HomeMy WebLinkAbout12/13/2005
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF DECEMBER 13, 2005
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE...................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS ............................................................................................................ 2
5.A.RESOLUTION 2005-215 - PRESENTATION BY ROBERT C.
ADAIR, JR. CHAIRMAN OF THE AGRICULTURE ADVISORY
COMMITTEE, ON CITRUS CANKER AND GREENING
DISEASE AND THEIR IMPACT ON INDIAN RIVER COUNTY ...... 2
6.APPROVAL OF MINUTES – NOVEMBER 8, 2005 ............................... 5
6.B.APPROVAL OF WATER RESOURCES WORKSHOP MINUTES
– NOVEMBER 9, 2005 ................................................................................. 5
December 13, 2005 1
7.CONSENT AGENDA ................................................................................... 5
7.A.R .....................................................................................................................5
EPORTS
7.BAW–N18,2005N30,2005 ..............6
PPROVAL OF ARRANTS OVEMBER TO OVEMBER
7.C.2005R-ECOCC
ELECTION OF ITIZENS VERSIGHT OMMITTEE HAIRMAN
CSVCPR ......................................6
HARLES EARCY AND ICE HAIRMAN ETER OBINSON
7.D.QCPD–TRG,LLCSLM
UAIL REEK RANSFER FROM EGENT ROUP TO
I,LLC––
NVESTMENTS PRELIMINARY PLAN APPROVALS ASSIGNMENT OF
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS AND SIDEWALK
– ....................................................................6
IMPROVEMENTS TRANSFER OF PERMIT
7.E.R2005-209-AMRCC,I.–N
ESOLUTION IR ASTERS ADIO ONTROL LUB NC EW
SA–NCRP ....................................7
UBLEASE GREEMENT ORTH OUNTY EGIONAL ARK
7.F.AAG,I.(AAG)RWA
MERICAN CQUISITION ROUP NC IGHT OF AY CQUISITION
SMAR ...............................................................8
ERVICES ASTER GREEMENT ENEWAL
7.G.R2005-210–OHESD–CL
ESOLUTION AK OLLOW STATES ALL ETTER OF
C–DLD,LLC(DRCC.,I. ........8
REDIT IECO EVELOPMENT IOCCO ONSTRUCTION O NC
7.H.R2005-211-APPD–S
ESOLUTION NSLEY ARK LANNED EVELOPMENT IDEWALKS
–RCLC/EED
EQUEST TO ALL ETTER OF REDIT ANDOR XTEND XPIRATION ATE
CRSI–SD
TO OMPLETE EMAINING IDEWALK MPROVEMENTS HOWCASE ESIGNER
H,L.C.(SGC,I.S
OMES AN EORGE ONTRACTING NC AND EACOAST
D,I.) .................................................................................................9
EVELOPMENT NC
7.I.IRCCF–5.75%7%
NTEREST ATE HANGE ON ALL OUNTY INANCING FROM TO
(PP,UAP,UIF,
ETITION AVING TILITY SSESSMENT ROJECTS TILITY MPACT EES
E.) ........................................................................................................................ 10
TC
7.J.CEVACPC
OUNTY MPLOYEE ACATION CCRUAL AP OLICY AND OMPENSATION
C ..................................................................................................... 10
ONSIDERATIONS
7.K.SAMU(MOU)–
ECOND MENDMENT TO THE EMORANDUM OF NDERSTANDING
S.J’RWMD(SJRWMD)–S,
T OHNS IVER ATER ANAGEMENT ISTRICT EDIMENT
FRWQIT
LOW EDUCTION AND OTHER ATER UALITY MPROVEMENTS WITHIN HE
IRFWC................................................................. 11
NDIAN IVER ARMS ATER ONTROL
7.L.R2005-212–RE2002SPC,
ESOLUTION ELEASE OF ASEMENT AT EA ALM OURT
L46,OSD–A-Z,I. ......................................................... 12
OT CEANRIDGE PEXONS NC
December 13, 2005 2
7.M.R2005-213–PRE(15)5539
ESOLUTION ARTIAL ELEASE OF ASEMENT FEET AT
HHC(L22,HHVBP1
IGH AWK IRCLE OT IGH AWK OF ERO EACH HASE
S)–HHVBHB,LLC ..................................................... 12
UBDIVISION OME UILDERS
7.N.R2005-214-SRPD
ESOLUTION TAFF EQUEST TO ROCEED WITH EMOLITION AND
RCS1274680A(O:
TH
EMOVAL OF A ONDEMNED TRUCTURE AT VENUE WNER
E&WR) ..................................................................................... 12
LLIS ANDA OBERTS
7.O.FIFRRH
INAL NVOICE AND INAL ELEASE OF ETAINAGE FOR YDROMENTIA
I.’WON.2AS
NCS ORK RDER O FOR DDITIONAL ENGINEERING ERVICES
REMRSP ................................ 13
ELATED TO GRET ARCH EGIONAL TORMWATER ARK
9.A.1.PUBLIC HEARING – COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) DISASTER RECOVERY INITIATIVE GRANT
AMENDMENT– MILITARY CONSTRUCTION
APPROPRIATIONS, AND EMERGENCY HURRICANE
SUPPLEMENTAL APPROPRIATIONS ACT, PUBLIC LAW
108-324 - FRED FOX ENTERPRISES, INC.(LEGISLATIVE) ......... 13
9.A.2.PUBLIC HEARING – ORDINANCE 2005-049 - AMENDMENT
TO TITLE X OF THE CODE OF INDIAN RIVER COUNTY
IMPACT FEE ORDINANCE .................................................................... 14
9.A.3.PUBLIC HEARING – ROSELAND UNITED METHODIST
CHURCH’S REQUEST FOR SPECIAL EXCEPTION USE
APPROVAL TO USE A PORTION OF ITS EXISTING
FACILITY AS A PRESCHOOL/DAYCARE – JOHN H. DEAN
ARCHITECT & ASSOCIATES, INC. (QUASI-JUDICIAL) ............... 16
9.A.4.PUBLIC HEARING – ORDINANCE 2005-050 - BRACKETT
FAMILY LTD. PARTNERSHIP’S REQUEST TO REZONE ±30
December 13, 2005 3
TH
ACRES FROM A-1 TO RM-6 (RZON 2005030356-46799) – 12
ND
STREET AND 82 AVENUE) - QUASI-JUDICIAL) .......................... 19
9.B.1.REQUEST BY FOREST SMITH TO DISCUSS COMCAST’S
SERVICE TO VIEWERS – DISCONTINUING CHANNEL 29 .......... 20
10.A.EMERGENCY LEGISLATIVE BILL EXTENDING THE
DISCOUNT PERIOD TO PAY AD VALOREM TAXES ..................... 21
11.I.1.EGRET MARCH REGIONAL STORMWATER PARK – G. K.
