HomeMy WebLinkAbout12/14/2004INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS OF
DECEMBER 14, 2004
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS 2
5. PRESENTATION BY THE VERO BEACH HIGH SCHOOL
CHORUS 2
6. APPROVAL OF MINUTES 2
7. CONSENT AGENDA 3
7.A. APPROVAL OF CLERK'S PUBLIC OFFICIAL BOND AND AUTHORIZATION FOR
PAYMENT OF INVOICE 3
7.B APPROVAL OF WARRANTS -NOVEMBER 30 — DECEMBER 2, 2004 3
7.C. APPOINTMENT TO THE BEACH AND SHORE PRESERVATION ADVISORY
COMMITTEE - JOHN T. BERRIGANREPLACING GEORGE BUNNELL 3
December 14, 2004 1
7.D. COMMISSIONER WHEELER'S APPOINTMENT TO THE PLANNING AND ZONING
COMMISSION (P&Z) —A. CRAIG FLETCHER, DISTRICT 3, REPLACING ROBERT
SWIFT 4
7.E. APPOINTMENT OF NON-VOTING SCHOOL BOARD LIAISON-ANNREUTER WITH
DR. ALLEN CRAIG MCGARVEYAS HER ALTERNATE, REPLACING STEVEN
MOHLER 4
7.F. APPOINTMENTS TO THE METROPOLITAN PLANNING ORGANIZATION (MPO) -
BY THE CITY OF VEROBEACH - SABINABELL AND MARY BETH MCDONALD 4
7.G. REAPPOINTMENT OF DR. CRAIG MCGARVEY TO THE METROPOLITAN
PLANNING ORGANIZATION (MPO) BY THE SCHOOL DISTRICT OF INDIAN RIVER
COUNTY 5
7.H. APPOINTMENT OF WILLIAM HUGHES TO THE COUNCIL OF PUBLIC OFFICIALS
(COPO) WITHLENORA QUIMBYASALTERNATE BY THE SCHOOL DISTRICT OF
INDIAN RIVER COUNTY (REPLACES DR. CRAIG MCGARVEY) 5
7i APPOINTMENT OF KATHRYN A. WILSON TO THE ECONOMIC DEVELOPMENT
COUNCIL (EDC), BY THE SCHOOL DISTRICT OF INDIAN RIVER COUNTY
(REPLACING STEVEN MOHLER) 5
7.J. OUT -OF -COUNTY TRAVEL FOR COMMISSIONERS AND STAFF TO ATTEND THE
NATIONAL ASSOCIATION OF COUNTIES (NACO) LEGISLATIVE CONFERENCE 5
7.K. FY2003-2004 RECORDS DISPOSITION COMPLIANCE STATEMENT AND
RECORDS MANAGEMENT LIAISON OFFICER FORM FY 2003-2004 6
7.L. RESOLUTION 2004-149 -MOBILE HOME WIND STANDARDS - WIND ZONE III
CERTIFIED (110 MPH -DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT(HUD) DIVISION OF MOTOR VEHICLES (FEDERAL
MANUFACTURED HOUSING IMPROVEMENT ACT) 7
7.M. INDIAN RIVER FARMS WATER CONTROL DISTRICT FIVE-YEAR PERMIT AND
INTERLOCAL AGREEMENTS -IRC-1, 2, 3, 4, 5, 6, 7, 8, 9 7
7.N. BELLSOUTH TELECOMMUNICATIONS, INC. REQUEST FOR AN EASEMENT -
WEST RIGHT-OF-WAY LINE OF 43RD AVENUE, AND THE NORTH
RIGHT-OF-WAY LINE OF SOUTH GIFFORD ROAD AKA 415T STREET (UTILITY
SERVICES) 8
December 14, 2004 2
7.0. EXTENSION OF ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (SJR WMD)
ALTERNATIVE WATER SUPPLY COST SHARE AGREEMENT -INTEGRATED
WATER RESOURCES PROGRAM- FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (FDEP) (UTILITIES SERVICES)(CHANGE ORDER 1) 8
7.P. INTEREST RATE CHANGE ON ALL COUNTY FINANCING TO 5.75% (PETITION
PAVING, UTILITY ASSESSMENT PROJECTS, UTILITY IMPACT FEE, ETC.) 9
7.Q. RESOLUTION 2004-150 —ACCEPTANCE OF UTILITY EASEMENTS INHAEGER
HIGHLANDS SUBDIVISION -10THAVENUE SOUTH OF 4TH STREET (PETITION
WATER SERVICE - PROJECT UCP-2468) 10
7.R. ORCA SOUTHLINK- COST-SHARING REIMBURSEMENT - FLORIDA
COMMUNITIES TRUST (FCT) CLOSING DOCUMENTS - ENVIRONMENTAL LAND
ACQUISITION (FCT PROJECT #03-084-FF3) 10
7.S. ACQUISITION OF"ANSINTRACT - ST, SEBASTIAN RIVER BUFFER" LAAC SITE
- FLORIDA COMMUNITIES TRUST (FCT) GRANT CONTRACT - COST-SHARE
FUNDING - 11
7.T. BEACH RESTORATION EMERGENCY RESPONSE -APPLIED TECHNOLOGY AND
MANAGEMENT (ATM) AMENDMENT NO. 11 TO PROFESSIONAL SERVICES
AGREEMENT (SUBSEQUENT TO HURRICANE FRANCES AND JEANNE) 11
7. U. BID AWARD NO. 7000 -ANNUAL BID FOR TRAFFIC SIGNAL EQUIPMENT -
TRAFFIC ENGINEERING DIVISION/PUBLIC WORKS DEPARTMENT -MULTICOM
INC. - TRAFFIC PARTS INC. 12
7.V. SHERIFF'S ADMINISTRATION BUILDING ROOF REPLACEMENT -PROPOSALS
AND AWARD- SUN SKY ROOFING/ATLANTIC ROOFING OF VERO BEACH, INC.
