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INDEX TO MINUTES
REGULAR MEETING OF BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY
MAY 2, 2006
1.CALL TO ORDER............................................................................................ 1
2.INVOCATION ................................................................................................... 1
3.PLEDGE OF ALLEGIANCE.......................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS ................................................................................................................ 1
5.PROCLAMATIONS AND PRESENTATIONS ........................................... 2
5.A.PROCLAMATIONDESIGNATINGMAY6-12,2006,ASNATIONAL
NURSESWEEK ................................................................................................ 2
5.B.PROCLAMATIONDESIGNATINGMAY21-26,2006,ASNATIONAL
PUBLICWORKSWEEK .................................................................................. 2
6.APPROVAL OF MINUTES ............................................................................ 3
6.A.MARCH3,2006WORKSHOP–NEWTOWNPOLICIES ............................ 3
6.B.MARCH21,2006REGULARMEETING ....................................................... 3
6.C.MARCH22,2006WORKSHOP–PUBLICHEARINGONMORATORIUM3
7.CONSENT AGENDA ....................................................................................... 4
May 2, 2006
1
7.A.REPORTSPLACEDONFILEINTHEOFFICEOFCLERKTOTHE
BOARD .............................................................................................................. 4
1.REPORTOFCONVICTIONSMARCH2006 ........................................................... 4
2.INDIANRIVERFARMSWATERCONTROLDISTRICT–MINUTESOF
BOARDOFSUPERVISORSMEETINGSFOROCT.2004-SEPT.2005 .... 4
3.INDIANRIVERFARMSWATERCONTROLDISTRICT–ANNUALLOCAL
GOVERNMENTFINANCIALREPORTANDAUDITEDFINANCIAL
STATEMENTS–YEARENDEDSEPTEMBER2005 .................................. 4
7.B.APPROVALOFWARRANTS.......................................................................... 4
7.C.APPROVALOFWARRANTS.......................................................................... 4
7.D.RESIGNATIONFROMTHEAGRICULTUREADVISORYCOMMITTEE5
7.E.2006ELECTIONOFEMERGENCYSERVICESDISTRICTADVISORY
COMMITTEECHAIRMANANDVICECHAIRMAN.................................. 5
7.F.QUARTERLYINVESTMENTREPORT ........................................................ 5
7.G.DORISLOSBERGDRIVEREDUCTIONSAFETYACT,INDIANRIVER
COUNTYTRAFFICEDUCATIONPROGRAMTRUSTFUND.................. 5
7.H.PROPERTYACQUISITION–TAXROLLREMOVAL&TAX
CANCELLATION ............................................................................................. 6
7.I.PROCLAMATIONDESIGNATINGMAY14THROUGH20,2006AS
INDIANRIVERCOUNTYPEACEOFFICERS’MEMORIALWEEK ....... 7
7.J.INDIANRIVERCOUNTYBID#2006042GIFFORDPARKSECURITY
HOUSE–PUBLICWORKSDEPARTMENT ................................................ 7
7.K.ACCEPTANCEOFTWONEWCHANGEORDERSFORTHENEW
COUNTYADMINISTRATIONBUILDINGS ................................................ 8
TH
7.L.5PROGRESSREPORT–NEWCOUNTYADMINISTRATION
BUILDINGS ...................................................................................................... 8
7.M.IRCJAILHVACREPLACEMENTS–WAIVEROFBIDREQUIREMENT
............................................................................................................................. 9
7.N.INDIANRIVERCOUNTYBID#2006070GROUNDPENETRATING
RADARUTILITYLOCATOR–UTILITIES
DEPARMENT-WASTEWATERTREATMENTDIVISION ........................ 9
May 2, 2006
2
7.O.REQUESTFORFLOODPLAINCUTANDFILLBALANCEWAIVER
FORLOT15,BLOCK17,VEROLAKEESTATESUNIT3 ........................ 10
7.P.MISCELLANEOUSBUDGETAMENDMENT014 .................................... 10
7.Q.APPROVALOFBIDAWARDFORIRCBID#2006051–WEST
WABASSOWATERMAINEXTENSIONPROJECT(PHASEI) .............. 10
7.R.DECLAREEXCESSEQUIPMENTSURPLUSFORSALEORDISPOSAL11
7.S.BLOCKVILLASUBDIVISIONWATERASSESSMENTPROJECT,
APPROVALSOFCHANGEORDERNO.1,FINALPAYMENTTO
CONTRACTORANDRELEASEOFRETAINAGE .................................... 12
7.T.PROFESSIONALSERVICESAGREEMENT,MARLOWE&COMPANY,
SECTOR5BEACHRESTORATION ............................................................ 12
7.U.CONSIDERATIONOFEXECUTINGANINTERLOCALAGREEMENT
WITHST.LUCIECOUNTYANDMARTINCOUNTYTOFORMAHOME
PROGRAMCONSORTIUM .......................................................................... 13
7.V.CONSIDERATIONOFSTATEHOUSINGINITIATIVESPARTNERSHIP
(SHIP)ANDHURRICANEHOUSINGRECOVERY(HHR)FUNDS
SETASIDEFORHABITATFORHUMANITYCLIENTSFORFY
2006-2007 ......................................................................................................... 13
7.W.REQUESTTOENTERINTOAJOINTPARTICIPATIONAGREEMENT
WITHTHEFLORIDADEPARTMENTOFTRANSPORTATION(FDOT)
(FM#420529-1-D8-01;420527-1-E8-01)FORHURRICANEWILMA
DEBRISREMOVALANDSIGNREPAIRSANDRESOLUTION
AUTHORIZINGEXECUTIONOFTHEJOINTPARTICIPATION
AGREEMENT ................................................................................................. 14
7.X.AMENDMENT#1OFTHEFLORIDADEPARTMENTOF
AGRICULTUREANDCONSUMERSERVICES(FDACS)CONTRACT
#10527 .............................................................................................................. 15
7.Y.APPROVALOFRENEWALFORACLASS“E1”CERTIFICATEOF
PUBLICCONVENIENCEANDNECESSITYFORACTS,INDIANRIVER
ESTATES,TOPROVIDEWHEELCHAIRSERVICES–(UTILITIES
SERVICES) ..................................................................................................... 15
May 2, 2006
3
8.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE ....................................................................................... 16
9.PUBLIC ITEMS .............................................................................................. 16
9.A.PH ............................................................................................. 16
UBLIC EARINGS
9.A.1.CONSIDERATIONOFSTEVEHENDERSON’SREQUESTTOMODIFY
CERTAINSETBACKSFORTHEISLANDCLUBPD(PLANNED
DEVELOPMENT)(L) ................................................................. 16
EGISLATIVE
9.A.2.INDIANRIVEREXCHANGEPACKERSINC.’SREQUESTTOAMEND
THECOMPREHENSIVEPLANTOREALIGNTHEURBANSERVICE
AREABOUNDARYANDTOREDESIGNATE±18ACRESFROMAG-1
TOC/I,ANDTOREZONETHOSE±18ACRESFROMA-1TOIL
(L) .................................................................................................. 17
EGISLATIVE
9.A.3.COUNTYINITIATEDREQUESTTOAMENDTHETEXTOFTHE
CONSERVATIONELEMENT,THEPOTABLEWATERSUB-ELEMENT
ANDTHESANITARYSEWERSUB-ELEMENTOFTHE
COMPREHENSIVEPLAN(L) .................................................. 21
EGISLATIVE
9.A.4.COUNTYINITIATEDREQUESTTOAMENDTHECAPITAL
IMPROVEMENTSELEMENTOFTHECOMPREHENSIVEPLAN
(L) .................................................................................................. 23
EGISLATIVE
9.A.5.COUNTYINITIATEDREQUESTTOAMENDTHETRANSPORTION
ELEMENTOFTHECOMPREHENSIVEPLAN(L) .............. 25
EGISLATIVE
9.B.PUBLIC DISCUSSION ITEMS .................................................................... 32
9.B.1.REQUESTTOSPEAKFROMGLENNLEGWENREGARDING
SEVERALISSUESONEOFWHICHISSELECTIVECODE
ENFORCEMENT ........................................................................................... 32
9.B.2.REQUESTTOSPEAKFROMMICHAELO’HAIREREGARDING
CHANGESINTHELANDDEVELOPMENTREGULATIONS ............... 32
9.B.3.REQUESTTOSPEAKFROMTHEMARINERESOURCESCOUNCIL
REGARDINGUPDATINGRESOLUTIONOFSUPPORTFORST.
