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INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MAY 4, 2004
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.PDMMCM ...............2
ROCLAMATION ESIGNATING THE ONTH OF AY AS IVILITY ONTH
5.B.PDM6-12,2004NNW .........2
ROCLAMATION ESIGNATING AY AS ATIONAL URSES EEK
5.C.PDM8-16,2004NTW
ROCLAMATION ESIGNATING AY AS ATIONAL OURISM EEK
IRC ...........................................................................................2
IN NDIAN IVER OUNTY
5.D.PIMMG,S
RESENTATION AND NTRODUCTION OF ICHELLE COVERN ENATOR
BN’RD .......................................................................2
ILL ELSONS EGIONAL IRECTOR
6.APPROVAL OF MINUTES ........................................................................ 3
7.CONSENT AGENDA ................................................................................... 3
7.A.R .....................................................................................................................3
EPORTS
7.B.R .....................................................................................................................3
EPORTS
MAY 4, 2004 1
7.C.R .....................................................................................................................3
EPORTS
7.D.AW ...........................................................................................4
PPROVAL OF ARRANTS
7.E.AW ...........................................................................................4
PPROVAL OF ARRANTS
7.F.PDM915,2004,IR
ROCLAMATION ESIGNATING AY THROUGH AS NDIAN IVER
CPO’MW ..........................................................4
OUNTY EACE FFICERS EMORIAL EEK
7.G.CF–CA.................................................4
ITY OF ELLSMERE OMMITTEE PPOINTMENTS
7.H.IACIR–FQ,
NVESTMENT DVISORY OMMITTEE NVESTMENT EPORT IRST UARTER
2004 ............................................................................................................................5
7.I.R2004-0432004-044CT–LK,I.
ESOLUTION AND ANCELLING AXES OW EY NC
(PBES) ........................................................................5
ARROT AY STATES UBDIVISION
7.J.FDLEG–FY2004
LORIDA EPARTMENT OF AW NFORCEMENT RANTS ISCAL EAR
A-DAGFCP
NTIRUG BUSE RANT UNDING ERTIFICATION OF ARTICIPATION
(SFY2005)–M.A.C.E.SAC .............6
TATE ISCAL EAR AND UBSTANCE BUSE OUNCIL
7.K.R2004-045AFY2003-2004B–
ESOLUTION MENDING THE ISCAL EAR UDGET
MBA#010 ...........................................................7
ISCELLANEOUS UDGET MENDMENT
7.L.BRMR,S12–A
EACH ESTORATION ITIGATION EEF ECTORS AND PPLIED
TMCA#8(FDEP) .................7
ECHNOLOGY AND ANAGEMENT ONTRACT MENDMENT
7.M.C’SAC–AM
HILDRENS ERVICES DVISORY OMMITTEE PPOINTMENT OF ICHAEL
KJKCR
INT TO REPLACE EAN LINE AS THE OUNTY EPRESENTATIVE TO THE
AOTC ..........................................8
LLIANCE OF KEECHOBEE AND THE REASURE OAST
7.N.APG,LLC–FPAA
MELIA LANTATION ROUP INAL LAT PPROVAL FOR MELIA
PS..........................................................................................8
LANTATION UBDIVISION
7.O.R2004-046ASPLC
ESOLUTION UTHORIZING TAFF TO ULL ETTER OF REDIT OR
ECFSSPD(M-R
XTEND ONTRACTS AND INANCIAL ECURITY FOR EASONS
H,L.) .............................................................................................................9
OMES TD
7.P.SFTF–D.A.R.E.,OR-E
HERIFF ORFEITURE RUST UND FFENDER ENTRY AND
CSP .....................................................................................9
RIME TOPPERS ROGRAMS
7.Q.B#6023–FDPM–A
ID LOATING OWN UMPING IXERS TLANTIC
ES,I.(UD) ................................. 10
NVIRONMENTAL YSTEMS NC TILITIES EPARTMENT
MAY 4, 2004 2
9.A.1.PUBLIC HEARING – ORDINANCE 2004-014 – REZONING OF
19.98 ACRES FROM A-1 TO RM-6 – VERO HOLDINGS, INC. ....... 10
9.A.2.PUBLIC HEARING – SUNLAND DEVELOPMENT, INC. –
SPECIAL EXCEPTION USE AND CONCEPTUAL PLANNED
DEVELOPMENT APPROVAL FOR A PROJECT TO BE
KNOWN AS MADERA ISLES (SOUTH COUNTY MASTER
PLAN) ........................................................................................................... 12
9.A.3.PUBLIC HEARING – PAUL FREEMAN – CONCEPTUAL
PLANNED DEVELOPMENT SPECIAL EXCEPTION USE
APPROVAL FOR A PROJECT TO BE KNOWN AS HAMMOCK
LAKES PHASE 3 ........................................................................................ 21
9.B.1.PUBLIC DISCUSSION ITEM – BRIAN T. HEADY –
IMPOSITION OF IMPACT FEES ........................................................... 22
9.B.2.PUBLIC DISCUSSION ITEM – FRANK L. ZORC – NOVEMBER
2004 REFERENDUM ON CITIZEN TAXPAYERS INPUT FOR
FURTHER CONTROL OVER COUNTY/CITY GROWTH
DEVELOPMENT........................................................................................ 23
9.B.3.PUBLIC DISCUSSION ITEM– CLIFFORD FERGUSON – CODE
TH
ENFORCEMENT VIOLATION AT 4445 29 AVENUE,
GIFFORD ..................................................................................................... 23
9.C.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON MAY 18, 2004 ................................................................... 24
9.C.1.PHC6¢LOGT(LOGT)R
UBLIC EARING TO ONSIDER OCAL PTION AS AX EVENUE
DFFY2004-05 ............................................................. 24
ISTRIBUTION ORMULA FOR
MAY 4, 2004 3
11.A.1.RESOLUTION 2004-047 – REVISIONS TO THE COUNTY
ECONOMIC DEVELOPMENT INCENTIVE OF SHORT-TERM
FINANCING OF IMPACT FEES AND CONNECTION
CHARGES FOR TARGETED INDUSTRIAL DEVELOPMENT
AND AUTHORIZATION FOR THE COUNTY
ADMINISTRATOR TO SIGN FINANCING AGREEMENTS
(INDIAN RIVER INDUSTRIAL PARK) ................................................ 25
11.B.1.RESOLUTION 2004-048 – BELLSOUTH SPECIAL SERVICE
ARRANGEMENT AGREEMENT AND BSFS EQUIPMENT
LEASING (A COMPONENT OF GENERAL ELECTRIC
CAPITAL CORPORATION) LEASE/PURCHASE
MAINTENANCE AGREEMENT TO UPGRADE THE E-911
PUBLIC SAFETY ANSWERING POINTS ............................................ 26
11.C.1.JAIL EXPANSION – APPROVE REQUEST FOR
QUALIFICATION FOR DESIGN SERVICES ...................................... 27
TH
11.I.1.26 STREET BRIDGE REPLACEMENT OVER RANGE LINE
TH
CANAL (74 AVENUE) – PROJECT #0378 – CHANGE ORDER
#1 FOR SHELTRA & SON CONSTRUCTION COMPANY, INC. .... 28
TH
11.I.2.BID #6028 - 4 STREET WIDENING FROM US#1 TO WEST OF
