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Home My WebLink About02/01/2005 (2) ., a a d=c v . .. `xa rtiri . . a s +� ,a a#:: ... - . .,-. . . . .�.. , r . . .. { : , . -. ,,. 3s + ,. <... . :^+, ,. +, . -.-... ?: x, :✓. ai r. ._ „v,<cs' .-' � , ...; rv ,. # .. < ,r .. . . . T...,. , J'Y . . Fi'"^ d �. ♦ . Q. ... ) .:. -x: fi x .3 'k - .:e., Y d � `1 �$r . 3� ..� K ; . . , w , ....�. . hh � .r�a-., z. . 4'. ,..,..r , _ . 1 .t .... -. .:,;:+ � m ,,. � ,:: _ :: r , !w f..nY x .. ,, n , .a „. . «✓. 7 ?6Y. - St.i``r � ' ,. , . ... +.. mr: . , , X" .::€�,.£'} ,k"a :as„yT+±°*` t -a v x:.; r'e 4 ,{d ..,., .1. >; x .a d , .�r. , ., . , . . ., , ,. .,„r t ,r a y, . . , , } .: ' t '3. r •' �' c, l , T>,,s t Y�S� i, 5 _ ,x. z, r .>t,r <: ..,•� -. .?,7,,, ,as=..v,�= ,_� H G, Y �a r},sk`<�-+ �.; + t4* ': �k M Rt�`r,. <�kq § '�� 3 t«��3��„ �' 1 r G^ y �' x Y m MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS x; INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, FEBRUARY 1 , 2005 - 9 : 00 A. M . '+. County Commission Chamber County Administration Building 184025th Street. Vero Beach , Florida, 32960-3365 WWW*IRCGOV. COM COUNTY COMMISSIONERS Thomas S . Lowther, Chairman District 4 Joseph A. Baird, County Administrator Arthur R. Neuberger, Vice Chairman District 2 William G. Collins II, County Attorney Sandra L . Bowden District 5 Kimberly Massung, Executive Aide to BCC Wesley S . Davis District 1 Jeffrey K. Barton , Clerk to the Board Gary C . Wheeler District 3 BACKUP L CALL TO ORDER 9 : 00 A. M. PAGES 2 . INVOCATION Pastor Ray Scent, Gathering of Devoted Servants 3 . PLEDGE OF ALLEGIANCE Commissioner Thomas S . Lowther, Chairman 4 . ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS ADDITIONS : 9 . B . 4 . Michelle Kiesel Regarding Primary Care/Public Health Advisory Committee 12 . A . Resolution Requesting Federal Disaster Relief for Hurricanes Frances and Jeanne FEMA) DELETION : ' " 9 . B . 2 . Requested by Debora Stamper 5 . PROCLAMATIONS and PRESENTATIONS A. Proclamation Designating February 6, 2005 , as Four Chaplains Memorial Day 1 February 1 , 2005 Page 1 of 9 t S Yi ti, 3 <F{ rx n �" r {'r klse>ur x rerGgti x, h .der z z a s � :t47 ," t' aie; a - .. ^# s ..:A, ,+. . �:d' . , :s. . . 4 n: � fa a -z.. ax .. s r �Y . k` �+' .,. ,.:.,. r. x - , ; ;,, ., . , : . s.: . , :x � . 5 , a � =zi:,-•.. i k J *o ,.c r,,,} �, 3y r , ,�: y.�. . . �;. +� . , . �' k"�; 4 . ,s .� q,�i , , c.�.. '� 3 ,. .^:�::+ a„3 . . �-� :•a. � "> ,'�b p , ;, t v ., �� , ,, s r , :; +xr c �:�` � ° , v� ., � `�" �,. ;+s n '� F� , ;,.,Y� � r x. �:• .e �:�.. t rY , s CA . F ' 6 • APPROVAL OF MINUTES BACKUP PAGES An Regular Meeting of December 7 , 2004 Be Regular Meeting of December 14 , 2004 7. CONSENT AGENDA As Report placed on file in the Office of the Clerk to the Board : St . Johns Water Control District — Notice of Regular Quarterly Meeting Be Report placed on file in the Office of the Clerk to the Board : V, Report of Convictions of December 2004 Co Report placed on file in the Office of the Clerk to the Board : Indian River Farms Water Control District Audit Report for year- end September 30, 2004 D . Approval of Warrants (memorandum dated January 13 , 2005 ) 2 - 9 E . Approval of Warrants (memorandum dated January 20 , 2005 ) 10- 16 Fe 2005 Election of Code Enforcement Board Chairman and Vice Chairman (memorandum dated January 26 , 2005 ) 17 G. 2005 Election of Public Library Advisory Board (PLAB) Chairman and Vice Chairman (memorandum dated January 14, 2005 ) 18 He 2005 Election of Beach and Shore Preservation Advisory Committee Chairman and Vice Chairman (memorandum dated January 17 , 2005 ) 19 I. 2005 Election of Council of Public Officials (COPO) Chairman and Vice Chairman (memorandum dated January 19 , 2005 ) 20 J. 2005 Election of Planning & Zoning Commission Chairman and Vice Chairman (memorandum dated January 17 , 2005 ) 21 February 1 , 2005 Page 2 of 9 t r ,777k t ,: : £; e y". s .r 2 < s 3<G;' Vii`+,� `i„'+ , .afi >s vty °.{4✓4x Y ,-. mak 4v c5 .'+ '.+itr wa ? ay. 't , ,l, e,:,N.. < ' 1 a' t ,' ..s nr, *`,. 2. p.1 xv ; �!4r 4 < yLS ( jy 1' �r%✓:. w'f Fa . .fi:. ae � Y :9 -:�� , } s f�;+",e�� h r �K d .,ir :?�` '&'fi £� � i a ,�i yc-"�� r � '3' '� $ e ..` ,.A '� ,i :5 r .` i :;. �i ,: k � +i �: a .. ✓ y b # vl e : :3 t f _ v a 4 a az i p 'x s s # xx 3 '•.Wa . S'_ rs: � af ' .+ � X r mir � a i �•', ^45 Jxl+4'3 tra A r . f t sIf, IfIf fc ' -:t'a , �,g., tv s.' ' ss ' S, af..+ w r , r g z } R • #.;. .dx .t '"mak: V 7 :r'%` "W. 4 w ar d .Ar n ,y. egg If �]ys Y Y $ n'k � 9' '& A �y, " � 3 a2r�.` 3v'.11 .v 4.x «, w' i1X ' . !FR oSm . " u., pr .�, .�?„ ns ....,�. ' 5 ,s'�. i4 `3#."s�, . >. 't. r.`.: ee. ,t7"� °€�`'iv3� � . � E� i 7. CONSENT AGENDA (CONT ' D .) BACKUPPAGES K. Treasure Coast Regional Planning Council (TCRPC) Comprehensive Economic Development Strategy Committee (CEDSC) Appointment — District 1 (memorandum dated January 26 , 2005 ) 22 -23 L . Appointment to the Public Library Advisory Board (PLAB) (memorandum dated January 17 , 2005 ) 24-28 M. Out of County Travel for Commissioners to Attend Legislative Day — March 30 , 2005 (memorandum dated January 21 , 2005 ) 29 - 33 N. The Oaks of Vero — P . D . , Phase 1 Contract for Construction of Required Sidewalk Improvements (memorandum dated January 17 , 2005 ) 34-44 O . Grand Oak Estates Subdivision — Second Modification to Contract for Construction of Required Improvements (memorandum dated January 14, 2005 ) 45 - 55 P. Authorization to Sue Preferred Governmental Claim Solutions for Breach of Contract (memorandum dated January 25 , 2005 ) 56 - 57 Q . JDC Florida Inc . ' s Request for Final Plat Approval for a Subdivision to be Known as Bridgepointe Subdivision (memorandum dated January 18 , 2005 ) 58 - 65 R. Consideration of Consultant Contract for Home Again Application and Administration Services (memorandum dated January 19 , 2005 ) 66 - 106 S . SAFECO Life Insurance Company — Excess Loss Insurance Policy (memorandum dated January 26 , 2005 ) 107 - 143 T . Approval of Renewal for a Class "E" Certificate of Public Convenience and Necessity For We Care of the Treasure Coast Inc . , to Provide Wheelchair / Stretcher Services (memorandum dated January 12 , 2005 ) 144- 156 U. Right-of-Way Acquisition 69th Street (North Winter Beach Road) — West of 66th Avenue Equus S/D GLO Development, L . L . C . (memorandum dated January 13 , 2005 ) 157 - 165 February 1 , 2005 Page 3 of 9 fir def d "< c� 4 rr If VI > if ofl _ ams �sfl utiIf IVY il I if s'^ . s x + s t {1 MILL',L', .-c _ . ,u,t , . � ; . . _ ,. . . . . F y } y It d q • 'sFpn is +x e A' .t n F F^ � t „ F m r , t *. . 7. CONSENT AGENDA (CONT ' D . ) BACKUP PAGES V. Atlantic Coast Construction & Development Corporation ' s Request for Final Plat Approval for a Subdivision to be Known as Tropical Isle (memorandum dated January 17 , 2005 ) 166- 170 W. Miscellaneous Budget Amendment 005 (memorandum dated January 26 , 2005) 171 - 185 X. Highland Drive Storm Sewer Replacement at IRFWCD B- 10 Canal Indian River County Project No , 0447 Release of Retainage (memorandum dated January 24 , 2005 ) 186 - 190 Y. Ecological Associates Inc . Contract Amendment No . 2 (memorandum dated January 14 , 2005 ) 191 - 197 Z. Approval of Bid Award for IRC Bid # 7027 (Annual Bid for Polymer) Utilities Department (memorandum dated January 26 , 2005) 198 -206 AA. 2005 Election of Land Acquisition Advisory Committee (LAAC) Chairman and Vice Chairman (memorandum dated January 26 , 2005 ) 207 BB . Approval of Bid Award and Sample Agreement for IRC Bid # 7040 77th Street Force Main Extension to North County WWTF Utilities Department (memorandum dated January 25 , 2005 ) 208 -224 8 . CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9 . PUBLIC ITEMS A. PUBLIC HEARINGS 1 . Request for Authorization to Submit an FY 2004/05 Grant Application for 49 USC CH . 53 , Section 5307 Mass Transit Capital and Operating Assistance (memorandum dated January 24 , 2005 ) 225 - 240 Legislative 2 . Consideration of an Ordinance Amending Single -Family Lot Tree Protection Requirements (memorandum dated January 25 , 2005 ) 241 -247 Legislative 7 . ; February 1 , 2005 Page 4 of 9 I 9 . PUBLIC ITEMS (CONT ' D .) BACKUP PAGES Be PUBLIC DISCUSSION ITEMS 1 . Request to Speak from Jim Granse Regarding Publishing the Commission Agenda in the Vero Beach Press Journal (letter dated January 19 , 2005 ) 248 2 . Request to Speak from Debora Stamper Regarding Hurricane Relief (letter dated January 19 , 2005 ) 249 3 . Request to Speak from John T . Williams Regarding Protective Referendum Requirements for the Urban Service Line , Impact Fees , and the need for a Moratorium on agricultural-to-residential rezonings (e-mail dated January 22 , 2005 ) 250 C . PUBLIC NOTICE ITEMS L Notice of Scheduled Public Hearings for Upcoming Board Meeting (memorandum dated January 24, 2005 ) 251 February 15, 2005 Meeting . a. Maverick Group LLC ' s Request to rezone approximately 18 . 