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Home My WebLink About08/10/2004 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF AUGUST 10, 2004 1.CALL TO ORDER........................................................................................ 1 2.INVOCATION ............................................................................................... 1 3.PLEDGE OF ALLEGIANCE...................................................................... 1 4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ............................................................................................................ 2 5.A.PROCLAMATION DESIGNATING AUGUST 14, 2004 AS NATIONAL MARINA DAY ....................................................................... 2 6.A.APPROVAL OF MINUTES – SPECIAL MEETING OF MAY 17, 2004.................................................................................................................. 2 6.B.APPROVAL OF MINUTES – SPECIAL MEETING OF JUNE 1, 2004.................................................................................................................. 3 6.C.APPROVAL OF MINUTES – REGULAR MEETING OF JUNE 8, 2004.................................................................................................................. 3 August 10, 2004 1 7.CONSENT AGENDA ................................................................................... 4 7.A.R .....................................................................................................................4 EPORTS 7.B.W ..................................................................................................................4 ARRANTS 7.C.W ..................................................................................................................5 ARRANTS 7.D.W ..................................................................................................................5 ARRANTS 7.E.PHBJHA ROCLAMATION ONORING ERNICE OHNSON FOR ER CCOMPLISHMENTS EBIRC ..............................................5 AND FFORTS ON EHALF OF NDIAN IVER OUNTY 7.F.O--CTCA8A TH UTOFOUNTY RAVEL FOR OMMISSIONERS TO TTEND THE NNUAL FNC–S16-18,2004- LORIDA EIGHBORHOODS ONFERENCE EPTEMBER J ............................................................................................................5 ACKSONVILLE 7.G.ARCEC PPOINTMENT OF ICHARD AHOY TO THE NVIRONMENTAL ONTROL HB(ECHB)(RD.RBWR EARING OARD EPLACES R ICHARD AKER HO ESIGNED RO) ..................................................................................................6 TO UN FOR FFICE 7.H.AJSCVBI PPOINTMENT OF AY MITH BY THE ITY OF ERO EACH TO THE NDIAN RCCOC ....................................................6 IVER OUNTY ITIZEN VERSIGHT OMMITTEE 7.I.ABBPZC PPOINTMENT OF OB RUCE TO THE LANNING AND ONING OMMISSION (P&Z)–D2–(RD.DCWR) .......................6 ISTRICT EPLACES R AVID OX HO ESIGNED 7.J.ACTDA–AP NNUAL OUNTY AX EED PPLICATIONS PPROVAL OF AYMENT TO THE CCC .........................................................................................6 LERK OF IRCUIT OURT 7.K.RN.2004-081,2004-082,2004-083,2004-084–TR ESOLUTION OS AND AX OLL R&TCPA–R& EMOVAL AX ANCELLATION FOR ROPERTY CQUISITIONS OBERTO LR-41SR-O-W;HPMC–X ST UZ UIZ TREET ERON OINTE EDICAL ENTER IUJUAN ER-O-W;P-SKYC–BS NTERPRISES OOEN AND UEI ING HU ARBER TREET R-O-W;-JE.&AM.B-Z–BSR-O-W .........7 OEL NNA ELLIMMERMAN ARBER TREET 7.L.2005HS ..........................................................................................8 OLIDAY CHEDULE 7.M.RWWUCS EVISION TO ATER AND ASTEWATER TILITY ONSTRUCTION TANDARDS (AA6,2004)–UCP2042 ......................................................................8 DOPTED PRIL 7.N.BN.6039–KSWAP,WIP ID O INGSLAKE UBDIVISION ATER SSESSMENT ROJECT 473-169000-04502–TCC,I.-R REASURE OAST ONTRACTING NC ELEASE OF RFPC ..................................................9 ETAINAGE AND INAL AYMENT TO ONTRACTOR 7.O.FCFBWL7,B20,V LOODPLAIN UT AND ILL ALANCE AIVER FOR OT LOCK ERO LE,U4795591A............................................................9 ST AKE STATES NIT AT VENUE August 10, 2004 2 7.P.IRCD,L.L.C.–FPAS EVELOPMENT INAL LAT PPROVAL FOR A UBDIVSIION TO KTLSPI–PD-C BE NOWN AS HE AKES AT ANDRIDGE HASE ONTRACT FOR CRI ..................................................... 10 ONSTRUCTION OF EQUIRED MPROVEMENTS 7.Q.RWUAJ’IC,I. ............. 11 ECLAIMED ATER SE GREEMENT WITH OHNS SLAND LUB NC 7.R.RN.2004-085–MBA019.......... 11 ESOLUTION O ISCELLANEOUS UDGET MENDMENT 7.S.HH–R--WA–41SE ST ABITAT FOR UMANITY IGHTOFAY CQUISITION TREET AST 43A–GGS ..................................................... 11 RD OF VENUE RACE ROVE UBDIVISION 7.T.B#6068–SUUL–ID– ID ONAR NDERGROUND TILITY OCATOR XORA IVISION USAB–UD ........................................................... 12 LUEBOOK TILITIES EPARTMENT 7.U.B#7016–ABAPR–E ID NNUAL ID FOR SPHALT AVING AND ESURFACING LMO G&S,LLC,DF,I.,CA REER ONS ICKERSON LORIDA NC OMMUNITY SPHALT C,RC-PW/R&B ORPORATION ANGER ONSTRUCTION UBLIC ORKSOAD RIDGE D .................................................................................................................. 12 IVISION 7.V.ACSR–CC RCHITECTURAL ONTINUING ERVICES ANKINGS OMMENCE ONTRACT NE-D-B,D& EGOTIATIONS WITH DLUNDRITENBASINKLEY ONADIO A,SR ...................................................................... 13 SSOCIATES AND TARMER INALDI 7.W.IRCCBMPC– NDIAN IVER OUNTY ITRUS EST ANAGEMENT RACTICES ONTRACTS FDACS LORIDA EPARTMENT OF GRICULTURAL AND ONSUMER ERVICES (FDACS)–(SG,PC,SC,RJ. HINN ROVES REMIER ITRUS CHIRARD ITRUS OBERT L,SA,FF,SG,GBC., INDSEY UN G ELLSMERE ARMS CHACHT ROVES RAVES ROS O HG,CS/FT,RS/HB AMMOND ROVES AL TREETMANRED UERK AY MITHIGH RIX G,CMS)-S.JRW ROVE ITRUS ANAGEMENT ERVICES T OHNS IVER ATER MD(SJRWMD)–(HG)-2004I ANAGEMENT ISTRICT AMMOND ROVES NDIAN RLLPGP ................................................ 13 IVER AGOON ICENSE LATE RANT ROGRAM 8.A.SHERIFF – STATE CRIMINAL ALIEN ASSISTANCE PROGRAM – DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE AWARD – PAYMENT TO JUSTICE BENEFITS, INC. (JBI) ............................................................................... 14 August 10, 2004 3 9.A.1.PUBLIC HEARING – UNITY CENTER OF VERO BEACH – REQUEST FOR SPECIAL EXCEPTION APPROVAL FOR A SCHOOL (QUASI-JUDICIAL) ............................................................... 15 9.A.2.PUBLIC HEARING ORDINANCE NOS. 2004-024 AND 2004-025 – REZONING 241 ACRES FROM RM-3 TO RM-6 - PETRUS VEROS LLC (FKA PRO GOLF INTERNATIONAL, INC.) AND SK VERO LLC (FKA WILLIAM MARINE)– RESTRICTIVE COVENANTS (SETTLEMENT OF LAWSUITS) (QUASI-JUDICIAL) ................................................................................... 18 9.B.1.PUBLIC DISCUSSION ITEM – BRIAN T. HEADY – QUALITY OF LIFE, TAX BURDEN, AND EXPENDITURES - LIMITATIONS ON CERTAIN CITIZENS ............................................ 23 9.B.2.PUBLIC DISCUSSION ITEM – TIM ZORC – ROADWAY LEVEL OF SERVICE “F,” BUILDING DEPARTMENT NEW STAFF, AND TRAFFIC IMPACT FEES ................................................ 24 9.B.3.PUBLIC DISCUSSION ITEM – DIAN GEORGE – ROAD WIDENING PROJECTS ........................................................................... 25 9.B.4.PUBLIC DISCUSSION ITEM - ADRIENE CUFFE – DEPARTMENT OF COMMUNITY AFFAIRS POWERPOINT TH PRESENTATION JULY 20 OR RELATED SUBJECT ROAD WIDENING .................................................................................................. 25 9.B.5.PUBLIC DISCUSSION ITEM - JOHN T. WILLIAMS – VISIONING PROCESS ............................................................................. 25 August 10, 2004 4 9.B.6.PUBLIC DISCUSSION ITEM – LARRY WAPNICK – USE OF GOVERNMENT ACCESS CHANNEL FOR CANDIDATE DEBATE BEING SPONSORED BY THE VETERAN’S COUNCIL ........................................................................................................................ 26 11.B.1.EMERGENCY SERVICES – THE PLACE AT VERO BEACH, INC. - RENEWAL OF CLASS E-1 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE NON-EMERGENCY WHEELCHAIR SERVICES .............................. 27 11.C.1.OLD DOUGLASS SCHOOL – FINAL PAYMENT TO HVAC, INC. FOR AIR-CONDITIONER IN CAFETORIUM ........................... 