HomeMy WebLinkAbout4/26/1994� MINUTLSATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, APRIL 26, 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)
James E. Chandler, County
Administrator
Kenneth
R. Macht,
Vice Chairman ( Dist.
3)
Fran B.
Adams
(Dist. 1)
Charles P. Vitunac, County
Attorney
Richard
N. Bird
(Dist. 5)
Carolyn
K. Eggert
( Dist. 2) -
Jeffrey K. Barton, Clerk to
the Board
9: 00 A. M. 1.
CALL TO ORDER
2.
INVOCATION -
None
3.
PLEDGE OF ALLEGIANCE - Comm. Fran B. Adams
4.
ADDITIONS TO THE
AGENDA/EMERGENCY ITEMS
_-
Deferred
for -one week:
Item 7-B - Krovocheck request for
final plat approval for sunset
Point
Addition: Item 11-G-5 Erosion Control Grant Application
Addition: Item 12-B-2 Judges' request to come before BCC regarding
Courthouse items
S. PROCLAMATION AND PRESENTATIONS
Adoption and Presentation of Proclamation
Designating May 1-8, 1994 as Law Week in IRC, FL
6. APPROVAL OF MINUTES
None
7. CONSENT AGENDA
A. Received 6 Placed on File in Office of Clerk
to the Board: Comprehensive Annual Financial
Report for the Fiscal Year Ended 9/30/93
B. R. Jack Krovocheck's Request for Final Plat
Approval for Sunset Point S/D _
( memorandum dated April 12, 1994 )
C. Authorization to Purchase Replacement Detroit
Engine for Fire Engine ( Vehicle #505)
(memorandum dated April 14, 1994)
D. Purchase Authorization: 26th -St. A- 0-W Acquisi-
tion, John E Patricia Morgenthien Property
(memorandum dated April 12, 1994)
APR 261994
- 7. CONSENT AGENDA (cont'd.) :
E. Release of Utility Liens
(memorandum dated April 18,
1994)
F. Release of County. Assessment Liens
(memorandum dated April 12,
1994)
G. I.R.C. Courthouse Project_ -
Elevator Car
Finishes
(memorandum dated April 19,
1994)
B. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
None
B. PUBLIC HEARINGS
1. St. Edwards' -Request for Special Exception
Use and Conceptual Plan Approval
( memorandum dated April 18, 1994 )
(continued from BCC Meeting of 4/12/94)
2. • Chas. -Sullivan, Sr.'s Request for P.D.
Special Exception Use 8 Preliminary PD
Plan Approval for a 134 Unit Residential
Planned Development
(memorandum dated April 12, 1994)
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
I. Request to Authorize Staff to Draw Upon
Letters of Credit for Copeland's Landing,
Phases 11 and III or Accept Replacement
Letters of Credit and Extend the Contracts
for Required Improvements
(memorandum dated April 13, 1994)
2. Request for Approval of Pelican Island
Nat'l. Wild Life Refuge Signage FIND Grant
Application
(memorandum dated April 19, 1994)
B. EMERGENCY SERVICES
None
k661 -9 9 ddV
11. DEPARTMENTAL MATTERS (cont'd.) :
C. GENERAL SERVICES
New I.R.C. Courthouse Complex Information Item
(memorandum dated April 20, 1994)
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
1. As -Built Resolutions E Assessment Rolls
for Paving & Drainage Improvements to:
91st Ave. between 79th St. E 87th St. in
Vero Lake Estates S/D
( memorandum dated April 5, 1994 )
2. IRC Bid No. 40-64 / CR 512 Corridor
Improvements; CR 510 6 CR 512 Intersection
Improvements
( memorandum dated April 18, 1994 )
3. 27th Ave. R -O -W Acquisition - Lucinda- Eddy
Property North of 8th Street
(memorandum dated April 20, 1994)
4. PEP Reef Project - Status Report
H. UTILITIES
_
I.R. Farms Utility Permitting
(memorandum dated April 19, 1994)
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN JOHN W. TIPPIN
B. VICE CHAIRMAN KENNETH R. MACHT
Discussion to set date for budget workshop,
Including workshop with Constitutionals
( memorandum dated April 20, 1994 )
APR 2 6 1994
103
I
13. COMMISSIONERS ITEMS (cont'd. ):
C. COMMISSIONER FRAN B. ADAMS
D. COMMISSIONER RICHARD N. BIRD
E. COMMISSIONER CAROLYN K. EGGERT
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
None '
15. ADJOURNMENT
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE
AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL WILL BE BASED.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY
CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA)
COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF
MEETING.
b661 9 z aid
Tuesday, April 26, 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, April 26, 1994,
at 9:00 o'clock a.m. Present were John W. Tippin, Chairman;
Kenneth R. Macht, Vice Chairman; Fran B. Adams; Carolyn K. Eggert;
and Richard N. Bird. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and Barbara
Bonnah, Deputy Clerk.
Chairman Tippin called the meeting to order, and Commissioner
Adams led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Administrator Chandler requested a one-week deferral of item
7-B -- Krovocheck Request for Final Plat Approval for Sunset Point
Subdivision.
Administrator Chandler also requested the addition of 11-G-5 -
- Erosion Control Grant Application.
Commissioner Macht requested the addition of a request from
the 19th Judicial Circuit to come before the County Commission to
discuss Courthouse items.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously added and
deleted the above items.
PROCLAMATION - Designating May 1-8,.1994 as Law Week in IRC
Chairman Tippin read aloud the following proclamation and
presented it to local attorneys Judy Hill and Glenn Sutherland:
SPR 2 61��4
BOOK 92 f.A;c 99� .
A P R 2 6 1994 ��car,F 2,54
PROCLAMATION
DESIGNATING MAY 1 - 8; 3.994 AS
LAW WEEK
IN INDIAN RIVER COUNTY, FLORIDA
and WHEREAS, May 1 is LAW DAY in the United States of America;
•
WHEREAS, the Unites States of America has been the citadel
of individual liberty and a beacon of hope and opportunity for
more than 200 years to many millions who have sought our shores;
and
WHEREAS, the foundation of individual freedom and liberty is
the body of law that governs us; and
WHEREAS, the Constitution of the United States of America
and the Bill of Rights are the heart of that body of law, which
guarantees us many freedoms including freedom of religious
belief, freedom to have and to hold property inviolate, freedom
of assembly, freedom of speech, freedom of press, freedom of
petition, and due process of law among others; and
WHEREAS, this year marks the 37th annual nationwide
observance of LAW DAY, and the Congress of the United -States and
the President by official proclamation have set aside May 1 as a
special day for recognition of the place of law in American life;
and
WHEREAS, the County of Indian- River recognizes May 1 - 8,
1994 as LAW WEEK with "Just Solutions" as a national theme:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of
May 1 - 8, 1994 be observed as
LAW WEEK
in Indian River County, and the Board calls upon all citizens,.
schools, businesses, clubs, and the news media to commemorate the
role of law in our lives.
Adopted this 26 day of April, 1994.
2
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
i
John W. ippi Chairman
W W
CONSENT AGENDA
A. Received and Placed on File in Office of Clerk to the Board:
IRC Comprehensive Annual Financial Report for FY ended 9/30/93
B. Krovocheck Reauest for Final Plat Approval for Sunset Point S/D
Deferred for one week
C. Authorization to Purchase Replacement of Detroit Engine for
Fire Engine (Vehicle #505)
The Board reviewed the following memo dated 4/14/94:
TO: Emergency Services District Board of Commissioners
THROUGH: Jim Chandler, Cpunty Administrator
FROM: Doug Wright DrIrector
Emergency Services
DATE: April 14, 1994
SUBJECT: Authorization to Purchase Replacement Detroit Engine
for Fire Engine (Vehicle #505)
It is respectfully requested that the information contained herein be
given formal consideration by the Emergency Services District Board
of Commissioners at the next regular scheduled meeting.
DESCRIPTION AND CONDITIONS
The fire engine assigned to the Fellsmere Volunteer Fire Department
(vehicle 4505 ) is a 1983 Ford C-800 which is powered by a Detroit
diesel 8.2 liter turbo charged V-8 engine. In the past year this
vehicle has been using an excessive amount of oil in its daily
operations. On average, when responding to an emergency call, this
vehicle will burn approximately one (1) gallon of-.dil,� and the
consumption rate appears to be increasing. In 1991 - the'fi�ee pump on
this engine was rebuilt and in 1992, the water tank was replaced.
The apparatus is considered to be in good working order except for
the engine using an excessive amount of oil.
In the current fiscal year budget, a replacement engine.was approved
for this vehicle. Bid quotes were requested from local vendors and
three were received as follows:
3 eooK 9 mU 2,55
APR 2 6 19��
APR 2 6 1994 MDQ
ALTERNATIVES AND ANALYSIS
This vehicle is eleven (11) years old and by replacing the engine the
District could receive another eight to ten years of service from the
apparatus.
The proximity of Florida Diesel (located in Fort Pierce) to the
District also allows staff to check on the progress of the engine
replacement and a shorter distance to return the vehicle for any
warranty work if deficiences are noted after the apparatus is
returned to service.
RECOMMENDATION
Staff recommends the Board award the engine replacement to Florida
Diesel in the amount of $7,856 based upon submission of the lowest
bid quote.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously authorized
the purchase of an engine replacement from Florida
Diesel in the amount of $7,856, as recommended by
staff.
D. Purchase Authorization• 26th Street Right-of-Way—John and
Patricia Morgenthien
The Board reviewed the following memo dated 4/12/94:
4
TO: James E. Chandler,
County Administrator _
CONSENT AGENDA
THROUGH: James W. Davis, P.E.,
Public Works Director
FROM: Donald G. Finney, SRA
County Right -of -Way Agent
SUBJECT: Purchase Authorization: 26th Street Right -of -
Way Acquisition, John and Patricia Morgenthien
Property
DATE: April 12, 1994 - FILE: ze.A=
DESCRIPTION AND CONDITIONS
Fifteen feet of additional right-of-way is needed on the south side
of 26th Street near the intersection and east of 58th Avenue.
There are no attorney's or other fees. The owners have -executed
the contract at less than $.50 -per square foot for the 15' foot
right-of-way parcel.
RECOMMENDATIONS AND FUNDING
Staff request the Board accept the $1,100 contract and direct the
chairman to execute the contract on the Board's behalf. Funding is
available in Account 111-214-541-066.12.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the purchase of right-of-way from the Morgenthiens
in the amount of $1,100, as recommended by staff.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
E. Release of Utility Liens
The Board reviewed the following memo dated 4/18/94:
5 BCOK 92 PAuF, 257
APR 2 61994
APR 2 6 1994
mno� 9 �o �-
TO: BOARD OF COUNTY COMMISSIONERS
k -
FROM: Lea R Keller, CIA, County Attorney's Office
DATE: April 18, 1994
RE: RELEASE OF UTILITY LIENS
The attached lien releases are in proper form for the Board of County
Commissioners to authorize the Chairman to sign so that they can be
recorded. The names andprojects are:
1. Satisfaction of Impact Fee Extension:
WILLIAMS
2. Pinewood Lane Water Project:-
EVANS, SR.
3. Rousseau Rver Shores Sewer Project:
FITZGERALD
4. Silver Oaks Water Project:
SCHROEDER
S. 12th Street Water Project:
KIRBY-and JUDWARE
6. Phase I Water Project:
° MORTON
7. Phase II Water Project:
BENNETT BET' JR.
DILLING/TODD HARTLEY
HUBER MEAD
PARKER REYHANI
ROLAND RUSSO
SEC. OF VET. AFFAIRS WATSON, SR.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved _
the above -listed releases of liens, as recommended
by staff.
