HomeMy WebLinkAbout11/13/1990BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
NOVEMBER 13, 1990
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
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COUNTY COMMISSIONERS
Carolyn K. Eggert, Chairman James E. Chandler, County Administrator
Richard N. Bird, Vice Chairman
Margaret C. Bowman Charles P. Vitunac, County Attorney
Don C. Scurlock, Jr.
Gary C. Wheeler Jeffrey K. Barton, Clerk to the Board
9:00 A.M. 1. CALL TO ORDER
2. INVOCATION -" None
3. PLEDGE OF ALLEGIANCE - James E. Chandler
County Administrator
4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS
TRANSFER 11(H)2 TO SOLID WASTE DISPOSAL DISTRICT
13(A)1. TCRPC APPOINTMENT
131 A 12. CHILDRENS SERV. COMM. SUBSTITUTION
13 A 3. LEGISLATIVE ggDELEGATION MATTERS ) D
13 A 4.PIO&f,'LAMACTI A% PRESEdlt�YPOIWSEBAA.R.L.STIAN RIVE ON
None
6. APPROVAL OF MINUTES
Minutes of Special Meeting of 9/26/90
7. CONSENT AGENDA
A. Received and placed on file in the office of Clerk to
the Board: Report of Convictions, month of Oct.,.1990
B.
Occupational license taxes collected during month of
October, 1990
( memorandum dated November 5; 1990) _
C.
Chapter 154, Florida Statutes Fee Schedule Approval
( memorandum dated _ October .30, 1990) _
D.
Release of County Utility Liens
(memorandum dated November 7, 1990)
E.
IRC Bid #91-23/Hardware for Traffic Signs
( memorandum dated October 30, 1990 )
F.
•IRC Bid #91-22/Expendable Medical Supplies '
(memorandum dated November 2, 1990)
N 131990
NOV 131990.
BOOK 1 i-A,E 375
9:05 a. m.
7. CONSENT AGENDA (continued)
G. IRC Bid #91-21/Approved Medications
( memorandum dated November 2, 1990 )
H. IRC Bid #90-104 Potable Water/Citrus Gardens
(memorandum dated November 6, 1990)
I. Barber Street Sports Complex - B.A. #007
( memorandum dated November 7, 1990 )
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES ,
Increase in Municipalities Share of Election Costs
( memorandum dated October 29, 1990 )
9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
Dune Protection Violation - Ron Degrazia -
Kansas City Colony S/D, Lot 6-9
( memorandum dated October 30, 1990)'
B. PUBLIC HEARINGS
CONTINUED PUBLIC HEARING AND CONSIDERATION
(THIRD HEARING): TY TARBY/DEBARTOLO
CORPORATION REQUEST FOR COMPREHENSIVE PLAN
AMENDMENT, REZONING, AND DRI DEVELOPMENT
ORDER APPROVAL
( memorandum dated November 6, 1990 )
(continued from Oct. 16, 1990 meeting)
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL -
None
w
11. DEPARTMENTAL MATTERS (continued)
G. PUBLIC WORKS
None
H. UTILITIES
1. Developer's Agreement with Vero Beach
Kamp (KOA) for Regional Sewer Service
( memorandum dated November 6, 1990 )
2. Segment 11 - Waste Volume Assessment
(memorandum* dated November 2, 1990 )
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN CAROLYN K. EGGERT
B. VICE CHAIRMAN RICHARD N. BIRD
C. COMMISSIONER MARGARET C. BOWMAN
D. COMMISSIONER DON C. SCURLOCK, JR.
E. COMMFSSIONER GARY C. WHEELER
14. SPECIAL DISTRICTS
None
15. ADJOURNMENT
ANYONE WHO MAY WISH TO APPEAL ANY. DECISION WHICH MAY BE MADE AT THIS
MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL
BE BASED.
V �. � .
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Gc� 91
X990
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Tuesday, November 13, 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,
November 13, 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,
Attorney to the Board of County Commissioners; and Virginia
Hargreaves, Deputy Clerk.
The Chairman called the meeting to order, and Administrator
Chandler led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Eggert asked permission of the Board to transfer
Item 11 H (2) - (Segment II - Waste Volume Assessment) to Special
Districts under Solid Waste Disposal District. She also
requested that under her items the following 4 items be added:
1) TCRPC appointments
2) Children's Services Committee substitution
3) Legislative Delegation matters
4) November 19th Circuit Court meeting
Commissioner Bowman requested the addition under her items
of discussion of the CARL purchase on the St. Sebastian River.
ON MOTION by Commissioner Scurlock; SECONDED by Com-
missioner Wheeler, the Board unanimously added and
transferred the above described items on today's agenda.
POlt,Ai .�
NUV 1 j0 _
r
NOV 131990
APPROVAL OF MINUTES
nor, 81 F"," r �)
The Chairman asked if there were any additions or correc-
tions to the Minutes of the Special Meeting of September 26,
1990. There were none.
ON MOTION by Commissioner Wheeler, SECONDED by Com-
missioner Scurlock, the Board unanimously approved
the Minutes of the Special Meeting of September 26,
1990, as written.
CONSENT AGENDA
Chairman Eggert advised that Items F and G need to be
removed for correction, and Commissioner Scurlock requested that
Item B be removed for discussion.
A. Reports
The following was received and placed on file in the Office
of Clerk to the Board:
Report of Convictions, month of October, 1990.
B. Occupational License Taxes - October, 1990
The Board reviewed report from Tax Collector Gene Morris:
TO: Board of County Commissioners -'
FROM: Gene E. Morris, Tax Collector
SUBJECT: Occupational Licenses
DATE: November 5, 1990
Pursuant to Indian River County 'Ordinance No. 86-59, please be
informed that $41,782.10 was collected in occupational license
taxes during the month of October 1990, representing the issuance of
1539 licenses.
Gene E. Morris, Tax Collectoj7
2
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Commissioner Scurlock informed the Board that he has been
getting a lot of calls in regard to the lack of enforcement by
the County in terms of people not having occupational licenses.
He did not believe we have a real enforcement vehicle for this,
and he would like the County Administrator to be authorized to
bring �back a recommendation. He personally would suggest hiring
someone to work under the Code Enforcement Board specifically to
follow up on finding out if people do have proper occupational
licenses. He believed the City of Vero Beach does have such a
person, and Commissioner Scurlock felt it is very unfair to have
these fly-by-night unlicensed people come in and compete with our
licensed people.
Commissioner Wheeler believed that the Tax Collector may
have something in the works for an investigator in his office,
and possibly we should coordinate with him on this.
Commissioner Scurlock commented that he has talked to our
Attorney about this problem, and he believed that our Code
Enforcement Board, which is already set up and working, would be
a good vehicle to pursue it. He also felt that once we start
enforcing this, there will be voluntary compliance.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, the Board unanimously accepted
the above report from Tax Collector Morris.
C. Approval Public Health Fee Schedule (Environmental Health).-
The Board reviewed memo from Director Galanis:
NOV 131 191t"J"o
NOV 13 1,990
BQOI 8.1 'n
l 8 S 0
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
HRS -INDIAN RIVER COUNTY PUBLIC HEALTH UNIT
ENVIRONMENTAL HEALTH TELEPNONE (407)7784317
1 1 11 36TH STREET (407) 778$3 t 6
VERO BEACH, FL 32960 SUN -COM 240.6317
240.631 B
FAX 778.8303
INTEROFFICE MEMORANDUM
DATE: October 30, 1990
.GS4$6,
TO. Honorable Board of County Commissioners ,,;,til.y. �
Indian River County, Florida
THROUGH: Mr. James Chandler
County Administrator '
ian River County
FROMVTRS-Ind
1 nis, M. P. H.
ronmental Health Director
ian River County Public Health
SUBJECT: Chapter 154, Florida Statutes
Fee Schedule Approval
Chapter 154, Florida Statutes, requires Board of County
Commissioners approval of county public health fees charged
in.support of their activities. Usually -we accomplish this
annually through the contract approval.process. However, the .
following fees are omitted from our 1990 - 1991 annual
contract document.-
We
ocument.
