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INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MAY 18, 2004
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE...................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS ............................................................................................................ 2
5.PROCLAMATIONS AND PRESENTATIONS ....................................... 2
5.A.PHKE.H’R
ROCLAMATION ONORING ENNETH AMILTONS ETIREMENT FROM
CS’O ...............................................................................2
THE OUNTY HERIFFS FFICE
5.B.PDM17-21,2004NS
ROCLAMATION ESIGNATING AY AS ATIONAL MALL
BW..........................................................................................................3
USINESS EEK
5.C.PKFKAL
RESENTATION BY ASHI OUNDATION ON ASHI SSISTED IVING OF
S ..................................................................................................................3
EBASTIAN
5.D.PDMMND
ROCLAMATION ESIGNATING THE ONTH OF AY AS ATIONAL RUG
CM ...........................................................................................................3
OURT ONTH
6.APPROVAL OF MINUTES – REGULAR MEETING OF MARCH
8, 2004 ............................................................................................................. 4
May 18, 2004
1
7.CONSENT AGENDA ................................................................................... 4
7.A.AW–A30-M6,2004 ...................................................4
PROVAL OF ARRANTS PRIL AY
7.B.FRR-A#6S
INAL ELEASE OF ETAINAGE DDENDUM TO TORMWATER
MSDMBDCR512,I-95
ANAGEMENT YSTEM ESIGN ODIFICATION TO ASIN OF
RR-IRCPN.9611-M&M,I. .........5
TO OSELAND OAD ROJECT O ASTELLER OLER NC
7.C.ASMSC-FR
NNUAL URVEYING AND APPING ERVICES ONTRACT INAL ELEASE OF
R–WON.2A-–IRCPN.0138,
ETAINAGE ORK RDER O ROJECT O AND
PLSSGSP
ROFESSIONAL AND URVEY ERVICES FOR IFFORD TORMWATER ROJECT
-WON.2B-IRCPN.9219–L,N
ORK RDER O ROJECT O AWSON OBLE AND
W,I. ..................................................................................................................5
EBB NC
7.D.PINWRUR–IRC
ELICAN SLAND ATIONAL ILDLIFE EFUGE PLAND ESTORATION
PN.0386–RR–BSA,
ROJECT O ELEASE OF ETAINAGE RAD MITH SSOCIATES
I...............................................................................................................................6
NC
7.E.B#6034–GSBR-D–PD–
ID OLDEN ANDS OARDWALK EECKING ARKS IVISION
M’C&R,I. ..........................................................6
EHAFFEYS ONSTRUCTION EPAIR NC
7.F.B#6042–TMC–WRW
ID RUCK OUNTED RANE EST EGIONAL ASTEWATER
TF–JHEC.I.-U
REATMENT ACILITY IM ARDEE QUIPMENT O NC TILITIES
D ..............................................................................................................7
EPARTMENT
7.G.R2004-050–MBA011 ....................7
ESOLUTION ISCELLANEOUS UDGET MENDMENT
7.H.ECOQRD. .................8
NVIRONMENTAL ONTROL FFICE UARTERLY EPORT EFERRED
7.I.C-SFAPKH(PINWR)-
OSTHARE UNDING TO CQUIRE AUL ROEGEL OMESTEAD
AIGC–FCT(FCT) ..........8
DDENDUM TO RANT ONTRACT LORIDA OMMUNITIES RUST
7.J.R2004-051-SO’RPR
ESOLUTION COTT ETTINGS EQUEST FOR ARTIAL ELEASE
E,L22,B1,CCPU2(M
OF ASEMENT OT LOCK OUNTRY LUB OINTE NIT ICHAEL
SH-3043GVD) ..................................................8
AND HANNON AUSER OLF IEW RIVE
7.K.PLAB(PLAB)–AE
UBLIC IBRARY DVISORY OARD PPOINTMENT OF DDIE
HRKW ....................................................................9
UDSON EPLACING ATHRYN ILSON
7.L.PHTJ.CR
ROCLAMATION ONORING HERESA AVANAUGH ON HER ETIREMENT
M31,2004 ..............................................................................................................9
AY
May 18, 2004
2
9.A.1.PUBLIC HEARING - VERO CHRISTIAN CHURCH – SPECIAL
EXCEPTION USE AND MAJOR SITE PLAN APPROVAL FOR
A PLACE OF WORSHIP – SCHULKE, BITTLE, AND
STODDARD, LLC (QUASI-JUDICIAL) .................................................. 9
9.A.2.PUBLIC HEARING - ORDINANCE 2004-015 – AMENDING
LDRS CHAPTER 953, FAIR SHARE ROADWAY
IMPROVEMENTS – TRAFFIC IMPACT FEES –
(LEGISLATIVE) ......................................................................................... 12
9.A.3.PUBLIC HEARING – CONSIDER REVENUE DISTRIBUTION
FORMULA - 6¢ LOCAL OPTION GAS TAX ....................................... 17
9.B.1.PUBLIC DISCUSSION ITEM – JOHN T. WILLIAMS REQUEST
