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Home My WebLink About02/14/2006 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF FEBRUARY 14, 2006 1.CALL TO ORDER........................................................................................ 1 2.INVOCATION ............................................................................................... 1 3.PLEDGE OF ALLEGIANCE...................................................................... 1 4.CORRECTIONS/ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY ITEMS - NONE ................................................................ 2 5.PROCLAMATIONS AND PRESENTATIONS – GIFFORD YOUTH ACTIVITY CENTER ................................................................... 2 6.APPROVAL OF MINUTES – JANUARY 17, 2006 ................................. 2 7.CONSENT AGENDA ................................................................................... 3 7.A.R .....................................................................................................................3 EPORTS 7.B.AW–J27,2006F2,2006 .....................3 PPROVAL OF ARRANTS ANUARY TO EBRUARY 7.C.PCSU,F! .........................................3 ROCLAMATION OMMEMORATING TEP P LORIDA 7.D.2006EMPOC LECTION OF ETROPOLITAN LANNING RGANIZATION ITIZENS AC(MPOCAC)CJYV DVISORY OMMITTEE HAIRMAN ULIANA OUNG AND ICE CRJ ...................................................................................4 HAIRMAN OBERT OHNSON February 14, 2006 1 7.E.2006EMPOB LECTION OF ETROPOLITAN LANNING RGANIZATION ICYCLE AC(MPOBAC)CLHV DVISORY OMMITTEE HAIRMAN IBBY ARROW AND ICE CTG ............................................................................................4 HAIRMAN ERRY OFF 7.F.2006ECBA&A LECTION OF ONSTRUCTION OARD OF DJUSTMENTS PPEALS (CBAA)CPRVCF.M.“P” HAIRMAN ETER OBINSON AND ICE HAIRMAN ETE C ...................................................................................................................4 LEMENTS 7.G.AECHB(ECHB) PPOINTMENT TO THE NVIRONMENTAL ONTROL EARING OARD -\[D.JW.MD\] ......................................................................................4 R OHN CONALD 7.H.2006EECB(ECHB)C LECTION OF NVIRONMENTAL ONTROL OARD HAIRMAN APVCSS .................................5 LAN OLACKWICH AND ICE HAIRMAN TEVE NOBERGER 7.I.ATMGMP PPOINTMENT OF IMOTHY CARRY TO THE ETROPOLITAN LANNING OTAC(MPOTAC)–\[C RGANIZATION ECHNICAL DVISORY OMMITTEE BY ITY OF VB\] .............................................................................................................5 ERO EACH 7.J.O--CTC(&S)AF UTOFOUNTY RAVEL FOR OMMISSIONERS TAFF TO TTEND LORIDA ACLD-M29,2006 ...........................5 SSOCIATION OF OUNTIES EGISLATIVE AY ARCH 7.K.ARGMP PPOINTMENT OF EBECCA ROHALL TO THE ETROPOLITAN LANNING OTAC(MPOTAC)–\[C RGANIZATION ECHNICAL DVISORY OMMITTEE BY ITY OF S\] .................................................................................................................6 EBASTIAN 7.L.O--CT(C&S)A UTOFOUNTY RAVEL FOR OMMISSIONERS TAFF TO TTEND THE FACAC,J27-30, LORIDA SSOCIATION OF OUNTIES NNUAL ONFERENCE UNE 2006(MI) ................................................................................................6 ARCO SLAND 7.M.O--CTC(&S)A UTOFOUNTY RAVEL FOR OMMISSIONERS TAFF TO TTEND THE NHC,A10-14,2006-O.....................6 ATIONAL URRICANE ONFERENCE PRIL RLANDO 7.N.2006EMO(MPO)CS LECTION OF ETROPOLITAN RGANIZATION HAIRMAN ABIN AVCWD ............................................................7 BELL AND ICE HAIRMAN ESLEY AVIS 7.O.MSDCLP EDIATED ETTLEMENT OF ISPUTE ONCERNING THE AWTON ROPERTY (IRBEP) ....................................................7 NDIAN IVER OULEVARD XTENSION ARCEL 7.P.BWS20159SSW–AL TH ARKET ATER ERVICE AT TREET PPROVAL OF ABOR CWAN.2005-019I ONTRACT ORK UTHORIZATION O FOR NSTALLATION OF WSL–(TDC,I.)......................................7 ATER ERVICE INE HE ANELLA OMPANIES NC February 14, 2006 2 7.Q.ABAIRCB#2006052MTW PPROVAL OF ID WARD FOR ID OWING AT WO ATER TP–UD/WT REATMENT LANTS TILITIES EPARTMENT ASTEWATER REATMENT D .....................................................................................................................8 IVISION 7.R.MBA008(R2006-019) ....................9 ISCELLANEOUS UDGET MENDMENT ESOLUTION 7.S.TSS,58A33S-IR THRD HE QUIRE UBDIVISION VENUE AT TREET NDIAN IVER CBN.2006054-ALCW OUNTY ID O PPROVAL OF ABOR ONTRACT ORK AN.2005-022IWM–(T UTHORIZATION O FOR NSTALLATION OF ATER AIN HE DC,I.) ......................................................................................9 ANELLA OMPANIES NC 7.T.SHI.’RFPAA HELBY OMES NCS EQUEST FOR INAL LAT PPROVAL FOR SKBPS .......................... 