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BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, JANUARY 12, 1993
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Richard N. Bird, Chairman (Dist. 5)
John W. Tippin, Vice Chairman (Dist. 4)
Fran B. Adams ( Dist. 1)
Carolyn K. Eggert ( Dist. 2 )
Kenneth R. Macht ( Dist. 3)
9:0_ 1. CALL TO ORDER
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
2. INVOCATION - None '
3. PLEDGE OF ALLEGIANCE - Comm. Carolyn K. Eggert
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Item 7.R. - Request from Sheriff Ga
of the
Board serve as liaison withhccommunity eeler to hleadersave aeineGGifford.
Item 10 - Status report on the beach er
Item 11.H.5. - Steve Henderson re grant application.
Item 12 - Mobile home park letter concerningreleasecountyuntutilities.
Item 13.B. - Appointment of Jac
que S. PROCLAMATION AND PRESENTATIONS
Steer to Tourist Dev. council
None
6. APPROVAL OF MINUTES
A.
Regular Meeting of 12/1/92
B.
Regular Meeting of 12/8/92
i
C.
Special Meeting of 12/16/92
7. CONSENT AGENDA
A.
Indian River Farms Water Control District
Audit Report - Year Ended Sept. 30, 1992
B.
..-A Resolution of the Board Directing County
Depositories to Honor Certain Authorized
Signatures on County Warrants 8 Other
Orders for Payment
C.
Cancelling Taxes on County Property Acquisition
(memorandum dated January 5, 1993)
D.
1993 Firefighters / IRC Fair Agreement
(memorandum dated January 5, 1993)
E.
Prompt Payment Interest Expenses
( memorandum dated December 31, 1992 )
JABOOK
1 1993
�° �"
FarE 7:l
PFF"-j A N 12 199� Boos 88 P,,GE 472 -1
- 7. CONSENT AGENDA Unnt'd.) :
F. Award Bid #3039/Aluminum Blanks and Hardware
( memorandum dated December 30, 1992 )
G. 1993 State Aid Contracts / IRC Main Library
( memorandum dated January 5, 1993 )
H. A Resolution of IRC, Florida, Pursuant to
Section 197.402, Fla. Statutes, Choosing a
Newspaper in Which Legal and Official
Advertisements will be Published From Feb.,
1993, through Jan. 31, 1994
I. Policy on Excess/Surplus Property
(memorandum dated January 6, 1993)
J. Surety Bond for Paul Albert Graham _
S. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
Petition Concerning the New Facility Proposed
By MACHO Products, Inc.
( letter dated December 22, 1992 )
(additional backup provided separately)
B. PUBLIC HEARINGS
1. AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, MAKING AN EDITORIAL REMOVAL
OF CHAPTER 4 1/2 CABLE TELEVISION
(1974 CODE) AND NOTING THAT IN
CHAPTER 211 CABLE TELEVISION
(1990 CODE)
2. Indian River County Department of Utility
Services Request for Special Exception
Use Approval to Construct a North County
Regional Reverse Osmosis Water Treatment
Plant
( memorandum dated December 16, 1992 )
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
1. Michael O'Haire's Appeal of the Planning
and Zoning Commission's Decision to Grant
Preliminary Plat Approval for Sunset
Pointe Subdivision
( memorandum dated January 5, 1993 )
2. Request to Suspend a Portion of the LDRs:
Marginal Access Easement Requirement
(memorandum dated January 4, 1993)
R
- 11. DEPARTMENTAL MATTERS (cont'd):
B. EMERGENCY SERVICES
1. Approval of Renewal of EMS Certificate of
Public Convenience and Necessity for Fells -
mere Volunteer Ambulance Service, Inc.
(memorandum dated January 5, 1993)
2. Approval of Renewal of EMS Certificate of
Public Convenience and Necessity for Indian
River Memorial Hospital Medical Transport
Service
( memorandum dated January 5, 1993 )
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
Respiratory Equipment; Spirometer
(memorandum dated January 6, 1993)
G. PUBLIC WORKS
1. Adopt -A -Roadway Program
( memorandum dated January 4, 1993 )
2. Award of Bids #3032 - Hobart Park South
Ballfield Lighting 8 #3045 - Fairgrounds
Restroom Building (Budget Amend. 008)
( memorandum dated December 28, 1992 )
H. UTILITIES
1. Flora Lane (62nd Place) Water Service -
Resolutions 1 and 2
( memorandum dated December -31, 1992 )
2. Water Service in Wood Hollow/32nd Court
E 32nd Ave., SW - Resolutions 1 and 2
( memorandum dated December 31, 1992 )
3. Water Main Extension Growth Plan - Phase
I - Final Assessment Roll E Res. 4
( memorandum dated December 30, 1992 )
4. Courtside S/D Water Main Extension -
Change Order 1 and Final Pay Request
( memorandum dated December 30, 1992 )
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN RICHARD N. BIRD
L_ JAN j2 19,3 BOOK 88 Pm6F 7"
JAN I � 100111
BOOK 88 PAGE U 4 -7
-- 13. COMMISSIONERS ITEMS (cont'd. ):
B. VICE CHAIRMAN JOHN W. TIPPIN
C. COMMISSIONER FRAN B. ADAMS
D. COMMISSIONER CAROLYN K. EGGERT
A Resolution of IRC, Florida, Calling For A
Special Election to Determine Whether the
Board of County Commissioners Shall Have The
Power Authorized by Section 3, Article VII
of The Florida Constitution to Grant Ad
Valorem Tax Exemptions to New Businesses and
Expansions of Existing Businesses
E. COMMISSIONER KENNETH R. MRCHT
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
1. Approval of Minutes - Meeting 12/8/92
2. Award of Bid #3048 - Computer Equipment
( memorandum dated January 5, 1993 )
B. SOLID WASTE DISPOSAL DISTRICT
1. Approval of Minutes - Meeting of 12/1/92
2. Approval of Minutes - Meeting of 12/8/92
3. Vehicle Washdown Facility
( memorandum dated January 4, 1993 )
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.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY
CONTACT THE - COUNTY'S 'AMERICANS WITH DISABILITIES ACT (ADA)
COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF
MEETING.
Tuesday, January 12, 1993
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, January 12,
1993, at 9:00 A. M. Present were Richard N. Bird, Chairman; John
W. Tippin, Vice Chairman; Fran B. Adams; Carolyn K. Eggert; and
Kenneth R. Macht. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and Diane
Albin, Deputy Clerk.
The Chairman called the meeting to order.
Commissioner Eggert led the Pledge of Allegiance to the
Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Bird requested the addition of the following:
Item 7.K. - Request from Sheriff Gary Wheeler to have a
member of the Board serve as liaison with
community leaders in Gifford.
Item 10 - Status report on the beach grant application
Item 11.H.5 - Steve Henderson request for release of County
lien
Item 12 - Discussion regarding mobile home park letter
concerning County utilities
Later in the meeting, Commissioner Tippin requested the
addition as Item 13.B. the appointment of Jacque Steer to the
Tourist Development Council,
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously added the
above items to the Agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any corrections to the
Minutes of the Regular Meeting of December 1, 1992. There were
none.
L_JAN 121993 BOOK 88 u, ,TE4 75
JAN 12 1993 BOOK 88 FAGE ,��
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the minutes of the Regular Meeting of December 1,
1992 as written.
The Chairman asked if there were any corrections to the
Minutes of the Regular Meeting of December 8, 1992- There were
none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the minutes of the Regular Meeting of December 8,
1992 as written.
The Chairman asked if there were any corrections to the
Minutes of the Special Meeting of December 16, 1992. There were
none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the minutes of the Special Meeting of December 16,
1992 as written.
CONSENT AGENDA
Commissioner Adams requested that Item 7.E. be removed for
discussion.
A. Reports
Received and placed on file in the office of the Clerk to the
Board:
Indian River Farms Water Control District Audit Report -
Year Ended September 30, 1992.
B. A Resolution of the Board Directing County Depositories to
Honor Certain Authorized Signatures on County Warrants and Other
Orders for Payment
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution 93-6, directing County depositories to
honor certain authorized signatures on county
warrants and other orders for payment.