May 2, 2006
4
SEBASTIANGREENWAYFCT(FCT)
LORIDA OMMUNITIES RUST
APPLICATION ............................................................................................... 34
9.C.PUBLIC NOTICE ITEMS ............................................................................. 34
9.C.1.NOTICEOFSCHEDULEDPUBLICHEARINGSONMAY16,2006: ..... 34
9.C.1.A.CONSIDERATIONOFPROPOSEDAMENDMENTSTOTHE
MULTI-FAMILYZONINGDISTRICTREQUIREMENTSOFLDR
SECTION911.08(LEGISLATIVE) ............................................................... 35
9.C.1.B.CONSIDERATIONOFPROPOSEDAMENDMENTTOLDRSECTIONS
911.09(4)AND971-41(10)()(B):ALLOWINGSINGLE-FAMILY
B
DWELLINGSANDACCESSORYSINGLE-FAMILYDWELLINGSIN
THEMOBILEHOMEDISTRICTS(LEGISLATIVE) ................................ 35
9.C.2.NOTICEOFSCHEDULEDPUBLICWORKSHOPMAY24,2006: .......... 35
TH
9.C.2.A.66AVENUE(SR60TOCR510)WIDENINGIMPROVEMENTS
(ADMINISTRATIVE) ..................................................................................... 35
10.COUNTY ADMINISTRATOR’S MATTERS - NONE ............................. 35
11.DEPARTMENTAL MATTERS.................................................................... 35
11.A.COMMUNITYDEVELOPMENT–CONSIDERATIONOFINCENTIVE
(ENTERPRISE)AGREEMENTFORTHEINDIANRIVERPARKOF
COMMERCE ................................................................................................... 35
11.B.EMERGENCYSERVICES–NONE .............................................................. 37
11.C.1.GENERALSERVICES–OPERATIONALRESTRUCTURINGOF
HUMANSERVICESDEPARTMENT .......................................................... 38
11.C.2.GENERALSERVICES–NAMINGOFJOINT-USELIBRARY(INDIAN
RIVERCOMMUNITYCOLLEGEANDINDIANRIVERCOUNTY)
(MUELLERCAMPUS–VEROBEACH) ..................................................... 39
11.D.HUMANRESOURCES-NONE .................................................................... 41
11.E.HUMANSERVICES-NONE ......................................................................... 41
11.F.LEISURESERVICES-NONE ....................................................................... 41
May 2, 2006
5
11.G.OFFICEOFMANAGEMENTANDBUDGET-NONE ............................. 41
11.H.RECREATION-NONE .................................................................................. 41
11.I.PUBLICWORKS ............................................................................................ 41
11.I.1.TRAFFICIMPACT/ROADWAYCONCURRENCYCONSULTANT
REVIEW .......................................................................................................... 41
11.I.2.PUBLICWORKS–AMENDMENTNO.ONETOFDOTAGREEMENTS,
CONTRACTNOS.ANW-75(HURRICANEFRANCES)ANDANX-78
(HURRICANEJEANNE),TODECREASETHETOTALFHWA
REIMBURSEMENTAMOUNTTOINDIANRIVERCOUNTYFOR
DEBRISREMOVAL ....................................................................................... 43
RD
11.I.3.PUBLICWORKS–AMENDMENTNO.2.TO43AVENUEROADWAY
ANDDRAINAGEIMPROVEMENTSPROFESSIONALENGINEERING
SERVICESAGREEMENT ............................................................................ 43
11.J.1.UTILITIESSERVICES–NORTHCOUNTYREVERSEOSMOSIS
WATERTREATMENTPLANT,PROFESSIONALSERVICESBYCAMP
DRESSERMCKEE(CDM)FORTECHNICALASSISTANCEINWATER
SUPPLYPLANNINGPROJECTS–WORKORDERNO.5 ....................... 44
RD
11.J.2.UTILITIESSERVICES–AMENDMENTNO.2.TO43AVENUE
ROADWAYANDDRAINAGEIMPROVEMENTSPROFESSIONAL
ENGINEERINGSERVICESAGREEMENT ............................................... 45
11.J.3.UTILITIESSERVICES–APPROVALOFRENEWALFORACLASS“E1”
CERTIFICATEOFPUBLICCONVENIENCEANDNECESSITYFOR
ACTS,INDIANRIVERESTATES,TOPROVIDEWHEELCHAIR
SERVICES ....................................................................................................... 45
11.J.4.UTILITIESSERVICES–LAKEWOODVILLAGEMOBILEHOMEPARK45
11.J.5.UTILITIESSERVICES–AGREEMENTBETWEENIRCANDOLD
SAVANNAHPROPERTYOWNER’SASSOCIATION,INC. ..................... 47
12.COUNTY ATTORNEY - NONE .................................................................. 48
13.COMMISSIONER ITEMS ............................................................................ 48
May 2, 2006
6
13.A.COMMISSIONERARTHURR.NEUBERGER,CHAIRMAN-NONE .... 48
13.B.COMMISSIONERGARYC.WHEELER,VICECHAIRMAN-NONE .... 48
13.C.COMMISSIONERSANDRAL.BOWDEN-NONE .................................... 49
13.D.COMMISSIONERWESLEYS.DAVIS–DISCUSSIONOF
AFFORDABLEHOUSINGOPTIONSFORTREVISO,LLCPROJECT . 49
13.E.COMMISSIONERTHOMASS.LOWTHER-NONE.................................. 51
14.SPECIAL DISTRICTS AND BOARD ......................................................... 51
14.A.EMERGENCYSERVICESDISTRICT-NONE ........................................... 51
14.B.SOLIDWASTEDISPOSALDISTRICT ........................................................ 51
1.A.APPROVALOFMINUTES–REGULARMEETINGOFFEBRUARY21,
2006 .................................................................................................................. 51
1.B.APPROVALOVMINUTES–REGULARMEETINGOFMARCH7,200652
2.ENGINEERINGSERVICESFORCONSTRUCTIONOFAC&DLANDFILL
CELL ................................................................................................................ 52
14.C.ENVIRONMENTALCONTROLBOARD..................................................... 52
1.REPORTOFACTIVITIESDURINGFIRSTQUARTER(JANUARY-MARCH
2006) ................................................................................................................. 52
May 2, 2006
7
May 2, 2006
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
th
Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday,
May 2, 2006, at 9:00 a.m. Present were Chairman Arthur R. Neuberger, Vice Chairman Gary C.
Wheeler, and Commissioners Sandra L. Bowden, Wesley Davis and Thomas S. Lowther. Also
present were County Administrator Joseph Baird, County Attorney William G. Collins II,
Executive Aide to the Board Kimberly Massung, and Deputy Clerk Patricia M. Ridgely.
1. CALL TO ORDER
Chairman Neuberger called the meeting to order at 9:00 a.m..
2. INVOCATION
Planning Director Stan Boling delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Attorney Collins led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Neuberger announced the following requested changes to today’s Agenda:
Additional Backup – Item 7.K – Page 79.A;
May 2, 2006
1
Move Public Hearing 9.A.5 (Transportation Element) ahead of 9.A.4 (Capital
Improvement Element);
Additional Backup – Item 9.B.1;
Additional Backup – 11.C.2;
Move Item 11.J.2 (Utilities Services) to 11.I.3 (Public Works);
Move Item 11.J.3 (Emergency Services) to 7.Y (Consent Agenda); and
Additional Backup – Item 13.D.1;
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Bowden, the Board
unanimously made the above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PROCLAMATION DESIGNATING MAY 6-12, 2006, AS NATIONAL
NURSES WEEK
Commissioner Bowden read and presented the Proclamation to Dorothy Cole, Nurse
Practitioner, and Mary Lofstrom, RN, who accepted with thanks.
5.B. PROCLAMATION DESIGNATING MAY 21-26, 2006, AS
NATIONAL PUBLIC WORKS WEEK
The Chairman read and presented the Proclamation to Public Works Director Jim Davis
who accepted it with thanks on behalf of the 230+ employees of the Public Works Department.
May 2, 2006
2
6. APPROVAL OF MINUTES
6.A. MARCH 3, 2006 WORKSHOP – NEW TOWN POLICIES
The Chairman asked if there were any corrections or additions to the Minutes of the New
Town Policies Workshop on March 3, 2006. There were none.
ON MOTION by Commissioner Bowden,
SECONDED by Commissioner Davis, the Board
unanimously approved the Minutes of the New
Town Policies Workshop on March 3, 2006, as
written and distributed.
6.B. MARCH 21, 2006 REGULAR MEETING
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of March 21, 2006. There were none.
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Wheeler, the Board
unanimously approved the Minutes of the Regular
Meeting of March 21, 2006, as written and
distributed.
6.C. MARCH 22, 2006 WORKSHOP – PUBLIC HEARING ON
MORATORIUM
The Chairman asked if there were any corrections or additions to the Minutes of the
Public Hearing on Moratorium of March 22, 2006. There were none.
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
unanimously approved the Minutes of the Public
May 2, 2006
3
Hearing on Moratorium of March 22, 2006, as
written and distributed.
7. CONSENT AGENDA
7.A. REPORTS PLACED ON FILE IN THE OFFICE OF CLERK TO
THE BOARD
1.REPORT OF CONVICTIONS MARCH 2006
2.INDIAN RIVER FARMS WATER CONTROL DISTRICT –
MINUTES OF BOARD OF SUPERVISORS MEETINGS FOR OCT.
2004-SEPT. 2005
3.INDIAN RIVER FARMS WATER CONTROL DISTRICT – ANNUAL
LOCAL GOVERNMENT FINANCIAL REPORT AND AUDITED
FINANCIAL STATEMENTS – YEAR ENDED SEPTEMBER 2005
7.B. APPROVAL OF WARRANTS
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously approved the list of Warrants as issued
by the Clerk to the Board for the period April 7-13,
2006, as requested.
7.C. APPROVAL OF WARRANTS
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously approved the list of Warrants as issued
May 2, 2006
4
by the Clerk to the Board for the period April 14-20,
2006, as requested.
7.D. RESIGNATION FROM THE AGRICULTURE ADVISORY
COMMITTEE
The resignation of Mark Sanchez as Citrus Industry appointee to the AAC was noted for
the record.
7.E. 2006 ELECTION OF EMERGENCY SERVICES DISTRICT
ADVISORY COMMITTEE CHAIRMAN AND VICE
CHAIRMAN
The re-election of Craig Fletcher as Chairman and election of Bob Solari as Vice
Chairman of the ESDAC for the year 2006 was noted for the record.
7.F. QUARTERLY INVESTMENT REPORT
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously accepted the Investment Advisory
Committee’s Quarterly Report submitted by the
Clerk to the Board’s Finance Department, as
recommended in the memorandum of April 28,
2006.
7.G. DORI SLOSBERG DRIVER EDUCTION SAFETY ACT,
INDIAN RIVER COUNTY TRAFFIC EDUCATION PROGRAM
TRUST FUND
May 2, 2006
5
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously accepted the report as submitted by the
Clerk of Circuit Court‘s Finance Department, as
recommended in the memorandum of April 19,
2006.
