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INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF APRIL 12, 2005
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE...................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS ............................................................................................................ 2
5.A.PRESENTATION BY HUMAN RESOURCES DEPARTMENT ......... 2
6.APPROVAL OF MINUTES – MEETING OF FEBRUARY 22,
2005.................................................................................................................. 2
7.CONSENT AGENDA ................................................................................... 3
7.A.W ..................................................................................................................3
ARRANTS
7.B.CSCA2005 .....................................3
ITY OF EBASTIAN OMMITTEE PPOINTMENTS FOR
7.C.RETPI–FPA-C
EPLAT OF AGLE RACE HASE INAL LAT PPROVAL ONTRACT FOR
CRI-CDE
ONSTRUCTION OF EQUIRED MPROVEMENTS ASH EPOSIT AND SCROW
A–MGAVB,LLC–MG
GREEMENT IZNER RANDE T ERO EACH IZNER RANDE AT
VBII,LLC–MGVBIII,LLC .......................3
ERO EACH IZNER RANDE AT ERO EACH
APRIL 12, 2005
1
7.D.O--CTCD–P
UTOFOUNTY RAVEL FOR OMMISSIONER AVIS ARTICIPATION IN
FAC(FAC)CL
LORIDA SSOCIATION OF OUNTIES O OMMISSIONER OBBYIST
P–A25-29,2005 ..................................................................................4
ROGRAM PRIL
8.A.SUPERVISOR OF ELECTIONS KAY CLEM – BUDGET
AMENDMENT .............................................................................................. 4
9.A.1KENNETH KENNEDY’S REQUEST TO REZONE PROPERTY
(#1) 11.52 ACRES FROM A-1 TO RM-6; REZONE PROPERTY
(#2) 27.69 ACRES FROM A-1 TO RS-6 .................................................... 5
9.B.1.PUBLIC DISCUSSION ITEM – FRED MENSING DISCUSSING
TH
SOLID WASTE ILLEGAL TRASH DUMPING AND 129
STREET DRAINAGE AND POSSIBLE PAVING ................................ 10
9.C.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON APRIL 19, 2005 ................................................................ 12
1.LDR(LDR)A:P
AND EVELOPMENT EGULATIONS MENDMENT ROPOSED
--US
CHANGES FOR DONATIONS OF RIGHTOFWAY WITHIN THE RBAN ERVICE
A ........................................................................................................................ 12
REA
2.LDR(LDR)A:R-
AND EVELOPMENT EGULATION MENDMENT ECONSIDERATION
“-”
OF SUBDIVISION ORDINANCE PROVISIONS FOR BONDINGOUT AND
......................................................................................... 12
MAINTENANCE SECURITY
10.A.COUNTY ADMINISTRATOR’S MATTERS – GOVERNMENT
ACCESS CHANNEL UPDATE (COMCAST CABLE CHANNEL
27) .................................................................................................................. 12
11.C.1.CITRUS BMP (BEST MANAGEMENT PRACTICE)
CONTRACT #006800 EXTENSION TO OCTOBER 2, 2005 –
APRIL 12, 2005
2
FLORIDA DEPARTMENT OF AGRICULTURE & CONSUMER
SERVICES (FDACS) AND COUNTY – EXTENSION TO
OCTOBER 2, 2005 ...................................................................................... 13
11.I.1.FLORIDA EAST COAST (FEC) RAILWAY UTILITY
CROSSING ANNUAL LICENSE FEES.................................................. 13
11.J.1.WATER TANK MAINTENANCE CONTRACT WITH UTILITY
SERVICE CO. INC. - NOTICE OF CANCELLATION –
AUTHORIZATION FOR REQUEST FOR QUALIFICATIONS
AND BIDS .................................................................................................... 14
11.J.2.THE SQUIRE SUBDIVISION PETITION WATER SERVICE
THRD
(57 AVENUE NORTH OF 33 STREET) – PROJECT NO. UCP
- 2535 ............................................................................................................. 14
12.COUNTY ATTORNEY – GROWTH AWARENESS
COMMITTEE - IMPLEMENTATION OF CERTAIN
RECOMMENDATIONS THROUGH INVOKING THE
PENDING ORDINANCE DOCTRINE. .................................................. 15
13.A.CHAIRMAN THOMAS S. LOWTHER - REQUEST FROM
MARTIN COUNTY FOR A JOINT MEETING OF THE BOARDS
........................................................................................................................ 17
13.B.VICE CHAIRMAN ARTHUR R. NEUBERGER – SUPPORT OF
DREDGING AND MAINTAINING THE SEBASTIAN INLET
CHANNEL ................................................................................................... 17
APRIL 12, 2005
3
14.A.EMERGENCY SERVICES DISTRICT .................................................. 17
1.APREG
PPROVAL TO URCHASE A EPLACEMENT MERGENCY ENERATOR FOR
S1................................................................................................................. 18
TATION
14.B.SOLID WASTE DISPOSAL DISTRICT - NONE .................................. 18
14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 18
APRIL 12, 2005
4
April 12, 2005
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
th
Regular Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on
Tuesday, April 12, 2005, at 6:00 p.m. Present were Chairman Thomas S. Lowther, Vice Chairman
Arthur R, Neuberger, and Commissioners Sandra L. Bowden, Wesley S. Davis and Gary C.
