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HomeMy WebLinkAbout02/21/2006 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF FEBRUARY 21, 2006 1.CALL TO ORDER........................................................................................ 1 2.INVOCATION ............................................................................................... 1 3.PLEDGE OF ALLEGIANCE...................................................................... 1 4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ............................................................................................................ 2 5.PROCLAMATIONS AND PRESENTATIONS - NONE ........................ 2 6.APPROVAL OF MINUTES – NONE ........................................................ 2 7.CONSENT AGENDA ................................................................................... 2 7.A.PDM9-11,2006M ROCLAMATION ESIGNATING ARCH AS ENTALLY HW(KC–TRD) ................3 ANDICAPPED EEK NIGHTS OF OLUMBUS OOTSIE OLL RIVE 7.B.O--CTCAS UTOFOUNTY RAVEL FOR OMMISSIONERS TO TTEND A YMPOSIUM ON BF’F-SSR UILDING LORIDAS UTURE TATE TRATEGIES FOR EGIONAL C–RMH–M17,2006..................................3 OOPERATION ADISSON IAMI OTEL ARCH 7.C.R/AC’SAC ESIGNATIONPPOINTMENTS HILDRENS ERVICES DVISORY OMMITTEE (CSAC) .......................................................................................................................3 7.D.RAVW14YS .................4 ETIREMENT WARD TO ANNIE ILLIAMS FOR EARS OF ERVICE February 21, 2006 1 7.E.RAEMC30YS .................4 ETIREMENT WARD TO RNEST CLOUD FOR EARS OF ERVICE 7.F.AW ...........................................................................................4 PPROVAL OF ARRANTS 7.G.O--CTCA .................................4 UTOFOUNTY RAVEL FOR THE OUNTY DMINISTRATOR 7.H.RSFEMAHMGPSP,WO OCKRIDGE UBDIVISION URGE ROTECTION ORK RDER #6–RRRPBS&J(PB EQUEST FOR ELEASE OF ETAINAGE FOR OST UCKLEY S&J)(HF)...........................................................5 CHUH ERNIGAN URRICANE RANCES 7.I.W26S43A66A–C THRDTH IDENING OF TREET FROM VENUE TO VENUE IVIL ELSSS(RN NGINEERING AND AND URVEYING ERVICES ELECTION ELATED TO EW CABC) ......................................................5 OUNTY DMINISTRATION UILDING OMPLEX 7.J.IRCD,L.L.C.’RFPA EVELOPMENT S EQUEST FOR INAL LAT PPROVAL FOR A SKLSPII–P.D. ............6 UBDIVISION TO BE NOWN AS THE AKES AT ANDRIDGE HASE 7.K.ABASAIRCB#2006054– PPROVAL OF ID WARD AND AMPLE GREEMENT FOR ID TSSWAP–U HE QUIRE UBDIVISION ATER SSESSMENT ROJECT TILITIES D ..............................................................................................................6 EPARTMENT 7.L.ABASAIRCB#2006053– PPROVAL OF ID WARD AND AMPLE GREEMENT FOR ID P-O-WSWAP–U OINTOODS UBDIVISION ATER SSESSMENT ROJECT TILITIES D ..............................................................................................................7 EPARTMENT 7.M.FPRRE INAL AYMENT AND ELEASE OF ETAINAGE FOR THE MERGENCY C–BC–IRCSOH ONTRACT ARTH ONSTRUCTION URRICANE R/R(DRHF)....................8 EPAIRENOVATION AMAGES ELATED TO URRICANE RANCES 7.N.JAG(JAG) ...........................................................................8 USTICE SSISTANCE RANT 7.O.DEESSD ............................9 ECLARE XCESS QUIPMENT URPLUS FOR ALE OR ISPOSAL 7.P.S,B,&SI.’RFPA CHULKE ITTLE TODDARD NCS EQUEST FOR INAL LAT PPROVAL SKCSP.D.–VE FOR A UBDIVISION TO BE NOWN AS ITRUS PRINGS ILLAGE (SP) .............................................................................................. 10 UNTREE ARTNERS 7.Q.S,B,&SI.’RFPA CHULKE ITTLE TODDARD NCS EQUEST FOR INAL LAT PPROVAL SKCSP.D.–VD– FOR A UBDIVISION TO BE NOWN AS ITRUS PRINGS ILLAGE PII(SP) .............................................................................. 12 HASE UNTREE ARTNERS 7.R.S,B,&SI.’RFPA CHULKE ITTLE TODDARD NCS EQUEST FOR INAL LAT PPROVAL SKCSP.D.–VF– FOR A UBDIVISION TO BE NOWN AS ITRUS PRINGS ILLAGE PII(SP) .............................................................................. 13 HASE UNTREE ARTNERS February 21, 2006 2 7.S.TLD’ADC USCANY AKES EVELOPERS GREEMENT FOR EVELOPER ONTRIBUTIONS II58A ....................................... 14 TH TO NTERSECTION MPROVEMENTS ALONG VENUE 7.T.AMP,I.AP PPROVAL OF ALCOLM IRNIE NC GREEMENT FOR ROFESSIONAL SWON.1–RRRS ERVICES AND ORK RDER O FOR THE OCKRIDGE UBDIVISION SPP(HFR) ........................ 14 URGE ROTECTION ROJECT URRICANE RANCES ELATED 7.U.ACCD,I.’R TLANTIC OAST ONSTRUCTION AND EVELOPMENT NCS EQUEST FOR FPASKPP INAL LAT PPROVAL FOR A UBDIVISION TO BE NOWN AS ALADIN LACE II .............................................................................................................................. 15 8.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES \[SHERIFF - REQUEST FOR EMERGENCY ADDITION TO AGENDA - 2006-2007 VICTIMS OF CRIME ACT (VOCA) GRANT\] (ADD-ON) .................................................................... 15 9.A.1.PUBLIC HEARING – BOARD CONSIDERATION TO APPROVE PURCHASE OF THE RYALL PARCEL OF THE “SOUTH PRONG SLOUGH” SITE UNDER THE COUNTY ENVIRONMENTAL LANDS PROGRAM \[LAND ACQUISITION ADVISORY COMMITTEE (LAAC) FLORIDA COMMUNITIES TRUST \[FCT\] COST-SHARE\] ................................................................. 16 9.A.2.PUBLIC HEARING –ANNE G. KEEN TRUST’S REQUEST TO REZONE 37.16 ACRES FROM A-1 TO RS-3 ........................................ 