RELEASES OF LIENS ARE ON FILE IN THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY
F. Release of County Assessment Liens for Paving & Drainage
The Board reviewed the -following memo dated 4/12/94:
TO: The Board of County Commissioners
FROM: Nancy H. Mossali, Legal Assistant - County Attorney's Office
i. h?6�1,�
DATE: April 12, 1994
SUBJECT: RELEASE OF COUNTY ASSESSMENT LIENS -
ASSESSMENT PROJECT NO. 8926 (for paving and drainage)
A routine form of Release has been prepared for Assessment Project No. 8926
(paving and drainage improvements to 33rd Avenue, S.W. Between 13th
Street, S.W. and 15th Street, S.W. in Grovenor Estates Subdivision) to
release paid assessment liens* from the below listed properties:
°
Lot 9,
Block
29,
Grovenor Estates Subdivision,
Unit
2-A
°
Lot 10,
Block
29,
Grovenor Estates Subdivision,
Unit
2-A
°
Lot 11,
Block
29,
Grovenor Estates Subdivision,
Unit
2-A
°
Lots 13
& 14,
Block 29, Grovenor Estates Subdivision, Unit 2-A
°
Lot 1,
Block
28,
Grovenor Estates Subdivision,
Unit
2-A
°
Lots 2
& 3, Block 28, Grovenor Estates Subdivision,
Unit 2-A
°
Lot 4,
Block
28,
Grovenor Estates Subdivision,
Unit
2-A
° Lots 5, 6 & 7, Block 28, Grovenor Estates Subdivision, Unit 2-A
° Lot 10, Block 37, Grovenor Estates Subdivision, Unit 2-A
° Lot 13, Block 37, Grovenor Estates Subdivision, Unit 2-A
° Lot 14,
Block
37,
Grovenor
Estates
Subdivision,
Unit
2-A
° Lot 16,
Block
37,
Grovenor Estates
Subdivision,
Unit
2-A
° Lot -1,
Block
38,
Grovenor
Estates
Subdivision,
Unit
2-A
° Lot 4,
Block
38,
Grovenor
Estates
Subdivision,
Unit
2-A
° Lot 7,
Block
38,
Grovenor
Estates
Subdivision,
Unit
2-A
° Lot 8,
Block
38,
Grovenor
Estates
Subdivision,
Unit
2-A
It is requested that the Board authorize the Chairman to execute said
Release.
Back-up information for the above is on file in the County Attorney's Office.
* Properties herein being released from Project No. 8926 are fully described
in the assessment roll attached to Resolution No. 92-101 recorded at O.R.
Book 943, Page 1455, Public Records of Indian River County, Florida.
7
BGOK Sir r*art 125-9
ANS 2 �99� Boos 92 CPQ... _'6
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the above releases of assessment liens, as
recommended by staff.
RELEASES OF ASSESSMENT LIENS ARE ON FILE IN THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY
G. IRC Courthouse Project - Change Order No 11 - Elevator Car
Finishes
The Board reviewed the following memo dated 4/19/94:
DATE: APRIL 19, 1994
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTO
DEPARTMENT OF GENERAL SERVICES
SUBJECT: INDIAN RIVER COUNTY COURTHOUSE PROJECT
ELEVATOR CAR FINISHES
BACKGROUND: -
Specifications for the subject project indicate -an allowance of
$40,000 to finish the interior of elevators on this project. The
contractor notified us that he was unable to get this work done by
his subcontractor within the allowance specified and stated this work
not being done would hold up the job unless immediate action was
taken. Specifically, to add $10,000 to his contract and let his sub
complete the work.
Centex Rooney, our Project Manager, located a contractor that agreed
to perform the work as specified within the $40,000 allowance.
Centex Rooney agreed to act as the County's agent to get this work
completed.
Based on the urgency and potential cost involved, this writer
authorized Centex Rooney to proceed with hiring Brice Elevator, Inc.
The County also issued a purchase order to obtain necessary materials
to complete this work which is a savings of approximately $300 on
sales tax.
RECOMMENDATIONS:
Staff recommends Board action to issue a change order deducting the
subject $40,000 allowance from James A. Cummings contract with the _
County to.coastruct the new courthouse, and authorize an amendment to
centex Rooney's contract for the work described above. It is also
requested that the Boaryi C#airman be authorized to execute the
applicable documents.
8
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
Change Order No. 11 for a $40,000 reduction to the
contract with James A. Cummings to finish the
interiors of the elevators on this project, as
recommended by staff.
CHANGE ORDER #11 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
PUBLIC HEARING - ST. EDWARD'S SCHOOL REQUEST FOR SPECIAL EXCEPTION
USE AND CONCEPTUAL SITE PLAN APPROVAL (REVISED PLAN) -- continued
from 4112194
Attorney Vitunac advised that because this public hearing is
being continued from the BCC meeting of April 12, 1994, it was not
necessary to publish another notice.
Chairman Tippin announced that County Attorney Charles Vitunac
has advised that the request for special exception use falls under
the new Snyder and James Rule and all persons who testify -must be
placed under oath.
Staff and members of the audience who planned to address the
Board regarding this item stood and were duly sworn by Attorney
Vitunac.
Planning Director Stan Boling explained the two conditions of
approval recommended by staff:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
f�K
Robert M. Rea ng, AICP
Community Development Director
THROUGH: Stan Boling, AICD
Planning Director
FROM: John W. McCoy, AICP
Senior Planner, Current Development
DATE: April 18, 1994
SUBJECT: St. Edwards' Request for Special Exception Use and
Conceptual Plan Approval (Revised Plan)
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of April 26, 1994.
0
BOOK 92 wU61
9
APR 26 1994
BACKGROUND:
ROOK 92 u l; 262
At its April 12, 1994 meeting the Board of County Commissioners
considered a request by St. Edwards for special exception use and
conceptual Zlan approval to use 121 lots that presently lie within
Sandpointe West subdivision to expand its existing upper school
facility. At that meeting, the applicant distributed to staff and
to some of the Sandpointe West property owners a revised conceptual
plan. This revised plan, although substantially similar to the
reviewed plan, depicted changes in building location and imposed
more design restrictions than proposed under the reviewed plan.
The Board of County Commissioners opened the public hearing,
considered the application requests and the newly proposed
conceptual plan, and took public comments. The Board of County
Commissioners then acted to table the application to a time certain
(April 26, 1994) in order to give all parties a chance to
reconsider their positions and review the revised conceptual plan.
Staff has now reviewed the revised conceptual plan. While the
revised conceptual design plan sheet itself lacks much of the
required conceptual plan technical information (site data, etc.),
staff considered this revised plan sheet as an amendment to the
original plan set and has reviewed it for design purposes only.
Staff has considered only the design elements modified by the
revised plan to be the subject of review. Staff used the technical
information on the initial conceptual plan to support this revised
plan sheet.
The Board of County Commissioners
conceptual plan, and is to take
exception use and conceptual plan
ANALYSIS:
is now to consider the amended
final action on the special
approval requests.
In staff's opinion, the revised design is not a substantial change
from the original conceptual plan submittal. If the applicant had
obtained conceptual approval of the initial submittal, then a
design similar to the revised conceptual plan could have been
submitted for major site plan approval and construction. Staff
would have deemed the.major site plan application consistent with
the approved conceptual plan, since the design of the revised
conceptual plan is consistent with the initial conceptual plan.
Generally, the revised design impacts fewer Sandpointe West lots
with the placement of buildings, has less building mass within 50'
of the property line, and proposes fewer parking spaces. The
design also restricts the structures to one story, breaks -up the
structure into more of a campus courtyard design, and provides
buildings that are closer to a residential scale.
.Briefly listed below is a plan comparison
elements that have changed from the initial
-- recently proposed revised plan:
Initial Plan
Setbacks (north 50'
side)
Building Height: _ 2 story
Number of Parking
Spaces: 230 spaces
Building Area: 24,700 sq. ft.
Roof type: �. no resttiction
10
of the major design
conceptual plan to the
Revised Plan
50' to 70'
(majority of
building area:
62-)
1 story,
220 spaces
24,000 sq. ft.
restricted to sloped
roof treatment
® M
There are some minor design conflicts between the two plans. Staff
will rely on the initial submittal to control. These "conflict"
items include the location of the proposed tennis court and the
location of the 10' Type "C" buffer. In the new plan, the buffer
is partially located in the same area as the existing.5' drainage
easement located along Sandpointe Lane; the original plan.clearly
shows that the buffer will be located outside of the existing 5'
easement. Also, the initial plan provides a 10' off-site landscape
easement along the western boundary of the project within which a
Type "C" buffer is to be constructed. The Type "C" buffer is to be
constructed by others, but will be maintained by St. Edwards. With
the understandingthat the original plan controls over the revised
plan on these minor items, staff finds that the revised conceptual
plan is consistent with the county's land development regulations.
RECOMMENDATION:
Based upon the analysis, staff recommends that the Board of County
Commissioners grant special exception use and conceptual plan
approval (revised design plan sheet attached as an amendment to the
original conceptual plan set) for the St. Edwards Upper School
expansion with the.following conditions:
1. That school enrollment shall not be increased beyond 375
students without county review and approval of the impacts
associated with such increase.
2. That all required perimeter buffer improvements be installed
prior to final inspection or prior to the issuance of a
certificate of occupancy (C.O. ) for the first phase of project
development, and that said buffer shall contain a 6' opaque
feature along the site's West Sandpointe Lane frontage.
The Chairman opened the Public Bearing and asked if anyone
wished to be heard in this matter.
Bill Stewart, attorney representing St. Edward's School,
advised that they have come to agreement on the site plan changes
proposed at the last meeting by the residents of Sandpointe and
their counsel, Attorney Bruce Barkett. The only difference between
the parties is that Mr. Barkett wishes to have some-:_.of.these issues
made conditions of approval.
Attorney Stewart summarized the items discussed with the
Sandpointe West, noting that the revised site plan reduces the
middle school building from two stories to one story; increases
setbacks in some areas; decreases the amount of parking spaces;
calls for a sloped roof; and reduces the square footage to 24,000
ft. They also discussed some convenience issues, and St. Edward's
has agreed to construction taking place only during normal business
hours. Another concern was about the lighting of the tennis courts
if they are moved, and St. Edward's will accommodate that. The
residents of Sandpointe West and Attorney Barkett indicated that
they would cooperate in the vacation of that portion of the plat
involved and also in releasing that property from the Declaration
QTR 6 1994
APR 2 6 1994 Boa 2 ��� 26 _
of Covenants and Restrictions. With regard to moving the existing
buffer, St. Edward's intends to move it within a reasonable time,
180 days.
Attorney Stewart believed everybody came away satisfied and
had shown good spirit in sitting down and working through these
issues.
Bruce Barkett, attorney for the residents of Sandpointe West,
thanked the Board for the two -week's postponement of this public
hearing. He agreed that the discussions were productive. While
they have come to agreement on the terms and conditions, they have
not agreed on the method of implementation. Because this matter is
going forward before the plat has been revised, they believe that
the conditions they have agreed to must be put as special
conditions of approval in order to be enforceable.
Attorney Barkett gave a copy of the following outline of
conditions to Chairman Tippin:
PROPOSED CONDITIONS FOR ST. EDWARD'S CONCEPTUAL
SPECIAL EXCEPTION PLAN APPROVAL SP -MA -94-04-10
In addition to the Staff's recommendation•for approval of the
above -referenced application, the property owners of Sandpointe
Subdivision recommend the following conditions:
1. That a type "B" perimeter bufferkbe installed _Y t-.
ELd� within ninety (90) days of conceptual plan approval.
2. That the sketch or plan of the proposed building
submitted at the April 11, 1994 meeting of the Board of County
Commissioners be adopted as the standard against which the site
plan will be measured: no greater area of the building shall
extend further north.than.the northernmost lines of the building
depicted on the said plan at 50 feet, 62 feet, etc., nor shall any
greater area of the building extend further west, nor shall the
building be divided into two or more buildings unless it is -ta w►►�w
Foo-��,� t,,s r.aarn 7 7y -L of the building envelope or envelopes
parallel to the road.
3. That the building shall be limited to one story and have
a sloped roof with barrel tiles with a height not to exceed 20 feet
above finished floor elevation.
4. That no building shall be
placed west of the west line of the building depicted on the April
4, 1994 plan.
