HomeMy WebLinkAbout5/20/2003INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MAY 20, 2003
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...............................................................3
5.A. PRESENTATION BY MARGUERITA ENGEL OF ST. JOHNS RIVER WATER MANAGEMENT
DISTRICT, 2003-04 ALTERNATIVE WATER SUPPLY CONSTRUCTION PROJECT "RO
CONCENTRATE REUSE"....................................................................................................3
5.B. PROCLAMATION HONORING JOSEPH JACKSON, GIFFORD HIGH SCHOOL BASEBALL
COACH................................................................................................3
6. APPROVAL OF MINUTES.............................................................................................4
7. CONSENT AGENDA........................................................................................................4
7.A. LIST OF WARRANTS......................................................................................................4
7.B. PARKS AND RECREATION COMMITTEE -ELECTION OF SUSAN WILSON AS CHAIRMAN AND
BILL WILSON, SR. AS VICE CHAIRMAN.............................................................................4
7.C. LAND ACQUISITION ADVISORY COMMITTEE -ELECTION OF DR. RICHARD BAKER AS
CHAIRMAN AND TALMADGE ROGERS AS VICE CHAIRMAN................................................4
MAY 20, 2003 1
7.D. BEACH RESTORATION- SECTORS 1 AND 2 ENVIRONMENTAL ASSESSMENT PREPARATION
- RELEASE OF RETAINAGE TO DIAL CORDY & ASSOCIATES, INC........................................4
7.E. RESOLUTION 2003-057 - JOINT RESOLUTION BY AND BETWEEN THE CITIES OF FORT
PIERCE, PORT ST. LUCIE, STUART, VERO BEACH, SEBASTIAN AND OKEECHOBEE; THE
TOWNS OF SEWALL'S POINT, INDIAN RIVER SHORES AND JUPITER ISLAND, FLORIDA
MUNICIPAL CORPORATIONS; AND THE COUNTIES OF INDIAN RIVER, MARTIN, OKEECHOBEE
AND ST. LUCIE, POLITICAL SUBDIVISIONS OF THE STATE OF FLORIDA, FOR THE CREATION OF
THE TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS, INC.; APPROVING THE
ADOPTION OF ARTICLES OF INCORPORATION; PROVIDING A PROVISION INCORPORATING
PREVIOUS RESOLUTIONS; PROVIDING FOR AMENDING THE ARTICLES OF INCORPORATION;
PROVIDING AN EFFECTIVE DATE..................................................................5
7.17. BID 45065 - EAST GIFFORD STORMWATER IMPROVEMENT - COLLECTION CONVEYANCE
AND DETENTION SYSTEM - DICKERSON FLORIDA, INC......................................................5
7.G. BID 45048 -TRAILER MOUNTED LOAD BANK SYSTEM -UTILITIES DEPARTMENT -
REJECT ALL BIDS AND REBID...........................................................................................6
7.H. STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) FUNDS -SET ASIDE FOR HABITAT FOR
HUMANITY CLIENTS FOR FY 2003-04...............................................................................6
7.I. GIFFORD FRONT PORCH COMMUNITY - HURRICANE LOSS MITIGATION PROGRAM
(HLMP) - MODIFICATION 41 OF RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM
(RCMP) GRANT CONTRACT TO EXTEND THE GRANT PERIOD FOR 3 MONTHS - FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS............................................................................6
7.J. MAIN STREET AT VERO BEACH, INC. - FINAL PLAT APPROVAL FOR REPLAT OF A PORTION
OF SABAL TRACE SUBDIVISION - PHASE I AND A PORTION OF TRACT 8, SECTION 5,
TOWNSHIP 33, RANGE 39 TO BE KNOWN AS REPLAT OF SABLE TRACE SUBDIVISION ..........7
MAY 20, 2003 2
7.K. RESOLUTION 2003-058 SUPPLEMENTING RESOLUTION NO. 1995-063; PROVIDING FOR
THE NEGOTIATED SALE OF NOT -TO -EXCEED $8,320,000 GENERAL OBLIGATION
REFUNDING BONDS OF INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING THE SALE THEREOF
TO WILLIAM R. HOUGH & CO., SUBJECT TO THE TERMS AND CONDITIONS OF THE BOND
PURCHASE AGREEMENT; FIXING REDEMPTION PROVISIONS AND SERIES DESIGNATION FOR
THE BONDS; AUTHORIZING THE NEGOTIATED SALE OF THE BONDS; PROVIDING THAT SUCH
BONDS SHALL BE ISSUED IN FULL BOOK ENTRY FORM; APPROVING THE FORM OF A
PRELIMINARY OFFICIAL STATEMENT; COVENANTING TO PROVIDE CONTINUING
DISCLOSURE; DESIGNATING A REGISTRAR AND PAYING AGENT; AUTHORIZING THE
PURCHASE OF MUNICIPAL BOND INSURANCE; DESIGNATING AMBAC ASSURANCE AS THE
MUNICIPAL BOND INSURER; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION
THEREWITH; AND PROVIDING AN EFFECTIVE DATE...........................................................7
7.L. THE C.O.R.E. PROGRAM, INC. (COMPREHENSIVE OFFENDER REHABILITATION &
EDUCATION) - CONTRACT FOR PROBATION SERVICES.......................................................8
