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Home My WebLink About05/3/2005 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF MAY 3, 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 THE MONTH OF MAY AS CIVILITY MONTH ...................................................................................... 2 5.B.PROCLAMATION – DESIGNATING THE WEEK OF MAY 2-6, 2005 AS LAW WEEK ................................................................................... 3 5.C.PRESENTATION BY LEISURE SERVICES (SANDRIDGE GOLF CLUB) ................................................................................................ 3 6.APPROVAL OF MINUTES – MARCH 15, 2005 ..................................... 3 6.B.APPROVAL OF MINUTES – MARCH 29, 2005 ..................................... 4 May 3, 2005 1 7.CONSENT AGENDA ................................................................................... 4 7.A.R–BFSPFY2003-04 .........................4 EPORT RIGHT UTURES CHOLARSHIP ROGRAM 7.B.R–C-M2005 .....................................................................4 EPORT ONVICTIONS ARCH 7.C.APPROVAL OF WARRANTS – LIST ISSUED APRIL 8-14, 2005 ...... 5 7.D.AW–LIA15-21,2005 ....................................5 PPROVAL OF ARRANTS IST SSUED PRIL 7.E.CCJK.B–QIR– LERK OF OURT EFFREY ARTON UARTERLY NVESTMENT EPORT J1,2005M31,2005 ............................................................5 ANUARY THROUGH ARCH 7.F.2005EMPO(MPO) LECTION OF ETROPOLITAN LANNING RGANIZATION CGWVCWD ..........................6 HAIRMAN ARY HEELER AND ICE HAIRMAN ESLEY AVIS 7.G.2005EESDAC LECTION OF MERGENCY ERVICES ISTRICT DVISORY OMMITTEE (ESDAC)CCFVCCJ HAIRMAN RAIG LETCHER AND ICE HAIRMAN OLEEN EEVES 6 7.H.RFHLAA ESIGNATION OF RANK OOVER FROM THE AND CQUISITION DVISORY C(LAAC) ..................................................................................................6 OMMITTEE 7.I.2005ELAAC(LAAC) LECTION OF AND CQUISITION DVISORY OMMITTEE CJBVCTR.......................6 HAIRMAN ANICE RODA AND ICE HAIRMAN ALMAGE OGERS 7.J.2005ETDLC LECTION OF RANSPORTATION ISADVANTAGED OCAL OORDINATING B(TDLCB)VCRT ...............................................7 OARD ICE HAIRMAN ONALD ESNOW 7.K.AGR.KPS PPOINTMENT OF EORGE ULCZYCKI TO THE ROFESSIONAL ERVICES AC(PSAC) .................................................................................7 DVISORY OMMITTEE 7.L.AWPD–CCR BINGTON OODS ONTRACT FOR ONSTRUCTION OF EQUIRED SICDEA– IDEWALK MPROVEMENTS AND ASH EPOSIT AND SCROW GREEMENT AW,LLC ............................................................................................7 BINGTON OODS 7.M.RN.2005-046–SDM ESOLUTION O UPPORTING THE REDGING AND AINTENANCE CNCCI TO OMPLETE THE AVIGATION HANNEL ONNECTING THE NTRACOASTAL WSIAO–S ATERWAY TO THE EBASTIAN NLET AND THE TLANTIC CEAN EBASTIAN ITD .............................................................................................8 NLET AXING ISTRICT 7.N.HFUSA–SC–EW .........................8 EALTHAIR ERVICE ONTRACT MPLOYEE ELLNESS 7.O.P,LLC-FPASK INEAPPLE INAL LAT PPROVAL FOR A UBDIVISION NOWN AS PC(JPC) ............................................9 INEAPPLE AY FKA OHN ERRONE ONDOMINIUM May 3, 2005 2 7.P.FEMAAUML ......................................................9 GREEMENT FOR SE OF AIN IBRARY 7.Q.BN.6079–SFSCRO ID O ECURITY ENCING FOR OUTH OUNTY EVERSE SMOSIS P–NF,IN.M,F–PR LANT ATIONAL ENCE C OF ELBOURNE LORIDA AY EQUEST N.2-RRFP–UCP2620 .........................9 O ELEASE OF ETAINAGE AND INAL AYMENT 7.R.PHFJEDR OST URRICANES RANCES AND EANNE MERGENCY UNE ESTORATION P–FS,LLC–PRR ROJECT ISCHER AND ONS ARTIAL ELEASE OF ETAINAGE (FDEPCN.H5IR1–FEMAD1561-DR-FL) ................ 10 ONTRACT O ECLARATION 7.S.TCHSC,I.–H REASURE OAST OMELESS ERVICES OUNCIL NC OMELESS MIS(HMIS)GR– ANAGEMENT NFORMATION YSTEM RANT ENEWAL TAU.S.DHU ECHNICAL PPLICATION EPARTMENT OF OUSING AND RBAN D(HUD)FL29B409002 .................................................................. 11 EVELOPMENT 7.T.TCHSC,I.–HF REASURE OAST OMELESS ERVICES OUNCIL NC OMELESS AMILY CSGR–TAU.S. ENTER TAFFING RANT ENEWAL ECHNICAL PPLICATION DHUD(HUD)FL29B409003 EPARTMENT OF OUSING AND RBAN EVELOPMENT 11 7.U.RN.2005-047–MBA010.......... 12 ESOLUTION O ISCELLANEOUS UDGET MENDMENT 8.A.CLERK OF CIRCUIT COURT JEFFREY K. BARTON – AUDITOR SELECTION COMMITTEE APPOINTMENT FROM BOARD OF COUNTY COMMISSIONERS – (VICE CHAIRMAN NEUBERGER) ............................................................................................ 12 8.B.SHERIFF ROY RAYMOND – JAIL OVERCROWDING AND PROPOSALS FOR TEMPORARY HOUSING UNTIL NEW JAIL EXPANSION IS COMPLETED ............................................................... 12 9.A.1.PUBLIC HEARING – RESOLUTION NO. 2005-048 – ORANGE HEIGHTS AND GALLENTINE SUBDIVISIONS WATER SERVICE – PROJECT NO. UCP-2563 – RESOLUTION III .............. 15 May 3, 2005 3 9.A.2.PUBLIC HEARING – RESOLUTION NO. 2005-049 – GROVENOR ESTATES SUBDIVISION PAVING AND STTH DRAINAGE IMPROVEMENTS – 31 AVENUE SW FROM 13 THND STREET SW TO 10 STREET SW, 32 AVENUE SW FROM THTH 13 STREET SW TO 11 STREET SW AND INCLUDING THE THTH INTERSECTING STREETS (11 STREET SW AND 12 STREET SW) – PROJECT NO. 0420 – RESOLUTION III ................. 16 9.A.3.PUBLIC HEARING – EIGHT SEVENTY FOUR, LLC – SPECIAL EXCEPTION USE APPROVAL FOR AN AGRICULTURAL PD TO BE KNOWN AS THE 874 PD ............................................................ 17 9.A.4.PUBLIC HEARING – CONSIDERATION OF FINAL IMPACT FEE STUDY REPORT, IMPACT FEE ORDINANCE, INTERLOCAL AGREEMENTS WITH THE MUNICIPALITIES AND SCHOOL BOARD, AND RESOLUTION ESTABLISHING REVIEW AND PROCESSING FEES. ..................................................... 19 9.B.1.PUBLIC DISCUSSION ITEM – JOSEPH PALADIN/GROWTH AWARENESS COMMITTEE - WHEN IMPACT FEES SHOULD BE PAID AND VESTING SHOULD TAKE PLACE ............................ 