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INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JULY 13, 2004
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE...................................................................... 1
INTRODUCTION OF DIGNITARIES ........................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS ............................................................................................................ 2
5.PROCLAMATIONS AND PRESENTATIONS ....................................... 3
5.A.PPDMJ2004
RESENTATION OF ROCLAMATION ESIGNATING THE ONTH OF ULY
RPM ..........................................................................3
AS ECREATION AND ARKS ONTH
5.B.PIRCCC
RESENTATION BY THE NDIAN IVER OUNTY HAMBER OF OMMERCE
REDT .............................................3
EGARDING CONOMIC EVELOPMENT AND OURISM
6.APPROVAL OF MINUTES ........................................................................ 5
JULY 13, 2004
1
7.CONSENT AGENDA ................................................................................... 5
7.A.AW ...........................................................................................5
PPROVAL OF ARRANTS
7.B.AW ...........................................................................................6
PPROVAL OF ARRANTS
7.C.R2004-074–DIRCG
ESOLUTION ISSOLVING THE NDIAN IVER OUNTY ROWTH
TF(GTF) ....................................................................................................6
ASK ORCE
7.D.B&A,I--WON.1AC
URDETTE SSOCIATES NC ORK RDER O TO NNUAL ONTRACT
SM-FPR
FOR URVEYING AND APPING INAL AYMENT AND ELEASE OF
R-8S74ARD
THTH
ETAINAGE TREET AND VENUE OADWAY ESIGN AND
I-PN.03-107 .......................................................................6
MPROVEMENT ROJECT O
7.E.KE-FP–WS/M
INGSWOOD STATES INAL AYMENT ATER ERVICESETERS
R–GE.F .......................................................................7
EPLACEMENT EORGE RENCH
7.F.HUD(HUD)G-RT
OUSING AND RBAN EVELOPMENT RANTS ENEWAL OF WO
PF–TCHSC,
REVIOUSLY UNDED REASURE OAST OMELESS ERVICES OUNCIL
I.–HFC,I. ...................................................................7
NC OMELESS AMILY ENTER NC
7.G.U.S.DHUD(HUD)-
EPARTMENT OF OUSING AND RBAN EVELOPMENT
ASGASPC
UTHORIZATION TO IGN RANT GREEMENTS FOR HELTER LUS ARE
GAHMIS
RANT GREEMENT AND OMELESS ANAGEMENT NFORMATION YSTEM
A-TCHSC,I. ...................8
GREEMENT REASURE OAST OMELESS ERVICES OUNCIL NC
7.H.SD,I.–DLPII-FP
UNLAND EVELOPMENT NC IAMOND AKE HASE INAL LAT
A ...................................................................................................................8
PPROVAL
7.I.BSPAC–A
EACH AND HORE RESERVATION DVISORY OMMITTEE PPOINTMENT
DSTL ..........................................................9
OF EENA MITH TO REPLACE OM OWTHER
9.A.1.PUBLIC HEARING – JAMES & DEE BROWN’S REQUEST FOR
ST
ABANDONMENT OF THE PORTION OF 21 LANE BETWEEN
TH
98 AVENUE AND THE HOUSTON-TEXAS GAS AND OIL
CORPORATION PERMANENT EASEMENT (PIPELINE
CORRIDOR) –VERO TROPICAL GARDENS (LEGISLATIVE) ....... 9
9.B.1.PUBLIC DISCUSSION ITEM – BRIAN HEADY – PUBLIC
ANSWERS TO QUESTIONS ABOUT PUBLIC UTILITIES .............. 11
JULY 13, 2004
2
9.B.2.PUBLIC DISCUSSION ITEM – ADRIENE CUFFE AND DIAN
GEORGE – ROAD WIDENING PROJECTS ........................................ 12
9.B.3PUBLIC DISCUSSION ITEM – JOHN T. WILLIAMS –
PROPOSED AMENDMENT TO MARTIN COUNTY
COMPREHENSIVE LAND USE PLAN TO REQUIRE A SUPER
MAJORITY APPROVAL AND A COUNTY-WIDE
