Loading...
HomeMy WebLinkAbout2/11/1992BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, FEBRUARY 11, 1992 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Carolyn K. Eggert, Chairman Margaret C. Bowman, Vice Chairman Richard N. Bird Don C. Scurlock, Jr. Gary C. Wheeler ******************* 9:00 A.M. 1. CALL TO ORDER 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - Comm. Carolyn K. Eggert 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS 1, Addition to Item 12 - Deed to Old Library - of a discussion re proposed ordinance placing restrictions on sale of the old library in the future. 2. Deferment for one week of Item 11-G-1 -- Award of Bid #92-65/Sandridge Golf Course Second "18" Construction. PROCLAMATION AND PRESENTATIONS None James E. Chandler, Charles P. Vitunac, Jeffrey K. Barton, * * * * * * * * * * * * * * * * County Administrator County Attorney Clerk to the Board *********** 5. 6. APPROVAL OF MINUTES None 7. CONSENT AGENDA A. Approval of appointments of Deputy Sheriff, by Sheriff Tim Dobeck: Donald J. Guiry Kenneth M. Shields A. C. Morris B. Approval of Duplicate Tax Certificate No. 325, in the sum of $1,342.49 for Ruth Sullivan. Approval of Duplicate Tax Certificate No. 3152 in the sum of $134.28; and Certificate No. 1572, in the sum of $469.17, for Sam High. C. Proclamation Designating Feb. 22, 1992 as Advertising Day in I.R.C. D. Release of Utility Liens (memorandum dated February 4, 1992) NOK�F- a ** FEB 1192 ROOK 7. CONSENT AGENDA (oont'd): E. Approval of appointment of John Olbermann to Firearms Range Committee (letter dated February 3, 1992) F. Miscellaneous Budget Amendment 014 (memorandum dated February 5, 1992) C. Award of Bid #92-34 / Uniforms (Emerg. Services) (memorandum dated February 4, 1992) H. Bid Award: IRC 92-57 / Water Expansion Plan Contract #1 (Utilities Dept.) (memorandum dated February 3, 1992) I. Bid Award: IRC 92-58 / Water Expansion Plan Contract #2 (Utilities Dept.) (memorandum dated February 3, 1992) J. Bid Award: IRC 92-59 / Water Expansion Pian Contract #3 (Utilities Dept.) (memorandum dated February 3, 1992) K. Bid Award: IRC 92-60 / Water Expansion Plan Contract #4 (Utilities Dept.) (memorandum dated February 3, 1992) L. Bid Award: IRC 92-61 / Water Expansion Plan Contract #5 (Utilities Dept.) (memorandum dated February 4, 1992) M. I.R.C. Courthouse Project - Kimmins Contracting Corp., Inc. Asbestos Abatement Contract Change Order No. 1 (memorandum dated January 31, 1992) N. Surplus Property - Drive -up Banking Facility (memorandum dated February 3, 1992) O. Space Needs Study - VOA Request for Final Payment (memorandum dated February 4, 1992) P. Cancellation of Delinquent Taxes (memorandum dated January 27, 1992) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a.m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS Frank Zorc's Request to Speak Regarding Proposed Courthouse (letter dated February 5, 1992) B. PUBLIC HEARINGS The Visitation House Center of Spirituality's Request for Special Exception Change of Use and Conceptual Pian Approval (memorandum dated January 31, 1992) LP.tl 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY SERVICES None C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS 1. Award of Bid #92-65 / Sandridge Golf Club Second "18" Golf Course Construction (memorandum dated February 5, 1992) 2. Resolution Approving the Submittal of a Grant Application Under the State of Florida FY 1993/94 Beach Erosion Control Assistance Program (memorandum dated February 3, 1992) 3. FDOT Joint Participation Agreement for Intersection improvements at CR510 and SR AIA (memorandum dated January 31, 1992) H. UTILITIES 1. Gifford Water Tower Refurbishment Change Order No. 2 and Final Pay Request (memorandum dated January 28, 1992) 2. Eighth Street Water Main Extension Final Pay Request (memorandum dated February 3, 1992) 3. Sludge/Septage Facility - Engineering Services (memorandum dated January 9, 1992) 12. COUNTY ATTORNEY Deed to Old Library (memorandum dated January 30, 1992) FEB 11 1992 C,OOR. FACE b(1 FEB ii 1992 eorK 'z f,16E bidt9 13. COMMISSIONERS ITEMS A. CHAIRMAN CAROLYN K. EGGERT B. VICE CHAIRMAN MARGARET C. BOWMAN C. COMMISSIONER RICHARD N. BIRD D. COMMISSIONER DON C. SCURLOCK, JR. E. COMMISSIONER GARY C. WHEELER 14. SPECIAL DISTRICTS A. NORTH COUNTY FIRE DISTRICT None B. SOUTH COUNTY FIRE DISTRICT None C. SOLID WASTE DISPOSAL DISTRICT 1. IRC Bid #92-52 Expansion of Baler Building (memorandum dated January 29, 1992) 2. Solid Waste Collection Franchises - Residential Curbside Recycling Contract Request to Schedule Public Hearing (memorandum dated February 4, 1992) 3. Interlocal Agreements / Residential Curb- side Recycling (memorandum dated February 3, 1992) 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, February 11, 1992 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, February 11, 1992, at 9:00 o'clock A.M. Present were Carolyn K. Eggert, Chairman; Margaret C. Bowman, Vice Chairman; Richard N. Bird; Don C. Scurlock, Jr.; and Gary C. Wheeler. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Eggert requested an addition under Item 12 - Deed to Old Library - of a discussion regarding a proposed ordinance which would place restrictions on the proceeds from the sale of the old library in the future. Administrator Chandler requested a 1 -week deferment of Item 11-G-1 - Award of Bid #92-65/Sandridge Golf Club Second "18" Golf Course Construction - in order to verify information on some of the bids that have been received. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously added and deferred the above items. CONSENT AGENDA Chairman Eggert requested the removal of Item M for discussion. A. Approval of Appointments of Deputy Sheriff by Sheriff Tim Dobeck ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously approved the following appointments of Deputy Sheriff by Sheriff Tim Dobeck: Donald J. Guiry Kenneth M. Shields A. C. Morris 000K FEB 1.1 1992 F. E L� 92 LUGS` 'b f ;� B. Approval of Duplicate Tax Certificates ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously approved Duplicate Tax Certificate No. 325, in the sum of $1,342.49 for Ruth Sullivan. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously approved Duplicate Tax Certificate No. 3152, in the sum of $134.28; and Certificate No. 1572, in the sum of $469.17, for Sam High. DUPLICATE TAX CERTIFICATES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD C. Proclamation - Advertising Day A PROCLAMATION DESIGNATING FEBRUARY 22, 1992 AS ADVERTISING DAY I14 INDIAN RIVER COUNTY, FLORIDA ' WHEREAS, on February I2, 1992, the Treasure Coast Advertising Federation will be presenting the 13th Annual ADDY Awards saluting creative excellence in advertising produced In 1991; and WHEREAS, these awards recognize the best creative efforts of local advertising agencies, media, printers, and related suppliers during the past year; and WHEREAS, the work of the members of the Federation continues to play an increasingly important role In the economic well-being of Indian River County; and WHEREAS, the Federation provides numerous scholarships to deserving local students wishing to enter advertising as a career; NOW, THEREFORE, HE 1T PROCLAIMED RY IIIE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that February 22, 1992 be designated as ADVERTISING DAY In Indian River County, and the Board urges all citizens of Indian River County to recognize the efforts and achievements of all the members of the Treasure Coast Advertising Federation. Adopted this 11th day of February, 1992. 2 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA MroTy rc': 'Ege-rd Ch51 rinan-'. D. Release of Utility Liens The Board reviewed the following memo dated 2/4/92: TO: Board of County Commissioners FROM: Lea R. Keller, CLA, County Attorney's Office DATE: February 4, 1992 RE: CONSENT AGENDA - B.C.C. MEETING 2/11/92 RELEASE OF UTILITY LIENS I have prepared the following lien -related documents and request that the Board authorize the Chairman to sign them: 1. Satisfactions of Impact Fee Extension Liens in the names of: BIRD/MARKS COMMUNITY DELIVERANCE TEMPLE DEAN 2. Releases of Special Assessment Liens from A -1-A (North Beaches) PROJECT in the names of: PRESSLEY ZITO 3. Releases of Special Assessment Liens from 12th STREET PROJECT in the names of: SIPES STARCEVICH PETERSON 4. Releases of Special Assessment Liens from ROYAL POINCIANA PROJECT in the names of: HANSZ BRELSFORD 5. Releases of Special Assessment Liens from SUMMERPLACE PROJECT in the names of: GOLDBERG CHOHONIS 6. Releases of Special Assessment Liens from NORTH COUNTY SEWER PROJECT in the names of: AMERICAN MEDICORP. INC./HUMANA, INC. COLETTI REA HOLDER MUNCH GINI STRANG MIRANDA 3 FEB 1 1 1992 L BOOK 8Li F',14 �1a.� 92 BOOK Uz�rA,r. 7. Releases of Special Assessment Liens from HEDDEN PLACE in the names of: AMATUCCI COMES DUKIN HEFFNER WALKER 8. Releases of Special Assessment Liens from ROCKRIDGE SEWER PROJECT in the names of: SMALL GRAHN 9. Release of Special Assessment Lien from PHASE I WATER PROJECT in the name of: HINMAN ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously approved the above listed lien -related documents, as recommended by staff. COPIES OF RELEASE OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 4 E. Appointment to Firearms Range Committee The Board reviewed the following letter dated 2/3/92: Board of County Commissioners 1840 25th Street Vero Beach, FL 32960 1950 South U.S. Highway One #84 Vero Beach, FL 32962-7258 February 3, 1992 Attention: Ms. Alice White Dear Ins. White: Below is a thumbnail resume as requested by the Firearms Range Committee. Am a Machinist, Auto Mechanic, Auto Machinist, Maintenance Man, Heavy Equipment Mechanic, Gun Mechanic, Tractor Operator, Inventor, (several patents) Entrepreneur and licensed Community Association Manager, (CAM). Have owned and operated a 21 -unit apartment complex and a mobile auto repair business. Helped construct a gun range at Usery Pass, in Apache Junction, Arizona. Was a member of Cactus Combat League which produced two national champions. Was a match official for Soldier of Fortune's 1982 Black Canyon Arizona three gun match. At present I am engaged in promoting my plan for a World Class Gun Range in Indian River County. Sincerely, alle.4.001-4011-0-0•C- John Olbermann ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously appointed John Olbermann to the Firearms Range Committee. 