18 9.B.1.PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM KEEP INDIAN RIVER BEAUTIFUL, INC. (KIRB) REGARDING THE GREAT AMERICAN CLEANUP ................................................... 20 9.B.2.PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM CHARLES R. LEWIS REGARDING HOMEOWNERS AND February 21, 2006 3 DEVELOPER RESPONSIBILITY IN THE PRESERVE OF VERO - WITHDRAWN ............................................................................. 20 9.B.3.PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM UNCONDITIONAL CARING REGARDING COMMUNITY CARING INITIATIVE ............................................................................... 20 9.B.4.PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM HARRY RIGHTON REGARDING FIRST BAPTIST CHURCH FESTIVAL OF JOY ................................................................................... 21 9.C.PUBLIC NOTICE ITEMS ......................................................................... 21 1.NSPHM7,2006:C OTICE OF CHEDULED UBLIC EARING ARCH ENTRAL AGI.’R:R±10.42 SSEMBLY OF OD NCS EZONING EQUEST TO REZONE ACRES 16S93066A, THTH NORTH OF TREET AND APPROXIMATELY FEET WEST OF VENUE A-1,A-1D(1/5),RM-6, FROM GRICULTURAL ISTRICT UP TO UNIT ACRES TO M-FRD(6/).C ULTIAMILY ESIDENTIAL ISTRICT UP TO UNITSACRE ENTRAL AG,O.S,B&S,LLC,A SSEMBLY OF OD WNER CHULKE ITTLE TODDARD GENT (Q-J) .................................................................................................... 21 UASIUDICIAL 2.NSPHM7,2006:AO OTICE OF CHEDULED UBLIC EARING ARCH N RDINANCE OF BCCIRC,F, THE OARD OF OUNTY OMMISSIONERS OF NDIAN IVER OUNTY LORIDA AIRCCC955,M MENDING NDIAN IVER OUNTY ODE HAPTER OVING OF S,ABR;P TRUCTURES TO DD A ONDING EQUIREMENT ROVIDING FOR AN ED,S,C.(L) ................ 22 FFECTIVE ATE EVERABILITY AND ODIFICATION EGISLATIVE 10.COUNTY ADMINISTRATOR’S MATTERS – PUBLIC WORKS DEPARTMENT STAFFING ..................................................................... 22 11.A.COMMUNITY DEVELOPMENT - NONE ............................................ 23 February 21, 2006 4 11.B.EMERGENCY SERVICES - NONE ........................................................ 23 11.C.GENERAL SERVICES – ACCEPTANCE OF FIVE NEW PROPOSED ITEMS FOR ADDITIONAL WORK FOR THE NEW COUNTY ADMINISTRATION BUILDING .......................................... 23 11.D.HUMAN RESOURCES - NONE .............................................................. 24 11.E.HUMAN SERVICES - NONE ................................................................... 24 11.F.LEISURE SERVICES - NONE ................................................................. 24 11.G.OFFICE OF MANAGEMENT AND BUDGET - NONE ...................... 24 11.H.RECREATION - NONE ............................................................................. 24 11.I.1.PUBLIC WORKS - F.D.O.T. COUNTY INCENTIVE GRANT PROGRAM AGREEMENT AND RESOLUTION AUTHORIZING THE CHAIRMAN’S SIGNATURE........................... 24 11.I.2.PUBLIC WORKS– F.D.O.T. SMALL COUNTY OUTREACH PROGRAM (SCOP) AGREEMENT AND RESOLUTION AUTHORIZING THE CHAIRMAN’S SIGNATURE (THE DANELLA COMPANIES, INC.) .............................................................. 25 TH 11.J.UTILITIES SERVICES – 5 STREET SW AT LATERAL J CANAL DIRECTIONAL DRILL 8-INCH HDPE FORCE MAIN UNDER 36-INCH CULVERT ................................................................... 26 February 21, 2006 5 12.COUNTY ATTORNEY - NONE .............................................................. 26 13.A.CHAIRMAN ARTHUR R. NEUBERGER - NONE .............................. 26 13.B.1.VICE CHAIRMAN GARY C. WHEELER – PROCEDURE FOR DISBURSAL OF INFORMATION PRIOR TO DISCUSSION IN THE SUNSHINE ......................................................................................... 27 13.B.2.COMMISSIONER GARY C. WHEELER – DISCUSSION ON MARCH 3, 2006 WORKSHOPS (PROPOSED PROPORTIONATE SHARE ORDINANCE AND PROPOSED NEW TOWN POLICIES) (ADD-ON) ..................................................... 28 13.C.COMMISSIONER SANDRA L. BOWDEN – NONE ............................ 28 13.D.COMMISSIONER WESLEY S. DAVIS – TRIP TO TALLAHASSEE ......................................................................................... 29 13.E.COMMISSIONER THOMAS S. LOWTHER - NONE ......................... 29 14.A.EMERGENCY SERVICES DISTRICT - NONE ................................... 29 14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 29 () ................................................................ 29 NORTHERN EXPANSION AREA PLAN LANDFILL 14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 29 February 21, 2006 6 February 21, 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 21, 2006, at 9:00 a.m. Present were Chairman Arthur R. Neuberger, Vice Chairman Gary C. Wheeler, Commissioners Wesley S. Davis and Thomas S. Lowther. Commissioner Sandra L. Bowden was absent. Also present were Administrator Joseph A. Baird, County Attorney William G. Collins II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Patricia Ridgely. 1. CALL TO ORDER Chairman Neuberger called the meeting to order. 2. INVOCATION Rabbi Michael Birnholz, Temple Beth Shalom, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE County Attorney Collins led the Pledge of Allegiance to the Flag. February 21, 2006 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Neuberger announced the following: Addition of Item 8.A., 2006-2007 Victims of Crime Act (VOCA) Grant – Request for Emergency Addition to Agenda by Sheriff Roy Raymond; and Deletion of Item 9.B.2. which had been withdrawn. Vice Chairman Wheeler requested the following: Addition of Item 13.B.2., a discussion regarding the two workshops with the Planning & Zoning Commission scheduled for March 3, 2006. ON MOTION by Vice Chairman Wheeler, SECONDED by Chairman Neuberger, the above changes were made to the agenda. 