HomeMy WebLinkAbout01/16/2007 (5)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JANUARY 16, 2007
1. CALL TO ORDER I
2. INVOCATION I
3. PLEDGE OF ALLEGIANCE I
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCYITEMS 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION HONORING TANHUM GOLDSHMID ON HIS
RETIREMENT FROM INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT
EFFECTIVE JANUARY19, 2007 2
6. APPROVAL OF MINUTES - NONE 2
7. CONSENT AGENDA 2
7.A. APPROVAL OF WARRANTS -DECEMBER 29, 2006 - JANUARY 4, 2007 3
7.B RESIGNATION AND APPOINTMENT OF DISTRICT 5 APPOINTEE TO THE UTILITY
ADVISORY COMMITTEE 3
7.C. 2007 ELECTION OF PARKS & RECREATION COMMITTEE (P&R) CHAIRMAN AND
VICE CHAIRMAN 4
January 16, 2007 1
7.D. 2007 ELECTION OF UTILITY ADVISORY COMMITTEE (UAC) CHAIRMANAND
VICE CHAIRMAN 4
7.E. 2007 ELECTION OF LAND ACQUISITION ADVISORY COMMITTEE (LAAC)
CHAIRMANAND VICE CHAIRMAN 4
7.F. 2007 ELECTION OF ENTERPRISE ZONE DEVELOPMENT AGENCY (EZDA)
CHAIRMANAND VICE CHAIRMAN 5
7.G. OUT OF COUNTY TRAVEL TO ATTEND "THE SUNSHINE LAW" SYMPOSIUM
JANUARY 31, 2007 5
7.H. APPOINTMENT OF INDIAN RIVER COUNTY REPRESENTATIVES TO THE
ALLIANCE OF OKEECHOBEE & THE TREASURE COAST 5
7i 2007/2008 BUDGET WORKSHOP/HEARING SCHEDULE 6
7.J. PAVING 37TH STREET FROM 66THAVENUETO 58THAVENUE - VERO VILLAGE,
LLC 6
7.K. ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT (SJR WMD)
