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INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF FEBRUARY 22, 2005
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE...................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS ............................................................................................................ 2
5.A.PRESENTATION BY ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT (SJRWMD) – GRAND HARBOR
MOSQUITO IMPOUNDMENT/MANGROVE RESTORATION
PROJECT – INDIAN RIVER FARMS CANAL TRASH &
DEBRIS REDUCTION PROJECT (INDIAN RIVER LAGOON
LICENSE PLATE COST-SHARING PROGRAM) ................................ 2
5.B.PRESENTATION BY EMERGENCY SERVICES
DEPARTMENT ............................................................................................ 3
6.APPROVAL OF MINUTES - NONE ......................................................... 3
February 22, 2005
1
7.CONSENT AGENDA ................................................................................... 4
7.A.R .......................................................................................................................4
EPORT
7.BPDM13-19,2005SW ..............4
ROCLAMATION ESIGNATING ARCH AS URVEYORS EEK
7.C.PCSU,F ............................................4
ROCLAMATION OMMEMORATING TEP P LORIDA
7.D.AW ...........................................................................................4
PPROVAL OF ARRANTS
7.E.SB-ASWG(SWG)–
CHOOL OARD PPOINTMENTS TO THE TAFF ORKING ROUP
DMI(RGS)SO(R
AN CNTYRE EPLACING REG MITH AND USAN LSON EPLACING
JF) .........................................................................................................5
OHN ONTANA
7.F.R2005-023-2005RIRCUL
ESOLUTION EVISED NDIAN IVER OUNTY NIFIED OCAL
MS(LMS)P(HMGP
ITIGATION TRATEGY LAN AZARD ITIGATION RANT ROGRAM
F\[HMGP\]) ........................................................................................................5
UNDS
7.G.BN.6088–WMP–US-1GG
ID O ATER AIN ROJECT FROM ARDEN ROVE TO
GIE–CON.1–RR&
ROVE SLE STATES HANGE RDER O ELEASE OF ETAINAGE
FP-UU,I. ..................................................6
INAL AYMENT NDERGROUND TILITIES NC
7.H.BA#7031SA–WV
ID WARD AND AMPLE GREEMENT ESTSIDE ILLAS
SWAP–UU,I. .....6
UBDIVISION ATER SSESSMENT ROJECT NDERGROUND TILITIES NC
7.I.EDC(EDC)–RW.B’
CONOMIC EVELOPMENT OUNCIL OBERT AUCHMANS
R() ...................................................7
ESIGNATION LOCAL BANKING REPRESENTATIVE
7.J.FPACCR
INAL LAT PPROVAL AND ONTRACT FOR ONSTRUCTION OF EQUIRED
I-HLP.D.–ACC
MPROVEMENTS IDDEN AKE TLANTIC OAST ONSTRUCTION AND
D,I. ...................................................................................................7
EVELOPMENT NC
7.K.FPA–WFL(PR)–82
ND
INAL LAT PPROVAL HITE ENCES ANES RIVATE OAD
A,600FN4S–KFII,
TH
VENUE EET ORTH OF TREET AHLE AMILY NVESTMENT
LLC .............................................................................................................................8
7.L.IACVB–AA
NTERLOCAL GREEMENT ITY OF ERO EACH IRPORT CCESS
IAB(FD
MPROVEMENTS VIATION OULEVARD LORIDA EPARTMENT OF
T\[FDOT\]-(FECR\[FEC\]) ..................8
RANSPORTATION LORIDA AST OAST AILROAD
7.M.O--CT–C’B,DW
UTOFOUNTY RAVEL OMMISSIONERS OWDEN AVIS AND HEELER
CP–FAC(FAC)–
ERTIFICATION ROGRAM LORIDA SSOCIATION OF OUNTIES O
LD-M30,2005–T–FW .......9
EGISLATIVE AY ARCH ALLAHASSEE UTURE ORKSHOPS
February 22, 2005
2
8.A.1.SHERIFF - NEW WORLD SYSTEMS – COMPUTER
SOFTWARE - ................................................................................................ 9
8.B.1.SHERIFF - BUREAU OF JUSTICE ASSISTANCE
BULLETPROOF VEST PARTNERSHIP PROGRAM –
DEPARTMENT OF JUSTICE.................................................................. 11
9.A.1.PUBLIC HEARING – BANACK FAMILY LIMITED
PARTNERSHIP’S REQUEST FOR SPECIAL EXCEPTION USE
– FRUIT, VEGETABLE AND NURSERY RETAIL SALES -
BANACK FRUIT STAND - CARTER ASSOCIATES, INC.
