HomeMy WebLinkAbout01/17/2006
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JANUARY 17, 2006
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE...................................................................... 1
4.ADDITIONS/DELETIONS/CORRECTIONS TO THE
AGENDA/EMERGENCY ITEMS ............................................................. 1
6.A.APPROVAL OF MINUTES – DECEMBER 6, 2005 ............................... 2
6.B.APPROVAL OF MINUTES OF JOINT MEETING WITH
PLANNING AND ZONING COMMISSION - DECEMBER 7, 2005
.......................................................................................................................... 2
6.C.APPROVAL OF MINUTES – DECEMBER 13, 2005 ............................. 3
7.CONSENT AGENDA ................................................................................... 3
7.A.R .......................................................................................................................3
EPORT
7.B.AW–D30,2005J5,2006 ....................4
PPROVAL OF ARRANTS ECEMBER TO ANUARY
7.C.2006CAR-A .....................................4
OMMITTEE PPOINTMENTS AND EPPOINTMENTS
JANUARY 17, 2006 1
7.D.RKDCAIR
EAPPOINTMENT OF EVIN OTY AS IVIC SSOCIATION OF NDIAN IVER
C’RLAA
OUNTYS EPRESENTATIVE TO THE AND CQUISITION DVISORY
C(LAAC) ..................................................................................................4
OMMITTEE
7.E.RPLAB(PLAB)–
ESIGNATION FROM THE UBLIC IBRARY DVISORY OARD
MK,D1 ..........................................................................4
ARGARET AMAKARIS ISTRICT
7.F.REDC(EDC)–P
EAPPOINTMENT TO THE CONOMIC EVELOPMENT OUNCIL ENNY
C,IRCCC
HANDLER NDIAN IVER OUNTY HAMBER OF OMMERCE
R–HC,A..............................................5
EPRESENTATIVE ELENE ASELTINE LTERNATE
7.G.2006EPRC(P&R)C
LECTION OF ARKS AND ECREATION OMMITTEE HAIRMAN
SCVCWA .....................................5
COTT HISHOLM AND ICE HAIRMAN ILLIAM HERNS
7.H.O--CTCN
UTOFOUNTY RAVEL FOR OMMISSIONERS TO ATTEND THE ATIONAL
AC(NAC)ACE–
SSOCIATION OF OUNTIES O NNUAL ONFERENCE AND XPOSITION
A4-8,2006-C .....................................................................................5
UGUST HICAGO
7.I.WFBPR-RR
AIVER OF ORMAL ID ROCESS AND EAWARD THE OOF EPLACEMENT
SCR.O.WPCR
FOR THE OUTH OUNTY ATER LANT TO OMMUNITY OOFING
S,I. ............................................................................................................5
ERVICES NC
7.J.2006/2007BW/HS ..............................................6
UDGET ORKSHOPEARING CHEDULE
7.K.FPRR–JC,I.–
INAL AYMENT AND ELEASE OF ETAINAGE OHNSON ONTROLS NC
HVACC(HF)-S’O ............6
ONTROLS URRICANCE RANCIS RELATED HERIFFS FFICE
7.L.RF’RFPAM
ON OULKS EQUEST FOR INAL LAT PPROVAL FOR THE AGNOLIA
LAEP
AKES FFIDAVIT OF XEMPTION ROJECT
(2004030147-56473/SD-05-01-03)............................................................................7
7.M.BN.2006041-OR/L“J”CBR–
ID O SLO OADATERAL ANAL RIDGE EPLACEMENT
LMC,I. ........................................................................7
UCAS ARINE ONSTRUCTION NC
7.N.BN.7033–WADW,S,
ID O ORK UTHORIZATION IRECTIVE FOR ATER EWER AND
RWLR/ESB
ECLAIM ATER INE EPLACEMENTXTENSIONS FOR UNTRUST ANK
(R)WSSTDC,I.
