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Home My WebLink About02/15/2020 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF FEBRUARY 15, 2005 1.CALL TO ORDER........................................................................................ 1 2.INVOCATION ............................................................................................... 1 3.PLEDGE OF ALLEGIANCE...................................................................... 1 4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ............................................................................................................ 2 5.PROCLAMATIONS AND PRESENTATIONS ....................................... 2 6.A.APPROVAL OF MINUTES – GROWTH AND DEVELOPMENT WORKSHOP OF JANUARY 12, 2005 ...................................................... 2 6.B.APPROVAL OF MINUTES – REGULAR MEETING OF JANUARY 18, 2005 ....................................................................................... 3 7.CONSENT AGENDA ................................................................................... 3 7.A.R .....................................................................................................................3 EPORTS 7.B.PDM1-6,2005MH ROCLAMATION ESIGNATING ARCH AS ENTALLY ANDICAPPED W–KC–33ATRD ..................3 RD EEK NIGHTS OF OLUMBUS NNUAL OOTSIE OLL RIVE February 15, 2005 1 7.C.AW–J28–F3,2005 .................................4 PPROVAL OF ARRANTS ANUARY EBRUARY 7.D.PRDUAC ROPOSED ESOLUTION TO ISSOLVE THE TILITY DVISORY OMMITTEE (T) .....................................................................................................................4 ABLED 7.E.ERSI–D AST OSELAND TORMWATER MPROVEMENTS EDICATION OF CES.JRWM ONSERVATION ASEMENTS TO T OHNS IVER ATER ANAGEMENT D(SJRWMD) ................................................................................................5 ISTRICT 7.F.RN.2005-0172005-018–JP ESOLUTION OS AND OINT ARTICIPATION AFDT GREEMENTS WITH THE LORIDA EPARTMENT OF RANSPORTATION (FDOT)–HFJ–FE URRICANES RANCES AND EANNE EDERAL MERGENCY MA(FEMA) ...............................................................................5 ANAGEMENT GENCY 7.G.RN.2005-019–MBA006.............6 ESOLUTION O ISCELLANEOUS UDGET MENDMENT 7.H.RN.2005-020–TCDL .........................7 ESOLUTION O RAFFIC ONTROL EVICE EDGER 7.I.HSCR–CP UMANE OCIETY OMPENSATION ATES ONTRACT FOR ROVIDING ASSFY2004/20052005/2006 .....................................7 NIMAL HELTER ERVICES AND 7.J.RN.2005-021–A$30,000,000W ESOLUTION O UTHORIZATION FOR ATER AND SRRB,S2005–RBCDR EWER EVENUE EFUNDING ONDS ERIES AIN AUSCHER (U);FSC(FA); NDERWRITER IRST OUTHWEST OMPANY INANCIAL DVISOR B,M&O,P.A.(BC);N,G& RYANT ILLER LIVE OND OUNSEL AND ABORS IBLIN N,P.A.(DC) ................................................................8 ICKERSON ISCLOSURE OUNSEL 7.K.FECRC(FEC)LA LORIDA AST OAST AILWAY OMPANY ICENSE GREEMENT TO ITSSEFEC NSTALL RAFFIC IGNAL YNCHRONIZATION QUIPMENT AT THE RT4S ..............................................................................8 TH AILROAD RACKS AT TREET 7.L.TFCA–APD(C HE LEX OMPANY OF MERICA MENDED LAN OCUMENT AFETERIA P)(CCC) ............................................................................9 LAN LERK OF IRCUIT OURT 7.M.DLPIII–FPA-S IAMOND AKE HASE INAL LAT PPROVAL UNLAND D,I.–CCR EVELOPMENT NC ONTRACT FOR ONSTRUCTION OF EQUIRED ICDEA ..............................9 MPROVEMENTS AND ASH EPOSIT AND SCROW GREEMENT 7.N.M.T.C,I.–APIS AUSLEY NC GREEMENT FOR ROFESSIONAL NSPECTION ERVICES –BD .............................................................................................. 10 UILDING IVISION 7.O.H,SIOS ARDWARE OFTWARE AND NSTALLATION RDER AND ERVICE SA–N,I.–GPS UBSCRIPTION GREEMENT AVTRAK NC LOBAL OSITIONING YSTEM (GPS)–BD ................................................................................... 10 UILDING IVISION February 15, 2005 2 7.P.2005/2006–BW/HS ........................................ 11 UDGET ORKSHOPEARING CHEDULE 7.Q.RFQ7042–IRCJER- NDIAN IVER OUNTY AIL XPANSION AND EMODELING CMRFR–A ONSTRUCTION ANAGEMENT AT ISK INAL ANKING UTHORIZED NPR.BT,F .................... 11 EGOTIATIONS WITH ETER ROWN OF ALLAHASSEE LORIDA 7.R.SDO–R-P–ED CHOOL ISTRICT FFICES EROOFING ROJECT DLUND RITENBAS BADS–WO#1......................... 12 INKLEY RCHITECTS FOR ESIGN ERVICES ORK RDER 7.S.C’SAC-GR HILDRENS ERVICES DVISORY OMMITTEE RANT EVIEW S-C’YEMR-FY2003/2004 ................. 13 UBOMMITTEES EAR ND ONITORING EPORT 7.T.C’SAC–AR–FY HILDRENS ERVICES DVISORY OMMITTEE NNUAL EPORT 2003/2004 ................................................................................................................ 13 8.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES – CONGRESSMAN DAVE WELDON.............................. 13 9.A.1.PUBLIC HEARING – RESOLUTION NO. 2005-022 – FIRST BAPTIST CHURCH OF WABASSO – ABANDONMENT OF A THTH PORTION OF 48 AVENUE BETWEEN 86 STREET AND TH 87 STREET - LEGISLATIVE ............................................................... 14 9.A.2.PUBLIC HEARING – ORDINANCE NO. 2005-004 – LDR AMENDMENT FOR ROADWAY LANDSCAPE BUFFERS FOR MULTI-FAMILY SITE PLAN PROJECTS - LEGISLATIVE ........... 15 9.A.3.PUBLIC HEARING – ORDINANCE NO. 2005-005 – MAVERICK GROUP LLC - REZONE 18.54 ACRES FROM A-1 TO RS-3 – THTH NORTHEAST INTERSECTION OF 58 AVENUE AND 8 STREET - QUASI-JUDICIAL .................................................................. 18 9.A.4.PUBLIC HEARING – YUKON LAND CORPORATION – BLUEWATER BAY PLANNED DEVELOPMENT (PD) - February 15, 2005 3 SPECIAL EXCEPTION USE AND CONCEPTUAL PD PLAN APPROVAL CONTINGENT ON CONTRACT FOR PURCHASE TH OF LOTS 275-286 FOR CURVE CR-510 TO 89 STREET - LEGISLATIVE ........................................................................................... 21 9.B.1.PUBLIC DISCUSSION ITEM – SUSAN J. LEWIS REGARDING RELATIONSHIPS BETWEEN BUILDERS, DEVELOPERS, AND HOMEBUYERS .......................................................................................... 26 9.C.PUBLIC NOTICE ITEM – NOTICE OF SCHEDULED PUBLIC HEARINGS ON FEBRUARY 22, 2005 .................................................... 26 9.C.1.TC–R EEN HALLENGE EQUEST FOR SPECIAL EXCEPTION USE APPROVAL TO /.TCF,I., EXPAND AN EXISTING CAMPRETREAT EEN HALLENGE OF LORIDA NC O.MMBA,I.,A.L WNER OSBY OIA OWLES AND SSOCIATES NC GENT OCATED AT 801“154A”(7.5I-95,1.5SR60). TH VENUE MILES WEST OF MILES SOUTH OF ZC:A-2,A2(1/10). ONING LASSIFICATION GRICULTURAL UP TO UNIT ACRES LUD:AG-2,A(1/10). AND SE ESIGNATION GRICULTURAL UP TO UNIT ACRES Q-J ...................................................................................................... 