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Home My WebLink About1/30/2001 .," � ,. .s^, ..' . . ,s. ., . .. .. ., ,x-. ' `�• N *3.. . .. . � +.s.. :-:_; ^'�. w.. t#:'. x 3 �. .,.. .. ... t ..9+Y',P; � , . ... } � „i: $ . ,+5,., '�,. , '��-�" F r9 x r � +x .,. fl .. .,. , , , .. . .. r }. .. ,v T4': X ... seg. . "4c k xs�' ,� . : . -r . . r 9 .sa"H.rr ,: -.. .� . Xr '�.� : .', � e n .f *" .e 4•`t . � � mac,-'a,Y F;:;... . :..r. 5'.. ,.. ..' �. ..s' $ . _ . .,. x '„ at . . :sh. .fi .; >r. f y., u,,.r. uR � .Y - s :,,: r-'> i, �` �;:.: "k....va 4 c '�;z.... . t ,3,...r1 . . y» ., ,... : . 'k: . .-s�; M^.. n ... -.et 'S .Eu-r k :.•v,... 4 . + ., a, 4' ,. . .. . t:, ri.vax3..,,. :, ,a x' is �' : x ' c y.., .:.,u. M ,�xn.at . , a•, a L� �t m RDOE MINUTES ATTACHED NOTICE THE BOARD OF COUNTY COMMISSIONERS WILL HOLD A SPECIAL MEETING AT 9 : 00 A . M . ft TUESDAY, JANUARY 30 , 2001 IN THECOUNTY COMMISSION CHAMBERS x, 184025TH STREET VERO BEACH , FLORIDA BACKUP REGARDING : PAGES • COUNTY REPRESENTATION AT THE FEBRUARY 6 , 2001 , MEETING OF THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA RE : PROPOSED LOST TREE VILLAGE SETTLEMENT AND AT THE JANUARY 31 , 20011 CABINET AIDES MEETING IN TALLAHASSEE . 1 - 54 • PROPOSED AGREEMENT WITH INDIAN RIVER COUNTY FAIR ASSOCIATION , INC . , RE : 2001 COUNTY FAIR . ( Deferred to 2 / 13 / 01 ) • NEXTEL SOUTH CORP . VS . INDIAN RIVER COUNTY. 55 - 56 • FEMA EMERGENCY DUNE RESTORATION BID AWARD = #3041 57 - 62 • PROFESSIONAL SERVICE AGREEMENT — ENVIRONMENTAL ASSESSMENT PREPARATION 63 - 88 Anyone who may wish to appeal any decision which may be made at this meeting , will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based . Anyone who needs a special accommodation for this meeting may contact the County' s Americans with Disabilities Act (ADA) Coordinator at 567 -8000 x1223 at least 48 hours in advance of meeting , Bi PG87 771 i E r � 4 a p 1 h . . ,; ti. -^., a : F `i .y .p.:i„{ 9{ r " .;,• h v 4i a ... " ' °ih « 6 r.y ,,,» . +'3 ,. ,� .+ , , ... - .: . -^, , ,, . , .. ' ; � x ?;.<� .. . z ,.=� ;: ;a7�;,. �r�'"�:€�.�. �rm• '#7~J"'t�� y-, ��s� t�a >M z �>*,�,."<'� ,,,,�*� :� „a�< � � , : � ; � €;^ � r _ '[aTt � "<ti :*e ,-. . :E prf P+d T., 'sdq. ; ..3„ b^ +ur.,,,y.3N 4.+. t x4 S�' x5a : ,• .,^'�'�:§x, .y . ,; i + m$= . ¢, s �. .„a`'a„�- • .Faa• t t' y➢ka 3 i a .0 A r'.,. r,,`.*2 '+ s , "^ t.�. ' "K. xn ; `tv :r;r tr,+ f ^ ' � � " � y� T <r ` � .M'..d` °'� '�$,1�-•$ Uk�' �;,,..? k" : h ;`:§:. 't � ke� p ., i^s "�Y .k. 'G- . d �r. ��r 'H r s � k^ i INDEX TO MINUTES OF SPECIAL MEETING OF BOARD OF COUNTY COMMISSIONERS JANUARY 30 , 2001 INVOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 1 - PLEDGE OF ALLEGIANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 1 - LOST TREE VILLAGE SETTLEMENT - CANCELLATION OF BOARD MEETING FOR FEBRUARY 6 , 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . INDIAN RIVER COUNTY FAIR ASSOCIATION , INC . AGREEMENT REGARDING 2001 COUNTY FAIR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 13 - NEXTEL SOUTH CORP . VS , INDIAN RIVER COUNTY - 13 - FEMA ( FEDERAL EMERGENCY MANAGEMENT ADMINISTRATION ) - EMERGENCY DUNE RESTORATION - BID # 3041 - RANGER CONSTRUCTION , INC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 15 - r ENVIRONMENTAL ASSESSMENT PREPARATION (BEACH PRESERVATION PLAN) - PROFESSIONAL SERVICE AGREEMENT - DIAL CORDY & ASSOCIATES . . . . . . . . . . . . . . - 17 - BK I 1 16 PG 8 7 4 17 -BKIi6PG874 JANUARY 30 , 2001 - 1 - vll ,., , .. • ,t3.. r x�"•+�''�v"t' :. .� ''�,''A.z� ,r 3r >R",m; 'h .,. .:� -0 r ' : s xH .-,n:.vx e .w^ ".'. 5 ✓" � '&. y ea;..a t > .�n'�.N H «^:. >"1P �`"' � €" i-:: . 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S.. rsk . . .. s s '- 1, ,ws h y z p , k— € *" s v . fir , i� #iz' .>v rz r'�' y e� b: .r .r... 1 r"d"e, . . n '..e�". £ '«`y:. w :. .. .... ✓ . ,..!: " t b :...,.. s' r� . xY , .x,., k. .,3' ♦ Yv.:` F ., a. t' a �'#,r�,` -,e .3+„c r vz` >9r ut r'vv a >: "� x„rs ts, n �,..r}. S§.. 'a ..g. } - , :� ! t „r.;. r rw rt } '� � rcg 14 : 5 . �. R r l4r„ 4{ix , ePv [ _ c a w .,y � � S ' � "*;. :s `'Yv e t •"aaz 'Xfi w.s , , .: � Y t � # #:.y.s-'"+ . „9;'=3 ''� F . ' a � . ,5 rFan ^a, �3. •r^ ,, �.