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Home My WebLink About5/13/2003MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA TUESDAY, MAY 139 2003 - 9:00 A.M. County Commission Chamber County Administration Building 184025 1h Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS Kenneth R. Macht, Chairman District 3 Caroline D. Ginn, Vice Chairman District 5 James E. Chandler, County Administrator Fran B. Adams District 1 William G. Collins II, County Attorney Thomas S. Lowther District 4 Kimberly Massung, Executive Aide to BCC Arthur R. Neuberger District 2 Jeffrey K. Barton, Clerk to the Board BACKUP 9:00 a.m. 1. CALL TO ORDER PAGES 2. INVOCATION Pastor Charlie Cox, Retired, Our Savior Lutheran Church 3. PLEDGE OF ALLEGIANCE Assistant County Attorney Marion E. Fell 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Addition: 7.0. Request for Joint Resolution for Treasure Coast Council of Local Government (TCCLG) Deferred: 10. Request of Sunshine Rehabilitation Center of Indian River County for Lease Extension Revision 11.C.2. Contract to Provide Architectural/Engineering Services for Design of the New Indian River County Administration Complex with Donadio and Associates, Architects, P.A. (Page 206) 5. PROCLAMATION and PRESENTATIONS A. Presentation of Proclamation Designating Week of May 12- 173 2003 as Family Literacy Week 1 B. Presentation of Proclamation Designating Indian River County as a Sun Safe Community 2 6. APPROVAL OF MINUTES A. Regular Meeting of April 22, 2003 TIT. IT ;' 'TT IT IT IN I IT IT ' IT 1 "�� IT TIT.' b IT I IT Tr- TIT. IT ;' 'TT IT BACKUP 7. CONSENT AGENDA PAGES A. Received and placed on file in office of Clerk to the Board: Sheriffs DUI Improvement and Immobilization Trust Fund Report — 2nd Quarter FY 2003 B. Approval of Warrants (memorandum dated May 1, 2003) 3-12 C. Annual County Tax Deed Applications (memorandum dated May 2, 2003) 13-14 D. Out -of -County Travel for Commissioner Neuberger to attend the County Government Roles and Responsibilities Workshop — May 23, 2003 (memorandum dated May 6, 2003) 15-17 E. Transportation Agreement with School Board (memorandum dated May 5, 2003) 18-22 F. Temporary Water Service Agreement between Indian River County and Ernest S. Marino and Cheryl A. Marino (memorandum dated May 5, 2003) 23-28 G. Resolution in Support of Opposing the Removal of the Tariff on Imported Citrus Products (memorandum dated May 7, 2003) 29-31 H. Settlement — Estate of Franklin S. Taylor and Ralph S. Taylor, Personal Representative v. Indian River County (memorandum dated May 7, 2003) 32-42 I. Investment Report (memorandum dated May 6, 2003) 43-89 J. Miscellaneous Budget Amendment 008 (memorandum dated May 6, 2003) 90-97 K. IRC Bid #5052 Whippoorwill Estates Water Assessment Project (Utilities Dept.) (memorandum dated April 28, 2003) 98-101 L. Approval of Bid Award and Sample Agreement for IRC Bid #5046 Florida Ridge Subdivision Water Assessment Project (Utilities Dept.) (memorandum dated April 28, 2003) 102-135 4 t. a '.�'6•-�"' sa-$ s 5 •t;='".,lk & 'i IfS,F._,r,v a' it•t`t P- t - ) k a „ -- ? r t ' <• s -s ' x ', - '� �,, .,a�'`-•-ate`' -- - - 'r •, -'ae�.t W.} .,d'v`g'l e�` rvityW,y" '?y`w'x'1,, y�,r.a R jfr.�c 4# `'' ^&' ,�,$� r�.tf'.,`.•�',C x ... �'i"� - a"it�i;. � .r,{ ) .,. R r�,.a_'.Fu" ^Ha h"�?,' rfE �T'�. 5��."{i"x �c".', •. S�t� S �-, BACKUP 7. CONSENT AGENDA (cont'd.): PAGES M. Change Order #2 Indian River County Jail Re -Roofing Proj ect (memorandum dated May 6, 2003) 136-140 N. Approval of Cash Deposit and Escrow Agreement for 1 -Year Warranty of Utility Improvements — Ron Adamson (Sebastian Car Wash II) (memorandum dated May 7, 2003) 141-148 O. Request for Joint Resolution for Treasure Coast Council of Local Government (TCCLG) (add on) 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Consideration of Proposed Indian River County Interlocal Agreement for Public School Planning (Legislative) (memorandum dated May 7, 2003) Be PUBLIC DISCUSSION ITEMS 1. Request from Brian T. Heady to address issues relating to the tax burden and expenditures (letter dated May 7, 2003) C. PUBLIC NOTICE ITEMS None 10. COUNTY ADMINISTRATOR'S MATTERS A. Sunshine Rehabilitation Center of Indian River County Lease Extension (memorandum dated May 7, 2003) 11. DEPARTMENTAL MATTERS A. Communitv Development 1. Board Consideration of Proposed Revisions to the Land Acquisition Guide (deferred from January 21, 2003 Commission meeting) (memorandum dated May 6, 2003) Be Ememencv Services None s` 3 Ct..XR t 7. S If fL lff L" llf -llf ti If j P 149-170 171 172-180 181-189 s` 1.