HomeMy WebLinkAbout02/24/2004INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF FEBRUARY 24, 2004
1. CALL TO ORDER........................................................................................1
2. INVOCATION...............................................................................................1
3. PLEDGE OF ALLEGIANCE......................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS.............................................................................................................1
5.A. PRESENTATION OF PROCLAMATION AND RETIREMENT
AWARDHONORING MARGARET GUNTER ON HER
RETIREMENT EFFECTIVE FEBRUARY 26, 2004 ...............................2
5.B. PRESENTATION OF PROCLAMATION DESIGNATING
MARCH, 2004 AS INDIAN RIVER COMMUNITY COLLEGE
SWIMMING AND DIVING MONTH........................................................2
6. APPROVAL OF MINUTES........................................................................3
7. CONSENT AGENDA....................................................................................3
7.A. Approval of Warrants......................................................................................3
February 24, 2004 - 1 -
7.13.
Proclamation Designating March 1-7, 2004 As Mentally Handicapped Week
........................................................................................................................4
7.C.
Appointment of Dale McMindes to the Metropolitan Planning Organization
Citizens Advisory Committee (MPO CAC), replacing Marc Bauer...................4
7.D.
Appointment of Dr. Burton Lee to the Council of Public Officials (COPO)
by the Indian River County Hospital District Board of Trustees ........................4
7.E.
Election of Utility Advisory Committee Chairman William Johnson and Vice
Chairman Andrew Allocco...............................................................................4
7.17.
Election of Metropolitan Planning Organization Citizens Advisory
Committee (MPO CAC) Chairman Juliana Young and Vice Chairman
RobertJohnson................................................................................................5
7.G.
Election of Primary Care Public Health Committee Chairman Michele Kiesel
and Vice Chairman Karen Diegl.......................................................................5
7.H.
Re -Election of Parks and Recreation Committee (P&R) Chairman Susan
Wilson and Vice Chairman Bill Wilson, Sr.......................................................5
7.I.
Appointment of Ed Junker to the Economic Development Council (EDC)
replacing Pamela Price By Sebastian River Area Chamber of Commerce ..........5
7.J.
Partial Release of Easement for Drainage and Utilities — Plat Book 8, Page
61 — Pinewood Estates — Larry Evans..............................................................5
7.K. Final Plat Approval for Pointe West North Village Phase II Planned
Development — Pointe West of Vero Beach LTD.............................................6
7.L. Land and Water Conservation Fund Grant Agreement for North Sebastian
Conservation Area Public Access Improvements — Florida Communities
Trust Department of Environmental Protection Agreement ..............................6
7.M. Children's Services Advisory Committee —Fiscal Year 2002-2003Year-End
MonitoringReport........................................................................................... 7
7.N. License Agreements with American Society of Composers, Authors and
Publishers (ASCAP) and Broadcast Music, Inc. (BMI)....................................7
7.0. Appointment of Allen Duff as Community Development Director to the
Metropolitan Planning Organization Technical Advisory Committee (MPO
TAC) by the City of Fellsmere replacing Stan Krulikowski...............................8
February 24, 2004 - 2 -
9.A.1. PUBLIC HEARING - RESOLUTION 2004-021- REQUEST
FROM STEPHEN CONNELLY AND ROBERT DEL LA CRUZ
FOR ABANDONMENT OF THE PORTION OF 29TH STREET
LYING BETWEEN 62ND AVENUE AND 62ND DRIVE -
SUNNILAND HOME SITES (LEGISLATIVE)........................................8
9.A.2. PUBLIC HEARING - RESOLUTION 2004-022 - REQUEST
FROM DARRELL CLARK AND RAPHAEL VILLANOVA FOR
ABANDONMENT OF THE PORTION OF 29TH STREET LYING
AT THE SOUTH TERMINUS OF 62ND COURT - CHERRY LANE
MANOR SUBDIVISION (LEGISLATIVE)...............................................9
9.A.3. PUBLIC HEARING - PURCHASE OF THE ARENDAS TRACT
"ORCA SOUTH LINK" FLORIDA COMMUNITIES TRUST
PROJECT - LAND ACQUISITION ADVISORY COMMITTEE
(LAAO) (LEGISLATIVE)..........................................................................10
