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Home My WebLink About05/11/2004 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF MAY 11, 2004 1.CALL TO ORDER........................................................................................ 1 2.INVOCATION ............................................................................................... 1 3.PLEDGE OF ALLEGIANCE...................................................................... 1 4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ............................................................................................................ 1 5.PROCLAMATION – DESIGNATING THE WEEK OF MAY 16-22, 2004 AS EMERGENCY MEDICAL SERVICES WEEK ............ 2 6.A.APPROVAL OF MINUTES – MEETING OF MARCH 23, 2004 ......... 2 6.B.APPROVAL OF MINUTES – MEETING OF APRIL 6, 2004 ............... 3 7.CONSENT AGENDA ................................................................................... 3 7.A.AW ...........................................................................................3 PPROVAL OF ARRANTS 7.B.2004ENMCCE LECTION OF ATHAN COLLUM AS HAIRMAN OF LECTED OOC(EOOC) ...........................................................3 FFICIALS VERSIGHT OMMITTEE May 11, 2004 1 7.C.RKWPLA ESIGNATION OF ATHRYN ILSON FROM THE UBLIC IBRARY DVISORY B(PLAB) ...........................................................................................................3 OARD 7.D.TIRS–CAMPO, OWN OF NDIAN IVER HORES OMMITTEE PPOINTMENTS TO MPOTAC,MPOCAC,MPOBPAC,COPO,LAAC,PRC,TCCLG,AHAC, BSPAB,TCRPC .................................................................................................4 AND 7.E.TO–CAAHAC,BSPAC,ESDAC, OWN OF RCHID OMMITTEE PPOINTMENTS TO MPO-BAC,MPO-TAC,NBICPTF,LAAC,MPO ...................................................4 7.F.CMS–TMC HASE EADOWS UBDIVISION HIRD ODIFICATION TO ONTRACT FOR CRI–CM,L.L.C. ...........5 ONSTRUCTION OF EQUIRED MPROVEMENTS HASE EADOWS 7.G.AB#6071–DF(4)CS– WARD ID EMOLITION OF OUR ONDEMNED TRUCTURES HF&S(BD) ........................................................6 ENRY ISCHER ONS UILDING IVISION 7.H.FCFBWL11,B14,V LOODPLAIN UT AND ILL ALANCE AIVER FOR OT LOCK ERO LE,U2,834694A–CC ............6 TH AKE STATES NIT AT VENUE ROCKER ONSTRUCTION 7.I.FPAPRR--WK INAL LAT PPROVAL FOR A RIVATE OAD IGHTOFAY TO BE NOWN AS 47AS.W.(25SS.W.)–RSM ....................7 THTH VENUE TREET EQUESTED BY EAN INIX 7.J.HDSCDO(DO) EARING ATE CHEDULED TO ONSIDER THE EVELOPMENT RDER WV–DVDR FOR THE ATERWAY ILLAGE IOSTA EVELOPMENT OF EGIONAL I(DRI) .............................................................................................................7 MPACT 7.K.AB#6057–RCT(3)C-O WARD ID OOF OATING FOR HREE OUNTYWNED AND OF–SRS,I.-C PERATED ACILITIES UPERIOR OOFING YSTEMS NC OUNTY AA,S’B&G,JP DMINISTRATION NNEX HERIFFS UILDING ARAGE AND AIL HASE II&III ........................................................................................................................7 7.L.S–FTF–FMC’D HERIFF ORFEITURE RUST UND LORIDA ISSING HILDRENS AY C ...............................................................................................................8 EREMONIES 7.M.RN.2004-049-R--WA16/17 THTH ESOLUTION O IGHTOFAY CQUISITION FOR THE SRWPRLF TREET OAD IDENING ROJECT AND EVISED OCALLY UNDED A(LFA)FDT GREEMENT WITH THE LORIDA EPARTMENT OF RANSPORTATION (FDOT) .......................................................................................................................8 7.N.26SBRORLC(74 THTH TREET RIDGE EPLACEMENT VER ANGE INE ANAL A)–PN.0378/CON.2–S&S VENUE ROJECT O HANGE RDER O HELTRA ON CC,I. .................................................................................9 ONSTRUCTION OMPANY NC May 11, 2004 2 7.O.PHSSAR ROCLAMATION ONORING TEPHEN TRADLEY FOR TTAINING THE ANK OF ES .............................................................................................................9 AGLE COUT 9.A.1.PUBLIC HEARING ON TRAFFIC IMPACT FEES (TIF) – A PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 953, FAIR SHARE ROADWAY IMPROVEMENTS (LEGISLATIVE) ................................ 