HomeMy WebLinkAbout11/8/1994-MINUTES 4*FTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR ..MEETING
TUESDAY, NOVEMBER 8, 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 - Charles P. Vitunac
4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS
1. Bond for Eggert and Tippin (7-M)
2. I.R.C. SHIP Program Annual Reports (7-N)
3. Report on Wetland Mitigation DEP Orlando.Meeting
4. Item 7-L postponed for one week
5. PROCLAMATION AND PRESENTATIONS
Proclamation Honoring Dr. Roger Zwemer for Outstand-
ing Service on the Environmental . Control Hearing
Board
6. APPROVAL OF MINUTES
Special Meeting. of September 26, 1994)
7. CONSENT AGENDA
A. Received & Placed on File In Office of Clerk
to the Board:
Minutes of Board of Supervisors, Delta Farms
Water Control District (Oct., 1993 - Sept. 1994 )
B. 1995 Legislative Conference
- A memorandum dated November 1, 1994 )
C. Approval of Joint Resolution to Admit Three
New Members to the Treasure Coast Council of
Local Governments
( letter dated October 28, 1994)
D. Final Plat Approval for Sea Oaks Lakeview Est.
Planned Development
( memorandum dated October 25, 1 Y94)
E. Final Plat Approval for Oak Point Subdivision
( memorandum dated October 31, 1994 )
7. CONSENT AGENDA (c:ont'd) :
F.
Final Plat Approval for Windsor PD Phase 7
( memorandum dated November 2, 1994 )
G.
Request for Board Approval of Extension to
FIND Project Agreement for the Oslo Riverfront
Property, and for Authorization to Contract
With Bellomo-Herbert £ Co., Inc. for Pro-
fessional Engineering & Design Services
( memorandum dated November 1, 1994 )
H.
Additional R -O -W Purchase / 1st Street SW /
Gulfstream Harvesting, Inc. Parcel
( memorandum dated October 31, 1994 )
I.
Release of Utility Liens
( memorandum dated October 27, 1994 )
J.
Release of Utility Liens
( memorandum dated October 27, 1994 )
K.
Release of Utility Liens
( memorandum dated October 31, 1994 )
L. Lease of County Property at Fairgrounds to
Indian River Soccer Assoc.
( memorandum dated November 2, 1994 )
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL .AGENCIES
None
9:05 a. m. 9. PUBLIC ITEMS
A. PUBLIC HEARINGS
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING PART II CHAPTER 303
OF THE CODE CONCERNING GREASE TRAPS
( memorandum dated September 19, 1994 )
B. PUBLIC DISCUSSION ITEMS
I.R. Land Trust Presentation Re: Plans to Pur-
chase, Restore & Endow McKee Jungle Gardens
Botanical Gardens
( letter dated November 2, 1994)
10. COUNTY ADMINISTRATOR'S MATTERS
_ None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
Request for Authorization to Draw Upon a
Warranty & Maintenance Bond for Colonial
Gardens Phase II
( memorandum dated November 2, 1994 )
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
None
11. DEPARTMENTAL MATTERS (cont'd. ):
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
- F. PERSONNEL -
None
G. PUBLIC WORKS
1. As -Built Resolutions 6 Assessment Rolls for
Paving and Drainage Improvements to: 128th
Crt. ?Roseland) 236 L. F. N . W. of 79th Ave.
( memorandum dated October 24, 1994 )
2. Traffic Signal Maintenance Agreement -
City of Sebastian
( memorandum dated November 1, 1994 )
H. UTILITIES
None
12. COUNTY ATTORNEY
Barkett Appeal of Wendy's Site Plan
( memorandum dated November 2, 1994) _
13. COMMISSIONERS ITEMS
A. CHAIRMAN JOHN' W. TIPPIN
Appointment of Members to Form the Sesquicen-
tennial Coordinating Committee for I.R.C.
( letter dated October 20, 1994 )
B. VICE CHAIRMAN KENNETH -R. MRCHT
C. COMMISSIONER FRAN B. ADAMS
D. COMMISSIONER RICHARD N. BIRD
E. COMMISSIONER CAROLYN K. EGGERT
14. SPECIAL DISTRICTS
. I
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
Transfer Station - Hours of Operation _
(continued from Meeting of 11/1/94)
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.
� � r
November 8, 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, November 8,
1994, at 9:00 a.m. Present were John W. Tippin, Chairman; Kenneth
R. Macht, Vice Chairman; Fran B. Adams; Richard N. Bird; and
Carolyn K. Eggert. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and P. J.
Jones, Deputy Clerk.
Chairman Tippin called the meeting to order, and County
Attorney Vitunac led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Commissioner Eggert requested the addition to the Agenda of
Item 7-M, Commissioners Eggert and Tippin Surety Bonds.
Administrator Chandler requested the addition of Item 7-N,
SHIP Program Annual Reports.
County Attorney Vitunac requested the addition of:
1. Item 12-B, a report regarding Wetlands
Mitigation.
2. Postponement of Item 7-L, Lease of County
Property at Fairgrounds to Indian River Soccer
Association.
ON MOTION by Commissioner Eggert,* SECONDED by
Commissioner Bird, the Board unanimously postponed
and added the above items to today's Agenda.
November 8, 1994
BOOK b
PROCLAMATION
Chairman Tippin presented a Proclamation to Dr. Roger Zwemer
for'Outstanding Service on the Environmental Control Hearing Board:
-
a—
PROCLAMATION _=
HONORING DR. ROGER ZWEMER -
FOR OUTSTANDING SERVICE ON THE
ENVIRONMENTAL CONTROL HEARING BOARD
WHEREAS, Dr. Roger Zwemer has served on the Environmental
Control Hearing Board since its inception in 1985 until May,
1994; and - -
WHEREAS, the Environmental Control Hearing Board provides
local government an effective mechanism to hear cases and solve
environmental problems with minimum of time and cost to -the
taxpayers, and Dr. Zwemer has served on this board with
distinction and dedication of his time and efforts to make this a
better community for all residents; and
WHEREAS, Dr. Zwemer has proven to be a valuable, community
conscious citizen by providing hundreds of hours of volunteer
service as a member of the Environmental Control Hearing Board.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN •RIVER COUNTY, FLORIDA that the Board
expresses its deep appreciation for the services of DR. ROGER
ZWEN1ER on behalf of Indian River County.
The Board further extends our heartfelt wishes for Dr.
Zwemer's success in all of his future endeavors.
Dated this 8 day of November, 1994. -
November 8, 1994
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
John T ppi
/'Ciia •rman
APPROVAL OF AIH
NUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Special Meeting of September 26, 1994. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the Minutes of the Special Meeting of September 26,
1994, as written.
CONSENT AGENDA
Chairman Tippin requested that Item B be separated from the
Consent Agenda for discussion.
A. Reports
The Board received the Minutes of the Board of Supervisors,
Delta Farms Water Control District from October, 1993 through
September, 1994; which Minutes are on file in the Office of the
Clerk to the Board.
B. Authorization to Travel/1995 Legislative Conference
The Board reviewed a Memorandum of November 1, 1994:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
TO: Board of County Commissioners
FROM: Alice E. White, Executive Aide
DATE: November 1, 1994
SUBJECT: 1995 Legislative Conference
Approval of out -of -county travel is requested for Commissioner
Adams to attend 'the 1995 Legislative Conference in Tallahassee,
November 30 through December 2, 1994.
Chairman Tippin requested that authorization be given to
Commissioner Adams and any other interested Commissioner to attend
the 1995 Legislative Conference.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously amended
the consent to attend the Conference to include
Commissioner Adams and any other interested
commissioner.
3
November 8, 1994
BOOK PAL 73
F_
.
BOOK FAQ; 73;',
C. Joint Resolution/Treasure Coast Council of Local Governments
The Board reviewed a letter of October 28, 1994:
Ci!p of Vero Beach
1053 - 209 PLACE - A O. BOX 1389
VERO BEACH, FLORIDA - 32961-1389
OFFICE
O. THE Tekphm: (407) 567-3151
CITY ATTORNEY
October 281 1994
Chairman John Tippin
.Indian River Board of County Commissioners
1840 25th Street
Vero Beach, FL. 32960
RE: TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS _
Admission of New Members; Towns of Sewall's Point,
Indian River shores, and Jupiter Island.
Dear Chairman Tippin:
Enclosed please find one (1) copy of a Joint Resolution, the
Purpose of which is to admit three new members to the Treasure
Coast Council of Local Governments; the Towns of Sewall's Point,
Indian River Shores, and Jupiter Island. Please have the
resolution excuted by your respective (CITY/COUNTY/TOWN) and return
your (SIGNATURE PAGE ONLY) to this office, along with a copy of the
resolution -adopted by your (CITY/COUNTY/TOWN). After all
resolutions have been executed and returned by'all members to my
office, we will then return a copy to you reflecting signatures of
all named entities.
Thank you for your assistance in this matter.
Sincerel ,
La nce'E. Braisted
LEB/kls
y Attorney
Watt.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 94-144 Amending Prior Joint Resolutions
to Include the Towns of Sewall's Point, Indian River
Shores, and Jupiter Island as members of the
Treasure Coast:.Council of Local Governments.