9.B.1. PUBLIC DISCUSSION - CHAIRMAN GINN'S REQUEST TO
DISCUSS GROWTH ISSUES....................................................................13
11.A.1. HOUSING REHABILITATION COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) - GIFFORD - WAIVER OF CONFLICT
FOR DAVID AND MARY ROBERTS; CHRISTINE BRYANT;
MILDRED WALLACE; AND TERRY WILLIAMS - ROBERTS
AND BRYANT BIDS TO MEYERS CONSTRUCTION, KING BID
TO TURNER CONSTRUCTION - FRED FOX, ENTERPRISES
INC. - DEPARTMENT OF COMMUNITY AFFAIRS .........................18
February 24, 2004 -3 -
1LL1. 43" AVENUE FIVE -LANE WIDENING PROJECT UPDATE -
DISCUSSION BY ROY HIRSCHFELD, MIKE DURWIN AND
MARGARET S. "PEGGY" SCOTT.........................................................21
11.J.1. VERO LAKE ESTATES SUBDIVISION WATER SERVICE - IRC
PROJECT NO. UCP 2381..........................................................................23
13.A. CHAIRMAN CAROLINE D. GINN - DISCUSSION OF GROWTH
ISSUES..........................................................................................................25
13.B. VICE CHAIRMAN ARTHUR R. NEUBERGER - UPDATE ON
SCHOOL READINESS COALITION -NAME CHANGE TO
EARLY LEARNING COUNCIL..............................................................26
14.A. EMERGENCY SERVICES DISTRICT...................................................26
14.B. SOLID WASTE DISPOSAL DISTRICT..................................................26
14.C. ENVIRONMENTAL CONTROL BOARD.............................................26
February 24, 2004 - 4 -
February 24, 2004
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 251'' Street, Vero Beach, Florida, on
Tuesday, February 24, 2004, at 9:00 a.m. 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 G. Collins II,
County Attorney; and Maria L Suesz, Deputy Clerk.
1. CALL TO ORDER
Chairman Ginn called the meeting to order.
2. INVOCATION
Pastor Biz Gainey, First Church of God, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Caroline D. Ginn 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 24, 2004 - 1 -
1. Replace pages 113-115, Item 9.A.2., Resolution
2. Move Item 13.A. to Item 9.13. Public Discussion on Growth Issues
3. Additional Backup Item 13.A, Interim Growth Control Measures
4. Add Item 13.B., Commissioner Neuberger's update on School Readiness
Coalition
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Lowther, the Board
unanimously made the above changes to the Agenda.
5.A. PRESENTATION OF PROCLAMATION AND RETIREMENT
AWARDHONORING MARGARET GUNTER ON HER
RETIREMENT EFFECTIVE FEBRUARY 26, 2004
Commissioner Neuberger read the Proclamation and presented the Retirement
Award to Margaret Gunter, Executive Assistant to the County Administrator.
Acting County Administrator Joseph Baird commented that Margaret had trained
eight administrators during her tenure and always remained so calm. He said she was an amazing
employee and she will be dearly missed.
5.B. PRESENTATION OF PROCLAMATION DESIGNATING
MARCH, 2004 AS INDIAN RIVER COMMUNITY COLLEGE
SWIMMING AND DIVING MONTH
Commissioner Adams read and presented the Proclamation that was accepted by Dr.
David Sullivan, Provost, Indian River Community College.
February 24, 2004 - 2 -
Dr. Sullivan thanked the Board for this honor. He said the College has the longest
winning streak for men and women in any collegiate sport at any level in this country and they are
really proud of this accomplishment. He invited the general public to attend on March 3rd and 41h
and especially on March 51h and 61h for the finals.
6. APPROVAL OF MINUTES
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of December 23, 2003. There were none.
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Macht, the Board
unanimously approved the Minutes of the Regular
Meeting of December 23, 2003, as written and
distributed.
7. CONSENT AGENDA
7.A. APPROVAL OF WARRANTS
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Adams, the Board
unanimously approved the list of Warrants as issued
by the Clerk to the Board for February 6-12, 2004, as
requested in the memorandum dated February 12,
2004.
February 24, 2004 -3 -
7.B. PROCLAMATIONDESIGNATINGMARCH I-7, 2004 As MENTALLY
HANDICAPPED WEEK
The Proclamation has been made a part of the record.
7. C APPOINTMENT OF DALE MCMINDES TO THE METROPOLITAN
PLANNING ORGANIZATION CinzENS ADVISORY COMMITTEE (MPO
CAC). REPLACING MARC BAUER
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Adams, the Board
unanimously appointed Dale McMindes to the
Metropolitan Planning Organization Citizens
Advisory Committee (MPO CAC), replacing Marc
Bauer, as recommended in the memorandum dated
February 13, 2004.