22 9.B.2.PUBLIC DISCUSSION ITEM – RICHARD D. ELLIOTT - ND APPEAL OF DECISION TO OPEN 22 STREET FROM EXECUTIVE MANOR INTO THE NEW ROYAL OAKS SUBDIVISION ............................................................................................. 22 9.B.3.SUPPORT OF INDIAN RIVER LAND TRUST’S FLORIDA COMMUNITIES TRUST APPLICATION FOR “INDIAN RIVER LAGOON CONSERVATION AREA” .................................................... 24 May 3, 2005 4 9.C.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON MAY 10, 2005 ................................................................... 24 9.C.1.CI:RROS OUNTY NITIATED EQUEST TO AMEND THE ECREATION AND PEN PACE E,SWS-E,E LEMENT THE OLID ASTE UBLEMENT AND THE CONOMIC DECP-L............ 24 EVELOPMENT LEMENT OF THE OMPREHENSIVE LAN EGISLATIVE 9.C.2.CI:RCE OUNTY NITIATED EQUEST TO AMEND THE ONSERVATION LEMENT AND CMECP- THE OASTAL ANAGEMENT LEMENT OF THE OMPREHENSIVE LAN L ............................................................................................................ 25 EGISLATIVE 9.C.3.CI:RTE OUNTY NITIATED EQUEST TO AMEND THE RANSPORTATION LEMENT OF CP-L ........................................................... 25 THE OMPREHENSIVE LAN EGISLATIVE 9.C.4.CI:RCI OUNTY NITIATED EQUEST TO AMEND THE APITAL MPROVEMENTS ECP-L ..................................... 25 LEMENT OF THE OMPREHENSIVE LAN EGISLATIVE 9.C.5.CI:RFLUE OUNTY NITIATED EQUEST TO AMEND THE UTURE AND SE LEMENT CP-L ...................................................... 25 OF THE OMPREHENSIVE LAN EGISLATIVE 9.C.6.CI:RIE OUNTY NITIATED EQUEST TO AMEND THE NTRODUCTORY LEMENT OF CP-L ........................................................... 25 THE OMPREHENSIVE LAN EGISLATIVE 9.C.7.CI:RFLUE OUNTY NITIATED EQUEST TO AMEND THE UTURE AND SE LEMENT CP-L ...................................................... 25 OF THE OMPREHENSIVE LAN EGISLATIVE 9.C.8.HSIR,I.:RF EALTH YSTEMS OF NDIAN IVER NC EQUEST TO AMEND THE UTURE LUMCP-L ............................ 25 AND SE AP OF THE OMPREHENSIVE LAN EGISLATIVE 9.C.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON MAY 17, 2005 ................................................................... 26 9.C.9.CFIFSRP ONSIDERATION OF INAL MPACT EE TUDY EPORT AND ROPOSED IFO–L ............................................................... 26 MPACT EE RDINANCE EGISLATIVE 9.C.10.CPLDRAELDR ONSIDERATION OF ROPOSED MENDMENT TO STABLISH S911.22,SDR“O ECTION PECIAL EVELOPMENT EGULATIONS FOR THER C”–L ................................................................................... 26 ORRIDORS EGISLATIVE 9.C.11.MCPD:RE38.88 ANDALA LUB QUEST TO REZONE APPROXIMATELY ACRES RS-3RS-1PDPD FROM AND TO AND TO APPROVE THE CONCEPTUAL PLAN FOR “MC”.MC,LLC,O.K,MG ANDALA LUB ANDALA LUB WNER NIGHT CUIRE AND May 3, 2005 5 RD A,I.,A.L63S, SSOCIATES NC GENT OCATED ON THE NORTH SIDE OF TREET USH1.ZC:RS-3,R EAST OF IGHWAY ONING LASSIFICATION ESIDENTIAL S-F(3/)RS-1,RS-F INGLEAMILY UP TO UNITSACRE AND ESIDNTIAL INGLEAMILY (1/).LUD:L-1,LD UP TO UNITACRE AND SE ESIGNATION OW ENSITY R(3).D:2.33. ESIDENTIAL UP TO UNITS PER ACRE ENSITY UNITS PER ACRE (2003010102-35011/PD-03-08-18).L ................................................ 26 EGISLATIVE 9.C.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON MAY 24, 2005 ................................................................... 26 9.C.12.CISSLUA:R OUNTY NITIATED MALL CALE AND SE MENDMENT EQUEST TO R2.61C/IC-1,R2.61 EDESIGNATE ACRES FROM TO AND EZONE THOSE ACRES CGCON-1;R6.69L-2C-1, FROM TO AND TO EDESIGNATE ACRES FROM TO AND R6.69RM-6RS-6CON-1-L...... 27 EZONE THOSE ACRES FROM AND TO EGISLATIVE 11.I.1.PUBLIC WORKS – FLORIDA EAST COAST RAILWAY UTILITY CROSSING ANNUAL LICENSE FEES (REVISED) ......... 27 11.I.2.PUBLIC WORKS – ROSELAND ROAD SIDEWALK, OLD WINTER BEACH SIDEWALK AND CR 512 SIDEWALK – LOCAL AGENCY PROGRAM (LAP) REVISED AGREEMENT ..... 28 11.J.1.UTILITIES SERVICES – SOUTH REGIONAL WASTEWATER TREATMENT FACILITY – CAMP DRESSER & MCKEE, INC. (CDM) - PLANT RE-RATING AND FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTON (FDEP) PERMIT RENEWAL – WORK ORDER #3 ............................................................ 28 11.J.2.UTILITIES SERVICES – ELEVATED WATER TANK SPACE – LICENSE AGREEMENTS WITH METRO PCS CALIFORNIA/FLORIDA, INC. FOR PLACING CELLULAR May 3, 2005 6 EQUIPMENT AND OCCUPYING SPACE AT THE KINGS HIGHWAY AND GIFFORD ELEVATED WATER TANK SITES ... 29 11.J.3.UTILITIES SERVICES – HARDEES ADDITION TO SEBASTIAN 8-INCH WATER MAIN EXTENSION – WILLIAM E. WELSH - APPROVAL OF DEVELOPER’S AGREEMENT – HIGH STREET FROM CR 512 TO TAFT STREET ............................ 29 11.J.4.UTILITIES SERVICES – COUNTYWIDE WATER SERVICE INSTALLATION PROJECT – THE DANELLA COMPANY, INC. – WORK AUTHORIZATION DIRECTIVE NO. 2005-003 ................. 30 11.J.5.UTILITIES SERVICES – GRAND HARBOR MOSQUITO IMPOUNDMENT SITE –ECOTECH CONSULTANTS, INC. –GRANT OF RESTORATION, ACCESS AND RECREATION EASEMENT (BRINE CONSENTRATE DISPOSAL)– FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) AND ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (SJRWMD) – ENVIRONMENTAL LEARNING CENTER - UCP 2208................................................................................................................ 31 13.C.COMMISSIONER SANDRA L. BOWDEN – FIRE AND EMERGENCY MEDICAL SERVICES CONSOLIDATION FEASIBILITY STUDY .............................................................................. 31 14.A.EMERGENCY SERVICES DISTRICT - NONE ................................... 32 14.B.SOLID WASTE DISPOSAL DISTRICT - NONE .................................. 32 May 3, 2005 7 14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 32 14.C.1.AM-RMF1,2005 ................ 33 PPROVAL OF INUTES EGULAR EETING OF EBRUARY 14.C.2.QRBCC– UARTERLY EPORT FOR OARD OF OUNTY OMMISSIONERS J-M2005 ............................................................................................ 