The URL can be used to link to this page

Home My WebLink About04/20/2004 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF APRIL 20, 2004 1.CALL TO ORDER........................................................................................ 1 2.INVOCATION ............................................................................................... 1 3.PLEDGE OF ALLEGIANCE...................................................................... 1 4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ............................................................................................................ 1 5.A.PROCLAMATION HONORING BUD GIBBS FOR HIS SERVICE ON THE INDIAN RIVER COUNTY PLANNING AND ZONING COMMISSION ............................................................................ 2 5.B.PROCLAMATION DESIGNATING APRIL 30 AND MAY 1, 2004, AS RELAY FOR LIFE DAYS ..................................................................... 3 5.C.PROCLAMATION DESIGNATING APRIL 18 THROUGH 24, 2004, AS CRIME VICTIMS’ RIGHTS WEEK ........................................ 3 April 20, 2004 1 5.D.PROCLAMATION AND RETIREMENT AWARD FOR RICHARD E. MITCHELL FROM PUBLIC WORKS (MOVED FROM 7.K.).................................................................................................... 3 6.APPROVAL OF MINUTES – MARCH 16, 2004 ..................................... 3 7.CONSENT AGENDA ................................................................................... 4 7.A.PDM2004ELM ..........................4 ROCLAMATION ESIGNATING AY AS LDER AW ONTH 7.B.AW ..........................................................................................4 PPROVAL OF ARRANTS 7.C.PVCRC ...............................................4 AYMENTS TO ENDORS OF OURT ELATED OSTS 7.D.R--WARLR–41S ST IGHTOFAY CQUISITION FROM OBERTO AND UZ UIZ TREET B43A58A–CPN.0016 ...............5 RDTH ETWEEN VENUE AND VENUE OUNTY ROJECT O 7.E.LPRLC(R-R) AND URCHASE FROM EINALDO AND EDA ATA FOR EOUTING OF BSR--W–SHL .............................5 ARBER TREET IGHTOFAY EBASTIAN IGHLANDS OT 7.F.4SU.S.#1WFMR(TA TH TREET AT ATER AND ORCE AIN ELOCATIONS O VOID CPFDOTDI)–GE. ONFLICTS WITH ROPOSED RAINAGE MPROVEMENTS EORGE F,LC–FP ....................................................6 RENCH ABOR ONTRACTOR INAL AYMENT 7.G.2004/2005BWSC ...............................................6 UDGET ORKSHOP CHEDULE HANGE 7.H.E–CAJA.B .................6 MPLOYMENT CONTRACT OUNTY DMINISTRATOR OSEPH AIRD 7.I.DP–SFDAH, AVID HIPPS TATE OF LORIDA IVISION OF DMINISTRATIVE EARINGS OJCC,D“I-N,” FFICE OF THE UDGE OF OMPENSATION LAIMS ISTRICT ORTH IRC–OJCCN.00-020939PSL–S NDIAN IVER OUNTY O ETTLEMENT OF W’CC ............................................................................7 ORKERS OMPENSATION LAIM 7.J.R--WARMNAJ. IGHTOFAY CQUISITION FROM IVERS CEILL AND ILEEN A–675033C,VB ...........................................................7 RD NDERSON OURT ERO EACH 7.K.RARE.MFPW ...............8 ETIREMENT WARD FOR ICHARD ITCHELL ROM UBLIC ORKS 7.L.RAVJ.PFD ETIREMENT WARD FOR ICTOR RESCITI ROM EPARTMENT OF US .....................................................................................................8 TILITIES ERVICE 7.M.SP,I.–FPACS UNTREE ARTNERS NC INAL LAT PPROVAL FOR ITRUS PRINGS V‘A-2’PD–CC ILLAGE LANNED EVELOPMENT ONTRACT FOR ONSTRUCTION OF RI ........................................................................................8 EQUIRED MPROVEMENTS April 20, 2004 2 7.N.GTF–ARJ(R ROWTH ASK ORCE PPOINTMENT OF OBERT ACKSON TO EPLACE DR) ..............................................................................................................9 AN ICHEY 7.O.CDBG(CDBG)E OMMUNITY EVELOPMENT LOCK RANT CONOMIC DAPAS EVELOPMENT PPLICATION REPARATION AND DMINISTRATIVE ERVICES C-2004-II–SR-60A98 TH ONTRACT NFRASTRUCTURE MPROVEMENTS LONG A-AE&A(IRPC) ......9 VENUE NDY ASTON SSOCIATES NDIAN IVER ARK OF OMMERCE 7.P.AMJ.WM--LL PPOINTMENT OF ICHAEL ANGEN AS EMBERATARGE TO THE AND AAC(LAAC) ..........................................................9 CQUISITION DVISORY OMMITTEE 7.Q.GTFA–AC ...................................... 10 ROWTH ASK ORCE PPOINTMENT DRIENE UFFE 9.A.1.ORDINANCE NO. 2004-012 - PUBLIC HEARING – SEGOVIA LAKES, LLC – REQUEST TO REZONE APPROXIMATELY 30.80 ACRES FROM A-1 TO PD (PLANNED DEVELOPMENT) AND TO OBTAIN CONCURRENT PRELIMINARY PD PLAN/PLAT APPROVAL (LEGISLATIVE) ........................................ 10 9.A.2.ORDINANCE NO. 2004-013 - PUBLIC HEARING – JONES AND ARNSMEIER – REQUEST TO REZONE APPROXIMATELY 10 ACRES FROM A-1 TO RS-1 (RZON 2004020226) (LEGISLATIVE) ......................................................................................... 