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Home My WebLink About9/23/2003MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA TUESDAY, SEPTEMBER 23, 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 District 3 District 5 District 1 District 4 District 2 James E Chandler, County Administrator William G. Collins II, County Attorney Kimberly Massung, Executive Aide to BCC Jeffrey K. Barton, Clerk to the Board 9:00 a.m. 1. CALL TO ORDER 2. INVOCATION Rev. Fred Foy Strang First Presbyterian Church 3. PLEDGE OF ALLEGIANCE Comm. Thomas S. Lowther 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS ADDITIONS: 9.A.1. Additional Backup 13.B Additional Backup DELETION: Page 313 of 9.A.2. (Duplication of previous page/error corrected.) DEFERRAL • 7.G. Resolutions Concerning Boards and Committees (Revisions) BACKUP PAGES 5. PROCLAMATION and PRESENTATIONS A. Beach Restoration Presentation (memorandum dated September 15, 2003) 6. APPROVAL OF MINUTES A. Regular Meeting of August 19, 2003 1 La 1 7. CONSENT AGENDA A. Received and Placed on File in Office of Clerk to the Board: 1. Report of Convictions, August, 2003 2. IRC Hospital District Meeting Change from September 18, 2003 to September 24, 2003 3. I.R. Mosquito Control District Annual Local Government Financial Report for FY 2001/02 and copy of Financial Statement Audit for FY Ended 09/30/02 B Approval of Warrants (memorandum dated September 11, 2003) C. Annual Contracts for County Officers (memorandum dated September 15, 2003) D. Children's Services Advisory Committee Contract for Agency Funding (memorandum dated September 16, 2003) E Final Payment and Release of Retainage Great Lakes Dredge and Dock Co. Sectors 1 & 2 Beach Restoration (memorandum dated September 15, 2003) F. Bid No. 5034 — 16" Sewage Force Main on Old Dixie High- way from North to Central County Wastewater Treatment Plant — Approval of Change Order No. 1 and Final Payment to Contract (memorandum dated September 10, 2003) G. Revised Resolutions Concerning Boards and Committees (memorandum dated September 15, 2003) H. Resolution Canceling Taxes on Acquired Property (memorandum dated September 15, 2003) I. Request from Tax Collector for Extension of Tax Roll during Adjustment Board Hearings (memorandum dated September 12, 2003) BACKUP PAGES 2-9 10-16 17-26 27-31 32-41 42-80 81-88 89-90 J. Bid Award: IRC #6014 Annual Bid for Janitorial Supplies (memorandum dated September 15, 2003) 91-101 K. IRC Bid #5096 Golden Sands Boardwalk Re -Decking (memorandum dated September 15, 2003) 102-116 nit f'= 2 9 J • BACKUP 7. CONSENT AGENDA (cont'd.): PAGES L IRC Bid #5097 Painting of Concession Stands and Press Boxes at the County Sports Complex (memorandum dated September 15, 2003) 117-127 M. Miscellaneous Budget Amendment 020 (memorandum dated September 17, 2003) 128-130 N. Annual Floodplain Management Progress Report for the Community Rating System (CRS) of the National Flood Insurance Program (NFIP) (memorandum dated September 17, 2003) 131-141 O. IRC Bid #6017 Annual Bid for Reinforced Concrete Pipe (memorandum dated September 15, 2003) 142-158 P Cooperative Facility Lease Agreement for Old Douglas School Cafeteria Building (memorandum dated September 16, 2003) Q. Re-execution of Sovereign Submerged Lands Easement Agreement from the Board of Trustees of the Internal Improvements Trust Fund of the State of Florida (memorandum dated September 16, 2003) R. Indian River County Bid #6012 Annual Bid for Limerock and/or Coquina Rock (memorandum dated September 15, 2003) 159-184 185-195 196-217 S. IRC Bid #6011 Annual Bid for Shell Material (memorandum dated September 15, 2003) 218-230 T IRC Bid #6009 Annual Bid for Road Stabilization Material (memorandum dated September 15, 2003) 231-253 U. IRC Bid #6018 Annual Bid for General Fill Dirt (memorandum dated September 16, 2003) 254-266 V IRC Bid #6010 Annual Bid for Asphalt Paving and Resur- facing (memorandum dated September 15, 2003) 3 i 267-293 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY 181.2 ACRES LOCATED AT THE SOUTHEAST CORNER OF 58th AVENUE AND 57th STREET, FROM A-1, AGRICULTURAL DISTRICT (UP TO 1 UNIT/5 ACRES); TO RS -6, SINGLE- FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE) AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE Bayer Corporation's request to rezone 181.2 acres from A-1 to RS -6 (memorandum dated September 15, 2003) 2. Elson Smith's Request for Abandonment of the Portion of Orange Street Located between County Road 510 and 46th Avenue (Legislative) (memorandum dated September 15, 2003) B. PUBLIC DISCUSSION ITEMS 1. Request from Fred Mensing to discuss proposal to settle suit and gain access to Kirrie Industrial Site (memorandum dated September 17, 2003) C. PUBLIC NOTICE ITEMS 1. Scheduled for Public Hearing October 7, 2003: Kingslake Subdivision Petition Water Service Resolution III (memorandum dated September 15, 2003) 2. Scheduled for Public Hearing October 7, 2003: Michael Baratta's request to rezone 36.6 acres from A-1 to RM -6 (memorandum dated September 15, 2003) 10. COUNTY ADMINISTRATOR'S MATTERS A. MESA Park Auction (memorandum dated September 17, 2003) 4 BACKUP PAGES 294-310 311-328 329 330 331 332-338 10. COUNTY ADMINISTRATOR'S MATTERS (cont'd.): B. Retirees Health Insurance (memorandum dated September 17, 2003) 11. DEPARTMENTAL MATTERS A. Community Development None B. Emergency Services 1. Approval of Renewal of 800 MHz Communications System Infrastructure Maintenance Contract with Communications International, Inc. (memorandum dated September 15, 2003) C. General Services 1. Presentation of Phase I, Programming and Program Validation Report, Architectural Services Contract for Design of the New County Administration Complex (memorandum dated September 17, 2003) 2. Easement Request by BellSouth Telecommunications, Inc. (memorandum dated September 17, 2003) 3. Contracts for Infrastructure for Old Fellsmere School (memorandum dated September 17, 2003) Human Resources None E. Human Services None F. Leisure Services None G. Office of Management and Budget None H. Recreation None 5 • BACKUP PAGES 339-342 343-348 349 350-362 363-372 11. DEPARTMENTAL MATTERS (cont'd.): I. Public Works 1. Approval of Work Order #10 for the East Roseland Stormwater Improvement Project (memorandum dated September 15, 2003) Approval of Professional Service Agreements for Annual Land Survey Services Contract (memorandum dated September 9, 2003) Utilities Services None 12. COUNTY ATTORNEY BACKUP PAGES 373-381 382-449 13. COMMISSIONERS ITEMS A. Commissioner Kenneth R. Macht, Chairman Commissioner Caroline D. Ginn, Vice Chairman 1. Direction to the County Attorney regarding an Ordinance Prohibiting Public Nudity (no backup provided) Commissioner Fran B. Adams Commissioner Thomas S. Lowther Commissioner Arthur R. Neuberger 14. SPECIAL DISTRICTS and BOARDS A. Emergency Services District None B. Solid Waste Disposal District 1. Authorization to Survey the Storni Water Management System of the Landfill Site (memorandum dated September 10, 2003) C. Environmental Control Board None 15. ADJOURNMENT • BACKUP PAGES 450-456 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: http://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 nobn until 5:00 p.m. Meeting broadcast same as above on Comcast Broadband, Channel 27 in Sebastian. • 7 L) J INDEX TO MINUTES BOARD OF COUNTY COMMISSIONERS MEETING OF SEPTEMBER 23, 2003 1 CALL TO ORDER 1 2. INVOCATION 1 3 PLEDGE OF ALLEGIANCE 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 1 5 PROCLAMATIONS AND PRESENTATIONS 2 5.A. Beach Restoration Presentation by Coastal Resources Manager Jonathan C. Gorham, PhD 2 6.A. APPROVAL OF MINUTES - AUGUST 19, 2003 4 7. CONSENT AGENDA 4 7.A. Reports Placed on File in the Office of the Clerk to the Board 4 7.B. Approval of Warrants 4 7.C. Annual Contracts for County Officers - County Administrator and Executive Aide to the Board 5 7.D. Children's Services Advisory Committee - Contracts for Agencies' Funding - Boys & Girls Club of Indian River County (South County Club, Sebastian Club and Youth Volunteer Corps); CEBH at IRMC (Camp Manatee Therapeutic Camp); Children's Home Society (Independent Living); CCCR - Community Child Care Resources (Children in Centers and Psychological Program); Cultural Council of Indian River County (Summer Camp and After -School Arts Program), Exchange Club Castle (Safe Families and Valued Visits); G.R.O.W. (G.R.O.W. Kids - Parent Support); Healthy Start of Indian River County (Healthy Families and TLC); Hibiscus Children's Center (Crisis Nursery) H O P E (H O P E ); Homeless Assistance Center (Assets Build Futures); New Testament Faith Ministries (King's Kids Care Center); Samaritan Center - Catholic Charities (Samaritan Center); St. Peters Human Services (Boys Training & 1 • Development Camp and Village of Excellence Training-Girls); Substance Abuse Council (Right Choice Program and LifeSkills and Dasie Hope Center); CEBH Center for Emotional/Behavioral Health (Mental Health) 6 7 E Beach Restoration Sectors 1 and 2 - Final Payment and Release of Retainage - Great Lakes Dredge and Dock Company 6 7.F. Bid #5034 - 16" Sewage Force Main - Old Dixie Highway (from North to Central County Wastewater Treatment Plant - Change Order No. 1 and Final Payment - Tri-Sure Corporation of Auburndale Florida 7 7.G. Revised Resolutions Concerning Boards and Committees 7 7.H. Resolution No. 2003-118 - Cancelling Taxes on Acquired Property (Gen Development, Inc. - Right-of-Way at 5th Street SW and 20th Avenue) 8 7.I. Request from Tax Collector for Extension of Tax Roll During Value Adjustment 8 7.J. Bid #6014 - Annual Bid for Janitorial Supplies - Janitorial Depot of America, Inc., Melbourne, Florida 8 7.K. Bid #5096 - Golden Sands Boardwalk Re-Decking - SLM Services, Inc. 9 7 L Bid 45097 - County Sports Complex - Painting of Concession Stands and Press Boxes -Mark's Painting, Inc 10 7.M. Resolution Na 2003-119 - Miscellaneous Budget Amendment 020 10 7.N. Annual Floodplain Management Progress Report - Community Rating System (CRS) of the National Flood Insurance Program (NFIP) - IRC UI\IFIED LOCAL MITIGATION STRATEGY 10 7.0. Bid 46017 - Annual Bid for Reinforced Concrete Pipe - Central Florida Industrial Supply Company 11 7.P. Resolution No. 2003-120 - Old Douglass School Cafeteria Building - Cooperative Facility Use