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INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF APRIL 13, 2004
1. CALL TO ORDER ......................................................................................................... 1
2. INVOCATION ............................................................................................................... 1
3. PLEDGE OF ALLEGIANCE .......................................................................................... 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ....................... 1
5. PROCLAMATIONS AND PRESENTATIONS .............................................................. 2
5.A.CAPIRSUFS
ERTIFICATE OF PPRECIATION FOR ARTICIPATION IN NDIAN IVER TEP P LORIDA TATEWIDE
IF13,2004PJL.K,CHD
NITIATIVE OF EBRUARY RESENTED BY EAN LINE OUNTY EALTH EPARTMENT
A .................................................................................................................................... 2
DMINISTRATOR
5.B.PRAJE.CH15YS
ROCLAMATION AND ETIREMENT WARD TO AMES HANDLER FOR IS EARS OF ERVICE AS
CAIRC .............................................................................. 3
OUNTY DMINISTRATOR OF NDIAN IVER OUNTY
6.A. APPROVAL OF MINUTES – SPECIAL MEETING OF FEBRUARY 4, 2004 ............. 3
6.B. APPROVAL OF MINUTES – REGULAR MEETING OF MARCH 9, 2004 ................. 4
7. CONSENT AGENDA ..................................................................................................... 4
7.AAW .......................................................................................................................... 4
PPROVAL OF ARRANTS
7.B.EDC(EDC)-ADB,R
CONOMIC EVELOPMENT OUNCIL PPOINTMENT OF OUG OURNIQUE EPRESENTATIVE OF
LI ................................................................................................................................... 5
OCAL NDUSTRY
7.C.O--CT–CM–OO,IIS
UTOFOUNTY RAVEL OMMISSIONER ACHT UTSOURCING UTLOOK MPACT OF NDIA EMINAR
–A22,2004–PB............................................................................................................. 5
PRIL ALM EACH
1
APRIL 13, 2004
7.D.MVB–RSTS–CC
AINSTREET AT ERO EACH EPLAT OF ABAL RACE UBDIVISION ONTRACT FOR ONSTRUCTION
RSI ................................................................................................ 6
OF EQUIRED IDEWALK MPROVEMENTS
7.E.R2004-038-PA–TRRTC–
ESOLUTION ROPERTY CQUISITION AX OLL EMOVAL AND AX ANCELLATION
FDA–IRBR--W ...................... 6
OUNTAINHEAD EVELOPMENT SSOCIATES NDIAN IVER OULEVARD IGHTOFAY
7.F.W’CS–JM,PESWD
ORKERS OMPENSATION ETTLEMENT OSEPH ILLER RIOR MPLOYEE OF OLID ASTE ISPOSAL
D(SWDD) ................................................................................................................................. 7
ISTRICT
7.G.SPXII,L.–FPALLPD,PII ....................... 7
MIEGIEL ARTNERS TD INAL LAT PPROVAL FOR EGEND AKES HASE
7.H.O--CT–JB,CA–FGF
UTOFOUNTY RAVEL OSEPH AIRD OUNTY DMINISTRATOR LORIDA OVERNMENT INANCE
OASTM1M5,2004G
FFICER SSOCIATION EMINAR IN AMPA FROM AY THROUGH AY AND OVERNMENT
FOASMJ11J16,2004 ....... 8
INANCIAL FFICERS SSOCIATION EMINAR IN ILWAUKEE FROM UNE THROUGH UNE
7.I.GTF–VCN’ARO .................. 8
ROWTH ASK ORCE ICE HAIRMAN EUBERGERS PPOINTMENT OF ICHARD UJEVOLK
7.J.PCAJE.CHSC
ROCLAMATION AND ERTIFICATE OF PPRECIATION TO AMES HANDLER FOR IS ERVICE AS OUNTY
AIRC ............................................................................................ 9
DMINISTRATOR OF NDIAN IVER OUNTY
9.A.1. PUBLIC HEARING – RESOLUTION 2004-039 – VERO BEACH INVESTMENTS,
LLC – CONSIDERATION OF PROPOSED CHANGE TO VILLAGE
GREEN/COUNTRYSIDE DEVELOPMENT OF REGIONAL IMPACT (DRI)
DEVELOPMENT ORDER (D.O.) (COUNTRYSIDE MOBILE HOME PARK - VERO
PALM ESTATES MOBILE HOME PARK – TURTLE RUN FORMERLY KNOWN AS
BLUE WATER SUBDIVISION) – Quasi-Judicial........................................................... 9
9.A.2. PUBLIC HEARING – ORDINANCE 2004-011 – VERO BEACH INVESTMENTS,
LLC – REZONE APPROXIMATELY 21.2 ACRES FROM RMH-8 TO RM-6
(VILLAGE GREEN/COUNTRYSIDE/TURTLE RUN) – Quasi-Judicial ...................... 12
9.B.1. PUBLIC DISCUSSION ITEM – BRIAN T. HEADY – REGARDING EQUAL
TREATMENT OF CITIZENS AND THE IMPOSITION OF IMPACT FEES .............. 15
2
APRIL 13, 2004
9.B.2. PUBLIC DISCUSSION ITEM - LINDA BOLTON, FORMER VICE MAYOR OF
WELLINGTON, FLORIDA – REGARDING INTERIM ADMINISTRATIVE
INITIATIVE (PROPOSED INTERIM CONTROL GROWTH MEASURES) .............. 16
9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON APRIL 20,
2004 .............................................................................................................................. 16
9.C.1.SL,LLC–RRA30.80AA-1PD
EGOVIA AKES EQUEST TO EZONE PPROXIMATELY CRES FROM TO AND
CPPDP/PA.TSPL
ONCURRENT RELIMINARY LANLAT PPROVAL HE UBJECT ROPERTY IS OCATED AT THE
SC58AMRC.TPSL