We ask the Board to consider the*.following. additional fees
for FY 1990-1991 and that Mr. Chandler submit this`,item for
the earliest possible agenda.
1. Temporary food event, Plan Review, "For Profit".
vendors only - $25.00 per vendor.
2. Commercial Plan Review fee - $75.00 per plan.
Reinspections - $25.00 per plan. .
3. Beverage license review and approval - $50.00 each.
The estimated additional revenue accruing to Environmental
Health would be approximately $8,000. to $10,000 pef,_year.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, the Board unanimously approved the
additional public health fees set out above.
m
D. Release of County Utility Liens
The Board reviewed memo from Lea Keller, CLA:
TO: The Honorable Board of County Commissioners
PROM: Lea R. Keller, CLA, County Attorney's Office
DATE: November 7, 1990
RE: CONSENT AGENDA - BCC MEETING 11/13/90
RELEASE OF COUNTY UTILITY LIENS
I have prepared the following routine lien releases and
request that the Board authorize the Chairman to execute
them:
Release of Water Assessment
Lien
SUMMERPLACE In the name of
RYBARCYK
Release of Water Assessment
Lien
SUMMERPLACE in the name of
KNIGHT
Release of Water Assessment
Lien
SUMMERPLACE in the name of MEOLA
Release of Water Assessment
Lien
SUMMERPLACE in the name of
SHEA
Release of Water Assessment
Lien
SUMMERPLACE in the name of
LALLY
Release of Water Assessment
Lien
SUMMERPLACE in the name of
BAUS
Release of:Water Assessment
Lien
SUMMERPLACE in the name of
REGNER
Release of Water Assessment Lien
SUMMERPLACE in the name of DESANTI
Release of Water Assessment Lien
SUMMERPLACE in the name of DONOVAN
Release of Water Assessment Lien
SUMMERPLACE in the name of MOORE
Release of Sewer Assessment Lien #76
NORTH COUNTY PROJECT in the name of
PARK
Release -of 2.Sewer Assessment Liens #160 -
NORTH COUNTY PROJECT in the name of
PARK
Satisfaction for Payment.of Impact Fees
in .the name of LEWIS.
Satisfaction for Payment of Impact Fees
in the name of DEAN
Information for the above documents is on file in the County
Attorney's Office.
5 PUUK F'Au� &S-1
NOV 13'199'U _
NOV 131990 BOOK 8FACE85'2
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, the Board unanimously authorized
the Chairman to execute the Release of Utility Liens
and Satisfaction for Payment of Impact Fees as listed
above.
COPIES OF SAID DOCUMENTS ARE ON FILE IN THE OFFICE OF CLERK TO
THE BOARD.
E. Bid #91-23_- Hardware for Traffic Signs
The Board reviewed memo from CPO Manager Mascola:
DATE: October 30, 1990
T0: BOARD OF COUNTY CSSIONERS 4
THRU: .James E. Chandler, County Administrator
H. T. "Sonny" Dean, Director
Department of General Servitlee
FROM: Dominick L. Mascola, CPO Manager
Division of Purchasing
SUBJ: IRC Bid #91-23/Hardware for Traffic Signs
BACKGROUND:
On request from Traffic Engineering Division, the subject bid was
properly advertised and Eleven (11) Invitations to Bid were sent out.
On October 24, 1990, bids were received with Three (3) vendors sub-
mitting proposals for the ccammdity.
ANALYSIS:
Staff has reviewed the submittal to ascertain adherence to speci-
fications. Universal Signs was the low bidder that met all
requirements.
FUNDING:
Monies for this project will come from Traffic Engineering Accounts
for Traffic Signs. Funds available $39,600.00.
RECOMMENDATION:
Staff reccmrends the Award of an Open End Contract to Universal Signs
with an estimated value of $32,827.00 per year. Also, authorize the
Purchasing Manager to renew the Contract subject to satisfactory per-
formance, zero cost increase, vendor acceptance, and determination that
renewal is in the best.interest of the County. The initial contract
period shall begin on the date of award.
6
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ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, the Board unanimously awarded
Bid #91-23 for hardware for Traffic Signs to the
low bidder meeting all requirements, Universal Signs,
and approved the award of an Open End Contract to
same with an estimated value of $32,827.00 per year,
as recommended by staff and per the following Bid
Tabulation:
BOARD OF COUNTY COMMISSIONERS
Z840zerhseer.vemBpi.Flan" Mso
V
Tama..: 1201 W7490 o •r.
* "�'�
Recommended Award Universal Signs F�-0RI
32,827.00
Date 10/30/90
PURCHASING DEPT.
BID TABULATION
'Submitted .By Dominicii L Mascola
-PURCHASING MANAGER
Bid No. 91-23• Date Of Openid!'10/24/90
Bid Title Hardware f/Traffic Signs
1. Universal Signs 6 Accessories
$32,827.00
2912 Orange Avenue
Ft Pierce, F1 34947 '
2. Municipal Supply6 Sign Co
$35,335.00
P.O. Box 1765
Naples, Florida 33939-1765
3. Vulcan Signs
(Partial Bid) $12,315.50
P.O. Box 850
_
Foley, Alabama 36536
F. 8 G. Bid #91-20 (Expendable Medical Supplies) and Bid #91-21
(Approved Medications) N _
Doug Wright, Director of Emergency Services, reviewed -and
confirmed the following explanation of Bids #91-20 and #91-21:
NOV 13 1990
N 0 V 13 1990
-----------------------------------
TO.-
----------------------------------
TO: Sonny Dean, Director
General SeW�_
s
FROM: Doug Wright, irector
Emergency Services
Noor F.{�E.�
DATE: November 8, 1990
SUBJECT: IRC Bid 91-20 - Expendable Medical Supplies
IRC Bid 91-21 - Approved Medications
-------------------------------------------------------------------
REVISED INFORMATION - MEMO OF 10/31/90
The bid (#91-21) for Approved Medications has been recommended for
• award of an Open End Contract to Sun Belt Medical for Group I, II,
III, and Group IV to General Medical for an estimated total value
of $59,115.00. Purchases of approximately $10,000 out of the total
of $50,000 budgeted for medicine and medical supplies in account
#001-253-526-035.27 will be utilized for approved medications.
The bid (#91-20) for Expendable Medical Supplies has been
recommended for award of an Open End contract to General Medical
with an estimated total value of $173,892.75. Purchases of
approximately $30,000 out of the total of $50,000 budgeted for
medicine and medical supplies in account #001-253-526-035.27 will
be utilized for expendable medical supplies.
The bid amounts exceeds the funds budgeted for the account only
because each and every item that could potentially be used by
emergency medical services staff was included in the bid list.
Staff fully understands that the expenditures will not exceed the
approved budget. This information has been conveyed to the
vendors. Each throughly understands that specific items or groups
of items were bid and the bids being awarded are open ended. The
total bid would be reached only if we purchased each and every item
on.the bid list in the amounts noted which will not occur.
Please advise if you feel further clarification
this matter.
Bid #91-20
The Board reviewed the following:
8
is necessary in
DATE: November 2, 1990
TO: BOARD OF COUN'T'Y COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Services
FROM: George Wolf(Anterim Purchasing Manager
_Division of Purchasing
x
SUBJ: IRC Bid #91 .WExpendable Medical Supplies
arr1Vf"0 T7KM.
n
On request from Emergency Services Division, the subject bid was
properly advertised and Nine (9) Invitations to Bid were sent out.
on October 24, 1990, bids were received with Three (3) vendors sub-
mitting proposals for the commodity.
ANALYSIS:
Staff has reviewed the submittal to ascertain adherence to speci-
fications. General Medical was the low bidder that met all re-
quirements. ;
FUNDING:
Monies for this project will cane frau Emergency Services Accounts
for Medical Supplies.- Funds available $30,000.00. (See memo).
