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INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JUNE 21, 2005
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE...................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS ............................................................................................................ 2
5.A.PRESENTATION BY REPRESENTATIVE STAN MAYFIELD –
UPDATE OF PAST LEGISLATIVE SESSION ....................................... 2
5.B.PRESENTATION OF PROCLAMATION DESIGNATION JUNE
20-26, 2005 AS AMATEUR RADIO WEEK ............................................. 3
5.C.PRESENTATION OF PROCLAMATION HONORING
FREDDIE WOOLFORK ............................................................................. 3
6.A.APPROVAL OF MINUTES – REGULAR MEETING OF MAY
10, 2005 ........................................................................................................... 3
June 21, 2005 1
6.B.APPROVAL OF MINUTES – REGULAR MEETING OF MAY
17, 2005 ........................................................................................................... 4
7.CONSENT AGENDA ................................................................................... 4
7.A.R-S.JWCD–RL
EPORT T OHNS ATER ONTROL ISTRICT OBERT INDEY
BS ............................................................4
REELECTED TO THE OARD OF UPERVISORS
7.BAW–J3-9,2005 ..............................................................4
PPROVAL OF ARRANTS UNE
7.C.2525S.LA,VB–LMA
T UCIE VENUE ERO EACH EASE ODIFICATION GREEMENT
FS–TCHSC,I. .....................5
OR PACE REASURE OAST OMELESS ERVICES OUNCIL NC
7.D.VCC–ESPA–
ERO HRISTIAN HURCH XTENSION OF ITE LAN PPROVAL
S,B&S,LLC .......................................................................5
CHULKE ITTLE TODDARD
7.E.CDBG(CDBG)H
OMMUNITY EVELOPMENT LOCK RANT OUSING
RP–TMWP................6
EHABILITATION ROJECT HIRD ODIFICATION TO THE ORK LAN
7.F.R2005-099-PTJP
ESOLUTION UBLIC RANSPORTATION OINT ARTICIPATION
AFDT
GREEMENT WITH THE LORIDA EPARTMENT OF RANSPORATATION
(FDOT) .......................................................................................................................6
7.G.(1)R2005-100–R“OSL”
ESOLUTION ESTORATION AT THE RCA OUTH INK
CA–(2)R2005-101–TR
ONSERVATION REA ESOLUTION REE EPLACEMENT AT
HOCA–R(3)2005-102-
THE ARMONY AKS ONSERVATION REA ESOLUTION
TRWCP–(4)A
REE EPLACEMENT AT THE ABASSO AUSEWAY ARK PPLICATION
DOREHSGFT
FOR MERGENCY URRICANE UPPLEMENTAL RANT UNDS FOR REE
RUR ..............................................................7
EPLACEMENT AND PLAND ESTORATION
7.H.SD,I.–FPAS
UNLAND EVELOPMENT NC INAL LAT PPROVAL FOR A UBDIVISION
KLPPI–C
TO BE NOWN AS EXINGTON LACE HASE ONTRACT FOR
CRI–C
ONSTRUCTION OF EQUIRED MPROVEMENTS ONTRACT FOR
CRSI .......................................8
ONSTRUCTION OF EQUIRED IDEWALK MPROVEMENTS
7.I.SCC–NCAC
EASONAL ONCESSION ONTRACT ORTH OUNTY QUATIC ENTER TO
TIP–CPRFP#7063(RD) .......9
EAM ONCESSION ROPOSAL ECREATION EPARTMENT
7.J.NCA
EGOTIATION TO ENTER INTO A ONTRACT GREEMENT WITH
IGM(IMG)–GCG
NTERNATIONAL OLF AINTENANCE OLF OURSE ROUNDS AND
MA ................................................................................... 10
AINTENANCE GREEMENT
June 21, 2005 2
7.K.EBMJAG(JAG)–F
DWARD YRNE EMORIAL USTICE SSISTANCE RANT EDERAL
FY2005(SAC) ................................................ 11
ISCAL EAR UBSTANCE BUSE OUNCIL
7.L.R2005-103–MBA015 .................. 11
ESOLUTION ICELLANEOUS UDGET MENDMENT
7.M.R2005-104–FDOTSUI
ESOLUTION UBORDINATION OF TILITY NTERESTS IN
ESUSH1(P105305,SR5) .. 11
ASEMENTS FOR A EGMENT OF IGHWAY ARCELS AND
7.N.RD,SDGK,I.-OV
EIMBURSEMENT TO EVELOPER INGS NC AKS OF ERO
SDAC-
UBDIVISION EVELOPERS GREEMENT FOR ONSTRUCTION OFFSITE
SSFM(S,B&S,LLC) .............. 12
ANITARY EWER ORCE AIN CHULKE ITTLE TODDARD
8.SHERIFF ROY RAYMOND – LAW ENFORCEMENT TRUST
FUND TO BE USED TO SUPPORT THE DRUG ABUSE
RESISTANCE EDUCATION PROGRAM (DARE) AND THE
FLORIDA MISSING CHILDREN’S DAY CEREMONY .................... 13
9.A.1.RESOLUTION 2005-105 - VERO LAKE ESTATES –
NDRD
ABANADON SEGMENTS OF 102 COURT, 103 AVENUE,
RDTHTH
103 COURT, 106 COURT, AND 107 AVENUE LYING
TH
SOUTH OF CR 512 AND NORTH OF 94 STREET – RO-ED
