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Home My WebLink About05/17/2005 (2) OF BOARD OF COUNTY COMMISSIONERS INDEX TO MINUTES OF REGULAR MEETING OF MAY 17, 2005 1.CALL TO ORDER........................................................................................ 1 2.INVOCATION ............................................................................................... 1 3.PLEDGE OF ALLEGIANCE...................................................................... 1 4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ............................................................................................................ 2 5.A.PROCLAMATION DESIGNATING MAY, 2005 AS NATIONAL HISTORIC PRESERVATION MONTH ................................................... 2 5.B.PRESENTATION BY COASTAL RESOURCE MANAGER JONATHAN GORHAM-SELECTION OF SECTORS 1 AND 2 BEACH RESTORATION PROJECT FOR NATIONAL TOP RESTORED BEACH AWARD FROM THE AMERICAN SHORE AND BEACH PRESERVATION ASSOCIATION .................................. 2 5.C.PRESENTATION OF DEPARTMENT OVERVIEW BY COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR BOB KEATING ............................................................................................. 3 May 17, 2005 1 THTH 5.DPROCLAMATION – DESIGNATING MAY 29 – JUNE 4, 2005 AS HURRICANE AWARENESS WEEK ........................................ 3 5.E.PROCLAMATION – DESIGNATING MAY 16–22, 2005 AS EMERGENCY MEDICAL SERVICES WEEK ...................................... 4 6.APPROVAL OF MINUTES - APRIL 12, 2005 ......................................... 4 7.CONSENT AGENDA ................................................................................... 4 7.A.-A29,2005M5,2005 .....................................4 APPROVAL OF WARRANTS PRIL TO AY 7.BPRAHLF ROCLAMATION AND ETIREMENT WARD ONORING LOYD ENDLEY ON PWD,RB HIS RETIREMENT FROM UBLIC ORKS EPARTMENT OAD AND RIDGE D .....................................................................................................................5 IVISION 7.C.M--LALAA EMBERATARGE PPOINTMENT TO THE AND CQUISITION DVISORY C(LAAC) ..................................................................................................5 OMMITTEE 7.D.R2005-059-IG ESOLUTION PROVIDING FOR THE SSUANCE OF ENERAL OBNIRC,FO BLIGATION ONDS OR OTES OF NDIAN IVER OUNTY LORIDA IN NE MS.........................................................................................................5 OR ORE ERIES 7.E.R2005-060/074-PA–TR ESOLUTIONS ROPERTY CQUISITION AX OLL RTC .......................................................................6 EMOVALS AND AX ANCELLATIONS 1.R2005-060–GLODEVELOPMENTLLC–/NW ESOLUTION RW ORTH INTER BR(69S)–EA ................................................................6 EACH OAD TH TREET XHIBIT 2.R2005-061–GLODEVELOPMENTLLC–/NW ESOLUTION RW ORTH INTER BR(69S)–EB ................................................................6 EACH OAD TH TREET XHIBIT 3.R2005-062–HB,I.–/8S– ESOLUTION OLIDAY UILDERS NC RW TH TREET SP–EA ......................................................................................7 EDONA ALMS XHIBIT 4.R2005-063–HB,I.–/8S– ESOLUTION OLIDAY UILDERS NC RW TH TREET SP–EB ......................................................................................7 EDONA ALMS XHIBIT 5.R2005-064–SBFG–/82A– ND ESOLUTION TONEY ROOK ARMS ROUP RW VENUE 48S-EA .................................................................................7 THTH TO TREETS XHIBIT May 17, 2005 2 6.R2005-065–FT–/20ASW–I TH ESOLUTION ALCON RACE RW VENUE NDIAN RAII.LLLP–P1 ..................................................................8 IVER SSOCIATES ARCEL 7.R2005-066–FT–/20ASW–I TH ESOLUTION ALCON RACE RW VENUE NDIAN RAII.LLLP–P2 ..................................................................8 IVER SSOCIATES ARCEL 8.R2005-067–FT–/20ASW–I TH ESOLUTION ALCON RACE RW VENUE NDIAN RAII.LLLP–P3 ...................................................................8 IVER SSOCIATES ARCEL 9.R2005-068–FT–/20ASW–I TH ESOLUTION ALCON RACE RW VENUE NDIAN RAII.LLLP–P4 ..................................................................8 IVER SSOCIATES ARCEL 10.R2005-069–FT–/20ASW–I TH ESOLUTION ALCON RACE RW VENUE NDIAN RAII.LLLP–P5 ..................................................................9 IVER SSOCIATES ARCEL 11.R2005-070–FT–/20ASW–I TH ESOLUTION ALCON RACE RW VENUE NDIAN RAII.LLLP–P10 ................................................................9 IVER SSOCIATES ARCEL 12.R2005-071–FT–/20ASW–I TH ESOLUTION ALCON RACE RW VENUE NDIAN RAII.LLLP–P11 ................................................................9 IVER SSOCIATES ARCEL 13.R2005-072–FT–/20ASW–I TH ESOLUTION ALCON RACE RW VENUE NDIAN RAII.LLLP–P12 ................................................................9 IVER SSOCIATES ARCEL 14.R2005-073–FT–/20ASW–I TH ESOLUTION ALCON RACE RW VENUE NDIAN RAII.LLLP–P7 ............................................................... 10 IVER SSOCIATES ARCEL 15.R2005-074–JDCF,I.–/45S(N.G TH ESOLUTION LORIDA NC RW TREET IFFORD R) ....................................................................................................................... 10 OAD 7.F.SRR–BATF HERIFF OY AYMOND UDGET MENDMENT RANSFER OF UNDS BC-FY2004/05 .................................................... 10 ETWEEN ATEGORIES ISCAL EAR 7.G.SHIP(SHIP)F TATE OUSING NITIATIVES ARTNERSHIP UNDS SET ASIDE FOR HH(HFH)CFY2005/06 ................. 11 ABITAT FOR UMANITY LIENTS FOR ISCAL EAR 7.H.69SE66A–R--WA–W THTH TREET AST OF VENUE IGHTOFAY CQUISITION INTER BFAOENWBR–A ...................... 12 EACH ARMS ORTH INTER EACH OAD GREEMENT 7.I.R2005-075-FSU.S.H1-D ESOLUTION OR A EGMENT OF IGHWAY EPARTMENT T(DOT)SUI ................... 