9 9.B.1.PUBLIC DISCUSSION ITEM - BRIAN T. HEADY – IMPOSITION OF IMPACT FEES ........................................................... 15 9.B.2.PUBLIC DISCUSSION ITEM – FRANK ZORC – REFERENDUM NOVEMBER 2004 ON GROWTH DEVELOPMENT ISSUE ............. 16 9.C.1.PUBLIC NOTICE ITEM – PUBLIC HEARING ON MAY 18, 2004 ON VERO CHRISTIAN CHURCH’S REQUEST FOR SPECIAL EXCEPTION AND MAJOR SITE PLAN APPROVAL FOR A PLACE OF WORSHIP (QUASI-JUDICIAL) ........................................ 16 9.C.2.PUBLIC NOTICE ITEM – PUBLIC HEARING ON JUNE 1, 2004 ON J & E OSLO GROVE INVESTMENT’S REQUEST TO TH REZONE 10.67 ACRES LOCATED 630 FEET SOUTH OF 9 STREET S.W. (OSLO ROAD) AND APPROXIMATELY 620 FEET EAST OF 27TH AVENUE, FROM RS-6, SINGLE FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE) TO RM-6, MULTI-FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE) (QUASI-JUDICIAL) ...................................................... 16 9.C.3.PUBLIC NOTICE ITEM – PUBLIC HEARING SET FOR JUNE 8, 2004 – PARKWOOD LAND INVESTMENT INC.’S REQUEST May 11, 2004 3 TO REZONE 9.3 ACRES LOCATED AT THE NORTHEAST THTH CORNER OF 66 AVENUE AND 26 STREET, FROM A-1, AGRICULTURAL DISTRICT (UP TO 1 UNIT/5 ACRES), TO RM-6, MULTI-FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE) (QUASI-JUDICIAL) ....................................................... 17 9.C.4.PUBLIC NOTICE ITEM – PUBLIC HEARING SET FOR AUGUST 17, 2004 TO CONSIDER THE DEVELOPMENT ORDER (DO) FOR THE WATERWAY VILLAGE – DIVOSTA DEVELOPMENT OF REGIONAL IMPACT (DRI) ............................. 17 TH 11.I.1.UTILITY EASEMENT AT 16 STREET BALL FIELD REQUESTED BY THE CITY OF VERO BEACH ................................ 17 11.I.2.EAST INDIAN RIVER COUNTY MASTER STORMWATER MANAGEMENT PLAN - VORTEX TREATMENT SYSTEMS AT THE MAIN RELIEF CANAL, NORTH RELIEF CANAL, AND SOUTH RELIEF CANAL IN THE INDIAN RIVER FARMS WATER CONTROL DISTRICT – CARTER ASSOCIATES, INC. - WORK ORDER NO. 5 FOR FINAL ENGINEERING DESIGN ...... 18 11.J.1.SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM UPGRADES - LIFT STATIONS, WASTEWATER TREATMENT FACILITIES AND RECLAIMED WATER SITES – AUTHORIZATION TO PROCEED WITH BIDDING .................................................................... 19 11.J.2.WALKER WOODS APARTMENTS OFF SITE FORCE MAIN RD ON 33 STREET (THE OAK CHASE AND THE SANCTUARY THTH SUBDIVISIONS) FROM 66 TO 58 AVENUES – PAYMENT May 11, 2004 4 REQUEST NO. 17/FINAL – WALKER WOODS CLUB LTD. (CORONADO DEVELOPMENT, INC.) ................................................. 19 11.J.3.UTILITY RELOCATIONS TO AVOID CONFLICTS WITH MISCELLANEOUS PROPOSED PUBLIC WORKS DRAINAGE IMPROVEMENT PROJECTS #0365, #0367, #0368, #0369, #0395, AND #9922 – GEORGE E. FRENCH - WORK AUTHORIZATION DIRECTIVE NO. 2001-085 ........................................................................ 20 13.ACHAIRMAN CAROLINE D. GINN ........................................................ 20 13.B.VICE CHAIRMAN ARTHUR R. NEUBERGER .................................. 20 13.C.COMMISSIONER FRAN B. ADAMS ..................................................... 21 13.D.COMMISSIONER THOMAS S. LOWTHER ........................................ 21 13.E.COMMISSIONER KENNETH R. MACHT ........................................... 21 14.A.EMERGENCY SERVICES DISTRICT .................................................. 21 14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 21 14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 21 May 11, 2004 5 May 11, 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, May 11, 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; Kimberly Massung, Executive Aide to the Board; and Patricia Ridgely, Deputy Clerk. 1. CALL TO ORDER Chairman Ginn called the meeting to order. 2. INVOCATION Reverend Carol Trax, Community Church, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Lowther 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: May 11, 2004 1 thth 1.Add 7.N. 26 Street Bridge Replacement Over Range Line Canal (74 Avenue) – Project No. 0378/Change Order No. 2 – Sheltra & Son Construction Company, Inc. 2.Add 7.O. Proclamation Honoring Stephen Stradley for Attaining the Rank of Eagle Scout. 