Lease Agreement with West Wabasso Progressive Civic Club, Inc. and Dasie Bridgewater Hope Center, Inc. - Lease Amendment - Economic Opportunities Council of Indian River County, Inc. 12 7.Q. CR 512 Roadway Improvements, Project No. 9611 - Re-Execution of Sovereign Submerged Lands Easement Originally Executed August 6, 2002 - Board of Trustees of the Internal Improvement Trust Fund of the State of Florida - No. 40008, BOT File No. 310225313, PA No. 4-061- 56415-1 - Bridge Improvements Over Sebastian River South Prong 13 7.R. Bid #6012 - Annual Bid for Limerock and/or Coquina Rock - Dickerson Florida, Inc. - Blackhawk Quarry Company of Florida, Inc. 13 7.S. Bid #6011 - Annual Bid for Shell Material - Dickerson Florida, Inc. 14 7.T. Bid #6009 - Annual Bid for Road Stabilization Material - Dickerson Florida, Inc and Blackhawk Quarry Company of Florida, Inc. 15 2 7.U. Bid 116018 - Annual Bid for General Fill Dirt - Henry Fischer & Sons, Inc. 16 TV. Bid #6010 - Annual Bid for Asphalt Paving and Resurfacing - Community Asphalt Corporation - Dickerson Florida, Inc. 17 9.A.1. PUBLIC HEARING - ORDINANCE NO. 2003-033 - REZONING OF 181.2 ACRES FROM A-1 TO RS -6 - SOUTHEAST CORNER OF 58TH AVENUE AND 57TH STREET - REQUESTED BY BAYER CORPORATION - NEWPORT PROPERTIES (Quasi -Judicial) 18 9.A.2. PUBLIC HEARING - RESOLUTION NO. 2003-121 - ABANDONMENT OF THE PORTION OF ORANGE STREET LOCATED BETWEEN CR 510 AND 46TH AVENUE REQUESTED BY ELSON SMITH (Legislative) 29 9 B 1 PUBLIC DISCUSSION ITEM - REQUEST FROM FRED MENSING TO DISCUSS PROPOSAL TO SETTLE SUIT AND GAIN ACCESS TO KIRRIE INDUSTRIAL SITE 33 9.C. PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED FOR OCTOBER 7, 2003 33 1. Kingslake Subdivision Petition Water Service Resolution III 33 2. Michael Baratta's Request to Rezone 36.6 Acres from A-1 to RM -6 33 10.A. MESA PARK AUCTION - AUTHORIZATION TO BID ON EQUIPMENT AND STRUCTURES 34 10 B RETIREES HEALTH INSURANCE 34 11 B 1 RENEWAL OF 800 MHz COMMUNICATIONS SYSTEM INFRASTRUCTURE MAINTENANCE CONTRACT WITH COMMLNICATIONS INTERNATIONAL, INC. 38 11.C.1. NEW COUNTY ADMINISTRATION COMPLEX - DONADIO & ASSOCIATES, ARCHITECTS, P.A./SONG & ASSOCIATES, INC. - PRESENTATION OF PHASE I, PROGRAMMING AND PROGRAM VALIDATION REPORT, ARCHITECTURAL SERVICES CONTRACT FOR DESIGN 38 3 I1 rla • 11.C.2. EASEMENT -BELLSOUTH TELECOMMUNICATIONS, INC. - LOT 9, BLOCK 3, VALENCIA PARK SUBDIVISION - NORTHEAST CORNER OF 43RD AVENUE AND 14TH PLACE - SOLICITATION OF BIDS AUTHORIZED 44 11.C.3. OLD FELLSMERE SCHOOL - INFRASTRUCTURE CONTRACTS - STANDARD BID REQUIREMENTS WAIVED - BIP DiPIETRO ELECTRIC INC. - BOBBY'S PLUMBING, INC. - CARE -FULL AIR CONDITIONING, INC. 45 11.I.1. EAST ROSELAND STORMWATER IMPROVEMENT PROJECT - WORK ORDER #10 - CARTER ASSOCIATES, INC. 46 11.I.2. PROFESSIONAL SURVEYING SERVICES AGREEMENTS FOR ANNUAL SURVEYING AND MAPPING SERVICES - BURDETTE & ASSOCIATES, INC , CARTER ASSOCIATES, INC., CREECH ENGINEERING, INC. KIMLEY-HORN & ASSOCIATES, INC., MASTELLER, MOLER & REED, INC., AND MORGAN EKLUND, INC. (2003-2004 - IRC PROJECT NO. 3090 46 13 B VICE CHAIRMAN GINN - DIRECTIONS TO COUNTY ATTORNEY REGARDING AN ORDINANCE PROHIBITING PUBLIC NUDITY 47 14.A. EMERGENCY SERVICES DISTRICT 48 14.B. SOLID WASTE DISPOSAL DISTRICT 49 14.0 ENVIRONMENTAL CONTROL BOARD 49 4 Awls September 23, 2003 The Board of County Commissioners ofIndian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, September 23, 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. 2. INVOCATION Rev. Fred Foy Strang, First Presbyterian Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Lowther led the Pledge to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Macht announced that Item 7.G. was deferred (to be brought back in September 23, 2003 1 rfl iS:ii • October), backup for Item 13.B.1. was distributed, and additional backup for 9.A.1. was provided. Also, it was announced that page 313 of the backup was to be eliminated (duplicate page/error). ON MOTION by Commissioner Lowther, SECONDED BY Vice Chairman Ginn, the Board unanimously made the above changes to the agenda. 5. PROCLAMATIONS AND PRESENTATIONS 5.A. Beach Restoration Presentation by Coastal Resources Manager Jonathan C. Gorham, PhD Coastal Resources Manager Jonathan C. Gorham PhD gave a presentation that he and Michael R. Barnett, P E had given to the Florida Shore and Beach Preservation Association. He talked about the challenges faced in Indian River County's first large scale beach restoration at Sectors 1 & 2 and noted three other restoration projects have been identified in our Beach Preservation Plan (Wabasso, known as Sector 3; downtown Vero Beach, Sector 5; and 7,000 feet in south county or Sector 7). He advised that Sectors 1 and 2 (13,281 feet of shoreline) were jointly funded with the Florida Department ofEnvironmental Protection. He described the unique design challenges which included some near shore reefs and a search for sand sources to give the desired result. He pointed out this sector is located within the Archie Carr National Wildlife Refuge. Other challenges to consider were turtle nesting, turtle foraging habitat, and the endangered southeastern beach mouse. A dune was constructed which helped them succeed in all their environmental preservation efforts. He described the sand sources considered; sandfrom the south borrow site, a distance of September 23, 2003 2 • • 17 nautical miles, was the most desirable. He described how the sand was vacuumed from the ocean bottom, transported by Great Lakes Dredge & Dock Company, Inc., and spread upon the beach. He showed before and after photos of the newly -constructed beach and the dune plantings of already well-established sea oaks. He reported there are over 800 sea turtle nests on the new beach. They will continue to monitor the sea turtle nests and habitats. The shoreline will be surveyed for the next 5 years to determine the performance of the new beach. A 5.2 acre artificial reef (of quarried limestone) will be bid in October 2003 and constructed offshore in 2004 for mitigation purposes. He summarized the following project highlights: successful restoration of 2.6 miles of critically -eroding shoreline through implementation of the County's first beach restoration project; payment for a volume of 536,505 cubic yards of sand; installation of 141,000 dune plants installed with no irrigation; and no marine turtle nests requiring relocation. In closing, he acknowledged the many contributors to this project. In response to an inquiry, Dr. Gorham advised that the new beach did very well in its first major stonii test (high surf and waves from Hurricane Isabel). He measured the beach before and after and those measurements were within a couple of feet of each other. He noted there were no escarpments and there was no significant erosion. He believed we have a beach we can be very proud of (CLERK'S NOTE A copy of Dr. Gorham's visual presentation has been filed with the backup of this meeting.) The Commissioners congratulated Dr. Gorham on a job well done. Ralph Sexton, 8005 37th Street, Chairman of the Beach and Shore Preservation Committee, stressed how lucky we are to have Jonathan who did a wonderful job restoring this beach. He said "at raise time, don't forget him". September 23, 2003 3 -4R I 3 6.A. APPROVAL OF MINUTES - AUGUST 19, 2003 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of August 19, 2003. There were none. ON MOTION by Commissioner Neuberger, SECONDED by Vice Chairman Ginn, the Board unanimously approved the minutes of August 19, 2003, as written and distributed. 7. CONSENT AGENDA 7.A. Reports Placed on File in the Office of the Clerk to the Board Report of Convictions, August 2003; Indian River County Hospital District Meeting Change from September 18, 2003 to September 24, 2003 at 6:30 pm; Indian River Mosquito Control District Annual Local Government Financial Report for FY 2001-02 and copy of Financial Statement Audit for FY Ended 09/30/02. 7. B. Approval of Warrants ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the list of warrants issued by the Clerk for the period September 5-11, 2003, as requested September 23, 2003 4 • • 7.C. Annual Contracts for County Officers - County Administrator and Executive Aide to the Board ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously approved contracts as negotiated with Administrator James E Chandler and Executive Aide Kimberly Massung as presented in the backup. AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.D. Children's Services Advisory Committee - Contracts for Agencies' Funding - Boys & Girls Club of Indian River County (South County Club, Sebastian Club and Youth Volunteer Corps); CEBH at IRMC (Camp Manatee Therapeutic Camp); Children's Home Society (Independent Living); CCCR - Community Child Care Resources (Children in Centers and Psychological Program); Cultural Council of Indian River County (Summer Camp and After - School Arts Program); Exchange Club Castle (Safe Families and Valued Visits); G.R.O. W. (G.R.O. W. Kids - Parent Support); Healthy Start of Indian River County (Healthy Families and TLC); Hibiscus Children's Center (Crisis Nursery); H.O.P.E. (H.O.P.E.); Homeless September 23, 2003 5 E'' Assistance Center (Assets Build Futures); New Testament Faith Ministries (King's Kids Care Center); Samaritan Center - Catholic Charities (Samaritan Center); St. Peters Human Services (Boys Training & Development Camp and Village of Excellence Training - Girls); Substance Abuse Council (Right Choice Program and LifeSkills and Dasie Hope Center); CEBH Center for Emotional/Behavioral Health (Mental Health) ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the proposed Children's Services Advisory Committee contract form for funding each of the agencies listed on the Funding Information Sheet for FY 2003-04 and authorized the Chairman to execute each contract after those agencies have executed same, as requested in the memorandum. AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.E. Beach Restoration Sectors 1 and 2 - Final Payment and Release of Retainage - Great Lakes Dredge and Dock Company ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the application for final payment and release of the retainage in the amount of $545,268 to the Great Lakes Dock and Dredge September 23, 2003 6 • . Company from the Beach Preservation Fund, as recommended in the memorandum. (NOTE• Costs associated with this payment are eligible for cost-sharing at a 75% State/25% Local level with the Florida Department of Environmental Protection under Grant Agreement 98IR1.) 