HomeMy WebLinkAbout12/9/1997MINUSES ATTACHED
BOARD OF 9OUNTY COMMISSIONERS
INDIAN RIVER COUNTY. FLORIDA
A G E N D A
TUESDAY, DECEMBER 9,1997
9:00 A.M. - COUNTY COMMISSION CHAMBER
County Administration Building
1840 25th Street, Vero Beach, Florida 32960
COUNTY COMMISSIONERS
Carolyn K. Eggert, Chairman (District 2)
John W. Tippin, Vice Chairman (District 4)
Fran B. Adams (District 1)
Caroline D. Ginn (District 5
Kenneth R. Macht (District 3)
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
9:00 a.m. 1. CALL TO ORDER BACKUP
PAGES
2. INVOCATION None
3. PLEDGE OF ALLEGIANCE - Comm. Carolyn K. Eggert
4. ADDITIONS to the AGENDA/EMERGENCY ITEMS
71 LOCAL LAW ENFORCEMENT BLOCK GRANT - FY 1997
7.K. PROCLAMATION - JEANETTE BECKER REEL
13.D. ST. JOHNS RIVER - AMERICAN HERITAGE RIVER
5. PROCLAMATION and PRESENTATIONS
None
6. APPROVAL OF MINUTES
A. Regular Meeting of November 18, 1997
B. Regular Meeting of November 25, 1997
7. CONSENT AGENDA
A. Received & Placed on File in Office of Clerk to
the Board: Report of Convictions, Nov., 1997
B. Request the Board Approve an Extension to the
Fla. Communities Trust Cost -Share Acquisition
Agreement for Purchase of the Lost Tree Islands
(memorandum dated December 2, 1997) 1-3
C. Authorization for Chairman to Sign Agreement for
King's Highway Improvements (Oslo Rd. to 26 St.) 4-5
D. Settlement of the Citrus Utilities Case
(memorandum dated December 2, 1997) 6-21
F. Records Storage Expansion - Public Health
Dept. - Change Order #1
(memorandum dated December 1, 1997) 22-23
G. Budget Adjustment - Broward County Inmate Revenue
(letter d:.:. _� d December 3, 1997)
2401 P'+ Jr U Qi
7. CONSENT AGENDAIcont'd1• 000K 103 PAGE
H. Request Chairman's Signature for Local Law
Enforcement Block Grant Program
(letter dated December 2, 1997)
I. Approval of Coach Wm. Wilson, Jr. as Alternate
to Mr. James C. Jenkins on Parks & Rec. Comm.
(letter dated December 1, 1997)
8. CONSTITUTIONAL OFFICERS and
GOVERNMENTAL AGENCIES
None
9:05 A.M. 9. PUBLIC ITEMS
A. PUBLIC HEARINGS
BACKUP
PAGES
25-32
33
1. Westminster Presbyterian Church's Request for
Special Exception Use Approval for an Expansion
to a Place of Worship
(memorandum dated November 26, 1997) 34-42
2. AN ORDINANCE OF INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE
ZONING ORDINANCE ON THE ACCOM-
PANYING ZONING MAP FROM CL TO
PD FOR THE PROPERTY LOCATED ON
THE NORTH SIDE OF SR 60 IN THE 8400
BLOCK APPROXIMATELY 650' EAST OF
85TH COURT AND DESCRIBED HEREIN
AND PROVIDING FOR EFFECTIVE DATE
(memorandum dated December 2, 1997) 43-66
3. Proposed Resolution Authorization and Inter-
local Agreement and the Issuance of Revei.ue
Bonds Not to Exceed $60,000,000 by Escambia
Housing Authority
(memorandum dated December 3, 1997) 67-83
B. PUBLIC DISCUSSION ITEMS
Chamber of Commerce Report on Tourism and
Economic Development (includes 8 minute film)
(no backup provided)
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing for
Dec. 16, 1997: Request for Board to Con-
sider Amendments to the County's Neigh-
borhood Revitalization Community Deve-
lopment Block Grant Agreement for Colored
School and Whitfield Subdivisions
(memorandum dated December 3, 1997) 84
2. Notice of Scheduled Public Hearing for
December 16, 1998: Settlement of Claim -
Zuckerman v. Indian River County
(memorandum dated November 26, 1997) 85
10. COUNTY " iMINISTR --ITOR'S MATTERS
None
11.
12.
13.
DEPARTMENTAL MATTERS
A.
B.
C.
D.
E.
Community Development
IWKUP
PAGES
Staff Request for Board Authorization to Solicit Con-
sultant Proposals for Development of a Sebastian
Area -Wide Scrub Jay Habitat Conservation Plan
(memorandum dated December 2, 1997) 86-97
Emergency Services
1. First Amendment to Lease Agreement
Between Indian River County and Talcom,
Inc., to Provide for Tower Co -Location
Agreements with PrimeCo Personal Com-
munications and Sprint Spectrum at the
Bailey Street Tower Site
(memorandum dated December 2, 1997) 98-115
2. Ground Space Lease Between Indian River
County and Sprint Spectrum for Placement
of Telecommunications Equipment on
Existing BellSouth Mobility Tower
(memorandum dated December 2, 1997) 116-124
General Services
None
Leisure Services
None
Office of Management and Budget
None
F. Personnel
None
G.
H.
Public Works
1. Kings Highway Improvements
Kingswood Estates Wall
(memorandum dated December 2, 1997)
2. Kings Highway Improvements Partial
Release of Retainage
(memorandum dated December 2, 1997)
3. Culvert Replacement in Lateral J Canal
and Sub -Lateral J-5 Canal on Highland
Drive SW
(memorandum dated November 19, 1997)
Utilities
None
COUNTY ATTORNEY
Delinquent Assessments
(memorandum dated December 2, 1997)
COMMISSIONERS ITEMS
A. Chairman Carolyn K. Eggert
125-127
128
129-130
131-135
COryK U FA.1, 0J10
13. COMMISSIONERS ITEMS (cont'd )• 09PACE 616 BACKUP
PAGES
B. Vice Chairman John W Tiupin
C. Commissioner Fran B. Adams
D. Commissioner Caroline D. Ginn
E. Commissioner Kenneth R. Macht
14. SPECIAL DISTRICTS/BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
None
C. Environmental Control Board
None
15. ADJOURNMENT
Anyone who may wish to appeal any decision which may be made at this meeting will need
to ensure that a verbatim record of the proceedings is made which includes the testimony and
evidence upon which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the county's
Americans with Disabilities Act (ADA) coordinator at 567-8000 x408 at least 48 hours in advance
gr meeting.
Meeting may be broadcast live on TCI Cable Channel 13 - rebroadcast various times
throughout the week
Falcon Cable Channel 35 - rebroadcast Friday evening
� � s
INDEX TO MINUTES
BOARD OF COUNTY COMMISSIONERS
MEETING OF DECEMBER 9, 1997
1. CALL TO ORDER ............................................... 1
2. INVOCATION .............................................. 1
3. PLEDGE OF ALLEGIANCE ....................................... 1
4. ADDITIONS TO THE AGENDA ................................... 1
5. PROCLAMATIONS AND PRESENTATIONS ......................... 2
6. APPROVAL OF MINUTES .............................. 2
7. CONSENT AGENDA ............................................ 2
7.A. Report ................................................... 2
7.13. Florida Communities Trust Cost -Share Acquisition Agreement Extended -
Purchase of Lost Tree Islands ................................. 2
7.C. King's Highway Improvements Authorized (Oslo Road to 26th Street) -
Amendment No. 6 to Kimley-Horn Agreement .................... 4
7.D. Settlement of Citrus Utilities Case . ............................. 4
7.E. (Clerk's note: There was no item assigned to this letter.)
........................................................ 5
7.F. Public Health Department - Records Storage Expansion - Change Order #1
- E. O. Koch Construction Contract ............................. 6
7.G. Sheriff's Budget Amendment - Broward County Inmate Revenue -
November 1997 ............................................ 7
7.11. Local Law Enforcement Block Grant Program (See also 7.J.) ......... 9
7.I. Parks & Recreation Committee - Coach William Wilson, Jr. Alternate . 10
7.J. Local Law Enforcement Block Grants Program - FY 1997 (see also 7.11.) . 11
7.K. Proclamation - Jeannette Becker Riel ........................... 12
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES .... 13
9.A.1. PUBLIC HEARING - WESTMINSTER PRESBYTERIAN CHURCH - SPECIAL
EXCEPTION USE APPROVAL FOR EXPANSION OF A PLACE OF WORSHIP
............................................................. 13
9.A.2. PUBLIC HEARING - ZONING ORDINANCE AND ZONING MAP
AMENDMENTS - NORTH SIDE OF SR -60 IN THE 8400 BLOCK (HEDIN)
............................................................. 19
9.A.3. ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY - $70,000,000
REVENUE BONDS AUTHORIZED AND INTERLOCAL AGREEMENT .. 35
9.13. PUBLIC DISCUSSION ITEM - CHAMBER OF COMMERCE REPORT ON
TOURISM AND ECONOMIC DEVELOPMENT ...................... 41
HOK 103 FACE 017
r-
618 1
g�, 91 �J 3 F'I�GE
9.C.1. PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED FOR
NEIGHBORHOOD REVITALIZATION COMMUNITY DEVELOPMENT
BLOCK GRANT AGREEMENT FOR COLORED SCHOOL AND WHITFIELD
SUBDIVISIONS ............................................... 44
9.C.2. PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED FOR
SETTLEMENT OF CLAIM - ZUCKERMAN V INDIAN RIVER COUNTY
............................................................. 45
10. COUNTY ADMINISTRATOR'S MATTERS ......................... 45
1 LA. SEBASTIAN AREA -WIDE SCRUB JAY HABITAT CONSERVATION PLAN -
SOLICIT FOR CONSULTANT PROPOSALS ......................... 46
113.1. TALCOM, INC. LEASE AMENDMENT TO PROVIDE CO -LOCATION
AGREEMENTS WITH PRIMECO AND SPRINT AT BAILEY STREET
TOWER SITE ................................................. 49
113.2. GROUND SPACE LEASE WITH SPRINT SPECTRUM FOR
EQUIPMENT PLACEMENT ON EXISTING BELLSOUTH MOBILITY
TOWER...................................................... 51
l l.G.1. KINGS HIGHWAY IMPROVEMENTS - KINGSWOOD ESTATES
WALL....................................................... 53
l l.G.2. KINGS HIGHWAY IMPROVEMENTS PARTIAL RELEASE OF
RETAINAGE - KM,EY-HORN................................... 56
l l.G.3. BID NO. 8020 - CULVERT REPLACEMENT IN LATERAL J CANAL
AND SUB -LATERAL J-5 CANAL ON HIGHLAND DRIVE SW - SHELTRA &
SON......................................................... 57
12. COUNTY ATTORNEY - DELINQUENT ASSESSMENTS VARIOUS SPECIAL
PROJECTS................................................... 61
13.D. ST. JOHNS RIVER - AMERICAN HERITAGE RIVER ................. 64
December 9, 1997
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1840 25' Street, Vero Beach, Florida, on
Tuesday, December 9, 1997. Present were Carolyn K. Eggert, Chairman; John W. Tippin,
Vice Chairman; Fran B. Adams; Kenneth R. Macht, and Caroline D. Ginn. Also present
were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and
Patricia Ridgely, Deputy Clerk.
1. CALL TO ORDER
The Chairman called the meeting to order at 9:00 a.m.
2. INVOCATION
Commissioner Ginn gave the invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Eggert led the Pledge to the Flag.
4. ADDITIONS TO THE AGENDA
Chairman Eggert requested the addition of the following:
7.J. Local Law Enforcement Block Grant
7.K. Proclamation - Jeanette Becker Riel
13.D. St. Johns River - American Heritage River
Chairman Eggert noted there was no 7.E. and there was a correction in the amount of
9.A.3. which should have been $70,000,000 not $60,000,000.
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Tippin, the Board unanimously added the above
items to the Agenda and noted the correction.
1
December 9, 1997
CL1K 103 PnEGIO
bell PAWu
5. PROCLAMATIONS AND PRESENTATIONS
None. (See 7.K. below)
6. APPROVAL OF MINUTES
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of November 18, 1997. There were none.
ON MOTION by Commissioner Ginn, SECONDED BY
Commissioner Tippin, the Board unanimously approved the
Minutes of the Regular Meeting of November 18, 1997, as
written and distributed.
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of November 25, 1997. There were none.
ON MOTION by Commissioner Tippin, SECONDED BY
Commissioner Ginn, the Board unanimously approved the
Minutes of the Regular Meeting of November 25, 1997, as
written and distributed.
7. CONSENT AGENDA
7.A. Report
Received and placed on file in the office of the Clerk to the Board:
Report of Convictions - November 1997
7.B. Florida Communities Trust Cost -Share Acquisition Agreement Extended -
Purchase of Lost Tree Islands
The Board reviewed a Memorandum of December 2, 1997:
2
December 9, 1997
TO: James E. Chandler
County Administrator
DE RTMENT HEAD CONCURRENCE:
Robert M. -keatin'g,-Alqp/
Community Development Director
FROM: Roland M. DeBlois,P
Chief, Environmental Planning
DATE: December 2, 1997
RE: Request that the Board Approve an Extension to the Florida Communities Trust
(FCT) Cost -Share Acquisition Agreement for Purchase of the Lost Tree Islands
It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at
its regular meeting of December 9, 1997.
DESCRIPTION AND CONDITIONS
Staff requests that the Board of County Commissioners authorize the Board Chairman to execute the attached
"Addendum VII to the Conceptual Approval Agreement" for the Lost Tree Islands (FCT Project #93-001-P3A).
This Addendum extends the FCT W= award expiration date for the Lost Tree Islands project to June 4, 1998, to allow
for father negotiations. The document formalizes the FCT Governing Body's approval of county staff s request for an
extension, which approval occurred at the FCT Governing Body's meeting on November 19, 1997.
Acquisition Status
Earlier this year, the City of Vero Beach and the Town of Indian River Shores, in which municipalities the property
is located conceptually agreed to amend their comprehensive plans to address land use development density and bridge
access issues that relate to pending litigation. Subsequently, there has been substantial correspondence and activity
between Lost Tree Village Corporation and the DCA regarding litigation issues that affect the use and therefore the
value of the Islands.
On November 17, 1997, FCT staff met with representatives from the County, Town, and City that are on the project's
confidentiality list. At that meeting, FCT staff clarified the status of negotiations, and generally indicated that a revised
offer to Lost Tree Village Corporation would be forthcoming.
RECOMMENDATION
Staff recommends that the Board of County Commissioners authorize the Board Chairman to execute the attached
agreement addendum, and authorize staff to coordinate with the Town of Indian River Shores and the City of Vero
Beach for approval of the addendum by those municipalities.
ATTACHMENTS
Addendum VII to the Conceptual Approval Agreements relating to County/State acquisition
of the Lost Tree Islands.
December 9, 1997
E,c o
509K —103 PACEO
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Ginn, the Board unanimously authorized the
Chairman to execute the proposed agreement addendum and
authorized staff to coordinate with the Town of Indian River
Shores and the City of Vero Beach for approval of the
addendum by those municipalities, as recommended in the
memorandum.
COPY OF PARTIALLY EXECUTED
ADDENDUM VII TO CONCEPTUAL APPROVAL AGREEMENT IS
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7. C. Mng's Higltway Improvements Autltori�ed (Oslo Road to 26tH Streets -
Amendment No. 6 to Kimley Hort Agreement
The Board reviewed the Amendment to the Engineering Land Surveying Services
Agreement with Kimley-Horn & Associates, Inc.
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Ginn, the Board unanimously authorized
Amendment No. 6 to the Kimley-Horn Agreement as presented.
AMENDMENT NO. 6 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.D. Settlement of Citrus Utilities Case.
The Board reviewed a Memorandum of December 2, 1997:
S
December 9, 1997
TO: Board of County Commissioners
a�)"�Ut7�
FROM: Charles P. Vitunac, County Attorney
DATE: December 2, 1997
RE: SETTLEMENT OF THE CITRUS UTILITIES CASE
As part of the acquisition of the City of Sebastian utility system by Indian River
County, the County inherited a lawsuit and became a party in a case regarding
capacity in the Citrus Utilities plant. However, the contract between the City and
the County held the County harmless from this lawsuit and required Sebastian to
defend the County. The lawsuit has recently been settled at no cost or impact to
Indian River County. As part of this settlement all parties hold the others harmless
from any future actions relating to the lawsuit. It is therefore requested that the
Board of County Commissioners authorize the Chairman to execute the attached
specific release. A copy of the complaint and settlement are attached.
Recommended Action: We recommend that the Board of County
Commissioners authorize the Chairman of the Board to execute the attached
specific release as part of a total and general settlement of the Citrus Utilities
lawsuit at no cost to the County.
