HomeMy WebLinkAbout3/4/2003INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MARCH 4, 2003
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
5.A. Proclamation Designating March 9 through 16, 2003 as Pelican Island Week....................................2
5.13. Proclamation Designating the Month of March, 2003 as American Red Cross Month........................3
5.C. Proclamation Designating March 3-9, 2003 as Mentally Handicapped Week (Knights of Columbus
TootsieRoll Drive)..................................................................................................................................4
6. APPROVAL OF MINUTES......................................................................................4
6.A. Approval of Minutes of Regular Meeting of February 4, 2003.............................................................4
6.13. Approval of Minutes of Special Meeting of February 4, 2003...............................................................4
6.C. Approval of Minutes of Regular Meeting of February 11, 2003...........................................................5
MARCH 4, 2003 1
7. CONSENT AGENDA...............................................................................................5
7.A. List of Warrants..................................................................................................................................... 5
7.B. List of Warrants..................................................................................................................................... 5
7.C. Metropolitan Planning Organization Citizens Advisory Committee (MPO CAC) - Appointment of
MarcBauer.............................................................................................................................................6
7.1). Metropolitan Planning Organization — Appointment of Mayor Walter Barnes as Chairman and John
McCantsas Vice Chairman....................................................................................................................6
7.E. Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy
Committee — Appointment of Bruce Deary as the District 2 Representative ........................................ 6
7.F. Utilities Advisory Committee Resignation — Adam Kubik.................................................................... 7
7.G. Metropolitan Planning Organization Citizen Advisory Committee (MPO CAC) Resignation —
Brendan Yates, Town of Indian River Shores....................................................................................... 7
7.14. Out -of -County Travel — Commissioner Ginn — Evaluation of Other Counties' Programs Regarding
EmergencyManagement Services......................................................................................................... 7
7.I. Out -of -County Travel — Assigned Committee Meetings for all Commissioners ................................... 8
7.J. Jungle Trail Shoreline Stabilization — Carter Associates, Inc. — Release of Retainage ........................ 8
7.K. Bid #5044 — Annual Bid for Corrugated Steel and Aluminum Pipe — Metal Culverts, Inc .................. 8
7.L. Bid #5035 — Corrugated Aluminum Pipe — HydroConduit Corp.......................................................... 8
7.M. Bid #5039 — Semi -Annual Bid for Bulk Salt — Morton Salt...................................................................9
7.N. Investment Advisory Committee — 4t" Quarter of 2002 Report............................................................. 9
7.0. Professional Services Advisory Committee (PSAC) — Appointment of Robert Brackett to replace
DavidHankle..........................................................................................................................................9
MARCH 4, 2003 2
7.P. Resolution 2003-022 Releasing Certain Easements on Lots 7 Through 13, Block E, Oslo Park
Subdivision, Unit 1 — Peter Frank (835 101h Court SW)......................................................................10
7.Q. Sheriffs Marine Unit — Florida Inland Navigational District (FIND) Grant for FY 2003-04 ($12,467)—
Purchase of Yamaha Outboard Motor.................................................................................................10
7.R. Utilities Advisory Committee — Appointment of David Clayton as District 4 Representative to Replace
AdamKubik.........................................................................................................................................10
7.S. Resolution 2003-023 Declaring Default by Torwest, Inc. dba Windsor Properties, a Florida General
Partnership, In Its Obligation to Construct Required Subdivision Improvements and Authorizing
Staff to Make Sight Draft Against First Union National Bank (Wachovia) Irrevocable Standby Letter
of Credit No. SM419435C Dated December 17, 2001, As Amended (Windsor Plat 23 PD)...............11
7.T.
W-in-te 141--st Central Village C----traet -for- Required Mm-di-wati-M-s t --
Resolution 2003-024 Declaring Default by Pointe West of Vero Beach, Ltd, a Florida Limited
Partnership, In Its Obligation to Construct Required Subdivision Improvements and Authorizing
Staff to Make Sight Draft Against Fidelity Federal Bank & Trust Irrevocable Letter of Credit No.
295-74902 Dated March 7, 2001 (Pointe West Central Village Phase 2) ............................................11
7.U. Florida Agency for HealthCare Administration — Medicaid Program Contract for Health Care
Administration......................................................................................................................................12
7.V. Flinchum-Schlitt Development, LLC - Final Plat Approval for Private Road to be Known as 3rd Place
SW(The Farms)...................................................................................................................................12
7.W.......................................................................................12
9.A.1. PUBLIC HEARING - RESOLUTION 2003-025 CONFIRMING THE SPECIAL
ASSESSMENTS IN CONNECTION WITH WATER MAIN EXPANSION TO
WHIPPOORWILL ESTATES SUBDIVISION, LOCATED ON 62ND COURT
SOUTH OF 45TH STREET IN INDIAN RIVER COUNTY....................................13
MARCH 4, 2003
9.A.2. PUBLIC HEARING - ORDINANCE 2003-007 AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR 8.2 ACRES
