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Home My WebLink About03/09/2004 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF MARCH 9, 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 DESIGNATING MARCH 2004 AS DISABILITY AWARENESS MONTH ..................... 2 5.B.PRESENTATION OF PROCLAMATION DESIGNATING MARCH 2004, AS AMERICAN RED CROSS MONTH ........................ 2 6.APPROVAL OF MINUTES – JANUARY 6, 13, 20, AND FEBRUARY 3 AND 10, 2004 ....................................................................... 3 7.CONSENT AGENDA ................................................................................... 3 7.A.AW ...........................................................................................3 PPROVAL OF ARRANTS 7.BAW ...........................................................................................3 PPROVAL OF ARRANTS March 9, 2004 1 7.C.AACARB GRICULTURE DVISORY OMMITTEE PPOINTMENT OF USTY ANACK AS HR .............................................................................4 ORTICULTURE EPRESENTATIVE 7.D.EMPO(MPO)C, LECTION OF ETROPOLITAN LANNING RGANIZATION HAIRMAN WBVCJMC2004 .........................4 ALTER ARNES AND ICE HAIRMAN OHN CANTS FOR 7.E.ALJPCPH PPOINTMENT OF ALITA ANKE TO THE RIMARY ARE UBLIC EALTH CD.BL ................................................................4 OMMITTEE REPLACING R URTON EE 7.F.R2004-023–CT–RWD- ESOLUTION ANCELING AXES IGHT OF AY EDICATION IS–ODH ............................................................4 NLET AT EBASTIAN LD IXIE IGHWAY 7.G.R2004-242004-26-PA–T ESOLUTIONS THROUGH ROPERTY CQUISITION AX RR:2004-024–LJ.H,CC.H, OLL EMOVAL EONARD ATALA ONSTANCE ATALA RH&LL-71SR--W; ST ONALD ATALA EONARD ITWINIEC TREET IGHTOFAY 2004-025–R,LLC(E’)-RR&US#1 OSELAND CKERDS OSELAND OAD R--WD;2004-026–EI,W IGHTOFAY EDICATION QUITY NVESTMENTS OODFIELD V-26SR--W(4) ................................................5 TH AT ERO TREET IGHTOFAY PARCELS 7.H.AFFCFBW–L6, FTER THE ACT LOODPLAIN UT AND ILL ALANCE AIVER OT B14,VLEU2(834593A)-G RD LOCK ERO AKE STATES NIT VENUE IGLIO E ..............................................................................................................6 NTERPRISES 7.I.FCFBWDG–L LOODPLAIN UT AND ILL ALANCE AIVER FOR ETACHED ARAGE OT 6,B14,VLEU2(834593A)–G RD LOCK ERO AKE STATES NIT VENUE IGLIO E ..............................................................................................................6 NTERPRISES 7.J.BN.5046–FRSWAP ID O LORIDA IDGE UBDIVISON ATER SSESSMENT ROJECT (UD)–RR&FP– TILITIES EPARTMENT ELEASE OF ETAINAGE INAL AYMENT TCC,I.VB ..........................................7 REASURE OAST ONTRACTING NC OF ERO EACH 7.K.BN.5074–SCROWPCA ID O OUTH OUNTY ATER LANT LEARWELL DDITION AND PT-CON.1–WPCIC, OST REATMENT HANGE RDER O NDUSTRIAL ONTRACTORS I...............................................................................................................................7 NC 7.L.BN.5089–WSWAP– ID O ILDWOOD UBDIVISION ATER SSESSMENT ROJECT RR&FP-TC ELEASE OF ETAINAGE INAL AYMENT REASURE OAST C,I.VB(UCP#2281) ..................................................7 ONTRACTING NC OF ERO EACH 7.M.44SWMAP–FP– TH TREET ATER AIN CTIVATION ROJECT INAL AYMENT UU ..........................................................................................8 NDERGROUND TILITIES March 9, 2004 2 7.N.BA#6050–P6”SPWR ID WARD ORTABLE EWAGE UMP FOR THE EST EGIONAL WTF/UD(ACME ASTEWATER REATMENT ACILITYTILITIES EPARTMENT D,I.) .........................................................................................................8 YNAMICS NC 7.O.OOPIVS-KG,I.R LD RCHID HASE UBDIVISION ENNEDY ROVES NC EQUEST FOR FPA ...............................................................................................9 INAL LAT PPROVAL 7.P.R--WA-4SW58A–P THTH IGHT OF AY CQUISITION TREET EST OF VENUE ARROT BESP–LK,I. .............................................9 AY STATES UBDIVISION ROJECT OW EY NC 7.Q.R--WA–41SB43A58 STRDTH IGHTOFAY CQUISITION TREET ETWEEN VENUE AND A–WW,J.-CPN.0016 .............................. 10 VENUE ILLIE ILSON R OUNTY ROJECT O 7.R.AS.GLRP UTHORIZATION FOR IFFORD ANDFILL EMEDIATION ROJECT A–DEP(FDEP)– GREEMENT EPARTMENT OF NVIRONMENTAL ROTECTION GSC(SWDD) ...................................................................... 10 EOYNTEC ORPORATION 7.S.PBEPIS–FPA– ELICAN AY STATES HASE UBDIVISION INAL LAT PPROVAL PBL.L.C. ................................................................................................ 11 ELICAN AY 7.T.PHMC.B90B ...... 11 TH ROCLAMATION ONORING ARGARET OWMAN ON HER IRTHDAY 9.A.1.PUBLIC HEARING – ORDINANCE 2004-007 - REZONE 18.66 TH.TH. ACRES – SE CORNER OF 66 AVENUE AND 45 STREET - A-1 TO RS-3 – VITO LARCERI - SHULKE, BITTLE AND STODDARD, LLC (QUASI-JUDICIAL) ................................................ 