HomeMy WebLinkAbout12/16/2003 (2)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF DECEMBER 16, 2003
1. CALL TO ORDER........................................................................................1
2. INVOCATION...............................................................................................1
3. PLEDGE OF ALLEGIANCE......................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS............................................................................................................2
5. PROCLAMATIONS AND PRESENTATIONS.......................................2
6. APPROVAL OF MINUTES........................................................................2
7. CONSENT AGENDA...................................................................................2
7.A. REPORTS.....................................................................................................................2
7.B APPROVAL OF WARRANTS—NOVEMBER 21—DECEMBER 4, 2003 ............................3
7.0 ARBITRAGE REBATE AND OPINION SER i'ICEs —LETTER OFENGAGEMENT —
BONDLoGIsTIxLLC..................................................................................................3
7.D. 2002-2003 RECORDS DISPOSITION COMPLIANCE STATEMENT AND RECORDS
MANAGEMENT LIAISON OFFICER FORM (RML O) — FLORIDA DEPARTMENT OF
STATE.......................................................................................................................... 4
DECEMBER 16, 2003 1
7.E. FINAL PLAT APPROVAL - 20TH STREET AND 22" STREET, WEST OF 43"
A VENUE, THE GARDENS AT RIVER GRO f'E - ROGER BACON (QUASI-JUDICIAL) .......4
7.F. FINALPLATAPPROVALFORKRASCOEASEMENTREPLAT (93RDLANE)-LESLIE
KRASCO ( CARTER ASSOCIATES, ING) (QUASI-JUDICIAL) .......................................... 5
7.G. INTERESTRATE CHANGE ONALL COUNTYFINANCING(5.75%)...............................5
7.H. RESOLUTION2003-163-PROPERTYACQUISITION-LANDCO V ING -TAX
CANCELLATION........................................................................................................... 5
7.L FLOODPLAIN CUT AND FILL BALANCE WAIVER FOR LOT 15, BLOCK 19, VERO
LAKE ESTATES, UNIT 4 - MANCHESTER RESIDENCE - KELLER, SCHLEICHER &
MACWILLIAMENGINEERINGAND TESTING, ING-AMERONHOMES .......................6
7.J. RESOL UTON2003-164 -MISCELLANEOUS BUDGETAMENDMENT 002 ..................... 7
7.K BID #6002 -AWARD AND SAMPLE AGREEMENT-BAYTREE, MARBRISA AND
SEAGRAPE TRAIL DUNE RESTORATIONPROJECT HENRYFISCHER & SONS ING ..... 7
U. RESOLUTION 2003-165 - PUBLIC TRANSPORTATION JOINT PARTICIPATION
AGREEMENT-PUBLIcTRANSIT BLOCKGRANT(PTGB) ($322,158) -FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) (COUNCIL ONAGING) ........................8
7.M. PROCLAMATIONHONORING WALTER MCNEAL JACKSON FOR OUTSTANDING
COMMUNITY SER VICE(IOOTHBIRTHDAY)...................................................................8
7.N. FINAL PLATAPPROVAL - GRACE GROVES PHASE I - HABITAT FOR HUMANITY-
MosBY & ASSOCIATES, ING (QUAsI JUDICIAL)........................................................8
7.0. POWER WATERCRAFTLEASE-AMERICANHONDA CORPORATION -
RECREATION DEPARTMENT........................................................................................ 9
9.A.1. PUBLIC HEARING - ORDINANCE 2003-041— REZONING
APPROXIMATELY 160 ACRES - NORTHEAST CORNER OF
8TH STREET AND 98TH AVENUE, FROM A-1 TO RM -3
(WILLIAM MARINE) (QUASI-JUDICIAL)............................................9
9.A.2. PUBLIC HEARING — ORDINANCE 2003-042 — REZONING
APPROXIMATELY 81 ACRES LOCATED SOUTH OF 16TH
STREET AND 1300 FEET EAST OF 98TH AVENUE, FROM A-1
DECEMBER 16, 2003 2
TO RM -3 (PRO GOLF INTERNATIONAL INC.
(QUASI-JUDICIAL)...................................................................................18
9.A.3. PUBLIC HEARING - ORDINANCE 2003-043 - AMENDING
THE LAND DEVELOPMENT REGULATIONS (LDRS) TO
CREATE SECTION 911.21: ROSELAND CORRIDOR SPECIAL
DEVELOPMENT REGULATIONS (LEGISLATIVE) ........................21
9.A.4. PUBLIC HEARING - ORDINANCE 2003-044 - REZONING 6.65
ACRES LOCATED NORTHEAST CORNER OF INDIAN RIVER
BOULEVARD AND 41ST STREET, FROM RS -6 TO RM -8 -
RIVERFRONT GROVES (QUASI-JUDICIAL)....................................22
9.A.5. PUBLIC HEARING - SPECIAL EXCEPTION USE FOR A
PLACE OF WORSHIP - SOUTH SIDE OF 9TH STREET SW
(OSLO ROAD), EAST OF 9TH COURT SW - BETHLEHEM
TEMPLE CHURCH, INC. (QUASI-JUDICIAL)...................................26
9.A.6. PUBLIC HEARING - SPECIAL EXCEPTION USE FOR A
COUNTRY CLUB - 45TH STREET AND INDIAN RIVER
BOULEVARD - THE BOULEVARD VILLAGE AND TENNIS
CLUB - SALT MINE LLC (QUASI-JUDICIAL)...................................27
9.A.7. PUBLIC HEARING - SPECIAL EXCEPTION USE FOR AN
ADULT CONGREGATE LIVING FACILITY - HARBOR
RETIREMENT ASSOCIATION HARBOR PLACE ASSISTED
LIVING FACILITY (QUASI-JUDICIAL)..............................................29
9.A.8. PUBLIC HEARING - RESOLUTION 2003-166 - PAVING AND
DRAINAGE IMPROVEMENTS - 34TH AVENUE FROM 12TH
DECEMBER 16, 2003
STREET TO 14TH STREET, VERO PARK SUBDIVISION NO.2
(UNRECORDED) - IRC PROJECT NO. 0126 .......................................30
9.B.1. PUBLIC DISCUSSION ITEM..................................................................32
9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON JANUARY 6, 2004...........................................................32
9. C.1. VANBERGEN & HENDRY'S SUBDIi'ISIONPETmoN WATER SERVICE - IRC
PROJECTNo. UCP -2325 - REsoLuTloNIII........................................................... 32
9. C.2. AMENDMENTS To ATTACHMENT 1 of SWDD REsoL UTION 95-01 PROPOSED
RAISING of CERTAIN RATES AT THE LANDFILL...................................................... 32
11.A.1 WEST COUNTY INDUSTRIAL PARK HEIGHT EXCEPTION
LAND DEVELOPMENT REGULATION AMENDMENT .................33
11.B.1 PURCHASE OF A ONE-YEAR 800 MHZ SOFTWARE LICENSE
FROM COMMUNICATIONS INTERNATIONAL, INC ................... 35
11.C. STEALTH CELLULAR COMMUNICATIONS TOWER AT
SOUTH COUNTY REVERSE OSMOSIS PLANT - SBA ....................35
11.D. EMERGENCY SERVICE BATTALION CHIEFS COLLECTIVE
BARGAINING AGREEMENT - TEAMSTERS LOCAL UNION
NO. 769, DECEMBER 16, 2003 TO SEPTEMBER 30, 2006 ................38
11.D.2. CAFETERIA BENEFIT PLAN - STATUS UPDATE ...........................38
11.I.1. DISCUSSION ON ROAD PAVING AT FAIRGROUNDS ...................39
DECEMBER 16, 2003 4
11.L2. RIGHT-OF-WAY ACQUISITION - 82ND AVENUE -
AMERITREND OFFICE PARK - AMERITREND COMMERCE
CENTER, LLC............................................................................................40
11.L3. OSLO ROAD/43RD AVENUE BRIDGE REPLACEMENT AND
ROADWAY WIDENING ENGINEERING SERVICES -
AMENDMENT NO.2 - KIMLEY-HORN AND ASSOCIATES,
INC................................................................................................................41
11.L4 BID #5099 - KITCHING STATION TRAILHEAD - PROJECT
NO. 0219 - DEPARTMENT OF ENVIRONMENTAL
PROTECTION - FDEP $150,000 GRANT (BARTH
CONSTRUCTION CO., INC.)..................................................................41
11.L5 DEVELOPER'S AGREEMENT - INTERSECTION WIDENING
OF STATE ROAD 60 AND 58TH AVENUE - WOODFIELD AT
VERO BEACH PLANNED DEVELOPMENT - EQUITY
INVESTMENTS, LLC...............................................................................42
12.A. COUNTY ATTORNEY/CLIENT SESSION - NICHOLSON,
TRUSTEE VS INDIAN RIVER COUNTY.............................................43
13.E. COMMISSIONER ARTHUR R. NEUBERGER - INDIAN RIVER
HOSPITAL DISTRICT BOARD OF TRUSTEES LEASE
EXTENSION................................................................................................44
14.A. EMERGENCY SERVICES DISTRICT..................................................45
14.B. SOLID WASTE DISPOSAL DISTRICT.................................................46
DECEMBER 16, 2003
14.C. ENVIRONMENTAL CONTROL BOARD.............................................46
DECEMBER 16, 2003
December 16, 2003
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 16, 2003, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Caroline D. Ginn,
Vice Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Arthur R.