(HURRICANE FRANCES) 12
7.W. INDIAN RIVER COUNTY SHOOTING RANGE - REPAIR TO RIFLE RANGE -
SUMMIT CONSTRUCTION MANAGEMENT, INC. (HURRICANE JEANNE) 13
7.X EGRET MARSHREGIONAL STORMWATER PARK- COMMUNITY BUDGET - EAST
INDIAN RIVER COUNTY MASTER STORMWATER MANAGEMENT PLAN (MASTER
PLAN) - FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) 14
December 14, 2004 3
9.A.1. PUBLIC HEARING - ORDINANCE 2004-042 - REZONING OF
3.18 ACRES FROM RS -3 TO CN (RZON 2003090035-43091) -
ECHO LAKES PD - SOUTH COUNTY INITIATIVE - VERO
ENTERPRISES LLC (SUNLAND DEVELOPMENT, INC.)
(QUASI-JUDICIAL) 14
9.A.2. PUBLIC HEARING - SEBASTIAN GROVES HOLDING, LTD. -
SEBASTIAN PARK PLANNED DEVELOPMENT (PD) SPECIAL
EXCEPTION USE AND CONCEPTUAL PD PLAN
(LEGISLATIVE) 16
9.A.3. PUBLIC HEARING - RESOLUTION 2004-151 - HAEGER
HIGHLANDS SUBDIVISION PETITION WATER SERVICE -
10TH AVENUE SOUTH OF 4TH STREET INDIAN RIVER
COUNTY PROJECT NO. UCP -2468 - RESOLUTION III 19
9.A.4. PUBLIC HEARING -RESIDENTIAL MORATORIUM 20
9.B.1. PUBLIC DISCUSSION ITEM - DAMIEN H. GILLIAMS
REQUEST TO DISCUSS EXTENSION OF NO PERMITS
EMERGENCY ORDER 2004-05 25
9.C. PUBLIC NOTICE ITEMS - NONE 25
11.I.1. DESIGN/BUILD CONTRACT - SOUTH COUNTY PARK
RECREATION MULTI PURPOSE BUILDING (RFP 6092) -
RANK ORDER APPROVAL DEFERRED 26
December 14, 2004 4
12.A. COUNTY ATTORNEY - RESOLUTION 2004-152 - THE OAKS
OF VERO, PHASE I - CALL LETTER OF CREDIT - SDK
KINGS, INC. - SECOND MODIFICATION TO CONTRACT
FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS 26
14.A. EMERGENCY SERVICES DISTRICT 27
14.A.1. APPROVAL OF MINUTES OF REGULAR MEETING OF JULY 6, 2004 27
14.A.2. FY2003-2004 RECORDS DISPOSITION COMPLIANCE STATEMENT AND
RECORDS MANAGEMENT LIASION OFFICIER FORM -EMERGENCY SERVICES
DISTRICT 27
14.A.3. PROPOSAL TO HIREA CONSULTANT FOR THE CONSOLIDATION OF FIRE AND
EMS SERVICES 27
14.B.1. SOLID WASTE DISPOSAL DISTRICT 27
14.B.1. FY2003 - 2004 RECORDS DISPOSITION COMPLIANCE STATEMENT AND
RECORDS MANAGEMENT LIASON OFFICER FORM -SOLID WASTE DISPOSAL
DISTRICT 28
14.C. ENVIRONMENTAL CONTROL BOARD - NONE 28
December 14, 2004 5
December 14, 2004
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday,
December 14, 2004, at 9:00 a.m. Present were Arthur R, Neuberger, Chairman and
Commissioners Sandra L. Bowen, Thomas S. Lowther, Gary C. Wheeler, and Wesley S. Davis.
Also present were Joseph Baird, County Administrator; William G. Collins II, County Attorney;
Kim Massung, Executive Aide and Maria I. Suesz, Deputy Clerk.
1. CALL TO ORDER
Chairman Neuberger called the meeting to order.
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 14, 2004 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
1. Add Item 12. A., The Oaks of Vero, Phase I -Call Letter of Credit
2. Commissioner Lowther requested to move Item 9.B.1, 14.A.1, 14.A.2.,
14.A.3., and Item 14.B.1. before 9.A.1.
