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HomeMy WebLinkAbout4/22/2003INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF APRIL 22, 2003 1. CALL TO ORDER............................................................................................................1 2. INVOCATION..................................................................................................................1 3. PLEDGE OF ALLEGIANCE...........................................................................................1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS......................I 5. PROCLAMATIONS AND PRESENTATIONS...............................................................2 5.A. PROCLAMATION DESIGNATING MAY 4-10,2003 AS DRINKING WATER WEEK ................2 5.13. PROCLAMATION DESIGNATING MAY 2 AND 3, 2003 AS RELAY FOR LIFE DAYS ..............3 6. APPROVAL OF MINUTES -APRIL 8, 2003.................................................................3 7. CONSENT AGENDA........................................................................................................4 7.A. REPORTS......................................................................................................................4 7.13. LIST OF WARRANTS......................................................................................................4 7.C. BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE - RESIGNATION OF GEORGE GROSS..........................................................................................................................4 7.D. TOURIST DEVELOPMENT COUNCIL (TDC) - APPOINTMENT OF SUSAN HUNT TO REPLACE DONALD DARKO AND APPOINTMENT OF CHERYL CUMMINS TO REPLACE VIRGINIA MANN .................................................................................................................................... 5 7.E. PUBLIC LIBRARY ADVISORY BOARD (PLAB) - APPOINTMENT OF GEORGE GROSS TO REPLACE ARNOLD GROBMAN.......................................................................................5 APRIL 22, 2003 1 7.17. FLORIDA DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE EDWARD BYRNE GRANT PROGRAM - FY 2004 ANTI-DRUG ABUSE (SUBSTANCE ABUSE COUNCIL) - CERTIFICATE OF PARTICIPATION...................................................................................5 7.G. CHILDREN'S SERVICES ADVISORY COMMITTEE -RFP 45054 - FUNDING FOR FY 2003-04 .................................................................................................................................... 6 7.H. GROVENOR ESTATES - 34TH AND 35TH AVENUES SW WATER SYSTEM CONFLICT ADJUSTMENTS - WORK AUTHORIZATION 42001-60 - GEORGE E. FRENCH.....................6 7.I. SHERIFF -U.S. DEPARTMENT OF JUSTICE BULLETPROOF VEST PARTNERSHIP PROGRAM 6 7.J. PAYMENTS TO VENDORS OF COURT -RELATED COSTS....................................................6 7.K. SUNTREE PARTNERS, INC. -FINAL PLAT APPROVAL FOR CITRUS SPRINGS PD -VILLAGE "C" PHASE II...............................................................................................................7 7.L. JACKSON BROS. GROVES, INC. -FINAL PLAT APPROVAL FOR PRIVATE ROAD TO BE KNOWN AS HOMESTEAD DRIVE....................................................................................7 7.M. OLD DOUGLAS SCHOOL (DASIE HOPE CENTER) -WAIVE SEALED BID PROCESS AND AUTHORIZE SOLICITATION OF 3 WRITTEN BID PROPOSALS - AIR CONDITIONING IMPROVEMENTS TO CAFETORIUM..................................................................................8 7.N. INDIAN RIVER COUNTY JAIL DETENTION ELECTRONICS -CHANGE ORDER 41 -SIEMENS BUILDING TECHNOLOGIES.............................................................................................8 7.0. BID 45049 -WEST SIDE SUBDIVISION WATER ASSESSMENT PROJECT - TREASURE COAST CONTRACTING....................................................... ERROR! BOOKMARK NOT DEFINED. 7.P. RESOLUTION 2003-050 DECLARING DEFAULT BY MARSH ISLAND DEVELOPMENT COMPANY, LLC, A FLORIDA LIMITED LIABILITY COMPANY, IN ITS OBLIGATION TO COMPLETE REQUIRED IMPROVEMENTS TO MARSH ISLAND PD AND AUTHORIZING STAFF TO MAKE SIGHT DRAFT AGAINST BANK OF AMERICA IRREVOCABLE STANDBY LETTER OF CREDIT NO. 3046127 DATED FEBRUARY 12, 2002.........................................................9 7.Q. LEGEND LAKES PD, PHASE I- SMIEGEL PARTNERS XII, LTD. -CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK IMPROVEMENTS..........................................10 7.R. PROCLAMATION DESIGNATING MAY, 2003 AS ELDER LAW MONTH .............................10 7.S. ANNOUNCEMENT THAT THE PUBLIC HEARING FOR VERO SOUTH PD (O'RIORDAN) CONTINUED FROM MARCH 11, 2003, HAS BEEN DELETED DUE TO LACK OF RESPONSE FROM THEAPPLICANT..........................................................................................................10 APRIL 22, 2003 2 8. CLERK OF COURTS - CONTRACT FOR PREVENTIVE MAINTENANCE ON COURTROOM TAPING EQUIPMENT - AMERICAN MEGACOM, INC. (AMI)..I I 9.A.1. PUBLIC HEARING - ORDINANCE 2003-015 MODIFYING CHAPTER 303, ENVIRONMENTAL HEALTH AND SANITATION, OF THE INDIAN RIVER COUNTY CODE TO CLARIFY AND ORGANIZE CERTAIN SECTIONS AND CREATE A NEW PART V, PROVIDING FOR PURPOSE; DEFINITIONS; EXEMPT STRUCTURES; HEALTH DEPARTMENT APPROVAL REQUIRED FOR DEMOLITION; APPLICATION FOR APPROVAL AND FEE; INSPECTION AND REPORT; REINSPECTION FEE; PREREQUISITES FOR ISSUANCE OF APPROVAL AND REQUIREMENTS IN THE EVENT OF LATER DISCOVERED CONDITIONS; REQUIREMENTS FOR DEMOLITION; ENFORCEMENT; COORDINATION WITH BUILDING DEPARTMENTS; PENALTIES; REPEAL OF CONFLICTING PROVISIONS; APPLICABILITY; SEVERABILITY; AND AN EFFECTIVE DATE.....................................................................................................11 9.A.2. PUBLIC HEARING - PROPOSED ORDINANCE AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM A-1 AND RS -3 TO PD FOR THE PROPERTY LOCATED ON THE NORTH SIDE OF 26TH STREET, EAST OF 66TH AVENUE - GARY ROSEN, REAL ESTATE DEVELOPMENT & INVESTMENT - 26TH STREET RESIDENTIAL...............13 9.B.1. PUBLIC DISCUSSION ITEM - RICHARD H. BAKER, PRESIDENT OF AUDUBON SOCIETY, INC., TO DISCUSS DROPPING OF FINES TO DEVELOPERS OF "THE PALMS" AT 6TH AVENUE AND 12TH STREET (BRISBEN COS. OF CINCINNATI)......................................................................19 9.13.2. PUBLIC DISCUSSION ITEM - TOMMY MCDOUGALD TO DISCUSS RACISM..................................................................................................................22 APRIL 22, 2003 9.C.1. NOTICE THAT THE INDIAN RIVER COUNTY ATTORNEY DESIRES AN ATTORNEY-CLIENT SESSION WITH THE BOARD OF COUNTY COMMISSIONERS REGARDING A PROPOSED SETTLEMENT OF A WORKER'S COMPENSATION CLAIM, OJCC NO: 02-021907PSL AT 10:45 A.M. ON TUESDAY, MAY 6, 2003........................................................................22 9.C.2. