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Home My WebLink About8/5/2003MINUTES ATTACHED OF COUNTY COMMISSIONERS IN RIVER COUNTY, FLORIDA AGENDA TUESDAY, AUGUST 5, 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 District 1 District 4 District 2 iIt I It I MINUTES ATTACHED OF COUNTY COMMISSIONERS IN RIVER COUNTY, FLORIDA AGENDA TUESDAY, AUGUST 5, 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 District 1 District 4 District 2 :w %', dsSrarl L`g'Y kw��. James E. Chandler, County Administrator William G. Collins II, County Attorney Kimberly Massung, Executive Aide to BCC Jeffrey K. Barton, Clerk to the Board 2. INVOCATION Reverend Tim Womack First Presbyterian Church 3. PLEDGE OF ALLEGIANCE Comm. Fran B. Adams 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS None. 5. PROCLAMATION and PRESENTATIONS A. City of Vero Beach Mayor Sandra Bowden will present a picture of the Lost Tree Islands B. Presentation to Traffic Operations Division for excellence in on-the-job safety 6. APPROVAL OF MINUTES None 11 BACKUP PAGES 1 It I 7. BACKUP CONSENT AGENDA PAGES A. Received and Placed on File in Office of Clerk to the Board: 1. Affidavit of Publication of Notice of Unclaimed Moneys (Cash Bonds Deposited with the Clerk of the Circuit Court prior to 01/01/02) 2, Sheriff's DUI Impoundment and Immobilization Trust Fund Report for the 3rd Quarter of FY 2003 B. Approval of Warrants (memorandum dated July 17, 2003) 2-10 C. Approval of Warrants (memorandum dated July 24, 2003) 11-20 D. Out -of -County Travel for Commissioners to Attend an Agro - Ecology Conference — Can We Keep Agriculture in the South Florida Ecosystem (memorandum dated July 24, 2003) 21-23 E. Resignation of George Glenn and Appointment of Louis Schacht to the Code Enforcement Board (memorandum dated July 28, 2003) 24-26 F. Amending Resolution 2003-080 (memorandum dated July 29, 2003) 27-29 G. Declare Excess Equipment Surplus for Sale or Disposal (memorandum dated July 22, 2003) 30-37 H. Office of The Medical Examiner Request to Increase Cremation Approval Fees (memorandum dated July 24, 2003) 38-39 I. Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for Traffic Signal System Enhancements (memorandum dated July 24, 2003) 40-47 J. North Reverse Osmosis Water Treatment Plant Fluoride Tank Replacement (memorandum dated July 17, 2003) 48 K. Payments to Vendors of Court Related Costs (memorandum dated July 23, 2003) 49-51 PA - 4 f i3 v a..4.. .. a -.. , e r r � t-. .. , .. ... �<,• ... .v a - .. r - -.. ,. .. - l v - 4,44-j y�.+�q, '} BACKUP 7. CONSENT AGENDA (cont'd.) PAGES L. Recommendation to Retain Surveyor (memorandum dated July 14, 2003) 52-56 M. Tradewind Development L.L.C.'s Request for Final Plat Approval for High Hawk of Vero Beach Phase I Subdivision (memorandum dated July 25, 2003) 57-77 N. SDG Kings Inc.'s Request for Final Plat Approval for a Planned Development to be known as Oaks of Vero PD Phase I (memorandum dated July 28, 2003) 78-92 O. GHO Vero Beach Inc. Request for Final Plat Approval for Lindsey Lanes Phase H -B Subdivision (memorandum dated July 28, 2003) 93-108 P. Resolution Canceling Taxes on Property Acquired by the City of Fellsmere for Right -of -Way (memorandum dated July 28, 2003) 109-114 Q. Chase Meadows Subdivision — Second Modification to Contract for Construction of Required Improvements (memorandum dated July 3, 2003) 115-121 R. Release of Demolition Lien (memorandum dated July 29, 2003) 122-123 S. Florida Department of Transportation Settlement Agree- ment — Fellsmere Road Sidewalk Improvements, Old Winter Beach Road Sidewalk Improvements; Roseland Road Sidewalk Improvements (memorandum dated July 29, 2003) 124-130 " T. Board Approval of Florida Communities Trust (FCT) Closing Documents for Cost -Share Reimbursement of the Lost Tree Islands Purchase (memorandum dated July 29, 2003) 131-148 K BACKUP 8. CONSTITUTIONAL OFFICERS and PAGES GOVERNMENTAL AGENCIES None 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Consideration of an Application for a Certificate of Public Convenience and Necessity for a Class E1 Certificate for Tandem Health Care of Vero Beach (memorandum dated July 22, 2003) 149-162 2, AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION FOR .44 ACRES LOCATED WEST OF THE I-95/STATE ROUTE 60 OFFRAMP, APPROXIMATELY 176 FEET NORTH OF STATE ROUTE 60, FROM M-1, MEDIUM DENSITY RESIDENTIAL -1 (UP TO 8 UNITS/ ACRE), TO C/I COMMERCIAL/INDUSTRIAL; AND PRO- VIDING CODIFICATION, SEVERABILITY, AND EFFEC- TIVE DATE AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE AC- COMPANYING ZONING MAP FOR .44 ACRES LOCATED WEST OF THE I-95/STATE ROUTE 60 OFFRAMP, APPROXI- MATELY 176 FEET NORTH OF STATE ROUTE 60, FROM RS -6, SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), TO CG, GENERAL COMMERCIAL DIS- TRICT; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE 'Marquis Corporation's Request for Small Scale Comprehensive Plan Future Land Use Amendment Approval to Redesignate .44 Acres from M-1 to C/I; and to Rezone those .44 Acres from RS -6 to CG (Legislative) (memorandum dated July 28, 2003) 163-187 Be PUBLIC DISCUSSION ITEMS 1. Request from Brian T. Heady to discuss issues relating to the tax burden and expenditures of Indian River County residents (letter dated July 23, 2003) 188 2. Request from Tommy McDougald to discuss County contracts and bid procedures (memorandum dated July 23, 2003) 189 In h a me 9. PUBLIC ITEMS (cont'd.): BACKUP Be PUBLIC DISCUSSION ITEMS (cont'd.): PAGES 3. Request from Sidney W. Turner to make comments regarding the proposed Sector 7 Beach Restoration Project (letter dated July 28, 2003) 190 Co PUBLIC NOTICE ITEMS None 10. COUNTY ADMINISTRATOR'S MATTERS None 11, DEPARTMENTAL MATTERS A. Communitv Development 1, Board Consideration of Staff Report on Extending 130th Street for Access to the Kirrie Industrial Tract (memorandum dated July 29, 2003) 191-213 Be Ememencv Services None Co General Services 1. Soffit and Cornice Refurbishment to Old Fellsmere School (memorandum dated July 25, 2003) 214-218 2, Presentation Concerning Needs Assessment Study for the Indian River County Jail Prepared by Carter Goble Associates, Inc. (memorandum dated July 23, 2003) 219-228 D. Human Resources None E. Human Services None F. Leisure Services None G. Office of Management and Budget None H. Recreation None 5 11. 12. 13. 14. DEPARTMENTAL MATTERS (cont'd.): BACKUP PAGES I. Public Works None J. Utilities Services None COUNTY ATTORNEY A. Resolution Appointing Value Adjustment Board Members and Providing or Rejecting Per Diem Compensation for Value Adjustment Board (memorandum dated July 29, 2003) 229-233 COMMISSIONERS ITEMS A. Commissioner Kenneth R. Macht, Chairman 1. Joint Meeting of County Commission and the Sebastian Inlet Tax District (letter dated July 29, 2003) 234 Be Commissioner Caroline D. Ginn, Vice Chairman C. Commissioner Fran Be Adams D. Commissioner Thomas S. Lowther E. Commissioner Arthur R. Neuberger SPECIAL DISTRICTS and BOARDS A. Emereencv Services District None r. �rr ' 6 BACKUP 14. SPECIAL DISTRICTS and BOARDS (cont'd.): PAGES Be Solid Waste Disposal District None 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.