3. Commissioner Wheeler requested to defer 11.I.1. to January 11, 2005
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Wheeler, the Board
unanimously made the above changes to the Agenda.
There was a discussion to place a time certain to end the meeting at 11:00 p.m.
CONSENSUS WAS not to place a time restraint but to
continue the meeting until all business is heard.
5. PRESENTATION BY THE VERO BEACH HIGH SCHOOL
CHORUS
The Vero Beach High School Chorus presented holiday carols under the direction
of their Chorus Director Patrick Farrah.
6. APPROVAL OF MINUTES
None.
December 14, 2004 2
7. CONSENT AGENDA
7.A. APPROVAL OF CLERK'S PUBLIC OFFICIAL BOND AND
A UTMORIZATION FOR PAYMENT OF INVOICE
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
authorized the Chairman to execute the Clerk's Public
Official Bond for Jeffrey K. Barton, as requested in the
memorandum of December 8, 2004.
7.B APPROVAL OF WARRANTS —NOVEMBER 30 - DECEMBER 2,
2004
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the list of Warrants as issued by the Clerk to
the Board for November 30 — December 2, 2004, as
requested in the memorandum of December 2, 3004.
7. C. APPOINTMENT TO THE BEACH AND SHORE PRESERVATION
AD VISOR Y COMMITTEE — JOHN T. BERRIGAN REPLACING
GEORGE BUNNELL
December 14, 2004 3
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the Commission's appointment of John T.
Berrigan, as recommended in the memorandum of
December 7, 2004.
7.D. COMMISSIONER WHEELER'S APPOINTMENT TO THE PLANNING
AND ZONING COMMISSION (P&Z) — A. CRAIG FLETCHER,
DISTRICT 3, REPLACING ROBERT SWIFT
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the appointment of A. Craig Fletcher to the
Planning and Zoning Commission, District 3, as
recommended in the memorandum of December 8,
2004.
7.E. APPOINTMENT OF NON-VOTING SCHOOL BOARD LIAISON —
ANNREUTER WITH DR. ALLEN CRAIG MCGARVEYAS HER
ALTERNATE , REPLACING STEVEN MOHLER
Appointment noted for the record.
7.F. APPOINTMENTS TO THE METROPOLITAN PLANNING
ORGANIZATION (MPO) — BY THE CITY OF VERO BEACH - SABIN
ABELL AND MARY BETH MCDONALD
Appointment noted for the record.
December 14, 2004 4
7.G. REAPPOINTMENT OF DR. CRAIG MCGARVEY TO THE
METROPOLITAN PLANNING ORGANIZATION (MPO) BY THE
SCHOOL DISTRICT OF INDIAN RIVER COUNTY
Reappointment noted for the record.
7.H. APPOINTMENT OF WILLIAM HUGHES TO THE COUNCIL OF
PUBLIC OFFICIALS (COPD) WITHLENORA QUIMBYAS
ALTERNATE BY THE SCHOOL DISTRICT OF INDIAN RIVER
COUNTY (REPLACES DR. CRAIG MCGARVEY)
Appointment noted for the record.
7.1. APPOINTMENT OF KATHRYN A. WILSON TO THE ECONOMIC
DEVELOPMENT COUNCIL (EDC), BY THE SCHOOL DISTRICT OF
INDIAN RIVER COUNTY (REPLACING STEVEN MOHLER)
Appointment noted for the record.
7.J OUT -OF -COUNTY TRAVEL FOR COMMISSIONERS AND STAFF TO
ATTEND THE NATIONAL ASSOCIATION OF COUNTIES (NACO)
LEGISLATIVE CONFERENCE
(CLERK'S NOTE: On March 4, 2003 the Board approved moving the regular Tuesday
meeting for the first week in March (3-1-05) to the last Tuesday in February (2-22-05) to avoid a
conflict for those who wanted to attend the NACo conference. This conference is being held in
2005 later than previously anticipated.)
December 14, 2004 5
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
cancelled the previously scheduled meeting on
February 22, 2005, but instead cancelled the March 9,
2005 meeting, and approved out of County travel for
Commissioners and staff to attend the NACo
Conference, as recommended in the memorandum of
December 8, 2004.
7.K. FY 2003-2004 RECORDS DISPOSITION COMPLIANCE
STATEMENT AND RECORDS MANAGEMENT LIAISON OFFICER
FORM FY2003-2004
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
authorized the Chairman to sign the Records
Disposition Compliance Statements for the period
October 1, 2003 through September 30, 2004 and
submit the Record Management Liaison Officer's
(RMLO) form to the Florida Department of State for
the Board of County Commissioners, as recommended
in the memorandum of December 6, 2004.
