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Home My WebLink About2/20/1996� MINUTESEWTACHED BOARD OF COUNTY COMMISSIONERS — INDIAN RIVER COUNTYr FLORIDA A D E N MA TUESDAY, FEBRUARY 20, 1996 9:00 A.M. - COUNTY COMMISSION CHAMBER County Administration Building 1840 25th Street Vero Beach, Florida COUNTY COMMISSIONERS L Fran B. Adams, Chairman (District 1) James E. Chandler, County Administrator Carolyn K. Eggert, Vice Chairman (District 2) Richard N. Bird (District 5) Charles P. Vitunac, County Attorney Kenneth R Macht (District 3) John W. Tippin (District 4) Jeffrey K. Barton, Clerk to the Board 9:00 a.m. 1. CALL TO ORDER PAGE 2. INVOCATION None 3. PLEDGE OF ALLEGIANCE - Comm. Richard N. Bird 4. ADDITIONS to the AGENDA/EMERGENCY ITEMS 11-A Deleted 5 Addition of presentation from Vero Beach Boat Club. 12-B Addition of Courthouse arbitration on mahogany paneling. 5. PROCLAMATIOiy and PRESENTATIONS None 6. APPROVAL OF NIINUTES None - 7. CONSENT AGENDA A. Acceptance of Resignation of Mr. r= Zorc From the Affordable Housing Advisory Committee (memorandum dated February 12, 1996) B. Appointment of Bruce Callahan to the Economic Development Committee (memorandum dated February 13, 1996) C. Mr. Charles Sullivan's Request for Preliminary PD Plan Approval Extension for the Glendale Oaks Planned Development (memorandum dated February 12,1996) 1 2-4 5-9- 7. CONSENT AGENDA (cont'd): D. Utility Services Department - Impact Fees - Forms for Provisions for Extended Payment over Time (memorandum dated February 7, 1996) E. Award Bid #6035 / Vero Lake Est. Wafer Main (memorandum dated February 12,1996) F. Sebastian Water Expansion Plan, Phase I (memorandum dated February 14,1996) G. Sebastian Water Expansion Plan, Phase 11 (memorandum dated February 14,1996) H. Sebastian Water Expansion Plan, Phase III (memorandum dated February 14,1996) 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9:05 A.M. 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. CCA Holdings Ltd.'s Request for Con- ceptual Planned Development Plan (PD) Special Exception Use Approval for a Multi -Family Residential Apartment Com- plex to be Known as Kyle's Run (memorandum dated February 9, 1996) 2. Beazer Homes Florida Inc.'s Request for Conceptual Planned Development Special Exception Use and Preliminary Plan Approval for a Project to be Known as Island Club Subdivision (memorandum February 13,1996) B. PUBLIC DISCUSSION ITEMS None 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development Sebastian Lakes Winn Dixie Traffic Impact Fee CreditNon-Site Related Construction (memorandum dated February 12,1996) PAGE 10-11 12-32 33-35 36-38 39-41 42-69 70-114 115-127 11. DEPARTMENTAL MATTERS (cont'd): PAGE B. Emergency Services None — C. General Services Fiber Optic Cable Link (memorandum dated February 13, 1996) 128-129 D. Leisure Services Sandridge Golf Course Maintenance RFP (memorandum dated February 14, 1996) 130 E. Office of Management and Budget Fire Hydrants (memorandum dated February 14,1996) 131-146 F. Personnel None G. Public Works 1. US Department of the Army Corps Consent to Easement for County Operation of Boat Club Island (IR25 Spoil Island) (memorandum dated February 13, 1996) 147-157 2. Amendment No. 4 - Professional Engineering Services, 37th Street Improvements -(memorandum dated February 7,1996) 158-161 3. 58th Ave. R -O -W Acquisition; Parcel #126, Rivera Est., Lot 1 and 2, Block 3, Jean Paul and Pauline Cantin (memorandum dated February 6, 1996) 162-165 H. Utilities Wetlands Project at west Regional WWI? Site Transitional Caretaker - - (memorandum dated February 8, 1996) 166-188 12. COUNTY ATTORNEY Utilities Bond Resolution (backup will be provided under separate cover) 13. CO SSlONE—gS l iw A. Chairman Fran B. Adam B. Vice Chairman Carolyn X Eggert 13. COMMISSIONERS ITEMS (cont'd : PAGE C. Commissioner Richard N. Bird D. 'Commissioner Kenneth R. Macht E. Commissioner John W. Tiepin - 14. SPECIAL DISTRICTS/BOARDS A. Eme envy Services District 1. Approval of Minutes - Meeting of 09/26/95 2. Approval of Minutes - Meeting of 10/03/95 3. Approval of Minutes -Meeting of 10/17/96 4. Change Order #1- Emerg. Serv. Station #10 Northwest Station (memorandum dated February 13, 1996) 189 (add'l. backup will be provided separately) B. Solid Waste Disposal District 1. Approval of Minutes. - Meeting of 1/16/96 2. Conservation Easement Document Work Authorization #6 (memorandum dated February 7,1996) 190-195 C. Environmental Control Board Support of Fourth Annual I.R. Regional Science and Engineering Fair (letter dated February 13, -1996) 196-197 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 DISABII,I M - ACT (ADA) COORDE'dn T OR AT 567_900()X402 12 A T T .R a 4ZT A2 TJnT , D e nor a MI A T.rr4lu nV I SOM"IM s.Tn_ w aavvay,a aai &-A" T A -"I% A.4 WL- lru'+iS11L'4%J, Meeting broadcast live on: TCI Cable Channel 13 - rebroadcast 5: 00A"L Thursday through S:00AM Friday Falcon Cable Channel 35 - rebroadcast Friday evening 7-7 INDEX TO MINUTES February 20, 1996 Regular Meeting of Board of County Commissioners ADDITIONS TO THE AGENDA/EMERGENCY ITEMS . . . . . . . . . . . . . 1 presentation from the Vero Beach Boat Club. . . . . 1 arbitration on the Courthouse regarding the mahogany paneling . . . . . . . . . . . . . . . . . . . . . . . . 1 deletion of Item 11-A . . . . . . . . . . . . . . . . . . . . 1 PROCLAMATIONSIPRESENTATIONS . . . . . . . . . . . . . . . . . . . 1 CONSENT AGENDA . . . . . . . . . . . . . . . . . . . . . . . . . 3 A. Resignation from Affordable Housing Advisory Committee . 3 B. Appointment to Economic Development Council . . . . . . 3 C. Preliminary PD Plan Approval Extension - Glendale Oaks Planned Development . . . . . . . . . . . . . . . . . . 4 D. Resolution Authorizing County Administrator to Execute Utility Impact Fee Extension Agreements . . . . . . 5 E. Award Bid #6035 - Vero Lake Estates Water Main - Driveways, Inc . . . . . . . . . . . . . . . . . . 7 F. Sebastian Water Expansion Plan, Phase I - Resolution Establishing Intent to Reimburse Certain Expenditures from the Proceeds of Future Bond Issues . . . . 8 G. Sebastian Water Expansion Plan, Phase II - Resolution Establishing Intent to Reimburse Certain Expenditures from the Proceeds of Future Bond Issues . . . . 11 H. Sebastian Water Expansion Plan, Phase III - Resolution Establishing Intent to Reimburse Certain Expenditures from the Proceeds of Future Bond Issues . . . . . . . 14 PUBLIC HEARING - REQUEST,FOR CONCEPTUAL PD SPECIAL EXCEPTION USE APPROVAL - KYLE'S RUN . . . . . . . . . . . . . . . . . . . 17 PUBLIC HEARING - BEAZER HOMES' REQUEST FOR CONCEPTUAL PLANNED DEVELOPMENT SPECIAL EXCEPTION USE . . . . . . . . . . . . 24 FIBER OPTIC CABLE LINK . . . . . . . . . . . . . . . . . . . . . 24 SANDRIDGE GOLF COURSE MAINTENANCE - RFP . . . . . . . . . . . . . 25 FIRE HYDRANTS . . . . . . . . . . . . . . . . . . . . . . . . . . 26 ARMY CORPS OF ENGINEERS CONSENT TO EASEMENT FOR COUNTY OPERATION OF BOAT CLUB ISLAND (IR25 SPOIL ISLAND) . . . . . . . . . . . . 27 37TH STREET IMPROVEMENTS - AMENDMENT NO. 4 - FINAL PAYMENT AND RELEASE OF RETAINAGE - KIMLEY-HORN . . . . . . . . . . . . . 28 58TH AVE. R/W ACQUISITION - PARCEL #126 - CANTIN . . . . . . . . 29 WETLANDS PROJECT AT WEST REGIONAL WASTEWATER TREATMENT PLANT - TRANSITIONAL CARETAKER . . . . . . . . . . . . . . . . . . . 30 $45 -MILLION WATER AND SEWER BOND RESOLUTION . . . . . . . . . . . 31 CUMMINGS/SARAVENTURES ARBITRATION . . . . . . . . . . . . . . . . 53 PUBLIC HEARING - BEAZER HOMES' REQUEST FOR CONCEPTUAL PD SPECIAL EXCEPTION USE AND PRELIMINARY PLAN APPROVAL - ISLAND CLUB S/D . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 EMERGENCY SERVICES DISTRICT . . . . . . . . . . . . . . . . . . . 71 SOLID WASTE DISPOSAL DISTRICT . . . . . . . . . . . . . . . . . . 71 ENVIRONMENTAL CONTROL BOARD . . . . . . . . . . . . . . . . . . . 72 Tuesday, February 20, 1996 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, February 20, 1996, at 9:00 a.m. Present were Fran B. Adams, Chairman; Carolyn K. Eggert, Vice Chairman; Richard N. Bird; Kenneth R. Macht; and John W. Tippin. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and Commissioner Bird led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Adams requested the addition of a presentation from the Vero Beach Boat Club. Attorney Vitunac requested the addition of arbitration on the Courthouse regarding the mahogany paneling. Attorney Vitunac requested the deletion of Item 11-A, advising that the matter has been resolved. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board -unanimously approved the above additions and deletion to today's Agenda. PROCLAMATIONS/PRESENTATIONS Previous to the presentation, Commissioner Bird wished to report that the Parks & Recreation Committee has recommended taking over the maintenance and operation of Boat Island which includes dock facilities, picnic facilities, a barbecue, and a portable toilet. Knox Robins, Commodore of the Vero Beach Boat Club, read aloud the following letter and presented a check in the amount of $1000 to the Board of County Commissioners to facilitate the initial __cleanup and repairs needed on the property: 1 800K U I F"v;C 22 FEBRUARY 20, 1996 D� BOOK 9�y_ / PAGE a� UOa Beack Road C" 1 P.O. BOX 650183 VERO BEACH FL 32965 i4 February 20, 1996 The Board of County Commissioners 1840 25th Street Vero Beach, Florida 32960 Honorable Commissioners: Six months ago the membership of the Vero Beach Boat Club reluctantly but unanimously came to the realization that we could no longer maintain the stewardship of Boat Island as we had for the past forty-five years. Our- quest to find a responsible entity who would enthusiastically accept this responsibility involved several local organizations, among which were the Environmental Learning Center, the Florida Intercoastal Navigation District, your Board, and the State of Florida. In as much as the State of Florida is willing to allow the County to accept this responsibility, it is my honor on behalf of the members of the Vero Beach Boat Club to transfer this day our stewardship of Boat Club Island to Indian River County. Attached is our check for one thousand dollars to facilitate the original clean up and repairs needed on the property. In view of the past contributions given and hard work performed by our membership we would remind the Commissioners of our three requests to the County: 1. The Club be allowed to hold its customary monthly meetings on the third Sunday of every month at the Island in perpetuity. 2. A Plaque or sign be displayed recognizing the club's past activities on the Island. 3. The Island retain the name "Boat Club Island." we wish to thank all who.have given of their time, enthusiasm and support, which has made this transfer possible. Sincerely: The Membership of the Vero Beach Boat Club /4y J Knox Robins Commodore 2 FEBRUARY 20, 1996 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously accepted stewardship of Boat Club Island and a $1000 contribution to facilitate the initial cleanup and needed repairs. The Board expressed their appreciation for everything the Vero Beach Boat Club has done over the years to improve Boat Club Island, and Commodore Robins asked those members present to stand and be recognized. CONSENT AGENDA A. Resignation from Affordable Housing Advisory Committee TO: FROM: DATE: SUBJECT: Margaret Gunter Reta Smith February 12, 1996 Agenda Item for Tuesday, February 20, 1996 On the Consent Agenda, please list the following: Acceptance of the resignation of Mr. Tim Zorc from the Affordable Housing Advisory Committee Thanks. ON MOTION by Commissioner Commissioner Bird, the Board the resignation of Tim Zorc Housing Advisory Committee. Eggert, SECONDED by unanimously accepted from the Affordable B. Appointment to Economic Development Council The Board reviewed the following memo dated 2/13,J96: To: Board of County Commissioners From: ' Carolyn K. Eggert, County Commissioner Chairman, Economic Development Council Date: February 13, 1996 Re: Appointment to Economic Development Council As happens from time to time, a member of the Economic Development Council, Jon Bates representing the tourist industry,. has been unable to attend meetings. Please replace him with Bruce Callahan. .His resume is attached. Mr. Callahan is a member of the Chamber of Commerce Tourist Division Committee. _ Recommendation: Approve the appointment of Bruce Callahan to the Economic Development Council. FEBRUARY 20, 1996 3 �y s BOOK p F":�E V� °� 6 BOOK / Ptq11F ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously appointed Bruce Callahan to the Economic Development Council. C. Preliminary PD Plan Approval Extension - Glendale Oaks Planned Development . The Board reviewed the following memo dated 2/12/96: TO: James E. Chandler. County Administrator DI ION HEAD CONCURRENCE: i er M. Re ting, AIC Community Development Di ctor THROUGH: Stan Bolin1415 g, AICP Planning Director /,,�)Ok FROM: John W. McCoy, AZrent Senior Planner, Development DATE: February 12, 1996 SUBJECT: Mr. Charles Sullivan's Request for Preliminary PD Plan Approval Extension for the Glendale Oaks Planned Development It is requested that the data herein presented be given formal condideration by the Board of County Commissioners at its regular meeting of February 20, 1996. DESCRIPTION AND CONDITIONS: On March *24, 1994, the Planning and Zoning Commission granted preliminary PD plan approval to construct a 134 unit single family planned development at the northeast corner of 8th Street and 90th Avenue. Preliminary PD plan approval was granted by the Planning and Zoning Commission subject to approval of the planned development special exception use request by the Board of County Commissioners. The Board of County Commissioners subsequently granted special exception use approval for the planned development on April 26, 1994. Therefore, the effective approval date of the Preliminary PD plan is April 26, 1994. Preliminary PD plan Approval is valid for a period of 18 months, making the expiration date October 26, 1995. Prior to the October 26, 1995 expiration date, the applicant requested an 18 month extension of the preliminary PD plan approval. A one time 18 month extension can be granted by the Board of County Commissioners. Since the applicant's request was submitted prior to the October 26, 1995 expiration date, the Board of County Commissioners may act upon the request. If.approved by the Board of County Commissioners, the new expiration date would be April 26, 1997. The applicant has cited financial reasons for the request (sea at;,acluuent 4 FEBRUARY 20, 1996 ANALYSIS: Staff has- reviewed the applicant's re agencies have approved the extension request. The preliminary uestp and all iPD plan substantially conforms to the current LDRs. RECOMMENDATION: Based on the above analysis, staff recommends. that the Board of County Commissioners grant the applicant's request for an 18 month. extension. The new expiration date for the preliminary PD plan will be April 26, 1997. The extension approval is subject to all original conditions of approval and applicable concurrency requirements. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously granted an 18 -month extension for the preliminary PD plan, with the new expiration date of April 26, 1997. D. Resolution Authorizing County Administrator to Execute Utility Impact Fee Extension Agreements The Board reviewed the following memo dated 2/7/96: TO: Board of �Co(u'n'(ty� Commissioners FROM: Charles P. Vitunac, Coun y Attorney DATE: February 7, 1996 RE: Utility Services Department - impact Pees - Forms for Provisions for Extended Payment over Time The County allows customers of its utilities system to extend the cost of their water and sewer impact fees over time with interest, and the execution of associated forms is an on-going, time- consuming process. The attached resolution authorizes the County Administrator, or his designee, to sign these forms on behalf of Board of County Commissioners. Requested Action: Request the Board adopt the resolution which authorizes the County Administrator to sign on its behalf. 3 2 6 FEBRUARY 20, 1996 BGUX 9 7 PAGE 3? ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 96-26, authorizing the County Administrator to execute certain water and sewer impact fee documents on behalf of the Board. RESOLUTION NO. 96- 26 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE CERTAIN WATER AND SEWER IMPACT FEE DOCUMENTS ON BEHALF OF THE BOARD. WHEREAS, the County provides its utilities customers with financing to pay for water and sewer impact fees and has prepared an agreement and note which is executed by the customer and the County and then recorded; and WHEREAS, this is an on-going, time-consuming, daily process; and WHEREAS, occasionally the utilities customer obtains new financing or refinances the existing first mortgage and the County is requested to execute a subordination; and WHEREAS, after the customer repays the utilities debt, the County executes a satisfaction and records it on the public records; and WHEREAS, it would be beneficial to streamline this process by having the Board authorize the County Administrator, or his designee, to sign these impact fee extension agreements, subordinations, and satisfactions on behalf of the Board; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board hereby authorizes the County Administrator, or his designee, to sign all agreements, subordinations, and satisfactions for the extended payment of water and sewer impact fees provided that the forms contain the signatures of the County Attorney and a representative of the Utility Services Department. The resolution was moved for adoption by Commissioner Eqqert and the motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 20 day of February, 1996. tte •� (� fr y K. Bar n, Cler V FEBRUARY 20, 1996 BOARD OF COUNTY COMMISSIONERS IN,D�IAANN RIVER COUNTY, FLORIDA Fran B. Adams Chairman M E. Award Bid #6035 - Vero Lake Estates Water Main - Driveways, Inc. The Board reviewed the following memo dated 2/12/96: DATE: February 12, 1996 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director General Services FROM: Fran Boynton Powell, Purchasing Manager SUBJ: Award Bid #6035/Vero Lake Estates Water Main Utilities Department BACKGROUND INFORMATION: Bid Opening Date: Advertising Dates: Advertisement Mailed to: Replies: Statement of "No Bids" VENDOR Driveways, Inc Titusville, FL Speegle Construction Melbourne, FL JoBear, Inc Palm Bay, FL TOTAL AMOUNT OF BID December 13, 1995 Nov 22, 29, Dec 6, 1995 Twenty Six (26) Vendors Three (3) Vendors -0- BID TOTAL $647,605.88 $721,790.75 $818,286.39 $647,605.88 SOURCE OF FUNDS Utilities Assessment Fund 473-000-169-217.00 ESTIMATED BUDGET RECOMMENDATION $6780849.54 Staff recommends that the bid be awarded to Drivewaps_inc as the lowest, most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. In addition, staff requests Board approval of the attached Agreement as to form, when all requirements are met and approved by the County Attorney. 