OSELAND ATER AND EWER ERVICE BY HE ANELLA OMPANIES NC
–WON.2005-018-UCP2754 ................................................................7
ORK RDER O
7.O.RHISPRC
EVISION TO THE EALTH NSURANCE UBSIDY OLICY FOR ETIRED OUNTY
E,HF1,2006 ...............................................8
MPLOYEES IRED ON OR AFTER EBRUARY
JANUARY 17, 2006 2
7.P.R2006-003-LAPA
ESOLUTION OCAL GENCY ROGRAM GREEMENT FOR THE
FBPIICSMS–
ELLSMERE IKEPATH HASE FROM YPRESS TREET TO YRTLE TREET
PN.9917 ......................................................................................................8
ROJECT O
8.A.1 CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES – SHERIFF ROY RAYMOND – STATE CRIMINAL
ALIEN ASSISTANCE PROGRAM (SCAAP) – DEPARTMENT
OF JUSTICE – BUREAU OF JUSTICE ASSISTANCE (BJA) –
JUSTICE BENEFITS, INC. INVOICE ...................................................... 9
8.A.2CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - SHERIFF ROY RAYMOND - FORFEITURE
TRUST FUND – DRUG ABUSE RESISTANCE EDUCATION
PROGRAM (D.A.R.E.) ............................................................................... 10
9.A.1.PUBLIC HEARING – RESOLUTION 2006-004 - REQUEST FOR
AUTHORIZATION TO SUBMIT A FY 2005-2006 GRANT
APPLICATION FOR 49 USC CH. 53, SECTION 5307 MASS
TRANSIT CAPITAL AND OPERATING ASSISTANCE
–FEDERAL TRANSIT ADMINISTRATION (FTA) ............................. 10
9.A.2.PUBLIC HEARING – ORDINANCE 2006–001 – AMENDING
CHAPTER 302 (ANIMAL CONTROL AND KENNEL
REGULATIONS) – RESOLUTION 2005-005 – UPDATING FEES ... 12
9.B.1.PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM
JOE PALADIN REGARDING MILLSTONE LANDING
TH
TRAFFIC IMPACT FEES AND 27 AVENUE CONCURRENCY
– SHELBY HOMES .................................................................................... 14
JANUARY 17, 2006 3
9.C.1.PUBLIC NOTICE ITEMS - SCHEDULED FOR PUBLIC
HEARING ON JANUARY 24, 2006 ......................................................... 19
A.KB’R:R+/-.55
EVIN AILEYS EZONING EQUEST TO REZONE ACRES LOCATED
RD
83S110U.S.
NORTH OF TREET AND APPROXIMATELY FEET WEST OF
H1OCR,O,C,RD
IGHWAY FROM FFICE OMMERCIAL ESIDENTIAL ISTRICT TO
CL,LCD.CSIR
IMITED OMMERCIAL ISTRICT OMPLETE ERVICES OF NDIAN IVER
CI.,O.FJ,A–(Q-J) ................. 19
OUNTY NC WNER RANK OHNSON GENT UASIUDICIAL
B.BB’R:R+/-17.53
YRON EATTYS EZONING EQUEST TO REZONE ACRES LOCATED
THTH
16S66A,
AT THE NORTHWEST INTERSECTION OF TREET AND VENUE FROM
A-1,A-1D(1/5),RM-6,
GRICULTURAL ISTRICT UP TO UNIT ACRES TO
M-FRD(6/).B
ULTIPLEAMILY ESIDENTIAL ISTRICT UP TO UNITSACRE YRON
B,O.BB,A.(Q-J) ........................... 20
EATTY WNER RUCE ARKETT GENT UASIUDICIAL
9.C.2.PUBLIC NOTICE ITEM – SCHEDULED FOR PUBLIC
HEARING ON FEBRUARY 7, 2005 ........................................................ 20
RRRSO ....................................... 20
ESIDENCY ESTRICTIONS FOR EGISTERED EX FFENDERS
11.I.1.PUBLIC WORKS – TRAFFIC IMPACT CONSULTANT
REVIEW – MCMAHON ASSOCIATES, INC. – COUNTY CODE
REVIEW CONTRACT .............................................................................. 20
11.J.1.RFQ #2006036 UTILITIES SERVICES – ROCKRIDGE
SUBDIVISION SEWER REPLACEMENT PROJECT UCP #2521
- RANKING OF ENGINEERING CONSULTANTS AND
REQUEST FOR AUTHORIZATION TO NEGOTIATE AN
ENGINEERING DESIGN CONTRACT WITH #1 RANKED
ARCADIS G&M, INC. ............................................................................... 22
JANUARY 17, 2006 4
12.COUNTY ATTORNEY – DRI VESTING – REQUEST FOR
INDEPENDENT LEGAL OPINION ON DRI VESTING -
WATERWAY VILLAGE .......................................................................... 22
14.A.EMERGENCY SERVICES DISTRICT - NONE ................................... 23
14.B.SOLID WASTE DISPOSAL DISTRICT - NONE .................................. 23
14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 23
JANUARY 17, 2006 5
January 17, 2006
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
th
Regular Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on
Tuesday, January 17, 2006, at 9:00 a.m. Present were Chairman Arthur R. Neuberger, Vice
Chairman Gary C. Wheeler, and Commissioners Sandra L. Bowden, Wesley Davis and Thomas S.