27 11.C.2.USE OF A CONSTRUCTION MANAGEMENT AT RISK AS THE FORM OF DELIVERY FOR THE CONSTRUCTION OF THE NEW ADMINISTRATION BUILDING .................................................. 28 11.I.1.PUBLIC WORKS – SECTOR 7 BEACH RESTORATION ALTERNATIVE DESIGN – APPLIED TECHNOLOGY AND MANAGEMENT CONTRACT – AMENDMENT #9 ........................... 30 11.I.2.PUBLIC WORKS – CITY OF VERO BEACH PUBLIC UTILITY EASEMENTS – ROAD & BRIDGE COMPOUND (PROJECT NO. 9820, SITE #1) AND FUTURE UTILITIES COMPLEX ...................... 32 11.I.3.PUBLIC WORKS - FALCON TRACE SUBDIVISION – INDIAN RIVER ASSOCIATES II, LLP - DEVELOPER’S AGREEMENT ..... 32 August 10, 2004 5 11.J.UTILITIES SERVICES –GALVANIZED WATER MAIN THTH REPLACEMENT PROJECT – 17 STREET AT 5 AVENUE – WORK AUTHORIZATION DIRECTIVE NO. 2001-090– UNDERGROUND UTILITIES, INC. (GEORGE E. FRENCH) .......... 33 12.COUNTY ATTORNEY – AGREEMENT CONCERNING DELIVERY AND USE OF STORMWATER BETWEEN INDIAN RIVER COUNTY, INDIAN RIVER FARMS WATER CONTROL DISTRICT, AND BLUE HERO ENERGY CENTER, LLC, A WHOLLY OWNED CALPINE CORPORATION SUBSIDIARY ...... 34 13.B.VICE CHAIRMAN ARTHUR R. NEUBERGER – ST. JOHNS RIVER ALLIANCE ADDITIONAL INFORMATION ......................... 36 13.D.COMMISSIONER THOMAS S. LOWTHER – ALS (ADVANCED LIFE SUPPORT) ENGINES ..................................................................... 36 13.E.1.COMMISSIONER KENNETH R. MACHT – ALTERNATE CONSIDERATION FOR DEVELOPING TRAFFIC ROUTES IN THTH SOUTHWEST COUNTY FROM 20 AVENUE TO 66 AVENUE ...................................................................................................... 37 13.E.2.COMMISSIONER KENNETH R. MACHT – NEIGHBORHOOD PLANNING .................................................................................................. 40 DOCUMENTS MADE PART OF THE RECORD...................................................... 40 TRAFFICIMPACTFEECREDITAGREEMENT–DODGERTOWN VENTURE,LLLP(A3/23/04RN.2004-033) .......... 40 UTHORIZED BY ESOLUTION O August 10, 2004 6 14.A.EMERGENCY SERVICES DISTRICT - NONE ................................... 40 14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 40 14.B.1.AM– ..................................................................................... 40 PPROVAL OF INUTES RMJ8,2004 ................................................................................ 40 EGULAR EETING OF UNE RMJ15,2004 .............................................................................. 40 EGULAR EETING OF UNE SMJ21,2004 ................................................................................ 40 PECIAL EETING OF ULY 14.B.2.RFQ6066–CCSCS ONTINUING ONSULTING ERVICES ONTRACTS FOR OLID WDD–FF ............................................................. 40 ASTE ISPOSAL ISTRICT IVE IRMS 14.B.3.LGCSCST ANDFILL AS OLLECTION YSTEM ONSTRUCTION CHEDULE IME E(30)–ERCGCS,I.(C XTENSION DAYS ENERAL ONTRACTING ERVICES NC AMP D&MK)................................................................................................ 41 RESSER CEE 14.B.4.CLRF ONTRACT FOR ANDSCAPING THE OSELAND AND ELLSMERE CC(TS)–N,I. .................. 41 ONVENIENCE ENTERS RANSFER TATIONS ATURELAND NC 14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 41 August 10, 2004 7 August 10, 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, August 10, 2004, at 9:00 a.m. Present were Arthur R. Neuberger, Vice Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Kenneth R. Macht. Chairman Caroline D. Ginn was absent. 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 Vice Chairman Neuberger called the meeting to order and announced that he would be chairing the meeting because Chairman Ginn was still in Texas following her husband’s surgery. 2. INVOCATION Rev. Dr. Fred Foy Strang, First Presbyterian Church, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Adams led the Pledge of Allegiance to the Flag. August 10, 2004 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Vice Chairman Neuberger requested the following changes to today’s Agenda: 1.13.B. – Addition of an Update on St. Johns River Alliance 2.11.I.2. – Additional Backup – Road and Bridge Deed Easement 3.12.A. – Additional Backup - Calpine Agreement - Letter from Michael O’Haire dated August 4, 2004 4.13.E.1. – Additional Backup – Alternate Consideration for Developing Traffic thth Routes in Southwest County from 20 Avenue to 66 Avenue ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Ginn absent) made the above changes to the Agenda. 5.A. PROCLAMATION DESIGNATING AUGUST 14, 2004 AS NATIONAL MARINA DAY Vice Chairman Neuberger read and presented the Proclamation to Tim Price (representing Hal Jones Marina located next to the City’s Marina) who accepted with thanks and pledged they will continue being good caretakers of the waters in Indian River County. 6.A. APPROVAL OF MINUTES – SPECIAL MEETING OF MAY 17, 2004 August 10, 2004 2 The Chairman asked if there were any corrections or additions to the Minutes of the Special Meeting of May 17, 2004. There were none. ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) approved the Minutes of the Special Meeting of May 17, 2004, as written and distributed. 6.B. APPROVAL OF MINUTES – SPECIAL MEETING OF JUNE 1, 2004 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of June 1, 2004. There were none. ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) approved the Minutes of the Regular Meeting of June 1, 2004, as written and distributed. 6.C. APPROVAL OF MINUTES – REGULAR MEETING OF JUNE 8, 2004 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of June 8, 2004. There were none. ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 August 10, 2004 3 Commissioner Ginn absent) approved the Minutes of the Regular Meeting of June 8, 2004, as written and distributed/ 7. CONSENT AGENDA 7.A. R EPORTS The following reports have been received and are on file in the office of the Clerk to the Board: 1.Report of Convictions, June, 2004 2.Affidavit of Publication of Notice of Unclaimed Moneys (Cash Bonds Deposited with the Clerk of the Circuit Court prior to 01/01/03) 3.Sheriff’s DUI Impoundment and Immobilization Trust Fund Report for the rd 3 Quarter of FY 2004 (last report – enabling ordinance was repealed on 6/30/04 – will continue at the pleasure of sitting judges through individual court orders) 4.St. Johns River Water Management District Tentative Budget Submission for FY 2004-05 7.B. W ARRANTS ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) approved the list of Warrants as issued by the Clerk to the Board for July 9-15, 2004, as requested. August 10, 2004 4 7.C. W ARRANTS ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) approved the list of Warrants as issued by the Clerk to the Board for July 16-22, 2004, as recommended in the memorandum of July 22,2004. 7.D. W ARRANTS ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) approved the list of Warrants as issued by the Clerk to the Board for July 23-29, 2004, as recommended in the memorandum of July 29, 2004. 7.E. PHBJH ROCLAMATION ONORING ERNICE OHNSON FOR ER AEBIR CCOMPLISHMENTS AND FFORTS ON EHALF OF NDIAN IVER C OUNTY Proclamation is noted for the record. 7.F. O--CTCA8 TH UTOFOUNTY RAVEL FOR OMMISSIONERS TO TTEND THE AFNC–S16-18, NNUAL LORIDA EIGHBORHOODS ONFERENCE EPTEMBER 2004-J ACKSONVILLE ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) approved travel for all August 10, 2004 5 Commissioners to attend the above conference, as requested in the memorandum of August 3, 2004. 7.G. ARCE PPOINTMENT OF ICHARD AHOY TO THE NVIRONMENTAL CHB(ECHB)(RD.RB ONTROL EARING OARD EPLACES R ICHARD AKER WRRO) HO ESIGNED TO UN FOR FFICE ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) appointed Richard Cahoy to the ECHB, as set forth in the memorandum of July 28, 2004. 7.H. AJSCVB PPOINTMENT OF AY MITH BY THE ITY OF ERO EACH TO THE IRCCOC NDIAN IVER OUNTY ITIZEN VERSIGHT OMMITTEE The Commissioners noted the appointment of Jay Smith by the City of Vero Beach to the Citizen Oversight Committee. 7.I. ABBPZ PPOINTMENT OF OB RUCE TO THE LANNING AND ONING C(P&Z)–D2–(RD.DCW OMMISSION ISTRICT EPLACES R AVID OX HO R) ESIGNED The Commissioners noted the appointment of Bob Bruce as Vice Chairman Neuberger’s appointment to the Planning & Zoning Commission. 