7 FEBRUARY 20, 1996 600K M 9�� r, 9 i BocK 97 ASE 3°�9 1 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously awarded Bid #6035 to Driveways, Inc. in the amount of $647,605.88, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD F. Sebastian Water Expansion Plan, Phase I - Resolution Establishing Intent to Reimburse Certain Expenditures from the Proceeds of Future Bond Issues The Board reviewed the -following memo dated 2/14/96: DATE: FEBRUARY 14, 1996 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILI ERVICES PREPARED HARRY E. ASHER AND STAFFED ASSISTANT DIRECTOR OF UTILITY SERVICES BY: SUBJECT: SEBASTIAN WATER EXPANSION PLAN, PHASE I BACKGROUND AND ANALYSIS Attached is a resolution, which is a requirement in order to be able to reimburse for funds expended to construct the Sebastian Water Expansion Plan, Phase I project. RECOMMENDATION The staff of the Department of Utility Services recommends approval of the attached resolution. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 96-27, establishing intent to reimburse certain expenditures from the proceeds of -future bond issues, and providing an effective date. 8 FEBRUARY 20, 1996 - - RESOLUTION NO. 96- " A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN EXPENDITURES IN CONNECTION WITH THE CITY OF SEBASTIAN WATER EXPANSION PLAN, PHASE I PROJECT FROM THE PROCEEDS OF FUTURE BOND ISSUES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Indian River County, Florida (the County) expects to make certain expenditures in connection with the City of Sebastian Water Expansion Plan, Phase I Project of the County; and WHEREAS, the County intends to reimburse itself for said expenditures from the proceeds of future bond issues; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County expects to make certain expenditures in connection with the City of Sebastian Water Expansion Plan, Phase I Project of the County (the Project.) The County intends to finance said expenditures by the issuance of one or more future bond issues. Some or all of said expenditures are expected to be paid prior to the issuance of said future bond issues. Therefore, said expenditures will be paid from the Utility Operating Fund, the Utility Impact Fee Fund, and the Utility Special Assessment Project Fund of the County. The County intends to reimburse said funds for said expenditures out of the proceeds of said future bond issues expected to be used for said reimbursement is ,52, 900, 000.00. SA44 ---44 t,—, -es include, without limitation expenditures for the acquisition, construction, furnishing and equipping the Project; for reports, studies, and projections in connection with the Project; and for other items directly related to the Project. 9 FEBRUARY 20, 1996 BOCK 97 4, BOOK 97 RESOLUTION NO. 96- 2,7 2. This resolution shall constitute a "Declaration of Offical Intent" within the meaning of Section 1.103-18 of the federal income tax regulations. 3. The Clerk of the Board of County Commissioners is hereby directed to make a copy of this resolution available for public inspection during regular business hours of the Office of the Clerk in the County Administration Building, beginning no later than 30 days following the adoption of this resolution and to keep the same available for public inspection at such place and during such hours until the date upon which the bond issues herein mentioned are issued and delivered by the County. This resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Bird , and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman, Carolyn Eggert Aye Commissioner Richard N. Bird Aye Commissioner John Tippin Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 20 day of February, 1996. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Jar K, B ton, Clerk Fran B. Adams, hairman 10 FEBRUARY 20, 1996 � � s G. Sebastian Water Expansion Plan, Phase H - Resolution Establishing Intent to Reimburse Certain Expenditures from the Proceeds of Future Bond Issues The Board reviewed the following memo dated 2/14/96: DATE: FEBRUARY 14, 1996 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES PREPARED HARRY E. ASH AND STAFFED ASSISTANT ,_ RECTOR OF UTILITY SERVICES BY: SUBJECT: SEBASTIAN WATER EXPANSION PLAN, PHASE II BACKGROUND AND ANALYSIS Attached is a resolution, which is a requirement in order to be able to reimburse for funds expended to construct the Sebastian Water Expansion Plan, Phase II project. The staff of the Department of Utility Services recommends approval of the attached resolution. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 96-28, establishing intent to reimburse certain expenditures from the proceeds of future bond issues and providing an effective date. 11 FEBRUARY 20, 1996 goof 9 l P, ' � ' a- P� 6-p BOOK Fi,UC y, o3 RESOLUTION NO. 96- 28 -A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF -INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN EXPENDITURES IN CONNECTION WITH THE CITY OF SEBASTIAN WATER EXPANSION PLAN, PHASE II PROJECT FROM THE PROCEEDS OF FUTURE BOND ISSUES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Indian River County, Florida (the County) expects to make certain expenditures in connection with the City of Sebastian Water Expansion Plan, Phase II Project of the County; and WHEREAS, the County intends to reimburse itself for said expenditures from the proceeds of future bond issues; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County expects to make certain expenditures in connection with the City of Sebastian Water Expansion Plan, Phase II Project of the County (the Project.) The County intends to finance said expenditures by the issuance of one or more future bond issues. Some or all of said expenditures are expected to be paid prior to the issuance of said future bond issues. Therefore, said expenditures will be paid from the Utility Operating Fund, the Utility Impact Fee Fund, and the Utility Special Assessment Project Fund of the County. The County intends to reimburse said funds for said expenditures out of the proceeds of said future bond issues.expected to be used for said reimbursement is $2,900,000.00. Said expenditures include, without limitation expenditures for the acquisition, construction, furnishing and equipping the Project; for. reports, studies, and projections in connection with the Project; and for other items directly related to the Project. FEBRUARY 20, 1996 M 12 M M 2. 3. RESOLUTION NO. 961-28 This resolution shall constitute a "Declaration of Offical Intent" within the meaning of Section 1.103-18 of the federal income tax regulations. The Clerk of the Board of County Commissioners is hereby directed to make a copy of this resolution available for public inspection during regular business hours of the Office of the Clerk in the County Administration Building, beginning no later than 30 days following the adoption of this resolution and to keep the same available for public inspection at such place and during such hours until the date upon which the bond issues herein mentioned are issued and delivered by the County. This resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Bird , and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman, Carolyn Eggert Aye. Commissioner Richard N. Bird Aye Commissioner John Pippin Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 20 day of February 1996. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Bon,,Clerk Fran B. Adams, Chairman D.L.. tncLr4co.Approved Date AdmLegBuUtili Risk Mgr. I 13 BOOK 9 7 FACE c� FEBRUARY 20, 1996 BOOK �'A F. Sebastian Water Expansion Plan, Phase III - Resolution Establishing Intent to Reimburse Certain Expenditures from the Proceeds of Future Bond Issues The Board reviewed the following memo dated 2/14/96: DATE: FEBRUARY 14, 1996 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE.G. PINTO DIRECTOR -OF UTILI ES PREPARED HARRY E. ASH. AND STAFFED ASSISTANT D CTOR OF UTILITY SERVICES BY: SUBJECT: SEBASTIAN WATER EXPANSION PLAN, PHASE III BACKGROUND AND ANALYSIS Attached is a resolution, which is a requirement in order to be able to reimburse for funds expended to construct the Sebastian Water Expansion Plan, Phase III project. RECOMMENDATION The staff of the Department of Utility Services recommends approval of the attached resolution. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 96-29, establishing intent to reimburse certain expenditures form the proceeds of future bond issues, and providing an effective date. 14 FEBRUARY 20, 1996 RESOLUTION NO. 96- 29 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN EXPENDITURES IN CONNECTION WITH THE CITY OF SEBASTIAN WATER EXPANSION- PLAN, PHASE III PROJECT FROM THE PROCEEDS OF FUTURE BOND ISSUES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Indian River County, Florida (the County) expects to make certain expenditures in connection with the City of Sebastian Water Expansion Plan, Phase III Project of the County; and WHEREAS, the County intends to reimburse itself for said expenditures from the proceeds of future bond issues; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County expects to make certain expenditures in connection with the City of Sebastian Water Expansion Plan, Phase III Project of the County (the Project.) The County intends to finance said expenditures by the issuance of one or more future bond issues. Some or all of said expenditures are expected to be -paid prior to the issuance of said future bond issues. Therefore, said expenditures will be paid from the Utility Operating Fund, the Utility Impact Fee Fund, and the Utility Special Assessment Project Fund of -the County. The County intends to reimburse said funds for said expenditures out of the proceeds of said future bond issues expected to be used for said reimbursement is $2,900,000.00. Said expenditures include, without limitation expenditures for the acquisition, construction, furnishing and equipping the Project; for reports, studies, and projections in connection with the Project; and for other items directly related to the Project. 15 FEBRUARY 20, 1996 BOOK r• BOOK 97 i- -E337 RESOLUTION NO. 96- 29 2. This resolution shall constitute a "Declaration of Offical Intent" within the meaning of Section 1.103-18 of -the federal income tax regulations. 3. The Clerk of the Board of County Commissioners is hereby directed to make a copy of this resolution available for public inspection during regular business hours of the Office of the Clerk in the County Administration Building, beginning no later than 30 days following the adoption of this resolution and to keep the same available for public inspection at such place and during such hours until the date upon which the bond issues herein mentioned are issued and delivered by the County. This resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Bird , and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman, Carolyn Eggert Aye Commissioner Richard N. Bird Aye Commissioner John Tippin Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 20 1 day of February, 1996. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: J �K-. B n, Cl ke 16 FEBRUARY 20, 1996 tsqaIVA� G, dalalo Fran B. Adams, Chairman Indian River Cal Approved 00)e Adrrmin. / Legal `3udgo. 94 — utilitics Sick P1,,,. PUBLIC HEARING - REQUEST FOR CONCEPTUAL PD SPECIAL EXCEPTION USE APPROVAL - KYLE'S RUN 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 �� I. 0 lished in said newspaper in the in the matter of d v GL' !f _ in the . Court, was pub• Issues of "^ Z Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County. Florida, and that the said newspaper has heretofore been continuously published In said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach. in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. aH, a or•q• •+ ►••PrCttsubscribed bre this % • day of A.D. 19 ` uy COm!n. •• In BARBARA C. SPRAGUF. NOTARY Ph rgI hC. ( in Manager) : MICS • State, of Florida. My Commmsx n E.xo Jurre 29. 1997 • Jp 9.1997 • .: Qitm No to . CL:3(k157y • • EA .Fl.�¢.: Notary: BARBARA r SPRAGr 1E 'Nr•wwN.. �. 12 = >i RM -10 1u�r 1> 1 3 ! . 4c2! - m : Subject l 'Site ' NOTICE OF FUBUC IfJ1M cill ax rwz OR" for a d�erel mead to bs iapwn as K*'s Fhn rarelapment e+bket ProPah b is bm ty the Page OM Sdmaiht MIX" is it located at 800 86a arm In Township oboe map 33 and Reaps 39. A putrfc hoarigmve at nddtdh parses In.arrtaraM red dttserm steel tan apparb * to to Mead, YA be held by the Board of Counri CAm vdmftm of � � Cauos oof fF � the n A*WftMWcn� ft bated at 1840 25th Street, veno Beech. Fbr- Ida rah Tua ft February 20.1998 at 9:05 a.m AF"W . vdho may wish to appeal any dedeigrh which may be made at ihb "e�°u'➢g wi roes to aah• nae 10 a verbatim record Of the I _ P i dYgs b MOO. which ahckdn mstl irony end @vidshce upon which tMb based. ANYONE WHO NEEDS A SPEGIAL ACCOMODA. TION FOR THUS MEETM MUST CONTACT THE COUNTY'S_ AMERICANS WITH DISABLmES ACT PADA) COORDINATOR AT W400 x223 AT r EnsT 48 HOURS IN ADVANCE OF THE MEET. ROM RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY --Fast B. Adam. Ch*!ren Jen. 28.1998 1272894 The Board reviewed the following memo dated 2/9/96 17 FEBRUARY 20, 1996 BOOK 97 an Boa7 �1ac . , 391 INDIAN RIVER COUNTY, FLORIDA M E M O R A N D U M TO: James E. Chandler , County Administrator DIjY TN HEAD CONCURRENCE: ......�+.. ra. "W"%.iasy, -n 9.r Community Development Dire(69r THROUGH: Stan Boling AICP Planning Director FROM: John W. McCoy, AICP Senior Planner, Current Development DATE: February 9, 1996 SUBJECT: CCA Holdings Ltd.'s Request for Conceptual Planned Development Plan (PD) Special Exception Use Approval for -a Multi -Family Residential Apartment Complex to be Known as Kyle's Run It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 20, 1996. DESCRIPTION & CONDITIONS: B.S.E. Consultants Inc. has submitted an application for conceptual planned development plan special exception use approval on behalf of the CCA Holdings Ltd. for the Kyle's Run project, a proposed 200 unit multi -family development. The proposed development will include 17 apartment buildings, 1 maintenance building, 1 clubhouse, and a mail building. The subject site is located at 500 8th Street, on the north side of 8th Street between Indian River Boulevard and 6th Avenue (see attachment #2). The proposed project is to be constructed as a single phase. The developer has applied for an affordable housing density bonus, which is available through the PD approval process. The method of qualifying for and obtaining the affordable housing bonus is discussed in the analysis portion of this report. •PD Project Process As a PD project, this proposal is subject to the following review and approval process: Approval Needed Reviewing Body 1. Conceptual Plan/Special Exception PZC & BCC 2. Preliminary PD Plan PZC 3. Land Development Permits or Waiver Staff 4. Final PD Plat BCC 18 FEBRUARY 20, 1996 The applicant is now requesting approval of the first two steps. If this request is approved by the Board of County Commissioners, the applicant will then need to obtain a land -development permit for the required PD infrastructure improvements. *Planning and Zoning Commission Recommendation At its meeting of January -25, 1996, the Planning and Zoning Commission recommended unanimously (6-0) to approve the preliminary PD plan subject to Board of County Commissioners approval of the special exception use, and recommended that the Board approve the special exception use request with the conditions outlined at the end of this report. *Board of County Commissioners Consideration The Board is now to consider the application and approve, approve with conditions, or deny the special exception use request. If the request is approved by the Board, the preliminary PD plan approval conditionally granted by the Planning and Zoning Commission at its January 25th meeting will automatically become effective. ANALYSIS: 1. Size of Development: 16.54 acres or 720,482 sq. ft. Net Size After Right - of -Way Dedication: 16.19 acres or 705,236 sq. ft. 2. Zoning Classification: RM -10, Residential Multi -Family (up to 10 units/acre) 3. Land Use Designation: M-2, Medium Density 2 (up to 10- units/acre) 4. Number of Units: 200 units S. Density: The applicant is proposing a 20% density increase in the project's normally allowed maximum density, using the affordable housing density bonus available through the PD process. The property also has density credit available to it from 1.46 acres of property dedicated (donated) to Indian River County in 1986 for Indian River Boulevard and 8th Street right-of-way. Both the affordable housing and right-of-way donation density bonuses are provided for in the LDRs. The total number of units allowed on the property is as follows: 16.54 X 10 units/acre* = 165.4 units 165.4 units X .2 = 33.08 affordable housing density bonus units 1.46 acres of right-of-way X 10 units/acre* = 14.6 units for 1986 right-of-way dedication (donation) 165.4 + 33.08 + 14.6 = 213.08 units allowed 200.00 units proposed Allowable Density = 12.88 units per acre Proposed Density = 12.09 units per acre *Based on RM -10 zoning of the site Pursuant to section 911.14(4) (zoning chapter) of the county's land development regulations (see attachment #4), the applicant has requested an affordable housing density bonus. _ The applicant is providing affordable housing through the Low - Income Housing Tax Credit Program administered by the Florida FEBRUARY 20, 1996 19 BOOK 9 7 r,{GF 340 BOOK 9 7 F'A �c 3 41 Housing Finance Agency (FHFA). Under that program, the applicant is required to keep all of the units as affordable for a 15 year period. The tax credit program's definition'of affordable is consistent with the county's definition of" affordable. For rental projects, affordable is defined in the county's LDRs as'a project having a monthly rental equal to .083 times 20% of the non -adjusted annual median family income for Indian River County as established by the FHFA (approximately $625/month). Satisfaction of the tax credit program requirements will satisfy county affordable housing density bonus requirements. Based on the proposed PD and the proposed program participation, staff has determined that the applicant meets county requirements for a 20% density bonus. To ensure that these requirements will be met, the applicant will need to provide the county with a letter from the state or federal agency responsible for funding and monitoring the project. In addition, the applicant will need to record a restrictive deed covenant in the public records. The covenant will specify the terms of the affordable housing approval, and will place any prospective buyer of the project on notice as to the terms of approval. 