14 9.B.1.PUBLIC DISCUSSION ITEM – JAY MCNAMARA – BOYS & GIRLS CLUBS OF INDIAN RIVER COUNTY ..................................... 15 9.B.2.PUBLIC DISCUSSION ITEM BRIAN T. HEADY – IMPOSITION OF IMPACT FEES ..................................................................................... 16 9.C.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON MAY 4, 2004 AND MAY 11, 2004 ................................. 16 April 20, 2004 3 9.C.1.(M4,2004)SD,I.–RC AY UNLAND EVELOPMENT NC EQUEST FOR ONCEPTUAL PD(PD)SEUA LANNED EVELOPMENT PECIAL XCEPTION SE PPROVAL FOR A PKEL(L) ......................................... 16 ROJECT TO BE NOWN AS CHO AKE EGISLATIVE 9.C.2.(M4,2004)SD,I.–RC AY UNLAND EVELOPMENT NC EQUEST FOR ONCEPTUAL PD(PD)SEUA LANNED EVELOPMENT PECIAL XCEPTION SE PPROVAL FOR A PKMI(L) .................................... 16 ROJECT TO BE NOWN AS ADERA SLES EGISLATIVE 9.C.3(M11,2004)PLDR(LDR) AY ROPOSED AND EVELOPMENT EGULATION AS953.15(2):UIRC MENDMENT TO ECTION PDATE OF THE NDIAN IVER OUNTY TIFPS(L) ................................. 16 RAFFIC MPACT EE AYMENT CHEDULE EGISLATIVE 11.A.COMMUNITY DEVELOPMENT - RESOLUTION NO. 2004-041 – SUPPORTING AERO SHADE TECHNOLOGIES, INC. AS A QUALIFIED APPLICANT FOR LOCAL JOBS GRANT PROGRAM (ECONOMIC DEVELOPMENT COUNCIL) ................. 17 11.C.GENERAL SERVICES – RFP #6047 – PREPARATION OF AGREEMENT FOR THE LIBRARY MASTER PLAN – HARVARD JOLLY CLEES TOPPE, ARCHITECT/RUTH O’DONNELL, LIBRARY CONSULTANT ............................................ 17 TH 11.I.PUBLIC WORKS – ROADWAY IMPROVEMENTS – 66 TH AVENUE FROM 4 STREET TO SR-60 – THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CARTER ASSOCIATES, INC. – COUNTY PROJECT NO. 9810................................................................................................................ 18 11.J.UTILITIES SERVICES – BID #6041 - RIVER LAKES ESTATES (AKA COPELANDINGS) POWER DISTRIBUTION PANELS – PARAGON ELECTRIC OF VERO ......................................................... 19 April 20, 2004 4 12.COUNTY ATTORNEY – ORAL REPORT ON DAVIS ROAD TH (AKA 84 AVENUE) ................................................................................. 19 13.ACHAIRMAN CAROLINE D. GINN ........................................................ 21 13.B.VICE CHAIRMAN ARTHUR R. NEUBERGER .................................. 21 13.C.COMMISSIONER FRAN B. ADAMS ..................................................... 21 13.D.COMMISSIONER THOMAS S. LOWTHER – PUBLICATION OF AGENDA IN LOCAL NEWSPAPER ............................................... 21 13.E.1.COMMISSIONER KENNETH R. MACHT – RESOLUTION NO. 2004-042 OPPOSING LEGISLATION TO REQUIRE INDIAN RIVER COUNTY TO FUND JUVENILE DETENTION SERVICES WITHIN INDIAN RIVER COUNTY (COST SHIFT FOR JUVENILE JUSTICE) ...................................................................... 22 13.E.2.COMMISSIONER MACHT - OPENING OF 44TH AVENUE AT TH 19 STREET (TROPICOLONY) ............................................................ 23 14.A.EMERGENCY SERVICES DISTRICT .................................................. 24 14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 24 14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 24 April 20, 2004 5 April 20, 2004 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 20, 2004, at 9:00 a.m. Present were Caroline D. Ginn, Chairman; Arthur R. Neuberger, Vice Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Kenneth R. Macht. Also present were Joseph Baird, County Administrator; William G. Collins II, County Attorney; and Pat Ridgely, Deputy Clerk. 1. CALL TO ORDER Chairman Ginn called the meeting to order. 2. INVOCATION Father Robert Stull, Trinity Episcopal Church, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Macht led the Pledge of Allegiance to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS April 20, 2004 1 Chairman Ginn requested the following changes to today’s Agenda: 1.Move Item 7.K. to 5.D. – Proclamation and Retirement Award for Richard E. Mitchell 2.Add Item 7.Q.- Growth Task Force Appointment 3.Delete Item 9.B.1. – Request from Jay McNamara to Speak Regarding the Boys and Girls Club of Indian River County 4.Add Item 12. – Report by County Attorney Collins on Davis Road 5.Add Item 13.E.1. – Commissioner Macht – Cost Shift for Juvenile Justice thth 6.Add Item 13.E.2. – Commissioner Macht - Opening of 44 Avenue at 19 Street (Tropicolony) ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously made the above changes to the Agenda. 