HomeMy WebLinkAbout4/15/2003MINUTES ATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
TUESDAY, APRIL 15, 2003 - 9:00 A.M.
County Commission Chamber
County Administration Building
1840 25th Street, Vero Beach, Florida 32960
COUNTY COMMISSIONERS
Kenneth R. Macht, Chairman
Caroline D. Ginn, Vice Chairman
Fran B. Adams
Thomas S. Lowther
Arthur R. Neuberger
9:00 a.m. 1. CALL TO ORDER
District
3
District
5
District
1
District
4
District
2
p
MINUTES ATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
TUESDAY, APRIL 15, 2003 - 9:00 A.M.
County Commission Chamber
County Administration Building
1840 25th Street, Vero Beach, Florida 32960
COUNTY COMMISSIONERS
Kenneth R. Macht, Chairman
Caroline D. Ginn, Vice Chairman
Fran B. Adams
Thomas S. Lowther
Arthur R. Neuberger
9:00 a.m. 1. CALL TO ORDER
District
3
District
5
District
1
District
4
District
2
James E. Chandler, County Administrator
William G. Collins II, County Attorney
Kimberly Massung, Executive Aide to BCC
Jeffrey K. Barton, Clerk to the Board
2. INVOCATION Pastor Ray Scent
First United Methodist Church
3. PLEDGE OF ALLEGIANCE Comm. Kenneth R. Macht
4. ADDITIONS/DELETIONS TO THE AGENDA /
EMERGENCY ITEMS
BACKUP
PAGES
ADDITIONS: 7.0. Additional Memorandum Revising Request & Recommendation
7.P. Code Enforcement Board Appointment of Dana Stetser
9.13.3. Comments from Rene Renzi on behalf of Civic Association of Indian River County, Inc.
12. Committee Procedures
Withdrawal: 9.13.2. Arthur Kreiger Reuqest
5. PROCLAMATION and PRESENTATIONS
None
6. APPROVAL OF MINUTES
Regular Meeting of BCC - April 1, 2003
7. CONSENT AGENDA
A. Received and placed on file in office of Clerk to the Board:
Report of Convictions, March, 2003
1
iJd1 i L� i ti �- ..1
MINUTES ATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
TUESDAY, APRIL 15, 2003 - 9:00 A.M.
County Commission Chamber
County Administration Building
1840 25th Street, Vero Beach, Florida 32960
COUNTY COMMISSIONERS
Kenneth R. Macht, Chairman
Caroline D. Ginn, Vice Chairman
Fran B. Adams
Thomas S. Lowther
Arthur R. Neuberger
9:00 a.m. 1. CALL TO ORDER
District
3
District
5
District
1
District
4
District
2
p
MINUTES ATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
TUESDAY, APRIL 15, 2003 - 9:00 A.M.
County Commission Chamber
County Administration Building
1840 25th Street, Vero Beach, Florida 32960
COUNTY COMMISSIONERS
Kenneth R. Macht, Chairman
Caroline D. Ginn, Vice Chairman
Fran B. Adams
Thomas S. Lowther
Arthur R. Neuberger
9:00 a.m. 1. CALL TO ORDER
District
3
District
5
District
1
District
4
District
2
James E. Chandler, County Administrator
William G. Collins II, County Attorney
Kimberly Massung, Executive Aide to BCC
Jeffrey K. Barton, Clerk to the Board
2. INVOCATION Pastor Ray Scent
First United Methodist Church
3. PLEDGE OF ALLEGIANCE Comm. Kenneth R. Macht
4. ADDITIONS/DELETIONS TO THE AGENDA /
EMERGENCY ITEMS
BACKUP
PAGES
ADDITIONS: 7.0. Additional Memorandum Revising Request & Recommendation
7.P. Code Enforcement Board Appointment of Dana Stetser
9.13.3. Comments from Rene Renzi on behalf of Civic Association of Indian River County, Inc.
12. Committee Procedures
Withdrawal: 9.13.2. Arthur Kreiger Reuqest
5. PROCLAMATION and PRESENTATIONS
None
6. APPROVAL OF MINUTES
Regular Meeting of BCC - April 1, 2003
7. CONSENT AGENDA
A. Received and placed on file in office of Clerk to the Board:
Report of Convictions, March, 2003
1
iJd1 i L� i ti �- ..1
BACKUP
7. CONSENT AGENDA (cont'd.): PAGES
B. Approval of Warrants
(memorandum dated April 3, 2003) 1-9
Co Resignation of Utility Advisory Committee Member
(memorandum dated April 3, 2003) 10-11
D. JDC Florida Inc., Request for Final Plat Approval for
a Subdivision to be known as Riverwind Phase I
(memorandum dated April 8, 2003) 12-25
E. George Buettell's Request for Final Plat Approval for
a Private Road to be known as Lily Lane
(memorandum dated March 4, 2003) 26-30
F. HUD FL29C209002 Shelter Plus Care Agreement
(memorandum dated April 3, 2003) 31-47
G. Budget Amendment Request by Sheriff Roy Raymond
(letter dated April 8, 2003) 48
H. Forfeiture Trust Fund Request by Sheriff Roy Raymond
(letter dated April 8, 2003) 49
I. Brackett and Company, Inc. Request for Partial Release
of Easements on Lots 3, 4, 5, 6 and 7 of Lost Hammock
Planned Development (Overall Address: 6075 4th Street)
(memorandum dated April 7, 2003) 50-56
J. Marie and Kendall Blanchard Request for Partial
Release of Easement at 1390 19th Avenue SW (Lots 10 &
11, Oslo Park Unit 3)
(memorandum dated April 7, 2003) 57-64
K. Martin Green Request for Partial Release of Easement
at 601 23rd Place SW (Lot 12, Block 46, Vero Beach
Highlands Unit 5)
(memorandum dated April 7, 2003) 65-73
L. Additional Form: 1 -Year 800 MHz Software License
Agreement
(memorandum dated April 9, 2003) 74-75
M. Additional Form for FDOT Local Agency Program
Agreement — 26th Street Bridge Replacement
(memorandum dated April 9, 2003) 76-78
2
BACKUP
7. CONSENT AGENDA (cont'd.): PAGES
B. Approval of Warrants
(memorandum dated April 3, 2003) 1-9
Co Resignation of Utility Advisory Committee Member
(memorandum dated April 3, 2003) 10-11
D. JDC Florida Inc., Request for Final Plat Approval for
a Subdivision to be known as Riverwind Phase I
(memorandum dated April 8, 2003) 12-25
E. George Buettell's Request for Final Plat Approval for
a Private Road to be known as Lily Lane
(memorandum dated March 4, 2003) 26-30
F. HUD FL29C209002 Shelter Plus Care Agreement
(memorandum dated April 3, 2003) 31-47
G. Budget Amendment Request by Sheriff Roy Raymond
(letter dated April 8, 2003) 48
H. Forfeiture Trust Fund Request by Sheriff Roy Raymond
(letter dated April 8, 2003) 49
I. Brackett and Company, Inc. Request for Partial Release
of Easements on Lots 3, 4, 5, 6 and 7 of Lost Hammock
Planned Development (Overall Address: 6075 4th Street)
(memorandum dated April 7, 2003) 50-56
J. Marie and Kendall Blanchard Request for Partial
Release of Easement at 1390 19th Avenue SW (Lots 10 &
11, Oslo Park Unit 3)
(memorandum dated April 7, 2003) 57-64
K. Martin Green Request for Partial Release of Easement
at 601 23rd Place SW (Lot 12, Block 46, Vero Beach
Highlands Unit 5)
(memorandum dated April 7, 2003) 65-73
L. Additional Form: 1 -Year 800 MHz Software License
Agreement
(memorandum dated April 9, 2003) 74-75
M. Additional Form for FDOT Local Agency Program
Agreement — 26th Street Bridge Replacement
(memorandum dated April 9, 2003) 76-78
2
BACKUP
7. CONSENT AGENDA (cont'd.): PAGES
N, Additional Form for FDOT Local Agency Program
Agreement — Indian River Drive Bikepath
(memorandum dated April 9, 2003) 79-81
O. Refinancing of Bond Issues
(memorandum dated April 9, 2003) 82
8. CONSTITUTIONAL OFFICERS and
GOVERNMENTAL AGENCIES
None
9. PUBLIC ITEMS
A. PUBLIC HEARINGS
1, AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE ZONING ORDINANCE
AND THE ACCOMPANYING ZONING MAP FOR
10.32 ACRES LOCATED ON THE SOUTH SIDE OF
26`' STREET APPROXIMATELY 664 FEET WEST OF
58`x' AVENUE, FROM A-1, AGRICULTURAL DISTRICT
(UP TO 1 UNIT/5 ACRES) TO RM -8, MULTIPLE
FAMILY RESIDENTIAL DISTRICT (UP TO 8 UNITS /
ACRE); AND PROVIDING CODIFICATION, SEVER-
ABILITY, AND EFFECTIVE DATE (Quasi -Judicial)
Charles Palmer's request to rezone 10.32 acres from
A-1 to RM -8
(memorandum dated March 26, 2003) 83-98
2, AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE ZONING ORDINANCE
AND THE ACCOMPANYING ZONING MAP FOR
40.37 ACRES LOCATED ON THE NORTH SIDE OF
13`h STREET S.W. APPROXIMATELY 1900 FEET
EAST OF 58"' AVENUE, FROM A-1, AGRICULTURAL
DISTRICT (UP TO 1 UNIT/5 ACRES) TO RS -31
SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO
3 UNITS/ACRE); AND PROVIDING CODIFICATION,
SEVERABILITY, AND EFFECTIVE DATE
(Quasi -Judicial)
Sunland Custom Homes' Request to Rezone Approxi-
mately 40.37 Acres from A-1 to RS -3
(memorandum dated April 4, 2003) 99-113
t t;' ._
3
BACKUP
7. CONSENT AGENDA (cont'd.): PAGES
N, Additional Form for FDOT Local Agency Program
Agreement — Indian River Drive Bikepath
(memorandum dated April 9, 2003) 79-81
O. Refinancing of Bond Issues
(memorandum dated April 9, 2003) 82
8. CONSTITUTIONAL OFFICERS and
GOVERNMENTAL AGENCIES
None
9. PUBLIC ITEMS
A. PUBLIC HEARINGS
1, AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE ZONING ORDINANCE
AND THE ACCOMPANYING ZONING MAP FOR
10.32 ACRES LOCATED ON THE SOUTH SIDE OF
26`' STREET APPROXIMATELY 664 FEET WEST OF
58`x' AVENUE, FROM A-1, AGRICULTURAL DISTRICT
(UP TO 1 UNIT/5 ACRES) TO RM -8, MULTIPLE
FAMILY RESIDENTIAL DISTRICT (UP TO 8 UNITS /
ACRE); AND PROVIDING CODIFICATION, SEVER-
ABILITY, AND EFFECTIVE DATE (Quasi -Judicial)
Charles Palmer's request to rezone 10.32 acres from
A-1 to RM -8
(memorandum dated March 26, 2003) 83-98
2, AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE ZONING ORDINANCE
AND THE ACCOMPANYING ZONING MAP FOR
40.37 ACRES LOCATED ON THE NORTH SIDE OF
13`h STREET S.W. APPROXIMATELY 1900 FEET
EAST OF 58"' AVENUE, FROM A-1, AGRICULTURAL
DISTRICT (UP TO 1 UNIT/5 ACRES) TO RS -31
SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO
3 UNITS/ACRE); AND PROVIDING CODIFICATION,
SEVERABILITY, AND EFFECTIVE DATE
(Quasi -Judicial)
Sunland Custom Homes' Request to Rezone Approxi-
mately 40.37 Acres from A-1 to RS -3
(memorandum dated April 4, 2003) 99-113
t t;' ._
3
9. PUBLIC ITEMS (cont'd.):
A. PUBLIC HEARINGS (cont'd.):
3. AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE ZONING ORDINANCE
AND THE ACCOMPANYING ZONING MAP FOR 1.1
ACRES LOCATED AT THE SOUTHWEST CORNER
OF 144`h STREET AND US -1 FROM CL, LIMITED
COMMERCIAL DISTRICT, TO CG, GENERAL
COMMERCIAL DISTRICT; AND PROVIDING
CODIFICATION, SEVERABILITY, AND EFFECTIVE
DATE (Quasi -Judicial)
Woody Wood Inc. request to rezone 1.1 acres from
CL to CG
(memorandum dated April 8, 2003)
4. AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE ZONING ORDINANCE
AND THE ACCOMPANYING ZONING MAP FROM
A-1 TO PD FOR APPROX. 29.44 ACRES AND MODI-
FYING THE OVERALL CONCEPTUAL PLAN FOR
THE SUBJECT SITE LOCATED ON THE NORTH
SIDE OF OSLO ROAD APPROX. 330 FEET EAST
OF 58" AVENUE AND DESCRIBED HEREIN AND
PROVIDING FOR EFFECTIVE DATE (Legislative)
Suntree Partners Inc.'s Request to Rezone 29.44
Acres of Property from A-1 to PD and Modify the
Citrus Springs Conceptual PD Plan
(memorandum dated March 17, 2003)
5, AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA CONCERNING THE COUNTY'S SOLID
WASTE MANAGEMENT PROGRAM — AMENDING
AND RESTATING PART I OF CHAPTER 204 OF
THE COUNTY CODE; AND AMENDING THE
DEFINITIONS OF GARDEN TRASH, INDUSTRIAL
WASTE, AND SPECIAL WASTES IN SECTION
204.24 OF THE COUNTY CODE AND AMENDING
SECTION 204.31(a) OF THE COUNTY, ALL IN
PART II OF THE COUNTY CODE
(memorandum dated April 8, 2003)
Be PUBLIC DISCUSSION ITEMS
1. Request from Brian Heady to address issues as
relates to the tax burden and expenditures of Indian
River County
(letter dated April 7, 2003)
rd
BACKUP
PAGES
114-132
133-150
151-178
179
9. PUBLIC ITEMS (cont'd.):
A. PUBLIC HEARINGS (cont'd.):
3. AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE ZONING ORDINANCE
AND THE ACCOMPANYING ZONING MAP FOR 1.1
ACRES LOCATED AT THE SOUTHWEST CORNER
OF 144`h STREET AND US -1 FROM CL, LIMITED
COMMERCIAL DISTRICT, TO CG, GENERAL
COMMERCIAL DISTRICT; AND PROVIDING
CODIFICATION, SEVERABILITY, AND EFFECTIVE
DATE (Quasi -Judicial)
Woody Wood Inc. request to rezone 1.1 acres from
CL to CG
(memorandum dated April 8, 2003)
4. AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE ZONING ORDINANCE
AND THE ACCOMPANYING ZONING MAP FROM
A-1 TO PD FOR APPROX. 29.44 ACRES AND MODI-
FYING THE OVERALL CONCEPTUAL PLAN FOR
THE SUBJECT SITE LOCATED ON THE NORTH
SIDE OF OSLO ROAD APPROX. 330 FEET EAST
OF 58" AVENUE AND DESCRIBED HEREIN AND
PROVIDING FOR EFFECTIVE DATE (Legislative)
Suntree Partners Inc.'s Request to Rezone 29.44
Acres of Property from A-1 to PD and Modify the
Citrus Springs Conceptual PD Plan
(memorandum dated March 17, 2003)
5, AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA CONCERNING THE COUNTY'S SOLID
WASTE MANAGEMENT PROGRAM — AMENDING
AND RESTATING PART I OF CHAPTER 204 OF
THE COUNTY CODE; AND AMENDING THE
DEFINITIONS OF GARDEN TRASH, INDUSTRIAL
WASTE, AND SPECIAL WASTES IN SECTION
204.24 OF THE COUNTY CODE AND AMENDING
SECTION 204.31(a) OF THE COUNTY, ALL IN
PART II OF THE COUNTY CODE
(memorandum dated April 8, 2003)
Be PUBLIC DISCUSSION ITEMS
1. Request from Brian Heady to address issues as
relates to the tax burden and expenditures of Indian
River County
(letter dated April 7, 2003)
rd
BACKUP
PAGES
114-132
133-150
151-178
179
BACKUP
9. PUBLIC ITEMS (cont'd.): PAGES
Be PUBLIC DISCUSSION ITEMS (cont'd.).
