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INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JUNE 8, 2004
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE – MOMENT OF SILENCE IN
TH
TRIBUTE TO OUR LATE 40 PRESIDENT OF THE UNITED
STATES RONALD REAGAN .................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS ............................................................................................................ 2
5.A.PROCLAMATIONS AND PRESENTATIONS – RECOGNITION
OF THE INDIAN RIVER COUNTY SHOOTING RANGE AS A
FIVE-STAR FACILITY ............................................................................... 2
6.A.1.APPROVAL OF MINUTES – MAY 4, 2004 ............................................. 3
6.A.2.APPROVAL OF MINUTES – MAY 11, 2004 ........................................... 3
6.A.3.APPROVAL OF MINUTES – MAY 18, 2004 ........................................... 3
June 8, 2004
1
7.CONSENT AGENDA ................................................................................... 4
7.A.R–FWCDM ..........................................4
EPORT ELLSMERE ATER ONTROL ISTRICT AP
7.B.R-FWCDAB ......................4
EPORT ELLSMERE ATER ONTROL ISTRICT NNUAL UDGET
7.C.AW ...........................................................................................4
PPROVAL OF ARRANTS
7.D.NCROC(B)DL
ORTH OUNTY EVERSE SMOSIS ONCENTRATE RINE ISCHARGE INE
–MFDEP(FDE
ODIFICATION OF LORIDA EPARTMENT OF NVIRONMENTAL
P)RAET ...................5
ROTECTION ESOLUTION GREEMENT FOR AN XTENSION OF IME
7.E.SHIP(SHIP)FS-A
TATE OUSING NITIATIVES ARTNERSHIP UNDS ET SIDE FOR
HHC–FY2004-2005 .................................................5
ABITAT FOR UMANITY LIENTS
7.F.SP,I.–FPACSPD
UNTREE ARTNERS NC INAL LAT PPROVAL FOR ITRUS PRINGS
V“D”NO-HV“F”....................................6
ILLAGE AND THE ORTH NEALF OF ILLAGE
7.G.SCWP–W-FRP,
OUTH OUNTY ATER LANT ELLIELD EHABILITATION ROJECT
PII–CO#1-LCC ...........................6
HASE HANGE RDER AYNE HRISTENSEN OMPANY
7.H.FCFBW–L2,B24,VL
LOODPLAIN UT AND ILL ALANCE AIVER OT LOCK ERO AKE
EU5A(KG) .....................................................................7
STATES NIT NOWLES ARAGE
7.I.UR-DCPW’D
TILITY ELOCATIONS UE TO ONFLICTS WITH UBLIC ORKS RAINAGE
P–R&BY41S–UCP#2465–GE.
ST
ROJECT OAD RIDGE ARD ON TREET EORGE
F-WADN.2001-087 ...................................7
RENCH ORK UTHORIZATION IRECTIVE O
7.J.GHOVBVIII,I.–FPAAL
ERO EACH NC INAL LAT PPROVAL FOR NTHEM AKES
TS .........................................................................................8
AT RILLIUM UBDIVISION
8.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES .................................................................................................... 8
9.A.1.PUBLIC HEARING - ORDINANCE NO. 2004-017 – PARKWOOD
LAND INVESTMENTS, INC. – REZONE 9.32 ACRES FROM A-1
THTH
TO RM-6 – NORTHEAST CORNER OF 66 AVENUE AND 26
STREET.......................................................................................................... 8
9.A.2.PUBLIC HEARING – RESOLUTION NO. 2004-057 AMENDING
DEVELOPMENT ORDER (D.O.) FOR GRAND HARBOR
June 8, 2004
2
DEVELOPMENT OF REGIONAL IMPACT (DRI) TO MODIFY
THE GRAND HARBOR MARINA BOAT SLIP CONDITIONS –
GHA GRAND HARBOR, LTD. ................................................................ 10
9.B.1.PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM
BRIAN T. HEADY REGARDING QUALITY OF LIFE, THE TAX
BURDEN, AND EXPENDITURES .......................................................... 14
9.B.2.PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM
FRANK L. ZORC REGARDING GROWTH COMMENTS IN
THE SURVEY RESULTS ON THE $50,000,000 BOND ISSUE .......... 14
9.C.PUBLIC NOTICE ITEMS ......................................................................... 15
9.C.1.SPHJ15,2004–M
CHEDULED FOR UBLIC EARING ON UNE ODIFICATIONS TO
IRCMPBS
NDIAN IVER OUNTY ANATEE ROTECTION AND OATING AFETY
CMP(MPP) ...................................................... 15
OMPREHENSIVE ANAGEMENT LAN
9.C.2.SPHJ22,2004– ..................................... 16
CHEDULED FOR UBLIC EARINGS ON UNE
A.AOIAVCCSB
N RDINANCE MPLEMENTING RTICLE OURT OST HIFTS ETWEEN
SC .......................................................................................... 16
THE TATE AND OUNTY
B.AORFP/FP ................... 16
N RDINANCE ELATING TO IRE ROTECTIONIRE REVENTION
9.C.3.SPHJ22,2004–RR
CHEDULED FOR UBLIC EARING ON UNE EQUEST TO EZONE
75.10ALE66AB4945
THTHTH
CRES OCATED AST OF VENUE ETWEEN AND
SA-1,A–1D(1/5)
TREETS FROM GRICULTURAL ISTRICT UP TO UNIT ACRES TO
RS-3,S-FRD(3/)V
INGLEAMILY ESIDENTIAL ISTRICT UP TO UNITSACRE BY ERO
BDI,LLC,O-DS.K,PE,A .............. 16
EACH EVELOPMENT WNER AVID NIGHT GENT
10.COUNTY ADMINISTRATOR – IMPACT FEE STUDY STATUS
REPORT ....................................................................................................... 16
June 8, 2004
3
11.C.1.ADDITIONAL ELECTRICAL SERVICES TO SEPARATE OLD
FELLSMERE SCHOOL FROM FELLSMERE CITY HALL AND
PUBLIC WORKS FACILITY – BIP DIPIETRO ELECTRIC, INC.
