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HomeMy WebLinkAbout05/10/2005 (2) INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF MAY 10, 2005 1.CALL TO ORDER........................................................................................ 1 2.INVOCATION ............................................................................................... 1 3.PLEDGE OF ALLEGIANCE...................................................................... 1 4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ............................................................................................................ 1 5.A.PRESENTATION OF PROCLAMATION DESIGNATING MAY 6-12, 2005 AS NATIONAL NURSES WEEK ............................................ 2 5.B.PRESENTATION OF PROCLAMATION HONORING THE TEEN ACADEMY THRIFT SHOP ........................................................... 2 5.C.PRESENTATION OF PROCLAMATION DESIGNATING MAY 9-13, 2005 AS NATIONAL TOURISM WEEK IN INDIAN RIVER COUNTY ........................................................................................................ 2 5.D.PRESENTATION OF TREASURE COAST REGIONAL PLANNING COUNCIL COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY 2004 BY GREG VADAY, AICP, TREASURE COAST REGIONAL PLANNING COUNCIL .................. 3 May 10, 2005 1 5. E.GROWTH AWARENESS COMMITTEE - MOVED FROM 9.B.1. .... 3 6.APPROVAL OF MINUTES – APRIL 5, 2005 .......................................... 3 7.CONSENT AGENDA ................................................................................... 3 7.A.RAHH(PW) .....................................3 ETIREMENT WARD FOR ENRY ENRY UBLIC ORKS 7.B.PDM15-21,2005IRC ROCLAMATION ESIGNATING AY AS NDIAN IVER OUNTY PO’MW.........................................................................4 EACE FFICERS EMORIAL EEK 7.C.AW–A22-28,2005 .........................................................4 PPROVAL OF ARRANTS PRIL 7.D.R2005-050-ACA ESOLUTION UTHORIZATION OF OUNTY DMINISTRATOR TO SBCCCL IGN FOR OARD OF OUNTY OMMISSIONERS WHEN ALLING ETTERS OF CCEA ...................................................................4 REDIT OR ASH SCROW GREEMENTS 7.E.MOCN,L..L EDIATION RDER IN THE ASE OF AHMAD ANKAU ET AL V EWIS B, ............................................................................................................4 ARTON ET AL 7.F.PICC–AJ.G& ROPERTY NSURANCE LAIM ONSULTANT RTHUR ALLAGHER C(SIC) ...........................................................5 OMPANY IVER NSURANCE ONSULTANTS 7.G.B#7038-HHSWA– ID AEGER IGHLANDS UBDIVISION ATER SSESSMENT ABASA(Y’ PPROVAL OF ID WARD AND AMPLE GREEMENT OUNGS CC,I.) ............................................................................5 OMMUNICATION OMPANY NC 7.H.B#7060–WRWTFL ID EST EGIONAL ASTEWATER REATMENT ACILITY IFT S–P6”PMSA TATION URCHASE OF ORTABLE ODULAR OUND TTENUATED D-RSPES(ACMED RYRIMING EWAGE UMP WITH NVIROPRIME YSTEM YNAMICS C)............................................................................................................6 ORPORATION 7.I.AB#7061ALH WARD ID AND PPROVAL OF EASE FOR OUSE LOCATED AT THE C8S27A(M.VG) .........................6 THTH ORNER OF TREET AND VENUE S IVIAN RUSKOS 7.J.TGACDBG(CDBG)– HE IFFORD REA OMMUNITY EVELOPMENT LOCK RANT FFE,I.-COJLB– RED OX NTERPRISES NC HANGE RDER FOR ESSIE EE ROWN 461634A-–SHIP(SHIP TH VENUE TATE OUSING NITIATIVE ARTNERSHIP P)–H.C.TC ..............................................................7 ROGRAM URNER ONSTRUCTION May 10, 2005 2 7.K.S7EIS(EIS)P ECTOR NVIRONMENTAL MPACT TATEMENT REPARATION P–PRR–DC&AI. ROJECT ARTIAL ELEASE OF ETAINAGE IAL ORDY SSOCIATE NC 7 7.L.S.JRWMD(SJRWMD)S T OHNS IVER ATER ANAGEMENT ISTRICT TORMWATER TH RTF–8S74A- TH ESERVOIR AND REATMENT ACILITY TREET AND VENUE CA–PWSD ONCEPTUAL PPROVAL UBLIC ORKS TORMWATER IVISION MU(MOU)–EM ................................7 EMORANDUM OF NDERSTANDING GRET ARSH 7.M.NCRPP2–EC ORTH OUNTY EGIONAL ARK HASE NVIRONMENTAL ONSULTING SRREC ERVICES FOR ELEASE OF ETAINAGE FOR NVIRONMENTAL ONSULTING GI.–PN.0399 ...............................................................................8 ROUP NC ROJECT O 7.N.RFQN.7049-EIRCT/S O ASTERN NDIAN IVER OUNTY OWNSHIPECTIONAL CSMPN.0504–SL ONTROL URVEYING AND APPING ROJECT O ELECTION OF AND SF-NM,I. ......................................................................9 URVEYING IRM ICK ILLER NC 7.O.GMS–37S10C-F THTH IBBFLIN EDICAL UBDIVISION TREET AND OURT INAL PA–FC,I. .................................................9 LAT PPROVAL LINCHUM ONSTRUCTION NC 9.A.1.PUBLIC HEARING – RESOLUTION 2005-051 – HEALTH SYSTEMS OF INDIAN RIVER INC.’S REQUEST TO AMEND  THE COMPREHENSIVE PLAN – REDESIGNATE 21.2 ACRES TH FROM L-1 TO C/I (S. OF 35 LANE; APPROXIMATELY 420’ E.  TH OF 12 COURT), AND REDESIGNATE 21.2 ACRES FROM TH C/I TO L-1 (1350’ SOUTH OF 65 STREET)(LEGISLATIVE .... 10 ) 9.A.2.PUBLIC HEARING – COUNTY INITIATED REQUEST TO  REDESIGNATE 870 ACRES FROM L-1, LOW DENSITY RESIDENTIAL-1 (UP TO 3 UNITS/ACRE), AND L-2, LOW DENSITY RESIDENTIAL-2 (UP TO 6 UNITS/ACRE), TO R, RURAL RESIDENTIAL (UP TO 1 UNIT/ACRE) (LEGISLATIVE) (DENIED) ..................................................................... 11 May 10, 2005 3 9.A.3.PUBLIC HEARING – RESOLUTION 2005-052 – COUNTY INITIATED REQUEST AMENDING THE RECREATION AND OPEN SPACE ELEMENT, ECONOMIC DEVELOPMENT ELEMENT, AND SOLID WASTE SUB-ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE) ....................................... 13 9.A.4.PUBLIC HEARING - RESOLUTION 2005-053 – COUNTY INITIATED REQUEST TO AMEND THE TEXT OF THE CONSERVATION ELEMENT AND COASTAL MANAGEMENT ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE) ......................................................................................... 14 9.A.5.PUBLIC HEARING - RESOLUTION 2005-054 – COUNTY INITIATED REQUEST TO AMEND THE TEXT OF THE FUTURE LAND USE ELEMENT (FLUE) OF THE COMPREHENSIVE PLAN (LEGISLATIVE) (LEVEL OF SERVICE \[LOS\]) ........................................................................................ 