REFERENDUM FOR ADOPTION OF A PROPOSED
AMENDMENT THAT INVOLVES A CRITICAL ISSUE................... 13
RD
9.B.4PUBLIC DISCUSSION ITEM – JERRY SWANSON – 43
AVENUE WIDENING PROJECT ........................................................... 14
9.C.PUBLIC NOTICE ITEM - SCHEDULED FOR PUBLIC
HEARING ON JULY 20, 2004 .................................................................. 14
1.AOBCCIR
N RDINANCE OF THE OARD OF OUNTY OMMISSIONERS OF NDIAN IVER
C,F,AS102.01BC
OUNTY LORIDA MENDING ECTION OARD OF OUNTY
CMPPON
OMMISSIONERS EETINGS AND ROCEDURES TO ROVIDE FOR NE IGHT
TMM(L) ........................................................... 14
IME EETING PER ONTH EGISLATIVE
2.2004LLEBG(LLEBG)P
OCAL AW NFORCEMENT LOCK RANT ROGRAM
PA1:SLEPE,
URPOSE REA UPPORT AW NFORCEMENT ROCURING QUIPMENT
TBL
ECHNOLOGY AND OTHER ITEMS DIRECTLY RELATED TO ASIC AW
EF. ................................................................................... 15
NFORCEMENT UNCTIONS
11.A.1.METROPOLITAN PLANNING ORGANIZATION (MPO) –
INTERLOCAL AGREEMENT – CREATION OF 2003
APPORTIONMENT PLAN TO ADD INDIAN RIVER SCHOOL
DISTRICT AS A VOTING MEMBER .................................................... 15
JULY 13, 2004
3
11.A.2.GEN DEVELOPMENT, INC. – APPEAL OF A PLANNING AND
ZONING COMMISSION DECISION TO DENY A
PRELIMINARY PLAT AND ADMINISTRATIVE PERMIT
APPLICATION – LEXINGTON PLACE – MASTELLER AND
MOLER, INC. (QUASI-JUDICIAL) ........................................................ 16
11.B.1HAZARDOUS MATERIALS EMERGENCY PLANNING STATE
FUNDED SUBGRANT AGREEMENT – FY 2004/05 –
DEPARTMENT OF COMMUNITY AFFAIRS/DEM -
CONTRACT NUMBER 05CP-11-10-40-01-000 ..................................... 18
11.C.1BID AWARD #6082 – RECREATION DEPARTMENT – 20’ X 36’
STORAGE BUILDING (JAMES A. SMALLEY UTILITY
BUILDINGS, INC.) ..................................................................................... 19
11.I.1.KINGS HIGHWAY, PHASE II – CHANGE ORDER NO. 5 –
FINAL RELEASE OF RETAINAGE – SMITH & COMPANY,
INC. ............................................................................................................... 19
12.COUNTY ATTORNEY ‘S REQUEST FOR AUTHORIZATION
TO ADVERTISE TERMS AND CONDITIONS OF A PROPERTY
EXCHANGE WITH MOUNT ZION BAPTIST CHURCH ................. 20
13.A.1.CHAIRMAN CAROLINE D. GINN – FLORIDA STATUTES
CHAPTER 193.703 - GRANNY FLATS – REDUCTION IN
ASSESSMENT ............................................................................................. 21
13.A.2.JOINT MEETING WITH ST. LUCIE COUNTY BOARD OF
COUNTY COMMISSIONERS – SEPTEMBER 20, 2004..................... 21
JULY 13, 2004
4
14.A.EMERGENCY SERVICES DISTRICT - NONE ................................... 21
14.B.SOLID WASTE DISPOSAL DISTRICT - NONE .................................. 21
14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 22
JULY 13, 2004
5
July 13, 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, July 13, 2004, at 9:00 a.m. Present were Caroline D. Ginn, Chairman, Commissioners
Fran B. Adams, Thomas S. Lowther, and Kenneth R. Macht. Arthur R. Neuberger, Vice Chairman
was on vacation. Also present were Joseph Baird, County Administrator; William G. Collins II,
County Attorney; Kimberly Massung, Executive Aide to the Board and Maria I. Suesz, Deputy
Clerk.
1. CALL TO ORDER
Chairman Ginn called the meeting to order.
2. INVOCATION
Planning Director Stan Boling delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Administrator Joseph A. Baird led the Pledge of Allegiance to the Flag.
