HomeMy WebLinkAbout02/15/2005INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF FEBRUARY 15, 2005
1. CALL TO ORDER........................................................................................1
2. INVOCATION...............................................................................................1
3. PLEDGE OF ALLEGIANCE......................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS............................................................................................................2
5. PROCLAMATIONS AND PRESENTATIONS.......................................2
6.A. APPROVAL OF MINUTES - GROWTH AND DEVELOPMENT
WORKSHOP OF JANUARY 12, 2005 ......................................................2
6.B. APPROVAL OF MINUTES - REGULAR MEETING OF
JANUARY18, 2005.......................................................................................3
7. CONSENT AGENDA...................................................................................3
7.A. REPoRTs.....................................................................................................................3
7.B. PROCLAMATLONDEsLGNATLNGMARCHl-6, 2005ASMENTALLYHANDLCAPPED
WEEK -KNIGHTS of CoLUMBus - 33RDANNUAL Toomm ROLL DRIVE..................3
February 15, 2005 1
7.C.
APPROVAL OF WARRANTS- JANUARY 28 - FEBRUARY 3, 2005 .................................4
7.D.
PROPOSED RESOLUTION TO DISSOLVE THE UTILITY ADVISORY COMMITTEE
(TABLED).....................................................................................................................4
7.E.
EAST ROSELAND STORMWATER IMPROVEMENTS - DEDICATION OF
CONSERVATION EASEMENTS TO ST. JOHNS RIVER WATER MANAGEMENT
DISTRICT(SJRWMD)................................................................................................5
7.F.
RESOLUTION Nos 2005-017 AND 2005-018 - JOLNT PARTICIPATION
AGREEMENTS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) - HURRICANES FRANCES AND JEANNE - FEDERAL EMERGENCY
MANAGEMENTAGENCY (FEMA)...............................................................................5
7.G.
RESOLUTIONN6.2005-019-MISCELLANEOUSBUDGETAMENDMENT006 .............6
7.K
RESOL UTIONNO. 2005-020 - TRAFFIC CONTROL DEVICE LEDGER ......................... 7
7.L
HUMANE SOCIETY COMPENSATION RATES - CONTRACT FOR PROVIDING
ANIMAL SHELTER SER vIcES FY200412005 AND 2005/2006 ..................................... 7
7.J.
RESOLUTION NO. 2005-021 - AUTHORIZATION FOR $30, 000, 000 WATER AND
SEWER REVENUE REFUNDING BONDS, SERIES 2005 - RBC DALv RAUSCHER
(UNDERWRITER); FIRST SOUTHWEST COMPANY (FINANCIAL ADVISOR);
BRYANT, MILLER & OLIVE, P.A. (BOND COUNSEL); AND NABORS, GIBLIN &
NICKERSON, P.A. (DISCLOSURE COUNSEL)................................................................8
7.K
FLORIDA EAST COAST RAILWAY COMPANY (FEC) LICENSE AGREEMENT TO
INSTALL TRAFFIC SIGNAL SYNCHRONIZATION EQUIPMENT AT THE FEC
RAILROAD TRACKS AT 4TH STREET.............................................................................. 8
7.L.
THE FLEX COMPANYOFAMERICA -AMENDED PLANDOCUMENT (CAFETERIA
PLAN) (CLERK OF CIRCUIT COURT)............................................................................9
7.M.
DIAMOND LAKE PHASE III - FINAL PLAT APPROVAL - SUNLAND
DEVELOPMENT, INC. - CONTRACT FOR CONSTRUCTION OF REQUIRED
IMPROVEMENTSAND CASHDEPOSITANDESCROWAGREEMENT ..............................9
7.N.
M. T. CAUSLEY, INC. -AGREEMENT FOR PROFESSIONAL INSPECTIONSER VICES
- B UILDING DI VISION..............................................................................................
10
7.0.
HARDWARE, SOFTWARE AND INSTALLATION ORDER AND SERVICE
SUBSCRIPTIONAGREEMENT-NAVTRAK, INC. - GLOBAL POSITIONING SYSTEM
(GPS) -BUILDING DIVISION...................................................................................
10
February 15, 2005 2
7.P. 2005/2006 -BUDGET WORKSHOP/HEARING SCHEDULE ........................................ 11
7.Q. RFQ 7042 - INDIAN RIVER COUNTY JAIL EXPANSION AND REMODELING -
CONSTRUCTION MANAGEMENT AT RISK FINAL RANKING - AUTHORIZED
NEGOTIATIONS WITHPETER R. BROWN OF TALLAHASSEE, FLORIDA .................... 11
7.R. SCHOOL DISTRICT OFFICES - RE -ROOFING PROJECT - EDLUND DRITENBAS
BINKLEYARCHITECTS FOR DESIGN SER VICES - WORK ORDER #1 ......................... 12
7.S. CHILDREN'S SERVICES ADVISORY COMMITTEE - GRANT REVIEW
SUB -COMMITTEE'S YEAR END MONITORING REPORT- FY200312004 .................13
7.T. CHILDREN'S SERVICES ADVISORY COMMITTEE - ANNUAL REPORT - FY
2003/2004................................................................................................................ 13
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES — CONGRESSMAN DAVE WELDON..............................13
9.A.1. PUBLIC HEARING — RESOLUTION NO. 2005-022 — FIRST
BAPTIST CHURCH OF WABASSO — ABANDONMENT OF A
PORTION OF 48TH AVENUE BETWEEN 86TH STREET AND
87TH STREET - LEGISLATIVE...............................................................14
9.A.2. PUBLIC HEARING — ORDINANCE NO. 2005-004 — LDR
AMENDMENT FOR ROADWAY LANDSCAPE BUFFERS FOR
MULTI -FAMILY SITE PLAN PROJECTS - LEGISLATIVE ...........15
9.A.3. PUBLIC HEARING — ORDINANCE NO. 2005-005 — MAVERICK
GROUP LLC - REZONE 18.54 ACRES FROM A-1 TO RS -3 —
NORTHEAST INTERSECTION OF 58TH AVENUE AND 8TH
STREET - QUASI-JUDICIAL..................................................................18
9.A.4. PUBLIC HEARING — YUKON LAND CORPORATION —
BLUEWATER BAY PLANNED DEVELOPMENT (PD) -
February 15, 2005 3
SPECIAL EXCEPTION USE AND CONCEPTUAL PD PLAN
APPROVAL CONTINGENT ON CONTRACT FOR PURCHASE
OF LOTS 275-286 FOR CURVE CR -510 TO 89TH STREET -
LEGISLATIVE...........................................................................................21
9.B.1. PUBLIC DISCUSSION ITEM — SUSAN J. LEWIS REGARDING
RELATIONSHIPS BETWEEN BUILDERS, DEVELOPERS, AND
HOMEBUYERS..........................................................................................26
9.C. PUBLIC NOTICE ITEM — NOTICE OF SCHEDULED PUBLIC
HEARINGS ON FEBRUARY 22, 2005 ....................................................26
9.C.1. TEEN CHALLENGE -REQUEST FOR SPECIAL EXCEPTION USE APPROVAL TO
EXPAND AN EXISTING CAMP/RETREAT. TEEN CHALLENGE OF FLORIDA, INC.,
OWNER MOSBY MOIA BOWLES AND ASSOCIATES, INC., AGENT. LOCATED AT
801 "154TH AVENUE" (7.5 MILES WEST OF I-95, 1.5 MILES SOUTH OF SR60).