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON MAY 6, 2003..............................................................................................................................22 (A) INDIAN RIVER COUNTY CHARTER SCHOOL - REQUEST FOR SPECIAL EXCEPTION APPROVAL FOR ADDITION OF A VISUAL AND PERFORMING ARTS PROGRAM FACILITY TO THE EXISTING CAMPUS - ADD 4 MODULAR BUILDINGS, TOTALING APPROXIMATELY 28,190 SQUARE FEET OF FLOOR AREA TO BE LOCATED JUST WEST OF THE EXISTING CHARTER SCHOOL CAMPUS (QUASI-JUDICIAL).................................................................................22 (B) LAND DEVELOPMENT REGULATIONS (LDR) AMENDMENT FOR ROAD PAVING ESCROW REQUIREMENTS; REQUEST TO AMEND LDR SECTION 952.09(5)(0) (LEGISLATIVE)..................................................................................22 (C) COUNTY -INITIATED REQUEST TO UPDATE THE CAPITAL IMPROVEMENTS AND TRANSPORTATION ELEMENTS OF THE COMPREHENSIVE PLAN (LEGISLATIVE).......................................................................................................22 11.F. EXECUTIVE SESSION WITH BOARD OF COUNTY COMMISSIONERS AND HUMAN RESOURCES DEPARTMENT - EMERGENCY MEDICAL SERVICES BATTALION CHIEFS - TEAMSTERS LOCAL 769 ...............................................23 11.G.1. EAST CR -510 AND NORTH AIA ROADWAY IMPROVEMENTS - CIVIL ENGINEERING AND LAND SURVEYING SERVICES SELECTION - KIMLEY-HORN AND ASSOCIATES...............................................................23 12. COUNTY ATTORNEY - INTRODUCTION OF APPLICANT FOR ASSISTANT COUNTY ATTORNEY POSITION - WILLIAM K. DEBRAAL ............................23 APRIL 22, 2003 4 13.A.1. CHAIRMAN KENNETH R. MACHT - RECREATION DEPARTMENT T- SHIRTS - TONS FOR FUN CHALLENGE..........................................................24 13.A.2. CHAIRMAN KENNETH R. MACHT - SENATE AND HOUSE BILLS - TELECOMMUNICATIONS AND CABLE SERVICES (HOUSE BILLS 1307 AND 1169 - SENATE BILLS 654 AND 1450)........................................................25 13.A.3. CHAIRMAN KENNETH R. MACHT - NATIONAL ASSOCIATION OF COUNTIES PARK AND RECREATION OFFICIAL (NACPRO) AWARDS - GIFFORD POOL COMPLEX AND NORTH COUNTY POOL COMPLEX...... 25 14.A. EMERGENCY SERVICES DISTRICT.................................................................26 14.B. SOLID WASTE DISPOSAL DISTRICT................................................................26 14.C. ENVIRONMENTAL CONTROL BOARD............................................................26 APRIL 22, 2003 5 April 22, 2003 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 251'' Street, Vero Beach, Florida, on Tuesday, April 22, 2003, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Caroline D. Ginn, Vice Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Arthur R. Neuberger. Also present were James E. Chandler, County Administrator; William G. Collins II, County Attorney; and Patricia "PJ" Jones, Deputy Clerk. 1. CALL TO ORDER Chairman Macht called the meeting to order. 2. INVOCATION Pastor Ray Scent of the First United Methodist Church delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Vice Chairman Ginn led the Pledge of Allegiance to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Macht requested the following changes to today's Agenda: 1. Add Corrective Page to Item 7.N., Indian River County Jail Detention Electronics — Change Order 41 — Siemens Building Technologies. 2. Add Item 7.R., Proclamation Designating May, 2003 as Elder Law Month. APRIL 22, 2003 1 3. Add Item 7.S., Announcement that the Public Hearing for Vero South PD (O'Riordan) Continued from March 11, 2003 Has Been Deleted Due to Lack of Response from the Applicant. 4. Add Item 12., County Attorney Introduction of Applicant for Assistant County Attorney Position — William K. DeBraal. 5. Add Item 13.A.2., Senate and House Bills — Telecommunications and Broadband Cable. 6. Add Item 13.A.3. National Association of Counties Park and Recreation Official (NACPRO) Awards — Gifford Pool Complex and North County Pool Complex. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Adams, the Board unanimously made the above changes to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS S.A. PROCLAMATION DESIGNATING MAY 4-10.2003 AS DRINKING WATER WEEK The Chairman presented the Proclamation to Jerry LeBeau, Water Superintendent, Utility Services. Mr. LeBeau thanked the Board for the recognition and noted that he had expected a group of students from Pelican Island Elementary School but they were unable to make the meeting. They did, however, draw some posters for the Utilities Department. He advised the public that there would be an informal festival on May 9, 2003 at Hobart Park with Ed Garfield from St. Johns River Water Management District as a speaker. There will be give-away items and information regarding xeric landscaping. There will also be activities for children. Then, on May 10, there will be an exhibit at the Indian River Mall from 10 to 5 with Chairman Macht as the speaker. This is a very worthwhile project and he hoped everyone would come and celebrate with them. He stated that the Utilities Department is committed to providing the very best water quality and is