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HomeMy WebLinkAbout9/9/2003MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA TUESDAY, SEPTEMBER 9, 2003 - 9:00 A.M. County Commission Chamber County Administration Building 1840 25th Street, Vero Beach, Florida 32960 477/4 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. Co11in$ II, County Attorney Kimberly Massung, Exjecutive Aide to BCC Jeffrey K. Barton, Clerk to the Board 9:00 a.m. 1. CALL TO ORDER 2. INVOCATION Jim Davis, Director of Public Works 3. PLEDGE OF ALLEGIANCE William G. Collins County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS BACKUP PAGES ADDITIONS: 9.B.1. Additional Backup 11.1.2. Additional Backup 11.J.1. Corrective Backup 13.A. Chairman Macht - Comments on a Press Journal Editorial on Growth Beyond Urban Service Area Boundary 13.B. Comment on Jonathan Gorham's Presentation at Beach & Shore Committee Meeting (Sand Pumping) 5. PROCLAMATION and PRESENTATIONS A. Presentation of Proclamation Designating the Month of September, 2003 as Leukemia & Lymphoma Awarenes$ Month 6. APPROVAL OF MINUTES A. Regular Meeting of August 12, 2003 L11 1 CONSENT AGENDA: A. Received and Placed on File in Office of Clerk to the Board' Vero Lakes Water Control District Budget for Year Ended 09/30/04 BACKUP PAGES Approval of Warrants (memorandum dated August 28, 2003) 2-11 2004 Holiday Schedule (memorandum dated September 2, 2003) 12 Invitation from John s Island Golf Club for Staff to Participate in a ` Public Safety Day" Golf Outing (memorandum dated September 2, 2003) 16th Street Water and Sewer Main Stubs from 58th Aven e to 43rd Avenue (memorandum dated August 27, 2003) Miscellaneous Budget Amendment 018 (memorandum dated September 2, 2003) 19-23 CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None PUBLIC ITEMS A. PUBLIC HEARINGS None PUBLIC DISCUSSION ITEMS 1. Consideration of the Roseland Neighborhood Plan and the Roseland Corridor Plan (memorandum dated September 2, 2003) PUBLIC NOTICE ITEMS None 11. DEPARTMENTAL MATTERS A. Community Development 1. Staff Follow-up Report on Extending 130th Street for Access to the Kerrie Industrial Tract (memorandum dated August 29, 2003) BACKUP PAGES Emergency Services 1. Approval of Renewal for a Class "E" and Class `B" Certificate of Public Convenience and Necessit for All County Ambulance Inc. to Provide Whe-1- chair/Stretcher and Interfacility Ambulance Tr. portation Services (memorandum dated August 27, 2003) 2. Approval of Renewal for a Class "E" Certificate of Public Convenience and Necessity for Indian River Memorial Hospital to Provide Wheelchair / Stretcher Services (memorandum dated August 11, 2003) 3. Approval of Resolution Re -authorizing Imposition of E911 Fee (memorandum dated August 25, 2003) General Services 1. Final Payment and Release of Retainage to Taylo Industrial Coatings, Inc., for the Floor Coating of the Kitchen and Inmate Showers at Indian River County Jail (memorandum dated September 2, 2003) �. Request to Fill a Portion of a Pond Located on the North County Library Site (memorandum dated September 3, 2003) Human Resources 1. Cafeteria (Section 125 — IRS Code) Plan (memorandum dated August 29, 2003) Human Services None Leisure Services 114-118 119-127 128-131 132-136 11. DEPARTMENTAL MATTERS (cont'd.): G. Office of Management and Budget None Recreation None BACKUP PAGES Public Works 1. Right -of -Way Acquisition between 71St Street an 69th Street for New Road to Accommodate 53rd Street Railroad Crossing (memorandum dated August 28, 2003) ?. Developer's Agreements —13th Street SW betwee 43rd Avenue and 58th Avenue (memorandum dated July 23, 2003) 137-144 145-156 J. Utilities Services 1. Work Authorization Directive to Utility Labor C.n- tractor (Underground Utilities, Inc.) for Installati•n of 6" Side Stream Line at Regional Sludge Facilit, (memorandum dated August 28, 2003) 2. Kingslake Subdivision Petition Water Service We t off King's Highway, 62nd Lane, 58th, 59th, & 60th Courts, Preliminary Assessment Resolutions I & (memorandum dated August 29, 2003) 3. Central Regional Wastewater Treatment Facility (CRWWTF) Capacity Enhancement Engineering Design (memorandum dated September 3, 2003) 12. COUNTY ATTORNEY 13. COMMISSIONERS ITEMS A. Commissioner Kenneth R. Macht, Chairman 157-160 161-180 181-195 Commissioner Caroline D. Ginn, Vice Chairman 13. COMMISSIONERS ITEMS (cont'd.): C. Commissioner Fran B. Adams D. Commissioner Thomas S. Lowther E. Commissioner Arthur R. Neuberger BACKUP PAGES 14. SPECIAL DISTRICTS and BOARDS A. Emergency Services District None Solid Waste Disposal District Environmental Control Board 15. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this m=eting will need to ensure that a verbatim record of the proceedings is made which includes the testi .ny and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contct the County's Americans with Disabilities Act (ADA) Coordinator at 567-8000 x1223 at least 48 hs urs 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 C mmission 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. • INDEX TO MINUTES BOARD OF COUNTY COMMISSIONE MEETING OF SEPTEMBER 9, 2003 1 CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE RS 1 1 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 1 5. PROCLAMATIONS AND PRESENTATIONS 2 A. Proclamation Designating the Month of September 2003 aseukemia & Lymphoma Awareness Month and Invitation to Light the Nit x Walk . 2 6.A. APPROVAL OF MINUTES - AUGUST 12, 2003 3 7. CONSENT AGENDA 3 7.A. Report Placed on File in the Office of the Clerk to the Board 3 7 B Approval of Warrants 3 7.C. 2004 Holiday Schedule 3 7.D. Invitation from John's Island Golf Club for Staff to Participat in a "Public Safety Day" Golf Outing Scheduled for September 28, 2003 ( mergency Services Staff) 4 7 E 16th Street Water and Sewer Main Stubs from 58th Avenue t• 43rd Avenue - Work Authorization Directive No. 2001-066 - Unde ground Utilities, Inc. 4 7.F. Resolution No. 2003-098 - Miscellaneous Budget Amendmen 018 5 9 B 1 PUBLIC DISCUSSION ITEM - RESOLUTION NO. 2003-099 S SETTING THE TASK FORCE - CONSIDERATION OF THE ROSELAND NEIGHBORHOOD PLAN AND THE ROSELAND CORRIDOR P AN .... 5 11.A. STAFF FOLLOW-UP REPORT ON EXTENDING 130th STREET }AOR ACCESS TO THE KIRRIE INDUSTRIAL TRACT AND A STATUS REPORT ON THE NEGOTIATIONS WITH MR. FRED MENSING 9 1 • 11.B.1. RENEWAL OF CLASS "E" AND CLASS "B" CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY - ALL COUNTY AMBULANCE, INC. - WHEELCHAIR/STRETCHER AND INTERFACILITY AMBULANCE TRANSPORTATION SERVICES . 11 11 B 2 RENEWAL OF CLASS "E" CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR INDIAN RIVER EMORIAL HOSPITAL TO PROVIDE WHEELCHAIR/STRETCHER S RVICES 11 11.B.3. RESOLUTION NO. 2003-100 - IMPOSITION OF 911 FEE AUTHORIZED 12 11.C.1. INDIAN RIVER COUNTY JAIL - FLOOR COATING OF K TCHEN AND INMATE SHOWERS - TAYLOR INDUSTRIAL COA INGS, INC. - FINAL PAYMENT AND RELEASE OF RETAINAG 12 11.C.2. NORTH COUNTY LIBRARY - FILL THE PORTION OF THI POND LOCATED ON THE COUNTY'S SITE - JOJA PARTNERS 13 11 D CAFETERIA PLAN (SEC 125 -INTERNAL REVENUE SER ICE CODE) 14 11.I.1. RIGHT-OF-WAY ACQUISITION BETWEEN 71ST STREET AND 69TH STREET FOR NEW ROAD TO ACCOMMODATE 53 STREET RAILROAD CROSSING - LEONARD HATALA A D LANDCO "V", INC. 15 11.I.2. DEVELOPER'S AGREEMENTS FOR RIGHT-OF-WAY - 13 H STREET SW BETWEEN 43RD AVENUE AND 58TH AVENUE - SOUTH LAKES, L L C FOR SOUTH LAKES SUBDIVISION AND SUNLAND DEVELOPMENT, INC. FOR DIAMOND LAKE SUBDIVISION 11.11. REGIONAL SLUDGE FACILITY - INSTALLATION OF 6" SIDE STREAM LINE - UNDERGROUND UTILITIES, INC. - WORK AUTHORIZATION DIRECTIVE 2001-036 TO UTILITY LABOR CONTRACTOR 15 16 2 11.J.2. RESOLUTION NOS. 2003-101 AND 2003-102 SUBDIVISION PETITION WATER SERVICE HIGHWAY - 62ND LANE, 58TH, 59TH, AND RESOLUTIONS I & II 11J.3. CENTRAL REGIONAL WASTEWATER TREATMENT F (CRWWTF) CAPACITY ENHANCEMENT ENGINEERIN MASTELLER & MOLER, INC. - WORK AUTHORIZATII CILITY DESIGN - N#3 .... 17 13.A. CHAIRMAN MACHT - COMMENTS ON PRESS JOURN • L ARTICLE WITH RESPECT TO CONCERNS ABOUT DEVELOPME T OUTSIDE OF THE URBAN SERVICE AREA 18 13 B VICE CHAIRMAN GINN - COMMENT ON PRESENTATI COASTAL RESOURCES MANAGER JONATHAN C. GO' AT BEACHES AND SHORES ADVISORY COMMITTEE 14.A. EMERGENCY SERVICES DISTRICT 14 B SOLID WASTE DISPOSAL DISTRICT 14.C. ENVIRONMENTAL CONTROL BOARD IN BY HAM PhD EETING 20 Sep ember 9, 2003 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Bea h, Florida, on Tuesday, September 9, 2003. Present were Kenneth R. Macht, Chairma ; Caroline D. Ginn, Vice Chairman; Commissioners Fran B Adams; Thomas S Lowther; and Arthur R. Neuberger. Also present were James E Chandler, County Administrato ; William G. Collins II, County Attorney; Kimberly Massung, Executive Aide to the Board; and Patricia Ridgely, Deputy Clerk. CALL TO ORDER The Chairman called the meeting to order at 9:00 a.m. INVOCATION Rev. Billy McCloud, Central Assembly of God, delivered the invocation. 