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Home My WebLink About02/17/2004 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF FEBRUARY 17, 2004 1.CALL TO ORDER ........................................................................................ 1 2.INVOCATION ............................................................................................... 1 3.PLEDGE OF ALLEGIANCE ...................................................................... 1 4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS............................................................................................................. 1 5.PROCLAMATIONS AND PRESENTATIONS ........................................ 2 A.RFD..............................................................................................2 ESCUE AT ORT RUM 6.A.APPROVAL OF MINUTES – DECEMBER 16, 2003 .............................. 2 7.CONSENT AGENDA.................................................................................... 3 7.A.R ...................................................................................................................3 EPORTS 7.B.AW .........................................................................................3 PPROVAL OF ARRANTS 7.C.2004ECDBGC LECTION OF OMMUNITY EVELOPMENT LOCK RANT ITIZENS ATF(CDBG)CELV DVISORY ASK ORCE HAIRMAN FFIE YLES AND ICE CAH ......................................................................................3 HAIRMAN RTHUR ARRIS February 17, 2004 1 7.DO--CTCAF UTOFOUNTY RAVEL FOR OMMISSIONERS TO TTEND LORIDA TH AC(FAC)75AC SSOCIATION OF OUNTIES O NNUAL ONFERENCE AND EE–J22-25,2004 .........................................................4 DUCATONAL XPOSITION UNE 7.E.LACVBIRC EASE GREEMENT WITH ITY OF ERO EACH FOR NDIAN IVER OUNTY ESDSN.2–RA MERGENCY ERVICES ISTRICT TATION O ENEWAL AND MENDMENT CMLD .............................................................4 TO ORRECT AP AND EGAL ESCRIPTION 7.F.AB#6045HOM(R-B)O WARD ID ARMONY AKS ITIGATION EID KLAWAHA F,I.(PW) ....................................................................................4 ARMS NC UBLIC ORKS 7.G.AB#6044–RDT–CR WARD ID OTARY RUM HICKENER ENTRAL EGIONAL WWTF–A-R,I.(U ASTEATER REATMENT ACILITY NDRITZUTHNER NC TILITIES D) .............................................................................................................5 EPARTMENT 7.H.KHI–DE& INGS IGHWAY MPROVEMENTS UNKELBERGER NGINEERING T,I.–FRRTS ESTING NC INAL ELEASE OF ETAINAGE FOR ESTING ERVICES (PW&U) ....................................................................................5 UBLIC ORKS TILITIES 7.I.RN.2004-0192004-020–PA–T ESOLUTION OS AND ROPERTY CQUISITIONS AX RRA&QK(FC OLL EMOVAL RTHUR UEENIE NIGHT UTURE OUNTY RD ABC)CL(43A DMINISTRATION UILDING OMPLEX AND HRISTA EWIS VENUE R--W) ..........................................................................................................6 IGHTOFAY 7.J.CSV“B”P.D.(P2)–SM ITRUS PRINGS ILLAGE HASE ECOND ODIFICATON TO CCRSIN. ONTRACT FOR ONSTRUCTION OF EQUIRED IDEWALK MPROVEMENTS O PD-00-08-13-CFCSIDE-B2(99100114-25841)–SP,I. UNTREE ARTNERS NC (CA) ..................................................................................................6 OUNTY TTORNEY 9.A.1.PUBLIC HEARING - ORDINANCE NO. 2004-006 - REZONING APPROXIMATELY 143 ACRES FROM A-1 AND A-2 TO PD (INDUSTRIAL) AND APPROVAL OF CONCEPTUAL PD PLAN FOR THE INDIAN RIVER PARK OF COMMERCE (LEGISLATIVE) ........................................................................................... 7 9.B.1.PUBLIC DISCUSSION ITEM - BRIAN T. HEADY – IMPOSITION OF IMPACT FEES ..................................................................................... 13 February 17, 2004 2 9.C.1.PUBLIC NOTICE ITEMS – PUBLIC HEARINGS SCHEDULED FOR MARCH 9, 2004 ................................................................................. 14 A.VL:RR18.66AL ITO ARCENI EQUEST TO EZONE CRES OCATED ON THE THTH SC66A45SA-1, OUTHEAST ORNER OF VENUE AND TREET FROM A(1/5)RS-3,RS-F GRICULTURAL UP TO UNIT ACRES TO ESIDENTIAL INGLEAMILY (3/)(Q-J) .................................................................14 UP TO UNITSACRE UASIUDICIAL B.EB&A:RR3.44AL DWARD OYD SSOCIATES EQUEST TO EZONE CRES OCATED ON TRTNORCL,L IMBER IDGE RAIL ORTH OF SLO OAD FROM IMITED C,OCR,O,C,R OMMERCIAL TO FFICE OMMERCIAL ESIDENTIAL (Q-J) .....................................................................................................14 UASIUDICIAL 11.C.PROJECT STATUS UPDATE FOR PROPOSED NEW ADMINISTRATION BUILDING COMPLEX (GENERAL SERVICES) .................................................................................................. 14 11.H.SOUTH COUNTY REGIONAL PARK – INDOOR MULTI-PURPOSE RECREATION FACILITY(RECREATION) ...... 18 11.I.1.PUBLIC WORKS MAINTENANCE COMPLEX INDIAN RIVER COUNTY/SCHOOL DISTRICT FLEET MAINTENANCE FACILITY - AMENDMENT NO. 6 TO PROFESSIONAL ARCHITECTURAL/ENGINEERING SERVICES CONTRACT – HANSON PROFESSIONAL SERVICES, INC. (PUBLIC WORKS) ... 19 11.I.2.TRANS-CENTRAL FLORIDA RAILROAD RIGHT-OF-WAY – CR 512 RIGHT-OF-WAY ACQUISITION (ANSIN PROPERTY) – DISCUSSION ON “RAILS TO TRAILS” PROJECT (PUBLIC WORKS) – DEPARTMENT OF STATE, DIVISION OF HISTORIC RESOURCES .......................................................................... 20 February 17, 2004 3 11.I.3.PRESENTATION BY TRAFFIC ENGINEER CHRIS MORA - TH SR-60 – 58 AVENUE INTERSECTION SIGNALIZATION (PUBLIC WORKS) ..................................................................................... 22 TH 11.J.1THOMAS REYES DUPLEX ON 110 STREET DEVELOPER’S AGREEMENT FOR CONSTRUCTION OF OFF-SITE GRAVITY SEWER (UTILITIES SERVICES)............................................................ 