HomeMy WebLinkAbout12/23/2003INDEX TO MINUTES
BOARD OF COUNTY COMMISSIONERS
MEETING OF DECEMBER 23, 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. PRESENTATION BY LOUISE HUBBARD, EXECUTIVE DIRECTOR OF THE
TREASURE COAST HOMELESS SERVICES COUNCIL (formerly Indian River
Homeless Services Council).................................................................................. 2
6. APPROVAL OF MINUTES................................................................................ 3
7. CONSENT AGENDA........................................................................................... 3
7.A. Approval of Warrants................................................................................. 3
7.13. Historic Resources Advisory Committee - Election of Kathleen Coley as
Chairman and Chris Crawford as Vice Chairman ....................................... 3
7.C. Appointment of Steven Mohler as the School District=s Representative to the
Planning and Zoning Commission (Non -Voting) ........................................ 4
7.D. Dr. Craig McGarvey Reappointed by School District of Indian River County
to Council of Public Officials (COPO)...................................................... 4
9.A.1. PUBLIC HEARING.............................................................................................. 4
9.13. PUBLIC DISCUSSION ITEM.............................................................................. 4
9.C. PUBLIC NOTICE ITEMS.................................................................................... 4
I I.A. DISCUSSION OF IMPACT FEES, COMPREHENSIVE PLAN AMENDMENT,
1
ANDSCHOOL CONCURRENCY....................................................................... 5
ImpactFees........................................................................................................... 5
ComprehensivePlan............................................................................................. 9
SchoolConcurrency............................................................................................ 13
I I.J. 1. REGIONAL SLUDGE TREATMENT FACILITY (RSF) ODOR CONTROL
IMPROVEMENTS - AUTHORIZATION TO BID ON OZONE
INJECTION SYSTEM............................................................................. 14
13.A. CHAIRMAN MACHT - CONSIDERATION OF A JOINT MEETING WITH
INDIAN RIVER HOSPITAL DISTRICT BOARD OF TRUSTEES -
ATTENDANCE AT THEIR WORKSHOP ON JANUARY 8, 2004 ................... 14
14.A. EMERGENCY SERVICES DISTRICT.............................................................. 15
14.13. SOLID WASTE DISPOSAL DISTRICT............................................................. 15
14.C. ENVIRONMENTAL CONTROL BOARD......................................................... 15
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December 23, 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 23, 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
Public Works Director James Davis delivered the invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Macht led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Macht advised of two additions: Item 5, Presentation by Louise Hubbard,
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Executive Director of the Treasure Coast Homeless Services Council and Item 13.A.,
Discussion on Suggested Joint Meeting with the Indian River Hospital District Board of
Trustees.
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Lowther, the Board unanimously made the
above additions to the agenda.
5.A. PRESENTATION BY LOUISE HUBBARD, EXECUTIVE
DIRECTOR OF THE TREASURE COAST HOMELESS
SERVICES COUNCIL (formerly Indian River Homeless Services
Council)
Ms. Louise Hubbard advised of this agency=s largest single award by the
Department of Housing and Urban Development (HUD) under SUPERNOFA in the
amount of $872,998 for Acontinuum@ which means that Indian River County will continue
to administer this grant for rental housing assistance for disabled families on SSDI (Social
Security Disability Insurance) who are eligible. She anticipated this grant will house
approximately 16 homeless families per year for up to 5 years. During that time the
TCHSC will empower the families to make different arrangements for housing and find
ways to contribute to this community. A stipend of $77,000 for their homeless
management information system in Indian River County was also received. It will
consolidate work for all agency services in our county, enable them to electronically
communicate and share information with each other, and enable additional service
providers to help with the work of the resource center. They currently have 6 other
agencies co -located in the resource center. Last year they served 463 families and 265
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1
individuals. Thus far, the TCHSC has obtained $5.2 million in state and federal grant
dollars; which does not include private nor local money. She thanked the Commissioners
for the opportunity to bring money to this community. She particularly thanked Acting
Administrator Baird and all the friends who work with her office everyday.