33 ANUARYARCH May 3, 2005 8 May 3, 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 3, 2005, at 9:00 a.m. Present were Chairman Thomas S. Lowther, Vice Chairman Arthur R. Neuberger, and Commissioners Sandra L. Bowden, Wesley S. 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 Patricia Ridgely. 1. CALL TO ORDER The Chairman called the meeting to order. 2. INVOCATION Pastor Ray Scent, Gathering of Devoted Servants, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Wheeler led the Pledge of Allegiance to the Flag. May 3, 2005 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS The Chairman requested the following changes to today’s Agenda: 1.Addition 8.B. – Sheriff Roy Raymond – Jail Overcrowding and Alternatives for Temporary Housing of Inmates 2.Addition 9.B.3. – Request by the Indian River Land Trust for Support for Backup Management of the Indian River Lagoon Conservation Area 3.Deletion 8A. – Audit Selection Committee Appointment th 4.Deferral 9.B.1. to May 10 – Request to Speak from Joseph Paladin/Growth Awareness Committee regarding when we feel Impact Fees should be paid and vesting should take place 5.Additional Backup 9.A.2. – Letter from Thorpe dated April 23, 2005 6.Backup 13.C. – Commissioner Bowden – Feasibility Study and Draft of Proposed Fire and EMS Union Contracts ON MOTION by Commissioner Bowden, SECONDED by Commissioner Neuberger, the Board unanimously made the above changes to the Agenda. 5.A. PROCLAMATION – DESIGNATING THE MONTH OF MAY AS CIVILITY MONTH Commissioner Bowden read the proclamation and presented it to County Attorney Will Collins who accepted on behalf of the City, County, and Government Sections of the Florida Bar Association. May 3, 2005 2 5.B. PROCLAMATION – DESIGNATING THE WEEK OF MAY 2-6, 2005 AS LAW WEEK Chairman Lowther read the proclamation and presented it to Pete Sweeney, accompanied by Paige Colton, who accepted on behalf of the local Bar members and their roles in community service. 5.C. PRESENTATION BY LEISURE SERVICES (SANDRIDGE GOLF CLUB) Bob Komarinetz, Director of Sandridge Golf Club, and Golf Operator Bela Nagy gave a PowerPoint presentation advising of the facility, amenities, events, and future events. They work at bringing young people into the sport through activities. Many of the regular golfers did not come down this year. It has been a challenging year because of lack of customers due to the impact of the hurricanes. About 80% of the hurricane cleanup has been completed. Chairman Lowther credited these employees for doing a tremendous job. 6. APPROVAL OF MINUTES – MARCH 15, 2005 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of March 15, 2005. There were none. ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved the Minutes of the Regular Meeting of March 15, 2005, as written and distributed. May 3, 2005 3 6.B. APPROVAL OF MINUTES – MARCH 29, 2005 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of March 29, 2005. There were none. ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved the Minutes of the Regular Meeting of March 29, 2005, as written and distributed. 7. CONSENT AGENDA Chairman Lowther requested that Item 7.E. be separated from the Consent Agenda. 7.A. R–BFSPFY2003-04 EPORT RIGHT UTURES CHOLARSHIP ROGRAM Report is on File in the Office of the Clerk to the Board: Auditor General – Report No. 2005-170, an Operational Audit of the Florida Bright Futures Scholarship Program for FY ended June 30, 2004 7.B. R–C-M2005 EPORT ONVICTIONS ARCH Report is on File in the Office of the Clerk to the Board: Report of Convictions for the Month of March 2005 May 3, 2005 4 7.C. APPROVAL OF WARRANTS – LIST ISSUED APRIL 8-14, 2005 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for the period of April 8-14, 2005, as requested. 7.D. AW–LIA15-21,2005 PPROVAL OF ARRANTS IST SSUED PRIL ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for the period of April 15-21, 2005, as requested. 7.E. CCJK.B–QI LERK OF OURT EFFREY ARTON UARTERLY NVESTMENT R–J1,2005M31,2005 EPORT ANUARY THROUGH ARCH Chairman Lowther questioned how monies are utilized, and Budget Director Jason Brown specified that the majority of the cash on hand is restricted to various purposes. He noted that this is the high point of the year for our funds. ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously accepted the Investment Advisory Committee’s Quarterly Report, as recommended in the memorandum of March 22, 2005. May 3, 2005 5 7.F. 2005EMPO LECTION OF ETROPOLITAN LANNING RGANIZATION (MPO)CGWVCW HAIRMAN ARY HEELER AND ICE HAIRMAN ESLEY D AVIS No action required or taken. 7.G. 2005EESDA LECTION OF MERGENCY ERVICES ISTRICT DVISORY C(ESDAC)CCFV OMMITTEE HAIRMAN RAIG LETCHER AND ICE CCJ HAIRMAN OLEEN EEVES No action required or taken. 7.H. RFHLA ESIGNATION OF RANK OOVER FROM THE AND CQUISITION AC(LAAC) DVISORY OMMITTEE No action required or taken. 7.I. 2005ELAAC LECTION OF AND CQUISITION DVISORY OMMITTEE (LAAC)CJBVCT HAIRMAN ANICE RODA AND ICE HAIRMAN ALMAGE R OGERS No action required or taken. May 3, 2005 6 7.J. 2005ETDL LECTION OF RANSPORTATION ISADVANTAGED OCAL CB(TDLCB)VCR OORDINATING OARD ICE HAIRMAN ONALD T ESNOW No action required or taken. 7.K. AGR.KP PPOINTMENT OF EORGE ULCZYCKI TO THE ROFESSIONAL SAC(PSAC) ERVICES DVISORY OMMITTEE ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously appointed Mr. Kulczycki to the PSAC, as recommended in the memorandum of April 27, 2005. 