INTRODUCTION OF DIGNITARIES
Chairman Ginn introduced the dignitaries in the Chambers, Dr. Ed Massey,
President of Indian River Community College and State Representative L. Ralph Poppell who she
JULY 13, 2004
1
asked to speak on the proposed additional $25,000 homestead exemption which the Board does not
support.
State Representative Poppell
said the homestead exemption in essence would be
taking local dollars from schools, police, fire protection, courts and many of the social programs
and general functions in the County. He fought for less government and lower taxes but he thought
we had to be responsible in the way that we do it. He explained that when you vote on a
constitutional amendment it is a mandate and your state representative cannot correct it for you.
He felt that we only need one more constitutional amendment and that is the one that limits all of
the other amendments. The Constitution of the United States has been change 27 times in 230
years. The Constitution of Florida has been changed 94 times in 121 tries in 35 or 36 years. He
believes we are doing something wrong. He feels we need to be very careful and make
amendments substantive to do the most for the people.
Chairman Ginn recognized other dignitaries in the Chambers:
Councilwoman Lisanne Monier, City of Sebastian and Councilwoman Sandra Bowden,
City of Vero Beach.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Ginn requested the following changes to today’s Agenda:
Add: Item 7.I. Appointment of Deena Smith to the Beach and Shore
Preservation Advisory Committee
Add: Item 9.C.2. Sheriff’s request for Public Hearing – 2004 Local Law
Enforcement Block Grant
Add: Item 13.A.2. Meeting date for Joint Meeting with St. Lucie County
Board of County Commissioners
JULY 13, 2004
2
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Adams, the Board
unanimously made the above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PPDM
RESENTATION OF ROCLAMATION ESIGNATING THE ONTH OF
J2004RPM
ULY AS ECREATION AND ARKS ONTH
Commissioner Adams read the Proclamation that designates the month of July 2004
as Recreation and Parks Month and presented it to Director Cliff Crawford and Operations
Manager Mike Redstone of the Indian River County Recreation Department.
Cliff Crawford
Director accepted the Proclamation graciously on behalf of all the
staff and community members who participate.
5.B. PIRCC
RESENTATION BY THE NDIAN IVER OUNTY HAMBER OF
CREDT
OMMERCE EGARDING CONOMIC EVELOPMENT AND OURISM
The following people spoke using a PowerPoint presentation (copy on file):
Jay Hart,
President of the Indian River County Chamber of Commerce introduced
Kelly Boone, President Elect.
Kelly Boone
, President Elect and Chairman of the Economic Development and
Tourism Association provided an update on the goals and objectives of the Economic
Development Division and how they let people know about them.
State Representative L. Ralph Poppell
reviewed the Retention Programs.
JULY 13, 2004
3
Dr. Ed Massey
, President of Indian River County Community College, Vice
Chairman of the Business Services Committee for the Workforce Development Board,
Co-Chairman of the Committee for the Sustainable Treasure Coast set up by Senator Pruitt and the
Chairman of the Research Treasure Coast Coalition Team presented Regional Effects and
Workforce Initiatives.
Renee Brock
, Chairman of the Tourism Development Council summarized the
Council’s goals and objectives.
Jay Hart
thanked everyone involved in putting this presentation together and he
thanked the Board for their time and support. He said they accomplish their goals through many
volunteers and the recent move of CVS to the County is a huge step in providing economic
opportunity that they could not have accomplished without the Board’s support.
Commissioner Macht is liaison to the Economic Development Council and when he
was Chairman he contacted staff and asked them to put together a plan for establishing an
industrial park. He was astonished with staff’s energy that was necessary to make this possible.
He asked County Administrator Joseph Baird to acknowledge staff and asked them to step down to
the front of the Chamber.
Administrator Baird recognized the following staff members:
Bob Keating, Community Development Director
Stan Boling, Planning Director
Eric Olsen, Utilities Director
Jim Davis, Public Works Director
Administrator Baird said staff worked together as a team with the cooperation of the
Indian River County Chamber of Commerce and he felt we were very fortunate to be able to bring
CVS to our county.