24 13.A.CHAIRMAN CAROLINE D. GINN – REQUEST FROM TAXPAYERS’ ASSOCIATION AND CIVIC ASSOCIATION OF INDIAN RIVER COUNTY TO PUBLISH THE BOARD OF COUNTY COMMISSIONERS’ AGENDA .............................................. 24 14.A.EMERGENCY SERVICES DISTRICT ................................................... 25 14.B.SOLID WASTE DISPOSAL DISTRICT .................................................. 26 14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 26 February 17, 2004 4 February 17, 2004 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in Regular th Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday, February 17, 2004. Present were Caroline D. Ginn, Chairman; Arthur R. Neuberger, Vice Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Kenneth R. Macht. Also present were Joseph Baird, Acting County Administrator; William K. DeBraal, Assistant County Attorney; Kimberly Massung, Executive Aide to the Board; and Patricia Ridgely, Deputy Clerk. 1. CALL TO ORDER Chairman Ginn called the meeting to order at 9:00 a.m. 2. INVOCATION Pastor Doug Vogt, First Church of God, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Adams led the Pledge of Allegiance to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Ginn requested the following changes to today’s Agenda: February 17, 2004 1 1.Move Item 7.E. to 14.A. 2.Add Item 11.I.3. – Presentation by Traffic Engineer Chris Mora on Traffic Signalization 3.Add Item 5.A. – Rescue at Fort Drum 4.Additional backup for Item 11.I.2. 5.Item 13.A. – add Civic Association ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Macht, the Board unanimously made the above changes to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS A.RFD ESCUE AT ORT RUM Chairman Ginn recounted the recent disappearance of a father and daughter in the Fort Drum Preserve and how they were successfully located through the combined efforts of law enforcement and emergency personnel. She listed the various governments’ personnel and equipment involved in the search. (A written copy of Chairman Ginn’s remarks is on file with the backup in the Office of the Clerk to the Board.) 6.A. APPROVAL OF MINUTES – DECEMBER 16, 2003 February 17, 2004 2 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of December 16, 2003. There were none. ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved the Minutes of the Regular Meeting of December 16, 2003, as written and distributed. 7. CONSENT AGENDA 7.A. R EPORTS Received and Placed on File in Office of Clerk to the Board Report of Convictions January 2004. 7.B. AW PPROVAL OF ARRANTS ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved the list of warrants issued by the Clerk to the Board for the period January 30-February 5, 2004. 7.C. 2004ECDBG LECTION OF OMMUNITY EVELOPMENT LOCK RANT CATF(CDBG)CEL ITIZENS DVISORY ASK ORCE HAIRMAN FFIE YLES VCAH AND ICE HAIRMAN RTHUR ARRIS The above elections noted for the record. February 17, 2004 3 7.D O--CTCA UTOFOUNTY RAVEL FOR OMMISSIONERS TO TTEND FAC(FAC)75A TH LORIDA SSOCIATION OF OUNTIES O NNUAL CEE–J22-25,2004 ONFERENCE AND DUCATONAL XPOSITION UNE ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved out-of-county travel for all Commissioners to attend the th annual FACo 75 Annual Conference in Broward County, June 22-25, 2004, as requested in memorandum dated February 9, 2004. 7.E. LACVBIR EASE GREEMENT WITH ITY OF ERO EACH FOR NDIAN IVER CESDSN.2– OUNTY MERGENCY ERVICES ISTRICT TATION O RACML ENEWAL AND MENDMENT TO ORRECT AP AND EGAL D ESCRIPTION MOVED TO 14.A. (EMERGENCY SERVICES DISTRICT) 7.F. AB#6045HOM(R-B) WARD ID ARMONY AKS ITIGATION EID OF,I.(PW) KLAWAHA ARMS NC UBLIC ORKS ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously awarded Bid #6045 in the amount of $141,594.94, to Oklawaha February 17, 2004 4 Farms, Inc., as the lowest, most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid, as recommended in the memorandum dated February 9, 2004. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.G. AB#6044–RDT–C WARD ID OTARY RUM HICKENER ENTRAL RWWTF– EGIONAL ASTEATER REATMENT ACILITY A-R,I.(UD) NDRITZUTHNER NC TILITIES EPARTMENT ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously awarded Bid #6044 in the amount of $143,000, to Andritz-Ruthner, Inc., as the lowest, most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid, as recommended in the memorandum dated February 3, 2004. 7.H. KHI–DE INGS IGHWAY MPROVEMENTS UNKELBERGER NGINEERING &T,I.–FRRT ESTING NC INAL ELEASE OF ETAINAGE FOR ESTING S(PW&U) ERVICES UBLIC ORKS TILITIES ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved final release of retainage in the amount of $8,020.75 to February 17, 2004 5 Dunkelberger Engineering & Testing, Inc., as recommended in the memorandum dated February 3, 2004. 7.I. RN.2004-0192004-020–P ESOLUTION OS AND ROPERTY A–TRRA&QK CQUISITIONS AX OLL EMOVAL RTHUR UEENIE NIGHT (FCABC) UTURE OUNTY DMINISTRATION UILDING OMPLEX AND CL(43AR--W) RD HRISTA EWIS VENUE IGHTOFAY ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously adopted Resolution No. 2004-019 of the Board of County Commissioners of Indian River County, Florida, canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Arthur & Queenie Knight – County Administration Building Complex) ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously adopted Resolution No. 2004-020 of the Board of County Commissioners of Indian River County, Florida, canceling taxes upon publicly owned lands, pursuant to Section rd 196.28, Florida Statutes. (Christa Lewis – 43 Avenue Right-of-Way) 7.J. CSV“B”P.D.(P2)–S ITRUS PRINGS ILLAGE HASE ECOND MCCR ODIFICATON TO ONTRACT FOR ONSTRUCTION OF EQUIRED February 17, 2004 6 SIN.PD-00-08-13-CFCSIDE-B2 IDEWALK MPROVEMENTS O (99100114-25841)–SP,I.