HomeMy WebLinkAbout08/17/2004
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF AUGUST 17, 2004
1.CALL TO ORDER ...................................................................................................................................... 1
2.INVOCATION ............................................................................................................................................ 1
3.PLEDGE OF ALLEGIANCE ..................................................................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS................................................. 2
5.PROCLAMATIONS AND PRESENTATIONS ......................................................................................... 2
5.A.PDA27S6,2004IR
ROCLAMATION ESIGNATING UGUST TO EPTEMBER AS NDIAN IVER
CFFAW(“FB”MD
OUNTY IRE IGHTER PPRECIATION EEK ILL THE OOT USCULAR YSTROPHY
AC) ......................................................................................................2
SSOCIATION AMPAIGN
5.B.VETERANS SERVICE COUNCIL – UPDATE ON CABLE TV POLITICAL DEBATE .................. 3
6.A.APPROVAL OF MINUTES – JUNE 15, 2004 ....................................................................................... 3
6.B.APPROVAL OF MINUTES – JUNE 22, 2004 ....................................................................................... 3
6.C.APPROVAL OF MINUTES – JULY 6, 2004 ......................................................................................... 4
7.CONSENT AGENDA.................................................................................................................................. 4
7.A.R .....................................................................................................................4
EPORTS
7.BAW ..........................................................................................4
PPROVAL OF ARRANTS
7.C.IACIPR–S
NVESTMENT DVISORY OMMITTEE NVESTMENT OLICY AND EPORT ECOND
Q2004 ..................................................................................................................5
UARTER OF
7.D.PHBGOHR(PW
ROCLAMATION ONORING ERDINA UY N ER ETIREMENT UBLIC ORKS
D) ........................................................................................................................5
EPARTMENT
AUGUST 17, 2004 1
7.E.PHCLFOHR
ROCLAMATION ONORING HRISTINA ALAMME N ER ETIREMENT
(CDD) ........................................................................5
OMMUNITY EVELOPMENT EPARTMENT
7.F.HRAC(HRAC)–2004E
ISTORIC ESOURCES DVISORY OMMITTEE LECTION OF
KC,C,CC,VC ..........................6
ATHLEEN OLEY HAIRMAN AND HRIS RAWFORD ICE HAIRMAN
7.G.2004SHIP(SHIP)PA
TATE OUSING NITIATIVES ARTNERSHIP ROGRAM NNUAL
R–FY2002-03CORFY2003-04IR .................6
EPORTS LOSE UT EPORT AND NTERIM EPORT
7.H.O--CT–CAJB–FB
UTOFOUNTY RAVEL OUNTY DMINISTRATOR OE AIRD LORIDA EACH
SPAC–CI,F–
AND HORE RESERVATION SSOCIATION ONFERENCE APTIVA SLAND LORIDA
S29-O1,2004...........................................................................................6
EPTEMBER CTOBER
7.I.R2004-086RPE–(JJ
ESOLUTION ELEASING ORTIONS OF ASEMENTS AMES AND UNE
B,5110S.AID–L25,S.AI–G
ERCAW T NDREWS SLAND RIVE OT T NDREWS SLAND RAND
HP15) ..................................................................................................................7
ARBOR LAT
7.J.R2004-087AFY2003-04B–
ESOLUTION MENDING ISCAL EAR UDGET
MBA#020........................................................................7
ISCELLANEOUS UDGET MENDMENT
7.K.GIS(GIS)–CN
EOGRAPHICAL NFORMATION YSTEM ONSULTANT FOR EEDS
AA–IEGISS ........................................7
SSESSMENT NALYSIS NTEGRATED NTERPRISE YSTEM
7.L.TCHSC,I.(HR
REASURE OAST OMELESS ERVICES OUNCIL NC OMELESS ESOURCE
C)–AESGD
ENTER PPLICATION FOR MERGENCY HELTER RANT FROM THE EPARTMENT OF
CF,SOH-$150,000 .............................8
HILDREN AND AMILIES TATE FFICE ON OMELESSNESS
7.M.B#7002–APCS–VW,I.(B
ID NNUAL EST ONTROL ERVICES AN AL NC UILDING AND
GD) ...............................................................................................................8
ROUNDS IVISION
7.N.B#6060–ERSI–J/W
ID AST OSELAND TORMWATER MPROVEMENTS OBEARARDEN
C,I.(PWSED) ..................9
ONSTRUCTION NC UBLIC ORKS TORMWATER NGINEERING IVISION
7.O.R2004-088RASF
ESOLUTION EQUESTING SSISTANCE FROM THE TATE OF LORIDA
BECP(FDE
EACH ROSION ONTROL ROGRAM LORIDA EPARTMENT OF NVIRONMENTAL
P) ....................................................................................................................... 10
ROTECTION
7.P.PGVBLTD.–FPAPG
INE ROVE OF ERO EACH INAL LAT PPROVAL FOR INE ROVE
S ......................................................................................................................... 10
UBDIVISION
AUGUST 17, 2004 2
7.Q.PWVBLTD.–FPAPW
OINTE EST OF ERO EACH INAL LAT PPROVAL FOR OINTE EST
SVPIP.D. .............................................................................................. 11
OUTH ILLAGE HASE
7.R.DCL.P.L.–FPADC
IAMOND OURT TD INAL LAT PPROVAL FOR IAMOND OURT
VS .......................................................................................................... 11
ILLAGE UBDIVISION
7.S.PWVBLTD.–FPAPW
OINTE EST OF ERO EACH INAL LAT PPROVAL FOR OINTE EST
CVPIVP.D........................................................................................ 12
ENTRAL ILLAGE HASE
9.A.1.PUBLIC HEARING – RESOLUTION 2004-089 AUTHORIZING THE COMMUNITY
DEVELOPMENT DIRECTOR TO MAKE APPLICATION TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS FOR AN ECONOMIC DEVELOPMENT SMALL CITIES COMMUNITY
DEVELOPMENT BLOCK GRANT FOR FY 2004 AND RESOLUTION 2004-090 SUPPORTING
ESTABLISHMENT OF CVS DISTRIBUTION CENTER WITHIN THE PROPOSED INDIAN RIVER
PARK OF COMMERCE AND APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) IN THE ECONOMIC DEVELOPMENT CATEGORY (FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS \[DCA\]) (FY 2002-03 CLOSING REPORT AND FY 2003-04 INTERIM REPORT)
(LEGISLATIVE) ................................................................................................................................................ 13
9.A.2.PUBLIC HEARING – RESOLUTION 2004-091 PROVIDING FOR CLOSING,
ST
ABANDONMENT, VACATION AND DISCONTINUANCE OF PORTION OF 21 LANE – JAMES AND
DEE BROWN (LEGISLATIVE) ....................................................................................................................... 16
9.A.3.PUBLIC HEARING – DIVOSTA REQUEST FOR DEVELOPMENT OF REGIONAL IMPACT
(DRI) APPROVAL FOR WATERWAY VILLAGE (KIMLEY-HORN & ASSOCIATES) – PUBLIC
HEARING TO BE CONTINUED TO 11/09/04 (LEGISLATIVE) ................................................................... 17
9.B.1.PUBLIC DISCUSSION ITEM – BRIAN T. HEADY – IMPOSITION OF POLICY AFFECTING