12 OF RANSPORTATION UBORDINATION OF TILITY NTEREST 7.J.RFE.A.–FPAS ANDALL LINCHUM T L INAL LAT PPROVAL FOR A UBDIVISION TO BH ........................................................................... 13 BE KNOWN AS ANANA AMMOCK May 17, 2005 3 7.K.B#7032–NCRO(R/O)P–PIII– ID ORTH OUNTY EVERSE SMOSIS ROJECT HASE RAB–UD/W EJECTION OF LL IDS TILITIES EPARTMENTASTEWATER TD ............................................................................................. 13 REATMENT IVISION 7.L.B#7032–TCMV,I.-S ID REASURE OAST ARINE OF ERO NC EAWALL R-FSN.2–SA ........................... 13 EHABILITATION IRE TATION O AMPLE GREEMENT 7.M.TCHSC,I.- REASURE OAST OMELESS ERVICES OUNCIL NC APPLICATION TO HUD2005SNOFA .................................................................... 14 UNDER THE UPER 7.N.R2005-076-AACOI ESOLUTION UTHORIZATION FOR NIMAL ONTROL FFICER GDIVC ................................................... 14 ERALD IXON TO SSUE IOLATION ITATIONS 7.O.CS–BDS:53S RD ONSULTANT ELECTION RIDGE ESIGN ERVICES FOR TREET L“H”C,PN.0107-BRC OVER ATERAL ANAL ROJECT O AND ANGELINE ANAL AT 16S74A,PN.9920-B .......................................... 15 THTH TREET AND VENUE ROJECT O 7.P.IWP–SR6043A– RD NTERSECTION IDENING ROJECT TATE OAD AND VENUE D’A41SCP,LLC...................... 15 ST EVELOPERS GREEMENT TREET OMMERCIAL ARK 7.Q.WPICR510US1 IDENING ROJECT FOR THE NTERSECTION OF OUNTY OAD AND –DAAVB,LLC ......................... 16 EVELOPERS GREEMENT WITH NTILLES ERO EACH 9.A.1.PUBLIC HEARING –IMPACT FEE ORDINANCE 2005-015 – RESOLUTION 2005-077 ESTABLISHING REVIEW AND PROCESSING FEES - CONSIDERATION OF FINAL IMPACT FEE STUDY REPORT - INTERLOCAL AGREEMENTS WITH THE MUNICIPALITIES AND SCHOOL BOARD ............................... 16 9.A.2.PUBLIC HEARING –ORDINANCE 2005-016- MANDALA CLUB, LLC – REZONE APPROXIMATELY 38.88 ACRES FROM RS-3 AND RS-1 TO PD – CONCEPTUAL PD PLAN ............. 21 9.A.3.PUBLIC HEARING – ORDINANCE 2005-017 - CONSIDERATION OF PROPOSED LDR AMENDMENT TO ESTABLISH LDR SECTION 911.22 SPECIAL DEVELOPMENT REGULATIONS FOR “OTHER CORRIDORS” .................................. 23 May 17, 2005 4 9.B.1.PUBLIC DISCUSSION ITEM – KEVIN S. DOTY TO SPEAK REGARDING DENIS SCARPINATO DVM AND PINEWOOD RD ANIMAL HOSPITAL – 43 AVENUE WIDENING PROJECT ....... 24 9.B.2.PUBLIC DISCUSSION ITEM – JOSEPH PALADIN, GROWTH AWARENESS COMMITTEE (GAC) AND KEN GRUDENS, INDIAN RIVER LAND TRUST - PRESENTATION OF CONSERVATION VISION MAP AND FORMATION OF CONSERVATION AWARENESS COMMITTEE (CAC) UNDER GAC............................................................................................................... 25 10.COUNTY ADMINISTRATORS MATTERS – REQUEST FOR EXECUTIVE SESSION “SHADE” MEETING WITH THE BOARD OF COUNTY COMMISSIONERS TO DISCUSS UNION NEGOTIATIONS........................................................................................ 26 11.C.1.GENERAL SERVICES – JAIL EXPANSION PROJECT – ADDITIONAL UNIT - AMENDMENT ................................................... 26 11.I.1.PUBLIC WORKS – INTERSECTION IMPROVEMENTS AT CR 510 AND US HIGHWAY 1 – PROFESSIONAL ENGINEERING SERVICES AGREEMENT (MCMAHON ASSOCIATES, INC.) ....... 28 11.I.2.PUBLIC WORKS – INTERSECTION IMPROVEMENTS AT (1) STTHTH 1 STREET SW AND 27 AVENUE; (2) 5 STREET SW AND THSTRDTH 27 AVENUE; (3) 1 STREET SW AND 43 AVENUE; (4) 12 TH STREET AND 27 AVENUE – CIVIL ENGINEERING, GEOTECHNICAL ENGINEERING, AND LAND SURVEYING SERVICES AGREEMENT (MCMAHON ASSOCIATES, INC.) ....... 29 May 17, 2005 5 11.I.3.PUBLIC WORKS –INTERSECTION IMPROVEMENTS AT SR RDRD 60 AND 43 AVENUE AND WIDENING OF 43 AVENUE TO TH 5 LANES FROM SR 60 TO 26 AVENUE – ENGINEERING SERVICES AGREEMENT (ARCADIS G&M, INC.) ........................... 29 11.J.1UTILITIES – DESIGN AND CONSTRUCTION SERVICES OF TH MASTER PLANNED REGIONAL LIFT STATION AT 8 TH STREET AND THE INTERSECTOIN OF 58 AVENUE – KIMLEY HORN AND ASSOCIATES, INC. - WORK ORDER NO. 7 (UPC 2628) ........................................................................................ 30 11.J.2.UTILITIES – DESIGN AND CONSTRUCTION SERVICES OF A TH 12” DIAMETER MASTER PLANNED FORCE MAIN – 8 TH STREET FROM INDIAN RIVER BOULEVARD TO 58 AVENUE – KIMLEY HORN AND ASSOCIATES INC.- WORK ORDER NO. 8 .............................................................................................. 30 11.J.3.UTILITIES –RESOLUTION 2005- 079 AND 2005-080 - BLOCK ST VILLA SUBDIVISION PETITION WATER – 21 AVENUE AT TH 9 PLACE – PRELIMINARY ASSESSMENT ..................................... 31 13.C.COMMISSIONER SANDRA L. BOWDEN – NIGHT MEETINGS ... 32 13.D.COMMISSIONER WESLEY S. DAVIS, – PROPOSED MOUNTAIN BIKE TRAIL – INDIAN RIVER MOUNTAIN BIKE ASSOCIATION (IRMBA) ......................................................................... 33 14.A.EMERGENCY SERVICES DISTRICT - NONE ................................... 35 May 17, 2005 6 14.B.SOLID WASTE DISPOSAL DISTRICT - NONE .................................. 35 14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 35 May 17, 2005 7 May 17, 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, May 17, 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 Ilea M. Petsel. 1. CALL TO ORDER Chairman Lowther called the meeting to order. 2. INVOCATION Reverend Dawn Lawton, Christ United Methodist by the Sea Church, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Joseph A. Baird led the Pledge of Allegiance to the Flag. May 17, 2005 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Lowther requested the following changes to today’s Agenda: 1 Additional 5.D. Proclamation – Designating May 29 th – June 4 th, 2005 as Item Hurricane Awareness Week 2 Additional 5.E. Proclamation – Designating May 16-22, 2005 as Emergency Item Medical Services Week 3 Additional 9.A.2 Ordinance 2005-016 Backup ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowden, the Board unanimously made the above changes to the Agenda. 