5.A. PROCLAMATION HONORING BUD GIBBS FOR HIS SERVICE ON THE INDIAN RIVER COUNTY PLANNING AND ZONING COMMISSION The Chairman read and presented the Proclamation to Bud Gibbs during a standing ovation. Mr. Gibbs accepted with thanks and plaudits for staff he had seen in action during his many years on the Planning and Zoning Commission. April 20, 2004 2 5.B. PROCLAMATION DESIGNATING APRIL 30 AND MAY 1, 2004, AS RELAY FOR LIFE DAYS Leila Shear Vice Chairman Neuberger read and presented the Proclamation to , a survivor and Chairman of the Relay for Life in Indian River County, who thanked the Board on behalf of the American Cancer Society, the Relay for Life Committee, and all other cancer survivors. Ms. Shear invited everyone to attend the Relay and the Commissioners to act as judges for the various team contests. 5.C. PROCLAMATION DESIGNATING APRIL 18 THROUGH 24, 2004, AS CRIME VICTIMS’ RIGHTS WEEK Ron “Chip” Commissioner Lowther read and presented the Proclamation to Meadows and Elaine Fry. Mr. Meadows invited everyone to attend a ceremony to be held at Memorial Island on Thursday, April 22, 2004, at 7 p.m. 5.D. PROCLAMATION AND RETIREMENT AWARD FOR RICHARD E. MITCHELL FROM PUBLIC WORKS (MOVED FROM 7.K.) Chairman Ginn read and presented the proclamation and retirement award to Richard E. Mitchell who thanked the Commissioners. Mr. Mitchell noted that he had moved to Vero Beach to see the Dodgers in Spring Training and the years had passed quickly. He planned to travel and golf and wished for a golf course a little less difficult than Sandridge. 6. APPROVAL OF MINUTES – MARCH 16, 2004 April 20, 2004 3 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of March 16, 2004. There were none. ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved the Minutes of the Regular Meeting of March 16, 2004, as written and distributed. 7. CONSENT AGENDA 7.A. PDM2004ELM ROCLAMATION ESIGNATING AY AS LDER AW ONTH The Board noted the proclamation for the record; it will be presented at another time. 7.B. AW PPROVAL OF ARRANTS ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for April 2-7, 2004, as requested. 7.C. PVCRC AYMENTS TO ENDORS OF OURT ELATED OSTS The Board noted the payments for the record. April 20, 2004 4 7.D. R--WARLR–41 ST IGHTOFAY CQUISITION FROM OBERTO AND UZ UIZ SB43A58A–C RDTH TREET ETWEEN VENUE AND VENUE OUNTY PN.0016 ROJECT O ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved the $33,000 right-of-way purchase and authorized the Chairman to execute the Agreement, as recommended in the memorandum. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.E. LPRLC AND URCHASE FROM EINALDO AND EDA ATA FOR (R-R)BSR--W–S EOUTING OF ARBER TREET IGHTOFAY EBASTIAN HL IGHLANDS OT ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved the $15,000 purchase of right-of-way and authorized the Chairman to execute the Agreement, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD April 20, 2004 5 7.F. 4SU.S.#1WFMR(T TH TREET AT ATER AND ORCE AIN ELOCATIONS O ACPFDOTD VOID ONFLICTS WITH ROPOSED RAINAGE I)–GE.F,LC– MPROVEMENTS EORGE RENCH ABOR ONTRACTOR FP INAL AYMENT ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved payment in the amount of $11,775.96 to George E. French, for Contractor’s Request for Payment, Estimate #2 – Final, as presented and as recommended in the memorandum. 7.G. 2004/2005BWSC UDGET ORKSHOP CHEDULE HANGE ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved change in Budget Workshop dates of July 21-22, 2004, as recommended in the memorandum. 7.H. E–CAJA. MPLOYMENT CONTRACT OUNTY DMINISTRATOR OSEPH B AIRD ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved Employment Agreement as presented in the memorandum. April 20, 2004 6 AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.I. DP–SFDA AVID HIPPS TATE OF LORIDA IVISION OF DMINISTRATIVE H,OJCC, EARINGS FFICE OF THE UDGE OF OMPENSATION LAIMS D“I-N,”IRC–OJCCN. ISTRICT ORTH NDIAN IVER OUNTY O 00-020939PSL–SW’C ETTLEMENT OF ORKERS OMPENSATION C LAIM The Board noted the full settlement of the above-titled claim in the amount of $27,500, as approved by the Claims Review Committee. 7.J. R--WARMNA IGHTOFAY CQUISITION FROM IVERS CEILL AND ILEEN J.A–675033C,VB RD NDERSON OURT ERO EACH ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved the $25,478.01 right-of-way purchase and authorized the Chairman to execute the contract, as recommended in the memorandum. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD April 20, 2004 7 7.K.RARE.MFP ETIREMENT WARD FOR ICHARD ITCHELL ROM UBLIC W ORKS Moved to 5.D. 7.L. RAVJ.PFD ETIREMENT WARD FOR ICTOR RESCITI ROM EPARTMENT US OF TILITIES ERVICE The Board noted the proclamation for the record; it will be presented at another time. 7.M. SP,I.