TH
OUTHWEST ORNER OF VENUE AND THE AIN ELIEF ANAL HE ROPOSED EGOVIA AKES
PWC82S-FU30.80APWD
ROJECT ILL ONTAIN INGLEAMILY NITS ON THE ENTIRE CRE ARCEL ITH A ENSITY
2.7UPA(L) ................................................................................................. 16
OF NITS ER CRE EGISLATIVE
11.A.1. ECONOMIC DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT
CONSULTANT SELECTION COMMITTEE RECOMMENDATION – INDIAN
RIVER PARK OF COMMERCE – SR-60/I-95 INDUSTRIAL PARK (ANDY EASTON
& ASSOCIATES) ......................................................................................................... 17
11.B.1. RESOLUTION 2004-040 – ADOPTING THE 2004 INDIAN RIVER COUNTY
CONTINUITY OF GOVERNMENT/CONTINUITY OF OPERATIONS PLAN –
STATE DIVISION OF EMERGENCY MANAGEMENT (UNIVERSITY OF SOUTH
FLORIDA) .................................................................................................................... 17
11.B.2. ACTS, INDIAN RIVER ESTATES – RENEWAL OF CLASS “E1” CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE WHEELCHAIR
SERVICES ................................................................................................................... 18
11.B.3. HEALTHSOUTH TREASURE COAST REHABILITATION HOSPITAL – RENEWAL
OF CLASS “E1” CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO
PROVIDE WHEELCHAIR AND COMFORT STRETCHER SERVICES.................... 18
3
APRIL 13, 2004
11.B.4. INDIAN RIVER SHORES DEPARTMENT OF PUBLIC SAFETY – RENEWAL OF
CLASS “A” CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY ......... 19
TH
11.I.1. 84 AVENUE SOUTH (AKA DAVIS ROAD) – COUNTY MAINTENANCE –
GRAVES (INDIAN RIVER FRUIT GROWERS) RIGHT-OF-WAY ........................... 20
11.J.1. CENTRAL (GIFFORD) WASTEWATER TREATMENT FACILITY EXPANSION –
MASTELLER & MOLER, INC. WORK AUTHORIZATION #4 ................................. 21
11.J.2. NORTH COUNTY REVERSE OSMOSIS PLANT – PHASE II EXPANSION TO 7.5
MGD - CAMP DRESSER & MCKEE PROFESSIONAL SERVICES IN DESIGN,
PERMITTING AND CONSTRUCTION OBSERVATION – WORK
AUTHORIZATION #1 ................................................................................................. 22
11.J.3. SUNLAND DEVELOPMENT, INC. – DIAMOND LAKES SUBDIVISION AND
FOUR LAKES SUBDIVISION – DEVELOPER’S AGREEMENT FOR
CONSTRUCTION OF REGIONAL SEWAGE COLLECTION/TRANSMISSION
SYSTEM ...................................................................................................................... 23
11.J.4. UTILITIES DEPARTMENT OPERATIONS AND MAINTENANCE FACILITY –
BROWN AND CALDWELL WORK ORDER #1 – RFQ 6037 ..................................... 24
11.J.5. DIVOSTA PROPERTIES – WATERWAY VILLAGE – ECOTECH CONSULTANTS,
INC. INVESTIGATION OF INTEGRATED STORMWATER/WETLAND/RO
CONCENTRATE SYSTEM – SCOPE-OF-WORK ...................................................... 24
13.A. CHAIRMAN CAROLINE D. GINN ............................................................................ 26
13.B. VICE CHAIRMAN ARTHUR R. NEUBERGER ........................................................ 26
13.C. COMMISSIONER FRAN B. ADAMS ......................................................................... 26
4
APRIL 13, 2004
RD
13.D. COMMISSIONER THOMAS S. LOWTHER – DISCUSSION OF 43 AVENUE AND
TH
5 STREET SW .......................................................................................................... 26
13.E.1. COMMISSIONER KENNETH R. MACHT – REPORT ON NACO CONFERENCE IN
WASHINGTON, D.C. – FEBRUARY 27 TO MARCH 2, 2004 ................................... 26
13.E.2. COMMISSIONER KENNETH R. MACHT – REPORT ON LEGISLATIVE DAY IN
TALLAHASSEE, FL. – MARCH 24, 2004 ................................................................... 27
13.E.3. COMMISSIONER KENNETH R. MACHT – DOUGLAS SCHOOL, WABASSO –
REQUEST TO RENAME TO “THE FREDERICK DOUGLASS WABASSO
COMMUNITY CENTER” (DASIE HOPE CENTER) .................................................. 27
14.A. EMERGENCY SERVICES DISTRICT ....................................................................... 28
14.A.1.AM–M16,2004 ............................................................................................ 28
PPROVAL OF INUTES ARCH
14.A.2.T-8FE(PM)–PAFAR
EN IRE QUIPMENT IERCE ANUFACTURING URCHASE GREEMENT OR EPLACEMENT
APA(LT)–LCB#99-150 .................................... 28
ERIAL LATFORM PPARATUS ADDER RUCK AKE OUNTY ID
14.B. SOLID WASTE DISPOSAL DISTRICT ..................................................................... 28
14.C. ENVIRONMENTAL CONTROL BOARD ................................................................... 28
5
APRIL 13, 2004
April 13, 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,
April 13, 2004, at 9:00 a.m. Present were Caroline D. Ginn, Chairman; Arthur R. Neuberger, Vice
Chairman; and Commissioners Thomas S. Lowther and Kenneth R. Macht. Commissioner Fran B.