15 9.A.6.RESOLUTION 2005-055 – COUNTY INITIATED REQUEST TO AMEND THE INTRODUCTORY ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE) ....................................... 19 9.A.7.RESOLUTION 2005-056 – COUNTY INITIATED REQUEST TO AMEND THE TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN – LEVEL OF SERVICE (LEGISLATIVE) ......................................................................................... 21 9.A.8.RESOLUTION 2005-057 – COUNTY INITIATED REQUEST TO AMEND THE CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE) ....................................... 23 May 10, 2005 4 9.B.1.PUBLIC DISCUSSION ITEM – JOSEPH PALADIN/GROWTH AWARENESS COMMITTEE TO SPEAK REGARDING WHEN IMPACT FEES SHOULD BE PAID AND WHEN VESTING SHOULD TAKE PLACE ........................................................................... 24 9.C.1.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON MAY 24, 2005 ................................................................... 24 9.C.1AOEIRCEZ N RDINANCE STABLISHING THE NDIAN IVER OUNTY NTERPRISE ONE DA(EZDA),PS290.0056,F EVELOPMENT GENCY URSUANT TO ECTION LORIDA S;PACS TATUTES ROVIDING FOR PPOINTMENT AND OMPOSITION OF AID A;SFTO;PR GENCY ETTING ORTH THE ERMS OF FFICE ROVIDING FOR EMOVAL O;PO,Q,RP; FROM FFICE ROVIDING FOR FFICERS UORUM ULES OF ROCEDURES PC;SFF,P ROVIDING FOR OMPENSATION ETTING ORTH THE UNCTIONS OWERS DA;PAI AND UTIES OF THE GENCY ROVIDING FOR THE DOPTION OF THE NDIAN RCEZSP;P IVER OUNTY NTERPRISE ONE TRATEGIC LAN ROVIDING FOR CS;PED. ................. 24 ONFLICT AND EVERABILITY ROVIDING FOR AN FFECTIVE ATE 11.C.1.GENERAL SERVICES – TRANSFER OF OWNERSHIP AND MAINTENANCE RESPONSIBILITIES FROM CITY OF VERO TH BEACH – LATERAL “E” CANAL CROSSINGS – 27 STREET TH AND 19 AVENUE - NEW COUNTY ADMINISTRATION COMPLEX ................................................................................................... 25 11.I.1.ROADWAY IMPROVEMENTS TO EAST CR510 AND NORTH A1A – CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT – KIMLEY-HORN AND ASSOCIATES, INC. ........... 25 11.I.2.INTERLOCAL AGREEMENT/EASEMENT FOR ST STORMWATER MANAGEMENT ON 81 STREET WITH May 10, 2005 5 NEW LIBERTY MAGNET SCHOOL, SCHOOL DISTRICT OF INDIAN RIVER COUNTY ........................................................................ 26 11.I.3.ADDITIONAL DESIGN/TOPOGRAPHIC PROFESSIONAL SURVEY SERVICES – COUNTY ROAD 512, PHASE IV FROM PHASE III ROSELAND ROAD TO EAST OF I-95 – MASTELLER, MOLER & REED, INC. – WORK ORDER NO. 4 ..... 26 11.I.4.RESOLUTION 2005-058 – AUTHORIZING THE EXECUTION OF DISTRICT FOUR LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT – SR-5 (US-1) FROM NORTH OF WABASSO ROAD TO HARRISON STREET IN SEBASTIAN (4 MILES) – FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) .................................................................. 27 11.J.1.DESIGNING UTILITY RELOCATIONS FOR PROPOSED BRIDGES – WORK AUTHORIZATION DIRECTIVE TO UTILITY LABOR CONTRACTOR FOR LOCATION AND RD DEPTH OF UTILITIES ON 43 AVENUE AND OLD DIXIE TH HIGHWAY AT THE SOUTH RELIEF CANAL AND 5 STREET SW AT LATERAL C – THE DANELLA COMPANIES, INC. (BID 7033 - ENGINEERING) ............................................................................. 27 13.D.1.COMMISSIONER WESLEY S. DAVIS – ADDITIONAL MEMBER – LAND ACQUISITION ADVISORY COMMITTEE (LAAC) ......................................................................................................... 28 14.A.EMERGENCY SERVICES DISTRICT - NONE ................................... 28 14.B.SOLID WASTE DISPOSAL DISTRICT - NONE .................................. 28 May 10, 2005 6 14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 28 May 10, 2005 7 May 10, 2005 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in Regular th Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday, May 10, 2005, at 6:00 p.m. Present were Chairman Thomas S. Lowther, Vice Chairman Arthur R. Neuberger, and Commissioners Sandra L. Bowden, Wesley Davis and Gary C. Wheeler. Also present were County Administrator Joseph Baird, County Attorney William G. Collins II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Maria I. Suesz. 1. CALL TO ORDER Chairman Lowther called the meeting to order at 6:00 p.m. 2. INVOCATION Planning Director Stan Boling delivered the Invocation. 3. PLEDGE OF ALLEGIANCE County Attorney William G. Collins II led the Pledge of Allegiance to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Lowther requested the following changes to today’s Agenda: May 10, 2005 1 Item 5.D. Defer to May 24, 2005 Item 9.A.1. Add to backup sign in sheet Item 9.A.2. Add to backup Letter from Carol Saviak, Executive Director of Coalition for Property Rights Item 9.A.3. Revised backup pages 147-160 Item 9.A.5. Revised backup page 239 and add revised Future Land Use Element Policy 2.8 (3 pages) Add to backup handouts from Ruth Meyers, Dr. Richard Baker, Bob Swift, David Risinger, and sign in sheets (3) Item9. A.6. Add to backup sign in sheet Item 9.A.7. Add to backup sign in sheet Item 9.A.8. Add to backup revised pages 474-475, 504-505 and sign in sheet Move Item 9.B.1. to Item 5.E. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Bowden, the Board unanimously made the above changes to the Agenda. 5.A. PRESENTATION OF PROCLAMATION DESIGNATING MAY 6-12, 2005 AS NATIONAL NURSES WEEK Commissioner Bowden read and presented the Proclamation to Susan Leonard from the Visiting Nurses Association. 5.B. PRESENTATION OF PROCLAMATION HONORING THE TEEN ACADEMY THRIFT SHOP Commissioner Wheeler read and presented the Proclamation honoring the Teen Academy Thrift Shop to Lovi Wheeler. (no relationship) 5.C. PRESENTATION OF PROCLAMATION DESIGNATING MAY 9-13, 2005 AS NATIONAL TOURISM WEEK IN INDIAN RIVER COUNTY Chairman Lowther read and presented the Proclamation to Reanie Brock, Chairman of the Indian River Vero Beach Chamber of Commerce. May 10, 2005 2 5.D. PRESENTATION OF TREASURE COAST REGIONAL PLANNING COUNCIL COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY 2004 BY GREG VADAY, AICP, TREASURE COAST REGIONAL PLANNING COUNCIL Deferred to May 24, 2005. 