6. New Impervious Area: 357,656 sq. ft. or 50.7% of the site 7. Open Space: Required: 30.0% Provided: 49.3% 8. 'Recreational Area: Required: 104,544 sq. ft. Provided: 111,332 sq. ft. Proposed recreation area includes a clubhouse, swimming pool, playground, volleyball area, and walking paths. 9. Off -Street Parking: 2 spaces per unit Required: 400 spaces Provided: 406 spaces 10. Utilities: The proposed development will be serviced by County Department of Utility Services for both water and wastewater services. Connection to these services has been approved by both the County Department of Utility Services and Environmental Health Department. 11. Traffic: The project will be accessed from a proposed new driveway on the north side of 8th Street. This proposed driveway is directly across 8th Street from the existing driveway for the Citrus Woods Apartments. Since 8th Street is presently 3 laned, there is an existing left turn lane for the project. The county traffic engineering division has reviewed and approved the traffic impact analysis submitted with this application. The approved analysis indicates that there are no traffic related off-site improvements that need to be constructed. Therefore, the proposed design has been approved by traffic engineering. Within the project, an internal road is proposed that will loop through the site to provide access to various parking areas that serve apartment buildings. The internal access road will stub -out to the southwest portion of the site where an emergency access point to 6th Avenue will be located. The emergency access point will consist of a stabilized, driveable accessway that will be -constructed and controlled in a manner 20 FEBRUARY 20, 1996 M M M acceptable to the Public Works and Emergency Management departments. Prior to issuance of an LDP (land development permit)'or LDP waiver, public works and emergency services must approve the final design of the emergency access improvement. The traffic engineer has reviewed and approved the on-site traffic circulation plan. 12. Stormwater Management: The public works department has reviewed and approved the stormwater management plan. The applicant must obtain a Type "B" stormwater management permit prior to site plan release. Prior to obtaining an LDP, the applicant must obtain a cut and fill waiver for filling within the floodplain, which is a requirement for obtaining the Type "B" stormwater management permit. Staff anticipates that such a waiver, which must be granted by the Board of County Commissioners, will be granted for this project. In addition, the Type "B" permit will require that all structures within the flood plain be set J' above the FEMA minimum elevation for the site. 13. Concurrency: Long -Range Planning staff has indicated that a conditional concurrency certificate will be issued for the project prior to the Planning and Zoning Commission's consideration of this item. Thus, all concurrency requirements related to preliminary PD plan approval have been satisfied. 14. Dedications & Improvements: Indian River Boulevard, 6th Avenue and 8th Street are all on the county's Thoroughfare Plan map. Both 6th Avenue and 8th Street are classified *as collector roads which require 80' of right-of-way. Presently, 80' of right-of-way exists for each street; therefore, no additional right-of-way is required for 6th Avenue or 8th Street. Indian River Boulevard is classified as an arterial road for which the Public Works Director indicates 200' of right-of-way is required. Presently, there is 150' of right-of-way that exists for Indian River Boulevard. For that reason, an additional 25' of right-of-way will need to come from this site to make-up its share of -the 2001. The applicant has agreed to dedicate 25' of Indian River Boulevard right-of-way along the site's eastern boundary. The compensation for this dedication is density credit for the right-of-way area. This density credit is included in the previously described density figures and is allowed pursuant to LDR section 952.08(1)(e). Note: As required under section 952.08(1)(e),- all site coverage requirements and open space requirements, as previously described in this report, are based on the net parcel size (gross parcel area minus the right-of-way dedication area). All setbacks are based on the net parcel area boundary. The density, however, is based on the gross parcel size, since the applicant is dedicating the right-of- way for density credit. Sidewalks are required along the project's 8th Street and 6th Avenue frontages. The applicant has depicted these sidewalks on the plans and will construct the sidewalks within a pedestrian easement which will be dedicated to the county. These improvements must be constructed prior to issuance of a certificate of occupancy (C.O.) for the project. 15. Environmental Issues: Since the site is over 5 acres, the native upland set-aside provision applies to this project._._ 21 BOOK 9f't1CF v.��4� FEBRUARY 20, 1996 BOOK -343 The environmental planning staff has inspected the site and verified that the site is covered with Brazilian Peppers and that no native upland plant community exists. Therefore, no set-aside requirement applies to this project. The environmental planning staff inspection also revealed that there are no wetlands on the site; therefore, wetland permitting is not an.issue for this project. 16. Surrounding'Zoning and Land Use: North: Village Walk, Waverly Place/RM-10 South: Citrus Woods/RM-10 East: Vacant, Indian River Boulevard/RS-1 West: Day care, single family home, vacant/RM-10, CG 17. Landscaping & Buffering: The landscape plan meets the requirements of Chapter 926, including a 25' setback from all project property lines. To the north of the property is Village Walk and Waverly Place, two multi -family projects which are approved at densities of 8.7 units per acre and 11.87 units per acre, respectively. Because Kyle's Run is proposed at a higher density (12 units per acre), staff is recommending that a 6' wood fence or equivalent be provided along the project's north property line, along with scattered landscaping improvements as shown on the submitted landscape plan (see attachment #5). With such a provision, there would be a 25' setback, scattered landscaping, and a 6' high fence along the site's north property line between Kyle's Run and the Village Walk and Waverly Place developments. On the western portion of the site where Kyle's Run abuts an existing day care use, it is staff's opinion that the 25' setback and scattered landscaping are adequate and that no fence requirement is necessary. However, the Planning and Zoning Commission directed staff to work with the applicant on providing additional landscaping in this area. Staff has been working with the applicant to provide additional landscaping in this area. Based on these .efforts, the applicant has revised the site plan to add landscaping along the western portion of the site. This landscaping will break-up but not totally block the view between the properties. RECOMMENDATION: Based on the analysis, staff recommends that the Board of County Commissioners grant conceptual PD plan special exception use approval with the following conditions: 1. Prior to issuance of an LDP (land development permit) or LDP waiver, the applicant shall obtain approval from public works and emergency management for the final design of the emergency access improvement to 6th Avenue. 2. Prior to or via the final plat, 25' of property along the site's eastern border shall be dedicated for Indian River Boulevard right-of-way. Said dedication shall be compensated by a density credit reflected in the PD plan. 3. Prior to the issuance of a C.O. , the applicant sidewalks along the project's 6th Avenue frontages and establish a pedestrian eas sidewalks, as depicted -on the PD plan. 22 FEBRUARY 20, 1996 shall construct and 8th Street cement for the M M M 4. Prior to the issuance of a C.O., the applicant shall construct a 6' wood fence or equivalent along the project's north property line between the project and the Village Walk and Waverly Place developments. 5. • That in return for the housing density bonus granted, the project shall be allowed a maximum of 200 residential units at project build -out. In addition, the following affordable housing conditions shall apply: a. Prior to the issuance of a land development permit or land development permit waiver for the project, the applicant shall submit to the county a letter from a state or federal agency verifying that the project is committed to a state or federal housing program which satisfies the county's affordable housing requirements for rental units as found in LDR section 911.14(4), and that a state or federal agency will monitor project compliance with affordable housing requirements. b. That prior to issuance of a C.O. for any affordable housing rental units, the developer shall comply with the deed covenant requirements of LDR section 911.14(4)(a)2.f. Planning Director Stan Boling presented staff Is recommendation for approval subject to the five conditions set out in the above memo. Chairman Adams opened the Public Hearing and asked if anyone wished to be heard in this matter. Bruce Barkett, attorney representing the applicant, advised that all the suggestions that staff has made are acceptable. He noted that the project engineer and project manager are here today. to answer any questions the Board may have. There were none. There being no others who wished to be heard, the Chairman closed the Public Hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously granted conceptual PD plan special exception use approval subject to the 5 conditions recommended by staff. �y 23 900K �- Ft��t ��44 FEBRUARY 20, 1996 Ili BOOK 97 FnF .345 PUBLIC HEARING - BEAZER HOMES' REQUEST FOR CONCEPTUAL PLANNED DEVELOPMENT SPECIAL EXCEPTION USE Chairman Adams announced that this public hearing would be held immediately following the departmental matters so that staff may return to their work. FIBER OPTIC CABLE LINK The Board reviewed the following memo dated 2/13/96: DATE: FEBRUARY 13, 1996 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADM NISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTO DEPARTMENT OF GENERALS VI S DOUG WRIGHT, DIRECTOR DEPARTMENT OF EMERGENCY SERVICES SUBJECT: FIBER OPTIC CABLE LINK BACKGROUND: On Tuesday, Dem 19, 1995, the Board approved purchase and installation of a 800 MHZ Radio System for Indian River County. Included in that approval was the purchase and installation of a Fiber Optic cable to link the north and south towers to operate the radio system. In order to maintain a schedule to meet the requirements for the proposed radio system, it is imperative that preliminary work be initiated immediately. Primarily this work should consist O engineering and surveying for installation of the main fiber optic cable run between the north and south towers. At the same time, data from prospective users of this link is required to determine, the number of fibers this cable should contain. In researching the various alternatives for connectivity of the north and south towers, data as to estimated cost in preparation of a line item budget for the fiber optic cable was provided by various contractors associated with this type project. Staff, using all available resources; attempted to provide the most accurate budget possible due to the expense and sophisticated nature of this project. A budget up to $677,545 to install a 24 -fiber cable was submitted and approved by the Board with aline item of $25,500 for surveying engineering. Staff intends to make every effort to obtain a fiber optic system for less than the budgeted amount. Radio and tower equipment has already been ordered for installation of the proposed system. The vendors and installers have informed. us they expect to have the towers and some of the equipment ready for testing in early spring of this year. They indicated the fiber optic cable should be in place at that time to begin testing parts of that system. Cable installation contractors have given us a time schedule of two - three months to complete the specified job. 24 FEBRUARY 20, 1996 — -ANALYSIS: Due to time constraints associated with this project and the len staff 1� of time estimated to complete the fiber optic cable portion of the project, requests authorization to contract directly with Precision Contracting Services, (PCS) to perform the all the work on the fiber optic cable that engineering and surveying services. This company did presently connects the County Jail, Administration Building and new Courthouse. The problems associated with that project were minimal and the work performed was very good. This company also has had extensive experience in fiber optic cable Projects over south Florida. It is staffs opinion PCS has the qualifications and experience needed to make the project a success. RECOMMENDATION: Based on the above staff recommends the Board enter into a contract with PCS to perform all engineering and surveying services for the subject fiber optic cable project at contract price not to exceed $25,500 and authorize the Chairman to execute all associated documents. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved a contract with Precision Contracting Services to perform all engineering and surveying services for the subject fiber optic cable project at a price not to exceed $25,500. CONTRACT _ PLACED ON FILE IN OFFICE OF THE CLERK TO THE BOARD SANDRIDGE GOLF COURSE MAINTENANCE - RFP The Board reviewed the following memo dated 2/14/96: TO: Members of the Board of County Commissioners DATE: February 14, 1996 SUBJECT: SANDRIDGE GOLF COURSE MAINTENANCE _ REQUEST FOR PROPOSAL JA FROM: Joseph A Baird 1 It ' etz H. . D OMB Director � ` � Dir o of ('70if r A".. ce..a,,... DESCRIPTION AND CONDITIONS Staff sent out a Request for Proposal for Sandridge Golf Course Maintenance and received five (5) proposals from interested firms. The five (5) firms that submitted proposals were: I. I.S.S. Golf Services 2. Golf Art 3.. International Golf Management, Inc. 4. Environmental Care, Inc./Golf Management — 5. MDI (Mark Dunning Industries) 25 FEBRUARY 20, 1996 B00X. �� F�crur"A BOOK 97 F'A;t 34 7 A committee composed of the following individuals was formed to review the proposals: L Robert Komarinetz 2. H. T. "Sonny" Dean 3. Joseph A Baird After reviewing the proposals the committee ranked them as follows: I . I.S.S. Golf Services 2. International Golf Management, Inc. 3. Golf Art 4. Environmental Care, Inc./Golf Management 5. MDI (Mark Dunning Industries) RECOMMENDATION The committee requests permission, per Article 40 of the RFP, to negotiate with the two hightest ranking firms, I.S.S. Golf Services and International Golf Management. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously authorized negotiations with the two highest ranking firms, I.S.S. Golf Services and International Golf Management, as recommended by staff. FIRE HYDRANTS The Board reviewed the following memo dated 2/14/96: TO: Members of the Board of County Commissioners DATE: February 14, 1996 SUBJECT: FIRE HYDRANTS FROM: Joseph A. Bair •'� OMB Director \ DESCRIPTION AND CONDITIONS The issue of the Emergency Service District paying for hydrant fees to Utilities was discussed during the 1995/96 budget hearing. It was decided that the fee would remain status quo for the 1995/96 fiscal year and the County would have an independent evaluation of the fee done for the 1996/97 fiscal year. David M. Griffith and Associates, Ltd. (D.M.G.) on behalf of the Florida Counties Foundation does full cost allocation for counties at a reduced cost. D.M.G. has sent Indian River County a proposal to review and evaluate the hydrant rental fees for reasonableness, fairness and equity consistent with industry practices. The cost would be $9,500.00. RECOMMENDATION Staff recommends the Board of Corm!LCommissioners approve D.MG to review and evaluate the hydrant fees. 26 FEBRUARY 20, 1996 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved D.M.G. to review and evaluate fire hydrant fees at a cost of $9,500. ARMY CORPS OF ENGINEERS CONSENT TO EASEMENT FOR COUNTY OPERATION OF BOAT CLUB ISLAND (IR25 SPOIL ISLAND The Board reviewed the following memo dated 2/13/96: TO: James E. Chandler, County Administrator FROM: James W. Davis. P.E.. C ru✓ Public Works Db=to SUBJECT. US Department ofthe Army Corps of Engineers Consent to Easement for County Operation of Boat Club Island (IR25 Spoil Island) REF. LETTER: Bart Wivell. USACOE to Lea Keller dated Feb. 2, 1996 DATE: February 13, 1996 DESCRIPTION AND CONDITIONS On Oct. 17, 1995. the Board authorized staff to investigate entering into an agreement with the State allowing the Parks Division to maintain the picnic facilities on Boat Club Island (IR #25) located in the Indian River just north of Grand Harbor. The volunteer club which developed the island can no longer maintain it, however, the club is willing to donate $1000 for repair of the existing facilities. Staff has received a copy of a Dept. of Army COE Consent to Easement agreement authorizing the County to operate and maintain a public recreational facility on the island. ALTERNATIVES AND ANALYSIS The attached Consent to Easement includes the following conditions 1) County must obtain permission from any owners of the land other than the US Government. The State is only party affected. 