HomeMy WebLinkAbout12/12/2006 (4)
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF DECEMBER 12, 2006
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE...................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS ............................................................................................................ 1
5.PROCLAMATIONS AND PRESENTATIONS ....................................... 2
5.A.1PW3AWF(A) .............................................2
RD
OINTE EST NNUAL INTEREST DDITION
6.APPROVAL OF MINUTES ........................................................................ 2
A. BREVARD COUNTY / INDIAN RIVER COUNTY JOINT
WORKSHOP, OCTOBER 25, 2006. .......................................................... 3
7.CONSENT AGENDA ................................................................................... 3
7.A.AW–N1016–N1630,2006 ..................3
PPROVAL OF ARRANTS OVEMBER OVEMBER
7.B.O--CTCAN
UTOFOUNTY RAVEL FOR OMMISSIONERS TO TTEND THE ATIONAL
December 12, 2006
1
AC(NAC)LC–M3-7,
SSOCIATION OF OUNTIES O EGISLATIVE ONFERENCE ARCH
2007 ............................................................................................................................4
7.C.FY2005-2006RDCS
ECORDS ISPOSITION OMPLIANCE TATEMENT AND
RMLOF,BC
ECORDS ANAGEMENT IAISON FFICER ORM OARD OF OUNTY
C .........................................................................................................4
OMMISSIONERS
7.D.CSAMP
ITY OF EBASTIAN PPOINTMENT TO ETROPOLITAN LANNING
OTAC .................................................5
RGANIZATION ECHNICAL DVISORY OMMITTEE
7.E.O--CTCFO’B,
UTOFOUNTY RAVEL FOR OMMISSIONERS LESCHER AND RYAN
CCCP ......................................................5
ERTIFIED OUNTY OMMISSIONERS ROGRAM
7.F.VCC ............................................................6
ACATION OMPENSATION ONSIDERATIONS
7.G.WMD’AC
ILSON ASONRY EVELOPERS GREEMENT FOR ONSTRUCTION OF
O-SMP12”WMODH,
FFITE ASTER LANNED ATER AIN ON LD IXIE IGHWAY
ARRFPD ........6
PPROVAL OF ELEASE OF ETAINAGE AND INAL AYMENT TO EVELOPER
7.H.CHI.’RFPAA
ENTEX OMES NCS EQUEST FOR INAL LAT PPROVAL FOR
P-O-SPSPB ...................7
LATVERITE LAN UBDIVISION TO BE KNOWN AS ROVENCE AY
7.I.PR–NCABN
ROGRESS EPORT EW OUNTY DMINISTRATION UILDINGS AND EW
EOC ............................................................................8
MERGENCY PERATIONS ENTER
7.J.C“TAOA”
ONSIDERATION OF HIRD MENDMENT TO PTION GREEMENT FOR
PSEPP
URCHASE OF THE HADOWBROOK STATES ARCEL OF THE SOUTH RONG
SLAACS ...................................................................................................8
LOUGH ITE
7.K.A-BR&ARPD
SUILT ESOLUTION SSESSMENT OLL FOR AVING AND RAINAGE
I34A12S14SV
THTHTH
MPROVEMENTS TO VENUE FROM TREET TO TREET IN ERO
PS/D,IRCP#0126 .............................................................................. 10
ARK ROJECT
7.L.IRCPN.0504,WON.2
NDIAN IVER OUNTY ROJECT O ORK RDER O
(E)PIII,SMSN
NGINEERING HASE URVEYING AND APPING ERVICES WITH ICK
M,I.,RRR .......................................... 10
ILLER NC EQUEST FOR ELEASE OF ETAINAGE
7.M.PA,886592A–CR510W
ND
ROPERTY CQUISITION VENUE IDENING AND
I,CPN.0610,D&BA,
MPROVEMENTS OUNTY ROJECT O ON ARBARA LLEN
O ................................................................................................................... 11
WNERS
7.N.R--WA,OR,ORW,PII,
IGHTOFAY CQUISITION SLO OAD SLO OAD IDENING HASE
DCP,LLC,O .......................................................................... 11
OC ROPERTIES WNER
December 12, 2006
2
8.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES – NONE .................................................................................. 12
9.PUBLIC ITEMS .......................................................................................... 12
A.PUBLIC HEARINGS - ............................................................................... 12
1.CAPFS
ONSIDERATION OF PPROVAL OF ROPORTIONATE AIR HARE
AD’AO27,LLC,
GREEMENT AND EVELOPERS GREEMENT FOR SLO AND
AACIE
PPROVAL OF AN MENDMENT TO THE APITAL MPROVEMENTS LEMENT OF
CPIFL27A
TH
THE OMPREHENSIVE LAN TO NCLUDE THE OUR ANING OF VENUE
13S,SW17S,SW(L) ............................... 12
THTH
FROM TREET TO TREET EGISLATIVE
9.B.PUBLIC DISCUSSION ITEMS ................................................................ 17
1.TG,P,FS.SRRCR
IM LOVER RESIDENT RIENDS OF T EBASTIAN IVER EGARDING
512WP ......................................................................................... 17
IDENING ROJECT
9.B.2MG,CMM,RSR
ARK OOD ALL THE OON AN EGARDING IGN EGULATIONS
I,C956IK ................................................................ 19
