HomeMy WebLinkAbout4/16/1991BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, APRIL 16, 1991
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Richard N. Bird, Chairman
Gary C. Wheeler, Vice Chairman
Margaret C. Bowman
Carolyn K. Eggert
Don C. Scurlock, Jr.
* * * * * * * * * * * * * * * * * * * *
James E. Chandler, County
Charles P. Vitunac, County
Jeffrey K. Barton, Clerk to
* * * * * * * * * * * * * * * * * * *
9:00 A.M. ,1. CALL TO ORDER
2. INVOCATION - Rev. Buddy Tipton
Central Assembly
3. PLEDGE OF ALLEGIANCE - Charles P. Vitunac
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
a. Treasure Coast Upland Policy.
b. Legislative Delegation Meeting
c. Countryside Update.
Administrator
Attorney
the Board
* * * * * * * * *
5. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
None
7. CONSENT AGENDA
A. Release of Utility Liens
(memorandum dated April 9, 1991)
B. Councilman Peter Holyk appointed as alternate to the
IRC Transportation Planning Committee
(letter dated April 8, 1991)
C. Councilman Lonnie Powell appointed to IRC Land
Acquisition Committee
(letter dated April 8, 1991)
D. Councilman George Reid appointed to Economic Develop-
ment Council
(letter dated April 8, 1991)
E. Proclamation designating April 20, 1991 as Vietnam
Veterans Day
APR 16 1991
F. Proclamation designating April 29, 1991 as
No Hitters Day in Indian River County
BOOK O3 F',1GE 12
APR 161991
BOOK 83 P,1I,E 7e
7. CONSENT AGENDA (continued):
G. Bid Award: IRC 91-67 / Emergency Generator,
Emergency Services
(memorandum dated April 2, 1991)
H. Park Place Wastewater Plant - Utilities
(memorandum dated April 8, 1991)
I. Request for Updated Letter of Support for "Samaritan
Center"
(letter dated April 3, 1991)
J. Addendum to Contract for Pest Control Services
(memorandum dated April 8, 1991)
K. Quit -Claim and Corrective Deed - Luther
(memorandum dated April 10, 1991)
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
1. Film Commission
(memorandum dated March 27, 1991)
2 (a).
CR512 Twin Pairs Widening
(rl!eescheclulea rrom 4/i/r�hh1- meeting )
(b) . Robert Brodie request to speak re: Railway
Bridge over CR512; Powerline Road as a future
business corridor; Re -analysis of the con-
nection of 130th St. to Gibson Street
B. PUBLIC HEARINGS
1. Bellsouth Mobility, Inc. Request for Special
Exception Use Approval for a Transmission Tower
(memorandum dated April 8, 1991)
2. North Beaches AIA Water Main Extension Preliminary
Assessment Roll
(memorandum dated April 10, 1991)
10. COUNTY ADMINISTRATOR'S MATTERS
Purchase of Lots 1, 2, and 14, Block 44 and Lots 4, 5, and
11, Block 45 for the Proposed Courthouse Site
(memorandum dated April 9, 1991
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
Night Board Meetings to Consider "Second Round".of
LDR Amendments
(memorandum dated April 1, 1991)
11. DEPARTMENTAL MATTERS (continued) :
B. EMERGENCY SERVICES
Approval of EMS EMT/D Project and Acceptance of
$23,000 in Donations From South Beach Residents To
Implement Program
(memorandum dated April 1, 1991)
C. GENERAL SERVICES
1. Architect and Engineering Services - Courthouse
Complex Project
(memorandum dated April 8, 1991)
2. Allocation of State Aid Grant Funds
(memorandum dated April 10, 1991)
D. LEISURE SERVICES
1. Contract Agreement - C.E. Block
(memorandum dated April 9, 1991)
(tabled from meeting of 4/2/91)
2. Sandridge Golf Course New 18 - Engineering
Services Contract
(memorandum dated April 8, 1991)
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
G. PUBLIC WORKS
1. Fla. DOT 1992 State Transportation Needs
Assessment SR60 Improvements West of 1-95
CR512 Railroad Bridge
(memorandum dated April 9, 1991)
2. Indian River Blvd. Phase III - Amendment No. 6
(memorandum dated April 5, 1991)
3. Appraisal Services for Ind. Riv. Blvd., Ph. IV
(memorandum dated April 8, 1991)
4. Selection Comm. for Testing Services
Indian River Blvd. Ph. III
(memorandum dated April 8, 1991)
5. Resolution Approving the Submittal of a Grant
Application Under the State of Florida FY 1992/93
Beach Erosion Control Assistance Program
(memorandum dated April 5, 1991)
H. UTILITIES
1. Final Resolution - Potable Water Main - U.S.#1
from 10th St. to South Relief Canal
(memorandum dated April 1, 1991)
2. Western Effluent Disposal System
(memorandum dated April 1, 1991)
3. Applicant's Agreement - Russell Concrete, Inc..
(memorandum dated April 8, 1991)
BOOK 83 PAH 77
APR 16 1991
APR 16 1991
BOOK 83 PAS
11. DEPARTMENTAL MATTERS (continued) :
H. UTILITIES (continued):
4. Life for Youth Ranch
(memorandum dated April 10, 1991)
12. COUNTY ATTORNEY
Request to schedule public hearing to adopt
Supplementary Ordinance - (Rule dealing with
Environmental Health - see Item 14 (a) )
(memorandum dated March 26, 1991)
(postponed from April 9, 1991 meeting)
13. COMMISSIONERS ITEMS
A. CHAIRMAN RICHARD N. BIRD
B. VICE CHAIRMAN GARY C. WHEELER
C. COMMISSIONER MARGARET C. BOWMAN
Indian River Lagoon National Estuary Program
Conference Agreement ;
(memorandum dated April 8, 1991)
D. COMMISSIONER CAROLYN K. EGGERT
E. COMMISSIONER DON C. SCURLOCK, JR.
14. SPECIAL DISTRICTS
A. NORTH COUNTY FIRE DISTRICT
None
B. SOUTH COUNTY FIRE DISTRICT
None
C. SOLID WASTE DISPOSAL DISTRICT
1. Landfill Property Needs
(memorandum dated March 25, 1991)
2. Landfill Survey for Fence Relocation, Canal
and Road Rights -of -Way and Landfill Property
Lines
(memorandum dated April 3, 1991)
3. Approval of minutes - Meeting of 3/19/91
14 (a) ENVIRONMENTAL CONTROL HEARING BOARD
Request to Schedule Public Hearing re: IRC
Environmental Control Board Rule 1
(memorandum dated March 26, 1991)
(postponed from 4/9/91 meeting)
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.
APP 16 1991
ROOK 83 fAuE 7C
Tuesday, April 16, 1991
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, April 16, 1991,
at 9:00 a.m. Present were Richard N. Bird, Chairman; Gary C.
Wheeler, Vice Chairman; Margaret C. Bowman; Carolyn K. Eggert; and
Don C. Scurlock, Jr. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and Virginia
Hargreaves and Patricia Held, Deputy Clerks.
The Chairman called the meeting to order.
Charles P. Vitunac led the Pledge of Allegiance to the
Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Commissioner Eggert requested the addition of an item
regarding Treasure Coast Upland Policy and an item regarding the
Legislative Delegation Meeting.
Administrator Chandler requested the addition of his
Countryside Report.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
the additions to the Agenda.
CONSENT AGENDA
A. Release of Utility Liens
The Board reviewed memo from Lea Keller, CLA dated April 9,
1991:
fmor, 83 PAGE.
APR 16 lag
APR 16 199
BOOK 83 PAGE 8
TO: Board of County Commissioners
*4eieux__)FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: April 9, 1991
RE: CONSENT AGENDA - B . C. C. MEETING 4/16/91
RELEASE OF UTILITY LIENS
I have prepared the following lien related documents and request that
the Board authorize the Chairman to sign them:
1. Release of Sewer Special Assessment Lien from
Map #24, STATE ROAD 60 PROJECT in the name of:
CAPRINO'S, INC.
2. Release of Water Special Assessment Lien from
Map #c-4, STATE ROAD 60 PROJECT in the name of:
KINGSWOOD WEST, INC.
3. Releases of Special Assessment Liens from
SUMMERPLACE WATER PROJECT in the names of:
HILLMAN
4. Releases of Special Assessment Liens from
NORTH COUNTY SEWER PROJECT in the names of:
TEBAY
PARIS & LARSON
MILLER
5. Satisfaction of Impact Fee Lien Extension
in the name of:
CAPORRINO
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Releases and Satisfaction of Liens as
recommended by Staff.
COPIES OF SAID DOCUMENTS ARE ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
2
B. Councilman Peter Holvk Appointed as Alternate to the IRC
Transportation Planning Committee
The Board reviewed the following letter from Kathryn M.
O'Halloran, dated April 8, 1991:
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
April 8, 1991
Board of. County Commissioners
Indian. River County Administration
1840 25th Street
Vero Beach, FL 32960
Attn: Alice White
RE: Indian River County Transportation Planning Committee
Dear Ms. White:
Councilman Peter Holyk was appointed as alternate to the above
referenced committee at the April 3, 1991 Sebastian City Council
Workshop.
Vice Mayor Frank Oberbeck will continue as the regular member.
Any correspondence in regard to the committee may be addressed to
Councilman Holyk and Vice Mayor Oberbeck at City Hall, PO Box
780127, Sebastian, Florida 32978.
Please forward any schedules they may require.
Sincerely,
ry� )9/ 04g4
KathrynN.O'Halloran CMC AAE
City Clerk
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the appointment of Councilman Peter Holyk to the
Indian River County Transportation Planning
Committee as Alternate for the City of Sebastian.
3
APR 16 1991
APR 16 19T H
C. Councilman Lonnie Powell Appointed
Committee
The Board reviewed the following
O'Halloran dated April 8, 1991:
April 8, 1991
ROOK 83 F'• �t Ce
to IRC Land Acquisition
letter from Kathryn M.
City of Sebastian
POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 0 FAX (407) 589-5570
Board of County Commissioners
Indian River County Administration
1840 25th Street
Vero Beach, FL 32960
Attn: Jan Masi
RE: Indian River County Land Acquisition Committee
Dear Ms. Masi:
Councilman Lonnie Powell was appointed to the above referenced
committee at the April 3, 1991 Sebastian City Council Workshop.
Any correspondence in regard to the committee may be addressed to
Councilman Powell at City Hall, PO Box 780127, Sebastian, Florida
32978.
Please forward any schedules Councilman Powell may require.
Sincerely,
0//ali,44
Kathryn . O'Halloran, CMC/AAE
City Clerk
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the appointment of Sebastian Councilman Lonnie
Powell to IRC Land Acquisition Committee.
4
D. Councilman George Reid Appointed to Economic Development
Council
The Board reviewed the following letter from Kathryn M.
O'Halloran dated April 8, 1991:
City of Sebastian
POST OFFICE BOX 780127 a SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 0 FAX (407) 589-5570
•
April 8, 1991
Board of County Commissioners
Indian River County Administration
1840 25th Street
Vero Beach, FL 32960
Attn: Janice Caldwell
RE: Economic Development Council
Dear Ms. Caldwell:
Councilman George Reid was appointed to the above referenced
committee at the March 27, 1991 Sebastian City Council Meeting.
Any correspondence in regard to the committee may be addressed to
Councilman Reid at City Hall, PO Box 780127, Sebastian, Florida
32978.
Please forward any schedules Councilman Reid"may require.
Sincerely,
Kathryn" M. O'Halloran, CMC/AAE
City Clerk
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the appointment of Sebastian Councilman George Reid
to Economic Development Committee.
5
APR 16 1991
F OOK 8 F,� t8 4
EOR . 1.0 1991
BOOK 83 .PA . 85
E. Proclamation - Vietnam Veterans Day
The following Proclamation is hereby made a part of the
record:
""PROCLAMATION
DESIGNATING APRIL 20, 1991.
AS
. VIETNAM VETERANS DAY
WHEREAS, a 240 foot replica of the Vietnam Veterans
Memorial will be exhibited April 19th thru April 21st at
Hillcrest Memorial Gardens; and
WHEREAS, this project was developed in an effort to
give all Americans an opportunity to have The Vietnam Wall
Experience and will tour the country over the next 24
months; and
WHEREAS, a visit to The Wall will be an •educational
opportunity and a chance to see, first hand, the names of
those who gave the ultimate sacrifice in the name of
democracy;
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY that April 20, 1991 be
designated as
VIETNAM VETERANS DAY
in Indian River County, and the Board encourages all
citizens to observe this day and to attend this very
meaningful and worthwhile exhibit.
Adopted this 16th day of April, 1991
6
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Richard N. Bird
Chairman
F. Proclamation - No Hitters Day
The following Proclamation is hereby made a part of the
record:
PROCLAMATION
DESIGNATING APRIL 29, 1991
AS NO HITTERS DAY IN
INDIAN RIVER COUNTY
WHEREAS, violence breeds violence; and
WHEREAS, the disease of violence affects our county
physically, emotionally, mentally and economically, and impairs
the betterment of our community; and
WHEREAS, every individual use of violence within our
community affects and victimizes each and every citizen in our
county; and
WHEREAS, the quality of life in society and in the
citizens of this county depends on the promotion of peaceful
conflict resolutions:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that April 29, 1991
be observed as
NO HITTERS DAY
in Indian River County, and the Board further urges the citizens
of this county to seek and utilize peaceful ways as an
alternative to violence, and to participate in those various
programs designed to promote peaceful conflict resolutions.
Adopted this 16th day of April, 1991
7
PR 16 i9g1
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Richard N. Bird, Chairman
�j
86
BOOK 83 FA`v[
r
APR 16 1991
RooK83-7
PAGE 8e
G. Bid Award - Emergency Generator, Emergency Services
The Board reviewed memo from Purchasing Manager Fran Boynton
dated April 2, 1991:
DATE: April 2, 1991
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servi
FROM: Fran Boynton, Purchasing Manager
SUBJ: Bid Award: IRC 91-67/Emergency Generator
Emergency Services
BACKGROUND INFORMATION:
Bid Opening Date: March 13, 1991
Specifications mailed to: Fifteen (15) Vendors
Replies: Two (2) Vendors
BID TABULATION PRICE
All Power Services
Fort Pierce, F1
Knight & Mathis
Vero Beach, Fl
TOTAL AMOUNT OF BID:
$ 9,925.00
$11,000.00
$ 9,925.00
SOURCE OF FUNDS: Emergency Services/Communications/Communication
Equipment Account.
BUDGETED AMOUNT: $16,500.00
RECOMMENDATION:
Staff recommends that the bid be awarded to All Power Services
as the lowest, most responsive and responsible bidder meeting
specifications.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
Bid #IRC 91-67 for an Emergency Generator to the
lowest, most responsive and responsible bidder, All
Power Services, in the amount of $9,925.00 as
recommended by Staff.
8
H. Park Place Wastewater Plant
The Board reviewed memo from Purchasing Manager Fran Boynton
dated April 8, 1991:
DATE: April 8, 1991
TO: BOARD OF COUNTY CON4ISSIONERS
THRU: James E Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servi
FROM: Fran Boynton, Purchasing Manager
SUBJ: Park Place Wastewater Plant
Utilities
BACKGROUND:
The Utilities Department requests that Park Place Mobile Home Park Waste
Water Plant be declared surplus. This plant has been deca misioned
since the service is now connected to the North County Waste Water
System. A description of the plant is included in the attached memo.
FUNDING:
The monies received from this sale will be returned to the appropriate
accounts.
RECOMMENDATION:
Staff recommends that authority be granted to declare the above surplus
and authorize staff to dispose of by sealed competitive bid.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously declared
the above -listed plant surplus and authorized staff
to dispose of by sealed competitive bid.
I. Recruest for Updated Letter of Support for "Samaritan Center"
The Board reviewed the following letter from Debbie J.
Voorhees, dated April 3, 1991:
9
,SPR 16 199
BOOK 83fA6E C
APR 16-1991
DIOCESE OF PALM BEACH INC
BOOK 83 PAiLE.