OLD DIXIE HIGHWAY – TIMOTHY ROSE CONTRACTING ....... 28
11.I.3.RIGHT-OF-WAY PROPERTIES FOR INTERSECTION
RD
IMPROVEMENTS – SR-60 AND 43 AVENUE.................................. 29
MAY 4, 2004 4
11.I.4.KITCHING STATION TRAILHEAD – PROJECT #0219 – BID
#5099 – CHANGE ORDER #1, FINAL PAY REQUEST AND
RELEASE OF RETAINAGE – BARTH CONSTRUCTION, INC. .... 30
11.I.5.PELICAN ISLAND NATIONAL WILDLIFE REFUGE UPLAND
RESTORATION PHASE 1-A – PROJECT #0386 - BID #6064 –
SITEWERKS, INC. (DEP NATIONAL COASTAL WETLANDS
GRANT)........................................................................................................ 30
11.J.1.NEW COUNTY ADMINISTRATION BUILDING - UTILITIES
DEPARTMENT OPERATIONS AND MAINTENANCE
FACILITY AND SITE WORK FOR SUPERVISOR OF
ELECTIONS, BUILDINGS AND GROUNDS AND ANIMAL
CONTROL FACILITIES – UCP-2229 – REVISED WORK
ORDER – BROWN AND CALDWELL .................................................. 31
11.J.2.WATER PRODUCTION AND PUMPING FACILITIES –
UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY (USEPA) EMERGENCY RESPONSE PLAN (ERP) –
CAMP DRESSER MCKEE, INC. (PUBLIC HEALTH SECURITY
AND BIOTERRORISM PREPAREDNESS AND RESPONSE ACT
OF 2002) ....................................................................................................... 32
13.D.1.COMMISSIONER THOMAS S. LOWTHER – PUBLICATION
OF AGENDA IN LOCAL NEWSPAPER ............................................... 32
13.D.2. COMMISSIONER THOMAS S. LOWTHER – NIGHT
RD
MEETING FOR 43 AVENUE PUBLIC HEARING .......................... 33
MAY 4, 2004 5
13.E.1.COMMISSIONER KENNETH R. MACHT – OUTSOURCING
AND NORTH AMERICAN FREE TRADE AGREEMENT
(NAFTRA) .................................................................................................... 33
13.E.2.COMMISSIONER KENNETH R. MACHT – LAND
ACQUISITION COMMITTEE – TRUST FOR PUBLIC LAND
OPINION POLL.......................................................................................... 33
14.A.EMERGENCY SERVICES DISTRICT .................................................. 35
14.A.1.AM–A13,2004 ............................................... 35
PPROVAL OF INUTES PRIL
14.A.2.T8FE(PM)–P
EN IRE QUIPMENT IERCE ANUFACTURING URCHASE OF
RAPA(LT)–P
EPLACEMENT ERIAL LATFORM PPARATUS ADDER RUCK IGGYBACK
LCB#99-150 ..................................................................................... 35
AKE OUNTY ID
14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 35
14.B.1.A.AM–F24,2004 ........................................ 35
PPROVAL OF INUTES EBRUARY
14.B.1.B.AM–M16,2004 ............................................. 35
PPROVAL OF INUTES ARCH
14.B.2.B#6052–FRRC–
ID ELLSMERE AND OSELAND ECYCLING ENTERS
L(UD/SWDD
ANDSCAPING TILITIES EPARTMENTOLID ASTE ISPOSAL ISTRICT
D)–N,I. .............................................................................. 35
IVISION ATURELAND NC
14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 35
MAY 4, 2004 6
May 4, 2004
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 4, 2004, at 9:00 a.m. Present were Caroline D. Ginn, Chairman; Arthur R. Neuberger, Vice
Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Kenneth R. Macht. Also
present were Joseph Baird, County Administrator; William G. Collins II, County Attorney;
Kimberly Massung, Executive Aide to the Board; and Patricia “PJ” Jones, Deputy Clerk.
1. CALL TO ORDER
Chairman Ginn called the meeting to order.
2. INVOCATION
Pastor Billy McCloud of Central Assembly delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Vice Chairman Neuberger led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
None.
MAY 4, 2004 1
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PDMMCM
ROCLAMATION ESIGNATING THE ONTH OF AY AS IVILITY ONTH
The Chairman presented the Proclamation to County Attorney Will Collins, who accepted
on behalf of the Florida Bar.
5.B. PDM6-12,2004NNW
ROCLAMATION ESIGNATING AY AS ATIONAL URSES EEK
Commissioner Adams presented the Proclamation to Sue Leonard.
Sue Leonard
, President of the local chapter of Florida Nurses Association, thanked the
Board.
5.C. PDM8-16,2004NTW
ROCLAMATION ESIGNATING AY AS ATIONAL OURISM EEK
IRC
IN NDIAN IVER OUNTY
Commissioner Macht presented the Proclamation to Beth Mitchell of the Sebastian
Chamber of Commerce and Lori Burns of the Indian River County Chamber of Commerce.
Beth Mitchell
thanked the Board for their help and support over the last 12 years and
particularly thanked Chairman Ginn who also chairs the Tourist Development Group. She also
thanked County Administrator Joe Baird and Budget Manager Jason Brown on behalf of the
Tourism Committee.
5.D. PIMMG,S
RESENTATION AND NTRODUCTION OF ICHELLE COVERN ENATOR
BN’RD
ILL ELSONS EGIONAL IRECTOR
(CLERK’S NOTE: This item was heard after Item 9.A.2. and is inserted here for purposes of
continuity.)
Michelle McGovern
stated that she is holding office hours in Conference Room A today
for local citizens. She noted that everywhere she goes in the state, she hears the problems
associated with rapid growth. Senator Nelson now has 7 offices in the state and is particularly
MAY 4, 2004 2
aware of making a local presence. She noted that their Orlando office does most of the work with
grants and is always available to assist Indian River County in any possible way. The Senator feels
that tourism is the number one issue in the state and hopes to restore federal funding for that
program. They will be holding office hours in Conference Room A in the Administration Building
every other month and are always pleased to assist the County with any matters.
6. APPROVAL OF MINUTES
None.
7. CONSENT AGENDA
7.A. R
EPORTS
Received and placed on file in the Office of Clerk to the Board
St. Johns River Water Management District Annual Financial Report
7.B. R
EPORTS
Received and placed on file in the Office of Clerk to the Board
Report of Convictions, March 2004
7.C. R
EPORTS
Received and placed on file in the Office of the Clerk to the Board
nd
Sheriff’s DUI Impoundment and Immobilization Trust Fund Report for the 2
Quarter of FY 2004
MAY 4, 2004 3
7.D. AW
PPROVAL OF ARRANTS
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, the Board
unanimously approved the list of Warrants as issued by
the Clerk to the Board for April 8-15, 2004.