10 UBDIVISION TO BE NOWN AS RADFORD LACE UBDIVISION 8.A.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - ROY RAYMOND – INDIAN RIVER COUNTY SHERIFF – 2005-06 LIVESCAN WORKSTATION GRANT APPLICATION ........................................................................................... 10 9.A.1.PUBLIC HEARING – CONSIDERATION OF PROPOSED AMENDMENTS TO LAND DEVELOPMENT REGULATIONS CHAPTER 929, NATIVE UPLAND HABITAT PROTECTION ........................................................................................ 11 (LEGISLATIVE) 9.A.2.PUBLIC HEARING – LAKEWOOD TERRACE WATER TH SERVICE – WEST SIDE OF 27 AVENUE, NORTH OF THE ST. LUCIE COUNTY LINE - INDIAN RIVER COUNTY PROJECT NO. UCP-2317, RESOLUTION III – PUBLIC HEARING - (.................................................................................. 14 ADMINISTRATIVE) 9.B.PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM JOSEPH PALADIN, CHAIRMAN, GROWTH AWARENESS COMMITTEE, REGARDING CHAPTER 911...................................... 16 February 14, 2006 3 9.C.PUBLIC NOTICE ITEMS - NONE .......................................................... 17 10.COUNTY ADMINISTRATOR’S MATTERS - NONE ......................... 17 11.A.COMMUNITY DEVELOPMENT - NONE ............................................ 17 11.B.EMERGENCY SERVICES - NONE ........................................................ 17 11.C.GENERAL SERVICES .............................................................................. 17 1.3PR–NCAB .................. 17 RD ROGRESS EPORT EW OUNTY DMINISTRATION UILDINGS 11.D.HUMAN RESOURCES - NONE .............................................................. 17 11.E.HUMAN SERVICES - NONE ................................................................... 18 11.F.LEISURE SERVICES - NONE ................................................................. 18 11.G.OFFICE OF MANAGEMENT AND BUDGET - NONE ...................... 18 11.H.RECREATION - NONE ............................................................................. 18 RD 11.I.1PUBLIC WORKS - PROPERTY ACQUISITION, 2045 43 RD AVENUE – 43 AVENUE / SR#60 WIDENING PROJECT, LAZY J, LLC, OWNER ............................................................................. 18 11.J.1UTILITIES SERVICES - CONSULTING SERVICES WORK ORDER NO. 3 WITH BROWN AND CALDWELL FOR THE February 14, 2006 4 DEVELOPMENT OF A COUNTYWIDE RECLAIMED WATER SYSTEM IMPLEMENTATION PLAN – UCP 2747. ............................ 19 11.J.2.VERO LAKE ESTATES SUBDIVISION AND PINE LAKE ESTATES (UCP #2381) WATER, SEWER, ROADS & DRAINAGE IMPROVEMENTS. ............................................................. 20 12.COUNTY ATTORNEY - NONE .............................................................. 22 13.COMMISSIONERS ITEMS ...................................................................... 22 ACHAIRMAN ARTHUR R. NEUBERGER - NONE .............................. 22 B.VICE CHAIRMAN GARY C. WHEELER - NONE.............................. 22 C.COMMISSIONER SANDRA L. BOWDEN - NONE ............................ 22 D.COMMISSIONER WESLEY S. DAVIS - NONE .................................. 22 E.COMMISSIONER THOMAS S. LOWTHER - NONE ......................... 22 14.A.EMERGENCY SERVICES DISTRICT AND BOARDS -NONE ........ 22 14.B. SOLID WASTE DISPOSAL DISTRICT ................................................. 22 1.A.AM-RMD6,2005 ................. 22 PPROVAL OF INUTES EGULAR EETING OF ECEMBER 1.B.RMD13,2005 ........................................................... 22 EGULAR EETING OF ECEMBER 2.AESEC NNUAL NGINEERING ERVICES AND NVIRONMENTAL OMPLIANCE A.............................................................................................................. 23 SSISTANCE February 14, 2006 5 3.IRCI’RSW NDIAN IVER ORRECTIONAL NSTITUTIONS EQUEST FOR OLID ASTE AA ..................................................................................... 