HomeMy WebLinkAbout12/2/2003INDEX TO MINUTES
BOARD OF COUNTY COMMISSIONERS
MEETING OF DECEMBER 2, 2003
1. CALL TO ORDER............................................................................................... 1
2. INVOCATION..................................................................................................... 1
3. PLEDGE OF ALLEGIANCE................................................................................ 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ............. 1
5.A. Proclamation Designating December 7, 2003 as Pearl Harbor Remembrance Day 2
6.A. APPROVAL OF MINUTES -SEPTEMBER 10, 2003 .......................................... 2
6.13. APPROVAL OF MINUTES - SEPTEMBER 17, 2003 ......................................... 3
7. CONSENT AGENDA........................................................................................... 3
7.A. Report Placed on File in the Office of the Clerk to the Board ..................... 3
7.13. Approval of Warrants................................................................................. 3
7.C. Approval of Warrants................................................................................. 3
7.1). Building Code Board of Adjustments and Appeals - Election of Dean
Leuthje, as Chairman and Peter Robinson, as Vice Chairman .................... 4
7.E. Environmental Control Hearing Board (ECHB) - Election of Alan
Polackwich, as Chairman, and Steve Snoberger, as Vice Chairman ............ 4
7.F. Payments to Vendors of Court Related Costs ............................................. 4
7.G. Choose Life License Plate Funding Annual Audit - Report to the Department
of Highway Safety and Motor Vehicles...................................................... 4
7.H. Temporary Water Service Agreement - Joshua Curtis Caudill .................... 5
7.I. Tropic Groves Galvanized Water Main, Services, and Meters Replacements
Project - George E. French, Labor Contractor - Pay Request No. 3 and Final
Payment..................................................................................................... 5
7.J. Bid No. 5052 - Whippoorwill Estates Water Assessments Project - Tri -Sure
Corporation - Release of Retainage and Final Payment to Contractor........ 6
7.K. Temporary Water Service Agreement with Roy H. and Ellen E. Scott........ 6
7.L. Resolution No. 2003-151 - Authorization for County Administrator, or His
1
Designee, to Sign Routine Temporary Water Connections ......................... 7
7.M. Pinnacle Grove Apartments - Pinnacle Grove, Ltd. - Developer=s Agreement
for Off -Site Sanitary Sewer Force Main Utilities and Reimbursement to
Developer - Final Payment......................................................................... 7
7.N. Resolution No. 2003-152 -Partial Easement at 1856 14th Avenue SW (Lot 7,
Block 153, Vero Beach Highlands Unit 4) -Frank and Patricia Comparato . 8
7.0. Florida Communities Trust (FCT) Grant Contract for Cost -Sharing Funding
to Acquire the AORCA South Link@ (Arendas) LAAO Site ........................ 8
7.P. Resolution No. 2003-153 - Partial Release of Easement at 840 37th Place -
Medical Service Center Subdivision - Requested by 820 Medical Building,
LLC............................................................................................................ 9
7.Q. Resolution No. 2002-154 - Partial Release of Easement at 920 37th Place -
Medical Service Center Subdivision - Requested by Flinchum Construction,
Inc. on Behalf of 37th Place Medical Center, LLC ..................................... 9
9.A.1. PUBLIC HEARING -ORDINANCE NO. 2003-036 - AMENDING SECTION
103.03.1, OF THE CODE TO PROVIDE THAT A SCHOOL BOARD
REPRESENTATIVE SERVE AS A NON-VOTING MEMBER OF THE
PLANNING AND ZONING COMMISSION........................................................ 9
9.A.2. PUBLIC HEARING - ORDINANCE NO. 2003-037 REZONING
APPROXIMATELY 22.08 ACRES FROM A-1 TO RS -3 AS REQUESTED BY
SARTOR LLC - SOUTH SIDE OF 12TH STREET EAST OF 54TH AVENUE
(Quasi-Judicial)................................................................................................... 13
9.A.3. PUBLIC HEARING - ORDINANCE NO. 2003-038 - APPROXIMATELY 135.77
ACRES REZONED FROM A-1 TO RS -3 REQUESTED BY SMIGIEL
PROPERTIES - WEST SIDE OF 43RD AVENUE NORTH OF 25TH STREET SW
AND SOUTH OF 17TH STREET SW (Quasi -Judicial) ...................................... 16
9.A.4. PUBLIC HEARING - ORDINANCE NO. 2003-039 - SMALL SCALE r 4 D U
AMENDMENT TO SWAP L,'11`dD US ' DEQj
Lf.GN n TIONc AMENDING LAND
USS DELQj
f.G r n TION AND ZONING ORDINANCE AND ZONING MAP FOR
.22 ACR ES ANB FOR APPROXIMATELY 2.99 ACRES FROM CH, HEAVY
COMMERCIAL DISTRICT, TO CG, GENERAL COMMERCIAL DISTRICT -
REQUESTED BY OSLO VENTURE LOCATED 38 FEET NORTH OF OSLO
ROAD AND EAST OF 43RD AVENUE (Quasi -Judicial) ................................ 20
9.13. CHARLES COX ON AFFORDABLE HOUSING .............................................. 27
9.C.1. PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED FOR DECEMBER
2
16, 2003.............................................................................................................. 27
a) Bethlehem Temple Church, Inc. - Request for Special Exception Approval
for a Place of Worship (Quasi -Judicial) .................................................... 27
b) Salt Mine, LLC - Request for Special Exception Use Approval for a Country
Club to be known as AThe Boulevard Village and Tennis Club@
(Quasi-Judicial)........................................................................................ 27
c) Harbor Retirement Association, Inc. - Request for Special Exception Use
Approval for an Adult Congregate Living Facility (Quasi -Judicial) .......... 28
d) Staff -initiated Request to Amend Land Development Regulations (LDRs) to
Create Section 911.21: The Roseland Corridor Special Development
Regulations (Legislative).......................................................................... 28
e) Pro Golf International Inc. - Request to Rezone V81 Acres from A-1,
Agricultural District (up to 1 unit/5 acres) to RM -6, Multi -Family residential
District (up to 6 units/acre) (Quasi -Judicial) ............................................. 28
f) William Marine - Request to Rezone V160 acres from A-1, Agricultural
District (up to 1 unit/5 acres) to RM -6, Multi -Family Residential District (up
to 6 units/acre) (Quasi-Judicial)................................................................ 28
g) Riverfront Groves - Request to Rezone 6.65 acres from RS -6, Single -Family
Residential District (up to 6 units/acre) to RM -8, Multiple -Family
Residential District (up to 8 units/acre) (Quasi -Judicial) ........................... 28