5 FEB 111992 (!UCir 8t) f.,UC L1 4 FEB 992 BOOK fA;c b 5 F. Miscellaneous Budget Amendment 014 The Board reviewed the following memo dated 2/5/92: OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: February 5, 1992 SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 014 CONSENT AGENDA FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: 1. The Board of County Commissioners at their meeting of December 17, 1991 approved the purchase of a weather system from ZEPHYR. This budget amendment allocates the funding. 2. An agreement between SEA and Indian River County was approved January 19, 1988. Due to a request from DER, DNR, Harbor Branch and SJRWMD for prints and to make Seagrass maps, there was a delay in getting us the film. This budget amendment allocates funding for the payment. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment number 014. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously approved Budget Amendment 014, as recommended by OMB Director Baird. 6 TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director Entry Number 1. SUBJECT: BUDGET AMENDMENT NUMBER: 014 DATE: February 5. 1992 REVISED Funds/Department/Account Name ; Account Number REVENUES General Fund Cash Forward 1001-000-389-040.00.$ EXPENSES General Fund - EMS Office Furniture & Eaujpment !001-2Q8-526-066.41 Communication EauiDment - All 001-208-526-066.45 Increase 1 Decrease 24,334 16.759 7.575 0 0 2. REVENUES M.S.T.U. Reserve for Continaencv 1004-199-581-099.91 EXPENSE M.S.T.U. - Community Develop. Other Professional Services 004-205-515-033.19 $ 0 $ 1.400 1-400 G. Award of IRC Bid #92-34 -- Uniforms (Emergency Services) The Board reviewed the following memo dated 2/4/92: DATE: February 4, 1992 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Sery FROM: Fran Boynton, Purchasing Manage SUBJECT: Award of Bid #92-34/Uniforms Emergency Services BACKGROUND INFORMATION: Bid Opening Date: Specifications mailed to: Replies: VENDOR Harrison Uniforms Orlando, F1 October 9, 1991 Eleven (11) Vendors Two (2) Vendors PRICE (See attached) Martin's Lamar Uniforms (See attached) Miami, F1 7 FEB 11 1992 mor : b F'A E 1516 0 FEB 1992 MOK ESTIMATED AMOUNT OF BID: $55,000.00 RECOMMENDATION: Staff recommends that the bid be awarded to Harrison Uniforms as the overall lowest, most responsive, responsible bidder. Staff recommends the award of an Open End Contract. Also, authorize the Purchasing Manager to renew the contract subject to satisfactory performance, zero cost increase, vendor acceptance, and the deter- mination that renewal is in the best interest of the County. The initial contract period shall begin on the date of award. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: FROM: DATE: SUBJECT: Fran Boynton Purchasing Man er Doug g Wri h �' birector Emergency Services October 16, 1991 IRC Bid #92-34 Uniforms My staff and I have reviewed in detail the uniform bids which were submitted by Martin's Lamar Uniforms and Harrison Uniform Company. It appears Harrison Uniform is the low bidder for the majority of the items specified in the bid package. The Department has had prior experience with Harrison Uniform Company which Was very satisfactory. I cannot make that same statement for Martin's Lamar Uniforms who, until recently, had the uniform bid for the department. It is my recommendation that the bid for uniforms be awarded to Harrison Uniform Company as the low and responsive bidder. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously awarded Bid #92-34 to Harrison Uniforms as an open end contract, as set out in the above staff recommendation. .8 H. Award of IRC Bid #92-57 -- Water Expansion Plan. Phase I - Contract #1 - Utilities Department The Board reviewed the following memo dated 2/5/92: DATE: FEBRUARY 5, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR THRU: TERRANCE G. PIN / IW------ ERV DIRECTOR OF UTILITY ICES FROM: HARRY E. ASHER ASSISTANT DIRE OR OF UTILITY SERVICES SUBJECT: INDIAN RIVER COUNTY PROJECT NO. UW -91 -02 -DS, SUBDIVISION WATER EXPANSION PLAN - PHASE I ASSESSMENT - CONTRACTS NO. ONE THROUGH FIVE The attached recommendation of award for contract No. 1 through 5 represents the construction of the above -referenced project, as approved by the Board of County Commissioners on December 3, 1991. A copy of the agenda item approved describing the areas to be serviced is attached. SUMMARY OF WATER EXPANSION PLAN, PHASE I IRC PROJECT NO. UW -91 -02 -DS The Water Expansion Plan Phase I project was divided into five contracts in order to allow more contractors to bid than if it remained one large contract. The following is a brief description of each contract: Contract 1: Water transmission lines from the South County R.O. Plant to 27th Avenue; transmission mains on 27th Avenue from Oslo Road to 8th Street; plus Emerson Villas and Graves Annex Subdivisions. Contract 2: Water transmission mains along 4th Street from 27th Avenue to Old Dixie Highway. Contract 3: Clearview Terrace and a portion of Indian River Heights. Contract 4: Moreland Estates Subdivision and Bonny Vista Subdivision. Contract 5: Large portion of Indian River Heights. 9 FEB W92 BOOK 85 F' iE bit3 Pr - FEB 11 1992 BOOK The Board reviewed the following memo dated 2/3/92: farm /1I DATE: February 3, 1992 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Admi istrator H.T. "Sonny" Dean, Director Department of General Sery FROM: Fran Boynton, Purchasing Managef SUBJ: Bid Award: IRC 92-57/Water Expansion Plan Contract Utilities Department #1 BACKGROUND INFORMATION: Bid Opening Date: Specifications mailed to: Replies: BID TAB 1.Boyce Company St Petersburg January 15, 1992 Twenty Five (25) Vendors Seven (7) Vendors LUMP SUM $ 928,215.60 2.P & C Construction $ 962,413.50 Murdock 3.Jobear $1,010,455.40 Palm Bay 4.GBS Excavating $1,016,556.00 Ft Pierce BID TAB 5.Underground Ind West Palm Bch . 6.Utility Sys. Daytona Beach 7.Jasco Corp Ft Myers ENGINEERS ESTIMATE: $1,185,000.00 SOURCE OF FUNDS: Utilities General Impact Fees TOTAL AMOUNT OF BID: $ 928,215.60 RECOMMENDATION: Staff recommends that the bid the lowest, most responsive specifications set forth in the In addition, staff requests the agreement when all requirements by the County Attorney. COPY TO: LUMP SUM $1,083,667.50 $1,085,850.00 $1,086,020.00 be awarded to Boyce Company as and responsible bidder meeting Invitation to Bid. Board's approval of the attached are met and approved as to form Terry Pinto, Utilities Director Duke Oster, Environmental Engineer Joe Baird, Budget Director APPROVED AGENDA ITEM BY: J s E. Chandler, unty Administrator S 10 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously awarded Bid #92-57 to Boyce Company and approved the Agreement, as set out in the above staff recommendation. CONTRACT #1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD I. Award of IRC Bid #92-58 -- Water Expansion Plan. Phase I - Contract #2 - Utilities Department The Board reviewed the following memo dated 2/3/92: DATE: February 3, 1992 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Sery FROM: Fran Boynton, Purchasing Manage SUBJECT: IRC Bid #92-58/Water Expansion Plan Contract Utilities Department #2 BACKGROUND INFORMATION: Bid Opening Date: Specifications mailed to: Replies: BID TAB 1.Tri-Sure Corp Auburndale 2.AOB Underground Indiantown 3.Boyce Company St Petersburg 4.Utilities Sys. Daytona Beach ENGINEERS ESTIMATE: LUMP SUM $192,070.00 January 15, 1992 Twenty Five (25) Vendors Eight (8) Vendors $198,562.50 $206,907.71 $221,900.00 $341,500.00 BID TAB 5.G.E.French Okeechobee 6.Jasco Corp Ft Myers 7.Underground Ind. West Palm Beach 8.GBS Excavating Ft Pierce SOURCE OF FUNDS: Utilites General Impact Fees LUMP SUM $244,299.50 $246,154.00 $257,214.00 $277,930.00 TOTAL AMOUNT OF BID: $192,070.00 STAFF RECOMMENDATION: Staff recommends that the bid be awarded to Tri -Sure Corporation as the lowest, most responsive and responsible bidder meeting the specifications set forth in the Invitation to Bid. In addition staff requests the Board's approval for the chairman to execute the attached agreement when all requirements are met and approved as to form by the County Attorney. FEB 11 992 11 EOOK PCE Pr" FEE 11 619 BOOK I a T� ' u t gd' ? ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously awarded Bid #92-58 to Tri -Sure Corporation, and approved the Agreement, as set out in the above staff recommendation. CONTRACT #2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD J. Award of IRC Bid #92-59 -- Water Expansion Plan. Phase I - Contract 3 - Utilities Department The Board reviewed the following memo dated 2/3/92: DATE: TO: THRU: FEBRUARY 3, 1992 BOARD OF COUNTY COMMISSIONERS James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Servi /�_ FROM: Fran Boynton, Purchasing Manage SUBJECT: IRC Bid #92-59/Water Expansion Plan Contract #3 Utilities Department ;11 i BACKGROUND INFORMATION: Bid Opening Date: Specifications mailed to: Replies: BID TAB LUMP SUM 1.Boyce Company $229,283.61 St Petersburg 2.Ted Myers Cont.