NTERPRETATION HAPTER TEM
9.B.3.AB,A’MH,RPP
NDY ARKER LS OTOR OMES EGARDING A ROPOSAL RESENTED
BO-SIRC........................ 21
TO THE OARD ABOUT FFSITE ALES IN NDIAN IVER OUNTY
9.C.PUBLIC NOTICE ITEMS - NONE ......................................................... 21
10.COUNTY ADMINISTRATOR’S MATTERS - NONE ......................... 21
11.DEPARTMENTAL MATTERS................................................................ 21
A.CD ................................................................................... 21
OMMUNITY EVELOPMENT
1.RARECC
EQUEST FOR PPROVAL OF A ESOLUTION NDORSING ATHOLIC HARITIES
DPB,I.,SA
OF THE IOCESE OF ALM EACH NC AS A PONSORING GENCY FOR A
SCEBSUFEZ
AMARITAN ENTER AY TORE NDER THE LORIDA NTERPRISE ONE
December 12, 2006
3
CCTCP ............................................. 21
OMMUNITY ONTRIBUTION AX REDIT ROGRAM
11.B.ES–N ........................................................................... 23
MERGENCY ERVICES ONE
11.C.GS–N ................................................................................. 23
ENERAL ERVICES ONE
11.D.HR–N ................................................................................ 23
UMAN ESOURCES ONE
11.E.HS–N .................................................................................... 23
UMAN ERVICES ONE
11.F.LS–N................................................................................... 23
EISURE ERVICES ONE
11.G.OMB–N ................................................. 23
FFICE OF ANAGEMENT AND UDGET ONE
11.H.R–N............................................................................................. 23
ECREATION ONE
11.I.PW ........................................................................................................ 23
UBLIC ORKS
1.AJPAFDOT
PPROVAL OF OINT ARTICIPATION GREEMENT WITH AND
R,OR(27A–10A),FDOTW
THTH
ESOLUTION SLO OAD VENUE VENUE ORK
P#421861-1-58-01BAIRCBN.2006091,
ROGRAM AND ID WARD FOR ID O
PN.9705C,OR(CR606)PIRW,
ROJECT O SLO OAD HASE OADWAY IDENING
ODH27A ......................................................... 23
TH
FROM LD IXIE IGHWAY TO VENUE
11.I.2.AJPAFDOT,CR
PPROVAL OF OINT ARTICIPATION GREEMENT WITH
512,P4(CR512,I-95SRMS),FDOT
HASE TO EBASTIAN IVER IDDLE CHOOL
WP#421862-1-58-01R ................. 25
ORK ROGRAM AND ACCOMPANYING ESOLUTION
11.J.US- ................................................................................... 25
TILITIES ERVICES NONE
12.COUNTY ATTORNEY - NONE .............................................................. 25
13.COMMISSIONERS’ ITEMS .................................................................... 26
13.A.CGC.W,C ................................................. 26
OMMISSIONER ARY HEELER HAIRMAN
13.B.CSL.BVC–N ............................ 28
OMMISSIONER ANDRA OWDEN ICE HAIRMAN ONE
13.C.CWS.D–N ............................................................. 28
OMMISSIONER ESLEY AVIS ONE
13.D.CJE.F-N ....................................................... 28
OMMISSIONER OSEPH LESCHER ONE
13.E.CPD.O’B-N .......................................................... 28
OMMISSIONER ETER RYAN ONE
14.SPECIAL DISTRICTS AND BOARDS ................................................... 28
A.EMERGENCYSERVICESDISTRICT .................................................................. 28
December 12, 2006
4
1.AMMO24,2006...................................... 28
PPROVAL OF INUTES EETING OF CTOBER
2.FY2005-2006RDCS
ECORDS ISPOSITION OMPLIANCE TATEMENT AND
RMLOF,ES
ECORDS ANAGEMENT IAISON FFICER ORM MERGENCY ERVICES
D .................................................................................................................. 28
ISTRICT
B.SOLIDWASTEDISPOSALDISTRICT ................................................................. 29
1.FY2005-2006RDCS
ECORDS ISPOSITION OMPLIANCE TATEMENT AND
RMLOF,SWD
ECORDS ANAGEMENT IAISON FFICER ORM OLID ASTE ISPOSAL
D .................................................................................................................. 29
ISTRICT
C.ENVIRONMENTALCONTROLBOARD–NONE .............................................. 29
15.ADJOURNMENT ....................................................................................... 29
December 12, 2006
5
December 12, 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, December 12, 2006. Present were Chairman Gary C. Wheeler, Vice
Chair Sandra L. Bowden, Commissioners Wesley S. Davis, Joseph E. Flescher and Peter
D. O’Bryan. Also present were County Administrator Joseph A. Baird, County Attorney
William G. Collins II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk
Athena Adams.
1. CALL TO ORDER
Chairman Wheeler called the meeting to order at 9:01 a.m.