7.F. Bid #5034 -16" Sewage Force Main - Old Dixie Highway (from North to Central County Wastewater Treatment Plant- Change Order No. 1 and Final Payment - Tri -Sure Corporation of Auburndale, Florida ON MOTION by Commissioner Neuberger, SECO\DED BY Vice Chairman Ginn, the Board unanimously approved Change Order No. 1 and Pay Request No. 4 and final payment to Tri - Sure Corporation in the amount of $146,327.73, as recommended in the memorandum. CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.G. Revised Resolutions Concerning Boards and Committees DEFERRED September 23, 2003 7 • 1: 7.H. Resolution No. 2003-118 - Cancelling Taxes on Acquired Property (Gen Development, Inc. - Right -of -Way at 5th Street SW and 20th Avenue) ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously adopted Resolution No. 2003-118 cancelling certain taxes upon publicly owned lands, pursuant to section 196.28, Florida Statutes. (Gen Development, Inc. Right -of -Way at 5th Street SW and 20th Avenue) 7.I. Request from Tax Collector for Extension of Tax Roll During Value Adjustment Board Hearings ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously ordered the tax roll to be extended prior to the completion of the Value Adjustment Board hearings, as requested and recommended in the memorandum. 7.J. Bid #6014 - Annual Bid for Janitorial Supplies - Janitorial Depot of America, Inc., Melbourne, Florida September 23, 2003 8 • • ON MOTION by Commissioner Neuberger, SFCONDFD BY Vice Chairman Ginn, the Board unanimously awarded Bid #6014 to Janitorial Depot of America, Inc., Melbourne, FL, as the overall lowest most responsive and responsible bidder meeting specifications as set out in the Invitation to Bid; established an open-end contract for the period October 1, 2003 through September 30, 2004, with the same vendor; and authorized the Purchasing Manager to renew this contract for two (2) additional one (1) year periods subject to satisfactory perfoimance, zero cost increase, vendor acceptance and the determination that renewal of this annual contract is in the best interest ofthe County, all as recommended in the memorandum. CONTRACT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 7.K. Bid #5096 - Golden Sands Boardwalk Re -Decking - SLM Services, Inc. ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously awarded Bid #5096 to SLM Services, Inc. as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid, as recommended in the memorandum. September 23, 2003 9 ' 7.L. Bid #5097 - County Sports Complex - Painting of Concession Stands and Press Boxes -Mark's Painting, Inc. ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously awarded Bid #5097 to Mark's Painting, Inc., in the amount of $4,200.00, as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid, as recommended in the memorandum. 7.M. Resolution No. 2003-119 - Miscellaneous Budget Amendment 020 ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously adopted Resolution No. 2003-119 amending the Fiscal Year 2002-2003 budget. 7.N. Annual Floodplain Management Progress Report - Community Rating System (CRS) of the National Flood Insurance Program (NFIP) - IRC UNIFIED LOCAL MITIGATION STRATEGY ON MOTION by Commissioner Neuberger, SECONDED BY September 23, 2003 10 • • Vice Chairman Ginn, the Board unanimously accepted the CRS floodplain management annual progress report for the IRCLMS adopted November 1999 by Resolution No. 99-125, as recommended in the memorandum. 7.0. Bid #6017 - Annual Bid for Reinforced Concrete Pipe - Central Florida Industrial Supply Company ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously awarded Bid #6017 to Central Florida Industrial Supply Company as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid; established an open-end contract for the period of October 1, 2003 through September 30, 2004, with the same vendor; and authorized the Purchasing Manager to renew this contract for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, vendor acceptance and the determination that renewal of this annual contract is in the best interest of the County, all as recommended in the memorandum. September 23, 2003 CONTRACT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 11 7.P. Resolution No. 2003-120 - Old Douglass School Cafeteria Building - Cooperative Facility Use Lease Agreement with West Wabasso Progressive Civic Club, Inc. and Dasie Bridgewater Hope Center, Inc. - Lease Amendment - Economic Opportunities Council of Indian River County, Inc. ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously adopted Resolution No. 2003-120 approving a Cooperative Facility Lease Agreement with the West Wabasso Progressive Civic Club, Inc. and the Dasie Bridgewater Hope Center, Inc., a program of the Substance Abuse Council of Indian River County, Inc. for the use of the Old Douglass School Cafeteria Building at the Old Douglass Elementary School Site; and approved the Lease Amendment with the Economic Opportunities Council of Indian River County, Inc., as recommended in the memorandum. COOPERATIVE FACILITY LEASE AND LEASE AMENDMENT ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD September 23, 2003 12 • • 7. Q. CR 512 Roadway Improvements, Project No. 9611 - Re - Execution of Sovereign Submerged Lands Easement Originally Executed August 6 2002 - Board of Trustees of the Internal Improvement Trust Fund of the State of Florida - No. 40008, BOT File No. 310225313, PA No. 4-061-56415-1 - Bridge Improvements Over Sebastian River South Prong ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously authorized the Chairman to execute the Sovereign Submerged Lands Easement Agreement, as recommended in the memorandum. EASEMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS AND THE ORIGINAL IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.R. Bid #6012 - Annual Bid for Limerock and/or Coquina Rock Dickerson Florida, Inc. - Blackhawk Quarry Company of Florida,. Inc. ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously awarded items #1 through 4 to Dickerson Florida, Inc. as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid; awarded Item #5 to multiple vendors: September 23, 2003 13 p' Invitation to Bid; awarded Item #5 to multiple vendors: Dickerson Florida, Inc. and Blackhawk Quarry Company of Florida, Inc. as the bidders meeting the specifications as set out in the Invitation to Bid; authorized establishment of an open- end contract for the period of October 1, 2003 through September 30, 2004 with the same vendors; and authorized the Purchasing Manager to renew these contracts for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, vendor acceptance and the determination that renewal of these annual contracts are in the best interest of the County, as recommended in the memorandum. (NOTE• Last year's expenditures totaled $95,000.00 for Zones A,B,C, and County pick-up, Zone D was added to this year's bid. The projected expenditures for 2004 are $95,000.00. When you compare the prices for Zones A -C and County pick-up, the new year prices reflect a 22% increase from the 2001 prices of Bid #4015 for limerock and coquina rock.) CONTRACTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 7.S. Bid #6011 Annual Bid for Shell Material - Dickerson Florida, Inc. September 23, 2003 14 ON MOTION by Commissioner Neuberger, SECOINDED BY Vice Chairman Ginn, the Board unanimously awarded Items ft 1-5 on Bid #6011 to Dickerson Florida, Inc., as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid; authorized establishment of an open- end contract for the period of October 1, 2003 through September 30, 2004 with the same vendor; and authorized the Purchasing Manager to renew this contract for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, vendor acceptance and the determination that renewal of this annual contract is in the best interest of the County, all as recommended in the memorandum. (NOTE Last year's expenditures were zero. The project expenditures for 2004 are $5,000.00. The new year bid prices reflect a 7.7% increase above the 2001 bid prices.) CONTRACT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 7. T. Bid #6009 - Annual Bid for Road Stabilization Material Dickerson Florida, Inc. and Blackhawk Quarry Company of Florida, Inc. ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously awarded Bid September 23, 2003 15 rse L 't #6009 to the lowest and most responsive bidders meeting the specifications as set forth in the Invitation to Bid as follows: Items #1-5 and #9 to Blackhawk Quarry Company of Florida; Items #7 to Dickerson Florida, Inc.; and Items #6, 8, and 10 to Dickerson and Blackhawk and authorized establishment of an open-end contract for the period of October 1, 2003 through September 30, 2004 with the recommended vendors; and authorized the Purchasing Manager to renew these contracts for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, vendor acceptance and the determination that renewal of this annual contract is in the best interest of the County. (NOTE& Last year's expenditures totaled $90,000.00. The new year prices reflect a 25% increase from the 2001 prices of Bid #4022 for Road Stabilization Material. The projected expenditures for 2004 are $90,000 for road stabilization base and $5,000 for marl, all as recommended in the memorandum. CONTRACTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 7. U. Bid #6018 - Annual Bid for General Fill Dirt - Henry Fischer & Sons, Inc. ON MOTION by Commissioner Neuberger, SECONDED BY September 23, 2003 16 • • Vice Chairman Ginn, the Board unanimously awarded Bid #6018 to Henry Fischer & Sons, Inc., as the sole bidder meeting the specifications as set forth in the Invitation to Bid; authorized establishment of an open-end contract for the period October 1, 2003 through September 30, 2004, with the same vendor; and authorized the Purchasing Manager to renew this contract for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, vendor acceptance and the determination that renewal of this annual contract is in the best interest of the County, all as recommended in the memorandum. (NOTE Last year's expenditures totaled $700.00. The projected expenditures for 2004 are $5,000.00.) 