2. Request from Arthur J. Krieger to discuss a line
extension fee on vacant land in Sebastian area
(letter dated April 9, 2003) 180
Co PUBLIC NOTICE ITEMS
1. Scheduled for Public Hearing on April 22, 2003:
Demolition Ordinance Providing for Health Depart-
ment Inspection
(memorandum dated April 8, 2003) 181-191
2. Scheduled for Public Hearing on April 22, 2003:
Real Estate Development & Investment's request
to rezone approximately 141.57 acres from A-1
and RS -3 to PD and to approve the conceptual PD
plan for the 26th Street Residential Project. The
subject site is located on the north side of 26th
Street, east of the 26th Street/66th Avenue inter-
section (Legislative)
3. Scheduled for Public Hearing on May 6, 2003:
County initiated request to update the Capital
Improvements and Transportation Elements of
the Comprehensive Plan (Legislative)
(memorandum dated April 8, 2003) 192
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. Communitv Development
None
Be EmerLyencv Services
None
Co General Services
None
D. Leisure Services
None
E. Office of Management and Budeet
None
5
BACKUP
9. PUBLIC ITEMS (cont'd.): PAGES
Be PUBLIC DISCUSSION ITEMS (cont'd.).
2. Request from Arthur J. Krieger to discuss a line
extension fee on vacant land in Sebastian area
(letter dated April 9, 2003) 180
Co PUBLIC NOTICE ITEMS
1. Scheduled for Public Hearing on April 22, 2003:
Demolition Ordinance Providing for Health Depart-
ment Inspection
(memorandum dated April 8, 2003) 181-191
2. Scheduled for Public Hearing on April 22, 2003:
Real Estate Development & Investment's request
to rezone approximately 141.57 acres from A-1
and RS -3 to PD and to approve the conceptual PD
plan for the 26th Street Residential Project. The
subject site is located on the north side of 26th
Street, east of the 26th Street/66th Avenue inter-
section (Legislative)
3. Scheduled for Public Hearing on May 6, 2003:
County initiated request to update the Capital
Improvements and Transportation Elements of
the Comprehensive Plan (Legislative)
(memorandum dated April 8, 2003) 192
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. Communitv Development
None
Be EmerLyencv Services
None
Co General Services
None
D. Leisure Services
None
E. Office of Management and Budeet
None
5
11.
12.
13.
BACKUP
DEPARTMENTAL MATTERS (contd.) PAGES
F. Human Resources
None
G. Public Works
1, Joint Participation Agreement (JPA) with the Florida
Department of Transportation (FDOT) for:
Street Lighting Maintenance and Compensation
(memorandum dated April 3, 2003) 193-209
2. Traffic signalization plans Treparation for the
following intersections: 5 St. SW and 27th Avenue;
lst St. SW and 27th Ave., 5th St. SW and 43r' Ave.;
15'St, SW and 43rd Ave.; S.R.60 and 58th Ave.;
53rd St. and Indian River Boulevard; Bahia Mar
Road and S.R. AIA
(memorandum dated April 3, 2003) 210-212
3. Request to Designate 77th Way (Avenue 5) Right.
of -Way lying South of Roseland Road as a "Limited
Use Right -of -Way:
(memorandum dated March 25, 2003) 213-221
H, Utilities
None
I. Human Services
None
COUNTY ATTORNEY
None
COMMISSIONERS ITEMS
A. Commissioner Kenneth R. Macht, Chairman
Be Commissioner Caroline D. Ginn, Vice Chairman
C. Commissioner Fran Be Adams
r
11.
12.
13.
BACKUP
DEPARTMENTAL MATTERS (contd.) PAGES
F. Human Resources
None
G. Public Works
1, Joint Participation Agreement (JPA) with the Florida
Department of Transportation (FDOT) for:
Street Lighting Maintenance and Compensation
(memorandum dated April 3, 2003) 193-209
2. Traffic signalization plans Treparation for the
following intersections: 5 St. SW and 27th Avenue;
lst St. SW and 27th Ave., 5th St. SW and 43r' Ave.;
15'St, SW and 43rd Ave.; S.R.60 and 58th Ave.;
53rd St. and Indian River Boulevard; Bahia Mar
Road and S.R. AIA
(memorandum dated April 3, 2003) 210-212
3. Request to Designate 77th Way (Avenue 5) Right.
of -Way lying South of Roseland Road as a "Limited
Use Right -of -Way:
(memorandum dated March 25, 2003) 213-221
H, Utilities
None
I. Human Services
None
COUNTY ATTORNEY
None
COMMISSIONERS ITEMS
A. Commissioner Kenneth R. Macht, Chairman
Be Commissioner Caroline D. Ginn, Vice Chairman
C. Commissioner Fran Be Adams
r
13
14.
15.
COMMISSIONERS ITEMS (cont'd.).
D. Commissioner Thomas S. Lowther
E. Commissioner Arthur R. Neuberger
SPECIAL DISTRICTS/BOARDS
A. Emergencv Services District
None
Be Solid Waste Disposal District
None
C. Environmental Control Board
None
ADJOURNMENT
BACKUP
PAGES
Anyone who may wish to appeal any decision which may be made at this meeting will need to
ensure that a verbatim record of the proceedings is made which includes the testimony and evidence
upon which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the County's
Americans with Disabilities Act (ADA) Coordinator at 567-8000 x1223 at least 48 hours in advance of
meeting.
Indian River County Website: htti)://www.ircizov.com
Full agenda back-up material is available for review in the Board of County Commission Office,
Indian River County Main Library, IRC Courthouse Law Library, and North County Library
Meeting may be broadcast live on Comcast Cable Channel 13 — rebroadcast continuously Thursday
1:00 p.m. until Friday morning and Saturday 12: 00 noon until 5:00 p.m.
Meeting broadcast same as above on Comcast Broadband, Channel 27 in Sebastian.
7
13
14.
15.
COMMISSIONERS ITEMS (cont'd.).
D. Commissioner Thomas S. Lowther
E. Commissioner Arthur R. Neuberger
SPECIAL DISTRICTS/BOARDS
A. Emergencv Services District
None
Be Solid Waste Disposal District
None
C. Environmental Control Board
None
ADJOURNMENT
BACKUP
PAGES
Anyone who may wish to appeal any decision which may be made at this meeting will need to
ensure that a verbatim record of the proceedings is made which includes the testimony and evidence
upon which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the County's
Americans with Disabilities Act (ADA) Coordinator at 567-8000 x1223 at least 48 hours in advance of
meeting.
Indian River County Website: htti)://www.ircizov.com
Full agenda back-up material is available for review in the Board of County Commission Office,
Indian River County Main Library, IRC Courthouse Law Library, and North County Library
Meeting may be broadcast live on Comcast Cable Channel 13 — rebroadcast continuously Thursday
1:00 p.m. until Friday morning and Saturday 12: 00 noon until 5:00 p.m.
Meeting broadcast same as above on Comcast Broadband, Channel 27 in Sebastian.