Attachments
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Ginn, the Board unanimously authorized the
Chairman to execute the specific release as part of a total and
general settlement of the Citrus Utilities lawsuit at no cost_to the
County, as recommended in the Memorandum.
GENERAL RELEASE IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.E. (Clerk's note: There was no item assigned to this letter.)
5
December 9, 1997
PAGE 62 ,
6bDK �` 96
7.F Public Health Department -Records Storage Expansion - Change Order
#1- E. O. Koch Construction Contract
The Board reviewed a Memorandum of December 1, 1997:
TO: James Chandler
County Administrator
THRU: H.T. "Sonny" Dean, Direct
Department of General Services
FROM: Lynn Williams, Superintenden
Buildings & Grounds
DATE: December 1, 1997
SUBJECT: Records/Storage Expansion - Public
Change order #1
DESCRIPTION AND CONDITIONS:
Health Building
Consent Agenda
The Contract for the Record/Storage Expansion at the Indian
River County Public Health Building was approved by the Board of
county Commissioners on August 26, 1997. The original contract
amount was $106,200 including additive alternates accepted.
The Health Department is replacing carpet in a portion of the
first floor clinic areas independent of the Records Storage
Expansion. In order to maintain the quality and style of carpet in
the facility, staff requested the Contractor to extract the cost of
flooring from the Expansion Contract (deduct change order). The
Health Department proposes to provide flooring through the vendor
performing work in other areas.
ALTERNATIVES AND ANALYSIS:
The change to deduct flooring will not affect the contract
time or completion date. Coordination of the State Contract Carpet
Vendors installation will be handled by Buildings & Grounds Staff.
RECOMMENDATION AND FUNDING:
Staff and the Architect, Dow -Howell -Gilmore recommend approval
of Change order #1 in the amount of ($3,300) deduct. New contract
amount will be $102,900. No funding is required.
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Ginn, the Board unanimously approved
Change Order #I with E. 0. Koch Construction in the amount
of ($3,300) deduct, as recommended in the Memorandum.
CHANGE ORDER #1 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
C -
December 9, 1997
7.G. Sheriff's Budget Amendment - Broward County Inmate Revenue -
November 1997
The Board reviewed letters dated December 3 and December 8, 1997:
sheriff
GARY C. WHEELER • INDIAN RIVER COUNTY
MEMBER FLORIDA SHERIFFS' ASSOCIATION
MEMBER OF NATIONAL SHERIFFS' ASSOCIATION
4055 41st AVENUE VERO BEACH, FLORIDA 32960-1808 PHONE (561) 569-6700
December 3, 1997
The Honorable Carolyn K. Eggert, Chairman
Board Of County Commissioners
Indian River County
1840 25 h Street
Vero Beach, FL 32960-3394
Re: Budget Adjustment, Broward County Inmate Revenue
Dear Mrs. Eggert:
RECEIVE
DEC 0 3 1997
BOARD OF COUNTY
COMMISSION
This letter is a request to amend our 1997-98 Operating Budget by $115,920. These funds
represent the revenue generated from the housing of Broward County inmates for the month of
November, 1997. The monies will replace Corrections funds used to house the Broward
inmates, fund the operation of our Aviation component, purchase Capital Outlay items and
Phase in the New Positions as discussed during the 1997-98 budget hearings.
The budget amendment will be distributed as follows:
Law Enforcement Salaries
$ 8,601
(Aviation Component)
Law Enforcement Expense
12,264
(1/12 of Aviation Budget)
Law Enforcement Capital
56,415
(Vehicles, Corrections Trucks)
Corrections
38.640
Total
$115,920
I am requesting this item be placed on the "Consent Agenda" for your December 9, 1997
meeting.
If you have any questions or any further information is required, please let me know.
Sincerely,
G
Gary C. Wheeler, Sheriff -�
The 173rd Internationally Accredited Law Enforcement Agency
Accredited by the Commission on Accreditation for Law Enforcement Agencies, Incorporated .�,�
7
December 9, 1997
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L'E Pr•1 i_ 11 r P rF-'i'LLEF' _.EF": I C= E'=• 1 = 0 1 Z. T:= i 2 3 F'. 0 1
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6f)erfffN+- 9•
GARY C. WHEELER III INDIAN RIVER COUNTY
MEua&R =LOP 10A S■"e4.ccs ASS^7.A'I::N
'.IF6�P.Fa'3='!ATIA4.,_ 3HEF PFG ..-:J•_ ►.
40�r. 4t.^.t AVFNu•1F VERA EIEACH, FLORIDA 32960-1808 PHONE (.-Al) 5811 8700
December 8, 1907
Post -It' brand fax transmittal memo 7671 0 of Pws'
Mrs. Caroline Ginn
County Commissioner
Indian River County
184025 h Street
Vero Beach, FL 32960-3394
Re: Budget Adjustment, Broward County Inmate Revenue
Dear Mrs. Ginn:
RECEIVED
DEC �ssq 1997
CLERK TO THE BOARD
This letter is in reply to your request for additional information relating to the Broward County
rc%•cnuc for the month of November, 1997.
I will address each question as presented:
1. What was the number of Broward County prisoners for the month.
Response: The average Broward County population was 85.9 prisoners.
2. NVhat is included in the Capital Outlay amount?
Response: The $56,415 will be used to purchase hvo (2) Ford F250 pickup trucks for the
Corrections work squads.
The Corrections amount of $38,640 represents the $15 cost per day per inmate to house the 85.9
prisoners.
I trust (lie ,above inforniation adequately answers your questions. 1 will be attending your ;
meeting tomorrow should you have any further questions.
• +r' /
Sincerely: CommissbneR � �/
Administrator
Gary C. Wheeler, Sheriff RECEIVED Atttsmey
Pefsonnel
� DEC 0 8 1997 Public works
kich:Ircl Dees, Comptroller Community Dev.
P utines
BOARD OF COUNTY Finance
cc: Sheriff Gary Wheeler COMMISSION ome
t: ndcrshcriff Jin, Davis Energ. smw
Risk
Other
The 173rd Internationally Accredited Law Enforcement Agency '
Accredited by the Commission on Accreditation for Law Enforcement Agencies, Ineomwated ��
8
December 9, 1997
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Ginn, the Board unanimously approved an
amendment to the Sheriff's 1997-98 Operating Budget in the
amount of $115,920 which represents revenue from housing
-award County inmates for November, 1997, as requested.
7.H. Local Law Enforcement Block Grant Program (See also7.J.1
The Board reviewed a Letter of December 2, 1997:
6406T. tf f
GARY C. WHEELER e INDIAN RIVER COUNTY
(� MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFSASSOCIATION
4055 41 st AVENUE VERO BEACH, FLORIDA 32960-1808 PHONE (561) 569-6700
December 2, 1997
The Honorable Carolyn K. Eggert, Chairman
Board of County Commissioners
1840 25th Street
Vero Beach, Florida 32960-3394
Dear Mrs. Eggert:
RECEIVED
DEC 0 3 1997
BOARD OF COUNTY
COMMISSION
The Department of Justice, Local Law Enforcement Block Grant Program, requires the signature
of the County's "Chief Executive Officer" on the attached "Follow -Up Information Form".
This form reports on activities required by the special conditions of the grant in regards to public
hearings. Should this be required to go before the Board of County Commissioners, I would like
to ask that you please place it on the consent agenda at the December 9, 1997, meeting.
Should you have any questions, feel free to contact Sandy Shields at 569-6700, ext. 396. Thank
you for your assistance.
Sincerely,
,6 , e Azrj,
Gary C. Wheeler, Sheriff
z
December 9, 1997
r- I
bo F
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Ginn, the Board unanimously authorized the
Chairman to sign the Follow -Up Information Form as
submitted by the Sheriff's office with regard to the Local Law
Enforcement Block Grant Program, as requested.
COPY OF FOLLOW-UP INFORMATION FORM
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.I. Parks & Recreation Committee - Coach William Wilson, Jr. Alternate
The Board reviewed a letter of December 1, 1997:
1.1997
Commissioner Fran B. Adams, Chairman
Parks and Recreation Advisory Committee
1840 25th Street
Vero Beach, Florida 32960
Dear Commissioner Adams:
The Progressive Civic League of Gifford, Fla., Inc. wish to submit to the Parks
and Recreation Advisory Committee the name of Coach William (Bill)
Wilson, Jr. as the alternate to Mr. James C. Jenkins. g�/%/ 5-;7-V_- Gt
Sincerely,
RECEIVEL.:
Ka rine E. WTashington, Secretary DEC 0 2 1997
10
December 9, 1997
BOARD OF CO'T-4 i Y
COMMISSION
� � r
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Ginn, the Board unanimously appointed Coach
William (Bill) Wilson, Jr. to serve as alternate to James C.
Jenkins to the Parks and Recreation Advisory Committee, as
requested.
7. J. Local Lav Enforcement Block Grants Program - FY 1997 (see also 7.H.-)
The Board reviewed a Letter of September 30, 1997:
U.S Department of J
v Office of Justice Progi
Office of the Director
September 30, 1997
Carolyn Eggert
County Executive
County of Indian River
1840 25th Street
Vero Beach, FL 32960
Bureau of Justice AsA
ili *ingwn. QC 20531 K 6 h : V F2.E:
RE: FY 1997 Local Law Enforcement Block Grants Program
Dear Mrs. Eggert:
DEC 0 4 1997
BOARD OF COUNTY
COMMISSION
I am pleased to inform you that the Bureau of Justice Assistance (BJA) has approved
the County of Indian River's application for funding under the Local Law Enforcement
Block Grants (LLEBG) Program, in the amount of $89,249. The purpose of the
LLEBG Program is to reduce crime and improve public safety. This Block Grant
Award may be used for any of the Purpose Areas described in the statute.
Enclosed you will find the Grant Award and Special Conditions documents. Please
sign these forms and return a copy to the LLEBG Control Desk, 4th Floor, BJA, 810
7th Street, NW, Washington. D.C. 20531. If you have any questions in regard to this
award, or if BJA can be of further assistance to you, please do not hesitate to contact
the Grants Administration Branch, Local Law Enforcement Block Grants Program
Division at (202) 305-2088.
I look forward to a continuing partnership with the County of Indian River in
furtherance of this important criminal justice program.
Sincerely yours,
W -e- ►Jfi
Nancy E. Gist
Director
Enclosures 11
December 9, 1997
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Ginn, the Board unanimously authorized the
Chairman to sign the Grant Award and Special Conditions
documents, as outlined in the letter.
COPY OF GRANT AWARD IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
ZK. Proclamation - Jeannette Becker Riel
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Ginn, the Board unanimously proclaimed
December 10, 1997 as Jeanette Becker Riel Day in Indian
River County.
PROCLAMATION
DESIdNATING DECEMBER 10, 1997 rrEM -7.1<
AS JEANETTE BECKER RIEL DAY
IN INDIAN RIVER COUNTY, FLORIDA
WHEREAS, JEANETTE BECKER RIEL joined forces with the
Women's Suffrage movement in 1919 and marched for women's rights;
and
WHEREAS, JEANETTE BECKER RIEL was associated with the
national, state and local election system, and appointed to the
Missouri State and National Business and Professional Women in 1920; and
WHEREAS, JEANETTE assisted with actions leading to the ratification
of the nineteenth amendment to the Constitution in 1920, and she was
instrumental in helping many responsible women of high integrity run
for and win elections to offices of leadership; and
WHEREAS, JEANETTE has exhibited complete understanding of the
grass-roots process and its use in turning people out to vote. She has
been a tireless organizer of volunteers and precinct workers, and
has inspired more people and stuffed more envelopes than anyone
in the Republican Party of Florida or Indian River County; and
WHEREAS, her work as State Committeewoman has meant great
gains for men and women in the Republican Party; and
WHEREAS, JEANETTE BECKER RIEL received many honors for her party
affiliation and worked diligently to make the world a better place
for Republican men and women to take their part in leadership:
NOW, THEREFORE, BE IT PROCLAIMED by the Indian River County Board
of County Commissioners that December 10, 1997 be designated as
JEANETTE BECKER RIEL DAY
in Indian River County, and that she be honored by all the citizens of
this community for her dedication to the revolution of women in
leadership.
Presented December 10, 1997, and made part of the permanent record
of Indian River County at the Board of County Commissioners meeting held
on December 9, 1997.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Carolyng. Egger hairman
12
December 9, 1997
0 9X
_ M M
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
None.
9.A.1. PUBLIC HEARING - WESTMINSTER PRESBYTERIAN
CHURCH - SPECIAL EXCEPTION USE APPROVAL FOR
EXPANSION OFA PLACE OF WORSHIP
PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the ur�sfgned authority personally appeared Darryl K. Hicks who ori
oath says that he Is President of the PressJoumal, a daay newspaper p at Vero Beach
In Irxlian River County, Flora; that the flttedted copy of advertisement,
beftV
In the matter of \ -rYu/ vt
In thee Court was pub-
/�
Oshed In said newspaper in the issues of C�L��
Affiant further says that the said PrassJournel Is a newspaper pub0sted at Vero Beach in
said Indian River County, Florida, and that the said
continuously a been
pulAshed In said Indian River County, Florida, newspaper da and has been
entered as
=U doss mall matter at the past office In Vero Beach, In said Indian River
dv
advertisement a period � affiant kfter all thayear ren t
the first w poi no of mi atta c of
or tion sets that he has naltler paid nor promised arty pmon, firm
advf� motion in said newspaper.
ate. 00mmission or refund for the purpose of securing thds
..............
to aiid before me # cit day o{
o * MY COMMISSION EXPIRES
MARY 01.2001
= o ; COMM. N0. [[611092
�j1fC, S7A����
°4p.Y.Y...PPOP
December 9, 1997
IQMBERLYANN LATS
Notary Public. State of Florida
My Commission Exp. Jan. 01, 2001
Comm. No. CC 611(
Personally Known ❑ or Produced ID ❑
Type of ID Produced
13
NOTICE OF PUBLIC HEARING
Notice of hearing to consider the
granting of special exception
approval for an addition to an
existing place of worship. The sub-
ject property is presently owned by
Westminster Presbyterian Church
and is at 2555 58th Avenue
located in section 05, Township
38, and Range 39. See the above
map for the location.
A public hearing at which parties
in interest and citizens shall have
an opportunity to be heard, will be
held by the Board of County Com-
missioners of Indian River County,
Florida, in the County Commission
Chambers of the County Adminis-
tration Building, located at 1840
25th Street, Vero Beach, Florida on
Tuesday, December 9, 1997 at
9:05 a.m.
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 pro-
ceedings is made, which includes
the evidence and testimony upon
which fhe appeal will be based.
Indian River County
Board of County Commissioners
By: -s-Carolyn K. Eggert
November 26, 1997 1211703
E' v �..
,.cam �::
r�
NOTICE OF PUBLIC HEARING
Notice of hearing to consider the
granting of special exception
approval for an addition to an
existing place of worship. The sub-
ject property is presently owned by
Westminster Presbyterian Church
and is at 2555 58th Avenue
located in section 05, Township
38, and Range 39. See the above
map for the location.
A public hearing at which parties
in interest and citizens shall have
an opportunity to be heard, will be
held by the Board of County Com-
missioners of Indian River County,
Florida, in the County Commission
Chambers of the County Adminis-
tration Building, located at 1840
25th Street, Vero Beach, Florida on
Tuesday, December 9, 1997 at
9:05 a.m.
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 pro-
ceedings is made, which includes
the evidence and testimony upon
which fhe appeal will be based.
Indian River County
Board of County Commissioners
By: -s-Carolyn K. Eggert
November 26, 1997 1211703
E' v �..
,.cam �::
Q K F,��L16e
Planning Director Stan Boling reviewed a Memorandum of November 26, 1997
with the aid of an area map projected on the ELMO:
TO: James Chandler
County Administrator
DPIION HEAD CONCURRENCE:
Obert M. Keating, AIqP
Community Development Director
THROUGH: Stan Boling, AICP
Planning Director
FROM: Eric Blad X!�
Staff Planner, Current Development
DATE: November 26, 1997
SUBJECT: Westminster Presbyterian Church's Request for Special Exception Use Approval for
an Expansion to a Place of Worship
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of December 9, 1997.
DESCRIPTION AND CONDITIONS:
John Dean, Architect and Associates, P.A. has submitted an application for major site plan approval
and special exception use approval on behalf of the Westminster Presbyterian Church to expand an
existing place of worship at 2555 58th Avenue. The proposed expansion consists of a 9,142 square
foot building addition to be constructed in two phases. Phase 1 will include construction of a 7,148
square foot sanctuary, parking, stormwater management areas, and all required landscaping. Phase
2 will provide for a 1,994 square foot office and Sunday school classroom addition. Since the site
is located within an RS -6 zoning district and the proposal would expand the existing building area
by more than 10%, special exception use approval must be granted for the expansion.