(CA) UNTREE ARTNERS NC OUNTY TTORNEY ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously authorized the Chairman to execute the Second Modification to Contract for Construction of Required Sidewalk Improvements No. PD-00-08-13-CFCSIDE-B2 (99100114-25841) extending the completion date to October 28, 2004, and reducing the amount of security in place from $38,564.79 to $7,712.96, as recommended in the memorandum of February 5, 2004. COPY OF SECOND MODIFICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 9.A.1. PUBLIC HEARING - ORDINANCE NO. 2004-006 - REZONING APPROXIMATELY 143 ACRES FROM A-1 AND A-2 TO PD (INDUSTRIAL) AND APPROVAL OF CONCEPTUAL PD PLAN FOR THE INDIAN RIVER PARK OF COMMERCE (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Division Director Stan Boling reviewed his memorandum of February 3, 2004 in detail using locator maps and a PowerPoint outline. He pointed out the residential areas around the February 17, 2004 7 site, the zoning of same, the commercial sites in the area and explained the policies that mandate commercial zoning. The subject site is within the urban service area and the Board has the flexibility and ability to limit uses. The Planning and Zoning Commission voted 6-1 to recommend approval. Staff has also recommended approval with the conditions as listed in the backup. Director Boling then responded to Commissioners’ questions with respect to commercial, industrial, and retail that can be developed on the site. He explained that commercial uses would be accessible only inside the park, not directly off SR-60. Commissioner Macht interjected that there would be a fairly large number of workers in the park and rather than have them spill out congesting the traffic area, food would be available within the park for their convenience. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. Renee Renzi , Waverly Place, Vero Beach, was confused and referred to an action of the Board that occurred last week. Director Boling explained the difference between last week’s action (adoption of Ordinance #2004-005 amending the LDRs) and this proposed rezoning ordinance. It was decided in 1990 that this site, under our Comp Plan, must be used as industrial. Director Boling stated that there is no site plan yet but it is anticipated it will come in as a PD (planned development) with the Board having the opportunity to tweak it. Kella Johnson, of Vero Tropical Gardens, was concerned about diminishment of her home’s value due to the truck traffic (widening of SR-60) and this newly proposed project and the increased activities it would bring nearby. Her subdivision was planned in the 1950’s, lots were sold through magazine advertisements, and 4 feet of fill was required before construction could proceed. February 17, 2004 8 John West, 22560 South Winds Blvd., does not own property nearby, nor is he a contractor or a developer, was appalled at the approval of the 80’ height at the last meeting. th Brian Johnson , 98 Avenue, produced and showed a video depicting how noise from construction traffic and dust from trucks hauling fill for widening SR-60 have negatively impacted his Vero Tropical Gardens neighborhood. He feared that wildlife currently seen in the area would be severely and negatively impacted by air, water, and light pollution. (Clerk’s Note: The video is on file with the backup in the Office of the Clerk to the Board.) Brian Heady, Vero Beach, predicted this industrial development would put 24-hour-a-day traffic in that area. He reiterated his mantra that taxpayers should not be subsidizing development. John Williams, Smuggler’s Cove, also objected to the public subsidizing any development in the western part of the county. He believes in free market growth and market driven forces to create growth. The market will bring good developers here. He addressed what he perceived as fallacies in our traffic compatibility tests, stressed that residents do not want to accept driving under LOS “D”, and residents want developers paying for the roads. Joseph Paladin , a local developer, respected the emotions of the people and backed staff against allegations made by a previous speaker. He elaborated on his belief that we have to be careful not to turn down a developer and lose tax money. Jay Hart , 2800 Indian River Boulevard, president of Indian River County Chamber of Commerce, advised that they have called this a “commerce park” rather than an “industrial park.” The property needs to be zoned appropriately as it was designated under our LDRs. He urged the Commissioners to rezone this property appropriately for the use originally intended. Bruce Barkett , attorney for the applicant, asserted that approval of this matter comes down to whether or not the Board wants to implement our Comp Plan and bring industry into the community. He encouraged the Commissioners to adopt the ordinance citing the specificity of Policy 1.36 to this property, which is not subject to interpretation. This developer is “playing by the rules” and is coming in with a PD with certain controls that can be implemented to protect the neighbors. He noted that staff, Commissioner Macht, and the Chamber of Commerce have worked February 17, 2004 9 very hard to invite a developer to develop this project. He introduced Dave Knight to speak on some of the controls designed to protect the neighbors. Chairman Ginn thought this Policy would preclude retail, and Director Boling specified that it would not preclude retail and explained how this Policy was developed and how staff had worked with the applicant and developer to limit the commercial portion. David Knight, Knight