7.M. UTILITY ADVISORY COMMITTEE (UAC) -APPOINTMENT OF MARK GROSSMAN AS THE
DISTRICT 1 REPRESENTATIVE, REPLACING FRANK OBERBECK...........................................9
7.N. MARINE RESOURCES COUNCIL (MRC) - REQUEST FOR RESOLUTION OF SUPPORT IN
MRC'S APPLICATION FOR A FLORIDA COMMUNITIES TRUST (FCT) FLORIDA FOREVER
PROGRAM GRANT......................................................................................9
9.A.1. PUBLIC HEARING - ORDINANCE 2003-018 AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM CG TO PD
FOR THE PROPERTY LOCATED ON THE SOUTH SIDE OF STATE ROAD 60,
WEST OF 82ND AVENUE (RANDLE PROPERTIES, INC. - APPROXIMATELY
3.11 ACRES - MODIFICATION OF ATTIC 60 CONCEPTUAL PD PLAN FOR
OUTDOOR VEHICLE STORAGE AND MINI -STORAGE FACILITIES
(LEGISLATIVE).........................................................................................................10
MAY 20, 2003 3
9.A.2. PUBLIC HEARING - ORDINANCE 2003-019 AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR 47.13 ACRES
LOCATED ON THE SOUTHEAST CORNER OF 9TH STREET SOUTHWEST AND
58TH AVENUE FROM A-1 TO RS -3 (SOUTHEAST INVESTMENTS OF PALM
BEACH) (QUASI-JUDICIAL)...................................................................................11
9.B.1. PUBLIC DISCUSSION ITEM - TOMMY MCDOUGALD - DISCUSSION OF
ALCOHOLISM AND DRUG ADDICTION..............................................................12
9.13.2. PUBLIC DISCUSSION ITEM - ROSELAND NEIGHBORHOOD PLAN AND
ROSELAND CORRIDOR PLAN - ROSELAND NEIGHBORHOOD PLAN TASK
FORCE...............................................................................................13
9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON JUNE 3,
2003...................................................................................................17
9.C.1. WILDWOOD SUBDIVISION PETITION WATER SERVICE RESOLUTION III (PROJECT UCP-
2256).............................................................................................................................17
9.C.2. ATLANTIC COAST CONSTRUCTION & DEVELOPMENT, INC. - REQUEST FOR PLANNED
DEVELOPMENT (PD) SPECIAL EXCEPTION USE APPROVAL FOR A PROJECT TO BE KNOWN AS
HIDDEN LAKE (LEGISLATIVE).........................................................................................17
11.G.1. THE LINKS AT POINTE WEST, LLC - PROJECT #9920 - MAINTENANCE
AGREEMENT, ROAD AND DRAINAGE IMPROVEMENTS FOR 16TH STREET
BETWEEN 74TH AVENUE AND 66TH AVENUE......................................................18
11.G.2. BARBER STREET RIGHT-OF-WAY - PURCHASE OF SEBASTIAN
HIGHLANDS LOT - OSLO TRADE CENTER, INC..............................................18
MAY 20, 2003 4
11.G.3. EAST INDIAN RIVER COUNTY STORMWATER MANAGEMENT PLAN -
NAMING THE SOUTHWEST INDUSTRIAL STORMWATER PARK "EGRET
MARSH REGIONAL STORMWATER PARK" - SOUTHEAST CORNER OF 4TH
STREET AND 74TH AVENUE....................................................................................19
12.A. COUNTY ATTORNEY - RESOLUTIONS CREATING COMMITTEES -
RESTRUCTURE STUDY AND PREPARE RESOLUTIONS..................................19
13.A.1. CHAIRMAN KENNETH R. MACHT - VIDEO CAMERA EQUIPMENT FOR
THE CHAMBERS AND CONFERENCE ROOM A ................................................19
13.A.2. CHAIRMAN KENNETH R. MACHT - COMMENTS REGARDING BEACH
RESTORATION..........................................................................................................20
13.A.3. CHAIRMAN KENNETH R. MACHT - RESCHEDULE BOARD MEETING OF
JUNE 17, 2003 TO JUNE 24, 2003.............................................................................20
DOCUMENTS TO BE ADDED TO THE RECORD - CITY OF SEBASTIAN
ORDINANCE 0-03-07 - PROVIDING FOR THE VOLUNTARY ANNEXATION OF 72.447
ACRES, MORE OR LESS, BEING A PART OF SECTION 23, TOWNSHIP 31 SOUTH,
RANGE 38 EAST LOCATED ALONG THE ST. SEBASTIAN RIVER NEAR THE
INTERSECTION OF CR 510 AND CR 512; PROVIDING FOR INTERIM LAND USE
AND ZONING CLASSIFICATION.......................................................................................20
14.A. EMERGENCY SERVICES DISTRICT.................................................................21
14.B. SOLID WASTE DISPOSAL DISTRICT................................................................21
14.C. ENVIRONMENTAL CONTROL BOARD............................................................21
MAY 20, 2003
May 20, 2003
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1840 251h Street, Vero Beach, Florida, on Tuesday,
May 20, 2003, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Caroline D. Ginn, Vice
Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Arthur R. Neuberger.