FAMILY AND CHILDREN SERVICES
E �ntnfnent- Thrbugh•DirlctSuf+ic& and 9Iction forJusiicv
April 3, 1991
Mr. Randy Dowling
Assistant to the County Administrator
1840 25th Street
Vero Beach, Florida 32960
1849 - 25th Street
Vero Beach, Florida 32960
(407) 569-1653
RE: REQUEST FOR UPDATED LETTER OF SUPPORT FOR "SAMARITAN CENTER"
REQUEST PLACEMENT ON COMMISSION AGENDA APRIL 16, 1991
Bear Mr. Downling:
Catholic Charities of the Diocese of Palm Beach, Inc. is pleased
to announce its intention to submit its proposal for consideration
regarding the Federal Emergency Shelter Grant Program for the Homeless,
State of Florida, Department of Health and Rehabilitative Services,
March 15, 1991. We respectfully request you update your 1990 letter of
support, which we have enclosed a copy of, and address a current letter
to our attention by April 19, 1991.
For your information, please find enclosed our current informational/
fundraising brochure regarding this interfaith community project.
Our proposal will be submitted to:
Bill Hanson
Office of Program Policy Development
Department of Health and Rehabilitative Services
1323 Winewood Boulevard
Building 1, Room 216
Tallahassee, Florida 32399-0700
Thank you for your attention and support,
0_,LtuRALt, Votukm
Debbie J. Voorhees
Social Services
Member
Catholic Charities
USA
Program of -the Annual Bishop's Appeal - Diocese of Palm Beach, The United Ways of Indian River County. Martin County,
Palm Beach County. South Palm Beach County. St. Lucie County and the Palm Beach Community Chest/United Way
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the writing of an updated letter of support as
requested.
10
Telephone: (407) 567-8000
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 32960
Suncom Telephone: 224-1011
April 16, 1991
Bill Hanson
Office of Program Policy Development
Department of Health and Rehabilitative Services
1317 Winewood Blvd.
Building One, Room 216
Tallahassee, Florida 32399-0700
Dear Mr. Hanson:
Indian River County supports group homes in its
Comprehensive Plan. The Board of County Commissioners
support Catholic Charities of the Dioceses of Palm Beach,
Inc. receiving a grant to build a group home.
However,: approval can only be granted to a specific
project when it meets the requirements of site plan and
special exception approval. If these requirements are met,
approval is granted by the Planning and Zoning Commission
and the Board of County Commissioners of Indian River
County. We will forward that information to you.
Sincerely,
Richard N. Bird
Chairman
J. Addendum to Contract for Pest Control Services
The Board reviewed memo from Superintendent of Buildings and
Grounds Lynn Williams dated April 8, 1991:
11
APR 16 1991
BOOK 83 PAGE 90
APR 16 1991
BOOK 83 WE 01
TO: JAMES CHANDLER
COUNTY ADMINISTRATOR
THRU: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVICES
FROM: LYNN WILLIAMS
SUPERINTENDENT OF BUILDINGS AND GROUND
DATE: APRIL 8, 1991
SUBJECT: ADDENDUM TO CONTRACT FOR PEST CONTROL SERVICES
CONSENT AGENDA
DESCRIPTION AND CONDITIONS:
Indian River County Bid #91-35 for Pest Control Services was
awarded at the regular Board meeting of December 11, 1990. The
contract documents were prepared and subsequently executed on
February 18, 1991.
ALTERNATIVES AND ANALYSIS:
Paragraph 3 (compensation) of the original contract has been
modified by the attached Addendum #1.
RECOMMENDATION AND FUNDING:
Staff recommends approval of Addendum #1 to the Pest Control
Services Contract and request permission for the Chairman to
execute.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and authorized the Chairman to execute Addendum #1
to the Pest Control Services Contract as recommended
by Staff.
SAID DOCUMENT IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
K. Quit -Claim and Corrective Deed - Luther
The Board reviewed memo from Assistant County Attorney William
Collins dated April 10, 1991:
12
TO: The Board of County Commissioners
FROM: ihft/ William G. Collins II - Assistant County Attorney
DATE: April 10, 1991
SUBJECT: Quit -Claim and Corrective Deed - Luther
The Property Appraiser has notified our office that there was an
incorrect legal description on an approximately half -acre parcel of land
for 53rd Street at the intersection of Indian River Boulevard, conveyed
to the County by William and Selma Luther. The incorrect legal
description would put the parcel approximately a half mile east of the
intersection rather than immediately adjacent to it.
I have prepared a Corrective Deed which has the correct legal
description underlined to be executed by Mr. and Mrs. Luther.
However, their attorney has appropriately requested that we quit -claim
back the improperly described and conveyed parcel.
RECOMMENDATION:
Authorize the Chairman to execute the Quit -Claim Deed of inaccurately
described property back to William and Selma Luther in exchange for
the Corrective Deed with the proper legal description.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized the Chairman to execute the Quit -Claim
Deed to William and Selma Luther in exchange for the
Corrective Deed with the proper legal description as
recommended by Staff.
SAID DOCUMENT IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
FILM COMMISSION
Nancy Bryant, Chairman of Indian River County Film Commission,
made a presentation regarding the film industry in Florida and
specifically in Indian River County. She related the advantages to
the community of a clean, profitable industry without impact on
roads, water, sewer and schools, which at the same time instills
enthusiasm and pride in the citizens.
She explained she was before the Board to request the County
Commission's support in the certification process to get Indian
River County "Camera Ready." This would involve approving the
program and adopting a resolution as a "Film Friendly Community"
which the Council of 100 of our Chamber of Commerce would forward
with their application.
Commissioner Eggert advised that the Economic Opportunities
Council unanimously recommends approval of this program.
13
IWR 16 1991
OOK �s PAUE L
PP
Pr -
APR 16 1991
V
BOOK O3 PAH 90
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 91-45 supporting the Film Industry.
RESOLUTION NO. 91-45
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA
SUPPORTING THE FILM INDUSTRY.
WHEREAS, the Board of County Commissioners of Indian River
County wishes to extend an invitation to the motion picture
industry to film on location in our County; and
WHEREAS, the Board of County Commissioners of Indian River
County wishes to express its desire to provide to such production
companies as may choose to film in the County its cooperation and
assistance; and
WHEREAS, the Board of County Commissioners regard the
motion picture industry as a compatible and desirable industry
for the County;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that all necessary
bureaus of the State of Florida be notified of the desire of
Indian River County to host the filming of motion pictures.
BE IT FURTHER RESOLVED that it is the express wish of the
Board that the Indian River County Council of 100, a division of
the Vero Beach - Indian River County Chamber of Commerce act as
liaison body to facilitate the logistics of such filming.
The .resolution was moved for adoption by Commissioner
Wheeler, and the motion was seconded by Commissioner Eggert, and,
upon being put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman Gary C. Wheeler Aye
Commissioner Margaret C. Bowman Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Don C. Scurlock, Jr. Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 16th day of April, 1991.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY
14
Richa
N. Bird, Chairman
CR512 TWIN PAIRS WIDENING AND (B) ROBERT BRODIE PROPOSAL
(rescheduled from 4-2-91 meeting)
TO:
FROM:
SUBJECT:
DATE:
James E. Chandler,
County Administrator
James W. Davis, P.E.
Public Works Director
CR512 Twin Pairs Widening
March 26, 1991 FILE: twinprs.agn
DESCRIPTION AND CONDITIONS
During the March 13, 1991 meeting of the County
Transportation Planning Committee, the Committee recommended
that a study be commissioned to determine if the current
Twin Pairs Widening project is compatible with a long-range
plan to construct a railroad overpass at the existing CR512
location. Future conceptual plans proposed by Architect
Robert Brodie of Sebastian include widening the existing
;CR512 roadway at an elevation 9'± below the existing
elevation and raising the railroad approximately 12' above
the existing grade. The study is to consider alternatives
that may be feasible to accommodate a widened roadway and
grade separated railroad crossing.
ALTERNATIVES AND ANALYSIS
Staff has considered an appropriate scope of work for a
study to accomplish the Committee's objective. To perform a
complete, detailed analysis, a Consultant would need both
major highway design experience and railroad engineering
design experience. Extensive right-of-way acquisition
affecting major building would be necessary, and appraisal
work should be included in the scope.
The following alternatives are presented:
Alternative # 1
Direct staff to prepare a Request for Proposals and
initiate CCNA procedures for selecting consultant(s) to
perform a detailed study of possible options to widen
CR512, including the construction of a railroad
overpass located at the existing CR512 alignment. The
selection process would take at least 45-60 days and
the study would take approximately 60-90 days.
Alternative #2
Authorize the County's current CR512 Consulting
Engineer, Kimball -Lloyd, Inc. and staff to meet with
the FEC Railroad Chief Engineer, W.S. Stokely, and
determine if the proposed Twin Pairs design is
compatible with the possible future implementation of a
grade separated railroad crossing to be located at the
current CR512 location.
15
APR 16 1991
BOOK 83 FAL it.A.
APR 16 i99
BOOK 8 3 F'A L
A conceptual plan would be presented to the FEC Chief
Engineer, and a joint conceptual design meeting would
be held to discuss future alternatives. A concise
report would be prepared to address the current Twin
Pairs compatibility with possible future options.
This alternative would be minimal in cost and could be
scheduled within the next 30 days.
RECOMMENDATIONS AND FUNDING
Staff recommends Alternative #2 be approved. An amendment
to the original CR512 Engineering Services Agreement with
Kimball -Lloyd, Inc. will be prepared for future Board
approval.
THE VILLAGE ARCHITECTS P.A.'
February 28, 1991
Mr. Frank Oberbeck, Sebastian City Liaison
IRC Transportation Planning Committee
c/o Oberbeck & Associates
1013 U.S. Highway One
Sebastian, Florida '32958
Dear Frank:
I am requesting that I be placed on the Transportation Planning Committee'
Agenda for Wednesday March 13, 1991 at 9:00 AM in the County Administration
Building, Vero Beach. I am writing you at this time because Jim Davis has
informed me that you would be the person to place me on that agenda.
I thought that I would take, then, this opportunity to list the pertinent data
regarding my proposal for a RAILWAY BRIDGE OVER CR512 and for a RE -ANALYSIS OF
THE CONNECTION OF 130TH STREET (in Roseland) TO GIBSON STREET (in Sebastian):
RAILWAY BRIDGE OVER CR512:
I.) A RAILWAY BRIDGE over CR512 will allow increasing traffic to
escape the confrontation of long and repetitive FEC trains near
the end of this current decade.
II.) A RAILWAY BRIDGE over CR512 will preclude the need for an
expensive future F.D.O.T. Raised Highway Interchange in
Sebastian by the end of this decade: an interchange constructed
to solve disruptive congestion emanating from the negative
co -existence of Train and Auto at grade -level.
III.) A RAILWAY BRIDGE over CR512 will preclude the need for CLOSING
two existing railway grade -crossings.
16
IV.) If no RAILWAY BRIDGE is constructed over CR512, the County's
"Twin -Pair" Configuration has the following NEGATIVE aspects:
A.) The SCALE of the current "Twin -Pair" design is too NARROW
and TIGHT for the County -prescribed location in Sebastian:
[IV. A.]
[IV. A. 4.]
APR 16 1991
1.) No matter how well co-ordinated the various
signalized intersections of the "Twin -Pair" become.
the constant projected interference of a
soon -to -be -constructed 2 -track FEC Rail System renders
the proposed "Twin -Pair" legs less than efficient.
2.) Moreover,`the immediate proximity and projected
"automobile -attraction" of a soon -to -be -developed
Historic Riverfront Area, in addition to the immediate
proximity and "automobile -attraction" of Historic
Louisiana Avenue just west of the FEC Rail System (not
to mention the forced appendage of traffic signals
where this avenue would cross the "Twin -Pair"),
renders this same "Twin -Pair" Road System a "stop and
go" handicap for this rapidly growing area.
3.) Furthermore, and perhaps the most critical, is the
proposed CLOSING of Residential Roseland's Bay Street
Emergency -Hospital -Access -Route (please see attached
letters from the Humana Executive Director and the
RPOA President). The Roseland and Fellsmere Residents
would then be required to back -track along a 7 -mile,
15 -minute convoluted path to Humana's entrance.
4.) Finally. the creation of the two necessary
"Twin -Pair" consecutive signals on U.S.1 (1100 feet
apart). gives Sebastian a limited stacking
length (used by northbound traffic turning left onto
the north -leg) between the two U.S.1 signalized
intersections.
a.) Assuming the disruptive influence of
long and frequent trains, the amount of
cars in this stacking area (a maximum of 53
cars) would continue to increase. being
continually augmented by cars arriving from
South U.S.1. By the end of the decade. the
resulting stacking could foreseeably
back-up into the southernmost of the two
intersections. thereby creating BLOCKAGE
for traffic attempting to travel northward
through Sebastian via U.S.1.
b.)' Assuming future growth of the Historic
Louisiana Area just north of the proposed
CR512 north -leg, with resultant Louisiana
traffic needing to cross the "Twin -Pair"
north -leg in order to access Southbound
U.S.1 via the proposed CR512 south -leg. the
potential for BLOCKAGE between the two
U.S.1 intersections increases, due to
possible accidents occuring at these
Louisiana cross-over points.
c.) F.D.O.T. prefers a MINIMUM of 1320
feet between signalized intersections on
U.S.1.
17
A
aooK 83 FAH Ja *
r
AP
[IV.]
91
��
BOOK 83 FACE c
B.) The affect of the County's "Twin -Pair" Configuration on
Louisiana Avenue (a wagon trail just after the Civil War
with houses of the period) would indeed be RUINOUS,
unwittingly encouraging it to become a business corridor
for Sebastian, because the southernmost segment -of
Louisiana would, indeed, HAVE TO BE the business corridor
connection between the north and south legs of the
"Twin -Pair".
C.) The affect of the County's "Twin -Pair" Configuration on
the Natural Sand Ridge would be DETRIMENTAL. The Ridge.
an environmentally important sand scrub habitat containing
the aquifer for the region, is the home of rare and
endangered plant and animal species. The County
"Twin -Pair" north -leg would require a 17 -foot deep slice
into the Ridge in order to create a 4% maximum slope
recommended by F.D.O.T. Certainly the Department of
Natural Resources would be interested in an act of this
kind.
D.) The affect of the 'County's "Twin -Pair" Configuration on
the established Orange Heights Residential Community would
be CRIPPLING. The necessary traffic signal for Louisiana
(at the "Twin-Pair"'s north -leg) would be located at a
congestive 90 feet from Temple Avenue: the ONLY exit
point into Louisiana Avenue for 100 Mobile Home Families,
many of whom are composed of elderly residents. Moreover,
noise and pollution created by a County -proposed
"Twin -Pair" north -leg for these same families is extremely
NEGLIGENT of the rights of people who have settled this
quiet area for as much as 20 years.
V.) If a RAILWAY BRIDGE should be constructed over both legs of the
County's "Twin -Pair" Configuration. the impact of the BRIDGE over
the north -leg has the following NEGATIVE aspects:
A.) The existing rail ties at Main Street would need to be
elevated 4 Feet 9 Inches above their existing elevation of
18.81 NGVD, in order to obtain. the required .3Z slope for
the elevated railroad as it "comes back down to grade"
about 1000 feet north of Main Street.
B.) The Natural Sand Ridge would need to be cut a depth of
approximately 32 feet to create the needed 15 -foot State
Road minimum clearance under the north -leg's RAILWAY
BRIDGE.
C.)• The F.D.O.T. would need to lower the existing elevation of
U.S.1 as it runs between Martin Avenue to Cleveland Street
so that the resultant crown of U.S.1 in that location will
equal that of the existing intersection serving the
"Twin -Pair" south -leg.
D.) The two "Twin -Pair" bridges would require the construction
of a 1000 -foot LINK BRIDGE connecting the two bridges.
Cost of this construction is (per railway costing
estimates) approximately $3500 per linear foot: i.e.
$3.5 million dollars (1990 pricing). Indeed. the costing
of a "Twin -Bridge" scenario would be approximately.$5
million dollars MORE than that of a "Single -Bridge"
scenario.
