HomeMy WebLinkAbout3/22/1994MINUTES ATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, MARCH 22, 1994
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
John W. Tippin, Chairman ( Dist. 4)
Kenneth R. Macht, Vice Chairman (Dist. 3)
Fran B. Adams ( Dist. 1)
Richard N. Bird (Dist. 5)
Carolyn K. Eggert ( Dist. 2 )
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
9:00 A.M. 1. CALL TO ORDER
2. INVOCATION - None
3. PLEDGE OF ALLEGIANCE - Comm. John W. Tippin
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Item
7.H.
Block Grant - CSBG Housing Rehabilitation
Item
11.H.
Legislation Regarding Right -of -Way for Utilities
Item
13.A.3.
New Horizon request for letter of support
Item
13.A.4.
Request for Appt. to Sheriff's Budget Review Committee
Item
13.B.1.
Refinancing Impact Fees - Landfill
Item
13.B.2.
Unfunded Mandates
Item
13.B.3.
Scheduling of Joint Meeting with the School Board
Item
13.B.4.
Report on Courthouse opening
Item
13.C.
Report on Sebastian Inlet District Meeting
5.
PROCLAMATION AND PRESENTATIONS
A.
Proclamation Presented to Lawrence Benedict,
Retiring Employee
B.
Proclamation Designating April, 1994 as Child
Abuse Prevention Month in I . R . C. , Florida
C.
Proclamation Designating April 1 thru April 10,
IC
1994 as "Shriners Crusade to Help Crippled
Children Drive" in Indian River County, FL
6. APPROVAL OF MINUTES
A.
Regular Meeting of February 22, 1994
B.
Special Meeting of February 24, 1994
7. CONSENT AGENDA
A.
Received 5 Placed on File in Office of Clerk
to the Board:
Delta Farms Water Control District list of
1993 meetings & schedule of meetings for 1994
Vero Lakes Water Control District General Pur-
pose Financial Statements, Sept. 30, 1993
MAR 2 21994 BOOK 1 PPE 1002-
MAR 2 2 1994
BOOK FACE 100,5
7. CONSENT AGENDA (cont'd. ):
B. Resignation of John D. Orcutt from Land Acqui-
sition Advisory Board and Environmental Control
Hearing Board
(letter dated March 8, 1994)
C. Purchase Authorization --Oslo Road/Old Dixie
R -O -W, Parcel #113 - James 6 Gene Morris
( memorandum dated March 14, 1994 )
D. 53rd St. R -O -W Acquisition; Alfred Scopinich
(memorandum dated March 14, 1994)
D. Award Bid #4063 / A. C.'s for Jail
(memorandum dated March 15, 1994)
E. Miscellaneous Budget Amendment #013
( memorandum dated March 15, 1994 )
F. Request for Proposals - Bond Counsel
(memorandum dated March 16, 1994)
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a. m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
None
B. PUBLIC HEARINGS
1. Ralph L. Evans, Trustee, and Others
Request to Rezone Approx. 115 Acres
from IL and A-1 to CG
( memorandum dated March 10, 1994 )
2. The Housing Group, Inc.'s Request for
Planned Development Special Exception
Use and Conceptual Plan Approval for a
Multi -Family Residential Apartment Complex
to be Known as Indian River Apartments
(memorandum dated March 15, 1994)
3. AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, TRANSFERRING CHAPTER 13,
ARTICLE II - SOLID WASTE DISPOSAL
TO CHAPTER 204 OF THE 1990 EDITION
OF THE INDIAN RIVER COUNTY CODE
10. COUNTY ADMINISTRATOR'S MATTERS
A. The Associated General Contractors of America,
Inc., Task Force Committee
1. Final Report
2. Petition Paving Budget Amendment #014
( memorandum dated March 16, 1994 )
B. Dune Crossover - Tracking Station Park
( memorandum dated March 11, 1994 )
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
1. Request by I.R. Farms Water Control Dis-
trict for a 3.2 Acre Parcel Located at the
40 Acre 4th St. Stump Dump Located East
of 74th Ave.
(memorandum dated March 15, 1994)
2. 129th Street, Roseland, Maintenance Map
( memorandum dated March 14, 1994 )
3. 26th Street Maintenance Map
( memorandum dated March 14, 1994 )
4. CR512 Corridor Improvements - Professional
Engineering Services Agreement.
( memorandum dated March 15, 1994 )
H. UTILITIES
None
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN JOHN W. TIPPIN
1. Selection of Occupational License Equity
Study Committee Members
(continued from 3/15/94 BCC meeting)
2. Discussion Re: Refinancing Impact Fees
(letter dated 3/10/94)
B. VICE CHAIRMAN KENNETH R. MACHT
L_ BAR 2 21994 'BOOK
91 'AGE I QO`7
r MAR 2 2 199
6009 91 PACE 100 5 —7
13. COMMISSIONERS ITEMS (cont'd. ):
C. COMMISSIONER FRAN B. ADAMS
D. COMMISSIONER RICHARD N. BIRD
E. COMMISSIONER CAROLYN K. EGGERT
14. SPECIAL DISTRICTS / BOARDS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
None
C. ENVIRONMENTAL CONTROL BOARD
Annual Report - Environmental Control Officer
( memorandum dated March 11, 1994 )
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, March 22, 1994
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, March 22, 1994,
at 9:00 a.m. Present were John W. Tippin, Chairman; Kenneth R.
Macht, Vice Chairman; Fran B. Adams; Richard N. Bird; and Carolyn
K. Eggert. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and Patricia
Held, Deputy Clerk.
The Chairman called the meeting to order and led the Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDAJEMERGENCY ITEMS
Commissioner Eggert requested the addition of Item 7.H., Block
Grant.
County Administrator Chandler requested the addition of Item
11.H., a report by Utility Services Director Terry Pinto on
legislation regarding right-of-way for utilities.
Chairman Tippin requested the addition of Item 13.A.3., New
Horizon request for letter of support and Item 13.A.4., Request for
appointment of a Commissioner to Sheriff's budget review committee.
Commissioner Macht requested addition of Item 13.B.1.,
Refinancing Impact Fees, Item 13.B.2., Unfunded Mandates; Item
13.B.3., Joint Meeting with the School Board; and Item 13.B.4.,
Report on Courthouse Opening.
Commissioner Adams requested addition of Item 13.C., Report on
Sebastian Inlet District Meeting.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously added the
above items to the Agenda.
BOOK 91 FACE 1 006
MAR 2 2 1994
8009 91 FACE 10077
PROCLAMATIONS AND PRESENTATIONS
Chairman Bird read aloud the following Proclamation honoring
Lawrence Benedict for his service to the County and presented it to
him:
P R O C L A M A T I O N
WHEREAS, Lawrence Benedict announces his retirement from
Indian River County Board of County Commissioners effective March
24,;1994.
WHEREAS, Lawrence Benedict was hired on March 11, 1981, with
the Solid Waste/Refuse Division,"as a Maintenance Worker. This
position was reclassified to Crew Leader. In 1983 Mr. Benedict
transferred to Public Works/Parks Division, as a Motor Equipment
Operator; however, this position was reclassified in 1988 to a
Maintenance Worker V which is the position he currently holds.
WHEREAS, Lawrence Benedict has demonstrated excellent
standards of quality, safety, and dedication in performing his
daily duties. His attendance was continually. rated as outstanding
throughout his tenure. Mr. Benedict has been a credit to the
County and will be missed by his fellow co-workers.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board on
behalf of Indian River County wishes to express its appreciation
for the performance and dedication of Lawrence -Benedict.
BE IT FURTHER PROCLAIMED that the Board wishes him the very
best in his future endeavors.
Dated this 22nd day of March 1994.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY \ ILI
John WL/T in
Chairman
N
Chairman Bird read aloud the following Proclamation, which was
accepted by Lance Kirkbride of the Exchange Club:
PROCLAMATION
DESIGNATING APRIL, 1994 AS
CHILD ABUSE PREVENTION NINTH
'IN INDIAN RIVER COU:1'Y, FLORIDA
-AREAS, child abuse and neglect is a serious and growing
problem affecting more than two million of our nation's children
annually and of children locally; and
WHEREAS, the societal malignancy called child abuse and
neglect respects no racial, religious, class, or geographical
boundaries and, in fact, has been declared a national emergency;
and
WHEREAS, the Exchange Club C.A.S.T.L.E. of the Treasure
Coast, Inc., through its support of parent aide programs,
parenting classes and educational programs, is making significant
progress in stopping this crime against our nations and
community's children and families:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the entire
month of April, 1994 be observed as
CHILD ABUSE PREVENTION NDNTH
in Indian River County, and the
this time to better understand,
grievous problem.
Board urges all citizens to use
recognize and respond to this
The Board further' congratulates the Exchange Club
C.A.S.T.L.E. for its continued success in helping families break
free from the cycle of child abuse.
Adopted this 22 day of March, 1994.
K
BOARD OF COUNTY CONbUSSIONERS
INDIAN RIVER COUNTY, FLORIDA
John W. Tippin, I C a iman
BAR 2 300E 91 PAGE 100 9
21994 J
r MAR 2 2 1994 boar 91. f�Au 00
Chairman Bird read aloud the following Proclamation, which was
accepted by Walter Biscoe of the Amara Shrine Temple:
PROCLAMATION
DESIGNATING APRIL 1 THROUGH APRIL 10, 1994
AS "SHRINERS CRUSADE TO HELP CRIPPLED CHILDREN•
DRIVE" IN INDIAN RIVER COUNTY, FLORIDA
.' WHEREAS, the Amara Shrine Temple, having served over 800
active patients from the counties of Indian River, Martin, St.
Lucie, Palm Beach and Okeechobee during the past year through the
Shriner Hospitals for Crippled Children, meeting their needs for
orthopedic and burn care; and
WHEREAS, the Amara Temple is a part of 720,000 Shriners
throughout North America that support 19 orthopedic hospitals and
3 burn institutes that provide specialized expert care for needy
children up to their 18th birthday absolutely FREE; and
WHEREAS, this large group of Shriners of North America made
this commitment over 70 years ago to help needy crippled and
burned victims get the expert long term care they need to have a
chance for a healthy normal productive life; and
WHEREAS; it is recognized that in order to continue this
great service and tradition of caring, it is necessary to enlist
the help and support of individuals of the community, and ask
them to take a moment to learn more about these hospitals and
burn care units so that the public can refer a child needing such
services to us; and
WHEREAS,.'this request for public support is made only once a
year. A free newspaper is given to all, telling of the Shriners'
Crusade to help these needy children:
NOW, THEREFORE, BE -IT PROCLAIMED BY THE BOARD OF COUNTY
COMUSSIONERS OF INDIAN RIVER COUNTY, FLORIDA that April 1
through April 10, 1994 be designated as
SHRINERS CRUSADE TO HELP CRIPPLED CHILDREN DRIVE
in Indian River County, and the Board further urges all citizens
of this county to show their appreciation to the Shriners for
their good works both on a local and national level for the
benefit of all .
Adopted this 22 day of March, 1994.
4
BOARD OF COUNTY CONMSSIONERS
INDIAN RIVER COUN'T'Y, FLORIDA
John' W. Tipping v a firman _
� � s
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of February 22, 1994. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board approved the Minutes of
the Regular Meeting of February 22, 1994, as
written.
The Chairman asked if there were any additions or corrections
to the Minutes of the Special Meeting of February 24, 1994. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved the Minutes
of the Special Meeting of February 24, 1994, as
written.
CONSENT AGENDA
A. Reports
The following were received and placed on file in the office
of Clerk to the Board:
Delta Farms Water Control District list of 1993 meetings and
schedule of meetings for 1994
Vero Lakes Water Control District General Purpose Financial
Statements as of September 30, 1993
B. Resignation of John D. Orcutt from Land Acquisition Advisory
Board and Environmental Control Hearing Board
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously accepted,
with regret, the resignation of John D. Orcutt, Jr.,
from the Land Acquisition Advisory Board and the
Environmental Control Hearing Board.
C. Purchase Authorization - Oslo RoadJOld Dixie Right -of -Way
Parcel #113 - James and Gene Morris
The Board reviewed memo from Capital Projects Manager Terry
Thompson dated March 14, 1994:
4
7
600'K 91 F.Au of
BOOK 91 PAGE 1011
TO: James E. Chandler,
County Administrator
THROUGH: James W. DavisP.E.,
Public Works Director CONSENT AGENDA
FROM: Terry B. Thompson, P.E.e_�
Capital Projects Manager
SUBJECT: Purchase Authorization
Oslo Road/Old Dixie Right -of -Way
Parcel #113 James and Gene Morris
DATE: March 14, 1994 FILE: eiOMIS.AM
DESCRIPTION AND CONDITIONS
The County plans to widen and signalize the intersection of Oslo
Road and Old Dixie Highway. Additional right-of-way is needed from
the Morris parcel on Oslo Road behind the southwest corner
property.
The property owner has agreed to sell the needed right-of-way to
the County for $2.30 per square foot. The County recently
purchased right-of-way on the southwest and northwest corners from
the Helseths for $2.30 per square foot.
Attached is contract for purchase of right-of-way parcel #113 that
has been executed by James and Gene Morris. The purchase price of
$11,608, based on $2.30 per square foot, has been increased to
$12,000 to include $391.56 in real estate taxes paid by the
Morris's from 1984 thru 1993 on the Indian River County owned
maintenance area of Oslo Road.
RECOMMENDATIONS AND FUNDING
Staff recommends the Board accept the $12,000 purchase price for
parcel #113.
Funding is available in Traffic Impact Fee District 6 - Account No.
101-156-541-067.43.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the Contract for Sale and Purchase with Gene E. and
James N. Morris in the amount of $12,000 for right-
of-way on Oslo Road, as recommended by staff.
CONTRACT FOR SALE AND PURCHASE
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
6
D. 53rd Street Right -of -Way Acquisition; Alfred Scopinich
The Board reviewed memo from County Right -of -Way Agent Don
Finney dated March 14, 1994:
TO: James E. Chandler
County Administrator
TMWUGH: James W. Davis, P.E.
Public Works Director'"_
FROM: Donald G. Finney, SRA'.
County Right -of -Way Agent CONSENT AGENDA
BUWZCT: 53th Street Right -of -Way Acquisition; Alfred Scopinich
(U.S. #1 to Old Dixie Hwy.)
DATE: March 14, 1994
DESCRIPTION AND CONDITIONS
Indian River County has an existing thirty foot (301) right-of-way
on 53rd Street between U.S. Highway #1 and Old Dixie Highway.
Sixty feet (601) of Additional right-of-way is needed to be able to
pave the existing dirt road, as necessitated by the connection of
Indian River Boulevard to 53rd Street.
The property owner has executed a contract at $29,000 for the 601
x 270' right-of-way needed. The owner has also executed the deed
which is being held in trust until closing. An appraisal was
prepared and the value is justified (copy attached).
RECOMMENDATION
County staff requests the Board of County Commissioners approve the
purchase and direct the Chairman to execute the contract.
FUNDING
Account No. 101-154-541-067.42
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, .the Board unanimously approved
the Contract for Sale and Purchase with Alfred P.
Scopinich for the Ackers Family Trust in the amount
of $29,000 for right-of-way on the north side of
53rd Street between U.S.#1 and Old Dixie Highway, as
recommended by staff.
CONTRACT FOR SALE AND PURCHASE
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
7
MAR
BooK 91 PAr,4012-
1994 BOQK. 91 FAGF.1013
E. Award Bid #4063 - Air Conditioners for Jail
The Board reviewed memo from Purchasing Manager Fran Boynton
Powell dated March 15, 1994:
DATE: March 15, 1994
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County A nistrator
H.T. "Sonny" Dean, Director
General Services
FROM: Fran 'Boynton Powell, Purchasing Manager
SUBJ: Award Bid #4063/Air Conditioners for Jail
Buildings and Grounds
BACKGROUND INFORMATION:
Bid Opening Date: March 9, 1994
Advertising Dates: Feb 23, March 2., 1994
Specifications Mailed to: Seventeen (17) Vendors
Replies: Two (2) Vendors
q VENDOR BID TOTAL
Climatic Corporation $15,548.00
Vero Beach, F1
Irvine Mechanical $17,906.00
Orlando, FL
TOTAL AMOUNT OF BID $15,548.00
SOURCE OF FUNDS 001-220-519-041.23 Building Opr-County
Buildings Air Conditioning Account.
