HomeMy WebLinkAbout04/11/2006
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF APRIL 11, 2006
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 - NONE ...............2
6.APPROVAL OF MINUTES ...............................................................2
A.PWM3,2006–PPS
UBLIC ORKSHOP ARCH ROPOSED ROPORTIONATE HARE
O ...................................................................................................... 2
RDINANCE
B.RMM7,2006 .......................................................... 2
EGULAR EETING OF ARCH
C.RMM14,2006 ........................................................ 3
EGULAR EETING OF ARCH
7.CONSENT AGENDA ..........................................................................3
7.A.AW ................................................................................ 3
PPROVAL OF ARRANTS
April 11, 2006 1
7.B.AHRAC
PPOINTMENTS TO THE ISTORIC ESOURCES DVISORY OMMITTEE
(HRAC)............................................................................................................ 3
7.C.AEZDA .............. 4
PPOINTMENT TO THE NTERPRISE ONE EVELOPMENT GENCY
7.D.REDC ..................... 4
ESIGNATION FROM THE CONOMIC EVELOPMENT OUNCIL
7.E.AEDC ......................... 4
PPOINTMENT TO THE CONOMIC EVELOPMENT OUNCIL
7.F.CEIRCBN.2006-60–OR
ONTRACT XECUTION FOR ID O SLO OAD
C,8CSE27ASW ............................................. 4
THTH
LEARING OURT TO VENUE
7.G.MBA012 .................................................. 5
ISCELLANEOUS UDGET MENDMENT
7.H.AFDEPAN.G0182IR
PPROVAL OF GREEMENT O FOR THE NDIAN IVER
CMRCPCS ................ 5
OUNTY AIN ELIEF ANAL OLLUTION ONTROL TRUCTURE
7.I.TSS,IRCBN.2006054,
HE QUIRE UBDIVISION NDIAN IVER OUNTY ID O
AFPLCW
PPROVAL OF INAL AYMENT TO ABOR ONTRACTOR FOR ORK
AN.2005-022IWM(T
UTHORIZATION O FOR NSTALLATION OF ATER AIN HE
DC,I.) ........................................................................... 5
ANELLA OMPANIES NC
7.J.CHSWAP,A
ARLL EIGHTS UBDIVISION ATER SSESSMENT ROJECT PPROVAL
FPCRR............. 6
OF INAL AYMENT TO ONTRACTOR AND ELEASE OF ETAINAGE
7.K.RL–L5IRIC
ELEASE OF IEN OT OF NDIAN IVER NDUSTRIAL ENTER
(CCFA) ......................................................... 6
APACITY HARGES EE GREEMENT
7.L.FDJJIA . 7
LORIDA EPARTMENT OF UVENILE USTICE NTERAGENCY GREEMENT
7.M.J.D.C.FI.’RFPA
LORIDA NCS EQUEST FOR INAL LAT PPROVAL FOR A
SKR–PIII ................................ 7
UBDIVISION TO BE NOWN AS IVERWIND HASE
8.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE ............................................................................8
9.PUBLIC ITEMS ...................................................................................8
9.A.PUBLIC HEARINGS ..........................................................................8
1.TREVISOLLC’SREQUESTTOREZONE±19.48ACRESFROMA-1
TORM-8(QUASI-JUDICIAL)(WRRS-6) ........................... 8
AS EZONED TO
April 11, 2006 2
2.CONSIDERATIONOFPROPOSEDPROPORTIONATEFAIR
SHAREORDINANCEADMENDMENTSTOLDRCHAPTER910,
CONCURRENCYMANAGEMENTSYSTEM(LEGISLATIVE) ............ 12
3.CONSIDERATIONOFPROPOSEDAMENDMENTTOCHAPTERS
913AND914:POSTEDSIGNNOTICEFORCONVENTIONAL
DEVELOPMENTPROJECTS(LEGISLATIVE) ..................................... 15
4.SECONDPUBLICHEARING:EXTENSIONOFMORATORIUMON
SMALLLOTSINGLE-FAMILYSUBDIVISIONS(LEGISLATIVE) ..... 17
B.PUBLIC DISCUSSION ITEMS .......................................................18
1.REQUESTTOSPEAKFROMGLENNW.LEGWENREGARDING
COUNTY’SUSEOFSELECTIVECODEENFORCEMENT
(4.’) ..... 18
TH
POSTPONED FROM MEETING OF APRIL AT MR LEGWENS REQUEST
2.REQUESTTOSPEAKFROMLESWALLERREGARDING
DISCUSSIONANDCONSIDERATIONRELATEDTOCODE
ENFORCEMENTCASE#2003090137 ...................................................... 19
3.REQUESTTOSPEAKFROMJOSEPHPALADINREGARDING
SECTION952.08RIGHT-OF-WAYREQUIREMENTS .......................... 21
C.PUBLIC NOTICE ITEMS ................................................................21
1.NOTICEOFSCHEDULEDPUBLICHEARINGAPRIL18,2006:
