HomeMy WebLinkAbout4/13/1993MINUTEIMATTACHEIJM
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVED COUNTY, FLORIDA - -
A G E N D A
REGULAR MEETING
TUESDAY, APRIL 13, 1993
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA -
COUNTY COMMISSIONERS
Richard N. Bird, Chairman (Dist. 5)
John W. Tippin, Vice Chairman (Dist. 4)
Fran B. Adams ( Dist. 1)
Carolyn K. Eggert ( Dist. 2 )
Kenneth R. Macht ( Dist. 3)
9:00 A. M.
1. CALL TO ORDER
2. INVOCATION - None
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
3. PLEDGE OF ALLEGIANCE - Comm. Kenneth R. Macht
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Item 11.E. Sale of Utilities Bonds
Item 11.H. Response of the Utility Services Department to Eric
John's Comments on April 6, 1993
Item 13.B. Replacement of Polly Crowell on Gulfstream Areawide
Council
S. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
A. Regular Meeting of February 23, 1993
B. Regular Meeting of March 2, 1993
7. CONSENT AGENDA
A. Received and placed on file in Office of Clerk
to the Board:
I.R.C. Comprehensive Annual Financial Report
for Fiscal Year Ended September 30, 1992
B. Proclamation Designating April 18 thru 24, 1993
as National Library Week in I.R.C., Fla
C. Grant Harbor's Request for Final Plat Approval
for St. David's Island Phase III, Grand Harbor
Plat 11
( memorandum dated April 5, 1993 )
D. Agreement - I.R.C. and William N. and Rosemarie
Livings - Temporary Water Service
( memorandum dated April 1, 1993 )
BOOK 89 P;f.
APR 13190
BOOK 89 FA;F 9.
7. CONSENT AGENDA (cont'd. ):
E. Request for Public Hearing Date to Adopt an
_ Ordinance Amending Section 302.04 of the Code
to Provide for Animal Renewal to Coincide With
Vaccination Requirements
( memorandum dated March 31, 1993 )
F. Request for Public Hearing Date to Adopt an
Ordinance Limiting the Participation of the
County Commissioners on Advisory Boards and
Commissions
( memorandum dated March 31, 1993 )
G. Release of Utility Liens
(memorandum dated April 5, 1993)
H. Release of Utility Liens
( memorandum dated March 25, 1993 )
I. Cancelling Taxes on County Property Acquisition
( memorandum dated April 6, 1993 )
J. Cancellation of Outstanding Taxes
Property Purchased for County Use
(memorandum dated April 5, 1993)
K. Request for Approval and Signature on Section 8
Annual Contributions Contract A3409V
( memorandum dated April 2, 1993 )
L. Occupational Licenses Collected - March, 1993
(memorandum dated April 7, 1993)
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
Jeffrey K. Barton, Clerk of Circuit Court
Presentation of the Comprehensive Annual Financial
Report (CAFR) for Fiscal Year 1992
(memorandum dated April 6, 1993)
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
Request by Libby Harrow of IRC Bike Path
Commission to Present Petitions
( memorandum dated April 6, 1993 )
B. PUBLIC HEARINGS
Michael Joseph Skiscim and Donald G. Paddock
Request to Rezone Approximately 4 Acres From
A-1 to RM -6
( memorandum dated March 31, 1993 )
10. COUNTY ADMINISTRATOR'S MATTERS
Meeting with Vero Beach City Council
(memorandum dated April 7, 1993)
11. DEPARTMENTAL MATTERS:
A. COMMUNITY DEVELOPMENT
- -- Use of Wetland Mitigation Bank Funds
for Environmental Learning Center Wetland
( memorandum dated April 6, 1993 )
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
Indian River County Judicial Complex Project
Closed Circuit Video/Voice Transmission System
( Memorandum dated March 31, 1993 )
(postponed from Meeting of 4/6/93)
D. LEISURE SERVICES -
None
E. OFFICE OF MANAGEMENT AND BUDGET
None -
F. PERSONNEL
None
G. PUBLIC WORKS
1.
Indian River Boulevard Phase IV - Tree
Relocation
(memorandum dated April 7, 1993)
2.
Request from City of Sebastian for Joint
Funding of Gibson St. - Between Main St. and
North City Limit Line
(memorandum dated April 6, 1993)
3.
Continuance of Dec. 8, 1992 Public Hearing
to Consider Approval of an Ordinance of
I.R.C. Creating the Whispering Pines
Street Lighting District
(memorandum dated April 2, 1993)
4.
Purchase Authorization; Oslo Road R -O -W
Acquisition, Houdyshell Parcel #118
( memorandum dated April 6, 1993 )
S.
I.R. Blvd. Marginal Access Road; Paul and
Denise Minotty, R -O -W Parcel Acquisition
( memorandum dated April 2, 1993 )
6.
Barber Street, City of Sebastian, John and
Dorothy Hindelang R -O -W Parcel
( memorandum dated April 5, 1993 )
H. UTILITIES
None
12. COUNTY ATTORNEY
None
APIA 131993 BOOK 89 c"uF?P�
rAPR 13 1993 Boa 89 PAGE 2937
13. COMMISSIONERS ITEMS
A, CHAIRMAN RICHARD N. BIRD
B. VICE CHAIRMAN JOHN W. TIPPIN -
C. COMMISSIONER FRAN B. ADAMS
D. COMMISSIONER CAROLYN K. EGGERT
E. COMMISSIONER KENNETH R. MACHT
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
1. Approval of Minutes - Meeting of 1/26/93
2. Approval of Minutes - Meeting of 2/2/93
3. Final Payment Approval - Flinn Construction
Inc., For Addition to Emergency Services
Station No. 1
( memorandum dated April 1, 1993 )
B. SOLID WASTE DISPOSAL DISTRICT -
None
15. ADJOURNMENT
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 X 408 AT LEAST 48 HOURS IN ADVANCE OF
MEETING. - —
Tuesday, April 13, 1993
The Board of County Commissioners of Indian River County,
Florida met in Regular Session at the County Commission Chambers,
1840 25th Street, Vero Beach, Florida, on Tuesday, April 13, 1993,
at 9:00 A. M. Present were John W. Tippin, Vice Chairman; Fran B.
Adams; Carolyn K. Eggert; and Kenneth R. Macht. Temporarily absent
was Chairman Richard N. Bird, who was counting votes in the office
of the Supervisor of Elections in his capacity as a member of the
Canvassing Board. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and Patricia
Held, Deputy Clerk.
Vice Chairman Tippin called the meeting to order.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Administrator Chandler requested the addition of Item 11.E.,
Sale of Utilities Bonds, and Item 11.H., Response of the Utility
Services Department to Eric John's Comments on April 6, 1993.
Commissioner Tippin requested the addition of Item 13.B.,
replacement of Polly Crowell on Gulfstream Areawide Council.
Ak
ON MOTION by Commissioner Adams, SECONDED by
Commissioner' Eggert, the Board unanimously (4-0,
Chairman Bird being temporarily absent), added the
above items to the Agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of February 23, 1993. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being temporarily absent), approved
the Minutes of the Regular Meeting of February 23,
1993 as written.
APR 13 19193 500K
I
APR 13 1993
BOOK 09 Ft1uE 2�
5
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of March 2, 1993. There were
none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being temporarily absent), approved
the Minutes of the Regular Meeting of March 2, 1993
as written.
Chairman Bird joined the meeting, took the gavel, .and
continued with the next item.
CONSENT AGENDA
Commissioner Macht requested the removal of Item F from the
Consent Agenda for discussion.
A. Reports
The following was received and placed on file in the office of
Clerk to the Board:
Indian River County Comprehensive Annual Financial Report
for Fiscal Year Ended September 30, 1992
B. Proclamation Designating April 18 through 24 1993 as National
Library Week in Indian River County Florida
Chairman Bird read aloud the following Proclamation:
2
-PROCLAMATION
DESIGNATING APRIL 18 THROUGH 24, 1993 AS
NATIONAL LIBRARY WEER.
IN INDIAN RIVER COUNTY, FLORIDA
WHEREAS, America's libraries help millions of people each
day to learn and grow, to prosper and achieve their goals; and
WHEREAS, libraries empower people of all ages- and
backgrounds to lead better lives; and
WHEREAS, libraries and library supporters across America are
celebrating National Library Week, April 18 through 24, 1993,
with the theme "Libraries Change Lives":
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSION OF INDIAN RIVER COUNTY, FLORIDA that April 18-24, 1993
be designated as
NATIONAL LIBRARY WEER
in Indian River County, and all residents are encouraged to use
their library for the purpose of improving their lives.
Adopted this 13th day of April, 1993.
BOARD OF COUNTY COMMISSION
INDIAN RIVER COUNTY, FLORIDA
Richard N. Bird, Chairman
C. Grand Harbor's Reauest for Final Plat Approval for St David's
Island Phase III. Grand Harbor Plat 11
The Board reviewed memo from Current Development Senior
Planner John W. McCoy dated April 5, 1993:
3
APR 13 1993�ooK $9 �a
APR 13190
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
i
Robert M. Reat q,
Community Developme WDirector
THROUGH: Stan Boling, AICP
Planning Director
FROM: John W. McCoy, AICPAen%t
k
Senior Planner, Cur Development
DATE: April 51 1993
BOOK 89 NCE 2.97
SUBJECT: Grand Harbor's Request for Final Plat Approval for St.
David's Island Phase III, Grand Harbor Plat 11
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of April 13, 1993.
DESCRIPTION AND CONDITIONS:
St. David's Island Phase III is a plat of a 3.75 acre parcel of
land located at the west end of St. David's Island. St. David's
Island is located in the center of the overall Grand Harbor
development. The final plat will create 18 single family lots at
a net density of 4.8 units per acre.
On January 12, 1989.1the Planning and Zoning Commission granted
preliminary PRD approval to construct 90 townhouse units within St.
David's Island. Subsequently, 55 townhouse units were built in
Phase I and II of St. David's Island. On June 12, 1992jthedeveloper received approval to modify the PRD plans for Phase III
to construct 18 single family units. The net result of the
approved plan modification reduced the overall number of units in
St. David's Island from 90 to 73 units. The developer, GHA Harbor
Ltd., through its agent Masteller and Moler, Inc. is now requesting
final plat approval for Phase III of St. David's Island, and has
submitted the following:
1. A plat in conformance with the approved, modified preliminary
PRD plans; and
2. A certificate
improvements.
ANALYSIS:
of completion for all required subdivision
The required subdivision improvements have been completed by the
developer, and a certificate of completion has been issued by the
Public Works Department. A warranty and maintenance agreement and
bond are not required, since the only publicly dedicated
improvements are utilities which have been warranted separately.
The developer has complied with the appropriate requirements to
obtain final plat approval.
2
RECOMMENDATION:
Staff.recommendsthat the Board of County Commissioners grant final
plat approval for St. David's Island Phase III.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously granted
final plat approval for St. David's Island Phase
III, Grand Harbor Plat 11, as recommended by staff.
D. Agreement with William N. and Rosemarie Livings for Temporary
Water Service
The Board reviewed memo from Utility Services Director Terry
Pinto dated April 1, 1993:
DATE:
APRIL 1, 1993
TO:
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM:
TERRANCE G. PINTO
2VICES
DIRECTOR OF UTILI
SUBJECT:
AGREEMENT
INDIAN RIVER COUNTY AND WILLIAM N. AND ROSEMARIE
LIVINGS
TEMPORARY WATER SERVICE
PREPARED AND
JAMES D. CHAS
AND
MANAGER OF SES PROJECTS
STAFFED BY:
DEPARTMENT OF ILITY SERVICES
William N. and Rosemarie Livings have requested that temporary
service be installed from the water line on 43rd Avenue to service
their property at 4384 2nd Square, SW, Vero Beach, Florida 32968,
prior to the installation of a water main on 2nd Square, SW, in
Forest Lake.
ANALYSIS
The Agreement states that the Indian River County Department of
Utility Services (IRCDUS) shall provide temporary water service to
Mr. and Mrs. Livings until such time that a water line is
constructed on 2nd Square, SW, in Forest Lake by assessment. They
agree to pay all fees required to make this connection. They
further agree to participate in the assessment and to reconnect to
this water line as required by IRCDUS.
