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Home My WebLink About09/13/2005 (2) INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF SEPTEMBER 13, 2005 1.CALL TO ORDER........................................................................................ 1 2.INVOCATION ............................................................................................... 1 3.PLEDGE OF ALLEGIANCE...................................................................... 1 4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ............................................................................................................ 1 5.PROCLAMATION DESIGNATING SEPTEMBER 19-23, 2005 AS INDUSTRY APPRECIATION WEEK ...................................................... 2 6.APPROVAL OF MINUTES ........................................................................ 2 7.CONSENT AGENDA ................................................................................... 2 7.A.R .......................................................................................................................3 EPORT 7.B.AW ...........................................................................................3 PPROVAL OF ARRANTS 7.C.TOEZDA(EZDA) ERMS OF FFICE FOR NTERPRISE ONE EVELOPMENT GENCY M–LN-VC:CC EMBERS IAISON ONOTING OMMISSIONER OMMISSION HAIRMAN TL ............................................................................................................3 OM OWTHER September 13, 2005 1 7.D.RN.2005-133–TPVPT–G ESOLUTION O HE RESERVE OF ERO HASE WO EN D,I.–DDSC EVELOPMENT NC ECLARING EFAULT IF IDEWALKS NOT OMPLETED S27,2005 .............................................................................................4 BY EPTEMBER 7.E.CTRTC–ET ERTIFICATION OF AX OLL TO AX OLLECTOR XTENSION OF THE AX RPCVABH ..............5 OLL RIOR TO OMPLETION OF ALUE DJUSTMENT OARD EARINGS 7.F.HS-C’SACRFQ UMAN ERVICES HILDRENS ERVICES DVISORY OMMITTEE #2006019–C-WNA ..............................................5 OMMUNITY IDE EEDS SSESSMENT 7.G.EOC43A–D& RD MERGENCY PERATIONS ENTER ON VENUE ONADIO A–ACAD..............6 SSOCIATES MENDMENT TO ONTRACT WITH RCHITECT FOR ESIGN 7.H.CA–RC“E”CP OUNCIL ON GING ENEWAL OF LASS ERTIFICATE OF UBLIC CNPWS .....................6 ONVENIENCE AND ECESSITY TO ROVIDE HEELCHAIR ERVICES 7.I.800MHCSIM Z OMMUNICATIONS YSTEM NFRASTRUCTURE AINTENANCE C-CI,I.–CN ONTRACT OMMUNICATIONS NTERNATIONAL NC ONTRACT UMBER CII-05-181 ..................................................................................................................7 7.J.BR–S1&27–AT EACH ESTORATION ECTORS AND PPLIED ECHNOLOGY AND M(ATM)–AN.13–FEMAD1545 ANAGEMENT MENDMENT O ECLARATION DR-FLFDEPGA98IR1H5IR1 ....................................7 AND RANT GREEMENT AND 7.K.FDEPBRPA98IR1-AN. EACH ESTORATION ROJECT GREEMENT MENDMENT O 7–S12 ...................................................................................................8 ECTORS AND 7.L.GYAC,I.–R IFFORD OUTH CTIVITY ENTER NC EIMBURSEMENT FOR MR(F) .....................................................................8 AINTENANCE AND EPAIRS LOORS 7.M.SFDHC–FY2005/2006 ............9 TATE OF LORIDA EPARTMENT OF EALTH ONTRACT 7.N.RN.2005-134–MBA021.............9 ESOLUTION O ISCELLANEOUS UDGET MENDMENT 7.O.JE–FPASK OYAL NTERPRISES INAL LAT PPROVAL FOR UBDIVISION TO BE NOWN PLE ........................................................................................... 10 AS ARK ANE STATES 7.P.C/LWL.L.C.–FPA ENTEXENNAR AT OODFIELD INAL LAT PPROVAL FOR WPDFPP14 ..................................... 12 OODFIELD INAL LATS FOR HASES THROUGH 7.Q.CH–FPAVLS ENTEX OMES INAL LAT PPROVAL FOR EROAGO UBDIVISION PIIV ............................................................................................ 12 HASES THROUGH 7.R.LCSF,I.–FPA ENNAR OMMUNITIES OF OUTH LORIDA NC INAL LAT PPROVAL SKVTATV ............................ 13 FOR UBDIVISION NOWN AS ERONA RACE ND HE ILLAS September 13, 2005 2 7.S.ALNLLC–FPAS SHLEY AKES ORTH INAL LAT PPROVAL FOR UBDIVISION TO BE KALN .......................................................................... 13 NOWN AS SHLEY AKES ORTH 7.T.ALN–D’AD SHLEY AKES ORTH EVELOPERS GREEMENT FOR EVELOPER CII45S58 THTH ONTRIBUTIONS TO NTERSECTION MPROVEMENTS AT TREET AND A .................................................................................................................... 14 VENUE 7.U.P/CIR–AJ.GR ROPERTYASUALTY NSURANCE ENEWAL RTHUR ALLAGHER ISK MS(G)–SIC ANAGEMENT ERVICES ALLAGHER IVER NSURANCE ONSULTANTS (S)–18-MPT ........................................................................ 14 IVER ONTH OLICY ERM 8.CLERK OF COURT JEFFREY K. BARTON – INCREASE CHECK SIGNING AUTHORIZATION FOR AMOUNTS GREATER THAN $20,000 ........................................................................ 15 9.A.1.PUBLIC HEARING ORDINANCE NOS. 2005-035 AND – 2005-036 -HEALTH SYSTEMS OF INDIAN RIVER INC. – AMEND THE COMPREHENSIVE PLAN TO REDESIGNATE ±21.2 ACRES FROM L-1 TO C/I AND TO REZONE THOSE ±21.2 ACRES FROM RS-3 TO MED; AND TO AMEND THE COMPREHENSIVE PLAN TO REDESIGNATE ±21.2 ACRES FROM C/I TO L-1 (LEGISLATIVE)....................................................... 15 9.A.2.PUBLIC HEARING – ORDINANCE NO. 2005-037 – COUNTY-INITIATED AMENDMENT TO THE INTRODUCTORY ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE) ............................................................................. 18 9.A.3.PUBLIC HEARING – ORDINANCE NO. 2005-038 – COUNTY INITIATED AMENDMENT OF THE CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE) ............................................................................. 19 September 13, 2005 3 9.A.4.PUBLIC HEARING – ORDINANCE NO. 2005-039 – COUNTY INITIATED AMENDMENT TO THE TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE) ......................................................................................... 27 9.A.5.PUBLIC HEARING – ORDINANCE NO. 2005-040 – COUNTY INITIATED AMENDMENT OF THE TEXT OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE) ......................................................................................... 29 9.A.6.PUBLIC HEARING – ORDINANCE NO. 2005-041 – COUNTY INITIATED AMENDMENT TO THE RECREATION AND OPEN SPACE ELEMENT, ECONOMIC DEVELOPMENT ELEMENT, AND SOLID WASTE SUB-ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE) ....................................... 30 9.A.7.PUBLIC HEARING – ORDINANCE NO. 2005-042 – COUNTY INITIATED AMENDMENT TO THE CONSERVATION ELEMENT AND COASTAL MANAGEMENT ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE) ............................. 31 9.A.8.PUBLIC HEARING – CONSIDERATION OF DECLARING A MORATORIUM ON SMALL LOT SINGLE-FAMILY SUBDIVISIONS (LEGISLATIVE) .......................................................... 32 9.B.PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM SCOTT SANDERS REGARDING STRUCTURAL OVERHANG REGULATIONS FOR PROPOSED RESIDENCE................................ 33 September 13, 2005 4 9.C.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING .................................................................................................... 35 9.C.1.O4,2005M–C CTOBER EETING OUNTY INITIATIED REQUEST TO REZONE ±32.54IRTE,M ACRES LOCATED WITHIN THE NDIAN IVER WIN STATES OBILE VIRASRMH-8,R ILLA AND NDIAN IVER CRES UBDIVISIONS FROM ESIDENTIAL MHD(8/),R-4,R OBILE OME ISTRICT UP TO UNITSACRE TO OSE OSELAND RD(4/)(Q-J) ......................... 35 ESIDENTIAL ISTRICT UP TO UNITSACRE UASIUDICIAL 9.C.2.O11,2005M:CG’ CTOBER EETING OMMANDER ROVES REQUEST TO REZONE 247.6782A1 NDST ACRES LOCATED AT THE NORTHWEST CORNER OF VENUE AND SSWA-1,AD(1/5), TREET FROM GRICULTURAL ISTRICT UP TO UNIT ACRES TO RS-3,S-FRD(3/),P INGLEAMILY ESIDENTIAL ISTRICT UP TO UNITSACRE REMIER C,O.S,BS,LLC,A ITRUS WNER CHULKE ITTLE AND TODDARD GENT (Q-J) .................................................................................................... 35 UASIUDICIAL 10.COUNTY ADMINISTRATOR’S MATTERS – DRAFT OF FIRE AND EMS CONSOLIDATION IMPLEMENTATION STUDY - PRESENTATION BY DON LONG, CONSULTANT, MANAGEMENT ADVISORY GROUP, INC. ....................................... 36 11.C.GENERAL SERVICES - JAIL EXPANSION PROJECT - CRA (CLEMONS RUTHERFORD & ASSOCIATES) ARCHITECTS - AMENDMENT ONE .................................................................................. 41 11.I.PUBLIC WORKS – BID #7074 AWARDED TO RANGER ST CONSTRUCTION FOR THREE (3) PROJECTS: 1) 41 STREET WIDENING, SIDEWALK AND DRAINAGE IMPROVEMENTS; RDTH 2) 43 AVENUE, 39 STREET TO DODGERTOWN STTH ELEMENTARY; 3) 41 STREET/58 AVENUE INTERSECTION IMPROVEMENTS – TURN LANES AND SIGNALIZATION ...................................................................................... 42 September 13, 2005 5 11.J.1.UTILITIES SERVICES – VERO LAKE ESTATES – WATER & SEWER UTILITY ASSESSMENT – KIMLEY-HORN & ASSOCIATES, INC. – WORK ORDER NO. 11 ..................................... 43 11.J.2.UTILITIES SERVICES – RESOLUTION NOS. 2005-135 AND 2005-136 – CRYSTAL SANDS PETITION WATER SERVICE THTHTHRD 47 AND 48 PLACE AND 48 STREET, EAST OF 43 AVENUE – INDIAN RIVER COUNTY PROJECT NO. UCP-2507 – PRELIMINARY ASSESSMENT RESOLUTIONS I AND II............ 43 12.COUNTY ATTORNEY – REQUEST FOR ATTORNEY-CLIENT SESSION WITH THE BOARD OF COUNTY COMMISSIONERS TO DISCUSS SETTLEMENT PROPOSALS WITH RESPECT TO MGD DEVELOPMENT OF FLORIDA II, LLC V. INDIAN RIVER COUNTY ........................................................................................ 