........................................................................................................................ 17
11.C.2.POTENTIAL SALE/PURCHASE OF LAND ADJACENT TO
COURTHOUSE PARKING GARAGE – GARY LOTT – LOT 6,
BLOCK 44, ORIGINAL TOWN OF VERO SUBDIVISION –
PLAT BOOK 2, PAGE 12 .......................................................................... 18
TH
11.I.1.26 STREET BRIDGE REPLACEMENT OVER RANGE LINE
TH
CANAL – 74 AVENUE – IRC PROJECT NO. 0378 – CHANGE
ORDER NO 3 – SHELTRA & SON CONSTRUCTION
COMPANY, INC. ........................................................................................ 18
11.I.2.NORTH LAKE SUBDIVISION RIGHT-OF-WAY – NEWPORT
NORTH HOLDINGS, LLC - DEVELOPER’S AGREEMENT
(FORMER BAYER PROPERTY) ............................................................ 19
11.I.3FACILITIES MAINTENANCE COMPLEX (SITE 2) – PROJECT
NO. 9820 – PARTIAL RELEASE OF RETAINAGE – PROCTOR
CONSTRUCTION AND DISTRIBUTION OF CONTINGENCY
FUNDS .......................................................................................................... 20
11.I.4.NORTH COUNTY REGIONAL PARK, PHASE II - PROJECT
NO. 0399 – CONSTRUCTION OF WATER AND SANITARY
SEWER FACILITIES – CONSTRUCTION PHASE
ENGINEERING SERVICES AGREEMENT – CARTER
ASSOCIATES, INC. ................................................................................... 20
June 8, 2004
4
11.I.5.NORTH COUNTY REGIONAL PARK, PHASE II – PROJECT
NO. 0399 – BARTH CONSTRUCTION, INC. – CHANGE ORDER
NO. 1 ............................................................................................................. 21
11.I.6.BEACH NOURISHMENT – SECTOR 7 (SOUTH COUNTY) –
MEET WITH STATE SENATOR KEN PRUITT AND STATE
REPRESENTATIVE STAN MAYFIELD ............................................... 21
11.I.7.SHOOTING RANGE – SHERIFF’S OFFICE ADDITION –
DESIGN CONSULTANT RANKING – NEGOTIATIONS WITH
CARTER ASSOCIATES, INC. AUTHORIZED .................................... 22
11.I.8.WATER’S EDGE SUBDIVISION HOMEOWNERS
ASSOCIATION – REQUEST FOR COUNTY TO ASSUME
OWNERSHIP AND MAINTENANCE OF THEIR PRIVATE
THST
ROAD, 35 SQUARE SW, SOUTH OF 1 STREET SW .................. 22
11.I.9.PELICAN ISLAND NATIONAL WILDLIFE REFUGE UPLAND
RESTORATION PROJECT – PROJECT 0386 – SITEWERKS,
INC. – CHANGE ORDER NO. 1 .............................................................. 23
11.I.10.GROVENOR ESTATES SUBDIVISION PAVING AND
THTH
DRAINAGE IMPROVEMENTS – 34 AVENUE SW AND 35
AVENUE SW INCLUDING INTERSECTING STREETS –
AS-BUILT RESOLUTION AND ASSESSMENT ROLL –
PROJECT #9918 ......................................................................................... 24
11.J.1.BID NO. 6058 - ANNUAL BID FOR WATER METERS
AWARDED TO HUGHES SUPPLY, INC. ............................................. 24
June 8, 2004
5
11.J.2.CARLL HEIGHTS SUBDIVISION PETITION WATER
THTH
SERVICE - 6 PLACE WEST OF 27 AVENUE – PROJECT
UCP-2448 ...................................................................................................... 25
11.J.3.INTERLOCAL AGREEMENT WITH ST. LUCIE COUNTY FOR
BIOSOLIDS MANAGEMENT AND RECYCLING (SLUDGE) ......... 25
11.J.4.SOUTH COUNTY WATER TREATMENT PLANT – RO SKIDS
#1 AND #2 – MEMBRANE VESSEL REPLACEMENT –
AMERICAN ENGINEERING SERVICES, INC. – RELEASE OF
FINAL PAYMENT ..................................................................................... 27
11.J.5.US#1 WATER MAIN LOOP – GROVE ISLE TO GARDEN
GROVE – UCP #2395 – BID AUTHORIZATION ................................. 27
12.A.COUNTY ATTORNEY – SCHEDULE “SHADE” MEETING TO
DISCUSS SETTLEMENT PROPOSALS IN LAWSUITS
BROUGHT BY PETRUS VERUS, L.L.C. AND S. K. VERO, L.L.C.
........................................................................................................................ 28
12.B.COUNTY ATTORNEY – BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA V. ATHANASIOS P. SEVASTOPOULOS AND
KATHLEEN SMITH SEVASTOPOULOS ............................................. 29
13.ACHAIRMAN CAROLINE D. GINN ........................................................ 29
13.B.VICE CHAIRMAN ARTHUR R. NEUBERGER .................................. 29
June 8, 2004
6
13.C.COMMISSIONER FRAN B. ADAMS – RECOGNITION OF
5-STAR RATING FOR INDIAN RIVER COUNTY SHOOTING
RANGE ......................................................................................................... 29
13.D.1.COMMISSIONER THOMAS S. LOWTHER – DISCUSSION
REGARDING THE COUNTY REQUIRING REFERENDUM
FOR SPENDING EXCEEDING $15,000,000 .......................................... 30
13.D.2.COMMISSIONER THOMAS S. LOWTHER – DISCUSSION OF
HOLDING A NIGHT COMMISSION MEETING ONE TUESDAY
A MONTH .................................................................................................... 30
13.E.COMMISSIONER KENNETH R. MACHT – LAND
ACQUISITION ADVISORY COMMITTEE UPDATE –
RESULTS OF VOTER OPINION SURVEY BY THE TRUST FOR
PUBLIC LAND ............................................................................................ 32
14.A.EMERGENCY SERVICES DISTRICT .................................................. 35
1.AMM4,2004 ................................................................ 36
PPROVAL OF INUTES OF AY
2.AFUSRS
CCEPTANCE OF LORIDA RBAN EARCH AND ESCUE UBGRANT
A ............................................................................................................. 36
GREEMENT
14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 36
1.AMM4,2004 ................................................................ 36
PPROVAL OF INUTES OF AY
2.AMM18,2004 .............................................................. 36
PPROVAL OF INUTES OF AY
3.BAB#6075OTR-C–M
ID WARD FOR ID PEN OP OLLOFF ONTAINERS AIN
L ................................................................................................................. 36
ANDFILL
4.RFQ6066–CSSWM
ONSULTING ERVICES FOR THE OLID ASTE ANAGEMENT
SF/RSF ............. 36
YSTEM AND ACILITIESECOMMENDATION FOR ELECTION OF IRMS
June 8, 2004
7
14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 37
1.AMA6,2004 .............................................................. 37
PPROVAL OF INUTES OF PRIL
2.RADSQ(J-M2004)................... 37
EPORT OF CTIVITIES URING ECOND UARTER ANAR
DOCUMENTS MADE PART OF THE RECORD – CITY OF SEBASTIAN
ANNEXATIONS ......................................................................................... 37
1.ASHBURY–ORD.O-04-03–APPROXIMATELY56ACRES(PARTOF
SEC.6,TWP31S,RGE39E) ................................................................................ 37
2.CROSSCREEK–ORD.O-04-07–APPROXIMATELY115ACRES(PART
OFSEC.30,TWP31S,RGE39E) ....................................................................... 37
3.SEBASTIANCROSSINGS–ORD.O-04-11–APPROXIMATELY60
ACRES(2PARCELSWITHINSEC.22,TWP31S,RGE38E) ......................... 37
4.RIVEROAKS–ORD.O-04-13-APPROXIMATELY152ACRES(2
PARCELSWITHINSEC.25,TWP31S,RGE38E) ........................................... 37
June 8, 2004
8
June 8, 2004
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 8, 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; and Patricia Ridgely, Deputy Clerk.
1. CALL TO ORDER
Chairman Ginn called the meeting to order.
2. INVOCATION
Pastor Ray Scent, Gathering of Devoted Servants, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE – MOMENT OF SILENCE IN
TH
TRIBUTE TO OUR LATE 40 PRESIDENT OF THE UNITED
STATES RONALD REAGAN
Commissioner Fran B. Adams led the Pledge of Allegiance to the Flag.