23 SSESSMENT DJUSTMENT 14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 23 February 14, 2006 6 February 14, 2006 MEETING OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY 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, February 14, 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 Administrator Joseph A. Baird, County Attorney William G. Collins II, Assistant to Executive Aide to the Board Reta Smith, and Deputy Clerk Athena Adams. 1. CALL TO ORDER Chairman Neuberger called the meeting to order at 9:00 a.m. 2. INVOCATION Reverend John Robbins, Trinity Episcopal Church, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Vice Chairman Wheeler led the Pledge of Allegiance to the Flag. February 14, 2006 1 4. CORRECTIONS/ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY ITEMS - NONE 5. PROCLAMATIONS AND PRESENTATIONS – GIFFORD YOUTH ACTIVITY CENTER Gifford Youth Activity Center’s (GYAC) Executive Director Michael Hubler, and Administrator of Development & Marketing Freddie Woolfork, through a slide presentation informed the Board of GYAC’S recent award for being the “outstanding community organization in the State of Florida”. The Florida African American Education Alliance 2005 Community Organization of the Year Award was bestowed on GYAC on January 16, 2006 and was presented by Governor Jeb Bush. GYAC hopes to continue to fulfill the educational and developmental needs of the children of Indian River County. Numerous programs are offered and among those added for teens and adults are GED, childcare, computer technology and money management. GYAC is proud of the success of its violin program and hope that some day they could perform for the Board. Concluding, Mr. Hubler thanked the Board for all its continued support. The Chairman acknowledged the Award and Presentation of the Gifford Youth Activity Center. 6. APPROVAL OF MINUTES – JANUARY 17, 2006 The Chairman asked if there were any corrections/additions or deletions to the Minutes of the Regular Meeting of January 17, 2006. There were none. ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the February 14, 2006 2 Minutes of the Meeting of January 17, 2006, 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.Report of Convictions, Month of January 2006. 7.B. AW–J27,2006F2, PPROVAL OF ARRANTS ANUARY TO EBRUARY 2006 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for the time period of January 27, 2006 to February 2, 2006, as requested. 7.C. PCSU,F! ROCLAMATION OMMEMORATING TEP P LORIDA The Chairman read into record and presented to Tina Zayas the Proclamation Commemorating Step Up, Florida! (CLERK’S NOTE: The Chairman read and presented this Proclamation following the recess at 10:31 a.m. and is noted here for continuity) February 14, 2006 3 7.D. 2006EMPO LECTION OF ETROPOLITAN LANNING RGANIZATION CAC(MPOCAC)CJ ITIZENS DVISORY OMMITTEE HAIRMAN ULIANA YVCRJ OUNG AND ICE HAIRMAN OBERT OHNSON The 2006 Elections were noted for the record. 7.E. 2006EMPO LECTION OF ETROPOLITAN LANNING RGANIZATION BAC(MPOBAC)CL ICYCLE DVISORY OMMITTEE HAIRMAN IBBY HVCTG ARROW AND ICE HAIRMAN ERRY OFF The 2006 Elections were noted for the record. 7.F. 2006ECBA& LECTION OF ONSTRUCTION OARD OF DJUSTMENTS A(CBAA)CPRV PPEALS HAIRMAN ETER OBINSON AND ICE CF.M.“P”C HAIRMAN ETE LEMENTS The 2006 Elections were noted for the record. 7.G. AECH PPOINTMENT TO THE NVIRONMENTAL ONTROL EARING B(ECHB)-\[D.JW.MD\] OARD R OHN CONALD ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved the appointment of Dr. John W. McDonald as the Medical Doctor member to the Indian River County Environmental Control Hearing Board (ECHB), replacing Dr. John J. February 14, 2006 4 Witte, as recommended in the memorandum of February 1, 2006. 7.H.2006EECB(ECHB) LECTION OF NVIRONMENTAL ONTROL OARD CAPVCS HAIRMAN LAN OLACKWICH AND ICE HAIRMAN TEVE S NOBERGER The 2006 Elections were noted for the record. 7.I.ATMGM PPOINTMENT OF IMOTHY CARRY TO THE ETROPOLITAN POTAC LANNING RGANIZATION ECHNICAL DVISORY OMMITTEE (MPOTAC)–\[CVB\] BY ITY OF ERO EACH The Appointment was noted for the record. 7.J.O--CTC(&S) UTOFOUNTY RAVEL FOR OMMISSIONERS TAFF TO AFACLD- TTEND LORIDA SSOCIATION OF OUNTIES EGISLATIVE AY M29,2006 ARCH ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved Out-of-County travel for Commissioners and staff to attend the Florida Association of Counties (FAC) 2006 Legislative Day, March 29, 2006, in Tallahassee, as requested in the memorandum of February 3, 2006. February 14, 2006 5 7.K.ARGM PPOINTMENT OF EBECCA ROHALL TO THE ETROPOLITAN POTAC LANNING RGANIZATION ECHNICAL DVISORY OMMITTEE (MPOTAC)–\[CS\] BY ITY OF EBASTIAN The Appointment was noted for the record. 