At its November 13, 1997 meeting, the Planning and Zoning Commission voted 5 to 0 to recommend
that the Board of County Commissioners grant special exception use approval. The Board is now
to approve, approve with conditions, or deny the special exception use request. Pursuant to Section
971.05 of the LDRs, the Board is to consider the appropriateness of the requested use for the subject
site and surrounding area, and may attach any conditions and safeguards necessary to mitigate
impacts and to ensure compatibility of the use with the surrounding area.
At its November 13, 1997 meeting, the Planning and Zoning Commission also granted major site plan
approval subject to the Board of County Commissioners granting special exception use approval and
any conditions that may be attached to that approval. Therefore, the major site plan approval will
become effective if and when the Board grants special exception use approval.
14
December 9, 1997
ANALYSIS:
1. Zoning Classification: RS -6, Single Family Residential (up to 6 units per acre)
2. Land Use Designation: Low Density 2 (up to 6 units per acre)
3. Surrounding Land Use and Zoning:
North: Vacant/RS-6
South: Residential (Rivera Estates)/RS-6
East: 58th Avenue, vacant/RM-8
West: Vacant/RS-6
4. Total Site Area: 204,248 sq. ft. or 5.58 acres
5. Building Area: Existing: 3,984 sq. ft.
Sanctuary addition: 7,148 sq. ft.
Office/classroom addition: 1.994 sq. ft.
Total: 13,126 sq. ft.
6. Impervious Surface: Existing: 51,740 sq. ft.
Increase: 29.046 sq,. ft.
Post Development: 80,786 sq. ft.
7. Open Space: Required: 40%
Provided: 60%
Note: In accordance with the LDRsthe site plan data tabulations for impervious surface area
and open space do not credit grass parking spaces toward meeting the site's open space
requirement.
S. Traffic Circulation: The site will continue to utilize an existing two-way driveway access
from 58th Avenue, without change. The proposed traffic circulation plan provides for a two-
way paved driving aisle, approximately 300' in length, that will connect existing driving aisles
so as to complete a two-way looped traffic plan through the site. Along the proposed ±300'
driving aisle,new stabilized (grass) parking will be provided.
The county traffic engineer has accepted the traffic impact statement submitted with the site
plan and has determined that no off-site improvements are required to mitigate roadway
impacts generated by the proposed project. The traffic engineer has also accepted the
internal circulation plan, continued use of the existing site access, and has no objection to
approval of the submitted major site plan request.
9. Off -Street Parking: Required: 99 spaces
Provided: 103 spaces
10. Stormwater Management: The stormwater management plan has been approved by the
Public Works Department, and a Type "A" stormwater permit will be issued prior to release
of the approved site plan.
11. Utilities: The site is currently serviced by county utilities for potable water. County
wastewater service is now available to the site,and mandatory connection is required. A
Utilities Services Department wastewater service connection permit for the project will be
issued prior to site plan release. Therefore, the Utilities Services Department and the county
Health Department have no objection to site plan approval.
15
December 9, 1997
12. Dedications & Improvements: The county has acquired 35' of 58th Avenue right-of-way
from Westminster Presbyterian Church property along 58th Avenue, completing the 130'
ultimate right-of-way required by the county thoroughfare plan. All proposed and existing
improvements on the site accommodate the purchase of right-of-way for setbacks from the
ultimate 58th Avenue right-of-way. A sidewalk along the site's 58th Avenue frontage is a
required improvement and has been depicted on the site plan.
14. Landscaping and SR 60 Corridor Plan: The subject site lies within the boundaries of the
SR 60 corridor plan. Pursuant to the LDRs and the corridor plan, when sites originally
developed prior to the implementation of the corridor plan (such as Westminster) are re-
developed or expanded, the area of new development shall comply with the corridor plan
standards. For this site plan proposal, the following corridor plan standards have been
applied:
a. Roadway Landscaping: Within the boundaries of the corridor plan, special roadway
buffers are required for the development of sites fronting roadways, such as 58th
Avenue, identified as Thoroughfare Plan Roads. Existing landscaping along the site's
58th Avenue frontage is dispersed through an area approximately 80' wide. Staff has
determined the quantity and dispersal of existing plant material along the project's
58th Avenue frontage satisfies the corridor plan roadway buffer requirements.
b. Foundation Plantings: The landscape plan provides a variety of foundation planting
material and ground cover around the new sanctuary.
C. Architectural Features: The architectural features of the proposed additions, as well
as the existing building, provide entry and window features that present a multi-plane
articulated appearance consistent with the corridor plan. Furthermore, the proposed
building colors are consistent with the corridor plan.
d. Signs: The existing freestanding sign on the site is a monument style sign that satisfies
the corridor plan sign standards.
It is staffs determination that existing and proposed landscaping, building features and colors,
and the existing monument style sign conform to SR 60 corridor plan requirements. Also, all
Chapter 926 landscape requirements are satisfied.
15. Specific Land Use Criteria: The following specific land use criteria apply to a site plan
application for a place of worship within the RS -6 zoning district:
a. No building or structure shall be located closer than thirty (30) feet to any property
line abutting a residential use or residentially designated property;
Note: All setbacks exceed 30'.
b. Access shall be from a major thoroughfare unless otherwise approved by the public
works department;
Note: Access is from 58th Avenue, a principal urban arterial roadway.
C. Any accessory residential use, day care facility or school upon the premises shall
provide such additional lot area as required for such use by this section and shall
further be subject to all conditions set forth by the reviewing procedures and
standards for that particular use. Accessory residential uses may include convents,
monasteries, rectories or parsonages as required by these regulations;
December 9, 1997
_ M
Z
M o r
Note: None are proposed.
d. Type "C" screening shall be provided along all property boundaries where the facility
is located adjacent to a single family residentially designated property. Type "D"
screening shall be provided along all property boundaries when the facility is located
adjacent to a multiple -family residentially designated property.
Note: The site abuts single family zoned property (RS -6) to the north and south. The
proposed site plan provides for the required Type "C" buffer, using existing and
proposed vegetation.
All of the above specific land use criteria have been satisfied by this site plan application.
RECOMMENDATION:
Based on the analysis performed, staff recommends that the Board of County Commissioners grant
special exception use approval for the proposed addition to an existing place of worship.
ATTACHMENTS:
1. Application
2. Location Map
3. Site Plan
4. Planning and Zoning Commission Minutes of November 13, 1997
17
December 9, 1997
i
EOOK PACE'
The Chairman opened the public hearing and asked if anyone wished to be heard
in this matter.
John Dean, architect for the Westminster Presbyterian Church, advised that he
and Reverend Bill Kelley were present to answer any questions the Commissioners may
have.
The Chairman asked if there were any questions; there were none.
It was determined that no one else wished to be heard and the Chairman closed the
public hearing.
ON MOTION by Commissioner Ginn, SECONDED BY
Commissioner Adams, the Board unanimously granted the
special exception use approval for the proposed addition to an
existing place of worship, as recommended by staff.
18
December 9, 1997
9.A.2 PUBLIC HEARING - ZONING ORDINANCE AND ZONING
MAP AMENDMENTS - NORTH SIDE OF SR -60 IN THE 8400 BLOCK
HEDI
aaa
PRESS -JOURNAL
NOTICE OF PUBLIC HEARING
Notice of hearing to consider
Published Daily
the adoption of a county ordinance
rezoning request from CL
Vero Beach, Indian River County, Florida
Dewed
Commercial) to PD (Planned Devel-
which would allow conve-
COUNTY OF INDIAN RIVER:
nience store with fuel sales, fast
Before the appeared �published who on
authority �mal,�a
foc4, office, and mini -storage uses.
oath says that Presidentofof the Press,loudaily newspaper
in Indian River County, Florida: that the attached copy of advertisement being
Tiro subject property is presently
owned by Karl D. Hedin, Norman
D. Hedin, and Keith D. Hedin, and
located in Section 2, Township 33
In the matter of
and Range 38. See the above map
for the location.
A public hearing at which par-
ties in interest and citizens shall
in the Court, was pub-
have an opportunity to be heard,
n
:
will be held by the Board of
County Commissioner of Indian
fished In said newspaper In the issues of
River County, Florida, in the
County Commission Chambers of
the County Administration Building,
Affiant further says that the said PressJoumal is a newspaper published at Vero Beach, In
located at 1840 25th Street, Vero
said Indian River County. Florida' and that the said newspaper has heretofore been
continuously published In said Indian River County, Florida, each dally and has been entered as
Beach, Florida on Tuesday,
ay, Decem-
sec ord class mall matter at the post office In Vero Beach, in said Indian River County, Florida,
ber 9, 1997 at 9:05 a.m.
for a period of one year next preceding the first publication of the attached copy of
Please direct planning -related
advertisement; and affiant further says that he has neither pad nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
questions to the current develop-
adverbsement for publication In said newspaper.
meat planning section at 567-
67-
........
°°°°°° tv . °°°°° �- -
�end� before me this � ' day of : t 1
8000, ext. 242.
Anyone who may wish to
appeal any decision which may be
MYCO t9 :
made at this meeting will need to
y>Ngyow1 �v�ads . o
o
ensure that a verbatim record of
a t CommCC61)09? °
the proceedings is made, which
'99�•. :Qa=
includes testimony and evidence
Notary Public, State of Florida
"'.T'���•STA a�EN, My Commission Exp. Jan. 01, 2001
upon which the appeal is based.
ANYONE WHO NEEDS A SPE-
°64ytl■Y°°°°°pH Comm. No. CC 611092
Personally Known ❑or ProducedlD ❑
CIAL ACCOMMODATION FOR
Type of ID Produced
THIS MEETING MUST CONTACT
THE COUNTY'S AMERICANS
WITH DISABILITIES ACT (ADA)
COORDINATOR AT 567-8000
X223 AT LEAST 48 HOURS IN
ADVANCE OF THE MEETING.
INDIAN RIVER COUNTY
BOARD OF COUNTY
COMMISSIONERS
BY -s -Carolyn K. Eggert,
Chairman
Nov. 26,1997 1209681r
19
December 9, 1997
.a L r '�
E OUB 3 Pr;��fy
03 F�,�GE AJC V
Planning Director Stan Boling reviewed a Memorandum of December 2, 1997
with the aid of an area map and landscape plan projected on the ELMO:
TO: James Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
; /2'/ AYr
Robert M. Keating, AIq.P
Community Developm6 DireE or
THROUGH: Stan Bolmg, AICP
Planning Director
FROM: John W. McCoy, AICP/n .'�
Senior Planner, Current Development
DATE: December 2, 1997
SUBJECT: Hedins' Request to Rezone Approximately 4.64 Acres from CL to PD Commercial
and Receive Concurrent Planned Development Conceptual Plan Approval
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of December 9, 1997.
DESCRIPTION & ONDITIONS:
This is a request by Karl, Keith, and Norman Hedin, through their agent Mosby & Associates, Inc.,
to rezone approximately 4.64 acres from CL (Limited Commercial) to PD (Planned Development)
commercial. The subject site is located on the north side of SR 60 immediately east of the Citrus
Ridge Post Office project. The purpose of this request is to secure the proper zoning to construct
a convenience store/fast food restaurant with drive through, fuel sales, a car wash, an office building,
and a mini storage facility.
Planning and Zoning Commission Action
At its regular meeting of November 13, 1997, the Planning and Zoning Commission voted
unanimously (5-0) to recommend that the Board of County Commissioners approve the 4.64 acre
rezoning from CL to PD (see attachment #8). The Planning and Zoning Commission also
recommended approval of the conceptual plan with changes to two staff recommended conditions.
Those changes allow the opaque feature required at the site's northern property boundary to be 6'
above grade at the property line (rather than 6' above the grade of the proposed building), and specify
where additional foundation plantings are needed. Also, the Planning and Zoning Commission
added two conditions. The two conditions include: requiring the plan to meet all aspects of the SR
60 corridor plan, and providing an access easement for the interconnected parking.
The pending ordinance invoked by the Board in July for the proposed landscape ordinance changes
allows the Planning and Zoning Commission to specify the type of material and the measurement
criteria for required opaque features. As part of its approval recommendation for this project, the.
Planning and Zoning Commission allowed the 6' opaque feature to be measured from the grade at
the property line and required the opaque feature to be a masonry wall. While the application was
20
December 9, 1997
_ M M
submitted after the adoption of the SR 60 corridor plan and is subject to all corridor plan criteria, the
Planning and Zoning Commission wanted to add a condition expressly stating that the conceptual
plan would comply with the SR 60 corridor plan. The Planning and Zoning Commission also
wanted to ensure that the access easement indicated in the staff report would be provided and has
recommended a condition that the easement be provided prior to or via the final plat. Staff has
modified its recommendation to incorporate the modified and additional conditions recommended
by the Planning and Zoning Commission. Thus, the recommendation at the end of this report
represents the recommendation of both staff and the Planning and Zoning Commission.
Zoning and Development Approval Process
Presently, the subject site is zoned CL (Limited Commercial), a zoning designation which does not
allow drive through restaurants and has certain restrictive, specific land use criteria for mini storage
buildings. Because the applicant wishes to exceed some of these CL zoning district regulations, the
applicant must rezone the property to proceed with the development as proposed. Consequently, the
applicant has requested that the subject property be rezoned to the PD (Planned Development)
district.
In choosing to rezone the subject property to PD Commercial Retail, the applicant has elected one
of two options available to him. Either of these two options, if approved, would allow the applicant
to proceed with his project, as proposed. The applicant chose not to request that the site be rezoned
to CG (General Commercial). If the site were rezoned CG, all uses permitted wifl-in the CG zoning
district, including drive through restaurants and department stores over X00 square feet,
unenclosed auction facilities, car dealerships and used car dealerships, could be allowed on the site.
Staff urged the applicant not to apply for CG zoning, but instead to apply for a PD rezoning.
In opting not to pursue the traditional rezoning, the applicant instead has chosen to rezone the entire
property to the PD zoning district. This option can also provide for approval of the proposed uses.
Incorporated as a new zoning district when the LDRs were first adopted in 1991, the PD zoning
district has been used a few times in the county. Unlike all other zoning districts, the PD district has
no specific size or dimension criteria and no specific list of allowed uses. Instead, the PD district
relies on the underlying land use plan designation for use and intensity limitations. As to setbacks
and other typical zoning district regulations, these are established in the PD zoning district on a case
by case basis through approval of a conceptual PD plan. Adopted as part of the PD zoning for a
property, the conceptual plan serves as the zoning standard for the site.
A rezoning to the PD district includes the submission of a binding conceptus; =°D plan which, along
with certain PD district requirements, limits uses and sets -forth specific dei ' opment standards on
the site. Thus, a PD rezoning will allow a unique adaptation of the PD district to the subject site.
In this case, the proposed conceptual PD plan proposes a convenience store/fast food restaurant with
drive through and fuel sales, an office building, a mini storage facility, a car wash, and other
accessory facilities. It also proposes related parking, drainage, landscaping, and buffering
improvements. The applicant is proposing to rezone the property to PD in order to allow the drive
through restaurant and car wash, and the mini storage use. Aspects of the conceptual plan are
addressed in the plan analysis section of the staff report.
In planning staff's opinion, the PD rezoning option is the best alternative in this case. Unlike other
zoning districts, the PD rezoning option allows the county to consider the appropriateness of the
proposed development while giving the county a significant amount of control over certain aspects
of site development.
21
December 9, 1997
J Fa,GE06
The PD rezoning review, approval, and development process is as follows:
Step 1. Rezoning and conceptual PD plan approval: review and recommendation made by
staff and the Planning and Zoning Commission. Final action by the Board of County
Commissioners.
Step 2. Preliminary PD plan (combination of site plan and preliminary plat) approval: review
and recommendation made by staff. Final action by the Planning and Zoning
Commission.
Step 3. Land Development Permit or Permit Waiver: reviewed and issued by staff.
Step 4. Building Permit(s): reviewed and issued by staff.
Step 5. Final PD plan/plat approval: review and recommendation made by staff. Final action
by Board of County Commissioners.
Step 6. Certificate of Occupancy: reviewed and issued by staff.
As required by the PD ordinance, the applicant is pursuing concurrent approval of the rezoning
request and the conceptual PD. Therefore, if these requests are approved, the Planning and Zoning
Commission will review the preliminary PD plan at a future date.
Once a conceptual PD plan is approved, only minor modifications to the conceptual plan can be
approved at a staff level. Any changes proposed that would intensify the site use (e.g. increase the
maximum square footage of building area) or reduce the compatibility elements (e.g. reduce
buffering or setbacks) could be approved only via a process involving public hearings held by both
the Planning and Zoning Commission and the Board of County Commissic. > -rs.
The Proposed PD District
The subject site has a C/I, Commercial/Industrial, land use designation. This land use designation
allows underlying properties to be zoned commercially and industrially. Since the land use
designation of a property controls the use of the property by limiting the zoning districts applicable
to the property, any rezoning must be compatible with the land use designation of a property and will
control the specific types of uses permitted on the property. As indicated in the county's land
development regulations, the PD zoning district is a compatible zoning district with sites having a
commercial/industrial land use designation. Once a specific PD rezoning is approved for a site, the
applicable PD conceptual plan adopted as part of the rezoning will then limit the type of specific uses
allowed on the subject site.