7.J. ACTDA–A NNUAL OUNTY AX EED PPLICATIONS PPROVAL OF PCCC AYMENT TO THE LERK OF IRCUIT OURT August 10, 2004 6 ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) approved payment to the Clerk of the requested amount of $2,996.80 (9 tax certificates), as recommended in the memorandum of July 29, 2004. 7.K. RN.2004-081,2004-082,2004-083,2004-084 ESOLUTION OS AND –TRR&TCP AX OLL EMOVAL AX ANCELLATION FOR ROPERTY A–R&LR-41SR-O-W;H ST CQUISITIONS OBERTO UZ UIZ TREET ERON PMC–XER-O-W;P-S OINTE EDICAL ENTER IUJUAN NTERPRISES OOEN KYC–BSR-O-W;-JE.&AM. AND UEI ING HU ARBER TREET OEL NNA B-Z–BSR-O-W ELLIMMERMAN ARBER TREET ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) adopted Resolution No. 2004-081 canceling taxes upon publicly owned lands, pursuant to Section 196.18, Florida Statutes (Roberto & st Luz Ruiz – 41 Street Right of Way). ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) adopted Resolution No. 2004-082 canceling taxes upon publicly owned lands, pursuant to Section 196.18, Florida Statutes (Heron Pointe Medical Center – Xiujuan Enterprises Right of Way) August 10, 2004 7 ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) adopted Resolution No. 2004-083 canceling taxes upon publicly owned lands, pursuant to Section 196.18, Florida Statutes (Poo-Sen and Kuei-Ying Chu – Barber Street Right of Way) ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) adopted Resolution No. 2004-084 canceling taxes upon publicly owned lands, pursuant to Section 196.18, Florida Statutes (Joel E. & Anna M. Bell-Zimmerman – Barber Street Right of Way). 7.L. 2005HS OLIDAY CHEDULE ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) approved the 2005 Holiday Schedule, as proposed in the memorandum of July 20, 2004. 7.M. RWWUC EVISION TO ATER AND ASTEWATER TILITY ONSTRUCTION S(AA6,2004)–UCP2042 TANDARDS DOPTED PRIL ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) adopted the revised Water and August 10, 2004 8 Wastewater Utility Standards, as presented and recommended in the memorandum of July 9, 2004. REVISED STANDARDS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.N. BN.6039–KSWA ID O INGSLAKE UBDIVISION ATER SSESSMENT P,WIP473-169000-04502–TCC, ROJECT REASURE OAST ONTRACTING I.-RRFPC NC ELEASE OF ETAINAGE AND INAL AYMENT TO ONTRACTOR ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) approved Contractor’s Request for Payment, Estimate #2 – Final, in the amount of $24,215.20, payable to Treasure Coast Contracting, Inc., as recommended in the memorandum of July 15, 2004. DOCUMENT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 7.O. FCFBWL7,B LOODPLAIN UT AND ILL ALANCE AIVER FOR OT LOCK 20,VLE,U4795591A ST ERO AKE STATES NIT AT VENUE ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) granted the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)4, as recommended in the memorandum of July 15, 2004. (Alternative No. 1) August 10, 2004 9 7.P. IRCD,L.L.C.–FPA EVELOPMENT INAL LAT PPROVAL FOR A SKTLSPI–PD- UBDIVSIION TO BE NOWN AS HE AKES AT ANDRIDGE HASE CCRI ONTRACT FOR ONSTRUCTION OF EQUIRED MPROVEMENTS ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) granted final plat approval for The Lakes at Sandridge Phase I P.D., authorized the Chairman to execute the submitted Contract for Construction of Remaining Required Improvements with I R C Development, L.L.C., and accepted the security arrangement, as recommended in the memorandum of July 30, 2004. COPY OF CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD August 10, 2004 10 7.Q. RWUAJ’IC, ECLAIMED ATER SE GREEMENT WITH OHNS SLAND LUB I. NC ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) approved the Agreement for the Delivery of Reclaimed Water, and authorized the Chairman to execute the same, as recommended in the memorandum of July 27, 2004. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.R. RN.2004-085–MB ESOLUTION O ISCELLANEOUS UDGET A019 MENDMENT ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) adopted Resolution No. 2004-085 amending the fiscal year 2003-2004 budget. 7.S. HH–R--WA–41 ST ABITAT FOR UMANITY IGHTOFAY CQUISITION SE43A–GGS RD TREET AST OF VENUE RACE ROVE UBDIVISION ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) approved the agreement to purchase real estate in the amount of $9,159.57 from Indian River County Habitat for Humanity, Inc. and authorized the August 10, 2004 11 Chairman to execute the same, as recommended in the memorandum of July 29, 2004. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.T. B#6068–SUUL–I ID ONAR NDERGROUND TILITY OCATOR XORA D–USAB–UD IVISION LUEBOOK TILITIES EPARTMENT ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) awarded Bid #6068 to USA Bluebook in the amount of $8,997.00, as recommended in the memorandum of July 26, 2004. 7.U. B#7016–ABAP ID NNUAL ID FOR SPHALT AVING AND R–EG&S,LLC,DF,I., ESURFACING LMO REER ONS ICKERSON LORIDA NC CAC,RC-P OMMUNITY SPHALT ORPORATION ANGER ONSTRUCTION UBLIC W/R&BD ORKSOAD RIDGE IVISION ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) awarded Bid #7016 as follows: Items #1 through 12 to Elmo Greer & Sons, LLC; Item #13 to multiple vendors, Dickerson Florida, Inc., Community Asphalt Corporation, Elmo Greer & Sons, LLC, and Ranger Construction; authorized establishment of open end contracts for the period October 1, 2004 through September 30, 2005; authorized the Purchasing Manager to renew August 10, 2004 12 these contracts 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; all as recommended in the memorandum of July 19, 2004. 7.V.ACSR–C RCHITECTURAL ONTINUING ERVICES ANKINGS OMMENCE CNE-D-B, ONTRACT EGOTIATIONS WITH DLUNDRITENBASINKLEY D&A,SR ONADIO SSOCIATES AND TARMER INALDI ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) accepted the three top qualified firms of Edlund-Dritenbas-Binkley, Donadio & Associates, and Starmer Rinaldi, and authorized staff to proceed with appropriate contract negotiations for proposed continuing services contracts which will be brought back to the Board at a future date for consideration, as recommended in the memorandum of August 3, 2004. 7.W. IRCCBMP NDIAN IVER OUNTY ITRUS EST ANAGEMENT RACTICES C–FDA ONTRACTS LORIDA EPARTMENT OF GRICULTURAL AND CS(FDACS)–(SG,PC, ONSUMER ERVICES HINN ROVES REMIER ITRUS SC,RJ.L,SA,FF, CHIRARD ITRUS OBERT INDSEY UN G ELLSMERE ARMS SG,GBC.,HG,C CHACHT ROVES RAVES ROS O AMMOND ROVES AL S/FT,RS/HBG,C TREETMANRED UERK AY MITHIGH RIX ROVE ITRUS MS)-S.JRWM ANAGEMENT ERVICES T OHNS IVER ATER ANAGEMENT August 10, 2004 13 D(SJRWMD)–(HG)-2004IR ISTRICT AMMOND ROVES NDIAN IVER LLPGP AGOON ICENSE LATE RANT ROGRAM ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) approved the list of projects submitted by the Indian River Soil and Water Conservation District (IRSWCD) entitled Applicant Score Summary (Exhibit “A”); approved Exhibit “B” which allocates all of Florida Department of the $250,000 FY 2004 Agriculture and Consumer Services (FDACS) cost share funds according to their rules; approved Exhibit “C” which allocates all of the $40,000 FY 2004 St. Johns River Water Management District (SJRWMD) cost share funds including the priority of the additional $19,410 of anticipated additional grant funds (the additional funds are to be approved separately by future Board action when received from the SJRWMD and submitted to the Board by staff); and authorized the Chairman to execute the individual contracts with growers as approved on the applicants’ score sheet as reviewed and approved by the County Attorney prior to execution by the Chairman. (Clerk’s Note: All exhibits are part of the backup.) 3 HAMMOND GROVES, INC. CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.A. SHERIFF – STATE CRIMINAL ALIEN ASSISTANCE PROGRAM – DEPARTMENT OF JUSTICE, BUREAU OF August 10, 2004 14 JUSTICE ASSISTANCE AWARD – PAYMENT TO JUSTICE BENEFITS, INC. (JBI) Harry Hall, Comptroller for the Sheriff, explained the program and requested the Board accept this award of $48,308.52, and send the remaining $13,625.48 to Justice Benefits, Inc. in payment of their services. ON MOTION by Commissioner Macht, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) accepted the total amount of $61,934 from the Bureau of Justice Assistance and authorized payment of the invoice in the amount of $13,625.48 to Justice Benefits, Inc., as requested in the memorandum of July 19, 2004 from the Sheriff’s office. 