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Home My WebLink About7/8/2003'.: t.; MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA TUESDAY, JULY 89 2003 - 9:00 A.M. County Commission Chamber County Administration Building 1840 25`h Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS Kenneth R. Macht, Chairman District 3 Caroline D. Ginn, Vice Chairman District 5 Fran B. Adams District 1 Thomas S. Lowther District 4 Arthur R. Neuberger District 2 9:00 a.m. 1. CALL TO ORDER James E. Chandler, County Administrator William G. Collins H, County Attorney Kimberly Massung, Executive Aide to BCC Jeffrey K. Barton, Clerk to the Board 2. INVOCATION Rev. Robert K. Stull, Jr. Trinity Episcopal Church 3. PLEDGE OF ALLEGIANCE William G. Collins 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS ADDITIONS: 13. D. Commissioner Lowther — 13`h Street Paving — Grovenor Estates BACKUP PAGES 5. PROCLAMATION and PRESENTATIONS Presentation by World Trade Center Palm Beach of strategic role in economic development for Indian River County (letter dated July 1, 2003) 1 6. APPROVAL OF MINUTES A. Meeting of June 10, 2003 7. CONSENT AGENDA A. Approval of Warrants (memorandum dated June 26, 2003) 2-10 1 BACKUP 7. CONSENT AGENDA (cont'd.). PAGES B. Appointment of Peggy Cioffi to the County Public Safety Coordinating Council (memorandum dated June 25, 2003) 11 C. Election of County Public Safety Coordinating Council Chairman (memorandum dated June 26, 2003) 12 D. Appointment of Barbara Horne, RN and Clare Wolfe to the Primary Care Public Health Committee (memorandum dated June 26, 2003) 13-15 E. Resignation of David Haeseler from the Code Enforcement Board (memorandum dated June 30, 2003) 16-17 F. I.R.C. Bid #5070 Trailer Mounted Hydroseeder (memorandum dated June 27, 2003) 18-32 G. CR510/512 FM & Reuse Main —UCP#837 — Final Payment and Release of Retainage to Surety (memorandum dated June 26, 2003) 33-42 H. Resolution Authorizing Refinancing $9,875,000 Recreation Revenue Refunding Bonds, Series 1993 (memorandum dated July 1, 2003) 43-70 I. HUD FL29B 109002 Performance Measure Monitoring Agreement (memorandum dated June 26, 2003) 71-79 J. Emergency replacement of kitchen boiler at Indian River County Jail (memorandum dated June 24, 2003) 80-85 K. Final Payment — Artificial Reef Study — Florida Institute of Technology (memorandum dated June 30, 2003) 86-87 L. Approval of Final Invoice and Final Release of Retainage for the Amendment to Work Order No. 1 — East Indian River County Master Stormwater Management Plan (memorandum dated July 1, 2003) 88-91 4 T 1' 7777 f 7777 'L F a - °*ffiycb="'i,`r;„'"a BACKUP 7. CONSENT AGENDA Nont'd.l: PAGES - M. Miscellaneous Budget Amendment 012 (memorandum dated July 1, 2003) 92-94 N. Request for Board Approval for Staff to Contract with Biological Research Associates, Inc. to Implement Three Wetland Mitigation Projects on County Conser- vation Lands (memorandum dated July 1, 2003) 95-101 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1, Indian River Farms Water Control District's Request for Special Exception Use Approval for a Govern- mental Administration Building (Quasi -Judicial) (memorandum dated June 26, 2003) 102-112 2. Request from Robert Lee for Abandonment of the Portion of 13th Street Lying between 6th Ave. and 4th Court (Legislative) (memorandum dated June 25, 2003) 113-121 3. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 102.04 OF THE INDIAN RIVER COUNTY CODE DEALING WITH THE ORDER OF BUSINESS AS IT APPEARS ON THE BOARD OF COUNTY COMMISSIONERS AGENDA; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE (memorandum dated June 30, 2003) 122-126 Be PUBLIC DISCUSSION ITEMS 1. Request from James and Charlene Applegate to discuss Catalano Auto Sales and Service on the corner of 144th Street and US Highway 1 t (memorandum dated July 1, 2003) 127 3 7177 BACKUP 9. PUBLIC ITEMS (cont'd.): PAGES C. PUBLIC NOTICE ITEMS 1. Scheduled for Public Hearing July 15, 2003: On-site Management, Inc.'s Request to Modify the Approved Planned Development (PD) Conceptual Plan and Planned Development Traditional Neigh- borhood Design (PDTND) Zoning District for Pointe West (Legislative) (memorandum dated June 25, 2003) 128 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development None Be Emergency Services None C. General Services None D. Leisure Services None E. Office of Management and Budget None F. Human Resources None G. Public Works 1. King's Highway, Phase H — Change Order No. 3 (memorandum dated July 1, 2003) 129-132 H. Utilities 1. South County Water Treatment Reverse Osmosis Skids #1 and #2 Membrane Vessel Replacement (memorandum dated June 23, 2003) 133 2, Dr. Roof Water Main Extension Developer's Agreement Final Pay Request and Release of Retainage (memorandum dated June 20, 2003) 134-143 4 11. DEPARTMENTAL MATTERS (cont'd.): H. Utilities (cont'd.). 3. Van Bergen & Hendry's Subdivision — Petition Water Service — (77`h Crt. and 77`h Terrace, South off Roseland Road) (memorandum dated June 25, 2003) 4, Orchid Island and Orchid Isle Estates Water and Sewer Service (memorandum dated June 25, 2003) 5. Sludge Update (memorandum dated June 27, 2003) I. Human Services 1. 2003 HUD Homeless Grant (letter dated June 24, 2003) 12. COUNTY ATTORNEY None 13. COMVIISSIONERS ITEMS A. Commissioner Kenneth R. Macht, Chairman 1. Appointment of Commissioner to serve on the St. Johns River Alliance (no back-up provided) Be Commissioner Caroline D. Ginn, Vice Chairman C. Commissioner Fran Be Adams D. Commissioner Thomas S. Lowther E. Commissioner Arthur R. Neuberger t16 �Jli eL. 5 BACKUP PAGES 144-155 156-178 179-184 185-207 14. SPECIAL DISTRICTSBOARDS A. EmerLyencv Services District None Be Solid Waste Disposal District 1, IRC Bid #5064 Roll -Off Truck with Tarp System (memorandum dated June 26, 2003) 2, 2003/2004 Waste Tire Grant Application (memorandum dated June 24, 2003) C. Environmental Control Board None 15. ADJOURNMENT BACKUP PAGES 208-225 226-230 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: htt-o://www.irc,�zov.