In accordance with the provisions of LDR section 911.14, a PD district allowing highway
commercial and storage uses may be approved within a commercial/industrial designed area. Such
a PD rezoning will limit the uses on the subject site to highway commercial storage type uses, and
other CL district approved uses. Certain standards related to uses, compatibility (buffering),
infrastructure improvements, and open space areas are set -forth in LDR Chapter 915 (PD Process
and Standards for Development Ordinance), and form the basis for the PD district. Based upon the
proposed conceptual PD plan and the Chapter 915 standards, the proposed PD district for the subject
site contains the following characteristics:
22
December 9, 1997
Aspect
CL Zoning
Hedin PD
Requirements/Allowances
Use(s)
Convenience store, office,
Convenience store, office,
restaurant, retail sales, car
fast food with drive through,
wash, post office, banks (fuel
fuel sales, office, car wash
sales AP use), (mini storage
(mini storage subject to CG
subject to CL criteria)
criteria) other CL uses
Maximum building coverage
40%
20%
Minimum green open space
25%
25%
Maximum building height
35'
25'
Building setbacks
75' front, 10' sides & 10' rear
125' front, 75' rear, 10' sides
Landscape buffers:
a. South side (SR 60):
Type "B" per SR 60 corridor
Type "B" per SR 60 corridor
plan for bays facing SR 60
plan for bays facing SR 60
b. North side:
Type "C" adjacent to RM -8
Type "C" adjacent to RM -8
6' opaque feature
6' opaque feature
c. Along east & west
4' wide landscape strip
4' wide landscape strip
adjacent to other
commercial properties:
d. Parking lot "interior area"
10%
10%
landscape area:
It should be noted that, if the PD rezoning request is approved, the approved conceptual PD plan will
be included as an actual exhibit to the ordinance that approves the rezoning request.
REZONING ANALYSIS
Existing Zoning and Land Use Pattern
The site is located immediately east of the Citrus Ridge post office (under construction) between
82nd Avenue and 85th Court. The site is presently vacant and consists mainly of native vegetation.
The property to the west is currently being developed as the Citrus Ridge post office, which should
be operational by the beginning of 1998. The property to the east is vacant, commercially zoned
property. To the north is vacant, multi -family zoned property. Across SR 60, land to the south is
generally vacant, commercially zoned property.
The zoning pattern in the area is largely a result of pre-existing patterns consisting of existing uses
and property divisions. The depth of the commercial zoning on this property is an extension of the
depth set by the first block of the Paradise Park subdivision. The CL zoning of this property is also
an extension of the Paradise Park zoning. The first block of Paradise Park was zoned CL to limit
the intensity of the proposed uses, since the lots abut a single family subdivision and because the
platted lots are relatively small, a condition which limits their development potential.
The subject request essentially raises the issue of the appropriateness of uses more intense than those
allowed in the CL district. Because the applicant has chosen the PD option, the issue is narrowed
to whether or not the proposed conceptual plan is appropriate for the subject site.
23
December 9, 1997
[,AGE
LC'.la U f GEIl�4
Future Land Use Pattern
The subject property is currently designated C/I, Commercial/Industrial, on the future land use map,
as are the properties on the east, west, and south. The residentially zoned property to the north is
designated M-1 on the future land use map, which allows up to 8 units per acre.
-Zoning District Differences
The substantive differences between the site's current CL zoning and the PD zoning proposed for
the subject property are that the proposed PD rezoning:
-allows the drive through restaurants and car washes
-allows the use of CG zoning district criteria for the proposed mini storage use.
All other size and dimensional criteria in the proposed PD zoning district are either equal to or more
restrictive than the CL zoning district standards, as previously described in this report.
Concurrency of Public Services
As per section 910.07(2) of the Concurrency Management Chapter of the county's land development
regulations, projects which do not increase density or intensity of use are exempt from concurrency
requirements. By changing the zoning of the subject property from CL to PD, various uses currently
not permitted would be allowed on the site. However, because the most intense use of the property
would be the same in either district, changing the property's zoning from CL to PD will not create
additional impacts on any concurrency facilities. For that reason, the rezoning request is exempt
from concurrency review because the requested zoning would not increase the use of intensity of the
site, only change the form that commercial development could take.
Concurrency, however, is an issue with respect to the conceptual and preliminary PD requests
associated with the PD rezoning. This is addressed in the PD plan analysis section of this staff
report.
-Consistency with Comprehensive Plan
Rezoning requests are reviewed for consistency with all policies of the comprehensive plan.
Rezonings must also be consistent with the overall designation of land uses as depicted on the Future
Land Use Map, which include agriculture, residential, recreation, conservation, and commercial and
industrial land uses and their densities. Commercial and industrial land uses are located in nodes
throughout the unincorporated areas of Indian River County.
The goals, objectives and policies are the most important parts of the comprehensive plan. Policies
are statements in the plan which identify the actions which the county will take in order to direct the
community's development. As courses of action committed to by the county, policies provide the
basis for all county development decisions. While all comprehensive plan policies are important,
some have more applicability than others in reviewing rezoning requests. Of particular applicability
for this request are Future Land Use Element Policies 1.15, 1.19, 1.21, and 4.3; Economic
Development Policy 1.1; and Overall Economic Development Plan objective 2.0 and policy 2.4.
Future Land Use Policy 1.15
Future Land Use Policy 1.15 states that the commercial land use designation is intended for uses
including: retail and wholesale trade, offices, business and personal services, residential treatment
centers, limited residential uses and other similar type uses. All commercial areas must be located
within an existing or future Urban Service Area.
24
December 9, 1997
a
Since the subject site already has a commercial land use designation and is located within the Urban
Service Area, it is consistent with Future Land Use Policy 1.15.
Future Land Use Policy 1.19
Future Land Use Policy 1.19 states that commercial and industrial land uses are designated as
corridors and nodes. These corridors and nodes shall be located along roads and at intersections with
functional classifications appropriate to the level of activity.
The existing SR 60/1-95 Commercial/Industrial node was established at that location because of the
functional classification of the two roadways. The SR 60/1-95 interchange will be one of the most
active intersections in the county. Therefore, the rezoning proposal is appropriate and consistent
with the Future Land Use Policy 1.19.
Future Land Use Policy 1.21
Future Land Use Policy 1.21 states that node boundaries are designated to provide for efficient land
uses and maximum use of transportation and public facilities while eliminating sprawl and strip
development.
As the county grows and interstate traffic increases, the proposed development will be well situated
to provide efficient highway commercial related services. Therefore, the rezoning proposal is
consistent with Future Land Use Policy 1.21.
Future Land Use Policy 4.3
Future Land Use Policy 4.3 states that activity centers such as commercial, office, and industrial
centers shall be located within commercial and industrial nodes and corridors to ensure efficient
utilization of the transportation network.
This proposal is within a commercial node, and centrally located. Therefore, the rezoning proposal
is consistent with Future Land Use Policy 4.3.
Economic Development Policy 1.1
Economic Development Policy 1.1 states that the county shall encourage the expansion of existing
businesses and attraction of new industries and businesses.
This proposal would provide for expansion of an existing business in the county. Therefore, the
rezoning proposal is consistent with Economic Development Policy 1.1.
Overall Economic Development Plan Objective 2.0
Overall Economic Development Plan Objective 2 states that, by January 1, 1996, the county will
have an unemployment rate that has decreased to around the middle third (1/3) of Florida counties
as published by the Florida Department of Labor and Employment Security.
This development will provide additional jobs in the community and help Indian River County meet
the stated objective.
Overall Economic Development Plan Objective 2.4
Overall Economic Development Plan Objective 2.4 states that the Indian River County Council of
100 shall identify areas of the county providing summer employment opportunities and make this
information available to agricultural related businesses and employees.
25
December 9, 1997
6U 7" NiGc 644
This proposal will make additional employment opportunities available in the summer, thereby
helping the county provide steady year round employment.
-Compatibility with the Surrounding Area
It is staff's position that granting the PD rezoning request will ensure a greater degree of
compatibility with the surrounding areas than the minimum development standards that would be
applied to a normal CL zoned development. As indicated above, the increased building setback
standards proposed as part of the PD zoning district exceed the CL standards. The Board of County
Commissioners does have the ability through the PD process to require additional conditions or
restrictions to ensure compatibility with the surrounding area.
PD PLAN ANALYSIS:
The conceptual PD plan depicts a proposed convenience store/fast food restaurant building with fuel
sales and a drive through, an office building, vacuum stations, car wash, and a mini storage facility.
The plan proposes 32,300 square feet of building area to be constructed in a single phase. In the
future, the applicant may propose minor modifications to the building.
1. Size of Development: 4.64 acres
2. Zoning Classification: Existing: 4.64 acres, CL (Limited Commercial)
Proposed: 4.64 acres, PD (Planned Development)
3. Land Use Designation: C/I, Commercial/Industrial
4. Building Area: Convenience store: 4,000 sq. ft.
Restaurant: 1,000 sq. ft.
Car wash: 3,150 sq. ft.
Office Building: 2,475 sq. ft.
Mini storage: 21.675 sq. ft.
Total: 32,300 sq. ft.
5. Impervious Area: Proposed: 136,913 sq. ft.
6. Open Space: Required: 25.0%
Provided: 30.3%
7. Parking:
8.
Required: 63 spaces
Provided: 73 spaces
Traffic Circulation:
*Access
The project will have two driveways on SR 60. The eastern driveway will have two in-
bound lanes and a single out -bound lane, while the western driveway will have dual out-
bound lanes. The eastern driveway will be limited to left -in, right -in and right -out maneuvers
with the western driveway being limited to right -out maneuvers.
The traffic impact analysis submitted with this application, and accepted by traffic
engineering staff, indicates that a right turn deceleration lane and aleft turn deceleration lane
are required for the project's eastern driveway. The proposed conceptual PD plan depicts
these improvements. These improvements will need to be in place prior to the issuance of
a C.O. for any part of the proposed development.
26
December 9, 1997
The eastern driveway will provide access to the overall site, with primary access to the
convenience store/restaurant and fuel pumps. The driving aisle will loop behind the
convenience store/restaurant building providing access to a proposed fast food drive through
lane, an office building, a mini storage facility, and a car wash and vacuum stations. The
southernmost east/west driving aisle located between the fuel pumps and SR 60 will be
stubbed out to the east and west property lines to facilitate vehicular interconnection between
the subject site and adjacent properties. These provisions meet the county's interconnection
requirements (952.12). Through the PD process, the developer has agreed to grant a public
access easement to the county to ensure public use of the interconnections and access drives.
The developer has agreed to the dedication, which will be accomplished prior to or via the
project PD final plat. The internal traffic circulation plan has been approved by the traffic
engineering division.
9. Stormwater Management: The project's stormwater management plan has been
conceptually approved by the public works department, and the developer will be required
to obtain a Type "A" stormwater management permit prior to site plan release. There will
be three separate stormwater ponds on the site. Two of the ponds will be located along the
site's SR 60 frontage, between the proposed buildings and SR 60. Since the ponds are over
2' deep, the stormwater management ordinance requires that the ponds be fenced or otherwise
secured by a barrier. The applicant has proposed to use a combination of aluminum fence
and landscaping to provide a barrier; please see attachment #5.
10. Utilities: The project will be connected to county water and sewer. This meets both
concurrency and utility connection matrix requirements. These utility provisions have been
approved by the County's Department of Utility Services and the State Health Department.
11. Landscape Plan & Buffers: The landscape plan is generally in compliance with Chapter
926 and the SR 60 corridor plan. The landscape plan provides a Type "B" buffer along the
project's SR 60 frontage, which is required based on the SR 60 corridor plan requirements
for sites with automotive bays oriented toward SR 60. A Type "C" buffer with a 6' opaque
feature is proposed along the rear (north) property line, where the site abuts vacant property
that is zoned RM -8 (Residential Multi -Family up to 8 units/acre).
The applicant is proposing to satisfy the 6' opaque feature requirement with a 6' wood fence
along the rear (north) property line. Based on the invoked pending landscape ordinance and
the PD process, staff and the Planning and Zoning Commission are recommending that some
type of concrete wall be used to create the 6' opaque feature. Also, the Planning and Zoning
Commission allowed the wall to be 6' above grade at the property line rather than above the
grade of the proposed building, a height differential of about 2'. The Commission
determined that the height of the feature would be adequate due to the extensive setback of
the proposed building from the property line (75'). Planning staff has modified its previous
recommendation accordingly. In accordance with the pending ordinance, landscaping will
be provided on the residential (north) side as well as the commercial (south) side of the
wall/fence, and 50% of the shrub material normally required can be eliminated due to the
screening benefits of the opaque feature.
12. Environmental Issues: The 4.64 acre site is not subject to the native upland set-aside
requirement since it is under 5 acres. There are no wetlands on the site; therefore, the site
in not subject to any of county's environmental regulations.
13. Dedications & Improvements: The county comprehensive bikeway and sidewalk plan
requires an 8' wide concrete bike path along the site's SR 60 frontage. This improvement
is depicted on the plan and will need to be constructed prior to the issuance of a certificate
of occupancy.
27
December 9, 1997
14. SR 60 Corridor Plan Criteria: Since the site is located within the SR 60 corridor plan area,
the corridor plan criteria apply. The plan meets SR 60 corridor plan criteria as described
below:
a. SR 60 Roadway Landscaping: The only road fronted by the project is SR 60. The
parcel has 324' of frontage on SR 60 and 86' of driveway width along SR 60, which
reduces the overall plantable frontage width to 238'. The applicant's design proposes
a wide planting area (71' wide), which includes stormwater retention and green area.
Proposed plantings within the 71' wide SR 60 landscape area are sufficient to form
a Type "B" buffer. That buffer is required by the SR 60 corridor plan because of the
vacuum and car wash bays oriented ("opened") toward SR 60. The landscape area
along SR 60 will incorporate a low berm (18" to 24" above the parking lot) and will
include shrubs, understory, and canopy trees.
b. Architectural Features: All buildings, including the fuel island canopy and the
overall mini storage building complex, will have sloped standing seam metal roofs
with a 5:12 pitch or greater. The walls of the buildings will generally be broken -up
by columns, windows, and architectural features. Staff has also reviewed proposed
colors and finish materials for the project and has determined that they meet SR 60
corridor plan requirements.
C. Foundation Plantings: All proposed buildings have foundation plantings.
Foundation plantings for the mini storage and vacuum buildings will be placed on the
project perimeter (on the back side of the buildings), and placed in an interior parking
lot landscape area which separates the mini storage building from the rest of the site.
Staff is recommending that some of the foundation plantings proposed behind the
convenience store be located in front of the store to provide more visual effect.
Presently, the only foundation plantings in front of the convenience store are two
small terminal islands. Relocating foundation plantings from the rear of the building
to the front would require elimination of 1 or 2 parking spaces in front of the
building. It should be noted that an excess of 10 spaces is currently proposed.
15. Signs: The freestanding signs for the project will be landscaped monument style signs. A
complete sign package is required to be submitted with the building permit.
16. Lighting Plan: A conceptual lighting plan has been reviewed; additional details will need
to be provided with the preliminary PD plan.
17. Concurrency: The applicant will obtain a conditional concurrency certificate prior to Board
of County Commissioners consideration.
18. Surrounding Land Use and Zoning:
North: Vacant, RM -8
South: Vacant, single family/CG
East: Vacant/CL
West: Post office/CL
RECOMMENDATION:
Based on the above analysis, staff recommends that the Board of County Commissioners approve
the PD rezoning (and corresponding ordinance) and conceptual plan with the following conditions:
28
December 9, 1997
M M M
1. That plans be revised to relocate foundation plantings from the rear of the convenience
store/restaurant to the front of the building, to provide additional planting area along the front
of the store, and to provide a concrete wall to satisfy the 6' opaque feature along the north
property line.
2. That prior to PD plan release, the applicant shall provide traffic engineering with SR 60
improvement plans that have been approved by the FDOT.
3. That prior to the issuance of any certificate of occupancy (C.O.):
a. The Type "C" buffer and opaque feature along the north property line shall be
completed.
b. The 8' bikepath along the project's SR 60 frontage shall be completed, and approved
by FDOT and county engineering.
C. All off-site traffic improvements are completed, and approved by traffic engineering.
d. The plan and construction shall meet all aspects of the SR 60 corridor plan.
4. That prior to or via the final plat, access easements to the adjacent properties shall be
provided in accordance with the interconnected parking improvements depicted on the
approved conceptual site plan.
ATTACHMENTS:
1. Application
2. Location Map
3. Conceptual PD Plan
4. Landscape Plan
5. Landscape Plan Elevation of Entry
6. Cross -Section of Rear Property Line Wall and Building
7. Architecturals
8. Planning and Zoning Commission Draft Minutes
9. Ordinance Rezoning Site from CL to PD
29
December 9, 1997
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December 9, 1997
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Director Boling briefly responded to and clarified a couple of concerns raised by
Commissioner Gum.