7. V. Bid #6010 - Annual Bid for Asphalt Paving and Resurfacing Community Asphalt Corporation - Dickerson Florida. Inc. ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously awarded Bid #6010 to the lowest and most responsive bidders meeting the specifications as set forth in the Invitation to Bid as follows: Items #1-12 to Community Asphalt Corporation and Item #13 to multiple vendors: Community Asphalt and Dickerson Florida, Inc.; and authorized establishment of open-end contracts for the period of October 1, 2003 through September September 23, 2003 17 30, 2004 with the recommended vendors; and authorized the Purchasing Manager to renew these contracts for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, vendor acceptance and the determination that renewal of these annual contracts is in the best interest of the County, all as recommended in the memorandum. (NOTE Last year's expenditures totaled $447,366. The projected expenditures for 2004 are $650,000. Cost comparison is not available due to the complete revisions of the material specifications and pricing structure.) CONTRACTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 9.A.1. PUBLIC HEARING - ORDINANCE NO. 2003-033 - REZONING OF 181.2 ACRES FROM A-1 TO RS -6 - SOUTHEAST CORDER OF 58TH AVENUE AND 57TH STREET - REQUESTED BY BAYER CORPORATION - NEWPORT PROPERTIES (Quasi -Judicial) PROOF OF PUBLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Robert Keating presented a comprehensive review of the memorandum utilizing PowerPoint and graphics to enhance his presentation. This property was formerly a citrus grove and a research facility. He advised of the surrounding property uses and zoning and this rezoning would fit in with current development in the area. Staff has determined that the requested zoning district is compatible with the September 23, 2003 18 • • surrounding areas, is consistent with the Comprehensive Plan, meets all concurrency criteria, will have no negative impacts on environmental quality, and meets all applicable rezoning criteria. The subject property is located in an area deemed suitable for low-density single- family uses. He noted that the Planning and Zoning Commission voted 4-3 to recommend approval of the request. Staff recommends adoption of the ordinance. (Copy of PowerPoint presentation is on file with the backup in the office of the Clerk to the Board.) Chairman Macht inquired as to the rationale used in assigning RS -6 next to neighboring Bent Pine's zoning of RM -4. Director Keating explained that Bent Pine was developed under the old zoning and before the Comprehensive Plan came about; if developed under current regulations Bent Pine would have to be a planned development (PD) Commissioner Neuberger inquired as to the capacity of 58th Avenue and whether or not there is a plan to widen 58th Avenue to the north of SR60 as has been done to the south. Director Keating recounted that when the MPO did its long-range Transportation Plan three years ago, Kings Highway was not programmed for expansion. The north -south plan at that time was to 4 -lane 66th Avenue between SR60 and CR510. The MPO is now looking at Kings Highway because the programmed development will increase the volume of traffic. Presently, the concurrency analysis shows there are no problems but the big project (approximately 1,700 units on 700 acres) to the south of the Bayer property could significantly change things. That application will probably be submitted in the next few weeks and the project will be a development of regional impact (DRI) Vice Chairman Ginn noted the intersection at 58th Avenue and SR 60 will be adversely impacted by this development, and Director Keating responded that it is now failing. He added that there have been developer contributions and commitments for developer contributions to improve that intersection, although there is no time frame for September 23, 2003 19 those improvements. Vice Chairman Ginn was not in favor of creating more traffic there. Chairman Macht was surprised to learn there is no time line for improvements at that intersection. Director Keating explained why not and when concern for liability was expressed, County Attorney Collins explained there is usually no liability because there is a distinction between planning functions and operational functions. Vice Chairman Ginn was opposed to conditional concurrency and suggested it is time to review our Comprehensive Plan because the increase in densities is causing us to have a change in the quality of life in Indian River County. 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. Bruce Barkett, Attorney at 756 Beachland Boulevard, appeared on behalf of the applicant. He introduced other members also present for the applicant. He explained that the County has sovereign immunity and absolutely no liability for planning level functions. He reminded the Board they had recently approved a project with the same deficiency and conditioned it on improvement of the intersection. At this stage his client is only asking for rezoning. He stressed that concurrency will apply when the project is developed. The fix for the intersection is in the works. Chairman Macht asked for clarification as to when the improvements to the intersection would begin, and Director Keating explained state law and other requirements allow 2 years from the first certificate of occupancy. Chairman Macht was concerned that while it may not be a legal obligation to require the traffic fix before build -out of the development, he felt a moral obligation and could not September 23, 2003 20 • • approve this rezoning request due to the gulf between completion of a project which would severely impact the traffic and the resolution of the problem. Commissioner Adams thought the Board has approved previous similar projects and is within the boundaries of the law. She was hearing a broader issue of concern for growth in Indian River County. She agreed that Comp Plan changes need to be instituted. We were comfortable with our Comp Plan until people started operating under it, but now we see the results and we are panicked. She felt it imperative to get something to show us how the County will look when build -out is completed and this needs to be put on the front burner. Director Keating reported he is now in the process of getting fiscal impact model from the state which will allow staff to determine fiscal impacts and look at graphics. Chairman Macht suggested they go back to the public hearing. Commissioner Lowther noted that the Planning & Zoning Commission had the same problem on this application. We are struggling with our own Plan but this is permissible according to Policies 1.11 and 1.12. Commissioner Neuberger asked if the Board could make the Land Use Plan more restrictive than it is now. Director Keating recounted that the Plan was adopted in 1990. In 1996 and 1997 an Evaluation and Appraisal Report (EAR) was done and changes were made in 1998 and 1999. We have to start another EAR in 2 years, and finish it in 3 years. He warned that any changes to the Plan which reduce densities or take away people's rights may come under the Bert Harris Act. County Attorney Collins explained that since 1995 more caution has to be exerted with respect to changing land development regulations. It has definitely become more difficult to make changes since that law went into effect. The point the Legislature was September 23, 2003 21 trying to make under "Bert Harris" was that if you adopt regulations to lower property values, you have to compensate the property owner. Vice Chairman Ginn noted that Collier County has adopted an Ag stewardship program. Mr. Barkett addressed several questions to Director Keating regarding the goals and development of the Comp Plan. Director Keating responded. Mr Barkett summarized his understanding of the Comp Plan which permits approval of this zoning application. He then introduced Mr. Couzzo. Don Couzzo, president of Houston Couzzo Group, a land planning and landscape architecture firm, advised he has 24 years of experience, recently served on the Treasure Coast Regional Planning Council, and now serves on the Board of Adjustment. On behalf of the applicant he supported the rezoning of this property because it will be single-family next to single-family; he thought it would be good for the neighborhood and compatible with Bent Pine and would not diminish any surrounding property values. He discussed compatibility, presented photographic slides of the site, and spoke of the developments on the surrounding sites. Joseph Schulke, Schulke, Biddle & Stoddard, Vero Beach, the project engineer, spoke on density issues and pointed out that density will be limited in a subdivision development; much of this site will be used for the County's requirements. He displayed a spread sheet showing recent developments zoned RS -6 and focused on their actual low densities. He specified that the density of this project likely will be 3.5 units per acre or less. Commissioner Neuberger inquired about traffic impacts and Mr. Schulke advised that Mr. Atz would address that aspect. Chairman Macht pointed out that a developer is not bound to build what is discussed at this rezoning hearing. September 23, 2003 22 fl !, • • John Atz of Kimley Horn, 601 21' Street, noted that several traffic issues had been raised and he would try to address them. He understood the Board's difficulty in dealing with the intricacies of the Code. He pointed out that the Code requires that two traffic studies be done, one for the maximum development that could occur (6 families per acre) and then for the development that is proposed. He explained that under the first study, the development would be of significant impact at SR60 and 58th Avenue Later they will do another specific study to the actual build -out size At approximately half (using the projection of 3.5 units per acres), the impact on the same intersection is no longer significant according to the County's Code. He suggested they keep in mind that the intersection would not get better if they do not approve this request for rezoning because the intersection will stay "broken" until the County gets enough money from developers to