(QUASI-JUDICIAL) ................................................................................... 12
9.A.2.PUBLIC HEARING – ORDINANCE 2005-006 – REZONING
TH
19.95 ACRES FROM A-1 TO RS-3 RS-6 – SOUTH OF 65
STREET, WEST OF LATERAL “G” CANAL – CJM
COMMUNITIES (QUASI-JUDICIAL) ................................................... 13
9.A.3.PUBLIC HEARING – TEEN CHALLENGE OF FLORIDA INC.’S
REQUEST FOR SPECIAL EXCEPTION USE TO EXPAND AN
EXISTING CAMP/RETREAT - MOSBY, MOIA, BOWLES AND
ASSOCIATES, INC. (QUASI-JUDICIAL) ............................................. 16
9.A.4.PUBLIC HEARING – QUAIL CREEK DEVELOPMENT
GROUP, LLC’S REQUEST FOR PLANNED DEVELOPMENT
(PD) SPECIAL EXCEPTION USE AND PRELIMINARY PD
PLAN/PLAT APPROVAL – QUAIL CREEK PD – SCHULKE,
BITTLE AND STODDARD, LLC (LEGISLATIVE) ............................ 17
February 22, 2005
3
11.C.1.INTERIOR DESIGN FURNISHINGS – NEW
ADMINISTRATION BUILDING - DONADIO AND SONG AND
ASSOCIATES – COMMISSIONER BOWDEN NAMED
COORDINATOR ........................................................................................ 19
11.C.2.SHERIFF DEPARTMENT’S GARAGE ROOF - BID WAIVED –
SUN/SKY/ATLANTIC ROOFING (HURRICANE FRANCES)
(FEMA) ......................................................................................................... 20
11.G.1.THIRD PARTY CLAIMS ADMINISTRATION AGREEMENT
–MULTIPLE LINES AT CLAIMS HANDLING - JOHNS
EASTERN COMPANY, INC. (JEC) ........................................................ 21
TH
11.I.1.INTERSECTION IMPROVEMENTS – 66 AVENUE AND
CR-510 – CIVIL ENGINEERING AND LAND SURVEYING
AGREEMENT – KIMLEY-HORN AND ASSOCIATES, INC. ........... 21
11.I.2.FINAL RELEASE OF RETAINAGE - CHANGE ORDER NO 5 –
KINGS HIGHWAY, PHASE II – ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT – DEPARTMENT OF
ENVIRONMENTAL PROTECTION – KIMLEY-HORN AND
ASSOCIATES, INC. ................................................................................... 22
TH
11.I.3.INTERSECTION IMPROVEMENTS AT 58 AVENUE AND
SR-60 – CIVIL ENGINEERING AND LAND SURVEYING
AGREEMENT – KIMLEY-HORN AND ASSOCIATES, INC. ........... 22
11.J.1SANITARY SEWER RELOCATION – BREEZY VILLAGE
MOBILE HOME PARK - UNDERGROUND UTILITIES, INC. ........ 23
February 22, 2005
4
13.A.CHAIRMAN LOWTHER – COMMISSIONER COMMITTEE
ASSIGNMENTS .......................................................................................... 23
14.A.EMERGENCY SERVICES DISTRICT - NONE ................................... 24
14.B.SOLID WASTE DISPOSAL DISTRICT - NONE .................................. 24
14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 24
February 22, 2005
5
February 22, 2005
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
th
Regular Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on
Tuesday, February 22, 2005, at 9:00 a.m. Present were Chairman Thomas S. Lowther, Vice
Chairman Arthur R. Neuberger; and Commissioners Sandra L. Bowden and Gary C. Wheeler.
Commissioner Wesley Davis arrived at 10:11 a.m. Also present were County Administrator
Joseph Baird, County Attorney William G. Collins II, Executive Aide to the Board Kimberly
Massung, and Deputy Clerk Maria I. Suesz.
1. CALL TO ORDER
Chairman Lowther called the meeting to order.
2. INVOCATION
Pastor Doug Vogt, First Church of God, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Attorney William G. Collins led the Pledge of Allegiance to the Flag.