3.Defer 9.B.2. at the request of Mr. Frank Zorc. 4.Move 7.J. to 9.C.4. ON MOTION by Commissioner Adams, SECONDED by Vice Chairman Neuberger, the Board unanimously made the above changes to the Agenda. 5. PROCLAMATION – DESIGNATING THE WEEK OF MAY 16-22, 2004 AS EMERGENCY MEDICAL SERVICES WEEK The Chairman presented this Proclamation to EMS Deputy Chief Cory Richter who accepted with thanks of the department for the proclamation and the Commissioners’ continued support. 6.A. APPROVAL OF MINUTES – MEETING OF MARCH 23, 2004 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of March 23, 2004. There were none. ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, the Board unanimously approved the Minutes of the Regular Meeting of March 23, 2004, as written and distributed. May 11, 2004 2 6.B. APPROVAL OF MINUTES – MEETING OF APRIL 6, 2004 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of April 6, 2004. There were none. ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, the Board unanimously approved the Minutes of the Regular Meeting of April 6, 2004, as written and distributed. 7. CONSENT AGENDA 7.A. AW PPROVAL OF ARRANTS ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved the list of warrants issued by the Clerk to the Board for the period April 23-29, 2004, as requested in the memorandum dated April 29, 2004. 7.B. 2004ENMCC LECTION OF ATHAN COLLUM AS HAIRMAN OF EOOC(EOOC) LECTED FFICIALS VERSIGHT OMMITTEE The Board noted the election above for the record. 7.C. RKWPL ESIGNATION OF ATHRYN ILSON FROM THE UBLIC IBRARY AB(PLAB) DVISORY OARD May 11, 2004 3 The Board accepted the resignation of Kathryn Wilson with regret. 7.D. TIRS–CA OWN OF NDIAN IVER HORES OMMITTEE PPOINTMENTS TO MPO,MPOTAC,MPOCAC,MPOBPAC,COPO,LAAC,PRC, TCCLG,AHAC,BSPAB,TCRPC AND The Board noted the following appointments: Metropolitan Planning Organization David J. Becker MPO Alternate John A. Klein MPO Technical Advisory Committee Hugh A. Cox, Jr. MPO Citizens Advisory Committee Robert G. Bowman MPO Bike Path Advisory Committee Barbara Tilney Council of Public Officials E. William Kenyon Land Acquisition Advisory Committee John A. Klein Parks & Recreation Committee William H. Ahrens Treasure Coast Council of Local Governments Thomas W. Cadden Affordable Housing Advisory Committee Robert J. Bradshaw Beaches & Shores Preservation Advisory Board William H. Ahrens Treasure Coast Regional Planning Council (Alt.) William H. Ahrens 7.E. TO–CAAHAC, OWN OF RCHID OMMITTEE PPOINTMENTS TO BSPAC,ESDAC,MPO-BAC,MPO-TAC,NBICPTF,LAAC, MPO The Board noted the following appointments: May 11, 2004 4 Affordable Housing Advisory Committee David Jakubiak Beaches & Shores Preservation Advisory Committee David Jakubiak Emergency Services District Advisory Committee David Jakubiak MPO Bikepath Advisory Committee David Jakubiak MPO Technical Advisory Committee David Jakubiak North Barrier Island Corridor Plan Task Force David Jakubiak Land Acquisition Advisory Committee Walter Sackville Metropolitan Planning Organization Richard Dunlop 7.F. CMS–TM HASE EADOWS UBDIVISION HIRD ODIFICATION TO CCRI– ONTRACT FOR ONSTRUCTION OF EQUIRED MPROVEMENTS CM,L.L.C. HASE EADOWS Commissioner Macht separated this from the Consent Agenda. He stated that Mr. Chase, the developer of this project and Oak Chase, has not been forthcoming in fulfilling his contractual obligations on several items at Oak Chase and has avoided consultations with him and Public Works Director James Davis. Although he was reluctant to approve this item, he would because it was a technicality. ON MOTION by Commissioner Macht, SECONDED by Commissioner Lowther, the Board unanimously approved the proposed Cash Deposit and Escrow Agreement and Third Modification to Contract for Construction of Required Improvements No. SD-00-06-07-CFC (93050013-26511) extending the completion date to May 14, 2005 and authorized the Chairman to execute same, as recommended in the memorandum dated April 15, 2004. May 11, 2004 5 COPIES OF DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.G. AB#6071–DF(4)C WARD ID EMOLITION OF OUR ONDEMNED S–HF&S(BD) TRUCTURES ENRY ISCHER ONS UILDING IVISION ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously awarded Bid #6071, in the amount of $21,459.50, to Henry Fischer & Sons, Inc., as the second lowest most responsive and responsible bidder who is duly licensed in Indian River County, and meets the specifications as set forth in the Invitation to Bid, as recommended in the memorandum dated May 3, 2004. (All Phase Environmental, Inc., the apparent low bidder, was unable to verify proper licensing.) 