BOARDCONSIDERATIONTOAPPROVEPURCHASEOFCAPT’N
BUTCHER,INC.PARCELSOFTHE“ARCHIESMITH/JOHNNY
MAYSFISHHOUSE”ENVIRONMENTALLANDACQUISITION
PROJECT() ...................................................................... 21
ADMINISTRATIVE
2.NOTICEOFSCHEDULEDPUBLICHEARINGAPRIL18,2006:
APPLICATIONFORACABLETELEVISIONSYSTEMLICENSEBY
LITESTREAMHOLDINGS,LLC:REQUESTAPPROVALANDTHE
ISSUANCEOFACABLETELEVISIONLICENSETOOPERATEA
CABLETELEVISIONSYSTEMWITHINTHEUNINCORPORATED
AREASOFINDIANRIVERCOUNTY() ....................... 22
ADMINISTRATIVE
April 11, 2006 3
3..NOTICEOFSCHEDULEDPUBLICHEARINGSMAY2,2006:
A
INDIANRIVEREXCHANGEPACKERSINC.:REQUESTTO
AMENDTHECOMPREHENSIVEPLANTOREALIGNTHEURBAN
SERVICEAREABOUNDARYANDTOREDESIGNATE±18ACRES
TH
LOCATEDATTHESOUTHEASTCORNEROFTHE9STREET
TH
SOUTHWEST(OSLOROAD)AND74AVENUEFROMAG-1TO
C/I,ANDTOREZONETHOSE±18ACRESFROMA-1TOIL
() ................................................................................................ 22
LEGISLATIVE
3..NOTICEOFSCHEDULEDPUBLICHEARINGMAY2,2006:
B
COUNTYINITIATEDREQUESTTOAMENDTHETEXTOFTHE
CONSERVATIONELEMENT,THEPOTABLEWATER
SUB-ELEMENTANDTHESANITARYSEWERSUB-ELEMENTOF
THECOMPREHENSIVEPLAN() ....................................... 22
LEGISLATIVE
3..NOTICEOFSCHEDULEDPUBLICHEARINGMAY2,2006–
C
COUNTYINITIATEDREQUESTTOAMENDTHECAPITAL
IMPROVEMENTSELEMENTOFTHECOMPREHENSIVEPLAN
() ................................................................................................ 23
LEGISLATIVE
3..NOTICEOFSCHEDULEDPUBLICHEARINGMAY2,2006–
D
COUNTYINITIATEDREQUESTTOAMENDTHE
TRANSPORTATIONELEMENTOFTHECOMPREHENSIVEPLAN
() ................................................................................................ 23
LEGISLATIVE
10.COUNTY ADMINISTRATOR’S MATTERS - NONE ................23
11.DEPARTMENTAL MATTERS: .....................................................23
11.A.COMMUNITY DEVELOPMENT - NONE ...................................23
11.B.EMERGENCY SERVICES - NONE ...............................................23
April 11, 2006 4
11.C.GENERAL SERVICES - NONE ......................................................23
11.D.HUMAN RESOURCES - NONE .....................................................24
11.E.HUMAN SERVICES - NONE ..........................................................24
11.F.LEISURE SERVICES - NONE ........................................................24
11.G.OFFICE OF MANAGEMENT AND BUDGET - NONE .............24
11.H.RECREATION - NONE ....................................................................24
11.I.PUBLIC WORKS - CONTINUING CONTRACT
AGREEMENT FOR PROFESSIONAL SERVICES WITH G.
K. ENVIRONMENTAL, INC., WORK ORDER NO. IRDN#1
FOR INDIAN RIVER DRIVE NORTH SIDEWALK
IMPROVEMENTS - INDIAN RIVER COUNTY PROJECT
NO. 0202 ..............................................................................................24
11.J.UTILITIES SERVICES - HALA A. SHALHOUB MEDICAL
OFFICE BUILDING DEVELOPER’S AGREEMENT FOR
CONSTRUCTION OF AN OFF-SITE WATER MAIN ...............25
12.COUNTY ATTORNEY - NONE .....................................................25
13.ACHAIRMAN ARTHUR R. NEUBERGER - NONE .....................25
April 11, 2006 5
13.B.VICE CHAIRMAN GARY C. WHEELER -
ARCHITECTURAL REVIEW COMMITTEE FOR
PLANNED DEVELOPMENTS .......................................................26
13.C.COMMISSIONER SANDRA L. BOWDEN - NONE ...................26
13.D.COMMISSIONER WESLEY S. DAVIS - NONE .........................26
13.E.COMMISSIONER THOMAS S. LOWTHER - NONE ................26
14.A.EMERGENCY SERVICES DISTRICT - NONE ..........................27
14.B.SOLID WASTE DISPOSAL DISTRICT - NONE .........................27
14.C.ENVIRONMENTAL CONTROL BOARD - NONE.....................27
April 11, 2006 6
April 11, 2006
MEETING OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY
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,
April 11, 2006, at 9:00 a.m. Present were Chairman Arthur R. Neuberger, Vice Chairman Gary C.