11 9.A.2.PUBLIC HEARING - ORDINANCE 2004-008 – REZONING 3.44 ACRES FROM CL TO OCR – TIMBER RIDGE TRAIL - EDWARD BOYD AND ASSOCIATES (LEGISLATIVE) ................... 14 9.A.3.PUBLIC HEARING – COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION CATEGORY AND AUTHORIZATION TO HIRE A BLOCK GRANT APPLICATION CONSULTANT – INDUSTRIAL PARKS – SR-60 AND I-95 (PARK OF COMMERCE) (LEGISLATIVE) ....................... 15 March 9, 2004 3 9.B.1.PUBLIC DISCUSSION – RECENT BUILDING ACTIVITY IN INDIAN RIVER COUNTY INTERIM CONTROL GROWTH MEASURES ................................................................................................. 16 TH 11.I.1.TOPOGRAPHIC DESIGN SURVEY FROM 8 COURT SW INCLUDING OSLO ROAD - IRC PROJECT NO. 0403 – ANNUAL SURVEYING AND MAPPING SERVICES CONTRACT 0390 WORK ORDER NO. 5 – KIMLEY-HORN & ASSOCIATES, INC. ................................................................................... 22 11.I.2.IMPLEMENTATION OF EAST INDIAN RIVER COUNTY MASTER STORMWATER PLAN – EGRET MARSH REGIONAL STORMWATER PARK (A.K.A. SOUTHWEST INDUSTRIAL STORMWATER PARK) CALPINE NODE - PHASE I – WORK ORDER NO. 3A – CARTER ASSOCIATES, INC. ............................................................................................................... 23 11.I.3.2004 INDIAN RIVER COUNTY HORIZONTAL CONTROL NETWORK (I.R.C.H.C.N./GPS) RE-MONUMENTATION AND MAPPING PROJECT – ANNUAL SURVEYING AND MAPPING SERVICES, CONTRACT 0390 - WORK ORDER NO. 1 - IRC PROJECT NO. 3124 - CREECH ENGINEERS, INC. ........................... 23 11.J.1.KINGSWOOD ESTATES WATER SERVICES AND METER REPLACEMENT PROJECT - WORK AUTHORIZATION NO. 2001-80 (UCP PROJECT #2406) – GEORGE E. FRENCH .................. 24 12.A.COUNTY ATTORNEY’S REQUEST TO ADVERTISE PROPOSED EXCHANGE OF PROPERTY BETWEEN INDIAN RIVER COUNTY AND DODGERTOWN VENTURES LLLP ........... 25 March 9, 2004 4 12.B.FLORIDA PETROLEUM REPROCESSORS SITE DAVIE, BROWARD COUNTY, FLORIDA - DE MINIMIS SETTLEMENT OFFER FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY – SANDRIDGE GOLF CLUB ................................................................................................ 25 12.C.APPROVAL OF SETTLEMENT AGREEMENT – ACCESS NOW, INC. AND ROLAND W. GRADY V. LOS ANGELES DODGERS, INC. ET AL (HARRISON CONFERENCE SERVICES OF FLORIDA, INC.) ............................................................. 26 13. C.COMMISSIONER FRAN B. ADAMS – LETTER TO DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF BEACH AND SHORE – HIRING OF SURVEYOR – SEBASTIAN INLET TAXING DISTRICT SAND SURVEY (BEACH AND SHORE RESTORATION PROJECT) .......................... 27 14.A.EMERGENCY SERVICES DISTRICT .................................................. 27 14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 27 14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 27 March 9, 2004 5 March 9, 2004 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in Regular th Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday, March 9, 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 I. Suesz, Deputy Clerk. 1. CALL TO ORDER Chairman Ginn called the meeting to order. 2. INVOCATION Community Church Reverend Carol Trax delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Kenneth R. Macht led the Pledge of Allegiance to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS March 9, 2004 1 Add: Item 7.T. Proclamation Honoring Margaret Bowman on her th 90 Birthday Correct: Item 9.B.1. Page 204, Attachment B “additional 19,000 14,071 units” Move Page: Item 12.C. Page 277 to follow Page 252, Item 12.A. Add: Item 13.C. Commissioner Fran B. Adams request to send letter to the Department of Environmental Protection regarding selection of surveyor – Sebastian Inlet Taxing District Sand Survey ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously made the above changes to the Agenda. 5.A. PRESENTATION OF PROCLAMATION DESIGNATING MARCH 2004 AS DISABILITY AWARENESS MONTH Commissioner Adams read and presented the Proclamation to Dr. Roger Baker, Executive Director of American Retarded Citizens (ARC). Dr. Baker accepted the Proclamation with appreciation. He wanted to get the word out that 4% of the existing population are disabled. ARC focuses primarily on helping people become independent. Roughly 4% are unemployed and most of them are employable. He said they could not succeed without public support. 5.B. PRESENTATION OF PROCLAMATION DESIGNATING MARCH 2004, AS AMERICAN RED CROSS MONTH Commissioner Macht read and presented the Proclamation to Sarah Tippit Ruby who accepted that proclamation encouraging everyone to be trained in CPR. March 9, 2004 2 6. APPROVAL OF MINUTES – JANUARY 6, 13, 20, AND FEBRUARY 3 AND 10, 2004 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meetings of January 6, 13, 20, and February 3 and 10, 2004. There were none. ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, the Board unanimously approved the Minutes of the Regular Meetings of January 6, 13, 20 and February 3 and 10, 2004, as written and distributed. 7. CONSENT AGENDA 7.A. AW PPROVAL OF ARRANTS ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for the period of February 13-19, 2004, as listed in the memorandum dated February 19, 2004. 7.B AW PPROVAL OF ARRANTS ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for the period of February 20-26, 2004, as listed in the memorandum dated February dated February 26, 2004. March 9, 2004 3 7.C. AACAR GRICULTURE DVISORY OMMITTEE PPOINTMENT OF USTY BHR ANACK AS ORTICULTURE EPRESENTATIVE ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously appointed Rusty Banack as Horticulture Representative of the Agriculture Advisory Committee, as recommended in the memorandum dated February 20, 2004. 7.D. EMPO(MPO) LECTION OF ETROPOLITAN LANNING RGANIZATION C,WBVCJ HAIRMAN ALTER ARNES AND ICE HAIRMAN OHN MC2004 CANTS FOR The election has been noted and entered into the record. 7.E. ALJPCP PPOINTMENT OF ALITA ANKE TO THE RIMARY ARE UBLIC HCD.BL EALTH OMMITTEE REPLACING R URTON EE The appointment has been noted and entered into the record. 7.F. R2004-023–CT–RW ESOLUTION ANCELING AXES IGHT OF AY D-IS–ODH EDICATION NLET AT EBASTIAN LD IXIE IGHWAY ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously adopted Resolution 2004-023 accepting a right-of-way dedication March 9, 2004 4 and canceling certain taxes upon publicly owned lands, pursuant to section 196.28, Florida Statutes, (Inlet at Sebastian) - Old Dixie Highway. 7.G. R2004-242004-26-P ESOLUTIONS THROUGH ROPERTY A–TRR:2004-024–LJ. CQUISITION AX OLL EMOVAL EONARD H,CC.H,RH&L ATALA ONSTANCE ATALA ONALD ATALA EONARD L-71SR--W;2004-025–R, ST ITWINIEC TREET IGHTOFAY OSELAND LLC(E’)-RR&US#1R--W CKERDS OSELAND OAD IGHTOFAY D;2004-026–EI,W EDICATION QUITY NVESTMENTS OODFIELD AT V-26SR--W(4) TH ERO TREET IGHTOFAY PARCELS ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously adopted Resolution 2004-024 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (Leonard J. Hatala, Constance C. Hatala, Ronald Hatala & st Leonard Litwiniec - 71 Street Right-of-Way.) ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously adopted Resolution 2004-025 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (Roseland Road and US #1 Right-of-Way dedication - Roseland LLC. \[Eckerd’s\]) March 9, 2004 5 ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously adopted Resolution 2004-026 canceling taxes upon publicly owned th lands, pursuant to Section 196.28, Florida Statutes (26 Street Right-of-Way, - Equity Investments, Woodfield at Vero – 4 parcels) 7.H. AFFCFBW– FTER THE ACT LOODPLAIN UT AND ILL ALANCE AIVER L6,B14,VLEU2(834593A) RD OT LOCK ERO AKE STATES NIT VENUE -GE IGLIO NTERPRISES ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously granted the cut and fill balance waiver based on the criteria of Section 903.07(2)(d)4, as recommended in the memorandum dated February 16, 2004. 7.I. FCFBWD LOODPLAIN UT AND ILL ALANCE AIVER FOR ETACHED G–L6,B14,VLEU2(8345 ARAGE OT LOCK ERO AKE STATES NIT 93A)–GE RD VENUE IGLIO NTERPRISES ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously granted the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)4, as recommended in the memorandum dated February 16, 2004. March 9, 2004 6 7.J. BN.5046–FRSWA ID O LORIDA IDGE UBDIVISON ATER SSESSMENT P(UD)–RR& ROJECT TILITIES EPARTMENT ELEASE OF ETAINAGE FP–TCC,I.V INAL AYMENT REASURE OAST ONTRACTING NC OF ERO B EACH ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved Release of Retainage and Final Payment to Treasure Coast Contracting, Inc. in the amount of $84,730.40, as recommended in the memorandum dated February 16, 2004. 7.K. BN.5074–SCROWPC ID O OUTH OUNTY ATER LANT LEARWELL APT-CON.1–WPC DDITION AND OST REATMENT HANGE RDER O IC,I. NDUSTRIAL ONTRACTORS NC ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved Change Order No. 1 to WPC Industrial Contractors, Inc. in the amount of $9,636.11, as recommended in the memorandum dated February 17, 2004. 7.L. BN.5089–WSWA ID O ILDWOOD UBDIVISION ATER SSESSMENT P–RR&FP- ROJECT ELEASE OF ETAINAGE INAL AYMENT March 9, 2004 7 TCC,I.VB(UCP REASURE OAST ONTRACTING NC OF ERO EACH #2281) ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved Final Payment to Treasure Coast Contracting, Inc. in the amount of $3,670.87, as recommended in the memorandum dated February 24, 2004. 7.M. 44SWMAP–F TH TREET ATER AIN CTIVATION ROJECT INAL P–UU AYMENT NDERGROUND TILITIES ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved Final Payment to Underground Utilities in the amount of $977.61, recommended in the memorandum dated February 26, 2004. 