ZONING CLASSIFICATION: A-2, AGRICULTURAL 2 (UP To 1 UNIT/10 ACRES).
LAND USE DESIGNATION: AG -2, AGRICULTURAL (UP TO 1 UNIT/10 ACRES).
QUASI-JUDICIAL...................................................................................................... 26
9.C.2. ABANDONMENT OFA PORTION OF 46THSTREET RIGHT-OF-WAY.LINDA CROSS'
REQUEST FOR ANABANDONMENT OFA PORTION OF 46TH STREET. THE SUBJECT
SEGMENT IS A PAPER STREET LOCATED EAST OF AND ADJACENT TO 38TH
A VENUE IN GIFFORD. LEGISLATIVE....................................................................... 27
9.C.3. CJM COMMUNITIES. REQUEST TO REZONE APPROXIMATELY 19.95 ACRES,
LOCATED SOUTHWEST OF THE INTERSECTION OF 651 STREET AND LATERAL
"G" CANAL, FROMA-1, AGRICULTURAL -1 DISTRICT (UP TO 1 UNIT/5 ACRES) TO
RS -6, SINGLE FAMILYRESIDENTIAL DISTRICT (UP To 6 UNITSIACRE), NIKOLAS
MANOUDAKIS, CONNIE MOYER, JOHN AND CHRISTINE FRANKS, OWNERS.
LAND DESIGNSOUTH,AGENT. QUASI-JUDICIAL....................................................27
9.C.4. QUAIL CREEK PD: REQUEST FOR PLANNED DEVELOPMENT (PD) SPECIAL
EXCEPTION USEAND PRELIMINARYPD PLANIPLATAPPROVAL FORA PROJECT TO
BE KNOWN AS QUAIL CREEK. QUAIL CREEK DEVELOPMENT GROUP, LLC,
February 15, 2005 4
OWNER. SCHULKE, BITTLE & STODDARD, LLC, AGENT. LOCATED ON THE
NORTH SIDE OF 81sT STREET WEST OF 58THAVENUE. ZONING CLASSIFICATION:
RS -3, RESIDENTIAL SINGLE-FAMILY (UP To 3 UNITS PER ACRE). LAND USE
DESIGNATION: L-1, LOW DENSITY RESIDENTIAL (UP To 3 UNITS PER ACRE).
PROPOSED DENSITY.2.40 UNITS PER ACRE. LEGISLATIVE .................................... 27
9.C.5. BANACKFRUIT STAND: REQUEST FOR SPECIAL EXCEPTION USEAPPROVAL FOR
FRUIT, VEGETABLE, AND NURSERY RETAIL SALES IN AN AGRICULTURAL AREA.
BANACK FAMILYLIMITED PARTNERSHIP, OWNER. CARTER ASSOCIATES, INC.,
AGENT. LOCATED AT THE SOUTHEAST CORNER OF THE 65TH STREET/66TH
AVENUE INTERSECTLON. ZONLNG CLASSIFICATION: A-1, AGRICULUTRAL 1 (UP
To 1 UNLT/5 ACREs). LAND USE DEsIGNATLoN. AG -1, AGRICULTURAL (UP To 1
UNIT/5ACRES). QUASI-JUDICIAL............................................................................28
11.C. GENERAL SERVICES — SHERIFF'S OFFICE RENOVATION —
BARTH CONSTRUCTION — SECOND AND THIRD
AMENDMENTS TO THE EMERGENCY CONTRACT ....................28
11.I.1. PUBLIC WORKS — BEACH WATCH MEMBERSHIP — BEACH
AND SHORE PRESERVATION ADVISORY COMMITTEE —
FLORIDA SHORE AND BEACH PRESERVATION
ASSOCIATION (FSBPA) — BEACH PRESERVATION FUND.......... 30
11.I.2. PUBLIC WORKS — PROJECT ENGINEER CLIFFORD J.
SUTHARD, P.E. — PERMANENT PART-TIME EMPLOYMENT
AGREEMENT.............................................................................................31
11.J.1. UTILITIES SERVICES — ADDITION OF STANDBY
GENERATOR REQUIREMENT TO THE COUNTY UTILITY
CONSTRUCTION STANDARDS............................................................31
February 15, 2005 5
12. COUNTY ATTORNEY — MGD DEVELOPMENT OF FLORIDA
II, LLC V INDIAN RIVER COUNTY — OCEAN SANDS
PROJECT - PROPOSED SETTLEMENT BY APPROVAL OF A
REVISED PRELIMINARY PD PLAN (SITE PLAN AND
PRELIMINARY PLAT).............................................................................31
13.C. COMMISSIONER SANDRA L. BOWDEN — COMMITTEE
ASSIGNMENT — EARLY LEARNING COALITION —
COMMISSIONER BOWDEN REPLACED BY COMMISSIONER
DAVIS...........................................................................................................34
14.A. EMERGENCY SERVICES DISTRICT..................................................35
14.B. SOLID WASTE DISPOSAL DISTRICT.................................................35
14.C. ENVIRONMENTAL CONTROL BOARD.............................................35
February 15, 2005 6
February 15, 2005
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on
Tuesday, February 15, 2005, at 9:00 a.m. Present were Chairman Thomas S. Lowther, Vice
Chairman Arthur R. Neuberger, and Commissioners Wesley S. Davis, and Gary C. Wheeler.
Commissioner Sandra L. Bowden was absent (illness). Also present were County Administrator
Joseph A. Baird, County Attorney William G. Collins II, Executive Aide to the Board Kimberly
Massung, and Deputy Clerk Patricia Ridgely.
1. CALL TO ORDER
Chairman Lowther called the meeting to order.
2. INVOCATION
Public Works Director Jim Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Wheeler led the Pledge of Allegiance to the Flag.
February 15, 2005 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Lowther requested the following changes to today's Agenda:
7.13. Additional Backup — Fax from Caroline Ginn
regarding abolishing Utilities Advisory Committee
8. Deletion — Congressman Weldon unable to attend the
meeting.
12.A. Additional Backup - Letters and phone calls in opposition to the Ocean
Sands Project
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously made the
above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
None.