–FPAC UNTREE ARTNERS NC INAL LAT PPROVAL FOR ITRUS SV‘A-2’PD–C PRINGS ILLAGE LANNED EVELOPMENT ONTRACT FOR CRI ONSTRUCTION OF EQUIRED MPROVEMENTS ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously granted final plat approval for the Citrus Springs Village ‘A-2’ Planned Development and authorized the Chairman to execute the Contract for Construction of Required Improvements and authorized the County Attorney to accept the posted security, as recommended in the memorandum. COPY OF CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD April 20, 2004 8 7.N. GTF–ARJ( ROWTH ASK ORCE PPOINTMENT OF OBERT ACKSON TO RDR) EPLACE AN ICHEY The Board noted Commissioner Lowther’s appointment of Robert Jackson to replace Dan Richey who was unable to serve. 7.O. CDBG(CDBG)E OMMUNITY EVELOPMENT LOCK RANT CONOMIC DAPA EVELOPMENT PPLICATION REPARATION AND DMINISTRATIVE SC-2004-II– ERVICES ONTRACT NFRASTRUCTURE MPROVEMENTS SR-60A98A-AE&A(I TH LONG VENUE NDY ASTON SSOCIATES NDIAN RPC) IVER ARK OF OMMERCE ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved the contract with Andy Easton & Associates in the amount of $50,000 and authorized the Chairman to execute the same, as recommended in the memorandum. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.P.A MJ.WM--L PPOINTMENT OF ICHAEL ANGEN AS EMBERATARGE TO LAAC(LAAC) THE AND CQUISITION DVISORY OMMITTEE ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously April 20, 2004 9 approved the appointment of Michael J. Wangen as member-at-large of the LAAC, as recommended in the memorandum. 7.Q. GTFA–AC ROWTH ASK ORCE PPOINTMENT DRIENE UFFE The Board noted Commissioner Macht’s appointment of Adriene Cuffe to replace Kevin Doty who had a scheduling conflict. 9.A.1. ORDINANCE NO. 2004-012 - PUBLIC HEARING – SEGOVIA LAKES, LLC – REQUEST TO REZONE APPROXIMATELY 30.80 ACRES FROM A-1 TO PD (PLANNED DEVELOPMENT) AND TO OBTAIN CONCURRENT PRELIMINARY PD PLAN/PLAT APPROVAL (LEGISLATIVE) PROOF OF PUBLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Division Director Stan Boling reviewed the memorandum using visual displays projected on the overhead. He explained Future Land Use Policy 1.42 and advised that this was the only site in the county with the T, Transitional Residential, land use designation. He presented an aerial of the subject site, the zoning map, and described the surrounding property usages. He detailed the oak trees on the site and goals toward preservation of the live oaks. He explained the changes made since this came before the Planning & Zoning Commission including setbacks, traffic circulation, buffering, and restrictions for house placement so as not to disturb the trees. He also noted that landscaping and irrigation are required on both sides of the wall. One laurel oak in decline will be removed; other smaller laurel oaks will be relocated. This project has April 20, 2004 10 been coordinated with Public Works in order to continue the grid system. He explained how stormwater would be handled and how it would be subject to a developer’s agreement with the County. This project has received staff’s recommendation for approval with the conditions as listed in the memorandum and reviewed by Director Boling. Director Boling responded to questions of Vice Chairman Neuberger regarding the P & Z members’ reasons for voting in opposition to this project, why the site is the only T-designated property, what he expected to see developed nearby, and comments from the neighbors. Commissioner Macht commented that he was opposed to the T-zoning for this property from the start because it allowed development beyond the urban service area (USA). He had no negative comments on the plan itself. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. Michael O’Haire , a lawyer representing Gerald Clontz, a farmer and current owner of the property, urged the Board to follow staff’s recommendation because it is not feasible for the owner to continue farming the property. Bruce Barkett , attorney for the applicant, Segovia Lakes, LLC, commented on the history of this matter, pointed out the surrounding properties, explained proposed vehicle movement, and speculated on future usage of nearby undeveloped parcels. He enumerated objections to the site plan and how the applicant proposed to address those objections in order to eliminate them. The lots are no longer 50’; the minimum is now 70’ and the planned density is 2.66 units per acre. He also addressed concerns that had been raised as to traffic impacts, oak trees, runoff, open space, upgrades of the buffers, and a right turn lane for the entrance as staff had requested. He asked for the Board’s support. April 20, 2004 11 Eric Smith, who appeared with his wife, stated that they were building a nearby home on 5 acres. From what he has seen he has no objections to this project although he would prefer a lower density. . John