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HomeMy WebLinkAbout7/2/1991BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, JULY 2, 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 Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 9:00 A.M. 1. CALL TO ORDER 2. INVOCATION - Rev. Harold Brown, Mt. Zion Baptist Church 3. PLEDGE OF ALLEGIANCE - Comm. Carolyn K. Eggert 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS a. Chain Bird req. an item be added to Consent Agenda as 7L in regard to sending a repr.to Tall.to attend the July 4th celebration. b. Adm. Chandler advised that Item 11A(auth.to draw on Letter of Credit for Alan Schomr)should be removed fran Agenda as it has been resolved. c. Req.addn of emergency item under matters regARDING license agree.w/ABYSS 5. PROCLAMATION AND PRESENTATIONS MARITIME Adoption and Presentation of Proclamation Designating July 4, 1991 as "It's A Star-Spangled Celebration" *** 6. APPROVAL OF MINUTES A. Regular meeting of 6/4/91 B. Regular Meeting of 6/11/91 C. Special Meeting of 6/14/91 7. , CONSENT AGENDA A. Release of Utility Liens (memorandum dated June 26, 1991) J U L 21991 16, B. Approval of Lease Modification with Environmental Learning Center, Inc. & F.I.N.D. Project Agreement (memorandum dated June 14, 1991) C. Semi -Annual Bond Review (memorandum dated June 13, 1991) D. County -owned House, 27th Ave. & 8th St., Lease Renewal (memorandum dated June 11, 1991) PoOK C)3 F I,L IO.. JUL 21991 BOOK 83. PA6E. 7. CONSENT AGENDA (continued): E. Sandridge Golf Club - Pro Shop Purchases (memorandum dated June 11, 1991) F. IRC Bid #91-102/Miraflores - Util. Dept. (memorandum dated June 20, 1991) G. IRC Bid 91-60 - Replacement of 20th Ave. Bridge - Public Works -Engineering Division (memorandum dated June 19, 1991) H. IRC Bid 91-73 / Racquetball Court - Public Works (memorandum dated June 19, 1991) I. IRC Bid 91-79 / 82nd Ave. Sewer Force Main - Utilities Dept. (memorandum dated June 26, 1991) J. Final Plat Approval for Lindsey Lanes Subdivision, Phase I (memorandum dated June 20, 1991) K. Release of Easement Petition By: Jerry W. Burns, Lot 55, Dixie Gardens Subdivision, Unit No. 2 (memorandum dated June 17, 1991) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a.m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS 1. Indian River County Code Section 11-47 Clarification of Recording Special Assessments (memorandum dated June 20, 1991) 2. Florida Baptist Family Ministries' Request For Special Exception Approval to Expand an Existing Residential Center (memorandum dated June 24, 1991) 3. Roland & Marion Baur's Request to Abandon a Portion of 78th Court Between 134th St. & 135th St. (memorandum dated March 27, 1991) 10. COUNTY ADMINISTRATOR'S MATTERS Olive Megear's Property Boundaries (memorandum dated June 24, 1991) 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT Request to authorize staff to draw upon a Letter of Credit for Alan R. Schommer (memorandum dated June 24, 1991) 11. DEPARTMENTAL MATTERS (continued) : B. EMERGENCY SERVICES None C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS 1. Treasure Shores Park Phase I Construction IRC Bid #91-88 (memorandum dated June 25, 1991) 2. Request from Sebastian Fourth of July Festival' Comm. to close Indian River Drive between US #1 and Davis Street (memorandum dated June 11, 1991) 3. Resolutions to provide for the establishment of an assessment and setting a time and place of the public hearing for Glendale Lakes Subdivision street lighting (memorandum dated June 10, 1991) 4. Request from contractor James Dupuis for a License Agreement to allow a concrete driveway within a county unpaved road right-of-way (memorandum dated June 24, 1991) H. UTILITIES 1. Citrus Gardens Subdivision Final Resolution and accompanying Final Assessment Roll (memorandum dated June 21, 1991) 2. Ixora Warehouse Project - Change Order #2 (memorandum dated June 17, 1991) 3. Agreement between I.R.C. and Tanglewood Village Mobile Home Park for payment of impact fees and connection to IRC water and wastewater facilities (memorandum dated June 13, 1991) 4. South County R.O. Plant Expansion Retainage Reduction (memorandum dated June 12, 1991) 5. Production of "Napier Grass" at County Sod Farm (memorandum dated June 11, 1991) 12. COUNTY ATTORNEY None JUL 2199 BOOK PAGE / 63 J U L 21991 BooK 83 PACE 1 13. COMMISSIONERS ITEMS A. CHAIRMAN RICHARD N. BIRD Firearms Range Committee, Summary of Actions Meeting of 6/26/91 B. VICE CHAIRMAN GARY C. WHEELER C. COMMISSIONER MARGARET C. BOWMAN 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. Approval of Minutes of May 21, 1991 Meeting 2. IRC Bid #91-69 / Computerized Tracking System (memorandum dated June 20, 1991) 15. ADJOURNMENT ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. Tuesday, July 2, 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, July 2, 1991, at 9:00 o'clock A.M. Present were Richard N. Bird, Chairman; Gary C. Wheeler, Vice Chairman; Carolyn K. Eggert; and Don C. Scurlock, Jr. Absent was Commissioner Margaret C. Bowman, who was out of state on vacation. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order. Rev. Harold Brown of Mt. Zion Baptist Church gave the invocation, and Commissioner Eggert led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Bird requested that an item be added to the Consent Agenda as 7L in regard to sending a representative to Tallahassee to attend the 4th of July celebration. Administrator Chandler advised that Item 11A (Authorization to d -raw on Letter of Credit for Alan Schommer) should be removed from the Agenda as it has been resolved. The Chairman advised that Attorney Vitunac has requested the addition of an emergency item under his matters regarding the License Agreement with Abyss Maritime. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, Commissioner Bowman being absent, the Board unanimously (4-0) added items to and deleted items from the Agenda as requested above. BOOK 83 FADE 755 JUL 21991 JUL 21991 ROOK 83 PA,,E ebb PROCLAMATION AND PRESENTATIONS Chairman Bird read aloud the following Proclamation desig- nating July 4, 1991 as "It's a Star-Spangled Celebration" and announced that he will represent the Board at the 4th of July celebration and read this Proclamation again at that time. PROCLAMATI O N DESIGNATING JULY 4, 1991 As "IT'S A STAR-SPANGLED CELEBRATION" - WHEREAS, the Indian River County's Tourist Development Council and the City of Vero Beach invites everyone to "IT'S A STAR-SPANGLED CELEBRATION" on Thursday, July 4th; and WHEREAS, Independence Day festivities are designed as a patriotic celebration of our Nation's birthday, dedicated this year as a homecoming tribute to veterans of Desert Storm; and WHEREAS, the day long celebration will also pay tribute to the veterans of all wars; and WHEREAS, the community is encouraged to join "The Spirit of '76" - it is hoped that everyone will proudly display the Nation's colors at their homes; dress in patriotic colors; decorate their businesses and storefronts; fly the Flag and windsocks as they enjoy a day of outdoor picnicking and boating; and WHEREAS, the Indian River Ministerial Association urges places of worship to "Let Freedom Ring" by tolling their bells and carillons at 12 Noon; and WHEREAS, all day events are planned throughout Vero Beach and Indian River. County; some of the events are a parade in Sebastian; raft race north of the Barber Bridge; old fashioned family picnic at Leisure Square; The Great American Kid -for -all: Slush, Skits and Popcorn at the Agnes K.'Wahlstrom Youth Playhouse in Riverside Park; Teens party for Freedom and Independence at the Riverhouse; The Brevard Symphony Orchestra in the band shell at Riverside Park, and a fireworks display over the Indian River; • NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT July 4, 1991 be designated as IT'S A STAR-SPANGLED CELEBRATION in Indian River County, and the Board encourages all citizens to participate and enjoy this holiday observance as it is expected to be a great celebration for all. Adopted this 2nd day of July, 1991 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Richard N. Bird Chairman 2 Chairman Bird presented the above proclamation to Nancy Offutt, coordinator for the Indian River Arts Council, who along with Bud Gibbs, president of the Veterans Council, has coordi- nated this event. Mrs. Offutt expressed her and Mr. Gibbs' appreciation of the cooperation they have received from the County and City staff, and Mr. Gibbs complimented Mrs. Offutt on the job she has done. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meetings of June 4, 1991 or June 11, 1991. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Commissioner Bowman being absent) approved the Minutes of the Regular Meetings of 6/4/91 and 6/11/91, as written. The Chairman asked if there were any corrections or additions to the Minutes of the Special Meeting of June 14, 1991. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously (4-0, Commissioner Bowman being absent) approved the Minutes of the Special Meeting of 6/14/91, as written. CONSENT AGENDA Commissioner Scurlock requested that Item I be removed for discussion. A. Release of Utility Liens The Board reviewed the following memo dated 6/26/91: BoK V Fi�vC 10 r JUL 2 1991 JUL 2 1991 BOOK 83 PAGE 768 TO: Board of County Commissioners (Rea., a.*4-elf2thi FROM: Lea R. Keller, CLA, County Attorney's Office DATE: June 26, 1991 RE: CONSENT AGENDA - B.C.C. MEETING 7/2/91 RELEASE OF UTILITY LIENS I have prepared the following lien related documents and request that the Board authorize the Chairman to sign them: 1. Releases of Special Assessment Lien from HEDDEN PLACE in the name of: HARKINS (2) 2. Release of Special Assessment Lien from SUMMERPLACE in the name of: BEAN 3. Release of Special Assessment Lien from NORTH COUNTY SEWER PROJECT in the name of: PELICAN POINTE CORP. (Unit P7) 4. Satisfaction for Payment of -Impact Fee Lien Extension in the name of: FOWLER Additional back-up information is on file in the County Attorney's Office. ON MOTION by Commissioner Commissioner lien related Commissioner Wheeler, the Bowman being documents as Eggert, SECONDED by Board unanimously (4-0, absent) approved the listed above. COPIES OF SAID INSTRUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 4 B. Approval of Lease Modification with Environmental Learning Center The Board reviewed the following memo from Asst. County Attorney Collins dated 6/14/91: TO: The Board of County Commissioners FROM: ‘1,9() William G. Collins II - Assistant County Attorney DATE: June 14, 1991 SUBJECT: Approval of Lease Modification with Environmental Learning Center, Inc. and F.I.N.D. Project Agreement. The Florida Inland Navigation District has approved a $175,000.00 grant to the Environmental Learning Center, Inc. for its environmental education project. The F.I.N.D. has requested as a condition of the grant that the County modify its existing lease with the Environmental Learning Center, Inc. to include a provision that the facility be available to the general public without regard, to age, sex, race, physical handicap, or residency. The attached modification is presented for approval. The Florida Inland Navigation District has also forwarded the project agreement for signature by the County as project sponsor. The agreement has been revised to indicate that F.I.N.D. is providing 100% of the funding (no County expense), and to allow the Environmental Learning Center, Inc. to act as the County's liaison agent for the submission of reimbursement requests for the construction of the project. RECOMMENDATION: Authorize the Chairman to execute the attached Modification to Lease and Project Agreement. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously (4-0, Commissioner Bowman being absent) approved the Modification to Lease and Project Agreement for the Environmental Learning Center, as recommended by staff. MODIFICATION TO LEASE AND PROJECT AGREEMENT ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD C. Semi -Annual Review of Bonds for County Commissioners and Constitutional Officers The Board reviewed the following memo from Risk Manager Jordan dated 6/13/91: 5 `3131_ 21991 BOOK 83 P4E ib JUL 2 '991 BOOK:i PA,E TO: THRU: FROM: Beth Jordan, Risk Manage DATE: 13 June 1991 SUBJECT: Semi -Annual Bond Review James E. Chandler, County Administrator Jack Price, Personnel Director Please consider this item for the Board of County Commissioners' July 2, 1991 consent agenda. BACKGROUND Chapter 137.05, Florida Statutes, requires the Board of County Commissioners to review the bonds of the County officers twice annually. The Board last reviewed the bonds on January 2, 1991. ANALYSIS We have reviewed copies of the bond for each Commissioner and Constitutional Officer and, upon review, found them to be sufficient in keeping with the statutory requirements. RECOMMENDATION Following review, no further action is required of the Board. ON MOTION by Commissioner Commissioner Wheeler, the Commissioner Bowman being Semi -Annual Bond Review. Eggert, SECONDED by Board unanimously (4-0, absent) accepted the D. Lease Renewal - County -owned House at 27th Ave. & 8th St. The Board reviewed the following memo from Administrator Chandler dated 6/11/91: DATE: JUNE 11, 1991 TO: THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVIC SUBJECT: COUNTY OWNED HOUSE - 27TH AVENUE AND,8THSTREET LEASE RENEWAL BACKGROUND: The subject lease will expire on August 14, 1991. The lessee, Jo -Ann Wingate has expressed a desire to extend the lease. There has not 6 1 been any problems with the tenant and the premises have been properly kept. Rent monies have been paid on schedule. RECOMMENDATIONS: Staff recommends extending the lease as is, on a month to month basis until such time as a thirty -day notice is given by either party. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously (4-0, Commissioner Bowman being absent) approved the extension of the lease with Jo -Anne Petrulak-Wingate on a month-to-month basis, as recommended by staff. ADDENDUM NO. ONE TO LEASE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD E. Sandridge Golf Club - Pro Shop Purchases The Board reviewed the following memo dated 6/11/91 from the Director of General Services: DATE: JUNE 11, 1991 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR I DEPARTMENT OF GENERAL SERVI ES SUBJECT: SANDRIDGE GOLF CLUB - PRO SHOP PURCHASES BACKGROUND: The purchase of merchandise to resell in the golf course pro shop is unique and has been a problem for both their employees and purchasing. There are only certain brands of merchandise that are sold and the Golf Director uses the vendors that give him the best discount. All the vendors come to the golf course and some with their merchandise in hand that sell directly to the pro shop. There are also close-out special sales that offer a larger profit, if taken advantage of. These situations create a problem in obtaining a purchase order immediately to take advantage of the opportunities. It will take at lease two days for a requisition to get- through the system and a purchase order issued. RECOMMENDATIONS: Staff recommends, we purchase order exempt all merchandise that is purchased for resale in the pro shop, only. It is also recommended that all other rules and regulations outlined in the Policies and Procedures Manual be adhered to. JUL 21991 BOOK 83 FA6L 71 J U L 2199 BooK. 83 FAH 772 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously (4-0, Commissioner Bowman being absent) approved for exemption from purchase order requirements all merchandise purchased for resale in the pro shop only, as set out in the above staff recommendation. F. IRC Bid #91-102 -- Miraflores Utilities The Board reviewed the following memo from Purchasing DATE: June 20, 1991 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T.""Sonny" Dean, Director Department of General Servic FROM: Fran Boynton, Purchasing Manager SUBJ: IRC Bid #91-102/MIRAFLORES Utilities BACKGROUND INFORMATION: Bid Opening Date: Specifications mailed to: Replies: June 12, 1991 Twenty -One (21) Vendors Two (2) BID TAB TOTAL LUMP SUM PRICE Belvedere Construction Co. $20,194.00 West Palm Beach, F1 Driveways $22,727.80 Titusville, F1 TOTAL AMOUNT OF BID: $20,194.00 SOURCE OF FUNDS: Miraflores Project Account , BUDGETED AMOUNT: $24,036.00 RECOMMENDATION: Staff recommends that the bid be awarded to Belvedere Construction Co., as the lowest most responsive and responsible bidder meeting specifications for subject project. Contract will be brought back to the Board for approval. