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Home My WebLink About07/20/2004 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF JULY 20, 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 6.APPROVAL OF MINUTES ........................................................................ 2 7.CONSENT AGENDA ................................................................................... 2 7.A.AW ...........................................................................................2 PPROVAL OF ARRANTS 7.B.B#6079SA–SFS ID AND AMPLE GREEMENT ECURITY ENCING FOR OUTH CROWTP–NF, OUNTY EVERSE SMOSIS ATER REATMENT LANT ATIONS ENCE I.-UD ..................................................................................3 NC TILITIES EPARTMENT 7.C.B#7004–ABAS–GC- ID NNUAL ID FOR LUMINUM ULFATE ENERAL HEMICAL UD–WTD .............................3 TILITIES EPARTMENT ASTEWATER REATMENT IVISION July 20, 2004 1 7.D.B#7001–ABASBH- ID NNUAL ID FOR LUMINUM IGN LANKS AND ARDWARE USA,I.-PWD– NIVERSAL IGNS AND CCESSORIES NC UBLIC ORKS EPARTMENT TED ..............................................................................4 RAFFIC NGINEERING IVISION 7.E.B#6062–T(2)PUST ID WO OLYETHYLENE PRIGHT TORAGE ANKS FOR THE SCWTF–H OUTH OUNTY ASTEWATER REATMENT ACILITY ARRINGTON IP,LLC-UD–W NDUSTRIAL LASTICS TILITIES EPARTMENT ASTEWATER TD ................................................................................................5 REATMENT IVISION 7.F.B#6081–IH–AES,I. ID MMERSION EATERS MERICAN NGINEERING ERVICES NC –UD-WPD .....................................5 TILITIES EPARTMENT ATER RODUCTION IVISION 7.G.B#6087–TSPDC–S ID REASURE HORES ARK UNE ROSSOVER OUTHEASTERN AS,I.–PW–PD ...................................6 QUATIC EVICES NC UBLIC ORKS ARKS IVISION 7.H.O--CTCAF UTOFOUNTY RAVEL FOR OMISSIONERS TO TTEND THE LORIDA SBPA48AC TH HORE AND EACH RESERVATION SSOCIATION NNUAL ONFERENCE –CI–S29-O1,2004 ............................................6 APTIVA SLAND EPTEMBER CTOBER 7.I.RD.DL.C,D2AP ESIGNATION OF R AVID OX ISTRICT PPOINTEE TO THE LANNING ZC ..........................................................................................7 AND ONING OMMISSION 7.J.JTACOCC OEL YSON PPOINTED TO ITIZENS VERSIGHT OMMITTEE BY THE ITY OF F .................................................................................................................7 ELLSMERE 7.K.RGBBS ESIGNATION OF EORGE UNNELL FROM THE EACH AND HORE PAC .....................................................................7 RESERVATION DVISORY OMMITTEE 7.L.RN.2004-075–MBA018.............8 ESOLUTION O ISCELLANEOUS UDGET MENDMENT 7.M.FA,I.–CO-YE– LORIDFFINITY NC ONSIDERATION OF A NEEAR XTENSION PSRELA ......8 ROFESSIONAL ERVICES ELATING TO NVIRONMENTAL AND CQUISITION 7.N.RN.2004-076–PRE33611 TH ESOLUTION O ARTIAL ELEASE OF ASEMENT AT A(L28,BJ,IRHU7)–R VENUE OT LOCK NDIAN IVER EIGHTS NIT EQUESTED BY JC ...............................................................................................................8 OHN ORSO 7.O.RN.2004-077–TOV–PI(P.D.)–SDG ESOLUTION O HE AKS OF ERO HASE K,I.-CELC–AN INGS NC ALLING XISTING ETTER OF REDIT CCEPTING EW SRI–MC ECURITY FOR EMAINING MPROVEMENTS ODIFICATION TO ONTRACT CRIN.PD-01-06-15-CFC ..........9 FOR ONSTRUCTION OF EQUIRED MPROVEMENTS O July 20, 2004 2 7.P.TFCA–SAC HE LEX OMPANY OF MERICA ERVICE GREEMENT ONTRACT FOR ASS125IRS DMINISTRATION ERVICES OF ECTION NTERNAL EVENUE ERVICE C–FSA ................................................................ 10 ODE LEXIBLE PENDING CCOUNTS 8.SHERIFF – INTERLOCAL AGREEMENT FOR INTEROPERABLE COMMUNICATIONS EQUIPMENT FOR REGION 5 (CENTRAL FLORIDA TASK FORCE) – INTEROPERABLE COMMUNICATIONS TECHNOLOGY GRANT - STATEWIDE HOMELAND SECURITY STRATEGY – DOMESTIC SECURITY TASK FORCE ................................................ 10 9.A.1.PUBLIC HEARING – ORDINANCE NO. 2004-022 – WATERFRONT DEVELOPMENT OF SEBASTIAN’S APPEAL OF THE PLANNING AND ZONING COMMISSION’S DENIAL OF A REQUEST TO REZONE 1.98 ACRES FROM CL TO OCR (QUASI-JUDICIAL) ................................................................................... 11 9.A.2.PUBLIC HEARING ORDINANCE #2004-023 – AMEND SECTION 102.01 BOARD OF COUNTY COMMISSIONERS MEETINGS AND PROCEDURES – PROVIDE FOR ONE NIGHT TIME MEETING PER MONTH (LEGISLATIVE) .............................. 14 9.A.3.PUBLIC HEARING – SHERIFF’S OFFICE – 2004-05 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) (LEGISLATIVE) ......................................................................................... 15 PUBLIC DISCUSSION ITEM PROCEDURES .......................................................... 16 9.B.1.PUBLIC DISCUSSION ITEM - BRIAN T. HEADY – QUALITY OF LIFE, TAX BURDEN, AND EXPENDITURES .............................. 16 July 20, 2004 3 RD 9.B.2.PUBLIC DISCUSSION ITEM – TIM ZORC – 43 AVENUE WIDENING PROJECT ............................................................................. 16 9.B.3.PUBLIC DISCUSSION ITEM – JERRY LAWRENCE – RD WIDENING OF 43 AVENUE ................................................................ 17 9.B.4.PUBLIC DISCUSSION ITEM – KEVIN CRESS – WIDENING OF THTHRD 20, 27, AND 43 AVENUES ............................................................. 17 9.B.5.PUBLIC DISCUSSION ITEM – TONI CRESS – WIDENING OF THTHRD 20, 27, AND 43 AVENUES .............................................................. 17 9.B.6.PUBLIC DISCUSSION ITEM – DIAN GEORGE - WIDENING THTHRD OF 20, 27, AND 43 AVENUES ....................................................... 18 9.B.7.PUBLIC DISCUSSION ITEM – MARGE BIGGE - WIDENING THTHRD OF 20, 27, AND 43 AVENUES ....................................................... 18 9.B.8.PUBLIC DISCUSSION ITEM – PEARL STAFURA - WIDENING THTHRD OF 20, 27, AND 43 AVENUES ....................................................... 18 9.B.9.PUBLIC DISCUSSION ITEM – TEDDI KLEIN - WIDENING OF THTHRD 20, 27, AND 43 AVENUES .............................................................. 18 9.B.10.PUBLIC DISCUSSION ITEM – DOUG CUFFE - WIDENING OF RD 43 AVENUE.............................................................................................. 18 9.B.11.PUBLIC DISCUSSION ITEM – ADRIENE CUFFE - WIDENING RD OF 43 AVENUE ....................................................................................... 19 July 20, 2004 4 9.B.12.PUBLIC DISCUSSION ITEM – DENIS SCARPINATO DVM - RD WIDENING OF 43 AVENUE ................................................................ 19 9.B.13.PUBLIC DISCUSSION ITEM – JENNY LIANG - WIDENING OF RD 43 AVENUE.............................................................................................. 19 9.B.14.PUBLIC DISCUSSION ITEM – HAROLD KURZWEG ..................... 19 9.B.15.PUBLIC DISCUSSION ITEM – PAULINE KORN .............................. 20 9.B.16.PUBLIC DISCUSSION ITEM – DR. NICHOLAS LIMBERIS ........... 20 9.B.17.PUBLIC DISCUSSION ITEM – ANNE BURLESON ........................... 20 9.B.18.PUBLIC DISCUSSION ITEM – MINDY STONE ................................. 20 9.B.19.PUBLIC DISCUSSION ITEM – RICHARD OUJEVOLK ................... 21 9.B.20.PUBLIC DISCUSSION ITEM – JEFF THOMPSON............................ 21 9.B.21.PUBLIC DISCUSSION ITEM – KAREN SWANSON .......................... 21 9.C.1.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON AUGUST 10, 2004 ............................................................ 22 A.SKVLLC–R+160RM-3, ERO EQUEST TO REZONE ACRES FROM M-FRD(3),RM-6, ULTIAMILY ESIDENTIAL ISTRICT UP TO UNITS PER ACRES TO M-FRD(6).T ULTIAMILY ESIDENTIAL ISTRICT UP TO UNITS PER ACRE HE 8S TH SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF TREET July 20, 2004 5 98A.SKVLLC,O.BB,A. TH AND VENUE ERO WNER RUCE ARKETT GENT (Q-J) .................................................................................................... 22 UASIUDICIAL B.PVLLC:R+81RM-3, ETRUS ERUS EQUEST TO REZONE ACRES FROM M-FRD(3),RM-6, ULTIAMILY ESIDENTIAL ISTRICT UP TO UNITS PER ACRE TO M-FRD(6).S ULTIAMILY ESIDENTIAL ISTRICT UP TO UNITS PER ACRE UBJECT P1,300’98A,12S. THTH ROPERTY IS LOCATED EAST OF VENUE NORTH OF TREET PVLLC,O.BB,A.(Q-J) ...... 22 ETRUS ERUS WNER RUCE ARKETT GENT UASIUDICIAL 9.C.2.