HomeMy WebLinkAbout10/19/2004
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF OCTOBER 19, 2004
1.CALL TO ORDER ........................................................................................................1
2.INVOCATION ..............................................................................................................1
3.PLEDGE OF ALLEGIANCE .......................................................................................1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS..................1
5.PROCLAMATIONS AND PRESENTATIONS...........................................................2
5.A. PCMVCIR
RESENTATION TO OMMISSIONER ACHT BY THE ETERANS OUNCIL OF NDIAN IVER
C ...........................................................................................................................2
OUNTY
6.A.APPROVAL OF MINUTES – SPECIAL MEETING OF SEPTEMBER 8, 2004 ......3
6.B.APPROVAL OF MINUTES – REGULAR MEETING OF SEPTEMBER 14, 2004 .3
6.C.APPROVAL OF MINUTES – SPECIAL MEETING OF SEPTEMBER 15, 2004 ....4
6.D.APPROVAL OF MINUTES – REGULAR MEETING OF SEPTEMBER 21, 2004 .4
6.E.APPROVAL OF MINUTES – SPECIAL MEETING OF SEPTEMBER 22, 2004 ....4
7.CONSENT AGENDA ....................................................................................................5
7.A. PDMN,2004NE
ROCLAMATION ESIGNATING THE ONTH OF OVEMBER AS ATIONAL PILEPSY
AM ........................................................................................................5
WARENESS ONTH
7.B. AW ............................................................................................5
PPROVAL OF ARRANTS
7.C. ECHB–D.JJ.WRD.E.J.
NVIRONMENTAL ONTROL EARING OARD R OHN ITTE TO EPLACE R
V...............................................................................................................................5
ANN
OCTOBER 19, 2004 1
7.D. O--CT–FACL
UTOFOUNTY RAVEL LORIDA SSOCIATION OF OUNTIES EGISLATIVE
C–S,F–D1-3,2004–AC ........5
ONFERENCE ARASOTA LORIDA ECEMBER LL OMMISSIONERS
7.E. PVC-RC ....................................................6
AYMENTS TO ENDORS OF OURTELATED OSTS
7.F. R2004-126CTCAP–O
ESOLUTION ANCELING AXES ON OUNTY CQUIRED ROPERTY SLO
RCA(ORCA)SL(AP) .......................6
OAD ONSERVATION REA OUTH INK RENDAS ROPERTY
7.G. B#6003–JTSSP–RAB
ID UNGLE RAIL HORELINE TABILIZATION ROJECT EJECT LL IDS AND
R-B ............................................................................................................................6
EID
7.H. CEEF–MU
OUNTY XTENSION DUCATIONAL ACULTY EMORANDUM OF NDERSTANDING WITH
FCES,IFA
LORIDA OOPERATIVE XTENSION ERVICE NSTITUTE OF OOD AND GRICULTURAL
S,UF .................................................................................7
CIENCES NIVERSITY OF LORIDA
7.I. S–SAC–FDLE
HERIFF UBSTANCE BUSE OUNCIL LORIDA EPARTMENT OF AW NFORCEMENT
FY2004-05BSLLEG ...............................7
YRNE TATE AND OCAL AW NFORCEMENT RANTS
7.J. R2004-127ASPTJ
ESOLUTION UTHORIZING A UPPLEMENTAL UBLIC RANSPORTATION OINT
PAFDT(C
ARTICIPATION GREEMENT WITH LORIDA EPARTMENT OF RANSPORTATION OUNCIL
ASTS) .........................................................................8
ON GING ATURDAY RANSIT ERVICE
7.K. GACDBGHR
IFFORD REA OMMUNITY EVELOPMENT LOCK RANT OUSING EHABILITATION
P–MWP–DCA ........8
ROJECT ODIFICATION OF ORK LAN EPARTMENT OF OMMUNITY FFAIRS
8.SUPERVISOR OF ELECTIONS KAY CLEM – AGREEMENT FOR RECEIPT
AND USE OF VOTER EDUCATION FUNDS (DEPARTMENT OF STATE,
DIVISION OF ELECTIONS) .......................................................................................9
9.A.1.PUBLIC HEARING – ORDINANCE 2004-031 – PREMIER CITRUS – REZONE
77.43 ACRES FROM A-1 TO RS-3 (RZON 2003 110240-38608)
(QUASI-JUDICIAL) ................................................................................................... 10
9.A.2.PUBLIC HEARING – ORDINANCE 2004-032 – INDIAN RIVER INVESTMENT
OF CENTRAL FLORIDA – REZONE 40.19 ACRES FROM RMH-8 TO RM-6
(RZON 2004 030129-42017) (QUASI-JUDICIAL) ..................................................... 12
OCTOBER 19, 2004 2
9.A.3.PUBLIC HEARING – ORDINANCE 2004-033 – JEANNETTE M. LIER TRUST –
REZONE 20.48 ACRES FROM A-1 TO RS-6 RS-3 AND 3.4 ACRES FROM A-1 TO
CON-2 (RZON 2004 020120) (QUASI-JUDICIAL) ................................................... 14
9.A.4.PUBLIC HEARING – TRIPSON TRAIL PD – BAHIA HONDA REAL ESTATE
INVESTMENTS III, LLC – (SOUTH COUNTY INITIATIVE) CONCEPTUAL
PLANNED DEVELOPMENT SPECIAL EXCEPTION USE APPROVAL
(PD-04-04-07 – 2001 010106-38556) (LEGISLATIVE) .............................................. 18
9.A.5.PUBLIC HEARING – MILLSTONE LANDING - SHELBY HOMES (JOBAR
FARMS AND ROBERT D. TRIPSON) – (SOUTH COUNTY INITIATIVE)
CONCEPTUAL PLANNED DEVELOPMENT SPECIAL EXCEPTION USE
APPROVAL (PD-04-04-08 2003 100068-38573) (LEGISLATIVE).......................... 22
9.B.1.PUBLIC DISCUSSION ITEM – NORTH BEACH CIVIC ASSOCIATION –
APPEAL OF PLANNING AND ZONING COMMISSION DECISION TO
APPROVE THE OCEAN SANDS PRELIMINARY PD (FLORIDA BEACH
RESORT \[DISNEY\]) (PD-04-07-11 2003 040058-39964) ........................................... 25
9.B.2.PUBLIC DISCUSSION ITEM - TOM CIANCIA – REGARDING IMPACT FEES
APPLIED IN VERO BEACH ..................................................................................... 25
9.B.3.PUBLIC DISCUSSION ITEM – RICHARD A. FERRETTI, JR. – RIGHT OF
ENTRY AGREEMENT AS IT RELATES TO REMOVAL OF DEBRIS ............... 25
9.B.4.PUBLIC DISCUSSION ITEM – DIAN GEORGE – ROAD WIDENING PROJECTS
AND THEIR STATUS ................................................................................................ 26
9.C.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON
NOVEMBER 2, 2004 ................................................................................................... 27
9.C.1. A.PGPW–RMPW
OLO ROUNDS AT OINTE EST EQUEST TO ODIFY OINTE EST
CPDPAGWPG(L) .. 27
ONCEPTUAL LAN TO LLOW ATES ITHIN THE OLO ROUNDS EGISLATIVE
OCTOBER 19, 2004 3
11.A.1. PUBLIC DISCUSSION ITEM – NORTH BEACH CIVIC ASSOCIATION –
APPEAL OF PLANNING AND ZONING COMMISSION DECISION TO
APPROVE THE OCEAN SANDS PRELIMINARY PD (MGD DEVELOPMENT
GROUP LLC) (FLORIDA BEACH RESORT \[DISNEY\]) (PD-04-07-11 2003
040058-39964) .............................................................................................................. 27
11.B.1.DISASTER RELIEF FUNDING AGREEMENT – HURRICANE FRANCES –
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)– DEPARTMENT
OF STATE, DIVISION OF EMERGENCY MANAGEMENT ................................ 35
11.B.2.DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF EMERGENCY
MANAGEMENT – STATE AND FEDERALLY FUNDED SUBGRANT
AGREEMENT – EMERGENCY MANAGEMENT PREPAREDNESS AWARD
AND EMERGENCY PREPAREDNESS GRANT (CONTRACT
#05BG-04-10-40-01) ..................................................................................................... 36
11.C.1.ARCHITECTURAL CONTINUING SERVICES CONTRACTS (1)
EDLUND-DRITENBAS-BINKLEY ARCHITECTS, (2) DONADIO &
ASSOCIATES ARCHITECTS, AND (3) STARMER RINALDI ARCHITECTS ... 37
11.C.2.SHERIFF – IMPROVEMENTS TO REPAIR OFFICE DAMAGE (HURRICANES
FRANCES AND JEANNE) – UPGRADE AIR CONDITIONING SYSTEM – MID
STATE MECHANICAL AND JOHNSON CONTROLS .......................................... 37
11.E.1.TREASURE COAST HOMELESS SERVICES COUNCIL – ANNUAL BUDGET
GRANT CHANGE IN STATUS TO QUASI-NONPROFIT (RICHARD STARK –
LOUISE HUBBARD) .................................................................................................. 38
OCTOBER 19, 2004 4
11.I.1.PROFESSIONAL SERVICE AGREEMENTS – RENEWAL OF ANNUAL LAND
SURVEY SERVICES CONTRACT – 2004-05 (1) BURDETTE & ASSOCIATES, (2)
CREECH ENGINEERS & ASSOCIATES, (3) CARTER ASSOCIATES, INC., (4)
KIMLEY-HORN & ASSOCIATES, INC., (5) MASTELLER, MOLER & REED,
INC., AND (5) MORGAN & EKLUND, INC. ............................................................ 40
11.I.2.PELICAN ISLAND NATIONAL WILDLIFE REFUGE UPLAND RESTORATION
PROJECT – PROJECT #0386 – SITEWERKS, INC. CHANGE ORDER NO. 2 ... 40
