HomeMy WebLinkAbout12/4/1990BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
DECEMBER 4, 1990
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
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 -
3. PLEDGE OF ALLEGIANCE -
Rev. Pete Hill
First Baptist Church
Comm. Gary C. Wheeler
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
1. Comm. Bird added to his items, a petition for release
of easement for Checke-r's Restaurant.
5. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
Minutes of Regular Meeting of 10/23/90
7. CONSENT AGENDA
A. IRC Bid #91-26/Anti-Scalant
(memorandum dated Nov. 27, 1990)
B. IRC Bid #91-27/30,000 Ib. Capacity Trailer
(memorandum dated Nov. 16, 1990)
C. IRC Bid #91-34/Microcomputer
( memorandum dated Nov. 26, 1990 )
D. Approval of Renewal of Certificate of Public
Convenience and Necessity for Indian River County
to Provide EMS Advanced Life Support Service
(memorandum dated Nov. 27, 1990)
DEC 41990
DEC 41990 Boor 8? Far, -L 4G
7. CONSENT AGENDA (cont'd. )
E. New Contract for Required Improvements for
Copeland's Landing Subdivision Phase I
( memorandum dated Nov. 27, 1990 )
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
None
B. PUBLIC HEARINGS
1. Florida Power 8 Light's ( FPL) Request for
Special Exception Approval for a Radio
Transmission Tower
( memorandum dated Nov. 19, 1990 )
2. St. Augustine Episcopal Church's Request
for Conceptual Special Exception for a
Place of Worship
( memorandum dated Nov. 20, 1990 )
3. Evans Properties Inc.'s Request for Special
Exception Use Approval for an Airstrip
( memorandum dated Nov. 27, 1990 )
10. COUNTY ADMINISTRATOR'S MATTERS
A. Discussion of Items Prior to Joint Meeting
(memorandum dated Nov. 28, 1990)
B. Rotary Club Request
( memorandum dated Nov. 21, 1990 )
11. DEPARTMENTAL MATTERS
A. COMMUNITY. DEVELOPMENT
None
B. EMERGENCY SERVICES
None
- C. GENERAL SERVICES
Indian River County Health Clinic Architect
Billing Error
( memorandum dated Nov. 28, 1990)
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
Jail Phase III - Release of Retainage
( memorandum dated Nov. 29, 1990 )
11. DEPARTMENTAL MATTERS (cont'd. )
F. PERSONNEL
RFP Health Care
(memorandum dated Nov. 27, 1990)
G. PUBLIC WORKS
1. I.R. Blvd. Ph. IV R -O -W Purchase -
C. Bobo, Bobo Family, Wm. & Selma Luther,
J. Luther Groves
( memorandum dated Nov. 28, 1990) --
2. Replacement of Wabasso Bridge Fender System
along the Intracoastal Waterway (Bridge #880053)
( memorandum dated Nov. 26, 1990 )
3. Road Resurfacing, FY 90/91 Budget
(memorandum dated Nov. 27, 1990)
4. Blue Cypress Lake Park Operation Agreement
( memorandum dated Nov. 26, 1990 )
5. Final Payment - IRC Proj. # 8827 - 14th St
Canal Dredging
(memorandum dated Nov. 16, 1990)
H. UTILITIES
North County Sewer Contract No. 3, Change Order
No. 5, Quantity Adjustment
(memorandum dated Nov. 19, 1990)
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN CAROLYN K. EGGERT
Economic Development Council Recommendation for
Southern BelI
(memorandum dated Nov. 28, 1990)
B. VICE CHAIRMAN RICHARD N. BIRD
1
C. COMMISSIONER MARGARET C•. BOWMAN
D. COMMISSIONER DON C. SCURLOCK, JR.
E. COMMISSIONER GARY C. WHEELER
DEC 41990. BOOK FADE i
DEC - 41990
14. SPECIAL DISTRICTS
NORTH COUNTY FIRE DISTRICT
None
SOUTH COUNTY FIRE DISTRICT
None
SOLID WASTE DISPOSAL DISTRICT
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.
Tuesday, December 4, 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, DecemlSgr 4,
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 Pete Hill of First Baptist Church gave the invocation,
and Commissioner Wheeler led the Pledge of Allegiance to the
Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Commissioner Bird requested the addition to today's Agenda
of a release of easement for Checkers Restaurant so they can go
ahead and get their building permit.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bird, the Board unanimously added the
above item 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 October 23, 1990. There
were none.
DEC 41990 4, 9,
DEC 41990 BOOK S? PAGE
C� -7
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously approved
the Minutes of the Regular Meeting of 10/23/90, as
written.
CONSENT AGENDA
Commissioner Scurlock requested that Item E be removed from
the Consent Agenda for discussion.
A. IRC Bid #91-26 - Anti-Scalant
The Board reviewed the following memo dated 11/27/90:
DATE: November 27, 1990
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: James E Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servic sIm
FROM: George Wolf, C.P.M., Interim Purchasing Manager
Division of Purchasing
SUBJ: IRC BID #91-26/Anti-Scalant
DT/"T)!RV.%r1MTn _
On request from the Utilities Department, the subject bid was properly
advertised and Twenty -Four (24) Invitations to Bid were sent out. On November
21, 1990 bids were received with Six (6) vendors submitting proposals.
for the cram x1ity.
ANALYSIS:
Staff has reviewed the submittals to ascertain adherence to all specifi-
cations. Ham R/O Systems was the low bidder and met all requirements.
FUNDING: -- _
Monies for this project will come from Utilities Water Account for
Chemicals. Finds available $10,000.00.
RECOMMENDATIONS:
Staff recommends the Award of a Fixed Contract for $4,100.00. to the
low bidder, Harn R/O Systems for the subject bid.
P4
F
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
IRC Bid #91-26 to the low bidder, Harn R/O Systems, as
a fixed contract in the amount of $4,100, as
recommended by staff.
BOARD OF COUNTY COMMISS10NSRS
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Reemmnended Award Barn R/0 Systems, RID
Date +11/26/90
PURCHASING DEPT.
ON
BID TABULATION
Submitted By George Wolf, C.P.H., Interim
PUP.GHASING MANAGER
Bid No. 91-26 Date Of Opening 11/21/90
Bid Bid Title Anti-Scalant
4,100.00
1. Rete RID Svstems
t4,100.00 10 Drums(Polly)
4.
ADD--= Chemicals, IncIR
P.O. Box 879
P.O. Baas 2555
Nokomis, Florida 34274•OB79
Jacks®wille, F1 32203
2. Vero Chemical Distributors
No Bid
5.
Allied Universal Corooratico No Bid
755 20th Place
8350 N.Y. 93rd Street
Vero Beach, F1 32960
Miami, P1 33166
3. Enteryrise Solutions Inc
No Bid
6.
PBS S Cheoaicala No Bid
974 Explorers Cove 6124
250 Central no Pkwy.
AltamonteSprings, n 32701
Orlando, F1 32824
B. IRC Bid #91-27 30,000 Lb Capacity Trailer
The Board reviewed the following memo dated 11/16190:
DATE: November 16, 1990 -
TO: BOARD OF COUN'T'Y COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servic
iA
FROM: George H. Wolf, Interim Purchasing Mara
Division of Purchasing uW
SUBJ: IRC Bid #91-27/30,000 Lb Capacity Trailer
OnOn request from Landfill Division, the subject bid was properly
advertised and Eighteen (18) Invitations to Bid were sent out.
BOOK 84 PAGE 51
DEC 4 1990
BOOK FgE
On October 31, 1990, bids were received with Six (6) vendors
submitting proposals for the comnodity.
ANALYSIS:
Staff has reviewed the submittal to ascertain adherence to speci-
fications. Berggren Equipment was the lowest qualified bidder
that met all requirements. (See attached memo).
FUNDING:
Monies for this project will come from Landfill Miscellaneous
Heavy Equipment Account. Funds available $20,000.00.
RECONZEMATION:
Staff recce mends the Award of a Fixed Contract for $11,137.00
to Berggren Equipment for subject bid.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
IRC Bid #91-27 to Berggren Equipment in the amount of
$11,137, as set out in the above staff recommendation.
BOARD OF COUNTY COMMISSIONERS
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Recommended Award R1
Date -11/1/90
PURCHASING DEPT.
BID TABULATION
sr
2-T-r—M' St$�mitted PURCHASING MANAGER
Bid No. 91-27 Date Of OpeninglO/31/90
Bid Bid Viae 30,000 Ib CapacitY Trailer n/Iiltia6
Flat Deck
1. Johnrm Stw= Boaitment
S10 519.90
4.
Florida Faniament S Service, Inc S12.175.00
4850 Orange Avenue
P.O. Bow 329
Ft Pierce, Fl 34947
Bartow, F1 33830
2. Florida Utility Trailers,'Inc
S11,050.0n
Johnny Brown's, Inc 512,350.00
4948 No Orange Blossom Trail
2455 S. Orange Blossom Trail
Orlando, F1 32810
12703
3. Berggren Emd went Co. ine
$11,137.00
6.
Airvort Hachine s Iron Works 522.800.00
P.O. Box 608
3451- Aviation Blvd
Ft -Pierce, Fl 34954
Vero Beaeh. F1 32960
4
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C. IRC Bid #91-34 -- Microcomputer
The Board reviewed the following memo dated 11/26/90:
DATE: November 26, 1990
T0: HONORABLE BOARD OF COUN'T'Y COMMISSIONERS
THRU: James E Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servic
FROM: George Wolf, C.P.M., Interim Purchasing Manager
Division of Purchasing
SUBJ: IRC BID #91-34/Microcomputer
On request from the Planning Department, the subject bid was properly
advertised and Six (6) Invitations to Bid were sent out. On November
11, 1990 bids were received with Four (4) vendors submitting proposals.
for the commodity.
ANALYSIS:
Staff has reviewed the submittals to ascertain adherence to all'specifi-
cations. Vero Technologies was the low bidder and met all requirements.
FUNDING:
Monies for this project will cane from Planning & Development Office
Furniture & Equipment Account, Code Enforcement Office Furniture &
Equipment Account, & County Planning Office Furniture & Equipment Acct,
Funds available $17,250.00.
AFYY11u7nRr 7n7%rrrnrTo . ..
Staff recommends the Award of a Fixed Contract for $14,249.00 to the
low bidder, Vero Technologies for the subject bid. -
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
IRC Bid #91-34 to Vero Technologies in the amount of
$14,249, as set out in the above staff recommendation.
DEC41990 5 BOOK Ci PAGE Ku
BOAFX OF COUN27COJOUSSIONSSS
Date+ 11/26/90
1840251ASrred. Vemseaeh.rar==960
PURCHASING DEPT.