June 8, 2004
1
th
Chairman Ginn asked for a moment of silence in tribute to our 40 and longest
living President Ronald Reagan who passed away on June 5, 2004 at the age of 93. She then read
the verse of “America the Beautiful” while the music was played in the background.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Ginn requested the following changes to today’s Agenda:
Add 10.A. Status Report on the Impact Fee Study,
Defer 11.I.10. As-Built Resolution & Assessment Roll for Paving and Drainage
thth
Improvements to 34 Avenue SW and 35 Avenue SW Including the Intersecting
Streets in Grovenor Estates Subdivision, Project #9918,
Move 13.C.1. to 5.A., Recognition of 5-Star Rating for Indian River
County Shooting Range,
Additional backup for 13.E.1., a Letter from Talmage Rogers dated June 7, 2004.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously made the
above changes to the Agenda.
5.A. PROCLAMATIONS AND PRESENTATIONS –
RECOGNITION OF THE INDIAN RIVER COUNTY
SHOOTING RANGE AS A FIVE-STAR FACILITY
Moved from 13.C.1.
Holden Kriss, Indian River County Range Manager, detailed the requirements for a
shooting range to be considered for a five-star rating by the National Association of Shooting
June 8, 2004
2
Ranges (NASR). It was his goal to achieve a five-star rating when he came to Indian River
County. He presented the plaque to Chairman Ginn and the Board of County Commissioners for
display in the County Administration Building. (Clerk’s Note: A duplicate plaque is on display at
the Shooting Range.)
COPY OF PLAQUE IS ON FILE
WITH THE BACKUP FOR THIS MEETING
6.A.1. APPROVAL OF MINUTES – MAY 4, 2004
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of May 4, 2004. There were none.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
the Minutes of the Regular Meeting of May 4, 2004, as
written and distributed.
6.A.2. APPROVAL OF MINUTES – MAY 11, 2004
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of May 11, 2004. There were none.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
the Minutes of the Regular Meeting of May 11, 2004, as
written and distributed.
6.A.3. APPROVAL OF MINUTES – MAY 18, 2004
June 8, 2004
3
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of May 18, 2004. There were none.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
the Minutes of the Regular Meeting of May 18, 2004, as
written and distributed.
7. CONSENT AGENDA
7.A. R–FWCDM
EPORT ELLSMERE ATER ONTROL ISTRICT AP
The Fellsmere Water Control District Map has been received and is on file in the
office of the Clerk to the Board.
7.B. R-FWCDA
EPORT ELLSMERE ATER ONTROL ISTRICT NNUAL
B
UDGET
The Fellsmere Water Control District Annual Budget for FY 2004-2005 has been
received and is on file in the office of the Clerk to the Board.
7.C. AW
PPROVAL OF ARRANTS
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
the list issued by the Clerk to the Board for the period May
21-27, 2004, as recommended in the memorandum of May
27, 2004.
June 8, 2004
4
7.D. NCROC(B)
ORTH OUNTY EVERSE SMOSIS ONCENTRATE RINE
DL–MFDEP(F
ISCHARGE INE ODIFICATION OF LORIDA
DEP)R
EPARTMENT OF NVIRONMENTAL ROTECTION ESOLUTION
AET
GREEMENT FOR AN XTENSION OF IME
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
the Modification of the Resolution Agreement to Allow
Extensions of Time and authorized the Chairman to execute
the same, as recommended in the memorandum of May 21,
2004.
MODIFICATION OF RESOLUTION AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.E. SHIP(SHIP)FS-
TATE OUSING NITIATIVES ARTNERSHIP UNDS ET
AHHC–FY2004-2005
SIDE FOR ABITAT FOR UMANITY LIENTS
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
a set-aside of $607,203 of FY 2004/2005 SHIP funds for
Habitat for Humanity, to be used for down payment/closing
costs and impact fee loan assistance for HFH clients, as
recommended in the memorandum of May 27, 2004.
June 8, 2004
5
7.F. SP,I.–FPAC
UNTREE ARTNERS NC INAL LAT PPROVAL FOR ITRUS
SPDV“D”NO-H
PRINGS ILLAGE AND THE ORTH NEALF OF
V“F”
ILLAGE
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously granted
final plat approval for the Citrus Springs Village “D” and
the north one-half of Village “F” planned development,
authorized the Chairman to sign the contract for
construction of remaining required improvements, and
authorized the County Attorney to accept the financial
security that guarantees performance of the construction
contract, as recommended in the memorandum of May 21,
2004.
7.G. SCWP–W-FR
OUTH OUNTY ATER LANT ELLIELD EHABILITATION
P,PII–CO#1-LC
ROJECT HASE HANGE RDER AYNE HRISTENSEN
C
OMPANY
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
Change Order #1 in the amount of $13,626.54 and extended
the contract period by 45 days, as presented and as
recommended in the memorandum of May 25, 2004.
CHANGE ORDER IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
June 8, 2004
6
7.H. FCFBW–L2,B24,
LOODPLAIN UT AND ILL ALANCE AIVER OT LOCK
VLEU5A(KG)
ERO AKE STATES NIT NOWLES ARAGE
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously granted
the cut and fill balance waiver based on the criteria of
Section 930.07(2)(d)4, as recommended in the
memorandum of May 26, 2004. (Alternative No. 1)
7.I. UR-DCPW’
TILITY ELOCATIONS UE TO ONFLICTS WITH UBLIC ORKS
DP–R&BY41S–
ST
RAINAGE ROJECT OAD RIDGE ARD ON TREET
UCP#2465–GE.F-WA
EORGE RENCH ORK UTHORIZATION
DN.2001-087
IRECTIVE O
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
the utility relocation project at a total cost of $9,573.00, and
authorized the Chairman to execute Work Authorization
Directive No. 2001-087 to the Utilities Department Labor
Contractor authorizing payment of up to $6,124.60 to
George E. French, as recommended in the memorandum of.
May 25, 2004.
WORK AUTHORIZATION DIRECTIVE IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
June 8, 2004
7
7.J. GHOVBVIII,I.–FPA
ERO EACH NC INAL LAT PPROVAL FOR
ALTS
NTHEM AKES AT RILLIUM UBDIVISION
At the request of Vice Chairman Neuberger, Planning Division Director Stan Boling
explained plat-over–site-plan under which the developer sells the dirt under the unit.
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Lowther, the Board unanimously granted
final plat approval for Anthem Lakes at Trillium, as
recommended in the memorandum of May 28, 2004.
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
None.
9.A.1. PUBLIC HEARING - ORDINANCE NO. 2004-017 –
PARKWOOD LAND INVESTMENTS, INC. – REZONE 9.32
ACRES FROM A-1 TO RM-6 – NORTHEAST CORNER OF
THTH
66 AVENUE AND 26 STREET
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
In his presentation of this rezoning request for 9.32 acres from A-1 to RM-6,
Community Development Director Bob Keating reviewed the memorandum of May 19, 2004 in
the backup. Although he was unable to project his PowerPoint outline because of technical
difficulties, he did follow it and a copy has been filed with the backup. He displayed a site map
June 8, 2004
8
showing the location of the subject property and specified the zoning of the adjacent properties.
The subject property is located in an area deemed suited for low-density multiple-family uses.
Based on their analysis, staff has determined that the requested zoning is compatible with the
surrounding areas, is consistent with the comprehensive plan, meets all concurrency criteria, will
have no negative impacts on environmental quality, and meets all applicable rezoning criteria.
Director Keating specified that the Planning and Zoning Commission unanimously recommended
approval and concluded with staff’s recommendation for adoption of the ordinance.