CORPORATION (LEGISLATIVE)......................................................... 13
9.A.2.“ANSIN TRACT – ST. SEBASTIAN RIVER BUFFER” SITE
UNDER THE COUNTY ENVIRONMENTAL LANDS
PROGRAM - OPTION AGREEMENT FOR SALE AND
PURCHASE (LEGISLATIVE) ................................................................. 15
9.A.3.PUBLIC HEARING – ORDINANCE 2005-022 – LOST TREE
VILLAGE CORPORATION – REZONE APPROXIMATELY
214.64 ACRES FROM RS-3 (RESIDENTIAL SINGLE-FAMILY)
AND IL (LIGHT INDUSTRIAL) TO PD (PLANNED
DEVELOPMENT) – CONCEPTUAL AND PRELIMINARY
June 21, 2005 3
PLAN FOR A DEVELOPMENT TO BE KNOWN AS LOST
TREE PRESERVE (LEGISLATIVE) ...................................................... 17
9.B.1.PUBLIC DISCUSSION ITEM – CYMANTHA BRYCE,
COUNSELING RECOVERY CENTER, INC. – CLIENT
CHOICE PROGRAM ................................................................................ 23
9.C.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON JULY 12, 2005 .................................................................. 23
9.C.1.CHSPWS–6PW
TH
ARLL EIGHTS UBDIVISION ETITION ATER ERVICE LACE EST
27AIRCPN.UPC-2448 ....................... 23
TH
OF VENUE NDIAN IVER OUNTY ROJECT O
11.A.1.COMMUNITY DEVELOPMENT – VERO GROVE
TOWNHOMES, LLC’S APPEAL OF A PLANNING AND
ZONING COMMISSION DECISION TO DENY A MAJOR SITE
PLAN APPLICATION TO CONSTRUCT A MULTI-FAMILY
RESIDENTIAL DEVELOPMENT TO BE KNOWN AS VERO
GROVE TOWNHOMES ........................................................................... 24
11.A.2.COMMUNITY DEVELOPMENT – RESOLUTION 2005-106 -
LOCAL HURRICANE HOUSING PLAN – REVIEW AND
CONSIDERATION - FY 2005-006, 2005-007, AND 2005-008. ............. 25
11.I.1.PUBLIC WORKS – CR 512 CORRIDOR IMPROVEMENTS –
RIGHT-OF-WAY ACQUISITION AGREEMENT – RO-ED
CORPORATION AND EDMUND N. ANSIN (PROJECT NO.
9611) .............................................................................................................. 26
11.I.2.PUBLIC WORKS – CR 512 CORRIDOR IMPROVEMENTS –
PROFESSIONAL ENGINEERING SERVICES AGREEMENT –
June 21, 2005 4
ADDENDUM NO. 8 – MASTELLER & MOLER, INC.
(PROJECT NO. 9611)................................................................................. 26
11.I.3.PUBLIC WORKS – ORCHID LANDING, LLC AND WCI
COMMUNITIES, INC. – CR 510 WIDENING AND CR 510/US1
INTERSECTION IMPROVEMENTS – DEVELOPERS
AGREEMENT ............................................................................................. 27
11.J.1.MADERA ISLES AND ECHO LAKES SUBDIVISION –
DEVELOPERS AGREEMENT – VERO ENTERPRISES LLC –
CONNECTING TO THE COUNTY WATER SYSTEM
TH
LOCATED AT THE INTERSECTION OF 13 STREET SW
RD
AND 43 AVENUE .................................................................................... 28
11.J.2.20” DIAMETER MASTER PLANNED FORCE MAIN –
CONTINUING CONSULTING SERVICES WORK ORDER NO.
10 – KIMLEY HORN AND ASSOCIATES, INC. – DESIGN AND
THTH
CONSTRUCTION SERVICES – 8 STREET FROM 58
TH
AVENUE TO 74 AVENUE (UOC 2635) .............................................. 28
11.J.3.SOUTH REGIONAL RO PLANT – KIMLEY HORN AND
ASSOCIATES, INC. – OPERATING AND MAINTENANCE
SYSTEMS EVALUATION – WORK ORDER NO. 5 ........................... 29
13.E.COMMISSIONER GARY C. WHEELER – RECOGNITION OF
COMMITTEE VOLUNTEERS – ANNUAL APPRECIATION
BANQUET ................................................................................................... 30
14.A.EMERGENCY SERVICES DISTRICT - NONE ................................... 30
June 21, 2005 5
14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 30
14.B.1.AMMM24,2005 .................................... 30
PPROVAL OF INUTES OF EETING OF AY
14.B.2.GS–WAN.2–DP
EOYNTEC ORK UTHORIZATION O ESIGN AND ERMITTING OF
VE–CIL ............................................................ 30
ERTICAL XPANSION LASS ANDFILL
14.B.3.WMP–PC
ASTE ANAGEMENT ROPOSAL LACEMENT OF ONSTRUCTION AND
DD(C&D)SS1L .............. 31
EMOLITION EBRIS ON THE LOPES OF EGMENT ANDFILL
14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 31
June 21, 2005 6
June 21, 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, June 21, 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 Dawn Lawton, Christ by the Sea United Methodist Church, delivered the
Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Wesley S. Davis led the Pledge of Allegiance to the Flag.
