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Home My WebLink About06/7/2005 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF JUNE 7, 2005 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.PPDMJ,2005 RESENTATION OF ROCLAMATION ESIGNATING THE ONTH OF UNE NHM...................................................................2 AS ATIONAL OMEOWNERSHIP ONTH 5.B.PANW.H,J.TY RESENTATION OF WARD TO ORMAN ENSICK R FOR EN EARS SPZC ............................................3 ERVICE ON THE LANNING AND ONING OMMISSION 5.C.IAM,CM,CS .....................3 NTRODUCTION OF L INNER ITY ANAGER ITY OF EBASTIAN 5.D.PTCRPC RESENTATION OF REASURE OAST EGIONAL LANNING OUNCIL (TCRPC)CEDS(CEDS) OMPREHENSIVE CONOMIC EVELOPMENT TRATEGY BY GV,TCRPCEDC...........................3 REG ADAY CONOMIC EVELOPMENT OORDINATOR 6.APPROVAL OF MINUTES ........................................................................ 3 6.A.EOCW,A15,2005..............................3 MERGENCY PERATIONS ENTER ORKSHOP PRIL 6.B.RMBCC,M3,2005 ..................4 EGULAR EETING OF OARD OF OUNTY OMMISSION AY June 7, 2005 1 7.CONSENT AGENDA ................................................................................... 4 7.A.R-FWCDABFY EPORT ELLSMERE ATER ONTROL ISTRICT NNUAL UDGET 2005-2006 4 7.B.R-FWCD–DM– EPORT ELLSMERE ATER ONTROL ISTRICT ISTRICT AP IN CFS189.418,R9B-50.014(3), OMPLIANCE WITH LORIDA TATUTES ULE FAC ..............................................................................5 LORIDA DMINISTRATIVE ODE 7.C.APPROVALOFWARRANTS–MAY20-26,2005 .................................................5 7.D.APPROVALOFWARRANTS–MAY13-19,2005 .................................................5 7.E.AWJ.PED PPOINTMENT OF ILLIAM ENNEY TO THE CONOMIC EVELOPMENT C(EDC)BRRRW. OUNCIL AS ANKING EPRESENTATIVE EPLACING OBERT B 5 ACHMAN 7.F.AGBLAA PPOINTMENT OF EORGE LYTHE TO THE AND CQUISITION DVISORY C(LAAC)HM .....................................................6 OMMITTEE AS THE ISTORIC EMBER 7.G.RNHPZ ESIGNATION OF ORMAN ENSICK FROM THE LANNING AND ONING C(P&Z) ...................................................................................................7 OMMISSION 7.H.ASCPZ PPOINTMENT OF COTT HISHOLM AS THE LANNING AND ONING C’D4 ......................................................................7 OMMISSIONS ISTRICT APPOINTEE 7.I.PDJ,2005FES ROCLAMATION ESIGNATING UNE AS IREWORKS YE AFETY M 8 ONTH 7.J.RAPHGC.H- ETIREMENT WARD AND ROCLAMATION ONORING EORGE INTON SWDD,DUS ........................8 OLID ASTE ISPOSAL ISTRICT IVISION OF TILITY ERVICES 7.K.RAPHDC-S ETIREMENT WARD AND ROCLAMATION ONORING ANNY OLVIN OLID WDD,DUS ...................................8 ASTE ISPOSAL ISTRICT IVISION OF TILITY ERVICES 7.L.CK’W’CS...................................8 YRIL NOWLESS ORKERS OMPENSATION ETTLEMENT 7.M.NCTS–NECUS ....................9 EW OURTHOUSE ELEPHONE YSTEM NIFIED OLUTIONS 7.N.OFSR–AC LD ELLSMERE CHOOL ESTORATION IR ONDITIONING AND EW .....................................................................................................9 LECTRICAL ORK 7.O.COSLATC OUNTY FFICE PACE EASE UTHORIZATION WITH THE REASURE OAST HSC,I.(TCHSC) ..................................................... 10 OMELESS ERVICES OUNCIL NC 7.P.RESOLUTION2005-087-PRE–1785 ARTIAL ELEASE OF AN ASEMENT AW(L1,TVLS)–D YNSLEY AY OT HE ILLAGE OF EXINGTON UBDIVISION ONALD &HD ................................................................................................. 13 ELEN IPIETRO June 7, 2005 2 7.Q.ERSIP–CO AST OSELAND TORMWATER MPROVEMENTS ROJECT HANGE RDER N.003CC–JB/W O TO THE ONSTRUCTION ONTRACT OEARARDEN C,I. ............................................................................................... 13 ONSTRUCTION NC 7.R.FSW–PBMSP LOODPLAIN TORAGE AIVER ROVENCE AY AJOR ITE LAN AND PPA–B-S&A, RELIMINARY LANT PPLICATION OWYERINGLETON SSOCIATES I. 14 NC 7.S.AC-ARSFI WARD OF ONTRACT RTIFICIAL EEF TUDY LORIDA NSTITUTE OF T(FIT)-BP ........................................................ 15 ECHNOLOGY EACH RESERVATION 7.T.IRCPCWSMPE ARK OF OMMERCE ATER AND EWER ASTER LANNED XTENSIONS 98A100ASR60–RR, THTH FROM VENUE TO VENUE ON ELEASE OF ETAINAGE CON.1–FPCGE. HANGE RDER O INAL AYMENT TO ONTRACTOR EORGE F 15 RENCH 7.U.AEHSC MENDMENT AND XTENSION TO THE UMANE OCIETY ONTRACT FOR PCASS .................................................. 16 ROVIDING OUNTY NIMAL HELTER ERVICES 7.V.R2005-088–MBA013 ................. 16 ESOLUTION ISCELLANEOUS UDGET MENDMENT 7.W.D’AIWP– EVELOPERS GREEMENT FOR NTERSECTION IDENING ROJECT ISR60/58ASR60/43A– THRD NTERSECTIONS OF VENUE AND VENUE SFG,LLC ......................................................................... 16 TONEYBROOK ARM ROUP 7.X.EIRCMSMP-SA AST ASTER TORMWATER ANAGEMENT LAN ECOND MENDMENT MUCS. TO THE EMORANDUM OF NDERSTANDING BETWEEN THE OUNTY AND T J’RWMDS,F OHNS IVER ATER ANAGEMENT ISTRICT FOR THE EDIMENT LOW RWQI-IR EDUCTION AND OTHER ATER UALITY MPROVEMENTS NDIAN IVER FWCD(IRFWCD) .................................................... 17 ARMS ATER ONTROL ISTRICT 9.A.1.PUBLIC HEARING – RESOLUTION 2005-089 - BLOCK VILLA ST SUBDIVISION PETITION WATER SERVICE – 21 AVENUE TH AT 9 PLACE – PROJECT NO. UCP – 2504 (RESOLUTION III) (PUBLICATION ON FILE) ...................................................................... 18 June 7, 2005 3 9.B.1.PUBLIC DISCUSSION – REQUEST BY EUGENE PERNA TO SPEAK ON FLOODING AND DRAINAGE AT 1900 FLORA LANE ............................................................................................................ 