5. E. GROWTH AWARENESS COMMITTEE - MOVED FROM 9.B.1. Joseph Paladin, Atlantic Coast Construction and President of the Growth Awareness Committee, proposed the payment of impact fees at the time of final plat application or the time of Mr. filing a voluntary lien in the amount of the impact fee to be paid at the first change of hands. Paladin said he would be doing a study around the state to see when other counties collect their impact fees. He said the Growth Awareness Committee would like to make the roads a priority and oversee the system as a committee. NO ACTION REQUIRED OR TAKEN. 6. APPROVAL OF MINUTES – APRIL 5, 2005 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of April 5, 2005. There were none. ON MOTION by Commissioner Sandra L. Bowden, SECONDED by Commissioner Gary C. Wheeler, the Board unanimously approved the Minutes of the Regular Meeting of April 5, 2005, as written and distributed. 7. CONSENT AGENDA 7.A. RAHH(PW) ETIREMENT WARD FOR ENRY ENRY UBLIC ORKS The Board acknowledged the award for the record. May 10, 2005 3 7.B. PDM15-21,2005IR ROCLAMATION ESIGNATING AY AS NDIAN IVER CPO’MW OUNTY EACE FFICERS EMORIAL EEK The Board acknowledged the Proclamation for the record. 7.C. AW–A22-28,2005 PPROVAL OF ARRANTS PRIL ON MOTION by Commissioner Arthur R. Neuberger, SECONDED by Commissioner Wesley S. Davis, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for April 22-28, 2005, as requested in the memorandum of April 28, 2005. 7.D. R2005-050-AC ESOLUTION UTHORIZATION OF OUNTY ASBCC DMINISTRATOR TO IGN FOR OARD OF OUNTY OMMISSIONERS CLCCE WHEN ALLING ETTERS OF REDIT OR ASH SCROW A GREEMENTS ON MOTION by Commissioner Arthur R. Neuberger, SECONDED by Commissioner Wesley S. Davis, the Board unanimously adopted Resolution 2005-050 delegating the County Administrator, or designee, the authority to call letters of credit or cash escrow agreements issued under Section 913.10 of the Code of Indian River County, as recommended in the memorandum of May 2, 2005. 7.E. MOCN,L.. EDIATION RDER IN THE ASE OF AHMAD ANKAU ET AL V LB, EWIS ARTON ET AL ON MOTION by Commissioner Arthur R. Neuberger, SECONDED by Commissioner Wesley S. Davis, the Board unanimously authorized the County Attorney, or an Assistant County Attorney, to appear at the court ordered May 10, 2005 4 mediation in the above case with full authority to negotiate and recommend a settlement at a later date to the Board of County Commissioners, as recommended in the memorandum of May 4, 2005. 7.F. PICC–AJ. ROPERTY NSURANCE LAIM ONSULTANT RTHUR G&C(SIC) ALLAGHER OMPANY IVER NSURANCE ONSULTANTS ON MOTION by Commissioner Arthur R. Neuberger, SECONDED by Commissioner Wesley S. Davis, the Board unanimously authorized work with Siver Insurance Consultants, as outlined in their proposal of April 28, 2005 (see page 25-28 of the backup), to resolve hurricane property damage claims, as recommended in the memorandum of April 29, 2005. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 7.G. B#7038-HHSW ID AEGER IGHLANDS UBDIVISION ATER A–ABAS SSESSMENT PPROVAL OF ID WARD AND AMPLE A(Y’CC,I.) GREEMENT OUNGS OMMUNICATION OMPANY NC ON MOTION by Commissioner Arthur R. Neuberger, SECONDED by Commissioner Wesley S. Davis, the Board unanimously awarded Bid #7038 to Young’s Communications Company, Inc. as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid. In addition, the Board approved the sample agreement and authorized the Chairman to execute said agreement when required performance and payment bonds have been submitted along with appropriate certificate of insurance May 10, 2005 5 and the County Attorney has approved the agreement as to form and legal sufficiency, as recommended in the memorandum of April 27, 2005. 7.H. B#7060–WRWTF ID EST EGIONAL ASTEWATER REATMENT ACILITY LS–P6”PMS IFT TATION URCHASE OF ORTABLE ODULAR OUND AD-RSPE TTENUATED RYRIMING EWAGE UMP WITH NVIROPRIME S(ACMEDC) YSTEM YNAMICS ORPORATION ON MOTION by Commissioner Arthur R. Neuberger, SECONDED by Commissioner Wesley S. Davis, the Board unanimously awarded Bid #7060 to ACME Dynamics Corporation in the amount of $28,950.00, as the second lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid as recommended in the memorandum of April 26, 2005. The low bidder USA Blue Book took exception to the fuel tank size and hydraulic brakes. The second low bidder is $4.89 above the lowest bidder and is still $3,550.00 under budget. 7.I. AB#7061ALH WARD ID AND PPROVAL OF EASE FOR OUSE LOCATED C8S27A(M.V THTH AT THE ORNER OF TREET AND VENUE S IVIAN G) RUSKOS ON MOTION by Commissioner Arthur R. Neuberger, SECONDED by Commissioner Wesley S. Davis, the Board unanimously awarded the bid #7061 to Ms. Vivian Gruskos for the bid amount of $600 per month including the required damage deposit. The Board also approved and authorized the Chairman to sign the lease subject to minor modification that may be required by the County Attorney, the execution by Vivian Gruskos, the submittal of all May 10, 2005 6 required payments and evidence of required insurance, as recommended in the memorandum of May 4, 2005. LEASE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.J. TGACDBG HE IFFORD REA OMMUNITY EVELOPMENT LOCK RANT (CDBG)–FFE,I.-CO RED OX NTERPRISES NC HANGE RDER FOR JLB–461634A-–SHIP(SH TH ESSIE EE ROWN VENUE TATE OUSING IPP)–H.C.T NITIATIVE ARTNERSHIP ROGRAM URNER C ONSTRUCTION ON MOTION by Commissioner Arthur R. Neuberger, SECONDED by Commissioner Wesley S. Davis, the Board unanimously approved the Change Order #1 increasing H. C. Turner Construction’s cost for the Jessie Lee Brown th (4616 34 Avenue) replacement house by $5,176.00, of which $4,096.00 will be paid directly to the County Utilities Department for water and sewer capacity charges, as recommended in the memorandum of May 2, 2005. 