ESTIMATED BUDGET $16,000.00
RECOMMENDATION
Staff recommends that the bid be awarded to Climatic
Corporation as the lowest, most responsive and responsible
bidder meeting specifications as set forth in the
Invitation to Bid.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously awarded Bid
#4063 for air conditioners for the Jail to Climatic
Corporation in the amount of $15,548, as recommended
by staff.
8
F. Miscellaneous Budget Amendment #013
The Board reviewed memo from OMB Director Joe Baird dated
0
March 15, 1994:
TO: Members of the Board
of County Commissioners
DATE: March 15, 1994
SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 013
CONSENT AGENDA
FROM: Joseph A. Bair
OMB Director
DESCRIPTION AND CONDITIONS
The attached budget amendment is to appropriate funding for the following.
1. At their meeting of January 18, 1994, the Board of County
Commissioners approved the televising of Board of County
Commissioners meetings and additional other special meetings. This
budget amendment will appropriate funding for the televising.
2. At the September 7, 1993 meeting, the Board of County
Commiissioners approved a contract for $17,976 with the Viro Group
for the contamination assessment of the underground storage tank at
the County Administration Building. There was $5,000 allocated in
Buildings and Grounds budget in fiscal year 1993/94. This budget
amendment will allocate the difference.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget
amendment number 013.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
Budget Amendment No. 013:
9
BOOK, 91, f'Au.
MAR 2 2 199
F'
MAR 2 2 I994,
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird
OMB Director
am, 91 PAu1015-7
BUDGET AMENDMENT. 013
DATE: March 15, 1994
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
EXPENSE
GENERAL FUND
Reserve for Contingency
001-199-581-099.91
$0
$2,200
GENERAL FUND/BCC
Other Reporter Services
001-101-511-03332
$2,200
$0
2.
EXPENSE
GENERAL FUND
Reserve for Contingency
001-199-581-099.91
$0
$12,976
GENERAL FUND/Buildings and
Grounds
Mechanical Systems/Alterations
001-220-519-041.24
$12,976
$0
G. Reauest for Proposals — Bond Counsel
The Board reviewed memo from OMB Director Joe Baird dated
March 16, 1994:
INDIAN RIVER COUNTY
INTER -OFFICE MEMORANDUM
OFFICE OF MANAGEMENT AND BUDGET
TO:. Members of the Board
of County Commissioners
DATE: March 16, 1994
SUBJECT: REQUEST FOR PROPOSALS - BOND COUNSEL
CONSENT AGENDA
FROM: Joseph A. Bairly
OMB Director
DESCRIPTION AND CONDITIONS
Staff would like permission to have the county's financial advisor send 'out Request for
Proposals for bond counsel. The Request for Proposals will be for the General Obligation
Bond issue to purchase environmentally sensitive land and the P.E.P. Reef.
e
RECOMMENDATION
Staff recommends that the Board of County Commissioners authorize staff to proceed.
10
� � i
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously authorized
staff to proceed with Request for Proposals for bond
counsel regarding the General Obligation Bond issue
to purchase environmentally sensitive land and the
P-.E.P. Reef, as recommended by staff.
H. Block Grant - CSBG Housing Rehabilitation
The Board reviewed memo from I.R.C. Housing Authority Director
Guy Decker dated March 16, 1994:
TO: The Honorable Members of DATE: March 16, 1994 FILE:
the Board of County Commissioners
THROUGH: H. T. "Sonny" Dean, Director
Department of General Service
SUBJECT: Community services Block Grant
Housing Rehabilitation Program
Federal Fiscal Year 1994
FROM: Guy L. Decker, Jr. REFERENCES:
Executive Director
I.R.C. Housing Authority
It is recommended that the data herein presented be given formal
consideration by the County Commission.
DESCRIPTION AND CONDITIONS:
The State of Florida's Department of Community Affairs has once
again allocated $6,016.00 to Indian River County under their C.S.B.G.
Program, and the Housing Authority would like to utilize this grant
to provide rehabilitation housing consulting services which activates
rehabilitation funding from governmental sources. This program will
run from April 1, 1994 to September 30, 1994.
The Farmers Home Administration Section 504 Program provides
housing rehabilitation loans and grants to low-income and elderly
persons who lack the finances to make their homes decent, safe and
sanitary and free of health and safety defects.
This 1994 Program is targeted in the Sebastian area of the County
and 14 low-income and elderly owners will have their homes brought up
to safe and sanitary standards. It's also targeted in Wabasso and
Winter Beach areas.
ALTERNATIVES AND ANALYSIS:
This is our twelfth year of funding under legislation passed by
the Congress which consolidates various social programs into the block
grant categories.
11
BAR21994 800F�9�..
J
r MAR 22 1994
RECOMMENDATION:
BOOK 91 PAGE 1017
We respectfully request the County Commission to authorize its
Chairman to execute the Award Agreement for submission to the
Department of Community Affairs for this C.S.B.G. grant.
This program will bring about improvements in safety and sanita-
tion for fourteen (14) homeowners with an average cost of $5,000 per
unit. The $6,016 grant plus $2,695 in cash and in-kind contributions
by the Housing Authority will be supplemented with $72,000 in loans
and grants from the Farmers Home Administration.
This program requires no additional County funds.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously authorized
the Chairman to execute the Award Agreement for
submission to Department of Community Affairs, as
recommended by staff.
PARTIALLY EXECUTED COPY OF GRANT AWARD AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
PUBLIC HEARING - RALPH L. EVANS. TRUSTEE, AND OTHERS REQUEST TO
REZONE APPROXIMATELY 115 ACRES FROM IL AND A-1 TO CG
Commissioner Bird announced a conflict of interest and filed
the necessary form with the Clerk's office. He advised that his
real estate firm has the listing for properties under consideration
and he would refrain from discussing this matter.
Whereupon, Commissioner Bird left the Commission Chambers.
MEMORANDUM OF VOTING CONFLICT FORM 8B
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
12
The hour of 9:05 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 shed
at he Is Business Manager of the Beach in Indian River County, Florida;that he attached copy of advertisement, ro Beach Press-Joumal. a daily rbll
at Verobeing
s
IT, the me ter of
in the Court, was pub -
fished In said newspaper in the Issues of
Affiant further says that the said Vero Beach Press-Joumal 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 dally 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 neitherher says that he has rse any person, firm
or corporation discountnt �ebate. commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before mPhis day of D. 19'.
•'QQ�. �Sq ( ne s Manager)
.•• 0. ri0 T,q �? BARBf RA C. SPRAGUE. NOTARY PURL IC.
Stele d Fla a, M Gammiss. L-
m Number: CC3COSM
�Jun6i�m�pQmr��P%i� : m : fi
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'9%`� • .L IG . •P • •Notary: BARRARA C. SPRAGUE P
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Subject Property
111 RM -
NOTICE — PUBLIC HEARING
Notice of hearing to consider the adoption of a
county ordinance rezoning land from: IL, Light In-
dustrialDand 1aItural District, stt.1u5 acres) o CG,Ger al Commercial District.
The subject property is presently owned by Ralph
L.' Evans, Trustee, Eldon Amandus, and David 0.
Remmert. The subject property is located west of
Interstate 95, approximately 660 feet south of
State Road 60, and contains approximately 115
acres. The subject property Hes In the southwest
and southeast 1/a sections of Section 3, Township
33S, Range 38E, lying and being In Indian River
County, Florida.
A public hearing at which parties In interest and
dtaens shall have an opportunity to be heard, will
be held by the Board of Countyy Commissioners of
Indian River County, Florida, In the County Commis-
sion Chambers of the County Administration Build-
ing, located at 1640 25th Street, Vero Beach, Flor-
ida on Tuesday, March 22, 1994, at 9:05 a.m.
The Board of County Commissioners may adopt
another zoning district, other than the district re-
quested, provided it is within the same general use
category.
Anyone who may wish to appeal any decision
which may be made at this meeting will need to en-
sure that a verbatim record of the proceedings is
made, which includes testimony and evidence upon
which the appeal Is basedne who needs .
this tmoeetinp must contactspecial cAccommodation
untyy's oAm ca for
with Disabilities Act (ADA) Coordinator at 567-8000
extension 223 at least 48 flours in advance of
meeting.
Indian River County
Board of Countyy Commissioners
By: -s -John W. T'Ippin, Chairman
March 2, 1994 1076727
BOOK 91 FACE 101Y
MAR 2 2 1994 Bou 91 FAU
Community Development Director Bob Keating commented from the
following:
TO: James E. Chandler
County Administrator
7oberf
WENT HEAD CONCURRENCE
. K%Irldtinft, A
Community Devel me nirector
THRU: Sasan Rohani, AICP � -a� -
Chief, Long -Ran a Planning
FROM: John Wachtel
Senior Planner, Long -Range Planning
DATE: March 10, 1994
RE: RALPH L. EVANS, TRUSTEE, AND OTHERS REQUEST TO REZONE
APPROXIMATELY 115 ACRES FROM IL AND A-1 TO CG
(RZON 93-11-0129)
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of March 22, 1994.
DESCRIPTION AND CONDITIONS
This is a request to rezone approximately 115 acres from IL, Light
Industrial District, and A-1, Agricultural District (up to 1 unit/5
acres) to CG, General Commercial District. Located approximately
660 feet south of S.R. 60, on the west side of I-95, the subject
property consists of several parcels owned by either Ralph L.
Evans, trustee, or Eldon D. Amandus and David O. Remmert. The
purpose of this request is to secure the necessary zoning to
develop the site with an outlet mall.
On January 27, 1994, the Planning and Zoning Commission voted 6-0
to recommend that the Board of County Commissioners approve this
request to rezone the subject property to CG.
Existina'Land Use Pattern
The subject property consists of -vacant land. Approximately 109.5
acres of the site are currently zoned IL, while the remaining 5.5
acres are zoned A-1. A 75 foot wide permanent easement for the
Houston, Texas Gas and Oil Corporation crosses the southwest corner
of the subject property. Also, an approximately 12.8 acre man-made
lake exists on the site. This lake, sometimes referred to as a
borrow pit, was originally excavated to provide fill for the
construction of I-95. This lake presently drains a large area,
including the subject property.
North of the subject property, the land is zoned CG and is
generally vacant. The exception is a tract containing two
nonconforming single-family homes, a billboard, and a radio tower.
The land west of the subject property is zoned A-1 and contains
citrus groves and the New Hibiscus Airpark. To the south is A-1
zoned land containing groves and vacant, uncleared land zoned RM -6.
East of the subject property is I-95.
14
Future Land Use Pattern
The subject property is designated
the future land use map. Properties
are also designated C/I. Land to
Medium -Density Residential -1 on the
designation permits residential u
units/acre.
Environment
C/I, Commercial/Industrial on
to the north, east, and west
the south is designated M-1,
future.land use map. The M-1
us with a density up to 8
The subject property is partially on the "Ten Mile Ridge", a
geologic formation with permeable soils, which is identified in the
county comprehensive plan as a primary recharge area of the
surficial groundwater aquifer. As identified on federal flood
insurance rate maps, approximately the west quarter of the subject
Property is within a 100 -year floodplain.
The subject property consists of native upland plant communities
and wetland areas. The western portion of the property was
historically planted with row crops, but has not been farmed in
years. Native upland areas of the property are in the categories
of pine flatwoods and "scrubby" flatwoods, with some xeric scrub
vegetation (e.g., scrub live oak). Jurisdictional wetlands on the
property include areas of wet prairie and forested hardwood wetland
(red maple).
The Florida Game and Fresh Water Fish Commission (GFWFC) has
observed on the subject property signs of Sherman's fox squirrel,
which is a State listed "species of special concern". Other rare
"listed" species observed or potentially on site include the
southeastern American kestrel, Florida pine snake, gopher turtle,
gopher frog, Florida mouse, and Florida scrub jay. Rare plants on
the subject property (listed by the Florida Department of
Agricultural and Consumer Services (FDA)) include the Rein orchid,
netted chain fern, and prickly pear cactus.
Utilities and Services
The site is within the Urban Service Area of the county. Potable
water will be provided to the site from the South County Reverse
Osmosis Plant, while wastewater will be provided by the West County
Wastewater Treatment Plant. Utility lines to the site are
presently under construction and scheduled to be completed by the
middle of May of this year.
Transportation System
The property does not currently have access to any county roads.
The applicant intends to provide access to the site, via S.R. 60,
prior to site development. From I-95 west to the Osceola County
line, S.R. 60 is a two-lane paved road with 100 feet of existing
public road right-of-way and is classified as a rural principal
arterial on the future roadway thoroughfare plan map. This segment
of S.R. 60 is programmed for expansion to four lanes and 200 feet
of public road right-of-way.
The site also abuts I-95 which is classified as a
arterial on the future roadway thoroughfare plan
four lane paved road with 300 feet of public road
95 is not currently programmed for expansion.
15
n urban principal
map. I-95 is a
right-of-way. I -
500A 91 FnE 10.0
MAR 2 2 1994 WOK 91 PACE 102 1
Zoning District Differences
As noted in the county's Land Development Regulations (LDRs), the
IL zoning district is intended to accommodate employment centers in
the form of limited manufacturing and industrial activities. In
contrast, the CG zoning district is programmed to accommodate
general retail sales and selected service activities.
The difference between the IL and CG zoning districts is best
illustrated by the respective purpose statements of each of the two
districts. These purpose statements are as follows:
• IL, Light Industrial District, is intended to provide
opportunities for limited manufacturing and industrial uses
and to promote the establishment of employment centers which
are accessible to urban services and facilities, the area
labor force, and local industrial and business markets while
minimizing the potential for any adverse impacts upon nearby
properties.
CG, General Commercial District, is intended to provide areas
for the development of general retail sales and selected
service activities. The CG district is not intended to
provide for heavy commercial activities, such as commercial
service uses, heavy repair services nor industrial uses.
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 area;
• consistency with the comprehensive plan;
• potential impact on environmental quality; and
• the appropriateness of the CG district.
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 LDRs 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.
As per section 910.07(2) of the Concurrency Management Chapter of
the County's LDRs, projects which do not increase density or
intensity of use are exempt from concurrency requirements. The
109.5 acre IL zoned portion of the subject property is exempt from
concurrency review because the requested zoning would not increase
the use intensity'of that portion of the subject property.
16
� � r
By changing the zoning of that portion of the subject property from
IL to CG, various uses not currently allowed will be permitted on
the site. However, because the most intense use of that land would
be the same with either zoning district, changing that land's
zoning from IL to CG will not create additional impacts on any
concurrency facilities.
When new development is proposed for the subject property, a more
detailed concurrency analysis will be conducted during the
development approval process.
The remaining 5.*5 acres of the subject property, zoned A-1, are
subject to concurrency review, because rezoning that property to CG
would increase the use intensity of the land. 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. For
commercial and industrial rezoning requests, the most intense use
(according to the county's LDRs) is retail commercial with 10,000
square feet of gross floor area per acre of land proposed for
rezoning. The information used for the concurrency analysis of the
agriculturally zoned portion of the subject property is as follows:
1. Size of Area to be Rezoned: #5.5 acres
2. Existing Zoning District: A-1, Agricultural District (up
to 1 unit/5 acres)
3. Proposed Zoning District: CG, General Commercial District
4. Most Intense Use of Subject
Property under Existing
Zoning District: 1 Dwelling Unit (DU)
5. Most Intense Use of Subject Property under Proposed Zoning
District: 55,000 sq. ft. of Retail Commercial (Shopping Center
in the 5th Edition ITE Manual)
- Transportation
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 S.R. 60 would not be lowered. The site
information used for determining traffic is as follows:
Existing Zoning District (A-1)
1. Residential Use Identified in 5th -Edition ITE Manual: Single -
Family
2. Average Weekday Trip Ends: 1 DU X 9.55 trip ends/DU = 10
3. P.M. Peak Hour Trip ends: 1 DU X 1.01 trip/DU = 1
Proposed Zonina District (CG)
1. Retail Commercial use Identified in 5th Edition ITE Manual:
Shopping Center
2. For 55,000 square foot structures:
a. Average Weekday Vehicle Trip Ends:
83.75/1000 gross sq. ft.