45 DOCUMENTS MADE PART OF THE RECORD: .................................................... 46 BROOKFIELD AT TRILLIUM PHASES A AND B - WOODSIDE HOMES OF SOUTHEAST FLORIDA, LLC (BONDING) .................................. 46 CW3-PRD HECK TO ARRANTY FOR A YEAR ERIOD THE OADWAY AND RAINAGE I(PA&B);CGC MPROVEMENTS HASES HECK TO UARANTEE OMPLETION OF S(PA);CGC IDEWALKS HASE AND HECK TO UARANTEE OMPLETION OF S(PB) ............................................................................................. 46 IDEWALKS HASE OSLO RIVERFRONT CONSERVATION AREA - JCL INVESTMENT GROUP, INC. – LEONA DIAMOND TRUST & LEONA DIAMOND ................................................................................................... 46 AAOP .............................................. 46 SSIGNMENT AND MENDMENT OF PTION TO URCHASE September 13, 2005 6 14.A.EMERGENCY SERVICES DISTRICT .................................................. 46 14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 47 14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 47 September 13, 2005 7 September 13, 2005 MEETING OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY 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, September 13, 2005, at 9:00 a.m. Present were Chairman Thomas S. Lowther, Vice Chairman Arthur R. Neuberger, Commissioners Sandra L. Bowden, Wesley S. Davis, and Gary C. Wheeler. Also present were Administrator Joseph A. Baird, County Attorney William G. Collins II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Patricia Ridgely. 1. CALL TO ORDER Chairman Lowther called the meeting to order. 2. INVOCATION Public Works Director Jim Davis delivered the Invocation. 3. PLEDGE OF ALLEGIANCE County Attorney William C. Collins II led the Pledge of Allegiance to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS September 13, 2005 1 Chairman Lowther announced that the Board would be taking a 5-minute break at least every hour and a half due to the closed captioning now available for the meetings. He also requested hearing Items 9.B.1., 10., and 9.A.3. before Item 9.A.1. County Attorney Collins advised that there would be an attorney-client session held at 11:30 a.m. or as soon as possible after that time to discuss settlement proposals with respect to MGD Development of Florida II, LLC v. Indian River County. (Item 12.) ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowden, the Board unanimously made the requested changes to the agenda. 5. PROCLAMATION DESIGNATING SEPTEMBER 19-23, 2005 AS INDUSTRY APPRECIATION WEEK Don Loftus Chairman Lowther read the proclamation and presented it to who thanked the Board for the recognition and efforts of all involved in helping businesses get back to where they are now. 6. APPROVAL OF MINUTES None. 7. CONSENT AGENDA Chairman Lowther pulled item 7.D. (Commissioner Wheeler thought Chairman Lowther had pulled 7.G. and had a question on it. Commissioner Bowden pulled items 7.O., 7.P., 7.Q., 7.R., 7.S., and 7.T. for general comments. September 13, 2005 2 Commissioner Davis pulled item 7.T. for specific comment. Commissioner Wheeler pulled item 7.N. 7.A. R EPORT The following report has been received and is on file in the office of the Clerk to the Board: Vero Lake Drainage District General Fund Budget for Year Ended September 30, 2006 7.B. AW PPROVAL OF ARRANTS ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for August 26 to September 1, 2005, as requested. 7.C. TOEZDA ERMS OF FFICE FOR NTERPRISE ONE EVELOPMENT GENCY (EZDA)M–LN-VC: EMBERS IAISON ONOTING OMMISSIONER CCTL OMMISSION HAIRMAN OM OWTHER ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously accepted the list of committee members and their terms, as listed in the memorandum of September 7, 2005. September 13, 2005 3 7.D. RN.2005-133–TPVPT ESOLUTION O HE RESERVE OF ERO HASE WO –GD,I.–DDS EN EVELOPMENT NC ECLARING EFAULT IF IDEWALKS CS27,2005 NOT OMPLETED BY EPTEMBER In response to Chairman Lowther’s concerns, County Administrator Baird stated that the developer agreed to increase the letter of credit to meet the increased costs to $32,000 instead of $23,000. With increasing costs, the old amount would not have covered the cost if the County had been required to complete the project. MOTION WAS MADE by Commissioner Neuberger, SECONDED by Commissioner Davis, to approve staff’s recommendation. Under discussion, Commissioner Davis expressed concern about prices outpacing our security requirements, and Public Works Director Jim Davis explained that the only way we could verify prices would be to bid the jobs ourselves. Director Davis also stated that the bonded jobs are a nightmare for his department to monitor. County Attorney Collins anticipated no problems in the future because recent procedure changes should resolve that concern. The Chairman CALLED THE QUESTION and the motion carried unanimously. (The Board adopted Resolution No. 2005-133 declaring default by Gen Development, Inc. in its obligation to complete required offsite sidewalk improvements to the Preserve of Vero Phase Two, and authorizing staff to make sight draft against First Business Bank (now known as First Business Bank) Irrevocable September 13, 2005 4 Letter of Credit No. 05-2003 dated May 30, 2003, as amended.) 7.E. CTRTC–E ERTIFICATION OF AX OLL TO AX OLLECTOR XTENSION OF TRPCVA THE AX OLL RIOR TO OMPLETION OF ALUE DJUSTMENT BH OARD EARINGS ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously certified the FY 2005/2006 tax roll to the Tax Collector and extended the tax roll prior to completion of Value Adjustment Board hearings, as requested in the memorandum of August 31, 2005. 7.F. HS-C’SAC UMAN ERVICES HILDRENS ERVICES DVISORY OMMITTEE RFQ#2006019–C-WNA OMMUNITY IDE EEDS SSESSMENT ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously authorized the issuance of a request for qualifications for Children’s Services for FY 2005-2006, as requested in the memorandum of September 2, 2005. September 13, 2005 5 7.G. EOC43A–D& RD MERGENCY PERATIONS ENTER ON VENUE ONADIO A–ACA SSOCIATES MENDMENT TO ONTRACT WITH RCHITECT FOR D ESIGN Steve Blum Project Manager responded to a question of Commissioner Wheeler (on the difference in the fee percentage for design between the jail and the EOC) that there is a difference in the fee percentage based on the size of the project and there is also a complexity issue on the design of the EOC with infrastructure and special structural requirements. ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Amendment Number 2 with Donadio & Associates, Architects of Vero Beach for the proposed Emergency Operations Center and Emergency Services Department rd offices at 43 Avenue, as recommended in the memorandum of September 6, 2005. AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.H. CA–RC“E”C OUNCIL ON GING ENEWAL OF LASS ERTIFICATE OF PCNPW UBLIC ONVENIENCE AND ECESSITY TO ROVIDE HEELCHAIR S ERVICES ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the renewal of the Class “E” Certificate for the Council on September 13, 2005 6 Aging, as recommended in the memorandum of September 7, 2005. COPY OF CERTIFICATE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.I. 800MHCSI Z OMMUNICATIONS YSTEM NFRASTRUCTURE MC-CI, AINTENANCE ONTRACT OMMUNICATIONS NTERNATIONAL I.–CNCII-05-181 NC ONTRACT UMBER ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the contract with Communications International, Inc. with funding provided from the Communications/Emergency Services budget, as recommended in the memorandum of September 1, 2005. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.J. BR–S1&27–A EACH ESTORATION ECTORS AND PPLIED TM(ATM)–AN.13– ECHNOLOGY AND ANAGEMENT MENDMENT O FEMAD1545DR-FLFDEPG ECLARATION AND RANT A98IR1H5IR1 GREEMENT AND September 13, 2005 7 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Contract Amendment No. 13 with Applied Technology and Management in the amount of $394,204.10 with reimbursement from FEMA and FDEP as set out and as recommended in the memorandum of September 6, 2005. DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.K. FDEPBRPA98IR1- EACH ESTORATION ROJECT GREEMENT AN.7–S12 MENDMENT O ECTORS AND ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the Florida Department of Environmental Protection (FDEP) Contract 98IR1 Amendment No. 7 and authorized the Chairman to execute same, as recommended in the memorandum of August 31, 2005. AMENDMENT NO. 7 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.L. GYAC,I.–R IFFORD OUTH CTIVITY ENTER NC EIMBURSEMENT FOR MR(F) AINTENANCE AND EPAIRS LOORS September 13, 2005 8 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved reimbursement to the Gifford Youth Activity Center to cover the costs of stripping, sealing and waxing of the floors in the amount of $4,655.49, as recommended in the memorandum of September 6, 2005. 