equally committed to the preservation and conservation of our water resources. APRIL 22, 2003 2 5.B. PROCLAMATIONDESIGNATING MAY2 AND 3, 2003 AS RELAYFOR LIFE DAYS The Chairman presented the Proclamation to Lelia Shear and Nancy Madsen of the Cancer Society and stated that this is a wonderful program and that last year they raised almost a million dollars. Lelia Shear stated that she is a 30 -year breast cancer survivor and this Relay is to honor survivors, those going through treatment at this time and those we have lost. This is a celebration of life. Team members will walk to raise money on May 2nd at the Citrus Bowl, Vero Beach High School Campus, and will camp out for 18 hours. Cancer touches 1 out of 10 families in this community and all over the country. She urged everyone to contribute and to come to the Relay and see the wonderful work all the volunteers do. She also noted that she is the Relay Chairperson for 2003-04 and introduced Nancy Madsen, who is the Area Director for the American Cancer Society. County Clerk Jeff Barton commented that his office has entered a Team in the Relay for the last 4 years and everyone has really enjoyed participating. He invited everyone to come out and participate and stated that it is a lot of fun. Chairman Macht agreed that there is a lot of fun to be had. Nancy Madsen noted that the Relay in Sebastian a couple of weeks ago entered over 40 teams in their Relay and that there are over 50 teams in Vero signed up for this Relay. She invited the whole community to come and celebrate with over 125 survivors who will make a victory march around the track beginning at 6:00 p.m. on Friday, May 2nd 6. APPROVAL OF MINUTES - APRIL 8, 2003 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of April 8, 2003. There were none. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Adams, the Board unanimously approved the Minutes of the Regular Meeting of April 8, 2003, as written. APRIL 22, 2003 3 7. CONSENT AGENDA 7.A. REPORTS The following reports have been received and are on file in the office of the Clerk to the Board: 1. Letters from Carter Associates, Inc. advising that no significant capital improvements have been made to the facilities or modifications to the water control plan within the past year for: a. Delta Farms Water Control District b. Vero Lakes Water Control District C. Indian River Farms Water Control District d. Fellsmere Water Control District e. Sebastian River Water Control District 7.B. LIST OF WARRANTS ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for April 4-13, 2003, as recommended by staff. 7.C. BEA CHANDSHOREPRESERVATIONADVISOR YCOHHITTEE—RESIGNATIONOF GEORGE GROSS ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously acknowledged the resignation of George Gross. APRIL 22, 2003 4 7.D. TOURIST DEVELOPMENT COUNCIL (TDC) —APPOINTMENT OF SUSANHUNT TO REPLACE DONALD DARKO AND APPOINTMENT OF CHERYL CUMMINS TO REPLACE VIRGINIA MANN ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously acknowledged the appointment of Susan Hunt to replace Donald Darko and the appointment of Cheryl Cummins to replace Virginia Mann. 7.E. PUBLICLIBRARYADVISORYBOARD (PLAB) —APPOINTMENT OF GEORGE GROSS TO REPLACE ARNOLD GROBMAN ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously acknowledged the appointment of George Gross to replace Arnold Grobman. 7.F. FLORIDA DEPARTMENT OFLAWENFORCEMENT. CRIMINAL JUSTICE EDWARD BYRNE 6RANTPROGRAM—FY2004ANTI--DRUG ABUSE (SUBSTANCE ABUSE COUNCIL) — CERTIFICATE OF PARTICIPATION ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously accepted the invitation to serve as the coordinating unit of government in the FDLE Anti -Drug Abuse Grant Program and authorized the Chairman to sign the Certification of Participation naming Jason E. Brown, Budget Manager, as the contact person, as recommended by staff. CERTIFICATE OF PARTICIPATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD APRIL 22, 2003 5 7.G. CHILDREN'S SERVICES ADVISORY COMMITTEE — RFP #5054 — FUNDING FOR FY2003-04 ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved the Request to Advertise 45054, as recommended by staff. 7.H. GROVENOR ESTATES — 34TH AND 35THAVENUES SW WATER SYSTEM CONFLICT ADJUSTMENTS - WORKA UTHORIZA TION #2001-60 — GEORGE E. FRENCH ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved the project at a total cost of $55,736.04, including 20% contingency for labor and approved Work Authorization Directive No. 2001-060 to the Utilities Department Labor Contractor, George E. French, authorizing payment to him of up to $41,419.02, as recommended by staff. WORK AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD U. SHERIFF— U.S DEPARTMENT OF JUSTICE BULLETPROOF VEST PARTNERSHIP PROGRAM ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously authorized the on-line application for the U.S. Department of Justice Bulletproof Vest Partnership Program, as recommended by staff. 7..1 PAYMENTS TO VENDORS OF COURT -RELATED COSTS NO ACTION REQUIRED OR TAKEN. APRIL 22, 2003 6 7.K. SUNTREE PARTNERS. INC — FINAL PLAT APPROVAL FOR CITRUS SPRINGS PD — VILLAGE "C". PHASE H ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously granted final plat approval for Citrus Springs Village "C" Phase II Planned Development and authorized the Chairman to sign the Contract for Construction of Remaining Required Improvements for Village "C" Phase II , as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD U. JACKSON BROS. GROVES. INC —FINAL PLAT APPROVAL FOR PRIVATE ROAD TO BE KNOWN AS HOMESTEAD DRIVE ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously granted final plat approval for the private road right-of-way to be known as Homestead Drive, as recommended by staff. APRIL 22, 2003 7 7.M. OLD DOUGLAS SCHOOL (DASIE HOPE CENTER) —WAIVE SEALED BID PROCESS AND A UTHORmE SOLICITATION OF 3 WRITTENBID PROPOSALS —AIR CONDITIONING IMPROVEMENTS TO CAFETORIUM ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously waived the standard sealed bid process and authorized the solicitation of at least 3 written bid proposals in order to install proper air-conditioning in the Old Douglas School Cafetorium and authorized the award to the lowest overall written quote, as recommended by staff. 