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON AUGUST 17, 2004 ............................................................ 23 A.L:RR+/-20.48AFA-1A IER EQUEST TO EZONE CRES ROM GRICULTURAL D(1/5),RS-6,S-FR ISTRICT UP TO UNIT ACRES TO INGLEAMILY ESIDENTIAL D(6/),3.4AA-1CON-2, ISTRICT UP TO UNITSACRE AND CRES FROM TO CD(1/40).TSP ONSERVATION ISTRICT UP TO UNIT ACRES HE UBJECT ROPERTY LSCWC(C.R. IS OCATED AT THE OUTHEAST ORNER OF THE ABASSO AUSEWAY 510)IRL.JM.LT,O. AND THE NDIAN IVER AGOON EANNETTE IER RUST WNER BB,A(Q-J) .......................................................... 23 RUCE ARKETT GENT UASIUDICIAL 9.C.3.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON SEPTEMBER 7, 2004 ..................................................... 23 A.JBF:RR+/-78AL OAR ARMS EQUEST TO EZONE CRES OCATED AT THE SC27A17SS.W.A-1, THTH OUTHWEST ORNER OF VENUE AND TREET FROM AD(1/5),RS-3,SF GRICULTURAL ISTRICT UP TO UNIT ACRES TO INGLE AMILY RD(3/).JBF,O. ESIDENTIAL ISTRICT UP TO UNITSACRE OAR ARMS WNER SH,I.,A.(Q-J) .................................................. 23 HELBY OMES NC GENT UASIUDICIAL B.M:RR+/-36.5ALS IXELL EQUEST TO EZONE CRES OCATED AT THE OUTHEAST C74A33S,A-1,A THRD ORNER OF VENUE AND TREET FROM GRICULTURAL D(1/5),RS-3,SFR ISTRICT UP TO UNIT ACRES TO INGLE AMILY ESIDENTIAL D(3/).LE.MTVL. ISTRICT UP TO UNITSACRE LONALD IXELL RUSTEE AND IKKI MT(Q-J) ...................................................................... 24 IXELL RUSTEE UASIUDICIAL July 20, 2004 6 11.A.1.COMMUNITY DEVELOPMENT – CONSIDERATION OF SUBMITTAL OF A COMPREHENSIVE PLAN AMENDMENT APPLICATION TO LOWER THE TRANSPORTATION LEVEL OF SERVICE TO “F” ON SELECTED ROADS ................................... 24 11.A.2.COMMUNITY DEVELOPMENT – CONSIDERATION OF SINGLE-FAMILY LOT ELEVATION ISSUES .................................... 29 11.A.3.COMMUNITY DEVELOPMENT – CONSIDERATION OF CONSTRUCTION NUISANCE ISSUES ................................................. 30 11.B.1.EMERGENCY SERVICES – FY 2004/2005 AND 2005/2006 RADIOLOGICAL EMERGENCY PREPAREDNESS AGREEMENT (REP GRANT) – AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY ............................................................... 31 11.B.2.EMERGENCY SERVICES – FY 2004/2005 EMERGENCY MANAGEMENT STATE HOMELAND SECURITY GRANT – AGREEMENT WITH DEPARTMENT OF COMMUNITY AFFAIRS ...................................................................................................... 32 11.C.1.GENERAL SERVICES – JAIL DESIGN CONSULTANT RANKINGS AND AUTHORIZATION TO COMMENCE CONTRACT NEGOTIATIONS WITH FIRST RANKED FIRM (CLEMONS, RUTHERFORD AND ASSOCIATES, INC. ................... 32 11.C.2.GENERAL SERVICES – ACCEPT WRITTEN QUOTES IN LIEU OF SEALED BIDS FOR REPLACEMENT OF JAIL BOILER AND WATER STORAGE TANK – BREVARD BOILER COMPANY .................................................................................................. 33 July 20, 2004 7 11.C.3.GENERAL SERVICES – UPDATE ON OLD FELLSMERE SCHOOL RESTORATION PROJECT AND FUTURE PLANS FOR CONTINUATION ............................................................................. 33 11.I.1.PUBLIC WORKS – RESOLUTION NO. 2004-078 – GROVENOR ESTATES SUBDIVISION PAVING AND DRAINAGE THTH IMPROVEMENTS – 34 AVENUE S.W. AND 35 AVENUE S.W. INCLUDING INTERSECTING STREETS – AS-BUILT RESOLUTION AND FINAL ASSESSMENT ROLL – INDIAN RIVER COUNTY PROJECT #9918 ........................................................ 34 11.I.2.PUBLIC WORKS – VERO LAKE ESTATES STORMWATER IMPROVEMENTS PHASE I- CHANGE ORDER NO. 002 TO DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) CONTRACT NO. WM803 (SECTION 319(H) GRANT) ...................... 35 11.I.3.PUBLIC WORKS – STATUS REPORT ON OAK CHASE SUBDIVISION CONCERNING REQUIRED IMPROVEMENTS ..... 36 11.J.1.UTILITIES SERVICES – RESOLUTION NO. 2004-079 AND 2004-080 – WEST SIDE VILLAS PETITION WATER SERVICES THSTTHST – 24 STREET, 81 TERRACE, 80 AND 81 COURTS, EAST ND OF 82 AVENUE – RESOLUTIONS I AND II - PROJECT NO. UCP-2393 ...................................................................................................... 36 11.J.2.UTILITIES SERVICES – POST BUCKLEY, SCHUH & JERNIGAN, INC. (PBS&J) – WORK ORDER NO. 1 – SCOPE OF SERVICES - REUSE FEASIBILITY STUDY – WEST REGIONAL WASTEWATER TREATMENT FACILITY.................. 37 July 20, 2004 8 11.J.3.UTILITIES SERVICES FY 2004/2005 – ST. JOHNS RIVER WATER MANAGEMENT DISTRICT – ALTERNATIVE WATER SUPPLY CONSTRUCTION COST-SHARING PROGRAM GRANT APPLICATION FOR ELIMINATION OF REVERSE OSMOSIS CONCENTRATE INTO THE INDIAN RIVER LAGOON ....................................................................................... 38 13.ACHAIRMAN CAROLINE D. GINN – DISCUSSION OF COMMISSIONERS’ RECOMMENDATIONS RELATED TO GROWTH TASK FORCE REPORT ....................................................... 38 13.B.VICE CHAIRMAN ARTHUR R. NEUBERGER – ST. JOHNS RIVER ALLIANCE FISCAL YEAR 2005 FUNDING .......................... 39 13.C.COMMISSIONER FRAN B. ADAMS ..................................................... 39 13.D.COMMISSIONER THOMAS S. LOWTHER ........................................ 40 13.E.COMMISSIONER KENNETH R. MACHT ........................................... 40 DOCUMENTS MADE PART OF THE RECORD...................................................... 40 TRAFFICIMPACTFEECREDITAGREEMENT–DODGERTOWN VENTURE,LLLP(A3/23/04RN.2004-033) .......... 40 UTHORIZED BY ESOLUTION O CITYOFSEBASTIANANNEXATION–ORDINANCENO.O-04-09ADOPTED JULY14,2004–38.27ACRESWESTOFSEBASTIANRIVERSOUTH PRONGANDEASTOFCR510(PARTOFSEC.26,TWP31,RGE38) ........... 40 14.A.EMERGENCY SERVICES DISTRICT .................................................. 40 July 20, 2004 9 14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 41 14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 41 July 20, 2004 10 July 20, 2004 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, July 20, 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. (Clerk’s Note: Chairman Ginn was called away from the meeting at the break due to a family medical emergency.) Also present were Joseph Baird, County Administrator; William G. Collins II, County Attorney; Kimberly Massung, Executive Aide to the Board; and Patricia Ridgely, Deputy Clerk. 1. CALL TO ORDER Chairman Ginn called the meeting to order. 2. INVOCATION Pastor Ray Scent, Gathering of Devoted Servants, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Lowther led the Pledge of Allegiance to the Flag. July 20, 2004 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Ginn requested the following changes to today’s Agenda: 1.9.B.7. Withdrawn 2.11.I.3. Defer to August 17, 2004 3.13.A. Defer to August 17, 2004 ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously made the above changes to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS None. 6. APPROVAL OF MINUTES None 7. CONSENT AGENDA 7.A. AW PPROVAL OF ARRANTS ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for July 2-8, 2004, as requested. July 20, 2004 2 7.B. B#6079SA–SF ID AND AMPLE GREEMENT ECURITY ENCING FOR SCROWTP– OUTH OUNTY EVERSE SMOSIS ATER REATMENT LANT NF,I.-UD ATIONS ENCE NC TILITIES EPARTMENT ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously awarded Bid #6079 to Nations Fence, Inc., in the amount of $78,411, as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid; and approved the proposed sample agreement and authorized the Chairman to execute said agreement when required performance and payment bonds have been submitted along with appropriate certification of insurance and the County Attorney has approved the agreement as to form and legal sufficiency, as recommended in the memorandum of July 6, 2004. BID DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.C. B#7004–ABAS–G ID NNUAL ID FOR LUMINUM ULFATE ENERAL C-UD–WT HEMICAL TILITIES EPARTMENT ASTEWATER REATMENT D IVISION ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously awarded Bid #7004 to General Chemical, in the amount of $11,934 as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid, authorized establishment of an Open End Contract for the July 20, 2004 3 period of October 1, 2004 through September 30, 2005, with the same bidder, and 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 this annual contract is in the best interest of Indian River County, as recommended in the memorandum of. July 6, 2004. 