Wheeler. Also present were County Administrator Joseph Baird, Assistant County Attorney Bill
DeBraal, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Maria I. Suesz.
1. CALL TO ORDER
Chairman Thomas S. Lowther called the meeting to order at 6:00 p.m.
2. INVOCATION
Planning Director Stan Boling delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Lowther led the Pledge of Allegiance to the Flag.
Chairman Lowther acknowledged Boy Scout Troop 513 for attending the meeting.
APRIL 12, 2005
1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Additional Item 9.A.1. Letter of opposition for Rezoning of Kennedy Groves
Backup: from Cecelia “Cissy” Sumner CPDT
Item 10. School District of Indian River County Press Release on
County Government Channels
Addition: Item 13.A. Request from Martin County Board of County
Commissioners for a Joint Meeting of the Boards
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
approved the additions and deletions to the agenda.
5.A. PRESENTATION BY HUMAN RESOURCES DEPARTMENT
Human Resources Director Donna Kaspari provided a handout of her PowerPoint
presentation (copy on file) detailing the department’s programs. She advised of the new Employee
Service Awards Program. They will be recognizing years of service to the County (15+ years) and
an Employee of the Quarter for exceptional performance and/or action above and beyond their
normal work duties.
Commissioner Davis wanted staff to recognize the benefits of direct deposit: faster
access to your pay and cost savings to the County; Director Kaspari stated she would do an article
in the County newsletter.
6. APPROVAL OF MINUTES – MEETING OF FEBRUARY 22,
2005
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of February 22, 2005. There were none.
APRIL 12, 2005
2
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Regular Meeting of February 22, 2005, as
written and distributed.
7. CONSENT AGENDA
Chairman Lowther requested Item 7.C. be pulled for discussion.
7.A. W
ARRANTS
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
approved the list of Warrants as issued by the Clerk to the
Board for March 25, 2005, as requested in the
memorandum of March 31, 2005.
7.B. CSCA2005
ITY OF EBASTIAN OMMITTEE PPOINTMENTS FOR
The Board noted the committee appointments for the
record.
7.C. RETPI–FPA-
EPLAT OF AGLE RACE HASE INAL LAT PPROVAL
CCRI-
ONTRACT FOR ONSTRUCTION OF EQUIRED MPROVEMENTS
CDEA–MGA
ASH EPOSIT AND SCROW GREEMENT IZNER RANDE T
VB,LLC–MGVBII,LLC–
ERO EACH IZNER RANDE AT ERO EACH
MGVBIII,LLC
IZNER RANDE AT ERO EACH
APRIL 12, 2005
3
Upon Commissioner Lowther’s question, Planning Director Stan Boling stated the
only replat requirements not completed are subdivision improvements (roadway stubouts) that will
be completed in Phase II.
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously granted
final plat approval for the Replat of Eagle Trace Phase I and
authorized the Chairman to sign the Contract for
Construction of Required Improvements and approved the
Cash Deposit and Escrow Agreement, as recommended in
the memorandum of April 4, 2005.
7.D. O--CTCD–
UTOFOUNTY RAVEL FOR OMMISSIONER AVIS
PFAC(FAC)
ARTICIPATION IN LORIDA SSOCIATION OF OUNTIES O
CLP–A25-29,2005
OMMISSIONER OBBYIST ROGRAM PRIL
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board unanimously
authorized the out-of-County travel for Commissioner
Davis, as requested in the memorandum of April 6, 2005.