Also present were James E. Chandler, County Administrator; William G. Collins II, County
Attorney; and Patricia "PJ" Jones, Deputy Clerk.
1. CALL TO ORDER
Chairman Macht called the meeting to order.
2. INVOCATION
Planning Director Stan Boling delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Administrator Chandler led the Pledge of Allegiance to the Flag.
Chairman Macht introduced Charlie Moody, a Vero Beach High School teacher.
Charlie Moody stated that his American Government students are in the audience today to
see government in action.
Chairman Macht welcomed the students and stated that he would make some explanatory
comments for their benefit as the meeting progresses.
MAY 20, 2003 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Macht explained that changes are regularly made to the Agenda, with items being
added, deleted and/or revised, and requested the following changes to today's Agenda:
1. Add Item 5.B., Proclamation Honoring Joseph Jackson, Gifford High School
Baseball Coach.
2. Add Item 7.M., Utility Advisory Committee (UAC) — Appointment of Mark
Grossman as the District 1 Representative, Replacing Frank Oberbeck
3. Add Item 7.N., Marine Resources Council (MRC) — Request for Resolution in
Support of MRC's Application for a Florida Communities Trust (FCT) Florida
Forever Program Grant.
4. Add additional backup for Item 9.A.2., Southeast Investments of Palm Beach -
Request to Rezone Approximately 47.37 Acres from A-1 to RS -3 (Quasi -Judicial).
5. Add Item 13.A.1., Video Camera Equipment for the Chambers and for Conference
Room A.
6. Add Item 13.A.2., Comments Regarding Beach Restoration.
7. Add Item 13.A.3., Reschedule Board Meeting of June 17, 2003 to June 24, 2003.
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously made the above changes to the Agenda.
MAY 20, 2003 2
5. PROCLAMATIONS AND PRESENTATIONS
Chairman Macht explained that these items usually involve a presentation of some sort
involving an honorary title or some designation of a day, week or month dedicated to some
particular institution.
5.A. PRESENTATION BYMARGUERITA ENGEL OF ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT, 2003-04 ALTERNATIVE WATER SUPPLY
CONSTRUCTION PROJECT "RO CONCENTRATE REUSE"
Marguerita Engel, SJRWMD, stated that the County's program had been chosen as a
recipient, worthwhile program which will increase the available amount of reclaimed water and
provide uses for the rediluted concentrate instead of being released into the Lagoon. She presented
a check in the amount of $125,000 to the Board for this project and noted that since 1996 Indian
River County has received funds from SJRWMD which they have matched. She thanked the
County for its participation and proactive stance on water quality issues.
Utilities Director Erik Olson expressed his appreciation for the partnership with SJRWMD
and noted that the County could not complete these projects without their cooperation and support.
5.B. PROCLAMATIONHONORING JOSEPH JACKSON, GIFFORD HIGHSCHOOL
BASEBALL COACH
The Chairman presented the Proclamation to Mr. Jackson's daughter, Janet Jackson Miller.
Janet Jackson Miller stated that her father is at Indian River Memorial Hospital and could
not be here today. She did tell him that the Proclamation was being awarded today and his eyes lit
up. He expressed his regret that he could not be present but sent his thanks and love for Indian River
County. Her father taught at Gifford High School for 35 years and is a native Floridian. She stated
that her father is watching the meeting on television.
Commissioner Adams sent a hug and kiss to Mr. Jackson and noted that his spirit is still with
us.
MAY 20, 2003
6. APPROVAL OF MINUTES
None.
7. CONSENT AGENDA
Chairman Macht explained that the Consent Agenda is a list of items that are generally
approved "en masse", without further explanation other than the submitted backup documentation.
7.A. LIST OF WARRANTS
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously approved the list of Warrants as issued
by the Clerk to the Board for May 2-8, 2003, as recommended by staff.
7.B. PARKS AND RECREATION COMMITTEE —ELECTION OF SUSAN WILSON AS
CHAIRMAN AND BILL WILSON, SR. AS VICE CHAIRMAN
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously acknowledged the election of Susan
Wilson as Chairman and Bill Wilson, Sr. as Vice Chairman of the Parks and
Recreation Committee.
7C. LAND ACQUISITIONADVISOR Y COMMITTEE —ELECTION OF DR. RICHARD
BAKER AS CHAIRMAN AND TALMADGE ROGERS AS VICE CHAIRMAN
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously acknowledged the election of Dr.
Richard Baker as Chairman and Talmadge Rogers as Vice Chairman of the
Land Acquisition Advisory Committee.
