HomeMy WebLinkAbout05/24/2005 (2)
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MAY 24, 2005
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE...................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS ............................................................................................................ 2
6.APPROVAL OF MINUTES – REGULAR MEETING OF APRIL
19, 2005 ........................................................................................................... 2
7.CONSENT AGENDA ................................................................................... 3
7.A.R-MBSDF
EPORT INUTES OF THE OARD OF UPERVISORS FOR ELTA ARMS
WCDS30,
ATER ONTROL ISTRICT FOR THE FISCAL YEAR ENDING EPTEMBER
2004. ...........................................................................................................................3
7.BR-DFWCD
EPORT ELTA ARMS ATER ONTROL ISTRICT BUDGET FOR FISCAL
2005/2006. .........................................................................................................3
YEAR
7.C.AW–M6,2005M12,2005 ......................................3
PPROVAL OF ARRANTS AY TO AY
7.D.PHWM.KRA44
ROCLAMATION ONORING ILLIAM YZER ETIREMENT FTER
YWFDT(DOT) .........................3
EARS ITH LORIDA EPARTMENT OF RANSPORTATION
May 24, 2005 1
7.E.2005RCATI
EVISION TO OMMITTEE PPOINTMENTS FOR THE OWN OF NDIAN
RS–CALA
IVER HORES HANGING PPOINTMENT FOR THE AND CQUISISTION
ACPRC ..................4
DVISORY OMMITTEE AND THE ARKS AND ECREATION OMMITTEE
7.F.JMIRBCC–
OINT EETING OF NDIAN IVER AND REVARD OUNTY OMMISSIONERS
BCC(PBC) ............................................4
REVARD OMMUNITY OLLEGE ALM AY AMPUS
7.G.ACTDA ..............................................................4
NNUAL OUNTY AX EED PPLICATIONS
7.H.TOVPD,PIMC
HE AKS OF ERO HASE ODIFICATION TO ONTRACT FOR
CRSIC
ONSTRUCTION OF EQUIRED IDEWALK MPROVEMENTS AND ONSENT TO
AN.PD-01-06-15SIDE .......................................................................5
SSIGNMENT O
7.I.R2005-080-RST–R
ESOLUTION EPLAT OF ABAL RACE EQUEST FOR
ASCLC–M
UTHORIZATION FOR TAFF TO ALL ETTER OF REDIT AINSTREET AT
VB,I. ......................................................................................................5
ERO EACH NC
7.J.R2005-081-AP–R
ESOLUTION MELIA LANTATION EQUEST FOR
ASCLC/E
UTHORIZATION FOR TAFF TO ALL ETTER OF REDIT ANDOR XTEND
EDCRRI–
XPIRATION ATE TO OMPLETE EMAINING EQUIRED MPROVEMENTS
APG,LLCI. ....................................................................6
MELIA LANTATION ROUP NC
7.K.AFNCP–NSL
IRMASTERS IELD AT ORTH OUNTY ARK EW TATE EASE
A–BTIIT
GREEMENT OARD OF RUSTEES OF THE NTERNAL MPROVEMENT RUST
FSF ..............................................................................7
UND OF THE TATE OF LORIDA
7.L.R90DE–SAFS
EQUEST FOR AY XTENSION ECOND MENDMENT TO AIR HARE
RIWSCCF
OADWAY MPROVEMENTS AND ATER AND EWER APACITY HARGES EE
A–IRIC,I. .........................................7
GREEMENT NDIAN IVER NDUSTRIAL ENTER NC
7.M.SSQBR
OLICITATION FOR TATEMENT OF UALIFICATIONS EACH ESTORATION
DP .............................................................................................8
ESIGN AND ERMITING
7.N.HFS,I.–FPFR
ENRY ISCHER AND ONS NC INAL AYMENT AND ULL ELEASE OF
R–PHFJED
ETAINAGE OST URRICANES RANCES AND EANNE MERGENCY UNE
RPN.0451 ..............................................................................8
ESTORATION ROJECT O
7.O.ALLLC’FPAS
SHLEY AKES S INAL LAT PPROVAL FOR A UBDIVISION TO BE
KAL\[91100023-44615/SD-04-02-07\]–C
NOWN AS SHLEY AKES ONTRACT FOR
CRI–C
ONSTRUCTION OF EQUIRED MPROVEMENTS ONTRACT FOR
CRSI .......................................9
ONSTRUCTION OF EQUIRED IDEWALK MPROVEMENTS
May 24, 2005 2
7.P.KBHTCLLC’FPAP-
OMES REASURE OAST S INAL LAT PPROVAL FOR A LAT
O-S-PPWNV
VERITELAN TO BE KNOWN AS OINTE EST ORTH ILLAGE
