HomeMy WebLinkAbout09/6/2005
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF SEPTEMBER 06, 2005
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE...................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS ............................................................................................................ 2
5.PRESENTATION OF REVENUE SHARING PAYMENT FROM
U.S. FISH AND WILDLIFE SERVICE TO INDIAN RIVER
COUNTY – PAUL TRITAIK, REFUGE MANAGER, PELICAN
ISLAND NATIONAL WILDLIFE REFUGE ........................................... 2
6.A.APPROVAL OF MINUTES OF BUDGET WORKSHOP – JULY
13, 2005 ........................................................................................................... 2
6.B.APPROVAL OF MINUTES OF REGULAR MEETING OF
AUGUST 9, 2005 ........................................................................................... 3
7.CONSENT AGENDA ................................................................................... 3
September 6, 2005 1
7.A.R .....................................................................................................................3
EPORTS
7.BAW–A12–18,2005 ...................................................4
PPROVAL OF ARRANTS UGUST
7.C.AW–A18–25,2005 ...................................................4
PPROVAL OF ARRANTS UGUST
7.D.JG’RED
OHN ALLOWS ESIGNATION FROM THE CONOMIC EVELOPMENT
C(EDC)-MTF .....................................................4
OUNCIL ANUFACTURING ASK ORCE
7.E.ARNO/OT
PPOINTMENT OF ICH ALBANDIAN AS WNERPERATOR OURIST
AMTDC(TDC) ......4
CCOMMODATION EMBER TO THE OURIST EVELOPMENT OUNCIL
7.F.PHJWHRF
ROCLAMATION ONORING UDY AKEFIELD ON ER ETIREMENT ROM
IRCUF/IFASES ...........................................5
NDIAN IVER OUNTY XTENSION ERVICE
7.G.LSLRPU-M,N,L,
IBRARY YSTEM ONG ANGE LAN PDATE AIN ORTH AW AND
GL ...................................................................................................5
IFFORD IBRARIES
7.H.QCDGLLC–FPA–Q
UAIL REEK EVELOPMENT ROUP INAL LAT PPROVAL UAIL
CPD(PD)–(CC
REEK LANNED EVELOPMENT ONTRACT FOR ONSTRUCTION OF
RSIRG,LLC)................5
EQUIRED AND IDEWALK MPROVEMENTS WITH EGENT ROUP
7.I.SSCDBG(CDBG)H
IXTH ET OF OMMUNITY EVELOPMENT LOCK RANT OUSING
RB(4B)-SSDBO
EHABILITATION IDS IDS ECOND ET OF EMOLITION IDS FOR NE
H–ORHB ...................................................................6
OME NE EPLACEMENT OME ID
7.J.LH,I.–D’AC
ENNAR OMES NC EVELOPERSS GREEMENT FOR ONTRIBUTIONS TO
THRD
IISR60/58ASR60/43AVE–
NTERSECTION MPROVEMENTS AT VENUE AND
VT ...........................................................................................................7
ERONA RACE
7.K.ERSI–CON.004–
AST OSELAND TORMWATER MPROVEMENTS HANGE RDER O
C’FPR–J/WC,
ONTRACTORS INAL AY EQUEST OBEARARDEN ONSTRUCTION
I.(RR) ..................................................................................7
NC ELEASE OF ETAINAGE
7.L.R2005-129–MBA020 ....................8
ESOLUTION ISCELLANEOUS UDGET MENDMENT
7.M.I-BFF136,124,312,418..............................8
NTERFUND ORROWING ROM UNDS AND
7.N.R2005-130–R-AI911F ......................8
ESOLUTION EUTHORIZING MPOSITION OF EE
7.O.RC“E”CPC
ENEWAL FOR LASS ERTIFICATE OF UBLIC ONVENIENCE AND
NIRMHP
ECESSITY FOR NDIAN IVER EMORIAL OSPITAL TO ROVIDE
W/SS .........................................................................9
HEELCHAIRTRETCHER ERVICES
7.P.EM,PATF
MERGENCY ANAGEMENT REPAREDNESS AND SSISTANCE RUST UND
BGA-EMP
ASE RANT GREEMENT MERGENCY ANAGEMENT ERFORMANCE
G .........................................................................................................................9
RANT
September 6, 2005 2
9.A.1.PUBLIC HEARING – ORDINANCE 2005-030 – LDR
AMENDMENTS TO CHAPTERS 911 (ZONING), 913
(SUBDIVISIONS AND PLATS), 915 (PLANNED
DEVELOPMENT PROCESS AND STANDARDS) AND 971
(BUFFER PROVISIONS OF REQUIREMENTS FOR SPECIFIC
LAND USES) ............................................................................................... 10
9.A.2.PUBLIC HEARING – ORDINANCE 2005-031 AMENDING LDR
CHAPTER 930 (STORMWATER MANAGEMENT AND FLOOD
PROTECTION ORDINANCE) ................................................................ 13
9.A.3.PUBLIC HEARING ORDINANCE 2005-032 – AMENDING
SECTION 913.10(2) TO ALLOW MAINTENANCE BONDS AS
SECURITY FOR THE WARRANTY OF REQUIRED
SUBDIVISION IMPROVEMENTS ......................................................... 16
9.A.4.PUBLIC HEARING – CHILDREN’S DISCOVERY CENTER –
SPECIAL EXCEPTION USE APPROVAL TO EXPAND AN
EXISTING DAYCARE .............................................................................. 21
9.A.5.PUBLIC HEARING – ORDINANCE 2005-033 – REZONE 3.44
ACRES FROM RMH-8 TO RS-6 – TIMOTHY L. AND SANDRA
J. GAITHER ................................................................................................ 22
9.A.6.PUBLIC HEARING – ORDINANCE 2005-034 – REZONE 7.31
TH
ACRES FROM RMH-8 TO RS-6 – NORTHWEST OF 50
TH
AVENUE AND 45 STREET (OMNI CONSTRUCTION
INTERNATIONAL) ................................................................................... 23
September 6, 2005 3
9.A.7.PUBLIC HEARING – REQUEST TO REZONE 7.74 ACRES
TH
FROM CH TO CG – BEALE HOLDING INC. – NORTH OF 9
STREET SOUTHWEST (OSLO ROAD) AND
RD
APPROXIMATELY 580 FEET EAST OF 43 AVENUE ................... 24
9.A.8.PUBLIC HEARING – INDIAN RIVER CLUB – MODIFICATION
OF THE APPROVED PLANNED DEVELOPMENT (PD)
CONCEPTUAL PLAN (PLAT 5) ............................................................. 27
9.A.9.PUBLIC HEARING – (1) RESOLUTION 2005-131 ENTERPRISE
ZONE STRATEGIC PLAN, THE FLORIDA ENTERPRISE
ZONE PROGRAM APPLICATION PACKAGE FOR THE
COUNTY AND THE CITY OF VERO BEACH (2)
INTERLOCAL AGREEMENT BETWEEN THE COUNTY AND
THE CITY OF VERO BEACH REGARDING THE
ENTERPRISE ZONE AND ENTERPRISE ZONE
DEVELOPMENT AGENCY ..................................................................... 28
9.B.1.PUBLIC DISCUSSION ITEM - L.W. WADSWORTH –
TH
PETITION OF THE RESIDENTS OF 50 AVENUE BETWEEN
ROUTE 60 AND WALKER AVENUE .................................................... 29
9.C.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON SEPTEMBER 13, 2005 ................................................... 34
9.C.1.NA-CS–DS
OTICE OF TTORNEYLIENT ESSION ISCUSSION OF ETTLEMENT
PRMGDDFII,LLC.