BID TABULATION. -.
r
Submitted By George Wolf, C.P.H. Inte_-im
• fyly�..�>._.;
FURC»iASING MANAGER
* %r
Bid No. 91-34 Date Of. Openingli/21/90
Recommenced -Award Vero
�l/JRIfl''
14,249.00
Bid TdleHicrocamputer Fgtzipmst
1. eco Technolp i
513.941.00(Comter S 09.00. 1• n c ��0
w
4. Lo International
.
ea^ ��� ,o-�• 305.10 Hub SZ^_ SBO.
Ttl Lump Sum
ILI Imp i
P.O. Box 4316
2801 Ocean Drive, @301
eco Beach. Fl .32964
Vero Beach, Florida
32963
2. Computer b Peripheral
S14,850.00(Comvuter): S315.00(Hub): 515 165.00
Ttl Lump Sum
224 S FHlitary Trail
Deerfield Beach, F1 33442 +
3. Radio Shack
$18,851.74(Comouter)• S521.25(Hub): 519 372.99
1400 One Tandv Cntr
Port swrth, 1. 76102
DEC41990 5 BOOK Ci PAGE Ku
DEC 4 1990 BOOK 82 PAGE
D. Renewal of Certificate of Public Convenience and Necessity
for IRC to Provide EMS Advanced Life Support Service
The Board reviewed the following memo dated 11/27/90:
TO: Board of County Commissioners
FROM: Doug Wright', Director
Emergency Services
DATE: November 27, 1990
SUBJECT: Approval of Renewal of Certificate of Public
Convenience and Necessity for Indian River County to
Provide EMS Advanced Life Support Service
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:
On January 10, 1989, the Indian River County Board of County
Commissioners approved an Emergency Medical Services Certificate
of Public Convenience and Necessity for the County to provide
Advanced Life Support. The Certificate was necessary in order to
apply for an ALS license from the Florida Department of Health and
Rehabilitative Services.
The Certificate was for a period of two years pursuant to the
Indian River County Code of Laws and Ordinances, specifically
Chapter 6.50. The ALS license granted by HRS was also for a period
of two years and it is time to renew both the certificate and
license since both will expire in January, 1991.
ALTERNATIVES AND ANALYSIS:
Staff is in the process of preparing the documentation for renewal
of the HRS EMS license and the renewed EMS Certificate of Public
Convenience and Necessity must accompany the application.
The Indian River County Code provides for routine renewal of the
Certificate of Public Convenience and Necessity on application by
the certificate holder. This can be accomplished without a public
hearing if the Board has no reason to believe that the public
health, safety, and welfare require it. Staff submits that there
is no known reason to hold a public hearing and absent that
requirement, requests the Board to issue and renew the certificate
routinely.
RECOMMENDATION:
Staff respectfully requests that the Board of County Commissioners
approve and renew the EMS ALS Certificate of Public Convenience and
Necessity for a period of two years for Indian River County
authorizing the Chairman to sign the necessary documents for the
issuance of the certificate.
6
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the renewal of the EMS ALS Certificate of Public
Convenience and Necessity for a period of two years for
Indian River County, and authorized the Chairman's
signature on the necessary documents.
CERTIFICATE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
E. New Contract for Required Improvements for Copeland's Landing
Subdivision Phase I
The Board reviewed the following memo dated 11/27/90:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
Robert M. Keats g, AKI P
Community Developmen 4D4rector
THROUGH: Stan Bolingg,,,SAICP
Planning Director
FROM: John W. McCoy Am
Staff Planner, -Current Development
DATE: November 27, 1990
SUBJECT: New Contract for Required Improvements for Copeland's
Landing Subdivision Phase I
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of December 4, 1990.
DESCRIPTION AND INFORMATION:
Copeland's Landing Subdivision Phase I is a 33 lot subdivision
located on the north side of 73rd Street approximately 1000' east
of U.S. Highway 1. On May 26, 1988, the Planning and.. Zoning
Commission approved the preliminary plat for the subdivigion.
The Board of County Commissioners granted final plat approval
December 19, 1989 with the applicant "bonding -out" the subdivision
improvements. Subsequently, the developer has completed most but
not all of the improvements. Presently the County has an unexpired
$200,000 letter of credit securing construction of all the required
improvements; however, the contract for required improvements has
expired. The applicant is requesting to enter into a new contract
(guaranteed by a new letter of credit) rather than have the County
pull the letter of credit guaranteeing the expired contract. The
developer has submitted:
DEC 4 1990 C
7 BOOK PAE
Fr_ -7
DEC 1 9 BOOK 82 FAIJE 5
1. A certified cost estimate for construction of all remaining
required subdivision improvements; and
2. A contract for the construction of the remaining required
improvements:.
The applicant is also in the process of submitting a revised.
locally drawn letter of credit in the amount of $72,000 to
guarantee the new construction contract. This new letter of credit
would replace the letter of credit now held to guarantee the old
contract. This new letter of credit is to be submitted prior to
the Board's consideration of this request.
ANALYSIS:
The applicant's engineer has prepared a certified cost estimate for
the remaining Phase I improvements.,- The County Public Works and
Utilities departments have verified that the submitted certified
cost estimate is adequate to cover the remaining required
subdivision improvements. The submitted contract is based on the
certified estimate. The County Attorney's office has approved the
submitted construction contract as legally acceptable and
sufficient to ensure construction of required improvements. All
applicable requirements regarding "bonding -out" for construction
will be satisfied upon receipt by staff of the referenced letter of
credit. It has been the Board's policy to approve contracts such
as the one being proposed when all of staff's concerns have been
addressed.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners authorize
the chairman to execute the new contract for construction of
remaining required improvements, and accept the letter of credit in
the amount of $72,000 submitted by the applicant to guarantee the
new contract.
Commissioner Scurlock questioned the new contract, and
Community Development Director Robert Keating explained that the
applicant was to have had the letter of credit here by this
morning. However, staff is suggesting that the Board approve
the new contract with the condition that the applicant submits an
acceptable letter of credit before the existing letter of credit
expires December 21st. Apparently, the new letter of credit has
been issued by a bank in Montreal and is in transit to an Orlando
bank, which will then issue a letter of credit. If we do not
have it within a week's time, staff will come back to the Board
with an agenda item to call the bond.
8
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
staff's recommendation as set out in the above memo
with the modification that staff will bring this back
to the Board if the letter of credit is not in place
by the time the existing letter of credit expires.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
PUBLIC HEARING - FPL's REQUEST FOR SPECIAL EXCEPTION APPROVAL FOR
A RADIO TRANSMISSION TOWER
The hour of 9:00 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-
lished In said newspaper In the issues of�i1iI77�fr'J/j
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, fora period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me this_ day of tg
_ r "� t4
(SEAL) -(Clerk of-ttte 6ircvit Court; Indian River County,'. lorlda) - -
9
NOTICE OF PUBLIC HEARING
Notice of hearing to consider the granting of
• special exception approval for a radio transmis-
sion tower. The subject property Is presently
owned byy Florida Power and Ught, and Is to. cared In Section•28, Township 31 S. and Range
39 E. See the attached map for location.
A public hearing at which parties In Interest
and citizens shall have an opportunity to bs
heard, will be held by the Board of County Com-
missioners of Indian River County, Florida, In the
County Commission Chambers of the County
Administration Building, located at 1840 25th .
Street, Vero Beach. Florida on Tuesday. Decem-
bar 4, 1990 at 9:05 a.m.
Anyone who may wish to appeal any decision
which may be made at this meeting will need to
ensure that a verbatim record of the proceed -
Ings is made, which Includes testimony and evi-
dence upon which the appeal Is based.
INDIAN RIVER COUNTY BOARD
OF COUNTY COMMISSIONERS
BY: -s -Carolyn Eggert, Chairman
November 9, 1990 739820
DEC 4 1990
BOOK 82 PAGE 5u" -
The Board reviewed the following memo dated 11/19/90:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
Robert M. Keatig,
Community DeveltpmerW Director
THROUGH: Stan Bolin AICP
Planning Directo
FROM: John W. McCo ` ����
Staff Planners Current Development
DATE: November 19, 1990
SUBJECT: Florida Power and Light's (FPL) Request for Special
Exception Approval for a Radio Transmission Tower
SP -MA -87-12-112
It is requested that the data herein presented be given formal
consideration; by the Board of County Commissioners at its regular
meeting of December 4, 1990.
PROPOSED DEVELOPMENT AND LOCATION:
Florida Power and Light has submitted a request for minor site plan
and special exception approval for a 240' radio transmission tower
located at 8625 55th Avenue. The subject property is zonled IL,
which requires special exception approval for a radio tower. The
tower will provide Florida Power and Light a better ability to
communicate with service trucks within the Indian River County
service area. As this project application was submitted for review
prior to adoption of the new LDRs on September 11, 1990, it is
being reviewed under the old LDRs.
The proposed tower will be 240' in height with a designed fall
radius of 118'. Obtaining a fall radius less than one hundred ten
(110) percent of the height of the tower will be accomplished (and
is permitted in the county's regulations) by designing the tower to
collapse rather than fall intact to any one side.
The Board of County Commissioners is -to approve, approve with
conditions, or deny the special exception use request. Pursuant to
Section 25.3 of the Zoning Code, Regulation of Special Exception
Uses, the Board of County Commissioners is to consider the
appropriateness of the requested use based on the submitted site
plan and the suitability of the site for that use. The County may
attach any conditions and safeguards necessary to mitigate impacts
and to ensure compatibility of the use with the surrounding area.
At its October 25, 1990 meeting the Planning and Zoning Commission
recommended unanimously (5-0), that the Board of County
Commissioners grant special exception approval for FPL's, radio
transmission tower. The minor site plan has been approved by the
Technical Review Committee subject -.to approval of the special
exception use by the Board of County Commissioners. Thus, if the
Board approves the use, the minor site plan will automatically be
in effect.
10
M M M
ANALYSIS:
i. Size of Development Area: 205,777 sq. ft. (overall)
18,860 sq. ft. (area of
development)
2. Zoning Classification: IL (Light Industrial)
3. Land Use Designation: C/I (Commercial/Industrial)
4. Building Area: 192 sq. ft. (accessory shelter)
5. Total Impervious Area: 192 sq. ft. (building only, driveway
and parking are unpaved)
6. Open Space Required: 150
Provided: 910
7. Traffic Circulation: The project will be accessed by means of
a 24' wide stabilized (unpaved) access drive.
S. Off -Street Parking Required: 1 space
Provided: 1 space
Note: the access driveway and parking space will be
stabilized (unpaved) since the tower -constitutes an infrequent
use.
9, Stormwater Management: The Stormwater Management Plan has
been approved by the Public Works Department.
10. Landscape Plan: The landscape plan is in conformance with
Ordinance #84-47 and the special exception landscape screening
criterion.
11. Utilities: The project will not be serviced by water or
wastewater treatment utilities.
12. Dedications & Improvements: Fifty-fifth Avenue is classified
as a subdivision collector which requires 60' of right-of-way.
Presently 55' of right-of-way exists for 55th Avenue, this
will require the dedication of an additional 5' of right-of-
way to bring 55th Avenue up to the minimum local standard.