9.C.2. PUBLIC HEARING SCHEDULED FOR DECEMBER 9, 2003: ........................ 28
Repeal of Section 103.03 of the Indian River Code, Building Code Board of
Adjustment and Appeals, and Amending Code Sections 400.07 and 400.08 to
Change the Name of the Building Code Board of Adjustment and Appeals to the
Construction Board of Adjustment and Appeals .................................................. 29
10.A. RAFAEL MANOTAS - STATE OF FLORIDA DIVISION OF
ADMINISTRATIVE HEARING, OFFICE OF THE JUDGE OF
COMPENSATION CLAIMS, DISTRICT AI -NORTH@, INDIAN RIVER
COUNTY, OJCC NO. 03-024881PSL................................................................ 29
10.B. SERVICE AGREEMENT RENEWAL - BROWN & BROWN, INC. dba
PREFERRED GOVERNMENTAL CLAIM SOLUTIONS (PGCS) - THIRD
PARTY CLAIMS ADMINISTRATOR SERVICES ............................................ 30
I I.A. CONSIDERATION OF IMPACT FEE COMPARISON REPORT ..................... 30
I I.C. LCONTRACT WITH THE CITY OF VERO BEACH FOR PURCHASE FOR THE
CITY -OWNED PROPERTY AT THE PROPOSED SITE OF THE NEW
3
COUNTY ADMINISTRATION BUILDING (27TH STREET - TWO PARCELS
IN AND ONE PARCEL TO THE EAST OF BOOKER T. WASHINGTON
SUBDIVISION CONSISTING OF APPROXIMATELY 6.84 ACES AND
GENERALLY REFERRED TO AS THE CITY=S FORMER PUBLIC WORKS
FACILITY - DOES NOT INCLUDE THE LIFT STATION SITE) ..................... 32
I I.I.LRESOLUTION NOS. 2003-155 AND 2003-156 - PETITION PAVING AND
DRAINAGE IMPROVEMENTS - CITRUS GARDENS SUBDIVISION - 41ST
AVENUE BETWEEN 6TH STREET AND 8TH STREET - (RESOLUTIONS I &
II)........................................................................................................................ 33
11.I.2.INDIAN RIVER COUNTY PUBLIC WORKS MAINTENANCE COMPLEX -
INDIAN RIVER COUNTY/SCHOOL DISTRICT FLEET MAINTENANCE
FACILITY - HANSON PROFESSIONAL SERVICES, INC. - AMENDMENT
NO. 5 - PROFESSIONAL ARCHITECTURAL/ENGINEERING SERVICES
CONTRACT....................................................................................................... 35
11.I.3.4TH STREET WIDENING AND INTERSECTION IMPROVEMENTS (US#1 TO
600' WEST OF OLD DIXIE HIGHWAY) - KEITH & SCHNARS, INC. -
AMENDMENTNO. 5........................................................................................ 35
I I.J. RESOLUTION NOS. 2003-157 AND 2003-158 - VAN BERGEN & HENDRY=S
SUBDIVISION - PETITION WATER SERVICES - 77TH COURT & 77TH
TERRACE SOUTH OFF ROSELAND ROAD - PROJECT NO. UCP -2325
(RESOLUTIONS I & II)..................................................................................... 36
14.A. EMERGENCY SERVICES DISTRICT.............................................................. 37
14.13. SOLID WASTE DISPOSAL DISTRICT............................................................. 37
14.C. ENVIRONMENTAL CONTROL BOARD......................................................... 37
11
December 2, 2003
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1840 25111 Street, Vero Beach,
Florida, on Tuesday, December 2, 2003. Present were Kenneth R. Macht, Chairman;
Caroline D. Ginn, Vice Chairman; Commissioners Fran B. Adams; Thomas S. Lowther;
and Arthur R. Neuberger. Also present were Joseph A. Baird, Acting County
Administrator; William G. Collins II, County Attorney; Kimberly Massung, Executive
Aide to the Board; and Patricia Ridgely, Deputy Clerk.
1. CALL TO ORDER
The Chairman called the meeting to order at 9:00 a.m.
2. INVOCATION
Dr. Charles C. Lever, First United Methodist Church, delivered the invocation.
3. PLEDGE OF ALLEGIANCE
Acting Administrator Baird led the Pledge to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Macht requested that Charlie Cox be added under 9.13. to discuss
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affordable housing. (Clerk=s Note: Mr. Cox was not present later when the item was
reached.)
ON MOTION by Commissioner Adams, SECONDED BY
Vice Chairman Ginn, the Board unanimously added the above
item to the agenda.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. Proclamation Desianatine December 7, 2003 as Pearl Harbor
Remembrance Dav
Chairman Macht read the proclamation and presented it to Arnie Schwichtenberg,
president of the Indian River County Chapter 10 Pearl Harbor Survivors, who accepted
with thanks and invited everyone to Memorial Island on Sunday, December 7, 2003 at 7:55
at the flagpole for remembrance services.
Also present and spoke briefly were John Matthews, President of the Veterans
Council, and Joe Martorano, public relations officer for the Veterans Council.
6.A. APPROVAL OF MINUTES -SEPTEMBER 10, 2003
The Chairman asked if there were any corrections or additions to the Minutes of the
Special Meeting of September 10, 2003. There were none.
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Neuberger, the Board unanimously approved
the minutes of September 10, 2003, as written and distributed.
December 2, 2003
1
6.B. APPROVAL OF MINUTES - SEPTEMBER 17, 2003
The Chairman asked if there were any corrections or additions to the Minutes of the
Special Meeting of September 17, 2003. There were none.
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Neuberger, the Board unanimously approved
the minutes of September 17, 2003, as written and distributed.
7. CONSENT AGENDA
7.A. Report Placed on File in the Office of the Clerk to the Board
St. John=s River Water Management District Five Year Capital Improvements Plan
and Water Resource Development Work Program
Report of Convictions, October 2003
7.B. Approval of Warrants
ON MOTION by Commissioner Adams, SECONDED BY
Vice Chairman Ginn, the Board unanimously approved the list
of warrants issued by the Clerk for the period November 7-13,
2003, as requested.
7. C. Approval of Warrants
December 2, 2003
2
ON MOTION by Commissioner Adams, SECONDED BY
Vice Chairman Ginn, the Board unanimously approved the list
of warrants issued by the Clerk for the period November 14-20,
2003, as requested.
7.D. Buildine Code Board of Adjustments and Appeals - Election of
Dean Leuthie, as Charman and Peter Robinson, as Vice Charman
Noted the above elections for the record.
7.E. Environmental Control Hearine Board (ECRB) - Election of
Alan Polackwich, as Charman, and Steve Snobereer, as Vice
Charman
Noted the above elections for the record.
7.F. Pavments to Vendors of Court Related Costs
NO ACTION REQUIRED OR TAKEN.
7.G. Choose Life License Plate Fundine Annual Audit - Report to the
Department of Hiahwav Safetv and Motor Vehicles
December 2, 2003
3
ON MOTION by Commissioner Adams, SECONDED BY
Vice Chairman Ginn, the Board unanimously approved the
Annual Choose Life Specialty License Plate Report and
authorized the Chairman to execute the Report to the
Department of Highway Safety and Motor Vehicles, as
recommended in the memorandum.