7.D. APPOINTMENT OF DR. BURTON LEE TO THE COUNCIL OF PUBLIC
OFFICIALS (COPD) BY THE INDIAN RIVER COUNTY HOSPITAL
DISTRICT BOARD OF TRUSTEES
The above appointment has been made a part of the record.
7.E. ELECTION OF UTILITYADVISOR YCOMMITTEE CHAIRMAN WILLIAM
JOHNSONAND VICE CHAIRMANANDREWALLOCCO
The above election has been made a part of the record.
February 24, 2004 - 4 -
7.F. ELECTION OF METROPOLITAN PLANNING ORGANIZATION CITIZENS
ADVISORY COMMITTEE (MPO CAC) CHAIRMAN JULIANA YOUNG
AND VICE CHAIRMANROBERT JOHNSON
The above election has been made a part of the record.
7.G. ELECTION OF PRIMARY CARE PUBLIC HEALTH COMMITTEE
CHAIRMAN MICHELE KIESEL AND VICE CHAIRMAN KAREN DIEGL
The above election has been made a part of the record.
7.H. RE-ELECTION OF PARKS AND RECREATION COMMITTEE (P&R)
CHAIRMANSUSAN WILSONAND VICE CHAIRMANBILL WILSON, SR.
The above election has been made a part of the record.
7.1. APPOINTMENT OF ED JUNKER TO THE ECONOMIC DEVELOPMENT
COUNCIL (EDC) REPLACING PAMELA PRICE BYSEBASTIAN RIVER
AREA CHAMBER OF COMMERCE
The above appointment has been made a part of the record.
7.J PARTIAL RELEASE OF EASEMENT FOR DRAINAGE AND UTILITIES —
PLAT BOOK 8. PAGE (I — PINEWOOD ESTATES — LARRYEVANS
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Adams, the Board
unanimously approved the partial release of easement
and authorized the Chairman to execute same, as
February 24, 2004 -5 -
recommended in the memorandum dated February
11, 2004.
RECORDED UTILITY EASEMENT AND
PARTIAL RELEASE OF EASEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.K. FINAL PLAT APPROVAL FOR POINTE WEST NORTH VILLAGE PHASE
II PLANNED DEVELOPMENT — POINTE WEST OF VERO BEACHLTD
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Adams, the Board
unanimously granted final plat approval for Pointe
West North Village Phase II Planned Development,
as requested in the memorandum dated February 10,
2004.
7.L. LAND AND WATER CONSERVATION FUND GRANT AGREEMENT FOR
NOR THSEBASTIAN CONSERVATIONAREA PUBLIC ACCESS
IMPROVEMENTS — FLORIDA COMMUNITIES TRUST DEPARTMENT OF
ENVIRONMENTAL PROTECTIONAGREEMENT
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Adams, the Board
unanimously approved the Agreement and authorized
the Chairman to execute the document, as
February 24, 2004 - 6 -
recommended in the memorandum dated February
18, 2004.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.M. CHILDREN'S SERVICES ADVISORY COMMITTEE —FISCAL YEAR
2002-2003 YEAR-END MONITORING REPORT
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Adams, the Board
unanimously approved the Year -End Monitoring
Report of the Children's Services Advisory
Committee for FY 2002-2003, as recommended in
the memorandum dated February 17, 2004.
COPY OF REPORT IS ON FILE WITH THE BACKUP IN THE
OFFICE OF THE CLERK TO THE BOARD
7.N. LICENSEAGREEMENTS WITHAMERICANSOCIETY OF COMPOSERS,
AUTHORS AND PUBLISHERS (ASCAP) AND BROADCAST MUSIC.
INC (BMI)
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Adams, the Board
unanimously approved the License Agreements with
American Society of Composers, Authors, Publishers
(ASCAP), and Broadcast Music, Inc. (BMI) in the
February 24, 2004 - 7 -
amounts of $520.00 each and authorized the County
Administrator or his designee to execute the license
agreements and future renewals. Funding is to be
appropriated from the Municipal Service Taxing Unit
Contingency Fund, as recommended in the
memorandum dated February 16, 2004.
AGREEMENTS ARE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.0. APPOINTMENT OF ALLEN DUFF AS COMMUNITYDEVELOPMENT
DIRECTOR TO THE METROPOLITAN PLANNING ORGANIZATION
TECHNICAL ADVISORY COMMITTEE (MPO Thi C) BY THE CITY OF
TFELLSMERE REPLACING STAN KRULIKOWSKI
The above appointment has been made a part of the record.