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously (4-0) awarded Bid 91-102 for installation of water main and services for Miraflores to the low bidder Belvedere Construction Co. in the amount of $20,194 as set out in; the above staff. recon rdndation. (AGREEMENT NOW RECEIVED AND ON FILE IN THE Orr10E OF CLERK TO THE BOARD) 8 G. Bid #91-60 - Replacement of 20th Avenue Bridge The Board reviewed the following memo dated 6/19/91: DATE: June 19, 1991 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administnrator H.T. "Sonny" Dean, Director Department of General Service ' FROM: "Fran Boynton, Purchasing Manage SUBJ: IRC Bid 91-60 Replacement of 20th Avenue Bridge Public Works -Engineering Division DESCRIPTION AND CONDITIONS The Board of County Commissioners previously awarded the contract for the replacement of this bridge to B.K. Marine Construction, Inc. on May 14, 1991 in the amount of $462,134.00. The Contract Documents are now being presented for approval and execution by the Chairperson and attesting by the Clerk. We have had four (4) contract documents executed in the original by the --proposed contractor, B.K. Marine Construction, Inc. We have received all necessary insurance certificated. The bonds are presented with the contract documents. RECOMMENDATION Staff recommends that the Board authorize the Chairperson to execute documents. r3 t 2 19- ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously (4-0, Commissioner Bowman being absent) authorized the Chairman to execute the contract documents with B.K.Marine Construction, Inc., for replacement of the 20th Avenue bridge as set out in the above staff recommendation. CONTRACT DOCUMENTS AND SPECIFICATIONS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 9 BOOK 83 FAL 773 SUL 2 1991 H. IRC- Bid 91-73 - Fellsmere Racquetball Court BOOK.©3 PAL 1 �1 4 The Board reviewed the following memo dated 6/19/91: DATE: June 19, 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 yta SUBJ: 91-73/Racquetball Court Public Works BACKGROUND INFORMATION: Bid Opening Date: May 15, 1991 Specifications mailed to: Sixty -Five (65) Vendors Replies: Two (2) VENDOR TOTAL LUMP SUM BID J. B. Walker Vero Beach, F1 Jim Wright Const. Vero Beach, F1 TOTAL AMOUNT OF BID: $24,239.00 $24,544.00 $24,239.00 SOURCE OF FUNDS: Recreation Other Improvements Except Buildings Account BUDGETED AMOUNT: RECOMMENDATION: $45,000.00 Staff recommends that the bid be awarded to J. B. Walker as the lowest, most responsive and responsible bidder meeting speci- fications. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously (4-0, Commissioner Bowman being absent) awarded Bid 91-73 to the low bidder J. B. Walker in the amount of $24,239 for construction of the Fellsmere Racquetball Court and authorized the Chairman to execute the contract documents as recommended by staff. CONTRACT DOCUMENTS AND SPECIFICATIONS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 10 1. Bid 91-79 - 82nd Avenue Sewer Force Main & Change Order #3 The Board reviewed memos from Purchasing Manager Boynton and from Utilities Director Pinto: DATE: June 26, 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: 91-79/82nd Avenue Sewer Force Main Utilities Department BACKGROUND INFORMATION: Bid Opening Date: Specifications mailed to: Replies: BID TABULATION: Owl & Associates Vero Beach, F1 GBS Excavating Palm City, F1 Ted Myers Winter Beach, F1 Layrite Stuart, FL Derrico Melbourne, F1 Jobear, Inc. Melbourne, FL Belvedere Construction West Palm Beach, F1 TOTAL AMOUNT OF BID: BUDGETED AMOUNT: SOURCE OF FUNDS: May 1, 1991 Eighteen (18) Vendors Seven (7) Vendors TOTAL LUMP SUM $ 86,835.00 $112,468.00 $114,443.00 $118,141.00 $136,305.00 $152,978.00 $180,730.00 $ 86,835 $ 86,835 82nd Ave Sewer Force Main Impact Fee RECOMMENDATION: Staff recommends that the bid be awarded to Owl & Assoc. as the lowest, most responsive, responsible bidder meeting specifications. Contract documents will not be presented to the Chairman for signa- ture until all appropriate' bonds and insurance have been attained and approved as to form. 11 JUL 2 ;t99 BOOK 83 ME 1 tJ1 jui1991BOOK 83 Fr1GE 77C DATE: JUNE 28, 1991 TO: FROM: TERRANCE G. PI DIRECTOR OF UT SERVICES JAMES E. CHANDLER COUNTY ADMINISTRATOR SUBJECT: 82ND AVENUE Background: In November of 1990, the Utilities Department had proposed a change order to an existing contract for the extension of a sewer force main from the West County Wastewater Treatment Plant to the landfill and the state correctional institute. The change order for $174,971 and $26,000 for fittings represented approximately 16,300 feet of sewer pipe. The change order was not approved, and the project was redesigned and placed out for bid with the following result: After removal of any engineering responsibility for the contractor and tightening of the specifications, the unit price was reduced from $8.50 to %.s per ft. Because the correctional institute is now not interested in connection to the sewer line, we eliminated approximately 6,000 ft. of line. The Public Works Department agreed to an open cut access to the road, which amounted to a $6,300 reduction for eliminating a jack and bore. After adding back into the project engineering, administration, and surveying, the total project was reduced approximately $100,000, with a true savings of approximately $39,000. The bid price, as indicated in the agenda item, shows total prices ranging from $86,000 to $180,000, which indicates that the final results of any bid are hard to call. Commissioner Scurlock noted that he has some serious prob- lems with this particular item. It came before the Board previously on last November and was withdrawn at his request in that he had a strong feeling that extension of unit prices is something that should be done very cautiously. In addition to everything else, the unit price was approximately a year old, and since there has been a down grade of the economy, he felt there could be some substantial savings. At that time, he accordingly called around for verbal quotes and was led to believe there would be as much as a $2.00 per lineal foot savings from the price requested to be extended. Commissioner Scurlock further advised that he has some backup material which he agrees with to some extent, but it shows a $39,000 savings and he feels that actually the savings is far beyond that. The original contract before any modifications was $200,000. The bid we have now is $86,000, and that is $100,000 some odd dollars difference. It should be noted that the scope of service has been changed - pipe that was to be extended to the correctional facility is omitted, etc., but the fact of the 12 matter is that the price per lineal foot is $5.00 different. So, if you take $5,000 and multiply it times 10,600 lineal feet, not the original 16,300', there is a $50,000 saving there. In addition, if you did the entire 16,000' just on the price of the pipe installation, the $5.00 difference is about $81,500, which is a very substantial deviation from the original bid. In addition, Commissioner Scurlock pointed out that the original proposal envisioned the County doing mostly "in-house" engineer- ing, and he felt this also shows that when you do "in-house" engineering there is some cost savings. Commissioner Scurlock stressed that one of the concerns he has about this item is that the particular pipe we are discussing is pipe we purchased off a former project, and it has been stored for well over a year. Further, when this item originally came to the Commission, it was called an emergency item which was one of the reasons for extending unit prices, and now we are getting this item back 8 months later, which he felt was inexcusable. He continued that he is a pretty strong supporter of Utilities, but when he went there Friday and asked for more backup, he was given one report which was totally unacceptable and only showed a $12,000 savings. Mr. Pinto, at his request, reworked the memo, and it then came out to the $39,000 savings. Commissioner Scurlock noted that he although is very uncomfortable with this item and the way it was staffed, he is happy with the result, and while he personally feels the savings was much closer to $100,000, he will accept the $39,000. He again stressed that this points out the need to be very careful on the extension of unit prices, and he also felt it is interesting to note that the successful bidder is Owl & Associates who were going to do it in the first place, but now will do it at a reduction of $5 per lineal foot. Commissioner Eggert wished to know if the pipe which has been• stored for some time is all right for this project. Director Pinto advised that this pipe actually was purchased through the Landfill specifically for this job, and it has not deteriorated in a year. We did have another type of pipe stored associated with the Gifford job that did deteriorate. Director Pinto wished to review the history of the project in question. The fact that it was an emergency at the time was based on 3 needs. We thought we were going to be able to service the Correctional Center next to the Landfill, and there was a potential need in the industrial area adjoining the Landfill, but as we delayed the project, the need at the correctional facility went away. In the re -design of the system, we eliminated a substantial amount of the project. In this case, which is not J U L 21991 13 Bona 83 PAGE 777 J U L 2199` BOOK. 83 PA:,E always the case, time worked to our favor - the price in the utilities area was starting to drop and drop drastically, and the original contractor on the change order ended up with no work at all and was in a position where he just wants to keep his men working. All of these things fell in our favor this time, but with the bids ranging all the way from $86,000 to $180,000, it is hard to call what bids will come in at. In another of today's agenda items, you will see that we have ended up with a 50% decrease in an assessment project we did; so, it is very hard to estimate. The job has been reduced and changed around as shown in the following memos, but Director Pinto agreed that, in essence, we are spending $100,000 less than we started out to spend: DATE: JULY 1, 1991 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTISERVICES SUBJECT: 82ND AVENUE FORCE MAIN PROJECT The attached memo explains the difference between the original proposed change order and the bids for the 82nd Avenue sewer line. The comparison looks fair, except I believe the engineering cost should be close to the same of both sides, +/- a couple thousand dollars for cost of bidding. The difference is possibly closer to $39,000. The bids we received ranged from $86,000 to $180,000, which indicates what kind of market is out there now. DATE: JUNE 28, 1991 TO: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES FROM: WILLIAM CAPITAL DEPARTMEN AIN CTS E ITY SERVICES SUBJECT: 82ND AVENUE SEWER MAIN - ORIGINAL FINAL COST COMPARISON Below please find a comparison of original change order cost, scope of services, and final bid costs for the above -listed project. 1. Provide plans (originally we were to provide base right -a -way and road. Contractor was to provide information and pipe layout to generate complete construction plans; we paid Kimball/Lloyd approximately $5,000.00 for the survey roadway and right-of-way). This cost is not addressed in either evaluation, as the cost was expended for either option. In-house time and engineering expenditures are close to $12,000.00, (for complete plan and specification assembly, and bidding.) 14 2. Originally the project was 16,300 L.F. of 8" PVC, and 726 L.F. of 12" PVC. The 726 L.F. of 12" was eventually installed as part of the original change order with Owl. The final bid quantity of 8" PVC was reduced to 10,600 L.F. The reduction occurred due to the removal of the line running from the entrance of the landfill to the correctional institute septic system and the removal of the line running from the entrance of the landfill to the landfill lift station. The correctional institute had expressed interest in connecting to County utilities (water and sewer); therefore, it was included as part of the original scope of work. They later opted out of sewer connection at this time. All or portions of the landfill lift station upgrade and on-site transmission main construction may be handled by utility field crews. (The on-site landfill portion may be added back in, depending on what lift station modifications at the landfill must be done and how soon.) Had the project been awarded with the original quote, the scope of work would have been modified during construction to reflect what was eventually put out to bid. Also due to the reduction in length the fittings cost will be reduced from $26,000.00 to approximately $16,000.00. 3. The elimination of one jack and bore at $6,300.00 each (we were able to open cut). 4. A reduction in seed and mulch also resulted, originally 15,700 L.F., final 10,000 L.F.; a cost difference of $2,850.00 (based on original cost). Total cost of original project with final quantity adjustments is as follows: Construction, plans, as-builts/total final cost: of project, per change order (after reduction in scope) Total cost of final project as bid is as follows: Engineering plans and bidding cost Construction and as-builts Overall savings are as follows: Total original cost with final quality adjustments Minus total cost of final project as bid $127,200.00 $ 12,000.00 86,835.00 Total $ 98,835.00 Save approximately $28,365.00 $ 127,200.00 -98,835.00 28,365.00 Director Pinto did agree with Commissioner Scurlock that engineering in-house has merit and because of this, we have changed some of our in-house procedures. With bad there comes good, and he assured the Board that they do not take criticism lightly. In any event, he did think this is a good project and an important one. Commissioner Eggert inquired about the $12,000 in engineer- ing fees; it was noted that was in-house expenses; and Director Pinto further noted that, as stated in his memo, he looks at the $12,000 as being equal on both sides. Commissioner Eggert stated that she is just trying to grasp the total cost of the project. 83 fl 15 BOOK FACE 779, 9, J U L 21991 J'U L 2199 BOOB 83 PAGE IBC Director Pinto stated that it is $86,000. There is about $7,000 for some outside surveying, and the rest was handled by staff and is part of their salaries. If we were going to assess this project, then we would add the $12,000 to it, but in this case, it is primarily for the Landfill and will not be assessed. Commissioner Scurlock reviewed his figures once again, noting that he now estimates that this project saved us $69,300. Director Pinto felt there are several ways to look at this, but what it really comes down to is that we are going to spend $100,000 Tess. Commissioner Scurlock asked what we are going to do with the approximate 6,000 lineal feet of pipe the project was reduced by, and Director Pinto advised we are looking at making a project to extend the line west. Commissioner Scurlock suggested that since we have such a low unit price, this might be an opportune time to take advantage of it and put all this pipe in the ground. Administrator Chandler felt in view of what we have been through in the last months and the concerns that have been raised, even though it appears we may have very good unit prices, we should look very carefully at expanding that. Commissioner Scurlock clarified that he was just suggesting going ahead and preparing another project for bid at this time since the prices are good. Chairman Bird asked Director Pinto whether the spread under the bidding process gave him any concern as he personally found the $100,000 difference between the low and the high amazing and felt someone may find they have made a mistake. Director Pinto agreed that in normal times that spread would bother him, but at this time, many companies just want to keep their people employed and get through this recession, and Commis- sioner Scurlock pointed out that this is the same company, and we have the same thing occurring on Indian River Boulevard. Commissioner Eggert wished to be assured that this project is in agreement with our current master plan, and noted that she will be asking this from now on. Director Pinto confirmed that it is - this particular line is not one of the larger lines of the system, but it will service a very important area of the county. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously (4-0) awarded Bid #91-79 for the 82nd Avenue Sewer Force Main to the low bidder, Owl & Associates in the amount of $86,835. as recommended by staff. CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 16 J. Final Plat Approval for Lindsey Lanes Subdivision, Phase_l The Board reviewed the following memo from Planning Director Boling dated 6/20/91: TO: James E. Chandler County Administrator DI SION HEAD CONCURRENCE: Robert M. Keating, AICP Community Development ector tAlfJ THROUGH: Stan Boling, AICP Planning Director FROM: Christopher D. Rison Staff Planner, Current Development DATE: June 20, 1991 SUBJECT: FINAL PLAT APPROVAL FOR THE LINDSEY LANES SUBDIVISION, PHASE I SD -90-09-27 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 2, 1991. DESCRIPTION AND CONDITIONS: Lindsey Lanes Subdivision, Phase I, is a proposed 42 lot residential subdivision of a ± 15.5 acre area of land, located on the south side of 49th Street (Lindsey Road), west of the Gifford Park area. The subject property is zoned RS -6, Single -Family Residential (up to 6 units per acre) and has a land use designation of M-2, Medium Density Residential 2 (up to 10 units per acre). The proposed density for the project is 2.7 units per acre. On December 13, 1990, the Planning and Zoning Commission granted preliminary plat approval for the Lindsey Lanes Subdivision, and a Land Development Permit for the project was subsequently issued. The developer, Stolle Development Co., is now requesting final plat approval, and has submitted the following: 1. A plat in conformance with the approved preliminary plat; 2. Certified Engineer's Cost Estimates for the subdivision improvements; 3. A. Warranty/Maintenance Agreement for Required Improvements and a Bill of Sale for Utilities Facilities to guarantee the subdivision improvements that are to be -dedicated to the public. 4. A security agreement, acceptable to the County Attorney's Office, to guarantee the submitted Bill of Sale and Warranty/Maintenance Agreement. ANALYSIS: The developer has submitted a Warranty/Maintenance Agreement and a Bill of Sale while arranging for a suitable security agreement, 17 JUL 2199 r JUL 2 /99) E 0010 'Arr 0.1C. cceptable to the County Attorney's Office, to guarantee the ocuments. With these documents, the developer has complied with he appropriate requirements to obtain final plat approval. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for the Lindsey Lanes Subdivision, Phase I and accept the submitted Bill of Sale and Warranty/Maintenance Agreement and posted security. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously (4-0, Commissioner Bowman being absent) gave final plat ' approval for Lindsey Lanes Subdivision, Phase 1, and accepted the submitted Bill of Sale and Warranty/ Maintenance Agreement and posted security, as recommended by staff. K. Release of Easement - Jerry W. Burns, Dixie Gardens Subdv. The Board reviewed the following memo from Code Enforcement Officer Heath dated 6/17/91: TO: James E. Chandler County Administrator DEPARTMENT HEAD CONCURRENCE: ober M. Keat n Alfg Community Develop,, enyyt rector THROUGH: Roland M. DeBlois ECP Chief, Environmental Planning & Code Enforcement FROM: Charles W. Heath dial, Code Enforcement Officer DATE: June 17, 1991 SUBJECT: RELEASE OF EASEMENT PETITION BY: Jerry W. Burns Lot 55, Dixie Gardens Subdivision, Unit No. 2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of July 02, 1991. DESCRIPTION AND CONDITIONS: The County has been petitioned by Jerry W. Burns, the owner of the subject property, for the release of the rear lot ten (10) foot utility and drainage easement of Lot 55, Dixie Gardens Subdivision, 18 Unit No. 2, being the northerly ten (10) feet of Lot 55. It is the petitioner's. intention to construct a concrete swimming pool deck around an existing swimming pool on the subject property. The current zoning classification of the subject property is'RS-6, Single-FaMily Residential District. The Land Use Designation is L- 2, allowing up to six (6) units per acres. ALTERNATIVES AND ANALYSIS: • The request has been reviewed by Southern Bell Telephone Company, Florida Power & Light Company, United Artists Cable Corporation, the Indian River County Utilities Department and the Road & Bridge and Engineering Divisions. Based upon their reviews, it was determined that there would be no adverse impact to utilities or drainage on the subject property by the release of the easement. RECOMMENDATION: Staff recommends to the Board, through the adoption of resolution, the release of the rear lot ten (10) foot utility and drainage easement, being the northerly ten (10) feet of Lot 55, Dixie Gardens Subdivision, Unit No. 2, as recorded in Plat Book 4, Page 49 of the Public Records of Indian River County, Florida. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously (4-0, Commissioner Bowman being absent) adopted Resolution 91-71, abandoning certain easements in the Dixie Gardens Subdivision Unit No. 2, Lot 55. RESOLUTION NO. 91-71 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ABANDONING CERTAIN EASEMENTS IN THE DIXIE GARDENS SUBDIVISION UNIT NO. 2, LOT 55, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 49, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. WHEREAS, Indian River County has easements as described below, and WHEREAS, the retention of those easements serves no public purpose, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: This release of easement is executed by Indian River County, Florida, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to Jerry W. Burns, his successors in interest, heirs and assigns, whose mailing address is 434 7th Lane S.W., Vero Beach, Florida 32962 Grantee, as follows: 19 JUL 21991 11. BOOK 83 FACE i J U L 2 199 GOOK di FGE3 4 Indian River County does hereby abandon all right, title, and interest that it may have in the following described easements: The Northerly ten (10) foot utility and drainage easement of Lot 55, Dixie Gardens Subdivision, Unit No. 2, being the northerly ten (10) feet of Lot 55, Dixie Gardens Subdivision, Unit No.2, according to the plat thereof as recorded in Plat Book 4, Page 49, Section 24, Township 33 East, Range 39 South; Public Records of Indian River County, Florida. THIS RESOLUTION was moved for adoption by Commissioner Eggert , seconded by Commissioner Wheeler and adopted on the 2 day of July , 1991, by the following vote: Commissioner Richard N. Bird Aye Commissioner Gary C. Wheeler Aye Commissioner Carolyn Eggert Aye Commissioner Margaret C. Bowman Absent Commissioner Don C. Scurlock, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 2nd , day of July , 1991 BOARD OF COUNTY COMMISSIONERS IOF INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird Chairman L. Appointment of Representative to attend the Governor's 4th of July Celebration The Board reviewed the following memo dated 7/1/91: TO: Chairman Richard N. Bird FROM: Liz Forlani, Executive Aide RE: Governor Chiles invitation for veteran participation in Florida's Freedom Festival DATE: July 1, 1991 Vince McCann, Veteran Service Officer contacted me this morning and said he had received a telephone call from Commander John M. Mathews. Commander Mathews will be in Tallahassee for the 4th of July celebration and Mr. McCann asked if the Board would consider appointing Commander Mathews as Indian River County's representative in the Governor's 4th of July celebration. 20 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously (4-0, Commissioner Bowman being absent) appointed Commander John M. Mathews as I.RC's representative in the Governor's 4th of July celebration. COUNTY CODE SEC. 11-47 (CLARIFICATION OF RECORDING SPECIAL ASSESSMENTS The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof attached, to -wit: of Publication 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 in the matter of In the lished in said newspaper In the Issues o Court, was pub - Affiant further says that the said Vero Beach Press -Journal Is a newspaper published at Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, In said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, Commission or refund for th purpose of securing this advertisement for publication in the said newspaper. Swom to and subscribed before me this A.D.19 q/ ,`ti (Business Manager) L.,7 > A' ^t .•t. 4. it (SEAL) •%?•:cry of )14 • ' t 'AVS, reaUiatisinn iThA' Board of hereby Comnrcners-at_r,aan '. River Canty, •Florlda, hotted of a ;Pubic, Hearing sdieduled for 9105 a.nt. pi Tuesda, .dirin2 oto dl,cuea th.VP Onp prcpca y- " ' IJ*ibIFfANCEt)R N �1!C UI1 i. OF INDIAN KM t ftis41Yi FLORIDA AMENDING SECTION 11-47 t,OF TTHE�WDDINAyN: RIVER:COUNTY:CODEi:V. ,'f xOF�THE COURT TO flE� AL- -, SPECIAL-!+ +�S . t Q THE: !'OFFlCIMo �; • ti :v... MTS 7,� (:ry44�'-� Z1�►yi4 �'114klW MICASy *Its}t4d smetrt Argy decL! b' wh ch ma -be made at ws;meethg'wil-need.to- erarre pret a verbatim record 01:1110praoeedh�ps made. wnkle ahp prexlrrdes testhgny 6rd evl e u n'wHch Buhr 5,x19991 r t 11.„ ., � tlt12t1B3 The Board reviewed memos from Asst. County Attorney O'Brien and from Clerk Barton: 21 i JUL 2 •oolc 83 F E.7J5 J U L 2 1991 Eq)oF 83 FACE 78C TO: FROM: DATE: Board of County Commissioners Terrence P. O'Brien - Assistant County Attorney June 20, 1991 RE: PUBLIC HEARING - 7/2/91 INDIAN RIVER COUNTY CODE SECTION 11-47 CLARIFICATION OF RECORDING SPECIAL ASSESSMENTS The attached Ordinance amends the past procedures set forth in Section 11-47 of the County Code which are inconsistent with present practices. A memorandum from the County Clerk on this problem is attached for your Information. Staff recommends approval. TO: Charles Vitunac, County AttorneDDATE: 4-11-91 FROM: Jeffrey K. Barton, Clerk FI a :10 25 �.EC IdoinceCa 14 ��F61 SUBJECT: Indian River County Code Sec. 11-47 REFERENCES: \S\\brAl O J .. a1'c80 The present code directs recorded by the clerk of -known as the "Assessment It is the Tax Collector, for special assessments. that special assessments "'shall be the county in a separate book, to be. Lien Book's", not the Clerk, that maintains a book May I suggest the code be changed to either; 1. direct the clerk to record special assessments in the 'Official , Record Books" of the county, or 2. direct the assessments to be entered in the Tax Collectors "Assessment Lien Books". Thank you for your attention to this matter, 22 The Chairman asked if anyone present wished to be heard. There were none, and he thereupon closed the public hearing. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously (4-0) adopted Ordinance 91-37 directing the Clerk of the Court to record Special Assessments in the Official Records Books of the County. ORDINANCE 91 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 11-47 OF THE INDIAN RIVER COUNTY CODE (1974 EDITION) TO DIRECT THE CLERK OF THE COURT TO RECORD SPECIAL ASSESSMENTS IN THE "OFFI'CIAL RECORDS BOOKS" OF THE COUNTY WHEREAS, Section 11-47 currently provides for special assessments to be recorded by the Clerk in a separate book to be known as the "Assessment .Lien Book", and WHEREAS, said book is maintained by the Tax Collector, and WHEREAS, it has been the practice in many instances to record special assessments in the official records books, and WHEREAS, orderly administration dictates that this practice be clarified, NOW, THEREFORE, be it resolved by the Board of County Commissioners of Indian River County, Florida that: • SECTION 1. AMENDMENT. Section 11-47 is hereby separated into two sections and revised as follows: Section 11-47 Equalizing Board At the time and place named in the notice provided for in section 11-46 the board shall meet as the equalizing board to hear and consider any and all complaints as to the special assessments and it shall adjust and equalize the special assessments on the basis of justice and right. When so equalized and approved by resolution of the board, the special assessments shall stand confirmed and shall remain legal, valid and binding first liens upon the property against which the special assessments were made, until paid in full. Promptly after confirmation, the special assessment shall be recorded by the 23 L JUL 2 1991 BOOK: E F'tg.��t 8 d JUL 21991 BOOK 83 _ PAGE / clerk of the county in the Official Record Books of the county and such recordation shall include indexing by the individual property owners name. The recordation of the lien shall be prima , facie evidence of its validity. Section 11-48 Final "As Built" Assessment Upon completion of the improvements, the county shall credit to each of the special assessments the difference in the special .assessment as originally made, approved and confirmed and the proportionate part of the actual cost of the improvements to be paid by special assessments as finally determined upon the completion of the improvements, but in no event shall the final special assessments exceed the amount originally assessed. SECTION 2. SEVERABILITY. If any section, or if any sentence, paragraph, phrase, or word of this ordinance is for any • reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and It shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. ' SECTION 3. EFFECTIVE DATE. This ordinance shall become effective on becoming law. • Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 2nd day of July , 1991. This ordinance was advertised in the Vero Beach Press - Journal on the 3 day of June , 1991, for a public hearing to be held on the 2 day of J u l y , 1991, at which time it was moved for adoption by Commissioner Wheeler and the motion was seconded by Commissioner Eggert , and, adopted by the following vote: Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler -fie Commissioner Don C. Scurlock, Jr. —176— Commissioner yeCommissioner Margaret C. Bowman Absent Commissioner Carolyn K. Eggert —Aye BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird Chair _ .•,.ti Attest by Jeffry K: 'Barton Clerk.. -el ate' 24 FLORIDA BAPTIST FAMILY MINISTRIES - SPECIAL EXCEPTION APPROVAL TO EXPAND EXISTING RESIDENTIAL CENTER The hour of 9:05 o'clock A.M. having passed, the De uty Clerk read the following Notice with Proof of Publicatio attached, to -wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he Is Business Manager of the Vero Beach Press-Joumal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a In the matter of c �.�J�/1% /g i 2( In the /7 Court, was pub- lished in said newspaper in .the issues of CL1(.4tl // 111 / V Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida. and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mall matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for tiye purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this 4ay of A D 19 Pf , (Business Manager) (SEAL) • .• ,..• •--(Clerk-of-the Circuit Court, Indian River County, Flora) • a 1" 0 la z ease ,Z s_ •. If 9 . 30th. 31.1•:,.