTH PLANNED DEVELOPMENT PLAN (SW CORNER OF OSLO ROAD AND 20TH AVENUE S.W.) (GEORGE AND CHERYL WIGHTMAN) (Legislative).....................................................10 9.A.2. PUBLIC HEARING - ORDINANCE NO. 2003-009 - REZONED APPROXIMATELY 38.14 ACRES FROM A-1 TO RS -3 - REQUEST OF ARCHER OF VERO BEACH (ROBERT MOONEY) (VICINITY 43RD AVENUE ON NORTH SIDE OF 13TH STREET SW) (Quasi -Judicial) ..... 11 9.A.3, PUBLIC HEARING - ORDINANCE NO. 2003-010 AMENDING THE CODE OF INDIAN RIVER COUNTY; DELETING A PROVISION THAT A COUNTY COMMISSIONER WHO SERVES AS A MEMBER OF A COMMISSION OR BOARD CHAIRS SUCH A COMMISSION OR LPOARD; PROVIDING THAT EACH COMMISSION AND BOARD SHALL ELECT FROM AMONG ITS VOTING MEMBERS A CHAIRMAN AND A VICE- CHAIRMAN; PROVIDING THAT, EXCEPT AS OTHERWISE PRO`IIDED BY STATE OR FEDERAL LAW, A COUNTY COMMISSIONER 2 Jr- .. - 177 if ` - -x1.: a�4 s APPOINTED AS A REPRESENTATIVE OF THE BOARD OF COUNTY COMMISSIONERS TO A COMMISSION OR BOARD SHALL B , THE BOARD'S NON-VOTING LIAISON TO SUCH COMMISSION O BOARD; AND PROVIDING FOR TREATMENT OF CONFLICTING PRO ISIONS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE (continued from January 14, 2003) .................................... 1111.... 12 9.A.4. PUBLIC HEARING - PROPOSED PROJECTS - OPTIONAL ONE -CENT SALES TAX (LOCAL OPTION SALES TAX) ......................... 16 9.13.1. PUBLIC DISCUSSION ITEM - HENRY FISCHER - THE ISSUE CF AMBERSAND I AND II ........................................... 23 9.13.2. PUBLIC DISCUSSION ITEM - DICK STARK - SECOND PROG ,SS REPORT - TREASURE COAST HOMELESS SERVICES COUNCIL, INC. ........................................................23 9.C. PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED FOR MARCH 1852003 ...... 1...... 1 1.. . . . . . 24 .......... 1 . 1 ................ 1. THE COLONY: REQUEST TO REZONE APPROXIMATELY 297 ACRES OF PROPERTY TO PD (PLANNED DEVELOPMENT), AND MODIFY THE PROJECT'S PD PLAN TO ELIMINATE THE PREVIOUSLY APPROVED GOLF COURSE, PROVIDE MORE UPLANDS VEGETATION BUFFERS, MOVE SOME RESIDENTIAL LOTS CLOSER TO THE PROJECT'S PERIMETER, ELIMITN ATE THE 43RD AVENUE ACCESS, AND ADJUST THE PHASING. NO INCREASE IN UNITS OR DENSITY IS PROPOSED, THE SITE IS LOCATED BETWEEN 27TH AVENUE AND 43RD AVENUE, AND 13TH STREET SW AND 17TH STREET SW 11 1 11 1 • • • • • • 1 1 11 11 . . 24 1 LG, 1, BEACH RESTORATION - ARTIFICIAL REEF GRANT AGREEMENT FWCC-02105- FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION - FLORIDA INSTITUTE OF TECHNOLOGY ...... 25 11.H.1. CENTRAL WASTEWATER TREATMENT FACILITY (WW'F) AND REGIONAL SLUDGE PROCESSING FACILITY PROCESS ODOR STUDY PRESENTATION - PROCEED WITH PRELIMINARY IMPROVEMENTS - CDM (CAMP DRESSER & McGEE), WGC, AND PBS&J (POST BUCKLEY SCHUH & JERNIGAN) . 1. 1 11 1.111... 26 3 11.H.2. RELOCATION OF WATER MAIN ALONG 38TH LANE TO ASSIST THE COUNTY'S ROAD & BRIDGE DEPARTMENT STOIZMWATER PROGRAM - WORK AUTHORIZATION DIRECTIVE TO LABOR CONTRACTOR GEORGE FRENCH ........................... 28 12.A, BRIAN WEST PROPERTY - WESTCO DEVELOPMENT - 10 -FOOT RIGHT- OF-WAY STRIP AT THE NORTHWEST INTERSECTION OF ROSELAND ROAD AND US #1 (continued from March 4, 2003) ............ . 28 13.A, CHAIRMAN MACHT - LEGISLATIVE MEDICAID BULLETIN , , , 29 13.E, COMMISSIONER NEUBERGER - PRESENTATION OF UNITED WAY TORCHBEARER PLAQUE WHICH HE ACCEPTED ON BEHALF �OF INDIAN RIVER COUNTY ......................................... 29 14.A. EMERGENCY SERVICES DISTRICT 29 14.13. SOLID WASTE DISPOSAL DISTRICT 29 14.C. ENVIRONMENTAL CONTROL BOARD ................. 1 • 11 11 ..... 29 2 . �. - .,. .- .;:- .. 1111. .m a�„-.�•y. ,.. 2 March 11, 2003 The Board of County Commissioners of Indian River County, Florida, net in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, March 11, 2003. Present were Kenneth R. Macht, Chairman; Caroline D. Ginn, Vice Chairman; Commissioners Fran B. Adams; Thomas S. Lowther; and Arthur R. Neuberger. Also present were James E. Chandler, County Administrator; William G. Collins, II, Deputy County Attorney; and Patricia Ridgely, Deputy Clerk. 1 • CALL TO ORDER The Chairman called the meeting to order at 9:00 a.m. 2. INVOCATION Rev. Tom N. Harris IV, First Presbyterian Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Neuberger led the Pledge to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCV ITEMS Chairman Macht requested the addition of 7.0., Resignation of Jack Chesnutt and Appointment of Lois Work to LAAC; 13.A., Bulletin on Medicaid Cost -Shift to Counties; and 14.A., Report of the March 6, 2003 Emergency Services District Advisory Committee, March 11, 2003 U 14 • 1 March 11, 2003 The Board of County Commissioners of Indian River County, Florida, net in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, March 11, 2003. Present were Kenneth R. Macht, Chairman; Caroline D. Ginn, Vice Chairman; Commissioners Fran B. Adams; Thomas S. Lowther; and Arthur R. Neuberger. Also present were James E. Chandler, County Administrator; William G. Collins, II, Deputy County Attorney; and Patricia Ridgely, Deputy Clerk. 1 • CALL TO ORDER The Chairman called the meeting to order at 9:00 a.m. 2. INVOCATION Rev. Tom N. Harris IV, First Presbyterian Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Neuberger led the Pledge to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCV ITEMS Chairman Macht requested the addition of 7.0., Resignation of Jack Chesnutt and Appointment of Lois Work to LAAC; 13.A., Bulletin on Medicaid Cost -Shift to Counties; and 14.A., Report of the March 6, 2003 Emergency Services District Advisory Committee, March 11, 2003 U Chairman Macht further advised that 9.A.1. would be continued after the put lic hearing is opened. Deputy County Attorney Collins advised that Mr. Tsamoutales had called to request deferral of 12.A. (Request to Modify the Vero South PD) to April 8, 200; (previously deferred from the meeting of March 4th for the Board to receive additional information) because his schedule would not allow him to be present today. Commissioner Neuberger requested the addition of 13.E., United Way Torchbearer Award. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously made the above changes to the agenda. 5. PROCLAMATIONS AND PRESENTATIONS 5.A. Proclamation Designating the Month o�March 2003 as Mental Retardation Awareness Month in Indian River County Commissioner Lowther read the proclamation aloud and presented it to Dr. Roger Baker who accepted with thanks for the support of the County from the ARC of Indian River County, 6.A. APPROVAL OF MINUTES - FEBRUARY 18. 2003 The Chairman asked if there were any corrections or additions to the Mi:lutes of the Regular Meeting of February 18, 2003. There were none. ON MOTION by Commissioner Adams, SECONDED BY March 11, 2003 01 Commissioner Lowther, the Board unanimously approved the minutes of February 18, 2003, as written and distributed. 7. CONSENT AGENDA Vice Chairman Ginn wished to separate 7.D. from the Consent Agenda, 7.A. Annroval of Warrants ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously approved the list of warrants issued by the Clerk for the period February 21- 27, 2003, as requested. 7.B. Indian River Countv Annual Financial Report (CAFR) FY 2001-2002 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously authorized the Chairman to execute the County's Annual Local Government Financial Report for fiscal year 2001-2002, as requested in the memorandum. A COPY OF THE CAFR IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March 11, 2003 I 7. Metropolitan Planning Organization Techni C. ca Advisory Committee (MPO TAC) Re -Election of Chairman ommunity W Development Director Robert Keating and Co -Chair an Traffic Engineer Christopher Mora The Board noted the re -elections as specified in the memorandum and set out above. Z.D. Resolution No. 2003426 - Review. Consideration, and Revision oflndian River Countv Local Hous' Pr Assistance Plan (L AP) -FY 200344, 2004405, and 2005-06 - State Housing Initiatives Partnership (SHIP) - Florida Housing Finance Corporation. Vice Chairman Ginn noted she could not support this resolution. She is not opposed to affordable housing but still does not favor density bonuses and is concerned about the concentration of multi -family affordable housing in the southeast corridor of the county. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Neuberger, for discussion, to approve staff's recommendation. Under discussion, Community Development Director Robert Keating, responding to questions of Commissioner Neuberger, explained that the County must meet certain criteria in order to continue to receive SHIP funds under the LHAP because of State requirements. The State looks for the County to offer a wide range of incentives. Direc :or Keating explained that the County has the option of providing the density bonus, looking project by March 11, 2003 11 project, and can turn down the density bonus. Chairman Macht thought there was merit to Vice Chairman Ginn's observations but this was not the time and place to do it. He suggested the Board could review the procedure and perhaps make some changes. Director Keating advised that, based on a study done several years ago, the County still has an affordable housing deficit. He thought it safe to say there is stilla deficit, but was not certain how great. Chairman Macht believed the deficit can be decreased if the County pays more attention to the creation or facilitation of jobs that pay a decent wage; Vice Chairman Ginn agreed that she prefers to attack it from that standpoint. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. (The Board adopted Resolution No. 2003-026 by a vote of 4-1 (Vice Chairman Ginn opposed) approving the County's Local Housing Assistance Plan for FY 2003-004, 2004-005, and 2005-006; authorizing the Chairman to sign the certification page of the Plan, and directed staff to submit two copies of the new plan to the Florida Housing Finance Corporation for its review and approval.) 7.E. Beach Restoration Projects - Coastal Engineering Services - Applied Technology and Management, Inc. (ATM) Phase II Se -- rvaces - Release of Retainage - Florida Department of Environmental Protection Cost Sharing under Grant Agreement 98IRI March 11, 2003 5 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously approved the application for release of the retainage in the amount of $35,347.20 to Applied Technology and Management, Inc., with funding from the Beach Preservation Fund 12814472-066510- 99006, as recommended in the memorandum. Costs associated with the ATM Phase II authorization are eligible for cost- sharing with the Florida Department of Environmental Protection under Grant Agreement 981R1. 7.F. Temporary Water Service Agreement Between Indian River Countv and Martha Campbell ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously approved Temporary Water Service Connection and Participation in Future Special Assessment Program Agreement with Martha Campbell and authorized the Chairman to execute same, as recommended in the memorandum. RECORDED AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March 11, 2003 Cel ' � U 79G. Water System Conflict Adjustments - 63rd Avenue, between 4th and 8th Streets - George E. French Labor Contract - Chonge Order No. 1. Pav Request No. 1. and Final Payment v ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously approved Change Order No. 1, Pay Request No. 1, and final payment to George E. French in the amount of $37,955.57, as recommended in the memorandum. DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Z.H. Bid #5017 - Stainless Steel Simplex Control Panels - Atlantic Environmental Systems. Inc. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously awarded Bid #5017 to Atlantic Environmental Systems, Inc.; established an open end contract for the period of March 1, 2003 through September 3 0, 2003 (partial year, next year will be for the entire 12 month period) with projected expenditures of $57,400 (initial order for 100 panels); 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. March 11, 2003 Cli1 i E.. +: i :_3 t. i r U Extension of Site Plan Approval for the CounNISchool Board Fleet Maintenance Complex ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously approved Indian River County's 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 site plan approval expiration date will be January 10, 2004) U. Proclamation Designating March 19, 2003 as Retired Senior Volunteer Program (RSVP) Davin Indian River County y . ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously proclaimed March 19, 2003 as RSVP Day in Indian River County and expressed its appreciation for the unselfish dedication of time and talents of these deserving citizens, U. Resignation of County Attorney Paul G. Bangel ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously accepted the resignation of County Attorney Paul G. Bangel as stated in his memorandum of March 6, 2003, March 11, 2003 E's 7.L. Resolution No. 2003-027 - Release of Easements tit 585 Reef Road (Lot 19. Oceanside Replat Subdivision) - Requested by Manuel and Isabel Vieira ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously adopted Resolution No. 2003-027 releasing easements on Lot 19 of Oceanside Replat Subdivision. RESOLUTION TO BE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY 7.M. Pavments to Vendors of Court -Related Costs NO ACTION REQUIRED OR TAKEN. 7.N. Resolution No. 2003-028 - Delegating Authoritv to County o Administrator to Execute Certain Cash Deposit and Escrow Agreements on Behalf of the Board of Countv Com • issioners (Maintenance of Utilitv Improvements Set Out in Easements and B' alls _of •SaleI ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously adopted Resolution No. 2003-028 authorizing the County Administrator to execute certain cash deposit and escrow agreements on behalf of the Board of County Commissioners, March 11, 2003 WX 0 7.0. Resignation ofJack Chesnutt and Appointment of L ots Work to LAAO (Land Acquisition Advisory Committee) The Commissioners noted the resignation and appointment as set out abovi�. 9.A.1. PUBLIC HEARING - MOSBY AND ASSOCIA'ES, INC. - KEVIN O'RIORDAN'S (ITI CONSULTANTS) REOUEST TO MODIFY THE VERO SOUTH PLANNED DEVELOPMENT PLAN (SW CORNER OF OSLO ROAD AND 20TH AVENUE S.W.) (GEORGE AND CHERYL WIGHTMAN) (Legislative) PROOF OF PUBLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Division Director Stan Boling explained that he had received a notice by fax that the owners (George and Cheryl Wightman) have asked for a postponement to work out some issues with the contract purchaser. He recommended the Board open the public hearing and continue it to April 22, 2003 at 9.05 a.m. which should allow the seller and the buyer to work out their issues. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. (CLERK'S NOTE: No one spoke.) ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously continued the public hearing to April 22, 2003, at 9:05 a.m. March 11, 2003 G 9.A.2. PUBLIC HEARING - ORDINANCE NO, 2003-009 - REZONED APPROXIMATELY 38.14 ACRES FROM A4 TO RS -3 - REQUEST OF ARCHER OF VERO BEACH (ROBERT MOONEY) (VICINITY 43RD AVENUE ON NORTH SIDE OF 13TH STREET SW) (Quasi -Judicial) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Robert Keating reviewed the memo &andum using a Power Point presentation (copy on file with the backup in the office of the Clerk to the Board). He presented staff s conclusions and recommended adoption of the ordinance. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Guy Barber, 1770 S`' Court, asked if the County is giving up any rights-of-way, and Director Keating advised the County is not giving up any rights-of-way. Brian Heady, Vero Beach, specified that the #I infusion of money in the state of Florida is tourism and #2 is citrus. Generally speaking paving over #2 is not a good idea. He commented that rezoning has caused a diminution of perfume in the air (from citrus blossoms) at this time of year and was concerned about how many people our water supply will support and for how long. It was determined that no one else wished to be heard and the Chairman closed the public hearing. March 11, 2003 11 U ;., ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously adopted Ordinance No. 2003-009 amending the Zoning Ordinance anc the accompanying Zoning Map for 38.14 acres located on the north side of 13" Street SW approximately 1100 feet west of 43' Avenue from A4, Agricultural District (up to I unit/5 acres) to RS -3, Residential District (up to 3 units/acre); and providing codification, severability, and effective date. 9.A.3. PUBLIC HEARING - ORDINANCE NO. 2003-010 AMENDING THE CODE OF INDIAN RIVER COUNTY; DELETING A PROVISION THAT A COUNTY COMMISSIONER WHO SERVES AS A MEMBER OF A COMMISSION OR BOARD CHAIRS] SUCH A COMMISSION ORBOARD% PROVIDING THAT EACH COMMISSION AND BOARD SHALL ELECT FROM AMONG ITS VOTING