Neuberger. Also present were James E. Chandler, County Administrator; William G. Collins II,
County Attorney; and Maria L Suesz, Deputy Clerk.
1. CALL TO ORDER
Chairman Macht called the meeting to order.
2. INVOCATION
Dr. Charles C. Lever, First United Methodist Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Adams led the Pledge of Allegiance to the Flag.
DECEMBER 16, 2003 1
9
5.
6.
7.
ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Macht requested the following changes to today's Agenda:
Additions: Item 7.M
Item 7.N.
Item 7.0.
Additional Backup: Item 11.A.1.
Item 11.I.5.
Moved: Item 9.A.7
Proclamation honoring Walter McNeal Jackson
Habitat for Humanity — Final Plat Approval —
Grace Groves Phase I
Honda Power Watercraft Lease
Height extension LDR amendment
Developer's Agreement, Woodfield Subdivision
To follow Item 9.A.4
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously made the
above changes to the Agenda.
PROCLAMATIONS AND PRESENTATIONS
None.
APPROVAL OF MINUTES
None.
CONSENT AGENDA
7.A. REPORTS
The following reports have been received and are on file in the office of the
Clerk to the Board:
DECEMBER 16, 2003 2
1. Florida Retirement System Annual Report for July 1, 2001 through
June 30, 2002
2. Fellsmere Water Control District Bi -Monthly Meeting Schedule for
2004
7.B APPROVAL OF WARRANTS — NOVEMBER 2I — DECEMBER 4. 2003
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
November 21, 2003 to December 4, 2003, as received by
staff.
7.C. ARBITRAGE REBATE AND OPINION SERVICES —LETTER OF
ENGAGEMENT — BOND LOGISTIX LL C
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously authorized
the Chairman to sign the Letter of Engagement with Bond
Logistix LLC, as requested in the memorandum dated
December 8, 2003.
LETTER IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
DECEMBER 16, 2003 3
7.D. 2002-2003 RECORDS DISPOSITION COMPLIANCE STATEMENT AND
RECORDS MANAGEMENT LIAISON OFFICER FORM (RML 0) —
FLORIDA DEPARTMENT OF STATE
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously authorized
the Chairman to sign the Records Disposition Compliance
Statements for the period October 1, 2002 through September
30, 2003 and to submit the Record Management Liaison
Officer (RMLO) Form to the Florida Department of State, as
recommended in the memorandum dated December 1, 2003.
STATEMENT AND FORM ARE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.E. FINAL PLAT APPROVAL — 20TH STREET AND 22ND STREET, WEST OF
43RD A VENUE. THE GARDENS AT RIVER GROVE - ROGER BACON
(OUASI-.JUDICIAL)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously granted
Final Plat approval for The Gardens at River Grove
Subdivision, authorized the Chairman to sign the Contract for
Construction of Required Improvements, and accepted the
security, as recommended in the memorandum dated
December 8, 2003.
DECEMBER 16, 2003 4
COPY OF CONTRACT IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
7.F. FINAL PLAT APPROVAL FOR KRASCO EASEMENT REPLAT (93RD
LANE) — LESLIE KRASCO ( CARTER ASSOCIATES. INC )
(QUASI -.JUDICIAL)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously granted
Final Plat Approval for the Krasco Road Easement Replat, as
recommended in the memorandum dated December 8, 2003.
7. G. INTERESTRATE CHANGE ONALL COUNTYFINANCING (5.75%)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously approved
the fixed interest rate of 5.75% (53/4%), which is equivalent to
the minimum rate adopted by the Board of Commissioners on
February 5, 2002, and approved this rate to remain in effect
for calendar year 2004 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 dated December 5, 2003.
7.H. RESOLUTION 2003-163 - PROPERTYACQUISITION — LANDCO V.
INC — TAX CANCELLATION
DECEMBER 16, 2003 5
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously adopted
Resolution 2003-163 canceling taxes upon publicly owned
lands, pursuant to Section 196.28, Florida Statutes, on
property described in the Special Warranty Deed recorded in
OR Book 1655, Page 97, owned by Landco V, Inc.
U. FLOODPLAIN CUT AND FILL BALANCE WAIVER FOR LOT 15,
BLOCK 19. VERO LAKE ESTATES, UNIT 4 —MANCHESTER
RESIDENCE — KELLER, SCHLEICHER & MAC WILLIAM
ENGINEERING AND TESTING. INC — AMERON HOMES
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously granted the
cut and fill waiver based on the criteria of Section
930.07(2)(4)4, as recommended in the memorandum dated
December 4, 2003.
DECEMBER 16, 2003 6
U RESOL UTON 2003-I 64 — MISCELLANEOUS BUDGET AMENDMENT
21M
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously adopted
Resolution 2003-164 amending the Fiscal Year 2003-2004
Budget.
7.K. BID #6002 - A WARD AND SAMPLE AGREEMENT— BAYTREE.
MARBRISA AND SEA GRAPE TRAIL DUNE RESTORA TION PROJECT
HENRY FISCHER & SONS INC
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously awarded
Bid 46002 to Henry Fischer & Sons, Inc. in the amount of
$206,772.50 as the lowest most responsive and responsible
bidder meeting the specifications as set forth in the Invitation
to Bid, and approved and authorized the Chairman to execute
the sample agreement when required performance and
payment bonds have been submitted along with appropriate
certification of insurance and the County Attorney has
approved the agreement as to form and legal sufficiency, as
recommended and requested in the memorandum dated
December 8, 2003.
DECEMBER 16, 2003 7
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
U. RESOLUTION 2003-165 — PUBLIC TRANSPORTATION JOINT
PARTICIPATIONAGREEMENT — PUBLIC TRANSIT BLOCK GRANT
(PTGB) ($322.158)—FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) (COUNCIL ONAGING)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously approved
the Public Transportation Joint Participation Agreement and
adopted Resolution 2003-165 authorizing the Chairman to
sign the same, as requested in the memorandum dated
December 8, 2003.
AGREEMENT IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
7.M. PROCLAMATIONHONORING WALTER MCNEAL JACKSON FOR
OUTSTANDING COMMUNITYSERVICE (100THBIRTHDAY)
The Board entered the Proclamation on the record.
7.N. FINAL PLAT APPROVAL — GRACE GROVES PHASE I - HABITAT FOR
HUMANITY— MOSBY & ASSOCIATES. INC (QUASI -.JUDICIAL)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously granted
DECEMBER 16, 2003 8
Final Plat approval for Grace Groves Subdivision Phase I,
authorized the Chairman to execute the Contract for
Construction of remaining required improvements and
accepted the security arrangement, as recommended in staff's
memorandum dated December 8, 2003.