�A
r
RESOLUTION NO. 93- 6
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, DIRECTING COUNTY DEPOSITORIES
TO HONOR CERTAIN AUTHORIZED SIGNATURES
ON COUNTY WARRANTS AND OTHER ORDERS
FOR PAYMENT.
WHEREAS; the Board of County Commissioners of Indian River
County on January 5, .1993, held an election for the offices of
Chairman and Vice Chairman of the Board of County Commissioners;
and
WHEREAS, the County Commission did nominate and select as
Chairman Richard N. Bird, and as Vice Chairman John W. Tippin;
and
WHEREAS, Jeffrey K. Barton was elected Clerk of the Circuit
Court of Indian River County effective December 31, 1988, also
serves as a Clerk to the Board of County Commissioners, pursuant to
Section 125:167, Florida Statutes; and
WHEREAS, it is now necessary to reinstruct the County's
depositories. as to the signatures necessary to honor County warrants,
checks, or other orders for the payment of money drawn in the
Commission's name,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY. COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
that:
1. The County Commission has in the past designated certain
institutions as official depositories of County. funds, and such
designations are hereby ratified and affirmed.
2. Each designated depository of the Commission is hereby
requested, authorized, and directed to honor checks, warrants, or
other orders for payment of money drawn in the Commission's name,
Including those payable to the individual orders of any person or
persons whose name or names appear thereon, when bearing the
facsimile signature of the Clerk of the Circuit Court, when said
r
check, warrants, or other orders for the payment of money equals or
does not exceed the sum of three.thousand dollars ($3,000).
3
JAN BOOK 88
r
JAN 12 jqq
BOOK 88 Fac
E 18
3. If a check, warrant, or other orders for the payment of
money drawn in. the Commission's name exceeds the sum of three
thousand dollars ($3,000), said designated depositories are authorized
and directed to honor checks, warrants, or other orders for payment
of money drawn in the Commission's name, only when such check,
warrant, or other orders for payment of money bears the facsimile
signature of the Chairman and Clerk of the Circuit Court and further
bears the original signature of either the Chairman, Vice Chairman,
Clerk of the *Circuit Court, or Deputy Clerk, listed below. Said
actual and facsimile signatures appear below:
(1) Jeffrey K. Barton
Clerk of Circuit Court
(2) Cynthia Gatt
Deputy Clerk tual ��ff
(3) Mary Louise Scheidt y-,)(czu
Deputy Clerk Actual
(4) Riehard N. Bird
Chairman
(5) John W. Tippin
Vice Chairman
BE IT FURTHER RESOLVED that the above named signatories are
hereby authorized to execute any and all signature cards and
agreements as requested by the respective banking institutions
designated as official depositories by the Board of County
Commissioners of Indian River County; and
BE IT FURTHER RESOLVED that the use of facsimile signatures
Is as authorized by Section 116.34, Florida Statutes, the "Uniform
Facsimile Signature of Public Officials Act."
The resolution was moved to adoption by Commissioner
Eggert and the motion was seconded by Commissioner
Macht , and, upon being put to a vote, the vote was as
follows:
4
Chairman Richard N. Bird
Vice Chairman John W. Tippin
Commissioner Carolyn K. Eggert
Commissioner Fran B. Adams
Commissioner Kenneth R. Macht
Aye
Aye
Aye
Aye
Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 12 day of January, 1993.
BOARD OF COUNTY COMMISSIONERS
Attest: INDIAN RIVER COUNTY, FLORIDA
ay-�e�G��.�"�
Jeffrey K. Barton, Jerk Richard N. Bird
Chairman
C. Cancelling Taxes on County Property Acquisition
The Board reviewed the following memo dated January 5,.1993:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: January 5, 1993
RE: CANCELLING TAXES ON COUNTY PROPERTY ACQUISITION
The County has recently acquired some land for right-of-way, and,
pursuant to section 196.28, Florida Statutes, the Board of County
Commissioners is allowed to cancel and discharge any taxes owed on the
portion of the property acquired for public purposes. Such cancellation
must be done by resolution of the Board with a certified copy being
forwarded to the Tag Collector.
REQUESTED ACTION: Request Board authorize Chairman to sign and
then forward to the Tax Collector a certified copy of the attached
resolutions cancelling the taxes due upon lands the County recently
acquired for right of way.
F
A l �� BOOK 88 FAGE � ( I
rBOOK
JAN f?, 19
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution 93-7, cancelling certain taxes upon
publicly -owned lands, pursuant to Section 196.28,
Florida Statutes.
Re: R / W 27th Avenue & Rebel Road
LUCINDA W. EDDY, Trustee
RESOLUTION NO. 93- 7
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, CANCELLING CERTAIN DELINQUENT
TAXES UPON PUBLICLY -OWNED LANDS, PUR-
SUANT TO SECTION 196.289 FLORIDA STATUTES.
8 PAGE 5® -1
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,
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 property described in
O.R. Book 957, Page 1968, which was recently acquired by Indian River
County for right of way purposes on 27th Avenue and Rebel Road, are
hereby cancelled, pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Eggert.
and the motion was seconded by Commissioner Macht , and, upon being
put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 12 day of January , 1993.
Attest:
Jeffr y -K.. Barton, Clerk
aY:l3 air W.W.is-(I.
BOARD OF COUNTY COMMISSIONE
INDIAN RIVER COUNTY, FLORIDA
By `!'
Richard N. Bird
Chairman
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution 93-8, cancelling certain taxes upon
publicly -owned lands, pursuant to Section 196.28,
Florida Statutes.
Re: R/W 27th Avenue
THE LUTHERAN CHURCH OF THE REDEEMER, INC.
RESOLUTION NO. 93- 8
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, CANCELLING CERTAIN DELINQUENT
TAXES UPON PUBLICLY -OWNED LANDS, PUR-
SUANT TO SECTION 198.28, 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,
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.;
7
ROOKF'ruF
JAN 1 199
FP'J A ? ;n BOOK 88 PAGE 482
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 property
described in
O.R. Book 955, Page 2798, which was recently acquired
by Indian River
County for right of way purposes on 27th Avenue, are
hereby cancelled,
pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption_ by Commissioner Fggpr
and the motion.'was seconded by Commissioner Macht
and, upon being
put to a vote, the vote was as follows.
Chairman Richard N. Bird
Aye
Vice Chairman John W. Tippin
Aye
Commissioner Carolyn K. Eggert
Aye
Commissioner Fran B. Adams
Aye
Commissioner Kenneth R. Macht
Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 12 day of January , 1993.
Attest:
Jeffre B rton Clerk
BY:�
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Richard N. Bird
Chairman
D. 1993 Firefighters - IRC Fair Agreement
The Board reviewed the following memo dated January 5, 1993:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Lea R. Keller, CLA, Legal Asst., County Attorney's Office
DATE: January 5, 1993
RE: 1993 FIREFIGHTERS/INDIAN RIVER COUNTY FAIR
The Firefighters have executed the attached contract with the County
for holding the 1993 Firefighters/Indian River County Fair. Our
application package is now complete and needs to be submitted to the
state. It is necessary for the Board to execute the attached contract,
permit, and affidavit.
RECOMMENDED ACTION: Board authorize the Chairman to execute the
attached documents and approve the County Attorney's Office
submitting the 1993 fair application package to the state along with the
$80.00 permit fee.
r
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
the 1993 Firefighters Indian River County Fair
application package and authorized the Chairman to
execute and forward the package to the state along
with the $80.00 permit fee, as recommended by staff.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
E. Prompt Payment Interest Expenses
The Board reviewed the following report:
TO: Board of County Commissioners
DATE: December 31, 1992
SUBJECT: PROMPT PAYMENT INTEREST EXPENSES
FROM: Richard E. Watkins, Finance Director
The Finance Department reports that during Fiscal Year 1992
(October 1, 1991 to September 30, 1992) there were -no interest
payments by Indian River County in support of the Florida Prompt
Payment Act (F.S. 218.78).
Commissioner Adams asked Administrator Chandler for more
information.
Administrator Chandler explained that the County is required
by law to file an annual report stating that all payments were made
on time and, therefore, no interest was paid.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously accepted
the above Prompt Payment Interest Expense report for
the Fiscal Year ended September 30, 1992.
