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INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF NOVEMBER 2, 2004
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE...................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS ............................................................................................................ 1
5.A.PRESENTATION TO THE BOARD OF COUNTY
COMMISSIONERS BY THE VETERANS COUNCIL OF INDIAN
RIVER COUNTY .......................................................................................... 2
5.B.PROCLAMATION DESIGNATING NOVEMBER 11, 2004 AS
VETERANS DAY ......................................................................................... 3
6.APPROVAL OF MINUTES – SPECIAL MEETING OF
SEPTEMBER 23, 2004 ................................................................................. 3
7.CONSENT AGENDA ................................................................................... 3
7.A.R .....................................................................................................................3
EPORTS
November 2, 2004
1
7.B.AW ...........................................................................................4
PPROVAL OF ARRANTS
7.C.AW ...........................................................................................4
PPROVAL OF ARRANTS
7.D.2004ECOCCC
LECTION OF ITIZEN VERSIGHT OMMITTEE HAIRMAN HARLES
SVCPR.......................................................4
EARCY AND ICE HAIRMAN ETER OBINSON
7.E.RN.2004-1282004-129–CT
ESOLUTION OS AND ANCELLING AXES ON
AP–DVPE–
CQUIRED ROPERTY ODGERTOWN ENTURE ROPERTY XCHANGE
DV,LLLP–R--W43AP
RD
ODGERTOWN ENTURE IGHTOFAY VENUE AND ARKING
F28SA
TH
ACILITY SOUTH OF TREET AND DJACENT TO THE WEST AND SOUTH OF
HS ......................................................................................................5
OLMAN TADIUM
7.F.PRCEWP
ARTIAL ELEASE OF ONSERVATION ASEMENT ITHIN THE LATTED
PLLS–PII-CII-D .....................5
ROPERTY OF INDSEY ANES UBDIVISION HASES AND
7.G.WPC,I.-S–MG
ELLER OOL ONSTRUCTORS NC ETTLEMENT UTUAL ENERAL
R(NCRPAC) ..............................7
ELEASE ORTH OUNTY EGIONAL ARK QUATIC ENTER
7.H.OSS–RRED
LD AVANNAH UBDIVISION OSEWOOD OAD AST EVELOPMENT
C–MCC
ORPORATION ODIFICATION TO ONTRACT FOR ONSTRUCTION OF
RICDEA ...........8
EQUIRED MPROVEMENTS AND ASH EPOSIT AND SCROW GREEMENT
7.I.O--CTCAA
UTOFOUNTY RAVEL FOR THE OUNTY DMINISTRATOR TO TTEND THE
FGFOAS
LORIDA OVERNMENT INANCE FFICER SSOCIATION CHOOL OF
GFC(PVBN
OVERNMENTAL INANCE ONFERENCE ONTE EDRA EACH OVEMBER
15-19,2004)FACL
AND LORIDA SSOCIATION OF OUNTIES EGISLATIVE
C(SCD1-3,2004)........................................8
ONFERENCE ARASOTA OUNTY ECEMBER
7.J.P39ACP-RS
TH
ROPOSED VENUE ORRIDOR ROJECT OUTE URVEY BY
M,M&R,I.–WON.1–R
ASTELLER OLER EED NC ORK RDER O ELEASE OF
R(IRCPN.0425) .......................................................................9
ETAINAGE ROJECT O
7.K.B#7014–ABHA(F)–P,
ID NNUAL ID FOR YDROFLUOSILICIC CID LUORIDE ENCO
I.-UD ...................................................................................9
NC TILITIES EPARTMENT
7.L.B#7005–ABSRS–S
ID NNUAL ID FOR LUDGE EMOVAL ERVICES YNAGRO OF
FA&J,I.–UD .................................................... 10
LORIDA NC TILITIES EPARTMENT
7.M.RN.2004-130–PTJP
ESOLUTION O UBLIC RANSPORTATION OINT ARTICIPATION
A(JPA)–FDT(FDOT)
GREEMENT LORIDA EPARTMENT OF RANSPORTATION
CA–CC ............................................................ 11
OUNCIL ON GING OMMUNITY OACH
November 2, 2004
2
7.N.CBS–M&E,I.–WO
OUNTYWIDE EACH URVEYING ORGAN KLUND NC ORK RDER
#4–CN.0390 ........................................................................................ 11
ONTRACT O
7.O.THLC,I..MIDC.
HREE EARNING ENTER NC V ARSH SLAND EVELOPMENT O AND
IRC–SSA ............... 12
NDIAN IVER OUNTY TIPULATION AND ETTLEMENT GREEMENT
9.A.1.PUBLIC HEARING – ORDINANCE NO. 2004-034 – LLONALD
AND VICKIE MIXELL’S REQUEST TO REZONE 36.5 ACRES
FROM A-2 TO RS-3 ................................................................................... 13
9.A.2.PUBLIC HEARING – THE POLO GROUNDS –
MODIFICATION OF THE APPROVED PLANNED
DEVELOPMENT CONCEPTUAL PLAN AND PLANNED
DEVELOPMENT TRADITIONAL NEIGHBORHOOD DESIGN
(PDTND) ZONING DISTRICT FOR THAT PORTION OF
POINTE WEST ........................................................................................... 16
9.B.1.PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM
ROBERT M. NICHOLAS, DMD REGARDING OAK CHASE
UPDATE ....................................................................................................... 18
9.B.2.PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM
SUSAN A. POPE HELMAN, PH.D., REGARDING COUNTRY
CLUB POINTE FLOODING .................................................................... 19
9.C.1.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON NOVEMBER 16, 2004..................................................... 21
A.BH,I.:RR±11.2
RADSHAW OLDINGS NC ET AL EQUEST TO EZONE ACRES FROM
A-1,AD(1/5),RM-6,
GRICULTURAL ISTRICT UP TO UNIT ACRES TO
M-FRD(6/).L
ULTIAMILY ESIDENTIAL ISTRICT UP TO UNITSACRE OCATED WEST
74A600SR-60.B
TH
OF VENUE AND APPROXIMATELY FEET SOUTH OF RADSHAW
November 2, 2004
3
I,I.,A.SREI,I.,
NVESTMENTS NC PPLICANT KYMARK EAL STATE NVESTMENTS NC
A.S,B&S,LLC,A.(Q-J)
PPLICANT CHULKE ITTLE TODDARD GENT UASIUDICIAL
.................................................................................................................................. 21
B.OL,LLC:RR±14.17CL,
RCHID ANDING EQUEST TO EZONE ACRES FROM
LCD,OCR,O,C,
IMITED OMMERCIAL ISTRICT TO FFICE OMMERCIAL
RD.LUS1
ESIDENTIAL ISTRICT OCATED AT THE NORTHEAST INTERSECTION OF
82S.OL,LLC,O.K,MG
ND
AND TREET RCHID ANDING WNER NIGHT CUIRE AND
A,I.,A.(Q-J) ........................................................ 21
SSOCIATES NC GENT UASIUDICIAL
C.IRC:RR±107.13
NDIAN IVER ORPORATION EQUEST TO EZONE ACRES LOCATED
58A49S53S
THTHRD
ON THE WEST SIDE OF VENUE BETWEEN TREET AND TREET
A-1,AD(1/5),RS-3,
FROM GRICULTURAL ISTRICT UP TO UNIT ACRES TO
S-FRD(3/).IR
INGLEAMILY ESIDENTIAL ISTRICT UP TO UNITSACRE NDIAN IVER
C,O.KHA,A.
ORPORATION WNER IMLEY ORN AND SSOCIATES GENT
(Q-J) .................................................................................................... 21
UASIUDICIAL
D.HO.PI.EF.N:RR
ENRY ARMAN NC AND VELYN EVILLE EQUEST TO EZONE
±37.948SI-95A-1,
TH
ACRES LOCATED NORTH OF TREET AND WEST OF FROM
AD(1/5),RM-6,M-F
GRICULTURAL ISTRICT UP TO UNIT ACRES TO ULTIAMILY
RD(6/).HO.PI.
ESIDENTIAL ISTRICT UP TO UNITSACRE ENRY ARMAN NC AND
EF.N,O.WCG/NS,A.