NTEMBERS A CHAIRMAN AND A VICE-CHAIRMAN: PROVIDIN{G THAT, EXCEPT AS OTHERWISE PROVIDED BY STATE OR FEDERAL LAW„ A COUNTY COMMISSIONER APPOINTED AS A REPRESENTATIVE OF THE BOARD OF COUNTY COMMISSIONER TO A COMMISSION OR BOARD SHALL BE THE BOARD'S NONI-VOTING LIAISON TO SUCH COMMISSION OR BOARD: AND PROVIDING FOR TREATMENT OF CONFLICTING PROVISIONS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE (continued from January 14, 2003) Deputy County Attorney William G. Collins II introduced this item Lnd gave its history. He commented on the additional information presented in the backup. He then responded to questions and there was a brief discussion about the committees that must, by law, be chaired by a Commissioner. March 11, 2003 12 The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Guy Barber, 1770 5" Court, spoke in favor of the proposed ordinance. Frank Caffey, 1200 Admirals Walk, as president of the Taxpayers o f Indian River County and speaking for their Board of Directors, advised that they strongly recommend adoption of this ordinance and recommend that each commission or boars report to the Board of County Commissioners at least once a year. (A copy of Mr. Coffey's prepared written remarks has been placed with the backup in the office of the Clerk to the Board.) Henry Fischer, Sebastian, endorsed Mr. Coffey's remarks and urged the Commissioners to adopt the proposed ordinance, put bright citizens on the committees, open committees to public input, and ensure they are not dominated by heavy personalities. Brian Heady, Vero Beach, believed that if the Commissioners are willing to trust members of the public enough to name them to committees, then they should trust them enough to elect their own chairman. Fred Mensing, Sebastian, suggested that the Commissioners need to consider the recent election because the citizens have spoken loud and clear. It was determined that no one else wished to be heard and the Chairman closed the public hearing. Commissioner Neuberger and Commissioner Lowther brought this proposed ordinance forward because of what they heard while campaigning for the election. Vice Chairman Ginn cautioned that this would not be a panacea. She realized the public is asking for this; she planned to support it and monitor it closely. If sl e finds it is March 11, 2003 13 r�A t,. z 1 w.... I .. ;:3 yV being mishandled, she will not hesitate to bring it back to the table. Commissioner Adams appreciated the breakdown (advisory or operational) of the committees in the backup. She believed operational committee meetings should be held only when there are operational problems. She saw a need for more master planning by the advisory committees and directional issues should be fed back to the Commission. This proposal will make the Commissioners' jobs easier and she was willing to try jl it. Chairman Macht suggested, rather than making all or nothing changes, that they look at the duties of each committee. He believed certain committees should be ex eluded from the ordinance and the rest chaired by an interested citizen. Commissioner Adams understood that Chairman Macht favored advisory committee members electing their own chairman and that operational committees should continue to have a Commissioner chair. Commissioner Adams made that a motion. (There was no second at this time.) Chairman Macht advised that he had only one call advocating support of this ordinance. He reiterated that he thought it a mistake to go for a wholesale change. He could support incremental changes. In order for Commissioners to remain informed, he recommended that committee actions be reported at the next Commission meeting with information advising of the motions made and general result in order to avoid learning about it in the newspaper. Vice Chairman Ginn suggested that Board and Commission reports be as ded to their agenda. Commissioner Adams indicated her support of incremental implementation of the proposal. She pointed out the need to sunset committees after their task is completed. She gave as an example the Beach & Shore Advisory Committee which was formea'. in 1992 to develop the Beach Management Plan. The Plan has been completed and is now being March 11, 2003 14 • implemented. Their meetings are generally informational, could be held quarterly, or updates could come directly to the Board from staff. MOTION WAS MADE SECONDED by Chairman by Commissioner Adams, Macht, for discussion, to incrementally implement citizen chairing advisory committees and the operational committees (as listed in the backup;i remaining with Commissioners as chairman. (See below* for specified boards.) For clarification, Commissioner Adams read aloud the list of "advisory" committees from the backup pages 152-171. Under discussion, Vice Chairman Ginn was concerned this would cause a lot of work for staff. Chairman Macht agreed and read his list of those committees that heavily interface with staff (which should retain a Commissioner as chair), as follows: *Public Safety Coordinating Council, Economic Development, Land Acquisition Advisory, Beach & Shore, Children's Services Advisory Committee, Parks & Recreation, Public Library Advisory Committee, Tourist Development Council (required), and Utilities Advisory Committee. Commissioner Adams indicated her support of this list. In response to Commissioner Lowther's questioning about separating these committees from the others, Chairman Macht explained it had to do interfacing with staff. Commissioner Lowther stressed that the ultimate decision on committee recommendations remains that of the Board of County Commissioners. Discussion ensued and Chairman Macht reiterated his concern about thrusting too much work on staff. March 11, 2003 15 THE CHAIRMAN CALLED THE QUESTION, the motion was re -stated, and failed by a 2-3 vote (Vice Chairman Ginn, Commissioners Lowther and Neuberger opposed). It was recommended that monthly reports of committee actions be given to the Board. ON MOTION by Commissioner Lowther, SECONDED BY Commissioner Neuberger, the Board adopted Ordinance No. M03- 010) as drafted by a 3-2 vote (Chairman Macht and Commissioner Adams opposed. (CLERK'S NOTE: CHAIRMAN MACHT ANNOUNCED A SH6RT RECESS AT 10:07 A.M. THE MEETING WAS RECONVENED AT 110:16 A.M. WITH ALL MEMBERS PRESENT.) 