TO DISCUSS THE NEED FOR CHARTER GOVERNMENT ........... 18
9.B.2.PUBLIC DISCUSSION ITEM – FRANK ZORC TO DISCUSS
GROWTH DEVELOPMENT ISSUE ...................................................... 19
9.B.3.PUBLIC DISCUSSION ITEM – KAREN LETTS TO DISCUSS
REMOVAL OF THE DANGEROUS DOG LABEL IMPOSED ON
HER DOGS MAX AND HANNAH .......................................................... 19
11.I.1.LAND PURCHASE FOR BARBER STREET RIGHT-OF-WAY –
SEBASTIAN HIGHLANDS LOT – POO-SEN CHU AND
KUEI-YING CHU ....................................................................................... 19
11.I.2.ST. SEBASTIAN CATHOLIC CHURCH REQUEST TO ACCESS
TH
134 STREET ............................................................................................. 20
May 18, 2004
3
11.I.3.SELECTION COMMITTEES RANKING OF CIVIL
ENGINEERING AND LAND SURVEYING SERVICES –
INTERSECTION IMPROVEMENTS AT MULTIPLE (10)
LOCATIONS (RFQ 6059) (TRAFFIC IMPACT FEES) ....................... 22
RD
1.I.4.OSLO ROAD AND 43 AVENUE INTERSECTION
IMPROVEMENTS CHANGE ORDER NO. 1 – SHELTRA &
SONS CONSTRUCTION CO., INC. ........................................................ 23
11.I.5.EAST ROSELAND STORMWATER IMPROVEMENTS
PROJECT– PROPERTY PURCHASES FOR STORMWATER
RETENTION PONDS: 1) PURCHASE SOUTH LAKE FROM
HELEN HANSON PROPERTIES, INC.; 2) ACCEPT PROPERTY
DONATION FROM MARK SEVERIN HANSON AND
MAROLYN SHANNON HANSON; 3) REJECT
COUNTER-PROPOSAL FROM ROBERT DENTON AND
JEANETTE M. DENTON; 4) DELETE NORTH LAKE FROM
PROJECT AND BID THE PROJECT FOR CONSTRUCTION ........ 23
11.J.1.RESOLUTION 2004-052 – CERTIFYING “AS-BUILT” COSTS
FOR INSTALLATION OF WATER SERVICE (PROJECT NO.
TH
UCP-2256) – WILDWOOD SUBDIVISION – 25 STREET EAST
ND
OF 82 AVENUE – RESOLUTION IV - FINAL ASSESSMENT ...... 25
11.J.2RIVERWIND SUBDIVISION UTILITY DEVELOPER’S
AGREEMENT – FINAL PAY REQUEST – PROJECT NO.
CDS/CCS 2195 – JDC FLORIDA, INC. ................................................... 25
TH
12.A.COUNTY ATTORNEY – STATUS REPORT – 84 AVENUE
(DAVIS ROAD RIGHT-OF-WAY) SOUTH OF CR-510 (GRAVES
May 18, 2004
4
BROTHERS CORPORATION– INDIAN RIVER FRUIT
GROWERS) ................................................................................................. 26
14.A.EMERGENCY SERVICES DISTRICT .................................................. 27
14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 27
14.B.1.B#6074–PF(4)OTWFT
ID URCHASE OUR PEN OP ALKING LOOR RANSFER
T–ML–SM,I. .......................... 27
RAILERS AIN ANDFILL PECTOR ANUFACTURING NC
14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 27
May 18, 2004
5
May 18, 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 18, 2004, at 9:00 a.m. Present were Caroline D. Ginn, Chairman; Arthur R.
Neuberger, Vice Chairman; and Commissioners Thomas S. Lowther and Kenneth R. Macht,
Commissioner Fran Adams was absent. Also present were Joseph Baird, County Administrator;
William G. Collins II, County Attorney; and Maria I. Suesz, Deputy Clerk.
1. CALL TO ORDER
Chairman Ginn called the meeting to order.
2. INVOCATION
Chairman Ginn Pastor Kellie Tipton, Central Assembly delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Administrator Joseph A. Baird led the Pledge of Allegiance to the Flag.
May 18, 2004
1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Ginn requested the following changes to today’s Agenda:
1.Add Item 5.D., Proclamation Designating the month of May as National Drug
Court Month
2.Move Item 5.C. to follow Item 5.D.
3.Defer Item 7.H., Quarterly Report of the Environmental Control Office
4.Add backup to Item 9.A.2., Letter from Rawleigh L. Tremain, Jr. dated May 13,
2004, and replace page 92
5.Defer Item 9.B.2., Discussion by Frank Zorc regarding Referendum November
2004 on Growth Development Issue
6.Defer Item 9.B4.3., Discussion by Karen Letts regarding removal of the
Dangerous Dog label imposed on her dogs Max and Hannah
7.Add backup to Item 11.I.2., Letter from Jackie James dated May 15, 2004
ON MOTION by Commissioner Macht, SECONDED
by Commissioner Neuberger, by a 4-0 vote,
Commissioner Adams absent, the Board unanimously
made the above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PHKE.H’
ROCLAMATION ONORING ENNETH AMILTONS
RCS’O
ETIREMENT FROM THE OUNTY HERIFFS FFICE
May 18, 2004
2
Kenneth E.
Chairman Ginn read and presented the Proclamation to Lt.
Hamilton
who accepted it with gratitude.