2. INVOCATION
Dr. Charles C. Lever, Sr., First United Methodist Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Joseph E. Flescher led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
December 12, 2006
1
ITEMS
1.Addition, Item 5.A.1, Pointe West WinterFest (no backup)
2.Correction to Item 7.A. (Approval of Warrants, correction of date in subject
line)
3.Correction, Item 9.A.1, Replacement of pages 130-131 (Exhibit “C”)
4.Addition, Item 13.A.1 (Cloud Grove Stewardship District – letter dated
December 5, 2006.)
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O’Bryan, the Board unanimously approved
the above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A.1PW3AWF(A)
RD
OINTE EST NNUAL INTEREST DDITION
(Clerk’s Note: this item was heard after the Consent Agenda)
rd
Chuck Mechling,
President of Pointe West, Inc., announced Pointe West’s upcoming “3
Annual WinterFest” hosted by Indian River County Recreation Department and Pointe West, to be
held on Saturday, December 16, 2006 from 2:00 p.m. to 6:00 p.m., in Point West, Vero Beach. He
outlined the various activities planned and invited all to attend (Invitations were handed out to the
Board as well as gift items).
Mike Redstone, Assistant Director of Recreation, invited everyone to attend the event.
6. APPROVAL OF MINUTES
December 12, 2006
2
A. BREVARD COUNTY / INDIAN RIVER COUNTY JOINT
WORKSHOP, OCTOBER 25, 2006.
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Joint Workshop held on October 25, 2006. There were none.
ON MOTION by Vice Chair Bowden,
SECONDED by Commissioner O’Bryan, the
Board unanimously approved the Minutes of the
Brevard and Indian River Counties’ Joint
Workshop of October 25, 2006, as written and
distributed.
7. CONSENT AGENDA
Commissioner O’Bryan asked to pull, for discussion, Items 7.H. and 7.J.
Administrator Baird said there was a date correction on Item 7.J. that was needed.
7.A.AW–N1016–N1630,
PPROVAL OF ARRANTS OVEMBER OVEMBER
2006
ON MOTION by Vice Chair Bowden,
SECONDED by Commissioner Flescher, the
Board unanimously approved the list of Warrants
issued by the Clerk to the Board for the time
period November 16 – November 30, 2006, as
December 12, 2006
3
requested in the memorandum of November 30,
2006.
7.B.O--CTCA
UTOFOUNTY RAVEL FOR OMMISSIONERS TO TTEND THE
NAC(NAC)L
ATIONAL SSOCIATION OF OUNTIES O EGISLATIVE
C–M3-7,2007
ONFERENCE ARCH
ON MOTION by Vice Chair Bowden,
SECONDED by Commissioner Flescher, the
Board unanimously approved out-of-county
travel for Commissioners and staff to attend the
2007 National Association of Counties (NACo)
Legislative Conference to be held March 3-7,
2007 in Washington, D.C.
7.C.FY2005-2006RDCS
ECORDS ISPOSITION OMPLIANCE TATEMENT
RMLOF,B
AND ECORDS ANAGEMENT IAISON FFICER ORM OARD OF
CC
OUNTY OMMISSIONERS
ON MOTION by Vice Chair Bowden,
SECONDED by Commissioner Flescher, the
Board unanimously authorized the Chairman to
sign the Records Disposition Compliance
Statements for the period October 1, 2005 through
December 12, 2006
4
September 30, 2006 and submit the Record
Management Liaison Officer (RMLO) form to the
Florida Department of State on the Board’s
behalf, as recommended in the memorandum of
December 6, 2006.
RECORDS MANAGEMENT COMPLIANCE STATEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.D.CSAMP
ITY OF EBASTIAN PPOINTMENT TO ETROPOLITAN LANNING
OTAC
RGANIZATION ECHNICAL DVISORY OMMITTEE
The Board noted the appointment of Sebastian’s Airport Director Joe Griffin,
representing the City of Sebastian Municipal Airport on the Metropolitan Planning
Organization Technical Advisory Committee.
7.E.O--CTCF
UTOFOUNTY RAVEL FOR OMMISSIONERS LESCHER AND
O’B,CCCP
RYAN ERTIFIED OUNTY OMMISSIONERS ROGRAM
ON MOTION by Vice Chair Bowden,
SECONDED by Commissioner Flescher, the
Board unanimously approved out-of-county
travel for Commissioners Flescher and O’Bryan
to attend all workshops/conferences necessary to
attain their Florida Counties Foundation Certified
December 12, 2006
5
County Commissioners Certification, as
requested in the memorandum of December 6,
2006. The first workshop, Commissioners
Voluntary Certification Program will be held
January 10 – 11, 2007 at the Ocala Hilton in
Marion County.
7.F.VCC
ACATION OMPENSATION ONSIDERATIONS
ON MOTION by Vice Chair Bowden,
SECONDED by Commissioner Flescher, the
Board unanimously approved payment of up to 75
hours vacation accrual balances (for County
employees) exceeding the maximum cap, as
recommended in the memorandum of December
6, 2006.