7.H. PROPERTY ACQUISITION – TAX ROLL REMOVAL & TAX
CANCELLATION
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously adopted Resolution No. 2006-051
canceling taxes upon publicly owned lands, pursuant
th
to Section 196.28, Florida Statutes. (R/W 13 Street
SW, Wetherington)
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously adopted Resolution No. 2006-052
canceling taxes upon publicly owned lands, pursuant
th
to Section 196.28, Florida Statutes. (R/W – 13
Street SW – Dempsey)
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously adopted Resolution No. 2006-053
May 2, 2006
6
canceling taxes upon publicly owned lands, pursuant
th
to Section 196.28, Florida Statutes. (R/W – 13
Street SW – Halland)
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously adopted Resolution No. 2006-054
canceling taxes upon publicly owned lands, pursuant
rd
to Section 196.28, Florida Statutes. (R/W – 43
Avenue – SR 60 Project – Lazy J)
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously adopted Resolution No. 2006-055
canceling taxes upon publicly owned lands, pursuant
to Section 196.28, Florida Statutes. (R/W
Dedication – Echo Lakes – GMAC Model Home
Finance)
7.I. PROCLAMATION DESIGNATING MAY 14 THROUGH 20,
2006 AS INDIAN RIVER COUNTY PEACE OFFICERS’
MEMORIAL WEEK
The Proclamation was noted for the record.
7.J. INDIAN RIVER COUNTY BID # 2006042 GIFFORD PARK
SECURITY HOUSE – PUBLIC WORKS DEPARTMENT
May 2, 2006
7
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously rejected the sole bid as it exceeded the
budget; and, approved the recommendation for the
Public Works Department to provide more funding,
develop alternative structures, and re-bid the project
at a later date, as recommended in the memorandum
of April 11, 2006.
7.K. ACCEPTANCE OF TWO NEW CHANGE ORDERS FOR THE
NEW COUNTY ADMINISTRATION BUILDINGS
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously accepted the proposed expenses and
credits (as set forth in the memorandum) and
authorized the County Administrator to execute the
appropriate Change Orders (007 & 008) which will
then result in a reduction to the Owner’s
Contingency in the amount of $19,054, as
recommended in the memorandum of April 26,
2006.
CHANGE ORDERS 007 & 008 ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
TH
7.L. 5 PROGRESS REPORT – NEW COUNTY
ADMINISTRATION BUILDINGS
May 2, 2006
8
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
th
unanimously accepted the 5 progress report on the
two new County Administration Buildings and the
new Emergency Operations Center, as
recommended in the memorandum of April 26,
2006.
7.M. IRC JAIL HVAC REPLACEMENTS – WAIVER OF BID
REQUIREMENT
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously approved and authorized a Purchase
Order not-to-exceed $34,093 to Colkitt Sheet Metal
and Air Conditioning, Inc., waived the requirements
for formal bidding, and authorized the Budget
Director to make the necessary re-allocation of funds
within the Buildings and Grounds Division budget,
as recommended in the memorandum of April 24,
2006.
7.N. INDIAN RIVER COUNTY BID # 2006070 GROUND
PENETRATING RADAR UTILITY LOCATOR – UTILITIES
DEPARMENT-WASTEWATER TREATMENT DIVISION
May 2, 2006
9
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously rejected the sole bid which is twice the
amount budgeted for this equipment and directed the
Utilities Department to revise the specifications and
re-bid the item, as recommended in the
memorandum of April 24, 2006.
7.O. REQUEST FOR FLOODPLAIN CUT AND FILL BALANCE
WAIVER FOR LOT 15, BLOCK 17, VERO LAKE ESTATES
UNIT 3
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously approved Alternative No. 1 \[granted
the cut and fill balance waiver based on the criteria of
Section 930.07(2)(d)4\], as recommended in the
memorandum of April 20, 2006.
7.P. MISCELLANEOUS BUDGET AMENDMENT 014
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously adopted Resolution No. 2006-056
amending the fiscal year 2005-2006 budget.
7.Q. APPROVAL OF BID AWARD FOR IRC BID # 2006051 – WEST
WABASSO WATER MAIN EXTENSION PROJECT (PHASE I)
May 2, 2006
10
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously approved awarding the bid to Sheltra &
Son Construction Co., Inc., Indiantown, Florida, for
$575,000.00, as the lowest and most responsive and
responsible bidder meeting the specifications as set
forth in the Invitation to Bid; and authorized the
Chairman to sign the contract after receipt, review,
and approval of the insurance certificates and
payment and performance bonds, by the Risk
Manager and the County Attorney’s office,
respectively, all as recommended in the
memorandum of April 25, 2006.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.R. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR
DISPOSAL
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously declared the items on the Excess
Equipment List as surplus and authorized its sale
and/or proper disposal; granted the authority to have
the surplus equipment delivered to the Indian River
County Sheriff’s auction site where it will be sold at
public auction on May 13, 2006; and authorized the
transfer of ownership of Asset #3401 (1980 GMC
flatbed truck with crane) to the Indian River County
May 2, 2006
11
Mosquito Control District, as recommended in the
memorandum of April 26, 2006.
7.S. BLOCK VILLA SUBDIVISION WATER ASSESSMENT
PROJECT, APPROVALS OF CHANGE ORDER NO. 1, FINAL
PAYMENT TO CONTRACTOR AND RELEASE OF
RETAINAGE
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously approved the total project cost of
$27,000.00 and approved Application for Pay
Request No. 2 - Final as final payment to the
Contractor, Underground Utilities, Inc., in the
amount of $2,700.00, as presented and as
recommended in the memorandum of April 18,
2006.
7.T. PROFESSIONAL SERVICES AGREEMENT, MARLOWE &
COMPANY, SECTOR 5 BEACH RESTORATION
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously awarded a contract to Marlowe &
Company for lobbying and consulting services for
the period of May 2006 through September 2006, for
a monthly fee of $3500; approved the proposed
sample agreement; and authorized the Chairman to
execute the agreement on behalf of the County, as
May 2, 2006
12
recommended in the memorandum of April 24,
2006.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.U. CONSIDERATION OF EXECUTING AN INTERLOCAL
AGREEMENT WITH ST. LUCIE COUNTY AND MARTIN
COUNTY TO FORM A HOME PROGRAM CONSORTIUM
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously adopted Resolution No. 2006-057
authorizing execution of the Treasure Coast Home
Consortium Agreement.
PARTIALLY EXECUTED AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.V. CONSIDERATION OF STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) AND HURRICANE HOUSING
RECOVERY (HHR) FUNDS SETASIDE FOR HABITAT FOR
HUMANITY CLIENTS FOR FY 2006-2007
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously approved the set aside of $826,891 of
FY 2006/2007 SHIP funds and $1,181,319 of HHR
funds for Habitat for Humanity (HFH) to be used for
May 2, 2006
13
down payment/closing cost and impact fee loan
assistance for HFH clients, as recommended in the
memorandum of April 20, 2006.
7.W. REQUEST TO ENTER INTO A JOINT PARTICIPATION
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) (FM# 420529-1-D8-01;
420527-1-E8-01) FOR HURRICANE WILMA DEBRIS
REMOVAL AND SIGN REPAIRS AND RESOLUTION
AUTHORIZING EXECUTION OF THE JOINT
PARTICIPATION AGREEMENT
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously approved the Joint Participation
Agreement (JPA) and adopted Resolution No.
2006-058 approving a Florida Department of
Transportation Emergency Joint Participation
Agreement for funding of debris removal and sign
repairs along Federal Highway Administration
functionally classified County Roads in Indian River
County damaged by Hurricane Wilma.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
May 2, 2006
14
7.X. AMENDMENT #1 OF THE FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES (FDACS)
CONTRACT #10527
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously approved the grant contract
amendment extending the $75,000 FDACS grant
contract #10527 for citrus best management
practices installations in Indian River County to
December 31, 2006 and granted authority to the
Chairman to execute the contract amendment, as
recommended in the memorandum of April 24,
2006.
AMENDMENT #1 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.Y. APPROVAL OF RENEWAL FOR A CLASS “E1”
CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY FOR ACTS, INDIAN RIVER ESTATES, TO
PROVIDE WHEELCHAIR SERVICES – (UTILITIES
SERVICES)
(THIS ITEM WAS ORIGINALLY LISTED AS 11.J.3.)
May 2, 2006
15
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Lowther, the Board
unanimously approved renewal of the Class “E1”
Certificate of Public Convenience and Necessity for
ACTS, Indian River Estates, to be effective for a
period of two (2) years from May 7, 2006, to May 7,
2008, as recommended in the memorandum of April
19, 2006.
COPY OF CLASS “E1” CERTIFICATE
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
9. PUBLIC ITEMS
9.A. PUBLIC HEARINGS
9.A.1. CONSIDERATION OF STEVE HENDERSON’S REQUEST TO
MODIFY CERTAIN SETBACKS FOR THE ISLAND CLUB PD
(PLANNED DEVELOPMENT) (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
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Planning Director Stan Boling reviewed the April 26 memorandum using an aerial
photograph and other visual aids to present this request. He stated that the applicant, Attorney
May 2, 2006
16
Steve Henderson, was acting on behalf of seven homeowners who had asked for a waiver of
required setbacks in order to build pool enclosures. This request is very similar to a request at The
Seasons approved in the past. He explained these are courtyard homes. Staff has no objections to
the request; analysis reveals no impact upon the neighbors; and it should not be apparent to
anyone. The Planning and Zoning Commission reviewed this and recommended (4-1) that the
Board approve the request. He thought the one dissenting vote was due to a general philosophical
vote against zero lot lines. Staff also recommended the change be made.