9.A.1. PUBLIC HEARING – UNITY CENTER OF VERO BEACH – REQUEST FOR SPECIAL EXCEPTION APPROVAL FOR A SCHOOL (QUASI-JUDICIAL) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Division Director Stan Boling reviewed the memorandum using a map and an aerial photo to identify and explain the proposed special exception request and the relationship of the site to the surrounding properties. He stated approval of this request will reduce future church expansion and would add a school use to this site. He noted that some classrooms within th the church would be used for this Kindergarten thru 8 grade during the first phase of development of the school plus a small playground area. A second phase would include a modular building of less than 2,000 square feet and a recreation play area. There is a significant wooded area that August 10, 2004 15 would not be disturbed by this proposed building. If a recreation field goes in that location as planned, it is expected that some oaks would need to be removed, however, staff has talked with the applicant about the possibility of moving that recreation field to the west or to the south so that no trees will be impacted. He noted that all the specific land use criteria for the proposed secondary schools are satisfied by the proposed site plan. Staff and code enforcement are currently addressing some existing deficiencies with the maintenance of the current buffer (Type “C”). He reviewed and explained the conditions concerning buffers, appearance of the building, and a th sidewalk on 10 Street. Both staff and the Planning and Zoning Commission recommend approval with conditions as set out in the memorandum. (See page 258 of the backup.) 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 Macht, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) found that 1) they are empowered under the provisions of Chapter 971 to review the special exception applied for; 2) in conjunction with the recommended conditions, the granting of the special exception will not adversely affect the public interest; 3) in conjunction with the recommended conditions, the application satisfies the general and specific criteria required for special exception approval; and 4) the conditions stated below are adequate to ensure compatibility between the special exception use and surrounding land uses. The Board also granted special exception approval for the proposed school addition with the following conditions: 1) the buffer/preserve along the August 10, 2004 16 site’s east property line shall satisfy the density requirements of a Type “C” buffer; 2) the proposed modular building shall match the general appearance of the existing church building (consistent roof treatment and exterior finish). Prior to issuance of a building permit for the new building, the applicant shall demonstrate compliance with the appearance condition to the satisfaction of the Community Development Director or his designee; and 3) Prior to issuance of a certificate of occupancy for the new building, the applicant shall: a) upgrade the buffer along the site’s south property line to satisfy the planting density requirements of a Type “B” th buffer; and b) construct or bond out the required 10 Street sidewalk, all as recommended in the memorandum of July 28, 2004. August 10, 2004 17 9.A.2. PUBLIC HEARING ORDINANCE NOS. 2004-024 AND 2004-025 – REZONING 241 ACRES FROM RM-3 TO RM-6 - PETRUS VEROS LLC (FKA PRO GOLF INTERNATIONAL, INC.) AND SK VERO LLC (FKA WILLIAM MARINE)– RESTRICTIVE COVENANTS (SETTLEMENT OF LAWSUITS) (QUASI-JUDICIAL) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD County Attorney Collins briefly reviewed the memorandum on pages 268-270 in the backup. He explained that the developers had filed a lawsuit against the County because they want RM-6 zoning, not RM-3 (the current zoning as a result of action taken by the Board on November 16, 2003) because RM-6 allows single-family homes with 70’ x 100’ lot sizes and that is their design concept for that area. He advised that the plaintiffs have offered restrictive covenants (in escrow) to effectively reduce the actual build-out units/acre and if the Board adopts the proposed rezoning ordinances the covenants will be recorded and would be binding on the current and future owners. In the alternative, if the Board does not amend the zoning to RM-6, Petrus Veros and SK Vero will proceed to argue the matter in Circuit Court. Community Development Director Bob Keating advised that Petrus Veros and SK Vero previously came before the Board as Pro-Golf International, Inc. and William Marine requesting RM-6 zoning, and the Board rezoned the property RM-3. He reviewed a PowerPoint presentation (copy on file with the backup) and discussed the proposed settlement, the location of each property, the purpose for rezoning, the Planning and Zoning Commission’s initial recommendation for approval, the surrounding land uses, concurrency tests are met, consistency with the Comprehensive Plan, lack of environmental impacts, compatibility, the conclusions, and staff’s recommendation for approval of the request. August 10, 2004 18 Richard Coker, 1404 South Andrews Avenue, Ft. Lauderdale 33301, representing the applicant, advised he was co-counsel with attorney Bruce Barkett concerning this matter. To respond to Vice Chairman Neuberger as to why the Board could not rezone the property RM-4, Mr. Coker explained that RM-6 zoning makes the development of the properties reasonable and amenable to the type of development proposed because of the allowed lots sizes and other development criteria, such as front and side setbacks both of which change dramatically between RM-6 and RM-4 zoning. Director Keating added that the Comp Plan and LDRs specify which zoning districts are allowed in certain land use designations and RM-4 is not allowed in M-1. Commissioner Lowther believed that if the Board did not rezone the property to RM-6 that the County would face a law suit which he thought would be a downhill battle. There was a short discussion to clarify points concerning the net number of units (4 or 4.5 units/acre if a PD) and the relationship to the urban service area boundary. The Chairman opened the public hearing and asked if anyone wished to be heard with regard to this matter. John T. Williams , 1535 Smuggler’s Cove, claimed this development was not meeting concurrency (prior to the roads being developed) and considered this to be premature to the visioning process. After the visioning process, he hoped there would be no RM-8s left in the county. He suggested a “road-bank” process be put in place whereby the County would determine the roads needed ahead of development; the roads would be built ahead of the development (to be determined by a traffic analysis based on anticipated development) and the developers would pay for the roads. Director Keating stated that traffic studies have been done for these projects. Generally staff looks out a certain number of years when we are planning on building roads and we do not build excess capacity if it is not going to be needed for a significant period of time. If staff sees that a 4-lane road will be needed in the reasonable future, then they will work on it. In August 10, 2004 19 response to Vice Chairman Neuberger, Director Keating advised that at this time staff knows that th 98 Avenue will be improved up to SR-60 and is one of the reasons they want to work with all the thth property owners there. Staff wants to look at getting 98 Avenue paved down to 4 Street and th getting 4 Street paved to the east under I-95, and want to look at the entire grid which makes travel more convenient in that area. Renee Renzi , 340 Waverly Place, for the Civic Association of Indian River County, remembered that Commissioner Ginn had pointed