26 UASIUDICIAL 9.C.2.A46S--:LC’ TH BANDONMENT OF A PORTION OF TREET RIGHTOFWAY INDA ROSS 46S.T TH REQUEST FOR AN ABANDONMENT OF A PORTION OF TREET HE SUBJECT 38 TH SEGMENT IS A PAPER STREET LOCATED EAST OF AND ADJACENT TO AG.L ....................................................................... 27 VENUE IN IFFORD EGISLATIVE 9.C.3.CJMC:R19.95, OMMUNITIES EQUEST TO REZONE APPROXIMATELY ACRES 65SL TH LOCATED SOUTHWEST OF THE INTERSECTION OF TREET AND ATERAL “G”C,A-1,A-1D(1/5) ANAL FROM GRICULTURAL ISTRICT UP TO UNIT ACRES TO RS-6,SFRD(6/),N INGLE AMILY ESIDENTIAL ISTRICT UP TO UNITSACRE IKOLAS M,CM,JCF,. ANOUDAKIS ONNIE OYER OHN AND HRISTINE RANKE OWNERS LDS,.Q-J .................................................... 27 AND ESIGN OUTH AGENT UASIUDICIAL 9.C.4.QCPD:R(PD) UAIL REEK EQUEST FOR PLANNED DEVELOPMENT SPECIAL PD/ EXCEPTION USE AND PRELIMINARY PLANPLAT APPROVAL FOR A PROJECT TO QC.QCDG,LLC, BE KNOWN AS UAIL REEK UAIL REEK EVELOPMENT ROUP February 15, 2005 4 O.S,B&S,LLC,A.L WNER CHULKE ITTLE TODDARD GENT OCATED ON THE 81S58A.ZC: STTH NORTH SIDE OF TREET WEST OF VENUE ONING LASSIFICATION RS-3,RS-F(3).LU ESIDENTIAL INGLEAMILY UP TO UNITS PER ACRE AND SE D:L-1,LDR(3). ESIGNATION OW ENSITY ESIDENTIAL UP TO UNITS PER ACRE PD:2.40.L .................................... 27 ROPOSED ENSITY UNITS PER ACRE EGISLATIVE 9.C.5.BFS:R ANACK RUIT TAND EQUEST FOR SPECIAL EXCEPTION USE APPROVAL FOR ,,. FRUIT VEGETABLE AND NURSERY RETAIL SALES IN AN AGRICULTURAL AREA BFLP,O.CA,I., ANACK AMILY IMITED ARTNERSHIP WNER ARTER SSOCIATES NC A.L65S/66 THTH GENT OCATED AT THE SOUTHEAST CORNER OF THE TREET A.ZC:A-1,A1( VENUE INTERSECTION ONING LASSIFICATION GRICULUTRAL UP 1/5).LUD:AG-1,A(1 TO UNIT ACRES AND SE ESIGNATION GRICULTURAL UP TO /5).Q-J ............................................................................ 28 UNIT ACRES UASIUDICIAL 11.C.GENERAL SERVICES – SHERIFF’S OFFICE RENOVATION – BARTH CONSTRUCTION – SECOND AND THIRD AMENDMENTS TO THE EMERGENCY CONTRACT .................... 28 11.I.1.PUBLIC WORKS – BEACH WATCH MEMBERSHIP – BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE – FLORIDA SHORE AND BEACH PRESERVATION ASSOCIATION (FSBPA) – BEACH PRESERVATION FUND .......... 30 11.I.2.PUBLIC WORKS – PROJECT ENGINEER CLIFFORD J. SUTHARD, P.E. – PERMANENT PART-TIME EMPLOYMENT AGREEMENT ............................................................................................. 31 11.J.1.UTILITIES SERVICES – ADDITION OF STANDBY GENERATOR REQUIREMENT TO THE COUNTY UTILITY CONSTRUCTION STANDARDS ............................................................ 31 February 15, 2005 5 12.COUNTY ATTORNEY – MGD DEVELOPMENT OF FLORIDA II, LLC V INDIAN RIVER COUNTY – OCEAN SANDS PROJECT - PROPOSED SETTLEMENT BY APPROVAL OF A REVISED PRELIMINARY PD PLAN (SITE PLAN AND PRELIMINARY PLAT) ............................................................................. 31 13.C.COMMISSIONER SANDRA L. BOWDEN – COMMITTEE ASSIGNMENT – EARLY LEARNING COALITION – COMMISSIONER BOWDEN REPLACED BY COMMISSIONER DAVIS ........................................................................................................... 34 14.A.EMERGENCY SERVICES DISTRICT .................................................. 35 14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 35 14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 35 February 15, 2005 6 February 15, 2005 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in th Regular Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday, February 15, 2005, at 9:00 a.m. Present were Chairman Thomas S. Lowther, Vice Chairman Arthur R. Neuberger, and Commissioners Wesley S. Davis, and Gary C. Wheeler. Commissioner Sandra L. Bowden was absent (illness). Also present were County 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 Commissioner Wheeler led the Pledge of Allegiance to the Flag. February 15, 2005 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Lowther requested the following changes to today’s Agenda: 7.B. Additional Backup – Fax from Caroline Ginn regarding abolishing Utilities Advisory Committee 8. Deletion – Congressman Weldon unable to attend the meeting. 12.A. Additional Backup - Letters and phone calls in opposition to the Ocean Sands Project ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously made the above changes to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS None. 6.A. APPROVAL OF MINUTES – GROWTH AND DEVELOPMENT WORKSHOP OF JANUARY 12, 2005 The Chairman asked if there were any corrections or additions to the Minutes of the Growth and Development Workshop of January 12, 2005. There were none. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved the Minutes of the Growth and Development Workshop of January 12, 2005, as written and distributed. February 15, 2005 2 6.B. APPROVAL OF MINUTES – REGULAR MEETING OF JANUARY 18, 2005 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of January 18, 2005. There were none. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously approved the Minutes of the Regular Meeting of January 18, 2005, as written and distributed. 7. CONSENT AGENDA Vice Chairman Neuberger wished to pull Item 7.D. to hear former Chairman Caroline Ginn’s presentation for retention of the Utilities Advisory Committee and Item 7.F. for more information. 7.A. R EPORTS The following report has been received and is on file in the office of the Clerk to the Board: Indian River County Hospital District Meeting Schedule for 2005 7.B. PDM1-6,2005M ROCLAMATION ESIGNATING ARCH AS ENTALLY HW–KC–33A RD ANDICAPPED EEK NIGHTS OF OLUMBUS NNUAL TRD OOTSIE OLL RIVE February 15, 2005 3 ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously (by a vote of 4-0, Commissioner Bowden absent) approved the proclamation designating March 1-6, 2005 as Mentally Handicapped Week. 7.C. AW–J28–F3,2005 PPROVAL OF ARRANTS ANUARY EBRUARY ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously (by a vote of 4-0, Commissioner Bowden absent) approved the list of Warrants as issued by the Clerk to the Board for January 28-February 3, 2005, as requested. 7.D. PRDUA ROPOSED ESOLUTION TO ISSOLVE THE TILITY DVISORY C(T) OMMITTEE ABLED MOTION WAS MADE by Vice Chairman Neuberger, SECONDED by Commissioner Davis, to table this resolution until the Board has time to hear former Chairman Caroline Ginn’s request to not sunset the Utilities Advisory Committee. Under discussion, Commissioner Wheeler spoke in favor of sunsetting the UAC based on the recommendation of staff and the staffing required for the committee. February 15, 2005 4 The Chairman CALLED THE QUESTION and the motion to table carried by a vote of 3-1-0 (Commissioner Wheeler opposed and Commissioner Bowden absent.) 