HomeMy WebLinkAbout6/3/2003INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JUNE 3, 2003
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
6.A. APPROVAL OF MINUTES — MAY 6, 2003................................................................... 2
6.B. APPROVAL OF MINUTES — MAY 13, 2003................................................................. 2
7. CONSENT AGENDA........................................................................................................2
7.A. REPORTS........................................................................................................................ 2
7.B. APPROVAL OF WARRANTS —MAY 9-15,2003 .............................................................. 3
7.C. APPROVAL OF WARRANTS — MA Y 16 — 22, 2003............................................................ 3
7.D. PROCLAMATIONHONORING ROGER L. FREEMAN ONHIS RETIREMENT FROMINDIAN
Rii'ER COUNTYDEPARTMENT OFEMERGENCYSERVICES........................................... 3
June 3, 2003 1
7.E. INCREASE SHERIFF'S OPERATINGBUDGET FY2002-2003......................................... 3
7.F. RESOLUTION2003-059—INSUPPORTOFTHEMARINERESOURCEsCOUNCIL's(MRC)
APPLICATION FOR A GRANT TO PURCHASE PROPERTYALONG THE ST. SEBASTIAN
RIPER 4
7. G. RESOLUTION 2003-060 — CANCELING TAXES UPON PUBLICL Y OWNED LANDS - GHO
VEROBEACH VIII, INC................................................................................................ 4
7.H. HOMELESS ASSISTANCE CENTER, ING — 740 4TH STREET - FINAL PAYMENT AND
RELEASE OF RETAINAGE —PAUL JACQUIN & SONS, ING -FAMILY OPTIONS
TRANSITIONAL HoasINGHUD GRANT, FL 29BOO9001.............................................. 4
7.L STATE OF FLORIDA RETIENUE SHARINGAPPLICATION—DEPARTMENT OF
EMERGENCYSER i'ICEs — SHERIFF — FY2003-2004..................................................... 5
7.J. CHILDREN'S SERVICESADVISORYCOMMITTEE —ELECTION OFJEANKLINEAS
CHAIRMANAND ROLFBIBOWAS VICE CHAIRMAN...................................................... 5
7.K PUBLICLIBRARYADVISORYBOARD (PLAB) ELECTIONOFMILT THOMASAS
CHAIRMANAND MARYLOUISE SCHEIDTAS VICE CHAIRMAN ..................................... 5
U. BEACH & SHORE PRESERVATIONAD i'ISORY COMMITTEE ELECTION OF RALPH
SEXTONAS CHAIRMANAND BETHMITCHELL AS VICE CHAIRMAN ............................. 5
7.M. OUT OF COUNTY TRA i'EL — COMMISSIONERS VOL UNTARY CERTIFICATION
PROGRAM (ECONOMIC DEVELOPMENT ELECTIVE CURRICUL UM CLASS IN ORLANDO,
JUNE 17, 2003 - COMMISSIONERS L0WTHER AND NEUBERGER)................................. 5
7.N. FY200312004-FDLEANTI DRUGABUsE GRANTFUNDLNG-SUBsTANcEABUSE
COUNCIL OFINDIANRii'ER COUNTY-M.A.C.E. -PREVENT ..................................... 6
7.0. ADDITIONAL HVAC (HEATING VENTILATIONAIR CONDITIONING) DESIGN SER i'ICEs
FOR OLD DOUGLAS SCHOOL (DASIE HOPE CENTER) (RFQ#5022) — (ADMINISTRATION
BUILDING CHILLER AND SHERIFF'S OFFICE HVAC) .................................................. 6
7.P."ORCASOUTHLINK"LANDACQUISITIONADTIISORYCOMMITTEE (LAAO) SITE, 6.69
ACRES SOUTH OF OSLO ROAD, EAST OF U S. #1— FLORIDA COMMUNITIES TR UST
(FCT) - CosT-SHARE GRANTAPPLLcATLoN................................................................. 7
June 3, 2003 2
9.A.1. PUBLIC HEARING - RESOLUTION 2003-061 — WILDWOOD SUBDIVISION
PETITION WATER SERVICE — 25TH STREET EAST OF 82ND AVENUE —
RESOLUTION III (PROJECT UCP-2256).....................................................................7
9.A.2. PUBLIC HEARING — SPECIAL EXCEPTION USE APPROVAL AND APPEAL
OF THE PLANNING AND ZONING COMMISSION'S DENIAL OF
PRELIMINARY PD PLAN/PLAT - HIDDEN LAKE — ATLANTIC COAST
CONSTRUCTION & DEVELOPMENT, INC. CONCEPTUAL PLANNED
DEVELOPMENT (PD) — SCHULKE, BITTLE AND STODDARD, L.L.C.