7.D. B#7001–ABASB ID NNUAL ID FOR LUMINUM IGN LANKS AND H-USA,I.-P ARDWARE NIVERSAL IGNS AND CCESSORIES NC UBLIC WD–TED ORKS EPARTMENT RAFFIC NGINEERING IVISION ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously awarded Bid #7001 to Universal Signs and Accessories, Inc., as the overall most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid; authorized staff to establish an Open End Contract for the Period October 1, 2004, through September 30, 2005, with the same vendor; and authorized the Purchasing Manager to renew this contract for two 2) additional one (1) year periods subject to satisfactory performance, zero cost increase, vendor acceptance and the determination that renewal of this annual contract is in the best interest of the County, as recommended in the memorandum of July 8, 2004. July 20, 2004 4 7.E. B#6062–T(2)PUST ID WO OLYETHYLENE PRIGHT TORAGE ANKS SCWTF– FOR THE OUTH OUNTY ASTEWATER REATMENT ACILITY HIP,LLC-U ARRINGTON NDUSTRIAL LASTICS TILITIES D–WTD EPARTMENT ASTEWATER REATMENT IVISION ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously awarded Bid #6062 to the second lowest bidder, Harrington Industrial Plastics, LLC, in the amount of $36,471.36, as the most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid, as recommended in the memorandum of July 6, 2004. (Note: This bidder was the only one who offered to provide voluntary service to periodically return to the installation site and check the condition of the tanks, which is critical because the tanks are used for bulk storage of chemicals used at the wastewater treatment plants.) 7.F. B#6081–IH–AE ID MMERSION EATERS MERICAN NGINEERING S,I.–UD-WP ERVICES NC TILITIES EPARTMENT ATER RODUCTION D IVISION ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously awarded Bid #6081 to the second low bidder, American Engineering July 20, 2004 5 Services, Inc., in the amount of $21,650., as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid, as recommended in the memorandum of July 8, 2004. (Note: The apparent low bidder, Multi-Source Electric & Industrial Corp. did not include installation costs in their unit price as specified in the bid documents. Staff has confirmed that the price submitted by American Engineering Services, Inc., does include installation.) 7.G. B#6087–TSPDC– ID REASURE HORES ARK UNE ROSSOVER SAS,I.–PW–P OUTHEASTERN QUATIC EVICES NC UBLIC ORKS ARKS D IVISION ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously awarded Bid #6087 to Southeastern Aquatic Services, Inc., in the amount of $17,817.92, for Option II using choice deck as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid, as recommended in the memorandum of July 7, 2004. 7.H. O--CTCA UTOFOUNTY RAVEL FOR OMISSIONERS TO TTEND THE FSBPA48 TH LORIDA HORE AND EACH RESERVATION SSOCIATION AC–CI–S NNUAL ONFERENCE APTIVA SLAND EPTEMBER 29-O1,2004 CTOBER July 20, 2004 6 ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved out-of-county travel for Commissioners to attend the th Florida Shore & Beach Preservation Association’s 48 Annual Conference in Captiva Island, September 29-October 1, 2004, as recommended in the memorandum of July 13, 2004. 7.I. RD.DL.C,D2A ESIGNATION OF R AVID OX ISTRICT PPOINTEE TO PZC THE LANNING AND ONING OMMISSION The Board accepted the resignation of David L. Cox, Ph.D. from the Planning and Zoning Commission as indicated in the memorandum of July 13, 2004. 7.J. JTACOC OEL YSON PPOINTED TO ITIZENS VERSIGHT OMMITTEE BY CF THE ITY OF ELLSMERE The Board noted the appointment of Mr. Tyson by the City of Fellsmere to the Citizens Oversight Committee. 7.K. RGBBS ESIGNATION OF EORGE UNNELL FROM THE EACH AND HORE PAC RESERVATION DVISORY OMMITTEE The Board noted the resignation of Mr. George Bunnell from the Beach and Shore Preservation Advisory Committee. July 20, 2004 7 7.L. RN.2004-075–MB ESOLUTION O ISCELLANEOUS UDGET A018 MENDMENT ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously adopted Resolution No. 2004-075 amending the Fiscal Year 2003-2004 Budget. (Misc. Budget Amendment 018) 7.M. FA,I.–CO-Y LORIDFFINITY NC ONSIDERATION OF A NEEAR E–PSR XTENSION ROFESSIONAL ERVICES ELATING TO ELA NVIRONMENTAL AND CQUISITION ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved and authorized the Chairman to execute the proposed one-year Extension of Agreement for Professional Services between Indian River County and FloridAffinity, Inc., as recommended in the memorandum of July 14, 2004. AMENDMENT OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.N. RN.2004-076–PRE ESOLUTION O ARTIAL ELEASE OF ASEMENT AT 33611A(L28,BJ,IRHU TH VENUE OT LOCK NDIAN IVER EIGHTS NIT 7)–RJC EQUESTED BY OHN ORSO July 20, 2004 8 ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously adopted Resolution No. 2004-076 releasing a portion of an easement on Lot 28, Block J, Indian River Heights Subdivision Unit 7. 7.O. RN.2004-077–TOV–PI(P.D.) ESOLUTION O HE AKS OF ERO HASE –SDGK,I.-CELC– INGS NC ALLING XISTING ETTER OF REDIT ANSRI– CCEPTING EW ECURITY FOR EMAINING MPROVEMENTS MCCR ODIFICATION TO ONTRACT FOR ONSTRUCTION OF EQUIRED IN.PD-01-06-15-CFC MPROVEMENTS O ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved the Modification to Contract for Construction of Required Improvements No. PD-01-06-15-CFC; authorized the Chairman to execute the same; and adopted Resolution No. 2004-077 declaring default by SDG Kings, Inc., a Florida Corporation, in its obligation to complete required improvements to The Oaks of Vero – P.D., Phase 1, and authorizing staff to make sight draft against Citrus Bank, N. A. Irrevocable Standby Letter of Credit No. 2323454, dated August 15, 2003, as amended by Amendment Number 1 dated August 26, 2003, all as recommended in the memorandum of July 12, 2004. MODIFICATION TO CONTRACT IS ON FILE July 20, 2004 9 IN THE OFFICE OF THE CLERK TO THE BOARD 7.P. TFCA–SA HE LEX OMPANY OF MERICA ERVICE GREEMENT CASS125 ONTRACT FOR DMINISTRATION ERVICES OF ECTION IRSC–FS NTERNAL EVENUE ERVICE ODE LEXIBLE PENDING A CCOUNTS ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved the Service Agreement with the Flex Company of America to administer the flexible benefit plan, as recommended in the memorandum of July 14, 2004. SERVICE AGREEMENT CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8. SHERIFF – INTERLOCAL AGREEMENT FOR INTEROPERABLE COMMUNICATIONS EQUIPMENT FOR REGION 5 (CENTRAL FLORIDA TASK FORCE) – INTEROPERABLE COMMUNICATIONS TECHNOLOGY GRANT - STATEWIDE HOMELAND SECURITY STRATEGY – DOMESTIC SECURITY TASK FORCE ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved the Interlocal Agreement for Interoperable Communications July 20, 2004 10 Equipment for Region 5 and authorized the Chairman and the Sheriff to sign the Agreement and authorized up to $63,550 in unallocated drug-related Forfeiture Funds to satisfy the financial obligations of the grant, as recommended in the memorandum of July 14, 2004. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 9.A.1. PUBLIC HEARING – ORDINANCE NO. 2004-022 – WATERFRONT DEVELOPMENT OF SEBASTIAN’S APPEAL OF THE PLANNING AND ZONING COMMISSION’S DENIAL OF A REQUEST TO REZONE 1.98 ACRES FROM CL TO OCR (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 reviewed the memorandum of July 9, 2004 in the backup. He emphasized that this is exempt from concurrency. The property is designated commercial and either commercial district would be consistent with the Comprehensive Plan. There are constraints as to environmental impacts such as shoreline buffer from St. Sebastian River, tree protection, wetlands, and possibly archeological artifacts. He explained the differences between CL and OCR, gave examples of uses for each zoning, and explained the Planning and Zoning Commission’s decision to deny the request. He explained that staff felt that OCR would be more compatible than CL and therefore recommended the Board support the request of the applicant. July 20, 2004 11 Commissioner Macht felt staff was correct from a technical point-of-view, but the public feels it is not compatible. He explained this property did not meet all the criteria when it was originally considered for acquisition by the Land Acquisition Advisory Committee (LAAC). He thought the property is more suitable to be zoned CL. He saw no compelling reason to overturn the P & Z’s decision. Vice Chairman Neuberger, Commissioner Lowther, and Commissioner Macht agreed that the property should be acquired through the land acquisition process. In reply to Chairman Ginn, Director Keating responded that a gas station and convenience store could be built on the property and that troubled Chairman Ginn. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. Bruce Barkett, attorney for the applicant, advised that since the P & Z meeting his client has agreed to restrictive covenant on the use of the parcels of property. He gave copies of the restrictive covenant to each Commissioner for their inspection and explained the limitations to which his client had agreed against his advice. The restrictive covenant will limit Lots 2 and 3 to single-family and Lot 1 to OCR. This will give much less intensive use to the property. He also addressed the concerns of the P & Z and BCC. (Clerk’s Note: The Restrictive Covenant has been recorded in the Public Records of Indian River County.) th James Applegate , 14445 80 Avenue, Sebastian, had met with the applicant and suggested the Board proceed with caution and limit development to what is in the covenant. He was opposed to townhouses. The appropriate area of the covenant was read aloud and Mr. Applegate stated the agreement is now acceptable. th Charlene Applegate, 14445 80 Avenue, Sebastian, inquired whether this covenant would remain in the event of a sale of the property, and County Attorney Collins assured her that once the restrictive covenant is recorded it would bind any future owner(s) of that property. July 20, 2004 12 nd Frank Wegel , 8060 142 Street, Sebastian, as vice president of the Friends of St. Sebastian River, was asked to talk on its behalf of the concern for compatibility with the river. Initially they wanted no multi-family housing and no businesses on the river and he read a statement on behalf of the Friends. As a resident, he understood that a principal of the developer initially stated they just wanted 3 single-family houses and he had thought there was an agreement then. The Chairman asked if anyone else wished to be heard with regard to this matter. There were none and the Chairman closed the public hearing. Commissioner Macht asked for a final explanation, Director Keating pointed out that on the plat, the 1.9 acres was divided into 3 lots. Mr. Barkett specified that Lots 2 and 3 will be single-family and OCR on Lot 1 is generally office use. Discussion ensued. ON MOTION by Commissioner Macht, SECONDED by Vice Chairman Neuberger, the Board unanimously granted the applicants’ appeal of the Planning and Zoning Commission’s decision and adopted Ordinance No. 2004-022 amending the Zoning Ordinance and the accompanying zoning map for approximately 1.98 acres located at the southwest corner of US#1 and the St. Sebastian River, from CL, limited commercial district, to OCR, office, commercial, residential district; and providing codification, severability, and effective date. (Clerk’s Note: Adoption of this ordinance was conditioned on the recording of a certain Declaration of Restrictive Covenant July 20, 2004 13 as proffered by the applicant’s attorney. It was recorded in Book 1762, Page 1148, on 7/22/04.) COPY OF RECORDED DECLARATION OF RESTRICTIVE COVENANT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 9.A.2. PUBLIC HEARING ORDINANCE #2004-023 – AMEND SECTION 102.01 BOARD OF COUNTY COMMISSIONERS MEETINGS AND PROCEDURES – PROVIDE FOR ONE NIGHT TIME MEETING PER MONTH (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD County Attorney Collins reviewed the memo dated July 14, 2004. It was up to the Board when they wanted to hold their first evening meeting and at what time. The Ordinance will become effective when received by the Secretary of State. The Chairman opened the public hearing and asked if anyone wished to be heard with regard to this matter. Brian Heady , Vero Beach, was curious to know if they would have a cutoff time. The Chairman asked if anyone else wished to be heard regarding this matter. There were none and she closed the public hearing. County Attorney Collins stated there is nothing in the ordinance at present that provides for a time to end the meeting. He noted that the Planning & Zoning Commission established a rule of ending their meetings by 11 pm. July 20, 2004 14 Discussion ensued on what time the meeting should commence and whether to establish a time for ending the meeting. There was CONSENSUS that they would begin the evening meetings at 6 p.m. and it would be left to the Commissioners to decide when to end it. The nd first evening meeting would be held on September 14, 2004 (2 Tuesday). ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously adopted Ordinance No. 2004-023 amending Code Section 102.01, Board of County Commissioners Meetings and Procedures, to provide for one nighttime meeting per month. (The evening meeting shall be the second Tuesday of each month. The first evening meeting shall be September 14, 2004. The evening meetings shall commence at 6 p.m.) 9.A.3. PUBLIC HEARING – SHERIFF’S OFFICE – 2004-05 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. There were none and the Chairman closed the public hearing. ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved submission of application for the 2004-05 local law enforcement block grant (LLEBG), as requested in the Sheriff’s letter of July 8, 2004. July 20, 2004 15 PUBLIC DISCUSSION ITEM PROCEDURES Chairman Ginn explained there would be a limitation of 3 minutes on the Public Discussion Items and, while the Board did not mean to be rude, when the bell rings the speakers must stop their comments. Commissioner Lowther stated that Richard Oujevolk (9.B.19.) had prepared a Power Point presentation but could not be present and Ms. Adriene Cuffe wanted to use her time and her husband’s (9.B.10 and 11.) to read Mr. Oujevolk’s presentation; it would take about 6 minutes. There was CONSENSUS to permit Mrs. Cuffe to do as requested and to do that ahead of the others who were signed up to speak on road widening issues. (Clerk’s Note: Although Mrs. Cuffe’s presentation was given before 9.B.2. it is listed under Mr. & Mrs. Cuffe’s item numbers 9.B.10. & 11.) 9.B.1. PUBLIC DISCUSSION ITEM - BRIAN T. HEADY – QUALITY OF LIFE, TAX BURDEN, AND EXPENDITURES Brian Heady , Vero Beach, quoted Article I Section 5 of the Florida Constitution and spoke on citizens’ rights to instruct their representatives. NO ACTION REQUIRED OR TAKEN. RD 9.B.2. PUBLIC DISCUSSION ITEM – TIM ZORC – 43 AVENUE WIDENING PROJECT th Tim Zorc , 4415 5 Place SW, representing the Treasure Coast Builders rd Association, favored a boulevard beautification plan on future road projects. He thought 43 Avenue needed to be widened but without a continuous turn lane. He understood that if the Board July 20, 2004 16 decided to change the LOS to F, they would also have to consider changes to the Comp Plan Policies 1.1, 1.2, 1.3 and 1.4 as well as 2.3 of the MPO’s Congestion Management Plan. Also, he commented that the Growth Task Force was not dominated by developers; if it was dominated by any group it was by the Indian River Neighborhood Association. He thought at least half of the 35 GTF members belonged to the IRNA. He pointed out that Mark Brackett and himself, the only two developers on the GTF, were among the 14 who voted against expansion of urban service area. rd He wanted to see what could be done to make the 43 Avenue project look better and made more appealing. He also wanted to know how to assure that future road projects have the boulevard concept written into the request for proposals in order to make all the new roads in Indian River County look as good as possible. He pointed out that Ft. Pierce did a great job on the beautification of Orange Avenue as an entrance to their city. NO ACTION REQUIRED OR TAKEN. 