$237,465.10 Winter Beach 3.AOB Undergrnd. $248,255.00 West Palm Beach 4.Jasco Corp. $303,077.50 Ft Myers January 15, 1992 Twenty -Five (25) Vendors Seven (7) Vendors BID TAB 5.GBS Excavating Ft Pierce 6.Underground Ind. West Palm Beach 7.Utilities Sys. Daytona Beach LUMP SUM $304,588.00 $307,305.00 $311,037.50 TOTAL AMOUNT OF BID: $229,283.61 SOURCE OF FUNDS: Utilities General Impact Fees ENGINEERS ESTIMATE: $316,000.00 RECOMMENDATION: Staff recommends that the bid be awarded to Boyce Company the lowest, most responsive and responsible biddermeeting specifications set forth in the Invitation to Bid. In addition, staff requests the Board's approval of the attached agreement when all requirements are met and approved as to form by the County Attorney. as the 12 EBS. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously awarded Bid #92-59 to Boyce Company and approved the Agreement, as set out in the above staff recommendation. CONTRACT #3 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD K. Award of IRC Bid #92-60 -- Water Expansion Plan. Phase I - Contract #4 - Utilities Dept. The Board reviewed the following memo dated 2/3/92: DATE: February 3, 1992 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Services FROM: Fran Boynton, Purchasing Manager I� SUBJ: Bid 92-60/Water Expansion Plan Contract *4 Department of Utilities BACKGROUND INFORMATION: Bid Opening Date: January 15, 1992 Specifications Mailed to: Twenty Five (25) Vendors Replies: Seven (7) Vendors BID TAB 1.Boyce Co. St Petersburg LUMP SUM $313,723.57 BID TAB 5.Jasco Ft Myers LUMP SUM $358,388.00 2.P & C Const. $316,480.00 6.GBS Excavating $379,063.00 Murdock Ft Pierce 3.AOB Under. $324,220.00 7.Underground Ind$379,075.00 Ft Pierce West Palm Beach 4.Utilities Sys $349,600.00 Daytona Beach ENGINEERS ESTIMATE: $406,100.00 SOURCE OF FUNDS: Utilities General Impact Fees TOTAL AMOUNT OF BID: $313,723.57 STAFF RECOMMENDATION: Staff recommends that the bid be awarded to Boyce Company as the lowest, most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid. In addition, staff requests the Board's approval of the attached agreement when all requirements are met and approved as to oform by the County Attorney. s 992 13 ns9 RUOK. PA uI4.7 t""� FEB 11 '2 BOOK ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously awarded Bid #92-60 to Boyce Company and approved the Agreement, as set out in the above staff recommendation. CONTRACT #4 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD L. Award of IRC Bid #92-61 -- Water Expansion Plan. Phase I Contract #5 - Utilities Dept. The Board reviewed the following memo dated 2/4/92: INN/ MO DATE: TO: THRU: February 4, 1992 BOARD OF COUNTY COMMISSIONERS James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Servi FROM: Fran Boynton, Purchasing Manage SUBJ: Bid Award: IRC 92-61/Water Expansion Utilities Department Plan Contract #5 BACKGROUND INFORMATION: Bid Opening Date: Specifications mailed to: Replies: BID TAB 1.Boyce Co St Pete January 15, 1992 Twenty Five (25) Vendors Eight (8) Vendors LUMP SUM $ 327,167.01 2.P & C Const. $ 359,562.00 Murdock 3.AOB Under. $ 373,504.00 Indiantown 4.Utilities Sys $ 404,150.00 Daytona Beach BID TAB 5.Derrico Melbourne 6.Jasco Corp Ft Myers 7.Underground Ind West Palm Beach LUMP SUM $ 413,690.00 $ 422,332.50 . $ 432,290.00 8.GBS Excavating $1,016,556.00 Ft Pierce (Rejected) ENGINEERS ESTIMATE: $408,100.00 SOURCE OF FUNDS: Utilities General Impact Fees TOTAL AMOUNT OF BID: $327,167.01 RECOMMENDATION: Staff recommends that the bid the lowest,most responsive specifications set forth in the In addition, staff requests the agreement when all requirements by the County Attorney. be awarded to Boyce Company as and responsible bidder meeting Invitation to Bid. Board's approval of the attached are met and approved as to form 14 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously awarded Bid #92-61 to Boyce Company and approved the Agreement, as set out in the above staff recommendation. CONTRACT #5 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD M. IRC Courthouse - Asbestos Abatement Contract. Chancre Order #1 - Kimmins Abatement Corp. The Board reviewed the following memo dated 1/31/92: DATE: JANUARY 31, 1992 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRE DEPARTMENT OF GENERAL SER SUBJECT: INDIAN RIVER COUNTY COURTHOUSE PROJECT KIMMINS CONTRACTING CORPORATION, INC. ASBESTOS ABATEMENT CONTRACT CHANGE ORDER NO. 1 BACKGROUND: When the survey was performed to determine the amount of asbestos in and on the old buildings located on the building site, there were two of the structures the surveyors were unable to get into. This was due to the fact, the County did not own the buildings and the owners would not give us permission to enter for testing purposes. The contract with the abatement contractor was written with unit prices to perform the various tasks. The purpose was to lock in prices for any additional work, we would require. During salvaging operations in the buildings our crews, along with some unauthorized persons, caused damage to some ceiling areas that contained asbestos. The material fell to the carpeted floor causing contamination. This carpet has to be disposed of in the same manner as the other materials containing asbestos. FUNDING: Change Order Number One is the cost associated with removal and disposal of the items outlined above. RECOMMENDATIONS: Staff recommends approval of Change Order Number One in the amount of $17,749.75 and requests authorization for the Chairman to execute the necessary paper work. Monies will come from the project account. 15 FEB. P,00K 8 ii PAGE )2 FEB .9 BOOK 1 ! �. Ua r, - Chairman Eggert questioned the damage costs, and General Services Director Sonny Dean explained that during salvaging operations, some unauthorized persons caused damage to some ceiling areas that contained asbestos. The material fell to the carpeted floor causing contamination, and the carpet has to be disposed of in the same manner as the other materials containing asbestos. Chairman Eggert also questioned the removal of the vinyl flooring because she understood that is not required in some areas of the country, but Director Dean confirmed that we are being required to include the vinyl flooring. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved Change Order No. 1 in the amount of $17,749.75 to the contract with Kimmins Abatement Corp., Inc., as set out in the above staff recommendation. CHANGE ORDER #1 ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD N. Surplus Property - Drive -up Banking Facility The Board reviewed the following memo dated 2/3/92: DATE: FEBRUARY 3, 1992 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY, ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECT DEPARTMENT OF GENERAL SERVICE SUBJECT: SURPLUS PROPERTY - DRIVE -UP BANKING FACILITY BACKGROUND: The County purchased a Drive -up banking facility which was located on property that will be used for the new courthouse project. This facility is scheduled for demolition early this month. The equipment in this facility was advertised for sale over a two week period. We did not receive any bids. The Indian .River Federal Credit Union has requested that the equipment be donated to them for use in serving credit union customers. They will be responsible for removal without cost to the County. RECOMMENDATIONS: Staff recommends approval of the request with the understanding that the County will not be responsible for the condition of said equipment or any cost associated with removal and installation. 16 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously approved the donation of the surplus equipment to the Indian River Federal Credit Union with the understanding that the County will not be responsible for the condition of the equipment or any cost associated with removal and installation, as recommended by staff. O. Space Needs Study The Board reviewed the following memo dated 2/4/92: DATE: FEBRUARY 4, 1992 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRE DEPARTMENT OF GENERAL SERVICE SUBJECT: SPACE NEEDS STUDY - VOA REQUEST FOR FINAL PAYMENT BACKGROUND: The subject study is complete and has been accepted by the Board of County Commissioners. In accordance with Article 10.2.6 of their contract, the consultant is entitled to final payment of all retainage. VOA has requested payment in the amount of $4,250.00, which is the total funds left unpaid on the contract. RECOMMENDATIONS: Staff recommends Board approval to pay the $4,250.00 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously authorized final payment of $4,250 to VOA Associates, Inc. for the Space Needs Study, as recommended by staff. P. Cancellation of Delinquent Taxes The Board reviewed the following memo dated 1/17/92: 17 FEB 111l992 E'OOK of F4„6E FES 1i 1992 BooK TO: BOARD OF COUNTY COMMISSIONERS FROM: Charles P. Vitunac, County Attorney DATE: January 27, 1992 RE: CANCELLATION OF DELINQUENT TAXES The Tax Collector has requested that the County adopt the attached resolution cancelling delinquent taxes on land which the County has recently purchased. RECOMMENDED ACTION: Board authorize the Chairman to execute this resolution and the Clerk to send a certified copy of it to the Tax Collector so that the taxes can be cleared. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously adopted Resolution 92-31, canceling certain delinquent taxes upon publicly -owned lands, pursuant to Section 196.28, Florida Statutes. Re: CR #510 (Parcel #105) 1 /31 /92(1agaI) RESC) / Vlc RESOLUTION NO. 92- 11 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, 18 governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28; F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner S cur 1 o c k and the motion was seconded by Commissioner Bo w m a n , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Ay e Vice Chairman Margaret C. Bowman Ay e Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Ay e The Chairman thereupon declared the resolution duly passed and adopted this . 11 day of February , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: daoicw—B on Cle6 Attachment: Warranty Deed to Indian River County from Earline G. Lewin Ford, O. R. Book 922, Page 178 By CarolynnK. Egge airman 19 FEB 111992 Indian Riva Ca Approved Date Admin. ' e— —1 -5 -- legal I _3j Budget Dept. Risk Mgr. BOOK „� ,, FEB BOOK itJ F ,E 5:0 FRANK ZORC'S REOUEST TO SPEAK REGARDING PROPOSED COURTHOUSE The Board reviewed the following letter dated 2/5/92: REAUOR Telephone: (4(17) 562-4646 (407)567.1314 DISTRIBUTION LIST Commiss- ioners' Administrator • FRANK LEO ZORC Attorney RnuTroe-DmeLOPER-Ihmnmt-STORAGE."Awman!Arnc"� — .Personnel (:: Public Works Community Dev. Utilities • Financej i' Other r/r�C��Q./ February 5,. 1992 HAND DELIVER A.M. THIS DATE. �,�`Lti�32A�`'Z&?����9� r ff' ee �vr The Indian River County Commission ir4697 ..�;1840 25th. Street ►� n•;Vero Beach, Florida 32960 A. c.; Al (t) • AT VERO AIRPORT SELF STORAGE & TRAt1P. CENTER 2301 27th Ave.. Suite A9. • Vero Beach. Florida 32960 Office of the Secretary of the Commission: • ay s ... .Goo • orning . W1JI New CourthouseTRRININIT Be Backwards? The undersigned 30 year resident/taxpayer of Vero Beach and Indian River County Florida requests the above subject matter be placed on the next meeting of the commission for full discussion. The City Council should be invited. When the question of this new building facing west was brought up by Mr. Doty, I immediatly shared his concern, but couldent justify an involvement untilthe following new facts came about. How r••as I illustrated last week at the Republican Womans Club Luncheon, IF it now is true that the county is acquiring additional.]and, AND the City is willing to vacate 16th. Ave. NOW:... We have an entirely new scenario and new opportunity nor a better site plan than with the restricted "L" shaped, two parcel property the county architects were restricted to. I discussed the above at length with Gary Wheeler, but as with other commissioners the crux of their feelings were, why had not the city approached them long ago, and been more involved with the process. This is of course a question that also needs to be thoroughly ' addressed. Why do we not have a more consistent routine liason between the County and City governments ? The fact is we have all new possibilities with the changes noted and these options must be addrssed for the best desision for the taxpayers. I was the one who had a position for "considering" facing the new build- ing south. That would be the most normal decision, facing Rt 60 the main road. 'Persons driving by would see the front of the structure the most beautiful part. If this can be done within the framework of acceptable economics,this is what I will favor. Your prompt arrangement for t ite to be on the agenda will be appreciated. Respectfully,. Frank L. 20 Chairman Eggert advised Frank Zorc that the Board would be happy to give him five minutes to present his position regarding the placement of the Courthouse on the site. Frank Zorc, 35 -year resident/taxpayer of Indian River County, stated he was here today because of the Board's recent authorization to acquire a missing link of property on the corner of 20th Street and 17th Avenue and because of the recent twist that the City of Vero Beach may reverse its position in not granting an abandonment. With the acquisition of the out parcel, there is now a totally new site which is rectangular and intact, not L-shaped and in two parcels. He noted that James Musgrove, a director of the architectural firm that submitted the major concept and the site plan for the new Courthouse, acknowledged in a very recent letter to the Board that the ultimate outcome of the plan that was presented and approved was dictated by the fact that 16th Avenue could not be closed. Mr. Musgrove went on to state that if this option was actually available, it would present an opportunity to restudy the design. This option appears open to the Commission now. Mr. Musgrove further stated that closing of the street would be an improvement to the current scheme. Mr. Zorc realized that there would be added costs to changing the placement of the Courthouse, and although he fights added costs every chance he gets, he stressed that it would take approximately less than one-half of one percent in added costs to improve the appearance of this beautiful building by facing it toward SR -60 where its beauty can be seen at the most. He has heard some people say that the back of this building is just as pretty as the front. If that is true, he would suggest doing away with the gingerbread on the front because it is just a waste of taxpayers' dollars. He highly recommended that the Courthouse be placed on the site as shown in the following plan: FmwY1T u. 0992 THIS IS A ROUGH DRAFT: S Ts. COVERED PANNINGt! INT TWO GARAGES. P ROVIDES DIRECT CO7RIECTION PARKING GARASH TO MAIN BUILDIN.NO CROSSING STREET ` NO HEATHER TO CONTEND WITH. LEAVES EXISTING FLOOR P LAN ALMOST INTACT PACES HOST BEAUTIFUL PANT OP BUILDING TONARO MAIN STREET. PROVIDE OOtes AOCESB GROUND LEVEL PARKING BOTH SIDE GP FRONT ON BUILDING. A000 GREEN SPACE FOR • DSl�FSUILD` LFACING SPACE LEFT FOR BUILDING MANSION RORER 3101. SPACE POR FUTURE ADDITION TO NAIR BUILDING 4:1.1 1 LL t + Irrfl l.I I I -e n• 1 T91W..�. .. -� WAGE PARKING Fr�Iilil' •�`. � • Fag_ OPER rtwo R4::i�itr Fur i�+�J SPACES LAINMPLO1ERS OPEN GREEN SPACE IAINIiLOM6R3 CiP1'F4 LAWN 35711000 ., A •► itfll I Cato ERR WesY A ,J �� Z'"i' SS•. n•`4J4'' r ,h' +� ' m e80 ORORO Oa�.DaG..i�.ilydd� 50 RMRG .tea r 01ACE8 �a ROAD CONRTROAD ANa0D JIA1N SOUTH -ROUTE 60, 20TH. ST. FRONT ELEVATION 21 I! ' W74-' 4-' BOOK Fa,,Ebl?• 1992 BOOK Chairman Eggert announced that a workshop with County staff and City Council is scheduled for this afternoon, but Mr. Zorc pointed out that he wanted to speak before the Board today because at a workshop you are not necessarily given the right to speak in public. Commissioner Scurlock stated that he is thoroughly satisfied with the work of the committee. He had considered the closing of 16th Avenue, but took that out as an option since there are only three connecting streets, 14th, 16th and 20th Avenues, that will allow one to cross the Twin -Pairs when it is finally constructed. He believed that three access points to be able to move east or west is minimal at best and that doing away with one of the three would be a mistake. He felt the larger footprint provided by the acquisition of the out parcel would not change anything in a major way but to give us a construction site while we are building the facility and a future site to build offices for the Public Defender's Office and the State Attorney's Office. He noted that it was the County's direction from Vero Beach to try not to have any variances, and we have abided by that. He felt that Commissioner Wheeler has done an outstanding job with the Courthouse Planning Committee and that the consensus of opinion is that the best design has been reached. Commissioner Wheeler appreciated Mr. Zorc's interest incoming today and felt his plan has merit. However, the Committee looked at various concepts, and it was felt that no matter what concept that came forward, you could find some merit in it. Basically, at this point, Commissioner Wheeler stated that he is happy with the concept and design that was submitted and approved. Mr. Zorc felt that the Board was missing his point totally, which is that there is now an opportunity to place the Courthouse over the entire two -block area without any constraints. He emphasized that even the architect has said that they worked within the constraints of not closing off 16th Avenue. Chairman Eggert agreed with Commissioner Scurlock about not closing off one of the three access points. In the beginning, she would have liked to have seen 16th Avenue closed off, but after many meetings, she is convinced that closing it would throw off the traffic pattern. Commissioner Bird felt that the approved plan concentrated on getting the people into the building in an easy manner, and Commissioner Wheeler emphasized that the building was designed to be very functional. It could be designed to face any direction, but the Committee decided to have the building facing west so as to be easily accessed from the parking garage. 