pay for its improvement. Commissioner Neuberger wanted information about the intersection's present capacity and specifically how many cars go through the intersection southbound. County Traffic Engineer Christopher Mora PE recalled that the SR60-58th Avenue intersection currently fails at a level of service (LOS) of "F". That means that it fails capacity during PM peak hours/peak season. Most of the other hours of the day and year, it operates within capacity. Mr. Atz stated that 715 vehicles are southbound on Kings Highway at the peak hour. Mr. Mora advised that roughly 7,000 vehicles per day would be southbound on Kings Highway at the intersection. Lynn Silkworth, 5895 Glen Eagle Drive, president of the Bent Pine Community Association, reported that Newport Properties has approached the BPCA and shown good faith and concern. They have offered to limit development to 3.5 homes per acre or a net of 630 homes on a minimum of 7,000 square foot lots. He believed they are sincere but the September 23, 2003 23 BPCA wants some guarantee. Because everyone is aware that an initial developer might not be the final developer, he asked for cooperation from the Commissioners to structure their approval in such a way to ensure that guarantee. Gene Winne, 2096 Windward Way, a member of the Planning & Zoning Commission and speaking on behalf of the Civic Association, supported the last speaker's comments. He urged that the Board make the proffered development limits a binding condition on the current developer. He stated that County Attorney Collins told the P & Z that the Board could approve something "less than" 6 units per acre. He thought it important. Donna Keys, 734 S. Fleming Street, Sebastian, a member of the P & Z, advised that when you read the P & Z minutes, you do not hear the discussion or the arguments of the P & Z members about this development. She supposed that Mr Barkett is probably one of the best real estate attorneys she has seen before the P & Z and he comes before them more frequently because of that reason. His job is to get what his client wants and he is very good at that. She pointed out that RS -6 is consistent with the Comp Plan, but so is RS -3 and she asked the Board to approve RS -3. She asked that they look at the common sense of this; if the Board gives RS -6 they cannot discriminate against future requests by giving less density in the future in this same area. She had concern that this developer may not be the one to develop this property. George Gross, 1230 39th Avenue, also a member of P & Z, opined that the rules are written and the applicant has complied with those rules. He pointed out that the purpose of the urban service area is to concentrate development within the USA. If we don't permit what is on the books, then we will bear the liability for urban sprawl. The same units prevented will go somewhere else. His reason for voting in favor of this application was because it met the rules. September 23, 2003 24 • • Dr. Richard Baker, 522 N. Blue Island Lane, Sebastian, advised that the Audubon Society is for controlled growth and specified this is a great opportunity for the Board to keep this idea going. He believed if this was a PD, it would probably come in at 3 units per acre. He read an article by Kevin Doty which stated an opinion that Florida is going broke because the cost of services and demand for infrastructure are not paying for themselves. Dr. Baker thought approval of RS -6 will set a precedent and urged the Board to rezone the property RS -3. He speculated on the challenges engineers will face in widening 58th Avenue. Commissioner Adams asked what the actual build -out would be if the Board were to rezone the property RS -3, and Director Keating responded that it would depend on the design a standard subdivision would yield about 2.5 or 2.4 units per acre and if they wanted a PD, the developer would have to come back to the Board for a public hearing. Commissioner Adams also asked if there were a way to put a caveat that this rezoning is only for this property owner, and County Attorney Collins responded that zoning runs with the land; the property owner is irrelevant. In response to further questioning by Commissioner Adams, Director Keating explained that 3.5 units per acre is probably close to the upper limit the property will yield. Fred Mensing, 7580 129th Street, Sebastian, could not help to solve the Board's dilemma today. He mentioned that in the state of Delaware, the state is buying up Ag rights. He suggested that, instead of buying up conservation land, the County ought to start looking at buying some of the tracts to keep as agriculture and control density. Mr. Barkett thought this has been caught up in a larger debate than the application involves. He commented that when people come to this County, work with staff within the Plan, and receive staff's support, that the Commissioners should support those applications. September 23, 2003 25 He specified that this application is within the Comp Plan and it disturbed him that the Board seemed to be abandoning the Comp Plan and their staff because of a deficient intersection. He stated that he had elicited commitments from many of them that if he works within the Plan, he had done his part. In conclusion, he asked for their support for a myriad of reasons. Chairman Macht was not irritated at Mr. Barkett's applicant; he seemed to be very forthcoming and considerate of his neighbor. He commented that our worst traffic situation is trivial compared to those in metropolitan areas. He was irritated that the Commission allowed itself to get behind the 8 -ball when it should have revised the Comp Plan long ago. His concern was that another developer might not be so considerate. Mark Kerslake, 1601 Dove Street, Newport Beach, CA, stated he is a principal with the applicant. He felt they had a good meeting with Bent Pine. The intersection is deficient today and he cannot do anything about it unless they have a project. When he spoke with Chris Mora, his preliminary cost (impact fee) would be about $250,000 for this project. One way to get the intersection fixed is to approve his project in order to collect their fair -share payment. They are ready, willing, and able to contribute toward a SR 60 -58th Avenue intersection improvement. He pointed out that the property is within the urban service area and asked the Board to honor that. At the recent meeting with the Bent Pine homeowners, he offered to record a deed restriction of not more than 3.5 units per acre and will do that. He has tried to be sensitive and to work with neighbors and asked for approval of the application. Renee Renzi, 340A E. Waverly Place, Vero Beach, referring back to Mr. Barkett's remark about eliciting commitments, thought she heard a violation of the Sunshine Law. Several Commissioners stated that Mr. Barkett had not met with them individually. Mr. Barkett clarified his remarks and Commissioner Adams specified that he had not September 23, 2003 26 } r k. .f %j • • spoken with them about this application but about growth issues in general. Mr. Kerslake advised several of Bent Pine residents offered their support and he presented 8 letters indicating that support. (Placed on file with the backup in the Office of the Clerk to the Board.) Gordon Mann, a resident of Bent Pine for 15 years, current President of the Condominium Association, supported the application. He stated that the general consensus is that this is the best looking application and the best property around us. It should enhance the Bent Pine area because they are talking about a gated -community; they have a lot of appeal; and he thought they were quite sincere. The covenant (deed restriction) Mr. Kerslake offered was the "closer" because it assured them that development of the property would be bound by it and limited to 3.5 units per acre. He wanted the applicant to have the opportunity to build a community there. It was determined that no one else wished to be heard and the Chairman closed the public hearing. MOTION WAS MADE by Commissioner Lowther, SECONDED by Commissioner Adams, to approve staff's recommendations. Under discussion, both Commissioner Lowther and Commissioner Adams supported the motion because this complies with what is in the Comp Plan. Commissioner Lowther believed Mr. Gross' comments were right on target. Commissioner Adams thought the Commissioners are now having "cold feet" but she felt the Comp Plan dust needs to be tweaked. The applicant's promise to develop only 3.5 units/per acre was a good thing. She would love to see it as a PD. September 23, 2003 27 Chairman Macht thought it would come in as a PD Vice Chairman Ginn could not support this based on LOS at 58' Avenue and SR 60. She did not believe in "conditional currency" as it will impact traffic too greatly. She could agree with rezoning it RS -3 but not RS -6. Commissioner Neuberger thought agreement with Bent Pine satisfied the density issue. The traffic intensity at 58th Avenue - SR 60 already exists and is not their fault and not a reason to deny the request. If blame were to be leveled, it would be for the traffic coming from south county. Commissioner Lowther called the question. Vice Chairman Ginn argued that we already have a deficient intersection with a LOS of 7 and she could not see adding to it. Now we will have other properties saying "me, too". THE CHAIRMAN CALLED THE QUESTION and the motion carried 3-2 (Vice Chairman Ginn & Chairman Macht opposed). (Ordinance No. 2003-033 adopted amending the Zoning Ordinance and the accompanying Zoning Map for approximately 181.2 acres located at the southeast corner of 58' Avenue and 57" Street, from A-1, Agricultural District (up to 1 unit/5 acres) to RS -6, Single -Family Residential District (up to 6 units/acre); and providing codification, severability, and effective date. (CLERK'S NOTE* At this time, Chairman Macht asked Community Development Director Robert Keating if the next item would take long and Director Keating replied it would not. September 23, 2003 28 • • Then Chairman Macht asked the Commissioners' approval of taking agenda Item 11.C.1. after 9.A.2. because one of the Commissioners had to be out of the meeting by noon. There was unanimous agreement to making the requested change.) 