The applicant has agreed to this dedication requirement.
13. Specific Land Use Criteria - Special Exception: Transmission
Towers [25.1(s)(3))
1. All towers shall have setbacks from all property lines
equal to one hundred ten (110) percent of the height of
the proposed structure. This provision may be waived or
modified upon a recommendation by the director of public
works, based upon the following criteria:
a. The designed fall radius of the tower is depicted
on the site plan and does not impact adjacent uses.
b. A certified, signed and sealed statement from a
Florida registered professional engineer states
that the tower would collapse within the designed
and specified fall radius depicted on the plans.
2. In no case shall the fall radius (one hundred ten (110)
percent of height or other approved design fall radius)
encroach upon existing off-site structures or
residentially zoned property.
3. The distance of any guy anchorage or similar device shall
be at least ten (10) feet from any property line.
11
BOOK 6'� F'A c 3�tl
J
DEC 41990
a- Suitable protective anti -climb fencing and a landscape
planting screening shall be provided and maintained
around the structure and accessory attachments. Where
the first f ifty (50) feet of a tower is visible to the
public, the applicant shall provide one (1) canopy tree
(oak, pine, etc.) per three thousand (3,000) square feet
of the designated fall radius. The trees shall, be
planted in a pattern which will obscure the base area of
the tower, without conflicting with the guy wires or tie
tower.
5. All accessory structures shall be subject to the height
restrictions provided in Section 25(a), height.
exceptions.
6. If more than two hundred twenty (220) voltage is
necessary for the operation of the facility and is
present in a ground grid or in the tower, signs located
every twenty (20) feet and attached to the fence or wall
shall display in large bold letters the following: "HIGH
VOLTAGE -DANGER."
7. No equipment, mobile or immobile, which is not used in
direct support of the transmission or relay facility
shall be stored or parked on the site unless repairs to
the facility are being made. (Applies only on A-1 zoned
property.)
8. No tower shall be permitted to encroach into or through
any established public or private airport approach plan
as provided in the airport height limitations of Section
25(p)•
9. All towers shall submit a conceptual tower lighting plan.
Louvers or shields may be required as necessary to keep
light from shining down on surrounding properties.
Strobe lights must be used unless prohibited by other
agencies.
10. The reviewing body shall consider the impact of the
proposed tower on residential subdivisions near the
project site.
11. All property owners within six hundred (600) feet of the
property boundary shall receive written notice.
The project as proposed meets all the requirements of the
applicable specific land use criteria.
14. Surrounding Land Use and Zoning:
North:
IL/Vacant
South:
CL/Vacant, Residence
East:
IL/Vacant, Residence
West:
IL/Vacant
RECOMMENDATION:
Based on the analysis performed, staff recommends that the Board of
County Commissioners grant special exception approval for a radio
transmission tower with the following condition:
1. Prior to release of the approved site plan, 5' of additional
right-of-way for 55th Avenue shall be dedicated, without
compensation, to the County.
12
M M M
� � r
Chairman Eggert reported that she has been getting phone
calls from people concerned about the strobe lights on the
proposed tower, and Planning Director Stan Boling explained that
while our ordinances call for strobe lights during the day, there
can be red lights at night. There can be a dual lighting system.
Commissioners Wheeler and Scurlock pointed out that from a
pilot's viewpoint, strobe lighting catches the eye Bette- than
red lights.
Chairman Eggert asked if there is some way this tower could
be like the one at Central Assembly of God, and Director Keating
stated that staff will look into it to see if there is a
difference in the intensity of the lights. He recalled that a
year or so ago we went through several meetings on strobe
Lighting, and it was determined that strobe lighting was the best
solution both medically and safety -wise.
The Chairman opened the Public Hearing, and asked if anyone
wished to be heard in this matter.
Bob Tenbus, owner of an aviation business at the airport,
asked if this special exception approval required any FAC permit
and if the exact location of this tower would be 6 or 7 miles
away from the Vero Beach Airport. He recalled that when we
discussed the constrLrction of the tower at the Central Assembly
of God, the Board was going to have staff address an area where
the towers could be concentrated rather than scattered throughout
the county.
Commissioner Scurlock felt the intent at that public hearing
was that whenever possible to have more users use the same tower,
and Director Boling pointed out that while this request is being
considered under the old land use regulations, the Board can add
a condition that they would have to make space for someone else
on the tower.
DEC 4 1990 13
DEC 41990 BOOK 82 PAGE
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously granted
special exception approval to FP&L for a radio
transmission tower with the condition set out in the
above staff recommendation, plus the added condition
that space on the tower be made available to others if
economically feasible and technically possible.
PUBLIC HEARING - ST. AUGUSTINE EPISCOPAL CHURCH'S REQUEST FOR
CONCEPTUAL SPECIAL EXCEPTION APPROVAL FOR A PLACE OF WORSHIP
The hour of 9:00 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-MIAN 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
—.19 A .
a
in the Court, was pub-
fished In said newspaper in the Issues of—A
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published In said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any -discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me th' iNd ay A��0. 19 7�
Business Manager)
(SEAL) -ladia iver_C nty, Florida)
r
"t4my put lle, A%rA 0 P vlet,
t+Kv t ritltrttktlon Er.!>i wa _W -o 29. 19:3
14
NOTICE OF PUBLIC HEARING
Notice of hearing to consider the granting of
special exception approval for a place of wor-
ship. The subject property is presently owned by
Daniel and Rosemarie Hatch, =located located In
Section 18, Township 33 a and Range 39 E. Sea
the attached map for location.
A public hearing at which parties In Interest
and citizens shall have an opportunity to be
heard, will b@ held by the Board of County Com-
missioners of Indian River County, Florida, In the
County Commission Chambers of the County
Administration Building, located at 1940 25th
Street, Vero Beach, Florida on Tuesday. Dacon--
bar 4, 1990 at 9:05 a.m.
Anyone who may wish to appeal any decision
which may be made at this meeting will need to
ensure that a verbatim record of the proceed-
ings Is made, which Includes testimony and evi-
dence upon which the appeal Is based.
INDIAN RIVER COUNTY BOARD
OF COUNTY COMMISSIONERS
BY: -s -Carolyn Eggert, Chairman
November 9, 1990 739818
SUBJECT
S ITE
-�
r—(
•,• %
w n • ,
wl•I• «.•
�)
• tl w w w
NOTICE OF PUBLIC HEARING
Notice of hearing to consider the granting of
special exception approval for a place of wor-
ship. The subject property is presently owned by
Daniel and Rosemarie Hatch, =located located In
Section 18, Township 33 a and Range 39 E. Sea
the attached map for location.
A public hearing at which parties In Interest
and citizens shall have an opportunity to be
heard, will b@ held by the Board of County Com-
missioners of Indian River County, Florida, In the
County Commission Chambers of the County
Administration Building, located at 1940 25th
Street, Vero Beach, Florida on Tuesday. Dacon--
bar 4, 1990 at 9:05 a.m.
Anyone who may wish to appeal any decision
which may be made at this meeting will need to
ensure that a verbatim record of the proceed-
ings Is made, which Includes testimony and evi-
dence upon which the appeal Is based.
INDIAN RIVER COUNTY BOARD
OF COUNTY COMMISSIONERS
BY: -s -Carolyn Eggert, Chairman
November 9, 1990 739818
The Board reviewed the following memo dated 11/20/90:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
Robert M. Keating AIC
Community Developmen � irector
THROUGH: Stan Boling, AICP
Planning Director
FROM: John W. McCoy 4 "'K
Staff Planner, Current Development
DATE: November 20, 1990
SUBJECT: St. Augustine Episcopal Church's Request for Conceptual
Special Exception Approval for a Place of Worship
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of December 4, 1990.
PROPOSED DEVELOPMENT AND LOCATION:
Carter and Associates,. Inc. has submitted an application for
conceptual special exception approval and a conceptual site plan on
behalf of St. Augustine Episcopal Church for a place of worship.
The subject property is located at 475 43rd Avenue, and is zoned
RS -3 which requires special exception approval for a place of
worship. This request was submitted and reviewed under the old
LDRs.
The Board of County Commissioners is to approve, approve with
conditions, or deny the (place of worship) special exception use
request. Pursuant to Section 25.3 of the Zoning Code, Regulation
of Special Exception Uses, the Board of County Commissioners is to
consider the appropriateness of the requested use based on the
submitted conceptual site plan and the suitability of the site for
that use. The Board may attach any conditions and safeguards
necessary to mitigate impacts and to ensure compatibility of the
use with the surrounding area.
The approval steps in the conceptual special exception process are
as follows:
Approval Needed
Special Exception Use
Special Exception Use
Reviewing Body (Action)
Planning and Zoning Commission
(recommendation)
Board of County Commission
(final action taken on
conceptual special exception)
... If Special Exception Use is Approved ...
Final Site Plan
Planning and Zoning Commission
(final action)
At its October 25, 1990 meeting the Planning and Zoning Commission
voted unanimously (5-0) to recommend approval of the special
DEC 4 X990 15 FAc
BOOK 82 PAGE 6
exception request and corresponding conceptual site plan. If the
Board of County Commissioners approves this conceptual special
exception use, the applicant will need to apply for and receive
final site plan approval from the Planning and Zoning Commission.
ANALYSIS:
1. Size of Development Area: 5.58 acres
2. Zoning Classification: RS -3, Residential Single Family (up to
3 units per acre)
3. Land Use Designation: L-1, Low Density Residential (up to 3
units per acre)
4. Building Area: 7,532 square feet (conceptual plan)
5. Total impervious Area: 67,412 square feet (conceptual plan)
6. Open Space Required: 40.0%
Proposed: 74.7%
7. Traffic Circulation: The conceptual plan proposes a two lane
one-way ingress and two lane one-way egress. All specific
design considerations will be addressed in the final site
plan.
The county traffic engineer has verified that the proposed
development will generate less than 100 average daily trips
and that a traffic statement is not required.
8. Off -Street Parking Required: 75 spaces
Provided: 98 spaces
9. Stormwater Management: A conceptual stormwater management
plan has been conditionally approved by the public works
department with the provision that, as* specified by ordinance,
the final site plan address all right-of-way concerns (please
see analysis item #12), right-of-way permit requirements and
drainage requirements of'the stormwater management ordinance.
10. Landscape Plan: - The conceptual landscape plan provides
adequate green areas for the final site plan to meet the
landscape code. The conceptual plan includes Type "B"
screening along the north and south sides, and Type "B"
screening with a 6' wood fence along the west property line,
adjacent to the West Meadows Subdivision. These provisions
meet all applicable requirements.
Environmental planning staff met with the applicant's agent to
determine the extent of native upland vegetative communities
occurring on-site. The project developer shall elect the
method of preservation pursuant to Comprehensive Plan
Conservation Element Policy 6.12 (3.e. on-site preservation,
fee -in -lieu of preservation, or combination of each) that will
be utilized for on-site preservation. The method chosen shall
be indicated and noted on the final site plan. Prior to any
approved site plan release, -the applicant must take the
appropriate action to meet the requirements of the chosen
method of preservation.