9,A.4. PUBLIC HEARING - PROPOSED PROJECTS - OPITIONAL ON&CENT SALES TAX (LOCAL OPTION SALES TAX} PROOF OF PUBLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Assistant County Administrator Baird reviewed the history of the 1 -cent optional sales tax and the memorandum dated March 4, 2003. He explained the allocat'.ons for the projects using information displayed by the overhead projector. He explained that the South County Park plan had been reduced but the maintenance figure was overstated on page 175 March 11, 2003 16 so a corrected page 175 was provided showing the significantly reds Iced amount. (CLERK'S NOTE: Revised page 175 filed with the backup for the meeting in the office of the Clerk to the Board.) (CLERK'S NOTE: THE BOOKLET ENTITLED "OPTIONAL SALES TAX PROGRAM FIRST FIVE YEARS" HAS BEEN, PLACED ON FILE WITH THE BACKUP IN THE OFFICE OF THE CLERK TO THE BOARD.) Commissioner Lowther inquired about the plans for South County Park, and Assistant Administrator Baird advised there will be additional facilities but nct a pool. The amount set aside is $600,000; the Commission will be decide what facilities will be there. Commissioner Adams pointed out there is a Master Plan and that � s one of the benefits of the committees. There has been a lot of support from the south county for a swimming pool. Assistant County Administrator Baird stressed that the needs' costs are greater than the projected funds. He pointed out that recreation is a Comprehensive Plan element and some projects have had to be moved into the future because the money was nDt available. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Fred Mensing, Roseland, suggested Indian River County look into a program (like the state of Delaware's) for purchasing the development rights of the groves to try to save some large agriculture areas, particularly in the eastern part of the county. He believed this would benefit future generations. John Williams, Smugglers Cove, thinks Indian River County has done .he best job of any coastal county in Florida. He proposed the Board leave the door open u6til citizens March 11, 2003 17 -� can make a comprehensive proposal on the purchase of land. He asked the Board to consider looking ahead 15 years by taking the money left in LAAC funds and consider the purchase of property as per Mr. Mensing's suggestion. He felt it would be advantageous to borrow the money and buy such property now because that land will be fast disappearing. He believed the community would support preservation of land that is so beautiful. When Chairman Macht questioned, Assistant Administrator Baird advisee the County could not use arbitrage on the bond interest for that purpose. Chairman Macht was not sure citizens would support another $15 million bond issue to preserve land. The LAAC has been able to leverage funds by combining with State and Federal monies. He. hoped the LAAC chairman will encourage another study toward a referendum. Commissioner Neuberger thought Mr. Williams should be the LAAC chairman, and Vice Chairman Ginn agreed he should at least be on the committee. In response to Vice Chairman Ginn, Assistant County Administrator Baird explained that a general obligation debt would have to go to referendum or the Board could proceed with a revenue bond without a referendum. Guy Barber was of the opinion that the County is going to build buildings, to lease space, to create shortage, to build new buildings. He cited as an example the County's lease of jail beds to Federal prisoners and suggested the County use the lease money to build and not use tax money. He opposed a branch library going to the Indian River Community College campus and argued it should be built in south Indian River County. Hie opposed the amount ofthe expense proposed for the Administration Building and opposed partnering with other government entities. He felt this Commission is trying to tie up the p:-oceeds of the 1 -cent sales tax for the next 19 years. Assistant Administrator Baird explained this is a 5 -year plan which the Board had March 11, 2003 18 r committed to; it must be voted on and approved every year at budget time. Hw specified that every year the Board will get to vote on how the 1 -cent sales tax is spent. He also explained the leasing of beds at the jail to Federal prisoners and the use of that income The need for expansion of the jail is to handle the increased population of women prisoners who must be kept separate from men. Chairman Macht explained that in the expansion plan, there is a plan t,O provide 200 1 beds for Federal prisoners because of the income derived. The income from ousing them is used to defray building and operating costs. The downside of not providing space is the Federal government will require us to release prisoners. The County is late in doing this jail expansion because the Board was not made aware of this need by the previous sheriff, we should have done it 3 years ago. He also