7
INDEX TO MINUTES
BOARD OF COUNTY COMMISSIONERS
MEETING OF APRIL 15, 2003
1. CALL TO ORDER ... ......... 1.111... 1 0 1.. 1 ....................... 1
2. INVOCATION....................................................1
3. PLEDGE OF ALLEGIANCE ........................................ 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ..... 1
5. PROCLAMATIONS AND PRESENTATIONS . . .............. I ... I .... 12
6, APPROVAL OF MINUTES - APRIL 1 , 2003 ........................... 2
7, CONSENT AGENDA .............................................. 2
7.A. Reports.....................................................3
7.13. Approval of Warrants ......................................... 3
7.C. Resignation of Utility Advisory Committee Member Frank Oberbeck ... 3
7.D. JDC Florida Inc. - Request for Final Plat Approval for a Subdivision to be
Known As Riverwind Phase I .................................. 3
7.E. George Beuttell's Request for Final Plat approval for a Private Road to be
Known as Lily Lane (East Side of 66`h Avenue, Approximately 600' South
of 13`h Street SW ............................................. 4
7.F. Treasure Coast Homeless Services Council, Shelter Plus Care Committee -
Shelter Plus Care Agreement - HUD FL29C209002 (Budget Manager
Jason E. Brown - Fiscal Agent) ........................... 1 1 1 . 1 .. 4
11
INDEX TO MINUTES
BOARD OF COUNTY COMMISSIONERS
MEETING OF APRIL 15, 2003
1. CALL TO ORDER ... ......... 1.111... 1 0 1.. 1 ....................... 1
2. INVOCATION....................................................1
3. PLEDGE OF ALLEGIANCE ........................................ 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ..... 1
5. PROCLAMATIONS AND PRESENTATIONS . . .............. I ... I .... 12
6, APPROVAL OF MINUTES - APRIL 1 , 2003 ........................... 2
7, CONSENT AGENDA .............................................. 2
7.A. Reports.....................................................3
7.13. Approval of Warrants ......................................... 3
7.C. Resignation of Utility Advisory Committee Member Frank Oberbeck ... 3
7.D. JDC Florida Inc. - Request for Final Plat Approval for a Subdivision to be
Known As Riverwind Phase I .................................. 3
7.E. George Beuttell's Request for Final Plat approval for a Private Road to be
Known as Lily Lane (East Side of 66`h Avenue, Approximately 600' South
of 13`h Street SW ............................................. 4
7.F. Treasure Coast Homeless Services Council, Shelter Plus Care Committee -
Shelter Plus Care Agreement - HUD FL29C209002 (Budget Manager
Jason E. Brown - Fiscal Agent) ........................... 1 1 1 . 1 .. 4
11
7.G. Sheriff Roy Raymond - Budget Amendment (Federal Prisoner Revenue,
Jail Expansion Staffing, IRMH Inmate Medical Bills, Outdated Radio
Sales)......................................................5
7.H. Sheriff Roy Raymond - Law Enforcement Trust Fund - Purchase of
Chemical Protection Suits Homeland Security Program) 5
7.I. Resolution No. 2002-045 - Brackett and Company, Inc. - Partial Release of
Easements on Lots 3, 4, 5, 6, & 7 of Lost Hammock Planned Development
(6075 4th Street) ..............................................5
71 Resolution No. 2003-046 - Marie and Kendall Blanchard - Request for
Partial Release of Easement at 1390 19t" Avenue SW (Lots 10 & 11, Block
D, Oslo Park Unit 3) .......................................... 6
7.K. Resolution No. 2003-047 - Martin Green - Partial Release of Easement at
60123rd Place SW (Lot 12, Block 46, Vero Beach Highlands Unit 5).... 6
14 7.L. Amendment to EDACS FX Agreement (800 MHz Software License
Agreement 1 -Year Extension) -Tyco Electronics dba M/A-Com formerly
Ericsson - Communications International, Inc. ........ 7
7.M. Florida Department of Transportation Local Agency Program Agreement -
Federal -Aid Project Funding Request - 26t'' Street Bridge Over Range Line
Canal (74t" Avenue) ........................................... 7
7N. Indian River Drive Bikepath - South Sebastian City Limits to US# 1 -
Florida Department of Transportation Local Agency Program Agreement
Federal Aid Project Funding Request.. ''I'll I I I ... 1 .... 8
7.0. Authorization to Refinance Bond Issues - $15,000,000 General Obligation
Bonds, Series 1995, $47,190,000 Water and Sewer Revenue Bonds, Series
1993, and $38,900,000 Water & Sewer Revenue Bonds, Series 1996 .... 8
7.P. Code Enforcement Board - Dana G. Stetser Appointed Architect
Representative ............................................... 9
2
7.G. Sheriff Roy Raymond - Budget Amendment (Federal Prisoner Revenue,
Jail Expansion Staffing, IRMH Inmate Medical Bills, Outdated Radio
Sales)......................................................5
7.H. Sheriff Roy Raymond - Law Enforcement Trust Fund - Purchase of
Chemical Protection Suits Homeland Security Program) 5
7.I. Resolution No. 2002-045 - Brackett and Company, Inc. - Partial Release of
Easements on Lots 3, 4, 5, 6, & 7 of Lost Hammock Planned Development
(6075 4th Street) ..............................................5
71 Resolution No. 2003-046 - Marie and Kendall Blanchard - Request for
Partial Release of Easement at 1390 19t" Avenue SW (Lots 10 & 11, Block
D, Oslo Park Unit 3) .......................................... 6
7.K. Resolution No. 2003-047 - Martin Green - Partial Release of Easement at
60123rd Place SW (Lot 12, Block 46, Vero Beach Highlands Unit 5).... 6
14 7.L. Amendment to EDACS FX Agreement (800 MHz Software License
Agreement 1 -Year Extension) -Tyco Electronics dba M/A-Com formerly
Ericsson - Communications International, Inc. ........ 7
7.M. Florida Department of Transportation Local Agency Program Agreement -
Federal -Aid Project Funding Request - 26t'' Street Bridge Over Range Line
Canal (74t" Avenue) ........................................... 7
7N. Indian River Drive Bikepath - South Sebastian City Limits to US# 1 -
Florida Department of Transportation Local Agency Program Agreement
Federal Aid Project Funding Request.. ''I'll I I I ... 1 .... 8
7.0. Authorization to Refinance Bond Issues - $15,000,000 General Obligation
Bonds, Series 1995, $47,190,000 Water and Sewer Revenue Bonds, Series
1993, and $38,900,000 Water & Sewer Revenue Bonds, Series 1996 .... 8
7.P. Code Enforcement Board - Dana G. Stetser Appointed Architect
Representative ............................................... 9
2
9.A.1. PUBLIC HEARING - ORDINANCE NO. 2003-011 - CHARLES PALMER'S
REQUEST TO REZONE 10.32 ACRES FROM A -I TO RM -8 (Quasi -Judicial) 9
9.A.2. PUBLIC HEARING - ORDINANCE NO, 2003-012 - SUNLAND CUSTOM
HOMES' REQUEST TO REZONE APPROXIMATELY 40.37 ACRES FROM
A-1 TO RS -3 (Quasi -Judicial) ........................................ 11
9.A.3, PUBLIC HEARING - WOODY WOOD, INC. - APPEAL OF PLANNING &
ZONING COMMISSION DECISION DENYING REQUEST TO REZONE 1.1
ACRES FROM CL TO CG (Quasi -Judicial) ............................ 12
9.A.4, PUBLIC HEARING - ORDINANCE NO. 2003-013 - SUNTREE PARTNERS,
INC. - REQUEST TO REZONE 29.44 ACRES OF PROPERTY FROM A-1 TO
PD AND MODIFY THE CITRUS SPRINGS CONCEPTUAL PD PLAN -
VILLAGE G. (Legislative) 16
9.A.5. PUBLIC HEARING - ORDINANCE NO. 2003-014 - AMENDING THE SOLID
WASTE MANAGEMENT PROGRAM ORDINANCE (CHAPTER 204 OF THE
CODE) 17
9.B.1. PUBLIC DISCUSSION ITEM - BRIAN HEADY - TAX BURDEN AND
`-' EXPENDITURES OF INDIAN RIVER COUNTY 21
9.13.2. PUBLIC DISCUSSION ITEM - REQUEST FROM ARTHUR J. KRIEGER TO
DISCUSS A LINE EXTENSION FEE ON VACANT LAND IN SEBASTIAN
AREA 21
9.B.3, PUBLIC DISCUSSION ITEM - COMMENTS OF RENE RENZI ON BEHALF
OF THE CIVIC ASSOCIATION OF INDIAN RIVER COUNTY , INC...... 21
9.C. PUBLIC NOTICE ITEM - PUBLIC HEARINGS SCHEDULED FOR APRIL 22,
2003 ...22
1. DEMOLITION ORDINANCE PROVIDING FOR HEALTH
DEPARTMENT INSPECTION 22
2. REAL ESTATE DEVELOPMENT & INVESTMENT'S REQUEST TO
REZONE APPROXIMATELY 141.7 ACRES FROM A-1 AND RS -3 TO
i' PD AND TO APPROVE THE CONCEPTUAL PD PLAN FOR THE 26TH
STREET RESIDENTIAL PROJECT. SUBJECT SITE LOCATED ON
THE NORTH SIDE OF 26TH STREET, EAST OF 26TH STREET/66TH
AVENUE INTERSECTION (Legislative) 22
3
r 00
tJ `\
9.A.1. PUBLIC HEARING - ORDINANCE NO. 2003-011 - CHARLES PALMER'S
REQUEST TO REZONE 10.32 ACRES FROM A -I TO RM -8 (Quasi -Judicial) 9
9.A.2. PUBLIC HEARING - ORDINANCE NO, 2003-012 - SUNLAND CUSTOM
HOMES' REQUEST TO REZONE APPROXIMATELY 40.37 ACRES FROM
A-1 TO RS -3 (Quasi -Judicial) ........................................ 11
9.A.3, PUBLIC HEARING - WOODY WOOD, INC. - APPEAL OF PLANNING &
ZONING COMMISSION DECISION DENYING REQUEST TO REZONE 1.1
ACRES FROM CL TO CG (Quasi -Judicial) ............................ 12
9.A.4, PUBLIC HEARING - ORDINANCE NO. 2003-013 - SUNTREE PARTNERS,
INC. - REQUEST TO REZONE 29.44 ACRES OF PROPERTY FROM A-1 TO
PD AND MODIFY THE CITRUS SPRINGS CONCEPTUAL PD PLAN -
VILLAGE G. (Legislative) 16
9.A.5. PUBLIC HEARING - ORDINANCE NO. 2003-014 - AMENDING THE SOLID
WASTE MANAGEMENT PROGRAM ORDINANCE (CHAPTER 204 OF THE
CODE) 17
9.B.1. PUBLIC DISCUSSION ITEM - BRIAN HEADY - TAX BURDEN AND
`-' EXPENDITURES OF INDIAN RIVER COUNTY 21
9.13.2. PUBLIC DISCUSSION ITEM - REQUEST FROM ARTHUR J. KRIEGER TO
DISCUSS A LINE EXTENSION FEE ON VACANT LAND IN SEBASTIAN
AREA 21
9.B.3, PUBLIC DISCUSSION ITEM - COMMENTS OF RENE RENZI ON BEHALF
OF THE CIVIC ASSOCIATION OF INDIAN RIVER COUNTY , INC...... 21
9.C. PUBLIC NOTICE ITEM - PUBLIC HEARINGS SCHEDULED FOR APRIL 22,
2003 ...22
1. DEMOLITION ORDINANCE PROVIDING FOR HEALTH
DEPARTMENT INSPECTION 22
2. REAL ESTATE DEVELOPMENT & INVESTMENT'S REQUEST TO
REZONE APPROXIMATELY 141.7 ACRES FROM A-1 AND RS -3 TO
i' PD AND TO APPROVE THE CONCEPTUAL PD PLAN FOR THE 26TH
STREET RESIDENTIAL PROJECT. SUBJECT SITE LOCATED ON
THE NORTH SIDE OF 26TH STREET, EAST OF 26TH STREET/66TH
AVENUE INTERSECTION (Legislative) 22
3
r 00
tJ `\
3. SCHEDULED FOR PUBLIC HEARING ON MAY 6,2003: COUNTY -
INITIATED REQUEST TO UPDATE THE CAPITAL
IMPROVEMENTS AND TRANSPORTATION ELEMENTS OF THE
COMPREHENSIVE PLAN (Legislative) ........... 1 .......... 23
I LG. 1, RESOLUTION NO. 2003-048 - JOINT PARTICIPATION AGREEMENT
(JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) FOR STREET LIGHTING MAINTENANCE AND
COMPENSATION - ROADWAY LIGHTING INVENTORY 23
11.G.2. TRAFFIC SIGNALIZATION PLANS PREPARATION FOR THE
FOLLOWING INTERSECTIONS: 5TH ST. SW AND 27TH AVENUE; IST
ST. SW AND 27TH AVENUE; 5TH ST, SW AND 43"DAVENUE; IST ST,
SW AND 43P�D AVENUE; SR 60 AND 58TH AVENUE; 53"DST. AND
INDIAN RIVER BOULEVARD; BAHIA MAR ROAD AND SR AIA -
FDSI (FLORIDA DATABASE SYSTEMS, INC.) AND KIMLEY-HORN
& ASSOCIATES, INC. 23
11.G.3, RESOLUTION NO. 2003-049 - DESIGNATING 77TH WAY (AVENUE
5) RIGHT-OF-WAY LYING SOUTH OF ROSELAND ROAD AS A
"LIMITED USE RIGHT-OF-WAY" .............. 1 .......... 1.. 24
12.A
14.A,
14.13
14.0
COUNTY ATTORNEY - COMMITTEE PROCEDURES 25
EMERGENCY SERVICES DISTRICT ... I.. I .................. 26
SOLID WASTE DISTRICT ........................... 1. 1. 1. 1 26
ENVIRONMENTAL CONTROL BOARD
0
......................27
3. SCHEDULED FOR PUBLIC HEARING ON MAY 6,2003: COUNTY -
INITIATED REQUEST TO UPDATE THE CAPITAL
IMPROVEMENTS AND TRANSPORTATION ELEMENTS OF THE
COMPREHENSIVE PLAN (Legislative) ........... 1 .......... 23
I LG. 1, RESOLUTION NO. 2003-048 - JOINT PARTICIPATION AGREEMENT
(JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) FOR STREET LIGHTING MAINTENANCE AND
COMPENSATION - ROADWAY LIGHTING INVENTORY 23
11.G.2. TRAFFIC SIGNALIZATION PLANS PREPARATION FOR THE
FOLLOWING INTERSECTIONS: 5TH ST. SW AND 27TH AVENUE; IST
ST. SW AND 27TH AVENUE; 5TH ST, SW AND 43"DAVENUE; IST ST,
SW AND 43P�D AVENUE; SR 60 AND 58TH AVENUE; 53"DST. AND
INDIAN RIVER BOULEVARD; BAHIA MAR ROAD AND SR AIA -
FDSI (FLORIDA DATABASE SYSTEMS, INC.) AND KIMLEY-HORN
& ASSOCIATES, INC. 23
11.G.3, RESOLUTION NO. 2003-049 - DESIGNATING 77TH WAY (AVENUE
5) RIGHT-OF-WAY LYING SOUTH OF ROSELAND ROAD AS A
"LIMITED USE RIGHT-OF-WAY" .............. 1 .......... 1.. 24
12.A
14.A,
14.13
14.0
COUNTY ATTORNEY - COMMITTEE PROCEDURES 25
EMERGENCY SERVICES DISTRICT ... I.. I .................. 26
SOLID WASTE DISTRICT ........................... 1. 1. 1. 1 26
ENVIRONMENTAL CONTROL BOARD
0
......................27
April 15, 2003
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1840 25" Street, Vero Beach, Florida, on
Tuesday, April 15, 2003. Present were Kenneth R. Macht, Chairman; Caroline D. Ginn,
Vice Chairman; Commissioners Fran B. Adams; Thomas S. Lowther; and Arthur R.
Neuberger. Also present were James E. Chandler, County Administrator; William G.