11. Utilities: The project will be serviced by County water and
an on-site aerobic treatment unit. These utility provisions
meet the requirements of the Comprehensive Plan Utility
Connection Matrix and have been approved by the County
Utilities Department and Indian River County Public Health
Unit, respectively.
12. Dedications and Improvements: The subject property is located
on 43rd Avenue which is classified as a minor urban arterial
16
M M
roadway requiring 100' of right-of-way. Currently 90' of
right-of-way exists for 43rd Avenue, and compensable
dedication of up to 10' will be required from the subject
property. The applicant is required to work with the Public
Works Department and dedicate right-of-way along 43rd Avenue,
as can be adequately compensated by the County.
13. Specific Land Use Criteria - Special Exception Use:
1. No building or structure shall be located closer than
thirty (30) feet to any property line abutting a
residential use or district.
2. Access shall be from a major thoroughfare or as otherwise
approved by the county engineer.
3. Any accessory residential use or school upon the premises
shall provide such additional lot area as required for
such use by this section and shall further be subject to
all conditions set forth by the reviewing body.
Accessory residential uses may include convents,
monasteries, rectories or parsonages.
4. Type "B" screening, as defined in Section 23.3(g)(7),
shall be provided along all property boundaries when the
facility is located within or adjacent to a residential
district.
The project's conceptual plan meets the applicable special
exception criteria.
14. Surrounding Land Use and Zoning:
North: RS-3/Residential
South: RS-3/Division of Forestry Building
East: RS-6/Residential
West: RS-3/Residential
RECOMMENDATION:
Based on the analysis performed, staff recommends that the Board of
County Commissioners grant approval of the special exception use
and corresponding conceptual site plan with the following
conditions:
1. Prior to release of any approved final site plan:
a. The applicant shall dedicate to the County up to 10' of
additional right-of-way for 43rd Avenue, subject to
compensation.
b. The developer shall either establish a conservation
easement(s) or dedicate funds (fee -in -lieu of
preservation) or a combination of both to meet the
Conservation Element Policy 6.12 (native upland
vegetation set-aside).
DEC 419 . 17 BOOT 8210 PAGE 6115
BOOK 2 L [ y"C
Planning Director Stan Boling noted that staff is
recommending, approval of this special exception with two
conditions: 1) That there is a dedication of right-of-way along
43rd Avenue subject to compensation by the County; and, Z) That
the developer establishes either a conservation easement or
dedicates funds to meet the County's upland set aside policies,
which would be finalized at the time of final site plan approval.
Commissioner Scurlock understood it is our standard policy
that if it is not site related, the County will compensate for
the dedication of right-of-way.
Attorney Vitunac noted that the issue of the first 60 feet
is going to court this Thursday, so it may change again if we
lose. The outcome wouldn't change us paying for it, however.
Commissioner Scurlock felt that if there is an impact from
the site, the court will rule in our favor. It has to be non -site
related; and if there is a special benefit to the property, there
is no question about whether or not the County can require it as
a land use requirement.
Attorney Vitunac confirmed that to be the case, and Director
Keating explained that in addition, there might be circumstances
which would allow additional right-of-way if it is site related;
for example, if signals or turn lanes were needed or if intersection
improvements were needed as the site dictates.
Commissioner Scurlock felt the Commission's goal has been to
pay everyone fairly for what we are taking from them and include
that in our impact fees as a cost of doing business, and the
Board iiiclicated their agreement to that policy.
Chairman Eggert opened the Public Hearing, and asked if
anyone wished to be heard in this matter. There being none, she
closed the Public Hearing.
18
= .e
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously granted
approval of the special exception use and corresponding
conceptual site plan with the conditions set out in
the above staff recommendation.
PUBLIC HEARING - EVANS PROPERTIES INC.'S REQUEST FOR SPECIAL,
EXCEPTION USE APPROVAL FOR AN AIRSTRIP
The hour of 9:00 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
g wuv)
In the matter of 4z'1.1�1
in the t , Court, was pub-
lished In said newspaper in the issues of U !i z4r&
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the -post -office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper. %l
Sworn to and subscribed before me this 1 day/of�IA .D. 19 T/2
(BSi6iness Manager)
(61er"f-the eirettit-6eurt,-Indian Rjver County►, Florida)
(SEAL)
19
DEC 1990
Notice of hearing to consider the granting of
special exception approval for an airstrip. The
subject property Is presently owned by Evans
Properties. Inc. The subject property Is located
approximately 10 miles west of Interstate 95 and
3.5 miles south of State Road 60. The subject
property Is effectively described as:
The east '/4 of Seotlon 30, Township 33 S.
Range 37 E.
A public hearing at which parties In Interest ;
and citizens shall have an opportunity to be
heard, will be held by the Board of County Com-
missioners of Indian River County, Florida, In the
County Commission Chambers of the County
Administration Building, located at 1840 25th
Street, Vero Beach, Florida on Tuesday. Decem-
ber 4, 1990 at 9:05 a.m.
Anyone who may wish to appeal any decision
which may be made at this meeting will need to
ensure that a verbatim record of the proceed -
Ings Is made. which Includes testimony and evi-
dence upon which the appeal Is based.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By: -s -Carolyn K Eggert, Chairman
November 9, 1990 739755
BOOK 8 , F,acE 6`7
I
BOOK 8,Z' P� 6
The Board reviewed the following memo dated 1.1/27/90:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
4Obert M. eats g, A P
Community Developme Director
THROUGH: Stan Boling ,AICP
Planning Director
FROM: Christopher D. Rison 6V( -
Staff Planner, Current Development
DATE: November 27, 1990
SUBJECT: Evans Properties Inc. Is Request for Special Exception Use
Approval for an Airstrip
SP -MI -90-10-63
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of December 4, 1990.
DESCRIPTION AND CONDITIONS:
Evans Properties Inc. has submitted a request for special exception
use approval for an airstrip to be located in the A-1 Zoning
District. The subject airstrip will be located 10 miles west of I-
95, 3.5 miles south of S.R. 60, 2.5 miles north of the Florida
Turnpike. The applicant intends for the airstrip to serve as
auxiliary landing facilities for private crop maintenance aircraft
for the surrounding on-site agricultural grove. This application
has been filed to legally recognize the airstrip which has been
existing on-site for some time.
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 October 25th meeting,
voted unanimously (5-0, two members absent) to recommend that the
Board of County Commissioners grant special exception use approval
for the project.
The Planning and Zoning Commission also granted site plan approval
for the airstrip, subject to the Board granting special exception
use approval.
A complete application was submitted and reviewed prior to the
September adoption of the new land development regulations (LDR's).
Thus, this application has been reviewed, and should be considered,
under what is now the "old" land development regulations.
20
ANALYSIS:
1. Parcel Size: 2,105 acres
2. Zoning Classification: A-11 Agricultural
3. Land Use Designation: AG, Agricultural
4. New Impervious Surface (Airstrip): None - the airstrip will
be grass and not an impervious surface.
5. Open Space Provided: 100% of site
(grove and grass airstrip).
6. Environmental Concerns: As the site is in an— active
agricultural use, it is exempt from the requirenCent to
preserve on-site native vegetation. No additional clearing is
proposed.
7. Traffic Circulation: No formal roadways are proposed.
Existing grove access roads will be used.
8. Stormwater Management: No Indian River County Stormwater
Permit is required. The airstrip falls under the
classification of the grove's St. Johns Water Management
District Permit for the grove as a whole; no permits are
required.
9. Specific Land Use Criteria - Special Exception Use: Airports
and airstrips. [25.1(r)(1)]
1. Evidence shall be furnished of the acquisition of
property rights over all land at the ends of all runways
where the required glide path of aircraft, for the class
of the airport, is thirty-five (35) feet or less
elevation from the ground. '
2. All buildings and structures shall be at least thirty
(30) feet from the property line.
3. All airport drives and parking areas shall have a paved
surface pursuant to Section 24(f)(1) or (2). This shall
not apply to airstrips.
4. All applicable FAA and state regulations shall be met.
5. Letters from appropriate fire and rescue agencies shall
be submitted ensuring that protective services can be
provided at an adequate level.
In staff's opinion, the project as proposed conforms with the
requirements outlined in the applicable land use criteria.
Pursuant to ordinance requirements, any and all FAA and FDOT
permits, approvals or exemptions shall be obtained prior to
site plan release.
10. Surrounding Land Use and Zoning:
North: A-1, Agriculture/Active Agricultural Grove
South: A-1, Agriculture/Active Agricultural Grove
East: A-1, Agriculture/Active Agricultural Grove
West: A-1, Agriculture/Active Agricultural Grove
RECOMMENDATION:
Staff recommends the Board of County Commissioners grant special
exception use approval for the existing airstrip.
,SEC
soar,
b�
Chairman Eggert understood that
fuel was not going
to
be
used at this site, and Planning Director Stan Boling confirmed
that fueling would be done at another location.
Chairman Eggert opened the Public Hearing, and asked if
anyone wished to be heard in this matter. There being none, she
closed the Public Hearing.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously granted
special exception use approval for the existing
airstrip, as recommended by staff.
DISCUSSION OF ITEMS PRIOR TO JOINT MEETING WITH SEBASTIAN CITY
COUNCIL
The Board reviewed the following memo dated 11/28/90:
TO: Board of County Commissioners DATE: November 28, 1990 FILE:
SUBJECT: DISCUSSION OF ITEMS
PRIOR TO JOINT MEETING
FRO :James E. Chandler REFERENCES:
'County Administrator
The meeting with the City of Sebastian is scheduled for Wednesday, December
5, 1990 at 7:00 p.m. As you are aware the city requested discussion of five
items at that meeting. Prior to the meeting, I believe it may be helpful to
- provide the Board with a status report on three of the items. As a result,
at our regular meeting Tuesday, staff will provide -a general update of the
following-.--
1)
ollowing:
1) Indian River Drive maintenance and current tree removal
project;
2) Recreation programming for the Barber Street Complex; and
3) CR512 improvements as they relate to U.S. #1, Barber
Street and bicycle paths.
22
Administrator Chandler gave a brief update on the subjects
proposed for discussion.
Chairman Eggert advised that there is another item on the
airport that did not get on the Agenda in time.
Discussion ensued regarding the proposed split pair design
of CR -512 and the probable closing of two railroad crossings, and
Commissioner Wheeler felt that the Roseland crossing has caused
the majority of concern.
Commissioner Scurlock asked if there is anything else we can
do to keep from giving up two crossings to get one new one, and
Public Works Director Jim Davis advised that any further adminis-
trative process would be very laborious and lengthy and would
stifle construction.
Administrator Chandler emphasized that the feeling is that
if we went through that lengthy process, we would not prevail.
