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Home My WebLink About06/01/2004 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF JUNE 1, 2004 1.CALL TO ORDER........................................................................................ 1 2.INVOCATION ............................................................................................... 1 3.PLEDGE OF ALLEGIANCE...................................................................... 1 4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ............................................................................................................ 2 5.PROCLAMATIONS AND PRESENTATIONS ....................................... 2 5.A.PCM,PW,I.TK RESENTATION BY HUCK ECHLING OINTE EST NC AND HE IWANIS C.MFFSA ........................... 2 LUB USICEST UNDRAISING AND ILENT UCTION PROCEEDS 6.APPROVAL OF MINUTES ........................................................................ 2 7.CONSENT AGENDA ................................................................................... 3 7.A.R ............................................................................................................................ 3 EPORTS 7.B.AW ................................................................................................ 3 PPROVAL OF ARRANTS 7.C.AW ................................................................................................ 3 PPROVAL OF ARRANTS 7.D.EMPO(MPO)C, LECTION OF ETROPOLITAN LANNING RGANIZATION HAIRMAN JMCVC,SA2004 ................................. 4 OHN CANTS AND ICE HAIRMAN ABIN BELL FOR JUNE 1, 2004 1 7.E.EMANWAC LECTION OF ARINE DVISORY ARROWS ATERSHED CTION OMMITTEE (MANWAC)C,DGVCBM HAIRMAN AVID UNTER AND ICE HAIRMAN ILL OODY 2004............................................................................................................................ 4 FOR 7.F.PPWTZOFIMF RESENTATION OF ROCLAMATION ELCOMING THE RIENDSHIP C ........................................................................................................................... 4 ARAVAN 7.G.PAPHFPO ERMISSION TO DVERTISE UBLIC EARING ON IRE ROTECTION RDINANCE ............................................................................................................................................ 5 7.H.CSV“C”P.D.(P1)–CM ITRUS PRINGS ILLAGE HASE ORRECTIVE ODIFICATION TO CCRSIN. ONTRACT FOR ONSTRUCTION OF EQUIRED IDEWALK MPROVEMENTS O PD-01-02-08-CFCSIDE-C1(99100114-27447)–TSP HE UNTREE ARTNERS (HMM,I.) ..................................................................................................................... 5 NC 7.I.CSV“A”P.D.–EC ITRUS PRINGS ILLAGE XTENSION TO ONTRACT FOR CRSIN. ONSTRUCTION OF EQUIRED IDEWALK MPROVEMENTS O PD-01-02-08-CFCSIDE-A1(99100114-27981)–TSP HE UNTREE ARTNERS (HMM,I.) ..................................................................................................................... 5 NC 7.J.SOP.D.–SMC EASONS AT RCHID ECOND ODIFICATION TO ONTRACT FOR CRIN.PD-01-08-18-CFC ONSTRUCTION OF EQUIRED MPROVEMENTS O (99110063-26994)–M-RH,LTD. ....................................................................... 6 OMES 7.K.TC-ACTDA ................................... 7 AX OLLECTOR NNUAL OUNTY AX EED PPLICATIONS 7.L.58AWT–ML-B TH VENUE ATER ANK EMORANDUM OF ICENSE ELLSOUTH M///CW ........................................................................... 7 OBILITY DBA INGULAR IRELESS 7.M.R2004-053/055-PA–TRR ESOLUTION ROPERTY CQUISITION AX OLL EMOVAL TC;2004-053-RLC-B AND AX ANCELLATION EINALDO AND EDA ATA ARBER S,L12,B571,SH,U17,ORB1729, TREET OT LK EBASTIAN IGHLANDS NIT OOK P975;2004-054–FEP,33S RD AGE RED AND DWARD ETERSON TREET R--W;2004-055–33SR--W,RA RD IGHTOFAY TREET IGHTOFAY IVERS AND ILEEN A ......................................................................................................................... 8 NDERSON 7.N.PAPH–AV–SC ERMISSION TO DVERTISE FOR UBLIC EARING RTICLE TATE OURT SF-EJ1,2004(“GB”) .................................. 9 YSTEM UNDING FFECTIVE ULY LITCH ILL 7.O.AB#6026–PSRD NNUAL ID RINTING ERVICES FOR THE ECREATION EPARTMENT B–J,PRI ROCHURES AMEISON RISON EHABILITATIVE NDUSTRIES AND DE,I.(PRIDE) .................................................................... 9 IVERSIFIED NTERPRISES NC JUNE 1, 2004 2 7.P.NCAB–FP-M-S EW HILLER FOR DMINISTRATION UILDING INAL AYMENT IDTATE MVB ...................................................................................... 10 ECHANICAL OF ERO EACH 7.Q.R2004-056-MBA012 ..................... 10 ESOLUTION ISCELLANEOUS UDGET MENDMENT 7.R.TDC(TDC)2004/2005B OURIST EVELOPMENT OUNCIL UDGET R ......................................................................................................... 11 ECOMMENDATION 7.S.A-DAGF–FY2004/2005–F NTIRUG BUSE RANT UNDING ISCAL EAR LORIDA DLE–M-ADE EPARTMENT OF AW NFORCEMENT ULTIGENCY RUG NFORCEMENT U(M.A.C.E.)–PREVENT(SAC)–S NIT UBSTANCE BUSE OUNCIL UBSTANCE ACIRC ................................................................. 12 BUSE OUNCIL OF NDIAN IVER OUNTY 7.T.PRR--W–69CS.W.–RH’ TH RIVATE OAD IGHTOFAY OURT ALPH AMILTONS RFPA–S,B&SI. ......... 13 EQUEST FOR INAL LAT PPROVAL CHULKE ITTLE TODDARD NC 7.U.OOWS–FPA–OO CEAN AKS EST UBDIVISION INAL LAN PPROVAL CEAN AKS WD,I. ............................................................................................ 13 EST EVELOPMENT NC 7.V.S.JRWMD(SJRWMD)-C-S T OHNS IVER ATER ANAGEMENT ISTRICT OSTHARE CN.SF-620AA–CON.1(PMR ONTRACT O HANGE RDER O AVING ARL OADS NIRL)....................................................................................... 14 EAR NDIAN IVER AGOON 7.W.VLESI,P1–CO ERO AKE STATES TORMWATER MPROVEMENTS HASE HANGE RDER N.001–DEP(DEP)C O EPARTMENT OF NVIRONMENTAL ROTECTION ONTRACT N.WM803(S319()G)......................................................................... 14 O ECTION H RANT 7.X.EMRSP(...SI GRET ARSH EGIONAL TORMWATER ARK AKA OUTHWEST NDUSTRIAL SP)-PER-C TORMWATER ARK RELIMINARY NGINEERING EPORT ARTER A,I.–WON.3-FIFR SSOCIATES NC ORK RDER O INAL NVOICE AND INAL ELEASE R ................................................................................................................ 15 OF ETAINAGE 7.Y.FDESSRS LORIDA EPARTMENT OF MERGENCY ERVICES TATE EVENUE HARING AFY2004/2005-S ....................................................... 15 PPLICATION ISCAL EAR HERIFF 7.Z.PHEZK90B ... 16 TH ROCLAMATION ONORING LSIE OPPEL AUFFMANN ON HER IRTHDAY 9.A.1.PUBLIC HEARING – ORDINANCE 2004-016 - REZONE APPROXIMATELY 10.76 ACRES FROM RS-6 TO RM-6 (RZON TH 2004030162-39540) – SOUTH OF 9 STREET S.W. (OSLO JUNE 1, 2004 3 TH ROAD) AND 620 FEET EAST OF 27 AVENUE – J & E OSLO GROVE INVESTMENT (QUASI-JUDICIAL) ...................................... 16 9.B.1.PUBLIC DISCUSSION ITEM - BRIAN HEADY’S REQUEST TO DISCUSS CURRENT AND PAST ACTIONS WHICH RELATE TO IMPOSITION OF IMPACT FEES .................................................... 19 9.B.2.PUBLIC DISCUSSION ITEM – JEFF THOMPSON’S REQUEST TO DISCUSS 43RD AVENUE WIDENING PROJECT (VERO MILLWORKS, INC.) ................................................................................. 19 9.B.3.PUBLIC DISCUSSION ITEM – TIM ZORC’S REQUEST TO RD DISCUSS 43 AVENUE WIDENING PROJECT ................................ 20 9.B.4.PUBLIC DISCUSSION ITEM – FOWLER, WHITE, BOGGS, RD AND BANKER REQUEST TO DISCUSS 43 AVENUE WIDENING PROJECT (KAREN BRODY) ........................................... 21 9.B.5.PUBLIC DISCUSSION ITEM – ADRIENE CUFFE’S REQUEST RD TO DISCUSS 43 AVENUE WIDENING ............................................. 22 9.B.6.PUBLIC DISCUSSION ITEM – ROBERT D. JOHNSON’S REQUEST TO DISCUSS PUBLIC WORKSHOP HELD ON MAY 17, 2004 ......................................................................................................... 