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INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF DECEMBER 7, 2004
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE...................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS ............................................................................................................ 1
5.PRESENTATION – ANNUAL REPORT ON POINTE WEST BY
CHUCK MECHLING .................................................................................. 2
6.A.APPROVAL OF MINUTES – NOVEMBER 2, 2004 ............................... 2
6.B.APPROVAL OF MINUTES – NOVEMBER 9, 2004 ............................... 3
7.CONSENT AGENDA ................................................................................... 3
7.A.R .....................................................................................................................3
EPORTS
7.B.PHMF .................................................................3
ROCLAMATION ONORING ARDY ISH
7.C.PHW’EH .................................4
ROCLAMATIONS ONORING ABASSOS VERYDAY EROES
7.D.AW–N12-18,2004 ................................................4
PPROVAL OF ARRANTS OVEMBER
December 7, 2004
1
7.E.AW–N19-29,2004 ................................................4
PPROVAL OF ARRANTS OVEMBER
7.F.ARM.SMP
PPOINTMENT OF OGER HERWOOD TO THE ETROPOLITAN LANNING
OCAC(MPOCAC) ...............................4
RGANIZATION ITIZENS DVISORY OMMITTEE
7.G.AGL.CCB
PPOINTMENT OF EORGE HRISTOPHER BY OMMISSIONER OWDEN TO
PZC(P&Z) .....................................................5
THE LANNING AND ONING OMMISSION
7.H.ACF–JMCR
PPOINTMENTS OF THE ITY OF ELLSMERE OHN CANTS EMOVED
MPO(MPO)A
FROM THE ETROPOLITAN LANNING RGANIZATION AND PPOINTED
LAAC(LAAC)JT
TO THE AND CQUISITION DVISORY OMMITTEE AND OEL YSON
RLAACAMPO .....................................5
EMOVED FROM THE AND PPOINTED TO THE
7.I.2005FFLF-C,RPL
ELLSMERE ROG EG ESTIVAL ONTRACT EAL ROPERTY EASE
A,A“A” ...........................................................................5
GREEMENT AND DDENDUM
7.J.B#7009–ABRCP–R
ID NNUAL ID FOR EINFORCED ONCRETE IPE INKER
MD/B/AHCC. ..............................................................6
ATERIALS YDRO ONDUIT ORP
7.K.PCFS–CS
ROJECT OORDINATOR FOR ELLSMERE CHOOL ONTRACT ERVICES
(FFF) .................................................................................7
ROGLEG ESTIVAL UNDING
7.L.RN.2004-141–MBA002.......... 10
ESOLUTION O ISCELLANEOUS UDGET MENDMENT
7.M.RN.2004-142–MBA003.......... 10
ESOLUTION O ISCELLANEOUS UDGET MENDMENT
7.N.CDBG(CDBG)H
OMMUNITY EVELOPMENT LOCK RANT OUSING
RP–GA–FD
EHABILITATION ROJECT IFFORD REA LORIDA EPARTMENT OF
CA(FDCA)SMWP
OMMUNITY FFAIRS ECOND ODIFICATION TO THE ORK LAN
(GA–TE) .............................................................. 11
RANT GREEMENT IME XTENSION
7.O.AFSCDBG
PPROVAL OF IFTH ET OF OMMUNITY EVELOPMENT LOCK RANT
(CDBG)HRB(6B)–TW,E
OUSING EHABILITATION IDS IDS ERRY ILLIAMS LLA
K,SC,WJ,DMG,F
ING AMANTHA OLLEY ILLIE OINER OLLIE CRIFF AND ANNIE
S–TC ..................................................................... 11
TEPHENS URNER ONSTRUCTION
7.P.RN.2004-143-JPA(JPA)–
ESOLUTION O OINT ARTICIPATION GREEMENT
FDT(FDOT)–SE
LORIDA EPARTMENT OF RANSPORTATION IDEWALKS ON AST
SUS#1–SVSGG ................................... 12
IDE OF OUTH ERO QUARE TO ARDEN ROVE
7.Q.RN.2004-144–JPA(JPA)–
ESOLUTION O OINT ARTICIPATION GREEMENT
FDT(FDOT)–AN.
LORIDA EPARTMENT OF RANSPORTATION MENDMENT O
T–CA–AS .......................................... 13
WO OUNCIL ON GING CCOUNTING OFTWARE
December 7, 2004
2
7.R.S.P’MBC–ESP
T ETERS ISSIONARY APTIST HURCH XTENSION OF ITE LAN
ACM-PR ............................... 13
PPROVAL FOR ONSTRUCTION OF A ULTIURPOSE OOM
7.S.HB,I.–FPA
OLIDAY UILDERS NC INAL LAT PPROVAL FOR A
P-O-S-PPKVP–
LATVERITELAN ROJECT TO BE NOWN AS ALENCIA OINTE
CC(S) ........................................................ 14
ONTRACT FOR ONSTRUCTION IDEWALKS
7.T.DD,L.L.C.–FPAS
ILECO EVELOPMENT INAL LAT PPROVAL FOR A UBDIVSION
KOHE ............................................................... 15
TO BE NOWN AS AK OLLOW STATES
7.U.O--CTCCA
UTOFOUNTY RAVEL FOR OMMISSIONERS AND OUNTY DMINISTRATOR
A18ANCB
TH
TO TTEND THE NNUAL ATIONAL ONFERENCE ON EACH
PT ................................................................................. 16
RESERVATION ECHNOLOGY
8.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES .................................................................................................. 16
9.A.1.PUBLIC HEARING – MINT PRE-OWNED CARS’ REQUEST
FOR SPECIAL EXCEPTION APPROVAL FOR A USED
VEHICLE SALES BUSINESS (4560 US HIGHWAY 1)
(QUASI-JUDICIAL) ................................................................................... 16
9.A.2.PUBLIC HEARING – ORDINANCE NO. 2004-040 – HENRY O.
PARMAN, INC. AND EVELYN F. NEVILLE’S REQUEST TO
TH
REZONE 37.94 ACRES FROM A-1 TO RM-6 (98 AVENUE
INITIATIVE) (QUASI-JUDICIAL) ......................................................... 18
9.A.3.PUBLIC HEARING –DENIAL OF PASKOR LLC’S REQUEST
FOR A SMALL SCALE COMPREHENSIVE PLAN FUTURE
LAND USE AMENDMENT TO REDESIGNATE 3.71 ACRES
FROM L-1 TO L-2 (LEGISLATIVE) ...................................................... 20
December 7, 2004
3
9.A.4.PUBLIC HEARING – ORDINANCE NO. 2004-041 –
ORDINANCE AMENDING COUNTY TREE PROTECTION
AND LANDSCAPE REQUIREMENTS (LEGISLATIVE) .................. 25
9.A.5.PUBLIC HEARING – RESOLUTION NO. 2004-145 – TAX
EQUITY FISCAL RESPONSIBILITY ACT (TEFRA) PUBLIC
HEARING – ESCAMBIA COUNTY HOUSING FINANCE
AUTHORITY – SINGLE-FAMILY MORTGAGE REVENUE
BONDS – INTERLOCAL AGREEMENT .............................................. 32
9.B.1.PUBLIC DISCUSSION ITEM – BRIAN HEADY –
EXPENDITURE OF TAX DOLLARS ..................................................... 33
9.B.2.PUBLIC DISCUSSION ITEM – CAROLINE GINN – FIRE
SERVICES/EMS CONSOLIDATION/CROSS TRAINING ................ 34
9.B.3.PUBLIC DISCUSSION ITEM – CHARLES R. LEWIS – THE
PRESERVE OF VERO .............................................................................. 34
9.C.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON DECEMBER 14, 2004 ..................................................... 35
9.C.1.SP–R(PD)
EBASTIAN ARK EQUEST FOR PLANNED DEVELOPMENT SPECIAL
PD.SG
EXCEPTION USE AND CONCEPTUAL PLAN APPROVAL EBASTIAN ROVES
H,LTD.,O.K,MGA,I.,A.
OLDING WNER NIGHT CUIRE AND SSOCIATES NC GENT
L8S/CR510,L
OCATED ON THE NORTH SIDE OF TH TREET EAST OF IBERTY
MS,85S/CR510
TH
AGNET CHOOL AT THE NORTHEAST CORNER OF TREET AND
86A.ZC:RS-3,S-FR
TH
VENUE ONING LASSIFICATION INGLEAMILY ESIDENTIAL
D(3/),A-1,AD(1
ISTRICT UP TO UNITSACRE AND GRICULTURAL ISTRICT UP TO
/5).P:2.51.(L) ......... 35
UNIT ACRES ROPOSED DENSITY UNITS PER ACRE EGISLATIVE
December 7, 2004
4
9.C.2.AOBCCI
N RDINANCE OF THE OARD OF OUNTY OMMISSIONERS OF NDIAN
RC,FDMA
IVER OUNTY LORIDA ECLARING A ORATORIUM ON THE CCEPTANCE
AIPA
OF PPLICATIONS AND THE SSUANCE OF ERMITS AND PPROVALS FOR
RR,RSPA,R
ESIDENTIAL EZONINGS ESIDENTIAL ITE LAN PPROVALS ESIDENTIAL
PDCPA,
LANNED EVELOPMENTS WITHOUT ONCEPTUAL LAN PPROVAL
RPPAAE
ESIDENTIAL RELIMINARY LAT PPROVALS AND FFIDAVIT OF XEMPTION
AUIRC;
PPROVALS WITHIN THE NINCORPORATED AREA OF NDIAN IVER OUNTY
PE;PFC;P
ROVIDING FOR XCEPTIONS ROVIDING OR ONFLICTS ROVIDING FOR
S;SFEED ................. 36
EVERABILITY ETTING ORTH XPIRATION AND FFECTIVE ATES
9.C.3.HHSPWS–10A
TH
AEGER IGHLANDS UBDIVISION ETITION ATER ERVICE VENUE
4S,IRCPN.UCP-2468 .............. 36
TH
SOUTH OF TREET NDIAN IVER OUNTY ROJECT O
10.A.COUNTY ADMINISTRATORS MATTERS – RESOLUTION NO.
