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HomeMy WebLinkAbout8/21/1990_BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING AUGUST 21, 1990 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Carolyn K. Eggert, Chairman Richard N. Bird, Vice Chairman Margaret C. Bowman Don C. Scurlock, Jr. Gary C. Wheeler James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 9:00 A. M. I. CALL. TO ORDER PAGE 2. INVOCATION -Reverend Jerry Sweat Asbury United Methodist Church 3. PLEDGE OF ALLEGIANCE - Comm. Richard N. Bird 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS 1 -Consent Agenda, Item H - Out -of -County Travel Approval. 2.Consent Agenda, Iters I - Appl. for Gov. Drug -Free Communities Grant Program 3. Add'l storage space for Clerks north county office 4. Emer. spraying for mos uito control in Fellsmere. and Vero LakesEstates S. APPROVAL. OF MINUTES 5. Update on- TCRPC• A. Approval of Minutes of Regular Meeting of 7-17-90. B. Approval of Minutes of Regular Meeting of 7-24-90. 6. CONSENT AGENDA A. Approval of Appointments of Civil Process Servers, under Sheriff Tim Dobeck of Indian River County, as follows: Beverly Barwick Susie M. Erhardt Sherrie D. Matthews B. Proclamation - Juvenile Awareness Week C. App't. of Robt. McCollum as Sebastian's alternate on Transportation Planning Committee, replacing Peter Jones (letter dated Aug. 10, 1990) D. Audit Contract with Coopers E Lybrand (memo dated Aug. 14, 1990) 1 99 j ��Q� n' a ®b. 6. CONSENT AGENDA CONTINUED E. Authorization to issue C.O. #3 for North County Community, Library ( memo dated Aug. 14, 1990) ` F. Tierra Linda Streetlights - Budget Amendment 066 ( memo dated Aug. 14, 1990) _. G. Misc. Budget Amendment 067 • ( memo dated Aug. 15, 1990 ) 7_ CLERK TO THE BOARD None 9:05 a. m. 8. A. PUBLIC DISCUSSION ITEMS Request for the Adoption of County Ordinance Providing for Collection of Unpaid Parking Tickets ( letter dated July 23, 1990) : B. PUBLIC HEARINGS 1. Citrus Gardens Subdivision r Water Distribution System Resolution No. 3 ( memo dated Aug. 10, 1990) 2. Rencorp Inc.'s Request for Conceptual PRD Approval for Coquina PRD ( memo dated Aug. 10, 1990) ' 9. COUNTY ADMINISTRATOR'S MATTERS None 10. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None' B. EMERGENCY MANAGEMENT 1. Approval of Resolution Reauthorizing Imposition of Countywide 911 Fee for Re- curring and Non-recurring Charges of E911 System ( memo dated Aug. 15, 1990 ) 2. FY -91 Radiological Emergency Preparedness Agreement ( memo dated Aug. 14, 1990) 3. Approval of Sub -contractors for Ind. Riv. Co. Jail - Phase III ( memo dated Aug. 15, 1990 ) 4. Division of Forestry Mutual Aid Agreement _ (memo dated Aug. 14, 1990) d L.4 n 10. DEPARTMENTAL MATTERS CONTINUED C. GENERAL SERVICES Communication Cable - Administration Building to Health Department Bldg. ( memo dated Aug. 10, 1990 ) D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS 1. Request for Extension of Sand - forest P.R.D. Land Development Permit ( memo dated Aug. 10, 1990 ) 2. CR 512 Widening Improvements Status ( memo dated Aug. 8, 1990 ) 3. Ind. Riv. Blvd. IV R -O -W Purchase Thomas Kennedy ( memo dated Aug. 14, 1990 ) H. UTILITIES 1. So. County Reverse Osmosis Plant Expansion, Work Authorization No. 10 with Camp Dresser 8 McKee ( memo dated Aug. 9, 1990 ) 2. 12th Street Area Water Line, Work Authorization No. 90W-1 with Mastel ler & Moler Assoc., Inc. ( memo dated Aug. 7, 1990 ) 3. Heron Cay (90th Ave.) Water Main Extension Final Payment ( memo dated Aug. 8, 1990 ) 11. COUNTY ATTORNEY None 12. COMMISSIONERS ITEMS A. CHAIRMAN CAROLYN K. EGGERT Discussion of unwanted things tossed in yards and driveways. (memo dated Aug. 9, 1990) A .1 B. VICE CHAIRMAN RICHARD N. BIRD aOti'ttiC t:i AUG 21 1990 12. COMMISSIONERS ITEMS CONTINUE[ C. COMMISSIONER MARGARET C. D. COMMISSIONER DON C. LCUR • E. COMMISSIONER GARY C� WHEELER 13. SPECIAL DISTRICTS SOLID WASTE DISPOSAL DIS RICT A. Approval of Minutes of /10/90 meeting. B. Approval of Minutes of /7/90 meeting. C. Decide on petition heari g dates for Solid Waste Assessm nt Roll (memo dated Aug. 15 1990) ANYONE WHO MAY WISH TO APPEAL ANY DE MEETING WILL NEED TO ENSURE THAT A VERI MADE WHICH INCLUDES THE TESTIMONY AND E BE BASED. VSION WHICH MAY BE MADE AT THIS 1ATIM RECORD OF THE PROCEEDINGS IS VIDENCE UPON WHICH THE APPEAL WILL Tuesday, August 21, 1990 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, August 21, 1990, at 9:00 o'clock A.M. Present were Carolyn K. Eggert, Chairman; Richard N. Bird, Vice Chairman; Margaret C. Bowman; Don C. Scurlock, Jr., and Gary C. Wheeler. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; OMB Director Joe Baird; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order. Reverend Jerry Sweat of the Asbury United Methodist Church gave the invocation, and Commissioner Bird led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDAIEMERGENCY ITEMS Chairman Eggert requested the addition as Item H on today's Consent Agenda of approval of out -of -county travel for herself and appropriate staff to travel to Tallahassee as needed in negotiating with the DCA on the Comp Plan. Chairman Eggert also requested the addition as Item I on today's Consent Agenda of retroactive approval of application for the Governor's Drug -Free Communities Grant Program. Administrator. Chandler requested the addition as an emergency item of a request from the Clerk for additional storage space in the North County Office. They do not have a place where they can lock up their records. DUE noK, AUG 2 11990 Administrator Chandler requested the addition of approval of emergency mosquito control spraying in Fellsmere and Vero Lakes Estates. Commissioner Scurlock questioned whether the Board is going to be asked to take action today, and Administrator Chandler explained the necessity of approving the spraying today. Chairman Eggert requested the addition under her matters of an update on the Treasure Coast Regional Planning Council. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously added the above items to today's Agenda. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of July 17, 1990. There were none. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board unanimously approved the Minutes of the Regular Meeting of 7/17/90, as written. The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of July 24, 1990. There were none. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously approved the Minutes of the Regular Meeting of 7/24/90, as written. CONSENT AGENDA A. Approval of Appointments of Civil Process Servers by Sheriff Tim Dobeck: ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the following appointments of civil process servers by Sheriff Tim Dobeck: Beverly Barwick Susie M. Erhardt Sherrie D. Matthews B. Proclamation - Juvenile Awareness Week PROCLAMATION DESIGNATING AUGUST 27-31, 1990 AS JUVENILE AWARENESS WEEK WHEREAS, the youth in Indian River County are exposed to a variety of conditions and/or situations that may test their moral values; and WHEREAS, public awareness of the problems juveniles encounter may lead to solutions for those problems or may even lead to ways of eliminating them; and WHEREAS, there are a number of service organizations in Indian River County that cater to the needs of juveniles; and WHEREAS, it is important that lines of communication between the service organizations and the residents of Indian River County be kept open, thereby improving the mechanics of the Juvenile Justice System; and WHEREAS, juveniles are often the victims of crime and several organizations cater specifically to the needs of juvenile victims: 'Now, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, Florida that August 27-31, 1990 be designated as JUVENILE AWARENESS WEEK in Indian River County, and the Board urges the citizens of this County to encourage and support the service organizations working to assist juveniles in many varied endeavors. Adopted this 21 day of August, 1990. BOARD OF COUNTY COMMISSIONER3 INDIAN RIVER COUNTY, FLORIDA Carolyn K. Egger C a rman 3 AUG 211990 HriF I 1 P r AUG 21 1990 -7 C. Appointment to Transportation Planning Committee 8 0 � The Board reviewed the following letter dated 8/10/90: City of Sebastian VubliN Works vev. POST OFFICE BOX 780127 a SEBASTIAN, FLORIDA 32978 Utilities TELEPHONE (407) 589-5330 Finance FAX 407-589-5570 Other p August 10, 1990 Indian River County Board -of County Commissioners 1840 25th Avenue Vero Beach, FL 32960 Attn: Alice White Dear Ms. White: The Sebastian City Council, at its August 8, 1990 Regular Meeting, appointed Councilman Robert McCollum as alternate to the Indian River County Transportation Planning Committee as a result of the resignation of City Planner, Peter Jones. If you have any questions, please do not hesitate to contact this office. Sincerely, Kat M. O'Halloran, CMC/AAE City Clerk ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the appointment to the TPC of Robert McCollum as alternate representation from the City of Sebastian, replacing Peter Jones. D. Audit Contract with Coopers S Lybrand The Board reviewed the following memo dated 8/14/90: TO: Members of the Board of County Commissioners DATE: August 14, 1990 SUBJECT: AUDIT CONTRACT WITH COOPERS & LYBRAND CONSENT AGENDA FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS Pursuant to the requirements of Florida State Statutes 11.45, a committee was formed comprised of Commissioner, Don C. Scurlock, Jr.; Clerk of the Circuit Court, Jeffrey K. Barton; Property Appraiser, David C. Nolte; Tax Collector, Gene E. Morris; Supervisor of Elections, Ann Robinson and Sheriff, R. T. "rim" Dobeck, to review proposals for audit services. The committee sent out Request for Proposals for audit services and received proposals from the following Certified Public Accounting firms: 1. KPMG Peat Marwick 2. Coopers & Lybrand 3. Ernest & Young After reviewing the proposals the committee short listed the Certified Public Accounting firms in the order below: 1. Coopers & Lybrand 2. Ernest & Young 3. 'KPMG Peat Marwick Staff has been able -to reach a contract they feel is reasonable with Coopers & Lybrand. The contract is similar to the prior contract in that it includes 40 hours a year of consulting services and the audit price increases $5,000 per year. The audit fee is as follows: First Year: $ 95,000 Second Year: $100,000 Third Year: $105,000 Fourth Year: $110,000 Fifty Year: $115,000 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached contract for audit services. 5 AUG 21 1990 n.ocK AUGr- r 1. UF at10K 1 FA�r. 1U ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the contract with Coopers & Lybrand for audit services, as recommended by OMB Director Joe Baird. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD YES E. Authorization to Issue Change Order #3 for North County Community Library The Board reviewed the following memo dated 8/14/90: TO:_ James Chandler DATE: August 14, 1990 FILE: County Administrator THRU: H.T. "Sonny" Dean Director of General ON TO SUBJECT: SSUE4 OCHANGE ORDER #3 FOR NORTH COUNTY COMMUNITY LIBRARY Lynn Williams, Supt. FROM: Buildings 8 hGEpunds A _ .0 DESCRIPTION AND CONDITIONS REFERENCES: Proctor Construction has forwarded copies -of Proposal Requests 6-13 on the North County Community Library project for issuance of a change order. All have been reviewed by the Architect, the Construction Manager and the Project Manager. Proposal Requests 6 - 13 are found to be in order and are listed in more specifics below: Proposal Request #6 - Reconstruction of #232 Catch Basin, amount - $345. This request is required due to the fact the depth of an existing 8" water main did not allow installation of the catch basin as designed. . ' Minor modifications were required. The. recommendation is to accept Proposal Request #6 and approve the contract change of $345 and no time extension. Proposal Request #7 - Change of soffit material, amount - $559. This change was requested by the Project Manager and Construction Manager to change the soffit material from exterior gypsum board to wood for long term maintenance purposes. The recommendation is to accept Proposal Request #7 and approve the contract change of $559 and no time extension. 