22 9.B.7.PUBLIC DISCUSSION ITEM – IGOR KHROMOV’S REQUEST TH TO DISCUSS PROPERTY ON US HIGHWAY 1 NORTH OF 37 STREET........................................................................................................ 23 JUNE 1, 2004 4 9.C.1.PUBLIC NOTICE ITEM SCHEDULED FOR PUBLIC HEARING ON JUNE 8, 2004 ......................................................................................... 23 9.C.1.GH’NPC(NOPC):GHA RAND ARBORS OTICE OF ROPOSED HANGE DI.’RMAD EVELOPMENT NCS EQUEST TO ODIFY THE PPROVED EVELOPMENT ORNABSM RDER TO EDUCE THE UMBER OF PPROVED OAT LIPS IN THE ARINA 344SAPBRA FROM LIPS AND LTER THE OWER OAT ESTRICTION TO LLOW A M230PBRM72P AXIMUM OF OWER OATS ATHER THAN A AXIMUM OF OWER B(Q-J)............................................................................................... 23 OATS UASIUDICIAL 9.C.2.PUBLIC NOTICE ITEM SCHEDULED FOR PUBLIC HEARING JUNE 22, 2004 .............................................................................................. 24 9.C.2.A.AOIAVCCSB N RDINANCE MPLEMENTING RTICLE OURT OST HIFTS ETWEEN SC(L)....................................................................... 24 THE TATE AND OUNTY EGISLATIVE 9.C.2.B.AORFP/FP N RDINANCE ELATING TO IRE ROTECTIONIRE REVENTION (L)................................................................................................................. 24 EGISLATIVE 10.A.COUNTY ADMINISTRATOR’S MATTERS – DISCUSSION & RD CLARIFICATION ON 43AVENUE WIDENING PROJECT ......... 25 TH 11.I.1.26 STREET BRIDGE REPLACEMENT OVER RANGE LINE TH CANAL – 74 AVENUE – IRC PROJECT NO. 0378 – CHANGE ORDER NO. 3 – SHELTRA & SON CONSTRUCTION COMPANY, INC. ........................................................................................ 34 11.I.2.NORTH LAKE SUBDIVISION RIGHT-OF-WAY – NEWPORT NORTH HOLDINGS, LLC - DEVELOPER’S AGREEMENT (FORMERLY BAYER PROPERTY) ...................................................... 35 11.I.3FACILITIES MAINTENANCE COMPLEX (SITE 2) – PROJECT NO. 9820 – PARTIAL RELEASE OF RETAINAGE – PROCTOR JUNE 1, 2004 5 CONSTRUCTION AND DISTRIBUTION OF CONTINGENCY FUNDS .......................................................................................................... 35 11.I.4.NORTH COUNTY REGIONAL PARK, PHASE II - PROJECT NO. 0399 – CONSTRUCTION OF WATER AND SANITARY SEWER FACILITIES – CONSTRUCTION PHASE ENGINEERING SERVICES AGREEMENT – CARTER ASSOCIATES, INC. ................................................................................... 35 11.J.1.BID NO. 6058 – ANNUAL BID FOR WATER METERS – AWARDED TO HUGHES SUPPLY, INC. ............................................. 35 11.J.2.NORTH COUNTY REVERSE OSMOSIS CONCENTRATE (BRINE) DISCHARGE LINE – MODIFICATION OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) RESOLUTION AGREEMENT TO ALLOW FOR AN EXTENSION OF TIME ............................................................................. 36 THTH 11.J.3.WEST WABASSO WATER SERVICE – 64 TO 58 AVENUES NORTH AND SOUTH OF CR 510 – PROJECT NO UCP-2447 – MASTELLER, MOLER AND REED, INC. ............................................ 36 11.J.4.CARLL HEIGHTS SUBDIVISION PETITION WATER THTH SERVICE - 6 PLACE WEST OF 27 AVENUE – PROJECT UCP-2448 ...................................................................................................... 37 11.J.5.INTERLOCAL AGREEMENT WITH ST. LUCIE COUNTY FOR BIOSOLIDS MANAGEMENT AND RECYCLING (SLUDGE) ......... 37 JUNE 1, 2004 6 13.D.COMMISSIONER THOMAS S. LOWTHER ........................................ 37 13.D.1.DRCRRP ISCUSSION EGARDING OUNTY EQUIRING EFERENDUM FOR URCHASES E$15,000,000 ............................................................................................... 37 XCEEDING 13.D.2.DHANCMOTA ISCUSSION OF OLDING IGHT OMMISSION EETING NE UESDAY M ............................................................................................................................ 38 ONTH 13.E.1.COMMISSIONER KENNETH R. MACHT – LAND ACQUISITION ADVISORY COMMITTEE UPDATE – RESULTS OF VOTER OPINION SURVEY BY THE TRUST FOR PUBLIC LAND ............................................................................................ 38 14.A.EMERGENCY SERVICES DISTRICT .................................................. 39 14.A.1.AM-M4,2004 .......................................................................... 39 PPROVAL OF INUTES AY 14.A.2.AFUSRSA .... 39 CCEPTANCE OF LORIDA RBAN EARCH AND ESCUE UBGRANT GREEMENT 14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 39 14.B.1.AM–M4,2004 ......................................................................... 39 PPROVAL OF INUTES AY 14.B.2.AB#6075OTR-OCML ..... 39 PPROVAL FOR ID PEN OP OLLFF ONTAINERS AIN ANDFILL 14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 40 14.C.1.AM–A6,2004 ........................................................................ 40 PPROVAL OF INUTES PRIL 14.C.2.RABSLC,FI EPORT OF CTIVITIES ETWEEN T UCIE OUNTY LORIDA AND NDIAN RC-SQ(J–M2004) ................................................ 40 IVER OUNTY ECOND UARTER ANAR JUNE 1, 2004 7 June 1, 2004 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in Regular th Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday, June 1, 2004, at 9:00 a.m. Present were Caroline D. Ginn, Chairman; Arthur R. Neuberger, Vice Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Kenneth R. Macht. Also present were Joseph Baird, County Administrator; William G. Collins II, County Attorney; Kimberly Massung, Executive Aide and Maria I. Suesz, Deputy Clerk. 1. CALL TO ORDER Chairman Ginn called the meeting to order. 2. INVOCATION Rabbi Michael Birnholz, Temple Beth Shalom, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Thomas S. Lowther led the Pledge of Allegiance to the Flag. JUNE 1, 2004 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Ginn requested the following changes to today’s Agenda: 1.Additional Backup: Item 7.S., FY 2004 Bryne Program Announcement 2.Add: Item 7.Z., Proclamation Honoring Elsie Kauffmann 3.Additional backup: Item 10., Memo from Indian River Chamber of Commerce rd regarding 43 Avenue 4.Defer: Item 11.I.2., Developer’s Agreement for North Lake Subdivision (formerly Bayer Property) 5.Additional backup: Item 13.E., Letter from Historical Society regarding Jones Pier ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously made the above changes to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS 5.A. PCM,PW,I. RESENTATION BY HUCK ECHLING OINTE EST NC AND TKC.MFFS HE IWANIS LUB USICEST UNDRAISING AND ILENT A UCTION PROCEEDS Chuck Mechling of Pointe West, Inc. presented a check in the amount of $2,500 from Paul Williams the MusicFest, and of the Kiwanis Club presented a check in the amount of $500 from the Silent Auction to go towards the County Recreation Department’s Scholarship Fund. Clifford Carlson Recreation Department Director accepted the donations with appreciation. 6. APPROVAL OF MINUTES JUNE 1, 2004 2 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meetings of April 13 and April 20, 2004, and the Special Meeting of April 20, 2004. There were none. ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved the Minutes of the Regular Meetings of April 13 and April 20, 2004, and the Special Meeting of April 20, 2004, as written and distributed. 7. CONSENT AGENDA Commissioner Macht requested Item 7.R. be pulled for comment. 7.A. R EPORTS The following report has been received and is on file in the office of the Clerk to the Board: 1. Report of Convictions, April 2004 7.B. AW PPROVAL OF ARRANTS ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for May 7-13, 2004, as written and distributed. 