Commissioner Wheeler asked what it would cost us in time and
money to pursue administrative hearings, and Director Davis
estimated that it would take $75,000 and six months time.
ROTARY CLUB REQUEST
The Board reviewed the following memo dated 11/21/90:
TO: Board of County Commissioners DATE: November 21, 1990 FILE:
THRU: James E. Chandler V�
County Administrator/
SUBJECT: ROTARY CLUB REQUEST
FROM: RanAssay ooCounty AdministratoPEFERENCES:
BACKGROUND
The Rotary Club of Vero Beach
- Sunrise
is planning a 100
mile, 3 -lap
bicycle race for Saturday, April 6,
1991 from
7:00 a.m. to 11:00
a.m. within
DEC 4 1990
23
PI1Q
F'E
DEC 4 199®
BOOK F'�i.GEr
the City of Vero Beach, the Town of Indian River Shores, and the
unincorporated area. This first annual bicycle race is sanctioned by the
United States Cycling Federation and the National Governing Body of
Bicycling. Approximately 175 participants and 125 volunteer workers are
expected.
The Rotary Club has contacted and received cooperation from the City of
Vero Beach, Florida East Coast Railway Company, Florida Department of
Transportation and the Indian River County Sheriff's and Emergency Services
Departments. The Rotary Club has also met the County's insurance
requirements.
The Sheriff's Department has indicated that they will have sufficient
manpower, barricades, automobiles, and access to traffic signals to handle
this race safely and with minimal traffic interruptions.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the Rotary
Club using certain County rights-of-way for a portion of their bicycle race
and waive the right-of-way permit fee.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the Rotary Club's request to use certain County
rights-of-way for a portion of their bicycle race
and waived the right-of-way permit fee.
(REQUEST FOR TEMPORARY CLOSING OF SR FOR DOLE CITRUS SUNRISE BICYCLE CLASSIC
TO BE HELD 4/6/91 ON FILE IN OFFICE OF CLERK TO THE BOARD)
IRC COUNTY HEALTH CLINIC - ARCHITECT BILLING ERROR
The Board reviewed the following memo dated 11/28/90:
DATE: NOVEMBER 28, 1990
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERV S
SUBJECT: INDIAN RIVER COUNTY HEALTH CLINIC
ARCHITECT BILLING ERROR
BACKGROUND:
In May of this year Lemuel Ramos and Associates, Inc., architect for
the subject project, sent a bill to the County for services rendered.
Payment was recommended by staff and approved by the Board as per the
statement. Before payment was made in full, staff requested a
verification of the Landscape services. An error was further
discovered in the calculations made by the architect, which resulted
in under payment of $1,218.75. Since, this additional monies were
not authorized in the meeting of June 29, 1990, they could not be
paid on request.
24
ANALYSIS:
On November 12, 1990, Lemuel Ramos wrote a request for payment of the
$1,218.75.
RECOMMENDATIONS•
Staff recommends payment of $1,218.75 since the services have been
received.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
payment of $1,218.75 to Lemuel Ramos, as recommended
by staff in the above memo.
IRC COUNTY JAIL- PHASE III - RELEASE OF RETAINAGE
The Board reviewed the following memo dated 11/29/90:
TO: Members of the Board
of County Commissioners
DATE: November 29, 1990
SUBJECT: JAIL PHASE III - RELEASE OF RETAINAGE
FROM: Joseph A. Baird
OMB Director
DESCRIPTION AND CONDITIONS
Jail Phase III contractor, Robert F. Wilson, Inc., in payment request # 11 for $421,864.00
is requesting $84,616.00 in retainage be released for the kitchen equipment. The kitchen
has been in operation for two months.
The architect and contract manager have reviewed the request and concur.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the release of the
$84,616.00 retainage.
C 41990
25
BOOK FAuG r
r �
DEC 41990 BOOK 82 FAG -L i
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bird, the Board unanimously approved
the release of $84,616 retainage in kitchen equipment
to Robert F. Wilson, Inc., as recommended by staff.
RFP HEALTH CARE
The Board reviewed the following memo dated 11/27/90:
To: James Chandler, Date: November 27, 1990
County Administrator
From: Jack Price, PersonnelP a Sub: RFP Health Care
There has been an ongoing concern about the costs of our insurance
programs. The areas of Worker's Compensation and General Liability
are less troublesome now because of the Self Insurance Ordinance
approved by the Board of County Commissioners this year and the
excellent work being done by Risk Manager Beth Jordan and her
staff.
The need now is to address the health care program with regard to
benefits design and costs. Please recommend -the attached Request
for Proposals to the Board of County Commissioners for approval.
Funds for this project were budgeted for this fiscal year.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the Request for Proposal for a consultant to address
the County employees' health care program with regard
to benefits design and costs, as recommended in the
above staff recommendation.
INDIAN --RIVER BOULEVARD - PHASE IV - RIGHT-OF-WAY PURCHASE - C.
BOBO, BOBO FAMILY, WILLIAM 8 SELMA LUTHER, J. LUTHER GROVES
The Board reviewed the following memo dated 11/28/90:
26
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.,
Public Works Director(2?�
,Q,�
FROM: Terry B. Thompson, P.E.Q'�
Capital Projects Manager
SUBJECT: Indian River Boulevard Phase IV
Right-of-way Purchase -
C. Bobo, Bobo Family, William & Selma Luther,
J. Luther Groves
DATE: November 28, 1990 FILE: irbiv.agn
DESCRIPTION AND CONDITIONS
The purchase prices authorized by the Board on November 1,
1989 for the parcels currently under consideration are as
follows:
C. Bobo
4.051 acres for Indian River Boulevard $247,402
Attorney Fee 4,948
William & Selma Luther
4.281 acres for Indian River Boulevard $150,000
Attorney Fee 6,000
J. Luther Groves
.417 acres for Indian River Boulevard $ 18,006
Following the Board's November 1 authorization, the property
owners requested changes to the County's plans to provide
for drainage, irrigation, access and mitigative incidentals.
The County consultant, County staff and the.property owners'
consultant have refined the design to the satisfaction of
the property owners.
Revised contracts are being prepared at this time for the
purchase of these parcels. The purchase price has been
increased by Zo per month since the November 1984 Board
approval and attorney's fees revised. The revised cost
breakdowns, listed below, include adjustments to the
right-of-way acreage, purchase of citrus trees in temporary
construction easements, attorney fees and miscellaneous
closing costs.
C. Bobo
.047 acres for Indian River Boulevard $ 3,055.17
Recording Expenses 48.70
Attorney Fee 183.31
Title Insurance 186.00
Temporary Construction Easement 250.00
Contingency/Severance Damages 100.00
Total $ 3,823.18
Bobo Family
4.105 acres for Indian River Boulevard $ 267,314.09
Recording Expenses 1,563.85
Attorney Fee 16,038.85
Title Insurance 1,412.00
Temporary Construction Easement 3,300.00
Contingency/Severance Damages 5,000.00
Total $ 294,628.79
DEC 4 1990 27 MOK ��
D E C 4 1990
NOOK F',1GE
Page two
William & Selma Luther
4.15 acres (3.09 acres for
Indian River Boulevard and
1.06 acres for 53rd Street)
Recording Expenses
Attorney Fee
Title Insurance
Contingency/Severance Damages
Total
J. Luther Groves
.88 acres for 53rd Street
Recording Expenses
Attorney Fee
Title Insurance
Contingency/Severance Damages
Total
$ 154,861.59
871.45
6,194.46
849.50
3,000.00
$ 165,777.00
$ 40,454.68
233.25
1,618.19
232.88
800.00
$ 43,339.00
A contingency item has been included for each parcel because
closing documents have not been finalized as of this date.
Staff requests 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 the County pay these
engineering fees. Final invoices for engineering fees have
not been received from Carter Associates. The estimated
final cost of engineering services is as follows:
C. Bobo $ 2,504.18
William & Selma Luther $ 3,014.75
Subtotal $ 5,518.93
10% Contingency 551.89
Total 6,070.82
Staff requests that the Board authorize ,payment of the
actual cost of engineering services rendered up to a maximum
total cost of $6,070.82.
RECOMMENDATIONS AND FUNDING
Staff requests authorization for the Chairman of the Board
of County Commissioners to execute Contracts to purchase
parcels from C. Bobo, William & Selma Luther and J. Luther
Groves.
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.
28
M
Public Works Director Jim Davis advised that after the
acquisition of these two parcels for Phase IV of the Boulevard,
there is only one more.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the purchase of parcels from C. Bobo, William Selma
Luther and J. Luther Groves, as set out in the above
staff recommendation.
CONTRACTS OF SALE WILL BE PLACED ON FILE IN THE OFFICEOF THE
CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED ( %?%�rWrL�/�
REPLACEMENT OF WABASSO BRIDGE FENDER SYSTEM ALONG THE INTRACOASTAL
WATGRWAV
The Board reviewed the following memo dated 11/26/90:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E., Wl
Public Works Director /
SUBJECT: Replacement of Wabasso Bridge Fender System along
the Intracoastal Waterway JBridge # 880053)
DATE: November 26, 1990 FILE: wabasso.agn
DESCRIPTION AND CONDITIONS
Staff attended a recent Florida DOT Bridge Inspection
meeting, and the DOT's Bridge Consultant, Parsons,
Brinckerhoff, Quade and Douglas, Inc., is recommending major
repairs to the Wabasso Causeway High Level bridge including:
1) Patch corner spall on Pile "B" of Bent 18 under the
Cap.
2) Fill voids in Pier 3 footing and remove all loose
concrete from the footing of Pier 15 and patch spall.
3) Remove debris from cap tops.
4) Tighten all nuts in bearing assemblies. Re -paint
bearing assemblies and bearing hardware.
5) Patch beams as required.
6) Seal expansion joints.
7) Seal cracks in underside of the sidewalks.
8 Patch spalls in north parapet.
9) Replace entire fender system.
10) Replace navigational lights.
11) Repaint utility hangers and pipe.
12) Concrete bulkhead repair/replacement.
DEC 41990 29 600K S20 FAGE �'
BOOP( K,
F� GE
The estimated cost of the repairs is $300,000. The County
Road and Bridge Division does not have the equipment needed
to conduct this repair work. Staff has contacted the DOT
District IV Bridge Division (Mr. Ralph Level) and a list of
DOT approved contractors is available for County use.
The more costly items are replacement of the timber fender
system protecting the bridge piers and painting the utility
lines on the bridge. The Johns' Island Country Club owns
the water line attached to the bridge.
Public Emergency
The need for replacement of the entire fender system
places the bridge at risk; therefore, time is a
critical factor.
ALTERNATIVES AND ANALYSIS
The Road and Bridge Division has $700,000 budgeted in the
1990/91 budget for bridge improvements. These funds are to
replace the 20th Avenue bridge over the South Relief Canal
and the 43rd Avenue Bridge over the Main Relief Canal,.