In response to Commissioner Lowther’s question, Director Keating advised that the
th
intersection at 66 Avenue and SR-60 is programmed to be 6-lanes and staff is now in the
right-of-way acquisition stage for that project.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
Brian Heady,
Vero Beach, commented that rezoning agricultural zoning to
multi-family zoning is not good particularly because the public is concerned about the growth and
street expansion, yet “every week” the public hears the Board change agricultural parcels to a
higher density.
Peter Van Rens
Mr. , of Kimley-Horn and Associates, Inc. representing the
applicant, offered to answer questions. There were none.
The Chairman asked if anyone else wished to be heard with regard to this matter.
Hearing no response, the Chairman closed the public hearing.
ON MOTION by Commissioner Adams, SECONDED by
Vice Chairman Neuberger, the Board unanimously adopted
Ordinance No. 2004-017 amending the Zoning Ordinance
and the accompanying Zoning Map for approximately 9.32
June 8, 2004
9
thth
acres located at the northeast corner of 66 Avenue and 26
Street, from A-1, Agricultural District (up to 1 unit/5 acres)
to RM-6, Multi-Family Residential District (up to 6
units/acre); and providing codification, severability, and
effective date.
9.A.2. PUBLIC HEARING – RESOLUTION NO. 2004-057 AMENDING
DEVELOPMENT ORDER (D.O.) FOR GRAND HARBOR
DEVELOPMENT OF REGIONAL IMPACT (DRI) TO MODIFY
THE GRAND HARBOR MARINA BOAT SLIP CONDITIONS –
GHA GRAND HARBOR, LTD.
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Division Director Stan Boling began by advising of the background
information regarding this request to change one of the conditions of the development order
regarding boat slips. He recounted that at last week’s Board meeting when the public hearing
notice for this matter was read, it was requested that this should be reviewed by MANWAC
(Marine Advisory Narrows Watershed Action Committee) prior to coming to the Board for action.
th
He explained in detail how and why this was scheduled for the Board’s June 8 meeting. He
specified the Board could open the public hearing and continue it until after MANWAC considers
the matter or they could take action at this meeting. This matter was not on the MANWAC’s
th
agenda for their meeting of May 17, but it was reported to that committee during discussion on
modifications to the Manatee Protection Plan and there were no objections or concerns mentioned
at that time. Environmental & Code Enforcement Chief Roland DeBlois was at that meeting and
could respond to any questions.
June 8, 2004
10
Vice Chairman Neuberger recalled that Commissioner Lowther had wanted the
matter to go before MANWAC, but Commissioner Lowther responded that he had read the
MANWAC minutes and he no longer believed there was a need to delay action.
In response to Chairman Ginn’s inquiry, no other Board member expressed a
concern with proceeding with the presentation.
Director Boling continued his presentation, reviewed the memorandum of June 2,
2004 in detail and displayed a location map (page 83 of the backup) and an aerial photograph of the
marina while noting the existing boat slips and where additional slips would be placed. He
reviewed the history of the Grand Harbor development order (D.O.) and changes made since it was
issued. He explained the relationship between the cap on the number of boat slips and the fact that
initially there was no manatee protection plan (M.P.P.). The only decision today concerned the
number of boat slips and the request to remove the restriction to sailboats only from most of the
slips. Staff was in the process of reviewing the site plan application. He presented in detail the
criteria necessary to release the “sailboat only” restriction \[page 79 items a) through e)\], and
specified that all the conditions have been met in order to change the development order by a
resolution. The last two pages of the resolution set out seven (7) conditions which relate to such
matters as construction standards, manatee protection specifications, education, investigations on
some construction techniques, funding for marine enforcement overtime, a 10-year funding
requirement for enforcement of manatee speed zones on the Lagoon, and a provision for two slips
within the marina for law enforcement vessels. The Planning and Zoning Commission reviewed
this request and recommended 5-2 to approve the requested change with the conditions outlined in
staff’s report and for the Board to determine that this is not a substantial deviation. Of the 2
dissenting votes, one was a concern that through the long process some of the jurisdictional
comments might be different. The other concern was about quality of the water in the Indian River
Lagoon with more powerboat usage. He noted that the two tests for substantial deviation
thresholds are not tripped by this request. Staff, the P& Z, the Treasure Coast Regional Planning
Council, and the Department of Community Affairs have concluded that this is not a substantial
deviation. He also reviewed staff’s two-fold recommendation as set forth in the memorandum.
June 8, 2004
11
There were no questions.
The Chairman opened the public hearing and asked if anyone wished to be heard
with regard to this matter.
Barbara Hall
, of Greenberg Traurig, 1401 E. Las Olas Boulevard, in Ft.
Lauderdale, representing Grand Harbor, explained that this was the end of a 10-year process that
could not move forward until the MPP was adopted which was approved by the Florida Fish and
Wildlife Conservation Commission in 2002. They decided to go through all of the permitting
process before coming to the BCC for approval. This took longer than anyone expected but they
now had the sign-offs from every agency. She stated that this is an appropriate location and noted
that the number of slips has been reduced and that there is no sea grass to impact. The marina has
a record of being operated properly and has been designated as a clean marina by the State.
Brian Heady
stated that Grand Harbor has generally been good for this community.
He pointed out that one of the problems in the Lagoon is that sea grasses are disappearing because
of run-off. He faulted government for allowing developers to come in and do things that have had
a negative impact on the Lagoon.
Richard Baker
inquired how much these slips are selling for, and Chairman Ginn
ruled the question irrelevant. Mr. Baker was curious about enforcement and the indication that
Grand Harbor was willing to support it.
Ron Andrews,
representing Grand Harbor, advised that 168 boat slips are for rent;
there are 62 private slips in the marina subject to restrictions. The rate inside a secure marina is
$10/foot/month. They learned that the Sheriff’s Office has people on the water as well as FWC
and there is good enforcement, but the FWC was concerned there might be gaps in enforcement.
In working with the Sheriff’s office, it was determined that it would be most useful for Grand
Harbor to be able to fund overtime pay for officers, such as for holidays and weekends. They came
up with a plan to commit to $14,000 per year for overtime pay to the Sheriff’s Office for the next
10 years. That should fund roughly 400 hours of overtime per year. After that time the tax base
June 8, 2004
12
should be large enough to help support the additional enforcement effort. Within the marina, there
is an educational program for the boaters to make sure they understand the MPP and make sure our
captains are responsible and know the waterways.
The Chairman asked if anyone else wished to be heard regarding this matter.
Hearing none, the Chairman closed the public hearing.
Commissioner Macht thought it would be naïve to say this is not an intensification
of use where it should be avoided. The lack of sea grass is a result of various pollutants; there is
minimal flushing action in the Lagoon. We continue to have problems with shoreline erosion and
unsafe conditions for smaller boats, both caused by the wakes of large powerboats. This marina’s
location, a great fishing spot, was called the Gifford Fingers. When the marina project first came
along it was to remain open for fishermen. He thought the marina should remain with the previous
allocations.
Although Vice Chairman Neuberger would normally agree with Commissioner
Macht’s sentiments, he noted that the other regulating agencies had no objections.
Commissioner Lowther agreed with Vice Chairman Neuberger.
Chairman Ginn pointed out that sailboats usually have motors and most often she
sees them under power in the Lagoon.
Commissioner Adams noted that because the river is so shallow there is a limited
use of sailboats. Powerboats on the river will always be controversial but they can still be
launched on ramps and use the river. Because this has come through the whole review process and
she has seen empty slips that do not attract sailboat owners, she believed the Board should grant
approval.