18
VI.) The sole -widening of the existing CR512, with a single RAILWAY
BRIDGE at U.S.1 has the following POSITIVE benefits:
A.) A Single Signalized Intersection with 4 -Phase Operation.
according to F.D.O.T., can easily handle MUCH MORE than
the projected 50,000 cars/ per day. This type of single
signalized intersection is indeed used throughout the
nation in cities of much more intensive activity.
B.) A stacking area for 72 vehicles (in the U.S.1 segment
running from Walmart northward 1450 feet) gives an easier
breathing space for automobiles needing to turn west onto
CR512.
C.) Closing Fellsmere Road within an enlarged City Park Area
reduces the number of Cars/ per Day at this intersection
by preventing the projected circulation within the
Riverfront Area from feeding into U.S.1 at this signalized
location.
D.) An ARCHITECTURAL SIMPLICITY is achieved, creating a single
visual -axis from the sole -widened CR5I2 directly into the
new City Park, carrying the eye further beyond into the
Indian River Lagoon...
E.) An INCREASE IN VALUE to the land surrounding Historic
Louisiana Avenue is achieved, creating NOT a business
corridor. but a continuance of the non -signalized. quaint
venue (and. yes. repaired venue) that is its natural
birthright.
F.) A NICE CAPITAL GAINS is achieved by Indian River County
when the FEC R.O.W. is sold back to the private sector
for development in Sebastian's new historic area.
G.) A GENTLE 1.5% SLOPE is obtained by grading the existing
CR512 from Louisiana Avenue (21.81 NGVD) to the existing
crown of U.S.1 (10.0 NGVD).
H.) A MUCH -DESIRED RESIDENTIAL DISTRICT is made possible in
the High Street Area (sealed from the new single CR512)
not only because of its proximity to quaint Historic
Louisiana Avenue and Main Street, but also because of its
clear view of the Indian River Lagoon up on the Natural
Sand Ridge.
G.) GOOD WILL from the -Majority of the Residents of Sebastian.
If the truth of this be doubted, a referendum would indeed
provide the proof.
RE -ANALYSIS OF THE CONNECTION OF 130TH STREET TO GIBSON STREET:
I.) The Roseland Residents have long desired that their area
remain a BEDROOM COMMUNITY. The Roseland Property Owners
Association is adamantly opposed to the infusion of Sebastian
business corridor traffic (please see attached letter from RPOA
President).
19
11PR16 1991
E OK83 r',1i t "tel
APR 16 1991
BOOK 83 FAL 90
II.) The North County attachment of 130th Street to Roseland Road
should not be encouraged to become a future intersection of
business corridor traffic. 130th Street enters Roseland Road
just 300 feet west of the existing FEC railway ties: this would
be potentially the same poor planning that the County has been
trying to escape at the existing Intersection of CR512 and U.S.I.
III.) The County should do everthing in its power to encourage the City
of Sebastian to connect its Gibson Street (next to City Hall)
with Jackson Street east of U.S.I. The County would be thereby
promoting the development of the County's historic past, as well
as saving itself from countless FUTURE dollars in attempting to
deal with a congestive 130th Street / Roseland Road intersection
close to two future railroad tracks. Additionally, the County
could be most helpful to the City by encouraging the procurement
of State and Federal funds for a RAILWAY BRIDGE at CR512. thereby
allowing the City to add its "given -up" grade -crossing at CR512
to that of the County's at 87th Street: producing the viability
of the new Gibson / Jackson railway grade -crossing from FEC.
IV.) Developer Carl Julian (St. Sebastian PUD) has noted by telephone
that he sees no objection to a Gibson / Jackson connection. as it
would be a "good thing for both his development in Sebastian as
well as the new Historic Riverfront Area": also. he has noted
that he has no abjection to AVOIDING ANY CONNECTION of Gibson
Street with 130th Street in Roseland.
It is my hope that this general outline will aid the Transportation
Planning Committee in assessing the value of:
a RAILWAY BRIDGE, but more specifically: a RAILWAY BRIDGE OVER
A SOLE -WIDENED CR512.
an AVOIDANCE of a Gibson / 130th Street connection, but more
specifically: the CREATION OF A NEW GIBSON / JACKSON BUSINESS
CORRIDOR.
Sincerely yours,
Robert T. Brodie. A.I.A.
10753 HIGHWAY ONE. SEBASTIAN, FLORIDA 32958 FAX407-589-2134 / 407-589-4468
20
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11
I • Stop -Light at Powerline Road & CR512: 2 • Stop -Light at Powerline Road 6
Main Street; 3 • Stop -Light at Jackson Street & U.S.1; 4 • New City Park
with Statues & Fountain;'- 5 _■ Stop -Light at Main Street 8 U.S.1; 6 • Ferry to
Sebastian Inlet; 7 ■ Police Station; 8 • Orange Heights; 9 • Louisiana Ave;
10 • Railway Brldge.at U.S.1; a • Parking 700 cars: b •,Parking 200 cars:
c • Parking 265 cars; d • New Grade -Crossing; • • 15 MPH River Drive;
f • Trolley & Buggy Terminal; g • 2 -way (temporary 2 -lane) CR512;
h • New 2 -way (2 -lane) Powerline Business Corridor; j - Future 2 -way (2-la1
Jackson Business Corridors k ■ Proposed mooring of Historic Spanish Ships:
m i Elementary School with New Power line Entry: n • New 2 -way (4 -lane) CR5
Chairman Bird indicated Mr. Brodie was not in the audience and
was informed by Administrative Secretary Liz Forlani that he would
not appear. Commissioner Eggert asked whether City of Sebastian
has spoken to this issue and was told there is a letter from City
of Sebastian. Chairman Bird suggested discussion on both items,
(a) and (b) and recognized there were people wishing to speak.
Commissioner Scurlock, recognizing staff's position, commented
that we need to be extremely careful that we do not delay things to
the extent where service levels become a problem. We need to
extend the contract with our existing engineer on the project in a
timely fashion because the future of Sebastian and its orderly
growth is contingent on meeting comp plan requirements, one of
which is service levels.
21
APR 16 '1991
,LOF 83
FAA AO
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rte
Pr -
APR 16 199
BOOK 83 F'� GE 101
Public Works Director Jim Davis presented staff's perspective
on railroad bridges by citing some articles in the Public Works
magazine dated August, 1988, which reported on a project in Grand
Rapids, Michigan to raise a railroad above an existing roadway; it
was a 7 -year project which had been expedited and was considered
record time for construction of a railroad grade separation; the
cost was three million. He pointed out that the projects are
similar except CR512 in the future possibly should be expanded to
seven lanes instead of five lanes. Director Davis felt he was
educated on the subject from reading the article as to what the
process was like. He feels our project is more complex due to some
existing buildings in the area and the need for more retaining
wall.
Director Davis reported the funding sources for the Michigan
project were the Federal Highway Commission, the CSX Railroad,
which is the railroad company in Michigan, as well as the Kent
County Road Commission.
Commissioner Scurlock pointed out that funds in this district
or zone are being generated in the amount of about half a million
dollars a year and Mr. Brodie had indicated a cost in the range of
five to seven million dollars, which means a fourteen -year period
of collecting impact fees to fund that activity; in the meantime we
have to keep current with our open road system for the Comp Plan.
Commissioner Bowman felt we are not thinking of that as a
short range plan but rather a ten or twelve year plan and feels
impact fees are going to increase without doubt in the next ten
years.
Commissioner Scurlock described a cycle of inadequate service
levels causing no new building permits and no new impact fees.
Chairman Bird also commented that you cannot earmark all the
money that goes into the fund just for the railroad bridge because
the other road systems need maintenance.
Commissioner Scurlock understood at that intersection we are
at nine thousand trips and in his understanding when we reach
thirteen thousand we have started to exceed our transportation and
service levels and historically that is not very far off. He asked
how much would that particular improvement cost.
Director Davis estimated the twin pairs project would be eight
hundred thousand dollars.
Commissioner Bowman asked how many years would that adequately
take care of the traffic.
22
Director Davis said it's difficult to predict the growth rate
there, but historically that should serve the Sebastian area for
approximately five to ten years, after which we probably look at
seven-laning the roadway.
Chairman Bird opened the public hearing.
Fred Mensing came before the Board and asked if the Board
would consider consolidating the discussion of this item with
Public Works Item 1 since they cover the same project.
Director Davis explained the item Mr. Mensing is referring to
is a Florida DOT needs assessment item. DOT has had a series of
meetings recently with the Treasure Coast Regional Planning Council
to identify transportation needs in the District Four area. Staff
has communicated to the DOT, and DOT has included in its needs
assessment program this project of the railroad crossing over the
CR512 corridor.
Commissioner Bowman clarified it's not on their ten-year work
plan but simply an assessment of need.
Chairman Bird asked Mr. Mensing to proceed.
Fred Mensing stated, for the record, he is a resident of
Roseland and represents himself, not any body or organization
specifically. He spoke in favor of the railroad separation at
CR512 and enumerated his reasons as follows: (1) public safety
versus trains at grade crossings; (2) with trains of 75 cars
reaching a mile in length, crossings could be blocked by a train
accident causing delays in getting emergency vehicles to and from
the scene; (3) the land east of the twin pairs project which is
presently owned by the County could be sold and land west of the
twin pairs project could be sold or held as a hedge for future
light rail lines to the west County to connect with high-speed rail
lines running north and south in Osceola County, if it is ever
built. He thought the cost of the grade separation is overstated
because many railroads store usable but abandoned bridges, and by
contacting the chief mechanical officers of track and structures,
an inventory of these bridges could be found and probably a bridge
could be bought for the project where we would only have to build
the necessary head walls. He felt a six -lane bridge would last our
lifetime, plus, and with proper contracting and engineering, the
work from Louisiana Avenue to U. S.1, including the bridge, could be
completed in six months, during the off -tourism season. He
mentioned alternate routes that could be used as detours during
construction. Mr. Mensing felt we can ill -afford the saving of
dollars by building the twin pairs and if the funds are not all
available now, he would advise building the four lanes west of
Louisiana Avenue on the present right-of-way now and the bridge
23
PR 16 1991
BOO 3P yy�`
Pi GE jjJf�
APR 1.6 1991
BOOK 83 PAut 103
later. This also would prevent the closing of other Florida East
Coast Railroad crossings. He concluded by cautioning the Board
members to keep in mind the best interests of the voters in making
decisions.
Attorney Steven Lulich, North County resident, came before the
Board and believed the Board has not been privy to all of the
discussions that have gone on in the City of Sebastian regarding
the twin pairs and the bridge raising the railroad. He wanted to
inform the Board of some of the issues that are being discussed by
the citizens. He said there are two different groups of people
that are very upset with this splitting of CR512. One group is the
residents of Orange Heights residential community. Their problem
is that the north leg of the twin pairs would go right through
their front door. Additionally, the commercial property owners
along CR512 feel they are being cheated out of two-way traffic.
Attorney Lulich said the concern is putting traffic from CR512 onto
U.S.1 without causing a major traffic jam in the future. He
reported one of the residents has a simple solution and that is, at
CR510, there is no sign indicating that as a bypass north through
Wabasso, and there is no sign on CR512 at CR505 indicating, if you
want to get to the North County near Roseland or if you want to go
to Brevard County, that is another bypass. These are ways of
getting the traffic count down which are not expensive; just the
cost of a sign. In addition, if you construct this bridge over
twin pairs you are elevating the tracks in two places, making it
more costly.
Attorney Lulich next directed the Board's attention to a memo
to the Transportation Planning Committee which covered the subject
of Powerline Road. Between Powerline Road and U.S.1 there is a
whole commercial area that has not been developed, and he felt
traffic should be directed in that direction to take pressure off
U.S.1, which would then aid in preservation of the Sebastian
Riverfront. The suggestion is, rather than twin pairs as planned,
perhaps the north leg could be two-way traffic running parallel to
U.S.1 and diverted off Main Street further north, off of Jackson
Street and Davis Street and getting to Gibson Street and right up
to Roseland Road. Attorney Lulich encouraged the Board to consider
this alternative plan by getting a conceptual for the Powerline
Road plan and holding off on the engineering for the twin pairs
long enough to get a traffic study of the Powerline Road plan and
then make a decision. He felt this would not cause a delay for
more than a month. Attorney Lulich concluded by mentioning even
though there are no pressure groups, there are people from the
24
historical society and from Sebastian who also believe the twin
pairs would destroy a lot of historical area.
Arlene Westfahl, 754 Rolling Hill Drive, representing the
Sebastian Riverfront Historical Society, came before the Board and
related that five or six years ago when the twin pairs plan was
being devised) the society was a small organization but it has grown
into a large organization which has done detailed examinations of
the nature and history of Sebastian) and she felt that putting
anything any closer to the center of town would be detrimental to
the basic nature of Sebastian. She described various historical
structures and their relationship to the route of the north leg of
the twin pairs and the fact that there are many historical
structures which have lasted, are very usable and compatible with
the new buildings in Sebastian, all of which lends character to
Sebastian and retains the aura of a small town, a simple, a
pleasant place. She said another bad feature of the twin pairs is
the fact that the route is along Louisiana Avenue, which is one of
the original streets, after Main Street, and has many historical
buildings. She felt that to bring any more large traffic pattern
closer to Main Street means we will lose this particular flavor
that we would like to keep in Sebastian.
Al Valardi, 4445 Georgia Boulevard, Sebastian, was critical of
the present design for CR512 with the twin pairs because he felt it
was not eliminating a problem but rather replacing it because when
the train comes all the gates are going down, traffic is going to
be backed up on CR512, it's going to be backed up on U.S.1, and you
have one heck of a time.
Frank DeJoia, 11625 Roseland Road, came before the Board and
spoke against the bringing of traffic from CR512 into Roseland,
whether it be Gibson Street, Powerline Road, or any other road. He
added that the Property. Owners' Association of Roseland, at a
recent general meeting, agreed that the people who live in Roseland
do not want to see traffic diverted to Roseland; they would like to
see that traffic get to U.S.1 somewhere before it gets into the
Roseland area.
Commissioner Bowman advised that the present plan is for
traffic to come out at Jackson Street.
Peter Holyk, Sebastian City Councilman, came before the Board
and reported that just a couple of weeks ago the point made by Mr.
DeJoia came up at the City Council meeting, regarding the traffic
pattern being diverted and connecting to streets in Roseland, and he
understands the concern that Roseland Property Owners have with
regard to increasing traffic in their small community. Mr. Holyk
would like the Commission to keep this in mind in deliberating over
25
APR 16 1991
BOOK 83 FAU 104
APR i61991
E1OOK 83 PAGE 105
the project because there is a lot of industrial property that sits
on the northeast corner of Sebastian parallel to Route One between
130th Street and Gibson Street and that road is almost unavoidable
and it's a shame, and we must keep in mind the interests and wishes
of the Roseland Property Owners but we should not make a mistake as
far as how we're going to route that traffic in an industrially
important property.
Fred Mensing, representing himself, reappeared to discuss the
points brought up by Mr. DeJoia and Mr. Holyk. He wanted to
mention, for the record, that there is over a hundred acres of land
along 130th Street and the road is zoned industrial, and opening
this road up into Sebastian and a residential development is
obviously going to create an industrial traffic flow over the years
as that industrial land develops. He said he is not in favor of
Powerline Road. He described consequences and cautioned the Board
to analyze all options.
Commissioner Eggert asked what studies, if any, have been done
on Powerline-Gibson by staff or by the City of Sebastian.
Director Davis reported the initial phase of the County Road
512 project contained a traffic study that was conducted by Keith
and Schnars which is a well-known consulting firm in Florida with
a specialty in traffic engineering and in master planning. In this
study they looked at the built -out condition of the area,
particularly Sebastian Highlands. They also looked at the
peripheral roads around CR512 including Gibson Street and Powerline
Road and some of the other roads that have been discussed and that
study was approved by the City Council of Sebastian in 1988. It
was a part of their resolution when they supported the twin pair
project and that is basically the document that has preceded the
design phase and has driven the design phase.
Commissioner Scurlock stressed that this has not been done in
a vacuum but rather there has been extensive analyses of the entire
area.