5.B. PDM17-21,2004N
ROCLAMATION ESIGNATING AY AS ATIONAL
SBW
MALL USINESS EEK
Jay Hart
Commissioner Macht read and presented the Proclamation to Mr.,
President of the Indian River County Chamber of Commerce, who accepted it on
behalf of over 1,000 Chamber of Commerce small business members, who are the
backbone of our local economy, and he thanked the Commissioners for their support.
5.C. PKFKA
RESENTATION BY ASHI OUNDATION ON ASHI SSISTED
LS
IVING OF EBASTIAN
(LERKS NOTE: This item was heard following Item 5.D.)
Durgas Das Hunter
used a PowerPoint presentation (copy on file with the
backup) detailing their purpose and plans for the future. He said on February 3, 2003,
the Board approved the PD conceptual plan for their assisted living facility in
Sebastian. Now they are in the pre-development stage and are working on a timeline
that will cover the next three years. They have been working with the Department of
Elder Affairs who has given them national recognition, and they see the population of
Mr. Hunter
elders growing. said their plan to provide care to the elderly of low
income is both a community effort and a major necessity. They will make another
presentation to the Board within a year with a more detailed plan after they work with
staff.
5.D. PDMMN
ROCLAMATION ESIGNATING THE ONTH OF AY AS ATIONAL
DCM
RUG OURT ONTH
(CLERK’S NOTE: This item was heard following Item 5.B.)
May 18, 2004
3
Kathy
Commissioner Lowther read and presented the Proclamation to
Buzzoloni
who accepted the proclamation on behalf of Judge Cox and the whole
drug court team with gratitude. They now have adult and juvenile drug court up and
running and have seen eight juveniles graduate the program. Many adults have
graduated and another adult graduation is scheduled at 3:00 pm, Friday, May 21,
2004. She invited everyone to Judge Cox’s office to attend.
6. APPROVAL OF MINUTES – REGULAR MEETING OF
MARCH 8, 2004
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of March 8, 2004. There were none.
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Neuberger, by a 4-0
vote, Commissioner Adams absent, the Board
unanimously approved the Minutes of the Regular
Meeting of March 8, 2004, as written and distributed.
7. CONSENT AGENDA
7.A. AW–A30-M6,2004
PROVAL OF ARRANTS PRIL AY
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Neuberger, by a 4-0
vote, Commissioner Adams absent, the Board
unanimously approved the list of Warrants as issued
May 18, 2004
4
by the Clerk to the Board for April 30– May 6, 2004,
as requested.
7.B. FRR-A#6S
INAL ELEASE OF ETAINAGE DDENDUM TO TORMWATER
MSDMBDCR
ANAGEMENT YSTEM ESIGN ODIFICATION TO ASIN OF
512,I-95RR-IRCPN.9611-
TO OSELAND OAD ROJECT O
M&M,I.
ASTELLER OLER NC
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Neuberger, by a 4-0
vote, Commissioner Adams absent, the Board
unanimously approved releasing the retainage for
Addendum No. 6 in the amount of $1,081.50, as
recommended in the memorandum of May 6, 2004.
7.C. ASMSC-F
NNUAL URVEYING AND APPING ERVICES ONTRACT INAL
RR–WON.2A-–IRCP
ELEASE OF ETAINAGE ORK RDER O ROJECT
N.0138,PLSS
O AND ROFESSIONAL AND URVEY ERVICES FOR
GSP-WON.2B-IRC
IFFORD TORMWATER ROJECT ORK RDER O
PN.9219–L,NW,I.
ROJECT O AWSON OBLE AND EBB NC
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Neuberger, by a 4-0
vote, Commissioner Adams absent, the Board
unanimously approved releasing the retainage to
Lawson, Noble and Webb, Inc. in the amount of
May 18, 2004
5
$294.50, as recommended in the memorandum of May
6, 2004.
7.D. PINWRU
ELICAN SLAND ATIONAL ILDLIFE EFUGE PLAND
R–IRCPN.0386–R
ESTORATION ROJECT O ELEASE OF
R–BSA,I.
ETAINAGE RAD MITH SSOCIATES NC
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Neuberger, by a 4-0
vote, Commissioner Adams absent, the Board
unanimously approved releasing the retainage to Brad
Smith Associates, Inc. in the amount of $2,100.00, as
recommended in the memorandum of May 6, 2004.
7.E. B#6034–GSBR-D–P
ID OLDEN ANDS OARDWALK EECKING ARKS
D–M’C&R,I.
IVISION EHAFFEYS ONSTRUCTION EPAIR NC
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Neuberger, by a 4-0
vote, Commissioner Adams absent, the Board
unanimously awarded Bid #6034 to Mehaffey’s
Construction & Repair, Inc. in the amount of
$23,800.00, as the lowest most responsive and
responsible bidder meeting the specifications as set
forth in the Invitation to Bid. Vendor is duly licensed
to do work in Indian River County and also received
good comments when reference checks were
May 18, 2004
6
conducted, all as recommended in the memorandum of
May 10, 2004.
7.F. B#6042–TMC–WR
ID RUCK OUNTED RANE EST EGIONAL
WTF–JHE
ASTEWATER REATMENT ACILITY IM ARDEE QUIPMENT
C.I.-UD
O NC TILITIES EPARTMENT
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Neuberger, by a 4-0
vote, Commissioner Adams absent, the Board
unanimously awarded Bid #6042 to Jim Hardee
Equipment Co., Inc. in the amount of $7,918.00, as the
lowest most responsive and responsible bidder
meeting the specifications as set forth in the Invitation
to Bid, as recommended in the memorandum of May 3,
2004.