6.A. APPROVAL OF MINUTES - GROWTH AND DEVELOPMENT
WORKSHOP OF JANUARY 12, 2005
The Chairman asked if there were any corrections or additions to the Minutes of the
Growth and Development Workshop of January 12, 2005. There were none.
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the Minutes of the Growth and Development Workshop of
January 12, 2005, as written and distributed.
February 15, 2005 2
6.B. APPROVAL OF MINUTES — REGULAR MEETING OF
JANUARY 18, 2005
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of January 18, 2005. There were none.
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the Minutes of the Regular Meeting of January 18, 2005, as
written and distributed.
7. CONSENT AGENDA
Vice Chairman Neuberger wished to pull Item 7.D. to hear former Chairman
Caroline Ginn's presentation for retention of the Utilities Advisory Committee and Item 7.17. for
more information.
Board:
7.A. REPORTS
The following report has been received and is on file in the office of the Clerk to the
Indian River County Hospital District Meeting Schedule for 2005
7.B. PROCLAMATION DESIGNATING MARCH 1-6, 2005 AS MENTALLY
HANDICAPPED WEEK — KNIGHTS OF COLUMBUS — 33RDANNUAL
TOOTSIE ROLL DRIVE
February 15, 2005 3
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously (by a
vote of 4-0, Commissioner Bowden absent) approved the
proclamation designating March 1-6, 2005 as Mentally
Handicapped Week.
7.C. APPROVAL OF WARRANTS — JANUARY 28 — FEBRUARY 3, 2005
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously (by a
vote of 4-0, Commissioner Bowden absent) approved the
list of Warrants as issued by the Clerk to the Board for
January 28 -February 3, 2005, as requested.
7.D. PROPOSED RESOLUTION TO DISSOLVE THE UTILITY ADVISORY
COMMITTEE (TABLED)
MOTION WAS MADE by Vice Chairman Neuberger,
SECONDED by Commissioner Davis, to table this
resolution until the Board has time to hear former Chairman
Caroline Ginn's request to not sunset the Utilities Advisory
Committee.
Under discussion, Commissioner Wheeler spoke in favor of sunsetting the UAC
based on the recommendation of staff and the staffing required for the committee.
February 15, 2005 4
The Chairman CALLED THE QUESTION and the motion
to table carried by a vote of 3-1-0 (Commissioner Wheeler
opposed and Commissioner Bowden absent.)
7.E. EAST ROSELAND STORMWATER IMPROVEMENTS — DEDICATION OF
CONSERVATION EASEMENTS To ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT (SJR WMD)
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved (by a vote of 4-0, Commissioner Bowden absent)
the proposed conservation easement and authorized the
Chairman to execute same and have it recorded, as
recommended in the memorandum of February 8, 2005.
COPY OF RECORDED EASEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
EASEMENT WAS RECORDED IN THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY
7.F. RESOLUTION Nos 2005-017 AND 2005-018 - JOINT
PARTICIPATIONAGREEMENTS WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FD 0T) — HURRICANES FRANCES AND JEA NNE —
FEDERAL EMERGENCYMANAGEMENT AGENCY (FEMA)
Public Works Director Jim Davis responded to Vice Chairman Neuberger's
questions about how the FEMA funding is handled through the FDOT.
February 15, 2005 5
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously (by a vote
of 4-0, Commissioner Bowden absent) adopted Resolution
No. 2005-017 approving a Florida Department of
Transportation Emergency Joint Participation Agreement
for funding of the repair of Federal Highway
Administration functionally classified county roads in
Indian River County damaged by Hurricane Frances.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously (by a
vote of 4-0, Commissioner Bowden absent) adopted
Resolution No. 2005-018 approving a Florida Department
of Transportation Emergency Joint Participation
Agreement for funding of the repair of Federal Highway
Administration functionally classified county roads in
Indian River County damaged by Hurricane Jeanne.
COPIES OF PARTIALLY EXECUTED AGREEMENTS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.G. RESOLUTION NO. 2005-019 — MISCELLANEOUS BUDGET
AMENDMENT 006
February 15, 2005 6
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously (by a
vote of 4-0, Commissioner Bowden absent) adopted
Resolution No. 2005-019 amending the fiscal year
2004-2005 budget.
7.K RESOLUTIONNO. 2005-020 — TRAFFIC CONTROL DEVICE LEDGER
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously (by a
vote of 4-0, Commissioner Bowden absent) adopted
Resolution No. 2005-020 approving traffic control devices
authorized by the Director of Public Works.
U. HUMANE SOCIETY COMPENSATION RATES — CONTRACT FOR
PROVIDING ANIMAL SHELTER SERVICES FY 2004/2005 AND
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ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously (by a
vote of 4-0, Commissioner Bowden absent) approved the
proposed compensation rate of $60 per animal for the
current fiscal year, retroactive to October 1, 2004 and for
fiscal year 2005/2006; authorized staff to proceed with
preparation of a two-year contract with the Humane
Society, effective October 1, 2004 through September 30,
2006, and to submit the contract to the Board of County
Commissioners for approval at a future date.
February 15, 2005 7
CONTRACT WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
7.J. RESOLUTION NO. 2005-021 - AUTHORIZATION FOR $30,000,000
WATER AND SEWER REVENUE REFUNDING BONDS, SERIES 2005 —
RBC DAIN RAUSCHER (UNDERWRITER); FIRST SOUTHWEST
COMPANY (FINANCIAL ADVISOR); BRYANT, MILLER chi OLIVE, P.A.
(BOND COUNSEL); AND NABOBS, GiBLIN chi NICKERSON, P.A.
(DISCLOSURE COUNSEL)
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously (by a
vote of 4-0, Commissioner Bowden absent) adopted
Resolution No. 2005-021 amending and supplementing
Resolution No. 93-80, providing for the issuance of not
exceeding $30,000,000 Water and Sewer Revenue
Refunding Bonds, Series 2005. (Clerk's Note: See the
resolution for complete title.)
7.K. FLORIDA EAST COAST RAILWAY COMPANY (FEC) LICENSE
AGREEMENT TO INSTALL TRAFFIC SIGNAL SYNCHRONIZATION
EQUIPMENT AT THE FEC RAILROAD TRACKS AT 4TH STREET
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously (by a
vote of 4-0, Commissioner Bowden absent) approved the
February 15, 2005 8
Agreement and authorized the Chairman to sign the same,
as recommended in the memorandum of February 2, 2005.
COPY OF PARTIALLY EXECUTED SYNCHRONIZATION AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.L. THE FLEX COMPANY OF AMERICA — AMENDED PLAN DOCUMENT
(CAFETERIA PLAN) (CLERK OF CIRCUIT COURT)
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously (by a
vote of 4-0, Commissioner Bowden absent) authorized the
Chairman to execute the Amended Plan Document to
include the Board of County Commissioners under the
Clerk of the Circuit Count's Cafeteria Plan, as
recommended in the memorandum of February 7, 2005.
DOCUMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.M. DIAMOND LAKE PHASE III — FINAL PLAT APPROVAL - SUNLAND
DEVELOPMENT, INC. — CONTRACT FOR CONSTRUCTION OF
REQUIRED IMPROVEMENTS AND CASH DEPOSIT AND ESCROW
AGREEMENT
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously (by a
vote of 4-0, Commissioner Bowden absent) granted final
February 15, 2005 9
plat approval for Diamond Lake Phase III, and authorized
the Chairman to sign the Contract for Construction of
Required Improvements and Cash Deposit and Escrow
Agreement, as recommended in the memorandum of
February 7, 2005.
COPIES OF DOCUMENTS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.N. M. T. CAITSLEY, INC. — AGREEMENT FOR PROFESSIONAL
INSPECTION SERVICES — BUILDING DIVISION
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously (by a
vote of 4-0, Commissioner Bowden absent) approved the
Agreement for Professional Inspection Services with M. T.
Causley, Inc., and authorized the Chairman to execute the
Agreement on behalf of the County, as recommended in the
memorandum of February 76, 2005.
AGREEMENT IS ON FILE
IN THE OFFICE OF TH E CLERK TO THE BOARD
7.0. HARDWARE, SOFTWARE AND INSTALLATION ORDER AND SERVICE
SUBSCRIPTION AGREEMENT — NAVTRAK, INC. — GLOBAL
POSITIONING SYSTEM (GPS) — BUILDING DIVISION
February 15, 2005 10
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously (by a
vote of 4-0, Commissioner Bowden absent) approved the
Hardware, Software, and Installation Order and attached
Service Subscription Agreement, and authorized the
Chairman to execute the documents, as recommended in
the memorandum of February 7, 2005.
DOCUMENTS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.P. 2005/2006 —BUDGET WoRKSHOP/HEARING SCHEDULE
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously (by a
vote of 4-0, Commissioner Bowden absent) approved the
budget workshop dates (July 13-14, 2005) and the dates for
the budget hearings (September 7 and 14, 2005) for the
2005/2006 budgets, as recommended in the memorandum
of February 4, 2005.
7.0. RFQ 7042 — INDIAN RIVER COUNTY .JAIL EXPANSION AND
REMODELING - CONSTRUCTION MANAGEMENT AT RISK FINAL
RANKING—AUTHORIZED NEGOTIATIONS WITHPETERR. BROWNOF
TALLAHASSEE, FLORIDA
February 15, 2005 it
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously (by a
vote of 4-0, Commissioner Bowden absent) approved final
ranking as presented by the Selection Committee and
authorized staff to begin negotiations with Peter R. Brown
of Tallahassee, Florida, for Construction Management
Services for the Indian River County Jail Expansion and
Remodeling Project, as recommended in the memorandum
of February 7, 2005.
7.R. SCHOOL DISTRICT OFFICES — RE -ROOFING PROJECT — EDLUND
DRITENBAS BINKLEYARCHITECTS FOR DESIGN SERVICES — WORK
ORDER #1
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously (by a
vote of 4-0, Commissioner Bowden absent) approved Work
Order 41 for Edlund Dritenbas Binkley Architects in the
amount of $12,600 and authorized the execution by the
Chairman, as recommended in the memorandum of
February 3, 2005.
WORK ORDER 41 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
February 15, 2005 12
7.S. CHILDREN'S SERVICES ADVISORY COMMITTEE - GRANT REVIEW
SUB -COMMITTEE'S YEAR END MONITORING REPORT - FY
2003/2004
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously (by a
vote of 4-0, Commissioner Bowden absent) approved the
Grant Review Sub -Committee's Year End Monitoring
Report for FY 2003/2004, as requested in the memorandum
of February 4, 2005.
7.T CHILDREN'S SERVICES ADVISORY COMMITTEE —ANNUAL REPORT
- FY200312004
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously (by a
vote of 4-0, Commissioner Bowden absent) approved the
Children's Services Advisory Committee's Annual Report
FY 2003/2004, as requested in the memorandum of
February 4, 2005.
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - CONGRESSMAN DAVE WELDON
Congressman Weldon was unable to be present at the meeting.
February 15, 2005 13
(Clerk's Note: Prior to today's public hearings, County Attorney Collins gave a
comprehensive explanation concerning the difference between Legislative items and
Quasi -Judicial items as well as Sunshine Law prohibitions.)
9.A.1. PUBLIC HEARING — RESOLUTION NO. 2005-022 — FIRST
BAPTIST CHURCH OF WABASSO — ABANDONMENT OF A
PORTION OF 48TH AVENUE BETWEEN 86TH STREET AND
87TH STREET - LEGISLATIVE
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling reviewed the memorandum using a drawing on page
345 in the backup to illustrate his presentation. He noted that the traffic circulation is good. Staff
recommended this abandonment but also recommended retention of an easement over the
right-of-way.
Commissioner Wheeler questioned whether access to the back of the buildings had
been investigated by emergency and law enforcement staff, and Director Boling gave assurances
that the plan had been approved by life -safety staff during the site plan process.
The Chairman opened the public hearing.
Eric Pollard, 6153 98h Place, a First Baptist Church member, read a short
presentation advising that the abandonment was requested for safety purposes as well as a concern
for loitering.
The Chairman closed the public hearing.
February 15, 2005 14
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously (by a vote of
4-0, Commissioner Bowden absent) adopted Resolution
No. 2005-022 providing for the closing, abandonment,
vacation and discontinuance of a portion of 481h Avenue
lying between 86h Street and 87h Street, reserving an
easement over the entire right-of-way, said land lying in
Indian River County, Florida.
9.A.2. PUBLIC HEARING — ORDINANCE NO. 2005-004 — LDR
AMENDMENT FOR ROADWAY LANDSCAPE BUFFERS FOR
MULTI -FAMILY SITE PLAN PROJECTS - LEGISLATIVE
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling reviewed the memorandum and referred to the
experience with The Palms of Vero that had called attention to the need for buffering requirements
for multi -family site plan projects. Director Boling displayed a chart called Comparison of
Existing and Proposed Standards to review the existing and proposed requirements. (See
Attachment 4 on page 362 of the backup.) The Planning and Zoning Commission, the Professional
Services Advisory Committee, and staff recommended approval.
When questioned, Director Boling estimated that the proposed changes would
increase the cost of multi -family housing a couple to several hundred dollars per unit depending on
road frontage. He also advised that the amendment would probably not reduce the density within a
February 15, 2005 15
multi -family development. He gave assurance that if the developer installed a wall to save the cost
of landscaping buffers that the wall would require landscaping as well.
The Chairman opened the public hearing.
Renee Renzi, 340 Waverly Place, was pleased this amendment has moved forward.