June 21, 2005 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Lowther requested the following changes to today’s Agenda:
Item: Action: Description:
9.A.3. Additional Backup Letter from Suzanne Laster dated June 20, 2005
11.I.1 Move To follow Public Hearing 9.A.2
11.I.2. Move To follow Public Hearing 9.A.2.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously made
the above changes to the Agenda.
5.A. PRESENTATION BY REPRESENTATIVE STAN MAYFIELD
– UPDATE OF PAST LEGISLATIVE SESSION
Stan Mayfield
Representative gave a brief update of the past Legislative Session
that included:
Florida is creating jobs faster than any other state in the union.
14 million dollars was spread across the state to go toward housing
recovery.
Indian River County schools received about $80,000 in hurricane recovery
money.
Almost 75 million dollars statewide went to beach renourishment.
Medicaid is consuming the largest segment of the budget.
About 60 million went statewide to Citrus Canker eradication.
June 21, 2005 2
Commissioner Wheeler updated Representative Mayfield as to Indian River
County’s efforts toward presenting a bill and resolutions to the Legislature to help protect the
County’s Urban Service Area (USA), asking for a Special Act of the Legislature that would
apply only to Indian River County requiring a binding referendum by the voters of this County to
make changes
Mayfield
Representative felt those types of decisions are usually better left up to
local government but he will keep an open mind.
Renee Renzi,
Waverly Place, questioned Representative Mayfield about what
steps the State could take in solving the affordable housing problem in Indian River County.
Mayfield
Representative stated that possibly exempting impact fees for affordable
housing could help the problem.
5.B. PRESENTATION OF PROCLAMATION DESIGNATING
JUNE 20-26, 2005 AS AMATEUR RADIO WEEK
Vice Chairman Neuberger read and presented the proclamation to Mark Tamblin.
5.C. PRESENTATION OF PROCLAMATION HONORING
FREDDIE WOOLFORK
Chairman Lowther read and Roger Ball presented the proclamation to Freddie
Woolfork.
6.A. APPROVAL OF MINUTES – REGULAR MEETING OF MAY
10, 2005
June 21, 2005 3
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of May 10, 2005. There were none.
ON MOTION by Commissioner Bowden, SECONDED
by Vice Chairman Neuberger, the Board unanimously
approved the Minutes of the Regular Meeting of May
10, 2005, as written and distributed.
6.B. APPROVAL OF MINUTES – REGULAR MEETING OF MAY
17, 2005
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of May 17, 2005. There were none.
ON MOTION by Commissioner Bowden, SECONDED
by Vice Chairman Neuberger, the Board unanimously
approved the Minutes of the Regular Meeting of May
17, 2005, as written and distributed.
7. CONSENT AGENDA
Item 7.H. was pulled from the Consent agenda.
7.A. R-S.JWCD–R
EPORT T OHNS ATER ONTROL ISTRICT OBERT
LBS
INDEY REELECTED TO THE OARD OF UPERVISORS
The report has been received and is on file in the office of the Clerk to the Board.
7.B AW–J3-9,2005
PPROVAL OF ARRANTS UNE
June 21, 2005 4
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved the list of Warrants as issued by the Clerk to
the Board for June 3-9, 2005, as requested.
7.C. 2525S.LA,VB–LM
T UCIE VENUE ERO EACH EASE ODIFICATION
AFS–TCHS
GREEMENT OR PACE REASURE OAST OMELESS ERVICES
C,I.
OUNCIL NC
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved the Lease Modification Agreement and
authorized the Chairman to execute said agreement, as
recommended in the memorandum of June 14, 2005.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.D. VCC–ESPA
ERO HRISTIAN HURCH XTENSION OF ITE LAN PPROVAL
–S,B&S,LLC
CHULKE ITTLE TODDARD
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved a one-year extension of the major site plan and
special exception use application approval for Vero
Christian Church, with all original approval conditions
to remain in effect. The new site plan approval
June 21, 2005 5
expiration date will be May 18, 2006, as recommended
in the memorandum of June 15, 2005.
7.E. CDBG(CDBG)H
OMMUNITY EVELOPMENT LOCK RANT OUSING
RP–TMW
EHABILITATION ROJECT HIRD ODIFICATION TO THE ORK
P–FFE,I.–GA
LAN RED OX NTERPRISES NC IFFORD REA
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved the revised project work plan, which will
extend the deadline for the CDBG Housing
Rehabilitation Project from July 28, 2005 to January 28,
2006, and authorized the Chairman to sign the
modification form, as recommended in the memorandum
of June 10, 2005.
WORKPLAN IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.F. R2005-099-PTJ
ESOLUTION UBLIC RANSPORTATION OINT
PAFD
ARTICIPATION GREEMENT WITH THE LORIDA EPARTMENT OF
T(FDOT)
RANSPORTATION
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved the Joint Participation Agreement, as
recommended in the memorandum of June 8, 2005, and
June 21, 2005 6
adopted Resolution 2005-099 authorizing the execution
of a Joint Participation Agreement with the Florida
Department of Transportation..