Williams , 1535 Smuggler’s Cove, made two points. First, he understood that th traffic at the intersection at 58 Avenue and SR-60 will be pushed beyond its current poor Level of Service “D”; it will cost the taxpayers in the future to raise that LOS. He asked that issue be addressed in some way in the future. Second, it is obvious that the USA line cannot stand. He stressed that it will only stand if the issue is brought forward to a referendum that would allow the taxpayers the right to vote if future Commissioners decided to move the USA more to the west. Brian Heady , Vero Beach, expounded on his ideas that paving over agriculture is not good; that it is not government’s job to provide jobs or affordable housing; that there is a need for schools in that neighborhood, and that wider streets are not necessarily an improvement. He also commented on the disparities of governments in saving large oak trees. Rusty Banack , 6075 Atlantic Boulevard, recognized the rights to develop this property and understood the property owner’s plight. He wanted to see it done tastefully. He asked for clarification regarding future paving of Atlantic Boulevard; the possible widening of the th drainage canal; and the possibility of a future bridge at 66 Avenue. th Director Boling specified that 16 Street would not cross the Main Relief Canal; the plan is for College Lane to be extended through the Indian River Community College, Mueller thth Campus, and connect back to 66 Avenue north of 16 Street. Staff’s understanding is that the Indian River Farms Water Control District has acknowledged and recognized that several parcels need Atlantic Boulevard for access to their property and that access will continue into the future. Public Works Director James Davis agreed with Director Boling’s explanation that thth College Lane would be the major connection between 58 and 66 Avenues; that Atlantic Boulevard is a necessary road and the drainage district will allow it to be paved. What is proposed will be safer than what is there today. He predicted that College Lane will carry a lot of that traffic th when drivers are trying to avoid the intersection of SR-60 and 58 Avenue. April 20, 2004 12 Mr. Banack’s final concern was the preservation of the cabbage palm/live oak hammock along Atlantic Boulevard. While the developer has given him assurances that he would try to save as much of that hammock as possible, he wanted to see some language in the developer’s plan to address what he actually plans to preserve. The intersection at Atlantic Boulevard is scary for him because he has two daughters who will soon be driving. th Chairman Ginn wanted information on concurrency at 58 Avenue and SR-60. Traffic Engineer Chris Mora stated that the intersection operates above capacity at certain peak times and peak season. The improvements planned for this intersection will go to design and be in construction within two years. This will bring it back to better than capacity and th the project will meet concurrency. This project lines up with 16 Street a half mile south of SR 60 th and is far enough south to not be within the congestion associated with SR-60 and 58 Avenue. Mr. Barkett was hopeful that Commissioner Macht and the others recognized that this applicant has come in under the adopted rules and has worked diligently to do that. He pointed out the difference between what could be built if a standard subdivision were proposed and a PD. The applicant has created buffers above and beyond the required PD buffer, made the project more attractive, and designed the perimeter lots to be the largest in the subdivision. The Chairman asked if anyone else wished to be heard with regard to this matter. There being none, the Chairman closed the public hearing. Chairman Ginn thought the main objection at P & Z was the size of the lots (50’) and the developer has made an adjustment. She thought this was the first developer to be listening to what the County wants and they have made many efforts to cooperate. She requested assurance that the proposed amenities will be built. Commissioner Adams recalled the history of the allowance of transitional zoning and likened it to giving birth to a “porcupine”. She thought this proposal is much better than what she thought would come from that zoning. She liked the smaller lots away from the perimeter, the extra buffering, and their agreement to protect the oaks and hammock. April 20, 2004 13 Commissioner Macht referred back to when the Commission made this a transitional zone, pointed out that staff did not recommend the penetration of the urban service area, and saw this as a “porcupine”. He stressed that the property owner to the south stated she “expects” the same treatment, and by approval of this project, it will make it worthwhile for that property owner to ask for. He was opposed to this proposal for many reasons including the entrance. He feared it would become another accident site and need a traffic light sometime in the future. Taking everything into consideration, Vice Chairman Neuberger thought this is the best that can be done with this “porcupine”. ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board adopted by a vote of 4-1 (Commissioner Macht opposed) Ordinance No. 2004-012 amending the Zoning Ordinance and the accompanying Zoning Map from A-1 to PD Residential for approximately 30.80 acres, and approving the PD Conceptual Plan for the Subject site located at the southwest corner of the Main th Relief Canal and 58 Avenue, and providing codification, severability, and effective date. (CLERK’S NOTE: Chairman Ginn called a short recess at 10:35 a.m. The meeting was reconvened at 10:43 a.m. with all Commissioners present.) 9.A.2. ORDINANCE NO. 2004-013 - PUBLIC HEARING – JONES AND ARNSMEIER – REQUEST TO REZONE APPROXIMATELY 10 ACRES FROM A-1 TO RS-1 (RZON 2004020226) (LEGISLATIVE) PROOF OF PUBLICATION IS ON FILE April 20, 2004 14 IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating reviewed the memorandum using a PowerPoint presentation (on file with the backup in the Office of the Clerk to the Board). He specified the location of the parcel and described the surrounding properties. There would be no adverse environmental impacts and the proposed change would be compatible with the surrounding area. In conclusion, he stated that staff and the Planning and Zoning Commission had recommended approval of this rezoning. There were no questions or comments. The Chairman opened the public hearing and asked if anyone wished to be heard with regard to this matter. There were none and the Chairman closed the public hearing. ON MOTION by Commissioner Lowther, SECONDED by Commissioner Macht, the Board unanimously adopted Ordinance No. 2004-013 amending the Zoning Ordinance and the accompanying Zoning Map for approximately 10 thth acres located on northeast corner of 58 Avenue and 9 Street SW (Oslo Road), from A-1, Agricultural District (up to 1 unit/5 acres) to RS-1, Single-Family Residential District (up to 1 unit/acre), and providing codification, severability, and effective date. 9.B.1. PUBLIC DISCUSSION ITEM – JAY MCNAMARA – BOYS & GIRLS CLUBS OF INDIAN RIVER COUNTY Deleted. April 20, 2004 15 9.B.2. PUBLIC DISCUSSION ITEM BRIAN T. HEADY – IMPOSITION OF IMPACT FEES Not present when called. 9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON MAY 4, 2004 AND MAY 11, 2004 9.C.1.(M4,2004)SD,I.–R AY UNLAND EVELOPMENT NC EQUEST FOR CPD(PD)SE ONCEPTUAL LANNED EVELOPMENT PECIAL XCEPTION UAPKEL SE PPROVAL FOR A ROJECT TO BE NOWN AS CHO AKE (L) EGISLATIVE 9.C.2.(M4,2004)SD,I.–R AY UNLAND EVELOPMENT NC EQUEST FOR CPD(PD)SE ONCEPTUAL LANNED EVELOPMENT PECIAL XCEPTION UAPKMI SE PPROVAL FOR A ROJECT TO BE NOWN AS ADERA SLES (L) EGISLATIVE 9.C.3 (M11,2004)PLDR AY ROPOSED AND EVELOPMENT EGULATION (LDR)AS953.15(2):U MENDMENT TO ECTION PDATE OF THE IRCTIFPS NDIAN IVER OUNTY RAFFIC MPACT EE AYMENT CHEDULE (L) EGISLATIVE The Chairman read the above notices into the record. April 20, 2004 16 11.A. COMMUNITY DEVELOPMENT - RESOLUTION NO. 2004-041 – SUPPORTING AERO SHADE TECHNOLOGIES, INC. AS A QUALIFIED APPLICANT FOR LOCAL JOBS GRANT PROGRAM (ECONOMIC DEVELOPMENT COUNCIL) ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved and authorized the Chairman to sign the Job Grant Agreement and adopted Resolution No. 2004-041 supporting Aero Shade Technologies, Inc. as a qualified applicant pursuant to s.288.106, Florida Statutes; and providing an appropriation of $12,100 as part of Local Jobs Grant Program for Local Participation in the Qualified Target Industry Tax Refund Program, and providing for an effective date. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.C. GENERAL SERVICES – RFP #6047 – PREPARATION OF AGREEMENT FOR THE LIBRARY MASTER PLAN – HARVARD JOLLY CLEES TOPPE, ARCHITECT/RUTH O’DONNELL, LIBRARY CONSULTANT ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved the draft agreement and authorized the Chairman to execute April 20, 2004 17 the agreement subject to the execution by the architect with minor modifications that may be required by the County Attorney to approve the form and legal sufficiency of the agreement, as recommended by staff in the memorandum. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD TH 11.I. PUBLIC WORKS – ROADWAY IMPROVEMENTS – 66 TH AVENUE FROM 4 STREET TO SR-60 – THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CARTER ASSOCIATES, INC. – COUNTY PROJECT NO. 9810 ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved Amendment Three to the Professional Services th Agreement for 66 Avenue Paving and Drainage th Improvements between SR 60 and 4 Street, with Carter Associates, Inc., for an increase of $118,800 to the contract, (new contract prices $297,620.00), as recommended by staff in the memorandum. (Alternative No. 1) AMENDMENT NO. 3 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD April 20, 2004 18 11.J. UTILITIES SERVICES – BID #6041 - RIVER LAKES ESTATES (AKA COPELANDINGS) POWER DISTRIBUTION PANELS – PARAGON ELECTRIC OF VERO ON MOTION by Commissioner Adams, SECONDED by Vice Chairman Neuberger, the Board unanimously authorized Utility Services and the Purchasing Division to proceed with awarding Bid #6041 to Paragon Electric of Vero for the negotiated bid of $71,820.00, as recommended by staff in the memorandum. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12. COUNTY ATTORNEY – ORAL REPORT ON DAVIS ROAD TH (AKA 84 AVENUE) County Attorney Collins reported that he, Public Works Director James Davis, and Traffic Engineer Chris Mora recently met with Jeff Bass of Graves Brothers to see if there were any alternate means of accessing Brian Davis’ property in order to obviate the need to open and th maintain the 2 miles of 84 Avenue. They learned that there is a development called Two Bridges ndth Equestrian on 82 Avenue just south of 69 Street. In that area, Garrick Kantzler, MD, had approved an Affidavit of Exemption which utilizes for its frontage the Sebastian Water Control District’s canal right-of-way. Mr. Davis’ property is just a little north of the Kantzler Affidavit of Exemption. He noted other documents he had received were not really conclusive one way or another as to ownership. The Graves Brothers’ attorney (copy of faxed letter in the backup file) has asked their title company to research ownership. Graves Brothers has said that they would consider it trespassing if we were to undertake maintaining the road now. He saw no need to get into a lawsuit at this time and thought perhaps time will work this out. He believed that Director Davis’ recommendation is to wait for the results of the study being done by Carter and Associates April 20, 2004 19 and prioritize which roads should be paved and which ones should be maintained. The possibility of accessing Mr. Brian Davis’ property off the Sebastian Water Control District right-of-way, if that is an option, may be the best result for all parties. st Brian Davis , 9255 141 Avenue, referred to a recent survey which depicts the roadway going down through the section line. He gave copies to the Commissioners (copy is filed in the backup in the Office of the Clerk to the Board) and Chairman Ginn requested that Mr. Davis turn the survey over to our attorney. County Attorney Collins responded to questions of the Commissioners and suggested that Mr. Davis speak to Mr. Bass about getting a key should Graves Brothers decide to lock the gate. Ralph Lindsey , who has lived in Indian River County since 1946, recounted that the County graded the road until the 1970’s. It was his understanding at that time that the road was th owned and maintained by the County. In the 1980’s, he graded the road from 69 Street up to CR 510 and Wesley Davis’ father-in-law would grade the road from time-to-time on the weekends. In 1998, Mr. Lindsey got rid of the grader and the grading of the road stopped. He just recently sold the grove he started in 1976 to Graves Brothers and Marvin Carter researched the abstracts Mr. Lindsey provided (in connection with that sale). Mr. Carter told him the County purchased the Mr. Lindsey right-of-way for $900 in 1930. recounted some of his memories of having served on the County’s Board of Adjustment and Agricultural Committee. In response to Commissioner Lowther, Public Works Director James Davis stated he had checked but his department’s records on road grading did not go that far back. County Attorney Collins advised that he had worked with Property Appraiser David Nolte yesterday afternoon because the faxed letter alleged that Graves Brothers has been paying taxes on the road. He pointed out this history has been buried for decades and they are working to uncover it all in a couple of weeks. Chairman Ginn suggested Brian Davis get together with County Attorney Collins. April 20, 2004 20 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 – PUBLICATION OF AGENDA IN LOCAL NEWSPAPER (Clerk’s Note: Commissioner Adams left the meeting at approximately 11:15 a.m. during the following discussion to go to a doctor’s appointment she had announced