November 8, 1994
4
L_]
1024184 CA PTCOCoLRES)
RESOLUTION NO. 94-144
A JOINT RESOLUTION BY AND BETWEEN THE CITY OF
FORT PIERCE, THE CITY OF PORT ST. LUCIE, THE
CITY OF STUART, THE CITY OF VERO BEACH, THE
CITY OF SEBASTIAN, FLORIDA MUNICIPAL
CORPORATIONS; INDIAN RIVER COUNTY, MARTIN
COUNTY, OKEECHOBEE COUNTY, AND ST. LUCIE
COUNTY, SUBDIVISIONS OF THE STATE OF FLORIDA;
AMENDING PRIOR JOINT RESOLUTIONS TO INCLUDE
THE TOWNS OF SEWALL'S POINT, INDIAN RIVER
SHORES, AND JUPITER ISLAND, AS MEMBERS OF THE
TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS.
WHEREAS, the residents of the area surrounding the proximate
to the Treasure Coast are served.by separate governmental entities,
i.e.,: the municipalities of Fort Pierce, Port St. Lucie,
Sebastian, Stuart, and Vero Beach; and the Counties of Indian
River, Martin, 'Okeechobee, and St. Lucie, (hereinafter referred to
as "Governments"); and
WHEREAS, the entities have formed the Treasure Coast Council
of Local Governments; and
WHEREAS, the Governments' have many interrelating problems and
needs which would best be resolved on a cooperative community
basis, rather than separate action, thus reducing duplication of
costs and services; and
WHEREAS, the Towns of Sewall's Point, Indian River Shores and
Jupiter Island have elected to join the Governments; and
NOW THEREFORE, BE IT RESOLVED BY THE BOARD- OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY; THE BOARD OF COUNTY
COMMISSIONERS OF MARTIN COUNTY; THE BOARD OF COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY, AND THE BOARD OF COUNTY COMMISSIONERS OF
OKEECHOBEE COUNTY; THE CITY COMMISSION OF FORT PIERCE; THE CITY
COMMISSION OF PORT ST. LUCIE; THE CITY COMMISSION OF STUART; THE
CITY COMMISSION OF SEBASTIAN, THE CITY COUNCIL OF VERO BEACH; THE
TOWN OF SEWALL'S POINT; THE TOWN OF INDIAN RIVER SHORES; AND THE -
TOWN OF JUPITER ISLAND, THAT:
Section 1 - Admission of New Members.
By adoption of this Joint Resolution, the Treasure Coast
Council of Local Governments admits as new members the Towns of
Sewall's Point, Indian River Shores, and Jupiter Island, with all
the benefits and obligations of full members in all respects.
Section 2 - Ratification.
Confirm that in all respects the terms and conditions of
membership adopted by resolution`of all members are hereby ratified
and confirmed except as modified herein to admit the above -
referenced new members.
Section 3 - Effective Date.
This Resolution shall become effective upon final passage by
all of the municipalities and counties set forth herein.
5
November 8, 1994
DOp PAS �A
,
BOOK b 3 FAUL ?_M
PASSED AND ADOPTED by Resolution Number 94-144
this 8th
ATTEST:
Sign:
day of November , 1994.
Print: JX BARTON
Tit erk
Q-4 4)cl-
Approved as to form and
legal sufficiency:
Sign:
Print:
Title: County Attorney
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
SigW�9�
-'4
Pri�it: John W. Tip i
Tit �:Chairman
D. Final Plat Approval/Sea Oaks Lakeview Estates Planned Development
The Board reviewed a Memorandum of October 25, 1994:
TO: James E. Chandler
County Administrator DATE: October 25, 1994
D S N HE CONCURRE CE:
Robert M.eating, ICP
Community Developm nt D ctor
THROUGH: Stan Boling, AICP
Planning Director
FROM: John W. McCoy, AICP", i'Om
Senior Planner, Current Development
SUBJECT: Final Plat Approval for Sea Oaks Lakeview Estates Planned.
Development [PD -94-09-10]
It is requested that -the data -herein presented be= given formal
consideration by the Board of County Commissioners at its regular
meeting of November 8, 1994. At the applicant's request this item
was removed from the October 25, 1994 Board of County Commissioners
agenda and rescheduled for -the November 8, 1994 Board -of County
Commissioners meeting.
November 8, 1994
6
DEVELOPMENT AND LOCATION:
_ Sea Oaks Lakeview Estates planned development is a 13 lot
subdivision of a 4.75 acre parcel of property. — The subject
property is located within the western portion of the overall Sea
Oaks development (see attachment #2). The subdivision is part of
an approved planned development, is zoned RM -61 Residential Multi -
Family District (up to 6 units per acre) and has an L-2, Low
Density 2 (up to 6 units per acre) land use designation.
At its regular meeting of February 28, 1989 the Planning and Zoning
Commission approved a preliminary PD plan for 44 units, and
construction of road and drainage improvements commenced. Later,
on March 21, 1994 the approved plan was modified to redesign the
project and reduce the number of lots/units from 44 to 13. The
owner, Majestic Partners of Vero Beach, Ltd. is now requesting
final plat approval and has submitted the following:
1. A final plat in conformance with the modified, approved
preliminary planned development plat for 13 lots/units.
2. A certificate of completion for all required improvements.
ANALYSIS:
All required improvements have been completed by the developer and.
have been inspected by the public works department and Utility
Services, consequently, a certificate of completion has been issued
for all required improvements:.. No improvements are publicly
dedicated, with the exception of utilities which are warranted
under a bill of sale agreement between the developer and Utility
Services. The applicant has complied with all applicable
requirements for final plat approval.
RECOMMENDATION:
Staff. _recommends. that the Board of County Commissioners grant final
plat approval.to Sea Oaks Lake View Estates.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously granted
final plat approval for Sea Oaks Lake View Estates.
7
November 8, 1994
BOOK W PAU 73
r
['Alu'71136
E. Final Plat Approval/Oak Point Subdivision
The Board reviewed a Memorandum of October 31, 1994:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
ry V
Obert M. Reati , AI
Community Development,, rector
THROUGH: Stan Boling;�ICP
Planning Director
FROM: John W. McCoy, AICP
Senior Planner, Cu �et Development
DATE: October 31, 1994
SUBJECT: Final Plat Approval for Oak Point Subdivision
SD -93-09-08
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of November 8, 1994.
DEVELOPMENT AND LOCATION:
Oak Point Subdivision is a 9 lot subdivision of an 8 acre parcel
located on the north side of 37th Street just west of Indian River
Boulevard. The subject property is -zoned OCR (Office, Commercial,
Residential District) and has a C/I (Commercial/ Industrial) land
use designation. The proposed subdivision will be developed with
medical offices and other types of uses allowed in the OCR
district.
At its regular meeting of January 13, 1994, the Planning and Zoning
Commission granted preliminary plat approval for the subdivision.
Subsequently, a land development permit was issued, and the
developer commenced construction of the required improvements. The
owner, Oak'Point Corporation, is now requesting final plat approval
and has submitted the following:
1. A final plat in conformance with the preliminary plat.
2. A cost estimate for the remaining required subdivision
improvements.
3. A contract for construction for the remaining required
subdivision improvements.
4. A letter of credit to guarantee the construction.
ANALYSIS:
At this time, a majority of the required subdivision improvements
has been completed. Uncompleted improvements include sidewalks,
some drainage improvements and paving, and wetlands mitigation
work. A contract for—construction of the remaining required
improvements along with a letter of credit to secure the contract
s
- November 8, 1994
has been submitted by the applicant. The county engineering
division has approved the letter of credit amount as being adequate
to cover the cost of the remaining required improvements. The
county attorney's office has approved the contract for -legal form
and -.sufficiency and has approved the format of the letter of
credit.
All applicable requirements regarding final plat approval have been
satisfied. Pursuant to the county's LDRs, the applicant will be
required to obtain a certificate of completion after completion of
the required improvements. At that time, the applicant will
warranty the utilities which will be the only publicly dedicated
subdivision improvement.
RECOMMENDATION:
Based on the above analysis, staff recommends that the Board of
County Commissioners grant final plat approval for Oak Point
Subdivision, authorize the chairman to sign the contract for
construction, and accept the letter of credit.
Director Keating advised that one change is needed on this
plat in that the 5 foot limited access easement will become both a
5 foot limited access and pedestrian easement.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously granted
final plat approval for Oak Point Subdivision, as
amended to.indicate that the 5 foot limited access
easement become a 5 foot limited access and
pedestrian easement, and authorized the Chairman to
execute. the Contract for Construction of Required
Improvements with Oak Point Corporation, pursuant to
recommendation of staff.
CONTRACT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
9
November 8, 1994
BOOK W PALL 737
HOF c�,� PA'L �c
F. Final Plat Approval/Windsor PD Phase 7
The Board reviewed a Memorandum cif November 2, 1994:
TO: James E. Chandler
County Administrator DATE: November 2, 1994
DI ON HEAD CONCURRENCE:
Robert M. Kea i g, AICVector Community Develo ment
AA
THROUGH: Stan Boling, AICP
Planning Director
FROM: Eric Blad /! 19
Staff Planner, Current Development
SUBJECT: Final Plat Approval for Windsor PD Phase 7
PD-91-05-03/IRC #94030048-001
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of November 8, 1994.