(LEGISLATIVE)................................................................................................................ 8
9.B.1. PUBLIC DISCUSSION ITEM — BRIAN HEADY — ISSUES RELATIVE TO THE
TAX BURDEN AND EXPENDITURES OF INDIAN RIVER COUNTY
RESIDENTS.....................................................................................................................11
9.13.2. PUBLIC DISCUSSION ITEM — LARRY SCHLITT — ACCESSORY ROAD FOR
THE FARMS SUBDIVISION — 5TH STREET SW AND 66TH AVENUE
(FLINCHUM-SCHLITT DEVELOPMENT, L.L.C.)..................................................11
9.C.1. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON JUNE 10,
2003....................................................................................................................................13
A. GRAND HARBOR - REQUEST TO AMEND THE COMPREHENSIVE PLAN TO REDESIGNATE
TWO TRACTSOFLANDCONTAININGAPPROXIMATELY57ACRES. THEREQUESTWILL
REDESIGNATE PROPERTYLOCATED AT THE SOUTHWEST CORNER OFINDIANRIVER
BOULEVARD AND 53RD STREET FROMM-1 TO CII, WHILE REDESIGNATING 4 ACRES OF
LAND LOCATED AT THE SOUTHWEST CORNER OF GRAND HARBOR BOULEVARD AND
INDIANRIVER BOULEVARD FROMM-1 TO CII, AND REDESIGNATING THE REMAINING
LAND ON THAT TRACT FROM C/I TOM -1 (LEGISLATIVE)............................................13
B. COUNTYINITIATED REQUEST TO AMEND THE COMPREHENSITIE PLAN TO REDESIGNATE
f 47ACRES OFLAND LOCATED IN THE NORTHWEST INTERSECTION OF 41ST STREETAND
June 3, 2003 3
43RD AVENUE, FROMM--2 TO PUB, AND TO REDESIGNATE 25.89 ACRES OF LAND
LOCATED SOUTH OF 41ST STREET, AND APPROXIMATEL Y1000 FEET EAST OF 43"
A i'ENUE, FROM CII TO PUB (LEGISLATIVE)...............................................................13
C COUNTYINITIATED REQUEST TO AMEND THE TEXT OF THE COMPREHENSIVE PLAN'S
RECREATIONAND OPENSPACEELEMENTBYREi'ISING OBJECTii'E 6ANDADDING
POLICY 6.4 AND BYADDING POLICY 8.6 TO THE CONSERVATIONELEMENT
(LEGISLATIVE)............................................................................................................14
D. COUNTYINITIATED REQUEST TO AMEND THE COMPREHENSIVE PLANFOR f 5,400
ACRES OF PUBLICLY OWNED LAND, LOCATED IN SEVERAL LOCATIONS IN THE COUNTY,
BYREDESIGNATING LAND FROM VARIOUS LAND USE DESIGNATIONS TO C-1
CONSERVATION -1 (LEGISLATIVE).
14
11.A.1. JUNGLE TRAIL NARROWS ASSOCIATION (JTNA) — REQUEST FOR
INTERPRETATION OF THE MANATEE PROTECTION PLAN TO ALLOW
CONVERSION OF SAILBOAT SLIPS TO POWERBOAT SLIPS AT THE INDIAN
TRAILS AND MARBRISA RESIDENTIAL MARINAS...........................................14
11.D.1. WELLNESS PROGRAM PROPOSAL — INDIAN RIVER COUNTY
RECREATION DEPARTMENT — "TONS OF FUN II"............................................16
11.G.1. BEACH & SHORE RESTORATION SECTORS I& 2 — (AMBERSAND) CHANGE
ORDER #1— GREAT LAKES DREDGE AND DOCK CO. (GLDD).......................17
1LH.1. CENTRAL REGIONAL WASTEWATER TREATMENT FACILITY PHASE 1 -
EXPANSION TO 2.0 MGD.— INCREASE PURCHASE ORDER NO. 86823 - FINAL
PAYMENT TO US FILTER/KRUGER........................................................................17
1LH.2. SOUTH COUNTY REVERSE OSMOSIS WATER TREATMENT PLANT -
SCADA SYSTEM PROGRAMMING — KIMLEY-HORN & ASSOCIATES, INC. -
WORK AUTHORIZATION#3......................................................................................18
June 3, 2003 4
1LH.3. SOUTH WASTEWATER TREATMENT FACILITY (WWTF) —POST BUCKLEY
SCHUH & JERNIGAN (PBS&J) — ADDENDUM #3 (ODOR CONTROL
IMPROVEMENTS DESIGN)........................................................................................18
1LH.4. LAKEWOOD TERRACE SUBDIVISION WATER SERVICE — PROJECT
APPROVAL — IRC PROJECT NO. UCP-2317............................................................19
1LH.5. OLD SAVANNAH SUBDIVISION —DEVELOPER'S AGREEMENT FOR
CONSTRUCTION OF OFF-SITE SANITARY SEWER FORCE MAIN - 58TH
AVENUE AND 16TH STREET - ROSEWOOD ROAD EAST DEVELOPMENT
CORPORATION............................................................................................................. 20
1LH.6. COST -SHARE AGREEMENT - ALTERNATIVE WATER SUPPLY GRANT — ST.
JOHN'S RIVER WATER MANAGEMENT DISTRICT (SJRWMD) —
INTEGRATED WATER RESOURCES PROGRAM TO REDUCE
STORMWATER AND REVERSE OSMOSIS CONCENTRATE INTO INDIAN
RIVER LAGOON (UCP-2097).......................................................................................20
13.A. SECURITY AT COUNTY LIBRARIES.......................................................................20
14.A. EMERGENCY SERVICES DISTRICT........................................................................21
14.B. SOLID WASTE DISPOSAL DISTRICT.......................................................................21
14.C. ENVIRONMENTAL CONTROL BOARD
June 3, 2003 5
21
June 3, 2003
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1840 251'' Street, Vero Beach, Florida, on Tuesday,
June 3, 2003, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Caroline D. Ginn, Vice
Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Arthur R. Neuberger.