TPIIIPD .......................................................................................9
OWNHOMES HASE
7.Q.TDC–2005/2006BR ..... 10
OURIST EVELOPMENT OUNCIL UDGET ECOMMENDATION
7.R.R2005-082-MBA011................. 10
ESOLUTION ISCELLANEOUS UDGET MENDMENT
7.S.R2005-083-MBA012................. 10
ESOLUTION ISCELLANEOUS UDGET MENDMENT
9.A.1.PUBLIC HEARING –ORDINANCE 2005-018/019 – SMALL
SCALE COMPREHENSIVE PLAN FUTURE LAND USE
AMENDMENT TO REDESIGNATE 2.61 ACRES FROM C/I TO
C-1, AND REZONE THOSE 2.61 ACRES FROM CG TO CON-1;
AND TO REDESGNATE 6.69 ACRES FROM L-2 TO C-1, AND
REZONE THOSE 6.69 ACRES FROM RM-6 AND RS-6 TO
CON-1 (KROEGEL AND ORCA PROPERTIES) ................................. 11
9.A.2.PUBLIC HEARING – ORDINANCE 2005-020 - VERO BEACH
DEVELOPMENT LLC – REZONE +/- 10.48 ACRES FROM A-1
TO RM-6 (RZON 2004070199-45314) ...................................................... 14
9.A.3.PUBLIC HEARING – (1) ORDINANCE 2005-021 –
ESTABLISHING THE INDIAN RIVER COUNTY ENTERPRISE
ZONE DEVELOPMENT AGENCY (2) RESOLUTION 2005-084
ESTABLISHING THE POWERS AND DUTIES OF THE
INDIAN RIVER COUNTY ENTERPRISE ZONE
DEVELOPMENT AGENCY (3) RESOLUTION 2005- 085
NOMINATING AN AREA TO INCLUDE THE GIFFORD
COMMUNITY AND PROPERTIES SURROUNDING THE
VERO BEACH MUNICIPAL AIRPORT AS A FLORIDA
ENTERPRISE ZONE ................................................................................. 16
May 24, 2005 3
9.C.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON JUNE 7, 2005 - BLOCK VILLA PETITION
WATER SERVICE INDIAN RIVER COUNTY PROJECT NO.
UCP-2504 ...................................................................................................... 19
11.B.1.EMERGENCY SERVICES – APPROVAL OF FISCAL YEAR
05/06 HAZARDOUS MATERIALS EMERGENCY PLAN
UPDATES..................................................................................................... 19
TH
11.I.1.PUBLIC WORKS – KINGS HIGHWAY EXTENSION (58
AVENUE) – SOUTH, PHASE 1 OSLO ROAD THROUGH SW
TH
17 STREET – KIMLEY-HORN AND ASSOCIATES, INC.
ENGINEERING DESIGN SURVEY - CONTINUING
PROFESSIONAL SURVEY SERVICES CONTRACT 0390 –
SUPPLEMENTAL SURVEY SERVICES FOR WORK ORDER
NO. 6 (ENGINEERING) ............................................................................ 20
11.I.2.WILLIAM C. GRAVES III AND FRANCES E. GRAVES –
TH
RIGHT-OF-WAY ACQUISITION (THE NORTH SIDE OF 4
TH
STREET, EAST OF 58 AVENUE) – AGREEMENT TO
PURCHASE AND SELL REAL ESTATE .............................................. 20
11.I.3.OSLO ROAD VERO CHRISTIAN CHURCH PROJECT –
RIGHT-OF-WAY ACQUISITION – VERO CHRISTIAN
CHURCH, INC. - AGREEMENT TO PURCHASE AND SELL
REAL ESTATE (NEW CO ADMIN. BUILDING) ................................ 21
11.I.4.CIVIL ENGINEERING AND LAND AGREEMENT FOR OSLO
RDTH
ROAD WIDENING BETWEEN 43 AND 27 AVENUE –
KIMLEY HORN AND ASSOCIATES, INC. .......................................... 22
May 24, 2005 4
11.I.5ECHO LAKE PLANNED DEVELOPMENT – DEVELOPER’S
AGREEMENT – VERO ENTERPRISES, LLC ..................................... 22
11.I.6.TRI-PARTY DEVELOPER’S AGREEMENT – (1) INDIAN
RIVER COUNTY (2) HARBOR TRADE CENTER LLC (3)
TH
WAHOO MANAGEMENT, INC. – 45 STREET
IMPROVEMENTS ..................................................................................... 22
11.J.1UTILITIES – INDIAN RIVER DRIVE NORTH– PETITION
WATER SERVICE – PROJECT NO. UPC-2632 ................................... 23
11.J.2UTILITIES – POINT-O-WOODS SUBDIVISION PETITION
WATER SERVICE (ROBIN LANE-RIVERSIDE – OFF
ROSELAND ROAD) – PROJECT NO. UPC-2613 ................................ 24
12.A.COUNTY ATTORNEY – RESOLUTION 2005-086 -
APPOINTMENT OF ADDITIONAL MEMBER TO THE LAND
ACQUISITION COMMITTEE ................................................................ 24
12.B.COUNTY ATTORNEY – URBAN SERVICE AREA SPECIAL
LEGISLATION – RETAIN ROBERT NABORS’ FIRM ..................... 25