• 1 • NOTIC OF PUBUC HEARING • Notice of he : • to consider the granting of ape- { dal exception for the expansion of a resi- dential center. subject property Is presently • owned by Florida Baptist Family M irdstnes, and Is located in -. • 28. Township 32 S. and Range . 39 E. See the atta- :.. map for the location. A pub$c heard at which parties In interest and citizens shall an opportunity to be heard, w8 be held by the BOard of Canty Commissioners of Indian River don ChambersIns located at 1 IdaTuesday, Anyon Florida, In the County Commis - the County Administration Build- () 25th Street, Vero Beady, nor - 2nd at 9:05 a.m. wish to appeal any decision which may be made at this meeting will need to en- sure that a verbatim record of the proceedings Is made. which Includes testimony and evidence upon whirl► the appeal is based. . INDIAN RIVER COUNTY Board of County Commissioners BY -s- Dick Bird, Chairman • June 11.1991.. - , 804199 Planning Director Boling made the staff presentation, as follows: 25 'JUL 2 1991 BOOK lej FAL 0 J � 1 JUL 2199 EAOOK 83 Pr U U TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert M. Keatin Community Develo ment 'director THROUGH: Stan BolingACP Planning Director FROM: John W. McCoyO'\ Staff Planner, Current Development DATE: June 24, 1991 SUBJECT: FLORIDA BAPTIST FAMILY MINISTRIES' REQUEST FOR SPECIAL EXCEPTION APPROVAL TO EXPAND AN EXISTING RESIDENTIAL CENTER It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of -July 2, 1991. DESCRIPTION AND CONDITIONS: - _ Carter and- Associates, Inc. has submitted a request for special exception approval, on behalf of Florida Baptist Family Ministries, to expand an existing residential center known as the Baptist Retirement Home. The subject property is located in the Buckinghammock Subdivis•4n at 1006 33rd Street. This expansion involves the addition of 15 beds to the residential center which would bring the total number of beds to 71. This application involves only a portion of the Baptist Center project. Previously, the Planning and Zoning Commission granted site plan approval to construct 15 duplexes on the overall project site. The subject property is zoned RM -6, which permits up to 6 units per acre; however the subject property's land use designation is L-1 which only permits up to 3 units per acre. When there is a conflict between the zoning and land use designation, the land use designation governs. The staff has applied a density of 3 units per acre to the overall project site (which includes the recently approved duplex units) and the residential center area of development. The requested residential center expansion, in conjunction with other development within the overall project site, will constitute the maximum permitted land use intensity for the overall site. No further expansion in the number of units, or beds in any portion of the overall project could occur under the present L-1 land use classification. [NOTE: for residential centers, land use intensity is measured in "persons per acre", as opposed to "units per acre".] Expansion of the existing residential center use requires special exception approval. 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 26 particular zoning district. In granting any special exception, the Board of County Commissioners may prescribe appropriate special conditions and safeguards to ensure that the use is compatible with surrounding uses in the district. At its May 23, 1991 meeting, the Planning and Zoning Commission voted unanimously to recommend approval of the special exception use request. At that meeting, the Planning and Zoning Commission also unanimously approved the applicant's major site plan request, conditioned upon Board of County Commissioners approval of the special exception request. ANALYSIS: 1. Gross Area (overall project site): 22.6 acres Size of Development Area (residential center): 1.67 acres 2. Zoning Classification: RM -6 Residential Multi -Family (up to 6 units per acre) 3. Land Use Designation: L-1, Residential Low Density (up to 3 units per acre) *NOTE: overall density/intensity of the site cannot exceed 3 units per acre regardless of the current RM -6 zoning. 4. Density: 44 units at 3 units per acre: 14.6 acnes 56 beds at 9 people per acre:* 6.4 acres - 15 beds at 9 people per acre:* 1.6 acres Total 22.6 acres *Nine people per acre is the maximum intensity allowed on •site.» 5. Bed Count: Existing Beds: 56 Beds Proposed Beds: 15 Beds Total: 71 Beds 6. Building Area: -Existing: 510 sq. ft.* Proposed: 10,761 sq. ft.* Total: 11,271 sq. ft.* *figures for area of development only 7. Total Impervious Area: Existing: 18,632 sq. ft. Proposed: 7,806 sq. ft. Total: 26,438 sq. ft. 8. Open Space Required: 40.0% Provided: 63.7% 9. Traffic Circulation: The expanded facility will be accessed by a 22' two way driveway proposed in a recently approved driveway site plan' related to the previously referenced duplex project. The recently approved duplex plan must be released prior to release of this residential center expansion plan. Furthermore, the driveway accessing the residential center expansion must be constructed (and inspected and approved by Public Works) prior to the issuance of a C.O. for the residential center project. 27 L JUL 21991 BOOK CO Fc,EIJ JUL 2199 10. Off -Street Parking Required: 4 spaces Provided: 4 spaces. BooK V3 1,k,E ' asp 11. Stormwater Management: The Stormwater Management Plan has been approved by the Public Works Department. 12. Landscape Plan: The landscape plan is in conformance with Ordinance 926. 13. Utilities: The facility is currently served by the City of Vero Beach for water and sewer services. The expansion will also be served by the City. The City has verified that capacity exists to serve this project. 14. Dedications and Improvements: None Applicable 15. Concurrency: The concurrency certificate application submitted for this project has been reviewed. A concurrency certificate was issued for this project on May 22, 1991. . 16. Specific Land Use Criteria: The following special exception land use criteria apply to residential centers requiring special exception approval. A. The use shall satisfy all applicable regulations of the State of Florida and Indian River County as currently exist. B. The approving body shall determine that the proposed use is compatible with the surrounding neighborhood in terms of intensity of land use. As a measure of land use intensity, the expected number of persons per acre of the proposed use is equivalent to the number of persons per acre allowed within the respective zoning district. The number of persons per acre within the zoning district can be derived by multiplying the density (d.u./acre) by household size estimates for that structure type. for the purposes of this section, the following household size estimates shall apply: single family homes, 2.5 person per dwelling unit; multiple family, 2.0 persons per dwelling unit. The persons per acre intensity of the -_group home shall not exceed one and one-half times the intensity of adjacent residential zoning district(s). C. -To avoid unsafe or unhealthy conditions that may be produced by the overcrowding of persons living in these facilities, a minimum floor area per person shall be required. Floor area requirements shall be measured from interior walls of all rooms including closet space. 1. Total interior living space. A minimum of two hundred (200) square feet of interior living space_ shall be provided per facility resident. Interior living space shall include sleeping space and all other interior space accessible on a regular basis to all facility residents. 2. Minimum sleeping areas. A minimum of eighty (80) square feet shall be provided in each sleeping space for single occupancy. A minimum of sixty (60) square feet of sleeping space shall be provided for each bed in a sleeping space for multiple occupancy. 3. Bathroom facilities. A full bathroom with toilet, sink and tub or shower shall be provided for each five (5) residents. 28 4. To avoid an overdue concentration of group care facilities in one area, all such facilities shall be located at least one thousand two hundred (1,200) feet apart, measured from property line to property line. 5. If located in a single-family area, the home shall have the appearance of a single-family home. Structural alterations or designs shall be of such a nature as to preserve the residential character of the building. 6. The facility shall satisfy all applicable off- street parking requirements of Chapter 954. The facility shall meet or exceed all open space requirements for the respective zoning district. 7. The maximum capacity of such facilities shall not exceed the applicable number permitted by the department of health and rehabilitative services. 8. Group home permits are transferable. If the type of resident/client changes or the resident capacity increases to such an extent that it would raise the facility to a higher level group home as distinguished by the definition, the facility must be reevaluated for an administrative permit or special exception approval. All of these criteria have been addressed and satisfied by the application. 16. Surrounding Land Use and Zoning: North: Hospital/Medical South: Buckinghammock Subdivision/RS-3 East: Savannah Oaks Subdivision RS -3 West: Citrus Groves/RS-3 RECOMMENDATION: Based on the analysis performed, staff recommends that: 1. The Board of County Commissioners grant special use approval to Florida Baptist Family Ministries' to expand an existing residential center. The Chairman asked if anyone present wished to be heard. There were none, and he thereupon closed the public hearing. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously (4-0) granted Special Exception Approval to expand an existing residential center as requested by Florida Baptist Family Ministries. 29 JR 21991 �a BOOK J FA6L • 00 JUL 2199 BOOK 83 FADE ABANDONMENT - PORTION OF 78TH COURT (ROLAND & MARION BAUR) The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Doily 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 �I u� s 9 61, In the matter of � ' f/ In the „ Court, was pub- Ilshed in said newspaper In the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person. firm or corporation any discount, rebate, Commission or refund for jte purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this / r'day of: (SEAL) A.D.19 (-+f • / / j (Business Manager) —(Gierk-ef-the-Circuit-CouctJndian River Colintyi Flejrlda) littnk iv en, 4 .., Stroh of r-beMu MT Cu tznistion Expires June 29, 1973 NOTICE OF PUBLIC HEARING Notice of hearing to consider a petition for the dosing, abandonment, end vacation of all of 78th Court between 134th Street and 136th Street In Roseland. Said lands lying and being in Indian River A Florida County, healing at which parties In Interest end • citizens shat have an opportunity to be heard, wit be held by the Board of County Commissioners of Indian River County, Florida In the County Commix Won Chambers of the County Administration Butld- Ing. located at 1840 25th Street. Vero Beach, nor- . Ida, on Tuesday, July 2,1991 at 9:05 a.rn. Anyone who may wish to appeal any decision � that atvverbay be �atim record at Ws of the pprroceeeedingsoto t made which Includes the testimony and evidence upon which the appeal will be based. ,• INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Dick Bird, Chairman . June 11,1991 804195 Planning Director Boling made the staff presentation, as follows: 30 TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Obert . Arg, Community Devel•pmen THROUGH: Stan Boling, Planning Director FROM: John W. McCoy A - Staff Planner, Current DATE: March 27, 1991 ijrector AICP Development SUBJECT: Roland and Marion Baur's Request to Abandon a Portion of 78th Court Between 134th Street and 135th Street. It -is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 2, 1991. DESCRIPTION AND CONDITIONS: Roland and Marion Baur have submitted a petition for the abandonment of a portion of 78th Court between 134th Street and 135th Street. Per guidelines established by the Board of County Commissioners, the petition was reviewed by all County divisions and utility providers having jurisdiction within the right-of-way. All reviewing agencies have recommended approval of the abandonment, with the provision that the entire right-of-way be retained as a drainage and utilities easement. While the County is retaining the entire portion of the subject right-of-way as an easement; the property owners will benefit by being able to build in the old setbacks and use the easement (abandoned right-of-way) for setback purposes. This portion of 78th Court is not part of the roadway system as noted on the County Thoroughfare Plan, and is not needed for the thoroughfare system. This right=of-way is presently undeveloped and is heavily vegetated. Staff has determined that this "paper street" segment is not needed for future neighborhood traffic circulation, nor for convenient access to any private property. RECOMMENDATION: Staff recommends that the County abandon its rights to 78th Court and .that the Chairman of the Board of County Commissioners be authorized to execute the attached resolution (Attachment #3), with the condition: 1. that a drainage and utilities easement be retained over the entire subject right-of-way. 31 JUL 2199 BOOK 83 FAL iJ J U L 21991 BOOK 83 PALE 19E Chairman Bird inquired if there is any cost involved in the requested abandonment as he had always felt it was a pretty good windfall to the adjoining property owners. Director Boling advised that there is a $500 filing fee. Chairman Bird asked if anyone present wished to be heard. There were none, and he thereupon closed the public hearing. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously (4-0) approved Resolution 91-72 providing for the abandonment of 78th Court between 134th and 135th Streets in Roseland. RESOLUTION NO 91- 72 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT AND VACATION OF 78TH COURT BETWEEN 134TH STREET .AND 135TH STREET IN ROSELAND. SAID LANDS LYING IN INDIAN RIVER COUNTY, FLORIDA. WHEREAS, on February 19, 1991 the County received a duly executed and documented petition from Roland and Marion Baur of Roseland Florida, requesting the County to close, vacate, abandon and disclaim any right, title and interest of the County and the public in and to 78th Court between 134th Street and 135th Street, said lands lying in Indian River County, Florida. WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider said petition has been duly published; and WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that said right-of-way is not a state or federal highway, nor located within any municipality, nor is said right-of-way necessary for continuity of the County's street and thoroughfare network, nor access to any given private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title and interest of the County and the public in and to that certain right-of-way being known more particularly described as: That part of Beech Street (78th Court) lying between Blocks 50 and 52, bounded on the North by Wauregan Avenue (135th Street) on the South by Brevard Avenue (134th Street), according to the plat of the Town of Wauregan, recorded in Plat Book 1, Page 178 of the Public Records of St. Lucie County, Florida; now lying in Indian River County, Florida, is hereby forever closed, abandoned, vacated, surrendered, discontinued, remised and released, with the exception that a drainage and utilities easement be retained over the entire right-of-way, and this easement is reserved in perpetuity unto the County and the Public and shall not be deemed to have been closed or abandoned in any way by this resolution. 32 2. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof; and 3. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statues 336.10 in the Official Record Books of Indian River County without undue delay. The foregoing resolution was offered by Commissioner Wheeler who moved its adoption. 