RECOMMENDATION
The Department of Utility Services recommends that the Board of
County Commissioners approve the attached Agreement with William N.
and Rosemarie Livings on the Consent Agenda.
5
APR 13 1993 BOOK 89 PA'F 2.98
r
APP 13 199aooK
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the Agreement for Expedited Temporary Water Service
with William N. and Rosemarie Livings, as
recommended by staff.
89 Fa.cF299
SAID AGREEMENT
IS RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
E. Request for Public Hearing Date to Consider an Ordinance
Amending Section 302.04 of the Code to Provide for Animal License
Renewal to Coincide with Vaccination Requirements
The Board reviewed memo from Emergency Services Director Doug
Wright dated March 31, 1993: r
TO: Board of Coty Commissioners
FROM: Doug Wrigh , Director, Emergency Services
- DATE: March 31, 1993
SUBJECT: PROPOSED ORDINANCE ENTITLED:
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA
AMENDING SECTION 302.04 OF THE CODE TO PROVIDE FOR
ANIMAL RENEWAL TO COINCIDE WITH VACCINATION
REQUIREMENTS.
The attached ordinance has been prepared amending Section 302.04 to
provide for orderly administration by having the license period run
concurrently with the vaccination period.
A public hearing date of May 11, 1993 is suggested.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously scheduled
a public hearing on May 11, 1993 to consider an
ordinance amending section 302.04 of the Code to
provide for animal license renewal to coincide with
vaccination requirements, as recommended by staff.
F. Request for Public Hearing Date to Consider an Ordinance
Limiting the Participation of the County Commissioners on Advisory
Boards and Commissions
The Board reviewed memo from Commissioner Macht-dated -!arch
31, 1993:
6
TO: Board of County Commissioners
FROM: Commissioner Kenneth R. Macht X11-\
DATE: March 31, 1993
SUBJECT: PROPOSED ORDINANCE ENTITLED:
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
LIMITING THE PARTICIPATION OF THE COUNTY
COMMISSIONERS ON ADVISORY BOARDS AND COMMISSIONS.
A public hearing date of May 11, 1993 is requested for the attached
proposed ordinance which would limit the participation of County
Commissioners on advisory board and commissions.
Under discussion, Commissioner Macht clarified that this would
not apply to boards or committees of federal or state mandated
programs.
Commissioner Adams asked what brought about the need for the
proposed ordinance.
Commissioner Macht stated that the function of a Commissioner
as chairman of an advisory board or committee should be leadership,
and he or she should abstain from voting, because an aggressive
Commissioner could impose his directions on a committee. An
advisory board is created to receive input from groups and
individual citizens and to provide advice based on that input to
the Commission. The advisory board should be as independent as
possible.
Commissioner Adams disagreed and thought that advisory boards
and committees were to be led by a particular Commissioner who
would make recommendations to the Commission. She felt that it
would be a waste of time to be nothing more than a facilitator.
Chairman Bird felt that if a Commissioner who is chairman of
a board or committee feels strongly about an item, he could
influence or intimidate that group with or without a vote. For
that reason he had mixed feelings about whether Commissioners
should be on advisory boards or committees at all.
Commissioner Macht thought Chairman Bird's argument was a good
reason for the chairman to abstain from voting.
Commissioner Tippin felt that if a Commissioner becomes
overbearing, the voters will take care of that in due time.
Chairman Bird proposed that in the future if a Commissioner
feels the need for a particular ordinance, it should be brought to
7
APR 131993 BOOK 89 i}uE300
I
APP J 31993
BOOK 89 Pty;E 99'
the Board for discussion rather than taking the time of legal staff
to prepare an ordinance that may or may not be adopted.
Commissioner Eggert agreed that there should be an interim
step for discussion with the Board and it should be placed on the
agenda as a Commissioner's item.
Commissioner Macht related that some government bodies have
first readings of ordinances which are then discussed, revised or
modified and advanced to another meeting, or rejected. He stressed
that the public should be given the opportunity to comment.
Commissioner Adams agreed that the public should have the
opportunity to have their say and that a public discussion would be
appropriate.
Commissioner Tippin admitted he is a new member of the Board
but would not go to staff independently to draw up an ordinance on
an idea he had without first discussing it with the other
Commissioners.
Commissioner Macht contended that all the arguments reinforce
his position that the public should be included in the discussion.
Chairman Bird thought that since the ordinance has been
prepared, he would be in favor of the public hearing, but as a
matter of policy and as has been done in the past there should be
discussion among the Commissioners to get a consensus before
directing staff to draw up an ordinance.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously scheduled
a public hearing on May 11, 1993 to consider an
ordinance limiting the participation of the County
Commissioners on advisory boards and commissions.
G. Release of Utility Liens
The Board reviewed memo from Lea R. Keller, CIA, dated April
5, 1993:
8
TOs - �BQOAAR�D OFF COUNTY COMISSIONERS
-`7'"_ l .
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: April 5, 1993
RE: RELEASE OF UTILITY LIRAS
The attached lien releases are in proper form for the Board of County
Commissioners to authorize the Chairman to sign so that they can be
recorded. The names and projects ares
1. Rockridge Sewer Project:
TIBBETT
SNIFFEN
GROSKLOSS
2. Satisfactions of Impact Fee Extensions:
GREEN
FERRARA
WILEY
GRANDY
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the releases and satisfactions of liens as listed in
staff's memorandum.
H. Release of Utility Liens
The Board reviewed memo from Lea R. Keller, CLA,- dated March
25, 1993:
E
APR 13 19 BOOK o9 PAGE 302
r Bou 89 PAGE 303
APR 131993
TO: BOARD OF COUNTY COMMISSIONERS
4uu �,?- 'Y�
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: March 25, 1993
RE: RELEASE OF UTILITY LIENS
The attached lien releases are in proper form for the Board of County
Commissioners to authorize the Chairman to sign so that they can be
recorded. The names and projects are:
1.
Anita Park Water Project:
RAJANIEMI
2.
Courtside Water Project:f
ALLAN
3.
Meadows Water*Project:
COBB
HUGHES
HICKINBOTHAM
TOOLE
MCINTOSH
4.
Phase I Water Project:
BARER
CAUDILL
DODD
ESTEVES
_
GAVORA
GOLDWIN
HAMLIN
HOLT
JOHNSON
LeBLANC
LORD
MARINI
MCINTYRE
MILLER
KILLER
PARSONS
PATSON
RENNINGER
SHANK
SMITH
SMOYER
TROUTMAN
VOYLES
WARD
WILSON
WOOS
S.
Phase II Water Project:
CRAIG
DEGRAY
FRASIER
NELSON
STONOM
6.
Seminole Shores Water Project:
SNYDER (2)
7. Map #40, State Road 60 Sewer Project:
HERON CAr (406 Morristown Cay)
8. 12th Street Water Project:
STEGKEMPER
9. North County Sewer Projects SOLARI
10
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the releases of utility liens as listed in staff's
memorandum.
I. Cancelling Taxes on County Property Acquisition
The Board reviewed memo from Assistant County Attorney Terry
O'Brien dated April 6, 1993:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien, Assistant County Attorney
fo
DATE: April 6, 1993
RE: CANCELLING TAXES ON COUNTY PROPERTY ACQUISITION
The County has recently acquired two parcels of land for future
courthouse use, and pursuant to Section 196.28, Florida Statutes, the
Board of County Commissioners is allowed to cancel and discharge any
taxes owed on the property acquired. Such cancellation must be done
by resolution of the Board with a certified copy being forwarded to the
Tax Collector.
REQUESTED ACTION: Request Board authorize Chairman_ to sign and
then forward to the Tax Collector a certified copy of the attached
resolution cancelling the taxes due upon the parcels the County
recently acquired.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously adopted
Resolution 93-76, cancelling certain taxes upon
publicly -owned lands,,as recommended by staff.
11
L:APR 131993 BOOK 89 f'A4j. 304i
r APR 13 19
BOOK 89 PA F.305 -7
Re: Courthouse Acquisition 4/6/93(149ga1)3RESO/O1b
Parcel #02-33-39-00001-0440-00008.0 & 9.0
SIDNEY J. BANACK, JR.
RESOLUTION NO. 93- 76
A RESOLUTION OF - INDIAN RIVER COUNTY,
FLORIDA, CANCELLING CERTAIN TAXES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION
196.28, FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for public use; and
WHEREAS, such cancellation *must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
Hens for taxes, delinquent or current, against the property described in
O.R. Book 966, Page 056, which was recently acquired by Indian River
County in connection with the the courthouse project, are hereby cancelled,
pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Eggert ,
and the motion was seconded by Commissioner li pp ' n , and, upon being
put to a vote, the vote was as follows:
'Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 13 day of
April
, 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
12 ichard N . Bird
Chairman
J. Cancellation of outstanding Taxes on Property Purchased for
County Use
The Board reviewed memo from Lea R. Keller, CLA, dated April
5, 1993:
TO: BOARD OF COUNTY
4`C,-' e . 44aLA,_
FROM: Lea R. Keller, CLO, County Attorney's Office
DATE: April 5, 1993
RE: CANCELLATION OF OUTSTANDING TAPES
PROPERTY PURCHASED FOR COUNTY USE
The County has recently acquired some right-of-way, and, pursuant to
Section 196.28, Florida Statutes, the Board of County Commissioners is
allowed to cancel and discharge any taxes owed on the portion of the
property acquired for public purposes. Such cancellation must be done
by resolution of the Board with a certified copy being forwarded to the
Tax Collector.
REQUESTED ACTION: Board authorize the Chairman to sign the
attached resolutions cancelling taxes upon lands the County recently
acquired.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously adopted
Resolution 93-77, Resolution 93-78, and Resolution
93-79, cancelling certain delinquent taxes upon
publicly -owned lands, as recommended by staff.
13
L_ APR 13 1993 Boa 89 PAUE,306
APR 13 1993
BOOK 89 PAGE 39
4/8/93(lc��al)RESO/Vlc 7Z
Re: Walker Avenue (26th Street west of 66 Avenue)
RESOLUTION NO. 93- 77
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, CANCELLING CERTAIN DELINQUENT
TAXES UPON PUBLICLY -OWNED LANDS, PUR-
SUANT TO SECTION 196.28, FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter. conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper.
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxesr, delinquent or current, against the property described in
O.R. Book 967, Page 2143, which was recently acquired by Indian River
County for right of way purposes on Walker Avenue ( 26th Street west of
66th Avenue), are hereby cancelled, pursuant to the authority of section
196.28, F.S.
The resolution was moved for adoption by Commissioner Eggert ,
and the motion was seconded by Commissioner Ti pgi n , and, upon being
put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 13 day of April , 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER _COUNTY, FLORIDA
By
14 Richard N. Bird
Chairman
Re: 129th Court
4/5/93CIegg1)3RESO/Vlc. 71
RESOLUTION NO. 93- 78
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, CANCELLING CERTAIN DELINQUENT
TAXES UPON PUBLICLY -OWNED LANDS, PUR-
SUANT TO SECTION 196.289 FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F . S . ;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxes, delinquent or current, against the property described in
O.R. Book 967, Page 557, which was. recently acquired by Indian River
County for right of way purposes on 129th Court, are hereby cancelled,
pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Fggert ,
and the motion was seconded by Commissioner Ti gyp' n , and, upon being
put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert . Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 13 day of April , 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
15
Richard N. Bird
Chairman +
BOOK 89 .F� 3,08
J
BOOK 89 FAcE 909
APR 13 1993
Re: Roseland Water Tower
4/9/93(1®gal)RE30/Vk.73
RESOLUTION NO. 93- 79
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, CANCELLING CERTAIN DELINQUENT
TAXES UPON PUBLICLY -OWNED LANDS, PUR-
SUANT TO SECTION 196.28, FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S. ;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxes, delinquent or current, against the property described in
O.R. Book 967, Page 2139, which was recently acquired by Indian River
County for a water storage tank site off Roseland Road, are hereby
cancelled, pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Eggert ,
and the motion was seconded by Commissioner Ti ppi n , and, upon being
put to a vote,' the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert . Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 13 day of Apri 1 , 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
ft'chard N. Bird - —
Chairman ► -
16
K. Request for Approval and Signature on Section 8 Annual -
Contributions Contract A3409V
The Board reviewed memo from I.R.C. Housing Authority Director
Guy Decker dated April 2, 1993:
TO: The Honorable Melubers of the DATE: April 2, 1993 'FILE:
Board of County Q=Wssionere
7HROUGf: Janes E. Chandler
County ] dmdnis" al rr
SUBJECT: Request far approval and signait,rie
on section 8 Annual
Contract A3409V (Voucher Pmgrm).