Director Davis agreed and added that there has been debate
both within the Transportation Planning Committee and City Council
meetings and before this Board.
Chairman Bird asked Director Davis if we backed off of the
twin pairs and didn't do the northern leg and went ahead and
utilized the existing alignment and the existing crossing, and so
forth, just did a widening, what would we be talking about to
satisfy our immediate, short term needs.
Director Davis demonstrated with a conceptual drawing and
indicated the twin pairs alignment actually is a very short stretch
of the project, only four thousand feet. If we went with the one -
26
hundred -foot railroad right-of-way acquisition along the existing
portion of County Road 512, that may involve severance damages to
possibly six buildings to the south. The alternative to that is
acquiring right-of-way only to the north, which would probably
impact the used car lot to the north on the U.S.1 side. If we need
more than five lanes in the future -- and the impact statement of
the Sebastian Highlands area is indicating that we will -- then we
would have to acquire even more right-of-way for a seven -lane
facility and that would dump a tremendous amount of traffic onto
U.S.1 in that key intersection. Another point is that intersection
does not operate as a classic four-way intersection because there
is very little length between the river and U.S.1. By separating
the left turn movements with the eleven or twelve hundred feet we
have on the twin pair project, we can mitigate a lot of this
problem.
Commissioner Wheeler wanted to know how much right-of-way we
will need currently at CR512 and U.S.1 under the current plan of
the twin pairs, and how much if you put it all into one section.
Director Davis said no acquisition is needed with the twin
pairs and probably fifty to seventy feet for the alternate of five
to seven lanes.
Commissioner Wheeler commented that there would be opposition
no matter where we go.
Chairman Bird recalled debating the issues last time and the
basic questions were two. The first being economics and it was
indicated that twin pair project was much more cost-effective.
The other factor was safety and transportation or traffic flow, and
it was staff's opinion the twin pairs would help traffic to move
more safely and easily off of U.S.1 east and west. Those were two
main things that convinced him to go with the twin pair.
Director Davis believed that discussions between the FEC
railroad, the consultant, and our staff would zero in on some of
those possible circumstances and we would come back to you with a
recommendation as to whether the twin pairs project would be
compatible with a future grade separation for the railroad bridge.
Discussion ensued as to alternatives 1 and 2 and Commissioner
Scurlock wished to know what exactly is Sebastian City Council's
formal position; have they backed off from the twin pairs concept.
Commissioner Eggert felt it is set out in Mayor Conyers'
letter that they just wish to determine if the twin pairs is
compatible with the railroad bridge concept.
The Chairman did not see where Alternate 2 does anything but
keep our options open and Commissioner Eggert and Commissioner
Wheeler both suggested representatives of Sebastian City Council
ASR 16
991
27
Ar
OP
EPR 16 199
!BOOK 83 Pf E10 7
should be included in the joint conceptual design meeting so they
can get the information firsthand.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously
authorized the County's current CR512 Consulting
Engineer, Kimball Lloyd, Inc., and staff to meet
with the FEC Railroad Chief Engineer, W. S. Stokely
along with representatives from Sebastian City
Council and submit a report on compatibility of the
current Twin Pairs concept with possible future
options, as recommended by Staff.
BELLSOUTH MOBILITY, INC. REQUEST FOR SPECIAL EXCEPTION USE APPROVAL
FOR A TRANSMISSION TOWER
Planning Director Stan Boling made the following presentation:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
Robert M. Keat ng,CP
P
CommunityDevelo m�stt Director
THROUGH: Stan Boling, AICP
Planning Director
FROM: Christopher D. Rison
Staff Planner, Current Development
DATE: April 8, 1991
SUBJECT: BELLSOUTH MOBILITY, INC.'S REQUEST FOR SPECIAL EXCEPTION
USE APPROVAL FOR A TRANSMISSION TOWER
SP -MI -91-03-20
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of April 16, 1991. This item was originally scheduled for
consideration on the April 2, 1991, agenda, but was deferred to
this April 16 meeting.
PROPOSED DEVELOPMENT AND LOCATION:
BellSouth Mobility, Inc. has submitted a request for site plan and
special exception approval for a 350' transmission tower to be
located at 3955 65th Street (South Winter Beach Road), southwest of
the Solid Waste Transfer Station. The subject property is owned by
Indian River County with a small portion leased by BellSouth
Mobility, Inc.
28
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
County 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 considered this project at a
formal public hearing held April 11, 1991 (Please see Attachment #6
for a copy of the Planning and Zoning Commission agenda item.) . At
that meeting, the Planning and Zoning Commission recommended that
the Board of County Commissioners approve the special exception use
with the conditions referenced in the recommendation section of
this report. The Planning and Zoning Commission also approved the
project site plan conditioned upon the Board's approval of the
special exception use. Final approved minutes of the Planning and
Zoning Commission are not available at this time.
ANALYSIS:
1. Size of Property:
Area of Development:
2. Zoning Classification:
3. Land Use Designation:
4. Proposed Building Area:
5. Impervious and
Semi -impervious Area:
6. Open Space Required:
Provided:
19.8 acres
2.93 acres or 127,791 sq. ft.
(Access road, tower fall radius, and
leased parcel for base of tower)
A-1, Agriculture 1 (up to one unit
per five acres)
L-2, Low -Density Residential 2 (up
to 6 units per acre)
314 sq. ft. (equipment shed)
14,346 sq. ft. or 11% of the area of
development.
(Equipment shed, gravel area for
tower base and access road)
76,674 sq. ft. or 60% of the area of
development
113,445 sq. ft. or 89% of the area
of development
7. Traffic Circulation: The site will be accessed from 65th
Street via a single two-way drive. This design has been
approved by the Public Works'Department.
8. Off -Street Parking Required: 1 tower
(2 spaces
per tower)
APR. -
2 spaces
Provided: Standard 2 spaces
Compact 0 spaces
Handicapped 0 spaces
Total 2 spaces
The applicant has proposed providing these spaces as an
unpaved stabilized surface. Due to the probable infrequent
use of the site (infrequent visits by employees), staff agrees
that use of a stabilized surface rather than a paved surface
is appropriate. ,
29
ROOK 83 PAGE IU8
r
APR 16 199
floor 83 FAL �J9'
'9. Stormwater Management: The Stormwater Management Plan has
been approved by the Public Works Department, and a Type "A"
Stormwater Permit will be issued.
10. Landscape Plan and Screening: This project is required to
provide for screening of the lower fifty (50) feet of the
tower to the general public (971.44(1)(e)1] and some general
landscaping in conformance with the County's Landscape
Ordinance [926]. The applicant has proposed that the existing
native vegetation on the County property surrounding the tower
pad be retained to provide the project's required screening
and landscaping. Planning staff acknowledges that this
proposal to retain the existing vegetation will meet
applicable county landscaping and screening requirements;
however, staff recommends that the Board of County
Commissioners formally acknowledge that the existing
vegetation on the County's property will provide screening for
the tower. As such, the existing screening may not be removed
from the site unless an approved alternate screening plan is
approved and implemented.
11. Environmental Issues: Since the parent property is greater
than five acres in size, the project is required to comply
with Comprehensive Land Use Plan (CLUP) Conservation Element
Policy 6.12 which requires or allows:
a. preservation of a minimum of 15% of the total cumulative
acreage of native plant communities which occur on-site;
or
b. reduction of the minimum area of preservation to 10% if
the area to be preserved is established in a contiguous
area approved by the Environmental Planning Department;
or
c. for projects currently consisting of native upland
communities, a fee equivalent to: (the average assessed
value of an acre of the particular habitat type under
consideration) X (the number of acres of habitat
equivalent to the 15% contiguous area that would
otherwise have been set aside).
Environmental Planning staff has determined that four and one
half (4 i) acres of the site are developed or disturbed areas.
The remaining 15.3 acres of the site are covered by native
vegetation. Since Indian River County is the owner of
property surrounding the parcel leased by BellSouth Mobility,
the County, in fulfillment of its lease, must act to
accomplish satisfaction of this requirement. The Board of
County Commissioners must elect which option will be taken
since it is the owner of the property.
The County must determine which of the following options
relating to this specific project will be executed in order to
comply with CLUP Conservation Element 'Policy 6.12 for this
site:
a. Preserve a non-contiguous or linear area(s) equaling 0.44
acres (15% of the 2.93 acre area of development); or
b. Preserve a contiguous area, approved
environmental planning staff, equaling 0.29
the 2.93 acre area of development); or
c. Provide for payment of the Fee -In -Lieu of
for an area equaling 0.44 acres (15% of
development) based on the assessed value of
acre.
30
by County
acres (10% of
Preservation
the area of
the land per
The County Utilities Department and the mm n ing Dis ision
staff recommend that the Board of County Co
option "b", to establish a contiguous 0.29refe consir atiol
area on the site in the area covered by the
radius of the tower. Selecting this option s d covenant
involve
a restrictive covenant for the property,
to include an identification of the specific 0.29 acre area on
the site to be preserved and a conservation notation fnative thatarea
to
be utilized for vegetation. The
covenant would be tied to the tower site in that the
restrictive covenant will terminate when use site towerpis
ialteredin
sis
terminated
dconformance with other Indianapproved the tower is removed, or the Riiver County Land
Development Regulations.
12. Utilities: The project will not be served by public water or
wastewater services. Since the tower facility itl not isit betan
"occupied" site, employees will only periodically
site to conduct maintenance and repairs. Neither the County
Utilities Department nor the Environmental Health Department
object to this proposal.
13. Required Improvements: Pursuant to Section 914.15(2)(b), the
project, as a minor site plan, is exempt from providing
required improvements (i.e. sidewalks).
14. Thoroughfare Plan: No additional right-of-way for 65th Street
is required from the subject property at this time.
15. Concurrency
Management: aeedi
vision has
indicatedtaConcurrency Certificate has been issued for
the project.
16. Specific Land Use Criteria:(971.44(1)(d,e)]
The following specific land use criteria apply to this
application:
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
dmay
ytbe waif ved orr
modified upon a recommendation by
theworks, based upon the following criteria:
a. the the designed
d planfall radius of the tower is and does not impact adjacent uses.
on
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 designated property.
evice
3. beea leance of ast ten any guy (10) feetc from any propertye or similar line.
shall
beline.
4. All accessory structures shall be subject to the height
restrictions provided in Accessory uses, Chapter 917.
5. 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".
31
PR 16 1991
Fir �� F •,.,� L J
Pr
APR le 199
BOOK 03 FACE 111.
6. 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).
7. 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.
8. Suitable protective anti -climb fencing and a landscape
planting screening shall be provided and maintained
around the structure and accessory attachments. Where
the first fifty (50) feet of a tower are visible to the
public, the applicant shall provide one (1) canopy tree
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 of the tower.
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.
12. Applicants shall explain in writing why no other existing
tower facility could be used to meet the applicant's
transmitting/receiving needs. An application may be
denied if existing tower facilities can be used.
13. Towers shall be designed to accommodate multiple users.
14. A condition of approval for any tower application shall
be that the tower shall be available for other parties
and interests. This shall be acknowledged in a written
agreement between the applicant and the County, on a form
acceptable to the county attorney's office, that will run
with the land.
The tower's determined fall radius extends beyond the limits
of the parcel formally leased by BellSouth Mobility, Inc.,
onto the surrounding County owned property. This is
effectively acknowledged in the County's lease to BellSouth
Mobility; however, staff recommends that the Board of County
Commissioners formally acknowledge this again with its
consideration of this item. The applicant, with the County's
acknowledgement that the fall radius extends onto its
property, has effectively demonstrated that all of the
specific land use criteria have been satisfied.
17. Planning and Zoning Commission - Decision and Recommendation:
The Planning and Zoning Commission considered this item in a
formal public hearing on April 11, 1991. A copy of the agenda
item presented by staff is attached (Please see Attachment
#6). At that meeting, the Planning and Zoning Commission
recommended that the Board approve the special exception use
with the conditions referenced in the recommendations section
of this report. The Planning and Zoning Commission also
approved the project site plan conditioned upon the Board's
approval of the special exception use. Final approved minutes
of the Planning and Zoning Commission meeting are not
available at this time.
32
4-
18.
4-
18. Zoning and Land Use of properties adjacent to
parcel:
North: 65th Street & Solid Waster
Station/RM-6 and RS -3, vacant
South: RM -6 and RS -6, vacant
East: IL, industrial building
West: A-1, citrus groves & church
the County
Transfer
RECOMMENDATION:
Based on the analysis performed, staff recommends the Board of
County Commissioners:
1. Grant special exception use approval for the BellSouth
transmission tower; and
2. Acknowledge the following items concerning the transmission
tower site plan:
a. The tower's designated fall radius is permitted to extend
outside of the current lease area onto the County's
property; and
b. The existing vegetation on the County's property provides
the required screening and landscaping for the tower site,
and this screening and landscaping must be maintained
while the tower is located on the site unless an
alternate plan is approved and implemented in the future;
and
3. Approve establishing a 0.29 acre contiguous area on the site,
to be identified by restrictive covenant, to serve as a
conservation area in compliance with Comprehensive Land Use
Plan Conservation Element Policy 6.12 for the tower site plan
and authorize the Chairman to execute the appropriate
documentation to establish the restrictive covenant.
0
mmmG�
bnnm�.�
®
"44,41, vNV oswo4.a-.ar. tt �i zf..a�aa��ai:.�,� a1h. Wfla ss
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y ~ 2
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L. 6C7.126
VC'S 40 29'04 &Mei 0,166
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33
Z
:
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ROO FAH x 1
APR 16 1991
BOOK
Discussion followed regarding the actual property leased and
the amount to be paid yearly for its use.
Alan Gabriel, BellSouth Mobility, Inc., came before the Board
and advised that they have a lease with the County that does
provide for the fall radius as an easement. He demonstrated on the
drawing the yellow leased area (marked with diagonal lines) plus
the pink easement area (marked with vertical lines). He stressed
the easement area is just for fall purposes and it is addressed in
the lease.
Commissioner Scurlock asked if this easement precludes the
County from utilizing that area.
Mr. Gabriel answered no, the County can put anything there it
wants to; it's just an area that is set aside for fall purposes.
He further explained that the tower is designed to fall down upon
itself; it does not fall out and away.
County Attorney Vitunac explained the Utility Department did
not want to lease the whole pink area because they want to use that
for our purposes.
Mr. Gabriel demonstrated on the drawing the extent of the area
they will use and indicated where the monuments for the guy wires
were installed, which is the reason for the easement.
Discussion continued regarding the uses the County might have
for the easement area, the screening requirements, and what exactly
BellSouth would do with the indicated area, and the fact that the
vegetation requirements are part of the Land Development
Regulations.
Assistant Attorney Collins clarified that only part of the
pink area is to be used for the native vegetation preservation area
and since the tower is not designed to fall on the north side of
the property, the intent is to use the area south of the tower for
the 0.29 acre set-aside. Everything except that set-aside area and
where the guy wires are anchored would be available for County use.
Commissioner Eggert suggested clarifying those points in the
lease agreement rather than make it look like the whole thing has
to be kept in native vegetation.
Commissioner Bowman thought that inasmuch as this is a special
exception and this is a very special endangered sensitive area, we
should leave it alone. She added that saving less than three acres
out of almost twenty acres is not her idea of conservation.
Community Development Director Keating commented that Mr.
Collins was referring to the native vegetation set-aside, which is
0.29 acre. There is also another requirement to provide screening
in the lower part of the tower and that can be in the same acres.
Commissioner Eggert quoted "screening and landscaping must be
34
maintained" and asked whether this goes in the pink area, rather
than the yellow area.
Director Keating affirmed that is correct and explained the
yellow area would be completely cleared for the structure, and the
pink area, being the fall distance, can incorporate the screening
area and overlaid on that can be the set-aside area.
Commissioner Bowman noted in regard to the set-aside, this is
a special exception and we can make special requirements and your
15 percent does not amount to anything at all when it comes to the
sandscrub; so, in this case, she would think we can require them to
leave everything, just as we should leave everything the way it is
except for the pink area.
Director Keating pointed out that the 0.29 acre set-aside is
10 percent of just the leased area. If the entire 19 acres came in
for development, then 10 percent of the 19 acres would have to be
set aside.