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 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. nif N BOARD OF COUNTY COMMISSIONERS MEETING OF AUGUST 5, 2003 1. CALL TO ORDER ................................................. 1 2. INVOCATION....................................................1 3. PLEDGE OF ALLEGIANCE .... 1 0 1 1 ..... 0. 1. 1 .... 1. 1. 1. 0. 1 ......... I 4, ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ..... 1 5. PROCLAMATIONS AND PRESENTATIONS ..... 1 .... 1. 1 ............ 1 2 5.A. Presentation of a Picture of Lost Tree Islands by City of Vero Beach Mayor Sandra Bowden..............................................2 S.B. Presentation of Sunshine Safety Council's Plaque Honoring Traffic Operations Division .. 1. 1. 1. 1 ... , .... 1. 1. V ... 0. N. 1 ............. 2 6. APPROVAL OF MINUTES ......................................... 2 7, CONSENT AGENDA . . .... . ............................... . 1111... 2 7.A. Reports Placed on File in the Office of the Clerk to the Board ......... 3 7.13. Approval of Warrants . , . , 1111 ................................. 3 7.C. Approval of Warrants ..................... . ................... 3 7.D. Out -of -County Travel for Commissioners - Agro -Ecology Conference in Ft. Pierce September 17, 2003 .................. . ........ 1 .. 1 1 . 1 4 7.E. Code Enforcement Board - Resignation of George Glenn and Appointment of Louis Schacht ............................................. 4 7.F. Resolution No. 2003-081 Amending Resolution No. 2003-080 Concerning Issuance of Recreational Revenue Refunding Bonds, Series 2003, for $7,500,000, and Redemption of Recreational Revenue Refunding Bonds, Series1993 .................................................4 7.G. Excess Equipment Declared Surplus for Sale or Disposal I . I ..... I . I .. 5 7.H. Office of the Medical Examiner, Roger E. Mittleman, M.D. - Increase Cremation Approval Fees and Install New Flooring .......... I . 4 . I . 0 6 I] ..- 7.I. Resolution No. 2003-082 - Traffic Signal System Enhancements - Joint Participation Agreement with Florida Department of Transportation .... 6 7.J. North County Reverse Osmosis Water Treatment Plant - Bid Authorization for Fluoride Tank Replacement .................................. 7 7.K. Payments to Vendors of Court -Related Costs I ........... I .......... 7 7.L. Orchid Island -Orchid Isle Estates Water & Sewer Assessment Project - Surveyor Services - Masteller & Moler, Inc. - Work Authorization #4 ... 7 7.M. High Hawk of Vero Beach Phase I Subdivision - Final Plat Approval Requested by Tradewind Development L.L.C. (Quasi -Judicial) .. I ..... 8 7.N. Oaks of Vero PD Phase I - Final Plat Approval for a Planned Development Requested by SDG Kings Inc. (Quasi -Judicial) 1111 ................. 8 7.0. Lindsey Lanes Phase II -B Subdivision - Final Plat Approval Requested by GHO Vero Beach, Inc, .................. 11 .................. 11 9 7.P. Resolution No. 2003-083 - Canceling Taxes on Property Acquired by the City of Fellsmere (right-of-way from C.L. Hampton, Inc.) . I .. I . I .... 19 7.Q. Chase Meadows Subdivision - Second Modification to Contract for Construction of Required Improvements with Chase Meadows, L.L.C. (Extends Completion Date to May 14, 2004) ... 11 ... 1 . 1 ....... I ... 10 7.R. Release of Demolition Lien Against Thomas D. Blackburn and James A. Williams and Lot 8 of Cannon Subdivision ....................... 10 7.S. Settlement Agreement with Florida Department of Transportation - 1) Fellsmere Road Sidewalk Improvements - Project No. 9916; 2) Old Winter Beach Road Sidewalk Improvements - Project No. 0002, and 3) Roseland Road Sidewalk Improvements - Project No. 9916 .................. 11 7.T. Purchase of Lost Tree Islands - Approval of Closing Documents for Cost - Share Reimbursement from Florida Communities Trust (FCT) - (City of Vero Beach and Town of Indian River Shores) . I .................. 12 9.A.1. PUBLIC HEARING - TANDEM HEALTH CARE OF VERO BEACH - APPROVAL TO ISSUE CLASS "E1" CERTIFICATE TO EXPIRE AUGUST 5, 2005 ....... .... ......... ................... ........ .......12 9.A.2. PUBLIC HEARING - ORDINANCE NOS. 2003-023 AND 2003-024 AMENDING THE LAND USE DESIGNATION (M-1 TO C/I) AND ZONING (RS -6 TO CG) FOR .44 ACRES LOCATED WEST OF THE SR 60/I-95 OFF RAMP - REQUESTED BY MARQUIS CORPORATION .... I ........ 1.. 13 9.13.1. PUBLIC DISCUSSION ITEM - BRIAN T. HEADY - REQUEST TO DISCUSS ISSUES RELATING TO THE TAX BURDEN AND EXPENDITURES OF INDIAN RIVER COUNTY RESIDENTS ........... I ................. 15 9.13,2. PUBLIC DISCUSSION ITEM - TOMMY McDOUGALD - REQUEST TO DISCUSS COUNTY CONTRACTS AND BID PROCEDURES . 1. 1. 1. 1 ... 16 9,13.3. PUBLIC DISCUSSION ITEM - SIDNEY W. TURNER - REQUEST TO MAKE COMMENTS REGARDING THE PROPOSED SECTOR 7 BEACH RESTORATION PROJECT (SEAGROVE TO THE MOORINGS) ......... 17 I I.A. CONSIDERATION OF STAFF REPORT ON EXTENDING 130TH STREET FOR ACCESS TO THE KIRRIE INDUSTRIAL TRACT (FRED MENSING) 17 I LC. I, OLD FELLSMERE SCHOOL - SOFFIT AND CORNICE, REFURBISHMENT - ACT, INC. . 1. 1. 1 ................. 1 .... 1.24 I LC.2. NEEDS ASSESSMENT STUDY FOR INDIAN RIVER COUNTY JAIL - PRESENTATION BY CARTER GOBLE ASSOCIATES, INC...... 25 12.A. RESOLUTION NO, 2003-084 APPOINTING VALUE ADJUSTMENT BOARD (VAB) MEMBERS AND REJECTING PER DIEM COMPENSATION..........................................30 13.A.1, CHAIRMAN MRCHT - JOINT MEETING WITH THE SEBASTIAN INLET TAX DISTRICT COMMISSION . . ..................... 31 13.A.2. CHAIRMAN MACHT - SUGGESTION TO VIEW MARS THE END OF AUGUST ON TOP FLOOR OF COURTHOUSE GARAGE . , .. 0. , .. 31 14.A. EMERGENCY SERVICES DISTRICT ..... . .... . ... . 1111... 0. 1. 1 1 1 .. 32 14.13. SOLID WASTE DISPOSAL DISTRICT ................. 1 ... 1 ..... 1. 1 32 14.C, ENVIRONMENTAL CONTROL BOARD ......1111........ 1 1.1.1....32 August 5, 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, August 5, 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 11, 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. 2. INVOCATION Vice Chairman Ginn delivered the invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Adams led the Pledge to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS None. August 5, 2003 1 5. PROCLAMATIONS AND PRESENTATIONS S.A. Presentation of a Picture of Lost Tree Islands by City of Vero Beach Mavor Sandra Bowden City of Vero Beach Mayor Sandra Bowden presented a framed aerial photograph of the Lost Tree Islands to the Board of County Commissioners. She had accepted it on behalf of Indian River County in Tallahassee. She believed purchasing the islands was an example of government at its best. She expressed her thanks to all, particularly Vice Chairman Ginn. 5.B. Presentation of Sunshine Safety Council's Plaque Honoring. Traffic Operations Division ..L i Commissioner Neuberger advised that the plaque was presented at a July 23, 2003 luncheon of the Sunshine Safety Council. The County's Traffic Operations Division received recognition among other 2001 and 2002 private and public recipients. Traffic Engineer Chris Mora accepted the plaque for Mark Webb who heads up Traffic Operations and explained the responsibilities of these employees adding that they often work in some dangerous situations. He expressed appreciation on their behalf. 