9.A.1. PUBLIC HEARING — RESOLUTION 2004-021 - REOUEST
FROM STEPHEN CONNELLY AND ROBERT DEL LA CRUZ
FOR ABANDONMENT OF THE PORTION OF 29TH STREET
LYING BETWEEN 62ND AVENUE AND 62ND DRIVE —
SUNNILAND HOME SITES (Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Planning Director Stan Boling used a Powerpoint presentation to display the subject
site. This is the first of two public hearings. Adjacent property owners Stephen Connelly and
Robert Del La Cruz have requested abandoning the segment of right-of-way to provide additional
February 24, 2004 - 8 -
private access for Lots 9 and 10 of Sunniland Home Subdivision. The right-of-way is a "paper half
street" and County staff and utility providers have no objections and recommend approval.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
Brian Heady of Vero Beach said anytime you give away rights-of-way or public
property you give away something that has rights -of -value. He felt that something of value should
be given in return.
Tom Young of Kimley Horn and Associates was present to answer any questions.
The Chairman asked if anyone else wished to be heard with regard to this matter.
There being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Neuberger, the
Board unanimously adopted Resolution 2004-021
providing for the closing, abandonment, vacation,
and discontinuance of that portion of 291h Street that
lies between 62nd Avenue and 62nd Drive. Said 291h
Street being in the Sunniland Home Sites Plat Book
4, page 33 of the public records of Indian River
County, Florida.
9.A.2. PUBLIC HEARING - RESOLUTION 2004-022 - REOUEST
FROM DARRELL CLARK AND RAPHAEL VILLANOVA FOR
February 24, 2004 - 9 -
ABANDONMENT OF THE PORTION OF 29TH STREET LYING
AT THE SOUTH TERMINUS OF 62ND COURT — CHERRY
LANE MANOR SUBDIVISION (Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Director Boling displayed an aerial view of the site and the adjacent areas. He
explained this is a similar request as Item 9.A.1. It is a half street plotted back in the early 1950s.
Darrell Clark and Raphael Villanova requested the abandonment to provide additional area for Lots
11 and 12 of the Cherry Lane Manor Subdivision. The Technical Review Committee agreed with
the property owners to the west of the subject site to abandon the half street and for the county to
retain the access easement. All reviewing agencies and departments including public works and
traffic engineering recommend approval.
The Chairman opened the public hearing and asked if anyone wished to be heard
with regard to this matter. There being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, the Board
unanimously adopted Resolution 2004-022 providing
for the closing, abandonment, vacation, and
discontinuance of that portion of 291h Street that lies
at the South Terminus of 62nd Court.
9.A.3. PUBLIC HEARING — PURCHASE OF THE ARENDAS TRACT
"ORCA SOUTH LINK" FLORIDA COMMUNITIES TRUST
February 24, 2004 - 10-
PROJECT - LAND ACOUISITION ADVISORY COMMITTEE
(LAAO) (Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Environmental Planning Chief Roland DeBlois displayed an aerial view of the site for
purchase detailing the adjacent conservation areas. He explained the purchase would give the
County the opportunity to directly connect the Oslo Riverfront Conservation Area (ORCA) with
the South Oslo Conservation area. Staff intends to remove Brazilian Pepper trees and other exotic
plant pests and restore the property to its native vegetation. He reviewed the details outlined in his
memorandum (copy on file) stating that the Land Acquisition Advisory Committee approved this
request 11-0. He explained that the owner Stella Arendas had the property listed at $399,000 and
has received offers at that price. He said the purchase price of $396,000 (20% over the appraised
value) was negotiated. He presented the main reasons for this request: development pressure, a
40% funding grant, the proximity to the other conservation areas, and provisions of a good link
between the two projects. Due to the fact that they negotiated the purchase price of $396,000, the
purchase would require a super majority vote of 4 out of 5 in favor and he recommended approval
in coordination with our cost -share partnership with the Florida Communities Trust.
Commissioner Macht said the Land Acquisition Advisory Committee had been
looking to buy this property for five years. He praised the Committee for taking this land out of
development and reducing density and pollution to the river. He felt it is an important decision and
he encouraged the Board's support.
The Chairman opened the public hearing and asked if anyone wished to be heard
with regard to this matter.
Brian Heady of Vero Beach repeated his opinion that when you turn private
property over to public property; we should receive something in return.
February 24, 2004 - 11 -
Dr. Richard Baker, 10305 1301'' Avenue, asked the nature guides attending the
meeting in support of this item to stand and be recognized. He gave an overview of the number of
guides trained by the University of Florida, those that have since retired, and those soon to graduate.
He recognized the volunteer efforts of the students from George Anderson's class at Sebastian
River High School that have created the trails and maintained the conservation area over the past
eight years.