7.L. O--CT(C&S) UTOFOUNTY RAVEL FOR OMMISSIONERS TAFF TO AFACA TTEND THE LORIDA SSOCIATION OF OUNTIES NNUAL C,J27-30,2006(MI) ONFERENCE UNE ARCO SLAND ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved out-of-county travel for Commissioners and staff to attend the Florida Association of Counties Annual Conference, June 27-30, 2006, at the Marco Island Marriott Resort and Spa in Collier County, as requested in the memorandum of February 8, 2006. 7.M.O--CTC(&S) UTOFOUNTY RAVEL FOR OMMISSIONERS TAFF TO ANHC,A10-14, TTEND THE ATIONAL URRICANE ONFERENCE PRIL 2006-O RLANDO ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved out-of-county travel for Commissioners and staff to attend th the 28 Annual National Hurricane Conference, April February 14, 2006 6 10-14, 2006, in Orlando, as requested in the memorandum of February 8, 2006. 7.N.2006EMO(MPO) LECTION OF ETROPOLITAN RGANIZATION CSAVCWD HAIRMAN ABIN BELL AND ICE HAIRMAN ESLEY AVIS The 2006 Elections were noted for the record. 7.O.MSDCL EDIATED ETTLEMENT OF ISPUTE ONCERNING THE AWTON P(IRBEP) ROPERTY NDIAN IVER OULEVARD XTENSION ARCEL ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously accepted the Settlement Agreement at Mediation; authorized payment of $15,000.00 to Abner and Betty Lawton in full and final settlement of the dispute; and, authorized payment of mediation fees of $725.00 to Gene Roddenberry, Esquire, all as recommended in the memorandum of November 2, 2005. COPY OF SETTLEMENT AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.P. BWS20159SSW–A TH ARKET ATER ERVICE AT TREET PPROVAL OF LCWAN.2005-019 ABOR ONTRACT ORK UTHORIZATION O FOR IWSL–(TD NSTALLATION OF ATER ERVICE INE HE ANELLA C,I.) OMPANIES NC February 14, 2006 7 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved the above Project for an estimated cost of $4,533.06; approved Work Authorization No. 2005-019 for labor in the amount of $3,885.96 to the Utilities Department Labor Contractor and authorized the Chairman to execute same, all as recommended in the memorandum of January 16, 2006. (WORK AUTHORIZATION 2005-019 ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD) 7.Q.ABAIRCB#2006052M PPROVAL OF ID WARD FOR ID OWING AT TWTP–UD/ WO ATER REATMENT LANTS TILITIES EPARTMENT WTD ASTEWATER REATMENT IVISION ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously Awarded Bid #2006052 to Sun World Landscape, Inc. as the lowest 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 February 2006 through September 30, 2006 with the recommended bidder; and authorized the Purchasing Manager to renew this Bid for two (2) additional one (1) year periods subject to the February 14, 2006 8 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, all as recommended in the memorandum of February 6, 2006. 7.R. MBA008(R ISCELLANEOUS UDGET MENDMENT ESOLUTION 2006-019) ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2006-019 amending the fiscal year 2005/2006 Budget. 7.S. TSS,58A33S-I THRD HE QUIRE UBDIVISION VENUE AT TREET NDIAN RCBN.2006054-ALC IVER OUNTY ID O PPROVAL OF ABOR ONTRACT WAN.2005-022I ORK UTHORIZATION O FOR NSTALLATION OF WM–(TDC,I.) ATER AIN HE ANELLA OMPANIES NC ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved the above project for an estimated cost of $8,125.84; approved Work Authorization No. 2005-022 for labor in the amount of $4,693.95 to the Utilities Department Labor Contractor and authorized the Chairman to execute same, all as recommended in the memorandum of February 6, 2006. February 14, 2006 9 (WORK AUTHORIZATION DIRECTIVE ON FILE IN THE OFFICE OF CLERK TO THE BOARD) 7.T. SHI.’RFPA HELBY OMES NCS EQUEST FOR INAL LAT PPROVAL FOR ASKBPS UBDIVISION TO BE NOWN AS RADFORD LACE UBDIVISION ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously granted Final Plat Approval for Bradford Place Subdivision, \[2004020299-51198/SD-04-06-24\], as recommended in the memorandum of February 7, 2006. 8.