The URL can be used to link to this page

Home My WebLink About03/15/2005 (2) INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF MARCH 15, 2005. 1.CALL TO ORDER........................................................................................ 1 2.INVOCATION ............................................................................................... 1 3.PLEDGE OF ALLEGIANCE...................................................................... 1 4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ............................................................................................................ 1 5.PRESENTATION BY JOSEPH PALADIN – FINAL OUTLINE PROPOSED LAND DEVELOPMENT REGULATION AMENDMENTS – GROWTH AWARENESS COMMITTEE .............. 2 6.A.APPROVAL OF MINUTES – GROWTH ISSUES WORKSHOP – JOINT MEETING WITH ST. LUCIE COUNTY ON JANUARY 31, 2005 ........................................................................................................... 7 6.B.APPROVAL OF MINUTES – FEBRUARY 1, 2005 ................................ 8 7.CONSENT AGENDA ................................................................................... 8 7.A.R–CJ2005 ....................................................................8 EPORT ONVICTIONS ANUARY 7.B.R-IRFWCD–B EPORT NDIAN IVER ARMS ATER ONTROL ISTRICT OARD OF S’MMO2003/S2004 .....................8 UPERVISORS EETING INUTES CTOBER EPTEMBER March 15, 2005 1 7.C.AW–F11-17,2005 ..................................................8 PPROVAL OF ARRANTS EBRUARY 7.D.AW-F18-24,2005 ..................................................9 PPROVAL OF ARRANTS EBRUARY 7.E.AW–F25M3,2005 ..................................9 PPROVAL OF ARRANTS EBRUARY TO ARCH 7.F.TC.JIIIAP&R HOMAS OHNSON PPOINTED TO THE ARKS ECREATION C ................................................................................................................9 OMMITTEE 7.G.AA.CFESD PPOINTMENT OF RAIG LETCHER TO MERGENCY ERVICES ISTRICT ACVCN ...................................... 10 DVISORY OMMITTEE BY ICE HAIRMAN EUBERGER 7.H.2005ECPRVC LECTION OF HAIRMAN ETER OBINSON AND ICE HAIRMAN WDPSAC ARREN ILL OF THE ROFESSIONAL ERVICES DVISORY OMMITTEE (PSAC) ..................................................................................................................... 10 7.I.2005ECAPVC LECTION OF HAIRMAN LAN OLACKWICH AND ICE HAIRMAN SSECHB TEVE NOBERGER OF THE NVIRONMENTAL ONTROL EARING OARD (ECHB).................................................................................................................... 10 7.J.2005ECJKVCRB LECTION OF HAIRMAN EAN LINE AND ICE HAIRMAN OLF IBOW C’SAC(CSAC) ........................... 10 OF THE HILDRENS ERVICES DVISORY OMMITTEE 7.K.RMWM--LL ESIGNATION OF ICHAEL ANGEN AS EMBERATARGE OF THE AND AAC(LAAC) ....................................................... 10 CQUISITION DVISORY OMMITTEE 7.L.AFA.DM--LL PPOINTMENT OF REDERICK ILLON AS EMBERATARGE OF THE AND AAC(LAAC)–PD CQUISITION DVISORY OMMITTEE OLICY ECISION ON A-LCVN ........................................ 11 TARGE OMMITTEE ACANCIES AND OMINATIONS 7.M.AKGATR PPOINTMENT OF EN RUDENS AS LTERNATE FOR ONI OBINSON TO THE LAAC(LAAC)IRL AND CQUISITION DVISORY OMMITTEE BY NDIAN IVER AND T() .................................................................................. 11 RUST CONCURRENT TERMS 7.N.RBT(AIA) ESIGNATION OF ILL HOMPSON SSOCIATED NDUSTRY PPOINTEE FROM AAC(AAC) ................................................. 12 THE GRICULTURE DVISORY OMMITTEE 7.O.O--CTCLP UTOFOUNTY RAVEL FOR OMMISSIONER OWTHER TO ARTICIPATE IN FAC(FAC)CL THE LORIDA SSOCIATION OF OUNTIES O OMMISSIONER OBBYIST PA25-29,2005 .................................................................................. 12 ROGRAM PRIL 7.P.2005ECJYVCR LECTION OF HAIRMAN ULIA OUNG AND ICE HAIRMAN OBERT JMPOC OHNSON TO THE ETROPOLITAN LANNING RGANIZATION ITIZENS AC(MPOCAC) ...................................................................... 12 DVISORY OMMITTEE March 15, 2005 2 7.Q.2005ECRKVC LECTION OF HAIRMAN OBERT EATING AND ICE HAIRMAN CMMPO HRISTOPHER ORA TO THE ETROPOLITAN LANNING RGANIZATION TAC(MPOTAC) ................................................... 12 ECHNICAL DVISORY OMMITTEE 7.R.CSV“A”P.D.–PII–BR ITRUS PRINGS ILLAGE HASE ONDING FOR EQUIRED SI–PD-03-06-14-CFCSIDE-A2(99100114-37009) .... 13 IDEWALK MPROVEMENTS 7.S.RN.2005-024–DPC/P ESOLUTION O ISSOLUTION OF RIMARY AREUBLIC HAC ............................................................................. 14 EALTH DVISORY OMMITTEE 7.T.RUAC–CD.G ETENTION OF TILITY DVISORY OMMITTEE AROLINE INN ON ITC ......................................................................... 14 MPORTANCE OF HIS OMMITTEE 7.U.RN.2005-025–2005-028-PA–T ESOLUTION OS ROPERTY CQUISITIONS AX RR&TCR--WN OLL EMOVAL AX ANCELLATION FOR IGHTSOFAY AND EW CAC–VII,I./CR510&US#1 OUNTY DMINISTRATION OMPLEX ISIONS NC RW (E’);KP–/43A;SHO– RD CKERDS EN OSTALWAIT RW VENUE HELBY OMES AT SLO /OR;CAB-M.E&M. RW SLO OAD OUNTY DMINISTRATION UILDING T STER T ZBC ........................................................................................... 16 ION APTIST HURCH 7.V.RN.2005-029–ATPIIP.D.–CL ESOLUTION O RBOR RACE HASE ALLING ETTER C–ATD,I. .................................................. 18 OF REDIT RBOR RACE EVELOPMENT NC 7.W.S’OMU-FIND HERIFFS FFICE ARINE NIT LORIDA NLAND AVIGATIONAL ISTRICT (FIND)GAFY2005-06 ..................................... 18 RANT PPLICATION FOR ISCAL EAR 7.X.RFP#7052-C’SAC– HILDRENS ERVICES DVISORY OMMITTEE N--P,F-P,GAI OTFORROFIT ORROFIT OVERNMENT GENCIES AND NDIVIDUALS AFPPIRC TO PPLY FOR UNDING TO ROVIDE ROGRAMS FOR NDIAN IVER OUNTY C ................................................................................................................ 19 HILDREN 7.Y.17AS8SWMS THTH VENUE OUTH OF TREET ATER AIN AND ERVICES RP-UU,I.(GF) EPLACEMENT ROJECT NDERGROUND TILITIES NC EORGE RENCH –RR&FPC ........................... 19 ELEASE OF ETAINAGE INAL AYMENT TO ONTRACTOR 7.Z.UCMPWP–UCP TILITY ONFLICTS WITH ISCELLANEOUS UBLIC ORKS ROJECTS #2438–UU,I.(GF)-R NDERGROUND TILITIES NC EORGE RENCH ELEASE OF R&FPC .................................................. 20 ETAINAGE INAL AYMENT TO ONTRACTOR 7.AA.CDD–CSP– OMMUNITY EVELOPMENT EPARTMENT USTOM OFTWARE ROGRAM MSAPDS, AINTENANCE AND UPPORT GREEMENT WITH ERCONTI ATA YSTEMS I. 20 NC March 15, 2005 3 7.BB.CRP–RRFPA OVEY UN ARTNERSHIP EQUEST FOR OADWAY INAL LAT PPROVAL PRK63AS.W.RP ......... 21 RD FOR A RIVATE OAD TO BE NOWN AS VENUE OADWAY LAT 7.CC.RS–FEMA OCKRIDGE UBDIVISION EDERAL MERGENCY ANAGEMENT GENCY (FEMA)HMGP(HMGP)A– AZARDOUS ITIGATION RANT ROGRAM PPLICATION WON.6-P,B,S&J,I.(PBSJ) ORK RDER O OST UCKLEY CHUH ERNIGAN NC (FP) ....................................................................................... 21 LOODING REVENTION 7.DD.RN.2005-031–MBA007.......... 21 ESOLUTION O ISCELLANEOUS UDGET MENDMENT 7.EE.BRPS12BM– EACH ESTORATION ROJECT ECTORS AND IOLOGICAL ONITORING DC&A,I.–PRR– IAL ORDY SSOCIATES NC ARTIAL ELEASE OF ETAINAGE FDEP(FDEP)G LORIDA EPARTMENT OF NVIRONMENTAL ROTECTION RANT A98IR1.................................................................................................. 22 GREEMENT 7.FF.CSSDC ONSULTANTS ELECTED FOR TORMWATER IVISION FOR ONTINUING CPS–(MA)- ONTRACTS FOR ROFESSIONAL ERVICES ASTER GREEMENTS VCCSS ARIOUS ATEGORIES OF ONSULTANT ERVICES FOR TORMWATER E–EC&T,I.; NGINEERING NVIRONMENTAL ONSULTING ECHNOLOGY NC PHDS,I.;MP,I.; ENINSULA YDROLOGIC ATA PECIALISTS NC ALCOLM IRNIE NC P,B,S&J,I.;H&A,I. OST UCKLEY CHUH ERNIGAN NC ARTMAN SSOCIATES NC A -TT,I.;G.K.E, WHOLLYOWNED SUBSIDIARY OF ETRA ECH NC NVIRONMENTAL I.,CD&MK,I.,H,I. .......................... 23 NC AMP RESSER CEE NC AND YDROMENTIA NC 7.GG.CWSSFSN ONSTRUCTION OF ATER AND ANITARY EWER ACILITIES ERVING ORTH CRP,PII,PN.0399,CA, OUNTY EGIONAL ARK HASE ROJECT O ARTER SSOCIATES I.–RFPRR .................... 24 NC EQUEST FOR INAL AYMENT AND ELEASE OF ETAINAGE 7.HH.FCFBW-L6,B15, LOODPLAIN UT AND ILL ALANCE AIVER OT LOCK VLEU3 ................................................................................... 24 ERO AKE STATES NIT 7.II.ERSIP–J/W AST OSELAND TORMWATER MPROVEMENTS ROJECT OBEARARDEN C,I.–CON.001C ONSTRUCTION NC HANGE RDER O TO THE ONSTRUCTION C ................................................................................................................ 24 ONTRACT 7.JJ.BRER–FD EACH ESTORATION MERGENCY ESPONSE LORIDA EPARTMENT OF EP(FDEP)GAN.H5IR1 NVIRONMENTAL ROTECTION RANT GREEMENT O (HFJ).................................................................... 25 URRICANES RANCES AND EANNE March 15, 2005 4 8.A.SHERIFF ROY RAYMOND – REQUEST TO SUPPORT SUBSTANCE ABUSE COUNCIL WITH FUNDS FROM MULTI-AGENCY CRIME ENFORCEMENT FUND .......................... 25 8.B.SUPERVISOR OF ELECTIONS KAY CLEM – JOURNAL ENTRIES FOR FISCAL YEAR 2003/2004 ............................................. 26 9.A.1.PUBLIC HEARING – LACERTE HOMES, INC. – REQUEST FOR PLANNED DEVELOPMENT (PD) SPECIAL EXCEPTION USE AND PRELIMINARY PD PLAN/PLAT APPROVAL FOR WINTER BEACH VILLAGE (LEGISLATIVE) ................................... 26 9.A.2.PUBLIC HEARING – ORDINANCE NO. 2005-007 - LAND DEVELOPMENT REGULATION (LDR) AMENDMENTS TO SUBDIVISION ORDINANCE PROVISIONS FOR “BONDING-OUT” AND MAINTENANCE SECURITY – GROWTH AWARENESS COMMITTEE (GAC) (LEGISLATIVE) ......................................................................................... 