54 acres located at the northeast corner of 58th Avenue and 81h Street from A- 1 , Agricultural District (up to 1 unit/5 acres) , to RS - 3 , Single-Family Residential District (up to 3 units/acre) . Maverick Group LLC , Owner. Mosby, Moia, Bowles and Associates , Inc . , Agent . Quasi-Judicial b . Bluewater Bay PD : Request for planned development (PD) special exception use approval for 379 single- family homes located on the north side of 85th Street/CR510 and west of 86th Avenue . Within the "CR510 Joint Planning Area" at the CR510 "bend" . Legislative c • Proposed LDR Amendment : Consideration of land development regulation (LDR) amendment for roadway landscape buffers for multi -family site plan projects . Legislative February 1 , 2005 Page 5 of 9 see 10 . COUNTY ADMINISTRATOR' S MATTERS BACKUP PAGES A. Review of Committees (memorandum dated January 25 , 2005 ) 252 Be Additional Staff for Roads (memorandum dated January 25 , 2005 ) 253 11 . DEPARTMENTAL MATTERS A• Community Development 1 . Discussion of Small Lot Subdivision Regulations (memorandum dated January 18 , 2005) 254-271 Be Emereency Services None Co General Services 1 . Replacement of Custodial Service County Administration (memorandum dated January 25 , 2005 ) 272 -278 D , Human Resources None E , Human Services None F, Leisure Services None G, Office of Management and Budget None H, Recreation None LO February 1 , 2005 Page 6 of 9 UP 11 . DEPARTMENTAL MATTERS (CONT ' .D) PAC BACKUP ES I. Public Works 10 Right-of-Way Acquisition, 45th Street Bridgepointe Townhouse Development JDC Florida, Inc . , owner (memorandum dated January 13 , 2005 ) 279 -286 2 . Amendment No . 1 to the Professional Engineering/Land Surveying Services for the 5th St SW Bridge Over Lateral " C " Canal, 43rd Avenue Bridge Over South Relief Canal and Old Dixie Highway Bridge over South Relief Canal (memorandum dated January 24 , 2005 ) 287 - 289 3 . Professional Engineering Services Agreement for Pelican Island Wildlife Refuge Tidal Marsh Phase 1 -B IRC Project No . 0424 (memorandum dated January 24, 2005 ) 290- 304 J, Utilities Services 1 , Tarmac America — Developer ' s Agreement for Construction of Off- Site Master Planned Water Main and Reimbursement by County to Developer (memorandum dated January 21 , 2005 ) 305 - 316 2 . Orange Heights Water Service Area Indian River County Project No . UCP — 2563 (memorandum dated January 5 , 2005 ) 317- 333 3 . West Regional Wastewater Treatment Facility (WWTF) FDEP Resolution Agreement (memorandum dated January 3 , 2005 ) 334- 349 12 . COUNTY ATTORNEY None 13 . COMMISSIONERS ITEMS A, Commissioner Thomas S . Lowther, Chairman 1 . Meetings with Municipalities Be Commissioner Arthur R. Neuberger, Vice Chairman None February 1 , 2005 Page 7 of 9 13 COMMISSIONER' S ITEMS (CONT ' D .) BACKUP PAGES C , Commissioner Sandra L . Bowden None D . Commissioner Wesley S . Davis None E , Commissioner Gary C . Wheeler None 14. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None Be Solid Waste Disposal District None C , Environmental Control Board 1 . Approval of Minutes Regular Meeting of November 2 , 2004 2 . Attached Quarterly Report for Board of County Commissioners (memorandum dated January 18 , 2005) 350 - 353 15. ADJOURNMENT 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 ( 772) 226 - 1223 at least 48 hours in advance of meeting. 01 i1ce, , - 4 February 1 , 2005 Page 8 of 9 The full agenda is available on line at the Indian River County Website at www . ircgov. com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, the IRC Courthouse Law Library, and the North County Library. Commission Meeting may be broadcast live by Comcast Cable Channel 13 in Vero Beach and Channel 27 in Sebastian Rebroadcasts continuously beginning Thursday at 1 . 00 p. m. through Friday morning. Rebroadcasts continuously starting again on Saturday at 12: 00 noon to 5: 00 . m. February 1 , 2005 Page 9 of 9 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF FEBRUARY 1 , 2005 1 . CALL TO ORDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 1 2 . INVOCATION . . . . 000 00006000000000 0000000000 see 866609068 066066000909606eeo NVOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 -; 3 . PLEDGE OF ALLEGIANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 . ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5 . PROCLAMATION DESIGNATING FEBRUARY 6 , 2005 AS FOUR CHAPLAINS MEMORIAL . . . . . . . . . 6044904 * 66 * so 00 * 60 000000066 0000000 0 * * * Soso 0 * 60000 * 2 6 .A. APPROVAL OF MINUTES — DECEMBER 7 , 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 .B . APPROVAL OF MINUTES — DECEMBER 14 , 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 . CONSENT AGENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7.A. REPORT - ST JOHNS WATER CONTROL DISTRICT - NOTICE OF REGULAR QUARTERL Y MEETING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7. 8. REPORT OF CONVICTIONS OFDECEMBER 2004 . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 February 1 , 2005 1 7. C. INDIAN RIVER FARMS WATER CONTROL DISTRICTAUDITREPORT FOR FISCAL YEAR—END SETEMBER 30, 2004. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7. D. APPROVAL OF WARRANTS — JANUARY 743, 2005. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7. E. APPROVAL OF WARRANTS — JANUARYI3-20, 2005. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7. F. 2005 ELECTION OF CODE ENFORCEMENT BOARD — CHAIRMAN JOE PETR ULAK AND VICE CHAIRMAN JOE GARONE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7. Go 2005 ELECTION OF PUBLIC LIBRARYADVISORY BOARD (PLAB) — CHAIRMAN MILT THOMASAND VICE CHAIRMANDONNA GREEN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7.II. 2005 ELECTION OF BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE CHAIRMANBILL GLYNNAND VICE CHAIRMAN TOM WHITE . . . . . . . . . . . . . . . 5 7.7. 2005 ELECTION OF COUNCIL OF PUBLIC OFFICIALS (COPD) CHAIRMAN TOM WHITEAND VICECHAIRMANJOEL TYSON. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7. J. 2005 ELECTION OF PLANNING & ZONING COMMISSION CHAIRMAN DONNA KEYSAND VICE CHAIRMAN GEORGEHAMNER . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7. K APPOINTMENT OF BETH MITCHELL TO COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE (CEDSC) OF TREASURE COAST REGIONAL PLANNING COUNCIL (TCRPC) BY COMMISSIONER DA VIS . . . . . . . . . . . . . . . . . . . . . 5 7.L. AT—LARGE APPOINTMENT TO THE PUBLIC LIBRARYADVISORYBOARD (PLAB) — NANCY IOHNSON. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7.M. OUT—OF—COUNTY TRA VEL FOR COMMISSIONERS TO ATTEND LEGISLATI VE DAY - MARCH30, 2005 - LEON CDUNTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7.N. SDG KINGS, INC. — THE OAKS OF VERO P.D. , PHASE I — CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK IMPROVEMENTS — CASH DEPOSIT AND ESCROWAGREEMENT — NO. PD-01 -06-15-SIDE (2000100085-34449) 099600 . 6 . 0 6 7. 0. DOUBLE R & D INC. — GRAND OAK ESTATES SUBDIVISION — SECOND MODIFICATION TO CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS — CASH DEPOSIT AND ESCROW AGREEMENT — NO. SD-03-03- 11-CFC (2002070178-35959) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7. P AUTHORIZATION TO SUE PREFERRED GOVERNMENT CLAIM SOLUTIONS PGCS) FOR BREACH OF CONTRACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7. Q. JDC FLORIDA L?VC. — FINAL PLA TAPPROVAL — BRIDGEPOINTESUBDIVISION . . . . . . . . 8 February 1 , 2005 2 • 7. R. CONSULTANT CONTRACT FOR HOME AGAIN APPLICATION AND ADMINISTRATION SERVICES - FRED FOX ENTERPRISES, INC. - FLORIDA HOUSING FINANCE COMPANY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 7. S. SAFECO LIFE INSURANCE COMPANY - EXCESS LOSS INSURANCE POLICY - PARTICIPATIONAGREEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7. T. RENEWAL OF CLASS "E " CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR WE CARE OF THE TREASURE COAST, INC. - WHEELCHAIRISTRETCHER SERVICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7 U GLO DEVELOPMENT, L.L. C. - EQUUS SUBDIVISION - RIGHT-OF- WAY ACQUISITION - 69TH STREET (NORTH WINTER BEACH ROAD WEST OF 66TH AVENUE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 7. V. ATLANTIC COAST CONSTRUCTION & DEVELOPMENT CORPORATION - FINAL PLATAPPROVAL - TROPICAL ISLESUBDIV/SIGN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 7. W. RESOLuT1oNN6. 