7.G. R2004-050–MBA
ESOLUTION ISCELLANEOUS UDGET MENDMENT
011
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Neuberger, by a 4-0
vote, Commissioner Adams absent, the Board
unanimously adopted Resolution 2004-050 amending
the Miscellaneous Budget for FY 2003/04.
May 18, 2004
7
7.H. ECOQR
NVIRONMENTAL ONTROL FFICE UARTERLY EPORT
Deferred.
7.I. C-SFAPKH
OSTHARE UNDING TO CQUIRE AUL ROEGEL OMESTEAD
-
(PINWR)AIGC–F
DDENDUM TO RANT ONTRACT LORIDA
CT(FCT)
OMMUNITIES RUST
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Neuberger, by a 4-0
vote, Commissioner Adams absent, the Board
unanimously approved Addendum I to Grant Contract
for the Kroegel Homestead project, and authorized the
Chairman to sign the document, as recommended in
the memorandum of May 11, 2004.
COPY OF ADDENDUM TO GRANT CONTRACT
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.J. R2004-051-SO’RP
ESOLUTION COTT ETTINGS EQUEST FOR ARTIAL
RE,L22,B1,CC
ELEASE OF ASEMENT OT LOCK OUNTRY LUB
PU2(MSH-3043G
OINTE NIT ICHAEL AND HANNON AUSER OLF
VD)
IEW RIVE
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Neuberger, by a 4-0
vote, Commissioner Adams absent, the Board
unanimously adopted Resolution 2004-051 releasing a
May 18, 2004
8
portion of an easement on Lot 22, Block 1, Country
Club Pointe Sub Division Unit 2.
7.K. PLAB(PLAB)–A
UBLIC IBRARY DVISORY OARD PPOINTMENT OF
EHRKW
DDIE UDSON EPLACING ATHRYN ILSON
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Neuberger, by a 4-0
vote, Commissioner Adams absent, the Board
unanimously approved the appointment of Eddie
Hudson to the Public Library Advisory Board
replacing Kathryn Wilson, as recommended in the
memorandum of May 11, 2004.
7.L. PHTJ.C
ROCLAMATION ONORING HERESA AVANAUGH ON HER
RM31,2004
ETIREMENT AY
The Proclamation was read and noted for the record.
9.A.1. PUBLIC HEARING - VERO CHRISTIAN CHURCH – SPECIAL
EXCEPTION USE AND MAJOR SITE PLAN APPROVAL FOR
A PLACE OF WORSHIP – SCHULKE, BITTLE, AND
STODDARD, LLC (Quasi-Judicial)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling used a PowerPoint presentation (copy on file with the
backup) to define the Special Exception Use request for Vero Christian Church. This request is to
May 18, 2004
9
thrd
construct a place of worship located on the north side of 9 Street SW (Oslo Road), east of 33
Court SW. He made two corrections to the backup: 1) page 76, paragraph 1, should read RS-3,
instead of RS-6, and 2) page 79, paragraph Item 14.b, Tree Protection: should read “12 trees that
are 20 inches or larger are being preserved”, instead of “Eleven of the preserved trees are at least
33 inches in diameter. There are no trees on the site 33 inches in diameter. He reviewed Phase I
and Phase II of the project displaying aerial views of the site. He said staff is recommending
approval and Planning and Zoning voted 6-0 for the Board to approve the special exception use
request.
In response to Commissioner Lowther’s concerns regarding traffic impact Director
Boling said it was not a requirement to have a deceleration lane. Director Davis explained they do
rd
have plans to extend the widening of Oslo Road west to 43 Avenue in a few years. It does not
include a separate turn lane beyond the 5 lanes. Usually church traffic is in the off peak hours and
unless they have a school, a right turn lane is not warranted for a church.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
nd
Mr. Fandrey
, 687 32 Court SW, did not object to the construction of the church,
but wanted to know how far back the building will be from the property line, because their
property borders the property of the church.
Director Stan Boling said the proposed pavilion is the northernmost proposed
building and it appears to be 200 feet from the north property line. The main facility is probably
500 feet or more from the property line.
The Chairman asked if anyone else wished to be heard with regard to this matter.
There being none, the Chairman closed the public hearing.
May 18, 2004
10
ON MOTION by Commissioner Macht, SECONDED
by Commissioner Neuberger, by a 4-0 vote,
Commissioner Adams absent, the Board unanimously
found that in conjunction with the recommended
conditions: 1) It is empowered under the provisions of
Chapter 971 to review the special exception use
applied for; 2) The granting of the special exception
use will not adversely affect the public interest; and 3)
The application satisfies the general and specific
criteria required for special exception approval.
Further, the Board granted the special exception and
major site plan approval for the proposed place of
worship with the following conditions: 1) Prior to site
plan release the applicant shall (a) dedicate, without
compensation, 10 feet of right-of-way along the site’s
th
entire 9 Street SW frontage; (b) submit funds to the
county for the construction of the required 8-foot wide
th
sidewalk along the site’s 9 Street SW frontage; and
(c) establish a conservation easement over the 0.554
acres of uplands being preserved on the site, as
depicted on the site plan, and 2) prior to issuance of a
certificate of occupancy for phase one, the applicant
will be required to install all perimeter landscape
buffers, all as recommended in the memorandum of
May 11, 2004.
