HomeMy WebLinkAbout10/14/2008 (2)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF OCTOBER 14, 2008
1. CALL TO ORDER.....................................................................................1
2. INVOCATION............................................................................................1
3. PLEDGE OF ALLEGIANCE...................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS- NONE...........................................................................................1
5. PROCLAMATIONS AND PRESENTATIONS - NONE ....................2
S.A. PRESENTATION BY CHUCK MECHLING ON COUNTY COOPERATIVE PROGRAM
"SCREEN ON THE GREEN",' AND STHANNUAL INDIAN RIVER COUNTY
FIREFIGHTERS I CHILI COOK -OFF AT POINTE WEST ............................................. 2
6. APPROVAL OF MINUTES.....................................................................2
6.A. PRELIMINARYBUDGETHEARINGOFSEPTEMBER 3, 2008 ...................................2
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION -
NONE............................................................................................................ 3
1
October 14, 2008
8. CONSENT AGENDA.................................................................................3
8.A. APPROVAL OF WARRANTS AND WIRES - SEPT 26 TO OCT 2, 2008 ........................3
8.B. OUT OF COUNTY TRAVEL TO ATTEND THE FLORIDA ASSOCL4TION OF
COUNTIES 2009 LEGISLATIVE CONFERENCE AND THE CERTIFIED COUNTY
COMMISSIONERS PROGRAM...................................................................................3
8.C. APPROVAL OFENGINEERING FEES FOR FAST FOOD LLCDIBIA BURGER KING
AT STATE HIGHWAY 60 AND 58TH A VENUE.............................................................4
8.D. RETURN OF CERTAINPLEASANT RIDGE SCHOOL PROPERTY TO THE SCHOOL
BOARD OFINDL4NRIVER COUNTY.........................................................................4
$.E. CHANGE ORDER NO.9 FOR THE MAINRELIEF CANAL POLLUTION CONTROL
SYSTEM -PROJECT 0113........................................................................................5
8.E TRAFFIC CONTROL DEVICE LEDGER..................................................................... 5
8. G. WORK ORDER No. 15 (ENGINEERING/SURVEY, 43"A VENUEAND STATE ROAD
60 INTERSECTIONIMPROVEMENTS PROJECT, RIGHT-OF-WAY & LAND
ACQUISITION "MARKS MOBIL"PAR CEL BOUNDARYSURVEY, CARTER
ASSOCIATES, INC., IRCPROJECTNo. 0855, CONTINUING PROFESSIONAL
SURVEYING & MAPPING/GIS SERVICES CONTRACT 0725 ....................................5
8.H. WORK ORDER No. 8, (ENGINEERING/SURVEYING MASTELLER, MOLER, REED
AND TAYLOR, INC., IRCHIGH WATER MARKSURVEY, TROPICAL STORMFAY
IRCPROJECTN6.0846, CONTINUINGPROFESSIONALSURVEYING&
MAPPING/GIS SER VICES, CONTRACT 0725...........................................................6
8.I. WORK ORDER NO. 14, (ENGINEERING/SURVEYING) CARTER ASSOCIATES, INC.,
IRCHIGH WATERMARK SURVEY TROPICAL STORM FAYIRCPROJECT NO.