2005- 009 - MISCELLANEOUS BUDGETAMENDMENT 005 . . . . . . . . . 11 70X. HIGHLAND DRIVE STORM SEWER REPLACEMENT AT INDIAN RIVER FARMS WATER CONTROL DISTRICT B-10 CANAL - TIMOTHY ROSE CONTRACTING, INC. - RELEASE OF RETAINAGE - INDIAN RIVER COUNTY PROJECT NO. 0447 . . . . . 11 7. Y. HABITAT CONSERVATION PLAN - ECOLOGICAL ASSOCIATES, INC. - CONTRACT AMENDMENT No. 2 - NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION(NOAH). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7Z BID A WARD # 7027 - ANNUAL BID FOR POL YMER - POL YDYNE, INC. 12 7.AA . 2005 ELECTION OF LAND ACQUISTION ADVISORY COMMITTEE (LAAO CHAIRMAN LYNN LARKINAND VICE CHAIRMAN JANICE BRODA . . . .. . . . . . . . . . . . . 0899 . . . . . . . 13 7. BB. BID AWARD # 7040 - SAMPLE AGREEMENT - 77TH STREET FORCE MAIN EXTENSION TO NORTH COUNTY WASTEWATER TREATMENT FACILITY (WWTF) - UNDERGROUND UTILITIES, INC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 9 .A. 1 . PUBLIC HEARING - RESOLUTION NO . 2005- 010 - AUTHORIZATION TO SUBMIT FY 2004/05 GRANT APPLICATION FOR 49 USC CH. 539 SECTION 5307 MASS TRANSIT CAPITAL AND OPERATING ASSISTANCE - 7 ': February 1 , 2005 3 ; 7,yT COUNCIL ON AGING - INDIAN RIVER TRANSIT (LEGISLATIVE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 9 .A .2 . PUBLIC HEARING - ORDINANCE NO . 2005- 002 - AMENDING SINGLE-FAMILY LOT TREE PROTECTION REQUIREMENTS (LEGISLATIVE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 9 .B . 1 . PUBLIC DISCUSSION ITEM - JIM GRANSE REGARDING PUBLISHING THE COMMISSION AGENDA IN THE VERO BEACH PRESS JOURNAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . is :ff ,:::Y'( 9 .B .2 . PUBLIC DISCUSSION ITEM - DEBORA STAMPER REGARDING HURRICANE RELIEF20 9 .B .3 . PUBLIC DISCUSSION ITEM - JOHN T. WILLIAMS REGARDING PROTECTIVE REFERENDUM REQUIREMENTS FOR THE URBAN SERVICE LINE , �n=AT FEES , AND THE -r ri� FOR n- M AGRICULTURALTO RESIDENTIAL DTr � 111�T x . . . . . . . . . . . . . . . . . . . . . . . . 20 9 . B .4. MICHELLE KIESEL - REGARDING RETENTION OF THE PRIMARY CARE/PUBLIC HEALTH COMMITTEE . . . . . . . . . . . . . . . . . . . . . . . . 21 9 . C . 1 . PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARINGS ON FEBRUARY 15 , 200521 MAVERICK GROUP LLCS REQUEST TO REZONE APPROXIMATELY 18. 54 ACRES LOCATED AT THE NORTHEAST CORNER OF 58THAVENUE AND 8TH STREET FROM A -19 AGRICULTURAL DISTRICT (UP TO I UNIT15 ACRES), TO RS-3, SINGLE- FAAMILY RESIDENTIAL DISTRICT (UP TO 3 UNITS/ACRE). MAVERICK GROUP J February 1 , 2005 4 z LLC, OWNER - MOSBY, MOIA, BOWLES AND ASSOCIATES, INC. AGENT (QUASI- I UDI CIA L) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 BLUEWATER BAY PD: REQUEST FOR PLANNING DEVELOPMENT (PD) SPECIAL EXCEPTION USEAPPROVAL FOR 379 SINGLE-FAMILY HOMES LOCATED ON THE NORTH SIDE OF 85TH STREETICR 510 AND WEST OF 86TH AVENUE - WITHIN THE "CR510 .IOINTPLANNINGAREA " AT THE CR510 "BEND " (LEGISLATIVE) . . . 22 PROPOSED LDR AMENDMENT: CONSIDERATION OF LAND DEVELOPMENT REGULATION (LDR) AMENDMENT FOR ROADWAY LANDSCAPE BUFFERS FOR MULTI-FAMILYSITE PLAN PROJECTS. �LEGISLATIVE� . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 10 .A . COUNTY ADMINISTRATOR ' S MATTERS — REVIEW OF COMMITTEES — COUNCIL OF PUBLIC OFFICIALS , PRIMARY CARE/PUBLIC HEALTH ADVISORY COMMITTEE , AND UTILITY ADVISORY COMMITTEE . . . . . . . . . . . . . 22 Me & COUNTY ADMINISTRATOR ' S MATTERS — ADDITIONAL STAFF FOR ROAD PROJECTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 11 . A. COMMUNITY DEVELOPMENT — DISCUSSION OF SMALL LOT SUBDIVISION REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 11 . C . GENERAL SERVICES — REPLACEMENT OF CUSTODIAL SERVICE CONTRACTOR (NINETY—FIVE SOUTH, INC .) FOR COUNTY ADMINISTRATION BUILDING — CLEANNET , INC . . . . . 28 11 . L1 . PUBLIC WORKS — RIGHT— OF— WAY ACQUISITION —(NORTH SIDE OF 45TH STREET — WEST OF INDIAN RIVER BOULEVARD) — BRIDGEPOINTE TOWNHOUSE DEVELOPMENT — JDC FLORIDA, INC . OWNER. . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 fl February 1 , 2005 5 11 .L2 . PUBLIC WORKS - 5TH STREET SW BRIDGE OVER LATERAL " C " CANAL , 43RD AVENUE BRIDGE OVER SOUTH RELIEF CANAL AND OLD DIXIE HIGHWAY BRIDGE OVER SOUTH RELIEF CANAL - BRIDGE DESIGN ASSOCIATES , INC . - AMENDMENT NO . 1 TO THE PROFESSIONAL ENGINEERING/LAND SURVEYING SERVICES . . . . . . 0006 69099 see 000000 0 00000 30 11 . L3 . PUBLIC WORKS - PELICAN ISLAND WILDLIFE REFUGE TIDAL MARSH PHASE 1 -13 PROJECT NO . 0424 - COASTAL TECHNOLOGY CORPORATION - NATIONAL COASTAL WETLANDS CONSERVATION GRANT - PROFESSIONAL ENGINEERING SERVICES AGREEMENT30 11 .J. 1 . UTILITIES SERVICES - TARMAC AMERICA LLC - DEVELOPER ' S AGREEMENT FOR CONSTRUCTION OF OFF- SITE MASTER PLANNED WATER MAIN AND REIMBURSEMENT BY COUNTY TO DEVELOPER (SW CORNER 53 " STREET AND FLORIDA EAST COAST RAILROADTRACKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 11 .J.2 . UTILITIES SERVICES - ORANGE HEIGHTS WATER SERVICE AREA - ENGINEERING DESIGN WORK - NEGOTIATION FOR SURVEY SERVICES — PROJECT UCP NO . 2563 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 1 LJ.3 . UTILITIES SERVICES - WEST REGIONAL WASTEWATER TREATMENT FACILITY (WWTF) - FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) - RESOLUTION AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 February 1 , 2005 6 12 . COUNTY ATTORNEY - RESOLUTION NO . 2005 -011 - REQUESTING FEDERAL DISASTER RELIEF FOR HURRICANES FRANCES AND JEANNE - FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) . . . . . . . . . . . . . . . . . . . . . . . . . 33 13 .A. CHAIRMAN THOMAS S . LOWTHER - MEETINGS WITH MUNICIPALITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 14 .A. EMERGENCY SERVICES DISTRICT - NONE35 14 . B . SOLID WASTE DISPOSAL DISTRICT - NONE35 14 . C . ENVIRONMENTAL CONTROL BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 „ February 1 , 2005 7 4141 ,) r + ; February 1 , 2005 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County , Florida , met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday , February 1 , 2005 , at 9 : 00 a . m . Present were Thomas S . Lowther, Chairman ; Arthur R . Neuberger, Vice Chairman ; Commissioners Sandra L . Bowden , Wesley S . Davis , and Gary C . Wheeler . Also present were Joseph Baird, County Administrator; William G . Collins II, County Attorney ; Kimberly Massung , Executive Aide to the Board; and Patricia Ridgely, Deputy Clerk . 1 . CALL TO ORDER The Chairman called the meeting to order . 2 . INVOCATION Pastor Ray Scent, Gathering of Devoted Servants , delivered the Invocation . I PLEDGE OF ALLEGIANCE . . Chairman Lowther led the Pledge of Allegiance to the Flag . 4 . ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS February 1 , 2005 1 The Chairman requested the following changes to today ' s Agenda : 1 . Add 9 . 13 . 4 . , Michelle Kiesel Regarding Primary Care/Public Health Advisory Committee 2 , Add 12 . A . , Resolution Requesting Federal Disaster Relief fqr Hurricanes Frances and Jeanne (FEMA) 3 . Delete 9 . 13 . 2 , at the Request of Debora Stamper ON MOTION by Commissioner Bowden , SECONDED by Vice Chairman Neuberger, the Board unanimously made the above changes to the Agenda . 5 . PROCLAMATION DESIGNATING FEBRUARY 6 2005 AS FOUR CHAPLAINS MEMORIAL Chairman Lowther read the proclamation . Ernie Heaton accepted the proclamation with thanks and told of his experience aboard the SS Dorchester when it sank in 1943 and how the four chaplains gave up their life vests to save others while they prayed and went down with the ship . Ray Scent advised one of the primary functions of the local Veterans Service Council is transporting veterans to the Veterans Administration Hospital in West Palm Beach . Larry Wapnick invited everyone to the Memorial Service on February 6 , 2005 at Temple Beth Shalom . (Invitation is on file in the Office of the Clerk to the Board . ) 6 . A . APPROVAL OF MINUTES — DECEMBER 7 , 2004 February 1 , 2005 2 The Chairman asked if there were any corrections or additions to the Minutes• of the Regular Meeting of December 7 , 2004 . There were none . ON MOTION by Commissioner Bowden, SECONDED by Vice Chairman Neuberger, the Board unanimously approved the Minutes of the Regular Meeting of December 7 , 2004, as written and distributed . 