11.I.3.CR-510 PROJECT DEVELOPMENT AND ENVIRONMENT STUDY – REVISED
COST SHARE AGREEMENT WITH FLORIDA DEPARTMENT OF
TRANSPORTATION (RESOLUTION 2004-028 DATED MARCH 16, 2004) ........ 41
11.I.4.BLUE CYPRESS LAKE PARK MANAGEMENT AGREEMENT AMENDMENT –
JONEAL MIDDLETON – 5-YEAR EXTENSION .................................................... 42
11.J.1.GOPHER TORTOISE INVESTIGATION AND RELOCATION AT PROPOSED
UTILITIES OPERATIONS AND MAINTENANCE SITE – AMENDMENT #2 TO
WORK ORDER #1 WITH BROWN & CALDWELL, INC. .................................... 42
11.J.2.TELEMETRY SYSTEM UPGRADE – DATA FLOW SYSTEMS – BID #6083 ..... 43
11.J.3.UNITED STATES EMERGENCY PREPAREDNESS EMERGENCY RESPONSE
PLAN (ERP) – WORK AUTHORIZATION #2 – CDM, INC. – FINAL PAYMENT
...................................................................................................................................... 43
DOCUMENTS TO BE ADDED TO THE RECORD – (1) DODGERTOWN EXCHANGE
OF PROPERTY – (2) HURRICANES FRANCES AND JEANNE EMERGENCY
ORDER 2004-11 – (3) EMERGENCY CONTRACT WITH COASTAL SERVICES
OF FLORIDA, LLC REGARDING REMOVAL OF HURRICANES FRANCES
AND JEANNE GENERATED MULCH .................................................................... 44
OCTOBER 19, 2004 5
14.A.EMERGENCY SERVICES DISTRICT ..................................................................... 45
14.B.SOLID WASTE DISPOSAL DISTRICT ................................................................... 45
14.C.ENVIRONMENTAL CONTROL BOARD ................................................................ 45
OCTOBER 19, 2004 6
October 19, 2004
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
th
Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday,
October 19, 2004, at 9:00 a.m. Present were Caroline D. Ginn, Chairman; Arthur R. Neuberger,
Vice Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Kenneth R. Macht.
Also present were Joseph Baird, County Administrator; William G. Collins II, County Attorney;
Kimberly Massung, Executive Aide to the Board; and Patricia “PJ” Jones, Deputy Clerk.
1. CALL TO ORDER
Chairman Ginn called the meeting to order.
2. INVOCATION
Pastor Roger Ball, Immanuel Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Lowther led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Ginn requested the following changes to today’s Agenda:
OCTOBER 19, 2004 1
1.Add additional backup for Item 9.A.3., Public Hearing – Jeannette M. Lier
Trust – Rezone 20.48 Acres from A-1 to RS-6 and 3.4 Acres from A-1 to
CON-2.
2.Add additional backup for Item 9-B-1., Public Discussion Item – North Beach
Civic Association – Appeal of Planning and Zoning Commission Decision to
Approve the Ocean Sands Preliminary PD (MGD Development Group LLC)
(Florida Beach Resort \[Disney\]) and move to Item 11.A.1., Departmental
Matters, Community Development.
3.Add Item 11.C.2., Sheriff – Improvements to Repair Office Damage
(Hurricanes Frances and Jeanne) – Upgrade Air Conditioning System – Mid
State Mechanical and Johnson Controls.
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
made the above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PCMVC
RESENTATION TO OMMISSIONER ACHT BY THE ETERANS OUNCIL OF
IRC
NDIAN IVER OUNTY
John Michael Matthews,
President of the Veterans Council of Indian River County,
stated that the Council is proud to honor Commissioner Macht who has been a dedicated supporter
of the Veterans Council’s events. He has served as an advisor for veterans in the classroom
programs, the history and patriotism educational van, the shooting competition, and has spoken at
numerous events. The Council is grateful for his time and wisdom.
Mr. Mathews
then presented a plaque to Commissioner Macht.
Commissioner Macht thanked the Council but expressed his view that the thanks should be
going in the opposite direction from not only the community, but the whole nation, as we would
not be sitting here practicing democracy without the veterans who make it possible. He did
OCTOBER 19, 2004 2
promise that the Navy veterans will wipe out the Marine veterans at the shooting match and
remarked that the Navy did not have as many guns as the Marines, but the Navy’s guns were
considerably larger.
Mr. Matthews
invited everyone to the Veterans Day services at an unimproved area near
Memorial Island, which suffered major damage in the hurricanes. We will be able to see the
th
flagpole from the site and the service will begin at 10:00 a.m. on November 11.
6.A. APPROVAL OF MINUTES – SPECIAL MEETING OF SEPTEMBER
8, 2004
The Chairman asked if there were any corrections or additions to the Minutes of the Special
Meeting of September 8, 2004. There were none.
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Lowther, the Board unanimously
approved the Minutes of the Special Meeting of
September 8, 2004, as written and distributed.
6.B. APPROVAL OF MINUTES – REGULAR MEETING OF
SEPTEMBER 14, 2004
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of September 14, 2004. There were none.
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Lowther, the Board unanimously
approved the Minutes of the Regular Meeting of
September 14, 2004, as written and distributed.
OCTOBER 19, 2004 3
6.C. APPROVAL OF MINUTES – SPECIAL MEETING OF SEPTEMBER
15, 2004
The Chairman asked if there were any corrections or additions to the Minutes of the Special
Meeting of September 15, 2004. There were none.
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Lowther, the Board unanimously
approved the Minutes of the Special Meeting of
September 15, 2004, as written and distributed.
6.D. APPROVAL OF MINUTES – REGULAR MEETING OF
SEPTEMBER 21, 2004
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of September 21, 2004. There were none.
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Lowther, the Board unanimously
approved the Minutes of the Regular Meeting of
September 21, 2004, as written and distributed.
6.E. APPROVAL OF MINUTES – SPECIAL MEETING OF SEPTEMBER
22, 2004
The Chairman asked if there were any corrections or additions to the Minutes of the Special
Meeting of September 22, 2004. There were none.
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Lowther, the Board unanimously
OCTOBER 19, 2004 4
approved the Minutes of the Special Meeting of
September 22, 2004, as written and distributed.
7.CONSENT AGENDA
Chairman Ginn asked to separate Item 7.K. for discussion.
7.A. PDMN,2004
ROCLAMATION ESIGNATING THE ONTH OF OVEMBER AS
NEAM
ATIONAL PILEPSY WARENESS ONTH
The Chairman entered the Proclamation on the record.
7.B. AW
PPROVAL OF ARRANTS
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
approved the list of Warrants as issued by the Clerk to
the Board for October 1-7, 2004, as requested.
7.C. ECHB–D.JJ.W
NVIRONMENTAL ONTROL EARING OARD R OHN ITTE TO
RD.E.J.V
EPLACE R ANN
The Board noted the appointment for the record.
7.D. O--CT–FAC
UTOFOUNTY RAVEL LORIDA SSOCIATION OF OUNTIES
LC–S,F–D1-3,2004–
EGISLATIVE ONFERENCE ARASOTA LORIDA ECEMBER
AC
LL OMMISSIONERS
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
OCTOBER 19, 2004 5
approved out-of-County travel for all Commissioners to
attend the annual Florida Association of Counties
Legislative Conference in Sarasota County, December
1-3, 2004, as recommended in the memorandum.
7.E. PVC-RC
AYMENTS TO ENDORS OF OURTELATED OSTS
NO ACTION REQUIRED OR TAKEN.
.
7.F. R2004-126CTCAP
ESOLUTION ANCELING AXES ON OUNTY CQUIRED ROPERTY
–ORCA(ORCA)SL(A
SLO OAD ONSERVATION REA OUTH INK RENDAS
P)
ROPERTY
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
adopted Resolution 2004-126 canceling certain taxes
upon publicly owned lands, pursuant to Section 196.28,
Florida Statutes (Oslo Riverfront Conservation Area
(ORCA) South Link a/k/a Arendas).
7.G. B#6003–JTSSP–R
ID UNGLE RAIL HORELINE TABILIZATION ROJECT EJECT
ABR-B
LL IDS AND EID
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
rejected the bids and directed staff to re-bid the project,
as recommended in the memorandum.