5.A. PROCLAMATION DESIGNATING MAY, 2005 AS NATIONAL HISTORIC PRESERVATION MONTH Joel Tyson Commissioner Bowden read and presented the proclamation to , President, Indian River County Historical Society, Inc. 5.B. PRESENTATION BY COASTAL RESOURCE MANAGER JONATHAN GORHAM-SELECTION OF SECTORS 1 AND 2 BEACH RESTORATION PROJECT FOR NATIONAL TOP May 17, 2005 2 RESTORED BEACH AWARD FROM THE AMERICAN SHORE AND BEACH PRESERVATION ASSOCIATION Coastal Resource Manager Jonathan Gorham communicated that each year the American Shore and Beach Preservation Association (ASBPA) selects a few outstanding beach restoration projects for its national Top Restored Beach Award. This year the ASBPA recognized Indian River County’s Sectors 1 and 2 beach restoration project that was constructed in 2003 for their award. The ASBPA will be formally presenting this award to the County at their national meeting in Washington D.C. in March of 2006. 5.C. PRESENTATION OF DEPARTMENT OVERVIEW BY COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR BOB KEATING Community Development Director Bob Keating presented an overview of the Community Development Department. Using a PowerPoint presentation (copy on file) he went over the organizational chart of the Department, recognized the Directors of each section, and summarized the duties and programs of each section. THTH 5.D PROCLAMATION – DESIGNATING MAY 29 – JUNE 4, 2005 AS HURRICANE AWARENESS WEEK Ted Murray Vice Chairman Neuberger read and presented the proclamation to , Team Leader for Project HOPE (Helping Our People in Emergencies). May 17, 2005 3 5.E. PROCLAMATION – DESIGNATING MAY 16–22, 2005 AS EMERGENCY MEDICAL SERVICES WEEK Commissioner Wheeler read and presented the proclamation to Emergency Services Director, John King. 6. APPROVAL OF MINUTES - APRIL 12, 2005 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of April 12, 2005. There were none. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously approved the Minutes of the Regular Meeting of April 12, 2005, as written and distributed. 7. CONSENT AGENDA Items 7.C. and 7.F. were pulled from the consent agenda. 7.A. -A29,2005M5,2005 APPROVAL OF WARRANTS PRIL TO AY ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for April 29, 2005 to May 5, 2005, as requested. May 17, 2005 4 7.B PRAHL ROCLAMATION AND ETIREMENT WARD ONORING LOYD FPWD, ENDLEY ON HIS RETIREMENT FROM UBLIC ORKS EPARTMENT RBD OAD AND RIDGE IVISION The Chairman noted the proclamation for the record. 7.C. M--LALA EMBERATARGE PPOINTMENT TO THE AND CQUISITION AC(LAAC) DVISORY OMMITTEE The Chairman POLLED the Commission. Commissioner Wheeler – Bea Gardener Commissioner Davis – Rick Baker Vice Chairman Neuberger – Rick Baker Commissioner Bowden – Bea Gardener Chairman Lowther – Rick Baker The Board (by a vote of 3-2) appointed Rick Baker to the Land Acquisition Advisory Committee. 7.D. R2005-059-I ESOLUTION PROVIDING FOR THE SSUANCE OF GOBNIRC, ENERAL BLIGATION ONDS OR OTES OF NDIAN IVER OUNTY FOMS LORIDA IN NE OR ORE ERIES May 17, 2005 5 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005-059 providing for the Issuance of General Obligation Bonds or Notes of Indian River County, Florida in one or more series, in an amount not to exceed $50,000,000 Aggregate Principal amount to finance the cost of water, environmentally significant lands, historic sites, agricultural lands, and lands for open spaces and/or wildlife habitat; providing for the payment of the bonds from Ad Valorem Taxes of the County; providing for the Rights, Remedies and Security of the holders of such bonds; making other covenants and agreements in connection therewith; and providing for certain matters with respect thereto and an effective date. 7.E. R2005-060/074-PA–T ESOLUTIONS ROPERTY CQUISITION AX RRTC OLL EMOVALS AND AX ANCELLATIONS 1. R2005-060–GLODEVELOPMENTLLC–/ ESOLUTION RW NWBR(69S)–EA ORTH INTER EACH OAD TH TREET XHIBIT ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005-060 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. 2. R2005-061–GLODEVELOPMENTLLC–/ ESOLUTION RW NWBR(69S)–EB ORTH INTER EACH OAD TH TREET XHIBIT May 17, 2005 6 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005-061 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. 3. R2005-062–HB,I.–/8 ESOLUTION OLIDAY UILDERS NC RW TH S–SP–EA TREET EDONA ALMS XHIBIT ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005-062 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. 4. R2005-063–HB,I.–/8 ESOLUTION OLIDAY UILDERS NC RW TH S–SP–EB TREET EDONA ALMS XHIBIT ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005-063 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. 5. R2005-064–SBFG–/ ESOLUTION TONEY ROOK ARMS ROUP RW 82A–48S-EA NDTHTH VENUE TO TREETS XHIBIT ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005-064 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. May 17, 2005 7 6. R2005-065–FT–/20ASW– TH ESOLUTION ALCON RACE RW VENUE IRAII.LLLP–P1 NDIAN IVER SSOCIATES ARCEL ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005-065 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. 7. R2005-066–FT–/20ASW– TH ESOLUTION ALCON RACE RW VENUE IRAII.LLLP–P2 NDIAN IVER SSOCIATES ARCEL ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005-066 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. 8. R2005-067–FT–/20ASW– TH ESOLUTION ALCON RACE RW VENUE IRAII.LLLP–P3 NDIAN IVER SSOCIATES ARCEL ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005-067 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. 