Also present were James E. Chandler, County Administrator; William G. Collins II, County
Attorney; and Maria L Suesz, Deputy Clerk.
1. CALL TO ORDER
Chairman Macht called the meeting to order.
2. INVOCATION
Pubic Works Director Jim Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Thomas S. Lowther led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Macht requested the following changes to today's Agenda:
1. Defer: Item 13.A. until June 10, 2003 — Security at County Libraries
June 3, 2003 1
2. Additional Backup: Item 11.A.1. — Letter from Sea Oaks Residents Committee
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously made the above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
None.
6.A. APPROVAL OF MINUTES - MAY 6, 2003
The Chairman asked if there were any corrections or additions to the Minutes of the Regular
Meeting of May 6, 2003. There were none.
ON MOTION by Commissioner Lowther, SECONDED by Commissioner
Adams, the Board unanimously approved the Minutes of the Regular
Meeting of May 6, 2003, as written.
6.11. APPROVAL OF MINUTES - MAY 13, 2003
The Chairman asked if there were any corrections or additions to the Minutes of the Regular
Meeting of May 13, 2003. There were none.
ON MOTION by Commissioner Lowther, SECONDED by Commissioner
Adams, the Board unanimously approved the Minutes of the Regular
Meeting of May 13, 2003, as written.
7. CONSENT AGENDA
7.A. REPORTS
The following reports have been received and are on file in the office of the Clerk to
the Board:
June 3, 2003 2
1. Indian River Farms Water Control District Budget for Year Ended
09/30/04
2. Report of Convictions, April, 2003
3. Florida State Courts, 2002 Annual Report
4. Fellsmere Water Control District Annual Budget for FY 2003-04 and
Copy of District Map
5. Delta Farms Water Control District Annual Budget for FY 2003-04,
resulting in a per acre assessment of $150
7.B. APPROVAL OF WARRANTS — MAY 9 — I S. 2003
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously approved the list of Warrants as issued by the
Clerk to the Board for May 9 — 15, 2003.
7.C. APPROVAL OF WARRANTS — MAY I (— 22. 2003
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously approved the list of Warrants as issued by the
Clerk to the Board for May 16 — 22, 2003.
7.D. PROCLAMATION HONORING ROGER L. FREEMAN ON HIS RETIREMENT
FROMINDIANRIVER COUNTYDEPARTMENT OFEMERGENCYSERVICES
The Board entered the Proclamation into the record.
7.E. INCREASE SHERIFF'S OPERATING BUDGET FY2002-2003
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously approved applying the proceeds from the
Sheriff's April 12, 2003 public auction of surplus property and vehicles to
the Sheriff's operating budget by $1,681 in operating expense and $22,600
in capital outlay, as requested.
June 3, 2003 3
7.F. RESOL UTION 2003-059 —IN SUPPORT OF THE MARINE RESOURCES
C'OUNCIL'S (MRL') APPLICATION FOR A GRANT TO PURCHASE
PROPERTYALONG THE ST. SEBASTIANRIVER
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously adopted Resolution 2003-059 in support of
the Marine Resources Council's Application for a Grant to purchase
property along the St. Sebastian River.
7.G. RESOLUTION 2003-060 — CANCELING TAXES UPON PUBLICL Y OWNED
LANDS - GHO VERO BEACH VIII, INC
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously adopted Resolution 2003-060 canceling
taxes on publicly owned lands, pursuant to Section 196.28, Florida
Statutes: (GHO Vero Beach VIII, Inc., 3 Right -of -Way parcels 661h
Avenue and 261h Street).
7.H. HOMELESS ASSISTANCE CENTER. INC — 740 4TH STREET - FINAL
PAYMENT AND RELEASE OF RETAINAGE —PAUL .JACOUIN & SONS. INC
- FAMILY OPTIONS TRANSITIONAL HOUSING HUD GRANT, FL
29BOO9001
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously authorized Final Payment and Release of
Retainage in the amount of $34,429.92, for the Family Options Transitional
Housing HUD Grant, Fl 2913009001, to Paul Jacquin & Sons, Inc., as
requested.
June 3, 2003 4
U STATE OF FLORIDA REVENUE SHARING APPLICATION — DEPARTMENT
OF EMERGENCY SERVICES — SHERIFF — FY 2003-2004
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously authorized the Chairman to sign the State
Revenue Sharing application, as recommended in the memorandum.
COPY OF APPLICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7..1 CHILDREN'S SERVICES ADVISORY COMMITTEE —ELECTION OF .JEAN
KLINE AS CHAIRMAN AND ROLF BIBOW AS VICE CHAIRMAN
The Board acknowledged the election as set out in the above title.
7.K. PUBLIC LIBRARYADVISORYBOARD (PLAB) ELECTION OF MILT
THOMAS AS CHAIRMAN AND MAR YLOUISE SCHEIDT AS VICE
CHAIRMAN
The Board acknowledged the election as set out in the above title.