CITIZEN TAXPAYERS .................................................................................................................................... 19
9.B.2.PUBLIC DISCUSSION ITEM – CHARLES BELL – REGARDING THE USE OF ALCOHOL AT
BLUE CYPRESS LAKE PARK ........................................................................................................................ 19
RD
9.B.3.PUBLIC DISCUSSION ITEM – ADRIENE CUFFE – 43 AVENUE WIDENING AND THE
COMPREHENSIVE PLAN ............................................................................................................................... 20
RD
9.B.4.PUBLIC DISCUSSION ITEM – DIAN GEORGE – 43 AVENUE.............................................. 21
9.C.1.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON AUGUST 24, 2004 ..... 21
AUGUST 17, 2004 3
9.C.1.A.WSVPWS–PN.UCPC-2393
EST IDE ILLAS ETITION ATER ERVICE ROJECT O
(Q-J) ................................................................................................................ 21
UASIUDICIAL
9.C.2.PUBLIC NOTICE ITEMS – SCHEDULED FOR PUBLIC HEARING ON SEPTEMBER 7, 2004
22
9.C.2.A.CRRA3.19ALE
AMPANELLI EQUEST TO EZONE PPROXIMATELY CRES OCATED AST
US1A1500FN87SCLOCR–
TH
OF AND PPROXIMATELY EET ORTH OF TREET FROM TO
MS,O–KHA,A(Q-J) . 22
ARIAN TOUGH WNER IMLEY ORN AND SSOCIATES GENT UASIUDICIAL
9.C.2.B.M.Z–CIRR2.5AL
T ION OUNTY NITIATED EQUEST TO EDESIGNATE CRES OCATED
SC43A45SPUBC/I
RDTH
AT THE OUTHWEST ORNER OF VENUE AND TREET FROM TO AND TO
RTLIGCH(Q-J) ................................................... 22
EZONE HAT AND FROM TO UASIUDICIAL
9.C.2.C.JBFRR+/-78ALS
OAR ARMS EQUEST TO EZONE CRES OCATED AT THE OUTHWEST
C27A17SSWA-1RS-3–JBF,O
THTH
ORNER OF VENUE AND TREET FROM TO OAR ARMS WNER
–SH,I.,A(Q-J) .............................................................. 22
HELBY OMES NC GENT UASIUDICIAL
9.C.2.D.MRR+/-36.5ALS
IXELL EQUEST TO EZONE CRES OCATED AT THE OUTHEAST
C74A33SA-1RS-3–LE.M,
THRD
ORNER OF VENUE AND TREET FROM TO LONALD IXELL
TVL.M,T(Q-J) ............................................ 22
RUSTEE AND IKKI IXELL RUSTEE UASIUDICIAL
9.C.3.PUBLIC NOTICE ITEMS – SCHEDULED FOR PUBLIC HEARING ON SEPTEMBER 21, 2004
22
9.C.3.A.PCRRA77.43AL
REMIER ITRUS EQUEST TO EZONE PPROXIMATELY CRES OCATED
NC82A4SA-1RS-3–
NDTH
AT THE ORTHWEST ORNER OF VENUE AND TREET FROM TO
PC,O–S,BSLLC,A
REMIER ITRUS WNER CHULKE ITTLE AND TODDARD GENT
(Q-J) ................................................................................................................ 23
UASIUDICIAL
9.C.3.B.IRIRR40.18AL98
TH
NDIAN IVER NVESTMENTS EQUEST TO EZONE CRES OCATED AT
SA1950FWUS1RMH-8RM-6–I
TREET AND PPROXIMATELY EET EST OF FROM TO NDIAN
RICF,I.,O–S,B
IVER NVESTMENTS OF ENTRAL LORIDA NC WNER CHULKE ITTLE AND
SLLC,A(Q-J) ........................................................................ 23
TODDARD GENT UASIUDICIAL
AUGUST 17, 2004 4
9.C.3.C.LRR+/-20.48ALS
IER EQUEST TO EZONE CRES OCATED AT THE OUTHEAST
CWC(CR-510)IRLA-1
ORNER OF THE ABASSO AUSEWAY AND THE NDIAN IVER AGOON FROM
RS-63.4AA-1CON-2–JM.LT,O–
TO AND CRES FROM TO EANNETTE IER RUST WNER
BB,A(Q-J) ....................................................................... 23
RUCE ARKETT GENT UASIUDICIAL
11.A.1.CONSIDERATION OF SINGLE-FAMILY LOT ELEVATION ISSUES (A) BUSH, 1935
MOORINGLINE DRIVE \[KLEINKNECHT\]; (B) GAUDIOSI, 520 REEF ROAD; AND (C) HARBIN, 8645
TH
24 STREET \[PARADISE PARK LOT\].......................................................................................................... 23
11.A.2.CONSIDERATION OF CONSTRUCTION NUISANCE ISSUES (JEFF HICKMAN) ................ 29
11.B.1.DISASTER RECOVERY AGREEMENT WITH ASHBRITT, INC. – PIGGYBACK ST. LUCIE
COUNTY CONTRACT – FEDERAL EMERGENCY MANAGEMENT AGENCY ...................................... 30
11.I.1.OAK CHASE SUBDIVISION CORRECTIVE ITEMS – STATUS REPORT (CARTER
ASSOCIATES, ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, ELLIOTT MERRILL
COMMERCIAL MANAGEMENT) .................................................................................................................. 32
STTH
11.J.1.BLOCK VILLA SUBDIVISION (21 AVENUE AT 9 PLACE) – PETITION WATER
SERVICE 32
13.ACHAIRMAN CAROLINE D. GINN – DISCUSSION OF COMMISSIONERS’
RECOMMENDATIONS RELATED TO GROWTH TASK FORCE REPORT ............................................. 32
13.D.COMMISSIONER THOMAS S. LOWTHER – ADVANCED LIFE SUPPORT (ALS) ENGINES
(EMERGENCY SERVICES) ............................................................................................................................. 34
RD
13.E.COMMISSIONER KENNETH R. MACHT – NEIGHBORHOOD PLANNING (43 AVENUE
WIDENING AND OTHER PROJECTS CURRENTLY UNDER DISCUSSION) (OUT-OF-COUNTY
TRAVEL) ........................................................................................................................................................... 34
14.A.EMERGENCY SERVICES DISTRICT - NONE ................................................................................ 34
14.B.SOLID WASTE DISPOSAL DISTRICT - NONE ............................................................................... 34
14.C.ENVIRONMENTAL CONTROL BOARD - NONE ........................................................................... 34
AUGUST 17, 2004 5
August 17, 2004
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
th
Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday,
August 17, 2004, at 9:00 a.m. Present were Caroline D. Ginn, Chairman; Arthur R. Neuberger,
Vice Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Kenneth R. Macht.
Also present were Joseph Baird, County Administrator; William G. Collins II, County Attorney;
Kimberly Massung, Executive Aide to the Board; and Patricia “PJ” Jones, Deputy Clerk.
1. CALL TO ORDER
Chairman Ginn called the meeting to order.
2. INVOCATION
Public Works Director Jim Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Ginn led the Pledge of Allegiance to the Flag.
AUGUST 17, 2004 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Ginn requested the following changes to today’s Agenda:
1.Add 5.B., Veterans Service Council – Update On Political Debate
2.Defer 9.B.1., Brian Heady – Public Discussion Regarding Imposition of Policy
Affecting Citizen Taxpayers
3.Defer 11.I.1., Status Report on Oak Chase Subdivision
4.Delete 13.D., Commissioner Thomas S. Lowther, Advanced Life Support
(ALS) Engines (Emergency Services)
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Lowther, the Board unanimously
made the above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PDA27S6,2004I
ROCLAMATION ESIGNATING UGUST TO EPTEMBER AS NDIAN
RCFFAW(“FB”
IVER OUNTY IRE IGHTER PPRECIATION EEK ILL THE OOT
MDAC)
USCULAR YSTROPHY SSOCIATION AMPAIGN
Commissioner Lowther read and presented the Proclamation to Fire Department Chief
Ernest McCloud.