31 9.B.1.PUBLIC DISCUSSION ITEM – CAROLINE D. GINN - REQUEST TO SPEAK REGARDING THE IMPORTANCE OF THE UTILITY ADVISORY COMMITTEE .......................................... 35 9.B.2.PUBLIC DISCUSSION ITEM – DEBORAH ECKER –RECOMMENDATIONS FOR CHANGES TO LDR CHAPTERS 901 - DEFINITIONS AND 926 - LANDSCAPING ................................. 35 9.C.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON MARCH 29, 2005 ............................................................. 36 9.C.1.SH,LLC–R+/-23.6 HIVA OLDINGS EQUEST TO REZONE ACRES LOCATED SOUTH 65S3,230OD TH OF TREET AND APPROXIMATELY FEET WEST OF LD IXIE March 15, 2005 5 HPD,PDC/R, IGHWAY FROM LANNED EVELOPMENT OMMERCIALECREATIONAL RS-6,S-FRD(6/). TO INGLEAMILY ESIDENTIAL ISTRICT UP TO UNITSACRE SH,LLC,O.S,B&S,LLC, HIVA OLDINGS WNER CHULKE ITTLE TODDARD A(Q-J) ....................................................................................... 36 GENT UASIUDICIAL 9.C.2.HP:R160.94PD, IGH OINTE EQUEST TO REZONE APPROXIMATELY ACRES FROM PDC/R,PD,P LANNED EVELOPMENT OMMERCIALECREATIONAL TO LANNED DR, EVELOPMENT ESIDENTIAL AND TO OBTAIN CONCEPTUAL AND PRELIMINARY 247- PLANNED DEVELOPMENT APPROVAL FOR SINGLEFAMILY RESIDENTIAL “HP”.AH,I. PROJECT TO BE KNOWN AS IGH OINTE MERITREND OMES NC O.S,BS,LLC,A.L WNER CHULKE ITTLE AND TODDARD GENT OCATED ON THE 65SFECR. TH SOUTH SIDE OF TREET IMMEDIATELY WEST OF THE AILROAD ZC:PDC/R.LU ONING LASSIFICATION OMMERCIALECREATIONAL AND SE D:C/ICIL-2,LD2( ESIGNATION OMMERCIAL NDUSTRIAL AND OW ENSITY UP TO 6).P:1.54.(L) UNITS PER ACRE ROPOSED DENSITY UNITS PER ACRE EGISLATIVE 36 10.COUNTY ADMINISTRATOR’S MATTERS – WEEKLY AGENDA PUBLICATION IN THE NEWSPAPER .............................. 37 11.C.1.GENERAL SERVICES – CITRUS BEST MANAGEMENT PRACTICE (BMP) CONTRACT #SG469AA - ST. JOHNS RIVER WATER MANAGEMENT DISTRICT – CHANGE ORDER – HAMMOND GROVES EXTENSION – BEATTY GROVES WITHDRAWAL REQUEST ..................................................................... 38 11.C.2.GENERAL SERVICES – LIBRARY MASTER PLAN ACCEPTED AND APPROVED - HARVARD JOLLY ARCHITECTS & RUTH O’DONNELL, LIBRARY CONSULTANT ........................................................................................... 39 March 15, 2005 6 11.I.1.PUBLIC WORKS – RESOLUTION NOS. 2005-032 AND 2005-033 – GROVENOR ESTATES SUBDIVISION PAVING AND DRAINAGE IMPROVEMENTS – RESOLUTIONS I AND II ............ 40 11.I.2.PUBLIC WORKS – PELICAN ISLAND WILDLIFE REFUGE TIDAL MARSH PHASE 1B PROJECT NO. 0424 – ADDITIONAL PROFESSIONAL SURVEY SERVICES – SOUTHEAST AREA – CARTER ASSOCIATES, INC. – WORK ORDER NO. 4 (ENGINEERING) ....................................................................................... 41 11.I.3.PUBLIC WORKS – POINTE WEST OF VERO BEACH, LIMITED PARTNERSHIP - AMENDMENT #2 TO TH DEVELOPER’S AGREEMENT – PAVING OF 16 STREET TH EAST AND WEST OF 74 AVENUE AND RELOCATION OF CANAL ......................................................................................................... 42 11.J.1.UTILITIES SERVICES – SOUTH COUNTY REVERSE OSMOSIS WATER PLANT – LIMITED PETROLEUM DISCHARGE ASSESSMENT – GEOSYNTEC CONSULTANTS, INC. - WORK AUTHORIZATION NO. 9902-08 ................................... 42 11.J.2.UTILITIES SERVICES – BID #7033 – WATER, SEWER & RECLAIMED WATER LINE REPLACEMENT/EXTENSION AND MISCELLANEOUS LABOR CONTRACT (ANNUAL LABOR CONTRACT) - DANELLA COMPANIES, INC. (SOLE RESPONSE) ................................................................................................. 43 13.E.1.COMMISSIONER WHEELER – RESOLUTION NO. 2005-034 ENDORSING GOVERNOR BUSH’S JOINT RESOLUTION TO AMEND SCHOOL CLASS SIZE ............................................................. 44 March 15, 2005 7 13.E.2.COMMISSIONER WHEELER – PROPOSED A SPECIAL ACT OF THE LEGISLATURE PROHIBITING EXPANSION OF THE INDIAN RIVER COUNTY URBAN SERVICE AREA WITHOUT VOTER APPROVAL ................................................................................. 44 13.E.3.COMMISSIONER WHEELER - KENNETH KENNEDY’S APPEAL OF PLANNING & ZONING COMMISSION’S DENIAL OF REZONING REQUEST – MOVED TO EVENING MEETING OF APRIL 12, 2005 ..................................................................................... 45 14.A.EMERGENCY SERVICES DISTRICT .................................................. 46 1.AMRMF8,2005 ................ 46 PPROVAL OF INUTES OF EGULAR EETING OF EBRUARY 2.TPABIRC RAINING ARTNERSHIP GREEMENT ETWEEN NDIAN IVER OMMUNITY CIRCESD ............. 46 OLLEGE AND NDIAN IVER OUNTY MERGENCY ERVICES ISTRICT 3.AIRCRFP#7036,CSC PPROVAL OF ONSULTANT ERVICES FOR ONSOLIDATION FEMSS .................................................................................. 46 OF IRE AND ERVICES 14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 47 1.AMRMD7,2004 ............... 47 PPROVAL OF INUTES OF EGULAR EETING OF ECEMBER 2.AMRMD14,2004 ............. 47 PPROVAL OF INUTES OF EGULAR EETING OF ECEMBER 3.AMRMJ4,2005................... 47 PPROVAL OF INUTES OF EGULAR EETING OF ANUARY 4.IRCI’RSW NDIAN IVER ORRECTIONAL NSTITUTIONS EQUEST FOR OLID ASTE AA ..................................................................................... 47 SSESSMENT DJUSTMENT 5.LGCSCO#2 ........................................... 47 ANDFILL AS ONTROL YSTEM HANGE RDER 14.C.ENVIRONMENTAL CONTROL BOARD - NO MEETING .............. 47 March 15, 2005 8 March 15, 2005 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in th Regular Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday, March 15, 2005, at 9:00 a.m. Present were Chairman Thomas S. Lowther, Vice Chairman Arthur R. Neuberger, Commissioners Sandra L. Bowden, Wesley S. Davis, and Gary C. Wheeler. Also present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Patricia Ridgely. 1. CALL TO ORDER Chairman Lowther called the meeting to order. 2. INVOCATION Pastor Ray Scent, Gathering of Devoted Servants, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE County Administrator Baird led the Pledge of Allegiance to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS March 15, 2005 1 Commissioner Wheeler requested the addition of Item 13.E.3, to consider scheduling the appeal of Mr. Kenneth Kennedy’s rezoning denial by the Planning & Zoning th Commission to the agenda of April 12 (evening meeting) because there was a lot of community interest in the matter at the Planning and Zoning Commission’s evening meeting. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously added Item 13.E.2. to the Agenda. 5. PRESENTATION BY JOSEPH PALADIN – FINAL OUTLINE PROPOSED LAND DEVELOPMENT REGULATION AMENDMENTS – GROWTH AWARENESS COMMITTEE (Clerk’s Note: Mr. Paladin presented the Commissioners and staff with a large stack of backup pages with suggested amendments for Chapters 911, 913, 915, 926, and 971. He also presented a one-page memorandum dated March 14, 2005, re: Condemnation, with a suggestion for policy concerning acquisition of rights-of-way. These handouts have been filed with the backup in the office of the Clerk to the Board.) The Commissioners commented that they had time to look at these documents. Joseph Paladin, Growth Awareness Committee (GAC) leader and president of Atlantic Coast Construction & Development, Inc., gave a PowerPoint presentation on the suggested LDR amendments. (A CD is on file with his presentation.) He commented that these points had been discussed in the past and came under one of three headings: 1) pace and density of growth; 2) quality of growth and 3) supporting infrastructure. The GAC recommended amending Chapters 911, 913, 915, 926, and 971. To raise subdivision standards, the following recommendations were made: increase buffer requirements, new green space/recreation space requirements, drainage, building design variation, and exterior wall design improvements. Next, to raise buffer standards, the following recommendations were made: buffers must be Type A or B March 15, 2005 2 with a minimum width of 25’, eliminate all C & D buffers in residential developments. He continued that wherever 10’ buffers are allowed they should be increased to 25’ minimum and the buffer must be a separate tract, not an easement. Commissioner Wheeler had a question concerning buffer sizes on PD lots but it was pointed out that this presentation was limited to subdivision standards. Mr. Paladin continued concerning increased buffer standards. The GAC recommended elimination of all Type B buffers even in commercial subdivisions and also all Type C buffers in residential developments. Regarding the urban service area (USA) buffer, the GAC recommended creation of a new buffer requirement for the projects adjacent to and inside the USA. This buffer should be 50’ wide and include a Type B planting with a 6’ opaque feature. Plantings would be required in front of any walls. Mr. Paladin advised that the GAC recommended requiring subdivisions to have not less than 7.5% of the gross project dedicated to green or recreation space. The only areas that would count would be wetlands and uplands; buffers, lakes, dry retention pools, and clubhouses would not. Projects with density less than or equal to 1.5 units/acre would be exempt. As to drainage, swales could not be used for storage