9.B.3. PUBLIC DISCUSSION ITEM – JERRY LAWRENCE – RD WIDENING OF 43 AVENUE Jerry Lawrence was not present when called. 9.B.4. PUBLIC DISCUSSION ITEM – KEVIN CRESS – WIDENING THTHRD OF 20, 27, AND 43 AVENUES Kevin Cress was not present when called. 9.B.5. PUBLIC DISCUSSION ITEM – TONI CRESS – WIDENING OF THTHRD 20, 27, AND 43 AVENUES Toni Cress was not present when called. Tony McKenna wanted to speak instead but the Chairman ruled against the request. July 20, 2004 17 9.B.6. PUBLIC DISCUSSION ITEM – DIAN GEORGE - WIDENING THTHRD OF 20, 27, AND 43 AVENUES th Dian George , 1515 27 Avenue, commented on statements made at past meetings concerning widening roads. She requested a straw vote on the November ballot about whether the voter was in favor or opposed to road widening. She believed the general public is opposed to widening these roads and the Commissioners should vote for what the people want. NO ACTION REQUIRED OR TAKEN. 9.B.7. PUBLIC DISCUSSION ITEM – MARGE BIGGE - WIDENING THTHRD OF 20, 27, AND 43 AVENUES Withdrawn. 9.B.8. PUBLIC DISCUSSION ITEM – PEARL STAFURA - THTHRD WIDENING OF 20, 27, AND 43 AVENUES Pearl Stafura was not present when called. 9.B.9. PUBLIC DISCUSSION ITEM – TEDDI KLEIN - WIDENING OF THTHRD 20, 27, AND 43 AVENUES Teddi Klein was not present when called. 9.B.10. PUBLIC DISCUSSION ITEM – DOUG CUFFE - WIDENING OF RD 43 AVENUE Doug Cuffe’s time was given to Adriene Cuffe to read Mr. Oujevolk’s presentation. July 20, 2004 18 9.B.11. PUBLIC DISCUSSION ITEM – ADRIENE CUFFE - WIDENING RD OF 43 AVENUE Adriene Cuffe read a PowerPoint presentation by Richard Oujevolk earlier in the meeting which referred to a computer software simulation for traffic studies. (A copy of this presentation is on file with the backup in the office of the Clerk to the Board.) NO ACTION REQUIRED OR TAKEN. 9.B.12. PUBLIC DISCUSSION ITEM – DENIS SCARPINATO DVM - RD WIDENING OF 43 AVENUE Dr. Scarpinato was not present when called. 9.B.13. PUBLIC DISCUSSION ITEM – JENNY LIANG - WIDENING RD OF 43 AVENUE Jenny Liang , representing her parents who own Szechuan Palace, wanted the rd Commissioners to understand that widening 43 Avenue at the SR 60 intersection will negatively impact their business. NO ACTION REQUIRED OR TAKEN. 9.B.14. PUBLIC DISCUSSION ITEM – HAROLD KURZWEG th Harold Kurzweg , 4317 9 Place, Glendale Lakes, read from prepared comments. rd He believed turn lanes were an easy resolution to backups. He thought the major problem on 43 rd Avenue appears to be at the SR 60 intersection. He believed that 43 Avenue should be 3 lanes and the citizens should have what they want. July 20, 2004 19 NO ACTION REQUIRED OR TAKEN. 9.B.15. PUBLIC DISCUSSION ITEM – PAULINE KORN th Pauline Korn , 240 44 Terrace SW, Forest Lake, believed an I-95 interchange at Indrio (she meant Oslo) Road would improve many traffic problems and that project needed to be rd moved up on the schedule. She recommended a solution for traffic on 43 Avenue is to have “no thru traffic” signs because the general public is against widening it. NO ACTION REQUIRED OR TAKEN. 9.B.16. PUBLIC DISCUSSION ITEM – DR. NICHOLAS LIMBERIS thrd Dr. Nicholas Limberis , 1526 48 Court, Vero Beach, was happy when he saw 43 Avenue would be 3 lanes and sad when it went back to 5 lanes. He wanted to make two points: rd first, leave 43 Avenue alone because it is working now and will work in the future and we have thrd 58 Avenue to help alleviate traffic. Second, the homes on 43 Avenue have a right to not have their front doors on a highway. NO ACTION REQUIRED OR TAKEN. 9.B.17. PUBLIC DISCUSSION ITEM – ANNE BURLESON nd Anne Burleson , 4304 2 Square SW, Forest Lake, understood it is obvious that the Comp Plan needs to be changed. She agreed that removal of truck traffic would make a difference rd in the level of service on 43 Avenue. NO ACTION REQUIRED OR TAKEN. 9.B.18. PUBLIC DISCUSSION ITEM – MINDY STONE July 20, 2004 20 th Mindy Stone, 1956 19 Avenue, Vero Beach, displayed a photograph of a house th that lost all its frontage because it now abuts the sidewalk on 58 Avenue. She also pointed out that the road is above the grade of the house. Her point was the house will not increase in value rdrd and the same will happen on 43 Avenue. She asked the Board not to widen 43 Avenue and reconsider the alternatives including mass transit. NO ACTION REQUIRED OR TAKEN. 9.B.19. PUBLIC DISCUSSION ITEM – RICHARD OUJEVOLK Adriene Cuffe read a PowerPoint presentation by Richard Oujevolk earlier in the meeting that referred to a computer software simulation for traffic studies. (A copy of this presentation is on file with the backup in the office of the Clerk to the Board.) NO ACTION REQUIRED OR TAKEN. 9.B.20. PUBLIC DISCUSSION ITEM – JEFF THOMPSON Jeff Thompson , 2307 Seville Avenue, stated that the County has done a lot of progressive planning and paid good people to work on a good plan. He believed that people come here because of the thoughtful planning. The Comp Plan will not allow this county to turn into Palm Beach County and he did not think gridlock is a solution. The Commission needs to take a hard look at this issue, make some hard decisions, and be fair to the entire community remembering that it is impossible to please everyone. NO ACTION REQUIRED OR TAKEN. 9.B.21. PUBLIC DISCUSSION ITEM – KAREN SWANSON July 20, 2004 21 rd Karen Swanson , 1048 E Polo Grounds Drive, supported the widening of 43 Avenue and the Comp Plan. She was familiar with the use of a pedestrian bridge for use in crossing wide streets. She wanted to hear some positive support for staff and she supports controlled growth. NO ACTION REQUIRED OR TAKEN. CHAIRMAN GINN DECLARED A RECESS AT 10:27 AM. AT 10:35 A.M. VICE CHAIRMAN NEUBERGER RECONVENED THE MEETING AND ADVISED THAT CHAIRMAN GINN HAD TO LEAVE THE MEETING DUE TO A FAMILY MEDICAL EMERGENCY. 9.C.1. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON AUGUST 10, 2004 A.SKVLLC–R+160RM-3, ERO EQUEST TO REZONE ACRES FROM M-FRD(3), ULTIAMILY ESIDENTIAL ISTRICT UP TO UNITS PER ACRES RM-6,M-FRD(6 TO ULTIAMILY ESIDENTIAL ISTRICT UP TO UNITS PER ).T ACRE HE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST 8S98A.SKVLLC,O. THTH CORNER OF TREET AND VENUE ERO WNER BB,A.(Q-J) RUCE ARKETT GENT UASIUDICIAL B.PVLLC:R+81RM-3, ETRUS ERUS EQUEST TO REZONE ACRES FROM M-FRD(3), ULTIAMILY ESIDENTIAL ISTRICT UP TO UNITS PER ACRE TO RM-6,M-FRD(6 ULTIAMILY ESIDENTIAL ISTRICT UP TO UNITS PER ).SP1,300’98A, TH ACRE UBJECT ROPERTY IS LOCATED EAST OF VENUE July 20, 2004 22 12S.PVLLC,O.B TH NORTH OF TREET ETRUS ERUS WNER RUCE B,A.(Q-J) ARKETT GENT UASIUDICIAL Vice Chairman Neuberger read the above notices into the record. 9.C.2. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON AUGUST 17, 2004 A. L:RR+/-20.48AFA-1 IER EQUEST TO EZONE CRES ROM AD(1/5),RS-6, GRICULTURAL ISTRICT UP TO UNIT ACRES TO S-FRD(6/), INGLEAMILY ESIDENTIAL ISTRICT UP TO UNITSACRE 3.4AA-1CON-2,CD( AND CRES FROM TO ONSERVATION ISTRICT UP 1/40).TSPL TO UNIT ACRES HE UBJECT ROPERTY IS OCATED AT THE SCWC(C.R.510) OUTHEAST ORNER OF THE ABASSO AUSEWAY AND IRL.JM.LT,O. THE NDIAN IVER AGOON EANNETTE IER RUST WNER BB,A(Q-J) RUCE ARKETT GENT UASIUDICIAL Vice Chairman Neuberger read the above notices into the record. 9.C.3. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON SEPTEMBER 7, 2004 A.JBF:RR+/-78AL OAR ARMS EQUEST TO EZONE CRES OCATED AT THE SC27A17SS.W. THTH OUTHWEST ORNER OF VENUE AND TREET FROM A-1,AD(1/5),RS-3, GRICULTURAL ISTRICT UP TO UNIT ACRES TO SFRD(3/).JB INGLE AMILY ESIDENTIAL ISTRICT UP TO UNITSACRE OAR F,O.SH,I.,A.(Q-J) ARMS WNER HELBY OMES NC GENT UASIUDICIAL July 20, 2004 23 B.M:RR+/-36.5AL IXELL EQUEST TO EZONE CRES OCATED AT THE SC74A33S,A-1, THRD OUTHEAST ORNER OF VENUE AND TREET FROM AD(1/5),RS-3,S GRICULTURAL ISTRICT UP TO UNIT ACRES TO INGLE FRD(3/).LE. AMILY ESIDENTIAL ISTRICT UP TO UNITSACRE LONALD MTVL.MT(Q-J) IXELL RUSTEE AND IKKI IXELL RUSTEE UASIUDICIAL Vice Chairman Neuberger read the above notices into the record. 