3. PLEDGE OF ALLEGIANCE County Attorney William G. Collins II led the Pledge to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Macht noted additional backup was provided for Items 9 B 1 and 11.I.2., September 9, 2003 and a correction for 11.J.1. He requested the addition of Item 13.A. to comment on an article in the Press Journal concerning development outside the urban service area. Vice Chairman Ginn asked that 13.B. be added so she could comment on a presentation by Coastal Resource Manager Jonathan C. Gorham, PhD at the recent Beaches and Shores Advisory Committee meeting. ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously made the above changes to the agenda. 5. PROCLAMATIONS AND PRESENTATIONS A. Proclamation Designating the Month of September 2003 as Leukemia & Lymphoma Awareness Month and Invitation to Light the Night u Walk (CLERK'S NOTE• This item was postponed pending the arrival of the recipient who arrived after Item 9 B 1 ) The proclamation was read by Commissioner Neuberger and presented to Betsy Keteltas. Betsy Keteltas expressed thanks on behalf of The Leukemia & Lymphoma Society as well as cancer survivors and families of cancer victims. She invited everyone to participate in the 5th Annual Light the Night® Walk on September 20th at Riveride Park. September 9, 2003 2 • • 6.A. APPROVAL OF MINUTES - AUGUST 12, 2003 The Chairman asked if there were any corrections or additions to the Regular Meeting of August 12, 2003. There were none. ON MOTION by Commissioner Neuberger, SECONDED B Vice Chairman Ginn, the Board unanimously approved th minutes of August 12, 2003, as written and distributed. Minutes of the CONSENT AGENDA Vero Lakes Water Control District Budget for Fiscal Year Ended 09/ c 0/04 NO ACTION REQUIRED OR TAKEN 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 August 22-28, 2003, as requested in the memorandum. September 9, 2003 ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the 2004 Holiday Schedule, as presented in the memorandum. 7.D. Invitation rom John's Island Gol Club or Sta to P rtici • ate in a "Public Safety Day" Golf Outing Scheduled for September 28, 2003 - Emergency Services Staff ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously approved attendance of Emergency Services staff at the John's Island Golf Outing, as recommended in the memorandum. 7.E. 16th Street Water and Sewer Main Stubs from 58th Ai'enue to 43rd Avenue - Work Authorization Directive No. 2001-066 - Underground Utilities, Inc. ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously approved the project for a total estimated cost of $79,365.66, including 10% contingency for labor and overtime multiplier, and Work Authorization Directive No. 2001-066 to the Utilities September 9, 2003 4 2fe e • Department Labor Contractor, Underground Utilities, Ind., authorizing payment of up to $54,816.30, as recommended in the memorandum. WORK AUTHORIZATION DIRECTIVE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.F. Resolution No. 2003-098 - Miscellaneous Budget Amendment 018 ON MOTION by Commissioner Neuberger, SECONDED BY Vice Chairman Ginn, the Board unanimously adopted Resolution No. 2003-098 amending the Fiscal Year 2002-2003 Budget. 9.B.1. PUBLIC DISCUSSION ITEM - CONSIDERATION OF THE ROSELAND NEIGHBORHOOD PLAN AND THE ROSELAND CORRIDOR PLAN AND SUNSET OF TASK FORCE - RE `OLUTION NO. 2003-099 Community Development Director Robert Keating reviewed the backup and reminded the Board that action was deferred the last time this matter came bei ore them. He then reviewed the major changes made to the document. Both staff and t e Task Force recommend approval of the proposed plans. Chairman Macht advised of cards received from Roseland homeown: rs as well as a letter from Friends of St. Sebastian River. (Additional backup) Holly Dill, 11675 Roseland Road, president of the Historic Roseland Committee, September 9, 2003 5 I:�� �.