17
MAR 2 2 1994 BOOK 9A FAGE 1022
J
F'
MAR 22 1994, BOOK
b. 5-6 p.m. Peak Hour Vehicle Trip Ends:
8.15/1000 gross sq. ft.
91 PAGF 1023 I
3. Formula for Determining Total New Trip Ends:
Total Square Footage X Vehicle Trip Rate X
Percentage New Trips
(trip distribution based on a Modified Gravity Model)
a. Total Average Weekday Trip Ends:
55,000 X 83.75/1000 = 4,606
b. Total PLM. Peak Hour/Peak Season Trip Ends:
55,000 X 8.15/1000 = 448
c. Percentage New Trip Ends: 49 percent
d. New Total Average Weekday Trip Ends: 0.49 X 4,606 = 2,257
e. New P.M. Peak Hour/Peak Season Trip Ends: 0.49 X 448 = 220
- Inbound: 50 percent of 220 = 110
- Outbound: 50 percent of 220 = 110
4. Peak Direction of S.R. 60 from C.R. 512 to I-95: Eastbound
5. Traffic Capacity on S.R. 60 from C.R. 512 to I-95 at a Level
of Service "D": 540 peak hour/peak season/peak direction trips
6. Existing Traffic volume on this segment of S.R. 60:
367 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 is
10. This was determined by multiplying the 1 DU (most intense use)
by ITE's single-family residential factor of 9.55 Average Daily -
Trip Ends/DU.
The number of peak hour/peak season/peak direction trip ends
associated with the most intense use of the subject property under
the existing zoning is 1. This was determined* by multiplying 1 DU
(most intense use) by ITE's single-family residential factor of
1.01 peak hour trip ends/DU.
The number of Average Weekday Trip Ends associated with the most
intense use of the subject property under the requested zoning is
4,606. This was determined by multiplying 55,000 square feet of
shopping center use (most intense use) by ITE's shopping center
factor of 83.75 Average Weekday Trip Ends/1000 square feet.
The number of peak hour/peak season/peak direction trip ends
associated with the most intense use of the subject property under
the requested zoning is 448. This was determined by multiplying
55,000 square feet of shopping center use (most intense use) by
ITE's factor of 8.15 peak hour trip ends/1000 square feet.
The ITE has determined that 49 percent of the trip ends associated
with the most intense use of the subject property under the
requested zoning would be new trip ends. Therefore, 49 percent of
the 4,606 Average Weekday Trip Ends, or 2,257, would be new.
Similarly, 49 percent, or 220, of the 448 P.M. Peak Hour Trip Ends
associated with the most intense use of the subject property under
the requested zoning would be new.
According to ITE, 50 percent, or 110,
Trip Ends would be outbound, and 50
Therefore, the most intense use of the
18
of the New P.M. Peak Hour
percent would be inbound.
subject property under the
requested zoning would generate 110 new p.m. peak hour/peak
season/peak direction trips. This is 109 more than the one trip
generated by the most intense use of the subject property under the
present zoning.
Using a modified gravity model and a hand assignment, the peak
hour/peak season/peak direction trips generated by the proposed use
were then assigned to impacted roads on the network. Impacted
roads are defined in section 910.09(4)(b)3 of the county's LDRs as
roadway segments which receive five percent or more of the project
traffic or fifty or more of the project trips, whichever is less.
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 S.R. 60 adjacent to this
site is 540 trips (peak hour/peak season/peak direction) at a Level
of Service "D", while the existing traffic volume on this segment
of S.R. 60 is 367 trips (peak hour/peak season/peak direction).
The additional 110 peak hour/peak season/peak direction trips
created by the most intense development of the proposed zoning
district would increase the total peak hour/peak season/peak
direction trips for this segment of S.R. 60 to approximately 477.
Based on staff analysis, S.R. 60 and all other impacted roads can
accommodate the additional trips without decreasing their existing
levels of service.
The table below identifies each of the impacted roadway segments
associated with this rezoning request. 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)
Segment
Roadway
Segment
Road
From
To
Capacity
LOS "D"
1.220
I-95
C.R. 512
S.R. 60
3530
1910
S.R. 60
C.R. 512
I-95
540
1915
S.R. 60
I-95
82nd Avenue
1680
1920
S.R. 60
82nd Avenue
66th Avenue
1760
1925
S.R. 60
66th Avenue
58th Avenue
1760
1930
S.R. 60
58th Avenue
43rd Avenue
2650
1935
S.R. 60
43rd Avenue
27th Avenue
2650
2020
16th Street
58th Avenue
43rd Avenue
830
2210
12th Street
82nd Avenue
58th Avenue
890
2220
12th Street
58th Avenue
43rd Avenue
830
2470
27th Avenue
16th Street
S.R. 60
830
2480
27th Avenue
S.R. 60
Atlantic Blvd.
830
2530
Oslo Rd.
82nd Avenue
58th Avenue
630
2930
43rd Avenue
16th Street
S.R. 60
830
2935
43rd Avenue
S.R. 60
26th Street
830
3015
58th Avenue
8th Street
12th Street
630
3020
58th Avenue
12th Street
16th Street
630
3025
58th Avenue
16th Street
S.R. 60
830
3030
58th Avenue
S.R. 60
41st Street
830
3035
58th Avenue
41st Street
45th Street
630
3040
58th Avenue
45th Street
49th Street
630
3120
66th Avenue
S.R. 60
26th Street
630
19
MAR 2 2 1994
BOOK 0 PpGF 1:02
MAR 2 2 1994
q
500f91 PAGE 102
Roadway
Segment
Road
From
To
segment
Capacity
LOS "D"
3130
66th Avenue
26th Street
41st Street
.630
3140
66th Avenue
41st Street
45th Street
630
3310
82nd Avenue
Oslo Rd.
4th Street
630
3320
82nd Avenue
4th Street
12th Street
630
3330
82nd Avenue
12th Street
S.R. 60
630
3340
82nd Avenue
S.R. 60
65th Street
630
4330
45th Street
58th Avenue
43rd Avenue
630
4420
41st Street
66th Avenue
58th Avenue
630
4430
41st Street
58th Avenue
43rd Avenue
630
4720
26th Street
66th Avenue
58th Avenue
630
4910
4th Street
82nd Avenue
58th Avenue
630
Existing Demand Total Available Positive
Roadway Ex st'ng Vested Segment Segment Project Concurrency
Segment Volume Volume Demand Capacity Demand Determination
1220
1030
16
1046
2484
10
Y
1910
367
77
444
96
10
Y
1915
906
247
1153
527
90
Y
1920
1012
168
1180
580
65
Y
1925
1012
206
1218
542
50
Y
1930
1040
512
1552
1098
20
Y
1935
612
306
918
1732
10
Y
2020
144
108
252
578
5
Y
2210
96
10
106
784
5
Y
2220
96
26
122
708
5
Y
2470
369
30
399
431
5
Y
2480
369
15
384
446
5
Y
2530
193
29
122
408
5'
Y
2.930
662
45
707
123
5
Y
2935
425
96
521
309
5
Y
3015
186
33
219
411
5
Y
3020
186
48
234
396
10
Y
3025
474
221
695
135
15
Y
3030
523
117
640
190
15
Y
3035
435
24
459
171
10
Y
3040
332
21
353
277
5
Y
3120
201
5
206
424
15
Y
3130
177
7
184
446
10
Y
3140
177
7
184
446
5
Y
3310
116
8
124
506
10
Y
3320
116
9
125
505
15
Y
3330
227
30
257
373
20
Y
3340
65
12
77
553
5
Y
4330
263
15
278
352
5
Y
4420
152
30
182
448
5
Y
4430
152
42
194
436
5
Y
4720
147
6
153
477
5
Y
4910
117
13
130
500
5
Y
- Water
The most intense commercial use of the subject property will result
in water consumption at a rate of 16.5 Equivalent Residential Units
(ERUs), or 4,125 gallons/day. This is based upon a level of
service of 250 gallons/ERU/day. The subject property will be
serviced by the South County Reverse Osmosis Plant. This plant has
a remaining capacity of approximately 2,400,000 gallons/day and can
accommodate the additional demand generated by the proposed zoning
district.
- Wastewater
The subject property will be serviced by the West County Wastewater
Plant. Based upon the most intense use allowed under the proposed
zoning district, development of the property will have a wastewater
generation rate of approximately 16.5 Equivalent Residential Units
(ERUs), or 4,125 gallons/day. This is based upon the level of
service standard of 250 gallons/ERU/day. The West County
20
Wastewater Plant currently has a remaining capacity of more than
400,000 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. For a 55,000 square foot
commercial development on the subject site, solid waste generation
would be approximately 275 Waste Generation Units (WGUs) or 815
cubic yards of solid waste/year. A WGU is a Waste Generation Unit
measurement equivalent to 2.9625 cubic yards of waste/year.
While WGUs are units of measurement which can be applied to either
commercial or residential uses,. WGUs must be considered in terms of
residential units in order to correspond to the county's solid
waste level of service standards. According to the county's solid
waste regulations, each residential unit generates 1.6 WGUs/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 (275 X
1.25 X 2.37 = 815 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, 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. The
subject property is located within the M-1 Drainage Basin and the
Indian River Farms Water Control District (IRFWCD). Since the site
is located within the IRFWCD, development on the property will be
prohibited from discharging any runoff in excess of two inches in
a 24 hour period, which is the approved IRFWCD discharge rate.
In this case, the minimum floor elevation level of service
standards do not apply, since the portion of the subject property
undergoing the concurrency review (the portion presently zoned A-1)
does not lie within a floodplain. However, both the on-site
retention and discharge standards also apply to this request. With
the most intense use of this site under the proposed zoning, the
maximum area of impervious surface will be approximately 179,685
square feet, or 4.125 acres. The maximum runoff volume, based on
that amount of impervious surface and the 25 year/24 hour design
storm, will be approximately 184,000 cubic feet. In order to
maintain the county's adopted level of service, the applicant will
be required to retain approximately 144,000 cubic feet of runoff
on-site. With the soil characteristics of the subject property,
the pre -development runoff rate is estimated to be 24.6 cubic
feet/second.`
21
dO.Qlt 91, FADE 4,0
BOOK
91 PACE 1027-1
Based upon staff's analysis, the drainage level of service
standards will be met by limiting off-site discharge to the
IRFWCDIs maximum discharge rate of two inches in 24 hours, and
requiring retention of 144,000 cubic feet of runoff for the most
intense use of the property.
As with all development, a more detailed review will be conducted
during the development approval process.
- Recreation
Recreation concurrency requirements apply only to residential
development. Therefore, this rezoning request would not be
required to satisfy recreation concurrency requirements.
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.
Potential Impacts on Environmental Quality
The proposed rezoning will have no significant adverse
environmental impacts. This is because the subject property is
presently zoned substantially for industrial use, and the proposed
rezoning will not affect the extent of environmental protection
regulatory requirements. For example, regardless of the zoning
district, any alteration of wetlands as part of site development
will be subject to local, state and federal permitting, including
mitigation requirements.
The County's 15 percent native upland set-aside requirement (or
fee -in -lieu) will apply to site development. In accordance with
County Code Section 929.09, any developer of the subject property
will be required to conduct an environmental survey and coordinate
with county environmental planning staff, the GFWFC, and the U.S.
Fish and Wildlife Service to protect identified rare species to the
"extent feasible", in conjunction with site development.
Compatibility with the Surrounding Area
Staff's position is that the proposed rezoning will reduce
potential compatibility, problems which could occur between the
subject property and surrounding areas. Since the site borders CG
zoning on the north, the request is for a� continuation of an
existing zoning pattern.
The principal impacts of development of the subject property will
be on the residentially designated, but currently undeveloped,
areas south of the subject property. Although traffic generation
is greater than that associated with industrial development, the
predominately office and retail uses permitted in the requested CG
zoning district are generally more compatible with residential uses
than are the noise, fumes, and chemical by-products -often
associated with the manufacturing uses allowed in the IL district.
Potential impacts can often be mitigated through the site planning
process and buffer requirements. At approximately 115 acres in
size, the subject property is large enough to buffer itself from
adjacent residentially designated land to the south. The county's
LDRs require development in the CG zoning district to provide a
type B buffer along borders abutting single-family uses or
22
� � i
� s �
districts, and a type C buffer along borders abutting multiple -
family uses or districts. Development in the IL zoning district
must provide a type A buffer along borders abutting residential
uses or districts.
Finally, a portion of the subject property falls within the noise
impact zone of New Hibiscus Airpark. However, under the proposed
zoning, incompatibilities due to this factor are not anticipated,
since, as noted in section 911.17(4)(c)2a of the county's LDRs,
general retail trade is permitted in such areas. For these
reasons, staff feels that general commercial development on the
subject property -would be compatible with surrounding areas.
Consistency with Comprehensive Plan
Rezoning requests are reviewed for consistency with all policies of
the comprehensive plan. Rezonings must also be consistent with the
overall designation of land uses as depicted on the Future Land Use
Map, which include agriculture, residential, recreation,
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 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
equestare the following policies and objectives.
- Future Land Use Element Policy 1.15
Future Land Use Element Policy 1.15 states that the commercial land
use designation is intended for uses such as retail and wholesale
trade, offices, business and personal services, residential
treatment centers, limited residential uses, and other similar type
uses. In addition, that policy states that all commercial uses
must be located within an existing or future urban service area.
Since the subject property is located within a commercial/
industrial node within the county's urban service area, the request
is consistent with Future Land Use Element Policy 1.15.
- Future -Land Use Element Policy 2.5
Future Land Use Element Policy 2.5 states that the County shall
encourage and direct growth into the Urban Service Area. The
subject property is located within the Urban Service Area and is
undeveloped. To develop the property, according the applicant's
plans, the subject property must be rezoned to CG. Therefore,
rezoning the subject property will encourage development on the
site and is consistent with Future Land Use Element Policy 2.5.
- Future Land Use Policy 4.3
Future Land Use Policy 4.3 states that activity centers, such as
large commercial developments, shall be located within commercial
and industrial nodes to ensure efficient utilization of the
transportation network. Since the subject property is within a
commercial/industrial node, the proposed request is consistent with
Future Land Use Policy 4.3.
23
MAR 2 21994 BOOK 91 FAGUE 102
L_ 19�
MAR 22 1994 BOOK
- Economic Development Element Objectives 1 and 6
91 PAGE 102
Economic Development Element Objective 1 states that the county
will reduce its unemployment rate. Economic Development Element
Objective 6 states that the county's LDRs will encourage economic
development. Consistent with the county's LDRs, the requested
zoning would allow the land owner to proceed with plans for a large
outlet mall. The construction of that mall would boost the
development industry locally, as well as provide many full- and
part-time jobs. Therefore, the request is consistent with Economic
Development Element Objectives 1 and 6.
As part of the staff analysis, all policies in the comprehensive
plan were considered. Based on this analysis, staff determined
that the proposed zoning district is consistent with the
comprehensive plan.
Appropriateness of the CG District
The site has characteristics required for both industrial and
commercial uses. Located within a commercial/industrial node, and
near a major intersection, the site has the convenient access
preferred by both commercial and industrial uses. Additionally,
the site is currently isolated from development that may be
negatively impacted by industrial uses. However, based on current
zoning; future development near the site is likely to be
residential and commercial. For this reason, the less intense CG
zoning is more appropriate for the site than IL zoning, which,
according the county's LDRs, is intended to minimize potential
adverse impacts on nearby land.
CONCLUSION
The requested zoning is compatible with the surrounding area,
consistent with the goals, objectives, and policies of the
comprehensive plan, and meets all applicable concurrency criteria.