COPY OF ANNUAL REPORT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.H. Temporary Water Service Aereement - Joshua Curtis Caudill
ON MOTION by Commissioner Adams, SECONDED BY
Vice Chairman Ginn, the Board unanimously approved the
Agreement with Mr. Joshua Curtis Caudill, as recommended in
the memorandum.
COPY OF AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.I. Tropic Groves Galvanized Water Main, Services, and Meters
Replacements Proiect - Georgie E. French, Labor Contractor - Pav
Request No. 3 and Final Pavment
ON MOTION by Commissioner Adams, SECONDED BY
Vice Chairman Ginn, the Board unanimously approved Pay
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Request No. 3 and final payment to George E. French, Labor
Contractor in the amount of $14,664.20, as recommended in
the memorandum.
DOCUMENTS WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
7.J. Bid No. 5052 - Whippoorwill Estates Water Assessments Proiect
- Tri -Sure Corporation - Release of Retainaze and Final Pavment to
Contractor
ON MOTION by Commissioner Adams, SECONDED BY
Vice Chairman Ginn, the Board unanimously approved Pay
Estimate No. 2 -Final as final payment to Tri -Sure Corporation
in the amount of $4,550.70, as recommended in the
memorandum.
DOCUMENT WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
7.K. Temporary Water Service Aereement with Rov H. and Ellen E.
Scott
ON MOTION by Commissioner Adams, SECONDED BY
Vice Chairman Ginn, the Board unanimously approved the
agreement with Roy H. and Ellen E. Scott, as recommended in
December 2, 2003
GJ
the memorandum.
COPY OF AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.L. Resolution No. 2003-151 - Authorization for County
Administrator, or His Designee, to Sian Routine Temporary Water
Connections
ON MOTION by Commissioner Adams, SECONDED BY
Vice Chairman Ginn, the Board unanimously adopted
Resolution No. 2003-151 authorizing the County
Administrator to execute routine temporary water connection
agreements on behalf of the Board.
7.M. Pinnacle Grove Apartments - Pinnacle Grove, Ltd. - Developer=s
Aereement for Off -Site Sanitary Sewer Force Main Utilities and
Reimbursement to Developer - Final Pavment
ON MOTION by Commissioner Adams, SECONDED BY
Vice Chairman Ginn, the Board unanimously approved Pay
Request No. 1 and final payment to Pinnacle Grove, Ltd., as
recommended in the memorandum.
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APPLICATION FOR PAYMENT WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
7.N. Resolution No. 2003-152 -Partial Easement at 185614th Avenue
SW (Lot 7, Block 153, Vero Beach Highlands Unit 4) -Frank and
Patricia Comparato
ON MOTION by Commissioner Adams, SECONDED BY
Vice Chairman Ginn, the Board unanimously adopted
Resolution No. 2003-152 releasing a portion of an easement on
Lot 7, Block 153, Vero Beach Highlands Subdivision Unit 4.
7.0. Florida Communities Trust (FCT) Grant Contract for
Cost-Sharine Fundine to Acquire the AORCA South Link@ (Arendas)
LAA C Site
ON MOTION by Commissioner Adams, SECONDED BY
Vice Chairman Ginn, the Board unanimously approved the
grant contract with Florida Communities Trust for the ORCA
South Link project and authorized the Chairman to execute
same, as recommended in the memorandum.
December 2, 2003
COPY OF CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
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7.P. Resolution No. 2003-153 - Partial Release of Easement at 840
3 7th Place - Medical Service Center Subdivision - Requested by 820
Medical Buildine, LLC
ON MOTION by Commissioner Adams, SECONDED BY
Vice Chairman Ginn, the Board unanimously adopted
Resolution No. 2003-153 releasing a portion of an easement on
Lots 9, 10 & 11, Medical Service Center Subdivision.
7. 0. Resolution No. 2002-154 - Partial Release of Easement at 920
37th Place - Medical Service Center Subdivision - Requested by
Flinchum Construction, Inc. on Behalf of 37th Place Medical Center,
LLC
ON MOTION by Commissioner Adams, SECONDED BY
Vice Chairman Ginn, the Board unanimously adopted
Resolution No. 2003-154 releasing a portion of an easement on
Lots 7, 8 & 9, Medical Service Center Subdivision.
9.A.1. PUBLIC HEARING - ORDINANCE NO. 2003-036 -
AMENDING SECTION 103.03.1, OF THE CODE TO PROVIDE THAT
A SCHOOL BOARD REPRESENTATIVE SERVE AS A NON-VOTING
MEMBER OF THE PLANNING AND ZONING COMMISSION
December 2, 2003
N.
PROOF OF PUBLICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
County Attorney Collins reviewed the history of the Interlocal Agreement with the
School District according to which they would be able to appoint a non-voting
representative to our Planning & Zoning Commission.
Commissioner Adams spoke in favor of giving the School Board=s appointee a vote,
and Chairman Macht agreed.
Community Development Director Robert Keating explained that staff had looked
at the law and model agreements which showed the representatives as non-voting members.
That was agreed to by County and School Board staff and put in the draft agreement. He
noted that the municipalities of Fellsmere, Sebastian, and Vero Beach were also parties to
the agreement and the School Board=s appointee would also be on their planning
committees.
Discussion ensued and it appeared there was consensus to allow the School Board
representative to have a vote.
Vice Chairman Ginn suggested limiting their representative=s voting activity to
issues relating solely to schools. Nevertheless, she was willing to try it, but believed it must
be monitored closely.
County Attorney Collins stated they could modify the ordinance at a later date.
The Chairman opened the public hearing and asked if anyone wished to be heard in
this matter.
Brian Heady, Vero Beach, spoke against having the School Board representative
having a vote on the Planing & Zoning Commission.
December 2, 2003
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John Williams, Smuggler=s Cove, supported giving the School Board=s
representative a vote on the Planning & Zoning Commission.
Renee Renzi, 340 Waverly Place, was gratified this has become a hot topic and
supported the motion. (Clerk=s Note: At this time, a motion had not yet been made.)
Jim Hill, a councilman from the City of Sebastian, agreed we should work closely
with the School Board but had a concern about having a School Board member on
Sebastian=s planning & zoning committee.
County Attorney Collins specified that it would be an Aappointee@ of the School
Board, not necessarily a School Board member.
Bruce Barkett, attorney on Beachland Boulevard, believed it will be important to
hear what the appointee of the School Board has to say, but cautioned against making that
person a member because many issues come before the P&Z that do not involve schools.
The Commissioners should also consider how many votes it would take for a quorum. He
believed this matter needed more study and additional input.
Commissioner Lowther estimated that about 90% of the P & Z items are growth
issues and do not deal with school issues.
Chairman Macht theorized the appointee would still be a citizen of the county and
able to react to an issue.
Mr. Heady suggested the Commissioners consult the County Attorney about
materially changing something advertised for a public hearing. It sounded like they might
totally reverse the published intent in this matter and he imagined there could be a problem
without advertising another public hearing.