COPY OF AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.G. (1)R2005-100–R“OS
ESOLUTION ESTORATION AT THE RCA OUTH
L”CA–(2)R2005-101–T
INK ONSERVATION REA ESOLUTION REE
RHOCA–
EPLACEMENT AT THE ARMONY AKS ONSERVATION REA
(3)R2005-102-TRW
ESOLUTION REE EPLACEMENT AT THE ABASSO
CP–(4)ADORE
AUSEWAY ARK PPLICATION FOR MERGENCY
HSGFT
URRICANE UPPLEMENTAL RANT UNDS FOR REE
RUR(SD
EPLACEMENT AND PLAND ESTORATION TATE IVISION OF
F)
ORESTRY
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
adopted Resolution 2005-100 to enter into a Urban and
Community Forestry Grant Memorandum of Agreement
with the State of Florida, Department of Agriculture and
Consumer Services, Division of Forestry for Restoration
at the “Orca South Link” Conservation Area.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
adopted Resolution 2005-101 to enter into an Urban and
June 21, 2005 7
Community Forestry Grant Memorandum of Agreement
with the State of Florida, Department of Agriculture and
Consumer Services, Division of Forestry for Tree
Replacement at the Harmony Oaks Conservation Area.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
adopted Resolution 2005-102 to enter into an Urban and
Community Forestry Grant Memorandum of Agreement
with the State of Florida, Department of Agriculture and
Consumer Services, Division of Forestry for Tree
Replacement at the Wabasso Causeway Park.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
authorized staff to apply for DOF Emergency Hurricane
supplemental grant funds, as recommended in the
memorandum of June 14, 2005.
GRANT APPLICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.H. SD,I.–FPA
UNLAND EVELOPMENT NC INAL LAT PPROVAL FOR A
SKLPPI–
UBDIVISION TO BE NOWN AS EXINGTON LACE HASE
CCRI–
ONTRACT FOR ONSTRUCTION OF EQUIRED MPROVEMENTS
CCRS
ONTRACT FOR ONSTRUCTION OF EQUIRED IDEWALK
I
MPROVEMENTS
June 21, 2005 8
Chairman Lowther asked if this was the same company and developer that owns
the Preserve.
Peter Raquen,
Sunland Development, Inc., explained that Sunland Development
is not affiliated and has no interest in the Preserve.
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Neuberger, the Board unanimously
granted final plat approval for Lexington Place Phase I,
authorized the Chairman to execute the Contract for
Construction of remaining required improvements,
Contract for Construction of Required Sidewalk
Improvements, and accepted the security arrangement
prior to recordation of the plat, as recommended in the
memorandum of June 13, 2005.
CONTRACTS WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
7.I. SCC–NCA
EASONAL ONCESSION ONTRACT ORTH OUNTY QUATIC
CTIP–CPRFP#7063
ENTER TO EAM ONCESSION ROPOSAL
(RD)
ECREATION EPARTMENT
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
awarded the seasonal concession contract for the North
June 21, 2005 9
County Aquatic Center to Team IP and authorized the
County Administrator or his designee to execute the
contract when the required insurance certificate has been
received and the County Attorney has approved the
contract as to form and legal sufficiency, as
recommended in the memorandum of May 20, 2005.
AGREEMENT WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
7.J. NCA
EGOTIATION TO ENTER INTO A ONTRACT GREEMENT WITH
IGM(IMG)–GC
NTERNATIONAL OLF AINTENANCE OLF OURSE
GMA(SG
ROUNDS AND AINTENANCE GREEMENT ANDRIDGE OLF
C)
LUB
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
authorized staff to commence negotiation and to enter
into a contract agreement with International Golf
Maintenance (IGM). The new contract period will be for
five (5) years with two five-year options. The final
contract will be brought back to the Board at a later date
for the Chairman’s signature, as recommended in the
memorandum of June 1, 2005.
June 21, 2005 10
7.K. S-EBMJA
HERIFF DWARD YRNE EMORIAL USTICE SSISTANCE
G(JAG)–FFY2005(SA
RANT EDERAL ISCAL EAR UBSTANCE BUSE
C)
OUNCIL
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved the Substance Abuse Council’s
recommendations and authorized the Chairman to sign
the grant applications and other necessary related
documents for submittal to the state prior to the deadline
of Friday, July 1, 2005, as recommended in the
memorandum of June 14, 2005.
COPY OF APPLICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.L. R2005-103–MBA
ESOLUTION ISCELLANEOUS UDGET MENDMENT
015
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
adopted Resolution 2005-103 amending the fiscal year
2004-2005 Budget.
7.M. R2005-104–FDOTSU
ESOLUTION UBORDINATION OF TILITY
IESUSH1
NTERESTS IN ASEMENTS FOR A EGMENT OF IGHWAY
(P105805,SR5)
ARCELS AND
June 21, 2005 11
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved the execution by the Chairman of both
Subordinations of County Utility Interests (parcels 105
and 805) and adopted Resolution 2005-104 authorizing
the Department of Utility Services to Subordinate Utility
Interests for a Segment of US Highway 1.