6 Proposal Request #8 - Change lettering on sign, amount - $148.50. This change was required to add letters to the sign when the library name was officially changed to North Indian River County Library. The recommendation is to accept Proposal Request #8 and approve the contract change of $148.50 and no time extension. Proposal Request #9 - Modify interior window frames, amount - $616. This request was made by Dow Howell Gilmore Interior Furnishing Consultants after review of the plans revealed conflicts between the furnishing layout and the architectural drawings. This will allow shelving to be placed under these walls. The recommendation is to accept Proposal Request #9 and approve the contract change of $616 and no time extension. Proposal Request #10 - Modify existing manhole, amount - $270.60. This request was required to bring an existing manhole flush with the finish grade of the parking lot. The recommendation is to accept Proposal Request #10 and approve the contract change of $270.60 and no time extension. Proposal Request #11 - HVAC condensate drywell, amount - $165. - This request was required to provide a more desirable location. Plans called for termination too close to the building. The recommendation for Proposal Request #11 is to accept and approve the contract change of $165 and no time extension. Proposal Request #12 - Additional cabinetry, amount - $1,540. This request was initiated by Dow Howell Gilmore during the furnishings selection and is for additional cabinetry added in the Reference and childrens areas of the library. The recommendation for Proposal Request #12 is to accept and approve the contract change of $1,540 and no time extension. Proposal Request #13 - Fire Rating Ceiling, Room 102 (meeting room), amount - $5,823. This request is required due to a fire separation requirement for the multipurpose meeting room. The original design by the Architect was not acceptable to the Sebastian Building Department as jurisdictional authority and interpreter of the Southern Building Code. The rated ceiling was proposed by the Construction Manager and has been approved by the Sebastian Building Department. The recommendation is to accept Proposal Request #13 and approve the contract change of $5,823 and no time extension. ' AUG 21 1990 Roos AUG 211990 FJ K? RECOMMENDATION AND FUNDING With the exception of Proposal Request #12 (additional cabinetry, the contractor has been instructed to proceed with the work outlined in order to keep the project on schedule. Staff recommends approval of all Proposal Requests 6 - 13 and issuance of Change Order #3. Total change to the contract amount of $9,467.10. Original Contract Sum $997,700.00 Change Order #1 1,884.00 Change Order #2 5,507.00 Revised Contract Sum $1,005,091.00 Proposed C.O. #3 9,467.10 Revised Contract Sum including C.O. #3 $1,014,558.10 Funding is available in Account # 322-112-571-066.51. LW/mg ON MOTION by Commissioner Scurlock; SECONDED by Commissioner Bowman, the Board unanimously approved the issuance of Change Order #3 as set out in the above staff recommendation. CHANGE ORDER #3 is _ ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD F. Tierra Linda Streetlights - Budget Amendment 066 The Board reviewed the following memo dated 8/15/90: TO: Members of the Board of County Commissioners DATE: August .14, 1990 SUBJECT: IMULRA LINDA STREEMGHTS - BUDGET ABIENDMENT 066 ... - CONSENT AGENDA FROM: Joseph A. Bair OMB Director DESCRIPTION AND CONDITIONS A Tierra Linda Streetlighting fund was established a few years ago. Due to a timing problem and some confusion, the Tierra Linda streetlighting district was not established and still has not been. The streetlights have been installed and we are paying the bills monthly. Unfortunately) the Tierra Linda Streetlight fund will have a deficit at the end of the 1989/90 fiscal year and the 1990/91 fiscal year. 8 ANALYSIS Staff is researching to see if Tierra Linda has a Homeowners Association that we may be able to bill and reach a temporary agreement. For financial statement purposes, we cannot have a Fund in a deficit position; therefore, staff would like a budget amendment transferring funds from the M.S.T.U. contingencies to satisfy the short -fall. RECOMMENDATION Staff is requesting approval of the following: 1. A budget amendment transferring $4,380.00 from M.S.T.U. contingencies. 2. Authorize attorney staff to draft documents to establish a streetlighting district by January 1991. 3. Allow staff to pursue reaching an agreement with Tierra Linda Homeowner's Association, if one exists. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved Budget Amendment #066 in the amount of $4,380, as recommended by OMB Director Baird. TO: Members of the Board of County Commissioners FROM: Joseph A. Baird, OMB Director a ":EXPENSE SUBJECT: BUDGET AMENDMENT NUMBER: 066 DATE: August -14. 1990 i i i 9 �' 0C7K �;�. A Si VAUG 21 1990 AUG 21 1990 :oors G. Miscellaneous Budget Amendment 067 The Board reviewed the following memo dated 8/15/90: TO: Members of the Board of County Commissioners DATE:. August 15, 1990 SUBJECT: MISCELLANEOUS BUDGET AMIIVDMIIVT 067 CONSENT AGENDA FROM: Joseph A. Baird OMB Director ( / - DESCRIPTION AND CONDMONS The attached budget amendment appropriates funding for the following: 1. The Main Library received donations in the amount of $2,608.00 to purchase books. In order to purchase the books, we must appropriate the funds which this entry does. 2. Indian River County owns the "Rockridge Community Center" and has to pay the Rockridge Sewer Assessment. 3. The attached entry appropriates the funding for the North County Sewer Project. The project costs were approved prior by the Board of County Commissioners. Staff recommends that the Board of County Commissioners approve the attached budget amendment. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved Budget Amendment #067 as set out in the above staff recommendation from OMB Director Baird. 10 TO: Members of the Board of County Commissioners FROM: Joseph A. Baird, OMS Directo� EXPENSE EXPENSE —.job- -1r%#;— EXPENSE ,ibb--1r%#;— H. Approval of Out -of -County Travel SUBJECT: BUDGET AMENDMENT NUMBER: 067 DATE: August -15. 1990 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved out -of -county travel for Chairman Eggert and appropriate staff to travel to Tallahassee, August 26-29, 1990 to negotiate the Comprehensive Land Use ?! -in - 1 1 P00 . Qlj BE:" AUG 211990 AUG 211990 'mor 8.1 F I. Application for Governor's Drug -Free Communities Grant Program ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously gave retroactive approval for application signed 8/16/90 by Chairman Eggert and Gary Norris, Superintendent of Schools. APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD APPROVAL OF STORAGE FACILITIES FOR CLERK'S NORTH COUNTY OFFICE The Board reviewed the following memo dated 8/8/90: DATE: AUGUST 16, 1990 TO: JEFF BARTON, CLERK OF THE CIRCUIT COURT FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVICE SUBJECT: NORTH COUNTY OFFICE SPACE The following is in response to your memorandum dated August 8, 1990: 1. Storage Space - We do not have monies in this year's budget to fill your request. If you will go to the Board and get them to appropriate the funds, we will proceed with installation. 2. FAX Line - You were right. The line is yours and will be corrected. Mrs. Robinson was going to use her phone line for the FAX. This can be done with an automatic switch. It appears to me that both offices could use the same machine. We only have two such machines in the entire Administration Building. 3. Bottled Water - I spoke to Gene Morris to ascertain what they were doing for drinking water. He is not using bottled water because it is too expensive. I feel, we can take the same attitude in our areas. The other two offices have not complained about the water. � 12 County Clerk Jeff Barton explained that when the renovation of the office space was being done, there was no money left according to Building & Grounds to enclose an 8 -ft. wall section and install a door. That enclosure would have provided a secure storage place within the building. The office is occupied now, and they need some sort of storage space that can be locked. Building & Grounds has not given a figure on how much it would cost. Sonny Dean, General Services Director, estimated that the work wouldn't cost more than $400. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board unanimously approved the building of storage space for the Clerk's North County office and directed staff to come back with a recommendation on the funding. REQUEST FOR THE ADOPTION OF COUNTY ORDINANCE PROVIDING FOR COLLECTION OF UNPAID PARKING TICKETS The Board reviewed the following letter dated 7/23/90: DISTRIBUTION LIST 6272sz9 City of Vero Beach Commissioners —�7 1055 - 20th STREET Administrator VERO BEACH, FLORIDA - 32960-6441 Attorney OFF1 F s1 Telephone: (407) 778-7401 personnel —� CHI F PM.GE Public Works �, o Community Dev. d �cbv Utilities --� Finance Other July 23, 1990 Ms. Carolyn Eggert, Chairperson Indian River County Commission 1940 25th Street Vero Beach, Florida 32960 RE: Request for the adoption of County Ordinance Providing for Collection of Unpaid Parking Tickets Dear Ms. Eggert: 13 AUG 21 1990 AUG 211990 ROOK 81 As. you know, the City of ,Vero Beach has actively prosecuted parking violations for some time. However, despite the City's rigid enforcement of parking citations, certain violators have been able to avoid payment. My staff has invested a substantial amount of time in the so far futile attempt at collecting the unpaid fines. Our research indicates that the court system may order a violator to pay a penalty for unpaid tickets, but unlike other traffic violations, the court cannot suspend the driver's license of a person who fails to pay the court mandated fine. The Florida Legislature has addressed this problem in Section 316.1967(6), Florida Statutes, which provides that counties may pass an ordinance requiring the clerk of the court to supply the Florida State Department of Highway Safety and Motor Vehicles with a computer tape listing persons who have three or more outstanding parking violations. Such persons names shall.be entered into the statewide computer system and they shall not be permitted to renew their license plate or validation stickers until providing proof that such fines were paid, as provided in Section 320.03(8), Florida Statutes. The adoption of such an ordinance would enable the City to collect a considerable amount of lost revenue and prevent the unnecessary waste of staff time in attempting to enforce the unpaid and overdue tickets. Therefore, by this letter, the City of -Vero Beach Police Department hereby requests that the Indian River County Board of County Commissioners adopt an ordinance allowing for the collection of unpaid parking tickets, as provided above. We will be happy to assist you and your staff in preparation of such ordinance and look forward to working with you on this matter. Sincerely (Chef,(V)B.P.J. Chairman Eggert advised that Tax Collector Gene Morris is out of town today. He has some problems with the proposed ordinance and would like to discuss this with the Commission before any decision is made. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously tabled this item for next week when Tax Collector Gene Morris will be able to attend the discussion and voice his concerns. 14 PUBLIC HEARING - CITRUS GARDENS SUBDIVISION WATER DISTRIBUTION SYSTEM - RESOLUTION NO. 3 The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority'personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a� In the matter in the Iished In said newspaper in the issues Court, was pub. Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the *aid newspaper. Sworn to and subscribed before me this ..day o A.D. 19� (Busj#ess Managel (SEAL) (Clerk of the Circuit Court, Indian NeCounty NOTICE :The Board of .County Commissioners',of Indian River County,. Florida, hereby provides notice of a Public • Hearinrtgg scheduled for 9.05 A.M. on , Tuesday. August•21.,1990,. to discuss .a pro - .posed resolution retailing to a special - assess- roject In Indian River County for the W.- stallation of a water.distributlon. system In ClT .', RUS GARDENS, and providing for speclai as. 'sessment (lens .to' be. made .of. record. ort the properties to be served. : I _ Anyone who may wish to appeal any decision whficch may be inade at this meeting win need to ensure that a verbatim record of the proceed - Ings is made, whichincludes testimony and evi. dence upon which the appeatls based.. • -.:. • - Juy 27. Aug. 3.1990 ::.,., ;W.::— 708002 AUG' S BOOR 211990 AUG 211990 MOO 81 UIGH 20 Assistant Utilities Director Harry Asher reviewed the following staff recommendation dated 8/10/90: DATE: AUGUST 10, 1990 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. PINT DIRECTOR OF UTIL :� SERVICES SUBJECT: CITRUS GARDENS SUBDIVISION WATER DISTRIBUTION SYSTEM RESOLUTION NO. 3 IRC PROJECT NO. UW -89 -17 -DS PREPARED WILLIAM F. McCAIN AND STAFFED PROJECTS ENGIN BY: DEPARTMENT O i SERVICES BACKGROUND The Utilities Department has completed the design and permitting and. is in the process of bidding the aforementioned project. Resolutions Nos. 1 and 2 have been approved by the Board of County Commissioners. We are now bringing Resolution No. 3 to the Board for - approval. ANALYSIS On July 24, 1990, the commissioners approved Resolutions Nos. 1 and 2, thus setting the time and place for public hearing to approve the preliminary assessment. The total assessed cost is $208,373.00, which equates to $0.179544137 per square foot. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Resolution No. 3, setting the preliminary assessment in place. Commissioner Scurlock asked staff to address the original assessment roll, and Projects Engineer William McCain explained that originally we had two-thirds of the existing homeowners in Citrus Gardens, and now we have two-thirds of the property owners as other signatures have trickled in over the time period after the initial submission period of that petition. He noted that there are a couple of modifications in the assessment roll that need to be addressed. There is an 8 -ft. right-of-way on the back 16 of the lots on the west side of 42nd Court between 8th and 6th Streets that is deeded to the County for that road, and we have to eliminate that from the assessment roll. In addition, Lots 1, 2, and 3 of Block L have to be removed from this assessment project because they hooked up to water about 4 years ago. At that time we were not doing temporary water agreements that would allow us to come back in and assess the people after the fact. Those properties have been eliminated from this assessment, and the Utilities Dept. will absorb that portion of the cost. Mr. McCain emphasized that the final assessment probably will be lower than the preliminary assessment, but in no way can it be higher. Attorney Vitunac advised that today is the day when the Commission determines the amount of the assessment, after which it cannot be increased no matter what the project costs. Commissioner Scurlock asked if this is one of the sub- divisions identified under the new Comp Plan with provisions for undersized lots, and Mr. McCain confirmed that it is one of the subdivisions projected for service within the next 3-5 years. After the FY 90-91 budget is approved next month, they plan on bringing that plan to the Board of approval. Commissioner Bird asked what percentage of lots in the subdivision are developed, and Mr. McCain advised that it is at 60-700. The largest assessment in the project is on Tract C, between 42nd Avenue and 42nd Court, which is currently divided into one parcel and two separate lots. That assessment will have a heavy impact on the single property owner there. Chairman Eggert opened the Public Hearing, and asked if anyone wished to be heard in this matter. Luther Higinson, 3920 7th Street in Citrus Groves was very concerned about corrosion to plumbing fixtures due to the bad quality of the water. He urged the Board to approve this assessment and begin construction of this project. 17 FOQK "r. AUG 211990 AUG 21 1990 n�rK� �� ; !rte Bob Richardson presented a petition signed by himself and 31 other property owners of Citrus Groves who wish to stop the installation of the county water system, along with 3 letters written by people who have changed their minds about wanting the system to go forward. PETITIONS AND LETTERS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. August 12, 1990 SUBJECT: WATER DISTRIBUTION SYSTEM I.R.C. PROJECT NO. UW-89-17—DS ATTENTION: DEPARTMENT Of'UTILITY SERVICE'S BOARD Of COUNTY COA9r•1ISSIONERS THIS PETITION, SIGNED BY THE FOLLOWING CITRUS GARDEN'S SUB— DIVISION PROPERTY OWNERS, IS TO EXPRESS OUR'.DESIRE TO STOP THE INSTALLATION OF THE COUNTY WATER SYSTEM. WE ARE AWARE OF THE FACT THAT THIS REQUEST WILL, IN SOME CASES, BE A REVERSE OF OUR INITIAL REQUEST AND PETITION OF..ON/ABOUT JULY 1989. NEW COST'INFORMATION, CIRCUMSTANCAND CONDITIONS HAVE CAUSED THE UNDERSIGNED TO CHANGE THEIR MINDS. ......... ... PROPERTY OWNER ADDRESS/TEL.# SIGNAfiURE(S) NAME (S) y/ � `, �/ � �J�,.t r ,� (t.. (�l '!� r � •.,.� Ci1�LL wrkr�►, SG 7-�u�u ,� � r / / :n cr�4-1 01�F, fFC-42A to bN 77Y L4 I A-Ve Zlb k,. FA-�, 1S Mr. Richardson explained that people began to change their minds about having the project project because they have had no problem with their wells. He stressed that they only got the signatures of property owners, not renters. Mr. McCain reiterated that originally two-thirds of the owners of existing homes had signed the petition in favor of the assessment for the water project, and since that time more have been received. Mr. Richardson next addressed the costs for the project, and distributed copies of the following cost list they have worked up: COVsT S C tIRO C AWNS as 4ON65 toG i -ors Alocrwbe 1,, o T A s5ies rr% dvjT 0 7 106 X 85.. ........... j25Gta•oo IMPACT i C65 % oti BS X t 7. *1 Ll ....... 1 011.010000 WATL R. M C'Tca Fe a S 85 X I ls°4 . . . . A. 04, 00 01075•� V no vd•� o 1 TOTAL RCTURVJ 2, L4 iao`TS - o o Net taCtvoluG iutrnfst [ }AriGLS o?. P0.44 is FCC 5' Coukrly (;PC1UOd> 19 2.09, 3'13,°� BOOK : 'nE �j AUG 211990 Commissioner Scurlock emphasized that the final assessment roll usually comes in lower than the estimated cost. In any event, it cannot exceed the estimated cost. Mr. Richardson understood that the average homeowner would be paying $3,000 to get water up to his house, and he felt that this would be putting a heavy burden on people in this subdivision. Commissioner Scurlock advised that a 5 -year payment plan is available at 12% interest for people who wish to go that route rather than taking a loan from a bank. Brenda Corum, 706 41st Avenue, asked if you can keep your - well for irrigation purposes, and Commissioner Scurlock advised that you can, but cautioned people to make sure when they hook up that their potable water supply is separated from the well water. Herman Cook, 636 41st Avenue, advised that he didn't go to the first meeting because he felt $1700 was a fair assessment, but he is now very concerned after receiving the letter saying that there would be an impact fee along with the assessment. Mr. McCain explained that at the time the petition was circulated, they were quoted that the assessment would be from $1,200-$3,000, and the letter also went on to say that this is tied into the charge for taking water from the water main to the meter box, which at the present time is $1,501.50. This charge is a combination of the impact fee, ureteral installation fee, and the $40 deposit for the water bills. This was set out in the letter of July 15, 1990. Commissioner Scurlock agreed that there is a lot of confusion over the total cost of the assessment and having water brought up to the house. He would like to have staff formulate a better letter to advise people of what the bottom line is going to be. Mr. McCain assured Commissioner Scurlock that the letter would be changed for future notices of assessments. BOOK 81 PAGE 232 20 John Sawyer, 655 39th Avenue, asked for clarification on the costs associated with the assessment, and Mr. McCain explained that the only immediate charge you will be responsible for is the assessment cost. Property owners will not have to pay the impact fee, the water meter charge or the deposit on the water bills until such time as they hook up. He advised that although the County has an ordinance in place that makes it mandatory for homes to hook up to water when it becomes available, it is not enforced unless someone comes in and applies for a building permit. The only type of permit that would be exempt from that would be the reroofing of a home. If you build a driveway, garage, utility shed, etc., you will be required to hook up to water at that time Mr. Higinson noted that when he and John Sawyer circulated the original petition for the assessment, they made up a letter and every property owner in Citrus Groves was contacted either in person or by registered mail. Dale Dunayczan, 646 40th Avenue, asked if he chose not to hook up now, would the hookup cost increase in the future, and Commissioner Scurlock explained that costs are adjusted according to the construction cost index every year, and in all likelihood, the impact fee will edge up. He didn't see any major increase in the next 2 or 3 years, however. The other concern is whether there will be capacity when you want to hook up, because there is no guarantee that capacity will be there. Mr. McCain advised that when the project was permitted, the capacity was deducted out of our existing plant. People do not have capacity until they have paid their impact fees, but as far as our tracking records for a given plant, this water capacity has been -taken into account. Chairman Eggert asked if Mr. McCain was saying that we are holding capacity for this area even though the project is not paid for, and Mr. McCain said that he was not saying that. He is saying that it is used in the tracking by the regulatory agencies. It goes in as information in the permit to construct 21 AUG 211990 FOOK the line, �; ��l�o' AUG 21 1990 Roos �� ;r 25 but it does not necessarily mean that will coincide with our tracking or the exact capacity of the plant. Chairman Eggert understood then that if owners want to hook up in 5 or 6 years, they are not guaranteed capacity unless they have paid their impact fees, and Mr. McCain confirmed that. Mr. Dunayczan understood then that basically he would be foolish not to hook up now for $1,500 if this goes through, and Commissioner Scurlock confirmed that it would be best to hook up when the project is completed and the water capacity is available. When you pay your impact fee, you guarantee capacity. Bernadina Guy, 4225 7th Place, owner of 3 lots in Block C, questioned what her assessment would be if that parcel was divided into 6 single lots. Commissioner Wheeler explained that the assessment is based on square footage, not the number of lots. He noted that with the availability of water, the value of her parcel would increase if she were to subdivide into 6 lots. Commissioner Bird asked Attorney Vitunac if Mrs. Guy could subdivide the balance of Block C if she came in today to do that, but Attorney Vitunac was reluctant to say so without the Planning Director looking at it. However, in looking at the rest of the neighborhood, it would seem like she could. In the meantime, she would pay only one impact fee for the one residence on the property, and be assessed for the water project on the basis of square footage of the property, not the number of lots. If she had 6 lots, she would have to pay 6 impact fees. James Boyette, 736 42nd Avenue, felt it is unfair for Mrs. Guy to pay such a high assessment when she only has one dwelling on that tract. Fred Lipton of 39th Avenue was concerned about the effect of the salt from the water softener on his high blood pressure, and urged the Board to approve the assessment and go forward on the project for medical reasons. W 22 Mr. Richardson came up again and pointed out that many of the property owners didn't receive the initial letter sent out by the Utilities Dept. When they went door to door, many of the people said they hadn't known of the assessment until they received the letter of notification of this meeting. Mr. McCain stated that several letters were returned as undeliverable, and they sent them back out again using the addresses listed on the Property Appraiser's assessment roll. Dorothy Mislick, 656 42nd Court, pointed out a discrepancy in the address on the notice of assessment sent to her. R.C. Snyder, 635 41st Avenue, was not in favor of the water project, and wanted to see another letter go out on how many others are against it after finding out that they have to pay the impact fee as well as the assessment. Bob Renton, 745 41st Avenue, explained that he has lived there 25 years and his well is in good condition. His main concern is about the County implementing a surcharge on the gallons of water used. He felt this was just another tax. Attorney Vitunac advised that it is a franchise fee, not a surcharge. The County does not have the ability to put on a surcharge, and Commissioner Scurlock explained that there is a 60 franchise fee on al_I utilities in the county. Pamela Rudd, 786 42nd Court was all for the water project, but she didn't approve of the high prices and felt the system could be put in at a much lower cost. Joseph Richardson, 620 42nd Court, explained that he had water problems with his original well which was down only 53 feet. He had to drill another well which goes down 91 feet, and now his water is good. He felt the builders won't go deep enough unless you insist on it. Fred Lipton returned to say that his driller went down 100 feet and the water quality wasn't as good as it was at 50 feet. He didn't