Collins II, County Attorney; and Patricia Ridgely, Deputy Clerk,
1. CALL TO ORDER
The Chairman called the meeting to order at 9:00 a.m.
I INVOCATION
Pastor Ray Scent, First United Methodist Church, delivered the invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Macht led the Pledge to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
April 15, 2003
1
April 15, 2003
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1840 25" Street, Vero Beach, Florida, on
Tuesday, April 15, 2003. Present were Kenneth R. Macht, Chairman; Caroline D. Ginn,
Vice Chairman; Commissioners Fran B. Adams; Thomas S. Lowther; and Arthur R.
Neuberger. Also present were James E. Chandler, County Administrator; William G.
Collins II, County Attorney; and Patricia Ridgely, Deputy Clerk,
1. CALL TO ORDER
The Chairman called the meeting to order at 9:00 a.m.
I INVOCATION
Pastor Ray Scent, First United Methodist Church, delivered the invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Macht led the Pledge to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
April 15, 2003
1
Chairman Macht announced the following: add Item 7.P. Code Enforcement Board -
Appointment of Dana Stetser; add Item 12.A. - County Attorney - Committee Procedures;
additional information on Item TO. - Refinancing of Bond Issues; deletion of Item 9.13.2. -
Request from Arthur J. Krieger to Discuss a Line Extension Fee on Vacant Land in
Sebastian Area; and new Item 9.13.3. - Rene Renzi Representing the Civic Association of
Indian River County, inc.
ON MOTION by Commissioner Adams, SECONDED BY Vice
Chairman Ginn, the Board unanimously made the above
changes to the agenda.
5. PROCLAMATIONS AND PRESENTATIONS
None,
6. APPROVAL OF MINUTES - APRIL 1 , 2003
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of April 1, 2003. There were none.
ON MOTION by Commissioner Neuberger, SECONDED BY
Vice Chairman Ginn, the Board unanimously approved the
minutes of April 1, 2003, as written and distributed.
7. CONSENT AGENDA
Vice Chairman Ginn requested that Item 7.C. be separated from the Consent Agenda
for a brief comment.
April 15, 2003
I
p ' i
Chairman Macht announced the following: add Item 7.P. Code Enforcement Board -
Appointment of Dana Stetser; add Item 12.A. - County Attorney - Committee Procedures;
additional information on Item TO. - Refinancing of Bond Issues; deletion of Item 9.13.2. -
Request from Arthur J. Krieger to Discuss a Line Extension Fee on Vacant Land in
Sebastian Area; and new Item 9.13.3. - Rene Renzi Representing the Civic Association of
Indian River County, inc.
ON MOTION by Commissioner Adams, SECONDED BY Vice
Chairman Ginn, the Board unanimously made the above
changes to the agenda.
5. PROCLAMATIONS AND PRESENTATIONS
None,
6. APPROVAL OF MINUTES - APRIL 1 , 2003
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of April 1, 2003. There were none.
ON MOTION by Commissioner Neuberger, SECONDED BY
Vice Chairman Ginn, the Board unanimously approved the
minutes of April 1, 2003, as written and distributed.
7. CONSENT AGENDA
Vice Chairman Ginn requested that Item 7.C. be separated from the Consent Agenda
for a brief comment.
April 15, 2003
I
p ' i
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7.A. Reports
Report of Convictions for March 2003 has been received and placed on file in the
office of the Clerk to the Board.
7.B. Approval of Warrants
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously approved the
list of warrants issued by the Clerk for the period March 28 -
April 3, 2003, as requested.
7. C. Resignation of Utility Advisory Committee Member Frank
Oberbeck
The Board noted the resignation of Frank Oberbeck.
Vice Chairman Ginn pointed out that Commissioner Adams will need to appoint
someone to fill the seat on the committee vacated by Mr. Oberbeck.
Z.D. JDC Florida Inc. - Reouest for Final Plat Approval for a
Subdivision to be Known as Riverwind Phase I
ON MOTION by Commissioner Neuberger, SECONDED BY
April 15, 2003
3
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7.A. Reports
Report of Convictions for March 2003 has been received and placed on file in the
office of the Clerk to the Board.
7.B. Approval of Warrants
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously approved the
list of warrants issued by the Clerk for the period March 28 -
April 3, 2003, as requested.
7. C. Resignation of Utility Advisory Committee Member Frank
Oberbeck
The Board noted the resignation of Frank Oberbeck.
Vice Chairman Ginn pointed out that Commissioner Adams will need to appoint
someone to fill the seat on the committee vacated by Mr. Oberbeck.
Z.D. JDC Florida Inc. - Reouest for Final Plat Approval for a
Subdivision to be Known as Riverwind Phase I
ON MOTION by Commissioner Neuberger, SECONDED BY
April 15, 2003
3
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Commissioner Lowther, the Board unanimously granted final
plat approval for Riverwind Phase I, authorized the Chairman
to execute the Contract for Construction and any security
documents, and accepted the security, as recommended in the
memorandum.
CONTRACT FOR CONSTRUCTION WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
7.E. George Beuttell's Request for Final Plat Approval �for a Private
Road to be Known as Lily Lane (East Side of 66th Avenue.
Approximately 600' South of 13th Street SWC
P
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously granted final
plat approval for the private road right-of-way to be known as
Lily Lane, as recommended in the memorandum.
Z.F. Treasure Coast Homeless Services Council. Shelter Plus Care
Committee - Shelter Plus Care Agreement - HUD FL29C209002
(Budget Manager Jason E. Brown - Fiscal A ent)
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously approved HUD
4
April 15, 2003
k
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7ya
+'fs+.; �.
Commissioner Lowther, the Board unanimously granted final
plat approval for Riverwind Phase I, authorized the Chairman
to execute the Contract for Construction and any security
documents, and accepted the security, as recommended in the
memorandum.
CONTRACT FOR CONSTRUCTION WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
7.E. George Beuttell's Request for Final Plat Approval �for a Private
Road to be Known as Lily Lane (East Side of 66th Avenue.
Approximately 600' South of 13th Street SWC
P
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously granted final
plat approval for the private road right-of-way to be known as
Lily Lane, as recommended in the memorandum.
Z.F. Treasure Coast Homeless Services Council. Shelter Plus Care
Committee - Shelter Plus Care Agreement - HUD FL29C209002
(Budget Manager Jason E. Brown - Fiscal A ent)
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously approved HUD
4
April 15, 2003
k
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FL29C209002 Agreement, as requested in the memorandum.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7. G. Sheriff Roy Raymond - Budget Amendment (Federal Prisoner
Revenue, Jail Expansion Staffing, IRMH Inmate Medical Bills,
Outdated Radio Sales).
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously approved the
budget amendments as set out in letter of April 8, 2003, as
requested.
7.H. Sheriff Rov Ravmond - Law Enforcement Trust Funds -
Purchase of Chemical Protection Suits (Homeland Security Program)
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously approved use
of $18,378.46 from Law Enforcement Trust Fund for purchase
of 30 chemical protection suits, as requested.
U Resolution No. 2003445 - Brackett and Company. Inc. - Partial
Release of Easements on Lots 3. 4, 5. 6. & 7 of Lost Hammock
April 15, 2003
5
777777777 W
5 sz,�rt �l`'x° "fiM �L _x rt S airt
`*'* "5'r f 1 _„ z
_; �n m S r..?._ ra. .,S ryry Y w y
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FL29C209002 Agreement, as requested in the memorandum.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7. G. Sheriff Roy Raymond - Budget Amendment (Federal Prisoner
Revenue, Jail Expansion Staffing, IRMH Inmate Medical Bills,
Outdated Radio Sales).
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously approved the
budget amendments as set out in letter of April 8, 2003, as
requested.
7.H. Sheriff Rov Ravmond - Law Enforcement Trust Funds -
Purchase of Chemical Protection Suits (Homeland Security Program)
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously approved use
of $18,378.46 from Law Enforcement Trust Fund for purchase
of 30 chemical protection suits, as requested.
U Resolution No. 2003445 - Brackett and Company. Inc. - Partial
Release of Easements on Lots 3. 4, 5. 6. & 7 of Lost Hammock
April 15, 2003
5
77,
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ILA
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-
It
Planned Development (60 75 4th Street)
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously adopted
Resolution No. 2003-045 releasing portions of easements on
Lots 3, 4, 5, 6, and 7 of Lost Hammock Planned Development.
7.J. Resolution No. 2003-046 - Marie and Kendall Blanchard
Request W,for Partial Release ofEasement at 1390 19th Avenue SW
(Lots 10 & 11, Block D, Oslo Park Unit 3)
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously adopted
Resolution No. 2003-046 releasing aportion of an easement on
Lots 10 and 11, Block D, Oslo Park Subdivision Unit 3,
7.K. Resolution No. 2003-047 - Martin Green - Partial Release of
Easement at 601 23rd Place SW (Lot 12, Block 46. Vero Beach
Highlands Unit 5)
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously adopted
Resolution No. 2003-047 releasing a portion of an easement on
Lot 12, Block 46, Vero Beach Highlands Subdivision Unit 5.
April 15, 2003
6
77,
I.1 7777777 7 717, �77
ILA
_ _ L, I- - t r _
_ J l A _ - F
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-
It
Planned Development (60 75 4th Street)
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously adopted
Resolution No. 2003-045 releasing portions of easements on
Lots 3, 4, 5, 6, and 7 of Lost Hammock Planned Development.
7.J. Resolution No. 2003-046 - Marie and Kendall Blanchard
Request W,for Partial Release ofEasement at 1390 19th Avenue SW
(Lots 10 & 11, Block D, Oslo Park Unit 3)
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously adopted
Resolution No. 2003-046 releasing aportion of an easement on
Lots 10 and 11, Block D, Oslo Park Subdivision Unit 3,
7.K. Resolution No. 2003-047 - Martin Green - Partial Release of
Easement at 601 23rd Place SW (Lot 12, Block 46. Vero Beach
Highlands Unit 5)
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously adopted
Resolution No. 2003-047 releasing a portion of an easement on
Lot 12, Block 46, Vero Beach Highlands Subdivision Unit 5.
April 15, 2003
6
Z.L. Amendment to EDACS FX Agreement (800 MHz Software
License Agreement 1 -Year Extension) -Tyco Electronics (dba MIA.
Com Formerly Ericsson) - Communications International, Inc.
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously ratified the
Chairman's execution of the amendment to the EDACS FX
Agreement, as recommended in the memorandum. (See
minutes of 12/17/02 for original agreement.)
AMENDMENT (RATIFICATION) IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.M. Florida Department of Transportation Local Agencv Program
Agreement -Federal-Aid Project Funding Request - 26th Street
Bridge Over Range Line Canal (74th Avenue)
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously authorized the
Chairman to execute the additional form (see minutes of
September 17, 2002 for original agreement) entitled Federal -
Aid Project Funding Request as required by FDOT, as
recommended in the memorandum.
COPY OF DOCUMENT IS FILED WITH THE OTHERS APPROVED ON 9/17/02
IN THE OFFICE OF THE CLERK TO THE BOARD
April 15, 2003
7
.7"
Z.L. Amendment to EDACS FX Agreement (800 MHz Software
License Agreement 1 -Year Extension) -Tyco Electronics (dba MIA.
Com Formerly Ericsson) - Communications International, Inc.
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously ratified the
Chairman's execution of the amendment to the EDACS FX
Agreement, as recommended in the memorandum. (See
minutes of 12/17/02 for original agreement.)
AMENDMENT (RATIFICATION) IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.M. Florida Department of Transportation Local Agencv Program
Agreement -Federal-Aid Project Funding Request - 26th Street
Bridge Over Range Line Canal (74th Avenue)
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously authorized the
Chairman to execute the additional form (see minutes of
September 17, 2002 for original agreement) entitled Federal -
Aid Project Funding Request as required by FDOT, as
recommended in the memorandum.
COPY OF DOCUMENT IS FILED WITH THE OTHERS APPROVED ON 9/17/02
IN THE OFFICE OF THE CLERK TO THE BOARD
April 15, 2003
7
-'
f
Z.L. Amendment to EDACS FX Agreement (800 MHz Software
License Agreement 1 -Year Extension) -Tyco Electronics (dba MIA.
Com Formerly Ericsson) - Communications International, Inc.
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously ratified the
Chairman's execution of the amendment to the EDACS FX
Agreement, as recommended in the memorandum. (See
minutes of 12/17/02 for original agreement.)
AMENDMENT (RATIFICATION) IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.M. Florida Department of Transportation Local Agencv Program
Agreement -Federal-Aid Project Funding Request - 26th Street
Bridge Over Range Line Canal (74th Avenue)
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously authorized the
Chairman to execute the additional form (see minutes of
September 17, 2002 for original agreement) entitled Federal -
Aid Project Funding Request as required by FDOT, as
recommended in the memorandum.
COPY OF DOCUMENT IS FILED WITH THE OTHERS APPROVED ON 9/17/02
IN THE OFFICE OF THE CLERK TO THE BOARD
April 15, 2003
7
.7"
Z.L. Amendment to EDACS FX Agreement (800 MHz Software
License Agreement 1 -Year Extension) -Tyco Electronics (dba MIA.