0846, CONTINUINGPROFESSIONAL SURVEYING & MAPPINGIGISSERVICES,
CONTRACT0725...................................................................................................... 7
8.J WORK ORDER No. 4, (ENGINEERING/SURVEYING MORGANEKL UND, INC., 53RD
STREET ROADWAYIMPROVEMENTS PROJECT, LAKE HYDROGRAPHIC
SURVEYINGAND MAPPING, INDL4NRIVER COUNTYPROJECT NO. 0107 ............. 7
8.K. FINAL PAYMENT TO MASTELLER AND MOLER, INC., CR 510 FORCE MAIN
REPLACEMENT UCP #2871....................................................................................8
8.L. APPROVAL OF STATE AND FEDERALLY FUNDED SUBGRANT AGREEMENT -
CONTRACTNUMBER 09-BG-03-10-40-01.............................................................8
2
October 14, 2008
8.M. APPROVAL TO ALLOW WORKFORCE DEVELOPMENT OF THE TREASURE COAST
TO OCCUPYSPACE IN THE OLD COUNTYHEALTHDEPARTMENT BUILDING....... 9
L'Kl]kiF►y1_YY_I1111_Y_[eZi`[:I 1[o1w y [o] 04 WyM►`lZlD]�/ SIR\i01 I g1►`M II:I 1I
AGENCIES- NONE...................................................................................9
10. PUBLIC ITEMS..........................................................................................9
IO.A. PUBLICHEARINGs..................................................................................................9
10.A. I. RYALL ACQUISITION GROUP, LLCS REQUEST TO REZONE APPROXIMATELY
585.57ACRES FROMA-1, AGRICULTURAL I (UP TO I UNIT/S ACRES, RS -3,
RESIDENTIAL SINGLE-FAMILY (UP TO 3 UNITS/ACRE, RM -3, RESIDENTIAL
MULTI -FAMILY (UP TO 3 UNITS/ACRE, RM -6, RESIDENTIAL MULTI -FAMILY
(UP TO 6 UNITS/ACRES, RM -8, RESIDENTIAL MULTI -FAMILY (UP TO 8
UNITS/ACRE, AND CONSERVATIONDISTRICT TO PLANNED DEVELOPMENT
TRADITIONAL NEIGHBORHOOD DESIGN (PD TND) AND OBTAIN CONCEPTUAL
PLANNED DEVELOPMENT PLANAPPROVAL FOR A PROJECT TO BE KNOWNAS
LIBERTYPARK (LEGISLATIVE) ...............................................................................9
10.B. PUBLICDISCUSSIONITEMS................................................................................. 17
10.B.1. REQUEST TO SPEAK FROMBRIANHEADYREGARDINGEXPENDITUREOFOUR
TAXDOLLARS....................................................................................................... 17
10.B.2. REQUEST TO SPEAK FROMEVERETTE BROWNREGARDING 43RDAVENUE... 18
10.B.3. REQUEST TO SPEAK FROMADRIENE CUFFE REGARDING 43" AVENUE ...... 18
10.C, PUBLIC NOTICE ITEMS - NONE............................................................................ 18
11. COUNTY ADMINISTRATOR'S MATTERS - NONE......................18
12. DEPARTMENTAL MATTERS.............................................................18
12.A. COMMUNITYDEVELOPMENT - NONE.................................................................. 18
12.B. EMERGENCYSERVICES - NONE........................................................................... 19
12. C GENERAL SER VICES - NONE................................................................................ 19
3
October 14, 2008
12.D. HUMANRESOURCES -NONE ............................................................................... 19
12.E. HUMANSERVICES -NONE ................................................................................... 19
12. F. LEISURE SER VICES - NONE.................................................................................. 19
12G. OFFICE OF MANAGEMENT AND B UDGET............................................................ 19
12. G.1. MISCELLANEOUS BUDGETAMENDMENT 001— GIFFORD AQUATIC CENTER
FUNDING.............................................................................................................. 19
12H. RECREATioN- NONE............................................................................................ 23
12.L PUBLIC WORKS - NONE........................................................................................ 23
12.J. UTILITIES SERVICES - NONE............................................................................... 23
13. COUNTY ATTORNEY MATTERS - NONE......................................23
14. COMMISSIONER ITEMS.....................................................................23
M.A. COMMISSIONER SANDRA L. BowDEN, CHAIRMAN- NONE ................................ 23
14.B. COMMISSIONER WESLEYS DA VIS, VICE CHAIRMAN - NONE ........................... 23
14. C. COMMISSIONER JOSEPH E. FLESCHER - NONE .................................................. 23
14.D. COMMISSIONER PETER D. O'BRYAN- NONE ...................................................... 23
14.E. COMMISSIONER GARY C. WHEELER - NONE ...................................................... 23
15. SPECIAL DISTRICTS AND BOARDS................................................24
15.A. EMERGENCY SERVICES DISTRICT - NONE.......................................................... 24
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE ........................................................ 24
15. C ENVIRONMENTAL CONTROL BOARD - NONE ...................................................... 24
16. ADJOURNMENT.....................................................................................24
4
October 14, 2008
October 14, 2008
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, 1801 27th Street, Vero Beach, Florida, on
Tuesday, October 14, 2008. Present were Chairman Sandra L. Bowden, Vice Chairman Wesley S.
Davis, and Commissioners Joseph E. Flescher, Peter D. O'Bryan, and Gary C. Wheeler. Also
present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and
Deputy Clerk Leona Adair Allen.
1. CALL TO ORDER
Chairman Bowden called the meeting to order at 9:00 a.m.