CERTIFICATION IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
December 14, 2004 6
7.L. RESOLUTION 2004-149 - MOBILE HOME WIND STANDARDS —
WIND ZONE III CERTIFIED (110 MPH) — DEPARTMENT OF
HOUSING AND URBANDEVELOPMENT(HUD) DIVISION OF
MOTOR VEHICLES (FEDERAL MANUFACTURED HOUSING
IMPROVEMENT ACT)
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
adopted Resolution 2004-149 requesting support for
changes in Legislation that will require all second -set
(used) mobile homes relocated within or brought into
Indian River County to be Wind Zone III certified.
7.M. INDIAN RIVER FARMS WATER CONTROL DISTRICT FIVE-YEAR
PERMIT AND INTERLOCAL AGREEMENTS -IRC-1, 2, 3, 4, 5, 6, 7,
8,9
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the Permits; authorized payment in the
aggregate amount of $14,958.28; and authorized the
Chairman to execute the same, as recommended in the
memorandum of December 6, 2004.
PERMIT AND INTERLOCAL AGREEMENTS 1-9 ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
December 14, 2004 7
7.N. BELLSOUTH TELECOMMUNICATIONS, INC. REQUEST FOR AN
EASEMENT— WEST RIGHT -OF- WAYLINE OF 43RD A VENUE, AND
THE NORTH RIGHT-OF-WAY LINE OF SOUTH GIFFORD ROAD
AKA 41ST STREET (UTILITY SERVICES)
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Bellsouth's request for an easement to the
above -captioned property and authorized the
Chairman to execute the same, as recommended in the
memorandum of December 1, 2004.
AGREEMENT IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
7.0. EXTENSION OF ST. JOHNS RIVER WATER MANAGEMENT
DISTRICT (SJR WMD) ALTERNATIVE WATER SUPPLY COST
SHARE A GREEMENT — INTEGRA TED WATER RESOURCES
PROGRAM — FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (FDEP) (UTILITIES SER VICES)(CHANGE ORDER
IA
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
approved accepting the one (1) year grant extension in
the amount of $125,000.00 from St. Johns River Water
December 14, 2004 8
Management District, and authorized the Chairman to
execute Change Order 1, as recommended in the
memorandum of December 8, 2004.
CHANGE ORDER 1 IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
7.P. INTEREST RATE CHANGE ON ALL COUNTY FINANCING TO
5.75 % (PETITION PAVING, UTILITY ASSESSMENT PROJECTS,
UTILITY IMPACT FEE, ETC.)
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the fixed interest rate of 5.75% (5 %%),
Board of Commissioners on February 5, 2002;
approved this rate to remain in effect for calendar year
2005 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 7,
2004.
December 14, 2004 9
7.Q. RESOLUTION 2004-150 — ACCEPTANCE OF UTILITY EASEMENTS
IN HAEGER HIGHLANDS SUBDIVISION —1 0TH AVENUE SOUTH
OF 4TH STREET (PETITION WATER SERVICE — PROJECT
UCP -2468)
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
adopted Resolution 2004-150 formally accepting
solely for public utility purposes the dedication of 10th
Avenue, South of 4th Street, as set forth on the Plat of
Haeger Highlands Subdivision.
7.R. ORCA SOUTH LINK — COST-SHARING REIMBURSEMENT —
FLORIDA COMMUNITIES TRUST (FCT) CLOSING DOCUMENTS -
ENVIRONMENTAL LAND ACQUISITION (FCT PROJECT
#03-084-FF3)
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the Grand Award Calculation and Grant
Award Agreement for the ORCA South Link Project,
and authorized the Chairman to sign the documents, as
recommended in the memorandum of December 8,
2004.
AGREEMENT IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
December 14, 2004 10
7.S. ACQUISITION OF "ANSIN TRACT — ST, SEBASTIAN RIVER
BUFFER"LAAC SITE - FLORIDA COMMUNITIES TRUST (FCT)
GRANT CONTRACT — COST -SHARE FUNDING -
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the FCT Grant Contract for the "Ansin Tract
— St. Sebastian River Buffer" project and authorized
the Chairman to sign the same, as recommended in the
memorandum of December 8, 2004.
CONTRACT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.T. BEACH RESTORATION EMERGENCY RESPONSE —APPLIED
TECHNOLOGY AND MANAGEMENT (ATM) AMENDMENT NO. 11
TO PROFESSIONAL SERVICES AGREEMENT (SUBSEQUENT TO
HURRICANE FRANCES AND JEANNE)
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the Contract Amendment No. 11 with
Applied Technology and Management, Inc. in the
amount of $54,016.00, as recommended in the
memorandum of December 8, 2004.
AMENDMENT 11 IS ON FILE IN THE
December 14, 2004 11
OFFICE OF THE CLERK TO THE BOARD
7.U. BID AWARD No. 7000 - ANNUAL BID FOR TRAFFIC SIGNAL
EQUIPMENT - TRAFFIC ENGINEERING DIVISION/PUBLIC
WORKS DEPARTMENT — MULTICOMINC. — TRAFFIC PARTS INC.