Chairman Macht thanked Ms. Hubbard and extended holiday greetings. He noted
the Board could be proud for originating this program.
6. APPROVAL OF MINUTES
None
7. CONSENT AGENDA
7.A. Approval of Warrants
ON MOTION by Commissioner Neuberger, SECONDED BY
Vice Chairman Ginn, the Board unanimously approved the list
of warrants issued by the Clerk for the period December 5-11,
2003, as requested.
7.B. Historic Resources Advisory Committee - Election of Kathleen
Colev as Charman and Chris Crawford as Vice Charman
The above elections have been made part of the record.
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7.C, Appointment of Steven Mohler as the School District=s
Representative to the Plannine and Zonine Commission (Non-Votine)
The Board noted the School District=s appointment of Steven Mohler as their
non-voting representative to the Planning & Zoning Commission to become effective with
the interlocal agreement that commences on January 1, 2004.
7.D. Dr. Crain McGarvev Reappointed by School District of Indian
River Countv to Council of Public Officials (COPO)
The Board noted the reappointment of Dr. McGarvey to COPO.
9.A.1. PUBLIC HEARING
None.
9.B. PUBLIC DISCUSSION ITEM
None.
9.C. PUBLIC NOTICE ITEMS
None.
December 23, 2003
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II.A. DISCUSSION OF IMPACT FEES, COMPREHENSIVE PLAN
AMENDMENT, AND SCHOOL CONCURRENCY
Chairman Macht advised that this item was on the agenda because of the Board=s
direction to staff.
Community Development Director Robert Keating reviewed a PowerPoint
presentation (copy in backup in the Office of the Clerk to the Board) covering the three
topics for their consideration.
It was decided that the Board would discuss one issue at a time.
Impact Fees
Director Keating gave a status report on this issue recalling that staff had recently
(12/2/03 - Item I I.A.) presented the Board a comparison on our impact fees and nearby
counties and he was directed to bring a Request for Proposals for their approval in order to
hire a consultant to do a proper study so any changes will be legally defensible. He
described the steps they would follow to get a consultant on board. He listed and
commented on the various proposed impact fee categories. He also presented the sequence
the consultant would follow and a time frame. He expected they would be able to impose
the new fees in January 2005. He explained that the implementation of new traffic impact
fees could be in place in late spring/early summer this year. He pointed out that staff
interfaces with people paying the fees, have to explain why impact fees are charged, and
what the benefits are. He noted that a current resident who builds a new house in the
county will pay the impact fees as well as new residents.
Vice Chairman Ginn wanted a status report at the first meeting of every month and
she wanted the whole process completed before January 2005 so she could vote on it.
Director Keating advised that some of the impact fee categories might require a
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Comprehensive Plan amendment to adjust the level of service (LOS).
County Attorney Collins advised that before enacting a pending ordinance, we
would need something pretty well formulated, probably no more than a month before the
ordinance is adopted.
Although this was not a public hearing, Commissioners agreed to hear brief
non -repetitive comments from the public.
Brian Heady, Vero Beach, asked the Board to consider the immediate imposition
of the impact fees equal to the highest impact fees of the surrounding counties; we could
refund any overage.
County Attorney Collins explained that if the Board were to do as Mr. Heady had
suggested, it would be challenged as arbitrary and capricious. He stressed there would
need to be a study in order to be able to document the numbers so new impact fees would
survive a challenge in court. He also counseled against an interim fee based on an estimate,
whether highest or lowest, with an intent to adjust the difference at a later time.
Bob Johnson, Coral Wind Subdivision, commented that he would not want an MPO
restriction on impact fees.
Director Keating explained that the MPO does long range transportation planning
that covers all the major roads in the county, and the impact fees go to pay just for the major
roads in the county.
Frank Coffey commented that more information on these three important issues
should have been provided and a public hearing would have been more appropriate.
Chairman Macht assured him that this discussion will just Alaunch@ the effort and
a series of public hearings will be held in the coming year.