FROM: Guy L. Deer, Jr. '. REFERENCES:
arrive Director
MR=
It is zeaoomended that the data presented be given faroal iderat3m
by the County Commission. _
The Dement of Housing and Urban Developnent has forwarded five (5)
copies of the Annual Contributions Contract (AOC) which has been amended
to reflect the replacement of Varner Project 005 with a new project
mmber 009. -
The documentation required by HUD for their final approval and execution,
of the contracts is submitted for oOnsideration and approval of the
Board of County
(1)
Five (5) Copies of ALX: Part I amber A3409V of the
Annual Contract for Housing Vbwhw
Program. Original -signatures are required an all
copies of the Contract and no change in its format is
permitted.
We respectfully request the County Com d ssi on to authorize its Chair-
man to emacute these Contracts for transamttal• to the Jacksonville
Office of H[ID.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously
authorized the Chairman to execute ACC Part I Number
A3409W of the Annual Contributions Contract for
Housing Voucher Program, as recommended by staff.
PARTIALLY EXECUTED COPY OF CONTRACT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
17
uPl� 1993Boa 89 ora 31
APR 13 1993 BOOK
L. Occupational Licenses Collected - March 1993
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously accepted
the following report from- Tax Collector Karl
Zimmermann summarizing Occupational License Taxes
collected during the month of March, 1993.
MOMMMUM
TO: Board of County Commissioners
FROM: Karl Zimmermann, Tax Collecto
SUBJECT: Occupational Licenses R3JUj _
DATE: April 7, 1993
Pursuant to Indian River County Ordinance No. 86-59, please be
informed that $6,610.90 was collected in occupational license taxes
during the month of March, representing the issuance of 266 licenses.
89 f�tiPF. �l-1
PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
FOR FISCAL YEAR 1992
Clerk of the Circuit Court Jeffrey K. Barton made the
following presentation:
TO: Richard N. Bird, Chairman, -
Board of County Commissioners
DATE: April 6, 1993
SUBJECT: Presentation of the Comprehensive Annual Financial
Report (CAFR) for Fiscal Year 1992
FROM: Jeffrey K. Barton, Clerk of Circuit Cour,*--") V
Respectfully request a few minutes on the agenda for April 13,
1993 to present the FY 199e CAFR. The FY 199e CAFR includes
finanical operations for the period October 1, 1991 to September
30, 199e and the financial status as of September 30, 199e.
Christine Hill, the Engagement Partner for Coopers & Lybrand,
will provide an overview and relevant highlights from their
recently completed audit of the Indian River County and
Constitutional Officers' financial records.
Christine and I will respond to any questions the Commissioners,
Constitutional Officers, staff or public may have concerning the
FY 1992 CAFR. Copies of the FY 1992 CAFR were distributed to
each commissioner, the constitutional officers, key county staff,
the public libraries, and the Press Journal earlier this month.-
18
onth.
18
Christine Hill, engagement partner for Coopers & Lybrand,
stated that the Comprehensive Annual Financial Report is used by
staff throughout the year. It is divided into several sections and
she went through each section and briefly stated what was included
in that section. The report is preceded by a transmittal letter
written by county management which is intended to be an overview of
principal events and transactions throughout the year, as well as
some forward-looking information. The auditors reviewed the
transmittal letter to be sure it is consistent with the audit
financial statements that are part of the report. The auditors'
opinion is a "clean opinion" which means it is unqualified and
there are no exceptions to the County's application of accounting
principles under generally accepted accounting principles, and the
audit was conducted in accordance with generally accepted auditing
standards. Ms. Hill pointed out that a number of important areas
are addressed in the footnotes in the financial statements which
give background on activities in which the County is involved.
Commissioner Macht observed that the report is revealing and
interesting. He asked about money spent in the judicial system for
expert and special witnesses and for defense attorneys.
Clerk of the Circuit Court Jeffrey K. Barton explained that
those costs are reported separately. The reports must be certified
and submitted to the State for reimbursement. We do not receive
100 percent return but we do get some of the money back. Mr.
Barton advised that those reports are available, and Commissioner
Macht stated that he would like to see them.
Commissioner Macht asked, and Mr. Barton explained that fines
collected by the Clerk's office are remitted to the general fund.
Administrator Chandler further explained that fines and forfeitures
are tracked in detail in the budget both on the revenue and on the
expense sides.
County Attorney Vitunac asked how our county compares with
other counties throughout Florida.
Ms. Hill reported that Indian River County is consistent with
other counties and is facing a lot of the same issues, such as
landfill closure and bond issues. She conveyed that there is a
very good working relationship among the various departments of the
County. Ms. Hill offered to meet individually with any Board
member to review specific areas of the report.
19
APR 13199) BOOK 89
BOOK 89 FA -Ur. 313 -1
APR 13 1991
PUBLIC DISCUSSION - REQUEST BY LIBBY HARROW OF INDIAN RIVER BIKE
PATH COMMISSION TO PRESENT PETITIONS
The Board reviewed a letter from Libby Harrow, representative
of the I.R.C. Bike Path Commission, dated April 6, 1993:
4/6/93
County Administrator
1840 25th st.
Vero Leach F1. 32960
Dear Sir:
At the Tuesday 4/13/93 County Commission meeting, I would like to
present the petitions I have circulated advocating that the funds
earmarked by the 1991 Intermodal Surface Transportation Efficiency Act
(ISTEA) be used for bike lanes, bike paths, and "Share the Road Signs"
in Indian River County.
As a member of the Indian River County Bike Path Commission I would
like to attend a workshop in Winter Park, F1. on April 30 and May 19
1993 which instructs communities in the application process for ISTEA
funds. I would like to ask the county for help in defraying the cost
of registration and travel expenses. Enclosed is a brochure
describing the workshop.
Thank you.
Sincerely,
Libby Harrow
I.R.C. Bike Path Commission
Ms. Harrow presented a petition with 250 names. The petition
reads as follows: "We the undersigned would like 10% of the
Surface Transportation funds as stated in the Intermodel Surface
Transportation Efficiency Act of 1991 (ISTEA) to be used for bike
lanes, signs alerting motorists that bikes are sharing the roadway,
and bike paths in Vero Beach and Indian River County."
Ms. Harrow explained that she estimated expenses to attend the
workshop in Winter Park to be $140.00.
Community Development Director Bob Keating made the following
presentation:
20
TO: Jim Chandler
County Administrator
FROM: Robert M. Keating, AICP4A4K
Community Development Director
DATE: April 12 , 1993
SUBJECT: Transportation Enhancement Projects
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of April 13, 1993.
With passage of the 1991 Intermodal Surface Transportation
Efficiency Act, federal transportation funds 'for "enhancement
activities" became available. Only recently, however, have the
rules for distribution of these funds been developed. This
information is scheduled to be presented to the MPO for
consideration at the MPO's meeting on April 14, 1993. Because an
item related to enhancement funds has beenagendaed for the Board
of County Commissioners' meeting of April 13, 1993, the following
information is provided:
Recently, FDOT released its directive for funding enhancement
projects. According to that directive, enhancement project
applications are to be submitted to or prepared by MPO 's -during the
months of April and May of 1993. These applications are then to be
submitted to FDOT and reviewed by FHWA. Subsequently, the
applications are returned to MPO's for ranking. The MPO's
prioritized list of enhancement projects is then included with the
MPO's overall transportation project priority list which must be
submitted to FDOT in September of 1993. Finally, FDOT prepares its
tentative FY 94-95 work program, incorporates those enhancement
projects which can be funded, and initiates those projects in the
94-95 fiscal year.
As established by the Intermodal Surface Transportation Efficiency
Act of 1991 (ISTEA), 10% of each state's allocated surface
transportation funds must be set aside for transportation
enhancements. These funds require a minimum 20% match (unless the
project is proposed on state or federally owned lana), and may be
used for a variety of activities, including facilities for bicycles
and pedestrians, acquisition of scenic easements and scenic or
historic sites, scenic or historic highway programs, landscaping,
historic preservation, archeological planning and research, and
others.
For the 94-95 fiscal year, FDOT district IV will receive
approximately $4.4 million in enhancement funds. In addition,
enhancement funds carried over from FY 91-92, 92-93, and 93-94
total more than $12 million, an amount that will be added to the
94-95 allocation. As of this time, FDOT has not determined how
those funds will be distributed. Distribution may be through a
districtwide competitive selection process, or it may be
accomplished through an allocation to each MPO in the district.
21
APR 13boor 89 PvuvE:314
BOOK 89 PAGE •)15
Given Indian River County's population and motor fuel tax
collection amount, the two factors used to distribute other
transportation funds, the MPO's enhancement fund allocation would
be only 3.87% of the total district funds, if the district
allocates enhancement funds by MPO and if the statutory formula
distribution method is used.
Regardless of the distribution method used, the MPO will need to
prioritize enhancement projects. As specified in the recent FDOT
directive, however, that prioritization will not have to be done
until August, with a September submittal of the priority list to
FDOT.
For any enhancement project not located on state or federal
property, a 10% local match is required. That match could be
provided by an interest group proposing a project, by another local
government, or•by the Board of County Commissioners. At present,
county staff is evaluating potential projects for submittal as
enhancement applications.
Director Keating further explained that staff is developing
applications for sidewalks and bikeways which would be consistent
with the County's sidewalk and bikeway needs and plans. The Indian
River County Bike Path Commission was given an application. There
also have been discussions at Metropolitan Planning Organization
(MPO) meetings regarding other enhancement projects, such as Jungle
Trail. One consideration is that the MPO does not have a separate
funding source so that any local government or private group which
wants to sponsor a project would have to provide matching funds or
request the County Commission to pay for the match.
Commissioner Adams led discussion regarding the actual
construction. of these projects, and Public Works Director Jim Davis
explained that the County can enter into a joint program with DOT
on construction decisions, but funding must be programmed in DOT's
5 -year work program.
Commissioner Eggert asked, and Director Keating clarified that
the matching funds would be 10 percent local and 10 percent state
for a total of 20 percent.
Discussion ensued regarding Ms. Harrow's request for funds to
defray the expense of attending the workshop.
Director Davis advised that Capital Projects Manager Terry
Thompson is scheduled to attend that workshop.
Chairman Bird stated that if staff were not going to the
workshop�he might give consideration to Ms. Harrow's request, but
under the circumstances the Board could not grant her request for
funds.
Commissioner Adams recommended that Ms. Harrow approach bike
shop owners and Chamber of Commerce members for funds.
Chairman Bird appreciated Ms. Harrow's interest and felt that
her enthusiasm and influence would go far in promoting additional
bikeways in the county.
22
PUBLIC HEARING - MICHAEL JOSEPH SKISCIM AND DONALD G. PADDOCK
REQUEST TO REZONE APPROXIMATELY 4 ACRES FROM A-1 TO RM -6
The hour of 9:05 o'clock A. M. having passed, the County
Attorney announced that this public hearing has been properly
advertised as follows:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press-Joumal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a�Z&�
in the matter
in the. o Court, was pub-
lished in said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed bf1re rp'4 this l day of ;.D. 19
(Business Manager)
(SEAL)
RM, -6 ,.
,
. • G0�l+LOj, l0, ; �--3�.�,. GOV L'O•T U
a
;P N.; -I
;
Subject -Pr9perty
tiOV LOre2� 7' ° GO ♦ ` hc.. •.