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
approved making multiple awards Bid No. 7000 by
Sections instead of a single award to the overall lowest
most responsive and responsible bidder and awarded
Section 1 to Multicom, Inc; awarded Sections 2, 3, and
4 to Traffic Parts Inc; approved establishment of Open
End Contract for the period October 1, 2004 through
September 30, 2004 with each of the recommended
vendors; authorized the Purchasing Manager to renew
this contract for two (2) additional one (1) year periods
subject to satisfactory performance, zero cost increase,
vendor acceptance and the determination that renewal
of this annual contract is in the best interest of the
County, all as recommended in the memorandum of
December 8, 2004.
7.V. SHERIFF'S ADMINISTRATION BUILDING ROOF REPLACEMENT
— PROPOSALS AND AWARD — SUN SKY ROOFING/ATLANTIC
ROOFING OF VERO BEACH, INC. (HURRICANE FRANCES)
December 14, 2004 12
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
supported the continued efforts to quickly repair and
rehabilitate the Sheriff's Offices; granted authorization
to proceed with the services of Sun Sky
Roofing/Atlantic Roofing; and accepted their proposal
of $234,999 and authorized a purchase order for the
work subject to the final language of the proposal
meeting the requirements of the County Attorney and
meeting all minimum requirements of the County's
Risk Management policies, all as recommended in the
memorandum of December 7, 2004. (Funding for the
project will be from insurance, FEMA and the
one -cent sales taxes contingencies.)
7. W. INDIAN RIVER COUNTY SHOOTING RANGE —REPAIR TO RIFLE
RANGE — SUMMIT CONSTRUCTION MANAGEMENT,
INC. (HURRICANE JEANNE)
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
approved accepting the quote submitted by Summit
Construction Management, Inc.; authorized staff to
issue a purchase order for the needed repair services
under the conditions quoted subject to the final
language of the proposal meeting the requirements of
the County Attorney, and meeting all minimum
December 14, 2004 13
requirements of the County's Risk Management
policies, including waiving the necessity for bonds and
allowing a contingency of ten percent to address any
additional costs associated with lighting fixtures, all as
recommended in the memorandum of December 8,
2004. (Funding from insurance, FEMA, and one -cent
sales tax contingencies.)
7.X EGRET MARSH REGIONAL STORMWATER PARK — COMMUNITY
BUDGET — EAST INDIAN RIVER COUNTY MASTER STORMWATER
MANAGEMENT PLAN (MASTER PLAN) — FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION (FDEP)
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
authorized the Stormwater Division to prepare a
Community Budget Request for Egret Marsh Regional
Stormwater Park for the amount of $750,000, as
recommended in the memorandum of December 3,
2004.
9.A.1. PUBLIC HEARING — ORDINANCE 2004-042 - REZONING OF
3.18 ACRES FROM RS -3 TO CN (RZON 2003090035-43091) —
ECHO LAKES PD — SOUTH COUNTY INITIATIVE - VERO
ENTERPRISES LLC (SUNLAND DEVELOPMENT, INC.)
(QUASI-JUDICIAL)
December 14, 2004 14
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating used a PowerPoint presentation (copy on
file) to review this item. The purpose of this request is to change the zoning from RS -3 to CN, at
Echo Lakes PD, which is part of the South County Initiative, to secure the zoning necessary to
develop the site with uses that are allowed under the CN zoning district and to be consistent with
the land use designation. The Planning and Zoning Commission recommended the Board approve
this request. It meets the concurrency test. It is consistent with the Comp Plan and has no adverse
environmental impact. It is compatible with surrounding uses and staff recommends approval of
rezoning.
The Chairman opened the public hearing.
Robert Johnson, 535 39th Court SW, wanted to know if this rezoning impacts the
County's decision to 3 -lane 43`d Avenue and he was told that it does not.
There were no additional speakers and the Chairman closed the public hearing.
December 14, 2004 15
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
adopted Ordinance 2004-042 amending the zoning
Ordinance and the accompanying zoning map for +/-
3.18 acres located south of 17th Street SW
approximately 1,450 feet east of the 43rd Avenue from
RS -3, single-family residential district (up to 3
units/acre), to CN, neighborhood commercial district,
and providing codification, severability, and effective
date.
9.A.2. PUBLIC HEARING — SEBASTIAN GROVES HOLDING, LTD. -
SEBASTIAN PARK PLANNED DEVELOPMENT (PD)
SPECIAL EXCEPTION USE AND CONCEPTUAL PD PLAN
(Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling reviewed the context of this request for conceptual approval
of a Planned Development to be called Sebastian Park located on the north side of 85`h
Street/CR510 and east of 86th Avenue and to grant a PD special exception. He used a PowerPoint
presentation (copy on file) to highlight the location and layout of the site and to review the details
and conditions that apply with this proposal. He pointed out that the site was recently rezoned
RS -3, single-family residential, except for the north point which remained A-1, Agricultural.
Director Boling explained the conditions dealing with traffic improvements, mitigation and
enhancement attributes and 86th and 89th Street improvements.
Commissioner Wheeler posed several questions and concerns to staff regarding further
details of the PD design, the installation of traffic signals and impact fees.