Wheeler, Commissioners Sandra L. Bowden, Wesley S. Davis, and Thomas S. Lowther. Also
present were Administrator Joseph A. Baird, County Attorney William G. Collins II, Executive
Aide to the Board Kimberly Massung, and Deputy Clerk Patricia Ridgely.
1. CALL TO ORDER
Chairman Neuberger called the meeting to order at 9:00 a.m..
2. INVOCATION
Planning Director Stan Boling delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Davis led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
April 11, 2006 1
Chairman Neuberger announced there was an additional backup page numbered 198A for
Item 9.A.1. There were no other changes.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously added the
above page to the backup.
5. PROCLAMATIONS AND PRESENTATIONS - NONE
6. APPROVAL OF MINUTES
A. PWM3,2006–PP
UBLIC ORKSHOP ARCH ROPOSED ROPORTIONATE
SO
HARE RDINANCE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board unanimously approved
the Minutes of the Meeting of the Public Workshop March
3, 2006, as written and distributed.
B. RMM7,2006
EGULAR EETING OF ARCH
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Minutes of the Regular Meeting of March 7, 2006, as
written and distributed.
April 11, 2006 2
C. RMM14,2006
EGULAR EETING OF ARCH
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Minutes of the Regular Meeting of March 14, 2006, as
written and distributed.
7. CONSENT AGENDA
7.A. AW
PPROVAL OF ARRANTS
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Lowther, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
March 24-30, 2006, as requested.
7.B. AHRA
PPOINTMENTS TO THE ISTORIC ESOURCES DVISORY
C(HRAC)
OMMITTEE
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Lowther, the Board unanimously moved
Chris Crawford, AIA, from the Citizen-at-Large position to
the vacant Architect nominee position and appointed Anna
J. Brady to the Citizen-at-Large position, as recommended
in the memorandum of April 3, 2006.
April 11, 2006 3
7.C. AEZDA
PPOINTMENT TO THE NTERPRISE ONE EVELOPMENT GENCY
The Board acknowledged the appointment by the City of Vero Beach of Councilmember
Ken Daige to the EZDA replacing Debra Fromang.
7.D. REDC
ESIGNATION FROM THE CONOMIC EVELOPMENT OUNCIL
The Board acknowledged the resignation of Mr. David Silverman from the EDC as the real
estate appointee.
7.E. AEDC
PPOINTMENT TO THE CONOMIC EVELOPMENT OUNCIL
The Board acknowledged the appointment of Mr. Scott Carson to the EDC by the Realtors
Association of Indian River County, Inc., Government Affairs Committee.
7.F. CEIRCBN.2006-60–OR
ONTRACT XECUTION FOR ID O SLO OAD
C,8CSE27ASW
THTH
LEARING OURT TO VENUE
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Lowther, the Board unanimously authorized
the Chairman to execute the Contract Documents with PJ’s
Land Clearing & Excavating, Inc., as recommended in the
memorandum of April 3, 2006.
CONTRACT DOCUMENTS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
April 11, 2006 4
7.G. MBA012
ISCELLANEOUS UDGET MENDMENT
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Lowther, the Board unanimously approved
and adopted Resolution No. 2006-048 amending the fiscal
year 2005-2006 budget.
7.H. AFDEPAN.G0182I
PPROVAL OF GREEMENT O FOR THE NDIAN
RCMRCPC
IVER OUNTY AIN ELIEF ANAL OLLUTION ONTROL
S
TRUCTURE
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Lowther, the Board unanimously approved
the FDEP Agreement No. G0182 (grant agreement) and
authorized the Chairman to execute it on behalf of the
County, as recommended in the memorandum of March 29,
2006.
CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.I. TSS,IRCBN.
HE QUIRE UBDIVISION NDIAN IVER OUNTY ID O
2006054,AFPLC
PPROVAL OF INAL AYMENT TO ABOR ONTRACTOR
WAN.2005-022I
FOR ORK UTHORIZATION O FOR NSTALLATION OF
WM(TDC,I.)
ATER AIN HE ANELLA OMPANIES NC
April 11, 2006 5
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Lowther, the Board unanimously approved
the total labor cost of $4,589.64 and approved Application
for Payment No. 1, Final, as presented and recommended in
the memorandum of March 31, 2006.
7.J. CHSWAP,
ARLL EIGHTS UBDIVISION ATER SSESSMENT ROJECT
AFPCR
PPROVAL OF INAL AYMENT TO ONTRACTOR AND ELEASE OF
R
ETAINAGE
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Lowther, the Board unanimously approved
the total project cost of $22,323.00 and approved
Application for Payment No. 2 – Final, as final payment to
the Contractor, Dennis Myers Contracting Corp., in the
amount of $970.50, as presented (Attachment 1), all as
recommended in the memorandum of March 31, 2006.
7.K. RL–L5IRIC
ELEASE OF IEN OT OF NDIAN IVER NDUSTRIAL ENTER
(CCFA)
APACITY HARGES EE GREEMENT
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Lowther, the Board unanimously authorized
the Chairman to execute the Release of Lien relative to the
Fair Share Roadway Improvements and Water and Sewer,
as recommended in the memorandum of April 3, 2006.