2) All improvements and use must be approved by COE, at no cost to COE maintained by County, and shall not conflict with US Government uses. 3) The US Government will have no liability. 4) If and when County terminates use of the island, the County will remove all improvements if requested. 5) County will not remove or disturb historical. archeological, or cultural artifacts or objects. 6) No commercial use is allowed, including permanent moorings. Alternative No. 1 Approve the Consent to Easement and authorize 'rhe Chairman's signature. Alternative No. 2 Deny approval. RECOMMENDATIONS AND FUNDING Staff recommends Alternative No. 1 whereby the Chairman is authorized to approve the Consent to Easement. No funding is applicable at this time. 27 BOOK 9 f FEBRUARY 20, 1996 aooK 7 e 43, ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the Consent to Easement, as recommended by staff. CONSENT TO EASEMENT IS ON FILE IN OFFICE OF THE CLERK TO THE BOARD 37TH STREET UNIPROVEMENTS - AMENDMENT NO. 4 - FINAL PAYMENT AND RELEASE OF RETAINAGE - KIMLEY-HORN The Board reviewed the following memo dated 2/7/96: - TO: - James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Directo FROM: Terry B. Thompson, P.E. - Capital Projects Mana: SUBJECT: Amendment No. 4 Professional Engineering Services 37th Street Improvements DATE: February 7, 1996 DESCRIPTION AND CONDITIONS IGmle�Hom has recently completed the design of improvements on 37th Street from US 1 to Indian River Boulevard. The original Agreement did not include final certification of the completed project as required by the St. Johns River Water Management District and the Florida Department of Transportation. The Florida Department of Transportation required that this certification be performed by the "Engineer of Record", IGmiey-Horn's Project Engineer, who signed and sealed the permit drawings. The attached Amendment No. 4 provides for final certification of the project. The compensation due the Engineer for Amendment No. 4 is $1,760.00. This added to the current contract amount of $35,685.00 results in a revised contract amount of $37,445.00. IGmley-Horn is also requesting final payment and release of retainage in the amount of $3,322.55 for the completed design services. RECOMMENDATIONS AND FUNDING Staff recommends the following actions be taken: 1. Approve Amendment No. 4 in the amount of $1,760.00. 2. Approve partial release of retainage in the amount'of $3322.55. Funding is from Account 309-215-541-033.13. 28 FEBRUARY 20, 1996 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved Amendment No. 4 in the amount of $1,760 and the partial release of retainage in the amount of $3,322.55, as set out in staff's recommendation. AMENDMENT NO. 4 IS ON FILE IN OFFICE OF THE CLERK TO THE BOARD 58TH AVE. R/W ACQUISITION - PARCEL #126 - CANTIN TO: James E. Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Donald G. Finney, SRA County Right -of -Way Agent 8II&TECT: 58th Avenue Right -of -Way Acquisition; Parcel #126, Rivera Estates, Lot I and 2, Block 3, Jean Paul and Pauline Cantin DATE: February 6, 1996 DESCRIPTION AND CONDITIONS Additional right-of-way is required for the retention area for the paving improvement project from SR 60 to 26th Street. The property owners have executed a contract to sell to the county Lot 1 and 2, Block 3, less and excepting the west 25 -feet owned by another party. The contract price is $24,500 for the two lots ($12,250 each) for the 125' x 1401 (17,500 square foot) property. There are no appraisal or attorney fees to be paid by the county. The Addendum stipulates the county pay and be responsible for any and all liens against the subject property including assessment or water impact fees. The County Attorney's staff confirmed through title work that there are none -of the above encumbrances against the subject property as of this date. RECOMMENDATION Title work will be updated at closing to assure that there are no outstanding liens, assessments or impact fees against the subject property through the class;„ -'date. Staff requests the Board of County Commissioners approve the contract and authorize the Chairman to execute the contract, subject to any and all current or future liens, assessments _or impact fees not having to be paid by the county. FUNDING Funding to be from Local Option Sales Tax Account No. 315-214-64a- 066.12. 29 FEBRUARY 20, 1996 8�A 97f%;l;c I BOOK 97 fA,U 351 , ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the Contract for Sale and Purchase with Jean Paul and Pauline Cantin, recommendation. as set out in staff's CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WETLANDS PROTECT AT WEST REGIONAL WASTEWATER TREATMENT PLANT - TRANSITIONAL CARETAKER The Board reviewed the following memo dated 2/8/96: DATE: FEBRUARY 8, 1996 TO: JAMES E. * CHANDLER COUNTY ADMINISTRATOR FROM:- TERRANCE G. PINTO DIRECTOR OF UTIL =ICES PREPARED ROBERT O. WISEMEN, P.E AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: WETLANDS PROJECT AT WEST REGIONAL WWTP SITE TRANSITIONAL CARETAKER INDIAN RIVER COUNTY PROJECT NO. IIS -93 -05 -ED BACICGROUND All construction associated with the wetlands project is complete. Under the construction agreement with the County, Coastal Construction of Brevard, Inc. (contractor) is responsible for the survival of the newly -created wetlands treatment system (WTS) vegetation for 120 days after construction is complete. The plants require special care for the first twelve to eighteen months. The County has received Section 3, Monitoring requirements of the Operations and Maintenance Manual from Ecotech Consultants, Inc. Section 3 of the manual lists all monitoring and test requirements of the FDEP permit. ANALYSIS Plant survival depends on several factors, such as: bacterial Population; formationof algae cells; nutrient concentration of the incoming influent water; transportation of nutrients through each compartment, stabilization of sedimentation of algae and bacterial cells; and changes in the chemistry of the subsurface soil and/or the groundwater. It is, therefore, very crucial that special care be -given to the WTS in the first eighteen months. The DEP permit requires the permittee of the WTS to periodically obtain qualitative and quantitative site data from the effluent discharged and submit it to them for review. 30 FEBRUARY 20, 1996 For a ten-year period after start-up, the County or its wetlands consultant needs to collect nutrient storage data on a seasonal and annual basis to assess the general performance of the WTS. This data will be used by the DEP to monitor compliance with the conditions of the permit. Therefore, the County must contract with a wetlands caretaker who is familiar with the requirements and conditions of t la F✓E.I yciauit. RECOMMENDATION The staff of the Department of Utility Services requests the Board of County Commissioners to evaluate the following two options for selection of a wetlands consultant and authorize the Department of Utility Services to pursue the preferred choice: 1. Negotiate with the firm of Ecotech Consultants, Inc., to manage the wetlands for a minimum of eighteen months and prepare an RFP for-lorig-term management. 2. Advertise a Request 'for Proposal for management of the wetlands for a minimum of eighteen months and prepare an RFP for long-term management. Commissioner Tippin believed that what the Florida Department of Environmental Protection requires us to do out there is ridiculous. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously authorized negotiation with Ecotech Consultants, Inc. to manage the wetlands for a minimum of 18 months and prepare an RFP for long-term management. $45 -MILLION WATER AND SEWER BOND RESOLUTION The Board reviewed the following memo dated 2/16/96: TO: Members of the Board of County Commissioners DATE: February 16, 1996 SUBJECT: $45,000,000 WATERAND SIVE R BUND RESOLUTIONFROM: Charles Vitunac(e_j�'V/Joseph A. B ' d County Attorney OMB Directo Attached is the $45,000,000 Water and Sewer Utility Bond Resolution Series 1996 for the Indian River County Board of County Commissioners approval. 31 r - FEBRUARY 20, 1996 BDOK 9 PAr,� BooK {a,c County Attorney Charles Vitunac advised that Utilities Director Terry Pinto and OMB Director Joe Baird are here if the Board has any questions. Commissioner Tippin understood that we don't have to spend all of the $45 -million, and Attorney Vitunac explained that the amount is up to $45 -million. There is no tax money involved; it is to be paid by revenues of the systems. All the projects listed on Attachment "A" have been approved in the past; this is how they are to be financed. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird,* the Board unanimously adopted Resolution 96-30, providing for the issuance of not exceeding $45,000,000 water and sewer revenue bonds, Series 1996, of the County to be applied to pay the costs of certain projects. 32 FEBRUARY 20, 1996 INDIAN RIVER COUNTY, FLORIDA RESOLUTION NO. 96- 30 A RESOLUTION PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $45,000,000 WATER AND SEWER REVENUE BONDS,- SERIES 1996; OF THE COUNTY TO BE APPLIED TO PAY THE COSTS OF CERTAIN PROJECTS; PROVIDING FOR THE PAYMENT OF THE BONDS FROM THE NET REVENUES OF THE COUNTY'S WATER AND SEWER SYSTEM AND CERTAIN OTHER MONEYS PLEDGED THEREFOR; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted pursuant to Chapter 125, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. Unless otherwise defined herein or the context otherwise requires, the terms defined in Resolution No. 93-80 adopted by the County on April 13, 1993, as supplemented (the "Original Resolution") shall have the same meanings when used herein. "Revenues" shall have the meaning assigned thereto in the . Original Resolution, except that it shall also include the Series 1996 Special Assessment Revenues. . "Series 1996 Projects" shall mean those projects set forth on Exhibit A attached hereto and as authorized in Section 4 hereof. "Series 1996 Special Assessment Revenues" shall mean the special assessments now or hereafter levied by the County in connection with the Series 1996 Projects, and the interest, prepayment charges and penalties received by the County in connection therewith. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared tha.t! (A) The County now owns, operates and maintains the System and will continue to derive revenue from the rates, fees, rentals 33 BOOK 9 7 FEBRUARY 20, 1996 tBOOK PV r •. �� and other charges made and collected for the service of such System, which Revenues and the other revenues pledged pursuant to the provisions of the Original Resolution are not now pledged or encumbered in any manner, except for the payment of the Series 1993 Bonds. (B) The principal of and interest and redemption premium, if any, on the Series 1996 Bonds, the Series 1993 Bonds and all reserve and other payments shall be payable solely from the Pledged. Funds as provided herein and in the Original Resolution. The County shall never be required to levy ad valorem taxes on any real or personal property therein to pay the principal of and interest on the Series •1996 Bonds or to make any other payments provided for herein. The Series 1996 Bonds shall not constitute a lien upon any properties owned by or located within the boundaries of the County. (C) The original Resolution, in Section 17(P) thereof, provides for the issuance of Additional Parity Bonds under the terms, limitations and conditions provided therein. (D) The County has complied with the terms, conditions and restrictions contained in the Original Resolution. The County is, therefore, legally entitled to issue the Series 1996 Bonds as Additional Parity Bonds within the authorization contained in the Original Resolution. (E) The Series 1996 Bonds herein authorized shall be on a parity and rank equally, as to lien on, and source and security for payment from the Pledged Funds and in all other respects, with the Series 1993 Bonds. SECTION 4. AUTHORIZATION OF SERIES 1996 PROJECTS. The acquisition, construction, furnishing and equipping of the Series 1996 Projects, more particularly described on Exhibit A attached hereto, are hereby authorized in accordance with the plans and specifications on file or to be on file with the County, as modified from time to time as deemed necessary or desirable by the County. SECTION 5. RESOLUTION TO CONSTITUTE.CONTRACT. In consider- ation of the acceptance of the Bonds authorized to be issued here- under by those who shall hold the same from time to time, this Resolution shall be deemed to be and shall constitute a contract between the County and such Holders. The covenants and agreements herein set forth to be performed by the County shall be for the equal benefit, protection and security of the legal Holders of any and all of the Bonds, all of which shall be of equal rank and without preference, priority or distinction of any of the Bonds over any other thereof, except as expressly provided therein and herein. SECTION 6. AUTHORIZATION OF SERIES 1996 BONDS. Subject and pursuant to the provisions of the Original Resolution and hereof, obligations of the County to be known as "Water and Sewer Revenue Bonds, Series 1996" (the'"Series 1996 Bonds") are authorized to be 34 FEBRUARY 20, 1996 M M M issued in the aggregate principal $45,000,000. amount of not exceeding SECTION 7. DESCRIPTION OF SERIES 1996 BONDS. The Series 1996 Bonds shall be issued in fully registered form as current interest bonds; shall be dated; shall be numbered; shall be in the denomina- tion of $5,000 each, or integral multiples thereof, or such other denominations as shall be approved by the County in a subsequent resolution prior to the delivery of the Series 1996 Bonds; shall bear interest at such rate or rates not exceeding the maximum rate allowed by Florida law, the actual rate or rates to be determined by the governing body of the County prior to or upon the sale of the respective Series 1996 Bonds; such interest to be payable semiannually at such times as are fixed by resolution of the County and shall mature annually on such date in such years and amounts as will be fixed by resolution of the County prior to or upon the sale of the Series 1996 Bonds; and may be Serial and/or Term Bonds. Each Series 1996 Bond shall bear interest from the interest payment date next preceding the date on which it is authenticated, unless authenticated on an interest payment date, in which case it shall bear interest from such interest payment date, or, unless authenticated prior to the first interest payment date, in which case it shall bear interest from its dated date; provided, however-, that if at the time of authentication payment of any interest which is due and payable has not been made, such Series 1996 Bond shall bear interest from the date to which interest shall have been paid. The principal of and the interest and redemption premium, if any, on the Series 1996 Bonds shall be payable in any coin or currency of the United States of America which on the respective dates of payment thereof is legal tender for the payment of public and private debts. Notwithstanding any other provisions of this section the County may, at its option, prior to the date of issuance of the Series 1996 Bonds, elect to use an immobilization system or pure book -entry system with respect to issuance of the Series 1996 Bonds, provided adequate records will be kept with respect to the ownership of the Series 1996 Bonds issued in book -entry form or the beneficial ownership of bonds issued in the name of a nominee. As long as any Series 1996 Bonds are outstanding in book -entry form the provisions of this Resolution inconsistent therewith shall not be applicable to such Bonds. The details of any alternative system of issuance, as described in this paragraph, shall be set forth in a resolution of the County duly adopted at or prior to the sale of the Series 1996 Bonds. SECTION S. EXECUTION OF SERIES Bonds shall be executed as provided 1996 BONDS. The Series 1996 in the Original Resolution. In case signature shall any officer whose signature or a facsimile of whose such officer appear on any Series before the delivery of 1996 the Bonds shall cease to be Series signature or such facsimile shall 1996 Bonds, such nevertheless be valid and 35 BOOK Q FEBRUARY 20, 1996 I Boos 97 j F3 3 sufficient for all purposes the same as if he has remained in office until such delivery. Any Series 1996 Bond may bear the facsimile signature of or may be signed by such persons who, at the actual time of the execution of the Series 1996 Bond, shall be the proper officers to sign such Series 1996 Bonds although at the date of the Series 1996 Bond such persons may not have been such officers. SECTION 9. AUTHENTICATION OF SERIES 1996 BONDS. Only such of the Series -1996 Bonds as shall have endorsed thereon a certificate of. authentication substantially in the form set forth in the Original Resolution, duly. executed by the Registrar, as authenticating agent, shall be entitled to any benefit or security under the Original Resolution and this Resolution. No Series 1996 Bond shall be valid or obligatory for any purpose unless and until such certificate of authentication shall have been duly executed by the Registrar, and such certificate of the Registrar upon any such Series 1996 Bond shall be conclusive evidence that such Bond has been duly authenticated and