The Chairman opened the public hearing and asked if anyone wished to be heard
in this matter.
Lawrence Rosedale stated that he works for Gibralter Management Company in
Terrytown, New York. He represents the owners of the property adjacent and
immediately to the east of the property being considered. The owners are GPR Powers
Avenue, limited liability corporation. They have no objection whatsoever to the rezoning
request. He has some concerns with respect to the site plan, especially the main
driveway. He has spoken with Karl Hedin and his attorney and his engineer about this
matter and Mr. Hedin is aware of what he will be saying. They believe it would be best if
the main entrance/exit shares the center line with their property, then when the property is
developed, there will be one main entrance to both developments. Although late, this was
his first opportunity to make this request, that a condition be added that Mr. Hedin's main
entrance be relocated to fall between the two properties. They have no other objection
with the planned development of the adjoining property.
Director Boling pointed out the request on the landscape plan and stated there
could be a change to a common driveway, but it would require an agreement of the owner
of the other property and should not be made a condition of the applicant because the
applicant does not control all the rights to a common driveway. The plan as presented
would not preclude a modification to allow a common driveway. Staff would support a
common driveway if it can be worked out. It would have to be done through an
agreement of the two property owners; the County would not be involved and it would
not have to come back through the public hearing process.
Karl Hedin stated he had no objection to working this out at a later date, but did
not want it to interfere with approval at this time. He will work with Mr. Rosedale.
It was determined that no one else wished to be heard and the Chairman closed the
public hearing.
32
December 9, 1997
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Macht, the Board unanimously approved the
PD rezoning and Ordinance No. 97-28 and conceptual plan
with the conditions set out in the Memorandum and
presentation by staff..
ORDINANCE NO. 97- a
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
THE ZONING ORDINANCE ON THE ACCOMPANYING ZONING MAP
FROM CL TO PD FOR THE PROPERTY LOCATED ON THE NORTH SIDE
OF SR 60 IN THE 8400 BLOCK APPROXIMATELY 650' EAST OF 85TH
COURT AND DESCRIBED HEREIN AND PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, on November 13, 1997 the Planning and Zoning Commission, sitting as the
local planning agency on such matters, has held a public hearing and subsequently made a
recommendation regarding this rezoning request; and
WHEREAS, the Board of County Commissioners of Indian River County, Florida, did
publish its Notice of Intent to rezone the hereinafter described property, and
WHEREAS, the Board of County Commissioners has determined that this rezoning is in
conformance with the Comprehensive Plan of Indian River County; and
WHEREAS, the Board of County Commissioners has held a public hearing pursuant to
this rezoning request, at which parties in L ierest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of
Indian River County, Florida, that the zoning of the following descnbed property situated in
Indian River County, Florida to -wit:
LEGAL DESCRIPTION
COMMENCING AT THE SOUTHEAST CORNER OF TRACT 7, SECTION 2,
TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST
GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY,
FILED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA, SAID LANDS LYING AND BEING IN INDIAN RIVER
COUNTY, FLORIDA; THENCE RUN NORTH 00°00'43" WEST ALONG THE
EAST LINE OF SAID TRACT 7 A DISTANCE OF 147.65 FEET TO THE
NORTH RIGHT-OF-WAY OF STATE ROAD 60 AND POINT OF
BEGINNING, THENCE CONTINUE NORTH 00°0043" WEST A DISTANCE
OF 623.24 FEET; THENCE RUN SOUTH 89059'17" WEST A DISTANCE OF
324.64 FEET; THEN RUN SOUTH 00°00'43" EAST A DISTANCE OF 623.12
FEET TO SAID NORTH RIGHT-OF-WAY; THENCE RUN 89°5927" EAST
ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 324.64 FEET
THE POINT OF BEGINNING.
Be changed from CL to PD.
All with meaning and intent as set forth and described in said land development
regulations, and the attached conceptual plan.
33
December 9, 1997
11COX
ORDINANCE N0. 97-28
The provisions of this ordinance shall become effective upon filing with the Department of
State.
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida on this 9 day of December , 1997.
This ordinance was advertised in the Vero Beach Press Journal on the 26 day of November ,
1997, and on the day of 1
1997, for public hearings to be held on the 9
day of December 1997 at which time at the final hearing it was moved for adoption by
Commissioner ASams _ seconded by Commissioner Macht , and adopted
by the following vote;
Chairman Carolyn K Eggert
Vice Chairman John W. Tippin
Commissioner Fran B. Adams
Commissioner Caroline D. Ginn
Commissioner Kenneth R Macht
eA,,v''e
Ad- p
Aye
Aye
Aye
BOARD OF COUNTY COMMIISSIONERS
OF INDIAN RIVER COUNTY
BY
Carolyn JV Eggert, Co an
Board of County Commissioners
ATTEST
J K Bartg �1��
-4 , o
.ice. Odi
(
Effective Date: Filed with the Department of State on the
APPROVED AS TO LEGAL FORM
William G. Collins, IIE
Deputy County Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. Keating, AIC
Community Development DiWaor
u\c\j\hedin.ord
W
December 9, 1997
day of , 1997.
9.A.3. ESCAMBIA COUNTY HOUSING FINANCE A UTHORITY -
$70,000, 000 REVENUE BONDS AUTHORIZED AND INTERLOCAL
AGREEMENT
PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
oath Sey
Bethatfore
tree Pr �t of the Prose ried authority
PW Journal. a Y appeared Darryl K. Hicks who on
In Indian River County, Florida, that the attached copy off, being
Published at veru Beach
in the matter of
In the Court, was Pub-
Oshed in said newspaper in the Issues of ` rucA cr� l , 199-f
Affiant further says that the said Press,Jwanal Is a newspaper published at Vero Beach, In
said Indian River =published in � I River CFlorida, and anty, the sold
has heretofore been
sem class bow enten�d as
mall matter at the post office in Vero Beach, in said �Ylr than Rim County Floride,
for a period of one year next preceding the first motion of the attached copy of
advertisementand affiant further says that he has relther paid nor promised any person, firm
cc
a�dver poraatio forany
discwurt, rebate, r OMMIssion or refund for the purpose of Wouring fids
•••r... • ...... uu
publication k198iff �r�laVVapap�Bn�.
LY AAF
•r'• to ar+a +� before me sday PIC' D.
*; MYCOMASSiONEXPIRES :tp ` ��///\, • �ILi
wivaarot,zool : * � 1
� �, COE1dt, N0. ([611091 : •r ° �� a,Q
.fig Notary Public, SFlorida
44 41 ° tatef My Commission Exp. Jan. 01. 2001
C STp1 a••` Comm. No. CC 611092
Personally Known 0 or Produced ID ❑
Type of 10 Produced
35
December 9, 1997
NOTICE OF PUBLIC HEARING
For the purpose of Sectio
of the nternal Revenue Cod
of147(() 1986, asIamended, notice i
hareby given that the Housin!
Finance Authority/Board of Count,
Commissioners of Indian Rive
County, Florida, will conduct' c
public hearing at their regularly
scheduled meeting on Tuesday,
December 9, 1997 at 9:00 a.m. al
the County Commission Chambers,
1840 25th St., Vero' Beach, FL
32960 to er the .approval of
the issuance considby the Housing
Finance Authority. of Escombio
County, on behalf of Indian River
County and other participating
counties, of not exceeding
'70,000,00.00 Single Family Mort.
gage Revenue Bonds.
The proceeds of such bonds will
be used to finance the purchase of
single family residences to be occu.
Pied primarily by first-time home.
buyers of moderate, middle or
lesser income within Indian River
County and various other counties
in the State of Florida.
The bonds will not constitute a
debt of the State of Florida, Indian
River County, or other participating
counties or Housing Finance
Authorities, but will be payable
solely from payments made from
the revenues generated from the
housing program.
All persons are advised that, if
they decide to appeal any decision
made at this meeting, they will
need a record of the proceedings,
and for such purpose, they .may
need to ensure that a verbatim
record of'the proceedings is made,
which record includes the testimony
and evidence upon - which. the
appeal is to be based.
All interested persons are Invited
to present their comments at the
time and place set forth above.
Interested parties may appear at
the meeting and be heard with
respect to the proposed industrial
revenue development bonds. Any.
one who wants to inspect any pro-
posed documents may do so at the
Budget. Department, 1840 25th
Street, Vero Beach, FL.'
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 testimony and evidence
upon which the appeal is based.
Anyone who needs a special
accommodation for this meeting
may contact the County's Ameri.
cans with Disabilities Ad Coordi.
nator at 567.8000,' Ext. 408, at
least 48 hours in advance of the
meeting.
Nov. 21, 1997 1207930
VCJj
L0JK Fret
The Board reviewed a Corrected Memorandum of December 4, 1997:
(�,o9REC T/o
9,A -3
TO: Members of the Board
of County Commissioners
DATE: December 4, 1997
P,cEE
SUBJECT: PROPOSED RESOLUTION AUTHORIZATION AND INTERLOCAL
AGREEMENT AND THE ISSUANCE OF REVENUE BONDS NOT TO
EXCEED $70,000,000 BY ESCAMBIA HOUSING AUTHORITY -
CORRECTION
PUBLIC HEARING
FROM: Joseph A.
OMB Dir
The Board of County Commissioners at its regular meeting of November 18, 1997 approved the
advertising of the TEFRA (Tax Equity Fiscal Responsibility Act) notice and holding a public hearing
to consider a resolution and interlocal agreement between Escambia County Housing Finance
Authority and Indian River County. If the Board of County Commissioners approves the resolution
and interlocal agreement, the County Attorney must issue an opinion letter and the chairperson must
sign the document "Notice of Intent to Issue Bonds and Request Written Confirmation".
ATTACHMENTS
Explanation of Program
Proof of Publication
Resolution
Interlocal Agreement
County Attorney Opinion Letter
Notice of Intent to Issue Bonds and Request for Written Confirmation
Budget Director Joseph A. Baird read into the record the following: This bond
program is for first-time home buyers. By Federal law, the proceeds of the bonds must be
used to finance mortgage loans made to households that have not had a mortgage ownership
interest in a principal residence at any time during the 3 -year period preceding the closing
date of the mortgage loan. To ensure compliance with this, all borrowers seeking mortgage
loans for residences located outside of the target areas must submit to the participant his or
her Federal tax return for the prior 3 years or other acceptable evidence that such requirement
has been met.. The first-time home buyer requirement is not applicable to loans made in the
target areas. The acceptable properties for this mortgage are single-family attached and
W
December 9, 1997
detached housing, condos, HUD and manufactured homes. People who want to participate -
in the non -targeted areas, families of 1 or 2 can have incomes up to $42,200; for families of
3 and above the level would be $48,530. In the targeted areas, for the 1 and 2 member
households, the income is $50,640 and for 3 and above would be $59,080. These figures
may be adjusted slightly as time goes on by the Federal government. Also the acquisition
limits for housing in non -targeted areas in Indian River County, a new house can be as much
as $106,366; an existing house $98,523. In the targeted areas, the new house can be
$130,002; and an existing structure can be $120,417.
Director Baird stated that some mortgages last year were as low as 6.3% on a 30 year
mortgage. The reason for bringing this item to the Board today is they are seeking allocation
in our district, District 9B, which includes St. Lucie, Okeechobee, and Martin. Counties. If
we do not take a portion, St. Lucie will take the entire portion and our residents would not
have an opportunity to participate in this program. Banks which have participated in the past
are Harbor Federal Savings & Loan, SunTrust, Chase Manhattan Mortgage, Crossland
Mortgage Corporation, and Delwood Corporation. Director Baird explained that last year's
program was very successful with 10 mortgages. After 120 days banks can go across county
lines to allocate any unused funds.
Chairman Eggert remarked that this has been a good program and gives good
opportunity to people who cannot participate in the SHIP program.
Commissioner Adams understood that this program does not cost the County, and
Chairman Eggert assured her that her understanding was correct.
There was a short philosophical discussion on whether this is a beneficial program.
The Chairman opened the public hearing and asked if anyone wished to be heard in
this matter.
Rene Renzi, of 340 Waverly Place, asked how the County advertises this program,
and Director Baird explained that the participating banks will run a quarter page ad in the
newspaper about a low -rate mortgage and the program. A person wishing to participate
should contact the bank(s) directly. He also explained that this is not a tax subsidized
program, but uses the tax exempt status of local governments to issue tax exempt bonds.
37
December 9, 1997
It was determined that no one else wished to be heard and the Chairman closed the
public hearing.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution 97-145 authorizing the Escambia County Housing
Finance Authority to operate within the boundaries of Indian
River County; authorizing the Board to enter into agreements
with the Escambia County Housing Finance Authority and to
execute and deliver certain documents and instruments in
connection therewith; approving a form of interlocal agreement;
approving the issuance by the Escambia County Housing
Finance Authority of not exceeding $70,000,000 single family
mortgage revenue bonds, Series 1998 (multi -county program),
pursuant to Section 147(f) of the Internal Revenue Code of
1986, as amendment; and providing an effective date.
RESOLUTION NO. 97-145
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE ESCAMBIA COUNTY HOUSING
FINANCE AUTHORITY TO OPERATE WITHIN THE
BOUNDARIES OF INDIAN RIVER COUNTY; AUTHORIZING
THE BOARD TO ENTER INTO AGREEMENTS WITH THE
ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY AND
TO EXECUTE AND DELIVER CERTAIN DOCUMENTS AND
INSTRUMENTS IN CONNECTION THEREWITH; APPROVING
A FORM OF INTERLOCAL AGREEMENT; APPROVING THE
ISSUANCE BY THE ESCAMBIA COUNTY HOUSING FINANCE
AUTHORITY OF NOT EXCEEDING $70,000,000 SINGLE
FAMILY MORTGAGE REVENUE BONDS, SERIES 1998
(MULTI -COUNTY PROGRAM), PURSUANT TO SECTION
147(I) OF THE INTERNAL REVENUE CODE OF 1986, AS
AMENDED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 159, Part IV, Florida Statutes (the "Act") authorized counties to create
housing finance authorities to exercise powers of the Act within their boundaries or outside their
boundaries with the consent of the governing body of the territory outside their area of operation; and
WHEREAS, the Board of County Commissioners of Escambia County, Florida, on May 29,
1980, adopted Ordinance No. 80-12, by which it created the Escambia County Housing Finance
Authority (the "Authority") and authorized the Authority to exercise all powers under the Act; and
WHEREAS, there is no housing finance authority currently operating in Indian River County;
and
38
December 9, 1997
WHEREAS, pursuant to the Act the Board of County Commissioners of Indian River County,
Florida, has found a shortage of affordable housing and capital for investment therein and a need for a
housing finance authority to function in Indian River County; and
WHEREAS, it is not practicable at this time under existing Florida and federal laws and
regulations for a single local agency to issue its bonds for the purpose of implementing a single family
housing program, although the shortage of such single family housing and capital for investment
therein is continuing in Indian River County; and
WHEREAS, the Authority has by resolution duly adopted on July 1, 1997 (the "Escambia
Resolution") authorized a plan of finance for the issuance from time to time of not exceeding
$70,000,000 Single Family Mortgage Revenue Bonds, initially designated as (Multi -County Program)
Series 1998 (the "Bonds"), and has indicated to the Board of County Commissioners of Indian River
County its willingness to exercise its powers in Indian River County to finance single family housing
therein as permitted by the Act upon approval of the Board of County Commissioners of Indian River
County; and
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (hereinafter
referred to as the "Code") requires public approval of certain private activity bonds and the plan of
finance therefor by an applicable elected representative or governmental unit following a public hearing
and the Board of County Commissioners of Indian River County, Florida (the "Board") constitutes an
applicable elected representative or governmental unit; and
WHEREAS, pursuant to Section 147(f) of the Code a public hearing was scheduled before the
Board for December 9, 1997, at 9:00 a. m. and notice of such hearing was given in the form
required by the Code by publication more than 14 days prior to such hearing; and
WHEREAS, the Board has on December 9, 1997, held the public hearing and provided at
such hearing reasonable opportunity for all interested individuals to express their views, both orally
and in writing, on the issuance of the Bonds; and
WHEREAS, the Board diligently and conscientiously considered all comments and concerns
expressed by such individuals; and
WHEREAS, the Board desires to express its approval of the action to be taken pursuant to the
Escambia Resolution and Chapter 159, Part IV, Florida Statutes, and as required by Section 147(f) of
the Code;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
CONEWSSIONERS OF INDIAN RIVER COUNTY, FLORIDA:
Section 1. Because of the continuing shortage of affordable single family housing and
capital for investment therein in Indian River County and the continuing impediments to a bond issue
to alleviate such shortages as to single family housing, it is hereby determined that the Board of
County Commissioners of Indian River County consents to the Authority exercising its powers to issue
the Bonds and to implement a plan of finance to provide capital from sources of funds available to the
Authority, including but not limited to a portion of the proceeds of the Bonds, and proceeds of
obligations refunded by the Bonds, to establish a program to finance Mortgage Loans for single family
housing within the statutory boundaries of Indian River County ("Mortgage Loans"); provided, that the
Authority and Indian River County first enter into a written agreement setting forth the powers, duties
and limitations of the Authority as they pertain to the use of said bond proceeds within Indian River
County and payment of the issuance costs for such Bonds.