OCTOBER 19, 2004 6
7.H. CEEF–M
OUNTY XTENSION DUCATIONAL ACULTY EMORANDUM OF
UFCES,
NDERSTANDING WITH LORIDA OOPERATIVE XTENSION ERVICE
IFAS,UF
NSTITUTE OF OOD AND GRICULTURAL CIENCES NIVERSITY OF LORIDA
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
approved the Memorandum of Understanding with the
Florida Cooperative Extension Service, Institute of
Food and Agricultural Sciences, University of Florida
(IFAS), as recommended in the memorandum.
MU
EMORANDUM OF NDERSTANDING IS ON
FOCB
ILE IN THE FFICE OF THE LERK TO THE OARD
7.I. S–SAC–FDL
HERIFF UBSTANCE BUSE OUNCIL LORIDA EPARTMENT OF AW
EFY2004-05BSLLE
NFORCEMENT YRNE TATE AND OCAL AW NFORCEMENT
G
RANTS
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
approved the Certificates of Acceptance of SubGrant
Awards, the Application for Funding Assistance for
Indian River County Drug Testing, Project ID#04-039,
and the Application for Funding Assistance for
Substance Abuse Administration, Project ID#1990-099,
as recommended in the memorandum.
ACA
GREEMENTS AND ERTIFICATES OF CCEPTANCE OF
OCTOBER 19, 2004 7
SGA
UBRANT WARDS ARE ON FILE IN THE OFFICE
O
F THE CLERK TO THE BOARD
7.J. R2004-127ASP
ESOLUTION UTHORIZING A UPPLEMENTAL UBLIC
TJPAF
RANSPORTATION OINT ARTICIPATION GREEMENT WITH LORIDA
DT(CAST
EPARTMENT OF RANSPORTATION OUNCIL ON GING ATURDAY RANSIT
S)
ERVICE
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
adopted Resolution 2004-127 authorizing the execution
of a Supplemental Public Transportation Joint
Participation Agreement with the Florida Department of
Transportation (Council on Aging Saturday Transit
Service).
SJPAIO
UPPLEMENTAL OINT ARTICIPATION GREEMENT S N
FOCB
ILE IN THE FFICE OF THE LERK TO THE OARD
7.K. GACDBGH
IFFORD REA OMMUNITY EVELOPMENT LOCK RANT OUSING
RP–MWP–D
EHABILITATION ROJECT ODIFICATION OF ORK LAN EPARTMENT
CA
OF OMMUNITY FFAIRS
Chairman Ginn expressed her concern that only 6% of the work has been completed, and
Community Development Director Bob Keating responded that even after the grant has been
awarded, there is a lot of paperwork which takes a great deal of time.
Director Keating continued that staff has been having great difficulty in getting contractors
to bid and to complete items due to all the hurricane damage. We now have a new time frame and
expect to get back on schedule and have the majority of the work completed by December of this
OCTOBER 19, 2004 8
year. Several houses are currently under construction and should be completed by then. The
contractors seem to view SHIP and CDBG jobs as tough. They tend to pick other jobs before these
rebuilding jobs.
County Administrator Joe Baird noted that, even though it may take a little longer, we
cannot give up on the grant.
ON MOTION by Commissioner Macht, SECONDED
by Commissioner Neuberger, the Board unanimously
approved the revised project work plan and authorized
the Chairman to sign the modification forms, as
recommended in the memorandum.
MGA
ODIFICATION TO RANT GREEMENT IS ON FILE
I
N THE OFFICE OF THE CLERK TO THE BOARD
8. SUPERVISOR OF ELECTIONS KAY CLEM – AGREEMENT FOR
RECEIPT AND USE OF VOTER EDUCATION FUNDS
(DEPARTMENT OF STATE, DIVISION OF ELECTIONS)
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Lowther, the Board unanimously
approved the Certificate Regarding Matching Funds
regarding the Memorandum of Agreement for Receipt
and Use of Voter Education Funds, as requested.
MA
EMORANDUM OF GREEMENT IS ON FILE
I
N THE OFFICE OF THE CLERK TO THE BOARD
OCTOBER 19, 2004 9
9.A.1. PUBLIC HEARING – ORDINANCE 2004-031 – PREMIER CITRUS –
REZONE 77.43 ACRES FROM A-1 TO RS-3 (RZON 2003
110240-38608) (QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating used a PowerPoint presentation (COPY
ON FILE WITH THE BACKUP FOR TODAY’S MEETING) to review the proposal for the
Board. He noted that this property is uniquely situated in that the property to the east is outside the
urban service area (USA) and the property abuts the West Regional WasteWater Treatment Plant
to the west.
The Chairman opened the public hearing and asked if anyone wished to be heard regarding
this matter.
Mary Wood,
220 Sopwith Drive, President of the Indian River Aerodrome Property
Owners Association, stated that they have a very active private airport, a strong concern regarding
the potential rezoning, and are in opposition to the project.
Lars DeJounge,
245 Nieuport Drive, emphasized the airport’s noise and felt that the
rezoning would be to invite trouble by allowing the increase in density. He was also opposed to
the project.
Chairman Ginn questioned whether the Aerodrome property was discussed when the
project was brought before the Planning & Zoning Commission and was told that it did not.
Director Keating stated that this project is half a mile from the Aerodrome, is in the urban
service area, and has been anticipated by the Comp Plan for years.
th
Mark Brackett,
1915 34 Avenue, stated that he was aware of the Aerodrome’s position
but had identified the take-off patterns and done some informal studies. They are comfortable with
OCTOBER 19, 2004 10
the noise level and have worked with staff to make sure the project meets all requirements. He
asked the Board to approve the project.
The Chairman asked if anyone else wished to be heard with regard to this matter. There
being none, the Chairman closed the public hearing.
MOTION WAS made by Commissioner Adams,
SECONDED by Commissioner Neuberger, to approve
staff’s recommendation.
Further discussion was held regarding the objections raised by the Aerodrome residents.
THE CHAIRMAN CALLED THE QUESTION and the
motion passed by a 4-1 vote (Chairman Ginn opposed).
The Board adopted Ordinance 2004-031 amending the
Zoning Ordinance and the accompanying Zoning Map
for approximately 77.43 acres located at the northwest
ndth
corner of 82 Avenue and 4 Street from A-1,
Agricultural District (up to 1 unit/5 acres) to RS-3,
Single-Family Residential District (up to 3 units/acre)
(Premier Citrus).
OCTOBER 19, 2004 11
9.A.2. PUBLIC HEARING – ORDINANCE 2004-032 – INDIAN RIVER
INVESTMENT OF CENTRAL FLORIDA – REZONE 40.19 ACRES
FROM RMH-8 TO RM-6 (RZON 2004 030129-42017)
(QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating used a PowerPoint presentation (COPY
ON FILE WITH THE BACKUP FOR TODAY’S MEETING) and noted that this is a “down”
zoning to standard residential, allowing development other than mobile homes. At the time of
development approval, environmental issues will be addressed. There are gopher tortoises, scrub
jays and aquifer protection to be addressed. Staff feels that RM-6 is a better zoning for this
property because of the environmental impacts.
The Chairman opened the public hearing and asked if anyone wished to be heard with
regard to this matter.
th
Charles Hutchinson,
6183 97 Street, stated that he lives in Breezy Village which is made
up of modular homes, they are not mobile homes. He stressed the current traffic problems and
believed that this project will make it virtually impossible to utilize US#1 which is the only ingress
th
and egress from 99 Street.
The Chairman asked if anyone else wished to be heard regarding this matter. There being
none, the Chairman closed the public hearing.
MOTION WAS MADE by Commissioner Adams,
based on the issues of ingress and egress to be addressed
OCTOBER 19, 2004 12
at development approval, SECONDED by Chairman
Ginn for discussion.
Commissioner Macht questioned whether this property had ever been considered for
purchase by the Land Acquisition Advisory Committee, and Director Keating did not believe it
had ever been considered.
Commissioner Macht commented that it is easier to maintain the health of scrub lands with
multi-family, rather than single-family, housing because you can concentrate more green space.
After further discussion, Director Keating stated that he understood the Board to be
directing staff to bring an LDR amendment to nail a little tighter the upland set-aside requirements.
THE CHAIRMAN CALLED THE QUESTION and the
motion passed by a 4-1 vote (Commissioner Neuberger
opposed). The Board adopted Ordinance 2004-032
amending the Zoning Ordinance and the accompanying
th
Zoning Map for ±40.19 acres located at 99 Street and
approximately 1950 feet west of US#1, from RMH-8,
Residential Mobile Home (up to 8 units/acre) to RM-6,
Multiple-Family Residential District (up to 6 units/acre)
(Indian River Investment of Central Florida).
OCTOBER 19, 2004 13
9.A.3. PUBLIC HEARING – ORDINANCE 2004-033 – JEANNETTE M.
LIER TRUST – REZONE 20.48 ACRES FROM A-1 TO RS-6 RS-3
AND 3.4 ACRES FROM A-1 TO CON-2 (RZON 2004 020120)
(QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
(CLERK’S NOTE: 39 Letters in Opposition to the Lier Project are on file with the backup for
today’s meeting.)