ENVIRONMENTAL, INC. (GKE) - WORK ORDER NO. 1 –
UPLAND AND WETLAND CREATION SERVICES .......................... 22
11.I.2.WATERWAY VILLAGE DEVELOPER’S AGREEMENT –
DEVELOPER CONTRIBUTIONS TO ROADWAY
RD
IMPROVEMENTS ALONG 53 STREET AND NEARBY
INTERSECTIONS – DIVOSTA HOMES, L.P. ...................................... 22
11.I.3.BEACH RESTORATION PROJECTS – CONTINUING
CONTRACT AGREEMENT – PROFESSIONAL ENGINEERING
SERVICES DESIGN AND PERMITTING – COASTAL
TECHNOLOGY CORPORATION, TAYLOR ENGINEERING,
INC., AND APPLIED TECHNOLOGY & MANAGEMENT .............. 23
THRD
11.I.4.RIGHT OF WAY ACQUISITION – 3375 66 AVENUE – 33
TH
STREET BRIDGE REPLACEMENT AT 66 AVENUE AND
TH
FUTURE 66 AVENUE ROADWAY WIDENING – FRED H.
PETERSON AND EDWARD P. PETERSON ........................................ 23
December 13, 2005 4
11.I.5.NORTH COUNTY REGIONAL PARK, PHASE II – CHANGE
ORDER NO. 3 – IRC PROJECT NO. 0399 – BARTH
CONSTRUCTION ...................................................................................... 25
11.J.I.BID #7085 – COUNTYWIDE WATER METER, BOX & LID
ADJUSTMENT/UTILITIES DEPARTMENT ....................................... 25
11.J.2.FLORIDA WATER/WASTEWATER AGENCY RESOURCE
NETWORK (FLAWARN) ......................................................................... 26
11.J.3.UTILITIES OPERATIONS COMPLEX – CHANGE ORDER NO.
4 – INSTALLATION OF AN EMERGENCY ELECTRICAL
POWER GENERATOR – PROJECT NO. UCP 2229 – BID NO.
7026 – SUMMIT CONSTRUCTION MANAGEMENT, INC.
(SCM) -.......................................................................................................... 26
11.J.4.UTILITIES OPERATIONS COMPLEX – AMENDMENT NO. 4
TO WORK ORDER NO. 1 – ADDITIONAL CONSTRUCTION
SERVICES – BROWN & CALDWELL, INC. (B&C)........................... 27
11.J.5.AUTHORIZATION TO AWARD ENGINEERING STUDY TO
CAROLLO ENGINEERS, P.C. – WATER QUALITY AND
CORROSION EFFECTS IN THE DRINKING WATER SYSTEM
– UCP 2715 ................................................................................................... 27
12.A.COUNTY ATTORNEY – APPEAL OF ANTILLES
CONCURRENCY APPLICATION; REQUEST FOR
CLARIFICATION ...................................................................................... 28
December 13, 2005 5
12.B.APPEAL FROM DENIAL OF REQUEST FOR NEW IMPACT
FEE INCREASE EXEMPTION – KMP PROPERTIES AND
KELLY CONSTRUCTION AND DEVELOPMENT AFFIDAVIT
NOS. 554-566, RENEE DEARLOVE AND KELLY
CONSTRUCTION AND DEVELOPMENT AFFIDAVIT NOS.
572-576 .......................................................................................................... 33
12.C.LEWIS BARTON – 2025 SURFSIDE TERRACE – STATUS
REPORT – DEMOLITION (CONTINUATION OF DECEMBER
6, 2005 MEETING ....................................................................................... 34
13.B.VICE CHAIRMAN – ARTHUR NEUBERGER –
ENVIRONMENTAL LAND ACQUISITION PROJECTS AND
MANAGEMENT STATUS REPORT FOR ENVIRONMENTAL
LANDS PROGRAM ................................................................................... 35
ADDITIONAL DOCUMENTS – SOUTH PRONG SLOUGH LAAC SITE
-RYALL TRACT - ASSIGNMENT OF OPTION TO PURCHASE
– AFFIDAVIT – LEASE ............................................................................ 35
14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 35
14.B.1.BA#7087-PF(4)OTSW
ID WARD URCHASE OF OUR PEN OP TEEL ALKING
FTTSWDD,UD/S
LOOR RANSFER RAILERS FOR TILITIES EPARTMENTOLID
WDD–SM,I. ........................... 36
ASTE ISPOSAL ISTRICT PECTOR ANUFACTURING NC
December 13, 2005 6
December 13, 2005
REGULAR MEETING TO 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 13, 2005, at 9:00 a.m. Present were Chairman Thomas S. Lowther, Vice
Chairman Arthur R. Neuberger, and Commissioners Sandra L. Bowden, Wesley Davis and Cary
C. Wheeler. Also present were County Administrator Joseph Baird, County Attorney William G.
Collins II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Maria I. Suesz.
1. CALL TO ORDER
Chairman Lowther called the meeting to order at 9:00 a.m.
2. INVOCATION
Planning Director Stan Boling delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Attorney William G. Collins, II led the Pledge of Allegiance to the Flag.
December 13, 2005 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Lowther requested the following changes to today’s Agenda:
Add: Item 9.B.1. Forest Smith’s request to discuss Comcast’s Service to
viewers
Additional Backup: Item 9.A.2. Letter from Roseland Residents
Add: Item 10.A. Emergency Legislative Bill extending the discount
period to pay ad valorem taxes
5.A. RESOLUTION 2005-215 - PRESENTATION BY ROBERT C.
ADAIR, JR. CHAIRMAN OF THE AGRICULTURE
ADVISORY COMMITTEE, ON CITRUS CANKER AND
GREENING DISEASE AND THEIR IMPACT ON INDIAN
RIVER COUNTY
Robert C. Adair
, Chairman of the Agriculture Advisory Committee, through a
PowerPoint presentation (copy on file) discussed the citrus canker and greening disease and their
impact in Indian River County. He discussed the effects of the disease, the legal regulations and
the impacts of the eradication measures. There are 47,539 acres of citrus land in Indian River
County, and 27 acres of which were diseased and had to be burned. Three percent (3%) of Indian
River County has so far been impacted, but that is likely to change. He discussed the following
possibilities for the Board to consider:
1. Tax based incentives to keep agriculture viable in light of all the benefits that
agriculture lands provide.
2. Seek other agencies that offer cost-share funding to help growers shift from
agriculture to alternative ideas.