Chief McCloud
thanked the Board and introduced Firefighter/Paramedic Steve Graul and
the District Director of the Muscular Dystrophy Association, Sandra Ingram.
Sandra Ingram
thanked the Board on behalf of all the people served by the Association
th
and noted that this year marks the 50 anniversary of their partnership with the Fire Department.
AUGUST 17, 2004 2
5.B. VETERANS SERVICE COUNCIL – UPDATE ON CABLE TV
POLITICAL DEBATE
Larry Wapnik
of the Veterans Service Council announced that, in connection with the
Hometown News and Comcast, the Council is presenting a political debate which will be held
Tuesday, August 24, 2004 from 6:30 to 8:30. The debate will be broadcast on television Channel
27 in Vero Beach and Channel 29 in Sebastian. It will be aired again on Monday, August 30, on
the same channels during the same times. This debate will feature candidates for the office of
Sheriff and for County Commission Districts 1, 3 and 5. There will be a later debate with the time
and date to be announced later. The Council hopes to make this an annual event.
6.A. APPROVAL OF MINUTES – JUNE 15, 2004
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of June 15, 2004. There were none.
ON MOTION by Commissioner Macht, SECONDED
by Commissioner Adams, the Board unanimously
approved the Minutes of the Regular Meeting of June
15, 2004, as written and distributed.
6.B. APPROVAL OF MINUTES – JUNE 22, 2004
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of June 22, 2004. There were none.
ON MOTION by Commissioner Macht, SECONDED
by Commissioner Adams, the Board unanimously
AUGUST 17, 2004 3
approved the Minutes of the Regular Meeting of June
22, 2004, as written and distributed.
6.C. APPROVAL OF MINUTES – JULY 6, 2004
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of July 6, 2004. There were none.
ON MOTION by Commissioner Macht, SECONDED
by Commissioner Adams, the Board unanimously
approved the Minutes of the Regular Meeting of July 6,
2004, as written and distributed.
7. CONSENT AGENDA
Chairman Ginn asked that Items 7.M. and 7.S. be pulled for discussion.
7.A. R
EPORTS
The following reports have been received and are on file in the office of the Clerk to the
Board:
1. Sebastian Inlet Tax District Commission Annual Financial Report, Annual Post
Audit Report for FY 2002-03 and Proposed Meeting Schedule for FY 2004-05
2. Report of Convictions, July, 2004
7.B AW
PPROVAL OF ARRANTS
AUGUST 17, 2004 4
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
approved the list of Warrants as issued by the Clerk to
the Board for July 30 – August 5, 2004, as requested in
the memorandum of August 5, 2004.
7.C. IACIPR–
NVESTMENT DVISORY OMMITTEE NVESTMENT OLICY AND EPORT
SQ2004
ECOND UARTER OF
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
adopted the revised Investment Policy and accepted the
Investment Advisory Committee Quarterly Report, as
recommended in the memorandum of August 10, 2004.
REPORTSAREONFILEINTHEOFFICE
OFTHECLERKTOTHEBOARD
7.D. PHBGOHR(P
ROCLAMATION ONORING ERDINA UY N ER ETIREMENT UBLIC
WD)
ORKS EPARTMENT
The Proclamation has been entered on the record.
7.E. PHCLFOHR
ROCLAMATION ONORING HRISTINA ALAMME N ER ETIREMENT
(CDD)
OMMUNITY EVELOPMENT EPARTMENT
The Proclamation has been entered on the record.
AUGUST 17, 2004 5
7.F. HRAC(HRAC)–2004E
ISTORIC ESOURCES DVISORY OMMITTEE LECTION OF
KC,C,CC,VC
ATHLEEN OLEY HAIRMAN AND HRIS RAWFORD ICE HAIRMAN
The elections were noted for the record.
7.G. 2004SHIP(SHIP)PA
TATE OUSING NITIATIVES ARTNERSHIP ROGRAM NNUAL
R–FY2002-03CORFY2003-04I
EPORTS LOSE UT EPORT AND NTERIM
R
EPORT
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
approved the SHIP Annual Reports and authorized the
Chairman to execute same, as recommended in the
memorandum of August 2, 2004.
REPORTSAREONFILEINTHEOFFICE
OFTHECLERKTOTHEBOARD
7.H. O--CT–CAJB–F
UTOFOUNTY RAVEL OUNTY DMINISTRATOR OE AIRD LORIDA
BSPAC–C
EACH AND HORE RESERVATION SSOCIATION ONFERENCE APTIVA
I,F–S29-O1,2004
SLAND LORIDA EPTEMBER CTOBER
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
approved out-of-County travel for County
Administrator Baird, as recommended in the
memorandum of August 11, 2004.
AUGUST 17, 2004 6
7.I. R2004-086RPE–(J
ESOLUTION ELEASING ORTIONS OF ASEMENTS AMES AND
JB,5110S.AID–L25,S.A
UNE ERCAW T NDREWS SLAND RIVE OT T NDREWS
I–GHP15)
SLAND RAND ARBOR LAT
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
adopted Resolution 2004-086 releasing portions of
easements on Lot 25, St. Andrews Island – Grand
Harbor Plat 15 (James and June Bercaw, 5110 St.
Andrews Island Drive).
7.J. R2004-087AFY2003-04B–
ESOLUTION MENDING ISCAL EAR UDGET
MBA#020
ISCELLANEOUS UDGET MENDMENT
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
adopted Resolution 2004-087 Amending the Fiscal
Year 2003-04 Budget (Miscellaneous Budget
Amendment #020).
7.K. GIS(GIS)–CN
EOGRAPHICAL NFORMATION YSTEM ONSULTANT FOR EEDS
AA–IEGISS
SSESSMENT NALYSIS NTEGRATED NTERPRISE YSTEM
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
authorized a needs assessment analysis for an integrated
AUGUST 17, 2004 7
enterprise GIS system, as recommended in the
memorandum of August 9, 2004.
7.L. TCHSC,I.(H
REASURE OAST OMELESS ERVICES OUNCIL NC OMELESS
RC)–AESG
ESOURCE ENTER PPLICATION FOR MERGENCY HELTER RANT FROM
DCF,SO
THE EPARTMENT OF HILDREN AND AMILIES TATE FFICE ON
H-$150,000
OMELESSNESS
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
authorized the Chairman to execute the Certification of
Local Government Approval for NonProfit
Organizations, as recommended in the letter of August
9, 2004.
COPYOFCERTIFICATIONISONFILE
INTHEOFFICEOFTHECLERKTOTHEBOARD
7.M. B#7002–APCS–VW,I.(B
ID NNUAL EST ONTROL ERVICES AN AL NC UILDING
GD)
AND ROUNDS IVISION
Chairman Ginn inquired whether this service includes control of rats, and County
Administrator Baird responded that it does.
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Neuberger, the Board
unanimously awarded Bid #7002 for annual pest control
AUGUST 17, 2004 8
services to Van Wal, Inc. in the amount of $8,196 , as
recommended in the memorandum of July 27, 2004.
BIDDOCUMENTSWILLBEONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
WHENEXECUTEDANDRECEIVED
7.N. B#6060–ERSI–
ID AST OSELAND TORMWATER MPROVEMENTS
J/WC,I.(PWS
OBEARARDEN ONSTRUCTION NC UBLIC ORKS TORMWATER
ED)
NGINEERING IVISION
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
awarded Bid #6060 for the project to provide flood
control and stormwater quality treatment for a
124.5-acre watershed in the community of Roseland to
Jobear/Warden Construction, Inc., in the amount of
$383,810, as recommended in the memorandum of
August 9, 2004.
BIDDOCUMENTSONFILEINTHE
IS
OFFICEOFTHECLERKTOTHEBOARD
AUGUST 17, 2004 9
7.O. R2004-088RAS
ESOLUTION EQUESTING SSISTANCE FROM THE TATE OF
FBECP(FD
LORIDA EACH ROSION ONTROL ROGRAM LORIDA EPARTMENT OF
EP)
NVIRONMENTAL ROTECTION
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
adopted Resolution 2004-088 requesting assistance
from the State of Florida Beach Erosion Control
Program .
7.P. PGVBLTD.–FPAP
INE ROVE OF ERO EACH INAL LAT PPROVAL FOR INE
GS
ROVE UBDIVISION
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
granted final plat approval for Pine Grove Subdivision,
authorized the Chairman to execute the submitted
Contract for Construction of Remaining Required
Improvements, with recordation of the plat after the
Letter of Credit has been received, reviewed and
approved by the County Attorney, as recommended in
the memorandum of August 4, 2004.
CONTRACTISONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
AUGUST 17, 2004 10
7.Q. PWVBLTD.–FPAP
OINTE EST OF ERO EACH INAL LAT PPROVAL FOR OINTE
WSVPIP.D.
EST OUTH ILLAGE HASE
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
granted final plat approval for Pointe West South
Village Phase I P.D., authorized the Chairman to
execute both the Contract for Construction of Required
Improvements and the Contract for Construction of
Required Sidewalk Improvements, with recordation of
the plat after the Letter of Credit is received, reviewed
and approved by the County Attorney, as recommended
in the memorandum of August 11, 2004.
CONTRACTSAREONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
7.R. DCL.P.L.–FPADC
IAMOND OURT TD INAL LAT PPROVAL FOR IAMOND OURT
VS
ILLAGE UBDIVISION
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
granted final plat approval for Diamond Court Village
Subdivision, authorized the Chairman to execute the
Contract for Construction, with recordation of the plat
after the Letter of Credit has been received, reviewed
AUGUST 17, 2004 11
and approved by the County Attorney, as recommended
in the memorandum of August 4, 2004.
CONTRACTISONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
7.S. PWVBLTD.–FPAP
OINTE EST OF ERO EACH INAL LAT PPROVAL FOR OINTE
WCVPIVP.D.
EST ENTRAL ILLAGE HASE
Chairman Ginn questioned the rising costs of these projects when the time for completion
is extended several times, and Planning Director Stan Boling stated that estimates are always 50%
above the current prices to allow a safety factor for rising costs.
ON MOTION by Commissioner Neuberger,
SECONDED by Commissioner Adams, the Board
unanimously granted final plat approval for Pointe West
Central Village Phase IV P.D., authorized the Chairman
to execute both the Contracts for Construction of
Required Improvements and the Construction of
Required Sidewalk Improvements, with recordation of
the plat after the Letter of Credit is received, reviewed
and approved by the County Attorney, as recommended
in the memorandum of August 11, 2004.
CONTRACTSAREONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
AUGUST 17, 2004 12
9.A.1. PUBLIC HEARING – RESOLUTION 2004-089 AUTHORIZING THE
COMMUNITY DEVELOPMENT DIRECTOR TO MAKE
APPLICATION TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS FOR AN ECONOMIC DEVELOPMENT
SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT
FOR FY 2004 AND RESOLUTION 2004-090 SUPPORTING
ESTABLISHMENT OF CVS DISTRIBUTION CENTER WITHIN
THE PROPOSED INDIAN RIVER PARK OF COMMERCE AND
APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) IN THE ECONOMIC DEVELOPMENT
CATEGORY (FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS \[DCA\]) (FY 2002-03 CLOSING REPORT AND FY 2003-04
INTERIM REPORT) (LEGISLATIVE)
PROOFOFPUBLICATIONOFADVERTISEMENTFORHEARINGISONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
Community Development Director Bob Keating noted that the complete application for
this item is on file in the Board office. He then reviewed the prior actions relating to this item and
stated that the consultant, Andy Easton, is here should the Board have any questions. He also
emphasized that, although the application only lists 26 new jobs because that is all that is required,
CVS will be providing 350 jobs to the community with their proposed distribution center. CVS
has also committed that 51% of the 26 jobs will be filled by low to moderate income persons.
AUGUST 17, 2004 13
Director Keating continued that this process is a way for the County to incentivize industry
by paying for a portion of the needed infrastructure. The County has agreed to provide up to
$1,500,000 for such infrastructure and, if the developer is successful in providing high-paying jobs
as intended, the loan to the developer of this sum, or a portion of this sum, could be forgiven.
The Chairman opened the public hearing and asked if anyone wished to be heard regarding
this matter.
Bob Johnson
, Coral Wind, reminded the Board that the taxpayers had voted down any tax
breaks to such developers and asked for clarification on this issue.
County Administrator Joe Baird emphasized that this concession is not a tax abatement but
is strictly for infrastructure. The funds used to pay for that infrastructure will come from the
optional sales tax and other sources. The developer will pay taxes on their assessment as does
every taxpayer.
Commissioner Macht noted that the project will generate taxes of $1,200,000 in the first
year and the County will more than recover its costs.
Renee Renzi
, 340 Waverly Place, questioned the fact that only 26 jobs appear on the
application, and Director Keating responded that number was all that was required on the
application and noted that the consultant is guiding the County through this application process.
The Chairman asked if anyone else wished to be heard with regard to this matter. There
being none, the Chairman closed the public hearing.
AUGUST 17, 2004 14
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
(1) approved the proposed application contingent on
CVS providing a letter of commitment for CDBG
participation acceptable to the Florida Department of
Community Affairs; (2) reaffirmed and approved the
County’s proposed contribution of up to $1,500,000 for
construction of required public infrastructure
contingent upon execution of a developer’s agreement
between the County and the Park of Commerce
developer identifying the responsibilities of both
parties; (3) authorized the Community Development
Director to submit the application to the Florida
Department of Community Affairs for its consideration;
(4) authorized the Community Development Director to
submit any additional information and sign subsequent
forms as needed; (5) authorized the Chairman to sign
additional forms and letters as needed; (6) adopted
Resolution 2004-089 authorizing the Community
Development Director to make application to the
Florida Department of Community Affairs for an
Economic Development Small Cities Community
Development Block Grant for Federal Fiscal Year
2004; and (7) adopted Resolution 2004-090 supporting
establishment of a CVS Distribution Center within the
proposed Indian River Park of Commerce.
