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Home My WebLink About10/11/2005 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF OCTOBER 11, 2005 1.CALL TO ORDER........................................................................................ 1 2.INVOCATION ............................................................................................... 1 3.PLEDGE OF ALLEGIANCE...................................................................... 1 4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ............................................................................................................ 2 5.PRESENTATIONS BY CHUCK MECHLING – SCREEN ON THE GREEN ................................................................................................. 2 6.APPROVAL OF MINUTES – REGULAR MEETING AUGUST 16, 2005 ........................................................................................................... 2 7.CONSENT AGENDA ................................................................................... 3 7.A.R .....................................................................................................................3 EPORTS 7.BAW–S23–29,2005 .............................................3 PPROVAL OF ARRANTS EPTEMBER 7.C.UWPTD1,2005 ............3 PCOMMING ORKSHOPS AND RESENTATIONS HRU ECEMBER 7.D.DS–RBSP EENA MITH ESIGNATION FROM THE EACH AND HORE RESERVATION AC ...............................................................................................4 DVISORY OMMITTEE October 11, 2005 1 7.E.PAPH:AO ERMISSION TO DVERTISE FOR UBLIC EARING N RDINANCE AC,S400.09–UCP MENDING THE ODE ECTION TILITY ONNECTS ROHIBITED UNICO ................................4 NTIL OTICE OF SSUANCE OF ERTIFICATE OF CCUPANCY 7.F.PHJJ ...............................................................4 ROCLAMATION OLORING ACKIE AMES 7.G.SAINAC ECOND MENDMENT TO TERLOCAL GREEMENT WITH THE ITY OF FETOFSFC LLSMERE RANSFERRING LD ELLSMERE CHOOL UNDS TO ITY OF FETL4OFSBIRC .....5 LLSMERE AND ERMINATING EASE OF LD ELLSMERE CHOOL Y 7.H.ABAS–U NNUAL ID FOR LUMINUM ULFATE TILITIES D/WRD–GCB EPARTMENASTEWATER EATMENT IVISION ENERAL HEMICAL ID AN.2006014 ...................................................................................................5 WARD O 7.I.ABCS/U–HCI.–B NNUAL ID FOR AUSTIC ODATILITIES ARCROS HEMICAL NC ID N.2006004 ...............................................................................................................6 O 7.J.ABZO–U–S NNUAL ID FOR INC RTHOPHOSPHATE TILITIES HANNON CC–BN.2006010 ..........................................................6 HEMICAL ORPORATION ID O 7.K.SFSAD TATE UNDED UBGRANT GREEMENT WITH THE EPARTMENT OF CA(DCA) .....................................................................................7 OMMUNITY FFAIRS 7.L.R2005-168RS–RE ESOLUTION OBERT CHMALENBERGER ELEASE OF ASEMENT 483049A(L4,BD,LLSP TH AT VENUE OT LOCK ENDSEY ANES UBDIVISION HASE I) ..................................................................................................................................8 7.M.R2005-169-MACE(M-ACE ESOLUTION ULTIGENCY RIMINAL NFORCEMENT U)–MBA001–PG NIT ISCELLANEOUS UDGET MENDMENT ROJECT ENERATED IAFDL NCOME GREEMENT WITTH THE LORIDA EPARTMENT OF AW E ...........................................................................................................8 NFORCEMENT 7.N.R2005-170–MBA022 ....................8 ESOLUTION ISCELLANEOUS UDGET MENDMENT 7.O.ATM,I.(ATM)–FP PPLIED ECHNOLOGY AND ANAGEMENT NC INAL AYMENT RER–CA910 .......................9 AND LEASE OF ETAINAGE ONTRACT MENDMENTS AND 7.P.R--WA–BH.CM.B IGHTOFAY CQUISITION YRON AND OLLEEN EATTY ()–66A8SMRC THTH OWNERS VENUE NORTH OF TREET TO AIN ELIEF ANAL ALL S7T33SR39E .......................................................9 LYING IN ECTION OWNSHIP ANGE 7.Q.FCFWL4,B13,VL LOOKPLAIN UT AND ILL AIVER FOR OT LOCK ERO AKE EU2–CJ.K,J.,P.E. ............................................ 10 STATES NIT HRISTOPHER AFER R October 11, 2005 2 7.R.BCWFMR/PFP EST AR ASH ORCE AIN ELOCATIONRELACEMENT INAL AYMENT –DCI.–CON.1 ........................................... 10 ANELLA OMPANIES NC HANGE RDER O 7.S.BASAIRCBN.7079–BV ID WARD AND AMPLE GREEMENT FOR ID O LOCK ILLA SWA–UU,I. .................. 11 UBDIVISION ATER SSESSMENT NDERGROUND TILITIES NC 9.A.1.PUBLIC HEARING - REPORT OF THE ARCHIE SMITH/JOHNNY MAYS FISH HOUSE (A.K.A. SEBASTIAN HISTORIC FISHING VILLAGE) ENVIRONMENTAL LANDS PROGRAM ACQUISITION PROJECT – HAROLD ADAMS ........... 11 9.A.2.RESOLUTION 2005-171 - PUBLIC HEARING ABANDONMENT THTH OF THE PORTION OF 46 STREET LYING EAST OF 47 COURT WITHIN THE CAVALIER ESTATES SUBDIVISION – KENNETH JACKSON............................................................................... 13 9.A.3.ORDINANCE 2005-045 – BEALE HOLDING INC. – REZONE 7.74 ACRES FROM CH TO CG ............................................................... 