-NjD+ to RIVER SHORES '?OvN:ARt:
NOTICE — PUBUC HFAFtM -
Notice of heaft to consider the adoption of a
Monty a0netwe rez " Wd from A-1, Aea� _
W Distrlot to RM -8, MWNp F R
District. The akbim property is cured by
i :.IM el Jolseph Skisch and Donald . Paddock
operty is located at SM Wd SSW -
Jn9la subTrot. pr
north
of the town of Indian Rives
Stares and smith of the Sea oaks autaAsimr, and.
!. contains p�oxtmately a agree. The t mop
�Sa (iw�rsrtant.Lot 10 Of S��Omlen 28, TaWm
Raktge W_ -.OV and, bft in Ird" —
t' 1AA Co"h
ze= hweat which parties U Interest and .
dNan
oppatunhy to be heard, w10
be held by the Board of Conry of
I Riva Camty, Fiatda, In the C mty Cm enla
slag Chambers of the Cmmty AdrMstraft & ad -
1 Ing, located at 1840 25th Street, Vere 'Beach, Flor.
Ida on T
The Board oi�Courily9g3. at .may
adopt
t another zordng dlstrlot, otter Nen the district
re-
qmtd,general , use
ft
Anyone who may IcatIvory.' wish to app zany
which grey be made at this mestbkg�wti need d to
an -am Net a veltfatim record of the procee*W is
nmde which'Whdn teetlman, and evidence !q=
wh�i Ne appeal is based.
Anyone who reeds a special acormiodation•for
i the meoNra must contact Ne =any's • Amttrkens
` with DAct (ADA) COordinaw at 567-80M.
axtenalon . 408 At least 48 hmRe in advance 01f
amjRdianpivw
'.
��..Board Oi comsnteioner cmaBird,�Mard23,1993 } ¢
Mai
The Board reviewed memo from Long -Range Planning Staff Planner
John Wachtel dated March 31, 1993:
23
APR 13199)
BOOK 89 FADE ,16
1993 BOOK 89 PAGE 31
TO: James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE
Robert M. Keat3 g, 61CP
THRU: Sasan Rohani '54-
Chiefs
54-Chief, Long -Range Planning
FROM: John Wachtlk_�
Staff Planner, Long -Range Planning
DATE: March 31, 1993
RE: Michael Joseph Skiscim and Donald G. Paddock Request to
Rezone Approximately 4 acres from A-1 to RM -6
(RZON 93-02-0066)
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of April 13, 1993.
DESCRIPTION AND CONDITIONS
This is a request to rezone approximately 4 acres of property
located north of the town of Indian River Shores and south of the
Sea Oaks subdivision. The request involves rezoning the subject
property from A-10, Agricultural District (up to 1 unit/5 acres) to
_ RM -6, Multiple -Family Residential District (up to 6 units/acre).
The subject property consists of two legal parcels of record. The
northern parcel, owned by Donald G. Paddock, is approximately 3.5
acres in size and contains a single-family home. The southern
parcel, owned by Michael Joseph Skiscim, is approximately half an
acre.
Mr. Skiscim, who is presently in the process of building a single-
family home on his portion of the subject property, initiated this
request to take advantage of the smaller setbacks allowed by RM -6
zoning. For RM -6 zoned areas, required setbacks are 25 feet in the
front and rear, and 10 feet on the sides. In A-1 areas, required
setbacks are 30 feet in the front, rear, and sides. With the
smaller RM -6 setbacks, applicants have larger building envelopes
and more flexibility in locating structures.
Mr. Paddock agreed to include his parcel in the rezoning request to
create a larger tract which abuts property currently zoned RM -6.
On March 25, 1993, the Planning and Zoning Commission voted 7-0 to
recommend that the Board of County Commissioners approve this
request to rezone the subject property to RM -6.
Existing Land Use Pattern
The subject property is zoned A-1. Although land has been cleared
for each house, a large portion of the subject property is
uncleared. Property to the south and east of the subject property
is zoned A-1, and contains mostly groves with a small amount of
uncleared land. The property to the north is zoned RM -6 and is
uncleared. To the west of the subject property is Jungle Trail and
the Indian River Lagoon. 24
M
Future Land -Use Pattern
M
The subject property and all surrounding land is designated L-2,
Low -Density Residential, on the county future land use map. The L-
2 designation permits residential densities up to six units/acre.
Environment
The subject property fronts the Indian River Lagoon, and contains
a mangrove fringe along the shoreline west of Jungle Trail. An
existing dock projects into the lagoon from the Skiscim property
shoreline.
The Skiscim property has previously been cleared and contains
little native upland vegetation, with the exception of a few mature
oaks and landscape palms. In contrast, the Paddock property is
largely undeveloped, other than the existing house and yard area
along the riverfront. Native coastal hammock exists on the
remainder. -of the Paddock property. -
The subject property is within an "AE" 100 year floodplain, with a
minimum base flood elevation requirement of 9 feet NGVD.
Utilities and Services
The site is within the Urban Service Area of the county. At the
present time, neither water nor wastewater lines extend to the
site.
Transportation System
The only automobile access to the subject property is by Jungle
Trail from either C.R. 510 or S.R. AlA via Old Winter Beach Road.
C.R. 510 is classified as an urban principal arterial on the future
roadway thoroughfare plan map. This segment of C.R. 510 is a two-
lane paved road with approximately 100 feet of existing public road
right-of-way. S.R. AlA is also classified as an urban principal
arterial on the future roadway thoroughfare plan map. This segment
of S.R. AlA is a two-lane paved road with approximately 100 feet of
existing public road right-of-way. Currently, neither of these
roads are programmed for expansion. Jungle Trail is a two-lane,
unpaved, local road that has been designated by the county as a
historic and scenic road with special building setbacks and
vegetation protection areas along its entire length. Although the
county has a forty foot right-of-way for this segment of Jungle
Trail, the actual width of the traveled way ranges from eight feet
to sixteen feet.
ANALYSIS
In this section, an analysis of the reasonableness of the
application will be presented. The analysis will include a
description of:
• concurrency of public facilities;
• compatibility with the surrounding
• consistency with the comprehensiv
• potential impact on environmental
25
area;
e plan; and
quality.
BOOK 89 fAU E 3,18
BOOK 89 PAGE 319
APS X31993 ,
Concurrency of Public Facilities
This site is located within the county Urban Service Area, an area
deemed suited for urban scale development... The Comprehensive Plan
establishes- standards for: Transportation, Potable Water,
Wastewater, Solid Waste, Drainage and Recreation (Future Land Use
Policy 3.1). The adequate provision of these services is necessary
to ensure the continued quality of life enjoyed by the community.
The Comprehensive Plan and Land Development Regulations also
require that new development be reviewed to ensure that the minimum
acceptable standards for these services and facilities are
maintained.
Policy 3.2 of the Future Land Use Element states that no
development shall be approved unless it is consistent with the
concurrency management system component of the Capital Improvements
Element. For rezoning requests, conditional concurrency review is
required.
Conditional concurrency review examines the available capacity of
each facility with respect to a proposed project. Since rezoning
requests are not projects,-�county regulations call for the
concurrency review to be based upon the most intense use of the
subject property based upon the requested zoning district. The
site information used for the concurrency analysis is as follows:
1. Size of Property:
2. Size of Area to be Rezoned:
3. Existing Zoning Classification:
#4 acres
#4 acres
A-1, Agricultural
District (up to 1 unit/5
acres)
4. Proposed Zoning Classification: RM -6, Multiple -Family
Residential District (up
to 6 units/acre)
5. Most Intense Use of Subject
Property under Existing
Zoning Classification:
6. Most Intense Use of Subject
Property under Proposed
Zoning Classification:
- Transportation
2 units (1 unit/parcel)
24 units
A review of the traffic impacts that would result from the
development of the property indicates that the existing level of
service "D" or better on C.R. 510 would not be lowered. The site
information used for determining traffic is as follows:
Existing Zoning District
1. Residential Use Identified in 5th Edition ITE Manual: Single -
Family
2. For Single -Family Units, in ITE Manual:
a. Average Weekday Trip Enda: 9.55/unit
b. P.M. Peak Hour Trip Ends: 1.01/unit
C. Inbound (P.M. Peak Hour): 65%
d. Outbound (P.M. Peak Hour): 35%
26
Formula for Determining Number of Peak Hour/Peak Season/Peak
Direction Trips Generated: Number of Units X P.M. Peak Hour
Rate X Inbound P.M. Percentage (2 X 1.01 X 0.65 = 1)
4. Formula for Determining Number of Average Weekday Trips
Generated: Number of Units X Average Weekday Rate
(2 X 9.55 = 19)
Proposed Zonina District
1. Residential Use Identified in 5th Edition ITE Manual:
Condominium/Multiple-Family
2. For Condominium/Multiple-Family Units, in ITE Manual:
a. Average Weekday Trip Ends: 9.55/unit
b. P.M. Peak Hour Trip Ends: 0.55/unit
c. Inbound (P.M. Peak Hour): 66%
d. Outbound (P.M. Peak Hour): 34%
3. Formula for Determining Number of Peak Hour/Peak Season/Peak
Direction Trips Generated: Number of Units X P.M. Peak Hour
Rate X Inbound P.M. Percentage (24 X 0.55 X 0.66 = 9)
(trip distribution based on a Modified Gravity Model)
4. Formula for Determining Number of Average Weekday Trips
Generated: Number of Units X Average Weekday Rate
(24 X 5.86 = 141)
5. Peak Direction of C.R. 510 from S.R. AlA to U.S. 1: Eastbound
6. Traffic Capacity on this segment of C.R. 510, at a Level of
Service "D": 630 peak hour/peak season/peak direction trips
7. Existing Traffic volume on this segment of C.R. 510:
346 peak hour/peak season/peak direction trips
The number of Average Weekday Trip Ends associated with the most
intense use of the subject property under the existing zoning
district is 19. This was determined by multiplying the 2 units
(most intense use) by ITE's single-family residential factor of
9.55 Average Daily Trip Ends/unit.
The number of Average Weekday Tfip Ends associated with the most
intense use of the subject property under the proposed zoning
district is 141. This was determined by multiplying the 24 units
(most intense use) by ITE's multiple -family residential factor of
5.86 Average Daily Trip Ends/unit.
Since the county's transportation level of service is based on peak
hour/peak season/peak direction characteristics, the transportation
concurrency analysis addresses project traffic occurring in the
peak hour and affecting the peak direction of impacted roadways.
According to ITE, the proposed -use generates more volume in the
p.m. peak hour than in the a.m. peak hour. Therefore, the p.m.
peak hour was used in the transportation concurrency analysis. The
peak direction during the p.m. peak hour on C.R. 510 is eastbound.
Given those conditions, the number of peak hour/peak season/peak
direction trips that would be generated by the most intense use of
the subject property under the existing zoning district was
calculated to be 1. This was determined by multiplying the total
number of units allowed under the existing zoning (2) by ITE's
factor of 1.01 p.m. peak hour trips/unit, then taking 65% of that
total to ensure that only inbound trips were counted.
27
CNK �. �yg� BOOK 89 PAGFTO
r
BOOK 89'321
To determine the number of peak hour/peak season/peak direction
trips that would be generated by the most intense use of the
subject property under the proposed zoning district, the total
number of units allowed under the proposed zoning (24) was
multiplied by ITE's factor of 0.55 p.m. peak hour trips/unit; that
volume was then multiplied by the inbound trip factor of 0.66. The
result was 9, or 8 more than the 1 that would be generated by the
most intense use of the subject property under the existing zoning.
Using a modified gravity model and a hand assignment, the trips
generated by the proposed use were then assigned to roadways on the
network. _
Capacities for all roadway segments in Indian River County are
calculated and updated annually, utilizing the latest and best
available peak season traffic characteristics and applying Appendix
G methodology as set forth in the Florida Department of
Transportation Level of Service Manual. Available capacity is the
total capacity less existing and committed traffic volumes; this is
updated daily based upon vesting associated with project approvals.