McGuire, representing the developer, advised that he has tried to design elements to help address concerns of the neighbors that have come up since the last P & Z th meeting. Primarily these controls involve the construction and proposed uses along 98 Avenue. th He displayed a sketch (see Page 118 of the backup) showing an unpaved road (98 Avenue) currently being used by the mining operation for dump trucks taking fill west for the SR-60 th road-widening construction. The developer has proposed to construct a new (paved) 98 Avenue to divert those trucks off the unpaved road. A 10-foot landscape area would be constructed on the th east side of the new 98 Avenue. This would create a county road having a 5-foot berm with landscaping on the west side and a 10-foot Type “C” buffer on the east side of the road. This new road and treatment would extend to the north along the commercial development. He explained the cross roads from the unpaved to the paved roadways and detailed how movement would occur out of the project area, describing traffic-routing signage to limit traffic actually traveling on the new th 98 Avenue. The existing unpaved road would remain but its entrance/exit to SR-60 will be closed. thth The new paved 98 Avenue will line up with 98 Avenue on the south side of SR-60 and there will be a signal at that intersection. One of the streets on the north side of SR-60 will have to be renamed. He hoped the school buses could pick up the children somewhere off the highway. th Edward Krygeris, 2400 84 Court, Paradise Park, who owns property in Vero Tropical Gardens, looked to the Board to provide the residents consideration and mitigation for the negative impact this development will bring to them. In response to Vice Chairman Neuberger, Director Keating advised there are 20 homes west of I-95 on 300 lots; very few remaining lots are buildable. February 17, 2004 10 Public Works Director James Davis gave an historical account of how in the late 1990s the Public Works Department did an extensive study to try to get petition paving and drainage accomplished in the subdivision; however, most of the lots were owned by out-of-county investors in south Florida. In addition, the County’s hired environmental consultant came up with a very extensive and expensive mitigation plan that was acceptable to the various agencies but was just not feasible. He pointed out on a map the gas and Florida Power & Light transmission lines located within the subdivision. FPL actually owns many of the lots. To come up with a mitigation plan would be very difficult and would not be cost-effective. Trucks hauling fill from the Corrigan Ranch will travel on the paved road after it is built and create less noise. Cliff Norris , 1408 Club Drive, a nearly 40-year resident, spoke in favor of the project. He thought we have an opportunity to start the ball rolling which will attract a major national company to improve job opportunities. He also favored using our tax dollars to do this and hoped the Board would vote to support it. Ms. Renzi had another question concerning Policy 1.36 because it speaks of 101.8 acres, but the project calls for 142.42 acres, and Director Boling again explained and illustrated how the site was designated in two steps. Penny Chandler , Executive Director of the Chamber of Commerce for Indian River County, noted there is a lot of emotion about growth now, but sometimes facts do not always accompany those emotions. Her agency’s role has been to put Indian River County into a position to attract companies and make it sensible for those already here to grow. She explained why other I-95 locations were not used. She pointed out that truck traffic has been on SR-60 even when it was 2 lanes; the MPO has talked about widening it; and Florida Department of Transportation has had plans to widen it for quite some time. The widening of SR-60 puts us at a critical crossroads. th There has been an active sand pit out there for quite some time using 98 Avenue for transportation. With respect to a tax subsidy, she anticipated that this property would undergo from $60 to $80 million in improvements from which there would be approximately $1.4 million per year generated in new tax revenues. This would help relieve the so often mentioned “burden on February 17, 2004 11 homeowners”. She also addressed wildlife concerns and containment of employees. The employees’ paychecks will stimulate new business, new home buying, and will help the total economy. She hoped the Board would move on with this and adopt the ordinance. Bob Johnson , Coral Wind Subdivision, believed that because this is a PD the Board will have control over certain situations. He saw no provision for churches in the industrial park and thought there should be an allowance for a church there, such as the Salvation Army or a chapel. Mr. Heady wanted to know the total amount to be spent on infrastructure, and also who the end-user for the 80’ building will be. Director Keating advised that the County is not looking at any contribution at this time and, up to this time, the developer has not requested a subsidy. The amount would be limited to $1.5 million for roads and water and sewer lines in the park, but that would come to the Commission for a separate vote. Ms. Chandler explained that one of the main concerns in attracting someone for new business is having a certain degree of secrecy. This is very normal. The information is not divulged so that a competitor does not step in to jeopardize the plans. Bill Lord , 2822 Cardinal Drive, had 2 concerns about the project: the 80-foot height, which he thought is a bad precedent, and that a property owner (Mr. Johnson) did