Director Keating pointed out that the state law was passed to assist coordination
with school boards; having a non-voting representative is one of the ways to implement the
law.
December 2, 2003
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Commissioner Adams thought it was embarrassing that the Legislature had to put
this into law; we have already been working with the School Board.
In that respect, Director Keating commented we are ahead of the curve.
Commissioner Neuberger suggested that any vacancy to come up could be filled by
a School Board representative.
It was determined that no one else wished to be heard and the Chairman closed the
public hearing.
Before any motion, County Attorney Collins thought that some good concerns were
raised by both Mr. Heady and Mr. Barkett. He thought it might be a good idea to reorganize
and bring this back at the first meeting in January. He asked Director Keating if there was
any statutory deadline for implementation.
Director Keating responded that according to the interlocal agreement, it is to be
implemented by January 1St, whereupon Commissioner Lowther declared that he had no
problem with making this a non-voting representation.
ON MOTION MADE by Commissioner Lowther,
SECONDED BY Commissioner Neuberger, the Board by a
4-1 vote (Commissioner Adams opposed) adopted Ordinance
No. 2003-036 amending Indian River County Code Section
103.03.1 APlanning and Zoning Commission@ to add a School
Board Representative as a non-voting member; providing for
codification; providing for severability; and providing for an
effective date.
December 2, 2003
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9.A.2. PUBLIC HEARING - ORDINANCE NO. 2003-037
REZONING APPROXIMATELY 22.08 ACRES FROM A-1 TO RS -3 AS
REQUESTED BY SARTOR LLC - SOUTH SIDE OF 12TH STREET
EAST OF 54TH AVENUE (Quasi -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 made a Power Point presentation
showing the site and zoning of its surrounding properties. (Filed with the backup in the
office of the Clerk to the Board.) He also covered the rest of the main points of the
memorandum dated October 13, 2003 advising of the conclusion and recommendation of
staff to approve the request and adopt the proposed ordinance.
The Chairman opened the public hearing and asked if anyone wished to be heard in
this matter.
Brian Heady, Vero Beach, was opposed to increasing density and zoning. He
suggested putting a moratorium on zoning changes and urged them to stop the growth. He
believed that property values will go up if they do.
Chairman Macht agreed with some of Mr. Heady=s points, but asked County
Attorney Collins to explain about individual property rights.
County Attorney Collins explained that this county set up the Land Development
Regulations and the Comprehensive Plan. Someone has the right to make an application if
their request is consistent with the plans. He was not sure property values would go up if
we keep things as they are. If the goal is exclusivity; we may be affecting a taking of their
December 2, 2003
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property. He gave a full explanation of the Bert Harris Act and advised that it could
become very expensive for the County to buy up all the undeveloped property in the
county.
Chairman Macht maintained the real problem with the Bert Harris Act is that it takes
away the ability for the Board to utilize the Aup to@ unless there is some compelling public
reason for limiting the applicant=s request.
County Attorney Collins counseled that the Board could approve lesser densities
than the maximum based on concurrency or compatibility issues, and cautioned that they
need to make sure there is good and competent evidence to support their reasoning.
Vice Chairman Ginn thought the Board needed to do this more often.
Information and discussion ensued about the Bert Harris Act.
Commissioner Lowther stressed that our Comprehensive Plan needs changing, and
Vice Chairman Ginn agreed we need to get started in January on a review of our
Comprehensive Land Use Plan.
Frank Bordo, Arbor Trace development, new to Vero Beach, maintained that
something either grows or it dies. He believed it is important how you plan growth and is
important how the P & Z works with those involved. He strongly suggested a design group
be employed to plan growth to create the environment desired.
Chairman Macht was concerned there might be a misconception that the
Commission is trying to stop growth. He believed the Board is not against growth but
would like to have it more restrained. There is also the concern that some not so nice things
are going to come along with the growth. Some hard decisions need to be made or the bulk
of the county will be overwhelmed.
Vice Chairman Ginn believed the current rate of growth is beyond what we have
seen in the past.
December 2, 2003
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Director Keating stated that we are seeing much higher growth this year to the point
that it is explosive. This county saw growth in the 1980's but currently it seems like more
because we are coming off a low growth period.
Chairman Macht advocated attracting companies to our county which would bring
occupations that pay a living wage.
John Williams, Smugglers Cove, complimented the Commission on its obvious
wisdom in addressing the foreseen problems. He believed we need to find a way to slow
the growth and determine how it will not cost those of us here who have already paid. He
defended property rights, but development should not cost any of us an additional cent. He
suggested that each development should pay for new roads lest we Asubsidize our own
demise@and that all counties should come together to petition the State for changes in the
Bert Harris Act.
It was determined that no one else wished to be heard and the Chairman closed the
public hearing.
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Neuberger, the Board unanimously adopted
Ordinance No. 2003-037 amending the Zoning Ordinance and
the accompanying Zoning Map for approximately 22.08 acres
located approximately 430 feet east of 54tH Avenue on the
south side of 12tH Street, from A-1, Agricultural District (up to
1 unit/5 acres), to RS -3, Single -Family Residential District (up
to 3 units/acre); and providing codification, severability, and
effective date.
December 2, 2003
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(CLERK=S NOTE: Chairman Macht declared a brief recess at 10:10 a.m. The
meeting was reconvened at 10:20 a.m.)
9.A.3. PUBLIC HEARING - ORDINANCE NO. 2003-038 -
APPROXIMATELY 135.77 ACRES REZONED FROM A-1 TO RS -3
REQUESTED BY SMIGIEL PROPERTIES - WEST SIDE OF 43RD
AVENUE NORTH OF 25TH STREET SW AND SOUTH OF 17TH
STREET SW (Quasi -Judicial)
PROOF OF PUBLICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
Chairman Macht requested that in the future the Commissioners get an early
warning on any quasi-judicial items that will be coming up in order to guide themselves.
Community Development Director Robert Keating stated that his office will send notice as
soon as a project comes into his department.
Then, Director Keating reviewed the memorandum using a Power Point
presentation. (Filed with the backup in the Office of the Clerk to the Board.) He reviewed
all the criteria and consistencies and advised that staff recommended approval.
The Chairman opened the public hearing and asked if anyone wished to be heard in
this matter.
Shawn Smith, 2169 42'ld Court SW, noted there are active groves nearby. He feared
that slow draining/flooding problems currently experienced in his neighborhood would be
exacerbated with this proposed new development. He noted there is a health concern if
floods cause a back up of their septic tanks into their homes. He opposed this application
because the infrastructure is just not there and the school system is filling up quickly. All
December 2, 2003
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this new development is negatively impacting the available services. He believed 3 houses
per acre would cause too great an impact, but favored 1 per acre.
Brian Heady asked how much this developer will pay toward the new
administration building, new roads, new schools, et cetera, because new development is
creating the need. In his opinion, property values will go up if we stop the development.