7.G.WMD’AC
ILSON ASONRY EVELOPERS GREEMENT FOR ONSTRUCTION
O-SMP12”WMOD
OF FFITE ASTER LANNED ATER AIN ON LD IXIE
H,ARRFP
IGHWAY PPROVAL OF ELEASE OF ETAINAGE AND INAL AYMENT
D
TO EVELOPER
ON MOTION by Vice Chair Bowden,
SECONDED by Commissioner Flescher, the
Board unanimously approved Invoice No. 3 as
December 12, 2006
6
final payment to the Developer, Robert E. Fields,
in the amount of $2,967.92, as recommended in
the memorandum of December 5, 2006.
7.H.CHI.’RFPA
ENTEX OMES NCS EQUEST FOR INAL LAT PPROVAL FOR
AP-O-SPSPB
LATVERITE LAN UBDIVISION TO BE KNOWN AS ROVENCE AY
(Clerk’s Note: Court Reporter Cindy Riley was present representing Centex
Homes)
Commissioner O’Bryan noticed that the Letter of Credit is for a two-year period until
December of 2008 and wanted to make it clear that the Board expects all the site work and all else
to be completed and should not come back to the Board for an extension.
Planning Director Stan Boling and County Attorney Collins responded to Vice Chair
Bowden’s questions of whether or not the sidewalks on Indian River Boulevard would be
completed before anyone moved in. She also wanted repairs to be handled speedily and to be
updated periodically.
Attorney Collins responded to Chairman Wheeler’s question regarding the $269,000.00
Letter of Credit with SunTrust and where the Maintenance Bond comes in when they finish the
project.
Attorney Collins also provided answers to Commissioner Flescher’s question regarding
security.
December 12, 2006
7
ON MOTION by Commissioner O’Bryan,
SECONDED by Commissioner Wheeler, the
Board unanimously granted final plat approval for
Provence Bay Subdivision, with recordation of
the mylar only after the security has been
reviewed, approved, and validated by the County
Attorney’s Office and the contract has been
executed by the County Administrator, all as
recommended in the memorandum of November
27, 2006.
7.I.PR–NCAB
ROGRESS EPORT EW OUNTY DMINISTRATION UILDINGS
NEOC
AND EW MERGENCY PERATIONS ENTER
ON MOTION by Vice Chair Bowden,
SECONDED by Commissioner Flescher, the
Board unanimously accepted the Progress Report
as presented in the memorandum of December 6,
2006.
7.J.C“TAOA”
ONSIDERATION OF HIRD MENDMENT TO PTION GREEMENT
PSEP
FOR URCHASE OF THE HADOWBROOK STATES ARCEL OF THE SOUTH
PSLAACS
RONG LOUGH ITE
Commissioner O’Bryan discussed contamination on the site. He wanted it to be clear that
if we do go forward with the $450,000.00 escrow amount, we still have the option to bail out if the
December 12, 2006
8
contamination greatly exceeds that amount and it is worse than we anticipated.
Community Development Director Bob Keating said there has been discussion with the
seller who would like to close earlier. He also admitted there was some contamination on the
property and there needs to be some remediation for which the Seller would be responsible. The
Seller proposes closing on the property on January 31, 2007 instead of February 28, 2007.
Discussion ensued regarding staff’s recommendation and the closing date.
Chief of Environmental Planning Roland DeBlois provided more insight and responded
to Vice Chair Bowden’s question of when the clearance of the environmental issue was
anticipated. Discussion ensued regarding early termination.
ON MOTION by Commissioner Davis,
SECONDED by Commissioner O’Bryan, the
Board unanimously approved the Third
Amendment to Option Agreement for “Sale and
Purchase” of the Shadowbrook Estates, Inc.,
parcel, with a January 31, 2007 closing date;
authorized the Chairman to sign same; and
authorized the Assistant County Administrator to
execute the escrow agreement and any additional
amendment to the option agreement to reflect the
escrow, after review and sign-off by the County
Attorney’s Office and other appropriate staff, all
as recommended in the memorandum of
December 5, 2006. Staff to keep the Board
December 12, 2006
9
updated on the progress of this project.
THIRD AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.K.A-BR&ARP
SUILT ESOLUTION SSESSMENT OLL FOR AVING AND
DI34A12S14
THTHTH
RAINAGE MPROVEMENTS TO VENUE FROM TREET TO
SVPS/D,IRCP#0126
TREET IN ERO ARK ROJECT
ON MOTION by Vice Chair Bowden,
SECONDED by Commissioner Flescher, the
Resolution 2006
Board unanimously approved
-187
certifying “as-built” costs for certain paving
th
and drainage improvements to 34 Avenue from
thth
12 Street to 14 Street, designated as project No.
0126, and other construction necessitated by such
project; providing for formal completion date, and
date for payment without penalty and interest.
7.L.IRCPN.0504,WON.2
NDIAN IVER OUNTY ROJECT O ORK RDER O
December 12, 2006
10
(E)PIII,SMS
NGINEERING HASE URVEYING AND APPING ERVICES WITH
NM,I.,RRR
ICK ILLER NC EQUEST FOR ELEASE OF ETAINAGE
ON MOTION by Vice Chair Bowden,
SECONDED by Commissioner Flescher, the
Board unanimously approved release of retainage
and final payment in the amount of $22,939.00 to
Nick Miller, Inc., as recommended in the
memorandum of December 5, 2006.