U. BEACH & SHORE PRESERVATIONADVISOR Y COMMITTEE ELECTION
OF RALPH SEXTON AS CHAIRMAN AND BETH MITCHELL AS VICE
CHAIRMAN
The Board acknowledged the election as set out in the above title.
7.M. OUT OF COUNTY TRAVEL — COMMISSIONERS VOLUNTARY
CERTIFICATION PROGRAM (ECONOMIC DEVELOPMENT ELECTIVE
CURRICULUM CLASS IN ORLANDO, JUNE 17. 2003 - COMMISSIONERS
LOWTHER AND NEUBERGER)
June 3, 2003 5
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously approved out of county travel for
Commissioners Lowther and Neuberger to attend the Economic
Development Elective Curriculum Class in Orlando on June 17, 2003 , as
requested in the memorandum.
7.N. FY200312004 - FDLE ANTIDRUG ABUSE GRANT FUNDING -
SUBSTANCEABUSE COUNCIL OFINDIANRIVER COUNTY—M.A.C.E. -
PREVENT
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously approved the staff recommendation and
authorized the Chairman to sign the grant applications and other necessary
related documents for submittal to the state by the deadline of Tuesday,
June 10, 2003.
COPY OF GRANT APPLICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.0. ADDITIONAL HVAC (HEATING VENTILATIONAIR CONDITIONING)
DESIGN SERVICES FOR OLD DOUGLAS SCHOOL (DASIE HOPE CENTER)
(RFO#5022) — (ADHINISTRATIONBUILDING CHILLER AND SHERIFF'S
OFFICE HVAC)
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously approved expanding the scope of services for
RFQ45022 to include engineering services for the HVAC system at the
Douglas School, as recommended in the memorandum. (Contract will be
updated and presented to the Board in the future for approval.)
June 3, 2003 6
7.P. "ORCA SOUTHLINK" LAND ACQUISITIONADVISORY COMMITTEE
(LAAO) SITE. 6.69 ACRES SOUTH OF OSLO ROAD, EAST OF U ,S. #]—
FLORIDA COMMUNITIES TRUST (FCT) - COST -SHARE GRANT
APPLICATION
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously authorized staff to resubmit the ORCA South
Link LAAC Project for cost -share funding under the FF -3 Florida
Communities Trust Grant application recycle, as recommended in the
memorandum.
9.A.1. PUBLIC HEARING - RESOLUTION 2003-061- WILDWOOD
SUBDIVISION PETITION WATER SERVICE - 25TH STREET EAST
OF 82ND AVENUE - RESOLUTION III (PROJECT UCP -2256)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Assessment Projects Manager Dan Chastain reviewed his memorandum and reported that
100% of the property owners to benefit from this assessment signed the petition and are in
agreement that all lots be equally assessed. The Board's approval is needed to move forward.
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
Ginn, the Board unanimously adopted Resolution 2003-061 confirming the
Special Assessments in connection with water main expansion to
Wildwood Subdivision (251'' Street east of 82nd Avenue) in Indian River
June 3, 2003 7
County, Florida; and providing for special assessment liens to be made of
record.
9.A.2. PUBLIC HEARING - SPECIAL EXCEPTION USE APPROVAL
AND APPEAL OF THE PLANNING AND ZONING COMMISSION'S
DENIAL OF PRELIMINARY PD PLAN/PLAT - HIDDEN LAKE -
ATLANTIC COAST CONSTRUCTION & DEVELOPMENT, INC.
CONCEPTUAL PLANNED DEVELOPMENT (PD) - SCHULKE,
BITTLE AND STODDARD, L.L.C. (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Division Director Stan Boling reviewed the memorandum using a PowerPoint
presentation (copy on file with the backup). He added that recently the developer has agreed to
fund $30,000 for a northbound left turn lane at the Kings Highway entrance when the County
widens 581h Avenue. This is to be added to the staff recommendation under conditions as Item 2.g.
The Chairman asked Director Boling to describe for the benefit of the public the guidelines
the developer needs to abide by once their proposal has been approved.
Director Boling answered that the developer would be obliged to provide all the buffer
improvements and the layout as described in the proposal. The conservation areas need to be set
aside and conserved legally and posted for conservation. If the buffers fall below standard or
disrepair at any time or encroach on the conservation area, there would be code enforcement action.
Other improvements such as sidewalks and recreation areas are set aside as green areas and as part
of the landscape plan. These areas might be grass or wooded with tree preservation. From that
point the homeowners association can make any additional improvements. The right-of-way
dedications and the turn lane occur during construction and the plans would accommodate them.
The Chairman questioned if the developer has the right to make any modifications to
increase the number of lots or decrease the requirements.
Director Boling responded the developer would have to come back through the public
hearing process in order to make any of those changes.
June 3, 2003
The Chairman questioned if the specimen trees are marked for conservation and Director
Boling said, "yes."
Commissioner Ginn felt that if a development is off a major road, it is absolutely essential to
have turn lanes to prevent accidents regardless of the density of the development. She asked
Director Boling about the out -parcel.
Director Boling explained it is an undeveloped wooded area zoned for single-family
development and cannot be rezoned.