CATION:
Staff recommends the Award of an Open End Contract to General Medical
with an estimated total value of $173,892.75 per year. Also, authorize
the Purchasing Manager to renew the Contract subject to satisfactory
performance, zero cost increase, vendor acceptance, and determination
that renewal is in the best interest of the County. The initial con-
tract period shall begin on the date of award.
i
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, the Board unanimously awarded
Bid #91-20 for Expendable Medical Supplies to the low
bidder, General Medical, and approved the award of an
Open End Contract to same with an estimated total value
of $173,892.75 per year, as recommended by staff and
per the following Bid Tabulation:
9
NOV 13 1990 _ BOOK 81 ,F,1GL 8,85
NOV 13 1990PAGE
BOARD OF COMM COMMISSIONERS
184025thSue4VemBea&Floz&M960
T..s - =53 W741M �., sZ... 11- Tarn,..: =..,m,
Recommended Award General Medical Co ao LpR1�°' ;
173,892.75 '
Dates 11/6/90
PURCHASING DEPT.
BID TABULATION ••
Submitted By GEORGE WOLF
PURCHASING MANAGER
gid Na 91-20, Date Of Openingl0/24/90
Bid Titie . Expendable Medical Supplies
1. General Medical Corporation Group I - S148,970.75
1501 MW 24th Street, Suite 100 Group II- $ 24,922.00
Pompano Beach, F1 33064
2. Matrx Medical Group I - S149,932.75
P.O. Box 210-200 Gates Road Group II- $ 23,425.50
Ballentine, S.C. 29002
3. Dixie, U.S.A. (Did not bid on all items) I - S 63 572.00
P.O. Box 55549 (gid not bid on all items)Group n- $ 13,281.97
Houston, Texas 77255
Bid #91-21
The Board reviewed the following:
DATE: November 2, 1990
T0: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department offG'eeneral Services
FROM: George Wolf,"fhteri.m Purchasing Manager
Division of Purchasing
SUBJ: IRC Bid #91-21/Approved Medications
BACKGROUND:
On request from Emergency Services Division, the subject bid was
Properly advertised and Seven (7) Invitations to Bid were sent out.
On October 24, 1990, bids were received with Four (4) vendors sub-
mitting proposals for the commodity.
ANALYSIS:
Staff has reviewed the submittal to ascertain adherence to speci-
fications. Sun Belt Medical was the low bidder for Group I, II, &
III that net all requirements. General Medical was the low bidder
for Group IV that met all requirements.
10
FUNDING:
Monies for this project will crane from Emergency Services Accounts
for Medical Supplies. Funds available $10,000.00. (See memo).
PIX)CH ENDATION:
Staff recommends the Award of an Open End Contract to Sun Belt Medical
and General Medical with an estimated total value of $59,115.00 per
year.• Also, authorize.the Purchasing Manager to renew the Contract
subject to satisfactory performance, zero cost increase, vendor ac-
ceptance, and determination that renewal is in the best interest of the
County. The initial contract period shall begin on the date of award.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, the Board unanimously awarded
Bid #91-21 to the low bidder meeting all requirements
for Group 1, II, and Ill,.of Approved Medications,
Sun Belt Medical, and to General Medical as the low
bidder meeting all requirements for Group IV and
authorized renewing the contract as recommended by
staff and per the following Bid Tabulation:
11
woo 13 1990 _Boon
BOARD OF COUNTY COMMISSIONERS
Date= 11/2/90
184025thS&eettvemBeaeh.Flarida3290
PURCHASINGDEPT.
-V
BID TABULATION -.
T...M.swr. t]O31 587x000
,r
ti •2,
""
Submitted By
S..ses T.I.e�.; .—�LtOlt
PURCHASING MANAGER
>
Bid No. 91-21' Date Of Openingl0/24/90
Recommended Award
FLORID
Bid Title .Approved Medications
1. Sim Belt Medical
Group I - $10,625.00
4. Per s Indian Rimer Pharmacy Grom I - S18,282.50
10273 N.W. 46th Street
Group II -$20,652.00
777 37th St., Suite C-107 Group II- $35,710.00
Sunrise, Fl 33351
Group III-$ 7,224.00
Vero Beach, F1 32960 GroupIII- $ 7,601.25
Group -IV- $29,325.00
2. General lfedical
Group IV- $20 614.00
1501 NW 24th St, Ste 100
_
Pompano Beach, F1 33064
3. Matrix Medical
Grotm I - 9,811.50
P.O. Box 210-200 Gates Rd
Group II- $27,196.25
_
Ballentine,_ S.C. 29002
GroupIII- $ 5,452.50
Group IV- $17,856.50
11
woo 13 1990 _Boon
Novi 3 1990
FAH 88, JP
H. Bid #90-104 - Potable Water Citrus Gardens
The Board reviewed memo from the Interim Purchasing Manager,
George Wolf:
DATE: November 6, 1990
TO: BOARD OF COUNTY COMMISSIONERS
THRU--.- James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Services
FROM: George Wol nterim Purchasing Manager
Division o cha�ing
SUBJ: IRC Bid #90-104/Potable Water Citrus Gardens
BACKGROUND:
On request from Utility Department, the bid for Potable Water Citrus
Gardens was properly advertised and Twenty -Five (25) Invitations to
Bid were sent out. On August 22, 1990, bids were received Ten (10)
vendors submitted proposals for the ccaarodity.
ANALYSIS:
Staff has reviewed the submittal to ascertain adherence to speci-
fications. Utility Systems of America was the lowest bidclex and met
all requirements.
FUNDING:
Monies for this project -will come from Budget Utility Funds Impact
Fees Work in Progress. Funds available $184,010.00.
RECONIlAMATION:
Staff recommends the Award of a Fixed Contract for $82,919.92 to the
low bidder, Utility Systems of America for the subject project. Also
authorize Board Chairman to execute contract documents.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, the Board unanimously awarded a
Fixed Contract for $82,919.92 to the low bidder,
Utility Systems of America for the subject project,
per the following Bid Tabulation and as recommended
by staff:
12
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CONTRACT W/UTILITY SYSTEMS OF AMERICA FOR ABOVE PROJECT IS ON
FILE IN THE OFFICE OF CLERK TO THE BOARD.
I. Barber Street Sports Complex - Budget Amendment #007
The Board reviewed memo from OMB Director Baird:
13 BOOK
V 10199
Dates 8/,90
BOARD OF COUNTY COMMISSIONF.xS
1840258ASbvckVemBroekF&r4da3950
PURCHASING
DEPT.
BID TABULATION -•..
_aVF
Submitted By Dominick
L Mascola
•- 1=1 "74U=
qZ
s....,. ro......: = .,u„ PURCHASING MANAGc"Fi
L . "
Bid No.90-104- •
Date Of Opening$�22/90
Re=nmended Award
�LOR10-
�� Bid ' itle•Potable Water citrus Gardens
82,919.92
1.
Utility Systems of America
$:82,919.9".
6. Volusia Construction
$130,098.00
1725 South Nova Rd #B-4
952 Big.Tree Road
South daytona, F1 32119
South Daytona, F1 32119
2.
Derrico Construction
$ 99 960.00
P.O. Box 361177
Melbourne F1 32936
7.
Ted Myer Construction
$136,469.95
t Y1e RWY
Winter Beach, F1 32971
3.
Don Luchetti Construction
$119,937.00
475 Stan Drive
Melbourne, F1 32904
8. :G.B.S. Excavating Inc
$137,391.00 -
7270 5W HattlesnaKe Rua
l
Palm City, F1 34990
4.
A.O.B. underground
$122,114.97
9.
Belvedere Construction
$153,659.75
P.O. Box 1 10
7233 Southard Blvd B-1
West Yalm Beach, Fl 33416
West Palm Beach, Fl 33413
• 10.