Toni Robinson, 1111 Indian Mound Trail, spoke in favor of this purchase. She said
it would provide additional important greenway for recreation and wildlife.
Peter Sutherland, 1755 Pelican Way, said he helped in setting the price for this
property. There is a huge demand for high-density land in this county. It is his professional opinion
that it is a fit price. He felt it would be a great tragedy if we deny the request.
The Chairman asked if anyone else wished to be heard regarding this matter. There
being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Adams, the Board
unanimously approved the ORCA South Link option
contract and authorized staff to close the purchase in
coordination with the Florida Communities Trust as
a 40% cost -share partner, as recommended by staff in
the memorandum dated February 18, 2004.
CONTRACT WILL BE ON FILE IN THE
February 24, 2004 - 12-
OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
9.B.1. PUBLIC DISCUSSION - CHAIRMAN GINN'S REOUEST TO
DISCUSS GROWTH ISSUES
(CLERK'S NOTE: Item 13.A. was moved to Item 9.13.1. for public discussion.)
Chairman Ginn declared with the accelerated pace in development and the growing
concern of the community to bring growth under control, she felt it necessary to gather as much
information as necessary to implement some interim growth control measures (copy on file) to
protect the way of life that we have learned to enjoy in Indian River County. She spoke with
Community Development Director Robert Keating, Planning Director Stan Boling, County
Attorney William G. Collins, Jr., and Acting County Administrator Joseph Baird while compiling
the information. Her proposal was handed out at the meeting. She read the items as follows:
"INTERIM GROWTH CONTROL MEASURES
There is nothing Draconian about the growth control measures listed below. It is not
a ban on building permits; it is not a ban on construction.
No new preliminary plat applications for subdivisions above 3 units per acre
will be accepted during the interim growth control period.
2. No new site plans for residential, including multiple family development,
over 3 units per acre, will be accepted during the interim growth control
period.
3. No new residential rezoning applications will be accepted until the
Comprehensive Plan is updated, reviewed and approved by the Board of
County Commissioners and the State Department of Community Affairs.
February 24, 2004 - 13 -
"EXEMPTIONS:
4. No new or substantial deviation modifications to Developments of Regional
Impacts (DRI's) will be accepted during the interim growth control period.
Minor amendments will be accepted, as long as there are no increases in the
number of units.
5. 2030 Long Range Transportation Plan and Growth Review: It is anticipated
by staff that the County will need 18 months to complete the review of the
Growth and Transportation sections of the 2030 LRTP, and to complete the
Comprehensive Plan Amendment process. There is a possibility that this
process could be completed earlier, IF the visioning process tells us no
changes are necessary to the Comp Plan.
6. School Concurrency: No action necessary. Our joint meeting between the
County, Municipalities, and the School Board did not provide any definitive
results. However, the current Interlocal Agreement with the School District
seems adequate, and some called adding School Concurrency, "another layer
of unnecessary bureaucracy."
1. Affidavits of Exemption (Usually 1 unit per 5 acres).
2. Planned Developments/Special Exception PD's (All PD's are legislative, and
the Board of County Commissioners can approve or disapprove them).
3. Any construction under contract.
4. Any construction in progress.
5. Any development applications, which are within approved, conceptual
planned development projects.
6. Site plans for duplexes and triplexes on platted lots of record."
Commissioner Macht addressed the date of February 12 on the memorandum.
February 24, 2004 - 14-
Chairman Ginn clarified that was the date when she started preparing her
information. She gave her word that this was the first time that anybody is reading or seeing this
information.
Vice Chairman Neuberger was interested in hearing the opinions of the public.
Commissioner Lowther appreciated this matter being moved to a public discussion
item. He felt they needed to schedule a workshop, not only in the morning, but also in the evening
to have additional public input.
Chairman Ginn agreed. She said the Planning and Zoning Commission was willing
to work with them.
The Chairman said although this is not a public hearing if anyone wishes to be heard
with regard to this matter, they may speak at this time.