Commissioner Neuberger had the same concern in relation to the left turn lane and was
pleased it was in the proposal. He sought clarification on the failed motion at the Planning and
Zoning Committee's meeting.
County Attorney Collins defined that the rules in the ordinance require an affirmative vote
of the majority. The P&Z vote was 3 to 3.
Director Boling said the criteria for the LDRs needs to be amended to require a turn lane on
major highways, and Commissioner Ginn recommended that change.
Chairman Macht asked for the opinion of the Public Works Director.
Commissioner Neuberger understood 58th Avenue is not scheduled to be four lanes.
Public Works Director Jim Davis said 581'' Avenue does not warrant 4 lanes. However, they
are updating the County's Long -Range Transportation Plan and he agreed that they need to
re-evaluate 581'' Avenue. He explained that Chapter 952, Florida Statutes states if there are 30 left
turn movements in the peak hours, then a left turn lane would be warranted. It is not economically
feasible to spend $40,000 to $50,000 for a left turn lane to serve a small number of lots.
Concerning the recommendation of Commissioner Ginn, Chairman Macht asked staff to
evaluate the LDR criteria and bring their recommendation back to the board.
The Chairman opened the public hearing and asked if anyone wished to be heard regarding
this matter.
Brian Heady, Vero Beach, said the Commissioners would be confusing staff and the
developers if they proceed in making a decision after they have already planned placing a
moratorium on Planned Developments. He also referenced the specimen tree cutting on 121'' Street
and felt that rights to ownership should be lost when these trees are cut down without approval
which would make a stronger impact than a fine.
June 3, 2003 9
Chairman Macht commented that would make a very interesting court case.
Planning and Zoning Commission Chairman David Cox, 9495 Periwinkle, said he had been
thinking about specific instances where we can get measurable benefits. He feels we need to find
a balance between the measurable benefits and the costs involved.
Chairman Macht was in agreement with Mr. Cox. In the past they have taken staffs
recommendations wholesale and he believed the Commissioners need to compare the differences
and look at the details more objectively.
Joseph Shulke, Consulting Engineer, was present with the developer, Mr. Joseph Paladin.
He handed out copies of his PowerPoint presentation (copy on file with the backup). He tried to
quantify the benefits of their project: it would provide preservation of uplands and free right-of-way
and drainage along 581h Avenue.
Joseph Paladin, President of Atlantic Coast Construction & Development, Inc., told the
Board that he was willing to give up one-third of his profit in order to get this PD rezoning
approved.
Planning and Zoning Commission (P & Z) member Donna Keys, 725 Lakeport Drive,
Sebastian, said in fairness to Mr. Shulke and the developer, she had voted to deny their request
because one of the special benefits from this project was the drainage right-of-way for the widening
of 581'' Avenue. The P & Z found out a few hours before the meeting that it had been decided not
to widen 581h, negating any special benefits. She would have changed her vote if he had offered the
left turn lane at the meeting.
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 Lowther, SECONDED by Commissioner
Adams, the Board unanimously granted special exception use and
conceptual PD plan approval, including the requested waivers, and granted
preliminary PD plan/plat approval with the following conditions: 1) Prior
to the issuance of a land development permit, the developer shall obtain
planning staff approval of detailed, final landscape plans for the proposed
buffers, common areas, and recreation/park tracts; 2) Prior to or via the
final plan process, the applicant shall: a. establish, conservation easements
June 3, 2003 10
over all existing native upland areas to be preserved on the subject site; b.
establish a conservation tract over the entire existing wetland area being
preserved on the subject site; c. dedicate the site's share of the
thoroughfare plan road right-of-way for 451h Street; dedicate the site's
share of the thoroughfare plan road right-of-way for 581h Avenue; e.
construct or bond -out the 581h Avenue sidewalks; f. construct or bond -out
for the internal sidewalks; g. post a $30,000 deposit with the County for the
North bound left turn lane when the County widens 581h Avenue to four
lanes, and 3) Prior to issuance of a certificate of completion for the project,
the applicant shall install all perimeter landscape buffers; all as
recommended by staff.
(CLERK'S NOTE: CHAIRMAN MACHT CALLED A BRIEF RECESS AT 9:54 A.M. THE
MEETING WAS RECONVENED AT 10:06 A.M. WITH ALL MEMBERS PRESENT.)
9.B.1. PUBLIC DISCUSSION ITEM - BRIAN HEADY - ISSUES
RELATIVE TO THE TAX BURDEN AND EXPENDITURES OF
INDIAN RIVER COUNTY RESIDENTS
Brian Heady of Vero Beach said he checked the minutes of April 1st where the Board
voted to take action on Veterans' benefits by sending a letter to the Legislature stating the Board's
opposition to cutting those benefits. To date there has been no action. He continued to express his
disapproval of how the County has chosen to spend the citizens' tax dollars. He said that the public
has been led to believe that the elected officials are interested in public input, yet it remains
questionable as to who is really making the decisions on how the tax dollars are spent.
NO ACTION REQUIRED OR TAKEN.
9.B.2. PUBLIC DISCUSSION ITEM - LARRY SCHLITT - ACCESSORY
ROAD FOR THE FARMS SUBDIVISION - 5TH STREET SW AND
66TH AVENUE (FLINCHUM-SCHLITT DEVELOPMENT, L.L.C.)