7.N. INDIANRIVER COUNTYJAIL DETENTIONELECTRONICS — CHANGE ORDER #I — SIEMENS BUILDING TECHNOLOGIES ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved Change Order 41 less a 10% retention of $493.60, resulting in a change order payment of $4,442.40, as recommended by staff. CHANGE ORDER WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED APRIL 22, 2003 8 7.0. BID #5049 —WEST SIDE SUBDIVISION WATER ASSESSMENT PROJECT — TREASURE COAST CONTRACTING ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously awarded Bid 45049 to Treasure Coast Contracting, Inc. in the total amount of $66,402.11; approved the sample agreement and authorized the Chairman to execute said agreement when required performance and payment bonds have been submitted along with appropriate certification of insurance and the County Attorney has approved the agreement as to form and legal sufficiency, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.P. RESOL UTION 2003-050 DECLARING DEFA UL T B Y MARSH ISLAND DEVELOPMENT COMPANY, LLL'. A FLORIDA LIMITED LIABILITY COMPANY, IN ITS OBLIGATION TO COMPLETE REQUIRED IMPROVEMENTS TO MARSHISLAND PD AND A UTHORIZING STAFF TO MAKE SIGHT DRAFT A GAINST BANK OF AMERICA IRREVOCABLE STANDBYLETTER OF CREDIT NO. 3046127 DATED FEBRUARY 12.2002 ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously adopted Resolution 2003-050 declaring default by Marsh Island Development Company, LLC, a Florida limited liability company, in its obligation to complete required improvements to Marsh Island PD and authorizing staff to make sight draft against Bank of America Irrevocable Standby Letter of Credit No. 3046127 dated February 12, 2002. APRIL 22, 2003 9 7.0. LEGEND LAKES PD. PHASE I — SMIEGEL PARTNERS XII. LTD. —CONTRACT FOR CoNSTRUCTIONOFREOVIREDSIDEWALK IMPROVEMENTS ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously authorized the Chairman to execute the Contract for Construction of Required Sidewalk Improvements No. PD -0 1-0 1-03-CFSIDE (2000080224), as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.R. PROCLAMATIONDESIGNATING MAY, 2003 AS ELDER LAW MONTH The Chairman entered the Proclamation into the record. 7.S. ANNOUNCEMENT THAT THE PUBLIC HEARING FOR VERO SOUTH PD (0'RIORDAN) CONTINUED FROMMARCH 11, 2003, HAS BEENDELETED DUE TO LACK OF RESPONSE FROM THE APPLICANT. Planning Director Stan Boling made the announcement. NO ACTION REQUIRED OR TAKEN. APRIL 22, 2003 10 8. CLERK OF COURTS - CONTRACT FOR PREVENTIVE MAINTENANCE ON COURTROOM TAPING EOUIPMENT - AMERICAN MEGACOM, INC. (AMI) ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved Maintenance Contract Agreement 4IRC0001-04152003-1-SY1-N with American Megacom, Inc., as requested. AGREEMENT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 9.A.1. PUBLIC HEARING - ORDINANCE 2003-015 MODIFYING CHAPTER 303, ENVIRONMENTAL HEALTH AND SANITATION, OF THE INDIAN RIVER COUNTY CODE TO CLARIFY AND ORGANIZE CERTAIN SECTIONS AND CREATE A NEW PART V, PROVIDING FOR PURPOSE; DEFINITIONS; EXEMPT STRUCTURES; HEALTH DEPARTMENT APPROVAL REOUIRED FOR DEMOLITION; APPLICATION FOR APPROVAL AND FEE; INSPECTION AND REPORT; REINSPECTION FEE; PREREOUISITES FOR ISSUANCE OF APPROVAL AND REOUIREMENTS IN THE EVENT OF LATER DISCOVERED CONDITIONS; REOUIREMENTS FOR DEMOLITION; ENFORCEMENT; COORDINATION WITH BUILDING DEPARTMENTS; PENALTIES; REPEAL OF CONFLICTING PROVISIONS; APPLICABILITY; SEVERABILITY; AND AN EFFECTIVE DATE PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD APRIL 22, 2003 11 County Attorney Will Collins explained that this change was initiated by a request from the Health Department to allow them to inspect the pertinent premises for vermin and hazardous materials, prior to demolition, in order to further ensure that no one is inadvertently exposed to any risk. Mike Galanis, Director of Environmental Health, noted that we have actually been doing this for years but the regulations will now allow for a small fee and authorize the Health Department to see that asbestos and septic tanks are properly handled. He explained that everyone may not know that asbestos has to be separately treated at the Landfill and there are occasions when wells are located on these properties which need to be properly abandoned. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously adopted Ordinance 2003-015 modifying Chapter 303 of the Indian River County Code to clarify and organize certain sections and create a new Part V, providing for purpose; providing for definitions; providing for exempt structures; providing for Health Department approval required for demolition; providing for application for approval and fee; providing for inspection and report; providing for reinspection fee; providing for prerequisites for issuance of approval and requirements in the event of later discovered conditions; providing for requirements for demolition; providing for enforcement; providing for coordination with Building Departments; providing for penalties; providing for repeal of conflicting provisions; providing for applicability; providing for severability; and providing for an effective date. APRIL 22, 2003 12 9.A.2. PUBLIC HEARING -PROPOSED ORDINANCE AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM A-1 AND RS -3 TO PD FOR THE PROPERTY LOCATED ON THE NORTH SIDE OF 26TH STREET, EAST OF 66TH AVENUE - GARY ROSEN, REAL ESTATE DEVELOPMENT & INVESTMENT -26 TH STREET RESIDENTIAL PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling reviewed the project for the Board using the Land Use Map and stated that notice of the project was sent to property owners within 300 feet of the development. Notice was also published in the Press Journal. There was an error in the mailing in that owners in the Oak Chase