9. R2005-068–FT–/20ASW– TH ESOLUTION ALCON RACE RW VENUE IRAII.LLLP–P4 NDIAN IVER SSOCIATES ARCEL ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted May 17, 2005 8 Resolution 2005-068 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. 10. R2005-069–FT–/20ASW– TH ESOLUTION ALCON RACE RW VENUE IRAII.LLLP–P5 NDIAN IVER SSOCIATES ARCEL ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005-069 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. 11. R2005-070–FT–/20ASW– TH ESOLUTION ALCON RACE RW VENUE IRAII.LLLP–P10 NDIAN IVER SSOCIATES ARCEL ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005-070 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. 12. R2005-071–FT–/20ASW– TH ESOLUTION ALCON RACE RW VENUE IRAII.LLLP–P11 NDIAN IVER SSOCIATES ARCEL ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005-071 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. 13. R2005-072–FT–/20ASW– TH ESOLUTION ALCON RACE RW VENUE IRAII.LLLP–P12 NDIAN IVER SSOCIATES ARCEL May 17, 2005 9 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005-072 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. 14. R2005-073–FT–/20ASW– TH ESOLUTION ALCON RACE RW VENUE IRAII.LLLP–P7 NDIAN IVER SSOCIATES ARCEL ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005-073 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. 15. R2005-074–JDCF,I.–/45S TH ESOLUTION LORIDA NC RW TREET (N.GR) IFFORD OAD ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005-074 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. 7.F. SRR–BAT HERIFF OY AYMOND UDGET MENDMENT RANSFER OF FBC-FY2004/05 UNDS ETWEEN ATEGORIES ISCAL EAR Commissioner Wheeler stated he would like to know the reason, the amount, and from what areas the monies will be moved. Sheriff Roy Raymond stated he was not looking for more money. He explained he wanted the ability to take care of shortfalls, as they occur, in an expedient matter. He concluded May 17, 2005 10 it would not be a problem to give the Commissioners the reason, amount, and from what areas the monies will be moved. ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, (by a 4-1 vote Commissioner Wheeler apposed) the Board amended the Sheriff’s fiscal year 2004-2005 Operating Budget; specifically, allowing the Sheriff to transfer funds between categories as needed to maximize use of the 2004-2005 budgeted funds, as requested in the memorandum of April 22, 2005. Commissioner Wheeler stated the only reason he was not in favor was because of the procedure, not the request. 7.G. SHIP(SHIP)F TATE OUSING NITIATIVES ARTNERSHIP UNDS SET HH(HFH)CFY ASIDE FOR ABITAT FOR UMANITY LIENTS FOR ISCAL EAR 2005/06 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously set aside $812,225 of fiscal year 2005/06 SHIP funds for Habitat for Humanity to be used for down payment/closing cost, and impact fee loan assistance for HFH clients., as recommended in the memorandum of May 9, 2005. May 17, 2005 11 7.H. 69SE66A–R--W THTH TREET AST OF VENUE IGHTOFAY A–WBFAOENWB CQUISITION INTER EACH ARMS ORTH INTER EACH R–A OAD GREEMENT ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved the $37,150.40 purchase and authorized the Chairman to execute the agreement, as recommended in the memorandum of May 2, 2005. AGREEMENT TO PURCHASE AND SELL REAL ESTATE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.I. R2005-075-FSU.S.H1- ESOLUTION OR A EGMENT OF IGHWAY DT(DOT)SU EPARTMENT OF RANSPORTATION UBORDINATION OF TILITY I NTEREST ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005- 075 proposing to construct or improve State Road No. 5 (U.S. 1), Item/Segment No. 2285832, and Section No. 88010-2503, in Indian River County. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved the Subordination of County Utility Interests and May 17, 2005 12 authorized the Chairman to execute same, as recommended in the memorandum of May 9, 2005. SUBORDINATION OF COUNTY UTILITY INTEREST IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.J. RFE.A.–FPA ANDALL LINCHUM T L INAL LAT PPROVAL FOR A SBH UBDIVISION TO BE KNOWN AS ANANA AMMOCK ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously granted final plat approval for Banana Hammock Subdivision, as recommended in the memorandum of May 6, 2005. 7.K. B#7032–NCRO(R/O)P– ID ORTH OUNTY EVERSE SMOSIS ROJECT PIII–RAB–U HASE EJECTION OF LL IDS TILITIES D/WTD EPARTMENTASTEWATER REATMENT IVISION ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously rejected all bids, as recommended in the memorandum of May 6, 2005. 7.L. B#7032–TCMV,I.-S ID REASURE OAST ARINE OF ERO NC EAWALL R-FSN.2–SA EHABILITATION IRE TATION O AMPLE GREEMENT May 17, 2005 13 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously awarded Bid # 7032 to Treasure Coast Marine of Vero, Inc., approved the sample agreement, and authorized the Chairman to execute said agreement when required performance and payment bonds have been submitted along with appropriate certificate of insurance and the County Attorney has approved the agreement as to form and legal sufficiency., as recommended in the memorandum of May 6, 2005. 7.M. TCHSC,I.- REASURE OAST OMELESS ERVICES OUNCIL NC HUD2005SNOFA APPLICATION TO UNDER THE UPER ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously authorized the Chairman to execute the applications, as requested in the memorandum of May 10, 2005. COPY OF APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.N. R2005-076-AAC ESOLUTION UTHORIZATION FOR NIMAL ONTROL OIGDIVC FFICER ERALD IXON TO SSUE IOLATION ITATIONS ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously adopted May 17, 2005 14 Resolution 2005-076 authorizing Animal Control Officer Gerald Dixon to Issue Citations. 