11.A.1. COMMUNITY DEVELOPMENT – CONSIDERATION OF SUBMITTAL OF A COMPREHENSIVE PLAN AMENDMENT APPLICATION TO LOWER THE TRANSPORTATION LEVEL OF SERVICE TO “F” ON SELECTED ROADS Community Development Director Bob Keating stated this issue came up last week so staff had little time to look at this but as this is the last meeting in July, the Board would have to take action today if they wished to initiate the process to lower the LOS to “F” or wait until the next Comp Plan amendment window to submit this to the Department of Community Affairs. He rd explained this controversial issue is directly related to the plan to widen 43 Avenue and that each local government has discretion in establishing their LOS. He specified that LOS “D” is the standard throughout the state and that it is a qualitative measure. He reviewed his memo of July 15, 2004 and that staff had recommended against the initiation of a Comprehensive Plan amendment to change the adopted LOS. Traffic Engineer Chris Mora gave a PowerPoint presentation to illustrate his descriptions of LOS “D” and “F”. (Clerk’s Note: Presentation is on file with the backup in the office of the Clerk to the Board.) He specified that LOS “D” is the most commonly used traffic capacity standard; it allows heavy, but stable traffic flow, and traffic signals can be coordinated. He pointed out that LOS “F” represents the worst traffic congestion, with erratic and unstable July 20, 2004 24 traffic flow that starts and stops in waves with frequent gridlock at signals. Also “F” presents very few gaps in traffic for ingress, results in a dramatic increase in travel times and crash rates, and traffic signals cannot be coordinated. He showed a computer simulation, using Synchro software, rd to illustrate a LOS “D” on 43 Avenue and LOS “F”. Mr. Mora responded to questions from the Commissioners during and after his presentation concerning turn lanes, peak hour traffic’s originations and destinations, proposed th scenarios, proposed solutions including extension of 58 Avenue to Oslo Road, and cooperation rd with St. Lucie County. He pointed out that in the P.M. peak hours the traffic on 43 Avenue thins th out as it moves to the south; a continuation of 58 Avenue into St. Lucie County would help traffic rdth on 43 & 27 Avenues. Commissioner Macht recounted an experiment about placing an obstacle in the pathway of ants and how they went around it. Just like ants, he proposed that people tend to look for alternatives when there is an impediment (such as heavy traffic) in their path. Questions and discussion then centered on a delay in continuing preparations to rd widen 43 Avenue and how it would affect already approved new developments. Director Keating pointed out the County has future plans to widen roadways out to the year 2030. He predicted the Commissioners will be seeing a lot of people from all over the county who are opposed to having their road widened. Commissioner Adams inquired about how LOS “F” will affect impact fees, and County Attorney Collins responded that a model already has been done and our impact fees are based on the road program in the Comp Plan; a change to “F” may invalidate our impact fee schedule. If the reduction in LOS is restricted to the south county area, the people who would be paying for road improvements could say why do you need our money. He also thought that if we lower the LOS to “F” the Commissioners would have to remember that we are loosening development regulations and then it would be difficult to impose more restrictions because of the Bert Harris Act. He also warned the County could be facing costly litigation settlements. “F” would make it easier for developers because they would not have to meet a concurrency test at “F” and that runs contrary to the comprehensive planning process. July 20, 2004 25 Vice Chairman Neuberger stated he would rather have densities or the height limitations changed than to lower to LOS “F”. Commissioner Macht suggested trying to change the traffic flow to divert trucks to th 58 Avenue using signage. He thought the Board should not put the community in gridlock. Mr. Mora responded that “no-thru-truck-traffic” signs could be used; if there was to be compliance it would only relieve peak hour traffic by 3%. There is much more truck traffic during the non-peak hours; there is more job-related traffic during the peak hours. Discussion continued and Director Keating mentioned recent discussions th concerning extending 58 Avenue to the south because of rapid development in western St. Lucie County. The mall is a definite traffic-attracter. rd County Administrator Baird suggested that widening 43 Avenue is inevitable; next thth will be 27 Avenue and then 20Avenue or we will have countywide gridlock. This is a very hard thrd decision; the County has already 4-laned 58 Avenue but so many are still using 43 Avenue. rdrd Adriene Cuffe , 695 43 Avenue, who travels 43 Avenue several times a day, spoke in favor of a center turn lane. She believed that most people traveling that road are coming from or going to their homes. rd Anne Burleson believed 43 Avenue to be a unique situation and that those who live on other roads will not be coming to the Commission with the same concerns because there will not be a need to widen their roads. George Christopher , 945 Painted Bunting Lane, an Indian River Neighborhood Association member, applauded the discussion noting that it is not politically acceptable to make rd 43 Avenue 5 lanes and that it is time to direct staff to determine the options. The choices may not th be perfect but it is time to pick the best one. He then brought up traffic on A1A at 17 Street; he said it backs up forever but that is the way the people want it. Vice Chairman Neuberger stated he was project engineer on A1A, 8-10 years ago, and it needs to go to 5-lanes. July 20, 2004 26 Vera Toulson , 95 Cache Cay Drive, disagreed with Mr. Christopher. She had recently sat at a meeting in Indian River Shores and they wish A1A had been 5-laned. Traffic is difficult today (off-season) and in wintertime it is much worse. In response to Commissioners’ inquiries, Mr. Mora commented on Mr. Oujevolk’s suggestions made earlier. He specified that he would hesitate to do a study on a complicated situation such as this by relying only on timing and stressed the need to use other criteria. He mentioned that he could look more closely at Mr. Oujevolk’s presentation and try to pick out things that could be used, but he believed it to be heavily geared toward these models. Commissioner Macht respectfully pointed out that the Commissioners represent 20,000 people and not a special interest group. He asked, in the interest of all our citizens, whether the Board had to make a decision at this meeting or defer it for 60 days. Commissioner Adams responded that they would miss the July window. rd Director Keating pointed out that staff has been looking at widening 43 Avenue rd because with all the new developments in that area, it is anticipated that they would use 43 Avenue and the computer models assign people to roadways based on logical reasons. rd Public Works Director Jim Davis pointed out that the schedule for widening 43 Avenue has slowed because the activity at the Commission meetings has discouraged people from cooperating in selling right-of-way. There is still some right-of-way that needs to be acquired; some are temporary which would be used for construction only. A delay of 30-60 days will not make a big difference in the construction time. If we delay much beyond that, it will be more difficult. Staff still has to deal with the utilities moving and sometimes it take months to gear up relocations. Our plans have to be finalized before we can have the utilities make changes. He encouraged the Commissioners to look at the Land Use Plan on the wall and commented that it resulted from many citizens’ input at the time it was adopted. On the map, he specified that the intensity is in the orange colored areas and the yellow areas are lower density. The corridors under discussion are within the orange on the map. Commissioner Macht commented that he was not suggesting that anything be done to slow traffic, but instead to bifurcate traffic to get motorists to choose alternate routes. He related July 20, 2004 27 a story from years past that he would take an alternate route to his office in order to