ROPOSALS WITH ESPECT TO EVELOPMENT OF LORIDA V
IRC ............................................................................................ 34
NDIAN IVER OUNTY
9.C.2.AOBCCI
N RDINANCE OF THE OARD OF OUNTY OMMISSIONERS OF NDIAN
RC,FL,DTM
IVER OUNTY ORIDA ECLARING A EMPORARY ORATORIUM ON THE
AAAP
CCEPTANCE OF PPLICATIONS FOR DMINISTRATIVE ERMITS AND THE
September 6, 2005 4
IAPA“SLS-
SSUANCE OF DMINISTRATIVE ERMIT PPROVALS FOR MALL OT INGLE
FS”;PP;PS
AMILY UBDIVISIONS ROVIDING FOR ROHIBITION ROVIDING ETTING
FEED.(L) ................................ 34
ORTH XPIRATION AND FFECTIVE ATES EGISLATIVE
11.A.1.COMMUNITY DEVELOPMENT – RESOLUTION 2005-132 - X-
STREAM SYSTEMS, INC. – LOCAL JOBS GRANT .......................... 34
11.C.1GENERAL SERVICES – FIBER OPTIC NETWORK CABLING
GENERAL SERVICES – BID AWARD # 7044 - PRECISION
CONTRACTING SERVICES, INC. ........................................................ 35
11.C.2.GENERAL SERVICES - CONTRACT FOR NEW CIRCUITS TO
NEW COURTHOUSE TELEPHONE SYSTEM – BELL SOUTH –
2 PRI CIRCUITS ......................................................................................... 36
11.C.3.GENERAL SERVICES - NEW COURTHOUSE TELEPHONE
SYSTEM - NEC UNIFIED SOLUTIONS - CONTRACT ..................... 36
11.I.1PUBLIC WORKS – DESIGN AND PERMITTING OF BEACH
RESTORATION ENGINEERING SERVICES SELECTION
INDIAN RIVER COUNTY BEACH PRESERVATION PLAN
(SOQ NO. 7082) ........................................................................................... 37
11.I.2.PUBLIC WORKS – WASTE MANAGEMENT, INC. OF
FLORIDA – HURRICANE DEBRIS REMOVAL CONTRACT –
RELEASE OF RETAINAGE .................................................................... 38
September 6, 2005 5
RD
11.I.3.PUBLIC WORKS – OSLO/43 AVENUE IMPROVEMENTS –
CHANGE ORDER NO. 2 AND FINAL RELEASE OF
RETAINAGE – SHELTRA & SON CONSTRUCTION CO., INC. .... 38
11.I.4.PUBLIC WORKS – (1) CIVIL ENGINEERING AND LAND
SURVEYING AGREEMENT WITH ARCADIS G & M, INC.
TH
FOR WIDENING OF 66 AVENUE FROM SOUTH OF SR 60
TH
TO NORTH OF 45 STREET (2) ADDENDUM NO. 1 TO
KIMLEY-HORN ASSOCIATES, INC. FOR INTERSECTION
TH
IMPROVEMENTS AND BRIDGE REPLACEMENT AT 66
ST
AVENUE AND 41 STREET ................................................................... 38
11.J.1.UTILITIES – SCHUMANN DRIVE FORCE MAIN
REPLACEMENT PROJECT FROM BAILEY DRIVE TO
CAPROL LANE (SEBASTIAN) – THE DANELLA COMPANIES,
INC. – WORK AUTHORIZATION NO. 2005-008 ................................ 39
11.J.2.UTILITIES – SCHUMANN DRIVE AND EMPRESS AVENUE
UTILITY CANAL CROSSING REPLACEMENT – THE
DANELLA COMPANIES, INC. – WORK AUTHORIZATION
NO. 2005-005 ................................................................................................ 40
11.J.3.UTILITIES – VILLAS AT THE VERONA TRACE
SUBDIVISION – DEVELOPER’S AGREEMENT FOR A
CONSTRUCTION OF OFF-SITE MASTER PLANNED WATER
MAIN AND ON-SITE PUMP STATION ADDITION – LENNAR
HOMES, INC. .............................................................................................. 40
12.A.COUNTY ATTORNEY – UPDATE ON IMPACT FEE
ORDINANCE .............................................................................................. 41
September 6, 2005 6
13.D.COMMISSIONER WESLEY S. DAVIS – INFORMATION
REGARDING THE HISTORIC FISHING AREA IN SEBASTIAN .. 42
14.A.EMERGENCY SERVICES DISTRICT - NONE ................................... 42
14.B.SOLID WASTE DISPOSAL DISTRICT - NONE .................................. 42
14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 42
September 6, 2005 7
September 6, 2005
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
th
Regular Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on
Tuesday, September 6, 2005, at 9:00 a.m. Present were Vice Chairman Arthur R. Neuberger,
Commissioners Sandra L. Bowden, Wesley S. Davis, and Gary C. Wheeler (Chairman Thomas
S. Lowther absent). Also present were County Administrator Joseph A. Baird, County Attorney
William G. Collins II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Ilea
M. Petsel.
1. CALL TO ORDER
Vice Chairman Neuberger called the meeting to order.
2. INVOCATION
Reverend Dawn Lawton, Christ by the Sea United Methodist Church, delivered the
Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Wheeler led the Pledge of Allegiance to the Flag.
September 6, 2005 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Vice Chairman Neuberger requested the following changes to today’s Agenda:
9.B.1. Move Heard before item 9.A.1.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Bowden (by a 4-0 vote Chairman
Lowther absent), the Board unanimously made the above
changes to the Agenda.
5. PRESENTATION OF REVENUE SHARING PAYMENT FROM
U.S. FISH AND WILDLIFE SERVICE TO INDIAN RIVER
COUNTY – PAUL TRITAIK, REFUGE MANAGER, PELICAN
ISLAND NATIONAL WILDLIFE REFUGE
Paul Tritaik
Refuge Manager of Pelican Island National Wildlife Refuge
presented the Revenue Sharing Payment from the U.S. Fish and Wildlife Service to the County
in the amount of $71,901.00 for fiscal year 2004.
6.A. APPROVAL OF MINUTES OF BUDGET WORKSHOP – JULY
13, 2005
Vice Chairman Neuberger asked if there were any corrections or additions to the
Minutes of the Budget Workshop of July 13, 2005. There were none.
September 6, 2005 2
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously approved
(by a 4-0 vote Chairman Lowther absent) the Minutes of
the Budget Workshop of July 13, 2005, as written and
distributed.
6.B. APPROVAL OF MINUTES OF REGULAR MEETING OF
AUGUST 9, 2005
Vice Chairman Neuberger asked if there were any corrections or additions to the
Minutes of the Regular Meeting of August 9, 2005. There were none.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
(by a 4-0 vote Chairman Lowther absent) the Minutes of
the Regular Meeting of August 9, 2005, as written and
distributed.
7. CONSENT AGENDA
7.M.
Item was pulled from the Consent Agenda 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.Vero Lakes Water Control District – Meeting Notice September 15, 2005.
2.Report of Convictions – July 2005
September 6, 2005 3
7.B AW–A12–18,2005
PPROVAL OF ARRANTS UGUST
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
(by a 4-0 vote Chairman Lowther absent) the list of
Warrants as issued by the Clerk to the Board for the time
period of August 12-18, 2005, as requested.
7.C. AW–A18–25,2005
PPROVAL OF ARRANTS UGUST
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
(by a 4-0 vote Chairman Lowther absent) the list of
Warrants as issued by the Clerk to the Board for the time
period of August 18-25, 2005, as requested.