ON MOTION by Commissioner Adams, seconded by
Commissioner Lowther, the Board by a vote of 3-2
(Chairman Ginn and Commissioner Macht opposed)
June 8, 2004
13
determined that the request does not constitute a substantial
deviation and adopted Resolution No. 2004-057 amending
the Development Order (D.O.) approved by the Board of
County Commissioners for the Grand Harbor Development
of Regional Impact (DRI), all as recommended in the
memorandum of June 2, 2004.
9.B.1. PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM
BRIAN T. HEADY REGARDING QUALITY OF LIFE, THE
TAX BURDEN, AND EXPENDITURES
Brian Heady
, Vero Beach, commented that Presidents Harry Truman and Ronald
Reagan were known for speaking their minds but speaking out has gotten him arrested. He then
commented on the Sunshine Law and the need for the Board to have noticed meetings. He
thrd
recounted the special evening meeting of May 17 and the Board’s decision not to widen 43
Avenue to 5 lanes but, without notice, at the last meeting that decision was changed. He suggested
they look at the problems already created by widening roads in other areas of the county.
When Chairman Ginn advised Mr. Heady that he had used up his time, he quoted
Article 1, Section 5, of the Florida Constitution that allows citizens to instruct their representatives.
County Attorney Collins stated that Mr. Heady has that right and that the County
Commission has the right to set time limits.
Mr. Heady continued to argue his rights and the Chairman ruled him out of order and
directed him to relinquish the podium.
9.B.2. PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM
FRANK L. ZORC REGARDING GROWTH COMMENTS IN
THE SURVEY RESULTS ON THE $50,000,000 BOND ISSUE
June 8, 2004
14
Frank Zorc
, a resident of Indian River County for 45 years, noted that later on their
agenda, the Commissioners would be asked to decide whether to accept or reject a
recommendation from the Land Acquisition Advisory Committee (LAAC) for a referendum on a
new land acquisition bond issue. He stated that the recommendation comes from an only partially
revealed public survey response from 400 inquiries and he alleged that might constitute a serious
violation of Florida sunshine laws. No matter what action the Board takes on the LAAC bond
issue, he begged their consideration to put growth and development on for a referendum, as
follows: 1. Leave all growth rules alone; 2. Take every step to reduce density and growth, and 3.
Record referenda for any increase in construction height or density increases by any means.
9.C. PUBLIC NOTICE ITEMS
9.C.1.SPHJ15,2004–
CHEDULED FOR UBLIC EARING ON UNE
MIRCMP
ODIFICATIONS TO NDIAN IVER OUNTY ANATEE ROTECTION
BSCMP
AND OATING AFETY OMPREHENSIVE ANAGEMENT LAN
(MPP)
June 8, 2004
15
9.C.2.SPHJ22,2004–
CHEDULED FOR UBLIC EARINGS ON UNE
A.AOIAVCC
N RDINANCE MPLEMENTING RTICLE OURT OST
SBSC
HIFTS ETWEEN THE TATE AND OUNTY
B.AORFP/F
N RDINANCE ELATING TO IRE ROTECTIONIRE
P
REVENTION
9.C.3.SPHJ22,2004–R
CHEDULED FOR UBLIC EARING ON UNE EQUEST
R75.10ALE66A
TH
TO EZONE CRES OCATED AST OF VENUE
B4945SA-1,A–1
THTH
ETWEEN AND TREETS FROM GRICULTURAL
D(1/5)RS-3,S-F
ISTRICT UP TO UNIT ACRES TO INGLEAMILY
RD(3/)VB
ESIDENTIAL ISTRICT UP TO UNITSACRE BY ERO EACH
DI,LLC,O-DS.K,PE,A
EVELOPMENT WNER AVID NIGHT GENT
The Chairman read the above notices into the record.
10. COUNTY ADMINISTRATOR – IMPACT FEE STUDY STATUS
REPORT
County Administrator Baird reviewed his memo of June 4 advising that staff will be
ready on schedule to make their recommendations to the Board in July on 7 of the impact fee
categories. The School District, however, first had to get their five-year capital plan approved
(which now has been done) and will need another eight weeks before their public school impact
fee study is completed. He advised that it was the Board’s option whether to proceed with the 7 or
wait for the School District and consider all 8 at the same time.
Chairman Ginn preferred to do all together and Vice Chairman Neuberger suggested
moving forward with the 7 now.
June 8, 2004
16
County Administrator Baird was concerned that if the Board does it now they will
not get the whole picture.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Macht, the Board unanimously agreed to
extend the original four-month deadline by another eight
weeks (end of August or beginning of September).
11.C.1. ADDITIONAL ELECTRICAL SERVICES TO SEPARATE OLD
FELLSMERE SCHOOL FROM FELLSMERE CITY HALL
AND PUBLIC WORKS FACILITY – BIP DIPIETRO
ELECTRIC, INC.
ON MOTION by Commissioner Adams, SECONDED by
Vice Chairman Neuberger, the Board unanimously
authorized the additional electrical work be included as a
change order to the existing contract for lump sum payment
of $9,765, to Bip DiPietro Electric, Inc., payable from State
Grant funds providing for the separation of identified
electrical services, as recommended in the memorandum of
June 1, 2004.
PROPOSAL (AUTHORIZATION) IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
June 8, 2004
17
11.C.2. POTENTIAL SALE/PURCHASE OF LAND ADJACENT TO
COURTHOUSE PARKING GARAGE – GARY LOTT – LOT 6,
BLOCK 44, ORIGINAL TOWN OF VERO SUBDIVISION –
PLAT BOOK 2, PAGE 12
MOTION WAS MADE by Commissioner Adams,
SECONDED by Commissioner Macht, to approve staff’s
recommendation in the memorandum dated May 26, 2004.
Under discussion, Vice Chairman Neuberger asked if the Board wanted to make a
counter offer, and Commissioner Macht responded that there would be no benefit from a counter
offer since the asking price was too high.
The Chairman CALLED THE QUESTION and the motion
carried by a 4-1 vote (Vice Chairman Neuberger opposed).
(The Board determined to take no action and thank Mr. Lott
for his offer to sell his property to the County.)
TH
11.I.1. 26 STREET BRIDGE REPLACEMENT OVER RANGE LINE
TH
CANAL – 74 AVENUE – IRC PROJECT NO. 0378 – CHANGE
ORDER NO 3 – SHELTRA & SON CONSTRUCTION
COMPANY, INC.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
Change Order No. 3 to the contract with Sheltra and Son
June 8, 2004
18
Construction Company, Inc., for an increase in contract
cost of $57,230.00, and an increase in contract time of 8
calendar days, and directed the Chairman to execute same,
as recommended in the memorandum of May 25, 2004.
CHANGE ORDER NO. 3 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.2. NORTH LAKE SUBDIVISION RIGHT-OF-WAY – NEWPORT
NORTH HOLDINGS, LLC - DEVELOPER’S AGREEMENT
(FORMER BAYER PROPERTY)
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Adams, the Board unanimously approved
the agreement with Newport North Holdings, LLC, and
authorized the Chairman to execute same, as recommended
in the memorandum of May 25, 2004. (Funding for
right-of-way shall be from fund 315, one-cent local option
sales tax.)