Lowther. Also present were County Administrator Joseph Baird, County Attorney William G.
Collins II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Maria I. Suesz.
1. CALL TO ORDER
Chairman Neuberger called the meeting to order at 9:00 a.m.
2. INVOCATION
Pastor Ray Scent, Gathering of Devoted Servants, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Thomas S. Lowther led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS/CORRECTIONS TO THE
AGENDA/EMERGENCY ITEMS
JANUARY 17, 2006 1
Chairman Neuberger requested the following changes to today’s Agenda:
1.Corrected Backup – Item 9.A.2., correction on p.131; words “Court Cost
Ordinance” replaced with “Animal Control and Kennel Regulations
Ordinance”.
2.Addition to Backup – Item 9.B.1 - Letter and backup dated January 5, 2005
from Joseph Paladin.
3.Add Item 12.A. – County Attorney – DRI Vesting – Request for Independent
Legal Opinion.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously approved
all the above changes to the Agenda.
6.A. APPROVAL OF MINUTES – DECEMBER 6, 2005
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of December 6, 2005. There were none.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Regular Meeting of December 6, 2005, as
written and distributed.
6.B. APPROVAL OF MINUTES OF JOINT MEETING WITH
PLANNING AND ZONING COMMISSION - DECEMBER 7,
2005
JANUARY 17, 2006 2
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Joint Meeting with the Planning and Zoning Commission on December 7, 2005.
There were none.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously approved
the Minutes of the Joint Meeting with the Planning and
Zoning Commission on December 7, 2005, as written and
distributed.
6.C. APPROVAL OF MINUTES – DECEMBER 13, 2005
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of December 13, 2005. There were none.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously approved
the Minutes of the Regular Meeting of December 13, 2005,
as written and distributed.
7. CONSENT AGENDA
7.A. R
EPORT
The following report has been received and is on file in the office of the Clerk to the
Board:
1.Notice of Regular Quarterly Meetings – St. Johns Water Control District
JANUARY 17, 2006 3
7.B. AW–D30,2005J5,
PPROVAL OF ARRANTS ECEMBER TO ANUARY
2006
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
December 30, 2005 through January 5, 2006, as requested.
7.C. 2006CAR-A
OMMITTEE PPOINTMENTS AND EPPOINTMENTS
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, the Board unanimously approved
those representatives and members up for re-appointment
and to seek replacements for those positions marked
“Vacant” on the listing, as recommended in the
memorandum of January 11, 2006.
7.D. RKDCA
EAPPOINTMENT OF EVIN OTY AS IVIC SSOCIATION OF
IRC’RL
NDIAN IVER OUNTYS EPRESENTATIVE TO THE AND
AAC(LAAC)
CQUISITION DVISORY OMMITTEE
The re-appointment was noted for the record.
7.E. RPLAB
ESIGNATION FROM THE UBLIC IBRARY DVISORY OARD
(PLAB)–MK,D1
ARGARET AMAKARIS ISTRICT
The resignation was noted for the record.
JANUARY 17, 2006 4
7.F. REDC
EAPPOINTMENT TO THE CONOMIC EVELOPMENT OUNCIL
(EDC)–PC,IRCC
ENNY HANDLER NDIAN IVER OUNTY HAMBER
CR–HC,
OF OMMERCE EPRESENTATIVE ELENE ASELTINE
A
LTERNATE
The reappointment was noted for the record.
7.G. 2006EPRC
LECTION OF ARKS AND ECREATION OMMITTEE
(P&R)CSCVC
HAIRMAN COTT HISHOLM AND ICE HAIRMAN
WA
ILLIAM HERNS
The 2006 Elections were noted for the record.
7.H. O--CTC
UTOFOUNTY RAVEL FOR OMMISSIONERS TO ATTEND
NAC(NAC)A
THE ATIONAL SSOCIATION OF OUNTIES O NNUAL
CE–A4-8,2006-C
ONFERENCE AND XPOSITION UGUST HICAGO
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, the Board unanimously authorized
for out-of-county travel for Commissioners and staff to
st
attend the 71 National Association of Counties Annual
Conference and Exposition to be held August 4-8, 2005 in
Chicago, as recommended in the memorandum of January
10, 2006.
7.I. WFBPR-R
AIVER OF ORMAL ID ROCESS AND EAWARD THE OOF
RSCR.O.WP
EPLACEMENT FOR THE OUTH OUNTY ATER LANT
CRS,I.