SUBORDINATIONS OF UTILITY INTEREST WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
7.N. RD,SDGK,I.-O
EIMBURSEMENT TO EVELOPER INGS NC AKS OF
VSDA
ERO UBDIVISION EVELOPERS GREEMENT FOR
C-SSFM
ONSTRUCTION OF OFFSITE ANITARY EWER ORCE AIN
(S,B&S,LLC)
CHULKE ITTLE TODDARD
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved the County’s share for the actual cost of off-
site improvements in an amount of $35,903.39, and
authorized the Finance Office to issue a check to SDG
Kings, Inc., as recommended in the memorandum of
May 26, 2005.
June 21, 2005 12
AGREEMENT WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
8. SHERIFF ROY RAYMOND – LAW ENFORCEMENT TRUST
FUND TO BE USED TO SUPPORT THE DRUG ABUSE
RESISTANCE EDUCATION PROGRAM (DARE) AND THE
FLORIDA MISSING CHILDREN’S DAY CEREMONY
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously
approved $4,825.68 from the Law Enforcement Trust
Fund to be used to support the DARE program and the
Florida Missing Children’s Day ceremony ($3,825.68 to
go to the DARE program to purchase program materials
and $1,000.00 to support the annual Florida Missing
Children’s Day ceremony), as recommended in the
memorandum of June 10, 2005.
9.A.1. RESOLUTION 2005-105 - VERO LAKE ESTATES –
NDRD
ABANDON SEGMENTS OF 102 COURT, 103 AVENUE,
RDTHTH
103 COURT, 106 COURT, AND 107 AVENUE LYING
TH
SOUTH OF CR 512 AND NORTH OF 94 STREET – RO-ED
CORPORATION (CR 512 IMPROVEMENT PROJECT)
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
June 21, 2005 13
OFFICE OF THE CLERK TO THE BOARD
(CLERKS NOTE: See also items 9.A.2., 11.I.1., and 11.I.2.)
Planning Director Stan Boling explained that items 9.A.1, 9.A.2., 11.I.1, and
11.I.2. all need to be approved for the CR 512 project to work. Director Boling used the Elmo to
illustrate the CR 512 project relating to this abandonment, the location of the abandonments,
what they are currently zoned, the owner of the current rights-of-way, and the conditions and
agreements attached to the abandonment.
Commissioner Davis felt there is a desperate need for a light on CR 512. It would
allow traffic to flow that comes in and out of the industrial section to the North, as well as
allowing residential traffic to make a westbound turn coming north, heading to I-95. He proposed
nd
moving 102 Terrace to connect with 101st Court and a light at that intersection.
nd
Traffic Engineer Chris Mora clarified that the current proposal is to take 102
rdrdst
Avenue down to 93 and bring 93 over to 101 Court.
Commissioner Davis would like to see staff address the issue after approval.
Commissioner Wheeler suggested staff come back to the Board with the pros and
cons on the currently proposed project as well as Commissioner Davis’ project.
Public Works Director Jim Davis explained that the piece of property is part of the
Buffer Preserve and DEP has jurisdiction on that property, but he believed Commissioner Davis’
option is viable.
The Chairman opened the public hearing.
June 21, 2005 14
Brian Heady
, Vero Beach, asked that Commissioner Davis’ recommendation be
added to the approval.
Commissioner Davis stated that the contract would have to be completely
renegotiated in order to add his recommendation at this time.
Assistant County Attorney Bill DeBraal confirmed his office has spoken with the
attorneys of Ansin and Ro-Ed Corporation and they want to approve the current agreement
without renegotiation, addressing the issue regarding the light at a later date.
Bob Johnson
, Coral Wind Subdivision, recommended tabling the item and letting
staff continue to negotiate the agreement.
The Chairman closed the public hearing.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
adopted Resolution 2005-105 providing for the closing,
abandonment, vacation and discontinuance of all
ndrdrdth
segments 102 Court, 103 Avenue, 103 Court, 106
th
Court, and 107 Avenue, lying South of CR512 and
th
North of 94 Street as recorded in Plat Book 6, Pages 4
and Page 31, of the Public Records of Indian River
County, Florida.
9.A.2. “ANSIN TRACT – ST. SEBASTIAN RIVER BUFFER” SITE
UNDER THE COUNTY ENVIRONMENTAL LANDS
June 21, 2005 15
PROGRAM - OPTION AGREEMENT FOR SALE AND
PURCHASE (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
(CLERK’S NOTE: See Also Item 9.A.1.)
Chief of Environmental Planning Roland DeBlois used the Elmo to illustrate the
location of the property and the size of the property, the property is a significant environmental
purchase, and he demonstrated how this property will relate to the CR512 project.
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
approved the Ansin Tract option contract, contingent
upon the Board approving the related purchase
agreement with the Ansins for the overall CR 512
improvement project, and authorized staff to close the
(environmental tract) purchase in coordination with the
Florida Communities Trust as a 50% cost-share partner,
as recommended in the memorandum of June 14, 2005.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
June 21, 2005 16
9.A.3. PUBLIC HEARING – ORDINANCE 2005-022 – LOST TREE
VILLAGE CORPORATION – REZONE APPROXIMATELY
214.64 ACRES FROM RS-3 (RESIDENTIAL SINGLE-FAMILY)
AND IL (LIGHT INDUSTRIAL) TO PD (PLANNED
DEVELOPMENT) – CONCEPTUAL AND PRELIMINARY
PLAN FOR A DEVELOPMENT TO BE KNOWN AS LOST
TREE PRESERVE (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Planning Director Stan Boling used the Elmo to illustrate the location of the
subject site, the land use designations, the surrounding area’s land use designation,
environmental characteristics, and the history of the site. He explained there are two ways the
site can be developed; conventional subdivision development up to 3.85 units per acre or a PD
(Planned Development). Director Boling stated this proposal is for a Planned Development. He
disclosed the improvements required for approval, traffic impact, buffers, stormwater tracts,
pedestrian trails, setbacks, public benefits, and open space related to the subject site. He
mentioned that the Planning and Zoning Commission (P&Z) reviewed the project in May and
gave it a three to three vote; therefore, no recommendation for approval came from P&Z.