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
June 8, 2004
19
11.I.3 FACILITIES MAINTENANCE COMPLEX (SITE 2) –
PROJECT NO. 9820 – PARTIAL RELEASE OF RETAINAGE –
PROCTOR CONSTRUCTION AND DISTRIBUTION OF
CONTINGENCY FUNDS
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Adams, the Board unanimously
approved Application for Payment No. 15 (revised) which
releases 95% of the retainage on Site 2, in the amount of
$438,631.19 and authorized the transfer of the County’s
share of the unspent contingency funds from Site 2 to Site 1
in the amount of $28,705.13, as recommended in the
memorandum dated May 12, 2004.
APPLICATION WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
11.I.4. NORTH COUNTY REGIONAL PARK, PHASE II - PROJECT
NO. 0399 – CONSTRUCTION OF WATER AND SANITARY
SEWER FACILITIES – CONSTRUCTION PHASE
ENGINEERING SERVICES AGREEMENT – CARTER
ASSOCIATES, INC.
ON MOTION by Commissioner Lowther, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved the Construction Phase Engineering Services
June 8, 2004
20
Agreement with Carter Associates, Inc. and authorized the
Chairman to execute same, as recommended in the
memorandum dated May 11, 2004.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.5. NORTH COUNTY REGIONAL PARK, PHASE II – PROJECT
NO. 0399 – BARTH CONSTRUCTION, INC. – CHANGE
ORDER NO. 1
ON MOTION by Commissioner Adams, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved Change Order No. 1 to the contract with Barth
Construction, Inc. for a reduction in contract amount of
$385,476.82 and directed the Chairman to execute same, as
recommended in the memorandum dated June 1, 2004.
(The overall project cost would be reduced by $1,078.74.)
CHANGE ORDER IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.6. BEACH NOURISHMENT – SECTOR 7 (SOUTH COUNTY) –
MEET WITH STATE SENATOR KEN PRUITT AND STATE
REPRESENTATIVE STAN MAYFIELD
June 8, 2004
21
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously approved
staff meeting with the County’s State Legislative
Delegation to explain the beach nourishment project for
Sector 7, as recommended in the memorandum of June 1,
2004.
11.I.7. SHOOTING RANGE – SHERIFF’S OFFICE ADDITION –
DESIGN CONSULTANT RANKING – NEGOTIATIONS WITH
CARTER ASSOCIATES, INC. AUTHORIZED
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Adams, the Board unanimously
approved contract negotiations be initiated with the
top-ranked firm, Carter Associates, Inc., as recommended
in the memorandum of May 27, 2004. (Project is to be
funded by the Sheriff’s Department.)
11.I.8. WATER’S EDGE SUBDIVISION HOMEOWNERS
ASSOCIATION – REQUEST FOR COUNTY TO ASSUME
OWNERSHIP AND MAINTENANCE OF THEIR PRIVATE
THST
ROAD, 35 SQUARE SW, SOUTH OF 1 STREET SW
MOTION WAS MADE BY Commissioner Adams,
SECONDED by Commissioner Lowther, to approve staff’s
recommendation.
June 8, 2004
22
Under discussion, Vice Chairman Neuberger asked how we would know that the
construction is equal to what the County would normally do on such a project.
Public Works Director James Davis noted that even though Water’s Edge is a fairly
new subdivision and the roads were platted privately, the roads were scrutinized by Public Works
staff. The design engineer also had to certify that the roads and all infrastructure were built in
accordance with County standards. We received density reports, the certification from the PE who
designed it, and staff was watching the construction. We require them to call us prior to the base
going in and the asphalt going on and inspections are scheduled. He was confident that the roads
were put in according to County standards. There are a couple of very minor defects that the
property owners have agreed to correct.
The Chairman CALLED THE QUESTION and the Board
unanimously approved the motion. \[The County
Attorney’s office was authorized to prepare the appropriate
th
documents to assume ownership of 35 Square SW, as
recommended in the memorandum of June 1, 2004.
(Alternative #1) (When all documents are properly
executed and the funds for repair are submitted, the County
shall accept ownership and maintenance.)\]
11.I.9. PELICAN ISLAND NATIONAL WILDLIFE REFUGE UPLAND
RESTORATION PROJECT – PROJECT 0386 – SITEWERKS,
INC. – CHANGE ORDER NO. 1
ON MOTION by Commissioner Adams, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved Change Order No. 1 to the contract with
June 8, 2004
23
Sitewerks, Inc. and directed the Chairman to execute same,
as recommended in the memorandum of June 2, 2004.
(Funding as set forth in the memorandum.)
CHANGE ORDER NO. 1 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.10. GROVENOR ESTATES SUBDIVISION PAVING AND
THTH
DRAINAGE IMPROVEMENTS – 34 AVENUE SW AND 35
AVENUE SW INCLUDING INTERSECTING STREETS –
AS-BUILT RESOLUTION AND ASSESSMENT ROLL –
PROJECT #9918
Deferred.
11.J.1. BID NO. 6058 - ANNUAL BID FOR WATER METERS
AWARDED TO HUGHES SUPPLY, INC.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously awarded
Bid #6058 to Hughes Supply, Inc. representing Master
Meter, Inc., as the lowest and most responsive bidder
meeting the technical criteria as set forth in the Invitation to
Bid; established an open end contract for the period of May
1, 2004 through September 30, 2004, with Hughes; and
authorized the Purchasing Manager to renew this contract
for two (2) additional one-year periods, subject to
June 8, 2004
24
satisfactory performance, zero cost increase, bidder
acceptance and the determination that renewal of this
annual contract is in the best interest of Indian River
County, as recommended in the memorandum dated May
21, 2004.
11.J.2. CARLL HEIGHTS SUBDIVISION PETITION WATER
THTH
SERVICE - 6 PLACE WEST OF 27 AVENUE – PROJECT
UCP-2448
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Lowther, the Board unanimously approved
the above-listed project, authorized the Utilities
Department to proceed with the engineering design work
and negotiate a contract for survey services with one of the
approved survey consultants, in preparation for the special
assessment project, as recommended in the memorandum
dated May 18, 2004.
11.J.3. INTERLOCAL AGREEMENT WITH ST. LUCIE COUNTY
FOR BIOSOLIDS MANAGEMENT AND RECYCLING
(SLUDGE)
MOTION WAS MADE by Commissioner Lowther,
SECONDED by Vice Chairman Neuberger, to approve
staff’s recommendation.
June 8, 2004
25
Under discussion, Chairman Ginn was very pleased to see this coming forward. She
had discussed parts of this proposed draft agreement with County Administrator Baird and Utility
Services Director Erik Olson and she believed they understood what she perceived as problems.
She wanted to send the message to St. Lucie County that the Board is very much in favor of an
interlocal agreement but with the understanding that some modifications are necessary.
Utility Services Director Erik Olson explained that this draft agreement is before
them so St. Lucie County can determine the number of participants in order to figure costs. Staff
plans to take this to the July 1st Utility Advisory Committee meeting and then bring back the final
th
version to the July 15 Board meeting. He understood other participants, such as the City of Vero
Beach, are waiting to see what the County decides.
Vice Chairman Neuberger reported that members of the Gifford Progressive League
are extremely pleased.
County Administrator Baird suggested the Board approve this agreement in concept
and allow staff to make changes
MOTION WAS AMENDED by Commissioner Lowther,
and ACCEPTED by Vice Chairman Neuberger, to approve
the draft agreement in concept and direct staff to make the
necessary changes.
Once all agreements are in place, it will be 24 months before St. Lucie County will
be able to accept sludge. Indian River County is the key and major participant in this process.