7.H. FCFBWL11,B LOODPLAIN UT AND ILL ALANCE AIVER FOR OT LOCK 14,VLE,U2,834694A–C TH ERO AKE STATES NIT AT VENUE ROCKER C ONSTRUCTION ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously granted the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)4, as recommended in the memorandum dated April 28, 2004. May 11, 2004 6 7.I. FPAPRR--W INAL LAT PPROVAL FOR A RIVATE OAD IGHTOFAY TO BE K47AS.W.(25SS.W.)–R THTH NOWN AS VENUE TREET EQUESTED BY SM EAN INIX ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously granted final plat approval for the private road right-of-way to be known th as 47 Avenue SW, as recommended in the memorandum dated April 29, 2004. 7.J. HDSCD EARING ATE CHEDULED TO ONSIDER THE EVELOPMENT O(DO)WV–DV RDER FOR THE ATERWAY ILLAGE IOSTA DRI(DRI) EVELOPMENT OF EGIONAL MPACT MOVED TO 9.C.4. 7.K. AB#6057–RCT(3) WARD ID OOF OATING FOR HREE C-OOF–SR OUNTYWNED AND PERATED ACILITIES UPERIOR OOFING S,I.-CAA,S’ YSTEMS NC OUNTY DMINISTRATION NNEX HERIFFS B&G,JPII&III UILDING ARAGE AND AIL HASE ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously awarded Bid #6057, in the amount of $30,000, to Superior Roofing Systems, Inc., as the most responsive and responsible bidder meeting the specifications as set forth in the May 11, 2004 7 Invitation to Bid, as recommended in the memorandum dated May 4, 2004. 7.L. S–FTF–FM HERIFF ORFEITURE RUST UND LORIDA ISSING C’DC HILDRENS AY EREMONIES ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved use of $1,000 from the Sheriff’s Forfeiture Trust Fund for the Missing Children’s Day ceremonies, as requested in the letter of April 30, 2004. 7.M. RN.2004-049-R--WA ESOLUTION O IGHTOFAY CQUISITION FOR 16/17SRWPR THTH THE TREET OAD IDENING ROJECT AND EVISED LFA(LFA)F OCALLY UNDED GREEMENT WITH THE LORIDA DT(FDOT) EPARTMENT OF RANSPORTATION ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously authorized the Chairman to execute the Agreement; directed the Community Development Director to transmit the LFA; and adopted Resolution No. 2004-049 approving a locally funded Agreement with the Florida Department of Transportation to fund a portion of the local match for right thth of way acquisition associated with the 16/17 Street widening project. May 11, 2004 8 PARTIALLY EXECUTED AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.N. 26SBRORLC TH TREET RIDGE EPLACEMENT VER ANGE INE ANAL (74A)–PN.0378/CON.2– TH VENUE ROJECT O HANGE RDER O S&SCC,I. HELTRA ON ONSTRUCTION OMPANY NC ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board approved Change Order No. 2 to the contract with Sheltra & Son Construction Company, Inc., for an increase in contract cost of $122,400.00, and an increase of 10 days in the time of the contract, and directed the Chairman to execute same, as recommended in the memorandum of May 7, 2004. DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.O. PHSSA ROCLAMATION ONORING TEPHEN TRADLEY FOR TTAINING RES THE ANK OF AGLE COUT This proclamation has been entered for the record. 