April 11, 2006 6
COPY OF RELEASE IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.L. FDJJI
LORIDA EPARTMENT OF UVENILE USTICE NTERAGENCY
A
GREEMENT
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Lowther, the Board unanimously approved
the Interagency Agreement with the Department of
Juvenile Justice for a term of two years and authorized the
Chairman to sign the Interagency Confidentiality
Agreement, as recommended in the memorandum of April
4, 2006.
COPY OF PARTIALLY EXECUTED INTERAGENCY AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.M. J.D.C.FI.’RFPA
LORIDA NCS EQUEST FOR INAL LAT PPROVAL FOR A
SKR–PIII
UBDIVISION TO BE NOWN AS IVERWIND HASE
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Lowther, the Board unanimously granted
final plat approval for Riverwind – Phase III, with
recordation of the plat only after the letter of credit has been
received, reviewed, approved, and validated by the County
Attorney’s Office, and the contract executed by the County
April 11, 2006 7
Administrator, as recommended in the memorandum of
March 27, 2006.
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
9. PUBLIC ITEMS
9.A. PUBLIC HEARINGS
1. TREVISOLLC’SREQUESTTOREZONE±19.48ACRES
FROMA-1TORM-8(QUASI-JUDICIAL)(WR
AS EZONED TO
RS-6)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating reviewed the memorandum of March 31,
2006 using a PowerPoint presentation (copy on file) showing the existing land uses in the area, and
advised this was an appeal of a denial of the Planning and Zoning Commission. The applicant’s
intent is to get zoning to build multi-family housing at RM-8. The property is located at the
thth
northeast quadrant of the intersection of 16 Street and 74 Avenue. Staff felt there would be no
significant environmental impact to this apparently abandoned grove. Staff’s position is that the
request is not consistent with the Comprehensive Plan because the requested RM-8 zoning
conflicts with Policies 1.41 and 1.45 of the Future Lane Use Element. He presented three
alternatives the Board as follows: (1) to approve as RM-8 as requested, (2) to deny the requested
RM-8, or (3) to approve with a lower density such as RM-6 or RS-6. Staff and the P & Z
recommended RM-6.
April 11, 2006 8
In response to Commissioner Wheeler’s inquiry County Attorney Collins explained the
Board’s options should they choose to deny the appeal.
th
Director Keating responded to Commissioner Lowther concerning the status of 16 Street.
The Deputy Clerk. swore in members of the audience who wished to speak on this matter.
The Chairman opened the public hearing.
Charles Siemon
, a consulting land use planner and land use lawyer, 433 Plaza Real, Boca
Raton, advised that his testimony would be both his professional opinion and advocacy on behalf
of the applicant, Treviso. Through a PowerPoint (copy on file) presentation he opined that
underutilizing the land could create long-term problems associated with urban sprawl. He cited
various paragraphs of the Comprehensive Plan to support his argument. He addressed policies
1.41 and 1.45 emphasizing the use of “may” and “shall” in certain sentences and listed reasons for
disagreeing with staff on the compatibility issue. He displayed an artist’s rendering of the
proposed townhomes and stated that his client is seriously committed to building a product of
which they and the County would be proud. He stated Treviso was prepared to enter into an
agreement that would make a certain number of units available to lower income housing if that
would make a difference. He hoped the Board would give this request serious consideration and
approve the RM-8.
th
Will Barker
, 7220 16 Street, whose property is on the west boundary of the proposed
development, was worried about buffering. There is a hammock with wildlife nearby and his barn
th
and stalls are right next to this property. He was also concerned about more traffic on 16 Street,
now a dirt road.
Chuck Mechling
, 1999 Pointe West Drive, believed either RM-6 or RM-8 would make no
difference. Density would be dependent on the architecture; landscaping buffering would be a big
item.
April 11, 2006 9
Joseph Paladin
, Chairman of GAC (Growth Awareness Committee), thought workforce
housing should be addressed by local developers and the County needed to be able to govern
workforce housing percentages.
Nancy Offutt
, representing the Treasure Coast Builders Association, was neither for nor
against the applicant’s request but asked the Board to address the topic of community-wide
workforce housing. She hoped they would embrace maximizing land use where workforce
housing is appropriate.
Bob Johnson
, Coral Wind Subdivision, recommended rezoning at RS-6. He also asked
the Commissioners to discuss buying right-of-way at fair market value so the County saves money.
Mr. Siemon
responded to Chairman Neuberger’s inquiry by giving estimates of unit costs.
Chairman Neuberger thought the applicant should be able to have RM-8 without the low
priced units, but he was pleased the applicant was willing to work with the County on workforce
housing units.
County Attorney Collins reminded the Board that this is a straight rezoning and could not
be subject to agreements.
There were no additional speakers and the Chairman closed the public hearing.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Bowden, for discussion, to
rezone the property as RS-6.
Under discussion, Commissioner Bowden asked Director Keating for rebuttal on Mr.
Siemon’s opinions.