The subject property is located in an area deemed suitable for
commercial uses, and the request has met all applicable criteria.
Staff supports the request.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve
this request to rezone the subject property from IL and A-1 to CG.
Director Keating explained that the applicant submitted a
request to the State Department of Community Affairs for a binding
letter of determination that the size and magnitude of the
development as proposed does not constitute a Development of
Regional Impact (DRI). It is staff's understanding that the
binding letter will be issued in the next few weeks. That letter
will cover the first two phases of the property, which is slightly
more than 300,000 square feet. When the third phase is considered,
the property will become a DRI and the applicant will undergo the
DRI process. i _
24
Commissioner Adams led discussion regarding the access road,
and Director Keating advised that the applicant negotiated an
easement for access with the property owners to the north. That
easement and access road are reflected on the site plan which will
be submitted to the Planning & Zoning Commission.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Attorney Bruce Barkett, representing William L. Knight, one of
the owners of properties lying east and west of the subject parcel,
clarified that his client is not opposed to the rezoning. They are
concerned because the access proposed in the site plan presents a
problem for Mr. Knight's property. Mr. Barkett conceded that
access is not a consideration for the Board at a public hearing to
consider rezoning, but he had an obligation to go on the record at
the earliest possible time to make his concerns known. Mr. Barkett
submitted the following letter and cautioned that this access
problem must be worked out before site planning can be approved or
there will be opposition from William L. Knight and possibly from
the Department of Transportation (DOT).
MAR -21-94 Motel IZ :3? P.02
KEITH and SCHNARS RA.
ENGINEERS &PLANNERS*SURVSVOR8
March 21, 1994
William L, Knight
President
Knight Enterprises, Inc.
2255 Glades Road, Suite 219A
Boca Raton, Florida 33431
RS: Sootion 88081-2403 - SR 9 (1-95)
Interchange 1.96 and SR 60
Indian River County - Right of Way
Keith and Schnars Project No.: 94.178
Dear Mr. Knight
In reviewing the plans prepared by Knight, McGuire and Associates, Inc., Consultant,
Engineers and Planners, Vero Beach, FL., dated 1/27194, the following comments are
offered on the design that Is contemplated to serve the Outlet Mall at Vero Beach.
25
MAR 2 2 1994 BOW y9;' WE ff'
R
eooK 91 FacF101
The comments raised by this memorandum deal with s review of the LACK of design
standards that are being utilized for this major driveway to serve the Outlet Mall at Vero
Beach, as well as adjacent properties owned by others. The Manual On Uniform
State of Florida, even though applicable to public streets and highways in Florida, has
been utilized in a number of cases in the State of Florida which indicate that when a
roadway, public or private, invites the public to enter and utilize the facilities then the
designer and the person that constructs the roadway should, as a minimum, meet those
standards as set forth within the manual.
Our review of the design dated 1127194 is as follows:
P_
The reverse curves at the north end are approximately 112' radii. A radius this sharp
would require an 8% cross -slope superelevatlon for a 20 mph design speed, however,
because they are so close together it is impossible to develop this cross -slope.
Also an 8% cross -slope would require almost a 7 ft. difference between the right and left
side of the roadway.
PABT 11
The southern most curve appears to be a 180' radius. This sharp of a curve would
require a 40A cross -slope. For the same reasons as above, this is not acceptable. The
relation of the southern curve to the northern reverse curves is less than sharp
(approximately 100). The curves are what Is referred to as broken back curves. Broken
back curves are not an acceptable design.
Based on our professional review, I would recommend strongly that the roadway to serve
the outlet Mall and other properties be designed in such a fashion as to provide safe and
adequate access in the future and that any modification to the median on a temporary
basis be considered so that ultimately the property to the north of SR 60 develops that
everything can be served by one properly designed intersection. My recommendation
would be that this roadway needs to be realigned and straightened in order to eliminate
the undesirable and unsafe curves that currently exist.
Yours truly,
AND SCHNARS, P.A.
Arnold Ramos, PE., P.L.
Executive Vice President
8900 North Andrews Avenue - Ft. Lauderdale, FL 33308.2132 • (30s) 778.1818 • Fax (308) 771.7660
Commissioner Adams asked, and Mr. Barkett clarified that the
Knight mentioned in the name of the firm of consulting engineers is
no relation to William L. Knight.
26
Attorney Ralph L. Evans, representing the applicant, agreed
that the access road is not an issue to be discussed at a public
hearing to consider rezoning. He assured the Board that all
parties, including the DOT, have been aware of the problem of
limited access. Part of the site plan recommendation is to make
access available to everybody, and Mr. Evans assured the Board that
the applicant is attempting to do that.
It was determined that no one else wished to be heard and the
Chairman closed the public hearing.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Adams, to adopt Ordinance 94-05,
amending the zoning ordinance and the accompanying
zoning map from IL and A-1 to CG, for the property
located west of I-95 approximately 660 feet south of
SR -60, described herein, and providing for effective
date.
Under discussion, Commissioner Macht asked, and Director
Keating confirmed that the site plan recommendations include the
provision for a legal instrument or vehicle to accommodate access
from that roadway to adjacent properties, and staff will work with
the applicant to ensure that occurs. Staff's position is that the
design is the best it can be. Director Keating further assured the
Board that the access road problem can be worked out and will not
affect the applicability of the zoning.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously (4-0,
Commissioner Bird having left Chambers after
declaring a conflict of interest).
ORDINANCE NO. 94-5
AN ORDINANCE OF INDIAN RIVER COUNTY,,. FLORIDA, AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM IL AND
A-1 TO�CG "--FOR THE PROPERTY LOPW-F$ WEST OF INTERSTATE 95
APPROXIMATELY 660 FEET SOUTH OF STATE ROAD 60, AND DESCRIBED
HEREIN, AND PROVIDING FOR EFFECTIVE,'DATE.
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
27
BOOK1
r BOOK 91 PACE -1033-1
MAR 22 1994
9
ORDINANCE NO. 94- 5
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:
THE SOUTH 1/2 OF TRACT 11, AND ALL OF TRACT 14, IN SECTION 3,
TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST
GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS'COMPANY FILED IN
PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY,
FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER
COUNTY, FLORIDA; LESS AND EXCEPT ANY PORTION OF SAID PROPERTY
CONTAINED IN DEEDS RECORDED IN OFFICIAL RECORDS BOOK 243, PAGE
410 AND OFFICIAL RECORDS BOOK 269, PAGE 43, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; AND TOGETHER WITH AN EASEMENT
FOR INGRESS AND EGRESS AS DESCRIBED IN OFFICIAL RECORDS BOOK
429, PAGE 351, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
AND ALSO: THE SOUTH 5 ACRES OF THE WEST 10 ACRES OF TRACT 10,
SECTION 3, TOWNSHIP 33 SOUTH,'RANGE 38 EAST, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE
SAID TRACT 10 AND RUN S 0020'12" W 86.74 FEET TO A POINT,
THENCE RUN S '0032'43" W ALONG THE WEST LINE OF TRACT 10 A
DISTANCE OF 584.35 FEET TO A POINT OF BEGINNING, THENCE RUN S
89000'51" E 325.14 FEET TO A POINT, THENCE RUN S 0032143" W
669.86 FEET TO A POINT ON THE SOUTH LINE OF TRACT 10, THENCE
RUN ALONG THE SOUTH LINE N 89000151 W 325.14 FEET TO THE
SOUTfIWEST CORNER OF TRACT 10, THENCE RUN N 0032'43" E 669.86
FEET'TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 5.00#
ACRES, LYING IN INDIAN RIVER COUNTY, FLORIDA.
AND ALSO THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE
SOUTHEAST CORNER OF TRACT 10, SECTION 3, TOWNSHIP 33 SOUTH,
RANGE 38 EAST, THENCE RUN N 89000'51 W ALONG THE SOUTH LINE OF
TRACT 10 A DISTANCE OF 210.85 FEET TO A POINT OF BEGINNING,
THENCE RUN ALONG THE SOUTH LINE N 89000'51 W 112.89 FEET TO
THE SOUTHWEST CORNER OF THE EAST 10 ACRES OF TRACT 10, THENCE
RUN N 0042'36" E ALONG THE SAID WEST LINE 331.30 FEET TO A
POINT IN THE WEST RIGHT-OF-WAY OF INTERSTATE 95, THENCE RUN
ALONG THE SAID RIGHT-OF-WAY S 25050'44" E RIGHT-OF-WAY, E
51.12 FEET-rO A POINT, THENCE RUN ALONG THE SAID RIGHT-OF-WAY,
S 16045'28" E 299.95 FEET TO THE POINT OF BEGINNING. SAID
PARCEL CONTAINING 0.46# ACRES, LYING IN INDIAN RIVER COUNTY
FLORIDA..
28
ORDINANCE NO. 94-5
AND ALSO: ALL OF TRACT 10, IN SECTION 3, TOWNSHIP 33 SOUTH,
RANGE 38 EAST, ALL ACCORDING TO THE PLAT OF INDIAN RIVER FARMS
COMPANY, RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND
BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT THE
EAST 10 ACRES, LESS AND EXCEPT THE SOUTH 5 ACRES OF THE WEST
10 ACRES, LESS AND EXCEPT THOSE PORTIONS OF TRACT 10 AS
DESCRIBED IN DEED BOOK 111, PAGE 235, OFFICIAL RECORDS BOOK
176, PAGE 286, AND OFFICIAL RECORDS BOOK 624, PAGE 1200,
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
AND ALSO: ALL OF TRACTS 15 AND 16, LYING WEST OF THE RIGHT-OF-
WAY OF INTERSTATE 95, IN SECTION 3, TOWNSHIP 33 SOUTH, RANGE
38 EAST, ALL ACCORDING TO THE PLAT OF INDIAN RIVER FARMS
COMPANY, RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF
ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN
INDIAN RIVER COUNTY, FLORIDA.
ALL LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
Be changed from IL and A-1 to CG.
All with the meaning and intent and as set forth and described in
County Land Development Regulations.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 22nd -day of March, 1994.
This ordinance was advertised in the Vero Beach Press -Journal
on the 2nd day of March, 1994 for a public hearing to be held on
the 22nd day of March, 1994 at which time it was moved for adoption
by Commissioner Eggert , seconded by -Commissioner Adams
, and adopted by the following vote:
Chairman John W. Tippin aye
Vice -Chairman Kenneth R. Macht aye
Commissioner Fran B. Adams aie
Commissioner Richard N. Bird ahctaineri
Commissioner Carolyn K. Eggert aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
John W. upvin; Chairman
'j• PL^�i. 'i
ATTEST BY:
Jeffrey K B rtor�, Clerk
B1 f id�c.
Acknowledgment by the Department of State of the State of Florida
this 29th day of March , 1994.
Effective Date: Acknowledgment from the Department of State
received on this 31st day of March , 1994, at 10:00 A, M.
A.M./RxM. 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
r �•: ' _Z/
William G. Collins II, Deputy County Attorney
Robert M. Ke tin , A
Community Development—Director
29
5005. 91 PAGE �O�'7
bou 91 FACE 103�
Whereupon, Commissioner Bird returned to the meeting.
PUBLIC HEARING - THE HOUSING GROUP, INC. "S REOUEST FOR PLANNED
DEVELOPMENT SPECIAL EXCEPTION USE AND CONCEPTUAL PLAN APPROVAL FOR
A MULTI -FAMILY RESIDENTIAL APARTMENT COMPLEX TO BE KNOWN AS INDIAN
RIVER APARTMENTS
The hour of 9:05 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 -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
In the matter of
CITY LI MITS
N
a'
S 'Q Site
RM -8, '
GOV l OT 6
2
RM710 ,
in the was pub-
,
PUBLIC HEARING
/Court,
Ilshed in said newspaper In the issues of �
hearing
Notice ti heu t0 consider the rn of s
o granting pe- .
cial exception use approval for a planned residential
development. The subect property Is presently
owned by Strazzulla Brothers Company, and lo-
cated in Section 07, Township 33 and Range 40. - -
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
See the above map for the location.
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
A public hearing at which parties In Interest and
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-
be held d have p tl opportunity �� ��d, w@
rs of
of ountthyg
Indian
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
Rivery Cour
,the Florida,ridaIn
- 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
or
Sion Chambers of County Administration Build -
d-
Ing, located at 1840 25th Street, Vero Beach, Fior-
y
advertisement for publication in the said newspaper.
Ida on Tuesday, March 22,1994 at 9:05 a.m.
Anyone who may wish to appeal any decision
............
•''.. SOO@ no subscribed bei e m his day of D. 19
......1.
which may be made at this meeting will need to en-
sure that a verbatim record of the proceedings 19
Includes tesftony
_ rbQ.e q•.,,, y�` � f- U,���,� N
9.
made, which and evidence upon
which the appeal Is based.
.
Z: . tV%\: ( iness Manager)
ANYONE WHO NEEDS A SPECIAL ACCOMMODA-
�
My Comm. Expires z BARBARA C SPRAGUE. NOTARY PUBLIC.
TION FOR THIS MEETING MUST CONTACT THE
J Jne 29 1997 Stale of Flarida. Mr Gw m5sian Lna June 29 1907
COUNTY'S AMERICANS WITH DISABILITIES ACT
�. No CC300 i72 = Commis ion Number: CC300572
(SEAL
(ADA) COORDINATOR AT 567-8000 X223 AT
LEAST 48 HOURS IN ADVANCE OF THE MEET-
�7 : Q-,'
•'`+•a•�-" pQ'.• Signed:
Notary: BARBARA C. SPRAGUE
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
BY -s -John W. Tippin
March 5, 1994 1078213
Planning Director Stan Boling commented from the following:
30
TO: James Chandler
County Administrator
D ION HEAD CONCURRENCE:
AM -A :9
Rober M. KebLt1n(J,,J AICP
Community Development actor
THROUGH: Stan Boling, AICP
Planning Director
FROM: Eric Blad
Staff Plan/ r, Current Development
DATE: March 15, 1994
SUBJECT: The Housing Group, Inc. Is Request for Planned Development
(P.D.) Special Exception Use and Conceptual Plan Approval
for a Multi -Family Residential Apartment Complex to be
Known as Indian River Apartments [PD-94-05-04/IRC
#94020072-002]
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of March 22, 1994.
DESCRIPTION AND CONDITIONS:
Carter Associates, Inc. has submitted an application for planned
development special exception use and conceptual plan approval on
behalf of the Housing Group, Inc. for the Indian River Apartments
project, a 180 unit planned development. The subject site is
located at 1350 Indian River Boulevard, approximately 3/8 of a mile
south of 17th Street on both sides (east and west) of the
Boulevard. The 180 unit apartment complex and most recreational
facilities are to be developed solely on the west side of the
Boulevard, while stormwater retention tracts, and walking trails
are to be provided on the east side of the Boulevard.
The subject property's upland areas are zoned RM -8, Multi -Family
Residential (up to 8 units per acre), and its environmentally
sensitive (wetland) areas are zoned Con -2. Conservation 2 (up to 1
unit per 40 acres). The land use designation is M-2, Low Density
Residential (up to 10 units per acre) on the west side of the
Boulevard. The east side of the Boulevard has a land use
designation of M-2 and C-2, Conservation (up to 1 unit per 40
acres).
Under the provisions of section 915.08, density from the project C-
2/Con-2 areas maybe transferred to upland areas of the site in the
amount of 1 unit per acre. Although no such density transfer is
requested at this time, the developer has applied for an affordable
housing density bonus, which is available through the P.D. approval
process. The method of qualifying for and obtaining the affordable
housing bonus will be discussed in the analysis portion of this
report.
31
BooK+,c 103
LZ
-AR 2 2194
eoox 91 Fa,F1Q37
On March 10, 1994, the Planning and Zoning Commission voted 5-0 in
favor of recommending that the Board of County Commissioners grant
PD special exception use and conceptual plan approval with the
conditions stated at the end of this report (see attachment #5).
It is now the Board of County Commissioners duty to consider
granting, granting with conditions, or denying this request.