December 23, 2003
GJ
John Williams, Smugglers Cove, congratulated the Commissioners on taking this
extremely important step. He hoped that somehow during the interim something can be
done to slow down rezoning and the growth rate. He cited Port St. Lucie as an example to
show that increased impact fees do not impose a burden to stop growth.
As a result of comments made by Mr. Williams, there was a discussion on school
impact fees and information that came forth at a recent meeting of the Taxpayers
Association.
Acting Administrator Baird pointed out that every county has different capital
needs, different revenue sources, different project demands, and different levels of service.
We cannot just arbitrarily impose a tax; it would not be defensible and it would get the
County into a lot of litigation.
County Attorney Collins noted that State Statute Chapter 163 actually authorizes
and encourages impact fees, but the case law that has developed around impact fees says
that you have to go through certain methodologies to determine your existing LOS and
whether you are operating at that level now; whether you have deficiencies, and what other
funds people have already paid into that you could credit against impact fees. He counseled
that the Board has to go through the process as Director Keating outlined. It will probably
take six months after a consultant is selected. The Board must make sure the number
selected is defensible in terms of the impact that a new unit has on each facility for which
they might want to set up an impact fee. Again, he explained the pending ordinance
requirements and suggested that if the Board wants to stem development in the meantime,
perhaps they could have a moratorium on rezoning.
Commissioner Adams did not want to see a moratorium. Perhaps a pending
ordinance could give a range of numbers, but we would not collect fees until the actual fees
are determined after the study.
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County Attorney Collins thought she was suggesting the fee be applied retroactively
but there might be a problem in collecting after the certificate of occupancy is issued; there
would be no leverage.
Director Keating declared our consultant team will have the legal expertise to
determine whether or not an impact fee can be implemented before the termination of the
process. He hoped to have a consultant on board by April.
Public Works Director James Davis advised that he been quite concerned about the
over 3,000 lots sold in the last two years to small homebuilders by Mr. Ansin in Vero Lake
Estates Subdivision. That is happening quickly because it is already a platted subdivision.
There are 70 miles of roads in there and his department will have a very difficult time
trying to construct roads and provide drainage in the southwestern part of that subdivision.
There might be some things the Board could do quickly to cover some costs such as using
the MSBU (Municipal Service Benefit Unit) in that subdivision.
Commissioner Adams understood an MSBU puts the burden on the existing
homeowners and believed we are going to need to look for grants.
Chairman Macht asked if the builders could be required to do the roads, and
Director Davis responded that we could do a special assessment petition paving program.
Something needs to be done because there is no drainage in many of these Vero Lake
Estates blocks. His department simply does not have the resources to do 70 miles of roads
and drainage in a short period of time.
Acting Administrator Baird interjected that gives us a process because
neighborhood roads are not included in the road impact fee calculations. It we want to be
more aggressive, then we need to set more money aside.
Commissioner Adams noted that we need to remember the impact on the current
homeowners who are on limited incomes.
December 23, 2003
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Vice Chairman Ginn thought that the builders need to step up to the plate on this.
Chairman Macht commented there was no way to have anticipated the growth we
are seeing now which occurred as the result of many factors coming together including low
mortgage rates and infill in the southern counties.
Renee Renzi, 340A East Waverly Place, disagreed with Commissioner Macht=s
comments; she thought the Board should have known people would be coming to Vero
Lake Estates because of the nearby schools.
Commissioner Adams suggested they authorize staff come back with an RFP, and
Director Keating advised he could have the RFP for approval in January and estimated the
cost for a consultant would range between $100,000 and $200,000.
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Neuberger, the Board unanimously authorized
staff to come back with an RFP for a consultant. (As per
discussion above.)
Comprehensive Plan
Director Keating reviewed the PowerPoint presentation concerning the
Comprehensive Plan. He explained three alternatives for their consideration: the
Evaluation and Appraisal Report (EAR) which is a major undertaking; the Metropolitan
Planning Organization=s (MPO) update on the Long Range Transportation Plan (LRTP)
due in December 2005; or using the visioning method such as being undertaken by the City
of Vero Beach. The Commissioners need to determine which of those three procedures
they want to pursue.