7.D. JG’RE
OHN ALLOWS ESIGNATION FROM THE CONOMIC
DC(EDC)-MTF
EVELOPMENT OUNCIL ANUFACTURING ASK ORCE
The Board noted the resignation for the record.
7.E. ARNO/O
PPOINTMENT OF ICH ALBANDIAN AS WNERPERATOR
TAMT
OURIST CCOMMODATION EMBER TO THE OURIST
DC(TDC)
EVELOPMENT OUNCIL
September 6, 2005 4
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously
appointed (by a 4-0 vote Chairman Lowther absent) Rich
Nalbandian as the Owner/Operator Tourist
Accommodations member to the TDC, as recommended in
the memorandum of August 25, 2005.
7.F. PHJWH
ROCLAMATION ONORING UDY AKEFIELD ON ER
RFIRCUF/IFASE
ETIREMENT ROM NDIAN IVER OUNTY XTENSION
S
ERVICE
The Proclamation was noted for the record.
7.G. LSLRPU-M,N,
IBRARY YSTEM ONG ANGE LAN PDATE AIN ORTH
L,GL
AW AND IFFORD IBRARIES
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
(by a 4-0 vote Chairman Lowther absent) the Library
System Long Range Plan Update, as recommended in the
memorandum of August 12, 2005.
7.H. QCDGLLC–FP
UAIL REEK EVELOPMENT ROUP INAL LAT
A–QCPD(PD)–
PPROVAL UAIL REEK LANNED EVELOPMENT
(CCRS
ONTRACT FOR ONSTRUCTION OF EQUIRED AND IDEWALK
IRG,LLC)
MPROVEMENTS WITH EGENT ROUP
September 6, 2005 5
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously granted
(by a 4-0 vote Chairman Lowther absent) final plat
approval for Quail Creek PD with the mylar being
recorded after acceptable security is received, as
recommended in the memorandum of August 25, 2005.
7.I. SSCDBG(CDBG)
IXTH ET OF OMMUNITY EVELOPMENT LOCK RANT
HRB(4B)-SS
OUSING EHABILITATION IDS IDS ECOND ET OF
DBOH–ORH
EMOLITION IDS FOR NE OME NE EPLACEMENT OME
B
ID
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board contingent on DCA
approval of a contractor sole source waiver unanimously
awarded (by a 4-0 vote Chairman Lowther absent) the
th
housing rehabilitation bid for (1) Johnnie Ross \[4171 28
Avenue\] to Turner Construction in the total amount of
th
$45,510.00 (2) John Brown \[3235 45 Street\] to Turner
Construction in the total amount of $46,650.00 (3) Nina
th
Cobb \[3406 47 Street\] to Turner Construction in the
th
amount of $35,220.00 (4) Mitzi Gaynor \[4145 47 Place\]
to Turner Construction in the amount of $31,260.00, (5)
th
the housing demolition bid for Daisy Davis \[1860 38
Street\] to Affordable Trucking and Land Clearing in the
total amount of $5,500.00, and (6) the housing
th
replacement bid for Daisy Davis \[1860 38 Street\] to
September 6, 2005 6
Turner Construction in the total amount of $52,000.00, as
recommended in the memorandum of August 24, 2005.
7.J. LH,I.–D’A
ENNAR OMES NC EVELOPERSS GREEMENT FOR
TH
CIISR60/58
ONTRIBUTIONS TO NTERSECTION MPROVEMENTS AT
RD
ASR60/43AVE–VT
VENUE AND ERONA RACE
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
(by a 4-0 vote Chairman Lowther absent) the Developer’s
agreement with Lennar Homes, Inc., as recommended in
the memorandum of August 17, 2005.
7.K. ERSI–CO
AST OSELAND TORMWATER MPROVEMENTS HANGE RDER
N.004–C’FPR–
O ONTRACTORS INAL AY EQUEST
J/WC,I.(RR)
OBEARARDEN ONSTRUCTION NC ELEASE OF ETAINAGE
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
(by a 4-0 vote Chairman Lowther absent) Change Order
No. 004, the Contractor’s Final Pay Request, including the
release of the project retainage and authorized the
Chairman to execute, as recommended in the
memorandum of August 19, 2005.
September 6, 2005 7
7.L. R2005-129–MBA
ESOLUTION ISCELLANEOUS UDGET MENDMENT
020
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously adopted
(by a 4-0 vote Chairman Lowther absent) Resolution
2005-129 amending the fiscal year 2004-2005 budget.
7.M. I-BFF136,124,312,418
NTERFUND ORROWING ROM UNDS AND
Commissioner Wheeler asked for clarification on the distribution of the funds.
Office of Management and Budget Director Jason Brown provided an explanation as to what
each of the funds were and the reasons for the transfers.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
(by a 4-0 vote Chairman Lowther absent) inter-fund
borrowing from Fund 136 to 001, 124 to 109, 312 to 502,
418 to 109, as recommended in the memorandum of
August 29, 2005.
7.N. R2005-130–R-AI911
ESOLUTION EUTHORIZING MPOSITION OF
F
EE
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously adopted
(by a 4-0 vote Chairman Lowther absent) Resolution
September 6, 2005 8
2005-130 providing for the establishment of a countywide
“911” telephone fee to pay for system charges; providing
for severability; providing for inclusion in the Indian River
County Administrative Code; and providing an effective
date.
7.O. RC“E”CPC
ENEWAL FOR LASS ERTIFICATE OF UBLIC ONVENIENCE
NIRMH
AND ECESSITY FOR NDIAN IVER EMORIAL OSPITAL TO
PW/SS
ROVIDE HEELCHAIRTRETCHER ERVICES
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
(by a 4-0 vote Chairman Lowther absent) renewal of the
Class “E” Certificate of Public Convenience and Necessity
for Indian River Memorial Hospital, to be effective for a
period of two years from October 2, 2005, to October 2,
2007, as recommended in the memorandum of August 26,
2005..
7.P. EM,PA
MERGENCY ANAGEMENT REPAREDNESS AND SSISTANCE
TFBGA-E
RUST UND ASE RANT GREEMENT MERGENCY
MPG
ANAGEMENT ERFORMANCE RANT
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
(by a 4-0 vote Chairman Lowther absent) the fiscal-year
05/06 EMPA portion of the State Funded Subgrant
September 6, 2005 9
Agreement and funds to be allocated as follows: (1)
Continued funding of the salaries and benefits existing
Emergency Management Planner position and allow
improvements to the amateur radio communication system
as identified in the 05/06 001-238 General Fund budget
account in the amount of $90,817.00. The remaining
$12,142.00 expenditures will be combined with the 05/06
EMPG funding allocation and brought back to the Board
at a later date and (2) authorized Director of Emergency
Services John King to act as the contract manager for this
agreement, as recommended in the memorandum of
August 26, 2005.
(AGREEMENT IS ON FILE)
9.A.1. PUBLIC HEARING – ORDINANCE 2005-030 – LDR
AMENDMENTS TO CHAPTERS 911 (ZONING), 913
(SUBDIVISIONS AND PLATS), 915 (PLANNED
DEVELOPMENT PROCESS AND STANDARDS) AND 971
(BUFFER PROVISIONS OF REQUIREMENTS FOR SPECIFIC
LAND USES)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling gave the history of these amendments and explained
this proposal will codify the pending ordinance doctrine and there have been some changes to
some details. He stated the Professional Services Advisory Committee (PSAC), the Planning and
Zoning Commission, and staff recommended approval.