out when this was zoned RM-3 that there were no paved roads out there. It was also noted that there were no schools nearby and the children would have to be transported over dirt roads to a distant school. She thought they had good reason to turn down the application back at the very beginning. She recalled that they originally approved RM-6 and then came back and rezoned the property RM-3. She thought that was the reason for the lawsuit. If they want single family, why not apply for RS-6. County Attorney Collins explained that our codes require that anytime there is a development of more than 1 unit/5 acres that a paved road must be done at the developer’s expense from the existing paved roads to the project’s entrance and the internal roads of the development would also have to be paved. Schools are not part of the concurrency test. He believed staff has the intention to work on obtaining new school sites as they have done in the south county area. School proximity is a legitimate concern but not required under the code. Mr. Coker stated that he had talked yesterday with the engineer, Mr. Knight, who th advised that a little more than 3,000 feet on 98 Avenue will be improved in order to provide th access to this property and a little more than a ½ mile of 12 Street will be improved. Brian Heady , Vero Beach, was opposed to any government body that approves anything out of fear of facing litigation as it is acting contrary to the public interest. Inasmuch as the properties are within the urban service area, he inquired about the availability of water and sewer. County Attorney Collins responded that there is a main water line going out SR 60 and they will be required to connect to it and extend it to their own properties. August 10, 2004 20 County Administrator Baird and County Attorney Collins, responded to questions of Mr. Heady about the sufficiency of water to accommodate 800 more units, how expansion of current water facilities is being funded, and when the developers pay for that. Mr. Heady also inquired about setting aside 10 acres for an elementary school Grades 1-8 to alleviate traffic concerns. County Attorney Collins stated that Zoning cannot be conditioned as a matter of law but it would be possible at the time of the site plan application with the cooperation of more than one developer in that area. A discussion ensued about the School Board determining the best site for a new school. Bob Johnson had two questions, first, he understood the applicants have changed ownership since last rezoning and second, he asked if this has gone before P & Z this time. County Attorney Collins responded that ownership does not matter whether it is an appropriate land use, and the P & Z supported this request and recommended unanimously approval of RM-6; it was the Board that rezoned it RM-3. Mr. Johnson thought it should go to back to P & Z and would like the Board to stick with RM-3. Sig Lysne , 109 Prestwick Circle, advised of his airplane spraying business that began in 1946 to spray for mosquitoes. For 58 years his mosquito-spraying contract has been renewed. Planes fly in and out of their airport; the end of the runway is about 800’ north of the west boundary of the 160 acre tract (SK Vero). He wanted the developers to be aware that airplanes do take off and land in the vicinity and 80% of the take offs and landings are to the south because of the prevailing southeasterly winds in Florida. Mr. Lysne did not want anyone calling him to stop flying; they should call the developer. He suggested if there is going to be arbitration on the number of units, why not arbitrate for 4 units and not 4.5 units per acre. At Vice Chairman Neuberger’s request, Director Keating showed the location of the airstrip on a map. August 10, 2004 21 County Attorney Collins clarified that the settlement proposed is for 4 units, not 4.5. In order to get 4.5 units/acre, they would have to come back with a proposal for a planned development and the public hearings. Director Keating advised that there are airport zoning requirements that deals with noise, over-flights, and other issues. th Dian George , 1515 27 Avenue, gave the Board accolades for wanting to consult with the School Board on this project. The Chairman asked if anyone else wished to be heard regarding this matter. There were none and the Chairman closed the public hearing. MOTION WAS MADE by Commissioner Lowther to keep the properties zoned RM-3. Vice Chairman Neuberger ruled the MOTION DIED FOR LACK OF A SECOND. Commissioner Macht’s recollection of the attorney-client session was that the result would be 4 units/acre with the covenants or 4.5 units/acre with a PD. County Attorney Collins specified that was what the Board still had. Commissioner Macht thought this offer was fair and under the law they are entitled to up to 8 units/acre and felt 4 units/acre could be considered as a victory for the Commission to limit development in areas. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board adopted (3-1, Commissioner Lowther opposed and Chairman Ginn absent) Ordinance No. 2004-024 amending the zoning ordinance and the accompanying zoning map for th approximately 81 acres located south of 16 Street and August 10, 2004 22 th 1300 feet east of 98 Avenue, from RM-3, Multiple-family residential district (up to 3 acres/acre), to RM-6, multiple-family residential district (up to 6 units/acre), to RM-6, and providing codification, severability, and effective date. (Petrus Veros LLC) ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board adopted (3-1, Commissioner Lowther opposed and Chairman Ginn absent) Ordinance No. 2004-025 amending the zoning ordinance and the accompanying zoning map for approximately 160 acres located at the northeast corner of th 8th Street and 98 Avenue, from RM-3, Multiple-family residential district (up to 3 acres/acre), to RM-6, multiple-family residential district (up to 6 units/acre), and providing codification, severability, and effective date. (SK Vero LLC) 9.B.1. PUBLIC DISCUSSION ITEM – BRIAN T. HEADY – QUALITY OF LIFE, TAX BURDEN, AND EXPENDITURES - LIMITATIONS ON CERTAIN CITIZENS Brian Heady commented that certain limitations in recent meetings have been placed on certain citizens wishing to speak. He expounded on the clarity of the Constitution that citizens have certain rights with respect to speaking to their governing representatives. He believed the actions at recent meetings have been illegal and unacceptable and cautioned that type of behavior, if continued, will result in him seeking legal remedies. Concerning another item on August 10, 2004 23 the agenda, he opined that the government access TV channel is a perfect place for the candidates to conduct a debate. Vice Chairman Neuberger agreed that everyone has the right to instruct their government, but added that the Public Discussion part of the Board’s agenda is not dictated by law and pointed out that there are many other ways for citizens to instruct their representatives and it need not be during Commission meetings. When Mr. Heady wished to rebut, Vice Chairman Neuberger stated that Mr. Heady had already used his 3-minutes, ruled out him of order, and asked that he be escorted from the podium. 