LOCATED AT THE NORTHWEST CORNER OF 85TH STREET AND 55TH
AVENUE FROM CL, LIMITED COMMERCIAL, TO CH, HEAVY COMMERCIAL
DISTRICT (ELSON SMITH)...............................................................................14
9.A.3. PUBLIC HEARING - ORDINANCE 2003-008 AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR 40.3 ACRES
LOCATED BETWEEN 26TH STREET AND INDIAN RIVER MALL FROM A-1,
AGRICULTURAL DISTRICT (UP TO 1 UNIT/5 ACRES), RM -6,
MULTIPLE -FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE) AND
RS -6, SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE) TO
RM -8, MULTIPLE -FAMILY RESIDENTIAL DISTRICT (UP TO 8 UNITS/ACRE)
(SIMON PROPERTY GROUP)...........................................................................14
9.13.1. PUBLIC DISCUSSION ITEM- BRIAN T. HEADY- EXPENDITURE OF TAX
DOLLARS..........................................................................................................17
9.13.2. PUBLIC DISCUSSION ITEM - BRUCE ANDERSON, PRESIDENT OF LOCAL
2201, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) - ISSUES
INVOLVING FIREMEDICS BEING ABLE TO TRAIN ON COUNTY
AMBULANCES WITH NATIONAL REGISTRY CERTIFICATION .....................17
MARCH 4, 2003 4
9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON MARCH 11,
2003................................................................................................................... 20
9.C.1. VERO SOUTH PLANNED DEVELOPMENT — REQUEST TO GRANT SPECIAL EXCEPTION
USE APPROVAL TO MODIFY THE VERO SOUTH PD TO PROVIDE A TOTAL OF 22
DWELLING UNITS (10 EXISTING AND 12 PROPOSED) ON 7.50 ACRES AT AN OVERALL
DENSITY OF 2.94 UNITS/ACRE — LOCATED ON THE SOUTH SIDE OF 9TH STREET SW JUST
WEST OF 20TH AVENUE SW (Legislative)........................................................................................20
10. COUNTY ADMINISTRATOR MATTERS -TOURIST DEVELOPMENT COUNCIL
FORMAL GRANT RATING PROCESS.............................................................20
11.G.1. EAST INDIAN RIVER COUNTY MASTER STORMWATER MANAGEMENT
PLAN - WORK ORDER NO. 4 TO PROFESSIONAL SERVICES AGREEMENT
WITH CARTER ASSOCIATES, INC. FOR A PRELIMINARY ENGINEERING
REPORT FOR VORTEX -TYPE TREATMENT UNITS AND FLOATING DEBRIS
BOOMS IN THE MAIN RELIEF CANAL AND THE SOUTH RELIEF CANAL... 21
11.G.2. EAST INDIAN RIVER COUNTY MASTER STORMWATER MANAGEMENT
PLAN - WORK ORDER NO. 3 TO PROFESSIONAL SERVICES AGREEMENT
WITH CARTER ASSOCIATES, INC. FOR THE PRELIMINARY ENGINEERING
REPORT FOR THE SOUTHWEST INDUSTRIAL STORMWATER PARK,
PHASE 1- 4TH STREET AND 74TH AVENUE.....................................................21
11.G.3. MURPHY ACT RESERVATION AND RELEASE MAPPING SERVICES -
BID AWARD AND AGREEMENT FOR RFP #3079 - NICK MILLER, INC........ 22
11.G.4. FLORIDA EAST COAST RAILWAY CROSSINGS -NEW CROSSING AT
53RD STREET - CLOSING OF 71ST STREET CROSSING AND 43RD STREET
CROSSING........................................................................................................22
MARCH 4, 2003
11.G.5. TRILLIUM, A RESIDENTIAL COMMUNITY (GHO VERO BEACH VIII, INC.)
- DEVELOPER'S AGREEMENT (WEST SIDE OF 66TH AVENUE, NORTH OF
26THSTREET).................................................................................................... 23
11.G.6. TEN SQUARE FARMS, LLC RESIDENTIAL COMMUNITY -
DEVELOPER'S AGREEMENT (NORTH OF 4TH STREET AND WEST OF 74TH
AVENUE)...........................................................................................................24
11.1-1.1. CASCADES OF VERO (L.I.F.E., LTD.) - DEVELOPER'S AGREEMENT
FINAL PAY REQUEST - PROJECT COS/CCS 753 .........................................24
11.1-1.2. OAKS OF VERO SUBDIVISION (SDG KINGS, INC.) - DEVELOPER'S
AGREEMENT FOR CONSTRUCTION OF OFF-SITE SANITARY SEWER
FORCE MAIN (NORTH SIDE OF 12TH STREET AT 58TH AVENUE).................24
11.1-1.3. NORTH COUNTY REVERSE OSMOSIS BRINE RELOCATION PROJECT -
(DEPARTMENT OF ENVIRONMENTAL PROTECTION) - PAYMENT
DISBURSEMENT NO. 1 AND REQUEST TO CHANGE AUTHORIZED
REPRESENTATIVE TO ERIK OLSON.............................................................. 25
12.A. COUNTY ATTORNEY - ESTATE OF FRANKLIN S. TAYLOR AND RALPH S.
TAYLOR, PERSONAL REPRESENTATIVE - PROPOSED STIPULATED
SETTLEMENT (LOT 11, BLOCK 9, VERO BEACH ESTATES) ....................... 26
12.13. COUNTY ATTORNEY - BRIAN WEST (WESTCO - SEBASTIAN JOINT
VENTURE) PROPERTY - 10 -FOOT RIGHT-OF-WAY STRIP AT THE
NORTHWEST INTERSECTION OF ROSELAND ROAD AND US#1................26
13.A. CHAIRMAN KENNETH R. MACHT - REPORT ON NATIONAL ASSOCIATION
OF COUNTIES (NACO) CONFERENCE...........................................................28
MARCH 4, 2003 6
13.13. VICE CHAIRMAN CAROLINE D. GINN - REQUEST FOR RESOLUTION TO
ADOPT ENGLISH AS THE OFFICIAL LANGUAGE OF INDIAN RIVER COUNTY
28
14.A. EMERGENCY SERVICES DISTRICT.............................................................29
14.13. SOLID WASTE DISPOSAL DISTRICT...........................................................29
14.C. ENVIRONMENTAL CONTROL BOARD........................................................29
MARCH 4, 2003
March 4, 2003
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,
March 4, 2003, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Caroline D. Ginn, Vice
Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Arthur R. Neuberger.
Also present were James E. Chandler, County Administrator; William G. Collins, Deputy County
Attorney; and Patricia "PJ" Jones, Deputy Clerk.
1. CALL TO ORDER
Chairman Macht called the meeting to order.
2. INVOCATION
Public Works Director Jim Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Ginn led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Macht requested the following changes to today's Agenda:
1. Item 7.T., change title to "Resolution Declaring Default by Pointe West of Vero
Beach, Ltd, a Florida Limited Partnership, in its Obligation to Construct Required
Subdivision Improvements and Authorizing Staff to Make Sight Draft Against
MARCH 4, 2003 1
Fidelity Federal Bank & Trust Irrevocable Letter of Credit No. 295-74902 Dated
March 7, 2001 (Pointe West Central Village Phase 2)".
2. Add Item 7.V., Flinchum-Schlitt Development, LLC — Final Plat Approval for
Private Road to be Known as 3rd Place SW (The Farms).
3. Add eil''��ignatio of County ^ ttemey Paul Rangel. (Withdrawn at the
request of Commissioner Ginn.)
4. � �3 I -G-a;3 ,�ncul ..erg
f=l*d a (Withdrawn by Commissioner Ginn.)