December 14, 2004 16
Traffic Engineer Chris Mora explained "The Manual of Uniform Traffic Control Devises"
is utilized as their guide to requirements and procedures and generally is used throughout the
country.
Director Keating briefly described the Local Government Comprehensive Plan and Land
Development Regulation Act of 1985 as the mechanism used by the State of Florida to introduce
the concept called concurrency. He described how the County implemented and vested
concurrency prior to 1990 and how an alternative method that involved deferring the final test for
concurrency to building permit approval time was adopted.
Attorney Collins explained in detail the expensive burden placed on a developer during a
recession.
Commissioner Wheeler suggested converting back to the old method used prior to 1991.
There was CONSENSUS for staff to prepare a report
on the pros and cons of changing the method
concurrency is implemented and vested and to develop
a plan of action for the possibility of converting back
to the old method used prior to the 1990 Comp Plan
revision and bring it back to the Board within 60 days.
Commissioner Davis was interested in revising the design creating a right-of-way allowing
for a corridor road with a future bridge at the north end of the project for access to the City of
Sebastian from all directions. Staff has addressed this concept and they have been working with
the City of Sebastian. The City has agreed to support earmarking impact fees for Laconia Avenue,
however, staff believes they are at a dead end after having several meetings with St. Johns River
Water Management District (SJRWMD) because they had no interest in placing a bridge at that
location.
The Chairman opened the public hearing.
December 14, 2004 17
David Knight, of Knight, McGuire and Associates, Inc., commented that these issues
were discussed at length and he did not want to readdress the issue because they were considered
to be of very little benefit. He advised them that the Marine Resource Council has plans to
purchase several lots at the north end for research and development. He responded to questions of
the Commissioners regarding the private road and interconnectivity to the surrounding roadways.
Discussion ensued pertaining to the developments interior roads and connectivity to
CR510.
Jim Egan, Executive Director of Marine Resource Council, a not-for-profit organization
dedicated to protecting the Indian River Lagoon, the tributaries and the wildlife associated with it,
under contract with the Florida Communities Trust, described their responsibility of doing
conservation, restoration and management at the north end of this development. They preferred
not to have connectivity across the canal, but would modify their plans if required. He felt that
SJRWMD would not approve it.
Discussion continued and staff pointed out that the developer's agreement with the Marine
Resource Council would be over and above what is planned.
Dr. Richard Baker, President of Pelican Island Audubon Society, supported staff s
recommendation and encouraged the Board to make no changes.
Robert Johnson, 535 39th Court SW, was concerned whether the developer will be
accountable for the PD until such time it is turned over to the homeowners association.
There were no additional speakers and the Chairman closed the public hearing.
December 14, 2004 18
MOTION WAS MADE by Commissioner Davis,
SECONDED by Chairman Neuberger for discussion,
to approve staffs recommendation with a
modification to the PD providing connectivity from
82nd Avenue to 89th Street.
Under discussion, staff reviewed two alternatives that the Board could choose from.
Commissioner Lowther supported staffs recommendation.
Commissioner Bowden was not in favor of causing a delay to the process and supported
staff s recommendation.
Commissioner Davis stated that a delay of six months was not his intent.
Chairman Neuberger WITHDREW HIS SECOND to
the motion. MOTION DIED for lack of a second.
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Bowden, the Board
unanimously granted PD Special Exception and
conceptual PD plan approval for Sebastian Park PD
with conditions as fully set out and as recommended in
the memorandum of December 8, 2004.
(CLERK'S NOTE: Chairman Neuberger called a short recess at 7:45 p.m.
and the Board reconvened the meeting with all members present at 7:54
p.m.)
9.A.3. PUBLIC HEARING — RESOLUTION 2004-151 - HAEGER
HIGHLANDS SUBDIVISION PETITION WATER SERVICE —
December 14, 2004 19
10TH AVENUE SOUTH OF 4TH STREET INDIAN RIVER
COUNTY PROJECT NO. UCP -2468 — RESOLUTION III
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD
Manager of Assessment Projects Dan Chastain said there are six lots involved in this
proposal. Staff estimates the cost to be $42,440.00.
The Chairman opened the public hearing. There were no speakers and the Chairman
closed the public hearing.
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Bowden, the Board unanimously
adopted Resolution 2004-151, confirming the special
assessments in connection with water main expansion
to Haeger Highlands Subdivision (10th Avenue South
of 4th Street); and providing for special assessment
liens to be made of record.
9.A.4. PUBLIC HEARING —RESIDENTIAL MORATORIUM
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD
County Attorney Collins reviewed his request addressing the main issues: the open
questions as to exceptions to the prohibitions against residential development, the
recommendations of P&Z, and the need to engage outside council.
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Bowden, the Board
December 14, 2004 20
unanimously authorized the County Attorney to hire
outside council, if needed.
The Chairman opened the public hearing.
The following people addressed the Board in opposition to the moratorium:
(CLERK'S NOTE: The names preceded with an asterisk indicate those who agreed to
work with Mr. Joseph Paladin's towards a resolution of the growth issues.)