February 22, 2005
1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Lowther advised that Commissioner Davis had a speaking engagement at
the Sebastian Middle School Honors Program and would come to the Board meeting following
that event. He then requested the following changes to today’s Agenda:
Deferred and to be February 15, 2005 Scheduled Public Hearing – Abandonment of a
th
re-advertised Agenda Item 9.C.2. portion of 46 Street
Add: Item 7.M. Out of County Travel for Commissioners Bowden,
Wheeler, and Davis to Ethics, Public Records and
Sunshine Law Workshop in Tallahassee March 31,
2005
Add: Item 8.B. Grant request - Bureau of Justice Assistant -
Bulletproof Vest Partnership Program
Correction: Item 11.I.2. There is no Change Order No. 5 to be approved
Add: Item 13.A. Commissioner Committee Reassignment
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously made
the above changes to the Agenda.
5.A. PRESENTATION BY ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT (SJRWMD) – GRAND HARBOR
MOSQUITO IMPOUNDMENT/MANGROVE RESTORATION
PROJECT – INDIAN RIVER FARMS CANAL TRASH &
DEBRIS REDUCTION PROJECT (INDIAN RIVER LAGOON
LICENSE PLATE COST-SHARING PROGRAM)
Marguerita Engel
, Intergovernmental Coordinator from the Office of
Communications and Governmental Affairs presented a ceremonial check in the amount of
$50,000 granted to the St. Johns River Water Management District’s Indian River Alternative
February 22, 2005
2
Water Supply Construction Cost-Share Program, and presented an “All Canals Lead to Lagoon”
sign developed by the Indian River County Stormwater Division. There will be 138 of these signs
placed along the canal.
Utilities Capital Project Manager Michael Hotchkisstalked about the project to
restore the wetlands in Grand Harbor and it will become an educational facility to allow people to
learn and observe nature.
Chip Swindell
, Ecotech Consultants, Inc., relayed that this project will provide a
long term discharge point for the brine water and at the same time restore habitat. In addition, it
will create a marsh system connecting to the river and allow species to come back and breed.
Commissioner Wheeler applauded the utilities director and his staff for their
accomplishments.
5.B. PRESENTATION BY EMERGENCY SERVICES
DEPARTMENT
Emergency Services Director John King gave a short presentation on the Emergency
Services Department. He used a PowerPoint Presentation (copy on file) to present an overview of
the department’s that fall under Emergency Services, the next 60 days and the departments
responsibilities: Animal Control, 911 Coordinator/Database Management, County
Communications, Radiological Preparedness, Emergency Management, Emergency Services
District, and Advanced Life Support.
6. APPROVAL OF MINUTES - NONE
None.
February 22, 2005
3
7. CONSENT AGENDA
Item G and Item H were pulled from the consent agenda.
7.A. R
EPORT
The following report has been placed on file in the office of the Clerk to the Board.
1. The Fellsmere Water Control District Audit Report Fiscal Year 2003/2004
has been received and are on file in the office of the Clerk to the Board:
7.B PDM13-19,2005S
ROCLAMATION ESIGNATING ARCH AS URVEYORS
W
EEK
Proclamation noted for the record.
7.C. PCSU,F
ROCLAMATION OMMEMORATING TEP P LORIDA
Proclamation noted for the record.
7.D. AW
PPROVAL OF ARRANTS
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, by a 4-0 vote, Commissioner
Davis absent, the Board unanimously approved the list of
Warrants for the time period of February 4-10, 2005, as
recommended in the memorandum of February 10, 2005.
February 22, 2005
4
7.E. SB-ASWG
CHOOL OARD PPOINTMENTS TO THE TAFF ORKING ROUP
(SWG)–DMI(RGS)S
AN CNTYRE EPLACING REG MITH AND USAN
O(RJF)
LSON EPLACING OHN ONTANA
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, by a 4-0 vote, Commissioner
Davis absent, the Board unanimously approved the School
Board appointments mentioned above, as recommended in
the memorandum of February 16, 2005.
7.F. R2005-023-2005RIRC
ESOLUTION EVISED NDIAN IVER OUNTY
ULMS(LMS)P(H
NIFIED OCAL ITIGATION TRATEGY LAN AZARD
MGPF\[HMGP\])
ITIGATION RANT ROGRAM UNDS
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, by a 4-0 vote, Commissioner
Davis absent, the Board unanimously adopted Resolution
2005-023 approving the 2005 Revised Indian River County
Unified Local Mitigation Strategy and authorized staff to
forward the revised LMS plan to each municipality for their
formal approval.