�`4�"'� BACKUP 11. DEPARTMENTAL MATTERS (cont'd.). PAGES C. General Services 1. Outsourcing Probation Services with The C.O.R.E. Program, Inc. (Comprehensive Offender Rehabili- tation & Education) (memorandum dated May 5, 2003) 190-201 2. AIA B 141 Standard Form of Agreement Between Owner and Architect with Standard Form of Archi- tect's Services — Contract to Provide Architectural/ Engineering Services for design of the New Indian River County Administration Complex with Donadio and Associates, Architects, P.A. (memorandum dated May 13, 2003) 202-232 D. Leisure Services None E. Office of Management and Budget None F. Human Resources None G. Public Works 1. Road Right -of -Way: 1) CR512 Phase 3 — Roseland Road to the Sebastian River Middle School 4 -Lane Widening; and 2) 41" Street — 43`d Avenue to 58h Avenue — 3 Lane Widening (memorandum dated May 6, 2003) 233-246 H. Utilities None I. Human Services None 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Commissioner Kenneth R. Macht, Chairman 4 f _ - b S-. P •� i _ 9U _ - - - - - -4, P,, J. =i BACKUP 13. COMMISSIONERS ITEMS (cont'd.): PAGES Be Commissioner Caroline D. Ginn, Vice Chairman C. Commissioner Fran Be Adams D. Commissioner Thomas S. Lowther E. Commissioner Arthur R. Neubereer 14. SPECIAL DISTRICTS/BOARDS A. Emeraencv Services District None Be Solid Waste Disposal District 1. Class I Landfill Operations Management & Post Closure Contract (memorandum dated May 5, 2003) 247-248 C. 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: htti)://www.irc2ov.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 continuously Thursday 1: 00 p. m. until Friday morning and Saturday 12: 00 noon until 5: 00 p. m. Meeting broadcast same as above on Comcast Broadband, Channel 27 in Sebastian. 7777 t f _ - b S-. P •� i _ 9U _ - - - - - -4, P,, J. =i BACKUP 13. COMMISSIONERS ITEMS (cont'd.): PAGES Be Commissioner Caroline D. Ginn, Vice Chairman C. Commissioner Fran Be Adams D. Commissioner Thomas S. Lowther E. Commissioner Arthur R. Neubereer 14. SPECIAL DISTRICTS/BOARDS A. Emeraencv Services District None Be Solid Waste Disposal District 1. Class I Landfill Operations Management & Post Closure Contract (memorandum dated May 5, 2003) 247-248 C. 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: htti)://www.irc2ov.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 continuously Thursday 1: 00 p. m. until Friday morning and Saturday 12: 00 noon until 5: 00 p. m. Meeting broadcast same as above on Comcast Broadband, Channel 27 in Sebastian. W i IL -a101, ^ a INDEX TO MINUTES BOARD OF COUNTY COMMISSIONERS MEETING OF MAY 139 2003 1. CALL TO ORDER ................................................. 1 2. INVOCATION....................................................1 3. PLEDGE OF ALLEGIANCE 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ..... 1 5. PROCLAMATIONS AND PRESENTATIONS ...... I ................... 2 5.A. Presentation of Proclamation Designating Week of May 12-17,2003 as Family Literacy Week .................................0000.... 2 5.13. Presentation of Proclamation Designating Indian River County as a Sun Safe Community 2 6.A. APPROVAL OF MINUTES - APRIL 22 , 2003 ... I ...................... 3 7. CONSENT AGENDA .............................................. 3 7.A. Report Placed on File in the Office of the Cleric to the Board .......... 3 7.13. Approval of Warrants ............. 0.. 0 .......... 0 ............. 3 7.C. Annual County Tal Deed Applications - Payment Authorized to Clerk of Court Jeffrey K. Barton . 0 ........ 0 ..... 0 ........ 0 ........ 0 0 0 0 0. 4 7.D. Out -of -County Travel for Commissioner Neuberger to Attend the County Government Roles and Responsibilities Workshop - May 23, 2003 in Tallahassee..................................................4 7.E. Summer Recreation Program - Transportation Services Agreement Nvith School District of Indian River County ...... 5 7.F. Temporary Water Service Agreement - Ernest S. and Cheryl A. Marino - 4105 61st Avenue............................................5 7.G. Resolution No. 2003-055 Opposing the Removal of the Tariff on Imported Citrus Products..............................................6 777 i i v y . - - �- ._ S✓'",p -< > :'': '- w 1. ... - . .' r- ti �,I L / TH. Settlement of Lawsuit - Estate of Franklin S. Taylor and Ralph S. Taylor, Personal Representative v. Indian River County - Statutory County Deed of Property at Lot 11, Block 9, VERO BEACH ESTATES to Robert E. Taylor and Marilyn L. Taylor, His Wife .......... I ................ 