ENVIRONMENTAL RESOURCES PERMIT (ERP) FOR THE REPAIR/REPLACEMENT
OF THE WABASSO CAUSEWAY FISHING PIERS - G. K. ENVIRONMENTAL, INC. 6
7.L. MISCELLANEOUS BUDGET AMENDMENT 007 7
7.M. CUSTODIAL SERVICES AMENDMENT #3 (REDUCTION OFAREASAND COSTS 7
7.N. CHILDREN'S SERVICES ADVISORY COMMITTEE'S ANNUAL REPORT, 2005-06
AND YEAR-END MONITORING REPORT, 2005-06 8
7.0. RE AWARD OFIRCBID # 2006097 DEMOLITION OF (5) CONDEMNED
STRUCTURES 8
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -
NONE 9
9. PUBLIC ITEMS 9
9.A. PUBLIC HEARING 9
9.A.1. BOARD CONSIDERATION TO APPROVE PURCHASE OF AGRICULTURAL
CONSERVATION EASEMENTS ON THE SEXTON RANCH UNDER THE COUNTY
ENVIRONMENTAL LANDS PROGRAM 9
January 16, 2007 2
9.A.2. PUBLIC HEARING FOR APPROVAL OFA RESOLUTION ELECTING TO USE THE
UNIFORM METHOD FOR THE LEVY, COLLECTION AND ENFORCEMENT OF NON
AD VALOREM ASSESSMENTS FOR THE WEST WABASSO STREET LIGHTING
MUNICIPAL SERVICE BENEFIT UNIT 13
9.B. PUBLIC DISCUSSION ITEMS - NONE 14
9.C. PUBLIC NOTICE ITEMS 14
9. C.1. SCHEDULED FOR PUBLIC HEARING FOR JANUARY23, 2007: 15
9. C1.A. CONTINUATION OF PUBLIC HEARING FROM DECEMBER 5, 2006 MEETING.
PROPOSED AMENDMENTS TO LDR CHAPTER 910, CONCURRENCY
MANAGEMENT SYSTEM; TITLE X, IMPACT FEES; AND CHAPTER 912,
SINGLE-FAMILY DEVELOPMENT (LEGISLATIVE) 15
9. C.2. NOTICE OF SCHEDULED PUBLIC HEARING FOR FEBRUARY 6, 2007: 15
9. C2.A. VERO 45 LLC: REQUEST TO REZONE ±1.81 ACRES LOCATED AT THE
SOUTHEAST QUADRANT OF THE INTERSECTION OF U.S. HIGHWAY1 AND 45TH
STREET FROM CH, HEAVY COMMERCIAL DISTRICT, TO CG, GENERAL
COMMERCIAL DISTRICT. VERO 45, LLC, OWNERS. NEW URBAN GROUP,
AGENT ( QUASI-JUDICIAL) 15
9. C.2.B. TRIPLE S PROPERTIES, INC: REQUEST TO REZONE 19.63 ACRES LOCATED
WEST OF INDIAN RIVER BLVD. AND 550 FEET SOUTH OF THE INTERSECTION OF
INDIAN RIVER BLVD. AND 41ST STREET FROM MED, MEDICAL DISTRICT TO
OCR, OFFICE, COMMERCIAL, RESIDENTIAL DISTRICT. TRIPLE S PROPERTIES,
OWNER. BRUCEBARKETT, AGENT (QUASI-JUDICIAL 15
9. C.2. C. GRAND HARBOR NORTHLANDS, ET AL.: REQUEST TO REZONE +/-435.88
ACRES LOCATED BETWEEN 63RD STREET AND THE NORTH RELIEF CANAL AND
EAST OF US HWY1, FROM PD, PLANNED DEVELOPMENT TO RS -3, SINGLE
FAMILY RESIDENTIAL DISTRICT (UP TO 3 UNITS/ACRE), RM -3,
MULTIPLE -FAMILY RESIDENTIAL DISTRICT (UP TO 3 UNITS/ACRE), AND
CON -2, ESTUARINE WETLANDS CONSERVATION (UP TO 1 UNIT/40 ACRES) AND
BEB INVESTMENTS LTD. 'S REQUEST FOR A SMALL SCALE LAND USE PLAN
AMENDMENT TO REDESIGNATE 11.81 ACRES LOCATED SOUTH OF 63RD STREET
AND EAST OF US HWY1 FROML-1, LOW DENSITY RESIDENTIAL -1 (UP TO 3
UNITS/ACRE) TO C/I, COMMERCIAL INDUSTRIAL AND TO REZONE THOSE 11.81
January 16, 2007 3
ACRES FROMPD TO CG, GENERAL COMMERCIAL; AND TO REDESIGNATE 1-1.81
ACRES LOCATED NORTH OF THE NORTH RELIEF CANAL AND EAST OF US HWY1
FROM C/I TO L-1 AND REZONE THOSE 1.81 ACRES FROMPD TO RM -3. -
QUASI-JUDICIAL 15
9. C2.D. GH VERO BEACH DEVELOPMENT LLC AND GRAND HARBOR NORTHLAND
LLC: REQUEST FOR A PROPOSED CHANGE TO THE GRAND HARBOR DRI
DEVELOPMENT ORDER TO ADD THE "RIVERBEND PD" SITE - QUAS- JUDICIAL16
9. C2.E. GRAND HARBOR NORTHLAND LLC: REQUEST FOR SPECIAL EXCEPTION
USE AND CONCEPTUAL PD PLAN APPROVAL FOR A DEVELOPMENT TO BE KNOWN
AS THE ISLES OF GRAND HARBOR. GRAND HARBOR NORTHLAND LLC,
OWNER. MASTELLER & MOLER, INC., AGENT. LOCATED ADJACENT TO THE
ORIGINAL GRAND HARBOR SITE, AND NORTH OF THE NORTH RELIEF CANAL,
BETWEEN US HIGHWA Y1 AND THE INDIAN RIVER LAGOON, SOUTH OF 63RD
STREET - QUASI-JUDICIAL 16
10. COUNTY ADMINISTRATOR'S MATTERS - NONE 17
11. DEPARTMENTAL MATTERS 17
11.A. COMMUNITY DEVELOPMENT 17
11.A.1. REQUEST FOR APPROVAL OF A RESOLUTION ENDORSING BY THE RIVER,