7.N. BA#6050–P6”SPW ID WARD ORTABLE EWAGE UMP FOR THE EST RWTF/U EGIONAL ASTEWATER REATMENT ACILITYTILITIES D(ACMED,I.) EPARTMENT YNAMICS NC ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously awarded Bid #6050 to ACME Dynamics, Inc. in the amount of $27,574.00 as the lowest most responsive and responsible March 9, 2004 8 bidder meeting the specifications as set forth in the Invitation to Bid, as recommended in the memorandum dated February 25, 2004. 7.O. OOPIVS-KG,I. LD RCHID HASE UBDIVISION ENNEDY ROVES NC RFPA EQUEST FOR INAL LAT PPROVAL ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously granted final plat approval for Old Orchid Phase IV subdivision, authorizing the Chairman to execute the contract and any security documents, and accept the security, as recommended in the memorandum dated February 23, 2004. CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.P. R--WA-4SW58A THTH IGHT OF AY CQUISITION TREET EST OF VENUE –PBESP–LK,I. ARROT AY STATES UBDIVISION ROJECT OW EY NC ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved the $10,100.00 purchase, and authorized the Chairman to execute the contract, as recommended in the memorandum dated February 27, 2004. March 9, 2004 9 AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.Q. R--WA–41SB43 STRD IGHTOFAY CQUISITION TREET ETWEEN A58A–WW,J.-C TH VENUE AND VENUE ILLIE ILSON R OUNTY PN.0016 ROJECT O ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved the $38,700.00 purchase together with appraisal fee of $6,000 and review fee of $500, for a total of $45,200.00and authorized the Chairman to execute the agreement to purchase and sell real estate, as recommended in the memorandum dated March 3, 2004. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.R. AS.GLR UTHORIZATION FOR IFFORD ANDFILL EMEDIATION PA–DE ROJECT GREEMENT EPARTMENT OF NVIRONMENTAL P(FDEP)–GSC(SWDD) ROTECTION EOYNTEC ORPORATION ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved the Agreed Authorization for Remediation with the Department of Environmental Protection (DEP) and March 9, 2004 10 authorized the Chairman to execute the same, as recommended in the memorandum dated March 1, 2004. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.S. PBEPIS–FP ELICAN AY STATES HASE UBDIVISION INAL LAT A–PBL.L.C. PPROVAL ELICAN AY ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously granted final plat approval for Pelican Bay Estates Phase I, and authorized the Chairman to sign the Contract for Construction of Required Improvements and Cash Deposit and Escrow Agreement, as recommended in the memorandum dated February 12, 2004. CONTRACT WITH CASH DEPOSIT AND ESCROW AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.T. PHMC.B90 TH ROCLAMATION ONORING ARGARET OWMAN ON HER B IRTHDAY The Proclamation has been noted and entered into the record. 9.A.1. PUBLIC HEARING – ORDINANCE 2004-007 - REZONE 18.66 TH.TH. ACRES – SE CORNER OF 66 AVENUE AND 45 STREET - March 9, 2004 11 A-1 TO RS-3 – VITO LARCERI - SHULKE, BITTLE AND STODDARD, LLC (Quasi-Judicial) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Robert Keating used a PowerPoint presentation (copy on file) to display an aerial view of the site. He said this public hearing and the next public hearing are both for rezoning. The property is a 20-acre tract with a little cutout on the southeast corner of thth 66 Avenue and 45 Street. The purpose of this rezoning is to allow the property to develop for single-family use (A-1 to RS-3). It is located on the edge of the Urban Service Area and outside of this area there is an extension of a large tract development. The subject site is an abandoned grove. Director Keating explained that the concurrency test has been met and there are adequate facilities to accommodate the rezoning. It is consistent eth the Comprehensive Plan and the development that is programmed to be in the general area. Staff concluded that an RS-3 is appropriate for this property and the Planning and Zoning Commission voted 7-0 recommending the rezoning. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. John Williams , 1535 Smugglers Cove, reminded the Board when staff says it meets concurrency they mean it is at a traffic level of service “D.” Joseph Shulke, EngineerShulke, Bittle and Stoddard, LLC stated he prepared this application and was available for any questions. Commissioner Adams asked him what the traffic impact study showed as far as trips per th day on 45 Street and he responded that the study showed 360 trips. March 9, 2004 12 st Ray Scent, 1615 71 Court, said unless people schedule themselves around the heavy th work traffic, it takes 10 minutes or more to enter onto 66 Avenue. Maureen Cummings , 134 Englar Drive, Sebastian, questioned if a traffic light is required to handle all this traffic, and Public Works Director Jim Davis replied that there is a flashing thth beacon at 66 Avenue and 45 Street that could be converted to full signalization when the warranted, but not at this time. Director Keating explained that development is allowed if capacity is not in the ground providing improvements are programmed within 2 years from the time the certificate of occupancy is issued. Chairman Ginn felt that a year should be more than sufficient and she would like to see this changed. 