Michael Rogers, a business and property owner who lives 7/10ths mile west of the
subject property on 27tH Street SW, agreed with Mr. Smith that one unit per acre would be
more appropriate. He predicted more housing along 43rd Avenue will cause a nightmare
when that road is closed for widening. He also expressed concern for flooding problems in
his area.
Chris Crawford was concerned about how to support the new Publix and other new
businesses in the area.
Bruce Barkett, representing the applicant, displayed an aerial photograph marked
up to show the subject site and urban service area boundary and noted that other developers
are coming to the area. This new project will require water and sewer. A traffic engineer
has done a study which has been approved by Public Works Director James Davis. He
specified that while drainage was not the subject of this meeting, stormwater management
regulations must be met. It is highly unlikely that the subject development would impact
neighboring drainage. He was available for questions.
Mr. Smith understood that the residents will have to pay for water when it comes
down that road, and Chairman Macht stated that would not necessarily be true.
John Williams commented that 405 units would mean 2500 trips per day minimum.
He asked for assurance from the Board that he would not have to help pay for this, because
he thought he would. He stated that the only thing in the state of Florida that has restrained
growth is gridlock, as sad as that sounds. He stressed that the Comprehensive Plan needs
December 2, 2003
16
to be revisited before 2007. He thought that there is an environmental impact to this area as
it is now semi -rural with active groves nearby. He thought these remarks should give the
Commissioners evidence that ABert Harris isn=t god@. He also believed the Board needs
to prepare this community and not be so afraid of Bert Harris. He also asked if the Property
Appraiser re -assesses property after it is rezoned from agricultural.
County Attorney Collins explained that state law on assessments requires the
Property Appraiser to reclassify lands as non-agricultural if the land has been rezoned to a
non-agricultural use at the request of the owner. There is another statute that says even
without a rezoning, if there is a sale of land for a purchase price three times or more the
agricultural exemption, it creates a presumption that it is non-agricultural. He assured
everyone that Property Appraiser David Nolte is very aggressive in eliminating agricultural
exemptions if he believes that the property is not being put to an agricultural use.
It was determined that no one else wished to be heard and the Chairman closed the
public hearing.
Vice Chairman Ginn asked if the Board could deny the request if they felt the roads
were not adequate, and Director Keating explained they could if it is shown by substantial
competent evidence that there is not adequate capacity.
County Attorney Collins interjected that the Plan has adopted levels of service for
certain roads and that is what the traffic analysis speaks to: is it meeting the adopted level
of service.
Discussion ensued about the numbers of units allowed on PDs versus regular
subdivisions.
County Attorney Collins then addressed the drainage concern and explained that
when the Comp Plan was adopted, a lot of the area in the southwest portion of the county
December 2, 2003
17
was planned for more intense residential development. When the Department of
Community Affairs said we had allocated way more residential area than really needed for
our projected growth, that was one of the areas that was targeted to roll back some of the
density, specifically because of the drainage problem. He suspected that when the property
comes in with the design, there may be some drainage limitations. It could very well be that
they do not get even 2-1/2 units per acre, if there are drainage problems, and they may have
to retain their runoff on site.
Commissioner Adams noted that the ditch drainage problems mentioned earlier are
under the management of one of the water control districts.
In response to Commissioner Lowther=s question, Director Keating advised that the
A-1 property just to the west (on other side of urban service area) of the subject property
would remain A-1.
Director Keating confirmed Vice Chairman Ginn=s understanding that the property
could be developed at 1 unit per 5 acres if the zoning is not changed.
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Neuberger, the Board by a 4-1 vote (Vice
Chairman Ginn opposed) adopted Ordinance No. 2003-038
amending the Zoning Ordinance and the accompanying Zoning
Map for approximately 135.77 acres located along the west
side of 431d Avenue, north of 25tH Street SW and approximately
608 feet south of 17tH Street SW, from A-1, Agricultural
District (up to 1 unit/5 acres) to RS -3, Single -Family
Residential District (up to 3 units/acre), and providing
codification, severability, and effective date.
December 2, 2003
(CLERK=S NOTE: Chairman Macht passed the gavel to Vice Chairman Ginn at
10:51 a.m. and exited the meeting. Chairman Macht returned to the meeting at 10:56 a.m.
during Director Keating=s presentation on the next item.)
9.A.4. PUBLIC HEARING - ORDINANCE NO. 2003-039 - SMALL
SrCALE LAND USF AMENDMENT TO SWAP LAND US -
DESIGNATIONS— AMENDING LAND USE DESIGNATION A TION A N
ZONING ORDINANCE AND ZONING MAP FOR .22 ACRES AND
FOR APPROXIMATELY 2.99 ACRES FROM CH, HEAVY
COMMERCIAL DISTRICT, TO CG, GENERAL COMMERCIAL
DISTRICT - REQUESTED BY OSLO VENTURE LOCATED 38 FEET
NORTH OF OSLO ROAD AND EAST OF 43RD AVENUE
(Quasi -Judicial)
PROOF OF PUBLICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating commented that this item is
different from the previous two. He reviewed the memorandum using a Power Point
presentation (A copy is on file with the backup in the Office of the Clerk to the Board.) to
explain that this is a small scale land use amendment that involves a swap and it is a
rezoning. He continued that there are three separate parts of the subject property under
consideration. He pointed out and described the properties and what would occur should
the Board approve the request. He also explained how surrounding properties would be
affected and what buffers would be in place. He noted that the purpose of the request is
two -fold: to allow the owner to have same commercial acreage and to down -zone the
property from heavy commercial to general commercial. He reviewed consistency and
specified that the property owner will be responsible for buffering. Staff has looked at
December 2, 2003
19
criteria and concurrency including traffic and the concurrency test has been met for this
project. Both requests are compatible with surrounding land usu, are consistent with the
Comprehensive Plan, meet the concurrency tests, and will have no environmental impact.
The request is supported by staff and was recommended by the Planning and Zoning
Commission. In response to questions, he explained small scale amendments and the
differences between CH and CG, and advised that the County has already purchased the
right-of-way property at residential rather than commercial prices.
There was discussion as to zoning in the immediate vicinity.
Vice Chairman Ginn expressed concern that the right-of-way purchase occurred
prior the matter coming to the Board for its decision.
The Chairman opened the public hearing and asked if anyone wished to be heard in
this matter.
Robert Johnson, 535 39tH Court SW, Coral Wind Subdivision, represented the 36
property owners in Coral Wind. He read from prepared remarks giving their concerns about
this rezoning. (CLERK=S NOTE: Mr. Johnson=s written remarks were submitted for the
record and are on file in the office of the Clerk to the Board.)
John Blum, the project engineer with Carter Associates, commented that CH zoning
does have large traffic generators but CG does not necessarily result in more traffic. The
land swap was a condition of the Developer=s Agreement. It was agreed upon by staff and
the property owner that by selling the right-of-way at residential prices, the property owner
would retain their commercial property.