� ;�, advised that three sweeping changes to the Plan were made at a recent meeting of the Task Force as a result of comments made at the May 20th meeting: 1) elimination of the more stringent height limitations; 2) modification of the code enforcement provisions; and 3) elimination of many direct references to the City of Sebastian. She felt that mu h of the fuel for the opposition has been eliminated. She believed there to be a great deal • f support for the Plan. She asked for the Board's approval and turned in three more cards she had Just received. (Added to the backup in the Office of the Clerk to the Board.) Cy Carlson, chairman of the Roseland Task Force, read a letter fro RE/MAX realtor, Ronnie Preuss, in support of both Plans. Ms. Carlson urged the Boa d to vote in favor of the Plans and commented on the County's "wonderful" staff. Barbara Banfield, 7405 129' Street, thanked those who spoke out aga nst the Plan because it resulted in a much better Plan. Joan Reed, 12875 Bay Street, reminded everyone that the operativ words are "neighborhood plan". She believed it is good for the neighborhood she has li ed in since she was 11 years old. Constance Spates, who owns two properties in Roseland speculated that the next corridor plan will be for Oslo Road. She opposed prohibition of businesses on Roseland Road. She noted the discussions about traffic on 129th Street have not mentioned traffic to Spaulding's and Mr. Kirrie's new plastic mold business will probably not gen rate much more traffic. She thought the Plan is unnecessary. Arnold Morgan, 7850 120 Street, recounted the meeting at the Roseland Firehouse. He asked if any Commissioners have listened to the tape of that meeting; if th y had they would know the people of Roseland do not want this Plan. Fred Mensing, 7580 120 Street, reiterated the question of w ether the Commissioners had listened to the tape of that meeting. He opposed the Corridor Plan September 9, 2003 6 r;i because it is so restrictive. He asked the Board to hold an evening meeting Firehouse to allow people who work to express their opinion on both Plan • t the Roseland • Irene Bush, 13370 Old Dixie Highway, who moved from Ft Lauderdale, knows what happens when unforeseen growth is not gently planned. Tom Spalding, 7890 129th Place, had no problem with the Neighborhood Plan, but felt the Corridor Plan is too restrictive. It will keep business away, thus minimizing a tax base increase Christopher Kirrie, 12855 79th Avenue, opposed this Plan. He believed most residents do not want the Plan. Roseland should be left alone. Don Perry, 7930 129th Street, believed Roseland needs something to protect the individual homeowners. He did not want their residential area turned into an industrial area. C. N. Kirrie, 12855 79th Avenue, recounted the history he watche developed slowly over the 40 years he has lived there. "Backyard busme opportunity by law to be legal for a period and were grandfathered. Spaul business were two of them. Industry is needed in this county. The Boar understand and believe that we are hurting for industry. He believed the C really need to hear the tape from the Firehouse meeting because the p resounding "no" to the Plans. He saw no good reason to have a Corridor PI the Board to take no action today but not to eliminate it completely. Robert Kirrie, 12706 79th Avenue, asked why the mailing by the Frien Roseland was sent only to their 200 members and not all 1700 residents in Cy Carlson commented that they have heard a lot about the Firehouse estimated that 75% were in favor and about 25% were opposed to the Plans. Angie Cerillo, Kashi Ashram, 11155 Roseland Road, supported the Pla to abide by it in the Kashi planned development. 1 0 i as Roseland sses" had the ing's and his has come to •mmissioners ople gave a n and asked 1 • s of Historic oseland. September 9, 2003 eeting. She n and intends 7 5 Commissioner Adams pointed out that the Task Force members concerns and did everything the Board asked them to do. ddressed the MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Neuberger to approve both the Neighborhood and Corridor Plans as presented today (and sunset the Task Force [see clarification below]). Under discussion, Vice Chairman Ginn advised there was a letter from Timothy Glover which had just come in that morning concerning Action 3.4 on page 35 of the backup. She suggested they could tweak that page a little bit by adding after ... "procedure for notification" ... "as soon as this information becomes available" rather than ... "prior to final action".... She felt that would solve Mr Glover's problem. Director Keating advised that change would be okay. Vice Chairman Ginn advised they received 113 cards and phone call requesting approval; only 2 sent cards in opposition. The comments heard today were tak n seriously as well. (CLERK'S NOTE Postcards and a list of the senders has been pla ed with the backup in the Office of the Clerk to the Board.) Commissioner Neuberger understood the Plan was patterned after Wabas o's. He did not go to the meeting at the Firehouse, but he understood what had happened thete. Several people have been working on this for 2 years and the meetings he attended were all positive, he heard very little negative input until today. He believed the majority was in favor and he thought the Plan was beneficial to maintain what is now in Roseland. Chairman Macht inquired if the motion incorporated sunsetting the Task Force, and Commissioner Adams responded in the affirmative. Chairman Macht understood this September 9, 2003 8 1 1 • • motion would be a direction for staff to prepare the LDRs which would b considered by the Board at a public hearing. Director Keating specified this would go before the Professional Se ices Advisory Committee, the Planning and Zoning Commission and the Board of County i ommissioners and residents will have plenty of opportunity to comment. THE CHAIRMAN CALLED THE QUESTION and the motio carried unanimously. (Approved the Roseland Neighborhoo Plan and Corridor Plan, directed staff to draft Lan Development Regulations to implement the Corridor Plan, an adopted Resolution No. 2003-099 sunsetting the Roselan Neighborhood Plan Task Force.) 41 11 • • (CLERK'S NOTE The recipient had arrived for the proclamation listed on the agenda as Item 5.A. so the Chairman called that item number.) 11.A. STAFF FOLLOW-UP REPORT ON EXTENDING 130th STREET FOR ACCESS TO THE KIRRIE INDUSTRIAL TRACT AND A STATUS REPORT ON THE NEGOTIATIONS WITH MR. FRED MENSING Environmental & Code Enforcement Chief Roland DeBlois presented a progress report using an aerial of the area. Staff had reported last month on permit ing and cost issues. They completed their investigation and their summary of results i filed in the backup. He reviewed the three alternatives under consideration for access to Mr. Kirrie's property. He stated that staff has met with USF&W and received ver al feedback September 9, 2003 9 • a concerning their procedures. Regardless of which alternative is chosen it would take a number of months •for the process. From an environmental standpoint, Alternative 1 would have the least impact. That alternative will take an agreement with Mr. Fred Mensing on which County Attorney Collins is negotiating and making progress. Mr. DeB*ois expected the topographical surveys would be available in next the few weeks. That su ey is the first step necessary in designing a road. Chairman Macht and Vice Chairman Ginn preferred Alternative 1. County Attorney Collins advised that his negotiations with Mr Mensini, are coming together. He outlined the items involved in the proposed settlement with Mr. ensing. He expected to be able to present a draft to the Board at their next meeting. Discussion ensued and there was an understanding that County Attorney Collins would bring a draft agreement to their next meeting. Commissioner Adams thought staff should continue tracking the other two alternatives. Commissioner Lowther agreed with Commissioner Adams to continue efforts on Alternatives 2 and 3. Vice Chairman Ginn expressed concern for costs on Alternatives 2 and 3. ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously agreed to continue tracking all 3 Alternatives and not give up any position or strategy. Fred Mensing suggested the Commissioners need to remember they a e facing a Thursday deadline because of a court case (Clerk's Note: A case his wife planne to file in Federal Court). He specified that County Attorney Collins was the best neg tiator the September 9, 2003 10 • . County has had in years; if he had a hand in this 2 years ago, the matter would have been solved then. He estimated they were 99% close to agreement. He thought economically Alternative 1 is best for the County. He advised his preferences on the building of the road to give Mr. Kerrie access to his property and mentioned other