7.L. AWPD–CC BINGTON OODS ONTRACT FOR ONSTRUCTION OF RSICD EQUIRED IDEWALK MPROVEMENTS AND ASH EPOSIT AND EA–AW,LLC SCROW GREEMENT BINGTON OODS ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously authorized the Chairman to execute the Contract for Construction of Required Sidewalk Improvements No. PD-02-11-15-SIDE (2002080054-36702) and Cash Deposit and Escrow Agreement, as recommended in the memorandum of April 22, 2005. May 3, 2005 7 COPIES OF AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.M. RN.2005-046–SD ESOLUTION O UPPORTING THE REDGING AND MCNC AINTENANCE TO OMPLETE THE AVIGATION HANNEL CIWS ONNECTING THE NTRACOASTAL ATERWAY TO THE EBASTIAN IAO–SIT NLET AND THE TLANTIC CEAN EBASTIAN NLET AXING D ISTRICT ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution No. 2005-046 to support the dredging and maintenance to complete the navigation channel connecting the Intracoastal Waterway to the Sebastian Inlet and the Atlantic Ocean. 7.N. HFUSA–SC–EW EALTHAIR ERVICE ONTRACT MPLOYEE ELLNESS ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously authorized the Chairman to execute the Service Contract with HealthFair USA, as recommended in the memorandum of April 27, 2005. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD May 3, 2005 8 7.O. P,LLC-FPAS INEAPPLE INAL LAT PPROVAL FOR A UBDIVISION KPC(JPC) NOWN AS INEAPPLE AY FKA OHN ERRONE ONDOMINIUM ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously granted final plat approval for Pineapple Cay, as recommended in the memorandum of April 26, 2005. 7.P. FEMAAUML GREEMENT FOR SE OF AIN IBRARY ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously approved the letter for extending the use of Disaster Recovery Center #17 (Main Library) and authorized the County Administrator to sign the Letter on behalf of the County, as recommended in the memorandum of April 26, 2005. LETTER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.Q. BN.6079–SFSCR ID O ECURITY ENCING FOR OUTH OUNTY EVERSE OP–NF,IN.M, SMOSIS LANT ATIONAL ENCE C OF ELBOURNE F–PRN.2-RR LORIDA AY EQUEST O ELEASE OF ETAINAGE AND FP–UCP2620 INAL AYMENT May 3, 2005 9 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously approved the Application for Pay Request No. 2 – Release of Retainage and Final Payment to Nations Fence, in the amount of $16,066.10, as recommended in the memorandum of April 18, 2005. DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 7.R. PHFJED OST URRICANES RANCES AND EANNE MERGENCY UNE RP–FS,LLC–P ESTORATION ROJECT ISCHER AND ONS ARTIAL RR(FDEPCN.H5IR1–FEMA ELEASE OF ETAINAGE ONTRACT O D1561-DR-FL) ECLARATION ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously approved the final payment and application for release of the retainage in the amount of $235,174.49, as recommended in the memorandum of April 12, 2005. (FEMA & FDEP pay 90%; County pays 10% of project costs.) DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED May 3, 2005 10 7.S. TCHSC,I.– REASURE OAST OMELESS ERVICES OUNCIL NC HMIS(HMIS)G OMELESS ANAGEMENT NFORMATION YSTEM RANT R–TAU.S.D ENEWAL ECHNICAL PPLICATION EPARTMENT OF HUD(HUD)FL29B409002 OUSING AND RBAN EVELOPMENT ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously authorized Chairman Lowther to sign the Technical Application transmitted by the U.S. Department of Housing and Urban Development, as requested in the memorandum of April 20, 2005. COPIES OF DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.T. TCHSC,I.– REASURE OAST OMELESS ERVICES OUNCIL NC HFCSGR– OMELESS AMILY ENTER TAFFING RANT ENEWAL TAU.S.DH ECHNICAL PPLICATION EPARTMENT OF OUSING AND UD(HUD)FL29B409003 RBAN EVELOPMENT ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously authorized Chairman Lowther to sign the Technical Application transmitted by the U.S. Department of Housing and Urban Development, as requested in the memorandum of April 20, 2005. May 3, 2005 11 COPIES OF DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.U. RN.2005-047–MB ESOLUTION O ISCELLANEOUS UDGET A010 MENDMENT ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution No. 2005-047 amending the Fiscal Year 2004-2005 budget. 8.A. CLERK OF CIRCUIT COURT JEFFREY K. BARTON – AUDITOR SELECTION COMMITTEE APPOINTMENT FROM BOARD OF COUNTY COMMISSIONERS – (VICE CHAIRMAN NEUBERGER) This item was deleted; the action had been taken November 16, 2004; Vice Chairman Neuberger was appointed to this committee. 8.B. SHERIFF ROY RAYMOND – JAIL OVERCROWDING AND PROPOSALS FOR TEMPORARY HOUSING UNTIL NEW JAIL EXPANSION IS COMPLETED Sheriff Roy Raymond advised of the extreme and serious overcrowding in the jail. They are over capacity and last week had to put a few prisoners in their library. He noted that all of the Federal prisoners were moved out last June. They must find alternative methods and/or May 3, 2005 12 locations to house the overflow. He offered four options; the first and least desirable option: Osceola County could take 20 trustee-type sentenced prisoners at $115 per month each; we would still have to pay their medical and other costs. The second option that has already been initiated is to house them in tents but there are various liabilities especially in the summer. A third option would be rental space and the one available building large enough is the old Wal-Mart in Sebastian but it sustained major damage during the hurricanes and the owner is not willing to repair it for a 14-16 month lease. They found nothing in a search for a building in north St. Lucie and south Brevard Counties. The best and last option would be the Hobart Park Fairgrounds building. It fits the needs, is named as an emergency jail alternative in the Comprehensive Plan, is the most likely site, and he would make that his recommendation. He then spoke about staffing issues and costs. He specified that he had programmed into his next fiscal year’s budget the addition of more correctional officers and asked to have the first quarter’s FY 2005/06 addition activated early. He gave many assurances that the inmates who would be transferred to the Fairgrounds building would be low security, trustee-type individuals who would not be any threat to children or the public. It will take 