5. That construction on and during the special exception
improvements shall be limited to the times and- days provided in the
Declaration of Covenants, Conditions, Reservations and Restrictions
for.Sandpointe Subdivision.
ff%\Aw(�"A e 14w"
12
_ M M
There being no others who wished to be heard, Chairman Tippin
closed the Public Hearing.
Commissioner Adams was concerned about the five conditions
presented by Attorney Barkett. She felt those conditions should go
before the Planning & Zoning Commission in their consideration of
site plan approval. She preferred to stay with the two conditions
set forth in staff's recommendation.
MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Eggert, that the Board grant special
exception use and conceptual site plan approval
(revised design plan)_ for the St. Edward's Upper
School expansion with the two conditions set forth
in staff's recommendation.
Under discussion, Commissioner Macht understood then that the
conditions presented by Attorney Barkett would be reviewed by the
Planning & Zoning Commission under their normal process.
THE -CHAIRMAN CALLED FOR -THE QUESTION.
The Motion carried unanimously.
PUBLIC HEARING - SULLIVAN REQUEST FOR PLANNED DEVELOPMENT SPECIAL
EXCEPTION USE AND PRELIMINARY PD PLAN APPROVAL FOR A 134 -UNIT
RESIDENTIAL PLANNED DEVELOPMENT
Attorney Vitunac announced that this Public Hearing has been
properly advertised, as follows:
13
APR 2 6 1994
Boos 92 FAu.265
APR 2 6 1994
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
a
In the matter
In the
Iished In said newspaper In the issues of V
Court, was pub -
Affiant further says that the said Vero Beach Press -Journal is a newspaper publ}shed at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rbWte, commission or refund for the purpose of securing this
advgr,%,1XgWAnt for publication in the said newspaper.
ts,�vraan;�rg9cribed before me this.dayof<� 'L41A.D. 19'�OF
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Jane 79, �Pirea
1997
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Attorney Vitunac swore in those people who expected to give
testimony in this matter.
Planning Director Stan Boling presented staff's recommendation
for approval with conditions:
14
S
MY
TO: James E. Chandler
County -Administrator
DI ION HEAD CONCURRENCE:
o ertV. 9'ehlEtAly AlaW
Community De a opment irector
THROUGH: Stan Boling, AICP
Planning Director
FROM: John W. McCoy, AICP /_f0 A
Senior Planner, Current Development
DATE: April 12, 1994
SUBJECT: Charles Sullivan, Sr.'s Request for P.D. Special
Exception Use and Preliminary PD Plan Approval for a 134
Unit Residential Planned Development
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of April 26, 1994.
EGI Group, on -behalf of Charles Sullivan, Sr., has submitted an
application for P.D. special exception use and preliminary PD plan
approval to construct a 134 unit (single family, detached)
residential planned development (P.D.). The subject property is
located at the- northeast corner of 90th Avenue and 8th Street, is
irregularly shaped (see attachment #2), and is split -zoned with the
northern portion of the project zoned RM -6 and the southern portion
zoned RS -3.
The proposed project is to be developed in two phases, with the _
southern portion to be developed first. The site contains a
significant area of wetlands which is the reason the applicant has
opted for the design flexibility provided via the PD process, to
"cluster" development outside of the majority of wetland areas.
*PD Review/Approval Process
The approval steps in the PD process are as follows:
Approval Needed Reviewing Body
1. Conceptual Plan/Special Exception PfiZC andgACC
2. Preliminary PD/Site Plan 4uC
3. Land Development Permits Staff
4. Final PD (plat) BCC
The Board of County Commissioners is now to act on the concept
plan/special exception approval request by approving, approving
with conditions, or denying the request. Pursuant to section
15
APR 2 61994 BOOK 92 PA,UF
APR 2 61994 BOOK 92 PACE 268
971.05 of the county's land development regulations concerning the
review of special exception uses, the Board of County Commissioners
is to consider the appropriateness of the requested use based upon
the submitted conceptual plan, the suitability of the site for that
use, the Planning and Zoning Commission's recommendation, and the
staff's recommendation. The Board may attach any conditions and
safeguards necessary to ensure compatibility of the use with the
surrounding area.
The Planning and Zoning Commission considered this item at its
regularly scheduled meeting of March 24, 1994. The Planning and
Zoning Commission voted unanimously (7 to 0) to recommend that the
Board of County Commissioners grant special exception use approval
for Glendale Oaks with the conditions as recommended by staff, and
grant the proposed project planned development waivers (as
described later in this report). Please see attachment #5 for the
Planning and Zoning Commission minutes. *The Planning and Zoning
Commission also approved the preliminary PD plan subject to the
Board approving the special exception use request. Therefore, if
the Board grants special exception use approval, then the
preliminary PD plan approval will be effective.
ANALYSIS:
1. Zoning Classification:
Phase I: RS -31 Residential Single Family -District (up
to 3 units per acre)
Phase II: RM -61 Residential Multi -Family District (up to
6 units per acre)
2. Land Use Designation:
Phase I: M-11 Medium Density k (up to 8 units per acre)
Phase II: M-11 Medium Density 1 (up to 8 units per acre)
3. Density: 134 lots, one detached single family unit per lot.
Phase I: 2.54 units/acre
Phase II: 5.06 units/acre
Overall: 3.14 units/acre
4. Utilities: In accordance with the requirements of the
county'a Utility Connection Matrix, this project will connect
to public water and wastewater facilities which will be
provided by the Indian River County Department of Utility
Services.
5. Traffic Circulation: In Phase I, the proposed project will
connect to 8th Street and 90th Avenue via a series of internal
roads that will provide access to the individual lots. In
Phase II, the project will connect to 12th Street via an
internal road network that will serve individual lots. The
segment of 12th Street to which the Phase II internal roadway
will connect is currently unpaved. Pursuant to county road
paving requirements, this segment of 12th Street will need to
be paved along with the development of Phase II. Therefore,
prior to the connecting of Phase II to 12th Street, 12th
Street must be paved from the project entrance to 90th Avenue.
Since the project will have multiple access points, staff's
opinion is that there is no need for an emergency entrance.
Also, a traffic analysis that was submitted to and accepted by
the county Traffic Engineering Division indicates that no off-
site traffic improvements and no project turn lanes are
required by the LDRs, and none are proposed. The traffic
circulation plan has been reviewed and approved by the County
Traffic Engineering Division, subject to the previously
described 12th Street paving condition for Phase II.
6. Stormwater Management: The conceptual stormwater management
plan has been approved by the Public Works Department. The
applicant must obtain Type "A" and "B" stormwater permits as
part of the project land development permit review and
approval process.
7. Thoroughfare Plan: Both 8th Street and 90th Avenue are listed
as collectors on the County's Thoroughfare Plan, and require
80' of right-of-way. Presently, 60' of right-of-way exists
for 8th Street, and the applicant has depicted an additional
20' for future acquisition by the county to accommodate the
required 801. There is 65' of right-of-way existing for 90th
Avenue, and the applicant has depicted an additional 15' of
right-of-way to be acquired by the county to accommodate the
required 801. No additional right-of-way for 12th Street is
required from the project site since a drainage district canal
is located between the site and 12th Street. Thus, the
proposed plan accommodates all necessary future right-of-way
for abutting Thoroughfare Plan roads.
8. Environmental Issues:
•Upland Habitat
Since the subject property is greater than 5 acres in size,
the project is required to provide for the preservation of on-
site upland habitat areas, pursuant to the provisions of
Section 929.05. The applicant has acknowledged these
requirements and has made provisions on the preliminary PD
plat that address these requirements. The project will
preserve 3.2 acres and 1.2 acres of native uplands in Phases
I and II, respectively. The areas will be preserved through
conservation easements established via the final.plat. These
proposed preservation areas exceed the requirement to preserve
15% of the existing native uplands.
•Wetlands
There are 14.09 acres of existing wetlands on the site. The
applicant proposes to fill 1.47 acres of wetlands through the
course of the development, and to create 2.29 acres of
wetlands. This will result in 15.91 acres of wetlands overall
on the project site at the conclusion of the project. The
applicant will also enhance and protect 13.62 acres of
existing wetlands by restoring the wetland hydFp-Oeriod and by
placing all of the wetlands in a conservation easement. These
provisions meet the county's wetland mitigation requirements.
A final mitigation plan will be reviewed and approved in
coordination with jurisdictional environmental agencies,
through the county wetland resource permit process. Prior to
the issuance of a land development permit, the applicant will
need to obtain a wetland resource permit for the project.
9. Required Improvements: For the subject property's
corresponding RS -3 and RM -6 zoning districts, bikeways
sidewalks, and streetlights may -be required improvements
[911.07(6) & 911.08(6)]. For this project, the following
improvements are required.
17
APR 2 6 1994 BOOK 92 PAGF.269
APP 26 1994 BooK 9 2 Ft,U F `�70
a. Bikeways: The project is not required to provide a
bikeway by the county's bikeway/sidewalk plan.
b. Sidewalks - On-site: The project is required to provide
for some type of internal pedestrian circulation system
[915.17(3)(B)6]. The applicant has noted that this
requirement will be satisfied by utilization of the
project's internal street system, and by paths proposed
to run throughout the project's open space areas. Staff
concurs that providing these facilities will satisfy the
internal pedestrian circulation requirements.
Sidewalks - Off-site: The project is required to provide
a 5' public sidewalk along its Thoroughfare Plan
designated roadway frontages for 8th Street and 90th
Avenue as required by the county's Bikeway/ Sidewalk Plan
and LDR sections 913.09(5)(C)*1.A and 915.17(3)(8)6.
These sidewalk improvements are depicted on the plans.
c. Streetlights: The project is required to provide
internal and external_(e.g. entrance road ihtersection)
streetlighting. The applicant has acknowledged this
requirement. The streetlight locations will be required
to be depicted on the land development permit plans, and
the streetlights will need to be maintained by the
property owners' association.
10. Buffers and Setbacks: All planned developments are required
to provide a 25' perimeter setback; the required setback is
depicted on the proposed preliminary PD plat. Pursuant to the
compatibility standard in section 915.16, there is no specific
buffer requirement for this project. It is staff's opinion,
however,that either a 6' opaque feature or Type "D" buffer
needs to be provided as a buffer for properties adjacent to
the proposed lots in Block A and H (southeast and northwest
Project area perimeter).
Via the design of the project, the applicant is creating a
double_ frontage lot situation for proposed lots along 8th
Street and 90th Avenue. Such double frontage lot situations
require buffering pursuant to LDR section 913.09(3)(c)5. The
applicant is proposing a Type "B" buffer along the project's
90th Avenue and 8th Street frontages; this will meet the
double frontage buffer requirement.
11. Dedications: The applicant intends to dedicate subdivision
improvements at the time of final plat, as follows:
1. Streets & Rights -of -Way: Private/Property Owners'
Association
2. Utility Easements: Public/Indian River County.
3. Stormwater Management: Private/Property Owners'
Association
4. Landscaping Easement: Private/Property Owners
Association
5, Streetlighting: Private/Property Owners' Association
6. Conservation Areas: Public & Private/Indian River
County, Property Owners' Association, St. Johns River
Water Management Control District
18
12. Street Name Request: Section 951.05(4)(b) requires that new
roadways bear street number designations in order to provide
for a uniform road addressing and designation system. The
applicant has requested the ability to utilize street name
designations for the project roadways. Some street name
designation requests have been approved for subdivision
projects located on the barrier island (e.g. Seaview
Subdivision). This is due to the predominance of a street
name road system that already exists on the barrier island.
The area surrounding the subject site contains existing
development served by roads bearing street number
designations. Maintaining and continuing the street number
designations is necessary and consistent with the Chapter 951
standards which were formulated to ensure the efficient
delivery of emergency services and mail, and for ease of
locating residences. It is staff's position, as well as the
Planning and Zoning Commission's recommendation, that the
applicant's request to utilize street name designations should
be denied. The project should be required to utilize street
number designations pursuant to Chapter 951 standards.
13. Requested Waivers: The applicant has requested the following
waivers, pursuant to the provisions of PD section 915.15(1).
The following is a comparison of the zoning district
requirements and the proposed waivers:
Rs -3 RM -6 Proposed
Development Single -Family Development
Development Standard
Minimum Lot
Size
12,000 sq.ft.