8.A. SUPERVISOR OF ELECTIONS KAY CLEM – BUDGET
AMENDMENT
Supervisor of Elections Kay Clem stated the Legislature began reforming her
department. At this point, her budget is at a twenty-five percent (25%) increase over last year with
unfunded mandates. The Chairman responded that after his trip to Tallahassee he realized that the
State is trying to pass many expenses as they can to the County level.
APRIL 12, 2005
4
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Budget Amendment for the amount $50,114.00, as
requested in the memorandum of April 4, 2005.
9.A.1 KENNETH KENNEDY’S REQUEST TO REZONE PROPERTY
(#1) 11.52 ACRES FROM A-1 TO RM-6; REZONE PROPERTY
(#2) 27.69 ACRES FROM A-1 TO RS-6
(CLERK’S NOTE: The Chairman suggested the properties be reviewed separately,
and the Commissioners agreed.
Community Development Director Bob Keating used a PowerPoint presentation
(copy on file) to review Property #1. This request is to rezone 11.52 acres from A-1, agricultural
district, to RM-6, multi-family residential district. It is located approximately 550 feet north of
th
SR-60 and approximately 1800 feet west of 74 Avenue. After the Planning and Zoning
Committee (P&Z) denied the rezoning (a vote of 3-3), staff received notice from the applicant
appealing the P&Z Committee’s decision. Staff recommended rezoning approval by the Board.
The Chairman opened the public hearing.
Bruce Barkett,
Attorneywas present on behalf of the applicant to answer any
questions. He asked to reserve time for rebuttal at the end of the public hearing.
Mary Martin
, 2150 Pine Creek Blvd, resides west of Property #1. She was not
there to oppose the rezoning, but wanted to request three concerns:
1. That no burning be conducted on the site when the grove is cleared;
APRIL 12, 2005
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2. That access roads in and around the property be placed as far away from
Pine Creek as possible to avoid the road noise, and
3. That a wall or berm is placed around the perimeter of the property to
minimize the noise and lights.
Director Keating informed the Board they do not have a development proposal for
this property at this time. He responded to the concern of burning at the site. This has to be done
in an air curtain incinerator under the supervision of the fire department, and he doubted that
burning would occur on this property. As for the access roads, they will most-likely find
multi-family units on the property line. The berm or wall will be reviewed with the developer
when he presents the site plan.
th
Susan Boyd,
8025 24 Street, questioned the Board approving every rezoning item
that came before them and questioned the Board’s right to deny. She feared the approval of
allowing zoning for multi-family units on this property for the sake of conformity did not make
sense to her. She encouraged changing the Comp Plan if the Plan is not working.
There were no additional speakers and the Chairman closed the public hearing.
Commissioner Davis felt a need for multi-family units in the area. This is the first
development that falls under the new LDRs. He was anxious to see this achieved.
ON MOTION Commissioner Davis, SECONDED by Vice
Chairman Neuberger, the Board unanimously adopted
Ordinance 2005-010, amending the zoning ordinance and
the accompanying zoning map for 11.52 acres located
approximately 550 feet north of SR-60 and approximately
th
1800 feet west of 74 Avenue from A-1, agricultural
district (up to 1 unit/5 acres), to RM-6, multiple-family
residential district (up to 6 units/acre).
APRIL 12, 2005
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Next Director Keating presented Property #2 using his PowerPoint presentation
(copy on file). The applicant initially requested RM-6 zoning. Staff advised him RM-6 was
inappropriate and the applicant changed his request to RS-6. The P&Z Committee denied this
request in the same motion as Property #1. Staff recommended the Board approve this request.
th
Chairman Lowther wanted a caveat to pave 26 Street and interconnect Indian River
th
Estates and West Gate Colony with the intent to direct traffic to 26 Street instead of SR-60. Staff
will consider these recommendations when the developer presents their site plan.
Discussion ensued regarding the Pending Ordinance Doctrine that will apply to this
property and Director Keating explained the process involved.
In response to Commissioner Wheeler’s question regarding the Board’s options,
Attorney DeBraal explained they must comply with the Comp Plan. The only option they have is
to deny or agree with the proposal of RS-6.
Chairman Lowther opened the Public Hearing on Property #2.
th
Janet Bollinger,
2280 80 Court, pointed out that West Side Village is built-out to
only two units per acre not six.
th
Susan Boyd,
8025 24 Street, tried to understand the rezoning process and wanted
Ms. Boyd
to know what was preventing this property from being rezoned RS-3. asked the Board
to postpone approval and amend the Comp Plan first.