13.A. CHAIRMAN LOWTHER.......................................................................... 25
14.A.EMERGENCY SERVICES DISTRICT - NONE ................................... 26
14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 26
14.B.1.AM–M29,2005.................................................. 26
PPROVAL OF INUTES ARCH
14B.2.AM–A5,2005 ...................................................... 26
PPROVAL OF INUTES PRIL
May 24, 2005 5
14.B.3.SGLS–G ..................................... 26
OUTH IFFORD ANDFILL ITE ROUNDWATER
M–GS–N.1 .................................... 26
ONITORING EOYNTEC CONSULTANTS WORK ORDER O
14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 26
May 24, 2005 6
May 24, 2005
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
th
Regular Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on
Tuesday, May 24, 2005, at 9:00 a.m. Present were Chairman Thomas S. Lowther, Vice
Chairman Arthur R. Neuberger, Commissioners Sandra L. Bowden, Wesley S. Davis, and Gary
C. Wheeler. Also present were County Administrator Joseph A. Baird, County Attorney
William G. Collins II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Ilea
M. Petsel.
1. CALL TO ORDER
Chairman Lowther called the meeting to order.
2. INVOCATION
Reverend Bob Baggott, Community Church delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Sandra L. Bowden led the Pledge of Allegiance to the Flag.
May 24, 2005 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Lowther requested the following changes to today’s Agenda:
Item Addition/Deletion Description
7.E. Correction Indian River Shores committee assignments
Change of workshop location for the Joint Workshop with the
7.F. Correction Brevard BCC from the Richardson Center to the Brevard
Community College – Palm Bay Campus
Discussion regarding amending the P&Z Ordinance to require
13.A. Add that Commission appointees must reside in the same district the
Commissioner represents.
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously made the
above changes to the Agenda.
6. APPROVAL OF MINUTES – REGULAR MEETING OF APRIL
19, 2005
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of April 19, 2005. There were none.
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Neuberger, the Board unanimously
approved the Minutes of the Regular Meeting of April 19,
2005, as written and distributed.
May 24, 2005 2
7. CONSENT AGENDA
Item 7.S. was pulled from the Consent for discussion.
7.A. R-MBSD
EPORT INUTES OF THE OARD OF UPERVISORS FOR ELTA
FWCD
ARMS ATER ONTROL ISTRICT FOR THE FISCAL YEAR ENDING
S30,2004.
EPTEMBER
The report has been received and is on file in the office of the Clerk to the Board.
7.B R-DFWCD
EPORT ELTA ARMS ATER ONTROL ISTRICT BUDGET FOR
2005/2006.
FISCAL YEAR
The report has been received and is on file in the office of the Clerk to the Board.
7.C. AW–M6,2005M12,2005
PPROVAL OF ARRANTS AY TO AY
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler the Board unanimously
approved the list of Warrants as issued by the Clerk to the
Board for the time period of May 6, 2005 to May 12,
2005, as requested.
7.D. PHWM.KR
ROCLAMATION ONORING ILLIAM YZER ETIREMENT
A44YWFD
FTER EARS ITH LORIDA EPARTMENT OF
T(DOT)
RANSPORTATION
No Board Action required or taken.
May 24, 2005 3
7.E. 2005RCAT
EVISION TO OMMITTEE PPOINTMENTS FOR THE OWN OF
IRS–CAL
NDIAN IVER HORES HANGING PPOINTMENT FOR THE AND
AACP
CQUISISTION DVISORY OMMITTEE AND THE ARKS AND
RC
ECREATION OMMITTEE
No Board Action required or taken.
7.F. JMIRBC
OINT EETING OF NDIAN IVER AND REVARD OUNTY
C–BCC(PB
OMMISSIONERS REVARD OMMUNITY OLLEGE ALM AY
C)
AMPUS
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler the Board unanimously
approved a meeting with Brevard County BCC on August
24, 2005 at the Brevard County Community College
(Palm Bay Campus), as recommended in the
memorandum of May 17, 2005.