The traffic capacity for the segment of C.R. 510 between S.R. AlA
and U.S. 1 is 630 trips (peak hour/peak season/peak direction) at
a Level of Service "D", while the existing traffic volume on this
segment of C.R. 510 is 346 trips (peak hour/peak season/peak
direction). The additional 9 peak hour/peak season/peak direction
trips created by the most intense use of the subject property under
the proposed zoning classification will increase the total peak
hour/peak season/peak direction trips for this segment of C.R. 510
to approximately 355.
Based .on staff analysis, it was determined that C.R. 510 and all
other impacted roads can accommodate the additional trips without
decreasing their existing levels of service. Impacted roads are
defined in the county's Land Development Regulations as roadway
segments which receive five percent (5%) or more daily project
traffic or fifty (50) or more daily project trips, whichever is
less.
The table below identifies each of the impacted roadway segments
associated with this proposed zoning classification. As indicated
in this table, there is sufficient capacity in all of the segments
to accommodate the projected traffic associated with the request.
TRAFFIC CONCURRENCY DETERMINATION
Impacted Road Segments
(peak hour/peak season/peak direction)
Roadway
Segment
Road
39
FrOm
TO
segment
Capacity
LOS "D"
1380
1385
747
779
30
36
777
1873
7 Y
1375
1380
1385
1840
u6s.
U.S.
U.S.
C.R.
1
1
1
510
49th Street
65th Street
69th Street
U.S. 1
65th Street
69th Street
Old Dixie Hwy.
S.R. AlA
2,650
2,650
2,650
630
Existina Demand Total Available Positive
Existing –V-e—etZ3 Segment segment Project Concurrency
1375
747
39
786
1864
6 Y
1380
1385
747
779
30
36
777
1873
7 Y
1840
346
28
815
374
1835
256
8 Y
10
_ Y
28
_I
- Water
The site is within the urban service area; however, water lines do
not extend to the site at this time.
Using the subject property for 24 residential units will result in
water consumption at a rate of 24 Equivalent Residential Units
(ERU), or 6,000 gallons/day. This is based upon a level of service
of 250 gallons/ERU/day. If the subject property were to connect to
county lines, it would be serviced by the North Beach Water Plant.
This plant has a remaining capacity of approximately 700,000
gallons/day and can accommodate the additional demand generated by
the proposed zoning district.
- Wastewater --
Currently, wastewater lines do not extend to the site. However, if
lines were extended and connected to the subject property, it would
be serviced by the North Beach Wastewater Plant (Sea Oaks). Based
upon the most intense use allowed under the proposed zoning
district, development of the property will have a wastewater
generation rate of approximately 24 Equivalent Residential Units
(ERU), or 6,000 gallons/day. This is based upon the level of
service standard of 250 gallons/ERU/day. The North Beach
Wastewater Plant (Sea Oaks) currently has a remaining capacity of
more than 6401000 gallons/day and can accommodate the additional
wastewater generated by the proposed zoning district.
- Solid Waste
Solid waste service includes pick-up by private operators and
disposal at the county landfill. Solid waste generation by a 24
unit residential development on the subject site will be
approximately 38.4 Waste Generation Units (WGU) or 113.8 cubic
yards of solid waste/year. A WGU is a Waste Generation Unit
measurement equivalent to 2.9625 cubic yards of waste/year.
According to the county's solid waste regulations, each residential
unit generates 1.6 WGU/unit. With the county's adopted level of
service standard of 2.37 cubic yards/person/year and the county's
average of 2 persons/unit, each WGU is equivalent to 1.25 people
(2/1.6 = 1.25) and 2.9625 cubic yards of solid waste/year (1.25 X
2.37). To calculate the total cubic yards of solid waste for the
most intense use allowed on the subject property under the proposed
zoning district, staff utilized the following formula: Total number
of WGUs X 1.25 X 2.37 (189 X 1.25 X 2.37 = 113.8 cubic yards/year).
A review of the solid waste capacity for the active segment of the
county landfill indicates the availability of more than 900,000
cubic yards. The active segment of the landfill has a 3 year
capacity, and the landfill has expansion capacity beyond 2010.
Based on staff analysis, it was determined that the county landfill
can accommodate the additional solid waste generated by the site
under the proposed zoning.
- Drainage
All developments are reviewed for compliance with county stormwater
regulations which require on-site retention, preservation of
floodplain storage and minimum finished floor elevations. In
addition, development proposals must meet the discharge
requirements of the county Stormwater Management Ordinance. Any
development on the subject property will be prohibited from
discharging any runoff in excess of the pre -development rate.
W
APR 131993 goa 89 F-mGE 322
BOOK 89 PAGE23 -
In this case, the minimum floor elevation level of service standard
applies, since the property lies within a floodplain. Consistent
with Drainage Policy 1.2, "all new buildings shall have the lowest
habitable floor elevation no lower than the elevation of the 100 -
year flood elevation as shown on the Federal Emergency Management
Agency's Flood Insurance Rate Map, or as defined in a more detailed
study report." Since the subject property lies within Flood Zone
AE, which is a special flood hazard area located within the 100 -
year floodplain, any development on this property must have a
minimum finished floor elevation of no less than 9 feet above mean
sea level.
Besides the minimum elevation requirement, on-site retention and
discharge standards also apply to this request. With the most
intense use of this site, the maximum area of impervious surface
under the proposed zoning classification will be approximately
104,544 square feet, or 2.4 acres. The maximum runoff volume,
based on that amount of impervious surface and the 25 year/24 hour
design storm, will be approximately 101,059 cubic feet. In order
to maintain'the county's adopted level of. service, the applicant
will be required to retain approximately 28,314 cubic feet of
runoff on-site. With the soil characteristics of the subject
property, it is estimated that the pre-development'runoff rate is
it cubic feet/second.
Based upon staff's analysis, the drainage level of service
standards will be met by limiting off-site discharge to its pre -
development rate of 11 cubic feet/second, requiring retention of
28,314 cubic feet of runoff for the most intense use of the
property, and requiring that all finished floor elevations exceed
9 feet above mean sea level.
As with all development, a more detailed review will be conducted
during the development approval process.
- Recreation
A review of county recreation facilities and the projected demand
that would result from the most intense development that could
occur on the property under the proposed zoning district indicates
that the adopted levels of service would be maintained. The table
below illustrates the additional park demand associated with the
proposed development of the property and the existing surplus
acreage by park type.
Based upon the analysis conducted, staff has determined that all
concurrency -mandated facilities, including drainage, roads, solid
waste, recreation, water, and wastewater have adequate capacity to
accommodate the most intense use of the subject property under the
proposed zoning. Therefore, the concurrency test has been
satisfied for the subject request.
30
LOS
Project
(Acres per
Demand
Surplus
Park Type
1000 populations
Acres
Acreage
Urban District
5.0
0.240
211.477
Community (north)
3.0
0.144
25.746
Beach
1.5
0.072
73.843
River
1.5
0.072
34.840
Based upon the analysis conducted, staff has determined that all
concurrency -mandated facilities, including drainage, roads, solid
waste, recreation, water, and wastewater have adequate capacity to
accommodate the most intense use of the subject property under the
proposed zoning. Therefore, the concurrency test has been
satisfied for the subject request.
30
r � �
Consistency with Comprehensive Plan
Rezoning requests are reviewed for consistency with all policies of
the comprehensive plan. Rezoning requests must also be consistent
with the overall designation of land uses as depicted on the Future
Land Use Map, which includes agricultural, residential,
recreational, conservation, and commercial and industrial land uses
and their densities. Commercial and industrial land uses are
located in nodes throughout the unincorporated areas of Indian
River County.
The goals, objectives and policies are the most important parts of
the comprehensive plan. Policies are statements in the plan which
identify the actions which the county will take in order to direct
the community's development. As courses of action committed to by
the county, policies provide the basis for all county land
development related decisions. While all comprehensive plan
policies are important, some have more applicability than others in
reviewing rezoning requests. Of particular applicability for this
request are Future Land Use Element Policies 1.11, 1.12 and 10.1:
- Future Land Use Element Policies 1.11 and 1.12
Future -Land Use Policies 1.11 and 1.12 state that the L-21 Low -
Density Residential - 2 land use --designation is intended for
residential -uses up to 6 units/acre. In addition, these policies
state that these residential uses must be located within an
existing or future urban service area.
Since the subject property is located within an area designated as
L-2 on the county's future land use plan map and is located within
the county's urban service area and the applicants propose to
rezone the property to a residential use not greater than 6 units/
acre, the proposed request is consistent with Future Land Use
Element Policies 1.11 and 1.12.
- Future Land Use Element Policy 10.1
Future Land Use Element Policy 10.1 states that non -conforming land
uses shall be gradually eliminated. Both the subject parcels are
less than the minimum five acres required in the A-1 zoning
district. Rezoning the subject property to the requested RM -6
district will eliminate this non -conformity. Since the subject
request eliminates this non -conformity, it not only is consistent
with, but -implements, Future Land Use Element Policy --10.1.
While Future Land Use Element Policies 1.11, 1.12 and 10.1 are
particularly applicable to this request, other comprehensive plan
policies also have relevance. For that reason, staff evaluated the
subject request for consistency with all plan policies. Based upon
that analysis, staff determined that the request is consistent with
the comprehensive plan.
Compatibility -with the Surrounding Area ---
It is staff's position that granting the request to rezone the
subject property to RM -6 will result in development which will be
compatible with surrounding areas.
While the agricultural zoning of the subject property was
appropriate in the past, this designation no longer fits. Until
recently much of the north barrier island was characterized by
agricultural uses, mostly citrus groves. In the past few years,
however, many of the groves have been replaced with development
projects.
31
APR 13 1993 BOOK pmF3w.
F"__
APR 13 1993
BOOK FAuE:325
With respect to zoning, the county's policy has always been to
retain agricultural zoning on property rather than changing it when
the underlying land use designation increases. This not only
reflects the county's policy of using agricultural zoning as a
"holding" designation, but also recognizes that urbanization occurs
incrementally with various tracts_. remaining agricultural for longer
periods
In this case,. however, the subject property is not in agricultural
use. Instead, it is characterized by native vegetation. That
indicates that the agricultural zoning is a remnant of the large
scale, agricultural pattern which previously existed.
Given the current development pattern on the north barrier island,
the proposed rezoning is warranted. Not only will the requested
RM -6 zoning continue an existinq pattern, but the proposed rezoning
will ensure compatibility of de'Velopment in the area.
For these reasons, staff feels that the requested RM -6 zoning would
be compatible with the surrounding area.
Potential Impact on Environmental Quality
Residential development of the property will be subject to a number
of environmental permits, including -land. clearing, tree removal,
and mangrove alteration permits (as applicable). The county's
native upland plant community set-aside requirement does not apply
to the subject property, however, because the property is less than
5 acres in size. If the property were acquired and developed as
part of a bigger project (over 5 acres), though, then the upland
set-aside requirement would apply.
The proposed rezoning from A-1 to RM -6 would not result in an
increase in potential adverse environmental impacts associated with
site development. Since agricultural use -is largely exempt from
county permitting, the county, in fact, has more opportunity to
regulate impacts associated with residential development than
impacts associated with agricultural use.
Conclusion
The requested zoning is compatible with the surrounding area,
consistent with the comprehensive plan, and meets all concurrency
criteria. The subject property is located in an area deemed
suited for low density residential uses and meets all applicable
rezoning criteria. For these reasons, staff supports the request
to rezone the subject property from A-1 to RM -6.
Recommendation
Based on the analysis performed, staff recommends that the Board of
County Commissioners approve this request to rezone the subject
property from A-1 to RM -6.
32
Commissioner Macht asked whether this could be considered spot
zoning, and Director Keating responded that it actually is an
expansion of RM -6 zoning to the north of this property.
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 Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously adopted
Ordinance 93-15 amending the zoning ordinance and
the accompanying zoning map from A-1 to RM -6, as
recommended by staff.