The Chairman opened the public hearing.
Russ Burk
, a planner with Lost Tree Village Corporation, introduced Doug Smith
from EDSA (a consultant that helped prepare the plan).
Doug Smith
, EDSA, Fort Lauderdale, used a PowerPoint presentation (copy on
file) to illustrate the size of the property, the main access to the property (Kings Highway), the
areas adjacent to the property, the overview and site analysis, and the points EDSA used to come
up with the plan. He compared the number of units that could be placed on the property
June 21, 2005 17
according to the Comprehensive Plan to what is being proposed. He addressed the amount of
green space projected, the amount of property being preserved, the proposed buffers, stormwater
management areas, vehicular connections, right-of-way donations, and gave the total unit count.
th
Billie Wagner
, 2225 20 Avenue, stated that Lost Tree should not be planning
homes on land that has not yet been permitted to fill and felt the best thing to do with this land is
leave it “as is”.
th
Sarah Hansen
, 69 Street, was concerned with the sandridge and would like to
see less density in that area.
Brian Heady
, Vero Beach, clarified that rezoning is not a right and that fifty
percent of legal opinions that end up in court lose.
Bob Johnson
, Coral Wind Subdivision, recommended allowing 75 foot lots and
eliminating the provision for townhomes.
Bill Cur
, Environmental Consultant for Lost Tree, felt that this project has given
more to the nature of the site than almost any other project he has been involved in. He explained
the other means of permitting needed to develop the site. The buffers are large enough for
wildlife corridors and they will be removing the exotic vegetation. He described the scrub jay
habitat, referenced studies done on scrub jays, and disclosed the scrub jay mitigation outside of
the County.
th
Roger Smith
, 3505 65 Street, explained he owns 6 acres of industrial zoned land
and a business (Airlight Processing Corporation) immediately south of the project. He was
concerned that people who move to the development will not like the looks of his property and
hours of operation.
June 21, 2005 18
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Jens Tripson
, 2525 14 Street, Pelican Island Audubon Society, felt it should be
taken into account that this is one of the last recharge areas in Indian River County.
st
Tom Council
, 6845 61 Avenue, felt sandy soil will not hold water very well.
David Cox
, Perriwinkle Drive, asked how water is to be retained in the lakes and
whether the lakes will be lined. He felt the County could come up with an improved design for
this project.
Rick Melchiori
, Project Engineer, Lost Tree Village, stated the location of the
lakes are on the lower end of the portion and they have dug ground water borings in those areas
to determine what the existing ground water levels are and they are not proposed to be lined at
this point.
Discussion ensued on groundwater, the lakes on the property, concerns regarding
the aquifer, and wetlands impact.
Donna Keys
, Chairman of the Planning and Zoning Commission questioned
moving the density of a portion of the project that people are concerned with.
David Cox
explained the only way to have more preserved space is to increase the
density somewhere else.
Discussion ensued on the northeast corner of the property, working out mitigation
with St. Johns River Water Management District, exotic vegetation, stormwater run-off,
percolation, and the sandridge.
June 21, 2005 19
Commissioner Bowden asked whether Lost Tree was going to build the homes or
sell off the lots to someone else to build the homes.
Chuck Byrum
, President of Lost Tree Village Corporation, explained that Lost
Tree does not have their own construction company but their practice has been to hire local
builders to develop the land.
Commissioner Wheeler asked if there will be any two-story homes on the property
and whether they would be able to place a grid type subdivision with the restrictions on the
property.
Mr. Byrum
clarified that Lost Tree is unable at the moment to commit to one-
story homes.
Director Boling explained it is difficult to know all of the parameters for
permitting and under a conventional subdivision more density would be allowed.
Mr. Byrum
Discussion ensued on traffic issues and from Lost Tree explained
there will be less traffic than their study predicted.
Donna Keys
pointed out that not all open space is necessarily green space and
asked if Lost Tree could use an impervious surface for roads and driveways.
Bill Cur
explained that 56 percent of the project is all green space and that does
not include yards, swimming pools, and sidewalks.
th
Raymond Stevenson
, 4290 69 Street, asked that this item get tabled until we get
the reports from all of the environmental agencies.
June 21, 2005 20
Chairman Lowther explained that Lost Tree has to obtain a lot of permits from
other agencies, even if the Board approves the project, to be able to move forward.
Commissioner Wheeler understood that there is a life expectancy of 3 years on
Planned Developments (PDs).
Director Boling clarified that the Board can individually place timeframes on PDs
but that is not currently in the PD ordinance.
The Chairman closed the public hearing.
Discussion ensued on the interconnectivity of the project.