The following people (15) spoke in favor of the listed measures:
John Williams, 1535 Smugglers Cove
William Green, 72 N. Oak, Fellsmere
Dr. Richard Baker, 10305 130th Avenue
Jackie James, 12820 82nd Court, Sebastian
Irene Bush, 13370 Old Dixie Highway, Roseland
George Christopher, 945 Painted Bunting Lane
Grant Withers, 67 Cache Cay Drive
Carol Webb, 911 Lady Bug Lane
Ed Llerena, 924 Riomar Drive
William Glynn, 1802 Barefoot Place
Hugh Beath, 986 Riomar Drive
Don Rice, 908 Coquina Lane
February 24, 2004 - 15 -
Karen Able, 909 Segrett Lane
Toni Robinson, 1111 Indian Mound Trail
Renee Renzi, 340 A Waverly Place
The following people spoke in opposition:
George Beuttell, 5000 161h Street
Allen Green, 8030 981h Avenue
Maria Calderone, 162 Anchor Drive
Ralph King, 1506 W. Camino Del Rio
Chip Landers, 1636 51st Court
James Dudley, 2158 Avenue
Robert Swift, 5450 Glendale Road
Tim Zork, 4415 51h Place SW
Penny Chandler, Indian River County Chamber of Commerce
(CLERK'S NOTE: The Chairman called for a brief recess at 10:58 a.m. and the
meeting reconvened at 11:05 A.M. with all members present.)
The following people spoke but remained neutral:
Mark Brackett, 1915 341h Avenue
Deborah Ecker, 550 Riomar Drive
Joseph Paladin, 6830 AIA, Sebastian
Milton Thomas, 686 Glenview Terrace
February 24, 2004 - 16-
MOTION WAS MADE by Commissioner Lowther,
SECONDED by Commissioner Neuberger, to
schedule a workshop.
Discussion continued.
Commissioner Neuberger said he was 65% to 70% in favor of the proposal, however
he wanted to hear more. He suggested that the debate be limited to shorten the meeting and
schedule more meetings.
Commissioner Lowther said he resides in the south county area where most of the
development is taking place. There are a number of good things that he recognized in the proposal
and they definitely need to review the plan.
Commissioner Macht said the Comprehensive Plan has been battered around in this
public hearing saying that it is archaic. He explained all zoning has a range "up to" that is
authorized. He believes the Bert Harris Act relies on obtaining the maximum zoning allowed in an
area. That act destroyed the Board's right to deal with the "up to" factor, and that is what is wrong
with the Comprehensive Plan. He felt the Bert Harris Act needs to be repealed. He commented on
the height issue saying that a referendum could lock in the height restriction to 35' whenever it is
designed for human occupancy of any kind, and it would take another referendum to overturn it.
All danger of it ever being breached would dissipate.
Chairman Ginn added that the Bert Harris Act says the only thing that has value is
money, and she believes we have many other things that are very valuable.
The Chairman called the QUESTION and the motion carried unanimously. (The
Board deferred any action until after the workshops are scheduled.)
(CLERKS NOTE: The Chairman called a brief recess at 12:36 p.m. and
reconvened the meeting at 12:46 p.m. with all members present.)
February 24, 2004 - 17-
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, the Board
unanimously approved to hold a Special Meeting
from 6:00 p.m. to 9:00 p.m. on Monday, March 8,
2004, at the Sebastian River High School auditorium,
and another public discussion during the regular
Board Meeting on Tuesday, March 9, 2004 at 9:00
a.m.
11.A.1. HOUSING REHABILITATION COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) - GIFFORD -
WAIVER OF CONFLICT FOR DAVID AND MARY ROBERTS;
CHRISTINE BRYANT; MILDRED WALLACE; AND TERRY
WILLIAMS - ROBERTS AND BRYANT BIDS TO MEYERS
CONSTRUCTION, KING BID TO TURNER CONSTRUCTION
- FRED FOX, ENTERPRISES INC. - DEPARTMENT OF
COMMUNITY AFFAIRS
MOTION WAS MADE by Commissioner Adams,
SECONDED by Commissioner Lowther, to approve
staff's recommendation.
Community Development Director Robert Keating introduced Consultant David
Fox, Fred Fox Enterprises Inc., to explain additional items that needed to be added into the record.
February 24, 2004 - 18 -
Mr. Fox said the CDBG Citizen's Advisory Task Force (CATF) had some members
that were related to some of the applicants that applied. He named each applicant separately and
asked for a separate vote for each.
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, the Board
unanimously approved the waiver of conflict of
interest from the Department of Community Affairs
for CATF member Joe Idlette, due to family
relationship (cousin) with applicant David and Mary
Roberts and approved said applicant, contingent
upon waiver approval from the DCA, as
recommended in the memorandum dated February
12, 2004.
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, the Board
unanimously approved the waiver of conflict of
interest from the DCA for CATF member Joe Idlette,
due to family relationship (cousin) with applicant
Christine Bryant and approved said applicant,
contingent upon waiver approval from the DCA, as
recommended in the memorandum dated February
12, 2004.