6 7.1. Investment Advisory Committee's Quarterly Report and Amended Investment Policy............................................7 7.J. Resolution No. 2003-056 - Miscellaneous Budget Amendment 008 ..... 7 7.K. Bid #5052 - Whippoorwill Estates Water Assessment Project (Utilities Department) ............ ..... .................. 7 7.L. Bid #5016 - Florida Ridge Subdivision Water Assessment Project (Utilities Department) - Treasure Coast Contracting, Inc. - Approval of Proposed Agreement..................................................8 7.M. Indian River County Jail Re -Roofing Project - Change Order #2 - The Roof Authority (Edlund Dritenbas Binkley Architects) .. I ................ 8 7.N. Cash Deposit and Escrow Agreement for 1 -Year Warranty of Utility Improvements - Bill of Sale - Ron Adamson - Sebastian Car Wash II at 13020 U.S. Hwy #1 ........................................... 9 7.0. Preparation of Resolution Concerning Incorporation of the Treasure Coast Council of Local Governments (Other Members: Cities of Ft. Pierce, Port St. Lucie, Stuart, Vero Beach, Sebastian, Okeechobee, Towns of Sewall's Point, Indian River Shores, and Jupiter Island [Florida Municipal Corporations]; and Counties of Martin, Okeechobee, and St. Lucie [Political Subdivisions of the State of Florida]) ..................... 9 9.A.1. PUBLIC HEARING - INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL PLANNING - INDIAN RIVER COUNTY - SCHOOL BOARD OF INDIAN RIVER COUNTY - CITY OF FELLSMERE - CITY OF SEBASTIAN - CITY OF VERO BEACH ................... I ..... I ......... I ........... 10 9.13.1. PUBLIC DISCUSSION ITEM - BRIAN T. HEADY - ISSUES RELATING TO THE TAX BURDEN AND EXPENDITURES .......................... 12 10,A. SUNSHINE REHABILITATION CENTER OF INDIAN RIVER COUNTY - LEASE EXTENSION REQUESTED/DENIED ................... 12 I I.A.1. PROPOSED REVISIONS TO THE LAND ACQUISITION GUIDE (NOW TO BE CALLED: INDIAN RIVER COUNTY ENVIRONMENTAL LANDS PROGRAM GUIDE) (deferred from January 21,2003) .........................................13 77 :77 7rI`77 41 to° 'i' - a- 7 v 3 fvr r aN - V Y - - - - , - - 1 Lc' 1. OUTSOURCING MISDEMEANOR PROBATION SERVICES WITH THE C.O.R.E, PROGRAM, INC. (COMPREHENSIVE OFFENDER REHABILITATION & EDUCATION) - CONCEPT APPROVED .... 15 11.C.2. NEW COUNTY ADMINISTRATION COMPLEX - DONADIO AND ASSOCIATES, ARCHITECTS, P.A. - CONTRACT TO PROVIDE ARCHITECTURAL/ENGINEERING SERVICES FOR DESIGN - AIA B 141 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT WITH STANDARD FORM OF ARCHITECT'S SERVICES 17 I LG, 1. BEGIN EMINENT DOMAIN SERVICES SELECTION PROCESSES ON ROAD RIGHTS-OF-WAY REQUIRED FOR ROAD WIDENING PROJECTS: (1) CR512 PHASE 3 - ROSELAND ROAD TO SEBASTIAN RIVER MIDDLE SCHOOL (4 -LANE); AND (2) 41 ST STREET - 43RD AVENUE TO 58TH AVENUE - (3 -LANE) - PROPERTIES REMAINING TO BE ACQUIRED: RONALD M. ANSIN, DELISLE, COULTAS, WILLIE WILSON, AND INDIAN RIVER INDUSTRIAL CENTER PROPERTY . ................. 1 ...... 19 14.A. EMERGENCY SERVICES DISTRICT .............................. 1 19 14.B. SOLID WASTE DISPOSAL DISTRICT .............................. 20 14.C. ENVIRONMENTAL CONTROL BOARD ............................ 20 A 3 May 13, 2003 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25`" Street, Vero Beach, Florida, on Tuesday, May 13, 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; Marian E. Fell, Assistant 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 Pastor Charlie Cox, Retired, (on behalf of Our Savior Lutheran Church) delivered the invocation. 3. PLEDGE OF ALLEGIANCE Assistant County Attorney Fell led the Pledge to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Macht announced the following changes to the agenda: addition of Item 7.0., a request for the County Attorney to prepare a joint resolution concerning the May 13, 2003 1 bit i r - Ibt) d incorporation of the Treasure Coast Council of Local Governments as a corporation not for profit; the deferral of Item 10; and additional information received on Item I I.C.2., a revision of page 3 on the Agreement with Donadio & Associates, Architects, P.A. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously made the above changes to the agenda. 5. PROCLAMATIONS AND PRESENTATIONS 5.A. Presentation o f Proclamation Designating Week of May 1247.. 2003 as Family Literacv Week Commissioner Lowther read the proclamation and presented it to Lori Smidebush who accepted it with thanks on behalf of Literacy Services of Indian River County, Inc. She advised that they hope to further educate the parents in the county to read to their children. They are having a community book drive this week. The Vero Beach Dodgers are supporting the effort by giving a voucher for a game (with $1 payment) on May 17' for each book that is donated. 