2004-146 - THE FLORIDA ENTERPRISE ZONE PROGRAM –
VERO BEACH MUNICIPAL AIRPORT – GIFFORD
COMMUNITY............................................................................................. 36
11.A.COMMUNITY DEVELOPMENT – RESOLUTION NO. 2004-147
TH
– DESIGNATION OF 129 PLACE (BAIRD STREET)
TH
RIGHT-OF-WAY LYING BETWEEN 80 COURT (ELDER
TH
AVENUE) AND 80 AVENUE (ESTES AVENUE) AS A
“LIMITED USE RIGHT-OF-WAY” – REQUESTED BY DANIEL
SPARKS........................................................................................................ 40
11.B.EMERGENCY SERVICES ....................................................................... 41
11.C.HUMAN SERVICES .................................................................................. 41
11.D.HUMAN RESOURCES .............................................................................. 41
December 7, 2004
5
11.E.HUMAN SERVICES .................................................................................. 41
11.F.LEISURE SERVICES ................................................................................ 41
11.G.1.OFFICE OF MANAGEMENT AND BUDGET ..................................... 41
11.H.1.RECREATION ............................................................................................ 42
11.I.1.PUBLIC WORKS – FEMA (FEDERAL EMERGENCY
MANAGEMENT AGENCY) DEBRIS MONITORING SERVICES
– WCG/NEEL-SCHAEFFER, INC. – WORK ORDER NO. 2 ............. 42
11.I.2.PUBLIC WORKS – RESOLUTION NO. 2004-148 – FLORIDA
DEPARTMENT OF TRANSPORTATION MAINTENANCE
RD
AGREEMENT FOR LANDSCAPING – US#1 FROM 33
STREET TO CR 510 (7.65 MILES).......................................................... 42
11.I.3.PUBLIC WORKS – VERO BEACH INVESTMENTS, LLC –
DEVELOPER’S AGREEMENT -TURTLE RUN RESIDENTIAL
NDTH
DEVELOPMENT–82 AVENUE NORTH OF 12 STREET........... 43
11.I.4.PUBLIC WORKS – SEGOVIA LAKES PLANNED
DEVELOPMENT – DEVELOPER’S AGREEMENT AND LAND
EXCHANGE AGREEMENT .................................................................... 44
11.I.5.PUBLIC WORKS – EAST GIFFORD STORMWATER
IMPROVEMENTS – CHANGE ORDERS NO. 002, 003, 004, AND
005 – FINAL PAY REQUEST INCLUDING RELEASE OF
RETAINAGE ............................................................................................... 44
December 7, 2004
6
11.I.6.PUBLIC WORKS – BRADFORD PLACE RESIDENTIAL
DEVELOPMENT – SHELBY HOMES AT OSLO, INC. –
DEVELOPER’S AGREEMENT – DEDICATION OF
RIGHT-OF-WAY, SALE OF RIGHT-OF-WAY AND FUNDING
CONTRIBUTION BY DEVELOPER ...................................................... 44
11.J.UTILITIES SERVICES – BID AWARD #7029 – RE-BID OF THE
CENTRAL REGIONAL WASTEWATER TREATMENT PLAN
EXPANSION – INDIAN RIVER INDUSTRIAL CONTRACTORS ... 45
12.COUNTY ATTORNEY – APPEAL OF COUNTY ATTORNEY’S
DECISION REGARDING MARINA VILLAGE TRACT “A” ........... 46
13.A.CHAIRMAN ARTHUR R. NEUBERGER – CANCELLATION OF
DECEMBER 21, 2004 REGULARLY SCHEDULED BOARD OF
COUNTY COMMISSIONERS’ MEETING ........................................... 46
13.B.VICE CHAIRMAN THOMAS S. LOWTHER ....................................... 46
13.C.COMMISSIONER SANDRA L. BOWDEN ............................................ 46
13.D.COMMISSIONER WESLEY S. DAVIS .................................................. 47
13.E.COMMISSIONER GARY C. WHEELER .............................................. 47
14.A.EMERGENCY SERVICES DISTRICT .................................................. 47
14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 47
1.AMRMN2,2004 ............... 47
PPROVAL OF INUTES OF EGULAR EETING OF OVEMBER
December 7, 2004
7
2.AMRMN9,2004 ............... 47
PPROVAL OF INUTES OF EGULAR EETING OF OVEMBER
3.FTR,I.(FTR)–WTA .................... 47
LORIDA IRE ECYCLING NC ASTE IRE GREEMENT
14.C. ENVIRONMENTAL CONTROL BOARD ............................................ 47
December 7, 2004
8
December 7, 2004
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
th
Regular Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on
Tuesday, December 7, 2004, at 9:00 a.m. Present were Arthur R. Neuberger, Chairman; and
Commissioners Sandra L. Bowden, Wesley S. Davis, Thomas S. Lowther, and Gary C. Wheeler.
Also present were Joseph Baird, 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.
2. INVOCATION
Father Robert Stull, Trinity Episcopal Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Wheeler led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
The Chairman requested the following changes to today’s Agenda:
December 7, 2004
1
1.7.I. Additional Backup (Addendum A)
2.7.U. Addition - Out-of-County Travel for Commissioners and County
th
Administrator to Attend the 18 Annual National Conference on Beach
Preservation Technology
3.10.A. Additional Backup (Revision)
4.11.I.4. Deleted
5.12.A. Additional Backup and Appeal Request Withdrawn
6.9.A.4. Supplemental Memo from staff prior to the meeting
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Wheeler, the Board unanimously made the
above changes to the Agenda.
5. PRESENTATION – ANNUAL REPORT ON POINTE WEST BY
CHUCK MECHLING
Chuck Mechling
, representing Pointe West, advised of an upcoming event at
Pointe West, Winter Fest, which is an annual event presented in cooperation with Indian River
th
County’s Recreation Department on December 18. He presented the Pointe West annual report
(copy is on file in the office of the Clerk to the Board). He advised of current building going on in
their planned development, the increased cash flowing into the community, and jobs that have
been created.
6.A. APPROVAL OF MINUTES – NOVEMBER 2, 2004
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of November 2, 2004. There were none.
December 7, 2004
2
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Regular Meeting of November 2, 2004, as
written and distributed.
6.B. APPROVAL OF MINUTES – NOVEMBER 9, 2004
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of November 9, 2004. There were none.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Regular Meeting of November 9, 2004, as
written and distributed.
7. CONSENT AGENDA
The following Consent Agenda Items were separated: 7.I., 7.K, 7.R., 7.S., and 7.T.
7.A. R
EPORTS
The following report has been received and is on file in the office of the Clerk to the
Board:
Report of Convictions, October 2004
7.B. PHMF
ROCLAMATION ONORING ARDY ISH
This proclamation was entered for the record.
December 7, 2004
3
7.C. PHW’EH
ROCLAMATIONS ONORING ABASSOS VERYDAY EROES
This proclamation was entered for the record.
7.D. AW–N12-18,2004
PPROVAL OF ARRANTS OVEMBER
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for
November 12-18, 2004, as requested.
7.E. AW–N19-29,2004
PPROVAL OF ARRANTS OVEMBER
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for
November 19-29, 2004, as requested.
7.F. ARM.SM
PPOINTMENT OF OGER HERWOOD TO THE ETROPOLITAN
POCAC(MPO
LANNING RGANIZATION ITIZENS DVISORY OMMITTEE
CAC)
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously confirmed
Commissioner Wheeler’s recommendation to appoint
December 7, 2004
4
Roger M. Sherwood to the MPO CAC, as recommended in
the memorandum of November 29, 2004.
7.G. AGL.CC
PPOINTMENT OF EORGE HRISTOPHER BY OMMISSIONER
BPZC(P&Z)
OWDEN TO THE LANNING AND ONING OMMISSION
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously confirmed
Commissioner Bowden’s appointment of George L.
Christopher to the P&Z, as stated in her memorandum of
November 29, 2004.