June 3, 2003 11
Larry Schlitt, 656 Bougainvillea Lane, is owner and managing member of the Farms
Subdivision. He provided a handout (copy is on file with the backup) showing a detailed
chronology of events regarding his request to provide an access road to the Farms Subdivision off
661h Avenue, away from industrial traffic, in lieu of 51h Street SW. This request was granted
provided he construct a 22' paved secondary access to 51h Street SW and donate all
rights -of -way -for 51h Street SW and 661h Avenue.
Mr. Schlitt displayed aerial photographs of the subdivision and accessory road using a
PowerPoint presentation (copy is on file with the backup). He pointed out that when a traffic light
is placed at 51h Street SW and 661h Avenue, the access road traffic will not be affected by the traffic
light and will present a safety issue. He concluded the 51h Street SW access road should not be
required due to lack of safety measures and he is seeking reimbursement for additional costs that he
incurred based on the County's criteria.
Commissioner Lowther questioned why we required this supplemental access road when
other existing developments have only one access road.
County Administrator James Chandler explained that the plans were denied originally
because of future expansion plans on 661h Avenue up to 601h Street in order to avoid having too
many accesses by developments on a major roadway. Mr. Schlitt appealed that decision and after
a great deal of discussion, they compromised and agreed to permit access on 661h and to keep the
supplemental access.
Mr. Schlitt admitted that he did agree to the supplemental access road in the very early
stages of the project, however, he emphasized that this road is not necessary and it is not going to
solve any problems as far as safety is concerned. He hoped that the County would work with him.
Commissioner Adams inquired if this was an affidavit of exemption or a subdivision process
and Mr. Schlitt responded that it is an affidavit of exemption.
Commissioner Adams felt the whole intent of having an affidavit of exemption was the
ability to split larger tracts and continue smaller agricultural developments. In this case, agricultural
development was not intended, it was actually designed for Planned Development and not a
subdivision process.
Administrator Chandler said safety was the reason for not permitting the access road in the
first place.
Commissioner Ginn inquired what year the widening of 661h Avenue would begin.
June 3, 2003 12
Public Works Director Jim Davis said the section between 41h Street and State Road 60 was
currently in design and would probably start next year after Kings Highway is completed.
In response to Chairman Macht, Administrator Chandler replied that in order for staff to
approve the accessory road, Mr. Schlitt had to agree to it.
Because this is a private road, Commissioner Adams concluded they cannot reimburse Mr.
Schlitt for expenses.
Mr. Schlitt asked Director Davis, what would happen when the light is installed at the
entrance to the packing house that runs 30'parallel with 51h Street SW.
Director Davis replied when this issue arose they applied the East/West road grid system (1/2
mile spacing) policy uniformly and recommended a 51h Street SW access. Since 661'' Avenue had
already been paved, Mr. Schlitt wanted to connect to that. In the future, there will be a traffic signal
every 1/2 mile on 581'' Avenue and 661'' Avenue to control the East and West bound traffic. The
packing house at that time should connect to 51h Street SW to take advantage of the future signal
and turn lanes that will be provided there for the safety of the whole area.
NO ACTION REQUIRED OR TAKEN.
9.C.1. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING
ON JUNE 10, 2003
A. GRAND HARBOR - REQUEST TO AMEND THE COMPREHENSIVE PLAN TO
REDESIGNATE TWO TRACTS OF LAND CONTAINING APPROXIMATELY 57
ACRES. THE REQUEST WILL REDESIGNATE PROPERTYLOCATED AT THE
SOUTHWEST CORNER OF INDIAN RIVER BOULEVARD AND 53RD ,STREET
FROMM-1 TO CIT WHILE REDESIGNATING 4 ACRES OF LAND LOCATED AT
THE SOUTHWEST CORNER OF GRAND HARBOR BOULEVARD AND INDIAN
RIVER BOULEVARD FROMM-I TO CIT AND REDESIGNA TING THE
REMAINING LAND ON THAT TRACT FROM CII TO M-1 (LEGISLATIVE)
B. COUNTY INITIATED REQUEST TO AMEND THE COMPREHENSIVE PLAN TO
REDESIGNATE f 47 ACRES OF LAND LOCATED IN THE NORTHWEST
INTERSECTION OF 41 ST ,STREET AND 43RD A VENUE, FROM M-2 TO PUB, AND
June 3, 2003 13
TO REDESIGNATE 25.89 ACRES OF LAND LOCATED SOUTH OF 41 ST ,STREET.
AND APPROXIMATELY 1000 FEET EAST OF 43RD AVENUE. FROM CII TO PUB
(LEGISLATIVE)
C COUNTY INITIATED REQUEST TO AMEND THE TEXT OF THE
COMPREHENSIVE PLAN'S RECREATION AND OPEN SPA CE ELEMENT BY
REVISING OBJECTIVE ( AND ADDING POLICY 6.4 AND BYADDING POLICY 8.
TO THE CONSERVATIONELEMENT (LEGISLATIVE)
D. COUNTY INITIATED REQUEST TO AMEND THE COMPREHENSIVE PLAN FOR
f 5.400 ACRES OF PUBLICLY OWNED LAND, LOCATED IN SEVERAL
LOCATIONS IN THE COUNTY, BYREDESIGNATING LAND FROM VARIOUS LAND
USE DESIGNATIONS TO C -I. CONSERVATION -I (LEGISLATIVE)
The Chairman read the notices into the record.