Debra Ecker, who spoke on behalf of an informal alliance of environmental and
horticultural groups and other individuals, supported the amendment, urged the use of native
plants wherever possible and expressed the group's preference for landscaped berms instead of
walls.
Peter Radke, 2302 Vero Beach Avenue, pointed out that increasing the buffers
would decrease the open space that could be used by residents. He pointed out that buffering is not
required for subdivisions.
Joe Paladin, Growth Awareness Committee, thought the Commission should raise
the bar even further. He recommended the 10 -foot strip minimum on the exterior corridor should
be increased to 30 -foot because it is important what people see from the streets. He preferred a
berm instead of a wall and specified that it should be a 4 -foot berm instead of a 3 -foot berm.
It was suggested that Mr. Paladin meet with Mrs. Ecker and her group.
The Chairman closed the public hearing.
Director Boling responded to Commissioner Davis' concern about projects that are
already submitted by advising that this amendment would only impact new applications but staff
members have been successful when they have asked developers to increase their buffering. He
noted that we are not getting that many multi -family project applications. Staff felt it was good
reasoning to calibrate the depth of the buffer with the size of the project.
February 15, 2005 16
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis, to increase the
proposed minimum buffer of 10 -foot to 15- or 20 -foot
regardless of the lot size.
Under discussion, it was suggested and discussed that the width of the landscaping
be tied to the depth of the project.
MOTION WAS AMENDED by Commissioner Wheeler,
SECONDED by Commissioner Davis, (by a vote of 4-0,
Commissioner Bowden absent) to increase the minimum
buffer to 15 -foot for lots under 400 feet in depth.
Discussion ensued to clarify the amendment.
The Chairman CALLED THE QUESTION on the
amendment and the amended motion carried unanimously
(by a vote of 4-0, Commissioner Bowden absent).
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously (by a
vote of 4-0, Commissioner Bowden absent) adopted
Ordinance No. 2005-004, as amended above, amending
Land Development Regulations [LDRs] Chapter 926,
Landscape and Buffer Regulations by amending Section
926.09 regarding landscape along roadways.)
February 15, 2005 17
9.A.3. PUBLIC HEARING — ORDINANCE NO. 2005-005 —
MAVERICK GROUP LLC - REZONE 18.54 ACRES FROM A-1
TO RS -3 — NORTHEAST INTERSECTION OF 58TH AVENUE
AND 8TH STREET - 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 reviewed the request for rezoning
by using a PowerPoint presentation (copy is on file). He specified that the Planning & Zoning
Commission and staff have recommended approval based on their findings of satisfying
concurrency tests, consistency with the Comprehensive Plan, no environmental impact, and
compatibility with the surrounding area.
Commissioner Wheeler emphasized his preference for connectivity and inquired
about the capacity at the intersection of 58h Avenue and SR -60.
Director Keating knew this intersection to be "broken" and explained that
concurrency tests are based on volumes and capacities and levels of services on roadway lengths
not intersections. Traffic Engineering and Community Development Departments evaluate
intersections (for development projects) and when they are broken, developers are required to fix
them or contribute to their fixing. He also explained considerations given to concurrency tests for
new applications concerning vested (impact fees paid) projects.
Commissioner Wheeler expressed his concerns about the increase of traffic at that
intersection and made suggestions for future consideration to facilitate moving cars away from an
accident scene.
Director Keating advised that staff is currently working on 9 LDR amendments one
of which should reduce traffic concerns.
Traffic Engineer Chris Mora explained that some of the approved projects that may
not be accounted for under the current procedures would be accounted for when the developers
look at their build -out year because not only do they account for their project's traffic and all
vested trips, but they also have to grow the existing traffic on all of the lanes by some
pre -established growth percentage we tell them to use.
February 15, 2005 18
Commissioner Wheeler suggested approaching the road issue by deciding what kind
of roads we want and adjust the density downward.
Vice Chairman Neuberger declared we know what roads we need in our 5 and
10 -year plans, and understood if we have enough dollars we could build them.
County Administrator Baird responded that funding is set aside for road projects; it
is the rights-of-way purchases that slow down the process.
Chairman Lowther thought it important to keep road -building ahead of necessity as
was the case with the Oslo Road and 43rd Avenue intersection.
Public Works Director Jim Davis emphasized that we are ahead of the 20 -year plan.
We are working on several projects that are on the second five-year increment. He specified that
Oslo Road was not planned to be 5-laned until 3 or 4 years in the future.
Commissioner Wheeler mentioned that if we are not behind, then the 20 -year plan is
wrong. He thought one problem is we are short on staff in a lot of departments.
A lengthy discussion ensued on road planning, MPO meetings, and on the
long-range transportation plan.
County Administrator Baird pointed out that one of the employee shortages was
being addressed on today's agenda for an outside company to review permits and we have recently
added to the budget for inspectors. The County is trying to attract qualified inspectors but there is
a shortage of them in the entire state.
Commissioner Wheeler declared that 20 years ago he never dreamed we would have
the growth we are experiencing. He predicted that in 20 more years we would be at build -out and
recommended the transportation plan be amended based on that concept.
Commissioner Davis agreed and thought that we should compress the 5 -year plan
and build safer not just bigger roads. He asked for an update on the 58h Avenue and SR -60
intersection.
Director Davis reported that at the next meeting, there should be an agreement with
a consultant to begin the process of designing the road, identifying the stormwater treatments, and
rights-of-way needed (which is part of that contract).
The Chairman opened the public hearing.
February 15, 2005 19
John Williams, 1535 Smugglers Cove, spoke at length advocating a simple
moratorium on applications for time to adopt the LDR modifications and the need for protective
referendum. He requested the Board to deny this rezoning request.
Kitty Kennedy, 356 Eugenia Road, requested the Commission to have a vision of
the future of the county, to have courage and stand by their convictions, and to be proactive in their
pursuit of its vision.
Aaron Bowles, Mosby, Moia and Bowles, brought up traffic counts and specified
that the site will probably build out to about 36 units which would generate about 360 trips per day,
not 600 trips as earlier estimated.
The Chairman closed the public hearing.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Vice Chairman Neuberger, to approve
staff's recommendation.
Under discussion, Commissioner Wheeler would agree to support this if the
applicant offered a covenant to restrict the zoning to RS -2.
In response to Commissioner Davis, Director Keating explained the difference
between RS -3 and RS -2 by advising that the total number of units would be fewer than 36 units
(about 2 units per acre) estimated by Mr. Bowles or about 1.8 or 1.7 units per acre.
Commissioner Davis agreed with what Commissioner Wheeler said about
addressing traffic issues and favored low-rise/low-density projects. This is a low-density project
and he planned to support the motion.
Commissioner Wheeler advised he would not support RS -3 zoning for this property,
but if the motion failed, he would support RS -2.