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 Absent Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 2nd day of July, 1991. BOARD OF COUNTY COMMISSIONERS OF INDIAN R VER COUNTY, FLORIDA BY: Richard N. Bird, Chairman Board of County Commissioners OLIVE MEGEARS' PROPERTY BOUNDARIES Administrator Chandler reviewed the following: TO: Board of County Commissioners DATE: June 24, 1991 THRU: James Chandler County Administrator FILE: Olive Megear's SUBJECT: Property Boundaries FROM: Ass'tty ooCoun y AdministratorfREFERENCES: BACKGROUND The County Administrator's Office received a letter from Olive Megears dated May 23, 1991 concerning her property- boundaries. Ms. Megears indicated that when she purchased Lots 11 and 12, Block 3, Replat of Blocks 3, 4, and 7 of Knights Addition to Edgewood approximately 20 years ago, she believed that the east half of Lot 13 was also included since it had the carport and a utility building on it. Ms. Megears also indicated that the carport and utility building have been there for almost 50 years. However, her deed and the subsequent 20 years of tax bills stated she only owns Lots 11 and 12. Ms.. Megears had a title search of Lot 13 done in May 1991 and the title search stated that Indian River County owns the lot. According to a May 1, 1945 County Resolution, the County acquired title to Lots 13, 14, 15, and 17-21, Replat of Blocks 3, 4, and 7 of Knights Addition to Edgewood from tax foreclosure and dedicated the above eight lots to public use and purposes and for public school use and purposes as requested by the County School Board. 33 J U L 2 1991 L [BOOK 83 FnuE I d P JUL 2 1991 -BOOK 83 PAGE Ilj The property has been dedicated for those purposes ever since. Since Ms.' Megears has buildings on county -owned land, she would like to obtain legal ownership of the east half of Lot 13.• • CURRENT Currently, Lot 13 is a partially improved, RM -10 zoned, 123' x 50' lot that has a drainage ditch and power lines cutting the lot in half. The west half is unimproved and is adjacent to Lots 14-21 which are paved for the junior high school parking. The east half consists of Ms. Megears' carport . and utility building. The Property Appraiser's office has indicated that the east half of Lot 13 has a market value of approximately $7,500. The School Board has no interest in the east half of Lot 13. RECOMMENDATION Staff recommends the Board rescind the above described dedication on the east half of Lot 13, Block 3, Replat of Blocks 3, 4, and 7 Knights Addition to Edgewood and declare the half lot as surplus property, and authorize staff to dispose of the east half of Lot 13 in accordance with F.S. 125.35. Since the value of the east half of Lot 13 is above $5,000, competitive bids are necessary. Staff will bring back, at a later date, the results of the competitive bids for Board approval and deed execution. Commissioner Eggert inquired what happens if someone should outbid Ms. Megears. Administrator Chandler noted that we would have to look at that realistically; however, he would not anticipate anyone else would be interested. Attorney Vitunac pointed out that such a possibility could cause Ms. Meager to bid a bit higher. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously (4-0) agreed to rescind the above described dedication, declare the half lot surplus property, and authorize staff to dispose of the east half of Lot 13, Block 3, Replat of Blocks 3, 4, and 7 Knights Addition to Edgewood by competitive bid, the results to be brought back to the Board, all as rec- ommended by staff. REQUEST TO DRAW ON LETTER OF CREDIT FOR ALAN R. SCHOMMER memo: This item was removed from today's agenda per the following 34 TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Obert M. iati Community Developm t Director THROUGH: Stan Boling, AICP Planning Director FROM: Christopher D. Rison (,-- Staff Planner, Current Development DATE: June 28, 1991 SUBJECT: PLANNING STAFF MEMORANDUM DATED JUNE 24, 1991 REQUESTING THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE STAFF TO DRAW UPON A LETTER OF CREDIT FOR ALAN R. SCHOMMER SP -MA -88-05-38 Please remove the above referenced memorandum from the Board of County Commissioners Agenda for its regularly scheduled meeting of July 2, 1991. On June 28, 1991, Planning division staff received notification from the County Utilities Department that the Letter of Credit submitted by Mr. Alan R. Schommer was renewed. Therefore, the staff request for authorization to draw upon the current Letter of Credit is no longer required. If you have any questions in this matter, please contact me at extension 239. BID #91-88 - CONTRACT FOR TREASURE SHORES PARK, PHASE I CONSTR. Chairman Bird announced that Public Works Director Jim Davis was selected Rural Engineer of the Year by the Florida Associa- tion of Engineers and Road Superintendents, and he automatically will be nominated for the national award as well. Board members expressed their confidence in Mr. Davis. Director Davis reviewed the following memo: JUL 2 1991 35 1 'JUL 2 199 BOOK :.J FA;E TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Director FROM: Terry B. Thompson, P.E.�, f Capital Projects Manager �J v SUBJECT: Treasure Shores Park Phase I Construction IRC Bid #91-88 DATE: June 25, 1991 DESCRIPTION AND CONDITIONS At the meeting of June 11, 1991, the Commissioners awarded subject project to Schopke Construction and Engineering, Inc., $388,310. Presented are four (4) contract documents Public Construction Bond and Certificate of RECOMMENDATIONS AND FUNDING Board of County the low bidder, in the amount of with appropriate Insurance. Staff recommends that the Board authorize the Chairman execute the contract documents. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, the Board unanimously (4-0) authorized the Chairman to execute contract with Schopke Construction & Engineering for Treasure Shores Park Phase I Construction in the amount of $388,310 as recommended by staff. to SAID CONTRACT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. REQUEST TO CLOSE INDIAN RIVER DR., SEBASTIAN, 4TH OF JULY The Board reviewed memo from the Public Works Director: 36 TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Request from Sebastian Fourth of July Festival Committee to Close Indian River Drive Between US 1 and Davis Street RE: Letter from John Beams, Chairman Dated June 3, 1991 DATE: June 11, 1991 DESCRIPTION AND CONDITIONS Request from the Sebastian Fourth of July Festival Committee to authorize the Sebastian Police Department to close Indian River Drive between US 1 and Davis Street on July 4th from 6:00 AM to 12 Midnight. Reasons are to accomodate the annual Parade and Festival. Staff has no objections to -this request, provided that: 1) Proper barricades as permitted by the Traffic Engineering Division are installed. 2) A representative be listed as a contact person in charge of the event in case the road needs to be opened. 3) Access to emergency vehicles be maintained. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, the Board unanimously (4-0) authorized the Sebastian Police Department to close Indian River Drive as requested on July 4th from 6:00 A.M. to midnight with the conditions set out above. RESOLUTIONS - GLENDALE LAKES SUBDV. STREET LIGHTING ASSESSMENT The Board reviewed memo from the Public Works Director: TO: FROM: SUBJECT: DATE: James E. Chandler, County Administrator James W. Davis, P.E., Public Works Director= Resolutions to Provide for the Establishment of an Assessment and Setting a Time and Place of the Public Hearing for Glendale Lakes Subdivision - Street Lighting June 10, 1991 FILE: glenph.agn DESCRIPTION AND CONDITIONS The County Public Works Department has received a petition for a public improvement assessment for street lighting improvements to Glendale Lakes Subdivision*. The petition was signed by approximately 60% of the property owners. 37 2 Ail BOOK 83 FAL 801 BOOK 83 f „(,E 802 JUL21991 Attached is a resolution providing for establishment of an assessment for Street Lighting improvement for Glendale Lakes Subdivision and a separate resolution setting the time and place of the Public Hearing to discuss the advisability, cost and amount of the assessment against each property owner. This Public Hearing has been scheduled for Tuesday, July 16, 1991 at 9:05 AM in the County Commission Chambers. An assessment roll and plat has been prepared and filed with the Clerk to the Board. RECOMMENDATIONS AND FUNDING It is recommended that motions be made to: 1) Adopt the resolution providing for the establishment of an assessment for street lighting improvements for the project subject to the terms outlined in the resolution. The applicable interest rate shall be 12% at the time the final assessment roll is approved. 2) Adopt a resolution setting the time and place of the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously (4-0) adopted Resolution 91-73 providing for the establishment of an assessment for Glendale Lakes Subdivision streetlighting and Resolution 91-74 setting a time and place for the public hearing. 38 RESOLUTION NO. 91- 73 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF AN ASSESSMENT FOR STREET LIGHTING LOCATED IN GLENDALE LAKES SUBDIVISION, PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITTED. WHEREAS, the County Public Works Department has been petitioned for the establishment of a street lighting district located in Glendale Lakes Estates Subdivision; and WHEREAS, street lighting has already been installed but a Street Lighting District will not be established prior to October 1, 1992; and WHEREAS, funding for the lighting is to be by special assessment prior to establishment of a District; and WHEREAS, the Street Lighting by special assessment funding is authorized by Section 11-21, 11-22, and 11-41, Indian River County Code of Laws and Ordinances; and cost estimates have been prepared for a first time assessment to fund street lights for a twenty-two month period at a cost of FIVE THOUSAND SIX HUNDRED THIRTY ONE DOLLARS AND NO CENTS ($5,631.00) and a cost per parcel for street lighting improvements is SEVENTY DOLLARS AND THIRTY-NINE CENTS; for the twenty-two month period; and WHEREAS, after the twenty-two month period, an annual estimate of. TWO THOUSAND, NINE HUNDRED SIXTY FOUR DOLLARS AND NO CENTS ($2,964) and a cost per parcel for street lighting improvements is THIRTY SEVEN DOLLARS AND FIVE CENTS ($37.05) have been completed by the Public Works Department; and WHEREAS, the special assessment shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Section 11-47, Indian River County Code of 39 JUL 21,(IF BOOK 83 Ft, -,E 611J JUL 2 1991 ��,' BOOK 83 ME 804 Laws and Ordinances. If not paid within ninety (90) days, assessment shall bear interest beyond due date at a rate established Icy the Board of County Commissioners; and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit from these improvement, to wit: (Legal Description attached [Exhibit A ]) NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for installation of street lighting improvements to Glendale Lakes Estates Subdivision; heretofore designated as Public Works Project No. 9114 is hereby approved subject to the terms outlined above and all applicable requirements of Section 11-41, et seq. Indian River County Code of Laws and Ordinances. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was Scurlock seconded by Commissioner Eggert a vote, the vote was as follows: and, upon being put to Chairman Richard N. Bird Vice -Chairman Gary C. Wheeler Commissioner Don C. Scurlock, Jr. Commissioner Margaret C. Bowman Commissioner Carolyn K. Eggert Aye Aye Aye Absent Aye The Chairman thereupon declared the resolution passed and adopted this 2nd day of July , 1991. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 40 N. BIRD, Chairman RESOLUTION NO. 91-74 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY IN GLENDALE LAKES SUBDIVISION AND OTHER INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF INSTALLATION OF STREET LIGHTING IMPROVEMENTS TO SAID PROPERTY AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 91_71, determined that it is necessary for the public welfare of the citizens of the county, and particularly as to those living, working, and owning property within the Glendale Lakes Subdivision and all areas described hereafter, that street lighting improvements be made to serve the described area; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 11-46, Indian River County Code, requires that the Board of County Commissioners shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of street lighting improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1.. The County .Commission shall meet at the County Commission chambers in the County Administration Building at the hour of 9:05 A.M. on Tuesday, July 23 1991, at which time the owners of the properties to be assessed and any other interested persons may appear before said Commission and be heard in regard thereto. The area already improved and the properties to be specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. JUL 2199 41 [koos 83 805 Pr- JUL 2191 BOOK 83 FA'E 8UC 2. All persons interested in the said improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, and an estimate of the cost thereof at the office of the Clerk to the Board any week day from 8:30 A.M. until 5:00 P.M. 3. Noticeof the time and place of this public hearing shall be given by the Department of Public Works by two publications in the Press Journal Newspaper a week apart. The last publication shall be at least one week prior to the date of the hearing. The Indian River County Department of Public Works shall give the owner of each property to be specially assessed at least ten days notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. 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 Absent Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly , 1991. passed and adopted this 2nd day of July Attachment: ASSESSMENT ROLL BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird, Chairman RESOLUTIONS 91-73 & 91-74 ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN THELR ENTLRETY. 42 REQUEST TO ALLOW CONCRETE DRIVEWAY IN UNPAVED COUNTY R/W (DUPUIS) Public Works Director Davis reviewed the following: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E. Public Works Directo SUBJECT: Request from Contractor James Dupuis for a License Agreement to Allow a Concrete Driveway within a County Unpaved Road Right -of -Way REF. LETTER: James E. Dupuis to County dated June 21, 1991 DATE: June 24, 1991 FILE: dupuis.agn DESCRIPTION AND CONDITIONS James Dupuis, Contractor, has constructed a concrete driveway approximately 15' within 32nd Avenue SW right-of-way which contains an unpaved road. Past county policy has been that no driveway will be paved within a County right-of-way where an unpaved road exists. The Public Works Department issued Mr. Dupuis a County Right -of -Way Permit application which specifically prohibits the driveway paving within the right-of-way. The Engineering Division Inspector did not recommend that a Certificate of Occupancy be issued until the concrete was removed from the right-of-way. Mr. Dupuis is requesting that the County issue a License Agreement to allow the concrete to remain in County right-of-way and that he would remove it when requested. ALTERNATIVES AND ANALYSIS To staff's knowledge, only once has the County issued a license agreement to allow a paved driveway to exist within the right-of-way containing an unpaved road (Graham Stikelether, licensee). Staff does not recommend that paved driveways be permitted within the right-of-way containing an unpaved road for the following reasons: 1) Unpaved roads erode into roadside swales, thereby creating the need for county equipment to re -excavate the drainage swale. The driveways become covered with marl/shell and equipment encounters concrete or pavement. The result is damage to county equipment. 