Adams was absent. Also present were Joseph Baird, County Administrator; William G. Collins II,
County Attorney; and Patricia “PJ” Jones, Deputy Clerk.
1. CALL TO ORDER
Chairman Ginn called the meeting to order.
2. INVOCATION
Father Coyle of Trinity Episcopal Church delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Ginn led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Ginn requested the following changes to today’s Agenda:
1
APRIL 13, 2004
1.Add Item 7.I., Vice Chairman Neuberger’s appointment of Richard Oujevolk to
the Growth Task Force.
2.Move Item 5.B., Proclamation and Certificate of Appreciation to James E.
Chandler for His Service as County Administrator to Item 7.J.
rdth
3.Add Item 13.D., Commissioner Lowther Discussion of 43 Avenue and 5
Street SW.
4.Add additional backup for Item 13.E.3., Commissioner Macht’s Request to
Rename the Douglas School “The Frederick Douglass Wabasso Community
Center”.
5.Defer Item 14.A.2., Emergency Services District Replacement of Aerial
Platform Apparatus (Ladder Truck) to April 20, 2004.
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, the Board, by
a 4-0 vote (Commissioner Adams absent), unanimously
made the above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. CAPIR
ERTIFICATE OF PPRECIATION FOR ARTICIPATION IN NDIAN IVER
SUFSIF13,2004
TEP P LORIDA TATEWIDE NITIATIVE OF EBRUARY
PJL.K,CHD
RESENTED BY EAN LINE OUNTY EALTH EPARTMENT
A
DMINISTRATOR
Jean Kline
thanked the Board for their support of the initiative and noted that there
th
were 13,685 participants who walked and ran 25,000 miles statewide. Friday, February 13, was
Indian River County's turn and there were more than 233 participants who walked and ran 30.7
miles. She expressed thanks to the various police departments, the Sheriff’s department and the
Highway Patrol who helped to provide a safe journey for the participants, and to the School District
2
APRIL 13, 2004
for providing a bus to give the walkers a ride back to their cars. She also thanked the many
volunteers including physical education teachers from many of the schools, the Sebastian River High
School running team, Indian River Memorial Hospital, Sebastian Hospital, the County Recreation
Department staff, the City of Sebastian, and members of the Gifford Front Porch organization.
Everyone had a great time. She especially thanked Chairman Ginn for kicking off the event and
walking the first leg of the course and presented a plaque to Chairman Ginn bearing her picture
during the walk.
5.B. PRAJE.C
ROCLAMATION AND ETIREMENT WARD TO AMES HANDLER
H15YSCAI
FOR IS EARS OF ERVICE AS OUNTY DMINISTRATOR OF NDIAN
RC
IVER OUNTY
Moved to Item 7.J.
6.A. APPROVAL OF MINUTES – SPECIAL MEETING OF
FEBRUARY 4, 2004
The Chairman asked if there were any corrections or additions to the Minutes of the
Special Meeting of February 4, 2004. There were none.
ON MOTION by Commissioner Macht, SECONDED
by Commissioner Lowther, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously approved
the Minutes of the Special Meeting of February 4, 2004,
as written and distributed.
3
APRIL 13, 2004
6.B. APPROVAL OF MINUTES – REGULAR MEETING OF
MARCH 9, 2004
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of March 9, 2004. There were none.
ON MOTION by Commissioner Macht, SECONDED
by Commissioner Lowther, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously approved
the Minutes of the Regular Meeting of March 9, 2004,
as written and distributed.
7. CONSENT AGENDA
Commissioner Macht asked that Item 7.C. be separated for an explanation.
7.A AW
PPROVAL OF ARRANTS
ON MOTION by Commissioner Lowther, SECONDED
by Commissioner Macht, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously approved
the list of Warrants as issued by the Clerk to the Board
for March 26-April 1, 2004, as requested.
4
APRIL 13, 2004
7.B. EDC(EDC)-AD
CONOMIC EVELOPMENT OUNCIL PPOINTMENT OF OUG
B,RLI
OURNIQUE EPRESENTATIVE OF OCAL NDUSTRY
ON MOTION by Commissioner Lowther, SECONDED
by Commissioner Macht, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously appointed
Doug Bournique as a member of the Economic
Development Council (EDC) as a representative of
Local Industry, as requested.
7.C. O--CT–CM–O
UTOFOUNTY RAVEL OMMISSIONER ACHT UTSOURCING
O,IIS–A22,2004–PB
UTLOOK MPACT OF NDIA EMINAR PRIL ALM EACH
Commissioner Macht believed this seminar should be attended by all of the Commissioners
as it deals with outsourcing jobs, particularly concentrating on India. This outsourcing is purported
to be the heart of the new economy and, although this topic may seem to be beyond the business of
county government, he believed it would behoove the entire Board to attend.
ON MOTION by Commissioner Macht, SECONDED
by Commissioner Neuberger, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously approved
out-of-County travel for any or all Commissioners to
attend the Outsourcing Outlook, Impact of India
Seminar, in Palm Beach on April 22, 2004.
5
APRIL 13, 2004
7.D. MVB–RSTS
AINSTREET AT ERO EACH EPLAT OF ABAL RACE UBDIVISION
–CCRS
ONTRACT FOR ONSTRUCTION OF EQUIRED IDEWALK
I
MPROVEMENTS
ON MOTION by Commissioner Lowther, SECONDED
by Commissioner Macht, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously authorized
the Chairman to execute the Contract for Construction
of Required Sidewalk Improvements No.