INC. ASA SPONSORING AGENCY FOR AN ASSISTED LIVING COMMUNITY UNDER
THE FLORIDA COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM 17
11.B. EMERGENCY SERVICES - NONE 18
11. C. GENERAL SERVICES - NONE 18
11.D. HUMAN RESOURCES - NONE 18
11.E. HUMAN SERVICES - NONE 18
11.F. LEISURE SERVICES - NONE 18
11. G. OFFICE OF MANAGEMENT AND BUDGET - NONE 18
11.H. RECREATION - NONE 18
11.L PUBLIC WORKS 18
January 16, 2007 4
11.L1. GIFFORD PARK MULTI-PURPOSE FIELD LIGHTING SYSTEM CONTRACT
AWARD MUSCO SPORTS LIGHTING, LLC 18
11.J. UTILITIES SERVICES 19
11.J.1. WORK ORDER No. 3 WITHSCHULKE, BITTLE & STODDARD, LLC FOR
CONSTRUCTION OFA 6-INCHMASTER PLANNED FORCE MAIN FROM OLD DIXIE
HIGHWAY TO THE LATERAL G CANAL AND REVISION OFA DEVELOPER'S
AGREEMENT WITH HIGH POINTE SUBDIVISION FOR OFF-SITE UTILITIES -
UCP 2598 19
12. COUNTY ATTORNEY MATTERS -NONE 20
13. COMMISSIONER ITEMS 20
13.A COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE 20
13.B. COMMISSIONER SANDRA L. BOWDEN. VICE CHAIR - NONE 20
13. C. COMMISSIONER WESLEY S. DAVIS - NONE 20
13.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 20
13.E. COMMISSIONER PETER D. O'BRYAN - NONE 20
14. SPECIAL DISTRICTS AND BOARDS 20
14.A. EMERGENCY SERVICES DISTRICT - NONE 20
14.B. SOLID WASTE DISPOSAL DISTRICT - NONE 20
14. C. ENVIRONMENTAL CONTROL BOARD - NONE 20
15. ADJOURNMENT 20
January 16, 2007 5
January 16, 2007
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular Session
at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, January
16, 2007, at 9:00 a.m. Present were Chairman Gary C. Wheeler, Vice Chair Sandra L. Bowden,
and Commissioners Wesley S. Davis, Joseph E. Flescher, and Peter D. O'Bryan. Also present
were County Administrator Joseph Baird; County Attorney William G. Collins II, and Deputy
Clerk Maria I. Suesz.
1. CALL TO ORDER
Chairman Wheeler called the meeting to order at 9:00 a.m.
2. INVOCATION
Commissioner Wesley S. Davis Reverend Kyle "K.C." Gibson, M. Div, Senior Pastor New
Bethel African Methodist Episcopal Church delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Wesley S. Davis led the Pledge of Allegiance to the Flag.
January 16, 2007 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Wheeler requested an emergency item be added to the agenda to discuss the
Commissioners' office Executive Aide Kim Massung. Vice Chair Bowden was opposed to his
request wanting more information. Chairman Wheeler stated that they are in the "Sunshine" Law
and he said the public has a right to know that Kim Massung was considering resigning, and
wanted to ask the Board for a vote of confidence on her behalf Vice Chair Bowden commented
that the Chairman might be getting into litigation, that it was an issue, and she wanted to know if
the others were aware of this. The Chairman was not aware of any litigation and since he did not
have a unanimous vote, he called for a "Special Call" meeting immediately following the Board
meeting to discuss this matter.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION HONORING TANHUM
GOLDSHMID ON HIS RETIREMENT FROM INDIAN RIVER COUNTY SOLID
WASTE DISPOSAL DISTRICT EFFECTIVE .JANUARY 19, 2007
Chairman Wheeler read and presented the Proclamation to Tanhum Goldshmid.
6. APPROVAL OF MINUTES - NONE
7. CONSENT AGENDA
Commissioner O'Bryan requested Item 7.N be pulled for discussion.
January 16, 2007 2
7.A. APPROVAL OF WARRANTS — DECEMBER 29, 2006 - .JANUARY 4,
2007
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for
December 29, 2006 — January 4, 2007, as requested in the
memorandum of January 4, 2007.