ORDINANCE NO. 93- 15
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA; AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM A-1 TO
RM -6, FOR THE PROPERTY GENERALLY LOCATED NORTH OF THE TOWN OF
INDIAN RIVER SHORES AND SOUTH OF THE SEA OAKS SUBDIVISION, AND
DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE. e
WHEREAS, the Planning and Zoning Commission, sitting as the
local planning agency on such matters, has held a public hearing
and subsequently made a recommendation regarding this rezoning
request; and
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property; and
WHEREAS, the Board of County Commissioners has determined that
this rezoning 'is in conformance with the Comprehensive Plan of
Indian River County; and
WHEREAS, the Board of County Commissioners has held a public
hearing pursuant to this rezoning request, at which parties in
interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED, by the Board of County
Commissioners of Indian River County, Florida, that the zoning of
the following described property situated in Indian River County,
Florida, to -wit:
33
BOOK 89 F`.Gc'��6
BOOK 89 FAUF 19.7
ORDINANCE NO. 93- 15
A parcel described as: Beginning at a stake on the East edge
of the Indian River lying 284.2 feet North of the South line
of Section 26, Township 31 South, Range 39 East; then run East
250 feet to a stake; then South 100 feet; then West 221.2 feet
to a stake on the East edge of the Indian River, then run
North along the East edge of the Indian River to the point of
beginning;
AND the North 224.1 feet of the South 508.3 feet of Government
Lot 10, Section 26, Township 31 South, Range 39 East;
LESS that portion of the following described land lying within
Government Lot 1.0:
Beginning at a stake 284.2 feet North of the South line of
Section 26, Township 31 South, Range 39 East, and on the line
between Government Lots 10 and 11; then East 196 feet to a
stake; then North 210 feet to an iron pipe; then West 340 feet
to a stake; then South 110.6 feet to a stake; then South 88
degrees 30 minutes West 135.8 feet to a stake; then South
97.02 feet to a stake in the North line of Yoder's land; then
East 279.8 feet to the point of beginning.
Lying in Indian River County, Florida.
A
Be changed from A-1 to RM -6.
All with the meaning and intent and as set forth and described in
said Land Development Regulations.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 13th day of April, 1993.
This ordinance was advertised in the Vero Beach Press -Journal
on the 23rd day of March, 1993 for a public hearing to be held on
the 13th day of April, 1993 at which time it was moved for adoption
by Commissioner • Eggert , seconded by Commissioner
Tippin , and adopted by the -following vote:
Chairman Richard N. Bird Aye
Vice -Chairman John W. Tippin Ave
Commissioner Fran B. Adams Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Kenneth R. Macht Ave
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: Gl
R chard N. Bird, Chairman
ATTEST
Je5ff§y K. Baron, Clerk
Acknowledgement by the Department of State of the State of Florida
this 19th day of April , 1993.
Effective Date: Acknowledgement from the Department of §tate
received on this 22nd day of April , 1993, at10:00 a.m.
A.M./RXXX and filed in the office of the Clerk of the -Board of
County Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
William G. Collins*II, Deputy County Attorney
-2
g,
i
Robert Keati [CP
Community Development Director
34
MEETING WITH VERO BEACH CITY COUNCIL
The Board reviewed memo from County Administrator Jim Chandler
dated April 7, 1993:
TO: Board of County Commissioners DATE: April 7, 1993 FILE:
Meeting with Vero Beach
SUBJECT: City Council
FRO James E. Chandler REFERENCES:
County Administrator
At its April 6th meeting the Vero Beach City Council considered the proposed
April 21st meeting date with the Board. The Council had conflicts with that
date and has suggested Friday, April 23, 1992 at 3:00 p.m. Specific city
agenda items for the meeting would be submitted to the City Manager by April -
15th. _
Commissioner Eggert had a conflict with the suggested date.
The Board members agreed that 3:00 p.m. on Friday, April 30,
1993, would be a suitable time to meet with the Vero Beach City
Council members.
USE OF WETLAND MITIGATION BANK FUNDS FOR ENVIRONMENTAL LEARNING
CENTER WETLAND
The Board reviewed memo from Environmental Planning Chief
Roland DeBlois dated April 6, 1993:
W
AH 3 1993 BOOK 89 F -Ma -328
r
APP 13 1993
TO: James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE:
Robert M. ea ing ICP
Community Develo ent-Director
FROM: Roland M. DeBlois,-AICP
Chief, Environmental Planning
DATE: April 6, 1993
BOOK 89 PAGE 3,9 -1
RE: Use of Wetland Mitigation Bank Funds
for Environmental Learning Center Wetland Restoration
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of April 13, 1993.
DESCRIPTION AND CONDITIONS
Section 928.06(5) of the County Wetlands Protection Ordinance
provides that the county may accept fees as a last alternative for
wetland dredge and fill mitigation associated with development. The
mitigation fee -is calculated as [the assessed value of one acre of
the project site] x [the number of wetland acres impacted].
Section 928.06(5) further provides that such funds are deposited in
a "mitigation bank" account which will be utilized "to create,
protect and manage, or enhance environmentally sensitive areas of
the same type as that altered".
The mitigation bank fund concept has been in effect since September
1990, when the county's land development regulations were
substantially revised to implement the goals, objectives, and
policies of the 1990 comprehensive plan. Since that time, $8,670
has been either paid, or committed for payment, into the wetland
mitigation fund (Account # 601-000-220-018.00).
Staff requests that the Board of County Commissioners consider
authorizing the use of. $2,600 of these funds for wetland
restoration work at the Environmental Learning Center (ELC). The
ELC site is county owned land, under a long-term lease to the ELC.
ALTERNATIVES & ANALYSIS
Three wetland mitigation projects involving activities at the ELC
site have been authorized by state and federal wetland
jurisdictional agencies, as well as by county environmental
planning.staff. Specifically, wetland filling that was permitted
on three single-family lots in Ambersand Beach Subdivision on north
S.R. AlA was conditioned upon off-site mitigation at the ELC.
The mitigation of these projects
preparation of the area proposed for
preparation consists of minor grading
for wetland plantings, -and the removal
36
has been delayed pending
restoration. The necessary
for elevations appropriate
of debris. _
The referenced site preparation work is estimated to cost +$2,600.
In coordinating with Holly Dill, Executive Director of the
Environmental Learning Center, staff suggests that the county make
a check for that amount payable to the ELC. The ELC would then
coordinate the preparation work.
RECOMMENDATION
Staff recommends that the Board of County Commissioners authorize
the use of $2,600 from Account -Number .601-000-220-018.00 for
wetland restoration work at the Environmental Learning Center.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously
authorized the use of $2,600 from Account Number
601-000-220-018.00 for wetland restoration work at
the Environmental Learning Center, as recommended by
staff.
INDIAN RIVER COUNTY JUDICIAL COMPLEX PROJECT CLOSED CIRCUIT
VIDEO/VOICE TRANSMISSION SYSTEM
The Board reviewed memo from General Services Director Sonny
Dean dated March 31, 1993:
DATE: MARCH 311 1993
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SER S
SUBJECT: INDIAN RIVER COUNTY JUDICIAL COMPLEX PROJECT
CLOSED CIRCUIT VIDEO/VOICE TRANSMISSION SYSTEM
BACKGROUND:
In January of this year, the Board authorized staff to negotiate a
contract with the number one tanked firm of Precision Contracting
Services, Inc, (PCS) to design and build the subject system. This
was to be in compliance with the Consultants Competitive Negotiation
Act (CCNA).
In order to be sure a competitive price would be obtained, a survey
form was sent to other governmental entities over the state that had
constructed similar projects. Staff was able to use the results of
this effort in negotiating with PCS.
37
800K 89 FacF 3t3(�
APR 131993
r
ANALYSIS:
p
BOOK 89 FAi,F 331
Due to the complexity of this type system and unknowns involved, it
was impossible for staff or the consultant to know exact cost
involved. Because of these factors, it was determined to negotiate a
price to engineer the system and then pay for equipment with
installation cost. This would allow us to size the system in
accordance with available monies.
Using this scenario, PCS has agreed to engineer the system at a total
cost of $8,000 and to furnish and install the system at a cost not to
-- exceed $192,000. This price includes the cost to install a fiber
optic cable with a minimum of twelve strands from the jail, via the
Administration building, into the new courthouse. All necessary
equipment and labor for one station in the jail and two courtrooms in
the judicial building. Also in that price is wiring in the remaining
courtrooms and hearing rooms for future expansion.
The consultant will be required to look at using any existing
facilities that may serve to reduce cost of the proposed system. He
will also investigate the possibility of using the system to process
Juveniles from the detention center in Fort Pierce.
FUNDING:
A line item with funds of $200,000 was included in the construction
budget for this system.
RECOMMENDATIONS:
Staff recommends Board approval of the attached contract with
Precision Contracting Services, Inc. at a total price not to exceed
$200,000 and requests authorization for the Chairman to execute the
documents'.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
the contract with Precision Contracting Services,
Inc., for design and construction services at a
total price not to exceed $200,000, as recommended
by staff.
AGREEMENT FOR DESIGN & CONSTRUCTION SERVICES
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
SALE OF WATER AND SEWER BONDS
OMB Director Joe Baird reported that the County's water and
sewer bonds were refinanced and $17,700,000.00 in new debt for
utilities expansion was issued. In the process we eliminated the
Farmers Home Administration debt which carried with it 'the
38
restriction -that any new debt must be subordinate to it. We
refinanced our water and sewer assessments to property owners in
North County and in Rockridge. They were paying 9.75 percent and
the new bonds would allow financing on the assessments at 6.75
percent, which will be a saving for the property owners.
Additionally, by refinancing the six bond issues that we had for
water and sewer and consolidating them into one issue, we have a
future value savings of $1,620,700.00. The Farmer's Home
Administration bonds were 40 -year bonds; these will be 32 -year
bonds.
Arthur H. Diamond, of Fishkind & Associates, financial
advisors to the County, stated that the bond issues are the result
of a lot of hard work. It was a complicated situation because six
bond issues were refinanced. In the process we removed the first
lien of Farmer's Home Administration from the County's financing,
we unified the system under one bond document, and we made that
document more flexible for the County. Mr. Diamond pointed out
that the County's reputation in the financial market is respected
because of the way the County is governed and that makes a
difference in any financing.
Ed Bulleit, representative of William R. Hough & Company,
distributed a booklet containing all the pertinent figures of the
new bond issue. He characterized it as one of the most complicated
requests for proposals in his experience because we are refinancing
six different transactions. In the initial phases of this project,
other firms said that this deal would never get done. Mr. Bulleit
admitted that his firm doubted whether we could ever accomplish a
rate that would produce this transaction. He stated that because
of County staff's efficient work we moved within a week and a half,
had this deal insured and got an A rating from Moody's. This
document is one of the most flexible water and sewer documents to
be rated A. He stated that it was to the County's- benefit to
remove the Farmer's Home Administration lien because of the
potential for graduation and because of the restrictions. Mr.
Bulleit further explained that by defeasing the six bond issues we
also eliminated the time and expense involved with administering
those six individual bond issues.
Chuck Beick, Rhoads & Sinon, bond counsel for Indian River
County, explained that two resolutions were prepared. The first
resolution authorizes the retirement of the six bond issues that
are being retired, authorizes the capital project with the new
money portion of the bond issue and authorizes the bond issues.
The second resolution awards the bonds to William R. Hough &
Company and specifies details for the paying agent, the escrow for
39
APR 13 199
r
APR 13 199J
BOOK 89 PAGF `9.33
refunding and so forth. The negotiated purchase contract is
attached also and contains the net purchase price for the bonds as
well as the redemption provisions and interest rates.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution 93-80, authorizing the retirement of
certain outstanding water and sewer revenue bonds of
the County and certain special assessment revenue
bonds of the County; authorizing certain projects of
the County; authorizing the issuance of not
exceeding $47,190,000.00 water and sewer revenue
bonds, series 1993A, and the issuance of not
exceeding $3,330,000.00 -of water and sewer revenue
bonds, series 1993B, of the County to provide funds
for said retirements and to finance certain costs in
connection with certain projects of the County;
providing for the rights of the registered owners of
said bonds; making certain covenants and agreements
in connection therewith; and providing an effective
date.