Commissioner Macht shared the complimentary remarks made by the CVS
representative who said we have every reason to be proud of our staff and whose dedication is
JULY 13, 2004
4
outstanding. The spontaneous responses, accuracy and follow through did not compare to his
dealings with other counties. Commissioner Macht continued expressing thanks also to the former
Economic Development Director George Watson, Dr. Ed Massey and the Workforce
Development Board and Mr. Kelly Boone. He listed some of the advantages of having CVS in our
county and he looks forward to a very productive and mutually rewarding relationship with CVS.
Commissioner Lowther served on the Economic Development Council for 4 years
and recognized former Commissioners John Tippin and Carolyn Eggert who moved this plan
forward. He appreciated their efforts.
Chairman Ginn said it was a wonderful plum and asked for a round of applause.
6. APPROVAL OF MINUTES
None.
7. CONSENT AGENDA
7.A. AW
PPROVAL OF ARRANTS
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Macht, by a 4-0 vote
(Commissioner Neuberger absent) the Board
unanimously approved the list of Warrants as issued
by the Clerk to the Board for June 11-17, 2004, as
requested in the memorandum dated June 17, 2004.
JULY 13, 2004
5
7.B. AW
PPROVAL OF ARRANTS
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Macht, by a 4-0 vote
(Commissioner Neuberger absent) the Board
unanimously approved the list of Warrants as issued
by the Clerk to the Board for June 25, 2004 to July 1,
2004, as requested in the memorandum dated July 1,
2004.
7.C. R2004-074–DIRC
ESOLUTION ISSOLVING THE NDIAN IVER OUNTY
GTF(GTF)
ROWTH ASK ORCE
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Macht, by a 4-0 vote
(Commissioner Neuberger absent) the Board
unanimously adopted Resolution 2004-074,
dissolving the Indian River County Growth Task
Force.
7.D. B&A,I--WON.1A
URDETTE SSOCIATES NC ORK RDER O TO NNUAL
CSM-FP
ONTRACT FOR URVEYING AND APPING INAL AYMENT AND
RR-8S74AR
THTH
ELEASE OF ETAINAGE TREET AND VENUE OADWAY
DI-PN.03-107
ESIGN AND MPROVEMENT ROJECT O
JULY 13, 2004
6
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Macht, by a 4-0 vote
(Commissioner Neuberger absent) the Board
unanimously approved releasing final payment plus
retainage in the amount of $10,134.65, as
recommended in the memorandum of July 2, 2004.
7.E. KE-FP–W
INGSWOOD STATES INAL AYMENT ATER
S/MR–GE.F
ERVICESETERS EPLACEMENT EORGE RENCH
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Macht, by a 4-0 vote
(Commissioner Neuberger absent) the Board
unanimously approved Contractor’s application for
payment #2 – FINAL as final payment in the amount
of $4,867.08, as recommended in the memorandum of
June 25, 2004.
7.F. HUD(HUD)G-R
OUSING AND RBAN EVELOPMENT RANTS ENEWAL
TPF–TCH
OF WO REVIOUSLY UNDED REASURE OAST OMELESS
SC,I.–HFC,I.
ERVICES OUNCIL NC OMELESS AMILY ENTER NC
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Macht, by a 4-0 vote
(Commissioner Neuberger absent) the Board
unanimously authorized the Chairman to sign the
forms for renewal of two previously funded HUD
JULY 13, 2004
7
grants in which the Board of County Commissioners
was the legal applicant, as recommended in the
memorandum of July 6, 2004.
COPY OF APPLICATION IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.G. U.S.DHUD
EPARTMENT OF OUSING AND RBAN EVELOPMENT
(HUD)-ASGA
UTHORIZATION TO IGN RANT GREEMENTS FOR
SPCGAH
HELTER LUS ARE RANT GREEMENT AND OMELESS
MISA-T
ANAGEMENT NFORMATION YSTEM GREEMENT REASURE
CHSC,I.
OAST OMELESS ERVICES OUNCIL NC
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Macht, by a 4-0 vote
(Commissioner Neuberger absent) the Board
unanimously authorized the Chairman to sign the
above subject agreements, as recommended in the
letter of July 6, 2004.
COPY OF AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.H. SD,I.–DLPII-F
UNLAND EVELOPMENT NC IAMOND AKE HASE INAL
PA
LAT PPROVAL
JULY 13, 2004
8
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Macht, by a 4-0 vote
(Commissioner Neuberger absent) the Board
unanimously granted final plat approval for Diamond
Lake Phase II; authorizing the Chairman to execute
the submitted Contract for Construction of remaining
required improvements, accepting the security
arrangement, as recommended in the memorandum of
July 2, 2004.