7,000 sq.ft.
4,000 sq.ft
Minimum Lot
Width
s0'
70'
50'
Setbacks:
Front yard
25'
251
15'
Rear yard
25'
25'
51
Side yard
15'
10'
0/101*
Side corner
25'
25'
10'
Pools, pool
decks, patios,
& screed
10'
10'
51
Rear perimeter 25' 25'
25' PD setback
*Note: There will be a10' side yard setback for a home from one
side lot line, and 0' along the opposite side lot line (see
attachment #4).
*Roof Overhangs: The applicant is also requesting that roof
overhangs be allowed to be placed within 3' of a side property
line rather than within 61, as normally required by code. The
3' is acceptable to staff as long as the overhang does not
encroach into publicly dedicated easements.
•Roadway Design: The applicant is requesting that the minimum
allowable right-of-way width be reduced from 50' to 341. The
Technical Review Committee members have approved the 34'
right-of-way, with the provision of 10' easements on either
side of rights-of-way, thereby providing an effective 54'
width for infrastructure improvements. The plans depict such
easements.
19
APR 2 61994 BOOK 92 wx 271
gym, 92 F,* 272
The applicant has also requested that the minimum 100' tangent
at intersections be reduced, that the minimum design speed for
roads over 1,000 lineal feet be reduced from 30 mph to 20 mph,
and that the minimum design speed for roads less than 1,000
lineal feet be reduced from 20 mph to 15 mph. Given the
design and layout of the project, the overall project density,
and the environmental site constraints, the county engineering
division has no objections to the requested reductions in
these standards.
14. Concurrency: The Long Range Planning staff has indicated that
a conditional concurrency certificate has been issued for the
project. Thus, all concurrency requirements related to
preliminary PD plan approval are satisfied.
15. Surrounding Land Use & Zoning:
North: Vacant, 12th Street, Residential Mobile Home
Park/A-1, RMH-8
South: Vacant, 8th Street/RS-3
East: Vacant, Residential/A-1 -
West: Vacant, 90th Avenue, Residential/A-1
RECOMMENDATION:
Based on the analysis performed, staff recommends that --the Board of
County Commissioners:
1. Grant approval of the planned development special exception
use request for Glendale Oaks with the following conditions:
a. That the applicant be -required to use street numbers that
conform to Chapter 951 standards.
b. That the applicant shall grant the native upland
conservation easements via the final plat as depicted on
tile` approved preliminary PD plan/plat.
c. That prior to the issuance of a land development permit,
the applicant shall obtain a wetlands resource permit.
d. That a 6' opaque feature or Type "D" buffer be
constructed as a required subdivision improvement where
the proposed lots abut the project perimeter (proposed
Block A Lots 5-18, Block H lots 1-20).
e. That prior to connecting Phase II to 12th Street, 12th
Street be paved from the project entrance to 90th Avenue.
2. Grant the planned development waivers as listed in item 13 -of
the staff report.
W
Director Boling pointed out the wetlands area on the subject
property, noting that this is exactly the kind of a situation where
a Planned Development works.
Commissioner Macht asked about _street names and street
numbers, and Director Boling explained that staff is recommending
that the applicant be required to use street numbers that conform
to Chapter 951 standards, which specifies that all streets,
avenues, circles, squares, courts and lanes have to concur with the
County's numbering grid.
- Community Development Director Bob Keating emphasized that
Planning staff is strongly in support of compliance with the
County's street numbering grid.
Chairman Tippin opened the Public Hearing and asked if anyone
wished to be heard in this matter.
William Mills of EGI Group, on behalf of Charles Sullivan,
Sr., advised that they have received approval from 17 agencies
prior to coming before the Board of County Commissioners. The only
difference they have is that they -would prefer naming the streets
instead of numbering the streets. They have named some of the
streets for plants that appear in the environmentally sensitive
lands which are a part of this subdivision. He mentioned that the
barrier island has named streets for plants and trees, -and he has
not heard of emergency services having any trouble responding to
calls over there. Mr. Mills urged the Board to allowthemto name
the streets in Glendale Oaks.
Commissioner Eggert explained that the street names on the
barrier island are alphabetized, which helps a lot in responding to
emergency calls.
Mr. Mills stated that they would alphabetize the names in
Glendale Oaks.
There being no others who wished to be `heatd,' the Board closed
the Public Hearing.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Bird, the Board unanimously granted
approval of the planned development special
exception use request for Glendale Oaks with the
conditions set forth by staff except for the
requirement to use street numbers that conform to
Chapter 951 standards; and granted the -planned
development waivers as listed in item #13 of staff's
recommendation.
APR 2 61994 21 BuK 92 PArF 273
APR 2 6 1994 800K 92 FACE -274
AUTHORIZATION FOR STAFF TO DRAW UPON LETTERS OF CREDIT FOR
COPELAND'S LANDING, PHASE II AND III OR ACCEPT REPLACEMENT LETTERS
OF CREDIT AND EXTEND THE CONTRACTS FOR REQUIRED IMPROVEMENTS
The Board reviewed the following memo dated 4/13/94:
TO: James E. Chandler
County Administrator
DI N HEAD CONCURRE E:
A 400
ert M. Reat q, ICP
Community De a opme t Dir for
THROUGH: Stan Boling,,eAiuICP
Planning Director
FROM: John W: McCoy, AICP , Mk
Senior Planner, Current Development
-- DATE: April 13, 1994
SUBJECT: Request to Authorize Staff to Draw Upon Letters of Credit
for Copeland's Landing, Phases II and III or Accept
Replacement Letters of Credit and Extend the Contracts
for Required Improvements
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of April 26, 1994.
DESCRIPTION AND CONDITIONS:
Copelands Landing is a multi -phase residential development located
on the north side of 73rd Street between US 1 and the Indian River.
On May 5, 1992, the Board of County Commissioners approved
Copeland's Landing Phase II final plat, based on the developer
posting security to guarantee construction of required
improvements. Subsequently, on December 8, 1992, the Board of
County Commissioners granted final plat approval for Copeland's
Landing Riverside (Phase III), based on the developer posting
security to guarantee a contract to complete required improvements.
In addition to the Phase II and. Phase III improvements, the
developer also guaranteed construction of certain wetland
mitigation improvements. Although the construction contract
deadline for completing these improvements occurred February 8,
1994, the security posted to guarantee the construction is still
valid. However, the security will expire on May 8, 1994. unless the
developer completes construction or unless the county takes action
now to ensure that the security is either "pulled" or replaced
before May 8th.
ANALYSIS:
The county has 3 letters -of credit submitted by the developer to
guarantee construction of the Phase II, Phase III, and wetland
mitigation required improvements. The letters of credit are in the
amounts of $221,000 to guarantee phase II construction, $71,000 to
guarantee phase III construction, and $49,500 to guarantee wetland
mitigation work in the project's mosquito impoundment. This
wetland mitigation- work is tied td both phases. On October 12,
22
1993, the Board of County Commissioners granted -a second extension
to the construction deadline, allowing the deadline to be extended
to February 8, 1994.
Since the developer is in breach of contracts with the county to
complete the required improvements by February 8, 1994, and since
the letters of credit guaranteeing the contracts on Phase II, Phase
III, and mosquito impoundment improvements are due to expire on PBy
Sr 1994, staff is requesting that the Board take action now
protect the county's interests to have.the improvements completed.
To date,- the "bonded -out" required construction has not been
completed, and no. certificate of completion has been issued by the
county certifying that the construction has been completed in an
acceptable manner. Although not complete, the developer has done
significant work within Phases II and III and may request that the
letters of credit be extended, and reduced in an amount
commensurate with the work completed. The Public Works Director
can approve a reduction in the letters of credit based upon a
certified engineers cost estimate pursuant to subdivision ordinance
section 913.10(2). If reduced letters of credit are proposed, the
amount of the reduction must be approved by the Public Works
Director 10 days prior to the expiration of the existing letters of
credit. However, only the Board of County Commissioners can grant
a time extension for the contracts for required improvements and
for the corresponding posted security.
Staff is requesting that the Board of County Commissioners
authorize staff to approve a one year extension for -the contracts
for required improvements and.corresponding posted security. Such
extensions would allow more time for the developer to complete the
project. However, if the developer does not soon provide
replacement contracts and posted security, the county will need to
act to pull the existing letters of credit.
Staff is also requesting that the Board of County Commissioners
authorize the chairman to execute the attached resolutions,
enabling staff to draw upon the letters'of credit. Staff will act
to draw upon the letters of credit prior to their expiration if the
applicant either fails to obtain a certificate of completion or
fails to submit amended letters of credit and executed, extended
contracts for construction which are acceptable to the county
attorney's office.
If the letters of credit are drawn on by the county, the county
would use the funds to ensure that the required improvements are
completed. Staff would return to the developer any funds remaining
after completion of the project, and after the one year warranty
period expires.
RECOMMENDATION:
Based upon the above analysis, staff recommends that the Board of
County Commissioners:
1. Authorize the Chairman to sign the attached resolutions,
authorizing staff to draw upon the full amount of the letters
of credit, if necessary; and
2. Authorize the Chairman to sign any properly executed revised
contracts for construction, as approved by the county
attorney, and authorize staff to accept any properly amended
and executed letters of credit.
APR 6 1994 z3 BOOK 92 PAGE275
rr,- -1
APR2 61994 BOOK 92 FACT 276 ,
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolutions 94-58, 94-59, and 94-60, certifying the
default of Copeland Landing, Inc. and authorizing
draft on letters of credit from Nationsbank
International Miami, First Union National Bank of
Florida (N-392164), and First Union National Bank of
Florida (N-383821), respectively.
4/94(N ESO\oopela= cl)LEGAL(WGIII /zilarn)
(mosquito lmpouz clr ant)
RESOLUTION NO. 94- 5
A RESOLUTION OF_ _ THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
CERTIFYING THE DEFAULT OF COPELAND LANDING,
INC. UNDER THE TERMS OF CONTRACT NO.
PRD -90-10-09 AND AUTHORIZING DRAFT ON
NATIONSBANK INTERNATIONAL MIAMI LETTER OF
CREDIT NO. EM29888092 DATED JULY 29, 1992 WITH
AMENDMENT NO. 1 DATED DECEMBER 1, 1992 AND
AMENDMENT NO. 2 DATED OCTOBER 14, 1993 (ISSUING
BANK - CAISSE CENTRALE DES JARDINS, MONTREAL,
REF.: LCS 4788/185; DATED. JULY 15, 1992) .
WHEREAS, County Development Regulations require development
plat improvements to be in place before a plat is recorded; and
WHEREAS, a plat may be recorded prior to construction of
required improvements if the developer contracts with the County to complete
those required improvements within one year of final plat approval and posts
adequate security to guaranty that contractual agreement; and
24
RESOLUTION NO. 94- 58
WHEREAS, COPELAND LANDING, INC.,' a Florida corporation,
entered into a contract on - behalf of the development known as Copelands
Landing Riverside, P. R. D. which contract was numbered PRD -90-10-09; and
WHEREAS, the contract was secured by a NationsBank
International Miami Irrevocable Letter of Credit No. EM29888092 (Issuing
Bank Ref.: LCS 4788/189) in the amount of $55,000.00 with issue date of
July, 29, 1992 with Amendment No. 1 dated December 1, 1992, lowering the
amount to $49,500.00 and extending the expiration date to November 8, 1993,
and with Amendment No. 2 extending the expiration date to May 8, 1994 and
changing the Issuing Bank's_ Reference Number to "LCS 4788/18511, naming
Indian River County Board of County Commissioners as beneficiary with
Caisse Centrale Des. Jardins, Montreal, Canada as issuing bank (Irrevocable
Letter of Credit No. LCS 4788/189 now LCS. 4788/185); and
WHEREAS, COPELAND LANDING, INC. has failed to perform its
obligations under the "Contract _for Construction of Required Improvements
No. PRD -90-10-09".