*Allen Green, 8030 98th Avenue, Vero Beach, Florida
*Lauren Connolly, P. O. Box 4121, Vero Beach, Florida, President of the Realtors
Association of Indian River County. (Script on file with the backup)
Joseph Paladin, 730 Commerce Drive, Sebastian, Florida, spoke in opposition to a
moratorium and pleaded with the Board to give the people a chance to slow down growth working
together on their own. He asked other speakers to come forward and express their desire to join
him with his plea.
*Michelle Paladin, 730 Commerce Drive, Sebastian, Florida
*Jay Hart, 2800 Indian River Drive, Vero Beach, Florida
*Jerry Swanson, 1048 E. Polo Grounds Drive, Vero Beach, Florida, read a letter from
Property Appraiser David Nolte regarding the impact of the tax assessment by a moratorium
(Letter on file).
Victor Knight, 2800 Ranch Road, Vero Beach, Florida
Karen Swanson, 1048 E. Polo Grounds Drive, Vero Beach, Florida
Cliff Norris Jr., 4690 Pebble Bay Circle, Vero Beach, Florida
*Anthony J. Donadio, 1665 E. Rosewood Court, Vero Beach, Florida
Martin Tabor, 7601 SW Lost River Road, Stuart, Florida
Don Studley, 1060 Polo Grounds, Vero Beach, Florida
December 14, 2004 21
Steve Henderson, 756 Beachland, Vero Beach, Florida
Dr. Hal Brown, 1265 36th Street, Vero Beach, Florida
*S. Brent Spain, 255 s. Orange Avenue, Orlando, Florida
Margo Sudnykovych, 7575 1st Street SW, Vero Beach, Florida
Jeff Thompson, 2307 Seville Ave, Vero Beach, Florida
Richard Bialosky, 940 Oyster Shell Lane, Vero Beach, Florida
*Stephen Moler, 336 Egret Lane, Vero Beach, Florida
Chris Pontello, W. F. McCain & Associations, 2066 14th Avenue, Suite 102, Vero Beach,
Florida
George Beuttell, 5000 16th Street, Vero Beach, Florida, wanted Attorney Collins' letter on
moratorium placed on the record (not provided to the Clerk)
David Ederer, 1351 Sea Hawk Lane, Vero Beach, Florida
Bruce Barkett, 756 Beachland Blvd., Vero Beach, Florida
(CLERK'S NOTE: The Chairman called a short recess at 9:40 p.m. and the Board
reconvened at 9:46 p.m. with all members present.)
Bill McCain, 2066 14th Avenue, Suite 102, Vero Beach, Florida
Barbara Hall, 401 East Las Olas Blvd., Fort Lauderdale, Florida
*Mark Brackett, 1717 Indian River Blvd., Vero Beach, Florida
*Joseph Shulke, 1717 Indian River Blvd., Vero Beach, Florida
*Damien Gilliams, 1623 US 1, Sebastian, Florida
Rick Melchiori, 1205 19th Place #G-3, Vero Beach, Florida
Bob Swift, 6450 Glendale Road, Vero Beach,
Thomas M. Barnes, Jr., 602 Tulip Lane, Vero Beach, Florida
Ray Jankoski, 844 US Hwy 1, Vero Beach, Florida
*Jodah Bittle, 1875 Tarpon Lane, Vero Beach, Florida
*Tim Zork, 4415 5th Place SW, Vero Beach
December 14, 2004 22
Ron Andrews, 6414 55th Square, Vero Beach,
Thomas Pellam, 101 N. Monroe Street, Suite 1090, Tallahassee, spoke on behalf of
several potentially affected landowners on the land use issue. He has assisted local governments in
preparing moratoria but never for the reason or purpose of stopping growth. He understands
moratoria, their purpose, role and planning. Moratoria is a tool to be used cautiously,
appropriately and under certain circumstances, such as an emergency situation. He urged the
Board to use the visioning process to consider the need for amendments to the Land Development
Regulations coming out of that process and take action on them.
The following people addressed the Board in favor of a moratorium:
Diane Macgowan, 555 Bougainvillea Lane, Vero Beach,
Ital Veron, 280 Peppertree Drive, Vero Beach, Florida
Dr. Richard Baker, 522 N. Blue Island Lane, Sebastian, Florida
Hugh Beath, 986 Riomar Drive, Vero Beach, Florida
Renee Renzi, 340-A Waverly Place, Vero Beach, Florida
Adrienne Cuffe, 695 43rd Avenue, Vero Beach, Florida
Linda Bolton, 125 Chiefs Trail, Vero Beach, Florida
Grant Beadle, 985 Riomar Drive, Vero Beach, Florida
Deborah Ecker, 550 Riomar Drive, Vero Beach, Florida
Robert Johnson,
535 39th Court SW, Vero Beach, Florida
John T. Williams, 1535 Smugglers Cove, Vero Beach, Florida
There were no additional speakers and the Chairman closed the public hearing.
December 14, 2004 23
MOTION WAS MADE by Commissioner Lowther,
SECONDED by Commissioner Neuberger, to not
have a moratorium.