AUGUST 17, 2004 15
REPORTSAREONFILEINTHEOFFICE
OFTHECLERKTOTHEBOARD
OTHERDOCUMENTATIONWILLBEONFILE
INTHEOFFICEOFTHECLERKTOTHEBOARD
WHENEXECUTEDANDRECEIVED
9.A.2. PUBLIC HEARING – RESOLUTION 2004-091 PROVIDING FOR
CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE
ST
OF PORTION OF 21 LANE – JAMES AND DEE BROWN
(LEGISLATIVE)
PROOFOFPUBLICATIONOFADVERTISEMENTFORHEARINGISONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
(CLERK’S NOTE: CONTINUATION OF PUBLIC HEARING OF JULY 13, 2004)
Planning Director Stan Boling commented that this is a paper street platted at the time Vero
Tropical Gardens was platted. The applicant owns the property on both sides of the right-of-way
and the property will be divided equally between the adjoining properties. All agencies involved
with the use of the right-of-way have now been contacted and staff is recommending
abandonment, retaining a 20-foot easement along the centerline of the road for drainage and
utilities.
The Chairman opened the public hearing and asked if anyone wished to be heard with
regard to this matter.
Dee Brown
thanked the Board and staff for their help.
The Chairman asked if anyone else wished to be heard regarding this matter. There being
none, the Chairman closed the public hearing.
AUGUST 17, 2004 16
ON MOTION by Commissioner Macht, SECONDED
by Commissioner Adams, the Board unanimously
authorized the Chairman to execute the resolution and
adopted Resolution 2004-091 providing for the closing,
abandonment, vacation and discontinuance of a portion
stth
of 21 Lane lying between 98 Avenue and the
Houston-Texas Gas and Oil Corporation permanent
easement (pipeline corridor), reserving a 20-foot
easement over the center of the former right-of-way for
drainage and utility purposes.
9.A.3. PUBLIC HEARING – DIVOSTA REQUEST FOR DEVELOPMENT
OF REGIONAL IMPACT (DRI) APPROVAL FOR WATERWAY
VILLAGE (KIMLEY-HORN & ASSOCIATES) – PUBLIC HEARING
TO BE CONTINUED TO 11/09/04 (LEGISLATIVE)
PROOFOFPUBLICATIONOFADVERTISEMENTFORHEARINGISONFILEINTHEOFFICE OF THE
CLERK TO THE BOARD
Planning Director Stan Boling explained that no action is required on this matter at this
time other than to open the public hearing and continue it to a date certain.
The Chairman opened the public hearing and asked if anyone wished to be heard regarding
this matter.
Chairman Ginn asked that the time certain date be changed from November 2 to November
nd
9 as November 2 is Election Day.
The Chairman again asked if anyone wished to be heard regarding this matter. There being
none, the Chairman closed the public hearing.
AUGUST 17, 2004 17
Commissioner Neuberger inquired whether DiVosta had ever paid their fee to the Treasure
Coast Regional Planning Council, and Director Boling stated that it was his understanding that
they had paid the fee.
County Administrator Joe Baird commented that there was no proof that such a fee had
been paid, and Chairman Ginn asked staff to confirm by telephone.
Chairman Ginn then suggested that each of the commissioners visit Waterway Village in
West Palm Beach to check the quality of the product and get an idea what things need to be
changed.
Commissioner Neuberger felt that he did not want to bring West Palm Beach to Vero
Beach and he did not care what the other projects were like as Indian River County has its own
rules and guidelines.
Community Development Director Bob Keating noted that staff has had several meetings
with DiVosta since the Regional Planning Council meeting and has requested many changes to the
project. To date DiVosta has not met all the standards the Regional Planning Council would like
but they did reduce the number of units, reduced the density, moved the school site to a better
location and eliminated most of the cul-de-sacs. DiVosta will meet with staff for a pre-application
conference tomorrow, Wednesday, August 18 and staff has notified all the local governments and
groups requested by the Regional Planning Council. The Commissioners and public would be
welcome to attend tomorrow’s meeting at 9:00 a.m. in Conference Room A.
Bob Johnson
wondered whether there would be any workshops or presentations by
DiVosta, and Chairman Ginn suggested that Mr. Johnson also attend tomorrow’s pre-application
conference.
Director Keating stated that after the pre-application conference, the applicant will then
appear before the Technical Review Committee, then the Planning and Zoning Commission, and
then a public hearing before the Board of County Commissioners.
Chairman Ginn noted that there will be plenty of opportunity for public input.
AUGUST 17, 2004 18
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Lowther, the Board unanimously
continued the public hearing to 9:05 a.m. at the Board’s
regular meeting of Tuesday, November 9, 2004.
9.B.1. PUBLIC DISCUSSION ITEM – BRIAN T. HEADY – IMPOSITION OF
POLICY AFFECTING CITIZEN TAXPAYERS
Deferred.
9.B.2. PUBLIC DISCUSSION ITEM – CHARLES BELL – REGARDING
THE USE OF ALCOHOL AT BLUE CYPRESS LAKE PARK
Charles Bell
, Blue Cypress Lake resident, complained about the alcohol and drug abusers
now using the Lake, preventing families with children from being able to enjoy the park. He noted
that he had contacted the Sheriff’s office on several occasions and they did not even check out his
complaints. He was particularly concerned about people using intoxicating substances and then
driving home on SR-60. He felt the park should be reserved for the use of the good folk of the
County and inquired what could be done about the situation.
Chairman Ginn questioned whether the road leading to the park is regularly graded, and
Public Works Director Jim Davis stated that it is on the grading schedule but probably has been in
bad condition lately due to all the rain. The Chairman emphasized that staff will contact the
appropriate departments, as well as the Sheriff’s office.
Discussion ensued regarding possibly paving that road, and Commissioner Adams noted
that if the road were paved, more people would be using the park.
Commissioner Adams then mentioned the gorgeous book written about Blue Cypress Lake
by Dr. Richard Baker.
AUGUST 17, 2004 19
NO ACTION REQUIRED OR TAKEN.
RD
9.B.3. PUBLIC DISCUSSION ITEM – ADRIENE CUFFE – 43 AVENUE
WIDENING AND THE COMPREHENSIVE PLAN
rd
Adriene Cuffe
, 695 43 Avenue, stated her concern that Chairman Ginn had put a “hold”
rd
on action regarding 43 Avenue improvements and requested that there not be any action until
after the joint meeting with St. Lucie County scheduled for September 20, 2004.
Chairman Ginn stressed that she had not put a “hold” on anything.
County Administrator Joe Baird noted that the joint meeting will cover many issues and the
rd
43 Avenue improvements are just one of those issues. He clarified that staff is moving forward in
obtaining rights-of-way and still studying alternatives, keeping all options open. He also stated
that the consultant’s report should be ready for review within 120 days.
Mrs. Cuffe
handed out some photographs of the Avenue of the Americas in Manhattan,
New York, as a suggestion of what could be done (PHOTOGRAPHS ARE ON FILE WITH THE
BACKUP FOR TODAY’S MEETING).
rd
Commissioner Lowther inquired about the status of the work on the 43 Avenue and
SR-60 intersection, and Administrator Baird stated that staff will come back the first week in
September regarding consultant selection for that intersection work.
NO ACTION REQUIRED OR TAKEN.
AUGUST 17, 2004 20
RD
9.B.4. PUBLIC DISCUSSION ITEM – DIAN GEORGE – 43 AVENUE
thrd
Dian George
, 1515 27 Avenue, questioned the specific plans for the 43 Avenue and
SR-60 intersection and expressed her concern about the tax dollars that will be spent for the Mobil
Station right-of-way.
County Administrator Baird clarified that no ad valorem taxes will be used; impact fees,
gas taxes and the optional sales tax will be used to fund that project. Once the appraisals are
completed, an appropriate estimate of the cost can be given.