COPY OF CONTRACT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.0. POWER WATERCRAFTLEASE—AMERICANHONDA CORPORATION
- RECREATIONDEPARTMENT
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously approved
the lease with American Honda Corporation Inc. and
authorized the Chairman to execute same, as recommended
by staff in their memorandum of December 8, 2003.
AGREEMENT IS ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD
9.A.1. PUBLIC HEARING - ORDINANCE 2003-041- REZONING
APPROXIMATELY 160 ACRES - NORTHEAST CORNER OF
8TH STREET AND 98TH AVENUE, FROM A-1 TO RM -3
(WILLIAM MARINE) (OUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
DECEMBER 16, 2003 9
Community Development Director Robert Keating reviewed the memorandum dated
December 12 using a Powerpoint presentation (copy on file) to show the location and current
zoning of the subject and surrounding properties. The purpose of this request is to rezone
approximately 160 acres located at the northeast corner of 8th Street and 98th Avenue from A-1 to
RM -6 for development at a density consistent with the allowed density of the Comprehensive Plan
land use designation. Staff and the Planning and Zoning Commission both support this request.
Director Keating and Public Works Director James Davis replied to several questions
regarding unpaved roads, the traffic study, and traffic impact for this site. The concurrency criteria
must be met before the developer can proceed with the project.
Commissioner Ginn had strong concerns about the traffic impact and the unpaved roads.
She felt the developers need to pay their fair share for paving the roads and she adamantly opposed
this request until east/west bound roads to 98th Avenue are paved.
The Chairman opened the public hearing and asked if anyone wished to be heard regarding
this matter.
John Williams, 1535 Smugglers Cove, said he did not understand staff's interpretation of
concurrency laws. He understood that concurrency meant the services, infrastructure, and
everything needed for a development was in place before the development begins. He has been
involved in traffic studies and explained Level of Service -C (LOS) is decent driving conditions;
LOS -D is not acceptable. Mr. Williams contended that the Board is premature in granting
development requests and he hoped they would slow down and revisit the Comprehensive Plan
immediately to consider impact fees. He felt all of the developers should pay the impact fees so
the burden is not placed on the taxpayer.
Chairman Macht explained that the Board has to follow the law and sometimes the
application of the law is painful. Impact fees are very much on their minds. A study will be done
after which they can implement new standards. He agreed new residents should pay, not the
DECEMBER 16, 2003 10
longtime residents. The Board is constrained by law to follow their Comprehensive Plan and he
referenced the Bert Harris Private Property Protection Act of 1995 that grants private property
owners an alternative course of action if they are permanently denied reasonable use of their land
by regulatory actions.
Renee Renzi, 340 A Waverly Place, raised the issue of impact on schools. She stated the
closest school is 17 blocks from 981h Avenue. She has had the feeling that staff is arguing for the
developer.
Chairman Macht said Planning staff is professional and they are following the law. School
concurrency does not pertain here and he asked Director Keating for an explanation.
Director Keating said the Board is prohibited from implementing school concurrency now.
They can go through a process specified in Chapter 163, but until they do, they are prohibited from
denying a development based on the lack of school facilities.
In response to Chairman Macht, Attorney Collins said the process goes through the State
and the Board cannot apply school concurrency until they have gone through the process.
By CONSENSUS staff was directed to begin the process of
considering school concurrency and to bring it back to the
Commissioner Lowther noted this issue keeps coming up. These rezoning requests are
brought to the Board under guidelines in the Comprehensive Plan. If the Board has a problem with
those guidelines then we need to revisit our plan.
Discussion ensued. Staff was directed to revisit the Comprehensive Plan immediately.
Director Keating said he would bring it back as a staff report in January.
Bruce Barkett, 756 Beachland Boulevard, representing the applicant William Marine,
said his client's obligation is to have a paved development and he will be responsible for the
DECEMBER 16, 2003 11
paving of 98th Avenue down to 8th Street for the water and sewer main extension. He felt there can
be a developer's agreement that any future developers who tie into that extension within a period
of five years can reimburse his client and his client then can recoup some of that cost. Mr. Barkett
understood the concerns of the Board, but this application is consistent with the Comprehensive
Plan. In defense of the comments made by Renee Renzi, he gave a brief scenario of the events
between the developer and staff prior to the final product being presented to the Board. He
pointing out that his client will not only be paying impact fees but will be paying their fair share for
all the roads that are adjacent to the development.
William Glynn, 1820 Barefoot Place, President of the Barrier Island Coalition Save Our
Shores and the North Beach Civic Association claimed our county is systematically being
destroyed by developers who buy land at a good price and want to build out to double their
investment. He told the Board they have an opportunity to make a change today and he hoped they
will listen.
Brian Heady, Vero Beach, questioned whether the developers are paying their fair share
when the taxpayers are burdened with the maintenance of roads, any additional expenses, the
demand for greater salaries, and more schools with the increase in population. He urged the Board
to do what the majority of the people want, protect their rights and protect this county from high
density development.
Robert Johnson, 535 39th Court SW, asked if the staff already approved this item; if this
was the case, then he felt there was no need for public input.
Director Keating stated they could not recommend a development for approval if the
zoning was not acceptable.
Dr. Richard Baker, 10305 130th Avenue, Fellsmere, encouraged the Board to
immediately reexamine the Comprehensive Plan, at least in certain sections, if they believe that
DECEMBER 16, 2003 12
agriculture is important in this county. He wondered if it is a healthy decision for so many people
to be living next to producing agricultural land. He suggested they may want to consider a
moratorium. Some sort of transition from agriculture to the urban service area is needed. The
direction we are taking is not a transition.
Commissioner Ginn was concerned spraying by airplanes serving the citrus groves will
affect the development.
Gary Wheeler, 3302 63rd Square, feels growth is inevitable. People have the right to
develop, and we have the right to decide how it is to be developed. He believes it is time to
reevaluate our route to determine the destination we want. He hoped the Board would sit down
and take a hard look at impact fees, additional east/west thoroughfares, our comprehensive land
use plan, and our urban service area.
Commissioner Ginn thought major errors have been made; we should have stopped growth
at Interstate 95. At the Taxpayers Meeting, the Superintendent of Schools said over the last three
years they have 1500 more students. In Port St. Lucie, they have issued permits for 5200 homes
this past year, and she feels if we are not careful we could have the same situation here. The Board
is going to examine impact fees and she asked if they need to enact a pending ordinance until the
study is completed.
Attorney Collins counseled the Board to clarify the revisions that they want made to the
Comprehensive Plan, then all applications can be held pending the public hearing. He believed
they were suggesting a moratorium on all development or the development around the I-95 node.
They would have to advertise and hold a public hearing to get public input in order to adopt a
moratorium to study impact fees or revise the Comprehensive Plan. Attorney Collins's opined a
moratorium would probably take 9 to 12 months which could shut down a significant segment of
the economy that the board is trying hard to stimulate.
Commissioner Ginn commented we do have a lot of small manufacturing businesses
tucked away and we do not need to change our level of service.
DECEMBER 16, 2003 13
Commissioner Lowther stated the Board needs to have our Comprehensive Plan updated
because developers are coming to us under rules and regulations laid down years ago.
Commissioner Ginn asked what would be the consequences if the Board denies the
developer their request.
Attorney Collins explained they would have to show that maintaining the existing zoning
accomplishes some legitimate public purpose. In order to deny the request, the Board would have
to show some substantial evidence on the record to support their decision arbitrary to deny the
rezoning.
Commissioner Lowther reminded the Board that they had the same discussion two weeks
ago. The request is in compliance with the Comprehensive Plan and until the Plan is changed they
have nothing to support a denial.
Commissioner Ginn reiterated her earlier comment that until 4th Street is paved through to
98th Avenue they have the right to deny the request. The Comprehensive Plan is not
accomplishing what the Board wants.
Attorney Barkett stated the Board does not have any testimony to show that there is a real
problem. What they do have is testimony that the traffic impact analysis that was developed
supports the application. He told the Board the Comprehensive Plan was purposely designed to
leave agricultural districts "as is" and to rezone them when the demand existed.