Subdivision on the east side did not receive their notices as quickly as they would have liked. These mailings are done as a courtesy, there is no requirement that it be done. County Attorney Will Collins confirmed that mailing of the notice is a courtesy of the Department and does not invalidate the notice. The Board is free to proceed unless the applicant is willing to defer or withdraw his application. Director Boling noted that this is a conceptual plan which was approved by staff and by the Planning & Zoning Commission. There have been some concerns voiced by neighboring residents about the bridge over Lateral A Canal and the Public Works Department has advised that improvement of that bridge is not required but improvement is planned in FY 2004-05. Residents also expressed concern about drainage to the north of the project. However, this is simply a conceptual plan and drainage will not be addressed until the detailed engineering is presented in conjunction with the next phase of the approval. The applicant has exceeded the environmental preservation requirements. Director Boling then covered the buffering requirements and discussed the 31St Street rights-of-way for a half street which require the developer either to dedicate the remaining rights-of-way or to come back to the Board and apply for abandonment with adjacent property owners being notified. Staff is recommending approval with the conditions set forth in the memorandum. APRIL 22, 2003 13 Commissioner Ginn questioned why turn lanes are not being required at the northern entrance on 33rd Street, and Director Boling replied that staff believes most trips will be made on 261'' Street. Commissioner Ginn then questioned whether 31st Street (Juliette Lane) was ever platted, and Director Boling responded that the thoroughfare plan provides for a major east -west and a major north -south roadway every 1/2 mile. This street is not included in the plan. Discussion ensued regarding the lot sizes and setbacks. In response to questioning, Director Boling stated that the lots in the Oak Chase Subdivision are 95 feet. Commissioner Ginn noted that the setback in her rear yard is 25 feet and that is very close, she can hear her neighbors talking on their telephone. Chairman Macht commented that he had watched the systematic destruction of Oviedo, Florida which was a very nice area of individual homes until the developers cut the lot sizes down to 50 feet. He believed that the PD regulations have been stretched beyond their intended limits and we are now depending on buffering to hide poorly developed communities. He felt it was time to declare a moratorium on PDs for 6 months to give the Board and staff time to workshop these regulations and come up with a plan that will work for this community. He felt the engineer's statement on Page 220 of the backup, to -wit: "..... lot size issue continued to be a concern throughout the County, and was a market-driven decision .....". He felt they are saying that they are not interested in the welfare of the community but in how much money they can wring out of the project. Public Works Director Jim Davis noted that the employment centers are where the most traffic would be likely which would be to the southeast of the project. Agriculture is mostly located on the north and there would be little traffic generated at that entrance. The Chairman opened the public hearing and asked if anyone wished to be heard with regard to this matter. Ray Scent, 1615 71st Court, pointed out that there are quite a few older communities which have 50 -foot lots. Tropic Colony is one and there are several on the beach. He questioned who could afford the larger lot sizes and who would want the increased minimum living areas. He felt Vero Beach is becoming a community where everyone has to be wealthy and there are no provisions APRIL 22, 2003 14 being made for the "little" guy. As a pastor, he deals with people who are looking for assistance to pay their rents and utilities. He did not see anything wrong with the 50 -foot lots or even manufactured home communities. He believed that people are being forced into living in larger spaces than they need and into buying larger lots than they want. Upon questioning, Pastor Scent replied that his lot is a 100 -foot lot and he wished it were smaller so he wouldn't have to cut so much grass. Keith Pelan, Vice President of Kimley-Horn, representing the applicant, stated that this proposed PD project would replace 6 standard subdivisions which is what will go on the property if this project is not accepted. The plan originally called for 42 -foot lots which have been increased to 50 feet. On 33rd Street, there is a canal, plus a proposed wall, plus a 25 -foot buffer. He believed this is a really good transition for this area and the project has met all the requirements. The 31St Street half streets are disconnected and the applicant is willing to do whatever is necessary regarding the drainage. He realized that 463 units sounds like a lot but the Commissioners need to remember that this is a 40 -acre project. Commissioner Neuberger stated that he lives on a large lot but believes that people are looking for smaller properties. He also noted that the City of Vero Beach is full of 50 -foot lots. Chairman Macht pointed out that a lot of people from South Florida are moving north to escape the run-down condition of projects like this and emphasized that the City of Vero Beach has put an end to 50 -foot lots. Gary Rosen, of Real Estate Development & Investment, 1515 N. Federal Highway, Boca Raton, stated that their research indicates that some people are coming from South Florida but many more are coming from the northeast to take advantage of the amenities attached to these projects, as well as the maintenance -free living. There are a lot of 55 and over people who want affordable, maintenance -free housing such as this project. He also noted that 50% of this project is comprised of open