PLAN IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
February 22, 2005
5
7.G. BN.6088–WMP–US-1G
ID O ATER AIN ROJECT FROM ARDEN
GGIE–CON.1–
ROVE TO ROVE SLE STATES HANGE RDER O
RR&FP-U
ELEASE OF ETAINAGE INAL AYMENT NDERGROUND
U,I.
TILITIES NC
Commissioner Wheeler was pleased to see Underground Utilities, Inc. complete
construction of all improvements at a cost 3.3% less than the approved bid amount.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, by a 4-0 vote, Commissioner
Davis absent, the Board unanimously approved Change
Order No 1 reducing the final price of the project by
$5,500.00 to $162,000.00 and approved Application for
Pay Request No. 2 – Final as final payment to the
Contractor, Underground Utilities, Inc., in the amount of
$11,250.00, as recommended in the memorandum of
February 7, 2005.
CHANGE ORDER 1 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.H. BA#7031SA–WV
ID WARD AND AMPLE GREEMENT ESTSIDE ILLAS
SWAP–U
UBDIVISION ATER SSESSMENT ROJECT NDERGROUND
U,I.
TILITIES NC
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, the Board unanimously awarded
Bid #7031 to Underground Utilities, Inc. as the lowest most
February 22, 2005
6
responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid; approved
the sample agreement and authorization for the Chairman
to execute said agreement when required performance and
payment bonds have been submitted along with appropriate
certification of insurance and the County Attorney has
approved the agreement as to form and legal sufficiency, as
recommended in the memorandum of February 10, 2005.
AGREEMENT WILL BE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
7.I. EDC(EDC)–RW.
CONOMIC EVELOPMENT OUNCIL OBERT
B’R()
AUCHMANS ESIGNATION LOCAL BANKING REPRESENTATIVE
The Board noted the resignation for the record.
7.J. FPACC
INAL LAT PPROVAL AND ONTRACT FOR ONSTRUCTION OF
RI-HLP.D.–A
EQUIRED MPROVEMENTS IDDEN AKE TLANTIC
CCD,I.
OAST ONSTRUCTION AND EVELOPMENT NC
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, by a 4-0 vote, Commissioner
Davis absent, the Board unanimously granted final plat
approval for the Hidden Lakes PD.; authorized the
Chairman to execute the submitted Contract for
Construction of Required Improvements and accepted the
February 22, 2005
7
security arrangement, as recommended in the
memorandum of February 14, 2005.
CONTRACT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.K. FPA–WFL(PR)–
INAL LAT PPROVAL HITE ENCES ANES RIVATE OAD
82A,600FN4S–KF
NDTH
VENUE EET ORTH OF TREET AHLE AMILY
II,LLC
NVESTMENT
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, by a 4-0 vote, Commissioner
Davis absent, the Board unanimously granted Final Plat
approval for the private road right-of-way to be known as
White Fences Lane and the recreational tract, as
recommended in the memorandum of February 16, 2005.
7.L. IACVB–AA
NTERLOCAL GREEMENT ITY OF ERO EACH IRPORT CCESS
IAB(FD
MPROVEMENTS VIATION OULEVARD LORIDA EPARTMENT
T\[FDOT\]-(FECR
OF RANSPORTATION LORIDA AST OAST AILROAD
\[FEC\])
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, by a 4-0 vote, Commissioner
Davis absent, the Board unanimously approved the
Interlocal Agreement with the City of Vero Beach for
February 22, 2005
8
access improvements to Aviation Boulevard, as
recommended in the memorandum of February 8, 2005.
INTERLOCAL AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.M. O--CT–C’B,D
UTOFOUNTY RAVEL OMMISSIONERS OWDEN AVIS AND
WCP–FA
HEELER ERTIFICATION ROGRAM LORIDA SSOCIATION OF
C(FAC)–LD-M30,2005–
OUNTIES O EGISLATIVE AY ARCH
T–FW
ALLAHASSEE UTURE ORKSHOPS
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, by a 4-0 vote, Commissioner
Davis absent, the Board unanimously authorized
Commissioners Bowden, Davis and Wheeler to attend this
County Commissioners Workshop while attending the
FACo Legislative Day in Tallahassee; and to grant
authorization for them to attend future workshops being
offered by FACo in order to obtain their County
Commissioners Certification credits, as requested in the
memorandum of February 18, 2005.