7.E. ERSI–D AST OSELAND TORMWATER MPROVEMENTS EDICATION OF CES.JRW ONSERVATION ASEMENTS TO T OHNS IVER ATER MD(SJRWMD) ANAGEMENT ISTRICT ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously approved (by a vote of 4-0, Commissioner Bowden absent) the proposed conservation easement and authorized the Chairman to execute same and have it recorded, as recommended in the memorandum of February 8, 2005. COPY OF RECORDED EASEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD EASEMENT WAS RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY 7.F. RN.2005-0172005-018–J ESOLUTION OS AND OINT PAFD ARTICIPATION GREEMENTS WITH THE LORIDA EPARTMENT OF T(FDOT)–HFJ– RANSPORTATION URRICANES RANCES AND EANNE FEMA(FEMA) EDERAL MERGENCY ANAGEMENT GENCY Public Works Director Jim Davis responded to Vice Chairman Neuberger’s questions about how the FEMA funding is handled through the FDOT. February 15, 2005 5 ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously (by a vote of 4-0, Commissioner Bowden absent) adopted Resolution No. 2005-017 approving a Florida Department of Transportation Emergency Joint Participation Agreement for funding of the repair of Federal Highway Administration functionally classified county roads in Indian River County damaged by Hurricane Frances. ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously (by a vote of 4-0, Commissioner Bowden absent) adopted Resolution No. 2005-018 approving a Florida Department of Transportation Emergency Joint Participation Agreement for funding of the repair of Federal Highway Administration functionally classified county roads in Indian River County damaged by Hurricane Jeanne. COPIES OF PARTIALLY EXECUTED AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.G. RN.2005-019–MB ESOLUTION O ISCELLANEOUS UDGET A006 MENDMENT February 15, 2005 6 ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously (by a vote of 4-0, Commissioner Bowden absent) adopted Resolution No. 2005-019 amending the fiscal year 2004-2005 budget. 7.H. RN.2005-020–TCDL ESOLUTION O RAFFIC ONTROL EVICE EDGER ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously (by a vote of 4-0, Commissioner Bowden absent) adopted Resolution No. 2005-020 approving traffic control devices authorized by the Director of Public Works. 7.I. HSCR–C UMANE OCIETY OMPENSATION ATES ONTRACT FOR PASSFY2004/2005 ROVIDING NIMAL HELTER ERVICES AND 2005/2006 ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously (by a vote of 4-0, Commissioner Bowden absent) approved the proposed compensation rate of $60 per animal for the current fiscal year, retroactive to October 1, 2004 and for fiscal year 2005/2006; authorized staff to proceed with preparation of a two-year contract with the Humane Society, effective October 1, 2004 through September 30, 2006, and to submit the contract to the Board of County Commissioners for approval at a future date. February 15, 2005 7 CONTRACT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 7.J. RN.2005-021–A$30,000,000 ESOLUTION O UTHORIZATION FOR WSRRB,S2005– ATER AND EWER EVENUE EFUNDING ONDS ERIES RBCDR(U);FS AIN AUSCHER NDERWRITER IRST OUTHWEST C(FA);B,M&O,P.A. OMPANY INANCIAL DVISOR RYANT ILLER LIVE (BC);N,G&N,P.A. OND OUNSEL AND ABORS IBLIN ICKERSON (DC) ISCLOSURE OUNSEL ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously (by a vote of 4-0, Commissioner Bowden absent) adopted Resolution No. 2005-021 amending and supplementing Resolution No. 93-80, providing for the issuance of not exceeding $30,000,000 Water and Sewer Revenue Refunding Bonds, Series 2005. (Clerk’s Note: See the resolution for complete title.) 7.K. FECRC(FEC)L LORIDA AST OAST AILWAY OMPANY ICENSE AITSS GREEMENT TO NSTALL RAFFIC IGNAL YNCHRONIZATION EFECRT4S TH QUIPMENT AT THE AILROAD RACKS AT TREET ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously (by a vote of 4-0, Commissioner Bowden absent) approved the February 15, 2005 8 Agreement and authorized the Chairman to sign the same, as recommended in the memorandum of February 2, 2005. COPY OF PARTIALLY EXECUTED SYNCHRONIZATION AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.L. TFCA–APD HE LEX OMPANY OF MERICA MENDED LAN OCUMENT (CP)(CCC) AFETERIA LAN LERK OF IRCUIT OURT ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously (by a vote of 4-0, Commissioner Bowden absent) authorized the Chairman to execute the Amended Plan Document to include the Board of County Commissioners under the Clerk of the Circuit Count’s Cafeteria Plan, as recommended in the memorandum of February 7, 2005. DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.M. DLPIII–FPA-S IAMOND AKE HASE INAL LAT PPROVAL UNLAND D,I.–CC EVELOPMENT NC ONTRACT FOR ONSTRUCTION OF RICDE EQUIRED MPROVEMENTS AND ASH EPOSIT AND SCROW A GREEMENT ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously (by a vote of 4-0, Commissioner Bowden absent) granted final February 15, 2005 9 plat approval for Diamond Lake Phase III, and authorized the Chairman to sign the Contract for Construction of Required Improvements and Cash Deposit and Escrow Agreement, as recommended in the memorandum of February 7, 2005. COPIES OF DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.N. M.T.C,I.–AP AUSLEY NC GREEMENT FOR ROFESSIONAL IS–BD NSPECTION ERVICES UILDING IVISION ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously (by a vote of 4-0, Commissioner Bowden absent) approved the Agreement for Professional Inspection Services with M. T. Causley, Inc., and authorized the Chairman to execute the Agreement on behalf of the County, as recommended in the memorandum of February 76, 2005. AGREEMENT IS ON FILE IN THE OFFICE OF TH E CLERK TO THE BOARD 7.O. H,SIOS ARDWARE OFTWARE AND NSTALLATION RDER AND ERVICE SA–N,I.–G UBSCRIPTION GREEMENT AVTRAK NC LOBAL PS(GPS)–BD OSITIONING YSTEM UILDING IVISION February 15, 2005 10 ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously (by a vote of 4-0, Commissioner Bowden absent) approved the Hardware, Software, and Installation Order and attached Service Subscription Agreement, and authorized the Chairman to execute the documents, as recommended in the memorandum of February 7, 2005. DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.P. 2005/2006–BW/HS UDGET ORKSHOPEARING CHEDULE ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously (by a vote of 4-0, Commissioner Bowden absent) approved the budget workshop dates (July 13-14, 2005) and the dates for the budget hearings (September 7 and 14, 2005) for the 2005/2006 budgets, as recommended in the memorandum of February 4, 2005. 