remarked on the increase of women prisoners. Brian Heady, Vero Beach, thought the first thing to be done is to look behind the scenes to see actual needs. He asked if there were any adjustments made since the 9/11/01 downturn. Assistant County Administrator Baird explained that the County's budget is on target because the County projects 5% under the estimate from the State. Looking forward, the growth factor is very low on revenue projection because of the 9/11 slowing of the economy. It has been taken into consideration. Indian River County has no shortfall. Mr. Heady commented on his "30 -day study" at the jail and reported on his findings. He suggested that some of the prisoners should not be incarcerated at all but perhaps under house arrest or electronic monitoring. He minimized the need for expanding tf e jail, a new Administration Building, and beach renourishment; he suggested the $30 million should be used for something else, perhaps a tax reduction. He denigrated certain housing projects, roadway improvements, beach renourishment, and suggested the School Board building be utilized for additional space for the Administration Building. March 11, 2003 19 U.i 1 Frank Zorc, 1695 20`h Avenue, thanked Assistant County Administrator Baird for attempting to get an answer to his question pertaining to the use of I -cent optional sales tax on beach sand pumping. He read a paragraph from State law defining infra:,tructure as a capital project having a life expectancy of 5 or more years. He questioned whether life expectancy of 5 or more years was ever discussed by the Board with regard to sand pumping. He has not gotten an answer and still wants to know how the County is able to prove compliance with State law. He read from beach study reports and opined that technical evaluators have not proven it. He asked that someone respond to him to show him where his objection (failure of compliance with the law) to sand pumping is in error. Vice Chairman Ginn specified that can be found in ATM's (our consultant) report that all projects are expected to last at least 5 years and some as long as 8 years. She has been to 3 beach & shores seminars where she learned that there is an equilibrium and eventually the sand that washes out will wash back in; but when beaches are sand -starved this will not happen. Vice Chairman Ginn pointed out that Miami is having a boom because of their beaches but specified that maintenance is involved. Other examples sh a. cited were in North Carolina, Amelia Island, and Boca Raton, Mr. Zorc stressed there is a reason, Miami has an entirely different Nvave action which allows it to last as long as it has. Commissioner Adams understood the issue here is not the beach nourishment but whether or not the $2 million falls within the legal parameters of expending the .i. -cent sales tax for capital infrastructure. She advised it has been determined statewide That it does which is the assurance she considered appropriate. She does not ask the State for written evidence; if they consider it legally possible, that is all they need to tell her. Bibble Irvin, Vero Beach, mentioned that the Melbourne sand has completely washed away. The ocean is already swiping the sand from our project and the Ft. Pierce March 11, 2003 sand is gone. He agreed that different beaches respond differently to sand pumping. But to say that sand will be on our beaches for 5 years is overdoing it. He stij 1 believed our beaches are not eroding as badly as people think they are. He closed by saying; he would like to be on the Beach Advisory Committee. Frank Coffey, 1200 Admirals Walk, advised he is President of the Taxpayers Association and was speaking for the Board of Directors. They are pleased this hearing was scheduled and commented the process is not so different from the annual budget hearings. They recently reviewed the entire material regarding the capital projects for the first 5 years. The Board of Directors established 4 categories for these projects. Under their first category (endorsement) they endorsed the new Administration Building but were concerned there may not be sufficient funds to finish it. They endorsed but questioned the need for replacement of the Courthouse chillers so soon. They endorsed but looked for justification for the Parks Maintenance Facility and the Public Works Facility projects. They endorsed road improvements but wanted to see a priority list established. They also endorsed the jail expansion, but wanted an explanation to justify the need. They endorsed stormwater projects but a priority listing should be established. They endorsed the Landfill project in south Gifford, but questioned if there might be Federal assistance available. They endorsed the fiber network expansion but wanted to know more specifics on what areas will be included. They endorsed the Courthouse phone system and looked for data to eupport such a need. They supported the reserve for contingency but wanted to know hove, the amount was determined. Under their second category, they asked for adequate infohmation and justification concerning Jaycee, Conn, and Humiston Beach restorations, Emergency Service's Stations #12 and #13 expenditures, 800 MHZ radio station, branch library costs, and West Regional Park. Their third category is projects they do not support: a pool complex at South County Park because there are other pools available. They also felt that March 11, 2003 21 LO North County Park ballfields are not justified because other ballfields are avr ilable. Their final category are those projects they consider "wish list" items including Wabasso, Golden