8.A.1. SHERIFF - NEW WORLD SYSTEMS – COMPUTER
SOFTWARE -
Sheriff Roy Raymond
used a PowerPoint presentation (copy on file) to seek
approval to purchase a new fully integrated computer software from New World Systems. It will
maximize information sharing and reduce duplication of effort. Data is kept in a “Master File”
February 22, 2005
9
location for real-time access from CAD, Records or Mobile. The urgency of this request is the first
year maintenance fee will be waived (a savings of $171,740.) by making the purchase now instead
of waiting until Budget time.
Bob UreyMartha Asher,
and Sheriff’s employees, spoke on how they arrived at
true concerns that they were in a critical stage and needed to seek further software and how they
handled the RFPs.
Carol Greenly,
Sheriff’s employee, talked about true horror stories with the current
system.
Dan Hovey,
representative of New World Systems, relayed what he found the
department needed and spoke of what he has done to make sure that this program is one that will
last for many years.
In response to Commissioner Wheeler’s inquiry regarding Cisco upgrading the
CarolGreenly
current system to correct the problem, informed him that Cisco’s basic layout is
flawed and it would take a complete rewrite. As the Sheriff’s needs grow the more the software
fails to meet their needs and now they feel it is a safety issue.
Harry Hall,
Comptroller at the Sheriff’s office, asked the Board if the project is
approved to pursue Wachovia Bank for financing.
(CLERK’S NOTE: Commissioner Davis entered the meeting at 10:11 a.m.)
The question and answer period continued.
Sheriff Raymond asked the Board to authorize the County Attorney to review the
contracts and put it on the Agenda for March 15, 2005.
Chairman Lowther applauded him for bringing this forward and he would support it
100%.
Commissioner Wheeler had some concerns regarding cost and felt it would be more
economical if they had Cisco upgrade the current system and fix the problems.
February 22, 2005
10
Sheriff Raymond agreed wholeheartedly, however, Cisco has failed to fix the
problem they have now and the problems have only gotten worse. He is not willing to risk
people’s lives on a system that has been a failure.
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, by a 4-1 vote (Commissioner
Wheeler opposed), the Board approved the Sheriff to
finalize the contract with New World Systems and to bring
it back for review on March 15, 2005 under the consent
agenda.
Commissioner Wheeler commented that he opposed this item based on budgetary
restraints.
SOFTWARE PROPOSAL IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD, AND
COPY OF CISCO’S COST SUMMARY WAS PROVIDED
SUBSEQUENT TO THE MEETING AND IS ON FILE WITH THE BACKUP
8.B.1. SHERIFF - BUREAU OF JUSTICE ASSISTANCE
BULLETPROOF VEST PARTNERSHIP PROGRAM –
DEPARTMENT OF JUSTICE
Kim Pool
Planning and Research Manager at the Sheriff’s office, asked the Board
for approval to request grant dollars to purchase the replacement bulletproof vests through the U.S.
Department of Justice, Bureau of Justice Bulletproof Vest Partnership Program. The grant will
reimburse up to 50% of the total cost and could save the County $6,225.48.
February 22, 2005
11
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously authorized
the Sheriff to request grant dollars for the purchase of
replacement bulletproof vests through the U.S. Department
of Justice, Bureau of Justice Assistance Bulletproof Vest
Partnership Program and be able to supplant local dollars
and provide the required safety equipment for our law
enforcement officers at a substantial saving to the
taxpayers, as requested in the memorandum of February 21,
2005.
(CLERK’S NOTE: The Chairman called for a short recess at 10:24 a.m. The meeting reconvened
at 10:34 a.m. with all members present.)
9.A.1. PUBLIC HEARING – BANACK FAMILY LIMITED
PARTNERSHIP’S REQUEST FOR SPECIAL EXCEPTION USE
– FRUIT, VEGETABLE AND NURSERY RETAIL SALES -
BANACK FRUIT STAND - CARTER ASSOCIATES, INC.
(QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling displayed the location of the subject site and
described the zoning of the surrounding areas. He explained two uses proposed on the subject site:
a small packing house approved by Planning and Zoning Commission (P&Z) 6-0, and a special
exception use of retail sales of fruit, vegetable, and nursery items in an area zoned agricultural.