Aegla Construction -
$153,743.75
1180 S Poverline Rd Suite 202
5.
Schopke Construction
$123,836.00
Pompano Beach, F1 33069 -
bcu langerifie. Street
Melbourne, F1 33901
'
CONTRACT W/UTILITY SYSTEMS OF AMERICA FOR ABOVE PROJECT IS ON
FILE IN THE OFFICE OF CLERK TO THE BOARD.
I. Barber Street Sports Complex - Budget Amendment #007
The Board reviewed memo from OMB Director Baird:
13 BOOK
V 10199
NOV 13 1990
P00K 81 F11�11JE 8,901
TO: Members of the Board
of County Commissioners
DATE: November 7, 1990
SUBJECT: BARBER STREET SPORTS COMPLEX
BUDGET AMENDMENT 007
- CONSENT AGENDA
FROM: Joseph A. Baird
OMB Director
DESCRIPTION AND CONDITIONS
Indian River County authorized funding for the "Barber Street Sports Complex" in the
amount of $110,000.00 for the 1989/90 fiscal e
year. Only 5 w
y y $7 ,436 99 as paid by ,
September 30 1990 leaving unspent allocation P g an ent p n of $34,563.01 for the 1989/90 fiscal
year. The City of Sebastian has requested the $34,563.01 be moved into the 1990/91
fiscal year in addition to the $35,000 already approved. Funds would be appropriated
from MSTU/Cash Forward October 1.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget
amendment in the amount' of $34,563.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, the Board unanimously approved
Budget Amendment #007, as follows:
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Bair
OMB Director
Entry ;
MSTU
MSTU/Parks
14
ouuMQwzcn
SUBJECT: BUDGET AMENDMENT
NUMBER: 007
DATE: Novembeip 8. 1990
i
_I
INCREASE IN MUNICIPALITIES SHARE OF ELECTIONS COSTS
Supervisor of Elections Ann Robinson went over the following
memo:
Az ER c''1
: V.
SaR OF
October 29, 1990
ANN ROBINSON
SUPERVISOR OF ELECTIONS
1840 25TH STREET, SUITE N-109
VERO BEACH, FLORIDA 32960-3394
TELEPHONES: (407) 567-8187 or 567-8000
TO: HON. CAROLYN EGGERT, CHAIRMAN, BCC
FROM: ANN ROBINSON, SUPERVISOR OF ELECTIONS
RE: ITEM FOR BCC AGENDA OF NOVEMBER 13, 1990
(Increase in Municipalities share of election costs)
s
This year the municipalities held their elections without
a countywide election on the March ballot, so we have a
better idea of the actual expenses connected with city
elections.' In 1987, 1988, and 1989 the cities held their
elections in March in conjunction with the County's election;
in 1989 the cities were charged 35� per registered voter as
their share of the costs.
Based on the expenses listed on the attached page for each
municipality for the March 13, 1990, election, it appears
that a charge of 504� per registered voter would more fairly
reflect the costs when the cities are holding an election
in conjunction with the County.
This is on the agenda for your consideration'. I'll send
a copy of-this�material to the Mayor and City Clerk of
each municipality in Indian River County.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, the Board unanimously agreed with
the charge of 504 per registered voter as the munici=
palities share of costs when holding an election in
conjunction with the County.
15 6�.�.t�
N 0 V 13 1990
Nov 13 1990
800K
DUNE PROTECTION VIOLATION (DEGRAZIA/KANSAS CITY COLONY)
Community Development Director Keating made the following
presentation:
TO: James Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE:
Robert M. Keati g, =P
Community Development Director
THOUGH: Roland M. DeBlois�' ICP
Chief, Environmental Planning
C
FROM: MARK CROSLEY
Environmental Planner
DATE: 10/30/90
SUBJECT:
Dune protection violation
Ron Degrazia
Kansas City Colony S/D, Lots 6-9
It is requested that the data presented be given formal consideration by the
Board of County Commissioners at their regular meeting on 11/13/90.
DESCRIPTION & CONDITIONS:
On 08/24/9Q County staff observed a violation of the County Land Clearing and
Tree Protection Ordinance on the following described property:
Location: 2023 S.AlA (overall)
Parcel I.D.: 3433400000100000000 6.0
Legal Description:
Kansas City Colony S/D, Lots 6-9
Zoning: RS -3
The nature of the observed violation is as'. follows:
Dune and/or beach encroachment oceanward of the
County Dune Stabilization Setback Line (DSSL) has
occurred, in violation of county regulations.
Additional information:
Staff -has confirmed land clearing encroachment and removal of
protected dune vegetation seaward (east) of the .county Dune
Stabilization Setback Line (D.S.S.L.). The violation involves four (4)
separate lots of -the Windermere Subdivision, formally recorded in Plat
Book 4, p.23, as Kansas City Colony. Subdivision,. lots -'.6-9.
County staff normally pursue enforcement of land development
regulations through' 'the County Code Enforcement Board. However, the
Code Enforcement Board has authority to impose an order assessing a
fine in the event of a future violation: The- nature of a tree
16
r
I
protection/land clearing violation is such that an after -the -fact fine
is more appropiate. Therefore, it is staffs decision to bring this
matter directly to the Board -of County Commissioners for assessment of
a voluntary fine or authorization to pursue this matter in court.
A five -hundred ($500.00) dollar fine was calculated for each
encroachment on each• lot. In addition, an after -the -fact landclearing
permit fee of one -hundred twenty ($120.00) dollars (three times the
regular $40.00 fee) was calculated for the area cleared west of the
D.S.S.L. The total fine is calculated to be two -thousand one -hundred
twenty ($2120.00) dollars (4 lots @ $500.00 apiece + $120.00 ATF
permit fee = $2120.00).
ALTERNATIVES & ANALYSIS:
Section 927.05, Tree Protection and Land Clearing, of the Indian River County
Land Development Code prohibits the performance of any tree removal, land
clearing, dune vegetation alteration, or mangrove alteration before applicable
county permits have first been issued by the County, unless expressly exempt
within the ordinance.
The ordinance further specifies that a violation shall be punishable upon
conviction by a fine not to exceed five hundred dollar ($500) per tree and/or
land clearing violation or by imprisonment in the County jail for up to sixty
(60) days, or both. Sec. 927.17 provides that the destruction of an historic
or specimen tree, mangrove, or any dune vegetation shall receive the maximum
penalty provided by law.
Section 927.17 also specifies that permits may be obtained after -the -fact upon
determination by the environmental planner that activities were performed in
accordance with permit issuance criteria. Based on the illegal land clearing
and number of protected trees and/or amount of protected vegetation that could
have been saved, staff requested on 09/17/90 that the Respondent submit a
voluntary payment of $ 2, 120.00 within 30 days of receipt of certified notice.
Voluntary payment as requested by staff has not been submitted.
STAFF RECOMMENDATIONS:
Staff recommends that the Board of County Commissioners order the Respondent
to pay a voluntary fine of $ 2. 120.00, and to obtain an after -the -fact permit,
including revegetation of the disturbed area. In the event that said fine is
not paid and said after -the fact permit is not obtained, staff recommends that
the Board of County Commissioners grant staff the authorization to pursue
available remedies in County Court.
Commissioner Scurlock wished to know if Mr. Degrazia was
present, and it was determined that he was not present nor was
anyone present to speak for him.
Environmental Planner Crosley advised that he notifie-d Mr.,
Degrazia and also made a follow up phone call.
ON MOTION by Commissioner Bowman, SECONDED by Com-
missioner Scurlock, the Board unanimously approved staff
recommendation ordering the Respondent to pay a volun-
tary fine of $2,120 and to obtain an after -the- fact
permit, including revegetation of the disturbed area.