6. APPROVAL OF MINUTES None. 7. CONSENT AGENDA Vice Chairman Ginn requested separation of 7.G., 7.M., 7.N., and 7.0. for questions and comments. August 5, 2003 2 7.A. Reports Placed on File in the Office f the Clerk to the Board Affidavit of Publication of Notice of Unclaimed Moneys (Cash Bonds Deposited with the Clerk of the Circuit Court prior to 01!01102) Sheriffs DUI Impoundment and Immobilization Trust FundReport for the 3" Quarter of FY 2003 FOR INFORMATION ONLY, NO ACTION REQUIRED. 7.B. Approval of Warrants ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously approved the list of warrants issued by the Clerk for the period July 10-17, 2003, as requested 7. C. Approval of Warrants ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously approved the list of warrants issued by the Clerk for the period July 18-24, 2003, as requested. August 5, 2003 Z.D. Out -of -County Travel for Commissioners - Agro -Ecology Conference in Ft. Pierce September 17, 2003 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously authorized travel for Commissioners to the Agro -Ecology Conference at the Indian River Research and Education Center in Ft. Pierce on September 27, 2003, as requested. 7.E. Code Enforcement Board - Resignation of George Glenn and Appointment of Louis Schacht ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously accepted the resignation of George Glenn and appointed Louis Schact to the Code Enforcement Board, as recommended in the memorandum. 7.F. Resolution No. 2003-081 Amending Resolution No. 2003480 Concerning Issuance of Recreational Revenue Refunding Bonds-, Series 2003, for $7,500,000. andRedemption ofRecreationalRevenue Refunding Bonds. Series 1993 August 5, 2003 4 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously adopted Resolution No. 2003-081 amending Resolution 2003-080 which authorized the not to exceed $7,500,000 Indian River County, Florida Recreational Revenue Refunding Bonds, Series 2003, and awarded the sale thereof to William R. Hough & Co.: providing certain other matters in connection therewith; and providing an effective date. (Removes redemption date to allow flexibility due to market fluctuations.) 7.G. Excess Eauipment Declared Surolusvfor Sale or Disposal Vice Chairman Ginn inquired about all the computer equipment on the list, and General Services Director Tom Frame explained that while the equipment is are operational, the technology out dated. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously declared the listed items surplus and authorized their sale and/or proper disposal; authorized that the excess equipment be picked up and delivered to the auction that will be held on August 23, 2003, at the Indian River County Sheriffs Office, as recommended in the memorandum. August 5, 2003 5 Z.H. Office of the Medical Examiner. Roger E. Mittleman. M.D. - Increase Cremation Approval Fees and Install New Flooring ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously approved an increase of Cremation Approval Fees from $20.00 to $30.00, effective October 1, 2003, for the Office of the Medical Examiner, District 19, and approved transfer of funds for the installation of new flooring in the cooler, as recommended in the memorandum. 7.I. Resolution No. 2003482 - Traffic Signal Svstem Enhancements - Joint Participation Aereement (JPA) with Florida Department of Transportation (FDOT) ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously adopted Resolution No. 2003-082 authorizing a Joint Participation Agreement (with Florida Department of Transportation) for Traffic Signal System Enhancements. August 5, 2003 COPY OF PARTIALLY EXECUTED .IPA IS ON FILE IN THE OFFICE. OF TI IE CLERK TO THE BOARD 0 7.J. North Countv Reverse Osmosis Water Treatment Plant - Bid Authorization for Fluoride Tank Replacement ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously authorized the Utilities Department and the Purchasing Department to bid the purchase and installation of the North County RO WTP fluoride tank (a non -budgeted item), as recommended in the memorandum. 7.K. Pavments to Vendors of Court -Related Costs NO ACTION REQUIRED OR TAKEN. 7.L. Orchid Island -Orchid Isle Estates Water & Sewer Assessment Proiect - Survevor Services - Masteller & Moler. Inc. - Work Authorization #4 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously approved retaining Masteller & Moler, Inc., to perform the surveying for the Orchid Island/Orchid Isle Estates Assessment project, in the amount of $21,560, and authorized the Chairman to execute the proposed Work Authorization #4, as recommended in the memorandum. August 5, 2003 7 WORK AUTHORIZATION #4 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.M. High Hawk of Vero Beach Phase I Subdivision - Final Plat Approval Requested by Tradewind Development L.L.C. (Ouasi- Judicial) Vice Chairman Ginn was pleased to see the density was less than allowed. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously granted final plat approval for High Hawk of Vero Beach Phase I and authorized the Chairman to execute the Contracts for Construction when the required Letters of Credit have been submitted and approved by the County Attorney, as recommended in the memorandum. COPY OF CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS AND COPY OF CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK IMPROVEMENTS .ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.N. Oaks of Vero PD Phase I - Final Plat Approval for a Planned Development Reauested by SDG Kings Inc. (Quasi -Judicial) Vice Chairman Ginn was pleased to note that the density on this was less than allowed. ON MOTION by Vice Chairman Ginn, SECONDED BY August 5, 2003 9 Commissioner Neuberger, the Board unanimously granted final plat approval for Oaks of Vero PD Phase I, and authorized the Chairman to execute the Contract for Construction when the required letter of credit has been submitted and approved by the County Attorney, as recommended in the memorandum. COPY OF CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.0. Lindsev Lanes Phase HIB Subdivision - Final Plat Approval Reauested by GHO Vero Beach. Inc. Vice Chairman Ginn was pleased to note the density on this was less than allowed. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously granted final plat approval for Lindsey Lanes Phase II -B and authorized the chairman to execute the submitted Contract for Construction of remaining required improvements and the Cash Deposit and Escrow Agreement, as recommended in the memorandum. COPY OF CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS AND COPY OF CASH DEPOSIT AND ESCROW AGREEMENT ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.P. Resolution No. 2003483 - Canceling Taxes on Property Acquired by the City ofFellsmere (right-of-wav from C.L. Hampton. In c. August 5, 2003 I ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously adopted Resolution No. 2003-083 canceling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (City of Fellsmere right-of-way) 7.Q. Chase Meadows Subdivision - Second Modification to Contract for Construction of Required Improvements with Chase Meadows. L.L.C. (Extends Completion Date to Mav 14, 2004) ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously approved the Second Modification to Contract for Construction of Required Improvements No. SD -00 -06 -07 -CFC (93050013-26511) extending the completion date to May 14, 2004 and authorizing the Chairman to execute the same provided, however, that the current security in place be extended to August 14, 2004, and is in an amount of not less than $17,910.10, as recommended in the memorandum. COPY OF SECOND MODIFICATION TO CONTRACT IS ON FILE IN THE OFFICE OF TI IE CLERK TO THE BOARD 7.R. Release of Demolition Lien Against Thomas D. Blackburn and James A. Williams and Lot 8 of Cannon Subdivision August 5, 2003 10 tylt % ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously authorized the Chairman to execute the proposed Release of Lien for recording in the Public Records in Indian River County, as recommended in the memorandum. RELEASE TO BE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY 7.S. Settlement Agreement with Florida Department of Transnortation -1) Fellsmere Road Sidewalk Improvements - Protect No. 9916: 2) Old Winter Beach Road Sidewalk Improvements - Protect No. 0002; and 3) Roseland Road Sidewalk In - Protect No. 9916 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously approved the settlement agreement with FDOT (Indian River County to be reimbursed $517,191.49) and authorized the Chairman to execute same, as recommended in the memorandum. August 5, 2003 SETTLEMENT AGREEMENT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 11 J.. 7.T. Purchase ofLost Tree Islands -Approval of Closing Documents for Cost -Share Reimbursement from Florida Communities Trust (FCT) - (City of Vero Beach and Town of Indian River Shores) ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously authorized the Chairman to execute the proposed Grant Award Calculation and Grant Award Agreement with Florida Communities Trust, and authorized staff to coordinate with the Town of Indian River Shores and the City of Vero Beach for approval of the documents by those municipalities, as recommended in the memorandum. COPY OF RECORDED GRANT AWARD AGREEMENT AND GRANT AWARD CALCULATION ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 9.A.1. PUBLIC HEARING - TANDEM HEALTH CARE OF VERO BEACH - APPROVAL TO ISSUE CLASS "E1" CERTIFICATE TO EXPIRE AUGUST 5. 2005 PROOF OF PUBLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Emergency Services Director John Ding reviewed the memorandum advising that Tandem Health Care of Vero Beach now wanted to transport wheelchair patients. He recommended approval. He advised that Raphael Conseco was present from Tandem; there were no questions. August 5, 2003 12 pit 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 Commissioners Ginn, Adams, and Lowther, SECONDED BY Commissioner Neuberger, the Board unanimously approved a Class '*EI" Certificate be issued to Tandem Health Care of Vero Beach to be effective from August 5, 2003 through August 5, 2005, as recommended by staff. COPY OF CERTIFICATE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 9.A.2. PUBLIC HEARING - ORDINANCE NOS. 2003-023 AND 2003- 024 AMENDING THE LAND USE DESIGNATION (M4 TO C/I) AND ZONING (RS -6 TO CG) FOR .44 ACRES LOCATED WEST OF THE SR 60JI-95 OFF RAMP - REQUESTED BY MARQUIS CORPORATION PROOF OF PUBLICATION OF ADVERTISEMENT FOR FIEARING IS ON FILE IN THE OFFICE OF TIIE CLERK TO TIIE BOARD Community Development Director Robert Keatingreviewed the memorandum using a Power Point presentation (which included maps to indicate the location) and the proposed plan. (Copy on file with the backup in the office of the Clerk to the Board.) He reviewed the existing land uses near the subject property and advised that the concurrency test was met; it is consistent with the Comprehensive Plan; there will be no significant environmental impacts; and the compatibility of the surrounding area will be enhanced. Staff supports approval and the Planning and Zoning Commission unanimously recommended approval. August 5, 2003 13 Vice Chairman Ginn questioned access to the property, and Director Keating advised that will be looked at carefully during the site plan process. Commissioner Neuberger noted there are homes in the area and Commissioner Adams inquired about the policy not to expand nodes unless they are built out. Director Keating read the portion entitled "Future Land Use Element Policy" from page 172 (of the backup) where it provides for an exemption for property originally designated residential in error. Commissioner Ginn wanted to be certain we treat everyone the same. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Neuberger, SECONDED BY Commissioner Lowther, the Board unanimously adopted Ordinance No. 2003-023 amending the Future Land Use Element of the Comprehensive Plan by changing the Land Use Designation for .44 acres located west of the I-95/State Route 60 Offramp, approximately 176 feet north of State Route 60; from M- I, Medium -Density Residential -1 (up to 8 units/acre), to C/I, Commercial/Industrial; and providing codification, severability, and effective date. ON MOTION by Commissioner Neuberger, SECONDED BY Commissioner Lowther, the Board unanimously adopted Ordinance No. 2003-024 amending the Zoning Ordinance and the Accompanying Zoning Map for .44 acres located west of August 5, 2003 14 the I-95/State Route 60 Offramp, approximately 176 feet north of State Route 60, from RS -6, Single -Family Residential District (up to 6 units/acre), to CG, General Commercial District; and providing codification, severability, and effective date. 9.B.1. PUBLIC DISCUSSION ITEM - BRIAN T. HEADY - REOUEST TO DISCUSS ISSUES RELATING TO THE TAX BURDEN AND EXPENDITURES OF INDIAN RIVER COUNTY RESIDENTS Brian Heady, Vero Beach, read from Article I of the Florida Constitution and stated that silence of elected representatives was the core of his concern. He referred to recent Commission meetings when he was removed from the podium because of speaking of the "blue wall of silence" and expounded on the subject. Chairman Macht cautioned Mr. Heady that he was coming close to being removed again. He would give Mr. Heady an excerpt from the Laws of the State of Florida that gives the Commission and the Commission Chairman the right to conduct an orderly meeting. He continued that Mr. Heady's continual ranting about a "blue wall of silence" borders on a charge of criminality and he has previously advised him that was a matter for the State's Attorney. He would allow Mr. Heady another three minutes to speak about anything specific; otherwise, he would be escorted out of the room again and he hated the embarrassment to both of them. Mr. Heady continued with his previous dialogue and Chairman Macht