�.. WV 'R. F. .. •3a9. {,¢ >t. , ',2^ 000000 .. IF I January 30 , 2001 SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Board of County Commissioners of Indian River County , Florida, met in Special Session at the County Commission Chambers , 1840 25 ” Street, Vero Beach , Florida , on Tuesday , January 30 , 2001 at 9 : 00 a . m . Present were Chairman Caroline D . Ginn ; Vice Chairman Ruth M . Stanbridge ; Fran B . Adams ; Kenneth R . Macht ; and John W . Tippin . Also present were County Administrator James E . Chandler - County Attorney Paul G . Bangel ; and Deputy Clerk Patricia "PJ " Jones . Chairman Ginn called the meeting to order . INVOCATION Commissioner John Tippin gave the Invocation . PLEDGE OF ALLEGIANCE Vice Chairman Ruth Stanbridge led the Pledge . LOST TREE VILLAGE SETTLEMENT - CANCELLATION OF NI REGULAR BOARD MEETING FOR FEBRUARY 6 , 2001 The Board reviewed a Memorandum of January 23 , 2001 and a letter of January 24 , 2001 , with attachments (FILED WITH THE BACKUP FOR TODAY ' S MEETING IN THE OFFICE OF THE CLERK TO THE BOARD ) : BN I ° G 875 JANUARY 30 , 2001 - 1 - ,Y { SXIN . Y IF IN 5 .. c .:A.. . ...�. �* ..`« s. .. 4 <.aw. . x ,s_. .» . , E '1 . . s ,ter:<.. v„k , ': a.` `:': .', ¢ ', + ?` ;i:. S sw x ♦ p .w ,w w£ t t ..s�,s. r, w... k, , d # � .>.r � . �,.. 7} 3- £y . e z.. r . a , , x ,z '_. s { K,. . .,; ' ,,..:.{ 7 > :w h ”: ,.:•. t , x ;,&. . ,r„r: 4 arw = } > ._cm3. F { ,.4 .. ' €.t ,�;s,r « n✓r, � l5"�i':: 'as: ''fxk '?r,�.:'{`k e' ., '� �� u' k�``� :s�'r' . t ;h f >t, x _:. . . . . 'y` . :,, . . . � €. S L i > � `� 9,. sb , r j { .` .r, ,. s'=i`3 V h.rc: 4 *rvl + N.4 .n�:. .,S y '1 .,. n r 3, bt;a � � 3 ✓ AE C �'. _. ,`!„5Y 2 k .X Y yfl ; N r ➢ t } 3+ "`-04 a 7'x gaK ':.r$', ' r '.,r `„S # r "s : ' ` s ) b S^ 7 t ✓ ? 3 a c+' $'fit r Wt - f"' z 't < �: t� a+ >•p a::- -• 'n-rr auF< 4 rx . F. .:" . /S.x` .� �x y��. g. . ..,t " . n, . . s ];. x . - . . �' � ,,. '�'k: �:`�'"�� ,^� � 5.s r .F ,.. � . . TO : Board of County Commissioners DATE . January 23 , 2001 SUBJECT : PROPOSED AGREEMENT — LOST TREE ISLANDS FROM : Commissioner Ruth Stanbridge J Listed below is the time schedule for the Trustee's meeting on February 6"` Secretary Struhs' s office or the Governors office may be of help in providing more information about any 'proposeagreement. As of today, i d t has not been decided whether this item will be placed on this agenda, but a decision will have to be made shortly. Tuesday rJanuary 231 or Wednesday (January 241: Decision by State Lands on placing Lost Tree Village 'Agreement' on the next Trustees agenda Friday. January 26. 2001 : Agenda available for February Trustee' s meeting Wednesday. January 31 , 2001 : Cabinet aides meeting — 9: 00 am — Open to the Public Tuesday. February 6. 2001 : Trustees of the Internal Improvement Fund [Governor and Cabinet} 9: 00 am — Open to the Public The information on this 'proposed agreement is sketchy at best. My understanding is 54 to 67 units on the 'inner islands' [difference in number depends upon sewer hookup] ; all disputed submerged lands quitclaimed to the State except area of bridge, utility lines to the ' inner islands' and a 25400t ring around the islands for single-family docks. McCullers Point would be deeded to the State with restoration resulting in mitigation credits. The `outer islands' would be restricted to Golf Course Only, but would have water line for irrigation and a 'ferry . When 1 asked for the benefits to the public. The answers were the fringe around the 'inner islands' , sewer hookup on properties on the mainland [barrier island] and McCullers Point , [very much a wetland]. I should think the legal actions used by LTV on the municipalities would also go away , but that was not discussed JANUARY 30 , 2001 - 2 - rf� {mo�iy' k14 L r5, s` t ' 4T :. 4*�.yC��Y y f t { �f IC ' .✓ 4. ; � X2 � J £ \ f a F i e, lee le h il lee4 elll lee 3 x 11 „ is , . + "id" q it s rn "!,^i' .s .s ' .z w.. } ,.w: f 5. _e{RYf ;* e .... ..,;; " ,a > - .,, Q . . 4r .:.e .:.rb'Y . ... , b� ,. v-:. ;. E . .. . ". �y3 t`e+ ': s A ..-� '»..: „i-r v .Y r .,:ti1 : 'h_ �+Y. i� b ..v.,i": A . :± €F' n. .. Sxe e,..r,. `t x . �?a.G r,.vs f:.� ... , ,. w . a . . . ..+ k . ,:g2 4 :: r t, c,.. . : . :: .. . . +. a , + .. YS,. + x . eller, .. ��. x.39 � ,. :°.n.:.q • ,t,^ §xn: �"� �' . v;.*.:'�fa�K �i'x�� a , .�; � �,�.0 . ; ,M�; .,�; r cam. . ^",� �? , ?� r �� r, ro za. , � � < ,, -:7+.,�s .� r �s,a .. ., , ��a ��✓�' .�a fak �, � �,. rs�'3,�i.