18 DJ14,2005 ............................................................................................ 18 EFERRED TO UNE 9.B.2.PUBLIC DISCUSSION – REQUEST FROM JOSEPH PALADIN TO DISCUSS REQUIRED 25 FEET A OR B BUFFER YARDS BETWEEN NEW SUBDIVISIONS ZONED RS-2, RS-3, RS-6, OR RT-6 AND ADJACENT SINGLE FAMILY ZONED PROPERTY .... 19 MI12.A. ....................................................................................................... 19 OVED TO TEM 9.B.3.PUBLIC DISCUSSION – REQUEST FROM JOHN WILLIAMS TO DISCUSS CURRENT NEGOTIATIONS BETWEEN THE COUNTY AND THE FIREFIGHTERS’ UNION AND PROPOSED MERGER OF FIREFIGHTERS AND PARAMEDICS ........................ 19 9.B.4.PUBLIC DISCUSSION – REQUEST FROM SHAWN SMITH, SUPER DIP CAFÉ REGARDING PAYMENTS FOR FOOD STUFFS DURING HURRICANE FRANCES ........................................ 19 9.C.PUBLIC NOTICE ....................................................................................... 21 9.C.1.SPHJ14,2005-NC CHEDULED UBLIC EARING FOR UNE OTICE OF RAIG R’21S-- ST USTAYS REQUEST TO ABANDON A PORTION OF TREET RIGHTOFWAY 54A(L) ............................. 21 TH LOCATED IMMEDIATELY WEST OF VENUE EGISLATIVE 9.C.2.SPHJ21,2005-B CHEDULED UBLIC EARING FOR UNE OARD CONSIDERATION A–S.SRB TO APPROVE PURCHASE OF THE NSIN T EBASTIAN IVER UFFER PARCEL CELP(L) ............ 21 UNDER THE OUNTY NVIRONMENTAL ANDS ROGRAM EGISLATIVE 9.C.3.NSPHJ21,2005-C OTICE OF CHEDULED UBLIC EARING FOR UNE OUNTY 102C,103A, NDRD INITIATED REQUEST TO ABANDON PORTIONS OF OURT VENUE 103C,106C,107A95 RDTHTHTH OURT OURT AND VENUE ALL LYING BETWEEN June 7, 2005 4 S(CR510)94SVLE TH TREET AND TREET WITHIN ERO AKE STATES (L) ......................................................................................................... 21 EGISLATIVE 9.C.4.NSPHJ19,2005-S OTICE OF CHEDULED UBLIC EARING FOR ULY HOWCASE DH:R+/-36.44 ESIGNER OMES EQUEST TO REZONE ACRES LOCATED AT THE 58A1 THST NORTHEAST QUADRANT OF THE INTERSECTION OF VENUE AND SS.W.A-1,AD(1/5), TREET FROM GRICULTURAL ISTRICT UP TO UNIT ACRES TO RS-3,S-FRD(3/). INGLEAMILY ESIDENTIAL ISTRICT UP TO UNITSACRE SDH,L.C.,O.S,B&S, HOWCASE ESIGNER OMES WNER CHULKE ITTLE TODDARD LLC,A–(Q-J) ........................................................................... 22 GENT UASIUDICIAL 9.C.5.NSPHA2,2005:C OTICE OF CHEDULED UBLIC EARING FOR UGUST OMMANDER G:R+/-247.67A ROVES EQUEST TO REZONE CRES LOCATED AT THE NC1SSW82AA-1, STND ORTHWEST ORNER OF TREET AND VENUE FROM AD(1/5),RS-3,SF GRICULTURAL ISTRICT UP TO UNIT ACRES TO INGLE AMILY RD(3/).PC,LLC, ESIDENTIAL ISTRICT UP TO UNITSACRE REMIER ITRUS O.S,B&S,LLC,A-Q-J .......... 22 WNER CHULKE ITTLE TODDARD GENT UASIUDICIAL 10.COUNTY ADMINISTRATOR’S MATTERS – REQUEST FOR CONTINUATION OF EXECUTIVE SESSION MEETING WITH THE BOARD TO DISCUSS UNION NEGOTIATIONS – INTERNATIONAL ASSOCIATION OF FIREFIGHTERS ................ 23 11.C.1.GENERAL SERVICES – REQUEST FOR APPROVAL OF INITIAL GUARANTEED MAXIMUM PRICE (GMP) PHASE 1 PROPOSAL FOR CONSTRUCTION OF THE NEW COUNTY ADMINISTRATION BUILDING - AMENDMENT NO. 1 - TURNER CONSTRUCTION .................................................................... 23 11.C.2.GENERAL SERVICES – COUNTY JAIL EXPANSION PROJECT CONSTRUCTION MANAGER PRE-CONSTRUCTION SERVICES – PETER R. BROWN CONSTRUCTION, INC. ............................................................................ 24 June 7, 2005 5 11.I.1.EAST INDIAN RIVER COUNTY MASTER STORMWATER MANAGEMENT PLAN - HYDROMENTIA, INC. WORK ORDER NO. 1 – ENVIRONMENTAL CONSULTING & TECHNOLOGY (ECT) WORK ORDER NO. 1. FOR FINAL DESIGN FOR EGRET MARSH REGIONAL STORMWATER PARK ............................................................................................................ 24 11.I.2.PROFESSIONAL ENGINEERING/LAND SURVEYING TH SERVICES – AMENDMENT NO. 2 - 5 STREET SW BRIDGE RD OVER LATERAL “C” CANAL - 43 AVENUE BRIDGE OVER SOUTH RELIEF CANAL - OLD DIXIE HIGHWAY BRIDGE OVER SOUTH RELIEF CANAL – BRIDGE DESIGN ASSOCIATES, INC. ................................................................................... 25 11.I.3.FACILITIES MAINTENANCE COMPLEX (PROJECT NO. 9820) FINAL PAYMENT AND RELEASE OF RETAINAGE TO PROCTOR CONSTRUCTION ................................................................. 26 THTH 11.I.4.PROPERTY ACQUISITION – 3725 66 AVENUE – 37 TH STREET BRIDGE REPLACEMENT AT 66 AVENUE AND TH FUTURE 66 AVENUE ROADWAY WIDENING – WILLIAM H. & LYNN V. MASSAGEE, OWNERS ................................................. 26 11.J.1.WINTER BEACH PARK SUBDIVISION PETITION WATER NDTH SERVICE – 52 AVENUE NORTH OF 65 STREET – PROJECT NO. UCP 2633 - SAND RIDGE ACRES .............................. 27 11.J.2.SCALE INHIBITOR SYSTEM REVIEW – SOUTH REVERSE OSMOSIS FACILITY (SROF)WORK ORDER NO. 9 - KIMLEY-HORN AND ASSOCIATES , INC. (RFQ NO. 6037) ........... 27 June 7, 2005 6 12.A.REQUEST FROM JOSEPH PALADIN TO DISCUSS REQUIRED 25 FEET A OR B BUFFER YARDS BETWEEN NEW SUBDIVISIONS ZONED RS-2, RS03, RS-6, OR RT-6 AND ADJACENT SINGLE FAMILY ZONED PROPERTY (MOVED FROM ITEM 9.B.2) .................................................................................... 28 13.B.1.VICE CHAIRMAN ARTHUR R. NEUBERGER - THE BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE’S REQUEST TO DIRECT STAFF TO ACCELERATE IMPLEMENTATION OF THE BEACH PRESERVATION PLAN FOR SECTORS 3 AND 5 ........................................................................... 30 13.D.COMMISSIONER WESLEY S. DAVIS – EMERGENCY ITEM – AFFIDAVIT OF EXEMPTION PROCESS ............................................ 