2. INVOCATION
Reverend Shelly Satran, Our Savior Lutheran Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Bowden led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS - NONE
1
October 14, 2008
events.
. ST14Iw10r_v0c13 Ly�.1» 11*1O Nr_v0c13. �
S.A. PRESENTATIONBY CHUCKMECHLING ON COUNTY COOPERATIVE
PROGRAM "SCREEN ON THE GREEN". AND 5THANNUAL INDIANRIVER
CO LINTY FIREFIGHTERS' CHILI COOK -OFF AT POINTE WEST
Chuck Mechling gave a PowerPoint presentation reflecting Pointe West's season
Lieutenant David Dangerfield, Indian River Fire Department, informed the Board
that the Firefighter's 5th Annual Chili Cook -off would be held October 25th at 3:00 p.m., at Pointe
West, and pointed out that the proceeds would go to numerous childcare resources.
6. APPROVAL OF MINUTES
6.A. PRELIMINARYBUDGET HEARING OF SEPTEMBER 3.2008
The Chairman asked if there were any additions, deletions or corrections to the
Preliminary Budget Hearing Minutes of September 3, 2008. There were none.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the Preliminary Budget Hearing Minutes of September 3,
2008, as written.
2
October 14, 2008
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION -
NONE
8. CONSENT AGENDA
8.A. APPROVAL OF WARRANTS AND WIRES —SEPT 26 TO OCT 2. 2008
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
list of Warrants and Wires as issued by the Clerk to the
Board for the time period of September 26, 2008 to October
2, 2008, as requested in the memorandum of October 2,
2008.
8.B. OUT OF COUNTY TRAVEL TO ATTEND THE FLORIDA ASSOCIATION OF
COUNTIES 2009 LEGISLATIVE CONFERENCE AND THE CERTIFIED
COUNTY COMMISSIONERS PROGRAM
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved
out of County travel for Commissioners to attend the
Florida Association of Counties 2009 Legislative
Conference in Volusia County from Wednesday,
November 19, 2008 until Friday, November 21, 2008, and
the Certified County Commissioners Program for future
3
October 14, 2008
dates to be announced, as recommended in the
memorandum of October 7, 2008.
8.C. APPROVAL OF ENGINEERING FEES FOR FAST FOOD LL C DIBIA
BURGER KING AT STATE HIGHWAY FO AND 58THAVENUE
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
Agreement for reimbursement of fees incurred by Fast
Food LLC, as recommended in the memorandum of
October 8, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.D. RETURN OF CERTAIN PLEASANT RIDGE SCHOOL PROPERTY TO THE
SCHOOL BOARD OFINDIANRIVER COUNTY
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously:
(1) approved the release of the current Unity of Title and
the creation of the new Unity of Title; and (2) authorized
the Chairman to execute the new Declaration of Unity of
Title, and the County Deed for recording in the proper
sequence, along with the Release, in the Public Records of
Indian River County by the County Attorney's Office, as
recommended in the memorandum of October 6, 2008.
COPY OF DEED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
4
October 14, 2008
$.E. CHANGE ORDER NO. 9 FOR THE MAINRELIEF CANAL POLLUTION
CONTROL SYSTEM — PROJECT 0113
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Change Order No. 9 with Lucas Marine Construction, LLC;
and authorized the Chairman to execute same, as
recommended in the memorandum of October 7, 2008.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.F. TRAFFIC CONTROL DEVICE LEDGER
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Resolution 2008-169, approving traffic control devices
authorized by the Director of Public Works.
8-G. WORK ORDER No. 15 (ENGINEERING/SURVEY), 43"A VENUE AND
STATE ROAD ()O INTERSECTIONIMPROVEMENTS PROJECT,
RIGHT-OF-WAY & LAND ACQUISITION "MARKS MOBIL "PARCEL
BOUNDARYSURVEY, CARTER ASSOCIATES, INC., IRCPRO.IECTNO.
0855, CONTINUING PROFESSIONAL SURVEYING & MAPPING/GIS
SERVICES CONTRACT 0725
5
October 14, 2008
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously:
(1) approved Work Order No. 15, authorizing the project as
outlined in the Scope of Services; and (2) authorized the
Chairman to execute same, as recommended in the
memorandum of October 3, 2008.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K WORK ORDER NO. 8. (ENGINEERING/SURVEYING) MASTELLER.
MoLER, REED AND TAYLOR, INC., IRCHIGH WATER MARKSURvEY.