6 . B . APPROVAL OF MINUTES - DECEMBER 14 2004 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of December 14 , 2004 . There were none . ON MOTION by Commissioner Bowden, SECONDED by Vice Chairman Neuberger, the Board unanimously approved the Minutes of the Regular Meeting of December 14 , 2004 , as written and distributed . 7 . CONSENT AGENDA 7. A . REPORT - ST. JOHNS WATER CONTROL DISTRICT - NOTICE OF REGULAR QUARTERLYMEETING The above report has been received and placed on file in the office of the Clerk to the Board . 7. B. REPORT OF CONVICTIONS OFDECEMBER 2004 February 1 , 2005 3 The above report has been received and placed on file in the office of the Clerk to the Board . 7. C. INDIAN RIVER FARMS WATER CONTROL DISTRICT A UDIT REPORT FOR FISCAL YEAR-END SETEMBER 30 2004 The above report has been received and placed on file in the office of the Clerk to the Board . 7. D. APPROVAL OF WARRANTS — JANUARY 743 2005 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis , the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for the period of January 7 - 13 , 2005 , as requested . 7. E. APPROVAL OF WARRANTS — JANUARY 1.3-20 2005 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis , the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for the period of January 13 - 20 , 2005 , as requested . 7. F. 2005 ELECTION OF CODE ENFORCEMENT BOARD — CHAIRMAN .TOE PETR ULAK AND VICE CHAIRMAN JOE GAR ONE Election noted for the record . 7G* 2005 ELECTION OF PUBLIC LIBRARY ADVISORY BOARD (PLAB) — CHAIRMANMILT THOMASAND VICE CHAIRMANDONNA GREEN February 1 , 2005 4 Election noted for the record . 7. H. 2005 ELECTION OF BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE CHAIRMAN BILL GL YNN AND VICE CHAIRMAN TOM WHITE Election noted for the record . 7. 1. 2005 ELECTION OF COUNCIL OF PUBLIC OFFICIALS (COPD) CHAIRMAN TOM WHITE AND VICE CHAIRMAN JOEL TYSON Election noted for the record . 7. .1 2005 ELECTION OF PLANNING & ZONING COMMISSION CHAIRMAN DONNA KEYS AND VICE CHAIRMAN GEORGE HAMNER Election noted for the record . 7. K. APPOINTMENT OF BETH MITCHELL TO COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE (CEDSC) OF TREASURE COAST REGIONAL PLANNING COUNCIL (TCRPC) BY COMMISSIONER DA VIS The Board noted Commissioner Davis ' appointment as above . t February 1 , 2005 5 U* AT-LARGE APPOINTMENT TO THE PUBLIC LIBRARY ADVISORY BOARD (PLAB) - NANCY .IOHNSON ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis , the Board unanimously appointed Nancy Johnson as member at- large to the PLAB , as recommended in the memorandum of January 17 , 2005 . 7. M. OUT- OF- COUNTY TRAVEL FOR COMMISSIONERS TO ATTEND LEGISLATIVE DAY - MARCH 30 2005 - LEON COUNTY ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis , the Board unanimously approved out- of- county travel for the Commissioners to attend Legislative Day in Leon County on March 30 , 2005 , as recommended in the memorandum of January 21 , 2005 , 7. N. SDG KINGS INC. - THE OAKS OF VERO P. D. PHASE 1 - CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK IMPROVEMENTS - CASH DEPOSIT AND ESCROW AGREEMENT - NO. PD- 01 - 06-1541DE (2000100085-34449) ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis , the Board unanimously approved the Contract for Construction of Required Sidewalk 3 February 1 , 2005 6 - Improvements with SDG KINGS , Inc . , approved the Cash Deposit and Escrow Agreement, and authorized the Chairman to execute the same documents , as recommended in the memorandum of January 17 , 2005 . COPIES OF DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7. 0. DOUBLE R & D INC. - GRAND OAK ESTATES SUBDIVISION - SECOND MODIFICATION TO CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS - CASH DEPOSIT AND ESCROW AGREEMENT - No. SD4343-11 - CFC (2002070178-35959) ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis , the Board unanimously approved extending the Developer ' s completion date to April 1 , 2005 and authorized the Chairman to execute both the Cash Deposit and Escrow Agreement and Second Modification to Contract for Construction of Required Improvements , as recommended in the memorandum of January 14 , 2005 . COPIES OF DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7. P. A UTHORmA TION TO SUE PREFERRED GOVERNMENT CLAIM SOL UTIONS ( PGCS) FOR BREACH OF CONTRACT February 1 , 2005 7 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis , the Board unanimously authorized the County Attorney ' s Office to file a suit for breach of contract seeking return of all files maintained by PGCS in whatever form or media if the matter is not resolved immediately , as recommended in the memorandum of January 25 , 2005 . 7. Q. .IDC FLORIDA INC. — FINAL PLAT APPROVAL - BRIDGEPOINTE SUBDIVISION ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis , the Board unanimously granted final plat approval for Bridgepointe Subdivision, as recommended in the memorandum of January 18 , 2005 . 7. R. CONSULTANT CONTRACT FOR HOME AGAIN APPLICATION AND ADMINISTRATION SERVICES — FRED FOX ENTERPRISES INC. — FLORIDA HOUSING FINANCE COMPANY ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis , the Board unanimously approved the proposed contract with Fred Fox Enterprises for the preparation of a HOME AGAIN application and administration of the program ; authorized the Chairman to execute the same , authorized the County ' s Affordable February 1 , 2005 " a 8 Housing Loan Review Committee to review and approve the program loans to very low and low income households and authorized Community Development Director Robert M . Keating , Planning Director Stan Boling, or Budget Director Jason Brown to sign draw requests for the funds spent , as recommended in the memorandum of January 19 , 2005 . CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7. S. SAFECO LIFE INSURANCE COMPANY — EXCESS LOSS INSURANCE POLICY — PAR TICIPATIONAGREEMENTS ON MOTION by Commissioner Wheeler , SECONDED by Commissioner Davis , the Board unanimously approved the SAFECO Life Insurance Company Contracts and authorized the Chairman to execute the Participation Agreements for policy period 10/01 /03) to 10/01 /04 and 10/01 /04 to 10/01 /05 , as recommended in the memorandum of January 26 , 2005 . DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7. T. RENEWAL OF CLASS "E " CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR WE CARE OF THE TREASURE COAST, INC. — WHEEL CHA IRIS TRE TCHER SER VICES _ . February 1 , 2005 9 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis , the Board unanimously approved renewal of the Class "E" Certificate of Public Convenience and Necessity for We Care of the Treasure Coast, Inc . , to be effective for a period of two (2 ) years from February 13 , 2005 to February 13 , 2007 , as recommended in the memorandum of January 12 , 2005 . COPY OF CERTIFICATE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7. U. GLO DEVELOPMENT, L. L. 0 — E UUS SUBDIVISION - RIGHT OF WAYACQUISITION — 69TH STREET (NORTH WINTER BEACH ROAD) WEST OF 66TH A VENUE ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis , the Board unanimously approved purchase of right-of-way in the amount of $ 22 , 069 . 00 from GLO Development, L . L . C . , and authorized the Chairman to execute the Agreement, as recommended in the memorandum of January 13 , 2005 . COPY OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7. V ATLANTIC COAST CONSTRUCTION & DE VEL OPMENT CORPORATION — FINAL PLATAPPROVAL - TROPICAL ISLE SUBDIVISION February 1 , 2005 10 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis , the Board unanimously granted final plat approval to Tropical Isle Subdivision, as recommended in the memorandum of January 17 , 2005 . 7. W. RESOLUTION NO. 2005409 — MISCELLANEOUS BUDGET AMENDMENT 005 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis , the Board unanimously adopted Resolution No 2005 - 009 amending the FY 2004 -2005 budget . 7.X. HIGHLAND DRIVE STORM SEWER REPLACEMENT AT INDIAN RIVER FARMS WATER CONTROL DISTRICT B40 CANAL — TIMOTHYROSE CONTRACTING, INC. — RELEASE OF RETAINAGE — INDIAN RIVER COUNTY PROJECT NO. 0447 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis , the Board unanimously approved releasing retainage in the amount of $ 11 ,491 . 20 , as recommended in the memorandum of January 24 , 2005 . DOCUMENT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD February 1 , 2005 11 WHEN EXECUTED AND RECEIVED 7. Y. HABITAT CONSERVATION PLAN — ECOLOGICAL ASSOCL4TES INC. CONTRACT AMENDMENT NO. 2 — NATIONAL OCEANIC & ATMOSPHERICADMINISTRATION (NOAA ) GRANT ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis , the Board unanimously approved Contract Amendment No . 