Robert Adair, 7060 33rd St., Director of Vero Beach Research Station, agreed our current
Comprehensive Plan has limitations. He was concerned about compatibility issues and cautioned
against having farms next to housing projects. There are existing problems with complaints of the
noise, odors, and spraying at night which is done to avoid spray drift. He asked the Board to table
this item or impose a moratorium, and put all applications on hold until they revisit the LDRs.
Renee Renzi suggested they modify the rezoning request to 1 -unit per acre.
Brian Heady, Vero Beach, thought future water shortages are created every time a new
development is approved.
DECEMBER 16, 2003 14
William Glynn agreed that this request should go back to staff to look at reducing the
density to a level that is acceptable.
John Williams said he would not speak on the next item but asked that his objections to
this item be repeated. He urged the Board to direct Attorney Collins to do more research and
suggested placing a moratorium on rezoning any agricultural lands until they get the
Comprehensive Plan in order. Non -compatibility of residential development with agricultural
land is a future problem that they will have to face. Future Commissioners are not going to be able
to stop development. He suggested purchasing property through a bond referendum or sales tax to
form a green belt outside the urban service line to protect agriculture, and make it clear that the
service line will not be extended in the future.
The Chairman asked if anyone else wished to be heard with regard to this matter. There
being none, the Chairman closed the public hearing.
Chairman Macht said the Board is well aware of the impact of growth and the necessity of
control. Personally he never understood why the Comprehensive Plan has such high densities on
the edge of the developmental property line which is having this adverse affect. Although he asked
for citizen input he believes their input needs to be more formal and comprehensive against the
backdrop of what the law says. He advised that our legal department has researched the Bert
Harris Act to see how challenges have been handled by the court, but there has not been significant
activity to know the outcome. He believed the Board was not afraid of the Bert Harris Act because
the effect of a ruling adverse to County interest would not be that disastrous.
Chairman Macht stated he has asked Planning and Legal staff if the County is compelled
by law to move the urban service area line and the answer has been "no". There is nothing that will
force this Board to move that line. He emphatically recommended that the urban service area line
never, ever be moved and asked Director Boling to indicate where the line is to put things in a
greater perspective for the citizens.
DECEMBER 16, 2003 15
Commissioner Adams said they have moved it to spur economic development where they
have had industrial ventures.
Commissioner Neuberger said he was not afraid of the word moratorium nor the Bert
Harris Act, but what does concern him is that they have to abide by urban service area lines that
were drawn years ago. He sees no reason to move the line, but does see a need for impact fees and
the need to improve the east/west roadways. He does not believe that we will ever have gridlock
here, but was positive we will see growth when currently 1,000 to 1,500 people a day are moving
into Florida. We do need to look at some areas that are in the urban service boundary.
MOTION WAS MADE by Commissioner Neuberger,
SECONDED by Commissioner Lowther, to approve staff's
recommendation. (This motion failed later in the meeting.)
Discussion continued with Commissioner Ginn relating that the compatibility to the
surrounding areas and the lack of paved roads in the area concerns her.
Commissioner Neuberger declined to amend his motion to 3.5 units per acre as requested
by Commissioner Adams because he found the request to be incompatible with the surrounding
zoning.
Chairman Macht pointed out they are dealing with zoning that says "up to" and if they want
to mitigate that by a lesser density the only thing they have to do is cite a substantial reason that
higher density is not in the best interest of the public.
Commissioner Lowther felt that Commissioner Ginn has done that.
Commissioner Ginn recommended postponing until 4th Street is paved.
Commissioner Adams again asked Commissioner Neuberger to amend his motion.
Commissioner Neuberger declined.
DECEMBER 16, 2003 16
The Chairman CALLED THE QUESTION and the motion
failed 2-3 (Chairman Macht, Commissioners Adams and Ginn
opposed)
The Chairman called for another motion. There was none.
(CLERK'S NOTE: THE BOARD DECIDED TO RECONSIDER ITEM 9.A.1. FOLLOWING
ITEM 9.A.2.)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board 3-2 vote
(Commissioners Lowther and Ginn opposed), moved to
reconsider Item 9.A.1.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board by a 3-2 vote
(Commissioners Lowther and Ginn opposed), adopted
Ordinance 2003-041, amending the zoning ordinance and the
accompanying zoning map for approximately 160 acres
located at the northeast corner of 8th Street and 98th Avenue,
from A-1, agricultural district (up to 1 unit/5 acres), to RM -3,
multiple family residential district (up to 3 units/acre) and
providing codification, severability, and effective date.
DECEMBER 16, 2003 17
9.A.2. PUBLIC HEARING - ORDINANCE 2003-042 - REZONING
APPROXIMATELY 81 ACRES LOCATED SOUTH OF 16TH
STREET AND 1300 FEET EAST OF 98TH AVENUE, FROM A-1
TO RM -3 (PRO GOLF INTERNATIONAL INC.
(OUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating explained this property is adjacent to
the property discussed in the previous public hearing, but it is half the size. He reviewed the
criteria as detailed in his memorandum using a Powerpoint presentation (copy is on file). This
request is to rezone from A-1 to RM -6 so it can be developed residentially. It is consistent with the
Comprehensive Plan and the concurrency test shows there is adequate capacity in all facilities.
The Planning and Zoning Commission and staff both recommend the Board adopt the Ordinance.
In response to Commissioner Lowther's request for information regarding the opposing
votes at the Planning and Zoning Commission meetings, Director Keating did not know what
motivated Mr. Winne to change his vote.
The discussion continued regarding access to the property and the paving of 16th Street to
98th Avenue.
The Chairman opened the public hearing and asked if anyone wished to be heard with
regard to this matter.
Brian Heady believed that all the Board has to do is say "no" to accomplish what the
majority of the people asked for in the last public hearing.
DECEMBER 16, 2003 18
Renee Renzi, 343 Waverly Place, said the same conditions apply as before and requested
the Board reduce the density to RM -1, certainly not RM -6.
Attorney Barkett pointed out this project is immediately adjacent to the commercial mall
and to RM -6. He explained that the reason RM -6 was requested was because it allows a mix of
uses from a small lot subdivision to single family, and RM -3 does not permit that. RM -6 will
result in fewer units than RM -3. He was sorry that the Board denied the last request and he hoped
that they would not deny this request because they are shutting the developer out for a year and
forcing them to go to court.
William Glynn, 1802 Barefoot Place, saw no reason why 3 or 4 units to an acre is not
sufficient for the developers and the property owners to make money.
Chairman Macht said he thought the Board made a great mistake by not considering a
second motion for a lower density in the previous public hearing. It is one thing to say that RM -6
is too high, but it is quite another to say nothing is just right. The developer does have private
property rights.
Commissioner Neuberger suggested the prevailing side could reopen that issue again.
Commissioner Ginn remained steadfast there are no east/west roads other than SR -60. In
order to maintain the grid she felt they need to deny these requests until they have 98th Avenue and
4th Street paved.
Chairman Macht assumed the developer would go to court and may get more than RM -6.
He felt the Board did the wrong thing to take such a stand.
Commissioner Lowther reiterated that this falls within the guidelines of what the developer
can do. Unless a moratorium is imposed the requests are going to keep coming. He agreed with
Chairman Macht that the developers will take it to court.
Commissioner Adams said the "up to" is as much "up to" the Board as it is for the
developer. She felt they should have amended the motion for something less than RM -6.
DECEMBER 16, 2003 19
The Chairman asked if anyone else wished to be heard regarding this matter. There being
none, the Chairman closed the public hearing.
MOTION WAS MADE by Commissioner Neuberger,
SECONDED by Commissioner Lowther, to approve staff's
recommendation. (This motion failed later in the meeting.)
The Chairman CALLED THE QUESTION and the motion
failed 2-3. (Commissioners Adams, Ginn and Chairman
Macht opposed).