7.B RESIGNATION AND APPOINTMENT OF DISTRICT 5 APPOINTEE TO
THE UTILITY ADVISORY COMMITTEE
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously accepted the
resignation of Dr. Craig McGarvey as the District 5
Appointee to the UAC and approved the appointment of
Herbert Whittall to assume Dr. McGarvey's term, which
runs through January 2008, as recommended in the
memorandum of January 10, 2007.
January 16, 2007 3
7.C. 2007 ELECTION OF PARKS & RECREATION COMMITTEE (P&R)
CHAIRMAN AND VICE CHAIRMAN
The Board noted the re-election of Scott Chisholm as
Chairman and Dale Klaus as Vice Chairman of the Parks &
Recreation Committee for the year 2007 for the record.
7.D. 2007 ELECTION OF UTILITY ADVISORY COMMITTEE (UAC)
CHAIRMAN AND VICE CHAIRMAN
The Board noted the election of Bill Johnson as Chairman
and Mark Grossman as Vice Chairman of the Utility
Advisory Committee for the year 2007 for the record.
7.E. 2007 ELECTION OF LAND ACQUISITION ADVISORY COMMITTEE
(LAAC) CHAIRMAN AND VICE CHAIRMAN
The Board noted the election of Dr. Richard H. Baker as
Chairman and Adam Bolinger as Vice Chairman of the
Land Acquisition Advisory Committee for the year 2007,
as recommended in the memorandum of January 4, 2007.
January 16, 2007 4
7.F. 2007 ELECTION OF ENTERPRISE ZONE DEVELOPMENT AGENCY
(EZDA) CHAIRMAN AND VICE CHAIRMAN
The Board noted the election of Karl Zimmermann as
Chairman and re-election of Gwenda Thompson as Vice
Chairman of the Enterprise Zone Development Agency for
the record.
7.G. OUT OF COUNTY TRAVEL TO ATTEND "THE SUNSHINE LAW"
SYMPOSIUMJANUARY31, 2007
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved out
of county travel and $40 registration fee for Commissioners
and staff to attend "The Sunshine Law" Symposium on
January 31, 2007 from 1:00 p.m. to 4:00 p.m., at the Indian
River Community College in Ft. Pierce, as requested in the
memorandum of January 8, 2007.
7.H. APPOINTMENT OF INDIAN RIVER COUNTY REPRESENTATIVES TO
THE ALLIANCE OF OKEECHOBEE & THE TREASURE COAST
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously accepted the
appointments of Brad Bernauer, Human Services Director,
and Staff for the Children's Services Advisory Committee
January 16, 2007 5
and Leslie Spurlock, Executive Director of the Indian River
County Healthy Start Coalition, as recommended in the
memorandum of January 9, 2007.
7.1. 2007/2008 BUDGET WORKSHOP/HEARING SCHEDULE
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved the
Budget Workshop dates of July 18 —19, 2007, and the dates
for the Budget Hearings of September 5 and 12, 2007, as
recommended in the memorandum of January 5, 2007.
7.J. PAVING 37TH STREET FROM 661H AVENUE TO 58111 AVENUE — VERO
VILLAGE. LLC
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Alternative No. 1 whereby the entire 1 mile of 37th Street
between 66th Avenue and 58th Avenue is paved at the
County's cost of $779,207.48 and the Developer's cost of
$477,323.02, as recommended in the memorandum of
January 9, 2007.
7.K. ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT (SJR WMD)
ENVIRONMENTAL RESOURCES PERMIT (ERP) FOR THE
January 16, 2007 6
REPAIR/REPLACEMENT OF THE WABASSO CAUSEWAY FISHING PIERS — G. K.
ENVIRONMENTAL, INC.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Work Order GKE-WFP with G. K. Environmental Inc. in
the amount of $7,710.00 for the preparation of the ERP, as
recommended in the memorandum of January 10, 2007.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
7.L. MISCELLANEOUS BUDGET AMENDMENT 007
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Resolution 2007-002, amending the fiscal year 2006-2007
Budget.
7.M. CUSTODIAL SERVICES AMENDMENT #3 (REDUCTION OF AREAS
AND COSTS
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Amendment #3 to the Beachland Cleaning of Vero Beach
Agreement, as recommended in the memorandum of
January 8, 2007.