7.K. S7EIS(EIS) ECTOR NVIRONMENTAL MPACT TATEMENT PP–PRR–D REPARATION ROJECT ARTIAL ELEASE OF ETAINAGE IAL C&AI. ORDY SSOCIATE NC ON MOTION by Commissioner Arthur R. Neuberger, SECONDED by Commissioner Wesley S. Davis, the Board unanimously approved the application for partial release of the retainage in the amount of $8,118.36, as recommended in the memorandum of April 28, 2005. 7.L. S.JRWMD(SJRWMD) T OHNS IVER ATER ANAGEMENT ISTRICT TH SRTF–8S TORMWATER ESERVOIR AND REATMENT ACILITY TREET May 10, 2005 7 74A-CA–PW TH AND VENUE ONCEPTUAL PPROVAL UBLIC ORKS SDMU TORMWATER IVISION EMORANDUM OF NDERSTANDING (MOU)–EM GRET ARSH ON MOTION by Commissioner Arthur R. Neuberger, SECONDED by Commissioner Wesley S. Davis, the Board unanimously conceptually approved the SJRWMD proposal, and authorized the Public Works Stormwater Division to negotiate with SJRWMD to enter into a Memorandum of Understanding (MOU) regarding the reservoir property and its transfer to County ownership, as recommended in the memorandum of May 4, 2005. 7.M. NCRPP2–E ORTH OUNTY EGIONAL ARK HASE NVIRONMENTAL CSRR ONSULTING ERVICES FOR ELEASE OF ETAINAGE FOR ECGI.–PN.0399 NVIRONMENTAL ONSULTING ROUP NC ROJECT O ON MOTION by Commissioner Arthur R. Neuberger, SECONDED by Commissioner Wesley S. Davis, the Board unanimously approved releasing final payment plus retainage in the amount of $51.75, as recommended in the memorandum of May 2, 2005. May 10, 2005 8 7.N. RFQN.7049-EIRC O ASTERN NDIAN IVER OUNTY T/SCSM OWNSHIPECTIONAL ONTROL URVEYING AND APPING PN.0504–SLSF-N ROJECT O ELECTION OF AND URVEYING IRM ICK M,I. ILLER NC ON MOTION by Commissioner Arthur R. Neuberger, SECONDED by Commissioner Wesley S. Davis, the Board unanimously approved the top ranking selection, Nick Miller Inc., and authorized staff to continue contract negotiations on behalf of the County with the selected firm for the Professional Land Survey services contract, as recommended in the memorandum of May 2, 2005. 7.O. GMS–37S10C- THTH IBBFLIN EDICAL UBDIVISION TREET AND OURT FPA–FC,I. INAL LAT PPROVAL LINCHUM ONSTRUCTION NC ON MOTION by Commissioner Arthur R. Neuberger, SECONDED by Commissioner Wesley S. Davis, the Board unanimously granted final plat approval for Gibbflin Medical Subdivision, and authorized the Chairman to sign the Contract for Construction of Required Improvements and Contract for Construction of Required Sidewalk Improvements. Security in the form of letters of credit, acceptable to the County Attorney, must be in place prior to plat recordation, as recommended in the memorandum of May 2, 2005. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD May 10, 2005 9 9.A.1. PUBLIC HEARING – RESOLUTION 2005-051 – HEALTH SYSTEMS OF INDIAN RIVER INC.’S REQUEST TO AMEND  THE COMPREHENSIVE PLAN – REDESIGNATE 21.2 TH ACRES FROM L-1 TO C/I (S. OF 35 LANE; TH APPROXIMATELY 420’ E. OF 12 COURT), AND  REDESIGNATE 21.2 ACRES FROM C/I TO L-1 (1350’ SOUTH TH OF 65 STREET)(LEGISLATIVE ) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating used a PowerPoint presentation to present this request. The purpose of this Comprehensive Plan Land Use Amendment is to swap the land th use designations of these two properties, thereby allowing for the expansion of the US-1/37 Street Medical/Commercial Node, while decreasing the size of the Commercial Industrial Node at th 65 Street and Old Dixie Highway. This amendment will reconfigure the two nodes. Staff and the Planning and Zoning Committee recommend the Board approve this request and transmit it to the Department of Community Affairs (DCA) for review. Director Keating reviewed the Comp Plan amendment process, advising that this is the first public hearing before the Board of County Commissioners on this amendment request. If the Board approves the transmittal of this application to the Department of Community Affairs (DCA) in Tallahassee for their 60-day review, a second and final public hearing will be scheduled to consider any comments made by the DCA and whether to adopt an ordinance amending the Comp Plan. If the Board denies the transmittal of an application to the DCA, the application process will come to an end. The Chairman opened the public hearing. Bill Stewart , 3355 Ocean Drive, and Attorney with Stewart and Evans representing the applicant, Indian River Hospital Inc. addressed his client’s intentions for the 11 acres. There were no additional speakers and the Chairman closed the public hearing. May 10, 2005 10 ON MOTION by Commissioner Gary C. Wheeler, SECONDED by Commissioner Sandra L. Bowden, the Board unanimously approved the proposed amendment to  change the land use designation for the 21.2 acres of subject property 1 from L-1, Low-Density Residential-1, to C/I, property 2 from C/I, Commercial/Industrial, to L-1, Low-Density Residential-1, for transmittal to the Department of Community Affairs for the state review. 9.A.2. PUBLIC HEARING – COUNTY INITIATED REQUEST TO  REDESIGNATE 870 ACRES FROM L-1, LOW DENSITY RESIDENTIAL-1 (UP TO 3 UNITS/ACRE), AND L-2, LOW DENSITY RESIDENTIAL-2 (UP TO 6 UNITS/ACRE), TO R, RURAL RESIDENTIAL (UP TO 1 UNIT/ACRE) (LEGISLATIVE) (DENIED) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating used a PowerPoint presentation to review this item. This is a County initiated request to amend the Future Land Use Map (FLUM) of the Comprehensive Plan. The Planning and Zoning Committee recommended the Board deny submittal to Department of Community Affairs (DCA). Staff said the proposed FLUM amendment will create a transitional land use designation and zoning district buffer inside the Urban Service Area. Staff does not feel there is a need to provide a buffer in this area, and concurs with P&Z for the Board to deny the proposed amendment. Director Robert Keating reviewed the Comp Plan amendment process, advising that this is the first public hearing before the Board of County Commissioners on this amendment request. If the Board approves the transmittal of this application to the Department of Community Affairs (DCA) in Tallahassee for their 60-day review, a second and final public hearing will be scheduled to