Dr. Craig McGarvey, 615 39tH Court SW, Coral Wind, stated that the homeowners
are also concerned about change of usage. They are concerned about the swap and the
December 2, 2003
20
change from CH to RS -3. They are concerned about the encroachment, although small, it
is the beginning of a change that will impact traffic and traffic flow. They are concerned
that the property owner will request more changes in the future. The homeowners desire to
retain the buffers between the residential and commercial. He asked that the Board retain
in perpetuity the residential designation to the north of the commercial to act as a buffer to
the residential communities there. If the Commission would consider doing that, it would
reduce their concerns that a future Board of County Commissioners might change it. There
is also concern about the bridge which will create another entrance off 431d Avenue.
Mr. Blum wanted to bring out another point. A site plan does exist with a bridge,
but he thought that would be addressed when the site plan is submitted for approval.
Director Keating advised that a site plan has been reviewed. He did not like bringing
up site plan issues at a rezoning hearing because there is no guarantee that this would be
approved. The site plan submitted does involve a bridge over the 431d Avenue canal to
access the property. Staff is looking at it as any other submitted site plan and applying the
County=s Land Development Regulations (LDRs).
In response to Commissioner Neuberger, Mr. Blum advised that the distance to the
bridge from the intersection is 340 feet.
County Attorney Collins counseled that this Board cannot bind future Boards. He
would be very surprised for a request to extend commercial into that residential area. To
do so would required a Land Use Plan amendment which would require a minimum of two
more public hearings. That is the protection for future changes there.
Mr. Blum addressed the buffer issue advising that they have just under 600 feet
from the commercial line to the abutting residential zoning. There will be an acre and a half
for stormwater which leaves another two and a half acres of residential which allows for
a maximum of 5 units to provide an increased buffer. He has worked with staff for a year
December 2, 2003
21
and a half on the intersection=s improvements which ought to alleviate a lot of the traffic
concerns being raised.
Commissioner Lowther pointed out there are no other residential units along the
north side of Oslo Road from 431d Avenue to 27tH Avenue.
Frank Bordo, 4510 8th Lane SW, Arbor Trace, was surprised to learn this was
already a Adone deal@ (purchase of the right-of-way) and asked how that happened.
County Attorney Collins was unsure how it happened but specified that any contract
to buy for over $5,000 has to come to the Board.
Public Works Director James Davis explained that his office has been working on
the bridge replacement at 431d Avenue for several years, prior to the nearby Publix and this
rezoning request. It is customary to purchase right-of-way along any roads in the county.
He explained that it is allowed under our LDRs property that if a property has commercial
zoning and also has residential zoning attached to the parcel, the County can pay the
residential prices and the commercial zoning would shift a few feet to make the property
owner whole in terms of his commercially zoned property. The reason for the advancement
of the right-of-way purchase was simply because the bridge project was ready to go and
they had to get FPL to move a high voltage power line quickly. The poles had to be put
there before the road work began, so the County purchased the property in advance. It
actually resulted in a savings to the taxpayer by paying residential prices. He noted that the
residential subdivision is several hundred feet from the 38' strip.
Mr. Bordo thought there should have been some public notice so people would have
been aware of what was going on.
County Attorney Collins specified that notice on a right-of-way acquisition is not
required. It is something that would normally come before the Board for approval and
Director Davis stated that it had come to the Board at an earlier time.
December 2, 2003
22
Vice Chairman Ginn had a problem with that because the Commissioners did not
know the whole story.
Mr. Johnson asked if there could be discussion on moving the pharmacy location
so that the entrance and exit is on Oslo Road and not on a new bridge being built over a
lateral canal.
(CLERK=S NOTE: At approximately 11:31 a.m., Commissioner Adams &
Commissioner Lowther temporarily left the meeting.)
order.
Chairman Macht thought the history of this appeared to be happening in reverse
Commissioner Neuberger specified that right-of-way acquisition was required and
it would have been done either way.
Director Davis explained that an agenda memorandum in July disclosed that the
County was paying residential prices for the right-of-way and that the seller was entitled to
apply to the Community Development Department for an increase in the depth of their
commercial zoning. He noted that the Board could deny the rezoning and then staff would
probably have to go back to the seller and pay the higher (commercial) value for the same
right-of-way. Paragraph 8 in the right-of-way contract addressed this procedure.
(CLERK=S NOTE: At approximately 11:35 a.m., Commissioner Lowther returned
to the meeting.)
There was discussion as what type of development would be allowed on the
property should the rezoning be denied.
Commissioner Lowther advised that people are worried about extending the
December 2, 2003
23
commercial, and Director Keating understood the concern but specified that staff would
never recommend that the residential part of the property be changed to commercial. When
RM -3 comes in for development, a Type A3" buffer along the northern border will be
required. The LDRs call for either a Type AC @ buffer with a 3' opaque feature or a Type
A4" buffer with an opaque feature.
Jim Zengage introduced himself as the applicant and owner of the property.
Because of the controversy, he wanted to clear up things concerning the sale of the 38 feet
of right-of-way. He offered to forget the 38 feet from the rezoning and cut the line off at the
RM -3. They already have an acre and a half for water retention and this 38 feet will not
make or break this commercial zoning. Their intent is to change the industrial to CG and
do the retail development.
John Williams thought the developer did the correct thing and he appreciated the
gesture. He also thought the developer should go one step further and dedicate that
right-of-way. He also wanted assurance that the developer would pay every penny for that
bridge.
County Attorney Collins advised that we do require the developer to dedicate
right-of-way. We require them to dedicate up to 60 feet, which is the local minimum road
standard that anyone would need to properly access their property. When we go over and
above a local road acquisition for collector and arterial roads, it is to provide capacity for
the public at large that is traveling through that intersection and not just access to the
adjoining property.
Commissioner Lowther pointed out that Publix also built a bridge off 431d Avenue.
That takes traffic off the intersection and he thought this bridge would do the same.
Since the developer made his offer, Director Keating specified that the Board now
has a small scale land use amendment for the rezoning of 2.99 acres from CH to CG before
December 2, 2003
24
them, and they no longer were considering the .22 acres.
Mr. Johnson specified that the neighbors wanted to maintain the CH zoning and do
not want to see the property rezoned CG because of all the ramifications.
Vice Chairman Ginn noted that CG will result in more trips per day.
Director Davis wished to readdressed the bridge and traffic issues and advised that
this proposed Walgreens will function similarly to the other 5 existing in the county. They
all have restricted driveways that limit certain left -turn movements on to arterial roads or
they limit ingress. There will be 3 pharmacies in this area. The trend is the people will go
to the easiest one accessible. He pointed out it would be safer to have two entries to this
location rather than just one restricted off Oslo Rd.
In response to Commissioner Lowther, Director Davis explained the traffic
signalization that will occur at the intersection during the construction of the roadway. He
advised that he is going back to our engineer to change the intersection to a full 5 -lane
section and next week he would be coming back with a recommendation for a project on
Oslo Road from 58tH Avenue to Timberidge where 5 -lanes currently exist. The light will
function within 8 months at the most.