asked the deputy to conduct Mr. Heady to his seat. Chairman Macht asked Executive Aide Kimberly Massung to obtain the citations from the law and mail them to Mr. Heady, August 5, 2003 15 t, _,., ; ,y 9.B.2. PUBLIC DISCUSSION ITEM - TOMMY McDOUGALD - REOUEST TO DISCUSS COUNTY CONTRACTS AND BID PROCEDURES Tommy McDougald, 2036 7`h Court SW, advised that he had bid on tree trimming for the County. He was unable to specify which department except that it was a Sebastian phone number. He stated that he is a certified minority contractor, pays his taxes and has insurance and believes that he has a right to compete. He objected that the process was unfair because he was not notified who got the bid and everyone he goes to has a different answer. Administrator Chandler was not aware of Mr. McDougald's bid and gave assurances that there is no intent on the County's part to eliminate anyone who has credentials to do a job. He will find out about this and correct any discrepancy that may have occurred. General Services Director Tom Frame thought what had occurred was a department obtained verbal quotes which they may do for threshold jobs of certain amounts. He suspected the department just got verbal quotes; there is no requirement to notify the unsuccessful bidders. Chairman Macht suggested it might be a better idea to follow up and call back. Commissioner Adams suggested that if Mr. McDougald ever calls again to give a bid, he should write down the name and telephone number, the job, the amount of his quote, and ask to be notified of the decision. Mr. McDougald was still frustrated because it has been costing him money to be in business and do things that have to be done to be in business and he has been unable to get County jobs. Administrator Chandler advised that his office would try to track down this particular instance. He also concurred that bidders have the right to know the outcome either way. August 5, 2003 16 _ 9.B.3. PUBLIC DISCUSSION ITEM - SIDNEY W. TURNER - REOUEST TO MAKE COMMENTS REGARDING THE PROPOSED, SECTOR 7 BEACH RESTORATION PROJECT (SEAGROVE TO THE. MOORINGS) (Clerk's Note: In this item. Mr. Turner referred to a U.S. Army Corps of Engineers' Scoping Meeting, held in the County Commission Chambers, on July 23, 2003, to solicit comments on issues and alternatives to be included in the Environmental Impact Statement.) Sid Turner, a resident of Indian River County, objected to the process used in a meeting held in the Commission Chambers concerning Sector 7 (Seagrove to '"rhe Moorings). He objected to this project because the County will be unable to obtain State aid but the project will be funded through local option sales tax and the bed tax. He urged the Commissioners to respect the public's wishes and possibly hold a referendum on the question. 11.A. CONSIDERATION OF STAFF REPORT ON EXTENDING. 130TH STREET FOR ACCESS TO THE KIRRIE INDUSTRIAL TRACT (FRED MENSING) Chairman Macht asked County Attorney Collins to define what the Board of County Commissioners can do regarding this issue concerning 129`' and 130" Streets, County Attorney Collins explained that Mr. Kirrie has frontage on 129" Street which would be his only direct access to a public road. There is a claim by Mr. Fred Mensing that he owns a 60 -foot strip between 129t' Street and the Kirrie parcel, but Mr. Mensing gave an August 5, 2003 17 Gig easement to Mr. Kirrie's predecessor, the Semblers, which enures to Mr. Kirrie's benefit. Whether that strip exists or not, Mr. Kirrie either has frontage on a public road or an easement to access it. He does not have any frontage on 130" Street, which is separated by at least 330 feet from his nearest boundary. The County could not take any steps to bar Mr. Kirrie from accessing a public road (129" Street) without inversely condemning or taking his property. The Board has the right to take steps to try to provide access to 130" Street. Staff s memorandum outlined what would be involved and the expenses they can estimate. The Board has the right to make those efforts in the name of economic development if they feel it appropriate. County Attorney Collins advised that he had spoken with Mr. Kirrie who has always thought that 130" Street would be a better place to access his property, but he has been unable to come to an agreement as to how the expenses would be borne and what he would be required to do. If the County did find the means to access 130", Mr. Kirrie would probably be willing to do so. The main point is that if property has frontage on a public road, access to that road cannot be denied without effecting a taking of property which would be compensable as a condemnation of the property. Environmental & Code Enforcement Chief Roland DeBlois advised that he had, per the Board's direction at the last meeting, reviewed the various issues on this matter which date back to 2000. The purpose of staff s report was to point out the complexity of the issue of providing Mr. Kirrie's property access by way of 130' Street. He advised the numerous environmental restraints to overcome and permits to be obtained in order to provide the Kirrie property access that would not impact the residents on 129t' Street. (Clerk's note: Mr. DeBlois' 5 -page memorandum with related maps is in the backup, pages 191-213). He declared it is difficult to determine the costs without doing a complete study, but he estimated it would run between $420,00 to $502,500. He cautioned the County could run August 5, 2003 18 ,-SS into many problems and costs, but if the Board wants to proceed, a consultant would be required to conduct a feasibility and cost analysis for the project. In response to questions and a suggestion from Commissioner Neuberger, Mr. DeBlois elaborated on impediments caused by scrub jay mitigation properties, wetlands, and other environmental issues. Vice Chairman Ginn had visited the property and believed that an error had been made to put residential in that area because of the proximity of the airport. She hoped that the problem would be resolved at this meeting. Chairman Macht believed the only option was for the Board to decide what to do about 130" Street. He also thought the County has no right to impose the cost on Mr. Kirrie. Commissioner Lowther felt this issue had been obscured by staff. He recommended a decision be made today to rectify this long-time issue. Ile believed the County needed to provide Mr. Kirrie access by 130' Street and he did not agree a consultant would be needed. Chairman Macht disagreed that staff had obscured the issue, but the Board was constrained by a man's property rights. We painted ourselves into a corner and it is time to rectify the problem. Commissioner Adams thought the property would have been ideal to buy for conservation but that cannot now be done and the City of Sebastian has annexed the piece. She believed it is time to learn what it will cost and determine how we will pay for it. Administrator Chandler specified that staff wants to resolve it also. It would be easy tojust pave it, but the difficulty is getting beyond past history and past