Design is complete to replace the 20th Avenue Bridge. The
Wabasso Causeway Bridge repair work is necessary and should
be done as soon as possible. The following alternatives are
presented:
Alternative No. 1
The firm that originally designed the Wabasso Causeway
bridge is Post, Buckley, Schuh, and Jernigan, Inc.,
Miami, FL. This firm can prepare plans and
specifications for bidding the repair work. Staff has
requested a fee proposal for this firm to furnish the
County plans(using timber and/or concrete piling) and
specifications to accomplish bidding the work.
A Contract between Indian River County and Post,
Buckley, Schuh, and Jernigan, Inc. would be submitted
to the Board of County Commissioners for consideration
at a future date. Funds for engineering are budgeted
in Road and Bridge Fund 111-214(1990/91 FY Budget).
Once bidding is complete, we can assess our funding and
reconsider whether the 43rd Avenue bridge be replaced
this year or delay it until FY91/92. Staff also
suggests contacting the owner of the water main to
request funding for painting the pipe and hangers.
Alternative No. 2
Advertise for consultants and competitively select an
engineering firm to perform the work of preparing plans
and specifications for bidding. This will delay the
work by approximately two months and may result in a
firm not familiar with the bridge designing repair
work.
AND FUNDING
Alternative No. 1 is recommended whereby a proposal from
Post, Buckley, Schuh, and Jernigan, Inc. is obtained to
prepare plans and specifications for the repair work. An
engineering services contract will be prepared and placed on
a future Board meeting agenda for formal approval.
30
Commissioner Scurlock explained that there has been on-going
dialogue in terms of the reuse line that is privately owned by
Lost Tree and John's Island Country Club to try to legitimize
that particular situation. A former mayor of Indian River Shores
permitted that line when it was a State bridge without any
involvement of the County, and it has come to our attention that
this project poses some difficulty with the County in terms of
liability and maintenance. What will come out of all of this is
a permit issued by the County that legitimizes this, establishes
insurance requirements and procedures to work on the right-of-way,
etc., so that both the Club and the County are protected.
Darrell McQueen, local engineer, advised that just yesterday
drawings for the as-builts were given to the Club and the Club's
attorney along with an application for a permit to construct a
non -franchise utility in public rights-of-way. After they have
reviewed the drawings and application, the application will be
submitted. In addition, their contract with the Club includes
looking at the capacity of the well field, the capacity of the
line, and the condition of all of them, and give recommendations
on that. One recommendation will be to paint the line. The line
has been in there close to 20 years, and was put in when the
bridge was built. They also will be looking for leaks at some of
the joints on the lines. There is some slippage in the bridge,
and they will be looking at that to see if any adjustment needs
to be done to the pipes. Mr. McQueen advised that part of that
line was put under pressure about 6 years ago. Up until then,
the only pressure was the water moving through the line.
Presently, it operates under a pressure of about 65 psi, and they
will be looking at the possibility of taking that off of a
pressure system and letting it go back to a home demand. One of
the key benefits to that is that in the event of a line breakage
in the road, any leakage wouldn't go completely undetected until
someone saw
the undermining of the road.
They will be
looking
at
® C
q �y
4 IJ
31
[dUC�K
f,i
DEC, 41990 BOOK 8 2 PAGE S'
that as one alternative of limiting the liability of the utility
owner. Mr. McQueen advised that he has proof of insurance that
will come through with the permit. The Club has $1 -million in
insurance, an aggregate of $2 -million for additional work, and an
umbrella of $10 -million, which he felt the Club members might
want to increase.
Chairman Eggert asked what the umbrella should be increased
to, and Mr. McQueen felt that increasing it to $15 -million would
be reasonable.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
Alternative No. 1 to obtain a proposal from Post,
Buckley, Schuh, and Jernigan, Inc. to prepare plans
and specifications for the repair work, as set out
in the above staff recommendation.
ROAD RESURFACING - FY 90/91 BUDGET
The Board reviewed the following memos dated 11/27/90 and
11/7/90:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,,
Public Works Directo
SUBJECT: Road Resurfacing
FY 90/91 Budget
DATE: November 27, 1990
DESCRIPTION AND CONDITIONS
The Road and Bridge Division FY 90/91 Budget (Fund 111-214)
has $470,000 programmed for road paving materials which is
historically used for widening and resurfacing of County
roads. At the present time, the attached partial list of
resurfacing projects is being recommended for approval.
ALTERNATIVES AND ANALYSIS
The attached list is recommended for widening and
rmsurfacing at this time due to their deteriorated condition
32
and need for widening. The Alternatives defined are as
follows:
Alternative No. 1
Approve the attached list of road widening and
resurfacing projects to be funded by budgeted
Road and Bridge Division Operating Costs.
Alternative No. 2
Not approve the attached list.
RECOMUMDATIONS AND FUNDING
Alternative No. 1 is recommended whereby the Road and Bridge
Division list of resurfacing projects be approved.
November 7, 1990
TO: James W. Davis, Director
Public Works Department
FROM: Albert L. Van Auken, Supt.O.,
Road & Bridge Division
v:
SUBJECT: Resurfacing
The following is a list of roads I wish to resurface and
where possible I have indicated the width I feel it can be
widened.
49th St
58 Ave - 43
Ave t
1.0 Miles
22' wide to
30' wide
Limerock 1584
Tons $11,230.00
Asphalt
1320
Tons $39,547.00
$50,777.00
8th St
20 Ave - 10
Ave
.8 Miles
20' wide to
24' wide
Limerock 704
Tons $ 4,9.91.00
Asphalt
845
Tons $25,316.00
$30,307.00
CR 512 **
108 Ave -West
side Seb. Jr. High
1.3 Miles
24' wide to
30' wide
Limerock
1602
Tons $11,358.00
Asphalt
1716
Tons $51,411.00
$62,769.00
26 Ct.
6 St. - Cul
D Sac
Laurelwood
S/D
Asphalt
62
Tons $ 1,858.00
$ 1,858.00
4
CR 512
Fellsmere City
Limits West
Misc. Patching
$3,000.00
$ 3,000.00
TOTAL
$148,711.00
33
E�OOK "� Fr1u� U�
DEC 4 1990,
BOOK 89, FA'UL tum
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
Alternative No. 1, approving the Road and Bridge
Division list of resurfacing projects, as set out in
the above staff recommendation.
CYPRESS LAKE PARK OPERATION AGREEMENT
The Board reviewed the following memo dated 11/26/90:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.;
Public Works Director
SUBJECT: Blue Cypress Lake Park Operation Agreement
DATE: November 26, 1990 FILE: blcypr.agn
DESCRIPTION AND CONDITIONS
The January 2, 1985 Blue Cypress Lake Park Operating
Agreement between Indian River County and Joneal Middleton
has expired. To provide for continued maintenance and
operation of the Park, the attached agreement is proposed.
The Public Works Department staff has requested comments
from various County Department and has updated insurance
requirements, added a user fee clause, and has included
comments by the Utility Services Department.
ALTERNATIVES AND ANALYSIS
The Alternatives are as follows:
Alternative No. 1
Approved the attached agreement and authorize the
Chairman to execute it on behalf of the County, subject
to any changes the Board may suggest.
Alternative No. 2
Provide staff with alternate policy. '
RECOMMENDATIONS AND FUNDING
Alternative No. 1 is recommended. No .funding considerations
are pertinent.
34
Commissioner Bird wished to make a minor change in paragraph
2-d of the agreement. He felt that should be worded to maintain
and make minor repairs on County equipment as opposed to major
repairs.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously
approved the Operation Agreement with Joneal
Middleton, with the modification to paragraph 2-d
suggested by Commissioner Bird.
Discussion ensued regarding establishing a fee structure in
order to get some benefit from non -county residents using the
park, and Commissioner Scurlock felt that user fees could alleviate
the pressure on the Parks 6 Recreation annual budget.
It was suggested that the road be made a toll road since 650
of the people using that road are not -county residents.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
FINAL PAYMENT - 14TH STREET CANAL DREDGING
The Board reviewed the following memo dated 11/16/90:
----------------------------------------------------------------
TO: James Chandler
County Administrator 0
THROUGH: James W. Davis, P.E u-�
Public Works Director
Roger D. Cain, P.E.
County Engineer
andC"�
Michelle A. Gentile CET
Civil Engineer
FROM: Ruben F. Trejo II�
Engineering Technician
SUBJECT: Final Payment - Indian River County Project No. 8827
14th Street Canal Dredging
DATE: November 16, 1990
--------------------------------------------------------------
DESCRIPTION AND CONDITIONS
The work for the maintenance dredging of the 14th Street Canal
and Indian River channel, County Project No. 8827 was completed
as -of --November 6, 1990.
35
1
!^ .f �
P®OK F'gE e
®®e �I
DEC 41990 ga0K .. PAGE S11
On Tuesday, November 12, 1990, Mr. Wally Bailey, the contractor
was notified that the work performed by his company, under the
Contract for County Project No. 8827 had been inspected and found
to be complete and satisfactory by the Public Works/Engineering
Department.
At this time the contractor is requesting final payment in the
amount of $18,650.00, this figure represents the remainder due
under the contract, per the terms of the contract, 50% of the
total of $37,300.00 was paid by Indian River County upon
completion of 500 of the total work.
RECOMMENDATION AND FUNDING
Based -on the findings by the Public Works/Engineering Department,
after conducting continuous inspections and monitoring of the
work being performed during construction and confirmed by the
final inspection, this department recommends that final payment
be made to the contractor in the amount of $18,650.00.
Funding to be from Account No. 004-210-572-033.49.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
final payment to Wally Bailey Dredging in the amount of
$18,650, as set out in the above staff recommendation.
NORTH COUNTY SEWER CONTRACT NO. 3 - CHANGE ORDER NO. 5, QUANTITY
ADJUSTMENT
DATE:
The Board reviewed the following memo dated 11/19/90:
NOVEMBER 19, 1990
TO:
JAMES E. CHANDLER
COUNTY ADMINISTRAT
FROM:
TERRANCE G. PINT
DIRECTOR OF UTI T SERVICES
STAFFED AND
PREPARED BY:
WILLIAM F. MC
CAPITAL PR NGINEER
DEPARTME ILITY SERVICES
SUBJECT:
NORTH COUNTY SEWER CONTRACT NO.
QUANTITY ADJUSTMENT
IRC PROJECT NO. US87-27-CCS
BACKGROUND:
3, CHANGE ORDER NO. 5,
Contract No. 3 of the North County Sewer Project has now reached
substantial completion. To expedite the closing out of this project,
we are now bringing a quantity adjustment change order to the Board
sof County Commissioners for approval.
36
ANALYSIS:
The currently approved contract price is $3,431,283.30; this quantity
adjustment (Change Order No. 5) drops the contract price by
$16,602.21, to $3,414,681.09. Please see the attached Change Order
No. 5.