3 additional officers per shift if they use the tents and the same number if Hobart Park is used. Sheriff Raymond addressed questions about capacity housing numbers, staffing, previous projections on jail census, the Carter Goble & Lee study, shift coverage, and others. He noted they are ready to move immediately. Sheriff Raymond also advised of the difficulties of hiring correctional officers; he has only 2 applications on file now. The rest would have to be recruited and they would be phased in as we can get them so it would not be an immediate impact on the budget. From the Sheriff’s information, County Administrator Baird recognized that in spite of the now-in-progress addition to the jail, we more jail space sooner than projected. He understood that Sheriff Raymond was asking for money now and specified that the Contingency Fund is down to approximately $400,000 and funding this necessity would reduce it to about $80,000. May 3, 2005 13 Chairman Lowther thought military tents were the solution and was quite concerned about using the Hobart Park facility because of kids playing nearby, having to reprogram the building and possibly activities in the Park itself. Sheriff Raymond emphasized that the inmates would be ordinary individuals who have made some bad choices and would not pose any threat to the children or others. County Administrator Baird expressed concerns that the addition to the jail will not be completed until November or December of 2006 and our contingency funds are down significantly due to the hurricanes. He pointed out that activities at Hobart Park would have to be cancelled, reprogrammed, or alternative sites determined. Commissioner Wheeler had questions about the Sheriff’s budget for the future fiscal year. He did not see the trustees as a threat to the public. Discussion ensued on how quickly the Hobart facility could be activated and additional staff implemented. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Bowden, to approve Option 4 (housing trustee-type inmates at the Hobart Park building). Under discussion, Commissioner Davis stated he would support the motion but wanted the jail expansion to move quickly. Commissioner Wheeler and Commissioner Bowden specified that further jail expansion was not included in the motion but should come back to them in the future. There was a suggestion to enclose the Agriculture Pavilion at the Fairgrounds. The Chairman CALLED THE QUESTION and the motion carried unanimously. May 3, 2005 14 County Administrator Baird advised he would bring a budget amendment to the Board to cover the housing and associated costs for the move to the Hobart Park facility as well as estimates for additional Jail expansion and enclosing the Agricultural Pavilion at the Fairgrounds. 9.A.1. PUBLIC HEARING – RESOLUTION NO. 2005-048 – ORANGE HEIGHTS AND GALLENTINE SUBDIVISIONS WATER SERVICE – PROJECT NO. UCP-2563 – RESOLUTION III PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Assessment Projects Manager Dan Chastain reviewed the memorandum of April 22, 2005 and advised that the property owners are happy about the project. The Chairman opened the public hearing. Mary Young , 302 Valencia Street, owner of 2 properties, wanted her name deleted from the assessment roll because she already has County water that cost her $3,000. Mr. Chastain explained that Ms. Young had signed a Temporary Water Service Agreement; she had paid for a temporary connection to the nearest source of water. County Attorney Collins explained the details of a temporary water service agreement, but Ms. Young was still unhappy and appeared to need more clarification about the procedure. Mr. Chastain was directed to explain it to her after the meeting. Andrea Coy Sebastian City Council member gave her understanding of this issue and agreed it could cause some confusion. County Administrator Baird suggested the owners in the area should notify their insurance companies in order to reduce their insurance premium because fire hydrants would be installed in the neighborhood. May 3, 2005 15 The Chairman closed the public hearing. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution No. 2005-048 confirming the special assessments in connection with water main expansion to Orange Heights and Gallentine Subdivisions (north of CR512 and west of Louisiana Avenue) in the City of Sebastian, Florida; and providing for special assessment liens to be made of record. (Recorded in public records.) 9.A.2. PUBLIC HEARING – RESOLUTION NO. 2005-049 – GROVENOR ESTATES SUBDIVISION PAVING AND ST DRAINAGE IMPROVEMENTS – 31 AVENUE SW FROM THTHND 13 STREET SW TO 10 STREET SW, 32 AVENUE SW THTH FROM 13 STREET SW TO 11 STREET SW AND TH INCLUDING THE INTERSECTING STREETS (11 STREET TH SW AND 12 STREET SW) – PROJECT NO. 0420 – RESOLUTION III PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD May 3, 2005 16 County Engineer Chris Kafer reviewed the memorandum of April 20, 2005. He advised that 71% of the owners in the benefited area are in favor of the project. (Clerk’s Note; A letter from the Thorpes is on file with the backup in the office of the Clerk to the Board.) The Chairman opened the public hearing. There were no speakers and the Chairman closed the public hearing. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Bowden, the Board unanimously adopted Resolution No. 2005-049 confirming the assessment roll st for certain paving and drainage improvements to 31 ththnd Avenue SW from 13 Street SW to 10 Street SW and 32 thth Avenue SW from 13 Street SW to 11 Street SW and certain intersecting streets in Grovenor Estates Subdivision – Project No. 0420. (Recorded in public records.) 