5.B. Presentation ofProclamation Designating Indian River Countv as a Sun Safe Comm un itv Commissioner Adams read the proclamation. It was presented to Ms. Yolanda Lucas, PE Coach from Osceola Magnet School. Ms. Lisa Angell introduced Kaylani Pierce, a 4" grader at Osceola Magnet. Ms. Angell advised that there is a countywide skin cancer education program thanks to Coach Lucas and the other PE teachers in the county. Fourth May 13, 2003 2 graders are given hats by ACS which were purchased by a private bequest here in Indian River County. The education program teaches about the prevention of skin cancer because it is now known that there is a direct connection between sunburns and sun damage during childhood and skin cancer later. She also advised that there is an alarming all time high count in the USA for melanoma, the worst type of skin cancer. She urged everyone to take preventive measures for protection of the skin from the sun. 6.A. APPROVAL OF MINUTES - APRIL 22 .2003 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of April 22, 2003. There were none. ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the minutes of April 22, 2003, as written and distributed. 7. CONSENT AGENDA 7.A. Report Placed on File in the Office of the Clerk to the Board Sheriff's DUI Impoundment and Immobilization Trust Fund Report - 2°d Quarter FY 2003 NO ACTION REQUIRED OR TAKEN. 7.B. Approval of Warrants May 13, 2003 3 ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the list of warrants issued by the Clerk for the period April 25 -May 1, 2003, as requested 7.C. Annual Countv Tax Deed Applications - PavmentAuthorized to Clerk of Court Jeffrev K. Barton ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously authorized payment to the Clerk of Court in the amount of $8,853.33, as requested in the memorandum. 7.D. Out -of -County Travel for Commissioner Neuberger to Attend the Countv Government Roles and Responsibilities Workshop - Mav 23, 2003 in Tallahassee ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously granted permission for out -of -county travel for Commissioner Neuberger to attend the County Government Roles and Responsibilities core curriculum workshop in Tallahassee on May 23, 2003, as requested. May 13, 2003 n 7.E. Summer Recreation Program - Transportation Services Agreement with School District of Indian River Countv ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved Transportation Services Agreement with School District of Indian River County and authorized the Chairman to execute same, as recommended in the memorandum. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.F. Temvorary Water Service Agreement - Ernest S. and Chervl A. Marino - 4105 61st Avenue ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved Agreement with Ernest S. Marino and Cheryl A. Marino, as recommended in the memorandum. RECORDED AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD May 13, 2003 5 { i J 0 Y 7. G. Resolution No. 2003455 Opposing the Removal ofthe Tariffon Imported Citrus Products ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously adopted Resolution No. 2003-055 opposing the removal of the tariff on imported citrus products. Z.H. Settlement of Lawsuit - Estate of Franklin S. Tavlor and Ralph S. Taylor. Personal Representatives v. Indian River County - Statutory Countv Deed of Property at Lot 11, Block 9, VERO BEACH ESTATES to Robert E. Tavlor and Marilvn L. Tavlor. His Wife ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously authorized the Chairman to execute the statutory County Deed on behalf of the Board of County Commissioners, as recommended in the memorandum. May 13, 2003 COPY OF DEED IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.I. Investment Advisory Amended Investment Poliev Committee's Ouarterlv Report ON MOTION by CommissionerAdams, SECONDED BY Vice Chairman Ginn, the Board unanimously accepted the Investment Advisory Committee's Quarterly Report and approved the Amended Investment Policy, as recommended in the memorandum. and 7.4 Resolution No. 2003456 - Miscellaneous Budget Amendment 008 ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously adopted Resolution No. 2003-056 amending the fiscal year 2002-2003 budget (Amendment 008). 