7.M.PA,886592A–CR510W
ND
ROPERTY CQUISITION VENUE IDENING
I,CPN.0610,D&B
AND MPROVEMENTS OUNTY ROJECT O ON ARBARA
A,O
LLEN WNERS
ON MOTION by Vice Chair Bowden,
SECONDED by Commissioner Flescher, the
Board unanimously approved Option 1, the
$210,000.00 purchase and the leaseback, and
authorized the Chairman to execute the
Agreement to Purchase and Sell Real Estate, as
recommended in the memorandum of December
4, 2006.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.N.R--WA,OR,ORW,
IGHTOFAY CQUISITION SLO OAD SLO OAD IDENING
December 12, 2006
11
PII,DCP,LLC,O
HASE OC ROPERTIES WNER
ON MOTION by Vice Chair Bowden,
SECONDED by Commissioner Flescher, the
Board unanimously approved the $20,000.00
purchase and authorized the Chairman to execute
the Agreement to Purchase and Sell Real Estate,
as recommended in the memorandum of
November 30, 2006.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
(Clerk’s Note: The Chairman announced they would now hear the Presentation from Pointe West
– see additional Item 5.A.1.)
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES – NONE
9. PUBLIC ITEMS
A. PUBLIC HEARINGS -
1.CAPFS
ONSIDERATION OF PPROVAL OF ROPORTIONATE AIR HARE
AD’AO27,LLC,
GREEMENT AND EVELOPERS GREEMENT FOR SLO AND
AACI
PPROVAL OF AN MENDMENT TO THE APITAL MPROVEMENTS
December 12, 2006
12
ECPIF
LEMENT OF THE OMPREHENSIVE LAN TO NCLUDE THE OUR
L27A13S,SW17S,SW
THTHTH
ANING OF VENUE FROM TREET TO TREET
(L)
EGISLATIVE
Community Development Director Bob Keating announced that this item was
returning to the Board as a continued public hearing. He provided background on the case
by use of a PowerPoint presentation (copy on file). He presented the Developer’s
ththth
Proposal, which include agreeing to widen 27 Avenue (13 Street SW to 17 St. SW) at
Developer’s cost. He also outlined the attachments to the staff report that were presented
prior, as well as funding involved in this project. He presented staff’s recommendation and
asked the Board to approve it.
Commissioner Davis sought confirmation on whether Turtle Creek was to provide
th
or build links to the north of Oslo Road to at least 5 Street SW. Director Keating
th
responded, “Yes”, explaining that Turtle Creek has an obligation to widen 27 Avenue
thth
from 2 to 4 lanes from 13 Street SW to 5 Street SW. Director Keating also discussed
design improvements to Oslo road.
County Administrator Joseph Baird and Public Works Director Jim Davis
addressed right-of-way issues and whether the project could be done in 24 months.
Commissioner O’Bryan had concerns about the project deadline and had questions
regarding traffic certificates (1-year vs. 5-year).
Vice Chair Bowden questioned the applicant’s expertise in building county roads,
and discussed budget overrun and timeliness of the project.
December 12, 2006
13
Jerry Swanson,
P&S Properties and Agent for Oslo 27, LLC, said they never built
a road before but they hired the same professionals that the County uses and they boast an
excellent track record.
Discussion ensued regarding the different links and prevention of bottlenecking.
Assistant Public Works Director Chris Mora explained the design of the subject area, the
timeframe to get the total projects done, and the penalty.
More discussion ensued regarding the 5-year versus the 20-year plan and traffic
impacts, the positive things to be gained from going ahead with this project, and whether
private developers might do a quicker and better job.
Mr. Swanson
promised to get the job done in 24-months.
Commissioner O’Bryan questioned how commercial development would be tied in
with the road project. There were discussions regarding the irrevocable letter of credit.
Commissioner O‘Bryan would not vote to extend the LOC if work is not done in
the timeframe required and wanted ballpark percentages of other projects that might be
presented.
The Chairman opened the public hearing.
th
Mark Brackett
, 1915 34 Avenue, commended everyone involved, especially
County staff, in trying to get this project off the ground. He urged the Board to move
forward with the project.
December 12, 2006
14
rd
Bob Johnson,
Coral Wind Subdivision, questioned the impact on 43 Avenue and
agreed with Vice Chair Bowden that this is a project not needed. He discussed various
issues that have not yet been discussed and urged the Board to be cautious on how they
proceed.
Rene Renzi
, Waverly Place, and the Civic Association, has seen references to
“Oslo 27 LLC” and has no idea what it is.
Mr. Swanson
explained that it is a Limited Liability Company consisting of P&S
Properties and a group of John’s Island Investors called the Gibb Group.
Ms. Renzi
also wanted to know what the development would comprise upon
completion.
Mr. Swanson
explained that it would be a 44,000 sq. ft. project consisting of a
restaurant, medical building, retail and some offices.
th
Jens Tripson
, 2525 14 Street, recommended they go ahead with this proposal and
get the project done.
There were no additional speakers and the Chairman closed the public hearing.