14 9.A.4.RESOLUTION 2005-172 – CRYSTAL SANDS PETITION THTHTH WATER SERVICE 47 AND 48 PLACE’S AND 48 STREET, RD EAST OF 43 AVENUE – PROJECT NO. UPC-2507 (RESOLUTION III) .................................................................................... 16 9.A.5.REVISED FIVE-YEAR OPTIONAL SALES TAX CAPITAL PLAN – FISCAL YEAR 2005/06 THROUGH 2009/10 .......................... 17 9.B.1.PUBLIC DISCUSSION – GUY BARBER SPOKE IN PLACE OF BRIAN T. HEADY REGARDING RECENT SCHOOL LAND PURCHASE AND POTENTIAL EXPANSION OF THE URBAN SERVICE AREA (USA) ............................................................................. 18 October 11, 2005 3 9.C.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON OCTOBER 11, 2005, 2005 .............................................. 19 NSPHO18,2005: ...................................... 19 OTICE OF CHEDULED UBLIC EARING CTOBER 10.COUNTY ADMINISTRATORS MATTERS – FORUM ON THE ADAMS RANCH RURAL LANDS STEWARDSHIP AND TOWNS, VILLAGES AND COUNTRYSIDE CONCEPT ................... 20 11.G.1.OFFICE OF MANAGEMENT AND BUDGET – COUNTY ADMINISTRATION BUILDING AND IRC JAIL EXPANSION PROPOSED BUDGETS AND APPROVAL OF INTERFUND BORROWING ............................................................................................. 20 11.I.1.PUBLIC WORKS – TRAFFIC SIGNALIZATION PLANS PREPARATION FOR THE FOLLOWING INTERSECTIONS ST (A) C.R. 512 AND 101 AVENUE \[NEW TRAFFIC SIGNAL\] (B) TH OSLO ROAD AND 20 AVENUE \[REBUILD SIGNAL PER STTH OSLO WIDENING\] (C) 41 STREET AND 58 AVENUE STST \[REBUILD SIGNAL PER 41 STREET WIDENING\] (D) 41 RDST STREET AND 43 AVENUE (REBUILD SIGNAL PER 41 TH STREET WIDENING\] (E) 12 STREET AND INDIAN RIVER BOULEVARD \[REBUILD SIGNAL PER NEW SUBDIVISION\] THTH (F) 77 STREET AND 58 AVENUE \[NEW FLASHING BEACON\] ..................................................................................................... 21 11.I.2.PUBLIC WORKS – TURTLE CREEK PLANNED TH DEVELOPMENT (DEVELOPERS AGREEMENT) – 27 AVENUE SW WIDENING IMPROVEMENTS – LOCKWOOD LANE DEVELOPMENT GROUP, LLC ................................................. 22 October 11, 2005 4 11.J.1 – UTILITIES SERVICES – DEVELOPER’S AGREEMENT WITH IRC SCHOOL DISTRICT TO EXTEND MASTER PLANNED WATER MAIN TO NEW LIBERTY MAGNET SCHOOL SITE ...... 24 12.COUNTY ATTORNEY – HERON CAY STATUS REPORT .............. 25 13.D.1COMMISSIONER WESLEY S. DAVIS – SECURITY AT COMMISSION MEETINGS ..................................................................... 26 13.D.2.HISTORIC FISHING VILLAGE UPDATE ........................................... 27 14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 27 14.B.1.AMRMA9,2005 ................ 27 PPROVAL OF INUTES OF EGULAR EETING OF UGUST 14.B.2.C2005PH–SWDD ANCEL ETITION EARING OLID ASTE ISPOSAL ISTRICT AF ................................................................................................... 27 SSESSMENT EES 14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 27 14.C.1.AMRMS13,2005 ........ 28 PPROVAL OF INUTES OF EGULAR EETING OF EPTEMBER 14.C.2.RADTQ(J–S, EPORT OF CTIVITIES URING HIRD UARTER ULY EPTEMBER 2005) ........................................................................................................................ 28 October 11, 2005 5 October 11, 2005 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in th Regular Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday, October 11, 2005, at 9:00 a.m. Present were Chairman Thomas S. Lowther, Vice Chairman Arthur R. Neuberger, Commissioners Sandra L. Bowden, Wesley S. Davis, and Gary C. Wheeler. Also present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Ilea M. Petsel. 1. CALL TO ORDER Chairman Lowther called the meeting to order. 2. INVOCATION Jim Davis, Public Works Director, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Bowden led the Pledge of Allegiance to the Flag. October 11, 2005 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Lowther requested the following changes to today’s Agenda: Item Action Description 5.A. Addition Presentation by Chuck Mechling – Screen on the Green 7.C. Correction Should read Wednesday, October 26, 2005 not Thursday 9.B.1. Change Guy Barber spoke in place of Brian Heady ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously made the above changes to the Agenda. 5. PRESENTATION BY CHUCK MECHLING – SCREEN ON THE GREEN Chuck Mechling informed the Board about “Screen on the Green” events at Pointe West. He also gave some examples of movies that will be playing this season. 6. APPROVAL OF MINUTES – REGULAR MEETING AUGUST 16, 2005 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of August 16, 2005. There were none. ON MOTION by Commissioner Bowden, SECONDED by Vice Chairman Neuberger, the Board unanimously October 11, 2005 2 approved the Minutes of the Regular Meeting of August 16, 2005, as written and distributed. 