5. PROCLAMATIONS AND PRESENTATIONS - NONE 6. APPROVAL OF MINUTES – NONE 7. CONSENT AGENDA Commissioner Lowther requested Items 7.P., 7.Q., and 7.R. be separated from the Consent Agenda for discussion and that all three could be heard together as they were similar in nature. February 21, 2006 2 7.A. PDM9-11,2006M ROCLAMATION ESIGNATING ARCH AS ENTALLY HW(KC–TR ANDICAPPED EEK NIGHTS OF OLUMBUS OOTSIE OLL D) RIVE Proclamation noted for the record. 7.B. O--CTCA UTOFOUNTY RAVEL FOR OMMISSIONERS TO TTEND A SBF’F-SS YMPOSIUM ON UILDING LORIDAS UTURE TATE TRATEGIES RC–RMH–M FOR EGIONAL OOPERATION ADISSON IAMI OTEL ARCH 17,2006 ON MOTION by Commissioner Davis, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Commissioner Bowden absent) approved out-of-county travel for Commissioners and staff to attend a symposium sponsored by the Urban Land Institute on March 17, 2006 at the Radisson Miami Hotel as requested in the memorandum of February 9, 2006. 7.C. R/AC’SA ESIGNATIONPPOINTMENTS HILDRENS ERVICES DVISORY C(CSAC) OMMITTEE ON MOTION by Commissioner Davis, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Commissioner Bowden absent) accepted Lenora Ritchie’s resignation; appointed Karen Deigl and Kip Jacoby as a February 21, 2006 3 Members-at-Large, and appointed Judy M. Jones as the District 2 appointee to the CSAC, as recommended in the memorandum of February 8, 2006. 7.D. RAVW14Y ETIREMENT WARD TO ANNIE ILLIAMS FOR EARS OF S ERVICE Retirement award and proclamation noted for the record. 7.E. RAEMC30Y ETIREMENT WARD TO RNEST CLOUD FOR EARS OF S ERVICE Retirement award and proclamation noted for the record. 7.F. AW PPROVAL OF ARRANTS ON MOTION by Commissioner Davis, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Commissioner Bowden absent) approved the list of warrants issued by the Clerk to the Board for the period February 2-9, 2006, as requested. 7.G. O--CTCA UTOFOUNTY RAVEL FOR THE OUNTY DMINISTRATOR ON MOTION by Commissioner Davis, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Commissioner Bowden absent) approved out-of-county February 21, 2006 4 travel for the County Administrator to attend the Florida Government Finance Officer Association June 10-14, 2006 in Marco Island, as requested in the memorandum of February 14, 2006. 7.H. RSFEMAHMGPSP, OCKRIDGE UBDIVISION URGE ROTECTION WO#6–RRR ORK RDER EQUEST FOR ELEASE OF ETAINAGE FOR PBS&J(PBS&J)(H OST UCKLEY CHUH ERNIGAN URRICANE F) RANCES ON MOTION by Commissioner Davis, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Commissioner Bowden absent) approved release of retainage and payment of the final invoice in the amount of $3,239.30 to PBS&J, as recommended in the memorandum of February 10, 2006. 7.I. W26S43A66A– THRDTH IDENING OF TREET FROM VENUE TO VENUE CELSSS IVIL NGINEERING AND AND URVEYING ERVICES ELECTION (RNCAB ELATED TO EW OUNTY DMINISTRATION UILDING C) OMPLEX ON MOTION by Commissioner Davis, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Commissioner Bowden absent) approved the rank order and authorized contract negotiations with the first-ranked February 21, 2006 5 firm, Kimley-Horn and Associates, Inc.; authorized contract negotiations with the second-ranked firm (Carter Associates, Inc.) if unsuccessful with the first, the third-ranked firm (Arcadis G & M, Inc.) if unsuccessful with the second, and the fourth-ranked firm (Stanley Consultants, Inc.) if unsuccessful with the third, as recommended in the memorandum of February 9, 2006. 7.J. IRCD,L.L.C.’RFP EVELOPMENT S EQUEST FOR INAL LAT ASKL PPROVAL FOR A UBDIVISION TO BE NOWN AS THE AKES AT SPII–P.D. ANDRIDGE HASE ON MOTION by Commissioner Davis, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Commissioner Bowden absent) granted final plat approval for The Lakes at Sandridge Phase II P.D., as recommended in the memorandum of January 31, 2006. 7.K. ABASAIRCB PPROVAL OF ID WARD AND AMPLE GREEMENT FOR ID #2006054–TSSWA HE QUIRE UBDIVISION ATER SSESSMENT P–UD ROJECT TILITIES EPARTMENT ON MOTION by Commissioner Davis, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Commissioner Bowden absent) awarded Bid #2006054 to Underground Utilities, Inc., in the amount of $45,200.00, as the lowest most responsive and responsible bidder meeting February 21, 2006 6 the specifications as set forth in the Invitation to Bid; approved the proposed sample agreement; and authorized the Chairman to execute the 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 February 13, 2006. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.L. ABASAIRCB PPROVAL OF ID WARD AND AMPLE GREEMENT FOR ID #2006053–P-O-WSWA OINTOODS UBDIVISION ATER SSESSMENT P–UD ROJECT TILITIES EPARTMENT ON MOTION by Commissioner Davis, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Commissioner Bowden absent) awarded Bid #2006053 to Underground Utilities, Inc., in the amount of $49,710.00, as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid; approved the proposed sample agreement; and authorized the Chairman to execute the 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 February 21, 2006 7 and legal sufficiency, as recommended in the memorandum of February 13, 2006. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.M. FPRR INAL AYMENT AND ELEASE OF ETAINAGE FOR THE EC–BC–IRCSO MERGENCY ONTRACT ARTH ONSTRUCTION HR/R(DR URRICANE EPAIRENOVATION AMAGES ELATED TO HF) URRICANE RANCES ON MOTION by Commissioner Davis, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Commissioner Bowden absent) approved the final payment and release of retainage (total $47,479.21) for the Agreement with Barth Construction for repairs and rehabilitation of the Sheriff’s Offices, as recommended in the memorandum of February 14, 2006. DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 7.N. JAG(JAG) USTICE SSISTANCE RANT ON MOTION by Commissioner Davis, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Commissioner Bowden absent) agreed to act as the February 21, 2006 8 coordinating unit of government in the Edward Byrne Memorial Justice Assistance Grant (JAG) Program and authorized the Substance Abuse Council to apply for the grant funds through the Edward Byrne Memorial Justice Assistance Grant (JAG) to be used for the Adult Drug Court Program, as recommended in the memorandum of February 14, 2006. DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.O. DEESSD ECLARE XCESS QUIPMENT URPLUS FOR ALE OR ISPOSAL ON MOTION by Commissioner Davis, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Commissioner Bowden absent) declared the items on the Excess Equipment List as surplus and authorized its sale and/or proper disposal and granted the authority to have the surplus equipment delivered to the Indian River County Fairgrounds where it will be sold at public auction on March 25, 2006, as recommended in the memorandum of February 10, 2006. February 21, 2006 9 7.P. S,B,&SI.’RFP CHULKE ITTLE TODDARD NCS EQUEST FOR INAL LAT ASKCS PPROVAL FOR A UBDIVISION TO BE NOWN AS ITRUS PRINGS P.D.–VE(SP) ILLAGE UNTREE ARTNERS Commissioner Lowther advised that unhappy residents in other Citrus Springs developments have contacted him because the developer has not completed promised amenities and would not return their phone calls. Commissioner Lowther was frustrated by his inability to help the homeowners. The homeowners expected the County to assist them in pushing the developer to complete the promised amenities. He thought the County needed to play hardball with the developers. County Attorney Collins explained that enforcement of a developer’s promised amenities is not the County’s responsibility under any documents between the County and this developer. Commissioner Davis supported Commissioner Lowther in his desire to assist new homeowners who could not get a developer to live up to promises and who felt they were getting the government run-around. Lou Aprile , 5550 Tangerine Manor Square SW, Citrus Springs, complained that their developer had provided no gate for their “gated community”. County Administrator Baird explained that the amenities advertised by a developer are not part of staff’s responsibility. Staff has become more aggressive, and the County cannot retroactively apply conditions to previously approved site plans. In order to do constant policing on new developments for advertised amenities, staff would need to be doubled. Community Development Director Bob Keating advised that staff looks at required improvements but not at amenities represented by the developer to the buyers. Discussion ensued during which County Attorney Collins explained there is nothing else the Commission can do on Items 7.P, 7.Q., and 7.R. except to grant final plat approval. The developer could go to court if the Board were to deny these plat approval requests. He also February 21, 2006 10 stressed that the Board cannot retroactively apply any requirements. The Board could direct staff to bring back an LDR amendment so that all improvements must be completed before the certificate of occupancy (CO) can be issued. County Administrator Baird cautioned that the Board needed to be very careful about what they want the County to control because they would soon be controlling everything on private property. He reiterated that we would have to double our staff in order to monitor the different issues. Tony Angelastro, 392 W. Tangerine Square, described their need for security gates and landscaping as promised by the developer. He also mentioned that their retention pond needs fixing and does not meet the requirements. They believed the developer should be held accountable. Director Keating stated that staff would check the pond. Vice Chairman Wheeler commented that misleading advertising is not unique to Indian River County. County Administrator Baird suggested the Commissioners lobby the State Legislature to change the homeowners’ laws. He offered to meet again with Mr. Aprile and to invite the developer to the meeting to try to help this situation. Joe Paladin , Chairman of the private-sector Growth Awareness Committee and a developer, suggested the Commissioners consider rewarding success and penalizing failure. He urged the Commissioners not to over-react, micromanage this, and cause more work for the staff. Vice Chairman Wheeler suggested having a scorecard rating the developers (doing business in the county) on past performance. Discussion ensued during which County Attorney Collins repeated there was nothing the Board could do in this instance except approve the recommendation on all three items. It was pointed out that developers are certified and licensed by the State and the worse thing that can happen to a developer is to have people call the State about their license. February 21, 2006 11 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously (4-0, Commissioner Bowden absent) granted final plat approval for Citrus Springs Village E with recordation of the plat only after the letters of credit have been received, reviewed, approved, and validated by the County Attorney’s office, the County Budget office, and the contracts executed by the County Administrator, as recommended in the memorandum of February 13, 2006. COPIES OF CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.Q. S,B,&SI.’RFP CHULKE ITTLE TODDARD NCS EQUEST FOR INAL LAT ASKCS PPROVAL FOR A UBDIVISION TO BE NOWN AS ITRUS PRINGS P.D.