The Chairman opened the public hearing. There were no speakers and the Chairman
closed the public hearing.
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
unanimously approved reducing the side yard
setback for pool enclosures attached to courtyard
homes on Lots 3, 78, 85, 93, 100, 109, and 113 of the
Island Club PD, with all original conditions of the
PD approval to remain in effect, as recommended in
the memorandum of April 26, 2006.
9.A.2. INDIAN RIVER EXCHANGE PACKERS INC.’S REQUEST TO
AMEND THE COMPREHENSIVE PLAN TO REALIGN THE
URBAN SERVICE AREA BOUNDARY AND TO
REDESIGNATE ±18 ACRES FROM AG-1 TO C/I, AND TO
REZONE THOSE ±18 ACRES FROM A-1 TO IL
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
May 2, 2006
17
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating through a PowerPoint (copy on file in
the office of the Clerk to the Board) presentation explained the Comprehensive Plan amendment
process in detail. The purpose of this request was to realign the urban service area boundary
(USA) to include the subject property and to secure land use designation and zoning that is
appropriate for light industrial uses that are allowed in a C/I (commercial/industrial) node inside of
the USA. He said he Planning & Zoning Commission struggled with this one; their issue was not
if it should be done, but how. Although several motions were offered, the P & Z did not make a
specific recommendation to the Board. He described the location of the subject property and
current uses and existing adjacent land uses. It is appropriate to have packinghouses near the fruit
and it is also appropriate to have them in town. He advised that the existing packinghouse was
there when the Comp Plan was written. The owner of the property, at that time, did not want the
property inside the USA because he thought he might have to connect to County water. Due to
negative impacts on the citrus industry, the applicant is now looking at options for future uses.
Director Keating reviewed the Board’s options (see pages 246 and 247 of the backup) and
explained results of the alternatives. Staff determined it would be a challenge and less efficient to
do a text amendment, the third option. Staff believes the request is compatible with the
surrounding uses; it is consistent with the Comp Plan; it meets the concurrency test, and, there
would be no additional environmental impacts. Therefore, a change in land use and zoning is
appropriate and staff has recommended changing the land use map. Staff recommended approval
of the proposed amendment to realign the USA to include the subject property and change the land
use designation of the property from AG-1 to C/I and to rezone from A-1 to IL.
Vice Chairman Wheeler preferred that all packinghouses be treated the same; noted
several reasons for the citrus industry’s decrease; favored employment opportunities; and was
opposed to moving the USA boundary to include this property since that might lead to rezoning for
residential use.
May 2, 2006
18
The Chairman opened the public hearing.
Attorney Bruce Barkett,
representing the applicant, commented on the current political
stigma against moving the urban service line. He pointed out there would be no appreciable
difference in uses and trips and although there is a current stigma against moving the USA,
approval of the request would just fill in an enclave that was originally considered to be included in
the USA. He explained the Department of Community Affairs’ (DCA) position at the time. He
did not oppose Commissioner Wheeler’s proposal and stated that he actually presented a draft
LDR amendment when approaching staff initially, but thought the more logical way to do it would
be to move the USA. He presented a copy of his proposed change to the Board where he had
underlined a sentence on page 58 of the Future Lane Use Element. (copy on file in the office of the
Clerk to the Board.
George Hamner, Sr.,
650 Hwy A1A, retired Board Chairman of the Indian River
Exchange Packers company, stated that employees who have been with them many years are the
primary concern. He asked for the Board’s approval and expressed appreciation for anything they
could do to help.
Ital Veron
, 280 Peppertree Drive, on behalf of IRNA (Indian River Neighborhood
Association), understood the great need to maintain employment as well as to recognize that the
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industry is hurting and wanted to see them enabled to help both. He preferred the 3 alternative, to
change this Light Industrial land use designation by doing a LDR amendment.
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Dian S. George
, 1515 27 Avenue, was opposed to approval and called this “a test” and
warned that if the Board were to “give an inch, they’ll take a mile.”
County Attorney Collins thought the staff’s report and recommendation made sense.
The facility is suitable for either agricultural or industrial use and by following the
recommendation, the Board would just be drawing the USA line to encompass it. Taking the
approach of a LDR regulation or a text amendment to the Comp Plan, based on what Mr. Barkett
was saying, would mean introducing industrial uses into the rural areas with whatever support is
required of those industrial uses in the rural areas, and County Attorney Collins thought that would
May 2, 2006
19
be opening Pandora’s box, when it would be very simple to bring the existing facility into the
node. In response to Vice Chairman Wheeler’s inquiry, County Attorney Collins advised that was
a legal and a planning opinion.
There were no additional speakers and the Chairman closed the public hearing.
Commissioner Davis thought the Commission needed to be careful of creating enclaves
inside the USA and what the Legislature might require locally if an enclave is created. He believed
the Board needed to address this concern for all of the packinghouses and, more importantly, the
Board should not allow another packinghouse to move out west just to circumvent our USA or
zoning requirements.
Commissioner Bowden pointed out that this parcel is under discussion and felt that in
order to keep the revenue and jobs it would be simplest and best to move the USA.
Commissioner Lowther believed this request made common sense and agreed with
Commissioner Bowden. He thought with the prospect of Oslo Road having 5-lanes, an I-95
interchange at Oslo, and with the Landfill nearby the area was unlikely to be developed for
housing.
Chairman Neuberger agreed with staff’s recommendation and with Commissioner
Bowden. The other packinghouses may or may not become an issue he said. He understood this
one should have been inside the USA since the beginning.
Commissioner Lowther commented that he understood that the Legislature’s intent
regarding enclaves had to do with residential and not commercial.
MOTION WAS MADE by Commissioner Lowther,
SECONDED by Chairman Neuberger for further
discussion, to approve staff’s recommendation as
submitted.
May 2, 2006
20
Under discussion, Commissioner Wheeler believed the enclave bill issue was on the way
to being corrected. He thought all the concerns we have with protecting industrial use property
could be addressed through a LDR amendment just as well as by expanding the USA. He thought
this would be setting a precedent; he preferred to see the whole situation addressed rather than just
one location. He would not support the motion and preferred the #3 alternative. He did agree with
protecting the property for industrial use.
Chairman Neuberger envisioned a mini-city around the interchange and that the node
could be expanded.
Commissioner Bowden gave a lot of credibility to County Attorney Collins’ point and
factored that into her decision. She preferred to see each packinghouse considered separately.
The CHAIRMAN CALLED THE QUESTION and
the motion carried (3-2, Commissioners Davis and
Wheeler opposed.). The Board adopted Resolution
No. 2006-059 approving the transmittal of a
proposed future Land Use Map amendment to the
Indian River County Comprehensive Plan to the
State of Florida Department of Community Affairs.
9.A.3. COUNTY INITIATED REQUEST TO AMEND THE TEXT OF
THE CONSERVATION ELEMENT, THE POTABLE WATER
SUB-ELEMENT AND THE SANITARY SEWER
SUB-ELEMENT OF THE COMPREHENSIVE PLAN
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT
FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
May 2, 2006
21
Community Development Director Bob Keating reviewed the memorandum of May 2,
2006 using a PowerPoint outline (copy on file). He advised that the P & Z voted 5-0 to recommend
that the Board transmit these amendments to the Department of Community Affairs (DCA). He
explained the purpose of this request was to (1) add Policy 12.11 to the Conservation Element
recognizing the County’s efforts to coordinate with non-profit organizations when applying for
grants; (2) revise the Potable Water and Sanitary Sewer Sub-Elements to allow provision of these
services to future public schools that are adjacent to but outside of the urban service area (USA);
and (3) thoroughly revise all elements during the Evaluation and Appraisal Report (EAR)
2006-2008. He reviewed each of the changes in detail and explained the reasons for each
including the limitations. He noted the P&Z’s unanimous recommendation and that staff also
recommended approval.
Director Keating responded to Commissioners’ questions and clarified the addition of
“public facilities such as public schools” in both Policies 5.7 and 5.8 (page 282-283 of the backup).
It would include other public facilities.
The Chairman opened the public hearing.
Bob Johnson
, Coral Wind Subdivision, recommended that we list specific non-profits
and not leave it open-ended on the Conservation Element, Policy 12.11.
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Ruth Stanbridge
, 4835 66 Avenue, understood Commissioner Wheeler’s concern
about the potable water and wanted to know if this amendment would in any way allow the USA
boundary to be extended and wondered if would it be proper to put it in the 2030 plan.
Director Keating responded, this policy would in no way allow or justify the expansion
of the USA.
Nancy Offutt
, 686 Date Palm Road, realized this Conservation Element amendment was
a little different, but hoped that the County would not make a distinction between profit and
non-profit with regard to land use.
May 2, 2006
22
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner Davis,
SECONDED by Chairman Neuberger, the Board
unanimously adopted Resolution No. 2006-060
approving the transmittal of proposed amendments
to the text of the Conservation Element, the Potable
Water Sub-Element, and the Sanitary Sewer
Sub-Element of the Indian River County
Comprehensive Plan to the State of Florida
Department of Community Affairs.
Chairman Neuberger called a short recess at 10:32 a.m. and the meeting was reconvened
at 10:43 a.m., with all members present. Dr. Edwin Massey was in the audience and Chairman
Neuberger asked the Commissioners if any of them would mind hearing from Dr. Massey on Item
11.C.2. There were no objections. The Minutes for Item 11.C.2. are in agenda order.
Clerk’s Note: After hearing 11.C.2., the Board considered Item 9.A.5. before 9.A.4.
Minutes are written as per the Agenda order.