February 15, 2005 20
The Chairman CALLED THE QUESTION and the motion
carried by a vote of 3-1-0, (Commissioner Wheeler
opposed and Commissioner Bowden absent). (The Board
adopted Ordinance No. 2005-005 amending the Zoning
Ordinance and the accompanying Zoning Map for +/- 18.54
acres located at the northeast corner of 81h Street and 581h
Avenue from A-1, agricultural district (up to 1 unit/5
acres), to RS -3, single-family residential district (up to 3
units/acre); and providing codification, severability, and
effective date.)
9.A.4. PUBLIC HEARING — YUKON LAND CORPORATION —
BLUEWATER BAY PLANNED DEVELOPMENT (PD) -
SPECIAL EXCEPTION USE AND CONCEPTUAL PD PLAN
APPROVAL CONTINGENT ON CONTRACT FOR
PURCHASE OF LOTS 275-286 FOR CURVE CR -510 TO 89TH
STREET - LEGISLATIVE
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling reviewed the memorandum and displayed page 396
on the overhead screen. He described traffic issues because this project is located in an area of
large tracts of land to be developed both in the county and within the city limits of Sebastian. He
used an aerial photograph (copy on file with the backup) to discuss the School Board's concerns
for safety due to the proximity of both the Sebastian River High School and the Liberty Magnet
School and the many projects planned for that area. He advised of the preferred alternative plans
for 89h Street improvements, installation of a traffic signal at 89h Street at the CR -510 intersection
February 15, 2005 21
in lieu of the signal at the high school, and moving Vero Lake Estates' and the SRHS's entryway,
all of which is being coordinated with the School Board. He reviewed the site plan displayed on
the overhead and the proposed roadways and crossing to a small park. The entrances to the project
will be on improved and/or new roads, one from 86h Avenue and one from 89h Street. He listed
the new roadways and those to be improved with this project and the other nearby proposed
projects. He reviewed in detail the buffers and different lots sizes. The Planning and Zoning
Commission has recommended, and the developer has agreed, to limit the smallest lots on the
perimeter to 1 story. Then he highlighted the "waivers comparison chart" and buffer examples and
trade-offs as listed in the memorandum. In conclusion, he advised of staff's recommendation for
approval with all conditions and restrictions for a delayed building on the bend and 1 -story homes
on small lots on the perimeter.
Director Boling responded to questions from Commissioners and Commissioners
voiced their preference for keeping densities similar to the other developments in the area even
within the city limits of Sebastian. He described future interconnectivity and the cooperative effort
with the City of Sebastian. It was recognized that a new segment of 89h Street lying west of
CR510 to serve Sebastian River High School and Vero Lake Estates would require purchase of
several lots on the southwest corner of the Bluewater Bay property.
Public Works Director Jim Davis responded to specific questions regarding the
proposed roadway, explained some of the factors concerning the preference for the roadway of
choice, and emphasized that action needs to be taken soon to assure purchase of the lots. Director
Davis reported we are trying to get MOT to pay for the lots and maximize their contribution to
this project. We have a 3 -year commitment to make the decision and for MOT to get the money
to purchase undeveloped property.
Discussion ensued and Commissioner Wheeler suggested purchasing the necessary
lots now from the developer at pre -construction prices; if for any reason we do not use them, then
we can sell them.
Commissioner Wheeler asked what would happen if this project is approved today
and the developer delayed building for 10 years, and County Attorney Collins responded that land
development approvals run with the land.
Commissioner Wheeler expressed a desire for a provision for the expiration of land
development approvals. He thought the Board should be able to reassess a decision based on
actual circumstances at the time.
February 15, 2005 22
Discussion ensued and there appeared to be CONSENSUS for a number 10 on the
LDR amendments list to provide time restrictions on residential development approvals.
County Administrator Baird suggested that the developer might consider donating
the lots needed for the 1,000 -foot curve.
Commissioner Wheeler raised the issue of floor space compared to lot size and
asked if the County has addressed that, and Director Keating responded that we do not have a
residential floor area ratio (FAR) but we do have it in commercial districts.
Commissioner Davis suggested another LDR amendment to not allow more than 1
story structures on 50' lots.
Commissioner Wheeler suggested that may be something the Board might want to
consider; staff could bring that back for the Board's consideration.
Director Keating pointed out that in a PD they could dictate quite a number of
things. One advantage of allowing two-story is getting a mix of units, less cookie -cutter.
Commissioner Davis thought the County is now heading in the right direction with
this but he would also like to see staff working together with the City of Sebastian on projects to
the east all the way to perhaps 66h Avenue.
The Chairman opened the public hearing.
Mark Brackett, the developer, 1915 34h Avenue, Vero Beach, commented this
development has been 13 months in planning and several changes have been made. He specified
that the roads under discussion do not exist yet but will be beneficial for the future residents to
allow traffic to flow without getting on CR -510. The four developers have agreed to donate all the
necessary rights-of-way and to design and build the roads free of cost and maintain them to the
edge of the road. The County will maintain the asphalt. He estimated the roads and bridge
improvements by the developers at about $1.2- $1.5 million. As to the lots for the curve, he would
not donate them. They have been set aside and he invited staff to meet with him soon to work out
something. He felt this project would be what the community wants to see since it has evolved
February 15, 2005 23
with the wants of the public and directions of the Commission to staff. Mr. Brackett requested the
Board to allow building of two-story homes in the northeast corner that would be spaced out
between one-story homes on the 55 -foot lots. He had previously acquiesced to the P&Z's
preference but asked if he could modify it to limiting two-story homes in that section to no more
than 20% of the lots and any two-story homes would have to be separated by not less than three
one-story homes. All of that would be subject to streetscape approval by the Planning Department.
Vice Chairman Neuberger understood the concern about the two-story homes is to
not have them on the perimeter; the County would probably not have a problem with two -stories in
the interior lots.
Mr. Brackett allowed that he could agree to limit two-story homes to interior lots if
that was the desire of the Commissioners, but after discussion he suggested that every third or
fourth house could be two-story to allow diversity depending on the desire of the lot's purchaser.
There was CONSENSUS to allow some two-story homes, and Director Boling
noted that staff would amend the conditions to include the provision for interspersed two-story
houses.
The Chairman closed the public hearing.
Vice Chairman Neuberger was still concerned about the purchase of the property on
the southwest corner. He preferred to purchase the lots based on a percentage of the square footage
of the whole property rather than the price of each individual lot.
County Administrator Baird suggested addition of another condition to approval:
upon reaching a reasonable agreement on the purchase of those lots.
Vice Chairman Neuberger wished to add that condition.
Mr. Brackett declared that he could not sell the lots as Vice Chairman Neuberger
requested. Lots are currently under contract but those lots have been set aside until a decision is
made on them. He felt he has been responsible in setting the lots aside when FDOT has not
February 15, 2005 24
committed yet. Setting them aside is as far as he would go. He would agree to negotiate now with
the County a "discounted" price for the lots based on current market value.