7.H. ACF–JMC
PPOINTMENTS OF THE ITY OF ELLSMERE OHN CANTS
RMPO
EMOVED FROM THE ETROPOLITAN LANNING RGANIZATION
(MPO)ALAA
AND PPOINTED TO THE AND CQUISITION DVISORY
C(LAAC)JTRLAAC
OMMITTEE AND OEL YSON EMOVED FROM THE
AMPO
AND PPOINTED TO THE
The Board noted the removals and appointments of the City Council per the
memorandum of December 1, 2004 in the backup.
7.I. 2005FFLF-C,R
ELLSMERE ROG EG ESTIVAL ONTRACT EAL
PLA,A“A”
ROPERTY EASE GREEMENT AND DDENDUM
December 7, 2004
5
County Attorney Collins stated that staff also recommended the approval of
Addendum “A” (added to the backup) to the Lease and the Commissioners were being asked to
approve all three documents.
Commissioner Lowther understood that certain items were being added to the Old
Fellsmere School’s cooking area (basement) to comply with the Fire Code requirements for the
Frog Leg Festival. He asked if we could possibly give the building back to the City of Fellsmere
and perhaps the Frog Leg Festival Committee could take it over.
County Administrator Baird recounted how the County had taken over the school as
approved by the Board because the City did not have the resources at the time to do so. He thought
we could explore giving it back to the City if the Board wishes.
Commissioner Lowther reserved the rest of his comments to consideration of Item
7.J.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Lease, Addendum “A”, and Contract subject to
compliance with the applicable County Fire Protection
Codes, and any required improvements must be installed
and approved prior to the use of the kitchen area; and
authorized the use of the County’s tents as was approved
last year, as recommended in the memorandum of
November 30, 2004.
LEASE, ADDENDUM “A”, AND CONTRACT ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.J. B#7009–ABRCP–
ID NNUAL ID FOR EINFORCED ONCRETE IPE
RMD/B/AHCC.
INKER ATERIALS YDRO ONDUIT ORP
December 7, 2004
6
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously awarded Bid
#7009 to Rinker Materials D/B/A Hydro Conduit Corp as
the overall lowest most responsive and responsible bidder
meeting the specifications as set forth in the Invitation to
Bid; approved establishment of an Open End Contract for
the period of October 1, 2004 through September 30, 2005
with recommended vendor; approved the 36% increase
from 2003 prices with a projected expenditure for 2005 at
$80,000.00; and authorized the Purchasing Manager to
renew this contract for two (2) additional one (1) year
periods subject to satisfactory performance, zero cost
increase, vendor acceptance and the determination that
renewal of this annual contract is in the best interest of the
County, as recommended in the memorandum of
November 16, 2004.
7.K. PCFS–C
ROJECT OORDINATOR FOR ELLSMERE CHOOL ONTRACT
S(FFF)
ERVICES ROGLEG ESTIVAL UNDING
Commissioner Lowther understood the Festival Committee had given the County
$45,000 from the proceeds of their recent event to hire a project coordinator. He suggested that the
$45,000 could be used for the City of Fellsmere to do the work on the school within their city
limits.
County Administrator Baird explained that the Frog Leg Festival is paying for the
fire code upgrades in order to be able to continue using the basement of the facility for the Festival.
December 7, 2004
7
The Committee uses the rest of the proceeds to improve the Fellsmere community. They gave
$45,000 to the County to hire a project coordinator because they hoped to see the school’s
renovations move forward more rapidly. He estimated it would cost in excess of a million dollars
to completely renovate the school.
Commissioner Wheeler would like to see responsibility for the school go back to
Fellsmere. He pointed out the City has a new city manager coming on board and inquired if, under
any prior agreements, the County could give the school back to the City. They would be able to
hire their own project coordinator to move the project forward and pursue grants.
Chairman Neuberger considered the school a little treasure and thought we should
do our best efforts to help Fellsmere renovate the school. He understood that Frog Leg Festival’s
proceeds had paid for the work accomplished thus far.
Commissioner Davis did not know if Fellsmere wants it back, but cooperation
between the City and the County would be appropriate especially in historical preservation of a
facility that is important to the City, the community and the north county.
Commissioner Wheeler saw Fellsmere coming unto its own and this would be a
project that would be good for the City. He thought we should try to assist but not have full
responsibility particularly now in light of the tight resources after the hurricanes. He suggested the
County should contact the City to see if they are willing to take it back.
Commissioner Lowther agreed to what Commissioner Wheeler was proposing but
stated his opposition for leasing a facility for $1 to those who want to use it.
County Administrator Baird noted that the Festival proceeds were all turned back to
the City, the park and the school.
Commissioner Bowden was delighted in the success of the Festival and indicated
her support for exploring the return of the School to the City.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Lowther for discussion, to
December 7, 2004
8
table this item to the second meeting in January, have staff
contact the City of Fellsmere and report back to the Board.
th
General Services Director Tom Frame mused that on July 20 when he reported to
the Board he probably should have included some of the backup for this item. Up to this point we
have been using grant funds, but we are coming close to the end of grant funds. There will be a lot
of competition on how to use the balance of those funds. When the County took over the school,
we took it as a lease from the City. At that time, his office had more time to do it. He has not had
that time now and that is part of the reason behind having a project coordinator. Under the lease
agreement, there is a caveat specifying that we will not use County funds towards the improvement
of the building. He had no staff resources to put on it and his ability to operate limited right now.
He thought it was logical to approach Fellsmere about taking the School back particularly because
they do have a city manager coming on board.
Commissioner Davis specified that he would favor the motion with the approach of
what is the best way to achieve the goal of getting this School renovated, not that the County does
not want it.
The Chairman CALLED THE QUESTION and the motion
carried unanimously. (Staff to approach the City of
Fellsmere to determine if it is willing to resume the
responsibility for rehabilitation of the Old Fellsmere School
and report their findings back to the Board.)
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Wheeler for discussion, to
table the decision of hiring a project coordinator for
Fellsmere School.
December 7, 2004
9
Under discussion, he thought the hiring of a project coordinator should be on the
table until it is determined which government will proceed forward with future rehabilitation.
Director Frame thought tabling the decision on hiring a project coordinator made
sense until we get the report back to the Board.
Commissioner Davis AMENDED the motion to table this
item until the second meeting in January, SECONDED by
Commissioner Bowden. (January 11, 2005.)
The Chairman CALLED THE QUESTION and the
amended motion carried unanimously. (Item tabled to
second meeting in January.)
7.L. RN.2004-141–MB
ESOLUTION O ISCELLANEOUS UDGET
A002
MENDMENT
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously adopted
Resolution No. 2004-141 amending the fiscal year
2004-2005 Budget.
7.M. RN.2004-142–MB
ESOLUTION O ISCELLANEOUS UDGET
A003
MENDMENT
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously adopted
December 7, 2004
10
Resolution No. 2004-142 amending the fiscal year
2004-2005 Budget.
7.N. CDBG(CDBG)H
OMMUNITY EVELOPMENT LOCK RANT OUSING
RP–GA–F
EHABILITATION ROJECT IFFORD REA LORIDA
DCA(FDCA)S
EPARTMENT OF OMMUNITY FFAIRS ECOND
MWP(GA–T
ODIFICATION TO THE ORK LAN RANT GREEMENT IME
E)
XTENSION
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
revised project work plan, which will extend the deadline
for the CDBG Housing Rehabilitation project from January
28, 2005 to July 28, 2005, and authorized the Chairman to
sign the proposed modification forms, as recommended in
the memorandum of November 23, 2004.
MODIFICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.O. AFSCDB
PPROVAL OF IFTH ET OF OMMUNITY EVELOPMENT LOCK
G(CDBG)HRB(6B)–T
RANT OUSING EHABILITATION IDS IDS ERRY
W,EK,SC,WJ,
ILLIAMS LLA ING AMANTHA OLLEY ILLIE OINER
DMG,FS–T
OLLIE CRIFF AND ANNIE TEPHENS URNER
C
ONSTRUCTION
December 7, 2004
11
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board, contingent upon DCA
approval of contractor sole source waiver, unanimously
approved awarding the housing rehabilitation bids to
Turner Construction as follows and as recommended in the
memorandum of November 24,2004:
th
1.Terry Williams, 4635 38 Court - $37,173.00
th
2.Ella King, 4655 38 Court - $41,820.00
th
3.Samantha Colley, 3995 46 Place - $45,000.00
th
4.Willie Joiner, 2926 47 Place - $45,870.00
th
5.Dollie McGriff, 4729 28 Court - $37,200.00
th
6.Fannie Stephens 4560 38 Court - $34,800.00
7.P. RN.2004-143-JPA
ESOLUTION O OINT ARTICIPATION GREEMENT
(JPA)–FDT(FDOT)–
LORIDA EPARTMENT OF RANSPORTATION
SESUS#1–SVS
IDEWALKS ON AST IDE OF OUTH ERO QUARE TO
GG
ARDEN ROVE
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously adopted
Resolution No. 2004-143 authorizing the execution of a
Joint Participation Agreement with the Florida Department
of Transportation.
PARTIALLY EXECUTED AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
December 7, 2004
12
7.Q. RN.2004-144–JPA
ESOLUTION O OINT ARTICIPATION GREEMENT
(JPA)–FDT(FDOT)–
LORIDA EPARTMENT OF RANSPORTATION
AN.T–CA–A
MENDMENT O WO OUNCIL ON GING CCOUNTING
S
OFTWARE
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously adopted
Resolution No. 2004-144 authorizing the amendment of a
Public Transportation Joint Participation Agreement with
the Florida Department of Transportation.