7.K. Bid #5052 - Whippoorwill Estates Water Assessment Project (Utilities Department) ON MOTION by Commissioner Adams. SECONDED BY Vice Chairman Ginn, the Board unanimously rejected all bids (lowest bid was over the budgeted amount), directed staff to make minor redesign and revisions to the specifications after which the project shall be re -bid, as recommended memorandum. May 13, 2003 V/ in the i , _Ij J ? U sw U. Bid #5046" Florida Ridge Subdivision Water Assessment Project (Utilities Department)- Treasure Coast Contracting. Inc. -Approval of Proposed Agreement ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously awarded Bid #5046 to Treasure Coast Contracting, Inc., in the amount of $493,018.90, approved the proposed sample agreement, and authorized the Chairman to execute the agreement when required performance and payment bonds have been submitted along with appropriate certification of insurance and the County Attorney has approved the agreement as to form and legal sufficiency, as recommended in the memorandum. is AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WI I I✓'. ,` Fi Z M. Indian River County Jail Re -Roofing Protect - Change Order #2 - The Roof Authority (Edlund Dritenbas Binklev Architects) ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved Change Order No. 2, in the amount of $2,016.00, increasing the contract with The Roof Authority to $182,996.28, with no increase in time, as recommended in the memorandum. The additional funding shall come from Local Option Sales Tax. May 13, 2003 DOCUMENTATION WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED E.1 7.N. Cash Deposit and Escrow Agreement for 1 -Year Warranty of Utility Improvements - Bill of Sale - Ron Adamson - Sebastian Car Wash Hat 13020 U.S. Ilwv #1 ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the Cash Deposit and Escrow Agreement with Ron Adamson, in the amount of $1,155.25, and authorized the Chairman to execute same, as recommended in the memorandum. COPY OF CASH DEPOSIT AND ESCROW AGREEMENT AND COPY OF BILL OF SALE OF UTILITY FACILITIES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.a Preparation of Resolution Concerning Incorporation of the Treasure Coast Council of Local Governments (Other Members. Cities of Ft. Pierce, Port St. Lucie, Stuart, Vero Beach, Sebastian,. Okeechobee, Towns of Sewall's Point, Indian River Shores, and, Jupiter Island (Florida Municipal Corporationsl; and Counties of Martin. Okeechobee, and St. L ucie [Political Subdivisions ofth e State of Floridal) ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously directed the County Attorney's Office to prepare a joint resolution similar to the sample presented to be brought back for approval on May 20, 2003, as requested. May 13, 2003 9 9.Ao l o PUBLIC HEARING — INTERLOCAL AGREEMENT FOR. PUBLIC SCHOOL PLANNING — INDIAN RIVER COUNTY — SCHOOL. BOARD OF INDIAN RIVER COUNTY — CITY OF FELLSMERE — CITY OF SEBASTIAN — CITY OF VERO BEACH, PROOF OF PUBLICATION Is ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Robert Keating reviewed the memorandum using a Power Point presentation. He advised that Indian River County has an August 1 st deadline for submitting their agreement to the State. He reviewed the following major sections of the agreement: Committees, Joint Meetings, Student Enrollment projections, coordinating and sharing of information, school site selection, school facility modifications, Comprehensive Plan amendments, rezoning and development approvals, educational facilities report and 5 - year district facilities work program, co -location and shared use, resolution of disputes, oversight process, the amendment process and term of the agreement. He recommended approval of the agreement and authorization for the Chairman to sign it. Chairman Macht saw no necessity nor desirability of having a representative of the Regional Planning Council on the Elected Officials Oversight Committee (EOOC); if we need their input, we can ask for it. Vice Chairman Ginn disagreed and advised that the RPC under the leadership of Mike Busha is very county- and region -friendly and is there to serve and to help. She offered additional information and Chairman Macht withdrew his objection based on Vice Chairman Ginn's comments. Commissioner Lowther and Commissioner Neuberger will be attending the next meeting in Vice Chairman Ginn's absence. Chairman Macht commented that the School Board and the County have cooperated and offered accommodations for years in the siting of new schools. May 13, 2003 10 Commissioner Neuberger commented that we have been cooperating since 1986 and now the Legislature requires it, thus creating another layer of bureaucracy. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Brian T. Heady, Vero Beach, commented that although the State mandates, the County and the School Board will do what they want. He thought Indian River County has done a good jab, but the School Board members have a history of not cooperating with the County. He urged the County to make this agreement as simple and non-binding as possible in order to not tie their hands. Rene Renzi, 340 E. Waverly Place, hoped future planning will eliminate all the portable classrooms she presently sees in the county. She also suggested the North County Aquatic Center is a perfect place for school children to learn to swim and hoped there would be a cooperative program to teach the county's children to swim there. Commissioner Adams advised that use of the pool is very possible, the programming is up to the School Board. The pool is already used for swimming lessons by Fellsmere Elementary School. That program has been privately funded through the Fellsmere Frog Leg Festival. Transportation and other costs would be those of the School Board. It was determined that no one else wished to be heard and the Chairman closed the public hearing. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Lowther, the Board unanimously approved the proposed agreement, authorized the Chairman to sign same, and May 13, 2003 I directed staff to submit the agreement to the Department of Community Affairs after execution by all parties, as recommended in the memorandum. A T, n, t ' AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 9.B.1. PUBLIC DISCUSSION ITEM - BRIAN T. HEADY - ISSUES, RELATING TO THE TAX BURDEN AND EXPENDITURES. Brian T. Heady, Vero Beach, stated that his middle initial stands for "tenacious". He brought up veteran's benefits and took issue with the Commission because he learned a letter previously discussed had not been mailed to legislators as he had been assured would occur. He asked again that this be done. Chairman Macht advised that staff had investigated the basis of the concern and had learned it was an Internet scam, probably to embarrass the President, and that no such legislation had been proposed. Mr. Heady then spoke about the "we -be" people, meaning government staff, and insisted that the Commission tell the legislators to not put it on their agenda because it is not an acceptable way of cutting taxes. NO ACTION REQUIRED OR TAKEN. 10.A. SUNSHINE REHABILITATION RIVER COUNTY Deferred, May 13, 2003 LEASE EXTENSION 12 CENTER OF INDIAN. REOUESTED/DENIED, 11.A.1. PROPOSED REVISIONS TO THE LAND ACO_UISITION GUIDE (NOW TO BE CALLED: INDIAN RIVER COUNTY ENVIRONMENTAL LANDS PROGRAM GUIDE) (deferred from January 21, 2003) Environmental & Code Enforcement Chief Roland DeBlois advised that the Indian River County Land Acquisition Guide was last revised in 1994 and since that time many changes are necessary to update procedures and programs. The proposed revisions fall under three main categories: revisions to reflect "Florida Forever" objectives and cost -share funding opportunities; revisions to land acquisition processes and procedures as they have evolved over 12 years; and insertion of a new chapter concerning land management requirements. He advised of the comments from the Land Acquisition Advisory Committee's review of the Guide as noted on page 182 of the backup. He had revised the Guide to clarify that the LAAC could appoint a member to make majority or minority reports directly to the Commission on acquisition matters in addition to staff reports and the LAAC's minutes. He recommended the Commissioners approve the proposed revisions and also that the name of the Guide be changed to Indian River County Environmental Lands Program Guide. Vice Chairman Ginn received responses from Mr. DeBlois to her questions and requested minor revisions for clarification in the Guide as follows. On page 10, lines 39-40, she requested the addition of "voting" to reflect "11 voting members". Mr. DeBlois took note of that addition and referred to page 8, line 40, where a related change is to be made to appropriately reflect the recent ordinance which removes the requirement for a Commissioner to be chairman of the committee. Then Vice Chairman Ginn referred to page 10, 5th paragraph, last sentence, and asked that the following be added: "however, if the opportunity presents itself to acquire May 13, 2003 13 significant environmentally sensitive lands that are not on the list, that the LAAC may recommend such lands to the Commission for acquisition." Mr. DeBlois responded that it is covered under Emergency Acquisition Procedures on