May 18, 2004
11
9.A.2. PUBLIC HEARING - ORDINANCE 2004-015 – AMENDING
LDRS CHAPTER 953, FAIR SHARE ROADWAY
IMPROVEMENTS – TRAFFIC IMPACT FEES –
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating had given a detailed presentation
on May 11and was asked for additional information, which he provided at this meeting.
Requested May 11, 2004Recommended May 18, 2004
1. What would the impact fees be 1. He provided a table displaying different
under different alternatives of discount rates, going by five percentage point
discount rates? increments, up from 15% to 50%, and also up to
70%.
2. Divide single-family 2. Three Categories are single family homes up to
residential use into square 1499 sq. ft., from 1500 up to 2499 sq. ft., and over
footage. 2500 sq. ft. (Table included in backup)
3. Effective date should be after 3. Staff is recommending September 1, 2004.
June 1, 2004.
He responded to questions regarding the square footage formula for residential and
retail and gave an insight to different formulas used by other counties.
Attorney Will Collins stated the Board could amend the Ordinance to phase the
discount over a period of two or three years, such as 50% the first year, 40% the second, and step
down to 15% later.
Commissioner Neuberger felt this is what they should do.
County Administrator Joseph Baird emphasized that the study on traffic impact was
based on existing traffic and the user impact fee is based on capital needs. In applying a discount
the Board is analyzing what the full user cost is and passing on the difference to be obtained
May 18, 2004
12
through other means. He wanted to clarify that the impact fee determination is not an arbitrary
decision, as may have been implied by an article in the Press Journal on May 12.
Chairman Ginn was uncomfortable with using the square foot formula because it
meant anyone who adds onto their home would be subjected to paying impact fees. She
questioned how Collier County justified their fees when more square footage meant lower impact
fees for retail (copy of schedule is on file with the backup).
Director Keating said Collier County was considered an exception. He explained
that as the square footage of retail goes up, the trip generation rate goes down, with the larger size
retail causing a decreasing fee per 1,000 square feet.
Commissioner Ginn liked what Martin County did with a category of less than
10,000 square feet rather than starting at 50,000 square feet.
Discussion continued regarding larger business transactions versus small business
transactions per square foot, and Administrator Baird advised the Board to look at averages.
The Chairman opened the public hearing and asked if anyone wished to be heard
with regard to this matter.
Henry Muller
, 7255 35 Court, a local builder and developer, thought it would be
nice to do half of these improvements with a bond issue rather than buying more land.
Vern Toulson,
95 Cache Drive, asked the Board to consider the young families, the
blue-collar workers and small businesses. He was in favor of the September 1 effective date. He
rd
referenced the 43 Avenue issue and questioned how we can turn down capacity and at the same
time implement a road impact fee.
Chairman Ginn was hopeful that when they get cross streets paved drivers would
have more options.
Mr. Toulson
would like to see the Board proceed forward as quickly as possible if
they do impose impact fees.
May 18, 2004
13
th
Tim Zorc
, 4415 5 Place SW, continued the discussion on the results of the special
th rd
meeting held on Monday, May 17regarding the widening of 43 Avenue. He made some points
trying to distinguish between capacity improvement costs and soft costs. Staff felt they needed to
do more research on costs of that project to specifically answer his question. He asked that the
change in capacity be determined as quickly as possible with the consultant so the affected
property owners would know where they stand. He wanted to see those numbers plugged in within
30 days, because he felt people would be denied concurrency. Personally, he favored the
implementation date of October 1 for dealing with contracts in the pipeline. He liked the three size
categories of single family homes because he thought it was hard for the entry level, Habitat
programs and other smaller home providers who are trying to keep the size down because of costs.
Director Keating explained that they do concurrency tests at the time of building for
rd
single-family lots and every vacant lot on 43 Avenue would be subject to review.
Mr. Zorc
commented on the verbal outbreak from the audience during the special
meeting. He felt it was uncalled for and he would like to see the policy of having those people
removed from the meeting in the future.
Chairman Ginn told him they intend to maintain their grid and they will have other
rd
options for drivers to travel. The idea is not to have congestion on 43 Avenue. If we get our grid
paved it will move traffic safely. She specifically was referring to streets and mentioned a few
thth,th
such as 4, 8 and 13 SW. She agreed with Mr. Zorc regarding the disturbance from those in the
audience while someone is speaking and explained that he was leaving the meeting before she was
aware of the verbal outbreak, and apologized for the disruption. She asked him why he wanted an
,
implementation date of October 1 rather than September 1 and he replied that he was only thinking
of the fiscal year budget cycle. She said they would take that under consideration.
th
Allen Green
, 8030 98 Avenue, agreed that we need an increase in impact fees, and
he agreed with Mr. Neuberger not to make the fees automatic, and was in favor of the discount
rd
percentages. The 43 Avenue project is very costly, but he felt the figures needed to be
May 18, 2004
14
reevaluated and adjusted from what was originally proposed since they are not going to widen it to
five lanes. He told Chairman Ginn even though they have a difference of opinions she always runs
a fair meeting and he commended her for her efforts.
John Williams
, 1535 Smugglers Cove, urged the Board to go forward and if they
feel obliged to impose a lesser fee he asked them to make it moderate. He does not want his
property taxes to be affected by more growth. As he has stated before, it is an issue of fairness. He
asked the Board to go back and look at his argument regarding water and sewer connection fees.