22 Mr. Zorc emphasized that all he is asking is that the Board look at the option that wasn't there before, and Commissioner Wheeler thanked him for coming. Chairman Eggert reported that she had carried forth the Board's suggestion to the Mayor of Vero Beach that perhaps the City would like to participate in the purchase of the out parcel. The Mayor indicated that he didn't feel the City would be particularly interested, and she wondered if the Board would want her to carry forth a formal request. Personally, she has mixed emotions about whether it would be best for the County to have total control of the ownership of that property, but she would make a written, formal request if the Board wishes. Commissioner Scurlock anticipated there would be a number of interactions with the City during this whole process such as the use of the parking garage since we are using taxpayers' money to build it. There are some questions that will have to be addressed such as whether there is going to be a parking fee, whether the City is interested in leasing some space, and whether the downtown merchants are willing to provide some funds. Commissioner Scurlock emphasized that he didn't believe it is the County's intent to provide free parking for the entire downtown area. Chairman Eggert stated that all she is asking is whether we should have full control of the land, but Commissioner Scurlock felt we should work hand in hand together to maximize our economical resources. Chairman Eggert advised that she would write a letter saying that we see a number of things in which we could participate together. Commissioner Bird felt that is the right direction to take. Although he wasn't sure we should have joint participation in a piece of property, he did feel we need to look for some joint participation in some way. Chairman Eggert thanked the Board for their direction and stated she would move on with that. 23 FEE s' 0 ��� aJ 1'1,6E. FEB BOOK Ti ['AGE PUBLIC HEARING - REOUEST BY VISITATION HOUSE CENTER OF SPIRITUALITY FOR SPECIAL EXCEPTION CHANGE OF USE AND CONCEPTUAL PLAN APPROVAL The hour of 9:05 o'clock A.M. having passed, the County Attorney announced that this public hearing has been properly advertised, as follows: • 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�.1.// t—/. in the matter of -.60 54 4./../ in the , Court, was pub- g ai /95' lashed in said newspaper in the issues of Aftiant 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 al tient further says that he has neither paid nor promised any person, firm or corporation any discount, rebate. commission or refund fOA the purpose of securing this advertisement for publication in The said newspaper. ol Sworn to and subscribed before me thhs �' a}L' of ail i i .D. 19 � (SEAL) (Businfi3ds Manager) r•• t.olnly f ublic, k*, nt fkrl41 My Commis:ion E plies Jona 2F, IF?3 24 45th ST ; NORTH • el MUM NORO :N: i�... Subject • Site: .gym. fi —di 1 - NOTICE OF PUBLIC HEAR940 Notice of hearing to consider the of apo- dal exoepfbn approval for a place of wor .The T . car can e E.above29, N In sertion rT 32 8. and Range 39 See the ap for the location. A pudic hearing at which parties in interest and MUMS shall have an opportunity to be heard. w9 be held by the Board of County CUMM4141JIVUld of the County Canmis- alai Chambers tRher he County Administration Budd- ing. located at 1840 25th Street, Vero Beach, Fior- k1a on Tuesday, February 11, 1992, at 9:05 a.m. wtdch may Anyone who may wish any decision�m� lesure thatt a verbatim of the procees made. which includes testimony and evidence upon which the appeal N based. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 8 9 K Egger, Chairman Jan. 889151 The Board reviewed the following memo dated 1/31/92: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert M. K ng, P Community Developme Director THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy ?,(0 Staff Planner, Current Development DATE: January 31, 1992 SUBJECT: The Visitation House Center of Spirituality's Request for Special Exception Change of Use and Conceptual Plan Approval [Application/Request #91100026*001] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 11, 1992. BACKGROUND: John Dean, Architect and Associates has submitted an application for special exception change of use and conceptual plan approval on behalf of the Visitation House Center of Spirituality to convert an existing single family residence to a place of worship. The ±5 acre project site is located on the south side of 45th Street approximately } mile west of 58th Avenue and is immediately west of the Whippoorwill Estates Subdivision (see attachment #2). The site is located in the RS -3 zoning district (residential single family up to 3 units per acre). The RS -3 district regulations require special exception approval for places of worship. In addition to the conceptual plan, the applicant has submitted an administrative approval application for Phase I of the project (see attachment #4) . Since the Phase I plan is minor in nature, it may be approved by staff subject to special exception use and conceptual plan approval. Site plans for Phase II development will require subsequent Planning and Zoning Commission consideration and approval. Pursuant to Section 971.05 of the LDRs, the Board of County Commissioners is to consider the appropriateness of the requested use based on the submitted site plan and the suitability of the site for that use. The Board may approve, approve with conditions or deny the special exception use. The County may attach any conditions and safeguards necessary to mitigate impacts and to ensure compatibility of the use with the surrounding area. At its January 9, 1992 meeting, the Planning and Zoning Commission voted unanimously to recommend that the Board of County Commissioners grant special exception approval for the use with a condition regarding project lighting. As approved, the Planning and Zoning Commission's recommendation calls for a height restriction on project lighting sources, to limit any lighting or glare impacts on surrounding properties. The staff concurs with this condition and has included it in the recommendation at the end of this report. Thus, the Planning and Zoning Commission and staff 25 FEB 11_992 BOOKit N'7 BOOK b F'' E b35 recommend conditional approval of this special exception change of use request as specified in the recommendation at the end of this report. If the Board of County Commissioners grants special exception approval, then the administrative approval site plan for Phase I can be approved by staff. ANALYSIS: 1. Proposed Use: The proposed place of worship will offer several different types of special event and regularly scheduled religious programs in addition to weekly worship services. The conceptual plan (see attachment #3) depicts a variety of structures including a worship center, advance center (for religious instruction), prayer hermitages, a staff house, a missionary house, and a parsonage. The principal use of the site will be as a place of worship with accessory facilities for instruction and special purpose small group meetings. County planning staff, in coordination with th County Attorney's Office, has concluded that the proposed uses constitute a "place of worship" as defined in chapter 901 of the LDRs (see attachment #5) 2. Size of Development Area: Phase I: 1.81 acres or 78,542 sq. ft. Phase II: 3.17 acres or 138,387 sq. ft. Total: 4.98 acres or 216,929 sq. ft. 3. Zoning Classification: 4. Land Use Designation: RS -3, Residential Single Family District (up to 3 units per acre) L-1, Low Density 1 (up to 3 units per acre) 5. Building Area: Phase I: 4,650 sq. ft. Phase II: Total: 13,100 sq. ft. 17,750 sq. ft. 6. Total Impervious Area: (Phase I) Existing: 8,895 sq. ft. Proposed: 1,496 sq. ft. Total by Phase: 10,391 sq. ft. Total Project at end of Phase II: (existing residential structures on site) (proposed structures) (Phase II) 0 sq. ft. 18,961 sq. ft. 18,961 sq. ft. 29,352 sq. ft. 7. Open Space Required: 40% Provided: Phase I 84% Overall (Phase I and Phase 2): 74% 8. Phasing: Phase I consists of converting the existing residence and detached garage to a worship center (chapel, meeting rooms, library, office) and a parsonage. Phase II, which may be subsequently broken-down into sub -phases, consists of a new worship and activity center building, a staff house, a house for an in -residence missionary, several prayer hermitage buildings (for isolated meditation), an advance center, and a maintenance building. Driveway and parking areas, landscaping, and drainage improvements are proposed to be provided with each phase. The total project build -out is estimated to take ten years. 26 9. Traffic Circulation: The project's 45th Street access will be improved with Phase I construction which will include a new culvert and a 22' wide paved driveway apron. The proposed driveway and circulation system has been approved by the County Traffic Engineer. 10. Off -Street Parking *Phase I Required: 12 spaces (Phase I) Provided: 15 spaces (Phase I) *Total (Phases I & II) Required: 50 spaces Provided: 54 spaces The applicant is proposing to use stabilized, grassed parking accessed by a marl driveway in Phase I. This type of design is approvable since a place of. worship is considered an infrequent use, and the LDRs allow for unpaved, stabilized parking surfaces for infrequent uses. With approval of the conceptual plan, the use of grassed parking for Phase I will be considered approved. The applicant has proposed to pave the most heavily used portion of the driveway and parking spaces in conjunction with Phase II. These areas will be used daily by staff. The internal access driveway will also be extended to service the southern portion of the project in Phase II, and additional grassed parking will be provided along with Phase II construction. 11. Stormwater Management: The Stormwater Management Plan has been approved by the Public Works Department. 