January 16, 2007 7
AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
7.N. CHILDREN'S SERVICES ADVISORY COMMITTEE'S ANNUAL
REPORT, 2005-06 AND YEAR-END MONITORING REPORT, 2005-06
Commissioner O'Bryan commended County Health Administrator Jean Kline for her hard
work.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Davis, the Board unanimously accepted the
Annual Report and the Year -End Report for 2005-06 of the
Children's Services Advisory Committee, as submitted and
recommended in the memorandum of January 4, 2007.
7.0. RE -AWARD OF IRC BID # 2006097 DEMOLITION OF (5)
CONDEMNED STRUCTURES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously
authorized the cancellation of Purchase Order #43938 and
further authorized the issuance of a Purchase Order to the
second low bidder, Jarvis Emergency Services, Inc., Vero
Beach, Fl. in the amount of $20,250.00 after receipt and
approval of the required Insurance Certificate, as
recommended in the memorandum of January 9, 2007.
January 16, 2007 8
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
9. PUBLIC ITEMS
9.A. PUBLIC HEARING
9.A.1. BOARD CONSIDERATION TO APPROVE PURCHASE OF
AGRICULTURAL CONSERVATION EASEMENTS ON THE SEXTON RANCH UNDER
THE COUNTY ENVIRONMENTAL LANDS PROGRAM
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Chairman Wheeler wanted to postpone this public hearing until the updated appraisal was
received. Commissioner Davis felt the people who came out for the public hearing had a right to
be heard. The Chairman proceeded to hold the public hearing.
Chief of Environmental Planning Roland DeBlois, AICP, presented this matter to the
Board using a PowerPoint presentation (copy on file). He wanted Board approval to exercise the
option agreement, conditioned upon revised appraisals forthcoming, supporting the purchase price
of $12,000,000.00. He also wanted authorization for staff to amend the agreement to allow tax
free exchange (subject to easements), and authorization for staff to proceed with due diligence and
closing. He advised that the Land Acquisition Advisory Council (LAAC) at its January 3, 2007
meeting, voted 10-1 for approval with the knowledge that a new appraisal was forthcoming.
The Chairman opened the public hearing.
January 16, 2007 9
Joe Collins, Attorney for the Sexton family, felt it was appropriate to take the testimony
from the people that were present. He asked the Board to go ahead and vote, if that is what they
intended to do. He also preferred to continue his comments on February 20, 2007.
The Chairman asked what was the pleasure of the Board.
MOTION WAS MADE by Commissioner Flescher to
postpone any and all discussion on this matter until
February 20, 2007 to have the opportunity to review the
updated appraisal, and have this item reviewed again by the
LAAC. There was no Second. Motion DIED.
Under discussion, Chief DeBlois clarified that the LAAC Committee made their decision
with the knowledge that staff had ordered a new appraisal. Commissioner Davis felt they should
hold the public hearing today, and just postpone the decision until February 20th. Commissioner
Flescher agreed and amended his motion to hold the public hearing today.
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner Davis, the Board unanimously approved to
hold the public hearing today, and postpone any decision by
the Board until February 20, 2007.
Pastor Ray Scent advocated in favor of staffs recommendation.
Sean Sexton gave a presentation of the history of the Sexton Family at the Treasure
Hammock Ranch.
January 16, 2007 10
Bill Becker, Chairman of the Finance Committee for the City of Vero Beach, felt this was a
"bad deal" and was opposed to the County spending millions of dollars to preserve someone's
private enterprise. He wanted the County to buy the land from the Sextons, use the matching funds
from the State to buy more land, and benefit from the purchase.
Joe Clark, residing on AlA, N. Hutchinson Island, disagreed with Mr. Becker. He wanted to
see the land preserved for agricultural use and to let the Sexton's maintain the property.
Joseph Paladin, 6454 Tropical Way, thought it was important to keep the Sexton family in
ranching, but he had a problem with using taxpayer's money when the taxpayers would not have
access to that property. He did not want the developer's rights extinguished. He discussed an idea
where the County could name a third party beneficiary, such as the Audubon Society or another
agency and set up a mitigation bank where they could store the development rights. His idea
included capping agricultural planned developments. Indirectly, they would be using development
funds to pay for the cost of development rights instead of using the fifty million dollars of bond
money,
Joseph DiFanti, 441 Holly Road, opposed this request and asked the Board to think about
what value was going to be afforded to the general population with this purchase.