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida that:
1. The above statements are ratified in their entirety.
2. WE HEREBY CERTIFY THAT COPELAND LANDING, INC. HAS
DEFAULTED UNDER THE TERMS OF THE COPELANDS LANDING RIVERSIDE,
P.R.D. CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
NO. PRD -90-10-09 BETWEEN COPELAND LANDING, INC. AND INDIAN RIVER
COUNTY. THE AMOUNT OF THIS DRAWING, $49,500.00, REPRESENTS THE
AMOUNT REQUIRED BY THE COUNTY TO FULFILL THE PERFORMANCE OF
SAID CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NO.
PRD -90-10-09.
3. Developer, Copeland Landing, Inc. has been notified of the
deficiencies in its performance of Contract No. PRD -90-10-09.
4. The Chairman of the Board of County Commissioners of Indian
River County is hereby authorized to execute this resolution certifying
default along with any other necessary documents to call the Irrevocable
Letter of Credit of Caisse Centrale Des Jardins, Montreal, Canada (Issuing
Bank Ref.: LCS 4788/185) by draft drawn on NationsBank International Miami
L / C Ref. No. EM29888092, as amended.
25
.APP 2 6 1994 Boa 92 FACF 27 (
APR 2 6 1994
BOOK. �2 Fpf,F 278
RESOLUTION NO. 94-_:�
5. This draft is drawn on NationsBank International Miami Letter
of Credit No. EM29888092 dated July 29, 1992 with Amendment No. 1 dated
December 1, 1992 and Amendment No. 2 dated October 14, 1993; reference
Caisse Centrale Des Jardins, Montreal, Canada issuing bank Letter of Credit
No. LCS 4788/185 dated July 15, 1992.
6. The Director of the Indian River County Office of Management
and Budget is hereby directed to submit this resolution, original confirming
letter of credit of NationsBank International Miami with Amendment No. 1,
Amendment No. 2 and the validated copy of the original Letter of Credit
issued by Caisse Centrale Des Jardins, Montreal, Canada, by sight draft in
the amount of $49,500.00 U.S. dollars marked "DRAWN ON IRREVOCABLE
LETTER OF CREDIT NO. LCS 4788/185 AND NATIONSBANK INT'L
REFERENCE NUMBER EM2988809211, to L/C Department, NationsBank
International- Miami, _ 80 S.W. 8th Street, 23rd Floor, Miami, Florida 33130,
U.S.A.,- arriving at the counters of NationsBank International Miami prior to
3:30 p.m. on May 6, 1994.
The • foregoing resolution was offered by Commissioner Adams
and seconded by Commissioner Eggert , and, being put to a vote, the
vote was as follows:
Chairman John W. Tippin A y e
Vice Chairman Kenneth R. Macht Aye
Commissioner Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 26th day of April, 1994.
ATTEST:
26
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
Y
/ John W .ip in, man
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
8Y
WILLIAM G. COLLINS II
DEPUTY COUNTY ATTORNEY
RESOLUTION NO. 94- 59
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
CERTIFYING THE DEFAULT OF COPELAND LANDING,
INC. UNDER THE TERMS OF CONTRACT NO.
PRD -90-10-09 AND AUTHORIZING DRAFT ON FIRST
UNION NATIONAL BANK OF FLORIDA STANDBY
LETTER OF CREDIT REFERENCE NO. X510105 (ISSUING
BANK: CHEMICAL BANK NEW YORK, LETTER OF
CREDIT NO. N-392164) EFFECTIVE SEPTEMBER 20,
1992, CONFIRMED OCTOBER 1, 1992 WITH AMENDMENTS
DATED OCTOBER 26, 1992, NOVEMBER 25, 1992, AND
OCTOBER 14, 1993.
WHEREAS, County Development Regulations require development
plat improvements to be in place before a plat is recorded; and
WHEREAS, a plat may be recorded prior to construction of
required improvements if the developer contracts with the County to complete
those required improvements within one year of final plat approval and posts
adequate security to guaranty that contractual agreement; and
WHEREAS, COPELAND LANDING, INC., a Florida corporation,
entered into a contract on behalf of the development known as Copelands
Landing Riverside, P.R.D. which contract was numbered PRD -90-10-09; and
WHEREAS, the contract was secured by a First Union National
Bank of Florida Standby Letter of Credit Reference No. X510105 (Issuing
Bank: Chemical Bank New York, Letter of Credit .No. N-392164) in the
amount Qf $71,000.00 with effective date of September 20, 1992, naming
Indian River County Board of County Commissioners as beneficiary with
Chemical Bank New York, 55 Water Street, New York, New York 10041 as
issuing bank, as amended by First Union National Bank of Florida
Amendments dated October 26, 1992, November 25, 1992, and October 14,
1993, extending the expiration date to May 8, 1994; and
WHEREAS, COPELAND LANDING, .INC. has failed to perform its
obligations under the "Contract for Construction of Required Improvements
No. PRD -90-10-09".
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida that:
1. The above statements are ratified in their entirety.
2. WE
HEREBY
CERTIFY THAT
"COPELAND'S LANDING, INC.
HAS DEFAULTED
UNDER
THE TERMS
OF THE AFOREMENTIONED
CONTRACT FOR REQUIRED IMPROVEMENTS, AND THAT THE AMOUNT OF
THE DRAFT REPRESENTS THE AMOUNT REQUIRED BY THE COUNTY TO
FULFILL THE PERFORMANCE OF THE SAID CONTRACT FOR THE REQUIRED
IMPROVEMENTS . "
27
0
�ar�F 9
moo 97,
APR 2 61994 BOOK 9 2 8 0
3. Developer, Copeland Landing, Inc. has been notified of the
deficiencies in its performance of Contract No. PRD -90-10-09.
4. The Chairman of the Board of County Commissioners of Indian
River County is hereby authorized to execute this resolution certifying
default along with any other necessary documents to call the Standby Letter
of Credit of First Union National Bank of Florida Reference No. X510105, as
amended (Issuing Bank: Chemical Bank New York, Letter of Credit No.
N-392164, 55 Water Street, New York, New York 10041) .
5. This draft is drawn under Irrevocable Letter -of Credit No.
N-390814 of Chemical Bank New York - First Union National Bank of Florida
Reference No. X510105 with effective date of September 20, 1992, confirmed
October 1, 1992 with Amendments effective October 26, 1992, November 25,
1992, and October 14, 1993 which original Letter of Credit and Amendments
are attached hereto.
6. The Director of the Indian River County Office of Management
and Budget is hereby directed to submit this resolution and the original
Letter of Credit with amendments by'�sight draft for $71,000.00 U.S. dollars
marked "DRAWN UNDER IRREVOCABLE LETTER OF CREDIT NO. N-392164
OF CHEMICAL BANK NEW YORK = FIRST UNION NATIONAL BANK OF
FLORIDA REFERENCE NO. X510105" to First Union National Bank of Florida,
Letters of Credit Department (FL6042), 200 South Biscayne Boulevard, 12th
Floor, Miami, Florida 33131, arriving at the counters of First Union National
Bank of Florida prior to May 6, 1994.
The foregoing resolution was offered by Commissioner Adam e
and seconded by Commissioner _Eggert , and, being put to a vote, the
vote was as follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 26th day of April, 1994.
ATTEST:
Jeffrey K. Barton, C erk
28
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
By �► /_
John -W . Tippin, i rman '
v
RESOLUTION NO. 94- 6
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
CERTIFYING THE DEFAULT OF COPELAND LANDING,
INC. UNDER THE TERMS OF CONTRACT NO.
SD -87-05-06 AND AUTHORIZING DRAFT ON FIRST
UNION NATIONAL BANK OF FLORIDA STANDBY
LETTER OF CREDIT REFERENCE NO. X500872 (ISSUING
BANK: CHEMICAL BANK NEW YORK, LETTER OF
CREDIT NO. N/383821) DATED MARCH 17, 1992 WITH
AMENDMENTS DATED MARCH 30, 1992, AUGUST 1,
1992, OCTOBER 15, 1992, NOVEMBER 27, 1992, AND
OCTOBER 14, 1993. '
WHEREAS, County Development Regulations require development
plat improvements to be in place before a plat is recorded; and
WHEREAS, a plat may be recorded prior to construction of
required development improvements if the developer contracts with the
County to complete those required development improvements within one year
of final plat approval and posts adequate security to guaranty that
contractual agreement; and
WHEREAS, COPELAND LANDING, INC., a Florida corporation,
entered into a contract on behalf of the development known as Copelands
Landing Subdivision, Phase II which contract was numbered . SD -87-05-06;
and
WHEREAS, the contract was secured by a Southeast Bank N.A.
Standby Letter of Credit No. N/383821, Advice No. 32807 dated March 17,
1992 in the amount of $292,000.00 with date of expiry -of February 11, 1993,
naming Indian River County Board of County Commissioners as beneficiary
with Chemical Bank New York, 55 Water Street, New York, New York 10041
as issuing bank; and subsequently amended by Amendment No. 001 dated
March 30, 1992 to change date of expiry to July 15, 1993; and further
amended by First Union National Bank of Florida d/b/a Southeast Bank,
N.A. Amendment dated August 1, 1992 changing the name and address of
presentment as well as changing the Letter ,-Df Credit Num`be'r from 32807 to
X500872; and further amended by First Union National Bank of Florida
Amendment dated October 15, 1992 to decrease the amount of the Letter of
Credit by $71,000.00; and further amended by First Union National Bank of
M
BOOK 92 PAGE.281:
r
APR 2 6 1994
mux. PA�� 8
RESOLUTION NO. 94- 60
w
Florida dated November 27, 1992 to extend the date of expiry to November
8, 1993, and as further amended by First Union National Bank of Florida
Amendment dated October 14, 1993 to extend the expiration date to May 8,
1994; and
WHEREAS, COPELAND LANDING, INC. has failed to perform its
obligations under the "Contract for Construction of Required Improvements
No. SD -87-05-06".
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida that:
1. The above statements are ratified in their entirety.
2. Developer, Copeland Landing, Inc. has been notified of the
deficiencies in its performance of Contract No. SD -87-05-06.
3. The Chairman of the Board of County Commissioners of Indian
River County is hereby authorized to execute this resolution certifying
default along with any other necessary documents to call the Standby Letter
of Credit of First Union National Bank of Florida, Reference No. X500872, as
amended; Issuing Bank: Chemical Bank New York, Letter of Credit No.
N/383821.
4. The Public Works Director of Indian River County is hereby
authorized to execute a letter to First Union National Bank of Florida to
accompany the sight draft, certifying that "COPELAND LANDING, INC. HAS
DEFAULTED UNDER THE TERMS OF THE AFOREMENTIONED CONTRACT
FOR REQUIRED IMPROVEMENTS, AND THAT THE AMOUNT OF THE DRAFT
REPRESENTS THE AMOUNT REQUIRED BY THE COUNTY TO FULFILL THE
PERFORMANCE OF THE SAID CONTRACT FOR THE REQUIRED
IMPROVEMENTS."
5. The Director of the Indian River County Office of Management
and Budget is hereby directed to submit the Public Works Director's letter of
certification and the original Letter of Credit with five Amendments by sight
draft in the amount of $221,000.00 U.S. dollars marked "DRAWN UNDER
IRREVOCABLE LETTER OF CREDIT NO. N-383821 OF CHEMICAL BANK NEW
YORK/FIRST UNION NATIONAL BANK OF FLORIDA REFERENCE NO.
X500872" to First Union National Bank of Florida, Letters of Credit
Department (FL6042), 200 South Biscayne Boulevard, 12th Floor, Miami,
Florida. 33131, arriving at the counters of First Union National Bank of
Florida at the close of business on or before May 5, 1994.
2
29 a
rp-
RESOLUTION NO. 94-6_
The foregoing resolution was offered by Commissioner Adams
and seconded by Commissioner Eq a e r t , and, being put to a vote, the
vote was as follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 26th day of April, 1994.