agreements. We will have to go back to all the environmental agencies and revisit our past commitments. Vice Chairman Ginn and Commissioner Adams suggested authorizing our staff to seek the cooperation of USI&W. Chairman Macht pointed out issues where the County has been a very good friend in August 5, 2003 ll rill assisting USF&W and felt we should seek their cooperation in negotiations. County Attorney Collins recounted that several weeks ago Mr. Mensing spoke with hien about a comprehensive settlement of the lawsuit we currently have with him. It involved utilizing a combination of the 20' strip that runs from 130' in front of his property with some additional use of his property. The problem at that time involved moving his mobile home, possibly moving his septic tank, and there is an old block building that used to be a fish hatchery that would have to be moved or rebuilt in another location. He also wanted his property and the Kirrie property fenced off from the conservation area. It sounded like a very expensive proposition, but compared to the costs envisioned as an alternative, it may be cheaper. In view of County Attorney Collins' information, Chairman Macht suggested the Board charge the staff with investigating the possibility of working it out with Mr. Mensing. Commissioner Adams and Chairman Macht agreed, suggesting that staff look at the alternatives and bring back recommendations. In addition, Vice Chairman Ginn expected that staff would sit down with USF&W and enter into serious talks with them. Commissioner Lowther thought it should be done quickly because Mr. Kirrie's plans are proceeding. Chairman Macht agreed but, in the meantime, neither the City of Sebastian nor the County can prohibit Mr. Kirrie from using 129" Street. Commissioner Adams believed staff could meet with USF&W and be able to report back on that in about a month. Administrator Chandler thought it will take longer than 30 days whether or not the alternative (suggested by County Attorney Collins) of going along Mr. Mensing's property is feasible or not. August 5, 2003 20 County Attorney Collins specified that the other property is the north boundary of the conservation area. There was CONSENSUS that the Commissioners had made a commitment to use 130'h Street somehow and that staff would report back in 30 days. Margaret Hearndon, 7775 129`h Street, would rather have planes than trucks. She was hoping dialogue can be opened with the State to find out what they can offer us. She presented a petition with signatures for 31 properties opposed to use of 1291h Street by industrial trucks. (Petition is on file with the backup in the Office of the Clerk to the Board.) The Commissioners gave her assurances that none of the properties in conservation would ever be developed for industrial use. Cerise Seibert, 7610 129" Street, has lived right next to a road adjacent to the Mensing property for 25 years. She was concerned about giving up the quiet with children playing in the dirt road. She could not see why it has to be given up for industrial. County Attorney Collins explained that they is in the city's limits and the City of Sebastian made that change to industrial. The County Commission has no control over that. Don Perry, 129" Street, was under the impression that 2 years ago this Board turned down ago the change to industrial and thought that was the end of it. He was unsure if it was legal because Sebastian is in Indian River County. He suggested that since Sebastian did that, then the City should supply a route from Main Street which would be much more feasible. He appreciated the County going to bat for their neighborhood. County Attorney Collins explained that County ordinances and regulations apply countywide except or unless the cities adopt contrary regulations within their boundaries. August 5, 2003 21 The County Commission has no control over how the cities develop their property or how it is used. The City of Sebastian annexed it and they have the right to do what they did. Fred Mensing, 7580 129th St., Sebastian, wanted to point out several things. First, a stipulation between him and the County can clear the ownership of the property very simply. He thinks that he and County Attorney Collins are about two-thirds on track on that right now. The suggestion of the County acquiring the 60' strip (which contains his septic system and part of a concrete block building, which has been there by permit since the 1960s when the surveyors thought the strip was 44' wide) and the 20' strip is open for discussion. Another idea in the same direction: the former Hamilton Floyd property is now owned by a man named Ralph Holly and he had not spoken to him yet. At one time, Mr. Floyd had wanted to subdivide his 5 -acre home site and build a second house and he was denied by a previous Board of County Commissioners because he only has two 35' accesses, one at each end. (He pointed out the property on the map for the Board.) That 35 feet was granted by a warranty deed, is contiguous with the 20 foot deed the County has from General Development Corporation on the north end of Lot 19, which says it is a road -right-of-way, which was created at the request of Don Sembler who previously owned Mr. Mensing's legal access and built a concrete building used as a hatchery. A survey by Thigh Smith shows a 44' right-of-way between the Floyd lot, his lot, and other lots. It ends at his property going out to 130' Street. That distance is about 380' to 130" Street, about 150' of it will impact wetland, and all kinds of junk will be found there in the upland. Another option is to contact Mr. Holly to see if he would like to donate a little right-of-way and create a 60' road incorporating Mr. Holly`s 35 feet which would give 55 feet of stable land. He stressed that he does not know Mr. Holly, does not have a phone number, and he has not responded to a letter recently received. He thought it would be possible to negotiate and reach a compromise. August 5, 2003 22 -t, , Laura Lathero LaPorte, 7700 129" Street, advised she had a real concern for animals and children on the road and was opposed to having trucks on her road. C. N. Kirrie, Roseland, the owner of the property needing access, recounted that when this discussion first came up, he entered into an agreement with Mr. Mensing to obtain property to try to access 130t' Street. He has tried to do that for 3 years. He felt he had been "stonewalled" for 3 years because of decisions by the State and the Commission to use 129th Street. He always felt that 130`" Street was the right access. He will cooperate, but felt no obligation to provide funds to make that change. He was irritated that he was being vilified that he would not acquiesce to "conditions" with regard to sewer and water requirements which are high and did not initially exist. He stated he is available to anyone who wants to talk with him about a solution which he feels is possible. Nevertheless his project will go forward with development beginning on the west side of the property. If access to 130th Street is obtained at a later date he could do a modification. Don Perry asked for clarification, and the Commissioners stated that Mr. Kirrie has the right to use 129"' Street, cannot be barred from accessing his property, and that a barrier cannot be erected to prevent him from doing so. A brief discussion ensued on purchasing Mr. Kirrie's property, and County Attorney Collins stated that he had not offered it for sale. Ms. LaPorte expressed great concern that in the future she and her neighbors might be required to get sewer, water, and paving on their street. A lady inquired why someone cannot park their truck on his own property, and she was advised that was a code enforcement matter. Chairman Macht explained that the Board is going to try to get Mr. Kirrie access to his property as quickly as possible. Gary Wheeler, 3302 63`d Square, inquired if traffic could be restricted by weight August 5, 2003 23 loads by ordinance, and County Attorney Collins thought the State preempts that whole field of regulation. 