7.D. BEA CHRESTORATION— SECTORS I AND 2 ENVIRONMENTAL ASSESSMENT
PREPARATION—RELEASE OFRETAINAGE TO DIAL CORDY& ASSOCIATES. INC
MAY 20, 2003 4
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously approved release of retainage in the
amount of $16,409.40, as recommended by staff.
7.E. RESOLUTION 2003-057 — JOINT RESOL UTION BYAND BETWEEN THE CITIES
OF FORT PIERCE. PORT ST. L UCIE. STUART. VERO BEACH, SEBASTIAN AND
OKEECHOBEE; THE TOWNS OF SE WALLS POINT, INDIAN RIVER SHORES AND
.JUPITER ISLAND. FLORIDA MUNICIPAL CORPORATIONS; AND THE COUNTIES
OF INDIAN RIVER, MARTIN, OKEECHOBEE AND ST. L UCIE, POLITICAL
SUBDIVISIONS OF THE STATE OF FLORIDA. FOR THE CREATION OF THE
TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS. INC.; APPROVING THE
ADOPTION OF ARTICLES OF INCORPORATION; PROVIDING A PROVISION
INCORPORATING PREVIOUS RESOL UTIONS; PROVIDING FOR AMENDING THE
ARTICLES OF INCORPORATION; PROVIDING AN EFFECTIVE DATE
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously adopted Resolution 2003-057, a Joint
Resolution by and between the cities of Fort Pierce, Port St. Lucie, Stuart,
Vero Beach, Sebastian and Okeechobee; the towns of Sewall's Point,
Indian River Shores and Jupiter Island, Florida Municipal Corporations;
and the counties of Indian River, Martin, Okeechobee and St. Lucie,
Political Subdivisions of the State of Florida; for the creation of the
Treasure Coast Council of Local Governments, Inc.; approving the
adoption of Articles of Incorporation; providing a provision incorporating
previous resolutions; providing for amending the Articles of Incorporation;
providing an effective date.
7.F. BID #5065 —EAST GIFFORD STORHWATER IMPROVEMENT —COLLECTION
CONVEYANCE AND DETENTION SYSTEM — DICKERSON FLORIDA. INC
MAY 20, 2003 5
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously awarded Bid 45065 to Dickerson
Florida, Inc. in the amount of $688,853.56, as recommended by staff.
BID DOCUMENTS WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
7.G. BID #5048 — TRAILER MOUNTED LOAD BANK SYSTEM — UTILITIES
DEPARTMENT — REJECT ALL BIDS AND REBID
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously rejected all bids and authorized staff to
revise the specifications and rebid the project, as recommended by staff.
BID DOCUMENTS WILL BE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
7.H. STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) FUNDS — SET ASIDE FOR
HABITAT FOR HUMANITY CLIENTS FOR FY2003-04
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously approved setting aside $438,380 of FY
2003/2004 SHIP funds for Habitat for Humanity, to be used for
downpayment/closing cost, land acquisition, and impact fee loan assistance
for HFH clients, as recommended by staff.
U. GIFFORD FRONT PORCH COMMUNITY— HURRICANE LOSS MITIGATION
PROGRAM (HLMP) — MODIFICATION #1 OF RESIDENTIAL CONSTRUCTION
MITIGATIONPROGRA H (RCMP) GRANT CONTRACT TO EXTEND THE GRANT
PERIOD FOR 3 MONTHS — FLORIDA DEPARTMENT OF COHHUNITYAFFAIRS
MAY 20, 2003 6
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously approved Modification 41 of the
RCMP grant contract and authorized the Chairman to sign the grant
contract extension, as recommended by staff.
MODIFICATION IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
7.J. MAINSTREETAT VERO BEACH. INC — FINAL PLATAPPROVAL FOR REPLAT OF
A PORTION OF SABAL TRACE SUBDIVISION — PHASE I AND A PORTION OF
TRACT 8. SECTION 5. TOWNSHIP 33. RANGE 39 TO BE KNOWN AS REPLAT OF
SABLE TRACE SUBDIVISION
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously granted final plat approval for Replat
of Sabal Trace Subdivision; authorized the Chairman to sign the modified
contract; and accepted the performance bond as security, as recommended
by staff.
COPY OF MODIFIED CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.K RESoL UTIoN 2003-058 SUPPLEMENTING RESoL UTIoN No. 1995-063:
PROVIDING FOR THE NEGOTIATED SALE OF NOT -TO -EXCEED $8.320.000
GENERAL OBLIGATION REFUNDING BONDS OF INDIAN RIVER COUNTY.
FLORIDA; AUTHORIZING THE SALE THEREOF TO WILLIAMR. HOUGH & CO..