TO OMMUNITY OOFING ERVICES NC
JANUARY 17, 2006 5
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, the Board unanimously authorized
waiving the formal bid process and authorized the
Purchasing Division to issue a purchase order in the amount
of $96,275.00 to Community Roofing Services, Inc. of
Vero Beach, as recommended in the memorandum of
January 9, 2006.
7.J. 2006/2007BW/HS
UDGET ORKSHOPEARING CHEDULE
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, the Board unanimously approved
the budget workshop dates (July 12-13, 2006) and the dates
for the budget hearings (September 6 & 13, 2006) for the
2006/2007 budgets, as recommended in the memorandum
of January 10, 2006.
7.K. FPRR–J
INAL AYMENT AND ELEASE OF ETAINAGE OHNSON
C,I.–HVACC(HF
ONTROLS NC ONTROLS URRICANCE RANCIS
)-S’O
RELATED HERIFFS FFICE
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, the Board unanimously approved
final payment of the retainage in the amount of $12,301.00
for the Agreement with Johnson Controls (Orlando
JANUARY 17, 2006 6
branch), as recommended in the memorandum of January
11, 2006.
7.L. RF’RFPA
ON OULKS EQUEST FOR INAL LAT PPROVAL FOR THE
MLAEP
AGNOLIA AKES FFIDAVIT OF XEMPTION ROJECT
(2004030147-56473/SD-05-01-03)
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, the Board unanimously granted
final plat approval for Magnolia Lakes, as recommended in
the memorandum of January 3, 2006.
7.M. BN.2006041-OR/L“J”CB
ID O SLO OADATERAL ANAL RIDGE
R–LMC,I.
EPLACEMENT UCAS ARINE ONSTRUCTION NC
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, the Board unanimously authorized
the Chairman to execute the Contract Documents with
Lucas Marine Construction, Inc., as recommended in the
memorandum of January 10, 2006.
AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
7.N. BN.7033–WAD
ID O ORK UTHORIZATION IRECTIVE FOR
W,S,RWL
ATER EWER AND ECLAIM ATER INE
R/ESB(R)
EPLACEMENTXTENSIONS FOR UNTRUST ANK OSELAND
JANUARY 17, 2006 7
WSSTDC,
ATER AND EWER ERVICE BY HE ANELLA OMPANIES
I.–WON.2005-018-UCP2754
NC ORK RDER O
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, the Board unanimously approved
Work Order No. 2005-018 authorizing Directive with The
Danella Companies, Inc., so that the Department of Utility
Services may begin work on the above-captioned project,
as recommended in the memorandum of January 5, 2006.
WORK AUTHORIZATION DIRECTIVE IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.O. RHISP
EVISION TO THE EALTH NSURANCE UBSIDY OLICY FOR
RCE,HF
ETIRED OUNTY MPLOYEES IRED ON OR AFTER EBRUARY
1,2006
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, the Board unanimously approved
to amend the policy to eliminate the health insurance
subsidy for employees hired on or after February 1, 2006,
as recommended in the memorandum of January 9, 2006.
7.P. R2006-003-LAP
ESOLUTION OCAL GENCY ROGRAM
AFBPII
GREEMENT FOR THE ELLSMERE IKEPATH HASE FROM
CSMS–PN.9917
YPRESS TREET TO YRTLE TREET ROJECT O
JANUARY 17, 2006 8
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, the Board unanimously adopted
Resolution 2006-003 authorizing execution of a Local
Agency Program Agreement for the Fellsmere Road
(CR-512) Bike Path/Sidewalk, between Myrtle Street and
Cypress Street, with the State of Florida, Department of
Transportation, and providing for an effective date.
AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
8.A.1 CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES – SHERIFF ROY RAYMOND – STATE CRIMINAL
ALIEN ASSISTANCE PROGRAM (SCAAP) – DEPARTMENT
OF JUSTICE – BUREAU OF JUSTICE ASSISTANCE (BJA) –
JUSTICE BENEFITS, INC. INVOICE
Harry Hall
, Comptroller of the Sheriff’s Office, updated the Commission
on the State Criminal Alien Assistance Program (SCAAP), a Federal program through the State,
that funds participating jurisdictions by partially reimbursing costs incurred by incarceration of
undocumented criminal aliens at correctional facilities. He advised that of the amount given the
County, $12,034.88 needed to be paid to the consulting firm, Justice Benefits, Inc., leaving the
County with a net total of $42,669.12. He requested the Board to grant approval to accept the
funds from the State and to pay the invoice.