DESCRIPTION AND CONDITIONS:
On March 24, 1991, the Planning and Zoning Commission granted
preliminary PRD plat approval for a 14.89 acre portion of the
Windsor planned residential development located approximately 11
miles north of the CR 510/SR A -1-A intersection. Of the total
14.89 acres encompassed in the preliminary plat, a 9.71 acre, 24
lot portion was platted in Augustj1991. The applicant has now
submitted for final plat approval for a .35 acre portion of the
remaining unplatted 5.18 acres covered under the original
preliminary plat. The .35 acre' phase, to be known as Phase 7,
includes 2 lots and right-of-way which will be integrated into the
existing and adjacent platted portions of the overall Windsor
project.
Knight, McGuire and Associates, Inc., on behalf of Windsor
Properties, Inc., is -now requesting final plat approval for Phase
7. The submitted final plat is in conformance with the approved
preliminary PRD plat.
ANALYSIS:
Since Windsor Phase 7 contains only a small portion of the
preliminary plat, staff has verified that all the required
subdivision improvements within the Windsor planned development
necessary _to support. the two lots have been constructed in
accordance with the county's land development regulations.
Subsequent to that verification, Public Works issued a certificate
of completion for that portion of the preliminary plat to be known
as Windsor Phase 7. Therefore, all requirements for Windsor Phase
7 final.plat approval have been satisfied.
Staff recommends that the Board of County Commissioners grant final
plat approval for Windsor -Phase 7. --
10
November 8, 1994
ON. MOTION by Commissioner _Eggert,._SECONDED by
Commissioner Adams, the Board unanimously granted
final plat approval for _Windsor PD Phase 7, as
recommended by staff. -
G. Extension to FIND Project Agreement/Oslo Riverfront Property
The Board reviewed a Memorandum of November 1, 1994:
TO: James E. Chandler
County Administrator
D NT HEAD CONC NCE:
obert M. Recti g, AICP
Community Develop-mAnt D ector
FROM: Roland M. DeBlois, AICP
Chief, Environmental Planning
DATE: November 1, 1994
RE: Request for Board Approval of Extension to FIND
Project Agreement for the Oslo Riverfront Property,
and for Authorization to Contract with Bellomo-Herbert
& Company, Inc. for Professional Engineering & Design
Services
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting on November 8, 1994.
DESCRIPTION AND CONDITIONS
The Board of County Commissioners, at its meeting of April 27,
1993, authorized staff to submit a grant application to the Florida
Inland Navigation District (FIND) for limited public access
-.improvements on the Oslo Riverfront Property. The Oslo Riverfront
Property was jointly acquired by the County and St. Johns River
Water Management District in 1991 for conservation purposes.
Subsequently, "Phase I" of the application was approved by FIND,
and the County entered into a project agreement with FIND on
November 3, 1993. Phase I consists of permitting, engineering and
design of site -improvements, including boardwalks, limited parking
area design, and an observation platform. Attached is a table
summarizing Phase I project cost estimates. [Staff plan to submit
for FIND gran£ funding for Phase -II of the project, consisting of
overall project construction, in the next fiscal year grant cycle
of FIND.]
11
November 8, 1994
P�)GK. 3
On August 24, 1994, staff requested that FIND approve an -extension
to the Oslo Riverfront Property Phase I project agreement,
anticipating that permitting and design would not be completed by
the original agreement expiration date of September 1, 1994. On
September 9, 1994, the FIND Board approved staff's request,
extending the agreement to September 1, 1995, contingent upon Board
of County Commissioners' approval. Subsequent.to its approval of
the staff's grant extension request, FIND drafted a revised
agreement reflecting the extended project completion date.
Staff now requests that the Board of County Commissioners approve
the attached project agreement amendment, relating to Phase I of
Oslo Riverfront property improvements.
Status of Phase I Project
As of this time, staff has made some progress on.the FIND grant
project. Most of the activity undertaken to date. has focused on
submittal of a permit application for state aqd federal approval of
boardwalks and related structures proposed to traverse
Jurisdictional wetlands. While staff has received U.S. Army Corps
of Engineers approval, State Department of Environmental Protection
(DEP) permitting approval is still pending.
Other activities recently completed that will ultimately contribute
to County match credit for Phase II of the overall project are
Brazilian --pepper- removal and oak tree transplanting. Both of these
activities were paid for with -,-County mitigation and tree fine
funds, as approved by the Board of County Commissioners on
September 20, 1994.
Professional Engineering & Design Services
Besides the activities identified above, there is engineering work
required to complete .the subject FIND grant project. This issue
was discussed by the Board of County Commissioners on February 8,
1994, when staff requested that the Board authorize the use of
$9,950 in mitigation account funds to contract with Coastal
Technology, Inc., to provide engineering services relating to Phase
I design and engineering -of Oslo Riverfront Property improvements.
At that time, however, the request was withdrawn so staf f could
further review procedural requirements of the Consultants
Competitive Negotiation Act (CCNA), as those requirements relate to
the project.
At that time and in the following months, staff was in the process
of selecting a consultant to assist with the County's overall
environmental land acquisition/management program. Consequently,
staff decided to delay seeking engineering services for the Oslo
Riverfront project until this selection process was completed.
This decision was based on the viewpoint that engineering and
design services for the Oslo Riverfront Property could be obtained
through the ouerall land acquisition/management program consultant
contract, thus avoiding the staff time and expense of a separate
- CCNA Request for Proposals (RFP) process.
The County has since retained FloridAffinity, the primary
contractor of a group assembled under the name "Florida
Conservation Consultants", to assist in environmental land
acquisition and management planning. Under the contract with
FloridAffinity, the County has the option of obtaining design and
engineering services relating to environmental lands management,
without need for an -RFP otherwise required under CCNA procedures.
November 8, 1994
12
M M
L
The principal sub -contractor dnder the agreement with
FloridAffinity is Bellomo-Herbert and Company, Inc.,, which has
experience in conservation park design and construction permitting.
Using the cost estimate provided --earlier this year by Coastal Tech
($9,950) as a guideline, staffIs-position is that contracting with
Bellomo-Herbert and Company for design and engineering services,
not to exceed $10,000, would facilitate completion of the Oslo
Riverfront property Phase I project in an efficient manner.
Staff recommends that the Board of County Commissioners approve the
attached FIND project agreement amendment. Staff also recommends
that the Board authorize the use of funds, not. exceeding $10,000
from the county upland mitigation account, to pay Bellomo-Herbert
and Company, Inc. for engineering and design services relating to
the Oslo Riverfront property ($3,650 of these funds to be
reimbursed with FIND grant monies).
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the FIND project agreement amendment and authorized
the use of funds, not exceeding $10,000, from the
County upland mitigation account, to pay Bellomo-
Herbert and Company, Inc. for engineering and design
services relating to ,the Oslo Riverfront property,
pursuant to recommendations of staff.
AGREEMENT AMENDMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
H. Right -of -Way Purchase/1st Street SW/Gulfstream Harvesting, Inc.
The Board reviewed a Memorandum of October 31, 1994:
TO: James E. Chandler
County Administrator
THROUGH: Jamet W: Davis, P.E..
Public Works Directo
AND
Roger D. Cain, P.E. ✓ _
County Engineer
FROM: Donald G. Finney, SRA��
County Right -of -Way Agent '
SUWZCT: Additional Right-of-WayPurchase / 1st Street SW /
Gulfstream Harvesting, -Inc. Parcel
DATE: October 31, 1994
DESCRIPTION AND CONDITIONS
CONSENT AGENDA
Indian River County needs an additional 30 feet of right-of-way for
the petition paving project -on 1st Street SW. The Board of County
Commissioners previously approved the purchase of the right-of-way
along this corridor on January 21, 1992.
13
November 8, 1994
BOOK W PALE 741
m 'I
POCK ; F k6 a
The property owner has signed a sale/purchase contract for
$4,007.52 for the right-of-way parcel which is the land's appraised
value of $.40 per square foot.
RECOMMENDATION
Staff requests the Board of County Commissioners accept the
contract and direct the Chairman to execute the contract on the
Board's behalf. _
FUNDING
Petition Paving Project Account No. 111-214-541-066.12.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously accepted
the contract with Gulfstream Harvesting, Inc. in the
amount of $4,007.52 and directed the Chairman to
execute the contract, pursuant to recommendations of
staff.
CONTRACT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
I. Release of Utility Liens
The Board reviewed a Memorandum of October 27, 1994:
TO: BOARD
OF COUNTY COMMISSIONERS
FROM: Lea R. Keller, CIA, County Attorney's Office
DATE: October 27, 1994
RE: RELEASE OF UTILITY LIENS
The attached lien -related items are in proper
form for the Board of
County Commissioners
to authorize the Chairman to
sign so that they can
be recorded. The names and projects are:
1. Citrus Gardens Water Special Assessment:
FLADLAND
2. Phase III Water
Special Assessment:
- BARSY
BEACHUM
BURKES
CATTAFI (3)
CESARE
CONNOR
_GARCIA
HENSLEY
HOLZMANN
LAFERRIERE
MASON
MCALARNEN (2)
MILLER (2)
ONOFRIO
OULAND
PORTER
PRANGE
RICHARDSON
RUSSIN
SMITH
SULLIVAN
TARBY
_ ._._ WALKER
WATSON
WILKEN
YOUNGS (2)
KRUNINSKI
14
November 8, 1994
ON. MOTION by Commissioner _Eggert,._SECONDED by
Commissioner Adams, the Board unanimously approved
the Releases of Lien as recommended by staff.