SD-01-10-24-SIDECFC (99080039), as recommended
in the memorandum.
CONTRACTISONFILEINTHEOFFICE
OFTHECLERKTOTHEBOARD
7.E. R2004-038-PA–TR
ESOLUTION ROPERTY CQUISITION AX OLL
RTC–FD
EMOVAL AND AX ANCELLATION OUNTAINHEAD EVELOPMENT
A–IRBR--W
SSOCIATES NDIAN IVER OULEVARD IGHTOFAY
ON MOTION by Commissioner Lowther, SECONDED
by Commissioner Macht, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously adopted
Resolution 2004-038 Canceling Taxes Upon Publicly
Owned Lands, Pursuant to Section 196.28, Florida
Statutes (Fountainhead Development Associates –
Indian River Boulevard Right-of-Way).
6
APRIL 13, 2004
7.F. W’CS–JM,P
ORKERS OMPENSATION ETTLEMENT OSEPH ILLER RIOR
ESWDD(SWDD)
MPLOYEE OF OLID ASTE ISPOSAL ISTRICT
ON MOTION by Commissioner Lowther, SECONDED
by Commissioner Macht, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously approved
settlement of the 2 claims in the mediated amount of
$130,000, plus an attorney’s fee of $10,000; with the
County’s portion of the payment being $20,000 and the
remainder to be paid by the excess carrier; as requested.
7.G. SPXII,L.–FPAL
MIEGIEL ARTNERS TD INAL LAT PPROVAL FOR EGEND
LPD,PII
AKES HASE
ON MOTION by Commissioner Lowther, SECONDED
by Commissioner Macht, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously granted
final plat approval for Legend Lakes Phase II PD and
authorized the Chairman to execute the Contract for
Construction, as recommended in the memorandum.
CONTRACTWILLBEONFILEINTHEOFFICE
OFTHECLERKTOTHEBOARD
WHENEXECUTEDANDRECEIVED
7
APRIL 13, 2004
7.H. O--CT–JB,CA
UTOFOUNTY RAVEL OSEPH AIRD OUNTY DMINISTRATOR
–FGFOAS
LORIDA OVERNMENT INANCE FFICER SSOCIATION EMINAR
TM1M5,2004G
IN AMPA FROM AY THROUGH AY AND OVERNMENT
FOASM
INANCIAL FFICERS SSOCIATION EMINAR IN ILWAUKEE FROM
J11J16,2004
UNE THROUGH UNE
ON MOTION by Commissioner Lowther, SECONDED
by Commissioner Macht, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously approved
out-of-County travel for County Administrator Joseph
Baird to attend the Florida Government Finance Officer
Association Conference in Tampa, Florida from May 1
to May 5, 2004; and the Government Financial Officers
Association Conference in Milwaukee, Wisconsin from
thth
June 11 to 16, 2004; as requested.
7.I. GTF–VCN’A
ROWTH ASK ORCE ICE HAIRMAN EUBERGERS PPOINTMENT
RO
OF ICHARD UJEVOLK
ON MOTION by Commissioner Lowther, SECONDED
by Commissioner Macht, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously approved
the appointment of Richard Oujevolk to the Growth
Task Force, as requested.
8
APRIL 13, 2004
7.J. PRAJE.C
ROCLAMATION AND ETIREMENT WARD TO AMES HANDLER
H15YSCAI
FOR IS EARS OF ERVICE AS OUNTY DMINISTRATOR OF NDIAN
RC
IVER OUNTY
The proclamation and certificate were entered into the record.
9.A.1. PUBLIC HEARING – RESOLUTION 2004-039 – VERO BEACH
INVESTMENTS, LLC – CONSIDERATION OF PROPOSED
CHANGE TO VILLAGE GREEN/COUNTRYSIDE
DEVELOPMENT OF REGIONAL IMPACT (DRI)
DEVELOPMENT ORDER (D.O.) (COUNTRYSIDE MOBILE
HOME PARK - VERO PALM ESTATES MOBILE HOME
PARK – TURTLE RUN FORMERLY KNOWN AS BLUE
WATER SUBDIVISION) – QUASI-JUDICIAL
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling presented the project to the Board with the assistance
of several maps on the Elmo and stated that this change is also the subject of the next item, 9.A.2.,
which covers the rezoning of the property. He noted that the main entrance to this project will be
ndth
on 82 Avenue, with a secondary entrance on 12 Street.
Chairman Ginn questioned what would happen to the plans should the land be sold
to another developer, and Director Boling emphasized that the plan runs with the land and the
Development Order covering this project does not expire until 2010.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
9
APRIL 13, 2004
Brian Heady
noted that without government control and without a moratorium,
developers can go in the right direction based on the laws of supply and demand.
Bob Johnson
, Coral Wind Subdivision, asked whether it would be appropriate to
have the developer allocate lands for a school in this property, and Community Development
Director Bob Keating responded that this is a small, 46-acre site.
In response to questioning, Director Boling stated that a buffer will be required
along the north boundary of this property, while no buffer is required to the west where mobile
homes are located, although the developer’s plans will probably call for buffering.
Also in response to questioning, Public Works Director Jim Davis stated that the
nd
82 Avenue paving project is not 100% funded at this time, but the developer's agreement will call
for a fair share contribution to that paving based on front footage.
John Williams
, Smugglers Cove, felt the paving contribution should be based on
traffic trips generated rather than front footage. He felt the equitable thing to do would be to pave
nd
the entire 82 Avenue project and then recover the monies from developers as they come in so that
existing taxpayers do not have to pay for it.