31 14.A.EMERGENCY SERVICES DISTRICT .................................................. 31 14.A.1.AMRMA12,2005 ................. 32 PPROVAL OF INUTES OF EGULAR EETING OF PRIL 14.A.2.AMRMA19,2005 .................. 32 PPROVAL OF INUTES OF EGULAR EETING OF PRIL 14.A.3.DSC(PIA)B ESIGN ERVICES ONTRACTS ART GREEMENTS WITH ARTH CR/RES ONSTRUCTION FOR THE ENOVATIONEPAIR OF MERGENCY ERVICES S3,290043A,VB-S,101S.H RD TATIONS VENUE ERO EACH TATION IGHWAY A1A,VB-S10,62NB,F ................. 32 ERO EACH TATION ORTH ROADWAY ELLSMERE 14.B.SOLID WASTE DISPOSAL DISTRICT - NONE .................................. 32 14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 32 June 7, 2005 7 June 7, 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, June 7, 2005. Present were Chairman Thomas S. Lowther, Vice Chairman Arthur R, Neuberger, and Commissioners Sandra L. Bowden, Wesley Davis and Gary C. Wheeler. Also present were County Administrator Joseph Baird, County Attorney William G. Collins II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Maria I. Suesz. 1. CALL TO ORDER Chairman Lowther called the meeting to order at 9:00 a.m. 2. INVOCATION Pastor Ray Scent, Gathering of Devoted Servants, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Vice Chairman Neuberger led the Pledge of Allegiance to the Flag. June 7, 2005 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Lowther requested the following changes to today’s Agenda: Additional Item 7.F. George H. Blythe’s application for backup: Land Acquisition Advisory Council “Historic” member Defer: Item 9.B.1. to June 14, Request to speak by Eugene Perna 2005 regarding Flooding/Drainage at 1900 Flora Lane Move: Item 9.B.2. Move toItem12.A. Add: Emergency Item 13.D. Affidavit of Exemption process Add: Missing Page Item 14.3. Page 280.A ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Bowden, the Board unanimously made the above changes to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS 5.A. PPDM RESENTATION OF ROCLAMATION ESIGNATING THE ONTH OF J,2005NHM UNE AS ATIONAL OMEOWNERSHIP ONTH Commissioner Davis read and presented the Proclamation to the President of the Realtor’s Association, Lauren Connolly. June 7, 2005 2 5.B. PANW.H,J.T RESENTATION OF WARD TO ORMAN ENSICK R FOR EN YSPZC EARS ERVICE ON THE LANNING AND ONING OMMISSION Chairman Lowther read and presented a plaque to Norman W. Hensick, Jr. for ten years of service on the Planning and Zoning Commission. 5.C. IAM,CM,C NTRODUCTION OF L INNER ITY ANAGER ITY OF S EBASTIAN Nathan McCollum City of Sebastian Mayor introduced the new City Manager of the City of Sebastian, Al Minner, to the Board. 5.D. PTCRP RESENTATION OF REASURE OAST EGIONAL LANNING C(TCRPC)CED OUNCIL OMPREHENSIVE CONOMIC EVELOPMENT S(CEDS)GV,TCRPCE TRATEGY BY REG ADAY CONOMIC DC EVELOPMENT OORDINATOR Greg Vaday , TCRPC Economic Development Coordinator, used a PowerPoint presentation to give an overview of the Regional Economic Development Plan (copy on file). 6. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the following Minutes. There were none. 6.A. EOCW,A15,2005 MERGENCY PERATIONS ENTER ORKSHOP PRIL June 7, 2005 3 ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board approved Minutes of the Emergency Operations Center Workshop of April 15, 2005, as written and distributed. 6.B. RMBCC,M3, EGULAR EETING OF OARD OF OUNTY OMMISSION AY 2005 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Wheeler, the Board unanimously approved the Minutes of the Regular Meeting of the Board of County Commission of May 3, 2005, as written and distributed. 7. CONSENT AGENDA The following items were pulled for discussion: Item 7.F, Item 7.N, Item 7.O, Item 7.Q and Item 7.W. 7.A. R-FWCDA EPORT ELLSMERE ATER ONTROL ISTRICT NNUAL BFY2005-2006 UDGET The report has been received and is on file in the office of the Clerk of the Board. June 7, 2005 4 7.B. R-FWCD–D EPORT ELLSMERE ATER ONTROL ISTRICT ISTRICT M–CFS189.418,R AP IN OMPLIANCE WITH LORIDA TATUTES ULE 9B-50.014(3),FAC LORIDA DMINISTRATIVE ODE The report has been received and is on file in the office of the Clerk of the Board. 7.C. APPROVALOFWARRANTS–MAY20-26,2005 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the list of Warrants as issued by the Clerk of the Board for May 20-26, 2005, as requested in the memorandum of May 26, 2005. 7.D. APPROVALOFWARRANTS–MAY13-19,2005 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the list of Warrants as issued by the Clerk of the Board for May 13-19, 2005, as requested in the memorandum of May 19, 2005. 7.E. AWJ.PE PPOINTMENT OF ILLIAM ENNEY TO THE CONOMIC DC(EDC)BR EVELOPMENT OUNCIL AS ANKING EPRESENTATIVE RRW.B EPLACING OBERT ACHMAN June 7, 2005 5 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the appointment of William J. Penney to the Economic Development Council (EDC) as Banking Representative, as recommended in the memorandum of May 31, 2005. 7.F. AGBLA PPOINTMENT OF EORGE LYTHE TO THE AND CQUISITION AC(LAAC)HM DVISORY OMMITTEE AS THE ISTORIC EMBER CLERK’S NOTE: ( This item was pulled for discussion and was heard following the approval of the consent agenda. It is placed here for continuity.) Commissioner Davis requested the appointment of Christopher M. Crawford to the Land Acquisition Advisory Committee (LAAC). He had asked Mr. Crawford to apply for this position because he is an architect and also Chairman of the County’s Resource Historical Resource Advisory Committee. He also added the application of George Blythe because he felt Mr. Blythe was a fine choice. Chairman Neuberger stated George Blythe was past president of the Historical Resource Advisory Committee and he felt it was important to add his background to this Committee. June 7, 2005 6 The Chairman POLLED the Board. Commissioner Wheeler – George Blythe Commissioner Davis – Christopher Crawford Commissioner Bowden - George Blythe Vice Chairman Neuberger – George Blythe Chairman Lowther – Christopher Crawford The Board (by a 3-2 vote) appointed George Blythe to the Land Acquisition Advisory Committee as the Historic member. 