avoid traffic lights. He suggested that others might do the same, that is, take a route of least resistance. Vice Chairman Neuberger thought the Board should move ahead with plans to rd widen 43 Avenue because he could think of nothing more the Board could learn from any more study. Director Davis commented that staff was in the process of doing more study, with e-mail back and forth with Mr. Oujevolk. The Land Use Map is driving the traffic projects and staff has to honor it. Vice Chairman Neuberger inquired if there is any more research that can be done, and Director Davis felt that it had already been done without considering the workers from St. rd Lucie who use 43 Avenue. He then explained all that staff has done and looked at to try to come up with something that would make sense. It seemed to Commissioner Adams there were no other choices to meet concurrency but she thought the County could get the application for LOS “F” into the pipeline. County Administrator Baird acknowledged that this was the window for changes in the Comp Plan, but pointed out that staff was trying to get the point across of where the density is and that is where the roads need to be widened. st Ms. Cuffe asked for a report of the analysis that was not presented at the June 1 meeting. She believed Mr. Oujevolk’s model showed what the people are asking to be done saying that it was unfair not to be using his justification. th Commissioner Adams pointed out that the Board started with 58 Avenue because of the mall traffic. It takes a while to retrain people. MOTION WAS MADE by Commissioner Lowther, SECONDED by Commissioner Adams, to initiate a Comprehensive Plan amendment to change the adopted LOS to “F”. The motion FAILED by a vote of 2-2 (Vice July 20, 2004 28 Chairman Neuberger and Commissioner Macht opposed, and Chairman Ginn absent). Commissioner Adams thought the Board needed to have some information come back to them on impacts the Commissioners might not realize on LOS “F”. Commissioner Macht suggested that a conscious effort be made to see if traffic can rdthth be diverted from 43 Avenue by stimulating traffic flow to 58 and 66 Avenues. Director Keating responded that Director Davis could not start building the road before January and staff can come back in the meantime with a lot of information. Mr. Mora could also do his analysis of Mr. Oujevolk’s presentation. Commissioner Lowther thought an issue like this should have five votes and asked if Chairman Ginn could be contacted by phone, and County Attorney Collins stated that she would not have the benefit of the discussion and information shared at this meeting. Margaret Durwood stated that her Land Use Map was different than the one on the wall in the Chambers. She believed the Commissioners have not considered the safety of the th children on 27 Avenue. Widening that road would be dangerous in her opinion and if any of the children are hurt she will blame them. Dian George believed that Chairman Ginn would have voted in favor of this motion. She wanted Chairman Ginn to see the tape and have the Board bring it back for reconsideration. There was no further discussion on this matter and no further action taken. 11.A.2. COMMUNITY DEVELOPMENT – CONSIDERATION OF SINGLE-FAMILY LOT ELEVATION ISSUES It was suggested that this matter be deferred, but it was pointed out that there may be people in the audience who wished to speak. Walter Bush , 1935 Mooringline Drive, advised that he would like to speak but would agree to defer his remarks to a future date. July 20, 2004 29 Dennis Matherne, 25 Starfish Drive, stated he was here to listen because he was the contractor on Mr. Bush’s neighbor’s house. th It was decided that this matter would be brought back at the August 17 meeting and it was suggested that it be put on the agenda as a Public Discussion Item. 11.A.3. COMMUNITY DEVELOPMENT – CONSIDERATION OF CONSTRUCTION NUISANCE ISSUES It was suggested this item be deferred, but someone was present who wished to speak on it. Vern Toulson , 95 Cache Cay Drive, representing the Treasure Coast Builders Association, reported that the members of the TCBA are aware of unsightly sites and emphasized that it is in their best interest to keep construction sites clean for safety and image reasons. He advised that the St. Lucie County Chapter had produced a placard that he distributed to the Commissioners. (A copy has been placed on file with the backup in the Office of the Clerk to the Board.) It is the intention of the TCBA to ask the counties to give one with each building permit as it is issued. The procedure would be starting in Indian River County soon. While some of the suggestions on the placard may be silly, he asked the Board for 60-90 days to see how it goes. Should the Board decide they want to pursue any proposed ordinances, he would want to have the opportunity to discuss them. He advised that the TCBA has a hot line and they encourage people to call with complaints about construction sites. The early indications are that they have only received 3-5 complaints. In response to inquiries and comments, Mr. Toulson advised that the placards are to be posted at the job site. They are in English with Spanish on the reverse. In response to a comment of Commissioner Adams’, Mr. Toulson stated that the TCBA needed to know about problems before they can remedy them. Community Development Director Bob Keating advised they would bring the th matter back to the Board on their August 17 agenda. July 20, 2004 30 11.B.1. EMERGENCY SERVICES – FY 2004/2005 AND 2005/2006 RADIOLOGICAL EMERGENCY PREPAREDNESS AGREEMENT (REP GRANT) – AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously (4-0 Chairman Ginn absent) approved the FY 2004/2005 and FY 2005/2006 Radiological Emergency Preparedness Agreement with Florida Power & Light Company and authorized the Chairman to execute the necessary documents, as recommended in the memorandum of July 14, 2004. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD July 20, 2004 31 11.B.2. EMERGENCY SERVICES – FY 2004/2005 EMERGENCY MANAGEMENT STATE HOMELAND SECURITY GRANT – AGREEMENT WITH DEPARTMENT OF COMMUNITY AFFAIRS ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously (4-0 Chairman Ginn absent) approved the Homeland Security Agreement with the Department of Community Affairs, Division of Emergency Management and authorized the Chairman to execute the same, as recommended in the memorandum of July 7, 2004. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.C.1. GENERAL SERVICES – JAIL DESIGN CONSULTANT RANKINGS AND AUTHORIZATION TO COMMENCE CONTRACT NEGOTIATIONS WITH FIRST RANKED FIRM (CLEMONS, RUTHERFORD AND ASSOCIATES, INC. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Ginn absent) accepted the ranking of design consultants as submitted and authorized staff to commence contract negotiations with the first-ranked firm, Clemons, July 20, 2004 32 Rutherford and Associates, Inc. of Tallahassee, Florida, as recommended in the memorandum of July 12, 2004. 11.C.2. GENERAL SERVICES – ACCEPT WRITTEN QUOTES IN LIEU OF SEALED BIDS FOR REPLACEMENT OF JAIL BOILER AND WATER STORAGE TANK – BREVARD BOILER COMPANY ON MOTION by Commissioner Adams, SECONDED by Vice Chairman Neuberger, the Board unanimously (4-0 Chairman Ginn absent) approved accepting two written quotes in lieu of obtaining sealed bids and accepted the quote from Brevard Boiler Co., in the amount of $21, 398. as the lowest quote meeting the capacity needed for water heating at the jail, as recommended in the memorandum of July 13, 2004. 