Jeff Thompson,
2307 Seville Avenue, part owner of Vero Millwork, was concerned
he may have to lay off newly hired employees if the impact fees are raised. The impact fees greatly
impact what he would be able to afford to build, and he asked for the Board’s consideration.
May 18, 2004
15
Peter Robinson,
315 Greytwig Road, Chairman of the Professional Services
Advisory Committee (PSAC) said the Committee recommends the Board proceed with the
additional gas tax and reduce the impact fees by 50% now. He suggested a special category of
impact fees based on the house price, rather than square footage.
Administrator Baird pointed out that gas taxes are used as a credit to reduce the
impact fee amount.
Grant Withers,
67 Cache Drive, endorsed staff’s original recommendation to adopt
the 50% discount.
The Chairman asked if anyone else wished to be heard regarding this matter. There
being none, the Chairman closed the public hearing.
MOTION WAS MADE by Commissioner Neuberger,
SECONDED by Commissioner Macht, to approve
staff’s recommendation and to divide single family
homes into three size categories and four steps of
increases based on decreasing discounts: 50% in 2004,
40% in 2005, 30% in 2006, and 15% in 2007, to be
effective September 1, 2004. (This motion was
amended later in the meeting.)
Discussion continued.
Administrator Baird recommended a 30% discount rather than a 50% discount. The
Board will have to find other revenue sources.
Chairman Ginn said she would like to stay with 15%. She reminded everyone that
impact fees are to pay for growth so that those that live here now do not have their ad valorem taxes
raised or pay an additional gas tax.
May 18, 2004
16
Commissioner Macht argued that the current residents do have some obligation for
expansion and improvement of the network.
Commissioner Neuberger felt the consultant’s proposal was sound. He said we are
playing catch up and, if we had been doing it by 10% a year things would have been different.
Attorney Collins proposed new numbers of 30%, 25%, 20%, and 15%.
THE MOVER and the SECOND agreed, and the
motion was amended to begin the discount at 30% in
2004, 25% in 2005, 20% in 2006, and 15% in 2007.
The Chairman CALLED THE QUESTION and the
motion carried unanimously, by a 4-0 vote,
Commissioner Adams absent. (The Board adopted
Ordinance 2004-015 amending Land Development
Regulations (LDRS) Chapter 953, Fair Share
Roadway Improvements, effective September 1, 2004.
(CLERK’S NOTE: The Chairman called for a short break at 10:33 a.m. and
reconvened the meeting at 10:43 a.m. with the same members present.)
9.A.3. PUBLIC HEARING – CONSIDER REVENUE DISTRIBUTION
FORMULA - 6¢ LOCAL OPTION GAS TAX
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Public Works Director Jim Davis said bi-annually the Board is instructed by Code to
hold a public hearing to consider the distribution formula for the 6¢ local option gas tax. This tax
is shared with the five municipalities based on a formula which considers three parameters,
transportation expenditures that each entity incurred over the past five year period, population, and
May 18, 2004
17
lane miles of roads which includes equivalent lane miles of bridges. This formula has been used
for the past 17 years and staff recommends that we continue using it. If approved, they will send a
letter to the Department of State recommending that it be retained along with a list of the new
percentages (copy in the backup).
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 MOTIONby Commissioner Lowther,
SECONDED by Commissioner Neuberger, by a 4-0
vote, Commissioner Adams absent, the Board
unanimously approved retaining the existing formula,
as recommended in the memorandum of May 7, 2004.
9.B.1. PUBLIC DISCUSSION ITEM – JOHN T. WILLIAMS REQUEST
TO DISCUSS THE NEED FOR CHARTER GOVERNMENT
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John Williams
, 1535 Smugglers Cove, attended the Special Meeting on 43 Street
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widening held on May 17 and applauded the Commissioners for being true representatives of all
their constituents. He believes there is only one way to preserve that which we love about Indian
River County and that is to change from non-charter to charter government (booklet on file with
the backup). He spoke on the ability to maintain the urban service line. The only way that it might
not be moved is if the citizen takes the initiative that say it is a permanent line. Only a referendum
can change that and he felt that we can do this through voter rights under a charter government. He
asked that this issue be placed on the agenda at a future meeting. The only downside to being a
May 18, 2004
18
charter government that he could see is the limit on elected representatives two 4-year terms (8
years) and a 5% requirement for citizen initiatives.
NO ACTION REQUIRED OR TAKEN.
9.B.2. PUBLIC DISCUSSION ITEM – FRANK ZORC TO DISCUSS
GROWTH DEVELOPMENT ISSUE
Deferred.
9.B.3. PUBLIC DISCUSSION ITEM – KAREN LETTS TO DISCUSS
REMOVAL OF THE DANGEROUS DOG LABEL IMPOSED ON
HER DOGS MAX AND HANNAH
Deferred.
11.I.1. LAND PURCHASE FOR BARBER STREET RIGHT-OF-WAY –
SEBASTIAN HIGHLANDS LOT – POO-SEN CHU AND
KUEI-YING CHU
Commissioner Lowther questioned why the proposed purchase price of $32,060 was
more than the list price of $30,000.
Director Davis replied that the lot prices are escalating in value very rapidly and the
owners counteroffered at a higher sell price.