not learn of this until 2 weeks ago (according to an article in the newspaper). Chairman Ginn thought the last concern was based on inaccurate information. The Chairman asked if anyone else wished to be heard with regard to this matter. There being none, the Chairman closed the public hearing. Commissioner Adams indicated her approval of the rezoning but mentioned her concerns about the east exit onto SR-60, the impacts of construction on the neighbors, and her preference that the commercial usage be removed and the project be kept industrial. Vice Chairman Neuberger discussed traffic signal placement. February 17, 2004 12 MOTION WAS MADE by Vice Chairman Neuberger, SECONDED by Commissioner Lowther, to approve staff’s recommendation. (Rezone to PD-Commercial and approve the conceptual PD plan with the conditions listed on Page 94 of the backup.) Commissioner Adams questioned the west exit from the park, and Traffic Engineer Christopher Mora explained how the traffic would exit the park at a signalized access to SR-60. The Chairman CALLED THE QUESTION and the motion carried 4-1 (Chairman Ginn opposed). Chairman Ginn specified that she was voting in opposition due to the height of the building. The Chairman announced a 5-minute break at 11:12 a.m. The meeting was reconvened at approximately 11:20 a.m. with all members present. 9.B.1. PUBLIC DISCUSSION ITEM - BRIAN T. HEADY – IMPOSITION OF IMPACT FEES Brian Heady , Vero Beach, urged the Commissioners to listen to the community concerning the impact of growth on the taxpayers. He stated we all know the impact of projected growth; he suggested they take that number, do the math, and provide the impact fees sooner not later. February 17, 2004 13 9.C.1. PUBLIC NOTICE ITEMS – PUBLIC HEARINGS SCHEDULED FOR MARCH 9, 2004 A.VL:RR18.66AL ITO ARCENI EQUEST TO EZONE CRES OCATED ON THE SC66A45SA-1, THTH OUTHEAST ORNER OF VENUE AND TREET FROM A(1/5)RS-3,R GRICULTURAL UP TO UNIT ACRES TO ESIDENTIAL S-F(3/)(Q-J) INGLEAMILY UP TO UNITSACRE UASIUDICIAL B.EB&A:RR3.44A DWARD OYD SSOCIATES EQUEST TO EZONE CRES LTRTNORCL, OCATED ON IMBER IDGE RAIL ORTH OF SLO OAD FROM LC,OCR,O,C, IMITED OMMERCIAL TO FFICE OMMERCIAL R(Q-J) ESIDENTIAL UASIUDICIAL Chairman Ginn read the above notices into the record. 11.C. PROJECT STATUS UPDATE FOR PROPOSED NEW ADMINISTRATION BUILDING COMPLEX (GENERAL SERVICES) Project Manager Steve Blum advised that we are now in Phase 2, schematic design, for the new Administration Building Complex. The architects submitted their drawings recently and we actually got more than we expected. The drawings got an initial scrutiny and red flags were raised. This was the first time the project appeared as a whole building and a number of issues had to be addressed including the relationships between departments (adjacencies), circulation, maximizing the number of non-permanent walled offices or work stations with 5 or 6-foot high walls (to minimize costs), impacts on the HVAC systems, restroom placement for the convenience of both the public and the departments (to be always adjacent to the lobby), as well as ease of access to and February 17, 2004 14 sharing of conference rooms. The overlying concern for the whole project is public accommodation. Mr. Blum continued that the building started at 175,000 square feet; as functions and locations were being examined it was decided to move Building and Grounds to what will probably rd be a future complex on property we own on 43 Avenue. Reasons for this include in and out traffic, parking for trucks, and storage of landscape and other maintenance equipment. Animal Control is another department to be moved out there. Once those departments were moved out of Building B, the opportunity for the Property Appraiser to be adjacent to the Tax Collector became possible. Also, Supervisor of Elections Kay Clem indicated she needed an additional 5,000 square feet of warehouse space (in addition to the already 3,000 square feet planned). There was concern, and it was determined to be valid that adding another 5,000 square feet to the first floor of Building B rd would create some circulation difficulty. The Supervisor also wanted to move out to the 43 Avenue site. A small (satellite) Elections office would remain in Building B for voter registration and early voting. One of the reasons for creating another building for these functions is cost. That rd 43 Avenue site will have a nice metal building, rather than a stucco building with a tile roof. The ultimate impact is that instead of looking at 170,000 to 175,000 square feet, we are now looking at about 160,000 to 162,000 square feet. We have to be careful about that because we want to make sure with expansion and growth that we leave room for the future. As to schedule, we are behind in terms of the design portion but this detailed design review time was spent intelligently. He and Acting County Administrator Baird will be going to West Palm Beach to discuss the design with the architects. Chairman Ginn strongly believed the Supervisor of Elections belongs in the Administration Complex. The Space Needs Committee had put together a matrix showing interactions between departments and she did not understand why we have to go over and over it. She was disappointed with Song and was getting concerned because the first draft was too complete. Bathrooms were everywhere and not lined up for economy. Someone needs to send the message that this is just not acceptable. February 17, 2004 15 Commissioner Macht was also disappointed with the lack of adjacency between the Commissioners’ and Clerk’s Offices. Also, the time line is shot. The Board had wanted to contain everything in a “complex” rather