7.C. AW PPROVAL OF ARRANTS JUNE 1, 2004 3 ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for May 14-20, 2004, as written and distributed. 7.D. EMPO(MPO) LECTION OF ETROPOLITAN LANNING RGANIZATION C,JMCVC,SA HAIRMAN OHN CANTS AND ICE HAIRMAN ABIN BELL 2004 FOR The Board noted the elections for the record. 7.E. EMANWA LECTION OF ARINE DVISORY ARROWS ATERSHED CTION C(MANWAC)C,DGV OMMITTEE HAIRMAN AVID UNTER AND ICE CBM2004 HAIRMAN ILL OODY FOR The Board noted the elections for the record. 7.F. PPWTZOFIM RESENTATION OF ROCLAMATION ELCOMING THE FC RIENDSHIP ARAVAN The Board read and noted the Proclamation for the record. JUNE 1, 2004 4 7.G. PAPHF ERMISSION TO DVERTISE UBLIC EARING ON IRE PO ROTECTION RDINANCE ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously authorized staff to advertise for a Public Hearing on June 22, 2004 for the Fire Protection Ordinance, as recommended in the memorandum of May 25, 2004. 7.H. CSV“C”P.D.(P1)–C ITRUS PRINGS ILLAGE HASE ORRECTIVE MCCR ODIFICATION TO ONTRACT FOR ONSTRUCTION OF EQUIRED SIN.PD-01-02-08-CFCSIDE-C1 IDEWALK MPROVEMENTS O (99100114-27447)–TSP(HMM,I.) HE UNTREE ARTNERS NC ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved the Corrective Modification to Contract for Construction of Required Sidewalk Improvements No. PD-01-02-08-CFCSIDE-C1 (99100114-27447) reciting the appropriate performance bond number and amount, and authorized the Chairman to execute same, as recommended in the memorandum of May 3, 2004. MODIFICATION TO CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.I. CSV“A”P.D.–EC ITRUS PRINGS ILLAGE XTENSION TO ONTRACT CRSI FOR ONSTRUCTION OF EQUIRED IDEWALK MPROVEMENTS JUNE 1, 2004 5 N.PD-01-02-08-CFCSIDE-A1(99100114-27981)–T O HE SP(HMM,I.) UNTREE ARTNERS NC ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved the Modification to Contract for Construction of Required Sidewalk Improvements No. PD-01-02-08-CFCSIDE-A1 (99100114-27981) extending the completion date to March 12, 2005; reducing the amount of security, and authorized the Chairman to execute same, as recommended in the memorandum of May 3, 2004. CORRECTIVE MODIFICATION TO CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.J. SOP.D.–SM EASONS AT RCHID ECOND ODIFICATION TO CCRI ONTRACT FOR ONSTRUCTION OF EQUIRED MPROVEMENTS N.PD-01-08-18-CFC(99110063-26994)–M-RH,LTD. O OMES ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously authorized the Chairman to execute the Second Modification to Contract for Construction of Required Improvements No. PD-01-08-18-CFC (99110063-26994) extending the completion date to perform as set forth in the Modification, as recommended in the memorandum of May 10, 2004. JUNE 1, 2004 6 MODIFICATION TO CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.K. TC-ACTDA AX OLLECTOR NNUAL OUNTY AX EED PPLICATIONS ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously authorized the Chairman to sign the 17 applications and send payment to the Tax Collector of the requested amount of $100.00 per parcel for title search or a total of $1,700.00, as recommended in the memorandum of May 19, 2004. COPIES OF CERTIFICATES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.L. 58AWT–ML- TH VENUE ATER ANK EMORANDUM OF ICENSE BMd/b/a/CW ELLSOUTH OBILITY INGULAR IRELESS ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously authorized the Chairman to sign the Memorandum of License, as recommended in the memorandum of May 13, 2004. MEMORANDUM IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD JUNE 1, 2004 7 7.M. R2004-053/055-PA–T ESOLUTION ROPERTY CQUISITION AX RRTC;2004-053-R OLL EMOVAL AND AX ANCELLATION EINALDO LC-BS,L12,B571,S AND EDA ATA ARBER TREET OT LK EBASTIAN H,U17,ORB1729,P975;2004-054 IGHLANDS NIT OOK AGE –FEP,33SR--W; RD RED AND DWARD ETERSON TREET IGHTOFAY 2004-055–33SR--W,RA RD TREET IGHTOFAY IVERS AND ILEEN A NDERSON ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously adopted Resolution 2004-053 canceling taxes upon publicly owned lands, pursuant to Section 196-28, Florida Statutes. (Reinaldo and Leda Cata – Barber Street, Lot 12, Block 571, Sebastian Highlands, Unit 17, OR Book 1729, Page 975) ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously adopted Resolution 2004-054 canceling taxes upon publicly owned lands, pursuant to Section 196-28, Florida Statutes. (Fred and Edward Peterson – rd 33 Street Right-of-Way - Warranty Deed, OR Book 1729, Page 973) ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously adopted Resolution 2004-055 canceling taxes upon JUNE 1, 2004 8 publicly owned lands, pursuant to Section 196-28, rd Florida Statutes. (Rivers and Aileen Anderson – 33 Street Right-of-Way - Warranty Deed, OR Book 1727, Page 1393) 7.N. PAPH–AV– ERMISSION TO DVERTISE FOR UBLIC EARING RTICLE SCSF-EJ1,2004 TATE OURT YSTEM UNDING FFECTIVE ULY (“Glitch Bill”) ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously authorized the County Attorney to advertise for a public hearing to be held on June 22, 2004, as recommended in the memorandum of May 24, 2004. 7.O. AB#6026–PSR NNUAL ID RINTING ERVICES FOR THE ECREATION DB–J,P EPARTMENT ROCHURES AMEISON RISON RIDE, EHABILITATIVE NDUSTRIES AND IVERSIFIED NTERPRISES I.(PRIDE) NC ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously awarded the publishing portion of Bid #6026 to Jameison as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid; awarded the printing portion of Bid #6026 to Prison Rehabilitative JUNE 1, 2004 9 Industries and Diversified Enterprises, Inc. (PRIDE) as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid; established an Open End Contract for the period of June 1, 2004 through September 30, 2004 with the recommended vendors; authorized the Purchasing Manager to renew this contract for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, Bidder acceptance and the determination that renewal of these annual contracts is in the best interest of Indian River County, as recommended in the memorandum of May 24, 2004. 7.P. NCAB–F EW HILLER FOR DMINISTRATION UILDING INAL P-M-SMVB AYMENT IDTATE ECHANICAL OF ERO EACH ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously authorized the full and final payment in the amount of $185,413.00, payable to Mid-State Mechanical of Vero Beach, Inc., as recommended in the memorandum of May 24, 2004. 7.Q. R2004-056-MBA ESOLUTION ISCELLANEOUS UDGET MENDMENT 012 ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously JUNE 1, 2004 10 adopted Resolution 2004-056, amending the fiscal year 2003/2004 budget. 7.R. TDC(TDC)2004/2005B OURIST EVELOPMENT OUNCIL UDGET R ECOMMENDATION (CLERK’S NOTE: This item was heard prior to 7.A. and is placed here for continuity.) Commissioner Macht mentioned that Mark Brackett proposed to develop a multi-use theatre in the old Theatre Plaza and he asked the Board to keep this in mind for fund approval from the TDC. MOTION WAS MADE by Commissioner Macht, SECONDED by Commissioner Neuberger, to approve staff’s recommendation. Discussion continued. Commissioner Neuberger agreed with Commissioner Macht. Chairman Ginn concurred. Administrator Baird said TDC funds could be used for non-profit not private business. Commissioner Macht said they could participate in the fundraising. County Attorney Will Collins explained tourist dollars could be used for Capital Improvement if it is owned and operated by a non-profit, but it cannot be used for Capital Improvement when it is owned and operated by a private individual. The Chairman CALLED THE QUESTION and the motion carried unanimously. (The Board unanimously approved the 2004/2005 Tourist Development Council JUNE 1, 2004 11 Budget totaling $1,548,917, as recommended in the memorandum of May 21, 2004.) AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.S. A-DAGF–FY2004/2005– NTIRUG BUSE RANT UNDING ISCAL EAR FDLE– LORIDA EPARTMENT OF AW NFORCEMENT M-ADEU(M.A.C.E.)