CONTRACT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.I. BSPAC–
EACH AND HORE RESERVATION DVISORY OMMITTEE
ADSTL
PPOINTMENT OF EENA MITH TO REPLACE OM OWTHER
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Macht, by a 4-0 vote
(Commissioner Neuberger absent) the Board
approved the appointment of Deena Smith to the
Beach and Shore Preservation Advisory Committee,
as recommended in the memorandum of July 13,
2004.
9.A.1. PUBLIC HEARING – JAMES & DEE BROWN’S REQUEST
ST
FOR ABANDONMENT OF THE PORTION OF 21 LANE
TH
BETWEEN 98 AVENUE AND THE HOUSTON-TEXAS GAS
JULY 13, 2004
9
AND OIL CORPORATION PERMANENT EASEMENT
(PIPELINE CORRIDOR) –VERO TROPICAL GARDENS
(Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling used a PowerPoint presentation to display the
location of the subject site right-of-way. He explained that the right-of-way is a paper street and
the purpose for this request is to enlarge the buildable area of the adjacent lots, which are owned by
the petitioners James and Dee Brown. If the abandonment is approved, half of the right-of-way
will be added to the adjacent residentially zoned property to the north and the other half will go to
the south of the right-of-way centerline. The agencies and the County departments have reviewed
this request and have no objection to the abandonment, subject to the Board retaining an easement
for drainage and utility purposes. Staff recommended that the Board approve the abandonment.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
th
Dee Brown
, 2100 98 Avenue, wanted to know exactly where staff would put the
easement. She wanted to see the property line moved to the center of the right-of-way to enlarge
the property. When she was told that the entire right-of-way is to be retained for drainage and
utility purposes she wanted to withdraw her request because it was not exactly what she wanted .
Director Boling explained that converting that area to an easement benefits the
property owners because they can work up to the easement. He suggested tabling this item to a
public hearing to see if they can have a narrower easement area that would be acceptable to the
agencies involved.
JULY 13, 2004
10
Dee Brown
continued questioning where the easement would be, pointing out the
power lines currently on the property and questioning the need for drainage.
Commissioner Adams explained what the County does traditionally in abandoning
rights-of-ways and agreed that the item should be tabled.
The Chairman asked if anyone else wished to be heard with regard to this matter.
There being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Macht,
SECONDED by Commissioner Lowther, by a 4-0
vote (Commissioner Neuberger absent) the Board
unanimously continued this item until August 17,
2004.
9.B.1. PUBLIC DISCUSSION ITEM – BRIAN HEADY – PUBLIC
ANSWERS TO QUESTIONS ABOUT PUBLIC UTILITIES
Brian Heady
, Vero Beach, felt affronted that he did not receive answers to his
questions as he expected at the meeting on June 22, 2004. After research he said he found the
answers to his questions which demonstrated that the local taxpayers are in the process now
accommodating the growth in the County and the builders are not being asked to pay for
infrastructure. He felt it is a disservice to the public not to give this information to the public.
Chairman Ginn reminded Mr. Heady that she had asked him at that meeting to stop
by her office that day. As courtesy she brought the information with her and gave Mr. Heady a
copy. She said that sewer and water are enterprises and the people who get those services are the
ones who are paying for those improvements.
NO ACTION REQUIRED OR TAKEN.
JULY 13, 2004
11
9.B.2. PUBLIC DISCUSSION ITEM – ADRIENE CUFFE AND DIAN
GEORGE – ROAD WIDENING PROJECTS
rd
Adriene Cuffe
, 695 43 Avenue, said she was a part of an informational meeting
with Commissioner Lowther and County Administrator Joseph Baird whereby they spoke with a
rd
State Department of Community Affairs representative on how they could improve 43 Avenue
Ms Cuffe
and keep the quality of life. Based on the information obtained asked to have LOS-D
changed to LOS-F and then complete an application to change the Comp Plan during the July
amendment submittal window. Lowering the LOS means concurrency requirements would not
rdthrd
mandate that 43 Avenue or 27 Avenue be widened. She understood that residents on 43
Avenue would have to live with some inconveniences such as future congestion as more
rd
developments are built out. She now believes that they have an alternative to 5-laning 43 Avenue
and she thanked staff for their assistance.
th
Dian George
, 1515 27 Avenue, spoke of road widening projects saying that we
thth
can route traffic outside the grid and mentioned 66 Avenue and 58 Avenue. She said most
metropolitan areas route traffic around the residential areas and she asked the Board to save our
neighborhoods.