than having buildings all over the county. Vice Chairman Neuberger had spoken with the Supervisor of Elections and it does not make sense to store machines in expensive downtown real estate. Chairman Ginn thought Mrs. Clem’s need for additional storage was precipitated by a proposal at the state level to provide printed voting receipts. Acting County Administrator Baird discussed working with the constitutional officers concerning standardizing space sizes and reducing offices which will make the building more flexible as needed for growth. As to the relocation of Mrs. Clem’s offices, she needs storage space for machines and there could be future changes in the law. Also, she disperses those machines all rd over the county and the location on 43 Avenue is more centrally located; a loading zone and loading docks can be more easily provided adjacent to the storage and office areas. It was a concept change that just seemed more logical to move those departments. He believed it to be important to take the time to make sure we have the right kind of building in the ground. He also stressed the reasons for putting the Property Appraiser and Tax Collector close to one another. Staff is trying to make functions that work together close together. In response to Chairman Ginn’s inquiry, Mr. Blum advised that currently Building B is st planned as follows: the 1 floor will have the Tax Collector, Property Appraiser, small Supervisor of Elections office, document management, General Services Administration, Purchasing, Human nd Resources and Risk Management; on the 2 floor will be Emergency Services and the Emergency Operations Center, Fire Prevention and Training, and Recreation. One of the aspects of these changes is that it appears now that Building A may be 2 story rather than 3. Chairman Ginn stressed that square footage should not be reduced. Vice Chairman Neuberger agreed and wanted assurance that future growth is considered. rd Acting County Administrator Baird suggested building a 3 floor and leaving it unfinished until it is needed. He expected to bring the Board a presentation in mid-March. February 17, 2004 16 Chairman Ginn thought that was a good idea. General Services Director Tom Frame commented that moving the Elections Office is more than just putting her office out there; as the county grows, more voting machines will be necessary which will increase her warehouse needs. The footprint of the Administration Complex would allow only for her current needs but not her future needs. Mrs. Clem also needs a staging space for early preparation for an election. When he talked with her about having the machines off site, she rd suggested that moving most of her office out to 43 Avenue will allow her staff to access them when necessary. Mr. Blum continued that the project is becoming “well-groomed”. He reported that property purchases on the Spikes’ and Knight’s residences have been finalized and the City of Vero Beach has agreed to our offer on their property. The church and the parsonage still need to be acquired and there may be a possible swap on some of the property acquisition. The bridge has been accelerated and Kimley Horn is now preparing a couple of alternate bridge designs. The City has created a new zoning district of GU and has applied it to all the land including this current Administration Building’s land. Frank Coffey , 1200 Admirals Walk, commented that during the 18 months the Space Needs Committee worked, it was never mentioned that the Tax Collector’s office had to be in the same building as the Property Appraiser’s office. Their original proposal had one in “A” and one in “B”. He agreed that now is the time to correct any discrepancies and recommended the main building not be limited to two floors. Acting County Administrator Baird thought the adjacency of the Property Appraiser and Tax Collector is better for the taxpayers who tend to get them confused. He thought staff would rd probably recommend a 3 floor with just a shell. He and Mr. Blum will be meeting with the architect rd next week. He noted that 43 Avenue would be a more central location for those departments proposed to occupy that site. rd Chairman Ginn stressed that we will need a substantial building on 43 Avenue to withstand hurricane-force winds. February 17, 2004 17 Mr. Blum understood and explained that metal buildings are capable of withstanding 140 mph winds. 11.H. SOUTH COUNTY REGIONAL PARK – INDOOR MULTI-PURPOSE RECREATION FACILITY(RECREATION) Director Clifford Crawford reviewed his memorandum of February 5, 2004 and advised that the Indian River County Parks and Recreation Committee unanimously supported the development of an indoor multi-purpose recreation facility. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Lowther, to approve staff’s recommendation and make it a 30,000 to 40,000 square foot facility because we are growing in that south county area, and the pressure to build indoor recreation space for basketball, volleyball, rainy day programs, classes, etc., is enormous and this is an incredible opportunity to do it. Under discussion, Chairman Ginn asked about the funding to be used for this building, and Acting County Administrator Baird advised there is presently $1.7 million set aside in this fiscal year and next year another $600,000 for a total of $2.3 million. Frank Coffey , 1200 Admirals Walk, recounted plans for a south county park called for multi-purpose fields, basketball courts, and a pool. Like the north county the area is growing and will need a pool in the near future. He did not doubt that an indoor facility is also needed, but perhaps it should be in a more central location. Discussion ensued on building size. February 17, 2004 18 Commissioner Lowther suggested the County might consider a joint pool complex with the School District. Acting County Administrator Baird noted that a plan undergoes changes as demographics change and time passes. The county needs a facility to offer programs for children and adults and, hopefully, we can accommodate all the programs in one facility but it will take a sizeable building to schedule them. Commissioner Adams recalled that the pool was discussed at the committee level and the committee agreed this facility is a more important need. The Chairman CALLED THE QUESTION and the motion carried unanimously. 