– ULTIGENCY RUG NFORCEMENT NIT PREVENT(SAC)–SA UBSTANCE BUSE OUNCIL UBSTANCE BUSE CIRC OUNCIL OF NDIAN IVER OUNTY ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved the Substance Abuse Council’s recommendations and authorized the Chairman to sign the grant applications and other necessary related documents for submittal to the state by the deadline of Tuesday, June 8, 2004, as recommended in the memorandum of May 24, 2004. JUNE 1, 2004 12 APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.T. PRR--W–69CS.W.–R TH RIVATE OAD IGHTOFAY OURT ALPH H’RFPA–S, AMILTONS EQUEST FOR INAL LAT PPROVAL CHULKE B&SI. ITTLE TODDARD NC ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously granted final plat approval for the private road th right-of-way, to be known as 69 Court S.W., as recommended in the memorandum of May 21, 2004. 7.U. OOWS–FPA– CEAN AKS EST UBDIVISION INAL LAN PPROVAL OOWD,I. CEAN AKS EST EVELOPMENT NC ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously granted final plat approval for Ocean Oaks West Subdivision and authorized the Chairman to sign the Contract for Construction of Required Improvements and Cash Deposit and Escrow Agreement, as recommended in the memorandum of May 21, 2004. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD JUNE 1, 2004 13 7.V. S.JRWMD(SJRWMD)- T OHNS IVER ATER ANAGEMENT ISTRICT C-SCN.SF-620AA–CON.1 OSTHARE ONTRACT O HANGE RDER O (PMRNIRL) AVING ARL OADS EAR NDIAN IVER AGOON ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved Change Order No. 1 to the Cost-Share Contract No. SF620AA and authorized the Chairman to sign it on behalf of the County, as recommended in the memorandum of May 21, 2004. CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.W. VLESI,P1– ERO AKE STATES TORMWATER MPROVEMENTS HASE CON.001–DE HANGE RDER O EPARTMENT OF NVIRONMENTAL P(DEP)CN.WM803(S319() ROTECTION ONTRACT O ECTION H G) RANT ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously authorized the Chairman to execute Change Order No. 001 to the existing Section 319(h) Grant (DEP Contract No. WM803), as recommended in the memorandum dated May 21, 2004. CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD JUNE 1, 2004 14 7.X. EMRSP(... GRET ARSH EGIONAL TORMWATER ARK AKA SISP)-P OUTHWEST NDUSTRIAL TORMWATER ARK RELIMINARY ER-CA,I.–W NGINEERING EPORT ARTER SSOCIATES NC ORK ON.3-FIFR RDER O INAL NVOICE AND INAL ELEASE OF R ETAINAGE ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously authorized payment of the Engineer’s Final Application for Payment (Work Order No. 3), including release of retainage in the amount of $4,327.25, as recommended in the memorandum of May 20, 2004. 7.Y. FDESS LORIDA EPARTMENT OF MERGENCY ERVICES TATE RSAFY2004/2005- EVENUE HARING PPLICATION ISCAL EAR S HERIFF ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously authorized the Chairman to sign the State Revenue Sharing Application, as recommended in the memorandum of May 26, 2004. APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD JUNE 1, 2004 15 7.Z. PHEZK ROCLAMATION ONORING LSIE OPPEL AUFFMANN ON HER 90B TH IRTHDAY The Board read and noted the Proclamation for the record. 9.A.1. PUBLIC HEARING – ORDINANCE 2004-016 - REZONE APPROXIMATELY 10.76 ACRES FROM RS-6 TO RM-6 (RZON TH 2004030162-39540) – SOUTH OF 9 STREET S.W. (OSLO ROAD) TH AND 620 FEET EAST OF 27 AVENUE – J & E OSLO GROVE INVESTMENT (Quasi-Judicial) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating used a PowerPoint presentation (copy on file) to give a detailed explanation of the request to rezone part of the subject site (10.76 acres) from RS-6 to RM-6 in order that the entire tract has the same zoning. This rezoning is exempt from concurrency and will not increase density. The Planning and Zoning Commission and staff recommend the Board approve this request. Commissioner Macht understood direction was given to staff to have site plans approved by the Board. Director Keating replied that he had no knowledge of such a directive. Attorney Collins advised such a directive would require an ordinance amendment. MOTION WAS MADE by Commissioner Macht, SECONDED BY Commissioner Neuberger, to direct the County Attorney to amend the Ordinance authorizing the Board to approve all site plans, instead JUNE 1, 2004 16 of approval at staff or the Planning and Zoning Commission (P&Z) level. (This motion was withdrawn later in the meeting.) Discussion continued regarding the responsibilities of the Planning and Zoning Commission, staff and the rights of the Board. Attorney Collins stated the Board’s responsibility would be limited to assuring adopted codes are applied. They cannot change or impose additional conditions on a site plan. Commissioner Macht then WITHDREW HIS MOTION, but wanted a means of reviewing site plans. Commissioner Adams pointed out that the Board has the opportunity individually to review the plan in the Planning Department with the Planner of the Day. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. John Williams , 1535 Smugglers Cove, asked the Board to broaden the public’s awareness and put more trust in the public. Brian Heady , Vero Beach, felt the Board needs control and oversight to be of value to the public, and bring matters to public scrutiny. He thought without a withdrawal of the second, the Board needed to act on prior motion. nd Sherrie Verhoevan , 4340 2 Square SW, spoke of the lack of communication between the Board and staff and asked the Board to follow-up on directions to staff. Attorney Collins pointed out this item is a rezoning request and the site plan comes later for approval. JUNE 1, 2004 17 Discussion ensued by the Commissioners regarding placing the site plan in the County Commission Office for public view and placing it on the consent agenda so anyone who has a question can have the item pulled for discussion. Attorney Collins advised that placing site plans on the consent agenda would mean revising procedures by Ordinance. Currently the site plans are viewable in the Planner of the Day office. He explained that the Board must approve a request if it meets the criteria of the Code and the only alternative is to have the Code changed which is the process that is currently underway. Commissioner Ginn thought they might want to consider broadcasting the Planning and Zoning Commission meetings. Administrator Baird agreed. Attorney Mark Barkett told the Board they do not govern by mob, they govern by law. The P&Z addresses the site plan and Board already has oversight authority. Joseph Paladin , President of Atlantic Coast Construction and Development, emphasized that staff has been working hard to comply with the Board’s requests. The Chairman asked if anyone else wished to be heard with regard to this matter. There being none, the Chairman closed the public hearing. ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Adams, the Board unanimously adopted Ordinance 2004-016, amending the zoning ordinance and the accompanying zoning map for approximately 10.76 acres located th approximately 620 feet east of 27 Avenue and 630 th feet south of 9 Street S.W. (Oslo Road), from RS-6, single-family residential district (up to 6 units/acre) to JUNE 1, 2004 18 RM-6, multi-family residential district (up to 6 units/acre); and providing codification, severability, and effective date. 9.B.1. PUBLIC DISCUSSION ITEM - BRIAN HEADY’S REQUEST TO DISCUSS CURRENT AND PAST ACTIONS WHICH RELATE TO IMPOSITION OF IMPACT FEES Chairman Ginn asked the discussions be limited to 3 minutes. Brian Heady, Vero Beach, said the Board empowers growth by building wide boulevards in residential neighborhoods, which he feels is not creating a safe situation. NO ACTION REQUIRED OR TAKEN. 