There were three conditions staff and P&Z recommended as part of this request:
February 22, 2005
12
1.16.67 acres of the overall site located outside of the area of development shall remain in
active agricultural production unless the retail sales special exception use is terminated.
2.Prior to site plan release, the overall 20-acre site shall be established as a single parcel via
parcel reconfiguration.
3.Prior to issuance of a certificate of occupancy for any building, the applicant shall install all
required landscaping as shown on the landscape plan.
The Chairman opened the public hearing.
Ken Good
, Carter Associates, Inc., was available for questions, as well as Mr.
Banack.
There being no additional speakers, the Chairman closed the public hearing.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Banack Family Limited Partnership’s request for Special
Exception Use for Fruit, Vegetable, and Nursery Retail
Sales in an agricultural area in conjunction with the
recommended conditions (page 80 in the backup), as
recommended in the memorandum of February 8, 2005.
9.A.2. PUBLIC HEARING – ORDINANCE 2005-006 – REZONING
TH
19.95 ACRES FROM A-1 TO RS-3 RS-6 – SOUTH OF 65
STREET, WEST OF LATERAL “G” CANAL – CJM
COMMUNITIES (QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
February 22, 2005
13
Community Development Director Bob Keating addressed the Board regarding this
request using a PowerPoint presentation (copy on file) explaining the purpose is to secure a zoning
district whereby the property can be developed for residential uses. The Planning & Zoning
Commission recommended the Board to approve this rezoning. The property is zoned A-1 and the
request is to be zoned RS-6.
Commissioner Wheeler expressed concern for the buildup of traffic on the 58th
Avenue corridor. He feels we are getting ahead of ourselves with development and we are not
keeping up with the roads. He believes that in 20-30 years the county would be at build out and he
would like to see how we would look. His approach overall is not to build more 4-lane roads but to
reduce traffic by reducing density.
The Chairman opened the public hearing.
Brad Currie
, Land Design South, prepared a brief PowerPoint to present their
traffic study demonstrating complete build out and showing 200 trips under what the level of
service “D” would be.
Discussion continued regarding traffic issues and the use of the MSTU.
Public Works Director Jim Davis described the department’s aggressive road plan.
th
He addressed plans to implement the grid, to bring 74 Street on line, and have a 4-lane program
th
for 66 Avenue. He will be presenting the program to the Board at a meeting in April. Director
Davis explained the reasons they use the MSTU.
1.because it is adopted by the Florida Statutes, and
2.to avoid a lawsuit.
John Williams
, 1535 Smuggler’s Cove, urged the Board to think of concurrency
now and not to approve rezoning until the roads can handle it. He expressed concern with how
February 22, 2005
14
much money it will take to make these improvements and if the funds are coming from the
developer.
Bob Johnson,
Coral Wind subdivision, asked the Board to reconsider rezoning this
property to RS-3.
Joseph Paladin,
President of Atlantic Construction and Chairman of the Growth
Awareness Committee,questioned whether developers coming to the Board now have to comply
with the new proposed LDR changes.
There was a brief discussion regarding the new proposed LDR changes and
Attorney Collins was asked to explain the pending ordinance doctrine.
There being no other speakers the Chairman closed the public hearing.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED BY Commissioner Bowden for discussion, to
rezone this property from A-1 to RS-3.
Discussion ensued regarding surrounding property zonings and lot sizes.
Commissioner Davis supported the motion.
Vice Chairman Neuberger supported staff’s recommendation.
Chairman Lowther concurred with Mr. Newberger.
Commissioner Bowden wanted to hear from Mr. Paladin.
Mr. Paladin
supported the project as an RS-6 providing the developer adheres to
the new LDRs and new buffers were put in effect.
Chairman Lowther learned that they cannot add a caveat and changed his postion.
There being no additional speakers, the Chairman closed the public hearing.
February 22, 2005
15
The Chairman CALLED THE QUESTION and the motion
carried 4-1 (Vice Chairman Neuberger opposed). The
Board unanimously approved rezoning from A-1 to RS-3
and adopted Ordinance 2005-006 amending the zoning
ordinance and the accompanying zoning map for 19.95
th
acres located at the south west intersection of 65 Street
and Lateral “G” Canal from A-1, Agriculural-1 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.3. PUBLIC HEARING – TEEN CHALLENGE OF FLORIDA
INC.’S REQUEST FOR SPECIAL EXCEPTION USE TO
EXPAND AN EXISTING CAMP/RETREAT - MOSBY, MOIA,
BOWLES AND ASSOCIATES, INC. (QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Planning Director Stan Boling presented this item using a PowerPoint presentation
(copy on file) defining the expansion to the office and staff housing of an existing Camp/Retreat
adding approximately 9 acres on behalf of Teen Challenge. Staff and the P&Z Commission
recommend the Board approve this request with the conditions outlined in the memorandum.