9.A.3. PUBLIC HEARING – EIGHT SEVENTY FOUR, LLC – SPECIAL EXCEPTION USE APPROVAL FOR AN AGRICULTURAL PD TO BE KNOWN AS THE 874 PD PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Director Boling reviewed the memorandum dated April 27, 2005. He used graphics and other visuals displayed on the overhead to enhance his presentation. He responded to questions from Commissioner Wheeler as to what would be permitted on this property in the future advising that the property would perhaps have barns or other agriculture-related buildings. The Chairman opened the public hearing. May 3, 2005 17 Joseph Schulke , civil engineer for this project, advised that Jerry Swanson from company was also present. Amy Thoma advised that she had worked with Messrs. Schulke and Swanson on this project and thought they all did a good job. The Chairman closed the public hearing. ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously granted PD special exception use approval with the following conditions: a) that prior to or via the final plat, the applicant shall restrict the planting and maintenance of Caribbean Fruit Fly host plants on the subject acre overall site; and b) that prior to or via the final plat, the applicant shall dedicate th without compensation 70’ of right-of-way for 74 Avenue, as recommended in the memorandum of April 27, 2005. The Chairman called a short recess at 10:29 a.m. and the meeting was reconvened 10:37 a.m. with all the members present. May 3, 2005 18 9.A.4. PUBLIC HEARING – CONSIDERATION OF FINAL IMPACT FEE STUDY REPORT, IMPACT FEE ORDINANCE, INTERLOCAL AGREEMENTS WITH THE MUNICIPALITIES AND SCHOOL BOARD, AND RESOLUTION ESTABLISHING REVIEW AND PROCESSING FEES. PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating introduced this familiar subject and advised this would be the first of two public hearings. He specified that staff recommended the stth Board make the effective date July 1 when they take the final action on May 17, after the second public hearing. Bob Wallace , Tindale Oliver, gave a PowerPoint presentation and covered the topics as they appear on the copy of the presentation filed with the backup in the office of the Clerk Mr. Wallace to the Board. addressed questions of Vice Chairman Neuberger concerning Indian River Shores’ fire and EMS advising that they could have their own impact fee for those purposes. He continued with his presentation covering the proposed impact fee schedule, the comparison, and recommendations. Mr. Wallace At the conclusion of his presentation, advised that he would come th back at the May 17 meeting with any changes the Board directs. He then asked for questions. At the request of Commissioner Wheeler, Director Keating explained the reason for st the request to make this effective July 1 because that date will give time but not excess time. Also, this process has been going on for quite a while. The Chairman opened the public hearing. May 3, 2005 19 John Williams , 1535 Smugglers Cove, suggested the impact fees be linked to the consumer price index (CPI). He congratulated the Board on reaching this point and hoped they go forward. Renee Renzi , 340 Waverly Place, of the Civic Association of Indian River County, believed this to be a strong argument for a growth moratorium. She thought impact fees should not apply to single-family homes and asked if they could be based on the assessment. County Attorney Collins explained that impact fees are for commodities provided for the public and are unrelated to the value of the property. Kurt Sorenson , Stuart, of Government Solutions, representing the Treasure Coast Homebuilders Association (TCHA), wanted to see the numbers and how they were calculated. He argued that the Comprehensive Plan levels of service should be based on seasonal traffic. He thought he should have some additional time to review these numbers, suggesting that the fees may not be accurate. Commissioner Neuberger inquired about Mr. Sorenson’s company, and Mr. Sorenson explained they were asked by the TCHA to investigate the impact fees. Mr. Wallace stated he has advised staff to determine if the figures require recalculation and, if so, he will bring it back within a week. County Administrator Baird specified that the TCHA has been given this information over the past eight months and staff thinks the fees are accurate. th Tim Zorc , 4415 5 Place SW, questioned the effective date and the basis of the fees. County Attorney Collins noted that the County is being practical and that these fees have been a year in the making, so they do not come as a surprise to anyone. Chip Landers, 1636 41st Court, stated the government fee will be $15,000 on top of other costs for a new home and the bottom line is they are pricing people out of buying a house. Residents who sell will have to pay the new fees to purchase another home. Linda Bolton , Indian River Neighborhood Association (IRNA), stated the IRNA stands for low-rise buildings, opposes density, and favors impact fees. She congratulated the Commissioners for their courageous stand on this. May 3, 2005 20 Clark Gerstner, who is currently building Pineapple Cay, specified that “affordable housing” would not happen with these impact fees. He asked that they consider the time of payment to coincide with the Certificate of Occupancy. The Chairman closed the public hearing. Commissioner Wheeler commented that he supported the impact fees. MOTION WAS MADE by Commissioner Neuberger, SECONDED by Commissioner Wheeler, to move forward with the adoption of the impact fee ordinance and the May th 17 final adoption hearing. Commissioner Davis spoke in favor of the motion saying that it will not control growth, but attempts to preserve the quality of life we have here in Indian River County. The Chairman CALLED THE QUESTION and the motion carried unanimously. (Second public hearing scheduled for May 17, 2005. No directions given to staff concerning changes.) May 3, 2005 21 9.B.1. PUBLIC DISCUSSION ITEM – JOSEPH PALADIN/GROWTH AWARENESS COMMITTEE - WHEN IMPACT FEES SHOULD BE PAID AND VESTING SHOULD TAKE PLACE Deferred. 