9.B.2. PUBLIC DISCUSSION ITEM – TIM ZORC – ROADWAY LEVEL OF SERVICE “F,” BUILDING DEPARTMENT NEW STAFF, AND TRAFFIC IMPACT FEES th Tim Zorc, 4415 5 Place SW, a local home builder and member of the Treasure Coast Builders Association, wanted to clear up some information concerning the additional staff for the Building Department. He specified that the Building Department is run as an enterprise fund and the developers pay large amounts of that budget. He expressed thanks for the on-going relationship with staff to ensure that money collected remains in the department. He liked getting the monthly reports on the departments financial status. Mr. Zorc Second, asked if there will be continued discussions on LOS “F.” If yes, then he would request that the Board temporarily postpone the implementation of the September st 1 impact fee, because many of the fees were determined based on roadway projects. But if the LOS is changed, the cost of those projects would be subtracted out and could potentially change the amount of the traffic impact fees. He suggested that they first finish the LOS discussion and see if any changes are warranted in the fee schedule. rd Mr. Zorc ’s third point was that he favored a boulevard concept road design for 43 Avenue (rather than a center continuous turn lane) no matter how wide it is decided to make it. August 10, 2004 24 9.B.3. PUBLIC DISCUSSION ITEM – DIAN GEORGE – ROAD WIDENING PROJECTS th Dian George , 1515 27 Avenue, advised that she has attended all Board meetings th since and including the May 17 meeting and has also viewed the video tape again. She found one consistency in all the meetings: that the general public does not want roads to be widened and the developers do want roads widened. She also stated that staff is obtuse on the subject and has presented no solutions. She had read and found information in the Comprehensive Plan and §163 FS. She suggested the Board stop being confused by the “shell game” and read these regulations for themselves and demand the County’s employees abide by them. 9.B.4. PUBLIC DISCUSSION ITEM - ADRIENE CUFFE – DEPARTMENT OF COMMUNITY AFFAIRS POWERPOINT TH PRESENTATION JULY 20 OR RELATED SUBJECT ROAD WIDENING rd Adriene Cuffe , 695 43 Avenue, referred to the PowerPoint presentation she read th on July 20regarding Mr. Oujevolk’s computer software simulation for traffic studies She did not understand why the County has not used his suggestion. (Presentation is on file with the backup of July 20, 2004 meeting.) 9.B.5. PUBLIC DISCUSSION ITEM - JOHN T. WILLIAMS – VISIONING PROCESS John Williams read from prepared comments (A copy is on file in the office of the Clerk to the Board.) which contained nine (9) suggestions for the Board’s consideration concerning the urban service area, height limitations, road widening, lowering of densities, narrowing the window on permitting concurrency, reduction of the road improvement set-asides from the optional sales tax, protection of the Indian River Lagoon frontage through transfer of development rights, purchase of development rights of agricultural land within the urban service area only, as well as other subjects. August 10, 2004 25 9.B.6. PUBLIC DISCUSSION ITEM – LARRY WAPNICK – USE OF GOVERNMENT ACCESS CHANNEL FOR CANDIDATE DEBATE BEING SPONSORED BY THE VETERAN’S COUNCIL Larry Wapnick , representing the Veterans Council and Commander John Matthews, asserted that voters do not know for whom to cast their votes in the local election because little is known about the candidates. He stated that the Veterans Council of Indian River County has joined with the Hometown News and Comcast Cable TV to present a candidates debate on the local cable TV government access channel. This debate would occur prior to the st primary on August 31 and again prior to the runoff for the County’s election. Invitations will be sent to all the candidates and it would be well advertised. An impartial moderator would be there to facilitate the debate. Commissioner Lowther noted that two years ago when he was elected that a local channel had a similar presentation. Mr. Wapnick responded that those were “forums” and this idea is “debates” and there is a difference, to which Commissioner Lowther responded that the forums turned into Mr. Wapnick debates. understood that the local TV Channel 10 (WWCI TV 10) has a forum in the works. Mr. Wapnick When questioned as to dates and times, stated that information would be forthcoming soon. In closing, he commended the Board for their support because of which the Veterans Council is able to help other veterans. August 10, 2004 26 11.B.1. EMERGENCY SERVICES – THE PLACE AT VERO BEACH, INC. - RENEWAL OF CLASS E-1 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE NON-EMERGENCY WHEELCHAIR SERVICES ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0 Commissioner Ginn absent) approved renewal of the Class E1 Certificate of Public Convenience and necessity for The Place at Vero Beach, Inc., to be effective for a period of two (2) years from August 10, 2004, to August 10, 2006, as recommended in the memorandum of July 20, 2004. A COPY OF THE CERTIFICATE IS ON FILE WITH THE BACKUP IN THE OFFICE OF THE CLERK TO THE BOARD 11.C.1. OLD DOUGLASS SCHOOL – FINAL PAYMENT TO HVAC, INC. FOR AIR-CONDITIONER IN CAFETORIUM MOTION WAS MADE by Commissioner Adams, SECONDED BY Commissioner Lowther, to approve staff’s recommendation. Under discussion, Vice Chairman Neuberger questioned whether a problem with the air-conditioning system had been corrected, and General Services Director Tom Frame was certain whatever it was had been resolved. He had not been made aware there had been a problem. Commissioner Macht thought it was a thermostat problem. August 10, 2004 27 THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously (4-0 Chairman Ginn absent). (The Board authorized full and final payment in the amount of $8,009.60 payable to HVAC, Inc., as recommended in the memorandum of July 20, 2004.) 11.C.2. USE OF A CONSTRUCTION MANAGEMENT AT RISK AS THE FORM OF DELIVERY FOR THE CONSTRUCTION OF THE NEW ADMINISTRATION BUILDING MOTION WAS MADE by Commissioner Adams, SECONDED BY Commissioner Macht, to approve staff’s recommendation. At Vice Chairman Neuberger’s request, General Services Director Tom Frame explained the process of using a construction manager at risk. He also reviewed his memorandum of July 28, 2004 concerning the new Administration Building Complex which has evolved as a complex project with two very large buildings and a very complicated site development plan. Staff felt the County would be setting up for problems by having a low bid process for construction. Staff thought it would be better to have a construction manager get familiar with the project, the elements, and the issues associated with that project and thus greatly avoid the potential of change order applications. The County has started using that process on a number of projects such as the North County Park (not the pool), the Joint Use Fleet Facility, and the Road and Bridge Facility. He explained that the end result would be that the contractor is locked into a price. If the project comes in lower, the savings is the County’s, but if it comes in higher, the contractor is responsible. He recommended the process as the wise way to proceed. August 10, 2004 28 In Vice Chairman Neuberger’s past experience, he was aware of a lot of low-bidder contracts and it seemed that almost every contract would have a change order for unforeseen circumstances. He asked how such instances would be overcome. Director Frame could not tell the Board that this project would result in no change orders, but he believed that bringing in a construction manager to participate along with the design team in the development of the final plans would greatly alleviate the opportunity of the contractor being able to say something like, “That was left out of the plans and I had no idea that that was to be included”. Typically, when bidding a project on the basis of the low bid, one of the techniques is to go through the plans and quickly detect what the architect has left out of the plans and submit the bid accordingly because that would be an area for a change order to be submitted later. Of course, there would be the possibility of an underground pipe that no one knows exists. Commissioner Lowther inquired as to the cost, and Director Frame did not know but it would be a firm and not an individual. It would be premature to guess about the cost. The plans would need to be closer to finalizing before he could speculate on the cost. Commissioner Adams thought the use of this process has been good in the past; it has save the County money, they have been able to eliminate unnecessary steps, cut the construction time down, and limit delays. The construction manager at risk is working for the County and his job is to save us time and money. The Chairman CALLED THE QUESTION and the motion carried unanimously (4-0, Chairman Ginn absent). (Approved the use of the Construction Management at Risk