Discussion ensued whereby the Commissioners spoke in favor of purchasing the
lots now rather than waiting.
Chairman Lowther reminded Mr. Brackett that he offered to sell the lots to the
County at a "discounted" price, and Mr. Brackett affirmed his offer.
Vice Chairman Neuberger wanted to see a contract for the lots before approving the
recommendation, and Commissioner Wheeler agreed that should be a condition to the approval.
MOTION WAS MADE by Vice Chairman Neuberger,
SECONDED by Commissioner Wheeler, to have the
corner lots (lots 275-286) under contract before the special
exception use and conceptual PD plan for Bluewater Bay is
granted.
Chairman Lowther explained to Mr. Brackett that the project would not be
approved until he has successfully negotiated with staff.
Mr. Brackett asked them to agree that once the contract is signed that the approval
of his request would be granted.
Director Boling advised that having the lots under contract with the County could be
tied to the land development permit.
Commissioners indicated their understanding of the motion and their agreement.
The Chairman CALLED THE QUESTION and the motion
carried unanimously. (4-0, Commissioner Bowden absent)
(The Board, subject to the corner lots discussed being under
contract for sale to and purchase by Indian River County,
February 15, 2005 25
granted PD special exception and conceptual PD plan
approval for Bluewater Bay with the conditions as set out in
backup on pages 391 and 392 with a modification to allow
two-story homes on 55 -foot lots to be built as per staff's
notification by letter dated February 16, 2005 to Jodah
Bittle, P.E.)
(CLERK'S NOTE: A copy of Planning Director Stan Boling's letter dated February
16, 2005 addressed to Jodah Bittle has been placed with the backup for this item. The said letter
specifies all the conditions and amendments to the staff's recommendation as amended by the
Board of County Commissioners.)
The Chairman called a recess at 11:28 a.m. The meeting was reconvened at 11:37
a.m. with the same members present.
9.B.1. PUBLIC DISCUSSION ITEM — SUSAN J. LEWIS REGARDING
RELATIONSHIPS BETWEEN BUILDERS, DEVELOPERS,
AND HOMEBUYERS
Mrs. Lewis was not present.
9.C. PUBLIC NOTICE ITEM — NOTICE OF SCHEDULED PUBLIC
HEARINGS ON FEBRUARY 22, 2005
9.C. I. TEEN CHALLENGE — REQUEST FOR SPECIAL EXCEPTION USE
APPROVAL TO EXPAND AN EXISTING CAMP/RETREAT. TEEN
February 15, 2005 26
CHALLENGE OF FLORIDA, INC., OWNER. MOSBY MOIA BOWLES
AND ASSOCIATES, INC., AGENT. LOCATED AT 801 "154TH AVENUE"
(7.5 MILES WEST OF I-95, 1.5 MILES SOUTH OF SR60). ZONING
CLASSIFICATION: A-2, AGRICULTURAL 2 (UP TO I UNIT/I0 ACRES).
LAND UsE DESIGNATION: AG -2, AGRICULTURAL (UP TO I UNIT/I0
ACRES). QUASI-JUDICIAL
9.C.2. ABANDONMENT OFA PORTION OF 46TH STREET RIGHT-OF-WAY.
LINDA CROSS' REQUEST FOR AN ABANDONMENT OF A PORTION OF
46TH STREET. THE SUBJECT SEGMENT IS A PAPER STREET LOCATED
EAST OF AND ADJACENT TO 38TH AVENUE IN GIFFORD.
LEGISLATIVE
9.C.3. CJM COMMUNITIES: REQUEST TO REZONE APPROXIMATELY 19.95
ACRES, LOCATED SOUTHWEST OF THE INTERSECTION OF 65TH
STREET AND LATERAL "Ci" CANAL, FROM A-1, AGRICULTUR4L-1
DISTRICT (UP TO I UNIT/5 ACRES) TO RS -6, SINGLE FAMILY
RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), NIKOLAS
MANOUDAKIS, CONNIE MOYER, JOHN AND CHRISTINE FRANKS,
OWNERS. LAND DESIGN SOUTH, AGENT. QUASI -.JUDICIAL
9.C.4. QUAIL CREEK PD: REQUEST FOR PLANNED DEVELOPMENT (PD)
SPECIAL EXCEPTION USE AND PRELIMINARY PD PLAN/PLAT
APPROVAL FOR A PROJECT TO BE KNOWN AS QUAIL CREEK QUAIL
February 15, 2005 27
CREEKDEVELOPMENT GROUP, LLC, OWNER. SCHULKE, BITTLE chi
STODDARD, LLC, AGENT. LOCATED ON THE NORTH SIDE OF 81sT
STREET WEST OF 58TH AVENUE. ZONING CLASSIFICATION: RS -3,
RESIDENTIAL SINGLE-FAMILY (UP TO 3 UNITS PER ACRE). LAND
USE DESIGNATION: L-1, LOW DENSITY RESIDENTIAL (UP TO 3
UNITS PER ACRE). PROPOSED DENSITY: 2.40 UNITS PER ACRE.
LEGISLATIVE
9.C.5. BANACK FRUIT STAND: REQUEST FOR SPECIAL EXCEPTION USE
APPROVAL FOR FRUIT, VEGETABLE, AND NURSERY RETAIL SALES IN
ANAGRICULTURAL AREA. BANACKFAHILYLIHITED PARTNERSHIP,
OWNER. CARTER ASSOCIATES, INC., AGENT. LOCATED AT THE
SOUTHEAST CORNER OF THE 65TH STREET/66TH AVENUE
INTERSECTION. ZONING CLASSIFICATION: A-1, AGRICULUTRAL I
(UP TO I UNIT/5 ACRES). LAND USE DESIGNATION: AG -1,
AGRICULTURAL (UP TO I UNIT/5 ACRES). QUASI -.JUDICIAL
Executive Aide Kimberly Massung read the above notices into the record.
11.C. GENERAL SERVICES - SHERIFF'S OFFICE RENOVATION -
BARTH CONSTRUCTION - SECOND AND THIRD
AMENDMENTS TO THE EMERGENCY CONTRACT
County Administrator Baird advised that this recommendation is to approve both
the second and third amendments to the contract.
February 15, 2005 28
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously supported the
continued efforts to repair and rehabilitate the Sheriff's
Offices; granted authorization to proceed with the work
outlined in Proposal request 4 3 in the amount of
$146,761.00; and authorized the Chairman to execute both
the attached Third Amendment to the Emergency Contract
for the Sheriff's Office 911 Center — Additional Repairs,
and the Second Amendment to the Emergency Contract for
the Sheriff's Office 911 Center — Additional Repairs which
was previously approved by the Board at the January 18,
2005 in the form of a proposal, as recommended in the
memorandum of February 7, 2005.