VELYN EVILLE WNERS EEL CHAFFER GENT
(Q-J) .................................................................................................... 21
UASIUDICIAL
E.VH,I.:RR±17.58
ERO OLDINGS NC EQUEST TO EZONE ACRES LOCATED WEST OF
66ASR60A-1AD(
TH
VENUE AND SOUTH OF FROM GRICULTURAL ISTRICT UP TO
1/5),RM-8,M-FRD(8
UNIT ACRES TO ULTIAMILY ESIDENTIAL ISTRICT UP TO
/).VH,I.,O.BB,A.
UNITSACRE ERO OLDINGS NC WNER RUCE ARKETT GENT
(Q-J) .................................................................................................... 22
UASIUDICIAL
10.A.COUNTY ADMINISTRATORS MATTERS – RESOLUTION
NOS. 2004-131 AND 2004-132 REQUESTING 100% FEDERAL
DISASTER RELIEF FOR HURRICANES FRANCES AND
JEANNE AND CONSIDERATION FOR REIMBURSEMENT
FOR DEBRIS REMOVAL ON PRIVATE ROADS .............................. 23
November 2, 2004
4
10.B.STORM RELATED DEBRIS COLLECTION POLICY ...................... 23
11.A.COMMUNITY DEVELOPMENT – RESOLUTION NO. 2004-133
- MODIFICATION OF THE INTERLOCAL AGREEMENT
CREATING THE TREASURE COAST REGIONAL PLANNING
COUNCIL (TCRPC) – MARTIN, PALM BEACH, ST. LUCIE,
AND INDIAN RIVER COUNTIES .......................................................... 25
11.B.EMERGENCY SERVICES –COMMUNICATIONS TOWER
LEASE AGREEMENT WITH M/A-COM (STATE OF FLORIDA)
() ..... 26
TABLED ON OCTOBER 12, 2004 FOR MORE INFORMATION
11.C.1.GENERAL SERVICES – NORTH COUNTY LIBRARY –
AGREEMENT FOR FAX24™ KIOSK WITH TELEVEND
SERVICES, INC. ......................................................................................... 26
11.C.2.GENERAL SERVICES – ARCHITECTURAL AND
ENGINEERING SERVICES CONTRACT FOR JAIL
EXPANSION – CLEMONS, RUTHERFORD & ASSOCIATES,
INC. ............................................................................................................... 27
11.I.1.PUBLIC WORKS – NEW ROADWAY PLANNING STUDY –
CARTER ASSOCIATES, INC. – PROFESSIONAL SERVICES
AGREEMENT – FINAL PAYMENT ...................................................... 28
11.I.2.PUBLIC WORKS – AWARD BID #6085 – WEST WABASSO
PARK PAVILIONS – THE WATAUGA CO.......................................... 28
November 2, 2004
5
11.I.3.PUBLIC WORKS – RFQ #7018 – PROFESSIONAL
ENGINEERING GEOTECHNICAL SERVICES CONTRACT –
CTI – CONSTRUCTION TESTING & INSPECTION, INC.
(VERO BEACH); AM ENGINEERING AND TESTING, INC. (FT.
PIERCE); DUNKELBERGER ENGINEERING & TESTING,
INC. (PORT ST. LUCIE); AND ARDAMAN & ASSOCIATES,
INC. (PORT ST. LUCIE) ........................................................................... 29
TH
11.I.4.PUBLIC WORKS – COST TO IMPROVE 84 AVENUE FROM
TH
CR-510 TO 69 STREET (TWO MILES) ............................................. 30
THTH
11.J.1.UTILITIES SERVICES – 17 AVENUE SOUTH OF 8 STREET
GALVANIZED WATER MAIN AND SERVICES
REPLACEMENT PROJECT – WORK AUTHORIZATION NO.
2001-100 - GEORGE E. FRENCH, INC. ................................................. 30
11.J.2.CENTRAL REGIONAL WASTEWATER TREATMENT
FACILITY (WWTF) ODOR CONTROL – INDIAN RIVER
INDUSTRIAL CONTRACTORS, INC. – REQUEST FOR
REDUCTION RETAINAGE PAYMENT NO. 7 .................................... 31
12.COUNTY ATTORNEY - RESOLUTION NO. 2004-134 –
DELEGATING TO THE COMMUNITY DEVELOPMENT
DIRECTOR OR HIS DESIGNEE THE AUTHORITY TO
ENDORSE INSURANCE CHECKS RELATING TO SHIP
(STATE HOUSING INITIATIVES PARTNERSHIP) PROGRAM
INSURANCE CHECKS ............................................................................. 32
November 2, 2004
6
13.A.1.CHAIRMAN CAROLINE D. GINN – LDR AMENDMENT TO
ELIMINATE PERFORMANCE BONDING FOR SUBDIVISIONS
AND RESIDENTIAL PLANNED DEVELOPMENTS ......................... 32
13.A.2.CHAIRMAN CAROLINE D. GINN – GROWTH TASK FORCE
RECOMMENDATIONS ............................................................................ 34
13.A.3.CHAIRMAN CAROLINE D. GINN – INTERIM GROWTH
CONTROL MEASURES ........................................................................... 38
13.B.VICE CHAIRMAN ARTHUR R. NEUBERGER .................................. 41
13.C.COMMISSIONER FRAN B. ADAMS ..................................................... 41
13.D.COMMISSIONER THOMAS S. LOWTHER ........................................ 41
13.E.COMMISSIONER KENNETH R. MACHT ........................................... 41
DOCUMENTS MADE PART OF THE RECORD...................................................... 41
SKVLLCPVLLCIRC–T
ERO AND ETRUS ERUS VS NDIAN IVER OUNTY RANSCRIPT OF
A-CSPS(J15,2004) ...... 41
TTORNEYLIENT ESSION ROPOSED ETTLEMENT HELD UNE
14.A.EMERGENCY SERVICES DISTRICT .................................................. 42
14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 42
ABAIRCB#6089–FN
PPROVAL OF ID WARD FOR ID ENCING OF THE ORTHERN
PSWDDPU
ERIMETER OF THE OLID ASTE ISPOSAL ISTRICT ROPERTY TILITIES
D/SWDDD .................................... 42
EPARMENTOLID ASTE ISPOSAL ISTRICT IVISION
November 2, 2004
7
14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 42
1.AMRMJ8,2004 ................. 42
PPROVAL OF INUTES OF THE EGULAR EETING OF UNE
2.QRBCC ............................ 42
UARTERLY EPORT FOR OARD OF OUNTY OMMISSIONERS
November 2, 2004
8
November 2, 2004
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, November 2, 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 Ridgely, Deputy Clerk.
1. CALL TO ORDER
Chairman Ginn called the meeting to order.
2. INVOCATION
Planning Division Director Stan Boling delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Adams 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:
November 2, 2004
1
ADDITION 10.B. Storm Related Debris Collection Policy (originally
added as 13.C.)
DELETION 11.B.1. Update Communications Tower Lease Agreement
with M/A-Com (pulled indefinitely)
ADDITIONAL BACKUP 11.A.1. Proposed Modification of the Interlocal
Agreement Creating the Treasure Coast Regional
Planning Council (Resolution)
REPLACEMENT PAGE 13.A.2. Growth Task Force Recommendations (p. 357)
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Lowther, the Board unanimously made
the above changes to the Agenda.
5.A. PRESENTATION TO THE BOARD OF COUNTY
COMMISSIONERS BY THE VETERANS COUNCIL OF
INDIAN RIVER COUNTY
John Michael Matthews
, as president of the Veterans Council of Indian River
County, presented a plaque to the Commission in recognition and appreciation of their continued
support in the interests and goals of all veterans. He invited everyone to attend the Veteran’s Day
th
services November 11, 2004, on Memorial Island beginning at 9:30 a.m. He briefly commented
on the damage to Memorial Island by Hurricanes Frances and Jeanne.
Larry Wapnick
, the Veterans marketing officer, also thanked the Board for their
nd
assistance and invited and presented tickets to the Commissioners for their 2 annual Theater
Guild presentation, The Sensuous Senator, a fundraiser to be held on November 9, 2004. The
November 2, 2004
2
public is invited to attend this presentation and funds raised will be used for the van that transports
our local veterans to the Veterans Hospital in West Palm Beach.
5.B. PROCLAMATION DESIGNATING NOVEMBER 11, 2004 AS
VETERANS DAY
Vice Chairman Neuberger read and presented the Proclamation to John Michael
Matthews who accepted with thanks from the veterans of Indian River County.
6. APPROVAL OF MINUTES – SPECIAL MEETING OF
SEPTEMBER 23, 2004
The Chairman asked if there were any corrections or additions to the Minutes of the
Special Meeting of September 23, 2004. There were none.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Adams, the Board unanimously approved
the Minutes of the Special Meeting of September 23, 2004,
as written and distributed.