agree that the well drillers do not try to go deep AUG 211990 23 WK��, enough to get good water, and Commissioner Scurlock noted that there is a trade-off with quality and quantity of water. There being no others who wished to be heard, the Chairman closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board adopted Resolution 90-93, confirming the special assessments in connection with a water distribution system located in Citrus Gardens and providing for special assessment liens to be made of record. PRELIMINARY ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 24 W 20 agm� Cpm 5. �j-4� RESOLUTION NO. 90- 93 Z A RESOLUTION OF INDIAN RIVER COUNTY CONFIRMING THE M SPECIAL ASSESSMENTS IN CONNECTION WITH A WATER C11 DISTRIBUTION SYSTEM, LOCATED IN CITRUS GARDENS AND PROVIDING FOR SPECIAL ASSESSMENT �CI ENS�°FOBe—MADE N OF RECORD. G0 N WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 90-88, adopted July 24, 1990, determined to make special assessments against certain ro erties to be serviced by a water distribution system of P p to o the County located in CITRUS GARDENS; and c. WHEREAS, said resolution described the manner In which C) said special assessments shall be made and how said special -- assessments are to be paid; and *J� WHEREAS, the resolution was published as required by §11-52, Indian River County Code; and WHEREAS, an assessment roll in connection with said special assessments has been prepared; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 90-89 on July 24, 1990, a time and lace for a public hearing at which the which set t p p g owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by §11-53, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on Friday, July 27, 1990, and Friday, August 3, 1990, (twice one week apart and the last being at least one week prior to the hearing) as required by §11-52, Indian River County Code; and 25 A I I P I O Kof rAUG 211990 RESOLUTION NO. 90-93 WHEREAS, the land owners of record were mailed notices on Monday, July 30, 1990, (at least ten days prior to the hearing) as required by §11-52, Indian River County Code; and WHEREAS, the Board of County Commissioners of- Indian River County on Tuesday, August 21, 1990, at 9:05 A.M. conducted the public hearing with regard to the special assessments; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid In full. 2. That the County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner Scurlock , and the motion was seconded by Commissioner Wheeler and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Richard N. -Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Aye Commissioner Margaret C. Bowman Aye The Chairman thereupon declared the resolution duly passed and adopted this 21st day of August, 1990. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By. Attest —faro y e7-6–ez�tg Cha I ralan At tachment:'*•ASSESSMENT ROLL India R:ver Ca Approved Date Admin. Hisk Mgr. PUBLIC HEARING - CONCEPTUAL PRD APPROVAL FOR COQUINA PRD - RENCORP. INC. The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL. Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority'personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement. being a in the matter of In the Court, was pub- ,.. .. pyfished in said newspaper in the issues of _. Affiant further says that the said Vero Beach Press -Journal Is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty. Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant Wrther says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the paid newspaper. Sworrt to and subscribed before me this day ofA.D. 19_ (Clerk of the Circuit Court, Indian River County, NOTICE OF PUBLC HEARING Notice of hearing to o isider the granting of • -special exceptlon approval for a Planned Rest- . dential. Development. The mhblect prop eAY Is :.presently under contract by •Renoorp, Inc. sum prn0orh contains 406.83 acres and lo- cated in Government Lots 10 and 11, Section 26, Township 31, Range 36, and In Government Lot 3, Section 25, Township 31, Range 39. The over- all address ofthe subject property Is 8555 S.R. A public'hearing at which parties IN interest and citlzens shall have an opporb" to bs heard, will beheld by the Board of County Com- missioners of Indian River County, Florida, In the Courtyy Cemmisaton Chambers of the County Admltistratlon Bulling. located at 1840_25th Strwt2t 1 , Vero e oof Bea Florida on Tuesday, August Anyone who may wish to appeal arty decision which may be made at tilts mM[q wiU need to ensure that a vwbMn record of the proceed - Ings Is made, which includes testimony and MI., dance upon which the appeal Is based. F, INDIAN RIVER COUNTY . Board of County Commfaelonaro Aug. 1,1B98n Egged" .��j 707508 (SEAL) WONT "Ic, State of Florldo Camml`aiart Ekren JWW Z, 1993 ry 27 AUG 211990 The Board reviewed the following memo dated 8/10/90: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Robertl. Keat ng, CP Community Deve opm nt Director THROUGH: Stan Boling4cp Planning Dir ecto FROM: John W. McCoy �1'` Staff Planne , Current Development DATE: August 10, 1990 SUBJECT: RENCORP INC.'S REQUEST FOR CONCEPTUAL PRD APPROVAL FOR COQUINA PRD It is requested that the' data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 21, 1990. BACKGROUND AND CONDITIONS: Rencorp Inc, owner, is requesting conceptual PRD plan special exception approval for a 301 unit, three phase development. The subject property is located immediately south of the Sea Oaks development. The property stretches from the Atlantic Ocean to the Indian River. Special exception uses are those types of uses that would not generally be appropriate throughout a particular zoning district. However, when special exception uses are carefully controlled as - - to number, area, location, and/or relationship to the vicinity, such uses would not adversely impact the public health, safety,comfort, good order, appearance, convenience, morals and general welfare and as such would be compatible with permitted uses within the particular zoning district. In granting any special exception, the Board may prescribe appropriate special conditions and safeguards to ensure that the use is compatible with surrounding uses in the district. The Planning and Zoning Commission at its July 12th meeting voted unanimously (6-0) to recommend that the Board of County Commissioners grant PRD special exception approval for the project. The Planning and Zoning Commission also granted preliminary PRD plan approval for Phase I of the project, subject to the Board granting approval to the entire project. The approval steps in the PRD process are as follows: Approval Needed Reviewing Bodv 1. Concept Plan/Special Exception P&ZC and B.C.C. 2. Preliminary PRD P&ZC 3. Land Development Permits Staff 4. Final PRD (plat) B.C.C. P Phasing Construction The applicant is proposing to construct 301 units in three separate phases with total project completion slated for 1996. The applicant has submitted a phase I Preliminary PRD application in conjunction with the conceptual plan application for the entire project. The applicant is proposing to construct two basic types of units. A villa unit, which will be a zero lot line product, and a single family unit which will be a more conventional detached product. ANALYSIS (Conceptual and Phase I Plans): 1. Size of Development Area: Entire Project: 106.83 acres Phase I: 30.37 acres 2. Zoning Classification: RM -6 Residential Multi Family (up to 6 units per acre); existing and proposed. Note: A portion of the subject property is zoned A-1, it is anticipated this property will be rezoned to RM -6 at the August 7, 1990 Board of County Commissioners meeting. 3. Land Use Designation: L-2 Low Density Residential (up to 6 units per acre) 4. Proposed Density: Entire Project: 301 units at 2.8 units per acre Phase I: 64 units at 2.11 units per acre 5. Surrounding Land Uses: North: Sea Oaks South: Vacant/Town of Indian River Shores East: Atlantic Ocean West: Indian River 6. Open Space Required: 53.42 acres or 50% Provided: 53.42 acres or 50% Phase I Required: 15.19 acres or 508 Provided: 15.19 acres or 50% 7. Recreation Open Space Required: 3.61 acres Provided: 3.79 acres Phase I Required: .77 acres Provided: 1.66 acres 8. Proposed Utilities; The County Utilities department has approved the conceptual water and sewer plans. The project will be serviced by County water and sewer services. 9. Traffic Circulation: The proposed development will have a single entry road from A.1.A. to service the western portion of the project. The roadway will branch -off and provide access to the entire portion of the western development. In addition, near the northeast corner of the project there will be an emergency access drive from S.R. A.1.A. to the project's internal "loop" road. The two parcels on the east side of S.R. A.1.A which are separated by the Grand Harbor beach club site will both have entry roads from S.R. A.1.A. All roads will have a minimum 50' wide road right-of-way. The traffic layout has been approved by the public works department. 29 1n1r Pk PJB AUG?1 1990 AUG 21199® 10. Landscape: A 25' buffer will be provided along all project boundaries. A type "A" buffer is required along project boundaries where roads are adjacent to the project boundary. For individual lots, one tree per two thousand square feet of green area will be required. In most cases, existing vegetation will be preserved to meet this requirement. Any landscaping beyond the county's requirements will.be at the developer's discretion. 11. Drainage: The conceptual drainage plan has been approved by the Public Works department. This plan includes wet stormwater retention and planted littoral zones which will be more specifically addressed during preliminary PRD plan review and land development permit review. All relevant county requirements will be applied during those reviews. 12. Environmental Concerns: The site consists mostly of native vegetation with some exotics on the western portion of the project. This project is subject to the County's native vegetation set aside requirement. The applicant is proposing to meet the set aside requirement by preserving vegetation in the 25' perimeter setback, portions of the common area and in preservation areas covering 15% of each --lot. The removal of all exotic species on-site is required, except in the Jungle Trail buffer. No vegetation is to be disturbed in the Jungle Trail buffer (30' in width). 13. Road Names: The applicant is requesting the use of road names for this project. The Planing and Zoning Commission has historically approved the use of road names on the barrier island. Based upon past decisions and the precedent set by the county for beach projects, the staff has no objection to the use of road names for this project, with the condition that all road names are approved by the 911 technician to avoid duplication of existing names. 14. Jungle Trail: Jungle Trail runs through the western edge of this project, creating a small portion of property riverward of Jungle Trail. The staff has not examined the amount of property riverward of Jungle Trail to determine useability. The applicant is not proposing to construct anything riverward of Jungle Trail and is not proposing to remove any vegetation within the Jungle Trail 30' protected buffer area. 15. Archaeologic Concerns: The western portion the project is of archaeologic concern to the Division of Historic Resources. The applicant has agreed to conduct an archeological investigation of the site. 16. Dedication and Improvements: Pursuant to findings and conclusions of the required traffic impact analysis that was performed by the applicant's consultant and approved by the county traffic engineer, the applicant has agreed to the following dedication and improvements: 1. Dedicate 20' of right-of-way for State Road A.1.A., if traffic impact fee or other compensation is available, prior to or at the time of final plat approval for phase I; and 2. Construct a left turn and deceleration lane at the project entrance prior to the issuance of a certificate of occupancy. In addition, provisions for an 8' bikeway required along the site's S.R. A.l.A. frontage are required prior to issuance of a certificate of occupancy. 