Ms. George
then questioned the cost for the Lenny’s right-of-way, and Administrator
Baird stated that staff has been talking to both Lenny’s and the Mobil Station, expressing an
interest in their rights-of-way due to the expansion of that intersection. No offers of dollars have
yet been made. Pressed by Ms. George, Administrator Baird stated that it would be very
premature to guess at an estimate at this time.
Ms. George
commented that she understood that “Lenny’s is gone” and wanted to know
how that could be so when staff has no idea of their plan.
Administrator Baird again stated that any action on that intersection will affect the Mobil
Station and Lenny’s significantly but there are no estimates to offer for their rights-of-way at this
time.
NO ACTION REQUIRED OR TAKEN.
9.C.1. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON
AUGUST 24, 2004
9.C.1.A. WSVPWS–PN.
EST IDE ILLAS ETITION ATER ERVICE ROJECT O
UCPC-2393(Q-J)
UASIUDICIAL
AUGUST 17, 2004 21
9.C.2. PUBLIC NOTICE ITEMS – SCHEDULED FOR PUBLIC HEARING
ON SEPTEMBER 7, 2004
9.C.2.A. CRRA3.19A
AMPANELLI EQUEST TO EZONE PPROXIMATELY CRES
LEUS1A1500FN87
TH
OCATED AST OF AND PPROXIMATELY EET ORTH OF
SCLOCR–MS,O–KH
TREET FROM TO ARIAN TOUGH WNER IMLEY ORN AND
A,A(Q-J)
SSOCIATES GENT UASIUDICIAL
9.C.2.B. M.Z–CIRR2.5A
T ION OUNTY NITIATED EQUEST TO EDESIGNATE CRES
LSC43A45S
RDTH
OCATED AT THE OUTHWEST ORNER OF VENUE AND TREET
PUBC/IRTLIGCH
FROM TO AND TO EZONE HAT AND FROM TO
(Q-J)
UASIUDICIAL
9.C.2.C. JBFRR+/-78AL
OAR ARMS EQUEST TO EZONE CRES OCATED AT THE
SC27A17SSWA-1
THTH
OUTHWEST ORNER OF VENUE AND TREET FROM TO
RS-3–JBF,O–SH,I.,A
OAR ARMS WNER HELBY OMES NC GENT
(Q-J)
UASIUDICIAL
9.C.2.D. MRR+/-36.5AL
IXELL EQUEST TO EZONE CRES OCATED AT THE
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THRD
OUTHEAST ORNER OF VENUE AND TREET FROM TO
LE.M,TVL.M,T
LONALD IXELL RUSTEE AND IKKI IXELL RUSTEE
(Q-J)
UASIUDICIAL
9.C.3. PUBLIC NOTICE ITEMS – SCHEDULED FOR PUBLIC HEARING
ON SEPTEMBER 21, 2004
AUGUST 17, 2004 22
9.C.3.A. PCRRA77.43A
REMIER ITRUS EQUEST TO EZONE PPROXIMATELY CRES
LNC82A4S
NDTH
OCATED AT THE ORTHWEST ORNER OF VENUE AND TREET
A-1RS-3–PC,O–S,B
FROM TO REMIER ITRUS WNER CHULKE ITTLE AND
SLLC,A(Q-J)
TODDARD GENT UASIUDICIAL
9.C.3.B. IRIRR40.18A
NDIAN IVER NVESTMENTS EQUEST TO EZONE CRES
L98SA1950FWUS1
TH
OCATED AT TREET AND PPROXIMATELY EET EST OF
RMH-8RM-6–IRIC
FROM TO NDIAN IVER NVESTMENTS OF ENTRAL
F,I.,O–S,BSLLC,A
LORIDA NC WNER CHULKE ITTLE AND TODDARD GENT
(Q-J)
UASIUDICIAL
9.C.3.C. LRR+/-20.48AL
IER EQUEST TO EZONE CRES OCATED AT THE
SCWC(CR-510)I
OUTHEAST ORNER OF THE ABASSO AUSEWAY AND THE NDIAN
RLA-1RS-63.4AA-1CON-2–
IVER AGOON FROM TO AND CRES FROM TO
JM.LT,O–BB,A
EANNETTE IER RUST WNER RUCE ARKETT GENT
(Q-J)
UASIUDICIAL
The Chairman read the notices into the record.
11.A.1. CONSIDERATION OF SINGLE-FAMILY LOT ELEVATION
ISSUES (A) BUSH, 1935 MOORINGLINE DRIVE \[KLEINKNECHT\];
TH
(B) GAUDIOSI, 520 REEF ROAD; AND (C) HARBIN, 8645 24
STREET \[PARADISE PARK LOT\]
(CLERK’S NOTE: CONTINUED FROM MEETING OF JULY 20, 2004 – ALSO SEE MARCH
23, 2004 MEETING MINUTES)
Community Development Director Bob Keating used a PowerPoint presentation (COPY
ON FILE WITH THE BACKUP FOR TODAY’S MEETING) to explain lot elevation issues.
Some of these issues are out of the County’s control. If the lot is seaward of the Coastal
AUGUST 17, 2004 23
Construction Control Line (CCCL), the State of Florida has specific criteria and minimum
elevations. The Federal Emergency Management Agency (FEMA) also has regulations relating to
the national flood insurance program, with minimum elevations in areas subject to 100-year
floods. The County adds 6 inches to these minimum elevations to help us obtain additional points
and lower our flood insurance premiums. The Department of Health also has elevation regulations
when septic tanks are used. Finally, the County has drainage requirements which cannot be
changed. Most problems arise in older subdivisions with homes built prior to a number of these
regulations becoming viable. Newer homes have to be built at much higher elevations than homes
that were built 20, 30 or 40 years ago. These elevations are all reviewed by the Engineering
Department to make certain the drainage is adequate and will not flood adjacent lots. Most of the
problems seem to be aesthetic and are expressed when people see truckloads of fill being unloaded
next to their homes. The County cannot change the regulations but there are things that can be
done to resolve the problems. The County has a requirement that minimum slope requirements
must be met when fill is put on a lot and the slope cannot be steeper than 4-to-1 vertical. Another
requirement is that stormwater has to be kept on site or in a common drainage swale. The owner
can also put in a retaining wall at the property line or within the lot, or use stem wall construction
so the fill does not need to be sloped to the property line. Stem wall construction differs from slab
on grade in that the structural component of the house is not dependent on fill. Essentially the stem
wall is a block structure that the finished floor sits on and, therefore, the lot does not need to be
filled. Another alternative would be a pile structure where the building needs to be elevated
because of the septic tank drainfield.
Director Keating continued that one of the issues in this matter is fence height. The
definition of the allowed height is in the LDRs where it states that the “height of walls and fences
shall be the vertical distance from the grade of the lot at the wall or fence location to the top of the
wall.” To prevent the homeowner from berming the property and putting the fence on top of the
berm, the LDRs continue ”If the wall or fence is to be located on a berm or fill added above the
finished lot grade, then the height of the berm or added fill shall be included in the height of the
wall or fence.”
AUGUST 17, 2004 24
Director Keating then displayed photographs of the 3 projects under consideration. In the
first instance (the Bush property) the fill brought the Kleinknecht yard up to about 2 feet higher
than the Bush property. However, the back of the Kleinknecht property was filled to accommodate
a swale to convey the water from the back of the lot to the street in front. There is a retaining wall,
then backfill, and then the fence on top of the retaining wall. The fence is 6 feet tall on top of a 2 to
3-foot retaining wall, all of which are consistent with the requirements.