Section 2. In furtherance of the purposes set forth in Section 1 hereof the Chairman or
Vice -Chairman and Clerk or Deputy Clerk of the Board of County Commissioners of Indian River
County are hereby authorized to execute such consents, intergovernmental agreements, applications or
other documents as shall be required to implement such single family housing program and to provide
for payment of Indian River County's proportionate share of costs of the costs thereof, including but
not limited to the costs of issuance of such Bonds, all as shall be approved by counsel to Indian River
County.
39
December 9, 1997
GH 'IK M] FAGS U� 7
Secdon 3. The Interlocal Agreement, in substantially the form attached hereto as Exhibit
"A", and made a part hereof, between Indian River County and the Authority is hereby approved. The
officers of Indian River County are, hereby authorized to enter into such Interlocal Agreements on
behalf of Indian River County, with such changes not inconsistent herewith as the officers executing
same may approve, such execution and delivery to be conclusive evidence of such approval. The
appropriate officers of Indian River County are hereby further authorized to execute and deliver such
other documents and instruments as may be necessary to implement such Interlocal Agreements,
including, without limitation, application for up to the maximum available private activity bond volume
allocations pursuant to Chapter 159, Part VI, Florida Statutes, for the purposes set forth in the
Interlocal Agreement.
Section 4. The Board hereby approves, within the meaning of Section 147(f) of the Code,
the Authority's plan of finance and the issuance by the Authority from time to time of not exceeding
$70,000,000 Single Family Mortgage Revenue Bonds, initially designated Series 1998 (Multi -County
Program) for funding the Authority's program for Mortgage Loans, and such other action to be taken
pursuant to the Escambia Resolution or Chapter 159, Part IV, Florida Statutes.
Section 5. All resolutions or parts thereof of the Board in conflict with the provisions
herein contained are, to the extent of such conflict, hereby superseded and repealed.
Section 6. Adoption of this Resolution does not authorize or commit the expenditure of
any funds of Indian River County to pay the costs of issuance of such Bonds.
Section 7. This Resolution shall take effect -immediately upon its adoption.
Duly adopted in the session this 9 day of December , 1997.
INDIAN RIVER COUNTY, FLORIDA
By: I—W 41 P'l',7
(SEAL) Chairman oard of C y
Commis vers CA LYN K. EGGERT
ATTEST:
Clerk, Bo of County Co Toners
December 9, 1997
Indiian Rivir Ca
ACj,'w.d Gaya
A-n:rL
Dei t.
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9.B. PUBLIC DISCUSSIONITEM- CHAMBER OF COMMERCE
REPORT ON TOURISMAND ECONOMIC DEVELOPMENT
Penny Chandler, Executive Director of Indian River County Chamber of
Commerce, gave a very comprehensive report concerning efforts and results of economic
development and tourism. She also passed to the Commissioners many examples of
articles which had appeared in magazines.
Ms. Chandler cited and expounded on the following information during her
presentation:
RECEIVED
STSF DEC 15 1997
Indian River County CLERK TO THE BOARD
TOURISM DIVISION
Publications, Photo Opportunities and Special Feature Stories
During FY97, we were seen and read about in:
* Brooks Brothers spring catalog shot at Orchid Island;
* Soundings Magazine- 2 page feature article on area maritime and boater accessible activities;
* Association of German Travel Agents -1/2 pg. editorial; to 30,000 agents and tour operators in
Europe
* Southern Living- special article; 10,000 copies to US travel agents
* Coastal Living- 1/2 page article to consumers
* Luxury Golf Homes- division of Golf Magazine; 6 page color feature on 1. R. Co. prestigious
golf communities
* Northeast Weekend Flyers Magazine- 2 -page article with focus on flying into Vero Beach;
distributed to pilots of small aircraft
* Selling Long Haul and Undiscovered Florida (both from the UK)- special 1 pg. articles
* Recommend Magazine- trade magazine
* Adventures in South East Florida Travel- destination info; consumer magazine
* Travel Agent Magazine- trade publication; destination info update
* Travel America. Magazine- consumer magazine; information block
* All publications produced by the State of Florida for trade show distribution.
* Indian River County information was also updated in Fodor's and Frommer's Guides to Florida
Materials
* Published new promotional materials
* Upgraded the web site with current information and county calendar of events
* Purchased professional exhibit display materials for trade show promotions
* Produced new visitor video
Promotion of Local Events
* Windsor Father - Son Golf Tournament and Vero Beach Cycling Classic (US Cycling
Federation)- independent ads in Southern Living, Travel 50 and Beyond, Travel America, and
Cycle USA Magazine
* Published and distributed quarterly calendar promoting county -wide events
41
December 9, 1997
E0 'r �L 0 3 40j 9
Tourism Trade Shows
[10;'11K E'aGc i1
The County was represetned at the following tourism trade show locations:
Atlanta Canada Baltimore Washington London Miami Orlando
European Representation
Represented in Europe by Basic Service Group:
* attended Italian & German travel shows
* promote Indian River County through European media
* translated our area golf guide into German
ECONOAHC DEVELOPMENT
DIVISION
Events and Meetings
* Sponsored annual Industry Appreciation Luncheon recognizing 6 local buildings or
developments for their architectural design or landscaping, and named the Los Angeles Dodgers
"Business of the Year"
* Sponsored the county's first Economic Development Tour which was coordinated through our
Existing Commerce Committee, which also held an independent tour of XL Vision
* Held 2 Retired Executive's Focus Group meetings to seek assistance and ideas from local
retired executives
New Ideas
* Spearhead local efforts to construct an interchange at Oslo Road & I-95
* Attempted to have a referendum passed for industrial tax abatement
* Successful in working with the county for incentives such as local jobs grant program,
financing traffic impact fees, waiver of utility deposits
* Established a commercial real estate survey to track available commercial property
* Began participation in the nationally recognized ACCRA Cost of Living Index through our New
Commerce Committee
* Established a regional coalition of economic development executives from Indian River, St.
Lucie, Martin and Okeechobee counties which now meet on a monthly basis
* Joined as a participating member of the Melbourne Community Airport Coalition which is
working on bringing additional commercial airline services to the Melbourne area
Recognition and Awards:
* Named to NASA's Top Ten List of Economic Development Agencies
* Received a grant from Wal-Mart for $2,000 in 1997 and $2,000 in 1998
Funding Efforts
* In addition to $100,000 from Indian River County, we raised private donations of over
$40,000 including the Wal-Mart grant, and funding of $5,000 from NASA for our efforts in
their Technology Outreach Program
Other
* Continued participation in NASA Technology Outreach Program to help local business receive
support from NASA to solve their technical problems
* hired Milt Thomas as the Director of Economic Development
* Continued building relationships with legislators and with key staff at Enterprise Florida
* Instituted a better method for tracking new business prospects
* currently translating our extensive tourism web -site information to German
* responded directly to hundreds of European visitor inquiries
WJ
December 9, 1997
s � �
New Ideas for FY 97
* Cooperated in the forming of a county "Accommodations Coalition" which meets monthly;
successfully completed bringing together a coalition of eco -tourism groups
* Hotel Sweeps Week surveys of 3,812 guests May through July
Inquiries
During FY97, the Chamber office responded by mail to 27,400 visitor inquiries. This does not
include those responses that were walk-ins or those we responded to through our e-mail
capability.
Familiarization Tours
* Hosted four United Kingdom familiarization trips
* Hosted 48 members of the German DRV convention
* Hosted 2 Florida tourism state representatives and 8 US journalists for 2 day tour
Advertising
8 internationally placed advertisements were seen in:
* America Live Travel Planner, Bunte, and Horzu: all of Germany
* DRV Annual Planner- German Travel Agents Guidebook
* Travel Weekly- European Edition
* Selling Long Haul- UK
* Toronto Sun Newspaper
* International Travel Planner- All Florida supported trade show publication
* Travel Trade Gazette- UK World Travel Market publication
Our 9 domestic magazine advertisements were placed in:
* Southern Living * Travel 50 & Beyond * Mid Atlantic Country
* Sarasota Magazine * Recommend Magazine * Florida Vacation Guide
* Travel America Mag me * Travel Agent Magazine
* Florida/Georgia Vacation Guide
* USA Weekend Florida Travel Special Section
And, we placed ads to entice visitors in these 24 regional newspapers:
* Atlanta, Macon and Savannah, Georgia;
* Baltimore, Maryland;
* Birmingham and Mobile, Alabama;
* Chattanooga and Nashville, Tennessee;
* Charlotte, Greensboro and Raleigh, North Carolina;
* Spartanburg, and GreenrNe, South Carolina
* New Orleans, Louisiana
* Columbus, Ohio
* In Florida: Miami, Jacksonville, St. Augustine, Tampa, Sarasota, Tallahassee, Ft.
Meyers, Ft. Lauderdale, and Lakeland
Following Ms. Chandler's presentation, she responded to questions of the
Commissioners with respect to principal reasons why tourists come to Indian River
County and how statistics are gathered and evaluated. Amongst all the good comments
about our area, she has received mentions of our loss of beaches.
43
December 9, 1997
&QA, [,,AGE,00
Ms. Chandler then showed a video of approximately 8 minutes; she stated it was a
local production on which the Chamber received a terrific deal. She believed it could be
used for many purposes.
Commissioner Adams remarked that the video was very beautiful; she would have
liked to have seen some shots of west county.
No action required or taken.
9. C.1. PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED
FOR NEIGHBORHOOD REVITALIZATION COMMUNITY
DEVELOPMENT BLOCK GRANT AGREEMENT FOR COLORED
SCHOOL AND WHITFIELD SUBDIVISIONS
Chairman Eggert reviewed a Memorandum of December 3, 1997:
TO: James E. Chandler
County Administrator
D ION HEAD CONCURRENCE:
Robert M. Keating, AfCpr'
Community Development Director
FROM: Sasan Rohani, AICP � . W.
Chief, Long -Range Planning
DATE: December 3, 1997
SUBJECT: Notice of Scheduled Public Hearing
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of December 9, 1997.
DESCRIPTION AND CONDITIONS:
Please be advised that the following public hearing has been scheduled:
Public Hearing for December 16, 1997: request for the Board to consider amendments to the
county's Neighborhood Revitalization Community Development Block Grant (CDBG) agreement
for Colored School and Whitfield Subdivisions.
December 9, 1997
RECONEWENDATION:
The above referenced public hearing date is provided for the Board of County Commissioners
information. No action is needed.
No action required or taken.
9. C.2. PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED
FOR SETTLEMENT OF CLAIM - ZUCKERMAN V INDIANRIVER
COUNTY
Chairman Eggert reviewed a Memorandum of November 26, 1997:
TO: James E. Chandler, County Ad inistrator
THRU: Joseph Baird, OMB Director
FROM: Beth Jordan, Risk Manage
DATE: 26 November 1997
SUBJECT: Request for Agenda; Public Hearing; Zuckerman v. Indian River County
Please consider holding a public hearing on settlement of the claim Zuckerman v. Indian
River County in the amount of $15,000.00 at the Board of County Commissioners'
December 16, 1997 meeting at 9:00 a.m.
By: For. December 9-1997
Jam s E. Chandler
County Administrator
No action required or taken.
10. COUNTYADMINISTRATOR'S MATTERS
None.
45
December 9, 1997
._... el' r UL 'JVD
H.A. SEBASTIANAREA-WIDE SCRUB JAYHABITAT
CONSERVATIONPLAN- SOLICIT F0-ONSULTANT PROPOSALS
Environmental Planning & Code Enforceme ;.hief Roland M. DeBlois reviewed
in detail a Memorandum of December 2, 1997:
TO: James E. Chandler
County Administrator
DEP TMENT HEAD CONCURRENCE:
Robert M. Keating, AICP /
Community Development Director
67
FROM: Roland M. DeBlois;-�AICP
Chief, Environmental Planning
DATE: December 2, 1997
SUBJECT: Staff Request for Board Authorization to Solicit Consultant Proposals
for Development of a Sebastian Area -Wide Scrub Jay Habitat
Conservation Plan (HCP)
It is requested that the information herein presented be given formal consideration by the Board of
County Commissioners at its regular meeting of December 9, 1997.
DESCRIPTION AND CONDITIONS
This memorandum is to request that the Board of County Commissioners authorize staff to develop
a scope of services and issue a Request for Proposals (RFP) for professional services relating to
development of a Sebastian area -wide scrub jay Habitat Conservation Plan (HCP). The purpose of
the proposed HCP is to obtain an "incidental take" permit from the U.S. Fish and Wildlife Service
(FWS) to release for development ±450 privately owned platted scrub lots in Sebastian Highlands
Subdivision, using publicly owned scrub land for mitigation credit to offset the development impacts
of the platted scrub lots.
Background
The Florida scrub jay (Aphelocoma coerulescenrs) is listed by the federal government as a threatened
species. Because of its threatened status, the scrub jay and its habitat are protected under the federal
Endangered Species Act, which is administered by the U.S. Fish and Wildlife Service. The scrub jay
is indigenous to xeric oak scrub habitat; therefore, its survival as a regional population is directly
related to the amount of oak scrub habitat undeveloped and conserved in the county.
Approximately 450 platted, 1/4 acre lots in the Sebastian Highlands Siabdivision (in Sebastian City
limits) have been identified by the FWS as being scrub jay habitat. Consequently, none of those lots
can be developed unless an "incidental take" permit is first obtained from the FWS. For someone to
obtain an incidental take permit to clear and develop scrub jay habitat, a habitat conservation plan
(HCP) must be developed.
ELO
December 9, 1997
00
`
The HCP must, among other things, analyze proposed development impacts on scrub jay habitat, and
must include mitigation to offset adverse impacts. Mitigation generally entails the conservation
and/or restoration of scrub jay habitat in the vicinity of the habitat destroyed, at a ratio in the range
of 2 to 4 acres conserved for each acre cleared, depending on the quality and scrub jay -usage of the
impacted scrub.
HCPs are most effective on a large scale vs. an individual lot basis. That is because a holistic
approach to habitat protection is more likely to sustain a species in the long run rather than
incremental, fragmented habitat conservation. Moreover, it is cost -prohibitive for an individual lot
owner to develop an HCP and mitigate impacts at the ratios noted herein.
For those reasons, the Board of County Commissioners, when considering the purchase of multiple
scrub lots in Sebastian Highlands Unit 17 in September, 1996, directed staff to work with the FWS
to determine if the ±450 Sebastian Highlands scrub lots could be released for development with
mitigation consisting of County restoration and management of large tracts of scrub habitat acquired
under the County's environmental lands program.
On October 17, 1996, staff wrote a letter to the FWS proposing that the County's acquired scrub
tracts serve as mitigation for release of the Highlands scrub lots (see attached). On November 12,
1996, FWS staff responded (see attached letter). Generally, the FWS' response indicated that, in
addition to scrub tracts acquired by the County, scrub lands owned by the City of Sebastian and the
Indian River School Board would also need to be managed and conserved to sufficiently mitigate
development of the Sebastian Highlands scrub lots.
This past year, county staff has coordinated with the FWS, the City of Sebastian, and the Indian River
School Board to determine the City's and the School Board's willingness to work with the County
in developing an area -wide HCP, including conservation of scrub jay habitat on City and School
Board owned properties. In October, 1997, both the City Council and the School Board considered
the matter and conceptually agreed to cooperate with the County on development of an HCP (see
attached).
ANALYSIS
Under federal law, the FWS cannot authorize the destruction of habitat that would adversely affect
a federally threatened or endangered species, except as may be allowed through the "incident
take"permitting process, which calls for mitigation and development of a Habitat Conservation Plan.
If the County is to proceed with its proposal to mitigate development of the Sebastian Highlands
scrub lots using public conservation lands, the next step is for the County to develop an HCP and
apply for an incidental take permit. Although county staff has a general understanding of scrub jay
biology, habitat needs, and the federal permitting process, staff does not have the expertise nor the
opportunity to devote the time necessary to develop the HCP. As such, it is stall's position that, if
a Sebastian area -wide scrub jay HCP is to be developed, a consultant will need to be hired for the
task.
Comprehensive Plan
Notwithstanding the benefits of an area -wide HCP to the private scrub lot owners in Sebastian
Highlands, who have endured development constraints under the Endangered Species Act,
development of a habitat conservation plan on an area -wide basis is good planning. As previously
mentioned, a holistic approach to habitat protection and management is more productive and
sustainable than fragmented habitat protection on a case-by-case basis. In that vein, Conservation
Policy 7.9 of the 2020 County Comprehensive Plan, recently approved by the Board, calls for
completion of an area -wide scrub jay HCP as described herein.