RESOLUTION NO. 93-80
A RESOLUTION AUTHORIZING THE RETIREMENT OF CERTAIN
OUTSTANDING WATER AND SEWER REVENUE BONDS OF THE COUNTY
AND CERTAIN SPECIAL ASSESSMENT REVENUE BONDS OF THE
COUNTY; AUTHORIZING CERTAIN PROJECTS OF THE COUNTY;
AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $47,190,000
WATER AND SEWER REVENUE BONDS, SERIES 1993A, AND THE
ISSUANCE OF NOT EXCEEDING $3,330,000 OF WATER AND SEWER
REVENUE BONDS, SERIES 1993B, OF THE COUNTY TO PROVIDE
FUNDS FOR SAID RETIREMENTS AND TO FINANCE CERTAIN COSTS
IN CONNECTION WITH CERTAIN PROJECTS OF THE COUNTY;
PROVIDING FOR THE RIGHTS OF THE REGISTERED OWNERS OF
SAID BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN
CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVEDATE.
i
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA:
SECTION 1. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant
to Chapter 125, Florida Statutes and other applicable provisions of law.
SECTION 2. DEFINITIONS. The following terms shall have the followir%
meanings in this Res*ution, unless the context otherwise clearly requires:
RESOLUTION 93-80, IN ITS ENTIRETY
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
40
ON- MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution 93-81, specifying certain terms and
provisions for the $47,190,000.00 aggregate
principal amount of water and sewer revenue bonds,
series 1993A, and the $3,330,000.00 aggregate
principal amount of water and sewer revenue bonds,
series 1993B, of Indian River County, Florida;
approving, accepting and authorizing the execution
and delivery of a bond purchase agreement for the
award and sale of the bonds, at private sale by
negotiation, to the purchaser thereof; authorizing
the purchase of municipal bond insurance with
respect to the bonds; appointing a paying agent and
bond registrar for the bonds; ratifying the
distribution of a preliminary official statement;
authorizing the execution and distribution of an
official statement in connection with the marketing
of the bonds; providing for the retirement of the
retired bonds; authorizing the execution and
delivery of an escrow agreement in connection with
said retirements; appointing an escrow agent;
providing for certain other matters relating to the
bonds and said retirement; authorizing all other
necessary, desirable and/or appropriate actions in
connection with the sale, issuance and delivery of
the bonds and said retirements and specifying the
effective date hereof.
41
APR 131993 900K9 FaUF 334
F,
APR 13199:.
BOOK 89 fAUG 335 --I
RESOLUTION NO. 93 - ,B�L
A RESOLUTION SPECIFYING CERTAIN TERMS AND PROVISIONS FOR
THE $47,190,000 AGGREGATE PRINCIPAL AMOUNT OF WATER AND
SEWER REVENUE BONDS, SERIES 1993A, AND THE $3,330,000
AGGREGATE PRINCIPAL AMOUNT OF WATER AND SEWER REVENUE
BONDS, SERIES 1993B, OF INDIAN RIVER COUNTY, FLORIDA;
APPROVING, ACCEPTING AND AUTHORIZING THE EXECUTION AND
DELIVERY OF A BOND PURCHASE AGREEMENT FOR THE AWARD AND
SALE OF THE BONDS, AT PRIVATE SALE BY NEGOTIATION, TO
THE PURCHASER THEREOF; AUTHORIZING THE PURCHASE OF
MUNICIPAL BOND INSURANCE• WITH RESPECT TO THE BONDS;
APPOINTING A PAYING AGENT AND BOND REGISTRAR FOR THE
BONDS; RATIFYING THE DISTRIBUTION OF A PRELIMINARY
OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION AND
DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH
THE MARKETING OF THE BONDS; PROVIDING FOR THE RETIREMENT
OF THE RETIRED BONDS; AUTHORIZING THE EXECUTION AND
DELIVERY OF AN ESCROW AGREEMENT IN CONNECTION WITH SAID
RETIREMENTS; APPOINTING AN`ESCROW AGENT; PROVIDING FOR
CERTAIN OTHER MATTERS RELATING TO THE BONDS AND SAID
RETIREMENTS; AUTHORIZING ALL OTHER NECESSARY, DESIRABLE
AND/OR APPROPRIATE ACTIONS IN CONNECTION WITH THE SALE,
ISSUANCE AND DELIVERY OF THE BONDS AND SAID RETIREMENTS
AND SPECIFYING THE EFFECTIVE DATE HEREOF.
WHEREAS, the Board of County Commissioners of Indian River County, Florida
(the "Board" and the "County", respectively), by Resolution No. 93-A0_, duly
adopted on April 13; 1993 (the "Resolution"), authorized the issuance of Water
and Sewer Revenue Bonds, Series 1993A, in an aggregate principal amount not to
exceed $47,190,000 (the "Series 1993A Bonds") and the issuance of Water and Sewer
Revenue Bonds, Series 1993B, in an aggregate principal amount not to exceed
$3,330,000 (the "Series 1993B Bonds") (collectively the "Bonds") and authorized
the retirement of the Retired Bonds, as defined in the Resolution;'
RESOLUTION 93-81, IN ITS ENTIRETY,
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
the purchase contract for Series 1993A bonds in the
aggregate amount of $47,190,000.00, and for Series
1993B bonds in the aggregate principal amount of
$3,330,000.00, as recommended by staff.
PURCHASE CONTRACT
IS ON FILE IN -THE OFFICE OF CLERK TO THE BOARD
42
r
INDIAN RIVER BOULEVARD PHASE IV - TREE RELOCATION -
The Board reviewed memo from Capital Projects Manager Terry
Thompson dated April 7, 1993:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E
Public Works Directorr
FROM: Terry B. Thompson, P.E.C>6_1'
Capital Projects Manager
SUBJECT: Indian River Boulevard Phase IV
Tree Relocation
DATE: April 7, 1993
DESCRIPTION AND CONDITIONS
The construction contract for Indian River Boulevard Phase IV
stipulates that the County will remove 44 oaks and 99 cabbage palms
prior to May 3, 1993. The Environmental Learning Center is
scheduled to remove and relocate 20 large oaks during the last two
weeks of April. The County intends to remove and relocate 24 small
oaks and 36 cabbage palms to Round Island Park. The Sheriff's
Department was planning to remove and relocate 63 cabbage palms to
their site on 41st Avenue.
Due to the large amounts of rainfall in March, the hammock where
these trees are located is extremely wet. The County spade that
was scheduled to be used to remove these trees can not drive
through the hammock. The Environmental Learning Center is planning
to use an all terrain crane, so they shouldn't have any problem
removing the 20 large oaks they have selected.
Proposals for removing the trees and loading them on trucks for
relocation have been solicited as follows:
Oaks Sabal Palms
Flying "J" Tree Service $57/tree $57/tree
Atlantic Landscape Services, Inc. $150/tree $60/tree
Rood Landscaping Co. Inc. .$90/tree $90/tree
ALTERNATIVES AND ANALYSIS
The Alternatives are as follows:
Alternative No. 1
Contract with the low bidder, Flying "J" Tree Service to
remove 24 oaks and 99 cabbage palms for a not to exceed
total of $7,011.
Alternative No. 2
Prepare a Change Order for Dickerson Florida, Inc. to
clear these trees as part of the clearing and grubbing
operation, and purchase twenty-four oaks trees at a cost
of $275 each for a total of $6,600 for Round Island Park. -
RECOMMENDATIONS AND FUNDING
Staff recommends Alternative No; 1. Funding is from Account 309-
@15-541-066.51 - Indian River Boulevard Phase IV. •
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously approved
that Flying "J" Tree Service move 24 oak trees and
99 cabbage palm trees for a not -to -exceed total of
$7,011.00, as recommended by staff.
43
APR 3 ���3 BOOK 89 u'.3.
r
BOOK 09 FA -UE 337
b
REQUEST FROM CITY OF SEBASTIAN FOR JOINT FUNDING OF GIBSON STREET
BETWEEN MAIN STREET AND NORTH CITY LIMIT LINE
The Board reviewed memo from Public Works Director Jim Davis
dated April 6, 1993:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.lc +
Public Works Director
SUBJECT: Request from City of Sebastian for Joint
Funding of Gibson Street between Main Street
and the North City Limit Line
REF. LETTER: Robert S. McClary, City Manager, to
James Davis dated Mar. 30, 1993
DATE: April 6, 1993
DESCRIPTION AND CONDITIONS
There exists an approximate 3/4 mile section of Gibson St. (130th
Ave) south of Roseland Road which is unpaved. The north one
quarter mile portion of this roadway has frontage on property
within the City of Sebastian on the east side and unincorporated
County property on the west side (see map). The City is requesting
that the County cost share 50% of the cost to pave the northern
1320 LF of this unpaved road. Since Gibson St. is a 'collector
roadway, the County's petition paving program has historically
included 50% funding by the County for paving collector roads and
50% assessment to benefitted owners. In this request, the City is
agreeable to funding the 50% Property Owner share.
If a petition were received from abutting property owners, the
County staff would process the petition and schedule survey,
design, public hearing, etc. In this case, no property owner within
the County nor City would be assessed. The cost of the project is
approximately $66,000 ($33,000 County share/$33,000 City of
Sebastian share).
The alternatives are as follows:
Alternative No
Approve the request and authorize staff to proceed to
include the project on the list of petition paving
projects.
Alternative No
Deny the request.
Alternative 81 is recommended. Funding to be from Fund 173 Special
Assessment Petition Paving funding the amount of $33,000 County
Share.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously authorized
staff to include Gibson Street between Main Street
and the North -City Limit Line on the list of _
petition paving projects.
44
CONTINUANCE OF DECEMBER S. 1992 PUBLIC HEARING TO CONSIDER APPROVAL
OF AN ORDINANCE OF INDIAN RIVER COUNTY CREATING THE WHISPERING
PINES STREET LIGHTING DISTRICT
The Board reviewed memo from Public Works Director Jim Davis
dated April 2, 1993:
TO: James E. Chandler,
County Administrator -
FROM: James W. Davis, P.E., ,
Public Works Director, -
SUBJECT: Continuance of Dec. 8, 1992 Public Hearing to
Consider Approval of an Ordinance of Indian
River County Creating the Whispering Pines
Street Lighting District
REF. MEMO: James Davis to James Chandler dated Dec. 1, 1992
DATE: April 2, 1993
DESCRIPTION AND CONDITIONS
During the Dec. 8, 1992 regular meeting of the Board of County
Commissioners,- a motion was unanimously approved by --the Board to
continue the Public Hearing for establishment of a Street Light'District
for the Whispering Pines area until staff could meet with the developer,
Vero Building Corp., and FPL to determine if the developer could pay FPL
for street light materials and installation. Once installed, a District
would be established and the property owners within Whispering Pines
would pay for electricity consumption and administrative charges.
Staff has met with FPL and the developer. FPL cannot contract with the
developer to furnish and install the lights.
ALTERNATIVES AND ANALYSIS
The original staff recommended plan was to define a street light
district to include 70 lots located on both sides of 21st Avenue and
22nd Avenue. At the Dec. 8, 1992 hearing, most of the thirty-six
Indian River Heights lot owners, (east of 21st Avenue and west of 22nd
Ave) objected to being included in the District, and they did not want
to pay the estimated $30/lot/year assessment. Eliminating these thirty-
six lots will reduce the district to thirty-four lots (Whispering Pines
only) and increase the first year assessment to $56.59/lot/year and
$47.47/lot/year thereafter. To reduce this cost, the developer is
agreeable to paying the first year initial 20% energy cost reserve of
$310 in addition to two years of additional cost at $254/year for a
total of $818. This contribution by the developer will reduce the
yearly assessment for the first two-year period to $35.44/lot/year, if
the District only includes thirty-four lots.
Yearly assessments thereafter will be approximately $48.94/lot per year,
based on the existing FPL rate structure. FPL will furnish and install
all lighting, as usual.
45
APR 13 1993
BOOK 89 PAGE -3,38
BOOK 89 FacF :x:39
APR 13 1993
The alternatives presented include:
Alternative No. 1
Accept the developer's contribution of $818 and approve a
Street Light District for only the Whispering Pines
Subdivision, thereby eliminating all of Indian River Heights
from the district. The cost per year for the first two years
is $35.44 per lot. Yearly cost thereafter will be $48.94 per
lot.