9.A.2. PUBLIC HEARING - RESOLUTION NO. 2003-121 - ABANDONMENT OF THE PORTION OF ORANGE STREET LOCATED BETWEEN CR 510 AND 46TH AVENUE REQUESTED BY ELSON SMITH (Legislative) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling reviewed the memorandum using aerial photographs and other graphics to aid in the location of the road in question. He specified this is actually a "paper street" through unimproved property and is not on any maps. He pointed out that this "paper street" was established only on the Weona Park plat and thus if it is abandoned it would only go to the property to the north and not to the property to the south. He noted that surrounding property owners were notified and there had been contact with correspondence in the backup that the property owner to the south wished for this to be split in half. Staff's recommendation was to approve the request and abandon it. Director Boling clarified State law for Commissioner Neuberger. He explained how other abandonments in the area were handled. Staff concluded that the logic used in those abandonments had no bearing on this request for abandonment as to any precedent having been set. This one should be handled according to State law. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. September 23, 2003 29 Bill North, 3012 Nassau Drive, Vero Beach. owns the property on the north of this "street" and he has not been able to come to the same conclusion as staff. He read from prepared notes which argued at length against the County's position. He had notified staff that he would oppose the abandonment unless the property is split, half to the south and half to the north. It did not seem logical and did not seem fair that the property should go to Weona Park. He asked that if the Board decides to abandon Orange Street that it be split because precedent was already set. Commissioner Adams inquired if an easement would be retained by the County, and Community Development Director Robert Keating responded in the affirmative. Commissioner Neuberger's experience has been that abandonments are split between the two abutting property owners. If the Board could not do that here, then the abandonment should not be done. Darrell Fennell, attorney at 979 Beachland Boulevard, representing Mr. Smith, suggested that since there is no road there and there is no public need or reason to have a road there, abandonment seemed appropriate. He believed that is not at issue. He thought the next thing to do is abandon the road and let the chips fall as they may because the law is going to apply. He took the position that the County had no role other than to abandon it. He thought the law would support that this 25 feet was diminished from Weona Park and that no part of it served to diminish the dimensions of Wabasso Court and Orange Street would have no effect on Wabasso Court if it were to be given to thein. He was happy to have it abandoned and then if Mr. Miller, the owner of the property to the south, feels that he should share it, we will have our day in court and the court will decide who would get it, not the Board. He felt that County Attorney Collins would confirm his statement. He did not know how the other abandonments were split nor the reasoning used. He suggested the September 23, 2003 30 • • Board need take no position in saying who should have it. County Attorney Collins advised that the County never used to say how these were to be done, but the Property Appraiser in more recent years would ask how to divvy up the property and, therefore, we have been more explicit in the resolution of abandonments, that the property shall accrue to one or the other. He noted the Statutes (in the backup) shown on pages 324 and 325 which speak of two different situations. He read, explained his reasoning, and concluded that it made sense that the property owner that conveyed the easement should get the easement being released. The property to the south (Wabasso Park) contributed nothing to this road and it made no sense that they would reap a windfall from something that they did not contribution to in the first place. Commissioner Adams understood that if a road were to be made, the property owner to the south would contribute 25' and then if it were later abandoned, the abutting property owners (north and south) would each get half. County Attorney Collins agreed. Mr. Fennell concurred and pointed out that there is no question that the property came from Weona Park. Mr. Miller has his full lot of 165' in his subdivision, none has been taken from him. It would not be appropriate to split this; his position is supported by common law and case decisions he has found. In response to Commissioner Adams, Mr. Fennell confiuined that this property is being sought to enlarge Mr. Smith's property which is being sold for development purposes and there is no reason for it to be utilized for a road. Drainage easements will be retained by the County. Discussion ensued. Commissioner Neuberger commented this plat was 75 years and he argued his point that it was fair to divide it. September 23, 2003 31 County Attorney Collins explained that where Commissioner Neuberger was reading was concerning the County taking title from abutting property owners. In this case, we do not have the fee title to the property and, therefore, we read the clause before that where we simply hold an easement and the title of the fee owners is freed and released from that easement that we hold. The underlying fee owner is the original dedicator or their heirs, successors, or assigns, which would be Mr. Smith. It was determined that no one else wished to be heard and the Chairman closed the pubhc hearing. ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board by a 3-2 vote (Commissioners Lowther and Neuberger opposed) adopted Resolution No. 2003-121 providing for the closing, abandonment, vacation, and discontinuance of that portion of Orange Street that lies between County Road 510 on the west and 46th Avenue on the east in the Wabasso area of Indian River County, Florida. (CLERK'S NOTE• Chairman Macht called a short recess at 11:36 a.m. There was previous CONSENSUS that the next item would be 11.C.1. Meeting was reconvened at 11:46 a.m. with all members except Commissioner Adams who was temporarily absent. The next Item heard was 11.C.1. but these minutes follow the agenda order for continuity purposes.) September 23, 2003 32 9.B.1. PUBLIC DISCUSSION ITEM - REQUEST FROM FRED MENSING TO DISCUSS PROPOSAL TO SETTLE SUIT AND GAIN ACCESS TO KIRRIE INDUSTRIAL SITE County Attorney Collins advised 1) that Mr. Mensing left the meeting, but asked that the Board be updated on the status of their negotiations; 2) the County's attorney. Alan Polackwich, called to advise that the Court has ordered mediation so he has requested an attorney-client session with the Commissioners; and 3) Mr. Mensing gave Mr. Collins a marked up copy on the previously proposed settlement. Details as to time and place of that meeting will be forthcoming. (CLERK'S NOTE Attorney-client session was scheduled for October 7, 2003, at 10:45 a.m. in the Administrator's Conference Room.) 9.C. PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED FOR OCTOBER 7, 2003 1. Kingslake Subdivision Petition Water Service Resolution III 2. Michael Baratta's Request to Rezone 36.6 Acres from A-1 toRM-6 Executive Aide Kimberly Massung read the above notices into the record. September 23, 2003 33 • 10.A. MESA PARK AUCTION - AUTHORIZATION TO BID ON EQUIPMENT AND STRUCTURES ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously authorized staff to bid on equipment and structures at MESA Park and to issue a letter of intent with the Chairman's signature not -to - exceed $50,000 in total, as recommended in the memorandum. A COPY OF THE LEITER OF INTENT HAS BEEN FILED WITH THE BACKUP 10.B. RETIREES HEALTH INSURANCE MOTION WAS MADE by Commissioner Neuberger, SECONDED by Commissioner Lowther, to approve staff s recommendation. Under discussion, Commissioner Adams questioned the minimum of 8 years employment which seemed to her to be too short. She would prefer 10 or 12 years of employment. Assistant Administrator Joseph Baird advised staff would not have a problem. Initially it had been 10 years. Chairman Macht noted that a lot of employees in the general sector are having trouble with paying insurance between retirement and age 65 when Medicare is available. Vice Chairman Ginn advised that she would have to dissent; prescription drug coverage may be coming from the Federal government for those over 65. Some pension September 23, 2003 34 • • plans may offer other possibilities, but she was looking at the total dollars. Some people, such as firemen, can retire and get a second job. She wondered why we would carry their insurance while they are on a second job. Assistant Administrator Baird stated that firemen and other special risk employees can retire after 25 years at 55 or 57. He noted that we do not subsidize employees unless they work for Indian River County for a minimum of 8 years and Commissioner Adams wants 10 years. In order to be eligible they must retire under the definition in our handbook. There is no way of controlling the future work habits of anyone. After 25 years of service, we are trying to be fair. A problem we are facing is that lower -paid employees either cannot afford insurance or their whole pension is going to insurance and some cannot afford to retire because of the costs of health insurance. This was brought forward at the Board's request. Assistant Administrator Baird responded to further questions of Vice Chairman Ginn who felt that the Board needed to know more of the financial implications of this. Commissioner Neuberger asked if Vice Chairman Ginn thought there should be a "floor" on the age, for example from 62 to 65 because generally those who retire earlier would be employed elsewhere. This was his reasoning when he asked this be brought back to the Board (at the September 16th meeting). Chairman Macht thought Commissioner Neuberger's suggestion would be fair to the public and the retiree. Assistant Administrator Baird believed the majority of those who retire are over 55. We only have 18 who have single coverage who are under 65 and 18 who have dependent coverage under 65 at this time. One of the problems at this time, under our rules, is that when you retire from the County, you must make the choice at the time of retirement whether you want to take the County's health insurance. They cannot come back later and September 23, 2003 35 say they want to be on the County's health insurance. They cannot change their mind. Vice Chairman Ginn understood that an employee could retire at 55, receive their pension and $5 per month per year of service from the State to help with their insurance costs. Assistant Administrator Baird pointed out that a retired employee from Road and Bridge could not afford to buy the health insurance. He felt if there was to be a floor age that it should be at 55. He stated that he had put all the information in his memorandum. Discussion ensued. Commissioner Neuberger offered an AMENDMENT TO HIS MOTION to require 10 years of Service, with a floor of age 60 to participate in this program, and Commissioner Lowther reluctantly SECONDED the AMENDMENT.