9.B.2. PUBLIC DISCUSSION ITEM – JEFF THOMPSON’S REQUEST TO DISCUSS 43RD AVENUE WIDENING PROJECT (VERO MILLWORKS, INC.) Jeff Thompson, 2307 Seville Avenue, co-owner of Vero Millworks, Inc. and the Indian rd River Industrial Park, is in favor of the 43 Avenue five lane project and explained his hopes to develop and sell improved building sites for the Industrial Park. This expansion will provide the means to build a new 90,700 square foot building for Vero Millworks, Inc. Eliminating the five lane project means the Vero Millworks plan will not be able to be built as the road will not meet capacity. They had to modify their expansion plans by 15% and now they have to pay all the impact fees up front which they cannot afford. He asked the Board to allow him to “reserve his lengths” without paying all of the impact fees up front and to reconsider their decision made on May 17, 2004. NO ACTION REQUIRED OR TAKEN. JUNE 1, 2004 19 9.B.3. PUBLIC DISCUSSION ITEM – TIM ZORC’S REQUEST TO RD DISCUSS 43 AVENUE WIDENING PROJECT th Tim Zorc , 4415 5 Place SW, was in favor of the five-lane project. He mentioned public projects that would not meet concurrency with a three-lane project besides Vero Millworks, Inc.: a)County Utilities Facilities Maintenance Building b)County jail expansion c)Vacant industrial land around the Vero Beach airport d)The Piper area e)The church being relocated to accommodate the new Administration building f)New Administration Building He displayed a sketch of a boulevard concept that would give a residential feel to the rd project. He said the scope of service for the design on 43 Avenue left out a critical element of holding public workshops. He made the following suggestions: a)Establish rules and guidelines for when a road widening project leaves a certain distance from an existing home b)Purchase the homes involved in the right-of-way acquisition and not place the burden on the homeowner c)Reconsider the Board’s decision at their May 17 meeting NO ACTION REQUIRED OR TAKEN. JUNE 1, 2004 20 9.B.4. PUBLIC DISCUSSION ITEM – FOWLER, WHITE, BOGGS, AND RD BANKER REQUEST TO DISCUSS 43 AVENUE WIDENING PROJECT (KAREN BRODY) Karen Brody , Attorney from the law firm of Fowler, White, Boggs, and Banker of Tallahassee, represents P& S Properties and the owners of The Colony. She gave a brief summary of her background saying she had been with the Department of Community Affairs 14 years prior to working with this firm. She reviewed the following: a)The presentation at the May 17 and 18 Board meetings b)The Comp Plan c)The Land Development Regulations (LDRS) on concurrency d)The 2001 Municipal Planning Organization (MPO) Plan e)The 2001 Executive Summary of the MPO Plan. Ms. Brody displayed a table showing the Transportation Improvement of the County Comprehensive Plan and read Florida Statutes Section 163.3177.3(b) pointing out the decision not to rd widen 43 Avenue to five lanes meant changing the Comp Plan and that would require going through the Comp Plan amendment process. The only exception to that process is the Capital Improvement Ms. Brody Element, and it is limited to certain situations. noted at the workshops the public talked about safety. This was the #1 priority in Transportation Policy 1.3, Capitol Improvement Policy 1.2, and safety was the #1 factor for planning the widening project. She stated the Board is mandated by rd state law and the Comp Plan to maintain levels of service already established; 43 Avenue is classified at Level-D. She mentioned the Capital Improvement Policies 1.1, 1.5, 3.3, and 3.4 and Objective 5 that mention firm commitments from the County to follow through with this project. Property owners are entitled to rely on representation by the County because of these policies, and when you talk about reliance there are going to be certain legal entitlements, i.e. equitable estoppel considerations and the Ms. Brody Bert Harris Act ramifications. asked the Board to reconsider their vote from May 17, rescind that decision not to fund the project and go forward with it as stated in the Comp Plan. JUNE 1, 2004 21 The Board asked attorney Collins for his opinion and he agreed with the issues raised by Attorney Brody, however, he did question whether a claim would succeed based on an equitable estoppel or Bert Harris Act. He confirmed the fact that because the improvement is in the Traffic Circulation Element and the Capitol Improvement Element of the Comp Plan it is necessary to initiate Comp Plan amendments to revise those elements. Commissioner Macht clarified that the decision on May 17 was not to widen but to study alternatives. Attorney Collins said Public Works has looked at alternatives and their findings were to be discussed later in the meeting under County Administrator matters. NO ACTION REQUIRED OR TAKEN. 9.B.5. PUBLIC DISCUSSION ITEM – ADRIENE CUFFE’S REQUEST TO RD DISCUSS 43 AVENUE WIDENING rd Adriene Cuffe, 695 43 Avenue,thanked the Board for their motion and unanimous rd vote on May 17 (to look at three laning 43 Avenue). She read the mission statement of the Treasure Coast Regional Planning Council that says “…promotes health, safety and general welfare and plans for future development of the region that will keep it competitive and afford a high quality of life.” She believes this is what everyone wants. She told the Board they do not have to stop growth to avoid becoming like South Florida. They just have to implement the appropriate measures by reviewing and changing the Comp Plan and the long-range traffic plan to accommodate the needs of all to make it work. NO ACTION REQUIRED OR TAKEN. 9.B.6. PUBLIC DISCUSSION ITEM – ROBERT D. JOHNSON’S REQUEST TO DISCUSS PUBLIC WORKSHOP HELD ON MAY 17, 2004 JUNE 1, 2004 22 th Robert Johnson, 535 39 Court SW, understood that there may be some confusion about the motion made on May 17, and he begged the Board not to change it. “We do not want a highway in a residential community that will eventually become a truck route,” he said. NO ACTION REQUIRED OR TAKEN. 9.B.7. PUBLIC DISCUSSION ITEM – IGOR KHROMOV’S REQUEST TH TO DISCUSS PROPERTY ON US HIGHWAY 1 NORTH OF 37 STREET th Igor Khromov , 1060 6 Avenue, is a physician at the Jungle Club in Vero Beach. He th displayed photos of an abandoned building on US 1 near 36 Street. He has a contingency offer to purchase it and convert it into a medical building. This property is currently zoned residential. The Planning Department staff has told him that he cannot rezone this property for medical use at this time because it is outside of the medical node. He wanted to present this to the Board for individual consideration. Commissioner Adams referred him to Mr. Keating to start the process of rezoning. NO ACTION REQUIRED OR TAKEN. 