Alternative No. 2
_- Accept the' developer's contribution of $818 and approve a
District which includes the area on both sides of 21st Street
and 22nd Street. The cost per lot will be $17.23 per year for
the first two years and $22.77 per year thereafter. The
Indian River Heights Property Owners were not supportive of a
$30 per lot per year assessment.
RECOMMENDATIONS AND FUNDING
Staff is of the opinion that Alternative No. 2 is the most equitable
alternative since both sides of each street will benefit from the
lighting. The -cost per lot is less since seventy lots will be in the
benefit area. Staff recommends Alternative No. 2. The draft ordinance
should be approved as written.
Funding to be from the established Street Light District.
County Attorney Vitunac advised that this item will be
considered at a public hearing in approximately one month.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously accepted
the developer's contribution of $818.00 and approved
a Street Light District which includes the area on
both sides of 21st Street and 22nd Street, as set
out in Alternative No. 2.
PURCHASE AUTHORIZATION: OSLO ROAD RIGHT-OF-WAY ACQUISITION,
HOUDYSHELL PARCEL #118
The Board reviewed memo from County Right -of -Way Agent Don
Finney dated April 6, 1993:
46
TO: James E. Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
and
Terry B. Thompson, P.E. c'<
Capital Projects Manager
FROM: Donald G. Finney, SRA �.� 7:3r .
County Right of Way Agent
SUBJECT: Purchase Authorization; Oslo Road Right -of -Way Acquisition, Houdyshell Parcel
#118
DATE: April 6, 1993
� �� _t' • � • � _Mit •
The county plans to widen and signalize the intersection of Oslo Road and Old Dixie Highway.
Additional right-of-way is needed from 19 properties. Thirteen of the eighteen parcels are owned
by one of the original families that settled in Vero Beach.
This parcel is located on the southwest corner of U.S. Highway #1 and Oslo Road. The parcels is
zoned CG and is presently leased to "Tree Mart".
The property was appraised at $5.05 per square foot which was offered to the owner. The owner
counter -offered at $9.00 per square foot, thence agreed to settle and signed the contract for
$3,283.00, which is $7.00 per square foot for the 469 square foot right-of-way parcel.
There are no attorneys or other fees except the $26.00 documentary stamp on the deed to be paid
by the purchaser.
Staff requests the Board accept the $3,283.00 contract and direct the chairman to execute the
contract on the Board's behalf.
Funding is available in Account No. 101-156-541-067.43.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the Contract for Sale and Purchase in the amount of
$3,283.00 for right-of-way acquisition, Parcel #118,
as recommended by staff.
CONTRACT FOR SALE AND PURCHASE
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
47
APP 131993 Boa 89 FA6F3- 40
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BOOK 89 PMV 3.41
Commissioner Macht led discussion regarding County policy when
we purchase _ right-of-way and he asked whether there is a percentage
over appraised value that is used as a criterion.
Director Davis responded that it is very difficult to set a
percentage over appraisal value. The usual procedure is that staff
will estimate the costs of settling versus ,going to condemnation
and make a recommendation. He further explained that in situations
where the property owners wanted two and three times the value, we
have redesigned projects to avoid the acquisition.
INDIAN RIVER BOULEVARD MARGINAL ACCESS ROAD- PAUL AND DENISE
MINOTTY. RIGHT-OF-WAY PARCEL ACQUISITION
The Board reviewed memo from County Right -of -Way Agent Don
Finney dated April 2, 1993:
TO: James E. Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
and ' ��
Terry B. Thompson, P. C_*1 � 1
Capital Projects Manager
FROM: Donald G. Finney, SRA 'r_�%O. 6
County Right of Way Agent
SUBJECT: Indian River Boulevard Marginal Access Road, Paul & Denise Minotty, Right -of -
Way Parcel Acquisition
DATE: April 2, 1993
The county proposes to construct a marginal access road for Indian River Boulevard. Additional
right-of-way is required at the northeast corner of Royal Palm Boulevard at Indian River Boulevard.
The seller requests a Traffic Impact Fee Credit of $8,577.88 which equates to $12.60 per square foot
for the 681 square foot right-of-way parcel. The parent 127 acre unimproved property was
purchased by the owners at $700,000 on April 17, 1992 ($12.60 per sq.fL). The property owner has
executed the deed and closing statement (being held in trust).
Staff requests the Board approve the $8,577.88 Traffic Impact Fee Credit. There are no attorney's
fees or additional costs.
Since compensation is by Traffic Impact Fee Credit, NO county warrants will be issued.
48
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
the $8,577.88 Traffic Impact Fee Credit to Paul &
Denise Minotty, as recommended by staff.
BARBER STREET, CITY OF SEBASTIAN. JOHN AND DOROTHY HINDELAND RIGHT-
OF-WAY PARCEL
The Board reviewed memo from County Right -of -Way Agent Don
Finney dated April 5, 1993:
TO: James E. Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Donald G. Finney, SRA '��`^�'•
County Right of Way Agent
SUBJECT: Barber Street, City of Sebastian John and Dorothy Hindelang Right -of -Way Parcel
DATE: April 5, 1993
The City of Sebastian is requesting to use Traffic Impact Fee revenue to purchase right-of-way along
the south side of Barber Street. Thirty feet of additional right-of-way is required from fourteen
properties to widen and straighten the alignment and also the curve at the corner of Stratton Avenue.
The property owners have executed a Contract For Sale And Purchase for $3,700. The purchase
price is at $.92 per square foot as purchased two months ago plus $250 to resurvey the remainder
property after the right-of-way is purchased. The price is in line with other lot sales in the
neighborhood.
Staff requests the Board approve the $3,700.00 contract and direct the chairman to execute the
contract on the board's behalf.
PUDDING
City of Sebastian Traffic Impact Fee revenue
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
purchase of right-of-way from John and Dorothy
Hindelang in the amount of $3,700.00, as recommended
by staff.
CONTRACT FOR SALE AND PURCHASE
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
49
AR 31993 BOOK 89 FacF-42
I
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BOOK 89 FAu 343
RESPONSE FROM UTILITY SERVICES DEPARTMENT TO ERIC JOHNS COMMENTS
OF APRIL 6, 1993
The Board reviewed memo from Utility Services Director. Terry
Pinto dated April 8, 1993 and from Utility Services Accounting
Clerical Supervisor Lori Kowalski dated April 7, 1993:
DATE: APRIL 81 1993 _
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILIT SERVI ES
PREPARED HARRY E. ASHER
AND STAFFED ASSISTANT DIRECTOR-'O'F ITY SERVICES
BY:
SUBJECT: RESPONSE TO MR. ERIC JOHN'S COMMENTS OF APRIL 6, 1993
Attached is the Department's response to Mr. John's comments as
presented at .the' County Commission meeting of April 6,--1993, as they
relate to Mr. John's and Mr. Helmboldt's billing inquiries.
- DATE: APRIL 7, 1993
A
TO: TERRANCE G. PINTO, DIRECTOR
HARRY E. ASHER, ASSISTANT DIRECTOR
FROM: LORI KOWALS�/MC
ACCOUNTING L SUPERVISOR
DEPARTMENT 'OF UTILITY SERVICES
SUBJECT: "CUSTOMER" INQUIRIES - ERIC JOHN & MR. HELMBOLDT
On November 14, 1989, the Board of County Commissioners held a public hearing to discuss the
"Agreement between Indian River County and Aspen Whispering Palms Ltd. Partnership for
Wastewater Services". In that agreement, page 3, item No. 4, representative copy attached, the
park agreed to install water meters at all mobile home sites. The County agreed to read these
meters and to bill wastewater services, as County's utility customer, each mobile home site
occupant at the County wastewater rates in effect at the time of billing. The park guarantees
payment of any residents' bills' not paid 60 days from billing.
Mr. John was billed for 3,000 gallons of consumption, which passed through his meter during the
period April 7 - May 7. After additional research with park management, prompted by Mr. John's
subsequent follow-up, it was determined that water was used and subsequently recorded on the
meter. However, the water usage probably did not pass through the sewer and therefore, Mr.
John was given credit for the 3,000 gallons of consumption. As to Mr. John's complaint concerning
turning off of the water at the meter, the water is supplied by Aspen and Aspen is responsible for
the meters. The County does not have the authority to turn off the water meter.
50
In response to Mr. Helmboldt's issues, a request to final service was received May 18, 1992 due to
the sale of the property approximately a month prior. The regular monthly billing for service from
April 7th - May 7, 1992 was generated May 18, 1992 with the amount due of $62.22. This amount
represented the current months charges of $23.66 plus past due amounts totalling $38.95 for
previous months service. -
Due to the fact the bill was already generated, a corrected billing was done giving Mr. Helmboldt
credit for the April 7 - May 7, 1992 billing amount of $23.66, which was billed to the new owner,
Mr. Seaberg. This adjustment left the past due amount of $38.56 for the period March 6 - April 7,
1992, due from Mr. Helmboldt.
In follow-up to Mr. Helmboldt's letter on December 22, 1992, the customer service staff attempted
to contact Mr. Helmboldt by phone then made contact with the new owner on December 29, 1992,
to request the closing date. Mr. Seaberg was unsure of the closing date and was going to check
and let us know. Upon review of additional correspondence from Mr. Helmboldt, March 15, 1993,
an adjustment was made for 11 days at $6.88 credit represented in his final billing.
Further efforts to obtain the actual closing date proved futile. As of this date, no application for
service has been made officially by Mr. Seaberg.
If Mr. Helmboldt closed on and vacated the unit prior to April 7, 1992, additional credits may
indeed be forthcoming, but cannot be credited until Mr. Helmboldt supplies documents confirming
the closing date.
County Administrator Jim Chandler assured the Board that the
Utility Services Department responded in a timely fashion to both
Mr. John and Mr. Helmboldt.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously directed
staff to send a copy of the response along with a
copy of the minutes to Mr. John.
REPLACEMENT OF POLLY CROWELL ON THE GULFSTREAM AREAWIDE COUNCIL
Commissioner Tippin advised that Polly Crowell of the
Gulfstream Areawide Council passed away and he requested resumes be
submitted for a replacement on that Council.
EMERGENCY SERVICES DISTRICT
The Chairman announced that immediately upon adjournment the
Board would reconvene sitting as the Board of Commissioners of the
Solid Waste Disposal District.
Those Minutes are being prepared separately.
51
APR 131993 900K 8 9 Pa'.; r.
APR 13 1993
BOOK 89 WAGE 345
DOCUMENT TO BE ADDED TO THE PERMANENT RECORD
Proclamation Designating April 25 to May 1 1993 as Crime Victimsf
Rights Week in Indian River County. Florida
PROCLAMATION
DESIGNATING APRIL 25 TO MAY 1, 1993 AS
CRIME VICTIMS' RIGHTS WEER
IN INDIAN RIVER COUNTY, FLORIDA
WHEREAS, violence is on the rise in America, with one
violent crime committed every 17 seconds; and
WHEREAS, with 35 million Americans victimized in the United
States each year, crime victims are rapidly becoming a majority
in our nation; and
WHEREAS, as a nation devoted to liberty and justice for all,
America must increase its .efforts to protect and restore crime
victims' rights; and
WHEREAS, all citizens must do their part to stop violence by
reporting crimes, by supporting more equitable sentencing laws,
and by refusing to tolerate injustice in our homes or on our
streets; and
WHEREAS, crime victims and those who serve them deserve our
support for their quest to secure victim justice; and
WHEREAS, a national commitment to violence reduction and
victim assistance will help bring criminals to justice, and
justice to victims:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of
April 25 to May 1, 1993 be designated as
CRIME VICTIMS' RIGHTS WEEK
in Indian River County. The Board further urges all citizens to
join forces with victim service programs, criminal justice
officials and concerned citizens throughout Indian River County
to support victims' rights.
Adopted this 13th day of April, 1993.
52
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Richard N. Bird, Chairman
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:55 A. M.
ATTEST:
J. rton, Clerk Richard N. Bird, Chairman
53
APR 13 1993 eooK 89 jF `�46
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