7.R. S.P’MBC–ES
T ETERS ISSIONARY APTIST HURCH XTENSION OF ITE
PACM-PR
LAN PPROVAL FOR ONSTRUCTION OF A ULTIURPOSE OOM
In response to Commissioner Wheeler’s questions, Community Development
Director Bob Keating reported that according to information we received from the church, it is an
issue of getting their St. John’s River Water Management District permit as well as the time delays
associated with the hurricanes. The County’s rules allow the Board to grant an extension of site
plan approval only once. So, if the project has not commenced after an applicant has been given a
one-time extension, they would have to go through the process again. There were no conditions on
the site plan; there may have been minor changes to LDRs that would not have substantially
affected the design of the project.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
request of St. Peter’s Missionary Baptist Church for a
December 7, 2004
13
one-year extension of the conditional site plan approval
with all original approval conditions to remain in effect, as
recommended in the memorandum of November 29, 2004.
(New site plan approval expiration date will be November
18, 2005.)
7.S. HB,I.–FPA
OLIDAY UILDERS NC INAL LAT PPROVAL FOR A
P-O-S-PPKV
LATVERITELAN ROJECT TO BE NOWN AS ALENCIA
P–CC(S)
OINTE ONTRACT FOR ONSTRUCTION IDEWALKS
Commissioner Wheeler inquired if there is any opportunity for inter-connectivity
between these two new subdivisions (7.S., Valencia Pointe, and 7.T., Oak Hollow Estates).
Planning Division Director Stan Boling responded that conventional subdivisions
do not have a connectivity requirement. The interconnection issue is often seen in planned
developments when the County has more discretion. Years ago, when Waterford Place came in
(north of Valencia Pointe), staff had the developer reserve a lot for interconnection and they agreed
to do it, but it was not a requirement. When Valencia Pointe came through, staff worked out an
agreement between the developers of Waterford Place and Valencia Pointe that there would be a
pedestrian interconnection but not vehicular between the two developments. He also recounted
examples where subdivisions did not want either or both pedestrian or vehicular interconnections
with existing adjacent subdivisions. The question before the Board today is final plat approval.
Commissioner Wheeler wanted to see interconnectivity apply to subdivisions as
they come in and wanted to give direction to staff to include that in the Comp Plan and/or LDR
changes after the first of the year. There was no opposition to this suggestion.
Peter Robinson,
Laurel Homes, commented that neighboring subdivisions have
strongly protested interconnections in the past fearing speeding in their neighborhood. He urged
December 7, 2004
14
them to not destroy communities by passing laws that will encourage speeding through a
neighborhood.
There was a short discussion on traffic control.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously granted final
plat approval for Valencia Ponte, authorized the Chairman
to execute a Contract for Construction, and accepted the
letter of credit for the required sidewalk improvements, as
recommended in the memorandum of November 23, 2004.
COPY OF CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.T. DD,L.L.C.–FPA
ILECO EVELOPMENT INAL LAT PPROVAL FOR A
SKOHE
UBDIVSION TO BE NOWN AS AK OLLOW STATES
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously granted final
plat approval for Oaks Hollow Estates, authorized the
Chairman to execute the submitted Contract for
Construction of remaining required improvements, and
accepted the security arrangement, as recommended in the
memorandum of November 22, 2004.
CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
December 7, 2004
15
7.U. O--CTCC
UTOFOUNTY RAVEL FOR OMMISSIONERS AND OUNTY
AA18AN
TH
DMINISTRATOR TO TTEND THE NNUAL ATIONAL
CBPT
ONFERENCE ON EACH RESERVATION ECHNOLOGY
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
travel to Destin, Florida, February 2-4, 2005, to attend the
th
18 Annual National Conference on Beach Preservation
Technology, as requested in the memorandum of December
6, 2004.
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
None.
9.A.1. PUBLIC HEARING – MINT PRE-OWNED CARS’ REQUEST
FOR SPECIAL EXCEPTION APPROVAL FOR A USED
VEHICLE SALES BUSINESS (4560 US HIGHWAY 1)
(QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Division Director Stan Boling used a color site map (page 145) on the
overhead and then an aerial photograph of the area to enhance his review of the memorandum of
November 24, 2004. He described the projected use of the property while displaying the site plan
December 7, 2004
16
found on page 147 of the backup. The Planning & Zoning Commission unanimously
recommended the Board’s approval. Staff recommended approval with the conditions as listed.
There were no questions of staff
The Chairman opened the public hearing.
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Bruce Moia
, of Mosby, Moia, and Bowles, 2455 14 Avenue, the project engineer,
was present to answer questions and to request approval of the special exception.
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board unanimously found that
it is empowered under the provisions of Chapter 971 to
review the special exception applied for; that the granting
of the special exception will not adversely affect the public
interest; and that the application satisfies the general and
specific criteria required for special exception approval;
and granted special exception approval for the proposed
used vehicle sales business with the following conditions:
prior to issuance of a certificate of occupancy the applicant
shall: construct or bond out the required US Highway 1
sidewalk, and install all required landscaping as shown on
the site’s landscape plan; and the site will be required to
connect to public sewer if any future repairs are required for
the septic system, all as recommended in the memorandum
of December 6, 2004.
December 7, 2004
17
9.A.2. PUBLIC HEARING – ORDINANCE NO. 2004-040 – HENRY O.
PARMAN, INC. AND EVELYN F. NEVILLE’S REQUEST TO
TH
REZONE 37.94 ACRES FROM A-1 TO RM-6 (98 AVENUE
INITIATIVE) (QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating used a PowerPoint presentation (on
file with the backup) to review the memorandum of November 23, 2004. At the conclusion of his
comprehensive presentation, Director Keating responded to the questions of the Commissioners
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concerning the traffic on 8 Street, the gas line and high power lines, time frame on the project,
and how staff and the developer envision the development of the property.
Commissioner Wheeler expressed concerns about the proximity of the new Hibiscus
Airport, its value to the agricultural industry in this county, and complaints because of aircraft
noises from future residents.
Because of escalating property values, Director Keating thought that airport might
be moved in 5 to 10 years.
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Commissioner Davis thought this 98 Avenue initiative idea covers about 1200
acres and it might be better developed under a master plan and persuading developers to conform
to the idea otherwise it will look piecemeal out there. He saw it as a stay-ahead-of-the-game
opportunity to steer the growth out there in the direction the community wants. He wanted the
industrial and residential to appear seamless.
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Director Keating stated he had neglected to mention that the 98 Avenue initiative
does involve a school site the appropriate location of which is still under discussion and will be in
coordination with the School Board. They are looking at about 2200 units there as opposed to
2700 units in the south county initiative area. (Figures do not include industrial uses.)
December 7, 2004
18
The Chairman opened the public hearing.
Bob Johnson
, Coral Wind Subdivision, recommended against approval of this
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project until a “98 Avenue plan” is presented and approved by the Commission. The Board never
approved a similar plan for south county.
Chairman Neuberger thought it did not require approval by the Board and has asked
staff to stop calling it the “initiative”.
Dick Coker
, 1404 S. Andrews Avenue, Ft. Lauderdale, was present, along with the
engineer and the developer, to answer questions on behalf of the applicant. He stated that only 2
zoning districts are appropriate under the M-1 designation and the owners are asking for rezoning
to the lowest density allowable.
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Donna Keys
, Planning and Zoning Commission Chairman, pointed out that the 98
Avenue developers are applying under subdivision regulations not as planned developments
(PDs). This difference has limited the Commissioners’ ability to make any changes they might
want to make.
Robert Shelly
, Shelby Homes, developer of the property, advised that his company
has been a major part of the “south county initiative”, where they worked with staff and the
number of homes was brought down. The area was not planned piecemeal but in cooperation with
the other developers of that area. The mindset is to plan and to cooperate with the County. He
thought it was important to point out that this is now a desolate area and they wish to put in a
beautiful upscale townhome community.
Commissioner Davis asked how the Board could best address Donna Keys’ concern,
and Director Keating responded that Ms. Keys was correct, but staff has found that developers are
willing to cooperate or it could be a case of enlightened self-interest. He agreed that approvals are
easier, but he did not believe this to be a problem.
In response to Commissioner Davis, there was some discussion about changing the
land use in the area but success appeared unlikely as there were other zoning applications pending
under the current LDRs.
December 7, 2004
19
There were no additional speakers and the Chairman closed the public hearing.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Chairman Neuberger for discussion, to
approve staff’s recommendation.
Chairman Neuberger reiterated his concern about the nearby gas and power lines.
In response to Commissioner Bowden, County Attorney Collins explained we could
not require a developer to apply for a PD because in PDs the developers are asking for waivers and
we are asking for concessions from them in return that we normally would not get.
Commissioner Wheeler stated he would not support the motion because of the
significant public interest against rapid growth.