9.A.1. PUBLIC HEARING ON TRAFFIC IMPACT FEES (TIF) – A PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 953, FAIR SHARE ROADWAY IMPROVEMENTS (LEGISLATIVE) May 11, 2004 9 PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating briefly reviewed the memorandum dated May 5, 2004 provided in the backup. He recounted that the Board established a countywide impact fee formula in 1986 when the fees for various land uses were set. The formula has not changed since then, but the values in the formula changed in 1999. He mentioned all of the County’s boards and committees that recommended approval of this LDR amendment. Staff has also recommended adoption of the proposed ordinance with an effective date of June 1st as well as a recommendation that the Board require the impact fees be updated every 3 years. Bob Wallace , Tindale-Oliver and Associates, Inc., 3660 McGuire Boulevard, Orlando 32603, indicated his pleasure to have worked with staff as the County’s consultant. His presentation included a discussion of the methodologies and assumptions used in the development of the proposed TIF Ordinance. His PowerPoint presentation (copy in the backup in the office of the Clerk to the Board) and comments consisted of the following: Overview of Presentation, Basic Impact Fee Formula, Transportation Impact Fee Cost (single family home), Transportation Impact Fee Credit (single family home), Net Transportation Impact Fee (single family home), Standards Driven Impact Fee (including flexibility on spending the funds), Update of Fee Components, Review of Credits, Update of Revenue Credits, Benefits of Increased Fees, Recommendations to Date, Staff Recommendations, and Transportation Impact Fees for Selected Land Uses. He specified that these TIFs are in line with those of other counties. Questions, explanations, and discussion ensued regarding comparisons to impact fees to those of nearby counties, residential versus business impact fees, square foot of construction basis, the major increase of impact fees over the current TIFs, percentages of increase, calculation of trip generation miles, trips to small shopping centers versus large ones, concern of possible penalization of the small business owner, use of ITE (Institute of Transportation Engineers) rates, FDOT credits, clarification on the method used in determining May 11, 2004 10 the percentage increase, and a point-of-interest that there is no TIF for sand mines whose trucks are tearing up the roads. (Clerk’s Note: The Chairman called a recess at 10:04. The meeting was reconvened at 10.13.) The Chairman requested that speakers limit their remarks to 3 minutes, opened the public hearing, and called on those who had signed up to speak regarding this matter. Russell Flinchum , 816 Gayfeather, thanked the Board for clarifying the calculation used for the percentage increase. As a contractor for medical buildings, he pointed out the unfairness of the increase in TIFs because doctors’ reimbursement rates from Medicare and insurance companies are regulated and the doctors cannot pass on these additional costs for impact fees to end users. He held that the proposed TIF increase will negatively affect land costs for commercial development. th Randall Flinchum , 2406 19 Avenue, explained his business of buying and renovating homes and feared the proposed TIF increase will kill his business. A more gradual increase would be more acceptable. Duane Weise , 8485 Seacrest Drive, questioned the factors used in this recommendation. He asked that the Board delay their decision in order to make a more insightful analysis because the rates for the other (proposed) impact fees are still unknown. th Eligha Pryor Jr. , 4646 30 Avenue, a house-builder, asked that the effective date st be delayed until August or September, not June 1, because he has contracts to fulfill. Vern Toulson , 95 Cache Cay Drive, president of the Treasure Coast Builders’ Association, had concerns about the burden being placed on young families as the cost of the average home is climbing and will soon approach $200,000. Everything is going up including interest rates and material costs. Concrete and labor shortages impact new home prices also. He asked them to explore other more broad-based funding sources. May 11, 2004 11 Bob Swift , 6450 Glendale Road, raised a “fundamental question” by asking if we really know what this TIF will do. He considered it a “tax” and believed a 342% increase does not pass the reasonability test. He encouraged a delay on a decision to allow time to check on both of these concerns. th Greg Burke, 455 29 Court SW, believed that it is fair for development