7.E. AW
PPROVAL OF ARRANTS
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, the Board
unanimously approved the list of Warrants as issued by
the Clerk to the Board for April 16-22, 2004.
7.F. PDM915,2004,IR
ROCLAMATION ESIGNATING AY THROUGH AS NDIAN IVER
CPO’MW
OUNTY EACE FFICERS EMORIAL EEK
The Proclamation was entered upon the record.
7.G. CF–CA
ITY OF ELLSMERE OMMITTEE PPOINTMENTS
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, the Board
unanimously noted the appointments of the City of
Fellsmere to the following: Council of Public Officials,
Land Acquisition Advisory Committee, Beach & Shore
Preservation, Economic Development Council,
MAY 4, 2004 4
Emergency Services District Advisory Committee,
Metropolitan Planning Organization, MPO Bicycle
Advisory Committee, MPO Citizens Advisory
Committee, MPO Technical Advisory Committee, and
Parks & Recreation Committee.
7.H. IACIR–FQ,
NVESTMENT DVISORY OMMITTEE NVESTMENT EPORT IRST UARTER
2004
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, the Board
unanimously accepted the Investment Advisory
Committee’s Investment Report for the First Quarter,
2004, as requested.
7.I. R2004-0432004-044CT–LK,I.
ESOLUTION AND ANCELLING AXES OW EY NC
(PBES)
ARROT AY STATES UBDIVISION
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, the Board
unanimously adopted Resolution 2004-043 canceling
taxes upon publicly owned lands, pursuant to Section
196.28, Florida Statutes (Exhibit “A” Property, Low
Key, Inc. \[Parrot Bay Estates Subdivision\], Parcel ID#
33-39-17-1-70-1.0).
MAY 4, 2004 5
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, the Board
unanimously adopted Resolution 2004-044 canceling
taxes upon publicly owned lands, pursuant to Section
196.28, Florida Statutes (Exhibit “B” Property, Low
Key, Inc. \[Parrot Bay Estates Subdivision\], Parcel ID#
33-39-17-1-70-1.0).
7.J. FDLEG–FY2004
LORIDA EPARTMENT OF AW NFORCEMENT RANTS ISCAL EAR
A-DAGFCP
NTIRUG BUSE RANT UNDING ERTIFICATION OF ARTICIPATION
(SFY2005)–M.A.C.E.SAC
TATE ISCAL EAR AND UBSTANCE BUSE OUNCIL
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, the Board
unanimously accepted the invitation to serve as the
coordinating unit of government in the FDLE
Anti-Drug Abuse Grant Program and authorized the
Chairman to sign the Certification of Participation
naming Jason E. Brown, Budget Manager, as the
contact person; as recommended in the memorandum.
COPYOFCERTIFICATIONISON
FILEINTHEOFFICEOFTHECLERKTOTHEBOARD
MAY 4, 2004 6
7.K. R2004-045AFY2003-2004B–
ESOLUTION MENDING THE ISCAL EAR UDGET
MBA#010
ISCELLANEOUS UDGET MENDMENT
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, the Board
unanimously adopted Resolution 2004-045 amending
the Fiscal Year 2003-2004 Budget (Miscellaneous
Budget Amendment #010).
7.L. BRMR,S12–A
EACH ESTORATION ITIGATION EEF ECTORS AND PPLIED
TMCA#8(FDEP)
ECHNOLOGY AND ANAGEMENT ONTRACT MENDMENT
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, the Board
unanimously approved Contract Amendment No. 8 to
the contract with Applied Technology and
Management, Inc. in the amount of $8560, with funding
of the County’s share of $2225.60 from the Beach
Preservation Fund, as recommended in the
memorandum.
AMENDMENTISONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
MAY 4, 2004 7
7.M. C’SAC–AM
HILDRENS ERVICES DVISORY OMMITTEE PPOINTMENT OF ICHAEL
KJKCR
INT TO REPLACE EAN LINE AS THE OUNTY EPRESENTATIVE TO THE
AOTC
LLIANCE OF KEECHOBEE AND THE REASURE OAST
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, the Board
unanimously approved the appointment of Michael Kint
as the Indian River County Representative of the
Alliance of Okeechobee and the Treasure Coast, as
recommended in the memorandum.
7.N. APG,LLC–FPAA
MELIA LANTATION ROUP INAL LAT PPROVAL FOR MELIA
PS
LANTATION UBDIVISION
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, the Board
unanimously granted final plat approval for Amelia
Plantation and authorized the Chairman to sign the
Contract for Construction of Required Improvements,
subject to the receipt of the Harbor Federal letter of
credit and approval by the County Attorney’s Office of
same, prior to the recordation of the plat, as
recommended in the memorandum.
CONTRACTISONFILEINTHEOFFICE
OFTHECLERKTOTHEBOARD
MAY 4, 2004 8
7.O. R2004-046ASPLC
ESOLUTION UTHORIZING TAFF TO ULL ETTER OF REDIT OR
ECFSSPD(M-R
XTEND ONTRACTS AND INANCIAL ECURITY FOR EASONS
H,L.)
OMES TD
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, the Board
unanimously adopted Resolution 2004-046 declaring
default by M-R Homes, Ltd., a Florida Limited
Partnership, in its obligation to complete required
improvements to Seasons P.D. and authorizing staff to
make sight draft against Bank of America Irrevocable
Standby Letter of Credit No. 3046140 dated February
12, 2002 as amended by Amendment Number 1 dated
May 2, 2003.
7.P. SFTF–D.A.R.E.,OR-E
HERIFF ORFEITURE RUST UND FFENDER ENTRY AND
CSP
RIME TOPPERS ROGRAMS
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, the Board
unanimously approved the allocation of $16,957.50
from the Sheriff’s Law Enforcement Trust Fund to be
allocated as follows: $1,957.50 to the Drug Abuse
Resistance Education (D.A.R.E.) program; $9,000 to
the Offender Re-entry Program, and $6,000 to the
Crime Stoppers of the Treasure Coast; all as requested.
MAY 4, 2004 9
7.Q. B#6023–FDPM–A
ID LOATING OWN UMPING IXERS TLANTIC
ES,I.(UD)
NVIRONMENTAL YSTEMS NC TILITIES EPARTMENT
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, the Board
unanimously awarded Bid #6023 to Atlantic
Environmental Systems, Inc. as the lowest most
responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid, in the
amount of $19,540, as recommended in the
memorandum.