9
BOOK �� FA,E 4�3
JAN J[��9 �
r A in
BOOK 88 PAGE 484 7
F. Award Bid #3039 - Aluminum Blanks and Hardware
The Board reviewed the following memo dated December 30, 1992:
DATE: December 30, 1992
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
B.T. "sonny" Dean, Director
Department of General Servio
FROM:. Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #3039/Aluminum Blanks and Hardware
Traffic Engineering
BACKGROUND INFORMATION
Bid Opening Date:
Advertising Dates:
Specifications Mailed To:
Replies:
Universal signs i Accessories
Ft Pierce, PL
November 18, 1992
November S, 12, 1992
Eight (8) vendors
Four (4) vendors
BID TABULATION
SEE ATTACHED BID
TABULATION
Municipal supply and Sign Company
Naples, FL
Vulcan signs
Foley, AL
Signs and Blanks, Inc
Akron, ON
RECOMMENDATION:
Staff recommends the followings
I. Award to Universal Signs and Accessories, as the
overall lowest, most responsive and responsible
bidder.
2. Establish an Open End Contractf; with Universal Signs,
with a not to ezoeed amount of $30,000.00 during the
contract period.
3. Authorise the Purchasing Manager to renew these
contracts subject to satisfactory performance, sero
cost increase, vendor acceptance, and the
determination that renewal is in the best interest of
the County.
10
W W W
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously authorized
an open-end contract with Universal Signs and
Accessories in a not -to -exceed amount of $30,000.00.
G. 1993 State Aid Contracts - IRC Main Library
The Board reviewed the following memo dated January 5, 1993:
DATE: 1-5-93
TO: BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER, COUNTY ADMINISTRATOR f co
THRU: H.T. "SONNY" DEAN, DIRECTOR, DEPARTME
GENERAL SERVICES
SUBJECT: 1993 STATE AID CONTRACTS
FROM: MARY D. POWELL, DIRECTOR, MAIN LI�Y
BACKGROUND:
THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
APPLIED TO THE DIVISION OF LIBRARY AND INFORMATION
SERVICES FOR THE STATE AID GRANT WHICH IS BASED ON TOTAL
LOCAL FUNDS EXPENDED CENTRALLY FOR THE OPERATION AND
MAINTENANCE OF PUBLIC LIBRARIES. THE APPLICATION WAS
APPROVED.
ANALYSIS:
THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS'
SIGNATURE IS REQUIRED ON BOTH ORIGINAL CONTRACTS
(ATTACHED) IN ORDER TO RECEIVE THE GRANT FUNDS.
STAFF RESPECTFULLY REQUESTS THAT THE BOARD AUTHORIZE ITS
CHAIRMAN TO SIGN THE GRANT CONTRACTS AND RETURN TO THE
MAIN LIBRARY DIRECTOR TO BE FORWARDED TO THE APPROPRIATE
STATE LIBRARY STAFF.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously authorized
the Chairman to execute two originals of the 1993
Library State Aid Grant contract and forward them to
Director Powell of the Main Library for forwarding
to the appropriate State library staff, as
recommended by staff.
COPY OF PARTIALLY EXECUTED GRANT AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11
�aoK FAcF 485
JAN 121993
I JAN � 2 1991
BOOK 88 Parc 496
H. A Resolution of Indian River County Florida choosincr a
newspaper in which legal and official advertisements will be
published from February 1993, through January 31 1994
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution 93-9, choosing a newspaper in which legal
and official advertisements will be published from
February 1993, through January 31, 1994.
RESOLUTION NO. 93- 5
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, PURSUANT TO SECTION 197.402,
FLORIDA STATUTES, CHOOSING A NEWSPAPER IN
WHICH LEGAL AND OFFICIAL ADVERTISEMENTS
WILL BE PUBLISHED FROM FEBRUARY, 1993,
THROUGH JANUARY 31, 1994.
WHEREAS, Section 197.402, Florida Statutes, requires that when legal
advertisements are needed the Board of County Commissioners shall select a
newspaper as provided in Chapter 50, Florida Statutes; and
WHEREAS, Rule 12-D-13.036 (1) , Florida Administrative Code, implies
that this choosing of a newspaper shall be performed annually; and
WHEREAS, this Rule. directs explicitly that at the first Board meeting in
February the Board of County Commissioners shall select the newspaper in
which said advertisements shall be placed; and
WHEREAS, Section 50.11, Florida Statutes, sets out certain criteria for
the publication to be a qualified advertiser for legal and official notices; and
WHEREAS, these qualifications include that:
1. The newspaper must be printed and published once a week or
more often.
2. The newspaper must contain at least 25% of its words . in the
in the English language.
3. The newspaper must be admitted and entered as second-class
mail at a post office.
4. . The newspaper must be for sale to the public generally.
12
® � r
RESOLUTION NO. 93- 9
5. The newspaper must be available to the public generally for
the publication of official or other notices and customarily
containing information of a public character or of interest or
value to the residents or owners of property in the county
where published or of interest or value to the general
public.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following
newspaper shall be the legal and official advertiser for the time period
February, 1993, through January 31, 1994:
VERO BEACH PRESS JOURNAL
The resolution
was moved
for adoption
by Commissioner
_ I:qgPrt ,
and the motion was
seconded by
Commissioner
Macht , and,
upon being
put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 12 day of January , 1993.
BOARD OF COUNTY COMMISSIONERS
INDIANR VER COUNTY, FLORIDA
Attest:
By
_ ichard N. Bird
Je€ K. B
qto
YCler Chairman
J�•��:'-(�tom. �•�.
13
JAN 12 iq; BooKL2
�
.;
r- J AN I
? �0,n7�
BOOK 88 FAGF 488 -7
I. Policy on Excess/Surplus Property
The Board Reviewed the following memo dated January 6, 1993:
DATE: JANUARY 6, 1992
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU : JAMES E. CHANDLER% --
COUNTY ADMINISTRATO
FROM: H.T. "SONNY" DEAN, DIRE
DEPARTMENT OF GENERAL SERVICES
SUBJECT: POLICY ON EXCESS/SURPLUS PROPERTY
BACKGROUND:
Florida State Statue 274 provides for the Board of County
Commissioners to be responsible for the supervision and control of
the County's tangible personal property. The law also outlines
guidelines for the disposal of surplus property.
In an effort to provide a standard procedure in accordance with the
law, staff developed a policy for the transfer of excess property
within County governmental departments as well as disposal of
property that has lived its useful life. This policy calls for
documentation that will provide the Fixed Assets Division a record to
track and locate the County's tangible property.
The policy will also provide information to all -departments within
County Government, notice of excess property that can be obtained for
their use with minimum expense.
ANALYSIS:
The Indian River County Purchasing Division has been identified as
being responsible to dispose of surplus property in accordance with
the State Statues. It is therefore appropriate to make this policy a
part of the Purchasing Manual.
RECOMMENDATIONS:
Staff recommends the Board adopt the Policy on Excess/Surplus
Property as presented, and authorize it to be part of the Indian
River County Purchasing Manual.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously adopted
the policy on excess/surplus property as presented
and authorized it to be part of the Indian River
County Purchasing Manual, as recommended by staff.
COPY OF INDIAN RIVER COUNTY PURCHASING MANUAL
IS ON FILE IN THE OFFICE OF PURCHASING DEPARTMENT
14
J. Surety Bond for Paul Albert Graham, M.D.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
surety bond for Paul Albert Graham, M.D., trustee,
IRC Hospital District.
COPY OF BOND IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
K. Request from Sheriff Gary Wheeler to have a Member of the Board
Serve as Liaison with Community Leaders in Gifford
The Board reviewed the following letter from Sheriff Gary C.
Wheeler dated January 6, 1993:
January 6, 1993
Honorable Richard M. Bird, Chairman
Board of County Commissioners
Indian River County
1840 25th Street
Vero Beach, Florida 32960-3394
Dear Commissioner Bird:
By way of this letter, I am requesting the appointment of a member of the
Board of County Commissioners to serve as a liaison on a committee with the
community leaders in Gifford and also to work in connection with the new
Community Oriented Policing Program.
I would like to coordinate a meeting with the committee within the next two
weeks and your prompt response to this request would be appreciated.
Sincerely,
Gary C heeler, Sheriff
Indian River County
GCW:rw
Chairman. Bird asked for the Board's approval to have
Commissioner Eggert serve as liaison with Gifford community leaders
as part of a new program Sheriff Wheeler is implementing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously authorized
Commissioner Eggert to serve as liaison with Gifford
community leaders in connection with the new
Community Oriented Policing Program.