Chairman Lowther opened the public hearing.
Andrea Hatfield,
a resident north of the subject area, supported this request;
however, she requested a privacy wall or berm to be constructed to prevent trespassing onto her
property and for it to be maintained by Teen Challenge.
February 22, 2005
16
Rev. Maynard Sweigard
, Founder, Director of Teen Challenge, and long time
friend of the Hatfields’ said they would prefer putting up a 6’ wooden fence and a hedge to hide the
fence.
There being no other speakers, the Chairman closed the public hearing.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis the Board unanimously approved the
Special Exception Use in conjunction with the conditions
as outlined in the memorandum of February 16, 2005, with
the caveat that a fence be installed and the start and end of
the fence to be worked out between Teen Challenge and
their neighbors the Hatfields.
9.A.4. PUBLIC HEARING – QUAIL CREEK DEVELOPMENT
GROUP, LLC’S REQUEST FOR PLANNED DEVELOPMENT
(PD) SPECIAL EXCEPTION USE AND PRELIMINARY PD
PLAN/PLAT APPROVAL – QUAIL CREEK PD – SCHULKE,
BITTLE AND STODDARD, LLC (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Planning Director Stan Boling presented to the Board this Special Exception Use
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request using a PowerPoint presentation explaining that it is a planned development along 81
Street and next to the County Fairgrounds. The applicant is looking to obtain waivers in lot size,
building setbacks, maximum building coverage, and minimum street right-of-way in return for
common green space areas, greater perimeter setbacks and buffers, on-site recreation amenities,
February 22, 2005
17
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right-of-way dedication, and stormwater treatment for runoff from 81 Street. The P&Z
Commission and staff recommend approval with conditions outlined in the memorandum.
There was a lengthy discussion regarding the road paving plans to the surrounding
streets of this development. Chairman Lowther felt from the County standpoint they need to get
the roads paved instead of waiting until the development is completed.
Attorney Collins stated that if they wait for the development to come in they may get
60’ of right-of-way dedicated instead of purchasing 60’ of right-of-way and paying for the whole
thing.
Discussion ensued whereby Commissioner Wheeler expressed his concern about lot
sizes and buffers. Director Keating said if the objective is to lower density the best thing to do is
change the Comp Plan.
The Chairman opened the public hearing.
Joseph Bittle
, 1875 Tarpon Lane, asked the condition placed by the P&Z
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Commission requiring a left turn lane on 81 Street into the project be removed because it will
interfere with the Sand Lakes Development.
Bob Johnson
, Coral Wind subdivision, said the County’s problem is neglecting
improvement of our east/west roads and spending a lot of money on improving our north/south
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roads. He recommended paving 81 Street all the way to 66Avenue.
There being no additional speakers, the Chairman closed the public hearing.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Bowden for discussion, to
approve staff’s recommendation including 30% of the
building coverage instead of 40%.
February 22, 2005
18
Director Keating explained that would place a detrimental affect because they would
only be able to apply the lot coverage area to the smaller lot.
Commissioner Davis supported staff’s recommendation.
Commissioner Bowden withdrew her second to the motion on the floor.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, Board unanimously granted PD
Special Exception Use Approval for Quail Creek with the
conditions, as recommended in the memorandum of
February 8, 2005.
(CLERK’S NOTE: The Chairman called for a brief recess at 12:45 p.m. and the
meeting reconvened at 12:48 p.m. with all members present.)
11.C.1. INTERIOR DESIGN FURNISHINGS – NEW
ADMINISTRATION BUILDING - DONADIO AND SONG AND
ASSOCIATES – COMMISSIONER BOWDEN NAMED
COORDINATOR
Project Manager Steve Blum presented to the Board the interior design decisions
prepared by Donadio and Song and Associates architectural design team for furnishings in the
New Administration Building. He displayed the color boards (copy on file) for everyone’s review.
Commissioner Bowden asked for cost estimates. She explained to the Board that
they have choices in design and colors. She felt the options should be presented to the Board and
felt to commit two years out is difficult.