TROPICAL STORM FAYIRC PROJECT No. 0846, CONTINUING
PROFESSIONAL SURVEYING & MAPPING/GIS SERVICES, CONTRACT
0725
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously:
(1) approved Work Order No. 8, authorizing the project as
outlined in the Scope of Services; and (2) authorized the
Chairman to execute same, as recommended in the
memorandum of September 29, 2008.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
C
October 14, 2008
8.1, WORK ORDER No. 14. (ENGINEERING/SURVEYING) CARTER
ASSOCIATES, INC., IRCHIGH WATER MARKSURVEY TROPICAL STORM
TAYIRCPROJECTNO. 0846, CONTINUING PROFESSIONAL SURVEYING
& MAPPING/GIS SERVICES. CONTRACT 0 72 5
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously:
(1) approved Work Order No. 14, authorizing the project as
outlined in the Scope of Services; and (2) authorized the
Chairman to execute same, as recommended in the
memorandum of September 29, 2008.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.J. WORK ORDER NO. 4, (ENGINEERING/SURVEYING) MORGAN EKLUND,
INC., 53RD STREET ROAD WAYIMPROVEMENTS PROJECT, LAKE
HYDROGRAPHIC SUR VEYINGAND MAPPING. INDIAN RIVER COUNTY
PROJECTNO. 0107
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously: (1)
approved Work Order No. 4, authorizing the project as
outlined in the Scope of Services; and (2) authorized the
Chairman to execute same, as recommended in the
memorandum of September 26, 2008.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7
October 14, 2008
8.K. FINAL PAYMENT TO MASTELLER AND MOLER, INC.. CR 510 FORCE
MAINREPLACEMENT UCP #2871
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously:
(1) approved final payment to Masteller & Moler, Inc., for
$171.60; and (2) authorized the Chairman to execute same,
as recommended in the memorandum of September 3,
11:
8.L. APPROVAL OF STATE AND FEDERALLY FUNDED SUBGRANT
AGREEMENT— CONTRACT NUMBER 09 -BG -03-10-40-01
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously:
(1) approved the FY 08/09 Emergency Management
Performance Grant (EMPA) portion of the State Funded
Subgrant Agreement (09 -BG -03-10-40-01); and (2)
authorized Director of Emergency Services John King, as
the Contract Manager for same, as recommended in the
memorandum of September 26, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8
October 14, 2008
8.M. APPROVAL TO ALLOW WORKFORCE DEVELOPMENT OF THE TREASURE
COAST TO OCCUPY,SPACE IN THE OLD COUNTYHEAL TH DEPARTMENT
BUILDING
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously:
(1) approved and allowed immediate occupancy of the
identified space within the Old Health Department
building; and (2) authorized the County Administrator to
execute a Lease on behalf of the Board of County
Commissioners, subject to the review and approval by the
County Attorney, and subject to a stipulated payment of
$270 per month, as recommended in the memorandum of
October 9, 2008.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. RYALL ACQUISITION GROUP, LLC'S REQUEST TO REZONE
APPROXIMATELY 585. S %ACRES FROMA-1, AGRICULTURAL I (UP TO I
UNIT/5 ACRES). RS -3. RESIDENTIAL SINGLE-FAMILY (UP TO 3
UNITS/ACRE), RM -3, RESIDENTIAL MULTI -FAMILY (UP TO 3
UNITS/ACRE), RM -6. RESIDENTIAL MULTI -FAMILY (UP TO 6
UNITS/ACRES), RM -8, RESIDENTIAL MULTI -FAMILY (UP TO 8
9
October 14, 2008
UNITS/ACRE). AND CONSERVATIONDISTRICT TO PLANNED
DEVELOPMENT TRADITIONAL NEIGHBORHOOD DESIGN (PD TND) AND
OBTAIN CONCEPTUAL PLANNED DEVELOPMENT PLANAPPROVAL FOR
A PROJECT TO BE KNOWNAS LIBERTYPARK (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Planning Director Stan Boling provided background information, and
through a Power Point presentation recapped the proposed rezoning sites and Conceptual PD Plans
for Liberty Park, a Planned Development Traditional Neighborhood Design (PDTND). He
detailed the main development site located at the southwest corner of 66th Avenue and CR510, and
the three remote sites (Breezy Village, 12th Street, and Indian River Boulevard) located throughout
the County. He explained how PDTND's are specifically governed by policies in the County's
Comprehensive Plan, and how it encourages developers to build these types of projects.