� -�,�',_�"^ rx'� �s. , i' r° 11 BOARD OF COUNTY COMMISSIONERS Caroline D. Ginn Fran B. Adams Chainnan `VG District 1 District 5 4 Kenneth R. Macht Ruth M. Stanbridge * - * District 3 Vice Chairman District 2 2oR1op' John W. Tippin District 4 January 24 , 2001 The Honorable Jeb Bush Office of the Governor The Capitol Tallahassee , FL 32399-0001 Dear Governor Bush : The Indian River County Board of County Commissioners has learned of some disturbing details in the legal dispute over sovereign lands and the development of the river islands claimed by the Lost Tree Village ( LTV) Corporation . It is our understanding that a new "settlement agreement" has been proposed and may be scheduled before the Governor and Cabinet as early as February 6th . In a unanimous vote , the Board of County Commissioners is objecting to this settlement agreement, given the information available . It should be painfully obvious that the State of Florida must protect the sovereign lands , which belongs to all of the people . To cause an agreement to happen that would do irreversible harm and degrade the Indian River Lagoon would be unconscionable . The legal questions on the sovereign lands are very pertinent with long-range implications , and this matter should not be reduced to a political decision . We are also disappointed that any settlement agreement of this magnitude would even be considered without dialogue and input from the county government. Almost a year ago during the Legislative session , another settlement agreement was circulated . This was supported by the Department of Community Affairs (DCA) and allowed development on some of these river islands , with a commitment of "up to $ 14 million dollars" of Indian River County bond money. That settlement agreement was slated to be introduced by a Cabinet member without the county's knowledge or input . We, again , voted to object and remove the funding source , and that proposal was withdrawn . The specific details of this Department of Environmental Protectiori agreement are sketchy . Enough information has been forthcoming about the proposed residential development and dockage on three of the islands , and golf courses on the other three , to cause alarm about the dangerous and detrimental impacts to the Lagoon . This absurd proposal not only effects the fragile ecosystem of the Lagoon , but the surrounding landowners , the general public, and the ability of local , state , and federal government to protect the Lagoon . The Indian River Lagoon is extremely important to Indian River County and to the quality of life that has protected and sustained an economy that continues to grow, in both good times and bad . Our county , along with the other counties along the Lagoon , has diligently worked to restore , rejuvenate , and protect the natural resources of this remarkable river - a river that is called a National Treasure and an Estuary of International Importance . The citizens of Indian River County are purchasing hundreds of acres of wetlands , are successfully managing development through local regulations , and are launching comprehensive and very expensive stormwater management plans to drastically reduce the pollutant loading from the already existing developments and golf courses . To have a settlement agreement put forth , especially before the Governor and Cabinet, that would place residential development and golf courses directly in the middle of this estuary contradicts the policies of both the State and Federal agencies , and flies in the face of all local efforts . Recently, Indian River County became one of only five counties in the State , and the only one along the Indian River Lagoon , to have an approved Manatee Protection Plan . The impact of a single dock may be considered minor, but the cumulative impacts of a multitude of docks is documented and can constitute a disaster for manatees and surrounding seagrass beds . Most of the time single-family docks are under the threshold for regulations , so there would be no protection from the dockage of numerous powerboats and the guaranteed consequences . 1 1 Q Poe"' 877 JANUARY 30 , 2001 - 3 - �a ., . . „ e r• ,, _. s . . _ lee I , . . a Iffil n s ilFr y We hope that Indian River County will be afforded the courtesy of being included in any discussions or decisions being contemplated on these river islands . As Florida continues to grow and as the pressures of development continue to create havoc for Florida's natural resources , it is imperative that the Governor and Cabinet, sitting as the Trustees , continue to defend and protect the sovereign rights of the people . We believe the Fourth District Court of Appeal is ready to hear Case #4DOO-3405 , and we believe the case should be allowed to proceed through the courts . We urge you to reject any settlement that would compromise the integrity of the State's natural resources . If we can provide further information or answer any questions concerning this matter, please do not hesitate to call . Yours truly , Caroline D . Ginn ((// Chairman Chairman Ginn stated that Indian River County had to discover in a roundabout way that there was a settlement between the