7.G. ACTDA
NNUAL OUNTY AX EED PPLICATIONS
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler the Board unanimously
authorized the Chairman to execute the seven (7)
applications and send payment to the Tax Collector of the
requested amount of $100.00 per parcel per title search or
May 24, 2005 4
a total of $700.00, as requested in the memorandum of
May 16, 2005.
NOTICE TO TAX COLLECTOR OF APPLICATIONS
FOR TAX DEEDS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.H. TOVPD,PIMC
HE AKS OF ERO HASE ODIFICATION TO ONTRACT
CRSI
FOR ONSTRUCTION OF EQUIRED IDEWALK MPROVEMENTS AND
CAN.PD-01-06-15SIDE
ONSENT TO SSIGNMENT O
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler the Board unanimously
approved the modification and assignment and authorized
the Chairman to execute the attached Modification to
Contract for Construction of Required Sidewalk
Improvements and Consent to Assignment No. PD-01-06-
15-SIDE, as recommended in the memorandum of May
17, 2005.
AGREEMENT ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.I. R2005-080-RST–R
ESOLUTION EPLAT OF ABAL RACE EQUEST FOR
ASCLC–
UTHORIZATION FOR TAFF TO ALL ETTER OF REDIT
MVB,I.
AINSTREET AT ERO EACH NC
May 24, 2005 5
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler the Board unanimously
adopted Resolution 2005-080 declaring default by
Mainstreet at Vero Beach, Inc. in its obligation to perform
remedial work relating to the replat of Sabal Trace
Subdivision, and authorizing staff to make sight draft
against SouthTrust Bank Irrevocable Letter of Credit No.
273300 dated March 24, 2004.
7.J. R2005-081-AP–R
ESOLUTION MELIA LANTATION EQUEST FOR
ASCLC/
UTHORIZATION FOR TAFF TO ALL ETTER OF REDIT ANDOR
EEDCRR
XTEND XPIRATION ATE TO OMPLETE EMAINING EQUIRED
I–APG,LLCI.
MPROVEMENTS MELIA LANTATION ROUP NC
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler the Board unanimously
adopted Resolution 2005- 081 declaring default by Amelia
Plantation Group, LLC Inc. in its obligation to complete
required improvements to Amelia Plantation, and
authorized staff to make sight draft against Harbor Federal
Savings Bank irrevocable Letter of Credit No. 390 dated
June 1, 2004, as amended and authorized an extension of
the completion date for the required improvements to
August 24, 2005 provided an acceptable amendment to the
letter of credit extending the expiration date to November
24, 2005 is delivered to the County Attorney’s Office no
later then 5:00 p.m. on May 25, 2005, staff will not need
May 24, 2005 6
to call the existing letter of credit and authorized the
Chairman to execute the attached modification to Contract
for Construction of Required Improvements No. SD-03-
08-22CFC (2000070058-38955), as recommended in the
memorandum of May 17, 2005.
7.K. AFNCP–NSL
IRMASTERS IELD AT ORTH OUNTY ARK EW TATE EASE
A–BTI
GREEMENT OARD OF RUSTEES OF THE NTERNAL
ITFSF
MPROVEMENT RUST UND OF THE TATE OF LORIDA
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler the Board unanimously
approved entering into the lease and authorized the
Chairman to execute it, as recommended in the
memorandum of May 17, 2005.
LEASE IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.L. R90DE–SAF
EQUEST FOR AY XTENSION ECOND MENDMENT TO AIR
SRIWS
HARE OADWAY MPROVEMENTS AND ATER AND EWER
CCFA–IR
APACITY HARGES EE GREEMENT NDIAN IVER
IC,I.
NDUSTRIAL ENTER NC
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler the Board unanimously
approved the 90 day interest free extension to the
May 24, 2005 7
agreement with Indian River Industrial Center, Inc., as
recommended in the memorandum of May 18, 2005.
AGREEMENT WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
7.M. SSQB
OLICITATION FOR TATEMENT OF UALIFICATIONS EACH
RDP
ESTORATION ESIGN AND ERMITING
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler the Board unanimously
approved the draft solicitation for Statements of
Qualifications, as recommended in the memorandum of
May 13, 2005.
7.N. HFS,I.–FPF
ENRY ISCHER AND ONS NC INAL AYMENT AND ULL
RR–PHF
ELEASE OF ETAINAGE OST URRICANES RANCES AND
JEDRPN.0451
EANNE MERGENCY UNE ESTORATION ROJECT O
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler the Board unanimously
approved the final payment and application for release of
the retainage in the amount of $220,500.00, as
recommended in the memorandum of May 16, 2005.