September 6, 2005 10
Commissioner Wheeler questioned changes made in Sections 5 and 10 regarding
irrigation. He would like to invite St. Johns River Water Management District (SJRWMD)
representatives for an update on water shortages, native plants, and additional irrigation.
Director Boling explained there are some standards for irrigation in Chapter 926.
The Vice Chairman opened the public hearing and asked if anyone wished to be
heard regarding this matter.
Joseph Paladin
, Chairman of the Growth Awareness Committee, stated his
committee stands behind all of the ordinances for this public hearing.
David Cox
, Perriwinkle Drive, commented that the GAC along with other various
committees have worked hard on these amendments and the Board will see revisions to Chapter
926 coming forward at a later date.
The Vice Chairman closed the public hearing.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously adopted
(by a 4-0 vote Chairman Lowther absent) Ordinance 2005-
030 concerning amendments to land development
regulations (LDRs); providing findings; providing for
amendments to Chapter 911, Zoning, by creating Section
911.07(8) to require single-family perimeter buffers; and
amending urban service area boundary buffer
requirements in Section 911.04(3)(C)5 to provide a special
September 6, 2005 11
buffer; providing for amendments to Chapter 913,
subdivisions and plats, by amending buffer requirements
for subdivisions abutting collectors and arterials in Section
913.09(3)(C)5; amending Section 913.09(3)(F) to prohibit
internal street side swales; amending Section 913.09(5) to
require sidewalks and a landscaped area between curbs
and sidewalks; providing for curbing requirements by
creating Section 913.09(3)(J)5; amending wall provisions
by requiring variation in subdivision walls along roadways
in Section 913.09(9); amending the stormwater retention
and detention provisions of Section 913.09(13) to require
lakes with certain exceptions; amending the special
buffers for active recreation uses in Section 913.09(20);
and providing for required green/recreation space in
certain residential subdivisions by creating Section
913.09(21); amending Chapter 915, Planned Development
(P.D.) process and standards for development by
amending the PD minimum buffer requirements in Section
915.16(2), (3), and (4); amending Chapter 971, regulations
for specific land uses by amending the cultural and civic
facility buffer provisions of Section
971.14(3)(d)5;amending the education facilities buffer
provisions of Section 971.14(4)(d)7; amending the
libraries buffer provisions of Section 971.14(8)(d);
amending the governmental administrative building buffer
provisions of Section 971.14(6)(d); amending the
junk/salvage yard buffer provisions of Section
971.27(2)(c); amending the demolition debris sites buffer
September 6, 2005 12
provisions of Section 971.27(1)(c); amending the Child
Care and Adult Care buffer provisions of Section
971.28(1)(d); amending the civic and social membership
organization buffer provisions of Section 971.28(2)(d)1;
amending the places of worship buffer provisions of
Section 971.28(5)(d)4; amending the heavy utilities buffer
provisions of Section 971.44(2)(c); and amending the
limited utilities buffer provisions of Section 971.44(3)(d);
providing for repeal of conflicting provisions;
codification; severability; and an effective date.
9.A.2. PUBLIC HEARING – ORDINANCE 2005-031 AMENDING
LDR CHAPTER 930 (STORMWATER MANAGEMENT AND
FLOOD PROTECTION ORDINANCE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Engineer Chris Kafer explained that over two years ago the Board directed
County Staff to review and revise Section 930 in order to prohibit dry retention systems for new
rd
development west of 43 Avenue. He revealed that the purpose of the direction was due to poor
percolation characteristics of the existing soils. Mr. Kafer stated that research shows the poor
rd
percolation characteristics were not limited to west of 43 Avenue but were present throughout
the entire County. He set forth that the proposed changes are for the entire County and
summarized various modifications in Chapter 930. Mr. Kafer revealed that St. Johns River Water
Management District (SJRWMD) was not in favor of fountains and aeration devices in
stormwater retention ponds but they will issue permits for them.
September 6, 2005 13
The Vice Chairman opened the public hearing.
Discussion ensued on fountains, aeration devices in stormwater retention ponds,
and corresponding with SJRWMD to get a better understanding of the current water situation.
The Chairman asked if anyone else wished to be heard regarding this matter. There
being none, the Chairman closed the public hearing.
The Vice Chairman closed the public hearing.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously adopted
(by a 4-0 vote Chairman Lowther absent) Ordinance 2005-
031 concerning amendments to land development
regulations (LDRs); providing findings; providing for
amendments to rules of construction; prohibiting
construction or alteration of a structure to impede an
existing drainage system that has historically provided
drainage; amending nomenclature used in exemptions;
amending requirements for type A permits to require
retention from non-residential sites within one mile of the
Indian River Lagoon; imposing requirements for use of a
flap gate and proving minimum elevations for such areas;
amending elevation levels in certain storms; amending
bridge member height requirements; providing that
approval of side and rear lot drainage swales will only be
considered in certain areas; prohibiting the use of front,
rear, or side lot swales in certain subdivisions unless a
September 6, 2005 14
waiver is granted; providing for the sodding of certain
flatter slopes; allowing fiber-reinforced concrete pipe and
HDPE N-12 to be used; amending the minimum diameter
of stormwater management system discharge culverts;
providing for obstruction-free stormwater management
tracts and easements; providing for required maintenance
easement areas and prohibition of obstructions and
exemptions thereto; amending requirements for wet and
dry retention and detention areas; requiring developers of
developed sites seeking major site plan approval or major
modifications of existing land development permits to
comply with new stormwater treatment requirements;
requiring developers of currently developed sites obtaining
minor site plan or administrative approval to meet
stormwater treatment requirements; amending preliminary
and final requirements applicable to residential
subdivisions within flood hazard zones; providing basin
maximum discharge rates for certain water control
districts; amending soil borings requirements for type A
permits; providing that type A and type B permits may not
be submitted until the project has been approved by TRC;
amending the stormwater management administrative
duties of the Public Works Director; providing that the
County must verify that the as-built survey complies with
the approved grading plan prior to issuance of a certificate
of occupancy; and providing for repeal of conflicting
provisions; codification severability; and an effective date.
September 6, 2005 15
9.A.3. PUBLIC HEARING ORDINANCE 2005-032 – AMENDING
SECTION 913.10(2) TO ALLOW MAINTENANCE BONDS AS
SECURITY FOR THE WARRANTY OF REQUIRED
SUBDIVISION IMPROVEMENTS
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
County Attorney William Collins stated there have been some unintended
consequences regarding Section 913.10(2) and clarified that bonds will be accepted to guarantee
installed improvements within the three-year warranty period.
Commissioner Wheeler referred to Michael O’Haire’s letter which explained that a
developer is not a contractor and therefore not bondable.
Attorney Collins felt in most cases the developers are bondable and in his
experience most developers will provide their bonds. He explained that Mr. O’Haires’ issue is
more about timing. When the County required construction security be increased to 125% and
would only accept a letter of credit or cash, the County gave an effective date of September 20,
2005 so that certain developments in process could be completed before the rule changes would
affect them. With respect to the maintenance bond provision there was no such grace period. As
a consequence, any development that came in with their Certificate of Completion (CC) was now
presented with a request for a three-year maintenance bond.
County Administrator Joseph Baird commented that staff is hearing from the
development community that, if the developer is not a contractor, he cannot get the bond. He
suggested adding the language “or contractor” to the ordinance should resolve the problem.
Attorney Collins asserted that companies cannot get the bonds because the do not
have the capitalization or the financial strength for a bonding company to stand behind them.
September 6, 2005 16
The Vice Chairman opened the public hearing.