State and Lost Tree Village in the works . The County is not a party to this settlement and no dialogue or input from County government has been requested . The details are very sketchy at this point but backup material had been promised by Friday, January 26 , 2001 at 5 : 00 p . m . This backup was just received yesterday at 20 minutes to 4 : 00 . The Board has made an effort to get copies for the public . Also , yesterday the President of Lost Tree called and spoke with several commissioners and explained the settlement from their point of view . Chairman Ginn continued that , on January 23 , 2001 , the Board had approved a letter to the Trustees of the Internal Improvement Fund , telling them that the County is not in agreement with the facts and is very disappointed in the proposed settlement . Today the Board is asking permission to go to Tallahassee to appear at a staff meeting on January 31 and at a Cabinet meeting on February 6 , 2001 . There is little chance that the Board can get the settlement off the Cabinet ' s agenda, but they are certainly going to try . Therefore . the regular Board meeting for February 6 , 2001 is being cancelled . B X78 JANUARY 30 , 2001 -4 - e c 77, t Vice Chairman Stanbridge stated that she is ready to go and fight against this proposed settlement which is not in the best interests of the citizens of Indian River Countv or of the State of Florida . This would set a terrible precedent and no islands or sovereign lands would thereafter be safe . This is not something we want for our community or our county . MOTION WAS MADE by Commissioner Adams , SECONDED by Commissioner Stanbridge , that out - of- county travel be approved for the meetings of January 31 , 2001 and February 6 , 2001 . County Attorney Bangel suggested the inclusion in the motion of any commissioner who wishes to travel " . MOTION WAS AMENDED by Commissioner Adams , SECONDED by Commissioner Stanbridge , to include any commissioner who wishes to travel to either or both of the meetings . Commissioner Macht then requested the inclusion of staff at the Chairman ' s discretion . MOTION WAS AMENDED by Commissioner Adams , SECONDED by Commissioner Stanbridge , to include a staff representative at the Chairman ' s discretion . Ui1 t PG 879 JANUARY 30 , 2001 - 5 - 77 THE CHAIRMAN CALLED THE QUESTION and the Motion passed unanimously ( approved out- of- county travel for any commissioner and/or staff representative at the Chairman ' s discretion to attend the January 31 , 2001 Cabinet Aides Meeting and the February 6 , 2001 Meeting of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, both regarding the proposed Lost Tree Village Settlement) . Chairman Ginn then noted that this is not a public hearing but the Board would now take public comments if anyone wished to speak on this matter . The Chairman added that Steve Melchior from Lost Tree Village Corporation is present . She inquired whether Mr . Melchior would like to speak at this time and he declined . Lynne Larkin , 831 Camellia Lane , commended the Board for their action and thanked them for doing what she believed is right . Renee Renzi , 340 East Waverly Place , asked the Board to reject the proposal and read a letter from The Civic Association of Indian River County , Inc . to Secretary Struhs into the record as follows : �r JANUARY 30 , 2001 - 6 - Im I The Civic Association of Indian River County, Inc. P. O. Box 3381 • Vero Beach, FL 32964-3381 FOUNDED 1969 RECEIVED ° 1 T ' T N I T (ommiyfioners VIA FAX AND/OR E-MAILAdm nirlmmr JANL 6 2001 Allerney January 24, 2001 BOARD OF COUNTY Personnel COMMISSION PublicWorkf Community Div. • Ulilillif Secre Finonce tory David B. Struhs owe Florida Dept. of Environmental Protection Emerg. Sees :ifk w@I. Re: Lost Tree Village and City of Vero Beach Other Dear Secretary Struhs: On behalf of the leading membership of the Civic Association of Indian River County, Inc., you are urged to reject the proposed "settlement" currently under consideration. You are urged to allow the legal process run its course and let the courts decide the issues. If a settlement is to be considered, it must be one that does not allow the construction of utility lines across submerged sovereign lands for the benefit of a few at the expense of the many. Sincerely, FO ^ OF THE QVm ASSOCIATION Robert Tenbus President /lp cc: Governor Jeb Bush Honorable Bob Butterworth Honorable Frank Brogan Mayor Bowden, City of Vero Beach County Commission of Indian River County "Dedicated to Preserving. Fostering, and Promoting the Beauty, Natural Resources and Good Government of Indian River