delivered under this Resolution. The Registrar's certificate of authentication on any Bond shall be deemed to have been duly executed if signed by an authorized officer of the Registrar, but it shall not be necessary that the same officer sign the certificate of authentication of all of the Series 1996 Bonds that may be issued hereunder at any one time. SECTION 10. EXCHANGE OF SERIES 1996 .BONDS. Any Series 1996 Bonds, upon surrender thereof at the principal corporate trust office of the Registrar, together with an assignment duly executed by the Bondholder or his attorney or legal representative in such form as shall be satisfactory to the Registrar, may, at the option of the Bondholder, be exchanged for an aggregate principal amount of Series 1996 Bonds equal to the principal amount of the Bond or Bonds so surrendered. The Registrar shall make provision for the exchange of Series 1996 Bonds at the principal corporate trust office of the Registrar. SECTION 11. NEGOTIABILITY, REGISTRATION AND TRANSFER OF SERIES 1996 BONDS. The Registrar shall keep books for the regis- tration of and for the registration of transfers of Series 1996 Bonds as provided in the Original Resolution. The transfer of any Series 1996 Bonds may be registered only upon such books and only upon surrender thereof to the Registrar together with an assignment duly executed by the Bondholder or his attorney or legal'represen- tative in such form as shall be satisfactory to the Registrar. Upon any such registration of transfer the County shall execute and the Registrar shall authenticate and deliver in exchange -for such Bond, a new Bond or Bonds registered in the name of the transferee, and in an aggregate principal amount equal to the principal amount of such Bond or Bonds so surrendered. In all cases in which Series 1996 Bonds shall be exchanged, the County shall execute and the Registrar shall authenticate and deliver, at the earliest practicable time, a new Bond -or Bonds in 9M FEBRUARY 20, 1996 M M M accordance with the provisions of the Original Resolution and this Resolution. All Series 1996 Bonds surrendered in any such exchange. or registration of transfer shall forthwith be canceled by the Registrar. The County or the Registrar may make a charge for every such exchange or registration of transfer of Series 1996 Bonds sufficient to reimburse it for any tax or other governmental charge required to be paid with respect to such exchange or registration of transfer, but no other charge shall be made to any Bondholder for the privilege of exchanging or registering the transfer of Series 1996 Bonds under the provisions of this Resolution. SECTION 12. OWNERSHIP OF SERIES 1996 BONDS. The person in whose name any* Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal or redemption price of any such Bond, and the interest on any such Series 1996 Bonds shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond including the premium, if any, and interest thereon to the extent of the sum or sums so paid. SECTION 13. SERIES 1996 BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In case any Bond shall become mutilated, or be destroyed, stolen or lost, the County may in its discretion cause to be executed, and the Registrar shall authenticate and deliver, anew Bond of like date and tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, .and upon the Holder furnishing the County and the Registrar proof of his ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the County and the Registrar may prescribe and paying such expenses as the County and the Registrar may incur. All Series 1996 Bonds so surrendered shall be canceled by the County. If any of the Series 1996Bonds shall have matured or be about to mature,. instead of issuing a substitute Bond, the County may pay the same, upon being indemnified as aforesaid, and if such Bond be lost, stolen or destroyed, without surrender thereof. Any such duplicate Series 1996 Bonds issued pursuant to this Section shall constitute original, additional contractual obli- gations on the part of the County whether or not the lost, stolen or destroyed Series 1996 Bonds be at any time found by anyone, and such duplicate Series 1996 Bonds shall be entitled to equal and proportionate benefits and rights as to lien on and source and security for payment from the funds, as hereinafter pledged, to the same extent as all other Series 1996 Bonds issued hereunder. SECTION 14. PROVISIONS FOR REDEMPTION. The Series 1996 Bonds shall be subject to redemption prior to their maturity, at the option of the County, at such times and in such manner as shall be fixed by resolution of the County prior to or at the time of sale of the Series 1996 Bonds. 37 BOOK 9 FEBRUARY 20, 1996 F,cc:� Boa 97 Fa t �3j9 Notice of such redemption shall be provided in accordance with the provisions of the Original Resolution. When notice of redemption is given, Series 1996 Bonds called for redemption will become due and payable on the redemption date at the redemption price stated in such notice. When a notice of redemption is given and funds sufficient for redemption are deposited with the Registrar, interest on the Series 1996 Bonds to be redeemed will cease to accrue on the date fixed for redemption, such Series 1996 Bonds shall cease to be entitled to any lien, benefit or security under this Resolution and the Holders of such Series 1996 Bonds will have no right in respect thereof except to receive payment of - the redemption price. SECTION 15. FORM OF SERIES 1996 BONDS. The text of the Series 1996 Bonds, together with the certificate of authentication, shall be in substantially the form set forth in the Original Resolution, with such omissions, insertions and variations as may be necessary, desirable, authorized or permitted by this Resolution or by any subsequent resolution adopted prior to the issuance thereof, or as may be necessary to comply with applicable laws, rules and regulations of the United States and of the State in effect upon the issuance thereof. SECTION 16. APPLICATION OF PROVISIONS OF ORIGINAL RESOLUTION. The Series 1996 Bonds, herein authorized, shall for all purposes (except as herein expressly provided) be considered to be Addi- tional Parity Bonds issued under the authority of the Original Resolution, and shall be entitled to all the protection and security provided therein for the Series 1993 Bonds, and shall be - in all respects entitled to the same security, rights and privileges enjoyed by the Series 1993 Bonds. The covenants and pledges contained in the Original Resolution shall be applicable to the Series 1996 Bonds herein authorized in like manner as applicable to the Series 1993 Bonds. The principal of and interest on the Series 1996 Bonds shall be payable from the Sinking Fund established in the Original Resolution on a parity with the Series 1993 Bonds, and payments shall be made into such Sinking Fund by the County in amounts fully sufficient to pay the principal of and interest on the Series 1993 Bonds and the Series 1996 Bonds as such principal and interest become due. All funds and accounts created pursuant to the Original Resolution shall be held by the County in trust for the holders of the Bonds. The Pledged Funds shall immediately be subject to the lien of this pledge without any physical delivery thereof or further act, and the lien of this pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the County. SECTION 17. APPLICATION OF BOND PROCEEDS. The proceeds, including accrued interest received from the sale of -the Series 1996 Bonds shall be applied by the County simultaneously with the delivery of such Series 1996 Bonds to the purchaser thereof, as 38 FEBRUARY 20, 1996 M M M M M follows and as further provided in a supplemental resolution of the County. A. The accrued interest on the Series 1996 Bonds shall be deposited in the Interest Account in the Sinking Fund created pursuant to the Original Resolution and shall be used only for the purpose of paying interest becoming due on the Series 1996 Bonds for which it was so deposited. B. Unless otherwise provided in a supplemental resolution of the County or unless provided for through the purchase of Reserve Account Credit Instrument as set forth in Section 17(B) of the original Resolution, a sum equal to the Reserve Requirement on such Series 1996 Bonds shall be deposited in the Series 1996 Reserve Account established for the Series 1996 Bonds and shall be used only for the purposes provided therefor. C. To the extent not reimbursed therefor by the original purchaser of such Series 1996 Bonds, the County shall pay all costs and expenses in connection with the issuance and sale of the Series 1996 Bonds. D. The balance remaining after making all of the deposits and payments provided for above shall be deposited into the "Series 1996 Construction Fund" which is hereby created and established. The moneys on deposit in the Series 1996 Construction Fund shall be withdrawn, used and applied by the County, as and when necessary, solely for the payment of or reimbursement for the costs of the Series 1996 Projects and purposes incidental thereto; provided, however, no reimbursement shall be made for any cost paid prior to the date of issuance of the Series 1996 Bonds unless such reimbursement would be treated as an expenditure of proceeds of the Series 1996 Bonds on the date of reimbursement under Treasury Regulation 1.150-2 promulgated under the Code. If for any reason any moneys in the Series 1996 Construction Fund are not necessary for or are not applied to the payment of or reimbursement for such costs, then such moneys shall be deposited by the County into the Sinking Fund and used only to pay the principal of, premium, if any, and interest on the Series 1996 Bonds which first becomes due. Anything to the contrary contained herein notwithstanding, the Series 1996 Construction Fund shall be and constitute a trust fund for the purposes provided herein therefor and shall be Pledged Funds. In the event of a default by the County in the payment of principal of or interest on the Bonds, money in the Series 1996 Construction Fund shall be used to remedy such default, but only to the extent that there are no other funds held under the Resolution available for such purpose. Any moneys in the Series 1996 Construction Fund which, in the opinion of the County, acting upon the recommendation of the Consulting Engineers, are not immediately necessary for expenditure, as hereinabove provided, may be invested in Authorized 39 900K 97 f!.rE �� FEBRUARY 20, 1996 BOOK 97 u',F. ,361 Investments matLring at such time or times as will make the proceeds -thereof available when needed. All income derived therefrom shall be deposited into the Series 1996 Rebate Account to the extent required and the excess, if any, into the Series 1996 Construction Fund. All expenditures or disbursements from the Series 1996 Construction Fund shall be made only after such expenditures or. disbursements shall have been approved in writing by the County and,, where -applicable, by .the Consulting Engineers. The date of completion of each phase of each of the Series 1996 Projects shall be determined -by the Consulting Engineers, who will certify such facts in writing to the Board. SECTION 18. SERIES 1996 FONDS AND ACCOUNTS. There is hereby created and established the "Series 1996 Sinking Fund" within the Sinking Fund, the "Series 1996 Bond Amortization Account" within the Bond Amortization Fund, and the "Series 1996 Reserve Account" within the Reserve Account. The Series 1996 Sinking Fund, the Series 1996 Bond Amortization Account, the Series 1996 Reserve Account, and the Series 1996 Rebate Account shall not in any manner affect the parity of the Series 1996 Bonds and the Series 1993 Bonds, and are established solely for the accounting convenience of the County. Revenues and other amounts deposited in the Sinking Fund -for the Series 1996 Bonds shall be held in the Series 1996 Sinking Fund. Revenues and other amounts deposited in the Bond Amortization Fund for the Series 1996. Bonds shall be held in the Series 1996 Bond Amortization Fund. Revenues and other amounts deposited in the Reserve Account for the Series 1996 Bonds shall be held in the Series 1996 Reserve Account. SECTION 19. COVENANTS OF THE COUNTY. The provisions of Section 17 of the Original Resolution shall be deemed applicable to this Resolution and shall apply to the Series 1996 Bonds issued pursuant to this Resolution as though fully restated herein. SECTION 20. AMENDING AND SUPPLEMENTING OF RESOLUTION. The provisions of Section 25 of the Original Resolution shall be deemed applicable to this Resolution and shall apply to the Series 1996 Bonds issued pursuant to this Resolution as though fully restated herein. SECTION 21. DEFEASANCE. The provisions of Section 24 of the Original Resolution shall be deemed applicable to this Resolution and shall apply to the Series 1996 Bonds issued pursuant to this Resolution as though fully restated herein. SECTION 22. TAX COVENANTS. With respect to the Series 1996 Bonds for which the County intends on the date of issuance thereof for the interest thereon to be excluded from gross income for pur- poses of Federal income taxation: (A) The County shall not use or permit the use of any proceeds of the Series 1996 Bonds or any other funds of the County, directly or indirectly, to acquire any securities or obligations, and shall 40 FEBRUARY 20, 1996 � O � not use or permit the use of any amounts received by the County with respect to the Series 1996 Bonds in any manner, and shall not take or permit to be taken any other action or actions, which would cause any Series 1996 Bonds to be an "arbitrage bond" within the meaning of Section 148, or "federally guaranteed" within the meaning of Section 149(b), of the Internal Revenue Code of 1986, as amended (in this Section called the "Code"), or otherwise cause. interest on the Series 1996 Bonds to become subject to Federal income taxation, including the creation of any rebate funds or other funds and/or accounts required in that regard. (B) The County shall at all times do and perform all acts and things permitted by law and this Resolution which are necessary or desirable in order to assure that interest paid on Series 1996 Bonds will be excluded from gross income for purposes of Federal income taxes and shall take no action that would result in such interest not being so excluded. SECTION 23. REBATE. Anything to the contrary notwithstanding contained herein or in the Original Resolution, the County shall at least annually transfer into the "Series 1996 Rebate Account" which is hereby created and established, from funds and accounts created under this Resolution to which income on investments attributable to the Series 1996 Bonds has been deposited, appropriate amounts sufficient to pay to the United States of America all amounts due with respect to the Series 1996 Bonds under the provisions of section 148(f) of the Code. The earnings on the Series 1996 Rebate Account shall be added to and become a part of the Series 1996 Rebate Account. Moneys in the Series 1996 Rebate Account shall be used by the County to pay any rebate liability under section 148(f) of the Code as and when due in accordance with instructions delivered to the County by Bond Counsel from time to time. SECTION 24. PRELIMINARY OFFICIAL STATEMENT. The County Administrator is authorized and directed to cause a Preliminary Official Statement to be prepared and to deem the Preliminary Official Statement final for purposes of Rule 15c2-12 (the "Rule") of the Securities and Exchange Commission, except for "permitted omissions," as defined in such Rule. SECTION 25. CONTINUING DISCLOSURE. The County hereby covenants and agrees that, in order to provide for compliance by the County with the secondary market disclosure requirements of the Rule, that it will comply with and carry out all of the provisions of that certain Continuing Disclosure Certificate in substantially the form attached hereto as Exhibit B, to be executed by the County and dated the: date of issuance and delivery of the Series 1996 Bonds, as it may be amended from time to time in accordance with the terms thereof (the "Continuing Disclosure Certificate"). Notwithstanding any other provision of this resolution or the Original Resolution, failure of the County to comply with such Continuing Disclosure Certificate shall not be considered an event of default; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific 41 600K FEBRUARY 20, 1996 BOOK 97 A;F 363 performance by court order, to cause the County to comply with its obligations under this Section. SECTION 26. SEVERABILITY. If any one or more of the covenants, agreements or provisions of this Resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from. the remaining -covenants, agreements or provisions of this Resolution or of the Series 1996 Bonds issued hereunder. SECTION 27. INCONSISTENT RESOLUTIONS. All prior resolutions of the County inconsistent with the provisions of this Resolution are hereby modified, supplemented and amended to conform with the provisions herein contained. SECTION 28. EFFECTIVE DATE. The provisions of this Reso- lution°shall take effect immediately upon its passage. PASSED AND ADOPTED the 20 day of February—,, 1996. ( SEAL) ATTEST: 6Ct Clerk FA�proved as to orm and legal sufficiency Charles P. Vitunac County Attorney 42 FEBRUARY 20, 1996 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Chairman Fran B. Aclams EXHIBIT A LIST OF SERIES 1996 PROJECTS The proceeds of the Series 1996 Bonds are being used to finance the costs -of acquisition, construction and equipping of certain capital projects consisting of additions, extensions, and improvements to the. System required to increase the System capacity and meet projected growth needs as may be determined by the County'- from -time to time. The Series 1996 Projects at this time include, but are not limited to, the following water and wastewater projects, which projects may be subsequently changed or omitted by the County, together with such other capital projects as may be subsequently designated by the County from time to time: Water Projects 1. The design and construction of a three (3) million gallon per day (MGD) North County Reverse Osmosis Water Treatment Plant, including well field and brine line with a projected cost of $9,000,000. 