11.C.1. OLD FELLSMERE SCHOOL - SOFFIT AND CORNICE REFURBISHMENT - ACT, INC. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Adams, the Board unanimously waived formal bidding due to lack of response; authorized staff to obtain the services of ACT, Inc, based on their quoted price; authorized that all payment be withheld until complete satisfaction and delivery of paid receipts for material and labor if subcontractors are used; waived the bonding requirement; and authorized staff to issue a purchase order for the work subject to the terms proposed by staff and contained within the proposal submitted by ACT, Inc., all as recommended in the memorandum. DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED (CLERK'S NOTE: AT 10:32 A.M. THE CHAIRMAN CALLED A 5 -MINUTE RECESS, THE MEETING WAS RECONVENED WITH ALL MEMBERS PRESENT.) August 5, 2003 24 i.dL IJ 11.0.2. NEEDS ASSESSMENT STUDY FOR INDIAN RIVER COUNTY JAIL - PRESENTATION BY CARTER GOBLE ASSOCIATES. INC. General Services Director Tom Frame referred to his memorandum in the backup and called on Sheriff Roy Raymond. Sheriff Raymond summarized the Public Safety Coordinating Council's recommendation to hire a consultant and the selection of Carter Goble Associates, Inc. to do this needs assessment on the Indian River County jail. lie recommended that a workshop be held on this subject as well as a visit to Hillsborough County's jail. Steve Carter, representing Carter Goble, presented his needs assessment using a Power Point outline with graphics (a copy of the CD is on file with the backup for this item along with a full set of the Needs Assessment and Master Plan). Mr. Carter's presentation included population trends and forecasts, an historic index of crime offenses, numbers of arrests, lengths of incarceration, and nature of the offenses. He also gave an assessment and evaluation of the current jail's system, explained the existing facility and its operations, and pointed out specific areas needing expansion. lie discussed a population management plan and presented three options for consideration and further study. The first option was based on the Hillsborough County Jail, in Tampa. (" Ilillsborough Model") and he described how it would integrate with our current jail, how many beds it would add, how it would be configured (uses Falkenberg Road housing unit) and operate; it would cost approximately $12,943,413. Option 2 also uses the "Hillsborough Model" but it would be connected to the current jail facility differently (see Figures 5-6 and 5-7); the estimated cost would be $13,038,318. Option 3 uses the old master plan which adopts and adapts to the current configuration. It would be located between the Sheriffs Administration Building and the existing Jail. It would be a tighter 2 -story facility and would run about $11,448,931. (See August 5, 2003 Figure 5-9). Mr. Carter also discussed a population management plan and pointed out the importance of understanding that the population is affected by many varied outside influences. (See Chapter 4) Mr. Carter specified that the County's facility has been well-maintained and that the medical area is much too small. The kitchen facility is very good and will serve an increase in population. The programming space needs to be greatly expanded in order to keep prisoners busy. The core area needs expansion and a new warehouse is proposed. A new visitors' center is needed; a televisiting center is proposed which would be safer and require less staffing. He thought the Commissioners would be quite impressed with a visit to the Hillsborough County jail which has implemented a televisiting center which was funded through the inmates' welfare fund. Mr. Carter also addressed staffing implications, annual operating costs, and how to reduce costs. Vice Chairman Ginn agreed that a visit to Tampa and a workshop would be the best approach for her to make a decision. She was concerned about managing prisoner populations and housing federal prisoners. In reviewing the average daily population figures, she found that we are not in a crisis situation and we do have options. She concurred that the medical unit, clinical area, intake booking, and visitors' center need expansion and upgrade. She was not convinced, however, that we need a huge building for housing additional prisoners. She noted the jail appears overcrowded yet 12% of the population is generally federal prisoners. She wanted to study the previous master plan. She felt more work is necessary and did not want to make a quick decision. Sheriff Raymond advised that he was never a fan of housing federal prisoners but he has modified his stance to some extent and is taking advantage of the additional income. He pointed out that we can determine how many federal inmates we want, provided we have room, and we can get rid of them if they are a problem or there is no space. The jail would August 5, 2003 26 still be overcrowded even if we got rid of the federal prisoners (because all prisoners are separated according to the severity of their crimes). He urged the Commissioners to see our jail first and then go over to Tampa; he had never before seen where one officer can supervise so many prisoners yet maintain a contentment level for them. The Hillsborough folks are also willing to let our corrections officers train over there at no cost to us. Discussion ensued on whether a trip to Tampa would aid in decision-making. Commissioner Neuberger thought there was sufficient information available here without going over there. Mr. Carter urged the Commissioners to go to Tampa citing several reasons including that the design made for a safer environment for the correctional officers and the prisoners and a lower incidence of vandalism, thus lower costs in maintenance. Sheriff Raymond supported his comments adding that they have made the mistakes from which we can learn. Chairman Macht asked the Sheriff to make the arrangements for the Commissioners to go and inquired how to handle the Sunshine issue. County Attorney Collins thought it would be safer to go individually to avoid any