Attorney Collins responded to Vice Chair Bowden’s question of whether the
developer has to agree with our recommendations.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Chairman Wheeler, to approve staff’s
December 12, 2006
15
recommendation.
th
Discussion ensued regarding the total capacity that the widening would add to 27
Avenue.
MOTION WAS AMENDED to add the Capital
Improvement project to this link.
Vice Chair Bowden wished Mr. Swanson well and hoped he would do a good job.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board approved the Developer’s
agreement between Indian River County and Oslo 27, LLC
ththth
to four-lane 27 Avenue between 13 Street, SW and 17
Street, SW; authorized the Chairman to sign the agreement;
opened the public hearing and took public comments on the
proposed Comprehensive Plan Text Amendment to add the
ththth
four laning of 27 Avenue between 13 Street, SW and 17
Street, SW to the County’s Capital Improvements Element;
Ordinance 2006-042
adopted amending the text of the
Comprehensive Plan’s Capital Improvements Element; and
providing severability and effective date.
The Board also approved the Proportionate Fair Share
Agreement with Oslo 27, LLC and authorized the
Chairman to execute same, all as recommended in the
memorandum of December 5, 2006.
AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
December 12, 2006
16
The Chairman called a break at 10:24 a.m. and reconvened the meeting at 10:37
a.m. with all members present.
9.B. PUBLIC DISCUSSION ITEMS
1.TG,P,FS.SR
IM LOVER RESIDENT RIENDS OF T EBASTIAN IVER
RCR512WP
EGARDING IDENING ROJECT
Tim Glover
, President of Friends of St. Sebastian River, 9660 Estuary Way, referred to a
letter sent to the Board airing the concerns his community has regarding the CR 512 widening,
especially where it crosses the St. Sebastian River where there is an ongoing project to build a
stormwater park. They have subsequently met with County staff and have had some of their
complaints resolved. He disclosed the results of meetings they have had and asked that there be
some independent investigation to learn about these problems and to prevent this from reoccurring
in the future.
Commissioner Davis felt the concerns were legitimate and related various problems
individuals brought to his attention. He could see how they could use the “tree ordinance” to help
mitigate and offset some of the impacts that we have had and felt maybe we should not have the
ordinance if there are more restrictions than we can live with.
Administrator Baird addressed some confusion in the ordinance regarding an exemption.
He read that portion and explained the reason for the exemption, remarking that maybe they could
change the language.
Discussion ensued regarding the Ordinance and “butchering of environmentally sensitive
December 12, 2006
17
areas”. It was expressed that staff had done a lot to try and protect the environment.
Chairman Wheeler thinks the first gap to put together is to look at the credibility they have
to deal with this. He agreed there needs to be an investigation but wondered how we could do an
independent investigation and keep our credibility. He suggested they appoint Commissioner
Wesley Davis to get with the necessary people and have a bi-partisan group to re-evaluate this and
see how we could prevent this in the future.
Motion WAS MADE by Commissioner O’Bryan,
SECONDED by Chairman Wheeler, to have Commissioner
Davis form a committee to look into this matter and come
back to the Board with recommendations to make sure it
does not happen again. The Board is to be provided with a
report and periodic updates.
County Attorney Collins addressed questions regarding “In the Sunshine”.
David Cox,
Periwinkle Drive, suggested they have a time-certain for the results of this
investigation because he is looking towards solutions and leading by example. He discussed
concerns regarding the widening project and the hope that it could be done in a way that is
environmentally sensitive. He was concerned about how they would get from concept to
implementation.
Steve Moler
of Masteller Moler promised to cooperate fully with the investigation and
to make sure things that have happened, that they are not happy with, do not happen again.
Dr. Richard Baker
discussed the need to look at tree ordinances again.
December 12, 2006
18
Discussion ensued regarding the life of a land development permit.
Bruce Zingman,
600 Cottonwood Road, discussed the acreages that were affected by the
removal of trees.
Further discussion continued regarding correcting the problem.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
9.B.2MG,CMM,RS
ARK OOD ALL THE OON AN EGARDING IGN
RI,C956IK
EGULATIONS NTERPRETATION HAPTER TEM
th
Mark Good,
1405 6 Street, gave a brief history of his company “The Moon
Man”, which is an inflatable rental company that provides entertainment for events for
schools, churches and businesses. He wanted permission from the Board to be allowed to
offer his equipment (“air dancers” or “sky tubes”) for rent to other companies to help
promote their events. He pointed out that, as he understands it, there is nothing to prohibit
him from displaying his “air dancers”, and he wanted the opportunity to offer unique
service to the community and other businesses.
In response to Commissioner Flescher’s inquiry on the height of the “air dancers”,
Mr. Good
said they average from15 feet and could go to 40 feet, but would recommend
they go no more than 20 feet.
December 12, 2006
19
Commissioner Davis questioned the use of “air dancers” in front of certain
establishments and whether our ordinance allowed it.
Director Keating affirmed that our ordinance allowed it and drew reference to the
County’s Code regarding “signs” outlining its definition and intent. He remarked that staff
feels they are not appropriate for certain events.
Mr. Good
compared his signs to others he had seen in storefronts and believed
there needs to be new provisions in our codes to accommodate ideas like his.