BIDDOCUMENTSWILLBEONFILEIN
THEOFFICEOFTHECLERKTOTHEBOARD
WHENEXECUTEDANDRECEIVED
9.A.1. PUBLIC HEARING – ORDINANCE 2004-014 – REZONING OF 19.98
ACRES FROM A-1 TO RM-6 – VERO HOLDINGS, INC.
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating presented the project to the Board using
a PowerPoint presentation (COPY ON FILE WITH THE BACKUP FOR TODAY’S MEETING).
In response to questioning, he stated that this project will require a tree survey.
The Chairman opened the public hearing and asked if anyone wished to be heard regarding
this matter.
MAY 4, 2004 10
Bruce Barkett
, attorney for the applicant, pointed out that the applicant has agreed to
amend his project to 6 units per acre.
Joel Steiner
, 1956 Sixty Oaks Lane, expressed his concern about the shedding of
stormwater onto the Sixty Oaks property. He also commented that he would like to see as many
of the cabbage palms and live oaks preserved as possible. He and his neighbors would also like to
see a requirement for the imposition of a green barrier between the projects.
Chairman Ginn noted that we are not dealing with the site plan at this time, and Mr. Steiner
requested that caveats be added.
John Williams
, Smugglers Cove, asked if there were a way to rewrite the LDRs so
standards could be imposed to require a planned development rather than a typical subdivision,
giving the Board more control over the project.
Director Keating responded that there is a lot more flexibility to cluster units and get more
common green space with multi-family zoning than with a standard subdivision. The same results
can be achieved as with a planned development.
Brian Heady
, Vero Beach, sarcastically remarked that the Board could save some money
and do a blanket change from agricultural to multi-family residential.
The Chairman asked if anyone else wished to be heard with regard to this matter. There
being none, the Chairman closed the public hearing.
In response to questioning by Commissioner Adams, Attorney Barkett advised that his
client is the purchaser of the property and has met with the Sixty Oaks owners and intends to be as
accommodating to those owners as possible.
MAY 4, 2004 11
Commissioner Macht stated that he had talked with Helen Glenn, the Chair of the
Memorial Island Advisory Committee, and they are in need of some live oaks. If there are live
oaks on this property which are small enough to move, Memorial Island would be glad to have
them. He questioned whether a change could be made to the LDRs so that all site plans would
come before the Board, and County Attorney Will Collins responded that certain approvals have
been delegated to staff and the Planning and Zoning Commission. It is possible to change the
LDRs but that change would impact the length of the Board meetings.
Director Keating stated that the LDRs are structured in such a way to affect site plan
designs as requested by the Board.
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Adams, the Board
unanimously adopted Ordinance 2004-014 amending
the Zoning Ordinance and the accompanying Zoning
Map for approximately 20 acres located south of State
th
Road 60 and approximately 1350 feet west of 58
Avenue, from A-1, Agricultural District (up to 1 unit/5
acres) to RM-6, Multi-Family Residential District (up
to 6 units/acre) (Vero Holdings, Inc.).
9.A.2. PUBLIC HEARING – SUNLAND DEVELOPMENT, INC. – SPECIAL
EXCEPTION USE AND CONCEPTUAL PLANNED DEVELOPMENT
APPROVAL FOR A PROJECT TO BE KNOWN AS MADERA ISLES
(SOUTH COUNTY MASTER PLAN)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
MAY 4, 2004 12
Richard Sneed
At the request of , everyone planning to give testimony in this matter was
sworn by the Deputy Clerk.
Planning Director Stan Boling advised the Board that there are potentially 2700 housing
units proposed south of Oslo Road in an area of over 1200 acres. There are a number of
environmental aspects in this area and staff has been working, not only with the various
developers, but also with the School Board and the Parks and Recreation Department in an attempt
to create a “South County Master Plan” which will include a new elementary school and a park
site. Some of the projects have been approved by the Board but not started and some are being
proposed as new projects (The Colony, Echo Lake, Millstone Landing, Falcon Trace, Sunrise and
Tripson Trail). Staff has looked at these projects with particular emphasis on coordinating the
projects into a community-wide design and on concerns expressed by the Planning & Zoning
thth
Commission. These projects are west of 20 Avenue and south of 13 Street SW to the St. Lucie
County line. Staff is proposing to coordinate these projects with the inclusion of a new elementary
school site, a park site, and a new north-south road which would access these projects, as well as
the school, the park, and a small commercial area which can be controlled through the planned
development process. The Planning & Zoning Commission has approved the concept and the goal
is, as each project comes through, to fit it into the master plan.
Director Boling continued, with respect to this project, that this site has very few current
residents and is predominately an old grove site. This development is proposed at 2.57 units per
th
acre in 2 phases and this is just the conceptual plan. 25 Street SW, which presently is an existing
dirt road, partially in the Indian River Farms Water Control District canal right-of-way, will be
rd
paved from 43 Avenue to the entrance to the development. The perimeter lots are larger with
larger setbacks than the interior lots and there is an additional common buffer around the entire
development with a 6-foot high opaque feature. Design details will be worked out at the next
phase of planning for this development, together with the interior recreation area. There will be a
stormwater system. The traffic analysis has been done and will require the developer to install a
rd
southbound turn lane on 43 Avenue and a turn lane at the project entrance. Staff is requesting
that the Board add a condition, which is not contained in the recommendation, that, prior to
MAY 4, 2004 13
issuance of a land development permit, the applicant will be required to obtain from IRFWCD a
th
dedication of the 25 Street SW right-of-way.
rd
Commissioner Lowther questioned the additional traffic which would be routed onto 43
Avenue, and Director Boling gave a brief explanation of the proposed new north-south road for
use by all the developments in this master planned area in an effort to keep some of the trips off the
major roadways in that area.
Director Boling continued that this north-south road will also connect the whole area to the
proposed school and park properties.
Commissioner Macht felt that the County is being short-changed and is giving more than
it is receiving.
Discussion ensued regarding paving of the roads in the area, as well as landscaping to be
required.
th
Chairman Ginn referred to Page 132 of the backup regarding the 25 Street improvements
and noted that she would prefer it to read “bridge replacement” rather than improvement. It should
be understood that no County funds or impact fee credits will be used.
The Chairman opened the public hearing and asked if anyone wished to be heard with
regard to this matter.
Brian Heady
questioned the proposed school and park sites and emphasized that those
sites are not a part of this project. He felt that every new project should be required to dedicate at
least a 2-acre park site.
MAY 4, 2004 14
Bob Johnson,
Coral Wind, noted that this is the first time the “south county master plan”
th
has been mentioned and no indication has been made for east-west access to 58 Avenue. He
rd
stated that there are 3 pharmacies planned within 300 feet of each other in the 43 Avenue/Oslo
Road area. He also expressed concern about the IRFWCD control over the lateral canal bridges.
thth
Chairman Ginn questioned whether any of the east-west streets go through to 58 or 66
thrdth
Avenue, and Director Boling stated that 13 Street SW will be paved between 43 and 58
Avenues. The appropriate developers will coordinate that work with the Public Works
Department.