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
By
John w. Tipp1h, r'Cb61rMh
ATTEST:
.'.Fr'R01iEC ryo TO FORM
80J10 LEGAL SUFFICIENCY
Jeffr y K. Barton, Jerk cY ' •�
Z . � L 'L1AN*. G. COLLINS I'
DEPUTY COUNTY i
APPROVAL OF PELICAN ISLAND NATIONAL WILDLIFE REFUGE SIGNAGE FIND
GRANT APPLICATION
The Board reviewed the following memo dated 4/19/94:
4r
TO: James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE:
F"t
Robert M. Ke ing, AICP
Community Development Director
FROM: Roland M. DeBlois; AAICP
Chief, Environmental Planning
DATE:
April
19, 1994
RE:
Request
for County Commission Approval
of a FIND
Grant
Application for Signage at the
Pelican Island
National Wildlife Refuge
It is requested
that the data herein presented
be given' formal
consideration by
the Board of County Commissioners at -its regular
meeting
on April
26, 1994.
30
APR 2 6
1994
Boa 92 vuF283
NR 26 1994
DESCRIPTION AND CONDITIONS
A few months ago, the Board
complaints that signage at the
Refuge (PINWR) is inadequate.
residents expressed concerns that
signs do not provide sufficient
opportunities within the refuge.
BOOK 92 PACE 284
of County Commissioners heard
Pelican Island National Wildlife
Specifically, a number of area
standard federal refuge boundary
information regarding public use
Subsequently, at the Board's January 25, 1994 meeting,
representatives of the U. S. Fish and .Wildlife Service (FWS)
explained that there are federal constraints to significantly
modifying standard refuge boundary signage. At this meeting, it was
discussed that county staff would pursue filing a Florida Inland
Navigation District (FIND) grant application to fund the posting of
additional signs, to better inform the public of refuge location
and use opportunities.
County staff has since met with FWS and Environmental Learning
Center (ELC) staff to draft a grant application for PINWR signage
and an informational brochure. Attached is a copy of the proposed
FIND grant application for the -Board's consideration.
ALTERNATIVES & ANALYSIS
FIND Grant
Among its other activities, FIND provides "waterways assistance"
grants for local government waterways projects. FIND's top five
priorities under this program include projects proposing waterway
signs (and buoys) for safety, regulation or information along the
Intracoastal Waterway (ICW).
The PINWR fronts approximately 5 miles of the ICW, roughly +25% of
the total ICW length in Indian River County. Therefore, improved
information signage at the Pelican Island NWR would clearly meet
certain priority objectives of the FIND Waterways Assistance grant
program.
Project Description
Following is a summary of the FIND grant proposal (see the
attached application map and drawings for conceptual design and
location):
* Three doubled -sided 4' x 6' signs erected perpendicular
to the ICW channel, providing refuge identification and
referencing information availability at the ELC;
* One 2' X 6' sign (addition to an ELC sign) at the
east end of the ELC dock, visible from the ICW channel,
referencing PINWR information availability at the ELC;
* One "kiosk" information center located at the Wabasso
Causeway county park-, providing information about the
refuge and the Indian River Lagoon; and
* Design and production of brochures about the Pelican
Island NWR, to be available for distribution at the ELC.
The brochures will provide a map of the refuge, and an
overview of refuge history. The brochure would also
inform the public of recreational use opportunities
in the refuge, as well as any regulations, as applicable.
For purposes of grant application submittal-, project design and
locations are conceptual, subject to modifications based on
considerations such as safety, signage visibility, and specific
sign and brochure wordage. 31
Costs and Funding
Staff is proposing that the County's contribution to the project be
in-kind services. Therefore, the application would result in no
out-of-pocket cost to the County. _
Overall project cost is estimated to be $17,000 (see the Project
Cost Estimate Sheet of the application for cost per item). County
contribution will be in the form of sign construction through the
County Traffic Engineering Division._ This in-kind service is
estimated to be +$3,000, 18% of total project costs.
RECOMMENDATIONS
Staff recommends that the Board of County Commissioners approve the
attached FIND grant application for signage and an informational
brochure relating to the Pelican Island National Wildlife Refuge,
including adoption of the attached resolution explaining the
project, as required by FIND.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 94-61, approving the FIND grant
application for signage, as recommended by staff.
Commissioner Eggert requested that we go back to using our
little grant application form, and Community Development Director
Bob Keating advised that we never stopped using the form. A form
was attached to this application. There is a $3,000 match
associated with this grant. The signs would be prepared by Traffic
Engineering and that $3,000 will be in that department's budget
next year.
,
32
BOOK 92 Fb;F 02
,85
Resolution No. 94-61
RESOLUTION FOR ASSISTANCE
UNDER THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
Board of County Commiss4oners of Indian
WHEREAS, THE River County (Board)
is interested in carrying out the
(Name of Agency)
following described project for the enjoyment of the citizenry of Indian River County
and the State of Florida:
Project Title Pelican Island National Wildlife Refuge Signage and Brochure
Total Estimated Cost $ $17,000
Brief Description of Project:
Construction and placement of Pelican Island NWR information/identification
signage adjacent to the Intracoastal Waterway; construction ofaa kiosk
information display; and design and painting of a Pelican Island NWR
informational brochure.
AND, Florida Inland Navigation District financial assistance is required for the program
mentioned above,
NOW THEREFORE, be it resolved by the Board
that the project described above be authorized, (Name of Agency)
AND, be it further resolved that said Board
(Name of Agency)
make application to the Florida Inland Navigation District in the amount of 82 % of the
actual cost of the project in behalf of said Indian River County
AND, be it further resolved by the Board
that it certifies to the following: (Name of Agency)
1. That it will accept the terms and conditions set forth in FIND Rule 16T-2 F.A.C. and
which will be a part of the Project Agreement for any assistance awarded under the attached
proposal.
33
FF -
2. That it is in complete accord with the attached proposal and that it will carry out the
Program in the manner described in the proposal and any plans and specifications attached
thereto unless prior approval for any change has been received from the District.
3: That it has the ability and intention to finance its share of the cost of the project and
that the project will be operated and maintained at the expense of said Board
for public use.
(Name of Agency)
4. That it will not discriminate against any person on the basis of race, color or national .
origin in the use of any property or facility acquired or developed pursuant to this proposal,
and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964,
P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes
relating to accessibility by handicapped persons as well as other federal, state and local
laws, rules and requirements.
5. That it will maintain adequate financial records on the proposed project to substantiate
claims for reimbursement.
6. That it will make available to FIND if requested, a post -audit of expenses incurred ori *'- ..
the project prior to, or in conjunction with, request for the final 10% of the funding agreed to ;
by FIND.
This is to certify that the foregoing is a trug and correct copy of a resolution duly and
legally adopted by the _Board of County Commissioners at a legal meeting
held on this G day of G 19„z�./
ATTEST: 0 BOARD OF COUNTY COMMISSIONERS
Jeffrey K. - Barton. to ,e.INDIAN RIVER COUNTY, FLORIDA
Clerk of Court
B.
b
AhW. Tipp airma
APR 26 1994 34
L-
BOOK 92 Face 287
F_
APR 26 1994
800f +�
REQUESTS FROM GARDEN CLUB AND HISTORICAL SOCIETY TO USE NEW COUNTY
COURTHOUSE
The Board reviewed the following memo dated 4/30/94:
DATE: APRIL 20, 1994
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER�l —
COUNTY ADMINISTRATIVE
FROM: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SER
SUBJECT: NEW INDIAN RIVER COUNTY COURTHOUSE COMPLEX
INFORMATION ITEM
The Garden Club of Indian River County has requested to be on the
agenda to seek permission to use the new courthouse for a flower
show in May of 1995. The proposed show is to take place on a
Saturday and Sunday.
It is important to note that any activity such as this request,
would necessitate providing personnel to open the facility on a
week -end, provide security, and cleaning services after completion
of the activity. This will result in overtime pay to all
applicable employees. Utilities cost should;also be considered,
as traffic in and out of the building would be -heavy for an event;
such as flower show.
The Historical- Society has also made a request to establish a
permanent display in the new courthouse on history of voting in
the County. They would like to include in another area a
permanent location for a display that will change periodically.
Staff is providing some facts that should be considered when
determining how requests such as described above are to b6 -
handled. It is also requested that a procedure be established for
handling all future requests for use of the facility.
Commissioner Macht suggested that policy be formed whereby all
requests of this type would be processed through Director Dean and
Clerk of the Circuit Court Jeff Barton before coming before the
Board. The cleanup items could be handled by an escrow. deposit.
He emphasized that security in this new building amounts to_a
substantial cost.
Commissioner Eggert felt the Courthouse Committee should be
the one to bring this forward.
Administrator Chandler pointed out that the Garden Club needs
approval a year in advance of their event:
Commissioner Bird suggested that we just give conceptual
approval at this point and then staff can work out the logistics
and bring them back to the Board for final approval. He did feel
W"
that some attempt should -be made to recover the costs of security,
etc.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board unanimously gave
conceptual approval to the requests by the Garden
Club and Historical Society, with the details to be
worked out by staff and brought back to the Board
for final approval.
AS BUILT RESOLUTIONS AND ASSESSMENT ROLLS FOR PAVING & DRAINAGE
IMPROVEMENTS TO 91ST AVENUE BETWEEN 79TH AND 87TH STREETS IN VERO
LAKE ESTATES SUBDIVISION
The Board reviewed the following memo dated 4/5/94:
TO: James Chandler
County AdministratoVIxt THROIIGH: James W. Davis, P.EPublic Works Direct
and
Roger D. Cain, P.E.
County Engineer
FROM: Michelle A. Gentile, CET
Civil Engineer
SUWECT: As -Built Resolutions & Assessment Rolls for Paving and
Drainage Improvements to:
1) 91st Avenue between 79th Street afia'-87th Street in
Vero Lake Estates Subdivision
DATE: April 5, 1994
DESCRIPTION AND CONDITIONS
The paving of the above road has been completed. The final
assessment is as follows:
1) 91st Avenue - IRC Project No. 9211
Preliminary Estimates
Funding Sources
MSTU $180,625.86 - 9b.4±$
Special Assessment $ 19.138.50 - 9.6±%
TOTAL $199,764.36
Final Costs
MSTU $173,563.67 - 90.07±%
Special Assessment - 9.93±%
TOTAL $192,702.17
36
APR 6 1S T wr 92 Fa 9
F,
APR 2 6 1994 dooK 92 Pau 2,90
The final assessment roll has been prepared and is ready to be
delivered to the Clerk to the Board. Assessments are to be paid
within 90 days or in 2 equal installments, the first to be made
twelve months from the due date and subsequent ayments to be due
yearly from the due date at an interest rate of established by
the Board of County Commissioners. Q�
ALTERNATIVES AND ANALYSIS
Since the final costs are less than the preliminary costs, the
final cost, breakdown would be to assess the benefited owners $2.00
per front foot, deduct the difference from the MSTU account.
Funding Sources
KSTU $173,563.67
Special Assessment S 19.138.50
TOTAL $192,702.17
RECOMMENDATION
It is recommended that the final assessment roll and the "As -Built
Resolutions" for the paving of the above mentioned roads be
approved by the Board of County Commissioners and that it be
transferred to the Tax Collector for recording in the "Assessment
Lien Book" -and for collection.
Administrator Chandler noted that the interest rate should be
8 percent rather than 9-3/4.` _
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution 94-62, certifying "as -built" costs for
certain paving and drainage improvements to 91st
Avenue between 79th and 87th Streets, etc.
37
As -Built (Fourth RSS0.)
1/5/94(ENG)RES4.MAG\gfk
RESOLUTION NO. 94- 62
A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING
"AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE -
IMPROVEMENTS TO 91ST AVENUE BETWEEN 79TH STREET
AND 87TH STREET, DESIGNATED AS PROJECT NO. 9211,
AND OTHER CONSTRUCTION NECESSITATED BY SUCH
PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND
DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST.