Discussion continued.
Chairman Lowther directed the discussion back to the item before them.
Joseph Paladin,
Chairman of the Growth Awareness Committee and President of
Atlantic Coast Development, personally believed the new regulations will prevent development to
be more than 2.8 units per acre. He recommended the Board approve the rezoning.
APRIL 12, 2005
7
Bob Johnson
, Coral Wind Subdivision, commented that his neighbors are looking
for less density in their community. He felt the Board only had one choice and that is to deny the
rezoning and have the developer resubmit his request later for RS-3.
th
Al Vadere
2380 80 Court, was concerned who would monitor the development to
see that it is built-out only to 2.8 units per acre or less and he questioned the timetable.
Discussion ensued.
Bruce Barkett
posed several questions regarding the Comp Plan to Director Bob
Keating on the proposed rezoning of agricultural land near the urban service area. He wanted to
establish a record that would stand in court. He handed out copoies of the Future Land Use
Element Table 2.13 (page 44 of the backup) to be made part of the record.
th
Peter Nyhart,
2335 80 Court, wanted to ask Attorney Barkett if the applicant is
agreeing with the 2.7 or 2.8 units per acre. Bruce Barkett replied that he does not represent the
applicant for the development.
Commissioner Davis spoke on behalf of the Board that there is no assurance that no
more than 2.8 units per acre would be developed, however, they are working as aggressively as
possible to see that these recommendations are put forth on this development.
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
deny staff’s recommendation.
Commissioner Bowden commented this property is challenged with compatibility.
There is no assurance on the build-out, just an educated guess.
Commissioner Wheeler opposed this request for several reasons. He found only one
RS-6 zoned subdivision to be in line with this rezoning. He felt it was unfortunate that RS-3 and
APRIL 12, 2005
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RS-4 were dropped from Table 2.13. When it was adopted it was not brought into compliance
with the LDRs. He stated the Visioning Plan is to reduce densities along the urban service line.
Lastly, he was concerned with the traffic and the fact of knowing how many trips will be going
down the road because they look at each development individually. He preferred to see this
property rezoned as an RS-3.
Commissioner Davis opposed the denial.
The Chairman CALLED THE QUESTION and the motion
failed 2-3, Commissioners Neuberger, Davis and Lowther
opposed.
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, by a 3-2 vote, Commissioners
Bowden and Wheeler opposed, the Board adopted
Ordinance 2005-011, amending the zoning ordinance and
the accompanying zoning map for 27.69 acres located
th
south of 26 Street and approximately 1300 feet east of
nd
82 Avenue from A-1, agricultural 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.
(CLERK’S NOTE: The Chairman called for a brief recess at 7:35 p.m. and he
reconvened the meeting at 7.41 p.m. with all members present.)
APRIL 12, 2005
9
9.B.1. PUBLIC DISCUSSION ITEM – FRED MENSING DISCUSSING
TH
SOLID WASTE ILLEGAL TRASH DUMPING AND 129
STREET DRAINAGE AND POSSIBLE PAVING
th
Fred Mensing,
7580 129 Street, Sebastian, informed the Board people who have
been turned away from the transfer station with their trash and instructed to bring it to the landfill
th
have chosen to dump their load at the end of 130 Street instead. He suggested the Board
implement a method of identification at the transfer station to be able to track those individuals to
cite them for illegal dumping.
Mr. Mensing
wanted the Board to repair the drainage problem that exists at the end
th
of 129 Street. He gave a detailed description of the drainage problem. Permits were issued by St.
Johns River Water Management District (SJRWMD) giving the County permission to complete
the drainage work and he felt it was time that the County corrected the problem.
Public Works Director Jim Davis explained the engineers currently are working on
enlarging the swale to see if they can alleviate the drainage problem.
th
Mr. Mensing
also wanted the Board to cover the cost to pave 129 Street to
alleviate the dust from the CMK industrial site traffic. He let it be known that the current
Commissioners were not involved with the dispute between Indian River County/Fred Mensing
th
and Mr. C. M. Kirrie (see BCC meeting 9-16-2003) regarding the CMK project at the end of 129
Street.
th
Director Davis stated that in the early 1990’s there was a petition to have 129 Street
paved, but the residents did not want to go ahead with the project at that time.
Discussion ensued.
There was CONSENSUS for Commissioner Davis to work
with County staff to rectify the drainage problem.