SUBJECT TO THE TERMS AND CONDITIONS OF THE BOND PURCHASE
AGREEMENT; FIXING REDEMPTION PROVISIONS AND SERIES DESIGNATION
FOR THE BONDS; A UTHORIZING THE NEGOTIATED SALE OF THE BONDS;
PROVIDING THAT SUCH BONDS SHALL BE ISSUED IN FULL BOOK ENTRY
FORM; APPROVING THE FORM OF A PRELIMINARY OFFICIAL STATEMENT;
MAY 20, 2003 7
COVENANTING TO PROVIDE CONTINUING DISCLOSURE; DESIGNATING A
REGISTRAR AND PAYING AGENT, AUTHORIZING THE PURCHASE OF
MUNICIPAL BOND INSURANCE; DESIGNATINGAMBACASSURANCE AS THE
MUNICIPAL BOND INSURER; PROVIDING CERTAIN OTHER MATTERS IN
CONNECTION THEREWITH, AND PROVIDING AN EFFECTIVE DATE
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously adopted Resolution 2003-058
supplementing Resolution No. 1995-063; providing for the negotiated sale
of not to exceed $8,320,000 General Obligation Refunding Bonds of Indian
River County, Florida; authorizing the sale thereof to William R. Hough
& Co. subject to the terms and conditions of the Bond Purchase
Agreement; fixing redemption provisions and series designation for the
bonds; authorizing the negotiated sale of the bonds; providing that such
bonds shall be issued in full book entry form; approving the form of a
preliminary official statement; covenanting to provide continuing
disclosure; designating a registrar and paying agent; authorizing the
purchase of municipal bond insurance; designating Ambac Assurance as the
municipal bond insurer; providing certain other matters in connection
therewith; and providing an effective date.
RESOLUTION, EXHIBIT A - FORM OF BOND PURCHASE AGREEMENT,
EXHIBIT B - FORM OF PRELIMINARY OFFICIAL STATEMENT, EXHIBIT C -
FORM OF CONTINUING DISCLOSURE AGREEMENT, AND EXHIBIT D -
COMMITMENT OF AMBAC ASSURANCE CORPORATION ARE ALL ON
FILE IN THE OFFICE OF THE CLERK TO THE BOARD
U. THE C.O.R.E. PROGRAM. INC (COMPREHENSIVE OFFENDER
REHABILITATION & EDUCATION) — CONTRACT FOR PROBATION,SERVICES
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously approved the contract for probation
MAY 20, 2003 8
services with The C.O.R.E. Program, Inc. and authorized the Chairman to
execute same, as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
7.M. UTILITYADVISOR YCOMMITTEE (UAC) —APPOINTMENT OF MARK GROSSMAN
AS THE DISTRICT I REPRESENTATIVE. REPLACING FRANK OBERBECK
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously approved the appointment of Mark
Grossman as the District 1 appointment to the Utility Advisory Committee,
replacing Frank Oberbeck, as requested.
7.N. MARINE RESOURCES COUNCIL (MRC) — REQUEST FOR RESOL UTION OF
SUPPORT INMRCIs APPLICATION FOR A FLORIDA COMMUNITIES TRUST
(FCT) FLORIDA FOREVER PROGRAM GRANT
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously directed the County Attorney to
prepare a resolution of support and bring back to the Board at its June 3,
2003 meeting.
MAY 20, 2003 9
9.A.1. PUBLIC HEARING - ORDINANCE 2003-018 AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP
FROM CG TO PD FOR THE PROPERTY LOCATED ON THE
SOUTH SIDE OF STATE ROAD 60, WEST OF 82ND AVENUE
(RANDLE PROPERTIES, INC. - APPROXIMATELY 3.11 ACRES -
MODIFICATION OF ATTIC 60 CONCEPTUAL PD PLAN FOR
OUTDOOR VEHICLE STORAGE AND MINI -STORAGE
FACILITIES (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling reviewed the project with the aid of a PowerPoint
presentation (COPY ON FILE WITH THE BACKUP FOR TODAY'S MEETING).
Commissioner Neuberger questioned the stormwater retention area and the buffering on the
original project, and Director Boling explained that the stormwater retention area will be expanded
and agreed that the buffering on the original project is in very poor condition or missing entirely.
Commissioner Adams commented that if the buffer is not effective on the south of the
existing project, that would be a Code Enforcement action. She questioned the 125 -foot buffer on
the new project, and Director Boling stated that the site contains vegetation which will be
supplemented by the required new buffer.
Director Boling then stated that Code Enforcement could be directed to inspect the
buffering on the existing project.
Commissioner Macht noted that he had been unable to locate a tree survey for this project,
and Director Boling stated that environmental planning staff worked with the applicant on areas
which were to be preserved and noted that the site is thickly wooded.
Community Development Director Bob Keating added that pine trees are protected and
staff does require tree information but cannot "microlite" improvements.
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.
MAY 20, 2003 10
Commissioner Neuberger added a proviso to staff's recommendation that the applicant
plant or improve the buffer on the existing project.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously agreed to the rezoning
with the proviso that the applicant bring into compliance the landscaping
buffering on the existing project and adopted Ordinance 2003-018
amending the Zoning Ordinance and the accompanying Zoning Map from
CG to PD for the property located on the south side of State Road 60 west
of 82nd Avenue (Randle Properties, Inc. — Approximately 3.11 Acres —
Modifying the Attic 60 Conceptual PD Plan for Outdoor Vehicle Storage
and Mini -Storage Facilities).