LIEN RELATED DOCUMENTS ARE ON FILE IN THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA
I Release of Utility Liens
The Board reviewed a Memorandum of October 27, 1994:
TO: BOARD OF COUNTY COMMISSIONERS
L
FROM: Lea R. Keller, CLA, County Attorney's
Office
DATE: October 27, 1994-
994RE:
RE:RELEASE OF UTILITY LIENS
The attached lien releases are in proper form for the Board of County
Commissioners to authorize the Chairman to
sign so that they can be
recorded. The names and projects are:
1. Phase III Water Special Assessment:
ANDERSON AUBIER/PEREZ
AU%IER (2)
BARANY BARTON/GORDON
BATISTE
BENNETT BOLLIS
BRENT
CANTIN- CASON
CONLEY (5)
CONLEY/DONAHOE EUBANKS
GRIFFIN
HAWKINS (4) JOCKERS
MATHIAS
OLSON/O'ROURKE PRANGE
RUBACHA
THOMAS
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the Releases of Lien as recommended by staff.
LIEN__RELATED DOCUMENTS ARE ON FILE IN THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA
15
November 8, 1994
BOOK U3 PAGE 74"
r
Boa X13 Fa6L 74
K. Release of Utility Liens
The Board reviewed a Memorandum of October 31, 1994:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Lea R. Keller, CLA,
County Attorney's
Office
DATE: October 31, 1994
RE: RELEASE OF UTILITY
LIENS
The documents are in proper
form for the Board
of County Commissioners
to authorize the Chairman to sign so that they can be recorded, The
names and projects are:_
1. Satisfactions of Impact
Fee Extensions:
_ KOENIG
SHEPPARD
VERNON
2. Phase III Water Special
Assessment:
CHAPPELEAR
CHRIST2
()
3
CHRISTY ()
DUSTIN
FANLO (2)
GAGLIARDI (2)
GALLAGHER (3)
GILES
GIPSON
- GREEN
GRETES
HAMILTON
HAWKINS
HODGSON
HUFFORD (2)
HUGHES
KELLY/KLIEMISCH
_. JOHNSTON
LAW
LESTER
MANX
MEYER
MINCK
NORRIS
PHELAN
RODMAN (2)
SHEEDY
SULECKI
SWISHER
VINCENT
VUKOVICE
WILLIAMS
WRIGHT
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the Releases of Lien as recommended by staff.
LIEN RELATED DOCUMENTS ARE ON FILE IN THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA
L. Lease of County Property at Fairgrounds to Indian River Soccer
Association/Postponed for One Week
16
November 8, 1994
M. Surety Bonds for Commissioners Eggert -and Tippin
ON MOTION by Commissioner Eggert, SECONDED -by
Commissioner Adams, the Board unanimously approved
the renewal of 4 -year surety bonds for Commissioners
Carolyn Eggert and John Tippin.
N. SHIP Program Annual Reports
The Board reviewed a Memorandum of November 7, 1994:
TO: James E. Chandler
County Administrator
DEP TMENT HEAD CONCURRENCE
Robert M. Keati , AIC
Community Develmpment rector
FROM: Sasan Rohani, AICP S•
Chief, Long-Range'Planning
DATE: November 7, 1994
__RE: Indian River County SHIP Program Annual Reports
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of November 8, 1994.
-DESCRIPTION AND CONDITIONS
On April 6, 1993, the Board of County Commissioners adopted the
Indian River County Local Housing Assistance Plan (Ordinance #93-
.13). --By. adopting the plan and subsequently receiving Florida
Housing Finance Agency approval of the plan, Indian River County
became eligible to receive $250,000.00 per year in State Housing
Initiatives Partnership (SHIP) Program funds.
The purpose of the SHIP program is to provide affordable housing
for qualifying households. As structured, the County's SHIP
Program provides low interest, deferred payment, subordinated loans
to very low income, low income, and moderate income households.
Most of these loans provide downpayment and closing cost
assistance, with -=local financial institutions providing principal
mortgages.
Since the plan was approved, the county has received its full
$250,000.00 allocation for FY 92/93 and FY 93/94, and has received
$70,000.00 of its FY 94/95 SHIP funds. Of this amount, $560,000.00
has been committed, and 95 loans have been given. These funds have
been committed and these loans have been given in the one year
period that the program -has operated.
17
November 8, 1994
BOOK b3 PAuG, 7
BOOK ' 3 FAU
As per the requirements of the SHIP Program, the county must submit
an annual Fiscal Year Report for each fiscal year for which SHIP
funds have been used. These reports must be, signed by the Chairman
of the Board of County Commissioners. Enclosed please find the
county's SHIP Program FY 1992-93, FY 1993-94, and FY 1994-95 annual
reports. These reports must be submitted to the state by November
15, •-1994.
ANALYSIS
The purpose of this agenda item is to --request that the Board of
-County Commissioners review the attached Annual - SHIP reports_ and
authorize the Chairman to sign these reports. The staff also
requests that the Board authorize the chairman to sign any future
SHIP related routine reports which do..not-.involve any changes to
the County's Affordable Housing policies.
._ALTERNATIVES
The Board of County Commissioners has two alternatives with respect
to the SHIP Annual Report. These are:
• To approve the attached Annual Reports and direct staff to
submit the report to the Florida Housing Finance Agency.
• Not to approve the attached Annual Reports. Choosing the
second alternative, however, would cause the county to become
ineligible to receive additional SHIP funds. Staff supports
the first alternative.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the
attached Annual SHIP FY reports and authorize the Chairman to sign
these reports. Also, staff recommends that the Board authorize the
Chairman to sign all future SHIP related routine reports.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the Reports submitted and authorized the Chairman to
sign these Reports, as well as all future SHIP
related routine reports which do not involve any
changes to the County's Affordable Housing policies,
as recommended by staff.
November S, 1994
REPORTS ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
18
PUBLIC HEARING - ORDINANCE/CHAPTER 303 OF INDIAN RIVER
COUNTY/CODE CONCERNING GREASE TRAPS
The Board reviewed a Memorandum of September 19, 1994:
DATE: SEPTEMBER 19, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINWG-`a
DIRECTOR OF UTILITY
PREPARED WILLIAM F. MCCAIN
AND STAFFED CAPITAL PROJECTS ENGI
BY: DEPARTMENT OF UTILITY
SUBJECT: AMENDMENT TO THE COUNTY'S EXISTING
GREASE TRAP ORDINANCE
BACKGROUND AND ANALYSIS
The modification to the grease trap ordinance has,been necessitated
by recent cases of existing auto garage floor drainage systems being _
connected to the- County's sewer system without proper grease trap
installation. The proposed changes (see attached revisions) insure
that HRS will review with the director any such future connections
and have them signed off by him.
The staff of the Department of Utility Services recommends that the
Board of County Commissioners concur with the proposed ordinance
changes and adopt same at public hearing on November 8, 1994.
The hour of 9:05 a.m. having passed, the County Attorney
announced that the public hearing has been properly advertised on
October 14, 1994, as follows:
November 8, 1994
BOOK bd PAiIA 7°
,100 bJ Pc,,L 748
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 dally newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
NOTICE
a The Board of COnlyd0 rWa of Indian
Public Neurit r ded�9:i15 aim TueProvides notice sday.
In
in the matter of / •; — j November 8• 19%, to dna the folowkV pro.
P ANdinance entilled:
ORDINANCE MM RM COUN-
TY FLOMA, AMENDM PART 9 CHAP-
TEfi - 303 OF THE CODE CONCERWM
In the '/ Court, was pub-
lished in said newspaper in the Issues of /,,) z 4� ���%�
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office In Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
a¢veT1) ffmp% or publication in the said newspaper. �r ,f
.'VCr
� p` Vjb�r�dy ''blibeti before me this d of V`l' A.D. 19 C
MY Comm. Expires cn "eL
• June 29, 1997 BARUA C. SPRAGIJ NOTARY PURI IBUC.
sine3s an
' IVO. CC300572 ; State of Florida, My.Co nmissa,n I xp. Juno 29, 1997
•
N��• pt`G •, 4r o ns n ur r.,,
OF
~,��tam,r���� Slglt84: •
Notary: BARBARA C. SPRAGUE
m��ayyr 17 t ark' deer whkh
1994 calif meed to ensure that a veft 6n ram the Pd* H" on Novwnber @
the proms Is made. which Includes testimony
and evidence upon ~ the appeal is based.
Anyare who needs a apedel aowmvdatlon for
it ' f a Americans
with
t 5674MM,,
Ext. 408. at least 48 hours in advance of the meet -
014,1994 - �+ 1139408
i
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Capital Projects Engineer William F. McCain advised that this
Ordinance involves a minor modification to the County's grease trap
ordinance in order to give the Utility Department more review
options in the connection of traps, particularly existing grease
traps at garages and facilities throughout the County. This
ordinance adds an additional hands-on review by the director and
staff each time such a connection comes up for approval.