15
1993 BOOK bS Fa;c 4.8 9
� � BOOK � FAIT
JAS, V A-90
PUBLIC DISCUSSION - PETITION CONCERNING THE NEW FACILITY PROPOSED
BY MACHO PRODUCTS INC.
Commissioner Adams advised that she put this public discussion
_y on the agenda today in response to a request by North County
residents who have concerns about pollution emissions from the
proposed Macho Products facility in Sebastian.
Chairman Bird noted that the request for site -plan approval
will be addressed at the Thursday, January 14, 1993 Planning and
Zoning Commission meeting and that -today's discussion is to address
the concerns about environmental control. However, the County has
no jurisdiction over air quality. The Florida Department of
Environmental Regulation monitors toxic emissions.
Director Keating presented the following memo dated January 8,
1993:
TO: James Chandler
County Administrator
FROM: Robert M. Keating, AICP P.MK
Community Development Director
DATE: January 8, 1993
SUBJECT: MACHO PRODUCTS, INC.
It is requested that the information herein presented be given
formal consideration by the Board of County Commissioners at their
meeting of January 12, 1993.
DESCRIPTION & CONDITIONS:
For almost a year, representatives of Macho Products, Inc. have
been communicating with County staff regarding the construction of
a manufacturing facility within Indian River County. Recently,
Macho formalized this communication by filing an application for
site plan approval. That application has been reviewed by staff
and considered by the county's technical review committee. The
site plan is ,now scheduled for consideration by the Planning and
Zoning Commission at its meeting on Thursday, January 14, 1993.
The Planning and Zoning Commission's action on this matter will be
final unless that action is appealed, in which case the issue will
come before the Board of County Commissioners.
One issue which has arisen regarding the proposed Macho site plan
relates to air emissions and their potential effect upon air
quality. Not only is air quality an important .*issue, but it is
also a complicated issue. In terms of air quality, the county does
not have any problems at this time; consequently, there are no
county staff with expertise in this area. That,*however, does not
mean that air quality will not be considered in this case.
16
Responsibility for air quality monitoring, permitting, and
enforcement lies with the state Department of Environmental
Regulation. In this capacity, DER regulates all industries having
air emissions. With respect to Macho, DER will address Macho's air
emissions at both the plant construction and operation phases.
During the 'site plan review process, staff has coordinated
extensively with DER staff to ensure that the air emission issue
will be considered in adequate detail.
ANALYSIS:
Based upon the site plan submittal and additional information
provided by Macho officials, staff has identified the various
characteristics of the proposed use. According to this
information, the process used in Macho's manufacturing activity
involves the dipping of the products into a liquid vinyl paint.
The products are then conveyed through a heat -tunnel to dry the
coating. It is in the dipping and drying procedure that volatile
organic,compounds (VOCs) are released.
Emissions of -VOC's are regulated by the Florida Department of
Environmental Regulation (FDER). Because air quality is a complex
technical issue, county staff rely heavily upon the expertise of
the DER staff in such matters. In fact, county LDRs do not include
any air quality standards or criteria. However, county LDR's do
require site plan projects to comply with the requirements of FDER,
as well as other jurisdictional agencies [reference LDR 914.10(1)].
Presently, there is no pollution control equipment at Macho
Products' existing facility in Palm Bay. This accounts for press
references to Macho as a major polluter in Brevard County. At its
proposed facility in Indian River County, Macho will have state of
the art pollution control equipment which will significantly reduce
the volume of emissions. Attachment #1, which is a letter from the
president of Macho Products, Inc., provides additional details on
the manufacturing process and the steps taken by Macho Projects,
Inc. to reduce emissions of VOCs produced in its manufacturing
process.
Throughout the review of this site plan application, county staff
has been in close contact with the DER staff in both the
Tallahassee and the Orlando offices. According to DER's records,
Macho Products has recently been in contact with.the DER but has
not formally submitted an application for construction of pollution
control equipment at the proposed plant site. Because no specific
Pollution control equipment construction application has been
submitted, DER representatives cannot comment on the specifics of
the permit. Please see attachment #2 which is a general statement
from the DER -regarding local concerns over air pollution.
Once a permit application is made to the DER, the application will
be reviewed; if all applicable state regulations and policies are
met, the application will then be approved. Subsequently, DER will
issue a construction permit for the pollution control equipment.
When complete, the applicant will be required to perform
operational tests in order to obtain an operational permit from the
DER. As part of the operational permit, the applicant is required
to conduct an annual performance test and file an annual monitoring
report with DER. The DER staff can perform periodic site
inspections as needed to ensure on-going compliance with state
regulations.
17
BOOK 88 PAGE•.91
Fr- 3 A � 12 119
Boa 88 P,k�r 4 9?1
In verbal conversations with county staff, DER staff has indicated
that Macho Products, Inc. will be using the best available control
technology (SACT) to handle VOC emissions. DER staff has also
indicated that Macho Products, Inc. will soon apply for a DER air
-- quality permit. Consequently, county planning staff will require
the applicant to submit a DER construction permit prior to site
plan release and to submit a DER operations permit prior to the
issuance of a certificate of occupancy for the project.
In staff's opinion, state air emissions requirements enforced
through the FDER permitting and inspection process are. adequate to
ensure that'no adverse air quality problems will result from site
plan approval. In fact, if Macho Products were proposing to locate
within an existing structure which was approved for industrial
uses, no county approvals at all would be required. In that case, -
however, DER would still require -that applicable air emissions
permits be obtained.. -
It is staff's opinion that all air emission related issues be
addressed by DER. Not only does DER have adequate technical staff
to address air emissions, but DER also has standards and criteria
relating to air quality. Because Indian River County regulations
do not specifically address air emissions, any decision made based
upon assumed air quality impacts would be arbitrary and probably
v
indefensible if challenged in court.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners take no
action on this matter.
Director Keating reported that staff has been talking to
representatives of Macho Products for a year about their desire to
locate within Indian River County, and they have informed staff
about characteristics of their product and the fact that they have
some emissions. Any site plan must meet the requirements of all
jurisdictional agencies, including the St. Johns River Water
Management District (SJRWMD) and the Florida Department of
Environmental Regulation (FDER). Construction and operating
permits will be required. Macho has not yet applied for either of
these. Indian River County ordinance requires all permits and
agency criteria to be submitted to staff before a permit will be
issued. The specifics will be discussed Thursday night at the
Planning & Zoning Commission meeting. He noted that if Macho
wanted to move into an existing facility, they would not have to
get a permit from the County because that would be outside the
scope of the County's authority. Because this is a new facility
the County will be coordinating with FDER.
18
Dudley Gordon, president of Macho Products, reviewed the
information in the following memo dated January 5, 1993:
MACHO PRODUCTS, Inc. • 2550 Kirby Ave. N.E. • Palm Bay, FL 32905-3494 USA
(407) 729-6137 0 (800) 327-6812 • FAX (4Q7) 768-2598
MEMORANDUM
TO: Members, Planning and Zoning Commission
Indian River County, Florida
FROM: Dudley J. Gordon, President, Macho Products
DATE: January 5, 1993
SUBJECT: Environmental Protection Planning
MACHO PRODUCTS, INC
I welcome the opportunity to provide you an overview of Macho
Products actions to date in the area of environmental planning and
to share with you our future plans in this important area.
Macho Products commenced manufacturing protective equipment for
martial artists and law enforcement officials in 1980 in Palm Bay,
Florida. Our production operations include .die -cutting foam,
gluing and assembling the cut foam, and dipping the assembled
product in a vinyl coating. The gluing and coating processes use
solvents, -methyl ethel ketone (MEK) and toluene. These solvents
are not carcinogens and carry official health hazard ratings of low
(MEK) and moderate (Toluene). These hazard ratings are taken from
Material Safety, Data Sheets. The source of the ratings is the
National Fire Prevention Association. Our manufacturing process
generates no significant solid wastes, no hazardous wastes,. no
polluted effluents, and no visible air emission. The solvents used
are called Volatile - Organic Compounds (VOCs). VOC emissions can
contribute to smog. The quantity generated is small in comparison
to existing sources (eg.. automobiles, power plants) and has'not
caused problems. Nevertheless, by 1994 we expect to reduce VOC
emissions by 85 percent. (The rate of reduction will be higher,
but there will be increased production.) In so doing, we will drop
to the category of a "minor" source.