Discussion ensued on the use of flags, the use of air dancers to attract attention,
visibility from public right-of-way, legality, and use by automobile dealerships.
Chuck Mechling, ,
1999 Pointe West Drive supported businesses being able to
expand, but questioned what Indian River County is going to look like. He found it to be
offensive to seeing these signs all over. He also discussed signs that are allowable,
including human signs.
Director Keating expressed that staff’s interpretation is that the human signs are
acceptable, as they are not fixed to a location. More discussion ensued regarding signs and
signs in general.
Commissioner Davis understood Mr. Good’s dilemma but thinks the request is not
appropriate for the County to agree on.
Vice Chair Bowden wants a revisit to the human signs because of the danger it
December 12, 2006
20
poses.
No Board action taken.
9.B.3.AB,A’MH,RP
NDY ARKER LS OTOR OMES EGARDING A ROPOSAL
PBO-SIR
RESENTED TO THE OARD ABOUT FFSITE ALES IN NDIAN IVER
C
OUNTY
Mr. Barker was not present.
9.C. PUBLIC NOTICE ITEMS - NONE
10. COUNTY ADMINISTRATOR’S MATTERS - NONE
11. DEPARTMENTAL MATTERS
A.CD
OMMUNITY EVELOPMENT
1.RARE
EQUEST FOR PPROVAL OF A ESOLUTION NDORSING
CCDPB,I.,
ATHOLIC HARITIES OF THE IOCESE OF ALM EACH NC
SASCEB
AS A PONSORING GENCY FOR A AMARITAN ENTER AY
December 12, 2006
21
SUFEZC
TORE NDER THE LORIDA NTERPRISE ONE OMMUNITY
CTCP
ONTRIBUTION AX REDIT ROGRAM
Community Development Director Bob Keating presented the request to the Board,
outlining the objectives of an enterprise zone. He described this as an allowance that the State has
created for enterprise zones, the basic objective of which is to provide various incentives to
encourage businesses and redevelopment in an enterprise zone. He asked the Board to approve
staff’s recommendation.
Motion WAS MADE by Commissioner Davis,
SECONDED by Commissioner O’Bryan, to approve staff’s
recommendations with attachments 1-4.
There were no further discussions.
The Chairman CALLED THE QUESTION and
the Motion carried unanimously. The Board
Resolution 2006-188
approved endorsing
Catholic Charities of the Diocese of Palm Beach,
Inc., as a sponsoring agency under the Florida
Enterprise Zone Community Contribution Tax
Credit Program; and finding that the Samaritan
Center Catholic Charities of the Diocese of Palm
Beach, Inc. EBay store is consistent with the
Indian River County/City of Vero Beach
December 12, 2006
22
Enterprise Zone Strategic Plan and Indian River
County Comprehensive Plan.
11.B.ES–N
MERGENCY ERVICES ONE
11.C.GS–N
ENERAL ERVICES ONE
11.D.HR–N
UMAN ESOURCES ONE
11.E.HS–N
UMAN ERVICES ONE
11.F.LS–N
EISURE ERVICES ONE
11.G.OMB–N
FFICE OF ANAGEMENT AND UDGET ONE
11.H.R–N
ECREATION ONE
11.I.PW
UBLIC ORKS
1.AJPAFDOT
PPROVAL OF OINT ARTICIPATION GREEMENT WITH AND
R,OR(27A–10A),FDOTW
THTH
ESOLUTION SLO OAD VENUE VENUE ORK
P#421861-1-58-01BAIRCBN.2006091,
ROGRAM AND ID WARD FOR ID O
PN.9705C,OR(CR606)PIR
ROJECT O SLO OAD HASE OADWAY
W,ODH27A
TH
IDENING FROM LD IXIE IGHWAY TO VENUE
December 12, 2006
23
Public Works Director Jim Davis apprised the Board of this request by recapping his
memorandum of December 5, 2006. He asked the Board to approve staff’s recommendation.
Motion WAS MADE by Commissioner Davis,
SECONDED by Chairman Wheeler, under discussion, to
approve staff’s recommendation.
Commissioner Davis questioned the completion of the right-of-way and asked not to let
what happened on CR512 happen here.
The Chairman CALLED THE QUESTION and the Motion
Resolution
carried unanimously. The Board approved
2006-189
approving a Florida Department of
Transportation Joint Participation Agreement for funding
of Regional Transportation projects through the
Transportation Regional incentive Program (TRIP).
The Board also awarded the Bid to Sheltra & Son
Construction Co., Inc., as the lowest and most responsive
bidder meeting the specifications as set forth in the
Invitation to Bid; approved the sample agreement; and
authorized the Chairman to execute same when required
performance and payment bonds have been submitted
along with appropriate certificate of insurance and the
County Attorney has approved the agreement as to form
and legal sufficiency, all as recommended in the
memorandum of December 5, 2006.
December 12, 2006
24
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.2.AJPAFDOT,
PPROVAL OF OINT ARTICIPATION GREEMENT WITH
CR512,P4(CR512,I-95SRMS),
HASE TO EBASTIAN IVER IDDLE CHOOL
FDOTWP#421862-1-58-01
ORK ROGRAM AND ACCOMPANYING
R
ESOLUTION
Public Works Director Jim Davis presented the request to the Board by recapping his
memorandum of December 5, 2006. He asked the Board to approve staff’s recommendation.
