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Home My WebLink About10/24/2006 (3) INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF OCTOBER 24, 2006 1.CALL TO ORDER .............................................................................................................. 10 2.INVOCATION .................................................................................................................... 10 3.PLEDGE OF ALLEGIANCE ............................................................................................. 10 4.ADDITIONS/DELETIONS TO THE AGENDA/ EMERGENCY ITEMS ......................... 11 5.PROCLAMATIONS AND PRESENTATIONS .................................................................. 11 5.A. PRESENTATION OF PROCLAMATION HONORING GUSTAV (GUS) POST ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, FOR SIXTEEN YEARS SERVICE, DEPARTMENT OF GENERAL SERVICES, BUILDINGS & GROUNDS DIVISION .......................................................................................................11 5.B. PRESENTATION OF PROCLAMATION HONORING LORRAINE POST ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, FOR SEVENTEEN YEARS SERVICE, DEPARTMENT OF UTILITY SERVICES, CUSTOMER SERVICE DIVISION ........................................................................................12 6.APPROVAL OF MINUTES ............................................................................................... 12 6.A. REGULAR MEETING OF SEPTEMBER 12, 2006 ................................................................12 6.B. SEPTEMBER 12, 2006 – CONTINUED PUBLIC HEARING - TREVISO ..............................12 6.C. SEPTEMBER 26, 2006 – JOINT SCHOOL CONCURRENCY WORKSHOP ..........................13 October 24, 2006 1 7.CONSENT AGENDA ......................................................................................................... 13 7.A. 4 LAKES L.L.C.’S REQUEST FOR FINAL PLAT APPROVAL FOR A SUBDIVISION TO BE KNOWN AS 4 LAKES ............................................................................................................13 7.B. MR. MICHAEL STASZEWSKI’S REQUEST FOR FINAL PLAT APPROVAL FOR A SUBDIVISION TO BE KNOWN AS STASZEWSKI SUBDIVISION ........................................14 7.C. WINDSOR PROPERTIES, INC.’S REQUEST FOR RELEASE OF EASEMENTS ON LOTS 2, 3, 4 & 5, BLOCK 21, OF WINDSOR PD PHASE III (ADMINISTRATIVE) ............................14 7.D. JOHN REXFORD’S REQUEST FOR PARTIAL RELEASE OF EASEMENTS AT 630 EAST POINT COURT SW (LOTS 33 & 34, PRESERVATION POINTES PD PHASE II – TIMBER RIDGE PRD) (ADMINISTRATIVE) .......................................................................................14 7.E. LENNAR COMMUNITIES OF SOUTH FLORIDA INC.’S REQUEST TO REPLAT PORTIONS OF VERONA TRACE SUBDIVISION AND THE VILLAS AT VERONA TRACE .15 7.F. CONSIDERATION OF REVISED INDIAN RIVER COUNTY LOCAL HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2006-07 THROUGH 2008-09 .............................15 7.G. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC BID #206104 WINTER BEACH PARK WATER ASSESSMENT PROJECT, UTILITIES DEPARTMENT .....16 7.H. APPROVAL OF BID AWARD FOR IRC BID #2007013 ANNUAL BID FOR ZINC ORTHOPHOSPHATE, UTILITIES DEPARTMENT ..............................................................17 7.I. POST HURRICANES FRANCIS & JEANNE EMERGENCY DUNE RESTORATION – SECTORS 3 AND 5, FINAL PAYMENT AND FULL RELEASE OF RETAINAGE, RANGER CONSTRUCTION INDUSTRIES, INC ...................................................................................17 7.J. JUNGLE TRAIL SHORELINE STABILIZATION PROJECT, FINAL PAYMENT AND FULL RELEASE OF RETAINAGE FOR LUCAS MARINE CONSTRUCTION, LLC ........................18 October 24, 2006 2 7.K. APPROVAL OF WORK ORDER NO. 3-RR FOR THE ROCKRIDGE SUBDIVISION SURGE PROTECTION PROJECT .....................................................................................................18 7.L. FINAL PAYMENT – ADDENDUM NO. 12 (MASTELLER & MOLER, INC) PROFESSIONAL ENGINEERING SERVICES AGREEMENT, CR 512 CORRIDOR IMPROVEMENTS – IRC PROJECT NO. 9611 ......................................................................19 7.M. RIGHT-OF-WAY ACQUISITION, CHARLES W. AND KATHLEEN M. BEHLER, TH POWERLINE ROAD (70 AVENUE), PARCEL I.D. #30-39-31-00000-0500-00014.0 .........19 7.N. REQUEST FOR RELEASE OF RETAINAGE FOR KIMLEY-HORN AND ASSOCIATES, THTH INC., 4 STREET BRIDGE REPLACEMENT OVER COOCH DITCH (35 AVENUE), IRC PROJECT NO. 0209 ..............................................................................................................20 7.O. PARTIAL RELEASE OF RETAINAGE OF THE PROFESSIONAL ENGINEERING / LAND TH SURVEYING SERVICES FOR THE 5 STREET SW BRIDGE OVER LATERAL “C” RD CANAL AND 43 AVENUE BRIDGE OVER SOUTH RELIEF CANAL ................................20 7.P. OSLO ROAD BRIDGE REPLACEMENTS AND ROADWAY WIDENING ENGINEERING SERVICES PARTIAL RELEASE OF RETAINAGE.................................................................21 7.Q. INDIAN RIVER COUNTY PUBLIC WORKS MAINTENANCE COMPLEX, PROFESSIONAL ARCHITECTURAL / ENGINEERING SERVICES CONTRACT, FINAL PAYMENT AND RELEASE OF RETAINAGE ..................................................................................................21 7.R. AMENDMENT NO. 3 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT RDTH FOR 43 AVENUE ROADWAY AND DRAINAGE IMPROVEMENTS FROM 8 STREET TH TO 18 STREET ...................................................................................................................22 7.S. TRI-PARTY SUBLEASE AGREEMENT AMONG VERIZON WIRELESS, CINGULAR WIRELESS, AND INDIAN RIVER COUNTY FOR CO-LOCATION ON TOWER AT SOUTH COUNTY RO PLANT, OSLO ROAD......................................................................................22 7.T. CONTRACT FOR LEGAL SERVICES FOR EMINENT DOMAIN CASES .............................23 October 24, 2006 3 7.U. PROPOSED SETTLEMENT OF BROWN & BROWN, INC. D/B/A/ PREFERRED GOVERNMENTAL SOLUTIONS V. INDIAN RIVER COUNTY, CIRCUIT COURT CASE 2005-0223-CA-03 ..................................................................................................................23 7.V. THE OAKS OF VERO - P.D., PHASE 2, DEVELOPER: SDG KINGS, INC. (BRET SOVEREL, PRESIDENT), REQUEST FOR MODIFICATION TO CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS AND CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK IMPROVEMENTS ......................................24 7.W. BROOKFIELD AT TRILLIUM PHASE “A”, DEVELOPER; WOODSIDE TRILLIUM, LLC (WILLIAM HANDLER, MANAGER), MODIFICATION TO CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK IMPROVEMENTS ......................................25 7.X. STONEYBROOK FARM, DEVELOPER: STONEYBROOK FARMS GROUP, L.L.C. RATIFICATION OF SECOND MODIFICATION TO CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS .......................................................................................25 7.Y. HYDRAULIC IMPROVEMENTS TO LIFT STATION NO. 109 AND UPGRADES OF LIFT STATION NO. 108 AND LIFT STATION NO. 115, BID NO. 2006013, APPROVAL OF FINAL PAYMENT TO CONTRACTOR AND RELEASE OF RETAINAGE, UCP #2493.........26 7.Z. RELEASE OF PARTIAL RETAINAGE WITH INDIAN RIVER INDUSTRIAL CONTRACTORS FOR THE CENTRAL PLANT EXPANSION UCP #2347 AMENDMENT 2 TO BID NO. 7029 ..................................................................................................................27 7.AA. PROCLAMATION HONORING BETTY M. BOGER ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, FOR TEN YEARS OF SERVICE, DEPARTMENT OF UTILITY SERVICES, CUSTOMER SERVICE .......................27 7.BB. ACCEPTANCE CHANGE ORDER NO. 17, FOR THE NEW COUNTY ADMINISTRATION BUILDINGS ..........................................................................................................................28 7.CC. MICROSOFT ENTERPRISE AGREEMENT ..........................................................................28 October 24, 2006 4 7.DD. MISCELLANEOUS BUDGET AMENDMENT 002 ...............................................................29 7.EE. CONTINUING SERVICES FOR WATER AND WASTEWATER ENGINEERING CONSULTANTS REQUEST FOR QUALIFICATIONS ..........................................................29 7.FF. COMMISSION AGENDA PUBLIC DISCUSSION FORM .....................................................29 7.GG. THIRD PARTY CLAIMS ADMINISTRATION AGREEMENT ................................................30 7.HH. OUT OF COUNTY TRAVEL TO ATTEND PROPERTY TAX – HOMESTEAD & SAVE OUR HOMES PORTABILITY WORKGROUP MEETING ..............................................................31 7.II. OUT OF COUNTY TRAVEL TO ATTEND THE FLORIDA ASSOCIATION OF COUNTIES 2007 LEGISLATIVE CONFERENCE ....................................................................................31 7.JJ. OUT OF COUNTY TRAVEL TO ATTEND THE 2007 NATIONAL CONFERENCE ON BEACH PRESERVATION TECHNOLOGY ...........................................................................32 7.KK. OUT OF COUNTY TRAVEL TO ATTEND THE NATIONAL HURRICANE CONFERENCE .32 7.LL. 2006 ELECTION OF AGRICULTURE ADVISORY COMMITTEE VICE CHAIRMAN ..........32 7.MM. RESOLUTION URGING THE FLORIDA LEGISLATURE TO CALL A SPECIAL SESSION TO STUDY AND ENACT LEGISLATION ADDRESSING THE INSURANCE CRISIS IN FLORIDA 33 7.NN. 2006 ELECTION OF SCHOOL PLANNING CITIZENS OVERSIGHT COMMITTEE CHAIRMAN AND VICE CHAIRMAN ....................................................................................33 7.OO. APPROVAL OF WARRANTS – SEPTEMBER 29 – OCTOBER 5, 2006 .................................33 7.PP. APPROVAL OF WARRANTS – OCTOBER 6 – 12, 2006 ......................................................34 7.QQ. REPORTS PLACED ON FILE IN THE OFFICE OF CLERK TO THE BOARD: .................34 8.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE.......... 34 9.PUBLIC ITEMS ................................................................................................................. 