7.Q. RFQ7042–IRCJE NDIAN IVER OUNTY AIL XPANSION AND R-CMRF EMODELING ONSTRUCTION ANAGEMENT AT ISK INAL R–ANPR.B ANKING UTHORIZED EGOTIATIONS WITH ETER ROWN OF T,F ALLAHASSEE LORIDA February 15, 2005 11 ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously (by a vote of 4-0, Commissioner Bowden absent) approved final ranking as presented by the Selection Committee and authorized staff to begin negotiations with Peter R. Brown of Tallahassee, Florida, for Construction Management Services for the Indian River County Jail Expansion and Remodeling Project, as recommended in the memorandum of February 7, 2005. 7.R. SDO–R-P–E CHOOL ISTRICT FFICES EROOFING ROJECT DLUND DBADS–W RITENBAS INKLEY RCHITECTS FOR ESIGN ERVICES ORK O#1 RDER ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously (by a vote of 4-0, Commissioner Bowden absent) approved Work Order #1 for Edlund Dritenbas Binkley Architects in the amount of $12,600 and authorized the execution by the Chairman, as recommended in the memorandum of February 3, 2005. WORK ORDER #1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD February 15, 2005 12 7.S. C’SAC-GR HILDRENS ERVICES DVISORY OMMITTEE RANT EVIEW S-C’YEMR-FY UBOMMITTEES EAR ND ONITORING EPORT 2003/2004 ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously (by a vote of 4-0, Commissioner Bowden absent) approved the Grant Review Sub-Committee’s Year End Monitoring Report for FY 2003/2004, as requested in the memorandum of February 4, 2005. 7.T. C’SAC–AR HILDRENS ERVICES DVISORY OMMITTEE NNUAL EPORT –FY2003/2004 ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Neuberger, the Board unanimously (by a vote of 4-0, Commissioner Bowden absent) approved the Children’s Services Advisory Committee’s Annual Report FY 2003/2004, as requested in the memorandum of February 4, 2005. 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES – CONGRESSMAN DAVE WELDON Congressman Weldon was unable to be present at the meeting. February 15, 2005 13 (Clerk’s Note: Prior to today’s public hearings, County Attorney Collins gave a comprehensive explanation concerning the difference between Legislative items and Quasi-Judicial items as well as Sunshine Law prohibitions.) 9.A.1. PUBLIC HEARING – RESOLUTION NO. 2005-022 – FIRST BAPTIST CHURCH OF WABASSO – ABANDONMENT OF A THTH PORTION OF 48 AVENUE BETWEEN 86 STREET AND TH 87 STREET - LEGISLATIVE PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling reviewed the memorandum using a drawing on page 345 in the backup to illustrate his presentation. He noted that the traffic circulation is good. Staff recommended this abandonment but also recommended retention of an easement over the right-of-way. Commissioner Wheeler questioned whether access to the back of the buildings had been investigated by emergency and law enforcement staff, and Director Boling gave assurances that the plan had been approved by life-safety staff during the site plan process. The Chairman opened the public hearing. th Eric Pollard , 6153 98 Place, a First Baptist Church member, read a short presentation advising that the abandonment was requested for safety purposes as well as a concern for loitering. The Chairman closed the public hearing. February 15, 2005 14 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously (by a vote of 4-0, Commissioner Bowden absent) adopted Resolution No. 2005-022 providing for the closing, abandonment, th vacation and discontinuance of a portion of 48 Avenue thth lying between 86 Street and 87 Street, reserving an easement over the entire right-of-way, said land lying in Indian River County, Florida. 9.A.2. PUBLIC HEARING – ORDINANCE NO. 2005-004 – LDR AMENDMENT FOR ROADWAY LANDSCAPE BUFFERS FOR MULTI-FAMILY SITE PLAN PROJECTS - LEGISLATIVE PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling reviewed the memorandum and referred to the experience with The Palms of Vero that had called attention to the need for buffering requirements for multi-family site plan projects. Director Boling displayed a chart called Comparison of Existing and Proposed Standards to review the existing and proposed requirements. (See Attachment 4 on page 362 of the backup.) The Planning and Zoning Commission, the Professional Services Advisory Committee, and staff recommended approval. When questioned, Director Boling estimated that the proposed changes would increase the cost of multi-family housing a couple to several hundred dollars per unit depending on road frontage. He also advised that the amendment would probably not reduce the density within a February 15, 2005 15 multi-family development. He gave assurance that if the developer installed a wall to save the cost of landscaping buffers that the wall would require landscaping as well. The Chairman opened the public hearing. Renee Renzi , 340 Waverly Place, was pleased this amendment has moved forward. Debra Ecker, who spoke on behalf of an informal alliance of environmental and horticultural groups and other individuals, supported the amendment, urged the use of native plants wherever possible and expressed the group’s preference for landscaped berms instead of walls. Peter Radke , 2302 Vero Beach Avenue, pointed out that increasing the buffers would decrease the open space that could be used by residents. He pointed out that buffering is not required for subdivisions. Joe Paladin , Growth Awareness Committee, thought the Commission should raise the bar even further. He recommended the 10-foot strip minimum on the exterior corridor should be increased to 30-foot because it is important what people see from the streets. He preferred a berm instead of a wall and specified that it should be a 4-foot berm instead of a 3-foot berm. It was suggested that Mr. Paladin meet with Mrs. Ecker and her group. The Chairman closed the public hearing. Director Boling responded to Commissioner Davis’ concern about projects that are already submitted by advising that this amendment would only impact new applications but staff members have been successful when they have asked developers to increase their buffering. He noted that we are not getting that many multi-family project applications. Staff felt it was good reasoning to calibrate the depth of the buffer with the size of the project. February 15, 2005 16 MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Davis, to increase the proposed minimum buffer of 10-foot to 15- or 20-foot regardless of the lot size. Under discussion, it was suggested and discussed that the width of the landscaping be tied to the depth of the project. MOTION WAS AMENDED by Commissioner Wheeler, SECONDED by Commissioner Davis, (by a vote of 4-0, Commissioner Bowden absent) to increase the minimum buffer to 15-foot for lots under 400 feet in depth. Discussion ensued to clarify the amendment. The Chairman CALLED THE QUESTION on the amendment and the amended motion carried unanimously (by a vote of 4-0, Commissioner Bowden absent). ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, the Board unanimously (by a vote of 4-0, Commissioner Bowden absent) adopted Ordinance No. 2005-004, as amended above, amending Land Development Regulations \[LDRs\] Chapter 926, Landscape and Buffer Regulations by amending Section 926.09 regarding landscape along roadways.) February 15, 2005 17 9.A.3. PUBLIC HEARING – ORDINANCE NO. 2005-005 – MAVERICK GROUP LLC - REZONE 18.54 ACRES FROM A-1 TH TO RS-3 – NORTHEAST INTERSECTION OF 58 AVENUE TH AND 8 STREET - QUASI-JUDICIAL PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating reviewed the request for rezoning by using a PowerPoint presentation (copy is on file). He specified that the Planning & Zoning Commission and staff have recommended approval based on their findings of satisfying concurrency tests, consistency with the Comprehensive Plan, no environmental impact, and compatibility with the surrounding area. Commissioner Wheeler emphasized his preference for connectivity and inquired th about the capacity at the intersection of 58 Avenue and SR-60. Director Keating knew this intersection to be “broken” and explained that concurrency tests are based on volumes and capacities and levels of services on roadway lengths not intersections. Traffic Engineering and Community Development Departments evaluate intersections (for development projects) and when they are broken, developers are required to fix them or contribute to their fixing. He also explained considerations given to concurrency tests for new applications concerning vested (impact fees paid) projects. Commissioner Wheeler expressed his concerns about the increase of traffic at that intersection and made suggestions for future consideration to facilitate moving cars away from an accident scene. Director Keating advised that staff is currently working on 9 LDR amendments one of which should reduce traffic concerns. Traffic Engineer Chris Mora explained that some of the approved projects that may not be accounted for under the current procedures would be accounted for when the developers look at their build-out year because not only do they account for their project’s traffic and all vested trips, but they also have to grow the existing traffic on all of the lanes by some pre-established growth percentage we tell them to use. February 15, 2005 18 Commissioner Wheeler suggested approaching the road issue by deciding what kind of roads we want and adjust the density downward. Vice Chairman Neuberger declared we know what roads we need in our 5 and 10-year plans, and understood if we have enough dollars we could build them. County Administrator Baird responded that funding is set aside for road projects; it is the rights-of-way purchases that slow down the process. Chairman Lowther thought it important to keep road-building ahead of necessity as rd was the case with the Oslo Road and 43 Avenue intersection. Public Works Director Jim Davis emphasized that we are ahead of the 20-year plan. We are working on several projects that are on the second five-year increment. He specified that Oslo Road was not planned to be 5-laned until 3 or 4 years in the future. Commissioner Wheeler mentioned that if we are not behind, then the 20-year plan is wrong. He thought one problem is we are short on staff in a lot of departments. A lengthy discussion ensued on road planning, MPO meetings, and on the long-range transportation plan. County Administrator Baird pointed out that one of the employee shortages was being addressed on today’s agenda for an outside company to review permits and we have recently added to the budget for inspectors. The County is trying to attract qualified inspectors but there is a shortage of them in the entire state. Commissioner Wheeler declared that 20 years ago he never dreamed we would have the growth we are experiencing. He predicted that in 20 more years we would be at build-out and recommended the transportation plan be amended based on that concept. Commissioner Davis agreed and thought that we should compress the 5-year plan th and build safer not just bigger roads. He asked for an update on the 58 Avenue and SR-60 intersection. Director Davis reported that at the next meeting, there should be an agreement with a consultant to begin the process of designing the road, identifying the stormwater treatments, and rights-of-way needed (which is part of that contract). The Chairman opened the public hearing. February 15, 2005 19 John Williams , 1535 Smugglers Cove, spoke at length advocating a simple moratorium on applications for time to adopt the LDR modifications and the need for protective referendum. He requested the Board to deny this rezoning request. Kitty Kennedy , 356 Eugenia Road, requested the Commission to have a vision of the future of the county, to have courage and stand by their convictions, and to be proactive in their pursuit of its vision. Aaron Bowles , Mosby, Moia and Bowles, brought up traffic counts and specified that the site will probably build out to about 36 units which would generate about 360 trips per day, not 600 trips as earlier estimated. The Chairman closed the public hearing. MOTION WAS MADE by Commissioner Davis, SECONDED by Vice Chairman Neuberger, to approve staff’s recommendation. Under discussion, Commissioner Wheeler would agree to support this if the applicant offered a covenant to restrict the zoning to RS-2. In response to Commissioner Davis, Director Keating explained the difference between RS-3 and RS-2 by advising that the total number of units would be fewer than 36 units (about 2 units per acre) estimated by Mr. Bowles or about 1.8 or 1.7 units per acre. Commissioner Davis agreed with what Commissioner Wheeler said about addressing traffic issues and favored low-rise/low-density projects. This is a low-density project and he planned to support the motion. Commissioner Wheeler advised he would not support RS-3 zoning for this property, but if the motion failed, he would support RS-2. February 15, 2005 20 The Chairman CALLED THE QUESTION and the motion carried by a vote of 3-1-0, (Commissioner Wheeler opposed and Commissioner Bowden absent). (The Board adopted Ordinance No. 2005-005 amending the Zoning Ordinance and the accompanying Zoning Map for +/- 18.54 thth acres located at the northeast corner of 8 Street and 58 Avenue from A-1, agricultural district (up to 1 unit/5 acres), to RS-3, single-family residential district (up to 3 units/acre); and providing codification, severability, and effective date.) 9.A.4. PUBLIC HEARING – YUKON LAND CORPORATION – BLUEWATER BAY PLANNED DEVELOPMENT (PD) - SPECIAL