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 Macht, SECONDED by Commissioner Adams, the Board unanimously adopted Ordinance 2004-007 amending the zoning ordinance and the accompanying zoning map for approximately 18.66 th acres located on the southeast corner of 66 Avenue and th 45 Street, from A-1, Agricultural District (up to 1 unit/5 acres) to RS-3, single-family residential district (up to 3 units/acre); and providing codification, severability, and effective date. March 9, 2004 13 9.A.2. PUBLIC HEARING - ORDINANCE 2004-008 – REZONING 3.44 ACRES FROM CL TO OCR – TIMBER RIDGE TRAIL - EDWARD BOYD AND ASSOCIATES (Legislative) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Director Keating said this is a simple rezoning from one commercial zoning district to another commercial zoning district to convert 3.5 acres from CL, Limited Commercial, to OCR, Office, Commercial and Residential District. He used a PowerPoint presentation (copy on file) to display the aerial view of the wooded lot. The Planning and Zoning Commission recommended approval by a 7-0 vote. The property south of the lot is planned for a church. As in the previous rezoning, this property meets concurrency and is consistent with the Comprehensive Plan and the Land Use map. It actually is “down zoning” (less density of use). The intent of this property is to develop it for residential use. Director Keating explained that the Comprehensive Plan would have to be amended if the request were to rezone to residential. However, under OCR zoning, you can have residential units. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. th Robert Johnson, 535 39 Court SW, wanted to know if there were any plans to have a th bridge across the lateral canal at 5 Street SW, and Director Keating replied “No.” Rick Melchiori , P.E. of WCG/Neel-Schaffer, Inc., was present to answer any questions. The Chairman asked if anyone else wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. March 9, 2004 14 ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board unanimously adopted Ordinance 2004-008 amending the zoning ordinance and the accompanying zoning map for 3.44 acres located on Timber Ridge Road approximately 300 feet North of Oslo Road, from CL, Limited Commercial District, to OCR, Office, Commercial, Residential District; and providing codification, severability, and effective date. 9.A.3. PUBLIC HEARING – COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION CATEGORY AND AUTHORIZATION TO HIRE A BLOCK GRANT APPLICATION CONSULTANT – INDUSTRIAL PARKS – SR-60 AND I-95 (PARK OF COMMERCE) (Legislative) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Director Keating said this item relates to the proposed Industrial Park of Commerce west of I-95, north of SR 60. One way to assist developers is by obtaining a Community Development Block Grant (CDBG). A requirement for this application is to have an end user who is creating jobs and in this case there is a distribution center that is interested in being in that park. This CDBG, unlike the CDBG used in the Gifford area, falls under the Economic Development Category of Community Development Block Grant umbrella, which allows us to be eligible for funding even if we have another CDBG open at the same time. Currently all of the money has been expended for the FY 2003-2004. This request is to get the County in the pipeline for the additional funding which may be available July 1, 2004. These grants are complicated and it is March 9, 2004 15 necessary to have a consultant on board to manage the funds. He asked that the Board open the public hearing, consider the various CDBG categories, pick the Economic Development Block Grant Category, and authorize staff to proceed with the consultant selection process and activate the County’s existing CDBG Advisory Task force. 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 Lowther, SECONDED by Commissioner Macht, the Board unanimously approved opening the public hearing; obtaining public input regarding the county’s economic development conditions; chose a CDBG economic development category; and staff to apply for CDBG economic development funds to continue with an RFP process to hire a consultant to prepare an Economic Development CDBG application; and activated of the County’s existing CDBG Advisory Taskforce, all as recommended by staff in the memorandum dated March 2, 2004. 