Director Boling continued that staff is attempting to pull together that area of the county so
that the area will have some cohesiveness, rather than just being developed one subdivision at a
time.
There was further discussion regarding the traffic and paving issues, as well as concerns
expressed about requiring the various developers to commit to their respective shares of the
proposed school and park sites, and the proposed new north-south road.
Commissioner Macht wondered, without condemning this plan, if we are starting at the
wrong end; perhaps we should approve the overall plan first. It is possible that we could approve
each of these projects to the last item and the developers could, without legal obligation, withdraw
from the agreements.
Chairman Ginn thought that was a legal question, and County Attorney Collins responded
that the only way it would be legally binding is if all properties submitted as a Development of
Regional Impact (DRI) and he was not sure if common ownership is one of the elements required
to make that happen.
Chairman Ginn understood that a DRI usually has one owner.
Commissioner Lowther noted we have 7 projects here and he thought staff is trying to get
the master plan into place but we all need to stay on top of development down south.
MAY 4, 2004 15
Commissioner Macht thought it was a good concept for the developers to all work together.
He hated to see it shot down but also would hate for the County to be left holding the bag. The
next owner of the property might not be obligated to follow through with arrangements made now.
Commissioner Adams recalled the Board recently approved a request to delete
interconnecting sidewalks.
Chairman Ginn noted there was no mechanism to require that be done, and Commissioner
Macht interjected that was also true in this case.
Community Development Director Bob Keating thought the best assurance is that the
developers have an enlightened self-interest here. One of the reasons is it would cost hundreds of
thousands of dollars to make changes and they also realize by doing what the community wants,
they have a good chance of being approved. He agreed we do not have a mechanism available to
us to control all projects under one agreement. Staff is also working on similar master plans for
other areas of the county and working with different developers to design a project with more
community benefits. This is important with respect to how well it is done in another area of the
county.
Commissioner Macht inquired if the School Board actually identified this as an area where
a school is needed, and Director Boling responded in the affirmative.
Chairman Ginn commented that a school in the area would be a positive marketing tool.
Rod Hyman
, Sunland Development, Inc., assured the Commissioners that, as owners of
the Echo Lake property, they are committed to do their part on the common elements and he was
willing to commit to a park site at this time. After Echo Lake was denied at P&Z, they decided to
do a regional plan and have held back so they can go back to P&Z prepared to make a commitment
on road improvements, a bridge and the park site. He emphasized that Indian River County has the
best planning staff on the Treasure Coast; they are thinking outside the box and trying to pull the
development community with them.
MAY 4, 2004 16
Richard Sneed,
a property owner in the area, wanted to put a few things on the record and
asked Mr. Hyman what his position is with Sunland.
Mr. Hyman
stated that he is the president of Sunland, a Florida corporation, the applicant
for this project and the contract vendee for another in this area currently owned by Smiegel &
Associates.
Mr.
Vice Chairman Neuberger asked if this is pertinent to what we are doing here, and
Sneed
stated he wanted to establish who owns the property from a legal standpoint.
Vice Chairman Neuberger stated that the Property Appraiser has those records.
Mr. Sneed
Chairman Ginn asked Mr. Sneed for his name and address for the record, and
st
responded that he lives at 3905 21 Street SW, the agriculture parcel on staff’s map of the area.
County Attorney Collins stated there is a contract which contains language regarding the
Mr. Sneed
use of the property, and emphasized that he has the right to know who the rezoning
applicant is. If questioning is not allowed, he would take it as a denial of his rights.
Mr. Hyman
stated that Sunland Development owns the property that was Premier Citrus
and Smiegel Associates owns the front 35 acres.
Mr. Sneed
proceeded stating that he agreed that the collector road should be paved and
applauded staff efforts on the south county master plan. Unfortunately, there is no guarantee or
agreement with the developers involved as to the master plan. He felt what has been allowed thus
far is development without proper roads, planning for police and fire protection and schools. He
felt this is somewhat naïve and frightening. It appeared to him that the Board will not address
these problems that staff has attempted to address. However, staff’s recommendations are not the
law of this County’s Land Use Plan. The so-called “south county master plan” is not legal and
exists only in the minds of staff. It has no force of law whatsoever. He objected to not receiving
proper notice of this “plan” and faulted the system for allowing that to happen without due process
to folks who live in the area. Traffic is already a nightmare in south county and there is a total lack
rd
of planning concerning the bridge at 43 Avenue and Oslo Road. He felt the time has come for the
Board to step up to the plate and not allow indiscriminate development to continue.
MAY 4, 2004 17
Chairman Ginn interrupted stating that the 5-year plan is a written document which has
been approved and totally financed. She asked Mr. Sneed to stay with the subject at hand.
Mr. Sneed
continued his objection that no one on his street had received any notice of this
“south county master plan”. He took exception to the way this idea has been brought forward.
Vice Chairman Neuberger stated this is a concept brought forward by planners who are
hoping to get the developers to agree to the plan.
Chairman Ginn emphasized this is just the beginning and it is certainly better than just
individual developers with no planning.
Mr. Sneed
stated he is not talking about this development but the private master plan
which occurred without the knowledge and input of people who live in the area.
Commissioner Lowther commented that he meets once a month with taxpayers and it is
noticed in the newspaper all the time.
County Attorney Collins advised that this concept does not have legal standing. It is
simply an attempt by staff to try to work with developers. There is no requirement of notice or due
process and the Board is also hearing this for the first time.
Brian Heady
pointed out that the developer should be required to deed the land for the
school site to the County, without a reverter clause, as part of the approval of their project.
John Williams
, Smugglers Cove, applauded staff trying to bring together different types
of development but reminded the Board that, at least 8 months ago, they had agreed to revisit the
Comprehensive Plan. He wondered if the developers could provide a daily trips generated figure
and suggested that each owner and developer mentioned in the plan be brought to a public forum
and made to commit on the public record to this plan.
Director Boling stated that the developers have committed to the master plan and as each
project comes in, they will fit it to the plan. There is a condition that they cannot get a certificate
of completion until the north-south road is completed. Echo Lake is going before P&Z next week
MAY 4, 2004 18
and that project will include the park site. Staff will structure the recommendations for each
project to put the developers on the hook to fulfill their master plan obligations.
Chairman Ginn commented that staff has worked this through and has commitments. You
have to trust the people you employ and we have the best.
Rene Renzi
questioned how many units there are in the pipeline, and Director Boling
responded that there are 186 units in this project and a total of about 2700 units in the overall area.
All of this information has been given to the School Board staff and they have factored those
figures into their five-year plan. Also, Highlands and Thompson schools are each about 2 miles
from this area.
Gary Wheeler
liked the concept of tying the neighborhood together and questioned
whether there were a way to prevent gated communities.
Director Boling responded that they can have private communities but will connect into the
public system through the north-south street. The roads within the developments will be private
roads and the public will not go through the individual projects.