5. Additional backup for Item 12.B., County Attorney — Brian West Property —
10 -Foot Right -Of -Way Strip at the Northwest Intersection of Roseland Road and
US# 1.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Lowther, the Board unanimously made the changes
requested in Items 1, 2, and 5 above to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PROCLAMATIONDESIGNATING MARCH 9 THROUGH I (. 2003 AS PELICAN
ISLAND WEEK
Commissioner Adams read the Proclamation and presented it to Beth Mitchell, Director of
the Sebastian Chamber of Commerce; Paul Tritaik of the Fish and Wildlife Commission; and former
Commissioner Ruth Stanbridge, County Historian.
Beth Mitchell thanked the Board and stated that the upcoming celebration is truly a
community collaboration and noted that Ruth Stanbridge was named as a "Refuge Hero" in 2000.
Ruth Stanbridge mentioned some of the plans for the upcoming celebration and added that
there will be brochures explaining the story of Pelican Island and Paul Kroegel and a plaque will be
installed at Riverview Park to explain Mr. Kroegel's statue. There will be a museum exhibit at the
MARCH 4, 2003 2
North County Library starting March 14 and continuing through May, when the exhibit will be
moved to the Main Library. She noted that thousands are expected to visit the community to join
in the celebration.
Paul Tritaik stated that the community collaboration on this celebration underscores what
is so special about Pelican Island as the refuge was originally started through the efforts of local
citizens. There are a lot of events scheduled for the coming week including a kickoff by the
Environmental Learning Center on Sunday and a Pelican Island Day at Holman Stadium on
Wednesday in partnership with the Dodgers. A commissioner is needed to represent the County on
March 13, Thursday, at the Indian River Mall for a dedication ceremony for a time capsule which
contains items donated by most of the 540 refuges in the nation. Then on March 14 there will be
a ceremony at Riverview Park in Sebastian with speakers from 10 a.m. until 1 p.m. Television
personality Jack Hanna will emcee the festivities and there will be a Theodore Roosevelt
impersonator. There will also be a wildlife exhibit through the weekend. There is very limited
parking at the park so that parking will be reserved for volunteers and vendors. Public parking will
be available at the Sebastian Airport and shuttles will run from there to the Park. The School Board
has been kind enough to donate the use of school buses as shuttles. Chairman Macht
volunteered to officiate at the time capsule dedication and noted that there will be lots of great
things to do. It is a honor for Indian River County to be the location of the first national refuge and
the efforts of all involved are greatly appreciated.
S.B. PROCLAMATIONDESIGNATING THE MONTH OF MARCH. 2003 AS AMERICAN
RED CROSS MONTH
Commissioner Neuberger read the Proclamation and presented it to Sarah Ruwe, Executive
Director of the American Red Cross.
Sarah Ruwe noted that the Red Cross is chartered by Congress but is not federally funded.
During these uncertain times, the Red Cross is the only organization which supplies emergency
correspondence for the members of our armed forces. She asked for continued support from the
community and expressed gratitude for support received. She then invited everyone to a luncheon
to be held on March 25, 2003 at Carrabba's Italian Grill regarding disaster preparedness.
MARCH 4, 2003 3
5.0 PROCLAMATION DESIGNATING MARCH 3-9.2003 AS MENTALLY
HANDICAPPED WEEK (KNIGHTS OF COLUMBUS TOOTSIE ROLL DRIVE)
Commissioner Ginn read the Proclamation and presented it to Michael Harris.
Michael Harris stated that in 1954 the Knights of Columbus were responsible for adding
the words "one Nation under God" to the Pledge of Allegiance. He continued that they have been
holding their Tootsie Roll drive for over 20 years. In the last 3 years, the local chapter has been
number one in collections for the State of Florida because of the wonderful support from the Board
and the community.
6. APPROVAL OF MINUTES
6.A. APPROVAL OF MINUTES OF REGULAR MEETING OF FEBRUARY 4. 2003
The Chairman asked if there were any corrections or additions to the Minutes of the Regular
Meeting of February 4, 2003. There were none.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously approved the
Minutes of the Regular Meeting of February 4, 2003, as written.
6.B. APPROVAL OF MINUTES OF SPECIAL MEETING OF FEBRUARY 4. 2003
The Chairman asked if there were any corrections or additions to the Minutes of the Special
Meeting of February 4, 2003. There were none.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously approved the Minutes of
the Special Meeting of February 4, 2003, as written.
MARCH 4, 2003 4
6.0 APPROVAL OF MINUTES OF REGULAR MEETING OF FEBRUARY ll. 2003
The Chairman asked if there were any corrections or additions to the Minutes of the Regular
Meeting of February 11, 2003. There were none.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously approved the Minutes of
the Regular Meeting of February 11, 2003, as written.
7. CONSENT AGENDA
Commissioner Neuberger requested that Item 7.E. be separated for an introduction.
7.A. LIST OF WARRANTS
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously approved the list
of Warrants as issued by the Clerk to the Board for February 7-13,
2003, as recommended by staff.
7.B. LIST OF WARRANTS
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously approved the list
of Warrants as issued by the Clerk to the Board for February 14-20,
2003, as recommended by staff.
MARCH 4, 2003 5
7.C. METROPOLITAN PLANNING ORGANIZATION CITIZENS ADVISORY COMMITTEE
(MPO CAC) - APPOINTMENT OF MARC BAUER
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously approved the
appointment of Marc Bauer to the Metropolitan Planning
Organization Citizens Advisory Committee, as requested.
7.D. METROPOLITAN PLANNING ORGANIZATION — APPOINTMENT OF MAYOR
WALTER BARNES AS CHAIRMAN AND JOHN MCCANTS AS VICE CHAIRMAN
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously acknowledged the
appointment of Mayor Walter Barnes as Chairman and John
McCants as Vice Chairman of the Metropolitan Planning
Organization.
7.E. TREASURE COAST REGIONAL PLANNING COUNCIL COMPREHENSIVE
ECONOMIC DEVELOPMENT STRATEGY COMMITTEE —APPOINTMENT OF
BRUCE DEARYAS THE DISTRICT 2 REPRESENTATIVE
Commissioner Neuberger introduced Bruce Deary.
Mr. Deary stated that he was born in South Africa and came to the United States in 1982,
where he lived in Stuart for 18 years. He moved to Vero Beach 4 years ago and works as a business
broker covering Indian River, St. Lucie and Martin Counties.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board unanimously approved the appointment of
Bruce Deary as the District 2 representative to the Treasure Coast Regional
Planning Council Comprehensive Economic Development Strategy
Committee, as requested.