–VD–PII(SP) ILLAGE HASE UNTREE ARTNERS (Clerk’s Note: See discussion at 7.P. above.) ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously (4-0, Commissioner Bowden absent) granted final plat approval for Citrus Springs Village D – Phase II with recordation of the plat only after the letters of credit have been received, reviewed, approved, and validated by the County Attorney’s office, the County Budget office, and the February 21, 2006 12 contracts executed by the County Administrator, as recommended in the memorandum of February 13, 2006. COPIES OF CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.R. S,B,&SI.’RFP CHULKE ITTLE TODDARD NCS EQUEST FOR INAL LAT ASKCS PPROVAL FOR A UBDIVISION TO BE NOWN AS ITRUS PRINGS P.D.–VF–PII(SP) ILLAGE HASE UNTREE ARTNERS (Clerk’s Note: See discussion at 7.P. above.) ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously (4-0, Commissioner Bowden absent) granted final plat approval for Citrus Springs Village F – Phase II with recordation of the plat only after the letters of credit have been received, reviewed, approved, and validated by the County Attorney’s office, the County Budget office, and the contracts executed by the County Administrator, as recommended in the memorandum of February 13, 2006. COPIES OF CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD February 21, 2006 13 7.S. TLD’AD USCANY AKES EVELOPERS GREEMENT FOR EVELOPER CII58 TH ONTRIBUTIONS TO NTERSECTION MPROVEMENTS ALONG A VENUE ON MOTION by Commissioner Davis, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Commissioner Bowden absent) approved the Developer’s Agreement with Woodside Tuscany, LLC, as recommended in the memorandum of February 8, 2006. (Alternative No. 1) AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.T. AMP,I.A PPROVAL OF ALCOLM IRNIE NC GREEMENT FOR PSWON.1–RR ROFESSIONAL ERVICES AND ORK RDER O FOR THE RSSPP OCKRIDGE UBDIVISION URGE ROTECTION ROJECT (HFR) URRICANE RANCES ELATED ON MOTION by Commissioner Davis, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Commissioner Bowden absent) approved Malcolm Pirnie’s Agreement for Professional Services and Work Order No. 1-RR and authorized the Chairman to execute them on behalf of the County, as recommended in the memorandum of February 15, 2006. February 21, 2006 14 AGREEMENT AND WORK ORDER ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.U. ACCD,I.’ TLANTIC OAST ONSTRUCTION AND EVELOPMENT NCS RFPAS EQUEST FOR INAL LAT PPROVAL FOR A UBDIVISION TO BE KPPII NOWN AS ALADIN LACE ON MOTION by Commissioner Davis, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Commissioner Bowden absent) granted final plat approval for Paladin Place II Subdivision, and authorized the recordation of the mylar, after the County Attorney’s Office has received, reviewed and accepted the letters of credit and upon approval of the letters of credit by the County Attorney’s Office, the County Administrator will sign the contracts for construction, as recommended in the memorandum of February 7, 2006. CONTRACT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 8.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES \[SHERIFF - REQUEST FOR EMERGENCY ADDITION TO AGENDA - 2006-2007 VICTIMS OF CRIME ACT (VOCA) GRANT\] (ADD-ON) February 21, 2006 15 Kim Poole, Sheriff’s Office Planner, was present to respond to any questions. There were none. ON MOTION by Commissioner Lowther, SECONDED by Commissioner Davis, the Board unanimously (4-0, Commissioner Bowden absent) approved the 2006-2007 VOCA grant application, as requested in the memorandum dated February 20, 2006. COPY WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 9.A.1. PUBLIC HEARING – BOARD CONSIDERATION TO APPROVE PURCHASE OF THE RYALL PARCEL OF THE “SOUTH PRONG SLOUGH” SITE UNDER THE COUNTY ENVIRONMENTAL LANDS PROGRAM \[LAND ACQUISITION ADVISORY COMMITTEE (LAAC) FLORIDA COMMUNITIES TRUST \[FCT\] COST-SHARE\] PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Environmental Planning & Code Enforcement Chief Roland DeBlois reviewed the memorandum of February 13, 2006 using visual aids to show the subject property and its relationship to the South Prong Slough. (See backup for most visuals.) He also displayed photographs showing the house on the property. Mrs. Ryall would like to stay for one year on a minimal lease arrangement and the house could serve as a caretaker’s house in the future. Two February 21, 2006 16 appraisals were made on the property. The negotiated purchase price is $1.15 million and it is anticipated that the County will be filing for a 50% cost-share reimbursement from FCT. He advised that the LAAC supported this purchase and staff recommends the Board exercise