APRIL 12, 2005
10
Veda Seibert,
7610 129th Street, explained the drainage problem exists at the
corner of her property. She expressed concern of a possible lawsuit if a child or someone gets hurt
in this ditch. Mr. Kirrie runs his pump at night and she understands that this is illegal. She has
made the Sheriff’s department aware of this situation. She described Mr. Kirrie’s unreasonable
attitude and asked the Board for their help. Commissioner Wheeler thought Ms. Seibert should
contact a lawyer. However, Assistant County Attorney DeBraal believed that might be in
violation of the St. John’s River Water Management District (SJRWMD)
Discussion continued and Director Davis explained there is no legal issue because
the pump is in the City of Sebastian, however, it pumps to the mouth of county property. The City
Code Enforcement of Sebastian has told Mr. Kirrie to stop pumping.
There was CONSENSUS for County Administrator Baird
to send a letter to the City of Sebastian asking for their
assistance.
th
Laura Laporte,
7700 129 Street, wanted to know if the residents will be assessed
for the cost to fix the drainage easement in the right-of-way. Mr. Kerrie built a damn prior to the
hurricanes in front of several properties so his property would not flood. He also knocked her
fence down with a skip-loader.
(CLERK’S NOTE: The Chairman called for a recess at 7:36 p.m. and he
reconvened the meeting at 7:41 p.m. with all members present.)
APRIL 12, 2005
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9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON APRIL 19, 2005
1. LDR(LDR)A:
AND EVELOPMENT EGULATIONS MENDMENT
P--
ROPOSED CHANGES FOR DONATIONS OF RIGHTOFWAY WITHIN
USA
THE RBAN ERVICE REA
2. LDR(LDR)A:
AND EVELOPMENT EGULATION MENDMENT
R-
ECONSIDERATION OF SUBDIVISION ORDINANCE PROVISIONS FOR
“-”
BONDINGOUT AND MAINTENANCE SECURITY
The Chairman read the notices into the record.
10.A. COUNTY ADMINISTRATOR’S MATTERS – GOVERNMENT
ACCESS CHANNEL UPDATE (COMCAST CABLE CHANNEL
27)
County Administrator Baird informed the Board on April 18, 2005, Indian River
County Board of County Commissioners will begin broadcasting live its County Government
access channel on Comcast Cable Channel 27. Rebroadcasts will run on the same schedule
previously established on Channel 13. In addition to local government meetings, the Government
Channel 27 will carry the Florida channel for legislative action from Tallahassee, Military news
for the Pentagon channel, Waterways, NASA launches and more.
NO ACTION REQUIRED OR TAKEN.
APRIL 12, 2005
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11.C.1. CITRUS BMP (BEST MANAGEMENT PRACTICE)
CONTRACT #006800 EXTENSION TO OCTOBER 2, 2005 –
FLORIDA DEPARTMENT OF AGRICULTURE &
CONSUMER SERVICES (FDACS) AND COUNTY –
EXTENSION TO OCTOBER 2, 2005
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved
Amendment #1, as presented from the Florida Department
of Agriculture & Consumer Services and authorized the
Chairman to execute same, as recommended in the
memorandum of April 5, 2005.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.I.1. FLORIDA EAST COAST (FEC) RAILWAY UTILITY
CROSSING ANNUAL LICENSE FEES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Alternative #1 agreeing to pay the increase and authorized
the Chairman to sign the agreement letter, as recommended
in the memorandum of March 31, 2005.
LETTER OF AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
APRIL 12, 2005
13
11.J.1. WATER TANK MAINTENANCE CONTRACT WITH UTILITY
SERVICE CO. INC. - NOTICE OF CANCELLATION –
AUTHORIZATION FOR REQUEST FOR QUALIFICATIONS
AND BIDS
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously authorized
the Chairman, Co-Chairman, and one additional
Commissioner to execute the Notice of Cancellation to
Utility Services Co., Inc., and authorized staff to solicit
qualifications and public bids for a multi-year annual term
Tank Maintenance Contract through the County’s
Purchasing Office, as recommended in the memorandum of
March 28, 2005.
NOTICE IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.J.2. THE SQUIRE SUBDIVISION PETITION WATER SERVICE
THRD
(57 AVENUE NORTH OF 33 STREET) – PROJECT NO.