JANUARY 17, 2006 9
The Chairman was concerned with the high cost of the consulting fee and Mr. Hall
explained that the consulting firm would be providing a level of service that his staff would not be
able to perform.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved
payment to Justice Benefits, Inc. in the amount of
$12,034.88, as requested in the memorandum of January
10, 2006.
8.A.2 CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - SHERIFF ROY RAYMOND - FORFEITURE
TRUST FUND – DRUG ABUSE RESISTANCE EDUCATION
PROGRAM (D.A.R.E.)
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, the Board unanimously approved
the use of $10,600 from the Law Enforcement Trust Fund
to support the Drug Abuse Resistance Education program
(D.A.R.E.), the National Night Out program and the
Florida Missing Children’s Day ceremony, as requested in
the memorandum of January 10, 2006.
9.A.1. PUBLIC HEARING – RESOLUTION 2006-004 - REQUEST FOR
AUTHORIZATION TO SUBMIT A FY 2005-2006 GRANT
APPLICATION FOR 49 USC CH. 53, SECTION 5307 MASS
JANUARY 17, 2006 10
TRANSIT CAPITAL AND OPERATING ASSISTANCE
–FEDERAL TRANSIT ADMINISTRATION (FTA)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director, Bob Keating, recommended that the Board
authorize staff to submit an application for Federal Mass Transit Funds. He stated that the grant
money goes to the Council on Aging to provide fixed route transit services within the county and
should provide for eight buses. He also explained that the County’s cost would be $412,899,
which is currently budgeted. Director Keating, in conclusion, recommended that the Board adopt
the proposed resolution authorizing the filing of FY 2005/06 Section 5307 Grant Application,
prior to which a public hearing should be conducted pursuant to the requirements of the Federal
Transit Agency.
Commissioner Bowden inquired whether the buses were replacements or new ones
and Director Keating replied they were replacements.
Commissioner Wheeler inquired whether or not the County’s portion comes out of
the General Fund, to which Director Keating replied that it did.
The Chairman opened the public hearing.
st
Ray Scent
, 1615 71 Court, spoke on behalf of people who do not have alternative
transportation and depended on the bus. He explained that transportation is not readily available at
the time it is most needed, which is during peak hours, to and from work. Adding more buses
might help if the scheduling time is reviewed and changes made to accommodate working people.
JANUARY 17, 2006 11
The Chairman asked MPO Staff Director, Phillip Matson, to provide an update on
the recent study that was conducted.
Director Matson informed the Commission that staff successfully applied for a grant
from the Department of Transportation (DOT), with 50% of the operating money to be supplied by
DOT to expand the hours of operation to include night service on selective routes and that the
program would be launched on a selective basis.
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously adopted
Resolution 2006-004 authorizing the filing of a FY 2005-06
Grant application for 49 USC CH. 53, Section 5307 Mass
Transit Capital and Operating Assistance.
9.A.2. PUBLIC HEARING – ORDINANCE 2006–001 – AMENDING
CHAPTER 302 (ANIMAL CONTROL AND KENNEL
REGULATIONS) – RESOLUTION 2005-005 – UPDATING
FEES
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Emergency Services Director, John King, stated Animal Control is a significant part
of the County’s health, safety, and welfare. He stated that staff was seeking to amend the Animal
Control Ordinance in three (3) areas:
JANUARY 17, 2006 12
(1) To clarify the language that requires pet owners to provide food, shelter and
water for their animals;
(2) to amend provisions on the handling of dangerous dogs. He believes certain
cases should be treated differently, for example, when cited for violation on someone’s property as
opposed to violation on a sidewalk; and
(3) to amend citation fees to offset cost especially when dealing with repeat
offenders.
The Chairman opened the public hearing.
Ms. Joan Carlson,
Director, Humane Society of Vero Beach, spoke in favor of the
changes to the Ordinance and also for the increase in fees. She strongly believes that Animal
Control has two roles, to enforce the law and to educate, which should help people to be more
responsible with their pets. She also hoped the Commission would vote in favor of the proposed
amendments.
Commissioner Wheeler complimented Ms. Carlson on the outstanding facilities she
operates and thanked her for her contribution to the community.
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously adopted
Ordinance 2006-001, amending the County’s animal
control ordinance; providing findings; providing intent and
purposes; providing a title and citation; providing for
construction and interpretation; providing definitions;
amending certain definitions; amending provisions for
vaccination and licensing of certain animals; amending
certain provisions concerning owner responsibilities;
JANUARY 17, 2006 13
providing for restriction on animals in vehicles; amending
procedures for redemption of animals; amending certain
provisions regarding rabies control; providing for
imposition of restrictions on dogs involved in attack or bite
incidents; amending certain provisions concerning
dangerous dogs; providing for mandatory impoundment in
certain circumstances; providing for mandatory microchip
implantation in specified circumstances; amending certain
penalty and enforcement provisions; providing for
applicability; providing for severability; providing for
repeal of other conflicting ordinances; providing for
inclusion in the code of laws and ordinances of Indian River
County; providing for filing with the Department of State
and providing an effective date.