December 23, 2003
N.
Chairman Macht favored the visioning process. He thought our Comp Plan is okay
and that our whole difficulty stems from the Bert Harris Act (BHA).
Commissioner Adams thought the MPO-LRTP is the way to go. She was unsure
how she wanted the county to look, but knows what she does not like.
Vice Chairman Ginn thought the Commissioners know what needs to be done by
pulling out the land use sections of the Comprehensive Plan that need revising. She
suggested workshops with the Planning & Zoning Commission in order for both groups to
get a complete understanding of the BHA. She also thought they need to look at specific
things they found troublesome, such as The Palms, and correct whatever regulation caused
it to happen. She believed that no developer should be given an increase in density for
donating roads he needs for his development.
County Attorney Collins explained the Bert Harris Act which was followed by a
discussion and speculation on how to proceed.
Gary Wheeler was of the opinion that the BHA should be one of the criteria for
making decisions on what the future development should be in this county. The
Commissioners have to do what they believe is right for the community and defend their
decision when someone disagrees or sues. Many lawsuits occur because it is more
economical to settle than go to court.
Mr. Williams thought that visioning should be for county and cities tied together.
He urged them to be aggressive on legal action and to appeal to local state representatives
to make a case for us to have the right to control our destiny.
Planning Director Stan Boling noted that The Palms received their density bonus for
right-of-way donated in the 1980's when Indian River Boulevard was first established. The
County had to honor that agreement; the right-of-way was the road we have been driving
on for all these years. We still have the LDR there.
December 23, 2003
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Vice Chairman Ginn wanted to look into at that.
Bob Johnson submitted a detailed recommendation for inclusion in the Comp Plan
concerning rezoning CH to CG which recently occurred on the NE corner of Oslo Road and
43rd Avenue SW (See his written notes filed with the backup in the Office of the Clerk to
the Board along with a cover letter from Chester Clem concerning same.). He suggested a
member of the Taxpayers Association be added to P & Z. He was shocked recently in a
Regional Planning Council meeting that a new development was presented there before
coming to the county for consideration (Referring to Waterway Village). He believed golf
courses should be excluded for open space and that it was time to start considering
availability of water. He was concerned about traffic analysis in the rezoning process and
the authority of staff on what they can and cannot approve.
It was explained that the reason Waterway Village went to RPC first is that it is a
development of regional impact (DRI).
Renee Renzi noted that The Palms of Vero is not a pretty perspective from the
exterior roadways but the interior has nice wide roads and no driveways. She thought they
should insist on an architectural rendition of a development.
Vice Chairman Ginn liked that idea. She stressed that we need to determine why
The Palms turned out the way it did and see that it does not happen again.
Director Boling stressed this was a site plan project and not a planned development.
County Attorney Collins explained that under our regulations, PDs are an optional
form of development for either single- or multi -family. There is a standard set of
regulations for site plans. The unique thing about the PD is we can impose more restrictive
conditions, but the developer can also ask for waivers from our existing regulations. So
there is a give and take to get a better product. It is completely at the discretion of the Board
whether to approve or deny a PD. Because it is totally discretionary, there has to be some
December 23, 2003
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alternative use for the property as a matter of right, and that is the standard regulations that
we have. As long as PDs are discretionary, he believed we could not mandate them. He
suggested that our standard site plans for multi -family might need better landscaping
regulations.
Donna Keys, a member of the P & Z Commission pointed out that a subdivision is
less expensive to develop than a PD because only a 10' buffer is required whereas a PD
requires a 25' buffer. Also, the site plan does not have to go to the P & Z. She reasoned
that if they had an even playing field the subdivisions might look better. The P & Z has
recommended a buffer increase for subdivisions.