Sunshine problems. Sheriff Raymond suggested they could go as a group and invite members of the press and public. He advised it would take about a half a day to go through it and get answers to their questions. He also mentioned they have instituted many cost-saving benefits such as using porcelain instead of stainless steel. Their prisoners can exercise at any time without having a correctional officer escort them. They use a washing machine that will do 190 pounds of dry clothes at one time. Administrator Chandler thought suitable arrangements could be made to do it as a group, inviting the press and the public. Commissioner Adams supported going as a group and especially wanted to see that August 5, 2003 27 washing machine. There was CONSENSUS for the Sheriff to make the contacts in Tampa, give possible dates to Executive Aide Kimberly Massung, and coordinate the visit with Administrator Chandler. Frank Coffey, 1200 Admirals Walk, Vero Beach, had gone through the report and saw a number of issues. His concerns included housing out -of -county prisoners, cost breakdowns, and future operating costs. He expected other issues to come out at a workshop. He thought the court system needs to be altered and might benefit from the Public Safety Coordinating Council's help. Serious crime is not our major issue, the small crimes are. In response to Commissioner Neuberger, Sheriff Raymond detailed the ease of housing federal prisoners. Chairman Macht specified that we would not be creating beds for federal prisoners. Gary Wheeler advised of his involvement on the issue of overcrowding in the jail since 1982. He believed the federal prisoner program has been good for Indian River County because it brought in spendable revenue for empty beds. He recommended considering a 4th option to look at facilities with unadorned dormitories, such as in Tallahassee and Marion County, where one officer oversees low-risk prisoners. These facilities are low cost to build and operate in comparison to the other 3 options. Commissioner Lowther, Commissioner Neuberger and Vice Chairman Ginn were interested to see Marion County's dorm -style jail. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Lowther, the Board unanimously authorized travel to Hillsborough and Marion Counties to see their August S, 2003 28 n., - correctional facilities. Renee Renzi, 340 Waverly Place, asked how much has been designated for jail expansion. She also inquired how the Hillsborough type facility would integrate with the building and system we have now. Administrator Chandler responded that $11.3 million has been budgeted for jail expansion. Sheriff Raymond advised that our current closed confinement is more suitable for violent prisoners who cannot be housed in open barracks. Commissioner Adams inquired about option 3, and the Sheriff explained that would require additional jail personnel and in today's salaries, one new "post" (officer/3 shifts) runs $300,000 per year. In response to Commissioner Neuberger, Sheriff Raymond explained the differences between Marion County's barracks style and Tampa's barracks style facility. He favored Tampa's which would be initially more costly, but more cost-efficient in the long term. Discussion ensued on barracks -styles and the types of prisoners that typically would be housed in that style building. Chairman Macht summarized that the travel would be set up and completed. and felt the Commissioners might also need to visit our jail before the workshop(s) are held if they had not already been there. 12.A. RESOLUTION NO. 2003-084 APPOINTING VALUE. ADJUSTMENT BOARD (VAB) MEMBERS AND REJECTING PER, DIEM COMPENSATION County Attorney Collins advised that TRIM (Truth in Millage) notices are expected August 5, 2003 29 to be sent by the Property Appraiser to property owners on August 14" and the Commission needed to appoint three VAB members and the remaining Commissioners will be the two alternates. They would also need to adopt a resolution to either accept or reject $50 per day compensation. The Indian River County School Board has elected to accept the per diem. He stated that the Board will also need to schedule an organizational meeting and suggested it be held on August 11 t"; previous meetings have lasted about 15 minutes but this year's may be a bit longer because we have to appoint Special Masters but he believed the actual process will be less arduous than in the past because the VAB will either have to accept or reject the Special Masters' findings of fact and conclusions of law. After a brief discussion, Chairman Macht and Commissioners Lowther and Neuberger agreed to serve. Vice Chairman Ginn and Commissioner Adams were pleased to serve as alternates. ON MOTION by Commissioner Neuberger, SECONDED BY Commissioner Lowther, the Board unanimously adopted Resolution No. 2003-084 appointing the 2003 Value Adjustment Board Members (Chairman Macht, Commissioners I.,owther and Neuberger) and rejecting statutory per diem compensation. (CLERK'S NOTE: The vote on this motion was called just prior to adjournment.) County Attorney Collins was authorized to coordinate a time for the meeting on August I It". (CLERK'S NOTE: The VAB organizational meeting was held at 9 am on August 11, 2003.) August 5, 2003 30 13.A.1. CHAIRMAN MACHT — JOINT MEETING WITH THE SEBASTIAN INLET TAX DISTRICT COMMISSION Executive Aide Kimberly Massung advised that the Sebastian Inlet Tax District will be available the week of October 6-1 U for a joint meeting. She advised there could not he -I,y; coverage if it is held on October 0`' at Z p.m. due to a conflicting School Board meeting. Chairman Macht thought it unneccssary to incur the expense of televising the meeting since it was a vete narrow subject. There was CONSENSUS to hold the meeting on October 6" at ? p.m. or on an alternate date of October 9"' at / p.m. 13.A.2e CHAIRMAN MACHT — SUGGESTION TO VIEW MARS THE ENI} OF AUGUST ON TOP FLOOR OF COURTHOUSE GARAGE Chairman Macht advised that after 60,000 years Mars is approaching Earth and his astronomy club is very excited about it. He suggested that his club members might bring their sophisticated equipment to the top level ofthe Courthouse garage and the public could be invited to view this phenomenon. If this would be possible, the public could park in the parking garage. The optimum date would be August 28"rind ? or 3 days near that date. Ile suggested setting ttp more than one date. Administrator Chandler thought it could be done. Commissioner Adams quipped it would be Indian River County s "Planetarium" 14eA. EMERGENCY SERVICES DISTRICT None. August ,55, 2003 nit t4.B. SOLID WASTE DISPOSAL DISTRICT None. 14.0 ENVIRONMENTAL CONTROL BOARD_ None. ALL BACKUP DOCUMENT j\TION, RESOLUTIONS, AND ORDINANCES ARL ON FILE IN Ill IF OFFICE OI. THE CLERK '1'O `ME BOARD .AND ARE HEREBY MADE. A PART OF THESE MINUTES There being no further business, upon motion duly made and seconded, the Chainnan adjourned the meeting at 12:15 a.m. ATI,EST: Je-ey� "I Barton, Clerk Minutes approved August 55, 2003 SEP 0 2 2003 Kenneth R. Mach[, Chairman 32 ; nv