Community Development Director Bob Keating used a PowerPoint presentation to review
the project (CLERK’S NOTE: Copy of PowerPoint presentation and copies of site plans are on
file with the backup for today’s meeting). He noted that this property abuts the Indian River
Lagoon on the west and CR-510. The purpose of the rezoning is to develop the property while
protecting the estuarine wetlands. The Town of Orchid to the north of this property is a very low
density area. An environmental survey shows that 3.4 acres are estuarine wetlands and have to be
zoned CON-2 which is the proposal. There is also some possible archeological significance which
may come to light when the time for development arrives. There are 50-foot shoreline buffer
requirements. Also, the applicant has made a change since the P&Z meeting due to concerns
raised at that meeting. The applicant has voluntarily agreed to deed restrict the property to 3 units
per acre which effectively puts a density cap in place. The applicant has prepared and executed
that restrictive covenant which will be recorded in the public records if the project is approved.
Commissioner Macht questioned why the applicant did not rezone to RS-6 and do a PD,
and County Attorney Will Collins responded that the terms of a PD are totally discretionary with
the Board while there is no commitment from the Board to approve the design.
Commissioner Neuberger questioned whether the calculation includes the conservation
lands, and Director Keating responded that it does not. If the developer went with a PD, he could
get an allowance for 1 unit per acre.
Commissioner Neuberger asked Dave Jakubiak, the Town Manager of the Town of Orchid
who was in the audience, whether he had seen the names of those residents who are opposing the
project.
OCTOBER 19, 2004 14
The Chairman opened the public hearing and asked if anyone wished to be heard regarding
this matter.
Bruce Barkett, ,
Attorney, 756 Beachland Boulevard representing the Lier family, noted
that environmental studies have been done. He addressed the concern about flooding of that
property and noted that he lives in Country Club Point and that area did not flood. Mr. Lier lives
on the subject property now and the water did not come within 4 feet of his property. The Lier and
Michael families have occupied those lands for over 100 years and generously donated 100 feet to
the County for Treasure Coast Park. They are entitled to RM-6 zoning but planning staff had
recommended RS-6 and they agreed. They have done everything they have been asked to do and
more.
Kathy Dunlop,
426 Indies Drive, concurred with Commissioner Macht and saw no reason
to give the applicant 6 units per acre even if they will comply with 3 units per acre. She felt this
rezoning would be opening “Pandora’s box”.
Bill Glynn,
1802 Barefoot Place, now living at OceanAire, stated that he opposed the
project at the P&Z meeting, mainly because CR-510 becomes the small end of a funnel for the
North County. He felt there was no question that CR-510 would have to be expanded by an
additional 2 lanes as it is almost to capacity now. He was concerned about the ability of the
residents of the barrier island to get off the island as density continues to build and asked the Board
to consider emergency evacuation problems. He stated that the Lagoon is under attack now by
every environmental problem you can think of. He felt the applicant is asking the Board to allow a
full 3 units per acre by adjusting the side yard setbacks. He also asked the Board to consider that
some of that property would be needed to widen the Wabasso bridge.
OCTOBER 19, 2004 15
David Jakubiak, ,
Town Manager for the Town of Orchidnoted that the Mayor has
opposed any change in excess of 3 units per acre. He believed the plan went prematurely to P&Z
as the Town of Orchid did not receive any plans until after that meeting. They subsequently met
with County staff and advised their concerns.
Dick Baker,
President of the Audubon Society, believed that the funnel effect on the east
end of CR-510 also exists on the west end. He argued for the environmental issues involved and
also for the safety issues. These roads become a terrible problem during hurricanes and he felt that
the traffic and environmental problems should be addressed before adding to them.
Peter Lier,
2 Michael Creek Drive, noted that CR-510 had been taken into consideration
when the Comp Plan was originally initiated and has adequate capacity.
th
Dian George,
1515 27 Avenue, suggested deferring the question until after the new
commission has been elected/sworn in.
Bob Bruce,
a new member of the Planning & Zoning Commission, pointed out that
Windsor and Orchid both have a history of development at less than 1 unit per acre.
Bruce Barkett
Attorney emphasized that the applicant has done everything he was asked
to do. There are very good reasons to leave the zoning at RS-6 because of lot sizes and widths.
This is only a 20-acre property and there are many restrictions to its use because of the impact of
drainage, buffers and wetlands. Staff has approved the traffic study and he asked the Board to
support the recommendation of staff and the P&Z.
In response to questioning, Public Works Director Jim Davis reminded the Board that the
Florida Department of Transportation had done a study in the 1990s which including computer
modeling of the Wabasso Corridor. That bridge does not need to be widened. Only the
approaches will be widened, including dual left-turn lanes at A1A and partial widening just west of
OCTOBER 19, 2004 16
A1A. It would not be feasible to widen the bridge because of the steepness of the grade. You
would have to start over and build a new bridge.
The Chairman asked if anyone else wished to be heard regarding this matter. There being
none, the Chairman closed the public hearing.
MOTION WAS MADE by Commissioner Adams,
SECONDED by Commissioner Neuberger, to approve
staff’s recommendation.
Chairman Ginn and Commissioner Macht both felt that RS-3 zoning would be a much
better fit for that property.
Commissioner Macht commented that the history of a community is shaped in several
ways, one of which is catastrophic events. When he saw his neighbor’s roof in his yard after the
hurricanes, he realized things would never be the same. He did not think computer modeling for
future catastrophic hurricanes included people coming south from Brevard County or people
moving north from the central part of our County when other options are not available. While it is
true that the barrier island has been developed at less than the permitted density, he believed this
would be a good time to establish limitations at 3 units per acre. The applicant still has the choice
to develop a PD and the Board has never adversely impacted any developer applying for a PD
project. He could not vote for RS-6 for this property.
THE CHAIRMAN CALLED THE QUESTION and the
Motion failed by a 2-3 vote (Chairman Ginn and
Commissioners Macht and Lowther opposed).
OCTOBER 19, 2004 17
MOTION WAS MADE by Commissioner Macht,
SECONDED by Commissioner Lowther, to approve
the rezoning at RS-3.
Further discussion ensued.
THE CHAIRMAN CALLED THE QUESTION and the
Motion passed unanimously. (The Board unanimously
adopted Ordinance 2004-033 amending the Zoning
Ordinance and the accompanying Zoning Map for
approximately 23.88 acres located at the southeast
corner of C.R. 510 and the Indian River Lagoon by
rezoning 20.48 acres from A-1, Agricultural District (up
to 1 unit/5 acres) to RS-3, Single-Family Residential
District (up to 3 units/acre) and by rezoning the remain
3.40 acres from A-1, Agricultural District (up to 1 unit/5
acres) to CON-2, Estuarine Wetlands Conservation
District (up to 1 unit/40 acres) (Jeannette M. Lier Trust).
The Chairman called a recess at 10:13 and the meeting reconvened at 10:22 with the same
members present.
9.A.4. PUBLIC HEARING – TRIPSON TRAIL PD – BAHIA HONDA REAL
ESTATE INVESTMENTS III, LLC – (SOUTH COUNTY
INITIATIVE) CONCEPTUAL PLANNED DEVELOPMENT
SPECIAL EXCEPTION USE APPROVAL (PD-04-04-07 – 2001
010106-38556) (LEGISLATIVE)
OCTOBER 19, 2004 18
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Planning Director Stan Boling presented the request with the aid of a PowerPoint
presentation and noted that this development is a part of the South County Initiative which
includes 7 residential projects, with the corresponding infrastructure improvements to include a
public north-south local road, an elementary school site, a park site, and a restricted neighborhood
commercial area. The Tripson Trail project includes a provision to relocate all the existing trees to
common areas of the site.
The Chairman opened the public hearing and asked if anyone wished to be heard regarding
this matter.
Bob Johnson,
Coral Wind Subdivision, questioned whether we are required to coordinate
with St. Lucie County on this project, and Director Boling responded that all of these projects are
being added into St. Lucie County’s DRIs and surrounding property owners in St. Lucie County
are being notified.
Mr. Johnson
asked about contributions to the South County Initiative and questioned what
improvements are being made to increase the east-west traffic flow.
stth
Director Boling stated that 21 Street will be paved east and west between 27 Avenue to
thth
20 Avenue. The same paving will occur on 17 Street SW so there are 2 major improvements to
the east-west corridor. The South County Initiative plan will keep some traffic within the area of
the plan.
Chairman Ginn questioned whether the South County Initiative had been presented to any
other entities, and Director Boling responded that it has been presented to St. Lucie County, the
Regional Planning Council and the Planning & Zoning Commission.
Mr. Johnson
then questioned whether any improvements will be made to make access to
thth
58 Avenue easier, and Director Boling noted that 13 Street SW goes through to Kings Highway
thth
(58 Avenue) and there are improvements planned in other developments for 13 Street SW.
OCTOBER 19, 2004 19
Mr. Johnson
asked who is going to build the planned school, and Director Boling
responded that dedication is part of the next project, Millstone Landing. The School Board has
reviewed the plans and has recommended acquisition and approval.
thth
Chairman Ginn questioned whether 17 Street SW will be paved to 58 Avenue, and
Director Boling stated that it will not be paved at this time. That street goes through agricultural
th
property. However, 13 Street SW does abut the development to the north and Oslo Road abuts
the development on the south. Those will be the connector roads.
th
Mr. Johnson
questioned who is paving 17 Street SW, and Director Boling replied that
ththth
17 Street, 27 Avenue and 20 Avenue will all be paved through developer’s agreements with
the individual developers involved. There are no plans at this time for development or
rd
improvement west of 43 Avenue.
rd
In response to questions regarding the impact of these developments on the proposed 43
Avenue improvements, Public Works Director Jim Davis stated that funds have been budgeted to
th
survey an extension of Kings Highway (58 Avenue) south to St. Lucie County. Staff is moving
thstth
forward with the survey work for the improvements to 13 Street SW, 21 Street SW and 17
Street SW.