There being no others who wished to speak, Chairman Tippin
closed the public hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the_ Board unanimously adopted
Ordinance 94-30 Amending Part II Chapter 303 of the
Code Concerning Grease Traps.
20
November 8, 1994
807
1 1 / J / H-1 (urd
ORDINANCE 94- 30 r' `z
r G .
AN ORDINANCE OF INDIAN RIVER COUNTY, Z;;. —
FLORIDA, AMENDING PART II CHAPTER 303 OF r'._
THE CODE CONCERNING GREASE TRAPS.
WHEREAS, the Board of County Commissioners has deter'd ffiat
it is in the public interest to establish regulations for the interception
of pollutants; and
WHEREAS, the current regulations developed in 1990 need
clarification with respect to floor drains and variances,,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that:
SECTION 1. AMENDMENT OF SECTION 303.18.
The first paragraph of Section 303.18 of the Indian River County
Code is amended to read as follows:
Section 303.18. Requirements for installation of pollutant
interceptors and grease traps -Generally.
1. Except as otherwise provided herein, all new establishments
including change of ownership and/or use which are not solely
single-family or multifamily residences shall have installed a pollutant
interceptor or grease trap which complies
with the
requirements
of this
chapter. Any
proposed or existing floor
drainage
system shall
not be
connected to
the Countv sewage collection
system
without an approved
ollutant interceptor .
2. ...
SECTION 2. AMENDMENT TO SECTION 303.20
The first paragraph of Section 303.20 is amended to read as
follows:
Section 303.20. Variances.
Variances from the requirements of this chapter may be applied for
on forms provided by the Indian River County Public Health Unit and
shall be granted by the environmental health director where the
following has been demonstrated to his satisfaction and to the
satisfaction of the utilities director as evidenced by his signed
approval, where applicable: ...
21
November 8, 1994
SECTION 3. SEVERABILITY.
If any section, or any sentence, paragraph, phrase, or word of
this ordinance is for any reason held to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining
portions of this ordinance, and it shall be construed to have been the
legislative intent to pass the ordinance without such unconstitutional,
invalid or inoperative part.
SECTION 4. EFFECTIVE DATE.
This ordinance shall become effective upon becoming law.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 8th day of November-, 1994-
This
994.
This ordinance was advertised in the Vero Beach Press -Journal
on the
14 t Iday
of
October
, 1994,
for
a public hearing
to be held
—dept.
on the
8 t h day
of
N oy e m b e r
1994,
at
which time it was
moved for
adoption by Commissioner E g e r t , seconded by Commissioner
Adams , and adopted by the following vote:
Chairman John W. Tippin A y e
Vice Chairman Kenneth R. Macht A y e
Commissioner Carolyn K. Eggert Ay e
Commissioner Richard N. Bird Aye
Commissioner Fran B. Adams Aye
Inman Rlvtr Ca
Approved Daie
Admin
1 t q
Legal
Budget
—dept.
Risk Mgr.
BOARD OF COUNTY COMMISSION
INDIAN RIVER COUNTY, FLORIDA
By
John` W. Tipp" airman
Attest By
C J.K.ONS
d��ccz �-
Acknowledgement by the Department �f State of the State ofr%Fforida,
this 17 day of November , 1994.
Effective date: Acknowledgement from the Department of State received
on this 4tb day of D _ . mb r , 1994, at 1 .-An q p.m. 'and filed in
the Office of the Clerk of the Board of County Commissioners of Indian
River County, Florida.
November 8, 1994
INDIAN RIVER LAND TRUST
/MCKEE-BOTANICAL GARDENS
The Board reviewed a letter dated.November 2, 1994:
h"AianRiverLandTrust
MW 4871 Noah AIA vcro Beach, Piodda 32963 407234-3ss
November 2, 1994 NOV1994 0
" N �
OtBCE ^'
Mr. James E. Chandler, -
Administrator
Indian River County Commission
1840 25th Street
Vero Beach, FL 32960
Dear Mr. Chandler:
This is to request permission to give a brief presentation to your County Commission Board at the
next meeting on Tuesday, November 8, 1994, regarding the Indian River Land Trust's plans to
- . purchase, restore and endow McKee Botanical Gardens. —
We will request a letter in support of the general concept of the Gardens as well as a letter
indicating the County Commission's support for this project which we may attach to our grant
application to the Department of State's Division of Historical Resources, in which we are seeking
a matching grant to save two buildings of great historic significance, the Hall of Giants and
Spanish Kitchen, unique edifices in McKee Botanical Gardens.
Your assistance in this endeavor will be greatly appreciated.
- Sincerely,
Susan Schuyler Smith
Treasurer
Indian River Land Trust
Co -Chairman
- McKee Botanical Gardens
23
November 8, 1994
BOOK b"J PAIUL /51
MOO
William Jones, president of Jones and Associates, a
professional fund development consulting firm based in Cincinnati,
distributed a newsletter from Indian River Land Trust and a rack
brochure for an upcoming campaign. He stated that he had conducted
a fund development market analysis, the primary purpose of which
was to examine the community's receptiveness to the campaign, test
the preliminary case for support and gather enough information to
develop a campaign strategy. The study indicated the community's
support for the preservation of McKee Gardens.
Susan Phillips, co-chairman of the McKee Committee, shared the
plan drawn up by the firm of Wallace, Roberts and'Todd, a Coral _
Gables landscape firm currently working on Fairchild Gardens, a
sister garden to McKee Gardens. They found the original plan for
McKee Gardens including the original correspondence of all the
people involved at the time McKee was built. Ms. Phillips pointed
out the Hall of Giants and the Spanish Kitchen, which are the Waldo
Sexton buildings built in the 19401s, together with a new
activities building which will be a place for wedding receptions
and meetings. The activities building is being built out into the
parking lot, utilizing all of the space with as little removal of
trees as possible to keep the heart of the Gardens the way it was.
There also will be a cafe, a book shop, a maintenance area and an
memorial orchid greenhouse for Dr. Fairburn, the orchid man. Ms.
Phillips then expressed her hope that the Board will support the
Gardens.
Commissioner Adams commended the effort expended in putting
together the plan and asked Director Pinto to meet with Ms.
Phillips regarding reuse water for the lakes, ponds and irrigation.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously
authorized a letter of support to be executed by
Chairman Tippin and directed Director Pinto to meet
with the Committee regarding the reuse of water.
24
November 8, 1994
I
WARRANTY & MAINTENANCE BOND/COLONIAL -GARDENS
/PHASE H
The Board reviewed a Memorandum of November 2, 1994:
TO: James E. Chandler
County Administrator
DI ION HEAD CON NCE:
Robe M. R a iin A
Community Develo , enDirector
THROUGH: Stan Boling, AICP
Planning Director
FROM: John W. McCoy, AICP�aA
Senior Planner, Current Development
DATE: November 2, 1994
SUBJECT: Request for Authorization to Draw Upon a Warranty &
Maintenance Bond for Colonial Gardens Phase II
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of November S. 1994.
DESCRIPTION AND CONDITIONS:
On October 5, 1993, the Board of County Commissioners granted final
plat approval for Colonial Gardens Phase II. Colonial Gardens
Phase II is a 43 lot subdivision located just west of Old Dixie
Highway,,. north of 9th Street. At -the time of final plat approval,
all required subdivision improvements had been constructed, and a
certificate of completion had been issued. Some of the
improvements were publicly dedicated. As a requirement for final
plat approval with publicly dedicated improvements, a warranty and
maintenance agreement was executed, and the developer posted with
-the-county a letter of -credit in the amount of 25% of the cost of
the construction of the required improvements (letter of credit
amount: $29,500). As a result of the warranty and maintenance
inspection, a flooding problem was discovered at the west end of
the subdivision. To ensure that the necessary drainage corrections
will be made, the Board must now draw upon the developer's
maintenance bond to guarantee that sufficient funds will be
available to the county, if the county will -have to make the
necessary drainage improvements.
25
November 8, 1994
I
0 p l
ROOK uW PAI`4. �9!3
ANALYSIS:
The warranty and maintenance agreement is to warranty the
performance -of the required improvements. "Although the Colonial
Gardens Phase II warranty period expired October 8, 1994, the
letter of credit remains in effect until November 12-, 1994. This -
extended period was put in the letter of credit in order to'give
the developer time to fix any construction problems identified by
county staff at the end of the warranty and maintenance period.
During a recent inspection, public works staff determined that
certain drainage problems exist within the subdivision, and the
developer is currently working with the public works department to
solve the problem. However, if the drainage problem is not fixed
by November 12, 1994, the county will have only an unsecured pledge
from the developer to correct the problem. Therefore, the county -
engineer has recommended pulling $5,000 of the total letter of -
credit amount to guarantee that the necessary corrections will be
made to the subdivision's drainage improvements (see attachment
#2) . -_
Staff is seeking authorization to draw upon the existing letter of
credit in the amount of the $5,000, as recommended by the County
Engineer, to guarantee correction of the referenced drainage
problems. If, prior to November S. 1994, the developer completes
the necessary corrections as approved by the public works -
department, or if the developer posts new security in the amount of
$5,000 and proposes to extend the warranty and maintenance
agreement, then staff will not need to draw upon the letter of
credit. If the letter of credit is drawn upon, all non -used funds
drawn will be returned to the developer once the drainage
corrections are made.