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. rel INDEX TO MINUTES 1111 1111 11 NIPPON 1111! 111 MEETING OF JULY S, 2003 1. CALL TO ORDER ... , ... 1 . 0 1 ... 1 .................................. I 2. INVOCATION....................................................1 3. PLEDGE OF ALLEGIANCE ........................................ I 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ... 1. 1 5. PRESENTATION BY WORLD TRADE CENTER PALM BEACH OF STRATEGIC ROLE IN ECONOMIC DEVELOPMENT FOR INDIAN RIVER COUNTY........................................................2 6.A. APPROVAL OF MINUTES - JUNE 10, 2003 111 ...... 1... , .1.....1.1..1 4 7. CONSENT AGENDA .............................................. 5 7.A. Approval of Warrants........................ 5 7.8. Appointment of Peggy Cioffi (,Comprehensive Offender Rehabilitation & Education - C.O.R.E.) to the County Public Safety Coordinating Council 5 7.C. Election of County Public Safety Coordinating Council Chairman - Kenneth R. Macht............................................6 7.1), Appointment of Barbara Horne, R.N.(Indian River Memorial Hospital) and Clare Wolfe (VNA of the Treasure Coast) to the Primary Care Public Health Committee ......... 1. 1. 1 1 1. 1.. 1 ..... I ................ 1 6 7.E. Resignation of David Haeseler (Realtor Representative) from the Code Enforcement Board 1111 . ......... . ..................... . 1111.. 6 7.F. Bid 45070 - Trailer Mounted Hydroseeder - Finn Corporation ......... 6 7.G. CR510/512 Force Main and Reuse Main - UCP4837 - (Felix Equities, Original Contractor, Filed for Bankruptcy) - Final Payment and Release of Retainage to Surety - Liberty Mutual Insurance Company - Preparation of Record Drawings - Masteller, Moler & Reed . 1 1 .. 1. 1 ... , . , .. 1 ..... 1 7 7.H. Resolution No. 2003-075 - Authorizing Refunding of $9,875,000 Recreation Revenue Refunding Bonds, Series 1993 1 1 1 1 . 0 ..... I .. I .. 8 7.I. Homeless Assistance Center/Transitional Family Housing Unit - U.S. Department of Housing and Urban Development - HUD FL29B 109002 Performance Measure Monitoring Agreement ....1111 .............. 8 7.J. Sealed Bid Waived - Emergency Replacement of Kitchen Boiler at Indian River County Jail - Industrial Engineering Company ................. 9 7.K. Artificial Reef Study - Reefs Offshore of Sebastian Inlet - Florida Institute of Technology - Final Payment ...... ' ' I ... 1 1 . 1 ....... I ... I ... 1.. 9 7.L. East Indian River County Master Stormwater Management Plan - Carter Associates, Inc. - Final Payment and Release of Retainage ... I ...... 1 10 7.M. Resolution No. 2003-076 - Miscellaneous Budget Amendment 012 1 ... 10 7N. Sealed Bid Waived - Contract to Implement Three Wetland Mitigation Projects on Conservation Lands - Rose Commercial Plaza, Palm Island Plantation, and Majestic Oaks - Biological Research Associates, Inc.... 11 9.A.1. PUBLIC HEARING - INDIAN RIVER FARMS WATER CONTROL DISTRICT - SPECIAL EXCEPTION USE APPROVAL FOR A GOVERNMENTAL ADMINISTRATION BUILDING (Quasi -Judicial) ..... 11 9.A.2. PUBLIC HEARING - RESOLUTION NO. 2003-077 - ABANDONING THE PORTION OF 13TH STREET LYING BETWEEN 6TH AVENUE AND 4TH COURT - REQUESTED BY ROBERT LEE (Legislative) ................ 12 9.A.3. PUBLIC HEARING - ORDINANCE NO. 2003-020 - AMENDING SECTION 102.04, ORDER OF BUSINESS ON THE BOARD OF COUNTY COMMISSIONERS AGENDA CONCERNING HUMAN RESOURCES. HUMAN SERVICES, EMERGENCY SERVICES, UTILITIES SERVICES, AND SPECIAL DISTRICTS AND BOARDS (EMERGENCY SERVICES DISTRICT, SOLID WASTE DISPOSAL DISTRICT, AND ENVIRONMENTAL CONTROL BOARD) ........ 1. 1.. 1 .............. 14 9.13.1. PUBLIC DISCUSSION ITEM - REQUEST FROM JAMES AND CHARLENE APPLEGATE TO DISCUSS CATALANO AUTO SALES AND SERVICE ON THE CORNER OF 144TH STREET AND US HIGHWAY 1 .. I ..... I ..... 15 9.C. PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED FOR JULY 151 2003 - ON-SITE MANAGEMENT, INC.' S REQUEST TO MODIFY THE APPROVED PLANNED DEVELOPMENT (PD) CONCEPTUAL PLAN AND PLANNED DEVELOPMENT TRADITIONAL NEIGHBORHOOD DESIGN (PDTND) ZONING DISTRICT FOR POINTE WEST (Legislative) ......... 18 01 �M1 I I.G. KING'S HIGHWAY, PHASE II - SMITH & COMPANY, INC. - CHANGE ORDER NO. 3 ......... I.. I ......... I . . ............ 18 I I.H. 1, SOUTH COUNTY WATER TREATMENT REVERSE OSMOSIS SKIDS# 1 AND #2 MEMBRANE VESSEL REPLACEMENT - BID AUTHORIZATION.........................................18 11.14.2. DR. ROOF - JAMES R. AND PHYLLIS PARKS - WATER MAIN EXTENSION DEVELOPER'S AGREEMENT - FINAL PAY REQUEST AND RELEASE OF RETAINAGE .............. I . , ............ 19 I LH.3. VAN BERGEN & HENDRY'S SUBDIVISION - PETITION WATER SERVICE - 77TH COURT AND 77TH TERRACE, SOUTH OFF ROSELAND ROAD ......................................... 19 I I .H.4. ORCHID ISLAND AND ORCHID ISLE ESTATES WATER AND SEWER SERVICE .......................................... 19 I I.H.Q. SLUDGE UPDATE - AFFIRMATION OF INTEREST TO ST. LUCIE COUNTY FOR A REGIONAL SLUDGE PROCESSING FACILITY . 22 2003 HUD SUPERNOFA HOMELESS GRANT APPLICATION - TREASURE COAST HOMELESS SERVICES COUNCIL, INC. - TENANT RENTAL ASSISTANCE - HOMELESS MANAGEMENT INFORMATION SYSTEM ................... I ..... I ......... 22 13.A. CHAIRMAN MACHT - APPOINTMENT OF COMMISSIONER ART NEUBERGER TO SERVE ON THE ST. JOHNS RIVER ALLIANCE 23 13.D. COMMISSIONER LOWTHER - PAVING OF 13TH STREET S.W. - GROVENOR ESTATES .................................. 