Director Davis explained that the project has 2 entrances, the primary one being on
ndth
82 Avenue and the secondary one on 12 Street. The developer will be required to pay for turn
ndth
lanes on 82 Avenue but probably not on 12 Street.
Scott McGuire
, of Knight, McGuire & Associates, representing Vero Beach
Investments, noted that the density of this project is considerably less than the mobile home parks
th
on the surrounding properties. The developer has agreed to contribute to the 12 Street paving
although this is not a requirement for this project. Also, the buffer question will be addressed when
the site plan application is brought before the Board.
10
APRIL 13, 2004
The Chairman asked if anyone else wished to be heard with regard to this matter.
There being none, the Chairman closed the public hearing.
Director Keating observed that the impact fee revisions will come to the Board
probably by the second meeting in May and this developer will be subject to the new fees when they
are adopted.
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, the Board, by
a 4-0 vote (Commissioner Adams absent), unanimously
determined that the request did not constitute a
substantial deviation, and adopted Resolution 2004-039
amending the Development Order (DO) approved by the
Board of County Commissioners for the Development of
Regional Impact (DRI) project formerly known as
Village Green West and Village Green South,
subsequently known as Countryside North and
Countryside South and now known as Countryside
Mobile Home Park, Vero Palm Estates Mobile Home
Park, and Turtle Run, formerly known as Blue Water
Subdivision (Vero Beach Investments, LLC).
11
APRIL 13, 2004
9.A.2. PUBLIC HEARING – ORDINANCE 2004-011 – VERO BEACH
INVESTMENTS, LLC – REZONE APPROXIMATELY 21.2
ACRES FROM RMH-8 TO RM-6 (VILLAGE
GREEN/COUNTRYSIDE/TURTLE RUN) – QUASI-JUDICIAL
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating presented the request to the Board
with the aid of a PowerPoint presentation (copy on file with the backup for today’s meeting) and
stated that the applicant intends to develop single-family homes but could have mobile homes under
this zoning. This project is exempt from a concurrency review but that will be looked at when the
site plans and plats come in.
Commissioner Macht noted that there are a number of canopy trees on this property
which could be relocated and wondered if the new tree ordinance will apply to this piece of
property.
Director Keating stated that, if the new tree ordinance is in place when the
development application is filed, the developer will have to comply with the new regulations.
The Chairman opened the public hearing and asked if anyone wished to be heard
with regard to this matter.
GwendolynRigg
, resident of Heron Cay which abuts this property, asked to have
a buffer included between the 2 projects. She also stated that if she lived in this new development
thth
and came off I-95, chances are she would turn right on 90 Avenue and left onto 12 Street,
th
requiring a left turn into the development. She felt that a left-turn lane on 12 Street would be very
important. She also questioned the traffic impact on existing developments such as Heron Cay and
felt that current residents would bear the cost of any improvements. She also noted that the mobile
12
APRIL 13, 2004
home communities in the area are all 55+ communities and felt that should be taken into
consideration, as well as where the wildlife in the area will go when these lands are cleared. She also
expressed her fears about ending up like the residents of Safari Pines, a mobile home community
where residents of many years were forced to move due to the change in ownership of the land.
Scott McGuire
of Knight, McGuire & Associates, Inc. stated that there is no intent
to make this a 55+ development. He also noted that there is no requirement for a buffer between the
project and Heron Cay but the developer has planned a Type C buffer.
Chairman Ginn questioned the safety problems which could arise from not requiring
right and left turn lanes, and Director Keating responded that staff is now looking at the
requirements contained in the LDRs and will be coming to the Board with recommendations about
current and/or changed standards.
nd
In response to questioning, Director Keating stated that 82 Avenue is a major
arterial roadway and improvements are included in the long range plans. Right now the pavement
ndrd
on 82 Avenue stops at 33 Street. The Department of Transportation is doing a project
development study which is the first phase of rebuilding the road. The design will start this summer
nd
and 82 Avenue will be a new roadway all the way to CR-510.
Commissioner Lowther felt that adds to the importance of requiring right and left
turn lanes.
Chairman Ginn felt those improvements should be done at the developer’s expense.
The State Legislature needs to look at the problem of requiring developers to stick to their
development plans. If the developer decides to sell the land prior to completing the mobile home
development, there could be serious consequences.
13
APRIL 13, 2004
Bob Johnson
felt there should be some sort of monetary reimbursement from the
developer for the proposed new school, and Director Keating responded that is the purpose of the
impact fee. Those funds are placed in a special account and can only be spent for those purposes.
Chairman Ginn questioned the timing of the impact fee study, and Director Keating
stated that a draft report will probably be ready tomorrow.
Chairman Ginn wanted everyone to be aware that the Community Development
Department is working overtime to address all the current issues and she wanted recognition of their
hard work and dedication.
John Williams, ,
Smugglers Cove suggested a regulation to give mobile home park
residents the option of purchasing their park within a 2-year time period to avoid the problem of an
absent developer who could sell the land out from under the park residents.
Chairman Ginn questioned whether those residents could be given a right of first
refusal, and County Attorney Will Collins responded that he has no expertise in the mobile homes
law.
Chairman Ginn asked him to check into the regulations concerning making such a
property an “over 55” development.
The Chairman asked if anyone else wished to be heard regarding this matter. There
being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Lowther, SECONDED
by Commissioner Neuberger, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously adopted
14
APRIL 13, 2004
Ordinance 2004-011 amending the Zoning Ordinance
and the accompanying Zoning Map for approximately
th
21.2 acres located North of 12 Street and
nd
approximately 1962 feet West of 82 Avenue, from
RMH-8, Residential Mobile Home District (up to 8
unit/acre) to RM-6, Multi-Family Residential District
(up to 6 units/acre), and providing codification,
severability, and effective date (Vero Beach
Investments, LLC – Village Green/Countryside Mobile
Home Park Development of Regional Impact
(DRI)/Turtle Run).