11.I.1. PUBLIC WORKS MAINTENANCE COMPLEX INDIAN RIVER COUNTY/SCHOOL DISTRICT FLEET MAINTENANCE FACILITY - AMENDMENT NO. 6 TO PROFESSIONAL ARCHITECTURAL/ENGINEERING SERVICES CONTRACT – HANSON PROFESSIONAL SERVICES, INC. (PUBLIC WORKS) ON MOTION by Commissioner Adams, SECONDED by Vice Chairman Neuberger, the Board unanimously approved Amendment No. 6 for $41,444, and authorized the Chairman to execute same, as recommended by staff in the memorandum of February 2, 2004. AMENDMENT IS ON FILE February 17, 2004 19 IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.2. TRANS-CENTRAL FLORIDA RAILROAD RIGHT-OF-WAY – CR 512 RIGHT-OF-WAY ACQUISITION (ANSIN PROPERTY) – DISCUSSION ON “RAILS TO TRAILS” PROJECT (PUBLIC WORKS) – DEPARTMENT OF STATE, DIVISION OF HISTORIC RESOURCES Public Works Director James Davis reviewed his memo dated February 9, 2004, using an aerial photograph displayed on the overhead to point out the site, the surrounding properties, adjacent properties, and to explain the issues and alternatives. He acknowledged receipt of letters from the Pelican Island Audubon Society, Inc. and the Indian River County Historical Society. (Copies have been filed with the backup in the office of the Clerk to the Board) Before the Board was a property swap that was negotiated with the Ansin family. Staff felt they could accomplish the objectives desired by the Audubon Society, but he was unsure what a National Register designation would mean to a pedestrian trail. We could get funding as a DOT enhancement project to accomplish the trail regardless of whether there is national historical significance. Staff agreed this trail would provide a good recreational amenity in the county. He realized staff’s recommendation for this swap was not popular with the Historical Society, but a savings of .5 million dollars is significant and could not be overlooked. Avoidance of eminent domain procedures is also desirable. He recommended approval of Alternative No. 1, to proceed with the property exchange with Ronald Ansin. Joel Tyson Former Mayor of Fellsmere , Vice President of both the Historical Society and the Taxpayer’s Association, recalled that the MPO in the mid-1990s indicated in their 5-year plan that they were going to 4-lane this portion of CR 512 from Roseland Road to the west. He was aware there have been difficulties obtaining the right-of-way to make that happen. He stressed that the longer we wait to acquire this property, the more it will cost in the long run. The Ansin property February 17, 2004 20 was on the list of desirable properties when he was a member of the Land Acquisition Advisory Committee. If it had been purchased back then, we would not be discussing it. The old railroad bed can be easily seen on the property. He hoped that the railroad bed would be saved for future generations to appreciate. th Ruth Stanbridge, Former Commissioner and County Historian 4835 66 Avenue, recounted the steps she had taken toward getting the property eligible for the National Historic Register; if it qualifies it will provide great opportunities for grants. Dr. Barbara Maddox, Division of Historic Resources, has said it is potentially eligible. She was concerned that if the property is traded according to staff’s recommendation, there will be commercial development on it. The opportunity to purchase the property is too good to ignore when looking to the future of “Rails to Trails”. She urged the Board to reject Alternative No. 1 and save money by purchasing it now. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Macht, to approve Alternative No. 2. (Preserve the Trans-Central Florida Railroad right-of-way through the Ansin property in its original alignment. The cost is estimated to be $498,600 for CR 512 right-of-way land costs plus eminent domain costs estimated to be a minimum of $20,000. There is no way to estimate a maximum cost.) The Commissioners discussed acquisition of part or all of the property. Environmental & Code Enforcement Chief Roland DeBlois explained the Ansin property was not acquired in the past because there had been no indication of a willing seller. Director Davis guessed the owner would probably sell it for $4.50 per square foot or about $4 million plus costs. February 17, 2004 21 Mr. DeBlois thought we could probably obtain a 50% share from the state. He estimated the remaining LAAC bond funds are roughly $2.4 million. Vice Chairman Neuberger asked if the motion could be amended to buy the entire Ansin property. Commissioner Adams and Commissioner Macht AGREED TO AMEND the motion to include acquiring the whole property. Director Davis understood that, according to this amendment, staff was to table the road-widening project and proceed with acquisition of the whole property. Mr. DeBlois specified that the State does not match funding if eminent domain is used to purchase the property. The Chairman CALLED THE QUESTION on the amended motion and it carried unanimously. (Alternative No. 2, Preserve the Trans-Central Florida Railroad right-of-way through the Ansin property in its original alignment and pursue the purchase of the entire Ansin parcel which is on the Land Acquisition Advisory Committee’s list of properties.) 