Brian Heady, Vero Beach, suggested the Board reverse what they are doing by giving the
Sexton's the $12,000,000.00, and give the County title to the property; lease the property back to
them for the current taxes; and let them farm it but the County would own it.
The Board heard input from Sharon Sexton, wife of Sean Sexton, who told everyone that as
long as they have the property they intend to share it with the people of the Community.
January 16, 2007 11
Susie Karen, 8500 Indrio Road, member of the St Lucie County Planning and Zoning Board,
as well as the Vice Chair of the Transfer Development Rights Committee (TDR) and Purchase
Development Rights (PDR) Committee, spoke of development rights programs and banks that St.
Lucie County could provide information on. She did not want the Board to hesitate in making
their decision because she felt this was a "steal" for the County, the Sexton family should be
honored, and the Board should embrace this project.
Toni Robinson, 1111 Indian Mount Trail, agreed with comments made by Ms. Karen, and
spoke of benefits in having a conservation easement in the County.
Clerk's Note: The Chairman called for a recess at 10:31 a.m. and he reconvened the meeting
at 10:43 a.m.
Mary Jane Kelly, 7330 36th Court, Executive Director of the Cultural Council, said the
Council wanted to preserve historic places and cultural ways of life in this community, and from a
cultural perspective it was worth preserving.
Jen Tripsen, 2525 14th Street, wanted to clear up rumors that he was a descendant of Waldo,
and his family has no financial stake in this transaction. He spoke in favor of preserving the land
for agricultural conservation.
Renee Renzi, 301 Waverly Place, supported staffs recommendation.
Dr. Richard Baker, spoke of the educational workshops the Sexton family participated in.
He supported the Board considering the appraised values and whether they want to buy the
property. He suggested talking to Representative Stan Mayfield and Senator Ken Pruitt to have
them come up with some matching funds.
January 16, 2007 12
Melissa Tripsen, 2525 14th Street, spoke in favor of staff's recommendation.
There were no additional speakers and the Chairman closed the public hearing.
Discussion ensued and Commissioner Davis related that Dean Sanders, a former legislature
during the Governor Chiles administration, told him that funds might be obtainable through a
program called the "Florida Rule in Farmstead Stewardship Act." He suggested they start now and
put some emphasis on their Lobbyist.
Commissioner O'Bryan mentioned concerns addressed at the LAAC meeting regarding the
appraisal and thought it was wise to wait in making a decision. He said the same members did
proceed with their vote, even with their concerns, because there was strong support for the actual
project. He spoke of economic benefits of having the ranch and the revenue it brings to the
community. He wanted to make sure the Sexton family were recognized for their outstanding
stewardship of the property, their land management techniques, their best management practices,
and it gave him a great deal of confidence to know that they have a "pending agreement" that they
will continue to do the right thing by the land and the community.
Clerk's note: This public hearing will be continued on February 20, 2007.
9.A. 2. PUBLIC HEARING FOR APPROVAL OF A RESOLUTION ELECTING TO
USE THE UNIFORM METHOD FOR THE LEVY, COLLECTION AND
January 16, 2007 13
ENFORCEMENT OF NON AD VALOREM ASSESSMENTS FOR THE WEST
WABASSO STREET LIGHTING MUNICIPAL SERVICE BENEFIT UNIT
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Assistant County Attorney William DeBraal reviewed his memorandum of January 10, 2007
asking the Board to perform the second step in a three step process, to open the public hearing, take
testimony, and approve the Resolution electing to use the Uniform Method for the Levy Collection
and Enforcement of Non Ad Valorem Assessments for the West Wabasso Street Lighting
Municipal Service Benefit Unit. If this is approved, there will be a second public hearing coming
back to the Board in February.
The Chairman opened the public hearing. There were no speakers, and the Chairman closed
the public hearing.
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Resolution 2007-003, electing to use the uniform method
for the levy, collection, and enforcement of non ad valorem
assessments pursuant to Florida Statute 197.3632 to
recover the costs of street lighting and maintenance in the
West Wabasso area.