of water runoff. Mr. Paladin proposed varying building designs; homes of the similar color or design could not be located within 8 homes of each other on the same side of the street or within two homes of each other across the street and other restrictions to eliminate a “cookie-cutter” look. Mr. Paladin On payment of impact fees, recommended no discounts, no step-downs, no step increases, and payment of impact fees at the time of lot purchase. In order to keep track of fee payment and, after consulting various offices involved in sales of real estate, it was determined that the best and most significant way to keep track would be to 1) pay at the time of recording the final plat or 2) to record a voluntary lien on each lot for the amount of the impact fee. Mr. Paladin On the next item, “bonding-out”, recommended cash bond or letter of credit only, no bonds, and equal to 125% of the infrastructure costs. There would be a one time March 15, 2005 3 50% reduction upon 50% completion of the project. The remaining 50% cash bond or letter of credit plus 25% would be held until completion. Mr. Paladin Next item, affidavit of exemption changes, recommended elimination of affidavit of exemption in excess of 4 lots; require subdivision rules: paving to cross street and cut down sprawl and “checker-boarding.” Commissioner Wheeler disagreed with the affidavit of exemption in excess of 4 lots. He thought the 19 lots gave more flexibility for ranchettes outside the USA. Mr. Paladin pointed out that the other way to look at it is the upkeep of the roads because getting out there is one of the big headaches we have besides supplying other services. Commissioner Wheeler countered that it could be addressed through other means such as an MSBU and expressed concern about a developer amassing hundreds of acre lots for a village concept. Commissioner Davis understood Commissioner Wheeler’s concern and thought an Mr. Paladin MSBU would be the way to go, and allowed that he did not feel strongly either way on this issue. Mr. Paladin As to policy changes that are not in the LDRs, listed 1) more aggressive right-of-way acquisitions about which he had presented a 4-point recommendation; 2) better design of public streets and corridors (not just putting asphalt down); 3) utilities under the sidewalks to allow more tree planting; and 4) more flexible stormwater pond design to save trees and to allow lake bank planting. Commissioner Wheeler asked when the Commissioners should give direction on these points, now or when they come back for public hearing, and Community Development Director Bob Keating responded it would be easier if those directions were given now so they could be incorporated into the drafts. Discussion ensued. Commissioners Bowden and Davis and Vice Chairman Neuberger indicated their agreement to not change the affidavit of exemption from what we have now. March 15, 2005 4 There appeared to be CONSENSUS on the affidavit of exemption, that is, to keep it at 19 lots. Mr. Paladin read aloud the right-of-way acquisition policy changes that the committee submitted. The policy called for four steps and he explained how each would be implemented: 1) Notification, 2) Open Negotiations, 3) Report to the Board, and 4) Initiation of the condemnation process. Mr. Paladin In closing, offered the committee’s help on future items. They would probably consider and present them one at a time. Future items will include: 1) affordable housing; they are thinking in terms of a land bank or mitigation (at the expense of new development) because of the high cost of property, and 2) multiple-family housing appearance specifications. Commissioner Davis asked if they also would work on commercial streetscape ideas. Mr. Paladin responded that they are doing a study and design for road systems. They are trying to put together a corridor system so that as road-widening occurs they will have a desirable design. This should lower the opposition and make life easier for everyone. Next, he advised he was working with the Indian River Land Trust on integrating conservation and development and trying to put some good ideas together to save the prime land outside the urban service line before 5-acre ranchettes take over. Mr. Paladin then expressed his thanks to everyone for helping. He stated that the GAC would continue as a smaller group and use less time but they will be happy to help in any way possible. He specified that the GAC members had previously agreed to everything he brought to the Board. The Commissioners expressed thanks to Mr. Paladin and his committee members. Donna Later, at approximately 1:11 P.M. when this meeting was being concluded, Keys , Chairman of the Planning and Zoning Commission, advised that the GAC had not March 15, 2005 5 completed its presentation earlier. She stated that the GAC had recommended that a resolution be adopted in order to establish the County’s policy on acquisition of rights-of-way and asked that the Board give directions to staff to draft such a resolution. ON MOTION by Commissioner Davis, SECONDED by Chairman Lowther, unanimously directed staff to draft a resolution concerning acquisition of rights-of-way in accordance with GAC’s recommendation. Ms. Keys Next, asked how the Board should proceed if they were in favor of the amendments to the various chapters of the code. County Attorney Collins advised that would have to be referred to Community Development staff. Perhaps staff would meet with the GAC to clarify any differences, take it through the committees, and then to the Board for public hearing and adoption. The process would take two to three months at a minimum because of advertising requirements. Chairman Lowther wanted it fast-tracked and County Administrator Baird advised he would come back with a timetable. Ms.Keys asked if they could have a pending ordinance on this while it is in the discussion and process, and County Attorney Will Collins responded that a pending ordinance would not be appropriate in this instance because these amendments were just presented today. We would need a clear and explicit ordinance so everyone would have a clear understanding of what was pending. He counseled that a pending ordinance doctrine is not favored in the law; you implement law after there has been a public hearing and not before. David Cox, a member of the GAC, understood that Directors Keating and Boling were looking for some explicit direction from the Board. Hethought it needed to be clear that the recommendations would be moved forward through the process in a timely fashion Commissioner Davis wanted to consider amendments to our LDRs as soon as possible. Rather than waiting to the next meeting, he wanted to know about it right now. March 15, 2005 6 County Administrator Baird pointed out that staff could not make the assumption that each Commissioner will agree on every item. He assured the Commissioners that staff would move this along as fast as possible. He reminded them that this was all presented just this morning and there has been no time to review it. The message is clear, but he thought the County Attorney’s office nor the Community Development Department could come right back with immediate action. Commissioners thought they had made it clear earlier that they wished to move these recommendations as quickly as possible. Vice Chairman Neuberger emphasized that he thought the Commissioners were very clear this morning, that staff has their orders, and if not they can ask the Commissioners for clarification. He felt further discussion of this was out of order. (Clerk’s Note: At the conclusion of this discussion, the meeting was adjourned at 1:17 p.m. Executive Aide Kimberly Massung reminded the Commissioners they had another meeting at 2 p.m. at the Courthouse Executive Center.) 6.A. APPROVAL OF MINUTES – GROWTH ISSUES WORKSHOP – JOINT MEETING WITH ST. LUCIE COUNTY ON JANUARY 31, 2005 The Chairman asked if there were any corrections or additions to the Minutes of the Joint Growth Issues Workshop Meeting with St. Lucie County on January 31, 2005. There were none. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved the Minutes of the joint meeting with St. Lucie County held on January 31, 2005, as written and distributed. March 15, 2005 7 6.B. APPROVAL OF MINUTES – FEBRUARY 1, 2005 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of February 1, 2005. There were none. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved the Minutes of the Regular Meeting of February 1, 2005, as written and distributed. 7. CONSENT AGENDA Vice Chairman Neuberger requested that action on Item 7.T. be delayed until the Commissioners hear from former Commission Chairman Caroline Ginn. Commissioner Bowden asked that Item 7.L. be separated from the Consent Agenda. 7.A. R–CJ2005 EPORT ONVICTIONS ANUARY Report has been received and is on file in the office of the Clerk to the Board: 7.B. R-IRFWCD–B EPORT NDIAN IVER ARMS ATER ONTROL ISTRICT OARD OF S’MMO2003/S2004 UPERVISORS EETING INUTES CTOBER EPTEMBER Report has been received and is on file in the office of the Clerk to the Board: 7.C. AW–F11-17,2005 PPROVAL OF ARRANTS EBRUARY ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved March 15, 2005 8 the list of warrants issued by the Clerk for the period of February 11-17, 2005, as requested in the memorandum of February 17, 2005. 