Dick Baker,
President of the Audubon Society, complimented the developer on the idea of
transplanting the existing trees and noted that the Society had given an award to Richard Hall who
th
lives east of 17 Street. Mr. Hall transplanted a huge oak just a few weeks before Hurricane
Frances at a cost of $6,000. They had to bring in larger and larger cranes until they found one that
was large enough to lift the tree. During the hurricane, a lot of trees went down, but that
transplanted oak stood and continued to stand through Hurricane Jeanne.
The Chairman asked if anyone else wished to be heard regarding this matter. There being
none, the Chairman closed the public hearing.
OCTOBER 19, 2004 20
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
granted PD special exception and conceptual PD plan
approval for Tripson Trail with the following
conditions: (1) that the developer provide the items
listed in item 17 “Trade-offs” in staff’s memorandum of
October 11, 2004; (2) that prior to issuance of a land
development permit, the developer shall: (a)
incorporate into the land development permit design all
required traffic and paving improvements described in
item #10 of staff’s memorandum and the required
acceptance of stormwater run-off from adjacent public
roads, and (b) obtain environmental planning staff
approval of a tree relocation plan, and (c) enter into a
developer’s agreement with the County for a fair share
rd
contribution toward funding improvements to the 43
Avenue/SR-60 intersection, and (d) contribute $90,000
to the County for improvements to the South County
Initiative public park; (3) prior to final plat approval, the
developer shall submit $25,000 to the County for the
rdst
future signalization of the 43 Avenue/21 Street SW
intersection; (4) that prior to or via the final plat, the
developer shall dedicate (a) rights to the County to
rdst
discharge run-off from 43 Avenue, 21 Street SW and
th
25 Street SW into the project stormwater management
rdst
system, and (b) right-of-way for 43 Avenue, 21 Street
th
SW, and 25 Street SW as described in staff’s
memorandum; (5) that prior to issuance of a certificate
OCTOBER 19, 2004 21
of completion, the developer shall complete all required
improvements, including the traffic and paving items
listed in item 10 of staff’s memorandum, all required
perimeter buffers, and all required sidewalks; and (6)
that prior to issuance of certificate of occupancy for a
total of 144 homes within the project, all required
recreation improvements (ball courts, a swimming pool,
cabanas, and passive lakeside parks areas) shall be
completed; all as recommended by staff in their
Memorandum of October 11, 2004.
9.A.5. PUBLIC HEARING – MILLSTONE LANDING - SHELBY HOMES
(JOBAR FARMS AND ROBERT D. TRIPSON) – (SOUTH COUNTY
INITIATIVE) CONCEPTUAL PLANNED DEVELOPMENT
SPECIAL EXCEPTION USE APPROVAL (PD-04-04-08 2003
100068-38573) (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Planning Director Stan Boling noted that this is the largest project in the middle of the
South County Initiative property.
rd
Commissioner Lowther questioned why 23 Street SW was not being improved all the
thrd
way out to 35 Avenue, and Director Boling responded that 23 Street SW ends at Lakewood
Terrace, with allowances for future extension.
th
Commissioner Lowther then questioned whether 25 Street SW will be paved, and
thrdth
Director Boling responded that there are no plans right now to pave 25 Street to 43 or 27
Avenue.
Commissioner Lowther believed that the roads need to be in place before any construction
takes place.
OCTOBER 19, 2004 22
Director Boling explained that the reason for phasing each portion of the project is to
provide for the possibility that some of the projects may not occur. Hopefully all the projects will
come in earlier than planned.
The Chairman opened the public hearing and asked if anyone wished to be heard regarding
this matter.
Bob Johnson,
Coral Wind Subdivision, asked for a possible construction date for the
thth
school and the long range plan regarding extending 17 Street to 58 Avenue, and Director Boling
responded that there will eventually be over 2700 living units in the South County Initiative area,
along with other nearby developments, and the School Board is planning a neighborhood type
school for that area.
Public Works Director Jim Davis stated that survey work is beginning on Kings Highway
to establish a right-of-way corridor. That preliminary work must be done prior to accepting
ththth
connections from 17 Street, 13 Street and 27 Street. The plans are to extend Kings Highway
into St. Lucie County after the planning for Kobelgard Road is completed. The survey work will
be completed before spring and then staff can begin right-of-way acquisition.
Mr. Johnson
then questioned whether there had been any discussion regarding the
developers building the school, and Director Boling responded that there had not.
Community Development Director Bob Keating noted that the impact fee study is also
being completed and each housing unit will be paying the school impact fee, if it is imposed.
The Chairman asked if anyone else wished to be heard regarding this matter. There being
none, the Chairman closed the public hearing.
ON MOTION by Commissioner Macht, SECONDED
by Commissioner Neuberger, the Board unanimously
granted PD special exception and conceptual PD plan
approval for Millstone Landing with the following
OCTOBER 19, 2004 23
conditions: (1) that the developer provide the items
listed in Item 20 “Trade-offs” in staff’s Memorandum
of October 11, 2004; (2) that prior to issuance of a land
development permit, the developer shall: (a) enter into a
developer’s agreement for off-site traffic improvements
as listed in items 11 and 15 of staff’s memorandum, (b)
obtain planning staff approval of all entry feature walls
and subdivision signs, (c) obtain release of 35’ of
th
Murphy Deed right-of-way along the site’s 27 Avenue
frontage, (d) obtain County and jurisdictional agency
permits for proposed wetland impacts, and (e) commit
to accepting into the project stormwater management
thstth
system run-off from 27 Avenue, 21 Street SW, 35
rd
Avenue SW, and 23 Street SW; (3) that prior to final
plat approval for Phase 1, the applicant shall dedicate
the 18-acre school site and mitigate the site for wetland
impacts, bring the site up to grade, seed the site, and
provide sanitary sewer and water service to the site or
post security for such required improvements; (4) that
prior to or via the appropriate final plat(s), the developer
shall dedicate stormwater management rights and
thstth
right-of-way for 27 Avenue, 21 Street SW, 35
rd
Avenue SW and 23 Street SW as described in staff’s
memorandum; and (5) that prior to issuance of a
certificate of completion for any phase, the required
improvements for that phase shall be completed,
including the items listed in item 10 “Phasing Plan” of
staff’s memorandum; all as recommended by staff.
OCTOBER 19, 2004 24
9.B.1. PUBLIC DISCUSSION ITEM – NORTH BEACH CIVIC
ASSOCIATION – APPEAL OF PLANNING AND ZONING
COMMISSION DECISION TO APPROVE THE OCEAN SANDS
PRELIMINARY PD (FLORIDA BEACH RESORT \[DISNEY\])
(PD-04-07-11 2003 040058-39964)
Moved to Item 11.A.1.
9.B.2. PUBLIC DISCUSSION ITEM - TOM CIANCIA – REGARDING
IMPACT FEES APPLIED IN VERO BEACH
Tom Ciancia,
395 East Temple Court SW, Vero Beach, felt the proposed impact fees
would be unfair. He stated that if he were to move into a development and buy an existing home,
there would be no impact fee; while if he were to build a home he would then have to pay such a
fee. He cited another example where he would buy an existing house and not be responsible for
impact fees while the couple purchasing a lot next door and building their own house would have
to pay impact fees. He requested that people who want to stay in Vero Beach get some exemption
or reduction in fees rather than being punished for staying in this county.
NO ACTION REQUIRED OR TAKEN.
9.B.3. PUBLIC DISCUSSION ITEM – RICHARD A. FERRETTI, JR. –
RIGHT OF ENTRY AGREEMENT AS IT RELATES TO REMOVAL
OF DEBRIS
Richard a Ferretti Jr
. was not present when his name was called.
th
Charles Hall,
1130 50 Avenue, a neighbor of Mr. Ferretti, was allowed to speak by the
Chairman. He was questioning the “hold harmless” agreement that the County is asking residents
of private communities to sign before the County will remove hurricane debris from their
OCTOBER 19, 2004 25
properties. He felt the agreement seemed too “open ended” and did not understand why they are
being asked to sign such an agreement.
County Administrator Joe Baird stated that this is a standard form and all private
subdivisions are being asked to sign. To date, all subdivisions have signed without question. He
believed that Mr. Ferretti wants the ability to sue the County if something should go wrong. The
County is not required to do this and is simply wanting to be held harmless from any damages. He
advised Mr. Hall that they are certainly free to hire someone else to pick up the debris and stated
that the County has done an excellent job in over 70 private subdivisions to date. He could not
offer a guarantee as to when the debris could be picked up and pointed out that FEMA will not
reimburse the County for debris removal in private subdivisions, so these costs are entirely being
paid by the taxpayers. FEMA reimburses 90% of the cost of debris removal on public roads, but
nothing on private ones.