7.M. SFDHC–FY TATE OF LORIDA EPARTMENT OF EALTH ONTRACT 2005/2006 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the contract with the State of Florida Department of Health for Operation of Indian River County Health Department for Contract Year 2005-2006, as recommended in the memorandum of September 6, 2005. COPY OF CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.N. RN.2005-134–MB ESOLUTION O ISCELLANEOUS UDGET A021 MENDMENT County Administrator Baird addressed Commissioner Wheeler’s question concerning fuel cost adjustments to the budget. Commissioner Wheeler was opposed to number 11 (amendment to County Administrator’s contract) and, therefore, would not support this resolution. September 13, 2005 9 ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board adopted (4-1, Commissioner Wheeler opposed) Resolution No. 2005-134 amending the fiscal year 2004-2005 budget. 7.O. JE–FPAS OYAL NTERPRISES INAL LAT PPROVAL FOR UBDIVISION TO KPLE BE NOWN AS ARK ANE STATES Commissioner Bowden expressed concern with Items 7.O., 7.P., 7.Q. 7.R., 7.S., and 7.T. that total approximately 1500 units. She believed they have been submitted now to get in before the developers have to be subject to the new impact fees. She asked the County Attorney to explain for the record what the applicants must do to retain the exemption from the new impact fees. County Attorney Collins explained that the Board changed our subdivision improvement bonding requirements earlier in the year; at that time there was a concern that more of the improvements should be in the ground before developers start selling lots. In the past, the County has allowed subdivisions to be approved, platted, and lots sold if the developer put up a bond to cover 115% of the cost of the required improvements (roads, drainage, paving, storm sewer, water) by either posting a letter of credit, a bond or cash in an amount representing 115% of the cost. They then could begin selling lots and had one year from the date of final plat approval to complete those required improvements. If the work was not completed in that period of time, the County could draw on the security and go out to bid to make sure the improvements were completed. In the spring, the Board changed our subdivision improvement requirements to provide that until 75% of the “horizontal” improvements are in place, they could not get their final plat approved nor could they begin selling lots. The remaining 25% needing completion could be secured at a rate of 125% of the cost. Most of the developments on this agenda fell into that category. He believed they had to have a land development permit application by March 18; a September 13, 2005 10 th final plat application by June 20; and a final plat approval by September 20, or the new more stringent requirements would apply. They were given some lead-time and, as a result, the rush to get on this agenda before having to meet the more stringent bonding requirements. Should any of these not have their infrastructure completed within one year, we could call in their posted security. Joseph Paladin specified that Item 7.O. was his subdivision and it has had a CC (certificate of completion) for over 60 days. His subdivision is vested and he is going for his final plat. He should, therefore, not be included in the group. County Attorney Collins clarified that all Mr. Paladin’s required improvements were already completed even before he started selling lots. Commissioner Davis had a concern on 7.T. He saw that they were contributing to thth the intersection of 45 Street and 58 Avenue. He would like to see developers do the work even if is above and beyond their fair share. County Administrator Baird specified that we are going to make DiVosta construct the intersection. The problem is the County needs to buy the right-of-way first and then they will do the paving. Commissioner Davis understood the right-of-way acquisition is tough; he suggested maybe the trigger would be after we get the right-of-way purchased then the developer could take it over and get the intersection improvements done. ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously granted final plat approval for Park Lane Estates with recordation of the mylar after the letter of credit for the offsite sidewalk improvements is received and accepted by the County Attorney, as recommended in the memorandum of August 25, 2005. September 13, 2005 11 7.P. C/LWL.L.C.–FPA ENTEXENNAR AT OODFIELD INAL LAT PPROVAL WPDFPP14 FOR OODFIELD INAL LATS FOR HASES THROUGH (See 7.O. for discussion relating to this matter.) ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously granted final plat approval for the Woodfield P.D. final plats for Phases 1 through 4 with the mylar being recorded after acceptable security is received for all phases, as recommended in the memorandum of August 31, 2005. 7.Q. CH–FPAVL ENTEX OMES INAL LAT PPROVAL FOR EROAGO SPIIV UBDIVISION HASES THROUGH (See 7.O. for discussion relating to this matter.) ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously granted final approval for the VeroLago Subdivision Phases II through V with the mylar being recorded after acceptable security is received for all phases, as recommended in the memorandum of August 31, 2005. September 13, 2005 12 7.R. LCSF,I.–FP ENNAR OMMUNITIES OF OUTH LORIDA NC INAL LAT ASKVTAT PPROVAL FOR UBDIVISION NOWN AS ERONA RACE ND HE V ILLAS (See 7.O. for discussion relating to this matter.) ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously granted final plat approval for Verona Trace and The Villas Subdivision with the mylar being recorded after acceptable security is received, as recommended in the memorandum of August 31, 2005. 7.S. ALNLLC–FPA SHLEY AKES ORTH INAL LAT PPROVAL FOR SKALN UBDIVISION TO BE NOWN AS SHLEY AKES ORTH (See 7.O. for discussion relating to this matter.) ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously granted final plat approval for the Ashley Lakes North Subdivision with the mylar being recorded after acceptable security is received, as recommended in the memorandum of August 31, 2005. September 13, 2005 13 7.T. ALN–D’A SHLEY AKES ORTH EVELOPERS GREEMENT FOR DCII EVELOPER ONTRIBUTIONS TO NTERSECTION MPROVEMENTS AT 45S58A THTH TREET AND VENUE (See 7.O. for discussion relating to this matter.) ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the Developer’s Agreement with Ashley Lakes North LLC, as recommended in the memorandum of August 30, 2005. DEVELOPER’S AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.U. P/CIR–AJ. ROPERTYASUALTY NSURANCE ENEWAL RTHUR GRMS(G)–S ALLAGHER ISK ANAGEMENT ERVICES ALLAGHER IVER IC(S)–18-MPT NSURANCE ONSULTANTS IVER ONTH OLICY ERM ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved renewal of the property/casualty insurance program for a one-time 18-month policy term, as proposed by Gallagher and recommended by Siver, as recommended in the memorandum of September 6, 2005. September 13, 2005 14 8. CLERK OF COURT JEFFREY K. BARTON – INCREASE CHECK SIGNING AUTHORIZATION FOR AMOUNTS GREATER THAN $20,000 Finance Director Diane Bernardo presented the request as stated in the memorandum in the backup. She specified that approval of this request would decrease the need for live signatures to about 20 checks per accounts payable run from approximately 60 checks. She also explained the safeguard process by which the bank is notified of all checks issued. From his experience in signing checks, Chairman Lowther supported this request. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously changed the current policy of the requirement for a live signature from $3,000 to $20,000, effective September 14, 2005, as requested in the memorandum of September 7, 2005. 9.A.1. PUBLIC HEARING ORDINANCE NOS. 2005-035 AND – 2005-036 -HEALTH SYSTEMS OF INDIAN RIVER INC. – AMEND THE COMPREHENSIVE PLAN TO REDESIGNATE ±21.2 ACRES FROM L-1 TO C/I AND TO REZONE THOSE ±21.2 ACRES FROM RS-3 TO MED; AND TO AMEND THE COMPREHENSIVE PLAN TO REDESIGNATE ±21.2 ACRES FROM C/I TO L-1 (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD September 13, 2005 15 (CLERK’S NOTE: This item was heard after 9.B.1. but is listed here for continuity with the agenda.) Community Development Director Bob Keating explained the Comprehensive Plan amendment process while displaying a PowerPoint outline. This process would be followed for each of the first 7 public hearings on today’s agenda. This particular amendment concerns land use, the other six are text amendments. This amendment is actually a land swap for land use designations for two different sites. He showed maps to identify the sites under consideration while he reviewed the memorandum. Staff has recommended adopting because they feel it is consistent with the Comp Plan, meets concurrency tests, is compatible with surrounding properties, and there are no important environmental impacts. The Chairman opened the public hearing. Bill Stewart, Attorney representing the applicant, advised this was the third public hearing. There was also a meeting with nearby property owners for which there was a pretty good turnout. He described the property as it exists and that it is restricted to health care service. He specified that there is no plan for access from the south. th Dorothy Burke , 3045 10 Parkway, appreciated previous opportunities to speak. She requested some kind of restriction on access to the subject property from the residential area if it is possible to do so. In response to Chairman Lowther, County Attorney Collins suggested this could do be done at site plan stage, and Commissioner Davis asked that it be made a bullet for site plan process. Paul Mace, 3035 Buckinghammock Trail, Buckinghammock Subdivision, was thankful for the buffer zone, however, he had no confidence that the buffer would remain and he would like to keep the buffer zone permanent. He was excited about the development of the September 13, 2005 16 hospital community; their community is now getting children and there are road safety issues. He would like to see something definite prohibiting access from the south. Discussion ensued on how to give the neighborhood folks assurance their neighborhood would not be negatively impacted by traffic to this project. There were no additional speakers and the Chairman closed the public hearing. ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously adopted Ordinance No. 2005-035 amending the Future Land Use Element of the Comprehensive Plan by changing the Land th Use Designation for ±21.20 acres located south of 35 Lane th and approximately 420 feet east of 12 Court from L-1, Low-Density Residential-1 (up to 3 units/acre), to C/I, Commercial Industrial; and changing the Land Use Designation for ±21.20 acres located approximately 1350 th fee south of 65 Street and approximately 1100 feet west of Old Dixie Highway, from C/I, Commercial Industrial, to L-1, Low-Density Residential-1, (up to 3 units/acre); and providing codification, severability, and effective date. ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously adopted Ordinance No. 2005-036 amending the Zoning Ordinance and the accompanying Zoning Map for ±21.20 acres th located south of 35 Lane and approximately 420 feet east th of 12 Court from RS-3, Single Family Residential-1 (up to September 13, 2005 17 3 units/acre), to MED, Medical; and providing codification, severability, and effective date. (Clerk’s Note: The next item to come before the Board was 10.) 9.A.2. PUBLIC HEARING – ORDINANCE NO. 2005-037 – COUNTY-INITIATED AMENDMENT TO THE INTRODUCTORY ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE) 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 for this amendment to the introductory element of the Comprehensive Plan using a PowerPoint presentation (copy on file with the backup in the Office of the Clerk to the Board) explained the substantive issue and advised the tables have been revised. He closed by advising that staff and the Planning and Zoning Commission recommend adoption of this ordinance. (Clerk’s Note: A full copy of the proposed update is on file with the backup in the office of the Clerk to the Board.) Commissioner Wheeler pointed out that percentages of growth are higher now that earlier in our history. The Chairman opened the public hearing. There were no speakers and the Chairman closed the public hearing. ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously adopted Ordinance No. 2005-037 amending the text of the September 13, 2005 18 Comprehensive Plan’s Introductory Element; and providing severability and effective date. 9.A.3. PUBLIC HEARING – ORDINANCE NO. 2005-038 – COUNTY INITIATED AMENDMENT OF THE CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD (Clerk’s Note: The inclusion of the Oslo Road Boat Ramp in this element brought forth a great amount of interest and comments from the public. The written and oral comments prior to the meeting have been included with the backup for the meeting. The additional backup for this matter is extensive.) Community Development Director Bob Keating reviewed the memorandum of August 16, 2005 using a PowerPoint presentation (on file in the office of the Clerk to the Board). He reviewed the past history and advised that the Department of Community Affairs issued an objections, recommendations and comments) ORC (report concerning the level of service thrdth (LOS) “F” on 27 and 43 Avenues between Oslo Road and 17 Street. (See Phil Matson’s presentation on Transportation Element 9.A.4.) Based on that objection, the LOS has been revised to LOS “E” + 20% of the LOS “F” volume. He advised of updates on policies to reflect recent growth management legislation and included an update on parkland in order to keep current with the establishment of the park impact fee basis. He advised that staff and the Planning and Zoning Commission recommended adoption of the proposed ordinance. Director Keating, Public Works Director Jim Davis, and Management & Budget Director Jason E. Brown, responded to questions about Oslo Road. County Attorney Collins responded to Commissioner Wheeler’s question regarding how a vote could be recorded to indicate non-approval of one of the elements. Commissioner Wheeler was concerned about funding for the second jail expansion but Director Brown advised that funding for that expansion was not included in this proposed amendment. September 13, 2005 19 The Chairman opened the public hearing. th Tim Zorc, 4415 5 Place SW, had a procedural question regarding 9.A.3. and 9.A.4.; Director Keating responded that staff could take the Board’s direction should there be a conflict in either of these amendments. County Attorney Collins opined that if the Board eliminates an element from one, it must also be eliminated from or amended in the other to have consistency between the two. rd Mr. Zorc also questioned the funding regarding 43 Avenue. His concerns had to do with safety issues, possible overburdening of roads, and timeframe for re-assessment of changes made this year. (The statistics in vehicle crashes submitted by Mr. Zorc are on file with the backup in the office of the Clerk to the Board.) Phil Matson MPO Staff Director explained meeting concurrency requirements, long and short term, in response to Mr. Zorc’s concerns. Directors Keating and Davis responded to numerous questions from Mr. Zorc and the Commissioners. Dr. Richard Baker advised there were people present to speak who had to leave. nd John Moore, 2136 32 Avenue, a biology professor at Florida Atlantic University, raised concerns about the proposed improvements to the Oslo Road boat ramp. His concerns were about the seagrass beds and certain species of rare seagrasses that would be negatively impacted by construction and propeller scaring. He was also concerned about reptiles and amphibians that would be endangered because they are attracted to the heat of the asphalt. While there may be a need for a boat ramp in the south end of the county, he thought another site would be better. Joel Day , a licensed boat captain, has used the Oslo boat ramp with his backcountry skiff and kayaks. Anyone with a larger boat would not launch there due to the extra gas needed to reach one of the inlets to go offshore. He felt there were other excellent boat ramps for the bigger boats and spending money for improving the ORCA (Oslo Road Conservation Area) boat ramp is unnecessary. He agreed there would be negative environmental impacts. September 13, 2005 20 Walter Tabachnick , a resident of Indian River County, a professor at the University of Florida, and the director of the Florida Entomology Laboratory, spoke about the importance of the FEL to this area as a resource in Indian River County for the last 50 years and as one of the leading laboratories studying medical entomology in investigating diseases. They are able to do this partly because of the unique resources in this habitat. He was very concerned about the potential negative impact on our fragile ecosystem if the boat ramp enhancement project is not done with care. More specific information would be necessary before being able to work toward mitigating the potential negative impacts. He hoped the Board would rethink the project so it benefits the boaters and maintains the integrity of the unique resource. Chairman Lowther announced a short recess at 2:57 p.m. (for closed captioning). The meeting was reconvened at 3:06 p.m. Jim Tso, who now lives in River Run after being displaced from south Indian River County by the 2004 hurricanes, spoke as an avid fisherman, a kayaker, a small powerboat owner and a voter concerned about the environment. He strongly urged the Commission to reject the proposed improvement to the Oslo Road boat ramp and to allow it to remain as it is today and to think outside the box. He also expressed grave concerns about jet skiers using that location and destroying the habitat. At the request of Chairman Lowther, Public Works Director Jim Davis gave an overview of the project advising it would include widening and paving the now-marl road and a turnaround, improvement of the boat launch ramp and building a canoe/kayak launch to the north. There would also be about 32 parking spaces on each side of the road. He specified that this project is not completely designed and there are many steps still required. They are not trying to create a high use area, just an upgrade from what is there now. Docks would be provided for the boats to tie up and 10 more (FRDAP) grant points can be captured if we provide fishing for those without boats. Director Davis responded to questions of Mr. Tabachnick who understood if the September 13, 2005 21 grant does not get funded, then the design would not be appropriate