ANALYSIS:
1. Size of Development: 50.72 acres
Environmentally sensitive land 33.05 acres
I.R. Blvd. right-of-way to -be -dedicated .96 acres
Uplands 16.71 acres
Total Site: 50.72 acres
2. Zoning Classification: RM -8, Residential Multi -Family
District (up to 8 units per acre) and Con -2, Conservation 2 up
to 1 unit per 40 acres.
3. Land Use Designation: M-2, Medium Density (up to 10 units per
acre) and C-21 Conservation (up to l unit per 40 acres)
4. Number of Units: Phase 1: 88
Phase 2: 92
Total: 180
5. Building Area: Phase 1: 47,480 sq. ft.
Phase 2: 46,609 sq. ft.
Total: 94,089 sq. ft.
6. Recreational Areas: Phase 1: 94,089 sq. ft.
Phase 2: 0 sq. ft.
Total: 94,089 sq. ft.
Proposed recreational areas include a clubhouse, swimming
pool, "tot lot" play area, walking trails, and a boat ramp
located on the west side of the Boulevard along the project's
14th Street canal frontage. The proposed ramp is to be used
only by project residents and will not be open to the general
public. Prior to release of the project site plan, the
applicant will need to verify that it has riparian rights to
use and access the canal.
7. Impervious Area: Phase 1: 156,816 sq. ft.
Phase 2: 95,832 sq. ft.
Total: 252,648 sq. ft.
8. Open Space: _
Required Provided
Phase 1: 30% 89%'of total site
Phase 2 (build -out): 30% 85% of total site
9. Off -Street Parking:
Required Provided
Phase 1: 176 spaces 195 spaces
Phase 2: 184 spaces 166 spaces
Total: 360 spaces 361 spaces
Note: Any boat storage areas to be provided must be in
addition to vehicle parking spaces, and must be screened from
adjacent properties.
32
10. Affordable Housing Density Bonus: This project qualifies for
an affordable housing density bonus incentive available to
P.D. projects that will include affordable housing (see
attachment #4). Pursuant to these provisions, the project can
use a density bonus of up to 30 units in return for
constructing 38 affordable housing rental units (equal to 21%
of the total 180 units). As indicated in the "Density"
section of this report, the applicant Is requesting to use 25
"bonus" units.
11. Density:
Uplands west of Indian River Boulevard (14.17 acres): 113 units
Uplands east of Indian River Boulevard ( 3.50 acres): 28 units
Transferred from (uplands) Indian River Boulevard
donation (2.86 acres): _ 22 units
Area deleted from the project for additional
right-of-way (0.96 acres): =8 units
*Affordable Housing Density Bonus: 25 units
TOTAL: 180 units
*Maximum affordable housing density bonus for providing 21%
affordable housing (38 units): (20.53 upland acres X 10 units/acre
CLUP) X .15 = 30.80 or 30 units. In return for building 38
affordable housing units, a density bonus of up to 30 units is
allowed.
12. Utilities: The proposed development will be serviced by the
County Utility Services Department for both potable water and
wastewater services. Connection to these services is required
and has been approved by both County Utility Services and
Environmental Health Unit Services (HRS).
13. Traffic: The development will be accessed from Indian River
Boulevard, and provided with an emergency access from 3rd
Court. The submitted.traffic analysis indicates that no off-
site improvements are needed to area roadways or existing
intersections. The County Traffic Engineering Department,
under the direction of the Director of Public Works, has
approved a project access which provides for northbound and
southbound Boulevard ingress to the project. Egress from the
site will be restricted to a right -out only onto the
Boulevard. The developer will be required to provide
Boulevard deceleration lanes and median improvements at the
entrance to the site as part of the development of Phase 1.
The submitted conceptual traffic circulation plan and traffic
analysis have been approved by the Traffic Engineering
Department for internal circulation and site access, subject
to the condition that egress from the site onto Indian River
Boulevard be restricted to "right -out" movements only.
As recommended by staff, an emergency access connection to 3rd
Court has been proposed by the developer. This access point
is to be for emergency purposes only and is to be gated.
Final design and operational aspects of the access point will
be approved -by Emergency Management and Public Works later in
the P.D. site plan approval process.
14. Stormwater Management: The conceptual stormwater management
plan proposes that the majority of project stormwater tract
areas be located on the east side of the Boulevard. Public
Works has approved the stormwater management plan on a
conceptual level, subject to approval of the final plan which
will be reviewed during subsequent approval proceedings.
6001( �1 PAGE1038
MAR 22 1994
r-
MAR 22 1994
Booz 91 FAUF 1039
—7
15. Environmental Issues: Walkways are depicted on the conceptual
plan and are to be located within wetland areas. These
walkways would connect to the parcel on the west side of
Indian River Boulevard by running the walkways underneath the
Indian River Boulevard bridge. Approval of running the
walkway under the bridge has not yet been granted and must be
further reviewed by Public Works and Risk Management.
The extent of the wetlands on the east and west sides of
Indian River Boulevard will need to be delineated and verified
by jurisdictional agencies (i.e., the Army Corps of Engineers
and St. Johns River Water Management District). Once these
areas are identified, a County Wetland Resource Permit will be
required, including the requirement of mitigation for any
proposed wetland filling. Mitigation credit may be given for
stormwater tract littoral zone areas. Environmental planning
staff has indicated that, conceptually, the plan is feasible,
subject to the approval of jurisdictional agencies.*
Environmental planning staff is aware of an Indian midden
along the project's shoreline, and has determined that
development of the project will present no impact upon the
archeological site. Therefore, the conceptual plan satisfies
the county's requirements relating to archeological resources.
16. Concurrency: The applicant has obtained a conditional
concurrency certificate for the proposed project. Therefore,
all applicable concurrency requirements related to conceptual
plan approval are satisfied.
RECOMMENDATION:
-Based on the above analysis, staff recommends that the Board of
County Commissioners grant P.D. special exception use and
conceptual plan approval with the following conditions:
1. That prior to .the issuance of a Certificate of Occupancy
(C.O.) for any portion of the project, all improvements
depicted within the Indian River Boulevard right-of-way and
east of the Boulevard right-of-way be included in Phase 1 of
the project and be installed.
2. That prior to issuance of a land development permit for the
project, the property owner shall document riparian rights
for access to and use of the 14th Street canal.
3. That prior to issuance of a land development permit, the
applicant shall obtain a County Wetland Resource Permit,
including the requirements - of mitigation for any wetland
filling on the project site.
4. That egress from the site onto Indian River Boulevard be
limited to "right -out" movements only.
5. That in return for a density bonus of 25 project units, the
project be restricted to a maximum of 180 residential units
and a minimum of 38 affordable housing rental units at project
build -out. In addition, the following conditions apply:
a. Prior to site plan release, the
the county a letter from a
verifying that the project is
federal housing program which
affordable housing requirements
in LDR section 911.14(4) and
34
applicant shall submit to
state or federal agency
committed to a state or
satisfies the county's
for rental units as found
that a state or federal
agency will monitor project compliance with affordable
housing requirements.
b. That prior to issuance of a Certificate of Occupancy
(C.O.) for any affordable housing rental units, the
developer shall comply with the deed covenant
requirements of LDR section 911.14(4)(a)2.f. (see
attachment $4).
c. At any given time during project construction and
completion, at least 21% of the total number of C.O.'d
units shall be affordable housing rental units.
Commissioner Eggert led discussion regarding the emergency
access at the southwest portion of the project, and she considered
it important to have that exit installed early in the construction
phase.
Director Boling directed the Board's attention to the enlarged
graphic and indicated the location of the emergency access point as
well as the boat ramp and the project entrance at Indian River
Boulevard. He advised that all these improvements are included in
the first phase of the project.
Commissioner Eggert preferred to add as a condition of
approval to have those improvements completed before the
Certificate of Occupancy (C.O.) is issued.
Commissioner Macht was concerned about the worn condition of
13th Street, and felt that an emergency access at that location
would aggravate the condition. He wanted assurance that the
permanent access point will not be onto 13th Street. He also noted
that the entire area becomes flooded with a 3- or 4 -inch rain.
Director Boling advised that the developer will need proper
stormwater permits from the County. The current proposal is to
handle runoff with a perimeter swale system along the border of the
project and the stormwater system underneath Indian River
Boulevard.
Commissioner Macht led discussion regarding removal of exotic
species from Government Lots (GL) 4 and 5.
Community Development Director Bob Keating explained that the
Comprehensive Plan requires removal of exotic species on property
that is developed, but GL 4 and 5 are separate tracts and may not
be part of this project.
Discussion ensued regarding removal of exotic species, and
Director Keating assured the Board that staff will follow the law
and work out with the developer any question on the removal of
exotic species.
35
i
L—,MAR 1994 aooK 91 r,�u.1Ue
r MAR 2, ``�
BG�K 91 Ft.GF ��� 1
Commissioner Adams led discussion regarding the code on
affordable housing density and asked for estimates of rental which
will be charged for this affordable housing.
Director Boling explained that Federal and State government
rules will be followed and the project will be monitored by the
State. He listed the estimated rentals for various sizes of
housing units and stated that the developer must have a certain
percentage of units available at affordable rates.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Peg McAllister, property owner in Rockridge, asked for a
definition of "emergency." She asked whether garbage trucks will
use that emergency access.
Director Boling clarified that the emergency access will be
used by County emergency services: fire, ambulance or police. The
emergency services would use the primary access on Indian River
Boulevard under normal circumstances but if there is a problem
getting into the project, the emergency access will be a second way
in. Director Boling stressed that garbage trucks would not use
that access.
Bill Nelson, 230 14th Street, was concerned about the number
of units to be constructed, and he noted that 180 units on 14.7
acres is more than 10 units per acre. He read aloud from the
record of the Planning & zoning Commission's Meeting on September
27, 1984, as follows: "The land use designation for 21 acres of
` the property is medium density residential which allows up to 10
units per acre. While the R-2 zoning allows a maximum of 12.1
units per acre, the developers have submitted a letter stating that
they will not exceed 10 units to comply with the Comprehensive
Plan." Mr. Nelson asked if there was a letter stating that the
developer will not exceed 10 units per acre.
Director Boling clarified that the density is calculated on
the entire 54+/- acres because County regulations base density on
the gross site. The developer can cluster the housing units and
leave room for green space, golf courses, stormwater management and
other uses.
Julie Livesay, 1421 5th Avenue, agreed with Mr. Nelson's
contention that the developer promised to not exceed 10 units per
36
acre, but her greater concern is construction traffic. She was
worried that the heavy trucks will travel on the neighborhood
streets and cause wear and tear. She also asked whether the fill
will cause drainage problems, because Rockridge is a low area.
Commissioner Bird assured her that the developer's equipment
will use the Indian River Boulevard access. The 13th Street
emergency access will be a private entrance with a locked gate.
The project manager and the emergency services will have the
combination or the key, and use of that access is strictly for
emergency situations.
Mrs. Livesay asked if they will build a wall first.
Director Keating responded that the emergency access point
will be gated.
Phil McAllister, resident of Rockridge, was concerned about
the stormwater runoff. He characterized 3rd Court and 13th Street
"like a pool" which will be turned into a river because there is no
place for the water to go.
Commissioner Eggert assured him that the drainage problems
will be resolved before the project is finalized.
Commissioner Bird led discussion regarding a requirement that
all vehicles leave and enter the site from Indian River Boulevard
and not have access to the site from 13th Street. If that means
the developer must put up a fence and gate and secure that area
from the beginning of the project, we should make that a condition
of the approval.
Jeff Meehan, 892 Osceola Avenue, Winter Park, representing the
developer, addressed the issue of the emergency access. He pointed
out that emergency access works in two directions. If there is an
emergency in Rockridge and the roads are blocked, those residents
have a secondary means of access for emergency services as well.
Regarding construction traffic, Mr. Meehan assured everyone that
the developer has no intention of entering the project from 13th
Street, and he agreed that as a condition of approval the developer
will construct a fence and gate at that location.
It was determined that no one else wished to be heard and the
Chairman closed the public hearing. o
37
MAR 221991 MoK ,91 Fm,r1o42
MAP 29-7
8m 91 FAcE1Q43
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Bird, to approve The Housing Group
Inc.'s request for Planned Development (P.D.)
special exception use and conceptual plan for a
multi -family residential apartment complex to be
known as Indian River Apartments with the five
conditions listed in staff's memorandum and two
additional conditions: that a construction fence be
placed at the western exit from the project during
construction; and that an emergency gate be
installed before the first Certificate of Occupancy
is granted.
Under discussion, Commissioner Macht was worried about how
this project will affect drainage in Rockridge, specifically 3rd
Street. He asked how we arrive at a measure of whether the
proposed project will affect drainage, and asked for assurance of
staff's judgment regarding the impact the project will have on
drainage.
Public Works Director Jim Davis explained the design of Indian
River Boulevard. In Phase 1 some of the drainage pipes under
Indian River Boulevard were too small, so when Phase 2 was designed
a bridge was constructed over the 14th Street Canal. That canal
has been dredged over the past three years which has enhanced the
flow from west to east, because the 14th Street Canal is tidal and
has sufficient capacity for runoff. In addition, a large concrete
pipe was incorporated under the roadway just south of the bridge,
and that pipe drains the subject site. Director Davis was
confident that the project's perimeter swale systems will be
` adequate to drain water under the boulevard through the concrete
pipe that was built.
Commissioner Eggert asked whether that drainage system will
help Rockridge drainage. -
Director Davis clarified that the subject property is not
receiving a lot of water from the Rockridge Subdivision. The
problem in Rockridge is that the finished floor elevations of the
homes are low, and with high tide and easterly winds, it is
difficult to move water out of that low-lying area.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
38
s � �
AN ORDINANCE OF INDIAN RIVER COUNTY, TRANSFERRING CHAPTER 13,
ARTICLE II, SOLID WASTE DISPOSAL, TO CHAPTER 204 OF THE 1990
EDITION OF THE INDIAN RIVER COUNTY CODE
The hour of 9:05 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 -Journal, a daily newspaper published
at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being
'iV2
in the matter of
In the 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 sold 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 allacbed 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. ��yy''__ __ __ ////AA''
Sworn to and subscribed before me•this day of/�1�Z A.D. 19JL0110-1
�0 .•N�� �l�-. 1r' Ipysin6es.Manager)
AnRPnA C spnAGUE. NOTAnY PUBLIC,
✓ie del • s Stals of Florida, My ("w"'55for
xp ,Ma
9�iIles m= Commission Number: CC300S72
F! AR1O - �"aif BARA V. SPRAQUO
The Board Of County C,oEfnmissioners of Indian
River County, Florida, tweby proy�s
.. Pubpc scheduled for 9:05 a.m. own Tu�ay
March 22, 1 to discuss the following proposed;
ordnance entitled:
AN ORDINANCE OF INDIAN RIVER COUN- R .;
TY, FLORIDA, TRANSFERRING CHAPTER
13, ARTICLE 0 — SOLID WASTE DIS-
POSAL TO CHAPTER 204 OF THE 1990
EDITION OF THE INDIAN RIVER COUNTY .
CODE.
Anyone who may wish to appeal any decision which
may be made at the Public Hearing on March 22,
1994 wID need to ensure that a verbatim record of
the proceedings is made, which Includes testimony
and evldence upon which the appeal Is based.
March 3,1994 = ..1077176
The Board reviewed memo from Assistant County Attorney Terry
O'Brien dated March 15, 1994:
39
BOOK.. 91 P",UC104y
r MAR 2 2
no 91 vacE 104 � —7
TO: Board of County Commissioners
FROM: Terrence P. O'Brien - Assistant County Attorney
DATE: March 15, 1994
RE: PUBLIC HEARING - March 22, 1994
SUBJECT: PROPOSED ORDINANCE ENTITLED:
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA TRANSFERRING CHAPTER 13,
ARTICLE II - SOLID WASTE DISPOSAL TO
CHAPTER 204 OF THE 1990 EDITION OF THE
INDIAN RIVER COUNTY CODE.
This item came before the Board on February 15, 1994 and was
approved for public hearing. The attached ordinance transfers
Chapter 13, Article II, Solid Waste Disposal to Chapter 204 of the 1990
edition of the Indian River County Code and completes the transition to
the new code.