Com Formerly Ericsson) - Communications International, Inc.
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously ratified the
Chairman's execution of the amendment to the EDACS FX
Agreement, as recommended in the memorandum. (See
minutes of 12/17/02 for original agreement.)
AMENDMENT (RATIFICATION) IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.M. Florida Department of Transportation Local Agencv Program
Agreement -Federal-Aid Project Funding Request - 26th Street
Bridge Over Range Line Canal (74th Avenue)
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously authorized the
Chairman to execute the additional form (see minutes of
September 17, 2002 for original agreement) entitled Federal -
Aid Project Funding Request as required by FDOT, as
recommended in the memorandum.
COPY OF DOCUMENT IS FILED WITH THE OTHERS APPROVED ON 9/17/02
IN THE OFFICE OF THE CLERK TO THE BOARD
April 15, 2003
7
-'
f
7.N. Indian River Drive Bikepath - South Sebastian City Limits to US
#1 -Florida Department of Transportation Local Agency Program.
Agreement Federal Aid Project Funding Request
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously authorized the
Chairman to execute the Federal -Aid Project Funding Request
required by FDOT, as recommended in the memorandum.
COPY OF DOCUMENT IS FILED WITH THE OTHERS APPROVED ON 9/17/02
IN THE OFFICE OF THE CLERK TO THE BOARD
7.0. Authorization to Refinance Bond Issues - 515.000.000 General
Obligation Bonds. Series 1995. S47.190.000 Water and Sewer
Revenue Bonds. Series 1993, and 538.900.000 Water & Sewer
Revenue Bonds. Series 1996
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously authorized staff
to refinance the $155000,000 General Obligation Bonds, Series
1995, the $47,190,000 Water and Sewer Revenue Bonds, Series
1993, and $38,900,000 Water and Sewer Revenue Bonds,
Series 1996, as recommended in the memoranda.
April 15, 2003
0
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7.N. Indian River Drive Bikepath - South Sebastian City Limits to US
#1 -Florida Department of Transportation Local Agency Program.
Agreement Federal Aid Project Funding Request
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously authorized the
Chairman to execute the Federal -Aid Project Funding Request
required by FDOT, as recommended in the memorandum.
COPY OF DOCUMENT IS FILED WITH THE OTHERS APPROVED ON 9/17/02
IN THE OFFICE OF THE CLERK TO THE BOARD
7.0. Authorization to Refinance Bond Issues - 515.000.000 General
Obligation Bonds. Series 1995. S47.190.000 Water and Sewer
Revenue Bonds. Series 1993, and 538.900.000 Water & Sewer
Revenue Bonds. Series 1996
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously authorized staff
to refinance the $155000,000 General Obligation Bonds, Series
1995, the $47,190,000 Water and Sewer Revenue Bonds, Series
1993, and $38,900,000 Water and Sewer Revenue Bonds,
Series 1996, as recommended in the memoranda.
April 15, 2003
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Z.P. Code Enforcement Board -Dana G. StetserAppointedArchitect
Revresentative
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously approved the
appointment of Dana G. Stetser to the Code Enforcement Board
as the architect representative, as requested in the memorandum.
9.A.1. PUBLIC HEARING - ORDINANCE NO. 2003-011- CHARLES
PALMER'S REOUEST TO REZONE 10.32 ACRES FROM A4 TO RM -8
(Quasi -Judicial)
PROOF OF PUBLICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating used a Power Point presentation
(on file with backup) to review the memorandum. He noted that the purpose of this request
is to obtain density allowed by the Comprehensive Plan. He described the existing uses of
nearby properties. He advised that this request met the tests for concurrency, has been found
to comply with consistency policies, will have no environmental impacts, and is compatible
with the Comprehensive Plan. This would be a continuation of the RM -8 (to the west and
the southwest) already approved by the Board. In conclusion, Director Keating stated that
staff supports and recommends this rezoning request and it has also received the Planning
April 15, 2003
E
Z.P. Code Enforcement Board -Dana G. StetserAppointedArchitect
Revresentative
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Lowther, the Board unanimously approved the
appointment of Dana G. Stetser to the Code Enforcement Board
as the architect representative, as requested in the memorandum.
9.A.1. PUBLIC HEARING - ORDINANCE NO. 2003-011- CHARLES
PALMER'S REOUEST TO REZONE 10.32 ACRES FROM A4 TO RM -8
(Quasi -Judicial)
PROOF OF PUBLICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating used a Power Point presentation
(on file with backup) to review the memorandum. He noted that the purpose of this request
is to obtain density allowed by the Comprehensive Plan. He described the existing uses of
nearby properties. He advised that this request met the tests for concurrency, has been found
to comply with consistency policies, will have no environmental impacts, and is compatible
with the Comprehensive Plan. This would be a continuation of the RM -8 (to the west and
the southwest) already approved by the Board. In conclusion, Director Keating stated that
staff supports and recommends this rezoning request and it has also received the Planning
April 15, 2003
E
and Zoning Commission's unanimous recommendation.
Chairman Macht advised he could not support this rezoning request because, in his
opinion, it is not compatible with the surrounding land use. He would only support it at the
6 units/acre level.
The Chairman opened the public hearing and asked if anyone wished to be heard in
this matter.
Bruce Barkett, attorney for the applicant, 756 Beachland Blvd., directed a series of
questions concerning this rezoning to Director Keating in order to establish a record in this
quasi judicial public hearing.
Vice Chairman Ginn posed a question to Mr. Barkett; in responding, he cited case
law of Snyder vs Brevard County,
Chairman Macht continued his contention that RM -8 is inappropriate, and Mr.
Barkett countered that Chairman Macht's argument would be true if a lower density served
some public purpose.
Mr. Barkett stressed that the County's Comp Plan is the guiding principal for
development and the Comp Plan identifies levels of service that are the standard. This
application satisfies all those levels of service requirement and there is no testimony or
evidence before the Board that there would be any public purpose served by lowering the
density. RM -8 is consistent with the Comp Plan and most of the surrounding properties are
already RM -8.
Vice Chairman Ginn raised concern about a density bonus on this property, and
Director Keating responded that the site plan will come before the Board and if a density
bonus is requested, it will be included in that site plan.
Discussion ensued.
April 15, 2003
and Zoning Commission's unanimous recommendation.
Chairman Macht advised he could not support this rezoning request because, in his
opinion, it is not compatible with the surrounding land use. He would only support it at the
6 units/acre level.
The Chairman opened the public hearing and asked if anyone wished to be heard in
this matter.
Bruce Barkett, attorney for the applicant, 756 Beachland Blvd., directed a series of
questions concerning this rezoning to Director Keating in order to establish a record in this
quasi judicial public hearing.
Vice Chairman Ginn posed a question to Mr. Barkett; in responding, he cited case
law of Snyder vs Brevard County,
Chairman Macht continued his contention that RM -8 is inappropriate, and Mr.
Barkett countered that Chairman Macht's argument would be true if a lower density served
some public purpose.
Mr. Barkett stressed that the County's Comp Plan is the guiding principal for
development and the Comp Plan identifies levels of service that are the standard. This
application satisfies all those levels of service requirement and there is no testimony or
evidence before the Board that there would be any public purpose served by lowering the
density. RM -8 is consistent with the Comp Plan and most of the surrounding properties are
already RM -8.
Vice Chairman Ginn raised concern about a density bonus on this property, and
Director Keating responded that the site plan will come before the Board and if a density
bonus is requested, it will be included in that site plan.
Discussion ensued.
April 15, 2003
It was determined that no one else wished to be heard and the Chairman closed the
public hearing.
ON MOTION by Commissioner Lowther, SECONDED BY
Commissioner Adams, the Board adopted Ordinance No. 2003-
011 by a vote of 4-1 (Chairman Macht opposed) amending the
Zoning Ordinance and the accompanying Zoning Map for 10.32
acres located on the south side of 26th Street approximately 664
feet west of 58th Avenue, from A-1, Agricultural District (up to
1 unit/5 acres), to RM -8, Multiple Family Residential District
(up to 8 units/acre); and providing codification, severability,
and effective date.
9.A.2. PUBLIC HEARING - ORDINANCE NO.2003-012 - SUNLAND
CUSTOM HOMES' REOUEST TO REZONE APPROXIMATELY 40.37
ACRES FROM A4 TO RS -3 (Ouasi-Judicial)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating used a Power Point presentation
to aid in review of his memorandum in the backup. (On file with backup.) He described
surrounding existing land uses and reviewed the criteria used for analyzing. He advised this
proposed rezoning met the concurrency tests and is consistent with the Comprehensive Plan.
He spoke of the property's compatibility with surrounding areas. He advised that staff
April 15, 2003
11
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It was determined that no one else wished to be heard and the Chairman closed the
public hearing.
ON MOTION by Commissioner Lowther, SECONDED BY
Commissioner Adams, the Board adopted Ordinance No. 2003-
011 by a vote of 4-1 (Chairman Macht opposed) amending the
Zoning Ordinance and the accompanying Zoning Map for 10.32
acres located on the south side of 26th Street approximately 664
feet west of 58th Avenue, from A-1, Agricultural District (up to
1 unit/5 acres), to RM -8, Multiple Family Residential District
(up to 8 units/acre); and providing codification, severability,
and effective date.
9.A.2. PUBLIC HEARING - ORDINANCE NO.2003-012 - SUNLAND
CUSTOM HOMES' REOUEST TO REZONE APPROXIMATELY 40.37
ACRES FROM A4 TO RS -3 (Ouasi-Judicial)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating used a Power Point presentation
to aid in review of his memorandum in the backup. (On file with backup.) He described
surrounding existing land uses and reviewed the criteria used for analyzing. He advised this
proposed rezoning met the concurrency tests and is consistent with the Comprehensive Plan.
He spoke of the property's compatibility with surrounding areas. He advised that staff
April 15, 2003
11
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recommends adoption and the Planning and Zoning Commission also recommends adoption
of the ordinance.
The Chairman opened the public hearing and asked if anyone wished to be heard in
this matter. There being none, he closed the public hearing.
ON MOTION by Vice Chairman Ginn, SECONDED BY
Commissioner Adams, the Board unanimously adopted
Ordinance No. 2003-012 amending the Zoning Ordinance and
the accompanying Zoning Map for 40.37 acres located on the
north side of 13th Street SW approximately 1900 feet east of 58t'
Avenue, from A-1, Agricultural District (up to 1 unit/5 acres),
to RS -3, Single -Family Residential District (up to 3 units/acre);
and providing codification, severability, and effective date.
9.A.3. PUBLIC HEARING - WOODY WOOD, INC. - APPEAL OF
PLANNING & ZONING COMMISSION DECISION DENYING
REOUEST TO REZONE 1.1 ACRES FROM CL TO CG (Ouasi4udicial)
PROOF OF PUBLICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating explained that this was an appeal
of a Planning and Zoning Commission decision
He gave a comprehensive review of the
memorandum using a Power Point presentation (copy on file with the backup in the office
of the Clerk to the Board) in describing the request and reasons for staff's recommendation
to deny and a unanimous denial by the P & Z. He described the current uses of the property
April 15, 2003
12
4
.�
recommends adoption and the Planning and Zoning Commission also recommends adoption
of the ordinance.
The Chairman opened the public hearing and asked if anyone wished to be heard in
this matter. There being none, he closed the public hearing.
ON MOTION by Vice Chairman Ginn, SECONDED BY
Commissioner Adams, the Board unanimously adopted
Ordinance No. 2003-012 amending the Zoning Ordinance and
the accompanying Zoning Map for 40.37 acres located on the
north side of 13th Street SW approximately 1900 feet east of 58t'
Avenue, from A-1, Agricultural District (up to 1 unit/5 acres),
to RS -3, Single -Family Residential District (up to 3 units/acre);
and providing codification, severability, and effective date.
9.A.3. PUBLIC HEARING - WOODY WOOD, INC. - APPEAL OF
PLANNING & ZONING COMMISSION DECISION DENYING
REOUEST TO REZONE 1.1 ACRES FROM CL TO CG (Ouasi4udicial)
PROOF OF PUBLICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating explained that this was an appeal
of a Planning and Zoning Commission decision
He gave a comprehensive review of the
memorandum using a Power Point presentation (copy on file with the backup in the office
of the Clerk to the Board) in describing the request and reasons for staff's recommendation
to deny and a unanimous denial by the P & Z. He described the current uses of the property
April 15, 2003
12
4
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and why they are inappropriate uses under the current zoning and Comprehensive Plan
Policy. Staff concluded that the current zoning is appropriate but the current use is not. The
applicant's appeal letter references Planner of the Day (POD) advice but in the POD Log
maintained by staff, an inquiry regarding the subject property could not be found in 2002.
There was record of an inquiry on July 22, 2002, (CLERK'S NOTE: A corrected page 126
has been placed in the backup for the meeting in the office of the Clerk to the Board.) by
"Victor" to find out if used car sales are allowed in CL. The POD's response was "no". Mr.
Woodburn did come in and talked with the POD in January and February of this year and
asked about used cars sales in CL. He asked for and was given a rezoning application.