11.C.3. GENERAL SERVICES – UPDATE ON OLD FELLSMERE SCHOOL RESTORATION PROJECT AND FUTURE PLANS FOR CONTINUATION General Services Director Tom Frame advised that this project has moved slower than most would have liked due to many other projects for which his office has responsibility. He reviewed his memorandum of July 13, 2004 in the backup. Currently, there is $170,000 in local funds available. He recommended some good thought be given on how to spend it since it is not enough to complete the building. A lot more money is needed to complete it. He recommended a management approach, perhaps a citizens’ advisory committee from the community, for decisions July 20, 2004 33 on how to expend the funds on hand. He also recommended a dedicated project manager for that facility for fund-raising and recommendations for expending the funds. He specified that the County is not equipped for fund-raising and his office has no additional staff for use on this project. Commissioner Adams thanked the County and Director Frame for doing this because Fellsmere could not. An old newspaper article reported the cost for this building was $40,000. The challenge is to complete the restoration project for the future recreational use and she agreed a dedicated project manager would be a good thing and that it should not be assigned to Director Frame’s office. She recounted that State grants have been matched by donations from the Frog Leg Festival. She credited Corky Korker, Joel Tyson, Ruth Stanbridge, and Beth Mitchell for their continued contributions to this project and suggested she would go back to these interested individuals for a committee decision to see how they want to move forward with this project. It was understood that a project manager for the facility would be a contract employee not a County employee. ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Chairman Ginn absent) accepted the report as set out in a memorandum of July 13, 2004. 11.I.1. PUBLIC WORKS – RESOLUTION NO. 2004-078 – GROVENOR ESTATES SUBDIVISION PAVING AND DRAINAGE THTH IMPROVEMENTS – 34 AVENUE S.W. AND 35 AVENUE S.W. INCLUDING INTERSECTING STREETS – AS-BUILT RESOLUTION AND FINAL ASSESSMENT ROLL – INDIAN RIVER COUNTY PROJECT #9918 July 20, 2004 34 ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Chairman Ginn absent) adopted Resolution No. 2004-078 certifying “as-built” costs for certain paving and drainage thth improvements to 34 Avenue SW and 35 Avenue SW thth between 13 Street SW and 9 Street SW and including the intersecting streets, designated as Project No. 9918, and other construction necessitated by such project; providing for formal completion date, and date for payment without penalty and interest. 11.I.2. PUBLIC WORKS – VERO LAKE ESTATES STORMWATER IMPROVEMENTS PHASE I- CHANGE ORDER NO. 002 TO DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) CONTRACT NO. WM803 (SECTION 319(H) GRANT) ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously (4-0 Chairman Ginn absent) approved Change Order No. 002 to the DEP contract WM803 and authorized the Chairman to sign it on behalf of the County, as recommended in the memorandum of July 13, 2004. CHANGE ORDER NO. 2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD July 20, 2004 35 11.I.3. PUBLIC WORKS – STATUS REPORT ON OAK CHASE SUBDIVISION CONCERNING REQUIRED IMPROVEMENTS Deferred. 11.J.1. UTILITIES SERVICES – RESOLUTION NO. 2004-079 AND 2004-080 – WEST SIDE VILLAS PETITION WATER THSTTHST SERVICES – 24 STREET, 81 TERRACE, 80 AND 81 ND COURTS, EAST OF 82 AVENUE – RESOLUTIONS I AND II - PROJECT NO. UCP-2393 ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Chairman Ginn absent) adopted Resolution No. 2004-079 providing for water main extension to West Side Villas thststth Subdivision (24 Street, 81 Terrace, 81 and 80 Courts, nd east of 82 Avenue) in Indian River County, Florida; providing the total estimated cost, method of payment of assessments, number of annual installments, and description of the area to be served.. ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Chairman Ginn absent) adopted Resolution No. 2004-080 setting a time and place at which the owners of properties thst located in West Side Villas Subdivision (24 Street, 81 July 20, 2004 36 stthnd Terrace, 81 and 80 Courts, east of 82 Avenue) in Indian River County, Florida, and other interested persons may appear before the Board of County Commissioners of Indian River County and be heard as to the propriety and advisability of constructing the water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be specially assessed against each property benefited thereby. 11.J.2. UTILITIES SERVICES – POST BUCKLEY, SCHUH & JERNIGAN, INC. (PBS&J) – WORK ORDER NO. 1 – SCOPE OF SERVICES - REUSE FEASIBILITY STUDY – WEST REGIONAL WASTEWATER TREATMENT FACILITY ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, the Board unanimously (4-0 Chairman Ginn absent) approved the proposed Work Order No. 1 (Scope of Services) with PBS&J for an amount not-to-exceed $9,956, and authorized the Chairman to execute the same, as recommended in the memorandum of July 13, 2004. WORK ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD July 20, 2004 37 11.J.3. UTILITIES SERVICES FY 2004/2005 – ST. JOHNS RIVER WATER MANAGEMENT DISTRICT – ALTERNATIVE WATER SUPPLY CONSTRUCTION COST-SHARING PROGRAM GRANT APPLICATION FOR ELIMINATION OF REVERSE OSMOSIS CONCENTRATE INTO THE INDIAN RIVER LAGOON ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Chairman Ginn absent) approved the grant application to St. Johns River Water Management District, authorized matching funding of construction of the projects outlined in the memorandum (upon receipt of the grant), and authorized the Chairman to execute applications and agreements associated with the grant as presented and as recommended in the memorandum of July 12, 2004. APPLICATION FORM IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13.A CHAIRMAN CAROLINE D. GINN – DISCUSSION OF COMMISSIONERS’ RECOMMENDATIONS RELATED TO GROWTH TASK FORCE REPORT Deferred. July 20, 2004 38 13.B. VICE CHAIRMAN ARTHUR R. NEUBERGER – ST. JOHNS RIVER ALLIANCE FISCAL YEAR 2005 FUNDING Vice Chairman Neuberger reported he had attended a couple meetings of the St. Johns River Alliance. He reviewed their memorandum in the backup dated July 2, 2004 advising of funding needed for FY 2005 that included a request of $2,500 from Indian River County as our share to keep the Alliance going. Vice Chairman Neuberger responded to questions from Commissioner Adams that he was satisfied with what he saw being done. This is strictly a volunteer organization, except for their executive director, and is made up of about 12 cities and counties up and down the St. Johns River. They are just getting organized, are trying to give some input to the Sebastian Inlet Water Management District on a variety of matters, want to make proposals to the St. Johns and see if they can push some projects through. Commissioner Adams noted that one of the initial concerns about the Alliance was a possibility of adding another tier of government. Vice Chairman Neuberger thought they were mostly involved in the organization and the recommendations from the eleven political bodies. Commissioner Macht thought it was kind of important that we share with counties where we have a mutuality of interests. If it does not work out, we can just not do it next year. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Ginn absent) approved a contribution of $2,500 to the St. Johns River Alliance for FY 2004/2005 funding. 13.C. COMMISSIONER FRAN B. ADAMS None. July 20, 2004 39 13.D. COMMISSIONER THOMAS S. LOWTHER None. 13.E. COMMISSIONER KENNETH R. MACHT None. DOCUMENTS MADE PART OF THE RECORD TRAFFICIMPACTFEECREDITAGREEMENT–DODGERTOWN VENTURE,LLLP(A3/23/04RN. UTHORIZED BY ESOLUTION O 2004-033) AGREEMENT EXECUTED ON 6/24/2004 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD CITYOFSEBASTIANANNEXATION–ORDINANCENO.O-04-09 ADOPTEDJULY14,2004–38.27ACRESWESTOF SEBASTIANRIVERSOUTHPRONGANDEASTOFCR510 (PARTOFSEC.26,TWP31,RGE38) A COPY OF THE ORDINANCE IS ON FILE WITH THE BACKUP FOR THIS MEETING AND IN THE ANNEXATION FILE 14.A. EMERGENCY SERVICES DISTRICT None. July 20, 2004 40 14.B. SOLID WASTE DISPOSAL DISTRICT None. 14.C. ENVIRONMENTAL CONTROL BOARD None. ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES There was a reminder the budget workshop was being held on the next day and citizens were encouraged to attend. Commissioner Macht specified that he had a meeting scheduled for 4:30 p.m. tomorrow. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 12:33 p.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman Minutes Approved: _________________ BCC/PR/2004 Minutes July 20, 2004 41