MOTION WAS MADE by Commissioner Lowther to
rd
direct staff to change 43 Avenue to LOS-F, 3-laning
from SR-60 to Oslo road, fix the intersection at
th
SR-60, 5-lane north to 26 Street and change the
Comp Plan. There was no second.
Chairman Ginn wanted to get more information from staff. LOS-F is beyond E and
creates gridlock.
JULY 13, 2004
12
Administrator Baird suggested having staff do a presentation showing a model of
LOS-F.
Commissioner Adams felt Commissioner Lowther’s intent was to complete the
application to change the Comp Plan before the deadline of July 31, 2004. If the Board decides
that is the direction they need to take, then the application will already be in the works.
Chairman Ginn suggested waiting until the next amendment submittal window in
January.
Commissioner Lowther did not see a reason to delay and encouraged the Board to
listen to the people.
Commissioner Adams commented that they always knew they could lower the level
of service, but what the Board needs to decide when they hear the impact of dropping the levels of
service from D to F is acceptable.
Commissioner Macht believes creating a situation of gridlock is not the proper thing
to do.
Administrator Baird said staff would be able to come back in a week with a
presentation.
The CONSENSUS WAS for staff to come back to the
Board on July 20, 2004 with a presentation showing
the degradation from LOS-D to LOS-F.
Brian Heady
agreed with Commissioner Lowther’s suggestion to act now. He also
stated that when you use a computer showing gridlock, the people know they will travel an easier
way.
9.B.3 PUBLIC DISCUSSION ITEM – JOHN T. WILLIAMS –
PROPOSED AMENDMENT TO MARTIN COUNTY
COMPREHENSIVE LAND USE PLAN TO REQUIRE A SUPER
JULY 13, 2004
13
MAJORITY APPROVAL AND A COUNTY-WIDE
REFERENDUM FOR ADOPTION OF A PROPOSED
AMENDMENT THAT INVOLVES A CRITICAL ISSUE
John Williams, 1535 Smugglers Cove,
urged the Board to amend the Comp Plan
Land Use Plan and urged the Board to consider a protective clause to keep the urban service line
where it is, protect the height limitation, and protect any change to the first two by requiring a
Mr. Williams
majority vote of a future Commission (copy of letter on file). proceeded to read his
letter and continued beyond the three minutes allowed. The Chairman asked him to end his
discussion and invited him to continue in her office. She said she was interested in hearing the rest
of his presentation but in all fairness she had to enforce the three-minute rule.
NO ACTION REQUIRED OR TAKEN.
RD
9.B.4 PUBLIC DISCUSSION ITEM – JERRY SWANSON – 43
AVENUE WIDENING PROJECT
Jerry Swanson
, 1048 East Polo Grounds Drive, feels all the good things
accomplished by the Economic Development Council in trying to secure well paying jobs will be
rd
undone if they don’t widen 43 Avenue. He supported the decision made by the Commissioners a
long time ago and felt we need to follow through with that decision.
NO ACTION REQUIRED OR TAKEN.
9.C. PUBLIC NOTICE ITEM - SCHEDULED FOR PUBLIC
HEARING ON JULY 20, 2004
1.AOBCC
N RDINANCE OF THE OARD OF OUNTY OMMISSIONERS OF
IRC,F,AS102.01
NDIAN IVER OUNTY LORIDA MENDING ECTION
JULY 13, 2004
14
BCCMP
OARD OF OUNTY OMMISSIONERS EETINGS AND ROCEDURES TO
PONTMM(L)
ROVIDE FOR NE IGHT IME EETING PER ONTH EGISLATIVE
2. 2004LLEBG(LLEBG)
OCAL AW NFORCEMENT LOCK RANT
PPA1:SLE
ROGRAM URPOSE REA UPPORT AW NFORCEMENT
PE,T
ROCURING QUIPMENT ECHNOLOGY AND OTHER ITEMS
BLEF.