to pay for itself, but this large percentage increase is most critical. th Tim Zorc , 4415 5 Place SW, a local home-builder and a director of Treasure Coast Builders' Association, felt the trip lengths used as a factor in this study are flawed and are actually much shorter. He believed that when various committees made their recommendations they looked at this issue as a “hot potato”. His company had put a hold on contracts 30 days ago to see what happens. He suggested volunteers be recruited to monitor trip generation and trip length. He also believed that users ought to pay for the roads under a gas tax. He also suggested the County buy road rights-of-way for use in the next 20 years at today’s prices to save money. John Williams , 1535 Smuggler’s Cove, spoke in favor of this impact fee proposal and the increase of $3,500 for a home. He looked at it as an increase of only $700 a year for the last 5 years (when it was last increased). He considered it fair to pass these costs to new people and unfair to pass them to existing homeowners. High property costs to the south have not slowed growth there. Many have looked to Indian River County where property is still available at lower cost. It is “baloney” to think that impact fees are going to slow growth. He was opposed to additional gas tax and urged the Board to go forward with these formulas that have been upheld by Florida law. Dr. Chris Tardif Chairman Ginn advised that was not present and read a letter from him which stated that he believed the proposed TIF increase will negatively affect medical services in town because the providers cannot pass their cost increase on to the end user. (Copy of letter is on file in the office of the Clerk to the Board.) st Chip Landers , 1636 51 Court, on behalf of existing and future taxpayers, opined that when growth slows so will the proposed impact fees and existing taxpayers will remain. He wondered how the County would pay when the impact fees drop off. He favored an incremental May 11, 2004 12 TIF increase each year. He proposed a $50,000,000 bond issue for roads be put on the ballot for the voters to decide. th Allen Green , 8030 98 Avenue, advised that he builds homes from 1,000 to 2,200 square feet, ranging from $80,000 to $100,000 plus the cost of the lot. The majority of the homes he builds are for people who are relocating from within the county; this TIF would unfairly burden them. If the Board does decide to go forward with this proposal, he suggested they agree to a 3-month implementation. He thought a gas tax would be fairer. Rosie BoylanWilliam J. Mallon, , 3712 Mockingbird Drive, read a letter from MD , into the record opposing the proposed increase in impact fees because “it will create an artificial moratorium on new medical office space” and “will also unfairly elevate an already inflated rental market in Vero Beach.” (A copy of this letter is on file with the backup for the meeting in the Office of the Clerk to the Board.) Helene Caseltine , Indian River County Chamber of Commerce, said the major concerns are workforce housing, and start up business/mall business. The middle income population is their concern. She urged them to limit the amounts of impact fees and have a 12-month review. Joseph Paladin , with a business office at 730 Commerce Drive, believed the County needs to take into consideration the little guy and have the ability to adjust the impact fees for a first time home-buyer, those on limited income, or the elderly. In his comment on the industrial-park-mystery-business, he recommended use of conscience on how funds are spent. He thought the people who are making money off our county are those who flip property to make a profit and there is no impact fee for them. The cost of that profit ultimately gets passed on to the buyer of the house. He suggested those who are flipping property pay for the impact. Brian Heady, Vero Beach, considered that impact fees must be a new source of income for government, the bottom line, it is a new tax on all of us. Frank Coffey , 1200 Admirals’ Walk, believed there is a need to