In conclusion, Director Keating advised that staff did not support rezoning this
property and recommended the Board uphold the P&Z decision to deny the rezoning.
Both Vice Chairman Ginn and Commissioner Neuberger had visited the property and
found it to be overcrowded with vehicles.
Director Keating responded to questions.
Commissioner Adams recalled the Board's earlier discussions about car sale lots
which generally use eye-catching gimmicks to attract people's interest.
The Chairman opened the public hearing and asked if anyone wished to be heard in
this matter.
Stan Goff, an 18 -year resident of Ercildoune Heights, was very thankful for County
sidewalks he uses to walk to nearby shopping centers, but cars parked in the car lot often
block the sidewalk. He said the back looks like a rat's nest; the neighbors do not deserve
this.
Arthur De Shane, 13675 77" Court, Roseland, asked the Board to support staff s
and the P & Z's recommendation and deny the appeal.
April 15, 2003
13
77777
and why they are inappropriate uses under the current zoning and Comprehensive Plan
Policy. Staff concluded that the current zoning is appropriate but the current use is not. The
applicant's appeal letter references Planner of the Day (POD) advice but in the POD Log
maintained by staff, an inquiry regarding the subject property could not be found in 2002.
There was record of an inquiry on July 22, 2002, (CLERK'S NOTE: A corrected page 126
has been placed in the backup for the meeting in the office of the Clerk to the Board.) by
"Victor" to find out if used car sales are allowed in CL. The POD's response was "no". Mr.
Woodburn did come in and talked with the POD in January and February of this year and
asked about used cars sales in CL. He asked for and was given a rezoning application.
In conclusion, Director Keating advised that staff did not support rezoning this
property and recommended the Board uphold the P&Z decision to deny the rezoning.
Both Vice Chairman Ginn and Commissioner Neuberger had visited the property and
found it to be overcrowded with vehicles.
Director Keating responded to questions.
Commissioner Adams recalled the Board's earlier discussions about car sale lots
which generally use eye-catching gimmicks to attract people's interest.
The Chairman opened the public hearing and asked if anyone wished to be heard in
this matter.
Stan Goff, an 18 -year resident of Ercildoune Heights, was very thankful for County
sidewalks he uses to walk to nearby shopping centers, but cars parked in the car lot often
block the sidewalk. He said the back looks like a rat's nest; the neighbors do not deserve
this.
Arthur De Shane, 13675 77" Court, Roseland, asked the Board to support staff s
and the P & Z's recommendation and deny the appeal.
April 15, 2003
13
and why they are inappropriate uses under the current zoning and Comprehensive Plan
Policy. Staff concluded that the current zoning is appropriate but the current use is not. The
applicant's appeal letter references Planner of the Day (POD) advice but in the POD Log
maintained by staff, an inquiry regarding the subject property could not be found in 2002.
There was record of an inquiry on July 22, 2002, (CLERK'S NOTE: A corrected page 126
has been placed in the backup for the meeting in the office of the Clerk to the Board.) by
"Victor" to find out if used car sales are allowed in CL. The POD's response was "no". Mr.
Woodburn did come in and talked with the POD in January and February of this year and
asked about used cars sales in CL. He asked for and was given a rezoning application.
In conclusion, Director Keating advised that staff did not support rezoning this
property and recommended the Board uphold the P&Z decision to deny the rezoning.
Both Vice Chairman Ginn and Commissioner Neuberger had visited the property and
found it to be overcrowded with vehicles.
Director Keating responded to questions.
Commissioner Adams recalled the Board's earlier discussions about car sale lots
which generally use eye-catching gimmicks to attract people's interest.
The Chairman opened the public hearing and asked if anyone wished to be heard in
this matter.
Stan Goff, an 18 -year resident of Ercildoune Heights, was very thankful for County
sidewalks he uses to walk to nearby shopping centers, but cars parked in the car lot often
block the sidewalk. He said the back looks like a rat's nest; the neighbors do not deserve
this.
Arthur De Shane, 13675 77" Court, Roseland, asked the Board to support staff s
and the P & Z's recommendation and deny the appeal.
April 15, 2003
13
77777
and why they are inappropriate uses under the current zoning and Comprehensive Plan
Policy. Staff concluded that the current zoning is appropriate but the current use is not. The
applicant's appeal letter references Planner of the Day (POD) advice but in the POD Log
maintained by staff, an inquiry regarding the subject property could not be found in 2002.
There was record of an inquiry on July 22, 2002, (CLERK'S NOTE: A corrected page 126
has been placed in the backup for the meeting in the office of the Clerk to the Board.) by
"Victor" to find out if used car sales are allowed in CL. The POD's response was "no". Mr.
Woodburn did come in and talked with the POD in January and February of this year and
asked about used cars sales in CL. He asked for and was given a rezoning application.
In conclusion, Director Keating advised that staff did not support rezoning this
property and recommended the Board uphold the P&Z decision to deny the rezoning.
Both Vice Chairman Ginn and Commissioner Neuberger had visited the property and
found it to be overcrowded with vehicles.
Director Keating responded to questions.
Commissioner Adams recalled the Board's earlier discussions about car sale lots
which generally use eye-catching gimmicks to attract people's interest.
The Chairman opened the public hearing and asked if anyone wished to be heard in
this matter.
Stan Goff, an 18 -year resident of Ercildoune Heights, was very thankful for County
sidewalks he uses to walk to nearby shopping centers, but cars parked in the car lot often
block the sidewalk. He said the back looks like a rat's nest; the neighbors do not deserve
this.
Arthur De Shane, 13675 77" Court, Roseland, asked the Board to support staff s
and the P & Z's recommendation and deny the appeal.
April 15, 2003
13
Charlene Applegate 14445 80`h Avenue, spoke in opposition to rezoning. She
delivered letters from 13 neighbors indicating their opposition. (Letters are on file with the
backup in the office of the Clerk to the Board.) She pointed out that Catalano Auto Sales
and Service has been doing business in the location illegally and the operation has disrupted
their neighborhood and caused safety concerns for neighbors. She presented photographs
to support her descriptions of the property and inappropriate uses. (Photographs have been
filed with the backup for the meeting.)
Sharon Lucia, 14360 80t'Avenue, advised she was strongly opposed to the rezoning
appeal being granted.
Clinton Putnam, 612 Bougainvillea Circle, was opposed to Catalano Auto Sales
because his mother bought a car from them and the car was a major mechanical failure. He
felt there was a safety issue to the community.
James Applegate 14445 80t'' Avenue, complained the property is not just a car lot,
but a mess. He enumerated the types of uses on the subject property pointing out that some
are not allowed under CL zoning and others were grandfathered. He commented on the
negative impacts on the nearby residential area if the zoning change were to be approved.
Dale Woodburn, owner of the subject property, stated he pays a lot of taxes. He
claimed that when the U -Haul business owner moved off the property, he did not know what
to do with it. Joe Boggs (a business -owner in Brevard County) suggested to him that
perhaps he could put in a used car lot, but told him to first check the zoning. He claimed he
went to the Planner of the Day and made a big mistake by not getting the name of the person
who advised him the uses he proposed for the property were allowed. He prepared the
property for a car lot and Mr. Catalano brought in his cars for sale. He has been trying to
hold on to his property and has been trying to make it look nicer.
April 15, 2003
14
Charlene Applegate 14445 80`h Avenue, spoke in opposition to rezoning. She
delivered letters from 13 neighbors indicating their opposition. (Letters are on file with the
backup in the office of the Clerk to the Board.) She pointed out that Catalano Auto Sales
and Service has been doing business in the location illegally and the operation has disrupted
their neighborhood and caused safety concerns for neighbors. She presented photographs
to support her descriptions of the property and inappropriate uses. (Photographs have been
filed with the backup for the meeting.)
Sharon Lucia, 14360 80t'Avenue, advised she was strongly opposed to the rezoning
appeal being granted.
Clinton Putnam, 612 Bougainvillea Circle, was opposed to Catalano Auto Sales
because his mother bought a car from them and the car was a major mechanical failure. He
felt there was a safety issue to the community.
James Applegate 14445 80t'' Avenue, complained the property is not just a car lot,
but a mess. He enumerated the types of uses on the subject property pointing out that some
are not allowed under CL zoning and others were grandfathered. He commented on the
negative impacts on the nearby residential area if the zoning change were to be approved.
Dale Woodburn, owner of the subject property, stated he pays a lot of taxes. He
claimed that when the U -Haul business owner moved off the property, he did not know what
to do with it. Joe Boggs (a business -owner in Brevard County) suggested to him that
perhaps he could put in a used car lot, but told him to first check the zoning. He claimed he
went to the Planner of the Day and made a big mistake by not getting the name of the person
who advised him the uses he proposed for the property were allowed. He prepared the
property for a car lot and Mr. Catalano brought in his cars for sale. He has been trying to
hold on to his property and has been trying to make it look nicer.
April 15, 2003
14
In response to Commissioner Adams' inquiry, Director Keating advised that an
occupational license was issued but there is always a disclaimer on the license which says
the licensee must check to make sure the use will be allowed at the location.
Michelle Blauman has supported her family for 7 years by working for Catalano
Auto Sales. She felt this was unfair, they need a chance. They are determined to make that
place look nice. She suggested they be given a limit on the number of cars and implored
the Board for their help.
Brian Heady, Vero Beach, encouraged the Commissioners to do the right thing by
protecting the neighborhood.
It was determined that no one else wished to be heard and the Chairman closed the
public hearing.
Vice Chairman Ginn suggested that the person who makes the inquiry should be
required to print their name into the log.
In response, Director Keating advised that half of the 40-50 interactions a day are on
the phone.
Commissioner Adams commented that ordinary citizens are not accustomed to
"planner-eze". She believed this issue was caused by an unfortunate misinterpretation. In
spite of that, it is still not permissible. We have LDRs which are specific about what is
allowed in these areas. She suggested they find another area on US 1 for their car lot. She
thought the Board had to uphold the P & Z denial and staff s recommendation to deny.
Commissioner Lowther stressed that when planning a business a person has to go
step-by-step, double check, go thru P & Z, and know what is permitted where before
commencing.
April 15, 2003
15
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.,
In response to Commissioner Adams' inquiry, Director Keating advised that an
occupational license was issued but there is always a disclaimer on the license which says
the licensee must check to make sure the use will be allowed at the location.
Michelle Blauman has supported her family for 7 years by working for Catalano
Auto Sales. She felt this was unfair, they need a chance. They are determined to make that
place look nice. She suggested they be given a limit on the number of cars and implored
the Board for their help.
Brian Heady, Vero Beach, encouraged the Commissioners to do the right thing by
protecting the neighborhood.
It was determined that no one else wished to be heard and the Chairman closed the
public hearing.
Vice Chairman Ginn suggested that the person who makes the inquiry should be
required to print their name into the log.
In response, Director Keating advised that half of the 40-50 interactions a day are on
the phone.
Commissioner Adams commented that ordinary citizens are not accustomed to
"planner-eze". She believed this issue was caused by an unfortunate misinterpretation. In
spite of that, it is still not permissible. We have LDRs which are specific about what is
allowed in these areas. She suggested they find another area on US 1 for their car lot. She
thought the Board had to uphold the P & Z denial and staff s recommendation to deny.
Commissioner Lowther stressed that when planning a business a person has to go
step-by-step, double check, go thru P & Z, and know what is permitted where before
commencing.
April 15, 2003
15
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.,
Discussion was held and Director Keating responded to Commissioners' questions.
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Neuberger, the Board unanimously upheld the
Planning and Zoning Commission's decision to deny the
request to rezone the subject property from CL to CG.
In response to Commissioner Adams as to a time frame, Environmental & Code
Enforcement ChiefRoland DeBlois advised that a Code Enforcement Board order has given
them to May 16 to resolve the issue. They will have until that date to cease the use since the
rezoning has been denied.
(CLERK'S NOTE: The Chairman called a short break at 10:19
a.m. and the meeting was reconvened at 10:27 a.m. with all
members present.)
9.A.4. PUBLIC HEARING - ORDINANCE NO. 2003-013 - SUNTREE
PARTNERS. INC. - REQUEST TO REZONE 29.44 ACRES OF
PROPERTY FROM A4 TO PD AND MODIFY THE CITRUS SPRINGS
CONCEPTUAL PD PLAN - VILLAGE G (Legislative)
PROOF OF PUBLICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling reviewed the memorandum using a site map from page
143 in the backup
April 15, 2003
He reviewed the proposal for expanding Citrus Springs with the
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Discussion was held and Director Keating responded to Commissioners' questions.
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Neuberger, the Board unanimously upheld the
Planning and Zoning Commission's decision to deny the
request to rezone the subject property from CL to CG.
In response to Commissioner Adams as to a time frame, Environmental & Code
Enforcement ChiefRoland DeBlois advised that a Code Enforcement Board order has given
them to May 16 to resolve the issue. They will have until that date to cease the use since the
rezoning has been denied.
(CLERK'S NOTE: The Chairman called a short break at 10:19
a.m. and the meeting was reconvened at 10:27 a.m. with all
members present.)