RECOMMENDATION:
Based on the above analysis, staff recommends that the Board of
County Commissioners:
1. Authorize- the chairman to sign the attached resolution,
authorizing staff to draw upon the letter of credit, if
necessary; and
2. Authorize an extension of the warranty and maintenance
agreement and authorize staff to accept new security, in the
event that the applicant proposes such an extension and
submits new security prior to November 8, 1994.
Planning Director Stan Boling explained that when final
approval is granted to a subdivision where road and drainage
improvements were dedicated to the County, there is a one year
maintenance period and security is posted to make sure that all the
required improvements perform --properly. During the required
maintenance period for this particular subdivision, the County
engineering staff found some problems with the drainage system.
The Letter of Credit posted to secure the proper performance
26
November 8, 1994
M M M
L7
expires shortly and staff is asking for authorization to draw upon
the Letter of Credit in an amount that will make certain that the
corrections are properly performed.
MOTION was made by Commissioner Eggert, SECONDED by
Commissioner Bird, to approve staff Is recommendation
that the warranty and maintenance agreement be
extended; and to adopt Resolution 94-145 authorizing
draft upon Community Savings, F.A. Irrevocable
Letter of Credit No. 8-12-224.
Jim Wilson, attorney representing the Mitchells in Vero
Building Corporation, the developer, advised that the developer
will go ahead and do the required improvements, extending the
Letter of Credit in the amount of $5,000. An engineer has been
retained to take care of the problems.
THE CHAIRMAN CALLED THE QUESTION. The motion was
voted on and carried unanimously.
RESOLUTION NO. 94-.145
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING DRAFT UPON COMMUNITY SAVINGS,
F.A. IRREVOCABLE LETTER OF CREDIT NO. 8-12-224.
WHEREAS, Vero Building Corporation entered into a Warranty,
Guaranty and Maintenance Agreement, and Bill of . Sale for Required
Improvements - Contract No. SD -90-08-11-C; and
WHEREAS, that agreement warrantied and guaranteed required
subdivision improvements for a 1 -year period ending October 5, 1994; and
WHEREAS, pursuant to that contract Vero Building Corporation
was notified by letter on October 3, 1994 of a flooding problem on the west
end of the subdivision; and
WHEREAS, that problem has not been corrected; and
WHEREAS, in order to secure its obligations under that contract
Vero Building Corporation established" -with Community Savings, F.A. an
irrevocable letter of credit No. 8-12-224 with an effective date of August 12,
1993 and an expiration date of November 12, 1994; and
WHEREAS, Vero Building Corporation has failed to fulfill the
performance of said contract for warranty and maintenance,
P*A
November 8, 1994
BOOK
A
soon
j Paul '7t
_ 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. • Vero Building Corporation has defaulted under the terms of
the aforementioned Warranty, Guaranty - and Maintenance Agreement, and Bill
of Sale for Required Improvements.
3. The amount of the draft represents the amount required by
Indian River County to fulfill the performance of the Warranty, Guaranty
and Maintenance Agreement, and Bill of Sale for Required Improvements.
4. The Indian River County Office of Management and Budget is
authorized to transmit this resolution along with a sight draft iri the amount
Of $5,000-00 marked "DRAWN ON IRREVOCABLE LETTER OF CREDIT NO.
8-12-224 OF COMMUNITY SAVINGS, F.A.".
5. Sight draft and resolution are to be presented for payment at
the Community. Savings, F.A. offices located at 860 U.S. Highway 1, North
Palm Beach,, Florida 33408 arriving at the counters of Community Savings,
F.A. prior to the close of business on November 10, 1994, along with the
endorsed original letter of credit.
S. The Director of the Office of Management and Budget is
authorized to endorse the date and the amount of the $5,O00.00 drawing on
the reverse side of the letter of credit.
The foregoing resolution was offered by Commissioner
Eggert and seconded by Commissioner Bird and, being
Put to a vote, the vote was as follows:
.Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 8th day of November, 1994.
ATTEST:
November 8, 1994
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
r�
By y /
-
40N W. Tippin, Ch
28
Jeffrey$rton, Cler,
November 8, 1994
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
r�
By y /
-
40N W. Tippin, Ch
28
AS -BUILT RESOLUTION & ASSESSMENT ROLLS FOR PAVING AND
DRAINAGE MIPROVEMENTS TO 1281H COURT MDSELANDI
The Board reviewed a Memorandum of October 24, 1994:
TO: James Chandler
County Administrt
THROUGH: James W. Davis, P
Public Works Dire
and r
Roger D. Cain, P.
County Engineer
FROM: Michelle A. Gentile;
Civil Engineer
SUBJECT: As -Built Resolutions & Assessment Rolls for Paving and Drainage Improvements
to:
1) 128th Court (Roseland) 236 L.F. N.W. of 79th Avenue
DATE: October 24, 1994
The paving of the above road has been completed. The final assessment is as follows:
Total Cost $9,139.70 $8,946.94
Cost Paid by Mr. Kirrie $5,143.92 $5,143.92
Cost Paid by County ..$3,995.78 $3,803.02
The final assessment mll has been prepared and is ready to be delivered to the Clerk to the Board.
- Inasmuch as the entire cost of the project attributable to the land owners has been placed in escrow
with the county, there is no need to make provisions for installment payments or lien procedures.
Since the final assessment to the benefitted owner is the same as the preliminary assessment roll,
the only alternative presented is to approve the final assessment roll.
It is recommended that the final asst roll and the "As-Budt Resolution" for the paving of the
above mentioned road be approved by the Board of County Commissioners and that the $5,143.92
placed in escrow shall now be credited to Capital Improvement Assessment Account No. l l 1-000-
363-110.00.
29
November 8, 1994 3
F'�4;,E 75'
F_
[BOOK W P.hGL 4 w�l
58
MOTION was made by Commissioner Bird, SECONDED by
Commissioner Eggert, that the Board approve the
crediting of $5,143.92 placed in escrow to Capital
Improvement Assessment Account No. 111-000-363-
110.00; and adopt Resolution 94-146 Certifying "As -
Built" Costs for Certain Paving and Dr=ainage
Improvements to 128th Court (Roseland).
Public Works Director James W. Davis advised that the paving
and drainage improvements to 128th Court in Roseland are complete.
Mr. Kerrie has cost -shared with the County in paving a section of
128th Court and staff is asking that the Board approve the
assessment to Mr. Kerrie for $5,143.92. The County"s share of the
cost is usually 25%; however, Mr. Kerrie had agreed to pick up some
additional cost.
THE CHAIRMAN CALLED THE QUESTION. The Motion was
voted on and carried unanimously.
As -Built (Fourth Reso.) 1/5/94(ENG)RES4.MAG'\gfk
RESOLUTION NO. 94- 146
A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING "AS -BUILT"
COSTS FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO
128TH COURT (ROSELAND), 236 L.F. N.W. OF 79TH AVENUE,
DESIGNATED AS PROJECT NO. 9121 AND OTHER CONSTRUCTION
NECESSITATED BY SUCH PROJECT, PROVIDING FOR FORMAL
COMPLETION DATE.
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. 9121, are in the public interest and
promote the public welfare of the county; and
WHEREAS, on January 18, 1994, 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. 94-16, 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 ,
November 8, 1994
30
WHEREAS, the Director of Public Works has certified the actual "as -built" cost now
that the project has been completed is $8,946.94. $5,143.92 will be paid by Mr. Christopher Kirrie
who has escrowed funds for this paving in the amount of $5,143.92. The county's share will be
$3,803.02 which is $192.76 less than the confirming Resolution No. 94-16,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. Resolution No. 94-16 is modified as follows: The completion date for Project No. 9121
is declared to be August 30, 1994. Inasmuch as the entire cost of the project attributable to the land
owners has been placed in escrow with the county, there is no need to make provisions for
installment payments or lien procedures.
2. The final assessment roll for said project listed in Resolution No. 94-16 shall be as
set forth in attached Exhibit "A" to this resolution.
3. The assessments as shown in attached Exhibit "A" shall stand confirmed.
4. The $5,143.92 placed in e4crow shall now be credited to Capital Improvement
Assessment Account No. 111-000-363-110.00.
This resolution was moved for adoption by Commissioner
_IA;.' Bird and the motion was seconded by Commissioner
Eggert and, upon being put to a vote, the vote was as follows:
Chairman John W. Tippin
Vice -Chairman Kenneth R. Macht
Commissioner Carolyn K. Eggert
Commissioner Fran B. Adams
Commissioner Richard N. Bird
Ile Chairman thereupon declared the resolution duly passed and adopted this
8th day of November 1994.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER
COUNTY, FLORIDA
By ,
W. TIPP , r
Chairman
Attest.-
JEFFREY
ttest:JEFFREY K. BART
lAchment: Exhibit "A"
31
November S, 1994
BOOK bd F°ur'
a
FINAL ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS
TO: 128TH COURT 236 L.F. NW OF 79TH AVENUE
FLEMING GRANT SUBDIVISION
Q
PROJECT N0.9121
COST TO PROPERTY OWNER................ $5,143.92
NAME &ADDRESS LEGAL DESCRIPTION ESCROWED FUNDS PAVING COSTS BALANCE IN ESCROW
1. Christopher N. Kirrie Parcel #21303800006027000007.0 $4,275.00 Paving
P.O. Box 144 $4,275.00 -0- Paving '
A.A. Berrys Subdivision,PBS 2 $1,209. Sidewalks 868.92 340.08 Sidewalks
Roseland, FL 32957-0144 Page 14 NLY 166' OF SLY 201,
of WLY 1/2 of Lot 27 '
N
TOTAL $5,484.00 $5,143.92 $340.081
128CTFIN.WK1
01
OS
00
EXHIBIT
z
24 -Oct -N
1
1
FINAL COST FOR:
128TH COURT
DATE: 10/06/94
PROJECT NO. 9121
TOTAL F.F.