December 13, 2005 2
th
Michael Ziegler
3375 12 Street, a 30-year Indian River County resident, has been
involved in citrus consulting. He displayed a map that indicated where the infected plants exist in
St. Lucie County or Indian River, and pointed out that the disease was not there a year ago. He
spoke of the limitations to marketing produce in quarantined zones, and he considers our County to
be in eminent peril. The Indian River Citrus League estimates our County will suffer an impact of
$500,000,000 in one year.
Mr. Ziegler
talked about the manner in which South America handles citrus canker.
They are permitted to harvest and market their citrus from impacted areas. We have a
proclamation that mandates if the disease is found, it will be eradicated. He feels we have the
opportunity to change the citrus eradication program. He recommended the Board hold a meeting
requesting the attendance of Charles Bronson, the Florida Commissioner of Agriculture, Dr.
Harold Browning, IFAS Director of Citrus Research and Education Center, Michael Hornyak,
USDA Director of Citrus Canker Eradication Program, along with St. Lucie County Board of
County Commissioners to make a decision on exactly how they want the County to proceed.
There was a brief discussion regarding the U.S. history of the eradication program.
Chairman Lowther agreed it was important to hold a workshop and agreed to
inviting Mr. Bronson.
Commissioner Bowden asked for a Resolution be drafted immediately to set the
meeting.
Commissioner Wheeler felt St. Lucie County Board of Commissioners should also
be invited and recommended the meeting be held in January.
Discussion ensued regarding the South American market of citrus canker infected
fruit, and Chairman Lowther mentioned inviting the USDA Director Michael Hornyak of the
Citrus Canker Eradication Program, to their meeting.
December 13, 2005 3
MOTION WAS MADE by Commissioner Bowden,
SECONDED by Commissioner Wheeler, to prepare a
Resolution 2005-215 immediately requesting a joint
meeting with Charles Bronson, the Florida Commissioner
of Agriculture, Dr. Harold Browning, IFAS Director of
Citrus Research and Education Center, Michael Hornyak,
USDA Director of Citrus Canker Eradication Program,
along with St. Lucie County Board of County
Commissioners to make a decision to change the current
citrus eradication program.
Renee Ramsey
, Waverly Place, commented that they voted for the $50 million
bond issue in 2004, to provide development rights of agriculture land that were under threat to save
the farmers from having to sell out to developers. She thought this would be the time to give the
grove owners a chance to get over the financial hump.
NO FURTHER ACTION TAKEN.
COPY OF LETTER AND RESOLUTION 2005-215 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
December 13, 2005 4
6. APPROVAL OF MINUTES – NOVEMBER 8, 2005
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of November 8, 2005. There were none.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Regular Meeting of November 8, 2005, as
written and distributed.
6.B. APPROVAL OF WATER RESOURCES WORKSHOP
MINUTES – NOVEMBER 9, 2005
The Chairman asked if there were any corrections or additions to the Minutes of the
Water Resources Workshop of November 9, 2005. There were none.
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the Minutes of the Water Resources Workshop of
November 9, 2005, as written and distributed.
7. CONSENT AGENDA
County Attorney William G. Collins asked that Item 7.G. and 7.H. be pulled for
discussion.
7.A. REPORTS
The following report has been received and is on file in the office of the Clerk to the
Board:
December 13, 2005 5
1. Ordinance No. 0-95-04 adopted by the City of Sebastian on August 24,
2005, relating to the annexation of Phase II of Cross Creek Subdivision.
7.B APPROVAL OF WARRANTS – NOVEMBER 18, 2005 TO
NOVEMBER 30, 2005
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
November 18, 2005 to November 30, 2005, as requested.
7.C. 2005 RE-ELECTION OF CITIZENS OVERSIGHT
COMMITTEE CHAIRMAN CHARLES SEARCY AND
VICE CHAIRMAN PETER ROBINSON
The Board noted the re-election for the record.
7.D. QUAIL CREEK PD – TRANSFER FROM REGENT
GROUP, LLC TO SLM INVESTMENTS, LLC –
PRELIMINARY PLAN APPROVALS – ASSIGNMENT OF
CONTRACT FOR CONSTRUCTION OF REQUIRED
IMPROVEMENTS AND SIDEWALK IMPROVEMENTS –
TRANSFER OF PERMIT
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
assignment and authorized the Chairman to execute the
December 13, 2005 6
County’s consent to assignment of Contract for
Construction of Required Improvements No.
PD-04-07-12-CFC, and assignment of Contract for
Construction of Required Sidewalk Improvements assignor
and assignee; the return of Regent Group, LLC’s security
conditioned upon the receipt of 1) letter of credit
validations, 2) properly executed and completed Notice of
Transfer and Assumption of Preliminary Plan Approvals
and Obligations, 3) properly executed and completed
Notice of Transfer and Assumption of Indian River County
Department of Utility Services Utility Construction Permit,
as recommended in the memorandum of December 7, 2005.
COPY OF ASSIGNMENT OF CONTRACTS ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
7.E. RESOLUTION 2005-209 - AIR MASTERS RADIO
CONTROL CLUB, INC. – NEW SUBLEASE AGREEMENT
– NORTH COUNTY REGIONAL PARK
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution 2005-209, approving the Sublease Agreement
with Air Masters Radio Control Club, Inc, a Florida
Non-profit Corporation, for the operation and maintenance
of a Radio Control Model Airplane Flying Facility on a
portion of the North County Regional Park.
December 13, 2005 7
SUBLEASE IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
7.F. AMERICAN ACQUISITION GROUP, INC. (AAG) RIGHT
OF WAY ACQUISITION SERVICES MASTER
AGREEMENT RENEWAL
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
authorization for the Chairman to execute the extension of
the Professional Services Agreement for Right-of-Way
Acquisition Services, as recommended in the memorandum
of December 6, 2005.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.G. RESOLUTION 2005-210 – OAK HOLLOW ESTATES SD–
CALL LETTER OF CREDIT – DILECO DEVELOPMENT,
LLC (DIROCCO CONSTRUCTION CO., INC.
County Attorney William G. Collins stated DiLeco Development, LLC has yet to
complete the remaining required improvements at Oak Hollow Estates. Since the irrevocable
letter of credit expires on January 5, 2005. This request is for authorization to call the letter of
credit. Staff is agreeable to offering an extension provided they have the letter of credit.
December 13, 2005 8
Fred DiRocco
, DiRocco Construction LLC, explained the lift station caused a delay
in construction, but the project is now 99% complete. They had been trying to get a letter of
extension for the past three months.
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
adopted Resolution 2005-210 declaring default by DiLeco
Development, LLC, in its obligation to complete required
improvements to Oak Hollow Estates, and authorizing staff
to make site draft against First National Bank and Trust
Company of the Treasure Coast Irrevocable Letter of Credit
No. 2004-20.