9.B.2. PUBLIC DISCUSSION ITEM – RICHARD D. ELLIOTT - ND APPEAL OF DECISION TO OPEN 22 STREET FROM EXECUTIVE MANOR INTO THE NEW ROYAL OAKS SUBDIVISION th Richard D. Elliott , 2225 47 Terrace, appealed to the Board on behalf of his nd neighbors who are in opposition to the interconnection of Executive Manor at 22 Street to Royal Oaks Subdivision because they are accustomed to quiet streets for their children and elderly. Planning Director Stan Boling displayed an aerial view of the preliminary plat approval of Royal Oaks Subdivision. He explained that until 25 years ago interconnections between subdivisions were commonplace and now we are returning to that philosophy of interconnecting neighborhoods. Commissioner Wheeler thought this interconnection would be an advantage to the Executive Manor Subdivision. He thought more of the traffic would actually be going through Royal Oak. th Tom Siano, 2175 47 Terrace, was concerned for the safety of kids and the elderly who use the streets for play and exercise. Discussion ensued. May 3, 2005 22 MOTION WAS MADE by Commissioner Neuberger, SECONDED by Commissioner Bowden, to ask staff to look into this matter and advise what the Board could do about this particular interconnection. Under discussion, Commissioner Bowden spoke in favor of the motion. Director Keating specified that staff really needs to have a clear understanding of the Board’s directions on interconnections. Director Boling cautioned there are always going to be requests for exceptions and resistance particularly in established subdivisions. He suggested they might at least connect pedestrian systems and might want to connect roadways together just in new subdivisions. Commissioner Davis advised that he likes interconnectivity. Chairman Lowther asked for the motion to be restated. Vice Chairman Neuberger RESTATED the motion was to try to reverse the decision to put the interconnection in between these two subdivisions (to ask staff to look into this matter and advise what the Board could do about this particular interconnection). The Chairman CALLED THE QUESTION and the motion carried 3-2 (Commissioner Wheeler and Commissioner Davis opposed.) This matter will be brought back at a future meeting. May 3, 2005 23 9.B.3. SUPPORT OF INDIAN RIVER LAND TRUST’S FLORIDA COMMUNITIES TRUST APPLICATION FOR “INDIAN RIVER LAGOON CONSERVATION AREA” Ken Grudens , Executive Director of the Indian River Land Trust, reviewed the backup submitted for this item and explained they are ready to submit a grant request to purchase a piece of undeveloped property with State funds. This would not impact the County’s Land Acquisition Bond funds but the County must give certain assurances to the State that they will backup the maintenance of the property. The State requires a resolution but a letter would be satisfactory to show the County’s commitment to the backup. He called this a unique opportunity to have direct access to the Indian River Lagoon. ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Bowden, the Board unanimously agreed to give Mr. Grudens the letter he requested COPY OF THE LETTER FROM THE CHAIRMAN IS ON FILE WITH THE BACKUP IN THE OFFICE OF THE CLERK TO THE BOARD 9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON MAY 10, 2005 9.C.1.CI:RR OUNTY NITIATED EQUEST TO AMEND THE ECREATION AND OSE,SWS-E, PEN PACE LEMENT THE OLID ASTE UBLEMENT AND EDE THE CONOMIC EVELOPMENT LEMENT OF THE CP-L OMPREHENSIVE LAN EGISLATIVE May 3, 2005 24 9.C.2.CI:RC OUNTY NITIATED EQUEST TO AMEND THE ONSERVATION ECME LEMENT AND THE OASTAL ANAGEMENT LEMENT OF THE CP-L OMPREHENSIVE LAN EGISLATIVE 9.C.3.CI:RT OUNTY NITIATED EQUEST TO AMEND THE RANSPORTATION ECP-L LEMENT OF THE OMPREHENSIVE LAN EGISLATIVE 9.C.4.CI:RC OUNTY NITIATED EQUEST TO AMEND THE APITAL IECP- MPROVEMENTS LEMENT OF THE OMPREHENSIVE LAN L EGISLATIVE 9.C.5.CI:RFLU OUNTY NITIATED EQUEST TO AMEND THE UTURE AND SE ECP-L LEMENT OF THE OMPREHENSIVE LAN EGISLATIVE 9.C.6.CI:RI OUNTY NITIATED EQUEST TO AMEND THE NTRODUCTORY ECP-L LEMENT OF THE OMPREHENSIVE LAN EGISLATIVE 9.C.7.CI:RFLU OUNTY NITIATED EQUEST TO AMEND THE UTURE AND SE ECP-L LEMENT OF THE OMPREHENSIVE LAN EGISLATIVE 9.C.8.HSIR,I.:R EALTH YSTEMS OF NDIAN IVER NC EQUEST TO AMEND FLUMCP- THE UTURE AND SE AP OF THE OMPREHENSIVE LAN L EGISLATIVE May 3, 2005 25 9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON MAY 17, 2005 9.C.9.CFIFSR ONSIDERATION OF INAL MPACT EE TUDY EPORT AND PIFO–L ROPOSED MPACT EE RDINANCE EGISLATIVE 9.C.10.CPLDRA ONSIDERATION OF ROPOSED MENDMENT TO ELDRS911.22,SD STABLISH ECTION PECIAL EVELOPMENT R“OC”–L EGULATIONS FOR THER ORRIDORS EGISLATIVE 9.C.11.MCPD:RE ANDALA LUB QUEST TO REZONE APPROXIMATELY 38.88RS-3RS-1PD ACRES FROM AND TO AND TO APPROVE THE PD“MC”.MC, CONCEPTUAL PLAN FOR ANDALA LUB ANDALA LUB LLC,O.K,MGA,I.,A. WNER NIGHT CUIRE AND SSOCIATES NC GENT RD L63S,US OCATED ON THE NORTH SIDE OF TREET EAST OF H1.ZC:RS-3,R IGHWAY ONING LASSIFICATION ESIDENTIAL S-F(3/)RS-1,R INGLEAMILY UP TO UNITSACRE AND ESIDNTIAL S-F(1/).LUD: INGLEAMILY UP TO UNITACRE AND SE ESIGNATION L-1,LDR(3). OW ENSITY ESIDENTIAL UP TO UNITS PER ACRE D:2.33. ENSITY UNITS PER ACRE (2003010102-35011/PD-03-08-18).L EGISLATIVE 9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON MAY 24, 2005 May 3, 2005 26 9.C.12.CISSLUA: OUNTY NITIATED MALL CALE AND SE MENDMENT RR2.61C/IC-1, EQUEST TO EDESIGNATE ACRES FROM TO AND R2.61CGCON-1; EZONE THOSE ACRES FROM TO AND TO R6.69L-2C-1,R EDESIGNATE ACRES FROM TO AND EZONE THOSE 6.69RM-6RS-6CON-1-L ACRES FROM AND TO EGISLATIVE Executive Aide Kimberly Massung read the notices into the record. (Clerk’s Note: Commissioner Bowden temporarily left the meeting.) 