MARCH 4, 2003 6
7.F. UTILITIES ADVISORY COMMITTEE RESIGNATION — ADAM KUBIK
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously accepted, with
regret, the resignation of Adam Kubik from the Utilities Advisory
Committee, as requested.
7.G. METROPOLITAN PLANNING ORGANIZATION CITIZENADVISOR Y COMMITTEE
(MPO CAC) RESIGNATION — BRENDAN YATES. TOWN OF INDIAN RIVER
SHORES
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously accepted, with
regret, the resignation of Brendan Yates, as requested.
7.11. OUT -OF -COUNTY TRAVEL — COMMISSIONER GINN — EVALUATION OF OTHER
COUNTIES' PROGRAMS REGARDING EMERGENCYMANAGEMENT SERVICES
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously approved
out -of -County travel for Commissioner Ginn to evaluate other
counties' programs regarding Emergency Management Services, as
recommended by staff.
MARCH 4, 2003 7
U OUT -OF -COUNTY TRAVEL —ASSIGNED COMMITTEE MEETINGS FOR ALL
COMMISSIONERS
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously approved
out -of -County travel for all commissioners to attend assigned
committee meetings, as recommended by staff.
7.J. JUNGLE TRAIL SHORELINE STABILIZATION— CARTER ASSOCIATES. INC —
RELEASE OF RETAINAGE
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously approved release
of retainage in the amount of $2,700 for Carter Associates, Inc., as
recommended by staff.
7.K. BID #5044 —ANNUAL BID FOR CORRUGATED STEEL AND ALUMINUM PIPE —
METAL CULVERTS, INC
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously awarded Bid
45044 to Metal Culverts, Inc. in the amount of $81,092.22 , as
recommended by staff.
U. BID #5035 — CORRUGATED ALUMINUM PIPE — HYDROCONDUIT CORP.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously awarded Bid
45035 to HydroConduit Corp. in the amount of $26,755, as
recommended by staff.
MARCH 4, 2003
7.M. BID#5039—SEMI-ANNUALBIDFORBULKSALT—MORTONSALT
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously awarded Bid
45039 to Morton Salt in the amount of $52. per ton, as
recommended by staff.
7.N. INVESTMENT ADVISORY COMMITTEE — 4TH OUARTER OF 2002 REPORT
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously accepted the
report as written.
7.0. PROFESSIONAL SERVICES ADVISORY COMMITTEE (PSA 0 — APPOINTMENT OF
ROBERT BRACKETT TO REPLACE DAVID RANKLE
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously approved the
appointment of Robert Brackett to the Professional Services
Advisory Committee to replace David Hankle, as recommended by
staff.
MARCH 4, 2003 9
7.P. RESOLUTION2003-022 RELEASING CERTAINEASEMENTS ONLOTS 7
THROUGH 13, BLOCKE, OSLO PARK SUBDIVISION, UNIT I —PETER FRANK
(835 LOTH COURTSW)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously adopted
Resolution 2003-022 releasing certain easements on Lots 7 through
13, Block E, Oslo Park Subdivision, Unit 1 (Peter Frank — 835 1 01
Court SW).
7.0. SHERIFF'S MARINE UNIT— FLORIDA INLAND NAVIGATIONAL DISTRICT
(FIND) GRANT FOR FY 2003-04 ($12.467)- PURCHASE OF YAMAHA
OUTBOARD MOTOR
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously approved the
application and authorized the Chairman to execute same, as
requested.
UNNUMBERED RESOLUTION FOR ASSISTANCE IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.R. UTILITIES ADVISORY COMMITTEE — APPOINTMENT OF DAVID CLAYTONAS
DISTRICT 4 REPRESENTATIVE TO REPLACE ADAM KUBIK
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously approved the
appointment of David Clayton as the District 4 Representative to
replace Adam Kubik, as recommended by staff.
MARCH 4, 2003 10
7.S. RESOLUTION 2003-023 DECLARING DEFA UL T B Y TOR WEST. INC DBA
WINDSOR PROPERTIES, A FLORIDA GENERAL PARTNERSHIP, INITS
OBLIGATION TO CONSTRUCT REQUIRED SUBDIVISION IMPROVEMENTS AND
A UTHORIZING STAFF TO MAKE SIGHT DRAFT A GAINST FIRST UNION
NATIONAL BANK (WACHOVIA) IRREVOCABLE STANDBYLETTER OF CREDIT
NO. SM4I9435C DATED DECEMBER 17.2001, AS AMENDED (WINDSOR PLAT
23 PD)
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously adopted Resolution 2003-023
declaring default by Torwest, Inc. dba Windsor Properties, a Florida
General Partnership, in its obligation to construct required subdivision
improvements and authorizing staff to make sight draft against First Union
National Bank (Wachovia) Irrevocable Standby Letter of Credit No.
SM419435C dated December 17, 2001 (Windsor Plat 23 PD).
7 T D�rrrmr ii7r nm/r rrmn r i�rr r .� r /�rrmn �m r.�n Dr �r rnr r. Tarnn�r r arr rrmc
I AT" 31""r17r/..'/•r/lATV w -,Q D,Qc!w- -n Cy4-rTorw-VRESOLUTION2003-024
DECLARING DEFAULT BYPOINTE WEST OF VERO BEACH. LTD. A FLORIDA
LIMITED PARTNERSHIP, INITS OBLIGATION TO CONSTRUCT REQUIRED
SUBDIVISION IMPROVEMENTS AND AUTHORIZING STAFF TO MAKE SIGHT
DRAFT AGAINST FIDELITY FEDERAL BANK & TRUST IRREVOCABLE LETTER
OF CREDIT NO.295-74902 DATED MARCH 7. 2001 (POINTE WEST CENTRAL
VILLAGE PHASE 2)
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously adopted Resolution 2003-024
MARCH 4, 2003 11
declaring default by Pointe West of Vero Beach, Ltd., a Florida Limited
Partnership, in its obligation to construct required subdivision
improvements and authorizing staff to make sight draft against Fidelity
Federal Bank & Trust Irrevocable Letter of Credit No. 295-74902 dated
March 7, 2001 (Pointe West Central Village Phase 2).