COPY OF AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.H. RESOLUTION 2005-211 - ANSLEY PARK PLANNED
DEVELOPMENT – SIDEWALKS – REQUEST TO CALL
LETTER OF CREDIT AND/OR EXTEND EXPIRATION
DATE TO COMPLETE REMAINING SIDEWALK
IMPROVEMENTS – SHOWCASE DESIGNER HOMES,
L.C. (SAN GEORGE CONTRACTING, INC. AND
SEACOAST DEVELOPMENT, INC.)
County Attorney Collins wanted to correct the date from the memorandum that
reads January 2 and backs it up to December 30 so they will have time to call the letter of credit.
December 13, 2005 9
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously adopted
Resolution 2005-211 declaring default by Showcase
Designer Homes, L.C. in its obligation to post alternate
security to guarantee completion of required improvements
to Ansley Park Planned Development, and authorizing staff
to make site draft against Bank of America irrevocable
standby Letter of Credit No. 3060849.
7.I. INTEREST RATE CHANGE ON ALL COUNTY
FINANCING – FROM 5.75% TO 7% (PETITION PAVING,
UTILITY ASSESSMENT PROJECTS, UTILITY IMPACT
FEES, ETC.)
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the fixed interest rate of 7.0% for the calendar year 2006 for
all County Financing with the exception of projects directly
affiliated with a bond issue for which the bond covenants
dictate a different interest rate, as recommended in the
memorandum of December 6, 2005.
AMENDMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.J. COUNTY EMPLOYEE VACATION ACCRUAL CAP
POLICY AND COMPENSATION CONSIDERATIONS
December 13, 2005 10
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the vacation accrual and carry-over policy, and approved
compensation of up to one week for vacation time that
st
exceeds the new cap and would be lost on December 31;
and approved bonus compensation of up to $1,500 for
actual time worked as a result of Hurricane Wilma by
exempt employees earning less than $40,000 annually, as
recommended in the memorandum of December 7, 2005.
7.K. SECOND AMENDMENT TO THE MEMORANDUM OF
UNDERSTANDING (MOU)– ST. JOHN’S RIVER WATER
MANAGEMENT DISTRICT (SJRWMD)– SEDIMENT,
FLOW REDUCTION AND OTHER WATER QUALITY
IMPROVEMENTS WITHIN THE INDIAN RIVER FARMS
WATER CONTROL
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the Second Amendment to the Memorandum of
Understanding Between SJRWMD and Indian River
County, and authorized the Chairman to execute same, as
recommended in the memorandum of December 7, 2005.
December 13, 2005 11
7.L. RESOLUTION 2005-212 – RELEASE OF EASEMENT AT
2002 SEA PALM COURT, LOT 46, OCEANRIDGE SD –
APEX-ZONS, INC.
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution 2005-212, releasing a conservation easement on
all of Lot 46, Oceanridge Subdivision.
7.M. RESOLUTION 2005-213 – PARTIAL RELEASE OF
EASEMENT (15 FEET) AT 5539 HIGH HAWK CIRCLE
(LOT 22, HIGH HAWK OF VERO BEACH PHASE 1
SUBDIVISION) – HHVB HOME BUILDERS, LLC
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution 2005-213, releasing a portion of an easement on
Lot 22, High Hawk of Vero Beach, Phase 1, Subdivision.
7.N. RESOLUTION 2005-214 - STAFF REQUEST TO PROCEED
WITH DEMOLITION AND REMOVAL OF A
TH
CONDEMNED STRUCTURE AT 12746 80 AVENUE
(OWNER: ELLIS & WANDA ROBERTS)
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
December 13, 2005 12
Resolution 2005-214, providing for the demolition of an
th
unsafe structure at 12746 80 Avenue (Lot 2, Gervais
Subdivision) and providing for recovery of costs.
7.O. FINAL INVOICE AND FINAL RELEASE OF RETAINAGE
FOR HYDROMENTIA INC.’S WORK ORDER NO. 2 FOR
ADDITIONAL ENGINEERING SERVICES RELATED TO
EGRET MARCH REGIONAL STORMWATER PARK
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
authorizing payment of Hydromentia’s final Invoice No.
IRC-2005-9 (including release of retainage) in the amount
of $1,295.00, as recommended in the memorandum of
December 2, 2005.
(Clerk’s Note: The Chairman called for a recess at 9:57 a.m. and he reconvened the
meeting at 10:06 a.m. with all members present.)
9.A.1. PUBLIC HEARING – COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) DISASTER RECOVERY INITIATIVE
GRANT AMENDMENT– MILITARY CONSTRUCTION
APPROPRIATIONS, AND EMERGENCY HURRICANE
SUPPLEMENTAL APPROPRIATIONS ACT, PUBLIC LAW
108-324 - FRED FOX ENTERPRISES, INC.(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
December 13, 2005 13
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating asked the Board to approve
reallocating CDBG funds to expedite projects and more efficiently use CDBG funds and staff
time. He proposed eliminating two of the projects originally to be funded: reducing the
Administration line item because the consultant is doing more work for less money, and reducing
the Engineering line item because the County is doing the work in-house. They were able to
eliminate two other projects: Fire Station 3 and Fire Station 10 by financing the reconstruction
projects through other non-CDBG sources, and re-distribute the allocated fund to Fire Station 4.
Staff recommended the Board open a public hearing
The Chairman opened the public hearing. seeing there were no speakers he closed
the public hearing.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
proposed amendments as presented for the Disaster
Recovery Initiative Community Development Block Grant,
as recommended in the memorandum of December 6, 2005.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9.A.2. PUBLIC HEARING – ORDINANCE 2005-049 - AMENDMENT
TO TITLE X OF THE CODE OF INDIAN RIVER COUNTY
IMPACT FEE ORDINANCE
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Attorney William G. Collins, II, said after receiving complaints from home
buyers and home builders that the increase in fees was unfair to people that signed a contract to
December 13, 2005 14
build a home, but had not yet reached the stage of applying for a building permit. At the direction
to the Board, staff and local builders met to discuss this issue and proposed the following
ordinance changes: 1) eliminate the need for a contract impairment as a condition for waiving the
impact fees, and 2) the time for submission of the completed impact fee waiver application would
be moved up to September 30,2005, instead of July 1, 2006. Staff and the Planning and Zoning
Commission recommend extending the deadline to apply for the impact fee exemption to January
1, 2006, and recommend that all recipients of the impact fee exemption must file complete
applications for building permits before June 30, 2006.