and the boating needs of the public can be served with a different design and without a detrimental impact on the environment. Commissioner Wheeler and Commissioner Bowden thought the County ought to work with Mr. Tabachnick’s organization (FEL) and Commissioner Wheeler thought perhaps the project should be shelved for now. Director Davis suggested leaving it in and giving staff direction to hold off on submitting the grant application to work with others. Mr. Tabachnick specified that he would like to have the opportunity to review the scope and impact. Dr. Richard Baker reviewed the project as he understood it and suggested an alternate site at the river edge of Gifford Dock Road where it would enhance that location and not negatively impact the ecology and environment at Oslo Road. He urged that the project should be on Gifford Dock Road and not at Oslo Road. (For the file, Dr. Baker submitted a computer disk with the photos he displayed during his presentation.) Gary Rhinehart , Professional Outfitters, lives in south county and stated the seagrasses are the best in years because of the hurricanes. He urged that the Commissioners leave the project in the Comp Plan and make the needed improvements down there because south county residents need somewhere to launch their boats. This project has been in the works the past 10 years. He said he was very interested in the environment and he hoped to see the County make it decent so the residents can enjoy it. Chairman Lowther read aloud an email from Representative Ralph Poppell in support of improving the Oslo Road boat ramp. Mr. Tabachnick felt there was some common ground because no one wanted to damage the fragile ecosystem. He believed there was nothing to be lost by stepping back and letting the scientists assess it. The scope of the project was still unclear. nd Charlie Searcy , 1035 22 Avenue, a fisherman, believes that people of this community deserve the right to get to the river. He commented that environmental issues continue September 13, 2005 22 to stymie and delay projects and wondered where it ends. He asked the Board to move ahead and consider the input from the Laboratory. Chairman Lowther was in favor of moving forward with the project and make sure the environmental consultant works with the Lab. Commissioner Wheeler wanted time to get input from the Entomology Lab and then adjusting the plan. Commissioner Neuberger noted that the matter on the agenda is to whether or not to modify the Comp Plan and the Board needs to decide whether to leave the Oslo boat ramp project in or take it out. Janice Broda 12396 North A1A, Vero Beach, suggested the Board make changes now and get the input from the community in order to create a project that meets the needs of the community. She also believed the County should not pander for grant dollars. David Cox, 9495 Periwinkle Drive, urged the Board to protect the County’s conservation assets, take the time to get input, and design a project that will satisfy both sides. Joseph Paladin stated he would hold his comments on the Capital Element until later for discussion on the Transportation Element. th Jens Tripson, 2525 14 Street, Vero Beach, hoped the Board would either table this or put it in the budget without the grant. He was concerned about the environmental impacts if they go forward with the improvements to the Oslo boat ramp as presently designed. Jeff Browner, 7766 100 Court, Vero Beach, has been trying to get the boat ramp fixed for a couple of years. He used it yesterday and today has to fix his trailer from using the ramp. Caroline Ginn Commissioner Neuberger read some comments from concerning the 2-year versus 3-year concurrency. She thought the Board is going the wrong way and that 2 years is stretching it as far as it should go. Bob Johnson , Coral Wind Subdivision, thanked staff for going the extra mile in rd coming up with LOS E plus 20 for 43 Avenue. September 13, 2005 23 There were no additional speakers and the Chairman closed the public hearing. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Bowden, to adopt the amendment to the Capital Improvements Element of the Comprehensive Plan minus the boat ramp, table that part of it, and give an opportunity for the fishermen, staff and scientists to give their input, particularly to have the Entomology Laboratory look at it and see what type of effect this plan would have, if any Under discussion, Chairman Lowther favored the adoption of the amendment but not with the boat ramp removed. Instead, he would like to move forward and confer with the EL and come up with an agreement. Commissioner Davis offered an amendment to include the boat ramp and it was seconded by Vice Chairman Neuberger, but County Attorney Collins ruled they could not do that and suggested they vote on the above motion. The Chairman CALLED THE QUESTION and the motion failed 2-3 (Chairman Lowther, Commissioners Davis and Neuberger opposed.) (see below) MOTION WAS MADE by Commissioner Davis, SECONDED by Commissioner Neuberger, to adopt the amendment to the Capital Improvements Element of the Comprehensive Plan to include the boat ramp. September 13, 2005 24 Under discussion, Commissioner Davis recounted the comments of the public and stated he was ready to move forward with the FRDAP application because we are capped by the number of applications we can submit. He felt all sides should come to the table and come up with a plan that will be acceptable to all sides. Commissioner Bowden wanted to be sure the dock ramp plan comes back to the Commission so it can be adjusted if necessary. There was discussion and an apparent misunderstanding of the motion. (see below) The Chairman CALLED THE QUESTION and the motion carried 3-2 (Commissioners Bowden and Wheeler opposed). (see below) The Chairman announced a recess at 4:21 p.m. (for closed captioning) but Commissioners Bowden and Wheeler wanted to continue on with the same matter. The meeting was reconvened at 4:32 p.m. When the meeting was reconvened, Chairman Lowther wanted to clarify the above motion that it would include the scientists from the Entomology Lab. Commissioner Davis stated his intent was to approve the Capital Improvements Element and not hold back the FRDAP application, however, to have staff work with the fishermen, the Entomology Lab, and the people from ORCA (Oslo Road Conservation Area) because they have legitimate concerns. Commissioner Wheeler stated he would like to vote again September 13, 2005 25 Commissioner Bowden questioned County Attorney Collins regarding details to be submitted on the grant application, and he replied that a conceptual plan is to be submitted and guessed substantial changes could be made if the monies are awarded. Discussion ensued and the motion was clarified to include that there will be further input concerning the plan for boat ramps. Commissioner Wheeler had asked County Administrator Baird to have the matter th put on the October 4 agenda. County Administrator Baird stated that staff understood, loud and clear, that they are to work with the Entomology Lab and all interested parties, but he thought we should go forward with the FRDAP application. Chairman Lowther requested that he be kept informed as liaison to the Parks and Recreation Committee. Commissioner Bowden wanted assurance it would be brought back to the Board, and Chairman Lowther confirmed that it would when it was out for bid. ON MOTION by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously adopted Ordinance No. 2005-038 amending the text of the Comprehensive Plan’s Capital Improvements Element; and providing severability and effective date. (Clerk’s Note: It was understood from the discussion that staff would meet with all interested parties regarding the Oslo Road Boat Ramp project to come up with an acceptable plan and that the plan would come back to the Board for their consideration and approval.) (CLERK’S NOTE: The Board next considered 9.A.2.) September 13, 2005 26 9.A.4. PUBLIC HEARING – ORDINANCE NO. 2005-039 – COUNTY INITIATED AMENDMENT TO THE TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Phil Matson MPO Staff Director reviewed the memorandum and the proposed amendments using a PowerPoint presentation. (Copy on file with the backup.) He advised in detail the DCA’s Objections, Recommendations, and Comments Report and stated the particulars with regard to the County’s response regarding the modification of the Level of Service Standards to thrd 20% in excess of LOS “E” for 27 and 43 Avenues. In conclusion he advised that staff recommended the Board adopt the ordinance as submitted. Commissioner Bowden referred to page 478 and stated that she is opposed to adding 2 lanes to Indian River Boulevard and felt it was not appropriate. She has heard a lot of opposition to it in the community. Mr. Matson explained that staff is in the process of updating our 2030 plan and gave details on how the process works. He assumed this would be discussed tomorrow at the MPO meeting and the long-range plan would be adopted by the statutory deadline in December. Commissioner Bowden wanted the community to know that tomorrow night is the night for those who want the 2-laning of Indian River Boulevard taken out of the long-range