NOV 13 199" 17
NOV 13 1990
I
800Kc 81 PAa894
CONTINUATION (THIRD_ HEARING) TY TARBY/DEBARTOLO CORP. REQUEST FOR
COMP PLAN AMENDMENT, REZONING & DRI DEVEL. ORDER APPROVAL
TO:
FROM:
DATE:
Staff backup and recommendation:
James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
Robert M. Keat' g, P
Community Deve opine t Director
Stan BolingodAICP
Planning Director
November 6, 1990
SUBJECT: CONTINUED PUBLIC HEARING AND CONSIDERATION (THIRD
HEARING): TY TARBY/DEBARTOLO CORPORATION REQUEST FOR
COMPREHENSIVE PLAN AMENDMENT, REZONING, AND DRI
DEVELOPMENT ORDER APPROVAL
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of November 13, 1990.
BACKGROUND
The Board of County Commissioners considered the above -referenced
requests at two previous public hearings: September 25 and October
16, 1990. At the September 25th meeting, staff recommended
approval of the request with conditions attached to the proposed
development order (D.O.). The applicant -however, stated that he
had concerns and problems with four issue areas arising from the
D.O. conditions. •-
r
The four issue areas raised by the applicant involve:
1. A drainage condition relating to filtration of building and
parking area stormwater run-off.
2. Providing in the D.O. an option for the applicant to "stage"
traffic improvements commensurate with actual site
development..
3.• The timing of traffic improvements in relation to concurrency
standards and policy.
4. Right-of-way contr-ibution needed to, allow a resolution of -
future 66th Avenue roadway expansion.
At the -applicant's request, the Board continued the public hearing
_to October 16th to allow the applicant.time'to work further with
staff and -to try to explore alternatives to staff's
recommendations. Immediately after the September 25th meeting,
staff re-evaluated its position and recommendations relating to the
four issue areas of concern to the applicant. Staff took the
initiative to formulate alternatives to address the applicant's
expressed concerns.. Although the applicant never responded in
writing to staff's new proposals and canceled two tentatively
scheduled meetings with staff, staff proposed to the Board, at its
October 16th meeting, modifications to the D.O. that would address
several of the applicant's previously expressed concerns.
18
At the October 16th meeting, -the applicant requested another
continuation to allow more time for the applicant to work with
staff and come up with specific proposals to address the four issue
areas. After much discussion and questioning, the applicant agreed
that a continuation of consideration to the November 13, 1990
meeting would allow sufficient time to work with staff and
formulate a final position on the four issues. The Board continued
the public hearing to its regular meeting of November 13th.
•Since the October 16th Meeting
Since the October 16th meeting, staff has had several meetings with
the applicant, has published a "courtesy notice" advertisement for
the rescheduled November 13th meeting, and has requested (but as of
the date of this report has not received) specific proposals
regarding the four issue areas and related D.O. language
modifications.
Staff initiated and set-up the first staff/developer meeting after
the October 16th hearing; that meeting was held on October 22nd.
No progress was made on any of the issue areas. At that meeting
the staff again explained its position on the four disputed issues.
The applicant, however, proposed a new traffic circulation analysis
and schedule of improvements that were not only totally
unacceptable to county staff, but would have required Treasure
Coast Regional Planning Council concurrence. After the meeting,
county planning staff contacted Regional Planning Council staff
regarding the proposed new traffic provisions. Regional Planning
Council staff indicated that such provisions would be unacceptable.
and would require a full re -review of the project to even be
considered.
Subsequently, the applicant arranged to meet with County staff
again on October 25th. The only issue area discussed was
concurrency in relation to traffic improvements. While progress
seemed to be made in relation to the timing of improvements to 43rd
Avenue, the applicant indicated that he had the same concern
regarding all other required traffic improvements. Also on October
25th, the applicant's engineering consultants met with County
public works staff and the Drainage District engineering staff.
Although most of the discussion related to the District's newly
adopted discharge rate and its application to road construction
projects, the subject of possible 66th Avenue expansion (relocate
or boulevard around Lateral "A") was briefly discussed. The
Drainage District's engineering staff indicated that their
preference would be that 66th Avenue be expanded to the west and
that Lateral "A" canal should not be re -located or boulevarded. No
Drainage District official position would be taken without the
District Board acting on a formal request; the next District Board
meeting is to be held November 13, 1990.
ANALYSIS
Since the October 16th meeting, no new information or proposals by
the applicant have been provided which have changed staff's
position.
Staff's position on the four issue areas• is as*follows:
1. The drainage '.condition (#19, se(
the applicant was recommended by
to aid An filtration and to
stormwater run-off entering ti
County staff is in agreement
Council condition, especially
quality of run-off entering the
19
a attachment#1) of concern to
the Regional Planning Council
increase the quality of the
ie proposed detention ponds.
with this Regional Planning
since it will increase the
on-site ponds.
Nov I IV, BOOK 81 PAGE U�
2. Staff has agreed with the applicant that a condition can be
included in the D.O. (#45, see attachment #1) which would
allow the developer an option to stage traffic improvements,
essentially phasing -in the .total package of necessary
improvements specified in the applicant's own traffic analysis
and incorporated into the Regional Planning Council
recommended D.O. Staff's proposed staging condition is an
option the developer may choose which requires security to be
posted to guarantee that the entire traffic improvement
package is completed, and also requires review and approval of
_the staging plan by the County, Treasure Coast Regional
Planning Council, and the Florida Department of
Transportation. Notwithstanding this condition, the applicant
always has an option to amend any adopted D.O. through normal
amendment procedures.
3. In regards to the timing of traffic improvements (condition
#40, see attachment #1), it is staff's opinion that the
required traffic improvements should be "substantially
complete" (able to properly handle traffic) prior to the
issuance of a certificate of occupancy (C.O.) for the project.
It should be noted that the proposed D.O. requires that
substantially complete improvements be in place prior to the
issuance of a C.O., as recommended by the Regional Planning
Council. Regional Planning Council staff has indicated that
a change in. the timing aspect of any traffic conditions
relating to any regional roadway (all roads specified in the
traffic conditions except 43rd Avenue) would be an appealable
issue.
Thus, it appears that the County could address the timing of
traffic improvements for 43rd Avenue without directly going
against Regional Planning Council policy. Although some
options exist within the language of the concurrency
provisions of state law and the County's LDRs that could apply
to the timing of 43rd Avenue improvements, the applicant
indicated in an October 25th meeting that the timing of the
entire package of traffic improvements should be treated
differently than what is currently proposed in the D.O. Due
to Regional Planning Council D.O. recommendations and policy,
and County staff's opinion that the required improvements
should be substantially complete prior to C.O., it is staff's
position that the D.O. language relating to the timing of
traffic improvements should not be changed.
4. The 66th Avenue -right-of-way contribution condition (#29, see
attachment #1)"is worded to accommodate any future expansion
of 66th Avenue or other public improvements to the east of the
existing 66th Avenue roadway. It appears that no official
approval or denial of any proposal to relocate or boulevard
the Lateral "A" canal will be given by the District unless and
until a formal proposal is submitted. Regardless of the exact
design solution selected, condition #39 as currently worded
requires a dedication of up to 70' of right-of-way to
accommodate any 66th Avenue design to expand improvements
eastward.
It should be noted that at the February 1990 public hearing to
transmit the project -related comprehensive plan amendment to
the State, the developer's representative committed the
developer to giving whatever right -of =way .is needed to
accommodate the expansion of 66th Avenue eastward. This
commitment pre-empted further discussion and inquiry into
certain mall project impacts on 66th Avenue and the adjacent
project :(Vista Plantation), and was relied -upon by public
hearing participants, and the County.
20
- M
In staff's opinion, the D.O. recommended for approval in the
October 16, 1990 Board of County Commissioners packet stands and
should be approved. Staff's recommendation has not changed:with
the exception of minor language revisions to traffic condition #45
as presented in attachment #1. The wording changes proposed for
this condition are in response to a request by Regional Planning.
Council staff to tie -down the staging plan condition to specific
timeframes. Thus, staff proposes changes to condition #45 to tie
the staging plan option to release of an approved mall site plan.