The Board also unanimously adopted Resolution 2006-005,
amending the existing fees, penalties, and procedures
related to the enforcement of the animal control ordinance;
amending existing civil penalties for violations of specific
sections of the animal control ordinance; and amending the
existing fees and costs for administering dangerous dog
requirements.
9.B.1. PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM
JOE PALADIN REGARDING MILLSTONE LANDING
JANUARY 17, 2006 14
TH
TRAFFIC IMPACT FEES AND 27 AVENUE
CONCURRENCY – SHELBY HOMES
Joseph Paladin
, President, Atlantic Coast Construction, 730 Commerce Center
Drive, Sebastian, presented facts surrounding the vesting of concurrency on Shelby Homes’
th
Millstone Landing project on 27 Avenue and the effects of the existing level of service.
He discussed the initial process of the application and subsequent actions taken by County staff.
He felt vesting was done incorrectly; was not valid; and, the concurrency should be put back in
place so all developers and builders can fairly work towards getting a building permit to continue
building. Since Millstone is to be developed in phases, he wanted to see Millstone vested for
Phase I only (copy of presentation on file).
The Board sought answers from County Attorney Collins on what could have gone
wrong in what appeared to have been a simple process. Attorney Collins felt it was all timing; the
acceptance of the application one day and the institution of the “pending ordinance” the next. He
also clarified that the application was put on hold, not denied.
Further discussion ensued and Community Development Director, Bob Keating,
gave a walk-through of the timeline for the application outlining the program. Among other
questions from the Board, clarification was sought on whether there was anything in writing and
did the applicant agree to accept less capacity. Director Keating said they had nothing in writing
and the applicant had verbally agreed to accept less.
Attorney Collins also supported the normal routine of the application and could not
see any attempt to circumvent because no one knew beforehand of the “pending ordinance”.
Discussion continued between the Board and staff regarding the denial process and
whether there was anything in writing to substantiate the requests. County Administrator Baird
reminded them that the applications were made ahead of the “pending ordinance” and staff could
not apply the rule retroactively.
JANUARY 17, 2006 15
The Board sought further clarification on the availability of concurrency and
eventual rejection of the application as well as the appeal process. Confirmation was also sought
on whether it was put on hold or rejected. Administrator Baird said it was put on hold.
rd
Spencer Simmons
, Simmons Homes, 118 43 Avenue, joined the discussion. He
questioned the Board on the provisions of LDR 910.05 regarding the administration of
concurrency; did not understand the actions taken by staff; and, felt that the rules were made to fit
people staff wanted to work with.
Administrator Baird acknowledged Mr. Simmons’ frustration but supported staff’s
handling of the matter under the rules at the time. Director Keating vouched that the actions were
appropriate. Further discussion encompassed the importance of informing the Commission
beforehand, of foreseeable problems and whether the decision to put on hold or in denial status
was done in accordance with our Ordinance.
Mr. Robert Shelley
of Shelby Homes related his work with the County, which
began over two years ago. He reminded the Board of significant contributions Shelby Homes has
th
made to the County through major road improvements (turn lanes to 27), intersecting roads in the
community, and donation of about $3 million worth of land for schools to be built. He, therefore,
resented Mr. Paladin’s comments that they were out-of-towners coming in to use up all the
capacity. He felt they should not be adversaries but should try to come together with a solution.
He also provided a walk-through of his application from inception to present and felt they followed
all the requirements and had done nothing wrong.
Commissioner Davis did not want to blame anyone but felt we needed to look at
changing certain provisions regarding denying an application or putting it on hold.
Mr. Shelley
defended the reason his application was put on hold.
JANUARY 17, 2006 16
Administrator Baird commented on procedures usually followed by staff in
processing such applications.
(CLERK’S NOTE: THE CHAIRMAN CALLED A SHORT RECESS AT 10:28 A.M.
AND RECONVENED AT 10:39 A.M. WITH ALL MEMBERS PRESENT.)
Discussion continued and County Traffic Engineer, Chris Mora, provided
comments on traffic studies.