consider any comments made by the DCA and whether to adopt an ordinance amending the Comp Plan. If the Board denies the transmittal of an application to the DCA, the application process will come to an end. May 10, 2005 11 The Chairman opened the public hearing. The following people addressed the Board in opposition to this proposal: Jeff Snoburger, Johnson’s Trail l Joseph Paladin , Atlantic Coast Construction th Mr. Robert Cagden , 6090 65 St, Winter Beach John Williams, 1635 Smugglers Cove, Vero Beach Ernie Cox, 777 S. Viper, Palm Beach, Rusty Max , 6705 Blvd., Vero Beach Scott McGuire, McGuire and Associates th Allen Green, 8030 98 Avenue, Sebastian There were no additional speakers and the Chairman closed the public hearing. MOTION WAS MADE by Vice Chairman Neuberger, SECONDED by Commissioner Davis for discussion, to accept staff’s recommendation to deny this request. Under discussion Commissioner Wheeler pointed out the origination of this item. Commissioner Davis commented that it was part of the visioning plan to increase the buffers along the urban service area. The Chairman CALLED THE QUESTION and the motion carried unanimously. (Proposed Comprehensive Plan Future Land Use Map Amendment denied.) May 10, 2005 12 9.A.3. PUBLIC HEARING – RESOLUTION 2005-052 – COUNTY INITIATED REQUEST AMENDING THE RECREATION AND OPEN SPACE ELEMENT, ECONOMIC DEVELOPMENT ELEMENT, AND SOLID WASTE SUB-ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating handed out material with additional changes implemented by the County’s impact fee consultant. Essentially it was a revised recreation/open space and solid waste element amendments to the Economic Development element; a thorough revision to all elements during the evaluation and that came out of the Economical Development Council (EDC). Staff and the Planning and Zoning Committee recommended approval and request for transmittal to DEPARTMENT OF COMMUNITY AFFAIRS (DCA) of review. Director Keating reviewed the Comp Plan amendment process, advising that this is the first public hearing before the Board of County Commissioners on this amendment request. If the Board approves the transmittal of this application to the Department of Community Affairs (DCA) in Tallahassee for their 60-day review, a second and final public hearing will be scheduled to consider any comments made by the DCA and whether to adopt an ordinance amending the Comp Plan. If the Board denies the transmittal of an application to the DCA, the application process will come to an end. The Chairman opened the public hearing. There were no speakers and the Chairman closed the public hearing. ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously adopted Resolution 2005-052, approving the transmittal of proposed amendments to the text of the Recreation and May 10, 2005 13 Open Space Element, Solid Waste Sub-element, and the Economic Development Element of the Indian River County Comprehensive Plan to the State of Florida Department of Community Affairs. 9.A.4. PUBLIC HEARING - RESOLUTION 2005-053 – COUNTY INITIATED REQUEST TO AMEND THE TEXT OF THE CONSERVATION ELEMENT AND COASTAL MANAGEMENT ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Environmental Planning Chief Roland DeBlois used a PowerPoint presentation to present this proposal. The purpose of this amendment is to revise the Conservation Element Analysis Section and Policy 6.12, relating to the native upland set-aside requirements, to clarify that a fee-in-lieu of native upland preservation will be accepted only as a last alternative when on-site upland preservation is not feasible. Also, the proposed text amendment will revise the basis of calculating the fee-in-lieu from tax-assessed value to current fair market value. The revision to the Coastal Management Element analysis section, objectives and policies reflect objectives and policies adopted in the Indian River County Manatee Protection and Boating Safety Comprehensive Management Plan (MPP). Community Development Director Robert Keating reviewed the Comp Plan amendment process, advising that this is the first public hearing before the Board of County Commissioners on this amendment request. If the Board approves the transmittal of this application to the Department of Community Affairs (DCA) in Tallahassee for their 60-day review, a second and final public hearing will be scheduled to consider any comments made by the DCA and whether to adopt an ordinance amending the Comp Plan. If the Board denies the transmittal of an application to the DCA, the application process will come to an end. May 10, 2005 14 The Chairman opened the public hearing. There were no speakers and the Chairman closed the public hearing. ON MOTION by Commissioner Gary C. Wheeler, SECONDED by Commissioner Wesley S. Davis, the Board unanimously adopted Resolution 2005-053, approving the transmittal of proposed amendments to the text of the Conservation Element and the Coastal Management Element of the Indian River County Comp Plan to the State of Florida Department of Community Affairs. (CLERK’S NOTE: The Chairman called for a recess at 7:21 p.m. and he reconvened the meeting at 7:32 p.m. with all members present.) 