Director Boling detailed the Planned Development process, aerial site maps,
Planned Development waivers, phasing and traffic improvements, buffer and pedestrian plans,
traffic circulation plans, Traditional Neighborhood Design (TND) criteria, dedication and
improvements, and public benefits.
Director Boling pointed out that the Planning and Zoning Commission (PZC) had
recommended, by a vote of 5-2, approval with conditions (see pages 197 to 200 of Backup), to
include the exception of limiting the 12th Street Park site to a "passive park" (see page 199 of
Backup). Staff recommended the Board approve the requested rezoning and Conceptual PD Plan
for Liberty Park, and include the conditions listed in staff's report.
10
October 14, 2008
Commissioner O'Bryan wanted to know how people would cross 66th Avenue to
gain access to the park from the western parcel. Director Boling advised that since the road is so
busy, it would be best to cross at a signalized street - either 81St Street or CR 510.
The Chairman opened the public hearing.
Andrew Kennedy, 3001 Ocean Drive, Development Consultant with P&S
Properties, introduced his project team members, and read a supportive letter from Professor Bruce
Stephenson, Rollins College, who was not able to attend today's meeting (copy on file).
Todd Bonnett, Maitland, Florida, Architect and Planner, Bonnett Design Group,
addressed the Traditional Neighborhood Design (TND) aspects of the project.
Brian Curley, 4101 Ocean Drive, Development Consultant with P&S Properties,
through a PowerPoint presentation highlighted the benefits to the infrastructure, community,
employment, and public.
Richard Baker, President of the Audubon Society, felt the plan was good but not
the location. Using a PowerPoint presentation (copy on file), he recapped the reasons for opposing
this project. He explained how the Liberty Park Development proposal extends beyond the Urban
Service Line; felt that it sets a bad example since it would open the door for the development of
agricultural lands; and said that it illustrates a conflict between the Land Development Regulations
and the Comprehensive Plan.
The following speakers opposed the Liberty Park Project, expressed their reasons,
and urged the Board to reject the project:
Rene Renzi, Waverly Place.
11
October 14, 2008
Susan Thomasson, 8275 105th Avenue, President of Vero Lake Estate Property
Owners' Association.
Russell Harmon, Sebastian, representing Friends of the St. Sebastian River.
Jens Tripson, Vero Beach.
Florence Clause, 83rd Avenue.
Honey Minuse, Vero Beach, acknowledged that Dr. Baker's presentation was
endorsed by the Board of Directors of the Indian River Neighborhood Association.
Everette Brown, 4236 11th Street.
Marian Carpenter, 1300 Shorewinds Lane.
The following speakers supported the Liberty Park Project, expressed their reasons,
and urged the Board to approve the project:
League.
Joe Paladin, President of Black Swan Consulting.
Nancy Offutt, Vero Beach, represented the Treasure Coast Builders Association.
Chuck Mechling, 1999 Pointe West Way.
Bruce Barkett, Law office at 756 Beachland Boulevard.
Tanya Tillman, 75th Court.
Jeff Thompson, Vero Beach.
Christine Horrocks, 4625 5th Place, represented Vero Beach American Little
Peggy Thompson, Vero Beach.
Alastair Kennedy, Medical Practitioner, Chief of Staff of the Rehabilitation
Hospital, and Community Board member for a branch of the Florida State University Medical
School.
Eugene Douglas, President of the West Wabasso Civic Progressive League, said
that if the project would benefit the people in West Wabasso, then he would support it.
12
October 14, 2008
There were no additional speakers, and the Chairman closed the public hearing.
Vice Chairman Davis wanted to know if there was public access intent or a
management plan for privately owned and maintained conservation areas.
Director Boling clarified that staff had not planned for access, but felt that it could be
considered as the next step in the process. He reviewed the stormwater timing triggers for the
County; the buffering between Powerline Road and the commercial development area; schematics
of the multi-purpose fields adjacent to the Douglas Subdivision; the dedication of the park and fire
station sites in Phase I, and improvements to the park in Phase II.
Vice Chairman Davis supported staff's decision to develop the 12th Street property
to active recreation, and wished to see it moved up to an earlier phase.
Chairman Bowden called a recess at 10:54 a.m. and reconvened the meeting at 11:07
a.m. with all members present.
Commissioner Wheeler asked if there would be a third TND project, and Director
Boling confirmed that "Sunny Side Up" is proposed to be near the Indian River Mall, and that the
entire site would be inside the Urban Service Line.