the option to purchase the Ryall Parcel – South Prong Slough, authorize staff to close the purchase, and direct staff to apply for a FCT 50% cost-share reimbursement grant under the next FCT grant cycle. As liaison to LAAC, Chairman Neuberger has visited this “beautiful piece of property” and recommended purchasing it. Commissioner Davis was interested in having a wildlife crossing in the area. He was advised that a pedestrian crossing is anticipated and staff is aware that a crossing for wildlife is desirable but would be dependent on factors. Public Works Director Jim Davis has met with David Cox, Senior Civil Engineer, and others regarding that issue and there are no plans for a raised bridge, because of the cost ($1 million for a bridge) but are looking at either a box culvert or some type of crossing in that area. There are existing bridges in the Sebastian River Water Control District (SRWCD) canal system and the County will be replacing those bridges with a 4-lane divided type highway bridge. There will be culverts in some areas and some bridges over the main lateral canals. The Chairman opened the public hearing. David Cox , Periwinkle Drive, thanked staff for their help. He listed preservation, conservation and civic groups in support of this purchase and emphasized that these purchases are not just for natural resource or recreational amenities, but also for protection for the natural resource of St. Sebastian River and a discharge area for the St. Sebastian River. He hoped the door could be kept open for a piling-based crossing there (close to the water); we are going to widen CR-510 only once, but with good luck it will be here for generations. February 21, 2006 17 Vice Chairman Wheeler questioned transference of disease from animals to humans. He was curious about too much wildlife asking if the wildlife might become a nuisance as has occurred in other states. Dr. Cox responded that areas for wildlife are diminishing and disease is a real concern. We are seeing diseases in the Indian River Lagoon in dolphins, fish, and turtles and we are uncertain of the cause. There were no additional speakers and the Chairman closed the public hearing. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously (4-0, Commissioner Bowden absent) approved exercise of the Ryall parcel-South Prong Slough option agreement, authorized staff to close the purchase, and directed staff to apply for a Florida Communities Trust 50% cost-share reimbursement grant under the next FCT grant cycle, as recommended in the memorandum of February 13, 2006. 9.A.2. PUBLIC HEARING –ANNE G. KEEN TRUST’S REQUEST TO REZONE 37.16 ACRES FROM A-1 TO RS-3 PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating reviewed the memorandum of February 9, 2006 using a PowerPoint presentation (copy on file with the backup). He noted the location and recalled that several properties in the area have been rezoned in the last few months. The purpose of this rezoning request is to enable development of the property consistent with the L-1 land use designation (allows up to 3 units per acre). He described the land uses of the February 21, 2006 18 properties in the general area and noted the proximity to the urban service line. He advised that the Planning and Zoning Commission unanimously recommended this rezoning. Staff has looked at all the tests that a rezoning is required to meet (concurrency, consistency with the Comprehensive Plan, compatibility with the surrounding area, and potential impact on the environmental quality). Staff recommends adoption of the ordinance to rezone the subject property from A-1 to RS-3. Director Keating responded in detail to Vice Chairman Wheeler’s request for clarity on transportation concurrency and whether staff is looking at this one rezoning and not considering others that were rezoned. He asked if we would run out of capacity because of increased density due to rezoning of agricultural properties. 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 (4-0, Commissioner Bowden absent) adopted Ordinance No. 2006-006 amending the Zoning Ordinance and the accompanying Zoning Map for more or less 37.16 acres thth located at the southeast quadrant of 4 Street and 58 Avenue, from A-1, Agricultural District (up to 1 unit/5 acres) to RS-3, Single Family Residential District (up to 3 units/acre); and providing codification, severability, and effective date. Chairman Neuberger called a recess at 10:18 a.m. for the closed captioning writer. The meeting was reconvened at 10:28 a.m. with all of the same members present. February 21, 2006 19 9.B.1. PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM KEEP INDIAN RIVER BEAUTIFUL, INC. (KIRB) REGARDING THE GREAT AMERICAN CLEANUP Sherry Hamlin , executive director of KIRB, explained the cleanup efforts to be made and encouraged the Commissioners, community leaders, and everyone to get involved at the local level in this national effort. She explained the “cleanup challenge” and how KIRB creates stst incentives for various groups. This effort will occur from March 1 to May 1 to clean up our community. The KIRB office is now located on Main Street in Sebastian. For more information call 388-KIRB, e-mail KeepIRBeautiful@aol.com, or visit the web site at www.kirb.org. She explained that in an effort to save landfill space, KIRB recycles paint, craft supplies, coffee cans, and other useful items through their “store” that is open to the public, teachers, scout leaders, and others and the items are free. KIRB recycling efforts at local events were mentioned and it was stated that KIRB is doing a great job in our community. 