Beth-Ann Krimskey, Esquire
, Ruden McCloskey et al, 145 NW Central Park
Place, Port St. Lucie, representing Shelby Homes. She stated that while she appreciated the
opportunity for herself and Mr. Shelley to address the Commission they were not waiving any
rights by doing so at this time. Also they did not believe there was a pending appeal in relation to
the concurrency determination that took place on December 12, 2005; there was no appropriate
action for the Board to take at that time and this was not a fact-based hearing. The key point is that
th
the determination was made; the final certificate was issued on December 12 ; and, as County
Attorney Collins pointed out to the Commission, there is a very specific procedure in the Code
(910.12) relating to concurrency determinations. Concluding, she again thanked the Commission
for the opportunity of having the public discussion and stated, for the record, that there was no
authority at that point to take any action on the appeal.
Commissioner Lowther reiterated that this does bring forward the issue of how
th
important it is for the Board to possibly look at the “boulevard effect” for 27 Avenue; and, to
design something that the residents of Indian River County would be happy with. He agreed with
Commissioner Davis that the applications were in before the pending ordinance doctrine was set.
JANUARY 17, 2006 17
He thinks we need to be pro-aggressive and begin to do things that look good and appeal to Indian
River County.
Commissioner Davis’ concern was not about the appeal or the timeframe but about
putting the application on hold until capacity became available.
Commissioners agreed that staff followed the rules; however, they were not happy
with the outcome.
John Higgs
, 45 Waxmyrtle Way, Vero Beach, Chairman of Indian River
Neighborhood Association, commented that over a year ago he and others pointed out to the
Commission that the pace of development in Indian River County was unsustainable and if we did
not take time-out to review the situation we would have a terrible problem, and such prediction
was now apparent. He offered suggestions that were limited specifically to Mr. Paladin’s
initiative. He questioned the Commission’s reliance on staff’s opinions and staff’s understanding
of the requirements for builders. He recommended that a party, independent of staff, the
Commission, and the developers, review the situation on whether it was legal; and how to prevent
future occurrences.
Mr. Simmons
commented on Mr. Paladin’s statement regarding the developers
giving back capacity.
Mr. George Christopher
felt all appearances of favoritism should be avoided as we were
walking through a field of legal eggshells. He also related certain incidents and his under-standing
of the matter.
st
George Sigler
, 155 31 Avenue, Vero Beach, addressed the Commission regarding his
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permit for converting a house on 27 Avenue. He believed that the decision on the concurrency
th
was wrong and the Commission should vote to widen the roads at 27 Avenue and court
appearances should be avoided.
JANUARY 17, 2006 18
th
Dian George
, 1515 27 Avenue, spoke briefly. She was concerned about an article she
read, in the morning papers, which stated, “we should be able to trust our elected officials to do
thrd
what they said they were going to do.” She did not support the widening of 27 & 43Avenues.
When asked if the boulevard effect would work, Director Davis responded it could work
with circular driveways but may require some modifications to individual driveways.
Further discussion ensued between staff and the Commissioners regarding the designs.
Mr. Paladin
rejoined the discussion and defended the individual needs of the people on
thth
27 Avenue. He also explained that he had no personal gain on 27 Avenue and any personal gain
he may have had on any of his projects he had brought forward to the Commission before he
proceeded.
NO ACTION REQUIRED OR TAKEN.
9.C.1. PUBLIC NOTICE ITEMS - SCHEDULED FOR PUBLIC
HEARING ON JANUARY 24, 2006
A. KB’R:R+/-.55
EVIN AILEYS EZONING EQUEST TO REZONE ACRES
RD
83S110
LOCATED NORTH OF TREET AND APPROXIMATELY FEET
U.S.H1OCR,O,C,
WEST OF IGHWAY FROM FFICE OMMERCIAL
RDCL,LC
ESIDENTIAL ISTRICT TO IMITED OMMERCIAL
D.CSIRCI.,
ISTRICT OMPLETE ERVICES OF NDIAN IVER OUNTY NC
O.FJ,A–(Q-J)
WNER RANK OHNSON GENT UASIUDICIAL
JANUARY 17, 2006 19
B. BB’R:R+/-17.53
YRON EATTYS EZONING EQUEST TO REZONE
TH
16
ACRES LOCATED AT THE NORTHWEST INTERSECTION OF
TH
S66A,A-1,A-1
TREET AND VENUE FROM GRICULTURAL
D(1/5),RM-6,
ISTRICT UP TO UNIT ACRES TO
M-FRD(6
ULTIPLEAMILY ESIDENTIAL ISTRICT UP TO
/).BB,O.BB,
UNITSACRE YRON EATTY WNER RUCE ARKETT
A.(Q-J)
GENT UASIUDICIAL
The Chairman read the notices into the record.