DOCUMENTATION IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
7.U. FLORIDA AGENCY FOR HEALTHCARE ADMINISTRATION — MEDICAID
PROGRAM CONTRACT FOR HEALTH CARE ADMINISTRATION
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously authorized the Chairman to execute the
Florida Agency for Healthcare Administration Medicaid Program Contract
for health care administration, as requested.
DATA SHARING AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.V FLINCHUM-SCHLITT DEVELOPMENT. LLC - FINAL PLAT APPROVAL FOR
PRIVATE ROAD TO BE KNOWN AS 3RDPLACE SW (THE FARMS)
r
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously granted final plat approval for the
private road right-of-way to be known as 3rd Place SW, as recommended
by staff.
Withdrawn.
MARCH 4, 2003 12
9.A.I.PUBLIC HEARING - RESOLUTION 2003-025 CONFIRMING THE
SPECIAL ASSESSMENTS IN CONNECTION WITH WATER MAIN
EXPANSION TO WHIPPOORWILL ESTATES SUBDIVISION,
LOCATED ON 62ND COURT SOUTH OF 45TH STREET IN INDIAN
RIVER COUNTY
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Assessment Project Manager Dan Chastain briefly reviewed the project.
The Chairman opened the public hearing and asked if anyone wished to be heard regarding
this matter. There being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Lowther, the Board unanimously adopted Resolution
2003-025 confirming the special assessments in connection with
water main expansion to Whippoorwill Estates Subdivision located
on 62nd Court south of 45th Street in Indian River County
(Preliminary Assessment Resolution III).
MARCH 4, 2003 13
9.A.2. PUBLIC HEARING - ORDINANCE 2003-007 AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP
FOR 8.2 ACRES LOCATED AT THE NORTHWEST CORNER OF
85TH STREET AND 55TH AVENUE FROM CL, LIMITED
COMMERCIAL, TO CH, HEAVY COMMERCIAL DISTRICT
(ELSON SMITH)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating used a PowerPoint presentation (COPY
ON FILE WITH THE BACKUP FOR TODAY'S MEETING) to review the project for the Board.
Commissioner Adams questioned whether this property is located on the sand ridge, and
Director Keating responded that it is.
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 Lowther, SECONDED by
Commissioner Neuberger, the Board unanimously adopted
Ordinance 2003-007 amending the Zoning Ordinance and the
accompanying Zoning Map for 8.2 acres located at the northwest
corner of 851'' Street and 551'' Avenue from CL, Limited Commercial,
to CH, Heavy Commercial District (Elson Smith).
9.A.3. PUBLIC HEARING - ORDINANCE 2003-008 AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP
FOR 40.3 ACRES LOCATED BETWEEN 26TH STREET AND INDIAN
RIVER MALL FROM A-1, AGRICULTURAL DISTRICT (UP TO 1
MARCH 4, 2003 14
UNIT/5 ACRES), RM -6, MULTIPLE -FAMILY RESIDENTIAL
DISTRICT (UP TO 6 UNITS/ACRE) AND RS -6, SINGLE-FAMILY
RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE) TO RM -8,
MULTIPLE -FAMILY RESIDENTIAL DISTRICT (UP TO 8
UNITS/ACRE) (SIMON PROPERTY GROUP)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating used a PowerPoint presentation (COPY
ON FILE WITH THE BACKUP FOR TODAY'S MEETING) to review the project for the Board.
Commissioner Ginn felt the density was too high and stated she could vote for RM -6 but not
for RM -8.
Commissioner Neuberger questioned whether this parcel will have direct access to the
Indian River Mall property, and Director Keating responded that there is not yet a finalized site plan
but allowances were provided when the Mall was developed.
Commissioner Neuberger then questioned whether Riviera Estates would be able to
connect, and Director Keating responded that would be possible only if this were a single-family
project with private roads.
Director Keating continued that at the time of site plan approval a traffic calming study will
be performed.
Chairman Macht agreed that the intensity of the zoning was too high. He felt that the
transition would be rather severe adjacent to an established single-family residential development
and agreed that he could only support a zoning of RM -6.
The Chairman then opened the public hearing and asked if anyone wished to be heard
regarding this matter.
Bruce Barkett, attorney for the applicant, pointed out that 261'' Street is programmed for
4-laning in the future and the zoning already supports multi -family zoning to the east of this site.
He felt, from a planning perspective, this would be a very appropriate transition area. This will be
next to the Indian River Commons, Ryanwood, Wal-Mart, and Sam's. Schools and the junior
MARCH 4, 2003 15
college are already there. P&Z and staff are supporting the project as presented and it is consistent
with the County's Comprehensive Plan. Buffers for Riviera Estates will be addressed at the time of
site plan approval and will be much more intense because of the multi -family zoning than if the
project were zoned single-family.
Brian Heady, Vero Beach, expressed his concerns regarding the loss of agricultural lands
and the density of the zoning. He asked the Board to consider that there would be an additional 300
to 400 residential units hooking up to water, sewer and utilities. He expressed concern about the
lack of available water and mentioned that areas in the southern part of the State have already had
to restrict water consumption. This development does not seem well-advised when you consider
the extra runoff into the Indian River Lagoon that will be created.
In response to questioning from Commissioner Ginn, Deputy County Attorney Collins
explained that the requested zoning is consistent with the land use and emphasized that when the
applicant has shown that his project is consistent with the Comprehensive Plan, the burden then
shifts to the Board to explain granting less density than the maximum allowed.
Attorney Barkett noted that buffering for Riviera Estates will be included in the site plan
although only a small percentage will be adjacent to the multi -family housing. He felt that would not
justify denying the rezoning.
Commissioner Ginn noted that she realized that 261'' Street is included in the 20 -year traffic
planning but there is no specific engineering or other work underway at this time.
Director Keating stated that traffic analysis shows that there is adequate traffic capacity at
this time for the development.
Chairman Macht felt the interface between the zoning districts is a very abrupt change in
density and, in his opinion, the project fails on compatibility.
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 Adams, SECONDED by
Commissioner Lowther, the Board, by a 3-2 vote (Chairman Macht
and Commissioner Ginn opposed) adopted Ordinance 2003-008
amending the Zoning Ordinance and the accompanying Zoning Map
MARCH 4, 2003 16
for 40.3 acres located between 261'' Street and Indian River Mall,
from A-1, Agricultural District (up to 1 unit/5 acres), RM -6,
Multiple -Family Residential District (up to 6 units/acre) and RS -6,
Single -Family Residential District (up to 6 units/acre); to RM -8,
Multiple -Family Residential District (up to 8 units/acre) (Simon
Property Group).