9.B.2. PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM CHARLES R. LEWIS REGARDING HOMEOWNERS AND DEVELOPER RESPONSIBILITY IN THE PRESERVE OF VERO - WITHDRAWN 9.B.3. PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM UNCONDITIONAL CARING REGARDING COMMUNITY CARING INITIATIVE February 21, 2006 20 Unconditional Caring, , 522 N. Blue Island Lanewanted todraw public attentionto her local community caring initiative and invited them to join America’s Promise, (web site is www.americaspromise.org.) a community caring initiative organized by both former and current Presidents George Bush and former President Bill Clinton and founded by Retired General and former Secretary of State Colin Powell. It is a step-by-step easy to understand strategy. There is a community web site to coordinate the efforts in each community. (Clerk’s Note: The presenter’s written remarks are on file with the backup in the office of the Clerk to the Board. Her e-mail address is unconditionalcaring@yahoo.com.) 9.B.4. PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM HARRY RIGHTON REGARDING FIRST BAPTIST CHURCH FESTIVAL OF JOY Harry Righton advised of a comingevent at First Baptist Church, Festival of Joy, an old time revival. He stated that our nation was founded as a nation under God. Sadly things have changed; we have taken God out of our schools, our courthouses, and our lives and we are seeing bad things happen with an increase in illegal drugs, child abuse, sex offenders, and divorces thth are more common. The event begins Sunday, March 5 and goes through March 8 with special events every night. He enumerated the special events and hoped the Commissioners would encourage their family and friends to attend. For more information call the church office. 9.C. PUBLIC NOTICE ITEMS 1. NSPHM7,2006: OTICE OF CHEDULED UBLIC EARING ARCH CAGI.’R:R ENTRAL SSEMBLY OF OD NCS EZONING EQUEST TO ±10.4216S TH REZONE ACRES NORTH OF TREET AND February 21, 2006 21 93066A,A-1, TH APPROXIMATELY FEET WEST OF VENUE FROM A-1D(1/5),RM-6, GRICULTURAL ISTRICT UP TO UNIT ACRES TO M-FRD(6/). ULTIAMILY ESIDENTIAL ISTRICT UP TO UNITSACRE CAG,O.S,B& ENTRAL SSEMBLY OF OD WNER CHULKE ITTLE S,LLC,A(Q-J) TODDARD GENT UASIUDICIAL 2. NSPHM7,2006:A OTICE OF CHEDULED UBLIC EARING ARCH N OBCC RDINANCE OF THE OARD OF OUNTY OMMISSIONERS OF IRC,F,AIR NDIAN IVER OUNTY LORIDA MENDING NDIAN IVER CCC955,MS,A OUNTY ODE HAPTER OVING OF TRUCTURES TO DD A BR;PED, ONDING EQUIREMENT ROVIDING FOR AN FFECTIVE ATE S,C.(L) EVERABILITY AND ODIFICATION EGISLATIVE Executive Aide Kimberly Massung read the above notices into the record. 10. COUNTY ADMINISTRATOR’S MATTERS – PUBLIC WORKS DEPARTMENT STAFFING County Administrator Baird reviewed his memorandum of February 14, 2006, and advised of his recommendation to add 6 new positions in the Public Works Department including an assistant public works director. He expected that the majority of the cost would be paid from impact fees and would amount to approximately $600,000 annually. Commissioner Davis commented we need engineers to overlook the plans for the County but suggested trying to outsource as many projects as necessary. Chairman Neuberger indicated he was in favor of this additional staffing. February 21, 2006 22 MOTION WAS MADE by Commissioner Davis, SECONDED by Commissioner Lowther, for discussion, to approve staff’s recommendation. Under discussion, Commissioner Lowther commented that it looks like some re-alignment of departments would occur to streamline the Public Works Department. The Chairman CALLED THE QUESTION and the motion carried unanimously (4-0, Commissioner Bowden absent). (The Board authorized the County Administrator to add the requested six positions to the Public Works Department.) 11.A. COMMUNITY DEVELOPMENT - NONE 11.B. EMERGENCY SERVICES - NONE 11.C. GENERAL SERVICES – ACCEPTANCE OF FIVE NEW PROPOSED ITEMS FOR ADDITIONAL WORK FOR THE NEW COUNTY ADMINISTRATION BUILDING Project Manager Steve Blum reviewed the memorandum of February 15, 2006 in the backup and explained the additional work. He specified that the additional expense of $40,218.00 would be taken from the owner’s contingency. Additional items are as follows: (1) 8" water main extension addition; (2) additional asphalt for ADA parking relocation; (3) remove and dispose of underground utilities; (4) provide irrigation for transplanted trees; and (5) stand up 10 oak trees. February 21, 2006 23 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously (4-0, Commissioner Bowden absent) accepted the proposed expenses and authorized the County Administrator to execute the appropriate Change Orders which will then result in a reduction to the Owner’s Contingency in the amount of $40,218.00, as recommended in the memorandum of February 15, 2006. CHANGE ORDER NO. 004 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 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.1. PUBLIC WORKS - F.D.O.T. COUNTY INCENTIVE GRANT PROGRAM AGREEMENT AND RESOLUTION AUTHORIZING THE CHAIRMAN’S SIGNATURE February 21, 2006 24 ON MOTION by Commissioner Lowther, SECONDED by Commissioner Davis, the Board unanimously (4-0, Commissioner Bowden absent) adopted Resolution No. 2006-020 of the Board of County Commissioners of Indian River County, Florida, with