1..24 3 ''I le I, 1 DOCUMENTS MADE PART OF THE RECORD: ........... 1 .............. 1 25 FELLSMERE WATER MANAGEMENT DISTRICT - AMENDMENT TO INTER -GOVERNMENTAL AGREEMENT OF SEPT. 10, 1975 (ADDITION OF 79TH STREET FROM WILLOW STREET WESTWARD TO PARK LATERAL CANAL TO COUNTY'S NORTH COUNTY GRADER ROUTE NO. 3) .... I . , ... I .... 1 . 1 1 . 1 ...... 25 CITY OF VERO BEACH ORDINANCE NO. 2003-18 ANNEXING PROPERTY CONSISTING OF ALL OF SOMERSET SUBDIVISION, AS RECORDED IN PLAT BOOK 15, PAGE 25, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, PURSUANT TO THE VOLUNTARY ANNEXATION PROVISION OF SECTION 171.044 FLORIDA STATUTES ..... 1 ............................ 1 1 1 1 25 14.A. EMERGENCY SERVICES DISTRICT ...... I .................... I ... 26 14.13. SOLID WASTE DISPOSAL DISTRICT ....................1111...... 26 14.C. ENVIRONMENTAL CONTROL BOARD 4 ....................26 July 8, 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, July 8, 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, County Attorney, Kimberly Massung, Executive Aide to the Board; and Patricia Ridgely, Deputy Clerk. 1. CALL TO ORDER The Chairman called the meeting to order at 9:00 a.m. 2e INVOCATION Rev. Robert K. Stull, Jr., Trinity Episcopal Church, delivered the invocation. 3e PLEDGE OF ALLEGIANCE County Attorney Collins led the Pledge to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Macht announced the addition of Item 13.D. concerning the Paving of 13`" Street SW (Grovenor Estates) at the request of Commissioner Lowther. July 8, 2003 11 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously made the above changes to the agenda. 5. PRESENTATION BY WORLD TRADE CENTER PALM BEACH OF STRATEGIC ROLE IN ECONOMIC DEVELOPMENT FOR INDIAN RIVER COUNTY Commissioner Neuberger introduced Mr. Corley whose presentation he had heard while in Palm Beach County. He had subsequently invited Mr. Corley to make a presentation to the Board of County Commissioners concerning the development of World Trade Center Palm Beach (WTCPB) which will affect Indian River County. He viewed it as a good economic engine. Patrick Corley, Director of International Strategies for the WTCPB, thanked the Commissioners for allowing him time to share the mission of the WTCPB about what they do and how they can impact Indian River County. He has been with the World Trade Center Association for about 4 years. Their headquarters had been at the WTC in New York City since 1970. The WTC Association is the largest private international trade association in the world and is in about 100 countries. There are 300 WTC licenses around the globe. They represent roughly a half million businesses around the world. Here in Florida we have Palm Beach, Ft. Lauderdale, Miami, Tampa, and Orlando. The common characteristics and benefits are worldwide. They focus on the regional area with reciprocating agreements worldwide with WTC affiliations. The licenses are independently owned and operated. Traditionally, in North American, WTC licenses have a relationship with local economic development entities or local Chambers of Commerce. In Palm Beach County, WTC is completely private. The founder and president of WTCPB is Al Zocara who was a City Commissioner in West Palm Beach for 8 years and who is an immigration attorney. He and July 8, 2003 a small group of investors operate this 501(c)(6), not-for-profit economic development entity. It is managed by a for-profit management company which allows them not to have the close funding ties that many of the trade centers have to local government throughout North America. WTCs in any market are the leading entities of international trade. They facilitate growth of import and export. They assist companies and governments to identify and compete for profitable overseas business and a common message is "Peace and Stability Through Trade". The message was pushed by the founder of the WTC, Guy Tozzoli, who in 1962-3 was a project manager for the Port Authority of New York and Governor Rockefeller had appointed him to assist in the redevelopment of Lower Manhattan, Mr. Corley pointed out that 1,100 manufacturers are in Palm Beach County- out of the 18,000 in Florida. Of the 2,500 exporting manufacturers, 139 are in Palm Beach County, or about 5%. In bringing out this information, he indicated that a lot of opportunity is not being put to use. The vision for the WTCPB is to develop international business in PBC and the Treasure Coast and to serve as the lead entity for generating international economic development, jobs, tourism, and educational opportunities. What can be done for businesses in Indian River County is to offer customized market research, help identify the agents, distributors, and partners in foreign markets, and assist in finding capital in foreign markets or assist in joint ventures through trade information by helping nay igate customs issues. They would attract delegations from the Caribbean, Central and South America, and give them a chance to come see what we have to offer. WTC offers educational seminars and classes and has hosted ambassadors from other countries. They instruct on foreign marketing. They are a full-service business consulting entity and will host international trade fairs and exhibitions. They have not vet hosted any in PBC or the Treasure Coast, but we should be hearing a lot in the future about AQUATEC Americas, a water and environmental technologies export initiative led by WTCPB. South Florida is world class for managing these technologies but July 8, 2003 3 jr� f } U not yet