May 24, 2005 8
7.O. ALLLC’FPAS
SHLEY AKES S INAL LAT PPROVAL FOR A UBDIVISION
KAL\[91100023-44615/SD-04-02-07\]
TO BE NOWN AS SHLEY AKES
–CCRI–
ONTRACT FOR ONSTRUCTION OF EQUIRED MPROVEMENTS
CCRS
ONTRACT FOR ONSTRUCTION OF EQUIRED IDEWALK
I
MPROVEMENTS
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler the Board unanimously granted
final plat approval for the Ashley Lakes Subdivision,
authorized the Chairman to sign the Constract for
Construction of Required Improvements and the Contract
for Required Sidewalk Improvements, and directed staff to
recorded the mylar only after the acceptable security is
received and approved by the County Attorney, as
recommended in the memorandum of May 12, 2005.
CONTRACTS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.P. KBHTCLLC’FPA
OMES REASURE OAST S INAL LAT PPROVAL FOR
P-O-S-PPWN
A LATVERITELAN TO BE KNOWN AS OINTE EST ORTH
VTPIIIPD
ILLAGE OWNHOMES HASE
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler the Board unanimously granted
final plat approval for Pointe West North Village
May 24, 2005 9
Townhomes Phase III PD, as recommended in the
memorandum of May 12, 2005.
7.Q. TDC–2005/2006B
OURIST EVELOPMENT OUNCIL UDGET
R
ECOMMENDATION
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler the Board unanimously
approved the amounts recommended by the Tourist
Development Council, as recommended in the
memorandum of May 12, 2005.
7.R. R2005-082-MBA
ESOLUTION ISCELLANEOUS UDGET MENDMENT
011
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler the Board unanimously
adopted Resolution 2005- 082 amending the fiscal year
2004-2005 budget.
7.S. R2005-083-MBA
ESOLUTION ISCELLANEOUS UDGET MENDMENT
012
Commissioner Wheeler felt it appropriate that the monies for the fireworks,
$2500.00 to Sebastian and $2500.00 to the City of Vero Beach, come from the Tourist Tax
instead of the General Fund.
May 24, 2005 10
County Administrator Joseph A. Baird explained the funds are currently coming
from the MSTU, which is the unincorporated area of the County. The Cities usually match our
money so their residents pay their $2500.00 and the unincorporated area residents pay their
$2500.00.
Commissioner Davis felt the money coming from the County’s own MSTU would
be the most appropriate place to draw these funds from.
A MOTION was made by Commissioner Wheeler to have
the funds for this budget amendment come out of the
Tourist Tax, SECONDED by Commissioner Bowden for
discussion.
Under discussion, it was explained that the MSTU might have a harder time this
year because of the hurricanes. The Fireworks do not necessarily bring in tourism, and the
Tourist Tax is supposed to be used for promoting tourism and putting “heads on beds”.
Commissioner Wheeler WITHDREW his MOTION.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Neuberger, the Board unanimously adopted
Resolution 2005- 083 amending the fiscal year 2004-2005
budget.
9.A.1. PUBLIC HEARING –ORDINANCE 2005-018/019 – SMALL
SCALE COMPREHENSIVE PLAN FUTURE LAND USE
AMENDMENT TO REDESIGNATE 2.61 ACRES FROM C/I TO
C-1, AND REZONE THOSE 2.61 ACRES FROM CG TO CON-
May 24, 2005 11
1; AND TO REDESGNATE 6.69 ACRES FROM L-2 TO C-1,
AND REZONE THOSE 6.69 ACRES FROM RM-6 AND RS-6
TO CON-1 (KROEGEL AND ORCA PROPERTIES)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating used a PowerPoint presentation to
illustrate the two properties in this proposal. One is the Kroegel property located on Indian River
Drive, and the other is the ORCA property located on the South side of Oslo Road and East of
US1. He explained the proposed ordinances would rezone the properties to conservation. He
clarified the rezoning would have no negative environmental impact on the properties, the
rezoning will be compatible with the surrounding areas, and is consistent with the County’s
Comprehensive Plan.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter. There being none, the Chairman closed the public hearing.
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Ordinance 2005-018 amending the Future Land Use Map
by changing the Land Use Designation for Approximately
2.61 Acres Located East of Indian River Drive and
Approximately 650 Feet North of the Intersection of US
Highway #1 and Indian River Drive from CI, Commercial
Industrial, to C-1, Conservation (0 units/acre); and by
changing the Land Use Designation for Approximately
May 24, 2005 12
6.69 Acres located South of Oslo Road, and approximately
600 feet East of U.S. Highway #1, Adjacent to the Oslo
Riverfront Conservation Area and South Oslo
Conservation area from L-2, Low Density Residential-2
(up to 6 units/acre) to C-1, Conservation (0 units/acre) and
providing codification, severability, and effective date.