2. The design and installation of 22,000 L.F. of master - planned water transmission line along 26th Street to provide additional service and system looping at an approximate cost Of $11000,000. 3. Reimbursement to the County of the costs of acquisition of the City of Sebastian water and wastewater utility system in the approximate amount of $5,000,000. 4. A major requirement of the City of Sebastian Acquisition Agreement is the City's obligation to enact a three phase assessment program to serve approximately 9,000 parcels in the Sebastian Highlands at a projected cost of $9,000,000. As the three phases are the parcels of property that are specifically benefitted, they will be assessed for the pro -rata share of the costs of the project and the assessments will become a part of the revenues pledged to the Series 1996 Bonds. sewer Projects 1. The expansion of the South County Wastewater Treatment Plant to provide an additional 1.150 MGD of wastewater treatment capacity at an approximate cost of $6,500,000. 2. The expansion of the Central Wastewater Treatment Plant to provide an additional 1.0 MGD of wastewater treatment capacity at an approximate cost of $61,000,000. 3. The design and construction of approximately 10,700 L.F. of sewer force main along County Road 510 to connect the North Beach sewer collection system to the mainland collection system and to provide service to the developments along CR 510 at an approximate cost of $1,500,000. 4. The design and construction of approximately 18,100 L.F. of force main and a regional wastewater pumping station to interconnect the North County Wastewater Treatment Plant and the Central Wastewater Treatment Plants at an approximate cost of $630,000. 43 BOOK 97 PAGE FEBRUARY 20, 1996 BOOK 97'165 r,c > EXHIBIT B FORM OF CONTINUING DISCLOSURE CERTIFICATE This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by Indian River County, Florida (the "Issuer") in connection with the issuance of $[45,000,000] Indian River County, Florida, Water and Sewer Revenue Bonds, Series 1996 (the "Bonds"). The Bonds are being issued pursuant to Resolution No. 93-80 adopted by the Issuer on April 13, 1993, as supplemented from time to time, including by Resolution No. 96- adopted by the Issuer on [February 27], 1996 (collectively, the "Resolution"). The Issuer covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the Issuer for the benefit of the Holders and Beneficial Owners of the Bonds and in order to assist the Participating Underwriters in complying with S.E.C. Rule 15c2 -12(b)(5). SECTION 2. Definitions. In addition to the definitions set forth in the Resolution, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any Annual Report provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. "Business Day" shall mean any day other than a Saturday, Sunday or a day when banks in the City of New York, New York, or in Indian River County, Florida, or in the cities in which the Principal Offices of the Issuer or the Paying Agent are required or authorized by law to be closed or on which the New York Stock Exchange is closed. "Dissemination Agent" shall mean the Clerk of the Circuit Court in and for Indian River County, Florida, or any successor or alternate Dissemination Agent designated in writing by the Issuer and which has filed with the Issuer a written acceptance of such designation. 44 FEBRUARY 20, 1996 M M M M s M "Listed Events" shall mean any of the events listed in Section 5(a) of this Disclosure Certificate. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. The National Repositories currently approved by the Securities and Exchange Commission are set forth in Exhibit B. "Participating Underwriter" shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Repository" shall mean each National Repository and each State Repository. "Rule" shall mean Rule 15c2 -12(b)(5) adopted by the United States Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. "State" shall mean the State of Florida. "State Repository" shall mean any public or private repository or entity designated by the State as a state repository for the purpose of the Rule and recognized as such by the Securities and Exchange Commission. As of the date of this Certificate, there is no State Repository. SECTION 3. Provision of Annual Reports. .(a) The Issuer shall, or shall cause the Dissemination Agent to, not later than June 1 of each year, commencing June 1, 1997 with the report for the 1995-1996 Fiscal Year, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this Disclosure Certifi- cate; provided that the audited financial. statements .of the Issuer may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. If the Issuer's fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(c). (b) Not later than fifteen (15) Business Days prior to said date, the Issuer shall provide the Annual Report to the Dissemination Agent (if other than the Issuer). If the Issuer is unable to provide to the Repositories an Annual Report by the date required in subsection (a), the Issuer shall send a notice to each Repository and the State Repository, if any, in substantially the form attached as Exhibit A. 45 BOOK 97 EO FEBRUARY 20, 1996 BOOK 97 F,,A U,Fe367 (c) The Dissemination Agent shall: (i) determine each year prior to the date for providing the Annual Report the name and address of each National Repository and the State Repository, if any; and (ii) if the Dissemination Agent is other than the. Issuer, file a report with the Issuer certifying that' the' Annual Report has been provided pursuant to this Disclosure Certificate, stating the date it was provided.and listing all the Repositories to which it was provided. SECTION 4. Content of Annual Reports. The Issuer's Annual Report shall contain or include by reference the following: 1. The audited financial statements of the Issuer for the prior fiscal year, prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. If the Issuer's audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. 2. To the extent such information is not otherwise included as part of the annual audited financial statements of the Issuer, updated information from that set forth in the Official Statement for the Bonds under the headings: "Water and Sewer Customers", "Indian River County Department of Utility Services High Volume Customers", "Rate Structure", and "Summary of Revenues of the System." Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the Issuer or related public entities, which have been submitted to each of the Repositories or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The Issuer shall clearly identify each such other document so included by reference. SECTION 5. Reporting of SigZificant Events. (a) Pursuant to the provisions of this Section 5, the Issuer shall give, or cause to be given, notice of the occurrence of any of the following events with respect, to the Bonds, if material: 46 FEBRUARY 20, 1996 L 1. principal and interest payment delinquencies. 2. non-payment related defaults. 3. modifications to rights of Bondholders. 4. optional, contingent or unscheduled bond calls. 5. defeasances. 6. rating changes. 7. adverse tax opinions or events affecting the tax exempt status of the Bonds. S. unscheduled draws on the debt service reserves reflecting financial difficulties. 9. unscheduled draws on the credit enhancements reflecting financial difficulties. 10. substitution of the credit or liquidity providers or their failure to perform. 11. release, substitution or sale of property securing repayment of the Bonds. (b) Whenever the Issuer obtains knowledge of the occurrence of a Listed Event, the Issuer shall as soon as possible determine if such event would be material under applicable federal securities laws. (c) If the Issuer determines that knowledge of the occurrence of a Listed Event would be material under applicable federal securities laws, the Issuer shall promptly file a notice of such occurrence with each Repository, including the State Repository, if any. Notwithstanding the foregoing, notice of Listed Events described in subsections (a)(4) and (5) need not be given under this subsection any earlier than the notice (if any) of the underlying event is given to holders of affected Bonds pursuant to the Resolution. SECTION 6. Termination of Reporting- Obligation. The Issuer's obligations under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. If such termination occurs prior to the final maturity of the Bonds, the Issuer shall give notice of such termination in the same marr.sr nig for a Listed Event under Section 5(f). SECTION 7. Dissemination Agent. For purposes of this undertaking, the Issuer has designated the Clerk of the Circuit Court in and for Indian River County, Florida and ex -officio Clerk 47 Bou 9 f'f1��t •� FEBRUARY 20, 1996 BooK 87 Fa F..,36 of the Board of County Commissioners of the Issuer (the "Clerk") as its Dissemination Agent and has delegated to the Clerk the duties, functions and responsibilities of the Issuer undertaken by the Issuer in this Disclosure Certificate. The Issuer may, from time to time, appoint or engage an alternate or substitute Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any such Agent, with or : without appointing a successor alternate or substitute Dissemination Agent. The Dissemination Agent other than the Clerk shall not be responsible in any manner for the content of any notice or report prepared by the Issuer pursuant to this Disclosure Certificate. SECTION 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied: --(a) If the amendment or waiver relates to the provisions of Sections 3(a), 4, or 5(a), it may only be made in connec- tion with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of an obligated person with respect to the Bonds, or the type of business conducted; (b) The undertaking, as amended or taking into account such waiver, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) The amendment or waiver either (i) is approved by the Holders of the Bonds in the same manner as provided in the Resolution for amendments to the Resolution with the consent of Holders, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the Holders or Beneficial Owners of the Bonds. In the event of any amendment or waiver of a.provision of this Disclosure Certificate, the Issuer shall describe such amendment. in the next Annual Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the Issuer. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in the same manner as for a Listed Event under Section 5(f), and (ii) the Annual Report for the year in which the change is made should present a comparison (in narrative form and also, if FEBRUARY 20, 1996 48 M M feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. SECTION 9. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemina- tion set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the Issuer chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. SECTION 10. Default. In the event of a failure of the Issuer to comply with any provision of this Disclosure Certificate any Holder or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Issuer to comply with its obligations under this Disclosure Certificate. A default under this Disclosure Certificate shall not be deemed an Event of Default under the Resolution, and the sole remedy under this Disclosure Certificate in the event of any failure of the Issuer to comply with this Disclosure Certificate shall be an action to compel performance. SECTION 11. Duties, Immunities and Liabilities of Dissemina- tion Agent. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's gross negligence or wilful misconduct. The obligations of the Issuer under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. SECTION 12. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the Issuer, the Dissemination Agent, the Participating Underwriters and Holders and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity. 49 BOOK 97 P!�.� , � / ll FEBRUARY 20, 1996 BOOK 9 7f'A G� Date: February 20, 1996 Indian River County, Florida By Q.�. A 64&MM Its: Chairman Fran B. Adams. ATTEST: - Cl 50 FEBRUARY 20, 1996 EXHIBIT A NOTICE TO REPOSITORIES OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: Indian River County, Florida Name of Bond Issue: Indian River County, Florida, Water and Sewer Revenue Bonds, Series 1996 Date.of Issuance: March 21, 1996 NOTICE IS HEREBY GIVEN that the Issuer has not provided an Annual Report with respect to the above-named Bonds as required by Section - of the Resolution. The Issuer anticipates that the Annual Report will be filed by Clerk of Circuit Court. Dated: February 20, 1996 Indian River County, Florida By ran ams, airman 51 BOOK 97 FEBRUARY 20, 1996 EXHIBIT B Nationally Recognized Municipal Securities Information Repositories approved by the Securities and Exchange Commission as of July 17, 1995: Bloomberg Municipal Repository P.O. Box 840 Princeton, NJ 08542-0840 Internet address: MUNIS@bloomberg.doc (609) 279-3200 FAX (609) 279-3235 (609) 279-5963 Contact: Dave Campbell The Bond Buyer Secondary Market Disclosure 395 Hudson Street, 3rd Floor New York, NY 10014 Internet address: Disclosure@muller.com (212) 807-3814 FAX (212) 989-9282 Contact: Thomas Garske Disclosure, Inc. Document Augmentation/ Municipal Securities 5161 River Road Bethesda, MD 20816 (301). 951-1450 FAX (301) 718-2329 Contact: Barry Sugarman (301) 215-6015 JJ Kenny Information Services The Repository 65 Broadway, 16th Floor New York, NY 10006 (212) 770-4568 FAX (212) 797-7994 Contact: Joan Horai, Repository Moody's NRMSIR Public Finance Information Center 99 Church Street New York, NY 10007-2796 (800) 339-6306 FAX (212) 553-1460 Contact: Claudette Stephenson (212) 553-0345 52 FEBRUARY 20, 1996 I CUMMINGS/SARAVENTURES ARBITRATION The Board reviewed the following memo dated 2/16/96 and letter dated 2/15/96: TO: Board of County Commissioners( FROM: Terrence P. O'Brien, Assistant County Attorney 1' DATE: February 16, 1996 RE: cumminge/Saraventures Arbitration Background: James A. Cummings, Inc., the prime contractor for the construction of the Indian River County Judicial Complex, subcontracted the millwork for the judicial complex to Saraventures, Inc. During the course of construction, shop drawings for the millwork were submitted to the architect for approval. During the course of review of the shop drawings, it appears that someone at the architect's office scratched out the wood species "white birch" and substituted the word "mahogany." Mahogany was in fact installed. Saraventures submitted to the contractor an upcharge for the wood species change. The architect denied the request for the upcharge because there was no change order or other document signed by the architect and owner authorizing -this wood species change as required by the contract. Settlement Offer: Cummings/Saraventures then filed a demand for arbitration seeking $36,488.09 for the upgrade from white birch to mahogany. Arbitration is scheduled for February 29, 1996. The attorney for Cummings/Saraventures has submitted a settlement offer of $7,500. A copy of the letter is attached. Discussion: The County has a valid legal defense to this arbitration in that the requirements for a change order in the contract were not followed. The arbitrator is not bound to accept this defense, and he could award Cummings/Saraventures the cost or a portion of the cost of the wood species change based on the fact that we did get the mahogany in place of white birch. 53 FEBRUARY 20, 1996 BOOK 97 FA.r r ;374 SENT BY -M, W & E- MIAMI BOOK 97 375 2-15-96 4:53PM 3053476500-+ INDIAN RIVER GDUNTY 4 2 MCDERMUTT, WILL & Emmy 4Ia1► ThCETAJILE — * 2 —7 ZA.109 S Terrance F. olbrien, Esq. Assistant County Attorney Office of county Attorney Indian River County 1540 25th Street Vero Beach, FL 32960 Gum rMlosstandl' a Chkayu tM� 901 Sou+i+ 101"ync 8owrvard galea 22ne! Ftr,� Miami, FL 99131-436 NeworkB"Ch 3 -ass 9� Pesub� (Russia) ftCai MOA 3fi-347.650(1 V1W4 Wj Jame) wads mr4, O.C. Steven L SILT, P.& Aaoelalyd flndependanQ lowp g: AtWtney at Law Br s eb Madrid 305.94764011 mpg pads February 15, 1996 REI India* River COUAty V. Cummings and 8araventures Case mei 9S-4Zib-CA-iq Dear Terry: This will confirm our conversation earlier today during which I advised you that my client was willing to resolve the above- referenaed matter, which is scheduled for ,arbitration on February 29, 7996, by virtue of payment from the county to my client in the amount of $7500.00. In the interest of time, we are not interes ted in protracted negotiations and, thererore, our figure would be substantially higher if we anticipated a negotiation process. As you know, this is not 4 vase where the work Was performed negligently or not At all by my client. 14Y client, in fact, acted in accordance with the instructions from the architect and installed mahogany pursuant to those instructions. We, therefore, believe that the demand is extremely reasonable, that the citizens of Indian River County have, in fact, received what they will be paying for and that this matter should be resolved. If you have any questions, please call me. SES/mb CC: Mr. Peter Wolf 123635\U10\50C�t6ES.Ot1 54 FEBRUARY 20, 1996 Sincerely, S EAiff Assistant County Attorney Terry O'Brien advised that we received a FAX this morning from the architect, Pierce, Goodwin Alexander & Linville, offering to contribute $2500 to the settlement of $7500.. With this contribution we could wrap it up for $5,000 and we would get the mahogany in place of the white birch. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved a settlement in the amount of $7500, which includes the $2500 contribution from PGAL. e,%e,iSe. A -c e -b o A) -Cl r,� Re.c.e; ve,,.p 7 l!