REQUEST: Staff recommends approval of the attached proposed
ordinance.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
public hearing.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board unanimously (3-0,
Commissioners Adams and Bird being temporarily
absent) adopted Ordinance 94-06 transferring Chapter
13, Article II, Solid Waste Disposal, to Chapter 204
of the 1990 edition of the Indian River County Code,
as recommended by staff.
40
M
ORDINANCE 94- 6
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, TRANSFERRING CHAPTER 139 ARTICLE
II - SOLID WASTE DISPOSAL TO CHAPTER 204 OF
THE 1990 EDITION OF THE INDIAN RIVER COUNTY
CODE.
WHEREAS, Indian River County is in the process of transition
from the 1974 edition of the Code of Ordinances to the 1990 edition of
the Code of Ordinances; and
WHEREAS, this change is the final chapter in the transition and is
editorial in nature,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that:
SECTION 1. AMENDMENT.
Article II of Chapter 13 of the 1974 edition to the Code of
Ordinances is hereby transferred to Chapter 204 of the 1990 edition of
the Code of Ordinances as set forth in Appendix "A" to this ordinance.
SECTION 2. REPEAL.
Article II of Chapter 13 of the 1974 edition of the Code of
Ordinances and any and all remaining parts, sections or chapters of
said code, if any, are hereby repealed.
QT. rTTf%?J R 0%[7171D A IITT TTV
If any section, or any sentence, paragraph, phrase, or word of
this ordinance is for any reason held to be unconstitutional.
inoperative, or void, such holding shall not affect the remaining
portions of this ordinance, and it shall be construed to have been the
legislative intent to pass the ordinance without such unconstitutional,
invalid or inoperative part.
SECTION 4. EFFECTIVE DATE.
This ordinance shall become effective upon becoming law.
Approved and adopted by the Board of County Commissioners of
Indian, River County, Florida, on this Z?nd day of March , 1994.
41
MAR 22BooK�. F�asE'104
L.1�
1994
MAR 2 2 1994
Boo,. 91 PnF1041
ORDINANCE 94-6
This ordinance was advertised in the Vero Beach Press -Journal
on the 3rd day of March , 1994, for a public hearing to be held
on the 22nd day of March 1994, at which time it was moved for
adoption by Commissioner Eggert , seconded by Commissioner
M a c h t , and adopted by the following vote:
Chairman John W. Tippin a y e
Vice Chairman Kenneth R. Macht a y e
Commissioner Carolyn K. Eggert a y e
Commissioner Richard N. Bird absent
Commissioner Fran B. Adams absent
BOARD OF COUNTY COMMISSION
INDIAN RIVER COUNTY, FLORIDA
By
!,.,John W. Tip • ' , hairm&n
Attest By
erk, J. K, OA K rd N
Acknowledgement by the Department of State of the State of Florida,
this _23_ day of Marrh , 1994.
Effective date: Acknowledgement from the Department of State received
on this 31stday of March , 1994, at 10:0 a.m/pXiA. and filed in
the Office of the Clerk of the Board of County Commissioners of Indian
River County, Florida.
APPENDIX "A"
CHAPTER 204 SOLID WASTE DISPOSAL
OLD NUMBER TITLE NEW NUMBER
Division I General. Part I
13-9 Definitions. 204.01
13-10 Required use of 204.02
disposal facilities;
depositing of refuse
in unlawful manner.
13-11 Littering. 204.03
�'V
13-12
13-12.1
13-12.2
13-13
13-14
13-15
Division II
13-15.21
13-15.22
13-15.23
13-15.24
13-15.25
13-15.26
13-15.27
13-15.28
13-15.29
13-15.30
Disposal facility 204.04
rules, etc.
No salvaging permitted. 204.05
Use of transfer stations. 204.06
Penalty. 204.07
Applicability. 204.08
Severability. aaot carried over
Solid Waste Disposal Part II
District.
Creation; composition; 204.20
governing body.
Authority for funding 204.21
of district.
Statement of district 204.22
intent and requirements.
Powers of district. 204.23
Definitions. 204.24
Calculation of disposal
204.25
charge; notice to tax-
payers.
Objection to disposal
204.26
charge; creation of ad-
justment board.
Adoption of annual budget;
204.27
adoption of resolution
containing disposal charge
to be imposed.
revocation thereof; fine.
Collection of disposal
204.28
charges by tax collection.
204.32
Disposal charge to govern-
204.29
mental agencies, county
13-15.34
agencies and property owner
204.33
not being taxed.
from district.
13-15.31
Omissions and errors in dis-
204.30
posal services charge roll;
property becoming assessable
after January 1.
13-15.32
Permit requirements for
204.31
handling of special waste;
revocation thereof; fine.
13-15.33
Other fees, rates and
204.32
charges.
13-15.34
Removal of municipalities
204.33
from district.
13-15.35
Prohibited acts.
204.34
43
MAR 2 2 1994 500K 91°' PAGE 104.9
MAR 2 2 190
BOOK
91 PACE 1®49
THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA INC. TASK FORCE
COMMITTEE: 1) FINAL REPORT, AND 2) PETITION PAVING BUDGET AMENDMENT
014
The Board reviewed the following Task Force Committee Final
Report and memo from OMB Director Joe Baird dated March 16, 1994:
Florida East Coast Chapter
The Associated General Contractors of America, Inc.
2617 North Australian Avenue
West Palm Beach, Florida 33407
Telephone: (407) 833-3809
Fax: (407) 833.6024
Please reply to:
INDIAN RIVER COUNTY
FORCE ACCOUNUPRIVATIZATION
TASK FORCE COMMITTEE
FINAL REPORT
2770 North Indian River Boulevard
Suite 304
Vero Beach, Florida 32960
Telephone: (407) 778-1325
Fax: (407) 569-9303
On Tuesday, November 16, 1993 the Indian River County Board of County Commissioners
approved the formation of a Task Force established to review cost differences of force account
work versus contracting with private enterprise.
The Task Force was established, consisting of Committee members Ron Ewing, Vista Properties
of Vero Beach Inc.; John Brenner, AIA, Architects Schutt and Brenner, PA; Ross Cotherman,
CPA, Berger, Harris, Toombs, Elam and McAlpin; Randy Mosby, Mosby and Associates Inc.;
Kelly Crick, Ranger Construction Industries, Inc. and Steve Hall, The Associated General
Contractors of America, Inc.. Indian River County was represented by Mr. Tim Chandler, County
Administrator, Jim Davis, Public Works Director, Joe Baird, Director, Office of Management and
Budget and Terry Cook, Superintendent, Road and Bridge.
The Committee met with County staff approximately six (6) times over a five (5) month period.
The Committee met an additional three (3) times without staff in the office of the Associated
General Contractors of America, Inc. to review material presented by staff in support of
questions raised by the Committee and to establish consistency and continuity in the Committee's
direction.
In an effort to assure that outlays for public spending are done as efficiently and in the most cost
effective manner as possible, relative to the Public Works Department the Task Force submits the
following recommendations:
1. Eliminate the title "Petition Paving" from the Public Works Department.
2. Establish a "Job Cost" accounting system in the Public Works and OMB
Departments that will allow tracking of individual projects to include man
hours, equipment hours and material. Job costing each project will establish
definitive costs for the County and the taxpayer. Property owners will be
44
assured that assessments for their project accurately reflect the true
costs of the project, thereby guaranteeing that their assessments represent
only their fair share. It will also relieve any unfair tax burden on the general
public who bears the remaining cost of special assessments.
3. Consolidate projects whenever possible. Whether projects are "petitioned",
intersections or road improvements the cost to the general public may be
reduced if projects are consolidated. It will even be worthwhile if one or two
projects are delayed temporarily so that others may complete the approval
process in order to realize savings for the County, taxpayer, property owner,
and/or general public.
The Task Force would also like to thank Mr. Tim Chandler and his staff for the professional way
in which they conducted themselves during these meetings. They were always supportive of the
efforts and requests of the Task Force and were instrumental in helping us achieve the ultimate
goal of making appropriate recommendations that are designed to benefit everyone.
TO: Members of the Board
of County Commissioners
DATE: March 16, 1994
SUBJECT: RESULTS OF THE ASSOCIATED GENERAL
CONTRACTORS CONE IIITEE - BUDGET AMENDMENT 014
FROM: Joseph A. Bair
OMB Director
l*
DESCRIPTION AND CONDITIONS
Staff and the Associated General Contractors discussed petition paving and the consensus
was that it should be consolidated into the Road and Bridge budget because of all the
diverse projects they work on. This budget amendment consolidates the Petition Paving
budget into the Road and Bridge budget.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget
amendment number 014.
45
AR 2 2 1994 Bom 91 c,,,F 1050
BOOK 91 FAC, 195 1
Administrator Chandler indicated that staff is in total
concurrence with the recommendations of the committee. He felt
that the process of the meetings was a productive and worthwhile
endeavor. He wished to thank the committee for their commitment in
working through difficult issues.
Steve Hall, representing the Florida East Coast Chapter of the
Associated General Contractors of America, Inc., (AGC) thanked the
Board for the opportunity to work with staff. He agreed that the
relationship between the County and industry has been positive and
wished to see that continue. He offered the help of the AGC in the
future because there are many issues, positive and negative, that
must be dealt with, and communication between the County and
industry brings a positive outcome.
Commissioner Adams asked for clarification on the petition
paving.
Mr. Hall understood that the petition paving program initially
demanded more time, and Public Works assigned personnel exclusively
to the petition paving program. The amount of work in that program
tapered off and the personnel who were in that program began doing
other types of work. As a result, it was difficult to track job
costs for petition paving projects. The recommendation is to
eliminate that terminology to provide more flexibility in work
assignments and to maintain accurate records through job cost
accounting.
Administrator Chandler advised that our accounting system is
being refined in terms of equipment and hourly costs, and we will
be able to track the petition paving by reincorporating it into the
Road & Bridge budget.
Chairman Tippin expressed the Boards thanks to the
organizations and the individuals who served on the committee.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously accepted
the Task Force Committee Final Report and approved
Budget Amendment No. 014:
46
.11
TO: Members of the Board BUDGET AMENDMENT- 014
: of County Commissioners
FROM: Joseph A. Baird DATE: March 16. 1994
OMB Director
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
REVENUES.
PETITION PAVING PROGRAM
Interest Investments
1734000-361-010.00
$0
$50,000
Interest -Tax Collector
173-000-361-032.00
$0
$15,000
Capital Improvement Assessment
173-000-363-110.00
$0
$447,097
Fund Transfers In
173-000-381-020.00
$0
$290,000
Less 5% Estimated Receipts
1734000-389-030.00
$25,605
$0
Cash Forward -October 1
173-000-389-040.00.
$0
$385,263
EXPENSES
PETTTION PAVING PROGRAM
Regular Salaries
173-214-541-011.12
$0
$287,970
Overtime
173-214-541-011.14
$0
$8,000
Special Pay
173-214-541-011.15
$0
$7,300
Social Security
173-214-541-012.11
$0
$18,804
Retirement
173-214-541-012.12
$0
$53,831
Insurance -Life & Health
173-214-541-012.13
$0
$48,183
Worker's Compensation
173-214-541-012.14
$0
$19,895
Medicare Matching
173-214-541-012.17
$0
$.4,398
Engineering Services
173-214-541-033.13
$0
$5,000
G & A Expenses
173-214-541-033.14
$0
$33,482
Other Professional Services
173-214-541-033.19
$0
$40,000
Other Contractual Services
173-214-541-033.49
$0
$24,822
Electric Services
173-214-541-034.31
$0
$5,178
Rent -Heavy Equipment
173-214-541-034.45
$0
$1,000
Maintenance -Auto. '
173-214-541-034.64
$0
$8,000
Maintenance -Heavy Equipment
173-214-541-034.65
$0
$50,000
Maintenance -Other Equipment
173-214-541-034.69
$0
Legal Acts
173-214-541-034.91
$0
Licenses and Permits
173-214-541-034.97
$0
d$35
Fuel and Lube
173-214-541-035.21
$0
MAR z z 1994
47
BOOK 91 PAGE 1052
i
C,
9. , , , E 0
1
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
Tires and, Tubes
173-214-541-035.22
$0
$9,000
Other Operating Supplies
173-214-541-035.29
$0
$39,892
Other Road Material/supplies
173-214-541-035.39
$0
$200,000
Right -of -Way
173-214-541-066.12
$0
$7,000
Road and Bridges
173-214-541-06631
$0
$5,000
Sidewalk/Curb/Gutters
173-214-541-06632
$0
$150,000
Heavy Equipment/WheeVrrack
173-214-541-066.43
$0
$85,000
Commission and Fees
173-214-581-099.88
$0
$10,000
REVENUES
TRANSPORTATION FUND/
Roads and Bridges
Interest Investments
111-000-361-010.00
$50,000
$0
Interest -Tax Collector
111-000-361-032.00
$15,000
$0
Capital Improvement Assessments
111-000-363-110.00
$447,097
$0
Fund Transfers In
111-000-381-0Z0.00
$290,000
$0
Less 5% Estitmated Receipts
111-000-389-030.00
$0
$25,605
Cash Forward -October 1
111-000-389-040.00
$385,263
$0
EXPENSES
TRANSPORTATION FUND/
Roads and Bridges
Regular Salaries
111-214-541-011.12
$287,970
$0
Overtime
111-214-541-011.14
$8,000
$0
Special Pay
111-214-541-011.15
$7,300
$0
Social Security
111-214-541-012.11
$18,804
$0
Retirement
111-214-541-012.12
$53,831
$0
Insurance -Life and Health
111-214-541-012.13
$48,183
$0
Worker's Compensation '
111-214-541-012.14
$19,895
$0
Medicare Matching.
111-214-541-012.17
$4,398
$0
Engineering Services
111-214-541-033.13
$5,000
$0
G & A Expense
111-199-541-033.14
$33,482
$0
Other Professional Services
111-214-541-033.19
$40,000
$0
Other Contractual Services
111-214-541-033.49
$24,822
$0
Electric Service
1111-214-541-034.45
111-214-541-034.31
$5,178
$0
Rent Highway Equipment
$1,000
$0
48
r _ �
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
Maintenance -Automobile
111-214-541-034.64
$8,000
SO
Maintenance -Heavy Equipment
111-214-541-034.65
$50,000
$0
Maintenance -Other Equipment
111-214-541-034.69
$1,500
$0
Legal Ads
111-214-541-034.91
$2,500
$0
License and Permits
111-214-541-034.97
$1,000
$0
Fuel and Lube
111-214-541-035.21
$35,000
$0
Tire and Tube
111-214-541-035.22
$9,000
$0
Other Operating Supplies -
111-214-541-035.29
$39,892
$0
Other Road Material/Supplies
111-214-541-035.39
$200,000
$0
Right -of -Way
111-214-541-066.12
$7,000
$0
Road and Bridges
111-214-541-06631
$5,000
$0
SidewaWCurb/Gutter
111-214-541-06632
$150,000
$0
Heavy Equipment/Wheel/rrack
111-214-541-066.43
$85,000
$0
Commission Fees
111-214-581-099.88
$10,000
$0
DUNE CROSSOVER — TRACKING STATION PARR
The Board reviewed memo from County Administrator Jim Chandler
dated March 11, 1994, and letter from J. C. Dorsky dated March 7,
1994:
TO: Board of County Commissioners DATE: March 11, 1994 FILE:
SUBJECT: Dune Crossover - Tracking
Station Park
FRO James E
County E. Chandler REFERENCES:
nty Administrator
A request from the Town of Indian River Shores to construct a dune crossover
at Tracking Station Park was approved by the Board at the September 21, 1993
meeting ( minutes . attached) .
The Town has requested to modify the original plan by deleting the crossover
and connecting a marl path to the existing county crossover.
Staff has reviewed the request and recommends approval, with the same
conditions as the September 21, 1993 approval.