2) When the road is paved, the driveways must be excavated and pavement removed so that a proper drainage system can be constructed. 3) Graders grading the roadway may possibly hit the pavement causing the grader to jar or bend the blade. The alternatives are as follows: Alternative No. 1 Deny issuance of a License Agreement to allow the driveway to remain and request Mr. Dupuis to remove the pavement within the right-of-way only. Alternative No. 2 Approve issuance of a License Agreement. RECOMMENDATIONS AND FUNDING Alternative No. 1 is recommended. JUL 21991 43 ROOK 83 EAE 89 J U L 2199 BOOK 83 F'AGE 808 Director Davis explained that Grovenor Estates is a subdivision of about 206 lots, and in 1985, the Board directed that we address violations in that subdivision for this same issue. At that time staff found there were 27 violations, and after working with the people, out of the 206 Tots, there now are only 19 driveways that are paved within the R/W. We have issued one license agreement to Graham Stikelether in the past to allow such a driveway to remain in Clemmons Estates, but staff still feels a driveway should not be paved in a county unpaved R/W for the reasons set out in the above memo. Commissioner Scurlock believed Mr. Dupuis is a contractor and that he has done this before without a permit. Director Davis advised that he had a permit issued, and on the back of the permit, it specifically states that he should not pave out into the R/W. Commissioner Scurlock noted that Mr. Dupuis, therefore, was aware of the restriction, but he went ahead and did it anyway. Commissioner Wheeler did not believe that Jim Dupuis is a contractor, and he believed there was some confusion over the issuance of the permit also. James Dupuis, 32nd Avenue S.W., Grovenor Estates, came be- fore the Board and stated that the driveway was formed up when he called for an inspection, and the inspector came out and signed off on it. He more or less built the house as owner/builder, and he did not know the driveway was not supposed to go past his property line. He has pictures that will show his driveway is not in the way of the grader, and he also has pictures of other driveways in Grovenor Estates that go past the property line. Commissioner Scurlock commented that he was led to believe that Mr. Dupuis had built a number of homes but this apparently is a lot different situation. Mr. Dupuis explained that his father is a contractor, and he just gave him a hand now and then with building his house. Commissioner Eggert believed that his father would have known about this requirement, and she believed Mr. Dupuis was issued a permit, on the back of which there was a reference to that requirement. Chairman Bird asked what hardship would be involved in cutting off the driveway at the property line if that were the wishes of the Board, and Director Davis advised it would just be a matter of sawing the concrete off, removing it, and putting in rock. Commissioner Eggert wished to know just how people are made aware of this requirement, and Director Davis stated that the list of conditions is simply set out on the back of the permit. 44 You would have to read through them, but he knew Mr. Dupuis' father was well aware of the condition. Commissioner Scurlock felt the key in this situation is whether this Mr. Dupuis is an owner/builder and it is a one time thing or is he a contractor. Commissioner Wheeler asked how deeply the senior Mr. Dupuis was involved with the house, and Mr. Dupuis stated that his father just answered his questions and he personally did not know the driveway was not supposed to go beyond the property line. He stressed that he just wished there had been better communication when he had this driveway inspected. Board members expressed concern as to how these inspections are carried out and the coordination we have between the various departments so that all meshes. Commissioner Wheeler spoke from the perspective of the public and home owner and felt we sometimes forget that we are here to serve the public rather than the other way around. He noted that the homeowner goes out their driveway several times a day while the grader probably doesn't go there more than every month or so, and he did not believe we have had a problem with the grader being damaged. He also did not believe we will pave that road in the next 20 years, and just felt it should be understood that when we ever do pave that road, it then is the owner's responsibility to move that driveway. Commissioner Scurlock pointed out the problem is that on an average, a house will change owners every 7 years or so, and you could go in to pave the road and be faced with 50 driveways that have to be removed, and the present owners will say they knew nothing about it. Chairman Bird noted that another problem is where the driveways are put in with improper elevation and impede the drainage for the whole subdivision. Director Davis informed the Board that there is a statement in red on the face of the permit advising that grade stakes and site inspections are required and please call 567-8000 Engineer- ing Division, but it may be possible that they called the Building Department instead. Commissioner Scurlock felt that we must be consistent and either issue these licenses or don't. He asked if we are in a position to grant a standard license agreement to allow people to put these driveways on unpaved roads, and Administrator Chandler believed that is what is going to need to be done because we do need to be consistent and possibly we need to change the policy. Mr. Dupuis submitted pictures of his driveway. Commissioner Wheeler felt they showed there is quite a distance from where the JUL 21991 45 ROOK 83 f E SOOO JUL 21991 BOOK 83 FACE 810 driveways ends and then there is R/W where the grader would go, but Commissioner Eggert pointed out that the driveway extends beyond the swale which is what bothers her. Question then arose as to how Mr. Dupuis set the culvert size, and he stated that he set the culvert at the height shown on the stakes, and he did call Engineering, but they said they didn't need to come out when they had already set the stakes. Commissioner Scurlock noted that is where he has a problem with the inspector just taking someone's word for all this instead of actually going to the site. Bill Meager of the Engineering Department informed the Board that the Engineering Department was not called for slab inspec- tion on this driveway. It is not shown on their records; the only record is that the Building Department signed off. Mr. Dupuis again explained that before he called County Permit, he called Engineering and told them he had set the culvert where they marked on the stakes and asked them if he needed to get any other inspections before he poured the driveway. They said No - all you need is to call for the County permit and have them come out and inspect the driveway. Considerable discussion enused regarding culverts, unpaved roads,.R/W, coordination, etc., with Mr. Meagar explaining that Engineering is in control of the R/W, and the Building Department is in charge of everything up to the property line. Administrator Chandler confirmed that authority to sign off on a driveway lies with Engineering and not with Building, and if a Building Inspector told them the driveway was all right, then we have a problem. Director Davis felt we need to table this item for a week or so and get together with the Building Department to substantiate exactly what occurred. Board members expressed concern about delaying Mr. Dupuis from moving into his house, but Mr. Dupuis and Director Davis explained that in order to get his C.O. and be able to move in his house, Mr. Dupuis put up a $200 bond to cover the cost of removing the concrete if that is what the Board decided. Commissioner Wheeler continued to argue in favor of issuing a license, but Commissioner Scurlock felt we must be extremely concerned about the long range precedent we would set as this could involve a terrible tracking problem. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, the Board unanimously (4-0) tabled further action on this item for one week. 46 CITRUS GARDENS SUBDV - FINAL RESOLUTION & ASSESSMENT ROLL (WATER) The Board reviewed memo from the Department of Utility Services: DATE: JUNE 21, 1991 TO: FROM: JAMES E. CHANDLER COUNTY ADMINISTRATOR TERRANCE G. PINTO? DIRECTOR OF UTILITY SER ICES PREPARED WILLI . McCAIN AND STAFFED CAPIT S ENGINEER BY: DEPAR ENT OF UTILITY SERVICES SUBJECT: CITRUS GARDENS SUBDIVISION FINAL RESOLUTION AND ACCOMPANYING FINAL ASSESSMENT ROLL IRC PROJECT NO. UW -89 -17 -DS BACKGROUND On May 28, 1991, the Indian River County Board of County Commissioners approved the final payment to Utility Systems of America, for the above -listed project (see attached agenda item). We now wish to have the Board of County Commissioners approve the attached final resolution and assessment roll. ANALYSIS The original approved assessment was in the amount of $208,373.00 and was approved on August 24, 1990, at a public hearing (see attached agenda item and resolution). The total final assessment is in the amount of $108,318.30. This results in a net savings of approximately 48% to the property owners. This agenda item finishes a petitioned assessment project, bringing water service to approximately 110 properties, most of which are deemed substandard by our comprehensive plan, and has eliminated a potential health threat in this part of our community. RECOMMENDATION The staff of the Department of Utility Services recommends approval of the attached final resolution and accompanying assessment roll for the Citrus Gardens water project. Commissioner Eggert had a concern about taking the high and the low bids and giving the people an estimated cost which can be considerably different than the actual final cost. Director Pinto advised that because of the considerable range in the bidding, they are throwing out the high and the low and trying to narrow it down. Commissioner Scurlock noted that the only alternative would be to go to bid before you do the assessment and then award the contract at the same time you pass your resolution setting the final assessment. All this means spending money up front, of course. JUL 2199i 47 BOOK � � ���� BOOK 83 ULE 812 Director Pinto pointed out that as times are now, you are getting lower bids, but when times get better, we want to careful that we do not get caught on the short end. He further noted that on the assessment we just did for 12th Street water, the estimated initial assessment is .79 whereas the final assessment here was .93, which really shows that the size of the 12th Street job is going to reduce the individual cost. Commissioner Scurlock asked if there is any advantage to combining a number of these projects and bidding them out to- gether, and Director Pinto felt there is and that is what we are doing on the 12th Street project contiguous. If the projects are would have to analyze each case, that would be a problem. where the various properties are not contiguous, he felt you' and if they are too far apart, ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, the Board unanimously (4-0) adopted Resolution 91-75 certifying "as -built" costs of water system in Citrus Gardens, date for payment, etc. RESOLUTION NO. 91- 75 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CERTIFYING "AS -BUILT" COSTS FOR INSTALLATION OF A WATER DISTRIBUTION SYSTEM IN CITRUS GARDENS DESIGNATED AS PROJECT #UW -89 -17 -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 August 21, 1990, 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. 90-93, 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. 90-93, 48 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. Resolution No. 90-93 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. 3. The final assessment roll for the project listed in Resolution No. 90-93 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. 90-93, 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 Eggert , and the motion was seconded by Commissioner S cur 1 ork 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 Absent Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 2 day of J u 1 y , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attesti''•• p►..�., 1. `"'" y • Jeif ��5(21iV'Barton, Clerk... By Richard N. Bird Chairman RESOLUTION 91-75 W/ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. 49 JUL 2 1911 BOOK FSIC JUL 21991 IXORA WAREHOUSE PROJECT - CHANGE ORDER NO. 2 The Board reviewed memo from Director Pinto: BOOK 83 FACE 814 DATE: JUNE 17, 1991 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTIr1I3''Y SERVICES STAFFED AND HARRY E. ASHER PREPARED BY:11/4'/'. ASSISTANT DI OF UTILITY SERVICES SUBJECT: IXORA WAREHOUSE PROJECT - CHANGE ORDER NO. 2 BACKGROUND: On Jan. 29, 1991, the Board of County Commissioners approved the contract and change order with Hunley Hubbard Construction for the construction of the Ixora Distribution Work Center. ANALYSIS: The construction is now approximately 90% complete. The following items to be completed, before C.O., are as set forth on the attached change order in the amount of $3,267.00 The total amount authorized for the project was $170,000.00. As shown by the attached analysis, the total projected cost for completion at this time is estimated at $150,920.08, including the attached change order. RECOMMENDATION: The Staff of the Department of Utility Services recommends that the Board of Board of County Commissioners approve the attached change order in the amount of $3,267.00 and authorize the Chairman to execute. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Wheeler, the Board unanimously (4-0) approved Change No. 2 for the Ixora Utilities Complex with Hunley-Hubbard Const. in the amount of $3,267 as recommended by staff. 50 ' '/ CHANGE OWNER 0 ORDER ARCHITECT 0 CONTRACTOR 0 AIA DOCUMENT G701 FIELD 0 OTIIER 0 PROJECT: I .R. C. Utilities Warehouse CIIANGE ORDER NUMBER: 2R (name, address) Ixora Utilities complex DATE: 05/14/91 Vero Beach, F1 TO CONTRACTOR: Hunley–Hubbard Const. ARCHITECT'S PROJECT NO: 4005 (name, address) P.O. BoX 6388 CONTRACT DATE: 12/20/90 Vero Beach, F1 32961 CONTRACT FOR: Metal Building The Contract is changed as follows: INSTALL EMERGENCY EXIT LIGHTS AS PER FIRE MARSHALL ERECT WOOD DUMPSTER FENCE AND LATCHING GATE ADD SIDEWALK AS PER SITE PLAN INSTALL ADDITIONAL CULVERT & HEADWALL AS PER D.O.T. $ 300. $ 1,587. $ 675. $ 705. Inrtinn ttivn (:o Admin. — .— ---- --- _Fi • 1 t i.ttrlitir-g. Rick Mgr. Approver, ; C�-- tlnte b-1*-• / -- r -, /P �?__J. e..- l 1.1i l'- 17 `1l Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) (Guaranteed Maximum Price) was Net change by previously authorized Change Orders $ The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was $ The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order in the amount of f The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will be f $ 44,480 $ 53,844 98,324 $ 3,267 $ 101,591 The Contract Time will be (increased) (decreased) (unchanged) by ( +0 ) days The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This summary docs not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. ARCHITECT Address BY Hunley Hubbard Const Indian River County C:ONPRAC; P.O. Box 6388 Address Vero Beach, F1 BY 09\ada4 Qgyei,4„ ovci'fi0 25th Street Address Vero Beach, Fl BY 05/14/91 DATE DATE DATE AIA DOCUMENT 0701 • CHANGE ORDER • 1987 EDITION • AIA® • (71987 • TIIE AMERICA.\ INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, DC. 20006 51 J U L 21991 G701-1987 BOOK j {,E L5 JUL 21991 BOOK 83 PAGE 816 AGREEMENT W/TANGLEWOOD VILLAGE MOBILE HOME PARK FOR CONNECTION TO W & WW FACILITIES The Board reviewed memo from Assistant Utility Director Harry Asher: DATE: JUNE 13, 1991 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES STAFFED AND HARRY E. ASHE PREPARED BY: ASSISTANT DIRE OF UTILITY SERVICES SUBJECT: AGREEMENT BETWEEN INDIAN RIVER COUNTY AND T.V. PARK, LTD. (TANGLEWOOD VILLAGE MOBILE HOME PARK - TVMHP) FOR PAYMENT OF IMPACT FEES AND CONNECTION TO INDIAN RIVER COUNTY WATER AND WASTEWATER FACILITIES BACKGROUND: T.V. Park, Ltd.,. 