UCP - 2535
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously authorized
the Utilities Department to proceed with the engineering
design work and negotiate a contract for survey services
with one of the approved survey consultants, in preparation
APRIL 12, 2005
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for the special assessment project, as recommended in the
memorandum of April 1, 2005.
12. COUNTY ATTORNEY – GROWTH AWARENESS
COMMITTEE - IMPLEMENTATION OF CERTAIN
RECOMMENDATIONS THROUGH INVOKING THE
PENDING ORDINANCE DOCTRINE.
Assistant County Attorney Bill DeBraal briefed the Board of action taken leading up
to presenting the Pending Ordinance Doctrine and the legal aspects involved. He mentioned the
caveat should the Board not act on it in due time and make it ordinance, developers that rely on it
and if it fails or does not come to pass, may be able to come back for damages due to the
detrimental reliance on the ordinance without the public hearing. He did not see any risks if they
move forward and invoke the Doctrine.
MOTION WAS MADE by Vice Chairman Neuberger,
SECONDED by Commissioner Wheeler for discussion, to
invoke the Pending Ordinance Doctrine and direct staff to
apply the modifications as recommended in the
memorandum of April 6, 2005.
Commissioner Wheeler wanted Chapter 913, Item 6 eliminated, leaving the
th
affidavit of exemption at 19 lots, not 4 lots. He referred to the March 15 Board meeting when the
Board reached a consensus for the affidavit of exemption to be maintained at the 19-lot threshold
eliminating the 4 lots. He continued seeking clarification of Item 9.
Planning Director Stan Boling suggested the Board consider adding:
1. A 50-foot buffer requirement for projects adjacent to the urban service area
and bordered by agriculture.
APRIL 12, 2005
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2. A 25-foot perimeter buffer requirements between single-family residential
subdivisions.
Bill Beardslee,
620 Tomahawk Trail, talked about the original proposal that
included a 25 foot perimeter buffer around the exterior of all subdivisions to eliminate having
walls.
Mr. Beardslee
Discussion continued regarding affordable housing. suggested
using small lot subdivisions. The cost of land and the cost of construction, hopefully, will be offset
by the increase in density.
Vice Chairman Neuberger RESTATED THE MOTION to invoke the Pending
Ordinance Doctrine with the following changes:
Chapter 913, eliminating #6.
Adding a 50 foot buffer requirement for projects adjacent to the Urban
Service Area where land on the other side is zoned agriculture;
Increasing the perimeter buffer between subdivisions to 25 feet.
The Chairman CALLED THE QUESTION and the motion
carried unanimously. (The Board invoked the Pending
Ordinance Doctrine with respect to Category 1 changes
\[pages 95-97\]; eliminating #6, under Chapter 913 \[page
96\], including a 50-foot buffer requirement for projects
adjacent to the Urban Service Area where land on the other
side is zoned agriculture; increasing the perimeter buffer of
subdivisions to 25 feet; directed staff to apply these
modifications to all new applications; and directed staff to
process ordinances to amend the Land Development
APRIL 12, 2005
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Regulations with respect to both Category 1 and Category 2
changes \[pages 97-99\]).
13.A. CHAIRMAN THOMAS S. LOWTHER - REQUEST FROM
MARTIN COUNTY FOR A JOINT MEETING OF THE
BOARDS
CONSENSUS for Executive Aide Kim Massung to contact
Martin County regarding setting up a Joint Meeting at the
Richardson Center for May 19, 2005.
13.B. VICE CHAIRMAN ARTHUR R. NEUBERGER – SUPPORT OF
DREDGING AND MAINTAINING THE SEBASTIAN INLET
CHANNEL
Martin Smith
Administrator of Sebastian Inlet Taxing District requested the Board
support the dredging of the Sebastian Inlet. This is something they have been trying to do for years
and years and he was seeking our support.
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board unanimously
authorized the County Attorney to draft a resolution to be
sent to the Sebastian Inlet Taxing District supporting the
dredging and maintaining of the Sebastian Inlet Channel.
14.A. EMERGENCY SERVICES DISTRICT
APRIL 12, 2005
17
The Chairman announced that immediately upon adjournment, the Board would
reconvene as the Board of Commissioners of the Emergency Services District. The Minutes are
being prepared separately and is appended to this document.
1. APRE
PPROVAL TO URCHASE A EPLACEMENT MERGENCY
GS1
ENERATOR FOR TATION
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 9:11 p.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman
Minutes Approved: _________________
BCC/MIS/2005Minutes
APRIL 12, 2005
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