world renowned. WTC's resources include business development, corporate services in law and finance, university -based research centers, proprietary data bases, and policy development. This year's general assembly of the WTC association will be in Washington, D.C., October 12-15. He will be extending a formal invitation to the Commissioners. They will give a first-hand look at the association, the business leadership, and delegations from around the world, and a clear understanding of the opportunities that exist for our region and how we can tap into the other markets. He researched our local web sites and was unable to find anything from an economic development standpoint, the business climate, and the leading industries that can be offered the world. He believed WTCPB could help Indian River County by first assisting with international marketing, managing inbound and outbound trade delegations by calling attention to our stronger industries or the ones we would like to see grow, and understanding what businesses are candidates for world trade. They could hold local seminars for local businesses and assist them to enter or grow in the international marketplace. In response to Commissioner Neuberger, Mr. Corley advised that he had not yet met with anvone at the Chamber of Commerce. Chairman Macht advised that Mr. Corley needed to meet with Ms. (Penny) Chandler (Chamber of Commerce Director), 6.A. APPROVAL OF MINUTES - JUNE 10, 2003 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of Tune 10, 2003. There were none. Jule 8, 2003 s 0 �J; ` ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Lowther, the Board unanimously approved the minutes of June 10, 2003, as written and distributed. 7e CONSENT AGENDA Vice Chairman Ginn requested 7.G. be separated for a comment. 7.A. Approval 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 June 20-26, 2003, as requested. 7.B. Appointment of Peggy Cioffi (Comprehensive Offender Rehabilitation & Education - C. O.R.E.) to the Countv Public Safetv Coordinating Council July 8, 2003 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously appointed Peggy Cioffi, Executive Director of C.O.R.E., to the County Public Safety Coordinating Council, as recommended by Chairman Macht. 5 7.0 Election of Countv Public Safetv Coordinating Council Chairman - Kenneth R. Macht The Commissioners noted the election of Chairman Macht as Chairman of the County Public Safety Coordinating Council. 7.1). Appointment of Barbara Horne, R.N. (Indian River Memorial Hospital) and Clare Wolfe (VNA of the Treasure Coast,) to the Primary Care Public Health Committee The Commissioners noted the appointments of Barbara Horne, R.N. (representing Indian River Memorial Hospital) and Clare Wolfe (representing Visiting Nurse Association of the Treasure Coast) to the Primary Care Public Health Committee. 7. E. Resignation ofDavid Haeseler (Realtor Representative) from the Code Enforcement Board The Commissioners noted the resignation of David Haeseler from the Code Enforcement Board with regret. 7.F. Bid #5070 - Trailer Mounted Hvdroseeder - .Finn Corporation July 8, 2043 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously awarded Bid #5070, in the amount of $34,470.00, to Finn Corporation as the 6 -,;, bil sa lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid, as recommended in the memorandum. 7.G. CR510/512 Force Main and Reuse Main - UCP#837 - (Felix Eauities. Original Contractor. Filed for Bankruptcv) - Final Pavment and Release of Retainage to Surety - Liberty Mutual Insurance Companv - Preparation of Record Drawings - Masteller. Moler & Reed Vice Chairman Ginn noted that this contractor has more than one contract with us and she believed that some kind of investigation into the financial stability of a company needs to be made when the County enters into a contract with a company. Administrator Chandler advised that a financial check is normally made on large contracts and that Felix Equities was okay at the time the contract was authorized. July 8, 2003 ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Adams. the Board unanimously authorized payment to the Surety Company (Liberty Mutual Insurance Company, Liberty Bond Services) for partial release of retainage in the amount of $108,095.65: approved proposals from Masteller, Moler & Reed in the not -to -exceed amount of $5,900.00 for preparation of record drawings and construction staking; and authorized staff to release the remaining retainage amount of $5,900 to Masteller, Moler & Reed upon successful 7 not ca i� CJik completion of the Record Drawings, as recommended in the memorandum. DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 7.H. Resolution No.2003-075-Authorizin FRe!undingof$9.875,000 Recreation Revenue Refunding Bonds, Series 1993 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously adopted Resolution No. 2003-075 authorizing the refunding of certain outstanding Recreational Revenue Refunding Bonds of the County; authorizing the issuance of not exceeding $7,500,000 Recreational Revenue Refunding Bonds, Series 2003, to provide funds for said refunding; pro\Tiding for the rights of the registered owners of said bonds; making certain covenants and agreements in connection therewith; and providing an effective date. 7.L Homeless Assistance Center/Transitional Family Housing Unit U.S. Devartment of Mousing and Urban Development - HUD FL29B109002 Performance Measure Monitoring Agreement July 8, 2003 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously authorized 8 the Chairman to execute the HUD FL29B 109002 Performance Measure Monitoring Agreement to cover staffing of the