The Chairman opened the public hearing, seeing there were no speakers he closed
the public hearing.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously adopted
Ordinance 2005-049, amending Indian River County
Ordinance 2005-015 “Title X, Impact Fees”; providing for
removing the necessity of impairment to existing contracts
before impact fees can be waived: providing for setting
December 30, 2005, as the date to submit contracts for
consideration; providing for all recipients of impact fee
exemptions to file completed applications for building
permits by June 30, 2006; providing for codification;
providing for severability; and providing for an effective
date.
December 13, 2005 15
9.A.3. PUBLIC HEARING – ROSELAND UNITED METHODIST
CHURCH’S REQUEST FOR SPECIAL EXCEPTION USE
APPROVAL TO USE A PORTION OF ITS EXISTING
FACILITY AS A PRESCHOOL/DAYCARE – JOHN H. DEAN
ARCHITECT & ASSOCIATES, INC. (QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Planning Director Stan Boling displayed a map showing the location of the
Roseland United Methodist Church and the current location of the preschool and daycare center, as
well as the proposed playground area (page 168 of the backup). Since the site is zoned RS-3,
special exception use approval must be granted for the preschool and daycare use. Most of the
th
code compliance involves the properties along 129 Court. The Planning and Zoning Commission
(by a vote of 4-2) and staff, recommended the Board approve a special type “C” buffering
requirement to screen the playground area from view along Berry Avenue, and he showed
photographs of the current view from Berry Avenue looking in the direction of the Church
property.
The Chairman opened the public hearing.
John Dean
, Architect & Associates, Inc., introduced Cary Eisner, a church member
Mr. Dean
and other church members, and Attorney Bruce Barkett. agreed that the buffer along
Berry Avenue would benefit the residents on Berry Avenue, but felt the buffer extension of 60 feet
was unreasonable.
Sy Carlson
, Bay Street. Roseland, asked that this item be tabled until a master plan
is presented by the church, and until they learn what the church intends to do about the operation of
four businesses on their property that they do not have a current permit.
Fred Mensing, a
Roseland resident, encouraged the Board to approve the request
without causing any additional expense to the church.
December 13, 2005 16
(Clerk’s Note: The Chairman asked the Clerk to swear under oath the speakers.)
Patricia Heading
, a property owner west of the church property, wanted this item
tabled until they had some clarification regarding the daycare license and the number of students
permitted at the school. It was her understanding that the church license had expired and she.
Linda Greenstine
, Director of the Roseland Preschool addressed the questions
concerning their license and the number of students.
Russell Herman
, 586 Redland Court, Sebastian, former elementary teacher for 33
years, said children who attend preschool have a great possibility of reaching their full potential.
Amel Schwartz,
Chairman of the Church’s Administrative Council, asked the
Board to approve the request.
Jackie James
, a 13 year Roseland resident, said preschools should be in an area
properly zoned for commercial businesses.
Larry Waltz,
a Roseland resident, spoke in favor of the request.
Marilyn Waldis,
Treasurer of the Church, said nothing they do at the church is
commercial business. The County gave them permission when they started the preschool.
Don Perrin,
said the church has been a better part of the community, helping those
in need and at no cost to the County.
nd
Tammy Martin
, 1289 82 Avenue, spoke in favor of approving the church request.
Jack Randall
, a Barefoot Bay resident, sees the church as a service organization.
Jean Thompson
, a Roseland resident, spoke in favor of the request.
Attorney Bruce Barkett, 156 Beachland Blvd.
urged the Board to approve this
item.
There were no additional speakers and the Chairman closed the public hearing.
December 13, 2005 17
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis, to approve the
Special Exception Use to use a portion of the Roseland
United Methodist Church’s existing facility as a
Preschool/Daycare.
Discussion continued regarding the preschool hours and teacher certification.
Commissioners Neuberger and Bowden wanted to table this item for more
information.
The Chairman CALLED THE QUESTION, and the motion
passed, by a 3-2 vote, Commissioners Bowden and
Neuberger opposed. The Board approved, under the
provisions of Chapter 971, to review the special exception
applied for, granted the special exception will not adversely
affect the public interest; finding that the application
satisfies the general and specific criteria required for
special exception approval; and, the conditions are
adequate to ensure compatibility between the special
exception use and surrounding land uses; approved the
special exception use request for the proposed expansion
with the following conditions: (1) prior to issuance of a
certificate of occupancy for the preschool/daycare use, the
applicant shall construct the depicted playground
improvements and native Type “C” buffer with a 6’ tall,
at-planting, vegetative, opaque feature along the
playground area’s Berry Avenue frontage, (2) The buffer
December 13, 2005 18
shall be extended 25’ around the northwest and southwest
corners of the proposed playground area, as recommended
in the memorandum of December 7, 2005.
(Clerk’s Note: The Chairman called for a brief recess at 11:33 a.m. and he
reconvened the meeting at 11:43 a.m., with all members present.)
9.A.4. PUBLIC HEARING – ORDINANCE 2005-050 - BRACKETT
FAMILY LTD. PARTNERSHIP’S REQUEST TO REZONE ±30
TH
ACRES FROM A-1 TO RM-6 (RZON 2005030356-46799) – 12
ND
STREET AND 82 AVENUE) - QUASI-JUDICIAL)
Community Development Director Bob Keating through a PowerPoint presentation
(copy on file) reviewed his memorandum. Previously this rezoning was tabled because too many
members were absent at the P&Z meeting. There were some factoring mechanisms changed while
it was tabled, and this application did meet concurrency after those changes. Staff recommended
approval of the rezoning.
(Clerk’s Note: The Chairman asked the Clerk to swear in the parties intending to
speak.)
Discussion ensured by the Commissioners regarding the existing zoning
surrounding the site.
Bruce Barkett,
Attorney156 Beachland Blvd., said the adjacent properties
occupied are all zoned RM-6. He requested the Board endorse staff’s recommendation.
Bob Johnson
, Coral Wind subdivision, inquired if there is sufficient water at the
Osmosis Plant to accommodate the future development.
December 13, 2005 19
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board unanimously adopted
Ordinance 2005-050, amending the zoning ordinance and
the accompanying zoning map for ±30 acres located south
thth
of 12 Street and approximately 2100 feet east of 90
Avenue, from A-1, Agricultural District (up to 1 unit/5
acres) to RM-6, multiple family residential district (up to 6
units/acre); and providing codification.
9.B.1. REQUEST BY FOREST SMITH TO DISCUSS COMCAST’S
SERVICE TO VIEWERS – DISCONTINUING CHANNEL 29
Forest Smith
was opposed to Channel 29 being discontinued from Comcast cable
network and he asked the Board to write a letter asking Comcast to be responsive to their
customers regarding changing channels. He presented written complaints from several people
opposed to the discontinuance of Channel 29. (copies on file).
Commissioner Neuberger asked for legal advice as to what authority the Board has
in addressing the people’s concern.