35 October 24, 2006 5 9.A. PUBLIC HEARINGS .............................................................................................................35 9.A.1. PRIME HOMES AT PORTOFINO VILLAGE COMMERCIAL, LTD.’S REQUEST FOR ABANDONMENT OF A PORTION OF 94TH COURT (FORMERLY KNOWN AS 133RD AVENUE) NORTH OF STATE ROAD 60 (LEGISLATIVE) ...................................................35 TH 9.A.2. WCI COMMUNITIES INC.: REQUEST TO ABANDON TWO SEGMENTS OF 46 AVENUE (SUNRISE STREET) BETWEEN US HIGHWAY 1 AND CR 510 IN WABASSO (LEGISLATIVE) ....................................................................................................................36 9.A.3. IHP’S REQUEST TO REZONE 3.52 ACRES FROM CG TO OCR (QUASI-JUDICIAL) ......38 9.A.4. DOUBLE R&D INC.’S REQUEST TO AMEND THE COMPREHENSIVE PLAN TO REDESIGNATE + 40.23 ACRES FROM R TO L-1, AND TO REZONE THOSE + 40.23 ACRES FROM A-1 TO RS-3 (LEGISLATIVE) .......................................................................39 9.A.5. COUNTY INITIATED REQUEST TO AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP BY REDESIGNATING ±3,088 ACRES FROM C-1 TO AG-2 (LEGISLATIVE) ....................................................................................................................43 9.A.6. COUNTY INITIATED REQUEST TO AMEND THE COUNTY’S COMPREHENSIVE PLAN TO REDESIGNATE ±46.51 ACRES FROM L-2 TO PUB (LEGISLATIVE) ............................47 9.A.7. QUAIL RIDGE OF VERO BEACH, LLC’S REQUEST TO AMEND THE TEXT OF THE COMPREHENSIVE PLAN’S FUTURE LAND USE ELEMENT (LEGISLATIVE) ..................48 9.A.8. FIRST OF TWO PUBLIC HEARINGS TO ENLARGE COUNTY SEAT – OFFICE OF THE SUPERVISOR OF ELECTIONS ............................................................................................52 9.B. PUBLIC DISCUSSION ITEMS ..............................................................................................53 9.B.1. REQUEST TO SPEAK FROM JOSEPH PALADIN, CHAIRMAN OF THE GROWTH AWARENESS COMMITTEE REGARDING EX-PARTE COMMUNICATION WITH BOARD OF COUNTY COMMISSION AND/OR STAFF BY OPPOSING COUNSEL UNDER RULE 4-4.2 RULES REGULATING THE FLORIDA BAR ................................................................53 October 24, 2006 6 9.B.2. REQUEST TO SPEAK FROM RICHARD E. TORPY, ESQUIRE, REGARDING CONTRACTOR/DEVELOPER BONDING REQUIREMENTS IN REFERENCE TO THE LAKES AT SAND RIDGE SUBDIVISION ..............................................................................54 9.B.3. REQUEST TO SPEAK FROM SCOTT DILLON REGARDING CONDEMNATION OF A PROJECT AND DESTRUCTION OF PERSONAL PROPERTY .............................................55 9.C. PUBLIC NOTICE ITEMS - NONE ........................................................................................56 10.COUNTY ADMINISTRATORS MATTERS ...................................................................... 57 10.A. USE OF INMATES/TRUSTEES FOR MAINTENANCE SERVICES .......................................57 11.DEPARTMENTAL MATTERS .......................................................................................... 58 11.A. COMMUNITY DEVELOPMENT ...........................................................................................58 11.A.1. CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES ........58 11.B. EMERGENCY SERVICES - NONE ........................................................................................58 11.C. GENERAL SERVICES - NONE .............................................................................................59 11. D. HUMAN RESOURCES - NONE .........................................................................................59 11.E. HUMAN SERVICES - NONE .................................................................................................59 11.F. LEISURE SERVICES – NONE...............................................................................................59 11.G. OFFICE OF MANAGEMENT AND BUDGET – NONE ........................................................59 11.H. RECREATION - NONE........................................................................................................59 11.I. PUBLIC WORKS ..................................................................................................................59 11.I.1. PROPERTY ACQUISITION, 8866 92ND COURT, CR 510 WIDENING AND IMPROVEMENTS, COUNTY PROJECT NO. 0610, DEVANAND & ROOKMINEE MAHARAJ, OWNERS ............................................................................................................59 October 24, 2006 7 11.I.2. FALCON TRACE SUBDIVISION – THIRD AMENDMENT TO THE DEVELOPER’S AGREEMENT .......................................................................................................................60 ST 11.I.3. PROPERTY ACQUISITION, 8865 91 AVENUE – CR 510 WIDENING AND IMPROVEMENTS, IRC PROJECT NO. 0610, GINA HOWER, OWNER ...............................60 11.J. UTILITIES SERVICES ..........................................................................................................61 TH 11.J.1. HOBART INDUSTRIAL PARK MASTER PLANNED WATER MAIN ALONG 77 STREET WEST OF US HIGHWAY 1, APPROVED PROJECT FOR PUBLIC BID AND RETAINING W. F. MCCAIN AND ASSOCIATES, INC. FOR ENGINEERING SERVICES ....61 11.J.2. CONSULTING SERVICES WORK ORDER NO. 3 WITH NEEL-SCHAFFER, INC. FOR SURVEYING, ENGINEERING AND CONSTRUCTION SERVICES FOR THE REPLACEMENT OF THE ROSELAND WATER TANK – UCP-2478 ....................................61 TH 11.J.3. THE SQUIRE SUBDIVISION PETITION WATER SERVICE (57 AVENUE NORTH OF RD 33 STREET) IRC PROJECT NO. UCP-2535 RESOLUTION IV – FINAL ASSESSMENT ...62 11.J.4. POINT-O-WOODS SUBDIVISION PETITION WATER SERVICE (ROBIN LANE – RIVERSIDE – OFF ROSELAND ROAD) INDIAN RIVER COUNTY PROJECT NO. UCP-2613 RESOLUTION IV – FINAL ASSESSMENT ..........................................................62 11.J.5. UTILITY CONSTRUCTION STANDARDS 2006 – UCP 2821 ..........................................63 11.J.6. NORTH & SOUTH COUNTY REVERSE OSMOSIS WATER TREATMENT PLANTS WORK ORDER #7 – ALTERNATIVE WATER SUPPLY MASTER PLAN BY CAMP DRESSER & MCKEE, INC. ...................................................................................................63 12.COUNTY ATTORNEY ....................................................................................................... 64 12.A. WATERWAY VILLAGE – DRI VESTING ...............................................................................64 October 24, 2006 8 12.B. PROPOSED SETTLEMENT OF CHARLES L. LAFEVERS, JR., AS TRUSTEE OF THE JILL V. LAFEVERS TRUST AND SULLIVAN OF VERO BEACH LIMITED PARTNERSHIP V. INDIAN RIVER COUNTY .....................................................................................................64 13.COMMISSIONERS ITEMS ............................................................................................... 66 13.A. COMMISSIONER ARTHUR R. NEUBERGER, CHAIRMAN .................................................66 13.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN .................................................66 13.B.1. MOBILE HOME PARKS ....................................................................................................66 13.C. COMMISSIONER SANDRA L. BOWDEN - NONE ................................................................67 13.D. COMMISSIONER WESLEY S. DAVIS - NONE ......................................................................67 13.E. COMMISSIONER THOMAS S. LOWTHER - NONE .............................................................67 14.SPECIAL DISTRICTS AND BOARDS.............................................................................. 67 14.A. EMERGENCY SERVICES DISTRICT ....................................................................................67 14.A.1. APPROVAL OF MINUTES OF MEETING OF AUGUST 22, 2006 ..................................67 14.A.2. APPROVAL OF MINUTES OF MEETING OF SEPTEMBER 12, 2006 ..............................67 14.A.3. UTILITY EASEMENT FOR EMERGENCY SERVICES STATION NO. 5 ............................67 14.B. SOLID WASTE DISPOSAL DISTRICT - NONE .....................................................................68 14.C. ENVIRONMENTAL CONTROL BOARD - NONE..................................................................68 15.ADJOURNMENT............................................................................................................... 68 October 24, 2006 9 October 24, 2006 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in Regular th Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday, October 24, 2006, at 9:00 a.m. Present were Chairman Arthur R. Neuberger, Vice Chairman Gary C. Wheeler, Commissioners Sandra L. Bowden, Wesley S. Davis and Thomas S. Lowther. Also present were County Administrator Joseph Baird, County Attorney William G. Collins II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Maria I. Suesz. 1. CALL TO ORDER Chairman Neuberger called the meeting to order at 9:00 a.m. 2. INVOCATION Reverend Ray Huddle, Church of Redeemer Lutheran Church delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Sandra L. Bowden led the Pledge of Allegiance to the Flag. October 24, 2006 10 4. ADDITIONS/DELETIONS TO THE AGENDA/ EMERGENCY ITEMS Chairman Neuberger requested the following changes to today’s Agenda: 1.Additional Backup: Item 9.A.2 – Letter from William E. Miller 2.Deletion: Item 12.A – Waterway Village 3.Addition: Item 13.A – Points of Light Reception ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously made the above changes to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS 5.A. PRESENTATION OF PROCLAMATION HONORING GUSTAV (GUS) POST ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, FOR SIXTEEN YEARS SERVICE, DEPARTMENT OF GENERAL SERVICES, BUILDINGS & GROUNDS DIVISION Chairman Neuberger read and presented the Proclamation and Retirement Award to Gustav Post. October 24, 2006 11 5.B. PRESENTATION OF PROCLAMATION HONORING LORRAINE POST ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, FOR SEVENTEEN YEARS SERVICE, DEPARTMENT OF UTILITY SERVICES, CUSTOMER SERVICE DIVISION Chairman Neuberger read the Proclamation and presented the Retirement Award to Lorraine Post who accepted the Award. 