* Under discussion, Chairman Macht thought that was workable. Commissioner Lowther commented that all he had heard was "firefighter, firefighter" and addressed a question to a Sheriff's deputy in the audience, who responded that he was planning to retire next year after 30 years of service at age 57. Whereupon Commissioner Lowther *WITHDREW HIS SECOND TO THE AMENDMENT. County Attorney Collins specified that special -risk employees can retire at age 55, or after 25 years of service regardless of age, or at age 52 with 25 years of service. Chairman Macht suggested this matter be tabled for a few weeks in order to study the full scope of this and all the various employees that are affected. September 23, 2003 36 • • Commissioner Lowther suggested Assistant Administrator Baird come back with numbers on the Road and Bridge employees. He agreed with Chairman Macht that they needed more information and more study. Vice Chairman Ginn thought this is going to be tricky and questioned that the employee had to decide immediately about the health insurance coverage when they retire. Assistant Administrator Baird confirmed that it has always been that way because the employee could go to work elsewhere where insurance is offered and leave that job and want to come back and ask to get on our plan. The retiring employee must make that decision to limit the County's exposure. They cannot come back and get on the County's plan. That was why he suggested age 55. Administrator Chandler pointed out that staff is trying not to discriminate against any employee. We were trying to eliminate age discrimination. Further discussion ensued and Assistant Administrator Baird reiterated the current requirements and pointed out there is a cost for subsidizing those over 65 and there will be additional cost if the Board decides to subsidize any age under 65. Commissioner Adams believed the Board was trying to subsidize but not to jeopardize. MOTION by Commissioner Lowther to subsidize health insurance for employees who work 10 years DIED for lack of a second. (No age floor) MOTION WAS MADE by Commissioner Adams, SECONDED by Vice Chairman Ginn; to table this matter until at least October 14, 2003. Assistant Administrator Baird pointed out that the reason this came to the Board at September 23, 2003 37 this time was because there will be a big Increase for retirees in the cost of their health insurance as of October 1, 2003. Commissioner Neuberger suggested that if they decide after that date to give the subsidy, they can make it retroactive. 11.B.1. THE CHAIRMAN CALLED THE QUESTION and the motion carried 4-1 (Commissioner Lowther opposed). (Tabled to October 14, 2003) RENEWAL OF 800 MHz COMMUNICATIONS SYSTEM INFRASTRUCTURE MAINTENANCE CONTRACT WITH COMMUNICATIONS INTERNATIONAL, INC. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously approved the contract with Communications International, Inc., with funding provided from the Communications-1±mergency Services budget, in the amount of $159,601.82 (513,300.15 per month), as recommended in the memorandum. LETTER OF AGREEMENT & LIST OF MAINTENANCE COSTS IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.C.1. NEW COUNTY ADMINISTRATION COMPLEX - DONADIO & ASSOCIATES, ARCHITECTS, P.A./SONG & ASSOCIATES, INC. - PRESENTATION OF PHASE I, PROGRAMMING AND PROGRAM VALIDATION REPORT, ARCHITECTURAL SERVICES CONTRACT FOR DESIGN September 23, 2003 38 • • (CLERK'S NOTF• The presentation notebook entitled Indian River County Administration Complex Programming Document Final Document September 16, 2003, an important part of this presentation, is on file with the backup for this meeting.) Chairman Macht announced that this item was moved forward to be heard directly after the public hearings because of time constraints. (CLERK' S OTE • The Chairman reconvened the meeting at 11:46 a.m. following Item 9.A.2. with all members present except Commissioner Adams. Commissioner Adams was not present during this presentation and discussion but returned just as the Board voted.) General Services Director Tom Frame gave a brief review of how we got here as a result of the Space Needs Committee's research and recommendation. We now have verbal agreements with the City to obtain the needed property with two Attorneys working out the contract details. After the presentation, the Board will be asked to authorize the architect to proceed with the remaining portion of the contract, the design and construction. He asked Steve Blum to come forward to introduce the architectural team to make their presentation of the work thus far accomplished. New Administration Building Project Manager Steve Blum noted that the last several months have been a very interesting process. They have validated the findings of the Space Needs Committee; have gotten to know the department heads have interviewed, interviewed again, and reviewed and reviewed again. We think we now have a validated program about which we can be proud. This is the most important phase of the project and we look forward to the rest of the project and giving the County a very fine building. He introduced Tony Donadio, the prime architect, and Young Song, the associate architect whose film has taken the lead on this portion of the work and who will make the presentation. September 23, 2003 39 Young Song expressed her sincere appreciation for this opportunity. She introduced her staff and gave a Power Point presentation and used other visuals to enhance her presentation. She asked the members of the Space Needs Committee to stand up and she noted that they are owed a lot for their contribution of time, energy and knowledge to this effort. She has used the Committee's data and information and built on it. She specified that the cooperation of staff has been incredible in the many meetings with them Because technology is changing very rapidly, space needs have been coordinated with paper management and work space. They have developed, among other details, standards for space, flow charts, square foot area projections by department, support spaces such as conference rooms which can also be used for training. Thirteen departments of the 14 were included in the original space needs study and the 14th department, Recreation, was added in their recent study Each department received questionnaires which were used in the analysis prior to meetings with that department. Many department representatives showed up with additional information and even layouts to make their jobs more efficient. The support and help from the County's staff was incredible. Discussions at the meetings with staff included sizes ofprivate offices and semi -private offices, work stations, work surfaces, lobby spaces, details of how spaces were really used and anticipation of possible future technologies. With regard to future technologies, she wished she had a crystal ball because they are changing so fast As an example, she displayed the working documents, charts, and future anticipated requirements (out to 2025) for the Board of County Commissioners' offices. She reviewed information for overall numbers and spaces and explained the logic used in future space requirements. The next step is the schematic design when they can really work with staff to shape the spaces within the building and make changes that may be necessary. September 23, 2003 40 • • Frank Coffey, 1200 Admirals Walk, was on the Space \eeds Committee for 18 months. He strongly endorsed the continuation of this project. He has reviewed the Programming Document and found it to be an excellent report. There were a couple of issues, but he did not mean to be critical of the Song report. He reviewed the charts he had put together; the first was a summary chart which gave the square footage per employee under the various studies put together. He noted that the numbers used by the Space Needs Committee are almost identical in total square footage to those developed by Song & Associates. On a second chart, entitled Staff Employees (per department) for County Administration Building, he focused on the last two columns and noted that there was a large increase in the number of employees in Community Development. He understood some of that increase because of the large building growth we have experienced, but he questioned that this may be dust a current spike which may not continue through to that time (2015). Once again, the total numbers are very close. Then on page 3 of his handout, focusing on the Community Development and Planning Division, again their figures are close. He urged the Board to continue to work and move forward as quickly as possible. (A copy of the charts used by Mr. Coffey has been placed with the backup for the meeting in the office of the Clerk to the Board.) Ital Veron, 280 Peppertree Drive, Indian River Shores, was also a member of the SNC. He thought there were two significant things: first, this projection by Song & Associates has about a 1% variance with what the SNC came up with if you add in the Recreation Department of 3100 square feet, which we did not have at the time. He also mentioned that almost 4 years ago, July 6, 1999, he came before the Board on behalf of the Taxpayers Association to voice disapproval of the work on previous programming and asked them to stop all work. It was after that the SNC was formed and most recently this