In response to Commissioner Wheeler's query, Director Boling explained the 60%
calculation which is based upon the land use designation, and clarified the transfer of units for
Breezy Village, Indian River Boulevard, and 12th Street sites. He spoke about the timing of project
dedication sites, density, and the logic for residential/commercial development.
13
October 14, 2008
Commissioner O'Bryan did not believe the potential Fire Station/EM S site would be
an ideal location since the property is classified as native uplands/wetlands, and he stressed its
preservation.
Director Boling and Mr. Kennedy discussed the concept of the proposed site,
saying that it is large enough to move the building footprint around, in order to stay out of the
uplands/wetlands area, and that it had been decided after speaking to Director of Emergency
Services, John King, that the Fire Station should not be moved into the park.
In response to Commissioner O'Bryan's queries, Director Boling told how the
Comprehensive Plan assigns two densities when developing on sites versus transferring offsite;
and reiterated the 60% rule as it applied to the 18.3 acre project.
Commissioner O'Bryan voiced concern that this project, with all the intent, uses,
and densities outside the Urban Service areas, does not conform to Objective 18 (see page 185 of
Backup). Community Development Director Bob Keating referenced the 60% rule that Director
Boling spoke about, and divulged that had the intensity been put inside the Urban Service area
(Ryall Park's location) it would not have been a suitable design because it would not have
facilitated pedestrian access. He acknowledged that the project, as designed and recommended,
completely corresponds and is consistent with Objective 18.
Commissioner O'Bryan voiced further concern over the placement and maintenance
of the parks; the affordable cost of housing in the community; and the intrusion into AG land.
Commissioner Flescher disclosed that he had reviewed the documentation for this
project; visited Baldwin Park (by which this project is mirrored) to watch the project progress;
spoke with staff, and wanted to move forward.
14
October 14, 2008
Chairman Bowden said she had met with staff yesterday, and all her questions had
been answered. For the record, she acknowledged that Liberty Park would be about 90% of the
size of Waterway Village, with about 60% of the density.
MOTION WAS MADE by Vice Chairman Davis
SECONDED by Commissioner Flescher, for discussion, to
approve staff's recommendation.
Commissioner O'Bryan liked the project and design but wished that it had been
approved six years ago. He said he understood the community's need to start vertical construction
and the jobs it might create, but also felt the need to look at the County's "busted subdivisions"
with empty and foreclosed homes. He voiced concern that the community would not receive
benefits from the 12th Street Park until Phase III, in the year 2019. Commissioner O'Bryan
reiterated issues with the Comprehensive Plan, saying that he did not believe the project was
"partially outside the Urban Service area," nor did he feel it meets the intent of Objective 18,
which is to concentrate density and intensity inside the Urban Service area.
Commissioner Flescher supported the plan and felt the County should plan for the
future by assuring sustainability within the economy. He emphasized the developer's success rate;
reminded the Board that the developer is local; and acknowledged that the project would provide
local jobs.
Vice Chairman Davis supported the project. He debated the Urban Service
Boundary and the services/standards of this project with the developments of Sebastian Highlands
and Vero Lake Estates. He told how staff had agreed with him that properties adjacent to the
Urban Service Boundary could tap into them, which is no different than churches, schools or
residents that are adjacent to the boundary. He recognized the community's need for more
commercial on the corner of 66th Avenue and CR510, considering the number of residential lots
15
October 14, 2008
adjacent to said area. Vice Chairman Davis believes that the Liberty Park project will contribute to
the community's services and the County's quality of life; unlike the "backdoor subdivisions" that
have been coming in as bare minimum subdivisions, doing little for the community, draining the
community's services, and not contributing to the residential quality of life.
Commissioner Wheeler acknowledged the pros and cons of the project. He echoed
Vice Chairman Davis's "backdoor subdivision" comments, and felt that the positives needed to be
weighed against what already exists in the community (empty houses, huge inventories, vacant
lots, bankruptcies, and a declining building industry). He believed the project has merit, but
thought the County should expand when the need arises since there is a tremendous amount of
property inside the Urban Service Line that has not yet been developed. He acknowledged that the
PD allows for latitude and judgment, but that it could weaken an already weakened economy, due
to the building industry, inventory, empty houses, and bankruptcies. In conclusion, he emphasized
that the County needs to develop this type of neighborhood within the Urban Service Line.