page 37. Next, Vice Chairman Ginn expressed concern regarding The Fourth Phase, on page 21, that staffwould be developing work plans for projects on the LAAC acquisition list and those properties might never be added and the work would be for naught. Mr. DeBlois assured her that should staff become aware of a funding cycle opportunity through the State, staff will bring it up with the Committee. There is a good opportunity for these projects with LAAC concurrence and then they would come to the Board for ratification before being formally approved. This work reflects what has already occurred in the past and has been workable. Vice Chairman Ginn referred to the last paragraph on page 38 (under Emergency Acquisition); she believed the meeting should be called by staff, the Board's Commissioner - liaison, and the Chairman; also the LAAC should not direct staff on preparation of the agenda. The liaison Commissioner should be the only one who sets the agenda. She also requested, on page 40, line 41, that a boundary fence be installed only "when necessary." MOTION WAS MADE by Vice Chairman Ginn, SECONDED BY Commissioner Lowther, to approve staff's recommendations along with the corrections suggested by Vice Chairman Ginn above. Jim Granse, 36 Pine Arbor Lane, advised that he had served on LAAC since almost the beginning and has not missed a meeting. He also is a member of the Taxpayers' Board and has been watching things closely. He took issue with the purchases of the Kroegel and May 13, 2003 14 Hallstrom properties. He read from the bond referendum ballot question from November 3, 1992 and argued that acquisition of neither property complies with what was set out in that ballot question. He specified that neither property is "natural" and he did not understand it at all. He also was concerned about the management requirement on acquired lands. Vice Chairman Ginn commented that the State requires management plans when contributing matching funds. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. CLERK'S NOTE: At approximately 10:09 a.m., the Chairman called a 5 - minute recess. The meeting was reconvened at approximately 10:18 a.m. with all members present except Commissioner Adams who returned soon thereafter. 11.C.1. OUTSOURCING MISDEMEANOR PROBATION SERVICES WITH THE C.O.R.E. PROGRAM, INC. (COMPREHENSIVE OFFENDER REHABILITATION & EDUCATION - CONCEPT APPROVED) In reviewing his memorandum, General Services Director Tom Frame advised that Senior Probation Officer Sonja Galanis will be retiring from the County on June 12, 2003, after 17 years of service. The question arose whether to continue the Probation Division as a County -funded operation or to outsource probation services. In talking with Ms. Galanis, she advised that C.O.R.E. has served nearby counties for misdemeanor cases and has done DUI services here in Indian River County and Martin County. They also have a good May 13, 2003 I& reputation with the Judges in the Courthouse. He spoke with Ms. Chioffi, the Executive Director at C.O.R.E., who advised they would be very interested in the opportunity to perform the services for the County's misdemeanor cases at no cost to the County; they would also continue the work program. If the Board were to decide to take staff's recommendation, C.O.R.E.'s services would begin immediately. The County would still have approximately 500 cases until they are closed out and would continue with the remaining probation officer and staff member through the end of this fiscal year. In recommending this financially desirable and successful program, he explained how the transition of probation cases to C.O.R.E. would occur and the cost savings to the County. He expected to have a contract for the Board to review for approval at the next meeting. In response to inquiries, Mr. Frame gave assurances that remaining employees will be absorbed as appropriate vacancies occur. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously approved the concept of outsourcing the probation services utilizing the services of The C.O.R.E., Inc., while recognizing that a contract is currently being drafted by the County Attorney's Office and that the contract shall be presented for the Board's review and approval at the May 20, 2003, County Commission Meeting, as recommended in the memorandum. May 13, 2003 16 11.C.2. NEW COUNTY ADMINISTRATION COMPLEX - DONADIO AND ASSOCIATES, ARCHITECTS. P.A. - CONTRACT TO PROVIDE, ARCHITECTURALIENGINEERING SERVICES FOR DESIGN - AIA. B141 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND, ARCHITECT WITH STANDARD FORM OF ARCHITECT'S SERVICES. In announcing this agenda item, Chairman Macht reminded everyone that page 3 of the proposed contract (page 206 in the backup) has been revised. General Services Director Tom Frame reviewed his memorandum and advised that this proposed contract includes design of everything including the road extension (20" Avenue) and bridge to Aviation Blvd. He advised that 3 residences, a small church and three City of Vero Beach sites will still need to be acquired. The independent appraisals of those properties have been received and the property owners have been contacted. The City's property is most significant. The City's appraisal has not yet been received by City of Vero Beach City Manager Rex Taylor. Until the acquisition of the City's property is ascertained, there is no point in moving forward on purchase of the other properties. This brought up the question of the architect's contract. A meeting was held yesterday with Mr. Donadio who has initialed the change (on Page 3)which will limit the scope of his work to the Programming Phase (not site -dependent) until the County gives written approval to proceed (dependent on the appraisals and acquisitions of those properties). Vice Chairman Ginn was anxious to expedite this project and suggested they needed to put a fire under some people. She mentioned other concerns such as the bridge and a traffic study, which she understood would be accomplished by June 15". She appreciated the cooperation of Mr. Donadio. Other contingencies, such as building height restrictions, rezoning, land use changes, open and green space, floor area ratio, parking space design, and the traffic study, were mentioned. May 13, 2003 Discussion was held and suggestions were made as to how best to expedite these unknowns as quickly and as smoothly as possible. Chairman Macht suggested a "drop dead" date, but Vice Chairman Ginn thought that was confrontational. She suggested the Board re-examine the situation at the end of June, after the Kimley-Horn report (traffic study) comes in which is due the middle of June. Commissioner Lowther agreed that was a good idea and he thought the bridge issue could be worked out. Vice Chairman Ginn reminded them of the plans for culverting and beautifying 24t' Avenue. Those things add value to the City. She was hoping the City would assist in doing that part of the project. ON MOTION by Commissioner Lowther, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the agreement (as revised on page 3) and authorized the Chairman to execute same as presented, having been reviewed and approved (as to form and legal sufficiency) by the County Attorney and executed by Donadio and Associates, as recommended in the memorandum. AGREEMENT WITH ATTACHMENTS IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Commissioner Adams suggested that Chairman Macht meet with Vero Beach's Mayor Sandra Bowden to see where they are willing to cooperate with and assist us. Chairman Macht agreed and thought the City would be very willing to enter into an agreement and that they ought to have an earnest conversation with their (staff) leadership. He requested Executive Aide Kimberly Massung make an appointment with Mayor Bowden and agreed to bring his results back to the Board. May 13, 2003 W ii: S L E t 3 11.G.1. BEGIN EMINENT DOMAIN SERVICES SELECTION PROCESSES ON ROAD RIGHTS-OF-WAY REOUIRED FOR ROAD WIDENING PROJECTS: (1) CR512 PHASE 3 - ROSELAND ROAD TO SEBASTIAN RIVER MIDDLE SCHOOL (4 -LANE)% AND (2) 41ST STREET - 43RD AVENUE TO 58TH AVENUE - (XLANE) PROPERTIES REMAINING TO BE ACOUIRED: RONALD M. ANSIN, DELISLE, COULTAS, WILLIE WILSON, AND INDIAN RIVER INDUSTRIAL CENTER PROPERTY Public Works Director James Davis reviewed his memorandum and described the status of negotiations on each of the properties. He recommended the Commission move forward with the process of selecting eminent domain services while continuing negotiations. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously authorized staff to begin the process to select eminent domain services (both administrative and legal) while continuing to negotiate settlement on the properties in the memorandum, recommended in the memorandum. 14,A. EMERGENCY SERVICES DISTRICT None. May 13, 2003 19 as 14A 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. ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES 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 10:47 a.m. ATTEST: Jeffrey K. Barton, Clerk Minutes approved May 13, 2443 WE R. Macht, Chairman IN a a W., _i( WE R. Macht, Chairman