12. Landscape Plan and Buffering: The landscape plan is in conformance with Chapter 926 and includes a required type "C" buffer along the east and west property lines for Phase I, and along the south property line for Phase II. The applicant is proposing to use existing vegetation to fulfill the buffer requirements. The type "C" buffer standards will need to be satisfied prior to issuance of a Certificate of Occupancy (C.O.) for the project. As previously described, the Planning and Zoning Commission, based upon concerns expressed by an adjacent property owner, recommends that the height of lighting sources within the project be limited to 6' or less as measured from ground level. Furthermore, the lighting should be shielded from surrounding properties. This restriction has been incorporated into a recommended condition of approval appearing at the end of this report. 13. Utilities: Phase I- will be serviced by a private well and septic system. Prior to any Phase II construction, the project must be connected to Indian River County water and wastewater utilities services. These utility provisions have been approved by the Environmental Health Department and the County's Division of Utility Services. 14. Dedications and Improvements: None are applicable. 15. Concurrency: The conditional concurren application submitted for the project has been issued. ificate 27 FEB ti i992 6 >JC Pr - FE" 11 Poor twt 16. Surrounding Land Use and Zoning: North: Vacant/RS-3 South: Proposed Single Family Subdivision/RS-3 East: Whippoorwill Estates/RS-3 West: Vacant/RS-3 17. Specific Land Use Criteria: a. No building or structure shall be located closer than thirty (30) feet to any property line abutting a residential use or residentially designated property; b. Access shall be from a major thoroughfare unless otherwise approved by the public works department; c. Any accessory residential use, day care facility or school upon the premises shall provide such additional lot area as required for such use by this section and shall further be subject to all conditions set forth by the reviewing procedures and standards for that particular use. Accessory residential uses may include covenants, monasteries, rectories or parsonages as required by these regulations; d. Type "C" screening shall be provided along all property boundaries where the facility is located adjacent to a single-family residentially designated property. Type "D" screening shall be provided along all property boundaries when the facility is located adjacent to a multiple -family residentially designated property. The application satisfies all of the above criteria. All proposed accessory uses satisfy all applicable accessory use regulations. RECOMMENDATION: Based on the analysis performed, staff recommends that the Board of County Commissioners approve the special exception change of use request and grant conceptual plan approval with the following conditions: 1. Prior to the issuance of a Certificate of Occupancy (C.O.) for Phase I, the type "C" buffer on the east and west sides of the project site must be provided. 2. Prior to issuance of a Certificate of Occupancy (C.O.) for any development within Phase II, the entire project (Phases I and II) must be connected to county water and wastewater services. 3. Prior to the issuance of a Certificate of Occupancy (C.O.) for Phase II, the type "C" buffer on the south side of the project site must be provided. 4. Lighting sources within the project shall not exceed 6' in height, as measured from ground level, and shall be directed and shielded so as to minimize any lighting or glare impacts on surrounding properties. 28 Planning Director Stan Boling presented staff's recommendation for approval of the special exception change of use request and granting of conceptual plan approval with the 4 conditions set out in the above staff recommendation. He wished to note for the record that two letters of objection to the special exception have been received by staff. Addressed to Senior Planner John McCoy, the letters were from owners of nearby property, Frank Varon, 7711 Hawthorne Avenue, Miami Beach, Florida, and Pauline Gorman, 365 West Pine Street, Long Beach, New York. Commissioner Scurlock understood that staff feels comfortable with the access to this property, and Director Boling advised that total ingress and egress would be off of 45th Street using the existing driveway which will be widened and improved in Phase I construction. Chairman Eggert opened the Public Hearing and asked if anyone wished to be heard in this matter. John Dean, local architect and president of the organization, introduced Harriette Gallo, owner of the property which is under contract to Visitation House based on the proper approvals, and Sister Betty Hannagan, director of the Visitation House Center. He emphasized that this will always stay residential in nature; it will always look like the house it is and it will be improved, painted, and put back into good shape. Mr. Dean wished to give a brief outline of the Center's mission and activities since there was some concern expressed by a few residents at the Planning & Zoning meeting about what kind of activities will be going on in the Center. The Center's mission is to provide a place for individuals and groups to come away for spiritual and personal renewal in an atmosphere of hospitality, peace, and acceptance. The Center is attempting to respond to the needs of God's people through programs in spirituality, personal development, reflection, dialogue, centering prayer, and spiritual direction. Ongoing programs will be held for Bible Study, Centering Prayer, Healing Life's Losses, Spiritual Direction, 12 - Step Programs, Retreats, and Celebrations. Returning to the site plan, Mr. Dean stressed that there will be no changes in Phase I except for landscaping, drainage improvements and widening and improving the existing driveway. The main concern they heard from the neighborhood was landscaping; actually, the site plan exceeds the 30 -ft. buffers required and these will be heavily landscaped. Drainage is a problem, but this plan will help the existing drainage problem rather than add to it. It will not solve it, but it will help it. Mr. Dean wished to 29 FEB 11 1992 BOOK s FEB. 19YZ BOOK 8b F`GE O, point out that this landcould support 15 houses if it was developed that way. With regard to the neighborhood's concern about exterior lighting, they have agreed to the concept of lowering the lighting. However, lowering the lighting to under 6 feet really is not practical because residential lighting is usually 6 to 7 feet high. It is a small detail, but it is just realistic for residential lighting to be at normal residential heights. They would like to see the language in condition #4 under staff's recommendation modified to read: "Free standing site lighting sources within the project shall not exceed 6 feet in height, as measured from ground level, and shall be directed and shielded. Lighting heights on buildings may be typical of single story homes, which may include single -story soffit security lighting. All exterior lighting is to be directed and shielded so as to minimize any lighting or glare impacts on surrounding properties". Director Boling stated that staff has no objection to the proposed modification because the main intent is to not have the impact in this development be any different than if it were developed for single family homes. There being no others who wished to be heard, the Chairman closed the Public Hearing. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously approved the special exception change of use and granted conceptual plan approval subject to the 4 conditions as set out in the above staff recommendation, with modification to condition #4 regarding the lighting as suggested by Mr. Dean. RESOLUTION APPROVING SUBMITTAL OF GRANT APPLICATION TO FLORIDA DNR FOR FUNDING OF BEACH EROSION CONTROL ASSISTANCE PROGRAM The Board reviewed the following memo dated 2/3/92: 30 TO: James E. Chandler, ,County Administrator THROUGH: James W. Davis, P.E., Public Works Director FROM: Terry B. Thompson, P.E Capital Projects Manager SUBJECT: Resolution Approving the Submittal of a Grant Application Under the State of Florida FY 1993/94 Beach Erosion Control Assistance Program DATE: February 3, 1992 DESCRIPTION AND CONDITIONS The County submitted a grant application to the Florida Department of Natural Resources (DNR) in FY 1991/92 for funding under the Beach Erosion Control Assistance Program. The Application provided for the following improvements: ' 1. Dune maintenance at Wabasso Beach Park. 2. Dune maintenance and walkover at Golden Sands Park. 3. Five (5) dune walkovers at Treasure Shores Park. The Florida Governor and Cabinet approved funding for this project in the FY 1991/92 Department of Natural Resources' (DNR) Fixed Capital Outlay Budget, but funding was denied by the Florida Legislature. The County resubmitted the same application for funding in the FY 1992/93 budget. On September 12, 1991 the Florida Governor and Cabinet approved funding in the FY 1992/93 DNR Fixed Capital Outlay Budget. The DNR has submitted this Capital Outlay Budget to the Florida Legislature for approval. In view of the financial problems that are still being experienced by the State, it is questionable whether or not funds will be made available for this project in the FY 1992/93 Florida Beach Erosion Control Program. The Division of Beaches and Shores, will be accepting project applications for the FY 1993/94 DNR Fixed Capital Outlay Budget through May 1, 1992. Staff recommends that the County resubmit the attached upded application for consideration in the DNR's FY 1993/94 budget. This action will ensure legislative funding consideration for FY 1993/94 if funding is not made available in FY 1992/93. The estimated cost to the State for these improvements is $244,575 (75%) and to the County is $81,525 (25%), for total estimated cost of $326,100. RECOMMENDATIONS AND FUNDING Staff recommends that the Board adopt the attached resolution, authorizing the submittal of an application under the State Florida Beach Erosion Control Assistance Program for the purpose of requesting State financial assistance. 