DIRECTLY RELATED TO ASIC AW NFORCEMENT UNCTIONS
The Chairman read the notices into the record.
11.A.1. METROPOLITAN PLANNING ORGANIZATION (MPO) –
INTERLOCAL AGREEMENT – CREATION OF 2003
APPORTIONMENT PLAN TO ADD INDIAN RIVER SCHOOL
DISTRICT AS A VOTING MEMBER
ON MOTION by Commissioner Macht,
SECONDED by Commissioner Adams, by a 4-0 vote
(Commissioner Neuberger absent) the Board
unanimously approved the Interlocal Agreement for
creation of the Indian River County Metropolitan
Planning Organization 2003 Apportionment plan
(MPO) and authorized the Chairman to execute the
agreement, as recommended in the memorandum of
June 25, 2004.
JULY 13, 2004
15
11.A.2. GEN DEVELOPMENT, INC. – APPEAL OF A PLANNING AND
ZONING COMMISSION DECISION TO DENY A
PRELIMINARY PLAT AND ADMINISTRATIVE PERMIT
APPLICATION – LEXINGTON PLACE – MASTELLER AND
MOLER, INC. (Quasi-Judicial)
Planning Director Stan Boling used a PowerPoint presentation to display the subject
site and reviewed the contents of his memorandum dated July 6, 2004 (copy on file in the backup).
He explained to the Board that on May 13, 2004 the Planning and Zoning Committee (P&Z)
denied this preliminary plat and administrative permit application. After analyzing the review
made by P&Z Commission, staff concluded that P&Z did make errors in three of the four areas of
appeal review and he explained those findings to the Board. Staff concludes that the application
does meet the criteria of the Land Development Regulations (LDRs) and recommends that the
Board overturn the P&Z decision and approve the request.
Because this site was so heavily wooded, Chairman Ginn and Commissioner Macht
questioned whether the project would be subject to the upcoming revisions to the tree protection
ordinance.
Director Boling responded that it is subject to the requirements of the tree ordinance
and Director Keating and Attorney Collins supported his response.
Commissioner Macht asked for direction from Attorney Collins who explained that
this is a use of permit application. There are specific use criteria and if that criterion is met the
Board can approve the application. He told the Board they do not have the discretion to deny a
project that has met each and every regulation of our codes.
Upon Chairman Ginn’s request Director Boling repeated criteria 3 regarding
compatibility. The Chairman wanted to see how the tree ordinance affected this project. She
th
posed other concerns involving lot and home sizes, the drainage ditch on 5 Street SW, the traffic
impact and the sale prices of the homes. If agreed upon she wanted to place restraints on the
JULY 13, 2004
16
developer so he completes his promises. She told staff she wanted to have the drainage
information included in the backup.
Director Keating assured the Board that staff would be going over the specifics of
the project extensively with the developer and the Board would have the opportunity to approve
the process.
The discussion continued whereby Director Boling provided further information
concerning surrounding development roadways interconnecting to this project and other roadway
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improvements, particularly 5 Street SW and 12 Avenue.
Chairman Ginn asked if anyone wished to speak regarding this matter.
Steve Moler
of Masteller and Moler, introduced his company as the civil engineers
representing Gen Development on this appeal of the P&Z decision. He addressed Chad Genoni of
Gen Development, Inc. and Ron Hyman of Sunland Homes who also were present. Mr. Moler
concurred with staff and stated the developer has exceeded the requirements of the LDRs for a
small lot subdivision and feels they should receive a favorable decision.
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Andreus Denninger,
310 20 Avenue, said he has lived here for 28 years and
knows that growth is inevitable but he currently is experiencing difficulty in backing out of his
driveway. He said the impact of additional traffic was his only objection.
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Macht, by a 3-1 vote
(Chairman Ginn opposed and Commissioner
Neuberger absent) the Board found that the Planning
and Zoning Commission did fail in three of the four
appeal review areas; overturned the Planning and
JULY 13, 2004
17
Zoning Commission’s decision to deny the
preliminary plat/administrative permit application,
and approved the application with the conditions
recommended by staff in its report to the Planning and
Zoning Commission, as recommended in the
memorandum of July 6, 2004.