6. APPROVAL OF MINUTES 6.A. REGULAR MEETING OF SEPTEMBER 12, 2006 The Chairman asked if there were any corrections or additions to the Minutes. There were none. ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the Minutes of the Regular Meeting of September 12, 2006, as written and distributed. 6.B. SEPTEMBER 12, 2006 – CONTINUED PUBLIC HEARING - TREVISO The Chairman asked if there were any corrections or additions to the Minutes. There were none. October 24, 2006 12 ON MOTION by Commissioner Davis, SECONDED by Commissioner Bowden, the Board unanimously approved the Minutes of the Continued Public Hearing - Treviso Meeting of September 12, 2006, as written and distributed. 6.C. SEPTEMBER 26, 2006 – JOINT SCHOOL CONCURRENCY WORKSHOP The Chairman asked if there were any corrections or additions to the Minutes. There were none. ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the Minutes of the Joint School Concurrency Workshop of September 26, 2006, as written and distributed. 7. CONSENT AGENDA Commissioner Davis requested Item 7.FF. be pulled for discussion. 7.A. 4 LAKES L.L.C.’S REQUEST FOR FINAL PLAT APPROVAL FOR A SUBDIVISION TO BE KNOWN AS 4 LAKES October 24, 2006 13 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously granted the final plat approval for 4 Lakes Subdivision, as recommended in the memorandum of October 13, 2006. 7.B. MR. MICHAEL STASZEWSKI’S REQUEST FOR FINAL PLAT APPROVAL FOR A SUBDIVISION TO BE KNOWN AS STASZEWSKI SUBDIVISION ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously granted the final plat approval for Staszewski Subdivision, as recommended in the memorandum of October 13, 2006. 7.C. WINDSOR PROPERTIES, INC.’S REQUEST FOR RELEASE OF EASEMENTS ON LOTS 2, 3, 4 & 5, BLOCK 21, OF WINDSOR PD PHASE III (Administrative) ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Resolution 2006-160 , releasing common easements on lots 2, 3, 4 & 5, block 21, Windsor PD Phase III. 7.D. JOHN REXFORD’S REQUEST FOR PARTIAL RELEASE OF EASEMENTS AT 630 EAST POINT COURT SW (LOTS October 24, 2006 14 33 & 34, PRESERVATION POINTES PD PHASE II – TIMBER RIDGE PRD) (Administrative) ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Resolution 2006-161 , releasing portions of easements on lots 33 and 34 of Preservation Pointes Phase II (Timber Ridge PRD). 7.E. LENNAR COMMUNITIES OF SOUTH FLORIDA INC.’S REQUEST TO REPLAT PORTIONS OF VERONA TRACE SUBDIVISION AND THE VILLAS AT VERONA TRACE ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously granted approval for the Replat of Verona Trace Subdivision and The Villas at Verona Trace, as recommended in the memorandum of October 13, 2006. 7.F. CONSIDERATION OF REVISED INDIAN RIVER COUNTY LOCAL HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2006-07 THROUGH 2008-09 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Resolution 2006-162 , approving the County’s revised Local October 24, 2006 15 Housing Assistance Plan for FY 2006-2007, 2007-2008 and 2008-2009. REVISED LHIP PLAN ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.G. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC BID #206104 WINTER BEACH PARK WATER ASSESSMENT PROJECT, UTILITIES DEPARTMENT ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously awarded the Bid to Underground Utilities, Inc., as the lowest most responsive bidder meeting the specifications as set forth in the Invitation to Bid; approved the sample agreement; and authorized the Chairman to execute said agreement when required performance and payment bonds have been submitted along with appropriate certificate of insurance and the County Attorney has approved the agreement as to form and legal sufficiency, as recommended in the memorandum of October 4, 2006. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD October 24, 2006 16 7.H. APPROVAL OF BID AWARD FOR IRC BID #2007013 ANNUAL BID FOR ZINC ORTHOPHOSPHATE, UTILITIES DEPARTMENT ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously awarded the Bid to Calciquest, Inc. (in the amount of $23,472.00) as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid; authorized the Purchasing Division to issue blanket purchase orders for the period of October 1, 2006 through September 30, 2007 with the recommended vendor; and authorized the Purchasing Manager to renew this bid 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 Indian River County, as recommended in the memorandum of October 3, 2006. 7.I. POST HURRICANES FRANCIS & JEANNE EMERGENCY DUNE RESTORATION – SECTORS 3 AND 5, FINAL PAYMENT AND FULL RELEASE OF RETAINAGE, RANGER CONSTRUCTION INDUSTRIES, INC October 24, 2006 17 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the final payment and application for release of the retainage to Ranger Construction Industries, Inc. in the amount of $463,662.71 with funding as specified and as recommended in the memorandum of October 10, 2006. 7.J. JUNGLE TRAIL SHORELINE STABILIZATION PROJECT, FINAL PAYMENT AND FULL RELEASE OF RETAINAGE FOR LUCAS MARINE CONSTRUCTION, LLC ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the final payment and application for release of the retainage in the amount of $27,173.91 for Lucas Marine Construction, LLC, with funding as specified as recommended in the memorandum of October 16, 2006. 7.K. APPROVAL OF WORK ORDER NO. 3-RR FOR THE ROCKRIDGE SUBDIVISION SURGE PROTECTION PROJECT October 24, 2006 18 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Work Order No. 3-RR with Malcolm Pirnie, Inc. and authorized the Chairman to execute same, as recommended in the memorandum of October 12, 2006. WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 7.L. FINAL PAYMENT – ADDENDUM NO. 12 (MASTELLER & MOLER, INC) PROFESSIONAL ENGINEERING SERVICES AGREEMENT, CR 512 CORRIDOR IMPROVEMENTS – IRC PROJECT NO. 9611 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved payment to Masteller & Moler, Inc. in the amount of $5,875.00 for final and full payment for Addendum No. 12, as recommended in the memorandum of October 6, 2006. 7.M. RIGHT-OF-WAY ACQUISITION, CHARLES W. AND TH KATHLEEN M. BEHLER, POWERLINE ROAD (70 AVENUE), PARCEL I.D. #30-39-31-00000-0500-00014.0 October 24, 2006 19 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved $9,100.00 for purchase from Charles W. and Kathleen M. Behler, and authorized the Chairman to execute the Agreement, as recommended in the memorandum of October 4, 2006. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 7.N. REQUEST FOR RELEASE OF RETAINAGE FOR TH KIMLEY-HORN AND ASSOCIATES, INC., 4 STREET TH BRIDGE REPLACEMENT OVER COOCH DITCH (35 AVENUE), IRC PROJECT NO. 0209 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the release of retainage to Kimley-Horn and Associates, Inc. in the amount of $3,507.82, as recommended in the memorandum of October 17, 2006. 7.O. PARTIAL RELEASE OF RETAINAGE OF THE PROFESSIONAL ENGINEERING / LAND SURVEYING TH SERVICES FOR THE 5 STREET SW BRIDGE OVER RD LATERAL “C” CANAL AND 43 AVENUE BRIDGE OVER SOUTH RELIEF CANAL October 24, 2006 20 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the release of retainage to Bridge Design Associates, Inc. in the amount of $12,771.25, as recommended in the memorandum of October 10, 2006. 7.P. OSLO ROAD BRIDGE REPLACEMENTS AND ROADWAY WIDENING ENGINEERING SERVICES PARTIAL RELEASE OF RETAINAGE ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the release of retainage to Kimley-Horn and Associates, Inc. in the amount of $21,085.28, as recommended in the memorandum of October 10, 2006. 7.Q. INDIAN RIVER COUNTY PUBLIC WORKS MAINTENANCE COMPLEX, PROFESSIONAL ARCHITECTURAL / ENGINEERING SERVICES CONTRACT, FINAL PAYMENT AND RELEASE OF RETAINAGE October 24, 2006 21 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved final Payment and Release of Retainage to Hanson Professional Services, Inc. in the amount of $65,088.06, as recommended in the memorandum of October 11, 2006. 7.R. AMENDMENT NO. 3 TO THE PROFESSIONAL RD ENGINEERING SERVICES AGREEMENT FOR 43 AVENUE ROADWAY AND DRAINAGE THTH IMPROVEMENTS FROM 8 STREET TO 18 STREET ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Alternative #1, authorizing the Chairman to execute Amendment No. 3 of the Agreement with Carter Associates, Inc., as recommended in the memorandum of October 16, 2006. AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 7.S. TRI-PARTY SUBLEASE AGREEMENT AMONG VERIZON WIRELESS, CINGULAR WIRELESS, AND INDIAN RIVER COUNTY FOR CO-LOCATION ON TOWER AT SOUTH COUNTY RO PLANT, OSLO ROAD October 24, 2006 22 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the Tri-Party Sublease Agreement among Verizon Wireless Personal Communications LP d/b/a Verizon Wireless, New Cingular Wireless PCS, LLC, d/b/a Cingular Wireless, and Indian River County, as recommended in the memorandum of October 17, 2006. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 7.T. CONTRACT FOR LEGAL SERVICES FOR EMINENT DOMAIN CASES ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the contract and retention of Dorman and Gutman as one of the firms under contract for eminent domain cases, as recommended in the memorandum of October 17, 2006. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 7.U. PROPOSED SETTLEMENT OF BROWN & BROWN, INC. D/B/A/ PREFERRED GOVERNMENTAL SOLUTIONS V. INDIAN RIVER COUNTY, CIRCUIT COURT CASE 2005-0223-CA-03 October 24, 2006 23 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously accepted the mediated settlement amount of $72,500.00 in full and final resolution of the case, as recommended in the memorandum of October 18, 2006. 7.V. THE OAKS OF VERO - P.D., PHASE 2, DEVELOPER: SDG KINGS, INC. (BRET SOVEREL, PRESIDENT), REQUEST FOR MODIFICATION TO CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS AND CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK IMPROVEMENTS ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the Modification to Contract for Construction of Required Improvements No. PD-01-06-15-CFC (2000100085-44643) providing for the substitution of security by Mercedes Homes, Inc. on behalf of SDG Kings, Inc. in the form of a Bank of America, N.A. irrevocable letter of credit in the amount of $192,670.51 and Modification to Contract for Construction of Required Sidewalk Improvements No. PD-01-06-15-SIDECFC (20000100085-44643) providing for the substitution of security of October 24, 2006 24 Mercedes Homes, Inc. on behalf of SDG Kings, Inc. in the form of a Bank of America, N.A. irrevocable letter of credit in the amount of $67,613.25, and authorized the Chairman to execute same, as recommended in the memorandum of October 6, 2006, 2006. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 7.W. BROOKFIELD AT TRILLIUM PHASE “A”, DEVELOPER; WOODSIDE TRILLIUM, LLC (WILLIAM HANDLER, MANAGER), MODIFICATION TO CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK IMPROVEMENTS ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the Modification to Contract for Construction of Required Sidewalk Improvements No. SD-04-03-15-SIDE (2002040022-38116); and authorized the Chairman to execute same, to extend the completion date to July 6, 2008 and reduce the amount of cash from $43,225.00 to $6,885.00, as recommended in the memorandum of October 9, 2006. 7.X. STONEYBROOK FARM, DEVELOPER: STONEYBROOK FARMS GROUP, L.L.C. RATIFICATION OF SECOND October 24, 2006 25 MODIFICATION TO CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously ratified the Second Modification to Contract for Construction of Required Improvements No. SD-04-05-17-CFC (2003110240-46697) for Stoney Brook Farm, Developer: Stoneybrook Farms Group, L.L.C., as recommended in the memorandum of October 9, 2006. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 7.Y. HYDRAULIC IMPROVEMENTS TO LIFT STATION NO. 109 AND UPGRADES OF LIFT STATION NO. 108 AND LIFT STATION NO. 115, BID NO. 2006013, APPROVAL OF FINAL PAYMENT TO CONTRACTOR AND RELEASE OF RETAINAGE, UCP #2493 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the total project cost of $132,500.00 and approved Application for Payment No. #3 – Final as final payment to the Contractor, Underground Utilities, Inc., in the amount of $12,587.50, as recommended in the memorandum of September 21, 2006. October 24, 2006 26 7.Z. RELEASE OF PARTIAL RETAINAGE WITH INDIAN RIVER INDUSTRIAL CONTRACTORS FOR THE CENTRAL PLANT EXPANSION UCP #2347 AMENDMENT 2 TO BID NO. 7029 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Amendment No. 2 to Bid 7029 to Indian River Industrial Contractors, Inc. for reducing the retainage to $10,000.00 and execute same, as recommended in the memorandum of October 5, 2006. AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 7.AA. PROCLAMATION HONORING BETTY M. BOGER ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, FOR TEN YEARS OF SERVICE, DEPARTMENT OF UTILITY SERVICES, CUSTOMER SERVICE The Board noted the Proclamation for the record. October 24, 2006 27 7.BB. ACCEPTANCE CHANGE ORDER NO. 17, FOR THE NEW COUNTY ADMINISTRATION BUILDINGS ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously authorized the County Administrator to execute Change Order No. 017 which will then result in a decrease in the GMP of $322,070.00 and an increase to the Owner’s Contingency in the amount of $19,475.00, as recommended in the memorandum of October 18, 2006. CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 7.CC. MICROSOFT ENTERPRISE AGREEMENT ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the Microsoft Enterprise Agreements, and authorized the County Administrator to sign same, as recommended in the memorandum of October 17, 2006. COPY OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD October 24, 2006 28 7.DD. MISCELLANEOUS BUDGET AMENDMENT 002 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Resolution 2006-163 amending the fiscal year 2006-2007 Budget. 7.EE. CONTINUING SERVICES FOR WATER AND WASTEWATER ENGINEERING CONSULTANTS REQUEST FOR QUALIFICATIONS ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the solicitation of Request for Qualifications for Continuing Consulting services, as recommended in the memorandum of October 10, 2006. 7.FF. COMMISSION AGENDA PUBLIC DISCUSSION FORM Commissioner Davis did not want the Public Discussion Request Form (copy on file) to prohibit anybody from speaking at a Commission meeting. MOTION WAS MADE by Commissioner Davis to change the word “shall” to “should” on the Public Discussion Request Form. The MOTION FAILED for lack of a second. October 24, 2006 29 Commissioner Bowden reminded the Board they agreed to hear any discussion, but they would not be voting on any public discussion issues. Commissioner Davis felt they should not have to use this form just to speak to the Board. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowden, by a 4-1 vote (Commissioner Davis opposed) the Board approved the “Public Discussion Request Form” for requests to be added to the agenda under Public Discussion Items, as recommended in the memorandum of October 11, 2006. 7.GG. THIRD PARTY CLAIMS ADMINISTRATION AGREEMENT ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the one year extension of the agreement with Johns Eastern Company, Inc. (JEC) to perform third party claims administration services for the self- insurance program, as requested in the memorandum of October 12, 2006. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD October 24, 2006 30 7.HH. OUT OF COUNTY TRAVEL TO ATTEND PROPERTY TAX – HOMESTEAD & SAVE OUR HOMES PORTABILITY WORKGROUP MEETING ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously authorized out-of-county travel for Commissioner Davis and appropriate County staff to travel to Orlando on Wednesday, November 1, 2006 to attend a meeting of the Florida Association of County Property Tax – Homestead and Save our Homes Portability Workgroup, as recommended in the memorandum of October 18, 2006. 7.II. OUT OF COUNTY TRAVEL TO ATTEND THE FLORIDA ASSOCIATION OF COUNTIES 2007 LEGISLATIVE CONFERENCE ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously authorized out-of-county travel for Commissioners and Staff to attend the Florida Association of Counties 2007 Legislative Conference held November 29 – December 1, 2006 at the Sandestin Golf and Beach Resort in Walton County, as recommended in the memorandum of October 9, 2006. October 24, 2006 31 7.JJ. OUT OF COUNTY TRAVEL TO ATTEND THE 2007 NATIONAL CONFERENCE ON BEACH PRESERVATION TECHNOLOGY ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously authorized out of county travel for Commissioners and staff to attend the 2007 National Conference on Beach Preservation Technology to be held January 24-26, 2007, at the Bahia Mar Hotel in Ft. Lauderdale, as recommended in the memorandum of October 9, 2006. 7.KK. OUT OF COUNTY TRAVEL TO ATTEND THE NATIONAL HURRICANE CONFERENCE ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously authorized out-of- County travel for Commissioners and staff to attend the 2007 National Hurricane Conference to be held on April 2-6, 2007 in New Orleans, LA, as recommended in the memorandum of October 9, 2006. 7.LL. 2006 ELECTION OF AGRICULTURE ADVISORY COMMITTEE VICE CHAIRMAN The Board noted for the record the election of William C. Graves, IV as Vice Chairman of the Committee for the remainder of the year 2006, replacing Mark Sanchez who resigned May 2, 2006. October 24, 2006 32 7.MM. RESOLUTION URGING THE FLORIDA LEGISLATURE TO CALL A SPECIAL SESSION TO STUDY AND ENACT LEGISLATION ADDRESSING THE INSURANCE CRISIS IN FLORIDA Resolution 2006-156 The Board noted as written for the record. 7.NN. 2006 ELECTION OF SCHOOL PLANNING CITIZENS OVERSIGHT COMMITTEE CHAIRMAN AND VICE CHAIRMAN The Board noted for the record the re-election of Charles Searcy as Chairman and Peter Robinson as Vice Chairman of the School Planning Citizens Oversight Committee for the year 2006. 7.OO. APPROVAL OF WARRANTS – SEPTEMBER 29 – OCTOBER 5, 2006 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the list of warrants issued by the Clerk to the Board for the time period of September 29, 2006 to October 5, 2006, as recommended in the memorandum of October 5, 2006. October 24, 2006 33 7.PP. APPROVAL OF WARRANTS – OCTOBER 6 – 12, 2006 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the list of warrants issued by the Clerk to the Board for the period of October 6, 2006 to October 12, 2006, as recommended in the memorandum of October 12, 2006. 7.QQ. REPORTS PLACED ON FILE IN THE OFFICE OF CLERK TO THE BOARD: 1.Report of Convictions, Month of August 2006 2. Florida Department of Transportation, Public Workshop of Thursday, November 2, 2006 – I-95 Project Development and Environment (PD&E) Study – From the Indrio Road Interchange to the CR 512 Interchange 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE October 24, 2006 34 9. PUBLIC ITEMS PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARINGS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 9.A. PUBLIC HEARINGS 9.A.1. PHPVC,L.’ RIME OMES AT ORTOFINO ILLAGE OMMERCIAL TDS RAP94C EQUEST FOR BANDONMENT OF A ORTION OF TH OURT (FK133A)NSR60 ORMERLY NOWN AS RD VENUE ORTH OF TATE OAD (L) EGISLATIVE Planning Director Stan Boling used a PowerPoint presentation (copy on file) to present this item, and recommended approval by the Board. The Chairman opened the public hearing. There were no speakers and the Chairman closed the public hearing. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved Resolution 2006-164 , providing for the closing, abandonment, th vacation, and discontinuance of a portion of 94 Court (Formerly rd known at 133 Avenue) lying north of State Road 60 in Vero Tropical Gardens Unit 1, said land lying in Indian River County. October 24, 2006 35 9.A.2.WCICINC.:RATS OMMUNITIES EQUEST TO BANDON WO EGMENTS 46A(SS)USH1 TH OF VENUE UNRISE TREET BETWEEN IGHWAY AND CR510W(L) IN ABASSO EGISLATIVE PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling reviewed this request for abandonment of two segments of th 46 Avenue and CR 510 in Wabasso for road widening purposes. He explained this abandonment involved a swap with the developer, who owns property along CR 510, which could be abandoned and become part of the development. He explained that the Bristol Bay project has been approved as a mixed-use project, mostly residential, but there is a final site plan for a residential project and site plan conceptually that is laid out for the Commercial portion. He pointed out that Bristol Bay is putting in a road that will parallel Sunrise Avenue and a new roadway to CR 510. The ultimate th improvement of the area involves new access to County Road 510 at 85 Street. Community Development Director Bob Keating reported that Mr. Miller, who owns multi-family property in this area, had expressed concerns and staff would be addressing them. Director Keating recommended approval with conditions that they retain a drainage utility easement in the right-of-way areas, which leads to a traffic improvement. The Chairman opened the public hearing. Dennis Cork, Esq., representing Bill Miller, said his client’s concern was that his access to Attorney Cork CR 510 would be diminished. related part of Mr. Miller’s concern was that he lives on a corner lot, and he is afraid the abandonment would take away his visibility someday Mr. Cork when it becomes commercial property. Because had not seen the final plan, he stated that he was not sure how his client’s access would be affected, and that it was premature to go ahead and vacate that road. October 24, 2006 36 Commissioner Wheeler agreed that it was premature at this point. He commented that he would like to see interconnectivity between Mr. Miller’s site and the commercial property. Discussion ensued by Commissioner Wheeler and staff regarding why the abandonment was not moved down to the next block. David Knight, Knight, McGuire and Associates, Project Engineer for Bristol Bay, said with the legal description they developed for the easement for public access, they anticipate a full connection to CR 510 with a turning radius onto the new road that Bristol Bay is constructing onto th 85Street. Jerry Swanson, P&S Properties, handed out a letter he received from Mr. Miller (copy on file) asking him to give him an easement because of his concern of being eliminated from direct Mr. Swanson access to CR 510 from his property. agreed to give Mr. Miller an easement, but it could not be done until they get their final site plan. Mr. Swanson found Mr. Miller very difficult to deal with, although he tried to do everything he could to accommodate him. Mr. Swanson said he would be very much opposed to postponing this item. There were no additional speakers and the Chairman closed the public hearing. ON MOTION by Commissioner Lowther, SECONDED by Commissioner Wheeler, to approve staff’s recommendation. Discussion continued by the Commissioners regarding the right-of-way. The Chairman CALLED THE QUESTION. The Motion carried Resolution 2006-165 approving providing for the closing, October 24, 2006 37 th abandonment, vacation and discontinuance of a portion of 46 Avenue (Sunrise Street) between Orange Street and CR 510 and a th portion of 46 Avenue (Sunrise Street) between US Highway 1 th and 84 Street as shown on plats of Weona Park, Graves addition th to Wabasso, and maintenance map of 46 Avenue, reserving a drainage and utility easement over the entire right-of-way, said land lying in Indian River County, Florida. 9.A.3.IHP’3.52CGOCR S REQUEST TO REZONE ACRES FROM TO (Q-J) UASIUDICIAL PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating presented this proposed rezoning using a PowerPoint Presentation (copy on file) and recommended approval by the Board. The purpose for this rezoning is to secure the zoning necessary to develop the site for residential use that would be allowed under the Office, Commercial, Residential (OCR) zoning district, which is consistent with the land use designation C/I. The Chairman opened the public hearing. There were no speakers and the Chairman closed the public hearing. ON MOTION by Commissioner Wheeler, SECONDED by Ordinance Commissioner Davis, the Board unanimously adopted 2006-037 amending the zoning ordinance and the accompanying zoning map for ± 3.52 acres located south of CR 510 and th approximately 272 feet east of 46 Avenue, from CG, General October 24, 2006 38 Commercial District to OCR, Office, Commercial, Residential District; and providing codification, severability, and effective date. 9.A.4.DR&DI.’RATC OUBLE NCS EQUEST TO MEND HE OMPREHENSIVE PR+40.23ARL-1,A LAN TO EDESIGNATE CRES FROM TO ND TO RT+40.23AA-1RS-3(L) EZONE HOSE CRES FROM TO EGISLATIVE PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating announced that if anyone wished to speak on these public hearing items, he asked that they give their name to Gale Carmoney, Senior Planner, which is a requirement of the Department of Community Affairs (DCA). He gave a brief overview of the Comprehensive Plan amendment process. Director Keating reviewed staff’s memorandum and used a PowerPoint presentation detailing the purpose for this amendment which is to provide the land use designation and zoning necessary to develop the property with residential units at a density that is consistent with the land use plan densities of adjacent properties. Staff and P&Z recommended approval by the Board. The Chairman opened the public hearing. Renee Renzi , 301 Waverly Place, said the Board did not mention the overload in the school population in that area. She felt the Board should hold off until they get the school situation straightened out. Director Bob Keating stated that the school concurrency laws were put on the books in 2005, but they do not become effective until 2008. At this time he advised they cannot deny development based on the lack of school facilities. October 24, 2006 39 David Cox wanted the Board to be aware that all tributaries that reach the South prong of the St. Sebastian River have been important in supporting a range of threatened and endangered fish species that have bred that far up, even into agricultural ditches. They have worked with one of the developer nearby in an effort to try to preserve those tributaries, which all have great environmental significance, and it seems they are losing one after the other. Dr. Richard Baker , President of the Audubon Society, agreed with Mr. Cox, and he stated this is not the direction to take. He remarked that the more density that is put in, the more difficult it becomes. He commented that he would like to see us protect the Sebastian Tributary and going this route is not the way to do it. Bruce Barkett , Esq., representing the applicant, said they do not have any problem with the site plan concerns that were raised. He told the Board his client was going to go forward with the PD against his recommendation. th Mark Brackett, 1915 34 Avenue, represented the CR 510 group, that is the Blue Water Bay development at the southern portion of this property told the Board the Group is not opposed to rezoning the property to RS-3. “They would like to see the Board move forward with the rezoning, and see the roads get built,” he related. There were no additional speakers and the Chairman closed the public hearing. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Bowden, to deny this request. October 24, 2006 40 Discussion continued and Commissioner Davis stated he was concerned that the surrounding property owners may try to put forth some connectivity on the road, and find that there is no right-of-way in place. He would like to put in infrastructure “as growth” occurs or “even ahead of growth, if at all possible.” Bruce Barkett advised that the time to do that is at the site plan approval. The Chairman CALLED THE QUESTION, and the Motion carried; by a 4-1 vote (Commissioner Neuberger opposed) the Board denied Double R&D Inc.’s request to amend the Comprehensive Plan to redesignate the subject property from R, Rural Residential to L-1, Low-Density Residential-1, and to rezone the site from A-1, Agricultural, to RS-3, Single Family Residential. The Chairman called for a brief recess at 10:21 a.m. and he reconvened the meeting at 10:35 a.m. with all members present. , Bruce Moyer, After the recess MGB Engineering, respectfully requested that the last item be reconsidered. After talking to his client, he reported that they definitely wanted to dedicate the right-of-way and they hoped they could discuss the appropriateness of this matter. MOTION WAS MADE by Commissioner Davis, SECONDED by Commissioner Bowden, for discussion, to reconsider this request. Attorney Collins advised the Board since this item had to be submitted to the DCA during the submittal window, he thought this was the best time to reconsider this action. October 24, 2006 41 Commissioner Davis would not support the Comprehensive Plan change unless he was confident from staff that acquisition of this property would enable provisions for connectivity at the north end of the County. Bruce Barkett Discussion ensued and advised they would deliver the deed to escrow as soon as they get a legal description, and they would work out the terms with the County Attorney. The Chairman reopened the public hearing. There were no additional speakers and the Chairman closed the public hearing. The Chairman CALLED THE QUESTION, and the Motion carried, 3-2 (Commissioner Wheeler and Bowden opposed). The Resolution 2006-166 Board approved amending the future land use map by changing the land use designation for approximately th 40.23 acres located west of 86 Avenue and south and east of the City of Sebastian City limits from R, Rural Residential (up to 1 unit/acre), to L-1, Low Density Residential-1 (up to 3 units/acre); and providing codification, severability, and effective date. The Board additionally approved to have the deed delivered into escrow, and to have the County Attorney work out any additional terms with Double R&D, Inc. October 24, 2006 42 9.A.5.CIRATC OUNTY NITIATED EQUEST TO MEND HE OMPREHENSIVE PFLUMR±3,088A LAN UTURE AND SE AP BY EDESIGNATING CRES FC-1AG-2(L) ROM TO EGISLATIVE PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating used a PowerPoint Presentation (copy on file) to present the County’s