Sands, Treasure Shores, Sebastian Inlet - Ambersand Beach, expanded office space for the Clerk and Judiciary, a Judicial Courthouse Annex, a remodel of Courtroom #8, purchase of park land, Golden Sands Park, skeet trap fields, and a "lazy river". They recommended a Sales Tax Review Committee be established under Assistant Administrator Baird to 1) analyze purpose and cost, 2) establish priority ratings, and 3) submit same to the Board of County Commissioners in 9 months. (CLERK'S NOTE: Mr. Coffey's written notes are on file with the backup in the office of the CIerk to the Board.) Assistant County Administrator Baird advised that a lot of "wish list" items have been cut already. Chairman Macht asked about the Clerk's expansion, and Assistant Administrator Baird advised that has been cut. Crystal Baujeaux, a newcomerto Vero Beach, condemned the inapproFriate humor regarding the increased women's jail population. It was determined that no one else wished to be heard and the Chairman closed the public hearing. ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the proposed projects for the period of October 1, 2004 through September 30, 2009, as discussed and recommended by staff. March 11, 2003 22 9.B.I. PUBLIC DISCUSSION ITEM — HENRY FISCHER — THE ISSUE OF AMBERSAND I AND II Mr. Fischer was not present when his name was called. Mal PUBLIC DISCUSSION ITEM — DICK STARK — SECOND PROGRESS REPORT — TREASURE COAST HOMELESS SERVICES COUNCIL, INC, Dick Stark, Palmetto Point, Indian River Shores, chairman of the Treasure Coast Homeless Services Council, presented a very comprehensive report to the Board which included a history and data concerning needs for homeless services, highlighted the grants received, and recounted the establishment of programs in 2 locations in Indian River County. His report included information on the Council, its members, the many accomplishments, and he credited Louise Hubbard for obtaining 14 granu5 of over $2 million in the first 2-1/2 years from HUD and private sources. He advised of the acquisition of properties and recent expansion of the facility at 720 41" Street. He also spoke of the programs available at 2525 St. Lucie Avenue, a building leased from the County for 30 years and for which the Council spent $50,000 for renovations. This location, after a slow start, now has offices for a case manager and 5 other service providers. He advised of the three -county continuum and that there is a website in process which will 1:e located at "Tchelpspot.org." In conclusion, Mr. Stark pointed out this success would not have happened without the initiative and support of the Board of County Commissioners in working toward addressing the homeless problem in Indian River County. He hoped the Council's accomplishments will continue to merit the Commissioners' support. Vice Chairman Ginn congratulated Mr. Stark on the Council's amazing accomplishments. March 11, 2003 Chairman Macht noted the coalescing factor of finding the needs, eliminating duplication, and bringing caregivers together. (CLERK'S NOTE: CHAIRMAN MACHT CALLED A SHORT RECESS AT 11:50 A.M. MEETING WAS RECONVENED AT 12:01 P.M. WITH ALL MEMBERS PRESENT EXCEPT COMMISSIONER ADAMS WHO ARRIVED WHILE MR. GORHAM WAS SPEAKING ON ITEM I I ,G.1.) 9.C. PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED FOR MARCH 18, 2003 1. THE COLONY: REQUEST TO REZONE APPROXIMATELY 297 ACRES OF PROPERTY TO PD (PLANNED DEVELOPMENT). AND MODIFY THE PROJECT'S PD PLAN TO ELIMINATE THE PREVIOUSLY APPR O VED GOLF COURSE. PROVIDE MORE UPLANDS VEGEi"ATION B UFFERS. MO VE SOME RESIDENTIAL L O TS CL 0 ER fi0 THE PROJECT'S PERIMETER, ELIMINATE THE 43RD AVENUE ACCESS. AND ADJUST THE PHASING. NO INCREASE IN UNITS OR DENSITY IS PROPOSED. TIDE SITE IS LOCATED BETWEEN 27TH A VENUE AND 43RD AVENUE, AND 13TH STREET SW AND 17TH STREET SW March 11, 2003 24 a.'ti a la d T The Chairman read the above notice into the record. ll.G.l. BEACH RESTORATION - ARTIFICIAL REEF GRANT AGREEMENT FWCC-02105- FLORIDA FISH AND WILDLIFE CONSERVATION TECHNOLOGY COMMISSION - FLORIDA INSTITUTE OF MOTION WAS MADE by Vice Chairman Ginn, SECONDED by Commissioner Lowther, to accept the grant with the conditions. Under discussion, Chairman Macht wondered why we have to study this since we all know a reef will attract fish. Coastal Resources Manager Jonathan Gorham, Ph.D. responded that this project is a cooperative effort between the local sport fishing club, Sebastian Inlet Sport Fishing Association, the County, and Florida Institute of Technology. While we are all pretty sure that when you build a reef, the fish will come, this project is really comparing the fish population on reefs that are heavily fished versus reefs that are not fished at all. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. (Grant Agreement FWCC-02105 approved with funding from the Beach Restoration Fund, as recommended in the memorandum.) March 11, 2003 COPY OF PARTIALLY EXECUTED GRANT AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 25 11.11.1. CENTRAL WASTEWATER TREATMENT '.,+ACILITY. (WWTF) AND REGIONAL SLUDGE PROCESSING FACILITY PROCESS ODOR STUDY PRESENTATION - PROCEED WITH PRELIMINARY IMPROVEMENTS - CDM (CAMP DRESSER &. MCGEE). WGC, AND PBS&J (POST BUCKLEY SCHUH & JERNIGAN) Utilities Director W. Erik Olson reviewed the memorandum re sludge treatment facility and clarified that the wastewater plant is a separate entity from the sludge facility. In the process of working toward a correction of the odor and working witfl the Utilities Advisory Committee, they put together a partnership with the Gifford Progressive League. Joe Idlette and Victor Hart