- 9' iA PUBLIC HEARING - BEAZER HOMES' REQUEST FOR CONCEPTUAL PD SPECIAL EXCEPTION USE AND PRELEVIINARY PLAN APPROVAL - ISLAND CLUB SID VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press-Joumal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being f a�c y, in the matter of In the Court, was pub- lished in said newspaper in the issues of •2 Affiant further says that the said Vero Beach Press -Journal Is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. "'.44-194010, of�• a qJ �4 > iA,•$ubscribed before me this day ofQ-4, A.D. 19 :• MyCon,m • G • + + '{Business Manager) • J1Ji,B �� Etplr� : fi1 c BARBARA C. SPRAGUE. NOTARY PI18lIC, N 1997 State ofFlorda MMv .nnT.e r { P I ->y29 1897 ru*),,, Cr 4C%12 a,= 7" NurrMwr. CC3W572 op P 1G • • �G`.� .e SIgt1Ad• _ v. PC• _ .1� •....�..•••' Notary: BARBARA C SPRAGUE 55 FEBRUARY 20, 1996 Sit e \ -- ae •e �,- RS -6: NOTICE O'PUBLIC WARNG j1g of V, CW OcWft L138 814mal far Owned dmadeftW On dridWedd by B developiart to be Mvm Hum Inc�7he aer 13p9roepregrtoy fbm* hor. - on 42.90 de �dY 1 D Robert °w'ed by etall Is boted aat 6535 SR A -1-A to Seetlano 35 36, TT O= and Range 39. See the above map for favi t which pada Inand rderest and be Add by die guard of 4 in � o sic" Cheeftm Of ft CoNfly Adr*kra m &Ad. irg, boated at 1640 25th Street. Vero Beach. Fbr. Ida an Tuesday. February 20.19M aptp9105 a.m. whch�maybe �r�aft at toMay wish any gdu- wi need to an- on dw m which the Ydawabathe t r m a d ey b i NAfidr theANYONEis based. e+P� TION F TM MEEEETWO CONTACT. COUNTrS AMERICANS VM DISABILITIES ACT Mi ►A COORDINATOR AT W -MM 71223 AT Na 46 HOLM N ADVANCE OF THE MEET. OWN RNER COUNTY Inc.x--.. Bwa Fret B. Adams. CAarman .bn. 26.1996 12126M 600K 97 F -,%r- • i 6 W BOOK 9 7 PAGE.3 77 Planning Director Stan Boling reviewed the conditions listed in staff's recommendation for approval of the conceptual PD plan and special exception: TO: James E. Chandler County Administrator D-Lai S ON HEAD -CONCURRENCE: oer . Ka n I Community D��e✓vrrelop ent i ector THROUGH: Stan BolingA,��AICP Planning Director" / FROM: John W. McCoy, AICP'� A Senior Planner, Current Development DATE: February 13, 1996 SUBJECT: Beazer Homes Florida Inc.'s Request for Conceptual Planned Development Special Exception Use and Preliminary Plan Approval for a Project to be Known as Island Club Subdivision It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 20, 1996. DESCRIPTION AND CONDITIONS: Knight, McGuire & Associates, Inc. has submitted an application for conceptual PD plan and special exception use approval on behalf of Beazer Homes to construct a single family PD project to be known as Island Club Subdivision in 3 phases. Based on modifications made by the applicant at the January 25, 1996 Planning and Zoning Commission meeting, the number of requested project units has been reduced from 139 to 131. In addition to the conceptual PD plan and use request, the applicant is also requesting preliminary PD plan approval (site plan and preliminary plat) for Phase I of the project which consists of 46 lots (units). The subject property is located on SR A -1-A, just north and west of the Town of Indian River Shores, adjacent to the Baytree and Marbrisa developments (see attachment #2). The property has a small amount of frontage on SR A -1-A for a roadway that will provide access to an existing 40 acre grove. The subject property is multiple zoned. with the northern and eastern .81 acres of "access way" property zoned RM -6, Residential Multi -Family (up to 6 units per acre), the easterly 33.83 acres of the project's primary site zoned RS -61 Residential Single Family (up to 6 units per acre), and the west 8.30 acres of the project's primary site zoned n-'_, Agricultural (;:p t:, 1 unit per.5 acres) .. The proposed overall density for the project is 3.05 units per acre, based on 131 units. •PD Project Process A5 a PD project, this propstsal is subject to the following review and approval process: 56 FEBRUARY 20, 1996 Approval Needed Reviewing Body 1. Conceptual Plan/Special Exception PZC & BCC 2. Preliminary PD Plan PZC 3. Land Development Permits or Waiver* Staff 4. Final PD Plat BCC The applicant is now requesting approval of the first two steps. If the PD special exception use request is approved by the Board of County Commissioners, the Planning and Zoning Commission's approval of the preliminary PD plan will become effective, and the applicant will then need to obtain a land development permit for the required PD infrastructure improvements. It should be noted that the applicant has already submitted a land development permit application for staff review. •Planning and Zoning Commission Consideration At its January 25, 1996 meeting, the Planning and Zoning Commission voted 4 to 2 to: • conditionally approve the preliminary PD plan subject to Board of County Commissioners approval of the special exception use request, and • recommend that the Board of County Commissioners approve the special exception use. If the Board of County Commissioners approves the special exception use, the preliminary PD plan/plat will automatically become effective. In addition to staff's originally recommended conditions, the Planning and Zoning Commission recommended that the substance of an agreement between Beazer Homes and Marbrisa Property Owners be incorporated as a condition of approval (see attachment #9), and recommended that the lots along the west project perimeter meet all RS -6 zoning district lot size and dimension standards. The conditions related to the agreement with the Marbrisa Property Owners address the proposed development's impact along the south property line. In addition, the developer agreed to revise the project design adjacent to Baytree to include 70' wide lots that do not require any waivers and a 10' wide Type "C" buffer. These revisions have been incorporated into staff's recommendation. ANALYSIS: 1. Size of Development: 42.94 acres overall 2. Zoning: RM -61 Residential Multi -Family (up to 6 units/acre): 0.81 acres RS -6, Residential Single Family •(up to 6 units/acre): 33.63 acres A-1, Agricultural District (up to 1 unit/5 acres): 8.30 acres TOTAL 42.94 acres 3. Land Use Designation: L-2, Low Density 2 (up to 6 units/acre) 57 FEBRUARY 20, 1996 I r BOOK 97 F,i F, 3 fj 4. Density: 34.64 acres X 6 units/acre (RS -6 and RM -6) = 207.84 units - 8.30 acres X .2 units/acre (A-1)* = 1.66 units Total units allowed = 209.50 or'209 units 209 units divided by 42.94 acres = 4.86 units/acre allowed Allowable Density under present zoning: 4.86 units/acre Proposed Density at 131 units: 3.05 units/acre *Note: Under the existing L-2 designation, the A-1 zoned property could be rezoned to RS -6, RT -6, or RM -6, and the overall project area could effectively have a maximum allowable density of 6 units per acre. 5. Lot Size: A-1 minimum: 200,000 sq. ft. RS -6 minimum: 7,000 sq. ft. Minimum proposed: 7,040 sq. ft. Note: Although all lots exceed 7,000 square feet in area, interior lots and lots along the north perimeter will have less than the normal RS -6 70' minimum lot width. 6. Open Space: Required: 18.83 acres or 44.0% of the site Provided: 19.01 acres or 44.3% of the site Note: 40% open space is required for the RS -6 zoning district, while 60% is required for the A-1 district. Based on a weighted average, 44.0% is required for the site. Below is a summary of the open space provided:. Lake Area: 5.65*1 acres or 30% of 18.83 acres Green Area Around Lake: .75 acres Private Green Space: 7.59*Z acres Private Impervious Area: 1.88*1 acres or 10% of 18.83 acres Perimeter Buffers: 1.99 acres Recreation Facility: .53 acres Sidewalk: .42 acres Common Landscape Area: .20 acres 19.01 acres or 44.3% of the site Note': Lake area ,can account for only 30% of required open space, and private impervious area can account for only 10%. NoteZ: Private green space area is based upon 25% of individual lots being green open space, an amount guaranteed under the minimum setbacks proposed. 7. Recreation Area: Required: 1.57 acres Provided: 2.13 acres The recreation area is provided via a clubhouse and recreation complex -tract, internal sidewalks, and 'pedestrian paths/easements to the beach and the Indian River Lagoon. A separate site plan will be submitted for the recreation complex under a separate application. The figure above is based upon 131 units. 8. Phasing: The project will be constructed in three.phases.: Phase I: Area: - 18.30 acres Lots: 46 lots Density: 2.51 units/acre FEBRUARY 20, 1996 58 L _I 9. Phase II: 'Phase III: Each phase amenities t requirements. Area: 15.73 acres Lots: 49 lots Density: 3.12 units/acre Area: 8.91 acres Lots: 36 lots Density: 4.04 units/acre will include the necessary improvements and o independently meet all applicable LDR Env,ironmental Issues: *Uplands: Since the project is over 5 acres, the native upland set aside requirement of section 929.05 applies. The eastern .81 acres, which provides the project's connection to SR A -1-A, is comprised of coastal hammock, while the remainder of the 42.94 acre site is an active citrus grove. Therefore, the .81 acres is subject to a conservation area set aside requirement of 15%. The plan depicts a conservation easement which covers 15% of the upland area. Wetlands: Environmental planning staff has concluded that there are no wetlands on the site. Therefore, wetland permitting is not an issue. *Excavation: A 6.12 acre lake is proposed within the project. The applicant has indicated that the fill obtained will be used on-site. Therefore, there is no incidental to construction off-site hauling/sand mining issue. The applicant is required to construct littoral zones within the proposed lake, and such zones have been depicted on the plans. The littoral zone planting will need to be approved prior to the issuance of a land development permit. 10. Stormwater Management: As with standard single family subdivisions, the stormwater management plan has been given conceptual approval by the public works department. Final review and approval of the stormwater management plan shall be accomplished through the land development permit process. 11. Thoroughfare Plan: The project has 150' of frontage on SR A- 1 -A. A -1-A is designated on the Thoroughfare Plan as an arterial roadway requiring 120' of right-of-way. Presently, there is 100' of existing right-of-way; therefore, an .additional 10' needs to be acquired on either side of SR A-1- A. Although the public works department does not wish to acquire the additional 10' at this time, the proposed plan accommodates the future acquisition. 12. Traffic Circulation: The project will be accessed from SR A- 1 -A by a subdivision collector road to be constructed by the developer. The subdivision collector road will be constructed to the project entrance with the remainder (western portion) of the road to be constructed by the developer of the property to the west. The provision of this access road will ensure that SR A -1-A, rather than Jungle Trail, will provide access to the property west of Island Club (the subject property). Via the project's final plat, the access roadway to SR A -1-A will be dedicated to the public or rights to use the road will be granted to serve the site west of the Island Club. Interior to the project, the internal road will loop through the project with two cul-de-sacs extending into the middle o€-- 59 FEBRUARY 20, 1996 BOOK 97 FVH 380 BOOK 97 P"GF,381 - the subdivision. The traffic engineering division has approved the internal traffic circulation plan. The only off-site traffic improvement is a left turn lane that'. will be constructed on SR A -1-A, for access to the subdivision collector access road. The left turn lane will need to be completed prior to the issuance of a certificate of completion for Phase I of the development. 13. Dedications & Improvements: The developer has indicated that the subdivision collector access road will be dedicated to Indian River County. The dedication could be public or private, as long as access to the undeveloped property to the west of Island Club is provided. The collector roadway will be dedicated with the final plat for Phase I. The applicant is also required to construct an 8' wide bikepath along the project's SR A -1-A frontage. The bikepath will need to be constructed or bonded -out prior to the issuance of a certificate of completion for Phase I. 14. Pedestrian Circulation: The project will have internal sidewalks to provide for pedestrian access within the subdivision. There will also be off-site pedestrian paths provided to the beach and Indian River Lagoon within established access easements. 15. Utilities: County potable water and wastewater services are available to the site, and connection is mandatory. The project will connect to county water and wastewater services. County Utilities has approved the connection to water and wastewater services. 16. Proposed Waivers: Through the PD process, the applicant has requested the following waivers from the LDR standards. *1 Note: All of the lots along the southern, eastern, and western perimeters will -meet all RS -6 lot size, dimension and FEBRUARY 20, 1996 A-1 RS -6 Proposed PD* Standard Standard Lot width*' 150' 70' 55' [House sideyard 30' 10' 5' setback House: front & rear 30' 20' 20' (interior setbacks lots only) Pools: side & rear 10' 10' 5'/101/20'*3 Patios & Decks: Rear: 10' 10' 51/101/20'*3 Side: 30' 10' 5' Front: 30' 20' 51 Maximum lot coverage (individual lots) (building): 20% 30% 55% Total im ervious: 40% 60% 75V Minimum open space 60% 40% 27% per individual lot*Z *1 Note: All of the lots along the southern, eastern, and western perimeters will -meet all RS -6 lot size, dimension and FEBRUARY 20, 1996 setback criteria. Waivers will apply- to interior lots and lots along the north perimeter. *2overall project open space will exceed the 44% requirement." *3As result of the Planning and Zoning Commission meeting, the applicant agreed to 5' rear setbacks for pools, patios, -and decks for interior lots and lots along the north perimeter,.a 10' setback for pools, patios, and decks for the east and west perimeter lots, and a 20' setback for pools, patios, and decks along the south property line. The 10' setback for pools, patios, and decks is consistent with other single family zoning districts in the county. Note: Pursuant to LDR sections 911.15(2) and 915.16(1)(B), pools, patios, and decks have normally been allowed to encroach in the 25' perimeter PD setback for single family planned developments. Although the LDRs allow pools, patios, and decks to be located as close as 10' from the project perimeter property line, the applicant has requested that this be reduced to 5' for interior lots and lots along the north perimeter. Staff and the Planning and Zoning Commission support this request. 17. Landscaping and Buffering: The planned development compatibility standards require a 25' perimeter building (residence) setback for all planned developments. Landscape buffers can be required within these setbacks, depending upon the proposed type of development within the PD and adjacent development or zoning. For this project, buffers are required as follows: North: Along the north• property line, a double frontage buffer is required, since the proposed lots will have frontage on the internal subdivision street and the collector access road to SR A -1-A. The double frontage buffer requires a 6' opaque feature which the applicant proposes to satisfy by a 2' high earthen berm with 4' high continuous hedge (2' high* at planting with 2 year grow -in period). This proposal meets the section 913.09(3)(c)5 double frontage buffer requirements. These buffer improvements must be constructed prior to the issuance of a certificate of completion for Phase I. East: The east project perimeter is adjacent to Baytree Village Condominiums, and all lots along this perimeter will meet the RS -6 dimensional criteria & setbacks. Because these lots will be standard size, typically no buffering is required. However, to address compatibility concerns, the Planning and Zoning Commission recommended that the applicant plant a Type "C" buffer along the eastern property line, and the applicantagreed to this provision. South: Since lots along the south perimeter (see attachment #3) will meet the RS -6 minimum dimensional criteria and the normal RS -6 setbacks, no buffer would be'required. However, based on the Pla.-uning and Zoning Commission's recommended conditions, which reflect the substance of a "compatibility agreement" between the applicant and Marbrisa Property Owners' Association, the applicant has agreed to a special buffer along the south perimeter (see attachment #7). On the Island Club site, the buffer will cover a 20' wide strip of land that will be planted with 80% of the plant material necessary to meet Type B buffer requirements. On adjacent Marbrisa property, which is beyond the scope of the PD proposal, the applicant has agreed with Marbrisa property owners to plant a FEBRUARY 20, 1996 � B0Boap' f'� li r.. S 5' strip of land with the amount of plant material equal to 20% of a type B buffer. In addition, the developer has agreed to construct a 6' high green vinyl clad chainlink fence on the- Marbrisa property during phase 1 construction. These private agreement provisions are not a part of the PD plan approval and cannot. and will not be enforced by' the county. Only the provisions affecting the Island Club property itself will be the subject of the PD proposal and approval. During Phase I, the 5' buffer on the Marbrisa property is to be installed, based upon the private agreement. The remaining north 20' buffer on the Island Club site is to be planted during the appropriate development phases that abut the south perimeter, based upon a recommended condition of PD plan - approval. - West: The property to the west is currently agriculturally zoned with an active citrus grove, but has a residential land use designation. Based on LDR section 9.15.16, the developer is required to provide a transition area of lots meeting the zoning district minimum criteria or a Type "C" buffer, if any waivers are requested. The Planning and Zoning Commission recommended that the lots along the west perimeter be made to conform to the RS -6 zoning district minimum criteria and provide a Type "C" buffer to which the developer agreed. 