The Chairman CALLED THE QUESTION and it carried
unanimously. (The Board unanimously approved the draft
agreement in concept as presented in the memorandum of
May 24, 2004; directed that the agreement be reviewed by
the Utilities Advisory Committee; directed staff to make
June 8, 2004
26
the necessary changes; and the final agreement will be
brought back for the Board’s approval.)
11.J.4. SOUTH COUNTY WATER TREATMENT PLANT – RO SKIDS
#1 AND #2 – MEMBRANE VESSEL REPLACEMENT –
AMERICAN ENGINEERING SERVICES, INC. – RELEASE OF
FINAL PAYMENT
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
final payment in the total amount of $32,447.35 to
American Engineering Services, Inc., as recommended in
the memorandum dated June 1, 2004.
DOCUMENTATION WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
11.J.5. US#1 WATER MAIN LOOP – GROVE ISLE TO GARDEN
GROVE – UCP #2395 – BID AUTHORIZATION
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Lowther, the Board unanimously
approved a project to construct a ½ mile section of 12”
diameter water main along US#1 to complete a loop and
eliminate a dead end situation in the south part of the
county at a total cost of $265,000 and authorized the project
June 8, 2004
27
be put out for construction bid, as recommended in the
memorandum dated June 1, 2004.
12.A. COUNTY ATTORNEY – SCHEDULE “SHADE” MEETING TO
DISCUSS SETTLEMENT PROPOSALS IN LAWSUITS
BROUGHT BY PETRUS VERUS, L.L.C. AND S. K. VERO,
L.L.C.
County Attorney Collins explained that these two cases are related to two rezoning
requests for properties southwest of the Outlet Mall. A settlement offer has been made in each
case and he requested that the Commissioners meet in a “shade” meeting to discuss the settlement
proposals. He requested the time be set for Tuesday, June 15, 2004 at 11:30 a.m. so a court
reporter can be scheduled.
Commissioner Adams specified that she might be in Tallahassee and asked if she
might participate by telephone. County Attorney Collins believed that could be arranged.
ON MOTION by Vice Chairman Neuberger, SECONDED
by Chairman Ginn, the Board unanimously approved an
attorney-client session on June 15, 2004 at 11:30 a.m. to
discuss a settlement proposal in the cases of Petrus Verus,
L.L.C. v Indian River County and S.K. Vero, L.L.C. v
Indian River County, as recommended in the memorandum
of June 2, 2004.
June 8, 2004
28
12.B. COUNTY ATTORNEY – BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA V. ATHANASIOS P. SEVASTOPOULOS AND
KATHLEEN SMITH SEVASTOPOULOS
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously authorized
Indian River County to join in the complaint by the Board
of Trustees of the Internal Improvement Trust Fund of the
State of Florida against Athanasios P. Sevastopoulos and
Kathleen Smith Sevastopoulos, as recommended in the
memorandum dated June 2, 2004.
13.A CHAIRMAN CAROLINE D. GINN
None.
13.B. VICE CHAIRMAN ARTHUR R. NEUBERGER
None.
13.C. COMMISSIONER FRAN B. ADAMS – RECOGNITION OF
5-STAR RATING FOR INDIAN RIVER COUNTY SHOOTING
RANGE
Moved, see Item 5.A.
June 8, 2004
29
13.D.1. COMMISSIONER THOMAS S. LOWTHER – DISCUSSION
REGARDING THE COUNTY REQUIRING REFERENDUM
FOR SPENDING EXCEEDING $15,000,000
Commissioner Lowther wanted to discuss having a referendum on any spending for
projects costing over $15 million such as issues like the Dodgers and the new County
Administration Building. He suggested directing staff to report on it.
Chairman Ginn was quite concerned about governing by referendum.
County Administrator Baird warned this could be problematic on projects already in
the works and we might easily get into trouble with regulations. He further cautioned this could
slow County government down to a halt and he thought the Commissioners did not want that to
occur.
Commissioner Adams did not favor government by referendum and pointed out that
is why we have public hearings on issues and that the cost of a referendum would have to be
plugged into the cost of the project. She suggested figuring out a way to make the process easier
and less scary for the average citizen to stand before a group of people. The controversy pops up
after the wheels are in motion.
Vice Chairman Neuberger understood that many of these decisions are made at
budget time and the public regrettably does not show up. The staff plans out for 10 years and it is
too late to have a referendum.
Discussion continued with no action taken.
13.D.2. COMMISSIONER THOMAS S. LOWTHER – DISCUSSION OF
HOLDING A NIGHT COMMISSION MEETING ONE
TUESDAY A MONTH
June 8, 2004
30
Commissioner Lowther advocated one Board meeting at night per month and
suggested the second Tuesday of each month at 6:30 p.m. when there would be no conflict and
meeting could be televised live on the government channel.
Chairman Ginn cautioned this would be tough on staff because there are other
evening committee meetings they must attend, and Commissioner Lowther suggested staff could
stagger their working hours.
County Attorney Collins suggested they start in July, but County Administrator
Baird thought it would be better to start after July since there already will be extra meetings in July
with budget workshops.
County Administrator Baird understood this came up as a result of the concerns
about growth and perhaps by televising the Planning and Zoning Commission meetings that occur
at night, people would be more aware of what is coming along.
Discussion ensued. It was suggested that meetings be business as usual and provide
for a cutoff time. Also, staff would look at televising P & Z meetings to get more information to
the public.
County Attorney Collins advised they will have to prepare an ordinance to amend
the Code.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Macht, the Board unanimously directed the
County Attorney to prepare an ordinance to amend the
Code to provide that the Board of County Commissioners
will hold their regular meeting on the second Tuesday of
each month at 6:30 p.m. (Clerk’s Note: Ordinance No.
2004-023, adopted July 20, 2004, amending Section 102.01
to provide for one night time meeting per month on the
second Tuesday of each month commencing at 6:00 p.m.
beginning September 14, 2004.)
June 8, 2004
31
Chairman Ginn called a 5-minute recess at 10:40 a.m. The Meeting was reconvened
at 10:48 a.m.
13.E. COMMISSIONER KENNETH R. MACHT – LAND
ACQUISITION ADVISORY COMMITTEE UPDATE –
RESULTS OF VOTER OPINION SURVEY BY THE TRUST
FOR PUBLIC LAND
Commissioner Macht listed the properties acquired under the current land
acquisition bond issue and specified that a total of 5,456 residential units were taken out of
development by purchases using the previous LAAC bond issue funds. This indicates that it does
have a significant effect on development and densities.
Chief of Environmental & Code Enforcement and LAAC advisor Chief Roland
DeBlois recounted the Board’s direction to have LAAC review the concept of going to voters in
November on a bond referendum for additional funds. Since then, there have been two public
workshops, an informal questionnaire in the local newspaper for public response, and the Trust for
Public Land’s opinion poll which the BCC has accepted as statistically valid. Their results were
reported to the LAAC at its last meeting. The poll was just one tool for the Board to utilize in
making their decision about putting this on the ballot in November. LAAC has looked at various
draft ballot language and we need to finalize the ballot language for the Supervisor of Elections
this month. The LAAC has considered this and staff has refined some aspects of the language.
Staff was looking for a direction from the Board how to finalize the ballot language. Staff would
come back in the near future with a formal resolution to send over to the Supervisor of Elections.