were a big help in this process. PBS&J was hired; Larry Hentz, an engineer with PBS&J and also an elected official, was introduced to .make their report for working on both facilities. Lawrence H. Hentz, Jr., P.E., D.E.E., Vice President of PBS&J, replorted on the study which began with a measuring of the odor of various sulphur compound odors and olfactory tests. To illustrate his remarks he projected photographs and other data for all to see. The purpose was to measure odorous compounds coming from each source and then develop approaches to reduce the odor emissions and thus reduce offsite odor impacts. He gave information on sulfur and the ability of a human being to detect it. He also detailed study objectives; odor detection threshold, probable odor sources, area of odor permeation, types of equipment used, and the recommended improvements to reduce the odors. They are hoping for a 95% solution but at least a 90% reduction in the odor. Their cfTproach is fundamentally sound and scientific and they have recommended the best technology available. (CLERK'S NOTE: A printed copy and CD Rom with Mr. Hertz's visual presentation is on file with the backup in the office of the Clerk to the Board.)', Director Olson commented on the odor depiction on the aerial photograph; displayed by Mr. Hentz. He supported their recommendations. There will be options fo'� others to March 11, 2003 we create regional facilities in the future, but unfortunately they are 2 years c own the road before anything would ever happen. There is no guarantee it will be perfect. His recommendation was to accept the report and direct staff to bring back another proposal at the beginning of the month to move forward with these improvements. In response to Commissioner Neuberger, Director Olson advised that existing conditions were used. He mentioned the City of Vero Beach and options that have been explored and advised that the real problem is the septage and grease received. He anticipated that the County will need to tighten up on septage and grease we receive. He believed additional sludge, if the City partners with the County, will not a problem. Mr. Hentz and Director Olson responded to several questions of Commissioner Neuberger with regard to the quantity of sludge being imported and some measures which have already been taken recently to somewhat (30% improvement) reduce the odor. Director Olson believed that when the moratorium (on sludge) issue comes back to the Board his recommendation will be to continue it until we get the improvements in place. Also, they may get a recommendation for a more constrained set of requirements on acceptance of outside septage and sludge that would be coming into the Cou -ity. Vice Chairman Ginn mentioned that the Utilities Advisory Committee voted unanimously to recommend that we do all the improvements. Victor Hart, Sr., 4635 34`h Avenue, advised that the odor is much better than before. He advised of a meeting when citizens reported that things were better. He appreciated the Commissioners allowing Director Olson to work on this and advised that his heart is in the right place. ON MOTION by Commissioner Lowther, SECONDED BY Commissioner Adams, the Board unanimously authorized the March 11, 2003 27 n 3 Department of Utility Services to move forward With preliminary improvements and future authorizations to be brought back before the Board of County Commissioners for PBS&J odor control improvements at the Central WWTF and Sludge Facility, as recommended in the memorandum. COPY OF INDIAN RIVER COUNTY CENTRAL WWTP ODOR CONTROL STUDY IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.11.2. RELOCATION OF WATER MAIN ALONG 38TH LANE TO ASSIST THE COUNTY'S ROAD & BRIDGE DEPARTMENT STORMWATER PROGRAM - WORK AUTHORIZATION DIRECTIVE TO LABOR CONTRACTOR GEORGE FRENCH ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously authorized the Chairman to execute the Work Authorization Directive to George French for an estimated labor cost of $4,841.49, as requested in the memorandum. WORK AUTHORIZATION DIRECTIVE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12.A. BRIAN WEST PROPERTY - WESTCO DEVELOPMENT - 10 - FOOT RIGHT-OF-WAY STRIP AT THE NORTHWEST INTERSECTION OF ROSELAND ROAD AND US #1 (continjAed from March 4. 20031 This item was deferred to April 8th. March 11, 2003 28 13.A. CHAIRMAN MACHT - LEGISLATIVE MEDICAID BULLETIN Chairman Macht advised that Penny Chandler has gone to Tallahassee to take the County's concerns before Legislators. 13.E. COMMISSIONER NEUBERGER - PRESENTATION OF UNITED WAY TORCHBEARER PLAQUE WHICH HE ACCEPTED ON BEHALF OF INDIAN RIVER COUNTY Commissioner Neuberger advised that he attended the wrap-up meeting of the United Way and, as the senior official present, accepted Torchbearer plaques for both the County and the City of Vero Beach. Human Resources Director Jim Carnicella accepted the plaque from Commissioner Neuberger on behalf of the County's employees and assured that it would be hung where the employees would see it. 14.A. EMERGENCY SERVICES DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene as the Board of Commissioners of the Emergency Services Dis .rict. Those Minutes are being prepared separately. 14.B. SOLID WASTE DISPOSAL DISTRICT None. None, March 11, 2003 29> F I 1 0 i% 4 9 . ALL BACKUP DOCUMENTATION, RESOLUTIONS, ORDINANCES, AND CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES There being no further business, upon motion duly made and seconded, the Chairman adjourned the meeting at 12:30 p.m. ATTEST: Jeffrey K. Barton, Clerk Minutes approved March 11, 2003 cW Kenneth R. Macht, Chairman