contingencies the Board should keep in mind. Chairman Macht called a brief recess at 10:19 a.m. The meeting was reconvened at 10:28 a.m. 11.B.1. RENEWAL OF CLASS "E" AND CLASS "B" CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY - ALL COUNTY AMBULANCE, INC. - WHEELCHAIR/STRETCHER AND INTERFACILITY AMBULANCE TRANSPORTATION SERVICES ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously approved renewal of the Class "E" and Class "B" Certificates of Public Convenience and Necessity for A11 County Ambulance, Inc., to be effective for a period of two (2) years from October 2, 2003, to October 2, 2005, as recommended in the memorandum. COPIES OF CERTIFICATES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.B.2. RENEWAL OF CLASS "E" CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR INDIAN RIVER MEMORIAL HOSPITAL TO PROVIDE WHEELCHAIR/STRETCHER SERVICES September 9, 2003 11 Fig L,a9 i f 7 1 i ON MOTION by Commissioner Lowther, SECONDED BY Vice Chairman Ginn, the Board unanimously approved renewal of the Class "E" Certificate of Public Convenience and Necessity for Indian River Memorial Hospital, to be effective. for a period of two (2) years from October 2, 2003, to October 2, 2005, as recommended in the memorandum. COPY OF CERTIFICATE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.B.3. RESOLUTION NO. 2003-100 - IMPOSITION OF 911 FEE RE -AUTHORIZED ON MOTION by Commissioner Neuberger, SECONDED BY Commissioner Lowther, the Board unanimously adopted Resolution No. 2003-100 providing for the establishment of a countywide 911 telephone fee to pay for system charges; providing for severability; providing for inclusion in the Indian River County Administrative Code; and providing for an effective date. 11.C.1. INDIAN RIVER COUNTY JAIL - FLOOR COATING OF KITCHEN AND INMATE SHOWERS - TAYLOR INDUSTRIAL COATINGS, INC. - FINAL PAYMENT AND RELEASE OF RETAINAGE ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Ginn, the Board unanimously approved release of September 9, 2003 12 • retained funds and final payment to Taylor Industrial Coating, Inc., in the amount of $5,723.81, as recommended in the memorandum. DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 11.C.2. NORTH COUNTY LIBRARY - FILL THE PORTION OF THE POND LOCATED ON THE COUNTY'S SITE - JOJA PARTNERS Vice Chairman Ginn understood that this pond is not used for st rmwater, and General Services Director Tom Frame advised that 90% of the pond is on th adjacent site. He confirmed that the County does not use it for drainage. He explained that t e prospective purchaser of the adjacent site wants to fill the pond. If approval is granted t fill their side of the pond, they will fill our side and put down the sod. ON MOTION by Commissioner Lowther, SECONDED BY Commissioner Adams, the Board unanimously approved filling that portion of an adjacent pond which lies within the boundary of the North County Library property, subject to the submittal and acceptance by staff of a proposed grading plan of the County's portion of the filled pond and the stabilization of the filled area by means of sod that is of the same type currently in use at the library site. If and when such work is to be carried out, the contractor shall name the County as an additionally insured party, in an amount satisfactory to the Risk Manager, and produce all required regulatory permits needed to September 9, 2003 13 Pig accomplish such fill activity, all as recommended in the memorandum. 11.11 CAFETERIA PLAN (SECTION 125 -INTERNAL REVENUE SERVICE CODE) MOTION WAS MADE by Commissioner Lowther, SECONDED by Commissioner Adams, to approve staff's recommendation. They understood it would be brought back before January 1, 2004, for approval. Human Resources Department Director James E Carnicella referred to his memorandum as to how staff would go about it and the time line for next consideration by the Board. Vice Chairman Ginn thought this would be a great thing for the emplo THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. (The Board agreed to consider amending the Premium Conversion Plan to take full advantage of the tax savings for both the employees and the employer [County] and to provide the employees with as much benefit choice flexibility as allowed by offering related products at group rates, as recommended in the memorandum.) September 9, 2003 14 • ees. 11.L1. RIGHT-OF-WAY ACQUISITION BETWEEN 71ST STREET AND 69TH STREET FOR NEW ROAD TO ACCOMMODATE 53RD STREET RAILROAD CROSSING - LEONARD HATALA AND LANDCO "V", INC. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously approve entering into purchase contracts with Leonard Hatala an Landco "V", Inc. to acquire sufficient right-of-way to connect 71st Street to 69th Street, as recommended in the memorandum. (Contracts to be presented for approval at a future date.) (Alternative No. 1) 11.I.2. DEVELOPER'S AGREEMENTS FOR RIGHT-OF-WAY - 13TH STREET SW BETWEEN 43RD AVENUE AND 58TH AVENUE - SOUTH LAKES, L.L.C. FOR SOUTH LAKES SUBDIVISION AND SUNLAND DEVELOPMENT, INC. FOR DIAMOND LAKE SUBDIVISION ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Neuberger, the Board unanimously approved Developer's Agreements with South Lakes, L L C and Sunland Development, Inc. and paving of the two project frontages, leaving 660 LF unpaved between South Lakes and Diamond Lakes and 1320' along Four Lakes, as recommended in the memorandum. (The Four Lakes agreement will be forthcoming at a later date. The County's cost is $37,135.52 and the September 9, 2003 15 • Developer's cost is $142,266.50 plus pole relocation and stormwater storage costs.) (Alternative No. 1) AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.1. REGIONAL SLUDGE FACILITY - INSTALLATION OF 6" SIDE STREAM LINE - UNDERGROUND UTILITIES, INC, - WORK AUTHORIZATION DIRECTIVE 2001-036 TO UTILITY LABOR CONTRACTOR ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Lowther, the Board unanimously approved the project at a total cost of $20,906.96, including 10% contingency for labor, and Work Authorization Directive No. 2001-36 (Attachment B), as recommended in the memorandum. WORK AUTHORIZATION DIRECTIVE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.2. RESOLUTION NOS. 2003-101 AND 2003-102 -KINGSLAKE SUBDIVISION PETITION WATER SERVICE - WEST OFF KING'S HIGHWAY - 62ND LANE, 58TH, 59TH, AND 60TH COURTS - RESOLUTIONS I & II In response to Vice Chairman Ginn, Assessment Projects Manager James D. Chastain specified that a simple majority of property owners in favor is required to proceed with a petition assessment program. In this instance 62% were in favor of the project. September 9, 2003 16 • ON MOTION by Commissioner Lowther, SECONDED BY Commissioner Adams, the Board unanimously adopted Resolution No. 2003-101 providing for water main expansion to Kingslake Subdivision (58th, 59th and 60th Courts and 620 Lane west of 58th Avenue) in Indian River County, Florid; providing the total estimated cost, method of payment an assessments, number of annual installments, and description of the area to be served. ON MOTION by Commissioner Lowther, SECONDED BY Commissioner Adams, the Board unanimously adopter Resolution No. 2003-102 setting a time and place at which the owners of properties located in Kingslake Subdivision (58tH 59th, and 60th Courts and 62°d Lane west of 58th Avenue) in Indian River County, Florida, and other interested persons, may appear before the Board of County Commissioners of Indian River County and be heard as to the propriety and advisability of constructing the water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be specially assessed against each property benefitted thereby. (Tuesday, October 7, 2003 at 9:05 a.m.) 11.J.3. CENTRAL REGIONAL WASTEWATER TREATMENT FACILITY (CRWWTF) CAPACITY ENHANCEMENT ENGINEERING DESIGN - MASTELLER & MOLER, INC. - WORK AUTHORIZATION #3 September 9, 2003 17 r•ir In response to Vice Chairman Ginn, Utilities Director Erik Olson advised that the County has been collecting capacity charges in advance from those who have reserved capacity. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Lowther, the Board unanimously approved the proposed work authorization with Masteller & Moler in the amount of $431,125 for engineering consulting services to design expansion and manage construction of the CRWWTF as presented, and authorized the Chairman to execute the same, as recommended in the memorandum. WORK AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13.A. CHAIRMAN MACHT - COMMENTS ON PRESS JOURNAL ARTICLE WITH RESPECT TO CONCERNS ABOUT DEVELOPMENT OUTSIDE OF THE URBAN SERVICE AREA Chairman Macht noted a thoughtful opinion expressed by the editor in this morning's Press Journal regarding St. Lucie County's problems due to breaching their urban service area (USA). He thought we should be planning now for how development is going to occur. He recommended staff attend the upcoming discussions to take place on September 23rd Vice Chairman Ginn supported Chairman Macht's comments. She planned to attend the meeting and urged her colleagues to attend. She noted that concern has been raised at the Treasure Coast Regional Planning Council on this issue. She suggested possibly getting September 9, 2003 18 additional assistance regarding the Burt Harris Act and the Rural Lands Stewardship Act. Chairman Macht commented that the Burt Harris Act has tied their hands, but perhaps they could find a way to amend the Comprehensive Plan and turned to County Attorney Collins for his input. County Attorney Collins cautioned that even a Comprehensive Plan amendment may run afoul of Burt Harris. It may be easier to work under the existing Plan. He explained a Supreme Court of Florida ruling which said the maximum number shown on the map is not an immediate entitlement. Commissioner Lowther commented on a discussion at the TCRPC, el cted officials in St. Lucie County are having a hard time dealing with the big boom in Port t. Lucie. He pointed out that our south county is growing rapidly and appears to be heading in the same direction. He agreed the Board needs some way of dealing with it. Chairman Macht agreed it is time to get educated on what control the Board does have and hoped for consensus to get involved and get staff involved. Commissioner Adams emphasized the need to talk with the lawmakers and staff in St. Lucie County. She also stressed the need to acquire knowledge about County services that will come with the new development. She noted there software that can predict future build out and other information when various input. She believed our staff is up on all the regulations because they attend r. keep current on the information. She pointed out that most of the developmen the Board are not for the maximum allowable. Commissioner Adams comme costs for all is computer scenarios are leetings and is coming to nted we not only have people fleeing from the south but also have the developers from the south who are causing us trouble. Commissioner Neuberger believed we are somewhat protected by our height and density limitations. September 9, 2003 19 411 MOTION WAS MADE by Vice Chairman Ginn, SECONDED BY Commissioner Lowther, to send staff to be part of the upcoming discussions. Chairman Macht believed the Commissioners need to be involved in it, too. Commissioner Adams suggested we also need to be alert as to development and other happenings in Brevard County. Vice Chairman Ginn suggested getting Central Florida's Regional Planning Council's minutes and adding them to the Board's reading file Chairman Macht was concerned that perhaps the Commissioners are pushing staff beyond their capacity. If so, the Commissioners need to hear from them. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. (Approved staff attendance at upcoming meeting.) 13.B. VICE CHAIRMAN GINN - COMMENT ON PRESENTATION BY COASTAL RESOURCES MANAGER JONATHAN C. GORHAM PhD AT BEACHES AND SHORES ADVISORY COMMITTEE MEETING Vice Chairman Ginn stated that she and Commissioner Adams were at the Beaches and Shores meetings last week when Coastal Resources Manager Jonathan C. Gorham PhD, as the next to last speaker, gave an outstanding presentation. She congratulated him on a job well done and suggested he repeat the presentation at an upcoming Commission meeting. September 9, 2003 20 • Coastal Resources Manager Jonathan C. Gorham PhD appreciated the kind words and thought the presentation was well-received. He noted that everyone who has seen the new beach has said good things about it and it held up well after the NE winds received last week from Hurricane Isabel. (CLERK'S NOTE* Mr Gorham's presentation was subsequently giv 9/23/03 Commission meeting.) n at the 14.B. None. SOLID WASTE DISPOSAL DISTRICT September 9, 2003 ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES There being no further business, upon motion duly made and seconde adjourned the meeting at 10:58 a.m. the Chairman Jeffrey K. Barton, Clerk Kenneth R. Macht, (chairman Minutes approved OCT 0 7 2003 September 9, 2003 _,.s