18 RV sites with Park, Ltd., does ANALYSIS: (TVMHP) currently serves 110 mobile home lots and on-site private water and wastewater plants. T.V. not operate under an Indian River County Franchise. At various times, TVMHP has experienced operating problems with both water and wastewater plants. Over a period of 1 1/2 years, the Department of Utility Services has attempted to negotiate connection of TVMHP to Indian River County water and wastewater facilities, which are adjacent to the development on US 1. Upon the Departments offer of extended financing of the impact fees to mobile home parks as authorized by the Board of County Commissioners in approval of increased rates, T.V. Park, Ltd., has executed the attached financing and connection agreements, agreeing to connect to Indian River County water and wastewater facilities. T.V. Park, Ltd., executed the financing agreement for payment of 119 ERUs of water and wastewater capacity (copy attached). Approval of this agreement will enable the elimination of a private wastewater treatment plant and achieve the goal of regionalization of Indian River County Utilities as adopted by the Board of County Commissioners and the Department of Utility Services. RECOMMENDATION: The Staff of the Department of Utility Services recommends that the Board. of County Commissioners approve the attached agreement between Indian River County and T.V. Park, Ltd., for the connection of TVMHP to Indian River County water and wastewater facilities and authorize the execution of the agreement by the Chairman of the Board of County Commissioners. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously (4-0) approved Agreement with T.V.Park, Ltd. as recommended by staff. SAID AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. 52 SOUTH COUNTY R.O. PLANT EXPANSION (RETAINAGE REDUCTION) The Board reviewed memo from Director Pinto: DATE: JUNE 12, 1991 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES PREPARED WILLIAM F. McC AND STAFFED CAPITAL PROJEC BY: DEPARTMENT OF U ITY SERVICES SUBJECT: SOUTH COUNTY R.O. PLANT EXPANSION RETAINAGE REDUCTION BACKGROUND On May 17, 1991, Inscho-Kirlin (the South County contractor) successfully reached substantial completion of the South County R.O. Plant Expansion. Shortly after the contract reached the 50% completion mark, and at the Engineer's (Camp Dresser & McKee) recommendation (and per the contract documents), the Board of County Commissioners reduced the required retainage from 10% to 5% of the total contract price. (See attached agenda item with approved minutes.) This action was approved by the Board on March 19, 1991. Now that the contractor has reached substantial completion, the contract documents allow for an additional retaining reduction from 5% to 2%. After a thorough review of "quality of work" by the contractor, and due to substantial completion being reached, the Engineer has recommended that retainage be reduced to 2% of the total contract price. ANALYSIS The original amount of retainage on this project (at 10% of the contract amount) was $321,000.00. As previously stated, after the contract surpassed the 50% complete mark, the Board reduced the retainage to 50%, or $160,500.00. The Utility Department concurs with the Engineer's recommendation to reduce the contractor's retainage to 2%, or $64,200.00. (See attached agenda item for previous retainage reduction, attached contract agreement, and Engineer's letter of recommendation.) RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the reduction of retainage on this project to 2% of the current construction cost. Commissioner Eggert commented that we did not go below 5% retainage on the construction of the Libraries, and she wished to know why we should go below that figure on this project. Director Pinto stressed that we are down to a virtually completed stage; this was originally set up in the contract; and he thinks it is fair. Commissioner Eggert advised that she just wondered if we had a consistent policy on this because she did feel there are some JUL 21991 53:n. 3BOOK 83 PAbE 81 G 3131. 21991 BOOK 83 FAGE 818 things we are doing where if you get below 5%, you couldn't get any corrections made. Administrator Chandler advised that we do not have a set policy dealing with percentage of retainage. Director Pinto noted that the project is not only complete, but the plant is very impressive, and he would urge the Board members to visit the plant if they have an opportunity. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously (4-0) approved the reduction of retainage on the South County R.O. Plant Expansion to 2% of the current construction cost as recommended by staff. PRODUCTION OF "NAPIER GRASS" AT COUNTY SOD FARM Director Pinto reviewed the following: DATE: JUNE 11, 1991 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO --/-70-'4 DIRECTOR OF UTILITY SERVICES STAFFED AND PREPARED BY: ROBERT O. WISEMEN, P.E. pp] ENVIRONMENTAL ENGINEER DEPARTMENT OF UTILITY SERVICES SUBJECT: PRODUCTION OF "NAPIER GRASS" AT COUNTY SOD FARM BACKGROUND: On May 28, 1991, Indian River County terminated the existing agreement with Brevard Sod, Inc. (IRC Bid No. 89-45) to maintain the County sod farm. This agreement was terminated as a result of Brevard Sod's abandonment of the farm, and failure to comply with the terms of the agreement. The permitted discharged capacity is 0.58 MGD, but the capacity of the ground in accommodating the flow, before creating overland flow, is 0.4 MGD. This limited capacity is caused by natural compaction due to inactivity of the soil itself and limited ability of the sod to absorb water. On May 17, 1991, a verbal proposal was submitted by Tjiong's Limousin Corral of Lakeland, Florida, to produce the subject grass at the sod farm, which will bring a mutual benefit for both parties. ANALYSIS: Napier Grass is a patented type of grass produced by cross -breeding Saccharum Usficinarum Linnaus (sugar cane) and Penisepum Purpureum Schumacher grass. It requires a large quantity of water and nutrients to grow, and grows best on well -drained ground. As a member of the sugar cane family, it has a large root (as thick as a bean sprout), which will absorb ground moisture and nutrients to nourish its system. It is anticipated that the grass can be 54 harvested at least three times per year during its mature stage. A study to determine the optimum amount of water needed for this type of grass has not yet been conducted; the water need would be evaluated after two years of operation (in the mature stage). Dr. James S. Taylor of the University of Central Florida, College of Civil and Environmental Engineering Department, has expressed an interest in conducting this study. The possibility of D.E.R. grant funding for this study will be investigated further. This study will determine the optimum water consumed by the vegetation and water purification through this grass; this would result in a possible increase in discharge capacity to the sod farm for the West Regional Wastewater Treatment Plant. RECOMMENDATION: The staff of the Department of Utility Services recommends that the Board of County Commissioners provide approval to negotiate with Tjiong's Limousin Corral and approve the research to be conducted, which would benefit in permitting purposes. The Department will return to the Board with a final proposal agreement to be approved. JUL 2 iSP 55 N BOOK 3 FA6E 810 BOOK JUL 21991 r•r Chairman Bird expressed concerns about what the grass will do to the soil in the long term. He did not see this as an infinitum use of the land. Director Pinto noted that we are not saying this is exactly what we are going to do. He has started to talk to these people and thought the Board should be aware of it and see what we are contemplating and before moving ahead, have scientists and staff make a presentation. If this gets past our review and staff thinks it is worthwhile, then they will bring it to the Board and have a full presentation. It is a very interesting concept, but he felt uncomfortable talking to them without the Board's approval. Commissioner Scurlock felt this fits into our overall approach. We have a lot of things going on which it is very important to keep coordinated, and he felt we should look at all possible alternatives. Commissioner Wheeler asked if this grass is something that pollinates, and Director Pinto advised that it is root stock and looks almost like sugar cane. Commissioner Scurlock asked if there is a place to take it when you harvest it, and when you redevelop the site, does it involve a major excavation to get this out? Other Board members had various questions, and Director Pinto agreed that all this is exactly what would be investigated. He noted that we also have to make some decisions on the long term use of that property. Commissioner Scurlock and Administrator Chandler both stressed the importance of coordination and of timing with all the projects going on, the master plan going on, re use, the deep well, etc. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously (4-0) approved negotiation and research as proposed with the Utilities Department to bring a final proposal agreement to the Board. 56 LICENSE AGREEMENT W/ABYSS MARITIME (WABASSO CAUSEWAY) The Board reviewed the following memo from Attorney Collins: TO: The Board of County Commissioners FROM: William G. Collins II - Assistant County Attorney GOC Beth Jordan - Risk Manager DATE: June 28, 1991 /"T-' SUBJECT: License Agreement with Abyss Maritime, Inc. at Wabasso Causeway PRESENT SITUATION: Paragraph 2e of the License Agreement requires Abyss Maritime, Inc. to maintain public liability insurance with an A. M. Best rating of Ai- VII, naming the County as additional insured, with policy limits of no less than $500,000.00 per person and $1,000,000.00 annual aggregate, workers' compensation in statutory limits, and employer's liability of $100,000.00 per accident, $500,000.00 disease (policy limit), and $100,000.00 disease for any employee as may be required by law. Abyss Maritime, Inc. has been unable to provide insurance coverage for its power vessels as required by the License Agreement. Lacking insurance, the County issued a cease and desist order with respect to power vessels on June 26th. Abyss Maritime, Inc. has been allowed to maintain sailboat operations since adequate insurance has been provided for those vessels. Under Paragraph 3 of the License Agreement, the County may terminate the License Agreement in the event of any default or violation of the provisions of the agreement by notifying Abyss Maritime, Inc. in writing. AVAILABLE OPTIONS: A. Terminate the agreement; B. Modify the agreement to reduce the required afforded the County; or insurance protection C. Modify the agreement to exclude those power vessels on which satisfactory insurance cannot be obtained. OTHER ISSUES: In the short time Abyss Maritime, Inc. has been operating at the Wabasso Causeway, a number of other issues have come to the County's attention, including: 1. Parking vehicles overnight (Paragraph F requires Abyss Maritime, Inc. to remove all equipment and property at the end of the business day, but does not specify departure time) . 2. Banner signs at the Causeway. County codes allow no signs without a permit other than those mounted or painted on a vehicle. 3. Waterskiing is being advertised, but none of the vessels insured have sufficient horsepower to pull a waterskier. Mr. Davis, President of Abyss Maritime, Inc., has indicated• that he does not rent his ski boat but provides water skiing rides. (It is staff's opinion that this boat should be insured, as a water skiing accident could involve the County as a defendant no matter who the driver is . ) 57 JUL 2 1991 Boor, co PruC Pt. ‘99‘ BOOK83 PAGE 82 4. It would be helpful to provide a list of vessels being rented by hull identification number. 5. Selling of bait and renting of fishing equipment in direct competition with tax paying, licensed businesses. (Bait sales and fishing equipment rentals are not permitted by the License Agreement.) 6. Jet skis. The term "power vessels" in Paragraph la of the License Agreement should be qualified as to whether or not it includes jet skis. (The Board has denied permission for jet skis to be rented at the Causeway in the past . ) 7. Food or beverage sales, including alcohol on County property. Absent express consent, these are not licensed activities. 8. The portion of the County park premises licensed at the Wabasso Causeway is not specifically identified, i.e., North, South, East, West, etc. 9. Workers' compensation insurance needs to be provided. Since the License Agreement is with a corporation, all employees of the corporation must have workers' compensation coverage. It should be noted that the letter from Abyss Maritime, Inc. applying for use of the Causeway dated June 4, 1991 was specifically limited to boat rentals, including "power boats" rather than "power vessels". The second paragraph of the letter of application indicated that there would be no advertising required at any time and that the use of the site would be in daylight hours only. Along with the application, Abyss Maritime, Inc. provided a copy of the Personal Watercraft Rental Contract Terms and Conditions. Paragraph 8 precludes operation of the personal watercraft while under the influence of alcohol, narcotics, barbiturates, drugs or marijuana. Similarly, Paragraph 7 of the Personal Watercraft Rental Disclosure makes consumption of alcoholic beverages cause for termination of the use of the watercraft. CONCLUSION: The Risk Management Department and Attorney's Office, as well as the applicant, request some direction from the Board as to which of the three principal options listed above is preferred, along with any comments regarding other matters which have arisen in the first week or two of operation. RECOMMENDED OPTION: Modify the License Agreement to exclude those power vessels on which satisfactory insurance cannot be obtained; and add the following terms: - Hours of Operation: 9:00 a.m. to 6:00 p.m. - Signs conforming to County code. - No water skiing. - No bait and equipment sales and rentals. No jet skis ▪ No food, beverage or alcohol sales ▪ Location on Causeway 58 Chairman Bird believed that there may have been some change in status since the memo was written. Attorney Collins agreed that the situation has changed. He noted that the license agreement with Abyss Maritime was approved two weeks ago based on their providing insurance by a certain time. This was not carried through on time for the power boats. Abyss did get with another company and provided coverage for power boats, but it was with a company that was not of the proper rating. At that point the memo was written suggesting we exclude power boats if the proper coverage could not be obtained. Yesterday, however, Abyss was able to get coverage on power boats from Lloyd's of London. Attorney Collins continued that in the meantime he has been receiving calls from people with concerns. Some say vehicles are being left there overnight, which is precluded in the agreement. Mr. Davis says he is removing them at the end of his business day, but the agreement doesn't specify hours of operation. We also have had complaints about signs at the causeway. Apparently there is a banner on the vehicle itself. Water skiing is being advertised, but none of the insured vessels have sufficient power to pull a water skier. Mr. Davis has informed us that he is not renting the ski boat; he is driving it himself and will provide insurance on that boat. Commissioner Scurlock inquired about jet skis, noting that he has seen a flier advertising this business which mentioned water