7. CONSENT AGENDA 7.A. R EPORTS The following reports have been received and are on file in the office of the Clerk to the Board: 1.Sebastian Inlet Taxing District Commission, annual financial report and post audit report for FY 2003-04. Also a current map of the District and the meeting schedule for FY 2004-05 2.St. Johns River Water Management District – Fiscal Year Budget 2005- 2006 (Adopted September 28, 2005) 7.B AW–S23–29,2005 PPROVAL OF ARRANTS EPTEMBER ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for September 23 – 29, 2005, as requested. 7.C. UWPTD1, PCOMING ORKSHOPS AND RESENTATIONS HRU ECEMBER 2005 Discussion ensued on the time and transportation regarding the joint meeting with the City of Fellsmere on Thursday, November 17, 2005 at the City of Fellsmere chambers. October 11, 2005 3 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the upcoming workshops and presentations, as recommended in the memorandum of September 26, 2005. 7.D. DS–RBS EENA MITH ESIGNATION FROM THE EACH AND HORE PAC RESERVATION DVISORY OMMITTEE The resignation was noted for the record 7.E. PAPH:A ERMISSION TO DVERTISE FOR UBLIC EARING N OAC,S400.09–U RDINANCE MENDING THE ODE ECTION TILITY CPUNI ONNECTS ROHIBITED NTIL OTICE OF SSUANCE OF CO ERTIFICATE OF CCUPANCY ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously directed staff to Advertise for a Public Hearing for this ordinance amendment, and removing the $500.00 deposit to be posted with the County, as recommended in the memorandum of October 5, 2005. 7.F. PHJJ ROCLAMATION ONORING ACKIE AMES The proclamation was noted for the record. October 11, 2005 4 7.G. SAIA ECOND MENDMENT TO NTERLOCAL GREEMENT WITH THE CFTOFS ITY OF ELLSMERE RANSFERRING LD ELLSMERE CHOOL FCFTLO UNDS TO ITY OF ELLSMERE AND ERMINATING EASE OF LD FSBIRC ELLSMERE CHOOL Y ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved the amended Interlocal Agreement with the City of Fellsmere, as recommended in the memorandum of October 4, 2005. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.H. ABAS–UD NNUAL ID FOR LUMINUM ULFATE TILITIES EPARTMENT WTD–GCB ASTEWATER REATMENT IVISION ENERAL HEMICAL ID AN.2006014 WARD O ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously awarded the bid to General Chemical, authorized the Purchasing Division to issue blanket purchase orders for the period of October 1, 2005 through September 30, 2006, and authorized the Purchasing Manger to renew the Bid for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, and vendor October 11, 2005 5 acceptance, as recommended in the memorandum of September 30, 2005. 7.I. ABCS/U–HC NNUAL ID FOR AUSTIC ODATILITIES ARCROS HEMICAL I.–BN.2006004 NC ID O ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously awarded the bid to Harcros Chemical Inc., authorized the Purchasing Division to issue blanket purchase orders for the period of October 1, 2005 through September 30, 2006, and authorized the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, and vendor acceptance, as recommended in the memorandum of September 22, 2005. 7.J. ABZO–U– NNUAL ID FOR INC RTHOPHOSPHATE TILITIES SCC–BN.2006010 HANNON HEMICAL ORPORATION ID O ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously awarded the bid to Shannon Chemical Corporation, authorized the Purchasing Division to issue blanket purchase orders for the period of October 1, 2005 through September 30, 2006 with the recommended vendor, and authorized the Purchasing Manger to renew this Bid for two (2) October 11, 2005 6 additional and one (1) year periods subject to satisfactory performance, zero cost increase, and vendor acceptance, as recommended in the memorandum of September 30, 2005. 7.K. SFSAD TATE UNDED UBGRANT GREEMENT WITH THE EPARTMENT CA(DCA)–IRCS OF OMMUNITY FFAIRS NDIAN IVER OUNTY CHOOL D–PCMS ISTRICT ILOT OMMUNITY FOR EETING CHOOL CR ONCURRENCY EQUIREMENT Discussion ensued on the funds, other municipalities, and the scope of work detailed in the grant. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowden, the Board unanimously approved the State-Funded Subgrant Agreement, authorized the Chairman to execute the agreement, authorized the Community Development Director to provide DCA with any other data required by the agreement, authorized staff to negotiate with the DCA consultant for contract services, and authorized staff to initiate the consultant selection process if negotiations with the DCA consultant are unsuccessful, as recommended in the memorandum of October 3, 2005. GRANT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD October 11, 2005 7 7.L. R2005-168RS–R ESOLUTION OBERT CHMALENBERGER ELEASE OF E483049A(L4,BD,L TH ASEMENT AT VENUE OT LOCK INDSEY LSPI) ANES UBDIVISION HASE ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005-168 releasing a conservation easement on Lot 4, Block D, Lindsey Lanes Subdivision, Phase One. 7.M. R2005-169-MACE(M-AC ESOLUTION ULTIGENCY RIMINAL EU)–MBA NFORCEMENT NIT ISCELLANEOUS UDGET MENDMENT 001–PGIA ROJECT ENERATED NCOME GREEMENT WITTH THE FDLE LORIDA EPARTMENT OF AW NFORCEMENT ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved the Project Generated Income agreements (4) totaling $144,885.14 and adopted Resolution 2005-169 amending the fiscal year 2005-2006 budget. 