WHEREAS, the Board of .County Commissioners of Indian
River County determined that the improvements described herein
specially benefited the property located within the boundaries as
described in this title, designated as Project No. 9211, are in
the public interest and promote the public welfare of the county;
and
WHEREAS,. on February 9,, 1993, the Board held a public
hearing in the Commission Chambers at which time the owners of
the property to be assessed were afforded an opportunity to
appear before the Board to be heard as to the propriety and
advisability of making such improvements; and
WHEREAS, after such public hearing was held the County
Commission adopted Resolution No. 9330, which confirmed the
special assessment cost of the project to the property specially
benefited by the project in the amounts listed in an attachment
to that resolution; and
WHEREAS, the Director of Public Works has certified the
actual "as -built" cost now that the project has been completed is
$2.00 per front foot, which is the same $2.00 per front foot in
the confirming Resolution No. 9330,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. Resolution No. 9330 is modified as follows: The
completion date for Project No. 9211 is declared to b°e February
15, 1994, and the last day that payment may be made avoiding
interest and penalty charges is ninety (90) days after passage of
this resolution.
APT 2 6 1994 38
BOOK �7nn
2 FA F ?9� I
AP6 1994oo� 9 C"F X92
2. Payments bearing interest at the. rate of 8* per
annum may be made in two equal installments, the first to be made
twelve (12) months from the
due date and the subsequent payments to be due yearly from the
due date. The due date is ninety (90) days after the passage of
this resolution.
3. The final assessment roll for said project listed in
Resolution No. 9330 shall be as set forth in attached Exhibit "A"
to this resolution.
4. The assessments as shown in attached Exhibit "A" shall
stand confirmed and remain legal, valid, and binding first liens
against the property against which such assessments are made
until paid.
5. The assessments shown in Exhibit "A", attached to
Resolution No.9330 were recorded by the County on the public
records of Indian River County, and the lien shall constitute
prima facie evidence of its validity.
This resolution was moved for adoption by commissioner
Bird , and the motion was seconded by
Commissioner Macht and, upon being put
to a vote, the vote was as follows:
Chairman John W. Tippin Aye
Vice -Chairman Kenneth R. Macht Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Richard N. Bird Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 2F; day of April ,
1994.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
_ By
f7O W. TIPPI ,
Chairman
Attest:
JEFFREX K. B TON,
Clerk ¢y����� .
e
s
CR -512 CORRIDOR IMPROVEMENTS - CR -510 and CR -512 INTERSECTION
IMPROVEMENTS
The Board reviewed the following memo dated 4/18/94:
TO: BOARD OF COUNTY COMMISSIONERS
T13ROUGE: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servi
Fran Boynton -Powe Purchasing Manage
FROM: James W. Davis, 2 &A.
Public Works Direc o
Roger D. Cain, P.
County Engineer
SUBJECT: IRC Bid No. 40-64 1
CR 512 Corridor Improvements; CR 510 and CR 512
Intersection Improvements
DATE: April 18, 1994
DESCRIPTION AND CONDITIONS
The Consulting Engineer and County Engineering staff have reviewed
the bids received for IRC Bid No. 40-64, CR 512 Corridor
Improvements and CR 510 And CR 512 Intersection Improvements. The
bids were as follows:
CO'iTMCTOR
ALTEPIMTE nBn
Ranger Construction
$21949,637.21
$2,936,637.21
Ft. Pierce, FL
Martin Paving
$3,035,321.94
$3,018,940.19
Vero Beach, FL
Dickerson
$3,198,563.73
$3,172,593.73
Stuart, FL__
The apparent low bidder was Ranger Construction, however upon
examining the bid of Ranger, it is an imbalanced bid as to the
earthwork quantities. The bid quantities for the earthwork included
in the bid items had an overage for borrow excavation and an
underage for regular excavation in order to compensate for the
removal of topsoil by the clearing and grubbing contract. This was
done because it was thought this would provide an upper limit for
borrow, as we believe some borrow will be required to do the
construction. It was believed this would set the maximum dollar
amount for the earthwork quantities under this contract. However,
Ranger apparently realized the quantities were conservative and
imbalanced their bid; bidding $9.00 per Cubic Yard for Regular
excavation and $.01 per Cubic Yard for Embankment and Borrow
Excavation. Thus, using the unit prices and a more accurate
estimate of the quantities for earthwork made from recent
topographic surveys taken by County Surveyor crews subsequent to
the clearing and grubbing, we anticipate that the actual costs are
as follows:
40
APR 2 6 1994
Boa 9? PPF 293
Box 9:2 fAu 2,94
We believe the quantities, .as we now compute them are significantly
different and significantly affect the scope of work that the
County's interest is best served by re -bidding this contract in the
minimum bid time allowed by law. We have discussed this with the
County attorney and that office is in agreement. No other bid
irregularities were observed.
ALTERNATIVES AND ANALYSIS
Alternative 1:
Direct Staff to re -advertise the project for bids.
Alternative 2:
Award the Contract for Hid No. 40-64 to Ranger Construction.
RECOMMENDATION AND FUNDING
Staff recommends Alternative No. 1.
Lengthy debate ensued on whether to put this project out for
rebid, and Attorney Vitunac advised that these three firms were the
only ones interested in the original bidding.
Peter Malcomb, vice president of Martin Paving, urged the
Board to limit the rebid to the three companies that bid it
initially, rather than allowing other firms to come in, review the
numbers that are there, and submit a lower bid.
Attorney Vitunac advised that it is not necessary to run an ad
on this if it is just limited to the three firms. All three must
have notice, but only representatives from two firms are here
today. The third firm must be notified.
County Engineer Roger Cain stated that a certified letter will
be sent to the third firm.
41
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously limited
the rebid of this project to the three firms listed
above, stipulating that bids are -due within one week
after the bid information is ready.
27TH AVENUE RIGHT -OF -NAY ACQUISITION - LUCINDA EDDY PROPERTY NORTH
OF STH STREET
The Board reviewed the following memo dated 4/20/94:
TO:- James E. Chandler,
County Administrator
FROM: James W. Davis.,.P.E.,
Public Works Director
SUBJECT: 27th Avenue Right -of -Way Acquisition - Lucinda
Eddy Property North of 8th Street
REF. LETTER: Randy L. Mosby -to Jim Davis dated April 14, 1994
DATE: April 20, 1994 FILE: BDDY.A=
DESCRIPTION AND CONDITIONS
Mrs. Lucinda Eddy is developing a residential subdivision on a 3.28
acre tract of land on the east side of 27th Avenue north of The
Redeemer Lutheran Church (between 8th Street and 12th Street). Due
to the future road widening, drainage, utility accommodations, and
-- pedestrian needs, an additional 25' x 487' of right-of-way is
needed along the property's frontage. The total right-of-way
parcel -size is approximately .28 acre from the parent parcel of
3.28 acres.
ALTERNATIVES AND ANALYSIS
Staff presented a proposal to purchase the .28 acre right-of-way
parcel for $12,167 which is $43,560 per acre. This price is not
acceptable to Mrs. Eddy, who is claiming that the sale of the .28
acre right-of-way parcel will result in the loss,oftr�three building
lots. Mrs. Eddy is requesting $25,000, which iso J89,285.72 per
acre, due to the alleged loss of buildable lots. The minimum lot
size for the applicable zoning district (RS -6) is 7,000 square
feet.
Staff has .ronsidered the counter offer and have the following
concerns.
1) Comparable land sales in the area have not historically
reached $89,285 per acre. One third acre lots in the area
sell for $18,000 to $20,000. Undeveloped land is on the
market for $30,000 per acre.
2) The right-of-way parcel is currently encumbered by a 69 RV
--high voltage power line.
APR 26 1994 42
BooK 92 card 5
L_ J
AN 2 6 1994
3) Staff does not understand why the loss of a .28 acre parcel
would result in loss of three lots. At the most, one .28 acre
lot would be lost, which would have the market value of
$18,000 to $20,000. The preliminary subdivision plan filed
creates larger than .28 acre lots.
Staff is of. the opinion that $25,000 ($89,285 per acre) is higher
than market conditions.
The alternatives are as follows:
Alternative No. 1
Deny the request to purchase the .28 acre parcel for
$25,000 and allow the land to be platted in its current
size and shape.
Alternative No. 2
Agree to purchase the right-of-way for $25,000 and accept
Mrs. Eddy's counter offer.
Alternative No. 3
Order a formal appraisal at a cost of $2,500 (not to
exceed). This will delay the project at least 60 days.
Alternative No 4
Request staff to attempt a settlement in the amount of
$16,000 ($1.31/SF) as the county's last offer. If it is
not accepted, the county would not acquire _the parcel.
Staff would recommend a 25' wide easement due to the 69KV
powerline location at time of platting.
RECOMMENDATIONS AND FUNDING
Alternative No. 4 is recommended. Funding to be from budgeted 27th
Avenue Capital Project funds.
Attorney Vitunac advised that *if the County purchased the
property, we would take title subject to their easement and they
would have prior rights to do whatever they are doing. We would
have to work around it or else move them at our expense..
Public Works Director Jim Davis explained that the portion of
the easement under the power line could be used for other things in
conjunction with road widening.
Randy Mosby of Mosby and Associates, Inc., representing Mrs.
Eddy, explained that their access requirement leaves them with very
little property to develop. It is their opinion they will lose 2-3
lots with the loss of the right -of -way, -and Mrs. Eddy has made a
counteroffer of $25,000.
43
After lengthy debate, Commissioner Adams suggested that we
offer Mrs. Eddy $18,500.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously offered
$18,500 to Lucinda Eddy for the .28 acre right-of-
way parcel.
PEP REEF PROJECT - STATUS REPORT
Public Works Director Jim Davis presented the following letter
dated April 22, 1994:
FIOc'ida I)el.-lal-Liiieut of
�.CC
�.1 X11 APR 1994 N
1.lVirollillent�.l1 .�.����1
"• D
RECEIVED w
•�evowti ' 111tsrjory Slottcman liune]as•llu]]tlin
BOARD COUNTY
�� COMMISSIONERS
Lnw•ton (:Mice 3900 Boulevard
!!�'IrgLda It. a' 1 1.11
Governor Tallahassee, 1' loritla 32399-3000
68 Z g
011.1.M;r4,1-a' fthl "'wax
April -22, 1994
/ldniinistrs~lOr ''� _,
Pe'ivrl;9:J
- Fran Adams, County Commissioner
: Public Wi;rl;,�,�gtl)
Board of County commissioners
Community i. ev.
1840 25th Street
Vero Beach, Florida 32960
utilities
+'
Finance
Dear'Commissi6ner Adams:
OMB
EmerR. Serv.
SUBJECT: DBS -9A0342, PEP Reef, Vero Beach, indiarFlftiMgr. Colnty
This letter is in Follow --up to my letter to
Don' Uona-Tdisr✓ion dated"
April 14, 1994, and our conversation on April
21, 1994.
The Department does not foresee the need to modify the design of
the individual patented submerged breakwater units,
The Department's concerns are focused on the impact of the proposed
(structure on -the shoreline immediately landwnrd of the structure
and adjacent-: shorelines. These concerns may require the County to
modify the proposed configuration of the units, based on the
physical end numerioal modelling, which is part of the permit
'application process. Other modifications which may be required
involve the use of sand fill to mitigate any adverse imptActs to
adjacent properties caused by the structure and mitigation of any
adverse impacts to hardbottom habitat.
Once the -application is determined to be complete, the Department
will be in a position to take ficial agency nation on the County's
request.
If you.have any questions, please contact me at (904)487-4469.
sincerely, `
KirbyGreen, III, Director...
Uivisi of Beaches and Shores.
44
APR 2 61994 GOOF 920 PAr,F,97
Fr- -1
APR 2 6 1994 ROOF 9;? PAGE298
Director Davis reported that our application is not complete
as yet, but County staff is finalizing a letter to respond to the
questions raised by the Department of Environmental Protection
(DEP) . It is our feeling that the DEP is mainly concerned with the
impact these units may have on the shoreline. He expected that
when the permit is issued, there probably will be some conditions
to mitigate anything that the modeling might show, such as sand
placement or something to that effect. The question today is
whether to issue an order to American Coastal to proceed with the
fabrication of 1,000 units as discussed at last week's meeting.