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Chairman Ginn was opposed to the traffic increase onto 5 Street SW and the
project’s location next to a high school.
11.B.1 HAZARDOUS MATERIALS EMERGENCY PLANNING
STATE FUNDED SUBGRANT AGREEMENT – FY 2004/05 –
DEPARTMENT OF COMMUNITY AFFAIRS/DEM -
CONTRACT NUMBER 05CP-11-10-40-01-000
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Lowther, by a 4-0
vote (Commissioner Neuberger absent) the Board
unanimously approved the FY 2004/05 Hazardous
Materials Emergency Planning Agreement,
authorized the Chairman to execute the appropriate
documents, and approved the entire agreement
funding ($3,684.00) to be allocated for the purchase
of “firewall” computer technology hardware and
accessories, as recommended in the memorandum of
July 1, 2004.
JULY 13, 2004
18
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.C.1 BID AWARD #6082 – RECREATION DEPARTMENT – 20’ X
36’ STORAGE BUILDING (JAMES A. SMALLEY UTILITY
BUILDINGS, INC.)
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Adams, by a 4-0 vote
(Commissioner Neuberger absent) the Board
unanimously awarded Bid #6082 to the sole bidder,
James A. Smalley Utility Buildings, Inc., for the
amount of $10,400.00. This vendor’s bid response
meets the specifications as set forth in the Invitation
to Bid, as recommended in the memorandum of July
2, 2004.
11.I.1. KINGS HIGHWAY, PHASE II – CHANGE ORDER NO. 5 –
FINAL RELEASE OF RETAINAGE – SMITH & COMPANY,
INC.
ON MOTION by Commissioner Macht,
SECONDED by Commissioner Ginn, by a 4-0 vote
(Commissioner Neuberger absent) the Board
unanimously approved Change Order No. 5 in the
deduct amount of $115,758.27 and final payment and
JULY 13, 2004
19
release of retainage in the amount of $559,524.93 as
shown on the Application for Payment No. 25, as
recommended in the memorandum of July 6, 2004.
CHANGE ORDER NO. 5 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
12. COUNTY ATTORNEY ‘S REQUEST FOR AUTHORIZATION
TO ADVERTISE TERMS AND CONDITIONS OF A
PROPERTY EXCHANGE WITH MOUNT ZION BAPTIST
CHURCH
ON MOTION by Commissioner Macht,
SECONDED by Commissioner Lowther, by a 4-0
vote (Commissioner Neuberger absent) the Board
unanimously authorized advertisement of the terms
and conditions of the proposed property exchange
with Mount Zion Baptist Church, as recommended in
the memorandum of July 7, 2004.
Commissioner Macht inquired if the County could relocate the church for historical
purposes and Attorney Collins said he will investigate the possibility.
JULY 13, 2004
20
13.A.1. CHAIRMAN CAROLINE D. GINN – FLORIDA STATUTES
CHAPTER 193.703 - GRANNY FLATS – REDUCTION IN
ASSESSMENT
Property Appraiser David Nolte explained this was an idea put on the ballot a couple
of years ago and is in the Constitution. It allows people to make improvements to their home
without enduring an additional ad valorem tax burden from repairing a home or fixing it up to take
care of their loved ones.
ON MOTION by Commissioner Macht,
SECONDED by Commissioner Lowther, by a 4-0
vote (Commissioner Neuberger absent) the Board
unanimously directed the County Attorney to prepare
an Ordinance allowing for a reduction in assessment
for living quarters for parents and grandparents in
compliance with Florida Statutes Chapter 193.703.
13.A.2. JOINT MEETING WITH ST. LUCIE COUNTY BOARD OF
COUNTY COMMISSIONERS – SEPTEMBER 20, 2004
Executive Aide to the Board Kimberly Massung announced that the Joint Meeting
with St. Lucie County would be held from 9:00 a.m. to 11:00 a.m., September 20, 2004, in the
Richardson Center at the Indian River Community College Vero Beach Campus,
14.A. EMERGENCY SERVICES DISTRICT - NONE
14.B. SOLID WASTE DISPOSAL DISTRICT - NONE
JULY 13, 2004
21
14.C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 10:57 a.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman
Minutes Approved: _________________
BCC/MIS/2004
JULY 13, 2004
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