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Ordinance 2005-019 amending the Zoning Ordinance and
the Accompanying Zoning Map for Approximately 2.66
acres located east of Indian River Drive and approximately
650 feet North of the Intersection of US Highway #1 and
Indian River Drive from CG, General Commercial District
to Con-1, Conservation-1 District (0 density); and
amending the Zoning Ordinance and the Accompanying
Zoning Map for approximately 6.69 acres adjacent to the
Oslo Riverfront Conservation Area and the South Oslo
Conservation Area, Located South of Oslo Road and
Approximately 600 Feet East of U.S. Highway #1, from
RM-6, Multiple Family Residential District (up to 6
units/acres), and RS-6, Single Family Residential District
(up to 6 units/acres), to CON-1, Conservation (0
units/acres); and providing Codification, Severability, and
Effective Date.
May 24, 2005 13
9.A.2. PUBLIC HEARING – ORDINANCE 2005-020 - VERO BEACH
DEVELOPMENT LLC – REZONE +/- 10.48 ACRES FROM A-1
TO RM-6 (RZON 2004070199-45314)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Director Keating used a PowerPoint presentation to explain this proposed rezoning
th
change from A-1 to RM-6. He showed the location of the property (North side of 16 Street and
th
about 1200 feet west of 66 Avenue). He explained when this came to the Planning and Zoning
Commission on April 28, 2005 it was recommended for approval by a 4-2 vote. Director Keating
clarified the current land uses of the surrounding properties, the rezoning is consistent with the
County’s Comprehensive Plan, and the requested density is actually lower than the
Comprehensive Plan density would allow.
Commissioner Wheeler was concerned about increasing the density in that area
before having a concrete way of determining concurrency and calculating traffic. He stated he
was also concerned that currently there are no roads or developments in that area at this time.
Director Keating explained the Planning and Zoning Commission will be coming
to the Board at a later date with proposed changes to the Land Development Regulations with
respect to calculating traffic concurrency.
th
County Engineer Chris Kafer explained that 16 Street is a joint project where
Pointe West will be paying 50% of the costs within their frontage and the project is hoped to be
th
under construction probably within a year. The 66 Avenue project is hoped to come around the
same time.
May 24, 2005 14
The Chairman opened the public hearing and asked if anyone wished to be heard
with regard to this matter.
Joseph Schulke
, Schulke, Bittle & Stoddard, LLC, explained that the rezoning
appears to meet the compatibility test, is in conformance with the Comprehensive Plan, the
th
projects’ location makes sense, and the paving of 16 Street will not be a problem. He also stated
they have gone as far as they can pending the rezoning.
Bob Johnson
, Coral Winds Subdivision, thought RM3 would be consistent with
what the new Board is trying to do about density.
The Chairman asked if anyone else wished to be heard regarding this matter. There
being none, the Chairman closed the public hearing.
A MOTION was made by Commissioner Wheeler to deny
staff’s recommendations, SECONDED by Commissioner
Bowden for discussion.
Commissioner Bowden expressed her complete confidence in Planning and Zoning
Chairman Keys and agrees with her position in denying the rezoning.
Chairman Lowther pointed out (page 131 of the backup) since the property is
zoned RM-8 the requested RM-6 zoning will be a continuation of a Multi-family development
pattern. He felt everyone should realize that, as we begin to diminish density in areas where the
County is trying to allow affordable/workforce housing the County hurts itself.
May 24, 2005 15
The Chairman CALLED THE QUESTION and the
MOTION FAILED by a vote of 2-3 (Chairman Lowther,
Vice Chairman Neuberger, and Commissioner Davis
apposed) to deny staff’s recommendations.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
adopted Ordinance 2005-020 amending the Zoning
Ordinance and the Accompanying Zoning Map for +/-
th
10.48 acres located North of 16 Street and
th
Approximately 1200 Feet West of 66 Avenue, from A-1,
Agricultural District (up to 1 unit/5Acres), to RM-6,
Multiple-Family Residential District (up to 6 unit/acre);
and providing codification, severability, and effective
date.