County, Florida, and all its Municipalities " 8 16 FG 881 JANUARY 30 , 2001 _ � _ Frank Wegel , Vice President of Friends of the St . Sebastian River, stated they are opposed to the settlement as proposed and urged the Board to unanimously reject the offer . Bruce MacIntyre , 701 Shore Drive , stated that ; from a very selfish standpoint , he would hate to see these pristine islands destroyed . That would truly be a crime and navigation would be severely limited . This is a beautiful area for birds and the proposed bridges will close the islands to everyone but the new residents . The Pebble Bay Subdivision will have its real estates values severely affected as it will no longer be possible to bring decent sized boats into that area . Tom Nason , 735 Bahia Mar Road , noted that anytime local government makes any changes they are required to notify all the residents in the area . Just because these officials are located in Tallahassee does not mean that they should not abide by similar rules . He felt this was a very underhanded way of doing business and did not speak well of the Department of Community Affairs (DCA) and others . This development would certainly add to the pollution in the area . Jens Tripson , 2525 14 `h Street , President of the Pelican Island Audubon Society , felt this is a bad proposal that benefits nobody but the developer . In regard to further dredging of the channel , the water being deeper would not affect boating as much as the height of the bridges . There are at least 25 boats in Pebble Bay that would not be able to get out under these bridges . The bridges would severely affect the traditional use of the waterways and the environmental impact is totally unacceptable . He asked that the appeals process be allowed to continue , letting the Court decide the outcome . Biu8 2 JANUARY 30 , 2001 - 8 - 3i k Claude " Bud " Kleckner , 7720 Indian Oaks Drive , also a member of the Audubon Society and Republicans for Environmental Protection , felt this development would violate every environmental rule on the river . Mr . Kleckner then read from an e - mail he had sent to the Governor : >The Honorable Jeb Bush , Governor >Office of the Governor >The Capitol >Tallahassee, FL 32399-0001 >Dear Governor Bush: > l , Claude C. Kleckner, am a citizen of Indian River County and a member of > REP (Republicans for Environmental Protection) . > I have heard that David Struhs, Secretary of the Department of >Environmental Protection , will be submitting a proposal to your Cabinet, >sitting as the trustees of the Internal Improvement Trust Fund, on Feb.6. >This proposal was prepared by his Division of State Lands for the >settlement of the Lost Tree Village Sovereign Lands case . >As you know, the appeal of the Circuit Court's decision on the sovereign >lands issue has been briefed and is currently waiting for a decision by >the District Court of appeals. I understand that the District Court of >appeals will be able to rule very soon on this Issue. > I recommend that the issue be rejected during the Cabinet Aides meeting on >January 31st and that the matter not be considered >during your Cabinet Meeting so as not to prejudice the Court's ruling . >Thank you for your consideration of this extremely important issue. >As stated by Indian River County Commission Chairman, Caroline Ginn: "If >the state concedes the legal fight, it could set a bad precedent for other >coastal communities seeking to protect environmentally sensitive land and >waters. We need to let the court proceedings go through so we find out >once and for all who owns that bottom land. " >Sincerety, >Claude C. Kleckner >7720 Indian Oaks Drive, Apt. 1-203 >Vero Beach, FL 32966 8 lit) FG R83 JANUARY 30 , 2001 - 9 - Bob Volkert, 4551 Pebble Bay South , a new resident of Indian River Shores , noted that he would be directly impacted by this development and would not be able to navigate under the proposed bridge . He bought his property because of its location and because of the navigability of the waterway . He has also served on an environmental council and has previously fought development which would allow nutrients to run into the watershed and destroy fish habitat . If we don ' t protect the river, we are just signing away our environment with our ability to have fish , game , and birds . He urged all the citizens to e - mail , write or telephone and , if possible, to travel to Tallahassee to let the State know how the citizens feel and that they can really make a difference and turn things around . Tom Trolle , 4903 Sunset Drive , suggested that the Board contact Jim Egan of the