Homeless Assistance Center/Transitional Family Housing Unit for a period of three years, as requested in the memorandum. PERFORMANCE MEASURE MONITORING AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.1 Sealed Bid Waived - Emergencv Replacement ofKitchen Boiler at Indian River County Jail - Industrial Engineering Company ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously waived the formal sealed bid procedure and authorized Industrial Engineering Co. to replace the kitchen boiler at the Indian River County Jail for the quoted price of $22,457.50, as recommended in the memorandum. DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 7.K. Artificial Reef Study - Reefs Offshore of Sebastian Inlet - Florida Institute of Technology - Final Payment July 8, 2003 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously approved final payment in the amount of $13,500 to Florida Institute of I �r i k ! �J i Technology, memorandum, with funding as recommended in the DOCUMENTS WILL BE ON FILE, IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 7.L, East Indian River Countv Master Stormwater Management Plan - Carter Associates. Inc, - Final Payment and Release of Retainage ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously authorized payment of the Engineer's Final Application for Payment in the amount of $19,915.50 to Carter Associates, Inc., as recommended in the memorandum. DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED Z.M. Resolution No. 2003-076 - Miscellaneous Budget Amendment 012 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously adopted Resolution No. 2003-076 amending the Fiscal Year 2002-2003 budget (Amendment 012). Jule 8, 2003 10 N If FWI �� I l C - .v A? .r r+' 7.N. Sealed Bid Waived - Contract to Implement Three Wetland Mitigation Projects on Conservation Lands - Rose Commercial Plaza, Palm Island Plantation, and Majestic Oaks - Biological Research Associates. Inc. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously waived the bidding process and authorized staff to contract with Biological Research Associates, Inc. to implement the three wetland mitigation projects (Rose Commercial Plaza, Palm Island Plantation, and Majestic Oaks) for a total cost of $27.21 5.00, to be funded from County- Mitigation Account 601-220-018, as recommended in the memorandum. 9.A.1. PUBLIC HEARING - INDIAN RIVER FARMS WATER CONTROL DISTRICT - SPECIAL EXCEPTION USE APPROVAL FOR A GOVERNMENTAL ADMINISTRATION BUILDING (Ouasi-Judicial) PROOF OF PUBLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling reviewed the memorandum and described the project displaying site maps and aerials. He described how the site would be used and discussed the access road. He specified that this type of use does not generate a lot of customer traffic. This project has special setbacks and buffering requirements and both are exceeded. He displayed the site plan which would be approved along with the Board's approval of the July 8, 2003 special exception use. He advised that the Planning and Zoning Commission unanimously recommended approval of this request and staff recommends approval also. Director Boling responded to questions of Commissioner Neuberger and Vice Chairman Ginn. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Adams, the Board unanimously found that 1) it is empowered under the provisions of Chapter 971 to review the special exception use applied for; 2) the granting of the special exception use will not adversely affect the public interest; and 3) the application satisfies the general and specific criteria required for special exception approval. In addition. the Board granted special exception use approval for the proposed governmental administration building. 9.A.2. PUBLIC HEARING - RESOLUTION NO. 2003-077 - ABANDONING THE PORTION OF 13TH STREET LYING BETWEEN 6TH AVENUE AND 4TH COURT - REOUESTED BY ROBERT LEE (Legislative) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE; OF THE CLERK TO THE BOARD Planning Director Stan Boling described the request using an aerial of the area. The subject road is considered a "paper street" Jule 8, 2003 12 The Technical Review Committee met to review this request and several Rockridge homeowners and residents appeared to advise they were in favor of this abandonment. Staff recommended adoption of the resolution and approval of the abandonment with the retention of an easement for drainage and utility purposes which might, perhaps, be needed in the future. Director Boling responded to questions concerning density and County Attorney Collins responded to an inquiry concerning taxes and the title of the proposed right-of-way. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. July 8, 2003 ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously adopted Resolution No. 2003-077 providing for the closing, abandonment, vacation and discontinuance of a portion of 13" Street lying between 6t' Avenue and 4`" Court, said land lying in Indian River County, Florida. (This resolution is adopted conditioned on the entire right-of-wav being reserved as a drainage and utility easement.) 13 9.A.3. PUBLIC HEARING - ORDINANCE NO. 2003-020 - AMENDING SECTION 102,04. ORDER OF BUSINESS ON THE BOARD OF COUNTY COMMISSIONERS AGENDA CONCERNING HUMAN RESOURCES, HUMAN SERVICES, EMERGENCY SERVICES, UTILITIES SERVICES, AND SPECIAL DISTRICTS AND BOARDS (EMERGENCY SERVICES DISTRICT, SOLID WASTE DISPOSAL DISTRICT, AND ENVIRONMENTAL CONTROL BOARD) PROOF OF PUBLICATION Is ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD County Attorney Collins called this a "housekeeping matter" and advised of the changes as set out in the ordinance. He explained that the intent is to update the Code concerning the agenda to reflect changes in the conduct of business at the meetings of the Board of County Commissioners. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. July 8, 2003 ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Adams. the Board unanimously adopted Ordinance No. 2003-020 amending Section 102.04 of the Indian River County Code dealing with the Order of Business as it appears on the Board of County Commissioners agenda; providing for codification; and providing for an effective date. 9.B.1. PUBLIC DISCUSSION ITEM - REQUEST FROM JAMES AND CHARLENE APPLEGATE TO DISCUSS CATALANO AUTO. SALES AND SERVICE ON THE CORNER OF 144TH STREET AND US. HIGHWAY 1 James Applegate, 14445 80" Avenue, Sebastian, expressed extreme disappointment that Catalano Auto Sales and Service has been allowed to continue violating the County's Code. He noted that the Board of County Commissioners on April 15, 2003 had voted not to allow this business to continue in violation. He left that meeting with a good feeling. When the violations continued after May 30th, he called Code Enforcement and was told they had been granted a 45 -day extension by Mr. DeBlois. He questioned how this could have happened; how staff could have overruled the Commission. On June '.9" he went to the Code Enforcement Board's meeting; certain the problems would be ended; but Mr. DeBlois asked for another 30 -day extension. Since then, for their July 4`" sale, the business took down two signs and placed about 40 American flags around. He stated they are still washing cars on the lot and their salesmen are still parking in the residential neighborhood. He questioned how these extensions could be granted; 8 months is enough to put up with this non -conforming business. Landscaping is also an issue. They have replaced the dead plants but he expected these to die also because the plants are not watered. Their broken windows have not been repaired after 8 months. There is parking and speeding in the neighborhood. Every day there are 6 to 8 cars, not ?. He believed they are just playing the game and he again asked the Board's assistance. t.. County Attorney Collins advised that the Board of County Commissioners deals with the zoning and use issues and the Code Enforcement Board told Woody Food and Catalano to either cease and desist or flet the appropriate zoning approvals. They attempted to get the zoning approvals and were denied on their appeal by the Commission. That put them into July 8, 2003 15 a position to come into compliance with the Code Enforcement Board's order. As to extensions, he asked Mr. DeBlois to elaborate. Neighborhood parking and speeding in the neighborhood should be reported to the Sheriffs office. The sign violated the Code, but flags may be allowed under First Amendment rights. Environmental & Code Enforcement Chief Roland DeBlois clarified that the last Code Enforcement Board action was to place a $100 per day fine against the property owner, Woody Wood, for the landscape deficiencies. As far as the Catalano Auto Sales, based on a letter from Mr. Catalano"s attorney, the Board gave Mr. Catalano 30 days to remove the vehicles from the site under the condition that he no longer conduct sales as of June 30". Code Enforcement staff has noted that he is ignoring the stop business directive of the Board, so he is being fined $100 for each day he is operating. The Code Enforcement Board has the authority to issue fines which would be recorded as liens against the property and which can be foreclosed upon after 3 months. The Board has done what it can. He thought the extension was under the basic premise and concept of the Code Enforcement Board to achieve compliance. They look at issues, the situation, and what is appropriate to accommodate someone who has demonstrated that they went through the rezoning process. Nevertheless, they have balanced that with the penalty saying that he should not be operating in the meantime (until he is able to relocate the vehicles on another property per their attorney's letter). Commissioner Adams understood that there were 2 fines accumulating for $100 per day and that presently the amount is $800 since 6/30. Mr. DeBlois confirmed that one fine is for landscaping against the property owner (Woody Wood) and one fine is against Catalano for not ceasing or desisting, from business. In response to Commiss loner Neuberger, Mr. DeBlois advised that Catalano has until July 21" to remove all the vehicles, noting that the Code Enforcement Board usually works July 8, 2003 16 on 30 -day time frames. A lot of that Board's decision was based on the letter from Catalano's attorney on the availability of the property where the cars would be relocated. Commissioner Adams was concerned about the flagrant disregard of the cease and desist order. It is a slap in the face; that type of attitude causes the multitude to be punished for the sins of the few. Commissioner Lowther thought the Board should think about revamping our code enforcement process. Chairman Macht pointed out that the Code Enforcement Board is semi -autonomous and they have laws to go by. Perhaps it is time to review their authority with them so they understand how to use it. Commissioner Adams believed the problem here is the auto sales company since there has not been an effort to try to comply or work with the County. Mr. DeBlois pointed out that the Code Enforcement Board hears about 50 cases a month and every so often there is a case like this one where the respondent ignores compliance. In most cases, the violation is understood and there is voluntary