7.O. CS–BDS:53 RD ONSULTANT ELECTION RIDGE ESIGN ERVICES FOR SL“H”C,PN.0107-B TREET OVER ATERAL ANAL ROJECT O AND RC16S74A,PN. THTH ANGELINE ANAL AT TREET AND VENUE ROJECT O 9920-B ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously authorized staff to begin contract negotiations with the first ranked firm, as recommended in the memorandum of May 6, 2005. 7.P. IWP–SR6043 RD NTERSECTION IDENING ROJECT TATE OAD AND A–D’A41SCP, ST VENUE EVELOPERS GREEMENT TREET OMMERCIAL ARK LLC ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved st the Developers Agreement with 41 Street Commercial Park, LLC, as recommended in the memorandum of May 6, 2005. DEVELOPERS AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD May 17, 2005 15 7.Q. WPICR IDENING ROJECT FOR THE NTERSECTION OF OUNTY OAD 510US1–DAAV AND EVELOPERS GREEMENT WITH NTILLES ERO B,LLC EACH ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved the Developers Agreement with Antilles Vero Beach, LLC, as recommended in the memorandum of May 17, 2005. DEVELOPERS AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 9.A.1. PUBLIC HEARING –IMPACT FEE ORDINANCE 2005-015 – RESOLUTION 2005-077 ESTABLISHING REVIEW AND PROCESSING FEES - CONSIDERATION OF FINAL IMPACT FEE STUDY REPORT - INTERLOCAL AGREEMENTS WITH THE MUNICIPALITIES AND SCHOOL BOARD PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating stated there have been a few modifications to the Impact Fee Study since the last time it came to the Board. Bob Wallace , Tindale-Oliver & Associates, Inc. (Impact Fee Consultant) used a PowerPoint presentation (copy on file) to go over the changes made to the Technical Analysis of May 17, 2005 16 the Impact Fee Study. He also went over the methodology of his calculations, the previous committees that had input on the Study, and the amount of public hearings the County held regarding the study. Discussion ensued regarding the seasonal population, the increase in the jail fee, and whether there were any allowances for Habitat for Humanity and SHIP (State Housing Initiative Partnership Program). The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. Debb Robinson , Laurel Homes, stated she understood that $300,000.00 homes pay for themselves because of the amount of taxes and because of this, she felt the impact fees were not fair. County Attorney William G. Collins II referred to a legal case in Lee County regarding the effective date of their impact fee ordinance. It was determined the ordinance should have a savings clause which would exempt persons with pre-existing building contracts from paying the new impact fees. Jerry Swanson , 3001 Ocean Drive, was concerned about the County using the impact fees properly and felt the impact fees are discouraging new construction. Mark Seaberg, 151 20th Avenue, stated the impact fees will put an extreme burden on people trying to buy smaller homes. th Tim Zorc, 4415 5 Place SW, agreed that a savings clause in the proposed ordinance would be a good idea. May 17, 2005 17 Edward White , 363 W Keylime Square SW, explained the County does need impact fees but has to recognize the relationship the fees have with low income housing, and stated other places have waived the fees in affordable housing. GeraldineWhite , 363 W Keylime Square SW, felt it is not reasonable for people paying $130,000.00 or $1,000,000.00 for a home having to pay the same amount in impact fees. st Ray Scent , 1615 71 Court, stated impact fees have become necessary because of all of the people moving to Vero. He stated the problem is the way the Impact Fees are set up as a flat fee and are not fair for low-income families. Mr. Scent requested the proposed Ordinance not be passed today. Chuck Mechling , 1999 Pointe West Drive, suggested the Board look at commercial centers with some sort of packaging program. He stated as the County moves ahead it needs to have good planning to be able to have some sections of the County where commercial centers can be placed. Joseph Paladin , Atlantic Coast Construction and President of the Growth Awareness Committee (GAC), believed new construction should pay for itself and the GAC is not against impact fees. th Allen Green , 8030 98 Avenue, is in favor of the impact fees but felt there should be some way to make room for workforce housing. st George Wakinski , 1825 21 Avenue, felt that the County should have a plan to address all issues. May 17, 2005 18 Renee Renzi, Waverly Place, stated the Board should hold another public hearing to get more input. Bill Luke , 2030 Club Drive, referred to a study done by Ralph King (copy on file). Mr. Luke believed there is a strong case for fair and equitable impact fees to cover the huge infrastructure burden and that new construction should pay for itself without the cost being transferred to existing residents. Linda Bolton, 125 Chiefs Trail, felt impact fees are important but there should be a way to discount or eliminate impact fees for affordable housing. th Joel Molinary, 1025 54 Avenue, supports the implementation of the impact fees but explained that everyone should have to pay for impact, not just new development. Bob Johnson , Coral Winds Subdivision, felt new development should pay for itself. Kurt Sorenson , Stuart, of Government Solutions, representing the Treasure Coast Homebuilders Association, felt there is not enough accurate information to approve the impact fee ordinance and the decision should be made after more research has been conducted. th Daniel Delisle , 5825 40 Place, understood that now he will be paying $316,000.00 in impact fees for his new warehouse project if he doesn’t get his contract in by July 1, 2005. The Chairman closed the public hearing. May 17, 2005 19 County Attorney Collins recommended a provision that exempts people with executed binding contracts before the effective date of the proposed ordinance. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously adopted Ordinance 2005-015 (with a provision added to allow people with a valid contract that has been executed prior to July 1, 2005 to be excluded from the new impact fees) adopting Title X, Impact Fees, and amending Code Section 953, Fair Share Roadway Improvements, of the Code of Indian River County to provide for assessing and collecting impact fees. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 2005-077 establishing fees for reviewing impact fee individual assessment applications and for processing impact fee refund applications. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously approved the Impact Fee Study and authorized the chairman to sign the School Board and Municipality impact fee interlocal agreements when signed agreements are returned to the County. May 17, 2005 20 CITY OF SEBASTIAN, CITY OF VERO BEACH, THE TOWN OF ORCHID, CITY OF FELLSMERE, THE TOWN OF INDIAN RIVER SHORES, AND THE SCHOOL BOARD AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. 9.A.2. PUBLIC HEARING –ORDINANCE 2005-016- MANDALA CLUB, LLC – REZONE APPROXIMATELY 38.88 ACRES FROM RS-3 AND RS-1 TO PD – CONCEPTUAL PD PLAN PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling used ELMO to illustrate the location, the proposed buffers, the history, and surrounding areas of the subject site. Commissioner Davis wanted to make the buffers of the west wall (residential) at the same standards as the buffers on the south side wall (street side). The Chairman opened the public hearing. Richard Viallski , 940 Oyster Shell Lane, speaking on behalf of the developer, stated they plan to speak with the developer of the property abutting the west of this project regarding the wall. Ron Caldwell , 112325 Quay Dock Road, stated the owner of the property north of the project would like to have a hedge type buffer. Director Boling clarified that the buffer to the north of the project would be densely planted vegetation. May 17, 2005 21 Bob Johnson, Coral Wind Subdivision, wondered whether, since this project is a Conceptual PD, there is any guarantee that everything will be done. Direct Boling clarified that the ordinance will actually have a picture of the plan attached as an exhibit and if the Developer does not get a land development permit with in 3 years, the current zoning (RS-3 and RS-1) would be placed back on the property. A MOTION was made by Commissioner Bowden, SECONDED by Commissioner Wheeler, to approve staff’s recommendations. Under discussion, Commissioner Davis was concerned that the residents in the Antilles Subdivision (west of the project) would have to look at a wall. He stated if there had to be a wall he would prefer to see it with landscaping and a berm. Director Boling remarked that condition 6 A which would allow an articulated wall on both the south and west perimeters should cover Commissioner Davis’ concern. The Chairman asked if anyone else wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. The Chairman CALLED THE QUESTION and the Board unanimously adopted Ordinance 2005-016 amending the zoning ordinance and the accompanying zoning map from RS-3, single-family residential district (up to 3 units/acre), and RS-1, single-family residential district (up to 1 unit/acre), to PD, Planned Development District, and May 17, 2005 22 approving the Conceptual Plan for approximately 38.88 acres of land generally located on the North side of 63rd Street, East of US Highway 1 and described herein, and providing for an effective date. 9.A.3. PUBLIC HEARING – ORDINANCE 2005-017 - CONSIDERATION OF PROPOSED LDR AMENDMENT TO ESTABLISH LDR SECTION 911.22 SPECIAL DEVELOPMENT REGULATIONS FOR “OTHER CORRIDORS” PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Director Boling explained this is a proposal to expand the special corridors standards that the County already applies to four different areas. He used ELMO to clarify that special corridors are the type of thing you see along SR 60 in terms of some of the architectural, landscaping, special screening, building, sign, and color requirements. The proposal would apply to all commercial property and, in different degrees to industrial and multi-family properties, but would not apply to residential property and individual lots. Director Boling pointed out the new areas that would be covered and compared them to the existing areas. The Chairman opened the public hearing. Bob Johnson, Coral Wind Subdivision, asked if the new Walgreen’s along Oslo rd Road and 43 Avenue would have to follow these standards. Director Boling clarified although staff has been recommending people comply voluntarily, Walgreen’s plan would not apply because the site plan has already been approved. May 17, 2005 23 The Chairman closed the public hearing. ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously adopted Ordinance 2005-017 establishing new LDR Section 911.22, special development regulations for “Other Corridors”. 9.B.1. PUBLIC DISCUSSION ITEM – KEVIN S. DOTY TO SPEAK REGARDING DENIS SCARPINATO DVM AND PINEWOOD RD ANIMAL HOSPITAL – 43 AVENUE WIDENING PROJECT Kevin Doty , 1701 Highway A1A, representing Denis Scarpinato, requested the rd Board move the 43 Avenue widening project forward and direct staff to immediately finalize this project. He stated his client is unable to sell or expand his business until the negotiations for this project are finalized. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously directed staff to move with all haste in making negotiations with Mr. Doty and his client Denis Scarpinato. rd Administrator Baird explained the 43 Avenue widening project has changed in the last year which has caused some confusion but he will get with Mr. Doty and his client, Denis Scarpinato, as soon as possible. May 17, 2005 24 9.B.2. PUBLIC DISCUSSION ITEM – JOSEPH PALADIN, GROWTH AWARENESS COMMITTEE (GAC) AND KEN GRUDENS, INDIAN RIVER LAND TRUST - PRESENTATION OF CONSERVATION VISION MAP AND FORMATION OF CONSERVATION AWARENESS COMMITTEE (CAC) UNDER GAC Joseph Paladin, Chairman of the Growth Awareness Committee and President of Atlantic Coast Development, has received information regarding conserving land outside the Urban Service Area (USA) from David Cox and Ken Grudens. Mr. Paladin felt this is a good issue to pursue. Dr. David Cox, Perriwinkle Drive, hoped the water source, environmentally sensitive land, and agricultural land is protected as land is developed outside of the USA. He explained the Indian River Land Trust has moved forward with the GAC for a plan to develop the tools that will help preserve the quality of life in Indian River County. Ken Grudens , 350 US Highway 1, Executive Director of the Indian River Land Trust, explained the Land Trust has recently hired a consultant and conducted an updated study which resulted in a map entitled “Green Print for the Future”. The GAC is requesting use of the map to explore mechanisms protecting natural resources and formation of the Conservation Awareness Committee. Mr. Paladin explained that the GAC is letting the Board know they have formed the Conservation Awareness Committee so they know it exists and what the committee’s goals are. He stressed that the time to buy and preserve this land is now and if the County waits too much longer it will be gone. May 17, 2005 25 Commissioner Bowden understood this was one of Mr. Paladin’s committees and that it is not covered under the Sunshine Laws. NO ACTION REQUIRED OR TAKEN. 10. COUNTY ADMINISTRATORS MATTERS – REQUEST FOR EXECUTIVE SESSION “SHADE” MEETING WITH THE BOARD OF COUNTY COMMISSIONERS TO DISCUSS UNION NEGOTIATIONS The Board Adjourned at 10:32 a.m. to attend a “shade” meeting which was not open to the Clerk and reconvened at 11:11 a.m. with all members present. 11.C.1. GENERAL SERVICES – JAIL EXPANSION PROJECT – ADDITIONAL UNIT - AMENDMENT Commissioner Wheeler stated he would like to see this item tabled until the Board has an opportunity to take a more in-depth look at it considering it will cost about ten million dollars. He explained there may be other solutions; he read from a study by Allan Colmanof and confirmed that St. Lucie County saved money using that study. MOTION WAS MADE by Commissioner Wheeler to table this item until the County can explore other options. May 17, 2005 26 Commissioner Davis felt the County can continue to look at other options and at the same time move along with the expansion project. Sheriff Roy Raymond commented that when they hired Carter Goble Lee, the consulting firm, the County was not near the current capacity. He stressed that with the growth of the County inmate populations will also grow and the expansion project is something the County needs to move forward on. Commissioner Wheeler’s MOTION DIED for lack of a SECOND. MOTION was made by Vice Chairman Neuberger, SECONDED by Commissioner Davis to accept staff’s recommendation. Bill McMullen Captain explained that the Sheriff’s Department keep inmates in the County Jail based on how they are sentenced. The Sheriff’s Department does not sentence the criminal; that is up to the judicial branch. Chairman Lowther commented the Jail is inferior compared to the jails that are being built now and the longer this is delayed, the higher the price will be. Commissioner Davis referred to the Indian River County Fairgrounds as an example of County property not being used for its original purpose. He felt it looks like poor planning to the community. Sheriff Roy Raymond pointed out that if the Jail should have additional beds not being utilized, the Department will go out and seek additional income through housing out-of- May 17, 2005 27 county prisoners or go back to the federal prisoners to try to utilize any space that would be in excess to of needs so that income can be generated to offset some of the cost. The Chairman CALLED THE QUESTION and the Board (by a vote of 4-1 Commissioner Wheeler apposed) amended the expansion/renovation plan for the Jail to include an additional housing unit, divided in use between ½ for medical/infirmary and ½ for inmate housing and that staff expedite the construction of the housing units in order to free up the space currently being used at the Fairgrounds, as recommended in the memorandum of May 11, 2005 . 11.I.1. PUBLIC WORKS – INTERSECTION IMPROVEMENTS AT CR 510 AND US HIGHWAY 1 – PROFESSIONAL ENGINEERING SERVICES AGREEMENT (MCMAHON ASSOCIATES, INC.) ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously authorized the Chairman to execute the Agreement (Alternate No. 1), as recommended in the memorandum of May 10, 2005. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD May 17, 2005 28 11.I.2. PUBLIC WORKS – INTERSECTION IMPROVEMENTS AT (1) STTHTH 1 STREET SW AND 27 AVENUE; (2) 5 STREET SW AND THSTRD 27 AVENUE; (3) 1 STREET SW AND 43 AVENUE; (4) THTH 12 STREET AND 27 AVENUE – CIVIL ENGINEERING, GEOTECHNICAL ENGINEERING, AND LAND SURVEYING SERVICES AGREEMENT (MCMAHON ASSOCIATES, INC.) ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously authorized the Chairman to execute the Agreement (Alternate No. 1), as recommended in the memorandum of May 10, 2005. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.3. PUBLIC WORKS –INTERSECTION IMPROVEMENTS AT SR RDRD 60 AND 43 AVENUE AND WIDENING OF 43 AVENUE TO TH 5 LANES FROM SR 60 TO 26 AVENUE – ENGINEERING SERVICES AGREEMENT (ARCADIS G&M, INC.) ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously authorized the Chairman to execute the Agreement (Alternate No. 1), as recommended in the memorandum of May 9, 2005. May 17, 2005 29 AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.1 UTILITIES – DESIGN AND CONSTRUCTION SERVICES OF TH MASTER PLANNED REGIONAL LIFT STATION AT 8 TH STREET AND THE INTERSECTOIN OF 58 AVENUE – KIMLEY HORN AND ASSOCIATES, INC. - WORK ORDER NO. 7 (UPC 2628) ON MOTION by Commissioner Bowden, SECONDED by Vice Chairman Neuberger, the Board unanimously authorized design, permitting, and bidding of the collection system improvement project, approved Work Order No. 7 with Kimley Horn and Associates, Inc. in the amount of $78,800.00 to design and manage construction of said facility, and authorized the Chairman to execute the Work Order, as recommended in the memorandum of April 28, 2005. WORK ORDER NO. 7 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.2. UTILITIES – DESIGN AND CONSTRUCTION SERVICES OF TH A 12” DIAMETER MASTER PLANNED FORCE MAIN – 8 TH STREET FROM INDIAN RIVER BOULEVARD TO 58 May 17, 2005 30 AVENUE – KIMLEY HORN AND ASSOCIATES INC.- WORK ORDER NO. 8 ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously authorized design, permitting, and bidding of the collection system improvement project, approved Work Order No. 8 with Kimley Horn and Associates, Inc. in the amount of $132,400.00 to design and manage construction of said facility, and authorized the Chairman to execute same, as recommended in the memorandum of May 3, 2005. WORK ORDER NO. 8 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.3. UTILITIES –RESOLUTION 2005- 079 AND 2005-080 - BLOCK ST VILLA SUBDIVISION PETITION WATER – 21 AVENUE AT TH 9 PLACE – PRELIMINARY ASSESSMENT ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005- 079 providing for Water Main stth Expansion to Block Villa Subdivision (21 Avenue at 9 Place) in Indian River County, Florida; providing the Total Estimated Cost, Method of Payment of May 17, 2005 31 Assessments, Number of Annual Installments, and Description of the Area to be Served (Resolution I). ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005- 080 setting a time and place at which the owners of properties, located in Block Villa Subdivision stth (21 Avenue at 9 Place) in Indian River County, Florida, and other interested persons, may appear before the Board of County Commissioners of Indian River County and be heard as to the propriety and advisability of construction the water main extension, 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 (Resolution II). 13.C. COMMISSIONER SANDRA L. BOWDEN – NIGHT MEETINGS Commissioner Bowden pointed out that meetings are longer than they used to be and proposed that, during the summer months, night meetings be reverted to day meetings. She explained that the School Board meets at the same time, there is an MPO meeting the next morning, and staff has no relief because they have Planning and Zoning meetings Thursday nights. May 17, 2005 32 Chairman Lowther clarified one of the reasons behind the evening meetings was because it was the only time that the County could have it live. ON MOTION by Commissioner Bowden, SECONDED by Vice Chairman Neuberger, (by a vote of 2-3 Chairman Lowther and Commissioners Wheeler and Davis apposed) the motion to eliminate night meetings during the summer months FAILED. 13.D. COMMISSIONER WESLEY S. DAVIS, – PROPOSED MOUNTAIN BIKE TRAIL – INDIAN RIVER MOUNTAIN BIKE ASSOCIATION (IRMBA) Commissioner Davis stated the Indian River Mountain Biking Association is looking for a place to put a mountain bike trail. He explained some issues that need to be taken care of at the site they have selected including: tower lease issues, the property use as a staging area for debris collection after the hurricanes (the County may need to use that site again for staging debris if there is another hurricane). Commissioner Davis illustrated the location of the property using ELMO and described the surrounding areas. Commissioner Davis requested a consensus from the Board to have staff work out an agreement with the Mountain Bike Association regarding the proposed site. County Administrator Baird explained that staff has concerns about being able to utilize the site at a later date. Christopher Kiesel, Vice President of the IRMBA, explained the property was selected because the County is unable to use it because it was a former landfill. Mr. Kiesel read a May 17, 2005 33 list of pros on how the bike trail will affect the County in a positive matter and at no extra cost to the County. Commissioner Davis wanted Administrator Baird, under an Emergency Order to be able to null and void the lease instantly until the Administrator advises they could again use the site. Discussion ensued. MOTION WAS MADE by Commissioner Davis, SECONDED by Chairman Lowther, to direct staff to craft a workable agreement with the IRMBA to utilize the subject facility. Under discussion, Commissioner Wheeler would prefer the IRMBA work with Administrator Baird and come up with a list of pros and cons so the Board can decide whether or not to move forward with the project. The Chairman CALLED THE QUESTION and the motion CARRIED by a 3-2 vote(Commissioners Bowden and Wheeler apposed). The Board directed staff to craft a workable agreement with the IRMBA to utilize the subject facility. ADDITIONAL DOCUMENT FOR THE RECORD – CONTRACT WITH APPLIED TECHNOLOGY & MANAGEMENT, INC. - AMENDMENT 12 – BEACH PRESERVATION PLAN – ENGINEERING DESIGN & PERMITTING (COUNTY ADMINISTRATOR AUTHORIZED TO SIGN AS OF JANUARY 4, 2005) May 17, 2005 34 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 2:35 p.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman Minutes Approved: _________________ ip May 17, 2005 35