Marine Resources Council who has extensive experience regarding islands affected by development . There are over 800 islands in the State which would be negatively affected by the settlement with Lost Tree . Beverley Lavin , Harbor Island Club , a new resident in Indian River Shores at Harbor Island Club , commented that the new development would be right in front of her . She emphasized that it is much easier to stop the development than to repair the damage when it is already done . Dr. David Cox , 9495 Periwinkle Drive, thanked the Board for listening and felt that 99 % of the citizens support the Board ' s position . He urged the Board to find a strategy for the future to prevent this from ever happening again . Bye } 8 8 4 JANUARY 30 , 2001 - 10 - Frank Coffey , 1335 River Ridge , hoped that everyone would do everything possible to prevent this development . Chairman Ginn recognized Mayor Bowden from the City of Vero Beach and Mayor McKenna from the Town of Indian River Shores in the audience . Susan Stowe of Harbor Island Club stated that she would do as much as possible to support the Board . Commissioner Stanbridge commented that staff has a list containing the names of the specific aides to contact , with addresses , e - mail addresses and telephone numbers . Kathy Wegel , 8060 142 °d Street, Sebastian , expressed her environmental concerns for the Lagoon which is an estuary of national significance and felt it is totally counterproductive to put a development in the middle of the Lagoon . Indian River Shores Town Mayor Barbara Holmen -McKenna , 277 Island Creek Drive, noted that she is speaking as a citizen , not as Mayor . She believed that the County had lost the opportunity to buy the islands 2 years ago and felt that purchase should have been pursued until an agreement was reached . She noted that the people had voted in the $ 26 , 000 , 000 bond issue in 1992 and believed that the islands in the river were a prime component of that issue . She felt that Lost Tree had been willing to sell those islands for a decent figure at that time and that the Land Acquisition Advisory Committee (LAAC ) had now put those islands so far down on their list that they will never come up again . Also , she believed that the price of the islands would now be far out of reach . Nobody wants this settlement but the Town of Indian River Shores has a lawsuit outstanding . When the Town B 1 1 1 0' JP 8 8 5 JANUARY 30 , 2001 - 11 - was sued over its Comprehensive Plan , an agreement was reached with Lost Tree for 57 homesites . The only solution she could see at this time was for the County to condemn the land . Lost Tree is agreeing to put 300 acres in conservation and to connect 49 single - family homes to the sewer system . The islands could be developed for more than 57 units pursuant to the existing zoning . Also , the lawsuits against the City of Vero Beach and the Town of Indian River Shores would be dismissed . The Town has spent a lot of money on attorney fees and has had to raise its millage for the first time in 8 years . They have a lot of residents on fixed incomes who could not afford the raises in their taxes . She felt that Mr . Macht ( as Chairman of LAAC ) had lost the previous deal for the County . She is leaving office in March and is heartbroken that this mess has not been cleared up . Charles Belmont, 1001 Bay Road , a 20 -year resident , sympathized with the Mayor and wondered why Lost Tree needs another golf course as they already own 3 18 - hole golf courses . Commissioner Stanbridge stated that Eva Armstrong , Director of the Division of State Lands , telephoned to say that Secretary Struhs would like to talk to each commissioner . The State is still paying attention to the County and was very impressed that County business had been interrupted for this matter, but the Board does need to go to Tallahassee as the matter is still on the agenda . Chairman Ginn encouraged as many of the County ' s citizens as can to write or e - mail Tallahassee and show their support for the County ' s position . B 08 JANUARY 30 , 2001 - 12 - Commissioner Macht , responding to the attack on LAAC ' s actions , stated that in 1989 Lost Tree wanted to develop the islands up to 3 units per acre . He was with the City of Vero Beach at that time and immediately met with the City Manager and the City Attorney to draft an ordinance as a safety net to limit the development to one unit per 2 acres , not allowing the use of fill dirt , and allowing no plantings without permission . Their next step was to draft a bridge ordinance . Those islands would now be