Director Boling advised of several ways to accomplish the
screening requirement and Attorney Collins commented that, as a
practical matter, the entire site will probably be left in its
native state unless and until the Utility Department or the County,
or whoever has control of that property, proposes additional
development; then permits would have to define exact requirements.
Commissioner Scurlock asked if it is staff's opinion that we
are getting fair value for what we are leasing and Administrator
Chandler confirmed that we are.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
public hearing.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously granted
special exception use, with the conditions set out
and authorized the Chairman to execute the
appropriate documentation, all as recommended by
Staff.
NORTH BEACHES A1A WATER MAIN EXTENSION PRELIMINARY ASSESSMENT ROLL
The hour of 9:05 o'clock A. M. having passed, the Deputy Clerk
read the following Notice with Proof of Publication attached, to
wit:
35
APR 16 1991
r�� F
E301(. C):) F'AL 1.'1
APR 16 1991.
POOK 83 F'"GE �15
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
�Mg/
Atfiant 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 of Tice 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 thi deylloi ��_
^ A D 19 cr,
(!i d .
dlusiness Manager)
(SEAL)
(Clerk of the it t-in®tan 4iver-' o ty;-Florida) •
•
• •
.PUBLIC HEARING — SPECIAL ASSESSMENTS •
• WATER MAIN EXTENSION IN A -1-A FROM THE
NORTHERN END OF JUNGLE TRAIL TO THE
••
t he'iioeid ' ofMcLARTY MUSEUM .:
DATE:
TO:
FROM:
STAFFED AND
PREPARED BY:
SUBJECT:
April 10, 1991
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
WILLIAM F. McCAIN
CAPITAL PROJECTS ENG
DEPARTMENT OF UTILIT S CES
NORTH BEACHES A -1-A WATER MAIN EXTENSION
PRELIMINARY ASSESSMENT ROLL PUBLIC HEARING
IRC PROJECT NO. UW -89 -12 -DS
BACKGROUND:
On `March 26th, 1991, the Indian River County Board of County
Commissioners approved the first and second resolutions associated
with this project. We are now proceeding with the public hearing.
ANALYSIS:
Attached please find Resolution No. 3 for the above -listed project.
The cost per square foot is $0.04064 , and the total cost to be
assessed is $235,864.00.
RECOMMENDATION:
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached resolution and
approve the preliminary assessment.
Capital Projects Engineer McCain demonstrated the boundaries
of the project. He advised that the assessment was done based on
the dimensions shown on the tax Appraiser's maps, and we have not
assessed any submerged land.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
public hearing.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 91-46 confirming the special assessments
in connection with a water main extension in A1A
from the northern end of Jungle Trail to the McLarty
Museum and providing for Special Assessment liens to
be made of record.
37
APR 16 1991
El OC 83 F'AGE-11 -.
APR 16 g991
EOOK 83 FAGE1.1.7
RESOLUTION 91-46 IN ITS ENTIRETY, WITH ASSESSMENT ROLL ATTACHED,
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
RESOLUTION NO. 91- 46
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, CONFIRMING THE SPECIAL
ASSESSMENTS IN CONNECTION WITH A WATER
MAIN EXTENSION IN A -1-A FROM THE NORTHERN
END OF JUNGLE TRAIL TO THE MCLARTY
MUSEUM; PROVIDING FOR SPECIAL ASSESSMENT
LIENS TO BE MADE OF RECORD.
WHEREAS, the Board of County Commissioners of Indian River
County has, by Resolution No. 91-40, adopted March 26, 1991,
determined to make special assessments against certain properties to be
serviced by a water main extension of the County located in A -1-A from
the northern end of Jungle Trail to the McLarty 'Museum; and
WHEREAS, said resolution . described the manner in which said
special assessments shall be made and how said special assessments are
to be paid; and
WHEREAS, the resolution was published as required by Section
11-52, Indian River County Code; and
WHEREAS, the Board of County Commissioners of Indian River
County passed Resolution No. 91-41, on March 26, 1991, which set a
time and place for a public hearing at which the owners of the
properties to be assessed and other interested persons would have the
chance to be heard as to any and all complaints as to aid project and
said special assessments, and for the Board to act as required by
Section 11-53, Indian River County Code; and
WHEREAS, notice of the time and place of the public hearing was
published in the Press Journal Newspaper on Monday, April 1, 1991,
and Monday, April 8, 1991 (twice one week apart, and the last being at
least one week prior to the hearing), as required by Section 11-52,
Indian River County Code; and
WHEREAS, the land owners of record were mailed notices at least
ten days prior to the hearing, as required by Section 11-52, Indian
River County Code; and
38
WHEREAS, the Board of County Commissioners of Indian River
County on Tuesday, April 16, 1991; at 9:05 a.m. conducted the public
hearing with regard to the special assessments,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The special assessments shown on the attached assessment roll are
hereby confirmed and approved, and shall remain legal, valid, and
binding first liens against the properties assessed until paid in
full.
2. The County will record the special assessments and this resolution,
which describes the properties assessed and the amounts of the
special assessments, on the public records, which shall constitute
prima facie evidence of the validity of the special assessments.
The resolution was moved for adoption by Commissioner
S c u r l 0 C k , and the motion was seconded by Commissioner Eggert
and, upon being put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman Gary C. Wheeler Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 16 day of A P r , 1991.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVE COUNTY, FLORIDA
Richard N. Bird
Chairman
By
Jeffre'"1`.--Marto Clerk
Attachment: ASSESSMENT ROLL
The Chairman recessed the meeting briefly at 10:15 A. M. and
the Board reconvened at 10:30 A. M. with all members present.
39
APR 16`991
;. FA -,E 1IS
pR 16 199
BOOK 83 PnuE ll0
PURCHASE OF LOTS 1. 2, AND 14 BLOCK 44 AND LOTS 4 5 AND 11
BLOCK 45 FOR THE PROPOSED COURTHOUSE SITE
County Administrator Chandler made the following presentation:
DATE:
TO:
THRU:
FROM:
SUBJECT:
APRIL 9, 1991
HONORABLE BOARD OF COUNTY COMMISSIONERS
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
RANDY DOWLING
ASSISTANT TO COUNTY ADMINISTRATOR
PURCHASE OF LOTS 1,2, AND 14, BLOCK 44 AND LOTS 4,5, AND 11
BLOCK 45 FOR THE PROPOSED COURTHOUSE SITE
BACKGROUND:
The Board, during its December 18, 1990 regular meeting, approved the
new courthouse site and authorized staff to proceed with land
acquisition. The Board approved and executed Bernice Meyer's (Lots
12 and 13, Block 44), Dave Whitfield's (Lot 3, Block 44), and Janice
Digg's (Lot 10, Block 45) Option Agreements during its February 19,
1991 regular meeting. The Board approved and executed Ed Schlitt,
Trustee's (Lots 1 and 2, Block 45), Ennis and Gay Proctor's (Lot 3.1,
Block 45), and Bernard and Norma Tedeson's (Lot 13.1, Block 45)
Option Agreements during its March 5, 1991 regular meeting. The
Board also approved and executed James and William Harshbargar's
(Lots 4 and 5, Block 44) Option Agreement during the March 12, 1991
regular meeting and Patricia Langbehn-Nelson's (Lots 10 and 11, Block
44) Option Agreement during the April 2, 1991 regular meeting. The
proposed courthouse site consists of 15 parcels and 13 property
owners.
ANALYSIS:
Vero Limited Partnership, owner of Lots 1,2, and 14, Block 44 and
Lots 4,5, and 11, Block 45, has signed a purchase contract to sell
its property for a total of $553,000 which includes a purchase price
of $4o5,000, which is also the appraised value, and severance damages
of $148,000. The severance figure of $148,000 was provided by an
independent architect and based upon the replacement costs of the
drive -up bank teller and associated parking. This property is being
acquired according to Chapter 73 F.S. and the Resolution of
Condemnation. Therefore, a notice and public hearing are not
required.
RECOMMENDATIONS:
Staff recommends the Board approve Vero Limited Partnership's
purchase contract and authorize the Board Chairman to execute the
contract and all other necessary related documents.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
the purchase contract with Vero Limited Partnership
and authorized the Chairman to execute the contract
and all other necessary related documents.
40
1
SAID DOCUMENT IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
Administrator Chandler commented that all of Block 44 that we
need will have now been acquired. He noted that this is the only
property where we have had to pay severance damages, but we are
still well below budget.
COUNTRYSIDE STUDY
Administrator Chandler reported that in following the
Commission's instructions to study documents from '85 forward,he,
of necessity, began reviewing various items in documents prior to
1985, to the extent he is so deeply into the period between 1980
and 1985, he felt it would be valuable to review that period from
1980 to date and present recommendations to the Board. The reason
for bringing it up today is because the Commission specified just
'85 forward. His aim at this point in time is to have a meeting
next week with the representative of Countryside and be in the
position to bring it to the Commission the week after or the
following week.
Commissioner Scurlock concurred with Mr. Chandler and
explained that his motion actually was in two parts with the main
thrust of the motion being that the 1985 agreement is, in fact, the
critical and valid agreement wherein all outstanding prior issues
were resolved, but in order to analyze the terms of that agreement
a review of prior records was necessary. So, if he is only looking
for authorization to do further research, that's fine.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously
authorized Administrator Chandler to review prior
records.
Discussion continued regarding time and volume of information
involved in the research.
Commissioner Scurlock asked the Administrator to confirm that
any information requested by any member of the public has been made
available and that Mr. Chandler has never gotten pressure from Mr.
Scurlock or any member of the Board, or the Board of Commissioners,
to withhold any information from the public.
Administrator Chandler said there has never been that kind of
pressure. He further stated that the only pressure on him is the
time it is taking to review and analyze the documents.
Commissioner Scurlock wanted to establish that fact because of
41
APR 16 1991
BOOK O PAGE I ui
APR 16 99
83 P 121
EOOK r.�r
accusations made by Mr. Nelson that he, Doug Scurlock, had
concealed information. He further wanted to establish that he,
Doug Scurlock, is not involved in the investigation and the
research in any way, and that Mr. Chandler and his staff are
independently pursuing the inquiry and the results will be factual.
Administrator Chandler strongly concurred, adding that is the
only way he can do it.
Commissioner Scurlock wanted this made clear for the public
record, and further noted that if Mr. Nelson continues with these
accusations, he will be hearing from Mr. Scurlock's attorney.
Administrator Chandler emphasized that he is doing a complete
analysis and whatever drops out of the bottom, let the chips fall
where they may.
Chairman Bird reflected upon the voluminous study going on,
the various documents and staff time involved but felt it is the
only way to get the information which he believed will be very
helpful for us.
NIGHT BOARD MEETINGS TO CONSIDER "SECOND ROUND" OF LDR AMENDMENTS
The Board reviewed memo from Planning Direct Stan Boling dated
April 1, 1991:
TO: James Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
JAdt
obert M. Keati g, i,� P
Community Developme Director
._.,.��„
FROM: Stan BolinggICP
Planning Director
DATE: April 1, 1991
SUBJECT: Night Board Meetings to Consider
"Second Round" of LDR Amendments
It is requested that the data herein presented be given formal
consideration by the board of county commissioners at its regular
meeting of April 16, 1991.
DESCRIPTION & CONDITIONS
During its 1990 session, the Florida Legislature made several
changes to local government planning requirements. One such change
which became effective on October 1, 1990 requires two night
meetings of the board of county commissioners whenever changes to
the county's land development regulations (LDR's) are to be
approved.
42
SIP
For that reason, staff has tried to group together LDR amendment
proposal!, as was done in February, to minimize the number of
required night meetings. Recently, George McDowell submitted an
LDR text amendment application. Since that amendment request,
itself, will require two night meetings of the board, the staff has
opted to "piggyback" some additional minor LDR amendments (proposed
by staff and the Professional Service Advisory Committee) with the
McDowell request. In that way the board can address all of the
amendments in just one set of night meetings.
When the board adopted the new LDR's in September, it was
recognized that there would probably need to be minor revisions to
clean up minor problems that were certain to arise. As part of its
adoption motion, the board authorized staff to bring such
amendments back for consideration. To proceed with this process,
the board must now set dates and times for the two required night
hearings.
ALTERNATIVES & ANALYSIS
All of the proposed amendments were considered by the Planning and
Zoning Commission on Thursday, March 28, 1991. The board must now
hold its meetings. State requirements mandate seven day notice
prior to each meeting and at least two weeks between the two
meetings. The meetings must be held after 5:00 PM.
Given the content of the proposed LDR revisions, staff anticipates
little public interest. Consequently, the hearings will probably
be short. One set of meetings dates which would comply with the
state requirements is:
MEETING DATE TIME
1. Wednesday, May 1, 1991 5:01 PM
2. Wednesday, May 15, 1991 5:01 PM
The board may establish any other dates that meet state
requirements.
RECOMMENDATION
Staff recommends that the board establish meeting dates for two
night public hearings required to adopt the proposed LDR
amendments.
Chairman Bird informed the Board he will not be in attendance
on May 1.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously
established dates for two public hearings, May 1 and
May 15, 1991 to begin at 5:01 P. M., as recommended
by Staff.
43
APR 16 1991
EOOK 83 Ft,UE 122
APR i 199
LOO 83 PAL 1.4,6)
APPROVAL OF EMS EMT/D PROJECT AND ACCEPTANCE OF $23,000 IN
DONATIONS FROM SOUTH BEACH RESIDENTS TO IMPLEMENT PROGRAM
Emergency Services Director Doug Wright made the following
presentation:
TO:
FROM:
James Chandler
County A I'nis rator
Doug Wright, Director
Department of Emergency Services
DATE: April 1, 1991
SUBJECT: Approval of EMS EMT/D Project and
Acceptance of $23,000 in Donations From
South Beach Residents to Implement Program
It is respectfully requested that the information contained herein be
given formal consideration by the Board of County Commissioners at
the regular meeting scheduled for April 16, 1991.
DESCRIPTION AND CONDITIONS
For the past few months, Medical Director Roger Nicosia and Emergency
Services staff have been studying the feasibility of improving the
:-.first responder program and planning an EMS project related to
i:..enhancing EMT capabilities to EMT/D status with advanced equipment
!'-and life saving training. The project planned was scheduled to be
included in the budget for FY 91-92 for consideration by the Board of
County Commissioners.
The first consideration was to determine the appropriate location for
the project. Staff decided that Station #6 was suitable since it is
located in an area conducive to the project in terms of population
age, type of calls for which the risk population might benefit from
the enhanced treatment modalities, response time, low volume of fire
runs from the service location, and least impact on other service
locations when out of service. Statistics/data from run sheets and
the E911 data base was utilized in making the decision as to project
location from which the proposed program was to be implemented.
During the time the project was being put together, staff was
contacted by some residents of the South Beach/Moorings area
regarding the possibility of locating an emergency transport vehicle
at Station #6 and staffing it full time with EMS personnel. Staff
conveyed to the residents that sufficient justification did not exist
to staff this service location with EMS personnel at this time. The
residents were apprised of the proposed EMT/D project planned for
inclusion in the FY 91-92 budget, which if approved and funded by the
Board of County Commissioners, would be implemented at some point
during the calendar year of 1992. It was at _this time that the South
Beach/Moorings residents questioned if the project could be
implemented earlier than planned if funds were raised by the citizens
this year. The residents were informed this could be accomplished,
but approval for the project from the Board would be necessary.
The proposed EMT/D Project which has been developed and planned to be
located at Station #6 would require the following equipment:
Advanced Suction Equipment - The ambu suction unit is used to
clear the airway by removing material from the mouth and the
back of the throat. Approximately $600.
44
1111 11111
Advanced Airway Equipment - The EMT/D's will utilize the
esophageal obturator airway. Used in cardiac arrests, this tube
is placed in the esophagus. A balloon at the bottom of the tube
inflates, sealing off the stomach so the air can be forced into
the lungs. Approximately $100.
Portable Jump Gear - Portable medical boxes and vinyl bags will
be utilized so equipment can be easily transported to the
patient. Approximately $350.