EXCEPTION USE AND CONCEPTUAL PD PLAN APPROVAL CONTINGENT ON CONTRACT FOR TH PURCHASE OF LOTS 275-286 FOR CURVE CR-510 TO 89 STREET - LEGISLATIVE PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling reviewed the memorandum and displayed page 396 on the overhead screen. He described traffic issues because this project is located in an area of large tracts of land to be developed both in the county and within the city limits of Sebastian. He used an aerial photograph (copy on file with the backup) to discuss the School Board’s concerns for safety due to the proximity of both the Sebastian River High School and the Liberty Magnet School and the many projects planned for that area. He advised of the preferred alternative plans thth for 89 Street improvements, installation of a traffic signal at 89 Street at the CR-510 intersection February 15, 2005 21 in lieu of the signal at the high school, and moving Vero Lake Estates’ and the SRHS’s entryway, all of which is being coordinated with the School Board. He reviewed the site plan displayed on the overhead and the proposed roadways and crossing to a small park. The entrances to the project thth will be on improved and/or new roads, one from 86 Avenue and one from 89 Street. He listed the new roadways and those to be improved with this project and the other nearby proposed projects. He reviewed in detail the buffers and different lots sizes. The Planning and Zoning Commission has recommended, and the developer has agreed, to limit the smallest lots on the perimeter to 1 story. Then he highlighted the “waivers comparison chart” and buffer examples and trade-offs as listed in the memorandum. In conclusion, he advised of staff’s recommendation for approval with all conditions and restrictions for a delayed building on the bend and 1-story homes on small lots on the perimeter. Director Boling responded to questions from Commissioners and Commissioners voiced their preference for keeping densities similar to the other developments in the area even within the city limits of Sebastian. He described future interconnectivity and the cooperative effort th with the City of Sebastian. It was recognized that a new segment of 89 Street lying west of CR510 to serve Sebastian River High School and Vero Lake Estates would require purchase of several lots on the southwest corner of the Bluewater Bay property. Public Works Director Jim Davis responded to specific questions regarding the proposed roadway, explained some of the factors concerning the preference for the roadway of choice, and emphasized that action needs to be taken soon to assure purchase of the lots. Director Davis reported we are trying to get FDOT to pay for the lots and maximize their contribution to this project. We have a 3-year commitment to make the decision and for FDOT to get the money to purchase undeveloped property. Discussion ensued and Commissioner Wheeler suggested purchasing the necessary lots now from the developer at pre-construction prices; if for any reason we do not use them, then we can sell them. Commissioner Wheeler asked what would happen if this project is approved today and the developer delayed building for 10 years, and County Attorney Collins responded that land development approvals run with the land. Commissioner Wheeler expressed a desire for a provision for the expiration of land development approvals. He thought the Board should be able to reassess a decision based on actual circumstances at the time. February 15, 2005 22 Discussion ensued and there appeared to be CONSENSUS for a number 10 on the LDR amendments list to provide time restrictions on residential development approvals. County Administrator Baird suggested that the developer might consider donating the lots needed for the 1,000-foot curve. Commissioner Wheeler raised the issue of floor space compared to lot size and asked if the County has addressed that, and Director Keating responded that we do not have a residential floor area ratio (FAR) but we do have it in commercial districts. Commissioner Davis suggested another LDR amendment to not allow more than 1 story structures on 50’ lots. Commissioner Wheeler suggested that may be something the Board might want to consider; staff could bring that back for the Board’s consideration. Director Keating pointed out that in a PD they could dictate quite a number of things. One advantage of allowing two-story is getting a mix of units, less cookie-cutter. Commissioner Davis thought the County is now heading in the right direction with this but he would also like to see staff working together with the City of Sebastian on projects to th the east all the way to perhaps 66 Avenue. The Chairman opened the public hearing. th Mark Brackett , the developer, 1915 34 Avenue, Vero Beach, commented this development has been 13 months in planning and several changes have been made. He specified that the roads under discussion do not exist yet but will be beneficial for the future residents to allow traffic to flow without getting on CR-510. The four developers have agreed to donate all the necessary rights-of-way and to design and build the roads free of cost and maintain them to the edge of the road. The County will maintain the asphalt. He estimated the roads and bridge improvements by the developers at about $1.2- $1.5 million. As to the lots for the curve, he would not donate them. They have been set aside and he invited staff to meet with him soon to work out something. He felt this project would be what the community wants to see since it has evolved February 15, 2005 23 with the wants of the public and directions of the Commission to staff. Mr. Brackett requested the Board to allow building of two-story homes in the northeast corner that would be spaced out between one-story homes on the 55-foot lots. He had previously acquiesced to the P&Z’s preference but asked if he could modify it to limiting two-story homes in that section to no more than 20% of the lots and any two-story homes would have to be separated by not less than three one-story homes. All of that would be subject to streetscape approval by the Planning Department. Vice Chairman Neuberger understood the concern about the two-story homes is to not have them on the perimeter; the County would probably not have a problem with two-stories in the interior lots. Mr. Brackett allowed that he could agree to limit two-story homes to interior lots if that was the desire of the Commissioners, but after discussion he suggested that every third or fourth house could be two-story to allow diversity depending on the desire of the lot’s purchaser. There was CONSENSUS to allow some two-story homes, and Director Boling