9.B.1. PUBLIC DISCUSSION – RECENT BUILDING ACTIVITY IN INDIAN RIVER COUNTY INTERIM CONTROL GROWTH MEASURES Chairman Ginn asked to begin on the premise that everyone wants what is best for the County. Those who wished to speak filled out index cards and were told they had no more than 3 minutes at the podium. March 9, 2004 16 Commissioner Neuberger complimented all those that attended the meeting today and the night before. He was glad to see everyone here. The following people spoke in support of the interim growth measure: Robert MacGowan , 555 Bougainvillea Lane, Vero Beach Diane MacGowan, 555 Bougainvillea Lane, Vero Beach Joseph Paladin , 6830 S. Hwy #1, Melbourne Beach Chuck Mechling , 1999 Pointe West Drive, Vero Beach, supported the measure and suggested the Board form a committee to look at the Land Development Regulations. Karl Mahler , 616 Holly Road, Vero Beach Maureen Cummings , 134 Englar Drive, Sebastian Jim Gregg, 2145 West Beachside Lane, Vero Beach th Daphne Heath , 1759 25 Avenue, Vero Beach Gene Winne, 2096 Windward Way, Vero Beach Bill Case, 101 Laurel Oak Lane, Vero Beach Bill Luke, 2030 Club Drive, Vero Beach John Flagg, 815 Riomar Drive, Vero Beach rd Douglas H. Cuff, 695 43 Avenue, Vero Beach Debby Ecker , 550 Riomar Drive, Vero Beach Renee Renzi, 340 Waverly Place, Vero Beach Hugh Beath , 986 Riomar Drive, Vero Beach st Ray Scent , 1615 71 Court, Vero Beach th Robert Johnson, 535 39 Court SW, Vero Beach th Mark Grossman , 9960 86 Street, Vero Beach Bob Ulevich , P. O. Box 690336, Sebastian Dr. Richard Baker , 522 N. Blue Island Lane, Sebastian Grant Withers, 67 Cache Cay Drive, Vero Beach March 9, 2004 17 Maryann Krueger, 121 Miller Drive, Sebastian George Christopher , 945 Painted Bunting Lane, Vero Beach John Williams, 1535 Smugglers Cove, Vero Beach Robert Adair, 7060 Cherry Lane, Vero Beach Joseph Guffanti , 441 Holly Road, Vero Beach The following people spoke in opposition to the interim growth measure: th Henry Muller, 7355 35 Court, Vero Beach th Bruce Anderson , 926 28 Avenue, Vero Beach th Elizabeth Kennedy, 3225 13 Street, Vero Beach Joseph Shulke, 59 Blue Island Street, Sebastian th Allen Greene , 8030 98 Avenue, Vero Beach Armand Mueller , 14 Sea Horse Lane, Vero Beach Ed Llerena , 924 Riomar Drive, Vero Beach th Maurice Ed Nelson, 8775 20 Street, Vero Beach (CLERK’S NOTE: Chairman Ginn called for a short recess at 10:11 a.m. and the Board reconvened at 10:21 a.m. with all members present.) Andrew Bowler, 4568 US Highway #1, Vero Beach th Barry Brennen , 360 10 St. SW, Vero Beach th Henry Burson Jr. , 4545 38 Avenue, Vero Beach Bob Solari, 730 Painted Bunting Lane, Vero Beach Jay Hart, 2800 Indian River Boulevard, Vero Beach st Helene Caseltine, 1216 21 Street, Vero Beach th Bob Swift , 6450 8 Street, Vero Beach th George Beuttell , 5000 16 St, Vero Beach March 9, 2004 18 th Cliff Beuttell , 5000 16 Street, Vero Beach th Peter Jones , 1924 5 Ave SE, Vero Beach Judy Turner, 13680 N. Indian River Drive, Sebastian th Bill Repass, 140 29 Court SW, Vero Beach Greg Schlitt , 655 Camelia Lane, Vero Beach Thomas Barnes, Jr. , 602 Tulip Lane, Vero Beach Richard Bialosky, 940 Oyster Shell Lane, Vero Beach th Tim Zorc, 4415 5 Place SW, Vero Beach th Linda Schlitt Gonzalez, 2170 6 Court SE, Vero Beach rd Freddie Woolfork , 4875 43 Avenue, Vero Beach Bruce Barkett , 756 Beachland Blvd, Vero Beach st Penny Chandler , 1216 21 Street, Vero Beach The following people remained neutral on this issue: th Tony McKenna , 1055 6 Place, Vero Beach Peter Robinson, 315 Greytwig Road, Vero Beach Chairman Ginn read the following names that asked to address the Board but were not present at the time their name was called: Peggy Harbin Douglas Bournique Russ Flinchum Robin Honiss Norman Stewart Fred Murphy March 9, 2004 19 There were 27 people who spoke in favor, 28 in opposition, and 2 remained neutral. (CLERK’S NOTE: Chairman Ginn called for a brief recess at 12:41 p.m. and reconvened the meeting at 12:48 p.m. with all members present.) Chairman Ginn reconvened the meeting thanking everyone for his or her input. She described Indian River County as a place where neighbors can express their opinions and regardless of what others think they still remain friends, which makes this county different from the rest of Florida. She hoped that listening to each other we might find a middle ground. She recalled the time when there was a moratorium on conditional uses and development th along US Highway 1 near 17 Street, which was a positive measure at the time. However, she reiterated that she was not proposing a moratorium. Then she gave the Commissioners an opportunity to express their opinion. Vice Chairman Neuberger said if he was asked to vote today, it would be “no.” He had