TOTAL L.F.
FINAL COST
CONSTRUCTION
Labor
$2,921.37
Equipment
$0.00
Soil Cement
$0,00
Asphalt
$1,292.92
Fill
$0.00
Sod
$995.85
Seed
$0.00
Pipe
$757.12
Landfill
$0.00
Limerock
$1,578.01
Marl
$0.00
Shell
$0.00
Catch Basins
$0.00
Curbing
$0.00
Stakes
$0.00
Testing (Empire Engineering)
$24.00
Miscellaneous
$0.00
$7,569.27
PERMIT FEES
$300.00
ROW ACQUISITION &
TITLE SEARCH
$0.00
' EkMINEERINCi
(Based on $2.59/L.F.) $2.59
x 236 e
2% Tax Collector's Fee
(Engineering & Construction)
Sub -Total
Administration 3 %
Recording Fees
TOTAL
County's Cost
Cost Paid by Mr. Kirrie
final.wkl
33
November 8, 1994
332
236
$7,569.27
$300.00
$0.00
$611.24
163.61
$8,644.12
$259.32
3.50
$8,946.94
$3,803.02
$5,143.92
10 -Oct -94
BOOK UJ F'kaL 751
ROOK U"j FAGL 7&& *
TRAFFIC SIGNAL MAINTENANCE AGREEMENUCITY OF
SEBASTIAN
The Board reviewed a Memorandum of November 1, 1994:
TO: James E. Chandler, - - -
County Administrator
FROM: _ James W. Davis, P.E.,
Public Works Director
SUBJECT: Traffic Signal Maintenance Agreement - City of Sebastian
s
DATE: November 1, 1994 FILE: COSMAiNT.AGN
DESCRIPTION AND CONDITIONS
In September 1983, Indian River County was requested by the City of Sebastian to provide `
maintenance services for the signal located at SR5 (US 1) and Main Street. In the spring of 1987,
the City of Sebastian requested that we add a second signal to the maintenance list.
At this time, more signals are being added in the municipality and maintenance costs have
risen. The past agreement has expired: Therefore, staff is requesting that the chairman be
authorized to execute the attached Traffic Signal Maintenance Agreement which has been
previously approved -by the Sebastian City Council.
ALTERNATIVES AND ANALYSIS
The following alternatives are presented:
Alternative No. 1
Authorize the Chairman to execute the attached agreement.
Alternative No. 2 _
Deny authorization of the contract, continue maintenance of signals without
charging for maintenance
RECOMMENDATIONS AND FUNDING
Staff recommends Alternative No. 1 whereby the Chairman will execute the attached agreement.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously approved
the Traffic Signal Maintenance and Repair Agreement
with the City of Sebastian and authorized the
Chairman to execute the Agreement, as recommended by
staff. -
AGREEMENT IS ON FILE IN THE OFFICE
OF THE' -CLERK TO THE BOARD
34
November 8, 1994
M =I
BARKETT APPEAL OF WENDY'S SITE PLAN _
The Board reviewed a Memorandum of November 2, 1994:
TO: The Board of County Commissioners -
FROM: L,L, t William G. Collins II - Deputy County Attorney
DATE: November"2, 1994
SUBJECT: Barkett Appeal of Wendy's Site Plan
This is an appeal of a final decision of a County officer to the Board of
County Commissioners pursuant to Indian River County Code Section
100.06.3.
Code Section 954.08, Special Parking Regulations and Arrangements, allows
cross -parking agreements when an abutting property has excess parking
spaces, a cross -access easement has been executed that provides for
perpetual access and use of the abutting property's parking spaces and
driving aisles. The Code further requires that the easement agreement be
approved as to substance by the Community Development Director and
approved as to legal form and sufficiency by the County Attorney's Office.
The easement agreement must be recorded prior to site plan release.
A reciprocal easement agreement for parking, ingress and egress was
executed April 1, 1994 between Barnett Bank and South Vero Square, Inc.
That agreement gave Barnett, its successors and assigns, exclusive rights to
seven parking spaces within the South Vero Square . Shopping Center. It
also gave non-exclusive rights of parking, ingress and egress over other
parking spaces within the shopping center.
Mr. Barkett contends that this easement agreement satisfies condition #2 of
Planning and Zoning Commission's site plan approval on August 11, 1994
"2. -Prior to site plan release, the applicant shall
provide documentation acceptable to the County
Attorney's Office guarantying 15 additional
dedicated off-site parking spaces located on the
South Vero Square Shopping. Center site."
The ' principal concern 'of the Community Development Department and the
County Attorney's Office is that the 15 extra non-exclusive parking spaces
claimed within - the South Vero Square Shopping Center would not be double
counted for parking purposes. It appears that Wendy's as Barnett's
successor would not have the right to exclude anyone else from using those
15 spaces, nor does the shopping center owner have the right to exclude
Wendy's customers from utilizing any of the parking spaces within the
shopping center.
Our office was concerned that the shopping center owner might come in at a
later date with some new improvements to the shopping center which would
require additional parking and attempt to have credited the same 15 spaces
that Wendy's was claiming under the reciprocal easement agreement. To
avoid such a situation, and in the absence of any exclusive easement rights
to the 15 parking spaces in question, we asked for an acknowledgment from
k�1
November 8, 1994
BOOK bi Wcj,� 700
POOP( bO €'x RI 4
the shopping center owner that the 15 off-site spaces claimed by Wendy's
under the parking agreement would not be allowed to be credited toward any
Parking requirements associated with future expansion of the shopping
center. The shopping center owner strenuously objected to those
conclusions reached in my inter -office memorandum dated September 27th and
to any interpretation that allowed - Wendy's a right to use-- those spaces to
satisfy their parking requirements.
ALTERNATIVES:
1. Uphold the. decision not to release the site plan until such time as the
parties obtain a judicial declaration. -of their rights under the reciprocal
parking agreement. -
2. Uphold the decision not to release the site plan and -allow -
Wendy's/Barnett to seek a. writ of mandamus ordering the site plan
-
released.
3. Release the site plan and risk a potential lawsuit from the shopping
center owner seeking injunction or damages.
4. File for declaratory ' judgment naming both Barnett and the shopping
center owner as defendants and obtain a judicial ruling as to whether
the easement agreement satisfied code requirements.
RECOMMENDATION:
The parties to the reciprocal easement agreement disagree as to their rights
under the agreement. I suggested that the parties seek a declaratory
judgment of their rights under the agreement prior to the site plan being
released, Alternative #1.
Deputy County Attorney William G. Collins II offered some
background information and explained that the former owner, Barnett
Bank, had a reciprocal agreement with the shopping center that
provided easements for parking on the shopping center site.
Wendy's, as a fast food restaurant, required significantly more
parking than Barnett Bank would have. Wendy's proposed to satisfy
their parking requirements by providing half of the required 44
spaces on-site and half off-site, utilizing the easement agreement
that they had with the prior owner. We had some concern about
committing property within the shopping center exclusively to the
use of Wendy's and a condition was put in the site plan approval
that there be some documentation that they had dedicated those 15
extra spaces to Wendy's so that later on the shopping center owner
could not come back, -expand the shopping center and use those
surplus parking spaces. We have suggested that the parties to the
agreement, the shopping center and Wendy's, seek a declaratory
judgment as to what their rights are under the easement agreement. -
36
November S, 1994
Director Keating indicated Wendy.'.s-needs 44 spaces, of which
they are providing 22 on-site and want to use 22 spaces that are
contiguous to their parcel but off-site. Staff acknowledges that
7 of those 22 off-site spaces are for the exclusive use of Wendy's;
however, the other 15 are in question and staff's concern is that
the shopping center owner may have a need to use those 15 spaces.
Bruce Barkett, attorney representing the applicant, Wendy's
International, introduced Joe Keith of Wendy's International, a
real estate manager from Atlanta, Georgia; Alan Blankstein, Asset
Disposition Officer for Barnett Bank; and David Felton, of
Corporate Property Services, Inc., the planning agent who submitted
the site plan for Wendy's International. Mr. Barkett believed the
issue is whether Wendy's could ever be excluded from the use of
those 15 spaces as it is their contention that the cross -parking
easement agreement is valid, enforceable, recorded and gives
Wendy's the right to use the parking spaces.
County Attorney Vitunac agreed that the agreement provides for
perpetual use, but felt that it does not provide exclusive use,
which the Code requires. He felt that the issue is whether the
required parking spaces can be claimed by both the shopping center
and Wendy's, in which case the easement is defective because it is
not exclusive.