compliance so the Code Enforcement process is generally successful. There are a few cases where both sides come to a reasonable conclusion, a fine is imposed, and then it is up to the respondent as to how he reacts to that penalty. He explained that the next level allowed by Florida Statutes is to take the matter to Court. The County can seek an injunction or seek a foreclosure on the lien. A lien against the inventory is also an option. After 3 months, the Board would be able to foreclose on the lien. Another option would be to increase the fine if the Code Enforcement Board thought it would be effective. Commissioner Neuberger thought an end should be put to extensions. He asked Mr. Applegate to keep in touch on this matter and understood the County is stuck with the July 21 S` deadline. July s, 2003 17 Chairman Macht requested a report from Mr. DeBlois on a daily basis on progress in this matter. The next Code Enforcement Board meeting Neill be held on July 25th. 9.C. PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED FOR JULY 15, 2003 - ON-SITE MANAGEMENT. INC.'S REQUEST TO MODIFY THE APPROVED PLANNED DEVELOPMENT (PD) CONCEPTUAL PLAN AND PLANNED DEVELOPMENT TRADITIONAL NEIGHBORHOOD DESIGN (PDTND) ZONING DISTRICT FOR POINTE WEST (Legislative). Executive Aide .Kimberly Massung read the above notice into the record. 11.G. KING'S HIGHWAY, PHASE II - SMITH & COMPANY, INC. - CHANGE ORDER NO.3 ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved Change Order No. 3 in the amount of (-$I 1, i 31.25) on the contract of Smith & Company. Inc., as recommended in the memorandum. CHANGE ORDER NO. 3 IS ON PILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.11.1. SOUTH COUNTY WATER TREATMENT REVERSE, OSMOSIS SKIDS#1 AND #2 MEMBRANE VESSEL REPLACEMENT - BID AUTHORIZATION July 8, 2003 ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn , the Board unanimously authorized the Utilities 18 7 3t1 i v' j$ i Department and the Purchasing Department to bid the purchase and installation of 96 new membrane vessels, as recommended in the memorandum. I1.He2e DR. ROOF — JAMES R. AND PHYLLIS PARKS — WATER MAIN EXTENSION DEVELOPER'S AGREEMENT — FINAL PAY REQUEST AND RELEASE OF RETAINAGE ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously approved payment to James R. and Phyllis Parks in the amount of $13,178.96, as recommended in the memorandum. 11.11.3. VAN BERGEN & HENDRY'S SUBDIVISION — PETITION WATER SERVICE — 77TH COURT AND 77TH TERRACE, SOUTH OFF ROSELAND ROAD ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously approved the project and authorized the Utilities Department to proceed with the engineering design work and award a contract for survey services based on the most favorable quote, in preparation for the special assessment project, as recommended in the memorandum. 11,HA9 ORCHID ISLAND AND ORCHID ISLE ESTATES WATER AND SEWER SERVICE July 8, 2003 19 MOTION WAS MADE by Commissioner Adams, SECONDED by Vice Chairman Ginn, for discussion, to approve staffs recommendation. Under discussion, Vice Chairman Ginn was concerned about the number of people who seem to not want the County to install this water and sewer service. Assessment Projects Manager Dan Chastain advised that staff has not circulated a petition recently, but over the years there have been a number of inquiries. Concerns were expressed at a January Commission meeting regarding the potential of pollution of the Indian River Lagoon. The figures he will discuss today were requested at that time. A number of the homes in the developments are on septic tanks and wells. Some have requested water. others have requested sewer. Based on the initial estimates, the projected costs for water are approximately $1 million and for sewer are $1.2 million. This cost would be the greatest of any assessment project the County has ever done and would undoubtedly be controversial. For a typical ,/ acre parcel, the assessment would be in excess of $20,000 and then the capacity charge is another $4,000 if the owner connects to both water and sewer. If a mandatory connection is not enforced, it might not affect many of the owners of existing homes. He has been told that a private water system for new homes is quite costly, from $12.000 to $15,000, and the water quality is still substandard and requires additional equipment to remove the sulphur smell. If the County moves fonvard with this, new construction would bring mandatory connection to County service. He pointed out that roofs on some of the homes cost equal to this. Some of the homes" taxes are in excess $25,000 per year; this service could bring a potential savings on insurance premiums. If water and sewer services are put in, restoration costs will be high because we would not Jul;} 8, 2003 �0 �3 t want to harm the existing oak trees. The method used for calculations has considered special engineering requirements, such as directional boring. The assessment would be only apart of the cost for a homeowner to connect and each house would require its own grinder station. Commissioner Adams advised that she has talked with people who want the services and others who do not want County water and sewer. This is a project where a big decision needs to be made because the Board has determined that in order to clean up the Lagoon the septic tanks are a problem according to a myriad of reports. This is a very nice island development which has been allowed to be developed on septic tanks and wells. The Board has taken a stand to go with the majority in other projects, but this project requires the Commissioners to make a decision between the importance o f the health of the Indian