Commissioner Adams reported that she.talked with Kirby Green
of the DEP last Thursday and he reconfirmed his willingness to work
with the County. Don Donaldson reports that the physical modeling
is going real well. In addition, we received the good news last
Friday that the Wetland Resource Department of the DEP has found
our application complete. They do have a few items they want us to
clarify, but they do not see any problem with the reef. The
wetlands permit is the first of four permits.
Commissioner Adams felt comfortable with Kirby Green's letter
of April 22, 1994, and wished to note that the window is narrowing
for constructing the reef this summer.
Chairman Tippin commended Commissioner Adams on her massive
efforts to get the PEP reef through the permitting process.
However, his personal view is that the DEP continues to be an
abomination and he just doesn't trust them. He could not support
a motion to do anything ahead of having a permit in hand from this
outfit.
Commissioner Eggert also appreciated Commissioner Adams'
fantastic effort in getting the PEP reef permitted. She still felt
this is worth considering in terms of cautiously going ahead.
However, she questioned the wording in Mr. Green's letter about
modifying the proposed configuration of the units.
For better understanding of the letter, Commissioner Macht
suggested substituting the word "placement" for "configuration."
Director Davis returned to the question of issuing a notice to
proceed on the fabrication of units.
Commissioner Bird understood that if we give the go ahead for
the fabrication of units, we would be obligated to buy the units
once they'are built.
Director Davis explained that -there is a mobilization charge
of $200,000 to build the units and another $200,000 mobilization
charge to install the first 1000 feet of units.
45
Commissioner Adams explained that the down side is that if we
don't get a permit issued until August 15 and it takes 30 days*to
mobilize, we will have lost the summer to get anything installed.
If we are mobilized, we can begin installation at the drop of the
permit. She expected we would be able to install 1,000 feet this
summer if we were ready to go by July 1. Possibly, we could
install 2,000 or 3,000 feet if the units were built and cured since
that takes 30 days.
Commissioner Macht asked if we would have to pay another
mobilization cost for next year if we were able to build only 1,000
feet this year.
Beth Mitchell of American Coastal Engineering, Inc. explained
that there would be another mobilization fee -for installation if we
do only part of the reef this year and part next year. They don't
work during the winter or in seas over two feet. They need good
visibility. It would take 30 days to mobilize and two months to
install 1,000 feet.
Commissioner Bird felt that with those kind of mobilization
costs,. we need to look at doing this project as early in the season
as possible and try to get it done with one mobilization cost
rather than spreading it out over two years.
Commissioner Adams ascertained the alternative of forgetting
about it for this year and doing it all next year. However, the
down side to that is that we could have substantial erosion and
damage to the beach from a bad storm later this=,year.
After lengthy discussion, the Board -agreed to, leave this
matter open from week to week to see if there is still time this
summer to go ahead once the permit is issued.
Frank Zorc, 2501 27th Avenue, expressed his concerns about the
County proceeding with the PEP reef before obtaining the DEP
permit. He urged the Board not to start anything on this project
until all permits are in hand and all costs are determined.
APR 2 61994 46 'ROOK 920 - PnF T99 "
PUOK 92 uG 0l9®
APR 2 61994
EROSION CONTROL GRANT APPLICATION
The Board reviewed the following letter dated 4/21/94:
Telephone: (407) 567-8000
April 21, 1994
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 32960
Mr. Lonnie Ryder
Environmental Administrator
F1. Department of Environmental Protection
Division of Beach and Shores
3900 Commonwealth Boulevard
Tallahassee., FL 32303
FAX: 407-778-9391
Subject: Indian River County Erosion Control Program FY1995/96
Dear Mr. Ryder:
The enclosed application is submitted for funding consideration
under the FY1995/96 State of Florida Beach Erosion Control Systems
Program. Indian River County and the Sebastian Inlet District
have combined their resources and are submitting a joint
application. Also, enclosed are resolutions by the Indian River
County Commission and the Sebastian Inlet Taxing District
Commission authorizing the application.
This application is a request for state assistance for the north
county erosion control project. The County and the District are
taking a regional approach to solving beach erosion problems.
Funding will be used to determine the best and most efficient
project for the north county area. In addition, the Sebastian
Inlet Taxing District has included a request.for funding of items
that extend beyond the north county limits. These items are
necessary for a regional approach.
In advance we thank you for your assistance in this project. If
you have any additional questions or comments please feel free to
give us a call.
Very truly yours,
Don G. Donaldson, P.E.
Coastal Engineer
47
Public Works Director Jim Davis explained that this joint
application is a- request for state funds to place sand dredged from
the Inlet at Wabasso Beach Park, Golden Sands Park and Treasure
Shores Park. The plan also calls for the deposit of sand offshore
to create a sandbar. The agencies want the Florida Department of
Environmental Protection to supply $277,500 toward the $370,000
project. The Inlet Commission and the County Commission would
share the remaining cost of $92,500 in matching funds. The Inlet
would pay $50,839 and the County would pay $41,661. The first
phase of the project includes aerial photos from the Sebastian
Inlet down to the Ft. Pierce Inlet, turtle monitoring, sand source
identification, computer modelling and, various other studies. The
$370,000 project does not include the cost of trucking the sand to
those sites; however, another grant might be available for the cost
of transporting the sand.
Director Davis advised that if this grant application is
approved, we would need $41,661 budgeted for the 95-96 fiscal year.
There are various sources where that revenue could be acquired,
perhaps from the north beach tourist tax district revenue.
Sebastian Inlet Administrator -Ray LeRoux noted that the joint
application for funds will be the first of its kind. He considered
this a win, win situation and anticipated that the application will
be well received by the Sebastian Inlet Taxing District at their
meeting tomorrow. If the DEP approves the grant, the -County and
the Inlet would receive the money for the 1995-96 fiscal year.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 94-63, approving the submittal of an
application under the State of Florida Beach Erosion
Control Assistance Program.
After further discussion, the Board decided to defer until
next year a decision on funding the County' s..,sharo,of this project
with tourist tax dollars. i
48
APR 2 6 1994
Ba®K 920 F -a -U `301
RESOLUTION NO. 94-63
POOK 92 PAGE 302
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA
APPROVING THE SUBMITTAL OF AN APPLICATION
UNDER THE STATE OF FLORIDA BEACH EROSION
CONTROL ASSISTANCE PROGRAM
WHEREAS,. Indian River County has had damage to structures
and/or coastal lands by storms and erosion in areas of public
lands, and
WHEREAS, the State of Florida has established a Beach
Erosion Control Assistance Program providing for financial
assistance for erosion control and preservation of the sandy
beaches within the State.
NOW THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, as follows:
1. The County, as a joint local sponsor with the Sebastian
Inlet Tax District, hereby approves the submittal of an
application under the Beach Erosion Control Assistance
Program for the purpose of requesting State financial
assistance with implementation of erosion control
improvements within Indian River County at. Wabasso
Beach Park, Golden Sands Park, and Treasure Shores
Park. .
2. The County hereby designates Don G. Donaldson, P.E. of
Indian River County, as the Project Engineer and Agent
for the purpose of preparing and processing this -
application on behalf of the County.
3. The County agrees to implement the beach improvement
program under the procedures set forth in the Florida
Administrative Code.
The foregoing resolution was offered by Commissioner Macht
and seconded by Commissioner Eggert ,and, being put to a
vote, was as follows:
Chairman Richard N. Bird Aye
Vice Chairman Kenneth Macht Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran Adams Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed
and adopted this. 26 day of April ; 1994.
INDIAN RIVER COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COMMISSIONERS
Cn W: Tippi VCAairman
A
Jeffrey K. Barton, Cler}'of Cour
EROS.RES
49
INDIAN RIVER FARMS WATER -CONTROL DISTRICT - UTILITY PERMITTING
The Board reviewed the following memo dated 4/20/94:
DATE: APRIL 20, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT
DIRECTOR OF UTILITY. RVICES
PREPARED WILLIAM F. McCAI
AND STAFFED CAPITAL PROJECTS GINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: INDIAN RIVER FARMS UTILITY PERMITTING
BACKGROUND AND ANALYSIS
In March of 1994, the Utilities Department appeared before -the Board of
County Commissioners to discuss -an action taken by the Indian River
Farms Water Control District denying any further utility construction
within their right-of-ways. (See the attached agenda item dated March
21, 1994). At this meeting, the County agreed to support the district
_in changing the recently approved state law requiring -notification of
all utility companies prior to performing maintenance work within their
right-of-ways. Along with this commitment, the district attorney
indicated the district would work with the utilities department to
continue permitting its utility projects within the,F-ight-of-ways.
At the Indian River Farms Water Control' District meeting on April 14,
1994, the district put another utility construction permit on hold.
This is a critical project and is currently out to bid for
construction. We are now in front of the Board of County Commissioners
requesting assistance in resolving this problem immediately.
The staff of the Department of Utility Services recommends that the
Board of County Commissioners open appropriate dialogue with Indian
River Farms Water Control District to assist at arriving at an
expiditious conclusion to these problems.
50 BOOK 9 PArFF 30`3
APR �� 19��
APR 2 61994
BOOK 92 WAGE 04
Utilities Director Terry Pinto advised that he is having a
difficult time in trying to get people to talk to each other on
this matter, which is delaying the major effluent line running from
the South County plant. He suggested that the Board, on an
emergency basis, meet with the I.R. Farms Water Control District
Board to resolve this matter as quickly as possible. Staff made
our plea to the Water Control District Board, but they are not
issuing the permit. At this point, it goes to a different level.
Chairman Tippin asked Marvin Carter to explain the Water
Control District's position on this issue..
Marvin Carter explained that he could only present his firm's
viewpoint because he is not an official representative of the Water
Control District. He felt they need some reassurance because they
have to maintain and protect the District's integrity to operate as
a district for the purpose it was designed. He felt it is a legal
issue more than anything else because of the liability. He agreed
that representatives of each body should meet to see if we can come
to some agreement on indemnification.
Attorney Vitunac advised that indemnification is no longer
acceptable by Florida law. Director Pinto's.point is that there
will be some extra liability on the Water Control District by
letting other -people use their rights-of-way, the same way that the
County has extra liability when we- let other people use our rights -
of -way. - However, part of the job of being a governmental agency is
that you assume liability because it is in the public interest. In
this case we have two public agencies with one right-of-way that
serves the same people, the public. To protect their liability,
the Water Control District is saying that nobody else is going to
use this right-of-way. That harms the rest of the public which is
everyone in this county. There really needs to be a risk sharing
mechanism. We should go over our procedures to make sure we don't
cause harm, but if we do, stipulate that one or the other will pay.
That is the cost of doing business. The matter is beyond attorneys
right now; it is a political decision. He and Attorney O'Haire
understand the law exactly. There is no way to hold them
blameless; they will have some liability. The only way to minimize
liability would be to follow procedures correctly so that there
won't.be any interruptions of utility services.
51
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Macht, the Board unanimously directed
appropriate staff to meet with the I.R. Farms Water
Control District to see if they can resolve the
matter; if not, a meeting will be scheduled between
the two entities in total.
SCHEDULING OF BUDGET WORKSHOPS
After a brief discussion, the Board scheduled the following
budget workshops:
9 a.m. Monday, May 16, 1994 Constitutionals' Budgets
9 a.m. Tuesday, May 31,.1994 County's General Budget
REQUEST FROM 19TH JUDICIAL CIRCUIT JUDGES FOR A MEETING WITH THE
BCC TO DISCUSS COURTHOUSE MATTERS
Commissioner Macht announced that the Circuit Judges would
like to come before the Board to discuss several courthouse matters
such as the designation of coordinators for events, courthouse
security officers, etc. He suggested that this matter be placed on
the agenda of a regular meeting after the Sheriff's budget workshop
meeting of May 16, since many of the Courthouse items will hinge on
the Sheriff's budget.
The Board was in agreement that the Chairman write a letter
advising the Circuit Judges that their concerns could be heard as
a public discussion item during a regular BCC meeting.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 11:55 o'clock a.m.
ATTEST:
1.
Vor
. Barton, Clerk J.hn W. Tippi , C -airman
52 -
APR 261994 WK 92 FA1F 305