Macho Products was initially visited and inspected by
representatives of the Florida Department of Environmental
Regulation-_- (FDER) in December 1983 and found to be "in compliance."
No further visits or inspections were conducted until November
1988. At that time we were visited and told that we probably
required an air permit. We requested that an application be sent
to us. In January 1989, we received notice that the.FDER believed
we were operating in violation of Florida statutes. It was
determined that an air permit was required. We were cited for a
"paperwork violation having a minor potential for harm" and were
assessed the minimum possible fine of $ 600.
In Ma198, we
agreed to submit an Air Permit Application. We did so in June 1989
and were issued our permit in November '1989.
operating under the conditions of that permitWe have been
February 1992.- The permit conditions, as amended, limit our as amende nuain
l
EV7
JAN 121993 BOOK 88 Fr
r JAN j 2 1993
BOOK 88 pnF 404
air emissions to two hundred and five and one-half (205 1/2) tons;
require that we install, not later than July 1, 1994, a
state-of-the-art pollution control device or convert to a
water-based or low solvent content coating; provide FDER evidence
prior to January 1,. 1993 that we have contracted for the
installation of one of the mandated remediai-actions; provide a
schedule prior to January 1, 1993 showing that contracted work will
commence and terminate with completion occurirrg not later than July
1, 1994; and provide quarterly progress reports to the FDER.
Macho Products has cooperated with the FDER to the maximum extent
possible in'our efforts to resolve this issue. To date, we have
accomplished everything we have been requested to de -:}by the FDER
and within the timeframe specified. In. our search for an
acceptable water-based or low solvent coating, we have interacted
with more than 200 paint manufacturers and formulators. We have
been exhaustive in contacting emission reduction equipment
manufacturers while exploring the various applications for thermal
and catalytic incineration, absorption, adsorption, condensation.
and bio -filtration. We have retained the services of nine separate
consulting firms to assist us in researching alternate processes or
technologies. These efforts have to date cost us in excess of
$100,000.
Macho Products will install a state-of-the-art emission reduction
device. We would have preferred the remedy of changing our
manufacturing process to water-based or low solvent coatings since
we .believe they represent the emerging technology in the vinyl
coating industry and will be reality in three to five years.
Moreover, it would have been less costly since the emission
reduction option entails capital costs approximating $ 350,000,
Plus operating costs and the costs of unique construction
requirements for the coating facility.
The advantages of process change vis-a-vis the emission reduction
equipment notwithstanding, the Board of Directors of Macho Products
made the coimmni.t ment that one of the remedial actions mandated by
the FDER would be in place when our new factory commenced
operations iii'ladian Rivar County. This commitment was made even
though the required cc-Mrletion date of July 1, 1994 postdates the
Projected factory operation date by nine to twelve months.
Tharefore, umi December 29, 1992, I wrote to Mr. .C.
H. Fanc, Chief
Bureau of Air Regulation, FDER and advised him of the - following: .
a. we have puxGhased the land for a new manufacturing site in
Indian River Couiity.
b. we have retained the essential consultants and providers of
goods and serviveg to build a 40,000 sq. ft. manufacturing facility
in Indian River. C ijfity,
C. our contract with our mechanical engineering consultant
includes engineering and design of a coating facility which will
house our emission reduction equipment.
d. we have retained the services of the prestigious
environmental engineering firm of Geraghty & Miller to assist in
the preparation and submission of the Air Permit Application for
our new plant location.
e. we have signed a letter of intent with Stelter and Brinck,
Inc. to purchase a fume incinerator for treatment of our exhaust
stream and established, for planning purposes, a July 1993
equipment delivery date. _
20
f. in terms of scheduling, we are planning: (1) to complete
our coating facility construction by end June 1993; (2) delivery
and installation of the fume incinerator by end July 1993; (3)
testing, inspection and approval of the emission reduction system
and issuance -of our Operating Permit by end October 1993.
One of Macho Products corporate objectives is "to be a responsible
and respected corporate citizen." The manner in which we have
approached the resolution of this -problem epitomizes the essence of
all that is embodied in that objective. We have been professional
and ethical in facing up to the problem and complying with the
limitations it has imposed upon us; we have persevered in our
search for the most responsible solution; and we have been generous
in.our commitment of resources to its resolution. Our colleagues
in the FDER have recognized and commended our efforts:
"They (Macho) wanted to do the right thing."
- Chuck Collins, Orlando Office, FDER
"Macho has been very cooperative and conscientious in its
efforts to satisfy the canditions of the permit."
John Reynolds, Bureau of Air Regulation, FDER
"They (Macho) seem to be very environmentally responsible.
There's been a great deal of effort made by the company."
- Ptegton Lewis, Supervisor for Air Permitting,-FDER
By 1994 we expect to reduce VOC emissions by •85 percent and the
rate of emssions by almost 90 percent. Projected emissions of 285
tons for 1994. will be reduced to 30 tons; the projection of 342
tons for 1995 will be reduced to 36 tons; the projection of -410
tons for 1996 will be reduced to 43 tons; and the projection of 493
tons for 199.7 will be reduced to 52 tons.
depicts the reduction. The enclosed graph
completely. Our efforts will not eliminate emissions
P y. There will continue to be some emissions from our
manufacturing operations .just as there willcontinue to be
emissions from the operation of automobiles, boat motors, power
plants, land fills, natural decay, and other common sources. I can
assure you. that we will maintain. our level of emissions at the
lowest possible level and will comply, with the conditions of our
permit and the regulations of the authorities who exercise
jurisdiction in these matters.
Chairman Bird asked Mr. Gordon to tell the Board and the
public about his background. Mr. Gordon related that he was in the
Army for 30 years before retiring as 'a Major General, and his
current rank is Brigadier General. Four years ago he had the very
good fortune to go to work for Macho, which was a small company at
that time. `' -
Mr. Gordon introduced R. J. Vadimsky, president of Relco,
Unlimited, the technical consultant for Macho Products.
R. J. Vadimsky conveyed that Relco is an engineering firm with
8 employees that has been in Melbourne for 29 years. Relco has
worked on a number of projects in this area, including the Jaycee
Park turtle lighting facilities and the Adult Congregate Living
facility on SR -60. Currently, they are working on the Riverwalk
Shopping Center in Sebastian. Macho hired his company in July
21
BOCK FQ^A
JAN 12 19,9
BOOK 88 FACE 496 -7
1992 to do the research and development phase of this facility and
determine the minimum standards acceptable to FDER. Mr. Vadimsky
discussed the following chart:
COMPARISON OF EMISSION SOURCES
IN INDIAN RIVER COUNTY
Q
W
a.
W
Z
Z
0
W
POWER plµr N FUM PAVER PFKXW IB
11!gA OOMY
22
Mr. Vadimsky stressed that Macho will become a minor source of
volatile organic chemicals (VOCs) when the new facility is placed
in operation because the level of emissions will decrease
significantly. Mr. Vadimsky showed a diagram of the proposed
38,000 square foot plant and pointed out the storage and mixing
area. He explained that the processing areas will be separated
from the main facility by firewalls. The storage and mixing area
will have a depressed floor with a ramp into it and a containment
dike that could contain the worst possible spill. All of the
containers are non-tippable stainless steel drums on welded steel
legs. The most that could spill in that area would be a 10- or 15 -
gallon container. Further, if for some reason one of the
containers burst completely, the dike would contain the spill. All
nine containers would have to burst before the spillage reached the
height of the curb, and this has never happened. Mr. Vadimsky
stressed that the rest of the building is pressurized with filtered
fresh air. When the incinerator is put into the process, it will
have complete control over all the other devices, and if anything
should fail in the system, everything would automatically stop
except the exhaust fans. The fans would keep running in order to
prevent any buildup of solvent in the air that might become
hazardous. Storage of the solvent will be in a 6,000 -gallon
fiberglass tank with a containing dike around it, which Mr.
Vadimsky compared with local gasoline tanks that contain between
25,000 and 30,000 gallons of fuel.