County Attorney Will Collins noted that this is the same “hold harmless” agreement that
the Army Corps of Engineers has signed when they go on someone’s property to repair or tarp a
roof.
NO ACTION REQUIRED OR TAKEN.
9.B.4. PUBLIC DISCUSSION ITEM – DIAN GEORGE – ROAD WIDENING
PROJECTS AND THEIR STATUS
th
Dian George,
1515 27 Avenue, thanked Chairman Ginn for her hard work and stated that
rd
she would be dearly missed. She expressed her concern regarding the possible widening of 43,
thth
27 and 20 Avenues and asked for a status report.
County Administrator Joe Baird responded that all projects have fallen behind by as much
as 60 to 90 days and there has been no opportunity to choose a consultant. All these projects are on
hold at the moment. Staff is still following the Board’s direction.
NO ACTION REQUIRED OR TAKEN.
OCTOBER 19, 2004 26
9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON
NOVEMBER 2, 2004
9.C.1. A.PGPW–RMPW
OLO ROUNDS AT OINTE EST EQUEST TO ODIFY OINTE EST
CPDPAGWPG
ONCEPTUAL LAN TO LLOW ATES ITHIN THE OLO ROUNDS
(L)
EGISLATIVE
The Chairman read the notice into the record.
11.A.1. PUBLIC DISCUSSION ITEM – NORTH BEACH CIVIC
ASSOCIATION – APPEAL OF PLANNING AND ZONING
COMMISSION DECISION TO APPROVE THE OCEAN SANDS
PRELIMINARY PD (MGD DEVELOPMENT GROUP LLC)
(FLORIDA BEACH RESORT \[DISNEY\]) (PD-04-07-11 2003
040058-39964)
(CLERK’S NOTE: 34 Letters in Opposition to the Ocean Sands Project have been received and
are on file with the backup for today’s meeting.)
Planning Director Stan Boling stated that there are 2 tests to the preliminary PD plan: is it
consistent with the approved conceptual PD plan and does it meet the standards required by the
LDRs? The Board can act on this appeal by upholding the P&Z recommendation and approving a
revised plan recently submitted by the applicant which does comply with the LDRs and proposes
fewer units than the approved plan under appeal.
Director Boling continued by displaying a map of the original Disney proposal, indicating
the portion developed by Disney, the portion on the west side of A1A which has been sold by
Disney, and the remaining portion on the east side of A1A which has also been sold by Disney.
Disney’s original PD plan incorporated all 3 of these areas. Parcel C (the portion on the west side
of A1A) has not been developed and the subject site (the portion on the east side of A1A), which is
zoned RM-6, also has not been developed. The conceptual PD plan was originally approved for
OCTOBER 19, 2004 27
Disney and this site would have been the next phase of the development. The conceptual plan is
still in effect and both of the undeveloped portions, in combination, are held to less than 6 units per
acre.
Director Boling then displayed a map of the proposed Ocean Sands PD plan and noted that
the plan keeps all construction landward of the Coastal Control Line. The plan includes 5
buildings and meets the A1A setback requirements. The building height requirement applies to the
building itself, which will be located 35 feet above the natural grade, with an additional area
allowed for the sloped roof. The tallest structure will be 50 feet tall. The tree survey has been
completed, there is already a turn lane in place to accommodate the traffic, and the applicant has
reduced the density of units allowed with the conceptual plan. There has been a lot of discussion
regarding the accessory guest cottages. These cottages are called “cabanas”, are 1 story high, and
12 of these units are proposed. These units are not to be rented separately but are sold with the
residential units. The appeal from the North Beach Civic Association concerns the setbacks and
the density. The buildings meet and exceed the 25-foot setback requirement from A1A and the
revised plan is to build 66 units with 12 cottages. 91 units were approved in the original
conceptual plan, with 72 efficiency units that could be rented out. The Civic Association also
expressed concerns about the ambiance of the development. To the north and south of the site are
multi-family projects which are 3 and 4 stories over garages. This project is in compliance with
the North Barrier Island Corridor Plan and the density requested is less intense than the approved
conceptual plan.
Commissioner Macht questioned the use of the cabanas as rental units, and Director Boling
stated that the regulations and deed restrictions state that the cabanas cannot be rented out.
Commissioner Neuberger questioned the description of the cabanas, and Director Boling
replied that they have a bedroom, bathroom, living area and perhaps a kitchen. They are called
guest cottages and are approved in every residential zoning district in the County.
Commissioner Adams wondered if these were the same as “mother-in-law cottages”, and
Director Boling responded that “mother-in-law cottages” are different and can be rented out
separately.
OCTOBER 19, 2004 28
Commissioner Macht repeated his observation that these will be rental units.
Director Boling pointed out that, even if the cabanas are treated as full units and allowed to
get as big as they need to be for full units, the project will still contain fewer units than originally
approved.
Chairman Ginn noted that this is not a public hearing and wondered whether the Board is
required to act on the appeal.
County Attorney Collins replied that the Civic Association, who filed the appeal, should be
allowed to speak first and to state their view of the non-compliance of the project.
Commissioner Macht noted that, prior to being aware that this would be a quasi-judicial
matter, he was approached by a person who spoke in favor of the project.
County Attorney Collins asked Commissioner Macht to disclose the nature of the
communication, and Commissioner Macht replied that the person was in favor of the project, as
revised.
County Attorney Collins stated that as long as the disclosure was made, there was no
reason for Commissioner Macht to recuse himself from voting on this issue.
Bill Glynn,
President of the North Beach Civic Association, stated that the Association
feels that compatibility with the surrounding area has not been properly addressed by this project.
They feel that putting this very large condominium development on a very small lot between other
decent condominium developments, would create disharmony in the area. The other
developments in that area are set well back from A1A. This new plan creates a triangular effect
with everything bunched together and directly on A1A. This project was originally scheduled
before the Planning & Zoning Commission the beginning of August and there were over 200
residents present to express their opposition to the project. They were then told that the developer
had cancelled the meeting. The meeting was rescheduled for August 21 and the residents only
received 2 days’ written notice but, again, over 200 residents were present. He also felt this project
would add to the “funnel” effect of CR-510, especially during a hurricane evacuation. He also felt
the true height of the buildings would be over 60 feet as this site is 13 to 16 feet above sea level.
OCTOBER 19, 2004 29
Mr. Glynn
continued that when Disney originally presented their plan, 12 years ago,
everyone thought they would be good neighbors. They promised jobs, tourists, and timeshare
units to appeal to tourists. They have now sold the property to another outfit and there are no plans
for timeshare units. He felt this project would take away from the entire North Beach area and
commented that they will be building in an emergency erosion area. He asked the Board to support
no more than 6 units to an acre and to count the cabanas as living units. He also noted that each
“cabana” has 2 assigned parking spaces.
Bill Johnson,
Sea Oaks Property Owners Association, agreed with Mr. Glynn and stated
that the residents are very proud of their area and want it to stay the way it is now.
Kathy Dunlop,
426 Indies Drive, felt the Board has the right to overrule their previous
decision as Disney is no longer the owner of this parcel. This is clearly a change of use. These
cabanas will each function as a nonpaying guest house and should be treated as separate living
units. Other cabanas in the area strictly prohibit overnight usage. She also felt the plans for the
development of Parcel C on the west side of A1A should be presented with these plans as they will
certainly impact one another. She urged the Board to deny the plan as submitted.
Norm Lange,
8880 Sea Oaks Way North, pointed out that the conceptual plan which was
approved was an extension of the timeshare type properties developed by Disney and the footprint
of those buildings were acceptable at that time. This proposal is very different. He made the
analogy that Disney had a house and planned to add a couple of rooms, where someone is now
building a new house. This new house should conform to the existence of the rules in effect today.
Silas Axtell,
Sea Oaks, expressed his concerns over the use of the beach and noted that
someone walking on the beach at high tide would have to walk in the water or on private property.
He also was opposed to the project.
OCTOBER 19, 2004 30
Bob Bruce
, a member of the Planning & Zoning Commission, expressed his opposition to
the radical difference in the footprint of the new plan and reminded the Board that the North Beach
Civic Association had previously requested repeatedly that the density in the area be reduced.
Requests were made to rezone everything north of CR-510 to single-family.
Director Boling, in response to questioning, showed pictures of both the original
conceptual plan, the plan originally submitted for Ocean Sands and the revised plan which has 5
3-story buildings and 2 1-story structures.
Chairman Ginn questioned the placement of the parking garage and noted that one of the
pictures appeared to show part of the garage higher than the dune line.
Director Boling responded that was a front elevation picture. Part of the 35-foot height
includes the portion of the garage that is above the average natural grade.
Commissioner Neuberger questioned what happened in 1992 with the original conceptual
plan and what was permitted to change.
County Attorney Collins noted that the original conceptual plan was approved with
parameters. Anytime there are modifications, especially intensification of density, a new public
hearing is required. If the plans lessen the density and increase the buffering, no additional public
hearing is required.
Attorney Barkett
questioned Director Boling as to whether or not this is a modification of
the original conceptual plan, and Director Boling responded that it is and has been found to be
consistent with the original PD plan.