noted that staff would amend the conditions to include the provision for interspersed two-story houses. The Chairman closed the public hearing. Vice Chairman Neuberger was still concerned about the purchase of the property on the southwest corner. He preferred to purchase the lots based on a percentage of the square footage of the whole property rather than the price of each individual lot. County Administrator Baird suggested addition of another condition to approval: upon reaching a reasonable agreement on the purchase of those lots. Vice Chairman Neuberger wished to add that condition. Mr. Brackett declared that he could not sell the lots as Vice Chairman Neuberger requested. Lots are currently under contract but those lots have been set aside until a decision is made on them. He felt he has been responsible in setting the lots aside when FDOT has not February 15, 2005 24 committed yet. Setting them aside is as far as he would go. He would agree to negotiate now with the County a “discounted” price for the lots based on current market value. Discussion ensued whereby the Commissioners spoke in favor of purchasing the lots now rather than waiting. Chairman Lowther reminded Mr. Brackett that he offered to sell the lots to the Mr. Brackett County at a “discounted” price, and affirmed his offer. Vice Chairman Neuberger wanted to see a contract for the lots before approving the recommendation, and Commissioner Wheeler agreed that should be a condition to the approval. MOTION WAS MADE by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, to have the corner lots (lots 275-286) under contract before the special exception use and conceptual PD plan for Bluewater Bay is granted. Mr. Brackett Chairman Lowther explained to that the project would not be approved until he has successfully negotiated with staff. Mr. Brackett asked them to agree that once the contract is signed that the approval of his request would be granted. Director Boling advised that having the lots under contract with the County could be tied to the land development permit. Commissioners indicated their understanding of the motion and their agreement. The Chairman CALLED THE QUESTION and the motion carried unanimously. (4-0, Commissioner Bowden absent) (The Board, subject to the corner lots discussed being under contract for sale to and purchase by Indian River County, February 15, 2005 25 granted PD special exception and conceptual PD plan approval for Bluewater Bay with the conditions as set out in backup on pages 391 and 392 with a modification to allow two-story homes on 55-foot lots to be built as per staff’s notification by letter dated February 16, 2005 to Jodah Bittle, P.E.) (CLERK’S NOTE: A copy of Planning Director Stan Boling’s letter dated February 16, 2005 addressed to Jodah Bittle has been placed with the backup for this item. The said letter specifies all the conditions and amendments to the staff’s recommendation as amended by the Board of County Commissioners.) The Chairman called a recess at 11:28 a.m. The meeting was reconvened at 11:37 a.m. with the same members present. 9.B.1. PUBLIC DISCUSSION ITEM – SUSAN J. LEWIS REGARDING RELATIONSHIPS BETWEEN BUILDERS, DEVELOPERS, AND HOMEBUYERS Mrs. Lewis was not present. 9.C. PUBLIC NOTICE ITEM – NOTICE OF SCHEDULED PUBLIC HEARINGS ON FEBRUARY 22, 2005 9.C.1.TC–R EEN HALLENGE EQUEST FOR SPECIAL EXCEPTION USE /.T APPROVAL TO EXPAND AN EXISTING CAMPRETREAT EEN February 15, 2005 26 CF,I.,O.MMB HALLENGE OF LORIDA NC WNER OSBY OIA OWLES A,I.,A.L801“154A” TH AND SSOCIATES NC GENT OCATED AT VENUE (7.5I-95,1.5SR60).Z MILES WEST OF MILES SOUTH OF ONING C:A-2,A2(1/10). LASSIFICATION GRICULTURAL UP TO UNIT ACRES LUD:AG-2,A(1/10 AND SE ESIGNATION GRICULTURAL UP TO UNIT ).Q-J ACRES UASIUDICIAL 9.C.2.A46S--: TH BANDONMENT OF A PORTION OF TREET RIGHTOFWAY LC’ INDA ROSS REQUEST FOR AN ABANDONMENT OF A PORTION OF 46S.T TH TREET HE SUBJECT SEGMENT IS A PAPER STREET LOCATED 38AG. TH EAST OF AND ADJACENT TO VENUE IN IFFORD L EGISLATIVE 9.C.3.CJMC:R19.95 OMMUNITIES EQUEST TO REZONE APPROXIMATELY ,65 TH ACRES LOCATED SOUTHWEST OF THE INTERSECTION OF SL“G”C,A-1,A-1 TREET AND ATERAL ANAL FROM GRICULTURAL D(1/5)RS-6,SF ISTRICT UP TO UNIT ACRES TO INGLE AMILY RD(6/),N ESIDENTIAL ISTRICT UP TO UNITSACRE IKOLAS M,CM,JCF, ANOUDAKIS ONNIE OYER OHN AND HRISTINE RANKE .LDS,.Q-J OWNERS AND ESIGN OUTH AGENT UASIUDICIAL 9.C.4.QCPD:R(PD) UAIL REEK EQUEST FOR PLANNED DEVELOPMENT PD/ SPECIAL EXCEPTION USE AND PRELIMINARY PLANPLAT QC.Q APPROVAL FOR A PROJECT TO BE KNOWN AS UAIL REEK UAIL February 15, 2005 27 CDG,LLC,O.S,B& REEK EVELOPMENT ROUP WNER CHULKE ITTLE S,LLC,A.L81 ST TODDARD GENT OCATED ON THE NORTH SIDE OF S58A.ZC:RS-3, TH TREET WEST OF VENUE ONING LASSIFICATION RS-F(3).L ESIDENTIAL INGLEAMILY UP TO UNITS PER ACRE AND UD:L-1,LDR(3 SE ESIGNATION OW ENSITY ESIDENTIAL UP TO ).PD:2.40. UNITS PER ACRE ROPOSED ENSITY UNITS PER ACRE L EGISLATIVE 9.C.5.BFS:R ANACK RUIT TAND EQUEST FOR SPECIAL EXCEPTION USE ,, APPROVAL FOR FRUIT VEGETABLE AND NURSERY RETAIL SALES IN .BFLP, AN AGRICULTURAL AREA ANACK AMILY IMITED ARTNERSHIP O.CA,I.,A.L WNER ARTER SSOCIATES NC GENT OCATED AT THE 65S/66A THTH SOUTHEAST CORNER OF THE TREET VENUE .ZC:A-1,A1 INTERSECTION ONING LASSIFICATION GRICULUTRAL (1/5).LUD:AG-1, UP TO UNIT ACRES AND SE ESIGNATION A(1/5).Q-J GRICULTURAL UP TO UNIT ACRES UASIUDICIAL Executive Aide Kimberly Massung read the above notices into the record. 11.C. GENERAL SERVICES – SHERIFF’S OFFICE RENOVATION – BARTH CONSTRUCTION – SECOND AND THIRD AMENDMENTS TO THE EMERGENCY CONTRACT County Administrator Baird advised that this recommendation is to approve both the second and third amendments to the contract. February 15, 2005 28 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously supported the continued efforts to repair and rehabilitate the Sheriff’s Offices; granted authorization to proceed with the work outlined in Proposal request # 3 in the amount of $146,761.00; and authorized the Chairman to execute both the attached Third Amendment to the Emergency Contract for the Sheriff’s Office 911 Center – Additional Repairs, and the Second Amendment to the Emergency Contract for the Sheriff’s Office 911 Center – Additional Repairs which was previously approved by the Board at the January 18, 2005 in the form of a proposal, as recommended in the memorandum of February 7, 2005. SECOND AND THIRD AMENDMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD February 15, 2005 29 11.I.1. PUBLIC WORKS – BEACH WATCH MEMBERSHIP – BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE – FLORIDA SHORE AND BEACH PRESERVATION ASSOCIATION (FSBPA) – BEACH PRESERVATION FUND MOTION WAS MADE by Vice Chairman Neuberger, SECONDED