9.C.1. PUBLIC NOTICE ITEM SCHEDULED FOR PUBLIC HEARING ON JUNE 8, 2004 9.C.1. GH’NPC(NOPC): RAND ARBORS OTICE OF ROPOSED HANGE GHADI.’RM EVELOPMENT NCS EQUEST TO ODIFY THE ADORN PPROVED EVELOPMENT RDER TO EDUCE THE UMBER OF ABSM344S PPROVED OAT LIPS IN THE ARINA FROM LIPS AND APBRAM LTER THE OWER OAT ESTRICTION TO LLOW A AXIMUM JUNE 1, 2004 23 230PBRM72P OF OWER OATS ATHER THAN A AXIMUM OF OWER B(Quasi-Judicial) OATS Commissioner Lowther is a member on the Marine Advisory Narrows Watershed Action Committee (MANWAC) and said he was not aware that this matter was brought before the committee. He asked that it be brought back to MANWAC for their review. CONSENSUS was deferring this matter indefinitely until reviewed by MANWAC. (Action was taken on this item at the June 8, 2004 BCC meeting) 9.C.2. PUBLIC NOTICE ITEM SCHEDULED FOR PUBLIC HEARING JUNE 22, 2004 9.C.2.A.AOIAVCC N RDINANCE MPLEMENTING RTICLE OURT OST SBSC(Legislative) HIFTS ETWEEN THE TATE AND OUNTY 9.C.2.B.AORFP/F N RDINANCE ELATING TO IRE ROTECTIONIRE P(Legislative) REVENTION The Chairman read the notices into the record. JUNE 1, 2004 24 10.A. COUNTY ADMINISTRATOR’S MATTERS – DISCUSSION & RD CLARIFICATION ON 43AVENUE WIDENING PROJECT County Administrator Joseph Baird wanted to clear up a lot of confusion regarding the direction given in the motion made on May 17 at the Special meeting. Staff looked into a three-lane rd project on 43 Avenue and realized it will not solve the capacity problem. However, they will redesign it if the Board wishes. Staff needs specific direction on the widening of the bridge north of the intersection at SR60, because they believe for the improvements to increase capacity at the intersection rd at 43 Avenue and SR60 the bridge needs to be widened. These improvements will affect the commercial establishments, but the work still needs to be done. Attorney Collins said the action taken on May 17 is not consistent with Policy 1.6 of the Capital Improvement Element of the Comp Plan. He read the policy stating that deleting the five-lane project means alternate projects have to be in place that could provide necessary capacity and concurrency. He did not believe such alternate projects exist. Proceeding with a three-lane project would require a number of amendments to the Traffic Circulation and Capital Improvement Elements of the Comp Plan. Chairman Ginn read different parts of the Transportation Element of the Comp Plan several times and found it confusing. She questioned several areas: rd 1.It does not specify 43 Avenue as a five lane project rd 2.43 Avenue is established at a LOS-B thrdrd 3.58 Avenue project was completed prior to the 43 Avenue project when 43 Avenue is rated a number one priority. 4.It states 5 years for completion of committed improvements when the State allows 2 years. Chairman Ginn felt it was obvious that the Comp Plan needed to be amended. Director Keating explained that the principle function of the Transportation Improvement Program (TIP) once approved by MPO is to seek funding from the Department Of Transportation (DOT). This project was listed on the last TIP for funding and already exists in the rd committed network system. He was uncertain why 43 Avenue was rated in the TIP at LOS-B JUNE 1, 2004 25 opposed to LOS-D. In 2003 they were using data from a few years past and since then the State has rd changed the level of service standards. He said the latest studies indicated 43 Avenue to be at a high-end of LOS-D. th Director Jim Davis gave an explanation regarding the 58 Avenue project. He said both projects were underway simultaneously. Due to tremendous growth and in order to manage rdthrd traffic around 43 Avenue they proceeded with the 58 Avenue project before the 43 Avenue project. rd They also endured a 25% growth in traffic in the 43 Avenue corridor. He said it is not uncommon with the growth that we have endured to find percentages of traffic increasing dramatically. There was a question and answer period regarding acceptable levels of service and Traffic Engineer Chris Mora explained the differences in capacity between the different levels. Chairman Ginn felt Director Davis’s reasoning was a fair assessment of the situation and she retracted her comments regarding the Comp Plan. ththth Discussion continued regarding other corridor expansion projects for 12, 20 and 27 Avenues. These corridors will handle limited excess capacity. As to the idea of a boulevard median Director Davis said it would be time extensive, costly, and require additional front yard setbacks. He stated staff has exhaustively looked at making the three-lane project work, but found a burden was being put on other corridors that cannot handle it. Commissioner Lowther believed the boulevard design was the direction to take no matter what the cost if the three-lane project is denied, especially with the growth expected from St. Lucie County. Discussion ensued regarding front yard setbacks and Director Davis responded to alternative ideas made by the Board. JUNE 1, 2004 26 Chairman Ginn again displayed her frustration with projects not listed in the TIP program. rd Administrator Baird said if they three lane 43 Avenue now they will have to make further improvements again in a couple of years. The five-lane project means they may have to purchase some properties, but in the long run it would be cost effective. Commissioner Lowther said his motion made on May 17 says, “to approve a redesign rd on 43rd Avenue,” and others said it was to “look at a redesign of 43 Avenue.” Executive Aide Kim Massung played a portion of the video of the May 17 meeting for all to view the motion to make the matter clear. rd Attorney Collins said staff was looking at having dual left turn lanes at the 43 Avenue & SR60 intersection from all approaches and this action would solve some of the capacity problems. Traffic Engineer Chris Mora said to get that many lanes at the intersection would rd require additional footage. He also explained because 43 Avenue is so close to capacity they need the additional lanes to raise the LOS. After viewing the video it was determined that the motion on May 17 was to “look at” rd a redesign of 43 Avenue as three lanes, and possibly redesign the intersection at SR60, but keep it three lanes. Commissioner Macht seconded the motion to include the intersections at the other thoroughfares. The discussion turned to the project of Vero Millworks, Inc. and Director Keating explained that Vero Millworks, Inc. is at a standstill until the Land Use Element is amended. In order to do the type of improvements that would allow that project and others to be concurrent, staff would have to do the full road expansion. JUNE 1, 2004 27 MOTION WAS MADE by Commissioner Neuberger, to approve staff’s recommendation, SECONDED by Commissioner Macht for discussion. An extensive discussion continued with Engineer Mora responding to questions concerning the diversion of traffic to other corridors, five lanes converting to three lanes, a median or redesigning the border. The Board learned that all the issues are germane. They would require additional time and staff could not guarantee completion in 24 months and still solve the concurrency issue. The Chairman asked if anyone wished to be heard regarding this matter and opened this item up for public input. th Mark Brackett, 1915 34 Avenue, felt the Board should not take action on the opinions of a few residents. He asked the Board to look at the long-range plan and to make their decision based on that. Commissioner Macht did not believe that was the case. The Board was asked to look at alternatives and that is exactly what they are doing. rd Dr. Denis Scarpinato, DVM , 1905 43 Avenue, questioned how his property would be impacted by these improvements. His concerns were the possiblity of losing sufficient access to his business and the possibility of being forced to go out of business. He asked the Board to buy his business or relocate it. He preferred the latter. Chairman Ginn stated it was not their intention to put him out of business. Director Davis said 6’ to 12’ could be the additional impact if they five lane the intersection. He said it would be difficult to do a project of this size in an urban area with the type of widening they are envisioning without disrupting some of the properties. They could not present a design on the intersection at this time to provide any specifics. JUNE 1, 2004 28 Frank Coffey, 1200 Admirals