9.A.3. PUBLIC HEARING – (1) ORDINANCE 2005-021 –
ESTABLISHING THE INDIAN RIVER COUNTY
ENTERPRISE ZONE DEVELOPMENT AGENCY (2)
RESOLUTION 2005-084 ESTABLISHING THE POWERS AND
DUTIES OF THE INDIAN RIVER COUNTY ENTERPRISE
ZONE DEVELOPMENT AGENCY (3) RESOLUTION 2005- 085
NOMINATING AN AREA TO INCLUDE THE GIFFORD
COMMUNITY AND PROPERTIES SURROUNDING THE
May 24, 2005 16
VERO BEACH MUNICIPAL AIRPORT AS A FLORIDA
ENTERPRISE ZONE
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Assistant County Attorney Bill DeBraal explained this is a joint project with the
City of Vero Beach and is being led by the Chamber of Commerce. He discussed what the Board
would need to approve today and two changes that have been made. First, anytime there is a
reference to this zone we would like to make sure that it clearly includes the Gifford Front Porch
Community so that it is clear both in the Ordinance and in the Resolution. Second, in the
Resolution, paragraph 10 that establishes this agency and sets forth the duties in more detail,
there is a provision for removal from office. If a person is removed from office they have the
right to approach the Board of County Commissioners either in person or through counsel.
Helene Caseltine
, Chamber of Commerce, explained the certain criterion an area
must meet in order to be a part of an Enterprise Zone. She clarified the Zone does not have to be
contiguous but is limited to a total of 10 square miles; however, the non-contiguous area would
have to meet a 30% poverty rate. She stated that local businesses within the Enterprise Zone
would get either a credit on their sales tax bill or corporate tax bill for hiring people within the
Enterprise Zone.
Commissioner Bowden proposed a member from the City of Vero Beach and
would like to have an odd number of members sitting on the Board.
Discussion ensued on the provisions in the proposed Resolutions and when the
Board of County Commissioners should appoint members to the Enterprise Zone Board. It was
determined that the removal of office provision in the proposed resolution would be revised;
May 24, 2005 17
there would be 3 members at large added to the Enterprise Zone Board; and the Board would not
have to set public hearings in order to appoint members of the Enterprise Zone Board.
Bob Johnson
, Coral Winds Subdivision, questioned if there would be any impact
on the agreements the County has with DodgerTown and he feels there may be impacts on other
businesses outside the Enterprise Zone.
th
Freddie Woolfork
, 4590 57 Avenue, Chairman of the Gifford Front Porch
Revitalization Council, spoke in support of the Enterprise Zone.
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 Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously
adopted Ordinance 2005-021 establishing Section 103.09,
the Indian River County Enterprise Zone Development
Agency (EZDA), pursuant to Section 290.0056, Florida
Statutes.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously
adopted Resolution 2005- 084 (with language changes to
6. Provisions and 10. Removal From Office) establishing
the Indian River County Enterprise Zone Development
Agency (EZDA), in accordance with Section 290.0056,
Florida Statutes.
May 24, 2005 18
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously
adopted Resolution 2005- 085 nominating an area to
include the Gifford Community along with the properties
surrounding and including the Vero Beach Municipal
Airport as a Florida Enterprise Zone. Finding that the
nominated area meets the required criteria, pursuant to the
Florida Enterprise Zone Act.
9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON JUNE 7, 2005 - BLOCK VILLA PETITION
WATER SERVICE INDIAN RIVER COUNTY PROJECT NO.
UCP-2504
The Chairman read the notice into the record.
11.B.1. EMERGENCY SERVICES – APPROVAL OF FISCAL YEAR
05/06 HAZARDOUS MATERIALS EMERGENCY PLAN
UPDATES
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Neuberger, the Board unanimously
approved the updates, as recommended in the
memorandum of May 6, 2005.
May 24, 2005 19
TH
11.I.1. PUBLIC WORKS – KINGS HIGHWAY EXTENSION (58
AVENUE) – SOUTH, PHASE 1 OSLO ROAD THROUGH SW
TH
17 STREET – KIMLEY-HORN AND ASSOCIATES, INC.
ENGINEERING DESIGN SURVEY - CONTINUING
PROFESSIONAL SURVEY SERVICES CONTRACT 0390 –
SUPPLEMENTAL SURVEY SERVICES FOR WORK ORDER
NO. 6 (ENGINEERING)
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Supplemental to Work Order No. 6 authorizing
the project as outlined in the attached scope of services,
and authorized the Chairman to execute the attached Work
Order, as recommended in the memorandum of May 16,
2005.
WORK ORDER NO. 6 WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
11.I.2. WILLIAM C. GRAVES III AND FRANCES E. GRAVES –
TH
RIGHT-OF-WAY ACQUISITION (THE NORTH SIDE OF 4
May 24, 2005 20
TH
STREET, EAST OF 58 AVENUE) – AGREEMENT TO
PURCHASE AND SELL REAL ESTATE
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the $22,740.00 purchase and authorized the Chairman to
execute the agreement, as recommended in the
memorandum of May 16, 2005.