9.B. PUBLIC DISCUSSION ITEMS - NONE
9.C. PUBLIC NOTICE ITEMS
January 16, 2007 14
9. C. I. SCHEDULED FOR PUBLIC HEARING FOR JANUARY 23,
2007:
9. C I.A. CONTINUATION OF PUBLIC HEARING FROM DECEMBER 5, 2006
MEETING. PROPOSED AMENDMENTS TO LDR CHAPTER 910, CONCURRENCY
MANAGEMENT SYSTEM; TITLE X, IMPACT FEES; AND CHAPTER 912,
SINGLE-FAMILY DEVELOPMENT LEGISLATIVE)
9.C.2. NOTICE OF SCHEDULED PUBLIC HEARING FOR FEBRUARY 6,
2007:
9. C 2.A. VERO 45 LLC: REQUEST TO REZONE ±1.81 ACRES LOCATED AT
THE SOUTHEAST QUADRANT OF THE INTERSECTION OF U.S. HIGHWAY I AND
45TH STREET FROM CH, HEAVY COMMERCIAL DISTRICT, TO CG, GENERAL
COMMERCIAL DISTRICT. VERO 45, LLC, OWNERS. NEW URBAN GROUP,
AGENT ( QUASI-JUDICIAL)
9. C 2.B. TRIPLE S PROPERTIES, INC: REQUEST TO REZONE 9.63 ACRES
LOCATED WEST OF INDIAN RIVER BLVD. AND 550 FEET SOUTH OF THE
INTERSECTION OF INDIAN RIVER BLVD. AND 4187 STREET FROM MED,
MEDICAL DISTRICT TO OCR, OFFICE, COMMERCIAL, RESIDENTIAL
DISTRICT. TRIPLE S PROPERTIES, OWNER. BRUCE BARKETT, AGENT
QUASI-JUDICIAL
9. C 2. C GRAND HARBOR NORTH LANDS, ET AL.: REQUEST TO REZONE
+1-435.88 ACRES LOCATED BETWEEN 63RD STREET AND THE NORTH RELIEF
January 16, 2007 15
CANAL AND EAST OF US HWY 1, FROM PD, PLANNED DEVELOPMENT TO
RS -3, SINGLE FAMILY RESIDENTIAL DISTRICT (UP TO 3 UNITS/ACRE), RM -3,
MULTIPLE -FAMILY RESIDENTIAL DISTRICT (UP TO 3 UNITS/ACRE), AND
CON -2, ESTUARINE WETLANDS CONSERVATION (UP TO 1 UNIT/40 ACRES)
AND BEB INVESTMENTS LTD.'S REQUEST FOR A SMALL SCALE LAND USE
PLAN AMENDMENT TO REDESIGNATE ±1.81 ACRES LOCATED SOUTH OF 63RD
STREET AND EAST OF US HWY 1 FROM L-1, LOW DENSITY RESIDENTIAL -1
(UP TO 3 UNITS/ACRE) TO C/I, COMMERCIAL INDUSTRIAL AND TO REZONE
THOSE ±1.81 ACRES FROM PD TO CG, GENERAL COMMERCIAL; AND TO
REDESIGNATE ±1.81 ACRES LOCATED NORTH OF THE NORTH RELIEF CANAL
AND EAST OF US HWY 1 FROM C/I TO L-1 AND REZONE THOSE 1.81 ACRES
FROM PD TO RM -3. - QUASI-JUDICIAL
9. C 2.D. GH VERO BEACH DEVELOPMENT LLC AND GRAND HARBOR
NORTH LAND LLC: REQUEST FOR A PROPOSED CHANGE TO THE GRAND
HARBOR DRI DEVELOPMENT ORDER TO ADD THE "RIVERBEND PD" SITE -
QUAS- JUDICIAL
9. C 2.E. GRAND HARBOR NORTHLAND LLC: REQUEST FOR SPECIAL
EXCEPTION USE AND CONCEPTUAL PD PLAN APPROVAL FOR A DEVELOPMENT
TO BE KNOWN AS THE ISLES OF GRAND HARBOR. GRAND HARBOR NORTH
LAND LLC, OWNER. MASTELLER & MOLER, INC., AGENT. LOCATED
ADJACENT TO THE ORIGINAL GRAND HARBOR SITE, AND NORTH OF THE
January 16, 2007 16
NORTH RELIEF CANAL, BETWEEN US HIGHWAY AND THE INDIAN RIVER
LAGOON, SOUTH OF 63RD STREET - QUASI-JUDICIAL
Executive Aide Kim Massung read the notices into the record.