The Chairman CALLED THE QUESTION. The motion
carried 4-1 (Commissioner Wheeler opposed). (Ordinance
No. 2004-040 adopted amending the Zoning Ordinance and
the accompanying Zoning Map for +/- 37.94 acres located
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north of 8 Street and west of I-95, from A-1, Agricultural
District (up to 1 unit/5 acres), to RM-6, Multiple-family
residential district (up to 6 units/acre), and providing
codification, severability, and effective date.
9.A.3. PUBLIC HEARING –DENIAL OF PASKOR LLC’S REQUEST
FOR A SMALL SCALE COMPREHENSIVE PLAN FUTURE
LAND USE AMENDMENT TO REDESIGNATE 3.71 ACRES
FROM L-1 TO L-2 (LEGISLATIVE)
December 7, 2004
20
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Community Development Director Bob Keating reviewed the memorandum of
November 29, 2004 concerning this proposed amendment to Comp Plan using an aerial of subject
property and a PowerPoint outline to enhance his comprehensive presentation. He specified that
this is now a wooded site just west of SR A1A and is in the coastal high hazard zone. He advised
that the P & Z unanimously recommended for denial; that was staff’s recommendation as well.
We would have to amend the policy in the Comp Plan before this could be approved; that is the
policy not to put any more people in the Coastal High Hazard Area. Normally an applicant can be
persuaded not to pursue the request but this was not the case in this instance.
The Chairman opened the public hearing.
Michael O’Haire,
a lawyer representing the applicant with offices on Cardinal
Drive in Vero Beach, advised he was unable to speak at the P & Z meeting because he was without
an office and without a home at the time due to hurricane damage. He claimed that the P & Z’s
decision that this plan is inconsistent with the Comprehensive Land Use Plan was wrong and that
Mr. Keating was wrong. He used an aerial photograph to show the location of the property in
relationship to properties taken off the boards for development by United States Fish and Wildlife
to point out that hundreds of acres have been taken over by the public sector and are no longer able
to be developed because of conservation designation. His point was that the densities were
established in 1990 (driven by a 1983 study), but densities were considerably reduced by placing
all those acres in conservation, and there would be little increase in density by development of this
subject parcel (development) whether by a normal subdivision or a planned development
application. They had applied for PD zoning as well as a Comp Plan change that he claimed are
routinely filed and processed simultaneously. When he saw the P & Z agenda without the PD
rezoning request, he contacted County Attorney Collins, and saw no reason why the two
December 7, 2004
21
applications could not be considered simultaneously. He had amended the requested Comp Plan
amendment to make it conditional on the PD site plan.
Director Keating interjected to advise the Board that there is no way possible to
condition the Comp Plan amendment to a PD rezoning.
Mr. O’Haire
continued by informing the Board of the PD plan to which his client
has committed if the Comp Plan amendment is approved. On A1A the water and sewer mains are
in place and that infrastructure is going to waste. The rezoning request will have to be considered
separately. There would be a net reduction in density and this application is not subject to the
Florida Department of Community Affairs approval but is just subject to the Board’s approval and
he urged them to do so. There would be only 22 units total.
Commissioner Wheeler inquired about the densities Mr. O’Haire had talked about
because that was all agricultural land earlier, and Director Keating noted that densities were
included in the 1982 Comprehensive Plan.
Director Keating continued that Mr. O’Haire was completely wrong by reading
words and concepts into the Policies in the Comp Plan that are not there. Policy 17.1 says that the
County shall not approve plan amendments that increase the residential density or land use
intensity within the Coastal High Hazard area. He claimed that Mr. O’Haire was inventing
concepts such as “net density” and making the assumption that the County will get a better project
but there is no commitment that the applicant has to do the plan he projected. If the designation is
changed to L-2 and the applicant does not proceed with a PD rezoning, he would have the right to
come back and get a conventional zoning district such as RM-6.
Mr. O’Haire
read into the record a portion of page 59 of the Future Land Use
Element having to do with hurricane evacuations. He claimed he was not wrong and was not
inventing things.
st
Keith Pelan
, Kimley Horn and Associates, 601 21 Street, advised that he had been
working on this for about 6 months and initially submitted a PD package with the Land Use
amendment request. It seemed to him that their hands are tied in attempts to get good projects. It
was learned during the process that the PD zoning category is not compatible with any of the land
December 7, 2004
22
use categories. He saw it as a flaw in the system, that is, there ought to be some ability to tie it to
the Comp Plan amendment so the County has control and developers get better projects. He called
the PD process a negotiated settlement and described their plan that included preservation or
relocation of the trees on the property. He asked the Commissioners to help them find a way to
develop a PD of 22 units on this property rather than an RS-3 subdivision.
Director Keating explained that they would receive all the same benefits by doing a
PD in L-1. There is no requirement for them to do an RS-3 subdivision, although they could do an
RS-3 and do a PD Special Exception and do attached units and still get a lot of the same benefits
with fewer units. What they want is more of a yield/an increase in density.
Mr. Pelan
responded that was correct, however, they were going to ask for all the
other requirements whether it is developed as 10-11 units or 22 units. It comes down to economics
and there is no incentive to do a 3 unit/acre PD.
Bill Glynn
, 1802 Barefoot Place, Vero Beach, speaking as president of the North
Beach Civic Association and the Barrier Island Coalition, gave the history of defeats of projects
for high rises and other developments in the area. He saw approval of this as spot zoning at its
worst; it is right across the street from Gloria Estefan’s estate. It should not be developed but
acquired by the County through the LAAC for conservation. He urged the Board to not allow
multi-family north of CR-510.
Paul Tritaik
, the manager of Pelican Island and Archie Carr National Wildlife
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Refuges, who resides at 6710 49 Street, Vero Beach, urged the Board to approve staff’s and the P
& Z’s recommendation. This development would be inconsistent with the surrounding land use
and would set a dangerous precedent in this high hazard area. This parcel, formerly part of the
Korangy property, would lend itself to conservation.
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Fred Mensing
, 7580 129 Street, Sebastian, would like to see the Board reject this
and see a program developed where government buys the property and gives the owner life rights.
People do not need to live in the coastal high hazard zone where hurricanes have cut the barrier
island in the past. He thought there should be no homes from the Sebastian Inlet to Windsor. The
December 7, 2004
23
experts are saying we are going to see an increase in storms and we do not need people living up
there; in fact we do not need anyone living east of A1A.
David Cox
, of Summerplace and president of Pelican Island Preservation Society,
opposed the prospect of density on this property; the best use would be for the County to purchase
it for conservation. We have attempted to negotiate with the owner who is unwilling to sell for
conservation at this point. He urged the Commissioners to act on behalf of public health and safety
by denying this application.
Bob Johnson
, Coral Wind Subdivision, suggested another alternative, that is, to
send it back to P & Z and let them work out the technical details. It seemed like a win-win
situation for the taxpayer.
Maryann Kreeger
, 121 Miller Drive, Sebastian, thought that representatives of all
the conservation organizations were present at this meeting. She predicted anyone living there
would have objections to critters as well as the mosquitoes and warned that use of pesticides,
sprays, and fertilizers would negatively impact the entire area. She was thankful for what the
County has done in the past to preserve and protect Indian River County.
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Jens Tripson
, 2525 14 Street, Vero Beach, encouraged the Board to deny the
application. The impact on the wildlife refuge at this point would be very negative.
Mr. O’Haire,
as a rebuttal, asked the Commissioners to remember that this property
is privately owned and does not exist just for the privilege of paying taxes. It was not acquired as
part of the Refuge and it will be developed either as a typical subdivision or as a PD.
B. J. McClure,
395 Nieuport Drive, Vero Beach, pointed out that the issue is
whether or not you can increase the density on this parcel and he thought the answer was a
resounding “no”. He suggested that following Mr. O’Haire’s argument to its illogical conclusion
would allow any landowner within the high hazard area on the barrier island to increase the density
of his parcel simply by using the same argument.
There were no additional speakers and the Chairman closed the public hearing.
December 7, 2004
24
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Lowther, to approve staff’s
recommendation.
Under discussion, Commissioner Davis understood the community does not want an
increase in density and would support the motion for staff’s recommendation.
The Chairman CALLED THE QUESTION and it carried
unanimously. (The Board denied the proposed amendment
to change the subject property’s land use designation, and
policies of the Comprehensive Plan.)
The Chairman called for a short recess at 10:56 a.m. The meeting was reconvened at
11:04 a.m. with all members present.
9.A.4. PUBLIC HEARING – ORDINANCE NO. 2004-041 –
ORDINANCE AMENDING COUNTY TREE PROTECTION
AND LANDSCAPE REQUIREMENTS (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
(Clerk’s Note: Staff distributed an additional memorandum dated December 6,
2004 on this item prior to the meeting.)
Environmental & Code Enforcement Chief Roland DeBlois gave a comprehensive
presentation using a Power Point outline (on file in the office of the Clerk to the Board), reviewed
the memoranda of November 29 and December 6, 2004, the revisions recommended by staff and
December 7, 2004
25
the Professional Services Advisory Commission’s (PSAC) position (amendments), all as stated in
the memoranda. He also reviewed Brevard County’s and St. Lucie County’s efforts to preserve
trees. He asked that the Board set an effective date to a future time to allow the public and staff to
digest and adjust to the implementation of the new requirements.