Michael O’Haire
, a lawyer with offices on Cardinal Drive, represents a developer
(Doug Engle) who is not a contractor and cannot get a bond. He explained what insurance the
conditions surety companies are looking for when giving bonds. He gave the history of the Lakes
at Sandridge project expressing how the rules have changed since the development began. He
would like the Board to tell staff they did not intend to adopt an ordinance that would have a
retroactive effect.
Ron Lees
explained that he and his family have been unable to move into their
home in the Lakes at Sandridge because of the bond situation.
Administrator Baird stated the Lakes at Sandridge are waiting to get their bond and
staff does not have the ability under the rules to resolve Mr. Lees dilemma.
Mr. O’Haire
stated the problem is that the County has adopted a new set of rules
which have had unintended effects when they are applied retroactively. He asserted that the way
to get Mr. Lees in his home would be to tell staff this ordinance does not apply to projects that
started before its adoption.
Commissioner Davis would like to see how fast the Board can get these people in
their homes if the County allows the contractor to be bonded.
Attorney Collins also suggested a change in the language by adding “and/or
contractor” to the ordinance.
Danny Delisle
, Vero Beach, stated he is still waiting on a CC because he was told
it is difficult for the County to enforce the bond.
Commissioner Davis stated that no longer could a developer do what Mr. Delisle is
referring to.
September 6, 2005 17
Bob Johnson
, Coral Wind Subdivision, stated there has been ample time for the
developers to make their changes and it seems Attorney Collins is letting this developer off the
hook.
Doug Engle
, developer of The Lakes at Sandridge, gave a history of his business
and stated developers are not able to get bonds because they do not physically do the work. He
stressed the contractor that does the work is the person who can get the bond. He asserted that
the language change will help him quite a bit but there is a provision that states at the end of the
three years, the County may release the bond and he does not think any bonding agency will go
along with that.
Pam Tory
, Kenwood Village, stated the Board should not lessen its bonding
requirements.
Chuck Mechling
, 1999 Pointe West Drive, a developer, is in agreement that
should be a maintenance bond but he is not able to get one. He asked that the contractor who
performed the work post the maintenance bond. He commented that in the agreement there is no
list of standards of what is required of the contractor throughout the three-year period and the
Utilities Department accepts maintenance bonds from contractors who perform the work in
developments.
Joseph Paladin
, President of the Growth Awareness Committee, stressed the
problem is with the maintenance bond. He explained that by having the contractor take out the
bond if he/she does not finish the obligation and the bond is pulled he/she would be out of
business. Mr. Paladin commented that the three-year warranty period should also be addressed.
Commissioner Davis stated that he supports the three-year time period for the
protection of the people who live in the developments.
September 6, 2005 18
Mr. Engle
expressed that he has tried several bonding companies with his
contractor and they have only been able to get a two-year bond with the ability to renew in a
year.
Michael O’Haire
stated he would not like the Ordinance to be changed but rather
interpreted to have prospective not retroactive effects.
Nick Christener
, 5145 Windjammer Lane, asked whether the problem would be
solved if Mr. Engel could get the two-year bond with the one-year option.
The Vice Chairman closed the public hearing.
Discussion ensued and Attorney Collins stated a two-year bond with a one-year
option could be worked out.
MOTION WAS MADE by Commissioner Davis to add
the language “and/or contractor” to the ordinance,
SECONDED by Commissioner Wheeler.
The Vice Chairman CALLED THE QUESTION and the
motion passed by a 4-0 vote Chairman Lowther absent,
and the Board adopted Ordinance 2005-032 amending
Indian River County Code Section 913.10(2) to allow
maintenance bonds as security for the warranty of required
subdivision improvements.
Assistant County Attorney Bill DeBraal felt the motion was sufficient to get the
Lee’s in their home. He explained the developer will now be able to, post the necessary bonds to
September 6, 2005 19
get the CC (Certificate of Completion), the CC would allow Mr. Lees and the other nine people
in his position to obtain their CO (Certificate of Occupancy), which would allow them to close
with the bank, and move into their homes.
Michael O’Haire
was concerned staff would analyze the Ordinance in a way that
would not allow the developer to get a CO.
Vice Chairman Neuberger stated that staff understands the intent of the Board to
get the Lees in their home.
Mr. Lees
revealed his concern that the bond process would take a long time and
requested the Board exempt the first eleven homes in the subdivision.
Vice Chairman Neuberger clarified that the developer stated he already had the
bond.
Mr. Engel
explained he has the bond but not on the County’s form.
Assistant Attorney DeBraal explained staff has not received an acceptable bond for
the Lakes at Sandridge. He expressed that the Board has done enough to get the Lee’s in their
home. It is now up to the developer or the contractor to supply the sufficient bonding.
(CLERK’S NOTE: The Vice Chairman called a short recess at 11:32 a.m. and the
meeting was reconvened at 11:42 a.m. with all members present.)
September 6, 2005 20
9.A.4. PUBLIC HEARING – CHILDREN’S DISCOVERY CENTER –
SPECIAL EXCEPTION USE APPROVAL TO EXPAND AN
EXISTING DAYCARE
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Planning Director Stan Boling used the projector to illustrate the location of the
site, explained that Planning and Zoning voted 7-0 to approve this expansion, and he went over
the changes being made to the site plan due to the expansion.
The Vice Chairman opened the public hearing.
Erin Bowles
, MBV Engineering, explained he is available for any questions the
Board may have regarding this matter and stated that he believed Chairman Lowther would to
support the expansion.
Bill Mills
, 2816 Laurel Drive, stated that his wife runs the daycare center and they
have met with the representatives of the church across the street to come to an agreement on
where the best place for the turn lane would be to relieve some congestion in that area.
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Pastor Joe Brooks
, 20 Avenue, spoke in support of the expansion.
The Vice Chairman closed the public hearing.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
(by a 4-0 vote Chairman Lowther absent) \[1\] Found that it
is empowered under the provisions of Chapter 971 to
September 6, 2005 21
review the special exception applied for, \[2\] The granting
of the special exception will not adversely affect the
public interest; \[3\] The application satisfies the general
and specific criteria required for special exception
approval; and \[4\] the conditions stated below are adequate
to ensure compatibility between the special exception use
and surrounding land uses; and the special exception use
request for the proposed expansion with the following
conditions: (1) That prior to the Certificate of Occupancy,
the applicant shall: (a) Install a southbound left-turn lane
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on 20 Avenue at the site’s southern driveway entrance.
(b) Install all proposed buffer and opaque feature
improvements, as recommended in the memorandum of
August 5, 2005.
9.A.5. PUBLIC HEARING – ORDINANCE 2005-033 – REZONE 3.44
ACRES FROM RMH-8 TO RS-6 – TIMOTHY L. AND SANDRA
J. GAITHER
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Community Development Director Bob Keating stated he would go over items
9.A.5. and 9.A.6. using the same presentation. He explained both items are sites located close to
each other, the rezoning request is the same, and both represent a downzoning. He explained the
locations, amount of acreages, Planning and Zonings’ recommendation to approve, and the
current zonings.
The Vice Chairman opened the public hearing.
September 6, 2005 22
Michael O’Haire
spoke as representative for the owners of the properties.
Erin Bowles
, MBV Engineering, spoke as representative for Omni Corporation
and offered assistance if the Board had any questions regarding this matter.
The Vice Chairman closed the public hearing
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously (by a
4-0 vote Chairman Lowther absent) adopted Ordinance
2005-033 amending the Zoning Ordinance and the
accompanying zoning map for more or less 3.44 acres
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located approximately 630 feet north of 45 Street and
st
west of 51 Court, from RMH-8, Residential Mobile
Home District (up to 8 units/acre), to RS-6, Single Family
Residential District (up to 6 units/acre) (map 1).