In the second instance, the Gaudiosi property, this is an oceanfront lot seaward of the
CCCL and subject to the Department of Environmental Protection requirements. Because of the
CCCL, this house is on pilings which are engineered to withstand a significant storm event. This
home also has a septic tank and there will be a retaining wall on the north property line with a
swale behind the retaining wall.
In the third instance, the Harbin property, there is no adverse effect on adjacent properties.
This home also has a septic tank and a retaining wall.
Discussion ensued regarding the Bush property situation, and Chairman Ginn felt the
elevation is nice for Mr. Kleinknecht but not so nice for Mr. Bush who has to look at a 3-foot wall
with 6 foot fence on top of that.
Further discussion took place regarding retaining walls, swales, and fences.
Chairman Ginn felt the regulations need to be re-written.
Mr. Walter Bush,
1935 Mooringline Drive, displayed a drawing of the Kleinknecht yard,
particularly emphasizing the lower level of portions of the backyard. He questioned how “finished
lot grade” is measured. He stressed that everyone who has seen the fence agrees that it is too high.
He mentioned meeting with Chief Environmental Planner Roland DeBlois and Director Keating
and the fact that he believed a letter would be sent to Mr. Kleinknecht asking him to adjust the
height of the wall. He later discovered that County Administrator Baird had stopped the letter and
he is still awaiting a reply from Administrator Baird as to his authority to stop such a letter.
AUGUST 17, 2004 25
County Administrator Baird stated that the County had become embroiled in trying to
appease neighbors in a situation they don’t regulate. The drainage plan on the Kleinknecht
property was submitted by an engineer following the rules and regulations. He, Public Works
Director Jim Davis, Roland DeBlois, Bob Keating and Chris Mora have all been involved in this
dispute since before the first permit was pulled. He stated he had told Mr. Bush several times that
the County cannot mediate such misunderstandings.
Mr. Bush
asked Administrator Baird for a copy of the letter, and Administrator Baird
assured Mr. Bush that he would furnish a duplicate copy.
Chief Environmental Planner Roland DeBlois stated that he did meet with Mr. Bush in the
field when the Kleinknecht house was under construction and explained to Mr. Bush why the rear
yard elevation was higher due to the drainage needs and to prevent runoff into the Indian River
Lagoon. He explained all the measurements to Mr. Bush to the best of his ability. In order to
request an adjustment to the height of the fence, the County would have to require an overall spot
survey from Mr. Kleinknecht, which is something the County does not do. Staff’s conclusion was
that it was not appropriate to require Mr. Kleinknecht to spend those monies.
Mr. Bush
inquired how one measures finished lot grade and who does those
measurements.
Director Keating stated that a fence permit costs about $50 while a topographic survey is at
least $200. Staff’s position is that there are hundreds and hundreds of fence permits and staff
cannot ask for that detailed information.
Public Works Director Jim Davis stated that the original grading plan for the lot carried the
drainage to the front of the house; however, as it was being constructed, it was such a long way to
go that it was really not feasible. Staff worked with the builder to grade the area and complaints
were received with concerns about runoff from the back of the lot into the river. The owner agreed
to depress an area in the back to let the water percolate. This was an accommodation by the
property owner to avoid runoff into the river. Mr. Kleinknecht also put an extension on his seawall
to avoid runoff.
AUGUST 17, 2004 26
Mr. Bush
displayed a photograph of Mr. Kleinknecht’s pool and expressed his conviction
that this pool is several feet lower than the rest of the lot.
Administrator Baird noted that the inspectors had gone back several times due to Mr.
Bush’s complaints and the drainage plan was done by an engineer.
Chairman Ginn wanted a clarification of the finished lot grade in the Code, specifically
addressing the height of walls and fences so there is no gray area.
County Attorney Will Collins explained that “finished grade” is wherever the slab is after
all fill has been put in.
Dennis Mathern,
25 Starfish Drive, stated that he was the general contractor for the
Kleinknecht home and noted that the property to the west of Mr. Bush’s home is much higher than
the Bush property. Because of regulations, water cannot be drained into the river. The pool was
built at the level of the property but the back of the property had to be raised to get drainage to the
front of the property. The retaining wall had never been anticipated but was added to satisfy the
County at major expense to Mr. Kleinknecht. The fence was also added due to landscaping issues
between the neighbors.
Commissioner Adams felt if the issue is the fence, then the matter should be referred to
Code Enforcement.
Chairman Ginn felt these same regulations need to be applied to the Gaudiosi property
where the fence is at least 6 feet above the neighbors’ yard.
Administrator Baird felt that is a separate issue, this is just a fence issue. Staff feels this
fence meets the Code requirements.
Director Keating commented that the Gaudiosi north retaining wall, which is close to the
house, will slope down to the property line. At the property line the slope is about even with the
existing grade.
AUGUST 17, 2004 27
Discussion followed regarding DEP regulations, 2-story homes with roof embellishments,
fences and from what point measurements are taken for roof height, fences, walls, etc.
Linda Sposato
, 54 Reef Road, questioned the interpretation of “height”. She felt the
LDRs are ambiguous as to “grade level”. She referenced County Code Section 917.06 and noted
that the Code should protect the health and welfare of the community, as well as requiring that
buildings conform to the neighborhood. She recalled that when the developer of the Gaudiosi
property first pulled his building permit, the DEP notified all adjacent owners and each received a
copy of the plans. They noted that the elevation was 13.5 feet so no one complained. Evidently the
building permit was issued and approved without addressing the septic system.
The developer was provided with copies of the Oceanside covenants which state that “the height of
any building shall be not more than 2 stories above ……”. She felt that it is imperative that the
County and its building officials address the clarity of the regulations and make provisions in older
subdivisions to require a variance for larger, taller or any other construction that is out of character
with the neighborhood. She also noted the reference to “18 inches above the crown of the road”,
and stated that the crown of their road is 9.04 feet.
Chairman Ginn noted that Ms. Sposato may have a civil problem with the landowner.
County Attorney Collins emphasized that the County cannot enforce private deed
restrictions. It is up to the homeowners’ association or the affected property owner to enforce
those deed restrictions by going to court and getting an injunction. This is an expensive process
and the taxpayers cannot be asked to enforce those restrictions.
Phil Russo
, 2140 Captains Walk, stated that he was president of the Oceanside
Homeowners’ Association for 5 years, until this past February. He recounted the calendar of
attempts the Association had made to obtain copies of the plans and to make the owner and builder
aware of the restrictions.
AUGUST 17, 2004 28
Further discussion ensued regarding fill elevations and points from which to begin
measurements.
Director Keating stated that the regulations for measurements are in the current ordinance.
Average natural grade or flood level is used for measuring structures, and finished grade applies to
walls and fences. A topographic survey is requested for unusual situations where there is a
significant grade difference, such as a dune. If finished grade is higher than the average natural
grade or flood level, measurements are taken from the lower grade.
The Board DIRECTED STAFF to clarify the definition
of “finished grade” and to define where “finished
grade” is to be measured from (finished floors, gates
and/or fences) and bring the item back.
11.A.2. CONSIDERATION OF CONSTRUCTION NUISANCE ISSUES
(JEFF HICKMAN)
(CLERK’S NOTE: CONTINUED FROM MEETING OF JULY 20, 2004)
Planning Director Stan Boling stated that staff has referenced potential problems and
possible solutions in their memorandum of August 11, 2004 in the backup.