9.B.1. PUBLIC DISCUSSION ITEM – BRIAN T. HEADY –
REGARDING EQUAL TREATMENT OF CITIZENS AND THE
IMPOSITION OF IMPACT FEES
Brian Heady
, Vero Beach, reiterated his complaints that the Board has wrongfully limited
his remarks to 3 minutes while allowing others more time for comments. He believed that the
Chairman “bangs” the gavel when he is addressing a subject the Board does not wish to hear. He
stated that his comments had been cut short today and he would bring them up again at next week’s
meeting.
NO ACTION REQUIRED OR TAKEN.
15
APRIL 13, 2004
9.B.2. PUBLIC DISCUSSION ITEM - LINDA BOLTON, FORMER
VICE MAYOR OF WELLINGTON, FLORIDA – REGARDING
INTERIM ADMINISTRATIVE INITIATIVE (PROPOSED
INTERIM CONTROL GROWTH MEASURES)
Linda Bolton
, Former Vice Mayor of Wellington, Florida, resident of Indian Trails,
Indian River Shores, requested the Board revisit the development moratorium as she believed the
current system is unfair to existing residents by making them responsible for expanding the
infrastructure to meet the demands of new construction. She suggested 2 new regulations: a school
concurrency program which would tie the progress of new development to existing classroom
space; and a program whereby developers could float a bond along with a county special assessment
to help pay for development. She felt that no action should be taken until the impact fee study is
ready and recommendations have been made to the Board. (Copy of Ms. Bolton’s handout is on file
with the backup for today’s meeting.)
NO ACTION REQUIRED OR TAKEN.
9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON
APRIL 20, 2004
9.C.1. SL,LLC–RRA30.80
EGOVIA AKES EQUEST TO EZONE PPROXIMATELY
AA-1PDCPPD
CRES FROM TO AND ONCURRENT RELIMINARY
P/PA.TSPL
LANLAT PPROVAL HE UBJECT ROPERTY IS OCATED AT THE
SC58AMRC.
TH
OUTHWEST ORNER OF VENUE AND THE AIN ELIEF ANAL
TPSLPWC82
HE ROPOSED EGOVIA AKES ROJECT ILL ONTAIN
S-FU30.80APW
INGLEAMILY NITS ON THE ENTIRE CRE ARCEL ITH A
D2.7UPA(L)
ENSITY OF NITS ER CRE EGISLATIVE
16
APRIL 13, 2004
The Chairman read the notice into the record.
11.A.1. ECONOMIC DEVELOPMENT COMMUNITY
DEVELOPMENT BLOCK GRANT CONSULTANT
SELECTION COMMITTEE RECOMMENDATION – INDIAN
RIVER PARK OF COMMERCE – SR-60/I-95 INDUSTRIAL
PARK (ANDY EASTON & ASSOCIATES)
Community Development Director Bob Keating noted that Andy Easton &
Associates is the first ranked firm and they have agreed to prepare the grant application at no charge
as long as they get the administrative work associated with the grant. They have also agreed that if
the grant is not awarded, there will be no charge to the County.
ON MOTION by Commissioner Macht, SECONDED
by Commissioner Neuberger, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously approved
the consultant selection prioritization list and authorized
staff to begin contract negotiations with the number one
ranked firm, Andy Easton & Associates, as
recommended by staff.
11.B.1. RESOLUTION 2004-040 – ADOPTING THE 2004 INDIAN
RIVER COUNTY CONTINUITY OF
GOVERNMENT/CONTINUITY OF OPERATIONS PLAN –
STATE DIVISION OF EMERGENCY MANAGEMENT
(UNIVERSITY OF SOUTH FLORIDA)
17
APRIL 13, 2004
ON MOTION by Commissioner Macht, SECONDED
by Commissioner Neuberger, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously adopted
Resolution 2004-040 adopting a Continuity of
Operations Plan for Indian River County.
11.B.2. ACTS, INDIAN RIVER ESTATES – RENEWAL OF CLASS
“E1” CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY TO PROVIDE WHEELCHAIR SERVICES
ON MOTION by Commissioner Lowther, SECONDED
by Commissioner Neuberger, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously approved
renewal of the Class “E1” Certificate of Public
Convenience and necessity for ACTS, Indian River
Estates, to be effective for a period of 2 years from May
7, 2004 to May 7, 2006, as recommended by staff.
COPYOFCERTIFICATEISONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
11.B.3. HEALTHSOUTH TREASURE COAST REHABILITATION
HOSPITAL – RENEWAL OF CLASS “E1” CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE
WHEELCHAIR AND COMFORT STRETCHER SERVICES
18
APRIL 13, 2004
ON MOTION by Commissioner Lowther, SECONDED
by Commissioner Neuberger, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously approved
renewal of the Class “E1” Certificate of Public
Convenience and Necessity for HealthSouth Treasure
Coast Rehabilitation Hospital, to be effective for a
period of 2 years from May 16, 2004 to May 16, 2006,
as recommended by staff.
COPYOFCERTIFICATEISONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
11.B.4. INDIAN RIVER SHORES DEPARTMENT OF PUBLIC
SAFETY – RENEWAL OF CLASS “A” CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Macht, the Board, by a
4-0 vote (Commissioner Adams absent), unanimously
approved renewal of the Class “A” Certificate of Public
Convenience and Necessity for Indian River Shores
Department of Public Safety, to be effective for a period
of 2 years from April 13, 2004 to April 13, 2006, as
recommended by staff.
COPYOFCERTIFICATEISONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
19
APRIL 13, 2004
TH
11.I.1. 84 AVENUE SOUTH (AKA DAVIS ROAD) – COUNTY
MAINTENANCE – GRAVES (INDIAN RIVER FRUIT
GROWERS) RIGHT-OF-WAY
(CLERK’S NOTE: THIS ITEM WAS ON THE AGENDA FOR THE MARCH 16, 2004
MEETING UNDER ITEM 11.I.1. AND WAS TABLED AT THAT TIME)
Public Works Director Jim Davis reminded the Board that this item was deferred to
allow the County Attorney time to examine an old deed recorded on January 29, 1930. The County
Attorney has advised that he has examined that deed and it is valid. Jeff Bass of Graves Brothers
has advised that he also is in possession of deeds to property overlaying the right-of-way and
showing a different description of the existing road and he would like to meet with the County
Attorney regarding this matter. Staff is recommending that this issue be considered with the road
maintenance study which is being prepared by Carter & Associates. That study will be ready
sometime this summer.
Upon questioning by Commissioner Neuberger, County Attorney Will Collins
advised that, if there are adverse claims, the County could be in a position to ask the court for a
declaratory judgment.
Commissioner Neuberger noted that there is a title policy in the backup material, and
County Attorney Collins stated that is only an Ownership and Encumbrance report which is not the
same thing as a title policy which guarantees ownership.
County Administrator Baird stated that Mr. Bass needs more time and he was not
notified to be at this meeting.
County Attorney Collins noted that there may well be other instruments of record
which would need to be examined.
Commissioner Lowther suggested that the County Attorney be given time to meet
with Mr. Bass and to examine the public records.
20
APRIL 13, 2004
Thomas M. Barnes
was recognized by the Chair and stated that his family owns
th
170 acres on 74 and has been growing fruit there since the 1940s, so there are still active groves
th
out 84 Avenue. He asked that the Board not prevent him from hauling fruit in and out of that
property and stated that his family may also own a part of the road.
Jeff Bass
of Graves Brothers stated they possess information which is contrary to
that referred to by Mr. Collins. He was emphatic in stating that the road is not where the deed says
it is. He agreed to meet with Mr. Collins on this matter.
ON MOTION by Commissioner Lowther, SECONDED
by Commissioner Macht, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously directed
County Attorney Collins to meet with the appropriate
parties and bring back a recommendation to the Board.
11.J.1. CENTRAL (GIFFORD) WASTEWATER TREATMENT
FACILITY EXPANSION – MASTELLER & MOLER, INC.
WORK AUTHORIZATION #4
ON MOTION by Commissioner Macht, SECONDED
by Commissioner Lowther, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously (a)
approved Work Authorization #4 to Masteller & Moler
in the amount of $11,005 for conducting a ‘due
diligence’ of the vacant parcels located west of the
WWTF site; (b) should the due diligence investigation
21
APRIL 13, 2004
prove favorable, authorized staff to commence
negotiating with the applicable property owners for the
sale of said parcels and return to the Board to present
their findings; and (c) authorized the Chairman to
execute the Agreement for Professional Services; all as
recommended by staff.
WORKAUTHORIZATIONISONFILEINTHEOFFICE
OFTHECLERKTOTHEBOARD
11.J.2. NORTH COUNTY REVERSE OSMOSIS PLANT – PHASE II
EXPANSION TO 7.5 MGD - CAMP DRESSER & MCKEE
PROFESSIONAL SERVICES IN DESIGN, PERMITTING AND
CONSTRUCTION OBSERVATION – WORK
AUTHORIZATION #1
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, the Board, by
a 4-0 vote (Commissioner Adams absent), unanimously
approved Work Authorization #1 to CDM, Inc. in the
amount of $950,510 for design, permitting and
construction observation and authorized the Chairman
to execute the Agreement for Professional Services, as
recommended by staff.
WORKAUTHORIZATIONISONFILEINTHEOFFICE
OFTHECLERKTOTHEBOARD
22
APRIL 13, 2004
11.J.3. SUNLAND DEVELOPMENT, INC. – DIAMOND LAKES
SUBDIVISION AND FOUR LAKES SUBDIVISION –
DEVELOPER’S AGREEMENT FOR CONSTRUCTION OF
REGIONAL SEWAGE COLLECTION/TRANSMISSION
SYSTEM
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, the Board, by
a 4-0 vote (Commissioner Adams absent), unanimously
approved the Developer’s Agreement as presented;
authorized the Department of Utility Services to recover
connection charges, capacity charges, and line extension
fees from future developments; and authorized the
Chairman to execute the Agreement; all as
recommended by staff.
AGREEMENTISONFILEINTHEOFFICE
OFTHECLERKTOTHEBOARD
23
APRIL 13, 2004
11.J.4. UTILITIES DEPARTMENT OPERATIONS AND
MAINTENANCE FACILITY – BROWN AND CALDWELL
WORK ORDER #1 – RFQ 6037
ON MOTION by Commissioner Lowther, SECONDED
by Commissioner Neuberger, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously authorized
design, permitting and bidding of the Utility
Department’s Operation and Maintenance Facility;
approved Work Order #1 with Brown and Caldwell in
the amount of $316,000 to design and manage
construction of said facility; authorized the Chairman to
execute the Work Order; and authorized funding from
Utility Operations; all as recommended by staff.