7.D. AW-F18-24,2005 PPROVAL OF ARRANTS EBRUARY ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved the list of warrants issued by the Clerk for the period of February 18-24, 2005, as requested in the memorandum of February 24, 2005. 7.E. AW–F25M3,2005 PPROVAL OF ARRANTS EBRUARY TO ARCH ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved the list of warrants issued by the Clerk for the period of February 25 to March 3, 2005, as requested in the memorandum of March 3, 2005. 7.F. TC.JIIIAP&R HOMAS OHNSON PPOINTED TO THE ARKS ECREATION C OMMITTEE ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously appointed Thomas C. Johnson III to the Parks & Recreation March 15, 2005 9 Committee, as recommended in the memorandum of March 1, 2005. 7.G. AA.CFES PPOINTMENT OF RAIG LETCHER TO MERGENCY ERVICES DACVCN ISTRICT DVISORY OMMITTEE BY ICE HAIRMAN EUBERGER The Board noted Vice Chairman Neuberger’s appointment of Mr. Fletcher to the ESDAC. 7.H. 2005ECPRVC LECTION OF HAIRMAN ETER OBINSON AND ICE HAIRMAN WDPSAC ARREN ILL OF THE ROFESSIONAL ERVICES DVISORY OMMITTEE (PSAC) The Board noted the elections as stated above. 7.I. 2005ECAPV LECTION OF HAIRMAN LAN OLACKWICH AND ICE CSSEC HAIRMAN TEVE NOBERGER OF THE NVIRONMENTAL ONTROL HB(ECHB) EARING OARD The Board noted the elections as stated above. 7.J. 2005ECJKVCR LECTION OF HAIRMAN EAN LINE AND ICE HAIRMAN OLF BC’SAC(CSAC) IBOW OF THE HILDRENS ERVICES DVISORY OMMITTEE The Board noted the elections as stated above. 7.K. RMWM--L ESIGNATION OF ICHAEL ANGEN AS EMBERATARGE OF THE LAAC(LAAC) AND CQUISITION DVISORY OMMITTEE The Board noted the above resignation. March 15, 2005 10 7.L. AFA.DM--L PPOINTMENT OF REDERICK ILLON AS EMBERATARGE OF LAAC(LAAC)–P THE AND CQUISITION DVISORY OMMITTEE OLICY DA-LCVN ECISION ON TARGE OMMITTEE ACANCIES AND OMINATIONS Commissioner Bowden had not received earlier notice of this at-large Commission appointment. She asked that a policy be established for each of the Commissioners to be notified of committee vacancies and any nomination(s) made so she has sufficient time to contact the nominee. Commissioner Wheeler had recommended this appointee contact each of the Commissioners. He pointed out that the vacancies were listed in the Commission’s backup a few weeks ago. Extensive discussion was held as to the possible methods for notification of the Commissioners about nominations that would not violate the Sunshine Law. There was CONSENSUS that Executive Aide Kimberly Massung would e-mail each of the Commissioners of an at-large committee vacancy. Commissioners would then respond back to her with their nomination, if any. Mrs. Massung would then e-mail each of the Commissioners advising of any nominations prior to publication of the agenda. ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously elected Frederick A. Dillon as member-at-large of the LAAC, as recommended in the memorandum of March 8, 2005. 7.M. AKGATR PPOINTMENT OF EN RUDENS AS LTERNATE FOR ONI OBINSON LAAC(LAAC)I TO THE AND CQUISITION DVISORY OMMITTEE BY NDIAN RLT() IVER AND RUST CONCURRENT TERMS March 15, 2005 11 The Board noted the above appointment. 7.N. RBT(AIA) ESIGNATION OF ILL HOMPSON SSOCIATED NDUSTRY PPOINTEE AAC(AAC) FROM THE GRICULTURE DVISORY OMMITTEE The Board noted the above resignation. 7.O. O--CTCL UTOFOUNTY RAVEL FOR OMMISSIONER OWTHER TO PFAC(FAC) ARTICIPATE IN THE LORIDA SSOCIATION OF OUNTIES O CLPA25-29,2005 OMMISSIONER OBBYIST ROGRAM PRIL ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved travel as requested in the memorandum of February 28, 2005. 7.P. 2005ECJYVC LECTION OF HAIRMAN ULIA OUNG AND ICE HAIRMAN RJMPO OBERT OHNSON TO THE ETROPOLITAN LANNING RGANIZATION CAC(MPOCAC) ITIZENS DVISORY OMMITTEE The Board noted the above election. 7.Q. 2005ECRKVC LECTION OF HAIRMAN OBERT EATING AND ICE HAIRMAN CMMPO HRISTOPHER ORA TO THE ETROPOLITAN LANNING RGANIZATION TAC(MPOTAC) ECHNICAL DVISORY OMMITTEE The Board noted the above election. March 15, 2005 12 7.R. CSV“A”P.D.–PII–B ITRUS PRINGS ILLAGE HASE ONDING FOR RSI–PD-03-06-14-CFCSIDE-A2 EQUIRED IDEWALK MPROVEMENTS (99100114-37009) ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved the proposed Contract for Construction of Required Sidewalk Improvements and authorized the Chairman to execute same, as recommended in the memorandum of February 23, 2005. COPY OF CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March 15, 2005 13 7.S. RN.2005-024–DPC/P ESOLUTION O ISSOLUTION OF RIMARY AREUBLIC HAC EALTH DVISORY OMMITTEE ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution No. 2005-024 dissolving the Indian River County Primary Care/Public Health Advisory Committee. 7.T. RUAC–CD.G ETENTION OF TILITY DVISORY OMMITTEE AROLINE INN ON ITC MPORTANCE OF HIS OMMITTEE ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowden, the Board unanimously agreed to move Item 9.B.1. to be heard as part of this item. Chairman Lowther asked Mrs. Ginn to come forward and make her presentation regarding this matter. Caroline Ginn, Former Commission Chairman1134 Old Galleon Lane, asked the Commissioners not to abolish the UAC because of the vital role it has played on issues that have been referred to it by the Commission, the staff, or our citizens. She emphasized the members are talented, experienced on County matters, and have a track record of solid accomplishments on utilities and solid waste rates, a grievance process, facilities treatments, landfill expansion, valuable recommendations, provision for land for transfer stations or waste energy plant, sludge treatment, and methods used to minimize the odors in Gifford. She believed the Board just needed to provide guidelines to the chairman of the UAC by making sure they work through their Commissioner liaison. March 15, 2005 14 Carlton Miller, at-large member of the UAC, advised of his background that included bachelor and master civil engineering degrees, and 40 years of experience in solid waste, water and sewer. He is willing to share his experience providing it is wanted and appreciated. Andrew Allocco, who has lived in Sebastian for 8 years and in Miami-Dade County for 25 years, advised that he is a graduate nuclear engineer, a registered engineer in the State of Florida and holds 8 professional licenses. As a 5-year member of the UAC, he has found that the members enjoy helping Indian River County avoid problems experienced by other communities. th Victor Hart, Sr ., 4659 34 Avenue, Gifford, urged the Board to keep the UAC. He th credited them with the solutions to problems in Wabasso, at a 49 Street trailer park’s sewer plant, other sewer treatment plants in the county, and a compilation of information concerning the new sludge facility in St. Lucie County. MOTION WAS MADE by Commissioner Bowden, SECONDED by Commissioner Davis, to retain the Utilities Advisory Committee. Bill Johnson, 1155 Winding Oaks Circle, Vero Beach, was the first civilian Chairman of the committee, had the opportunity of evaluating the members who brought their experience to the county through the UAC. Their experience would be invaluable as the county grows. th Mark Grossman, 9960 86 Street, thanked Eric Olsen and the staff for the jobs they have done. He believed the UAC’s job is just beginning. He urged the Board to continue the committee’s role. Dr. Craig McGarvey urged the Commissioners to keep the committee to avoid the loss of these experts and enable them to continue their good track record. John Tschinkel , 5730 Turnberry Lane, Vero Beach, as the new UAC chairman counted it a privilege to work with the members and urged the Commissioners to keep this “body March 15, 2005 15 of experts” together to address problems. He suggested fewer meetings and elimination of presentations to minimize staff’s time. Commissioner Wheeler emphasized that the idea of sunsetting this committee was absolutely no reflection on the work they have done and appreciated their time and efforts. Perhaps reducing the number of meetings to quarterly (unless there is something pressing) and setting some guidelines and standards is the answer. Vice Chairman Neuberger agreed and asked why this was one of the committees staff suggested for sunsetting. County Administrator Baird recounted that, at the Board’s direction, staff came up with three committees that are not required by any Statute, Code, LDRs, or other mandate and the UAC was one of them. He agreed that this committee does serve a function. Vice Chairman Neuberger suggested they meet quarterly and use less staff time. Chairman Lowther expressed his appreciation to the group, suggested that the Chairman contact Commissioner Wheeler, the Board’s liaison, and work it out with staff and perhaps meet as needed. Commissioner Wheeler mentioned the need to work on roads and it was suggested the UAC had the expertise and could do that, too. The Chairman CALLED THE QUESTION and the motion carried unanimously. (The Board agreed to keep the Utilities Advisory Committee.) 