County Attorney Collins noted that this is not a totally different plan but retains the same
restrictions as the original plan. The Board is not here for a zoning matter but is here to look at the
preliminary conceptual plan and the site plan approved by the Planning & Zoning Commission. If
the plan conforms with development regulations, it should be approved. If not, the Board can deny
the plan but distinction as to the reason for denial should be made.
Director Boling confirmed that this current plan has fewer units than the original plan.
OCTOBER 19, 2004 31
County Attorney Collins commented that the Board is not making rules at this time; that
has already been done. The Board is just deciding whether this plan is consistent with the original
plan and whether it conforms to the regulations.
Chairman Ginn asked whether the cabanas were in the original plans, and Director Boling
responded that the original plans called for 91 units, plus these 72 “lock-offs”.
Attorney Barkett
stated the plans now call for 66 units plus 12 cabanas.
Commissioner Macht noted that he and Commissioner Adams both were on the Board at
the time of the approval of the original conceptual plan. A lot of accommodation was given to
Disney to obtain an economic asset. Disney even went to the State Legislature and got a special
act that redefined “timeshare” to avoid paying tourist taxes. The Board at that time was so
conscious of making these accommodations to Disney that they passed a secondary act that
virtually prohibited a similar development. He did not believe this property could be sold to
someone other than Disney to enjoy the benefits given to Disney.
County Attorney Collins reminded the Board that this issue does not have to go back to the
Planning & Zoning Commission.
Attorney Barkett
reminded the Board that this same problem occurred with Segovia
Lakes. Planning & Zoning denied the project and the developer appealed to the Board, who
approved the PD. He expressed the belief that this is the same type of development as Grand
Harbor and Fairwinds where there are more than 1 property owners in the PD. This project is
consistent with the conceptual PD plan.
Commissioner Macht questioned limiting approval to the same number of units under
RM-6 zoning and dealing with the cabanas internally.
County Attorney Collins remarked that the applicant might feel they had an entitlement
and a lawsuit could result.
Attorney Barkett
emphasized that the “lock-off” units caused a big dispute. These were 3
room motel rooms and one bedroom which could be locked off to be rented as separate bedrooms.
That caused the Disney plan traffic count to be at 940 trips while the current plan is down to 102
trips.
OCTOBER 19, 2004 32
Commissioner Macht noted that the intention of use of the property was totally different.
This is private residential as opposed to commercial.
Attorney Barkett
stated that this portion was not planned for commercial use.
Director Boling commented that in terms of the conceptual plan, often density, buffers and
setbacks are critical. In recent years, PDs have included aesthetic requirements. That was not the
case with Disney. Under residential resort regulations, Disney’s units had to at least appear as
multi-family units, while exceptions were granted for short-term stays. This project is not taking
advantage of the short-term stay exception but obviously has the multi-family appearance.
MOTION WAS MADE by Commissioner Macht,
SECONDED by Chairman Ginn for discussion, to
approve the development with limitations obtained
under RM-6 zoning and to include the cabanas in the
count of living units, or eliminate them.
Dick Baker,
President of the Audubon Society, believed the issue to be safety. He felt the
density should be lowered so that an evacuation of the barrier island could be carried out safely,
even in the event of a Category 3 storm.
Nicholas Gravino,
12894 Highway A1A, stated that he is a former meteorologist and is
very concerned about storms. He was concerned how this project would withstand the 2
hurricanes that just went by and noted that on the plan there is no area for the winds to filter
through the buildings without doing significant damage.
Dave Wagner,
Sandal Road, Wabasso, felt the original conceptual plan should be looked
at as a package deal, so that when Parcels A, B or C are broken off, the deal is changed. He felt the
property should be resurveyed.
Director Boling stated that the property was resurveyed after the storms.
OCTOBER 19, 2004 33
Attorney Barkett
felt that the conceptual plan governs the use of the property. He did not
.
feel that a disapproval based on density would withstand legal scrutiny
Keith Pelan,
Kimley-Horn, noted that the elevation on A1A was slightly lower than the
dune side of the property. The back side, toward the ocean, is quite a bit higher, and the garage has
no opening on the beach side.
Bill Glynn
asked that, if the developer still wants the cabanas, some restriction should be
added that they would not be allowed to rent those units. He asked the Board to cap the density at
6 units per acre and, if the cabanas are allowed, not to allow kitchens in them.
Keith Pelan
commented that The Seasons has 100 single-family units on 40 acres and each
unit has an accessory guest house. These have never been calculated as separate units, but are part
of the living unit. The additional parking spaces are just for guests. He believed the applicant was
just asking to be treated like everyone else up and down the beach.
Chairman Ginn noted that we do have a motion on the floor.
County Attorney Collins stated that there is no zoning issue before the Board today. The
Board can either approve or deny the appeal. The motion was to approve the development without
the cabanas.
Chairman Ginn requested that Commissioner Macht RESTATE THE MOTION.
Commissioner Macht stated that the motion was to grant the appeal and deal with the
cabanas as living units due to obvious concern with the density.
Once the motion was restated, Chairman Ginn withdrew her second and THE MOTION
DIED for lack of a second.
MOTION WAS MADE by Commissioner Neuberger,
SECONDED by Commissioner Lowther, to find that
the Planning & Zoning Commission decision did not
OCTOBER 19, 2004 34
fail any of the 4 areas outlined in LDR Section 902.07,
to deny the appeal and approve the revised PD plan with
all the appropriate PZC approval conditions attached.
Commissioner Lowther stated that, as much as he agreed with the people, he felt the
questions were answered over and over again and competent substantial evidence would lead him
to the conclusion that the P&Z decision was the correct one.
Commissioner Adams felt that the compatibility issue is very much in doubt. The view
from A1A will not look like the surrounding communities. She could not support the motion
based on the compatibility issue.
THE CHAIRMAN CALLED THE QUESTION and the
Motion failed by a 2-3 vote (Commissioners Macht and
Adams and Chairman Ginn opposed).
ON MOTION by Commissioner Macht, SECONDED
by Commissioner Adams, the Board, by a 3-2 vote
(Commissioners Neuberger and Lowther opposed)
upheld the appeal of the North Beach Civic Association,
Inc. based on the incompatibility of the project.
11.B.1. DISASTER RELIEF FUNDING AGREEMENT – HURRICANE
FRANCES – FEDERAL EMERGENCY MANAGEMENT AGENCY
(FEMA)– DEPARTMENT OF STATE, DIVISION OF EMERGENCY
MANAGEMENT
OCTOBER 19, 2004 35
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Lowther, the Board unanimously
approved the agreement and authorized the Chairman to
sign all documents associated with the agreement, as
recommended by staff.
DRFAF
ISASTER ELIEF UNDING GREEMENT IS ON ILE
IOCB
N THE FFICE OF THE LERK TO THE OARD
11.B.2. DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF
EMERGENCY MANAGEMENT – STATE AND FEDERALLY
FUNDED SUBGRANT AGREEMENT – EMERGENCY
MANAGEMENT PREPAREDNESS AWARD AND EMERGENCY
PREPAREDNESS GRANT (CONTRACT #05BG-04-10-40-01)
Emergency Management Coordinator Nathan McCollum explained that this agreement
comes every year from the state; however, this year is unique in that we will not be using a second
grant to renew one of the positions. This is a special needs position which will be terminated as of
April, 2005.
County Administrator Joe Baird stated that the position being terminated was created with
grant monies and it was understood at that time that it would be a temporary position only through
the term of the grant funds.
Mr. McCollum noted that the Emergency Management Planner position will be retained
and the Assistant Planner position will be terminated.
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Lowther, the Board unanimously
approved the EMPA funding for FY 2004-05 and
authorized the Emergency Services Director as the
OCTOBER 19, 2004 36
contract manager for the agreement, as recommended
by staff.
SFFSGA
TATE AND EDERALLY UNDED UBRANT GREEMENT
I
S ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.C.1. ARCHITECTURAL CONTINUING SERVICES CONTRACTS
(1) EDLUND-DRITENBAS-BINKLEY ARCHITECTS, (2) DONADIO
& ASSOCIATES ARCHITECTS, AND (3) STARMER RINALDI
ARCHITECTS
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Neuberger, the Board
unanimously approved the contracts with
Edlund-Dritenbas-Binkley Architects, Donadio &
Associates Architects, and Starmer Rinaldi Architects,
as recommended by staff.
CCA
ONTINUING ONTRACT GREEMENTS ARE ON FILE
IOCB
N THE FFICE OF THE LERK TO THE OARD
11.C.2. SHERIFF – IMPROVEMENTS TO REPAIR OFFICE DAMAGE
(HURRICANES FRANCES AND JEANNE) – UPGRADE AIR
CONDITIONING SYSTEM – MID STATE MECHANICAL AND
JOHNSON CONTROLS
OCTOBER 19, 2004 37
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Macht, the Board unanimously
approved supporting the continued efforts to quickly
repair and rehabilitate the Sheriff’s Offices and
authorized staff to proceed with the services of Mid
State Mechanical and Johnson Controls to upgrade the
air conditioning system as the rehabilitation continues,
as requested.
11.E.1. TREASURE COAST HOMELESS SERVICES COUNCIL –
ANNUAL BUDGET GRANT CHANGE IN STATUS TO
QUASI-NONPROFIT (RICHARD STARK – LOUISE HUBBARD)
Commissioner Lowther questioned the change in status, and County Administrator Joe
Baird explained that the Board had requested staff to draft a policy regarding nonprofit agencies
and had adopted the policy in February of 2002.