space. Also the wetlands and uplands are being preserved. Commissioner Adams questioned the average price of the proposed homes, and Mr. Rosen responded that those nearest to the Mall will be in the $200,000 range while the larger lots will increase to the $300,000 range. APRIL 22, 2003 15 Keith Pelan questioned whether the applicant should ask for a continuance so that they will not be in a prejudicial situation should the Board strongly consider a moratorium. Attorney Dorothy Hudson, 2903 Cardinal Drive, representing Mr. and Mrs. Stephen Connelly and Robert de la Cruz, residents along 31St Street, felt the buffer represented in the drawings looks like a potential dam for water during the rainy season. She referred to her letter of April 15, 2003 addressed to Chairman Macht (COPY ON FILE WITH THE BACKUP FOR TODAY'S MEETING) addressing the concerns about the 31St Street access for Mr. and Mrs. Connelly and the maintenance of 31St Street which has been a problem for her clients for a number of years. She noted that the sheet flow of the area goes from north to south and referenced a sheriffs vehicle becoming trapped in that sheet flow at one time. She asked the Board to address the drainage problems as well as continued access for her client should 31St Street be abandoned. Jim Wright, 6255 33rd Street, has lived there for 42 years and felt the 661'' Avenue bridge traffic will be a very serious problem. There have been a number of accidents there, 2 of which involved fatalities. Frank Coffey, 1200 Admirals Walk, agreed the PD ordinance needs changes and noted that every time a PD comes to the Board for approval, it has already been approved by Planning & Zoning and staff. He felt the proper requirements need to be very specifically addressed so that developers can meet with staff and be assured that they have met the requirements set forth by the Board. Dewey Walker, 6285 33rd Street, has a citrus grove in the area and expressed his concerns. He asked that staff contact him to discuss these concerns. Richard Baker, 522 North Blue Island Lane, Sebastian, questioned whether a tree survey has been done on this property, and Director Boling responded that those concerns would be addressed in a more detailed survey at the next step of approval. Mr. Baker felt a survey should be overlaid even in the very preliminary stages so that staff can have an opportunity to identify specimen trees. APRIL 22, 2003 16 The Chairman called a recess at 10:33 and the meeting was reconvened at 10:41 with the same persons present. Rene Renzi, 314 Waverly Place, questioned whether a traffic light has been considered for 261h Street as she felt it was unsafe at the present time and would be more so with the addition of another 450 residential units, and Public Works Director Jim Davis responded that a warrant analysis has been done and that intersection does not warrant a signal at this time. Denise Ferguson, 3100 62nd Avenue, expressed concerns about the drainage in the area as well as the protection of the wildlife. She noted that there is a bobcat in the area and numerous gopher turtles. She asked the Board to stop this development if possible. Dr. Robert Nicholas, 6560 351h Lane, Oak Chase, expressed his appreciation for staff and Chairman Macht in assisting the residents of Oak Chase when they needed it. He emphasized that 12 of 17 residents in Oak Chase were not notified of this project until last Saturday. He believed that most people do not read the legal advertisements and felt that these residents should be given a further opportunity to investigate this proposed development. He suggested that applicants be required to notify surrounding residents in the future and that notice be mandatory rather than as a courtesy. He expressed concerns about traffic in the area as well as the small lot sizes. He also noted that the "lakes" proposed are really stormwater tracts and questioned whether the proposed clubhouse could be mandated. Director Boling stated that the recreation requirements for the PD could be met in various other ways and the construction of the clubhouse could not be mandated although the Board could make that a condition of development when the site plan is approved. Chairman Macht stated that he had always assumed that what was presented to the Board was guaranteed. He had not understood that the Board needed to specify those conditions. Dr. Nicholas then questioned whether a St. Johns River Water Management District permit would be required for this property, and Commissioner Adams confirmed that it would be. Dr. Nicholas then questioned whether the overflow water from the site could be handled by the 33rd Street canal, and Director Boling stated that SJRWMD requires calculations to show that APRIL 22, 2003 17 the drainage can be handled but that this is just the conceptual plan and those details would be provided at a later date. Dr. Nicholas felt this project would have a serious negative impact on Oak Chase and the Sanctuary subdivisions. He asked that staff put him on a contact list for courtesy notices, and Director Boling assured him that would be done. John Carr, 6555 351'' Lane, read a letter from Adrian and Ginya Dery, 6432 341'' Lane, (COPY IS ON FILE WITH THE BACKUP FOR TODAY'S MEETING) requesting a postponement of approval on this project so that more investigation could take place. Ron Wooster, 6550 351'' Lane, expressed major concerns about the bridge at 661'' Avenue. Barbara Snell, 6412 341'' Lane, expressed concerns about the increased traffic, especially on 33rd Street where the traffic is horrendous. She asked for a reconsideration of the traffic and density. Jeff Merrick, 6535 361'' Place, Sales Director at the Bermuda Club, felt that further restrictions on lot sizes and traffic densities would help to maintain the present quality of life in the County. He noted that $200,000 for a residential unit does not constitute affordable housing. Carolyn Plank, 3447 63rd Square, questioned