7.N. R2005-170–MBA ESOLUTION ISCELLANEOUS UDGET MENDMENT 022 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted October 11, 2005 8 Resolution 2005-170 amending the fiscal year 2004-2005 budget. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.O. ATM,I.(ATM)–F PPLIED ECHNOLOGY AND ANAGEMENT NC INAL PRR–C AYMENT AND ELEASE OF ETAINAGE ONTRACT A910 MENDMENTS AND ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved the application for release of retainage, as recommended in the memorandum of October 3, 2005. 7.P. R--WA–BH.CM. IGHTOFAY CQUISITION YRON AND OLLEEN B()–66A8SM THTH EATTY OWNERS VENUE NORTH OF TREET TO AIN RCS7T33SR ELIEF ANAL ALL LYING IN ECTION OWNSHIP ANGE 39E Commissioner Bowden asked if staff conducted an appraisal on the property and stated that purchases of this magnitude need not come under the Consent agenda. Discussion ensued and it was determined that there had not been a formal appraisal conducted on the property, but it was purchased at a reasonable price. ON MOTION by Commissioner Bowden, SECONDED by Vice Chairman Neuberger, the Board unanimously October 11, 2005 9 approved the $464,013.00 purchase and authorized the Chairman to execute the agreements, as recommended in the memorandum of September 30, 2005. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.Q. FCFWL4,B13,V LOODPLAIN UT AND ILL AIVER FOR OT LOCK ERO LEU2–CJ.K,J.,P.E. AKE STATES NIT HRISTOPHER AFER R ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)4, as recommended in the memorandum of September 29, 2005. 7.R. BCWFMR/RF EST AR ASH ORCE AIN ELOCATIONEPLACEMENT INAL P–DCI.–CON.1 AYMENT ANELLA OMPANIES NC HANGE RDER O ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved Change Order No. 1, authorized the Chairman to execute Change Order No. 1, and approved the Application for Payment No. 1 (final) to The Danella Companies for $18,334.87, as recommended in the memorandum of September 30, 2005. October 11, 2005 10 CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.S. BASAIRCBN.7079– ID WARD AND AMPLE GREEMENT FOR ID O BVSWA–U LOCK ILLA UBDIVISION ATER SSESSMENT NDERGROUND U,I. TILITIES NC ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously awarded the bid to Underground Utilities, Inc., approved the Sample Agreement, and authorized the Chairman to execute said agreement when the required performance and payment bonds have been submitted along with the appropriate certificate of insurance and the County Attorney has approved the agreement as to form and legal sufficiency, as recommended in the memorandum of September 30, 2005. 9.A.1. PUBLIC HEARING - REPORT ON THE ARCHIE SMITH/JOHNNY MAYS FISH HOUSE (A.K.A. SEBASTIAN HISTORIC FISHING VILLAGE) ENVIRONMENTAL LANDS PROGRAM ACQUISITION PROJECT – HAROLD ADAMS PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD October 11, 2005 11 Environmental Planning Chief Roland DeBlois explained why staff was unable to bring the Board a purchase contract and gave the Board an update regarding the project. He stated today’s request is to ask direction on obtaining appraisals. Discussion ensued on bringing this item back to the Land Acquisition Advisory Committee, concerns about losing the project if it is not sped up, and the pros and cons of buying two new appraisals. The Chairman opened the Public Hearing nd Frank Wagel , 8060 142 Street, Sebastian, felt the project is commendable but does not see the need for two new appraisals. Richard Baker, President of the Audubon Society, Sebastian, expressed that he liked this project but felt that this will set a precedent in land acquisition. Discussion ensued and Commissioner Wheeler felt this should go back to the Land Acquisition Committee. Susan Grandon , Trust For Public Land, stated this project would be a good candidate to receive funding from Florida Communities Trust (FCT). Commissioner Davis explained the Board still has time to work out the details of this project but staff needs to move forward on the appraisals. County Administrator Joseph Baird clarified that all staff is asking is to obtain two appraisals and keep this project alive. Russell Herman , 586 Redwood Court, Sebastian, stated this matter should go back to LAAC for clarification. The Chairman closed the public hearing. MOTION was made by Commissioner Davis, SECONDED by Vice Chairman Neuberger to approve staff’s recommendations. October 11, 2005 12 Commissioner Wheeler stated he could support the motion if the Trust for Public Lands appraisal was purchased as one of the two required appraisals needed. Commissioner Bowden concurred with Commissioner Wheeler. The Chairman CALLED THE QUESTION and the Board (by a 3-2 vote, Commissioners Wheeler and Bowden opposed) authorized staff to obtain two independent appraisals of the Johnny Mays Fish House (Harold Adams) property, and initiate direct negotiations with Mr. Adams, as recommended in the memorandum of October 5, 2005. 