[NOTE.:-- staff would have proposed this wording change at the
October 16, 1990 meeting if the applicant's continuation request
had not pre-empted discussion.]
Recommendation
Staff recommends that the proposed D.O. resolution, which includes
a modification to condition #45 as referenced in staff's report, be
adopted and the Chairman authorized to execute the resolution.
Chairman Eggert informed those present that Mr. Greco of the
DeBartolo Corporation has asked to speak first. -
Attorney Vitunac asked that, for the record, everyone
present today in regard to this item raise their hands, and the
entire roomfull of people raised their hands.
Dick Greco, Vice President of the Edward J. DeBartolo
Corporation, felt it was nice to see such a turnout with so many
showing their interest. He further noted that he was gratified
to read in the PRESS JOURNAL this morning an editorial called
"Mall Call," which set out what the mall would have done for the
community, and also the letter that Commissioner Bowman wrote.
He, however, at this time has a sad story to tell. First of all,
Mr. Greco wished to say that all of you have been very helpful
and receptive over the two years that his group has tried to
develop this mall and even have offered advice to help make this
happen. He realized the Commissioners and staff must do what is
in the best interests of the community, and staff has been
tremendous and hard working. DeBartolo has been trying to
determine what this particular project would cost for some time
and staff have been trying to help. In regard to Growth
Management and Concurrency, however, they must apply the same
standards to everyone who comes in, and the Board will continue
to be faced with this in the future as new projects come in.
NOV
21
BOOK
_I
NOV
13
1,s®
BOOK
81 f',t M
They know they
can't live
Mr.
Greco announced that DeBartolo at this time is
going to
withdraw their petition for the mail, but hopefully they will not
be gone forever. They do want to make this work, but in order to
make any major changes in the Development Order they now have,
they would have to go through a major portion of the whole
process again,
and there
is no
point in
their accepting a D.O.
They know they
can't live
with
and can't
build.
For the benefit of the audience, Mr. Greco explained that
DeBartolo Corporation has owned 216 acres of land here for about
6 years and they have a considerable amount of money invested in
it. They originally laid out a master plan for the whole
property, as is normal, but when they applied concurrency to it,
the off site costs were 40 million dollars. He clarified that
concurrency means you survey practically every road in the county
and someone must do what is needed to bring it to a certain LOS
or no one builds, not just DeBartolo. The costs of the off site
transportation as it stands in this D.O. were about 12.6 million,
and when you add in sewer, water, things like day care, etc.,
that were thrown in by the Region, you are over 16 million, and
that simply won't work. They need to regroup and try to find a
way to cut the costs enough to make the project workable.
Mr. Greco continued that he has been with the DeBartolo
Corporation 18 years; they have 25 malls open in Florida with
investments of over 3 billion dollars. He believed that what has
happened with concurrency makes their developments all the more
valuable because no one will be building projects with the kind
of costs concurrency requires. He advised that this is the first
project in 18 years when they had the department stores committed
that they have backed off from in the entire country. They
wanted to add a Sears store to their mall in Boynton Beach, but
found out the off site costs involved were 7 million dollars.
Mr. Greco noted that this, in effect, is creating a moratorium.
He felt it is fortunate that Indian River County has factored in
impact fees to deal with a big growth, but some places in Florida
22
have not done this and will have to end up taxing the people for
those improvements.
As to the affordable housing requirement, Mr. Greco advised
that they have not been able to get this pinned down in
Tallahassee, but they are talking about possibly over 600 units
which could cost up to 20 million dollars. DeBartolo has spent 2
million trying to make this project happen, and he felt the state
agencies and Regional Planning Council should make the process
simpler than having to spend two years' effort and 2 million
dollars before you find out it can't work. Mr. Greco stressed
that they very much do want to build this project, and they are
going to regroup immediately and see if there is some way to
resurrect it, but there is no way they can make the necessary
changes and meet their deadline of 1993; so, at this point, they
again want to thank the Board and staff for their courtesy over
all this time and they will withdraw.
Commissioner Scurlock stated that he would like to do two
things - one to accept the withdrawal in the form of a Motion,
but also be consistent with what this Commission did early on
which was that our rezoning request was passed contingent upon an
acceptable D.R.I., which has not happened; so, he would like to
have the Motion make sure that the zoning on this land reverts to
be consistent with what they began with.
Chairman Eggert pointed out that the rezoning request also
included an expansion of the node.
MOTION WAS MADE by Commissioner Scurlock, SECONDED by'-_,,
Commissioner Wheeler, to accept the withdrawal of the
mall project by the DeBartolo Corporation and specify
that the subject property return to its zoning and the
node to the size it was at the time of the DeBartolo
request for rezoning and expansion.
NOV 13 1990 23
BOCK'�9 Uel
_I
NOV 13 S30
HOOK 81
Commissioner Scurlock knew that there is a lot of mixed
emotions in the community about having a mall, but he felt over
all, if you didn't site a mall, the consensus would be yes - the
controversy starts when you get site specific. He felt one thing
that has been learned from this exercise, is that this Land Use
and Growth Management Act that was passed and we are starting to
deal with is going to have a tremendous impact on the State of
Florida. He knew that some of his business friends are opposed
to the mall, but if we apply the same standards to those who open
a small store that we apply here where the small business owner
would have to supply 5 or 6 living units or day care spots, etc.,
he believed we can come to a standstill on development in this
community.
Commissioner Scurlock noted that he frankly was not going to
vote for the mall because he did not feel the timing is right,
and that is the same conclusion DeBartolo has reached. He hoped
that in the future they can come back with an even higher class
mall because he believes the community does ultimately want an up
scale mall as long as all the impacts are dealt with.
Commissioner Wheeler commented that he obviously was the
minority here in opposing the mall, but he can only say that Mr.
Greco and his staff were gentlemen and professionals, and it was
a pleasure to work with them all this time.
Chairman Eggert concurred that it was a pleasure to work
with them and thanked them for the time and money spent. She
also realized that local small businesses were opposed, but noted
that inflation will go on, and if new development doesn't come in
to help with our tax base, the pressure on those who are here
will get greater and greater.
Commissioner Bird echoed those same sentiments. He believed
that what we are seeing today is only one example of things that
are going to occur around the state. He personally felt that the
Growth Management Act and the DCA's interpretation of it have
gone far beyond what was intended and felt that this in itself
24
could cause a recession. He did think the market needs to
dictate when the county is ready for a regional mall and hoped
that conditions will change and and we will see the DeBartolo
Company again.
Commissioner Bowman expressed the same thoughts, but wished
to add that she hoped the people here today are as much inter-
ested in the redevelopment of the downtown area as they were in
opposing the mall. She felt that we need to start doing this
now, and even if we start redeveloping just one square block, it
would be a wonderful beginning.
COMMISSIONER SCURLOCK CALLED FOR THE QUESTION
on the Motion to accept the withdrawal and return
the subject property to its former zoning and the
node to its former size.
It was voted on and carried unanimously.
Mr. Greco wished to make one more statement. He felt
strongly that Florida is going to be in for a long siege of
problems, and the Commission will need the voting public's help
to deal with what is occurring. DeBartolo Corporation did not
want to be able to build helter-skelter, but laws have to be
tempered with reason. Mr. Greco felt that Indian River County is
in better shape than most but believed everyone has to pull
together and people have to understand the difficult job the
Commission has to do. He again assured those present that
DeBartolo will be back. This land cost them a lot of money.
The Board recessed briefly and ten minutes later reconvened
with the same members present.
Bill Duryea of Vista Plantation requested to be allowed to
present one more question in regard to the withdrawal of the mall
project. Some of the residents of Vista Plantation are in the
25
NOV 13 1990 -BOOK �. r, ,E OJI
NOV 13 1990 MG)E 902
process of buying the golf course there, and they are very
concerned about the easement that was negotiated with DeBartolo
on his property on the opposite side of the street to allow for
the widening of the road without affecting the golf course
property. The County has a commitment for 60' of the golf course
property, and he wondered if there was any way the County could
lift that and commit the opposite side of the road because if the
mall doesn't go in and something else goes in, he assumed that
means a renegotiation.