49
MAR 2 2 1994
r P1AR 22 09��
MAYOR:
ROBERT J.SCHOEN
VICE MAYOR:
CHARLES C. INURMSTEDT
COUNCIL:
GEORGE P. BUNNELL
BARBARAJ.HOLMEN
JOHN E. O'SULLIVAN
TOWN MANAGER;
JOSEPH C. DORSKY
a
March 7, 1994
Mr. James Chandler
County Administrater
Indian River County
1840 25th Street
Vero Beach, Florida 32960
Dear Mr. Chandler:
�q q
�OGK. 91 PAGE105-9-7
TOWN OF INDIAN RIVER SHORES
6001 NORTH A -1-A, INDIAN RIVER SHORES, FLORIDA 32963
(407) 231-1771 FAX (407) 231-4348
You will recall that I appeared before the County Commission last
fall to discuss a beach access from the five acres the Town
obtained in our land trade. The original plan called for a dune
crossover on County property which is part of the Tracking Sta-
tion Park. The Town has revised its plan and proposes a marle
path from A1A across the Town property to connect into the Coun-
ty's northern dune crossover at the Tracking Station Park. I am
enclosing a diagram of the approximate path location. In view of
its favorable reaction to my original proposal, I trust that the
County Commission would be agreeable. Can you clear this for me
via the Commission if it is necessary? Thanks for your assist-
ance.
Sincerely,
J. C. Dorsky
Robert J. Schoen, mayor of the Town of Indian River Shores,
described the changes in the plan and assured the Board that the
proposed walkway will be open to the public during the times the
Tracking Station Park walkway is open.
Commissioner Adams was concerned about the change because the
original approval was given for a dune crossover with public access
at a location farther to the north.
Mr. Schoen assured the Board that public access will be
included. This walkway is being installed in response to the
wishes of people in the Town of Indian River Shores who desire
pedestrian access to the beach without driving a car to the
Tracking Station Park. parking lot. He explained that a newly
constructed dune crossover must meet all the requirements of the
Americans with Disabilities Act, which adds to the cost, and they
thought it better to eliminate an additional dune crossover while
still making the beach accessible to pedestrian traffic.
Commissioner Eggert remarked that it is better to have fewer
dune crossovers.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously approved
the modification to the original plan regarding
beach access by deleting the crossover and
connecting a marl path to the existing County
crossover as proposed by Robert J. Schoen, mayor of
the Town of Indian Shores, with the same conditions
as the September 27, 1993, approval.
REQUEST BY INDIAN RIVER FARMS WATER CONTROL DISTRICT FOR A 3.2 -ACRE
PARCEL LOCATED AT THE 40 -ACRE 4TH STREET STUMP DUMP LOCATED EAST OF
74TH AVENUE
The Board reviewed memo from Public Works Director Jim Davis
dated March 15, 1994:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Request by Indian River Farms Water Control
District (IRFWCD) for a 3.2 Acre Parcel
Located at the 40 Acre 4th Street Stump Dump
Located East of 74th Avenue
REF. LETTER: Dean Luethje to Jim Davis dated Feb. 24, 1994
DATE: March 15, 1994 FILE: SI%M.A=
DESCRIPTION AND CONDITIONS
The widening of the 43rd Avenue bridge over the Main Canal will
complicate driveway access to the IRFWCD Maintenance Office on SR60
west of 43rd Avenue. The District has decided to relocate their
facility to a rural area since maneuvering draglines is not easy in
an urban area.
51
800K 91 PAu 1056
r MAR 22 199
MOK 91 FACE 105' 7 7
The IRFWCD has requested that the County deed to the District a 3.2
acre portion of the 40 acre 4th Street stump dump site (see
attached site plan). The District intends to construct a
maintenance complex. In return, the District will donate a small
tract of land to the County on SR60 west of 43rd Avenue and will
allow the County to use its existing office/maintenance complex
located at 43rd Avenue and SR60. The District will also provide
the County an improved equipment storage area within the new 4th
Street site and security. This arrangement can be mutually
beneficial to both entities.
ALTERNATIVES AND ANALYSIS
Staff has considered the request and is of the opinion that the
proposed land exchange will be mutually beneficial. The SR60 site
can be used by the Traffic Engineering Division or field oriented
Division. The security at the 4th Street site will benefit the
Road and Bridge Division, where the County will still control 37
acres.
RECOMMENDATIONS AND FUNDING
Staff recommends that the land exchange be approved and authorize
the legal staff to prepare an appropriate agreement.
CARTER ASSOCIATES, INC.
CONSULTING ENGINEERS AND LAND SURVEYORS
1708 21 St STREET
VERO BEACH. FL 32960.3472
407.562-4191
407-562-7180 (FAX)
February 24, 1994
Mr. Jim Davis, Public Works Director
Indian River County Public Works
1840 25th Street
Vero Beach, FL 32960
RE: I. R. F. W. C. D. - Office Relocation
"4th Street Stump Dump"
Dear Jim:
MARVIN E. CARTER. R.L.S.
DANA HOWARD. R.L.S.
DEAN F. LUETHJE, P.E.
FRED R. BANFIELD. 11. P.E.
FRANK S. CUCCURIPSE. R.L.S.
GEORGE SIMONS, P.E.
STEVE SNOBERGER. P.E.
JOHN H. BLIJ
^� � `'"?�', rw,
r^
I y
Enclosed please find a sketch and legal description of a 3.2 acre parcel of land that we have
been discussing as the new location for the I. R. F. W. C. D. main operation complex. As you
are aware, the need for this relocation came to light during the county's recent request for a
5 - lane bridge across the main relief canal at 43rd Avenue, which greatly reduces our north
access to the District's present complex.
The District would request the dedication with this property. This dedication_ would be granted
for the following reasons and considerations:
1. The District will not restrict the use of the 5 -lane bridge over the main canal at 43rd
Ave. by its operation of its present location.
52
r
2. The District will donate to the county a parcel of land, approximately .10 f res, ac
of
that is located along S.R. 60 directly south of the District's main office and west ac the
b
gas station located at the NX corner of the intersection, S.R. 60 and 43rd Ave.
See attached sketch.
3. The District will allow the county to utilize their existing shop and office until such
time as the District may have need to remove these buildings.
4. The District will allow the county to temporarily store equipment in the new District
headquarters, as such equipment will be working in the area, thus reducing run time
back to the main barn. In like, the District may from time to time store equipment at
the county's main barn if it is working in the area.
On behalf of the District's supervisors, we would request that you review this with staff and
commissioners to see if this is an acceptable alternative. As we discussed, prior to any
transfer of property, an acceptable environmental audit must be performed of the parcel.
As usual, the District appreciates your cooperation.
Very truly yours;
CARTER ASSOCIA , INC.
40�• .
Dean F. Luethje, P.E.
Vice President
Director Davis clarified that Item 4. uses the phrase
"temporarily store equipment." This means that a piece of
equipment may be stored there for several weeks and then moved to
another area, but the intent is that the County can store equipment
there for a long period of time.
Commissioner Adams asked who will pay for the environmental
audit.
Discussion ensued, and it was the consensus of the Board that
each party should have an environmental audit performed on its
property prior to the exchange.
Commissioner Adams was not sure that the exchange of property
is mutually beneficial, and she asked what use we have for the
property on SR -60 west of 43rd Avenue.
Director Davis responded that he saw two potential uses for
the property: one, stormwater management and two, a possible land
trade with the gas station for right-of-way. He emphasized that
there has been a cooperative atmosphere between the District and
the County and this exchange is a furtherance of that cooperation.
Attorney Michael O'Haire, representing Indian River Farms
Water Control District, clarified that the County constructed the
5 -lane bridge on District property at no cost to the County for the
53
MAR 2 21994 BOOK 9.1 PAGA05`8
r BOC1K 91 Pnr,E 059
MAR 2 2 19:0 1
property. He described the changes in the subject property caused
by urbanization. He stated that when that area was used for
agriculture, moving draglines in and out was no problem; now it is
a problem.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously approved
the land exchange and authorized legal staff to
prepare an appropriate agreement, as recommended by
staff.
129TH STREET, ROSELAND, MAINTENANCE MAP
The Board reviewed memo from Public Works Director Jim Davis
dated March 14, 1994:
TO: James E. Chandler
County Administrator
FROM: James W. Davis, P.E.
Public.Works Director Wy'
SUBJECT: 129th Street, Roseland
DATE: March 14, 1994
DESCRIPTION AND CONDITION
A maintenance map is to be filed on part of 129th Street, to aid in
paving the road. The right-of-way mapped runs from the North line
of the Meidel Subdivision, recorded in Plat Book 9, page 56 of the
public Records of Indian River County, north to the South right-of-
way line of 79th Avenue.
The center of the 129th Street right-of-way south of 78th Avenue is
the common line between Lots 2 and 3, Section 30 of the Fleming
Grant. North of 78th Avenue it is the common line between Blocks
26 and 28 of the A.A. Berry Subdivision, recorded in Plat Book 2,
page 14 of the Public Records of St. Lucie County, Florida. No
right-of-way was provided for when these subdivisions were further
divided by deed description, although a road was built and drainage
installed and maintained. Grass -areas are mowed on a regular basis
back to fence lines agreeing more or less with property corners set
35 feet each way from the common (center) line.
None of this area has been dedicated to public use by written
instrument. Attempts have been made by a homeowners'
representative to have owners dedicate the right-of-way, without
success.
ALTERNATIVES AND ANALYSIS
An interest has been shown in having the roadway and drainage
brought up to standards. In order to do so, it will be necessary
to know how much right-of-way can be depended.upon to meet paving
and drainage requirements. The maintenance map will make it clear
that a certain -amount of right-of-way is in county possession.
This amount was determined through coordination with the Road &
Bridge Superintendent.
54
Waiting until everyone has dedicated his share of right-of-way
could cause the county to continue to maintain the roadway
indefinitely, in its present state. This would be undesirable.
RECOMMENDATION
The Board of County Commissioners approve the maintenance map
provided for under F.S. 95.361 and direct the chairman to execute
it where indicated.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the maintenance map provided for under Florida
Statute 95.361, as recommended by staff.
26TH STREET MAINTENANCE MAP
The Board reviewed memo from Public Works Director Jim Davis
dated March 14, 1994:
TO: James E. Chandler
County Administrator
FROM: James W. Davis, P.E.
Public Works Director
SUWECT: 26th Street Maintenance Map
DATE: March 14, 1994
DESCRIPTION AND CONDITIONS
!r
There exists a 30 foot dedicated road right-of-way North of the
section line along 26th Street West of 43rd Avenue to 58th Avenue.
Along most of the route, the 20 foot road pavement constructed by
the county encroaches outside of the dedicated right-of-way. There
are many areas along the road where platted subdivisions increase
the right-of-way width.
The City of Vero Beach, beginning about 1/4 mile East of Kings
Highway, is installing a water line along the North side of the
pavement on 26th Street. The County has a need to establish at this
time the appropriate maintained right-of-way where public
improvements exist.
The Road & Bridge Department, in most of the unplatted area, has
mowed grass to a certain width north of the pavement and has
constructed and maintained drainage swales as shown on the
maintenance map. This width, or the edge of pavement in one case,
is used to delineate the maintenance right-of-way.
55
MAR 19�� BOOK(91,AGE 106 0
rMAR 221®9}
ALTERNATIVES AND ANALYSIS
BOOK 91 PAGE 106 j
A recorded maintenance map, provided for under F.S. 95.361, will
provide a record of those areas in which the county has constructed
and maintained public improvements.
The maintenance map be recorded as.drawn.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the maintenance map provided for under Florida
Statute 95.361, as recommended by staff.
CR -512 CORRIDOR IMPROVEMENTS - PROFESSIONAL ENGINEERING SERVICES
AGREEMENT
County Engineer Roger Cain made the following presentation:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Dire
cto
FROM: Roger D. Cain, P.E
County Engineer
BUD-TECT: CR512 Corridor ImproAinents
Professional Engineering Services Agreement
DATE: March 15, 1994
DESCRIPTION AND CONDITIONS
Indian River County entered into an agreement with Lloyd and
Associates in 1988 for the engineering services associated with the
improvement of CR 512 from Roseland Road to U. S. 1. The firm has
undergone ownership changes and in Dec. of 1993 the new owners
decided to withdraw from the Vero Beach area. The firm is still in
business in Pennsylvania, however. One of the principals in the
Vero Beach office, Mr. Wayne Westerman, has remained in business
here in Vero Beach to finish some of the larger ongoing projects
for Kimball and Associates and is requesting that the county sublet
the remainder of the engineering services under this contract to
his firm per the terms of the contract. Kimball and Associates has
consented to this arrangement if it is acceptable to the County.
Kimball has agreed to maintain insurance to cover Mr. Westerman.
The County Attorney's Office has reviewed this arrangement and is
satisfied that the arrangement proposed can be done within the
terms of the existing contract. County Engineering Staff is
56
convinced that Mr. Westerman's firm can competently complete the
services required. All the terms of the existing contract and its
addenda will remain in force. The services for Project I under the
agreement have been completed and there remains $105,213.56 in
uncompleted work under this agreement.
ALTERNATIVES AND ANALYSIS
Alternative 1:
Approve the subletting of the remainder of the CR 512 engineering
services to R. Wayne Westerman, Jr., P.E. and direct the Chairman
to sign the attached letters approving the subletting.
Alternative 2:
Not approve the subletting and direct staff to request proposals
for the remainder of the CR 512 engineering services.
RECOMMENDATION AND FUNDING
Staff recommends Alternative No. 1.
R. Wayne Westerman explained to the Board that the
professional liability insurance for this project in the original
contract with Lloyd & Associates and the successor firm will remain
in effect. Mr. Westerman stated that his firm, R. Wayne Westerman,
Jr., P.E., has general liability insurance as is required for small
businesses.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Bird, the Board unanimously approved
subletting the remainder of the CR -512 engineering
services to R. Wayne Westerman, Jr., P.E., as
recommended by staff.
REPORT ON STATUS OF UTILITY DEPARTMENT USE OF INDIAN RIVER FARMS
WATER CONTROL DISTRICT RIGHT-OF-WAY
Utility Services Director Terry Pinto advised the Board that
on March 10 the Utility Services Department applied for a permit to
use some right-of-way from Indian River Farms Water Control
District. The permit was denied because of new legislation which
requires that the District go through a notification procedure when
they dig near any utilities. The Utility Services Department
currently uses District right-of-way's and pays $1,200 per mile.
This eliminates the necessity of purchasing right-of-way for
installation of utilities. The specific permit which was denied
was for the major effluent line running from the South County plant
and it is important to get that project completed. Director Pinto
was sure this specific permit problem can be resolved with the
57
BOOK1062-
MAR 221994
r-
MAR
04
PORK 91 PAPE
1063 1
District, but he wanted to make the Board aware of this
legislation. He understood that the legislation concerns utilities
such as gas, telephone and electric but our permit was denied
because we are a utility.
Attorney Michael O'Haire, representing the Indian River Farms
Water Control District, explained that the problem was caused by an
act adopted by the legislature last year. For 15 or 20 years water
control districts all over the state permitted utilities to locate
their lines within district rights-of-way. There was never a
problem, mainly because there were not very many underground
utilities, but with the demand for infrastructure into rural areas,
the demand increased. It would be tremendously expensive for
utilities to buy right-of-way. The new legislation requires that
if you excavate land and disrupt a utility you are presumed to be
negligent unless you give notice before you excavate. The District
is in the business of digging to maintain canals, and we have
pulled up utilities, though never a sewer line. The District now
finds itself dealing less with drainage and irrigation and
expending much time and money to provide rights-of-way. Mr.
O'Haire requested that the County make its legislative
representatives aware of the problem. He assured the Board that
the District will work to resolve the County Utility Department's
permitting problem because the District does not want to cause the
County to spend money unnecessarily.
Director Pinto was confident that the Utility Services
Department and the District could solve this problem, and he urged
the Board to support the effort to change this legislation.
Chairman Tippin encouraged the parties to work out this
problem.