7.U. RN.2005-025–2005-028-PA– ESOLUTION OS ROPERTY CQUISITIONS TRR&TCR--W AX OLL EMOVAL AX ANCELLATION FOR IGHTSOFAY AND NCAC–VII,I./CR EW OUNTY DMINISTRATION OMPLEX ISIONS NC RW 510&US#1(E’);KP–/43A; RD CKERDS EN OSTALWAIT RW VENUE March 15, 2005 16 SHO–/OR;CA HELBY OMES AT SLO RW SLO OAD OUNTY DMINISTRATION B-M.E&M.ZBC UILDING T STER T ION APTIST HURCH ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution No. 2005-025 canceling taxes upon publicly owned lands, pursuant to Section 196.28 Florida Statutes. (Visions II, Inc. r/w CR 510 & US#1 \[Eckerd’s\]) ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution No. 2005-026 canceling taxes upon publicly owned lands, pursuant to Section 196.28 Florida Statutes. rd (Ken Postalwait – r/w 43 Avenue) ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution No. 2005-027 canceling taxes upon publicly owned lands, pursuant to Section 196.28 Florida Statutes. (Shelby Homes at Oslo – r/w Oslo Road) ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution No. 2005-028 canceling taxes upon publicly owned lands, pursuant to Section 196.28 Florida Statutes. (County Administration Building - Mt. Ester & Mt. Zion Baptist Church) March 15, 2005 17 7.V. RN.2005-029–ATPIIP.D.–C ESOLUTION O RBOR RACE HASE ALLING LC–ATD,I. ETTER OF REDIT RBOR RACE EVELOPMENT NC ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution No. 2005-029 declaring default by Arbor Trace Development, Inc. in its obligation to complete required improvements to Arbor Trace – Phase II – P.D., and authorizing staff to make sight draft against Wachovia Bank, National Association Irrevocable Standby Letter of Credit No. SM201393W dated December 20, 2002, as amended. COPIES OF CASH DEPOSIT AND ESCROW AGREEMENT AND MODIFICATIONS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.W. S’OMU-FIN HERIFFS FFICE ARINE NIT LORIDA NLAND AVIGATIONAL D(FIND)GAFY2005-06 ISTRICT RANT PPLICATION FOR ISCAL EAR ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously authorized the Chairman to sign the grant application for $63,845.00 with a 50% match of $31,922.00 from the Law Enforcement Forfeiture Trust Fund, as recommended in a letter of February 25, 2005. March 15, 2005 18 7.X. RFP#7052-C’SAC– HILDRENS ERVICES DVISORY OMMITTEE N--P,F-P,GA OTFORROFIT ORROFIT OVERNMENT GENCIES AND IAFPP NDIVIDUALS TO PPLY FOR UNDING TO ROVIDE ROGRAMS FOR IRCC NDIAN IVER OUNTY HILDREN ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved the format and authorized advertisement of RFP #7052 for not-for-profit, Government Agencies and Individuals to apply for funding to provide programs for Indian River County children, as requested in the memorandum of March 7, 2005. 7.Y. 17AS8SWMS THTH VENUE OUTH OF TREET ATER AIN AND ERVICES RP-UU,I.(G EPLACEMENT ROJECT NDERGROUND TILITIES NC EORGE F)–RR&FP RENCH ELEASE OF ETAINAGE INAL AYMENT TO C ONTRACTOR ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved Application for Pay Request No. 2 – Final as final payment to the Underground Utilities, Inc., in the amount of $1,053.89 as presented, as recommended in the memorandum of February 14, 2005. DOCUMENT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED March 15, 2005 19 7.Z. UCMPWP– TILITY ONFLICTS WITH ISCELLANEOUS UBLIC ORKS ROJECTS UCP#2438–UU,I.(GF)- NDERGROUND TILITIES NC EORGE RENCH RR&FPC ELEASE OF ETAINAGE INAL AYMENT TO ONTRACTOR ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved Application for Pay Request No. 2 – Final as final payment to the Contractor, Underground Utilities, Inc., in the amount of $1,053.89 as presented, as recommended in the memorandum of February 14, 2005. 7.AA. CDD–CS OMMUNITY EVELOPMENT EPARTMENT USTOM OFTWARE P–MSAP ROGRAM AINTENANCE AND UPPORT GREEMENT WITH ERCONTI DS,I. ATA YSTEMS NC ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved the Perconti Data Systems, Inc. maintenance and support agreement and authorized the Chairman to execute same, as recommended in the memorandum of March 4, 2005. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March 15, 2005 20 7.BB. CRP–RRFP OVEY UN ARTNERSHIP EQUEST FOR OADWAY INAL LAT APRK63AS.W. RD PPROVAL FOR A RIVATE OAD TO BE NOWN AS VENUE RP OADWAY LAT ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously granted final plat approval for the private road right-of-way to be rd known as 63 Avenue S.W. Roadway Plat, as recommended in the memorandum of March 2, 2005. 7.CC. RS–FEM OCKRIDGE UBDIVISION EDERAL MERGENCY ANAGEMENT A(FEMA)HMGP(HMGP) GENCY AZARDOUS ITIGATION RANT ROGRAM A–WON.6-P,B,S& PPLICATION ORK RDER O OST UCKLEY CHUH J,I.(PBSJ)(FP) ERNIGAN NC LOODING REVENTION ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved Work Order No. 6 with PBSJ and authorized the Chairman to execute same, as recommended in the memorandum of March 4, 2005. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.DD. RN.2005-031–MB ESOLUTION O ISCELLANEOUS UDGET A007 MENDMENT March 15, 2005 21 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution No. 2005-031 amending the Fiscal Year 2004-2005 Budget. 7.EE. BRPS12B EACH ESTORATION ROJECT ECTORS AND IOLOGICAL M–DC&A,I.–PR ONITORING IAL ORDY SSOCIATES NC ARTIAL ELEASE R–FDE OF ETAINAGE LORIDA EPARTMENT OF NVIRONMENTAL P(FDEP)GA98IR1 ROTECTION RANT GREEMENT ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved the application for partial release of the retainage in the amount of $22,567 to Dial Cordy & Associates, as recommended in the memorandum of November 19, 2004. (Eligible for cost-sharing with FDEP under Grant Agreement 98IR1 on a 50% state/50% local basis.) DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED March 15, 2005 22 7.FF. CSSD ONSULTANTS ELECTED FOR TORMWATER IVISION FOR CCPS–(M ONTINUING ONTRACTS FOR ROFESSIONAL ERVICES ASTER A)-VCCS GREEMENTS ARIOUS ATEGORIES OF ONSULTANT ERVICES FOR SE–EC& TORMWATER NGINEERING NVIRONMENTAL ONSULTING T,I.;PHDS,I.; ECHNOLOGY NC ENINSULA YDROLOGIC ATA PECIALISTS NC MP,I.;P,B,S&J,I.; ALCOLM IRNIE NC OST UCKLEY CHUH ERNIGAN NC H&A,I.-T ARTMAN SSOCIATES NC A WHOLLYOWNED SUBSIDIARY OF ETRA T,I.;G.K.E,I.;CD&MK, ECH NC NVIRONMENTAL NC AMP RESSER CEE I.,CA,I.;H,I. NC ARTER SSOCIATES NC AND YDROMENTIA NC ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved consultant selections for each professional service category as listed in the memorandum; authorized Stormwater Engineering to prepare a “Continuing Contract for Professional Services” Master Agreement for each consultant; and after the Master Agreements have been properly executed by each consultant and approved by the County Attorney’s Office, authorized the Chairman to execute each Master Agreement on behalf of the County, as set out and recommended in the memorandum of March 4, 2005. CONTRACTS FOR CONSULTANTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March 15, 2005 23 7.GG. CWSSF ONSTRUCTION OF ATER AND ANITARY EWER ACILITIES SNCRP,PII,PN. ERVING ORTH OUNTY EGIONAL ARK HASE ROJECT O 0399,CA,I.–RFP ARTER SSOCIATES NC EQUEST FOR INAL AYMENT AND RR ELEASE OF ETAINAGE ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved release of final payment plus retainage in the amount of $617.23 to Carter Associates, Inc., as recommended in the memorandum of February 18, 2005. DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 7.HH. FCFBW-L6,B15, LOODPLAIN UT AND ILL ALANCE AIVER OT LOCK VLEU3 ERO AKE STATES NIT ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously granted the cut and fill balance waiver, as recommended in the memorandum of February 23, 2005. 7.II. ERSIP– AST OSELAND TORMWATER MPROVEMENTS ROJECT J/WC,I.–CON.001 OBEARARDEN ONSTRUCTION NC HANGE RDER O TO CC THE ONSTRUCTION ONTRACT March 15, 2005 24 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved the proposed Change Order No. 001 (reduces size of retention pond, reduction of contract price by $8,800.00) and authorized the Chairman to execute same, as recommended in the memorandum of February 17, 2005. CHANGE ORDER NO. 001 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.JJ. BRER–FD EACH ESTORATION MERGENCY ESPONSE LORIDA EPARTMENT EP(FDEP)GAN. OF NVIRONMENTAL ROTECTION RANT GREEMENT O H5IR1(HFJ) URRICANES RANCES AND EANNE ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved and authorized the Chairman to execute the FDEP Grant Agreement H5IR1, as recommended in the memorandum of February 18, 2005. (Funding for the County’s portion will be from the Beach Preservation Fund 128-144-572.) DEP AGREEMENT NO. H5IR1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.A. SHERIFF ROY RAYMOND – REQUEST TO SUPPORT SUBSTANCE ABUSE COUNCIL WITH FUNDS FROM MULTI-AGENCY CRIME ENFORCEMENT FUND March 15, 2005 25 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved using $20,256.00 from the Multi-Agency Crime Enforcement Funds to support the Substance Abuse Council, as requested in the letter of March 8, 2005. 8.B. SUPERVISOR OF ELECTIONS KAY CLEM – JOURNAL ENTRIES FOR FISCAL YEAR 2003/2004 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board acknowledged receipt of the Supervisor’s check #011369 in the amount of $2,272.59 and copies of financial reports, as amended, for the end of the FY 2003/04. 