Ruth Livingston, 655 46tH Avene SW, was concerned about drainage easements
and hoped somebody is looking for where that water will go when this is all built out.
Director Davis responded that his office is going to review the drainage plan for the
project and make sure there is not an impact to surrounding properties. The new
developments have to throttle back their stormwater discharge to meet the Indian River
Farms Water Control District 2" discharge requirement.
(CLERK=S NOTE: At approximately 11:50 a.m., Commissioner Adams returned to
the meeting.)
December 2, 2003
25
Mr. Blum advised concerning the bridge which will have a full turning movement
and there will not be a long turnaround that someone had mentioned earlier. They have
conceptual approval from the SJRWMD to construct the bridge.
It was determined that no one else wished to be heard and the Chairman closed the
public hearing.
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board by a 4-1 vote (Vice
Chairman Ginn opposed) adopted Ordinance No. 2003-039
amending the Zoning Ordinance and the accompanying Zoning
Map for approximately 2.99 acres located 38 feet north of 9111
Street SW along the east side of 431d Avenue, from CH, Heavy
Commercial District, to CG, General Commercial District;
providing codification, severability, and effective date.
9.B. CHARLES COX ON AFFORDABLE HOUSING
Mr. Cox was not present when this item was called.
9.C.1. PUBLIC NOTICE ITEM - PUBLIC HEARING
SCHEDULED FOR DECEMBER 16, 2003
a) Bethlehem Temple Church, Inc. - Request for Special
Exception Approval for a Place of Worship (Quasi -Judicial)
December 2, 2003
26
b) Salt Mine, LLC - Request for Special Exception Use
Approval for a Country Club to be known as AThe Boulevard Villaze
and Tennis Club @ (Ouasi-Judicial)
c) Harbor Retirement Association, Inc. - Request for Special
Exception Use Approval for an Adult Conereeate Livine Facilitv
(Quasi -Judicial)
d) Staff -initiated Request to Amend Land Development
Regulations (LDRs) to Create Section 911.21: The Roseland Corridor
Special Development Regulations (Leeislative)
e) Pro Golf International Inc. - Request to Rezone V81 Acres
ftom A-1, Aericultural District (up to I unit15 acres) to RM -6,
Multi -Family residential District (up to 6 units/acre) (Quasi -Judicial)
P William Marine - Request to Rezone VJ60 acres from A-1,
Aericultural District (up to I unit15 acres) to RM -6, Multi -Family
Residential District (up to 6 units/acre) (Quasi -Judicial)
gj Riverfront Groves - Request to Rezone 6.65 acres from
RS -6, Single -Family Residential District (up to 6 units/acre) to RM -8,
Multiple -Family Residential District (up to 8 units/acre)
(Quasi -Judicial)
December 2, 2003
27
Executive Aide Kimberly Massung read the above into the record.
9.C.2. PUBLIC HEARING SCHEDULED FOR DECEMBER 9,
2003:
Repeal of Section 103.03 of the Indian River Code, Buildine
Code Board ofAdiustment and Appeals, and Amendine Code Sections
400.07 and 400.08 to Chance the Name of the Buildine Code Board of
Adjustment and Appeals to the Construction Board ofAdiustment and
Appeals
Executive Aide Kimberly Massung read the above into the record.
10.A. RAFAEL MANOTAS - STATE OF FLORIDA DIVISION OF
ADMINISTRATIVE HEARING, OFFICE OF THE JUDGE
OF COMPENSATION CLAIMS, DISTRICT AI -NORTH@,
INDIAN RIVER COUNTY, OJCC NO. 03-024881PSL
ON MOTION by Commissioner Adams, SECONDED BY
Vice Chairman Ginn, the Board unanimously approved the
settlement in the above -referenced workers= compensation
claim of Rafael Manotas in the amount of $72,800.00 as
detailed in the Mediation Conference Report and Mediation
Settlement Agreement Report, as recommended in the
memorandum.
December 2, 2003
DOCUMENTS WILL BE ON FILE
IN THE OFFICE OF THE CLERK OF THE COURT
WHEN EXECUTED AND RECEIVED
10.B. SERVICE AGREEMENT RENEWAL - BROWN & BROWN, INC.
dba PREFERRED GOVERNMENTAL CLAIM SOLUTIONS (PGCS) -
THIRD PARTY CLAIMS ADMINISTRATOR SERVICES
ON MOTION by Vice Chairman Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously approved
the renewal of Service Agreement with Preferred
Governmental Claim Solutions with annual costs projected to
be approximately $48,500.00, as recommended in the
memorandum.
SERVICE AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
I I.A. CONSIDERATION OF IMPACT FEE COMPARISON REPORT
Community Development Director Robert Keating reviewed a memorandum in the
backup and displayed a comparison of 2003 impact fees of Indian River, Brevard, Martin,
Osceola, Palm Beach, and St. Lucie Counties which had been put together by Long -Range
Planning Chief Sasan Rohani and his staff members (copy on file with the backup in the
office of the Clerk to the Board). He noted that Indian River County has enacted the least
impact fees and that other counties have enacted impact fees for a number of services, some
of which are quite significant. He explained that water and sewer fees are generally
December 2, 2003
29
collected through connection charges and that Palm Beach County implements their water
and sewer charges by meter size. Their charges are actually significantly higher that stated
in the backup because of pipe diameter. He specified that Table 3 shows charges for
various businesses, whereas Tables 1 and 2 are for single-family. These charts were put
together by staff as requested for information and staff has no specific recommendations
but is looking for any direction the Board wished to give.
Vice Chairman Ginn suggested this be referred back to departmental staff for their
recommendations on specific amounts.
Director Keating advised the County would need to hire a consultant for detailed
studies to make certain new fees are legally enforceable. He pointed out that we have
taxing districts that are county -wide and it would be appropriate to obtain concurrence from
the other jurisdictions to participate in those impact fees on the countywide districts. (i.e.
Emergency Services District and Solid Waste Disposal District).
Chairman Macht noted that the Town of Indian River Shores would be exempted
from the ESD because they fund their own emergency services.
Discussion ensued and it was thought that each city would have to adopt the
County=s fees.
County Attorney Collins opined that if we pass a countywide ordinance, any
municipality could pass their own ordinance to opt out if they chose to do so. Alternatively,
we could do just the unincorporated areas. He was certain that we would have to get a
consultant to do the data and analysis. The Board would have to establish what the level
of service they wanted and what the existing provisions are. He specified they could not
use impact fees to fund operating deficiencies that currently exist; they can only pay for the
impacts and new growth as it occurs.
Director Keating added that we would have to give credits if we use any revenue
December 2, 2003
30
sources for capacity -producing -improvements in any of the facilities. For example, on the
traffic impact fees we give credit for local option sales tax that is used for roadway building
capacity improvements. He specified that impact fees are very complex and detailed and
we would need experts from different fields, including economists and lawyers. He
suggested that staff could come back with a request for proposal for them to look at.