9.B.1. PUBLIC DISCUSSION ITEM - BRIAN T. HEADY - EXPENDITURE
OF TAX DOLLARS
Brian Heady, Vero Beach, showed pictures from a trip he took to the sand replacement
project (CLERK'S NOTE: No photographs were supplied to the Clerk). He felt the sand is being
piled up and pushed back behind and over the vegetation. He expressed his displeasure with a Great
Lakes company plowing over the existing vegetation and dunes which are protected under Florida
Statutes. If private property owners feel the need to protect their beachfront properties, they should
put sand and vegetation in front of their dwellings. He also noted that he had sent each of the
Commissioners a letter regarding building the joint fueling facility in close proximity to wells which
are supplying drinking water.
NO ACTION REQUIRED OR TAKEN.
9.B.2. PUBLIC DISCUSSION ITEM - BRUCE ANDERSON, PRESIDENT
OF LOCAL 2201, INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS (IAFF) - ISSUES INVOLVING FIREMEDICS
BEING ABLE TO TRAIN ON COUNTY AMBULANCES WITH
NATIONAL REGISTRY CERTIFICATION
Bruce Anderson, President of Local 2201, IAFF, 926 281'' Avenue, introduced Fire
Lieutenant Rod Johnston who is a 19 -year veteran of the fire department and a nationally registered
paramedic and EMT, Florida State certified. He explained that Lieutenant Johnston could possibly
answer some questions and assist with documentation. He wanted to alleviate the Board's concerns
by clarifying the issues involved in the current controversy. The national certification expires the
31st of March and the firefighters who are nationally certified must be able to assist at a scene under
MARCH 4, 2003 17
the supervision of paramedics. They are not asking for equipment for the trucks and are not trying
to reopen the contract negotiations. They do agree with the staff recommendation and will attempt
to explain the curriculum differences between the national and the State certifications. Indian River
Community College has an excellent program and their training is within 100 hours of the national
registry training required. However, there is a drastic difference in the testing process for the
certifications.
Mr. Anderson passed out a handout (COPY ON FILE WITH THE BACKUP FOR
TODAY'S MEETING) explaining the requirements for National Registry certification and noted
that the National Registry certification is recognized by the State of Florida which then
automatically issues a State certification. Almost half of the applicants for certification fail the
requirements. This issue is strictly one of training for the firefighters which will only be done under
the supervision of a paramedic. There is an old saying: "we will do the best we can with what you
provide us". There are student paramedics on the ambulances today and this would simply allow
firefighters to train in the same manner. He also pointed out that one of the certification
requirements is for the firefighters to ride "hot", or 911, calls. Evaluations are completed by the
paramedics and submitted to the instructors. The firefighters must also spend time in the burn unit
and trauma center in Orlando. This training merely affects the job description and does not change
the contract.
Commissioner Ginn asked for clarification in that the firefighters with this dual -certification
would continue to work on the ambulances after their recertification, and Mr. Anderson agreed that
was the case.
issue.
Mr. Anderson stated that this is a "no cost" issue for the taxpayers and is strictly a training
Commissioner Neuberger asked whether the firefighters are actively working with the
paramedics at this time, and Mr. Anderson responded that they are only working with the
paramedics in emergency situations.
Commissioner Neuberger then questioned what would happen if the certification were
obtained and then no follow-up work were done on the ambulances, and Mr. Anderson responded
that the firefighters would have to continue their work on the ambulances; that this is a job
description issue and not a contract issue.
Lieutenant Rod Johnston commented that even if he has his paramedic certification, he
must still work under the supervision of a paramedic. There are 3 ways to verify fire -medic skills:
(1) national certification; (2) direct observation; and (3) a medical director skills' assessment. The
MARCH 4, 2003 18
national certification contains a requirement that the fire -medic is currently performing paramedic
skills or he has to request inactive status.
Commissioner Ginn expressed her concerns about fire -medics having rusty skills and
lowering the standard of care.
Mr. Anderson noted that uncertified paramedic students are now riding in the County's
ambulances.
Lieutenant Johnston stated that they are not asking the Board to allow them to practice
paramedic skills solo but to assist paramedics on the ambulances.
Commissioner Ginn believed that this is an ongoing move toward dual certification and felt
she could not support the request.
Chairman Macht understood that timing is critical but felt that a more fulsome and bipartisan
explanation will occur at the Emergency Services District Advisory Committee (ESDAC) meeting
on Thursday of this week. That committee will report back to the Board on March 11, 2003.
Mr. Anderson stated that, if the request were not allowed, he would have to petition
surrounding jurisdictions in order for the County's dual certified firefighters to continue their
training. This issue is vitally important due to the current threat of terrorism and the County's
system of training is outdated.
Chairman Macht stated that Emergency Services Director John King feels that action by
March 11, 2003 will be sufficient time for the recertifications.
Lieutenant Johnston, in response to questioning from Commissioner Neuberger,
emphasized that in order to retain the national registration certification he must be actively
performing his paramedic skills.
Commissioner Ginn commented that she hoped Mr. Anderson had been misquoted in the
Press Journal article indicating that the County had been left with only 1 ambulance during a recent
emergency. The article also implied that the firefighters could only wait for the paramedics to arrive
and could not administer any assistance until then.
Mr. Anderson noted that they are limited as to what they can do until the paramedics arrive
and they are not trying to scare the public, but to protect them.
CONSENSUS was reached to wait for ESDAC's recommendations at the March 11, 2003
meeting before taking any action.
MARCH 4, 2003 19
9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON
MARCH 11, 2003
9. C.l. VERO SOUTHPLANNED DEVELOPMENT- REOUEST TO
GRANT SPECIAL EXCEPTION USE APPROVAL TO MODIFY THE
VER 0SOUTHPD TOPR0VIDE A TOTAL OF 22 DWELLING UNITS (10
EXISTING AND 12 PROPOSED) ON 7.50 ACRES AT AN OVERALL
DENSITY OF 2.94 UNITS/ACRE-LOCATED ON THE SOUTHSIDE OF
9TH STREET SW JUST WEST OF 20TH A VENUE SW (LEGISLATIVE)
The Chairman read the notice into the record.