7.G. RNHP ESIGNATION OF ORMAN ENSICK FROM THE LANNING AND ZC(P&Z) ONING OMMISSION The Board noted Norman Hensick’s letter of resignation for the record. 7.H. ASCP PPOINTMENT OF COTT HISHOLM AS THE LANNING AND ZC’D4 ONING OMMISSIONS ISTRICT APPOINTEE ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the Appointment of Scott Chisholm to the Planning and Zoning Commission’s District 4 appointee, as recommended in the memorandum of May 31, 2005. June 7, 2005 7 7.I. PDJ,2005FE ROCLAMATION ESIGNATING UNE AS IREWORKS YE SM AFETY ONTH The Chairman read the Proclamation into the record. 7.J. RAPHGC. ETIREMENT WARD AND ROCLAMATION ONORING EORGE H-SWDD,D INTON OLID ASTE ISPOSAL ISTRICT IVISION OF US TILITY ERVICES The Board noted the Award and Proclamation for the record. 7.K. RAPHD ETIREMENT WARD AND ROCLAMATION ONORING ANNY C-SWDD,DU OLVIN OLID ASTE ISPOSAL ISTRICT IVISION OF TILITY S ERVICES The Board noted the Award and Proclamation for the record. 7.L. CK’W’CS YRIL NOWLESS ORKERS OMPENSATION ETTLEMENT ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the settlement of this claim in the mediated amount of $219,500.00 that includes an attorney’s fee of approximately $22,000 for Mr. Knowles’ counsel. The County will be reimbursed the full amount of the settlement by the excess June 7, 2005 8 insurance carrier, as recommended in the memorandum of June 1, 2005. 7.M. NCTS–NECU EW OURTHOUSE ELEPHONE YSTEM NIFIED S OLUTIONS ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously authorized staff to consult with the #1 ranked vendor, NEC Unified Solutions, Inc., to establish a final design within the $275,000 budgetary limit and to develop a contract with the selected vendor for the provision of the telephone system at the Courthouse and necessary related work at other County facilities. The final contract and price are to be brought back to the Board for approval. If a suitable contract cannot be obtained with the number one choice, then consultation and negotiation will be done with the number two choice, if that is unsuccessful, then the number three choice, as recommended in the memorandum of May 20, 2005. 7.N. OFSR–AC LD ELLSMERE CHOOL ESTORATION IR ONDITIONING EW AND LECTRICAL ORK (CLERK’S NOTE: This item was pulled for discussion and was heard prior to Item 7.O. It is placed here for continuity.) June 7, 2005 9 Commissioner Davis recalled last year the Frog Leg Festival Committee donated about $45,000 to hire a project coordinator to restore the Old Fellsmere School and he wanted to know if those funds were still available. General Services Director Thomas W. Frame advised the funds are still in the County, and they will remain there under their agreement with the City of Fellsmere. The proposal before the Board today is to close out the grant and he explained it was easier for the City of Fellsmere to take on the maintenance repairs and then to invoice the County. ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved the payment of invoices from the City of Fellsmere to complete the air conditioning and electrical work for the Old Fellsmere School and grant funds to complete grant requirements including any remaining match that may be needed, as recommended in the memorandum of June 1, 2005. 7.O. COSLA OUNTY FFICE PACE EASE UTHORIZATION WITH THE TCHSC,I.(TCHSC) REASURE OAST OMELESS ERVICES OUNCIL NC (CLERK’S NOTE: This item was pulled f discussion and was heard prior to Item 9.A. It is placed here for continuity.) Commissioner Wheeler wanted to know how much space staff needed to lease and for what period of time. June 7, 2005 10 Administrator Baird explained the problem of renting office space is getting expensive. He found the cheapest way to rent space was to lease back part of the same building the County rents to the Treasure Coast Homeless Services Council (TCHSC). The TCHSC has a 30-year lease with the County at $1 a year and they have the right to sublease space to raise operating capital. Should the TCHSC lease back space to the County, they are asking the County to pay $30,000 a year to cover some of their operating expenses. Administrator Baird felt it was fair. He said they are looking at a time period of two years. Discussion ensued regarding the County’s cost of leasing space in a County building. Dick Stark , Chairman of the Treasure Coast Homeless Services Council, reviewed the Council’s activities and achievements, and their sources of funds. He explained Martin County, St. Lucie County, and other entities are involved in their operation and expenses. He did not believe any of them would be interested in paying the additional expenses because they are not capable of subleasing space. Vice Chairman Neuberger was agreeable to offsetting some of the operating cost, but not all of it. Chairman Lowther agreed with Vice Chairman Neuberger. Management and Budget Director Jason Brown advised currently they are funding the Council $25,000 dollars