Chairman Neuberger suggested the lot size be changed from less than an acre to less
than a ½ acre. He also inquired about the protected species including the cabbage palms.
Although cabbage palms are not technically protected, Mr. DeBlois advised the
intent was to encourage developers to preserve them as native palms of the area.
County Administrator Baird pointed out that additional staffing would be needed to
enforce each one of the proposals (P & Z, Pelican Island Audubon Society, and staff) and gave
estimated costs and revenues for each scenario. He thought the Commissioners might want to
keep those costs in mind when making their decision.
Commissioner Wheeler wanted clarification on cabbage palms, and Mr. DeBlois
advised of the desirability of saving them as a native palm of the area. Clustering three of them
would meet the requirement for one canopy tree. That was the PIAS recommendation. Under the
proposal they are protected trees and there would be an incentive to retain them. The costs were
determined in an effort to save the trees.
Commissioner Wheeler suggested the Professional Services Advisory Committee
(PSAC) be expanded to include someone with expertise in trees, rather than creating a new tree
advisory committee. Mr. DeBlois responded that staff would support it and it could be
incorporated into staff’s recommendation.
The Chairman opened the public hearing.
Bruce Barkett
, 756 Beachland Boulevard, requested elimination of that provision
in Section 927.11 on page 12 of the proposed ordinance concerning creation of an easement in
relation to the critical root ball of a tree because it would be a public records nightmare.
Otherwise, he tended to agree with staff’s recommendation.
December 7, 2004
26
County Attorney Collins advised of other reasons to not include the easement
creation.
Director Keating explained staff was to protect the trees at a time they thought
would be most appropriate.
Mr. DeBlois defended the concept but would work with our attorneys to revise it.
Mr. Barkett agreed that Mr. DeBlois’ explanation calling is “right on.”
Commissioner Davis agreed it was a good intent but it should not create problems
for the homeowners.
Commissioner Bowden thought common sense should prevail and agreed it should
not put a hardship on the homeowner or the developer. A developer should follow the natural
vegetation and homebuyers need to be educated about the trees.
Commissioner Wheeler understood that this would mean a tree in a new subdivision
or a PD would be there forever; it would be replaced if it died.
Director Keating advised staff could work with the developers to move lot lines and
roads in order to protect the trees in a new subdivision or a PD.
Susan Lewis
explained her family bought in The Preserve because they thought the
trees would be preserved, but the builder came along and decided it cost too much money to save
them.
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Fred Mensing
, 7580 129 Street, Sebastian, suggested all trees should be far
enough from a house so that when fully grown they will imperil the house or electrical lines.
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Billie Wagner,
2225 20 Avenue, did not want to see a hardship for those on
single-family lots; he thought people could choose for themselves whether they want trees or not.
He suggested a bond for keeping new trees alive.
Bonnie Veron
, 283 Peppertree Drive, advised the Garden Club members voted to
support the PIAS recommendations.
Robert Swift
, 6450 Glendale Road, advised that developers generally recognize the
value of a tree canopy. He would support additional staff that would be necessary for proper
enforcement.
December 7, 2004
27
Bob Smith,
295 Coconut Palm Court, noted “protection” is the operative word in
this ordinance.
Bob Johnson
, Coral Wind Subdivision, recommended against another committee
and the additional cost of 3 new employees at this time. He favored the exemption should be for ½
acre lots not 1 acre.
David Cox
, Summerplace, a member of PIAS, stated we need rules and regulations
and some method to monitor them to reduce the careless destruction or trees.
Debb Robinson
, 315 Greytwig Road, vice president of Laurel Developers,
supported a tree “planting” initiative. She opposed a tree advisory committee and hoped they
would not require easements on plats.
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Cheryl Cummins,
2225 15 Street, urged the Board to consider a tree ordinance
because trees are beautiful and are needed.
Dr. Richard Baker
, president of the PIAS, stressed that this is a tree “protection”
ordinance. He favored the establishment of a tree advisory committee consisting of only three
people or “beef up” the PSAC by having 2 people with concern for trees. He feared that exempting
small lots was too large a loophole.
Peter Robinson
, Laurel Homes, stated the City of Vero Beach does not have
anyone to inspect the trees, but Commissioner Bowden explained how the City’s tree ordinance
works within the city’s limits.
Chip Landers
, Silver Oak Estates, expressed concern about private property rights
and agreed with most of staff’s recommendations.
Pat Sawyer,
Coconut Palm Road, Indian River Shores, urged adoption of a tree
ordinance that would save trees but not create nightmares for property owners.
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Jens Tripson
, 2525 14 Street, Vero Beach, explained the differences between
cabbage palms, sable palmetto, and Everglades palms. He urged adoption but asked that they get
rid of the easement by tweaking the proposed ordinance.
There were no additional speakers and the Chairman closed the public hearing.
December 7, 2004
28
Commissioners began their discussion that included an explanation of credits for
saving trees by Mr. DeBlois.
MOTION WAS MADE BY Commissioner Davis,
SECONDED by Commissioner Wheeler to have a tree
protection ordinance with specifics to be determined by
discussion. *
Under discussion, Chairman Neuberger recommended another public hearing on
this issue.
County Attorney Collins had been looking at striking language regarding the
easement and recommended just leaving the easement out.
Discussion ensued about the lot sizes and it was noted that there are still thousands
of existing individual undeveloped small lots out there.
Commissioner Bowden’s main concern was protecting the oaks and tree canopies.
Commissioner Davis’ main concern was protection of the trees without trampling
on property rights yet still having an enforceable ordinance.
Commissioner Wheeler thought they should first decide on lot size for the
exemption; he thought it should be dropped down to ¼ acre.
Director Keating pointed out the difficulties in saving trees on the small lots.
Commissioner Wheeler reiterated his desire to exempt any lot a ¼ acre or smaller.
County Administrator Baird stated we would need at least 2 new code enforcement
officers to do that.
Director Keating advised how most of the work for determining tree clearance
compliance on new construction on small lots would be done in the office. It would also have to be
determined if an area could be cleared for a play area for children. More in-the-field work would
have to be done on existing lots when looking at permits for adding a pool, shed or an addition to
December 7, 2004
29
the house. If a tree needs to be protected, but then removed, the enforcement part of it begins.
Staff would also have to differentiate between the protection of trees and planting of canopy trees.
He anticipated code enforcement rather than building inspectors would do inspection and the
enforcement.
There was discussion and apparent agreement to not have a tree advisory committee
but to create a position on the PSAC for someone with tree knowledge and interest. It was also
agreed to remove the easement language.
*County Attorney Collins understood the motion to be: to approve the ordinance
exempting single family lots of less than ¼ acre, no easement will be required, a minimum of two
trees planted rather than one for every 2500 square feet, and the trees would be a minimum of two
inches at planting, and staff will come back with recommendations for membership on the PSAC.
Mr. DeBlois suggested that if the Board was to lower the threshold to less than an
acre, staff would support ⅓ of an acre versus the ¼ acre.
Chairman Neuberger understood 3 units to an acre would be excluded because of the
RS-3 category. It would be the small existing lots in the older subdivisions.
Commissioner Davis asked for clarification for someone wanting to clear a ½ acre
lot for playing football with the children.
Mr. DeBlois noted that staff did not want to see the County dictating to homeowners
on existing lots about what they could or could not do on their own property.
Commissioner Bowden noted that the City of Vero Beach encountered problems
with people coming from outside who did not value the trees and took them down.
Commissioner Davis wanted common sense, a balance in the way it is done, and he
was having a hard time to find the right way to do it.
County Administrator Baird cautioned there would be more problems with ¼ acre,
and Commissioners Lowther and Wheeler thought it would be easier to ease restrictions later if
they find it necessary.
There was discussion about whether or not the motion was clear or not.
December 7, 2004
30
Commissioner Wheeler WITHDREW HIS SECOND in
anticipation of a new, more specific motion.
County Administrator Baird requested they exempt the ¼ and ⅓ acre lots; it would
be a lot easier for staff to implement.
The Chairman polled the Commission and there were three Commissioners who
favored the ¼-acre provision.
Discussion ensued.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Chairman Neuberger, to exempt ¼ acre
and smaller lots, to have no tree advisory committee, to add
two new members to the PSAC to monitor trees, easement
language excluded, 2″ caliper not 3″ caliper, and the rest as
staff had recommended, with an effective date in 90 days.
County Administrator Baird reminded the Commissioners that it would take a
budget amendment to implement enforcement of this ordinance.
The Chairman CALLED THE QUESTION and the Board,
by a vote of 4-1 (Commissioner Davis opposed), adopted
Ordinance No. 2004-041 amending Chapters 901, 912, 926,
and 927 of the Land Development Regulations (LDRS)
relating to tree protection and landscaping requirements;
revising definitions of “protected” and “specimen” trees;
strengthening specimen tree protection requirements;
requiring a 2 to 1 replacement ratio for the removal of
hardwood trees 12 inches or more in diameter; requiring
December 7, 2004
31
tree removal permits for single-family lots more than ¼
acre in size; increasing penalties and fines for illegal
vegetation removal; requiring two canopy trees on newly
developed single-family lots, and providing for repeal of
conflicting provisions, codification, severability and
effective date.