47
December 9, 1997
Funding
Staff has looked into the approximate cost of hiring a consultant to develop the referenced HCP,
taking into consideration the availability of data from the FWS and other agencies concerning scrub
jay populations and habitat in Indian River County. Stafi's finding is that the proposed work could
be done for approximately $20,000.
The proposed HCP directly relates to the management of a number of properties acquired by the
County under the environmental lands program . Those properties include:
• the St. Sebastian PUD Property (+312 acres)
• the AGC Industrial Tract Scrub (+76 acres)
• the 34 AGC Scrub Lots (+10 acres)
• the Wabasso Scrub Conservation Area (+111 acres)
When the County acquired the referenced properties with cost -share funds from the Florida
Communities Trust (FCT), the County obligated itself to manage scrub habitat on the properties in
coordination with the FWS as part of an overall HCP. Because of the direct relationship of the
proposed HCP and the management of acquired environmental lands in fulfillment of cost -share grant
agreements, environmental land bond monies can be used to fund the proposed HCP.
RECOMMENDATION
Staff recommends that the Board of County Commissioners authorize staff to develop a proposed
scope of services and issue a Request for Proposals (RFP) for professional services relating to
development of a Sebastian area -wide scrub jay Habitat Conservation Plan (HCP), at a cost not
exceeding $20,000, to be funded by environmental land acquisition bond monies.
ATTACHMENTS
• City of Sebastian Resolution R-97-63 conceptually supporting an area -wide HCP.
• Letter dated 10/02/97 from School Board staff concerning the proposed HCP.
• Copy of 10/17/96 staff letter to FWS proposing county conservation scrub lands as mitigation for
development of the Sebastian Highlands Scrub lots.
• FWS letter dated 11/12/97 in response to the County's proposal.
Commissioner Adams asked if this will be like the one done on the 111 acres, and Mr.
DeBlois said similar data was necessary. That previous study was a good example of the
level of detail necessary. Mr. DeBlois went on to describe the general process.
Commissioner Adams then asked if Mr. DeBlois was comfortable that in doing this
HCP the Sebastian Highlands lots will be released.
Mr. DeBlois responded that he will not know for sure until we actually go through the
permitting process, but he has a general feeling that the plan will result in the release of the
lots.
Chairman Eggert pointed out that if it is not done, the lots will not be released.
48
December 9, 1997
- M M
Commissioner Adams thought that all the dickering back and forth is costing the lives
of scrub jays. She was delighted to finally move forward, not only for the people in
Sebastian but also for the scrub jays.
Commissioner Tippin indicated he would support this item but he was concerned
about the future costs involved. He suggested that the consultants be informed of the
concern for future management of these conservation lots.
Commissioner Ginn agreed that a consultant is the way to go, but she was concerned
about the lukewarm endorsements which came from the City of Sebastian and the Indian
River County School District Board. She could not see why they cannot help defray the
costs of this study, which will be an enormous help to both.
Commissioner Macht agreed that their endorsements were carefully crafted not to
include money, but in their defense he observed they pay tax, too, and it would be double
taxation to the taxpayers if they were to contribute in this instance.
Commissioner Adams defended them also since the Board backed out of purchasing
the lots at the last minute, when they were depending on the County to purchase them.
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Ginn, the Board unanimously authorized staff to
develop a proposed scope of services and issue a Request for
Proposals (RFP) for professional services relating to
development of a Sebastian area -wide scrub jay Habitat
Conservation Plan (HCP), at a cost not to exceed $20,000, to be
funded by environmental land acquisition bond monies, as
recommended by staff.
II.B.1. TALCOM. INC. LEASE AMENDMENT TO PROVIDE CO
LOCA TIONA GREEMENTS WITHPRIMECOAAD SPRINTATBAILEY
STREET TOWER SITE
The Board reviewed a Memorandum of December 21 1997:
49
December 9, 1997
r- 1,
0;,V �l 0j, PAGE f6o
TO: Honorable Board of County Commissioners
THROUGH: Jim Chandler, County Admi istrator
FROM: Doug Wright, Director
Emergency Services
DATE: December 2, 1997
SUBJECT: First Amendment To Lease Agreement Between Indian River County And
Talcom, Inc., To Provide For Tower Co -Location Agreements With PrimeCo
Personal Communications and Sprint Spectrum At The Bailey Street Tower Site
On December 19, 1995, the Board of County Commissioners approved a Lease Agreement with
Talcom, Inc., leasing property (810 Bailey Street, Sebastian) for a communications tower to be
constructed which benefitted both the County's 800 MHz communications system and Talcom's
cellular phone communications system.
Since the intent of the original lease was for the tower to be limited to the use of the County and
Talcom communications systems equipment only, the First Amendment To Lease Agreement is
now before the Board for the purpose of permitting Co -Location Agreements with other
telecommunications providers based on the established policy of the County relating to towers
and tower construction.
Article 18 (c) of the original Lease Agreement referenced above provides that, as to other
parties, the Agreement may not be sold, assigned, sublet, licensed or transferred, in whole or
in part, without the prior written consent of the County. The First Amendment To Lease
Agreement provides for Talcom, Inc., to enter into Co -Location Agreements with PrimeCo
Personal Communications, L.P., and Sprint Spectrum, L.P., or any other third party
telecommunications service provider pursuant to all fees being paid and all conditions of the
original Lease Agreement being met.
Staff has negotiated with Talcom wherein the County will receive one half ($15,000) of the
$30,000 reimbursement amount (one time payment) paid to Talcom plus one half ($9,000) of
the annual rent, which is expected to be $18,000 from each company co -locating on the tower.
The revenue is planned to be utilized to assist in maintaining the 800 MHz communications
system after it is accepted by the County.
Only the language in Section 4 of the Original Lease Agreement is modified by the insertion of
sub -paragraph (f), except for the address of Talcom which is noted in Section 18.d. The terms
and provisions of the other parts of the Lease remain unmodified and continue in full force and
effect.
RECOMMENDATION:
Staff recommends Board approval of the First Amendment To Lease Agreement and requests
the Board authorize the Chairman to execute the necessary documents in this matter.
ATTACHMENTS:
1. Copy of original Lease Agreement executed on December 19, 1995.
2. Fax copy of First Amendment To Lease Agreement. Original copies of the documents
signed by Talcom, Inc., to be provided prior to December 9, 1997.
50
December 9, 1997
MOTION WAS MADE by Commissioner Macht, SECONDED
BY Commissioner Adams, to approve the First Amendment to
Lease Agreement with Talcom, Inc. and authorize the Chairman
to execute the necessary documents, as recommended in the
memorandum.
In making the motion, Commissioner Macht complimented staff for bringing back
money to the County in this and suggested that the funds be allocated to fiber optic extension
expenses.
Under discussion, Commissioner Ginn congratulated staff on a good job, but
disagreed that the revenue should go into the general fund and not be earmarked.
Administrator Chandler stated that the income will actually be credited to the general
fund, with this additional revenue identified as helping us offset the additional expenses for
the 800 MHz system.
The Chairman called the QUESTION and the motion passed unanimously.
FIRST AMENDMENT TO LEASE AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
II.B.2. GROUND SPACE LEASE WITHSPRINT SPECTRUM FOR
LOUIPMENT PLACEMENT ONEXISTING BELLSOUTHMOBILITY
TOWER
The Board reviewed a Memorandum of December 2, 1997:
TO: Honorable Board of County Commissioners
THROUGH: Jim Chandler, County Administrator
FROM: Doug Wright, Director
Emergency Services
DATE: December 2, 1997
SUBJECT: Ground Space Lease Between Indian River County and Sprint Spectrum For
Placement of Telecommunications Equipment On Existing BellSouth
Mobility Tower
51
December 9, 1997
On August 14, 1990, the Board of County Commissioners approved a Lease Agreement with
BellSouth Mobility, Inc., for the company to lease a portion of County land (45' x 55') near the
transfer station in Gifford located at 3975 65th Street, for the construction of a 315' foot
telecommunications tower. The County owns approximately 19.5 acres at this location and
about 3.2 acres is being used for the refuse transfer station.
Sprint Spectrum and BellSouth Mobility have been negotiating and have reached an agreement
regarding Sprint co -locating on the existing BellSouth Mobility telecommunications tower.
However, BellSouth Mobility does not have room inside the existing fenced area and equipment
building to accommodate the Sprint communications equipment. Therefore, Sprint is requesting
the County lease 900 square feet of ground space near the BellSouth Mobility property for the
placement of the Sprint equipment.
Staff has been negotiating with Sprint representatives and the attached Ground Space Lease
mirrors the recently approved PrimeCo lease and includes all the additional clauses the Board
required in the prior referenced lease. Sprint has agreed to pay a one time fee of $10,000 plus
a recurring annual rental of $9,360 in.advance. On each anniversary of the lease, the rent is
increased by four percent (4%). Sprint is also required to deposit with the County a refundable
security deposit of $10,000 or an irrevocable letter of credit in the same amount to be used to
restore the property in the event Sprint breaches the Lease in some manner.
The revenue is planned to be utilized to assist in maintaining the 800 MHz communications
system after it is accepted by the County.
RECOMMENDATION:
Staff recommends the Board approve the proposed Ground Space Lease with Sprint Spectrum
and authorize the Chairman to execute the necessary documents in this matter.
ATTACHMENTS:
Original copies of the proposed Ground Space Lease.
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Macht, the Board unanimously approved the
proposed Ground Space Lease with Sprint Spectrum and
authorized the Chairman to execute the necessary documents, as
recommended in the Memorandum.
GROUND SPACE LEASE IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
52
December 9, 1997
I1. G.1. KINGS HIGHWAYIMPROVEMENTS - KINGSWOOD
ESTATES WALL
The Board reviewed a Memorandum of December 2, 1997:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis P.E.
Public Works Director'
FROM: Terry B. Thompson, P.E--rit
Capital Projects Manager
SUBJECT: Kings Highway Improvements
Kingswood Estates Wall
DATE: December 2, 1997
DESCRIPTION AND CONDITIONS
On September 10, 1996, the Board of County Commissioners agreed to construct a wall in the 10
foot wide limited access and buffer zone on the west side of Kingswood Estates as part of the
Kings Highway Improvements.
The purpose of the wall is to mitigate for the removal of vegetation along the west side of the
Lateral "B" Canal.
The Board's motion stipulated that when the wall was completed, it would become the property
of the association and the residents could plant vegetation in front of it. The height of the wall was
not discussed.
Staff has met with the residents of Kingswood and a pre -cast wall system with a keystone finish
has been selected. The estimated installed cost of the wall is as follows:
6' high wall: $58.65/LF x 1328 LF = $ 77,887.20 �
8' high wall:$76.83/LF x 1328 LF = $102,030.24-1
The residents of Kingswood have been adamant with staff about their desire to have an eight foot
(8') high wall. Per Section 912.14 of the Land Development Regulations, fences or walls not
exceeding six foot(6') in height may be erected on rear lot lines provided they are not placed in
easements. Construction of an eight foot(8) high wall will require an Administrative Approval from
the Community Development Director and may be permitted if visually compatible and additional
security is necessary. Staff is of the opinion that the canal provides security and additional
security beyond the canal and a eight foot high(8') wall is not necessary.
ALTERNATIVES AND ANALYSIS
Alternative No. 1
Construct a six foot (6) high wall at an estimated cost of $77,887.20.
Alternative No.2
Construct an eight foot (8) high wall at an estimated cost of $102,030.24.
RECOMMENDATIONS AND FUNDING
Staff recommends approval of Alternative No. 1. Funding is from Account 101-158-541-067.30
ATTACHMENT
Section 912.14, of Indian River County Code
53
December 9, 1997
ON MOTION by Commissioner Ginn, SECONDED BY
Commissioner Macht, the Board unanimously approved
Alternative No. 1 to construct a six foot high wall at an
estimated cost of $77,887.20, as recommended in the
Memorandum.*
(CLERK'S NOTE: The Chairman went forward with the agenda to item 11.G.2.,
but prior to its completion, acting on information from County Attorney Vitunac that
there were people who wished to speak on the previous matter, the Board decided to
reopen 11.G.1. There was a motion by Commissioner Adams and second by
Commissioner Tippin, with a unanimous vote in favor of the reopening. For purposes of
continuity, item 11.G.1. will be continued here.)
Andy Cindric, Lot 12, Kingswood Estates, spoke at length about the concerns of
the residents of the neighborhood. He passed four photographs to underscore his points
of information. (Clerk's Note: Photos are on file with the backup in the office of the
Clerk to the Board.) He understood the drainage canal was supposed to be maintained by
St. Johns River Water Management District a couple of times a year, but stated that it
actually happened only about every 5 years. One of the concerns was an always open
gate that is supposed to prohibit the public from entering the St. Johns River Water
Management District's property. They had concerns for the safety of their children and
the vegetation between their subdivision and the canal was sufficient to keep the children
and others away from the canal and acts as a buffer for roadway noises that will increase
when 58th Avenue is improved. He disputed many of the statements that he had heard
from staff. He thought a G high wall would not provide enough security. He pointed out
that Wal-Mart had an 8' wall to separate it from an abutting neighborhood. He noted that
the 43rd Avenue property owners were treated differently from the 58th Avenue property
owners; he felt he and his neighbors were not treated with the same courtesy. He stated
they would like to have the clearing of the vegetation called off, if possible. They would
like the effective height of the wall be a greater barrier against noise. He requested the
pine trees on the north side be retained.
In response to Commissioner Macht, Public Works Director James Davis advised
that the clearing would be done by the County's contractor.
54
December 9, 1997
Mr. Cindric also requested that the wall be placed at the most westerly edge of the 10'
buffer as suggested by former County Commissioner Dick Bird, instead of as currently
configured on the east side of the 10' buffer. He also requested that the gates be kept locked
instead of being left open. He hoped the clearing of the vegetation would not be done until
the wall is ready to be built. Lastly, with the additional traffic, they would like to have a
noise survey conducted to see what the noise level is as compared to the Federal guidelines.
In response to Commissioner Ginn, Director Davis advised he will contact the St.
Johns River Water Management District's Mr. John Amos to lock the gates.
Ron Lambert, 1481 56th Way, wanted to thank the County for being willing to
provide a wall and asked if the wall could be elevated about two feet through the use of fill
to give it an effective height of a 6' wall from the floor elevation of the houses.
In response to the previous request, Director Davis advised that they do have in the
plans to place some fill in the area to berm up the wall.
Capital Projects Manager Terry Thompson advised that the wall will be 130' from the
edge of the road with the canal in between. There is a stabilized area for the St. Johns River
Water Management District to do their maintenance and there is a 10' buffer zone and a 20'
drainage easement. The wall is planned for the outside of the buffer zone effectively to raise
the wall and use the existing berm. The elevation of the road is from 22 to 22-1/2 and the
elevation at the top of the wall is at 28'. The wall will become the property of the
homeowners and the 10' buffer will allow room to plant vegetation.
In response to a question from County Attorney Vitunac, Director Davis advised that
staff's recommendation was based not only on cost but also on the County's current
development code which sets the height limit of 6' unless certain criteria are met. Staff's
opinion on the security aspect is that security is provided by the canal itself.
David Koolish, 1440 56th Square, in Kingswood Estates, wanted to make three
points. The security concern they had was the neighborhood children who might find the
canal an attraction. He referred to the 8' wall behind Wal-Mart as written up in the local
newspaper to make his next point. He stated that the 50-60 mph traffic on the improved 58th
Avenue would be far more offensive than trucks unloading behind Wal-Mart. Finally, the
code Director Davis had referred to was for property owners erecting walls and did not refer
to walls being erected by the County. He felt that was not appropriate in this case.
55
December 9, 1997
['0Dr, 103 ! 3
Chairman Eggert pointed out that the County obeys its own laws with very few
exceptions.
Commissioner Ginn stated that everyone knew the canal was there before they bought
in the neighborhood. She pointed out that they would be able to put plantings on both sides
of the wall. She felt staff had done an excellent job.
ON MOTION by Commissioner Ginn, SECONDED By
Commissioner Macht, the Board unanimously approved
Alternative No. 1 to construct a six foot high wall at an
estimated cost of $77,887.20, as recommended in the
Memorandum.