by Commissioner Davis, to approve staff’s recommendation. Under discussion, Commissioner Wheeler questioned and opposed spending the $5,000 on this because he did not know of any specific good this group has done for Indian River County. Vice Chairman Neuberger spoke in favor of this because he believed that FSBPA has been effective in obtaining money for our beaches. Coastal Resource Manager Jonathan Gorham recommended support of Beach Watch; it has been a successful lobbying association. Chairman Lowther and Commissioner Davis indicated their support. The Chairman CALLED THE QUESTION and the motion carried by a vote of 3-1 Commissioner Wheeler opposed and Commissioner Bowden absent. (The Board approved the recommendation of the Beach and Shore Preservation Advisory Committee to join the Beach Watch lobbying program with funding in the amount of $5,000 from the Beach Preservation Fund, as recommended by staff and in the memorandum of February 8, 2005.) February 15, 2005 30 11.I.2. PUBLIC WORKS – PROJECT ENGINEER CLIFFORD J. SUTHARD, P.E. – PERMANENT PART-TIME EMPLOYMENT AGREEMENT ON MOTION by Commissioner Wheeler, SECONDED by Vice Chairman Neuberger, the Board unanimously (by a vote of 4-0, Commissioner Bowden absent) approved the contract and authorized the Chairman to execute the Permanent Part-Time Employment Agreement with Clifford J. Suthard, P.E., as recommended in the memorandum of February 8, 2005. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO BOARD 11.J.1. UTILITIES SERVICES – ADDITION OF STANDBY GENERATOR REQUIREMENT TO THE COUNTY UTILITY CONSTRUCTION STANDARDS ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Davis, the Board unanimously (by a vote of 4-0, Commissioner Bowden absent) approved the adoption of the revised Water and Wastewater Utility Standards, as presented and as recommended in the memorandum of February 8, 2005. 12. COUNTY ATTORNEY – MGD DEVELOPMENT OF FLORIDA II, LLC V INDIAN RIVER COUNTY – OCEAN SANDS February 15, 2005 31 PROJECT - PROPOSED SETTLEMENT BY APPROVAL OF A REVISED PRELIMINARY PD PLAN (SITE PLAN AND PRELIMINARY PLAT) County Attorney Collins read his memorandum of February 9, 2005 in its entirety into the record and explained why the Board should settle under the proposed terms. He then responded to questions of the Commissioners. The Chairman opened the floor to public comment. Bill Glynn , 1802 Barefoot Place, Vero Beach, president of North Beach Civic Association and the Barrier Island Coalition, called the plan ridiculous and commented there is no way to put 91 units there. Planning Director Stan Boling commented that a layout for 91 units that goes back quite a while ago on which there was a conceptual plan approval going back to the Disney ownership of the property. If this proposed settlement is approved they could conceivably build up to 66 units. Mr. Glynn predicted they would build 60 feet above the grade of A1A and the buildings would be closer to the road because of the CCCL (Coastal Construction Control Line). Bob Bruce, temporarily residing in the Highland Club, suggested the Commissioners look up compatible and consistency in the dictionary. Ray Hilton, 8735 Lakeside Boulevard, asked the Board to represent the homeowners as a neighborhood. Norm Lang , 8880 Sea Oaks Lane, pointed out there is a difference between a time-share versus a residential product. He thought the developer is trying to take advantage of a loophole. Norval Stephens, 1357 W. Island Club Square, presented various arguments that he felt could be used to defend the County in seeking a court decision in the County’s favor. February 15, 2005 32 There was discussion concerning the density granted to the Disney Resort the original owner of the subject property. Bill Schmidt, 8890 Sea Oaks North, encouraged the Board of County Commissioners not to set a precedent for future types of threats. He encouraged the Board to fight this in court. Richard Dunlop , Mayor of Orchid, called Mr. Collins’ presentation “extremely one-sided.” He thought the Board had the right to say “no” to unwanted development. John Johnson, 8348 Sego Lane, suggested buying this property to prevent its development; it would be a great public area. Vice Chairman Neuberger interjected that LAAC had considered buying it but the owner was not willing to sell it within the LAAC parameters. Gary Fronholtz , Bermuda Club, thought the Board should not duck from this issue but should act decisively because that is why people voted for them. Bill Johnson, a member of Sea Oaks board of directors, specified that not just Sea Oaks, but also Island Club, Bermuda Club, or almost 1,000 homeowners are opposed and want that considered in the final decision. Delaney Foster, Jr., Sea Oaks Way, a director of SOPA and an 8-year resident was sure the $17,500 could be raised to purchase the property and the Board should not let that be their decision-maker. Irving Miller , Sea Oaks, a 16-year resident, urged the Commissioners to reject the recommendation for settlement. The Chairman concluded the public comment. MOTION WAS MADE by Vice Chairman Neuberger Motion, SECONDED for discussion by Chairman Lowther, to go forward with the lawsuit. February 15, 2005 33 A brief discussion ensued. The Chairman CALLED THE QUESTION and the motion carried unanimously.) (The Board \[by a vote of 4-0, Commissioner Bowden absent\] rejected the County Attorney’s recommendation for settlement of the lawsuit filed by MGD Development of Florida II, LLC, in Circuit Court, and authorized the expenditure of $17,500 for outside legal counsel to file a Response to the lawsuit.) (CLERK’S NOTE: Additional information has been filed with the backup in the office of the Clerk to the Board.) 13.C. COMMISSIONER SANDRA L. BOWDEN – COMMITTEE ASSIGNMENT – EARLY LEARNING COALITION – COMMISSIONER BOWDEN REPLACED BY COMMISSIONER DAVIS In Commissioner Bowden’s absence, Executive Aide Kimberly Massung advised that Commissioner Bowden had requested to be replaced on the Early Learning Coalition (FKA School Readiness Coalition) and Commissioner Davis has agreed to take her place. She will be assigned to another committee at some later date. February 15, 2005 34 There was CONSENSUS to replace Commissioner Bowden with Commissioner Davis on the Early Learning Coalition. 14.A. EMERGENCY SERVICES DISTRICT None. 14.B. SOLID WASTE DISPOSAL DISTRICT None. 14.C. ENVIRONMENTAL CONTROL BOARD None. ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES February 15, 2005 35 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 12:51 p.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman Minutes Approved: _________________ BCC/PR/2005 Minutes February 15, 2005 36