request on behalf of St. John’s River Water Management District (SJRWMD) to redesignate ±3,088 acres from C-1 Conservation-1, to its previous designation of AG-2, and to rezone from Con-1 on the land use map, to its previous zoning district of A-2. The P&Z Commission recommended, by a 4-1 vote, that the Board approve submittal to the Department of Community Affairs. He addressed a concern that this property serves as an impediment to the City of Fellsmere to annex to the south and expand further. He also mentioned that the C-1 land use designation applies only to publicly owned conservation, and that staff consider this as a swap of land between St. Johns River Water Management District and private property owners. Director Robert Christenson, SJRWMD, displayed maps and gave a brief overview of what SJRWMD’s basic goals are: He explained the conditions that apply to the land purchase/exchange agreements they entered into with private property owners and the conditions of the agreements. The Board posed questions to Mr. Christenson regarding this project. Joseph Paladin, Chairman of the Growth Awareness Committee, had questions regarding annexation by the County and the City of Fellsmere. October 24, 2006 43 Attorney Collins clarified that Cities annex property, not the County, and it has to be contiguous to a municipality. Discussion ensued regarding annexation. Dr. Richard Baker displayed a map that SJRWMD presented at the Land Advisory Acquisition Committee (LAAC) showing the area under SJRWMD, and the property owned by the City of Fellsmere. He felt this was more important than moving the urban service area line because this project may determine whether the urban service area could be moved later. He believed there needs to be more dialogue between SJRWMD and the County. He saw Brevard County benefiting from this project, and he believed this water definitely needed to be saved for the County. Discussion ensued. David Cox said he would like to encourage SJRWMD and the Indian River Lagoon North County Feasibility Study to consider restoring the west prong of the Sebastian River to what it was before. th Al Baldwin , 4740 47 Court, Vero Beach, questioned why a matter of this importance never had a workshop. Discussion continued. Peter O’Bryan, County Commissioner Candidate for District 4, was concerned the County was giving up a limited type of environmental land to acquire more fresh water. He felt they are losing diversity and important habitat in that ten-mile area. He shared Commissioner Bowden’s concern regarding where the water was going to be distributed. He was very concerned why October 24, 2006 44 SJRWMD already had a backup clause, and he wanted to see a written guarantee as to how much to that water stays in Indian River County. Mr. Christenson responded to questions regarding conservation value of what exists and what will be created. He was willing to work with the County in workshops to identify the needs and concerns and be their partner. Discussion continued and the Commissioners asked for additional information. Adriene Cuffe, 695 43rd Avenue, wanted to know what rights would be available to the private owner if the project was not completed. John Baker advocated in favor of this proposal. Ital Veron , 280 S. Peppertree Drive, spoke in opposition to this request. He suggested, based on the knowledge of the questions brought forward, that the Board not have a knee-jerk reaction. Bea Gardner was not in favor of the Board approving this item. nd Amy Thelma, 1910 82 Avenue, told the Board it is their responsibility to communicate with SJRWMD, and to find out what is going on, and determine if a workshop is necessary. Discussion ensued regarding the rights of the property owners after the rezoning. Karen Swanson , 1048 E. Boulevard, said she could support staff and SJRWMD. October 24, 2006 45 th Jens Tripson, 2525 14 Street, thought the County should start planning to drink potable water in the North County Marsh area. “The idea sounds good if we use some of that water for citizens,” he said. Robert Johnson , Coral Wind Subdivision, spoke in favor of the workshop. Judy Orcutt felt the property should be acquired under the Land Acquisition Funding so it could stay zoned as Conservation. George Christophe, member of P&Z,inquired if the County has a written commitment from SJRWMD to turn that land into a Conservation area. Upon hearing the response from staff, he urged the County to table this item and hold a workshop. Donna Keys , Chairman of P&Z, stated that she was compelled to vote in favor of this item at the P&Z meeting. There were no additional speakers and the Chairman closed the public hearing. Commissioner Davis did not want to table this item. He was concerned if the Board does not get the answers needed this item could be defeated. He also was concerned with the issues regarding getting wells permitted, and believed this is an alternative supply that Indian River has to have. He mentioned he would like to be added to the list of future areas of concern for water supply in the next 20 years. Administrator Baird recommended moving this forward, and scheduling a special agenda workshop with several hours to work out the issues. He suggested that SJRWMD attend to meet with staff and other interest groups. Chairman Neuberger did not see it as a necessity at this time. October 24, 2006 46 Vice Chairman Wheeler disagreed. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Lowther, to move ahead and hold a Special Agenda Workshop to workout the issues with SJRWMD, staff and other interest groups. Commissioner Bowden recommended that a date be scheduled. Administrator Baird replied he would come back at the next meeting with a date. The Chairman CALLED THE QUESTION and the motion carried unanimously. The Board approved Resolution 2006-167 approving the transmittal of a proposed County Comprehensive Plan Future Land Use Map Amendment to the State of Florida Department of Community Affairs, and approved directing the County Administrator to bring back to the Board a date for their approval to hold a Special Agenda Workshop to work out the issues addressed at this public hearing with SJRWMD, Staff, and other interest groups. The Chairman called for a recess at 12:45 p.m. and reconvened the meeting at 12:58 p.m. with all members present. 9.A.6. CIRAC’ OUNTY NITIATED EQUEST TO MEND THE OUNTYS CPR±46.51AFL-2 OMPREHENSIVE LAN TO EDESIGNATE CRES ROM PUB(L) TO EGISLATIVE October 24, 2006 47 PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating used a PowerPoint Presentation (copy on file) to present this item. Staff and P&Z recommended that the Board approve this proposal for submittal to DCA. The Chairman opened the public hearing. There were no speakers and the Chairman closed the public hearing. ON MOTION by Commissioner Davis, SECONDED by Commissioner Lowther, the Board unanimously approved Resolution 2006-0168 approving the transmittal of a proposed Indian River County Comprehensive Plan Future Land Use Map Amendment to the State of Florida Department of Community Affairs. 9.A.7.QRVB,LLC’RA UAIL IDGE OF ERO EACH S EQUEST TO MEND THE CP’FLU TEXT OF THE OMPREHENSIVE LANS UTURE AND SE E(L) LEMENT EGISLATIVE PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating disclosed that this Comprehensive Plan Future Land Use Amendment, at the request of Quail Ridge of Vero Beach, changes the text to Policy 5.8. He used a PowerPoint presentation (copy on file) to review the proposed amendment to Future Land Use Element (FLUE) 5.8, and read the amended policy 5.8 as revised by the Planning and Zoning Committee. Another alternative he presented to the Board was the applicant’s proposed amended policy 5.8 (copy on file) that was handed out at this hearing. October 24, 2006 48 Director Keating informed the Board that staff did not support this request because it does not meet any of the Comprehensive Plan’s criteria to warrant a text amendment, the request would undermine the purposes of the FLUE policies that would be amended, and it is in conflict with the Committee for a Sustainable Treasure Coast report. He concluded with staff’s recommendation to retain the current FLUE Land Use Element Policy 5.8, add the Best Management Practices, add perpetuity language and recommended approval of the Resolution to transmit the amended FLUE Policy 5.8 to DCA for review. There were questions posed by the Board to Director Keating regarding this item. The Chairman opened the public hearing. Joseph Paladin , President of Atlantic Coast Construction, advised he is a principal in the Quail Ridge of Vero Beach PD, and he addressed the proposed changes to the Comprehensive Plan. He spoke of conflicting theories on “open space” and told the Board his goal is “not to ever” change the urban service line. He commented on the recommendations made by the Planning & Zoning Commission, which is just the opposite of Policy 5.8 as it is now, stating that he was under the impression that P&Z was very receptive to this project. Dave Knight Engineer, Knight, McGuire and Associates and Engineer of the Quail Ridge PD, explained that their intent was to permanently preserve low density in an agriculture PD. He outlined their version of Policy 5.8 that he proposed after reviewing the packet for this meeting. In conclusion, he said they are looking for flexibility. th Al Baldwin , 4040 47 Court, felt the Board would be setting precedence by approving this item. He felt it will affect the whole County, and he wondered if it needed more time and a public workshop. October 24, 2006 49 Discussion ensued and the Commissioners commented on the issues Mr. Baldwin addressed. Ital Veron , 280 S. Peppertree Drive, a member of the Indian River Neighborhood Association, believed one of the County’s greatest concerns would be the water supply. rd Greg Schlitz , 6425 53 Street, failed to see the negatives of this proposal and he urged the Board to consider revising the requirements. Rob Lindsey , representing the Lindsey and Kromhout families, read a