Cervical Spine Equipment - Equipment designed and utilized to
protect/immobilize the spinal column with special attention to
the cervical spine. Approximately $350.
MAST Pants (Medical Anti -Shock Trousers) - The MAST pants are
placed on a patient like pants and when inflated, they squeeze
the abdomen and both legs. This medical equipment is primarily
used in trauma or shock treatment maintaining an adequate blood
supply to the vital organs. Adult approximately $800 - Child
$550.
Mechanical Thumper - A mechanical CPR device that can perform
compressions and ventilations better than manual CPR. This unit
is oxygen powered and frees the rescuers to utilize other
equipment and perform other tasks. Approximately $8,000.
Automatic Defibrillator - This device is applied by EMT/D's. It
is automatic and recognizes the patients heart signals,
interprets the rhythm and provides life saving defibrillation
when appropriate. A print out is available for documentation
and review by the cardiologist'at the receiving hospital. This
device is user friendly in that it speaks to the rescuer as well
as provides a printed message. When paramedics arrive, this
device can be used manually saving precious time. Approximately
$7,000.
Stair Chair, Scoop Stretcher, Pediatric Immobilization - These
devices are used to remove patients down elevated stairs,
protect patients with broken bones, and immobilize pediatric
patients with neck and back.injuries. Approximately $1,160..
Assorted Medical Supplies - supplies such as ambu/masks, flow
meters, infant 02 masks, nasal cannulas, non rebreathers, 02
tubing, Pedi 02 masks, EGTA mask, defib pads, armboards,
dressings, burn sheets, B/P cuffs, OB kit, blankets, pillows,
gloves, tapes, etc. Approximately $4,090.
GRAND TOTAL FOR EMT/D EMS PROJECT - $23,000
To provide a first responder vehicle, an emergency services transport
unit now in service would not be retired at this time. The
Department has taken delivery of two new transport vehicles and both
are now in service. This older non -transport unit will be sufficient
for this program during the year the project will be studied and
feasibility determined. In addition to the emergency medical
equipment mentioned above, the emergency vehicle would carry a full
complement of basic life support equipment. This will provide for a
timely response with vastly improved first responder technology to
save lives prior to the paramedics arrival at the emergency scene.
Immediately after meeting with the residents from the South
Beach/Mooring area, Bert Hambleton, Herb Grandage, George Shaw, and
John Taylor began a campaign to raise the funds to initiate the EMT -D
Program. On April 1, 1991, Campaign Coordinator George Shaw advised
staff that in excess of $26,215 had been donated for the project.
45
APR 16 1991
ROOK FAurE te.,,
• 99
tTor 833 PAGE 125
Since staff had earlier advised the residents that the program could
be implemented for a total of $23,000, refunds and checks will be
returned to residents on an equitable basis by the Campaign
Coordinator.
The proposed program is now before the Board of County Commissioners
for consideration and approval as is deemed appropriate.
ALTERNATIVES AND ANALYSIS
Staff has prepared the EMS EMT/D Protocols required to implement the
program in Indian River County on the basis the project is to be
regularly reviewed for possible implementation on a county wide basis,
in the future. The protocols have been submitted to the state for
review and approval as required by Chapter 401, Florida Statutes.
The program can be implemented on a gradual basis over the next few
years and subsequent stations will not require the amount of funding
to put the first unit in service. Essentially, the program consists
of enhancing the training of the fire service first responders and
improving existing equipment now being utilized by Emergency -Medical
Technicians.
The planned project would require additional intense training for the
emergency first responders. Staff has put in final form the
following for implementation of the project:
Developed standards for data collection and analysis as to
project goals and objectives;
Developed the specialized training program for the project and
prepared to initiate immediate training of selected EMT's;
Amended existing medical protocols regarding the use of an
automatic defibrillator and prepared enhanced EMT standing
orders;
Developed a mechanism for interval testing of EMT's to ensure
continued competency and skill proficiency demonstrations; and
Amended current methods of medical control which would include
routine reporting and medical review of each incident of
application through the quality assurance program now in place.
Since the residents have donated to the campaign with the objective
of implementing the program in a very timely manner, staff seeks the
authority to waive bids for the medical equipment referenced above
and purchase the items from the lowest and responsible vendor on an
emergency basis. Implementation of the program by May 15, 1991, can
be accomplished if this recommendation is approved by the Board.
George Shaw and other residents from the South Beach area will be in
attendance at the scheduled meeting on April 16, 1991, with funds in
the amount of $23,000 to be turned over to the County at that time if
the program is approved. Many residents from this area have donated
to this campaign and the citizens mentioned above gave copious time
to raise the funds for this project -they sorely want a year earlier
than it would be available if normal processes were followed.
There is absolutely no doubt that this program will be of significant
value to the EMS system in this county and many lives will be saved
as well as serious injuries will be minimized due to quick and
competent attention by emergency services personnel.
46
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the
proposed EMS EMT/D program, accept the $23,000 in donations from
South Beach residents, and authorize staff to purchase the necessary
medical equipment and items on an emergency basis. This will allow
the program to be in service by May 15, 1991.
Staff will review the program prior to preparation of the budget for
FY 92-93 and inform the Board as relates to recommendations for
continuation and/or expansion of the program to other areas of the
County.
Emergency Services Director Wright reviewed the excess amount
raised by the residents of the South Beach area, explaining that
some continued to make contributions after the goal of $23,000 had
been reached and those excess funds are to be returned. The
gentlemen here today, therefore, are asking the Board to accept the
$25,975 raised and return to them the amount of $2,975 to be
refunded, which would leave the needed balance of $23,000 to
implement the program.
County Attorney Vitunac asked if Mr. Wright wanted to waive
bidding procedures and purchase the equipment on an emergency basis
and Mr. Wright agreed that was part of his recommendation.
George Shaw commented on his participation in the project,
praising the 700 citizens of South Beach who contributed the
$23,000 and commending Doug Wright and his staff. He said it has
been a great experience working on something so important and
successfully completing the project with the help of such fine
people.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
the EMS EMT/D program as outlined, accepted the
$25,975 donated, authorizing the return of $2,975 to
be refunded; approved waiver of bidding procedures
so staff can purchase the items on an emergency
basis; and approved Budget Amendment No. 034, as
follows:
47
P : 199'1
a00K83
FA.GE1J
APR 16 1991
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird
OMB Director
Entry
Number; Funds/Department/Account Name
1 REVENUE
FOOK 83 F",GE i27
SUBJECT: BUDGET AMENDMENT
NUMBER:
DATE:
Account Number
034
April 18. 1991
Increase
Decrease
GENERAL FUND
Donations Paramedics
;001-000-366-102.00
$ 23,000 ,$ 0
EXPENSE
GENERAL FUND/A.L.S.
,Medical Supplies
Expendable Tools
;Other Machinery & Equipment
001-253-526-035.27
,001-253-526-035.26
1001-253-526-066.49
4.090 ;$
3.310
$ 15,600
$
0
0
0
ARCHITECT AND ENGINEERING SERVICES - COURTHOUSE COMPLEX PROJECT
The Board reviewed memo from General Services Director Sonny
Dean dated April 8, 1991:
DATE: APRIL 8, 1991
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVICES
SUBJECT: ARCHITECT AND ENGINEERING SERVICES
COURTHOUSE COMPLEX PROJECT
BACKGROUND:
On Friday, April 5, 1991, the Selection Committee for the subject
project met to hear oral presentations from the five short-listed
firms. The following final short-list was determined:
1. Pierce, Goodwin, Alexander, and Linville
2. Hansen Lind Meyer
3. Spillis Candela and Partners, Inc.
RECOMMENDATIONS:
Staff request authority to negotiate a contract with the firms as
outlined in Florida State Statue 287.055. The contract will be
brought back to the Board for final approval.
48
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized Staff to negotiate a contract with the
firms in the order listed to be brought before the
Board for final approval.
ALLOCATION OF STATE AID GRANT FUNDS
The Board reviewed memo from County Administrator Chandler
dated April 10, 1991:
DATE: APRIL 10, 1991
TO:
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
HONORABLE BOARD OF COUNTY COMMISSIONERS
H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVICES
FROM: MARY D. POWELL, DIRECTOR, IRC MAIN LIBRARY
LYNN WALSH, DIRECTOR, NORTH IRC LIBRARY
SUBJECT: ALLOCATION OF STATE AID GRANT FUNDS
BACKGROUND:
Indian River County will receive $316,491.55 in May from State Aid
Grant Allocation from the State of Florida.
ANALYSIS:
The two new Library Facilities areexperiencing increased usage with
a shortage of staff to supply the increased demand for library
services. New staff positions are required to satisfy this increased
need. Using a portion of the State Aid Grant would allow the hiring
of these positions upon receipt of the monies with the understanding,
they would be tied to the availability of grant monies. No new
positions will be requested from the General Fund for at least two
years. At the end of the Grant Funding, the library staffing needs
would be addressed through the budget process. The remaining State
Aid Funds will be expended on library materials.
IRC Main Library:
Change 3 part time positions to full time
Add 3 full time and 2 part time positions $117,828
North IRC Library:
Add 4 full time positions
RECOMMENDATIONS:
$ 85,298
Staff respectfully requests that the Board of County Commissioners
approve this allocation of Grant Funds. A Budget Amendment will be
brought back to the Board for approval, to cover this request. -
49
APR 16 'i991
f3OOK 8 PAGE i2 '
r
APR i61991
BOOK 83 PAGE 129
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
the allocation of Grant Funds as recommended by
Staff.
Administrator Chandler informed the Board that, in view of the
fact the main library has a problem with the books not being
replaced on the shelves for as long as two days (whereas in North
Library it takes only half a day) he authorized hiring three
positions in advance of the grant. The grant will be received
sometime in the middle of May but he felt this personnel is
critical and essential. The extra expense for retaining these
people early will be about $2500, which amount will be included in
the ultimate budget.
Chairman Bird asked if the addition of these positions will
allow the library to expand its hours and Commissioner Eggert said
it will just allow us to catch up; any further expansion of hours
will have to be covered in our budget. Mr. Chandler added we are
just looking at meeting basic needs from the grant fund and
anything additional would be beyond those funds.
CONTRACT AGREEMENT - C. E. BLOCK
The Board reviewed memo from Golf Course Director Bob
Komarinetz dated April 9, 1991:
50
TO:
Members of the Board
of County Commissioners
DATE: April 9, 1991
SUBJECT: CONTRACT AGREEMEN'IC. K BLOCK
FROM:
Bob Komarine
Golf Course, D
DESCRIPTION AND CONDITIONS
Attached is the Contract Agreement with C. E. Block to design a one-story 7,000 square
foot Clubhouse. This will include the design and layout of the kitchen equipment. The
Clubhouse will also consist of Pro Shop sign up and display area, mens and ladies restroom
facilities, a changing area, and adequate office and storage areas. The restaurant operation
will be a snack• bar concept with seating of about 100-120 people.
In addition to the Clubhouse, it will be necessary to build a Golf Cart storage building
twice the size of the present facility. It will also be necessary to expand the present Golf
Maintenance building to secure the additional maintenance equipment necessary to
maintain the 36 holes.
We have illustrated on the attached schedule the related construction cost estimate along
with the architect's applicable fee.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached
contractual agreement.
County Attorney Vitunac complimented Mr. Komarinetz's very
clear memo and, with the Board's approval, would like to make it
part of the contract.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized the Chairman to execute the Contractual
Agreement with Architect C. E. Block for Clubhouse,
Maintenance, and Golf Storage Buildings located at
Hobart—Kiwanis Sandridge Golf Course as recommended
by Staff and agreed to make said memo a part of the
contract.'
SAID DOCUMENT IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
SANDRIDGE GOLF COURSE NEW 18 — ENGINEERING SERVICES CONTRACT
The Board reviewed memo from Capital Projects Manager Terry
Thompson dated April 8, 1991:
APR
1991
51
H0K 83 PAGE 130
AP 16 1991
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Directo.
ETD 83 PAEE.131
FROM: Terry B. Thompson, P.E.,
Capital Projects Manager
SUBJECT: Sandridge Golf Course New 18
Engineering Services Contract
DATE: April 8, 1991 FILE: sanridge.agn
DESCRIPTION AND CONDITIONS
Staff has successfully negotiated terms of an agreement with
Kimley-Horn and Associates, Inc. for the design of the
Sandridge Golf Course New 18.
The attached agreement provides for retaining an engineering
and surveying consultant to work directly with the existing
golf course architect, Ron Garl, Inc. Consultant services
will include assisting the golf course architect with the
site plan design, acquiring all required permits, designing
drainage facilities, providing structural review of the golf
cart and utility equipment bridges, preparing a parking lot
paving and drainage plan, and extensive surveying services.
The compensation due the Consultant for providing the
services in this agreement is $ 69,800.
ALTERNATIVES AND ANALYSIS
The alternatives are as follows:
Alternative No. 1
Authorize the Chairman to execute the Agreement as
written.
Alternative No. 2
Re -negotiate contract terms.
RECOMMENDATIONS AND FUNDING
Staff recommends approval of Alternative No. 1. Funding is
from Account 418-000-169-018.00.
Golf Course Director Komarinetz went over the procedures
followed in sending out RFPs and review of the presentations by the
selection committee to arrive at the choice of Kimley-Horn as the
number one candidate. He advised that they brought in Jim Davis
from Public Works to do the final scope of services. Jim and his
Department spent hours on it and we feel comfortable with the final
document defining the scope of services, dollar amounts,
environmental issues, and so forth.
Commissioner Wheeler understood there were three firms short-
listed but only two interviewed.
52
Mr. Komarinetz clarified that the two firms were tied as
opposed to being first and second, and the third firm was dropped
from consideration.
Administrator Chandler explained that because of the time
limit and the need for design and the time limit on financing this
was authorized by the Board and was done without CCNA.
Attorney Vitunac advised the CCNA just requires you read the
written material. You don't have to interview, you can choose from
just the written material, and they chose to interview the two
firms since it was a tie vote.
Commissioner Scurlock had numerous questions in regard to
contracting engineering services for a lake to be used in
connection with the County wastewater system and effluent disposal
and clearly defining the scope of services to interface that
engineering with the engineering needed to work with Mr. Garl on
the golf course lakes.
Administrator Chandler agreed that if there's going to be any
question, it is going to have to be closely coordinated between the
utilities engineer and the golf course engineer because the golf
course engineer is going to be looking at this from his perspective
relative to its effect on the golf course, and St. Johns and the
Utilities Consultant relative to use of the effluent. There is no
question that neither one operatesin a vacuum and that is not our
intent.
Commissioner Scurlock was concerned because the specific
points are not spelled out in the contract. He realized Mr. Pinto
has clearly in his mind what he wants but it does not seem to be
addressed in the documents.
Discussion continued at length regarding delineating the
responsibilities of each engineering consultant and also as to
which lake is to be designed by which engineer. Director Davis and
Director Keating indicated these points had been covered in
discussions with the consultant, but Commissioner Scurlock and
Commissioner Eggert specifically wanted it spelled out in the
contract. Question arose about the emergency nature of this
contract, and Chairman Bird explained we have to get the
engineering started to meet the timetable; the architect has to
have certain data to begin the drawings; and we need to get started
with various permitting processes as soon as possible.
Commissioner Scurlock said, if time is of the essence, he
would not mind approving it at this time contingent on Mr. Chandler
signing off on it.
Mr. Chandler said that was fine.
53
APR 16 199
BOOK 83 fAE .ic1+2
APR 16 1991
BOOK. 83 PAGE 1 6
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the engineering professional services and land
survey agreement with Kimley-Horn, contingent upon
Mr. Chandler adding the language necessary to
delineate responsibilities, as was discussed.
SAID DOCUMENT IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
FLORIDA DOT 1992 STATE TRANSPORTATION NEEDS ASSESSMENT
The Board reviewed memo from Public Works Director Davis dated
April 9, 1991:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,—p
Public Works Director h
SUBJECT: Florida DOT 1992 State Transportation Needs
Assessment
SR60 Improvements West of I-95
CR512 Railroad Bridge
DATE: April 9, 1991 FILE: needsdot.agn
Staff has recently attended meetings with the Florida DOT to
provide comments on a State Transportation Needs Assessment.