9.A.6. PUBLIC HEARING – ORDINANCE 2005-034 – REZONE 7.31
TH
ACRES FROM RMH-8 TO RS-6 – NORTHWEST OF 50
TH
AVENUE AND 45 STREET (OMNI CONSTRUCTION
INTERNATIONAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
This Item was heard along with Item 9.A.5. and the same speakers were heard.
September 6, 2005 23
The Vice Chairman closed the public hearing.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously adopted
Ordinance 2005-034 amending the Zoning Ordinance and
the accompanying zoning map for more or less 7.31 acres
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located at the northwest intersection of 45 Street and 50
Avenue, from RMH-8, Residential Mobile Home district
(up to 8 units/acre), to RS-6, Single Family Residential
District (up to 6 units/acre).
9.A.7. PUBLIC HEARING – REQUEST TO REZONE 7.74 ACRES
TH
FROM CH TO CG – BEALE HOLDING INC. – NORTH OF 9
STREET SOUTHWEST (OSLO ROAD) AND
RD
APPROXIMATELY 580 FEET EAST OF 43 AVENUE
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Community Development Director Bob Keating used a PowerPoint presentation
(copy on file) to illustrate the location, size, purpose, Planning and Zoning recommendations,
existing land uses, the criteria analyzed, concurrency, consistency with the Comprehensive Plan,
environmental impacts, and compatibility of the proposed rezoning.
The Vice Chairman opened the public hearing.
Bob Johnson
, Coral Wind Subdivision, felt that there are many reasons why this
rezoning should not take place including encroachment into residential communities and traffic.
Mr. Johnson was not in favor of the rezoning.
September 6, 2005 24
Discussion ensued on the types of businesses, the volume of traffic and the
different types of vehicles that could be used for both CH and CG.
Bill Mills
, Real Estate Management, clarified there has been a traffic study done
and he is not sure what type of business will be placed on the property at this time.
Andrew Erickson
, on the Board of Directors of Kenwood Village, stated he is not
in objection to all of the types of businesses that could be placed on the property but he does not
want any business that attracts vagrants, homeless, drug dealers, and drunks.
Jerry Rodan
, Kenwood Village, cited he was here to speak as a resident of
Kenwood Village and to speak for the people of Kenwood who were not able to attend and
object to the rezoning. He asked the Board to deny the rezoning request and suggested the
County purchase more park and green space for that area.
Bill Mills
made it clear there would not be a gas station on the property.
Vice Chairman Neuberger remarked that there is not a big difference between the
CG and CH land uses.
Beth Mill
, Kenwood Village, expressed her concern with noise and light pollution
and is not in favor of the rezoning.
Pam Tory
, Kenwood Village, was not in favor of the rezoning and felt it would
have serious negative effects on the area due to the latitude that is given with CG.
Chris Crawford
felt the zoning would be compatible with the neighborhoods if
they were better integrated with one another.
Joe McCalico
, Kenwood Village, spoke in opposition to the rezoning and reported
his concerns with crime if a less than reputable establishment moves onto the property.
September 6, 2005 25
The Vice Chairman closed the Public Hearing.
MOTION WAS MADE by Commissioner Wheeler, to
deny the rezoning request, SECONDED by Commissioner
Bowden.
Commissioner Wheeler believed that any neighborhood wherever possible should
have the right to decide who they want for neighbors within reason.
County Attorney William Collins clarified that the property could be deed
restricted. Deed restriction is not something the Board can compel but is an avenue the property
owner could impose on his own property to try and get some support from the neighborhood.
Mr. Mills
would not limit anyone on their property use. He commented that the
County sets the lighting standards in CH and CG and stressed there will not be a fast-food
restaurant or a gas station on the property.
Director Keating stated there is one alternative that would involve the applicant
filing for a Planned Development (PD) because PDs are allowed in commercial zoning. If the
applicant chooses, he could design his product and the adjacent residents could see the plan and
that plan would be the limitation of what could go on the property.
Discussion ensued and it was discovered that if the proposed rezoning was denied,
the applicant would be precluded for a year from coming back with another rezoning request on
the proposed property.
Commissioner Wheeler WITHDREW his motion and
Commissioner Bowden WITHDREW her second.
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Wheeler, the Board unanimously
September 6, 2005 26
approved (by a 4-0 vote Chairman Lowther absent)
TABLING this item with no time certain set.
9.A.8. PUBLIC HEARING – INDIAN RIVER CLUB –
MODIFICATION OF THE APPROVED PLANNED
DEVELOPMENT (PD) CONCEPTUAL PLAN (PLAT 5)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Planning Director Stan Boling explained this modification would only apply to
courtyard style homes in Indian River Club. He stated the Planning and Zoning Commission
voted 4-1 to approve this recommendation. He furnished that the purpose of the privacy wall
provision was for visual and noise reasons.
The Vice Chairman opened the public hearing.
Joe Bittle
, 1875 Tarpon Lane, explained the owner just wanted the ability to put in
a screen enclosure if they choose.
The Vice Chairman closed the public hearing.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
(by a 4-0 vote Chairman Lowther absent) the conceptual
PD plan modification to establish a 0-foot side setback for
pool enclosures within the Indian River Club Plat 5
neighborhood with the following conditions: (1) The 0-
foot side setback for pool enclosures shall apply only to
the courtyard design homes. A 5-foot setback for pool
enclosures on all non-courtyard homes. (2) A 6-foot solid
September 6, 2005 27
privacy wall shall be provided between any pool enclosure
located less than 5 feet from the property line and the
adjacent property, as recommended in the memorandum of
August 25, 2005.
9.A.9. PUBLIC HEARING – (1) RESOLUTION 2005-131
ENTERPRISE ZONE STRATEGIC PLAN, THE FLORIDA
ENTERPRISE ZONE PROGRAM APPLICATION PACKAGE
FOR THE COUNTY AND THE CITY OF VERO BEACH (2)
INTERLOCAL AGREEMENT BETWEEN THE COUNTY AND
THE CITY OF VERO BEACH REGARDING THE
ENTERPRISE ZONE AND ENTERPRISE ZONE
DEVELOPMENT AGENCY
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Community Development Director Bob Keating explained the history, location,
limits, issues, concerns, and incentives for businesses in the Enterprise Zone.
The Vice Chairman opened the public hearing.
Helen Castletine
,Indian River County Chamber of Commerce, stated the
development of the Enterprise Zone has been a long journey and is ready to go to the next phase.
Bob Johnson
, Coral Wind Subdivision, commented on a Supreme Court Decision
regarding local government taking private property and asked if the Enterprise Zone fell into that
category.
September 6, 2005 28
The Vice Chairman closed the public hearing.
County Attorney Collins explained that the Enterprise Zone is not to take property
but to help with redeveloping the property.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously approved
(by a 4-0 vote Chairman Lowther absent) the Enterprise
Zone Interlocal Agreement with the City of Vero Beach
and adopted Resolution 2005-131 approving the Indian
River County/City of Vero Beach Enterprise Zone
Strategic Plan and authorizing submission of an Enterprise
Zone designation application to the state of Florida.
9.B.1. PUBLIC DISCUSSION ITEM - L.W. WADSWORTH –
TH
PETITION OF THE RESIDENTS OF 50 AVENUE
BETWEEN ROUTE 60 AND WALKER AVENUE
th
Wayne Wadsworth
, 2041 50 Avenue, stated that about three months ago his
th
neighborhood started meeting to discuss options for calming traffic on 50 Avenue. As a result
th
of those meetings about 95% of the owners on 50 Avenue have signed a petition (submitted to
the Board in August) to have a cul-de-sac placed on their street at the Route 60 end. Mr.