9.A.1. PUBLIC HEARING – LACERTE HOMES, INC. – REQUEST FOR PLANNED DEVELOPMENT (PD) SPECIAL EXCEPTION USE AND PRELIMINARY PD PLAN/PLAT APPROVAL FOR WINTER BEACH VILLAGE (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling reviewed the memorandum and used a graphic to aid in his presentation. He described the surrounding properties and gave a history of the request. He reviewed recommendations from staff, the Historic Resources Advisory Committee, and the Planning and Zoning Commission. Many of those recommendations have already been March 15, 2005 26 incorporated into the recommendation in the memorandum. During his presentation Director Boling responded to questions of the Commissioners regarding rights-of-way, utilities, sidewalks, easements, setbacks, and the P & Z’s concerns and their recommendation for limiting the houses to 1-story. The Historic Resources Advisory Committee recommended that there be no 2-story homes along Quay Dock Road. The Chairman opened the public hearing. Jodah D. Bittle , Schulke, Bittle & Stoddard, LLC, on behalf of the developer requested the ability to do some 2-story homes but not on Quay Dock Road. They have already dropped the density by increasing lot sizes. He advised that the 10-foot easement is for cable and electric with grass over it. The 10-foot side setbacks were increased from 7-1/2 foot per the P & Z’s request. They have met with adjacent owners to discuss their concerns and he felt they left the meeting with good feelings. Billie Wagner was concerned about the loss of Winter Beach as a nice old beach community if this development would be enclosed by a wall, and Director Boling advised that there would be no wall but berms with landscaping. st Rev. Ray Scent , 1615 71 Court, was alarmed about outsiders telling us what we should do and would like to remove everything that has happened here since 1940. He expressed concerns about affordable housing and asked the County to pay more attention to homes for the workers. Bob Johnson , Coral Wind Subdivision, asked if it was possible to have Mr. Paladin or staff go through and comment on the effect of all the proposals on this project. Linda Bolton , Indian River Neighborhood Association’s president, supported the Commission for allowing a grass roots committee help them decide how we want to grow. She applauded the Growth Awareness Committee’s work. Mr. Bittle reminded the Commissioners that this project came in under the existing code and that they have made many compromises. March 15, 2005 27 Chairman Lowther inquired how this project compared to the proposed amendments Mr. Bittle to the LDRs, and responded that it would entail a complete redesign, a loss of 20 to 30 lots, and would kill this project. Victor DeMateo , 29 Sailfish Road, suggested increasing the buffer for 2-story homes by keeping the square footage the same for 1-story and two story and that would increase the buffer sizes and more open space between homes. Mr. Bittle gave assurances that his client would not construct ugly homes. Donna Keys , Chairman of the P & Z, specified that the contractor had no problem at the P & Z meeting with restricting to 1-story homes. The P & Z members felt that 2-story homes would be out of character and because the contractor had no 2-story homes in their repertoire and Rev. Scent the contractor had no problem to limit their houses to 1-story. interjected his assertions Ms. Keys about the need for affordable housing and concerns about “high-end” housing plans, and declared that affordable housing would be the next topic for the GAC to address. The Chairman closed the public hearing. MOTION WAS MADE by Commissioner Davis, SECONDED by Vice Chairman Neuberger, to approve staff’s recommendations. Under discussion, Commissioner Wheeler thought some 2-story homes intermingled on interior lots, maybe 20%, would be okay in this PD. He could support it either way. Commissioner Davis agreed with Ms. Keys and noted there is historic significance to Winter Beach Road as well as Quay Dock Road and the interior lots would only be 100 feet from those roads. Chairman Lowther understood that both of them would be in favor of the staff’s recommendation. March 15, 2005 28 Commissioner Neuberger saw no problem with the 2-story interspersed on the larger interior lots, but not on exterior lots. He thought 20% would be too much. Commissioner Wheeler thought a small percentage of the interior lots would be okay. Commissioner Bowden pointed out the builder agreed at P & Z to keep the homes 1-story, she preferred to do that because of its unique area and go with the recommendation. Mr. Bittle advised that the developer had 2-story homes but would agree to 1-story if the Commissioners preferred. Gene Lacerte , 9551 Highway 78, West Okeechobee FL, the developer, would like to be able to have 50% 2-story on the interior lots because it breaks the monotony, increases the price, and would allow a larger home, but he would take whatever he can get. A brief discussion ensued on the pros and cons of allowing or not allowing 2-story houses on any lots. Ms. Keys recounted some of the discussion from the P & Z meeting and advised the builder had no problem with restricting to 1-story and she was surprised to see it come up at this Board meeting. The Chairman CALLED THE QUESTION and the motion carried unanimously. (The Board granted PD special exception use approval for “Winter Beach Village” with the conditions as follows: 1) All houses in Winter Beach Village shall be 1-story only. 2) All interior lots shall be at least 9,000 square feet in area with a minimum side setback of 10 feet. 3) A minimum of two canopy trees shall be provided on each lot. 4) Two water and sewer stub-outs shall be provided to Winter Grove subdivision. 5) Prior to issuance of a land development permit, the applicant shall: a) Obtain planning staff approval of detailed, final March 15, 2005 29 landscape plans for the proposed buffers, including the 30-foot Type “A” buffer along the project’s Quay Dock Road frontage. b) Obtain Planning Staff approval of all streetlight locations and all recreation tract improvements (including a hedge buffer along north side of clubhouse parking lot). c) Enter into a developer’s agreement to contribute his fair share for improvements to the US Highway 1/CR 510 intersection. d) Submit a temporary construction access plan that depicts construction access th from 69 Street and prohibits construction access from Quay Dock Road. e) Submit design plans for the eastbound th right-turn lane on 69 Street at the project entrance. f) Submit design plans for water and sewer stub-outs to th Winter Grove (to be located on the north side of 69 Street thth at 28 Court and at 29 Court). 6) Prior to or via the final plat process, the applicant shall: a) Dedicate without th compensation 5 feet of right-of-way for 69 Street. b) Dedicate without compensation 5 feet of right-of-way for Quay Dock Road. c) Construct or bond-out an eastbound th right-turn lane on 69 Street at the project entrance. d) th Construct or bond-out the 69 Street sidewalk segment adjacent to Winter Grove. e) Construct or bond-out the internal sidewalks. f) Construct or bond-out the required landscape buffers. g) Restrict all proposed lots to 1-story residences. h) Provide a limited access easement along the project’s Quay Dock Road frontage which restricts vehicular or pedestrian access to Quay Dock Road. i) Construct or bond-out the Winter Grove water and sewer March 15, 2005 30 stub-outs. 7) Prior to issuance of a certificate of completion for phase one of the project, the applicant shall: a) th Construct an eastbound right-turn lane on 69 Street at the th project entrance. b) Construct the 69 Street sidewalk segment adjacent to Winter Grove. c) Construct all internal sidewalks. d) Install all perimeter landscape buffers. e) Install all required recreation tract improvements. f) Pay all th escrow funds for the future 69 Street sidewalk segment adjacent to the Greene River Packing House site. g) Construct the Winter Grove water and sewer stub-outs. The Chairman called a short recess at 11:07 a.m. The meeting was reconvened at 11:16 a.m. with all members present. 9.A.2. PUBLIC HEARING – ORDINANCE NO. 2005-007 - LAND DEVELOPMENT REGULATION (LDR) AMENDMENTS TO SUBDIVISION ORDINANCE PROVISIONS FOR “BONDING-OUT” AND MAINTENANCE SECURITY – GROWTH AWARENESS COMMITTEE (GAC) (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling reviewed the memorandum dated March 8th, recounted the history of this matter, and explained the changes that would occur if the Board March 15, 2005 31 adopts this proposed ordinance. He explained in depth the information on the chart found in the backup on page 331. It was decided that the Board would consider one issue at a time. The Chairman opened the public hearing. Doug Cuffe , 695 43rd Avenue, was concerned with the condition of roads in a subdivision after the developer has moved on. His concern was about the second lift of asphalt and how it might add to the longevity of the road. Public Works Director Jim Davis explained that since the early 1980’s the subdivision ordinance has required only 1 inch of asphalt on roads. He also explained that asphalt acts as a sealant. He prefers 2 lifts (3/4 inch thick each) of asphalt particularly in subdivisions of over 40 lots. He believed this to be a policy issue. Questions and discussion followed concerning timelines, certificates of completion, frequency and levels of inspections, certification of the engineers of record, and when the second layer of asphalt should be required. Joseph