Director Keating advised that will be coming to the Board on January 13111
MOTION WAS MADE by Commissioner Adams,
SECONDED BY Chairman Ginn, to use the MPO=s LRTP
(Metropolitan Planning Organization=s Long Range
Transportation Plan) and add a visioning component.
Under discussion and in response to Vice Chairman Ginn, Director Keating
explained that staff would bring the Board their concept and the Commissioners would
have the opportunity to make any revisions they wished.
Commissioner Neuberger was not convinced that hiring for visioning, such as the
City of Vero Beach is doing, is the way for the County to proceed. He believed that the
Commissioners should listen to public input. He wanted to have more public hearings and
felt that people want to keep the county as it has been. They do not want to see what
happened with The Palms. He would not agree to pay $200,000 to hire someone.
Discussion followed.
December 23, 2003
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THE CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously.
School Concurrencv
Director Keating continued with the PowerPoint presentation concerning school
concurrency, explaining it in detail. He referred to a copy of a letter dated December 17,
2003, to (new) Superintendent Maher of the Indian River County School District (copy on
file with the backup in the Clerk=s office). That letter was sent to ask the Superintendent
whether or not the School Board wants to participate in a workshop with the County and
municipalities concerning the question of imposing school concurrency. Only one county
in Florida, Palm Beach County with 38 municipalities, has undertaken this major
challenge. If the Commissioners want to have a workshop, MPO Director Mike Busha
suggested contacting Leo Nobel who was responsible for getting Palm Beach County to
succeed in the task of getting all to agree. It may be possible to get Mr. Nobel here for a
workshop with the School Board and we can invite the municipalities. We could wait for
an answer to the letter or go ahead and set up a workshop.
ON MOTION BY Vice Chairman Ginn, SECONDED BY
Commissioner Adams, the Board unanimously agreed to be
pro -active; move ahead with a workshop on school
concurrency; and have Mr. Leo Nobel set up a joint workshop
with the School Board and include the municipalities.
December 23, 2003
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11.11. REGIONAL SLUDGE TREATMENT FACILITY (RSF)
ODOR CONTROL IMPROVEMENTS - AUTHORIZATION TO BID
ON OZONE INJECTION SYSTEM
ON MOTION by Vice Chairman Ginn, SECONDED BY
Commissioner Adams, the Board unanimously authorized the
Purchasing Division to proceed with bidding for the
installation of an ozone injection system with the capability to
handle odors emissions from five (5) sludge -receiving tanks, as
recommended in the memorandum.
13.A. CHAIRMAN MACHT - CONSIDERATION OF A JOINT
MEETING WITH INDIAN RIVER HOSPITAL DISTRICT BOARD OF
TRUSTEES - ATTENDANCE AT THEIR WORKSHOP ON JANUARY
8, 2004
Chairman Macht recalled the Board had directed him to meet with the chairman of
the Hospital District Board of Trustees. The chairman suggested to him yesterday that the
Commissioners attend their workshop on January 8, 2004. If the Commissioners still feel
strongly about having a joint meeting, it could be scheduled at that time. He asked for their
input.
Commissioner Neuberger advised that he had attended their previous meeting and
will attend their workshop and future meetings. He reported that he was chastised by a
district board member about requesting a meeting with them. The member thought it was
a bad thing to say because it would worry people and cause them to run to another hospital.
December 23, 2003
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He still thought we need a joint workshop.
There was CONSENSUS to attend the January 8th meeting at the Health Department
building at 5:30 p.m. and then decide if they should request a follow-up meeting.
14.A. EMERGENCY SERVICES DISTRICT
None.
14.B. SOLID WASTE DISPOSAL DISTRICT
None.
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
Chairman Macht wished everyone a Merry Christmas. He stated this was his last
meeting as Chairman and thanked everyone for their support and cooperation this past year.
There being no further business, upon motion duly made and seconded, the
Chairman adjourned the meeting at 10:43 a.m.
ATTEST:
Jeffrey K. Barton, Clerk
December 23, 2003
14
Kenneth R. Macht, Chairman
Minutes approved
December 23, 2003
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