9.A.4. COUNTY INITIATED REQUEST TO AMEND THE CAPITAL
IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE
PLAN (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
May 2, 2006
23
Community Development Director Bob Keating explained the need to accept these
changes. He noted that we are required by State law to amend our Capital Improvements Element
each year. He advised that the State has asked Indian River County to be a “pilot community” for
the new Capital Improvement Elements required under Senate Bill 360. The P&Z, by a vote of
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5-0, recommended transmission of this proposal at its March 23 meeting. Using a PowerPoint
presentation (copy on file) he reviewed some of the new requirements under SB 360. He
highlighted the several changes and commented that his staff has worked closely with the Budget
and Public Works Departments on this amendment. One component we will have to add in the
future would be to adopt the relevant part of the School Board’s Capital Improvements Program,
he said. He pointed out that Policy 14.3 gives certain criteria as necessary to make a change. Our
change is made under the third one, that is, a substantial change in circumstances. The Planning
and Zoning Commission and staff recommended the approval of these proposed CIE amendments
for transmittal to the DCA for its review.
Commissioner Bowden asked if the transportation element is included, and Director
Keating explained that all of the improvements reflected in the Transportation Element are in the
CIE with all of the Transportation Improvements program for the first 5 years.
The Chairman opened the public hearing.
Bob Johnson
, Coral Wind Subdivision, asked that this pilot program under SB 360 be a
separate line item in the budget so that we can monitor the cost to the County.
Director Keating noted that the County was required to do this activity anyway but added
that the County received a grant for school concurrency and assistance from a consultant hired by
the State.
There were no additional speakers and the Chairman closed the public hearing.
May 2, 2006
24
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
unanimously adopted Resolution No. 2006-061
approving the transmittal of proposed amendments
to the text of the Conservation Element, the Potable
Water Sub-Element, and the Sanitary Sewer
Sub-Element of the Indian River County
Comprehensive Plan to the State of Florida
Department of Community Affairs.
Clerk’s Note: Item 9.A.5. was heard after 11.C.2. and before 9.A.4.
9.A.5. COUNTY INITIATED REQUEST TO AMEND THE
TRANSPORTION ELEMENT OF THE COMPREHENSIVE
PLAN (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT
FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
MPO Staff Director Phil Matson reviewed the proposed amendments using a PowerPoint
presentation (copy on file). Requirements for plan amendments are: (1) to update the Comp Plan
for consistency with the 2030 MPO Long Range Transportation Plan (LRTP) into the Comp Plan;
(2) to update the roadway improvement project listings; (3) to incorporate text changes, and (4) to
make revisions to maps, tables and figures. He specified that plan amendments can be made for
one of four reasons: mistake, oversight, substantial change in circumstances, or a land use
swap/reconfiguration. A substantial change in circumstances was the reasoning behind these
proposed amendments. He explained the requirement for updating the LRTP and explained the
process of the MPO’s adoption of the 2030 LRTP in December 2005. For the most part, the 2025
May 2, 2006
25
LRTP was retained with a few exceptions. There are also some additions including 6-laning US#1
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from 26 Street to CR-510; 4-laning 58 Avenue (from SR 60 to 53 Street); and an extension of
Laconia Street. There are also updates to bike paths and sidewalks. He gave highlights on the
Transit Development Plan (TDP) that included service to Fellsmere, possible service on SR 60 to
the CVS/Outlet Mall area, and a new regional route to the south for use by inter-county
commuters. He gave an overview of other changes and listed the assumptions used in the
projections. Text has been changed to support the table and map information. He also reviewed
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existing improvements, in particular, the widening of 27 and 43 Avenues. He recounted the
actions taken by the Board with regard to changing the levels of service (LOS) on those two roads.
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He explained the proposal is to 4-lane 27 Avenue from Oslo Road to SR-60 and 4-lane 43
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Avenue from Oslo Road to 16 Street. Staff believes these can be built in narrower typical
sections by using active drainage, reducing the right-of-way, burying underground power lines,
etcetera. This should enable us to not have to continually drop LOS, restore our LOS once this is
in the capital program, and not depend on St. Lucie County as they currently have other demands.
Capital Projects Manager Terry Rauth advised that Carter & Associates worked with
staff to come up with three typical sections for an 80’ constrained right-of-way. She displayed the
drawings, described the different options, and compared them to what the Board saw months ago.
The options showed different configurations for the median, bike spaces, sidewalks, and grass
areas. All options are showing a temporary 10’ construction easement in order to re-grade behind
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the sidewalk and transition to the residences and their driveways. In addition, 43 Avenue would
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be lowered to reduce the impact. Survey work and design has not been done for the 27 Avenue
project.
In response to Chairman Neuberger, Ms. Rauth advised that staff will have a workshop
with the residents regarding the turn lanes, impacts to their properties, and get input on their
preferred options. She continued that the County actually has enough right-of-way in some areas
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for right-turn lanes. There will be left turn lanes on 27 and 43 Avenues more buffers and turn
lanes. In some areas we already have enough right of way.
May 2, 2006
26
Discussion ensued and Ms. Rauth and Mr. Mora responded to questions of the
Commissioners.
The Chairman opened the public hearing.
rdrdth
Debra Segal
, 407 SW 43 Avenue, who travels 43 and 27 Avenues daily had a
problem with all three options.
Joseph Paladin
, 6450 Tropical Way, supported the design put forth and thought it was
important to keep it within the 80’ row. He understood the 10’ easement would be redone after
Mr. Paladin
construction is completed. also commented that he anticipated this new road would
have a boulevard effect with lowered speed limits and other aesthetic features and it would not
resemble a highway.
Landscaping was discussed and Ms. Rauth advised that would be part of the workshop to
see what the people want.
County Administrator Baird understood this amendment was being done for public
safety reasons and to meet our LOS.
In response to Commissioner Lowther, Director Keating confirmed that this 4-laning
was planned to change the road from 3 lanes from Oslo Road.
Commissioner Bowden expressed her concern about maintenance of the landscaping and
the need for personnel to keep it up. She cautioned against making the same mistakes as those by
DOT on SR 60. She understood this amendment is necessary for safety reasons but a lot of work
needs to be done in the planning.
County Administrator Baird stated that staff is working toward underground utilities and
maintenance concerns. He also understood the Commissioners’ desires and concerns.
Chairman Neuberger brought up the costly maintenance on the 2' grassy strip and was
advised that it was needed for mailboxes and signage.
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Mark Brackett,
1915 34 Avenue, commended the Commission and staff. He
cautioned that the Board needed to give a roadway not just to please the residents, but also a
May 2, 2006
27
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roadway to satisfy the needs of all the residents. He commented that the residents on 27 and 43
Avenues should have known years ago the roads would need to be widened.
Renee Renzi
, Waverly Place, commented that Indian River Boulevard, outside of city
limits, is straggly and needs to be maintained.
To that comment, Commissioner Davis added that CR 512 inside city limits of Sebastian
was similar to that.
County Administrator Baird reminded that landscaping would be an on-going expense to
maintain.
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George Sigler
, 155 31 Avenue SW, between 27 & 43 Avenues, applauded the
design. He preferred Option 2 and, regarding the landscaping, he suggested that we should find
Mr. Sigler
out what grows and requires the least maintenance. and Vice Chairman Wheeler
discussed opinions about odors from the Landfill and their prospects of development regarding the
possible interchange at Oslo Road and I-95.
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Ruth Stanbridge
, 4835 66 Avenue, predicted there would be flaws in the 2030 plan.
She commented that it seemed that all the concurrency was being placed on one “super highway
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called 66 Avenue”. She claimed the County would be wiping out homes, businesses, pastures,
etcetera of people who have lived there for many years, for future residents who may or may not
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come. On May 24 there will be a public workshop but the public would not be able to voice their
opinions and they should have that opportunity in a public hearing before all of the
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Commissioners. She asked if the real plan for the widening of 66 Avenue was to move the urban
service area boundary or to plan for new towns, then the people, taxpayers, and homeowners
should be told.
Vice Chairman Wheeler responded that there is no intent on his part to move the USA.
Commissioner Davis asked if there was any way of meeting concurrency without
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widening 66 Avenue.
Community Development Director Keating responded by pointing out that the roads
have been in the long range transportation plan for many years. He supported his staff for devising
the best set of possibilities to meet County needs in 2030.
May 2, 2006
28
County Administrator Baird understood that anytime roads need widening, property
owners will be affected, and it is an emotional issue. The Board has directed staff to get roads and
bridges built and to fast-track the work.
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Public Works Director Jim Davis commented that the 74 Avenue corridor is unique
because it is the boundary between IRFWCD and the Sebastian River Drainage District. The
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rights-of-way do not line up from the east side of 74 Avenue to the west side. It would be very
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difficult to get continuity on the east-west roads for the 74 Avenue corridor. Also, Range Line
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Canal on the east side of 74 Avenue is very large and that would necessitate bridges at every
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east-west location. The 26 Street bridge is the only bridge and it was just recently built. The
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per-bridge cost would be from $1.3 to $1.5 million. He believed 66 Avenue to be the only
economically viable corridor to provide additional north-south capacity that would give good
continuity to serve Sebastian to Oslo Road.
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Glenn Legwen
, 5900 5 Street SW, commented on the current high cost of gasoline and
of building roads and suggested the Board needed to look at economically increasing public
transportation and make it enjoyable with convenient routes at reduced rates.
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Dian S. George
, 27 Avenue, thought widening 66 Avenue has everything to do with
Mark Brackett’s Liberty Park project and that there were other alternatives.
There were no additional speakers and the Chairman closed the public hearing.
Commissioner Bowden voiced her opposition to 6-laning Indian River Boulevard. She
did not want “an I-95” road on Indian River Boulevard.
Chairman Neuberger asked for a motion; there was no response.