Way, questioned the impact of downsizing by Vero rd Millworks, Inc., moving the Supervisor of Elections onto 43 Avenue, the development of Dodger rd Pines and the future development of the golf course on 43 Avenue. Administrator Baird did not feel concurrency could be met for those projects mentioned by Mr. Coffey if they proceed with the three-lane project. Director Keating explained that since the May 17Special meeting staff has been operating under the assumption that the five-lane project was no longer committed. nd Tony Basso, 4352 2 Square SW, suggested looking at property values now and if they decline he felt the property owners could be compensated at the end of the project if they proceed th with 5-lanes. He suggested 58Avenue through Indrio be made a major truck route and questioned if ththnd this was considered. He also recommended paving 8 Street or 12 Street all the way to 82 Avenue to offer an alternative route to the west. Director Davis responded staff has already implemented most of his suggestions. He th said there are multiple opportunities to divert traffic. Kings Highway (58Avenue) is probably the best, however, the traffic is diverting there now. Director Keating said they are currently working with St Lucie County on our new long-range transportation plan. ndth Sherrie Verhoeven, 4340 2 Square SW, agreed with Mr. Basso regarding 12 Street. rd She complained how difficult it is to make a left turn onto 43 Avenue without a turn lane. She felt the lack of consistent information and confusion between staff and the Board was a big problem. She wanted to know when they would stop wasting time. She had several questions regarding why the rd speed limit was changed on 43 Avenue and why staff did not have a design for the intersection rd improvements when it was up for approval. She asked the Board to three-lane 43 Avenue and amend the Comp Plan to preserve the safety and uniqueness of Indian River County. Administrator Baird said the speed limit was changed to 35 mph when they closed Oslo rd Road and 43Avenue due to construction. JUNE 1, 2004 29 rd Adriene Cuffe, 695 43 Avenue, understood the motion made May 17 was that a study was to be made. Her concern was that the study has not been presented formally to the Board. She thought a little more time was needed in order to get a better understanding. She also questioned why staff did not have a design to show Dr. Scarpinato when the project has been planned for 9 years. She felt there is some ambiguity about the LOS at different years and questioned the reasoning why rd 43 from Oslo has first priority. She thinks this needs to be considered before another decision is made. Director Davis clarified that they have a five lane road design in front of Dr. Scarpinato’s property, but they do not have the expanded intersection design, which includes the dual lefts transitioning back to the single left turn lane. th Harvey McFeaters, 4320 15 Place, said he was in favor of the original five-lane plan and he asked the Board to proceed with that project. Penny Chandler , representing the Indian River County Chamber of Commerce, pointed out that the level of service has to be improved in order to use the Transportation Impact Fee. Proceeding with the three-lane project means looking for funding from other sources. She suggested bringing into the mix a group from the Regional Planning Council to look at options and develop a consensus among the groups. Chairman Ginn thought it was a good idea to engage the Regional Planning Council to rd do a charette on the intersection and the whole 43 Avenue. She said the Commissioners needed to rd travel 43 Avenue with staff so staff can show them exactly what is going to happen. Commissioner Adams did not feel that was necessary. Eric Barkett , representing Dodgertown Venture LLLC, said the new jail and the new rd County Administration building projects could not be done without widening 43 Avenue to five lanes and making improvements at the intersection. He disagreed with the interpretation of Policy 1.6. by Attorney Collins to mean that they can have other projects to maintain the level of service. Mr. Barkett JUNE 1, 2004 30 interprets it to say that they have to do this project unless it is going to be developed by another developer. He concluded the motion before the Board is appropriate. They had staff look at alternatives and there are no viable alternatives that will solve the concurrency problem. He urged the rdth Board to go forward to correct the intersection and five-lane 43 Avenue at least to 8 Avenue. Chuck Mechling, 1999 Pointe West Drive, thinks the esthetic vision of our roadway system and how it interacts in residential areas should be a direct relationship to the quality of life that we want to see. He sided with staff and felt the Board should follow the adopted grid system. Anthony Donadio , 1665 E. Rosewood Court, was in favor of the five-lane project. th Robert Johnson, 535 39 Court SW,requested the Board to ask staff to present a design showing specifically what will be at the intersection before they make a decision. Jerry Swanson, 1510 Coral Oak Lane, a developer involved in the Dodgertown property, asked the Board to reconsider the decision made May 17 and encouraged them to rely on the Comp Plan to make decisions that involve millions of dollars. th Joan Johnson, 535 SW 39 Court, felt communication was a problem because when rd she inquired if staff was going to expand 43 Avenue she was told “no.” She expressed concerns on safety and concerns on traffic monitoring by the Sheriff’s office. She felt that should be included in County planning. (CLERK’S NOTE: The Chairman called for a brief recess at 12:10 p.m. and reconvened the meeting with all members present at 12:17 p.m.) Karen Brody provided information regarding the Bert Harris Act explaining many results of claims are not advertised due to confidentiality. She read a quote from the Naples newspaper published on May 12 that read 200 claims statewide had been filed since the Bert Harris Act took effect JUNE 1, 2004 31 and only a few have been brought to conclusion. Of those few the government and property owners rd have been winning equally. She read the definitions of roads, pointing out that 43 Avenue is thth th designated as a minor arterial road down to 12 Street and from 12Street to 8Street is defined as a collector road, meaning high traffic volume, high operating speed and long trip lengths. She read Policy 1.2 identifying delays in Capitol Improvements and Policy 5.9. She advised that the LOS is very essential in the Comp Plan and if there is going to be any degradation, then a Comp Plan Amendment is in order. In this incident there is a push in our Comp Plan to promote infield development within the urban service area. There is going to be pressure to expand to the west if infield development does not happen as expected in the Plan. She added that the Sheriff’s Office had Ms. signed off on this project. In response to Chairman Ginn’s comments regarding three lanes, Brody said three lanes means only a 5% increase and the County would be doing two revisions instead of one, which is not cost effective. Director Keating confirmed that the Sheriff has a representative on the MPO Technical Advisory Committee and they are present at a number of meetings. Administrator Baird responded to Mrs. Johnson’s comments that he has always thth responded positively to the five-lane widening project from 8 Street to 26Street, but responded th negatively to widening 8 Street to Oslo Road because it was not on the plans. Jeff Thompson said if the County improves the intersection to five lanes he could move forward on