developed and we would not even be talking about this proposed development without the prohibitive actions taken by the City . The LAAO was forbidden by law and procedural regulations from purchasing those islands for more than 10 % above the appraised value . He has spent 12 years of his life trying to prevent development of those islands . INDIAN RIVER COUNTY FAIR ASSOCIATION INC . AGREEMENT REGARDING 2001 COUNTY FAIR CONSENSUS was reached to defer the item until the February 13 , 2001 meeting . NEXTEL SOUTH CORP . VS . INDIAN RIVER COUNTY The Board reviewed a Memorandum of January 29 , 2001 and a proposed letter of January 30 , 2001 : Paul G . Bmgel. Count %- Attorney ' Board Certified, City, County & Local Go.'r - nmer. _ . au tllum G . Collin.+ II, Deputy CounTY Attorney " January 29 , 2001 MEMORANDUM To : Board of County Commissioners From : Paul G . Bangel , County Attorney +. 2 S Re : Nextel South Corp. v. Indian River County, Case No . 01 - 14005Civ- Paine , United States District Court , Southern District of Florida BK i 16 ►PG 8 8 7 JANUARY 30 , 2001 - 13 - -u Recommendation : It is recommended that the Board of County Commissioners approve the attached letter or one substantially similar thereto , and authorize the chairman to execute and dispatch same . Discussion : The County' s outside counsel for the above- referenced case recommends that the Board of County Commissioners issue the attached letter containing reasons for denial of administrative permit use and site plan approval for a telecommunications tower. BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960-3365 Telephone: (561 ( 567- 8000 7� "e�p•�s� G" January 30 , 2001 �lORiOp' Alan L . Gabriel , Esq . Law Offices of Alan L . Gabriel 2455 E . Sunrise Blvd . , PH- E Ft . Lauderdale , FL 33304 Re : Nextel South Corp. d/b/a Nextel Communications Application to Construct Commercial Communications Tower on the West End of the Immanuel Baptist Church Located at 455 S . W . 58 `h Avenue Nextel Monopole Telecommunications Tower Appeal AA -00- 11 - 147/2000080160-24614 Dear Mr. Gabriel : This letter will serve to confirm that the above-described application has been denied pursuant to the Board of County Commissioners ' decision to uphold the above-referenced appeal and overturn the decision of the Planning and Zoning Board. Indian River County Ordinances attempt to "reasonably accommodate telecommunication needs in a non -discriminatory and competitive neutral manner while ensuring safety, appropriate locations of communications towers and antennas, avoiding an unnecessary proliferation of new tower sites and minimizing negative aesthetic impacts of communications towers and antennas The undisputed evidence at the December 12 , 2000 public hearing before the Board of County Commissioners established that Nextel already has a good quality signal and is providing personal wireless services within the area which would be affected by the proposed antenna tower. Indeed , it 1s undisputed that Nextel seeks to construct the above-described antenna tower for the purpose of "off loading traffic " based on the volume of projected cellular phone use m the area . Bit u _ JANUARY 30 , 2001 - 14 - The Board of County Commissioners has determined that the adverse visual impacts and proliferation of a new tower site associated with the proposed commercial communications lo "Fer outweigh the benefits associated with the construction of the antenna tower at this time . Moreover, Nextel has failed to show that the projected need to off load capacity in the area could not be effectively accomplished by Nextel ' s location of a communications antenna on an existing tower site, particularly the water tower site located on College Lane . Sincerely, BOARD OF COUNTY COMMISSIONERS Caroline D . Ginn Chairman ON MOTION by Commissioner Macht , SECONDED by Commissioner Stanbridge , the Board unanimously approved the letter containing reasons for denial of administrative permit use and site plan approval for a telecommunications tower to Alan L . Gabriel , Esq . , as recommended by staff. COPY OF LETTER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD FEMA (FEDERAL EMERGENCY MANAGEMENT ADMINISTRATION ) - EMERGENCY DUNE RESTORATION - BID #3041 - RANGER CONSTRUCTION , INC The Board reviewed a Memorandum of January 24 , 2001 : i1PG889 JANUARY 30 , 2001 - 15 - TO : James Chandler County Administrator THROUGH : James W . Davis , P . E . Public Works Direct THROUGH : Jeffrey R . Tabar , P . \ / Coastal Engineer J FROM : Jonathan C . Gorham , Ph . D .