The Chairman asked if anyone on the prevailing side wished to make a new motion.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board by a 3-2 vote,
(Commissioner Lowther and Ginn opposed) adopted
Ordinance 2003-042, amending the zoning and the
accompanying zoning map for approximately 81 acres located
south of 16th Street and 1300 feet east of 98th Avenue, from
A-1, Agricultural District (up to 1 unit/5 acres) to RM -3,
multiple -family residential district (up to 3 units/acre) and
providing codification, severability, and effective date.
Attorney Bartlett said they did not discuss RM -3 and stated it was not acceptable.
CLERKS NOTE: THE BOARD AGREED TO RECONSIDER ITEM 9.A.1.
FOLLOWING ITEM 9.A.2. SEE ITEM 9.A.1 FOR MOTION.)
DECEMBER 16, 2003 20
The Chairman called for a short recess at 11:08 a.m. The meeting reconvened at 11:17 a.m.
with all members present.
9.A.3. PUBLIC HEARING - ORDINANCE 2003-043 - AMENDING
THE LAND DEVELOPMENT REGULATIONS (LDRS) TO
CREATE SECTION 911.21: ROSELAND CORRIDOR SPECIAL
DEVELOPMENT REGULATIONS (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 his memorandum for the Board to consider the
proposed amendment to the Land Development Regulations. This amendment is to implement
and codify the corridor special development regulations It deals with new non-residential
development in the Roseland area and does not affect density or design issues.
The Chairman opened the public hearing and asked if anyone wished to be heard regarding
this matter. There being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously adopted
Ordinance 2003-043, amending the Land Development
Regulations (LDRS) to create Section 911.21: The Roseland
Corridor Special Development Regulations, and providing the
repeal of conflicting provisions, codification, severability and
effective date.
DECEMBER 16, 2003 21
9.A.4. PUBLIC HEARING - ORDINANCE 2003-044 - REZONING 6.65
ACRES LOCATED NORTHEAST CORNER OF INDIAN
RIVER BOULEVARD AND 41ST STREET, FROM RS -6 TO
RM -8 - RIVERFRONT GROVES (OUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating recommended this item be considered
in conjunction with Item 9.A.7. The property is approximately 6.65 acres in size, and the owner is
requesting a rezoning from RS -6 to RM -8. The purpose for the rezoning is so the property can be
developed residentially. He used a Powerpoint presentation to show a map of the property and to
discuss the zoning of the surrounding properties (copy is on file). He reviewed the criteria as
stated in his memorandum. Director Keating said this request was recommended for approval by
the Planning and Zoning Commission, but he advised the Board to defer making a decision until
after Director Boling reviewed the Special Exception Use for this property (Item 9.A.7.).
Planning Director Boling used a Powerpoint aerial map for his presentation in detailing the
two phases of development that are proposed for the special exception use. He explained that this
is the same piece of property as discussed in Item 9.A.7. The duplex building is proposed to be
integrated into Regency Park The adult living facility (ALF) is one special exception use project,
and adding the duplex requires RM -8 zoning. He recommended approval with the conditions
outlined in the memorandum which include construction of a north bound right turn lane on Indian
River Boulevard at the entrance together with requirements for bonding out required sidewalks
and the area to be developed as duplexes and integrated into Regency Park.
In response to Commissioner Neuberger's question, Traffic Engineer Chris Mora
explained that a limited ingress/egress access onto Indian River Boulevard would be sufficient as
long as the applicant agreed to implement a northbound right turn lane that would shadow the
traffic out of the traffic stream. It is becoming more common with median divided roads to have
the right in and right out turn lane.
DECEMBER 16, 2003 22
Commissioner Ginn expressed concern regarding the open space and the stormwater area.
She felt the map appeared to be very congested.
Director Boling explained that the location of the open space is primarily around the
perimeter. He said the limitation is no more than 30% credited to open space that can consist of
stormwater lake area. The proposed open space is 37.6%.
The Chairman opened the public hearing and asked if anyone wished to be heard regarding
this matter.
Attorney Michael O'Haire, O'Haire, Quinn, Chandler and Casalino, represents the
contract seller of the property, the Knight family. He felt they are entitled to what they are asking
for and that it is not an unreasonable request based on the other developments in the area. He urged
the Board to grant the request to spare the Knight family from playing games in the judicial
system.
John Moore, 2705 Whipperwill Lane, representing the Harbor Retirement Associates,
wanted the Board to focus on the extremely low traffic impact that an assisted living facility
generates and stated that the traffic study results indicate at peak hours the traffic load is only 15
trips per hour, which is equivalent to 2 1/2 single family units per acre. He added that Indian River
Boulevard is four lanes with a median. All the criteria are met and this would be a nice addition to
the community. For contractual reasons he asked the Board to couple their vote for the rezoning
and the special exception use.
Attorney Collins clarified that the motion would be to approve rezoning and special
exception or deny both as a unit.
Robert Johnson, 535 39th Court SW questioned why this particular rezoning shows traffic
flow when several weeks ago on 43rd Avenue and Oslo Road they were not permitted to have a
diagram giving the traffic flow or the bridge destination.
Director Keating explained that a special exception use has to be approved by the Board,
and in that case Board approval was not required. Once the property is rezoned the developer can
DECEMBER 16, 2003 23
build anything that meets the criteria of the rezoning. He cautioned the Board that first they are
rezoning to RM -8, and, even though they are voting to approve the special exception use and the
rezoning there is no requirement that the special exception use be built.
There was a brief question and answer period and the Board learned that there are no
contingencies on the rezoning and the property is totally immersed with RM -8 zoning.
The Chairman asked if anyone else wished to be heard regarding this public hearing. There
was none. The Chairman closed the public hearing.
space.
MOTION WAS MADE by Commissioner Neuberger,
SECONDED by Commissioner Lowther, to approve staff's
recommendation.
Discussion continued.
Commissioner Ginn said in the future she would like to see requirements for open green
Director Boling said at least 70% of the required open space has to be green. They do not
consider green space, but they do consider open space.
Chairman Macht commented that it was time to review those regulations.
Commissioner Ginn agreed.
In reply to Commissioner Neuberger questioning the negative votes of the Planning and
Zoning Commission (4-2), Director Boling guessed that it was a traffic issue. He believed one of
the negative votes was not to add an access to Indian River Boulevard.
Discussion continued regarding access to Indian River Boulevard. In this case, there is a
separate owner of the ALF from the owner of the duplex and the duplex owner did not want access
at 41" Street because they did not want the ALF going through their residential area. Comments
were made that eventually there will be nothing but driveways onto Indian River Boulevard, and
DECEMBER 16, 2003 24
developers were encouraged to access intersecting roads. The Boulevard was designed to have
cuts at common property lines so there could be maximum shared access points and because they
have Grand Harbor it should never have the traffic impact as seen on US -1.
The Chairman CALLED THE QUESTION and the motion
carried 4-1, Commissioner Ginn opposed. (The Board
adopted Ordinance 2003-044, amending the zoning ordinance
and the accompanying zoning map for approximately 6.65
acres located on the northeast corner of Indian River
Boulevard and 41" Street, from RS -6, single-family
residential district (up to 6 units/acre), to RM -8,
multiple -family residential district (up to 8 units/acre); and
providing codification, severability, and effective date, and
(CLERK'S NOTE: SEE ITEM 9.A.7) the Board found that it
is empowered under the provisions of Chapter 971 to review
the special exception applied for; the granting of the special
exception will not adversely affect the public interest; the
application satisfied the general and specific criteria required
for special exception approval; and the conditions stated
below are adequate to ensure compatibility between the
special exception use and surrounding land uses; and granted
the special exception use approval for the Harbor Place
Assisted Living facility use, with the following conditions:
1. Prior to site plan release for phase two, the applicant shall
execute a unity of title between the phase two project area and
the adjacent parcel to the east (Regency Park);
Prior to the issuance of a certificate of occupancy for the
ACLF, the applicant shall:
DECEMBER 16, 2003 25
a. Construct a northbound right -turn lane on Indian River
Boulevard at the project entrance
b. Construct or bond -out the required Indian River
Boulevard sidewalk; and
c. Construct or bond -out the required 41St Street sidewalk.