Chairman Bowden supported the project on its merits, and believed it to be a
traditional neighborhood design (TND) with exceptional quality. She felt it would enhance the
community, set a standard, and best of all, would be developed by a "hometown group."
The Chairman CALLED THE QUESTION and by a vote
of 3-2 (Commissioner's O'Bryan and Wheeler opposed)
the Motion carried. The Board adopted Ordinance
2008-017, amending the Zoning Ordinance and the
accompanying Zoning Map for approximately 510.83 acres
of land generally located on the south side C.R. 510 (85th
Street) and on both the east and west sides of 66th Avenue
(also known as the Liberty Park Project Main Property)
from A-1, Agricultural (up to 1 unit/5 acres), RS -3
16
October 14, 2008
Residential Single Family (up to 3 units/acre), RM -3
Residential Multi -Family, (up to 3 units/acre), to PDTND,
Planned Development Traditional Neighborhood Design
(up to 2 units/acre); for approximately 40.20 acres located
on 99th Street west of US 1 (also known as the first remote
property "Breezy Village") from RM -6 Residential
Multi -Family (up to 6 units/acre), to PD (Conservation); for
approximately 18.90 acres located at 12th Street and 58th
Avenue (also known as the second remote property) from
A-1, Agricultural (up to 1 unit/5 acres), to PD (Community
Service/Recreation); and for approximately 15.64 acres
located east of Indian River Boulevard at 37th Street (also
known as the third remote site) from RM -8 Residential
Multi -Family (up to 8 units/acre)/ CON -2, Estuarine
Wetland Conservation District, (up to 1 unit/40 acres), to
PD (Conservation).
1O.B. PUBLICDISCUSSIONITEMS
10.B.1. REOVESTTOSPEAK FROMBRIANHEADYREGARDINGEXPENDITURE
OF OUR TAX DOLLARS
Brian Heady was not in attendance.
17
October 14, 2008
10.B.2. REQUEST TO SPEAKFROMEVERETTE BROWNREGARDING 43"
AVENUE
Everette Brown, 4236 11th Street, wanted the Board to move forward with the
Murphy Reservation Release. He pointed out that the "Notice to Owners" on 43`d Avenue, in
accordance with Resolution 2008-139, should have already been sent out, but was not. He voiced
concern as to why the County had not yet entered into negotiations for the 43rd Avenue widening
project.
Commissioner Wheeler wanted to know when the Murphy Deed presentation would
be on the Agenda.
Administrator Baird acknowledged that staff was currently gathering information
and that it would be presented in a few weeks.
NO ACTION REQUIRED OR TAKEN
10.B.3. REO UEST TO SPEAK FROMADRIENE CUFFE REGARDING 43RD A VENUE
Adriene Cuffe was not in attendance.
10.C. PUBLIC NOTICE ITEMS - NoNE
11. COUNTY ADMINISTRATOR'S MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITYDEVELOPMENT - NONE
18
October 14, 2008
12.B. EMERGENCYSERVICES - NONE
12. C GENERAL SERVICES - NONE
12.D. HUMANRESOURCES - NONE
12.E. HUMANSER VICES - NONE
12.F. LEISURE SERVICES - NONE
12.G. OFFICE OFMANAGEMENT AND BUDGET
12.G.1. MISCELLANEOUS BUDGET AMENDMENT 001 — GIFFORD AQUATIC
CENTER FUNDING
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan, to accept staff's
recommendation as presented.
There was a brief discussion regarding workforce reductions, shifting lifeguards
between facilities, and funding concerns.
Commissioners Flescher and O'Bryan debated whether it would be appropriate to
use the donations received by the community to reopen the Gifford pool.
19
October 14, 2008
Commissioner Flescher wanted 50% of the donations to open the pool and 50% to
go towards marketing, brochures, programs, and scholarships.
Freddie Woolfork, 4590 57th Avenue, reiterated that the 5 -Point Plan, which was
approved at the October 7, 2008 Board of County Commission Meeting, was a plan of action with
no funding mechanism tied to it. He said that some of the donors wanted their money to be used to
keep the pool open while others gave unrestrictedly. He proposed using half of the funds to keep
the pool open, and the other half to set up a discretionary fund (under the County's control) for
legitimate requests, programs, scholarships, and marketing.
Administrator Baird pointed out that there had been confusion after the October 7th
meeting. He said the motion had been to take funding from contingency, but after a confusing
discussion about moving people, money and recreation, staff did not know which direction to take.