Under discussion Commissioner Davis was concerned with the lack of control over
developers' subdivision projects under the current regulations and felt that the LDRs needed to be
strengthened in order to guard the community. He was opposed to a moratorium, but was
interested in controlling growth.
Commissioners Wheeler and Bowden both were opposed to the motion. They wanted to
proceed with the second public hearing to allow others to speak on this issue who could not attend
the meeting tonight. Commissioner Wheeler doubted that the community would come forward
now since he didn't see that type of cooperation in the past.
Discussion ensued whereby the Board learned that the second public hearing has not been
advertised as of this meeting and if the Board chose to approve the ordinance staff would have to
advertise before January 4, 2005. Staff advised that they already have LDR amendments prepared
for the Board's review. The Chairman and staff felt that the Board has control of the design issue
concerns of Commissioner Davis.
Commissioner Lowther AMENDED his motion,
SECONDED by Neuberger, to set a workshop for the
second week in January and work together with the
Community volunteers.
December 14, 2004 24
Continuous discussion ensued pertaining to scheduling a second public hearing on January
4, 2005.
The Chairman CALLED THE QUESTION and the
motion carried by a 3-2 vote (Commissioners Wheeler
and Bowden opposed). (CLERK'S NOTE: Workshop
held January 12, 2005 at 9 a.m.)
(CLERK'S NOTE: Later in the meeting, there was a brief discussion and the Chairman
asked Joseph Paladin to form his committee and get back to him with a date for the workshop.)
9.B.1. PUBLIC DISCUSSION ITEM - DAMIEN H. GILLIAMS
REQUEST TO DISCUSS EXTENSION OF NO PERMITS
EMERGENCY ORDER 2004-05
Damien H. Gilliam, 1623 US Highway I, Suite A-5, Sebastian, requested an extension of
the "no fee permits" for those people who were not advised by their insurance company in time to
apply for a building permit prior to the expiration of the "no -fee" extension period. He was angry
because they authorized a waiver for a few people and not for others and questioned the legality of
their action.
County Administrator Baird advised that November 23rd was the end of the 60 -day
extension period. The insurance companies are reimbursing their clients for permit fees and the
contractors are charging for them. He felt staff has been reasonable and recommended that the
Board not allow any further exceptions.
NO ACTION TAKEN OR REQUIRED.
9.C. PUBLIC NOTICE ITEMS - NONE
December 14, 2004 25
11.I.1. DESIGN/BUILD CONTRACT - SOUTH COUNTY PARK
RECREATION MULTI PURPOSE BUILDING (RFP 6092) -
RANK ORDER APPROVAL DEFERRED
Deferred to first meeting in January 2005.
12.A. COUNTY ATTORNEY - RESOLUTION 2004-152 - THE OAKS
OF VERO, PHASE I - CALL LETTER OF CREDIT - SDK
KINGS, INC. - SECOND MODIFICATION TO CONTRACT
FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
County Attorney Collins addressed the Board to adopt the Resolution as a safe guard and
for staff to call the existing Letter of Credit No. 2004-16 in the amount of $500,684.03. The
developer did not complete the required improvements. Staff was also requesting the Board
approve the Second Modification to Contract for Construction of Required Improvements No.
PD -01 -06 -15 -CFC.
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
unanimously approved the Second Modification to
Contract for Construction of Required Improvements
No. PD -01 -06 -15 -CFC and authorized the Chairman
to execute same; and as a safeguard adopted
Resolution 2004-152 declaring default by SDG Kings,
Inc., a Florida Corporation, in its obligation to
complete required improvements to the Oaks of Vero —
P.D., Phase I, and authorizing staff to make sight draft
December 14, 2004 26
against First National Bank and Trust Company clean
irrevocable Letter of Credit No. 2004-16 dated July 12,
2004.
SECOND MODIFIED CONTRACT IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
14.A. EMERGENCY SERVICES DISTRICT
The Chairman announced that immediately upon adjournment, 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.
14.A.1. APPROVAL OF MINUTES OF REGULAR MEETING OF JULY 6, 2004
14.A.2. FY2003-2004 RECORDS DISPOSITION COMPLIANCE
STATEMENT AND RECORDS MANAGEMENT LIASION OFFICIER
FORM — EMERGENCY SERVICES DISTRICT
14.A.3. PROPOSAL TO HIRE A CONSULTANT FOR THE CONSOLIDATION
OF FIRE AND EMS SERVICES
14.B.1. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Emergency Services
District 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 14, 2004 27
14.B.1. FY2003 - 2004 RECORDS DISPOSITION COMPLIANCE
STATEMENT AND RECORDS MANAGEMENT LIASON OFFICER
FORM — SOLID WASTE DISPOSAL DISTRICT
14.C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON
FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A
PART OF THESE MINUTES
There being no further business, on Motion duly made, seconded and carried, the Board
adjourned at 11:21 p.m.
ATTEST:
Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman
Minutes Approved:
BCC/MIS/2004Minutes
December 14, 2004 28