whether widening 33rd is being planned, and Public Works Director Davis stated that, at the most, it would only be widened to 3 lanes to add a turn lane. Ms. Plank applauded the Board's suggestion to revisit the PD ordinance especially with regard to traffic impacts. Aileen Anderson, 6750 33rd Street, felt the conceptual plan would be a better use of the property than the original platting which would allow more density. Keith Pelan stated that they would be happy to work with the Board to revisit the PD ordinance but asked that the Board approve this project as submitted. APRIL 22, 2003 18 County Attorney Collins asked Mr. Pelan whether he would wish to defer the conceptual plan until after the Board has a chance to workshop the ordinance, rather than have the Board possibly vote against the project, and Mr. Pelan asked for a continuance. The Chairman asked if anyone else wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. County Attorney Collins advised the Board that a moratorium would require a public hearing and advertisement of the meeting. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Lowther, to continue the project to a time uncertain; impose a moratorium on Planned Developments until a workshop can be held regarding density requirements and other concerns; and to direct the County Attorney to prepare a proposed ordinance for a 6 -month moratorium on PD projects. Chairman Macht requested that the workshop be scheduled after the July budget hearings. Commissioner Adams wanted to include in the workshop concerns about subdivisions abutting an agricultural development, especially as to noise and spray drift. Chairman Macht emphasized that staff has been doing exactly what the Board requested them to do and that any shortcoming are in the Board's instructions, not in staff. THE CHAIRMAN CALLED THE QUESTION and the motion passed unanimously. 9.B.1. PUBLIC DISCUSSION ITEM - RICHARD H. BAKER, PRESIDENT OF AUDUBON SOCIETY, INC., TO DISCUSS DROPPING OF FINES TO DEVELOPERS OF "THE PALMS" AT 6TH AVENUE AND 12TH STREET (BRISBEN COS. OF CINCINNATI) APRIL 22, 2003 19 Richard Baker, President of Pelican Island Audubon Society, Inc., quoted Section 927.17.9 from the County Code and strongly disagreed with staffs reduction of the fine imposed on Brisben Cos. from $33,000 to $17,000 and hoped the Board would adopt the language from Alternative C of his memorandum of April 22, 2003 (COPY ON FILE WITH THE BACKUP FOR TODAY'S MEETING). Community Development Director Bob Keating stated that he would review the recommendations and report back to the Board. Commissioner Adams emphasized that the developers are professionals and they need to know the rules. She did not believe the County needed to cut them any slack. Mr. Baker then showed some photographs (THESE WERE NOT SUPPLIED TO THE CLERK) of another development and praised the developer, Schlitt & Bryant, who moved 25 trees onsite at $1,000 per tree, which was above and beyond the requirements. Commissioner Ginn believed we need to have someone on site when land clearing is being done who can watch to make certain the regulations are followed. Planning Director Stan Boling displayed a drawing of The Palms at Vero Beach Enhanced Entry Landscape Plan and explained briefly the process staff follows in approving these plans. Commissioner Ginn noted that we do have some very responsible builders such as those who developed Kenwood and Arbor Trace. Environmental and Code Enforcement Chief Roland DeBlois explained that the Palms at Vero Beach was a 23 -acre site and about 98% of the site was covered in Brazilian pepper. There were some clusters of pines and some oak trees intertwined with the pepper, so when it was developed, the developer was to clear out the exotics and leave the trees. That plan was approved and reviewed prior to the adoption of the new tree ordinance. Some of these were carrot -top trees and, because the grouping was so infested with pepper, they were allowed to also remove these trees. The developer will also be planting more trees. The area of concern which led to the fine was on the south of the property where they removed trees without authorization. When staff looked at the site, they believed these trees could have been saved and issued a citation and a $33,000 fine. They then met with the engineer of record and agreed that 2 of these trees could be removed and the fine was reduced to $17,000. The developer has the right to appeal to Code Enforcement for relief, which they have done. The matter will be reviewed by Code Enforcement on April 28, 2003. APRIL 22, 2003 20 David Phillips, of Culpepper & Tarpening, Inc. of Ft. Pierce, the civil engineer for the project, stated that they did obtain site plan approval. Subsequently, the survey revealed 3 or 4 trees that were in the building pad and 2 that were in the right-of-way. The drainage culvert undermined the trees closest to the right-of-way and they were removed. They sent a fax to the Environmental Department advising of these removals; however, staff has advised that they did not receive the fax. They are now going to Code Enforcement to come up with a plan. They would like to upsize some oaks in the entrance as a mitigation for the improperly removed trees. These oaks were originally to be 12 to 14 feet tall and they propose to plant trees from 17 to 20 feet tall with a girth of 4 to 6 inches in lieu of the fine of $17,000. Commissioner Adams stated that people in this community are really upset with the developer and it is up to the engineer to protect the developer, which they did not do. She felt the property had been raped and questioned whether the fax had been sent. Commissioner Lowther questioned the lowering of the fine from $33,000 and stated that he would support the original fine. Chairman Macht stated that there is nothing the Board can do at this point, inasmuch as the developer has already appealed to the Code Enforcement Board. NO ACTION REQUIRED OR TAKEN. APRIL 22, 2003 21 9.B.2. PUBLIC DISCUSSION ITEM - TOMMY MCDOUGALD TO DISCUSS RACISM Tommy McDougald, of Vero Beach, believed that racism was involved in the problem he had at the Landfill recently and stated that he would be filing suit with the federal court. He wanted the Board to know that it did not affect the Commissioners personally. NO ACTION REQUIRED OR TAKEN. 