10. COUNTY ADMINISTRATOR MATTERS - TOURIST
DEVELOPMENT COUNCIL FORMAL GRANT RATING PROCESS
Assistant County Administrator Joe Baird noted that the County now receives a 4 cent tax
which is allocated as follows: 1 cent to the Dodger debt; 1.5 cents to beach renourishment; and 1.5
cents to tourism. The proposed rating sheet will assist the system in not being as subjective and
open to criticism. 70% of the 1.5 cents for tourism will be allocated to the Chambers of Commerce
of the City of Sebastian and the City of Vero Beach and the remaining 30% will be allocated
pursuant to the proposed rating sheet. Staff feels the Chambers should be allocated the larger part
because they have been designated as the County's Tourist Bureau; they coordinate all the
marketing and planning.
Chairman Macht and Commissioner Adams were not comfortable with allocating 70% to
the Chambers.
Mr. Baird noted that the tourist tax raised so far this year is approximately $410,000. 70%
of that amount is about $367,000, leaving $157,900 for the other organizations.
Commissioner Ginn stated that this is the Committee's recommendation and the Chambers
do a fantastic job. They print brochures, do all the advertising and arrange promotional events. She
felt the recommendation should be approved as is.
Commissioner Neuberger agreed that the Chambers need to know what their budget is and
both Chambers have been very good with their budgets.
MARCH 4, 2003 20
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously approved the
rating process as proposed by the Tourist Development Council, as
recommended by staff.
11.G.1. EAST INDIAN RIVER COUNTY MASTER STORMWATER
MANAGEMENT PLAN - WORK ORDER NO.4 TO PROFESSIONAL
SERVICES AGREEMENT WITH CARTER ASSOCIATES, INC. FOR
A PRELIMINARY ENGINEERING REPORT FOR VORTEX -TYPE
TREATMENT UNITS AND FLOATING DEBRIS BOOMS IN THE
MAIN RELIEF CANAL AND THE SOUTH RELIEF CANAL
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously approved Work Order
No. 4 in the amount of $22,850 and authorized the Chairman to
execute same, as recommended by staff.
WORK ORDER IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
11.G.2. EAST INDIAN RIVER COUNTY MASTER STORMWATER
MANAGEMENT PLAN - WORK ORDER NO.3 TO PROFESSIONAL
SERVICES AGREEMENT WITH CARTER ASSOCIATES, INC. FOR
THE PRELIMINARY ENGINEERING REPORT FOR THE
SOUTHWEST INDUSTRIAL STORMWATER PARK, PHASE 1- 4TH
STREET AND 74TH AVENUE
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously approved Work Order
MARCH 4, 2003 21
No. 3 in the amount of $22,775 and authorized the Chairman to
execute same, as recommended by staff.
WORK ORDER IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
11.G.3. MURPHY ACT RESERVATION AND RELEASE MAPPING
SERVICES - BID AWARD AND AGREEMENT FOR RFP #3079 -
NICK MILLER, INC.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously approved the
Professional Surveying Services Agreement for Murphy Act
Reservation and Release Mapping with Nick Miller, Inc. in an
amount not -to -exceed $74,500 and authorized the Chairman to
execute same, as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
11.G.4. FLORIDA EAST COAST RAILWAY CROSSINGS - NEW
CROSSING AT 53" STREET - CLOSING OF 71ST STREET
CROSSING AND 43" STREET CROSSING
Commissioner Neuberger questioned why the new crossing at 53rd Street, and Public Works
Director Jim Davis stated that 53rd will be a major east -west corridor and has always been a part of
the thoroughfare plan.
Commissioner Adams stated that there is no more aggravating bunch of folks to work with
than those at FEC.
In response to Commissioner Neuberger's questioning, Director Davis stated that the 71St
Street and 43rd Street closings are staff recommendations and will go to public hearing before being
closed.
MARCH 4, 2003 22
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board, by a 4-1 vote (Commissioner
Neuberger opposed) approved the permanent closing of FECRR
crossings at 71St Street and 43rd Street in exchange for opening a new
permanent FECRR crossing at 53rd Street, as recommended by staff.
11.G.5. TRILLIUM, A RESIDENTIAL COMMUNITY (GHO VERO
BEACH VIII, INC.) - DEVELOPER'S AGREEMENT (WEST SIDE OF
66TH AVENUE, NORTH OF 26TH STREET)
Commissioner Neuberger questioned whether this was the best deal we could get, and
Public Works Director Jim Davis explained that the developer must deed a minimum of a 60 -foot
right-of-way. In this case, the property abuts an arterial road (661'' Avenue) which will serve the
whole County, then the County purchases any right-of-way needed above and beyond the required
60 -feet. We cannot extract additional right-of-way and ask the developer to also pay impact fees.
William Handler, President of GHO, stated that it had taken 3 to 4 months to negotiate this
deal and explained that there is a high expense to the developer to purchase the land and carry it.
It will take the developer approximately 5 1/2 years to recoup the impact fees which will be collected,
as well as the cost of improving the land including surveying, engineering and environmental studies.
Also, we don't know yet how much land will be needed for stormwater retention but it will be at
least 3 or 4 lots.
Upon further questioning, Mr. Handler explained that the developer will lose revenue on the
sale of homes and lots because of the irrigation, landscaping and stormwater capacity.
Director Davis explained that if these regulations had been in place when Kings Highway
was developed, the County could have saved several million dollars in stormwater construction and
condemnation procedures.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board, by a 4-1 vote (Commissioner
Neuberger opposed) approved the Developer's Agreement whereby
MARCH 4, 2003 23
the 10 Sales Tax Revenue will fund the right-of-way purchase of
4.0791 acres along 661'' Avenue and .3923 acres along 261'' Street; the
funding of the construction of a 2 -lane road along 33rd Street through
the Petition Paving Program; and the funding of the traffic impact fee
credits for the 661'' Avenue stormwater system, all as recommended
by staff.
AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
11.G.6. TEN SOUARE FARMS, LLC RESIDENTIAL COMMUNITY -
DEVELOPER'S AGREEMENT (NORTH OF 4TH STREET AND
WEST OF 74TH AVENUE)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously approved the
Developer's Agreement, as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
11.H.1. CASCADES OF VERO (L.I.F.E., LTD.) - DEVELOPER'S
AGREEMENT FINAL PAY REOUEST - PROJECT COS/CCS 753
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved payment
to L.I.F.E., Ltd. in the amount of $82,773.14, as recommended by
staff.