(CLERK’S NOTE: At 1:22 p.m., Chairman Neuberger announced there would be a
short recess and Item 10 would be the next matter before the Board. At 1:32 the Chairman
reconvened the meeting with all members present. The Chairman called Item 10 as the first matter
they would consider prior to finishing the agenda in order. These minutes are written in agenda
sequence order.)
9.A.5. PUBLIC HEARING – RESOLUTION NO. 2004-145 – TAX
EQUITY FISCAL RESPONSIBILITY ACT (TEFRA) PUBLIC
HEARING – ESCAMBIA COUNTY HOUSING FINANCE
AUTHORITY – SINGLE-FAMILY MORTGAGE REVENUE
BONDS – INTERLOCAL AGREEMENT
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Administrator Baird reviewed his memorandum of November 29, 2004, and
explained that this public hearing is required by the TEFRA.
The Chairman opened the public hearing. There were no speakers and the Chairman
closed the public hearing.
December 7, 2004
32
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Resolution No. 2004-145 authorizing the Escambia County
Housing Finance Authority to operate within the
boundaries of Indian River County, Florida, to finance
qualifying single-family mortgage loans on behalf of Indian
River County, Florida; authorizing the Board of County
Commissioners to enter into agreements with the Escambia
County Housing Finance Authority and to execute and
deliver certain documents and instruments in connection
therewith; approving a form of interlocal agreement;
approving the issuance by the Escambia County Housing
Finance Authority of not exceeding $150,000,000 single
family mortgage revenue bonds, Series 2005, (multi-county
program, pursuant to Section 147(f) of the Internal Revenue
Code of 1968, as amended; providing that such bonds
constitute limited, special obligations; and providing an
effective date.
NOTICE OF INTENT TO ISSUE BONDS AND
COPY OF RECORDED INTERLOCAL AGREEMENT
(AND AN ORIGINAL) ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
9.B.1. PUBLIC DISCUSSION ITEM – BRIAN HEADY –
EXPENDITURE OF TAX DOLLARS
Not present at the meeting.
December 7, 2004
33
9.B.2. PUBLIC DISCUSSION ITEM – CAROLINE GINN – FIRE
SERVICES/EMS CONSOLIDATION/CROSS TRAINING
Caroline Ginn
Former Commissioner, 1134 Galleon Lane, stated that she did not
expect to appear before them very often. She reviewed her memorandum of November 29, 2004
and other information presented in the backup. She also reviewed her memorandum of November
15, 2004, along with other handouts which all have been placed with the backup in the office of the
Clerk to the Board. She used these references to enhance her presentation in strong opposition to
combining the fire services and paramedic services of Indian River County. She pointed out
budget increases in other jurisdictions when they consolidated their fire and EMS. She did not
favor building additional EMS stations if there is already a fire station in the same locale. She
implored the Commissioners be statesmen in this issue and do their best for the residents of Indian
River County. She hoped they would consider what she said.
NO ACTION REQUIRED OR TAKEN.
9.B.3. PUBLIC DISCUSSION ITEM – CHARLES R. LEWIS – THE
PRESERVE OF VERO
th
Susan Lewis,
430 25 Avenue SW, appeared on behalf of her husband and spoke of
problems in The Preserve that go back to when the developer transferred ownership to the
homeowners. She mentioned several problems the homeowners are facing for which the
developer should be held responsible. Typically, however, the developer gets the certificate of
occupancy, leaves, and then the problems are discovered but the homeowners have no recourse
against the developer except in court. She was looking for a way for the County to help coordinate
the developer with the builder and the builder with the homeowner. She suggested that in the
December 7, 2004
34
future the County could have an additional review of the developer’s responsibilities to the
homeowners. For example, a County inspector would be there with all the parties to review and
everyone sign off after examination.
County Administrator Baird advised staff is looking at options of making the bonds
more stringent and more costly. They could also look at making a provision in the LDRs.
Nevertheless. County Attorney Collins advised that this situation is a civil matter
Several suggestions for solutions were offered including having a public workshop.
NO ACTION REQUIRED OR TAKEN.
9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON DECEMBER 14, 2004
9.C.1.SP–R(PD)
EBASTIAN ARK EQUEST FOR PLANNED DEVELOPMENT
PD.
SPECIAL EXCEPTION USE AND CONCEPTUAL PLAN APPROVAL
SGH,LTD.,O.K,MG
EBASTIAN ROVES OLDING WNER NIGHT CUIRE
A,I.,A.L
AND SSOCIATES NC GENT OCATED ON THE NORTH SIDE OF
8S/CR510,LMS,
TH TREET EAST OF IBERTY AGNET CHOOL AT THE
85S/CR51086A.
THTH
NORTHEAST CORNER OF TREET AND VENUE
ZC:RS-3,S-FR
ONING LASSIFICATION INGLEAMILY ESIDENTIAL
D(3/),A-1,A
ISTRICT UP TO UNITSACRE AND GRICULTURAL
D(1/5).P:2.51
ISTRICT UP TO UNIT ACRES ROPOSED DENSITY UNITS
.(L)
PER ACRE EGISLATIVE
December 7, 2004
35
9.C.2.AOBCC
N RDINANCE OF THE OARD OF OUNTY OMMISSIONERS OF
IRC,FDM
NDIAN IVER OUNTY LORIDA ECLARING A ORATORIUM ON
AAI
THE CCEPTANCE OF PPLICATIONS AND THE SSUANCE OF
PARR,
ERMITS AND PPROVALS FOR ESIDENTIAL EZONINGS
RSPA,RP
ESIDENTIAL ITE LAN PPROVALS ESIDENTIAL LANNED
DCPA,
EVELOPMENTS WITHOUT ONCEPTUAL LAN PPROVAL
RPPAA
ESIDENTIAL RELIMINARY LAT PPROVALS AND FFIDAVIT OF
EAU
XEMPTION PPROVALS WITHIN THE NINCORPORATED AREA OF
IRC;PE;P
NDIAN IVER OUNTY ROVIDING FOR XCEPTIONS ROVIDING
FC;PS;SF
OR ONFLICTS ROVIDING FOR EVERABILITY ETTING ORTH
EED
XPIRATION AND FFECTIVE ATES
9.C.3.HHSPWS–
AEGER IGHLANDS UBDIVISION ETITION ATER ERVICE
10A4S,IRC
THTH
VENUE SOUTH OF TREET NDIAN IVER OUNTY
PN.UCP-2468
ROJECT O
Executive Aide to the Board Kimberly Massung read the notices into the
record.
10.A. COUNTY ADMINISTRATORS MATTERS – RESOLUTION
NO. 2004-146 - THE FLORIDA ENTERPRISE ZONE
PROGRAM – VERO BEACH MUNICIPAL AIRPORT –
GIFFORD COMMUNITY
December 7, 2004
36
(CLERK’S NOTE: This matter was considered after the break at 1:22 p.m. The
Chairman reconvened the meeting at 1:32 p.m. and announced that Item 10.A. would be heard
next. ADDITIONAL NOTE: Two handouts were received at the meeting; they have been filed
with the backup in the office of the Clerk to the Board.)
Helene Caseltine
, Economic Development Director with Indian River County
Chamber of Commerce, gave an overview of the proposed Enterprise Zone Program (copy on file
in the Office of the Clerk to the Board). She explained that this has nothing to do with local laws,
rezoning, or land use but is an incentive to benefit the businesses and homeowners in this
designated area and is a tool to recruit businesses to that area. The 10-area under consideration
includes the Vero Beach Airport and the nearby Gifford community. Local support is necessary
from both the City of Vero Beach and the Board of County Commissioners. She advised that State
Representative Stan Mayfield and representatives from New Piper Aircraft were present and
introduced Mr. Von Hoff with the Governor’s Office to explain this project further and respond to
questions.
Burt Von Hoff
explained this State of Florida program and that it is sometimes
confused with a similar program of the Federal Government. The State’s program has been around
since 1982. He then advised the steps necessary for inclusion in the enterprise zone program
including an interest of the municipal and county governments, legislative action, designation of a
10 square mile area, and creation of an enterprise zone development agency (EZDA) to help guide
the redevelopment of the designated area. The EZDA would be created by the Board of County
Commissioners and would consist of 8-13 members. The Statutes provide a number of permissive
acts, such as borrowing and appropriating money if they choose to do so. Operating an enterprise
zone is primarily administrative.
Discussion ensued regarding the administration of the EZDA as set out in the
Florida Statutes.
State Representative Stan Mayfield
confirmed that the support starts here and
with the City of Vero Beach Council. He would then take it to the Legislative Delegation and then
December 7, 2004
37
would go forward with legislation to implement it. He stated he was fully supportive of this
program for our area because it would give us a level playing field with the surrounding counties.
It is a tool to lure new business and assist existing businesses toward expansion. He urged the
Commissioners to support it.
Debt service and other financial concerns were discussed.
County Administrator Baird suggested administration of the EZDA be performed by
the local Chamber of Commerce’s Economic Development Council.