February 22, 2005
19
General Services Director Tom Frame suggested for the Board to appoint someone
to work with the Architect.
Administrator Baird suggested Commissioner Bowden sit down with the architect
and recommend changes.
Vice Chairman Neuberger said he would like to leave the decision with experts.
Commissioner Lowther did not want to prolong the project any further and remained
in agreement with Vice Chairman Neuberger.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, by a 4-1 vote (Chairman Lowther
opposed) the Board approved Commissioner Bowden to act
as liaison between Donadio & Song and Associates, Inc.
interior designer to look at options to interior design of the
new Administration Building and bring back to the Board.
11.C.2. SHERIFF DEPARTMENT’S GARAGE ROOF - BID WAIVED –
SUN/SKY/ATLANTIC ROOFING (HURRICANE FRANCES)
(FEMA)
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously supported
the continued efforts to quickly repair and rehabilitate the
Sheriff’s facilities and waived the bidding procedures for
this work due to a lack of response and an inability to find
competitive prices from qualified sources, and authorized
staff to issue a purchase order in the amount of $139,884.00
February 22, 2005
20
to Sun Sky/Atlantic Roofing, as recommended in the
memorandum of February 14, 2005.
11.G.1. THIRD PARTY CLAIMS ADMINISTRATION AGREEMENT
–MULTIPLE LINES AT CLAIMS HANDLING - JOHNS
EASTERN COMPANY, INC. (JEC)
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Third Party Administration Agreement with Johns Eastern
Company, Inc. (JEC) fiscal year 2004/2005, as
recommended in the memorandum of February 14, 2005.
SERVICE CONTRACT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
TH
11.I.1. INTERSECTION IMPROVEMENTS – 66 AVENUE AND
CR-510 – CIVIL ENGINEERING AND LAND SURVEYING
AGREEMENT – KIMLEY-HORN AND ASSOCIATES, INC.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved Alternative 1, authorizing the Chairman to
execute the Agreement with Kimley-Horn and Associates,
Inc., as written, and as recommended in the memorandum
of February 11, 2005.
February 22, 2005
21
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.I.2. FINAL RELEASE OF RETAINAGE - CHANGE ORDER NO 5 –
KINGS HIGHWAY, PHASE II – ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT – DEPARTMENT OF
ENVIRONMENTAL PROTECTION – KIMLEY-HORN AND
ASSOCIATES, INC.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Final Release of Retainage in the amount of $21,520.75 to
Kimley-Horn and Associates, Inc., as recommended in the
memorandum of February 14, 2005.
TH
11.I.3. INTERSECTION IMPROVEMENTS AT 58 AVENUE AND
SR-60 – CIVIL ENGINEERING AND LAND SURVEYING
AGREEMENT – KIMLEY-HORN AND ASSOCIATES, INC.
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
Alternative 1, authorizing the Chairman to execute the
Agreement with Kimley-Horn and Associates, Inc., as
recommended in the memorandum of February 14, 2005.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
February 22, 2005
22
11.J.1 SANITARY SEWER RELOCATION – BREEZY VILLAGE
MOBILE HOME PARK - UNDERGROUND UTILITIES, INC.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
expenditure of funds for this project in the total amount of
$5,184.50; authorized the Chairman to execute Work
Authorization No. 2001-202 in the amount of $3,342.60, to
Underground Utilities, Inc. for the labor portion of the
project, as recommended in the memorandum of January
27, 2005.
WORK AUTHORIZATION DIRECTIVE IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
13.A. CHAIRMAN LOWTHER – COMMISSIONER COMMITTEE
ASSIGNMENTS
Chairman Lowther reassigned the following Commissioner Committee assignments
as follows:
1.Commissioner Lowther from Alternate to Member on the Value Adjustment
Board (VAB).
2.Commissioner Bowden from Member to Alternate on the Value Adjustment
Board
3.Chairman Lowther no longer Member/Chairman of the Transportation
Disadavantage Local Coordinating Board (TDLCB)
February 22, 2005
23
4.Commissioner Bowden Member/Chairman of the Transportation
Disadvantage Local Coordinating Board (TDLCB)
COMMITTEE REASSIGNMENT LIST IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
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
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 1:16 p.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman
Minutes Approved: _________________
BCC/MIS/2005Minutes
February 22, 2005
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