transportation plan. Mr. Matson then advised of other meetings occurring this week for the public to express their preferences in roads for the future. The information had been posted on the County’s website. September 13, 2005 27 The Chairman opened the public hearing. Joseph Paladin , chairman of the Growth Awareness Committee, commented on Mrs. Ginn’s comments relayed by Vice Chairman Neuberger at the end of 9.A.3. He stated the recommendation was done reluctantly by the GAC to 3 year from 2 year to be used as a tool until the road program finished. It was something to be entrusted to the staff and he hoped that it would aid in developing trust with staff, the Planning and Zoning Commission, and the public so we can move forward faster. . He claimed that all trips on the model of all those vested units before they are even built and some have been disapproved are eating up concurrency. Commissioner Neuberger thought this was occurring for planning purposes. Commissioner Davis commented that is reality and thought Sebastian could end up having a problem. Discussion ensued on concurrency and the 3-year tool and how in the future it was hoped that it would be down to 1 year. Commissioner Wheeler believed there is something wrong with buying up capacity in advance, like buying stock and sitting on it. He thought a developer should buy capacity with the intent of using it. There needs to be something in there to prevent hoarding. Director Keating specified that Planning Director Stan Boling is working on that now, having two flavors, a 1-year and a 5-year, so that it cannot be held longer than 5 years. The concurrency stays with the land and there is no refund if all are not used. Discussion ensued. There were no additional speakers and the Chairman closed the public hearing. ON MOTION by Commissioner Wheeler, SECONDED by Vice Chairman Neuberger, the Board unanimously adopted September 13, 2005 28 Ordinance No. 2005-039 amending the text of the Transportation Element of the Indian River County Comprehensive Plan; and providing severability and effective date. 9.A.5. PUBLIC HEARING – ORDINANCE NO. 2005-040 – COUNTY INITIATED AMENDMENT OF THE TEXT OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating commented this item was not as controversial as it was in May because the two controversial parts are no longer there. Then he reviewed the memorandum by using a PowerPoint presentation (copy is on file with the backup in the office of the Clerk to the Board). Director Keating concluded his presentation by advising, based on the analysis conducted, that the Planning and Zoning Commission and staff recommend approval of the proposed text amendment. The Chairman opened the public hearing. There were no speakers and the Chairman closed the public hearing. MOTION WAS MADE by Commissioner Neuberger, SECONDED by Commissioner Davis, to approve staff’s recommendation. September 13, 2005 29 Under discussion, Commissioner Wheeler stated he would not support the motion for the same reasons as he voted against it before, that is, because the new village outside the urban service area concept was still part of it. Commissioner Bowden commented that she understands it is moot because all the trips have to be inside the new city. Director Keating thought it was all retail trips. Commissioner Davis thought it was the density bonus issue. Commissioner Wheeler stated the density bonus transfer was his biggest objection. The Chairman CALLED THE QUESTION and the motion carried by a vote of 4-1, Commissioner Wheeler opposed. (The Board adopted Ordinance No. 2005-040 amending the text of the Comprehensive Plan’s Future Land Use Element; and providing severability and effective date.) 9.A.6. PUBLIC HEARING – ORDINANCE NO. 2005-041 – COUNTY INITIATED AMENDMENT TO THE RECREATION AND OPEN SPACE ELEMENT, ECONOMIC DEVELOPMENT ELEMENT, AND SOLID WASTE SUB-ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating called this a simple amendment to incorporate impact fees. He reviewed the memorandum using a PowerPoint outline. The Chairman opened the public hearing. There were no speakers and the Chairman closed the public hearing. September 13, 2005 30 ON MOTION by Commissioner Davis, SECONDED by Commissioner Bowden, the Board unanimously adopted Ordinance No. 2005-041 amending the text of the Comprehensive Plan’s Recreation and Open Space Element, Solid Waste Sub-Element, and the Economic Development Element; and providing severability and effective date. 9.A.7. PUBLIC HEARING – ORDINANCE NO. 2005-042 – COUNTY INITIATED AMENDMENT TO THE CONSERVATION ELEMENT AND COASTAL MANAGEMENT ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Environmental Planning & Code Enforcement Chief Roland DeBlois reviewed the memorandum using a PowerPoint outline. He stated that the main focus of this amendment is a revision to conservation policy 6.12 to clarify that fee-in-lieu of native upland preservation will be accepted only as a last alternative when on-site upland preservation is not feasible. Also it will revise the Coastal Management Element analysis section, objectives and policies to reflect objectives and policies adopted in the Indian River County Manatee Protection and Boating Safety Comprehensive Management Plan as directed by the State. Staff was recommending the revisions and recommending adoption of the proposed ordinance. Mr. DeBlois responded to Commissioner Wheeler’s question on the definition of “not feasible” by giving an example and Commissioner Wheeler’s point was it was based on just economics. September 13, 2005 31 The Chairman opened the public hearing. There were no speakers and the Chairman closed the public hearing. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowden, the Board unanimously adopted Ordinance No. 2005-042 amending the text of the Comprehensive Plan’s Conservation Element and Coastal Management Element; and providing severability and effective date. 9.A.8. PUBLIC HEARING – CONSIDERATION OF DECLARING A MORATORIUM ON SMALL LOT SINGLE-FAMILY SUBDIVISIONS (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD County Attorney Collins explained and reviewed the memorandum. He stated it gives time for the County to make provisions that only affordable housing would be built in small th lot subdivisions. He would bring this back to the Board on October 4 if they are agreeable. The Chairman opened the public hearing. Joseph Paladin , Chairman of the Growth Awareness Committee, gave reasons for recommending this moratorium. There were no additional speakers and the Chairman closed the public hearing. September 13, 2005 32 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously approved moving forward to the second public hearing on October 4, 2005 to consider declaration of a temporary moratorium on the acceptance of applications for administrative permits and the issuance of administrative permit approvals for “small lot single-family subdivisions”. 9.B. PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM SCOTT SANDERS REGARDING STRUCTURAL OVERHANG REGULATIONS FOR PROPOSED RESIDENCE th Scott Sanders , 6116 7 Street, advised that he recently submitted an application to build a house on his lot. He has been informed there is a problem with an overhang on easement, but he claimed Section 911(2)(A) clearly provides for it. He also claimed that the house next door was built exactly the same. He understood Engineering had received a memo from the County Attorney that said a new interpretation would not allow the overhang. He cited case law and asked the Board to look with practicality at his request for his 2-story house and the easement. He presented various scenarios of how the easement could be accessed in any emergency. He claimed approval would not be a precedent-setting decision nor will it be a future issue and that it had been allowed in the past. He asked that he not be required to do something that others have not been asked to do and that he be allowed to build his house as designed. Chairman Lowther agreed with Mr. Sanders’ interpretation and Commissioner Neuberger noted that the other house had been allowed. County Attorney Collins reiterated that the eave could overhang into the yard but not into the easement. An easement holder has rights to use their property but if a backhoe should ever September 13, 2005 33 have to go in, there would not be space to operate it safely. What the County has allowed to be built on an easement is a fence and the owner would have to agree to remove it should access to the easement be required. He could not speak as to why such an overhang had been allowed in the past. A lengthy discussion ensued with participation by Mr. Sanders, various Commissioners, Community Development Director Bob Keating, County Administrator Baird, and Public Works Director Jim Davis. Several suggestions were offered but were not acceptable by one or the other party. There was also discussion as to this having been done in the past but it was not known how many times nor how many other lot owners might encounter this same problem. County Attorney Collins declared that the issue came down to whether the County wished to release 2’ of its easement. Commissioner Davis thought County Attorney Collins’ advice was probably