9.A.5. PUBLIC HEARING - SPECIAL EXCEPTION USE FOR A
PLACE OF WORSHIP - SOUTH SIDE OF 9TH STREET SW
(OSLO ROAD), EAST OF 9TH COURT SW - BETHLEHEM
TEMPLE CHURCH, INC. (OUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling used a Powerpoint presentation (copy on file) to show the
site plan proposed for a place of worship. This application meets all the criteria as detailed in his
memorandum and the Planning and Zoning Commission voted 6-0 recommending for the Board's
approval.
There was a brief question and answer period when the Board learned that the large oak
trees are being preserved and the wooded area will remain wooded. There will be some paved
parking spaces near the building, however they do allow stabilized spaces to be grass for places of
worship because they are infrequently used.
The Chairman opened the public hearing and asked if anyone wished to be heard regarding
this matter. There being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Lowther, the Board unanimously found that it
DECEMBER 16, 2003 26
is empowered under the provisions of Chapter 971 to review
the special exception use applied for; the granting of the
special exception use will not adversely affect the public
interest; and the application satisfied the general and specific
criteria required for special exception approval; and granted
the special exception use approval for the proposed place of
worship, as recommended in the memorandum.
9.A.6. PUBLIC HEARING - SPECIAL EXCEPTION USE FOR A
COUNTRY CLUB - 45TH STREET AND INDIAN RIVER
BOULEVARD - THE BOULEVARD VILLAGE AND TENNIS
CLUB - SALT MINE LLC (OUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling used a Powerpoint presentation to display the site map and
review the surrounding property zoning. The purpose of this request is to develop a country club
facility within a proposed residential development. In an RM -6, residential multi -family zoning
district a club facility is allowed as a special exception use. The location is at the southwest corner
of 45th Street and Indian River Boulevard intersection. He explained when there is multiple
recreational uses it is treated as a country club in response to Commissioner Ginn's inquiry.
The Chairman opened the public hearing and asked if anyone wished to be heard regarding
this matter.
Steve Moler, 1425 14th Avenue of Masteller and Moler, Inc. thanked staff for working
with them on the project and said he would be happy to answer any questions.
DECEMBER 16, 2003 27
The Chairman asked if anyone else wished to be heard regarding this matter. There being
none, the Chairman closed the public hearing.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Adams, the Board by a 4-1, Commissioner
Ginn opposed, found that in conjunction with the
recommended conditions it is empowered under the
provisions of Chapter 971 to review the special exception use
applied for; the granting of the special exception use will not
adversely affect the public interest; and the application
satisfied the general and specific criteria required for special
exception approval; and granted special exception use
approval for the country club use with the following
conditions:
1. Prior to issuance of a certificate of occupancy for the
project, the applicant shall:
a. Construct a southbound right -turn lane on Indian
River Boulevard at the project entrance;
b. Construct or bond -out the required Indian River
Boulevard sidewalk; and
C. Construct all required landscape buffers
2. After issuance of a C.O., the applicant must make any
necessary adjustments to site lighting to ensure
compliance with the light shielding buffers, all as
recommended by staff in their memorandum dated
December 9, 2003.
DECEMBER 16, 2003 28
9.A.7. PUBLIC HEARING - SPECIAL EXCEPTION USE FOR AN
ADULT CONGREGATE LIVING FACILITY - HARBOR
RETIREMENT ASSOCIATION HARBOR PLACE ASSISTED
LIVING FACILITY (OUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
(CLERK'S NOTE: THIS PUBLIC HEARING WAS HEARD IN CONJUNCTION WITH ITEM
9.A.4, BUT THE MOTION IS PLACED HERE FOR CONTINUITY.)
The Chairman CALLED THE QUESTION and the motion
carried 4-1, Commissioner Ginn opposed. (The Board
adopted Ordinance 2003-044, amending the zoning ordinance
and the accompanying zoning map for approximately 6.65
acres located on the northeast corner of Indian River
Boulevard and 41" Street, from RS -6, single-family
residential district (up to 6 units/acre), to RM -8,
multiple -family residential district (up to 8 units/acre); and
providing codification, severability, and effective date, and
(CLERK'S NOTE: SEE ITEM 9.A.7) the Board found that in
conjunction with the recommended conditions it is
empowered under the provisions of Chapter 971 to review the
special exception use applied for; the granting of the special
exception use will not adversely affect the public interest; and
the application satisfied the general and specific criteria
DECEMBER 16, 2003 29
required for special exception approval; and granted the
special exception use approval for the Harbor Place Assisted
Living facility use, with the following conditions:
1. Prior to site plan release for phase two, the applicant shall
execute a unity of title between the phase two project area and
the adjacent parcel to the east (Regency Park);
Prior to the issuance of a certificate of occupancy for the
ACLF, the applicant shall:
a. Construct a northbound right -turn lane on Indian River
Boulevard at the project entrance
b. Construct or bond -out the required Indian River
Boulevard sidewalk; and
c. Construct or bond -out the required 41St Street sidewalk.
9.A.8. PUBLIC HEARING - RESOLUTION 2003-166 - PAVING AND
DRAINAGE IMPROVEMENTS - 34TH AVENUE FROM 12TH
STREET TO 14TH STREET, VERO PARK SUBDIVISION NO. 2
(UNRECORDED) - IRC PROJECT NO. 0126
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Engineer Christopher Kafer reviewed the location and details of this request as
stated in the memorandum (copy on file). Property owners along the front footage of this project
signed a petition indicating 72% are in favor. He said preliminary construction plans and a total
cost estimate of $100,909.66 were completed. The property owners would pay 75% of the cost
and the County would pay 25%. There would be an additional 2% collection fee for the
assessment bringing the total to $77,195.90 to be borne by the property owners (24 cents per sq.
ft.). On November 12, 2003, a public information meeting was held for the property owners and
DECEMBER 16, 2003 30
they had two primary concerns; one was speed on the roadway. The existing traffic goes fast
through there, and they requested some type of control, speed bumps or reduced speed signs. The
other concern was the volume of traffic. This road serves as a collector road rather than a local
road. The traffic division analysis showed the average speed is 20 miles per hour. The volume is
very low and consistent with local road traffic.
There was some discussion and explanation regarding staff's definition of local roads and
collector roads.
Commissioner Adams reminded the Board this issue is on paving.
Chairman Macht inquired if this paving will alleviate the flooding that has occurred at 12th
Street at the foot of 34th Avenue and 4211d Street.
Public Works Director James Davis responded to the Chairman's question explaining that
this project should improve the drainage on 34th Avenue, but it will not go beyond that. It is a
difficult area to drain and it is more a regional problem than a local problem.
Commissioner Ginn wanted to know if it was possible to pay 50% of the cost for building
roads without presenting a problem.
Director Davis said the funds are needed for expansion and should the Board decide to pay
more of the cost on the local roads he feared it will leave less revenue to pay for the collector and
arterial roads.
Commissioner Adams thought it was significant that they acquired 72% in favor of paving
the roads and she felt that was wonderful.
The Chairman opened the public hearing and asked if anyone wished to be heard regarding
this matter. There being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously adopted
Resolution 2003-166, confirming the assessment roll for
certain paving and drainage improvements to 34th Avenue
from 12th Street to 14th Street in Vero Park Subdivision No. 2
(unrecorded) I.R.C. Project No. 0126.
DECEMBER 16, 2003 31
9.B.I. PUBLIC DISCUSSION ITEM
None.
9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON JANUARY 6, 2004
9. C. I. VAN BERGEN & HENDRY'S SUBDIVISION PETITION WATER
SER VICE —IRC PROJECT NO. UCP -2325 -RESOLUTION III
9.C2. AMENDMENTS TO ATTACHMENT I OF SWDD RESOLUTION 95 -OI
PROPOSED RAISING OF C'ERTAINRATES AT THE LANDFILL
Executive Aide Kim Massung read the notices into the record.
DECEMBER 16, 2003 32
11.A.1 WEST COUNTY INDUSTRIAL PARK HEIGHT EXCEPTION
LAND DEVELOPMENT REGULATION AMENDMENT
MOTION WAS made by Commissioner Adams,
SECONDED by Commissioner Neuberger, to approve staff's
recommendation.