Mr. Baird continued that all the nonprofit agencies have to meet the requirements of the
policy and are funded for a 4-year period. The exception to this policy is the “quasi-nonprofit”
agencies who replace a governmental function; such as the Humane Society, Gifford Youth
Activity Center and the Homeless Services Council.
Commissioner Lowther questioned why the matter is coming before the Board at this time
rather than at the budget hearings and also questioned the rent being paid to the County for the
th
building on 14 Avenue occupied by the Council.
County Administrator Baird responded that the matter could be brought back at a later time
and explained that the Council does have subleases.
Joyce Johnston-Carlson, Director of Human Services, stated that the Council has a
sublease with New Horizons for $1,000 monthly.
Mr. Baird noted that the County does not receive those funds, they are used by the Council
to provide services to the homeless.
OCTOBER 19, 2004 38
Chairman Ginn remarked that many of the homeless have mental and emotional problems
which are served by the Council.
Commissioner Lowther questioned why Sunshine Rehabilitation was told to “go back and
run like a business” when they asked for an extension of their $10 annual lease.
Commissioner Macht responded that the comparison is not compatible in that Sunshine’s
patients would have no claim on the County regarding the services received from Sunshine,
whereas the services provided by the Council would fall back on the County should the Council
not provide them.
Commissioner Lowther preferred that the item be deferred until the new Board is sitting,
and Chairman Ginn did not believe it necessary to postpone this action.
Commissioner Macht explained further that in order for an agency to be designated as
“quasi-nonprofit” there have to be reciprocal benefits. In the case of the Council, they have taken
a County-owned building and improved it and used it to shelter other organizations which provide
services to the public. As an example, the Council was able to obtain $70,000 to provide a dental
benefit through the Health Department, as well as a half-million dollar computer system that tracks
services being offered in the County.
Chairman Ginn remarked that we now have a continuum of service to get people back on
their feet and what we do to the least of these determines whether we are humane or not. The
Council has brought a lot of monies into the community.
Gary Wheeler,
The Sanctuary, also questioned why the matter is coming before the Board
today when the policy says that the information is to be in sometime in March.
Commissioner Lowther continued to question the terminology “quasi-nonprofit” and
objected to their being guaranteed funding.
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Adams, the Board, by a
4-1 vote (Commissioner Lowther opposed) approved
changing the funding status of Treasure Coast
OCTOBER 19, 2004 39
Homeless Services Council from non-profit to
“quasi-non-profit”, as recommended by staff.
11.I.1. PROFESSIONAL SERVICE AGREEMENTS – RENEWAL OF
ANNUAL LAND SURVEY SERVICES CONTRACT – 2004-05 (1)
BURDETTE & ASSOCIATES, (2) CREECH ENGINEERS &
ASSOCIATES, (3) CARTER ASSOCIATES, INC., (4) KIMLEY-HORN
& ASSOCIATES, INC., (5) MASTELLER, MOLER & REED, INC.,
AND (5) MORGAN & EKLUND, INC.
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
approved the agreements and authorized the Chairman
to execute same, as recommended by staff.
R
ENEWAL AGREEMENTS ARE ON FILE IN THE
OCB
FFICE OF THE LERK TO THE OARD
11.I.2. PELICAN ISLAND NATIONAL WILDLIFE REFUGE UPLAND
RESTORATION PROJECT – PROJECT #0386 – SITEWERKS, INC.
CHANGE ORDER NO. 2
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
approved Change Order No. 2 for an increase in cost of
$70,844.40 and an increase in contract time of 104 days,
as recommended by staff.
OCTOBER 19, 2004 40
C#2
HANGE ORDER IS ON FILE IN THE
OCB
FFICE OF THE LERK TO THE OARD
11.I.3. CR-510 PROJECT DEVELOPMENT AND ENVIRONMENT
STUDY – REVISED COST SHARE AGREEMENT WITH FLORIDA
DEPARTMENT OF TRANSPORTATION (RESOLUTION 2004-028
DATED MARCH 16, 2004)
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Adams, the Board
unanimously approved the revised Cost Share
Agreement and authorized the Chairman’s signature, as
recommended by staff.
OCTOBER 19, 2004 41
A
GREEMENT IS ON FILE IN THE
OCB
FFICE OF THE LERK TO THE OARD
11.I.4. BLUE CYPRESS LAKE PARK MANAGEMENT AGREEMENT
AMENDMENT – JONEAL MIDDLETON – 5-YEAR EXTENSION
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
approved extending the 1979 agreement for five more
years (terminating September 1, 2010), as
recommended by staff.
AA
MENDMENT TO GREEMENT IS ON FILE IN THE
OCB
FFICE OF THE LERK TO THE OARD
11.J.1. GOPHER TORTOISE INVESTIGATION AND RELOCATION
AT PROPOSED UTILITIES OPERATIONS AND MAINTENANCE
SITE – AMENDMENT #2 TO WORK ORDER #1 WITH BROWN &
CALDWELL, INC.
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Lowther, the Board unanimously
approved Addendum No. 2 to Work Order No. 1 in the
maximum upper-limit amount of $9,000 to evaluate the
project site for the presence of Gopher Tortoise burrows
and coordinate relocation efforts as required by FFWC,
as recommended by staff.
OCTOBER 19, 2004 42
\\
A#2WO#1
MENDMENT TO ORK RDER IS ON
FCB
ILE IN THE OFFICE OF THE LERK TO THE OARD
11.J.2. TELEMETRY SYSTEM UPGRADE – DATA FLOW SYSTEMS
– BID #6083
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
approved awarding Bid #6083 to Data Flow Systems,
Inc. as the most responsive bidder meeting the technical
criteria as set forth in the Invitation to Bid and
authorized staff to enter negotiations with Data Flow
Systems, Inc. to reduce the cost of the project by
utilizing less expensive equipment or by modifying
existing equipment, to include a formal agreement on
fixed costs for a minimum five-year period, as
recommended by staff.
11.J.3. UNITED STATES EMERGENCY PREPAREDNESS
EMERGENCY RESPONSE PLAN (ERP) – WORK
AUTHORIZATION #2 – CDM, INC. – FINAL PAYMENT
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Lowther, the Board unanimously
approved final payment to CDM, Inc. in the amount of
$8,627.73, as recommended by staff.
OCTOBER 19, 2004 43
DOCUMENTS TO BE ADDED TO THE RECORD – (1) DODGERTOWN
EXCHANGE OF PROPERTY – (2) HURRICANES FRANCES AND
JEANNE EMERGENCY ORDER 2004-11 – (3) EMERGENCY
CONTRACT WITH COASTAL SERVICES OF FLORIDA, LLC
REGARDING REMOVAL OF HURRICANES FRANCES AND
JEANNE GENERATED MULCH – (4) EVANS PROPERTIES
LETTER TO FDEP RE AGRICULTURAL USE PLAN FOR
COMPOSTING YARD WASTE GENERATED BY COASTAL
SERVICES CONTRACT (ITEM 3)
The following have been received and are on file in the office of the Clerk to the Board:
1. Documents Regarding Exchange of Property with Dodgertown Venture, LLLP
(CLERK’S NOTE: See also Official Documents #04-048 on 03/09/04 and
#04-152 on 07/06/04, and Resolution 2004-033):
a. Closing Statement and Closing Agreement
b. Owner’s Affidavit
c. Special Warranty Deed for right-of-way parcels
d.Special Warranty Deed for parking facility
e. Easement
f. Certified Copy of Traffic Impact Fee Credit Agreement
g. First Amendment to Facility Lease Agreement
h. First Amendment to Collateral Development Agreement
OCTOBER 19, 2004 44
i. Termination of Declaration of Easements for Parking
j.Chicago Title Insurance Company Owner’s Title Policy
No. 102976106-11
k. Boundary Survey
2. Emergency Order #2004-11 in Connection with Hurricanes Frances and Jeanne
Modifying the Sealed Bid Threshold from $5,000 to $25,000.
3. Emergency Contract with Coastal Services of Florida, LLC for removal of
Hurricanes Frances and Jeanne generated mulch from the former Dickerson
st
Asphalt Plant site (1 Street and US#1).
4. Evans Properties, Inc. letter to Florida Department of Environmental Protection
(FDEP) regarding agricultural use plan for the composting of yard waste generated
by the Emergency Contract with Coastal Services of Florida, LLC.
14.A. EMERGENCY SERVICES DISTRICT
None.
14.B. SOLID WASTE DISPOSAL DISTRICT
None.
.
14.C. ENVIRONMENTAL CONTROL BOARD
None.
ALLBACKUPDOCUMENTATION,RESOLUTIONS,ANDORDINANCESAREONFILEINTHEOFFICEOF
THECLERKTOTHEBOARDANDAREHEREBYMADEAPARTOFTHESEMINUTES
OCTOBER 19, 2004 45
There being no further business, on Motion duly made, seconded and carried, the Board
adjourned at 1:00 p.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman
Minutes Approved: __November 9, 2004
BCC/PLJ/2004Minutes
OCTOBER 19, 2004 46