7. CONSENT AGENDA
Commissioner Lowther requested Item 7.F. be separated from the Consent Agenda.
Chairman Ginn requested Item 7.G. be separated.
7.A. R
EPORTS
The following report has been received and is on file in the office of the Clerk to the
Board:
November 2, 2004
3
St. John’s River Water Management District FY 2004-05 – Florida Forever
Work Plan Annual Update
7.B. AW
PPROVAL OF ARRANTS
ON MOTION by Commissioner Adams, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved the list of Warrants as issued by the Clerk to the
Board for October 8-14, 2004, as requested.
7.C. AW
PPROVAL OF ARRANTS
ON MOTION by Commissioner Adams, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved the list of Warrants as issued by the Clerk to the
Board for October 15-19, as requested.
7.D. 2004ECOCC
LECTION OF ITIZEN VERSIGHT OMMITTEE HAIRMAN
CSVCPR
HARLES EARCY AND ICE HAIRMAN ETER OBINSON
The Commissioners noted the elections.
November 2, 2004
4
7.E. RN.2004-1282004-129–CT
ESOLUTION OS AND ANCELLING AXES
AP–DVP
ON CQUIRED ROPERTY ODGERTOWN ENTURE ROPERTY
E–DV,LLLP–R--W
XCHANGE ODGERTOWN ENTURE IGHTOFAY
43APF28S
RDTH
VENUE AND ARKING ACILITY SOUTH OF TREET AND
AHS
DJACENT TO THE WEST AND SOUTH OF OLMAN TADIUM
ON MOTION by Commissioner Adams, SECONDED by
Vice Chairman Neuberger, the Board unanimously adopted
Resolution No. 2004-128 canceling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (Dodgertown Venture Property Exchange
rd
right-of-way 43 Avenue)
ON MOTION by Commissioner Adams, SECONDED by
Vice Chairman Neuberger, the Board unanimously adopted
Resolution No. 2004-129 canceling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (Dodgertown Venture Property Exchange parking
th
facility south of 26 Street and adjacent to the west and
south of Holman Stadium)
7.F. PRCEW
ARTIAL ELEASE OF ONSERVATION ASEMENT ITHIN THE
PPLLS–P
LATTED ROPERTY OF INDSEY ANES UBDIVISION HASES
II-CII-D
AND
November 2, 2004
5
In response to Commissioner Lowther, Community Development Director Bob
Keating advised that the developer was fined $7,394.00 (50 cents/square foot) for illegal removal
of vegetation from a 20’ wide native upland conservation easement along the eastern boundary of
Phase II-D (Lots 1, 2, 3, 4, 5, 6, 7, and 8, Block A). The applicant also had to pay a fee in lieu of
setting aside the land for conservation and that came to $31,898. The total amount for clearing that
area illegally was $39,292.
Then Director Keating responded to another question as to whether or not the
County could have required the applicant to replant the vegetation plus the fine. He stated that the
County could have, but staff determined that it was not high quality vegetation and we have been
moving further away from having conservation on individual lots to conservation on separate
tracts.
County Attorney Collins explained that Lindsey Lanes was the first subdivision to
have a conservation easement for native uplands after the Comp Plan was adopted in 1990
establishing a policy of preserving them. The conservation easements were imposed and it was
subsequently found there was a lot of difficulty in placing pools and patios because of the
th
easements. The original developer came and set aside about 3-5 acres off 13 Street SW where
they could substitute an easement in an intact area and get releases from some of the single family
lots. That was not the case here, this was accidental clearing apparently but they did pay the fine
rather than substitute other properties.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Neuberger, the Board unanimously
approved the proposed Partial Release of Conservation
Easement and authorized the Chairman of the Board to
execute same, as recommended in the memorandum of
August 25, 2004.
COPY OF PARTIAL RELEASE IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
November 2, 2004
6
7.G. WPC,I.-S–M
ELLER OOL ONSTRUCTORS NC ETTLEMENT UTUAL
GR(NCRPA
ENERAL ELEASE ORTH OUNTY EGIONAL ARK QUATIC
C)
ENTER
Chairman Ginn stated that she felt Weller was negligent and she could not vote for
this settlement.
Commissioner Macht recalled that a decision to settle was made in an
attorney-client session, and County Attorney Collins explained reasons why staff recommended
this settlement.
In making the motion, Vice Chairman Neuberger indicated his dislike for paying
this but was following County Attorney Collins’ recommendation.
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Adams, the Board by a 4-1 vote
(Chairman Ginn opposed) authorized the Chairman to sign
the proposed Mutual General Release between Indian River
County and Weller Pool Constructors, Inc., which releases
and discharges all claims for the Settlement Agreement for
$75,000, as recommended in the memorandum of October
25, 2004.
MUTUAL GENERAL RELEASE IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
November 2, 2004
7
7.H. OSS–RRE
LD AVANNAH UBDIVISION OSEWOOD OAD AST
DC–MC
EVELOPMENT ORPORATION ODIFICATION TO ONTRACT FOR
CRICD
ONSTRUCTION OF EQUIRED MPROVEMENTS AND ASH EPOSIT
EA
AND SCROW GREEMENT
ON MOTION by Commissioner Adams, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved and authorized the Chairman to execute the
proposed Modification to Contract for Construction of
Required Improvements No. SD-20-020-70081-CFC
(2002070081) extending the completion date to perform to
November 12, 2004, along with the Cash Deposit and
Escrow Agreement, as recommended in the memorandum
of October 18, 2004.
COPIES OF DOCUMENTS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.I. O--CTCA
UTOFOUNTY RAVEL FOR THE OUNTY DMINISTRATOR TO
AFGFO
TTEND THE LORIDA OVERNMENT INANCE FFICER
ASGFC
SSOCIATION CHOOL OF OVERNMENTAL INANCE ONFERENCE
(PVBN15-19,2004)F
ONTE EDRA EACH OVEMBER AND LORIDA
ACLC(S
SSOCIATION OF OUNTIES EGISLATIVE ONFERENCE ARASOTA
CD1-3,2004)
OUNTY ECEMBER
November 2, 2004
8
ON MOTION by Commissioner Adams, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved travel for County Administrator Baird as set out
in the title above, as recommended in the memorandum of
October 26, 2004.
7.J. P39ACP-RS
TH
ROPOSED VENUE ORRIDOR ROJECT OUTE URVEY BY
M,M&R,I.–WON.1–
ASTELLER OLER EED NC ORK RDER O
RR(IRCPN.0425)
ELEASE OF ETAINAGE ROJECT O
ON MOTION by Commissioner Adams, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved release of retainage in the amount of $1,942.00,
as recommended in the memorandum of October 25, 2004.
DOCUMENTS WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
7.K. B#7014–ABHA
ID NNUAL ID FOR YDROFLUOSILICIC CID
(F)–P,I.-UD
LUORIDE ENCO NC TILITIES EPARTMENT
ON MOTION by Commissioner Adams, SECONDED by
Vice Chairman Neuberger, the Board unanimously
awarded Bid #7014 (utilizing the 1000 gallon minimum) to
Penco, Inc. as the lowest and most responsive bidder
meeting the specifications as set forth in the Invitation to
November 2, 2004
9
Bid; established an Open End Contract for the period
October 1, 2004 through September 30, 2005, with Penco,
Inc.; and authorized the Purchasing Manager to renew this
contract for two (2) additional one-year periods subject to
satisfactory performance, zero cost increase, vendor
acceptance and the determination that renewal of this
annual contract is in the best interest of the County, as
recommended in the memorandum of October 25, 2004.
BID DOCUMENTS WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN RECEIVED
7.L. B#7005–ABSRS–
ID NNUAL ID FOR LUDGE EMOVAL ERVICES
SFA&J,I.–UD
YNAGRO OF LORIDA NC TILITIES EPARTMENT
ON MOTION by Commissioner Adams, SECONDED by
Vice Chairman Neuberger, the Board unanimously
awarded Bid #7005 to Synagro of Florida as the lowest and
most responsive bidder meeting the specifications as set
forth in the Invitation to Bid; established an Open End
Contract for the period October 1, 2004 through September
30, 2005, with Synagro of Florida; and authorized the
Purchasing Manager to renew this contract for two (2)
additional one-year periods subject to satisfactory
performance, zero cost increase, vendor acceptance and the
determination that renewal of this annual contract is in the
November 2, 2004
10
best interest of the County, as recommended in the
memorandum of August 31, 2004.