Commissioner Ginn opened the discussion recommending the setback be increased
approximately 2,000 feet from I-95 and 1,000 feet from the arterial major collector roadways, and
to place taller structures at the back of the property.
Commissioner Neuberger recommended decreasing the setbacks,moving it closer to I-95.
There was a question and answer period and Planning Director Stan Boling informed the
Board that the proposed industrial park is about 2400 feet west of I-95 at its closest point and about
2500 feet deep from the north side of State Road 60.
Commissioner Ginn felt it was too small, but according to the criteria as stated in the
backup it is 40 acres or larger in size.
Director Boling said that the plan could be modified with suggestions from the Board.
County Attorney Collins said this item has to come back to the Board as an amendment to
the ordinance and staff is asking for direction.
Director Boling understood that the Board wants substantial setbacks from State Road 60
and I-95, more than what is in the backup.
Renee Renzi, 343 Waverly Place, questioned whether something like this would affect the
uniformity across the County.
Chairman Macht explained that this is confined to a specific area for a specific purpose.
DECEMBER 16, 2003 33
Acting County Administrator Joseph Baird wondered whether a setback of 1,000 feet from
State Road 60 would hinder the project and Director Boling replied that it depends on where the
project is placed.
Robert Johnson, 535 39th Court SW, asked for a clarification as to whether the County
intends to waive the utility fees for the Industrial Park. He referred to the 1994 tax referendum
where the taxpayers agreed there would be no tax breaks by the County. This proposed agreement
says the County may not request reimbursement from the developer.
Commission Ginn recalled that the voters twice defeated tax incentives.
Acting Administrator Baird explained that any agreement would have to come to the
Board. He said we do have a jobs incentive and impact fees will be calculated. They have to be
approved by the Board but that has not yet been discussed.
To clarify any confusion, Community Development Director Robert Keating reminded the
Board that this request is for a Land Development Regulation amendment. He explained that it
does not relate to a specific piece of property and could relate to several properties along I-95.
They do have a specific end user for one piece of property in the proposed Industrial Park on the
north side of State Road 60 west of I-95 that the County talked about being the potential recipient
of the County incentives. He continued that staff discussing a planned development rezoning for
the project that would actually establish the park and give the developers an opportunity to
proceed. In addition, they are discussing with the developer an opportunity for him to take
advantage of specific incentives involving the County providing funding for water and sewer
improvements within the park only after approval by the Board.
Chairman Macht summarized that we are talking about 250 well paying jobs at a time in
our County's history when we need meaningful employment. The estimated establishment cost of
the facility is $80 million dollars. The Board needs to consider that this is the ad valorem value
which will be added to our tax base. Industries of this kind not only pay for themselves, but for
many other things. It is extremely important that we do what we can to enable this facility.
DECEMBER 16, 2003 34
The Chairman CALLED THE QUESTION and the motion
carried unanimously, directing staff to initiate a formal LDR
amendment for a west county industrial park height exception
and to increase the proposed setbacks from State Road 60 and
I-95 as discussed.
11.B.1 PURCHASE OF A ONE-YEAR 800 MHz SOFTWARE LICENSE
FROM COMMUNICATIONS INTERNATIONAL, INC.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously approved
the purchase of a one-year 800 MHz software license
agreement from Communications International, Inc. in the
amount of $74,000, as recommended by staff in their
memorandum dated December 4, 2003.
11.C. STEALTH CELLULAR COMMUNICATIONS TOWER AT
SOUTH COUNTY REVERSE OSMOSIS PLANT - SBA
General Services Director Tom Frame said SBA is a local company who proposed a
camouflaged flagpole with a flag that actually is a communications tower to be erected at the South
County Reverse Osmosis Plant (photo is on file). They have established a minimum criteria and
pointed out this calls for a co -share of 50% on all the co -locates on the tower. In this proposal they
are requesting 50% of the revenue that the primary telecommunications company would receive
from the co -locates. The masonry wall is an item that they would negotiate and is optional and at
this particular tower it may not be necessary.
There was a brief discussion regarding co -locates.
DECEMBER 16, 2003 35
Director Frame said that would be an item that they would negotiate. At this particular
tower it may not be a necessity.
Chairman Macht jested that it could be put up as a memorial wall for county
commissioners that want to be buried inside.
Director Frame continued explaining that the base is an equipment area and vegetation can
be used as further camouflage.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously authorized
staff to initiate a bid package that would provide for the
building of a multi -tenant communications tower disguised as
a flagpole with an associated ground lease on a selected site at
the South County Reverse Osmosis Water Treatment facility.
The minimum bid for monetary compensation to the County
is suggested to be an initial one-time contribution of $10,000,
a minimum annual rent of $15,000, and a 50% split of rents
from collocaters. In addition to the minimum economic
requirements, staff feels that as a minimum, the following
conditions of a future lease agreement should also be included
within the scope of the proposed bid:
1. Flag and flag pole will be maintained by tenant — in a
clean condition and in good repair — subject to
County's approval
2. Flag will be of sufficient size to be reasonably
proportional to pole
3. Flag will be illuminated by tenant
4. Flag will be fitted with hardware so flag can be flown
at half mast and lowered when necessary
DECEMBER 16, 2003 36
5. Equipment site is screened from public view by
existing foliage. Any additional screening required to
meet requirements of County shall be provided and
maintained by tenant,
6. Decorative masonry wall may be required
7. 5 year lease with 4-5 year extensions
8. Lease shall be terminated if tenant is in default and
does not rectify situation within 60 days
9. All costs associated with placing and maintaining
pole will be at tenant's expense
10. Entrance to the exterior skin of pole will be below
ground level
11. Tenant must get appropriate approvals at its expense
from FAA, Water Management Districts, and other
permitting or regulatory agencies.
12. Tenant will remove all above ground equipment at
tenant's expense if lease is terminated.
13. Tower Pole shall be designed to accommodate at least
three additional collocating carriers.
14. Tenant shall be responsible for all personal and real
property taxes that are attributable to tenant and
collocating entities
15. Tenant responsible for any damages to County
property caused by tenant or collocating entity
16. Tenant not to generate, store or dispose of hazardous
waste at site
This is not an all-inclusive list of issues that need to be
included within an agreement, but they were deemed
DECEMBER 16, 2003 37
important to be provided within the bid solicitation, as
recommended by staff in their memorandum dated
December 9, 2003.
11.D. EMERGENCY SERVICE BATTALION CHIEFS
COLLECTIVE BARGAINING AGREEMENT - TEAMSTERS
LOCAL UNION NO. 769, DECEMBER 16, 2003 TO
SEPTEMBER 30, 2006
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
EMS Battalion Chiefs collective bargaining agreement with
Teamsters Local No. 769 from December 16, 2003 through
September 30, 2006, as recommended by staff in their
memorandum dated December 5, 2003.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.D.2. CAFETERIA BENEFIT PLAN - STATUS UPDATE
No action required or taken.
DECEMBER 16, 2003 38
11.I.1. DISCUSSION ON ROAD PAVING AT FAIRGROUNDS
MOTION WAS MADE by Commissioner Lowther,
SECONDED by Commissioner Neuberger, to approve
Alternative No. 1 of staff's recommendation in their
memorandum dated December 9, 2003. (This motion was
amended later in the meeting.)
Commissioner Adams felt that the paving should be completed on all surrounding roads at
the fairgrounds including the agricultural building. Her concern is that the funds to pave this road
are coming from the local option sales tax and wondered if the Soccer Association would be
willing to contribute toward the project.
Commissioner Lowther was in favor of amending his motion to include
the loop in front of the agricultural building.
Discussion continued and staff questioned if there was adequate reserve
in the sales tax contingency fund, and Acting Administrator Baird said the cost
may more than double with those inclusions, and suggested coming back with
some figures.
MOTION WAS AMENDED by Commissioner Lowther,
SECONDED by Commissioner Neuberger, for staff to bring
back a cost estimate that includes the paving of the loop in
front of the agricultural building.