John Marcheschi, environmental product manager of Stelter and
Brinck, Cincinnati, Ohio, came before the Board to describe his
company's role in the proposed facility. Mr. Marcheschi advised
that Stelter and Brinck was founded in 1956, and he has been with
the company for the past 6 years since obtaining his bachelor's
degree in chemical engineering from Vanderbilt University. Mr.
Marcheschi explained that the emission control device is actually
a catalytic converter which converts the chemicals to harmless
compounds:{'The catalytic convertor is -similar in some ways to the
catalytic converters in automobiles. When an engine burns
gasoline, the gasoline itself is inorganic. However, it is not
burned completely and the residual organic compounds must be
converted to harmless compounds before being released into the
atmosphere. However, an automobile catalytic converter emits
carbon monoxide, which is harmful. The Macho incinerator is much
safer in that it will not release any carbon monoxide, but instead
converts the chemicals to carbon dioxide and water. No cloudiness
will be seen coming out of the building. There will be some heat
23
T
JAN 1. 2 1993
BOOK •'uL 4,9
mor, 88 `"�F 4qS
JAN 193
discharged, but it will be limited to a maximum of 400 degrees.
The surface temperature of the incinerator will be no more than 120
degrees, which is beneath the standards of the Occupational Safety
and Health Administration (OSHA). This incinerator follows the
guidelines of all regulatory agencies. Mr. Vadimsky then gave a
technical explanation of how the incinerator works, with the aid of
the following diagram:
Catalytic Incinerator
EXHAUST
HEAT
EXCHANGER
0
M
BURNER
EXHAUST
FAN
�.
PROCESS
CATALYST
CHAMBER
Mr. Vadimsky stressed that his company has been manufacturing
incinerators for 16 years and has the best service record in the
industry. If there is a problem, they fix it. To date, there has
never been a problem with their equipment, but if a problem did
occur, service personnel could be here in three hours on their
company plane. The engineering is sound and the equipment is
constantly monitored. Stelter and Brinck do not take anything for
granted.
G. Nell Tyner, Ph.D, a geochemist, has been employed for the
last 4 years by Geraghty and Miller, Melbourne, Florida, an
environmental service firm established in the 1950s with over 40
offices nationwide, advised that prior to that she taught
geological oceanography at Florida Institute of Technology for 6
24
4.
years. She reported that she discussed the planned system with
FDER'and directed the Board's attention to the following letter:
Florida Department of Environmental .Regulation
- 7 win Tbweis office Bldg. • 2600 BL -a Soong Road • Tftkh„we� Florida 32399-2400
Liw+mn awn, cmV=or
January 7, 2993
Mr. John McCoy
Indian River County ,
Administration Building
1840 - 23th street, Suite 312
Vero Beach, Florida 32960
Dear -Mr. McCoy:
CUW U. N ower, Seaweuy
Re: Macho Products' Propo®ed Facility in Indian River County
You requested that the Department provide comments on a local
resident's December 3o, 1992, letter to the Indian River County
Commissioners regarding Macho Products' proposed facility to be
constructed in that county**
Without commenting on the aceuracy of the facts presented by the
local resident, Macho Products will be required to follow all
applicable rules and regulations required under the new Clean Air
Act for the new plant. On December 16, 1992? Macho Products not
with our staff in Tallahassee to present the basic air pollution
control system design for their proposed facility. Based on that
meeting, we believe that the system they plan to install can be
considered as the beat available control technology.
Macho Products' replacement of their existing uncontrolled facility
in Brevard County with a new, well-controlled plant in Indian River
county will result in substantial improvement in the air quality
for the state. If you need further comments or have any questions,
please contact Preston Lewis or John Reynolds at (904) 468--1344.
sincerely,
f
John C. Brown,. Jr., p.g.
Jce/JR/pia
ccs C. Collin, CD
25
L -JAN 121993
Administrator
Air Permitting
and standards
ROOK 8S F'A, D
JAN 12 199
BOOK 88 PAGE 500
Dr. Tyner explained that toluene and methyl ethyl ketone (MEK)
are chemicals used by all of us in our daily lives. Over 90% of
all toluene is used in gasoline. There is a concern that toluene
is used in TNT, but she explained that it is actually very
different from TNT. She recognizes that everyone is concerned
about chemicals in the environment, but the U.S. Department of
Health has learned that the level of toluene inside our homes is
higher than outside. Both MEK and toluene are biodegraded into
harmless compounds fairly rapidly; and their lifetime is -only about
a day.
Dr. Tyner discussed the following permit application process:
AIR PERMIT APPLICATION PROCESS
Construction Permit Application
Reviewed by Orlando for Minor Source.
Best Available Control Technology
Not required for Minor Source but still achieved.
Florida "No Threat" Levels Required
OPERATING PERMIT APPLICATION
Reviewed by Orlando for Minor Source.
Air Quality Test performed by Independent Test Firm.
Compliance Report Provided.
Chart recorder required.
Yearly testing required.
Dr. Tyner emphasized that the FDER is very aggressive and the
public can put their trust in them. Macho will have to get
approval before they can even start construction. After approval
is given to start construction, they will have to submit quarterly
compliance reports. At the end of the first year they will have to
submit an annual report.- FDER will review that information, and
26
will not give Macho a regular operating permit if they are not in
compliance. If everything is satisfactory, an operating permit
will be issued and it also has requirements for quarterly and
annual reports. The incinerator guarantees a minimum efficiency of
95%, but the incinerator will actually have about 98% efficiency.
The levels will be well below toxic levels. Dr. Tyner added that
the EPA has thoroughly investigated these chemicals. The EPA is
very conservative in what they think the public should be exposed
to, and they have determined that these chemicals are not
carcinogenic.
Mr. Gordon again came before the Board and stressed several
points:
(1) A lot of the chemicals being objected to are already in
use in our everyday lives. They must be handled
carefully and should only be used for the purpose for
which they were intended. If those practices are
followed, they are not hazardous.
(2) Macho has 12 years' experience handling these chemicals
and has never had a serious incident.
(3) Macho has not spared resources in designing the new
facility nor will they spare resources in constructing
it. Additional resources will be committed to changing
to a low solvent process when that technology is
available.
(4) One of Macho's goals is to be a responsible and respected
corporate citizen that has been professional and ethical
in dealing with FDER.
Mr. Gordon read several quotes from FDER officials, stating
that Macho Products has been cooperative, conscientious and
environmentally responsible.
Mr. Gordon hoped the Board and the public would agree that the
construction of the new facility will not present a threat to the
community or to Indian River County. He predicted that Macho's
work force of 120.personnel will provide year-round employment and
benefits, -including health insurance and profit-sharing. The
payroll is currently about $2 million a year and growing. Most of
that will be paid to Indian River County residents. Applying a
generally used multiplier effect of 3 or 4 translates to a total
contribution of $6 to 8 million a year to the local economy.
Mr. Gordon concluded that officials of his company would be
happy to meet with any organizations and individuals who still have
concerns, and he hopes the citizens of the County will feel as good
about the arrival of Macho as he does.
27
JAN _121993 BOOK 88 i,nE 501 -..,A
93 BOOK 88 FAGS 502
Chairman Bird thanked everyone for their very informative
presentation and hoped it will help the audience understand the
issues.
Commissioner Macht asked whether the emissions were lighter or
heavier than air, and Mr. Gordon replied that they are heavier than
air and would settle.
The Chairman opened the public discussion. -
Rose Gaines, 1955 316t 'Avenue, recognized that"f-ndian River
County needs business to turn the local economy around, but felt
that her concerns were not addressed during the presentation and it
only made her more nervous. She expressed concern about the
proposed facility's proximity to Sebastian Middle/Junior High.
This is the age when human reproductive systems become mature and
rapid growth occurs. Any amount of MEK and toluene released into
the atmosphere is too much. Further, Mrs. Gaines pointed out that
the water supply for the school comes from a well and she is
concerned about possible effects of these compounds on the water.
She asked whether there is firm commitment that the company will
continue to make environmental safety a top priority and make
adequate inspections, especially—as the facility ages. She
concluded that if the commitment is there, then they should -go
ahead with the project, but she wished it were further away from
the school.