BID DOCUMENTS WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN RECEIVED
7.M. RN.2004-130–PTJ
ESOLUTION O UBLIC RANSPORTATION OINT
PA(JPA)–FD
ARTICIPATION GREEMENT LORIDA EPARTMENT OF
T(FDOT)CA–C
RANSPORTATION OUNCIL ON GING OMMUNITY
C
OACH
ON MOTION by Commissioner Adams, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved the proposed Public Transportation Joint
Participation Agreement and adopted Resolution No.
2004-130 authorizing the execution of a Public
Transportation Joint Participation Agreement with the
Florida Department of Transportation.
COPY OF PARTIALLY EXECUTED AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.N. CBS–M&E,I.–
OUNTYWIDE EACH URVEYING ORGAN KLUND NC
WO#4–CN.0390
ORK RDER ONTRACT O
November 2, 2004
11
ON MOTION by Commissioner Adams, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved Work Order #4 to the contract with Morgan &
Eklund, Inc. for the proposed amount of $24,520.00 to be
funded by the Beach Preservation Fund, as recommended
in the memorandum of May 24, 2004.
WORK ORDER NO. 4 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.O. THLC,I..MI
HREE EARNING ENTER NC V ARSH SLAND
DC.IRC–S
EVELOPMENT O AND NDIAN IVER OUNTY TIPULATION
SA
AND ETTLEMENT GREEMENT
ON MOTION by Commissioner Adams, SECONDED by
Vice Chairman Neuberger, the Board unanimously
authorized the Chairman to execute the release and
associated documents, as recommended in the
memorandum of October 26, 2004. If the judge accepts the
Settlement Agreement, the County will issue the agreed
payment to Three H Learning Center and the lawsuit will be
dismissed.
COPY OF GENERAL RELEASE IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
November 2, 2004
12
9.A.1. PUBLIC HEARING – ORDINANCE NO. 2004-034 – LLONALD
AND VICKIE MIXELL’S REQUEST TO REZONE 36.5 ACRES
FROM A-2 TO RS-3
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating reviewed the matter using a
PowerPoint presentation and incorporated his presentation from the October 12, 2004 meeting
when the Board tabled the matter for further information. He explained that either RS-2 or RS-3
zoning would complicate what the applicant wanted to do and either was consistent with the
Comprehensive Plan. He discussed this with Mr. Mixell a day earlier. The Board consider
adopting RS-2 in order to reduce the number of lots allowed on the parcel.
In response to Vice Chairman Neuberger, Director Keating elaborated on the
differences between RS-3 and RS-2 stressing that either zoning would accommodate Mr. Mixell’s
intention.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
Llonald Mixell,
owner of the property, explained that he had leased the house on
the corner of his property, had told the tenant he was willing to sell the house, and knew he would
have to make some kind of zoning change to do that. He related his efforts to accomplish this sale
and how he attempted to rezone just the one lot because he wanted to retain the agricultural zoning
for the rest of the property. He gave assurances that he had no intention of developing the rest of
the 36.5-acre parcel. His quest had thus far cost him $7,000 and while he understood that either the
RS-2 or RS-3 would give him the ability to break out that lot, he objected now to RS-2 zoning on
November 2, 2004
13
the basis of fairness. He preferred to have RS-3, the original recommendation. He stressed that he
is not a developer and would want RS-6 or more if he were the developer.
Commissioner Adams explained that staff was looking for a compromise to make it
work for the County and Mr. Mixell.
Mr. Mixell
pointed out that he might not be able to continue his agricultural
exemption and there are a lot of other things involved. He thought the Board should be able to
break out one acre from the property.
In response to Commissioner Macht, Director Keating explained why this one
less-than-5-acre-lot could not be separated from the rest of the property.
Rick Capellen
advised that he, his wife and son have lived in the home leased from
Mr. Mixell for about three years. He asked the Commission to grant the change so he can purchase
the home on one acre. He asked the Commissioners to take into consideration that Mr. Mixell is
just trying to uphold his end of the deal they had made.
Commissioner Lowther understood that under the existing use, 7 single-family units
would be allowed and if the property is rezoned to RS-3, 109 units would be allowed and that is a
lot of units.
Joseph Paladin
, a developer, Atlantic Coast Construction and Development,
advised that he had this property under contract, but decided it was not a good idea to develop at
that time because of the many things needed to make it happen. One of the deterrents was the
testing on the Kerr Farm. The deal was not doable unless that property could be combined with the
Mixell property. He described Mr. Mixell as “the most honorable man” he had ever dealt with and
he was sure Mr. Mixell would live up to a break-out of the lot if that could be done. He thought
that because of the proximity to the Kerr Farms and all the other issues involved with possibly
developing that area, it would not happen for 3-5 years down the road. He supported Mr. Mixell’s
request for rezoning and thought it was good for that location.
John Williams,
Smuggler’s Cove, suggested the Board direct staff to find a way to
break out the one acre.
November 2, 2004
14
rd
Robert Adair
, 7060 33 Street, employed by Florida Research Center (Kerr
property) called this a perfect example of the limitation of the County’s Comprehensive Land Use
Plan, particularly at the urban service area (USA) boundary between two conflicting uses of
residential urban and agricultural. The conflicts between agricultural uses and high-density
residential areas have been raised in the past. He thought what the Board needs to do is to have a
sense of transition at the edge of the USA. Using a map, he pointed out the abundance of farming
properties in the area, some of which have high management requirements. He also described the
work being done by the FRC particularly with disease resistant root-stock in order to develop ways
of making agriculture more sustainable in the county. Even 2 or 3 units per acre would be out of
character for this neighborhood and would directly affect the rural character of the neighborhood.
Mr. Mixell
pointed out that most of the properties are now L-1 (3 units/acre) and
unfortunately across the road (a division between AG-1 and L-1) is the Trillium subdivision,
where there are already an awful lot of homes built and apartment buildings will be built soon. He
made suggestions for the Board to consider particularly changing his property to RS-3 and leaving
it that way.
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 Macht,
SECONDED by Vice Chairman Neuberger, to adopt the
Ordinance and rezone the property to RS-3.
Under discussion, Director Keating addressed the questions regarding Comp Plan
alternatives and affidavits of exemption and how they might change the use of this property.
Both Commissioner Lowther and Chairman Ginn expressed their reasons for their
reluctance to approve the rezoning of this property.
November 2, 2004
15
The Chairman CALLED THE QUESTION and the motion
carried 3-2 (Chairman Ginn and Commissioner Lowther
opposed). (Ordinance No. 2004-034 adopted amending the
Zoning Ordinance and the accompanying zoning map for
th
±36.5 acres located at the southeast corner of 24 Avenue
rd
and 33 Street, from A-1, Agricultural District (up to 1
unit/5 acres) to RS-3, Single-Family Residential District
(up to 3 units/acre) and providing codification, severability,
and effective date.)
9.A.2. PUBLIC HEARING – THE POLO GROUNDS –
MODIFICATION OF THE APPROVED PLANNED
DEVELOPMENT CONCEPTUAL PLAN AND PLANNED
DEVELOPMENT TRADITIONAL NEIGHBORHOOD DESIGN
(PDTND) ZONING DISTRICT FOR THAT PORTION OF
POINTE WEST
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Division Director Stan Boling displayed page 136 from the backup to
explain the request. He also reviewed staff’s and the Planning and Zoning Commission’s
recommendations for approval and advised that the reasons for conditions relative to gate closings
were made to allay concerns and avoid setting a precedent. The gates would be closed only at
night and during equestrian events. Those gates are unique due to location and will not set a
precedent for other parts of Pointe West.
Chairman Ginn saw no reason for gate restrictions because of the problems with the
gate requirement at the Sebastian church’s parking lot gate.
November 2, 2004
16
The Chairman opened the public hearing and asked if anyone wished to be heard
with regard to this matter.
Dolph Kahle,
president of The Polo Grounds, 7683 S. Polo Grounds Lane, specified
the gate is needed for public safety in case a horse loses its rider. Pedestrian and bicycle traffic will
pass through an unlocked gate which would appear impassible to a horse. He asked for their
unanimous approval.
th
Steve Melchiori,
6408 55 Square, appeared on behalf of Pointe West, Ltd. and
asked for their consideration for any other village in Pointe West that might request such a gate
system in the future.