Attorney Collins advised the Board they cannot tell Comcast what channels to
broadcast according to Section 303 of the Preemption of Franchising Authority Regulation of
Telecommunications Services.
John Williams,
1535 Smugglers Cove, supported Mr. Smith in his request.
Commissioner Neuberger said he would be happy to satisfy that request with a
letter.
Joanne Kinsley
, Vice President of Comcast of the Treasure Coast, addressed the
reasoning behind dropping Channel 29. She relayed the FCC requirements, the cost factor
involved, duplicate programming, and their need to consider all consumers.
December 13, 2005 20
Discussion ensued regarding which channels duplicated programs of Channel 29.
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
approved to write a letter requesting Comcast to consider
the viewers befeore changes are made to PBS Channels.
10.A. EMERGENCY LEGISLATIVE BILL EXTENDING THE
DISCOUNT PERIOD TO PAY AD VALOREM TAXES
Administrator Joseph Baird said the Legislature approved Emergency Legislative
Bill 15.B for Counties declared a major disaster area. Under the Bill the Board can adopt an
Ordinance extending the discount period for taxpayers to pay their ad valorem taxes. This Bill
extends the 4% discount period if taxpayers pay ad valorem taxes by January 31, 2006, and
extends the 3% discount if taxpayers pay by February 28, 2006. Administrator Baird felt this Bill
has real problems as far as practical implementation. Financial implications are estimated to be
$1.3 million less to government agencies due to the discount. He felt the Legislature should give
the Counties time to implement appropriate software to accommodate the changes and before the
tax collector sets the millage, and, therefore, recommended the Board not take action on this Bill.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously approved
not to extend the discount period on 2005 ad valorem taxes
as proposed in Emergency Legislative Bill 15-B.
December 13, 2005 21
11.I.1. EGRET MARCH REGIONAL STORMWATER PARK – G. K.
ENVIRONMENTAL, INC. (GKE) - WORK ORDER NO. 1 –
UPLAND AND WETLAND CREATION SERVICES
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
approved G. K. Environmental, Inc.’s Work Order No. 1
and authorized the Chairman to execute it on behalf of the
County, as recommended in the memorandum of December
5, 2005.
WORK ORDER NO. 1 IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
11.I.2. WATERWAY VILLAGE DEVELOPER’S AGREEMENT –
DEVELOPER CONTRIBUTIONS TO ROADWAY
RD
IMPROVEMENTS ALONG 53 STREET AND NEARBY
INTERSECTIONS – DIVOSTA HOMES, L.P.
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the Developer’s Agreement with DiVosta Homes, L.P. for
Waterway Village, as recommended in the memorandum of
December 5, 2005. (Alternative No. 1)
DEVELOPER’S AGREEMENT IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
December 13, 2005 22
11.I.3. BEACH RESTORATION PROJECTS – CONTINUING
CONTRACT AGREEMENT – PROFESSIONAL
ENGINEERING SERVICES DESIGN AND PERMITTING –
COASTAL TECHNOLOGY CORPORATION, TAYLOR
ENGINEERING, INC., AND APPLIED TECHNOLOGY &
MANAGEMENT
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board authorized the
Chairman to execute both copies of the professional service
agreements from Coastal Technology Corporation, Taylor
Engineering, Inc., and Applied Technology &
Management, as recommended in the memorandum of
November 17, 2005.
AGREEMENTS ARE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
THRD
11.I.4. RIGHT OF WAY ACQUISITION – 3375 66 AVENUE – 33
TH
STREET BRIDGE REPLACEMENT AT 66 AVENUE AND
TH
FUTURE 66 AVENUE ROADWAY WIDENING – FRED H.
PETERSON AND EDWARD P. PETERSON
Chairman Lowther commented that the recommendation is that they pay $95,000
per acre outside of the Urban Service Area and he does not want to be compared to actions taken
by the school board. He does feel the school board set a precedent. The market value is less than
December 13, 2005 23
$95,000 outside of the Urban Service Area and he feels more comfortable paying the fair market
value.
MOTION WAS MADE by Commissioner Bowden,
SECONDED by Chairman Lowther, to approve Option 3,
not approving the transaction, instructing County staff to
further negotiate with the Sellers, and pursue acquisition
through eminent domain, if necessary, thereby allowing the
project to eventually be constructed. This option could
result in delays of the project in addition to eminent domain
costs.
Discussion ensued regarding concern of setting a precedence.
Commissioner Davis favored approving Option 1 for safety reasons, and he felt
strongly about re-constructing the bridges and paving the roads.
Attorney Collins advised the Board that in the long run they would break even. If
you want to build roads, he said, there are costs for appraisals, testimony fees, and attorney fees,
etc., and it is typical to add 35% to the purchase price of the land.
Director Jim Davis pointed out the school board sale was an acquisition of a whole
piece of property. In this case you have a partial take that is more complicated.
Commissioner Davis remained firm to move forward and approve Option 1.
Chairman Lowther RESCINDEDHIS SECOND MOTION
ON MOTION by Commissioner Davis, SECONDED BY
Commissioner Neuberger, by a 4-1 vote, Commissioner
Bowden opposed, the Board approved the transaction and
rd
leaseback, allowing the 33 Street bridge replacement and
December 13, 2005 24
road widening plans to commence. This option will avoid
potential eminent domain costs.
AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
(Clerk’s Note: The Chairman called a recess at 12:47 p.m. and he reconvened the
meeting at 12:57 p.m. with all members present.)
11.I.5. NORTH COUNTY REGIONAL PARK, PHASE II – CHANGE
ORDER NO. 3 – IRC PROJECT NO. 0399 – BARTH
CONSTRUCTION
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved
Change Order No. 3 to the contract with Barth
Construction, Inc. for an increase to the contract of
$14,125.66 and directed the Chairman to execute same, as
recommended in the memorandum of December 7, 2005.
CHANGE ORDER NO. 3 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.J.I. BID #7085 – COUNTYWIDE WATER METER, BOX & LID
ADJUSTMENT/UTILITIES DEPARTMENT
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously rejected the
December 13, 2005 25
sole bidder and authorized the Utilities Department to
revise the specifications and re-bid this item, as
recommended in the memorandum of November 30, 2005.
11.J.2. FLORIDA WATER/WASTEWATER AGENCY RESOURCE
NETWORK (FLAWARN)
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Chairman to sign the agreement and authorized the utility
to become a participating member in FlaWARN so that we
may benefit from such an agreement, should the need arise,
as recommended in the memorandum of November 29,
2005.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.J.3. UTILITIES OPERATIONS COMPLEX – CHANGE ORDER
NO. 4 – INSTALLATION OF AN EMERGENCY ELECTRICAL
POWER GENERATOR – PROJECT NO. UCP 2229 – BID NO.