River Lagoon or the cost of the project to that small development. The Commissioners need to reach deep inside to decide. Vice Chairman Ginn suggested the Board needs to move forward. Commissioner Neuberger suggested moving to a public hearing to learn what the majority of the people wish to do. Commissioner Adams thought this needed to be a model project, particularly because of the desire to preserve the oaks. July 8, 2003 THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. (The Board approved the project as a proj ect consistent with the Indian River County Comprehensive Plan and the Environmental Health Department's recommended areas to be served, and authorized the Utilities Department to proceed with commencement of the engineering design and permitting work and award a contract for survey and soil testing services based on the most favorable quote, in preparation for the special assessment project, as recommended in the memorandum.) 1 I.H.5. SLUDGE UPDATE - AFFIRMATION OF INTEREST TO ST. LUCIE COUNTY FOR A REGIONAL SLUDGE PROCESSING FACILITY Utilities Director Erik Olson recommended giving serious consideration to this inquiry from St. Lucie County and sending a letter of interest to see what they have to offer. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously directed staff to respond to St. Lucie County affirming a potential interest in its regional sludge processing facilit} at the St. Lucie County Landfill. St. Lucie County would then need to develop a long- term proposal outlining costs and terms for further Indian River County consideration. A COPY OF THE LETTER SENT IS ON FILE WITH THE BACKUP M THE OFFICE OF THE CLERK TO THE BOARD II.I. 2003 HUD SUPERNOFA HOMELESS GRANT APPLICATION — TREASURE COAST HOMELESS SERVICES COUNCIL, INC. — TENANT RENTAL ASSISTANCE an HOMELESS MANAGEMENT INFORMATION SYSTEM July 8, 2003 LJs i ca' ,''b ON MOTION by Commissioner Adams. SECONDED BY Commissioner Neuberger, the Board unanimously authorized the Chairman to sign as applicant for two projects (Tenant Rental Assistance & Homeless Management Information System) to be submitted to HUD for funding under the 2003 HUD SuperNofa Grant Request, as requested by the Treasure Coast Homeless Services Council, Inc. COPY OF EXECUTED DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DeAe CHAIRMAN MACHT — APPOINTMENT OF COMMISSIONER ART NEUBERGER TO SERVE ON THE ST. JOHNS RIVER ALLIANCE Chairman Macht asked Commissioner Neuberger to serve as the Board's representative on the St. Johns River Alliance. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously approved the Chairman's appointment of Commissioner Neuberger to serve as the Board's representative on the St. Johns River Alliance. Commissioner Neuberger accepted the appointment with trepidation. July 8, 2003 23 13.D. COMMISSIONER LOWTHER - PAVING OF 13TH STREET S.W. - GROVENOR ESTATES Commissioner Lowther understood that the County will be paving out at Grovenor Estates and suggested paving 13" Street SW, between 34`" Avenue SW & 3:5)" Avenue SW, which is not included in the project. There are only 4 homes that front on 13" Street SW. There will be traffic in that area and the crew is out there now starting the process. He suggested it be paid 100% by the County. Public Works Director James Davis described the area using a site map. This road section was not in the original petition submitted by the property owners. He concurred with the need for paving, but it is not presently funded. Staff would need to determine cost, a funding source, and would also need to obtain a SJRWMD permit. It would be necessary to design it, but the mobilization cost with County crews is not expensive. Ansley Park, at the time the petition was received, was not a project and it didn't make sense to pave 13`" Street SW. It would now be useful to pave and save some traffic on Oslo Road. Commissioner Adams asked Director Davis to bring back the costs and time frame to the Commissioners. In response to Commissioner Lowther's inquiry, Director Davis estimated it would be about $100 per foot to pave a collector road, or a total of about $130,000. Commissioner Lowther thought it made sense to go ahead and do it. Director Davis advised that he only has 45` right-of-way, but should pick up more right-of-way from Ansley Park when it is platted and he believed he could send stormwater to that additional right-of-way. July- 8, 2003 ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously agreed to 24 have staff go forward and bring a report of the costs back to the Board. DOCUMENTS MADE PART OF THE RECORD:. FELLSMERE WATER MANAGEMENT DISTRICT - AMENDMENT TO INTER -GO VERNMENTAL A GREEMENT OF SEPT. 10, 1975 (ADDITION OF 79TH STREET FROM WILLOW STREET WESTWARD TO PARK LATERAL CANAL TO COUNTY'S NORTH COUNTY GRADER ROUTE NO. 3) CROSS REFERENCES (CLERK TO THE BOARD LOCATOR NU)IBERS): #75-003 DATED 9/10/75 AND #98-249(A) DATED 10/20/98 CITY OF VERO BEACH ORDINANCE NO. 200348 ANNEXING PROPERTY CONSISTING OF ALL OF SOMERSET SUBDIVISION, AS RECORDED INPLA T BOOK 15, PAGE 25, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,, PURSUANT TO THE VOL UNTAR Y ANNEXA TION PRO VISION OF SECTION 171.044 FLORIDA STATUTES COPY ON FILE FOR THE RECORD IN BACKUP AND ANNEXATIONS FILE IN THE OFFICE OF THE CLERK TO THE BOARD. July 8, 2003 25 14.Ae EMERGENCY SERVICES DISTRICT None. 14.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. 14.C. ENVIRONMENTAL CONTROL BOARD None, ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILL: 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 10:11 a.m. ATTEST: Jeffrey K. Barton, Clerk Minutes approved July 8, 2043 JUL 2 2 2003 W