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Adams, the Board
February 24, 2004 - 19-
unanimously approved the waiver of conflict of
interest from the DCA for CATF member Joe Idlette,
due to family relationship (cousin) with applicant
Mildred Wallace and approved said applicant,
contingent upon waiver approval from the DCA, as
recommended in the memorandum dated February
12, 2004.
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Adams, the Board
unanimously approved the waiver of conflict of
interest from the DCA for CATF member Effie Lyle,
due to family relationship (sister) with applicant
Terry Williams and approved said applicant,
contingent upon waiver approval from the DCA, as
recommended in the memorandum dated February
12, 2004.
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Neuberger, the
Board unanimously approved the additional 25
applicants on the applicant list that do not have
conflicts of interest, for a total of 29 applicants in the
order as ranked, as recommended in the
memorandum dated February 12, 2004.
February 24, 2004 -20-
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Adams, the Board
unanimously approved the following bids: 1) Roberts
to Meyers Construction for the bid amount of
$34,749.00; 2) Bryant to Meyers Construction for
the bid amount of $21,341.00; and 3) King to Turner
Construction for the bid amount of $17,285.00, all as
recommended in the memorandum dated February
12, 2004.
11.I.1. 43" AVENUE FIVE -LANE WIDENING PROJECT UPDATE -
DISCUSSION BY ROY HIRSCHFELD, MIKE DURWIN AND
MARGARET S. "PEGGY" SCOTT
Public Works Director James Davis gave an update on the 43rd Avenue five -lane
widening project using a Powerpoint presentation (copy on file). He presented the history and the
need for the roadway widening, the proposed improvements and the work accomplished to date.
He continued with the future schedule saying they should commence construction in January 2005,
and it will take 14 months to complete. Due to the fact that some of the work is already
accomplished, the timeframe may be shortened.
Director Davis responded to questions by the Commissioners stating that 80 feet of
right-of-way will accommodate five lanes. Currently the 43rd Avenue section between 161h Street
and SR -60 is at LOS -E, which is over capacity, and the remaining portions are near LOS -D.
(CLERK'S NOTE: The Chairman allowed people to speak on this issue, although
it is not a public hearing.)
February 24, 2004 -21 -
Robert Johnson, 535 391h Court SW, said the public meetings held in 1998 were
on the I" phase of construction and it has not been completed all the way to the county line as
proposed.
Director Davis stated that the construction was discontinued until the Dodger
development solidified. Phase 1 ends at 81h Street to the south.
Mr. Johnson felt that five -lanes was basically running a highway through a
residential neighborhood, and he had two concerns regarding this project. There have not been any
public hearings, and he asked for a full media presentation and workshop forum before the county
issues construction bids. Secondly, if they do not hold public hearings, he asked that the project be
modified to three lanes.
Sherrie Verhoeven, 4340 2nd Square SW, said a five -lane roadway is a huge quality
of life issue. She has three children and fears for their safety when they have to cross a five -lane
roadway to visit their friends. She felt the 1987 recommendation to widen 43rd Avenue to
three -lanes in phases was feasible. She felt we made a huge leap in 1995 when it was recommended
to widen 43rd Avenue to five lanes when the 1987 plans were not completed. She continued saying
that she went to Traffic Engineer Chris Mora regarding having the speed limit lowered to slow
down dump trucks traveling at 45-50 mph. He told her if 20% of the traffic drives over the posted
speed limit then that is an acceptable speed limit. If 20% drive under the posted speed limit then it
would be lowered. She felt that is an illogical study. She asked the Board to think about the whole
widening project and to complete the plan of 1987.
Margaret S. "Peggy" Scott, 4610 91h Place, asked the Board to consider the
children walking and riding their bicycles on 43rd Avenue, the residents accessing the roadway from
their property, and the school and church traffic. She felt three lanes would be sufficient. She also
suggested that the money saved by widening only to three lanes could be used to develop a separate
truck route.
February 24, 2004 -22-
Michael C. Erwin, 585 43rd Avenue, spoke in opposition to the five -lane widening
of 43rd Avenue.
Roy Hirschfeld, 4055 121h Street, was opposed to the widening of 43rd Avenue to
five lanes. He felt it would develop into another Highway 1. He covered the elements involved
in accomplishing the five -lane project and suggested revising the present plan to three lanes. The
money saved could be spent to extend 581h Avenue to the county line, and to ask St. Lucie County
to pay their share.
Chairman Ginn had several questions which Director Davis responded to advising
the Board that the landscaping will not be in the right-of-way, but will be along the corridor. They
have met with each resident and explained the plans and received good response over the last two
years.
area.