11.A.1. JUNGLE TRAIL NARROWS ASSOCIATION (JTNA) - REOUEST
FOR INTERPRETATION OF THE MANATEE PROTECTION
PLAN TO ALLOW CONVERSION OF SAILBOAT SLIPS TO
POWERBOAT SLIPS AT THE INDIAN TRAILS AND MARBRISA
RESIDENTIAL MARINAS
Environmental & Code Enforcement Chief Roland DeBlois reviewed his memorandum and
used a PowerPoint presentation (copy is on file in the backup) to address the questions regarding
powerboat slips at two marinas, Indian Trails and Marbrisa. The specific wording in the Manatee
Protection Plan (MPP) is to release the 1:100 density ratio in order to allow the boat slip to convert
from sailboat use to powerboat use and remain consistent with the MPP. He asked the Board to
determine whether to allow the conversion without any physical rearrangements; allow more
powerboats versus sailboats in various sections of the river and how does that affect manatee
protection. They can interpret the plan to allow such usage or amend the Plan.
Chairman Macht said if the intention is to increase the number of slips, then the Plan needs
to be amended.
Commissioner Neuberger disagreed. He believed it simply was an interpretation. He did
not see a significant change since they are not intending to add slips.
June 3, 2003 14
Commissioner Ginn asked if Sea Oaks falls under the 1:100th restriction.
Chief DeBlois said Sea Oaks has that restriction, however, they are a public /private marina
which is different from Marbrisa or Indian River Trails.
Commissioner Lowther received the letter from Sea Oaks (copy on file with the backup) and
believed Sea Oaks should not fall under the same restriction.
Chief DeBlois explained all the marinas in the county would be affected by their decision.
Commissioner Ginn believed rearranging meant a different configuration for the dock.
County Attorney William G. Collins read (page 132) policies 1.13 and 1.14 from the
Manatee and Boating Safety Plan to assist the Board in their decision. Policy 1.13 says the 1:100
(one power boat per 100' of shoreline) shall be retained in, among others, Zone 4; and Policy 1.14
encourages expansion or upgrading existing boating facilities by considering the removal of the
1:100 shoreline ratio in other zones not including Zone 4. He reasoned that there is a direct conflict
in the two policies. Attorney Collins recommended the Board amend the two policies by moving
Zone 4 down into the area where it allows expansion of existing facilities, lifting that ratio, taking it
out of the area where the ratio is retained, and moving it into one where it is allowed.
Chairman Macht concurred.
Chief DeBlois said if the Board decides to go through an amendment process, they would
send a letter to the State and they also have to concur.
A brief question and answer period ensued and the Board learned that the 1:100 density ratio
is a common denominator utilized by all counties. When the Manatee Protection Plan was adopted
in Indian River County, it was intended to supersede the 1:100 density ratio.
MOTION WAS MADE by Commissioner Neuberger, SECONDED by
Commissioner Adams for discussion, to send a letter to the State
Representatives informing them of the Boards interpretation of the
Manatee Protection Plan.
Sandra Clinger, 2680 Bobcat Trail, spoke on behalf of "Save the Manatee Club" members.
Indian River County worked a long time to develop the Manatee Protection Plan and one reason it
was adopted and approved by the State of Florida was because we identified critical areas, such as
the Jungle Trail Narrows, where they would restrict additional boat facility development and reduce
the number of powerboats accessing that area. She did not believe rearrangement was the core issue
June 3, 2003 15
since you cannot retain something that has not been applied. She strongly encouraged the Board to
consider going through the formal amendment process that takes place every two years with the
Marine Advisory Narrows Watershed Action Committee (MANWAC).
Bill Beardslee, 621 Tomahawk Trail, said Indian River Trails Association was seeking the
lifting of restrictions regarding the berthing of powerboats in their two residential marinas.
Jane Warren, who lives at the Bayou, asked the Board to keep in mind that sailboats utilize
less RPMs and are less destructive to manatees than powerboats. Also, she asked that they consider
the size of boats, especially those without heads, which helps to keep the water cleaner.
David Cox, 9545 Periwinkle, a member of the Audubon Society, felt a number of other
applicants would be coming forward if the Board makes a decision on a project -by -project basis.
In reply to Commissioner Ginn, Commissioner Lowther relayed the issues discussed at the
MANWAC meeting that were denied and that they recognized there are some loopholes in the
MPP. In August the Plan will be up for review.
Commissioner Adams concluded that the Board needs to be consistent and the amendment
process would give the necessary structure to the MANWAC plan. It would set the parameters of
what issues need to be considered that would have an effect.
Chief DeBlois said the plan is revised every two years and the next revision will be possible
in August 2003.
Commissioner Neuberger WITHDREW his motion.
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Adams, the Board approved going through the Manatee
Protection Plan amendment process scheduled for August 2003.
11.D.1. WELLNESS PROGRAM PROPOSAL - INDIAN RIVER COUNTY
RECREATION DEPARTMENT - "TONS OF FUN II"
Director of Recreation Cliff Crawford reviewed the components of the Program consisting
of education, physical exercise and weight management, in order to create a healthy lifestyle. They
will extend the program to include County employees and hope to have a positive impact on the
residents and the community.