The Chairman asked if anyone else wished to be heard regarding this matter. There
being none, the Chairman closed the public hearing.
There was a brief discussion about horses getting loose and means of containment.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Adams, the Board unanimously 1) found
that The Polo Grounds at Pointe West is uniquely situated
and that the conditional vehicular gate allowance for The
Polo Grounds at Pointe West does not set a precedent for
allowing gates at other portions of Pointe West; 2)
approved the conceptual PD plan and PDTND district
modifications with the following conditions: A) the gates
may be closed only after dark. During the day, the gates
may be closed only when the polo fields are in use. B) prior
to site plan release, the applicant shall 1) provide written
November 2, 2004
17
approval from the master property owners association for
the gates; and 2) document that the master property owners
association limits use of gates as reflected in condition 2A
above, as recommended in the memorandum of October 27,
2004.
9.B.1. PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM
ROBERT M. NICHOLAS, DMD REGARDING OAK CHASE
UPDATE
th
Dr. Robert Nicholas
, 6560 35 Lane, Oak Chase, referred to various letters he
called exhibits having to do with work not completed by the developer of Oak Chase. (Copies of
the exhibits he reviewed have been filed with the backup in the office of the Clerk to the Board.)
He had previously appeared before the Board and thanked Commissioner Macht for trying to assist
but the uncompleted work list remains the same. He inquired if there is some mechanism by which
the County could require the developer to complete these items and asked how long they must be
patient for they have been subject to David Chase’s rhetoric and delay tactics for four years. He
stated he had put the ball in the Board’s court because the homeowners need their “clout”
particularly because the same developer continues to develop property in Indian River County.
Commissioner Lowther suggested the homeowners contact an attorney. The Board
could provide the clout in Mr. Chase’s future developments but that will not help the people in Oak
Chase.
Commissioner Macht indicated his frustration and remarked that The Meadows is
having the same problem. The man appears to be one of no integrity. He wondered if the Board
could be allowed to turn down his future projects.
November 2, 2004
18
County Attorney Collins agreed this is a civil matter, when certificate of completion
was issued that ended the County’s part. The homeowners’ association has the power to enforce
the agreement.
When asked, Director Keating stated he would check and inform the Commissioners
of other projects of Mr. Chase.
Dr. Nicholas offered the Fountains at Amber Lakes as one project.
When asked by Commissioner Lowther how these incomplete items get past the
County before a certificate is issued, Director Keating advised that the County does not regulate
many of the items on the list. The certificate of completion is a determination that the
infrastructure meets our requirements at that time; if something happens after that, then it is the
homeowners’ association’s responsibility.
When Chairman Ginn inquired about a performance bond, Public Works Director
James Davis advised that there were performance bonds on this 3-phase project. He explained
how the process works on infrastructure, that when the Engineer of Record certifies the
infrastructure, the County sends an inspector, and then issues a certificate and releases the bond.
When the homes are being built much of the activity occurs after we issue the certificate.
A lengthy discussion ensued as to who should be held responsible, who said what
and when, what Mr. Chase said he would but did not do, and a warning to beware when dealing
with out-of-town developers.
NO ACTION REQUIRED OR TAKEN.
9.B.2. PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM
SUSAN A. POPE HELMAN, Ph.D., REGARDING COUNTRY
CLUB POINTE FLOODING
November 2, 2004
19
Susan A. Pope Helman
, 3010 Par Drive in Country Club Pointe, advised that they
had 18” of salt water and raw sewage after Hurricane Frances and almost 2’ after Hurricane
Jeanne. When she contacted the water control district she was told nothing could be done. She
advised that this problem had not occurred after previous storms and believed that changes by the
water control district, the golf course, and an engineering company doing the Indian River
Boulevard project caused these areas to drain into her neighborhood rather than into the drainage
system. She asked that these concerns be addressed.
Ms. Helman
responded to questions of Commissioners; County Administrator
Baird asked Director Davis to address this matter.
Public Works Director James Davis advised that Country Club Pointe is an historic
flooding area. Former Supervisor of Elections Ann Robinson’s home in that area was flooded
repeatedly. He explained Phase Three of Indian River Boulevard when a large culvert was
constructed and property was purchased in that area to provide floodplain water storage. The
roads in the County Club Village area are at about elevation 3 or 4 and the Indian River staged up
to about 7 in some areas due to the recent hurricanes. This was a storm surge issue where the river
staged up. It was not fresh water coming from the Indian River Farms Water Control District but
simply the river rising and coming up the finger canals and backing up into the homes. This also
happened in the 1970s and 1980s. It is a very difficult situation to solve mainly because of the low
finish floor elevations. The proper thing to do is to raise the homes up to about 7.5 or 8 feet. We
rebuilt the local drainage system last year and replaced pipes under the road and tried to do what
we could to provide a secondary drainage system. Some of the residents were upset when we put
that system in. The same river staging caused similar problems in Rockridge and other low-lying
areas on the barrier island.
Commissioner Adams suggested Country Club Pointe’s Homeowners Association
could hire an engineer to determine solutions for all the homes in that area.
NO ACTION REQUIRED OR TAKEN.
November 2, 2004
20
9.C.1. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON NOVEMBER 16, 2004
A.BH,I.:RR±11.2
RADSHAW OLDINGS NC ET AL EQUEST TO EZONE ACRES
A-1,AD(1/5),
FROM GRICULTURAL ISTRICT UP TO UNIT ACRES TO
RM-6,M-FRD(6/).
ULTIAMILY ESIDENTIAL ISTRICT UP TO UNITSACRE
L74A600
TH
OCATED WEST OF VENUE AND APPROXIMATELY FEET
SR-60.BI,I.,A.
SOUTH OF RADSHAW NVESTMENTS NC PPLICANT
SREI,I.,A.S,
KYMARK EAL STATE NVESTMENTS NC PPLICANT CHULKE
B&S,LLC,A.(Q-J)
ITTLE TODDARD GENT UASIUDICIAL
B.OL,LLC:RR±14.17
RCHID ANDING EQUEST TO EZONE ACRES FROM
CL,LCD,OCR,O,
IMITED OMMERCIAL ISTRICT TO FFICE
C,RD.L
OMMERCIAL ESIDENTIAL ISTRICT OCATED AT THE NORTHEAST
US182S.OL,LLC,
ND
INTERSECTION OF AND TREET RCHID ANDING
O.K,MGA,I.,A.
WNER NIGHT CUIRE AND SSOCIATES NC GENT
(Q-J)
UASIUDICIAL
C.IRC:RR±107.13
NDIAN IVER ORPORATION EQUEST TO EZONE ACRES
58A49S
THTH
LOCATED ON THE WEST SIDE OF VENUE BETWEEN TREET
53SA-1,AD(1
RD
AND TREET FROM GRICULTURAL ISTRICT UP TO
/5),RS-3,S-FRD(
UNIT ACRES TO INGLEAMILY ESIDENTIAL ISTRICT UP
3/).IRC,O.K
TO UNITSACRE NDIAN IVER ORPORATION WNER IMLEY
HA,A.(Q-J)
ORN AND SSOCIATES GENT UASIUDICIAL
D.HO.PI.EF.N:R
ENRY ARMAN NC AND VELYN EVILLE EQUEST TO
R±37.948S
TH
EZONE ACRES LOCATED NORTH OF TREET AND WEST OF
November 2, 2004
21
I-95A-1,AD(1/5),
FROM GRICULTURAL ISTRICT UP TO UNIT ACRES TO
RM-6,M-FRD(6/).
ULTIAMILY ESIDENTIAL ISTRICT UP TO UNITSACRE
HO.PI.EF.N,O.
ENRY ARMAN NC AND VELYN EVILLE WNERS
WCG/NS,A.(Q-J)
EEL CHAFFER GENT UASIUDICIAL
E.VH,I.:RR±17.58
ERO OLDINGS NC EQUEST TO EZONE ACRES LOCATED
66ASR60A-1
TH
WEST OF VENUE AND SOUTH OF FROM
AD(1/5),RM-8,
GRICULTURAL ISTRICT UP TO UNIT ACRES TO
M-FRD(8/).V
ULTIAMILY ESIDENTIAL ISTRICT UP TO UNITSACRE ERO
H,I.,O.BB,A.
OLDINGS NC WNER RUCE ARKETT GENT
(Q-J)
UASIUDICIAL
The Chairman read the above notices into the record.