too many questions left unanswered and he wanted more time before he cast his vote. His primary concerns were that several people asked for further study. He questioned if the statistics presented were correct, and he felt the need to have an economic impact study of what effect the interim growth measure would have on the community. He said he had a list of other questions that he would present in another form. Commissioner Macht said this growth measure is a moratorium and how a moratorium will shape our community is unpredictable. He is always concerned with what happens to people on the low economic plane. They have less control of what goes on economically and he felt that should be considered by the Board. He is concerned with what impacts agriculture and believes they do need to do something about residential zoning adjacent to agriculture and interfacing between zoning categories, single-family, multi-family, and commercial. He does not believe the county has done a good job relative to those two categories. He thought this could be done through the Land Development Regulations rather than revising the Comprehensive Plan. He believes uncontrolled growth is a misnomer because there is a control measure in the Comprehensive Plan. March 9, 2004 20 Commissioner Macht explained that the state mandated the Comprehensive Plan program and it took a long time to compile it. Later the state passed the Bert Harris Act that has taken away the decision ability of the Commissioners to decide on another category that they feel may be more suitable than what is requested. He believes we should challenge that law. Commissioner Lowther read Attorney Collin’s comments on a moratorium (copy in the backup) and he believed the people who came before them should be on a task force to deal with the problems without a moratorium. Commissioner Adams agreed to appoint a task force to come together and tell the Board the issues. She said everyone is in a state of panic over growth when it is nothing more than exactly what was expected in the Comprehensive Plan. She does not feel that needs to be reshaped. She reminisced about the recession of the early 1980s and 1990’s when they had a downturn in business and she watched friends suffer financially during that period. She believes the money is not in the community for everyone to be able to afford three units per acre and she will not approve a measure that she believes will cause people to be financially burdened, especially when it will take them years to get back on their feet. She was emphatic in saying that Caroline’s interim growth measure is a very discriminatory moratorium affecting multi-family development and anything more than 3-units per acre. Commissioner Adams said she is aware there is a problem. She felt the Board missed their opportunity to provide buffers between residential and agricultural. They have also not addressed the buffers between multi-family and rights-of-ways. They missed the chance to strengthen the tree ordinance and make a tree bank, and that still needs to be done. She would like to take the economic model made by Michael Buska of the Treasure Coast Regional Planning Council and, with these workshops, make it work. ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously March 9, 2004 21 approved establishing a task force consisting of a minimum of 50 people with names to be brought to the Board at the next meeting, to address the growth issues of concern to be brought back to the Board within 30 days; and directed the County Attorney to draft rules of order for the task force. Chairman Ginn said she was disappointed because she hoped for more, but it is a start and now it is up to the task force to come to some conclusion. She addressed those present from the Riomar Neighborhood Association that asked that this issue be considered and asked them not to look at it as a defeat, rather to look for names of those who should participate on the task force. TH 11.I.1. TOPOGRAPHIC DESIGN SURVEY FROM 8 COURT SW INCLUDING OSLO ROAD - IRC PROJECT NO. 0403 – ANNUAL SURVEYING AND MAPPING SERVICES CONTRACT 0390 WORK ORDER NO. 5 – KIMLEY-HORN & ASSOCIATES, INC. ON MOTION by Commissioner Lowther, SECONDED by Commissioner Macht, the Board unanimously approved Work Order No. 5 authorizing the Topographic Design th Survey from 8 Court SW from and including Oslo Road to approximately ½ mile south to the terminus of the maintained dirt road; and authorized the Chairman to execute the same, as recommended in the memorandum dated March 1, 2004. WORK ORDER NO. 5 IS ON FILE IN THE March 9, 2004 22 OFFICE OF THE CLERK TO THE BOARD 11.I.2. IMPLEMENTATION OF EAST INDIAN RIVER COUNTY MASTER STORMWATER PLAN – EGRET MARSH REGIONAL STORMWATER PARK (A.K.A. SOUTHWEST INDUSTRIAL STORMWATER PARK) CALPINE NODE - PHASE I – WORK ORDER NO. 3A – CARTER ASSOCIATES, INC. ON MOTION by Commissioner Lowther, SECONDED by Commissioner Neuberger, the Board unanimously approved Work Order No. 3 and authorized the Chairman to execute same, as recommended in the memorandum dated February 23, 2004. WORK ORDER NO 3A IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.3. 