9.A.4. PUBLIC HEARING - ORDINANCE NO. 2003-013 - SUNTREE
PARTNERS. INC. - REQUEST TO REZONE 29.44 ACRES OF
PROPERTY FROM A4 TO PD AND MODIFY THE CITRUS SPRINGS
CONCEPTUAL PD PLAN - VILLAGE G (Legislative)
PROOF OF PUBLICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling reviewed the memorandum using a site map from page
143 in the backup
April 15, 2003
He reviewed the proposal for expanding Citrus Springs with the
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addition of Village G. Density of Village G will be 2.41 units per acres, slightly lower than
the density allowed for the overall area. The main waiver applied to these lots is the side -
yard setback. He pointed out a correction item on the internal sidewalks. All the types of
conditions for the rest of Citrus Springs will apply to this addition. There will be a Type "B"
buffer with a 6 -foot opaque feature required
Commission and staff recommend approval.
He advised that the Planning and Zoning
The Chairman opened the public hearing and asked if anyone wished to be heard in
this matter. There being none, he closed the public hearing.
ON MOTION by Vice Chairman Ginn, SECONDED BY
Commissioner Lowther, the Board unanimously adopted
Ordinance No. 2003-013 amending the Zoning Ordinance and
the accompanying Zoning Map from A-1 to PD for
approximately 29.44 acres and modifying the overall conceptual
plan for the subject site located on the north side of Oslo Road
approximately 330 feet east of 58`" Avenue and described herein
and providing for effective date.
9.A.5. PUBLIC HEARING - ORDINANCE NO.
AMENDING THE SOLID WASTE MANAGEMENT
ORDINANCE (CHAPTER 204 OF THE CODE)
April 15, 2003
PROOF OF PUBLICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
17
2003-014 -
PROGRAM
addition of Village G. Density of Village G will be 2.41 units per acres, slightly lower than
the density allowed for the overall area. The main waiver applied to these lots is the side -
yard setback. He pointed out a correction item on the internal sidewalks. All the types of
conditions for the rest of Citrus Springs will apply to this addition. There will be a Type "B"
buffer with a 6 -foot opaque feature required
Commission and staff recommend approval.
He advised that the Planning and Zoning
The Chairman opened the public hearing and asked if anyone wished to be heard in
this matter. There being none, he closed the public hearing.
ON MOTION by Vice Chairman Ginn, SECONDED BY
Commissioner Lowther, the Board unanimously adopted
Ordinance No. 2003-013 amending the Zoning Ordinance and
the accompanying Zoning Map from A-1 to PD for
approximately 29.44 acres and modifying the overall conceptual
plan for the subject site located on the north side of Oslo Road
approximately 330 feet east of 58`" Avenue and described herein
and providing for effective date.
9.A.5. PUBLIC HEARING - ORDINANCE NO.
AMENDING THE SOLID WASTE MANAGEMENT
ORDINANCE (CHAPTER 204 OF THE CODE)
April 15, 2003
PROOF OF PUBLICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
17
2003-014 -
PROGRAM
Assistant County Attorney Marian Fell noted that most of the changes in the proposed
ordinance are to update definitions, update and clarify the existing provisions for franchises,
and clarify the exclusive nature of residential franchise service in the unincorporated county.
The ordinance also allows for the implementation of the non-exclusive construction and
demolition (C & D) debris franchises, codifies that the service is non-exclusive and provides
for enforcement of the exclusive C & D debris franchises. Many of the existing provisions
in the ordinance are carried forward. The proposed ordinance provides for an effective date
of April 30, 2003.
Vice Chairman Ginn suggested a change on Section Eight, B., as follows: "natural
person" to "Indian River County resident" and under E., to change "any person" to "any
Indian River County resident"
Director Olson agreed that the intent is to ensure that someone with a franchise with
the county will be able to dispose of Indian River County waste.
Commissioner Neuberger advised that he had taken some long -ago cut tree trunks
from his yard to the transfer station and was told he had to take them to the Landfill. He
understood there would be a charge for them to be accepted at the Landfill.
Director Olson explained that decisions about yard waste sizes have been difficult but
they had to draw the line somewhere. Certain items are just too large to be handled at the
transfer station. If directed, staff could consider accepting larger yard waste, but that would
not be his recommendation. He also explained how yard trash is disposed of at a transfer
station and how the large limbs and trunks are ground into mulch at the Landfill.
In response to Vice Chairman Ginn's inquiry, Director Olsen explained what is
covered by the SWDD assessment on our annual tax bills
$10/ton for land clearing debris.
April 15, 2003
The charge at the Landfill is
`
s ,
Assistant County Attorney Marian Fell noted that most of the changes in the proposed
ordinance are to update definitions, update and clarify the existing provisions for franchises,
and clarify the exclusive nature of residential franchise service in the unincorporated county.
The ordinance also allows for the implementation of the non-exclusive construction and
demolition (C & D) debris franchises, codifies that the service is non-exclusive and provides
for enforcement of the exclusive C & D debris franchises. Many of the existing provisions
in the ordinance are carried forward. The proposed ordinance provides for an effective date
of April 30, 2003.
Vice Chairman Ginn suggested a change on Section Eight, B., as follows: "natural
person" to "Indian River County resident" and under E., to change "any person" to "any
Indian River County resident"
Director Olson agreed that the intent is to ensure that someone with a franchise with
the county will be able to dispose of Indian River County waste.
Commissioner Neuberger advised that he had taken some long -ago cut tree trunks
from his yard to the transfer station and was told he had to take them to the Landfill. He
understood there would be a charge for them to be accepted at the Landfill.
Director Olson explained that decisions about yard waste sizes have been difficult but
they had to draw the line somewhere. Certain items are just too large to be handled at the
transfer station. If directed, staff could consider accepting larger yard waste, but that would
not be his recommendation. He also explained how yard trash is disposed of at a transfer
station and how the large limbs and trunks are ground into mulch at the Landfill.
In response to Vice Chairman Ginn's inquiry, Director Olsen explained what is
covered by the SWDD assessment on our annual tax bills
$10/ton for land clearing debris.
April 15, 2003
The charge at the Landfill is
`
s ,
In response to Chairman Macht's hypothetical case, Director Olsen advised that an
individual with a pickup truck who does small hauling jobs in the county will be able to
apply for a license to do that work.
George Geletko, representing Waste Management, advised that a 3" diameter is the
maximum size log their equipment will accept. They do have roll -off service available.
The Chairman opened the public hearing and asked if anyone wished to be heard in
this matter.
Warren Dili, an attorney from Sebastian representing Arnold's Cleanup, advised that
his client is involved in the C & D removal from homes and construction jobs. He thanked
the Commissioners for beginning this process to help the small businesses perform this
service in Indian River County. He advised that it had been a wonderful experience working
with staff and Attorney Fell.
It was determined that no one else wished to be heard and the Chairman closed the
public hearing.
ON MOTION by Vice Chairman Ginn, SECONDED BY
Commissioner Lowther, the Board unanimously adopted
Ordinance No. 2003-014 concerning the County's Solid Waste
Management Program; providing findings; providing intent and
purposes; providing a title and citation; providing for
applicability; providing for construction and 'interpretation;
providing definitions; providing for franchises for the collection
of regulated solid waste; providing exemptions; providing for
April 15, 2003
19 . ,.,
,i �
In response to Chairman Macht's hypothetical case, Director Olsen advised that an
individual with a pickup truck who does small hauling jobs in the county will be able to
apply for a license to do that work.
George Geletko, representing Waste Management, advised that a 3" diameter is the
maximum size log their equipment will accept. They do have roll -off service available.
The Chairman opened the public hearing and asked if anyone wished to be heard in
this matter.
Warren Dili, an attorney from Sebastian representing Arnold's Cleanup, advised that
his client is involved in the C & D removal from homes and construction jobs. He thanked
the Commissioners for beginning this process to help the small businesses perform this
service in Indian River County. He advised that it had been a wonderful experience working
with staff and Attorney Fell.
It was determined that no one else wished to be heard and the Chairman closed the
public hearing.
ON MOTION by Vice Chairman Ginn, SECONDED BY
Commissioner Lowther, the Board unanimously adopted
Ordinance No. 2003-014 concerning the County's Solid Waste
Management Program; providing findings; providing intent and
purposes; providing a title and citation; providing for
applicability; providing for construction and 'interpretation;
providing definitions; providing for franchises for the collection
of regulated solid waste; providing exemptions; providing for
April 15, 2003
19 . ,.,
,i �
responsibilities of county residents, residential customers, and
commercial property owners; providing for commercial
containers or construction and demolition debris commercial
containers at construction sites; providing application
procedures for franchisee; providing standards for franchise
I
ssuance; providing terms and conditions of franchises;
providing service standards for franchisees; providing for
franchise renewals; providing for franchise transfers; providing
for revocation of franchises; providing for rules, regulations,
and fees; providing for franchisee as independent contractor;
providing for litter control; providing for prohibition on
salvaging; providing civil remedies; providing penalties;
providing for amendments to the definitions of garden trash,
industrial waste, and special wastes in Section 204.24 of the
County Code and for amendments to Section 204.31(a) of the
County Code; providing for severability; providing for repeal
of other conflicting ordinances; providing for inclusion in the
Code of laws and ordinances of Indian River County; providing
for filing with the Department of State; and providing an
effective date.
April 15, 2003
20
_ { z*�_ 3
'J 3^,
responsibilities of county residents, residential customers, and
commercial property owners; providing for commercial
containers or construction and demolition debris commercial
containers at construction sites; providing application
procedures for franchisee; providing standards for franchise
I
ssuance; providing terms and conditions of franchises;
providing service standards for franchisees; providing for
franchise renewals; providing for franchise transfers; providing
for revocation of franchises; providing for rules, regulations,
and fees; providing for franchisee as independent contractor;
providing for litter control; providing for prohibition on
salvaging; providing civil remedies; providing penalties;
providing for amendments to the definitions of garden trash,
industrial waste, and special wastes in Section 204.24 of the
County Code and for amendments to Section 204.31(a) of the
County Code; providing for severability; providing for repeal
of other conflicting ordinances; providing for inclusion in the
Code of laws and ordinances of Indian River County; providing
for filing with the Department of State; and providing an
effective date.
April 15, 2003
20
_ { z*�_ 3
'J 3^,
9.B.1. PUBLIC DISCUSSION ITEM - BRIAN HEADY - TAX
BURDEN AND EXPENDITURES OF INDIAN RIVER COUNTY
Brian Heady, Vero Beach, thought it important for everyone to be vigilant about
how our tax dollars are used. He stressed the importance of supporting local businesses.
He suggested the Board adopt a policy to buy from local merchants and purchase goods
made in the USA in order to help our companies and our country.
Mr. Heady also inquired about the Veteran's benefits cut he brought up previously
and suggested the Board send a letter to the Legislative delegation members.
Chairman Macht advised that staff had researched that point and had learned that the
cuts were removed from Legislative consideration.
Mr. Heady also took issue with an internal memo he had read.
9.B.2. PUBLIC DISCUSSION ITEM - REOUEST FROM ARTHUR
J. KRIEGER TO DISCUSS A LINE EXTENSION FEE ON VACANT
LAND IN SEBASTIAN AREA
Deleted.
9.B.3. PUBLIC DISCUSSION ITEM - COMMENTS OF RENE
RENZI ON BEHALF OF THE CIVIC ASSOCIATION
Rene Renzi, 340A Waverly Place, advised that at yesterday's Civic Association
meeting two recent County ordinances were discussed. The County will be receiving a letter
of endorsement on the communication tower ordinance. The Civic Association will also
April 15, 2003
21 '0 $
L.;i a .,�
9.B.1. PUBLIC DISCUSSION ITEM - BRIAN HEADY - TAX
BURDEN AND EXPENDITURES OF INDIAN RIVER COUNTY
Brian Heady, Vero Beach, thought it important for everyone to be vigilant about
how our tax dollars are used. He stressed the importance of supporting local businesses.
He suggested the Board adopt a policy to buy from local merchants and purchase goods
made in the USA in order to help our companies and our country.
Mr. Heady also inquired about the Veteran's benefits cut he brought up previously
and suggested the Board send a letter to the Legislative delegation members.
Chairman Macht advised that staff had researched that point and had learned that the
cuts were removed from Legislative consideration.
Mr. Heady also took issue with an internal memo he had read.
9.B.2. PUBLIC DISCUSSION ITEM - REOUEST FROM ARTHUR
J. KRIEGER TO DISCUSS A LINE EXTENSION FEE ON VACANT
LAND IN SEBASTIAN AREA
Deleted.
9.B.3. PUBLIC DISCUSSION ITEM - COMMENTS OF RENE
RENZI ON BEHALF OF THE CIVIC ASSOCIATION
Rene Renzi, 340A Waverly Place, advised that at yesterday's Civic Association
meeting two recent County ordinances were discussed. The County will be receiving a letter
of endorsement on the communication tower ordinance. The Civic Association will also
April 15, 2003
21 '0 $
L.;i a .,�
send a letter to the State insisting that local governments retain control. The Board will
receive another letter regarding the tree protection ordinance, the Civic Association was also
pleased with that ordinance. There is great concern, however, that it easily can be
undermined by deep -pocketed developers as has already occurred in the development of The
Palms at 6' Avenue and 12'' Street,
Administrator Chandler advised this matter will be on the next Commission meeting
agenda.