SECOND AND THIRD AMENDMENTS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
February 15, 2005 29
11.I.1. PUBLIC WORKS - BEACH WATCH MEMBERSHIP - BEACH
AND SHORE PRESERVATION ADVISORY COMMITTEE -
FLORIDA SHORE AND BEACH PRESERVATION
ASSOCIATION (FSBPA) - BEACH PRESERVATION FUND
MOTION WAS MADE by Vice Chairman Neuberger,
SECONDED by Commissioner Davis, to approve staff's
recommendation.
Under discussion, Commissioner Wheeler questioned and opposed spending the
$5,000 on this because he did not know of any specific good this group has done for Indian River
County.
Vice Chairman Neuberger spoke in favor of this because he believed that FSBPA
has been effective in obtaining money for our beaches.
Coastal Resource Manager Jonathan Gorham recommended support of Beach
Watch; it has been a successful lobbying association.
Chairman Lowther and Commissioner Davis indicated their support.
The Chairman CALLED THE QUESTION and the motion
carried by a vote of 3-1 Commissioner Wheeler opposed
and Commissioner Bowden absent. (The Board approved
the recommendation of the Beach and Shore Preservation
Advisory Committee to join the Beach Watch lobbying
program with funding in the amount of $5,000 from the
Beach Preservation Fund, as recommended by staff and in
the memorandum of February 8, 2005.)
February 15, 2005 30
11.I.2. PUBLIC WORKS — PROJECT ENGINEER CLIFFORD J.
SUTHARD, P.E. — PERMANENT PART-TIME EMPLOYMENT
AGREEMENT
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Neuberger, the Board unanimously (by a
vote of 4-0, Commissioner Bowden absent) approved the
contract and authorized the Chairman to execute the
Permanent Part -Time Employment Agreement with
Clifford J. Suthard, P.E., as recommended in the
memorandum of February 8, 2005.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO BOARD
11.11. UTILITIES SERVICES — ADDITION OF STANDBY
GENERATOR REQUIREMENT TO THE COUNTY UTILITY
CONSTRUCTION STANDARDS
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously (by a vote
of 4-0, Commissioner Bowden absent) approved the
adoption of the revised Water and Wastewater Utility
Standards, as presented and as recommended in the
memorandum of February 8, 2005.
12. COUNTY ATTORNEY — MGD DEVELOPMENT OF FLORIDA
II, LLC V INDIAN RIVER COUNTY — OCEAN SANDS
February 15, 2005 31
PROJECT - PROPOSED SETTLEMENT BY APPROVAL OF A
REVISED PRELIMINARY PD PLAN (SITE PLAN AND
PRELIMINARY PLAT)
County Attorney Collins read his memorandum of February 9, 2005 in its entirety
into the record and explained why the Board should settle under the proposed terms. He then
responded to questions of the Commissioners.
The Chairman opened the floor to public comment.
Bill Glynn, 1802 Barefoot Place, Vero Beach, president of North Beach Civic
Association and the Barrier Island Coalition, called the plan ridiculous and commented there is no
way to put 91 units there.
Planning Director Stan Boling commented that a layout for 91 units that goes back
quite a while ago on which there was a conceptual plan approval going back to the Disney
ownership of the property. If this proposed settlement is approved they could conceivably build up
to 66 units.
Mr. Glynn predicted they would build 60 feet above the grade of AIA and the
buildings would be closer to the road because of the CCCL (Coastal Construction Control Line).
Bob Bruce, temporarily residing in the Highland Club, suggested the
Commissioners look up compatible and consistency in the dictionary.
Ray Hilton, 8735 Lakeside Boulevard, asked the Board to represent the
homeowners as a neighborhood.
Norm Lang, 8880 Sea Oaks Lane, pointed out there is a difference between a
time-share versus a residential product. He thought the developer is trying to take advantage of a
loophole.
Norval Stephens, 1357 W. Island Club Square, presented various arguments that he
felt could be used to defend the County in seeking a court decision in the County's favor.
February 15, 2005 32
There was discussion concerning the density granted to the Disney Resort the
original owner of the subject property.
Bill Schmidt, 8890 Sea Oaks North, encouraged the Board of County
Commissioners not to set a precedent for future types of threats. He encouraged the Board to fight
this in court.
Richard Dunlop, Mayor of Orchid, called Mr. Collins' presentation "extremely
one-sided." He thought the Board had the right to say "no" to unwanted development.
John Johnson, 8348 Sego Lane, suggested buying this property to prevent its
development; it would be a great public area.
Vice Chairman Neuberger interjected that LAAC had considered buying it but the
owner was not willing to sell it within the LAAC parameters.
Gary Fronholtz, Bermuda Club, thought the Board should not duck from this issue
but should act decisively because that is why people voted for them.
Bill Johnson, a member of Sea Oaks board of directors, specified that not just Sea
Oaks, but also Island Club, Bermuda Club, or almost 1,000 homeowners are opposed and want that
considered in the final decision.
Delaney Foster, Jr., Sea Oaks Way, a director of SOPA and an 8 -year resident was
sure the $17,500 could be raised to purchase the property and the Board should not let that be their
decision -maker.
Irving Miller, Sea Oaks, a 16 -year resident, urged the Commissioners to reject the
recommendation for settlement.
The Chairman concluded the public comment.
MOTION WAS MADE by Vice Chairman Neuberger
Motion, SECONDED for discussion by Chairman
Lowther, to go forward with the lawsuit.
February 15, 2005 33
A brief discussion ensued.
The Chairman CALLED THE QUESTION and the motion
carried unanimously.) (The Board [by a vote of 4-0,
Commissioner Bowden absent] rejected the County
Attorney's recommendation for settlement of the lawsuit
filed by MGD Development of Florida II, LLC, in Circuit
Court, and authorized the expenditure of $17,500 for
outside legal counsel to file a Response to the lawsuit.)
(CLERK'S NOTE: Additional information has been filed
with the backup in the office of the Clerk to the Board.)
B.C. COMMISSIONER SANDRA L. BOWDEN — COMMITTEE
ASSIGNMENT — EARLY LEARNING COALITION —
COMMISSIONER BOWDEN REPLACED BY
COMMISSIONER DAVIS
In Commissioner Bowden's absence, Executive Aide Kimberly Massung advised
that Commissioner Bowden had requested to be replaced on the Early Learning Coalition (FKA
School Readiness Coalition) and Commissioner Davis has agreed to take her place. She will be
assigned to another committee at some later date.
February 15, 2005 34
There was CONSENSUS to replace Commissioner
Bowden with Commissioner Davis on the Early Learning
Coalition.
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
February 15, 2005 35
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 12:51 p.m.
ATTEST:
Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman
Minutes Approved:
BCC/PR/2005 Minutes
February 15, 2005 36