Wadsworth explained the road was not built up to code was strictly residential.
Executive Aide to the Board Kim Massung reported that Chairman Lowther would
th
not be in favor of placing a cul-de-sac on 50 Avenue but would be in favor of a speed hump.
September 6, 2005 29
Mr. Wadsworth
commented traffic should not be moved through residential
neighborhoods.
th
Public Works Director Jim Davis specified this is not a unique request and 50
th
Avenue is one of three that connects State Road 60 to 26 Street. He stated if the connections are
terminated then traffic is forced to go one direction, which creates problems for local residents
that live on those streets and capacity issues that already exist at other intersections. He
expressed that staff understands the concerns of traffic calming but feels that terminating the
connection would cause an adverse impact on the overall system. He stated that speed humps do
create a problem for motorcycles, smaller vehicles, and some communities have complained of
noise problems when larger vehicles go over the speed humps.
Vice Chairman Neuberger asked if there were any comparative traffic counts done
th
on 50 Avenue and Director Davis explained the resources are not available to count all of the
local roads.
Commissioner Bowden questioned if the road was substantial and Director Davis
replied he was not sure of the sub grade conditions but if there is a problem with the road failing
it can be addressed.
Commissioner Davis asked the cost of a speed hump and whether there is any
other opportunity for traffic calming devices. Director Davis explained a speed hump would cost
approximately five to six hundred dollars and mentioned other traffic calming devices.
thth
Dick Blair
, 2220 50 Avenue, stressed that 50 Avenue is a substandard street. He
explained there are potholes on the road and there is no drainage. Mr. Blair stated the road is
th
very narrow and speeders have been caught doing 65 miles per hour down 50 Avenue. He
September 6, 2005 30
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specified that 39 children live on 50 Avenue and the through traffic is dangerous. He did not
feel a speed hump would help the problem.
th
Jeff Ripple
, 2056 50 Avenue, stated his concerns including: careless drivers
th
speeding on 50 Avenue, large trucks using the street and tearing down telephone lines, the
narrowness of the road not being wide enough for another vehicle and his trailer to pass through
th
at the same time, and the safety of the children living on 50 Avenue.
Vice Chairman Neuberger asked if increased law enforcement and more signage
would be sufficient for the residents instead of a cul-de-sac.
Mr. Wadsworth
disclosed that he has been working with Detective Bruce from
th
the Police Department who has sent police to 50 Avenue with a result of numerous tickets
being issued. The downside is that the Sheriffs Department does not have the manpower to come
to the site frequently enough to fix the problem. Mr. Wadsworth affirmed that all options have
been exhausted and a cul-de-sac would be in the best interest of the residents. He stressed the
only way to solve a neighborhood problem at this magnitude is to cul-de-sac the road.
th
Chris Crawford
, 6364 4 Place, pointed out that this is a consequence of sprawl,
new road building and subdivision development outside the USA (Urban Service Area).
th
Glenn Walker
, 4308 60th Avenue, spoke in favor of placing a cul-de-sac on 50
Avenue on the Route 60 end.
th
Vice Chairman Neuberger did not have a problem putting a cul-de-sac on 50
Avenue.
September 6, 2005 31
Public Works Director Jim Davis explained the problem with putting a cul-de-sac
th
on 50 Avenue is that a 50-foot diameter area is needed and he does not think the road can
accommodate it. He stated staff would have to communicate with four or five property owners at
the south end of the road to provide enough right-of-way to get a vehicular cul-de-sac turn
around so that a garbage truck or an emergency vehicle could turn around at the end of the road.
He disclosed that the property owners at the end of the road where the right-of-way is needed are
not willing to give up their front yard for the cul-de-sac.
Mr. Wadsworth
specified the turn around space is available. He revealed that the
only reason the property owners at the end of the road would not sign the petition is because they
would like to see the cul-de-sac moved behind their property, which would leave the amount
needed for a vehicular turn around area.
Commissioner Wheeler remarked that he sympathizes with the neighborhood but
th
he is not in favor of placing a cul-de-sac on 50 Avenue because it does not serve the public to
rdthth
cul-de-sac public streets. He added that in the future as 43 Avenue, 58 Avenue, and 26
th
Avenue are developed and improved that would alleviate some of the traffic problems on 50
Avenue.
Commissioner Davis voiced his agreement with Commissioner Wheeler and that
th
he also would not be in favor of placing a cul-de-sac on 50 Avenue but would be in favor of
bringing the road up to standard.
MOTION WAS MADE by Commissioner Davis to direct
County Administrator Joseph Baird to look into the
concerns addressing the road quality including drainage
and traffic calming, SECONDED by Vice Chairman
Neuberger for discussion.
September 6, 2005 32
Vice Chairman Neuberger stated he would not be apposed to a cul-de-sac or
possibly some barricades at the end of the road.
Commissioner Bowden felt that if the cul-de-sac would not be supported then
immediately “Children at Play” signs should be posted, and law enforcement should be stepped
th
up on 50 Avenue. She explained the road sounded more like a lane and that would be a
substandard road, not what the commission has wanted as connector roads. Commissioner
Bowden suggested a traffic count that would be monitored for thirty to sixty days.
Vice Chairman Neuberger was concerned that if the road was upgraded too much
it would invite more traffic.
th
County Administrator Joseph Baird revealed that the residents on 50 Avenue
probably do not want the road upgraded because of fear of increased traffic but they may want it
resurfaced.
Commissioner Wheeler commented that the Sheriff’s Office has a radar traffic
device that also has computer backup that is very detailed.
THE MOVER and the SECONDER agreed, and the
motion was amended to include conducting a traffic count,
th
adding signs, and fixing pot holes on 50 Avenue.
The Vice Chairman CALLED THE QUESTION and the
motion carried unanimously, by a 4-0 vote, Chairman
Lowther absent.
September 6, 2005 33
9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON SEPTEMBER 13, 2005
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11.A.1. COMMUNITY DEVELOPMENT – RESOLUTION 2005-132 -
X-STREAM SYSTEMS, INC. – LOCAL JOBS GRANT
Community Development Director Bob Keating explained this relates to a request
for a local jobs grant. He stated the County has had a jobs grant available as one of its economic
development incentives and this is the first opportunity for the County to use this incentive.
Brian Mayo
, President and CEO of X-stream Services, stated his company uses
new technology in utilizing x-rays but not in the typical fashion that is seen in airports. He
September 6, 2005 34
asserted that the average salary for an employee of X-stream Services would be around
$70,000.00.
Bob Johnson
, Coral Wind Subdivision, noted that he has toured and approves this
facility.
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously adopted
(by a 4-0 vote Chairman Lowther absent) Resolution
2005-132 recommending to Enterprise Florida that X-
Stream Systems Inc. be approved as a qualified target
industry pursuant to S.288.106, Florida Statues; and
providing an appropriation of $500,000 as part of a local
jobs grant program for local participation in the qualified
target industry tax refund program.
11.C.1 GENERAL SERVICES – FIBER OPTIC NETWORK CABLING
GENERAL SERVICES – BID AWARD # 7044 - PRECISION
CONTRACTING SERVICES, INC.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously (1)
awarded (by a 4-0 vote Chairman Lowther absent) the bid
to Precision Contracting Services, Inc. as the lowest and
most responsive bidder meeting the specifications as set
forth in the Invitation to Bid (2) Authorized the
Purchasing Division to issue blanket purchase orders or
September 6, 2005 35
individual job purchase orders, as needed, for the periods
October 1, 2005 through September 30, 2008 with the
recommended bidder (3) Authorized the Purchasing
Manager to renew this bid for three additional one year
period subject to satisfactory performance, zero cost
increase, Bidder acceptance and the determination that
renewal of this annual bid is in the best interest of Indian
River County, as recommended in the memorandum of
August 19, 2005.