7026 – SUMMIT CONSTRUCTION MANAGEMENT, INC.
(SCM) -
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Change Order No. 4 increasing the contract in the amount
December 13, 2005 26
of $199,755.00, and authorized the Chairman to execute
same, as recommended in the memorandum of December
2, 2005.
CHANGE ORDER NO. 4 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.J.4. UTILITIES OPERATIONS COMPLEX – AMENDMENT NO. 4
TO WORK ORDER NO. 1 – ADDITIONAL CONSTRUCTION
SERVICES – BROWN & CALDWELL, INC. (B&C)
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Neuberger, the Board unanimously
approved Addendum No. 4 to Work Order No. 1 with B&C
in the amount of $16,030.00, allowing utilization of the
remaining portion of Amendment No. 2 to Work Order No.
1 in the amount of $6,600.00 to provide additional project
management for the Utilities Operation Complex and
authorize the Chairman to execute the same, as
recommended in the memorandum of December 2, 2005.
WORK ORDER NO. 1 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.J.5. AUTHORIZATION TO AWARD ENGINEERING STUDY TO
CAROLLO ENGINEERS, P.C. – WATER QUALITY AND
December 13, 2005 27
CORROSION EFFECTS IN THE DRINKING WATER SYSTEM
– UCP 2715
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Department of Utility Services to award proposal with
Carollo Engineers, P.C. in the amount of $12,000.00 for
completion of a water quality and corrosion study, as
recommended in the memorandum of December 2, 2005.
(Clerk’s Note: The Chairman called for a recess at 12:47 p.m. and he reconvened
the meeting at 12:57 p.m. with all members present.)
12.A. COUNTY ATTORNEY – APPEAL OF ANTILLES
CONCURRENCY APPLICATION; REQUEST FOR
CLARIFICATION
Attorney Will Collins informed the Board the Community Development
Department rejected the Antilles Concurrency Application because it was not accompanied by an
application for a building permit as was decided by the Board motion, Item 13.D.1, October 4,
2005. Since the Planning Commission cannot overturn a directive from the Board this item is
brought before them. Attorney Bruce Barkett filed an appeal of that decision on behalf of the
developer, his client, Cary Glickstein. Staff and Attorney Barkett believe this issue is countywide
and not site specific.
Attorney Bruce Barkett, 156 Beachland Blvd.
raised several arguments why they
should be given relief. He discussed seven (7) issues (see page 370 of the backup) concerning his
appeal. He argued the County acted in noncompliance with Chapter 125, Florida Statutes, by not
providing public notice and not holding a public hearing to amend an ordinance as motioned by the
December 13, 2005 28
Board on October 4, 2005. He opined that the County lawfully did not adopt a “pending ordinance
doctrine” and failed to comply with current lawfully adopted ordinances at the time the Antilles
application was submitted. Further, a pending ordinance in Florida has been applied to decisions
regarding zoning of property and this application is regarding vesting concurrency. He said his
client’s intent is not to tie up concurrency for several years which has been a concern to the Board.
He already has an approved recorded final plat and currently the project is under construction.
MOTION WAS MADE by Commissioner Neuberger,
SECONDED by Chairman Lowther for discussion, to
approve the Antilles Subdivision exemption from the
pending ordinance invoked by the Board and to approve
sending this item back to the Professional Advisory
Committee for further review.
Chairman Lowther commented that this issue came up at the end of the October 4,
2005 meeting. He suggested bringing forward to the beginning of the meeting under Item 4
Commissioners’ items. He acknowledged that the Board acted inappropriately by taking action on
October 4, 2005 without holding a public hearing.
There was a lengthy discussion regarding the percentage of completed underground
work, completed roads and curbs on the Antilles Subdivision project.
Joseph Paladin,
Atlantic Coast Construction, handed out three (3) sets of photos of
development at Parkland Estates, Paladin Place II, and Antilles (copy on file) to present the best
scenario to complete developments. He stated, the intent of the Board, on October 4, 2005, was to
keep people from drawing concurrency far in advance of building, and to give the longest length of
time for people who actually needed the building permits the best chance possible to pull a permit
to build their home. He did not want the Board to reverse the pending ordinance because it is
December 13, 2005 29
effective in allowing the availability of concurrency and the ability to pull a building permit by
anyone.
Commissioner Davis posed several questions to staff regarding the number of
,
non-vested capacity on US Hwy 1. Traffic Engineer Chris Mora responded 11 trips are speculated
to be left available. Antilles would need more than 11 trips in order to vest.
Attorney Barkett
tried to bring the discussion back to the issue before them.
Chairman Lowther read the motion and comments of Attorney Collins from the
minutes of the October 4, 2005 meeting, Item 13.D.1.
Discussion ensued and the Commissioners argued their reasons that lead them to
invoke the “pending ordinance.” Commissioner Davis agreed with Mr. Barkett that proposing
ordinance changes through a “pending ordinance” is not always prudent. He felt if they had not
invoked the pending ordinance on that day, people would have been hurt by not being able to pull
a building permit.
Joseph Paladin
reiterated the pending ordinance is the safest way to make sure that
everybody has a fair chance of vesting until the Board finds a solution. He did not see anything
preventing Attorney Barkett’s client from obtaining the building permits he needed, but he
seriously doubted that the subdivision would be completed in a year.
Attorney Barkett
At the request of Commissioner Neuberger, responded to Mr.
Paladin’s comments, agreeing he can apply for 80 building permits of sold lots; not for the unsold
lots. He felt it was advantageous to vest now because of the possibility that concurrency may not
be available next year.
Commissioner Neuberger stated that if he buys out all of concurrency then he is
preventing someone else from getting a building permit and that is a major concern to the Board.
December 13, 2005 30
Administrator Baird agreed, but understands Attorney Barkett is requesting the
Board to make an exception only for his client.
Spencer Simons,
Simons Homes, spoke in favor of the “pending ordinance
doctrine”, and felt the Board needs to look at road safety issues. He did not feel it was right that
whoever had the most money wins.
th
Andy Bindorf,
65 13 Place, President of Indian River National Bank, said his
Bank is paying on property that they purchased four months ago, and then found a very large
rd
developer absorbed all concurrency preventing them from building off of 43 Avenue. He felt the
Board needed to look at all aspects, but he was confident they would come up with a solution.
Commissioner Bowden was opposed to approving his request.