As a result of our participation, the following projects
have been identified as needed by 2011.
1991 - 2001 Plan
US 1 Add two lanes from Oslo Road to CR512
SR60 Widen & Replace Merrill Barber Bridge
I-95 Add two lanes
CR512/US1 Construct Railroad Bridge over CR512
US 1
SR60 Add two lanes from I-95 to Osceola
County Line
Final comments on the Needs Assessment study are due April
15, 1991. If you have any comments, please contact me at
407-567-8000, Ext. 245.
2001 - to 2011 Plan
Add two lanes from CR512 to'Brevard
County Line
54
Director Davis explained this was an informational update and
notification to the Board that our comments are being included in
the plan the DOT is submitting to Tallahassee.
Commissioner Bowman emphasized her concern regarding Route 60
and asked what we have to do to get it on their active list.
Director Davis had an additional comment regarding State Road
60. He said he had transmitted in a letter the Board's directions
to him at previous meetings to try to expedite State Road 60, and
on April 10th he had received a letter from Rick Chesser basically
stating they do concur with the need to widen State Road 60; they
have included it in the Florida Intrastate Highway System Plan; and
they have been taking steps to provide funds for preliminary
engineering, environmental assessment and right-of-way acquisition
in their current work program, so they are considering it at this
time. They also addressed our comment regarding toll funding and
stated that traffic volumes may be low to finance a toll facility,
and federal and state primary roadway policy is to continue
existing urban and rural arterials without tolls.
Discussion continued on the need for widening State Road 60
and Director Davis reported that the widening project, which covers
12.7 miles through the St. John's Marsh area, is going out to bid.
INDIAN RIVER BOULEVARD PHASE III
The Board reviewed memo from Capital Projects Manager Thompson
dated April 5, 1991:
55
t P \ 16 1991
a001( 83 FACE 134
'OD 6 1991
BOOK
83 F4E 1 J5
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.,4
Public Works Director 0
FROM: Terry B. Thompson, P.E.
Capital Projects Manager
SUBJECT: Indian River Boulevard Phase III
Amendment No. 6
RE: Letter from Charles M. Green, Boyle Engineering
Corporation to James W. Davis
Dated February 11, 1991
DATE: April 5, 1991
DESCRIPTION AND CONDITIONS
On January 22, 1991, the Board of County Commissioners
'authorized additional engineering services at a compensation
not to exceed $20,000.
Boyle Engineering proceeded with the work as authorized by
Amendment No. 5 and found that the initial cost
determination of $20,000 was not sufficient. The attached
letter from Charles M. Green dated February 11, 1991
explains why Boyle Engineering is requesting that the not to
exceed amount be increased to $26,500.
Boyle Engineering is also requesting that the County amend
the Professional Services Agreement to increase the
deductible' on professional liability insurance from a
maximum of $200,000 to a maximum of $300,000. Risk
Management has advised that the County can allow a $300,000
maximum deductible on the $3,000,000 errors and omissions
insurance if the firm can cover the increased limit. The
attached financial statement from Boyle Engineering
indicates 'that the firm can cover a $300,000 maximum
deductible.
ALTERNATIVES AND ANALYSIS
The alternatives are as follows:
Alternative No 1
Authorize Amendment No. 6 increasing the not to
exceed amount of Amendment No. 5 to $26,500 and
the deductible on professional liability insurance
to a maximum of $300,000.
Alternative No 2
Do not authorize an increase in the not to exceed
amount of Amendment No. 5 or in the deductible on
professional liability insurance.
RECOMMENDATIONS AND FUNDING
Alternative No 1 is recommended whereby the attached
Amendment No. 6 is approved. •Funding to be from Account
309 - North Indian River Boulevard.
56
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously
authorized Amendment No. 6 to the Professional
Engineering Services Agreement dated September 23,
1986 as recommended by Staff.
SAID DOCUMENT IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
APPRAISAL SERVICES FOR INDIAN RIVER BOULEVARD PHASE IV
The Board reviewed memo from Capital Projects Manager Thompson
dated April 8, 1991:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Terry B. Thompson, P.E.
Capital Projects Manager
SUBJECT: Appraisal Services for Indian River Boulevard
Phase IV
DATE: April 8, 1991 FILE: irbiv.agn
DESCRIPTION AND CONDITIONS
Appraisal services are required for proposed right-of-way
takings on 41st Street and 45th Street between Indian River
Boulevard and US 1.
Staff has requested proposals from three firms as follows:
FIRM
FEE TIME
Callaway & Price, Inc. $ 22,150 60 - 90 days
Armfield-Wagner Appraisal & 17,600 60 days
Research, Inc.
Napier Appraisal Services 10,500 90 - 120 days
Due to the quality of service provided by Napier Appraisal
Services on past projects, staff recommends that the County
contract with Napier to perform the work at the low quoted
fee of $10,500.
57
APR 16 1991
EOOK 3 F' [,E .�,P. t
D 1:5 91
BOOK 83 f E iJ G
Appraisal services fall under the category of professional
services that are not subject to CCNA. The new County
Purchasing Manual requires that professional services not
subject to CCNA be procured utilizing CCNA procedures
without CCNA fee restrictions. Prior to the new Purchasing
Manual, appraisal services were procured using informal
bidding procedures whereby written quotes were requested
from local appraisers. In order to expedite acquisition of
right-of-way, staff requests that appraisal services be
exempt from the requirements of the purchasing manual and be
procured through informal bidding procedures.
ALTERNATIVES AND ANALYSIS
The following alternatives are presented:
Alternatives No. 1
Exempt all appraisal services from CCNA procedures and
contract with Napier Appraisal Services, to perform the
work at a cost of $10,500.
Alternative No. 2
Bid the work through the Purchasing Department using
CCNA procedures.
RECOMMENDATIONS AND FUNDING
Staff recommends Alternative No. 1 whereby the County
contracts with Napier Appraisal Services at a cost of
$10,500. Funding to be from Account 309 -Indian River
Boulevard North.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously agreed
to exempt all appraisal services from CCNA procedure
and authorized a contract with Napier Appraisal
Services at a cost of $10,500 as recommended by
Staff.
Chairman Bird questioned whether hiring a non -AIA firm might
turn out to be important in a situation where we might have to
defend the appraisal in court. Assistant County Attorney Collins
understood that MAI and SRA merged into one organization and it
should not make a difference and County Attorney Vitunac added that
a new state law forbids us from requiring a certain designation
when we hire appraisers.
SELECTION COMMITTEE FOR TESTING SERVICES
The Board reviewed memo from Capital Project Manager Thompson
dated April 8, 1991:
58
TO: James E. Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Directo
FROM: Terry B. Thompson, P.E.
Capital Project Manager
DATE: April 8, 1991
SUBJECT: Selection Committee for Testing Services
Indian River Boulevard Phase III
Professional engineering and testing services are required for
the construction of Indian River Boulevard from SR 60 to Barber
Avenue (37th Street). The attached notice was sent to all local
engineering and testing firms on April 5, 1991.
The schedule calls for the selection committee to "short-list" to
three or four consultants by May 10th, interview "short-list"
firms on May 17th, and forward: recommendations to the Board on
May 28th.
I recommend that the selection committee be comprised of the
following people:
County Commissioner as Approved by Board
Terry Thompson, Capital Projects Manager
Wilson Weatherington, Field Operations Coordinator
Funding for testing services to be from 309 -Indian River
Boulevard North.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
that the selection Committee for testing services be
comprised of County Commissioner Margaret Bowman,
Capital Projects Manager Terry Thompson, and Field
Operations Coordinator Wilson Weatherington as
recommended by Staff.
RESOLUTION APPROVING SUBMITTAL OF A GRANT APPLICATION UNDER THE
STATE FY 1992/93 BEACH EROSION CONTROL ASSISTANCE PROGRAM
The Board reviewed memo from Capital Projects Manager Thompson
dated April 5, 1991:
59
APR 16 1991
t'OOK 83 PAGE
3 L
APR 16 1991
',TUr 83 F„,,[13,9
TO:
THROUGH:
FROM:
SUBJECT:
James E. Chandler,
,County Administrator
James W. Davis, P.E.,
Public Works Director
Terry B. Thompson, P.E <j
Capital Projects Manager
Resolution Approving the Submittal of a
Grant Application Under the State of
Florida FY 1992/93 Beach Erosion Control
Assistance Program
DATE: April 5, 1991
. 'DESCRIPTION AND CONDITIONS
On June 12, 1990, the Board
a resolution authorizing
_'application under the FY
Assistance Program. The
following improvements:
of County Commissioners approved
the submittal of a grant
1991/92 Beach Erosion Control
application provided for the
1. Dune maintenance at Wabasso Beach Park.
2. Dune maintenance and walkover at Golden Sands
Park.
3. Five (5) dune walkovers at Treasure Shores
Park.
The estimated cost to the State for these improvements is
$244,575. (75%) and to the County is $81,525. (25%), for a
total estimated cost of $326,100.
On August 28, 1990, the Florida Governor and Cabinet
approved funding for this project in the FY 1991/92
Department of Natural Resources' (DNR) Fixed Capital Outlay
Budget. The DNR has submitted this Capital Outlay Budget to
the Florida Legislature for approval.
In view of the financial problems being experienced by the
State, it is questionable whether or not funds will be made
available for this project in the FY 1991/92 Florida Beach
Erosion Control Program.
The Division of Beaches and Shores, will be accepting
project applications for the FY 1992/93 DNR Fixed Capital
Outlay Budget through May 1, 1991. Staff recommends that
the County resubmit the attached updated application for
consideration in the DNR's FY 1992/93 budget. This action
will ensure legislative funding consideration for FY 1992/93
if funding is not made available in FY 1991/92.
RECOMMENDATIONS AND FUNDING
Staff recommends that the Board adopt the attached
resolution, authorizing the submittal of an application
under the State Florida Beach Erosion Control Assistance
Program for the purpose of requesting State financial
assistance.
Funding to be from Account '1001-210-572-033.13.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution No. 91-47, approving the Submittal of an
Application under the State of Florida Beach Erosion
Control Assistance Programs.
60
RESOLUTION NO. 91-47
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA
APPROVING THE SUBMITTAL OF AN APPLICATION
UNDER THE STATE OF FLORIDA BEACH EROSION
CONTROL ASSISTANCE PROGRAM
WHEREAS, Indian River County has had damage to structures
and/or coastal lands by storms and erosion in areas of public
lands, and
WHEREAS, the State of Florida has established a Beach
Erosion Control Assistance Program providing for financial
assistance for erosion control and preservation of the sandy
beaches within the State.
NOW THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, as follows:
1. The County, as local sponsor, hereby approves the
submittal of an application under the Beach Erosion
Control Assistance Program for the purpose of
requesting State financial assistance with
implementation of erosion control improvements within
Indian River County at Wabasso Beach Park, Golden Sands
Park, and Treasure Shores Park.
2. The County hereby designates Michael Walther, P.E. of
Coastal Technology Corporation, as the Project Engineer
and Agent for the purpose of preparing and processing
this application on behalf of the County.
3. The County agrees to implement the beach improvement
program under the procedures set forth in the Florida
Administrative Code.
The foregoing resolution was offered by Commissioner Scurlock
and seconded by Commissioner Eggert ,and, being put to a
vote, was as follows:
Chairman Richard N. Bird Aye
Vice Chairman Gary C. Wheeler Aye
Commissioner Margaret C. Bowman Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Don C. Scurlock, Jr. Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 16 day of April , 1991.
INDIAN RIVER COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COMMISSIONERS
Richard N. Bird, Chairman
RESOLUTION 91-47, WITH ATTACHMENTS, IS ON FILE IN THE
OFFICE OF CLERK TO THE BOARD
61
APP , 31991
ROOK 83FA, G t
APR i 199
a001(. Pa,r .�41
Public Works Director Jim Davis wished to advise the Board
that the U.S. Navy had contacted him regarding their ability to
mobilize immediately to remove the tank trap obstacles in the surf
in the South Beach area and he has made arrangements to supply a
bulldozer and front-end loader to take the hazardous objects out of
the surf.
Chairman Bird wanted to announce, while we were on the subject
of parks, the groundbreaking for Treasure Shores Park on North A1A
will be at 3:30 tomorrow, with everyone invited. He also announced
the City Park in the Fingers and River House were being opened the
same day; so, it's a big day for Parks and Recreation.
FINAL RESOLUTION - POTABLE WATER MAIN - U.S. 1 FROM 10TH STREET TO
SOUTH RELIEF CANAL
The Board reviewed memo from Capital Projects Engineer William
McCain dated April 1, 1991:
DATE:
TO:
FROM:
APRIL 1, 1991
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
TERRANCE G. PINTO
DIRECTOR OF UTILITY RV ES
PREPARED WILLIAM F. McCAIN
AND STAFFED CAPITAL PROJECTS ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
FINAL RESOLUTION
SUBJECT: POTABLE WATER MAIN - U.S. 1 FROM 10TH STREET TO
SOUTH RELIEF CANAL
INDIAN RIVER COUNTY PROJECT NO. US -87 -05 -DS
BACKGROUND
The Department of Utility Serviceshas made the final payment to the
Department of Transportation for the above -listed job. Therefore,
we are now proceeding with the final assessment for this project and
are seeking approval of Final Resolution.
ANALYSIS
The final assessment is in the amount of $157,116.50, at a cost per
square foot of $.34110083. This equates to about a 20% reduction in
the assessment. (See attached Final Resolution and accompanying
assessment for details.)
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the As -Built Resolution for
the final assessment role on this project.
62
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 91-48 certifying "As -Built" costs for
water main on U.S.1 between 10th Street and the
South Relief Canal, as recommended by Staff.
RESOLUTION NO. 91- 4R
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, CERTIFYING "AS -BUILT" COSTS FOR
INSTALLATION OF A POTABLE WATER MAIN ON
U.S. #1 BETWEEN 10TH STREET AND THE SOUTH
RELIEF CANAL DESIGNATED AS PROJECT
UW#87-05-DS AND OTHER SUCH CONSTRUCTION
NECESSITATED BY SUCH PROJECT; PROVIDING
FOR FORMAL COMPLETION DATE, AND DATE FOR
PAYMENT WITHOUT PENALTY AND INTEREST.
WHEREAS, the Board of County Commissioners of Indian River
County determined that the improvements for .the property located
within the boundaries described in this title were necessary to promote
the public welfare of the county; and
WHEREAS, on October 18, 1988, the Board held a public hearing
at which time and place the owners of property to be assessed appeared
before the Board to be heard as to the propriety and advisability of
making such improvements; and
WHEREAS, after such public hearing was held the County
Commission adopted Resolution No. 88-106, which confirmed the special
assessment cost of the project to the property specially benefited by
the project in the amounts listed in the attachment to that resolution;
and
WHEREAS, the Director of Utility Services has certified the actual
"as -built" cost now that the project has been completed is less than in
confirming Resolution No. 88-106,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. Resolution No. 88-106 is modified as follows: The completion date
for the referenced project and the last day that payment may be
made avoiding interest and penalty charges is ninety days after
passage of this resolution.
2. Payments bearing interest at the rate of 12% per annum may be
made in five annual installments, the first to be made twelve
months from the due date. The due date is ninety days after the
passage of this resolution.
AN 16 1991
63
eooK 83 PAGE i4 -
APR 16 199
ElUOK 1 FAGS I43
3. The final assessment roll for the project listed in Resolution No.
88-106 shall be as shown on the attached Exhibit "A."
4. The assessments, as shown on the attached Exhibit "A," shall
stand confirmed and remain legal, valid, and binding first liens
against the property against which such assessments are made
until paid.
5. The assessments shown on Exhibit "A," attached to Resolution No.
88-.106 were recorded by the County on the public records of
Indian River County, and the lien shall remain prima facie
evidence of its validity.