9.A.5. PUBLIC HEARING - RESOLUTION 2005-054 – COUNTY INITIATED REQUEST TO AMEND THE TEXT OF THE FUTURE LAND USE ELEMENT (FLUE) OF THE COMPREHENSIVE PLAN (LEGISLATIVE) (LEVEL OF SERVICE \[LOS\]) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating used a PowerPoint presentation to review this proposal as detailed in his memorandum (copy on file). He reviewed the Comp Plan amendment process advising that this is the first public hearing before the Board of County Commissioners on this amendment request. If the Board approves the transmittal of this application to the Department of Community Affairs (DCA) in Tallahassee for their 60-day review, a second and final public hearing will be scheduled to consider any comments made by the DCA and whether to adopt an ordinance amending the Comp Plan. If the Board denies the transmittal of an application to the DCA, the application process will come to an end. The proposed changes include: May 10, 2005 15 1.defining the vision statement “To maintain and promote the Small Town Character of Indian River County as a low density, low rise and green county, while providing for a variety of housing and transportation choices 2.eliminate policies 1.34 and 1.35, policies which allows for new towns to be developed outside of the urban service area. 3.create a New FLUE Policy 1.34 for “density transition” 4.revise FLUE Table 2.13 to allow more lower density residential zoned districts as transitional zoning in higher land use designation 5.revise Table 2.13 to permit the ROSE-4 District in the M-1 land use designation 6.revise Table 2.13 to allow the CN, Neighborhood Commercial, zoning district in the L-1, Low Density Residential-1 (up to 3 units/acre), land use designation, and remove from C/I 7.revise CN Language to be consistent with Policy 1.26 and with LDR 911.10.2.a 8.revise the text for the FLUE Residential Allocation Ratio to include current data 9.revise Table 2.12 Commercial/Industrial Node information to include current data 10.update the FLUE Policy 2.8 with level of service standards stated in CIE Policy 3.6 Staff and the P&Z Commission (4-2 vote) recommended that the Board adopt the resolution and transmit these amendments to the Department of Community Affairs for State review. The Chairman opened the public hearing. May 10, 2005 16 The following people addressed the Board and spoke in favor of eliminating Attachment 1 the New Town Concept from the Comp Plan: John Higgs , 45 Waxmyrtle Way John Williams, 1535 Smugglers Cove Hugh Beath, 986 Riomar Drive st Susan Boyd, 8025 21 Street Bob Swift , 5460 Glendale Road (copy of supporting letter on file) The following people addressed the Board and spoke in opposition to eliminating the New Town Concept from the Comp Plan (Item 1) Bruce Barkett , Attorney st Dean Luethje , 1708 21 Street David Risinger , 3013 Calcutta Drive Joseph Paladin, Atlantic Coast Construction Jeff Bass, 1240 Indian Middle Trail Linda Bolton, President of the Indian River Neighborhood Association Thomas Pellam *Attorney , 101 N. Monroe Street, Suite 1090, Tallahassee st Spencer Simmons , 4866 51 Court Anthony Dinadio , 1665 E Rosewood Court Doug Warney , Indian River Citrus League th Greg Burke , 455 28 Court SW Bill Curtis, 3410 Buckinghammock th Kelley Boune, 4010 12 Street SW Richard Vialoski, 940 Oyster Shell Lane Ernie Cox, 777 S. Viper, Palm Beach th Peter Jones, 1924 5 Ave SE th Sean Sexton , 7880 37 Avenue th Lex Kromhout , 4150 11 Place SW May 10, 2005 17 rd Adriene Cuffe, 695 43 Avenue *Thomas Pellam , 101 N. Monroe Street, Suite 1090, Tallahassee,spoke on behalf of concerned citizens and prospective. He pointed out the adoption of a new vision statement does not relieve the County from the responsibility of having to comply with the State Growth Management Laws. These amendments ignore providing for a variety of housing and greater transportation choices; there is no analysis of the impact of these amendments on housing. Red flags will be raised when the Department of Community Affairs (DCA) reviews an amendment package providing for reduced densities whether in or outside of the Urban Service Area. The purpose of providing density buffers is written too broadly; Policy 1.34, Density Quality, is written so broadly and in an undefined manner that a transition area could become as large as Mr. Pellam anyone would want to make it. suggested that all of the policies be designed very carefully to allow the slashing of densities when the time comes. Mr. Pellam continued saying he did not support the proposal to eliminate the new town concept. He said the State encourages the use of this valuable planning technique as a way of preserving more of our agricultural and rural lands. He suggested readjusting the policies and urged the Board to take the time necessary to study this very valuable planning tool before they strip it out of the Comp Plan. Ruth Meyers, 9460 SeagrapeDrive, Resource Development Director, Audubon Society, spoke of economic modeling that has existed over 30 years and has not been provided to the public. She suggested that the term “small town character” in the mission statement is not an appropriate term for Indian River County. It is a semantics issue, she said, not an error. Dian George , Vero Beach, commented that this public hearing has been a filibuster and she wanted the speakers’ times to be monitored. Dr. Richard Baker , President of the Audubon Society, provided and reviewed a handout (copy on file) covering information from the County Land Use Map supplied by the Planning Department. Pete Spyke , 13300 Okeechobee Road, Fort Pierce, Chairman for the Community for Sustainable Treasure Coast (CSTC), asked the Board to defer this item until September after his committee has completed their study. There were no additional speakers and the Chairman closed the public hearing. May 10, 2005 18 MOTION WAS MADE by Vice Chairman Neuberger, SECONDED by Commissioner Bowden for discussion, to remove Attachment #1 and to review it at a later time (pages 223-226 of the backup) and approve Attachments 2-10. Commissioner Wheeler believed the new town/villages concept promotes higher density and increased population and he felt Policies 1.34 and 1.35 should be killed. Discussion continued. The Chairman CALLED THE QUESTION and the motion passed 4-1 (Commissioner Wheeler opposed.) (The Board removed Attachment #1 and approved Attachments 2 through 10 and adopted Resolution 2005-054, approving the transmittal of proposed amendments to the text of the Future Land Use Element of the Indian River County Comprehensive Plan to the State of Florida Department of Community Affairs.) (CLERK’S NOTE: The Chairman called for a recess at 10:30 p.m. and he reconvened the meeting at 10:38 p.m. with all members present.) 