11.I.1. PUBLIC WORKS – FLORIDA EAST COAST RAILWAY UTILITY CROSSING ANNUAL LICENSE FEES (REVISED) ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously (by a vote of 4-0, Commissioner Bowden temporarily absent) agreed to the revisions as stated and authorized the Chairman to sign the agreement letter, as recommended in the memorandum of April 20, 2005. LETTER OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD May 3, 2005 27 11.I.2. PUBLIC WORKS – ROSELAND ROAD SIDEWALK, OLD WINTER BEACH SIDEWALK AND CR 512 SIDEWALK – LOCAL AGENCY PROGRAM (LAP) REVISED AGREEMENT ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously (by a vote of 4-0, Commissioner Bowden temporarily absent) approved the agreement and authorized the Chairman to execute the revised agreement, as recommended in the memorandum of April 20, 2005. SETTLEMENT AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD (Clerk’s Note: Commissioner Bowden returned to the meeting.) 11.J.1. UTILITIES SERVICES – SOUTH REGIONAL WASTEWATER TREATMENT FACILITY – CAMP DRESSER & MCKEE, INC. (CDM) - PLANT RE-RATING AND FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTON (FDEP) PERMIT RENEWAL – WORK ORDER #3 ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously approved Work Order #3 to CDM Inc., in the amount of $38,700.00 for hydraulic re-rating of the South WWTF along with FDEP permit renewal, and authorized the May 3, 2005 28 Chairman to execute the same, as recommended in the memorandum of April 18, 2005. WORK ORDER NO. 3 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.2. UTILITIES SERVICES – ELEVATED WATER TANK SPACE – LICENSE AGREEMENTS WITH METRO PCS CALIFORNIA/FLORIDA, INC. FOR PLACING CELLULAR EQUIPMENT AND OCCUPYING SPACE AT THE KINGS HIGHWAY AND GIFFORD ELEVATED WATER TANK SITES ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously approved the use of the Kings Highway and Gifford Elevated Water Tank sites for the placement of antennas and other wireless communication equipment (enclosures) and authorized the Chairman to endorse the Elevated Water Tank Space License Agreements with Metro PCS Wireless, as recommended in the memorandum of April 21, 2005. AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.3. UTILITIES SERVICES – HARDEES ADDITION TO SEBASTIAN 8-INCH WATER MAIN EXTENSION – WILLIAM May 3, 2005 29 E. WELSH - APPROVAL OF DEVELOPER’S AGREEMENT – HIGH STREET FROM CR 512 TO TAFT STREET ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved the project for construction of the 8” water main on High Street from CR 512 to Taft Street for a price not-to-exceed $10,461.60, approved the Developer’s Agreement with Mr. William E. Welsh, approved the reimbursement to Mr. Welsh of up-to $7,926.54 for five years after the Developer’s Agreement is executed and authorized the Chairman to execute same as presented, as recommended in the memorandum of April 21, 2005. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.4. UTILITIES SERVICES – COUNTYWIDE WATER SERVICE INSTALLATION PROJECT – THE DANELLA COMPANY, INC. – WORK AUTHORIZATION DIRECTIVE NO. 2005-003 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved the project for a total estimated cost of $54,500.00, approved the Work Authorization Directive No. 2005-003 to The Danella Company, Inc., for $42,625.00, and authorized the Chairman to execute same, as recommended in the memorandum of April 7, 2005. May 3, 2005 30 WORK AUTHORIZATION DIRECTIVE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.5. UTILITIES SERVICES – GRAND HARBOR MOSQUITO IMPOUNDMENT SITE –ECOTECH CONSULTANTS, INC. –GRANT OF RESTORATION, ACCESS AND RECREATION EASEMENT (BRINE CONSENTRATE DISPOSAL)– FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) AND ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (SJRWMD) – ENVIRONMENTAL LEARNING CENTER - UCP 2208 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved the Restoration, Access, and Recreation Easement between the County and Grand Harbor and authorized the Chairman to execute same, as recommended in the memorandum of April 22, 2005. GRANT OF RESTORATION, ACCESS AND RECREATION EASEMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY – THE ORIGINAL IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13.C. COMMISSIONER SANDRA L. BOWDEN – FIRE AND EMERGENCY MEDICAL SERVICES CONSOLIDATION FEASIBILITY STUDY May 3, 2005 31 Commissioner Bowden referred to the backup for this item and recommended that a feasibility study be done so there will not be any surprises to the public or the Board in the consolidation of the Fire Department and Paramedics. County Administrator Baird expressed his concerns about the financial impact of consolidation on the County’s budget. Discussion ensued during which it was noted that there would be a financial impact to the County whether or not the departments were consolidated and that Commissioner Bowden had made the recommendation for a feasibility study in the past. MOTION WAS MADE by Commissioner Bowden to order a feasibility study for the consolidation of the Fire Department and Emergency Medical Services Department. The MOTION DIED for lack of a second. 14.A. EMERGENCY SERVICES DISTRICT - NONE 14.B. SOLID WASTE DISPOSAL DISTRICT - NONE 14.C. ENVIRONMENTAL CONTROL BOARD May 3, 2005 32 The Chairman announced that immediately upon adjournment of the Board of County Commissioners Meeting, the Board would reconvene as the Board of Commissioners of the Environmental Control Board. Those Minutes are being prepared separately and are appended to this document. 14.C.1.AM-RMF1, PPROVAL OF INUTES EGULAR EETING OF EBRUARY 2005 14.C.2.QRBCC– UARTERLY EPORT FOR OARD OF OUNTY OMMISSIONERS J-M2005 ANUARYARCH 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 12:40 p.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman Minutes Approved: _________________ BCC/PR/2005 Minutes May 3, 2005 33