his original 90,700 square foot building. Chairman Ginn requested Engineer Mora toconfirm that Mr. Thompson’s statement was correct. He responded that he would need to pay concurrency on the entire 76,800 square feet in lieu of a 24,000 square foot building for Vero Millworks, Inc. Commissioner Lowther mentioned the Board gave the industrial park business 0% financing for 6 months and he wished to do the same for Vero Millworks. (CLERKS NOTE: There was a motion on the floor and Commissioner Lowther said he would make his motion later in the meeting.) JUNE 1, 2004 32 Administrator Baird repeated his request for direction and clarification on the rd improvements at the intersection at 43 Avenue and SR60 and the widening of the bridge. Don Ryce , 908 Cochina Lane, urged the Board to make a motion that is not as ambiguous as the one before them. Chairman Ginn said after this lengthy discussion she was unsure of what staff was recommending and asked for a clarification of the motion on the floor. rd Commissioner Neuberger repeated his motion to approve five-laning 43 Avenue, including improving the intersection at SR60 and widening the bridge. Commissioner Lowther was disappointed there was not a three-lane design for approval. Director Davis restated that they looked at a three-lane section and they realized it will not provide capacity that will meet concurrency. Administrator Baird supported staff reiterating that they have looked at three lanes, and determined they cannot reach concurrency. This is the reason this item was placed on the agenda. Commissioner Adams said if they want to reach concurrency, which is in the Comp Plan, then the Board does not have a choice. Commissioner Lowther agreed. CALLED THE QUESTION The Chairman and the motion carried by a 3-2 vote, Chairman Ginn and Commissioner Lowther opposed. (The Board thth approved a five lane section from 8 Street to 26 rd Street on 43 Avenue, major improvements to the intersection at SR60 with dual left-turn lanes, two thoroughfares in each direction and right turn lanes in all directions, and approved widening the bridge north JUNE 1, 2004 33 of SR60 to accommodate the major intersection improvements.) ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, the Board unanimously approved assisting Vero Millworks, Inc. by offering 0% financing for the cost of impact fees if needed, per the guidelines of Resolution 2004-017 (County Administrator to execute agreements for short-term financing for impact fees and water and sewer capacity and connection charges with target industries.) Jeff Thompson Discussion continued and said if they are going forward with the five lanes he should be able to handle the impact fees. Chairman Ginn added that the Board would consider anyone who applies for assistance. TH 11.I.1. 26 STREET BRIDGE REPLACEMENT OVER RANGE LINE TH CANAL – 74 AVENUE – IRC PROJECT NO. 0378 – CHANGE ORDER NO. 3 – SHELTRA & SON CONSTRUCTION COMPANY, INC. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved deferring this item to June 8, 2004 due to time constraints. JUNE 1, 2004 34 11.I.2. NORTH LAKE SUBDIVISION RIGHT-OF-WAY – NEWPORT NORTH HOLDINGS, LLC - DEVELOPER’S AGREEMENT (FORMERLY BAYER PROPERTY) Deferred. 11.I.3 FACILITIES MAINTENANCE COMPLEX (SITE 2) – PROJECT NO. 9820 – PARTIAL RELEASE OF RETAINAGE – PROCTOR CONSTRUCTION AND DISTRIBUTION OF CONTINGENCY FUNDS ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved deferring this item to June 8, 2004 due to time constraints. 11.I.4. NORTH COUNTY REGIONAL PARK, PHASE II - PROJECT NO. 0399 – CONSTRUCTION OF WATER AND SANITARY SEWER FACILITIES – CONSTRUCTION PHASE ENGINEERING SERVICES AGREEMENT – CARTER ASSOCIATES, INC. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved deferring this item to June 8, 2004 due to time constraints. 11.J.1. BID NO. 6058 – ANNUAL BID FOR WATER METERS – AWARDED TO HUGHES SUPPLY, INC. JUNE 1, 2004 35 ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved deferring this item to June 8, 2004 due to time constraints. 11.J.2. NORTH COUNTY REVERSE OSMOSIS CONCENTRATE (BRINE) DISCHARGE LINE – MODIFICATION OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) RESOLUTION AGREEMENT TO ALLOW FOR AN EXTENSION OF TIME ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved deferring this item to June 8, 2004 due to time constraints. THTH 11.J.3. WEST WABASSO WATER SERVICE – 64 TO 58 AVENUES NORTH AND SOUTH OF CR 510 – PROJECT NO UCP-2447 – MASTELLER, MOLER AND REED, INC. Julianne Rink, Division of Environmental Health, is conducting an environmental assessment of West Wabasso well water through a grant. She brought a container filled with discolored well water attesting that it is terrible. Residents of Wabasso came out to show their support, but some of them had already left the meeting. ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, the Board unanimously approved allowing staff to seek grant JUNE 1, 2004 36 funding; approved the listed project and authorized the Utility Department to proceed with the engineering design work; awarded contract for survey services to Masteller, Moler and Reed, Inc. in the amount of $10,300.00, as recommended in the memorandum dated May 21, 2004. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.4. CARLL HEIGHTS SUBDIVISION PETITION WATER SERVICE - THTH 6 PLACE WEST OF 27 AVENUE – PROJECT UCP-2448 ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved deferring this item to June 8, 2004 due to time constraints. 11.J.5. INTERLOCAL AGREEMENT WITH ST. LUCIE COUNTY FOR BIOSOLIDS MANAGEMENT AND RECYCLING (SLUDGE) ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved deferring this item to June 8, 2004 due to time constraints. 13.D. COMMISSIONER THOMAS S. LOWTHER 13.D.1.DRCRR ISCUSSION EGARDING OUNTY EQUIRING EFERENDUM FOR PE$15,000,000 URCHASES XCEEDING JUNE 1, 2004 37 ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved deferring this item to June 8, 2004 due to time constraints. 13.D.2.DHANCMO ISCUSSION OF OLDING IGHT OMMISSION EETING NE TAM UESDAY ONTH ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved deferring this item to June 8, 2004 due to time constraints. 13.E.1. COMMISSIONER KENNETH R. MACHT – LAND ACQUISITION ADVISORY COMMITTEE UPDATE – RESULTS OF VOTER OPINION SURVEY BY THE TRUST FOR PUBLIC LAND ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved deferring this item to June 8, 2004 due to time constraints. JUNE 1, 2004 38 14.A. EMERGENCY SERVICES DISTRICT 14.A.1.AM-M4,2004 PPROVAL OF INUTES AY ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved deferring this item to June 8, 2004 due to time constraints. 14.A.2.AFUSR CCEPTANCE OF LORIDA RBAN EARCH AND ESCUE SA UBGRANT GREEMENT ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved deferring this item to June 8, 2004 due to time constraints. 14.B. SOLID WASTE DISPOSAL DISTRICT 14.B.1.AM–M4,2004 PPROVAL OF INUTES AY 14.B.2.AB#6075OTR-OC PPROVAL FOR ID PEN OP OLLFF ONTAINERS ML AIN ANDFILL ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved deferring this item to June 8, 2004 due to time constraints. JUNE 1, 2004 39 14.C. ENVIRONMENTAL CONTROL BOARD 14.C.1.AM–A6,2004 PPROVAL OF INUTES PRIL ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved deferring this item to June 8, 2004 due to time constraints. 14.C.2.RABSLC,F EPORT OF CTIVITIES ETWEEN T UCIE OUNTY LORIDA IRC-SQ(J–M2004) AND NDIAN IVER OUNTY ECOND UARTER ANAR ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved deferring this item to June 8, 2004 due to time constraints. 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 12:38 p.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman Minutes Approved: _________________ JUNE 1, 2004 40