30 M M 17. The following waivers and PRD options are being requested by the applicant: a. A minimum lot size reduction from 7,000 square feet to 4,500 square feet. b. A reduction in the minimum road frontage requirement from 70' to 45' c. A reduction in the minimum road right-of-way width from 60' to 501. d. A reduction in the front and rear yard setbacks from 25' to 20' and a reduction in the sideyard setback from 15' to zero on one side and 10' on the other side to a habitable structure. In no instance will any development encroach into the required 25' perimeter buffer or into the preserve areas. e. A cut and fill waiver. f. An increase in the allowable percentage of individual lot coverage from 30% to 50%. g. The ability to provide 50% open space over the entire . project, as opposed to individual lots alone. County staff have reviewed these proposed waivers and have no objection to the granting of the requested waivers. Note: The Planning and Zoning Commission recommended that waiver 17d permit a zero sideyard setback on one side and a 15' sideyard setback on the other, after assurances from the applicant's engineer that this condition would accommodate the applicant's project. However, after subsequent discussion with the project design engineer these setbacks will not accommodate the proposed development design. Waiver 17d has been changed to reflect the project design engineer's latest request. The staff has no objection to granting the waiver as requested. RECOMMENDATION: Staff recommends: 1. That the Board of County Commissioners grant conceptual PRD special exception approval for Rencorp, including the cited waivers, subject to the following conditions: A. That all improvements and dedications referenced in the improvements and dedications section of the staff report be completed at the time specified in the staff report. B. That the applicant be allowed to use street names and that all street names used must be approved by the planning division prior to issuance of a land development permit. C. That the conceptual plan approval is contingent upon the Board of County Commissioners approving the rezoning from A-1 to RM -6 for a portion of the project site. 2. That the developer submit the findings of the archeological investigation, prior to, or inconjunction with filing for preliminary PRD approval on the western portion of the project. 31 A U 0 211990 rr-- -1 AUG 21 1990 Planning Director Stan Boling advised that the engineer on the project is working with County staff on the expansion of the Sea Oaks wastewater plant on the northern boundary. When the wastewater plant expansion comes through for site plan.approval, it will be required to provide buffering where it is adjacent to residential property , and the Coquina project is also required to provide buffering through the PRD process. For instance, they are providing the 25 -ft. setback and buffering area adjacent to this. Under the new Land Development Regulations and the present policies, the property owners can work together to to use that as one buffering area, and it is our understanding that the - applicant is willing to do that and will be working that out with the County Planning staff. Commissioner Bird questioned the wisdom of not having any vegetation disturbed in the 30 -ft. width setback along Jungle Trail, and felt we should be encouraging developers to remove the exotic vegetation, such as Brazilian pepper trees and Australian pines, and replace it with native vegetation. Community Development Director Bob Keating advised that the Jungle Trail Management Plan provides for the removal of exotics there when there is a plan to revegetate with native vegetation. It isn't a total prohibition of removal of pepper trees and Australian pines there; it is just that there is no overall requirement to go in and remove them from that area as there is for the rest of the project. Commissioner Bird didn't see anything in staff's recommendation that really encourages the developer to go into that area and replace the exotics with other vegetation that we would find more desirable. He would like to see us encourage that along there. Director Keating felt we may want to do that because it is an overall objective of the management plan and that could be added as a condition here. 32 Commissioner Bird didn't want to say that we should require them to do it, but we certainly should encourage them to do it. He felt the developer would want to in order to enhance the attractiveness of the property, especially the way those pepper trees and pines look now after last winter's freeze. He would like to see us -incorporate that in there somehow. Commissioner Scurlock also preferred to encourage it rather than require it, and the other Commissioners indicated their agreement. Commissioner Bowman felt the archaeological investigation should be conducted by someone with no less than a doctorate in archaeology, not just some pot hunter who comes along. Director Boling noted that by the time the project design comes through for that western portion, we will have our new chapter in place on archaeological resources and who is qualified. Darrell McQueen, engineer on the development, explained that the plan calls for one tree per 2000 square feet. Two-thirds of the location is still in natural oak hammock, and they will be following the ordinance in regard to the setback requirements. County Utilities Director Terry Pinto has inquired about some additional land in.the northeast corner of the project of the expansion of the Sea Oaks treatment plant, but he is away this week and they will be in contact with him about that. He advised that the archaeological survey of the has been completed and the reports will be submitted to staff next week. The survey was conducted by Dr. Storm Richards along with consultant Dr. Sears, and he felt sure Commissioner Bowman was familiar with both men. Mr. McQueen next addressed the waivers on the sideyard setback.' At the Planning & Zoning Commission meeting they had asked for a waiver for a 15 -ft. sideyard setback on one side and zero on the other. What they meant to ask for is a waiver for a 10 -ft. sideyard setback on one side and zero on the other. That is now included in staff's recommendation today, and they 33 op d LU G 211990 AUG 211990 respectfully ask that the Board approve the 10 -ft. and zero side yard setback. He wished to pointed out that the 10 -ft. setback is for the habitable part of the structure with a garage being able to be moved to within 3 feet of that side lot line. It is much like the Indian River Shores courtyard home concept. In this first preliminary PRD, the mixture of units are 8000 s.f. lots in the courtyard home concept and 15,000-18,000 s.f. lots in the single family concept, and these concepts have been separated into their little communities. They anticipate going on through with this type of concept as the market dictates, but they feel the market will be more for courtyard homes. Commissioner Scurlock urged them to coordinate with Utilities on the expansion site for the wastewater plan there because it could result in some substantial savings and flexibility for future expansion. Mr. McQueen advised that they picked up that site plan from staff yesterday and have looked at it. Although they have tennis courts planned for that area in their preliminary PRD, they are looking at moving those courts to another location. He has discussed this with staff and they will work with the County in providing the additional property that the County needs up there. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously granted conceptual approval of the Coquina PRD, subject to the conditions as set out in the above staff recommendation, and encouraged the developer to revegetate with native plants. 34 MOSQUITO CONTROL - FELLSMERE AND VERO LAKES ESTATES The Board reviewed the following memo dated 8/17/90: TO: Members of the Board of County Commissioners DATE: August 17, 1990 SUBJECT: MOSQUITO CONTROL - MISACME AND VERO LAKES ESTATES EMERGENCY ITEM FROM: Joseph A. Baird OMB Director DESCRIPTION OF CONDITIONS Within the last few days Indian River County has been put on an alert for St. Louis Encephalitis, carried by the Culex nigripalpus mosquito. The Indian River County Mosquito Control District has offered to extend its spraying area to populated areas of Fellsmere and Vero Lakes Estates. The county would have to bear the costs for the spraying, which is estimated at $600.00 per treatment for up to 8 treatments (for a total of $4,800) through the transmission season. It is not anticipated that aerial spraying will be necessary at this time; however if it appears that it is needed costs could be three times this amount. RECOMMENDATION Staff recommends that the Board of County Commissioners approve funding for spraying for the Culex nigripalpus mosquito in Fellsmere and Vero Lakes Estates. Administrator Chandler advised that the Mosquito Control District is looking to us to pick up the expense of providing the additional spraying for Felismere and Vero Lake Estates inasmuch as it is not covered by the District. They estimate that sprayings will be done twice per month up until sometime in November, perhaps 6 sprayings in all for a total of $4800. If there is'an increased problem with the illness, there is a potential for aerial spraying. John Beidier, Director of the Indian River Mosquito Control District, confirmed that the Fellsmere area has asked to be 35 AUG 211990 AUG 21 1990 BOGK 81 Fr` r brought into the Mosquito Control District and that they are in the process of drawing the boundary lines now to include them and the rest of the county that needs to be brought in. Commissioner Scurlock asked if that would include.the Vero Lake Estates area, and Mr. Beidler confirmed that it would. Administrator Chandler recommended that the costs be paid out of the general fund contingencies rather than the MSTU. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously approved the funding for spraying for the Culex nigripalpus mosquito in Fellsmere and Vero Lake Estates, as recommended by staff. RESOLUTION REAUTHORIZING IMPOSITION OF COUNTY -WIDE E911 FEE FOR RECURRING AND NON-RECURRING CHARGES OF E911 SYSTEM The Board reviewed the following memo dated 8/15/90: TO: Board of County, Commissioners FROM: Doug Wright, D ector Emergency Management Services DATE: August 15, 1990 SUBJECT: APPROVAL OF RESOLUTION REAUTHORIZING IMPOSITION OF COUNTYWIDE E911 FEE FOR RECURRING AND NON-RECURRING CHARGES OF E911 SYSTEM It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The Florida Legislature in 1987 passed legislation entitled "The Florida Emergency Telephone Act", which permits county governments to impose an E911 fee on all residential and business telephone lines to pay for recurring and non-recurring charges associated with the operation of the E911 system with a cap of $.50. The act authorizes Southern Bell Telephone Company to retain an administrative fee equal to one percent (1%) of the total fee collected for the County. 36 In FY 89-90, the Indian River County Board of County Commissioners approved imposition of the $.50 fee per line per month to fund the recurring and non-recurring charges related to operation of the two Public Safety Answering Points (PSAP) in the County. The split approved by the Florida Division of Communications and the County for the year was $.44 recurring and $.06 non-recurring. The law provides that the Florida Department of General Services, Division of Communications, must annually review support documentation contained on COM FORM X with attachments submitted by the E911 Coordinator. The necessary documentation has been submitted to the Division of Communications for FY 90-91 and approval was received in the form of a letter dated August 3, 1990, for a $.48 fee on telephone access lines with a split of $.44 for recurring cost and $.04 for non-recurring costs. The matter is now before the Board of County Commissioners for approval of the Resolution required to impose the E911 fee for FY 90-91. ALTERNATIVES AND ANALYSIS: It is estimated that $330,500 will be generated by the $.48 E911 surcharge. It is anticipated that $251,000 will be utilized for recurring costs and $29,500 for non-recurring expenses with a contingency of $50,000. As stated above, approval has been received from the Division of Communications to levy the fee for the next fiscal year. If approved by the Board of County Commissioners, the Resolution will be forwarded to Southern Bell Telephone Company so that the fee will be implemented effective October 1, 1990. The surcharge is a small fee to pay for the level of service provided to the populace wherein each citizen is assured of a timely response protecting life and property on a twenty-four hour basis. For the twelve month period, the cost for the average resident with one phone line is $5.76. RECOMMENDATION: Staff recommends approval of the Resolution imposing the recurring and non-recurring E911 system surcharge with a $.48 fee for the next fiscal year with a split of $.44 for recurring expenses and $.04 for non-recurring expenses. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved staff's recommendation and adopted Resolution 90-94, providing for the establishment of a county -wide "E911" telephone fee to pay for recurring and non-recurring charges, etc. 37 A U c 91 1990 ?I j 0 r ,J: p� i r AUG 211990 RESOLUTION - 90-94 A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ESTABLISHMENT OF A COUNTYWIDE "E911" TELEPHONE FEE TO PAY FOR RECURRING AND NON-RECURRING CHARGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE INDIAN RIVER COUNTY ADMINISTRATIVE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Legislature enacted House Bill 522 which amended Section 365.711, Florida Statutes, entitled "The Florida Emergency Telephone Act" to permit the imposition of a "911" fee on all residential and business telephone lines; and WHEREAS, this fee may be used to pay for all recurring and non-recurring charges assessed to the countywide "911" emergency telephone system; and WHEREAS, this fee may not exceed $.50 per line, per month; and WHEREAS, the "911" fee will generate revenue which will pay the cost of providing such service throughout the County including the various municipalities; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. That the Board of County Commissioners hereby establishes a fee of $.48 per month, per access line with $.44 of the $.50 cap to be utilized for recurring charges and $.04 for non- recurring charges. This fee shall be in effect.for 12 months from the effective date of this Resolution at which time it shall be reviewed by the Board prior to the beginning of fiscal year 1991- 92. Section 2. That in accordance with the provisions of Section 365.171, Florida Statutes, Southern Bell Telephone Company shall collect such fees less an administrative fee of an amount equal to one percent (M of the total "911" fee collected by Southern Bell. Section 3. That in accordance with the provisions of Section 365.171, Florida Statutes, Southern Bell shall provide to the County a list of the names, addresses, and telephone numbers of any and all subscribers who have identified to Southern Bell their refusal to pay the "911" fee. Section 4. That pursuant to the authority set forth within Section 365.171, Florida Statutes, Indian River County hereby 38 RESOLUTION - 90-94 indemnifies and holds harmless Southern Bell Telephone Company against liability for damages resulting from or in connection with "911" service or identification of telephone numbers, addresses, or names associated with any person accessing "911" service, except if Southern Bell acts with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property in providing such services. Section 5. That the Board hereby authorizes that a letter be sent to Southern Bell notifying them of the imposition of the fee, that the fees shall be collected by Southern Bell less an administrative fee, that Southern Bell shall provide the County with the above -referenced list and request written acknowledgement from Southern Bell regarding the imposed fees and other matters set forth within the letter. Section 6. SEVERABILITY If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. Section 7. EFFECTIVE DATE This Resolution shall become effective October 1, 1990. The foregoing Resolution was offered by Commissioner Scurlock who moved its adoption. The motion was seconded by Commissioner Wheeler and, upon being put to a vote, the - vote was as follows: Chairman Carolyn R. Eggert Ave Vice Chairman Richard N. Bird Ave Commissioner Don C. Scurlock, Jr. Ave Commissioner Gary C. Wheeler Ave Commissioner Margaret C. Bowman Ave The Chairman thereupon declared the Resolution duly passed and adopted this 21 day of August 1990. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY Zlf-)� Caroly . Egge Chairman A'ptTTEST: y Bar o Clerk Infin Rivet Ca Aaotoved Date Aamin 1C ZL_yG Legal Eudget sept. 1990 39 a 4. 7' AUG 21 �F,;.F 4 4 AUG 211990 ° RADIOLOGICAL EMERGENCY PREPAREDNESS AGREEMENT FOR FY -91 The Board reviewed the following memo dated 8/14/90: TO: James Chandler County Administrator THROUGH: Doug 9 1 Wri ht k 'rector Emergency Management Services FROM: John King, Deputy Director Emergency Management Services DATE: August 14, 1990 SUBJECT: FY -91 RADIOLOGICAL EMERGENCY PREPAREDNESS AGREEMENT It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Annually, representatives from the Florida Department of Community Affairs, Florida Power and Light Company, and the IRC Department of Emergency Management Services negotiate the Radiological Emergency Preparedness Agreement. The Agreement is predicated on responsibilities defined by the US Nuclear Regulatory Commission in Rule 10 CFR Parts 50 and 70, and NUREG 0654, FEMA -REP -1, Revision 2. During the referenced negotiations on June 27, 1990, an agreement was reached wherein Indian River County will receive $46,039 in funds to enable the County to carry out its responsibilities as provided in the above referenced authorities. ALTERNATIVES AND ANALYSIS: The agreement binds the County to participation in the following radiological emergency planning and preparedness activities: 1. Maintenance of local radiological emergency plans and implementing procedures; 2. The requisite personnel will complete required radiological emergency training; 3. Participate as required in exercises and evaluation of exercises; 4. Continued and further radiological emergency planning as required by the above regulations and "Florida's Radiological Emergency Management Plan for Nuclear Power Plants." The activities required have been on-going for several years. This agreement includes funding fifteen percent (15%) of the total salary and benefits of the Emergency Management Services Director, Deputy Director, and the Administrative Secretary II position. The sum negotiated this year represents an increase of $9,284 over the previous year. RECOMMENDATION: Staff recommends approval of the FY -91 Radiological Emergency Preparedness Agreement and requests the Board of County Commissioners authorize the Chairperson to execute the appropriate documents to secure the funding of $46,039 as proposed. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the FY -91 Radiological Emergency Preparedness Agreement and authorized the Chairman to execute the appropriate documents to secure the funding of $46,039 as proposed. COPY OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE APPROVAL OF SUB -CONTRACTORS FOR IRC JAIL - PHASE III The Board reviewed the following memo dated 8/15/90: TO: Board of CountyCommissioners FROM: Doug Wright,_Director Emergency Management Services DATE: August 15, 1990 SUBJECT: APPROVAL OF SUB -CONTRACTORS FOR INDIAN RIVER COUNTY JAIL - PHASE II.T It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Pursuant to instructions contained in the specifications for Phase III of the Indian River County Jail in section 00100-5, the General Contractor is required to obtain owner approval of the subcontrators used in constructing the project. The following list of subcontractors are being utilized by the General Contractor: DIVISION OF WORK Chainlink Fences and Gates Precast Prestressed Joist Units Lightweight Insulating Concrete Unit Masonary Structural Steel Steel Joists Architectural Woodwork Roofing System Steel Doors and Frames Glass and Glazing Lath and Plaster - _ Cementitious Topping Painting Detention Equipment Detention Electronics & Controls NAME OF SUBCONTRACTOR Adron Fence P. S. I. Airlite Smiley Masonary Frank's Ornamental Iron Frank's Ornamental Iron Cayman Manufacturing Long's Roofing Willo Products Company Glass Systems A-1 Plastering Marine Decking P & G Painting Willo Products Company Blevins Electric 41 �-, 11990 R � ��,:- 4 AUG 2 � ooK �.� ..,. .� Food Service Equipment Walk -In Refrigerators/Freezers Fire Protection Systems Plumbing Heating,Ventilating & Air Conditioning Temperature Control System Electrical ALTERNATIVES AND ANALYSIS: American Metal Products American Metal Products American Sprinkler D -H Plumbing Coastal Mechanical Coastal Mechanical Paragon Electric The list of subcontractors is presented to the Board of County Commissioners for approval as the owner of the project. The General Contractor does not anticipate any further changes in the subcontractors since work is progressing and matters relating to bonding of the subcontractors has been resolved. RECOMMENDATION: Staff recommends that the Board of County Commissioners formally approve the list of subcontractors being utilized by Soveran Construction Company, the General Contractor for Phase III of'the Indian River County Jail. Doug Wright, Director of Emergency Management Services, advised that 11 local firms are on the list of subcontractors submitted by Soveran Construction Company. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved the list of subcontractors being utilized by Soveran Construction Company, the General Contractor for Phase III of the IRC Jail. DIVISION OF FORESTRY_ MUTUAL AID AGREEMENT The Board reviewed the following memo dated 8/14/90: TO: James Chandler County Administrator THROUGH: Doug Wright, Director Emergency Management Services FROM: John Ring, Deputy Director Emergency Management Services DATE: August 14, 1990 SUBJECT: 'DIVISION OF FORESTRY MUTUAL AID AGREEMENT It is respectfully requested that the information contained herein be given formal consideration by the -Board of County Commissioners at the --next scheduled meeting. DESCRIPTION AND CONDITIONS: The Florida Department of Agriculture and Consumer Services, Division of Forestry (DOF), has requested that DOF District Managers enter into a mutual -aid agreement with their respective counties. The presented agreement represents similar agreements used by the DOF with other counties in the State. The DOF has authority granted under Chapters 125 and 590, Florida Statues, and Chapter 5I-2, Florida Administrative Code, whereby they have the responsibility to establish and maintain the fire protection of forests and wetlands. The proposed inter -agency agreement is a supplement to the referenced authorities for the purpose of operational effectiveness. ALTERNATIVES AND ANALYSIS: For many years, informal agreements and understandings between the County and the DOF have existed. The proposed Agreement is not a new concept, but a formal operational plan which is to be reviewed and updated annually. It is the purpose of this document to strengthen the inter -agency cooperation thereby reducing unnecessary duplications of efforts. This Agreement sets forth basic procedures for: 1. Requesting and providing assistance 2. Establishing a Fire Readiness Plan 3. Preliminary fire cause investigations 4. Inter -agency training S. Permission to communicate on licensed radio frequencies 6. Upgrade and replace fire vehicles loaned from the DOF As stated above, this document is a supplement to statutory authority which is intended to effectuate the accomplishment of shared goals. RECOMMENDATION: Staff recommends approval of the Mutual Aid Agreement with the Division of Forestry and requests the Board of County Commissioners authorize the Chairperson to execute the appropriate documents. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously approved the Mutual Aid Agreement with the Division of Forestry and authorized the Chairman to execute the appropriate documents. COPY OF OPERATING PLAN IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AUG 21 1990 43 ; ;: "r AGEU Fr- F-A- AUG 21199® Boa 611 u, COMMUNICATION CABLE FROM ADMIN. BLDG. TO HEALTH DEPT. BLDG. The Board reviewed the following memo dated 8/10/90: DATE: AUGUST 10, 1990 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTO DEPARTMENT OF GENERAL SERVICE SUBJECT: COMMUNICATION CABLE ADMINISTRATION BUILDING TO HEALTH DEPARTMENT BUILDING BACKGROUND: With construction for the new Health Department Building, there will be a need for telephone and data communications between that structure and the County Administration Building. We are presently leasing telephone company lines to accommodate the various needs. This leasing should continue in the new building. It is estimated that our cost for leased lines will be a minimum of $1,800.00 per year when occupancy is established in the new building. It is proposed that we install a fifty (50) pair communications cable between the new building and our Administration Building that will enable us to take advantage of our telephone switching equipment to meet the telephone and data requirements for the Health Department Building. The construction of such a cable would be designed so as to include the Purchasing Warehouse and its communication needs. We are presently leasing three (3) lines to that facility at a cost of $922.00 per year. The proposed cable would eliminate that cost, also. ANALYSIS: With construction to began on 26th Street and 19th Avenue within the next four (4) weeks, I feel quick action should be taken to initiate the cable project in order for proper sleeveing to be installed under the streets. FUNDING• It is estimated that cost to install such a cable would be less than $10,000.00. Monies for this project would come from the construction budget of the Health Department Building project. RECOMMENDATIONS: Staff recommends the above described communications cable be installed. Since the construction cost exceeds the minimum bid amount and time is of the essence due to street construction, it is requested that staff be granted permission to take quotes for the project and begin installation as soon as possible. 