9.A.2. PUBLIC HEARING - ORDINANCE 2003-019 AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP
FOR 47.13 ACRES LOCATED ON THE SOUTHEAST CORNER OF
9TH STREET SOUTHWEST AND 58TH AVENUE FROM A-1 TO RS -3
(SOUTHEAST INVESTMENTS OF PALM BEACH)
(OUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating reviewed the project for the Board using
a PowerPoint presentation (COPY ON FILE WITH THE BACKUP FOR TODAY'S MEETING).
The Chairman opened the public hearing and asked if anyone wished to be heard with regard
to this matter.
Brian Heady of Vero Beach stated that agriculture is the number 2 source of income in the
State of Florida and expressed his view that paving over agricultural sites is not a good idea. He felt
MAY 20, 2003 11
that an increase from 90 housing units to over 140 housing units was a significant change and
questioned the capability of the State's water supply to cover the increase in growth. He also
questioned the capacity of the school system to serve the additional families.
The Chairman asked if anyone else wished to be heard regarding this matter. There being
none, the Chairman closed the public hearing.
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Adams, the Board unanimously adopted Ordinance 2003-019 amending
the Zoning Ordinance and the accompany Zoning Map for 47.13 acres
located on the southeast corner of 91h Street Southwest and 581'' Avenue
from A-1 to RS -3 (Southeast Investments of Palm Beach).
9.B.1. PUBLIC DISCUSSION ITEM - TOMMY MCDOUGALD -
DISCUSSION OF ALCOHOLISM AND DRUG ADDICTION
Tommy McDougald of Vero Beach recounted his battle with drugs and alcohol and asked
the Board to support professional assistance for those persons still battling them. He credited Terry
Williams, a young woman who won a battle with drugs, who is now assisting others.
Chairman Macht commented that he had founded the Substance Abuse Council and has
been instrumental in the Children's Services Advisory Committee. Both of those agencies assist in
the fight against drug abuse. He also noted that Thursday, May 22, 2003 will be the second
anniversary of his youngest son's death from an overdose of drugs.
Commissioner Ginn stated that there are few counties who do as much as Indian River
County to provide hope to those trapped by alcohol and drug addiction.
NO ACTION REQUIRED OR TAKEN.
MAY 20, 2003 12
9.B.2. PUBLIC DISCUSSION ITEM - ROSELAND NEIGHBORHOOD
PLAN AND ROSELAND CORRIDOR PLAN - ROSELAND
NEIGHBORHOOD PLAN TASK FORCE
Community Development Director Bob Keating stated that staff has had 13 meetings with
the Task Force over the past 2 years and noted that the City of Sebastian also made a presentation
to the Task Force. He reviewed the Plans with the aid of a PowerPoint presentation (COPY ON
FILE WITH THE BACKUP FOR TODAY'S MEETING). In addition to asking the Board to
approve the Plans, there is also the matter of acquiring the Denton property relative to drainage
improvements in that area. Public Works Director Jim Davis is working with Mr. Denton relative
to this purchase. Staff would also support rezoning the balance of Mr. Denton's property to PRO.
There is a commercial/medical node adjacent to Mr. Denton's property.
Commissioner Ginn commented that she was opposed to the density which could be as high
as 6 units per acre.
Chairman Macht stated this is not a public hearing but anyone from the public may address
the subject.
Constance Spates, of Roseland and Fellsmere, objected to the members of the Task Force
reporting code violations and stated that the plan calls for portable trailer type signs to be prohibited
in spite of the fact that the Friends of Historic Roseland use such a sign for announcements of their
meetings. She was opposed to adoption of the Plans.
Bob Denton, 11245 Roseland Road, thanked the Task Force and County staff for putting
together such a good package. He felt that a cap in the north County medical and commercial node
was not a good idea. He believed that flexible plans and procedures are good for everyone but
especially for future generations. He questioned what would happen if other communities wanted
to establish the same boundaries as Roseland and felt it could result in a "big mess". He saw no need
for boundaries and felt each complaint should be looked at individually. He also expressed concern
about the City of Sebastian possibly annexing properties from Roseland which would mean
municipal as well as County taxes and could trigger private property rights issues. He asked the
Board to approve the Plans with the proviso that no caps be included.
MAY 20, 2003 13
Robert Kirrie, 12706 791h Avenue, was opposed to the adoption of the Plans. He believed
that at the February 251'' meeting, it was apparent that the majority of the people do not want these
changes. He felt that the Task Force members think they are code enforcement officers and believe
that they are representing the majority of the residents of Roseland, which is not true. He believed
the County is doing just fine "as is" and asked that the Plans be rejected.
Fred Mensing, 7580 1291h Street, Sebastian, felt the Plans should be shredded and believed
that the residential part of Roseland has been destroyed because of inaction on the part of the
County. Roseland is a place and state of mind and he did not want things changed from the way
they have been since he was a small child.