WORKORDERISONFILEINTHEOFFICE
OFTHECLERKTOTHEBOARD
11.J.5. DIVOSTA PROPERTIES – WATERWAY VILLAGE –
ECOTECH CONSULTANTS, INC. INVESTIGATION OF
INTEGRATED STORMWATER/WETLAND/RO
CONCENTRATE SYSTEM – SCOPE-OF-WORK
Utilities Department Director Erik Olson gave a brief explanation of the project and
stated that DiVosta has evinced interest in cooperation with the County. He is asking for permission
to explore the possibilities before meeting with the Department of Environmental Protection.
24
APRIL 13, 2004
Commissioner Macht questioned what would happen if DiVosta was not approved
by the DEP, and Director Olson stated that would make no difference to the County’s project which
would continue. There will still be grant funding to supplement this project from SJRWMD.
Commissioner Neuberger questioned getting DiVosta to pay the consultant’s fee,
and Director Olson stated that the County’s time is compressed because of meetings scheduled with
DEP. DEP will impose constraints on the County if brine is discharged so there are significant
benefits to the County. The County will definitely get the funds back as well as avoid being
compelled to set up a deepwell injection system which should be avoided at all cost.
ON MOTION by Commissioner Macht, SECONDED
by Commissioner Lowther, the Board, by a 4-0 vote
(Commissioner Adams absent), unanimously approved
the Scope of Work to Ecotech Consultants, Inc. in the
amount of $15,120 for professional services to
investigate the feasibility of integrating the adjacent
development parcels (DiVosta Properties) as a suitable
ecological system for the commingling of integrated
water resources with development plans for a
stormwater/wetlands management system and
authorized the Chairman to execute the Agreement, as
recommended by staff.
LETTERAGREEMENTISONFILEINTHEOFFICE
OFTHECLERKTOTHEBOARD
25
APRIL 13, 2004
13.A. CHAIRMAN CAROLINE D. GINN
None.
13.B. VICE CHAIRMAN ARTHUR R. NEUBERGER
None.
13.C. COMMISSIONER FRAN B. ADAMS
None.
13.D. COMMISSIONER THOMAS S. LOWTHER – DISCUSSION OF
RDTH
43 AVENUE AND 5 STREET SW
Commissioner Lowther referenced the recent accidents at this intersection and
stated that the stop sign is there but is difficult to see. He asked Director Davis to address the matter
th
of the stop sign, as well as the bridge at 5 Street SW.
Public Works Director Jim Davis noted that a larger stop sign is being installed at the
rd
intersection and there is currently in design a replacement of the 43 Avenue canal bridge, as well
rdrd
as a new bridge along 43 Avenue at the South Relief Canal, with left turn lanes on 43. Those
projects are being “fast tracked” and all 4 quadrants of that intersection will have turn lanes.
NO ACTION REQUIRED OR TAKEN.
13.E.1. COMMISSIONER KENNETH R. MACHT – REPORT ON
NACO CONFERENCE IN WASHINGTON, D.C. – FEBRUARY
27 TO MARCH 2, 2004
26
APRIL 13, 2004
Commissioner Macht stated that he and Commissioner Lowther attended the
conference. In his opinion, the conference has been going downhill for the past 3 to 4 years. In the
past the association concentrated their efforts to affect significant legislative action or relief;
however, little of interest was produced this year. They are so far behind us in both our Legislative
efforts and our staff that it was a waste to attend. Absent any great improvement, the Board may
want to discontinue attendance.
Commissioner Lowther concurred this was his first conference and he did not feel
anything was gained from attending.
Commissioner Macht also added that NACO does not even bother to communicate
with our representatives. He brought back some literature and will distribute that as well as copies
of a critique he is working on.
NO ACTION REQUIRED OR TAKEN.
13.E.2. COMMISSIONER KENNETH R. MACHT – REPORT ON
LEGISLATIVE DAY IN TALLAHASSEE, FL. – MARCH 24,
2004
Commissioner Macht agreed with Chairman Ginn that the Legislative Delegation
does a good job in keeping the County updated about current legislative action.
NO ACTION REQUIRED OR TAKEN.
13.E.3. COMMISSIONER KENNETH R. MACHT – DOUGLAS
SCHOOL, WABASSO – REQUEST TO RENAME TO “THE
FREDERICK DOUGLASS WABASSO COMMUNITY
CENTER” (DASIE HOPE CENTER)
27
APRIL 13, 2004
Commissioner Macht stated that the Dasie Hope Center is moving to the Douglass
School. The County owns that building and he would like to see the building renamed and adopted
as a community center, making sure that the name is properly spelled. He emphasized that the
whole street and surrounding neighborhood has improved since the Center has been opened. He
was not asking for action today but for consideration of the request.
NO ACTION REQUIRED OR TAKEN.
14.A. EMERGENCY SERVICES DISTRICT
14.A.1. AM–M16,2004
PPROVAL OF INUTES ARCH
14.A.2. T-8FE(PM)–
EN IRE QUIPMENT IERCE ANUFACTURING
PAFARA
URCHASE GREEMENT OR EPLACEMENT ERIAL
PA(LT)–LCB
LATFORM PPARATUS ADDER RUCK AKE OUNTY ID
#99-150
The Chairman announced that immediately upon adjournment, the Board
would reconvene as the Board of Commissioners of the Emergency Services District. Those
Minutes are being prepared separately and are appended to this document.
14.B. SOLID WASTE DISPOSAL DISTRICT
None.
14.C. ENVIRONMENTAL CONTROL BOARD
None.
28
APRIL 13, 2004
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 10:46 a.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman
Minutes Approved: _________________
BCC/PLJ/2004Minutes
29
APRIL 13, 2004