form of delivery for the construction of the New Administration Building and authorized staff to advertise a Request for Qualifications for such services, as recommended in the memorandum of July 28, 2004. August 10, 2004 29 11.I.1. PUBLIC WORKS – SECTOR 7 BEACH RESTORATION ALTERNATIVE DESIGN – APPLIED TECHNOLOGY AND MANAGEMENT CONTRACT – AMENDMENT #9 Commissioner Adams read aloud the staff’s recommendation to adopt the recommendation of the Beach and Shore Preservation Advisory Committee to authorize ATM to prepare an alternative design for Sector 7. Vice Chairman Neuberger asked for more information for the benefit of the public. Coastal Resources Manager Jonathan Gorham, Ph.D., advised that the Department of Environmental Protection was reluctant to accept the application submitted for Sector 7 because of a concern for the impact on a near shore reef. Our application for Sector 7 was similar to that used for Sectors 1 & 2, which has performed well, but the mitigation required was expensive and should be avoided for Sector 7 because cost-sharing with the State would not be available. Therefore, alternatives have been considered and it is felt that using this new “reduced-impact alternative” design may be in our best interest for this beach. He used visual aids from the backup to explain the differences in the two designs. The new design would spread sand more to the north where there is not so much reef. The total volume of sand would be reduced so the cost would also be reduced. The level of storm protection is definitely less, re-nourishment would need to occur more frequently, and there would be zero impact on the near-shore reef. Commissioner Adams commented that the downside of this new project design is not having DEP as a partner. Section 7 has been tough to get permitted and will be tough to keep going. The new design concept would be just a band-aid and not give storm protection. She pointed out that there is no public property there and no public access so we cannot leverage the cost by having DEP funding part of the cost. She lamented that very project gets more difficult. Mike Jenkins of Applied Technology & Management (ATM) commented that Jonathan’s assessment was quite correct regarding conditions at DEP; There has been serious resistance against the approval of the application. It is highly unlikely that it would be approved. August 10, 2004 30 In response to Commissioner Macht, Commissioner Adams advised that Senator Pruitt has attempted to assist but has not been successful in assisting us. Discussion ensued. Commissioner Adams thought that environmental pressure (to have absolutely no impact) has been a great influence in DEP’s unwillingness to accept our application on Sector 7. ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Chairman Ginn absent) adopted the recommendation of the Beach and Shore Preservation Advisory Committee to replace the current Sector 7 beach restoration design with the alternative design, and approved Contract Amendment #9 with Applied Technology and Management, Inc., as recommended in the memorandum of June 23, 2004. AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD August 10, 2004 31 11.I.2. PUBLIC WORKS – CITY OF VERO BEACH PUBLIC UTILITY EASEMENTS – ROAD & BRIDGE COMPOUND (PROJECT NO. 9820, SITE #1) AND FUTURE UTILITIES COMPLEX ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Chairman Ginn absent) approved the proposed easements and authorized the Chairman to execute same, as recommended in the memorandum of July 28, 2004. COPIES OF DEED OF EASEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD (TO BE RECORDED IN THE PUBLIC RECORDS) 11.I.3. PUBLIC WORKS - FALCON TRACE SUBDIVISION – INDIAN RIVER ASSOCIATES II, LLP - DEVELOPER’S AGREEMENT ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Chairman Ginn opposed) approved the Developer’s Agreement, as recommended in the memorandum of August 4, 2004. (Funding of the County’s costs shall be from Fund 1092140 Local Option Gas Tax.) AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD August 10, 2004 32 11.J. UTILITIES SERVICES –GALVANIZED WATER MAIN THTH REPLACEMENT PROJECT – 17 STREET AT 5 AVENUE – WORK AUTHORIZATION DIRECTIVE NO. 2001-090– UNDERGROUND UTILITIES, INC. (GEORGE E. FRENCH) ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously (4-0, Chairman Ginn absent) approved a) the expenditure of funds for this project in the total amount of $19,271.86; and 2) authorized the Chairman to execute Work Authorization Directive No. 2001-090 (see Attachment 2), in the amount of $13,593.90, to Underground Utilities, Inc., for the labor portion of the project, as recommended in the memorandum of July 27, 2004. WORK AUTHORIZATION DIRECTIVE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD The Chairman declared a 5-minute recess at 10:42 a.m. The meeting was reconvened at 10:49 a.m. with the same members present. August 10, 2004 33 12. COUNTY ATTORNEY – AGREEMENT CONCERNING DELIVERY AND USE OF STORMWATER BETWEEN INDIAN RIVER COUNTY, INDIAN RIVER FARMS WATER CONTROL DISTRICT, AND BLUE HERON ENERGY CENTER, LLC, A WHOLLY OWNED CALPINE CORPORATION SUBSIDIARY County Attorney Collins advised that this proposal has been some years in the making; the last time the agreement came before the Commission was just before Commissioner Lowther and Vice Chairman Neuberger took office. At that time the Board approved the agreement with minor changes that have been incorporated in the document before them.. Since that time, Calpine has been working on the details with Indian River Farms Water Control District and searching for end users for its power as required by the Public Service Commission. They now need to finalize this water-delivery agreement; the water will cool their power plant. He believed th that all parties would benefit. This agreement will create a stormwater pond at 74 Avenue near the power plant and retain some of the stormwater that might otherwise discharge into the Lagoon. th They will build pipelines down the 74 Avenue canal and road right-of-way to the power plant and will use the stormwater for cooling the power plant. In addition, Calpine has agreed to accept a th portion of the brine from the 20 Avenue reverse osmosis plant. There are also provisions for the delivery of the water. He believed all parties are satisfied and are in agreement with this contract and recommended approval by the Board. He noted that Calpine was scheduled to go before IRFWCD the end of the week. In response to Commissioner Lowther’s questions about the height of stacks and what would happen in the event of a draught, County Attorney Collins could not recall the height of the stacks but whatever was approved 3-4 years ago under the special exception approval would have included that. County Attorney Collins advised that Mr. Gunter (IRFWCD) had given assurances that a draught would not be a problem. August 10, 2004 34 Tim Eves, representing the Calpine Corporation, 270 N. Rocky Point Drive, Suite 1200, Tampa 33607, advised the height of the stacks would be 135 feet. Visual studies have been done and he advised he would bring them by to show to Commissioner Lowther. Because of the height of the trees that line the boundary of the site, the plant will not be seen except on the east side and Calpine has agreed to do some landscaping along that side. He thought the stacks at the Vero Beach power plant were about 300 feet. MOTION WAS MADE by Commissioner Adams, SECONDED BY Commissioner Macht, to approve staff’s recommendation. Bob Johnson , Coral Wind Subdivision, believed the original agreement stipulated that there would be no allowance for drilling a well for water in case of a draught. County Attorney Collins had no recall about drilling, but could not imagine that a well would provide the quantity of water they would need to cool the plant. Mr. Eves advised that through all their applications with the Department of Environmental Protection they have specifically stated that they will not be drilling any wells on site or requesting approval to drill any wells. The Chairman CALLED THE QUESTION and the motion carried unanimously (4-0, Chairman Ginn absent). (The Board approved the agreement with Indian River Farms Water Control District and Blue Heron Energy Center, L.L.C. (wholly owned Capine Corporation subsidiary) and authorized the Chairman to execute same, as recommended in the memorandum of August 4, 2004. August 10, 2004 35 AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13.B. VICE CHAIRMAN ARTHUR R. NEUBERGER – ST. JOHNS RIVER ALLIANCE ADDITIONAL INFORMATION Vice Chairman Neuberger advised he had added some backup for the Commissioners to read concerning the St. Johns River Alliance (minutes from the Board of Directors Workshop held July 28, 2004) in response to their questions at the last meeting. 