for 2005 and again in 2006. June 7, 2005 11 MOTION WAS MADE by Vice Chairman Neuberger, SECONDED by Commissioner Bowden, to approve the lease with the Treasure Coast Homeless Services Council, as recommended by staff in the memorandum of June 1, 2005. Chairman Lowther commented that the motion includes $75,000 needed by staff to renovate offices and he did not want to get into a blanket agreement. He was concerned about the existing agreement with the Council allowing them to sublease and expressed concern in taking that right away from them. Commissioner Davis felt there was a lesson to learn from this and he wanted to add to the language of future leases a caveat similar to that set forth in the Mountain Bike Trail (Please see BCC minutes of 5-17-05), if necessary, to relieve this type of burden on the Board. Commissioner Wheeler had a problem with the concept of the County paying $30,000 a year and he was looking for more cooperation from the Council. Administrator Baird said he would renegotiate the lease with the Council and bring it back. The Chairman CALLED THE QUESTION and the motion CARRIED. The Board unanimously authorized Administrator Baird to move forward June 7, 2005 12 with lease negotiations with the Treasure Coast Homeless Services Council, Inc. (TCHSC) for space at the old County Health Department building and bring it back to the Broad within two weeks. 7.P. RESOLUTION2005-087-PRE– ARTIAL ELEASE OF AN ASEMENT 1785AW(L1,TVL YNSLEY AY OT HE ILLAGE OF EXINGTON S)–D&HD UBDIVISION ONALD ELEN IPIETRO ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution 2005-087, releasing a portion of an easement on Lot 1, the Village of Lexington Subdivision. 7.Q. ERSIP– AST OSELAND TORMWATER MPROVEMENTS ROJECT CON.003CC– HANGE RDER O TO THE ONSTRUCTION ONTRACT JB/WC,I. OEARARDEN ONSTRUCTION NC (CLERK’S NOTE: This item was heard prior to Item 7.W. and is placed here for continuity.) Commissioner Davis pointed out another issue regarding the Shady Rest mobile home community who have decided not to cost-share on the remaining 200 feet of stockade fencing. The residents on the opposite side said they would cost-share the remaining 200 feet. There was some discussion whereby staff explained that the June 7, 2005 13 stockade fence was a different issue. The item before them dealt with the fence around the retention stormwater pond only. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Bowden, the Board approved Change Order No. 003 and authorized the Chairman to execute same, as recommended in the memorandum of May 19, 2005. CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 7.R. FSW–PBMS LOODPLAIN TORAGE AIVER ROVENCE AY AJOR ITE PPPA– LAN AND RELIMINARY LANT PPLICATION B-S&A,I. OWYERINGLETON SSOCIATES NC ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Alternative No. 1, granting the floodplain storage waiver based on the criteria of Section 930, as recommended in the memorandum of May 20, 2005. June 7, 2005 14 7.S. AC-ARSF WARD OF ONTRACT RTIFICIAL EEF TUDY LORIDA IT(FIT)-BP NSTITUTE OF ECHNOLOGY EACH RESERVATION ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved execution of the contract with Florida Institute of Technology in the amount of $19,245.00, as recommended in the memorandum of May 24, 2005. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 7.T. IRCPCWSMP ARK OF OMMERCE ATER AND EWER ASTER LANNED E98A100ASR60– THTH XTENSIONS FROM VENUE TO VENUE ON RR,CON.1–F ELEASE OF ETAINAGE HANGE RDER O INAL PCGE.F AYMENT TO ONTRACTOR EORGE RENCH ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Change Order No. 1 for $17,604.27; approved the total project cost of $125,882.00 and approved Application for Pay Request No. 2, Final payment to the Contractor George E. French in the amount of $28,432.04, as recommended in the memorandum of May 26, 2005. June 7, 2005 15 7.U. AEHS MENDMENT AND XTENSION TO THE UMANE OCIETY CPCASS ONTRACT FOR ROVIDING OUNTY NIMAL HELTER ERVICES ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously authorized the Chairman to execute the Amendment and Extension to Contract for Providing Animal Shelter Services, as recommended in the memorandum of May 31, 2005. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 7.V. R2005-088–MBA ESOLUTION ISCELLANEOUS UDGET MENDMENT 013 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board adopted Resolution 2005-088, amending the FY 2004-2005 Budget. 7.W. D’AIW EVELOPERS GREEMENT FOR NTERSECTION IDENING P–ISR60/58ASR60/43 THRD ROJECT NTERSECTIONS OF VENUE AND A–SFG,LLC VENUE TONEYBROOK ARM ROUP Commissioner Wheeler was surprised to see the large radius of influence on neighborhoods by the impact fees. Staff explained if the traffic study indicates a 2% June 7, 2005 16 of impact over the level of service C at an intersection, then the developer has to contribute to the improvements of that intersection. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board approved the Developer’s Agreement with Stoneybrook Farm Group, LLC for Stoneybrook Farm Residential subdivision, as recommended in the memorandum of June 1, 2005. DEVELOPER’S AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 7.X. EIRCMSMP-S AST ASTER TORMWATER ANAGEMENT LAN ECOND AMU MENDMENT TO THE EMORANDUM OF NDERSTANDING CS.J’RW BETWEEN THE OUNTY AND T OHNS IVER ATER MDS,FR ANAGEMENT ISTRICT FOR THE EDIMENT LOW EDUCTION WQI-IR AND OTHER ATER UALITY MPROVEMENTS NDIAN IVER FWCD(IRFWCD) ARMS ATER ONTROL ISTRICT ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board approved the Second Amendment to the Memorandum of Understanding between SJRWMD and IRC, and authorized the Chairman to execute June 7, 2005 17 same, as recommended in the memorandum of May 19, 2005. SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 9.A.1. PUBLIC HEARING – RESOLUTION 2005-089 - BLOCK VILLA ST SUBDIVISION PETITION WATER SERVICE – 21 AVENUE TH AT 9 PLACE – PROJECT NO. UCP – 2504 (RESOLUTION III) (PUBLICATION ON FILE) Assessments Projects Manager Dan Chastain explained this is a water installation assessment project where two residents are to be included in sharing the cost of the project. Estimated cost of this project is $34,500. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board approved Resolution 2005-089, confirming the special assessments in connection with water main st expansion to Block Villa Subdivision (21 Avenue th at 9 Place) in Indian River County, Florida; and providing for Special Assessment Liens to be made of record. 9.B.1. PUBLIC DISCUSSION – REQUEST BY EUGENE PERNA TO SPEAK ON FLOODING AND DRAINAGE AT 1900 FLORA LANE DJ14,2005 EFERRED TO UNE June 7, 2005 18 9.B.2. PUBLIC DISCUSSION – REQUEST FROM JOSEPH PALADIN TO DISCUSS REQUIRED 25 FEET A OR B BUFFER YARDS BETWEEN NEW SUBDIVISIONS ZONED RS-2, RS-3, RS-6, OR RT-6 AND ADJACENT SINGLE FAMILY ZONED PROPERTY MI12.A. OVED TO TEM 9.B.3. PUBLIC DISCUSSION – REQUEST FROM JOHN WILLIAMS TO DISCUSS CURRENT NEGOTIATIONS BETWEEN THE COUNTY AND THE FIREFIGHTERS’ UNION AND PROPOSED MERGER OF FIREFIGHTERS AND PARAMEDICS John Williams , 1635 Smugglers Cove, read a six-page letter (copy on file) stating his opposition to the merger of the union contracts of the firefighters and the paramedics. He handed out a study he completed (copy on file) regarding other firefighter contracts. He was opposed to Chairman Lowther taking part in the firefighter negotiations or voting on their contract because of a conflict of interest. He urged the Board to review his study and to consider privatization. NO ACTION TAKEN OR REQUIRED. 9.B.4. PUBLIC DISCUSSION – REQUEST FROM SHAWN SMITH, SUPER DIP CAFÉ REGARDING PAYMENTS FOR FOOD STUFFS DURING HURRICANE FRANCES June 7, 2005 19 th Shawn Smith , Super Dip Café owner, 1840 25 Street, who provided meals from September 2, 2004 through September 10, 2004 during Hurricane Frances, came to the Board in request for payment for his food bill. He updated the Board, giving a history of events that occurred since the storm, informing them that this was his second time coming to the Board. Administrator Baird stated this was a civil matter. He explained the first storm invoice was $140,000 and the second storm invoice was $85,000. He felt there was a discrepancy in the billed amount because of the great difference in totals. Mr. Smith was paid the $85,000, and he received a partial payment for the $140,000 invoice. Discussion continued regarding previous negotiations between Mr. Smith and Administrator Baird and requests from Management and Budget Director Jason Brown to Mr. Smith to provide additional information regarding his invoice. Attorney Collins advised the Board to hire a mediator as a less expensive alternative to going to court. Mr. Smith said he was showing the Board his paperwork to avoid going to mediation. Commissioner Wheeler agreed with Attorney Collins’ suggestion and felt the County should pay for the mediator. Chairman Lowther recalled the first hurricane before there was a voucher system for food stuff was in place. He commented that this was not discussed at the hurricane workshop. Discussion ensued on how the County would bill FEMA for these costs. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Chairman Lowther for discussion, to authorize the County Attorney to hire a mediator. Discussion ensured regarding placing a cap on the cost of a mediator and who would be responsible for it. June 7, 2005 20 Commissioner Wheeler felt the County is responsible for not having a procedure in place. Administrator Baird stated that the County did have a voucher system in place by the time of Hurricane Jeanne. Vice Chairman Neuberger was in favor of hiring a mediator. The Chairman CALLED THE QUESTION, and the motion CARRIED unanimously. The Board authorized the County Attorney to hire a mediator to work out an amount to be paid agreeable with both parties. 9.C. PUBLIC NOTICE 9.C.1.SPHJ14,2005-N CHEDULED UBLIC EARING FOR UNE OTICE OF CR’21S ST RAIG USTAYS REQUEST TO ABANDON A PORTION OF TREET --54A TH RIGHTOFWAY LOCATED IMMEDIATELY WEST OF VENUE (L) EGISLATIVE 9.C.2.SPHJ21,2005-B CHEDULED UBLIC EARING FOR UNE OARD A–S. CONSIDERATION TO APPROVE PURCHASE OF THE NSIN T SRBC EBASTIAN IVER UFFER PARCEL UNDER THE OUNTY ELP(L) NVIRONMENTAL ANDS ROGRAM EGISLATIVE 9.C.3.NSPHJ21,2005- OTICE OF CHEDULED UBLIC EARING FOR UNE C102 ND OUNTY INITIATED REQUEST TO ABANDON PORTIONS OF June 7, 2005 21 C,103A,103C,106C,107 RDRDTHTH OURT VENUE OURT OURT AND A95S(CR510)94 THTH VENUE ALL LYING BETWEEN TREET AND SVLE(L) TREET WITHIN ERO AKE STATES EGISLATIVE 9.C.4.NSPHJ19,2005- OTICE OF CHEDULED UBLIC EARING FOR ULY SDH:R+/-36.44 HOWCASE ESIGNER OMES EQUEST TO REZONE ACRES LOCATED AT THE NORTHEAST QUADRANT OF THE 58A1SS.W.A-1, THST INTERSECTION OF VENUE AND TREET FROM AD(1/5),RS-3, GRICULTURAL ISTRICT UP TO UNIT ACRES TO S-FRD(3/). INGLEAMILY ESIDENTIAL ISTRICT UP TO UNITSACRE SDH,L.C.,O.S,B& HOWCASE ESIGNER OMES WNER CHULKE ITTLE S,LLC,A–(Q-J) TODDARD GENT UASIUDICIAL 9.C.5.NSPHA2,2005: OTICE OF CHEDULED UBLIC EARING FOR UGUST CG:R+/-247.67A OMMANDER ROVES EQUEST TO REZONE CRES NC1SSW ST LOCATED AT THE ORTHWEST ORNER OF TREET AND 82AA-1,AD(1/5 ND VENUE FROM GRICULTURAL ISTRICT UP TO UNIT ),RS-3,SFRD(3 ACRES TO INGLE AMILY ESIDENTIAL ISTRICT UP TO /).PC,LLC,O.S,B UNITSACRE REMIER ITRUS WNER CHULKE ITTLE &S,LLC,A-Q-J TODDARD GENT UASIUDICIAL Executive Aide Kim Massung read the notices into the record. June 7, 2005 22 10. COUNTY ADMINISTRATOR’S MATTERS – REQUEST FOR CONTINUATION OF EXECUTIVE SESSION MEETING WITH THE BOARD TO DISCUSS UNION NEGOTIATIONS – INTERNATIONAL ASSOCIATION OF FIREFIGHTERS CONSENSUS WAS reached to meet at 2:00 p.m. on Tuesday, June 7, 2005. 