9.A.2. RESOLUTION 2005-171 - PUBLIC HEARING TH ABANDONMENT OF THE PORTION OF 46 STREET TH LYING EAST OF 47 COURT WITHIN THE CAVALIER ESTATES SUBDIVISION – KENNETH JACKSON PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling used the projector to illustrate the location; the criteria staff used to determine their recommendation, and gave an explanation of the parcels surrounding the proposed abandonment. The Chairman opened the public hearing. th Alfred Ballwin , 4740 47 Court, stated that he has no objection to the abandonment as long as it does not affect the Royal Preserve. October 11, 2005 13 Kenneth Jackson , petitioner, explained he and his neighbor have been maintaining the property for the past eight years and this abandonment will allow them to beautify it by being able to plant grass and turn the sprinklers on it. The Chairman closed the public hearing. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005-171 providing for the closing, abandonment, vacation and discontinuance of a portion of thth 46 Street lying east of 47 Court in Cavalier Estates, reserving a drainage and utility easement over the entire right-of-way. 9.A.3. ORDINANCE 2005-045 – BEALE HOLDING INC. – REZONE 7.74 ACRES FROM CH TO CG PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating gave the history of the proposal and explained it is the same proposal that came to the Board on September 6, 2005. He used a PowerPoint presentation (copy on file) to illustrate the location, the size, the current zoning, and the surrounding area zoning. Mr. Keating stated that a fast-food restaurant would be allowed on both the CH and CG zonings and staff recommends approval. The Chairman opened the public hearing. Bob Johnson , Coral Wind Subdivision, stated he understood from the September 6, 2005 meeting that this item was to be tabled until the owner came back with a PD (Planned Development). October 11, 2005 14 County Attorney William Collins clarified that the applicant is still entitled to a decision on his original request since he did not come back with a Planned Development. Mr. Johnson explained there are no minutes to review currently for the previous meeting when the Board discussed this proposal and Coral Winds subdivision does not support the rezoning. He recommended that the Board also not support the rezoning. Bill Mills , represented Beale Holdings Inc., 800 8th Street, explained what the owner would like on the property, the meeting with Kenwood Village, and possibly making the buffer larger for the people that directly abut the proposed property. Beth Mill , Kenwood Village, requested this item be tabled or not supported at this time. Pam Tory , Kenwood Village, stated she should not even be here since this has not come back to the Board as a Planned Development (PD) and suggested the Board vote against the rezoning. Jerry Rodan , Kenwood Village, gave the Board a statement (copy on file) stating that Kenwood Village Homeowners Association does not approve or endorse any agreement with the recent rezoning request of Beale Holdings, Inc. He felt that a longer period of time is needed to make an appropriate assessment on this property and voted against the proposed rezoning. Andrew Erickson, Kenwood Village, stated he and neighbor Dick Bowman would be the most affected by the rezoning and he and Mr. Bowman both support the rezoning. Dick Bowman , Kenwood Village, was in agreement with Mr. Erickson and he expressed his disagreement with the other residents of Kenwood Village. Bob Johnson , Coral Wind Subdivision, clarified the location of Coral Wind Subdivision in relation to the project. Joe McCalco , Kenwood Village, shared the opinion of Mr. Erickson and Mr. Bowman and spoke in support of the rezoning. Pam Tory , Kenwood Village, would like Mr. Beale to put his plans in writing. Renee Renzi , Waverly Place, commented on a remark made by Chairman Lowther. The Chairman closed the public hearing. October 11, 2005 15 ON MOTION by Commissioner Davis, SECONDED by Commissioner Bowden, the Board unanimously adopted Ordinance 2005-045 amending the zoning ordinance and the accompanying zoning map for +/- 7.74 acres located th North of 9 Street Southwest and approximately 580 Feet rd East of 43 Avenue, from CH, Heavy Commercial District to CG, General Commercial District. (CLERK’S NOTE: The Chairman called a short recess at 10:55 a.m. and the meeting was reconvened at 11:04 a.m.with all members present.) 9.A.4. RESOLUTION 2005-172 – CRYSTAL SANDS PETITION THTHTH WATER SERVICE 47 AND 48 PLACE AND 48 STREET, RD EAST OF 43 AVENUE – PROJECT NO. UPC-2507 (RESOLUTION III) Manager of Assessment Projects Dan Chastain gave the history, location, estimated cost, and percentage of the homeowners who support the project. The Chairman open public hearing th Wanda Monings , 2040 48 Street, spoke in support of the project. The Chairman closed the public hearing. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted October 11, 2005 16 Resolution 2005-172 confirming the special assessments in connection with water main expansion to Crystal Sands ththth Subdivision (47 Place, 48 Place, and 48 Street east of rd 43 Avenue). 9.A.5. REVISED FIVE-YEAR OPTIONAL SALES TAX CAPITAL PLAN – FISCAL YEAR 2005/06 THROUGH 2009/10 Office of Management and Budget Director Jason Brown used a PowerPoint presentation to illustrate the background, the five-year plan summary, and a breakdown of the funding. Discussion ensued on Fire/EMS stations. Commissioner Wheeler felt the Fire/EMS stations should be completed before the addition to the Jail is started. County Administrator Joseph Baird pointed out page 206 of the backup, which gave an estimate of the start of construction of the new Fire/EMS stations. He also explained the reasons for the deferment and assured the stations are a priority. Discussion ensued on the various stations in Indian River County and making public safety a priority. County Administrator Baird stated he could move construction of Station 12 forward if the Board wished and Public Works Director Jim Davis gave an update on road and bridge projects. The Chairman opened the public hearing. Guy Barber , Vero Beach, questioned the price fluctuations on the County Administration Building over the past years. He stated the last priority should be the County Administration Building. October 11, 2005 17 Administrator Baird explained that the Supervisor of Elections Office requires special accommodations for the computerized voting machines and that is why their offices have been separated. Frank Coffe , 1200 Admirals Walk, felt the priorities of the Board were wrong and that even before the hurricanes of 2004 the Fire Stations were in horrible condition. He also gave the history of the County Administration Building. th Alfred Ballwin , 4740 47 Court, received clarification that the County does not have the jurisdiction to levy the local option sales tax more than one cent. Bob Johnson , Coral Wind Subdivision, does not see where it would be a significant impact to return the Emergency Operations Center (EOC) grant monies and return to housing the EOC at the main administration building. The Chairman closed the public hearing. ON MOTION by Commissioner Davis, SECONDED by Commissioner Bowden, the Board unanimously approved (by a 4-1 vote Commissioner Wheeler opposed) Revised Five-Year Optional Sales Tax Capital Plan – fiscal year 2005/06 through 2009/10, as recommended in the memorandum of October 3, 2005, and directed staff to bring back the ramifications of moving ahead with Fire Station 12. (Clerks Note: Vice Chairman Neuberger left the meeting at 12:01 p.m.) 9.B.1. PUBLIC DISCUSSION – GUY BARBER SPOKE IN PLACE OF BRIAN T. HEADY REGARDING RECENT SCHOOL LAND October 11, 2005 18 PURCHASE AND POTENTIAL EXPANSION OF THE URBAN SERVICE AREA (USA) Guy Barber , Vero Beach, gave a history of a recent School Board Meeting where th they decided to buy 152 acres on 66 Avenue. He explained the School Board plans to buy the land with borrowed monies and that the 152 acres will receive Urban Services. Urban Services placed on that 152 acres will not be owned by the School Board but by the company the School Board borrowed the money from. Once Urban Services are in place how will the County stop the lease owner from letting parcels of the land go to a Developer. Commissioner Davis stated the School Board does not have the authority to zone and expand the Urban Services Area. Commissioner Wheeler stated that when utilities are placed on the property the pressure would be very great to use the property for residential use. NO ACTION REQUIRED OR TAKEN. 9.C. NOTICE OF SCHEDULED PUBLIC HEARING OCTOBER 18, 2005: AOBCCI N RDINANCE OF THE OARD OF OUNTY OMMISSIONERS OF NDIAN RC,F,AIRC IVER OUNTY LORIDA MENDING NDIAN IVER OUNTY CC401,BC,AU ODE HAPTER UILDING ODES TO DOPT THE PDATED AMC;P AND MENDED AINTENANCE ODE ROVIDING FOR C;PS;P ODIFICATION ROVIDING FOR EVERABILITY AND ROVIDING ED(DO4, FOR AN FFECTIVE ATE MEMORANDUM ATED CTOBER 2005)(L) EGISLATIVE October 11, 2005 19 The Chairman read the notice into the record. Vice Chairman Neuberger left for a prior arrangement @ 10. COUNTY ADMINISTRATORS MATTERS – FORUM ON THE ADAMS RANCH RURAL LANDS STEWARDSHIP AND TOWNS, VILLAGES AND COUNTRYSIDE CONCEPT County Administrator Joseph Baird explained he received a letter from Lawrence Reeseman (Press Journal) stating there will be a video available regarding the Adams Ranch Rural Lands Stewardship and towns, villages and countryside concept. Mr. Baird would like direction regarding airing this meeting on the County’s television channel. Commissioner Wheeler would like to see the video before airing to make sure there are no sales pitches involved. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowden, the Board approved (by a 4-0 vote Vice Chairman Neuberger absent) viewing the video of the meeting before airing it on the County’s television channel. 