Paladin, Growth Awareness Committee leader and president of Atlantic Coast Construction & Development, Inc., commented on the asphalt-and-lift-thickness-issue and the time line of the letter-of-credit and bonding out. He thought the developers would not want to extend the period beyond 3 years because they want to get that letter-of-credit back. He thought 2 lifts make a better job. More discussion followed regarding punch-lists and other factors that might impact a decision on this issue. Jodah Bittle , Schulke, Bittle & Stoddard, LLC, asked the Board not to make the effective date too soon on this amendment. st Bruce Barkett Attorney asserted that April 1 would be too soon for implementation of this amendment because it is only 2 weeks away; he requested that it should be th effective on September 20 like the others. March 15, 2005 32 st Director Boling gave staff’s reasons for the April 1 adoption recommendation and th expressed concern that there could be several dozen applications between now and September 20. Messrs. Paladin, Bittle,Chuck Several comments were offered and discussed by MechlingScott McGuire of Pointe West, and of McGuire Associates. Commissioner Wheeler wanted to get back to the public hearing. Steve Smith , a member of the GAC, reiterated the reasons why the Committee advocated the 50% bonding out which they felt was a very fair compromise and it would slow down growth. He was also concerned about landscaping because once it is in it is out of the developer’s control and becomes the responsibility of the homeowners’ association. Director Boling responded to questions concerning responsibilities of a homeowners association; additional comments ensued. Peter Radke, Sunland Development, supported the 50% bonding reduction recommended by the GAC. He felt it would reduce staff time for reviews. The Chairman closed the public hearing. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Bowden for discussion, to approve staff’s recommendation. Under discussion, Commissioner Wheeler recounted the background leading to the Board’s direction to staff in November to tighten up the regulations to ensure the protection of home buyers in a development and so the County does not have to deal with disgruntled owners. Now is the time to take action on the wishes of the community. Because of the time put forth by the GAC, Chairman Lowther preferred to reach a happy medium and was supportive of the GAC’s recommendations. March 15, 2005 33 Community Development Director Bob Keating responded to questions defending staff’s recommendation asserting there would not be a rush of applications if the effective date st were to be April 1. Commissioner Davis preferred to support the GAC’s recommendation and have st Items 2-7 effective as of April 1 and have Item 1 effective in 90 days with the caveat that the Land Development Permit has already been applied for. Director Boling responded to Commissioner Bowden’s question about the origin of the 90-day delay. Commissioner Wheeler allowed that he could amend his motion to include the 90 days with a Land Development Permit; he also would like to see clearly the 2 lifts or a minimum 1½ inches of asphalt. He also wanted it very clearly stated that letters of credit are required and not bonds. He preferred to see the 25% recommended by the Professional Services Advisory Committee but that was not in his motion. MOTION WAS AMENDED by Commissioner Wheeler to include the 90 days with a Land Development Permit; 2 lifts or a minimum of 1½ inches of asphalt; and that letters of credit are required and not bonds. Commissioner Bowden SECONDED the amended motion. THE QUESTION WAS CALLED AND THE MOTION CARRIED 3-2 (Commissioners Davis and Chairman Lowther opposed) (The Board adopted Ordinance No. 2005-007 amending Land Development Regulations (LDRS) Chapter 913, Subdivision and Plats, by amending Section 913.07 regarding procedure and requirements for submitting and processing subdivision applications and March 15, 2005 34 913.10 Security for Construction and for Maintenance of Required Improvements.) Mr. Mechling questioned the motion and it was read into the record by both Executive Aide Massung and Deputy Clerk Ridgely and further clarified by Commissioner Wheeler. County Attorney Collins commented on the responsibility of landscaping. He called attention to page 307 of the backup (page 5 of the draft ordinance) and suggested it could be clarified pretty easily that: all required improvements, including landscaping, would have to be installed to get a certificate of completion. Then at the bottom of the same page, under Maintenance Security you could scratch out “buffering” improvements and simply handle it through Code Enforcement during the warranty period whether the association is controlled by the developers or the homeowners if the landscaping dies, it could be handled through Code Enforcement and that would address that concern. Commissioner Wheeler commented that sounded reasonable. 9.B.1. PUBLIC DISCUSSION ITEM – CAROLINE D. GINN - REQUEST TO SPEAK REGARDING THE IMPORTANCE OF THE UTILITY ADVISORY COMMITTEE Mrs. Ginn’s comments were heard during consideration of Consent Agenda item 7.T. above. 9.B.2. PUBLIC DISCUSSION ITEM – DEBORAH ECKER –RECOMMENDATIONS FOR CHANGES TO LDR CHAPTERS 901 - DEFINITIONS AND 926 - LANDSCAPING March 15, 2005 35 Deborah Ecker, 550 Rio Mar Drive, prepared a kit for each Commissioner with the recommended changes to the County’s landscaping regulations. (See the handout for her full remarks and recommendations. A copy is on file with the backup in the office of the Clerk to the Board.) NO ACTION REQUIRED OR TAKEN. 9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON MARCH 29, 2005 9.C.1. SH,LLC–R+/-23.6 HIVA OLDINGS EQUEST TO REZONE ACRES 65S3,230 TH LOCATED SOUTH OF TREET AND APPROXIMATELY FEET WEST ODHPD,PD OF LD IXIE IGHWAY FROM LANNED EVELOPMENT C/R,RS-6,S-FR OMMERCIALECREATIONAL TO INGLEAMILY ESIDENTIAL D(6/).SH,LLC,O. ISTRICT UP TO UNITSACRE HIVA OLDINGS WNER S,B&S,LLC,A(Q-J) CHULKE ITTLE TODDARD GENT UASIUDICIAL 9.C.2. HP:R160.94 IGH OINTE EQUEST TO REZONE APPROXIMATELY PD,PD ACRES FROM LANNED EVELOPMENT C/R,PD,PD OMMERCIALECREATIONAL TO LANNED EVELOPMENT R, ESIDENTIAL AND TO OBTAIN CONCEPTUAL AND PRELIMINARY PLANNED 247- DEVELOPMENT APPROVAL FOR SINGLEFAMILY RESIDENTIAL “HP”.AH,I. PROJECT TO BE KNOWN AS IGH OINTE MERITREND OMES NC O.S,BS,LLC,A.L WNER CHULKE ITTLE AND TODDARD GENT OCATED ON 65SFEC TH THE SOUTH SIDE OF TREET IMMEDIATELY WEST OF THE March 15, 2005 36 R.ZC:PD AILROAD ONING LASSIFICATION C/R.LUD:C/I OMMERCIALECREATIONAL AND SE ESIGNATION CIL-2,LD2(6 OMMERCIAL NDUSTRIAL AND OW ENSITY UP TO UNITS PER ).P:1.54.(L) ACRE ROPOSED DENSITY UNITS PER ACRE EGISLATIVE Executive Aide Kimberly Massung read the above notices into the record. 10. COUNTY ADMINISTRATOR’S MATTERS – WEEKLY AGENDA PUBLICATION IN THE NEWSPAPER County Administrator Baird reviewed the memorandum of March 8, 2005 as to whether or not the County should pay approximately $35,000 per year for publication of the Board of County Commissioners’ meeting agendas in the Press Journal. He mentioned the other means available to the public for obtaining the agenda that included the Internet, the Libraries, pick up in the County Administration Building and mailing on request. He suggested the administration could make a list and mail a copy to those who request it. He suggested the Press Journal could publish the agenda as a community services, but there had been no response from that newspaper. Bob Johnson , Coral Wind Subdivision, advised that Jim Granse authorized him to speak on his behalf. Mr. Granse continues to insist that the agenda should be published in the Press Journal. He also advised of a request to publish the agenda from the Civic Association and the Taxpayers Association. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Chairman Lowther for discussion, to publish the Board of County Commissioners’ agenda in the Press Journal. March 15, 2005 37 Chairman Lowther recounted a discussion 2 years ago about this subject and while he does not like spending the money for this, he thought they should. Commissioner Bowden preferred to see this cost in the budget. She did not consider this an emergency and suggested it be brought up during the budget process and she may vote for it then. Vice Chairman Neuberger agreed with Commissioner Bowden. Commissioner Wheeler WITHDREW his motion. ON MOTION by Commissioner Wheeler, SECONDED by Chairman Lowther, the Board agreed by a 4-1 vote (Commissioner Davis opposed) to not publish the agenda at this time, to mail it to anyone who requests it, and to reconsider this matter during the budget process for the next fiscal year. 11.C.1. GENERAL SERVICES – CITRUS BEST MANAGEMENT PRACTICE (BMP) CONTRACT #SG469AA - ST. JOHNS RIVER WATER MANAGEMENT DISTRICT – CHANGE ORDER – HAMMOND GROVES EXTENSION – BEATTY GROVES WITHDRAWAL REQUEST ON MOTION by Commissioner Wheeler, SECONDED by Vice Chairman Neuberger, the Board unanimously approved the Change Order #1 to contract with SJRWMD and authorized the Chairman to execute same; approved the extension in time to December 31, 2005 as requested by March 15, 2005 38 Hammond Groves; and acknowledged the withdrawal of