The resolution was moved for adoption by Commissioner
Scurlock , and the motion was seconded by Commissioner Eggert ,
and, upon being put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman Gary C. Wheeler Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 16 day of April , 1991.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
est:
'1- Z0 By
JefK: 'Ba ton, Cle k
Attachment: ASSESSMENT ROLL
Richard N. Bird
Chairman
RESOLUTION 91-48 WITH ATTACHED ASSESSMENT ROLLS IS ON FILE IN THE
OFFICE OF CLERK TO THE BOARD
WESTERN EFFLUENT DISPOSAL SYSTEM
The Board reviewed memo from Capital Projects Engineer William
McCain dated April 1, 1991:
64
DATE:
TO:
APRIL 1, 1991
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
PREPARED WILLIAM F. McCAIN
AND STAFFED CAPITA I.:JECTS ENGINEER
BY: DEPA 0� TILITY SERVICES
SUBJECT: WESTERN EFFLUENT DISPOSAL SYSTEM
',BACKGROUND
Several years ago, the County Department of Utility Services
embarked on a citrus reuse program. We are currently involved in a
reuse application study as a joint venture with the University of.
Florida, St. John's Water Management District, and ourselves. The'
study is proceeding on schedule; however, we currently find
ourselves in immediate need of additional effluent disposal. We
have decided to proceed with the construction of an effluent
delivery system to serve both grove irrigation and an additional
300,000 gallons per day percolation pond west of I-95.
,ANALYSIS
We must now upgrade and modify the existing plans and specifications
for the project (i.e., possible route change, different delivery
pumps, etc.). The immediate need for disposal is 1 million gallons
per day, 300,000 GPD will come from the ponds, leaving 700,000 GPD
to potentially go to grove owners. We have negotiated a Work
Authorization with Camp Dresser & McKee (the original design
engineers) to make necessary changes to the project, along with
grove owner meetings. Please see the attached scope of services
(Attachment A) for details of services. The cost for these
engineering services is set up in three parts, basic services of
$12,570.00, with two other areas of service on an as -needed basis
(cost element two and three @ $5,000.00 each). We would also like
to proceed with an appraisal of the proposed percolation pond site
for purchase (see attached location map).
Funds for this work will come from the Impact Fee Fund.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve both the attached Work
Authorizations with Camp Dresser & McKee and authorize the appraisal
for purchase of the percolation pond site.
Utilities Director Terry Pinto explained it is really not a
new project; it is updating the existing design and continuing the
negotiations that are going to be necessary to go to the grove
owners. The interview selection process was to look at
qualifications, not bid the project; so we are looking at
qualifications for something that was already designed. Mr.
Pinto's recommendation is to stay where we are but he would follow
the wishes of the Board.
65
APR 16 199
6�
aoo e EK,E
APR 16 199
BOOK 8 FAut 14c.�
Attorney Vitunac advised he had looked at the agreement and it
is a part of the original project for which we already chose this
engineering firm; this is just another work order. The Board,
however, could end the project and go with a new engineering firm.
Commissioner Wheeler asked whether Mr. Pinto had any problem
with the present situation and Mr. Pinto stated he felt it would be
in the best interest of the County in this case to stay with the
present firm.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously both
approved the Work Authorization and authorized the
appraisal for purchase of the percolation pond site
as recommended by Staff.
SAID DOCUMENT IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
APPLICANT'S AGREEMENT - RUSSELL CONCRETE, INC.
The Board reviewed memo from Utility Services Director Terry
Pinto dated April 8, 1991:
DATE:
TO:
FROM:
STAFFED AND
PREPARED BY:
APRIL 8, 1991
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
TERRAN G. PINTO
D ECT ' R OF Y IL i Y SERVICES
H. ". 'OSTER, P.E.
ENVIRONMENTAL ENGINEER
DEPARTMENT OF UTILITY SERVICES
SUBJECT: APPLICANT'S AGREEMENT - RUSSELL CONCRETE, INC.
BACKGROUND:
The applicant, Russell Concrete, Inc., applied for rezoning of a 3.2
acre tract (see attached) from A-1, Agricultural District (maximum 1
unit/5 acres) and RM -6, Multi -Family Residential District (maximum 6
units per acre) to IG, General Industrial District. The application
was approved by the Board of County Commissioners on March 19, 1991.
ANALYSIS:
In compliance with the Indian River County Concurrency Management
System (CMS), the applicant has agreed to provide the necessary
water and sewer plant capacities in a manner acceptable to the
County and, further, shall connect to the County system and pay the
then -current impact fees when such facilities become available.
Upon such connection to County facilities, the utility system(s)
provided by applicant shall be abandoned.
RECOMMENDATION:
The Department of Utility Services recommends approval of the
attached Applicant's Agreement.
66
County Attorney Vitunac explained this is the first
concurrency form that has come through the Board of County
Commissioners. The staff is bringing each one of these to the
Board so the Board can see what it's like and if, in the future,
the Board is inundated with these, the staff can sign them.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously approved
the Applicant's Agreement with Russell Concrete.
SAID DOCUMENT IN ITS ENTIRETY IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
LIFE FOR YOUTH RANCH
The Board reviewed memo from Utility Director Terry Pinto
dated April 10, 1991:
DATE:
TO:
FROM:
APRIL 10, 1991
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
TERRANCE G. PI
DIRECTOR OF UTILIICES
STAFFED AND HARRY E. ASHER
PREPARED BY: ASSISTANT DIRECTOR OF UTILITY SERVICES
'SUBJECT: LIFE FOR YOUTH RANCH
BACKGROUND:
.The Department of Utility Services met with Mr. Dick Stevens,
Director, Life for Youth Ranch, at various times during the month of
March .1991, and reviewed the water and wastewater requirements to
serve his facility. As a result of these meetings, Mr. Stevens was
advised of the.. currently approved impact fee financing plan
available (five-year with monthly payments @ 12 percent interest).
We have reviewed Mr. Dick Stevens' correspondence dated March 25,
1991, (copy attached) in which he requests relief in the time of
payment and in interest charged for the impact fees.
,ANALYSIS:
Mr. Stevens executed on March 28, 1991, our standard 5 -year - 12
percent interest -impact fee financing agreement to finance the water
and sewer impact fees required for his connection to Indian River
County service (copy attached).
67
APR 16 1991
EDCK 83 FA6E
A
1991
!Ion(83 PAGE 147
This 5 -year agreement is the only currently approved option
available for financing of the impact fees for the Life for Youth
Ranch.
Mr. Stevens is therefore requesting a longer term than 5 years and a
lower interest rate than 12 percent.
RECOMMENDATION:
The Department can only recommend the currently approved financing
plan which Life for Youth Ranch has executed on March 28, 1991.
Mr. Pinto explained that there is another facet to this
particular situation. This site has had a private water system
that was servicing individual buildings, and under the ordinance
actually they should have been franchised with the operation. In
view of this, he believed the Board has leeway, as has been done
for mobile home parks, to approve 10 -year financing.
Commissioner Scurlock related discussions by the Commission in
regard to longer payment programs offering reasonable interest
rates and stated he does support longer, more flexible payment
periods for everybody, not just the church. After research, he
felt our current interest rate of 12% should be reconsidered.
Discussion followed as to tying this to the prime rate but
Director Pinto argued that we do not want it fluctuating that much.
Commissioner Wheeler recalled the Commission had always taken
the position that we did not want to be in the finance business and
had encouraged folks to go the bank for lower interest rates.
Discussion continued regarding ways and means of financing
utilities and the County's policies regarding same.
Commissioner Wheeler asked for clarification on the interest
rate recommended for this applicant and Mr. Pinto recommended the
Life for Youth Ranch financing be for ten years at nine and three
quarters percent, which is the same as that offered to mobile home
parks.
MOTION WAS MADE by Commissioner Wheeler, SECONDED by
Commissioner Bowman, to approve amending the
financing plan which Life for Youth Ranch executed
on March 28, 1991 to reflect 9-3/4% interest for a
term of 10 years.
Discussion continued. Chairman Bird asked who is eligible and
who is not for that type financing and Mr. Pinto answered it
applies to any utility that is franchised which we are taking over
or connecting to the County utility. It was just recently offered
to the mobile home parks that are being connected. He further
explained that the individual customers in our assessments are
paying twelve percent but that is adjustable by the Board.
68
Commissioner Scurlock commented that presents a potential cash
flow problem and Chairman Bird suggested the rate should be looked
at periodically.
Chairman Bird asked Dick Stevens, Director of Life for Youth
Ranch, if he wished to address the Board and Mr. Stevens indicated
his approval of the new financing terms, which he had prayed for.
THE CHAIRMAN CALLED FOR THE QUESTION
It was voted on and carried unanimously.
SAID DOCUMENT IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
REQUEST TO SCHEDULE PUBLIC HEARING TO ADOPT SUPPLEMENTARY ORDINANCE
The Board reviewed memo from Assistant County Attorney Will
Collins dated March 26, 1991:
TO: The Board of County Commissioners
FROM: W William G. Collins II - Assistant County Attorney
DATE: March 26, 1991
SUBJECT: Supplementary Ordinance and Rule Dealing With
Environmental Health
The Environmental Health Department has forwarded a proposed
ordinance and rule. The ordinance would be adopted by the Board of
County Commissioners. The Rule would be adopted by the Board of
County Commissioners sitting as the Environmental Control Board.
It is the opinion of this office and the Environmental Health Department
that this ordinance and rule adds no powers not already available under
Section 7 of the Special Act creating the Environmental Control Board.
In subsection (1) of Section 7 of the Environmental Control Act, the
environmental control officer is given the duty and power of "enforcing
the provisions of this act and county ordinances, adopting enforcement
procedures provided herein, and rules promulgated, and all laws of the
state and rules of state agencies, including the Department of
Environmental Regulation and the Department of Health and
Rehabilitative Services, pertaining to environmental control.
The proposed ordinance in Section 3 expands the adoption by reference
to include other agencies not specifically listed in the Special Act, such
as DNR, St. Johns River Water Management District, the Division of
Forestry, and the, Departments of Business and Professional Regulation.
69
AP 16 19%
POCK 83 PA E i48
RPR JO t99
a00K s FA L i4
Although local counsel feels that this revision to the ordinance and rule
provides no powers not already available, the State Department of
Environmental Regulation legal counsel have insisted that the reference
be made and adopted by local ordinance, or continued DER funding of
our local underground storage tank inspection program could be
jeopardized. Assistance of the State DER is substantial, and the
Environmental Health Department determined that it would be wiser to
adopt a redundant ordinance than to jeopardize the financial assistance
of the State.
RECOMMENDATION:
Authorize advertising for public hearing the attached ordinance and
rule. (The ordinance and rule incorporate by reference the rules of
listed State agencies . )
Attorney Vitunac suggested May 7 for the public hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized advertising a public hearing on the
Supplementary Ordinance proposed by the
Environmental Health Department for May 7, 1991.
INDIAN RIVER LAGOON NATIONAL ESTUARY PROGRAM CONFERENCE AGREEMENT
The Board reviewed memo from County Administrator James
Chandler dated April 8, 1991:
70
TO: Board of County Commissioners DATE: April 8, 1991 FILE:
THRU: James E. Chandler 7,-e
County Administrate
FROM: Randy Dowling EFERENCES:
Asst to County Administrator
INDIAN RIVER LAGOON
SUBJECT: NATIONAL ESTUARY
PROGRAM CONFERENCE
AGREEMENT
BACKGROUND
The Board of County Commissioners appointed Commissioner Bowman to serve
as the Board's representative to the Indian River Lagoon National Estuary
Program's (IRLNEP) Policy Committee. This and other IRLNEP committees
have prepared a management conference agreement regarding the lagoon. The
agreement, in essence, recognizes the need for a management conference on
the Indian River Lagoon system to better define the environmental concerns in
the system; to address the extent, complexity and sources of pollutants; and
to develop a comprehensive conservation and management plan for action.
The agreement further recognizes that the state, regional, and local
governments as well as the Environmental Protection Agency share the
responsibility for management decisions and allocation of resources regarding
priority issues in the system.
CURRENT
The IRLNEP's conference agreement has been finalized and is ready for the
Policy Committee members' signatures. In signing this agreement, the Policy
Committee members and the entities the members represent are committing to
products and schedules in the agreement's five year workplan.
RECOMMENDATION
Staff recommends the Board authorize Commissioner Bowman to sign the
IRLNEP's management conference agreement on behalf of Indian River County.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized Commissioner Bowman to sign the IRLNEP
Management Conference Agreement on behalf of Indian
River County as recommended by Staff.
SAID AGREEMENT AVAILABLE FOR REVIEW IN OFFICES OF
BOARD OF COUNTY COMMISSIONERS
71
APR 16 1991
BOOK
83 PAGE 150
16 1991
RUO 83 F4,LE151
TREASURE COAST REGIONAL PLANNING - UPLAND POLICY
Commissioner Eggert informed the Board that another upland
policy is being presented by the TCRPC, and it gets more complex
with every new policy. They now have put under 10.1.2.5, "a 25% of
each upland habitat which occurs on site...etc...to be set aside."
This would be primarily for DRIs because later on it allows us to
function under our policy for other things. Her question is: was
it the intent of this Board in setting up the current policy we
have in our Comp Plan to exclude larger properties from our 15/10%
and allow them to do the 25%, or was it the desire of the Board at
that time to include every property under our 15/10% and purchase
the rest to make the 25%? Her understanding was that it included
every property, but she wished to be sure that was how the Board
understood it.
Chairman Bird felt that was the way it is; Commissioner
Scurlock stated that is how he feels; and Commissioner Wheeler
indicated he did, also.
Commissioner Bowman did not object but felt, in regard to the
purchasing, there was a mistake in the Comp Plan where you are
specifying pine flatwoods instead of specifying upland.
Director Keating believed we have pine flatwoods specified for
300 acres, but pointed out that we also have 100 acres of xeric
community, although he was not sure whether it is specific to sand
pine scrub, and we also have 50 acres of either coastal or tropical
hammocks. The Land Acquisition Guide sets out exactly what is
required, and that guide will be coming to us in the next few
weeks.
Commissioner Bowman noted that there is a lot of other habitat
also, such as salt marsh.
Assistant County Attorney Collins referred to Commissioner
Eggert's question as to whether our local rule of 15% also would be
applied to DRIs in this county. He felt the Board could keep in
mind that one of the reasons we argued so strongly for the 15% rule
was because of the impact it had on small projects where, after you
took out roadways, storm drainage, lots, et cetera, there wasn't
much left to get the 25%. It is not necessarily as dramatic an
impact on a development of 1,000 acres where they can set aside
isolated areas for preservation and transfer the units out to other
less sensitive areas.
Commissioner Eggert believed we did discuss developments of
1,000 acres when we were working through this for our Comp Plan.
Director Keating added that there are qualifiers. The first
is, even where a project can be required toset aside 25% in DRIs,
it says that 25 can be reduced to 20 when the set-aside is in large
72
areas, and in large projects that almost always occurs. The second
and probably bigger qualifier is that where the project will be
setting aside rare or endangered habitat there will be a two to one
credit for the 25%. This is a compromise that Regional Planning
Council staff worked on a lot and given the strong feelings on both
sides, this seems to be a workable compromise.
Commissioner Eggert was still concerned about a statement made
by Dan Carey in which he noted that getting 25% from each DRI is
not too difficult because they do not complain about that, and she
just wished to be very sure about the Commission's position on
this.
Commissioner Scurlock believed the Board members have already
indicated their concurrence that all properties are included under
our 15/10% policy, and there were no objections.
LEGISLATIVE DELEGATION
Commissioner Eggert reminded the Board that the Legislative
session is going to begin mid-January next year, which means that
our Legislative Delegation meeting will be the end of October. She
just wanted everybody to start thinking in terms of what we need
and what we want to ask for early.
SOLID WASTE DISPOSAL DISTRICT
Chairman Bird announced that immediately upon adjournment the
Board would reconvene sitting as the Commissioners of the Solid
Waste Disposal District. Those Minutes are being prepared
separately.
ENVIRONMENTAL CONTROL HEARING BOARD/ MINUTES BEING PREPARED SEPARATELY.
There being no further business to come before the Board, on
motion duly made, seconded and carried, the meeting adjourned at
11:55 A. M.
ATTEST:
/1:1 -
Clerk Chairman
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