Commissioner Lowther opposed the increase.
Chairman Ginn felt that prices will only rise and if they wait they may end up paying
more for the property.
May 18, 2004
19
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Neuberger, by a 3-1
vote, Chairman Ginn opposed and Commissioner
Adams absent, the Board denied staff’s
recommendation and directed staff to go back and
offer $30,000.
11.I.2. ST. SEBASTIAN CATHOLIC CHURCH REQUEST TO ACCESS
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134 STREET
Public Works Director Jim Davis reviewed the existing agreement St. Sebastian
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Catholic Church has regarding the usage of access at 134 Street. He explained their reason for
requesting extended hours of opening the gate as detailed in the memorandum (copy on file). The
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residents on 134 Street are not in favor of the Board granting this request. They are witnesses to
the Church dishonoring the existing agreement by leaving the gate open at unauthorized times and
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allowing speeding on 134 Street. There are no sidewalks on 134 Street and Director Davis said
he does not have the $88,000 in the budget to put in sidewalks. He did not know if the Church
would pay some of the cost. Staff recommends polling the residents to negotiate an agreement that
would be mutually acceptable.
Chairman Ginn said it would be nice to come to an amicable agreement and she
asked those who requested to be heard to come forward.
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Joanne McGrath,
7945 134 Street, Roseland, read a letter giving an overview of
the residents’ point of view (not on file). She said the residents have signed a petition several times
asking for someone to look into this matter. The traffic on Sunday has created a danger for those
walking their dogs and for their children playing. She said that a sidewalk is not the answer. The
Sheriff has posted a speeding monitoring device, but residents feel that people ignore it. The
agreement made in 1990 needs to be revised. St. Sebastian Catholic Church is having an impact on
May 18, 2004
20
the residents, and they propose the Church, the TaskForce, and the County get together to come to
some agreement.
Chairman Ginn felt Ms. McGrath made a very good suggestion, and she would get
meet with staff.
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Jackie James,
12820 82 Court, Roseland, said it was obvious that the Church has
outgrown their capacity. She suggested that they redesign the concept to handle their own traffic
or look into a new location.
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Vernon Slavins,
7895 134 Street, appreciated his neighbors’ comments, but he
sees other issues. Somebody needs to do a study of this area. The US-1 corridor has been
redesigned and now, at taxpayers’ expense, they have police directing traffic. He felt the Church
needs to use the entrances that were originally designed for them. He proposed the gate be closed
permanently. If the gate is left open for the benefit of this Church he intends to sue the priest.
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Mrs. Patricia Whitford
, 7910 134 Street, agreed with Mr. Slavins that the gate
should be closed permanently. She hoped they could find some amicable agreement.
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Damien Gilliams
, a resident on 134 Street, said if they study the traffic on US 1
the gate would be closed. You cannot reward a Church for breaking its agreement.
Discussion continued and Commissioner Lowther commented on Attorney
Vitunac’s remarks from the minutes (copy on file) in 1990 where he said he did not think the
County can get involved in the opening and closing of the gate on holy days. That was too much
involvement in the private affairs of the Church. He felt the Board’s decision should be to open it
or close it except on the Church’s busy days and wanted to know if that was something instituted
into the agreement in 1990.
May 18, 2004
21
Attorney Collins had not seen the agreement but agreed with Attorney Vitunac’s
comments. He advised that the Board could close the gate through a public hearing process by
resolution, but there is the issue of the $15,000 which the Church paid in an assessment and they
may contend that they have the right to continued benefit.
CONSENSUS was that the Chairman and Public
Works Director Jim Davis will form a group to discuss
and reach an amicable agreement with the St.
Sebastian Catholic Church and the residents living on
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134 Street.
11.I.3. SELECTION COMMITTEES RANKING OF CIVIL
ENGINEERING AND LAND SURVEYING SERVICES –
INTERSECTION IMPROVEMENTS AT MULTIPLE (10)
LOCATIONS (RFQ 6059) (TRAFFIC IMPACT FEES)
ON MOTION by Commissioner Macht, SECONDED
by Commissioner Neuberger, by a 4-0 vote,
Commissioner Adams absent, the Board unanimously
approved the rank order and authorized contract
negotiations with the first (Kimley-Horn and
Associates), second (McMahon Associates), and third
(Arcadis) ranked firms, each to address several
intersections; authorized contract negotiations with the
fourth (Dyer Riddle Mills & Precourt), fifth
(WCG/Neel-Schaffer), and sixth (LBFH) ranked firms
if unsuccessful with the first, second, or third, or if
May 18, 2004
22
necessary to address additional intersection locations
throughout the year, all as recommended in the
memorandum of May 10, 2004.
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1.I.4. OSLO ROAD AND 43 AVENUE INTERSECTION
IMPROVEMENTS CHANGE ORDER NO. 1 – SHELTRA &
SONS CONSTRUCTION CO., INC.
ON MOTION by Commissioner Neuberger,
SECONDED by Chairman Ginn, by a 4-0 vote,
Commissioner Adams absent, the Board unanimously
approved Change Order No. 1 in the amount of
$154,911.65 for a revised contract amount of
$2,502,750.40.