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - ROY RAYMOND – INDIAN RIVER COUNTY SHERIFF – 2005-06 LIVESCAN WORKSTATION GRANT APPLICATION ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved the Indian River County Sheriff’s Office 2005-06 Livescan Workstation Grant Application, as requested in the Letter of February 2, 2006. (COPY OF LIVESCAN WORKSTATION GRANT APPLICATION ON FILE IN THE OFFICE OF CLERK TO THE BOARD) February 14, 2006 10 9.A.1. PUBLIC HEARING – CONSIDERATION OF PROPOSED AMENDMENTS TO LAND DEVELOPMENT REGULATIONS CHAPTER 929, NATIVE UPLAND HABITAT PROTECTION (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Chief of Environmental Planning & Code Enforcement Roland DeBlois briefly recapped the 1990 adoption of the County’s current Comprehensive Plan and outlined, through a PowerPoint presentation, the set-aside requirements of the County’s Upland Native Plant Community Conservation Areas program, which are implemented through Chapter 929.05 of the Indian River County Land Development Regulations (LDR). The Board was requested to consider proposed amendments that:  Clarifies exemptions for agricultural operations and single-family home-site parcels.  Eliminates set-aside cap of 10% of total project site (not supported by PSAC).  Eliminates the opportunity to reduce the 15% set-aside to 10% if conserved as one contiguous tract.  Requires that native upland set-aside areas have horizontal dimensions no less than 50 feet.  Requires that native upland set-asides be conserved as common areas tracts (vs. on private platted lots)  Requires that set-aside conservation areas be posted, and fenced along portions of the conservation area boundary that abut single-family residential lot(s). February 14, 2006 11  Requires, for off-site set-asides, contiguity with another conservation area; management plan required.  Clarifies that fee-in-lieu of set-aside is last alternative; only allowed if set- aside precludes “reasonable use” of a project site. Mr. DeBlois explained that the fee-in-lieu option was a last alternative and can only be used if there has been a process to demonstrate, on the developer’s part, that it is just not practical or appropriate to have a set-aside on the property. Discussion ensued and Commissioner Bowden questioned the number of times staff had used the fee-in-lieu alternative prior and whether it was expected to re-appear. Commissioner Davis questioned the necessity for a MAI appraisal if county staff and developers could agree on a price. Mr. DeBlois addressed the questions explaining that it was fairly common for developers to offer fee-in-lieu in the 1990’s, which was more of an option then and not a last alternative. He also explained why staff preferred the appraisal approach. The Chairman supported the appraisal approach. Concluding, Mr. DeBlois recommended that the Board approve the amendments as presented. The Chairman opened the public hearing. Bob Johnson, Coral Wind Subdivision, was not clear on the reasons to change existing appraisal process to market value. He wanted definition specific to whether it is market value for agricultural land or appraisal on something for RS-3 or RM-3. Mr. DeBlois explained that it is based on the value assessment of the subject property and also depended on the specific characteristics of the property. Bob Swift, 6400 block of Glendale Road, was happy to see the matter being brought before the Commission and commended Planning and Zoning staff for moving the process February 14, 2006 12 along. Although it did not reflect everything he wanted to see, he felt it was a good start and encouraged adoption as written. There were no additional speakers and the Chairman closed the public hearing. Discussion ensued and Commissioner Davis sought clarification on fencing for the designated set-aside areas. He was also concerned with maintenance of tracts and saw the potential for fire hazards and needed to know what were the County’s plans for designated set-asides. Mr. DeBlois explained that the plan was not to fence off the total tract but to clearly define the boundary to people who own lots abutting the property. Staff intends to monitor the proposed use to make sure it is compatible with its intent and does not conflict with potential urban wildlife movement Set-asides are typically dedicated to neighborhood associations, which assume responsibility for maintenance and it would do well for the County to have an enforcement mechanism in place by which to control and eliminate exotic plants. Neighborhood Associations are welcome to seek County’s guidance and/or assistance. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Chairman Neuberger, to adopt staff’s recommendation. Under discussion, Commissioner Wheeler supported the idea to add a clause that states who is responsible for maintenance of the property. MOTION WAS AMENDED by Commissioner Wheeler, SECONDED by Chairman Neuberger, to approve staff’s recommendation on condition that a clause be added (S.929.05(2)(d) to provide for a management plan. February 14, 2006 13 The Chairman CALLED THE QUESTION and the MOTION carried unanimously to adopt Ordinance 2006-005 Amending Section 929.05 of the Land Development Regulations (LDRS) relating to Native Upland Plant Community Conservation Areas; Clarifying that a fee-in-lieu of Upland set-aside shall be considered only as a last alternative; revising the fee-in-lieu of set-aside calculation from tax assessed value to fair-market value; requiring that upland set-asides be common areas; and providing for repeal of conflicting provisions, on condition codification, severability and effective date, that staff include a provision \[S.929.05(2)(d)\] providing for a management plan . 9.A.2. PUBLIC HEARING – LAKEWOOD TERRACE WATER TH SERVICE – WEST SIDE OF 27 AVENUE, NORTH OF THE ST. LUCIE COUNTY LINE - INDIAN RIVER COUNTY PROJECT NO. UCP-2317, RESOLUTION III – PUBLIC HEARING - ( ADMINISTRATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Chairman Neuberger was informed by the County Attorney’s office of a problem with advertisement for this item. County Attorney William Collins explained the process for special assessment resolutions and noted that the advertisement did not have the specifics for Lakewood Park and would have to be re-advertised. He, however, suggested the Chairman open the public hearing for February 14, 2006 14 residents who were already in attendance; take the inputs but not adopt or confirm the resolution until we get the appropriate re-advertisement and return in about a month to finalize the assessment project. Manager of Assessment Projects Dan Chastain confirmed that some property nd owners were in attendance based on an information meeting he had with them on February 2 as well as letters that were sent out. He had received very few phone calls; a few positives; and, a couple indicated they did not want it because it would be a financial hardship. Overall there was no outcry of opposition but more support instead. The Chairman opened the public hearing. th Dorothy Jeffries, 2355 28 Avenue SW, missed the Planning & Zoning meeting and wanted to be informed. She is in agreement of the project but was concerned about whose responsibility it would be to replace her driveway and yard. Mr. Chastain informed her that the County has reverse osmosis water plants throughout the County in a regional system. Water is treated in state-of-the-art facilities; are among the finest methods used in the world; and, meets or exceeds all Federal and State water quality standards. Contractors’ Agreements have conditions that require them to leave the property in as good condition or better than they found it. th Patricia Edwards, 2365 28 Avenue SW, said all her questions were answered and supported the project. Commissioner Davis inquired if it is our policy to notify with certified mail. Mr. Chastain replied that we have discontinued the practice, as it was too costly and not necessary. Attorney Collins affirmed. February 14, 2006 15 th Bruce Angle, 2315 27 Drive SW, represented neighbors who could not attend meetings because of work. They are glad the project is happening for the right reasons but expressed concern as to why they are paying $3,000.00. The Chairman suggested that explanation be included in the next mailings. Administrator Baird pointed out that telephone numbers are provided in letters to them and they are encouraged to call Mr. Chastain. There were no additional speakers and the Chairman closed the public hearing. (CLERK’S NOTE: No action taken – Item to be re-advertised for Public Hearing) 9.B. PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM JOSEPH PALADIN, CHAIRMAN, GROWTH