earlier.) MOTION WAS MADE by Commissioner Lowther, SECONDED by Chairman Ginn, to resume printing the Board of County Commission’s agenda in the local newspaper. Under discussion, Commissioner Lowther explained that he had received a few requests to resume printing the Board’s regular meeting agendas in the newspaper. April 20, 2004 21 Vice Chairman Neuberger and Commissioner Macht spoke in opposition to the motion because there is a savings of $700 per week. Special meetings and workshops are still advertised in the newspaper as a public notice. Jim Granse , 36 Pine Arbor Lane, spoke in favor of the motion. The Chairman CALLED THE QUESTION and the motion FAILED by a 2-2 tie vote. (Vice Chairman Neuberger and Commissioner Macht opposed and Commissioner Adams absent) 13.E.1. COMMISSIONER KENNETH R. MACHT – RESOLUTION NO. 2004-042 OPPOSING LEGISLATION TO REQUIRE INDIAN RIVER COUNTY TO FUND JUVENILE DETENTION SERVICES WITHIN INDIAN RIVER COUNTY (COST SHIFT FOR JUVENILE JUSTICE) Commissioner Macht reviewed the backup, a Legislative Alert from the Florida Association of Counties. He suggested the Commissioners adopt a resolution or authorize the Chairman to sign a letter to our Legislative Delegation opposing legislation requiring the counties to fund juvenile detention services. He suggested this be prepared by the County Attorney’s office. ON MOTION by Commissioner Macht, SECONDED by Vice Chairman Neuberger, the Board unanimously (4-0, Commissioner Adams absent) adopted Resolution No. 2004-042 opposing legislation to require Indian River County to fund juvenile detention services within Indian River County. April 20, 2004 22 13.E.2. COMMISSIONER MACHT - OPENING OF 44TH AVENUE AT TH 19 STREET (TROPICOLONY) Commissioner Macht referred to a letter from Mr. Arthur F. Degen along with a petition letter signed by 56 residents of Tropicolony Subdivision asking the Board to consider ththth opening 44 Avenue between 19 Street and 16 Street because of certain traffic conditions. Also submitted for backup was a copy of Public Works Director James Davis’ response explaining the position of his department and reasons for not recommending the requested action. He asked the Board if they wished to take action on this request. Public Works Director James Davis explained that in 1989 the County was petitioned by owners to close the then-dirt road. He identified the area on a map displayed on the overhead projector. He detailed the rights-of-way and recalled that public meetings were held concerning closing the road. The reason for their 1989 petition was because a Winn-Dixie food th store was located at the north end of 44 Avenue and people were cutting through their neighborhood on the dirt road and having to go around a tree; it was creating an unsafe situation for the residents. The Board met to consider the request and on October 23, 1990 a motion to close the road carried and the road has been closed since then. The County did pave it after 1990 on a petition paving project and the property owners paid 75% of the cost. The road was not paved th north of 18 Street because those people were adamant about not having it open. If the Board decides to consider opening it back up, he suggested they give the people the opportunity to come before them to voice their approval or objections. He felt the right-of-way is substandard. He had communicated all this to Mr. Degen. rd Vice Chairman Neuberger understood the problem is getting out on 43 Avenue from Tropicolony. He thought that was not a big problem until a few years ago, but today that rd corridor is very congested. He thought the planned 4-laning of 43 Avenue would relieve some of that. April 20, 2004 23 In response to Vice Chairman Neuberger, Director Davis thought that perhaps th access at 18 Street would be better but right-of-way does not go through there. There is a house th just north of 18 Street and he was not sure the County could easily obtain right-of-way but that would be an alternative. Chairman Ginn asked Director Davis to get copies of the minutes of those meetings for the members of the Commission. She wanted to look into it and drive the area. (CLERK’S NOTE: Additional backup provided subsequent to the meeting by Public Works Director James Davis is on file in the Office of the Clerk to the Board.) 14.A. EMERGENCY SERVICES DISTRICT None. 14.B. SOLID WASTE DISPOSAL DISTRICT None. 14.C. ENVIRONMENTAL CONTROL BOARD None. 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 April 20, 2004 24 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:25 a.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman Minutes Approved: _________________ BCC/PMR/MINUTES April 20, 2004 25