11.H.2. OAKS OF VERO SUBDIVISION (SDG KINGS, INC.) -
DEVELOPER'S AGREEMENT FOR CONSTRUCTION OF
MARCH 4, 2003 24
OFF-SITE SANITARY SEWER FORCE MAIN (NORTH SIDE OF
12TH STREET AT 58TH AVENUE)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously approved the
Developer's Agreement and authorized the Department of Utility
Services to recover capacity charges and line extension fees from
future developments, as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
11.H.3. NORTH COUNTY REVERSE OSMOSIS BRINE RELOCATION
PROJECT - (DEPARTMENT OF ENVIRONMENTAL
PROTECTION) - PAYMENT DISBURSEMENT NO. 1 AND
REOUEST TO CHANGE AUTHORIZED REPRESENTATIVE TO
ERIK OLSON
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously approved the
disbursement form; authorized the Chairman to execute as
Authorized Representative for the County; and approved Erik Olson,
Director of Utility Services, to become Authorized Representative
for all future disbursement requests; all as recommended by staff.
MARCH 4, 2003 25
12.A. COUNTY ATTORNEY - ESTATE OF FRANKLIN S. TAYLOR
AND RALPH S. TAYLOR, PERSONAL REPRESENTATIVE -
PROPOSED STIPULATED SETTLEMENT (LOT 11, BLOCK 9,
VERO BEACH ESTATES)
Deputy County Attorney Will Collins explained the history of this particular property and
noted that Lot 11 was dedicated by the City of Vero Beach for a street. However, the street was
never used and the Taylor Estate has now requested the lot as it has traditionally been used as the
Taylor family's access to their carport which is on Lot 12. The Taylor Estate's attorney, Bruce
Barkett, has been in touch and has explained that the Taylor sons wish to file an estoppel against the
County, saying they would have no access to their carport. They have offered $29,970 for the
purchase of Lot 11 and there is an agreement that the Taylors would pay the County's previously
expended auction sale costs.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously authorized Deputy
County Attorney William G. Collins II to execute the Stipulation of
Settlement on behalf of the County, agreeing to sell the Estate of
Franklin S. Taylor Lot 11 for the purchase price of $29,970, with the
understanding that, at closing, the Taylor Estate will reimburse the
County for its auction preparation costs in the amount of $1,911.40,
as recommended by staff.
12.B. COUNTY ATTORNEY - BRIAN WEST (WESTCO -
SEBASTIAN JOINT VENTURE) PROPERTY -10-FOOT
RIGHT-OF-WAY STRIP AT THE NORTHWEST INTERSECTION
OF ROSELAND ROAD AND US#1
Deputy County Attorney Will Collins reviewed the project for the Board and noted that this
is a fairly unique situation in that Mr. West can sell the strip along Walgreen's (Parcel A-2) but will
have to acquire title to the other parcels. Mr. West will have to provide the County with a title
insurance policy guaranteeing marketable title to all 4 parcels. The County could choose to close
MARCH 4, 2003 26
on each parcel individually if desired. There are some disagreements regarding the value of the
property as Parcel A-2 was sold at approximately $6.80 per square foot; Parcel A-3 was
approximately $5.00 per square foot; Parcel A-4 was approximately $6.65 per square foot; and the
seller is now asking $7.50 per square foot for all 4 parcels. Staff is asking the Board for direction
as to which parcels to purchase and as to what is a fair price.
In response to questioning from Commissioner Neuberger, Public Works Director Jim
Davis responded that the County does not need this right-of-way property. In 1997 staff had an
interest in the property due to the Department of Transportation work program. However, the
widening of US41 has been eliminated and the County has no need for this right-of-way.
Commissioner Adams recalled that Parcel A-2 (Walgreen's property) had lost a 10 -foot
strip due to a request by the County for that right-of-way property. They then had to design around
that right-of-way. She believed that there is some correspondence requesting that right-of-way that
might assist the Board in deciding this matter.
Director Davis did not believe Walgreen's had to design around that right-of-way property
and stated that they could, if they wished, put a sidewalk on that property.
Nicholas Tsamoutales, attorney for Westco, thought the Board had already made a
decision to instruct staff to enter into a contract and believed he was only here today to discuss the
value. The Walgreen's property was sold for $900,000 which comes to $10.33 per square foot, and
the Riverside property was sold at $385,000 which is $8.84 per square foot. The $7.50 per square
foot being requested is less than the actual value of the property.
Commissioner Lowther then questioned whether the 10 -foot right-of-way was discussed at
the time the property was developed, and Director Davis stated that negotiations had begun in 1997
and were broken off because an agreement as to the value could not be reached. Any developer's
agreements regarding right-of-way are solidified in writing prior to approval of the development
plan by the Planning & Zoning Commission.
Director Davis continued that staff wrote to Mr. West and, because there was no response,
staff took the position that the purchase would not take place.
MARCH 4, 2003 27
MOTION WAS MADE by Commissioner Neuberger to deny the purchase.
After further discussion, CONSENSUS was reached that the Board needed further
documentation and would prefer to defer the matter until they had a chance to review it.
The Chairman CALLED THE QUESTION and the motion died for lack of a second.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board, by a 4-1 vote (Commissioner Neuberger opposed)
deferred the matter for one week, pending further documentation.
B.A. CHAIRMAN KENNETH R. MACHT - REPORT ON NATIONAL
ASSOCIATION OF COUNTIES (NACO) CONFERENCE
Chairman Macht stated that the conference is now being scheduled on Mondays and
Tuesdays and asked the Board to shift the first meeting in March each year to the last week in
February in order to obviate the conflict.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Ginn, the Board unanimously agreed to move the
regular Tuesday meeting for the first week in March to the last
Tuesday in February to avoid a future conflict with this NACo
Conference.
13.11. VICE CHAIRMAN CAROLINE D. GINN - REOUEST FOR
RESOLUTION TO ADOPT ENGLISH AS THE OFFICIAL
LANGUAGE OF INDIAN RIVER COUNTY
(CLERK'S NOTE: This item was withdrawn; however, discussion of the matter was held
and the general CONSENSUS was that the language suggested could be construed as inflammatory
and the request was withdrawn.)
MARCH 4, 2003 28
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 11:58 a.m.
ATTEST:
Jeffrey K. Barton, Clerk Kenneth R. Macht, Chairman
Minutes Approved:
03 /04/03 /BCC/PLJ/3003Minutes
MARCH 4, 2003 29