11.G.1. OFFICE OF MANAGEMENT AND BUDGET – COUNTY ADMINISTRATION BUILDING AND IRC JAIL EXPANSION PROPOSED BUDGETS AND APPROVAL OF INTERFUND BORROWING October 11, 2005 20 Office of Management and Budget Director Jason Brown explained this request is to approve the interfund borrowing for the County Administration building and the Jail Expansion. He clarified the borrowing is from the sales tax funds to the impact fee fund. Commissioner Wheeler felt the interfund borrowing for the Jail expansion is being done prematurely. MOTION WAS MADE by Commissioner Wheeler to deny staff’s recommendations. The motion FAILED for lack of a second. ON MOTION by Commissioner Davis, SECONDED by Commissioner Bowden, the Board approved (by a vote of 3-1 Commissioner Wheeler opposed and Vice Chairman Neuberger absent) interfund borrowing from the Optional Sales Tax Fund (315) to the County Impact Fee Fund (103) and the debt service schedules for each project, as recommended in the memorandum of October 5, 2005. 11.I.1. PUBLIC WORKS – TRAFFIC SIGNALIZATION PLANS PREPARATION FOR THE FOLLOWING INTERSECTIONS ST (A) C.R. 512 AND 101 AVENUE \[NEW TRAFFIC SIGNAL\] TH (B) OSLO ROAD AND 20 AVENUE \[REBUILD SIGNAL PER STTH OSLO WIDENING\] (C) 41 STREET AND 58 AVENUE STST \[REBUILD SIGNAL PER 41 STREET WIDENING\] (D) 41 RDST STREET AND 43 AVENUE (REBUILD SIGNAL PER 41 October 11, 2005 21 TH STREET WIDENING\] (E) 12 STREET AND INDIAN RIVER BOULEVARD \[REBUILD SIGNAL PER NEW SUBDIVISION\] THTH (F) 77 STREET AND 58 AVENUE \[NEW FLASHING BEACON\] – FDSI, KIMLEY HORN AND ASSOCIATES, AND W.F. MULHEARN st Discussion ensued and it was stated that the new traffic signal at 101 Avenue should be completed within 90-days. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously authorized (by a vote of 4-0 Vice Chairman Neuberger absent) County staff to issue purchase orders to FDSI, Kimley-Horn and W.F. Mulhearn to proceed with the traffic signalization plans preparation, as recommended in the memorandum of September 28, 2005. 11.I.2. PUBLIC WORKS – TURTLE CREEK PLANNED TH DEVELOPMENT (DEVELOPERS AGREEMENT) – 27 AVENUE SW WIDENING IMPROVEMENTS – LOCKWOOD LANE DEVELOPMENT GROUP, LLC A MOTION WAS MADE by Commissioner Wheeler to approve staff’s recommendations, SECONDED by Chairman Lowther for discussion. October 11, 2005 22 th Public Works Director Jim Davis explained that the extent of the four-laning 27 th Avenue from Oslo to 13 Street SW would provide enough capacity on the link for this development to go ahead. Commissioner Davis expressed his concerns with having roads in place in order to meet capacity and concurrency before building the development. County Administrator Joseph Baird felt the requirements are fair and the Board should stay with the decision that was made at the previous meeting regarding road concurrency and capacity. Commissioner Davis clarified that when the County does require the developer to build the road, that developer should be able to purchase the capacity that they are building. Jeff Blackstone , Brackett and Company, was concerned with not being able to purchase the use of the improvements after they have been put into place. Mr. Blackstone requested this item be tabled. th Public Works Director Jim Davis pointed out that, contingent on the 27 Street widening project being approved, the developer could apply for traffic impact fee credits. Joseph Paladin , Chairman of the Growth Awareness Committee, felt it was inappropriate to talk about changing the ordinance today before being made aware of the repercussions. Commissioner Davis WITHDREW his motion AND Chairman Lowther WITHDREW his second. ON MOTION by Commissioner Wheeler, SECONDED by Chairman Lowther, the Board unanimously approved October 11, 2005 23 (by a 4-0 vote Vice Chairman Neuberger absent) tabling this item. (CLERK’S NOTE: The Chairman called a short recess at 12:37 p.m. and the meeting was reconvened at 12:46 p.m. with all members present except Vice Chairman Neuberger.) 11.J.1 – UTILITIES SERVICES – DEVELOPER’S AGREEMENT WITH IRC SCHOOL DISTRICT TO EXTEND MASTER PLANNED WATER MAIN TO NEW LIBERTY MAGNET SCHOOL SITE Commissioner Wheeler asked how the County would pay for the impact fees that the School Board is exempt from. Utilities Capital Project Manager Mike Hotchkiss explained reimbursement would be paid through capacity charges. Director of Utilities Eric Olson explained the County is charging the School Board a quarter of a million dollars for all aspects of the cost that would be associated with the proportionate share of the Master Plan Line to get to this point. Commissioner Wheeler expressed his concerns with the Enterprise fund having to front the money. He felt the entire County should have to share in the cost. Director Olson clarified the Utility fund is not taking on any costs. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowden, the Board unanimously approved (by a 4-0 vote Vice Chairman Neuberger absent) the Developer’s Agreement, authorized the Utilities Department to recover capacity charges and line extension October 11, 2005 24 fees from future development, and authorized the Chairman to execute same, as recommended in the memorandum of September 30, 2005. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12. COUNTY ATTORNEY – HERON CAY DRAINAGE STATUS REPORT County Attorney William Collins gave the history of the Heron Cay issue including previous investigations and steps made to try to resolve the issue. He stated the issue has gone to court and the judge decided that the Code Enforcement Board is to decide whether there are any violations and who is responsible for them. Once the Code Enforcement Board has ruled it will go back to court as a civil suit and the judge will decide on all of the legal issues. Attorney Collins suggested surveying a quarter of the properties cited to have severe problems and notifying all of the residents of Heron Cay that there will be a Code Enforcement hearing. Commissioner Wheeler felt this is also a health and welfare issue, not only for the people in the mobile homes but for the surrounding residents also. He asserted if this was a health and welfare issue it needs to be fixed. County Attorney William Collins explained that because it is a health and welfare issue there is a possibility that the residents may have to bear the expense of correcting the problem and if the homes have to be moved to place fill in then it could cost up to ten thousand dollars a unit. Bob Toll , 231 Bimini Cay Circle, reminded the Board of the judges decision and stated that five percent of the homes should be surveyed to get a fair and accurate picture. Gwendolyn Rip , President of the Homeowner’s Association at Heron Cay was concerned with the amount of surveys to be done. She stated that Heron Cay residents believe October 11, 2005 25 the stormwater drainage system has not been maintained and that any damage to the tie-downs is a result of the lack of maintenance of the stormwater system. Ms. Rip felt that the County should first find out the problem before taking action. Ed Cameron , 467 Bimini Cay Circle, gave his educational and career background in engineering and he felt an engineering firm should conduct the surveys not a surveying agency. Steve Magnavey , 428 Bimini Cay Circle, explained that in every case the property owner has thrown up roadblocks not the residents. Discussion ensued on tie-down laws and the new installations at Heron Cay, whether a surveyor or an engineer would be the best person to conduct the surveys, and what needs to be done to get the water from accumulating under the homes. Ms. Rip , quoted from a letter Bob Keating wrote to the park owner and she stated that the issue is avoiding water being under the homes to begin with. On MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler the Board approved (by a vote of 4-0 Vice Chairman Neuberger absent) conducting topographical surveys on 28 homes alleged to have severe drainage problems and directed the County Attorney to contact the park owner about participation in the cost of the survey. 13.D.1 COMMISSIONER WESLEY S. DAVIS – SECURITY AT COMMISSION MEETINGS October 11, 2005 26 Commissioner Davis commented about security at County Commission meetings with Sheriff Roy Raymond. Sheriff Roy Raymond stated that a deputy could possibly be better used somewhere beside a County Commission meeting. He asserted that an officer would be available but only if the Board requested it. ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously removed (by a 4-0 vote Vice Chairman Neuberger absent) the request to have a deputy present at the daytime County Commission meetings unless requested by a Board member. 13.D.2. HISTORIC FISHING VILLAGE UPDATE Commissioner Davis explained there has not been enough information gathered on this issue for it to be discussed at this time. 14.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment of the, the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately and are appended to this document. 14.B.1.AMRMA9, PPROVAL OF INUTES OF EGULAR EETING OF UGUST 2005 14.B.2.C2005PH–SWD ANCEL ETITION EARING OLID ASTE ISPOSAL DAF ISTRICT SSESSMENT EES 14.C. ENVIRONMENTAL CONTROL BOARD October 11, 2005 27 The Chairman announced that immediately upon adjournment of the Solid Waste Disposal District Meeting, the Board would reconvene as the Board of Commissioners of the Environmental Control Board. Those Minutes are being prepared separately and are appended to this document. 14.C.1.AMRMS PPROVAL OF INUTES OF EGULAR EETING OF EPTEMBER 13,2005 14.C.2.RADTQ(J– EPORT OF CTIVITIES URING HIRD UARTER ULY S,2005) EPTEMBER 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, on Motion duly made, seconded and carried, the Board adjourned at 1:47 p.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman Minutes Approved: _________________ ip October 11, 2005 28