letter written by Lex Krumhout (copy on file) that disputed the language and provisions recommended by staff. In his opinion staff’s provisions countermanded the Planning and Zoning Commission’s actions with regard to agricultural planned development. He asked the Board to review and reject those provisions. Country Simmons, Simmons Construction, advocated in support of this item. Adriene Cuffe, 695 43rd Avenue , advocated in support of this item. nd Amy Thelma, Engineer1910 82 Avenue, felt this development was definitely necessary and a great first step to getting some new ideas in the community. Ken Grudens, 931 Starflower Avenue, Sebastian, Executive Director of the Indian River Land Trust,statedthe Land Trust’s desires to see opportunities allowing projects to be separated, so the community could tell what the overall picture would be like. He spoke of an opportunity for the Land Trust to be involved in holdings and perpetuity, and he would like to talk about at a later time. October 24, 2006 50 David Cox discussed clustering and BMPs. He supported the amendment. Donna Keys , Chairman of the P&Z Committee, reviewed the recommendations, line per line by the applicant, P&Z, and staff, stating that they could compromise the issues such as having no minimum lot size, and guarantee a certain amount of open space. Steve Smith, , Developer of Quail Ridge agreed with Ms. Keys. Under the existing rules, he found it literally impossible to design something attractive for the next 40-50 years for Indian River County that led to this request. John Baker, Agent for Mr. Kromhout, felt they needed to have as much flexibility as possible. He would like to see 3 1/2 acres taken out of the policy. He agreed with Mr. Paladin regarding not moving the Urban Service Area line. He hoped the Board comes as close to the conditions that the P&Z recommended as they can. Jens Tripson encouraged the Board to fine-tune some of the details and move forward with this item. The Chairman called for a recess at 3:18 p.m. and he reconvened the meeting at 3:28 p.m. with all members present. There were no additional speakers and the Chairman closed the public hearing. MOTION WAS MADE by Commissioner Lowther, SECONDED by Commissioner Davis, to approve the applicants proposed revised Policy 5.8, eliminating 3.5 acres, and to approve the transmittal of the Resolution to DCA for review. October 24, 2006 51 Discussion ensued by the Board regarding additional changes to be included in the revised Policy. MOTION WAS AMENDED by Commissioner Lowther, SECONDED by Commissioner Davis, to approve the applicant’s revised Policy 5.8 with the following: (1) omitting 3.5 acres in paragraph 2, line 2; (2) changing the word “held” to “created” in paragraph 3, line 4; and (3) adding “with infill prohibited” to paragraph 3, line 4. The Chairman CALLED THE QUESTION and the Amended Resolution Motion carried unanimously. The Board approved 2006-169 approvingthe transmittal of a proposed Indian River County Comprehensive Plan Amendment to the text of the Future Land Use Element to the State of Florida Department of Community Affairs. The Board also approved to include the following changes to Policy 5.8: the omission of 3.5 acres in paragraph 2, line 2; amending paragraph 3, line 4 to read as follows: easement(s), to be created in Deed Restrictions with (residential) infill prohibited. Commissioner Bowden stated for the record that the Board needed to work out the following concerns in the LDRs: golf courses, water, and drought. 9.A.8. FTPHECS– IRST OF WO UBLIC EARINGS TO NLARGE OUNTY EAT OSE FFICE OF THE UPERVISOR OF LECTIONS October 24, 2006 52 PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICEOFTHECLERKTOTHEBOARD Assistant County Attorney Marian Fell recapped her memorandum of October 6, 2006 rd pointing out that the request by the Supervisor of Elections to move offices to 4375 43 Avenue requires two public hearings because the location is outside of the County Seat. The Chairman opened the public hearing. There were no speakers and the Chairman closed the public hearing. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowden, the Board unanimously approved to retain any public comment on record for consideration at the November 7, 2006 public hearing, as recommended in the memorandum of October 6, 2006. 9.B. PUBLIC DISCUSSION ITEMS 9.B.1. RSJP,CT EQUEST TO PEAK FROM OSEPH ALADIN HAIRMAN OF HE GACRE- ROWTH WARENESS OMMITTEE EGARDING XPARTE CBCC/ OMMUNICATION WITH OARD OF OUNTY OMMISSION ANDOR SOCUR4-4.2R TAFF BY PPOSING OUNSEL NDER ULE ULES RFB EGULATING THE LORIDA AR Clerk’s note: This item was heard following Item 9.B.2. October 24, 2006 53 Joseph Paladin, President of the Growth Awareness Committee, discussed the Board setting up a policy to help prevent a negative situation occurring when Attorneys who have an existing lawsuit against the County and intend to speak at one of the Board meetings. He suggested establishing a form for those speakers to fill out defining their discussion. George Christopher agreed with Mr. Paladin. Attorney Collins felt it would be better to advise them not to speak to the Board, and tell them to speak to the County’s attorney. NO ACTION REQUIRED OR TAKEN. 9.B.2. RSRE.T,E, EQUEST TO PEAK FROM ICHARD ORPY SQUIRE RC/DBR EGARDING ONTRACTOREVELOPER ONDING EQUIREMENTS RTLSRS IN EFERENCE TO HE AKES AT AND IDGE UBDIVISION Richard E. Torpy, 202 N. Harbor City, Melbourne, pointed out that the Lakes at Sand Ridge Subdivision received its Certificate of Completion prior to the adoption of Ordinance 2006-007 that set new maintenance requirements (Bonding). He came to ask the Board that Phase I be excused from those requirements, and to work out the details of Phase II later. Attorney Collins responded that it is unfair to apply a three-year bonding requirement to a project that was already in the process, and should the Board approve this request only two other projects would be affected by their decision. ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved to release the Bond in the amount of $135, 387.50 for Phase 1 of the October 24, 2006 54 Lakes at Sand Ridge based on the old Ordinance, upon final inspection by staff and to work out details regarding Phase II. 9.B.3.RSSDR EQUEST TO PEAK FROM COTT ILLON EGARDING CPDP ONDEMNATION OF A ROJECT AND ESTRUCTION OF ERSONAL P ROPERTY Scott Dillon asked for an extension beyond December 17, 2006 to the condemnation of st 2933 1 Court SE. He said he needs an additional 60-days to complete the renovation. Attorney Collins disclosed that under the “house moving” permit they have a year to get everything finalized. In August, the Building Department determined that the house was uninhabitable and it appeared unsafe. Rather than wait a year, the Building Department decided to be proactive, and started the Notice period a couple months prior to the year expiring. Chairman Neuberger asked Director of Building James “Buddy” Akins to do another inspection on December 17, 2006. nd Catherine Thomas, 2109 SE 2 Avenue designated spokesman for the homeowners, suggested that the house be torn down now. She read a letter from the homeowners stating that they waited a year to ask the Board to not let them continue this rebuilding. Bob Hamner , Scott Dillon’s partner, described the events that took place causing their delay in completing the renovations. Chairman Neuberger stressed that they need to get it done. October 24, 2006 55 Buddy Akins described the interior and exterior condition of the house (pictures on file). He would not say it could not be fixed, but he believed completion was a long way off. MOTION WAS MADE by Commissioner Lowther, for the condemnation to stay in place. Motion DIED for lack of a SECOND. Chairman Neuberger commented that he would like to give Mr. Dillon another 30 days. nd Danny Moore, 2103 2 Avenue SE, spoke in opposition to any extension. st Elizabeth Rimes , 2174 1 Avenue SE, advocated against an extension. Discussion ensued regarding the unsafe condition of the house, and whether it could feasibly be completed by December 17, 2006. Buddy Akins reported it is not built according to the plans of the architect, and he affirmed it will not be safe. Chairman Neuberger asked if anybody wanted to Motion for an extension. Discussion continued and Mr. Dillon argued the safety of this house. Chairman Neuberger did not hear a Motion for extension and he ended the discussion. 9.C. PUBLIC NOTICE ITEMS - NONE October 24, 2006 56 10. COUNTY ADMINISTRATORS MATTERS 10.A. USE OF INMATES/TRUSTEES FOR MAINTENANCE SERVICES Administrator Baird asked the Sheriff if he could do the maintenance at the water plants and he said he was unable to do that. Mr. Baird then asked the Board to award the Bid to the contractor as discussed at the previous meeting. ON MOTION by Commissioner Davis, SECONDED by Commissioner Bowden, the Board unanimously awarded Bid #2007007 Mowing at the Two Water Treatment Plants to Mike’s Lawn and Landscape in the amount of $13,200.00, as the lowest and most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid; authorized the Purchasing Division to issue blanket purchase orders or individual job purchase orders, as needed, for the period of October 1, 2006 through September 30, 2007 with the recommended bidder; authorized the Purchasing Manager to renew this bid 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 Indian River County, as recommended in the memorandum of September 18, 2006. October 24, 2006 57 11. DEPARTMENTAL MATTERS 11.A. COMMUNITY DEVELOPMENT 11.A.1. C,DRU ONDEMNATION EMOLITION AND EMOVAL OF NSAFE S TRUCTURES ON MOTION by Commissioner Davis, SECONDED by Commissioner Bowden, the Board unanimously declared said structures unsafe and a nuisance, and ordered the buildings demolished with related debris removed from the property by a private vendor approved through standard bid procedures, and Resolution 2006-170, approved providing for the demolition of unsafe structures and the recovery of costs. (Owners: Lisa Clark, Tyrus Clark, & Bobby Jean Jones; Glenn W. Legwen; Johnnie L. Paris and Susan D. Canon; and Ernestine Webb Williams) Chairman Neuberger announced he was approached by Ernestine Williams who asked for an extension, because she wanted to do her own demolition at her own expense. There was a CONSENSUS to grant Ernestine Williams 60-days to remove her structure at her own expense, but to remain on the list as the County goes through the bid process. 