Commissioner Lowther liked Approach C from staff’s recommendations, and
Commissioner Neuberger liked Approach A. He felt that these should be incorporated in a
document which could be given out with building permits, together with the option of warnings or
fines.
MOTION WAS MADE by Commissioner Neuberger to
adopt Approach A, SECONDED by Commissioner
Lowther for discussion.
AUGUST 17, 2004 29
Chairman Ginn did not want the regulations to be onerous or too heavy-handed and asked
that activity hours be changed from 8 a.m. to 6 p.m. to 7 a.m. to 6 p.m., with 8 a.m. to 5 p.m. on
Saturdays, and no work on Sundays.
County Administrator Joe Baird questioned whether that would include road projects, as
many of these are done in the evening hours because of traffic.
Public Works Director Jim Davis agreed that the industry is moving toward working at
night, especially the Department of Transportation. He felt there should also be an exception for
emergency work.
Chairman Ginn wanted to include interim drainage runoff, litter and debris on adjacent
sites, and an onsite posting of telephone numbers for the architect and builder.
Commissioner Adams felt this is a good time to get the regulations in writing because so
many builders are coming from out of the county.
Commissioner Neuberger WITHDREW HIS
MOTION.
Chairman Ginn suggested meeting with staff and bringing back a list for discussion.
CONSENSUS WAS REACHED to have each Commissioner meet with staff and report
back to the Board.
11.B.1. DISASTER RECOVERY AGREEMENT WITH ASHBRITT,
INC. – PIGGYBACK ST. LUCIE COUNTY CONTRACT – FEDERAL
EMERGENCY MANAGEMENT AGENCY
Emergency Management Coordinator Nathan McCollum explained that this is simply an
attempt to have a second group on standby in case of a disaster. He noted that Charlotte County,
AUGUST 17, 2004 30
which was severely affected by Hurricane Charley, had 4 groups under contract who are now
working there.
Chairman Ginn commented that she had heard that Indian River County was declared a
“disaster area”.
Mr. McCollum explained that the designation took in every county in the state that took
any type of preventive action. The County did not request inclusion, it was done by the State and
FEMA. (CLERK’S NOTE: THE COUNTY OPENED SEVERAL SPECIAL NEEDS
SHELTERS.)
Commissioner Neuberger questioned whether local trash removal contractors get involved,
and Mr. McCollum responded that they are subcontractors for DRC, Inc. (the County’s first
contractor) who just manages the group for debris clearance. These contractors have done very
well in other counties and take a lot of the debris outside the county which saves room in the
Landfill.
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Neuberger, the Board
unanimously agreed to forego the Request for Proposal
process and piggyback the existing agreement between
St. Lucie County and AshBritt, Inc. as an alternate to
DRC, Inc. for disaster recovery assistance and
authorized the Chairman to execute the Agreement with
the understanding that no retainer fee is required, as
recommended in the memorandum of July 27, 2004.
AGREEMENTISONFILEINTHEOFFICE
OFTHECLERKTOTHEBOARD
AUGUST 17, 2004 31
11.I.1. OAK CHASE SUBDIVISION CORRECTIVE ITEMS – STATUS
REPORT (CARTER ASSOCIATES, ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT, ELLIOTT MERRILL COMMERCIAL
MANAGEMENT)
DEFERRED.
STTH
11.J.1. BLOCK VILLA SUBDIVISION (21 AVENUE AT 9 PLACE)
– PETITION WATER SERVICE
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
approved the project and authorized staff to proceed
with the design engineering 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 of August 6, 2004.
13.A CHAIRMAN CAROLINE D. GINN – DISCUSSION OF
COMMISSIONERS’ RECOMMENDATIONS RELATED TO
GROWTH TASK FORCE REPORT
Chairman Ginn presented copies of the Indian River County Growth Task Force Final
Report; LDR Section 910, Concurrency Management System; Landscape Requirements for
Single-Family Residential Development; LDR Section 911.03, Establishment of Districts
(Zoning); and Small Lot Subdivisions, Specific Recommendations for LDR Changes.
AUGUST 17, 2004 32
Frank Coffey,
1200 Admirals Walk, asked the Board to examine the subdivisions visited
on the Planned Development Tour, in light of what effect these proposed changes would have
entailed in those developments.
Donna Keys,
Chairman of the Planning and Zoning Commission and a member of the
.
Growth Task Force, suggested a possible group meeting with the Task Force members and staff
She also suggested that requiring multi-family projects to come in as planned developments would
allow the County to add conditions and address any perceived problems. She also felt that a closer
examination should take place regarding what comprises “open space”.
Ms. Keys
continued that the zoning designations could also be adjusted to reduce density.
Discussion ensued regarding zoning districts, small lot subdivisions, and affordable
housing.
Community Development Director Bob Keating stated that the County must follow the
regulations in Florida Statutes, Chapter 163, and the Housing Incentive Plan in order to receive
SHIP funds.
County Attorney Collins noted that property owners have to have options to do some sort
of development on their property.
Chairman Ginn then suggested adopting the City of Sebastian regulations as to
single-family residential development.
DonnaKeys
agreed that Sebastian has great landscaping regulations and that she would
like to see the County adopt more of their requirements. She again offered to sit down with the
Commissioners and staff to go over the recommendations.
Chairman Ginn felt a workshop was needed and that each Commissioner should get
together with staff to discuss the recommendations and meet later to discuss them.
NO ACTION REQUIRED OR TAKEN.
AUGUST 17, 2004 33
13.D. COMMISSIONER THOMAS S. LOWTHER – ADVANCED LIFE
SUPPORT (ALS) ENGINES (EMERGENCY SERVICES)
Withdrawn.
13.E. COMMISSIONER KENNETH R. MACHT – NEIGHBORHOOD
RD
PLANNING (43 AVENUE WIDENING AND OTHER PROJECTS
CURRENTLY UNDER DISCUSSION) (OUT-OF-COUNTY TRAVEL)
(CLERK’S NOTE: SEE ITEM 7.F. FROM AUGUST 10, 2004 MEETING – OUT-OF-COUNTY
TH
TRAVEL FOR COMMISSIONERS TO ATTEND THE 8 ANNUAL FLORIDA
NEIGHBORHOODS CONFERENCE, SEPTEMBER 16-18, 2004 AT THE ADAMS MARK
HOTEL, JACKSONVILLE, FLORIDA)
Commissioner Macht felt someone should attend this conference which might yield some
innovative ideas regarding better control of traffic, connectivity of roads, and enhancement of the
concept of neighborhood. He noted that out-of-County travel was approved on August 10, 2004,
and suggested that staff investigate attending.
14.A. EMERGENCY SERVICES DISTRICT - NONE
14.B. SOLID WASTE DISPOSAL DISTRICT - NONE
.
14.C. ENVIRONMENTAL CONTROL BOARD - NONE
.
ALLBACKUPDOCUMENTATION,RESOLUTIONS,ANDORDINANCESAREONFILEINTHEOFFICEOF
THECLERKTOTHEBOARDANDAREHEREBYMADEAPARTOFTHESEMINUTES
AUGUST 17, 2004 34
There being no further business, on Motion duly made, seconded and carried, the Board
adjourned at 12:43 p.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman
Minutes Approved: _________________
BCC/PLJ/2004Minutes
AUGUST 17, 2004 35