2 to the Agreement with Ecological Associates , Inc . , as set forth and recommended in the memorandum of January 14 , 2005 . AMENDMENT NO . 2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7. Z. BID AWARD # 7027 — ANNUAL BID FOR POLYMER — POLYDYNE INC. ON MOTION by Commissioner Wheeler , SECONDED by Commissioner Davis , the Board unanimously awarded Bid # 7027 to Polydyne , Inc . , as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid at a cost of $ 0 . 96 per pound ; authorized establishment of an Open End Contract for the period of October 1 , 2004 through September 30 , 2005 , with Polydyne ; and authorized the Purchasing Manager to renew this contract from two (2) additional one ( 1 ) year February 1 , 2005 12 periods subject to satisfactory performance , zero cost increase , bidder acceptance and the determination that renewal of this annual contract is in the best interest of Indian River County , as recommended in the memorandum of January 26 , 2005 . AGREEMENT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 70AAO 2005 ELECTION OF LAND ACQUISTION ADVISORY COMMITTEE �LAAC) CHAIRMAN LYNN LARKIN AND VICE CHAIRMAN JANICE BRODA The Board noted the above elections . 7. BB. BID AWARD # 7040 — SAMPLE AGREEMENT — 77TH STREET FORCE MAIN EXTENSION TO NORTH COUNTY WASTEWATER TREATMENT FACILITY (WWTF) — UNDERGROUND UTILITIES, INC. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis , the Board unanimously awarded Bid 97040 to Underground Utilities , Inc . , as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid ; and approved the proposed sample agreement and authorized the Chairman to execute same when required performance February 1 , 2005 13 and payment bonds have been submitted along with appropriate certification of insurance and the County Attorney has approved the agreement as to form and legal sufficiency , as recommended in the memorandum of January 25 , 2005 . AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 9 . A. 1 . PUBLIC HEARING — RESOLUTION NO . 2005- 010 — AUTHORIZATION TO SUBMIT FY 2004/05 GRANT APPLICATION FOR 49 USC CH . 53s, SECTION 5307 MASS TRANSIT CAPITAL AND OPERATING ASSISTANCE — COUNCIL ON AGING — INDIAN RIVER TRANSIT tLEGISLATIVE ) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating reviewed the memorandum of January 24 , 2005 . He explained the funding mechanism and recommended adoption of the resolution . The Chairman opened the public hearing . There were no speakers and the Chairman closed the public hearing . ON MOTION by Commissioner Bowden, SECONDED by Commissioner Wheeler, the Board unanimously February 1 , 2005 14 ` adopted Resolution No . 2005 - 010 authorizing the filing of a FY 2004,/2005 grant application for 49 USC Ch . 53 , Section 5307 Mass Transit Capital and Operating Assistance . 9 . A . 2 . PUBLIC HEARING - ORDINANCE NO . 2005 - 002 - AMENDING SINGLE - FAMILY LOT TREE PROTECTION REQUIREMENTS (LEGISLATIVE ) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Environmental Planning & Code Enforcement Chief Roland DeBlois reviewed the memorandum of January 25 , 2005 displaying on the overhead projector the "proposed revision tree removal exemption . " Staff brought this matter back at the request of Commissioner Wheeler who proposes that any homesteaded single - family lot of less than an acre would be exempt from the permitting . Staff also recommended the inclusion of any single - family lot of an acre or less in a subdivision that was platted prior to 1990 . He explained the rationale for both of the proposed exemptions . Commissioner Davis spoke in favor of the exemptions stating his concern was for an area similar to Vero Lake Estates where a builder might purchase several contiguous lots and clear them of all trees . He wished there was a way to prohibit that but he has not been able to find a solution for that . Commissioner Wheeler .suggested using as the criteria " where water or sewer are not available " instead of using 1990 . He elaborated on his specification for homesteaded lots . Mr . DeBlois understood and agreed it was possible to structure the language and bring the desired result on those lots . February 1 , 2005 15 Discussion ensued on how builders knock down the trees for their convenience and how to word the ordinance so that it can be enforced without hiring additional staff. Vice Chairman Neuberger pointed out that the way the ordinance is structured, the builder would have to put in two trees per lot . The Chairman opened the public hearing . David Cox , 9495 Periwinkle Drive , thought Commissioner Wheeler ' s suggestion to approach this from the water and sewer point- of- view was good and agreed that homesteaded lots holds back the speculators . He also hoped to see a revised landscape ordinance coming forward in the future . Joseph Paladin , president of Atlantic Coast Construction , suggested creating an incentive for the builders to make it beneficial for them to save trees . He advised that Brevard County has a point system and builders have to plant at least six trees on small lots with septic tanks and well water . Commissioners thought the point system had merit and they hoped Mr . Paladin ' s committee would include that in their recommendations on the LDR amendments . Mr . DeBlois specified that we already have a point system on a development level for single lots and explained how it relates to our current tree requirements . Commissioner Wheeler saw two types of home-building ; a homeowner and developers . He thought this would apply to the developers , not a homeowner building on a single lot. Ray Scent, 1615 71 " Court, expressed concern for people who have purchased a lot 5 years prior to building on it. He recalled the royal palms and coconut palms that used to be in Vero Beach but lost due to blights . He lamented that now we have leaf trees with deep roots that negatively impact roads , sidewalks , and building foundations . He suggested allowance for palm trees and not just leaf trees and urged them not to do anything rash . } February 1 , 2005 16 Dr. Richard Baker , president of the local Audubon Society , was confused about the homesteaded lots and Community Development Director Bob Keating explained that two trees must remain on the property or be replaced . Dr . Baker suggested photographs be taken of the special trees we want to protect because people are taking down the substantial trees to prevent them from falling on their homes . Billie Wagner commented that a neighbor took down the largest live oak in the county and later received the Mayor ' s Live Oak Award . She defended preservation of pine trees for nesting of bald eagles and wanted tighter protection for the pine trees . Jens Tripson , 2525 14th Street , Vero Beach , suggested a compromise to go to a half-acre and on a homesteaded lot with water & sewer . Bob Johnson , Coral Wind Subdivision , suggested they go with an acre and a half. It seemed best to keep it simple for existing residents . There were no additional speakers and the Chairman closed the public hearing . MOTION WAS MADE by Commissioner Wheeler , SECONDED by Vice Chairman Neuberger, to exempt from tree protection requirements any homesteaded parcel of one acre or less , and any single -family lot less in size of 1 /3 acre in a residential subdivision that does not have water and sewer available , if water and sewer are available it would revert back to 1/4 acre as was adopted at the last hearing . Commissioner Bowden wanted to protect and preserve the natural hammock areas in our county by trying to educate people about their value . She thought Brevard ' s point system was quite reasonable . She understood that a professional survey of the trees on a property will not be necessary . February 1 , 2005 17 Commissioner Davis would prefer to see just one rather than multi - fraction-lot- sizes and he personally would like one half acre on both . He would vote in favor of the motion if homesteaded property were exempted from this . Commissioner Wheeler explained the two separate lot- size criteria hinges on whether there is water and sewer . The Chairman CALLED THE QUESTION and the motion carried by a 4 - 1 vote (Commissioner Davis opposed) . (Ordinance No . 2005 - 002 adopted amending Chapter 927 of the land development regulations [LDRs ] relating to tree protection ; revising section 927 . 