James Applegate, 14445 801h Avenue, felt the Plans do not address the most important
factors which include landscaping on existing commercial plots.
Director Keating stated that staff has no authority to ask the commercial properties to add
landscaping if they are already "grandfathered" in.
Rayburn Anderson, 12925 Old Dixie Highway, stated that he owns the bowling center and
does not want ill feelings with the residents in the area but the homes surrounding the bowling center
were built long after the center was already there.
Rich Stringer, City of Sebastian Attorney, expressed his frustrations that the City of
Sebastian was not included in the meetings dealing with these Plans. He noted that compatibility is
in the eye of the beholder and asked the Board for a presentation to the City Council before adopting
these Plans to allow for discussion.
Joe Barczyk, Sebastian City Councilman, felt there are some good points in the Plans but
also expressed his frustration over not being included in the discussions. The City of Sebastian has
no intention to annex Roseland but would appreciate being included in the decisions to be made.
MAY 20, 2003 14
Tom Spaulding, 7890 1291'' Place, commended the Task Force for their good intentions but
felt that the majority of Roseland residents do not want the Plans adopted for a number of reasons
and stated that most of the responses to staffs survey were negative.
Chairman Macht questioned the survey mentioned, and Director Keating gave a brief
explanation of the content of the survey and did not feel that a majority of the residents responded
negatively.
Long Range and Economic Planner Randy Deshazo stated that most of the responses to the
survey favored new regulations for new residential and commercial development but did not favor
paying for potable water, roads and sewer lines.
Robert Dillard, 7875 1301'' Street, felt the Plans would take more and more freedom away
from the residents and would result in gated communities with more and more regulations and fees
such as those now charged for use of the Sebastian Inlet park.
Chairman Macht referenced a document from the County deeding the Sebastian Inlet to the
State that said that no Indian River County resident would be charged a fee for use of the property
and asked County Attorney Will Collins if he recalled the document.
County Attorney Collins recalled that in the late 1980s the State said improvements needed
to be made and that restriction was lifted with the proviso that any fees received be used for the Inlet
Park. There are some benefits to residents of the County and the Inlet sends a report every year
regarding those funds.
Donald Morgan, 7850 1291'' Street, believed that staffs survey with residents' responses
should be presented to the Commissioners so they could see the negative responses. The residents
of Roseland do not want "big government"; they are an independent community and do not want
changes.
MAY 20, 2003 15
Jackie James of Roseland read a letter from Holly Dill, President of Friends of Historic
Roseland (COPY ON FILE WITH THE BACKUP FOR TODAY'S MEETING) and noted that the
Task Force had tried not to step on the rights of residents.
Barbara Banfield, 7405 1291'' Street, thanked Mr. Stringer and Mr. Barczyk for their
willingness to cooperate and felt it was a shame that it took this action to produce that cooperation.
She thanked the Board for the opportunity to serve on the Task Force and commended staff for
their excellent work and the many hours devoted to this project.
Robert Ryan, 7625 133rd Square, felt that every time the City of Sebastian annexes
property, the community of Roseland loses. He was not, however, in favor of the Plans and felt that
everyone on the river has requested a special variance and those should be stopped. He also
believed that many of the commercial developers do not maintain the landscaping they were
required to install. He asked the Board not to adopt the Plans and not to support any more
variances.
Irene Bush, 13370 Old Dixie Highway, cautioned the Board that if they do not watch the
developers closely the area will be as overdeveloped as South Florida and the quality of life in the
area would be lost.
C. N. Kirrie, 12855 791'' Avenue, believed that these Plans would add another restrictive
layer of government for which there is no need. He referenced the "firehouse" meeting several times
and noted that most of the people who were at that meeting are not here today because they are
working. He felt that most of the people who live in Roseland try to cooperate with their neighbors
and asked the Board to reject these Plans which go so far as to regulate the shades of paint to be
used.
Commissioner Neuberger asked where the Plan discusses shades of paint, and Director
Keating replied that the regulations are in the Corridor Plan and apply only to commercial, industrial
and institutional projects.
Commissioner Adams emphasized that staff had done what the Board asked them to do.
Roseland historically has been settled by very independent people and she did not believe the Plans
should be adopted with this much opposition.
MAY 20, 2003 16
Commissioner Ginn suggested separating the Plans and was in favor of the Corridor Plan.
Commissioner Neuberger believed these are fine Plans but was concerned that the City of
Sebastian had not been included in the discussions and wanted to see the responses to staffs survey.
Director Keating noted that 1,139 surveys were mailed, with a follow-up mailing to each
addressee who did not respond to the survey. 144 responses were received and copies will be
furnished to the Commissioners. The purpose of the survey was to determine what issues were
foremost in the minds of the residents and whether or not they wanted additional infrastructure.
Commissioner Adams volunteered to meet with staff and key members of the Task Force
and come back to the Board with the results of those meetings.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board, by a 4-1 vote (Commissioner Neuberger opposed) agreed
to defer this matter until more investigation has been completed and
additional public input has been received.