skiing and wave runners, which he believed are 2 -man jet skis. Attorney Collins stated that the agreement does not provide for jet skis. Mr. Davis explained that the advertising in question is advertising that he has used for other sites and areas, and it was already drawn up and printed. He assured the Board that any advertising he has printed in the future would exclude any mention of wave runners or jet skis as he has no intention of ever providing them. Attorney Collins further advised that our license agreement just provides for rental of boats and does not allow any other commercial activities such as the sale of food or beverage, bait or fishing equipment. Commissioner Scurlock asked if there is any requirement that he have a permanent business location or an approved site when he takes this equipment home, and Attorney Collins said there is not Mr. Davis informed the Board that he has a permanent business location - 90% of the equipment goes to his warehouse on Di 21994 59 BOOK Di 1991 BOOK 83 F' GE 8 99th Street, and he puts his sailboats back of his house on the canal. The neighbors have no problem with that, and he would be extremely nervous about leaving them anywhere else. Attorney Collins had another point relating to Mr. Davis using the northeast pull -off, and the other issue relates to workmen's compensation which you must have unless you have only officers and executives Collins advised that he officers and directors, corporation's agreement continued that most all has taken a lot of time of the company working for you. Mr. has learned that the 4 workers are and he would like to have a copy of the agreement about that for our files. He these points have been worked out, but it on the phone and he wanted the Board to know about it. We do now have the insurance so there is no need either to modify or terminate the agreement. Mr. Davis referred back to his use of the northeast quadrant pull -off. He informed the Board that he has a verbal agreement with the manager of Sailboat Center who also has a license agreement. They need to have an on -shore breeze for the wind surfers, and if there is a need for them to be on the windward side, he is willing to move his operation for that day. He noted that he does prefer the northeast pull -off and further noted that his operation takes up only about 50' of the shoulder. Chairman Bird inquired about the hours of operation, asking if they are 9:00 to 6:00 or dawn to dusk. Mr. Davis stated that actually nothing happens until at least 9:00 or 10:00 A.M. and he does not mind the hours of actual operation being 9:00 to 6:00, but he does have to tow the boats over there earlier and bring them back later than those hours. It was felt the agreement could be modified accordingly. Chairman Bird asked that Mr. Davis be sure to conform to the County codes on signage and also not park his vehicle up adjacent to the pavement but closer to the water. Mr. Davis advised that the vehicle is moved closer to the water and he only has a banner sign on it which he rolls up and removes at night. He stressed that he does not leave the truck there overnight, but he does get it there very early in the morning. Discussion then ensued regarding water skiing, and Mr. Davis stated that he will have insurance coverage, and he will be the only one running the ski boat; he will not rent that out. Commissioner Scurlock asked if we can exclude jet skis or wave runners, and Mr. Davis agreed the new agreement could exclude them. Chairman Bird commented that to him the skiing is questionable because we need to be aware of the neighboring 60 residential community, the manatee areas, the grass beds, and the sailboat areas; however, we do have a 30 day cancellation clause if there is any problem. Mr. Davis advised that he has discussed with the Marine Patrol the area where they can operate without interfering with anything. Commissioner Scurlock asked if anything in the lease limits the water ski operation, and Mr. Davis advised that he will only have one ski boat, and he did not mind limiting this in the lease. Chairman Bird next noted that there will be no bait or equipment sales from the causeway, and Mr. Davis stated that was never his intention but apparently there has been some misunderstanding about it with Mr. Parsons. He has been trying to set up with him to purchase shrimp and tackle to go with the rentals. If someone rents a boat and wants to go fishing, he would like to have tackle and bait available for them, and he has to purchase it somewhere, which obviously will have to be some place else. It does read there is a choice of fishing or skiing equipment available with all rentals, but he is not renting it. Chairman Bird stated that he would have a problem with them dispensing any of this from the causeway. Mr. Davis emphasized that he just wants to say that for bait and tackle, this is where you go to get that and also you have to have a license for fishing. He does not sell food or beverages, and he does not allow alcohol in any of his boats. Chairman Bird again pointed out that this is a 1 -year license and cancellable in 30 days, and he felt if it is run professionally and according to our understanding here this morning, it can provide additional recreational opportunities and can be an asset. He knows that area can be overused and that some residents have a concern so we must be sure this operation is compatible with a tranquil atmosphere. He further noted that we are only charging a minimal amount the first year to allow them to get started, and financial figures are to be provided at the end of the year. He would anticipate that at the start of the second year we may be looking for some increase in remunera- tion to the county. Mr. Davis agreed this has been discussed, and he has no problem with it. Mr. Steven Parsons, 6895 73rd St., Wabasso, came before the Board and was upset that there was no public notice about something this important to the North County. He personally did not see why there should be any business on the causeway; it was meant for the public; and he did not see why all this activity is JUL 21991 61 BOOK i PAGE C` 30L. 2199 POOK 83 f'4GE 8 ' needed right next to the Learning Center and near Pelican Island. He also did not think Mr. Davis has been completely honest with the Board regarding signs which he had on the D.O.T. right-of-way on U.S.I. He informed the Board that when he told Mr. Davis he didn't think there should be any business on the causeway, Mr. Davis said in that case, he will just set up a pontoon boat 5' off the causeway and work out of that. Mr. Parsons felt if this keeps up, there won't be any room for the public. He was also concerned that advertising has been passed out all over the county that is incorrect. Mr. Davis says he is not going to rent jet skis, but that was on the flier. Another of his concerns is that you are putting uninformed and inexperienced tourists in power boats in a very shallow area of the river. Mr. Parsons continued to present objections, noting that he is not saying he doesn't want competition; he already has that; but there is only one causeway and the river frontage there is limited so it should not be filled up with businesses. If we want more recreation on the river, how about a launch ramp or a park at the end of North Winter Beach Road. Chairman Bird advised that he was involved in this at the Parks & Recreation Committee level. The quadrants of the causeway are several hundred feet in length, and these activities only take up a small portion of the shoreline. He stressed that he is very sensitive to that area; he believed the County has done a good job with the improvements there; and he certainly doesn't want to turn it into a Coney Island. The only reason he is inclined to go along with the Sailboard Center and with this proposal is that it is giving the general public who may not have their own boat an opportunity to get out on the water, and he did feel if the proposed operation is run properly, safely and efficiently, it can be an asset. If it is run incorrectly, he would be the first to vote to cancel the agreement, and he is certainly against any additional concessions in this area in the future. Commissioner Wheeler asked about Mr. Davis having had signs in the U.S.I. R/W, and Mr. Davis explained that he did apply to the D.O.T. for permission and he did put signs on the R/W this weekend. If there is a problem, he will wait till he gets the approval from the D.O.T. before he puts his signs out again. Chairman Bird and Commissioner Wheeler advised him that it is not just the D.O.T., it is also the county, and the signs are not allowed. Commissioner Wheeler remarked on how ugly the Florida Keys have become with all the banner and rental signs, but being a businessman himself, he did not know how you do business without 62 signs. He pointed out that if this business is allowed on the causeway, then why wouldn't he, for instance, be allowed to go there and sell doughnuts. He personally, however, has a problem with putting a commercial venture in a non-commercial area. Commissioner Scurlock asked if it is legal to run a commercial venture out of a park, and County Attorney Vitunac believed it is legal if the Board finds that it enhances the benefits of the park. Commissioner Scurlock noted that in the 11 years he has been on the Commission, he has not had the first person ever ask him for more commercial activity at any of our parks. He has some question about commercializing any of our activities. He believed we have had problems with several of our commercial activities at the Fairgrounds, and other than the Sailboard Center, he really doesn't know of any of these type activities that have been successful. He believed there are plenty of opportunities to get a boat rental elsewhere, and his question is where do you begin and where do you stop. Attorney Vitunac noted that we do have canoe rental at Dale Wimbrow Park. Mr. Parsons urged that the Board turn this down now. Discussion continued at length both pro and con about some of the errors or misunderstandings that have occurred in regard to the subject operation already, and Commissioner Wheeler pointed out that sailboards and canoes aren't motor boats, and he just has a problem with commercializing our parks. In fact, he is definitely against having commercial in any non-commercial area. Chairman Bird pointed out that the City of Vero Beach for years has had concession on their beaches for rental equipment, but Commissioner Scurlock felt that was all passive equipment. Commissioner Eggert noted that while she has some concern, she does feel there are some amenities the public expects at parks. She was not, however, feeling good about having power boats there. Chairman Bird agreed that he also would feel more comfortable with not having motorized vessels at thislocation, and he asked how Mr. Davis would feel about modifying the agreement to allow only non -powered vessels. Mr. Davis stated that he did not have a problem with that with the understanding that power boats still would be available; he would still rent them in the river area; he just would not rent them at this location. His banner would still state that power boats are available, but they would not be moored at the causeway. He would, however, have to have one power boat there 63 BOOK JUL 21991 J U L 2 1991 BOOK 83 FAGS 8� for retrieval purposes. He would be agreeable to not renting the power boats from the causeway or having them anchored there. The Board had many questions as to where the people who rent the power boats would be parking their cars; would the boats be brought in on a trailer; where someone renting a power boat would leave it; would they land at the causeway, etc.; and Mr. Parsons commented that it sounded very much to him as if Mr. Davis intends to bring the power boats down to the causeway launch ramp with a trailer and a customer and launch them there, which he felt is the same as renting the boats there. Commissioner Scurlock commented that his impression is that this all sounds as if we are going to be operating on the edge. The Board continued to discuss "gray" areas, and Chairman Bird asked if the Board wishes to give this operation a chance and then cancel it if we are not satisfied, or what. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Wheeler, Chairman Bird voting in opposition and Commissioner Bowman being absent, the Board by a 3 to 1 vote directed staff to give Abyss Maritime, Inc., 30 days notice and terminate the License Agreement. FIREARMS.RANGE COMMITTEE REPORT Chairman Bird reviewed the following memo: FIREARMS RANGE COMMITTEE SUMMARY OF ACTIONS MEETING OF 6/26/91 The committee reviewed Carter and Associates engineering report and the environmental report of the property for the proposed firing range near 20 -mile bend. The report brought out many problems relating to permitting and mitigation. The committee unanimously recommended that the County Commission notify St. Johns that this property is not suitable for a firing range, and ask them to consider other upland sites. In the meantime, committee members will investigate other areas of the County in an attempt to find a suitable piece of property that the County could purchase for a range facility. Commissioner Scurlock believed the LAAC has a list of properties they are looking at now and possibly those could be reviewed to see if they are environmentally compatible for the purpose of a firing range. Commissioner Wheeler asked why the subject property isn't compatible, and Chairman Bird advised that in a survey, it was found that the major portion of the property is considered 64 wetlands which would require a considerable amount of off-site mitigation in order to drain and fill. In addition, the grove owners to the west have a flowage easement across this property. There were numerous concerns which make the site too expensive to develop. He stressed the amount of time and frustration involved in trying to find a suitable and inexpensive piece of land. Commissioner Wheeler asked about the possibility of some area near the Landfill, but Chairman Bird advised that area was looked at early on and we need about 60/80 acres. Commissioner Scurlock noted that we did look at a site that has some irregularity in shape on the other side of 1-95. He felt Chairman Bird has had some unfair criticism regarding not finding property for a firing range, but this Commission certainly was not going to spend a million dollars to buy a site, and as to saying land would have been found if it had been a golf course, that golf course is making money. He personally would support some public monies with possibly some Law Enforcement grants being used for this purpose, and the private sector should have to support it to some extent. Chairman Bird confirmed that we are already expanding the search, and he just wanted to notify St. Johns that while we appreciate them making this available, it doesn't appear suitable for our purpose and we would like them to consider an alternate site with more upland characteristics. Commissioner Scurlock believed if we are ever going to get a firing range, we will have to make a decision here to put up some money. He believed we also need to put the rest of Carter's contract on hold until we can find an alternate site. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously (4-0) author- ized staff to do what is necessary administratively to hold the contract with Carter and Associates in abeyance while we expand the search for an alternate firing range site and notify St. John's as discussed. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment, the Board of County Commissioners would reconvene sitting as the District Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. J U L 219'91 65 BOOK 8j FA E 8 J U L 21991 BOOK 83 F'A[ E 830 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:30 o'clock A.M. ATTEST: 66 Chairman