11.I.3. PRESENTATION BY TRAFFIC ENGINEER CHRIS MORA - TH SR-60 – 58 AVENUE INTERSECTION SIGNALIZATION (PUBLIC WORKS) February 17, 2004 22 County Traffic Engineer Chris Mora gave a full presentation using a PowerPoint outline (filed with the backup for the meeting) showing grids and traffic counts for the intersection at SR-60 th and 58 Avenue. Currently this intersection is an intense trip attractor because of the retail development that has been built there. He presented the history of the intersection’s signals beginning in 1973 at which time a flashing beacon was installed. He gave traffic counts from 1994 to 2003 that showed a 51% increase in 9 years; this is in contrast to the average of 30% for the rest of the county. He noted that although the number of accidents there has increased (34 in 2002, up from 23 in 1993), the crash rate has not changed greatly and is actually slightly under that of 1993. The crash rate of 1.87 per million vehicles does not indicate a safety problem because anything over 3 is considered high. He explained how capacity is determined and advised that the current level of service there is LOS “D”. At the afternoon peak-hour in peak-season the capacity rises to LOS “E” exceeding our acceptable level. He noted that the 2 northbound left-hand turn lanes (to go west) at the intersection fail most frequently. He is presently working on future improvements that may help the left turn movement at that location. A short-term fix is now undergoing a computer-simulated test before being established at the intersection. That modification can occur in about 6 weeks if the testing proves to be successful. A long-term fix will require widening the roadway and is 2+ years into the future. It would be an Indian River County project and will not rd go to construction during the 43 Avenue project. The cost is projected at $1.2 million and 7 or more developers would be participating in the funding. He showed a computerized traffic simulation program to depict what will be used for both the temporary and long-term fixes. He also showed film from surveillance cameras mounted at the intersection and advised there are multiple ththrd surveillance video cameras located at the SR-60 intersections at 20, 27, and 43Avenues, as well th as 58 Avenue. These cameras aid in traffic movement because staff can operate traffic signals from their office in the County’s Administration Building. Mr. Mora responded to questions from the Commissioners and was thanked for his excellent presentation. February 17, 2004 23 TH 11.J.1 THOMAS REYES DUPLEX ON 110 STREET DEVELOPER’S AGREEMENT FOR CONSTRUCTION OF OFF-SITE GRAVITY SEWER (UTILITIES SERVICES) ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved the Developer’s Agreement with Thomas Reyes, authorized the Chairman to execute the Developer’s Agreement, and authorized the Department of Utility Services to recover capacity charges and line extension fees to receive th construction cost from future customers along 110 Street, as recommended in the memorandum dated January 30, 2004. RECORDED AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD ORIGINAL TO BE RECORDED IN PUBLIC RECORDS 13.A. CHAIRMAN CAROLINE D. GINN – REQUEST FROM TAXPAYERS’ ASSOCIATION AND CIVIC ASSOCIATION OF INDIAN RIVER COUNTY TO PUBLISH THE BOARD OF COUNTY COMMISSIONERS’ AGENDA Chairman Ginn advised that she had received numerous requests from both the Taxpayers’ Association and the Civic Association of Indian River County and others to return to advertising the February 17, 2004 24 Commission agenda in the Press Journal. She realized it cost the County $27,000 a year, but believed it to be money well spent and important for the public to be best informed. Discussion was held as to cost for Sunday versus Friday or Monday publication, time deadlines, availability on the Internet as well as the Libraries and the Commission office and the government TV channel, and the lack of public outcry heard by other members of the Board. Chairman Ginn wanted to make the motion, but as Chairman could not and Commissioner Adams agreed to do it for her. MOTION WAS MADE by Commissioner Adams, SECONDED by Chairman Ginn, to publish the Board’s agenda in Sunday’s edition of the Press Journal. Bob Johnson Under discussion, , Coral Wind Subdivision, read the Taxpayer’s letter into the record. Discussion ensued on the pros and cons of the motion. Assistant County Attorney DeBraal believed that there are more households that have Internet access than subscribe to the Press Journal. As long as the notice is printed, the County’s obligation is satisfied. Discussion ensued on whose obligation it is to be informed. The Chairman CALLED THE QUESTION and the motion FAILED by a vote of 1-4 (Chairman Ginn cast the sole vote in favor). 14.A. EMERGENCY SERVICES DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes are being prepared separately and are appended to this document. February 17, 2004 25 14.B. SOLID WASTE DISPOSAL DISTRICT None. 14.C. ENVIRONMENTAL CONTROL BOARD The Chairman announced that immediately upon adjournment of the Emergency Services District meeting, the Board would reconvene as the Board of Commissioners of the Environmental Control Board. Those Minutes are being prepared separately and are appended to this document. 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 1:12 p.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman Minutes Approved: _________________ February 17, 2004 26 BCC/PMR/MINUTES February 17, 2004 27