13.D. COMMISSIONER THOMAS S. LOWTHER – ALS (ADVANCED LIFE SUPPORT) ENGINES Vice Chairman Neuberger advised that Chairman Ginn had asked that this item be deferred until she returns. Commissioner Lowther wanted to comment now and he will bring it back when Chairman Ginn is here. He recalled a comment at budget time about the high cost of the lifepaks. He wanted to bring out a comparison of costs when an ALS engine was implemented at Station 6 in south beach in 2000. He questioned the expenses and actions that had occurred and wanted to discuss dual certification again. Vice Chairman Neuberger wanted to limit discussion on this subject because he thought Chairman Ginn was the one who made the comment. August 10, 2004 36 13.E.1. COMMISSIONER KENNETH R. MACHT – ALTERNATE CONSIDERATION FOR DEVELOPING TRAFFIC ROUTES IN THTH SOUTHWEST COUNTY FROM 20 AVENUE TO 66 AVENUE rd Concerning the widening of 43 Avenue, Commissioner Macht suggested looking at more global traffic solutions by interfacing with and in cooperation with St. Lucie County. He suggested contracting with an independent consultant to gather information from staff of both rdth governments to plan to divert traffic away from 43 Avenue to 58 Avenue by connecting with rdth Kobelgard Road (in St. Lucie County) and widening Oslo Road between 43 and 58 Avenues to create alternate routes. With the Commissioners’ concurrence, maybe a consultant could be commissioned to investigate these possibilities and work with Mr. Oujevolk and others to look at thth the possibility of developing alternative routes between 20 and 66 Avenues as well. He reviewed some of the other suggestions on the additional backup that was provided for this agenda item. He hoped that within a reasonable amount of time a report could be generated on the possibilities of alternatives. Vice Chairman Neuberger commented that it is a lot to ask of St. Lucie County thth because Kobelgard Road is not paved nor is 58 Avenue and 25 Street SW. He thought it was a wonderful idea but he believed it was a long time off and the ones sitting at the table at that time should consider them. Commissioner Lowther thought that day is now and agreed with Commissioner Macht. He believed the Commissioners needed to look at all possibilities and give all their energy rd to not 5-laning 43 Avenue and taking it all the way down to the county line. County Administrator Baird stated that staff believes an independent consultant is needed on this issue (3-laning or 5-laning and all the alternatives). That consultant would look at all the roadway and intersection capacities, look at the committed developments, look at a LOS of th D, E or F, look at Mr. Oujevolk’s ideas, look at traffic diversions to 58 Avenue to see if it will August 10, 2004 37 help, connecting with Kobelgard Road which is dirt all the way, to look at a realignment, look at alternative routes and traffic calming buffers, and have public information meetings. He thought it would take 120 days and staff has no problem with getting an independent to look at this. It might be helpful in this situation and bring out some ideas that have not been thought of. th Commissioner Adams inquired if this would include looking at 27 Avenue also, and Commissioner Macht stated that the charge to the consultant would be to look at traffic from thth 20 Avenue out to 66 Avenue. There was discussion and Vice Chairman Neuberger agreed with the concept, but asked if Mr. Mora had looked at this. Traffic Engineer Chris Mora responded that one of the big advantages of having an independent consultant is he could pull information from St. Lucie County about which we are unaware. There are two large DRI developments happening south of our county line, Indrio Road Crossings and a Visions DRI. These are very large projects. One is at I-95 and Indrio Road , the other is actually going to be on Kobelgard Road. Staff feels that with those developments coming, those roads will not remain unpaved for very long. th Vice Chairman Neuberger inquired about our plan to continue 58Avenue, and Public Works Director James Davis replied that during the budget process the Board considered Fund 109 and the Traffic Impact Fee District funds and within those funds there is money th budgeted for paving Kings Highway between Oslo Road and 25 Street SW. Survey work is budgeted and staff has done considerable work on other scenarios in following the Board’s direction. Commissioner Lowther took issue with the information and the program brought rdth forward by staff and the planning to widen 43 Avenue just to 8 Street. He thought the planning should have been gone to the south county line. th Director Davis noted that staff was using the MPO chart which delineated the 8 thrd Street to 26 Street section of 43 Avenue. That plan was developed on computer modeling in the 1990s. Staff has been working on the project for several years; the stormwater ponds are built. August 10, 2004 38 MOTION WAS MADE by Commissioner Lowther, SECONDED by Commissioner Macht, to hire an independent consultant to do an evaluation on the items listed on the additional backup submitted for this item. Commissioner Adams understood (and it was confirmed) that all of what is on the list would be included in an RFQ. County Administrator Baird suggested they might use a continuing services contract to make it quicker. Vice Chairman Neuberger specified that he wanted to be certain that the motion was clear to staff. The Chairman CALLED THE QUESTION and it carried unanimously (4-0 Commissioner Ginn absent). (The Board approved hiring an independent consultant to evaluate all items listed on the backup submission as follows: independent consultant evaluation; 5-lane versus 3-lane; roadway and intersection capacity; committed development, level of service “D”, “E”, and “F”, concurrency exemption; Richard Oujevolk’s methodology; th traffic diversion to 58 Avenue – thru trucks, -connection to Kobelgard Road, -trip assignment model; alternative thth routes between 66 Avenue and 20 Avenue; traffic calming/buffers; public information meeting(s); presentation(s) to BCC; complete study in 120 days; and  study cost $50,000.) August 10, 2004 39 13.E.2. COMMISSIONER KENNETH R. MACHT – NEIGHBORHOOD PLANNING Commissioner Macht deferred this item until Chairman Ginn returns. 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 WITH THE OFFICIAL DOCUMENTS 14.A. EMERGENCY SERVICES DISTRICT - NONE 14.B. SOLID WASTE DISPOSAL DISTRICT 14.B.1.AM– PPROVAL OF INUTES RMJ8,2004 EGULAR EETING OF UNE RMJ15,2004 EGULAR EETING OF UNE SMJ21,2004 PECIAL EETING OF ULY 14.B.2.RFQ6066–CCSC ONTINUING ONSULTING ERVICES ONTRACTS SWDD–FF FOR OLID ASTE ISPOSAL ISTRICT IVE IRMS August 10, 2004 40 14.B.3.LGCSCS ANDFILL AS OLLECTION YSTEM ONSTRUCTION CHEDULE TE(30)–ERCGCS, IME XTENSION DAYS ENERAL ONTRACTING ERVICES I.(CD&MK) NC AMP RESSER CEE 14.B.4.CLRF ONTRACT FOR ANDSCAPING THE OSELAND AND ELLSMERE CC(TS)–N,I. ONVENIENCE ENTERS RANSFER TATIONS ATURELAND NC The Chairman announced that immediately upon adjournment of the Emergency Services District Meeting, the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately and are appended to this document. 14.C. ENVIRONMENTAL CONTROL BOARD - NONE ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:14 a.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Arthur R. Neuberger, Vice Chairman Minutes Approved: _________________ BCC/PR/2004 Minutes August 10, 2004 41