9.C.1. NOTICE THAT THE INDIAN RIVER COUNTY ATTORNEY DESIRES AN ATTORNEY-CLIENT SESSION WITH THE BOARD OF COUNTY COMMISSIONERS REGARDING A PROPOSED SETTLEMENT OF A WORKER'S COMPENSATION CLAIM, OJCC NO: 02-021907PSL AT 10:45 A.M. ON TUESDAY, MAY 6, 2003 The Chairman read the notice into the record. 9.C.2. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON MAY 6, 2003 (A) INDIAN RI VER COUNTY CHARTER SCHOOL - REO UEST FOR SPECIAL EXCEPTIONAPPROVAL FOR ADDITION OFA VISUAL AND PERFORMING ARTS PROGRAM FACILITY TO THE EXISTING CAMPUS -ADD 4 MODULAR BUILDINGS, TOTALING APPROXIMA TEL Y28,190 SOUARE FEET OF FLOOR AREA TO BE L OCA TED JUST WEST OF THE EXISTING CHAR TER SCHOOL CAMPUS (OUASI-JUDICIAL) (B) LAND DEVELOPMENT REGULATIONS (LDR) AMENDMENT FOR ROAD PAVING ESCROW REOUIREMENTS. REOUEST TO AMEND LDR SECTION 952.09(5)(c) (LEGISLATIVE) (C) COUNTY-INITIA TED REO UEST TO UPDATE THE CAPITAL IMPR 0 VEMENTS AND TRANSPOR TA TION ELEMENTS OF THE COMPREHENSIVE PLAN (LEGISLATIVE) The Chairman read the notice into the record. APRIL 22, 2003 22 11.F. EXECUTIVE SESSION WITH BOARD OF COUNTY COMMISSIONERS AND HUMAN RESOURCES DEPARTMENT - EMERGENCY MEDICAL SERVICES BATTALION CHIEFS - TEAMSTERS LOCAL 769 CONSENSUS was reached to meet in Conference Room B when this Board is adjourned. 11.G.1. EAST CR -510 AND NORTH AIA ROADWAY IMPROVEMENTS - CIVIL ENGINEERING AND LAND SURVEYING SERVICES SELECTION - KIMLEY-HORN AND ASSOCIATES ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved the rank order and authorized contract negotiation with the first -ranked firm, Kimley-Horn & Associates, and then with the second -ranked firm, Carter Associates, if unsuccessful with the first, and with the third -ranked firm, LBFH, if unsuccessful with the second, as recommended by staff. 12. COUNTY ATTORNEY - INTRODUCTION OF APPLICANT FOR ASSISTANT COUNTY ATTORNEY POSITION - WILLIAM K. County Attorney Will Collins introduced Mr. DeBraal to the Board. William K. DeBraal stated that it was nice to be back in Vero and he would give the assistant county attorney position a lot of thought. NO ACTION REQUIRED OR TAKEN. APRIL 22, 2003 23 13.A.1. CHAIRMAN KENNETH R. MACHT - RECREATION DEPARTMENT T-SHIRTS - TONS FOR FUN CHALLENGE Chairman Macht indicated the t -shirt attached to the front of the dais and stated that all Commissioners have been asked to participate in the Recreation Department's "Tons for Fun" program. He noted that the t -shirt was an extra large and that size had been supplied to all of the Commissioners. He stated that pledges would be made based on how much weight you wanted to lose and the one who loses the most pounds wins a prize. Commissioner Adams stated that she had gone down a sliding board in a bathing suit when the North County pool opened but she had no intention of getting on a scale in public. County Attorney Collins joked that those records would be public but he supposed they could be considered confidential. ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, the Board, by a 3-2 vote (Commissioners Adams and Ginn opposed) agreed to take part in the program. APRIL 22, 2003 24 13.A.2. CHAIRMAN KENNETH R. MACHT - SENATE AND HOUSE BILLS - TELECOMMUNICATIONS AND CABLE SERVICES (HOUSE BILLS 1307 AND 1169 - SENATE BILLS 654 AND 1450) Chairman Macht stated that he had drafted a letter to be sent to the Legislative Delegation, FACo and our sister counties regarding proposed Senate Bill 654 on telecommunications and broadband cable service. He believed this bill to be an assault on local authority by the industry which would preclude the Board from addressing the quality of service. Commissioner Neuberger stated that he had received a letter from Representative Poppell stating that he was monitoring these bills and noted that Representative Mayfield had also assured the Board that he was watching these bills. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Neuberger, the Board unanimously approved sending the letter as recommended by Chairman Macht. 13.A.3. CHAIRMAN KENNETH R. MACHT - NATIONAL ASSOCIATION OF COUNTIES PARK AND RECREATION OFFICIAL (NACPRO) AWARDS - GIFFORD POOL COMPLEX AND NORTH COUNTY POOL COMPLEX Chairman Macht referenced a Memorandum received from Parks and Recreation Director Cliff Crawford (COPY IS ON FILE WITH THE BACKUP FOR TODAY'S MEETING) advising that the North County Aquatic Center received the 2003 Merit Award from the National Association of Counties Park and Recreation Officials (NACPRO) and the Gifford Aquatic Center received the highest recognition in achieving first place and winning the 2003 NACPRO Park and Recreation Facility Award. The presentations will be made in Milwaukee, Wisconsin at the 2003 NACPRO annual meeting on July 11, 2003. Chairman Macht continued that he had overheard a conversation about how wonderful the North County Pool was and has been advised that they are usually overcrowded. He was advised that a large group of people from North Brevard County come down every week and the Mighty Mites from South County regularly go up there. We are far ahead of our sister counties in the recreation facilities offered to residents. He offered his congratulations to the Recreation APRIL 22, 2003 25 Department staff and to Commissioner Adams for her efforts on behalf of the Recreation Department. NO ACTION REQUIRED OR TAKEN. 14.A. EMERGENCY SERVICES DISTRICT None. 14.B. SOLID WASTE DISPOSAL DISTRICT None. 14.C. ENVIRONMENTAL CONTROL BOARD None. ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 12:42 p.m. ATTEST: Jeffrey K. Barton, Clerk Kenneth R. Macht, Chairman Minutes Approved: APRIL 22, 2003 26