Director Keating stated that policy 1.21 is discretionary in nature because we do not have
to give the highest designation. He thought he had already determined that RM-8 is not consistent
with the Comp Plan. Director Keating also responded to Commissioner Lowther’s question on
density of surrounding properties.
April 11, 2006 10
Chairman Neuberger stated he could agree with rezoning the property either RM-6 or
RM-8.
Commissioner Lowther thought they should stick with the RM-8 and infill within the urban
service boundary.
Commissioner Wheeler defended his motion noting he looked at this (RS-6) as protecting
the single family surrounding the subject property. He believed rezoning for multifamily would
bring more traffic into a single-family neighborhood.
Commissioner Davis stated he would support the motion.
The Chairman CALLED THE QUESTION and the motion
carried by a vote of 3-2 (Chairman Neuberger &
Commissioner Lowther opposed). The Board denied the
request to rezone the subject property from A-1 to RM-8,
and rezoned the subject property from A-1 to RS-6 by
Ordinance No. 2006-010
adopting amending the Zoning
Ordinance and the accompanying zoning map for
approximately 19.48 acres located at the northeast quadrant
thth
of the intersection of 16 Street and 74 Avenue from A-1,
Agricultural –1 District (up to 1 unit/5 acres), to RS-6,
single family residential district (up to 6 units/acre); and
providing codification, severability and effective date.
The Chairman called a brief recess at 10:16 a.m. and reconvened the meeting at 10:25 a.m.
with all members present.
April 11, 2006 11
2. CONSIDERATIONOFPROPOSEDPROPORTIONATEFAIR
SHAREORDINANCEADMENDMENTSTOLDRCHAPTER
910,CONCURRENCYMANAGEMENTSYSTEM
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Director Keating reviewed the memorandum of April 3, 2006 using a PowerPoint
presentation and noted this would be the same presentation he had given at earlier meetings
regarding the same subject. He elaborated on the following topics: background, concurrency
definition, and concurrency facilities, (transportation, water, sewer, drainage, solid waste, parks &
schools). He commented that transportation is the challenge. He explained that Senate Bill 360
requires local governments to implement school concurrency by December 2, 2006. He reviewed
the wording of the proportionate share ordinance and explained that our draft ordinance is
consistent with SB 360 but does not include some of the optional provisions; it will become part of
Chapter 910 of the LDRs. He reviewed the Proportionate Share Ordinance Provisions on
improvement projects stating that the provisions apply only to development projects that impact a
deficient link and it does not apply to DRIs. The applicant is required to submit an application to
the County. He explained the payment amount calculation, vesting, impact fee credits, the impact
fee credit formula, and procedures. He also gave an example of calculations for a fictional
Proportionate Share project. He recommended the Board review the proposed ordinance, identify
any necessary changes and adopt the ordinance.
Director Keating, County Administrator Baird, and Management & Budget Director Jason
E. Brown responded to questions of the Commissioners.
The Chairman opened the public hearing.
April 11, 2006 12
Guy Barber
, 2050 Highlands Drive SW, expounded that the taxpayer is paying for growth
through taxes.
Commissioner Wheeler addressed Mr. Barber’s comments.
Joseph Paladin
supported SB 360 and staff’s recommendation. He thought staff had done
a real good job.
Bob Johnson
, Coral Wind Subdivision, thought a definition of “a credit” was needed.
County Administrator Baird responded that the impact fee credit is based on a formula. He
specified that this ordinance concerns only roads and not schools.
Director Keating explained the pending ordinance’s role in Mark Brackett’s development
and that the proportionate fair share ordinance would be used when a roadway is a deficient link
and not in the 5 year Capital Improvement Plan.
th
Ruth Stanbridge,
4835 66 Avenue, asked if the developer is also going to be paying for
the purchase of the rights-of-way. She was concerned that property of homeowners would be
taken to the point of “wiping out” homes. She feared that growth would take over family
neighborhoods.
Director Keating responded that right-of-way acquisition is included in the formula.
Bob Swift
, 6400 block of Glendale Road, stated that approval of this would not require the
Board to approve any project but it would make another tool available to solve problems and put
infrastructure in when growth occurs. It also would allow the County to collect the impact fees
before the development occurs. He encouraged the Board to adopt it. He also encouraged them to
amend the pending ordinance to allow a project that has no concurrency problems to move ahead.
At the request of Commissioner Davis, Director Keating explained the pending ordinance
would still be an issue if a project does not have a deficient link because they cannot be vested up
front. He added that after the Proportionate Fair Share Ordinance is passed, a development that
has a deficient link can pay a fee and get vested and the ones that do not have a deficient link
cannot get vested up front.
April 11, 2006 13
Brian Seymour
Attorney , Gunster Yoakley, stated the County would be saying that a
developer was in a better position if he did not meet concurrency. He thought staff had come up
with a plan that seems to make sense and encouraged the Board to make it fair so everybody is
treated the same by amending the pending ordinance.