11.C.2. GENERAL SERVICES - CONTRACT FOR NEW CIRCUITS
TO NEW COURTHOUSE TELEPHONE SYSTEM – BELL
SOUTH – 2 PRI CIRCUITS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously approved
(by a 4-0 vote Chairman Lowther absent) the County
Administrator or his designee signing the 24-month
contract with BellSouth for two PRI circuits for the
Courthouse, as recommended in the memorandum of
August 29, 2005.
11.C.3. GENERAL SERVICES - NEW COURTHOUSE TELEPHONE
SYSTEM - NEC UNIFIED SOLUTIONS - CONTRACT
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously
September 6, 2005 36
authorized (by a 4-0 vote Chairman Lowther absent) the
contract and approved the contract titled “NEAX2000IPS
Courthouse Project Statement of Work for Indian River
County ($335,859.58)”, as recommended in the
memorandum of August 29, 2005.
11.I.1 PUBLIC WORKS – DESIGN AND PERMITTING OF BEACH
RESTORATION ENGINEERING SERVICES SELECTION
INDIAN RIVER COUNTY BEACH PRESERVATION PLAN
(SOQ NO. 7082)
Jonathan Gorham, Coastal Resources Manager, explained the intention of the
request was to authorize work via work orders to the selected companies, as the County’s needs
dictate.
Discussion ensued and it was discovered the reason three companies will be
chosen to do the work is because of the amount of work needed to be done.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
(by a 4-0 vote Chairman Lowther absent) the selection list
and authorized contract negotiations with the first, second,
and third ranked firms., as recommended in the
memorandum of August 18, 2005.
September 6, 2005 37
11.I.2. PUBLIC WORKS – WASTE MANAGEMENT, INC. OF
FLORIDA – HURRICANE DEBRIS REMOVAL CONTRACT –
RELEASE OF RETAINAGE
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously
authorized (by a 4-0 vote Chairman Lowther absent) the
release of retainage for Waste Management Inc. of Florida
totaling $204,109.16, as recommended in the
memorandum of August 25, 2005.
RD
11.I.3. PUBLIC WORKS – OSLO/43 AVENUE IMPROVEMENTS –
CHANGE ORDER NO. 2 AND FINAL RELEASE OF
RETAINAGE – SHELTRA & SON CONSTRUCTION CO., INC.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously approved
(by a 4-0 vote Chairman Lowther absent) Change Order
No. 2 in the deduct amount of |$94,679.96|, release of
retainage in the amount of $233,657.15, and payment in
the amount of $71,409.29, for a total final payment
amount of $305,066.44, as recommended in the
memorandum of August 29, 2005.
11.I.4. PUBLIC WORKS – (1) CIVIL ENGINEERING AND LAND
SURVEYING AGREEMENT WITH ARCADIS G & M, INC.
September 6, 2005 38
TH
FOR WIDENING OF 66 AVENUE FROM SOUTH OF SR 60
TH
TO NORTH OF 45 STREET (2) ADDENDUM NO. 1 TO
KIMLEY-HORN ASSOCIATES, INC. FOR INTERSECTION
TH
IMPROVEMENTS AND BRIDGE REPLACEMENT AT 66
ST
AVENUE AND 41 STREET
Commissioner Wheeler asked whether the contracts would overlap or we will have
to go through this process every time the County would like to build a bridge.
Public Works Director Jim Davis explained the County is using two consultants at
this time and this company can be used for other bridges.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
(by a 4-0 vote Chairman Lowther absent) the agreement
with Arcadis G & M, Inc. and Addendum No. 1 with
Kimley-Horn and Associates, Inc. as written, as
recommended in the memorandum of August 29, 2005.
AGREEMENTS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.1. UTILITIES – SCHUMANN DRIVE FORCE MAIN
REPLACEMENT PROJECT FROM BAILEY DRIVE TO
CAPROL LANE (SEBASTIAN) – THE DANELLA
COMPANIES, INC. – WORK AUTHORIZATION NO. 2005-008
September 6, 2005 39
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
(by a 4-0 vote Chairman Lowther absent) the expenditure
of funds for this project in the total amount of $101,303.82
and authorized the Chairman to execute Work
Authorization No. 2005-008 in the amount of $80,252.60
to The Danella Companies, Inc., as recommended in the
memorandum of August 22, 2005.
11.J.2. UTILITIES – SCHUMANN DRIVE AND EMPRESS AVENUE
UTILITY CANAL CROSSING REPLACEMENT – THE
DANELLA COMPANIES, INC. – WORK AUTHORIZATION
NO. 2005-005
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously approved
(by a 4-0 vote Chairman Lowther absent) the expenditure
of funds for this project in the total amount of $141,740.44
and authorized the Chairman to execute Work
Authorization No. 2005-005 in the amount of $90,532.48,
to The Danella Companies, Inc., as recommended in the
memorandum of August 22, 2005.
11.J.3. UTILITIES – VILLAS AT THE VERONA TRACE
SUBDIVISION – DEVELOPER’S AGREEMENT FOR A
CONSTRUCTION OF OFF-SITE MASTER PLANNED
September 6, 2005 40
WATER MAIN AND ON-SITE PUMP STATION ADDITION –
LENNAR HOMES, INC.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
(by a 4-0 vote Chairman Lowther absent) the Developer’s
Agreement as presented and authorized the Utilities
Department to recover capacity charges and line extension
fees from the future development, as recommended in the
memorandum of August 18, 2005.
12.A. COUNTY ATTORNEY – UPDATE ON IMPACT FEE
ORDINANCE
Assistant County Attorney William DeBraal explained the proposed changes to the
pending ordinance doctrine have been a result of meetings with local builders and other members
from the community. He specified the third part of the ordinance would be changed regarding the
way contracts are reviewed and the deadline for submitting contracts would be changed.
Dan Delyle,
Vero Beach, questioned if these changes would reverse the decision
made on his contract.
Assistant Attorney DeBraal explained if a contract was denied it would be
reviewed again.
Joseph Paladin
, President of the Growth Awareness Committee (GAC), stated the
GAC is in full agreement with Mr. DeBraal.
September 6, 2005 41
There was a CONSENSUS to enacted the pending
ordinance doctrine, eliminate the requirement for contract
impairment before the newly imposed impact fees can be
waived together with moving the deadline for a receipt of
a completed impact fee waiver application to September
30, 2005, authorize staff to proceed with amending the
ordinance as outlined in staffs recommendation on page
512 of the backup.
13.D. COMMISSIONER WESLEY S. DAVIS – INFORMATION
REGARDING THE HISTORIC FISHING AREA IN
SEBASTIAN
Commissioner Davis invited the Board to a get together put on by the Mayor of
Sebastian for a fishing trip on Wednesday, September 21, 2005.
City of Sebastian Mayor Nathan McCollum spoke in support of Commissioner
Davis’ invitation.
14.A. EMERGENCY SERVICES DISTRICT - NONE
14.B. SOLID WASTE DISPOSAL DISTRICT - NONE
14.C. ENVIRONMENTAL CONTROL BOARD - NONE
September 6, 2005 42
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 1:45 p.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Arthur Neuberger, Vice Chairman
Minutes Approved: _________________
ip
September 6, 2005 43