increase impact fees to a reasonable amount. He supported the Chamber of Commerce’s suggestion and urged the Board not to act on this until they have all the information. May 11, 2004 13 th Glenn Legwen , 5900 5 Street SW, urged the Board to wait until all the facts are in and then do further study. Jerry Swanson , a developer, 1040 E. Polo Grounds Drive, expressed concern about the effect of impact fees on the medical community; medicine is a clean industry and an asset to the community. He gave a comparison of current impact fees versus the proposed on a 40,000 square foot medical building. He predicted there would be a dramatic increase of property costs and a continuous cost increase in property taxes. He urged the Board to delay their decision in order to take a hard look at the impact fees to make sure they are fair and just. Discussion ensued on how much the County would receive from an increase in gas tax. 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 believed that impact fees are supposed to pay for new growth and gas taxes are for everyone; she was opposed to a gas tax increase. Commissioner Adams believed that impact fees do slow growth and put the tax burden on businessmen, not on homesteaded homeowners. She thought this was too great an increase and that the implementation of any new impact fee needs to be delayed until at least October and maybe even January. Director Keating stated that the implementation could be delayed. He suggested that staff could present the Board with different discount rates. He emphasized that whatever the rate it needs to be consistently applied to all new construction. County Administrator Baird added that staff wanted to be certain that the fees would be defensible in Court. We know the cost per lane but if the Board agrees that they are willing to discount the fees they must apply them fairly across all industries. May 11, 2004 14 Commissioner Macht urged the Board to take into consideration a pending transaction at the industrial park and how the imposition of impact fees might have a negative affect on it. Vice Chairman Neuberger stated that no one denies we need impact fees. He accepted on faith what our expert had said. He suggested the impact fees be implemented slowly and the Board should come to a consensus on lowering the number. County Administrator Baird cautioned that if the Board decides to discount the fees more than 15%, we will have to recover those funds another way or postpone the implementation of roadways. He then gave them examples of deeper discounts and the resulting impact fees. Extensive discussion ensued. Renee Renzi , Waverly Place, suggested the Board think about capturing some sort of fee on the land “flips”. County Attorney Collins responded that, by law, they cannot do that; it had been proposed at state level but never passed. Ms. Renzi then suggested that the Commissioners support this at state level. ON MOTION by Vice Chairman Neuberger, SECONDED by Commissioner Lowther, the Board unanimously tabled this to their next meeting (May 18) for more information and discussion. 9.B.1. PUBLIC DISCUSSION ITEM - BRIAN T. HEADY – IMPOSITION OF IMPACT FEES Brian Heady , Vero Beach, did not speak on this topic but expounded on his complaint that if the Chairman does not like what he has to say, he is told to step down. May 11, 2004 15 9.B.2. PUBLIC DISCUSSION ITEM – FRANK ZORC – REFERENDUM NOVEMBER 2004 ON GROWTH DEVELOPMENT ISSUE This was postponed to next week at Mr. Zorc’s request. 9.C.1. PUBLIC NOTICE ITEM – PUBLIC HEARING ON MAY 18, 2004 ON VERO CHRISTIAN CHURCH’S REQUEST FOR SPECIAL EXCEPTION AND MAJOR SITE PLAN APPROVAL FOR A PLACE OF WORSHIP (QUASI-JUDICIAL) The Chairman read the title into the record. 