06 , exemptions , to exempt from tree protection requirements homesteaded lots one acre or less in size ; expanding the exemption to include single-family lots 1 /3 acre or less in size where public water or sewer is not available ; and providing for repeal of conflicting provisions , codification, severability and effective date . ) 9 . B .1 . PUBLIC DISCUSSION ITEM - JIM GRANSE REGARDING PUBLISHING THE COMMISSION AGENDA IN THE VERO BEACH PRESS JOURNAL Because Mr . Granse was temporarily out of the Chambers , the Chairman called for 9 . 13 . 3 . , after which Mr . Granse would be heard . These minutes , however, are remaining in the agenda order . Jim Granse, 36 Pine Arbor Lane , requested the Board consider having the Commission agenda published in Sunday ' s newspaper prior to the Tuesday meeting as it had been in the past . February 1 , 2005 18 Commissioner Wheeler requested staff to put this matter on an agenda for future reconsideration . Chairman Lowther noted that the previous Commission had stopped the agenda ' s publication because of the cost and there had not been a lot of complaints . Executive Aide Kimberly Massung advised the FY 2002 -2003 cost was $ 31 , 445 for publication in Sunday ' s Press Journal . It was pointed out that copies are sent to both libraries , the law library , and to taxpayers groups . It is broadcast on the government access channel, is on the County ' s website with the backup, can be picked up in the BCC office and is mailed to individuals who request it . MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Davis , to reconsider at a future meeting paying for publication of the Commission agenda in the Sunday newspaper . Vice Chairman Neuberger had heard very few complaints and stressed there are many other ways to obtain it . County Administrator Baird suggested we could fax the agenda to the Press Journal and they could publish it as a public service . He estimated the cost for publication to be $ 35 , 000 , which would come from contingency because it was not included in the budget . John Williams commented that several citizens spoke in favor of publishing it in the newspaper to reach out to all of the public . Dr. Richard Baker liked the fax idea and also suggested publishing it in the Hometown News , but it was explained that timing is a prohibiting factor in publishing it in that newspaper . Discussion ensued . February 1 , 2005 19 The Chairman CALLED THE QUESTION and the motion carried by a vote of 3 -2 ( Commissioner Bowden & Vice Chairman Neuberger opposed) . It was decided to bring this matter back in 2 weeks . 9 . B . 2 . PUBLIC DISCUSSION ITEM - DEBORA STAMPER REGARDING HURRICANE RELIEF Deleted at the request of Ms . Stamper. 9 . B . 3 . PUBLIC DISCUSSION ITEM - JOHN T . WILLIAMS REGARDING PROTECTIVE REFERENDUM REQUIREMENTS FOR THE URBAN SERVICE LINE , TMP CT TES- AND HE NEED FORA MORATORIUM ON AGRICULTURAL TO RESIDENTIAL REZON NTS (Taken before 9 . 13 . 1 . because Mr . Granse was not in Chambers when called . ) John T . Williams , 1535 Smuggler ' s Cove , presented three handouts to the Board (copies on file in the office of the Clerk to the Board) and advised he would only speak on the first item and come back later on the other two . He read from a prepared statement regarding a protective referendum requirement for the urban service line by having a charter government in the county . ( Copy on file in the office of the Clerk to the Board . ) He requested the Commissioners to consider his suggestions ; they had a lot to lose and a lot to gain . He presented a video to County Attorney Will Collins . Commissioner Wheeler wanted to see the video and get the County Attorney ' s input . He also thought it is time to look to the Legislature for a Special Act . February 1 , 2005 20 NO ACTION REQUIRED OR TAKEN . 9 . B . 4 . MICHELLE KIESEL - REGARDING RETENTION OF THE PRIMARY CARE/PUBLIC HEALTH COMMITTEE Michelle Kiesel , Director of Nursing , Indian River County Health Department, spoke as the Chairman of the Primary Care/Health Advisory Committee . She gave the history of the primary care program in the State of Florida and our county from 1987 . She enumerated the numerous health care issues the committee has addressed in defending the continuation of the committee ' s role in our county . She stressed the committee is needed for problem identification and resolution . She urged the Commission to keep the Committee under the auspices of the Board of County Commissioners . NO ACTION REQUIRED OR TAKEN . The Chairman called a short recess at 11 : 00 a . m . The meeting was reconvened at 11 : 10 a . m . 9 . C . 1 . PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARINGS ON FEBRUARY 15 , 2005 MAVERICK GROUP LLC S REQUEST TO REZONE APPROXIMATELY 18* 54 ACRES LOCATED AT THE NORTHEAST CORNER OF 58TH AVENUE AND 8T11 STREET FROM A - 1 , AGRICULTURAL DISTRICT (UP TO 1 UNIT/S ACRES) , TO RS-3 , SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO February 1 , 2005 21 3 UNITS/ACRE) . MAVERICK GROUP LLC OWNER - MOSBY, MOIA , BOWLES AND ASSOCIATES, INC AGENT (QUASI-JUDICIAL) LJ BAY PD: REQUEST FOR PLANNING DEVELOPMENT (PD) SPECIAL EXCEPTION USE APPROVAL FOR 379 SINGLE-FAMILY HOMES LOCATED ON THE NORTH SIDE OF 85TH STREET/CR SIO AND WEST OF 86TH AVENUE - WITHIN THE "CR5I0 JOINT PLANNING AREA " AT THE CR510 "BEND " (LEGISLATIVE) PROPOSED LDR AMENDMENT.' CONSIDERATION OF LAND DEVELOPMENT REGULATION (LDR) AMENDMENT FOR ROADWAY LANDSCAPE BUFFERS FOR MULTI-FAMILY SITE PLAN PROJECTS. (LEGISLATIVE) The Chairman read the notices into the record . IOsA . COUNTY ADMINISTRATOR ' S MATTERS — REVIEW OF COMMITTEES — COUNCIL OF PUBLIC OFFICIALS PRIMARY CARE/PUBLIC HEALTH ADVISORY COMMITTEE , AND UTILITY ADVISORY COMMITTEE County Administrator Baird reviewed staff' s recommendation to eliminate 3 of the 32 committees . Staff felt the Council of Public Officials would be redundant since the Board has decided to meet with the municipalities . The Utilities Advisory Committee was initially set up just to do the rate/case work . The County is the only non -medical member of the Health Committee . He explained that committees are labor- intensive for staff and that is the reason for considering whether to sunset the ones no longer serving a purpose . February 1 , 2005 22 - ` f Commissioner Davis had found the COPO very beneficial in the past particularly when he was on the School Board . From his experience , however, Vice Chairman Neuberger felt that COPO was just a nice social get-together . Commissioner Bowden thought the COPO was outstanding when chaired by former Commissioner Caroline Ginn . She suggested that staffing could come from the committee Chairman ' s organization . Commissioner Wheeler expressed concern about the Sunshine Law when serving on a committee and the prohibitions of speaking with others on the committee about issues that might come before the committee . County Attorney Will Collins explained restrictions under the Sunshine Law with regard to members of committees . Vice Chairman Neuberger noted that the biggest problem with the Sunshine Law is that the legislators can do whatever they want . Discussion was held as to staffing requirements of the committees . Joe Barczyk, Vice Mayor of Sebastian, supported retention of COPO . Commissioner Davis agreed that staffing could come from the COPO ' s Chairman ' s office to alleviate some of the work that the County ' s staff is doing, but this would not address the Sunshine Law concerns . Chairman Lowther understood that City of Vero Beach Mayor Tom White is now the Chairman of COPO and his office could take the minutes . County Administrator Baird noted that the Utilities Advisory Committee required the most staff time ; it was constituted to make rate increase recommendations and has served its purpose . Also , he pointed out that the County is the only member on the Health Committee that is not in the health business and the Sunshine Law precludes their members from speaking outside their meetings with Commissioner Bowden . February 1 , 2005 23 MOTION WAS MADE by Vice Chairman Neuberger, SECONDED by Commissioner Wheeler, to sunset the UAC and let the Chairman ' s staff of both the Primary Care/Health Advisory Committee and COPO take charge of those meetings and hold their meeting at their own facilities . Executive Aide Kimberly Massung inquired where the committee ' s records would be stored and it was decided the County would retain the minute ' s file . Michelle Kiesel, representing the Primary Care/Public Health Advisory Committee , thought the decision should be "all or nothing " . She stated the committee did not require much staff time . As to records management, she felt that it would be best to either operate as we are now or not be under the auspices of the County Commission . As the Chair of the committee , she is perfectly willing to take care of staffing the meeting , but as the position progresses to others she thought there could be some implications from an organizational standpoint . Discussion ensued as to how best to address this whole situation . The motion was restated and Commissioner Wheeler WITHDREW HIS SECOND . ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Bowden, the Board by a vote of 3 - 2 ( Chairman Lowther Commissioner Wheeler opposed) approved abolition of the Utility Advisory Committee and determined that the Chairman of the Council of Public Officials and Primary Care/Public Health Advisory February 1 , 2005 24 _M k,: Committee will now be responsible for the minutes and meeting preparation . 10 . B . COUNTY ADMINISTRATOR ' S MATTERS - ADDITIONAL STAFF FOR ROAD PROJECTS ON MOTION by Commissioner Wheeler , SECONDED by Commissioner Davis , the Board unanimously authorized adding three new positions for road projects to be funded through Fund 109 gas tax , as recommended in the memorandum of January 25 , 2005 . 11 . A. COMMUNITY DEVELOPMENT - DISCUSSION OF SMALL LOT SUBDIVISION REGULATIONS Planning Director Stan Boling reviewed the memorandum of January 18 , 2005 , explained the current regulations on small lot subdivisions , and explained the alternatives listed on pages 256 - 257 in the backup . During discussion, several points were raised by Commissioners , such as : that builders are putting $ 350 , 000 homes on small lots and that is not the purpose of small lot subdivisions ; that " affordable " housing (according to our LDRs) for a median income would be $ 105 , 000 ; that a lot would have to sell for $ 10 , 000 to $ 15 , 000 (or about $ 60 , 000 per acre ) to build a house for $ 105 , 000 ; that there is a universal problem throughout Florida of high cost lots ; the need for "work-force" affordable housing ($ 150 , 000 to 175 , 000) ; there is a lack of available homes for under $ 100 , 000 ; concerns of too great densities throughout the county after build- out ; how to protect houses/neighborhoods built by Habitat ; and how to eliminate densities of 6 - 8 units per acre or in some way restrict them to affordable housing . February 1 , 2005 25 Andy Bowler, Executive Director of Indian River Habitat for Humanity, stressed that Habitat wants to be able to continue building their homes in small lot subdivisions in Indian River County for families earning from $ 13 , 000 to $ 26 , 000 , or roughly half the ,area ' s median income of $ 52 , 000 . Their houses are selling for $ 72 , 000 to $ 74 , 000 . They have been building about 4 units per acre on 50 ' x 100 ' lots . Their subdivisions include sidewalks , water retention ponds , and park facilities . Knowledge of the County ' s rules and guidelines keeps their costs down . They plan to build 30 homes in the county this year. He encouraged the Commissioners to keep small-lot subdivisions in place without restrictions that would prohibit Habitat from continuing their efforts in Indian River County . Most of the families in Habitat homes have lived in Indian River County all their lives . Discussion ensued as to how to retain affordable lots and how to ensure continued pride of ownership after an affordable home is built and a second owner comes in or the house becomes a rental property . Community Development Director Bob Keating advised maintaining affordability is one of the challenges in building affordable housing . Mr. Bowler noted that after 13 years in Indian River County, none of 87 - 88 Habitat homeowners have moved out of their Habitat home . Some Habitat affiliates have a "running-with-the - land" wording so if the home is ever sold it must be to someone like the original owner (such as low income) . Commissioner Wheeler was concerned that a second owner might not have the pride of ownership (because of the lack of sweat- equity) and might lead to a degradation of the neighborhood . Chairman Lowther stated that he was unable to make any decision at this meeting . Commissioner Davis agreed that while they may not make a decision today they could give staff their feedbacks on the alternatives offered . He favored Alternative 42 , the elimination of the small lot subdivision allowance and perhaps making them PDs as Habitat for Humanity has done by going beyond our small lot subdivision requirements . By doing so , the February 1 , 2005 26 �, P &Z Commission could review the proposal before making their recommendation to the Commission . Commissioner Wheeler inquired if it is possible for the County to assist in the PD expense for affordable housing to ensure a good neighborhood . He agreed with Commissioner Davis and wanted to eliminate small lot subdivisions and wanted to protect affordability through Habitat for Humanity . He also wanted to eliminate some of the higher density here in the county . Director Keating enumerated the costs for a PD . He was not certain the Habitat neighborhoods actually came up to the PD standards . As to a subsidy , County Administrator Baird advised the Board would have to direct the use of ad valorem dollars . Commissioner Wheeler understood that it would be easier to keep the small lot subdivisions and somehow tie the requirements to affordability . Chairman Lowther asked if Director Keating had a recommendation of the four alternatives . Director Keating recommended that the small lot subdivision option be retained . Discussion ensued. Joe Paladin , Atlantic Coast Construction and Development, Inc . and the Growth Awareness Committee , reported that his committee has agreed 100 % to "restrict the use of small lot subdivision ordinance to affordable houses and affordable housing projects only as defined by Chapter 420 in the Florida Statutes . " Director Boling advised that staff' s position is to retain small lot subdivisions and not make them go PD , but perhaps have some type of affordability test . He understood the price of the unit was initially low, but not necessarily over a long period of time . Chairman Lowther understood the Board wanted small lot subdivisions but they want them to be affordable . Director Boling agreed that was what he was hearing, but the difficult thing is implementing it, that is , figuring out a way to tie affordability and for how long . February 1 , 2005 27 Mr. Paladin ' s opinion was it did not matter on a resale just that it be affordable in the beginning . If the property appreciates and the original owner can sell at a profit and move into a higher priced house that is free enterprise . Commissioner Bowden affirmed that she values Habitat for Humanity and what they do for the community ; she hoped they would continue on to benefit our community . She did not want housing, other than Habitat, to be required to be low income . ON MOTION by Commissioner Davis , SECONDED by Commissioner Bowden, the Board unanimously approved a direction to staff to look at our regulations and determine if and how they can tie small lot subdivisions to affordability and bring back their findings and recommendations . 11 . C . GENERAL SERVICES - REPLACEMENT OF CUSTODIAL SERVICE CONTRACTOR (NINETY- FIVE SOUTH , INC ) FOR COUNTY ADMINISTRATION BUILDING - CLEANNET INC . General Services Director Tom Frame advised that the County has given notice for termination of the current service contractor and we are waiting for that time to pass . ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Bowden, the Board unanimously authorized waiving of the bidding requirements for custodial service for the County Administration Building , accepted the proposals and authorized the execution of a purchase order to Complete Cleaning based on the weekly February 1 , 2005 28 amount of $ 2 , 000 and an initial cleaning (one time) of $ 800 to allow for custodial service , contingent upon satisfactory performance for the remainder of the fiscal year to allow time for the RFP solicitation, evaluation and award of a three - year contract beginning October 1 , 2005 , and thereby aligning the start dates of the various buildings , as recommended in the memorandum of January 25 , 2005 . 11 . I . 1 . PUBLIC WORKS - RIGHT - OF-WAY ACQUISITION - (NORTH SIDE OF 45TH STREET - WEST OF INDIAN RIVER BOULEVARD) - BRIDGEPOINTE TOWNHOUSE DEVELOPMENT - JDC FLORIDA , INC . OWNER ON MOTION by Commissioner Davis , SECONDED by Commissioner Wheeler, the Board unanimously approved the purchase in the amount of $ 36 , 814 . 