Commissioner Wheeler emphasized that the money was given to keep the pool
open, and he thought the appropriate thing to do with the funds would be to contact the individuals
and have them specify if they want the money to be used for keeping the pool open, or for
something else. He did not want to take money out of contingency since the County has already
been operating under the new budget.
Chairman Bowden believed that since the money was solicited for keeping the pool
open, it should be used for such.
Commissioner Flescher divulged the he had spoken to the major benefactors and
was informed that the funds should go wherever needed, in order to get the pool re -opened. He
believed that moving forward with Alternative 1 would be contradictory to the original motion.
20
October 14, 2008
Commissioner Wheeler proposed using the funds as Objective One, and initiating a
separate fund for other needs.
John Mitchell, Indian River Shores, explained that the intent for the funds was to
re -open the pool and he felt that the funds he donated, as well as those he solicited, could be used as
the Gifford community saw fit. He suggested splitting the funds.
Chairman Bowden told Mr. Mitchell that she would side with him based on what he
has done for the Gifford community in years past.
Attorney Collins informed the Board that there would be a problem if the donations
were restricted, or the language on the checks identified a particular purpose for the money. He
told the Board that they have discretion as to how to use the funds.
Commissioner O'Bryan voiced concern over the requested marketing plan. He
suggested taking the donations, opening the pool, use the $1,000 surplus to start a marketing plan,
and to come back for evaluation.
Vice Chairman Davis wanted to split the money - half to open the pool, and the
remainder to go to the Gifford Pool fund. He wanted the community to manage and evaluate the
plan with Mr. Woolfork's leadership.
The Chairman CALLED THE QUESTION and by a vote
of 2-3 (Chairman Bowden and Commissioners Davis and
Flescher opposed), the MOTION FAILED.
21
October 14, 2008
MOTION WAS MADE by Vice Chairman Davis, to:
(1) open the pool and extend the hours, by using half the
money that was raised; and (2) with the remaining half,
verify approval (in writing) and cut the donors a check.
There was no SECOND, and the MOTION DIED.
Attorney Collins acknowledged that contacting the donors who made donations
would take time.
Chairman Bowden and Vice Chairman Davis felt the verification process could be
accomplished in a timely manner.
Commissioner Wheeler wanted to give the $11, 697 to the Gifford Pool fund, and
take the money to operate the pool from the recreation fund. Vice Chairman Davis supported
Commissioner Wheeler and made a new Motion.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner Flescher, to re -open the
Gifford Activity Center pool under flexible hours, with the
proposed 5 -Point Plan, and funding coming from the
recreation funds.
Administrator Baird confirmed that the funds would come from recreation funds,
not contingency funds, as motioned in the October 7, 2008 Board of County Commission meeting.
The Chairman CALLED THE QUESTION and by a vote
of 3-2 (Commissioners O'Bryan and Wheeler opposed) the
Motion carried. The Board approved to re -open the Gifford
22
October 14, 2008
Activity Center pool under flexible hours, with the
proposed 5 -Point Plan, and funding coming from recreation
funds.
There was a brief discussion regarding Administrator Baird returning the donation
checks with an explanation letter.
12.H. RECREATION - NONE
12.L PUBLIC WORKS- NONE
12..J. UTILITIES SERVICES - NONE
13. COUNTY ATTORNEY MATTERS - NONE
14. COMMISSIONER ITEMS
14.A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN- NONE
14.B. COMMISSIONER WESLEYS. DAVIS• VICE CHAIRMAN -NONE
14. C. COMMISSIONER .JOSEPH E. FLESCHER - NONE
14. D. COMMISSIONER PETER D. 0 (BRYAN - NONE
14.E. COMMISSIONER GARY C. WHEELER - NONE
23
October 14, 2008
UB( 13 2 bC 020
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCYSERVICES DISTRICT- NONE,
15.B. Som WASTE DISPOSAL DISTRICT -NONE,
15.0 ENVIRONMENTAL CONTROL BOARD -NONE,
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16.
12:35 p.m.
ADJOURNMENT
There being no ftirther business, the Chairman declared the meeting adjourned at
ATTEST:
By
Jeffrey K. lKarton, Clerk
DEC 16 2008
Minutes Approved:
BCC/LAA/2008Minutes
24
October 14, 2008
es ey S. avis, ice Chairman
For: Sandra L. Bowden, Chairman
1K 135 P0055