11.C.1. GENERAL SERVICES – REQUEST FOR APPROVAL OF INITIAL GUARANTEED MAXIMUM PRICE (GMP) PHASE 1 PROPOSAL FOR CONSTRUCTION OF THE NEW COUNTY ADMINISTRATION BUILDING - AMENDMENT NO. 1 - TURNER CONSTRUCTION General Services Director Thomas Frame reviewed the alternates defined in Exhibit E (page 146 of the backup). ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowden, the Board unanimously approved Amendment No. 1, along with the alternates contained within Exhibit E, establishing a Guaranteed Maximum Price of $3,978,824.00, and approved the reduction of the performance bond requirement to 100%, as recommended in the memorandum of May 31, 2005. AGREEMENT IS ON FILE IN THE June 7, 2005 23 OFFICE OF THE CLERK OF THE BOARD 11.C.2. GENERAL SERVICES – COUNTY JAIL EXPANSION PROJECT CONSTRUCTION MANAGER PRE-CONSTRUCTION SERVICES – PETER R. BROWN CONSTRUCTION, INC. General Services Director Thomas Frame commented that this proposal includes the expansion and he pointed out that the Contractor did not increase the pre-construction fee with this inclusion. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Bowden, the Board unanimously approved the agreement with a pre-construction fee of $89,029 and authorized the Chairman to sign the same, as recommended in the memorandum of May 26, 2005. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 11.I.1. EAST INDIAN RIVER COUNTY MASTER STORMWATER MANAGEMENT PLAN - HYDROMENTIA, INC. WORK ORDER NO. 1 – ENVIRONMENTAL CONSULTING & TECHNOLOGY (ECT) WORK ORDER NO. 1. FOR FINAL DESIGN FOR EGRET MARSH REGIONAL STORMWATER PARK June 7, 2005 24 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Bowden, the Board unanimously approved Hydromentia’s Work Order No. 1, ECT’s Work Order No. 1 and authorized the Chairman to execute them, as recommended in the memorandum of May 26, 2005. WORK ORDER 1 AND ATTACHMENT ARE ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 11.I.2. PROFESSIONAL ENGINEERING/LAND SURVEYING TH SERVICES – AMENDMENT NO. 2 - 5 STREET SW BRIDGE RD OVER LATERAL “C” CANAL - 43 AVENUE BRIDGE OVER SOUTH RELIEF CANAL - OLD DIXIE HIGHWAY BRIDGE OVER SOUTH RELIEF CANAL – BRIDGE DESIGN ASSOCIATES, INC. ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously approved Amendment No. 2 in the amount of $84,1163.00, as recommended in the memorandum of May 31, 2005. AMENDMENT 2 IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD June 7, 2005 25 11.I.3. FACILITIES MAINTENANCE COMPLEX (PROJECT NO. 9820) FINAL PAYMENT AND RELEASE OF RETAINAGE TO PROCTOR CONSTRUCTION ON MOTION by Commissioner Bowden, SECONDED by Commissioner Wheeler, the Board unanimously approved Amendment No. 3 and Application for Final Payment No. 20 in the amount of $270,446.99, as recommended in the memorandum of May 30, 2005. AMENDMENT 3 IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD THTH 11.I.4. PROPERTY ACQUISITION – 3725 66 AVENUE – 37 TH STREET BRIDGE REPLACEMENT AT 66 AVENUE AND TH FUTURE 66 AVENUE ROADWAY WIDENING – WILLIAM H. & LYNN V. MASSAGEE, OWNERS After learning staff is staggering the projects due to insufficient funding, Commissioner Wheeler suggested having an open-end contract as a cost-saving factor. Commissioner Davis preferred having a three-year contract and Administrator Baird agreed. ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved Option 1 approving the $375,000.00 purchase with leaseback and other June 7, 2005 26 conditions and authorized the Chairman to execute the Agreement to Purchase and Sell Real Estate and accompanying Lease, as recommended in the memorandum of May 25, 2005. AGREEMENT, LEASE & SURVEY ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.1. WINTER BEACH PARK SUBDIVISION PETITION WATER NDTH SERVICE – 52 AVENUE NORTH OF 65 STREET – PROJECT NO. UCP 2633 - SAND RIDGE ACRES ON MOTION by Commissioner Wheeler, SECONDED by Vice Chairman Neuberger, the Board unanimously approved the Winter Beach Park Subdivision Petition Water Service Project UCP 2633 and authorized the Utilities Department to proceed with the engineering design work and award a contract for survey services based on the most favorable quote in preparation for the special assessment project, as recommended in the memorandum of May 18, 2005. 