44 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved staff's recommendation as set out in the above memo. REQUEST FOR EXTENSION OF SANDFOREST PRD LAND DEVELOPMENT PERMIT The Board reviewed the following memo dated 8/10/90: ----------------------------------------------------------------- TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director and Roger D. Cain, P.E./,�i� County Engineer ��J FROM: David B. Cox, P.E 41c Civil Engineer SUBJECT: Request for Extension of Sandforest P.R.D. Land Development Permit REFERENCE: PRD - 88-04-03 DATE: August 10, 1990 ----------------------------------------------------------------- DESCRIPTION AND CONDITIONS Land Development Permit No. 081 was issued on February 5, 1990 to Sandforest Corporation to construct a 15.1 acre, 88 lot subdivision. Sandforest P.R.D. is located south of 5th Street SW between 6th Avenue SW and Old Dixie Highway. Sandforest Corporation has submitted a written request for an extension of the permit. Because construction has not started, the permit expired on August 5, 1990, 180 days after the approval date. LTERNATIVES AND ANALYSIS The Utilities Services Department staff has indicated that the project's current Utilities Construction Permits for water distribution, and wastewater collection and transmission would not need any modifications for an extension of the Land Development Permit. The Community Development Department staff has requested that the following two conditions of the concurrently expired Land Clearing and Tree Removal Permits be included as conditions of the extension of the Land Development Permit: 1. Areas to be preserved or cleared shall be clearly staked and verified by county environmental planning staff prior to clearing commencement. 2. Debris shall be removed to an approved disposal facility or burned with Division of Forestry approval. The Land Clearing and Tree Removal Permits would automatically be extended with the Land Development Permit. The three original conditions of the February 5, 1990 Land Development Permit approval would also apply to the extension. 45r�if.� A U G 21 1490 r AUG 211990 Alternate No. 1 806K 91 pAGe Grant extensions of the Land Development Permit and Land Clearing and Tree Removal Permits with the conditions described above. Alternate No. 2 Deny extension and require the developer to submit new applications and review fees for land development, land clearing and tree removal permits. RECOMMENDATION Staff recommends approval of Alternate No. 1. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved staff's recommendation of Alternate #1, as set out in the above memo. STATUS OF CR -512 WIDENING IMPROVEMENTS The Board reviewed the following memo dated 8/8/90: ------------------------------------------------------------ TO: James Chandler County Administrator DATE: August 8, 1990 FROM: James W. Davis, P.E. Public Works Director. SUBJECT: CR 512 Widening Improvements Status ------------------------------------------------------ ------ Recent inquiries have been made by North County residents on the status of the CR 512 Widening Project through the City of Sebastian. Staff has been requested to provide an update on the status of the project and to document past decisions on the proposed Twin Pairs Alignment through the eastern portion of the project. HISTORY OF PROJECT 1985 County purchased the 100' wide Gulf and Western Railroad right-of-way through a four mile segment of the City of Sebastian for approximately $200,000. 1985 County Traffic Engineering Staff conducted an Intersection Study of CR 512/U.S.1 intersection that recommended a Twin Pairs alignment for widening CR 512 along the easterly 3000' section of the project, similar to the F.D.O.T. SR -60 Twin Pairs Project scheduled for construction in 1990. August - October 1985 The North Indian River County Businessmen's Association, Inc. and Orange Heights Property Owners Association objected to the Twin Pairs Alignment and requested an Economic Study of the alternatives. October 1985 Indian River County Public Works Department conducted an Economic Feasibility Study on -the cost to implement, 1) the Twin Pairs Alignment, 2) to widen the existing CR 512 roadway, and 3) to construct a new four lane road in the railroad right-of-way. A presentation was made to the North County Businessman's Associations monthly luncheon meeting by James W. Davis. September 1986 County Staff sent letters to property owners fronting the existing CR 512 roadway asking their opinion on the feasibility of exchanging fronting portions of the County owned railroad right-of-way for additional right-of-way along the property owners CR 512 frontage. Most property owners objected to exchanging land with the County. March 1987 Staff recommended to the Transportation Planning Committee that a consultant be retained to study the three options of widening CR 512. The Board of County Commissioners approved this study and appointed Mayor Harris of Sebastian on the Consultant Selection Committee. September 27, 1988 ._ County Staff transmitted a copy of Consultant's Study to City Manager Rob McClary. December 5, 1988 Public Works Director attended City of Sebastian City Council meeting to discuss and receive input on CR 512 Corridor and Thoroughfare Plan. December 28, 1988 Staff transmitted comments received at the Sebastian City Council Meeting to consultant for incorporation into the project. February, 1989 City ­ Manager McClary transmitted to the County, City of Sebastian Resolution R-88-77 approving the, CR 512 Traffic Study. November 1, 1989 Status Report sent to City Manager Robert McClary. February 9, 1990 Letters received from City of Sebastian Staff regarding new railroad crossing for CR 512 Twin Pairs Alignment. June 5, 1990 The Board of County Commissioners instructed staff to continue negotiations with the F.E.C. Railway Co. so that a new railroad crossing can be obtained at the proposed westbound alignment without giving up three other crossings in the County. 47 L_ AUG 211990 mrjj 81 FAGF. �,I AUG 21 1990 From the above history, Staff has received and responded to public input in the North County area. As evidenced by City of Sebastian Resolution R-88-77, the City is supporting the Twin Pairs Alignment. The current status of the project is that the County's consultant, Kimball/Lloyd, Inc. is currently splitting the project into two phases. Phase One will include widening CR 512 west of the Pelican Island Elementary School (west of the Twin Pairs section) and will be implemented as soon as possible. Phase Two will include constructing the new westbound lanes within the railroad right-of-way along the Twin Pairs Alignment. Since the railroad crossing issue is still unresolved, a schedule for the Phase Two work has not been established. Staff is currently negotiating with the F.E.C. Railway Co. and Florida D.O.T. staff Please contact me if you wish to discuss this project. Chairman Eggert read aloud the following letter dated 8/20/90: Z M s � InOSIEES►�'J� I Altl rt wl l l lr TIDE Noturh lNdiAN RIVER COUNTY. BUSINESSMEN'S ASSOdATION, INC. North U.S. Ilighway ft, Suite A-3 a P.O. Box 2009, Sebastian, lbilBUTION � - �' Commissioners r- Administrator -------- 00 o F��r� � Attorney M' rotiNry �� August 20, 1990CP personnel _—�-- ^ _ Fir ��� Public Works t _ • ���.� Community Uev- Mr. Jim Davis Utilities Indian River County Finance ------- 1840 25th Street Other Vero Beach, Florida 32960 Dear Mr. Davis: The North County Businessmen's Association has always endorsed the 512 road renewal program (expansion) to remain on the original road right-of-way. We now even more would like the twin pairs concept changed over to a single right-of-way crossing -at the present corner. Please.proceed with the concept so we can start this project in the near future. Sincere , Earl D. Witherby 48 Public Works Director Jim Davis explained that because of the FEC's resistance to a new crossing, some consideration has been given to widening the existing roadway all the way to U.S. #1. However, that would mean purchasing expensive right-of-way and a delay of the project. County Engineer Roger Cain advised that he has been commu- nicating with both the DOT and the FEC about the new crossing, and regardless of which alignment we go with, we still have to negotiate with the railroad. The railroad is indicating that we would have to give up 3 crossings for one, and we are continuing to negotiate that. The County may have to go to an administrative hearing with the FEC to settle the issue over a new crossing, and the DOT is acting as an intermediary between the County and FEC in the negotiations. Commissioner Bird still had a problem giving up three existing crossings for one new crossing, and Commissioner Scurlock believed it is most likely that the County will have to settle the issue at a hearing since the railroad has taken a position that they don't want to give anything up. Mr. Cain advised that the DOT is going to take this back to some committee for long-range planning to see what recommendation they would make. We do need some decision from the DOT, preferably one in our favor, so that we can go forward. Carl Fischer, north county resident, questioned the feasibility of going ahead with the twin pairs project when the County has been working with the railroad for 6 years now and hasn't come to any agreement. He felt the main goal should be to get 4 lanes in there to relieve the congestion. Director Davis pointed out that it was only 5 years ago when the County purchased the 100 -ft. wide right-of-way strip from Gulf S Western Railroad for approximately $200,000. He felt the twin pairs design especially with the 900 -ft. separation between the two legs, is a superior design and that it will work real well. 49 AUG 2 11990 AUG 211990 BOU 81 5"V, Commissioner Wheeler felt the Sebastian City Council should initiate some action of its own to help get the crossing. Commissioner Bird felt that people believe that the split pair design is causing the delay and that the project would go ahead faster if it was a single road design. Director Davis believed that people don't realize that we still would have to negotiate with the railroad in any case because of the need to widen the roadway at the crossing or getting a new crossing. Commissioner Bird felt the answer today is to direct staff to pursue the plan we have and push this matter to a determination. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously directed staff to move ahead on the twin pairs design and expedite this as rapidly as possible to get a decision and force a #120 hearing if necessary. PHASE IV INDIAN RIVER BOULEVARD - RIGHT-OF-WAY PURCHASE - THOMAS KENNEDY The Board reviewed the following memo dated 8/14/90: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Director FROM: Terry B. Thompson, P.E.,,�j Capital Projects Manager •SUBJECT: Indian River Boulevard IV Right -of -Way Purchase - Thomas Kennedy DATE: August 14, 1990 FILE: kennedy.agn DESCRIPTION AND On November 7, 1989, the Board of County Commissioners authorized the purchase of the Kennedy parcel for $130,000 and $5,200 for attorney fees. 50 M M M On August 13, 1990, the attorney representing the Thomas Kennedy Estate, B.T. Cooksey, contacted staff with an offer to sell the Kennedy parcel for the sum total of $165,000. This total includes the following: - 3.389 acres of right-of-way for Indian River Boulevard - 1.07 acre east uneconomic remainder, including all severance damages - all citrus trees within adjacent temporary construction easements - all severance damages to the west remaining property - all incidentals as may apply except attorney's fees, engineering fees, documentary stamps and title insurance - A condition of this sale is that it must be accomplished by September 1, 1990. The cost breakdown for the Kennedy parcel is as follows: Sum total price $ 165,000 Attorney Fee 9,900 Recording Expenses 1,000 Title Insurance 900 Contingency 1,000 Total $ 177,800 A contingency has been included because closing documents have not been finalized as of this date. Staff recommends that the Board's authorization include this contingency to cover any unforeseen costs to the county that may arise. Carter Associates, Inc., have communicated with the county on behalf of the property owners to insure that the road design will not adversely impact the remaining land. The property owners request that we pay engineering fees in the amount of $1,194 to Carter Associates. RECOMMENDATIONS AND FUNDING Staff recommends that the Chairman be authorized to execute the Contract to purchase right-of-way parcels from the estate of Thomas Kennedy. Staff also requests that the Board authorize payment of engineering fees from Carter Associates. Funding to be from account #309-214-541-066.12 Indian River Boulevard North Right -of -Way. Public Works Director Jim Davis advised that there has been a change in the counteroffer made by the Kennedy family. They do not want to include the 1.07 acre on the economic remainder in the $177,000 price. In addition, they want to move up the 51 �aJl)r� � ►'�C(; r-AUG 211990 closing by one week. ROOK FFAGFl If we were to deduct a whole acre, it would increase the cost by $65,000 as opposed to our appraised value. In discussing the counteroffer with their attorney, B. T. Cooksey, staff indicated that we felt it was quite a bi.g difference from our appraised value to what the Kennedy's want for their 3.4 acres and that we didn't feel comfortable in recommending that the Board spend $65,000 more than the appraised value. Mr. Cooksey said he would communicate our concern to the Kennedy family. Director Davis explained that this is one of 4 parcels remaining to complete the right-of-way acquisition for Phase IV of the Boulevard. Commissioner Bird understood that we have the options of accepting their proposal, going to condemnation or continuing to negotiate. Commissioner Bird didn't feel comfortable with paying the increase over and above the appraised value in the first place, and sure didn't feel comfortable now with paying it if they are going to remove a whole acre from the parcel. Director Davis didn't have a problem with the recommendation as proposed today, and Administrator Chandler explained that after looking at the counteroffer yesterday of pulling out that acreage, staff feels that the price should be reduced, and, if it is not reduced, then staff recommends going with condemnation. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Scurlock, that the Board authorize staff to convey our position to the Kennedy family that they can either accept this as presented by staff and sell us the 1.07 acres at the price we have agreed to pay; or deduct that acreage and keep it and the County would pay whatever the reduced price would be based on the appraised value of that 1.07 acres; and, if they don't choose to accept either one of those two options, we will go to condemnation. 52 Under discussion, Attorney Collins explained that if the Kennedy's think that one acre is worth more than the $23,000 that it is appraised at, they still can try to sell it to Grand Harbor for more. He felt the Board has given them all the direction they need. Chairman Eggert understood that the total appraised value is $132,304 while the asking price is $165,000, but asked if that is only glued onto one part of it. Director Davis explained that the $165,000 does not include the 1.07 economic remainder, and Commissioner Bird figured that the amount we would deduct for the 1.07 acres would be $26,273 plus the time adjustment. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. SOUTH COUNTY REVERSE OSMOSIS PLANT EXPANSION, WORK AUTH. #10 WITH CAMP DRESSER & McKEE The Board reviewed the following memo dated 8/9/90: DATE: AUGUST 9, 1990 TO: JAMES E. CHANDLER COUNTY -ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILI SERVICES PREPARED WILLIAM F. MCCAI AND STAFFED CAPITAL PROJE ENG ER BY: DEPARTMENT OF Y SERVICES SUBJECT: SOUTH COUNTY REVERSE OSMOSIS PLANT EXPANSION, WORK AUTHORIZATION NO. 10 WITH CAMP DRESSER & MCKEE BACKGROUND On June 5,, the Indian River County Board of County Commissioners executed a contract with Inscho-Kerlin for expansion of the South County Reverse Osmosis Plant. The contract was in the amount of $3,210,000.00. However, we will now have to add a Change Order of approximately $200,000.00 for the construction of a brine treatment system (per the DER). This change will make the total construction cost approximately $3,410,000.0.0. We now wish to bring Work Authorization No. 9 with Camp Dresser & McKee (CDM) to the Board of County Commissioners for approval. The Work Authorization covers several areas of service (see attached Work Authorization No. 9). 53 AUG 211990 8001{ pnr 5 ANALYSIS The list of costs and services to be provided are as follows: 1. General Services During Construction Provide progress meetings, review shop drawings, 'review pay estimates, prepare change orders, general project management CDM costs $107,380 outside consultants 15.000 Total $122,380 2. Resident Inspection Services Provide resident inspection as required, prepare daily reports, assist engineering staff with pay requests CDM total costs $60,030 3. Special Services During Construction Due to a request by the Department of Environmental Regulation, a brine treatment facility must now be designed and constructed CDM total costs $28,980 Considering the necessitated-t:btal redesign of the plant, which was due to litigation over the originally -specified membrane, and extensive permitting requirements by the DER, the total engineering cost from CDM and outside consultants is $387,224.00 (approximately 11% of the final construction cost), which is a reasonable price. Funds for this project will come from Account No. 472-000-169-041.00. The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Work Authorization with Camp Dresser & McKee. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved Work Auth. #10 with Camp Dresser & McKee, as recommended by staff. COPY OF SCOPE OF SERVICES AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 54 12TH STREET AREA WATER LINE --WORK AUTHORIZATION 90W-1 WITH MASTELLER & MOLER The Board reviewed the followinq memo dated 8/7/90: DATE: ' AUGUST 7, 1990 TO: JAMES E. CHANDLER COUNTY ADMINISTRNSE FROM: TERRANCE G. PINT DIRECTOR OF UTILES SUBJECT: 12TH STREET AREA WATER LINE, WORK AUTHORIZATION NO. 90W-1 WITH MASTELLER AND MOLER ASSOCIATES, INC. IRC PROJECT NO. UW -90 -09 -DS PREPARED WILLIAM F. McCAIN AND STAFFED CAPITAL PROJECT NGINE R BY: DEPARTMENT OF U;J� SERVICES BACKGROUND ` On July 10, 1990, the Utilities Department received authorization from the Board of County Commissioners to negotiate fees for the above-mentioned project. We have negotiated with the No. 1 short-listed firm, Masteller and Moler Associates, Inc. We now wish to bring Work Authorization 90W-1 with Masteller and Moler Associates, Inc., for the aforementioned work to the Board for approval. ANALYSIS The project initially was started by the City -County square -off for service areas; i.e., 12th Street. Since the project was started, petitions for four streets south of 12th Street have been received. Because of these petitions, we have expanded the job to cover the area between 23rd and and 27th Avenue on the east and west, and 8th and 12th Streets on the north and south (see attached service area map). The estimated construction cost is $1,127,800.00, and the engineering fees are to be set at $70•,000.00 for design and $20,300.00 for inspection services. These fees relate to 6.2.% for engineering and 1.8% for inspection services, which are acceptable. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve Work Authorization 90W-1 with Masteller and Moler Associates, Inc. ON MOTION by Commissioner Scurlock, SECONDED by • Commissioner Bowman, the Board unanimously approved 11ork Auth. 90W-1 with Masteller and Moler Associates, as recommended by staff. WORK AUTHORIZATION 90W-1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 35 AUG 211990 L: i rli 61 FGF . 57 r990 � AUG 21 goo: HERON CAY (90TH AVENUE) WATER MAIN EXTENSION - FINAL PAYMENT The Board reviewed the following memo dated 8/8/90: DATE: AUGUST 8, 1990 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILI Y SERVICES PREPARED H. D. OSTER, P.E. AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: HERON CAY (90TH AVENUE) WATER MAIN EXTENSION FINAL PAYMENT (UW -90 -04 -DS) BACKGROUND The subject project was awarded to Derrico Construction Corporation at a bid price of $66,320.00; the notice to proceed was issued on June 13, 1990. ANALYSIS The project has been completed. no partial payments were made. No Change Orders were issued, and The Department of Utility Services recommends that the Board of County Commissioners authorize payment in full to Derrico Construction Corporation from Account No. 472-000-169-041.00. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, the Board unanimously authorized payment in full to Derrico Construction Corp., as set out in the above staff recommendation. PAYMENT AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 4.1 UNWANTED THINGS TOSSED IN YARDS & DRIVEWAYS The Board reviewed the following memo dated 8/9/90: TO: County Commissioners DATE: August 9, 1990 FILE: SUBJECT: Unwanted things tossed in yards & driveways FROM: Alice E. white REFERENCES: Admin. Secretary. II Mr. Van Nuise, 3017 Golfview Drive, Vero Beach, called this morning complaining about unwanted advertisements and newspapers that.are tossed into the yards or driveways of homes. He said it is bad enough to have to continually pick these things up when he is home; however, when he is gone away, he has no control over it and it soon becomes apparent that the house is vacant. He asked that the Commissioners pass some type of ordinance stating that this trash cannot be delivered to homes whose owners have not signed a statement saying they wish to receive it. Commissioner Scurlock suggested that we authorize the County _. Attorney to draft appropriate legislation based on the Vero Beach ordinance which has worked quite well. Attorney Vitunac advised that will come under Title III, and will read that anybody who doesn't want those items tossed on their driveways or yards will have to send a letter to the publisher stating that they do not want it. After that it becomes litter for which the publisher is liable. Commissioner Wheeler understood then that when people complain, they can be informed that they can write a letter to the publisher stating that they don't want the item, and then the publisher can be cited for littering and pay a $100 fine or whatever. ��®�r 81�A�! ' AUG 211990 57 AUG 211990 60 _1 uUF. R�raK: Attorney Vitunac confirmed that is how it would work. He noted that he and Terry O'Brien had written the Vero Beach ordinance when they were with the City and it has worked fine as far as he knew. Bill Koolage, 815 26th Avenue, emphasized that in order for the people to pay attention to it, the ordinance will have to set enough of a penalty and will have to be enforced. Attorney Vitunac noted that he and Terry O'Brien had written that ordinance when they were with the City and it has worked fine as far as he knew. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously authorized the County Attorney to draft an ordinance based on the City of Vero Beach ordinance relating to unwanted things being tossed -in yards and driveways. UPDATE ON TREASURE COAST REGIONAL PLANNING COUNCIL Chairman Eggert reported on the 14-5 vote taken last Friday on the amended upland vegetation preservation requirement under the new Comp Plan. The amendment just said that any county or municipality that had a requirement that was greater than the original requirement could keep it and that it was all right to have that stronger requirement. That was not the exact wording, but that was the gist of it; so, anybody who wanted to have 25% or 50% wouldn't be inconsistent with the rule. Commissioner Bird asked if it will come to a vote again, and Chairman Eggert explained that the issue will be discussed again as the public hearings go along, but it certainly will have to go to a final vote. A brief discussion followed regarding Commissioner Bowman's strong feelings for requiring 25% instead of the 15-10% requirement preferred by the rest of the Commissioners. 58 SOLID WASTE DISPOSAL_ DISTRICT MEETING The Chairman announced that immediately following adjournment of this meeting, the Board will reconvene as the District Board of Commissioners of the Solid Waste Disposal District. Those minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:45 o'clock A.M. ATTEST: Clerk Chia rman AUG 211990 59 ' . PAU 1 L