Chairman Eggert confirmed that was correct. She further
advised that as far as the Board is concerned, that property has
returned to its original form and there is nothing we can do
about the easement at this time.
Commissioner Scurlock agreed, and further noted that Vista
Plantation residents will be more at risk if a smaller project
comes in because they have less room to maneuver. He also
pointed out that there never was any deal arranged with the
Drainage District regarding this R/W and their canal, and he does
not know if the Drainage District is receptive to the idea.
Mr. Duryea felt they would be sympathetic because they
already have moved two lateral canals in the county - one at Bent
Pine and one at Windsor - but it was pointed out that was a
totally different drainage district.
Frank Zorc wished to be allowed to speak. He wanted the
record to show that Mr. Scurlock very much misinformed the public
on the reasons Mr. Greco backed off from this mall. His main
reason for backing off was not economics - it was the cost.
Chairman Eggert believed economics is anything to do with
money, and Mr. Zorc clarified that Mr. Greco told him it was not
the state of the economy today that caused them to back off, but
the cost. He contended that they are not backing off because the
economy looks bad.
Commissioner Scurlock stated that Mr. Greco certainly did
tell him that is one of the reasons for their backing off.
26
DEVELOPER'S AGREEMENT W/VERO BEACH KAMP (KOA) FOR SEWER SERVICE
The Board reviewed memo from the Utilities Department:
DATE:
TO:
FROM: 4
PREPARED
AND STAFFED
BY:
SUBJECT:
NOVEMBER 6, 1990
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
TERRANCE G. PINTO � ��
DIRECTOR OF UTILITY S RVICES
WILLIAM F. McCAI
CAPITAL PROJECTS ER
DEPARTMENT OF IT SE ICES
DEVELOPER'S AGREEMENT WITH VERO BEACH KAMP (KOA)
FOR REGIONAL SEWER SERVICE
On November 14, 1990, the North County sewer system should be ready
to be put on line. The KOA Campground has reserved capacity at the
plant and would like to connect to the collection system. In
keeping with our Wastewater Master Plan, a regional lift station is
to be located at this site. We have, therefore, negotiated a
Developer's Agreement with the developer for construction of a
regional lift station and force main system.
ANALYSIS
The plan is to reimburse the developer as follows:
Lift station oversizing $5,500.00
Force main oversi ' 4,800.00
Jack and bore - U. S. 1 1,710.00
TOTAL $12,010.00
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached Developer's
Agreement with Vero Beach Kamp, Inc., in the amount of $12,010.00.
The -funds for the reimbursement will be through the Wastewater
Impact .Fee Fund.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, the Board unanimously approved
Developer's Agreement with Vero Beach Kamp, Inc.,
in the amount of $12,010.00 as recommended by staff.
NOit I j 1990 27 BOOK 1 PAGEv�
I
Nov 13199®
AN AGREEMENT BETWEEN
INDIAN RIVER COUNTY, FLORIDA
and
VERO BEACH KAMP, INC.
moK r�' ��`
C��. PAGE c�
Granting reimbursements for oversizing certain
off-site utilities required by the County.
THIS AGREEMENT made this day of 1990, by
and between INDIAN RIVER COUNTY, a political subdivision of the
Statd of Florida, 1840 25th Street, Vero Beach, FL 32960 (County),
and Vero Beach Kamp, Inc., 8850 North U.S. #1, Wabasso, FL 32970
(Developer),
W I T N E S S E T H:
WHEREAS, the DEVELOPER, in conjunction with the construction of
Vero Beach Kamp, Inc., is oversizing off-site sewer facilities to
serve the subject project;
WHEREAS, the County has required the Developer to oversize the
off-site utility improvements to serve the regional area and has
agreed to reimburse the Developer for the cost of oversizing these
off-site utilities;
NOW THEREFORE, for and in consideration of the premises and
other good and valuable consideration, the County and the Developer
agree as follows:
1. The Developer shall construct all necessary off-site
utilities, including oversizing necessary to serve the.
subject project and surrounding area. The County agrees
to reimburse the Developer for the oversizing of the sewer
force main and associated lift station as outlined below:
ITEM
Lift Station
6" FM oversize @ 800 Ft.
Jack & Bore
TOTAL
TOTAL REIMBURSEMENT
$ 5,500.00
4,800.00
1,710.00
•$ 12,010.00
2. The County shall reimburse the Developer in the amount of
$12,010.00. The reimbursement shall -occur at the time of
project acceptance by the County.
IN WITNESS WHEREOF, the County and the Developer have caused
these presents to be executed in their name the day and year first
above written. -
Vero Beac Kamp, Inc.
Title: 6" .
-p•
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY: LIZ 17 .
1 e Board Carolyn Eggert, firman
28 Cl��� /
APPOINTMENTS TO TREASURE COAST REGIONAL PLANNING COUNCIL FOR
UPCOMING YEAR
Chairman Eggert referred to letter received from the TCRPC:
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October. 10, 1989 �� aonRo souN7Y .�,
• ►SSWNERS
COMM
The Honorable Carolyn Eggert, Cha an
Indian River County
Board of Commissioners
1840 25th Street, Suite N-158
Vero Beach, FL 32960
Subject: Annual Appointment of Council Members
Dear Chairman Eggert:
In accordance with Council's Rules of Organization, the
December meeting is designated as the Annual Meeting, at
which time the appointment of all members and alternates is
to occur. It is therefore requested that* the Board of
County Commissioners take the necessary action to appoint
members -and alternates for the upcoming year.. In the case
of Indian River County, three members and three alternates
need to.be appointed (two county, one municipal). It should
be noted that all alternates must be elected officials.
Additionally, the bylaws do not specifically Indicate that
municipal appointments must' be either appointed..or approved
by the county. Each county is assigned' the number of
appointments and the method for making the appointments is
:'•.; left to -the discretion and cooperation of the local
governments in the area.
Finally, it would be appreciated if the County would notify
the Council of the appointments, including mailing addresses
and telephone numbers, as soon as possible, so that the
agenda packet for the December meeting can be provided in a
timely fashion.
Sincerly,
D lel M Cary
Executiv Director
Chairman Eggert advised that she was agreeable to continuing
to serve as the County's representative to the TCRPC, if the
Board desired, and determined that Commissioner Bowman also was
still willing to serve.
Board members indicated they would like to have them both
continue as the County's representatives.
29 BOOK G PAGE
JV _
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NOV 13 1990
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After some discussion, it was agreed that Commissioner Bird
will be the alternate for Chairman Eggert and Commissioner
Wheeler will be the alternate for Commissioner Bowman.
Chairman Eggert informed the Board that the Town of Indian
River Shores cannot get a volunteer to send to the TCRPC. Our
second municipality will be the City of Fellsmere, and George
Mraz of Fellsmere will be the municipal representative to the
TCRPC. The Chairman believed the City of Sebastian is their
alternate, but it was later determined that Orchid is the
alternate for Fellsmere.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, the Board unanimously approved the
appointment of the Board representatives.to the TCRPC,
their alternates, and the municipal representative and
alternate as set out above.
Telephone: (407)567-8000
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 32960
Mr. Daniel M. Cary
Executive Director
Treasure Coast Regional Planning Council
P. O. Box 1529
Palm City, Florida 34990
Dear Mr. Cary:
14, 1990
SeMom Telephone: 714-1011
The Board of County Commissioners, at their November' 13,
1990 meeting, reappointed Carolyn R. Eggert and Margaret C.
Bowman as representatives= Richard N. Bird and Gary C. Wheele'Y-as
alternates. The addresses will remain the same as last year.
Indian River Shores has indicated that they do not wish to
serve as municipal representative for next year, therefore, the
municipal representative will be the City of Fellsmere. Their
representative w3ill be George Mraz, 129 N. Maple St., Fellsmere,
Florida 32948 - telephone 407-571-0416.