RECOMMENDATION:
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached Change Order No. 5
with the contractor, Utility Systems of America.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved _
Change Order No. 5 with Utility Systems of America, as
set out in the above staff recommendation.
CHANGE ORDER NO. 5 IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
ECONOMIC DEVELOPMENT COUNCIL RECOMMENDATION FOR SOUTHERN BELL
The Board reviewed the following memo dated 11/28/90:
TO: Board of County DATE: November 28, 1990 FILE:
Commissioners
SUBJECT: Resolution for
Southern Bell
FROM:Carolyn K. Eggert REFERENCES:
Chairman
On September 25, 1990, the Economic Development Council
heard a presentation by Sid Poe of Southern Bell's involvement
with advanced telecommunications technology, At that time he
requested that the County support Southern Bell with a
resolution.
At the November 8th meeting of the Economic Development
Council, a motion was passed, with a 5 to 4 vote, to recommend to
the Board of County Commissioners that this resolution be
adopted. Enclosed you will find a resolution that I would like
the Board to consider for adoption.
DEC 4 1990 37 Boor. ; FguL�
I
IDEG 4 1990 BOOK 82 PAGE v`
Chairman Eggert introduced Sid Poe, a representative of
Southern Bell, who urged the Board to adopt the following
proposed resolution in favor of lifting the antitrust
restrictions on the Bell companies.
RESOLUTION OF SUPPORT FOR FULL PARTICIPATION OF AMERICAN INDUSTRY
IN THE PROVISION OF TELECOMMUNICATIONS EQUIPMENT AND SERVICE
WHEREAS, more competition in the telephone equipment marketplace will
benefit cities through lower prices, and
( &counties )
WHEREAS, allowing the Bell Operating Companies to manufacture telephone
equipment may increase domestic jobs in our cities, and
( & counties)
WHEREAS, freeing the Bell Operating Companies from the information
services restrictions will increase the availability of new and
innovative services to serve our citizens, and
AND WHEREAS, permitting the Bell Operating Companies to provide a
full -range of information services will increase the availability of
educational resources via communications for the schools in our
counties.
NOW, THEREFORE, BE IT RESOLVED BY
1. That the elected representatives of our citizens determine the
national telecommunications policy of the land.
2. That Congress pass legislation that would lift the restrictions on
the Bell Operating Companies in manufacturing and information services,
with proper safeguards to ensure fair and open competition by all.
3. That this resolution be sent to the Florida congressional
delegation signed by the
Four Reasons Why the M1l:J Lin** of Business Restrictions
.
Shbuld 5e Lift0a rom the 9611 R89-135al-Holding om -ari e•
P.
The national interest would by beet served by Congrses
lifting the MFJ's lines of business restrictions which prohibit
the Bell Reqional Holding Companies (RRCs) from providing
information and interexchange service and engaoing in
manufacturinq.
1) National telecommunications policy. today is set, by
default; by the Federal Court: usino antitrust law as
its quidepost:. "a Congress has the responsibility to
set policy and should do so using the public interest
as its guide.
2) American consumers of telecommunications and information
services do not have access to a fully competitive
marketplace, i.e., the lowest: prices and the widest range
of products and services. The RHCs, represent two-thirds
of the U.S. telecommunications industry assets, but are
restricted from fully participating in the marketplace to
the detriment of competition and innovation. knother
detrimental effect. is that American consumers are fallinq
behind their counterparts in France and Javan in the
availability of information services.
38
3) The manufacturing restrictions have opened the U.S.
market to for'eign-based firms, which have taken full
advantage of the RHCs' absence. The telecommunications
equipment trade balance has deteriorated from a surplus
of $275 M in 1982, to a deficit of S2.6 A in 1987. our
current. national policy protects many latae companies,
including foreion-based firms, from full competition in
domestic markets. Current policy prevents American firms
from competing in America for American consumers.
4) The manufacturing restrictions Also extend to R&D, where
RHCs may not. commercialize R&D results. The bottom line
is that without some war to realize a return on R&D, the
RHCs have li.t t.le incentive to make needed investments.
Thus, the U.S. has about_70% of its economic resources in
telecommunications doing little or no R&D, while
America's technoloaicai and economic leadership in the
world declines.
MODIFICATION OF FINAL JUDGMENT (MFJ) RZ8TRICT20NSt
IT'S TIME TO LET OP
1. American consumers erre being denied the full benefits of the
Information Age because the Bell holding companies are
prohibited by MFJ from offering vital services.
--Countries such as France are taking the lead in high tech
information services, over 8800 information services are
available to over four million households in France.
2. America's international trade position is being seriously
harmed by MFJ restrictions.
--In 1952, America boasted a $580 million trade surplus in
telecommunications, products and service@. By the end of 1988,
this had changed to a trade deficit of almost $2 billion. The
U. S. Commerce Department estimates this deficit could grow to
over $7 billion by 1995.
--A German company, Siemens Corporation, has become the largest
manufacturer of PBX telecommunications terminal equipment. in
the world.
--The largest total telecommunications company in the world is
Nippon Telephone and Telegraph, a Japanese corporation.
3. The MFJ restrictions severely discourage research and
development by the Bell holding companies because the companies
cannot profit from the results of their research.
--At the and of 1987 foreigners were receiving almost half of
the U. S. patents awarded, a dramatic change from 1980 when
only 36% of the patents were awarded to foreigners.
4. Consumer protection safeguards are now stronger than ever.
--Regulatory safeguards, and competition are effective
protections against potentially anticompetitive activities.
The seven Bell holding companies already compete against each
other in a number of businesses including yellow pages
directory sales and cellular services.
DEC 41990 39
DEC 41990
BOOK 82 FA.GE E`S2
5. An independent survey of more than 24,000 American voters
reveals overwhelming support for the removal of certain
Competitive restrictions on the nation's regional
telecommunications companies. .
74 'per -cent say that the seven companies should be allowed to
—
compete with the companies that. now offer long-distance
calling.
-78 percent say the seven companies should be permitted
to provide new information services.
-79 percent of all voters believe the companies should be
allowed to -compete in the telephone product market presently
offs -limits to them.
-74 percent believe that allowing the seven companies
to compete inthe telephone equipment marketplace
would st.r•engt.hen the U. S. in terms of high technology
--mnAt itiveness. e.saecialiv in 1ighi. of foreign competition.
Congress has the responsibility to set the national
telecommunications agenda, and can do a better job than.the court,
because it has a broad, national persoective, wbi.let the court is
limited to antitrust mat.t:era. The gteat majority Of those who
oppose lift.ina the restrictions benefit from the restrictions
beinq in place and do not want additional competition, thus
putting their respective market shares at risk. Some of these
markets, especially in manufacturinq, are dominated by foreign-
based firms. The American economy and consumers are paying for
.this protectionist policy. Convress must recognize the difference
between a national policy that protects existing markets from full
competition and a national policy that bringe about the areatest
good for all.
Mr. Poe explained that Southern Bell, along with the other
22 regional Bell companies in the nation, are hoping to change
"the modification of final judgment" made in 1982 that restricts
them from originating information, selling telecommunications
equipment and providing long-distance services. As a result of
the antitrust ruling, Southern Bell had to cut back its employee
force from 25,000 in 1980 to 19,000 in 1990 and are now in a
position where they cannot expand business because of the
restrictions. Mr. Poe stressed that the antitrust settlement is
just another example why the United States is losing business to
Japanese and European competitors. The Bell companies are
proposing that Congress again take over control of telecommun-
ications in this country.
40
Commissioner Bird felt it was difficult for him to sit here
today, after all the research that went into this 12 years ago,
and vote for a resolution that would tell Congress to lift the
restrictions. He realized that Mr. Poe is a conscientious, civic
minded person who works hard for his company here in Vero Beach,
which is good for our community, but he feels uncomfortable in
determining whether or not these restrictions should be lifted.
Commissioner Scurlock concurred.
Bud Kleckner, 700 Holly Road, requested that the fol -lowing
letter be made a part of the record:
Zar- Ho l I v Fwd
Vero Beach, FL. 32963 1,L�29303�
December 3, 1990
� RDPc 1990
The Honorable Carolyn Eggert M FG`Jr4
Chairman of the Board of County Commissioners v�0
N �'�
Indian River County Administration Building �MMp
1840 25th Street
Vero Beach, FL. 32960 8�11915ti��
Re: Proposed resolution regarding restrictions on Regional
Telephone Companies.
Dear Carolyn:
I respectfully request that the Indian River County County
Commission table without prejudice the resolution included in
agenda item 13A, urging Congress to adopt legislation to remove
the restrictions imposed upon the Bell Operating Companies.
The issue of competition in the telecommunications industry
was negotiated over several decades with thousands of hours -of
expert testimony. The Modified Final Judgment was the culmination
of the following: the first Department of Justice (DOJ) antitrust
suit which resulted in the Consent Decree of 1956, the Cartertone
Decision in 1968, Long Distance Competition Decision (MCI)in
1969, the various "Computer Inquires" of the 1970's and 19801s,
and finally, the second DOJ antitrust suit which ended with the
"Modified Final Judgement" in 1982. Therefore, it does not
appear possible for the Indian River County Commission to make an
informed ,judgment on this complex subject, without holding
lengthy hearings from all interested parties.
The following is an excerpt from the letter written by the
Consumer Federation of America to Senator Fritz Hollings
regarding S.1981 "Telecommunications Equipment Research and
Manufacturing Competition Act of 199011:
# "Unless new regulatory tools are developed that prevent
cross -subsidization, which no past or current regulations
were able to do, consumers stand to lose more than they
could gain from lifting the AT&T consent decree's
manufacturing restriction. The hypothetical promises
associated with Bell Company manufacturing are far
overshadowed by the likelihood that regulation can neither
protect competition or prevent the the Bell companies from
loading excessive costs onto monopoly, basic voice
services."
DEC 4 1990 41 goo? F'AGc
DEC 4 ,1990
BOOK ", I ,1u '
* "If the Bell companies were allowed to manufacture and
purchase equipment from themselves, they could drive many
small manufacturers out of business and generally impede
competition in the equipment market. By developing equipment
with insider knowledge of their own network growth
projection, configuring their networks to make equipment
uniquely suited for their specific infrastructure design,
and by spreading ,research and development (or other
untraceable) costs into the regulated ratebase, the Bell
companies could easily circumvent the most diligent
regulatory policing and foreclose major equipment markets
from competition."
The following is an excerpt from a "News Release" from the
Independent.Data Communications Manufacturers (IDCMA), the North
American Telecommunications Association (NATA) and the
Telecommunications Industry Association (TIA) regarding this
issue:
"U.S. manufacturers are top competitors in an increasingly
competitive global marketplace as a direct result of the
nature of competition in the U.S. marketplace, which is
itself a direct result of the Bell System divestiture which
severed a vertically integrated telecommunications monopoly.