DECEMBER 16, 2003 39
The Chairman CALLED THE QUESTION and the amended
motion carried unanimously. The Board directed staff to bring
back a cost estimate to pave from 58th Avenue on all the
surrounding fairground roads including the loop to the
agricultural building, and authorized to contact the Soccer
Association for their cooperation in contributing towards this
project.
11.L2. RIGHT-OF-WAY ACOUISITION - 82ND AVENUE -
AMERITREND OFFICE PARK - AMERITREND COMMERCE
CENTER, LLC
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously approved
the right-of-way purchase in the amount of $26,250.00, and
authorized the Chairman to execute the contract, as
recommended by staff in their memorandum dated December
2, 2003.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
DECEMBER 16, 2003 40
11.I.3. OSLO ROAD/43" AVENUE BRIDGE REPLACEMENT AND
ROADWAY WIDENING ENGINEERING SERVICES -
AMENDMENT NO. 2 - KIMLEY-HORN AND ASSOCIATES,
INC.
MOTION WAS MADE by Commissioner Adams,
SECONDED by Vice Chairman Ginn, to approve staff's
recommendation.
Under discussion, Community Development Director Robert Keating said that the
consultant has redesigned their plans increasing the five -lane widening distance by 200' at no
additional cost.
Robert Johnson, 535 39th Court SW, asked for an explanation of differences between the
Oslo Road bridge and the construction of the bridge being built.
Director Keating explained the two bridges will be almost identical. The bridge over the
Lateral B canal will be a little longer, but both bridges will have 5 -lanes.
The Chairman CALLED THE QUESTION and the motion
carried unanimously. (The Board approved Amendment No.
2 with plans to widen an additional 200' at no additional cost.
AMENDMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.L4 BID #5099 - KITCHING STATION TRAILHEAD - PROJECT
NO. 0219 - DEPARTMENT OF ENVIRONMENTAL
DECEMBER 16, 2003 41
PROTECTION - FDEP $150,000 GRANT (BARTH
CONSTRUCTION CO., INC.)
ON MOTION by Vice Chairman Ginn, SECONDED By
Commissioner Adams, the Board awarded Bid 45099 to Barth
Construction Co., Inc. with changes that include eliminating
the parking area, allowing parking for this facility to be served
by the existing parking area at the North County Aquatic
Center; approved the sample agreement and authorized the
Chairman to execute said agreement when required
performance and payment bonds have been submitted along
with appropriate certification of insurance and the County
Attorney has approved the agreement as to form and legal
sufficiency; authorized the Chairman to sign the two FDEP
Agreements No. S0017, Amendment No. 1. Funding will
come from an FDEP Grant in the amount of $150,000.00;
$141,352.00 will be for the construction of the Kitching
Trailhead and $5,000.00 for the exhibits from the Historical
Society.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.I.5 DEVELOPER'S AGREEMENT - INTERSECTION WIDENING
OF STATE ROAD 60 AND 58TH AVENUE - WOODFIELD AT
VERO BEACH PLANNED DEVELOPMENT - EOUITY
INVESTMENTS, LLC.
DECEMBER 16, 2003 42
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously approved the
Developer's Agreement for the widening of the intersection at
State Road 60 and 58th Avenue with Equity Investments,
LLC., as requested in the memorandum dated December 1,
2003. (Alternative No. 1)
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
12.A. COUNTY ATTORNEY/CLIENT SESSION - NICHOLSON,
TRUSTEE VS INDIAN RIVER COUNTY
(CLERK'S NOTE: The Board delayed this item until 3:30 p.m. in order for the court
reporter to attend. The regular meeting continued, recessed at 12:57 P.M., and reconvened at 3:30
p.m. in the Commission Chambers in closed session. All members were present except
Commissioner Adams was absent. This item is placed here for continuity.)
Chairman Macht reconvened the regular meeting at 3:30 p.m., announcing that this
attorney/client session will last approximately one hour. He read the memorandum (copy on file)
detailing the purpose of this session. Those in attendance were Chairman Kenneth R. Macht, Vice
Chairman Caroline D. Ginn, Commissioner Thomas S. Lowther, and Commissioner Arthur R.
Neuberger. Commissioner Adams was absent. Also present were County Attorney William G.
Collins II, Assistant County Attorney Marion Fell, Acting County Administrator Joseph A. Baird,
County Outside Counsel Chester Clem and a certified court reporter.
DECEMBER 16, 2003 43
(CLERK'S NOTE: EXECUTIVE AIDE KIM MASSUNG AND DEPUTY CLERK
MARIA SUESZ LEFT THE MEETING AT 3:30 P.M. AND REJOINED THE REGULAR
MEETING AT 3:48 P.M., AT THE END OF THE ATTORNEY/CLIENT CLOSED SESSION.)
The Chairman reconvened the regular meeting at 3:48 p.m. with the same members present
and called for a motion on the outside counsel's recommendation for settlement.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote,
(Commissioner Adams absent) unanimously accepted outside
counsel's recommendation for settlement.
(CLERK'S NOTE: THIS PORTION OF THE MEETING ADJOURNED AT 3:50 P.M.)
13.E. COMMISSIONER ARTHUR R. NEUBERGER - INDIAN
RIVER HOSPITAL DISTRICT BOARD OF TRUSTEES LEASE
EXTENSION
Commissioner Neuberger had read articles that the Hospital District wanted to extend their
lease. He was concerned as to why the lease was not going out for bids;, why they are not waiting
until after the elections (5 members are up for reelection in 2004); whether the hospital is working
in a deficit position or there is a surplus; who owns the spin off companies; and why they have a
problem with the Sunshine Law. He was unsure if the Hospital District Board is acting in the best
interest of the public or the best interest of the hospital. He wanted to know if the Board wished to
set up an oversight committee or leave matters up to the District board.
Charlie Wilson, 1057 6th Avenue, as a citizen, has taken an in depth look at the situation at
the hospital. He said the hospital administration and District Board have taken steps limiting
access to the public. The whole reason for doing this is they do not want the public involved in
DECEMBER 16, 2003 44
hospital affairs, which includes the bid process and looking at the lease extension. They
specifically want to block any public activity from interfering in the current operation of the
hospital. Mr. Wilson expressed a couple of reasons why the Board should have an interest in this
situation; 1) everyone in the county has a vested interest in what happens at the hospital, and 2) he
felt the Board should be concerned about what would happen to the building when the lease is up.
Mr. Wilson sees the problem to be that they have adopted a hands-off approach and that they are
trying to get their lease extension early with the existing Board because they do not want another
Board elected. He made the suggestion that the Board of County Commissioners take a closer
look at what is happening or invite the Hospital District Board Chairman to come to them and
explain what is going on.
Chairman Macht said they have in the past convened a joint meeting with the District
Board and it resulted in a few dramatic changes at the hospital.
Commissioner Neuberger felt that they should ask for a joint meeting and prevail upon
them to wait until after January 2005 before they do any serious consideration of extending the
lease.
Commissioner Adams said the District Board has the right to make their own decisions as
elected officials appointed by the Governor. She did not want the Board to overstep their statutory
duties and felt that is where they were heading.
Chairman Macht said their responsibilities fall under the Health and Welfare Florida
Statutes and they can accomplish what Commissioner Neuberger has requested by asking to have a
joint meeting.
Robert Johnson, 535 39th Court SW. thought the Board has the authority to oversee the
District Board since it is the taxpayers money that is granted to the hospital.
CONSENSUS WAS for the Chairman to write a letter to the
Hospital District Board of Trustees requesting a joint meeting.
14.A. EMERGENCY SERVICES DISTRICT
DECEMBER 16, 2003 45
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.
14.B. 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.
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
recessed at 12:57 p.m.
(CLERK'S NOTE: THE BOARD RECONVENED AT 3:30 P. M. FOR ITEM 12 AND
ADJOURNED AT 3:50 P.M.)
ATTEST:
DECEMBER 16, 2003 46
Jeffrey K. Barton, Clerk Kenneth R. Macht, Chairman
Minutes Approved:
BCC/MIS/3003Minutes
DECEMBER 16, 2003 47