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Commissioner Davis asked again if there was any other way to meet concurrency on 66
Avenue.
May 2, 2006
29
Director Keating knew of no other alternative. When staff plugged in these
improvements, the forecasting models showed that the system would work and our LOS would be
met.
County Administrator Baird recalled our continual problems in meeting LOS. He
recommended moving ahead on this. He knew it was not easy to do but they needed to take the
long-term approach.
Vice Chairman Wheeler commented that the roads are needed because of our projected
growth and future density.
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Mr. Mora added that the segment of 66 Avenue between 26 and 41 Streets is running
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about 85% capacity and that will only get greater; the intersection at CR-510 and 66 Avenue
‘fails’ today.
Commissioner Davis inquired if it is possible for the County to buy all of an impacted
property if they were asked to do so..
County Administrator Baird commented that this is “the big picture” today; down the
road we can look at it.
Director Davis explained that we are not designing a 6-lane road at this time; we are
designing an arterial road with a median for landscaping and turning lanes. Of our north-south
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arterials, the longest are US#1, A-1-A, and 66 Avenue. 66 Avenue is the only one that connects
between the heart of Sebastian and Oslo Road. Should 6 lanes be needed in the future, there would
be room in the interior lane. He stated that 18 or so homes would be impacted over the 16 miles.
County Administrator Baird stated that the County has offered to move homes back on
their 5-acre tracts. We are having a workshop; flyers have been sent out and it has been in the
newspaper; people will be able to give input and their opinions. Staff has also talked to the
affected homeowners.
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Commissioner Lowther asked Ms. Stanbridge where 66 Avenue was when she was on
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the Commission, and she responded that 66 would be considered after 82, 74, and after the 3
east-west roads were completed.
May 2, 2006
30
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Director Keating advised that 74 Avenue has always been on the grid system. There has
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never been an improvement identified for 74 Avenue. 66 Avenue has been identified as a
needed improvement on our plan since at least 1995 where in the first MPO LRTP it said to add
two lanes to it.
Ms. Stanbridge
shared her recollections on the roads when she was a Commissioner.
She wanted to know why the surveyors are in their yards now.
Chairman Neuberger thought the first thing to be done on a proposed road is to survey it.
Discussion ensued during which Director Davis explained the MPO process and
emphasized that this project has had a lot of public scrutiny. If the Board wanted another forum in
the Chambers after the workshop, he said staff would be open for that.
Vice Chairman Wheeler pointed out that this was a long range plan and it has already
been voted on by those Commissioners who have served on the MPO.
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Lowther, the Board
by a vote of 4-1 (Commissioner Bowden opposed)
adopted Resolution No. 2006-062 approving the
transmittal of proposed amendment to the text of the
Transportation Element of the Indian River County
Comprehensive Plan to the State of Florida
Department of Community Affairs.
Vice Chairman Wheeler asked for clarification on why Commissioner Bowden was
opposed. She advised that she still had some questions about this plan and she was also opposed to
widening Indian River Boulevard.
The Chairman called a recess at 12:10 p.m. The meeting reconvened at 12: 20 p.m. with
all members present. The next item to be heard was 9.A.4.
May 2, 2006
31
9.B. PUBLIC DISCUSSION ITEMS
9.B.1. REQUEST TO SPEAK FROM GLENN LEGWEN REGARDING
SEVERAL ISSUES ONE OF WHICH IS SELECTIVE CODE
ENFORCEMENT
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Glenn Legwen, ,
5900 5 Street SW said he was seeking relief and to discuss what he
called “a bad policy” of “selective code enforcement”. He recounted citations for code
enforcement violations on his property as well as loss of his property due to the County’s
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acquisition of right-of-way for 58 Avenue. He claimed he no longer has enough property to
continue his landscaping business. He believed his property was no longer suited to agriculture
and wanted to be able to subdivide it. Staff had advised him that it could not be rezoned. He asked
the Board to realize his predicament that his in a transition area.
In response to Mr. Legwen’s code enforcement comments, Community Development
Director Bob Keating stated that staff does not do selective code enforcement. We do respond to
complaints as well as proactively look for violations.
With regard to rezoning, it was suggested that Mr. Legwen meet with staff.
9.B.2. REQUEST TO SPEAK FROM MICHAEL O’HAIRE
REGARDING CHANGES IN THE LAND DEVELOPMENT
REGULATIONS
Michael O’Haire
, Attorney, spoke on behalf of the Russell and Knight families who
own properties four blocks north of the hospital in the Indian River Boulevard corridor. He said
that the Hospital District’s Board had referred him to the BCC. His clients and the residents of
Buckinghammock are unhappy that the Indian River County Hospital District (IRCHD) is
May 2, 2006
32
planning to build a motel in the area.. His clients have a MED (medical district) overlay and now
find themselves in competition with the tax-supported Hospital District. He asked the Board to
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direct staff to begin the process of substituting the MED overlay along 44 Street and replacing it
with CG (general commercial) or CL (light commercial) so they are able to compete with the
IRCHD.
D. Victor Knight, Jr
., 3295 Ranch Road, used an aerial photograph of the subject area
to point out the Knight and Russell properties. He recently met with Community Development
Director Bob Keating and Planning Director Stan Boling to plan a future development who told
him it would have to be a PD. He understood, however, there was an arbitrary restriction that at
least 30% of the PD be designated “medical.” That would be especially difficult since the IRCHD
announced their planned use of their land south of the hospital. He had strong objections to a
change in the Comp Plan to change it to CI and it being included as “medical.” The IRCHD did
not want to discuss it and referred him to the County. He asked for a more liberal interpretation of
the LDRs as they pertain to PDs in that kind of zoning. He hoped the Board would impose upon
the hospital to use that land, purchased with our tax dollars, for an expanded campus. Second, he
asked the Board to look at PDs and not impose the 30% requirement. He recounted the current use
of the property and his need to continue justifying the agricultural tax exemption on this property
his family has owned for 85 years. He thanked the Board for their consideration.
Community Development Director Bob Keating related his meeting with Mr. Knight and
he thought they were proceeding toward a possibility for some bio-tech types of uses which would
be consistent with the medical node. The County does not have a strict 30% standard but are
generally looking for medically-related uses in there.
County Attorney Collins explained that the IRCHD is an independent taxing authority
that answers to the voters and not to this Commission. As property owners, they could do what
they wish as long as it is consistent with our zoning regulations. The Board has the authority to say
what types of uses can be used in each zoning district.
Discussion ensued.
It was suggested that Mr. Knight get with staff to work on it.
May 2, 2006
33
9.B.3. REQUEST TO SPEAK FROM THE MARINE RESOURCES
COUNCIL REGARDING UPDATING RESOLUTION OF
SUPPORT FOR ST. SEBASTIAN GREENWAY FCT
(FLORIDA COMMUNITIES TRUST) APPLICATION
Jim Egan
, Executive Director of the Marine Resources Council, advised that the MRC is
seeking to purchase additional properties along the St. Sebastian River and the Florida
Communities Trust application requires a resolution of support from the local government. He
advised that County funds would not be solicited for the project either for purchase or
maintenance. He displayed a map and advised of the ownership of other properties in the area. He
stated that grant funding has been found to support restoration of some of the properties including
those owned by the County.
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
unanimously approved and adopted Resolution No.
2006-063 in support of the Marine Resources
Council’s application for a grant to purchase
property along the St. Sebastian River.
9.C. PUBLIC NOTICE ITEMS
9.C.1. NOTICE OF SCHEDULED PUBLIC HEARINGS ON MAY 16 ,
2006:
May 2, 2006
34
9.C.1.A. CONSIDERATION OF PROPOSED AMENDMENTS TO THE
MULTI-FAMILY ZONING DISTRICT REQUIREMENTS OF
LDR SECTION 911.08 (LEGISLATIVE)
9.C.1.B. CONSIDERATION OF PROPOSED AMENDMENT TO LDR
SECTIONS 911.09(4) AND 971-41(10)(b) (B): ALLOWING
SINGLE-FAMILY DWELLINGS AND ACCESSORY
SINGLE-FAMILY DWELLINGS IN THE MOBILE HOME
DISTRICTS (LEGISLATIVE)
9.C.2. NOTICE OF SCHEDULED PUBLIC WORKSHOP MAY 24,
2006:
TH
9.C.2.A. 66 AVENUE (SR 60 TO CR 510) WIDENING
IMPROVEMENTS (ADMINISTRATIVE)
Chairman Neuberger read the above public notices into the record.
10. COUNTY ADMINISTRATOR’S MATTERS - NONE
11. DEPARTMENTAL MATTERS
11.A. COMMUNITY DEVELOPMENT – CONSIDERATION OF
INCENTIVE (ENTERPRISE) AGREEMENT FOR THE
INDIAN RIVER PARK OF COMMERCE
Planning Director Stan Boling reviewed the memorandum of April 25, 2006 and used
visual aids to enhance his presentation. He gave the history of this matter and explained that the
May 2, 2006
35
incentive loan of $1.5 million, secured by a mortgage, would not bear interest for a term of up to 10
years, with a portion of the loan to be paid back upon the sale at closing of each lot. The property
th
is located on the north side of SR 60 to the west of 98 Avenue and borders on CVS which is now
close to receiving its certificate of occupancy. He explained many of the terms of the contract
agreement and recommended its approval.
County Administrator Baird responded to questions regarding prior incentives of utilities
work and explained this step is being taken in order to stimulate interest in this industrial node and
to attract and create jobs in a clean industry that we hoped to attract.
There was a brief discussion about the utility work done on SR 60 in anticipation of this
Park of Commerce and that CVS would still have the ability to expand and use the 80-foot height
limit granted them previously. Also jobs accountability was explained by Director Boling.