Mr. Von Hoff
specified that the EZDA program will sunset December 31, 2005
because the Legislature usually sets a program for 10 years. Extension of the program is currently
under consideration by the Senate Commerce Committee and it is expected they will introduce a
bill to renew it for another 10 years.
Representative Mayfield
saw this as a very successful program and did not foresee
that it would be discontinued.
County Attorney Collins advised that according to the Statutes, this appears to be a
competitive process and wanted to know how competitive it is.
Mr. Von Hoff
explained that the new zones do not have the competitive process; it
is merely an eligibility request.
County Attorney Collins read the weighting requirements and the phrases having to
do with investment and inquired if the County would have to make any financial commitments or
if that part was done away with along with the competition, and Mr. Von Hoff responded that it is
possible that there would be no financial commitments.
Commissioner Lowther understood that the citrus packinghouses west of the airport
could be included in this district.
Ms. Caseltine
confirmed that any business within the district that pays into the state
sales tax or the state corporate tax would benefit from this program. She also indicated her
previous experience and familiarity with this program and her willingness to take on the
responsibility of administering it at the Chamber of Commerce.
December 7, 2004
38
Chairman Neuberger recognized Mr. Suma in the audience and asked if he wished to
speak on this matter.
Chuck Suma
, New Piper Aircraft, advised that prior to Hurricanes Frances and
Jeanne they had spent 2 years rebuilding New Piper Aircraft with great success. After having lost
300,000 square feet (because of the hurricanes) they have quite a challenge to rebuild and retrain to
bring their employment level back to pre-hurricanes. There is a good market now for aircraft and
Piper would like to take advantage of some of the tax abatements, additional tax incentives, and
hire from the enterprise zone. He considered the program a catalyst in bringing other
manufacturing jobs into the community and it will accelerate Piper’s rebuild.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Lowther, the Board unanimously adopted
Resolution No. 2004-146 supporting the creation of an
enterprise zone, to include the Gifford Community along
with areas surrounding, and including the Vero Beach
Municipal Airport.
STATE REPRESENTATIVE STAN MAYFIELD –
LEGISLATIVE UPDATE
Representative Mayfield stated the Legislature will begin a special session next
week on Monday and he expected they would be finished by Thursday. One of the issues they will
be addressing is double deductibles for insurance on homesteaded property. They will also
consider beach renourishment emergencies across the state. He expected Indian River County
would be receiving funding for renourishment of the devastated beaches that would allow Indian
River County to reconstruct the dune to pre-storm condition with consideration for turtle nesting
season. Another issue to be addressed will be citrus canker eradication.
December 7, 2004
39
He then responded to questions and reminded the Commissioners to bring their
concerns to the Legislative Delegation whose members will be coming together before their next
regular legislative session.
11.A. COMMUNITY DEVELOPMENT – RESOLUTION NO. 2004-147
TH
– DESIGNATION OF 129 PLACE (BAIRD STREET)
TH
RIGHT-OF-WAY LYING BETWEEN 80 COURT (ELDER
TH
AVENUE) AND 80 AVENUE (ESTES AVENUE) AS A
“LIMITED USE RIGHT-OF-WAY” – REQUESTED BY
DANIEL SPARKS
Planning Division Director Stan Boling reviewed the memorandum of November
30, 2004, using an aerial photograph as well as pages 326 and 329 displayed on the overhead to
enhance his presentation.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously adopted
Resolution No. 2004-147 authorizing the execution of
District Four Maintenance Memorandum of Agreement
with respect to US#1 (State Road No. 5).
December 7, 2004
40
11.B. EMERGENCY SERVICES
None.
11.C. HUMAN SERVICES
None.
11.D. HUMAN RESOURCES
None.
11.E. HUMAN SERVICES
None.
11.F. LEISURE SERVICES
None.
11.G.1. OFFICE OF MANAGEMENT AND BUDGET
None.
December 7, 2004
41
11.H.1. RECREATION
None.
11.I.1. PUBLIC WORKS – FEMA (FEDERAL EMERGENCY
MANAGEMENT AGENCY) DEBRIS MONITORING
SERVICES – WCG/NEEL-SCHAEFFER, INC. – WORK
ORDER NO. 2
Public Works Director James Davis reviewed the memorandum of November 24,
2004.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Work Order No. 2 and authorized the Chairman’s signature
on same, as recommended in the memorandum of
November 24, 2004.
COPY OF WORK ORDER NO. 2 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.2. PUBLIC WORKS – RESOLUTION NO. 2004-148 – FLORIDA
DEPARTMENT OF TRANSPORTATION MAINTENANCE
RD
AGREEMENT FOR LANDSCAPING – US#1 FROM 33
STREET TO CR 510 (7.65 MILES)
December 7, 2004
42
Public Works Director James Davis reviewed the memorandum of November 23,
2004.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board unanimously adopted
Resolution No. 2004-148 authorizing the execution of
District Four Maintenance Memorandum of Agreement
with Respect to US#1 (State Road No. 5).
COPY OF PARTIALLY EXECUTED AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.3. PUBLIC WORKS – VERO BEACH INVESTMENTS, LLC –
DEVELOPER’S AGREEMENT -TURTLE RUN RESIDENTIAL
NDTH
DEVELOPMENT–82 AVENUE NORTH OF 12 STREET
Public Works Director James Davis reviewed memorandum of November 22, 2004.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously approved the
proposed developer’s agreement with Vero Beach
Investments, LLC and authorized the Chairman to execute
same, as recommended in the memorandum of November
22, 2004.
DEVELOPER’S AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
December 7, 2004
43
11.I.4. PUBLIC WORKS – SEGOVIA LAKES PLANNED
DEVELOPMENT – DEVELOPER’S AGREEMENT AND LAND
EXCHANGE AGREEMENT
This item was deleted from the agenda.
11.I.5. PUBLIC WORKS – EAST GIFFORD STORMWATER
IMPROVEMENTS – CHANGE ORDERS NO. 002, 003, 004,
AND 005 – FINAL PAY REQUEST INCLUDING RELEASE OF
RETAINAGE
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously approved and
authorized the Chairman to execute Change Orders No.
002, 003, 004, and 005 and the Contractor’s Final Pay
Request including the release of the project retainage, as
recommended in the memorandum of November 23, 2004.
CHANGE ORDERS NO. 002, 003, 004, & 005 ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.6. PUBLIC WORKS – BRADFORD PLACE RESIDENTIAL
DEVELOPMENT – SHELBY HOMES AT OSLO, INC. –
DEVELOPER’S AGREEMENT – DEDICATION OF
RIGHT-OF-WAY, SALE OF RIGHT-OF-WAY AND FUNDING
CONTRIBUTION BY DEVELOPER
December 7, 2004
44
Public Works Director James Davis reviewed the memorandum of November 29,
2004 and addressed questions and concerns of Commissioner Lowther regarding on intersection at
thth
27 Avenue and 5 Street SW.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Developer’s Agreement and authorized the Chairman to
execute same, as recommended in the memorandum of
November 29, 2004.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.J. UTILITIES SERVICES – BID AWARD #7029 – RE-BID OF THE
CENTRAL REGIONAL WASTEWATER TREATMENT PLAN
EXPANSION – INDIAN RIVER INDUSTRIAL
CONTRACTORS
Utility Services Director Erik Olson reviewed the memorandum of November 29,
2004 and responded to questions.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
Bid #7029 to Indian River Industrial Contractors as the
lowest most responsive and responsible bidder meeting the
December 7, 2004
45
specifications as set forth in the Invitation to Bid, as
recommended in the memorandum of November 29, 2004.
12. COUNTY ATTORNEY – APPEAL OF COUNTY ATTORNEY’S
DECISION REGARDING MARINA VILLAGE TRACT “A”
This item was withdrawn.
13.A. CHAIRMAN ARTHUR R. NEUBERGER – CANCELLATION
OF DECEMBER 21, 2004 REGULARLY SCHEDULED BOARD
OF COUNTY COMMISSIONERS’ MEETING
Chairman Neuberger asked if anyone objected to cancellation of their regular
meeting on December 21, 2004.
There were no objections.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board unanimously approved
not holding the meeting scheduled to be held on December
21, 2004,
13.B. VICE CHAIRMAN THOMAS S. LOWTHER
None.
13.C. COMMISSIONER SANDRA L. BOWDEN
December 7, 2004
46
None.
13.D. COMMISSIONER WESLEY S. DAVIS
None.
13.E. COMMISSIONER GARY C. WHEELER
None.
14.A. EMERGENCY SERVICES DISTRICT
None.
14.B. SOLID WASTE DISPOSAL DISTRICT
1. AMRMN2,
PPROVAL OF INUTES OF EGULAR EETING OF OVEMBER
2004
2. AMRMN9,
PPROVAL OF INUTES OF EGULAR EETING OF OVEMBER
2004
3. FTR,I.(FTR)–WTA
LORIDA IRE ECYCLING NC ASTE IRE GREEMENT
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 and is appended to this document.
14.C. ENVIRONMENTAL CONTROL BOARD
December 7, 2004
47
None.
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 3:01 p.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman
Minutes Approved: _________________
BCC/PR/2004 Minutes
December 7, 2004
48