AWARENESS COMMITTEE, REGARDING CHAPTER 911 Joseph Paladin, Chairman, Growth Awareness Committee (a private sector organization), presented proposed changes to the County’s Land Development Regulations (LDR), Chapter 911.08 – “Multi-family residential districts”. He requested that staff be given the go-ahead to review his recommendations for incorporation in the permanent records. Commissioner Bowden suggested to Mr. Paladin that all future requests/recommendations that require a vote be put in writing when submitting backup for the Agenda. Mr. Paladin acknowledged and agreed. ON MOTION by Commissioner Davis, SECONDED by Chairman Neuberger, the Board agreed that staff review the proposed changes to Chapter 911 and present to the Board February 14, 2006 16 in Ordinance format, as requested in the letter of February 8, 2006. 9.C. PUBLIC NOTICE ITEMS - NONE 10. COUNTY ADMINISTRATOR’S MATTERS - NONE 11.A. COMMUNITY DEVELOPMENT - NONE 11.B. EMERGENCY SERVICES - NONE 11.C. GENERAL SERVICES 1. 3PR–NCA RD ROGRESS EPORT EW OUNTY DMINISTRATION B UILDINGS Project Manager Steve Blum reported on the physical progress, the schedule, and the financial status of the project. Work was continuing, with the west end parking lot scheduled to be opened for public use in the next few days. The Bridge construction is complete but lacks a top layer of asphalt. Concrete and pre-cast contractors reported a 38-day delay because of difficulties associated with labor. However, the delay is only on portions of the project and the promised target date of January 16, 2007 will not be compromised. Financially, things are as well as can be. No action taken or required. 11.D. HUMAN RESOURCES - NONE February 14, 2006 17 11.E. HUMAN SERVICES - NONE 11.F. LEISURE SERVICES - NONE 11.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 11.H. RECREATION - NONE RD 11.I.1 PUBLIC WORKS - PROPERTY ACQUISITION, 2045 43 RD AVENUE – 43 AVENUE / SR#60 WIDENING PROJECT, LAZY J, LLC, OWNER Public Works Director James Davis briefly described the subject property, which is rd located north of the Main Relief Canal and on the west side of 43 Avenue. Staff is seeking rd approval to purchase the property and plans to widen and improve the 43 Avenue / SR#60 intersection and roadway. Commissioner Wheeler questioned the difference between the $111,000.00 appraised value and $122,000.00 asking price; and, what would be the average if we were not to do this and go to condemnation; would it be 35%? Attorney Collins explained that condemnation would result in us paying attorneys’ fees on both sides, and would also be looking to adding at least 35% to the cost of acquisition. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved the $122,000.00 purchase, and authorized execution of the February 14, 2006 18 Agreement to Purchase and Sell Real Estate, as recommended in the memorandum of February 7, 2006. (AGREEMENT ON FILE IN THE OFFICE OF CLERK TO THE BOARD) 11.J.1 UTILITIES SERVICES - CONSULTING SERVICES WORK ORDER NO. 3 WITH BROWN AND CALDWELL FOR THE DEVELOPMENT OF A COUNTYWIDE RECLAIMED WATER SYSTEM IMPLEMENTATION PLAN – UCP 2747. Director of Utility Services Erik Olson presented an overview of the program. Staff is looking to widen the whole concept of implementation that is used. As wastewater plants are expanded they want to make sure that for every gallon of wastewater affluent produced it results in a gallon of irrigation. It is the intent to develop a countywide planning process that incorporates certain amounts of changes within our ordinances to allow for development of reuse within Developments. Director Olson met on Monday with the Solar Water Conservation Board and discussed water conservation measures and what the County could do to ensure water conservation so as not to conflict with agriculture. Chairman Neuberger asked if it was possible to include every homeowner with availability of this water. Director Olson pointed out that the limitation is on availability and as time progresses we will find demand exceeding availability. Staff wants to have availability in place ahead of demand. Commissioner Davis inquired for how long is our unified permit valid. Director Olson explained that in this particular instance we are looking at a 20-year permit process. He also informed that implementation of plan is in our favor because St. John’s Water Management February 14, 2006 19 District looks at this as a proactive approach towards water supply management so there is benefit all the way around. ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved Work Order No. 3 with B&C in the amount of $194,500.00 for a Comprehensive Wastewater Reuse Plan, and authorized the Chairman to execute same, as recommended in the memorandum of January 19, 2006. (WORK ORDER NO. 3 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD) 11.J.2. VERO LAKE ESTATES SUBDIVISION AND PINE LAKE ESTATES (UCP #2381) WATER, SEWER, ROADS & DRAINAGE IMPROVEMENTS. Director of Utility Services Erik Olson, through a PowerPoint presentation, introduced the project, informing the Board of the various alternatives, associated costs, and funding mechanisms available for providing water, sewer, roads, and drainage improvements to the Vero Lake Estates and Pine Lake Estates Subdivision. A number of alternates and projected cost were presented as follow: Alternative 1: Water only at a cost of $20 million Alternative 2: Water, Roads, and Drainage at $64 million Alternative 3: Water, Roads, and Drainage at $102 million. Public Works Director James Davis, Environmental Engineer Himanshu Mehta, Cheryl Dunne of Environmental Health, and Director, Jason Brown, Office of Management & Budget, February 14, 2006 20 presented overviews on Roads and Drainage, Water and Sewer, Health Department, and Project Alternatives and Funding, respectively. Paving and drainage improvements for 66 miles of roadway were recommended. The water system represents approximately 72 miles of piping. Kimley-Horn’s Evaluation recommended a Gravity Sewer over the Vacuum Sewer System, based on lower operating, maintenance and installation costs and noise/odor issues. The Health Department’s major concern is with ground water and surface water contamination. Funding options were presented with recommendation to proceed with Alternative 3. (CLERK’S NOTE: Chairman Neuberger called a short recess at 10:22 a.m. The meeting reconvened at 10:31 a.m. with all members present) (CLERK’S NOTE: Item 7.C - Chairman read into record and presented to Tina Zayas the Proclamation Commemorating Step Up Florida! at this time.) Director Davis continued his Presentation outlining the proposed roadway and drainage improvements for Vero Lake Estate and Pine Lake Estates Subdivisions. Under discussion, the Board sought clarification on the 72 miles of piping for the water system; and, the feasibility of running the water on utility easements at the back of houses. Staff preferred that storm-water improvements be in the front; it was less expensive. Director Olson recapped the presentation and recommended proceeding with Alternative 3 – installation of both the county water and sewer system, and improvements to road and drainage. Staff will present scenarios to residents in a public meeting and provide feedback to the Board. He also sought guidance from the Board regarding the funding options staff intends to speak to the community about. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowden, the Board unanimously approved Alternative 3: Water, Sewer, Roads, and Drainage at $102 February 14, 2006 21 million, as recommended in the memorandum of February 8, 2006. 12. COUNTY ATTORNEY - NONE 13. COMMISSIONERS ITEMS A CHAIRMAN ARTHUR R. NEUBERGER - NONE B. VICE CHAIRMAN GARY C. WHEELER - NONE C. COMMISSIONER SANDRA L. BOWDEN - NONE D. COMMISSIONER WESLEY S. DAVIS - NONE E. COMMISSIONER THOMAS S. LOWTHER - NONE 14.A. EMERGENCY SERVICES DISTRICT AND BOARDS -NONE 14.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment of the Board of County Commissioners Meeting, 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. 1.A. AM-RMD6, PPROVAL OF INUTES EGULAR EETING OF ECEMBER 2005 1.B.RMD13,2005 EGULAR EETING OF ECEMBER February 14, 2006 22 2. AESE NNUAL NGINEERING ERVICES AND NVIRONMENTAL CA OMPLIANCE SSISTANCE 3. IRCI’RS NDIAN IVER ORRECTIONAL NSTITUTIONS EQUEST FOR OLID WAA ASTE SSESSMENT DJUSTMENT 14.C. ENVIRONMENTAL CONTROL BOARD - NONE 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 11:17 a.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman Minutes Approved: _________________ BCC/AA/2006 Minutes February 14, 2006 23