County Attorney Collins announced that, in the interest of fair disclosure, Mr. Seymour
represents 3 clients who have sued the County over the pending ordinance doctrine. Further, he
thought that staff acknowledged there is an anomaly here. This ordinance has not been changed
because we are waiting on a consultant’s report, commissioned in January, that is due in a couple
of weeks. That report is supposed to give the County advice on the best practices as to when
people should be allowed to vest and it may turn out to be when Mr. Seymour and Mr. Swift
suggest is the appropriate time. He thought we should not lift the pending ordinance now, but
address it after the consultant’s report is in.
Mr. Seymour
predicted, even if the consultant comes back in 2 weeks, the County would
create a problem relating to some type of concurrency during the time period it would take the
Board to pass a new ordinance. He reiterated his request to treat everybody the same.
Commissioner Davis wanted to review the consultant’s report first; he stated it was never
the Board’s intention to cause any problems but to level the playing field.
Nancy Offutt
, on behalf of the Treasure Coast Builders, advised of their concern about the
accuracy and proximity of the roads being designated as being deficient.
There were no additional speakers and the Chairman closed the public hearing.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis, to approve staff’s
recommendation.
Under discussion, Commissioner Bowden inquired if there is a mechanism in this
ordinance that would allow the Board to revisit and address the formula as necessary, and Director
April 11, 2006 14
Keating assured her that if a change needs to be made, staff could and would come back to the
Board with it.
The Chairman CALLED THE QUESTION and the motion
Ordinance
carried unanimously. The Board adopted
2006-011
concerning amendments to land development
regulations (LDRs); providing findings; providing for
amendments to Chapter 910, Concurrency Management
System, by amending Table of Contents, by amending
Determination of Concurrency, by amending
Determination of Concurrency Components Section
910.09(4)(A), by increasing post building permit road
construction commencement date from 2 years from
Certificate of Occupancy to 3 years of first building permit;
by adding new proportionate fair share mitigation section;
by providing for repeal of conflicting provisions;
codification; severability; and effective date; and approved
Resolution No. 2006-049
establishing application fees for
reviewing proportionate fair share mitigation applications.
3. CONSIDERATIONOFPROPOSEDAMENDMENTTO
CHAPTERS913AND914:POSTEDSIGNNOTICEFOR
CONVENTIONALDEVELOPMENTPROJECTS
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
April 11, 2006 15
Planning Director Stan Boling reviewed the memorandum of April 7, 2006 and explained
why this posted sign notice for conventional development projects was before them for passage.
Prior to submitting their formal application, in order to give notice to nearby residents, the
developer would post a sign on the property for at least 3 weeks early in the process. For more
information, interested parties would contact the developer not the County. The sign would be
simple and an early contact would give the developer flexibility to make any changes. Staff
thought the timing was good and it would not slow down the process for the developer. He advised
that the Professional Services Advisory Committee voted 3-3 on this. There were concerns that it
would be another regulation and suggestions to look for a different way to handle it. The Planning
and Zoning Commission voted 6-0 to recommend adoption. Staff would be interested in the
feedback the developer receives. He showed an example of the sign and recommended adoption
of the proposed ordinance (Clerk’s Note: Commissioner Wheeler was briefly out of the Chambers
during this presentation.)
The Chairman opened the public hearing. There were no speakers and the Chairman
closed the public hearing.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Ordinance No. 2006-012
concerning amendments to land
development regulations (LDRs); providing findings;
providing for amendments to Chapter 913, Procedures and
Requirements for Submitting and Processing Subdivision
Applications, by amending additional information required
for preliminary plat applications in Section 913.07(4)(e), by
amending reviews in Section 913.07(4)(f)1, and providing
for amendments to Chapter 914, Site Plan Review and
Approval Procedures, by amending Conceptual Site Plans;
submittal and information requirements in Section
April 11, 2006 16
914.14(4)(b)14; by adding Section 914.14(17); by adding
Section 914.06(5)(g); by amending providing for repeal of
conflicting provisions; codification; severability; and
effective date.
4. SECONDPUBLICHEARING:EXTENSIONOF
MORATORIUMONSMALLLOTSINGLE-FAMILY
SUBDIVISIONS(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Attorney Collins reviewed the memorandum of April 4, 2006 advising that, due to
the complexity of this issue, the interested parties and staff have asked for an extension of this
moratorium. The Growth Awareness Committee is working with staff on a new ordinance for
small lot single-family subdivisions and reported they are close to bringing a new ordinance to the
Board. The draft ordinance before the Board today calls for six months’ extension but the
moratorium can be lifted when the new small lot single-family subdivisions ordinance is adopted.
The Chairman opened the public hearing.
Joseph Paladin
, Chairman of the private-sector Growth Awareness Committee (GAC)
and the Housing Awareness Committee, advised that the GAC and other community groups (Andy
Bowler for Habitat for Humanity and Ed White of the Affordable Housing Task Force) are close to
putting their recommendations together. He estimated it should take them another week or so to
work on this and then they will present it to staff.
April 11, 2006 17
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Bowden, the Board unanimously adopted
Ordinance No. 2006-013
extending the temporary
moratorium on the acceptance of applications for
administrative permits and the issuance of administrative
permit approvals for “small lot single-family subdivisions”;
providing for prohibition; providing for exceptions;
providing for conflicts; providing for severability; setting
forth expiration and effective dates.