SELECTION OF OCCUPATIONAL LICENSE EQUITY STUDY COMMITTEE MEMBERS
The Board reviewed memo from Commissioner Macht dated March
18, 1994:
TO: John W. Tippin, Chairman
Board of County Commissioners
FROM: Commissioner Kenneth R. Macht�^
DATE: March 18, 1994
SUBJECT: Occupational License Equity Study Commission
I would like to submit the name of George Gross as the
representative for District 2 to serve on the Occupational,.
License Equity Study Commission.
58
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously appointed
George Gross as the representative from District 2
to the Occupational License Equity Study Commission.
Chairman Tippin noted that the committee now has five members
and should proceed because they have three months to complete the
study and make recommendations to the Board.
Administrator Chandler stated that Assistant County Attorney
Terry O'Brien and OMB Director Joe Baird would be the primary staff
supporting the committee, with assistance from Tax Collector Karl
Zimmermann.
DISCUSSION REGARDING REFINANCING IMPACT FEES
The Board reviewed letter from Dixie A. Davis dated March 10,
1994:
5hw 0Whi i0mwj
1130 7th Avenue
Vero Beach, Florida 32960
3/10/94
Mr. John Tippin, Chairman
Board of County Commissioners
1840 25th Street
Vero Beach, FL 32960
Dear Mr. Tippin;
Over the last several weeks I have been in touch with Harry
Asher's office concerning the refinancing of my impact fee
contract. He referred me to you, hence this letter.
My contract is presently financed at 12%. Being aware that
intrest rates have tumbled drastically from what they were
when my contract was financed has made me very desirous of
refinancing at your present rate of 8%. Therefore, I am
requesting that you review my records with this in mind.
During the next few weeks you may reach me at 704 389 8999
or leave word at 407 569 4329. Of course, you may also
correspond with me by mail at the address shown above.
Thank you for your earliest attention to this watter.
Sincerely,
Dixie A. Davis
59
�MAR 2 2 199 ..
-7
BOOK 91 PAGE 106,5
Administrator Chandler distributed an Analysis of Impact Fees
Financed, and noted that in the last year or two all projects were
financed at 8 percent.
OMB Director Joe Baird explained that the interest rate on the
various projects was set at the time of the assessments and was
directly tied to the bond rate and included in the bond covenant.
He pointed out that these are 5- and 10 -year agreements at a fixed
rate, so the interest rate does not go up or down.
Commissioner Bird understood that this is an individual
request, but we cannot give relief without studying the effect on
the entire system. He asked whether we would be in a better
position in the future if we set an adjustable rate on these
projects.
Director Baird explained that the County is not set up to
handle adjustable rate loans. It becomes labor intensive and more
costly and we are not set up to be in the banking business. He
also emphasized that in inflationary times we would have the
problem of raising interest rates.
Commissioner Macht noted that the County's maximum term is 10
years, which is a short enough period that the rate does not cause
an extreme hardship. If there is a substantial decline in interest
rates, a person could go to a bank to obtain a loan at a more
favorable rate.
Commissioner Adams agreed that it would be better for somebody
to get a loan from a bank or a private source.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously denied the
request of Dixie A. Davis to refinance her impact
fee contract.
NEW HORIZONS REQUEST FOR LETTER OF SUPPORT
The Board reviewed the letter from Richard L. Mills of New
Horizon dated March 16, 1994:
60
New Horizc
OF THE TREASURE COAST, INC.
RICHARD L MILLS
PRESIDENT and CEO
ADMINISTRATIVE OFFICES
714 Avenue H
Fort Pierce, Florida 34930
(407) 459.3600
Suncom 240-3600
March 16, 1994
Mr. John W. Tippin, Commissioner
Indian River County
1840 25th Street
Vero Beach, Florida 32960
Dear Mr. Tippin:
New Horizons of the Treasure Coast, Inc, is sponsoring a
proposal to develop permanent housing for persons with a
mental illness. Our application to HUD for this Section
811• housing will be enhanced by a letter of support from
you and/or your organization. Our efforts are being
supported by the Martin/St. Lucie Alliance for the -
Mentally Ill. We anticipate applying for a construction
grant for 12-24 units depending upon the site selected.
I've enclosed a sample letter which you may choose to use
as a guide for your letter of support.
As with most things --we are working on a tight time
frame. Your early response will be very helpful. Please
call me if you have any questions.
Sincerely,
�V
Richard L. Mills
..President/CEO
une�a YOUR COMMUNITY MENTAL HEALTH AND SUBSTANCE ABUSE TREATMENT CENTER
vvy
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved a
letter to Housing and Urban Development (HUD)
supporting the efforts of New Horizon for a
construction grant for 12-24 units to permanently
house persons with a mental illness.
61
6001( 9-L F�1�F 1066
MAR2 2 1994 J
MAR 22 IA
Fa
BOOK 91 GE 067
REQUEST FOR APPOINTMENT OF A COMMISSIONER TO SHERIFF'S BUDGET
REVIEW COMMITTEE
The Board reviewed the letter from Sheriff Gary C. Wheeler
dated March 21, 1994:
March 21, 1994
Z,
h �.
994
The Honorable John W. Tippin, R v'
Board of County Commissioners = a !Vtb1840 25th Street
Vero Beach, Florida 32960
Dear Commissioner in: `g.9 £Z4`
In our 1994-95 budget process, we are ready to initiate our internal review
reducing staff requests in line with service priorities. In the spirit of
cooperation this year, I am forming a review committee of which the majority
-of members will be from outside the Sheriff's Office.
I strongly desire a close working relationship with the Board of County
Commissioners in this stage of the budget process. The purpose is to insure a
better budget product and to foster enhanced communications and information
sharing. Accordingly, I am inviting you to appoint a member of the Board of
County Commissioners to participate as a member of this review committee
which will probably meet the first week in April. I anticipate that two, four
hour blocks of time will be required for the review.
Thank you for your consideration of this important matter.
Sincerely,
Gary W Wheeler, Sheriff
Commissioner Adams questioned the ability of a commissioner to
serve on the Sheriff's Budget Review Committee because that
commissioner would have the responsibility as a Board member to
reconsider decisions made by that review committee.
Commissioner Macht agreed, and he pointed out that the Board
will schedule budget workshops with the constitutional officers
prior to the budget hearings. Appointing a commissioner to the
committee that formulates the Sheriff's budget has negative
overtones and reduces the objectivity of the Board.
Chairman Tippin asked, and Attorney Vitunac advised that there
is no obligation to appoint a commissioner to the Sheriff's Budget
Committee; it is voluntary.
Chairman Tippin declared that it is the consensus of the Board
not to appoint a commissioner to the Sheriff's Budget Review
Committee because the Board will meet with all constitutional
officers in relation to the budget well in advance of the budget
62
PROPOSED LANDFILL CLOSING REGULATIONS
Commissioner Macht reported that there is an effort by the
Sierra Club and Mid Florida Mining to expand the rules regarding
landfills, and he felt it is our obligation to contact the
Department of Environmental Regulation to voice our opposition.
Utility Services Director Terry Pinto explained the
consequences of some of the proposed rules. In one instance, the
rule would require a double liner over a clay liner in the
construction of a landfill. That would add $6 million onto a $4
million project. He explained that after closure we are required
to monitor a landfill for 30 years by taking water samples. Under
the present rules some of the monitoring may be eliminated when a
specific element has not been detected for a period of time. That
would change under the proposed rules, and if there was evidence of
a specific element even many years before, that specific monitoring
could not be eliminated. Director Pinto advised that the entire
rule should be rewritten from the beginning because it will cost a
lot of unnecessary money.
Chairman Tippin observed that many small counties are facing
bankruptcy, they have no money to close landfills, and rules such
as this plus the millage cap will push them over the edge.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously authorized
appropriate staff to attend any and all hearings
regarding landfills and voice the Commission's
opposition to the proposed rules.
UNFUNDED MANDATES
Commissioner Macht reported that the Florida Senate passed
Memorial 1818 to urge the Congress of the United States to enact
legislation prohibiting unfunded mandates, and House Bill 1137
regarding impact fees has been defeated.
JOINT SCHOOL BOARD MEETING
The Board tentatively agreed to April 28, 1994 as the date for
the next joint meeting with the School Board. (At a later meeting,
the date was changed to May 3, 1994.)
COURTHOUSE REPORT - PARADE AND OPENING CEREMONIES
Commissioner Macht reported on the proposals of the Courthouse
Advisory Committee.
W,
MAR 1994 x001( FAGE 106 8
r MAR t40A BOOK 91 PACE106
Carol R. Johnson, public affairs administrator for Vero Beach -
Indian River County Chamber of Commerce, distributed the following:
►ero beach-
indian river
county
chamber of
ommerce
1216 21ST STREET
P.O. BOX 2947
VERO BEACH, FL 32961 407-567-3491
FAX: 407-778-3181
March 17,
1994 (March
20, 1994 - deletions & ADDITIONS
noted)
M E M O R A N D U M
T0: Mr. Ken Macht/Courthouse Advisory Committee/
County Commission
FROM: Carol K. Johnson, Public Affairs Administrator
SUBJECT: Courthouse Opening Ceremonies
We have broken up the day into several sections with needs
identified where appropriate. NOTE: Actual contacts have not
been made until direction from the Committee and appreoval to
proceed by the County Commission with the exception of the Parade
Route which was discussed with Chief Gabbard.
Saturday, October 15th from 16am until 2pm.
PARADE: Suggested-partsespants-snc}ude-bounty-6ommsaaioners,-
}oca}-municipa}sties-offsasa}s-and-representatsve-of-their-}aw
enforcement,--5heriff,--fudges,--6o}ton-&-bitty,--Hsgh-Sahoo}-Hand,-
Seb.--River-Mid-3r.--Hsgh-Sehoo}-Band,--Boy-&-6ir}-Scouts,--veterans
organizations,--Esty-of-�fH-Po}sce-Pept.--6o}or-Guard-&-Shersffts
Expierers,-others°isuch-as-Bagpipers-or-Patrick-Air-Force-Band+.-
We will do press releases and have organizations and individuals
contact the Chamber (or other) if they want to participate. That
way, we will not be criticized if we were to do one on one
contacts and missed somebody. PERSONNEL NEEDED - STAGING
VOLUNTEER (POSSSIHLY BAR ASSOCIATION)
Need a minimum of 50 units (car or band = 1 unit) which
will give us about a 30-45 minute parade. The number -of units
will determine actual starting time.
s Staging area at VBJr.High, proceed north on 14th to 21st
Street then west on 21st to either the Library or 1st United
Methodist Church parking area. Band placed at rear of parade will
be requested to turn onto 16th Avenue in front of courthouse and
play final patriotic song - a "flourish" to announce the ribbon
cutting is about to begin.
64
RIBBON CUTTING SEGMENT: After the band plays final song the high
school chorus (on risers) will sing two patriotic songs(last song
should be the National Anthem) An additional set of risers will
be in place for judges, law enforcement; all elected officials,
others? MATERIALS NEEDED - 2 SETS OF RISERS b INDENTIFICATION
•TAG• FOR THOSE TO BE SEATED ON RISERS.
At the ribbon - Chairman of the County Commission,
Judges representative, Bar Association representative, keynote
speaker?, others? DECISION NEEDED - WHO ELSE AT RIBBON?
Speeches - Chairman of County Commission thanks the
parade participants and chorus, acknowledges the seated
dignitaries on risers (not individually but as a group),
introduce the people standing with him - Judges representative,
Bar Association representative then Keynote speaker?(this is the
committee's decision as to who or no outside speaker - como
st�gges��eas-�Re�t�de-3aae�,-ReRe�--dB-Seaate�sr-4t1�-B�st��e�=
etiie�s?-eF-Re-era�side-speal�eP� --ReyF►ete-sl�et��d-be-ae-mese-tkaa-�
*}Rutesl COMMITTEE SPEAKER RECOMMENDATION - JANET RENO
Actual ribbon cutting.- Chairman of County Commission
should say a short (3 minute) dedication speech and with the
other ribbon participants holding in a "symbolic link" Chairman
of County Commission cuts the ribbon. (Hold for at least 30
seconds after cutting for photo opportunities.) After ribbon
cutting Chairman should thank the public for attending and
encourage them to take advantage of tours and information being
given inside until the building closes at 2pm (if the Heritage
Center wants to be open they may have activities there which need
to be announced - info on this as we go along). MATERIALS NEEDED
- A REALLY BIG RIBBON (hopefully donated) and a PRINTED PROGRAM
(hopefully donated) listing events and, perhaps, a brief "history
of when the old courthouse was built, etc and how the new
courthouse was planned and funded. Do we have an Indian River
County Seal? Program could also include the departments in the
courthouse which will be open for tours. PERSONNEL NEEDED -
RIBBON CUTTING COORDINATOR (Perhaps Chamber?)
TOUR OF BUILDING: Immediately following the verbal invitation to
tour the building by Chairman of County commission a nice touch
would be to have the high school chorus sing additional patriotic
song(s) if they wish. Departments inside the courthouse may want
to be open with materials for distribution and staff. PERSONNEL
NEEDED - TOUR COORDINATOR(Possibly Jeff Barton?). JEFF BARTON HAS
AGREED TO COORDINATE THE TOURS. CONSENSUS OF THE COMMITTEE WAS
TO TRY AND COORDINATE SONGS OR MUSICAL PRESENTATIONS IN FRONT OF
THE COURTHOUSE THROUGHOUT THE TOUR TIME - CHAMBER WILL WORK ON
THIS.
NOTE: Chamber will be happy to do press releases, take names
for parade and help work on a printed program as well as work on
any other areas as requested.
SUGGESTION: Allow Boy Scouts and Girl Scouts to set up drink
booths as a fund raiser if they want? If not, __food and drinks
might be sold at Heritage Center - a captive audience and parade
participants should be good customers.
2V
50, 91. FAGS 1,07'0
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r-
MAR 2, 2
900K 91 FACE 1071 -7
Commissioner Eggert was concerned about the possible costs
involved in issuing an invitation to United States Attorney General
Janet Reno.
Discussion ensued, and Commissioner Bird suggested that we
issue the invitation and if there are costs involved, address the
issue at that point.
Carol Johnson assured the Board that the Chamber of Commerce
can provide accommodations and in-kind services for the speaker.
If the invitation mentions that accommodations will be provided,
that should alert them to the fact that other costs will not be
covered.
Attorney Reg Wilcox, representing the Bar Association,
clarified Judge Vocelle's intent in his recommendation that we
invite United States Attorney General Janet Reno to speak at the
opening ceremonies. Ordinarily, we could not imagine having a
United States Attorney General attend such an event, but the fact
that the Attorney General is a Floridian makes it reasonably
possible that the invitation will be accepted.
Commissioner Bird noted that the Courthouse Advisory Committee
recommended a second choice, but he preferred to issue one
invitation and wait for an answer.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously agreed to
invite United States Attorney General Janet Reno to
be the keynote speaker at the opening ceremonies of
the Indian River County Courthouse.
Carol Johnson reported that the only steps the Chamber of
Commerce has taken to this point is clearing the parade route with
the Sheriff and Chief of Police. -She asked for direction from the
Board regarding participants in the parade.
It was the consensus of the Board that the Chamber of Commerce
follow its plan to issue press releases and include all parties who
care to participate in the parade.
SEBASTIAN INLET DISTRICT MEETING
Commissioner Adams reported on an article in the newspaper
regarding the Sebastian Inlet Taxing District which contained some
inflammatory statements about the County and taxes. She stated
66
r � �
that she will attend the next meeting of that District to register
complaints and offered to pass along other Commissioners' comments.
The Board members approved Commissioner Adams' attendance at
the Sebastian Inlet Taxing District meeting to respond to the
statements in the newspaper article.
ENVIRONMENTAL CONTROL BOARD
The Chairman announced that -immediately upon adjournment the
Board would reconvene sitting as the Board of Commissioners of the
Environmental Control Board.
Those Minutes are being prepared separately.
There being no further business, the Board adjourned at 10:55 a.m.
ATTEST:
(Y` d
J. arton, Clerk
GJohii W. Tippi, Chairman
67
MAR 2 2 1994
BOOK _91 PACE1072