Chairman Ginn said she did not want to see a five -lane cement corridor through this
Commissioner Lowther agreed.
Commissioner Neuberger felt that sidewalks make a big difference as far as children
are concerned and he said this project was necessary.
Commissioner Adams felt they needed to decide if they are going to accept level of
service -E and live with it.
NO ACTION TAKEN OR REQUIRED.
11.11. VERO LAKE ESTATES SUBDIVISION WATER SERVICE -
IRC PROJECT NO. UCP 2381
Assessment Projects Manager Dan Chastain reviewed the information provided in
the backup explaining it is our responsibility to reduce potential health hazards by providing water
February 24, 2004 -23-
service at Vero Lake Estates Subdivision, and to develop it according to the Comprehensive Plan.
Environmental Health Department Director Cheryl Dunn reviewed the number of
building permits issued since 1998 in the subject area and explained that it is anticipated we will
exceed the Comprehensive Plan for the county in 2010 by this subdivision alone. She addressed
concerns such as density and the high failure rate of septic systems in the area. She mentioned a
number of problems septic systems cause to a community. Just by providing county water they are
reducing health risks but not eliminating them. Successful water and sewer projects are those that
are installed prior to development and the cost is usually added to the cost of the home and, since
the roads are not paved, the cost can be reduced. She sees this area is experiencing exponential
growth and she recommends that the Board consider installing both water and sewer.
systems.
Chairman Ginn wondered why we are not considering both water and sewer
Mr. Chastain agreed that the ideal time to put in water and sewer is when the project
is being developed, but cost is now a great consideration. He mentioned several projects in the past
where large numbers of residents opposed the projects due to the cost. He said the homeowners
have been assuming for years that they are getting county water and he asked the Board for approval
to move forward with this project.
MOTION WAS MADE by Commissioner
Neuberger, SECONDED by Commissioner Lowther,
to approve staff's recommendation, and also to
consider the sewer system at the same time.
There was a brief question and answer period covering what it entails to run water
and sewer systems to a site simultaneously.
February 24, 2004 -24-
Utilities Director Erik Olson agreed now is the appropriate time to implement both
projects and he suggested putting together cost estimates for the sewer system for the Board's
review.
MOTION WAS AMENDED by Commissioner
Neuberger to proceed with the water service project
and have staff bring back cost estimates on the sewer
system.
The CHAIRMAN CALLED THE QUESTION and
the amended motion carried unanimously, as stated
above.
Discussion continued.
Commissioner Adams said they investigated a Vero Lake Estates assessment in
1994/95 and it was not well received. She told the Board they need to decide what is important and
be prepared if the residents do not want the service. She felt that they should look at ways to make
the package more attractive such as check into grants and creative financing for the residents.
Discussion ensued and several commissioners wanted to ensure that the residents
were given sufficient notice and information to voice their opinion regarding the assessments. Mr.
Chastain recommended preparing a cost estimate for review and then notifying the owners by letter
of the informal information meetings that will be held preceeding the public hearings.
B.A. CHAIRMAN CAROLINE D. GINN - DISCUSSION OF
GROWTH ISSUES
(CLERK'S NOTE: Item 13.A was moved to Item 9.13.1 for public discussion.)
February 24, 2004 -25-
13.B. VICE CHAIRMAN ARTHUR R. NEUBERGER - UPDATE ON
SCHOOL READINESS COALITION -NAME CHANGE TO
EARLY LEARNING COUNCIL
Commissioner Neuberger advised that a bill has been introduced that is going to
change the School Readiness Coalition from a local, county wide group to a four -county area and
the name will change to The Early Learning Council.
Chairman Ginn commented that it took many meetings to put this together. The
partnership in Tallahassee never functioned well. Our county has done a great job. Obviously we
were very careful in what we did with our dollars while others were not so careful. She believes the
program will be disbanded.
Commissioner Neuberger said at the Hospital District Board of Trustees meeting
on February 24, 2004 they almost extended their lease for fifteen years by one vote.
14.A. EMERGENCY SERVICES DISTRICT
None.
14.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the regular meeting
of the Board of County Commissioners the Board would reconvene as the Board of Commissioners
of the Solid Waste Disposal District Board. Those Minutes are being prepared separately and are
appended to this document.
14.C. ENVIRONMENTAL CONTROL BOARD
None.
February 24, 2004 -26-
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 2:30 p.m.
ATTEST:
Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman
Minutes Approved:
BCC/MIS/3004Minutes
February 24, 2004 -27-