Commissioner Wheeler wanted to see interconnectivity on the project and a time
frame placed on the PD, while Commissioner Davis also wanted to see interconnectivity on the
project.
ON MOTION by Vice Chairman Neuberger,
SECONDED by Chairman Lowther, the Board
unanimously approved (by a 3-2, vote Commissioners
Davis and Wheeler apposed) the preliminary PD plan,
the conceptual PD plan, and the rezoning to PD
residential, with the following conditions:
1.
That prior to issuance of an LDP, the applicant shall:
June 21, 2005 21
a.
Obtain clearance letters from the U. S. Fish
and Wildlife Service and the Florida Fish and
Wildlife Conservation Commission.
b.
Obtain a county wetlands resource permit and
a permit from the St. Johns River Water Management
District for wetland impacts.
c.
Obtain approval of a developer’s agreement
for the 58thAvenue/45th Street intersection
improvements.
2.
That prior to the issuance of a certificate of
completion, the applicant shall:
a.
Complete all related off-site traffic
improvements and have the improvements approved
by Public Works.
b
. Complete all required buffers for the
respective phases and have the buffer planting
approved by the county.
3.
That prior to or via the final plat(s), the applicant
shall:
a.
Establish the wetland and upland conservation
easements.
b
. Dedicate without compensation the right-of-
way for 65thStreet and 69th Street.
4.
Prior to the issuance of 313 C.O’s, the recreation
improvements must be complete, and adopted
Ordinance 2005-022 amending the Zoning Ordinance
and the accompanying Zoning Map from RS-3,
June 21, 2005 22
Residential Single-Family (up to 3 units/acre), and IL,
Light Industrial, to PD Residential for approximately
214.64 acres of land generally located on the North
thth
side of 65 Street and the South side of 69 Street,
th
just west of the FEC Railroad at 4250 65 Street and
described herein.
9.B.1. PUBLIC DISCUSSION ITEM – CYMANTHA BRYCE,
COUNSELING RECOVERY CENTER, INC. – CLIENT
CHOICE PROGRAM
(CLERK’S NOTE: Cymantha Bryce was not present. The Chairman allowed Brian
Heady to speak regarding affordable housing under this item.)
Brian Heady
, Vero Beach, felt the State Representative had no interest in citizens
voting on major issues. He believed that “living wage” jobs would help the affordable housing
issue.
9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON JULY 12, 2005
9.C.1.CHSPWS–6
TH
ARLL EIGHTS UBDIVISION ETITION ATER ERVICE
PW27AIRCP
TH
LACE EST OF VENUE NDIAN IVER OUNTY ROJECT
N.UPC-2448
O
Kim Massung read the notices into the record.
June 21, 2005 23
11.A.1. COMMUNITY DEVELOPMENT – VERO GROVE
TOWNHOMES, LLC’S APPEAL OF A PLANNING AND
ZONING COMMISSION DECISION TO DENY A MAJOR
SITE PLAN APPLICATION TO CONSTRUCT A MULTI-
FAMILY RESIDENTIAL DEVELOPMENT TO BE KNOWN
AS VERO GROVE TOWNHOMES
Planning Director Stan Boling used the Elmo to illustrate the subject site, including
the location, zoning, areas surrounding the site, the zoning districts around the site, the density,
the buffers, a traffic analysis, corridor requirements, and the history of the site.
Director Boling went over staffs’ analysis for reviewing the P&Z decision. He
explained that P&Z failed to consider adequately the effects of the proposed development upon
surrounding properties, traffic circulation or public health, safety and welfare, and failed to
evaluate the application with respect to the Comprehensive Plan and Land Development
Regulations of Indian River County.
Discussion ensued on the rights-of-way and the project’s, possible connection to
th
26 Street.
ON MOTION by Commissioner Davis, SECONDED by
Chairman Lowther, the Board unanimously made a
finding that the Planning and Zoning Commission did
fail in two of the four appeal review areas and
overturned the Planning and Zoning Commission’s
decision to deny the major site plan application and
approved the application with the conditions
recommended by staff in its report to the Planning and
June 21, 2005 24
Zoning Commission, as recommended in the
memorandum of June 14, 2005.
11.A.2. COMMUNITY DEVELOPMENT – RESOLUTION 2005-106 -
LOCAL HURRICANE HOUSING PLAN – REVIEW AND
CONSIDERATION - FY 2005-006, 2006-007, AND 2007-008.
Community Development Director Bob Keating explained the State is going to
provide the County with a little over fourteen and a half million dollars for affordable housing
activities. He revealed how the monies will be split, the emergency rules of the program, the
strategies that will be used to allocate the monies, and how this plan relates to the County’s SHIP
program.
ON MOTION by Vice Chairman Neuberger,
SECONDED by Chairman Lowther, the Board
unanimously directed staff to submit two copies of the
plan and resolution to the Florid \\a Housing Finance
Corporation for its review and also directed staff to
request that the Hurricane Housing Recovery 65%
homeownership requirement be reduced to 40% to allow
the County to use more funds on affordable rental
housing projects; and adopted Resolution 2005-106
approving the Count’s Local Hurricane Housing
Recovery Plan for FY 2005-06, 2006-07, and 2007-08.
CERTIFICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
June 21, 2005 25
11.I.1. PUBLIC WORKS – CR 512 CORRIDOR IMPROVEMENTS –
RIGHT-OF-WAY ACQUISITION AGREEMENT – RO-ED
CORPORATION AND EDMUND N. ANSIN (PROJECT NO.
9611)
(CLERK’S NOTE: See Also Item 9.A.1.)
Director Jim Davis explained this item is to acquire the right-of-way needed for the
road improvements in four laning CR 512, the previous phases of the project, the location of the
acquisition, the amount of land proposed to acquire, the compensation per acre, and that the
compensation will not be by cash, but by traffic impact fee credits.
Discussion ensued and it was determined that the traffic impact fee credits would
have to be used within the same district.
ON MOTION by Commissioner Davis, SECONDED by
Chairman Lowther, the Board unanimously approved the
Agreement (purchase) and authorized the Chairman to
execute the agreement, as recommended in the
memorandum of June 14, 2005.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.2. PUBLIC WORKS – CR 512 CORRIDOR IMPROVEMENTS –
PROFESSIONAL ENGINEERING SERVICES AGREEMENT –
June 21, 2005 26
ADDENDUM NO. 8 – MASTELLER & MOLER, INC.
(PROJECT NO. 9611)
(CLERK’S NOTE: See Also Item 9.A.1.)
Community Development Director Jim Davis explained the project is for
redesigning and moving CR 512 to the south. Once Masteller and Moler, Inc. is finished with the
design the County can start taking bids on the work.
ON MOTION by Vice Chairman Neuberger,
SECONDED by Commissioner Bowden, the Board
unanimously approved Addendum No. 8 for a lump sum
cost of $194,745.00, as recommended in the
memorandum of May 17, 2005.
ADDENDUM IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
(CLERK’S NOTE: The Chairman called a short recess at 10:19 a.m. and the
meeting was reconvened at 10:27 a.m. with all members present.)
11.I.3. PUBLIC WORKS – ORCHID LANDING, LLC AND WCI
COMMUNITIES, INC. – CR 510 WIDENING AND CR 510/US1
INTERSECTION IMPROVEMENTS – DEVELOPERS
AGREEMENT
ON MOTION by Vice Chairman Neuberger,
SECONDED by Commissioner Davis, the Board
June 21, 2005 27
unanimously approved the agreement and authorized the
Chairman to execute, as recommended in the
memorandum of June 15, 2005.
DEVELOPERS AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.1. MADERA ISLES AND ECHO LAKES SUBDIVISION –
DEVELOPERS AGREEMENT – VERO ENTERPRISES LLC –
CONNECTING TO THE COUNTY WATER SYSTEM
TH
LOCATED AT THE INTERSECTION OF 13 STREET SW
RD
AND 43 AVENUE
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved the Developers Agreement and authorized the
utilities department to recover capacity charges and line
extension fees from future development, and authorized
the Chairman to execute the agreement, as
recommended in the memorandum of May 31, 2005.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.2. 20” DIAMETER MASTER PLANNED FORCE MAIN –
CONTINUING CONSULTING SERVICES WORK ORDER NO.
10 – KIMLEY HORN AND ASSOCIATES, INC. – DESIGN AND
June 21, 2005 28
THTH
CONSTRUCTION SERVICES – 8 STREET FROM 58
TH
AVENUE TO 74 AVENUE (UOC 2635)
ON MOTION by Vice Chairman Neuberger,
SECONDED by Commissioner Davis, the Board
unanimously authorized design, permitting, and bidding
of the collection system improvement project, approved
the attached Work Order No. 10 with Kimley Horn and
Associates in the amount of $72,300.00 to design and
manage construction of said facility, and authorized the
Chairman to execute the same, as recommended in the
memorandum of May 31, 2005.
WORK ORDER NO.10 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.3. SOUTH REGIONAL RO PLANT – KIMLEY HORN AND
ASSOCIATES, INC. – OPERATING AND MAINTENANCE
SYSTEMS EVALUATION – WORK ORDER NO. 5
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously
approved Work Order No. 5 to Kimley-Horn and
Associates Inc. in the amount of $7,500.00 for ongoing
water plant assistance and authorized the Chairman to
execute the Work Order, as recommended in the
memorandum of June 9, 2005.
June 21, 2005 29
WORK ORDER IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
13.E. COMMISSIONER GARY C. WHEELER – RECOGNITION OF
COMMITTEE VOLUNTEERS – ANNUAL APPRECIATION
BANQUET
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously
approved planning an annual appreciation banquet to
recognize people who volunteer for established
committees and their contributions, at an estimated cost
of approximately $12,500.00, as recommended in the
memorandum of June 21, 2005.
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.AMMM24,2005
PPROVAL OF INUTES OF EETING OF AY
14.B.2.GS–WAN.2–D
EOYNTEC ORK UTHORIZATION O ESIGN AND
PVE–CIL
ERMITTING OF ERTICAL XPANSION LASS ANDFILL
June 21, 2005 30
14.B.3.WMP–P
ASTE ANAGEMENT ROPOSAL LACEMENT OF
CDD(C&D)S
ONSTRUCTION AND EMOLITION EBRIS ON THE LOPES
S1L
OF EGMENT ANDFILL
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 12:55 p.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman
Minutes Approved: _________________
ip
June 21, 2005 31