9.C. PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED FOR
APRIL 22, 2003
1. DEMOLITION ORDINANCE PROVIDING FOR
HEALTH DEPARTMENT INSPECTION
2. REAL ESTATE DEVELOPMENT & INVESTMENT'S
REQUEST TO REZONE APPROXIMA TEL Y 141. S 7
ACRES FROM A4 AND RS -3 TO PD AND TO.
APPROVE THE CONCEPTUAL PD PLAN FOR THE,
26TH STREET RESIDENTIAL PROJECT. SUBJECT
SITE LOCATED ON THE NORTH SIDE OF 26TH
STREET, EAST OF 26TH STREET1 6TH AVENUE.
INTERSECTION (LEGISLATIVE)
April 15, 2003
22
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send a letter to the State insisting that local governments retain control. The Board will
receive another letter regarding the tree protection ordinance, the Civic Association was also
pleased with that ordinance. There is great concern, however, that it easily can be
undermined by deep -pocketed developers as has already occurred in the development of The
Palms at 6' Avenue and 12'' Street,
Administrator Chandler advised this matter will be on the next Commission meeting
agenda.
9.C. PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED FOR
APRIL 22, 2003
1. DEMOLITION ORDINANCE PROVIDING FOR
HEALTH DEPARTMENT INSPECTION
2. REAL ESTATE DEVELOPMENT & INVESTMENT'S
REQUEST TO REZONE APPROXIMA TEL Y 141. S 7
ACRES FROM A4 AND RS -3 TO PD AND TO.
APPROVE THE CONCEPTUAL PD PLAN FOR THE,
26TH STREET RESIDENTIAL PROJECT. SUBJECT
SITE LOCATED ON THE NORTH SIDE OF 26TH
STREET, EAST OF 26TH STREET1 6TH AVENUE.
INTERSECTION (LEGISLATIVE)
April 15, 2003
22
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3. SCHEDULED FOR PUBLIC HEARING ON MA Y
6.2003: COUNTY -INITIATED REQUEST TO UPDATE
THE CAPITAL IMPR O VEMENTS AND
TRANSPORTATION ELEMENTS OF THE
COMPREHENSIVE PLAN (LEGISLATIVE)
The Chairman read the above public notices into the record.
11.G.1. RESOLUTION NO. 2003-048 - JOINT PARTICIPATION
AGREEMENT (JPA) WITH THE
TRANSPORTATION (FDOT)
FLORIDA DEPARTMENT OF
FOR STREET LIGHTING
MAINTENANCE AND COMPENSATION - ROADWAY LIGHTING
INVENTORY
ON MOTION by Commissioner Adams, SECONDED BY Vice
Chairman Ginn, the Board unanimously adopted Resolution No.
2003-048 authorizing a Joint Participation Agreement (JPA)
(with FDOT) for street lighting maintenance and compensation.
COPY OF PARTIALLY EXECUTED AGREEMENT
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.G.2. TRAFFIC SIGNALIZATION PLANS PREPARATION FOR
THE FOLLOWING INTERSECTIONS: 5TH ST. SW AND 27TH
April 15, 2003
23
3. SCHEDULED FOR PUBLIC HEARING ON MA Y
6.2003: COUNTY -INITIATED REQUEST TO UPDATE
THE CAPITAL IMPR O VEMENTS AND
TRANSPORTATION ELEMENTS OF THE
COMPREHENSIVE PLAN (LEGISLATIVE)
The Chairman read the above public notices into the record.
11.G.1. RESOLUTION NO. 2003-048 - JOINT PARTICIPATION
AGREEMENT (JPA) WITH THE
TRANSPORTATION (FDOT)
FLORIDA DEPARTMENT OF
FOR STREET LIGHTING
MAINTENANCE AND COMPENSATION - ROADWAY LIGHTING
INVENTORY
ON MOTION by Commissioner Adams, SECONDED BY Vice
Chairman Ginn, the Board unanimously adopted Resolution No.
2003-048 authorizing a Joint Participation Agreement (JPA)
(with FDOT) for street lighting maintenance and compensation.
COPY OF PARTIALLY EXECUTED AGREEMENT
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.G.2. TRAFFIC SIGNALIZATION PLANS PREPARATION FOR
THE FOLLOWING INTERSECTIONS: 5TH ST. SW AND 27TH
April 15, 2003
23
AVENUE; IST ST. SW AND 27TH AVENUE: 5TH ST. SW AND 43RD
AVENUE: IST ST. SW AND 43RD AVENUE: SR 60 AND 58TH
AVENUE: 53RD ST AND INDIAN RIVER BOULEVARD; BAHIA MAR
ROAD AND SR AIA - FDSI (FLORIDA DATABASE SYSTEMS, INC.)
AND KIMLEY-HORN & ASSOCIATES, INC.
MOTION WAS MADE by Commissioner Neuberger,
SECONDED by Commissioner Lowther, to approve staff s
recommendation. (Alternative No. 1)
Vice Chairman Ginn inquired about the pedestrian crosswalk at Bahia Mar and its
close proximity to another one (Jaycee Park on AIA), and County Traffic Engineer Chris
Mora, P.E., specified that is an on -demand pedestrian crosswalk which will flash and is
activated by a pedestrian.
THE CHAIRMAN CALLED THE QUESTION and the motion
carried unanimously. (Authorized staff to issue purchase orders
to FDSI and Kimley-Horn to proceed with traffic signalization
plans preparation. Funding as set out in the recommendation in
the memorandum.)
11.G.3. RESOLUTION NO. 2003-049 - DESIGNATING 77TH WAY
(AVENUE 5) RIGHT-O&WAY LYING SOUTH OF ROSELAND ROAD
AS A "LIMITED USE RIGHT-OF-WAY"
April 15, 2003
24
,..•int a ��} ..
AVENUE; IST ST. SW AND 27TH AVENUE: 5TH ST. SW AND 43RD
AVENUE: IST ST. SW AND 43RD AVENUE: SR 60 AND 58TH
AVENUE: 53RD ST AND INDIAN RIVER BOULEVARD; BAHIA MAR
ROAD AND SR AIA - FDSI (FLORIDA DATABASE SYSTEMS, INC.)
AND KIMLEY-HORN & ASSOCIATES, INC.
MOTION WAS MADE by Commissioner Neuberger,
SECONDED by Commissioner Lowther, to approve staff s
recommendation. (Alternative No. 1)
Vice Chairman Ginn inquired about the pedestrian crosswalk at Bahia Mar and its
close proximity to another one (Jaycee Park on AIA), and County Traffic Engineer Chris
Mora, P.E., specified that is an on -demand pedestrian crosswalk which will flash and is
activated by a pedestrian.
THE CHAIRMAN CALLED THE QUESTION and the motion
carried unanimously. (Authorized staff to issue purchase orders
to FDSI and Kimley-Horn to proceed with traffic signalization
plans preparation. Funding as set out in the recommendation in
the memorandum.)
11.G.3. RESOLUTION NO. 2003-049 - DESIGNATING 77TH WAY
(AVENUE 5) RIGHT-O&WAY LYING SOUTH OF ROSELAND ROAD
AS A "LIMITED USE RIGHT-OF-WAY"
April 15, 2003
24
,..•int a ��} ..
12.A.
ON MOTION by Vice Chairman Ginn, SECONDED BY
Commissioner Adams, the Board unanimously adopted
Resolution No. 2003-049 providing for 77" Way (Avenue 5)
from Roseland Road to 354 feet, more or less, south of
Roseland Road to be designated as a limited use right-of-way;
said right-of-way lying in the unincorporated area of Indian
River County, Florida.
COUNTY ATTORNEY - COMMITTEE PROCEDURES
County Attorney Collins reviewed his memorandum and recounted that at last week's
meeting (April 8, 2003) there was discussion on procedures for committees due to the
adoption of Ordinance No. 2003-010 concerning the Commissioners' roles on committees.
He reported that he had met with the Public Library Advisory Board on April 9`" and issues
were raised about committee reports and term limitations. He incorporated additional
language on those issues in his memorandum. He read his resulting eight proposals and
explained how he reached each of them. The eight points set out in the memorandum are
entitled: term of office, term limits, meeting frequency, calling a meeting, agenda, staff
contact, member input, and member reports.
Attorney Collins requested the Board's permission to forward this memorandum to
all the committees and boards. If the committees experience procedural difficulties in
working under the new system, he suggested they contact their liaison -Commissioner to
bring those issues to be addressed by the full Board of County Commissioners.
April 15, 2003
25
UA j (j
12.A.
ON MOTION by Vice Chairman Ginn, SECONDED BY
Commissioner Adams, the Board unanimously adopted
Resolution No. 2003-049 providing for 77" Way (Avenue 5)
from Roseland Road to 354 feet, more or less, south of
Roseland Road to be designated as a limited use right-of-way;
said right-of-way lying in the unincorporated area of Indian
River County, Florida.
COUNTY ATTORNEY - COMMITTEE PROCEDURES
County Attorney Collins reviewed his memorandum and recounted that at last week's
meeting (April 8, 2003) there was discussion on procedures for committees due to the
adoption of Ordinance No. 2003-010 concerning the Commissioners' roles on committees.
He reported that he had met with the Public Library Advisory Board on April 9`" and issues
were raised about committee reports and term limitations. He incorporated additional
language on those issues in his memorandum. He read his resulting eight proposals and
explained how he reached each of them. The eight points set out in the memorandum are
entitled: term of office, term limits, meeting frequency, calling a meeting, agenda, staff
contact, member input, and member reports.
Attorney Collins requested the Board's permission to forward this memorandum to
all the committees and boards. If the committees experience procedural difficulties in
working under the new system, he suggested they contact their liaison -Commissioner to
bring those issues to be addressed by the full Board of County Commissioners.
April 15, 2003
25
UA j (j
Chairman Macht thought Attorney Collins had summed it up well.
Vice Chairman Ginn was concerned about individual committee members going out,
on their own, and speaking with outside companies or consultants without the committee's
direction that they do so.
Chairman Macht suggested prohibitive language be included so a committee member
does not speak with outside companies or consultants without the committee's authority.
Commissioner Lowther interjected that it does no good for one member because the
decision would have to come back through the Board. He thought this point too deep.
Chairman Macht recounted the constant reminders given to Land Acquisition
Advisory Committee members, including the County Commissioner -member, to not go
outside the committee to negotiate. Negotiations are to be handled strictly by staff.
Attorney Collins had an understanding of what the Commissioners wished and
incorporated that language into a new memorandum dated April 21, 2003. (Clerk's Note:
The new memorandum has been placed on file with the backup in the office of the Clerk to
the Board and a copy has been attached to Ordinance No. 2003-010.)
ON MOTION by Vice Chairman Ginn, SECONDED BY
Commissioner Adams, the Board unanimously adopted
procedures as submitted in the memorandum and as will be
amended by Attorney Collins subsequent to this meeting.
14.A. EMERGENCY SERVICES DISTRICT
None.
April 15, 2003
26
ry 9 r . 4 J • �.
Chairman Macht thought Attorney Collins had summed it up well.
Vice Chairman Ginn was concerned about individual committee members going out,
on their own, and speaking with outside companies or consultants without the committee's
direction that they do so.
Chairman Macht suggested prohibitive language be included so a committee member
does not speak with outside companies or consultants without the committee's authority.
Commissioner Lowther interjected that it does no good for one member because the
decision would have to come back through the Board. He thought this point too deep.
Chairman Macht recounted the constant reminders given to Land Acquisition
Advisory Committee members, including the County Commissioner -member, to not go
outside the committee to negotiate. Negotiations are to be handled strictly by staff.
Attorney Collins had an understanding of what the Commissioners wished and
incorporated that language into a new memorandum dated April 21, 2003. (Clerk's Note:
The new memorandum has been placed on file with the backup in the office of the Clerk to
the Board and a copy has been attached to Ordinance No. 2003-010.)
ON MOTION by Vice Chairman Ginn, SECONDED BY
Commissioner Adams, the Board unanimously adopted
procedures as submitted in the memorandum and as will be
amended by Attorney Collins subsequent to this meeting.
14.A. EMERGENCY SERVICES DISTRICT
None.
April 15, 2003
26
ry 9 r . 4 J • �.
14.B.
None.
14.C.
None.
SOLID WASTE DISPOSAL DISTRICT
ENVIRONMENTAL CONTROL BOARD
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, upon motion duly made and seconded, the Chairman
adjourned the meeting at 11:17 am.
ATTEST:
Jeffrey K. Barton, Clerk
Minutes approved MAY 0 6 2003
April 15, 2003
R. Macht, Chairman
27
o i'P
14.B.
None.
14.C.
None.
SOLID WASTE DISPOSAL DISTRICT
ENVIRONMENTAL CONTROL BOARD
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, upon motion duly made and seconded, the Chairman
adjourned the meeting at 11:17 am.
ATTEST:
Jeffrey K. Barton, Clerk
Minutes approved MAY 0 6 2003
April 15, 2003
R. Macht, Chairman
27
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