The Chairman asked if anyone else wished to be heard regarding this matter. There being
none, the Chairman closed the public hearing.
MOTION WAS MADE BY Vice Chairman Neuberger,
SECONDED by Commissioner Macht, to approve
staff’s recommendation.
Vice Chairman Neuberger understood this was just a conceptual approval today, and
Director Boling stated that was correct and that their other plans will have to conform to the
conceptual plan approval.
Commissioner Lowther asked if these terms were binding, and Director Boling responded
that certain parts of it are binding including the north-south street.
MAY 4, 2004 19
Commissioner Macht thought the Board has a tendency to underrate the acumen of staff,
but they always do a good job.
The Chairman called the QUESTION and the motion
carried unanimously. (The Board unanimously granted
special exception use and conceptual PD approval on
the condition that, prior to issuance of a land
development permit, the applicant shall obtain from
Indian River Farms Water Control District the required
th
right-of-way for 25 Street SW, and with the following
conditions: (1) prior to or via the final plat process, the
applicant shall (a) dedicate without compensation 50
th
feet of thoroughfare plan road right-of-way for 25
Street SW; (b) construct or bond-out the required
th
improvements to 25 Street SW; (c) construct or
th
bond-out the 25 Street SW sidewalk; (d) construct or
bond-out the internal sidewalks; and (e) construct or
bond-out the required landscape buffers; (2) prior to
issuance of a certificate of completion for phase one of
the project, the applicant shall: (a) complete the
th
required 25 Street SW improvements; (b) construct all
off-site traffic improvements related to phase one; and
(c) install all perimeter landscape buffers related to
phase one; (3) prior to issuance of a certificate of
completion for phase two of the project, the applicant
shall: (a) construct all off-site traffic improvements
related to phase two; and (b) install all perimeter
MAY 4, 2004 20
landscape buffer related to phase two; and (4) prior to
issuance of a certificate of completion for phase two of
the project, the local north-south road must be
completed and dedicated to the county; all as
recommended by staff in their Memorandum of April
22, 2004.)
The Chairman called a brief recess at 11:03 a.m. and the meeting was reconvened at 11:11
a.m. with the same members present.
(CLERK’S NOTE: Item 5.D. was heard at this time and those minutes are inserted under Item
5.D.)
9.A.3. PUBLIC HEARING – PAUL FREEMAN – CONCEPTUAL PLANNED
DEVELOPMENT SPECIAL EXCEPTION USE APPROVAL FOR A
PROJECT TO BE KNOWN AS HAMMOCK LAKES PHASE 3
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Planning Director Stan Boling presented the project for the Board.
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 Commissioner Lowther,
SECONDED by Commissioner Macht, the Board
unanimously granted conceptual PD special exception
use approval with the following conditions: (1) prior to
issuance of a land development permit the applicant
MAY 4, 2004 21
shall: (a) obtain Planning Staff approval of all
streetlight locations and shielding in accordance with
SR-60 Corridor lighting standards; (b) obtain Planning
Staff approval of all recreation tract playground
improvements; and (c) submit plans for accommodating
stth
1 Street SW and 50 Avenue runoff and obtain
approval from the Public Works Department; (2) prior
to or via the final plat process, the applicant shall: (a)
dedicate without compensation 10 feet of right-of-way
st
for 1 Street SW; (b) dedicate without compensation 25
th
feet of right-of-way for 50 Avenue; (c) construct or
st
bond-out the required improvements to 1 Street SW;
st
(d) construct or bond-out the 1 Street SW sidewalk; (e)
construct or bond-out the internal sidewalks; and (f)
construct or bond-out the required landscape buffers;
and (3) prior to issuance of a certificate of completion
for phase one of the project, the applicant shall (a)
st
construct an eastbound left-turn lane on 1 Street SW at
the project entrance; (b) pay all escrow funds for the
th
improvement of 50 Avenue; (c) install all perimeter
landscape buffers; and (d) install all required recreation
tract playground improvements; all as recommended by
staff.
9.B.1. PUBLIC DISCUSSION ITEM – BRIAN T. HEADY – IMPOSITION OF
IMPACT FEES
MAY 4, 2004 22
Brian T. Heady
, Vero Beach, began his comments with complaints about the imposition
of the 3-minute limit on public comment, and Chairman Ginn requested Mr. Heady to reserve his
comments for impact fee topics.
Mr. Heady was unable or unwilling to restrict his comments, and the Chairman asked the
deputy to remove Mr. Heady from the podium.
NO ACTION REQUIRED OR TAKEN.
9.B.2. PUBLIC DISCUSSION ITEM – FRANK L. ZORC – NOVEMBER 2004
REFERENDUM ON CITIZEN TAXPAYERS INPUT FOR FURTHER
CONTROL OVER COUNTY/CITY GROWTH DEVELOPMENT
th
Frank L. Zorc
, 1695 20 Avenue, read from a prepared statement (COPY ON FILE
WITH THE BACKUP FOR TODAY’S MEETING) regarding his desire for a referendum on
growth issues.
NO ACTION REQUIRED OR TAKEN.
9.B.3. PUBLIC DISCUSSION ITEM– CLIFFORD FERGUSON – CODE
TH
ENFORCEMENT VIOLATION AT 4445 29 AVENUE, GIFFORD
rd
Clifford Ferguson
, 4865 33 Avenue, Gifford, explained that the building in question had
been built in 1975 as a private, 3-bedroom home. It was later changed to a rooming house and he
had notified the County Building Department and an inspector had come to inspect the rooming
house.
Commissioner Neuberger stated that he had met with Mr. Ferguson several times and had
been told that the men who rent the rooms all go out to work and look after the neighborhood. This
has been a rooming house for 30 years with no complaints. The current situation came about
MAY 4, 2004 23
because of a neighbor’s complaint about some old cars. He hoped that the Board would be able to
“grandfather” the use as a rooming house.
Community Development Director Bob Keating explained that the property is zoned
RM-10. Staff has pulled the building permit records and located a note that said the structure was
approved for “single family use only”. Duplexes and multi-family uses are allowed if there is
sufficient lot size but a “rooming house” is not allowed.
Code Enforcement Chief Roland DeBlois stated that all records indicate that this property
was approved for single-family residence only. This is only a 50-foot lot and does not qualify for
duplex use. Unfortunately, there is no way to grandfather the rooming house as it was never a legal
designation. He showed the Building Department records indicating the house was built in 1975
as a 3-bedroom residence. In 1976 a second floor was added but never approved by the Building
Department.
After further discussion, it was determined that the Board was unable to assist Mr.
Ferguson except to advise him that he can legally have 4 unrelated persons living in that residence.
County Attorney Collins advised the Board that Mr. Ferguson can go to court and claim the
benefit of illegal use for 29 years. If the Code Enforcement Board imposes a lien, the Board could
release that lien but that would be undercutting Code Enforcement’s rulings.
Mr. Ferguson thanked the Board for the opportunity to present his case.