31 FEB 1119 L. BOOK;c,) FEB it 199 BOOK P,a. X41 �E ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 92-32, approving the submittal of an application under the State of Florida Beach Erosion Control Assistance Program. 32 RESOLUTION NO. 92-32 .A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA APPROVING THE SUBMITTAL OF AN APPLICATION UNDER THE STATE OF FLORIDA BEACH EROSION CONTROL ASSISTANCE PROGRAM WgE.REAS, Indian River County has had damage to structures and/or coastal lands by storms and erosion in areas of public lands, and WHEREAS, the State of Florida has established a Beach Erosion Control Assistance Program providing for financial assistance for erosion control and preservation of the sandy beaches within the State. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, as follows: 1. The County, as local sponsor, hereby approves the submittal of an application under the Beach Erosion Control Assistance Program for the purpose of requesting State financial assistance with implementation of erosion control improvements within Indian River County at Wabasso Beach Park, Golden Sands Park, and Treasure Shores Park. 2. The County hereby designates Michael Walther, P.E. of Coastal Technology Corporation, as the Project Engineer and Agent for the purpose of preparing and processing this application on behalf of the County. 3. .The County agrees to implement the beach improvement program under the procedures set forth in the Florida Administrative Code. The foregoing resolution was offered by Commissioner Scurlock and seconded by Commissioner Wheeler ,and, being put to a vote, was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Gary Wheeler Aye Commissioner Don C. Scurlock, Jr. Aye The Chairman thereupon declared the resolution duly passed 11 day of February , 1992. and adopted this ATTEST: INDIAN RIVER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMIISSIONERS a..„10 Carolyn /f(. Egger Jeffrew'.,.KCa�rton Clerk of Court msolu.�' ad- ut.tbt s�.e 33 FEB 1 1 1992 L BOOK FES 1 1 1992 BOOK 85 FA,E 543 RESOLUTION AUTHORIZING FDOT JOINT PARTICIPATION AGREEMENT FOR INTERSECTION IMPROVEMENTS AT CR -510 AND SR -AIA The Board reviewed the following memo dated 1/31/92: TO: THROUGH: FROM: SUBJECT: DATE: James E. Chandler, County Administrator James W. Davis, P.E., Public Works Director Terry B. Thompson, P.E.P. llir Capital Projects Manager FDOT Joint Participation Agreement for Intersection Improvements at CR510 and SRA1A January 31, 1992 FILE: jpa.jan DESCRIPTION AND CONDITIONS Staff requested that the Florida DOT fund 50% of the estimated $500,000 construction cost for proposed intersection improvement at CR510 and SRA1A. The attached agreement provides for the FDOT to reimburse the County for direct construction costs and construction engineering inspection services in an amount not to exceed $250,000. The County is responsible for all costs over and above the FDOT's contribution. Plans and specifications for the proposed improvements are 90% complete. Out of the eight right-of-way parcels needed, two have been acquired, three have been approved and closing documents are being drafted, and three are still being negotiated. RECOMMENDATIONS AND FUNDING Staff recommends that the Chairman be authorized to execute the attached Joint Participation Agreement. Funding is from Account 101-151-541-033.13 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 92-33, authorizing a joint participation in the construction of intersection improvements at CR -510 and SR -AIA. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 34 2/18/92 ( tfsawt) 1t RESOLUTION 92-33 • A RESOLUTION OF INDIAN RIVER COUNTY AUTHOR- IZING A JOINT PARTICIPATION IN THE CON- STRUCTION OF INTERSECTION IMPROVEMENTS AT CR 510 AND SR A -1-A. ' WHEREAS, it is a policy of the State of Florida to construct and make improvements to the state transportation system in a cooperative partnership; and WHEREAS, such partnership shall be promoted and encouraged through the joint funding of projects that improve traffic flow and reduce congestion of the State Highway System; and WHEREAS, the Board of County Commissioners of Indian River County, Florida wishes to authorize the Chairman of the Commission, to enter into a Joint Participation Agreement with the State of Florida Department of Transportation on behalf of the Commission, NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Indian River County, Florida that: Section 1. The Board of County Commissioners of Indian River County, Florida hereby authorizes the Chairman of the Commission to enter into a Joint Participation Agreement with the State of Florida Department of Transportation for the construction of intersection improvements at CR 510 and SR A -1-A. Section 2. The Clerk to the Board of County Commissioners of Indian River County is hereby directed to send copies of this RESOLUTION to the Department of Transportation and all others persons as directed by the Board of County Commissioners of Indian River County, Florida. The foregoing resolution was offered by Commissioner Scurlock and the seconded by Commissioner Bird, and, being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 11 day of February , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ATTEST: 35 FEB 11 1992 BOOK F E B !992 BOOK 65 F,g E 4 GIFFORD WATER TOWER REFURBISHMENT - CHANGE ORDER NO. 2 AND FINAL PAY REOUEST. HI -LINE CONTRACTORS The Board reviewed the following memo dated 1/28/92: DATE: JANUARY 28, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRA FROM: TERRANCE G. PI DIRECTOR OF UTI Y SE VICES PREPARED NOEL J. McMAHON AND STAFFED ENVIRONMENTAL S1;ECIAL BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: GIFFORD WATER TOWER REFURBISHMENT CHANGE ORDER NO. 2 AND FINAL PAY REQUEST INDIAN RIVER COUNTY PROJECT NO. UW -91 -09 -UW BACKGROUND The Indian River County Board of County Commissioners approved on November 26, 1991, Change Order No. 1 for the Gifford Water Tower Refurbishment (see attached agenda item). This change order covered the repairs to the tower in the amount of $21,900.00. In addition, this change order included $2,500.00 for the needed repair of the interior first coat caused by the welding on the catwalk. ANALYSIS Attached is Change Order No. 2 with a net decrease of $870.00. The contractor required less time to repair the interior first coat than was estimated, resulting in the reduction in cost. Also attached is the Final Pay Request in the amount of $10,707.50. (See attached Change Order No. 2 and Final Pay Request.) RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Change Order and Final Pay Request and authorize the Chairman of the Board of County Commissioners to execute both items. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved Change Order No. 2 and Final Pay Request by Hi -Line Contractors, as recommended by staff. CHANGE ORDER NO. 2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 36 8TH STREET WATER MAIN EXTENSION - FINAL PAY REQUEST The Board reviewed the following memo dated 2/3/92: DATE: TO: FROM: FEBRUARY 3, 1992 JAMES E. CHANDLER COUNTY ADMINISTRATOR TERRANCE G PINTO DIRECTO UTISERVICES PREPARED H. D. "DOSTER, P.E. AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: EIGHTH STREET WATER MAIN EXTENSION IRC PROJECT NO. UW -88 -14 -DS FINAL PAY REQUEST BACKGROUND The subject project has been completed. Installation of the water lines has been accepted by the Department of Utility Services and proper certification is being provided to the Department of Environmental Regulation. ANALYSIS The Board of County Commissioners approved funding of $159,490.00 for this project on January 8, 1991. Change Order No. 1, in the amount of $3,119.28, was approved by the Board of County Commissioners on November 5, 1991. The contractor's total cost is $95,590.27 ($92,470.99 original contract plus $3,119.28). He has previously been paid $83,547.93. RECOMMENDATION The staff of the Department of Utility Services recommends approval of the final pay request of $12,042.34 as payment in full for services. rendered. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously approved Final Pay Request by Driveways, Inc. in the amount of $12,042.34, as recommended by staff. FINAL PAY REQUEST IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 37 rEB`i'992 BUR 546 Pr - FEB it 1992 POOK 65 F4GE 547 SLUDGE/SEPTAGE FACILITY - CONTINUED ENGINEERING SERVICES BY CAMP DRESSER AND McKEE. INC. The Board reviewed the following memo dated 1/9/92: DATE: TO: FROM: JANUARY 9, 1992 JAMES E. CHANDLER COUNTY ADMINISTRATOR TERRANCE G. PINT DIRE F UT PREPARED AND H. D.f•?"' R, P. STAFFED BY: ENVIRONMENTAL ENGINEER DEPARTMENT OF UTILITY SERVICES SUBJECT: SLUDGE/SEPTAGE FACILITY - ENGINEERING SERVICES INDIAN RIVER COUNTY PROJECT NO. US -88 -07 -SL VICES BACKGROUND The first portion of Engineering Services which extended through advertisement and award has been completed on the subject project by Camp Dresser and McKee Inc. The attached work authorization is for continuing engineering services by Camp Dresser and McKee Inc., and includes general services, resident inspection, and plant start-up. ANALYSIS Attachment A is the engineering and inspection services work authorization. Attachment B is scope of engineering and inspection services, and Attachment C is the project budget, which is briefly as follows: 1) General Services during construction (pre -construction, shop drawings, pay estimates, project administration) 2) Resident Inspection Services 3) Start -Up Services $189,477.00 149,500.00 46,095.00 Compensation for Services Totals $385,072.00 All three items are part of the original Sludge/Septage Project budget and qualify for grant money of $147,500, which is based on 55% of the grant -eligible amount (approximately 70% of cost). Indian River County's share is $237,572.00. The above items were estimated at a total cost of $448,000.00 in the original project cost estimate. RECOMMENDATION The staff of the Department of Utility Services recommends approval of continuing engineering services by Camp Dresser and McKee, Inc., in the amounts as shown above and approval for the chairman to execute the attached work authorization. 38 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved Attachment A - Engineering and Inspection Services Work Authorization - for consulting services by Camp Dresser & McKee, Inc. (County No. US -88 -07 -SL). WORK AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Commissioner Scurlock commented that it was quite distressing to see the County take a very strong environmental stand in terms of spending almost $7.6 million to treat our septage/sludge in a proper and environmentally sound way, and then watch within eyesight of our proposed site as truckload after truckload was placed on property across from residential areas and right across from the Gifford Community Center. He would hope and encourage all those including DER and those individuals involved in industries and cities to take advantage of an up-to-date, modern, environmentally sound facility and get away from this land application that is going on in our county that is evidently still permitted. Commissioner Bowman asked if we could pass a County ordinance making that a requirement, and Commissioner Scurlock advised that we are looking at that, but until the new facility is built, we have no alternative. According to Michael Galanis of Environmental Health, there are a number of approved sites in the county that are grandfathered in for this activity. Commissioner Bowman was shocked that land application was still going on because she thought it was illegal. She strongly suggested that the Board pass an ordinance effective the date of completion of the sludge facility. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously directed the County Attorney's Office to research the matter in terms of at least bringing forth some effort by this Commission to encourage the use of our new facility or an approved one if that is the case. Attorney Vitunac advised that there was some research done by the Utilities Department about having an ordinance saying that no one can spread sludge on land in the unincorporated area, which would mean that if the City of Vero Beach wanted to continue that method of disposal, it would have to buy land within the City to do 39 FIB 111912 LOOK J/U F E '' 1992 BOOK 8b F4E that. We are not sure we can do that yet, but we will look into it further. DEED TO OLD LIBRARY AND DISCUSSION OF PROPOSED ORDINANCE PLACING RESTRICTIONS ON THE PROCEEDS FROM THE FUTURE SALE OF THE OLD LIBRARY SITE The Board reviewed the following memo dated 1/30/92: TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney DATE: January 30, 1992 RE: DEED TO OLD LIBRARY The City of Vero Beach by quit -claim deed of April 19, 1988 deeded its interest in the old library site across from City Hall to the County. The deed contained certain restrictions in the form of a condition subsequent. The first restriction requires the new library to be completed by April 5, 1995. The remaining restriction requires that any money received from the sale of the quit -claimed property "be used for books and internal requirements." If the County fails "to fulfill the requirements of this condition subsequent" the County "shall immediately reconvey said property." If the new library were not completed by April 5, 1995 a reconveyance could be effected. If the old library was sold and the proceeds used for a purpose other "than books and internal requirements," a re- conveyance would not be possible by the County as it would have no interest in the property to convey. In view of the foregoing and in order to remove any cloud on the title, I brought this matter to the attention of the City Attorney. The City of Vero Beach has executed a quit -claim deed which removes the restrictions. It is recommended that the Board of County Commissioners accept the new quit -claim deed and have said deed recorded. Attorney Vitunac recounted that Director of General Services Sonny Dean was charged with disposing of certain county buildings awhile ago and one of his options was selling the old library. It was brought to the attention of Assistant County Attorney Terry O'Brien that it would be virtually impossible to sell that building with the restriction on it that would insure that the money from the building would go to books and not concrete, and since the building could never be sold because of the restrictions, the purpose of the restriction would never be effectuated. Mr. O'Brien 40 went to the City and they agreed to give us clear title to our old library which we thought would be a good idea because that would allow the County if they so desired to sell the building, get the money and use it for whatever they wanted to. The City hoped the money would be used for books and Chairman Eggert strongly wants it used for books and other internal requirements, but to accomplish that the County Commission would have to put a restriction on itself. Since the building may not be sold for years and years and this Commission may not be here, we thought that we could adopt an ordinance so that it would be a formal record for future staffs and Commissions that if they ever do sell that building, this Commission here hopes the money would go for books. A future Commission could repeal that ordinance at anytime, of course, but at least it would cause them to take formal action to change the feeling of this Commission in 1992. Chairman Eggert stressed that the spirit in which the old library was given was that the money be used for books. If the building is sold in 5 or 10 years down the line, the money could be used for books, furnishings and other internal requirements for branch libraries which we will be building in the future. That would open it up some, because the proceeds from the old library were to go straight to the new main library. Commissioner Wheeler didn't have a problem with that, but if the ordinance is written in such a way that the funds will be library related, the County Commission sitting at that time simply could reduce the amount of funds being spent out of the general fund that budget year. He didn't know that it was necessary to encumber the deed with the language that the funds derived from the sale of the old library could be used only for libraries because the Commission sitting at that time could side step it. Chairman Eggert didn't feel it could be side stepped that easily with that language included. Commissioner Scurlock felt the proper approach would be to modify the deed restriction that the City of Vero Beach has, because that would require a future Commission to take two actions if they tried to use the funds for any other purpose. They would have to repeal an ordinance and change a deed restriction. Commissioner Bird preferred not to have us leave ourselves at the mercy of a future City Council. He would feel more comfortable if we could get control of it totally within the County. Attorney Vitunac advised that method would never work because we would never be able to sell the property. We have clear title to the building and the Board can refuse it or accept it and pass an ordinance setting restrictions. 41 FEB it 1992 BOOK ;%. f,WE 550 FEB 11 BOOK zb IAA- 5 Chairman Eggert didn't mind us going to clear title of the building if we have the ordinance, but felt there is a good faith thing here that would require any future Commission to say to the community at large that they didn't care if the intent was that the money be spent for books and that they are going to vote against it. Commissioner Bird suggested then that we set up the two-step process that has been suggested and adopt an ordinance as well. Chairman Eggert advised that the procedure in that case would be to approve the quit -claim as it appears today and then schedule a public hearing to consider the adoption of the ordinance. ON MOTION by Commissioner Bird, the Board unanimously approved the quit claim prepared by the County Attorney's office and authorized staff to advertise a public hearing in one month to consider the adoption of the ordinance placing restrictions on the proceeds from the sale of the old library site to be used only for library books, furnishings and equipment. ORIGINAL QUIT -CLAIM DEED IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD SOLID WASTE DISPOSAL DISTRICT MEETING The Chairman announced that immediately following; adjournment, the Board would reconvene sitting as the Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:58 o'clock A.M. ATTEST: Jeffrey K. Barton, Clerk 42 Carolyn/. Eggert, / )irman