18. Zoning Issue: As referenced earlier in the report, 8.30 acres of the project are zoned A-11 Agricultural (up to 1 unit/5 acres). The project can be approved with these 8.30 A-1 zoned acres since the area is designated for residential uses (L-2) , the allowed density is not exceeded, the open space is met, single family residences are permitted uses in the A-1 zoning district, and the appropriate waivers have been requested. Staff, however, is recommending that prior to final plat approval the applicant file an application to rezone the 8.30 acres. This arrangement lets the developer proceed with approval and construction, while the rezoning is being accomplished. The rezoning is needed as a zoning "house keeping" measure, so that when the 40 acres to the west of Island Club are eventually rezoned and developed, there is no 8.30 acre hiatus zoned A-1. The rezoning will also help as a practical real estate matter when future zoning inquiries are made by buyers and lenders. The applicant has agreed to this recommendation.. RECOMMENDATION: Based on the above analysis, staff recommends that the that the Board of County Commissioners approve the conceptual PD plan and special exception request with the following conditions: 1.. That, to ensure compatibility of the project with the adjacent Marbrisa development, the foilowiag.burger improvements and setbacks shall be required: a. On the Island Club site, a 20' wide buffer comprised of 80% of the plant material required for a Type "B" buffer shall be provided along the south perimeter of the project site that abuts Marbrisa. b. The north 20' of the buffer shall be planted with each applicable phase that abuts the south perimeter. 62 FEBRUARY 20, 1996 M O M M c. ' Pools, patios, and decks shall be setback at least 20' from the south perimeter. 2. That, to ensure compatibility of the project with the adjacent Baytree_development and adjacent groves, a Type "C" buffer shall be provided along the project site's east and west perimeters during construction of each appropriate phase that - abuts these perimeters. 3. That lots along the project site's east, south, and west boundaries shall conform to the RS -6 size, dimension, and setback standards. 4. That the required double frontage buffer shall be planted along the north property line with appropriate phase. 5. That, prior to the issuance of a land development permit, the developer shall obtain from the environmental planning section approval of a final plan for littoral zone planting. 6. That, prior to or via the final plat, the access road to SR A- 1 -A shall be dedicated to the public or access rights shall be granted to -serve the property to the west of Island Club. 7. That, prior to the issuance of a certificate of completion for Phase I, the developer shall construct the required left turn lane on SR A -1-A, and shall construct or bond -out for the 8' bikepath along SR A -1-A. 8. That, prior to final plat approval for Phase I, the developer shall file an application to rezone the 8.30 acre A-1 zoned parcel to an appropriate residential district. 9. That the requested waivers for lots on the north perimeter and on the project site's interior be granted, with the exception that a 10' setback be required for all pools, patios, and decks along the east, and west project perimeters, and a 20' setback be required for such structures along the south perimeter. 62 A BOOK 9�1 PACF,- - FEBRUARY 20, 1996 Boa 97 FnE -M5 Director Boling explained a possible 10th condition would be that a 10 -ft. chain link fence be placed along the southern property boundary on Marbrisa property subject to approval by the Marbrisa residents. If approval is not granted, the site plan has been structured to allow the fence to be placed on the development's.side. That is basically what came out of the P&Z meeting, and he believed that the preference of all the parties concerned is that the fence be placed on the Marbrisa side. With those 10 conditions, staff recommends approval. Chairman Adams inquired about landscaping the 6 -ft. fence on both the north and south sides, and Director Boling explained that any conditions placed on this development cannot go over the property line. Staff has tried to structure the conditions so that the fence can be built on the Island Club's side. If the developer works something out with the Marbrisa property owners for that 5 -ft. strip, landscaping can be put in that 5 feet. If the fence is put up on the Marbrisa property, it will satisfy the County's requirements. Hopefully, that is what all parties will agree to. Chairman Adams opened the Public Hearing and asked if anyone wished to be heard in this matter. Dr. Howard Smith, president of the board of directors of Baytree, read aloud the following letter dated 2/13/96: baytree February 13, 1996 Board of County Commissioners Indian River County, Florida Re: Proposed Development by Beazer Homes Dear Commissioners: As you are aware, Beazer Homos is presenting plans for a residential development in Indian River County just north of the Indian River Shores town line. Homeowners in the Baytree community have been very interested in the character, of this project, and we expressed some of our concerns at a recent Planning and Zoning Board meeting. We had also noted that the homeowners at Marbrisa, whose property similarly abuts the proposed development, had been contacted by Beazer Homes and had worked out certain considerations that made the plans more acceptable to their residents. FEBRUARY 20, 1996 63 M M M In the hope of satisfying some of our concerns -regarding this project, the Baytree Board and many residents met with Mr. Edward G. Bauer, the president of Beazer Homes Florida, Inc. Based on the agreements reached at our meeting, it is our understanding that the developer is now amenable to the following stipulations: 1) The building lots adjacent to Baytree's west side will be 70' wide. 2) These same lots will have "no build" setbacks of 15' rather than 101 . 3) The existing fence between Baytree and the Beazer property will be left undisturbed, and any damage caused in the course of land clearing, etc., will be repaired by the builder. 4) The builder will establish a Type "B" buffer between Baytree and the new development. Such buffer will be implemented at the time the current groves are cleared in preparation for Phases II and III of their project. If the developers are willing to incorporate these conditions into their current application, the homeowners of Saytree would certainly support their proposed project, and thank them for their straightforward handling of our concerns. S* ce ely, r' Howard J. S it M.D., President Board of Dire rs Baytree Condominium Association Bruce Barkett, attorney representing the applicant, appreciated the comments from Baytree and advised that the applicant has agreed to the conditions outlined by Dr. Smith. He wished to clarify that the type "B" buffer will be 10 -ft. wide, not 20 -ft. wide. The applicant has agreed to the 15 -ft. setback for pools, decks and patios, but the setback for houses still will be 25 feet. There will be a fence on the Marbrisa side plus 5 feet of landscaping. On the Island Club side, there will be 20 feet of landscaping. Attorney Barkett felt everyone was in agreement and that staff did a nice job in presenting their recommendation. He -advised that the project manager and landscaping engineer were here today to answer any questions the Board may have. Richard Hollyday, resident of Marbrisa, speaking on behalf of the Marbrisa Homeowners Association, emphasized that he believed there are a lot of home owners in Marbrisa who are not in favor of this project. They feel the project is too dense and not compatible with Marbrisa. They feel the proposed project may depreciate property values. Mr. Hollyday advised that the Marbrisa Homeowners Association met to discuss the issue and agreed on the following statement dated 2/20/96: BOOK � ( r'r�U, °3:7 64 FEBRUARY 20, 1996 t � BOOK PAuC 387 February 20, 1996 STATEMENT OF MARBRISA HOMEOWNERS ASSOCIATION TO BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY REGARDING PROPOSED SPECIAL EXCEPTION APPROVAL FOR ISLAND CLUB SUBDIVISION PLANNED DEVELOPMENT We have reviewed the memorandum, dated Feb 13, 1996, of Senior Planner John W. McCoy to Mr. Chandler, the County Administrator, which recommends approval of the conceptual PD plan and special exception request with conditions. If the Board approves this project, we believe Mr. McCoy's recommended conditions should be amended, to ensure the proposed development will be compatible with Marbrisa, and to comply with the motion adopted by the Planning Commission at its meeting on January 25, 1996. We agree that the County can not enforce private agreements between land owners, but the conditions to the approval should clearly state that the six Foot high fence along the boundary line with Marbrisa, the 25 foot setback, and the 25 foot planted, type B buffer along that boundary line, are required. These conditions are in accordance with the agreement between the Marbrisa HOA and the developer, and were recommended by the Planning Commission. Therefore, we respectful ly request that condition 1(pp7-8 of the Memorandum) be amended to provide: "1. That, to ensure compatibility of the project with the adjacent Marbrisa development, the following improvements setbacks, and buffers shall be required: a. A 6 foot high, galvanized, green vinyl clad, chain link fence shall be provided along the south perimeter of the project site that abuts Marbrisa , prior to start of phase I construction. The fence may be located south of the boundary line per agreement of the property owners. b. A 25 foot setback area shall be provided, measured northerly from the south perimeter of the project site, free of all man-made structures, including but not limited to pools, decks, patios, parking areas, drives, and outbuildings; provided, that on each lot a swimming pool or part thereof may be constructed in the most northerly five feet of the setback area. c. A 25 foot wide butler area, planted in accordance with Type "B" buffer as specified in landscape and buffer regulations of Indian River County, shall be provided along the project's boundary line with Marbrisa. The southerly 5 feet of the buffer area, to be planted when the fence is constructed, may be located south of the boundary line per agreement of the property owners. The balance of the buffer area shall be planted as the property is developed. " We believe these conditions should be stated expressly in the approval to guarantee that the developer will in fact provide the safeguards they have promised FEBRUARY 20, 1996 64 (a) Chairman Adams understood that this statement is different than the statement presented at the P&Z meeting, and Mr. Hollyday stated that was correct. Director Boling advised that on any Planned Development project there is a 25 -ft. setback for houses. That is stated on the plan, but it can be included in the conditions. With regard to Condition #10, the 6 -ft. fence would be put in prior to construction. The only potential problem that he could see at this time is requiring landscaping and buffering on a 5 -ft. strip that is off the project site. That needs to be worked out with the Marbrisa property owners. Director Boling advised that the Board could place a condition that a 5 -ft. strip of landscaping be provided on the Island Club's side of the fence. Stephen Goodale, 131 Passage Island, did not approve of this project in its entirety because it would allow 70 -ft, lots to abut their lots which average 120 feet. He did not believe that was compatible. He noted that the buffered zone is heavily wooded through the 20 -ft. buffered area and was concerned about trees being removed along the drainage ditch. Director Boling explained that we are talking about the southern part, and Mr. Goodale pointed out that the property line could be right in the ditch. Scott McGuire, project engineer, stated that the ditch is not perfectly parallel to the property line. The ditch, which is 100% on Beazer property, would be filled. Chairman Adams asked about the ditch in terms of tree removal, and Mr. McGuire explained that there is no intention to remove trees. Mr. Goodale then pursued the incompatibility of 70 -ft. lots, and Director Boling explained that the site is currently zoned RS -6 (residential single family up to 6 units per acre). If a standard subdivision application were to come in, 70 -ft. lots are allowed and there would be no public hearings and no opportunities for special buffering requirements. He noted that there are 70 -ft. lots in Sea Oaks. David Philpot, chapter chairman for the Treasure Coast Home Builders Association, believed this development would bring a lot of commerce to subcontractors, and he would love to see it. John Ix, resident of Marbrisa, asked if the proposed density is greater than, equal to, or less than the density in Sea Oaks __which is being used as a comparison here. His impression is that 65 FEBRUARY 20, 1996 BOOK 97 P,,cEX88 Boa 97 �vv,-F 989 Sea Oaks does have areas where houses are very close together. He emphasized that his comments were his own, but as the president of the Marbrisa Homeowners' Association, he wished to know the densities in the vicinity. Director Boling advised that Sea Oaks was approved at 6 units per acre. It is being built out at between 5 and 6 units per acre. Baytree is being built out at 3.9 units per acre. Laidler Mackall, 151 Passage Island, wished to read the letter he wrote setting out a few issues that have not been discussed: Laidler B. Mackall 151 Passage Island Vero Beach, Florida 329634265 (407) 231-7892 V..Mjs /�c : , �o,c,oa.,Q race••...,o�e e�.; �� S S 3 s Se A - I - A .6�.�► ,don.,✓ � c' .�.�..: . a WWF, . 1,,74 0841.� .�... a .W7 ✓ FEBRUARY 20, 1996 66 M M M X. /-u74a,.j &'V ".e4ll/ �e,67 o -x" 4,4a & X�l /4-" oel if ll� a0le '00" O O% . ASKr.../ U4AAA o�ew. aw.f ,4 67 BOOK 97 �'A E•.�t�� FEBRUARY 20, 1996 �. • ,., �v*to;?/c4 �53r s�A•r•� FEBRUARY 20, 1996 68 Mr. Ntackall understood that before a zoning change can be made, there must be a legal basis for it, such as an unusual hardship unique to the property in question. Attorney Vitunac explained that this is not a zoning change. This is a special exception process and the government gives slightly more units (more density) and in return gets certain amenities, such as buffering, that they could not get under the existing zoning. Mark Griffith, Sun Bank of the Treasure Coast residential mortgages, stated that these homes have been very highly recommended. He commented that some of the larger developments on the barrier island have similar patio type homes within their perimeters. He looked forward to the prosperity and growth that Beazer Homes would bring to Indian River County. Michael Ford, local realtor, noted that during the 6 months he has been associated with Beazer Homes he has found them to be honorable citizens who are concerned how they will be received in the community. He found them always to have kept their word, which is refreshing. From a marketing standpoint, he felt the community they are proposing addresses the changing residential market and would be very well received. Cindy Silverstein with Stewart Title Company of Indian River County also felt that these homes would be a definite asset to this community. Rita Curry, 1080 Windsong Lane, commented that what she has learned about Beazer Homes is good. Rhett Palmer, 4205 61st Avenue, voiced his support of Beazer Homes. There being no others who wished to be heard, Chairman Adams closed the Public Hearing. Commissioner Bird asked Director Boling if, after hearing all the testimony here this morning, he felt that staff has those conditions and comments covered in the 10 conditions. Director Boling recited what he felt has been added, starting from the conditions set out in staff's recommendation in the backup: The 25 -ft. setback for houses is on the site plan by ordinance, and he doesn't believe it needs to be part of the conditions. 69 BOOK FADE �9� FEBRUARY 20, 1996 boor 97 Condition #2 deals with the buffer against Baytree, and rather than mentioning a type "C" buffer, it would read, "a type "B" buffer planted in a 10 -ft. strip on the east side. The west side would be left at a type "C" buffer. Condition #9 would require a 10 -ft. setback for pools, patios, and decks along the west perimeter of the project; a 20 -ft. setback along the south perimeter; and 15 -ft. on the east side against Baytree. Condition #10 would require that prior to construction, a 6 - ft., green vinyl clad, chain link fence would be placed on the southern boundary, or on the Marbrisa side, if it can be worked out with Marbrisa property owners. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously granted conceptual PD plan approval and approved the special exception request subject to the 9 conditions outlined in staff's recommendation and the added condition #10, and the amendments as presented today by Planning Director Boling. EMERGENCY SERVICES DISTRICT Chairman Adams announced that immediately following adjournment, the Board would reconvene sitting as the District Board of Commissioners of the Emergency Services District. Those Minutes are being prepared separately. SOLID WASTE DISPOSAL DISTRICT Chairman Adams announced that immediately following adjournment of the Emergency Services District Meeting, the Board would reconvene as the District Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. FEBRUARY 20, 1996 70 a � ENVIRONMENTAL CONTROL BOARD Chairman Adams announced that immediately following adjournment of the Solid Waste Disposal District, the Board would reconvene as the Board of Commissioners of the Environmental Control Board. Those Minutes are being prepared separately. There being no further business, on motion duly made, seconded and carried, the Board adjourned at 10:14 a.m. ATTEST: J. K. arton, Clerk Minutes approved 5-%D'96 FEBRUARY 20, 1996 c5)c,�A Fran B. Adams, Chairman 71 800 ':�L 3 zi