CHANGE ORDER IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.I.5. EAST ROSELAND STORMWATER IMPROVEMENTS
PROJECT– PROPERTY PURCHASES FOR STORMWATER
RETENTION PONDS: 1) PURCHASE SOUTH LAKE FROM
HELEN HANSON PROPERTIES, INC.; 2) ACCEPT PROPERTY
DONATION FROM MARK SEVERIN HANSON AND
MAROLYN SHANNON HANSON; 3) REJECT
COUNTER-PROPOSAL FROM ROBERT DENTON AND
May 18, 2004
23
JEANETTE M. DENTON; 4) DELETE NORTH LAKE FROM
PROJECT AND BID THE PROJECT FOR CONSTRUCTION
Public Works Director Jim Davis has received a signed agreement from Mark
Hanson. The County has been negotiating for years and working on a design that would meet
environmental standards, and now they do have a permit to build the East Roseland Stormwater
project. In talking to the regulator agencies and the grantors (SJRWMD and FDEP) they feel the
pond on Mr. Hanson’s property will give the best benefit and water quality, and they do not feel the
Northern Pond (Mr. Denton’s property) will provide as much benefit. One of the Grants expires in
November and staff would like to proceed to purchase Mr. Hanson’s property.
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, by a 4-0
vote, Commissioner Adams absent, the Board
unanimously approved the contract to 1) purchase the
4.50 acre Helen Hanson Properties, Inc. parcel
(Exhibit “A”) for the south lake site, authorized the
Chairperson to sign the contract on behalf of the
County and agreed to purchase the parcel for
$135,000; 2) approved the contract donating the 0.26
acre lot from Mr. and Mrs. Hanson (Exhibit “B”),
authorized the Chairperson to sign the contract on
behalf of the County and agreed to place the property
into conservation in accordance with SJRWMD permit
requirements; 3) rejected the counter-offer sale price
of $250,400 submitted by Robert Denton and Jeanette
M. Denton, as Trustees of the Jeanette M. Denton
Revocable Trust, UTA, for the north pond property
May 18, 2004
24
and the associated wetland mitigation area property; 4)
authorized staff to delete the north lake from the
Project and bid the remainder of the Project for
construction.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.J.1. RESOLUTION 2004-052 – CERTIFYING “AS-BUILT” COSTS
FOR INSTALLATION OF WATER SERVICE (PROJECT NO.
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UCP-2256) – WILDWOOD SUBDIVISION – 25 STREET EAST
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OF 82 AVENUE – RESOLUTION IV - FINAL ASSESSMENT
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, by a 4-0
vote, Commissioner Adams absent, the Board
unanimously adopted Resolution 2004-052 certifying
“as-built” costs for installation of water service to
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Wildwood Subdivision (25 Street East of 82
Avenue) and such other construction necessitated by
such project; providing for formal completion date,
and date for payment without penalty and interest.
11.J.2 RIVERWIND SUBDIVISION UTILITY DEVELOPER’S
AGREEMENT – FINAL PAY REQUEST – PROJECT NO.
CDS/CCS 2195 – JDC FLORIDA, INC.
May 18, 2004
25
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Neuberger, by a 4-0
vote, the Board unanimously approved payment to
JDC FLORIDA, INC. in the amount of $108,596.24
and authorized reimbursement to JDC FLORIDA,
INC. in the amount of $15,975.55 for connection to the
non-master planned force main by others.
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12.A. COUNTY ATTORNEY – STATUS REPORT – 84 AVENUE
(DAVIS ROAD RIGHT-OF-WAY) SOUTH OF CR-510
(GRAVES BROTHERS CORPORATION– INDIAN RIVER
FRUIT GROWERS)
(CLERK’S NOTE: See minutes of 4-13-2004, Item 11.I.1.)
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Attorney Collins said it was discovered that 84 Avenue was owned by the County
by virtue of a 1930 purchase from the predecessor to the Graves Brothers Corporation. Graves
Brothers was asked to find a resolution of abandonment or anything that would divest the County
of the right of ownership, and he received a letter and phone call from their Attorney Alton
Lightsey (copy on file) stating that he thought the County deed is good, but Graves Brothers will
probably file a claim against the insurance company for the value of that road that they thought
they owned. Graves Brothers also is asserting that the road meanders out of the 50’ right-of-way
and onto the Davis property in some areas. Mr. Davis has staff and survey crews looking into this.
The other issue is the maintenance of the road and the issue of introducing traffic into the groves.
Attorney Collins believes Mr. Davis still prefers to deal with the maintenance issue as part of his
overall study of hundreds of miles of unpaved roads. Attorney Collins recommended taking no
action until the report is received.
May 18, 2004
26
NO ACTION TAKEN OR REQUIRED.
14.A. EMERGENCY SERVICES DISTRICT
None.
14.B. SOLID WASTE DISPOSAL DISTRICT
14.B.1.B#6074–PF(4)OTWF
ID URCHASE OUR PEN OP ALKING LOOR
TT–ML–S
RANSFER RAILERS AIN ANDFILL PECTOR
M,I.
ANUFACTURING NC
The Chairman announced that immediately upon adjournment of the Emergency
Services District Meeting, the Board would reconvene as the Board of Commissioners of the Solid
Waste Disposal District. Those Minutes are being prepared separately and are appended to this
document.
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 18, 2004
27
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 11.42 a.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman
Minutes Approved: _________________
BCC/MIS/2004Minutes
May 18, 2004
28