(CLERK’S NOTE: Chairman Ginn called for a short recess at 10:27 a.m.
The meeting was reconvened at 10:38 a.m. with all members present.)
November 2, 2004
22
10.A. COUNTY ADMINISTRATORS MATTERS – RESOLUTION
NOS. 2004-131 AND 2004-132 REQUESTING 100% FEDERAL
DISASTER RELIEF FOR HURRICANES FRANCES AND
JEANNE AND CONSIDERATION FOR REIMBURSEMENT
FOR DEBRIS REMOVAL ON PRIVATE ROADS
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously adopted
Resolution No. 2004-131 requesting 100% Federal Disaster
Relief for Hurricanes Frances and Jeanne.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously adopted
Resolution No. 2004-132 requesting Federal Disaster
reimbursement for debris removal from private roadways
for Hurricanes Frances and Jeanne.
10.B. STORM RELATED DEBRIS COLLECTION POLICY
(Originally designated Item 13.C., but moved to 10.B.)
Commissioner Adams requested this matter be added to the agenda to clarify our policy
because of the discussion and confusion about what the County is doing. She believed we should
be picking up debris in the private communities for public health reasons.
County Administrator Baird advised of several problems encountered in the aftermath of
the two recent hurricanes regarding debris pickup. Requests are being received from private
subdivisions wanting a pickup and requests from other private subdivisions wanting an additional
pickup. We are also seeing C & D (construction and demolition) debris and discarded furniture
November 2, 2004
23
being placed in public rights-of-way. The workers employed by homeowners to remove roofing,
drywall, insulation and so forth should have hauled all this to the dump as they are being paid to
do. Nails from fencing and roofing debris along the public rights-of-way are causing flat tires.
Illegal dumping should be reported and needs to be stopped. Code enforcement will be issuing
citations.
County Administrator Baird continued that the County has removed debris from private
subdivisions using our employees and equipment providing we get signed hold harmless
agreements. Our policy has been that we would make one pickup of yard debris in private
subdivisions. Pickups from private subdivisions will cost the County millions of dollars because
FEMA will pay only for yard debris collections on public road rights-of-way. FEMA will pay for
3 pickup-passes for C & D debris on public rights-of-way. Mobile home parks are considered
private communities and the County will not haul away a demolished mobile home. We also have
to clean the back ditches where utility contractors cut away branches (but did not remove them) in
order to restore utilities. He credited staff for doing a tremendous job.
Discussion was held concerning how to deal with the problems of keeping yard debris and
C & D separated because of different handling and dumping, citizens taking advantage of the
County, the loss of space in the Landfill, dumping debris right behind a pickup, and how to pay for
services.
(CLERK’S NOTE: A policy statement is on file with the backup for this item in the office
of the Clerk to the Board.)
MOTION WAS MADE by Commissioner Adams,
SECONDED for discussion by Commissioner Lowther, to
make one more full pass for yard debris and C & D in
private subdivisions.
Under discussion, Commissioner Lowther recommended using common sense.
November 2, 2004
24
County Administrator Baird pointed out that there will be costs to clean up the county but
we will do it and it may take several months. We will do the second pass for yard debris and one C
& D pickup in the private subdivisions which have signed hold harmless agreements.
Commissioner Adams specified that everything to be picked up should be put out by
th
October 30 (yard debris/brush and C & D).
The Chairman CALLED THE QUESTION and the motion
carried 5-0.
John Williams
suggested that the public needs clarification on the terms “brush”
and “C & D”.
11.A. COMMUNITY DEVELOPMENT – RESOLUTION NO. 2004-133
- MODIFICATION OF THE INTERLOCAL AGREEMENT
CREATING THE TREASURE COAST REGIONAL PLANNING
COUNCIL (TCRPC) – MARTIN, PALM BEACH, ST. LUCIE,
AND INDIAN RIVER COUNTIES
MOTION WAS MADE by Commissioner Lowther,
SECONDED by Chairman Ginn, to approve staff’s
recommendation.
Commissioner Macht was opposed to this modification (to allow the TCRPC to own
real property and to incur debt) advising that it (to provide authority to the TCRPC to own real
property and to incur debt to obtain new office space) is hardly ever done in state and federal
organizations unless the body is constitutional and has legislative authority.
November 2, 2004
25
In response to an inquiry, County Attorney Collins advised that there would be no
liability to Indian River County.
Chairman Ginn favored this because by eliminating an escalating rental expense the
County’s annual contribution would likely not escalate.
The Chairman CALLED THE QUESTION and the motion
carried by a 4-1 vote (Commissioner Macht opposed). The
Board adopted Resolution No. 2004-133 approving the
Amended and Restated Interlocal Agreement Creating the
Treasure Coast Regional Planning Council.)
AMENDMENT WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
11.B. EMERGENCY SERVICES –COMMUNICATIONS TOWER
LEASE AGREEMENT WITH M/A-COM (STATE OF
FLORIDA) ()
TO12,2004
ABLED ON CTOBER FOR MORE INFORMATION
Deferred indefinitely.
11.C.1. GENERAL SERVICES – NORTH COUNTY LIBRARY –
AGREEMENT FOR FAX24™ KIOSK WITH TELEVEND
SERVICES, INC.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
November 2, 2004
26
the proposed agreement with Televend Services, Inc. and
authorized the County Administrator or his designee to
execute the Agreement once all other required signatures
have been acquired, as recommended in the memorandum
of October 26, 2004.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.C.2. GENERAL SERVICES – ARCHITECTURAL AND
ENGINEERING SERVICES CONTRACT FOR JAIL
EXPANSION – CLEMONS, RUTHERFORD & ASSOCIATES,
INC.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Adams, the Board unanimously approved
the proposed contract with Clemons, Rutherford &
Associates, Inc. in the amount of $524,378.44 and
authorized the Chairman to execute the agreement once all
other required signatures have been acquired, as
recommended in the memorandum of October 26, 2004.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
November 2, 2004
27
11.I.1. PUBLIC WORKS – NEW ROADWAY PLANNING STUDY –
CARTER ASSOCIATES, INC. – PROFESSIONAL SERVICES
AGREEMENT – FINAL PAYMENT
ON MOTION by Commissioner Adams, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved final payment in the amount of $3,586.35 and
authorized the Chairman to execute the invoice, as
recommended in the memorandum of October 17, 2004.
DOCUMENT WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
11.I.2. PUBLIC WORKS – AWARD BID #6085 – WEST WABASSO
PARK PAVILIONS – THE WATAUGA CO.
County Administrator Baird advised that staff was changing the recommendation to
include picnic table and benches in one of the pavilions because of requests at a meeting last night
at West Wabasso.
County Attorney Collins thought the recommendation should not be changed at the
table but that the Board could approve the written recommendation and come back later with a
change order.
County Administrator Baird responded that the picnic table and benches constructed
of concrete were bid as an alternative (see page 317 of the backup). The $10,500 was for tables
and benches in both pavilions so it would be half the amount ($5,250). He asked the Board for a
motion to include the picnic table and benches in one of the pavilions.
November 2, 2004
28
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously awarded
Bid #6085 to The Watauga Company (in the amount of
$75,000 plus $5,250 for picnic table and benches in one
pavilion, plus the performance and payment bond costs of
$1,500 for a total contract amount of $81,750) as the lowest
responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid, as
recommended in the memorandum of October 21, 2004.
(Funding shall be from the 1-cent Optional Sales Tax
Fund.)
DOCUMENTS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.3. PUBLIC WORKS – RFQ #7018 – PROFESSIONAL
ENGINEERING GEOTECHNICAL SERVICES CONTRACT –
CTI – CONSTRUCTION TESTING & INSPECTION, INC.
(VERO BEACH); AM ENGINEERING AND TESTING, INC.
(FT. PIERCE); DUNKELBERGER ENGINEERING &
TESTING, INC. (PORT ST. LUCIE); AND ARDAMAN &
ASSOCIATES, INC. (PORT ST. LUCIE)
ON MOTION by Commissioner Adams, SECONDED by
Vice Chairman Neuberger, the Board unanimously
November 2, 2004
29
approved the selection of the four (4) firms listed above and
authorized staff to continue contract negotiations on behalf
of the County with the selected firms for the geotechnical
Engineering Services continuing services contract, as
recommended in the memorandum of October 18, 2004.