document was presented. He has reviewed the document and it is a long step forward to September 23, 2003 41 form the foundation needed to continue the design and he urged the Commission to allow it to happen. Vice Chairman Ginn had some questions on the schematic design, and Ms. Song specified that they will be able to allocate space layout differently. She was concerned about the County's Constitutional Officers and Community Development which jumped from 59 to 81. The Clerk of Court changed from 39 to 35. The Supervisor of Elections remained even. She spoke with the Tax Collector and he cannot envision less than 39 people out 20 years. She thought it would be wise to meet with the Constitutional Officers since no one had met with them after these were done. Steve Blum advised that after the initial discussions around July 15', Song & Associates gave him copies of the result sheets as tabulated and he personally delivered them to each of the Constitutional Officers and also to each division for verification. Some came back with changes and others did not. This report reflects those numbers. With respect to the Constitutional Officers, there were no changes and they have had a part in this process. Administrator Chandler advised that he had met with his departments, primarily Emergency Management, Public Works, and Community Development. There were some changes in the figures from the ones presented to him earlier. The numbers were down. Vice Chairman Ginn thought it was a great report and thought we should go forward. Clerk of Court Jeffrey K. Barton stated that they provided his office with a copy of their work product, asked him to review it and he did. In some circumstances he advised them they could cut back and they followed through. From his standpoint, this reflected what they finally agreed on and he also wanted to see this project keep going. Chairman Macht wondered about the Clerk's office and understood most of his employees would remain in the Courthouse. Clerk Barton responded that about one-third of his employees are in the September 23, 2003 42 • • Administration Building. From the very beginning, arrangements were made for his administrative office to be moved to the Administration Building because his office in the Courthouse is scheduled to be a future courtroom and there will be no other place in the Courthouse for his office. He and his Chief Deputy/Human Resources Department will move to the Administration Building when they have to vacate the Courthouse. That was included and added to the number of employees that will be in the new building. Vice Chairman Ginn asked Ms. Song how Community Development got up to 81 employees. Ms. Song responded that is one of the departments that is difficult to predict. That was our best -guess -estimation after working with them. As she mentioned earlier, this is a guideline and when they sit down on the schematic design, it will have flexibility as it is being designed and they will meet again with them, present their design, and talk about it. Chairman Macht noted that the complexity of their work will be changing and that has already started to happen with redevelopment of old properties and environmental issues. It is not just new development that will drive the expansion of the department. Administrator Chandler estimated there were 20 positions eliminated since the July figures came out. There was a lot of staff discussion on that. Vice Chairman Ginn thought we absolutely must avoid building too small, but we will leave that to the consultants' expertise. Jim Granse, 36 Pine Arbor Lane, offered Just a "curbside opinion". He misses few meetings and is in the building often; he thought the building of this new building should be expedited. ON MOTION by Vice Chairman Ginn, SECONDED by Commissioner Neuberger, the Board unanimously accepted the September 23, 2003 43 report and authorized that the project be moved forward with all due haste. (CLERK'S NOTE The vote on this was first recorded as 4-0 with Commissioner Adams absent, but she returned at 12:26 p.m., just as the Chairman was ready to announce the next item. She agreed to add her vote in favor in order to make the approval unanimous ) Chairman Macht complimented Vice Chairman Ginn for chairing the Space Needs Committee and bringing it to this point. (CLERK'S NOTE• A copy of the official notice letter written to Mr. Donadio to proceed is on file with the backup in the office of the Clerk to the Board.) 11.0.2. EASEMENT -BELLSOUTH TELECOMMUNICATIONS, INC. - LOT 9, BLOCK 3, VALENCIA PARK SUBDIVISION - NORTHEAST CORNER OF 43RD AVENUE AND 14TH PLACE - SOLICITATION OF BIDS AUTHORIZED ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously authorized staff to solicit sealed bids for the easement by proper advertisement with a minimum bid of $2,000. Should BellSouth be the successful bidder at $2,000 or more, the Chairman shall be authorized to execute the easement documents at the successful bid amount, as recommended in the memorandum. September 23, 2003 44 • • COPY OF EASEMENT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 11.C.3. OLD FELLSMERE SCHOOL - INFRASTRUCTURE CONTRACTS - STANDARD BID REQUIREMENTS WAIVED - BIP DiPIETRO ELECTRIC, INC. - BOBBY'S PLUMBING, INC. - CARE - FULL AIR CONDITIONING, INC. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Neuberger, the Board unanimously waived the standard bid requirements for the plumbing, electrical and air- conditioning requirements and accepted proposals from Bobby's Plumbing in a not -to -exceed total of 513,900, Bip DiPietro Electric in a not -to -exceed total of $38,435, and Care - Full Air Conditioning in a not -to -exceed total of $65,000, for infrastructure work to be done at Old Fellsmere School. Payment and performance bonds are to be waived subject to no payment being made until all work is satisfactorily performed, and evidence is submitted that all bills for materials and labor have been paid in full. Above proposals shall be incorporated into the standard agreement and the Chairman is authorized to execute said agreements when required certificates of insurance have been submitted and the County Attorney has approved the agreements as to form and legal sufficiency, all as recommended in the memorandum. September 23, 2003 45 b'. AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.1.1. EAST ROSELAND STORMWATER IMPROVEMENT PROJECT - WORK ORDER #10 - CARTER ASSOCIATES, INC. ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously approved Work Order #10 with Carter Associates, Inc., and authorized the Chairman to execute same, as recommended in the memorandum. WORK ORDER #10 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.2. PROFESSIONAL SURVEYING SERVICES AGREEMENTS FOR ANNUAL SURVEYING AND MAPPING SERVICES - BURDETTE & ASSOCIATES, INC., CARTER ASSOCIATES, INC., CREECH ENGINEERING, INC., KIMLEY-HORN & ASSOCIATES, INC., MASTELLER, MOLER & REED, INC., AND MORGAN EKLUND, INC. (2003-2004 - IRC PROJECT NO. 3090 ON MOTION by Vice Charman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously approved the fee schedules and agreements with the following six surveyors: Burdette & Associates, Inc., Carter Associates, Inc., Creech Engineering, Inc., Kimley-Horn & Associates, Inc., Masteller, Moler & Reed, Inc., and Morgan Eklund, Inc., and authorized the Chairman to execute same, as recommended in the memorandum. September 23, 2003 46 • CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13.B. VICE CHAIRMAN GINN - DIRECTIONS TO COUNTY ATTOR\EY REGARDING AN ORDINANCE PROHIBITING PUBLIC NUDITY Vice Chairman Ginn noted that all the Commissioners received as additional backup a publication from the American Family Association concerning St. Johns County's public nudity ordinance, which has been found to be constitutional by the United States Supreme Court. (Copy placed on file with the backup in the office of the Clerk to the Board.) Although we do have an ordinance that goes into states of undress in establishments serving alcoholic beverages, she thought it did not go far enough to protect Indian River County, as a family oriented community. She urged adoption of a similar ordinance for our county. MOTION WAS MADE by Vice Chairman Ginn, SECONDED by Commissioner Adams, to look at St. Johns County's ordinance as a model for adoption in Indian River County, particularly because it has already withstood the Supreme Court review. Under discussion, County Attorney Collins pointed out that we currently have two ordinances that address this issue and the area for opportunity for adult entertainment in our county is restricted by our Land Development Regulations (LDRs) to a very limited area which would not be a viable location for the operator of such an establishment. County Attorney Collins responded to questions of the Commissioners concerning September 23, 2003 47 L. y ,�3 our law and explained that there is already a state law twice as stringent as anything we could pass He had looked at St. Johns County's ordinance and in his opinion it gives less power than we already have. He believed we should not diminish what we already have and `create a solution in search of a problem". Chairman Macht recalled that when he was on the City of Vero Beach Council, they wanted to exclude nudity completely but their attorney's recommendation was to allow it in a zone where it was untenable. He believed that our attorney has given us advice and the Board should abide by it. Vice Chairman Ginn was still not convinced and wanted it on the books. County Attorney Collins commented that while St. Johns has successfully defended it, he was reluctant to spend staff time on research and not get anything better than what we already have. Discussion ensued and County Attorney Collins continued to defend our ordinance. Commissioner Adams WITHDREW HER SECOND, there was not another, and the Chairman called the MOTION DEAD There was no further discussion. September 23, 2003 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 DOCUMEN FATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF {HESE MINUTES There being no further business, upon motion duly made and seconded, the Chairman adjourned the meeting at 1:08 p.m. ATTEST Jeffrey K. Barton, Clerk w Kenneth R. Macht, Chairman NOV -- 4 2003 Minutes approved September 23, 2003