Mr. DeBlois displayed a ballot question on the overhead that had been approved by
the LAAC. Mr. Will Abberger of the Trust for Public Land has recommended inclusion of certain
points on the ballot based on the results from the poll. One of the main areas of LAAC’s
discussion was the appropriateness of the language “over-development prevention” being on the
June 8, 2004
32
ballot. Opinions as to appropriateness were mixed and might be an explanation for the split vote.
Another point, the bond issue of 1992 focused on environmental significance and now we are
considering inserting components for cultural heritage or historic sites and also agricultural lands
primarily through the purchase of development rights. Those three components are in this ballot
language. He then displayed the June 2, 2004 Revision (page 344 in the backup) which had been
proposed working with bond counsel and the Trust for Public Lands.
Mr. DeBlois then read and reviewed the reasoning behind the question from page
344. It was determined that the reference to an annual independent audit be left in.
There were no questions.
MOTION WAS MADE by Commissioner Macht,
SECONDED by Commissioner Adams, to approve the use
of the June 2, 2004 Revision proposed ballot question as
revised by Indian River County bond counsel.
Under discussion, Commissioner Adams favored inclusion of agricultural lands
because it gives the opportunity to purchase land and allows land to remain in agriculture.
Chairman Ginn countered that to her it is a development right and this does not
explain that, but Commissioner Adams responded that the County has not used it as a tool yet and
this gives us the opportunity.
Commissioner Macht spoke in favor of the bond issue question as stated. He
thought the majority of properties would be bought in fee simple with a priority on pristine lands
that have not been developed and, in some cases, restoring some that have been.
Mr. DeBlois stated staff’s position that evaluation criteria for consideration of
agricultural land should be developed in the time leading up to the referendum. He specified that
anyone from the public may nominate a property at any time under the current guidelines.
Chairman Ginn opened the floor for public comment even though this was not a
public hearing.
June 8, 2004
33
Tom Rice
, 908 Coquina Lane, on behalf of Indian River Neighborhood Association,
expressed its strong support of the LAAC bond and a referendum and urged the Board to let the
public decide this important issue.
rds
Ralph Sexton
, a cattle rancher, pointed out that we have lost about 2/3 of all the
agricultural land in the county and every day another subdivision goes in and another grove or
pasture goes out. Developers have sold 5 acre ranchettes (west of the urban service area). Zoning
can no longer protect our agriculture, the only way for the County to protect some of the
agricultural land is to buy the developer’s rights. He urged the Commissioners’ approval.
Jim Granse
, 36 Pine Arbor Lane, inquired if matching funds are available for
agricultural, historic, or cultural lands, and Mr. DeBlois responded affirmatively, adding that new
legislation has been adopted to promote the preservation of agricultural lands.
Mr. Granse
suggested a letter of June 7, 2004 from Talmage Rogers (a LAAC
member) be read to the public, and Chairman Ginn replied it was too long to read but a copy was
sent to the Press Journal.
Mr. Granse
thought this issue was not clear to the public.
Chairman Ginn thought a brochure should be mailed to all households as was done
with the first bond issue to explain this.
Frank Coffey
, 1200 Admirals Walk, supported a referendum but also thought the
public should be fully informed of all the facts including all costs. He also thought the public
should know there is no public access to some of the properties and that there is still $21 million to
pay on the first two bond issues. He supported going forward to a referendum but did not
necessarily support the different ways the money could be used.
Vice Chairman Neuberger asked for clarification on the remaining indebtedness.
County Administrator Baird specified that the $15 million issue will be paid off in
2010 and it has $7.8 million remaining on principal. The second $11 million issue will be paid off
in 2016 and the amount owed is $10,520,000 on principal.
June 8, 2004
34
Dr. Richard Baker
, President of the Audubon Society, complimented Mr. DeBlois
for a terrific job in this process and commented that he has not gotten the recognition he deserves.
He thought Indian River County has one of the best programs in the state and Mr. DeBlois is the
key person. We have also had extremely good counsel and paid low interest. He recommended
approval of the June 2 bond counsel’s version.
th
Ruth Stanbridge
County Historian, 4835 66 Avenue, urged the Board to put the
nd
June 2 version on the ballot and to add the Jones Pier property to the list of properties for
acquisition.
Mr. DeBlois asked that Mrs. Stanbridge get information to him on Jones Pier. (A
copy of the Historical Society Inc.’s letter of May 28, 2004 was given to him and is on file with the
backup.)
Commissioner Macht urged the public be told of the many success stories on
properties the County has already acquired with bond funds and also the significance of each.
Bob Johnson
, Coral Wind Subdivision, thought it was great that the public will
have an opportunity to vote on this bond issue.
Tom Lowe
, 9115 Massey Road in Wabasso, president of the Indian River Land
Trust, echoed the comments of Mrs. Stanbridge and Dr. Baker. The Land Trust now has 600
nd
members and also approves of the June 2 bond issue language. He hoped the Board would spend
the time and money to ensure the public is informed about this referendum.
nd
Chairman Ginn recounted that the motion was to approve the June 2 ballot
language proposed by bond counsel.
The Chairman CALLED THE QUESTION and the motion
nd
carried unanimously. (June 2 revision proposed ballot
question on page 344 of the backup approved.)
14.A. EMERGENCY SERVICES DISTRICT
June 8, 2004
35
1.AMM4,2004
PPROVAL OF INUTES OF AY
2.AFUSRS
CCEPTANCE OF LORIDA RBAN EARCH AND ESCUE UBGRANT
A
GREEMENT
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 to be appended to this document.
14.B. SOLID WASTE DISPOSAL DISTRICT
1.AMM4,2004
PPROVAL OF INUTES OF AY
2.AMM18,2004
PPROVAL OF INUTES OF AY
3.BAB#6075OTR-C
ID WARD FOR ID PEN OP OLLOFF ONTAINERS
–ML
AIN ANDFILL
4.RFQ6066–CSSW
ONSULTING ERVICES FOR THE OLID ASTE
MSF/R
ANAGEMENT YSTEM AND ACILITIESECOMMENDATION FOR
SF
ELECTION OF IRMS
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 to be appended to
this document.
June 8, 2004
36
14.C. ENVIRONMENTAL CONTROL BOARD
1.AMA6,2004
PPROVAL OF INUTES OF PRIL
2.RADSQ(J-M
EPORT OF CTIVITIES URING ECOND UARTER ANAR
2004)
The Chairman announced that immediately upon adjournment of the Solid Waste
Disposal District Meeting, the Board would reconvene as the Board of Commissioners of the
Environmental Control Board. Those Minutes are being prepared separately and are to be
appended to this document.
DOCUMENTS MADE PART OF THE RECORD – CITY OF SEBASTIAN
ANNEXATIONS
1.ASHBURY–ORD.O-04-03–APPROXIMATELY56ACRES
(PARTOFSEC.6,TWP31S,RGE39E)
2.CROSSCREEK–ORD.O-04-07–APPROXIMATELY115
ACRES(PARTOFSEC.30,TWP31S,RGE39E)
3.SEBASTIANCROSSINGS–ORD.O-04-11–
APPROXIMATELY60ACRES(2PARCELSWITHINSEC.22,
TWP31S,RGE38E)
4.RIVEROAKS–ORD.O-04-13-APPROXIMATELY152ACRES
(2PARCELSWITHINSEC.25,TWP31S,RGE38E)
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
June 8, 2004
37
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 11:38 a.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman
Minutes Approved: _________________
BCC/PR/2004 Minutes
June 8, 2004
38