The Chairman called a recess at 11:54 a.m. The meeting was reconvened at 12:00 p.m.
B. PUBLIC DISCUSSION ITEMS
1. REQUESTTOSPEAKFROMGLENNW.LEGWEN
REGARDINGCOUNTY’SUSEOFSELECTIVECODE
ENFORCEMENT(4
TH
POSTPONED FROM MEETING OF APRIL AT
.’)
MR LEGWENS REQUEST
Glenn Legwen
was not present and the Chairman advised that his request to speak would
be rescheduled.
April 11, 2006 18
2. REQUESTTOSPEAKFROMLESWALLERREGARDING
DISCUSSIONANDCONSIDERATIONRELATEDTOCODE
ENFORCEMENTCASE#2003090137
th
Les Waller,
owner of Indian River MRI located on 37 Street,advised of asituation in
which his business amassed a $4,400 fine imposed by the Code Enforcement Board. He asked if
there was some way the Board could reduce the fine to the actual cost for overseeing the violations.
He explained that a company hired to install the required landscaping did not perform according to
their contract. That company went out of business and another company had to be hired. There
was also a problem in obtaining large trees. He has since rectified the violations and the County
has signed off on the landscaping.
Mr. Waller
In the Board’s consideration of reducing the fine, wished to bring up a Utilities
Department issue. He advised that he has been paying for two water and sewer meters for the past
5 years and the services were not available. There was supposed to be only one water meter and
one sewer connection for the project. When he inquired about it, he was told there were two water
meters and two sewer connections. When he asked to have someone from the Department show
him how it was determined there was only one, they offered to refund the impact fees but, he
reminded the Commission, he had been paying for unused services for 5 years. He asked the
Commissioners to take into consideration the dollars already spent when they make their decision
regarding the $4,400 fine.
County Administrator Baird noted that the Utilities Department matter is separate from the
code enforcement violation and they should be treated separately. He wanted to meet with Mr.
Waller to make sure he was treated properly.
Commissioner Lowther quoted several portions of the chronological list concerning this
code enforcement case. He had a problem with extensions as well as lowering the fine. He
thought Mr. Waller should pay the fine.
Chairman Neuberger noted that Mr. Waller did not appear for some of the hearings.
April 11, 2006 19
Mr. Waller
explained that his office administrator had been handling it; the landscaping
supply company gave excuses that materials were not available; but then he found out that the
company went out of business so they had to go to an alternate source.
Chairman Neuberger agreed the fine should not be changed, but if we owe him money,
perhaps it will be a wash.
County Administrator Baird suggested the Board proceed with care. He suggested Mr.
Waller pay the fine and he would meet with Mr. Waller on the utility matter.
MOTION WAS MADE by Commissioner Lowther,
SECONDED by Commissioner Wheeler, to keep the fine
in place.
Under discussion, Commissioner Davis recounted a previous discussion with Mr. Waller
that resulted in a prior reduction of the code enforcement fine that took into consideration delays
caused by hurricanes.
The Chairman CALLED THE QUESTION and the motion
carried unanimously.
Chairman Neuberger advised Mr. Waller to get with County Administrator Baird on the
Utilities Department matter.
(Clerk’s Note: A copy of the chronology on this case was given to the Commissioners and
a copy is on file with the backup in the Office of the Clerk to the Board.)
April 11, 2006 20
3. REQUESTTOSPEAKFROMJOSEPHPALADIN
REGARDINGSECTION952.08RIGHT-OF-WAY
REQUIREMENTS
Joseph Paladin
advised he hadworked on these changes to Section 952.08 with input
from staff. He was not asking for a pending ordinance but would like to get the amendments in
place as quickly as possible. He commented on the issues addressed and noted the proposed
corrections could be found in the backup. He also stated that staff could change anything they felt
was necessary; he would be happy to work with them. He felt this revision would make the
acquisition of rights-of-way clearer.
There was CONSENSUS for staff to bring the suggested amendments forward.
(Clerk’s Note: Chairman Neuberger left the meeting at 12:13 p.m. and passed the gavel to
Vice Chairman Wheeler to chair the rest of the meeting.)