in Mr. Sander’s best interest. Director Davis had seen a copy of the house plans and in his opinion the house could be reduced by 2’. He was concerned about the use of a bucket truck in that space. Director Keating described the process for a release of easement and suggested it could be expedited if Mr. Sanders “walked it through”. MOTION WAS MADE by Commissioner Neuberger, SECONDED by Commissioner Davis, to release the necessary 2’ easement to allow Mr. Sanders to build his home as designed. Mr. Sanders inquired what would happen if a franchise holder did not agree, to which County Attorney Collins responded that he could then bring it to the Board. September 13, 2005 34 The Chairman CALLED THE QUESTION and the motion carried unanimously. The Chairman called a short recess at 9:54 a.m. The meeting was reconvened at 10:00 a.m. 9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING 9.C.1.O4,2005M–C CTOBER EETING OUNTY INITIATIED REQUEST TO ±32.54IRT REZONE ACRES LOCATED WITHIN THE NDIAN IVER WIN E,MVIRAS STATES OBILE ILLA AND NDIAN IVER CRES UBDIVISIONS RMH-8,RMHD(8 FROM ESIDENTIAL OBILE OME ISTRICT UP TO /),R-4,RRD( UNITSACRE TO OSE OSELAND ESIDENTIAL ISTRICT UP 4/)(Q-J) TO UNITSACRE UASIUDICIAL 9.C.2.O11,2005M:CG’ CTOBER EETING OMMANDER ROVES REQUEST TO 247.67 REZONE ACRES LOCATED AT THE NORTHWEST CORNER OF 82A1SSWA-1,A NDST VENUE AND TREET FROM GRICULTURAL D(1/5),RS-3,S-F ISTRICT UP TO UNIT ACRES TO INGLEAMILY RD(3/),PC, ESIDENTIAL ISTRICT UP TO UNITSACRE REMIER ITRUS O.S,BS,LLC,A WNER CHULKE ITTLE AND TODDARD GENT (Q-J) UASIUDICIAL Executive Aide Kimberly Massung read the above titles into the record. September 13, 2005 35 10. COUNTY ADMINISTRATOR’S MATTERS – DRAFT OF FIRE AND EMS CONSOLIDATION IMPLEMENTATION STUDY - PRESENTATION BY DON LONG, CONSULTANT, MANAGEMENT ADVISORY GROUP, INC. (Clerk’s Note: This matter followed after Item 9.A.1.) Emergency Services Director John King gave a quick history of this matter and introduced Mr. Long. Donald Long , Management Advisory Group, thanked the Commissioners and staff for their cooperation, and gave information about the individuals who prepared this study. (Copy of study is on file with the backup in the Clerk’s Office.) He projected slides reviewing the scope of services, the objectives of the study, the approach and methodology, the major findings (57), and major recommendations. In terms of recommendations they suggested expansion of the medical oversight particularly during the transition process for the next couple of years. Among the many recommendations, he included a citizens’ committee, hiring preferences, a transition period for dual certification requirement for promotional opportunities. There were many other recommendations having to do with qualifications, training, reporting standards for emergency calls, communications, and other tools for coordination and unification of the department. In summary he thanked the Board for the opportunity and assured them that consolidation can be done; it is possible and feasible. He believes it is more efficient and raises service overall. The Chairman opened the floor for public input. Caroline Ginn , 1134 Old Galleon Lane, expressed one wish and that was that Indian River County paramedics be placed at the hospital for close oversight. She felt this issue had not gotten sufficient public input and understood this to be the workshop promised 10 months September 13, 2005 36 ago by the Chairman (Art Neuberger). She was not overly impressed by the report and assumed implementation was going to be done in-house or by a consultant at a further cost. She was concerned about bringing back the bucket-truck because of the roads and bridges on the beachside. She noted that none of the costs have not been defined and are yet to be determined. She predicted this would be extremely expensive. She discussed costs in other counties and thought the costs for cross training should be across the board and not higher personnel of higher rank. She was concerned about other issues and that this would be the final draft. Chairman Lowther assured Mrs. Ginn that this is not a final draft and the County will not take engines off the Beach. Mrs. Ginn continued to express concerns about costs and she found most troubling her expectations of a decline in medical care. She took issue with purchasing “quints” as being too costly. She stressed that cross-training ignores legitimate gender differences. She believed combining the two services will weaken both and feared the consequences could be lost lives or lost properties. She had done a lot of research and thought the matter should be sent back thru ESDAC. Vice Chairman Neuberger thought the gender differences were a good point. Commissioner Wheeler interjected questions and comments indicating his disagreement with some of Mrs. Ginn’s concerns and hypotheses. Lt. Gloria Gilroy , Indian River County paramedic for 13 years, stated that our EMS has been the best in the state and best in the nation in years past. Many of the best paramedics have come to Indian River County because they did not want to do both jobs (fire and EMS). She stressed that growth will mean more medical emergencies and transports and we will need more ambulances and more paramedics in order to provide the best care possible. She claimed that a merger of fire and EMS would not save the County money but only increase costs and decrease productivity and care. She stated that each job has its own importance. She asked why a feasibility and cost study was not done. She asked why firefighters pushed for this and suggested the Board ask the paramedics what they want. She believed that morale and care and productivity will September 13, 2005 37 decline and that the Board is letting politics take over the system. Paramedics do not want to be firefighters, she asked that they be given a choice and be allowed to continue to be paramedics. Charlene Jarvis , Vero Beach, as a volunteer at IRMH could not imagine how the Board could consider that fire and paramedics be combined. Heaven help us when we get sick. th Joel Molinari , 1025 54 Avenue, spoke as a taxpayer. He asked to see the real dollar comparison because to him it did not look like a merger will create a cost savings. He believed that both systems work and ours works the way it is. He thought dual certification is asking a lot of most people and he did not think we would see a better level of service by combining the two. Also, he noted that peoples’ lives and property are at stake in this issue and he wanted the best care possible. He reminded them that government exists for the welfare of the people. There is more at stake than politics. County Administrator Baird pointed out that impact fees are only for capital, usually for new stations, not for operating costs. Staff does not believe for the first few years that there will be initial savings, but the County will save by opening new stations with 14 not 17 personnel. He gave assurance that everyone who arrives at an emergency scene would be trained and would be able to start treatment immediately. Commissioner Davis wanted to make certain that because we are dealing with families and not just a labor contract that everybody has had input in this. He stressed that there will be an opportunity for those who cannot or will not be cross-trained that they will still have their role once this consolidation plan is implemented. He also does not want to have hostile working environments. Lt. Gilroy urged that paramedics have an active role in determining whether the two systems be merged and pushed for answers to questions concerning future hiring criteria for non-dually trained applicants. County Administrator Baird specified that there would be a transition plan. Decisions on future hiring will be management decisions; there would be an attrition plan, there would be a place for employees both on the fire and paramedic side. September 13, 2005 38 Commissioner Bowden pointed out that she had previously made two motions for a feasibility study and stressed that it is important for citizens to know the financial costs and the timing. She wants more service and quality service. She suggested the Commissioners all try to work together and do it cost-efficiently. County Administrator Baird stated he is not anticipating any cost savings in the beginning because of training, not knowing what we will have to pay for dual-trained personnel. He stressed that the County wants to keep our employees whole. There is an anticipated savings when we open new stations with fewer personnel. Mr. Molinari could not think that we will be saving money in 5 years. He asked what the real trends are for growth in which one of the specialties, fire or medical. He felt it might be for medical care. Sal Neglia , Sebastian, commented he had seen these mergers fail in New York mostly because of poor management. He was concerned about costs and thought a cost analysis should be done for the taxpayers so they know what they will have to pay. County Administrator Baird stated staff is working on the numbers and will have that information in the future. (Clerk’s Note: At 11:37 a.m., the Chairman announced that it was time to take care of Item 12. an attorney-client