Discussion ensued regarding purchasing an island on the river.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2006-190
approving a Florida Department of
Transportation Joint Participation Agreement for funding
of Regional Transportation Projects through the
Transportation Regional Incentive Program (TRIP).
11.J.US-
TILITIES ERVICES NONE
12. COUNTY ATTORNEY - NONE
December 12, 2006
25
13. COMMISSIONERS’ ITEMS
13.A.CGC.W,C
OMMISSIONER ARY HEELER HAIRMAN
Chairman Wheeler spoke about a letter he received from the attorneys representing Cloud
Grove dated December 5, 2006 regarding a proposed bill being presented to the Indian River
County Legislative Delegation on December 14, 2006. The Bill is creating a Special Assessment
District for all of Cloud Grove properties, which include approximately 1400 acres in Indian River
County. Chairman Wheeler was concerned that there has not been much dialogue, education or
background given to this Commission on this matter. He was also concerned that this was being
done through a Special Act of the Legislature instead of coming to the Commission or through St.
Lucie County. He asked that the Board send a resolution opposing this “special act of the
legislature” that Cloud Grove is asking for.
Commissioner Davis announced that he met with Ernie Cox and Cynthia D’Angelo
yesterday and expressed concerns about the 1400 acres in Indian River County and what the plans
were for it. He asked them to call Bob Yulevich from St. John’s River Water Management District
because there has been some discussion about the C-24 canal connection to the south and being
able to provide some 300 million gallons of water coming in from the St. John’s Marsh.
Commissioner Davis responded to Chairman Wheeler’s request for a definition of the
Community Development District (CDD) and the Special Taxing District and whether they have
different functions.
Chairman Wheeler adamantly opposed the proposal and wants to send a strong resolution
to the Legislature asking them to respect our “home rule” the best they can and not allow Cloud
Grove to put a “special taxing district” in our County on a piece of property they have no intentions
of developing.
December 12, 2006
26
Motion WAS MADE by Commissioner O’Bryan,
SECONDED by Commissioner Flescher, to send a letter of
objection to the Legislature noting the County’s objection
to Cloud Grove’s Bill creating a special assessment district
for all of its property.
Discussion ensued regarding a reservoir and who to assess, the DRI process, an
interchange and traffic, and mitigated impacts.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
George Christopher
remarked that Cloud Grove is a development that is under the Rural
Land Stewardship Program and he had asked in the past if that could be expanded into our County
without amending our Comprehensive Land Use Plan. Director Keating had said it could not and
it would take an amendment to the Comprehensive Plan, which puts it under the Board’s control.
Mr. Christopher suggested they get legal opinion from Mr. Collins to verify ambiguity, if any.
Attorney Collins explained that anything that is being done with a “special act” project
would have to be consistent with our Comprehensive Plan regulations. Discussion ensued
regarding rural lands and land-use regulations.
Bob Swift
, 6450 Glendale, suggested the Board have Mr. Cox come and make a
presentation. He discussed his understanding and knowledge of the Rural Land Stewardship
Program.
Chairman Wheeler thought maybe Attorney Collins could talk with Mr. Cox and see where
we need to go with this.
December 12, 2006
27
13.B.CSL.BVC–N
OMMISSIONER ANDRA OWDEN ICE HAIRMAN ONE
13.C.CWS.D–N
OMMISSIONER ESLEY AVIS ONE
13.D.CJE.F-N
OMMISSIONER OSEPH LESCHER ONE
13.E.CPD.O’B-N
OMMISSIONER ETER RYAN ONE
14. SPECIAL DISTRICTS AND BOARDS
A.EMERGENCYSERVICESDISTRICT
The Chairman announced that immediately upon adjournment of the Board of
County Commissioners Meeting, the Board would reconvene as the Board of Commissioners of
the Emergency Services District. Those Minutes are being prepared separately and are appended
to this document.
1.AMMO24,2006
PPROVAL OF INUTES EETING OF CTOBER
2.FY2005-2006RDCS
ECORDS ISPOSITION OMPLIANCE TATEMENT AND
RMLOF,E
ECORDS ANAGEMENT IAISON FFICER ORM MERGENCY
SD
ERVICES ISTRICT
December 12, 2006
28
B.SOLIDWASTEDISPOSALDISTRICT
The Chairman announced that immediately upon adjournment of the Board of
Commissioners of the Emergency Services District, 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.
1.FY2005-2006RDCS
ECORDS ISPOSITION OMPLIANCE TATEMENT AND
RMLOF,SW
ECORDS ANAGEMENT IAISON FFICER ORM OLID ASTE
DD
ISPOSAL ISTRICT
C.ENVIRONMENTALCONTROLBOARD–NONE
15. ADJOURNMENT
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES
ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
AND ARE HEREBY MADE A PART OF THESE MINUTES
December 12, 2006
29
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 12:04 p.m.
ATTEST:
______________________________ ________________________________
Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman
Minutes Approved: ______________
BCC/aa/2006Minutes
December 12, 2006
30