NO ACTION REQUIRED OR TAKEN.
9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON
MAY 18, 2004
9.C.1. PHC6¢LOGT(LOGT)
UBLIC EARING TO ONSIDER OCAL PTION AS AX
RDFFY2004-05
EVENUE ISTRIBUTION ORMULA FOR
The Chairman read the notice into the record.
MAY 4, 2004 24
11.A.1. RESOLUTION 2004-047 – REVISIONS TO THE COUNTY
ECONOMIC DEVELOPMENT INCENTIVE OF SHORT-TERM
FINANCING OF IMPACT FEES AND CONNECTION CHARGES
FOR TARGETED INDUSTRIAL DEVELOPMENT AND
AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO
SIGN FINANCING AGREEMENTS (INDIAN RIVER INDUSTRIAL
PARK)
Planning Director Stan Boling stated that staff had found that shorter-term financing for
these items carries no risk to the County since the County must be paid back prior to building and
is a much more effective incentive to development of targeted industries. He then asked for the
expansion of the terms in Paragraph 6 of the Short-Term Financing Agreement to allow more
flexibility.
Commissioner Lowther was uncomfortable with the 0% interest.
Commissioner Macht noted that the organization in question plans to invest 80 million
dollars and will hire 200 or more people. This impacts everything the Board deals with. He stated
that retail establishments collect a profit that usually goes outside the state or the country, while
this project costs the County virtually nothing and will have a tremendous impact on the County’s
ad valorem taxes.
County Attorney Collins asked that Paragraph 7 of the Agreement be deleted to avoid court
cases as there is nothing to indemnify and no need for a “hold harmless” clause.
ON MOTION by Commissioner Macht, SECONDED
by Commissioner Neuberger, the Board, by a 4-1 vote
(Commissioner Lowther opposed) authorized interfund
borrowing from the general fund to the Utilities Impact
MAY 4, 2004 25
Fee Fund and appropriate Traffic Impact Fee Fund for
short-term financing of impact fees and connection
charges for target industries; authorized the deletion of
Paragraph 7 of Exhibit “A”; and adopted Resolution
2004-047 authorizing the Administrator or his designee
to execute agreements for short-term financing for
impact fees and water and sewer capacity and
connection charges with targeted industries on behalf of
the Board of County Commissioners.
11.B.1. RESOLUTION 2004-048 – BELLSOUTH SPECIAL SERVICE
ARRANGEMENT AGREEMENT AND BSFS EQUIPMENT
LEASING (A COMPONENT OF GENERAL ELECTRIC CAPITAL
CORPORATION) LEASE/PURCHASE MAINTENANCE
AGREEMENT TO UPGRADE THE E-911 PUBLIC SAFETY
ANSWERING POINTS
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
approved Alternative No. 1 of staff’s memorandum of
April 22, 2004 (enter into a new lease/purchase and
maintenance agreement with BellSouth for a period of
84 months); authorized the necessary budget
expenditures to pay the one-time charges, the monthly
recurring maintenance fees, and the lease/purchase
payments referenced; authorized staff to sign all
acceptance and necessary documents; and adopted
MAY 4, 2004 26
Resolution 2004-048 approving a Lease/Purchase
Agreement with Bell South Financial Services
Equipment Leasing for lease and purchase of a 911
equipment upgrade and Special Service Arrangement
Agreement.
AGREEMENTSAREONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
11.C.1. JAIL EXPANSION – APPROVE REQUEST FOR
QUALIFICATION FOR DESIGN SERVICES
Commissioner Lowther questioned whether the warehouse area could house some trustees,
and Sheriff Raymond responded that building is not designed to securely house prisoners.
Sheriff Raymond continued that a multi-use facility is needed. If the federal prisoners are
removed today, the jail is still 51 inmates over the 453 maximum. It would, however, not solve the
problem to remove the federal prisoners as they could not be shifted into other available areas.
Chairman Ginn expressed her favor for the Falkenburg jail that was previously toured.
Sheriff Raymond emphasized that the core area will be the biggest expense. He also stated
that, should the State issue an order to reduce the population, the only facility willing to take some
of our inmates would be Monroe County. That would entail a 2 day trip and housing at $85 per day
for each inmate. The federal inmates are bringing $1680 a day into the taxpayers’ pockets.
ON MOTION by Commissioner Macht, SECONDED
by Commissioner Adams, the Board unanimously
approved the Request for Qualifications and authorized
staff to proceed with immediate solicitation of
responses to the request, as recommended by staff.
MAY 4, 2004 27
TH
11.I.1. 26 STREET BRIDGE REPLACEMENT OVER RANGE LINE
TH
CANAL (74 AVENUE) – PROJECT #0378 – CHANGE ORDER #1
FOR SHELTRA & SON CONSTRUCTION COMPANY, INC.
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Lowther, the Board unanimously
approved Change Order No. 1 to the contract with
Sheltra & Son Construction Company, Inc. for a
reduction in contract sum of $9,603 and an increase of
44 days in the time of the contract and authorized the
Chairman to execute the change order, as recommended
by staff.
CHANGEORDERISONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
TH
11.I.2. BID #6028 - 4 STREET WIDENING FROM US#1 TO WEST
OF OLD DIXIE HIGHWAY – TIMOTHY ROSE CONTRACTING
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Lowther, the Board unanimously
authorized the Chairman to execute the Contract
Documents, as recommended by staff.
DOCUMENTSAREONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
MAY 4, 2004 28
11.I.3. RIGHT-OF-WAY PROPERTIES FOR INTERSECTION
RD
IMPROVEMENTS – SR-60 AND 43 AVENUE
rd
Public Works Director Jim Davis stressed that the intersection at 43 Avenue and SR-60 is
th
operating at a Level of Service “D” capacity. The northbound turn lane backs up all the way to 19
Street. The proposal is to expand the intersection with right-turn lanes at all approaches. This will
involve major right-of-way acquisitions.
Bob Johnson
, Coral Wind, felt the proposal should have been presented at a public hearing
rd
and expressed his concern for the businesses located on 43 Avenue near that intersection.
Commissioner Adams also expressed concern about obtaining right-of-way from those
businesses, especially the Mobil station with underground gas tanks.
MOTION was made by Commissioner Neuberger to
approve staff’s recommendation. THE MOTION
DIED for lack of a second.
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Lowther, the Board, by a 4-1 vote
(Commissioner Neuberger opposed) deferred this item
for a period of 30 days and directed staff to bring the
item back with more information.
MAY 4, 2004 29
11.I.4. KITCHING STATION TRAILHEAD – PROJECT #0219 – BID
#5099 – CHANGE ORDER #1, FINAL PAY REQUEST AND
RELEASE OF RETAINAGE – BARTH CONSTRUCTION, INC.
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
approved Change Order No. 1 and the request for final
payment and release of retainage in the amount of
$15,342; as recommended by staff.
DOCUMENTSAREONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
11.I.5. PELICAN ISLAND NATIONAL WILDLIFE REFUGE UPLAND
RESTORATION PHASE 1-A – PROJECT #0386 - BID #6064 –
SITEWERKS, INC. (DEP NATIONAL COASTAL WETLANDS
GRANT)
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
awarded Bid #6064 to Sitewerks, Inc. in the amount of
$491,916.63; approved the attached sample agreement
and authorized the Chairman to execute said agreement
when required performance and payment bonds have
been submitted along with appropriate certification of
insurance and the County Attorney has approved the
MAY 4, 2004 30
agreement as to form and legal sufficiency, as
recommended by staff.
BIDDOCUMENTSAREONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
11.J.1. NEW COUNTY ADMINISTRATION BUILDING - UTILITIES
DEPARTMENT OPERATIONS AND MAINTENANCE FACILITY
AND SITE WORK FOR SUPERVISOR OF ELECTIONS,
BUILDINGS AND GROUNDS AND ANIMAL CONTROL
FACILITIES – UCP-2229 – REVISED WORK ORDER – BROWN
AND CALDWELL
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Lowther, the Board
unanimously authorized design, permitting and bidding
of the Utility Department’s Operation and Maintenance
Facility; approved the revised work order and
addendum to the original work order with Brown and
Caldwell in the amount of $338,000 to design and
manage construction of said facility; and authorized the
Chairman to execute the same, as recommended by
staff.
DOCUMENTSAREONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
MAY 4, 2004 31
11.J.2. WATER PRODUCTION AND PUMPING FACILITIES –
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
(USEPA) EMERGENCY RESPONSE PLAN (ERP) – CAMP DRESSER
MCKEE, INC. (PUBLIC HEALTH SECURITY AND
BIOTERRORISM PREPAREDNESS AND RESPONSE ACT OF 2002)
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Adams, the Board
unanimously approved Work Authorization No. 2 with
CDM Inc. in the amount of $25,400 for assistance in
preparation of an Emergency Response Plan (ERP) for
Indian River County Utilities Services Water
Production & Pumping Facilities, as recommended by
staff.
AUTHORIZATIONISONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
13.D.1. COMMISSIONER THOMAS S. LOWTHER – PUBLICATION
OF AGENDA IN LOCAL NEWSPAPER
Commissioner Lowther asked for a vote on publishing the agenda in the local newspapers.
MOTION was made by Commissioner Lowther,
SECONDED by Chairman Ginn, to resume printing the
Agenda in the newspaper. THE MOTION FAILED by
MAY 4, 2004 32
a 2-3 vote (Commissioners Neuberger, Adams and
Macht opposed).
13.D.2. COMMISSIONER THOMAS S. LOWTHER – NIGHT
RD
MEETING FOR 43 AVENUE PUBLIC HEARING
Commissioner Lowther requested an evening meeting with regard to the proposed
rd
improvements to 43 Avenue and noted that he had received several requests from the public for
a public meeting regarding these improvements.
Discussion ensued and CONSENSUS was reached to hold a Special Meeting at 6:30 p.m.
on Monday, May 17, 2004, in the County Commission Chambers, regarding proposed
rd
improvements to 43 Avenue. Notice of this meeting will be published in the newspaper and
posted on the County’s web site.
13.E.1. COMMISSIONER KENNETH R. MACHT – OUTSOURCING
AND NORTH AMERICAN FREE TRADE AGREEMENT (NAFTRA)
Commissioner Macht deferred this report to a later date as he has received some conflicting
information.
13.E.2. COMMISSIONER KENNETH R. MACHT – LAND
ACQUISITION COMMITTEE – TRUST FOR PUBLIC LAND
OPINION POLL
Commissioner Macht announced that Dr. Baker is here as Chair of the LAAC, as is Mr.
Will Abberger, a representative from the Trust for Public Land. They will present the Trust’s kind
offer to conduct a telephone poll to determine the public’s opinion regarding the new bond issue,
at no charge to the County. They only need permission to do so by letter which the Board can
authorize the Chairman to sign.
MAY 4, 2004 33
Will Abberger
from the Trust for Public Land agreed to share the results and the questions
with the Board.
Chief of Environmental Planning Roland DeBlois stated that the opinion poll will need to
be considered prior to making a final decision about putting the issue on a referendum, which must
be done by the end of June, 2004.
Frank Coffey
, 1500 Admirals Walk, asked for a brief explanation of the “scientific
random sampling” of voters, and Mr. Abberger responded that a computer program selects the
participants based on demographics.
Jim Granse
, 36 Pine Arbor Lane, felt there are too many other very expensive projects
underway in the County to add these purchases. He mentioned road rights-of-way, sidewalks,
bridges, the new administration building, a new library and the beach restoration projects.
ON MOTION by Commissioner Macht, SECONDED
by Commissioner Adams, the Board unanimously
authorized the Trust for Public Land to conduct the
telephone poll, at no cost to the County as presented by
Mr. Abberger, and authorized the Chairman to execute
a letter confirming such authorization.
MAY 4, 2004 34
14.A. EMERGENCY SERVICES DISTRICT
14.A.1. AM–A13,2004
PPROVAL OF INUTES PRIL
14.A.2. T8FE(PM)–P
EN IRE QUIPMENT IERCE ANUFACTURING URCHASE OF
RAPA(LT)–
EPLACEMENT ERIAL LATFORM PPARATUS ADDER RUCK
PLCB#99-150
IGGYBACK AKE OUNTY ID
The Chairman announced that immediately upon adjournment, the Board would reconvene
as the Board of Commissioners of the Emergency Services District. Those Minutes are being
prepared separately and are appended to this document.
14.B. SOLID WASTE DISPOSAL DISTRICT
14.B.1.A. AM–F24,2004
PPROVAL OF INUTES EBRUARY
14.B.1.B. AM–M16,2004
PPROVAL OF INUTES ARCH
14.B.2. B#6052–FRRC–
ID ELLSMERE AND OSELAND ECYCLING ENTERS
L(UD/SWDD
ANDSCAPING TILITIES EPARTMENTOLID ASTE ISPOSAL ISTRICT
D)–N,I.
IVISION ATURELAND NC
The Chairman announced that immediately upon adjournment of the Emergency Services
District Meeting, the Board would reconvene as the Board of Commissioners of the Solid Waste
Disposal District. Those Minutes are being prepared separately and are appended to this
document.
14.C. ENVIRONMENTAL CONTROL BOARD
None.
.
MAY 4, 2004 35
ALLBACKUPDOCUMENTATION,RESOLUTIONS,ANDORDINANCESAREONFILEINTHEOFFICEOF
THECLERKTOTHEBOARDANDAREHEREBYMADEAPARTOFTHESEMINUTES
There being no further business, on Motion duly made, seconded and carried, the Board
adjourned at 12:39 p.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman
Minutes Approved: _________________
BCC/PLJ/2004Minutes
MAY 4, 2004 36