// Environmental Analyst 0\ / , SUBJECT : AWARD OF BID # 3041 - Ranger Construction Industries . FEMA Emergency Dune Restoration Project DATE : January 24 , 2001 DESCRIPTION AND CONDITIONS Following the passages of hurricanes Floyd and Irene in 1999 , Indian River County qualified for funds from the Federal Emergency Management Administration ( FEMA ) to rebuild storm- damaged dunes in certain portions of the county shoreline . The County qualified for $ 991 , 069 from FEMA for this purpose . A Request for bids was issued in December 2000 to transport sand from upland sources and place it in such a manner as to construct a 20 foot wide extension of the dune feature in eight selected areas countywide . Bids were received on January 11 , 2001 as follows : . Vendor Lucas Marine Construction , Hobe Sound Total Bid $ 11051 , 611 . 80 Subaqueous Services , Inc . , Ft . Lauderdale $ 948 , 069 . 00 Dickerson Florida , Inc . , Stuart $ 868 , 851 . 34 Ranger Construction Industries , Ft , Pierce $ 833 , 685 . 00 Henry Fischer & Sons , Inc . , Sebastian $ 1 , 0181555 . 00 Budget $ 991 , 069 . 00 RECOMMENDATIONS AND FUNDING Staff recommends the bid be awarded to Ranger Construction Industries . Funding is from the Beach Restoration Fund 128 - 144 - 572 , with reimbursement from FEMA under Disaster Relief funding Agreement No . 00 - RM- XX - 10 - 40 - 01 - 004 . Cost obligations are as follows : 75 % Federal ( $ 743 , 301 . 75 ) , 12 . 5 °% State ( $ 123 , 883 . 63 ) , and 12 . 5 % Local ( $ 123 , 883 . 63 ) . f Ell 8 9 JANUARY 30 , 2001 - 16 - ON MOTION by Commissioner Adams . SECONDED by Commissioner Stanbridge , the Board unanimously awarded Bid # 3041 to Ranger Construction Industries , as recommended by staff. DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD ENVIRONMENTAL ASSESSMENT PREPARATION (BEACH PRESERVATION PLAN ) - PROFESSIONAL SERVICE AGREEMENT - DIAL CORDY & ASSOCIATES The Board reviewed a Memorandum of January 22 , 2001 : TO : James E . Chandler , County Administrator 1 THROUGH : James W . Davis , P . E . , Public Works Director FROM : Jeffrey R . Tabar , P . Coastal Engineer SUBJECT : Professional Service Agreement with Dial Cordy and Associates , Inc . for Environmental Assessment Preparation DATE : January 22 , 2001 DESCRIPTION AND CONDITIONS At the January 2 , 2001 Board of County Commissioners regular meeting , the Board authorized staff to begin contract negotiations for professional services to complete an Environmental Assessment ( EA ) . Per review comments received from the Federal Government ( ACOS ) an EA is needed to meet the requirements set forth in the National Environmental Policy Act ( NEPA ) . JANUARY 30 , 2001 - 17 - . . . � .. _. . .x . . ,� :gF , 4ti , 777F , The EA will be used to support the coastal improvements outlined in the Indian River County Beach Preservation Plan ( BPP ) . Attached is an agreement with Dial Cordy and Associates , Inc . , Jacksonville , FL . , for professional services to complete the Environmental Assessment , ALTERNATIVES AND ANALYSIS Staff has been working closely with Dial Cordy and Associates , Inc . to prepare an agreement that will provide the highest level of service for the project . The attached scope of services and tasks include all work necessary to complete the EA . The project is funded through a joint agreement ( DEP Contract No . 98IR1 ) between the County and State of Florida . The Agreement is based on a 50 % County 50 % State contribution . The proposed fee by Dial Cordy and Associates , Inc . totals $ 164 , 098 , which is under the estimated budget for the program . Alternative No . 1 Approve the attached agreement to complete the Environmental Assessment . County Contribution $ 82 , 049 State Contribution $ 82 , 099 Total $ 164 , 098 Alternative No . 2 Deny the professional service agreement and re - negotiate the contract . RECOMEMATIONS AND FUNDING Staff recommends Alternative No . 1 whereby the professional services agreement with Dial Cordy and Associates , Inc . is approved . The professional services fee totals $ 164 , 098 , with County obligation of $ 82 , 049 and State obligation of $ 82 , 049 . Funding to be from the Beach Restoration Fund , ON MOTION by Commissioner Adams , SECONDED by Commissioner Stanbridge , the Board unanimously approved Alternative No . 1 for $ 164 , 098 , Professional Services Agreement with Dial Cordy and Associates , Inc . , as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD JANUARY 30 , 2001 - 18 - There 1e • no further business , on • • duly made , seconded • 1 carried , Meeting adjourned • 1 J , K . B Clerk Caroline D . Ginn , Chairma Minutes Approved : BK 1 16 pr 893 JANUARY 30 , 2001 1