51 and authorized the Chairman to execute the Agreement with JDC Florida, Inc . , an Alabama Corporation, as recommended in the memorandum of January 13 , 2005 . AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD February 1 , 2005 29 11 . L2 . PUBLIC WORKS - 5TH STREET SW BRIDGE OVER LATERAL " C " CANAL43RD AVENUE BRIDGE OVER SOUTH RELIEF CANAL AND OLD DIXIE HIGHWAY BRIDGE OVER SOUTH RELIEF CANAL - BRIDGE DESIGN ASSOCIATES INC . - AMENDMENT NO . 1 TO THE PROFESSIONAL ENGINEERING/LAND SURVEYING SERVICES ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis , the Board unanimously approved Amendment No . 1 in the amount of $ 24 , 345 . 50 to the agreement with Bridge Design Associates , Inc . , as recommended in the memorandum of January 24 , 2005 . AMENDMENT NO . I IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11 . I. 3 . PUBLIC WORKS - PELICAN ISLAND WILDLIFE REFUGE TIDAL MARSH PHASE 1 - B PROJECT NO . 0424 - COASTAL TECHNOLOGY CORPORATION - NATIONAL COASTAL WETLANDS CONSERVATION GRANT - PROFESSIONAL ENGINEERING SERVICES AGREEMENT MOTION WAS MADE by Commissioner Bowden, SECONDED by Chairman Lowther, to approve staffs recommendation . - Z , February 1 , 2005 30 w _ e Vice Chairman Neuberger wanted to know more about the million - dollar National Coastal Wetlands Conservation Grant . Public Works Director Jim Davis explained that the County ' s Public Works Department has been the engineering management arm for U . S . Fish and Wildlife in building the Pelican Island Wildlife Refuge . The Federal money paying for this project is passed through the County . The Chairman CALLED THE QUESTION and the motion carried unanimously . (The Board approved the agreement with Coastal Technology, Inc . for a negotiated fee of $ 50 , 752 . 00 and authorized the Chairman to execute same , as recommended in the memorandum of January 24 , 2005 . ) AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11 .J.1 . UTILITIES SERVICES - TARMAC AMERICA LLC - DEVELOPER ' S AGREEMENT FOR CONSTRUCTION OF OFF- SITE MASTER PLANNED WATER MAIN AND REIMBURSEMENT BY COUNTY TO DEVELOPER ( SW CORNER 53RD STREET AND FLORIDA EAST COAST RAILROAD TRACKS ON MOTION by Commissioner Wheeler, SECONDED by Vice Chairman Neuberger, the Board unanimously February 1 , 2005 31 approved the Developer ' s Agreement with Tarmac America, LLC , for a not-to - exceed amount of $ 30 , 533 ; authorized the Utilities Department to recover capacity charges and line extension fees from future development ; and authorized the Chairman to execute the Agreement, as recommended in the memorandum of January 21 , 2005 . AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD HAI UTILITIES SERVICES - ORANGE HEIGHTS WATER SERVICE AREA - ENGINEERING DESIGN WORK - NEGOTIATION FOR SURVEY SERVICES - PROJECT UCP N0 . 2563 ON MOTION by Commissioner Davis , SECONDED by Commissioner Bowden, the Board unanimously approved the project that is consistent with the Comprehensive Plan and the Environmental Health Departments recommended areas to be served, and authorized the Department to proceed with the engineering design work and to negotiate a contract for survey services with one of the approved survey consultants in preparation for the special assessment project, all as recommended in the memorandum of January 5 , 2005 . February 1 , 2005 32 11 .13 . UTILITIES SERVICES - WEST REGIONAL WASTEWATER TREATMENT FACILITY (WWTF) - FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) - RESOLUTION AGREEMENT ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowden, the Board unanimously authorized the Chairman to execute the FDEP Resolution Agreement as presented and authorized payment to FDEP in the total amount of 52 , 500 , as recommended in the memorandum of January 3 , 2005 . RESOLUTION AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12 . COUNTY ATTORNEY - RESOLUTION NO . 2005- 011 - REQUESTING FEDERAL DISASTER RELIEF FOR HURRICANES FRANCES AND JEANNE - FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) County Attorney Will Collins reviewed the proposed resolution and suggested that another paragraph be added to this resolution directing the Clerk to send it to our Federal and State elected, officials in addition to FEMA . ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis , the Board unanimously adopted February 1 , 2005 33 Resolution No . 2005 - 011 , as amended, requesting Federal disaster relief for Hurricanes Frances and Jeanne . 13 .A. CHAIRMAN THOMAS S . LOWTHER - MEETINGS WITH MUNICIPALITIES Chairman Lowther suggested the Board meet with each of the municipalities in the county, hoped the other Commissioners would agree , and asked for feedback . Commissioners Bowden and Davis agreed that was a good idea and wondered about the most efficient way such meetings could be accomplished . Commissioner Bowden suggested contacting the mayor of each municipality and also consider going to municipalities ' regular meetings . Commissioner Wheeler was not sure what they want to accomplish . He had no objection to a joint meeting if there is a reason . Commissioner Bowden wanted special separate meetings with the municipalities because there are different issues and problems facing each one . Commissioner Davis liked the idea of having a special meeting for a special reason and noted the recent joint meeting with St . Lucie County as a prime example . Chairman Lowther agreed a special call joint meeting would accomplish the purpose . County Administrator Baird pointed out there will be a meeting on March 16Th concerning the impact fees with all the municipalities and suggested this topic could be added to the end of that agenda to get input from their elected officials . Executive Aide Kimberly Massung mentioned there is also a meeting (MPO ) on February 25th in the City of Sebastian ' s Council Chambers with all the municipalities and perhaps they could add this matter to that agenda . February 1 , 2005 34 There was CONSENSUS to add this matter as a discussion item to the February 25th Agenda when all elected officials meet as the MPO Elected Officials Visioning Oversight Committee . 14 . A . EMERGENCY SERVICES DISTRICT - NONE 14 . B . SOLID WASTE DISPOSAL DISTRICT - NONE 14 . C . ENVIRONMENTAL CONTROL BOARD The Chairman announced that immediately upon adjournment of the Board of County Commissioners Meeting , the Board would reconvene as the Board of Commissioners of the Environmental Control Board . Those Minutes are being prepared separately and are appended to this document . ALL BACKUP DOCUMENTATION , RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES February 1 , 2005 35 There being no further business , on Motion duly made , seconded and carried , the Board adjourned at 12 : 28 p . m . ATTEST : Jef . Barton, Clerk Thomas S . Lowther, Chairman Minutes Approved : MAR 1 5 2005 BCC/PR/2004 Minutes February 1 , 2005 36 February 1 , 2005 ENVIRONMENTAL CONTROL BOARD The Board of Commissioners of the Environmental Control Board met at the County Commission Chambers , 1840 25 `" Street , Vero Beach, Florida, on Tuesday , February 1 , 2005 . Present were Thomas S . Lowther, Chairman ; Arthur R . Neuberger, Vice Chairman ; and Commissioners Sandra L . Bowden , Weslev S . Davis , and Gary C . Wheeler . Also present were Joseph A . Baird, County Administrator ; William G . Collins , II, County Attorney ; Kimberly Massung , Executive Aide to the Board ; and Patricia M . Ridgely , Deputy Clerk . The Chairman called the meeting to order at 12 : 28 p . m . 14 . 0 . 1 . APPROVAL OF MINUTES - NOVEMBER 2 , 2004 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of November 2 , 2004 . There were none . ON MOTION by Vice Chairman Neuberger , SECONDED by Commissioner Wheeler, the Board unanimously approved the Minutes of the Meeting of November 2 , 2004 , as written . February 1 , 2005 1 E . C . B . 14 . C . 2 . QUARTERLY REPORT - OCTOBER - DECEMBER 2004 ON MOTION by Vice Chairman Neuberger , SECONDED by Commissioner Wheeler, the Board unanimously accepted the report from the Indian River County Environmental Control Office as presented in the backup . ALL BACKUP DOCUMENTATION IS ON FILE IN THE OFFICE OF TI4E CLERK TO THE BOARD AND IS HEREBY MADE A PART OF THESE MINUTES There being no further business , on Motion duly made , seconded and carried , the Board adjourned at 12 : 29 p . m . ATTEST : Jeffr . Barton, Clerk Thomas S . Lowther, Chairman Minutes Approved : MAY - 3 2005 pr February 1 , 2005 2 E . C . B . ; ,