9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON
JUNE 3, 2003
9.C.1. WILD WOOD SUBDIVISION PETITION WATER SER VICE RESOL UTION III
(PROJECT UCP -2256)
9.C.2. ATLANTIC COAST CONSTRUCTION & DEVELOPMENT. INC —REQUEST
FOR PLANNED DEVELOPMENT (PD) SPECIAL EXCEPTION USE APPROVAL FOR
A PROJECT TO BE KNOWN AS HIDDEN LAKE (LEGISLATIVE)
The Chairman read the notice into the record.
MAY 20, 2003 17
11.G.1. THE LINKS AT POINTE WEST, LLC - PROJECT #9920 -
MAINTENANCE AGREEMENT, ROAD AND DRAINAGE
IMPROVEMENTS FOR 16TH STREET BETWEEN 74TH AVENUE
AND 66TH AVENUE
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously approved the Maintenance Agreement
with The Links at Pointe West, LLC and authorized the Chairman to
execute same, as recommended by staff.
EASEMENT AND MAINTENANCE AGREEMENT
IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
11.G.2. BARBER STREET RIGHT-OF-WAY - PURCHASE OF
SEBASTIAN HIGHLANDS LOT - OSLO TRADE CENTER, INC.
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously approved the $13,000 purchase and
authorized the Chairman to execute the contract, as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
MAY 20, 2003 18
11.G.3. EAST INDIAN RIVER COUNTY STORMWATER
MANAGEMENT PLAN - NAMING THE SOUTHWEST
INDUSTRIAL STORMWATER PARK "EGRET MARSH REGIONAL
STORMWATER PARK" - SOUTHEAST CORNER OF 4TH STREET
AND 74TH AVENUE
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously approved the name of "Egret Marsh Regional
Stormwater Park" for the facility, as recommended by staff.
12.A. COUNTY ATTORNEY - RESOLUTIONS CREATING
COMMITTEES - RESTRUCTURE STUDY AND PREPARE
RESOLUTIONS
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Adams, the Board unanimously authorized the County Attorney's Office to
work with the liaison commissioner for each particular committee to
restructure committee resolutions as appropriate and bring the re -drafted
resolutions back to the Board for consideration and approval, as requested.
13.A.1. CHAIRMAN KENNETH R. MACHT - VIDEO CAMERA
EOUIPMENT FOR THE CHAMBERS AND CONFERENCE ROOM
A
Chairman Macht asked for a motion in support of a stationary video camera in the Chambers
and in Conference Room A to tape committee meetings. He stated that the total cost would be
$2,000 or less and these cameras would assist commissioners in being able to monitor such meetings
while attending to paperwork in their offices rather than having to dedicate that time to attending
those meetings.
MAY 20, 2003 19
ON MOTION by Commissioner Ginn, SECONDED by Commission
Lowther, the Board unanimously agreed to purchase video cameras for use
in the Chambers and Conference Room A for an amount not to exceed
$2,000.00.
13.A.2. CHAIRMAN KENNETH R. MACHT - COMMENTS
REGARDING BEACH RESTORATION
Chairman Macht praised the ongoing beach restoration work. The sand is just beautiful,
there are no escarpments and there are turtle nests all over the place.
Commissioner Ginn agreed that the beaches are just beautiful and she commended
Commissioner Adams for leading the fight to undertake this restorative work.
NO ACTION REQUIRED OR TAKEN.
13.A.3. CHAIRMAN KENNETH R. MACHT - RESCHEDULE BOARD
MEETING OF JUNE 17, 2003 TO JUNE 24, 2003
Chairman Macht requested that the June 171h Board meeting be rescheduled for June 241h in
view of the FACo conference in Orlando the week of June 171h
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Adams, the Board unanimously approved switching the June 17, 2003
Board meeting to Tuesday, June 24, 2003.
DOCUMENTS TO BE ADDED TO THE RECORD - CITY OF SEBASTIAN
ORDINANCE 0-03-07 - PROVIDING FOR THE VOLUNTARY
ANNEXATION OF 72.447 ACRES, MORE OR LESS, BEING A PART
OF SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST
LOCATED ALONG THE ST. SEBASTIAN RIVER NEAR THE
INTERSECTION OF CR 510 AND CR 512; PROVIDING FOR
INTERIM LAND USE AND ZONING CLASSIFICATION
The following has been received and is on file in the office of the Clerk to the Board:
City of Sebastian Ordinance 0-03-07.
MAY 20, 2003 20
14.A. EMERGENCY SERVICES DISTRICT
None.
14.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment, the Board would reconvene
as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being
prepared separately.
14.C. ENVIRONMENTAL CONTROL BOARD
None.
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART
OF THESE MINUTES
There being no further business, on Motion duly made, seconded and carried, the Board
adjourned at 11:21 a.m.
ATTEST:
Jeffrey K. Barton, Clerk Kenneth R. Macht, Chairman
Minutes Approved:
BCC/PLJ/3003Minutes
MAY 20, 2003 21