11.J.2. SCALE INHIBITOR SYSTEM REVIEW – SOUTH REVERSE OSMOSIS FACILITY (SROF)WORK ORDER NO. 9 - KIMLEY-HORN AND ASSOCIATES , INC. (RFQ NO. 6037) June 7, 2005 27 ON MOTION by Commissioner Davis, SECONDED by Commissioner Bowden, the Board unanimously approved Work Authorization No. 9 with Kimley-Horn and Associates, Inc., in the amount of $4,500 for a Scale Inhibitor System Review and Fuel Tank Installation at the South RO Facility, as recommended in the memorandum of May 18, 2005. WORK ORDER 9 IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 12.A. REQUEST FROM JOSEPH PALADIN TO DISCUSS REQUIRED 25 FEET A OR B BUFFER YARDS BETWEEN NEW SUBDIVISIONS ZONED RS-2, RS03, RS-6, OR RT-6 AND ADJACENT SINGLE FAMILY ZONED PROPERTY (MOVED FROM ITEM 9.B.2) Joseph Paladin , 730 Commerce Drive, Sebastian, discussed the pending ordinance doctrine which has a significant impact on small parcels and single-family residents. He wanted to pull the ordinance until the Growth Awareness Committee can incorporate the ideas of the Landscape Advisory Committee (LAC), the Audubon Society and the Professional Services Advisory Committee (PSAC). Later in the meeting staff confirmed the ordinance has a significant impact on small parcels and asked the Board not to adopt the pending ordinance as is. Attorney Collins clarified the intent of this request is to delay enforcing the ordinance until the committees have an opportunity to work on the language to accommodate small parcels and single-family subdivisions. June 7, 2005 28 Commissioner Bowden was concerned with the time involved in making changes and the necessity of having this ordinance in place now. Commissioner Davis did not want to pull the ordinance if it would affect the Kennedy property. Rezoning that property was voted upon with the understanding that the provisions of the ordinance would apply to that rezoning. The Chairman told Mr. Paladin that the ordinance would remain as is and directed Mr. Paladin to continue working with the Landscape Advisory Committee (LAC) on the language regarding small parcels and single-family subdivisions and bring it back for a public hearing. Dr. Richard Baker addressed implementing native plant requirements which the Audubon Society would like to see used in buffers, but he did not want to stop the process on the setbacks. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Bowden, for discussion, to leave the pending ordinance doctrine in place, as is. Commissioner Wheeler did not feel it was fair to the public to change the ordinance and felt that should be discussed at a public hearing. Vice Chairman Neuberger had not taken the small subdivisions into consideration before and he did not see a problem with placing the ordinance on hold to reword it. Andy Boler , Indian River Habitat for Humanity, commented that small subdivision lots should be kept for affordable housing. Commissioner Wheeler expressed an interest in seeing the Growth Awareness Committee (GAC) come up with a definition of an affordable house by Habitat for Humanity. He would like to see a special ordinance that would apply specifically to low cost housing in order to direct these issues toward that particular type of development. June 7, 2005 29 Joseph Paladin advised that he just formed a new committee to address affordable housing. Discussion continued and Commissioners Wheeler and Bowden both felt this discussion should be held at a public hearing. th Lee Bernstein , property owner on 66 Street, said he does not have a problem with the 25’ buffers, but he found that he could not subdivide his property with the ordinance as it is written. Discussion ensued regarding options for developing Mr. Bernstein’s property. Mr. Christian said nothing should be done without a public hearing. He suggested the option of a variance rather than tossing out the ordinance. The Chairman CALLED THE QUESTION and the Motion CARRIED, by a 4-1 vote, Vice Chairman Neuberger opposed. The Board approved leaving the pending ordinance doctrine in place, as is. 13.B.1. VICE CHAIRMAN ARTHUR R. NEUBERGER - THE BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE’S REQUEST TO DIRECT STAFF TO ACCELERATE IMPLEMENTATION OF THE BEACH PRESERVATION PLAN FOR SECTORS 3 AND 5 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Bowden, the Board unanimously authorized staff to accelerate June 7, 2005 30 implementation of the Beach Preservation Plan, Sector 3 and 5. 13.D. COMMISSIONER WESLEY S. DAVIS – EMERGENCY ITEM – AFFIDAVIT OF EXEMPTION PROCESS County Attorney Collins explained the Affidavit of Exemption process is time consuming and lengthy, and recommended allowing outside counsel to review the legal applications to confirm that they conform to our codes and to help speed the process. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowden, the Board unanimously authorized applicants for Affidavit of Exemption to have the option of hiring outside counsel to review the application affidavit of exemption and certify compliance with our codes as well as that the metes and bounds descriptions conform to the sketches, prior to the preparation of the necessary documents by the County Attorney’s office, as recommended in the memorandum of June 3, 2005. 14.A. EMERGENCY SERVICES DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes are being prepared separately and are appended to this document. June 7, 2005 31 14.A.1.AMRMA12, PPROVAL OF INUTES OF EGULAR EETING OF PRIL 2005 14.A.2.AMRMA19, PPROVAL OF INUTES OF EGULAR EETING OF PRIL 2005 14.A.3.DSC(PIA) ESIGN ERVICES ONTRACTS ART GREEMENTS WITH BCR/R ARTH ONSTRUCTION FOR THE ENOVATIONEPAIR OF ESS3,290043A,V RD MERGENCY ERVICES TATIONS VENUE ERO B-S,101S.HA1A,VB-S EACH TATION IGHWAY ERO EACH TATION 10,62NB,F ORTH ROADWAY ELLSMERE 14.B. SOLID WASTE DISPOSAL DISTRICT - NONE 14.C. ENVIRONMENTAL CONTROL BOARD - NONE ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK OF 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 12:23 a.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman June 7, 2005 32 Minutes Approved: _________________ BCC/MIS/2005Minutes June 7, 2005 33