Beatty Groves as requested in a letter from Lindsey Citrus Management dated January 10, 2005, all as recommended in the memorandum of March 8, 2005. CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.C.2. GENERAL SERVICES – LIBRARY MASTER PLAN ACCEPTED AND APPROVED - HARVARD JOLLY ARCHITECTS & RUTH O’DONNELL, LIBRARY CONSULTANT MOTION WAS MADE by Commissioner Davis, SECONDED by Vice Chairman Neuberger, to approve staff’s recommendation. Bob Johnson , Coral Wind Subdivision, requested that a South County library be moved to the #1 position (from #2) if the Mueller Campus Indian River Community College is not built. County Administrator Baird responded that, due to the four hurricanes last year that impacted the State, it might take awhile for the Legislature to fund the Mueller Campus library. He gave assurance that should the State funding “go away” the South County library would move to first place in the Plan. The Chairman CALLED THE QUESTION and the motion carried unanimously. (The Board accepted and approved March 15, 2005 39 the Library Master Plan as prepared and presented, as recommended in the memorandum of March 8, 2005.) LIBRARY MASTER FACILITIES PLAN IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.1. PUBLIC WORKS – RESOLUTION NOS. 2005-032 AND 2005-033 – GROVENOR ESTATES SUBDIVISION PAVING AND DRAINAGE IMPROVEMENTS – RESOLUTIONS I AND II ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution No. 2005-032 providing for certain paving and stth drainage improvements to 31 Avenue SW from 13 Street thndth SW to 10 Street SW and 32 Avenue SW from 13 Street thth SW to 11 Street SW and the intersecting streets (12 th Street SW and 11 Street SW) in Grovenor Estates Subdivision, providing the total estimated cost, method of payment of assessments, number of annual installments, and legal description of the area specifically benefited. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution No. 2005-033 Setting a time and place at which stth the owners of property on 31 Avenue SW from 13 Street thndth SW to 10 Street SW, and 32 Avenue from 13 Street SW March 15, 2005 40 th to 11 Street SW and the intersecting roads in Grovenor Estates Subdivision and other interested persons may appear before the Board of County Commissioners and be heard as to the propriety and advisability of making paving and drainage improvements to said property as to the cost thereof, as to the manner of payment therefore, and as to the amount thereof to be specially assessed against each property benefited thereby. (Date: April 19, 2005.) (Clerk’s Note: This resolution was later replaced due to unmet advertising requirements.) 11.I.2. PUBLIC WORKS – PELICAN ISLAND WILDLIFE REFUGE TIDAL MARSH PHASE 1B PROJECT NO. 0424 – ADDITIONAL PROFESSIONAL SURVEY SERVICES – SOUTHEAST AREA – CARTER ASSOCIATES, INC. – WORK ORDER NO. 4 (ENGINEERING) ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved Work Order No. 4 (Engineering) authorizing the above mentioned project as outlined in the proposed scope of services with Carter Associates, Inc. and authorized the Chairman to execute the same for a lump sum fee of $3,100.00, as recommended in the memorandum of March 8, 2005. WORK ORDER NO. 4 IS ON FILE March 15, 2005 41 IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.3. PUBLIC WORKS – POINTE WEST OF VERO BEACH, LIMITED PARTNERSHIP - AMENDMENT #2 TO TH DEVELOPER’S AGREEMENT – PAVING OF 16 STREET TH EAST AND WEST OF 74 AVENUE AND RELOCATION OF CANAL ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Amendment No. 2 extending the time of completion and th saving the cost of piping the 16 Street canal, as recommended in the memorandum of March 2, 2005. (Alternative No. 1.) AMENDMENT #2 TO DEVELOPER’S AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.1. UTILITIES SERVICES – SOUTH COUNTY REVERSE OSMOSIS WATER PLANT – LIMITED PETROLEUM DISCHARGE ASSESSMENT – GEOSYNTEC CONSULTANTS, INC. - WORK AUTHORIZATION NO. 9902-08 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Work Order No. 9902-08 to GeoSyntec Consultants, Inc. March 15, 2005 42 and authorized the Chairman to execute same, as recommended in the memorandum of March 7, 2005. WORK AUTHORIZATION NO. 9902-08 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.2. UTILITIES SERVICES – BID #7033 – WATER, SEWER & RECLAIMED WATER LINE REPLACEMENT/EXTENSION AND MISCELLANEOUS LABOR CONTRACT (ANNUAL LABOR CONTRACT) - DANELLA COMPANIES, INC. (SOLE RESPONSE) ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously awarded Bid #7033 to Danella Companies, Inc. as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid; authorized the Chairman to execute a contract with Danella Companies, Inc. upon County Attorney’s Office final review and acceptance of the agreement (to be submitted to the Board for approval) for the period through September 30, 2005, authorized the Purchasing Manager to renew this contract for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, Contractor acceptance and the determination that the renewal of this contract is in the best interest of the County, as recommended in the memorandum of February 23, 2005. March 15, 2005 43 DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13.E.1. COMMISSIONER WHEELER – RESOLUTION NO. 2005-034 ENDORSING GOVERNOR BUSH’S JOINT RESOLUTION TO AMEND SCHOOL CLASS SIZE MOTION WAS MADE by Commissioner Wheeler SECONDED BY Commissioner Bowden, to adopt a resolution supporting Governor Bush’s Joint Resolution to Amend Class Size Amendment. Under discussion, Chairman Lowther and Commissioner Davis would have preferred this to have been initiated by the School Board but agreed with the concept. The Chairman CALLED THE QUESTION and the motion carried unanimously. (The Board adopted Resolution No. 2005-034 supporting Governor Bush’s Joint Resolution to Amend Class Size Amendment.) 13.E.2. COMMISSIONER WHEELER – PROPOSED A SPECIAL ACT OF THE LEGISLATURE PROHIBITING EXPANSION OF THE INDIAN RIVER COUNTY URBAN SERVICE AREA WITHOUT VOTER APPROVAL March 15, 2005 44 Commissioner Wheeler reviewed his memo wherein he recommended the Board authorize him to begin the process of promoting a Special Act of the Legislature for Indian River County to require voter approval prior to expansion of the county’s Urban Services Area boundary. He asked for the Commissioners’ support of this effort. ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously agreed to appoint Commissioner Wheeler as the point person to begin the process of promoting a Special Act of the Legislature that would require voter approval prior to expansion of the Indian River County Urban Service Area Boundary. 13.E.3. COMMISSIONER WHEELER - KENNETH KENNEDY’S APPEAL OF PLANNING & ZONING COMMISSION’S DENIAL OF REZONING REQUEST – MOVED TO EVENING MEETING OF APRIL 12, 2005 MOTION WAS MADE by Vice Chairman Neuberger, SECONDED BY Commissioner Wheeler, schedule the th appeal to be heard at the April 12, 2005 meeting. Commissioner Davis noted that there are two sides to this issue and he suggested it th might be more appropriate to move the April 5 meeting to 6 pm rather than changing the date to an evening meeting. March 15, 2005 45 Commissioner Wheeler was amenable to that suggestion; he just wanted it to be an evening meeting because there was a lot of community interest when this matter was heard at an evening meeting of the Planning & Zoning Commission. County Attorney Collins thought the Board could change the meeting date if they wished to do so. He stated that Bruce Barkett, who represents Mr. Kennedy, has a schedule thth conflict for the night of the 12, and has requested the matter be heard on April 5. Discussion ensued on other scheduling conflicts, and County Attorney Collins advised it would be too late to advertise if the Board delayed this decision to their next meeting on th March 29. The Chairman CALLED THE QUESTION and the motion carried 4-1. (Commissioner Davis opposed.) (Mr. Kennedy’s appeal was rescheduled to April 12, 2005 at 6 p.m.) 14.A. EMERGENCY SERVICES DISTRICT 1. AMRMF8,2005 PPROVAL OF INUTES OF EGULAR EETING OF EBRUARY 2. TPABIR RAINING ARTNERSHIP GREEMENT ETWEEN NDIAN IVER CCIRCE OMMUNITY OLLEGE AND NDIAN IVER OUNTY MERGENCY SD ERVICES ISTRICT 3. AIRCRFP#7036,CS PPROVAL OF ONSULTANT ERVICES FOR CFEMSS ONSOLIDATION OF IRE AND ERVICES March 15, 2005 46 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 Emergency Services District. Those Minutes are being prepared separately and are appended to this document. 14.B. SOLID WASTE DISPOSAL DISTRICT 1. AMRMD7,2004 PPROVAL OF INUTES OF EGULAR EETING OF ECEMBER 2. AMRMD14,2004 PPROVAL OF INUTES OF EGULAR EETING OF ECEMBER 3. AMRMJ4,2005 PPROVAL OF INUTES OF EGULAR EETING OF ANUARY 4. IRCI’RS NDIAN IVER ORRECTIONAL NSTITUTIONS EQUEST FOR OLID WAA ASTE SSESSMENT DJUSTMENT 5. LGCSCO#2 ANDFILL AS ONTROL YSTEM HANGE RDER The Chairman announced that immediately upon adjournment of the Emergency Services District 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 - NO MEETING 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 March 15, 2005 47 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 1:17 p.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman Minutes Approved: _________________ BCC/PR/2005 Minutes March 15, 2005 48