AGREEMENT WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
11.I.3. OSLO ROAD VERO CHRISTIAN CHURCH PROJECT –
RIGHT-OF-WAY ACQUISITION – VERO CHRISTIAN
CHURCH, INC. - AGREEMENT TO PURCHASE AND SELL
REAL ESTATE (NEW CO ADMIN. BUILDING)
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the $15,820.00 purchase, and authorized the Chairman to
execute the agreement, as recommended in the
memorandum of May 16, 2005.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
May 24, 2005 21
11.I.4. CIVIL ENGINEERING AND LAND AGREEMENT FOR OSLO
RDTH
ROAD WIDENING BETWEEN 43 AND 27 AVENUE –
KIMLEY HORN AND ASSOCIATES, INC.
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Alternative No. 1 authorizing the Chairman to
execute the Agreement, as recommended in the
memorandum of May 17, 2005.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.5 ECHO LAKE PLANNED DEVELOPMENT – DEVELOPER’S
AGREEMENT – VERO ENTERPRISES, LLC
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Developers agreement, as recommended in the
memorandum of May 9, 2005.
DEVELOPERS AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.6. TRI-PARTY DEVELOPER’S AGREEMENT – (1) INDIAN
RIVER COUNTY (2) HARBOR TRADE CENTER LLC (3)
May 24, 2005 22
TH
WAHOO MANAGEMENT, INC. – 45 STREET
IMPROVEMENTS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Tri-Party Developer’s Agreement and authorized the
Chairman to execute same, as recommended in the
memorandum of May 6, 2005.
TRI-PARTY DEVELOPERS AGREEMENT WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
11.J.1 UTILITIES – INDIAN RIVER DRIVE NORTH– PETITION
WATER SERVICE – PROJECT NO. UPC-2632
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Option 1 – to serve the 74 properties, which will provide
water service to all properties along Indian River Drive,
and authorized staff to proceed with the engineering
design work and negotiate a contract for survey services,
with one of the approved survey consultants, in
preparation for the special assessment project, as
recommended in the memorandum of May 9, 2005.
May 24, 2005 23
11.J.2 UTILITIES – POINT-O-WOODS SUBDIVISION PETITION
WATER SERVICE (ROBIN LANE-RIVERSIDE – OFF
ROSELAND ROAD) – PROJECT NO. UPC-2613
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
Project No. UPC-2613, and authorized staff to proceed
with the engineering design work and negotiate a contract
for survey services, with one of the approved survey
consultants, in preparation for the special assessment
project, as recommended in the memorandum of May 6,
2005.
12.A. COUNTY ATTORNEY – RESOLUTION 2005-086 -
APPOINTMENT OF ADDITIONAL MEMBER TO THE LAND
ACQUISITION COMMITTEE
Attorney Collins explained this is a modification to the Resolution, as the Board
previously directed.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Resolution 2005- 086 adding an additional member to the
Land Acquisition Advisory Committee.
May 24, 2005 24
12.B. COUNTY ATTORNEY – URBAN SERVICE AREA SPECIAL
LEGISLATION – RETAIN ROBERT NABORS’ FIRM
Attorney Collins explained in March Commissioner Wheeler proposed proceeding
with a development of a Special Act in the County which would preclude the expansion of the
Urban Service Area (USA) without voter approval. He stated Mr. Nabors has sent a proposal to
research some of the constitutional issues; particularly if a Special Act would be allowed and
consistent with general law and what effect such an act would have on the municipalities
regarding annexation. He clarified that Mr. Nabors has set out an hourly rate and an upside cap
of $25,000.00 for the services which would not include any lobbying through the legislature.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously
approve accepting Roberts Nabors proposal to explore the
legality of the concept and draft The Special Act for a fee
not to exceed $25,000.00, as requested in the
memorandum of May 18, 2005.
13.A. CHAIRMAN LOWTHER
Chairman Lowther discussed amending the Planning and Zoning Ordinance to
require the Commission appointees must reside in the same district the Commissioner’s
represent. He stated it is currently being practiced but not by Ordinance.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Bowden, the Board directed staff to
draft an Amendment to the Planning and Zoning
May 24, 2005 25
Ordinance regarding appointees residing in the same
district the Commissioners represent.
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 and are appended to this document.
14.B.1.AM–M29,2005
PPROVAL OF INUTES ARCH
14B.2.AM–A5,2005
PPROVAL OF INUTES PRIL
14.B.3.SGLS–G
OUTH IFFORD ANDFILL ITE ROUNDWATER
M–GS–N.1
ONITORING EOYNTEC CONSULTANTS WORK ORDER O
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 10:22 a.m.
ATTEST:
________________________________ ________________________________
Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman
May 24, 2005 26
Minutes Approved: _________________
ip
May 24, 2005 27