MOTION WAS MADE by Vice Chairman Wheeler,
SECONDED by Commissioner Lowther, to approve
staff’s recommendation.
Assistant County Attorney William K. DeBraal advised of a couple of minor changes
regarding insurance. He explained the developer will be listed as an additional insured on any
subcontractors’ agreements, and also professional liability limits would be set for $1 million rather
than $3 million. This will be a subordinate mortgage; there is one existing loan on the property for
acquisition and development and another loan will be closed the end of this month. The County
rd
has agreed to take a 3 position in this situation. We have been assured that the property’s value
far exceeds the loans and the County’s loans would be paid out of the closing proceeds of each
sale. Also, the County would be repaid from the proceeds of the sale if the entire property is sold.
He felt comfortable in recommending this to the Board.
Brian May
, 4000 Ponce de Leon, Suite 770, Coral Gables, FL, representing the
Developer Adrian Real Estate Investments II, LLC, explained they have spent $4.4 million putting
roads into the Park in Phase I as well as water and sewer. A partial final plat is pending with the
May 2, 2006
36
County at this time. They are also proceeding with other development of the site. The total
development cost for Phases I and II is $5.6 million. He advised that Ocean Bank has the first
nd
position loan in the amount of $8 million loan for acquisition and development; the 2 position is
a line of credit of which about $3 million would be subordinated for this project; the total is about
$11.027 million. The property totals 95 acres or about 69.5 acres after the roads are subtracted.
Director Boling advised the per-square-foot-value is about $3.63.
th
Commissioner Davis wanted to see 26 Street, west from I-95, go across from the new
thth
98 Avenue to the old 98 Avenue.
Director Jim Davis explained how the County tried to get permits to pave and improve it,
but due to the wetland areas we have not been able to get DEP permits without extensive
thth
mitigation. There is a proposed culvert to interconnect the old 98 to the new 98 Avenue but it is
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south of 26 Street.
Mr. May
advised his client had no dispute with that.
Commissioner Bowden asked for clarification, and Assistant County Attorney DeBraal
explained how the payback of this loan was structured. There are no County grants involved in
this agreement.
The Chairman CALLED THE QUESTION and the
motion carried unanimously. The Board approved
the incentive agreement for the Indian River Park of
Commerce with language changes as advised by the
County Attorney’s office and authorized the
Chairman to execute all related documents, as
recommended in the memorandum of April 25,
2006.
11.B. EMERGENCY SERVICES – NONE
May 2, 2006
37
11.C.1. GENERAL SERVICES – OPERATIONAL RESTRUCTURING
OF HUMAN SERVICES DEPARTMENT
General Services Director Tom Frame explained the restructuring of the Human Services
Department in order to outsource it to the Health Department. It will mean a reduction of two (2)
of the positions, the Department’s Director and the Intake Worker. The remaining two positions
(Staff Assistant and Caseworker) will be hired to work under the Health Department and budgets
will be adjusted accordingly. This restructuring includes staff and support for Children’s Services
Advisory Committee. The Health Department has prepared a transitional plan. The Board was
asked to enter into a Memorandum of Understanding and it will be re-written by the County
Attorney’s office in form, not content, and requested that the County Administrator be granted
authority to sign the document.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Bowden, to approve
staff’s recommendation.
Under discussion, Commissioner Davis expressed his confidence in staff’s ability to
restructure this to save money and wanted the affected individual employees to be relocated to
other positions in the County.
Bob Johnson
, Coral Wind Subdivision, who serves on the Children’s Services Advisory
Committee, asked for this to be tabled and have it discussed by the Committee.
County Administrator Baird asked if the Commissioners wanted him to put all his
reorganization efforts on committee agendas. The Commissioners expressed their opinions that
this is a personnel matter and that advisory committees are to look at the subject matter and not
necessarily the organizational structure.
May 2, 2006
38
Mr. Johnson
commented that the Children’s Services millage rate was not addressed in
the agreement and thought it should be included.
The Chairman CALLED THE QUESTION and the
motion carried unanimously. The Board approved
the content within the Memorandum of Agreement
for Human Services Department Restructuring with
the Indian River County Health Department subject
to the County Attorney’s approval of the modified
format and language, and authorized the County
Administrator to execute the agreement on behalf of
the Board upon the final approval of the County
Attorney, as recommended in the memorandum of
April 25, 2006.
MEMORANDUM OF AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.C.2. GENERAL SERVICES – NAMING OF JOINT-USE LIBRARY
(INDIAN RIVER COMMUNITY COLLEGE AND INDIAN
RIVER COUNTY) (MUELLER CAMPUS – VERO BEACH)
Clerk’s Note: This matter was heard after the meeting reconvened at
10:43 a.m. so that Dr. Massey could appear before the Board at that time. There
was no objection by any of the Commissioners to Chairman Neuberger’s
suggestion to take it out of order.)
May 2, 2006
39
Dr. Edwin Massey,
President ofIndian River Community College, reported that the
plans for the new Library are moving forward and commended the Board for agreeing to leverage
tax dollars to build a facility to serve all ages in the community. He gave a detailed report on the
progress and financial particulars of the new Library project. He advised that private money is
always sought and revealed that Bob and Sandy Brackett have donated $½ million with $100,000
going to the building; and $400,000 for an endowment will be matched 2-3 to generate income of
about $34,000 per year. All of that income will be dedicated back to the committee to decide how
it will be used to support the Library in the future and takes the pressure off the College and the
County for future maintenance of the facility. He explained College’s naming criteria and stated
that the Board of Trustees had voted to name the Library “The Brackett Library”. He asked the
Board’s support and endorsement. He pointed out that money is only a part of the equation and the
Brackett family has done a lot for the community and has a reputation for outstanding character in
the community.
Chairman Neuberger had asked that this matter be brought to the Board because he
understood the County had a policy of not naming buildings, roads, bridges, etc. after individuals.
MOTION WAS MADE by Vice Chairman Wheeler,
SECONDED by Commissioner Davis, to approve
Dr. Massey’s request.
Dr. Massey
noted there would be opportunities for naming rooms within the library for
other donors.
Commissioner Bowden commented she was not aware of the College’s policy for
naming and had no objection.
Dr. Massey
advised that when speaking to prospective donors of large amounts, we
discuss what they would like in return and advise them that it would be appropriate to name the
building after them. There was no high pressure or anything of that nature. Heapologized for not
keeping the Board fully informed as this donation offer moved forward.
May 2, 2006
40
Vice Chairman Wheeler commented on the Bracketts’ generosity and their contributions
to the community. He noted he did not agree with previous Commissions that have not wanted to
name things in honor of others because he believed it helps mark the history of the community.
The Chairman CALLED THE QUESTION and the
motion carried unanimously. The Board approved
naming the new library at the Mueller Campus of
Indian River Community College the Brackett
Library.
11.D. HUMAN RESOURCES - NONE
11.E. HUMAN SERVICES - NONE
11.F. LEISURE SERVICES - NONE
11.G. OFFICE OF MANAGEMENT AND BUDGET - NONE
11.H. RECREATION - NONE
11.I. PUBLIC WORKS
11.I.1. TRAFFIC IMPACT/ROADWAY CONCURRENCY
CONSULTANT REVIEW
May 2, 2006
41
Traffic Engineer Chris Mora reviewed the memorandum. He asked that the Board
schedule a workshop with the Planning and Zoning Commission and suggested it be held May 23,
2006 from 2:00 p.m. to 5:00 p.m.
ON MOTION by Vice Chairman Wheeler,
SECONDED by Commissioner Davis, the Board
unanimously approved holding a joint workshop
with the County’s Planning and Zoning Commission
on Tuesday, May 23, 2006 from 2:00 p.m. to 5:00
p.m. to discuss the report and the findings contained
therein, as recommended in the memorandum of
April 25, 2006.
May 2, 2006
42
11.I.2. PUBLIC WORKS – AMENDMENT NO. ONE TO FDOT
AGREEMENTS, CONTRACT NOS. ANW-75 (HURRICANE
FRANCES) AND ANX-78 (HURRICANE JEANNE), TO
DECREASE THE TOTAL FHWA REIMBURSEMENT
AMOUNT TO INDIAN RIVER COUNTY FOR DEBRIS
REMOVAL
ON MOTION by Vice Chairman Wheeler,
SECONDED by Commissioner Davis, the Board
unanimously approved the proposed Amendment
One to FDOT Contract Nos. ANW-75 and ANX-78
for the Chairman’s signature, as recommended in the
memorandum of April 21, 2006.
COPIES OF PARTIALLY EXECUTED AGREEMENTS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
RD
11.I.3. PUBLIC WORKS – AMENDMENT NO. 2. TO 43 AVENUE
ROADWAY AND DRAINAGE IMPROVEMENTS
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
(ORIGINALLY LISTED AS 11.J.2.)
ON MOTION by Commissioner Davis,
SECONDED by Vice Chairman Wheeler, the Board
RD
unanimously approved Amendment No. 2 to 43
May 2, 2006
43
Avenue Roadway and Drainage Improvements
Professional Engineering Services Agreement for a
total of $9,597.75 and authorized the Chairman to
execute the Agreement as written, as recommended
in the memorandum of April 24, 2006.
AMENDMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.1. UTILITIES SERVICES – NORTH COUNTY REVERSE
OSMOSIS WATER TREATMENT PLANT, PROFESSIONAL
SERVICES BY CAMP DRESSER MCKEE (CDM) FOR
TECHNICAL ASSISTANCE IN WATER SUPPLY PLANNING
PROJECTS – WORK ORDER NO. 5
ON MOTION by Commissioner Davis,
SECONDED by Vice Chairman Wheeler, the Board
unanimously approved (a) Work Order No. 5 to
CDM, Inc., in the amount of $50,000, for
Professional Services related to technical assistance
with water supply projects and (b) authorized the
Chairman to execute Work Order No. 5, as
recommended in the memorandum of April 25,
2006.