Director Keating suggested that the applicant provide a "non -
concurrent parking study" to show that the total required parking
spaces would not be needed, that there may be different peak usage
times, and that the uses would require fewer spaces.
Steve Henderson, attorney representing Vero Beach Shopping
Center. Associates_. Limited Partnership, the current owner of the
center, agreed with Attorney Barkett that a declaratory judgment is
not appropriate in this instance and felt that the real issue is
how the parking ordinance is interpreted as to whether non-
exclusive parking spaces created through an agreement should be
counted in meeting minimum parking requirements.
David Felton of Corporate Property Services, the agent for
Wendy's, explained that the store will not impact the shopping
center parking all day long and requested approval of the site
plan.
37
November 8, 1994 �G'tl �r
BOOK Ud FALL 765
BOOK 3 M
Director Keating reiterated that the applicant could do a non -
concurrent parking study if they think the required rates
overestimate the number of spaces needed for peak utilization.
Joe Conrado, owner of the McDonald's at the shopping center, -
expressed his chagrin at having another fastfood restaurant in the
same general location and wanted to be assured that this applicant
goes through all the same procedures he followed. He emphasized
that the number of required parking spaces affect the amount of
rent he is paying.
COMMISSIONER MACHT' S MOTION THAT STAFF ACCEPT A STUDY AND MAKE _
A DECISION ON THE VALIDITY OF IT AS IT APPLIES TO THE LOCAL
SITUATION DIED FOR LACK OF A SECOND.
MOTION was made by Commissioner Bird, SECONDED by
Commissioner Macht, to release the site plan
conditioned on receipt of a study acceptable to the
Planning Department and County Attorney that meets
the criteria of the existing ordinance indicating
that fewer parking spaces are needed, pursuant to
staff's recommendations.
Commissioner Bird inquired whether the study would be specific
enough to meet the requirements, and Director Keating advised that
it would be.
Commissioner Eggert wanted to consider the flexibility of a
drive-through restaurant in determining the number of required
parking spaces.
Commissioner Adams felt the square footage requirement was a
better control because the drive-through could close and a sit-down
restaurant could come in, but Commissioner Eggert still wanted the
flexibility.
Chairman Tippin advised that he could not support the motion.
THE CHAIRMAN CALLED THE QUESTION. The Motion
carried by a vote of 4-1, Chairman Tippin
dissenting.
38
November 8, 1994
WETLANDS MITIGATION
The Board reviewed a Memorandum of November 7, 1994:
TO: Board of County Commissioners
c
FROM: Charles P. Vitunac, County Attorney
DATE: November 7, 1994
RE: Wetland Mitigation - DEP - Orlando Meeting
At a recent Board meeting the Commission voiced its strong objection to a
letter from the Department of Environmental Protection which suggested that
the County needed to mitigate 24.6 -acres of relit;: wetland's which are to be
surrounded by the County's 130 plus acres of man-made wetlands as part of the
wastewater treatment process.
As a result of the Board's opposition a meeting was held Friday, November 4
in Orlando at DEP regional headquarters. Attending were Bill Bostwick, DEP;
Tammy Weingarden, DEP; Richard Lott, DEP; Lance Hart, St. Johns River Water
Management District; Chip Swindel, Environmental Consultant; Earl Masteller,
Masteller & Moler Engineering; Belinda Burns, Masteller & Moler; Terry Pinto,
Utilities Department; Robert Wisemen, Utilities Department; and I.
The meeting lasted for approximately 90 minutes and included much discussion
of the County's plans and specifications for the wetland and emphasized the
County Commissioners' position that the man-made wetlands should be a model
for environmentally sound treatment of effluent. County staff also indicated
that the wetlands should include appropriate Cypress trees and other wetland
species to emulate a natural wetland. At the conclusion of the meeting, Mr.
Bostwick indicated that DEP would recommend issuance of a permit once
certain notations were made on the construction plans and after a field trip
was made Monday, November 7 by Mr. Swindel and Ms. Weingarden.
-Mr. Pinto emphasized to the group that this wetland was not required of the
County Commission but that it was voluntary, and that there were other
cost-effective methods of disposal of waste, although not as environmentally
sound, that the County could propose if necessary. He felt that the state
agencies should be cooperating with the County to ensure that the wetlands
could be built, without unnecessary studies, plans, or other restrictions
which could kill the project.
Attorney Vitunac gave a brief overview of the meeting and
Commissioner Bird inquired if the two main items, the 2 small
wetland areas that we were being asked to mitigate more than just
incorporating them into the overall wetlands and the mitigation
credit for the whole piece, were accomplished.
39
November 8, 1994 ,
BOOK ;J f'AU'L �A� 1
7
Director Pinto stated that DEP has agreed to issue their
intent to issue the permit for the construction of the wetland
based on not destroying the wetlands that currently exist.
However, the issue of using the manmade wetlands as future
mitigation has not been resolved. The County can get this project
under construction and address at a later time whether or not the
project can be used for mitigation of other wetlands. When the
permit arrives, there will be conditions attached.
Chairman Tippin announced that this is just an informational
item, and no action is needed.
SESOMCENTENNIAL COORDINATING CONIlVIIME FOR I.R.C.
The Board reviewed a letter of October 20, 1994:
FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF HISTORICAL RESOURCES
R.A. Gray Building
•500 South Bronougly
Tallahassee, Florida 32399-0250
Directors Office Telecopier Number (FAX)
(904)488-1480 _ (904) 488-3353
October 20, 1994
The Honorable John Tippin
Chairman, Board of County Commissioners
Indian River County .
1840 25th Street
Vero Beach, FL 32960 -
Dear Chairman Tippin:
In 1995 Florida celebrates its 150th anniversary of statehood. During the 1994 session the
Florida Legislature enacted Ch. 94-152, Laws of Florida, which established the Florida
Sesquicentennial Commission to lead and coordinate this special occasion known as the Florida
Sesquicentennial.
It is with great. pleasure that the Florida Sesquicentennial Commission requests the assistance of.
your Board of County Commissioners in initiating the first phase of the Sesquicentennial
Celebration for the State of Florida. We ask that the County_Conm im"on appoint, and through
formal resolution recognize, a Sesquicentennial Coordinating Committee for your county. The
office of chair and vice -chair of the Committee will also need to be appointed when the committee
members are named. The Committee will serve as a vital and dynamic link with theFlorida
Sesquicentennial Commission
40
November 8, 1994
I-1
The Florida Sesquicentennial Celebration has been designed to be a grass roots celebration and
specific Commission powers will be delegated to individual county Sesquicentennial Coordinating
Committees within the 67 counties. The Sesquicentennial Coordinating Committee will be
charged with the primary responsibility of encouraging, sanctioning and coordinating local
Sesquicentennial activides/events which take place within the county of jurisdiction.
The Florida Sesquicentennial Commission suggests that your Sesquicentennial Coordinating
Committee be as inclusive as possible. It should be comprised of influential and committed
members of the business, education, cultural and civic segments of the community, local
governments both at the county and the municipal level should be involved as well. You could
choose to include a representative of each municipality in your county and/or a member of the
Local /Regional League of Cities (to help coordinate the cities, activities). Although it will be
ultimately up to the County Commission as to the number of members, it is suggested that the
Sesquicentennial Coordinating Committee haven less than five and no more than fifteen
members. It will also be the decision of your commission as to the composition -of the
Sesquicentennial Committee; however, the members should be people willing to work to make
this special occasion a success.
It is reaues ed that this issue be placed on the Anda for the next commission meeting so that
anvomtments are made as soon as ssi'ble. After appointments are made please Fax (and send a
follow-up hard copy) a complete alphabetical list of all appointed members, along with their
addresses, phone and fax numbers. Also please note chairman and vice-chairman as they will be
the primary points of contact.
We look forward to working with your Sesquicentennial Coordinating Committee to make the
celebration of the 150th anniversary of statehood for Florida a success. Ifyou have further
questions please contact the Sesquicentennial Commission office at:
- Florida Sesquicentennial Commission
Florida 150
Florida Department of State
Tallahassee, Florida 32399-0250
PH 904/921-0150 FAX 904/488-3353
Sincerely,
Senator Curt Kiser
Chairman Robert G. Grimm
- - �- � Executive Director
Florida Sesquicentennial Commission
41
November 8, 1994
PAL
Chairman Tippin asked the Commissioners to give some thought
to this project and bring back recommendations for committee
members, a chairman and vice chairman.
Commissioner Bird reminded the Board that they had previously
agreed to publicize the search -.-for volunteers to work with the
State of Florida Sesquicentennial Commission.
Commissioner Macht felt there was some confusion about the
designation of Indian River County's region and agreed to obtain a
clarification from Tallahassee.
After discussion, a consensus was reached that the Board would
give some thought to the actions to be taken and bring
recommendations to the next meeting for a Chairman and Vice
Chairman, together with any other suggestions they might have.
SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment, the
Board would convene as the Board of Commissioners of the Solid
Waste Disposal District. Those Minutes are being prepared
separately.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:45 a.m.
ATTEST:
t:
r� e
Jo-Ti7ppfn,VQA%irmari
l
.0
9V
42
November 8, 1994
-I