The municipal alternate will be the Town of Orchid, and
their representative will be Ernest Polverari, Town Manager, 9300
Town Square, Orchid 32963 - telephone 407-589-6100.
If I can be of any further service, please let me know.
Sincerely,
t
Alice• E. White
30 Administrative Secretary
� � r
1
REPLACEMENT APPOINTMENT TO CHILDREN'S SERVICES COMMITTEE
Chairman Eggert informed the Board that Kathy French, who
was appointed to the Children's Services Committee has had to
leave the county because of a family health problem. The next
person in line to be considered for this appointment was Marcy
Purdy, and Board members have her resume.
ON MOTION by Commissioner Bird, SECONDED by Commis-
sioner Scurlock, the Board unanimously appointed
Marcy Purdy to the Children's Services Committee
as a replacement for Kathy French.
SUBJECTS TO BE BROUGHT TO ATTENTION OF LEGISLATIVE DELEGATION
Chairman Eggert reported that she has received a call from
Representative Sembler's secretary advising that the Legislative
Delegation will be meeting on December 13th, and she asked that
Board members submit any matters they feel should be brought to
the Delegation's attention. She listed the following items:
1) Outlining boundaries with Brevard County
2) Health Department money
3) Trains to blow whistle in emergency situation (It was felt
Commissioner Bowman was to take this to the Tri -City Council.)
Commissioner Scurlock felt that we need to make some state-
ment about modification of the Growth Management Act, and
Chairman Eggert agreed that as much as we need affordable hous-
ing in this area, some flexibility in the Act's requirements is
called for.
Chairman Eggert requested that if any Board member can think
of anything else, they please get the information to Attorney
Vitunac in time to be ready for the meeting of December 13th.
31
S
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ROUE f'r?uc e 0 7
POOK 81 F,A,E 900
NOV 13 199®CJ
JUDICIAL CIRCUIT MEETING RE PRE-TRIAL INTERVENTION
Chairman Eggert next noted that she has received a
memorandum from Circuit Judge Charles Smith, as follows:
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CHARLES E. SMITH 239 COUNTY COURTHOUSE
CIRCUIT JUDGE C! VERO BEACH. FLA. 32960
PHONE: (407) 567-8000 EXT. 528
MEMORANDUM
TO: Honorable L.B. Vocelle, Circuit Judge DISTRIBUTION LIST
Honorable William Hendry, Circuit Judge
Honorable Marc Cianca Circuit Judge Commissioners
Honorable William Fry, Senior Judge Administrator ._—
Honorable James Balsiger, County Judge Attorney —
Honorable Joe Wild, County Judge Per .--- nnel s
v onorable Carolyn Eggert, Chairwoman, I.R. County puhlio Works
Honorable Dale Trefelner, Chairman, St. Lucie Coun
Honorable Walter W. Thom, Jr., Chairman, Martin Co 0--k.Honorable Clif Betts, Jr., Chairman, Okeechobee Coi`'s
Honorable R.T. "Tim" Dobeck, Sheriff, I.R. County Irl.:nce
Honorable Bobby Knowles, Sheriff, St. Lucie County Other "
Honorable O.L. Raulerson, Sheriff, Okeechobee County
Honorable James D. Holt, Sheriff, Martin County -
Honorable 'Bruce Colton, State Attorney
Honorable Phil Yacucci, Public Defender
David B. Douglass, Court Administrator
Charles Vitunac, County Attorney, I.R. County
Noreen S. Dreyer, County Attorney, Martin County
Daniel McIntyre, County Attorney, St. Lucie County
Cassels & McCall, County Attorneys, Okeechobee County
Bob Phelan, Probation & Parole
David Smith, Probation & Parole, St. Lucie County
Lawrence Hoppock, Probation & Parole, Okeechobee County
Pat Hogan,,Probation & Parole, Martin County
Don Cureton, County Probation, I.R. County
Jerry Prewett, County Probation, Martin County
Director, New Horizons
Director, New Beginnings
Director, Metamorphasis
Robin Lloyd, President, I.R. County Bar Asso.
Rob Schwerer, President, St. Lucie County Bar Asso.
John R. Cook, President, Okeechobee County Bar Asso.
Bud Bovie,.President, Martin County Bar Asso.'
RE: Meeting, November 19, 1990
DATE: November 5, 1990
A representative/consultant from the Adjudication Technical
Assistance Project, a program of the Bureau of Justice Assistance,
United States Department of Justice, will be in Fort Pierce on
November 19, 1990, for a problem definition meeting regarding the
INDIAN RIVER, MARTIN. OKEECHOBEE A ST. LUCIE COUNTIES
32
M M
feasibility and potential system -wide impact of a proposed
intervention program for first-time drug offenders.
pretrial
Your attendance, or the attendance of a representative from your
office, is imperative for this vital meeting. This is the only day
the consultant will be here from the projects office in Washington,
D.C. Action must be taken on this project immediately to secure the
funds set aside for our circuit. It is necessary that we have input
from each of you.
I have sent notice of this meeting to the local bar associations for
notice' in their newsletter, so that any members of the defense bar
may attend. Sheriffs, please be advised that the consultant would
also like you to bring your chief corrections officer.
The meeting will be held in Room 312, St. Lucie County Courthouse.
Attached is an agenda for November 19, 1990, with times certain set
for your particular office. If you have any questions in regard to
this meeting, please call my judicial assistant, Pam Krueger.
Again, your attendance is requested and if you cannot attend, please
have a representative present.
Charles E. Smith
Acting Chief Judge
Administrative Judge -Criminal
Attorney Vitunac advised that he will attend the above
meeting, and Commissioner Wheeler agreed to attend also.
REAFFIRM SUPPORT OF CARL PURCHASE ALONG THE ST. SEBASTIAN RIVER
Commissioner Bowman believed this Board passed a Resolution
endorsing the proposed CARL purchase along the Sebastian River,
and she just asked that it be copied and updated and submitted
again. There is going to be a meeting in Cocoa on the 28th; she
understood the final ranking is going to be done in December;_we
do not want to lose our ranking, which is #15; and she felt that
a lot of public support for this would help.
Commissioner Scurlock advised that our Land Acquisition
Committee has come up with a matrix in terms of how to rate each
of the 27/30 properties being considered, and the CARL Program is
a big part of this.
33
Nov 13 1990
BOOK 81 F,1E
Commissioner Bowman expressed her feeling that the Committee
should make the CARL applications their top priority, and Commis-
sioner Scurlock reported that the State Land Acquisition
Committee has a deadline of December 15th for those submittals,
and Environmental Planner DeBlois is preparing something through
our committee to meet that deadline.
Commissioner Bowman referred to another related matter,
which is that Brevard County has a local ordinance stating that
anything on the CARL list in Brevard County can't be rezoned.
She felt we should be thinking about this also.
Chairman Eggert didn't think there could be rezoning in
those areas anyway, and Attorney Vitunac also felt state policy
would cover this, but he will look into it.
Commissioner Scurlock believed it could be a policy of the
Commission not to consider rezonings in conservation areas.
DOCUMENTS RECEIVED
Corrected Application for State Aid to Libraries, as
approved for submittal at the Regular Meeting of September 18,
1990, showing that the amount received from LSCA Program Grants
was $42,083 instead of $40,500 and that correspondingly, the
Local Expenditures Qualified for Matching are $2,810,021 instead
of $2,811,604.
SAID CORRECTED APPLICATION IS ON FILE IN THE OFFICE OF CLERK TO
THE BOARD.
SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment,
the Board would reconvene sitting as the District Board of
Commissioners of the Solid Waste Disposal District.
Those Minutes are being prepared separately.
34
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I
There being no further business, ort Motion duly made,
seconded and carried, the Board adjourned at 9:55 o'clock A.M.
ATTEST:
35
B001< rA,f. JJ