Allowing the RBOCs to manufacture would reduce competition
in the U.S. market as these companies turned inward for
equipment purchases from captive/affiliated manufacturers,
rather than relying on competitive bidding from unaffiliated
manufacturers. This in turn would reduce the global
competitiveness of U.S, manufacturers, as they rely on RBOC
business to provide the economies of scale needed to compete
internationally.
There would be a net negative effect on U.S. global
competitiveness in telecommunications equipment if the RBOCs
are allowed to manufacture."
The point is that there are no regulatory safeguards, short
of anti-trust litigation, to prevent anti-competitive practices.
Therefore,the restrictions of the Modified Final Judgment which
prohibit the Regional Bell Operating Companies from providing
vertically integrated research, development and manufacturing of
'the telecommunications equipment used in their monopoly exchange
telephone service are the only way to provide a "level playing
field" for all competitors.
It is.impossiple to discuss all of the aspects of this
extremely complex subject in a letter. However, it is my hope
that I have.provided enough information to indicate that this is'
an apolitical complex technical issue that must be resolved at
the highest levels of government.
It is,requested that this letter be made a part of the
record.of the Board of County Commissioners' meeting in which you
discuss this resolution. If public comment is allowed, I would
appreciate having the opportunity to discuss the issue.
Sincerely,
Bal
C. C. Kleckner
42
Mr. Kleckner, a retired AT&T engineering manager, asked the
Board to take no action on this complex issue that took three
decades of court hearings and testimony before it was settled in
a 1982 antitrust suit that led to the breakup of AT&T. He
believed that the monopolies that the Bell companies now enjoy in
their regional service areas would only increase in scope. He
also believed that the money that customers pay for local phone
service would go into the development of equipment and markets,
which would only bring more profits to the Bell companies without
a payback to the customers.
Mike Todd, a current AT&T employee, spoke as a concerned
citizen about the Bell companies. He felt they want to end the
competition.and have everyone dance to their tune, and noted that
since the breakup of AT&T, long-distance telephone prices have
dropped, making for healthy competition.
Bill Koolage, 815 26th Avenue, felt that in the end, vertical
integration has cost the average user. In fact, he would like to
see AT&T get into cable television. Personally, he believed that
the breakup of AT&T was the foulest thing that ever happened in
America. He urged the Board to adopt the resolution supporting
the lifting of restrictions.
Commissioner Bird felt the very expert testimony we have
heard this morning just supports what he said earlier, that he
finds it difficult to sit here and be a self-proclaimed expert on
such a complex issue. He would not be in favor of asking our
legislators to support lifting the restrictions.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously agreed
to take no action on this matter.
43
C 41990 FA E
Fr- -1
DEC BOOK -82 PAGE 9,21,
RELEASE OF EASEMENT PETITION BY KRUPP COMPANY FOR CHECKERS
RESTAURANT
The Board reviewed the following memo dated 11/30/90:
TO: games E. Chandler
County Administrator
DIVISION HEAD CONCURR9buL.
'144 a
Rc ear eat , A
Community DevelooMen ,Director
THROUGH: Roland M. be]$Iola, AxCP
Chief, EUvironmental planning
DATE: November 30.11990
FROM: Charles W. Hdath'
Code Enforad meat 'offioer'
SUBJECT: RELEASE OF MOMUN!' ` PETITION SYs
Krupp Compan
20#300 squaro foot ;�ortionl of The Plaza at Vero
Subdivision: " `
It is requested tfte '4 ata h d-iA ! , presented be given formal
consideration by the Board bf Coontir � Commissioners at their regular
meeting of December 11,11'1990. "
The County has been pet1tioned by'the Krupp Company, owner of the
subject property, for the:, Xelease!;i of the five (5) foot utility
easement on a 20,300 square foot;,:'portion of the Plaza at Vero
Subdivision, hereinafter described; as Parcel #1, being the
southerly five (5) feet of Parcel.t fl,as recorded in O.R. Book
164, Page 1295, of the Public' Records of Indian River County,
Florida, Section 12, Township 33Soxth, Range 39 East, Indian River
County, Florida; according to the plat thereof as recorded in Plat
Book 12, Page 19, of the public''Records of Indian River County,
Florida. It is the Petitioner' s. intention to allow their tenant,
HLK Corporation, to construct a res#,eurant on the subject property.
The current zoning classification' -.'df the subject property is CG,
General Commercial District.
ALTERNATIVES AND ANALYanx
The request has been reviewed by Southern Bell Telephone Company,
Vero Beach Power Company, Vero Beach Water and Sewer Department,
United Artist Cable Corporation, the Indian River County Utilities
Department and the Road and Bridge and Engineering Divisions. Based
upon their reviews, the staff determined that there would be no
adverse impact to utilities being suppl---d to the subject property
by release of the easement.
RECOMMENDATION:
Staff recommends to the Board, through the adoption of a
resolution, the release of the five (5) foot utility easement on
that 20,300 square foot portion known as Parcel #1, of the Plaza at
Vero Subdivision, being the southerly five (5) feet of Parcel #1,
Section 12, Township 33 South, )Flange 39 East, Plat Book 12, Page
19, of the Public Records of Indian River County, Florida.
44
Commissioner Bird explained that he added this as an
emergency item because staff was unable to get this on the Agenda
today. Apparently, Checkers is ready to start construction on
the building, and the only thing holding them up from pulling
their building permit is this routine release of easement.
In response to the Board's questions on the status of the
neon lights issue, Community Development Director Robert Keating
advised that they have submitted some drawings that show: -that
they are going to enclose the neon in plastic because our ordinance
specifies that you cannot have exposed neon. Staff is looking at
that, and that probably will resolve the issue from a neon
lighting standpoint. He explained that the neon lights issue is
a separate issue over and above pulling the building permit. The
neon issue relates to the signage, and assuming that the plastic
that they are going to use to encase the neon is adequate, there
won't be any problem at all.
Commissioner Scurlock didn't want to approve something today
and then have an issue outstanding of them building something
that is not acceptable to our County code.
Director Keating emphasized that the neon issue is not part
of their pulling a building permit. The issue today is just the
release of the 5 -ft. easement. The site plan has been approved
already with the condition that there can be no exposed neon.
Commissioner Scurlock asked Commissioner Bird to explain
again why this is an emergency item, and Commissioner Bird stated
that this is a routine matter that normally would have been on
the Consent Agenda. He felt that because it is a routine release
of easement petition and since all the department heads have
signed off on it, and because this restaurant is going to employ
73 people in this county, it would be appropriate to add the
release of easement to the Agenda today for approval rather than
delay them another week.
Commissioner Scurlock felt that was the point, that it is
not a routine matter, but Commissioner Bird stressed that the
release of easement is routine.
DEC 4 1990 45
DEC 4 X990 BOOK,> F�.t
Director Keating reiterated that the neon lights issue does
not affect the release of easement, but Commissioner Scurlock
stressed that he just didn't want to do anything here today that
would give the applicants an argument for their neon lights.
Chairman Eggert felt the question is whether we want to
reopen the question of what we mean by neon and encased neon, but
Commissioner Scurlock just didn't want us to give them the
argument of saying, "you liked our neon lights when you gave us
the release of easement."
Commissioner Bowman anticipated that their argument would be
that the neon is an integral part of their architecture, but
Commissioner Bird understood that they have agreed that the neon
will have to be covered and that they are making the
modifications now at the factory to enclose the neon in some kind
of plastic encasement.
In that case, Commissioner Scurlock felt he was ready to
make a Motion that the Board approve the the release of easement
contingent upon them putting that in writing.
Attorney Vitunac felt this release of easement should be a
separate issue since a separate corporation owns the land and
is asking for a simple easement abandonment. With regard to
whether the County issues a building permit to Checkers, all of
the Board's statements are well -taken and Director Keating has
got to answer those before he issues that building permit, which
will be to a different company than the company owning the
property.
Commissioner Scurlock still wished to make his Motion
contingent on us receiving a letter stating that they accept our
neon r-e-qu i rement s .
MOTION WAS MADE by Commissioner Scurlock, SECONDED by
Commissioner Bowman, that the Board approve the release
of easement with a condition that we receive some
correspondence that they cannot have exposed neon in
this county and that they understand that this release
of easement is a separate issue.
Under discussion, Commissioner Wheeler stated that he would
vote against the Motion because he believed it would be setting a
precedent where everytime somebody comes in and wants to pull a
building permit, we would have to find out what kind of a sign
they intend to put up and endorse something in writing before
they get to the construction phase. He believed it is a separate
issue which should be handled separately.
Commissioner Scurlock believed that if this had not been an
emergency item, that could have been worked out ahead of time.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
failed by a 1-4 vote, with Commissioners Eggert, Bird,
Bowman and Wheeler dissenting.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wheeler, the Board unanimously approved
staff's recommendation and adopted Resolution 90-182,
abandoning certain easements in a 20,300 square foot
portion of the Plaza at Vero Subdivision known as
Parcel #1, according to the plat thereof as recorded in
Plat Book 12, Page 19, of the public records of Indian
River County, Florida.
Commissioner Scurlock stated that he voted for the Motion
because he felt his former Motion expressed his concerns about
the neon lights issue.
Chairman Eggert asked if the Board wished to direct the
planning staff to readdress the neon light restrictions.
Commissioner Bird felt we should wait until we see how our
ordinance works with this particular case, and the Board indicated
their agreement.
47
BOOK I
A
DEC 4 1990
BOOK F'AGE
RESOLUTION NO. go -182
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
ABANDONING CERTAIN EASEMENTS IN A 20,300
SQUARE FOOT PORTION OF THE PLAZA AT VERO
SUBDIVISION KNOWN AS PARCEL #11 ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12,
PAGE 19, OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA. K
WHEREAS, Indian River County has easements as described
below, and
WHEREAS, the retention of those easements serves no
public purpose,
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida that:
This release of easement is executed by Indian River
County, Florida, a political subdivision of the State of Florida,
whose mailing address is 1840 25th Street, Vero Beach, Florida
32960, Grantor, for Vero Beach Holding Corporation c/o Krupp
Company, whose mailing address is 470 Atlantic Avenue, Boston, MA. ,
02110, Grantee, as follows:
Indian River County does hereby abandon all right, title,
and interest that it may have in the following described easements:
SEE EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HERE IN BY REFERENCE.
THIS RESOLUTION was moved for adoption by Commissioner
Bird ,.seconded by Commissioner Wheeler , and
adopted on the 4 day of December
1990, by the
following vote:
Commissioner Eggert Aye
Commissioner Wheeler Aye
Commissioner Bird — ye
Commissioner Bowman —Aye
Commissioner Scurlock —ye
The Chairman thereupon declared the resolution duly
passed and adopted this 4 day of December 1990.
• BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By
Caroly K.
Attest By
grey tcW nartc
MA
bl •`•
48
fiver Ca Approved Date
Admfn.
Legal kv I •l. Ip -Q
Budget
Dept.
Risk Mgr.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 11:10 o'clock A.M.
ATTEST:
49
,,Sol r -I
BUCK 8, FAGc
A