June 3, 2003 16
Chairman Macht commented if individuals had a benchmark to head off a host of medical
diseases it could reflect on what is paid for health benefits. This has a more dramatic effect since the
County is self-insured. County Health Department Administrator Jean Kline will be providing
assistance in carrying out the program.
NO ACTION TAKEN OR REQUIRED.
11.G.1. BEACH & SHORE RESTORATION SECTORS 1 & 2 -
(AMBERSAND) CHANGE ORDER #1- GREAT LAKES DREDGE
AND DOCK CO. (GLDD)
MOTION WAS MADE by Commissioner Adams to approve staffs
recommendation, SECONDED by Commissioner Lowther, for discussion.
In response to Commissioner Neuberger, Coastal Resource Manager Jonathan Gorham
explained that the construction plans in the contract specify building a certain design template at
different elevations and positions away from the shoreline. There were allowances in the contract
which were not exact numbers. The pay amounts are based on surveys, taken before and after, and
then the volume of sand is calculated.
Chairman Macht called the QUESTION and the motion carried
unanimously.0 (Change Order 41 approved. Funding as set out in the
memorandum.)
CHANGE ORDER NO. i IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
II.H.1. CENTRAL REGIONAL WASTEWATER TREATMENT FACILITY
PHASE 1 - EXPANSION TO 2.0 MGD.- INCREASE PURCHASE
ORDER NO. 86823 - FINAL PAYMENT TO US FILTER/KRUGER
June 3, 2003 17
Operations Manager Terry Southard of the Department of Utilities replied positively to
Commissioner Ginn's question that all the training has been completed and the software is running
satisfactorily.
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously approved Final Payment to US
Filter/Kruger in the amount $22,079.00, as recommended by staff.
II.H.2. SOUTH COUNTY REVERSE OSMOSIS WATER TREATMENT
PLANT - SCADA SYSTEM PROGRAMMING - KIMLEY-HORN &
ASSOCIATES, INC. - WORK AUTHORIZATION #3
MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Ginn, for discussion to approve staffs recommendation.
Assistant Utilities Director Stephen Doyle defined SCADA as a general term that stands for
System Control and Data Acquisition used in wastewater and other utilities. It refers to collecting
information, interpreting it and implementing what needs to be done.
The Chairman called the QUESTION and the motion carried unanimously.
(Approved Work Authorization 43, in the amount of $47,645, and
authorized the Chairman to execute same.)
WORK AUTHORIZATION 43 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
II.H.3. SOUTH WASTEWATER TREATMENT FACILITY (WWTF) -
POST BUCKLEY SCHUH & JERNIGAN (PBS&J) - ADDENDUM #3
(ODOR CONTROL IMPROVEMENTS DESIGN)
June 3, 2003 18
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously approved Professional Service
Agreement Addendum 43 for $97,757, as recommended in the
memorandum.
AGREEMENT IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
II.H.4. LAKEWOOD TERRACE SUBDIVISION WATER SERVICE -
PROJECT APPROVAL - IRC PROJECT NO. UCP -2317
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously approved the Lakewood Terrace
Subdivision water service Project No. UCP -2317 which is consistent with
the County Comprehensive Plan and the Environmental Health
Department's recommended areas to be served, and authorized staff to
proceed with the engineering design work and award a contract for survey
services based on the most favorable quote, in preparation for the special
assessment project, as recommended in the memorandum.
June 3, 2003 19
II.H.5. OLD SAVANNAH SUBDIVISION -DEVELOPER'S AGREEMENT
FOR CONSTRUCTION OF OFF-SITE SANITARY SEWER FORCE
MAIN - 58TH AVENUE AND 16TH STREET - ROSEWOOD ROAD
EAST DEVELOPMENT CORPORATION
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously approved the Developer's Agreement
with Rosewood Road East Development Corporation, authorized the staff
to recover capacity charges and line extension fees from future customers
and authorized the Chairman to execute the agreement, as recommended in
the memorandum.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
II.H.6. COST -SHARE AGREEMENT - ALTERNATIVE WATER SUPPLY
GRANT - ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT
(SJRWMD) - INTEGRATED WATER RESOURCES PROGRAM TO
REDUCE STORMWATER AND REVERSE OSMOSIS
CONCENTRATE INTO INDIAN RIVER LAGOON (UCP -2097)
ON MOTION by Commissioner Lowther, SECONDED by Commissioner
Ginn, the Board unanimously accepted the Alternative Water Supply Grant
of $125,000 from St. Johns River Water Management District (SJRWMD)
and authorized the Chairman to execute the contracts, as recommended in
the memorandum.
AGREEMENT IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
13.A. SECURITY AT COUNTY LIBRARIES
June 3, 2003 20
Deferred to June 10, 2003.
14.A. EMERGENCY SERVICES DISTRICT
None
14.B. SOLID WASTE DISPOSAL DISTRICT
None
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 12:05 p.m.
ATTEST:
Jeffrey K. Barton, Clerk Kenneth R. Macht, Chairman
Minutes Approved:
BCC/MIS/3003Minutes
June 3, 2003 21