Mr. Doug Leonard, Geraghty & Miller, felt that the storage
issue had been addressed in that spills will be contained within
the dike to prevent groundwater contamination. He reminded the
public that the incinerator's manufacturer guarantees 95% of the
VOCs and probably 98% of the VOCs will be taken out. Inspection
will be continuous as the compounds pass through the catalyst.
Both inlet and outlet air quality samples will be taken.
Mr. Marcheschi added that the heat exchangers will not corrode
because they are not susceptible to rust. As far as detrimental
effects on children, carbon dioxide and water will not do a thing.
The hydrocarbons in the exhaust from a school bus are much more
harmful than the 2 percent that will pass through the incinerator
and be emitted at stack elevation. It will be impossible to sense
a change from the previous environment to the environment after
incineration.
Dr. Tyner stressed that huge doses of compounds are given to
laboratory animals in order to evoke a response. The only possible
effects of MEK and toluene are on the nervous system and they are
reversible.
28
Jim Granse, 36 Pine Arbor, asked if Macho has had any problem
securing liability or Workers' Compensation insurance, because
insurance companies have their own safety engineers.
Mr. Gordon assured him that Macho is covered by a major
carrier and has had no problems in securing insurance; in fact,
their premiums have declined, evidence that the carrier recognizes
Macho has become more expert over the years. He added that he
would not preside over a company that does illegal or unethical
things, and that 7 out of 10 employees would tell anyone who asked
them that Mr. Gordon is more concerned about safety than anything.
Rick Hathaway, Macho systems manager, related that Macho's
Workers' Compensation and health loss ratio are currently 3:1, a
remarkably good record.
Constance Faith, who will be a resident of Roseland Road in a
few months, expressed concern that residents would not find out
about a failure until three months later because the monitoring is
done quarterly. She is breeding a pair of rare Amazon parrots and
had planned to breed additional endangered species, but if this
firm comes in she is not going to do so.
Mr. Marscheschi reiterated that the unit is monitored daily
and hourly, not just every three months. There is a constant
readout every minute of every day to insure the unit is operating
the way it should be.
Steve Pitiak, resident of Sebastian, suggested that the Board
consider the beneficial effect this will have on employment and the
tax rate. He pointed out that Indian River County has a very high
unemployment rate and the young people are leaving because there
are no jobs. Mr. Pitiak suggested that the County establish the
right to shut them down if they pollute. He recalled that he lived
near DuPont and Hercules in New Jersey for many years with no
harmful effbbt, and he did not think anyone should get hysterical
about this proposed facility.
Leonard Bassi, 573 Browning Terrace, Sebastian, emphasized
that he lived 18 miles from DuPont and Hercules and had to leave
New Jersey because they were going to take out his left lung. He
did not understand why state of the art equipment was not in place
at
29
JAN 12 19-93
BOOK 88 P.10E 503
JAN 19.inni
BOOK
88 PA,F 504
the Melbourne location.
Although he recognized that these
people
all have credits and degrees, he would like to see a notarized
report on all of this that could be made public record.
Reith Miller, 961 Riviera Avenue, presented the following
letter from the Sebastian Elementary PTA:
Sebastian Elementary School PTA
January 2, 1993
Dear Sir/Ms.,
Our PTA Board recently heard a presentation by Mr. Hart,
who is a Sebastian citizen, school volunteer, and grandfather
of children at our school. He reminded us that Macho Products,
a manufacturer of martial arts equipment, is planning to re-
locate from Palm Bay,to a site about one mile, as the crow
flies, from the Sebastian River Middle Junior High School, and
the -Sebastian River High School. Mr. Hart shared Florida Today
newspaper articles which recently stated that Macho Products
is the number one polluter in Brevard County, emitting 300,000
pounds of pollution in the air this past year alone. Mr. Hart
shared documents from the New Jersey Department of Health which
describe the toxicity of two of the chemicals used by Macho
Products. Those documents indicate that exposure to those
chemicals directly or through the air creates significant health
hazards.
As a PTA Board, we are concerned about the health and safety
of the 600 school children at our school as well as all of the
children at the middle school and senior high school. We would
like to know what precautions the county commissioners will
take so that our school children will not be exposed to factory
emissions, and toxic leaks into the groundwater or air by
accident, technological failure, or human error since the
plant is so close to the Sebastian schools. We would like
reassurances from the County Commissioners or your environmental
experts that these children will be safe and that their safety
has been carefully considered.
Interestingly, last week there was a toxic cloud formed
in Titusville when chemicals escaped from the Pharmco factory,
necessitating the evacuation of 400 residents. This incident
is an example of how the health of nearby children can be
jeopardized. We also would like reassurance that the county
has a plan, trained personnel and equipment available on an
emergency basis in the event that the school children would
need to be quickly evacuated. As you can see in the attached
newspaper clipping, the evacuation in Titusville depended upon
highly trained personnel familiar with working with hazardous
materials, as well as coordination of community agencies as
support services.
M
Thank -you for your attention. We look forward to your
reassurance and an outline of the precautions that will be taken.
Sincerely,
f
&iVeVSlade
President
W
i cki TozzolO
First Vice President
cc/ County Commissioners
School Board
Sebastian River Middle Junior High School PTA
Pelican Island Elementary School PTA
County Council PTA Board
Mayor Lonnie Powell, Sebastian
Dr.-. Gary Norris, Superintendent
Mr. Hart
Dee Blossom
Second Vice President
Shaun Rogers
�Secretary
Rim Massung
Treasurer
Mr. Miller commented that the FDER did not check on Macho
Products for five years between 1983 and 1988. Further, he did not
believe this would have a beneficial effect on the tax base.
Alan Campbell, Council of 100, spoke in support of Macho
Products. The Council of 100 has been working with Macho for about
a year in an effort to persuade them to relocate. He felt that
Macho is a socially responsible -company that will benefit Indian
River County.
John Otero, 454 Tennyson Lane, Sebastian, spoke as a
representative of concerned citizens of North County. He
understood everything that was said by Macho representatives but is
still concerned about the emissions. He quoted from the following
letter dated November 21, 1992:
December 30, 1992
COUNTY COMMISSIONERS
Indian River County, FL
Dear Commissioner:
To introduce myself, I am a retiree who moved to Sebastian from
Phoenix, Arizona a year ago, largely because of increasing air and
water pollution there. I hold two BS degrees in engineering, I am
a registered professional engineer -in the state of Arizona, and
worked as an engineer in Phoenix industries for 23 years.
31
L_ JAN -12 1993 BOOK 88 ,,u54105
F' JAN 12 1993
BOOK 88 ?,rF506 -1
I --am writing to.expresss:my deep concern regarding the imminent move
of Macho Produotsp,-Ino,,, from Brevard county to Indian River county.
I first became aware of this move when I read the Press -Journal ar-
ticle of 7-26-1992 (Ref. 1). This article stated, among other things,
that toxic air pollution in Indian River county in 1990 (the last
year for which data was available) was a minuscule 1510 pounds (dropp-
ing to.zero when Hercules, Inc. ceased production 7-1-192). That
same year, Macho Inc., Brevard's worst polluter by far, released an
almost unbelievable 156 TONS, 312,.346 pounds of toxic pollutants,(Ref. 1).
Ref. 1 also quoted Macho president Dudley Gordon as _saying the comp-
any had out its toxic releasee 40%, but that increased production had
made the reduction "a wash" --basically stating that total pollution
had not decreased at all. An information sstiaet recent -.y distributed
by Macho (Ref. 2) states: "--Macho expecte to be• able to reduce
daily fugitive solvent evaporation to about 50 gallons." (Underlining
is mine) Assuming the toxic pollution -to about equally divided be-
tween the two pollutants released (Toluene and Methyl Ethyl Ketone,
known as MEK), this amounts to about 126,500 pounds yearly, which Is
over 63 tons; Since pollution control is expensive, it is obviously
advantageous to the polluter to do as little pollution control as
they can. My experience with Phoenix industry was that cleanup pro-
jections were rarely,_if ever, met. It was always a case of "We
will try to do better next year", or "Reducing pollutants will be
too expensive. We would just have to cease production, with atten-
dant lose of jobs and tax revenues. You don't want that, do you.?",
etc. EPA threats and industry promises just seem to go on forever.