TH
11.I.4. PUBLIC WORKS – COST TO IMPROVE 84 AVENUE FROM
TH
CR-510 TO 69 STREET (TWO MILES)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
Mr. Brian Davis’ request and accepted maintenance along
the two-mile road as specified in staff’s recommendation in
the memorandum of October 27, 2004.
THTH
11.J.1. UTILITIES SERVICES – 17 AVENUE SOUTH OF 8
STREET GALVANIZED WATER MAIN AND SERVICES
REPLACEMENT PROJECT – WORK AUTHORIZATION NO.
2001-100 - GEORGE E. FRENCH, INC.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
a) the expenditure of funds for this project in the total
amount of $22,903.01 and b) authorized the Chairman to
execute Work Authorization No. 2001-100 in the amount of
$17,109.90 to George E. French, Inc. for the labor portion
November 2, 2004
30
of the project, as recommended in the memorandum of
October 25, 2004.
WORK AUTHORIZATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.2. CENTRAL REGIONAL WASTEWATER TREATMENT
FACILITY (WWTF) ODOR CONTROL – INDIAN RIVER
INDUSTRIAL CONTRACTORS, INC. – REQUEST FOR
REDUCTION RETAINAGE PAYMENT NO. 7
ON MOTION by Commissioner Adams, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved a) releasing Payment #7 to Indian River Industrial
Contractors, Inc., in the amount of $227,951.80, (includes
reduction in retainage); b) retaining $10,200 for the
remainder of the work until such time that final completion
has been achieved and the County has approved all required
documents; and c) reducing the contract by $21,893.00
which will be reflected in a change order in the final pay
request, as recommended in the memorandum of October
19, 2004.
AGREEMENT WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
November 2, 2004
31
12. COUNTY ATTORNEY - RESOLUTION NO. 2004-134 –
DELEGATING TO THE COMMUNITY DEVELOPMENT
DIRECTOR OR HIS DESIGNEE THE AUTHORITY TO
ENDORSE INSURANCE CHECKS RELATING TO SHIP
(STATE HOUSING INITIATIVES PARTNERSHIP) PROGRAM
INSURANCE CHECKS
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously adopted
Resolution No. 2004-134 delegating to the Community
Development Director or his designee the authority to
endorse insurance checks relating to SHIP homes.
13.A.1. CHAIRMAN CAROLINE D. GINN – LDR AMENDMENT TO
ELIMINATE PERFORMANCE BONDING FOR
SUBDIVISIONS AND RESIDENTIAL PLANNED
DEVELOPMENTS
Chairman Ginn stated that residential performance bonding has caused a significant
increase in the workload for staff. Performance bonding has been unsatisfactory in guaranteeing
that improvements keep pace with development. Pressures on the system occur when homes are
ready for the certificate of occupancy but the necessary improvements lag behind. This has
become a burden for staff and a logistical nightmare to program and track. She recommended an
LDR amendment to eliminate residential performance bonding except for sidewalks and a final
layer of asphalt on roads. All other improvements would have to be completed before final plat
November 2, 2004
32
approval for each phase of development. She asked the Board to direct staff to bring back such an
LDR amendment.
Community Development Director Bob Keating confirmed that staff is experiencing
a lot of issues with this bonding. The County Attorney’s office also is having a difficult time
because letters of credit are expiring and contracts for construction are expiring. Some changes are
definitely necessary and going through the LDR amendment process will give everyone an
opportunity to be heard.
County Administrator Baird explained that the developers can now plat and sell
their lots before they put anything in the ground, when we change this they cannot sell lots until all
the improvements are finished.
MOTION WAS MADE by Commissioner Lowther,
SECONDED BY Commissioner Adams, to bring an LDR
amendment forward.
Under discussion and in response to Vice Chairman Neuberger, County Attorney
Collins advised that a developer would be able to take reservations contingent upon the final plat
being approved. Now, after the final plat is approved, they have a year to construct improvements
and during that year, they are selling houses. If it comes to the end of the year and the work is not
done there are a lot of residents wanting to move in causing a lot of pressure to issue the C.O. when
infrastructure may not be completed.
The Chairman CALLED THE QUESTION and the motion
carried unanimously. (The Board approved bringing
forward an LDR amendment to eliminate performance
bonding for subdivisions and residential planned
developments.)
November 2, 2004
33
13.A.2. CHAIRMAN CAROLINE D. GINN – GROWTH TASK FORCE
RECOMMENDATIONS
Chairman Ginn recounted that it was decided to divide the growth issues so that the
Growth Task Force would look at the LDRs and the visioning process would take care of some
Comprehensive Plan changes. She requested that the Commission consider each of the GTF’s
recommendations as listed in the backup (begin at page 355). She recognized the GTF members
present and advised that they have all been invited to participate in the Charette on Saturday (9
a.m.-1 p.m.) at the Richardson Center. The Elected Officials Oversight Committee meets Friday
afternoon at the same location.
Chairman Ginn called attention to Attachment A (page 356) and reviewed the items
listed under Roads/Traffic, explained each one, and advised of the GTF votes. She also referred
them to and commented on page 358. Some of the recommendations have already been addressed
and some were already in the Code, but staff needs direction on those remaining.
A discussion was held on each recommendation.
Under Roads/Traffic, it was decided that the Board would affirm those
recommendations. (#2, 4, and 5, and leave in #9 and 12 as those two may need tweaking.)
Next, Chairman Ginn called their attention to General (#3) on page 356 and it was
determined that this sitting Commission did not want to see the urban service area expanded. #13
will require some standards because of the almost tied vote by the GTF members. She reviewed
#18 and added #19 advising that the goal is to upgrade US #1 in phases. She felt that all corridors
need a plan. As to #29, she recommended this task be given to visioning.
With regard to #29, Commissioner Adams thought developers know what the
Commission wants after their first talk with staff. Planning Division Director Stan Boling
suggested some graphics would be helpful on this item.
November 2, 2004
34
Chairman Ginn then reviewed #80 having to do with height limitations. They
agreed with Commissioner Macht to limit height restrictions to structures designed for human
habitation (exempting radio repeater towers and the like).
After a brief discussion, the Board affirmed all under General and affirmed #80 with
respect to structures designed for human habitation having a height limitation.
Chairman Ginn then continued on page 357 Landscaping/Buffering, and reviewed
#15, 26, and 49.
Commissioners affirmed the Landscaping/Buffering recommendations.
Next, Chairman Ginn reviewed the items under Density, recommendations #24,
#25, #30, and #33. She mentioned her addition of “affordable housing” to #33 although she did
not know how it could be done. Under #30, Commissioner Adams did not want to see townhouses
eliminated.
Chairman Ginn thought that the recommendations under Density should go through
the visioning process because they were more “big picture”.
Commissioner Macht believed we need to be careful about the densities that we do
not make it impossible for people to purchase a good starter home.
Donna Keys
, a member of the GTF, thought that what the GTF wanted to do is
eliminate the small lot subdivision process. That process does not allow Planning & Zoning to
make any changes. But, if it comes through as PD (planned development), P & Z can make
changes.
Director Boling explained how the process had come about and some of the options
that could be considered.
Discussion ensued.
The Board affirmed their desire to have small lot subdivisions go through the PD
process.
th
Tim Zorc
, 4415 5 Place SW, explained that the small lot subdivision process was
State Housing Initiatives Partnership
created when the SHIP () program guidelines were written
and we were thinking of ways to reduce and streamline affordable housing to make it a little bit
November 2, 2004
35
easier for product to get through. This has evolved into some very high priced product using some
of the advantages originally granted for affordable housing.
Director Boling explained that this has been discussed and there are a lot of options
on this issue. (see also page 359 and 360)
Discussion ensued.
Andrew Boler
, Executive Director with Indian River Habitat for Humanity,
explained the reasons why they like small lot subdivisions because it is so clearly defined and
speeds up the process for their organization. He strongly advocated keeping the 50’ x 100’ on the
small lot subdivisions for affordable housing.
Discussion continued during which Director Boling explained some options and
advised that staff can come back to the Board with alternatives.
The Board affirmed Chairman Ginn’s thought that #25 should go to visioning..
As to #33, Director Boling explained that we are now seeing some of the density
credits which were given back in the 1980s along Indian River Boulevard.
County Attorney Collins pointed out there may be situations where the densities are
already low outside the USA and where it does no harm to give a density credit and save the
money.
The Density recommendations were affirmed including what County Attorney
Collins just pointed out.
Concerning Drainage, #40, Chairman Ginn liked stormwater ponds because
sometimes swales do not work, particularly in a rain-flooding situation.