session. The minutes for Item 10. continue below after completions of Item 12 and a lunch break. The Chairman also read into the record the necessary announcement concerning Item 12.) (Clerk’s Note: At approximately 1:30 p.m., Chairman Lowther reconvened the meeting with all members present except Commissioner Davis who arrived at 1:40 p.m.) Bob Johnson, Coral Wind Subdivision, recommended having a doctor on the staff of the Emergency Services Department. September 13, 2005 39 Emergency Services Director John King advised that Roger Nicosia, MD, is the medical director under contract with his department and has been a good asset. His contract cost has not increased in more than 10 years. Steve Myers , Teamsters representative for the paramedics, wanted to know how many final drafts there would be, and County Administrator Baird thought there could probably be a couple more drafts and stated he does not like the label of “final draft”. Mr. Myers questioned how many times the ALS equipment has been used by firefighters when placed on the fire vehicle, and Director King responded that it is used every time that personnel are asked to perform a service. It was suggested that Mr. Myers meet with Mr. King after the meeting. Bruce Anderson , Indian River County Firefighters’ union president, referred to the consultants’ report under Executive Summary that training will be paramount to make this succeed. He understood the study is a guideline and that the framework would change. He also mentioned there has been a lot of discussion about the cost increase and talk that it would be extremely expensive. He wondered how expensive it would be, and County Administrator Baird responded that would depend on the negotiations with unions and responded to other questions Mr. Anderson asked. (Clerk’s Note: Commissioner Davis arrived at 1:40 p.m.) Bob Walsh, Vero Beach, noticed there were no dollar amounts in the consultant’s report. He offered an alternative suggestion to let each professional do what they were trained for but if they are dual qualified then let them do both and pay them for it. Kevin Givens was concerned about a reduction in manpower and stated we need everything we have now. He wanted to maintain the present level of service. Commissioner Wheeler responded that the plan is about not expanding personnel, but also not reducing it. September 13, 2005 40 Messrs. Givens and Myers made comments on level of service, union expectations, types of apparatus, and staffing of new stations. The Chairman concluded the open discussion on this item. There was no action taken on the above item. 11.C. GENERAL SERVICES - JAIL EXPANSION PROJECT - CRA (CLEMONS RUTHERFORD & ASSOCIATES) ARCHITECTS - AMENDMENT ONE General Services Director Tom Frame reviewed the memorandum advising that this amendment for the jail expansion would include design of the additional housing unit and a medical/infirmary element and was authorized by the Board May 17, 2005. In response to Commissioner Bowden, Director Frame advised this was a fixed dollar amount. Bill McMullen In response to Commissioner Wheeler, Capt. of the Indian River County Sheriff’s Office advised that the inmate count has been in the 570s and the Hobart facility is still being used without showers and telephone capabilities. MOTION WAS MADE by Commissioner Davis, SECONDED by Commissioner Neuberger, to approve staff’s recommendation. Commissioner Wheeler stated he was opposed because he believed the additional beds are premature. September 13, 2005 41 The Chairman CALLED THE QUESTION and the motion carried by a vote of 4-1 (Commissioner Wheeler opposed). (The Board approved Amendment One of the agreement between Clemons Rutherford & Associates and authorized the Chairman to execute same after receipt of the executed amendment from CRA and approval by the County Attorney’s office, as recommended in the memorandum of September 1, 2005.) FIRST AMENDMENT TO AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I. PUBLIC WORKS – BID #7074 AWARDED TO RANGER ST CONSTRUCTION FOR THREE (3) PROJECTS: 1) 41 STREET WIDENING, SIDEWALK AND DRAINAGE RDTH IMPROVEMENTS; 2) 43 AVENUE, 39 STREET TO STTH DODGERTOWN ELEMENTARY; 3) 41 STREET/58 AVENUE INTERSECTION IMPROVEMENTS – TURN LANES AND SIGNALIZATION ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously awarded Bid #7074 to the low bidder, Ranger Construction, in the amount of $7,922,796 and approved issuance of Change Order No. 1 reducing the scope and cost by $452,559.80 to September 13, 2005 42 $7,470,236.20, as recommended in the memorandum of August 31, 2005. (Alternative No. 2) CONTRACT DOCUMENTS AND CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.1. UTILITIES SERVICES – VERO LAKE ESTATES – WATER & SEWER UTILITY ASSESSMENT – KIMLEY-HORN & ASSOCIATES, INC. – WORK ORDER NO. 11 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved A) Work Order No. 11 to Kimley-Horn & Associates, Inc. in the amount of $72,600.00 for Water & Sewer Utility Assessment; and b) authorized the Chairman to execute the same, as recommended in the memorandum of August 31, 2005. WORK ORDER NO. 11 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.2. UTILITIES SERVICES – RESOLUTION NOS. 2005-135 AND 2005-136 – CRYSTAL SANDS PETITION WATER SERVICE THTHTHRD 47 AND 48 PLACE AND 48 STREET, EAST OF 43 AVENUE – INDIAN RIVER COUNTY PROJECT NO. UCP-2507 – PRELIMINARY ASSESSMENT RESOLUTIONS I AND II September 13, 2005 43 ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution No. 2005-135 providing for water main thth expansion to Crystal Sands Subdivision (47 Place, 48 thrd Place, and 48 Street east of 43 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 Bowden, SECONDED by Commissioner Davis, the Board unanimously adopted Resolution No. 2005-136 setting a time and place at which the owners of properties, located in Crystal Sands ththth Subdivision (47 Place, 48 Place, and 48 Street east of rd 43 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. (Set for Tuesday, October 11, 2005 at 9:05 a.m. in the County Commission Chambers) September 13, 2005 44 12. COUNTY ATTORNEY – REQUEST FOR ATTORNEY-CLIENT SESSION WITH THE BOARD OF COUNTY COMMISSIONERS TO DISCUSS SETTLEMENT PROPOSALS WITH RESPECT TO MGD DEVELOPMENT OF FLORIDA II, LLC V. INDIAN RIVER COUNTY At 11:37 a.m., during consideration of Item 10., Chairman Lowther announced it was time for Item 12., and read the title of this matter. County Attorney Collins read the necessary legal information into the record and was advised that the court reporter is here. Chairman Lowther announced the following for the record: This session shall commence at the open meeting and the person chairing the meeting shall announce commencement and estimated length, which we think will be about a half hour, of the attorney-client session and the names of the persons attending. At conclusion of the attorney-client session, the meeting shall be reopened and the person chairing the meeting shall announce the termination of the session. Those attending the meeting are going to be Tom Lowther, Art Neuberger, Wesley Davis, Sandra Bowden, Gary Wheeler, Joe Baird, Will Collins, Bill DeBraal, Attorney John Shubin by telephone, and a certified court reporter. County Attorney Collins stated that was all needed for the record in the Chambers and those stated will move to the Administrator’s Conference Room. He believed it was the Chairman’s intention to resume meeting in the Chambers at 1:30 p.m. (Clerk’s Note: The meeting was reconvened at 1:30 p.m. Commissioner Davis was not present. All others were.) September 13, 2005 45 Chairman Lowther announced that the attorney-client session was terminated and reconvened the regular Commission meeting and item that was being discussed when interrupted to hold the attorney-client session. This matter was not brought back to the table. DOCUMENTS MADE PART OF THE RECORD: BROOKFIELD AT TRILLIUM PHASES A AND B - WOODSIDE HOMES OF SOUTHEAST FLORIDA, LLC (BONDING) CW3-PR HECK TO ARRANTY FOR A YEAR ERIOD THE OADWAY AND DI(PA&B);C RAINAGE MPROVEMENTS HASES HECK TO GCS(PA);C UARANTEE OMPLETION OF IDEWALKS HASE AND HECK GCS(PB) TO UARANTEE OMPLETION OF IDEWALKS HASE OSLO RIVERFRONT CONSERVATION AREA - JCL INVESTMENT GROUP, INC. – LEONA DIAMOND TRUST & LEONA DIAMOND AAOP SSIGNMENT AND MENDMENT OF PTION TO URCHASE (Chairman authorized to execute on behalf of the Board of County Commissioners per Resolution No. 1996-015.) 14.A. EMERGENCY SERVICES DISTRICT September 13, 2005 46 The Chairman announced that immediately upon adjournment, the Board would reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes are being prepared separately and are appended to this document. 14.B. SOLID WASTE DISPOSAL DISTRICT None. 14.C. ENVIRONMENTAL CONTROL BOARD The Chairman announced that immediately upon adjournment of the Emergency Services District Meeting, the Board would reconvene as the Board of Commissioners of the Environmental Control Board. Those Minutes are being prepared separately and are appended to this document. 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 5:35 p.m. September 13, 2005 47 ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman Minutes Approved: _________________ BCC/PR/2005 Minutes September 13, 2005 48