9.A.6. RESOLUTION 2005-055 – COUNTY INITIATED REQUEST TO AMEND THE INTRODUCTORY ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD May 10, 2005 19 Community Development Director Bob Keating used a PowerPoint presentation to review this item. He described the process used to determine the population estimates through 2030. The primary change related to the population projection. The P&Z and staff recommended that the Board transmit this element to the Department of Community Affairs (DCA) for State review. Director Keating reviewed the Comp Plan amendment process, advising that this is the first public hearing before the Board of County Commissioners on this amendment request. If the Board approves the transmittal of this application to the Department of Community Affairs (DCA) in Tallahassee for their 60-day review, a second and final public hearing will be scheduled to consider any comments made by the DCA and whether to adopt an ordinance amending the Comp Plan. If the Board denies the transmittal of an application to the DCA, the application process will come to an end. The Chairman opened the public hearing. George Christopher felt the population estimates used by staff are compatible to those figures used by the State. He recognized the population figures are conservative and he felt they should be checking the population growth against other numbers. Discussion ensued regarding other population numbers to include snowbirds and investors buying and selling. There were no additional speakers and the Chairman closed the public hearing. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005-055, approving the transmittal of proposed amendments to the text of the Introductory Element of the Indian River County Comprehensive Plan to the State of Florida Department of Community Affairs. May 10, 2005 20 9.A.7. RESOLUTION 2005-056 – COUNTY INITIATED REQUEST TO AMEND THE TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN – LEVEL OF SERVICE (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD MPO Staff Director Phil Matson used a PowerPoint presentation to review the amendments to the Transportation Element of the Comprehensive Plan. The P&Z Commission took no action with respect to this item and forwarded no recommendation to the Board. Director Keating explained the Land Development Regulations need to be changed to thrd reflect the adoption of LOS F for 27 and 43 Avenues. Public Works Director Jim Davis summarized the results of the study completed on alternative corridors. Community Development Director Robert Keating reviewed the Comp Plan amendment process, advising that this is the first public hearing before the Board of County Commissioners on this amendment request. If the Board approves the transmittal of this application to the Department of Community Affairs (DCA) in Tallahassee for their 60-day review, a second and final public hearing will be scheduled to consider any comments made by the DCA and whether to adopt an ordinance amending the Comp Plan. If the Board denies the transmittal of an application to the DCA, the application process will come to an end. The Chairman opened the public hearing. rd Adriene Cuffe, 695 43 Avenue, posed several questions to staff regarding the Comp Plan amendments to be submitted to the Department of Community Affairs (DCA). She was concerned rd that the DCA might deny changing the LOS on 43 Avenue to F because no other roadways in the County would have the same LOS. Discussion ensued regarding reducing allowed development due to the proposed LOS F on rd 43 Avenue. May 10, 2005 21 Joseph Paladin was convinced that the LOS F is going to come back to us and he rd suggested deferring the change to 43 Avenue for another year. He felt the Board was setting a precedent. Bruce Barkett told the Board they need to make a motion in the best interest of the rd community as a whole; 5-lane 43 Avenue and not maintain a LOS F. Thomas Pellam , 101 N. Monroe Street, Suite 1090, Tallahassee, stated LOS F violates Florida State Road Management Laws. He was astonished to hear anyone from the DCA would recommend LOS F when the DCA has never approved a LOS F. If someone challenges the provision, the law will prevail. State law says you require a standard LOS that is efficient and accessible. If an area is exempt, it must be stated in the Comp Plan. Bruce Carter ,Carter and Associates, did not believe LOS F was the right action to take. Bob Johnson, Coral Wind Subdivision, supported changing the Comp Plan to reflect rd 3-laning 43 Avenue. Adriene Cuffe withdrew her objection upon learning that staff would have the opportunity to address comments made by the DCA. There were no additional speakers and the Chairman closed the public hearing. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005-055, approving the transmittal of proposed amendments to the text of the Transportation Element of the Indian River County Comprehensive Plan to the State of Florida Department of Community Affairs. May 10, 2005 22 9.A.8. RESOLUTION 2005-057 – COUNTY INITIATED REQUEST TO AMEND THE CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating used a PowerPoint presentation to review the text amendments to the Capitol Improvement Element of the Comprehensive Plan. He explained the P&Z Commission recommended Board approval, but included several caveats (Item 1-4, pages 440 and 441 in the backup). Staff did not recommend Board approval changing the overall Transportation Element Level of Service from “D” to “C” and requiring that necessary traffic facilities be scheduled to be in place, or under construction, within two years after issuance of a certificate of occupancy, instead of three years as allowed by the state. Community Development Director Robert Keating reviewed the Comp Plan amendment process, advising that this is the first public hearing before the Board of County Commissioners on this amendment request. If the Board approves the transmittal of this application to the Department of Community Affairs (DCA) in Tallahassee for their 60-day review, a second and final public hearing will be scheduled to consider any comments made by the DCA and whether to adopt an ordinance amending the Comp Plan. If the Board denies the transmittal of an application to the DCA, the application process will come to an end. The Chairman opened the public hearing. Joseph Paladin, Growth Awareness Committee, asked that this item be tabled to avoid having a corrected version. Discussion ensued regarding tabling this item. Attorney Bruce Barkett agreed with Mr. Paladin. May 10, 2005 23 Administrator Baird explained that all of the numbers in the chart are based on a level of Mr. Paladin service (LOS) “D”, then withdrew his objection. There were no additional speakers and the Chairman closed the public hearing. ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously adopted Resolution 2005-057, approving the transmittal of proposed amendments of the text of the Capital Improvements Element of the Indian River County Comprehensive Plan to the State of Florida Department of Community Affairs. 9.B.1. PUBLIC DISCUSSION ITEM – JOSEPH PALADIN/GROWTH AWARENESS COMMITTEE TO SPEAK REGARDING WHEN IMPACT FEES SHOULD BE PAID AND WHEN VESTING SHOULD TAKE PLACE Moved to Item 5.E. 9.C.1. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON MAY 24, 2005 9.C.1 AOEIRC N RDINANCE STABLISHING THE NDIAN IVER OUNTY EZDA(EZDA),P NTERPRISE ONE EVELOPMENT GENCY URSUANT TO S290.0056,FS;P ECTION LORIDA TATUTES ROVIDING FOR ACSA;S PPOINTMENT AND OMPOSITION OF AID GENCY ETTING FTO;PR ORTH THE ERMS OF FFICE ROVIDING FOR EMOVAL FROM O;PO,Q,R FFICE ROVIDING FOR FFICERS UORUM ULES OF P;PC;SF ROCEDURES ROVIDING FOR OMPENSATION ETTING ORTH F,PDA; THE UNCTIONS OWERS AND UTIES OF THE GENCY PAIRC ROVIDING FOR THE DOPTION OF THE NDIAN IVER OUNTY EZSP;PC NTERPRISE ONE TRATEGIC LAN ROVIDING FOR ONFLICT S;PED. AND EVERABILITY ROVIDING FOR AN FFECTIVE ATE May 10, 2005 24 Executive Aide Kim Massung read the notice into the record. 11.C.1. GENERAL SERVICES – TRANSFER OF OWNERSHIP AND MAINTENANCE RESPONSIBILITIES FROM CITY OF VERO TH BEACH – LATERAL “E” CANAL CROSSINGS – 27 STREET TH AND 19 AVENUE - NEW COUNTY ADMINISTRATION COMPLEX ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved the agreement with the City of Vero Beach, as recommended in the memorandum of April 29, 2005. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 11.I.1. ROADWAY IMPROVEMENTS TO EAST CR510 AND NORTH A1A – CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT – KIMLEY-HORN AND ASSOCIATES, INC. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Bowden, the Board unanimously approved Amendment No. 1 to the Engineering/Land Surveying Services Agreement with Kimley-Horn and Associates, Inc., in the amount of $10,768, as recommended in the memorandum of May 2, 2005. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD May 10, 2005 25 11.I.2. INTERLOCAL AGREEMENT/EASEMENT FOR ST STORMWATER MANAGEMENT ON 81 STREET WITH NEW LIBERTY MAGNET SCHOOL, SCHOOL DISTRICT OF INDIAN RIVER COUNTY ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Alternative No. 1 whereby the agreement is approved for the Chairman’s signature, as recommended in the memorandum of May 2, 2005. INTERLOCAL AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 11.I.3. ADDITIONAL DESIGN/TOPOGRAPHIC PROFESSIONAL SURVEY SERVICES – COUNTY ROAD 512, PHASE IV FROM PHASE III ROSELAND ROAD TO EAST OF I-95 – MASTELLER, MOLER & REED, INC. – WORK ORDER NO. 4 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Bowden, the Board approved Work Order No. 4 (Engineering) with Masteller, Moler & Reed, Inc., authorizing the above project as outlined in the scope of services and authorized the Chairman to execute the Work Order on their behalf for a lump sum fee of $39,625.00, as recommended in the memorandum of May 3, 2005. WORK ORDER NO. 4 IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD May 10, 2005 26 11.I.4. RESOLUTION 2005-058 – AUTHORIZING THE EXECUTION OF DISTRICT FOUR LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT – SR-5 (US-1) FROM NORTH OF WABASSO ROAD TO HARRISON STREET IN SEBASTIAN (4 MILES) – FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Bowden, the Board approved Alternative No. 1 adopting Resolution 2005-058 authorizing execution of District Four (4) Landscape Maintenance Memorandum of Agreement (MOA) with respect to US-1 (State Road No. 5) from north of Wabasso Road/CR510 (MP 14.911) to Harrison Street (MP 18.806) FM No. 228615-1. MAINTENANCE MEMORANDUM OF UNDERSTANDING IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 11.J.1. DESIGNING UTILITY RELOCATIONS FOR PROPOSED BRIDGES – WORK AUTHORIZATION DIRECTIVE TO UTILITY LABOR CONTRACTOR FOR LOCATION AND RD DEPTH OF UTILITIES ON 43 AVENUE AND OLD DIXIE TH HIGHWAY AT THE SOUTH RELIEF CANAL AND 5 STREET SW AT LATERAL C – THE DANELLA COMPANIES, INC. (BID 7033 - ENGINEERING) ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the project for a total cost of $5,512.00 and authorized the Chairman to execute Work Authorization 2005-007 to the Labor Contractor, The Danella Companies, Inc., as recommended in the memorandum of April 28, 2005. May 10, 2005 27 WORK AUTHORIZATION DIRECTIVE IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 13.D.1. COMMISSIONER WESLEY S. DAVIS – ADDITIONAL MEMBER – LAND ACQUISITION ADVISORY COMMITTEE (LAAC) ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Bowden, the Board unanimously approved adding a member of the Indian River Historical Society or the Indian River County Historic Resource Advisory Committee to the Land Acquisition Advisory Committee (LAAC), as recommended by Commissioner Davis in the memorandum of May 2, 2005. 14.A. EMERGENCY SERVICES DISTRICT - NONE 14.B. SOLID WASTE DISPOSAL DISTRICT - NONE 14.C. ENVIRONMENTAL CONTROL BOARD - NONE ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 12:20 a.m. May 10, 2005 28 ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman Minutes Approved: _________________ BCC/MIS/2005Minutes May 10, 2005 29