C. PUBLIC NOTICE ITEMS
1. NOTICEOFSCHEDULEDPUBLICHEARINGAPRIL18,
2006:BOARDCONSIDERATIONTOAPPROVEPURCHASE
OFCAPT’NBUTCHER,INC.PARCELSOFTHE“ARCHIE
SMITH/JOHNNYMAYSFISHHOUSE”ENVIRONMENTAL
LANDACQUISITIONPROJECT()
ADMINISTRATIVE
April 11, 2006 21
2. NOTICEOFSCHEDULEDPUBLICHEARINGAPRIL18,
2006:APPLICATIONFORACABLETELEVISIONSYSTEM
LICENSEBYLITESTREAMHOLDINGS,LLC:REQUEST
APPROVALANDTHEISSUANCEOFACABLE
TELEVISIONLICENSETOOPERATEACABLE
TELEVISIONSYSTEMWITHINTHEUNINCORPORATED
AREASOFINDIANRIVERCOUNTY()
ADMINISTRATIVE
3.. NOTICEOFSCHEDULEDPUBLICHEARINGSMAY2,2006:
A
INDIANRIVEREXCHANGEPACKERSINC.:REQUESTTO
AMENDTHECOMPREHENSIVEPLANTOREALIGNTHE
URBANSERVICEAREABOUNDARYANDTO
REDESIGNATE±18ACRESLOCATEDATTHE
TH
SOUTHEASTCORNEROFTHE9STREETSOUTHWEST
TH
(OSLOROAD)AND74AVENUEFROMAG-1TOC/I,AND
TOREZONETHOSE±18ACRESFROMA-1TOIL
()
LEGISLATIVE
3.. NOTICEOFSCHEDULEDPUBLICHEARINGMAY2,2006:
B
COUNTYINITIATEDREQUESTTOAMENDTHETEXTOF
THECONSERVATIONELEMENT,THEPOTABLEWATER
SUB-ELEMENTANDTHESANITARYSEWER
SUB-ELEMENTOFTHECOMPREHENSIVEPLAN
()
LEGISLATIVE
April 11, 2006 22
3.. NOTICEOFSCHEDULEDPUBLICHEARINGMAY2,2006–
C
COUNTYINITIATEDREQUESTTOAMENDTHECAPITAL
IMPROVEMENTSELEMENTOFTHECOMPREHENSIVE
PLAN()
LEGISLATIVE
3.. NOTICEOFSCHEDULEDPUBLICHEARINGMAY2,2006–
D
COUNTYINITIATEDREQUESTTOAMENDTHE
TRANSPORTATIONELEMENTOFTHECOMPREHENSIVE
PLAN()
LEGISLATIVE
Executive Aide Kimberly Massung read the above public notices into the record.
10. COUNTY ADMINISTRATOR’S MATTERS - NONE
11. DEPARTMENTAL MATTERS:
11.A. COMMUNITY DEVELOPMENT - NONE
11.B. EMERGENCY SERVICES - NONE
11.C. GENERAL SERVICES - NONE
April 11, 2006 23
11.D. HUMAN RESOURCES - NONE
11.E. HUMAN SERVICES - NONE
11.F. LEISURE SERVICES - NONE
11.G. OFFICE OF MANAGEMENT AND BUDGET - NONE
11.H. RECREATION - NONE
11.I. PUBLIC WORKS - CONTINUING CONTRACT AGREEMENT FOR
PROFESSIONAL SERVICES WITH G. K. ENVIRONMENTAL,
INC., WORK ORDER NO. IRDN#1 FOR INDIAN RIVER
DRIVE NORTH SIDEWALK IMPROVEMENTS - INDIAN
RIVER COUNTY PROJECT NO. 0202
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously (by a vote of
4-0, Chairman Neuberger absent), approved Alternative
April 11, 2006 24
No. 1 awarding Work Order No. IRDN#1 to G. K.
Environmental, Inc. under the Agreement dated March 15,
2005, as recommended in the memorandum of March 21,
2006.
WORK ORDER IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.J. UTILITIES SERVICES - HALA A. SHALHOUB MEDICAL OFFICE
BUILDING DEVELOPER’S AGREEMENT FOR
CONSTRUCTION OF AN OFF-SITE WATER MAIN
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously (by a vote of
4-0, Chairman Neuberger absent) approved the
Developer’s Agreement, authorized the Chairman to
execute same, and authorized the Department of Utility
Services to recover capacity charges and line extension fees
from future customers, as recommended in the
memorandum of March 28, 2006.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
12. COUNTY ATTORNEY - NONE
13.A CHAIRMAN ARTHUR R. NEUBERGER - NONE
April 11, 2006 25
13.B. VICE CHAIRMAN GARY C. WHEELER - ARCHITECTURAL
REVIEW COMMITTEE FOR PLANNED DEVELOPMENTS
Commissioner Wheeler asked the Board to consider directing staff to look at the pros and
cons for an Architectural Review Committee (ARC) for Planned Developments (PDs) and come
back with their recommendations.
Commissioner Lowther agreed it might be a good idea.
Commissioner Davis did not want a committee to determine what color a person could
paint their house. He also did not want to see more communities that look like Eagle Trace or
Carriage Lakes.
Commissioner Wheeler agreed with both comments.
Commissioner Bowden thought it was appropriate to consider such a committee.
Staff indicated they understood what the Commissioners were looking for in future PDs.
There was CONSENSUS for staff to research the pros and cons of establishing an ARC for
PDs and bring back their recommendations.
13.C. COMMISSIONER SANDRA L. BOWDEN - NONE
13.D. COMMISSIONER WESLEY S. DAVIS - NONE
13.E. COMMISSIONER THOMAS S. LOWTHER - NONE
April 11, 2006 26
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 12:20 p.m.
ATTEST:
____________________ _________________________
Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman
Minutes Approved: _________________
BCC/PR/2006 Minutes
April 11, 2006 27