9.C.2. PUBLIC NOTICE ITEM – SCHEDULED FOR PUBLIC
HEARING ON FEBRUARY 7, 2005
RRRSO
ESIDENCY ESTRICTIONS FOR EGISTERED EX FFENDERS
11.I.1. PUBLIC WORKS – TRAFFIC IMPACT CONSULTANT
REVIEW – MCMAHON ASSOCIATES, INC. – COUNTY CODE
REVIEW CONTRACT
County Traffic Engineer, Chris Mora, had no presentation but provided a follow-up
to the Planning & Zoning Commission’s request and the Board’s request that they get a traffic
impact analysis done by an outside traffic-engineering consultant. He had received a proposed
contract from McMahon & Associates to do a review of our entire traffic impact study process to
make sure we are doing it in accordance with best practices (trip generation etc.).
Commissioner Lowther referred to item C of McMahon’s Comparative Review,
(page 179 of back-up) which requested three other Florida counties be reviewed and compared to
JANUARY 17, 2006 20
Indian River County’s requirements and procedures as they pertain to the County’s areas of
concern, and questioned whether we were going to also listen to the Consultant if he comes
forward with additional types of communities.
Mr. Mora responded that they recently had a meeting and decided to have the
Consultant look at five different local Florida governments, including one out–of-state examples
of traffic impact procedures.
Mr. George Christopher
commented that although we would be looking at other
counties the test would be what are the best practices for Indian River County and not what other
communities are doing. He requested that the meeting with staff and consultants be opened to the
public and he be given prior written notice.
The Chairman informed him that those meetings are always open and agreed to his
request for prior notice.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Bowden, the Board unanimously approved
Alternative No. 1 to accept the study proposal and
authorized the County Administrator to sign the proposed
contract with McMahon Associates, Inc., as recommended
in the memorandum of January 9, 2006.
CONTRACT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
JANUARY 17, 2006 21
11.J.1. RFQ #2006036 UTILITIES SERVICES – ROCKRIDGE
SUBDIVISION SEWER REPLACEMENT PROJECT UCP
#2521 - RANKING OF ENGINEERING CONSULTANTS AND
REQUEST FOR AUTHORIZATION TO NEGOTIATE AN
ENGINEERING DESIGN CONTRACT WITH #1 RANKED
ARCADIS G&M, INC.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously authorized
staff to proceed with negotiations with Arcadis G&M, Inc.
for a contract for the design, permitting and construction
oversight for the construction of a Rockridge Vacuum
Sewer System. Should the Utility Department fail to reach
an agreement with Arcadis, the Utility Department reserves
the right to negotiate with Option 2,
Baskerville-Donovan, Inc., as recommended in the
memorandum of January 8, 2006.
12. COUNTY ATTORNEY – DRI VESTING – REQUEST FOR
INDEPENDENT LEGAL OPINION ON DRI VESTING -
WATERWAY VILLAGE
Attorney Collins informed that, at the last Planning Committee meeting, Waterway
Village came in for Phase II of their approved Development of Regional Impact (DRI). He said
they were looking for a preliminary plan approval for that phase and the Planning & Zoning
Committee was divided as to whether or not this project should go forward without a concurrency
JANUARY 17, 2006 22
review. An initial motion to table failed by a vote of 3-4 and County Administrator Baird
suggested a compromise that Phase II be approved on the condition that no further Phases be
approved until the Board obtained an independent legal opinion. Attorney Collins recommended
that the Commission authorize him to seek an independent legal opinion on the matter.
The Chairman liked the idea of reviewing them occasionally.
Commissioner Lowther asked for confirmation that this was our only DRI. He also
commented on the thorough process and stages of working with a DRI.
Attorney Collins agreed it goes through a much more rigorous review, not only local
but at the regional level.
Further discussion on the subject ensued between the Commissioners.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously authorized
the County Attorney’s office to obtain an independent legal
opinion as to whether development of regional impacts
vests for purposes of concurrency when their final
development order is issued or, whether subsequent
concurrency analysis is required at each subsequent phase
of development approval for development of regional
impacts, as requested in the memorandum of January 16,
2006.
14.A. EMERGENCY SERVICES DISTRICT - NONE
14.B. SOLID WASTE DISPOSAL DISTRICT - NONE
14.C. ENVIRONMENTAL CONTROL BOARD - NONE
JANUARY 17, 2006 23
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
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 11:37 a.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman
Minutes Approved: _________________
BCC/MIS/2006Minutes
JANUARY 17, 2006 24