2004 INDIAN RIVER COUNTY HORIZONTAL CONTROL NETWORK (I.R.C.H.C.N./GPS) RE-MONUMENTATION AND MAPPING PROJECT – ANNUAL SURVEYING AND MAPPING SERVICES, CONTRACT 0390 - WORK ORDER NO. 1 - IRC PROJECT NO. 3124 - CREECH ENGINEERS, INC. March 9, 2004 23 ON MOTION by Commissioner Lowther, SECONDED by Commissioner Macht, the Board unanimously approved Work Order No. 1 authorizing the subject project as outlined in the scope of services and authorized the Chairperson to execute same, as recommended in the memorandum dated March 1, 2004. WORK ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.1. KINGSWOOD ESTATES WATER SERVICES AND METER REPLACEMENT PROJECT - WORK AUTHORIZATION NO. 2001-80 (UCP PROJECT #2406) – GEORGE E. FRENCH ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board approved the project at a total cost of $69,676.03, including 10% contingency for labor, and authorized the Chairman to execute Work Authorization Directive No. 2001-80, as recommended in the memorandum dated February 9, 2004. WORK AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March 9, 2004 24 12.A. COUNTY ATTORNEY’S REQUEST TO ADVERTISE PROPOSED EXCHANGE OF PROPERTY BETWEEN INDIAN RIVER COUNTY AND DODGERTOWN VENTURES LLLP County Attorney Collins reviewed the proposed exchange of property as detailed in his memorandum (copy on file with the backup). He asked for authorization to advertise the County’s release of its easement interest in the golf course property for a deed of 10 acres to be used for additional parking at Holman Stadium. Dodgertown Ventures also proposes to deed 1.2 acres of rd right-of-way for 43 Avenue in exchange for traffic impact fee credits in an amount not to exceed rd $75,000. Dodgertown Ventures would also accept 1.2 acre feet of stormwater runoff from the 43 Avenue right-of-way in the southern 30+/- acres of its residential development area. They also are requesting a general release and nullification of the Memorandum of Understanding recorded in the public records of the county at O.R. Book 1567, Page 1188. To do this notice needs to be advertised once a week for two weeks before going forward. ON MOTION by Commissioner Macht, SECONDED by Commissioner Lowther, the Board unanimously authorized advertisement of the statutorily required notice, as recommended by staff in the memorandum dated March 3, 2004. 12.B. FLORIDA PETROLEUM REPROCESSORS SITE DAVIE, BROWARD COUNTY, FLORIDA - DE MINIMIS SETTLEMENT OFFER FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY – SANDRIDGE GOLF CLUB March 9, 2004 25 ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously authorized the Chairman to sign one or more signature pages to the Order for both Indian River County and Sandridge Golf Club, and authorized payment of the invoices to be sent by EPA in the aggregate amount of $2,891.66. Funding for the Order will be provided from General Fund reserves for contingency, as recommended in the memorandum dated March 3, 2004. ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12.C. APPROVAL OF SETTLEMENT AGREEMENT – ACCESS NOW, INC. AND ROLAND W. GRADY V. LOS ANGELES DODGERS, INC. ET AL (HARRISON CONFERENCE SERVICES OF FLORIDA, INC.) ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved the Settlement Agreement and authorized the Chairman to execute the same, as recommended in the memorandum dated February 25, 2004. COPY OF SETTLEMENT AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March 9, 2004 26 13. C. COMMISSIONER FRAN B. ADAMS – LETTER TO DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF BEACH AND SHORE – HIRING OF SURVEYOR – SEBASTIAN INLET TAXING DISTRICT SAND SURVEY (BEACH AND SHORE RESTORATION PROJECT) ON MOTION BY Commissioner Adams, SECONDED BY Commissioner Macht, the Board authorized the Chairman to draft and sign a letter to the Department of Environmental Protection, Division of Beach and Shore, recommending that the surveyor hired is objective and does not have any current or past relationship with the Sebastian Inlet Taxing District or Indian River County. COPY OF LETTER IS ON FILE WITH THE BACKUP IN THE OFFICE OF THE CLERK TO THE BOARD 14.A. EMERGENCY SERVICES DISTRICT None. 14.B. SOLID WASTE DISPOSAL DISTRICT None. 14.C. ENVIRONMENTAL CONTROL BOARD None. March 9, 2004 27 ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 1:27 p.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman Minutes Approved: _________________ BCC/MIS/2004Minutes March 9, 2004 28