the Florida Department of Transportation authorizing the Chairman’s execution of a th County incentive grant program agreement for 66 Avenue ththth from 16 Street to SR 60 and 16 Street from 74 Avenue th to 66 Avenue, FM #: 419668-1-48-01; 419668-1-58-01. PARTIALLY EXECUTED AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.2. PUBLIC WORKS– F.D.O.T. SMALL COUNTY OUTREACH PROGRAM (SCOP) AGREEMENT AND RESOLUTION AUTHORIZING THE CHAIRMAN’S SIGNATURE (THE DANELLA COMPANIES, INC.) ON MOTION by Commissioner Davis, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Commissioner Bowden absent) adopted Resolution No. 2006-021 of the Board of County Commissioners of Indian River County, Florida, with the Florida Department of Transportation authorizing the Chairman’s execution of a Small County Outreach Program agreement for Roseland Road reconstruction. February 21, 2006 25 AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD TH 11.J. UTILITIES SERVICES – 5 STREET SW AT LATERAL J CANAL DIRECTIONAL DRILL 8-INCH HDPE FORCE MAIN UNDER 36-INCH CULVERT ON MOTION by Commissioner Davis, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Commissioner Bowden absent) approved the project for a total estimated cost of $22,492.88 including $11,644.10 for labor and $10,848.78 for County-purchased materials; approved Work Authorization No. 2005-021 to the Labor Contractor, The Danella Companies, Inc., in form; and authorized the Chairman to sign same upon receipt of the executed labor contract, as presented and as recommended in the memorandum of January 24, 2006. WORK AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12. COUNTY ATTORNEY - NONE 13.A. CHAIRMAN ARTHUR R. NEUBERGER - NONE February 21, 2006 26 13.B.1. VICE CHAIRMAN GARY C. WHEELER – PROCEDURE FOR DISBURSAL OF INFORMATION PRIOR TO DISCUSSION IN THE SUNSHINE Vice Chairman Wheeler suggested the Board establish a procedure to enable the Commissioners to pass information to each other. He read from a memorandum dated February 13, 2006 in the backup from County Attorney Collins explaining how it could be accomplished without running afoul of the Sunshine Law and giving an explanation of how to communicate through their Executive Aide. Vice Chairman Wheeler specified that he was not aware of this until he went to the New Commissioners’ Seminars. Vice Chairman Wheeler supported his suggestion by using an example of information he had received in the past regarding roadwork that was helpful. It would be each Commissioner’s choice of using the procedure or not using it. Commissioner Lowther did not see the need for such a procedure but had no problem with it. He preferred to keep all communications in the public. Chairman Neuberger was concerned about the appearance of trying to get around the Sunshine Law but had no problem to have a procedure. Commissioner Davis favored being able to pass on background information in order to be able to make an informed decision. Commissioner Davis asked if they really needed to adopt a policy, and County Attorney Collins thought Vice Chairman Wheeler’s intent was to give a method to follow. The Commissioners just need to be aware that when they communicate they cannot give or receive feedback. There was CONSENSUS to go along with this as a verbal policy to use this procedure or not use it. February 21, 2006 27 13.B.2. COMMISSIONER GARY C. WHEELER – DISCUSSION ON MARCH 3, 2006 WORKSHOPS (PROPOSED PROPORTIONATE SHARE ORDINANCE AND PROPOSED NEW TOWN POLICIES) (ADD-ON) Vice Chairman Wheeler thought the upcoming public workshops should be separated believing two issues would be too much for one day. He wanted to see the New Town Policies workshop moved forward a couple of weeks; he thought that topic would generate a lot of public comment. County Administrator Baird stated it was up to the Board how they wanted to schedule it. Commissioner Lowther preferred to have both in one day. Commissioner Davis suggested that Executive Aide Kimberly Massung could set up another day (after checking their calendars) so it could be continued if necessary. He wanted to be rd educated through the workshops and wanted to keep the date (March 3) for both workshops. Chairman Neuberger thought 3 hours would be enough time to acquaint everyone with the information. Discussion ensued. There was CONSENSUS to not make a change but to reserve an extra date in case it is necessary to continue the workshop on either topic. 13.C. COMMISSIONER SANDRA L. BOWDEN – NONE February 21, 2006 28 13.D. COMMISSIONER WESLEY S. DAVIS – TRIP TO TALLAHASSEE Commissioner Davis advised that he was on his way to Tallahassee to meet with the Secretary of Transportation and talk with some individuals at the Department of Environmental stnd Protection about the alignment of 101 and 102 Terrace on the north side of CR-512. There are also other legislative issues going on and some joint meetings with the Chambers of Commerce that were mentioned in the newspaper. 13.E. COMMISSIONER THOMAS S. LOWTHER - NONE 14.A. EMERGENCY SERVICES DISTRICT - NONE 14.B. SOLID WASTE DISPOSAL DISTRICT () NORTHERN EXPANSION AREA PLAN LANDFILL 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. 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 February 21, 2006 29 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:20 a.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman Minutes Approved: _________________ BCC/PR/2006 Minutes February 21, 2006 30