Attorney Ernie Cox,
777 S. Flagler Drive, W. Palm Beach, said the action taken on
October 4, 2005 has a legal problem because there was no notice or opportunity to be heard. He
does not believe the pending ordinance enactment is valid. He informed the Board there is a
process for invoking a pending ordinance or moratorium, and they need to follow it and evaluate
the issues. He asked the Board not to proceed under the pending ordinance. If they need to adopt
something he preferred being able to work with the Board and staff to see if they can come up with
a long-term solution.
Discussion ensued regarding due process. Attorney Collins admitted the process
was wrong and it would have been better if this item came through staff. The pending ordinance
was specifically clear that you would not allow people to vest concurrency and tie up road capacity
until the time of pulling a building permit. He stated that Mr. Cox’s clients are now aware of this
pending doctrine and any future expenditure might not arise at an estoppel. If the Board decides
not to grant relief, then Attorney Barkett can make a record and take them to court.
Commissioner Neuberger and Chairman Lowther rescinded their motion.
Attorney Collins advised the Board not to rescind the pending ordinance, but to
move forward through the process.
December 13, 2005 31
Commissioner Davis apologized for bringing the issue up under Commissioner
matters, but he wanted to leave the pending ordinance in place.
Attorney Ernie Cox
stated despite the desired end result at the meeting on October
th,
4 legal rights have been affected. An ordinance has been adopted incorrectly. He advised the
Board that he was prepared today to buy concurrency. He was committed regardless of what legal
steps he has to take, and they will work with the Board while they pursue other means.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, the Board unanimously authorized
Attorney Collins to hire a Land Use Attorney to work with
him and his legal staff until they find a solution.
Discussion continued regarding whether the action taken by the Board on October 4,
2005 was legal. Attorney Collins stated they properly adopted a pending ordinance under case law
and explained that Attorney Barkett was referring to the steps under the County’s land ordinance.
(Clerk’s Note: The Chairman called a recess at 2:42 p.m. and he reconvened the
meeting at 2:50 p.m. with all members present.)
Commissioner Wheeler felt the Board is in a bind and they are lessening their
position if they take an exception today.
Commissioner Davis felt it was not the pending ordinance that has them in a bind
but the traffic and concurrency issues.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, by a 4-1 vote, Commissioner
Neuberger opposed, the Board approved to deny Mr.
Brackett’s appeal.
December 13, 2005 32
12.B. APPEAL FROM DENIAL OF REQUEST FOR NEW IMPACT
FEE INCREASE EXEMPTION – KMP PROPERTIES AND
KELLY CONSTRUCTION AND DEVELOPMENT AFFIDAVIT
NOS. 554-566, RENEE DEARLOVE AND KELLY
CONSTRUCTION AND DEVELOPMENT AFFIDAVIT NOS.
572-576
Attorney Collins stated these two applications were for exemption from the impact
fees and denied by Attorney DeBraal based on the small deposit, date discrepancies, and the price
being subject to change at will. In staff’s opinion, these contracts are illusory and were entered into
between the parties simply to avoid the impact fee increase ordinance and are therefore not valid.
The second set of applications 572-576 were similar contracts, based on small deposit, date
discrepancy, and the lack of property ownership.
Fred KretchmerJr. Esq,
, Brennan & Kretschmer representing KMP Properties
and Kelly Construction and Development, explained the reason for the small deposit, the date
discrepancy, and the notes. He withdrew the appeal on the five contracts on Renee Dearlove, and
requested exemption only on the thirteen lots that are ready to be built now. He said Kelly
Construction agreed to build thirteen homes for a fixed sum of $95,000 and if the building permit
increases go into effect it will wipe out any profit and create a hardship for them.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Neuberger for discussion, to approve the
appeal from denial for the request of new impact fees for
KMP Properties and Kelly Construction affidavit Nos.
572-576.
Discussion ensued and Commissioner Neuberger said he would vote in favor of this
request and overlook the issues regarding the contracts.
December 13, 2005 33
Chad Kelly,
President of Kelly Construction, said KMP could sell the homes for
whatever the market will hold. The first five they built for $85,000. These thirteen lots will
probably sell for $158,000 on up. The $100 was just a consideration limit.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Neuberger, by a 4-1 vote, Commissioner
Bowden opposed; the Board approved the appeal of Kelly
Construction and Development and granted the exemption
from the impact fee increase, as recommended in the
memorandum of December 5, 2005.
12.C. LEWIS BARTON – 2025 SURFSIDE TERRACE – STATUS
REPORT – DEMOLITION (CONTINUATION OF DECEMBER
6, 2005 MEETING
Attorney Collins gave an update on the Barton Property stating that Mr. Barton
reported to the local newspaper that he would have the house completed in 60 days. Attorney
Colllins was unsure if that was still the case, however, he has until February 5, 2005. Mr. Barton
called telling him that the trailer has been moved out by the road, and he expected it to be hauled
away today. Staff discussed the removal of the second floor washer/dryer units; opening up an
interior wall between two great rooms, and putting interior stairs between the second and third
floors, rather than having exterior stairs. When the plans are revised the County will determine if
all setbacks are met and notify the Department of Environmental Protection. Mr. Barton was not
happy with the removal of the exterior stairs, but, he said his engineer thought it would
compromise the structural integrity of the building, then he agreed. Before issuing the building
permit Mr. Barton will have to have any necessary Department of Environmental Protection
permits and signoffs.
December 13, 2005 34
Commissioner Wheeler asked to be updated at the next meeting.
NO ACTION TAKEN OR REQUIRED.
13.B. VICE CHAIRMAN – ARTHUR NEUBERGER –
ENVIRONMENTAL LAND ACQUISITION PROJECTS AND
MANAGEMENT STATUS REPORT FOR ENVIRONMENTAL
LANDS PROGRAM
Commissioner Neuberger explained the reports included in the backup to keep the
Board aware of what the status is in the Environmental Lands Program and Acquisition Projects.
NO ACTION TAKEN OR REQUIRED.
ADDITIONAL DOCUMENTS – SOUTH PRONG SLOUGH LAAC SITE
-RYALL TRACT - ASSIGNMENT OF OPTION TO PURCHASE
– AFFIDAVIT – LEASE
OPTION AGREEMENT FOR SALE AND PURCHASE, ADDENDUM; BENEFICIAL INTEREST AND
DISCLOSURE AFFIDAVIT; RESIDENTIAL LEASE IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
14.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Regular
Meeting, 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.
December 13, 2005 35
14.B.1. BID AWARD #7087 - PURCHASE OF FOUR (4) OPEN
TOP STEEL WALKING FLOOR TRANSFER TRAILERS
FOR SWDD, UTILITIES DEPARTMENT/SOLID WASTE
DISPOSAL DISTRICT – SPECTOR MANUFACTURING,
INC.
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 3:34 p.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman
Minutes Approved: _________________
BCC/MIS/2005Minutes
December 13, 2005 36