Acting Administrator Baird addressed Commissioner Neuberger=s question about
the additional charges made by other counties for education/school explaining that the
School Board is in the process of evaluating theirs now and would have to request the
County to add additional impact fees.
Commissioner Lowther thought Martin County seemed to be most like us with
respect to population.
Director Keating pointed out that MPO has a consultant now working on the traffic
impact fees. He hoped that would be completed the first of the year.
Chairman Macht thought that Indian River County might be the lowest taxed county
in the state, and Acting Administrator Baird responded that our general fund millage is the
2nd or 31d lowest in the state. We are among the lowest of the top 10 in the state including
our special districts in terms of overall taxes. If you factor out our Emergency Services
District, he thought we are among the lowest 5 counties in the state.
Speculations followed on future ad valorem taxes.
By CONSENSUS staff was directed Ato bring something back@ (an RFP for a
consultant) for the Board=s consideration.
11.C.1. CONTRACT WITH THE CITY OF VERO BEACH FOR
PURCHASE FOR THE CITY -OWNED PROPERTY AT THE
December 2, 2003
31
PROPOSED SITE OF THE NEW COUNTY ADMINISTRATION
BUILDING (27TH STREET - TWO PARCELS IN AND ONE PARCEL
TO THE EAST OF BOOKER T. WASHINGTON SUBDIVISION
CONSISTING OF APPROXIMATELY 6.84 ACES AND GENERALLY
REFERRED TO AS THE CITY=S FORMER PUBLIC WORKS
FACILITY - DOES NOT INCLUDE THE LIFT STATION SITE)
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously approved the
contract to purchase the property on 27111 Street for $860,000
from the City of Vero Beach, as recommended in the
memorandum.
COPY OF CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
1LL1. RESOLUTION NOS. 2003-155 AND 2003-156 - PETITION
PAVING AND DRAINAGE IMPROVEMENTS - CITRUS GARDENS
SUBDIVISION - 41ST AVENUE BETWEEN 6TH STREET AND 8TH
STREET - (RESOLUTIONS I & II)
MOTION WAS MADE by Commissioner Adams,
SECONDED BY Commissioner Neuberger, to approve staff=s
recommendation.
Under discussion, Vice Chairman Ginn asked for clarification on the number of
approvals received from property owners, and Public Works Director James Davis
explained that an assessment project can qualify in either one of two ways: by the number
of property owners in favor or by 2/3rds of the front footage ownership in favor. He was
December 2, 2003
32
unsure how this one qualified. He declared that only a few unpaved roads remain near the
urban areas and it is not cost-effective for County to send a grader in for short street.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously. (Resolution No. 2003-155
adopted providing paving and drainage improvements to 41St
Avenue between 6th Street and 8th Street in Citrus Gardens
Subdivision, providing the total estimated cost, method of
payment of assessments, number of annual installments, and
legal description of the area specifically benefitted.
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Neuberger, the Board unanimously adopted
Resolution No. 2003-156 setting a time (9:05 am on Tuesday,
January 6, 2004)and place at which the owners of property on
41St Avenue from 6th Street to 8th Street, Citrus Gardens
Subdivision, County Project #9922, and other interested
persons may appear before the Board of County
Commissioners and be heard as to the propriety and
advisability of making paving and drainage improvements to
said property as to the cost thereof, as to the manner of
payment therefor, and as to the amount thereof to be
specifically assessed against each property benefitted thereby.
December 2, 2003
33
11.I.2. INDIAN RIVER COUNTY PUBLIC WORKS
MAINTENANCE COMPLEX - INDIAN RIVER COUNTY/SCHOOL
DISTRICT FLEET MAINTENANCE FACILITY - HANSON
PROFESSIONAL SERVICES, INC. - AMENDMENT NO. 5 -
PROFESSIONAL ARCHITECTURAL/ENGINEERING SERVICES
CONTRACT
MOTION WAS MADE by Commissioner Neuberger,
SECONDED by Vice Chairman Ginn, to approve staff=s
recommendation.
Under discussion, Vice Chairman Ginn advised that she had previously discussed
her concern on this matter with Public Works Director James Davis and he had explained
to her that this project took longer because of cloud on the title.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously. (Amendment No. 5 to the
contract with Hanson Professional Services, Inc.(formerly
Hanson Engineers, Inc.) was approved and the Chairman was
authorized to execute same, as recommended in the
memorandum.)
AMENDMENT 5 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.3. 4TH STREET WIDENING AND INTERSECTION
IMPROVEMENTS (US#1 TO 600' WEST OF OLD DIXIE HIGHWAY)
- KEITH & SCHNARS, INC. - AMENDMENT NO. 5
December 2, 2003
34
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Neuberger, the Board unanimously approved
Amendment No. 5 to the contract with Keith & Schnars, Inc. in
the amount of $10,000 and approved partial release of
retainage and final payment for design services in the amount
of $27,244.57, as recommended in the memorandum.
AMENDMENT 5 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.J. RESOLUTION NOS. 2003-157 AND 2003-158 - VAN BERGEN &
HENDRY=S SUBDIVISION - PETITION WATER SERVICES - 77TH
COURT & 77TH TERRACE SOUTH OFF ROSELAND ROAD -
PROJECT NO. UCP -2325 (RESOLUTIONS I & II)
ON MOTION by Vice Chairman Ginn, SECONDED BY
Commissioner Neuberger, the Board unanimously adopted
Resolution No. 2003-157 providing for water main expansion
to Ven Bergen & Hendry=s Subdivision (77tH Court and 77tH
Terrace south of Roseland Road) in Indian River County,
Florida; providing the total estimated cost, method of payment
of assessments, number of annual installments, and description
of the area to be served.
ON MOTION by Vice Chairman Ginn, SECONDED BY
Commissioner Neuberger, the Board unanimously adopted
Resolution No. 2003-158 setting a time (Tuesday, January 6,
December 2, 2003
35
2004) and place at which the owners of properties, located in
Van Bergen & Hendry=s Subdivision (77tH Court and 77tH
Terrace south of Roseland Road) in Indian River County,
Florida, and other interested persons, may appear before the
Board of County Commissioners of Indian River County and
be heard as to the propriety and advisability of constructing the
water main extension, as to the cost thereof, as to the manner
of payment therefor, and as to the amount thereof to be
specially assessed against each property benefitted thereby.
14.A. EMERGENCY SERVICES DISTRICT
None.
14.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment, the Board would
reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those
Minutes are being prepared separately.
14.C. ENVIRONMENTAL CONTROL BOARD
The Chairman announced that immediately upon adjournment of the Solid Waste
Disposal District, the Board would reconvene as the Board of Commissioners of the
Environmental Control Board. Those Minutes are being prepared separately.
December 2, 2003
36
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, upon motion duly made and seconded, the
Chairman adjourned the meeting at 12:06 p.m.
ATTEST:
Jeffrey K. Barton, Clerk
Minutes approved
December 2, 2003
37
Kenneth R. Macht, Chairman