Director Boling understood the intent was for future subdivisions to have a
centralized stormwater system. Staff could look at it and the Commissioners affirmed the
recommendation.
On the next and last category, Concurrency, on page 357, Director Keating thought
this was more complex and problematic because public safety services involve personnel.
November 2, 2004
36
For #58 and #59, Chairman Ginn inquired how it is determined to add an additional
emergency station and Director Keating responded that staff uses the Insurance Institute standards
and criteria. It was also pointed out that we do have a plan for expansion.
With regard to #60, Chairman Ginn thought that we do need something keeping the
Board informed of the total number of units that are already in the system and the cumulative
impact.
The other Commissioners agreed and Vice Chairman Neuberger wanted to know
what that would tell the Board particularly with land that has been purchased with bond money.
Director Keating specified that some of the numbers will be misleading because
initially they look to the maximum number of units possible on a property under the new zoning,
but the build-out is not always that many. “Pipeline” statistics can be problematic. Staff will work
on it.
On the density issues, Chairman Ginn wished to go on record (#25) that she would
personally like to see 2, 4, 6, and 8 units per acre (a Comp Plan issue to be discussed under
visioning).
Chairman Ginn then opened the floor to comments from the GTF members.
Mr. Tom Trolley,
4903 Sunset Drive, advised that his personal challenge was for
Indian River County to avoid the growth problems experienced in south Florida. He noted that our
USA is closer to the coast giving less land to develop and we have also learned from south
Florida’s experience. National developers have arrived at every retirement area in the United
States and have purchased land in anticipation of the “baby-boomers” reaching retirement age. It
is difficult to understand the pipeline and it is not logical that we have eight years of build-out in
the pipeline. We need to join with the municipalities to determine a countywide pipeline
projection. Finally, he thought that we have wonderful tools here in Indian River County and
good, qualified personnel but he believed the voting population does not understand what we have
and what our problems could be. He suggested putting together a professional education program
to let the average voter know about the growth problems we are facing and what we can do about
them.
November 2, 2004
37
Donna Keys
pointed out that we already have some protection in the LDRs for
keeping affordable housing affordable.
Director Boling explained further on the affordable housing point that Ms. Keys
brought up that the federal government is tracking these units as well as the County.
(CLERK’S NOTE: Commissioner Adams left the meeting 11:59 a.m. during the
previous discussion to serve on the Canvassing Board for the General Election.)
13.A.3. CHAIRMAN CAROLINE D. GINN – INTERIM GROWTH
CONTROL MEASURES
Chairman Ginn advised that she put this back on the agenda because new
development and applications for rezoning remain very vigorous. She referred to page 373
advising that these were the “pipeline” numbers.
Planning Division Director Stan Boling advised that some work was done at the end
of June and the total was 15,524 units. Since June 22, staff has had 33 residential project
pre-application conferences that are not reflected in those numbers.
Chairman Ginn wondered if the Board should do something to slow things down a
bit. She learned from tradesmen in the hallway by the Building Department that they were pleased
with that department and that it was doing a fine job. She related the long waiting period (because
of hurricane damages) that homeowners are having to get their homes repaired by tradesmen.
Getting back to development, she reminded the Commissioners that the Board had taken no action
on the proposed interim growth control measures listed on pages 369 and 370 but had referred
them to the Growth Task Force. The GTF, however, did not consider them. She reviewed and
advocated the items on the list except for numbers 5 and 6 (page 369). She wanted to see
development slow down. She also reviewed the Exemptions 1-6 (page 370). She thought these
should be enacted to be effective through the end of February and review the situation at that time
November 2, 2004
38
and staff could recommend an extension or removal at that time. She inquired if they wished to
enact anything and suggested it be moved one more step forward.
Commissioner Lowther commended Chairman Ginn for putting this together, and,
although he had no problem with what she was suggesting, he thought it made more sense to wait
for the three new Commissioners be seated.
Vice Chairman Neuberger thought it would send a message to the public and the
incoming Commissioners that this is what we would like to see. He thought there was only a small
chance they would disagree.
Commissioner Macht inquired if a 90-120 day moratorium would relieve subs and
contractors from new growth to reparation.
Community Development Director Bob Keating responded that there are 4-5 years
of new building activity already in the mill right now.
After a brief discussion, Commissioner Macht agreed with Commissioner Lowther
to let new Commissioners follow through on their campaign promises.
Commissioner Lowther thought we need to make development tougher and hoped
that the new Board will want to make it tougher.
Andrew Boler,
Indian River Habitat for Humanity, pointed out that his organization
builds 4 units per acre and would be substantially affected by a change to 3 units per acre. They
have only two years worth of production and are currently the only builders of affordable housing.
They are looking to get more houses into the pipeline and would be locked out if the small
subdivisions were lowered to 3 units per acre. They have earmarked property in Fellsmere and
Gifford. He asked that they raise the cut off to 4 units.
Vice Chairman Neuberger was certain they could exempt truly low-cost homes
selling for less than $100,000.
th
Tim Zorc
, 4415 5 Place SW, pointed out that the Growth Task Force was not a
pro-growth group. He felt everyone’s opinion on density changed considerably after Mike
Busha’s presentation when they saw the function of density and more how it was planned. He
thought the consensus of the group should be followed to see where it goes and give it some time to
November 2, 2004
39
see how it flushes out. He also believed the pipeline is misinterpreted because developers will not
build until the buyers are there.
Joseph Paladin
, a developer, discussed the advantages (control) of PDs (planned
developments) and recounted that he had warned of a negative of not using PDs, that is people
would used the small lot subdivision. He felt that small lot subdivisions have a place for affordable
housing but was concerned that it might be used to circumvent the PD process. He has been
outspoken against moratoriums but in retrospect he thought he was not as right as he thought he
was back then nor did he think Mrs. Ginn was as wrong as he thought she was back then. He
cautioned the Commissioners to be really careful about moratoriums or slow downs so as not to
bring about a rush on rezonings by out-of-town investors wanting to maximize their property
investments.
MOTION WAS MADE by Vice Chairman Neuberger,
SECONDED by Chairman Ginn, to direct staff move
forward the interim control measures.
County Attorney Collins advised this would have to come back in the form of an
ordinance.
Commissioners Macht and Commissioner Lowther reiterated their opposition to the
motion so the three new Commissioners will have their own input and be the ones to construct this.
Discussion ensued.
The Chairman CALLED THE QUESTION and the motion
failed 2-2 (Commissioners Macht and Lowther opposed,
and Commissioner Adams absent.)
November 2, 2004
40
13.B. VICE CHAIRMAN ARTHUR R. NEUBERGER
None.
13.C. COMMISSIONER FRAN B. ADAMS
None.
13.D. COMMISSIONER THOMAS S. LOWTHER
None.
13.E. COMMISSIONER KENNETH R. MACHT
None.
DOCUMENTS MADE PART OF THE RECORD
SKVLLCPVLLCIRC–
ERO AND ETRUS ERUS VS NDIAN IVER OUNTY
TA-CSP
RANSCRIPT OF TTORNEYLIENT ESSION ROPOSED
S(J15,2004)
ETTLEMENT HELD UNE
November 2, 2004
41
14.A. EMERGENCY SERVICES DISTRICT
None.
14.B. SOLID WASTE DISPOSAL DISTRICT
ABAIRCB#6089–F
PPROVAL OF ID WARD FOR ID ENCING OF THE
NPSWDD
ORTHERN ERIMETER OF THE OLID ASTE ISPOSAL ISTRICT
PUD/SWD
ROPERTY TILITIES EPARMENTOLID ASTE ISPOSAL
DD
ISTRICT IVISION
The Chairman announced that immediately upon adjournment, the Board would
reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes
are being prepared separately and are appended to this document.
14.C. ENVIRONMENTAL CONTROL BOARD
1.AMRMJ8,2004
PPROVAL OF INUTES OF THE EGULAR EETING OF UNE
2.QRBCC
UARTERLY EPORT FOR OARD OF OUNTY OMMISSIONERS
The Chairman announced that immediately upon adjournment of the Solid Waste
Disposal District Meeting, the Board would reconvene as the Board of Commissioners of the
Environmental Control Board. Those Minutes are being prepared separately and are appended to
this document.
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
November 2, 2004
42
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 12:22 p.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman
Minutes Approved: _________________
BCC/PR/2004 Minutes
November 2, 2004
43