11.G.2. KINGS HIGHWAYIMPROVEMENTS PARTIAL RELEASE
OF RETAINAGE - KIMLEY-HORN
The Board reviewed a Memorandum of December 221997:
TO:
James E. Chandler,
% Retainage Requested
County Administrator
Survey
C�
THROUGH:,
James W. Davis, P.E., _
Aerials
Public Works Director-
irectorFROM:
10%
$ 3,330.08
FROM:
Terry B. Thompson, P. .,
10%
Capital Projects Manage
SUBJECT:
Kings Highway Improvements Partial Release of Retainage
DATE:
December 2, 1997
DESCRIPTION AND CONDITIONS
The design of Phase I Kings Highway Improvements from, 1r Street to north of 26"' Street
is 100% complete. The consultant, Kimley-Horn and Associates, Inc. is requesting partial
release of retainage as follows:
Task
% Complete
% Retainage Requested
Amount
Survey
100%
10%
$ 9,595.30
Aerials
100%
10%
$ 3,330.08
Bridge Design
100%
10%
$32,125.50
Roadway Design
88%
5% of Phase 1
$16,863.60
Landscape Design
95%
5%
$ 575.00
Geotechnical
90%
5%
$ 2.435.00
$64,924.48
56
December 9, 1997
Phase I construction is scheduled to be Advertised for Bid December 5, 1997. Phase II
construction is scheduled to be Advertised for Bid in the summer of 1999. Staff feels that
a partial release of retainage is appropriate because of the extended time between
phases.
RECOMMENDATIONS AND FUNDING
Staff recommends that the Board approve a partial release of retainage in the amount of
$64,924.48. Funding is from Account 101-158-541-067.30.
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Macht, the Board unanimously approved a
partial release of retainage in the amount of $64,924.48 to
Kimley-Horn and Associates, Inc. as requested by them, as
recommended in the Memorandum.
I L G.3. BID NO. 8020 - CULVERT REPLACEMENT INLATERAL J
CANAL AND SUB -LATERAL J -S CANAL ONHIGHLAND DRIVE SW-
SHELTRA & SON
The Board reviewed a Memorandum of November 19, 1997:
TO: James E. Chandler, County Administrator
THROUGH: James W. Davis, P.E., Public Works Director,
H. T. "Sonny" Dean, General Services Director, AIDS ,
Fran Boynton Powell, Manager, Purchasing Deparkm t
FROM: Roger D. Cain, P.E., County Engineer AND
Michelle A. Gentile, CET, Civil Engineer Q'
SUBJECT: Bid No. 8020 A .
Culvert Replacement in Lateral J Canal and Sub -Lateral J-5 Canal
on Highland Drive SW - IRC Project No. 9607
DATE: November 19, 1997
BACKGROUND INFORMATION
Bid Opening Date:
Specifications Obtained by:
Replies:
December 9, 1997
November 5, 1997
Eight 8 Vendors
Six a Vendors
57
110J ��
RITLATION
T 1TNLT2R1rF
Coastal Construction of Brevard, Inc.
$249,972.00
1222 N Harbor City Blvd.
Melbourne, FL 32935
Jobear, Inc.
$188,441.00
1950 Danr Drive NE
Palm Bay, FL 32905
Johnson -Davis, Inc.
$170,909.00
604 Hillbrath Drive
Lantana, FL 33462
Driveways, Inc.
$213,300.00
3300 Bobbi Lane
Titusville, FL 32780
Martin Paving Co.
$252,760.00
9400 N US #1, #9436
Sebastian, FL 32958
Sheltra & Son Constr. Co,
$156,187.00
P.O. Box E
Indiantown, FL 34956
TOTAL AMOUNT OF BID:
SOURCE OF FUNDS:
ACCOUNT NO.:
ALTERNATIVES & ANALYSIS
$156,187.00
Local Option Sales Tax
315-214-541-066.51
Alternative No. 1. The Board award the contract to Sheltra & Son Construction Company and
direct the Chairman to execute the agreement on behalf of the Board of County Commissioners.
Staff further recommends that the Board direct that all bonds, insurance certificates and other
formalities as required by the terms of the contract and bid documents be submitted and approved
by the appropriate staff departments responsible, including the Attorney's office prior to issuance
of a Notice to Proceed by the Department of Public Works. This project is going to require strict
utility coordination and in the event the utility adjustment work requires additional time, the
contract time may have to be extended through a change order.
Alternative No. 2 The Board reject the bids and not award the contract.
RECOMMENDATION
Staff recommends Alternative No. 1. Staff recommends that bid be awarded to Sheltra & Son
Construction Company as the lowest, most responsive bidder meeting specifications for
construction of Culvert Replacement in Lateral "J" and Sub -Lateral "J-5" Canals on Highland
Drive SW. The Contract Agreement is now being presented for approval and execution by the
Chairman and attesting by the Clerk. We have had four (4) Contract Agreements executed in the
original by the proposed contractor, Sheltra & Son Construction Company. Staff will work
closely with Risk Management and the Attorney's Office in getting those offices' approval of the
insurance certificates and bonds prior to issuing the Notice to Proceed.
58
December 9, 1997
ATTACHMENTS
1. Original Contract Agreement - IRC Project No. 9607 — 6;ry�
Z_ce
Public Works Director James Davis advised that Bob Swift of the Indian River Club
has requested that this project be delayed until after the peak winter season. The contractor
has advised that the latest they can delay it is to March 19th. Staff has concern about the
possibility of failure of the culvert. It would take about 60 -days to replace the culvert; some
utility lines will have to be relocated. Staff is trying to do this before the rains begin.
Bob Swift appreciated Director Davis' assistance on this. He would be the last person
to speak against needed improvements on that roadway. He stated their (selling) season runs
from about mid-January to mid-April. He felt the heart of their marketing program would
be cut out if they were not able to bring potential buyers in from US#1 on the enhanced
roadway. If there is any way he can work with staff to "limp through" the next couple of
months on the culverts and delay the start of the work until mid-April, he would appreciate
it.
Chairman Eggert explained that the contract had already come in before his request
and that the contractor can wait only until mid-March.
Mr. Swift asked if he could contact the contractor to give him an understanding of the
concerns and see if there is anything that can be done to move it back another month. He
offered to do anything in the meantime to provide monitoring of the culverts on a daily basis,
they would be happy to do so.
Commissioner Adams asked about the County's liability should the culvert fail, and
County Attorney Vitunac thought that once the engineer has stated there is a threat there and
worry about it failing, if they postpone the repair for a private interest, he thought there
would be liability.
In response to Commissioner Macht's questions, Director Davis advised that the
concern was failure of corroding corrugated metal. They could probably put steel plate over
it, but there is not much cover on top of the pipe because it is very close to the road.
Mr. Swift suggested they might revisit their PD approval since it calls for all delivery
traffic to come in on that road. Maybe some of that heavy traffic could be taken off of it in
the meantime. They are willing to do anything they can to help the situation. They
We
December 9, 1997
understand it needs to be done and are happy to see it be done.
Commissioner Adams understood that the normal deterioration process starts with a
depression before seeing a small crack, and Director Davis agreed saying that he has seen
that. She stated that seldom is total/catastrophic failure seen. Director Davis stated that they
have had total failures before.
Mr. Swift thought the 8" rain that came last September, which created a sink hole,
had precipitated the realization of how bad the situation is.
Commissioner Ginn thought it could possibly be done right away and finished before
their peak season, and that idea was negated because the contractor has to order his materials
and also utility lines have to be relocated.
Commissioner Macht was more inclined to work with Mr. Swift because the
development has done a great deal to upgrade the entire area and will be reflected in the tax
rolls and the general ambiance of the community. He thought anything that can be done
without injury ought to be done.
Chairman Eggert thought the contractor could be requested in mid-March to consider
a month's delay on their part, if it can be worked out.
MOTION WAS MADE by Commissioner Macht, SECONDED
BY Commissioner Adams, to approve staff's recommendation
and ask the contractor in mid-March if it will be possible to wait
until mid-April to commence the work; to ask the Indian River
Club to daily monitor the condition of the culvert and report any
problems to Director Davis.
Under discussion, Commissioner Tippin suggested encouraging the contractor to
delay the road closing by doing the preparatory work first.
Chairman Eggert thought that some road monitoring might be done to remove
heavy trucks from the culvert entrance.
Director Davis understood Mr. Swift's request and he did not want the Board to
think that a long detour is planned. Staff actually has planned a short detour around the
project and most of the traffic would come in and actually traverse the nicely landscaped
roadway.
,e
December 9, 1997
Civil Engineer Michelle Gentile, CET, from the Engineering Division, advised that
she spoke with the contractor, Sheltra & Son, and the latest date they can start is March 16th,
not March 19th, which had been mentioned earlier.
The Chairman called the question and the motion passed unanimously.
CONTRACT DOCUMENTS AND SPECIFICATIONS
ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12. COUNTYATTORNEY - DELINQUENT ASSESSMENTS
VARIOUS SPECIAL PROJECTS
The Board reviewed a Memorandum of December 2, 1997:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney 4
DATE: December 2, 1997
RE: Delinquent Assessments
Beginning early this summer our office In coordination with the Tax Collector's
Office began the process of collecting overdue special assessments for paving,
drainage, and similar Improvement projects.
In the first phase of this process, 141 delinquent accounts were notified that
payment was required by the end of July, 1997. Because of the requests of
certain property owners for additional time to make partial payments, the
delinquent assessment payers were granted an additional period of time to
make their accounts current That period expired September 30, 1997, and this
office indicated that it would present an accounting of the overdue accounts to
the Board in early December for direction from the Board as to what steps to
take to collect the remaining overdue accounts. There are now 40 outstanding
delinquent accounts.
Attached to this memo Is an accounting of the delinquencies and the various
projects. Remedies available to the County include the following:
1. Filing foreclosure actions on all properties except those which have claimed
a homestead tax deferral exemption.
61
December 9, 1997
2. Waiting until the property changes hands or is refinanced, in which case the
lien would be paid. Certain of the liens were only recorded in the
Assessment Lien Book pursuant to prior code procedures. If this
recommendation is followed, these liens should be recorded in the O.R.
Book in accordance with new code procedures.
Recommended Action:
Our office recommends Alternative #2 as the most cost-effective and certain way
to have the present and future delinquent accounts paid.
CPV/lk
Attachment: List of Delinquent Accounts
County Attorney Vitunac advised that Nancy Mossali had spent the last six months
doing a prodigious amount of work trying to collect some of the overdue assessments which
had become delinquent over the last number of years. He advised that she worked closely
with Tax Collector Karl Zimmermann's office staff. He called on Ms. Mossali to give a
report.
Legal Assistant Nancy Mossali described her collection efforts which resulted in a
collection rate of 721/o, 40 accounts remain unpaid. Of the original $159,377 that was due
as of June 30, 1997, $66,351.37 (P & I) is still remaining as of December 1, 1997. A total
of $93,025.63 was collected so far through her efforts. She recalled her conversations with
several people. Many of them thought their assessments were collected through their tax bill.
Also many had two assessments (one collected by Utilities Department and the other by the
Tax Collector) and the people were confused on which were paid and which were not. Many
elderly and disabled people could not afford to pay. Others live paycheck -to -paycheck and
could not afford to get a loan The mortgagee was copied on all the letters where taxes were
paid by the mortgagee and in some instances the holders of the mortgage have paid the
account and are collecting from their customer. Although the payment plan time has expired,
she has urged those who still owe to try to say ahead of the interest.
County Attorney Vitunac advised that the recommendation to the Board is to not
foreclose on the houses of these people, but that assessment liens be recorded in the Official
Records so they will be on record and the County will be paid off as a first lien whenever
there is any activity (sale or refinancing) on the property. The Board may foreclose if they
would like, however. Ms. Mossali is still taking phone calls and is putting a voice and face
to the County's letters; she has gotten a dialog going with people and advised them they
62
December 9, 1997
should pay these bills when they can. Staff is hopeful that these liens will be paid off when
the properties turn over so people will not have to be evicted from their homes.
Chairman Eggert asked if anything is being done to avoid this situation in the future,
and County Attorney Vitunac recommended that recording in the OR books is better than
recording them in an Assessment Lien Book.
MOTION WAS MADE by CommissionerAdams, SECONDED
BY Commissioner Tippin, to approve Alternative #2 as set forth
in the Memorandum and as recommended by staff.
County Attorney Vitunac expressed thanks to Ms. Mossali for her work. Chairman
Eggert agreed that it had not been an easy job.
Ross Cothran, auditor, wanted to make the Board aware of a couple ofrelated issues.
The effort to collect the accounts was tremendous and well received. Normally he would
make this recommendation after the audit, but he wanted the Board to be aware that the
receipts of this project have been through the County Attorney's Office and this has created
some problems within the Tax Collector's office as far as maintaining their records. He
wanted to make sure that in the future all collection dollars be received through the Tax
Collector's office. There are some existing problems with some of the accounts not being
resolved in the Tax Collector's records. There are some differences between the amount
collected and satisfied versus what is reflected as due on the Tax Collector's records. These
amounts will have to be resolved. He suggested that in the future the Tax Collector's office
should do any collections.
The Board expressed their delight for the Tax Collector's office to do the collecting.
Tax Collector Karl Zimmermann advised that Mr. Cothran's recommendation was to
correct their records through an accounting transfer, with which he is agreeable. The point
is that his records will show either an existing balance or that an account is paid. If the
account is paid, there is a discrepancy which will have to be adjusted through his accounting
methods because all the money shown as due was not collected. He would like to resolve
this as soon as possible. His office is more than happy to continue collecting these with the
understanding that his office will be the only collection agency.
63
December 9, 1997
Mr. Zimmermann asked that the Board consider a former policy that says they will
foreclose if accounts are not timely paid.
Several Commissioners stated that foreclosure is a possibility, but it is not their desire
to put people out of their homes.
Commissioner Adams understood the accounting discrepancies, but felt that the
Commissioners could accept the paid amount as full payment on a Consent Agenda item that
would satisfy the auditor's accounting.
The Chairman called the question and the motion passed unanimously.
13.D. ST. JOHNS RIVER - AMERICAN HERITAGE RIVER
The Board reviewed a letter of November 18, 1997:
RECEIVED
DEC - 8 1997
CLERK TO THE BOARD
OFFICE OF THE MAYOR
JOHN A. DELANEY
MAYOR
November 18, 1997
The Honorable Carolyn Eggert
Chairman
Indian River County
1840 25th Street
Vero Beach, Florida 32960
RECEIVE
DEC 0 4 1997
BOARD OF COU;.
COMMISSION
/ -3
1400 CITY HALL
220 EAST BAY STREET
JACKSONVILLE. FL 32202
Dear Chairman Eggert:
I was pleased to hear of the support from your county of the application for designation of the St.
Johns River as an American Heritage River.
64
December 9, 1997
The 310 -mile St. Johns River defines much of central and north Florida, and it is most appropriate
that this river be recognized for its beauty, its utility and its rich history. As I'm sure you are
aware, in January, the President will name ten rivers for this special designation. While there are
no federal programs or funding initiatives specifically tied to the program, the designation could
significantly enhance the opportunity for communities along the St. Johns to obtain federal
funding. There has been some scepticism from property rights activists regarding the program.
Personally, I am a strong proponent of property rights, however, after closely reviewing the
application, I foresee no addition regulation as a result of the designation. Rather, the program is
designed to assist selected communities in identifying existing federal resources to help maintain
the environmental and economic viability of our nation's great rivers.
As you may know, I will officially nominate the St. Johns to be named one of the ten American
Heritage Rivers, and hope that you will join this effort to preserve the heritage of the St. Johns by
co -sponsoring the application. If you would like to be named as a co-sponsor of this application, IVO
please contact Michael Dillin (904)630-4712 or Isabel Pease (904)630-1770. The application is
due in Washington on December 10, 1997, so your prompt reply is greatly appreciated.
Thank you for your consideration.
Sincerely,
John A. Delaney
Mayor, City of Jacksonville
11
Printed On Recycled Paper
DISTRI LITION t IcT
Commissioners ... ✓_
Administrator
Attorney
Personnel _
Public Work.
Community Dev.
Utilities
Finance
OMB
Emerg. Serv,
Risk Mgt,
r*h#qr r1 i
Chairman Eggert suggested that the Board ask Executive Aide Alice White to advise
that the Board was withdrawing their support and follow up with a letter to the Mayor of
Jacksonville saying we changed our minds.
Commissioner Groin recounted how the St. Johns River Water Management District
had also gotten involved in this issue as they had then understood it, and we supported them.
Now we have additional information. She wondered if the Board wanted to do anything
beyond calling and writing because the whole river will be under the American Heritage
Rivers, unless we also send a letter to the Federal government (she had the information)
saying that we disagree. She thought was something we ought to do because it definitely
impacts the future management of the river.
Chairman Eggert understood that if the Board does nothing, they will not be a co-
sponsor, but thought the Board might as well go directly to Mr. Dillin or Mrs. Pease.
Commissioner Ginn agreed and thought they should go beyond.
Chairman Eggert asked and Commissioner Ginn agreed to draft a letter for the
Chairman's signature.
65
December 9, 1997
60,1"LJ FA�C "34
Commissioner Adams indicated that she will not support this; there were no other
objections.
(Clerk's Note: Copies of the letters which were sent are on file
with the back-up in the office of the Clerk to the Board.)
There being no further business, upon motion duly made and second, the Chairman
closed the meeting at 11:13 a.m.
ATTEST:
Jeffrey K. Barton, Clerk
Minutes approved
December 9, 1997
Carolyn . Eggert, an