10. COUNTY ADMINISTRATOR'S MATTERS - NONE
11. DEPARTMENTAL MATTERS
11.A. COMMUNITY DEVELOPMENT
11.A.1. REQUEST FOR APPROVAL OFA RESOLUTION ENDORSING BY THE
RIVER, INC. AS A SPONSORING AGENCY FOR AN ASSISTED LIVING
COMMUNITY UNDER THE FLORIDA COMMUNITY CONTRIBUTION TAX CREDIT
PROGRAM
Community Developer Director Bob Keating reviewed his memorandum of January 3, 2007
asking the Board to endorse "By the River, Inc." as a sponsoring agency, and to approve the
Resolution.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2007-004, endorsing By the River, Inc. as a
sponsoring agency under the Florida Community
Contribution Tax Credit Program; and finding that the
proposed By The River Assisted Living Facility is
consistent with the Indian River County Comprehensive
January 16, 2007 17
Plan and the Indian River County Land Development
Regulations.
11.B. EMERGENCY SERVICES - NONE
TLC. GENERAL SERVICES - NONE
11.D. HUMAN RESOURCES - NONE
11.E. HUMAN SERVICES - NONE
11.F. LEISURE SERVICES - NONE
11.G. OFFICE OF MANAGEMENT AND BUDGET - NONE
11.H. RECREATION- NONE
11.L PUBLIC WORKS
11.1.1. GIFFORD PARK MULTI-PURPOSE FIELD LIGHTING SYSTEM
CONTRACT AWARD MUSCO SPORTS LIGHTING, LL C
Public Works Director Jim Davis presented this item to the Board.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
January 16, 2007 18
to use the City of Jacksonville price agreement contract as a
contract for this project in the amount of $184,414.00, and
authorized FPL to install the appropriate service at a cost of
$17,915.23, as recommended in the memorandum of
January 4, 2007.
11.J. UTILITIES SERVICES
11. J.1. WORK ORDER No. 3 WITH SCHULKE, BITTLE & STODDARD, LL C
FOR CONSTRUCTION OFA 6-INCHMASTER PLANNED FORCE MAIN FROM OLD
DIXIE HIGHWAY TO THE LATERAL G CANAL AND REVISION OF A
DEVELOPER'S AGREEMENT WITH HIGH POINTE SUBDIVISION FOR OFF-SITE
UTILITIES — UCP 2598
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Work Order No. 3 with SBS in the amount of $25,440.00 to
provide surveying, design revisions, permitting and
construction services for the subject 6 -inch force main;
approved the revised Developer's Agreement with High
Pointe Subdivision; authorized the Utilities Department to
recover capacity charges and line extension fees from
benefiting property owners in perpetuity; and authorized
the Chairman to execute the same, as recommended in the
memorandum of November 7, 2006.
January 16, 2007 19
WORK ORDER NO. 3 IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
12. COUNTY ATTORNEY MATTERS - NONE
13. COMMISSIONER ITEMS
13.A COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE
13.B. COMMISSIONER SANDRA L. BOWDEN. VICE CHAIR - NONE
13. C COMMISSIONER WESLEY S. DAVIS - NONE
13.D. COMMISSIONER JOSEPH E. FLESCHER - NONE
13.E. COMMISSIONER PETER D. O'BRYAN - NONE
14. SPECIAL DISTRICTS AND BOARDS
14.A. EMERGENCY SERVICES DISTRICT - NONE
14.B. SOLID WASTE DISPOSAL DISTRICT - NONE
14. C. ENVIRONMENTAL CONTROL BOARD - NONE
15. ADJOURNMENT
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
January 16, 2007 20
There being no further business, on Motion duly made, seconded and carried, the Board
adjourned at 11:14 a.m.
ATTEST:
Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman
Minutes Approved:
BCC/MIS/2007Minutes
January 16, 2007 21