11.B. EMERGENCY SERVICES - NONE October 24, 2006 58 11.C. GENERAL SERVICES - NONE 11. D. HUMAN RESOURCES - NONE 11.E. HUMAN SERVICES - NONE 11.F. LEISURE SERVICES – NONE 11.G. OFFICE OF MANAGEMENT AND BUDGET – NONE 11.H. RECREATION - NONE 11.I. PUBLIC WORKS 11.I.1.PA,886692C,CR510W ROPERTY CQUISITION ND OURT IDENING I,CPN.0610,D& AND MPROVEMENTS OUNTY ROJECT O EVANAND RM,O OOKMINEE AHARAJ WNERS ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved Option 1, Property acquisition in the amount of $319,500, and leaseback, October 24, 2006 59 and authorized the Chairman to execute the Agreement to Purchase and Sell Real Estate, as recommended in the memorandum of October 9, 2006. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 11.I.2.FTS–TA ALCON RACE UBDIVISION HIRD MENDMENT TO THE D’A EVELOPERS GREEMENT ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved Alternative No. 1, whereby the Amendment #3 is approved to the Developer’s Agreement and authorized the Chairman’s signature. This will allow the County to construct one project, and avoid closing the road three times and avoid construction overlaps, as recommended in the memorandum of October 17, 2006. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 11.I.3.PA,886591A–CR510W ST ROPERTY CQUISITION VENUE IDENING I,IRCPN.0610,GH, AND MPROVEMENTS ROJECT O INA OWER O WNER ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved Option 1, purchase and the leaseback, and authorized the Chairman to execute the Agreement to Purchase and Sell Real Estate, as recommended in the memorandum of October 18, 2006. October 24, 2006 60 AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 11.J. UTILITIES SERVICES 11.J.1. HIPMPWM OBART NDUSTRIAL ARK ASTER LANNED ATER AIN A77SWUSH1,AP TH LONG TREET EST OF IGHWAY PPROVED ROJECT PBRW.F.MCA, FOR UBLIC ID AND ETAINING CAIN AND SSOCIATES I.ES NC FOR NGINEERING ERVICES ON MOTION by Commissioner Lowther, SECONDED by Commissioner Davis, the Board unanimously approved the project for a total cost of $315,000.00 (rounded); approved the proposal for construction phase engineering services from W. F. McCain and Associates for $11,365.00, and authorized the Chairman to execute same, as recommended in the memorandum of September 26, 2006. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 11.J.2.CSWON.3 ONSULTING ERVICES ORK RDER O WITH N-S,I.S,E EELCHAFFER NC FOR URVEYING NGINEERING AND CSR ONSTRUCTION ERVICES FOR THE EPLACEMENT OF THE RWT–UCP-2478 OSELAND ATER ANK ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved Work Order No. 3 with Neel-Schaffer, Inc. in the amount of not-to-exceed $105,138.00 for survey, geotechnical, design, permitting and construction services to replace the Roseland October 24, 2006 61 Water Storage Tank, and authorized the Chairman to execute same, as recommended in the memorandum of September 20, 2006. WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 11.J.3. TSSPWS(57 TH HE QUIRE UBDIVISION ETITION ATER ERVICE AN33S)IRCN.UCP-2535 RD VENUE ORTH OF TREET PROJECT O RIV–FA ESOLUTION INAL SSESSMENT ON MOTION by Commissioner Lowther, SECONDED by Commissioner Davis, the Board unanimously approved Resolution 2006-171, certifying “as-built” costs for installation of thrd water service to the squire subdivision (57 Avenue at 33 Street) in Indian River County, Florida, and such other construction necessitated by such project; providing for formal completion date, and date for payment without penalty and interest. 11.J.4. P-O-WSPWS(R OINTOODS UBDIVISION ETITION ATER ERVICE OBIN L–R–RR)IRC ANE IVERSIDE OFF OSELAND OAD NDIAN IVER OUNTY PN.UCP-2613RIV–FA ROJECT O ESOLUTION INAL SSESSMENT ON MOTION by Commissioner Davis, SECONDED by Commissioner Lowther, the Board unanimously approved Resolution 2006-172 , certifying “as built” costs for installation of water service to Point-O-Woods subdivision (Robin Lane) in Indian River County, Florida, and such other construction October 24, 2006 62 necessitated by such project; providing for formal completion date, and date for payment without penalty and interest. 11.J.5. UCS2006–UCP2821 TILITY ONSTRUCTION TANDARDS ON MOTION by Commissioner Lowther, SECONDED by Commissioner Bowden, the Board unanimously approved the revised Water and Wastewater Utility Standards, as recommended in the memorandum of October 24, 2006. UTILITY STANDARDS IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 11.J.6. N&SCROWT ORTH OUTH OUNTY EVERSE SMOSIS ATER REATMENT PWO#7–AWSM LANTS ORK RDER LTERNATIVE ATER UPPLY ASTER PCD&MK,I. LAN BY AMP RESSER CEE NC ON MOTION by Commissioner Lowther, SECONDED by Commissioner Davis, the Board unanimously approved Work Order No. 7 to CDM, Inc. in the amount of $58,340.00 – Upper Limit, Account No. 472-169000-04521, for Alternative Water Supply Master Plan; and authorized the Chairman to execute same, as recommended in the memorandum of October 13, 2006. WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD October 24, 2006 63 12. COUNTY ATTORNEY 12.A. WATERWAY VILLAGE – DRI VESTING Attorney Collins requested that this item be deleted. 12.B. PROPOSED SETTLEMENT OF CHARLES L. LAFEVERS, JR., AS TRUSTEE OF THE JILL V. LAFEVERS TRUST AND SULLIVAN OF VERO BEACH LIMITED PARTNERSHIP V. INDIAN RIVER COUNTY Attorney Collins reviewed his memorandum of October 4, 2006 recommending settlement of the lawsuit by payment of $143,100 ($10 per square foot) to the property owners in exchange th for a deed for title to the property taken during the road improvements to 8 Place. Administrator Baird recommended they “tear” the road out. Attorney Collins argued that other people may benefit from the use of the road if they were th driving East to 6 Avenue instead of to US 1. He thought we could still have exposure for damages even if we tore the road out, because for whatever time the road has been there we have been occupying this property. He advised that the County would have to pay the property owner for that use, and would have to pay their attorney fees. Chairman Neuberger wondered how we ever built on somebody’s property. October 24, 2006 64 Attorney Collins explained that the Public Works Department was engaged in negotiations to acquire the property, but it never resulted in a deed, and they received grant money from SJRWMD and probably did not want to lose the grant money. Public Works Director Jim Davis described his discussions with Charles Sullivan in 2004, whereby he explained to Mr. Sullivan that SJRWMD has given grants to the County and that the County needed additional right of way (about 70 feet). Mr. Sullivan at the time indicated he did not see a problem. Mr. Sullivan asked for connection to the road, and also if he could get drainage to his site, so that he could use it. Discussion ensued. Attorney Collins talked to staff weeks before this became an agenda item. He did not want the road taken out. ON MOTION by Commissioner Lowther, SECONDED by Commissioner Neuberger, by a 3-2 vote, Commissioners Bowden and Wheeler opposed, the Board approved County Attorney’s recommendation, settlement of the lawsuit by payment of $143,100.00 to the property owners in exchange for a deed for title th to the property taken during the road improvements to 8 Place. Each party will pay their own costs and attorney’s fees, as recommended in the memorandum of October 4, 2006. October 24, 2006 65 13. COMMISSIONERS ITEMS 13.A. COMMISSIONER ARTHUR R. NEUBERGER, CHAIRMAN Chairman Neuberger wanted to show recognition to Mr. Cameron Mays, who was a Points of Light Recipient whom he met when he attended the Governor’s Points of Light Reception in Tallahassee. 13.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN 13.B.1.MHP OBILE OME ARKS Commissioner Wheeler read his memorandum of October 9, 2006 requesting the Board to direct staff to amend the Comprehensive Land Use Plan and change the Land Use designation of all existing Mobile Home Rental Parks in an effort to secure Park renters from potential rezoning leading to their eviction from their home sites. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Lowther, the Board unanimously approved to direct staff to include in the January 2007 submittal window of Land Use changes to the Department of Community Affairs (DCA) to amend the Comprehensive Land Use Plan to establish a Mobile Home Rental Park (NMHRP) Land Use Category that allows mobile home rental parks with accessory uses (clubhouses, swimming pools, etc.) and no other types of uses; and directed staff to change the Land Use designation of all existing Mobile October 24, 2006 66 Home Rental Parks to MHRP-6 (for existing RMH-6 parks) or MHRP-8 (for existing RMH-8 parks), as recommended in the memorandum of October 9, 2006. 13.C. COMMISSIONER SANDRA L. BOWDEN - NONE 13.D. COMMISSIONER WESLEY S. DAVIS - NONE 13.E. COMMISSIONER THOMAS S. LOWTHER - NONE 14. SPECIAL DISTRICTS AND BOARDS 14.A. EMERGENCY SERVICES DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene as the Board of Commissioners of the Emergency Services District. The Minutes are being prepared separately and appended to this document. 14.A.1. AMMA22,2006 PPROVAL OF INUTES OF EETING OF UGUST 14.A.2.AMMS12,2006 PPROVAL OF INUTES OF EETING OF EPTEMBER 14.A.3.UEESSN.5 TILITY ASEMENT FOR MERGENCY ERVICES TATION O October 24, 2006 67 14.B. SOLID WASTE DISPOSAL DISTRICT - NONE 14.C. ENVIRONMENTAL CONTROL BOARD - NONE 15. ADJOURNMENT 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 5:11 p.m. ATTEST: _________________________________ _______________________________ Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman Minutes Approved: _________________ MIS/ BCC2006Minutes October 24, 2006 68