9.C.2. PUBLIC NOTICE ITEM – PUBLIC HEARING ON JUNE 1, 2004 ON J & E OSLO GROVE INVESTMENT’S REQUEST TO TH REZONE 10.67 ACRES LOCATED 630 FEET SOUTH OF 9 STREET S.W. (OSLO ROAD) AND APPROXIMATELY 620 FEET EAST OF 27TH AVENUE, FROM RS-6, SINGLE FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE) TO RM-6, MULTI-FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE) (QUASI-JUDICIAL) The Chairman read the title into the record. May 11, 2004 16 9.C.3. PUBLIC NOTICE ITEM – PUBLIC HEARING SET FOR JUNE 8, 2004 – PARKWOOD LAND INVESTMENT INC.’S REQUEST TO REZONE 9.3 ACRES LOCATED AT THE NORTHEAST THTH CORNER OF 66 AVENUE AND 26 STREET, FROM A-1, AGRICULTURAL DISTRICT (UP TO 1 UNIT/5 ACRES), TO RM-6, MULTI-FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE) (QUASI-JUDICIAL) The Chairman read the title into the record. 9.C.4. PUBLIC NOTICE ITEM – PUBLIC HEARING SET FOR AUGUST 17, 2004 TO CONSIDER THE DEVELOPMENT ORDER (DO) FOR THE WATERWAY VILLAGE – DIVOSTA DEVELOPMENT OF REGIONAL IMPACT (DRI) MOVED FROM 7.J. The Chairman read the title into the record. TH 11.I.1. UTILITY EASEMENT AT 16 STREET BALL FIELD REQUESTED BY THE CITY OF VERO BEACH ON MOTION by Commissioner Macht, SECONDED by Vice Chairman Neuberger, the Board unanimously granted May 11, 2004 17 the easement, as recommended in the memorandum dated April 29, 2004. DEED OF EASEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD (COPY OF RECORDED DOCUMENT IS ALSO ON FILE) 11.I.2. EAST INDIAN RIVER COUNTY MASTER STORMWATER MANAGEMENT PLAN - VORTEX TREATMENT SYSTEMS AT THE MAIN RELIEF CANAL, NORTH RELIEF CANAL, AND SOUTH RELIEF CANAL IN THE INDIAN RIVER FARMS WATER CONTROL DISTRICT – CARTER ASSOCIATES, INC. - WORK ORDER NO. 5 FOR FINAL ENGINEERING DESIGN Chairman Ginn commented this was a good job and very complete work. ON MOTION by Commissioner Adams, SECONDED by Vice Chairman Neuberger, the Board unanimously approved Work Order No. 5 to the Professional Services Agreement with Carter Associates, Inc. for Final Design Services and Construction Management Services for Stormwater Pollution Control Systems in the Main Relief Canal, the South Relief Canal, and the North Relief Canal and authorized the Chairman to execute same, as recommended in the memorandum dated May 5, 2004. WORK ORDER NO. 5 IS ON FILE May 11, 2004 18 IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.1. SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM UPGRADES - LIFT STATIONS, WASTEWATER TREATMENT FACILITIES AND RECLAIMED WATER SITES – AUTHORIZATION TO PROCEED WITH BIDDING ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, the Board unanimously authorized the Utilities Services staff to proceed with bidding for the proposed project, as recommended in the memorandum dated May 3, 2004. 11.J.2. WALKER WOODS APARTMENTS OFF SITE FORCE MAIN RD ON 33 STREET (THE OAK CHASE AND THE SANCTUARY THTH SUBDIVISIONS) FROM 66 TO 58 AVENUES – PAYMENT REQUEST NO. 17/FINAL – WALKER WOODS CLUB LTD. (CORONADO DEVELOPMENT, INC.) ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously approved the Developer’s Request for Payment No. 17 – FINAL, by Coronado Development, Inc., in the amount of $38,645.99, as recommended in the memorandum dated April 28, 2004. May 11, 2004 19 DOCUMENT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 11.J.3. UTILITY RELOCATIONS TO AVOID CONFLICTS WITH MISCELLANEOUS PROPOSED PUBLIC WORKS DRAINAGE IMPROVEMENT PROJECTS #0365, #0367, #0368, #0369, #0395, AND #9922 – GEORGE E. FRENCH - WORK AUTHORIZATION DIRECTIVE NO. 2001-085 ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Adams, the Board unanimously approved the utilities relocation project at a total cost of $129,551.14 and authorized the Chairman to execute Work Authorization Directive No. 2001-85 to George E. French, Labor Contractor, and authorized payment to him of up to $100,366.04, as recommended in the memorandum dated April 26, 2004. WORK AUTHORIZATION DIRECTIVE NO. 2001-85 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13.A CHAIRMAN CAROLINE D. GINN None. 13.B. VICE CHAIRMAN ARTHUR R. NEUBERGER None. May 11, 2004 20 13.C. COMMISSIONER FRAN B. ADAMS None. 13.D. COMMISSIONER THOMAS S. LOWTHER None. 13.E. COMMISSIONER KENNETH R. MACHT None. 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 May 11, 2004 21 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 12:28 p.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman Minutes Approved: _________________ BCC/PMR/MINUTES May 11, 2004 22