WORK ORDER IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
May 2, 2006
44
RD
11.J.2. UTILITIES SERVICES – AMENDMENT NO. 2. TO 43
AVENUE ROADWAY AND DRAINAGE IMPROVEMENTS
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
This item is not a Utilities Services’ item and was moved to 11.I.3. Public Works.
11.J.3. UTILITIES SERVICES – APPROVAL OF RENEWAL FOR A
CLASS “E1” CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY FOR ACTS, INDIAN RIVER ESTATES, TO
PROVIDE WHEELCHAIR SERVICES
This item was moved to Item 7.Y. under the Consent Agenda.
11.J.4. UTILITIES SERVICES – LAKEWOOD VILLAGE MOBILE
HOME PARK
Utilities Director Erik Olson responded to Commissioner Wheeler’s question advising
that the capital is coming from Utilities.
MOTION WAS MADE by Vice Chairman Wheeler,
SECONDED by Commissioner Lowther, to approve
staff’s recommendation.
County Attorney Collins interjected that the Utilities Department was requesting a
one-time waiver of an ordinance and explained that the Commissioners could rescind or modify an
ordinance but could not waive an ordinance. The ordinance now allows up to 5 years to pay
May 2, 2006
45
capacity charges, and up to 10 years if the applicant can demonstrate that other funding sources
have been exhausted and we would place a lien on their assets to secure payment. He suggested
they could get a mortgage if the mobile home park has assets. He had suggested the Utilities
Department allow them the 5 years, and if the Board chooses to amend or modify the ordinance to
allow additional periods of time then the Board could develop some criteria for extending the
period of time.
Commissioner Davis stated that this is a health/safety issue and if they need 20 years, the
Board needs to do what can be done.
Director Olson stated they are in a bind at this time. They are under a financial hardship
and a time constraint. He advised he was willing to work with the County Attorney’s office to
modify the ordinance should that be necessary.
County Administrator Baird did not agree with Attorney Collins and read the ordinance
and gave his interpretation.
Discussion ensued during which it was stated that the Association owns the land; the
County could lien that asset; but County Attorney Collins pointed out that no title work had been
done on this property to determine whether the property was encumbered by any other liens.
Director Olson agreed the ordinance stated the County must be in a position to lien the
property.
County Administrator Baird noted this action is just in concept. They would probably
have the agreement, look at the title work, and come back. The problem exists today. They do
have a severe water problem out there and we are trying to facilitate them.
Vice Chairman Wheeler suggested that if this is “in concept”, the Board could approve it
and then staff could get together to work out all the particulars.
Commissioner Davis offered to “approve in concept to extend the 20-year opportunity
for lien.”
Director Olson asked that the Board let staff work out the details with the County
Attorney’s office.
May 2, 2006
46
County Attorney Collins opined that would certainly be better than a one-time ordinance
change.
Commissioner Davis restated his “motion” to direct staff to come back with a 20-year
plan for the utilities, but when Chairman Neuberger called for a second, Vice Chairman Wheeler
recalled that he had already made a motion and Commissioner Lowther agreed and thought he had
seconded the motion.
Vice Chairman Wheeler ADDED TO HIS
MOTION, SECONDED by Commissioner Lowther,
a direction for staff to get this worked out.
Chairman Neuberger CALLED THE QUESTION
and the motion was unanimously approved.
(Clerk’s Note: There was a clear understanding that the Board could not waive an
ordinance and wanted staff to work on this to facilitate getting potable water to this Lakeside
Mobile Home Park.)
11.J.5. UTILITIES SERVICES – AGREEMENT BETWEEN IRC AND
OLD SAVANNAH PROPERTY OWNER’S ASSOCIATION,
INC.
ON MOTION by Vice Chairman Wheeler,
SECONDED by Commissioner Lowther, the Board
unanimously approved (1) to allow the Utility
Department to establish a participation policy for
Homeowner’s Associations to enter into an
May 2, 2006
47
agreement with the County for a 75% funding
participation of an emergency generator for key,
County-owned lift stations within developments;
each individual agreement would be taken to the
Commission for individual consideration and
approval; (2) to allow for the expenditure of
available capital funds for the County portion of the
cost of the emergency generator and its installation;
and (3) the Cost Share Agreement with the Old
Savannah Property Owner’s Association, Inc. for the
installation of a 30 kW standby emergency
generator, as recommended in the memorandum of
April 24, 2006.
COST SHARE AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
12. COUNTY ATTORNEY - NONE
13. COMMISSIONER ITEMS
13.A. COMMISSIONER ARTHUR R. NEUBERGER, CHAIRMAN -
NONE
13.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN -
NONE
May 2, 2006
48
13.C. COMMISSIONER SANDRA L. BOWDEN - NONE
13.D. COMMISSIONER WESLEY S. DAVIS – DISCUSSION OF
AFFORDABLE HOUSING OPTIONS FOR TREVISO, LLC
PROJECT
Commissioner Davis recounted the rezoning on this project at their last meeting when the
Board approved RS-6. He wanted to update the Board on an opportunity the Board might have on
this. He stated he had denied their request for RM-8 because we have no multi-family buffering in
place at this time but we do have a public hearing on that coming up. Also, during the discussion at
that meeting, there was willingness on the part of the developer to provide some affordable
housing units and he thought if there was an opportunity for including affordable housing inside
the development, in $160,000 to $170,000 range, he thought it should be something the
Commission would be interested in knowing more about. He was working on this with Mr.
Paladin and stated this was just informational.
Commissioner Lowther noted that he and Chairman Neuberger had already favored that.
Joseph Paladin
advised that the developer has agreed to meet the Growth Awareness
Committee’s buffer requirements. He had set up meetings with the neighbors; had done research,
and believed their product would be quality and superior to any other products because of the
design they plan to use. He felt it was a big opportunity to go forward with workforce housing.
Mr. Paladin
forecasted the developer would give a deed restriction and we would be
guaranteed that this product would happen. He was working with the County Attorney’s Office
and the Chamber of Commerce and Andy Bowler (Habitat for Humanity). He felt allowing this
would show the County is really concerned about workforce housing and we are going to do
something about it. He asked for the Board’s support and guaranteed that he would be on top of it.
County Attorney Collins advised that they were talking about “contract zoning” which is
not legal in Florida and elaborated on this opinion. He advised the only way he could see this
May 2, 2006
49
happen would be that any enforceable deed restrictions limiting the property were made of record
before a rezoning came to the Board. He explained why he thought their objectives for this
property would probably have had more success if it were structured as a Planned Development
(PD). Case law allows the Board to reconsider their zoning action within a 30-day appeal period.
Chairman Neuberger thought they needed to see if there were three Commissioners on
the Board willing to reconsider this matter.
Charles Siemon,
Siemon and Larsen, Boca Raton, representing the Applicant, asked
them to reconsider this matter. He believed there is a legally enforceable means if a majority of the
Board wishes to reconsider this matter. It could be positioned/presented after public hearing and a
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defensible rezoning could be granted. He stated the appeal period would expire on the 11 of May.
There would be no jurisdiction for a year no matter what the merits are.
County Attorney Collins noted it would be a year from the time the application was filed,
not from the decision time.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Lowther, to
reconsider this matter.
Under discussion, Commissioner Bowden wanted it on record that she strongly objected
to this because again there is no backup.
Mr.
Vice Chairman Wheeler asked what has changed since the decision was made, and
Paladin
advised that the County would get the workforce housing and the developer was willing to
meet all the design criteria even though the criteria are not yet in effect and the neighbors would be
satisfied with the buffering.
Discussion ensued.
Vice Chairman Wheeler commented they would be setting a precedent of looking back
on something they have already turned down and that was happening too much.
May 2, 2006
50
Commissioner Davis countered that right now the small-lot subdivision ordinance was in
a moratorium and if he had somebody willing to help the workforce housing community, he was
willing to consider it.
Vice Chairman Wheeler recounted the many things the County is doing to facilitate
affordable housing.
The Chairman CALLED THE QUESTION and the
motion carried 3-2 (Commissioners Bowden and
Wheeler opposed). The Board approved to
reconsider the request submitted by Treviso to
rezone 19.5 acres from A-1 to RM-8.
(Clerk’s Note: Meeting was recessed at 2:17 p.m. Vice Chairman Wheeler was absent
when the Commissioners returned to the table and the meeting was reconvened at 2:23 p.m.)
13.E. COMMISSIONER THOMAS S. LOWTHER - NONE
14. SPECIAL DISTRICTS AND BOARD
14.A. EMERGENCY SERVICES DISTRICT - NONE
14.B. SOLID WASTE DISPOSAL DISTRICT
1.A. APPROVAL OF MINUTES – REGULAR MEETING OF FEBRUARY
21, 2006
May 2, 2006
51
1.B. APPROVAL OV MINUTES – REGULAR MEETING OF MARCH 7,
2006
2. ENGINEERING SERVICES FOR CONSTRUCTION OF A C & D
LANDFILL CELL
The Chairman announced that immediately upon adjournment of the Board of County
Commissioners 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
1. REPORT OF ACTIVITIES DURING FIRST QUARTER
(JANUARY-MARCH 2006)
The Chairman announced that immediately upon adjournment of the Solid Waste
Disposal District Meeting, the Board would reconvene as the Board of Commissioners of the
Environmental Control Board. Those Minutes are being prepared separately and are appended to
this document.
May 2, 2006
52
ALL BACKUP DOCUMENTATION IS 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 2:23 p.m.
ATTEST:
______________________________ _________________________________
Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman
Minutes Approved: _________________
BCC/PR/2006 Minutes
May 2, 2006
53