To put the toxicity of these solvents in perspective: the toxicity
rating of MEK is 3 (Moderately toxic), and the toxicity rating for
Toluene is 4 (Very toxic). If ingested, the probable lethal dose
for a 150# person is "Between one ounce and one pint" Por a rating
of 3 (MEK), and "Between one teaspoon and one ounce" for a rating
of 4 (Toluene). These toxicity data per Ref. 3.
The Ref. 4 Fact Sheet tells us the following about MEK:
"The chemical should be handled as a teratogen --with extreme caution."
(A teratogen is a substance that causes birth defects by damaging
the fetus).
"Repeated exposures, along with other solvents, can damage the
nervous system."
"The liquid can severely burn the eyes and may irritate the skin."
And a few items from Ref. 5 Fact Sheet on Toluene:
"Cancer Hazard: Toluene may cause -mutations (genetic changes) in liv=
Ing cells. Whether or not it poses a cancer hazard needs further study."
"It may damage -the developing fetus."
"Toluenecan_ ffect_,you when breathed in and by passing through the skin."
"Repeated exposures can damage bone marrow causing low blood cell count.
It can also -damage the liver and kidneys."
%th•---solvents are- limited by --OSHA, =The_ legal _airborne. exposure limit -.(PEL)
is_ 20QrPm:1dFx'ts parsllan) avaged-aver-an--S-houry�workshif t (Toluene)
and over a:0 :hour_-workahift for K- Ref, 4
note that the evaporation quantity ofttheme solventslMaehot toiexpeats"nteresti,1g63o
tons yearly,- would pollute 315,000 tone of air yearly to OSHA's 200 ppm
limit;
32
Another -concern which should be objectively addressed is aquifer pollu-
tion. MEK is soluble in water. When handling these massive quantities,
my judgment based on experience is that spills are inevitable. Even
with the best -intentioned management and workforce, these things happen.
With our permeable Florida soil and high groundwater table, it seems
logical that aquifer pollution could occur very easily.
Does Indian River county need the "tax base" this desperately? Would we
benefit enough to justify the pollution our presently clean air would
suffer from Brevard' s worst polluter?'.. I personally think not, and would
hope that you, as our representatives, would act forcefully to prevent
this tragic incursion.
Let's insist on clean industry,
ater clean a d pure;
1 /,
J. E. KINSOLVING �67 Cross Creek
and keep Indian River county's air and
Circle, Sebastian, 32958 (407)589-3022
1\
REFERENCES:
1. Press -Journal: Macho's Move Means Pollution Control Plans, 7-26-192
2. Undated sheet: Summary for Macho Products, Inc.
3. Gosselin, Smith, Hodge: Clinical Toxicology, of Commercial Products
Fifth Ed. 1984, Williams & Wilkins, Baltimore, Md.
4. New Jersey Department of Health: _Hazardous Substance Fact Sheet
CAS #78-93-3, DOT #UN 1193 _ --
5. New Jersey Department of Health: Hazardous Substance Fact Sheet
CAS #108-88-3, DOT ,#"UN 1294
Mr. Otero added that any amount of emissions are unacceptable,
especially so close to the school. He reported that 1000 people
from North County had signed petitions opposing the new facility.
COPIES OF PETITIONS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
Mr. Otero then quoted from the following articles and
hazardous substances fact sheets:
33
JAN 121993 boox 88 r, -,u-507
JAN 12 1993
BOOK 88 FADE 519.8
Cleaner processes, new chemicals help firms
By Wevoaneda Minis
FLORIDA TODAY
Brevard firms cut toxic emis-
sions by 30 percent within a year,
according to the Florida Depart-
ment
epartment of Community Affairs.
"We have been encouraged by
a downward trend In chemicals
being emitted to the air, land and
water," said Carl Terry, an Envi-
ronmental Protection Agency
spokesman in Atlanta. "We are
encouraging all companies that
process these chemicals to seek
reductions."
The agency's education blitz
since 1988 and establishment of a
cut pollution
practices accounted for most
emission reductions it Brevard
plants. But In some Instances,
companies substituted less-pollut-
Ing chemicals In their manufac-
turing processes.
qP—Countywlde,-four of thi"Ilve
Itop toxic -chemical polluters cut
e
Vthelr missiohs. Only Macho
Products of Palm Bay, a man-
rufacturer of protective gear forA
is martial arts practice, Increased
i,emissions. Macho replaced Sea
"Ray Boats as the county's No. 1
polluter. ) ..
Macho, Sea Ray Boats on
ENVIRONMENT
pollution prevention office to
work with Industry for voluntary
pollution reduction appear to be
paying off, Terry said.
Emission reductions are ex-
pected from firms that released
20,1100 pounds or more of any
chemical listed in the Superfund
Amendments unit Reauthorizd-
tion Act of 1988.
In 1991, the last year for which
state figures are available, Bre-
vard plants discharged 911,484
pounds of chemicals Into the air,
land and water. Federal figures
will be released lin 1993.
Ideally, the companies reduce
emissions by adopting cleaner
manufacturing- practices, Terry
said. "What we would like to see
Is pollution prevention."
Recently, Harris Corp. of Mel
bourne and Palm Bay and Mc --1
Donnell Douglas of Titusville
announced they have Joined al
voluntary EPA program to cut i
current emissions --one-third by
Dec. 31, and in halt by Dec. 31,'
1999. The program targhts emis. t
sions of the 17 most worrisome,
often carcinogenic, chemicals.
Tightened manulatturing
Merritt Island, Advanced Quick -
Circuits in Melbourne, Harris Corp.
and McDonnell Douglas relPgsed 74
percent of the toxic chemicals
emitted In the county, according to
data from the state Department of
Community Affairs.
i ( Macho Products emitted 321,800
pounds of toxic chemicals in 1991;•
X increasing its emissions by 9,254
pounds over 1990.) -
( Richard Hathaway, Macho's sys-
tems' manager, said nc. eased pro-
duction accounts for the increase in
emissions. )
What the figures don't show,
Hathaway said, is that the company
has cut the amount of emissions
produced per article manufactured.
"We've been able to hold the line
on emissions by using less solvent
per unit." Hathaway 'said. The
company has found water-based
substitutes for some solvents —
particularly those It uses to apply
finishes to its products.
Macho plans to further reduce
Its emissions, Hathaway said.
i The company plans to do that by
building a factory capable of cap-
turing and destroying toxic emis-
sions during manufacturing,
Hathaway said. They are looking at
potential- sites in Brevard and
Indian River counties
COMMON NAME: TOLUENE
CAS NUMBER: - - 108-88-3 DOT NUMBER: UN 1294
HAZARD SUMMARY
Toluene can affect you when breathed in. to feel dizzy, lightheaded, and to pass
and by passing through your skin. out. Death can occur.
Toluene may cause mutations. Handle * Repeated exposures can damage bone mar -
with extreme caution, row causing low blood cell count. It
It may damage the developing fetus. can also damage the liver and kidneys.
Toluene is a FLAMMABLE LIQUID and a * Toluene can cause slowed reflexes,
FIRE HAZARD. trouble concentrating, and headaches.
Exposure can irritate the nose, throat, * Prolonged contact can cause a skin
and eyes. Higher levels can cause you rash.
34
IDENTIFICATION
To uene is a colorless liquid with a
sweet pungent odor. It is used as a sol-
vent and in aviation gasoline, making
other chemicals, perfumes, medicines,
dyes, explosives, and detergents.
REASON FOR CITATION
* Toluene is on the Workplace Hazardous
Substance List because it is regulated
by OSHA and cited by ACGIH, DOT, NIOSH,
NFPA and other authorities.
* This chemical is on the Special Health
'Hazard Substance List because it is
FLAMMABLE.
* Definitions are provided on page 5.
WORKPLACE EXPOSURE LIMITS
OSHA: The legal airborne permissible
exposure limit (PEL) is 200 ppm
averaged over an 8 -hour workshift
and 300 ppm, not to be exceeded
during any 15 minute work period
and a maximum peak concentration
of 500 ppm.
NIOSH: The recommended airborne exposure
limit is 100 ppm averaged over an
8 -hour workshift and 200 ppm, not
to be exceeded during any 10 min-
ute work period.
* The above exposure limits are foriar
levels only.
* Toluene may cause mutations. All con-
tact with this chemical should be re-
duced to the lowest possible level.
HOW TO DETERMINE IF YOU ARE
BEING EXPOSED
* Exposure to hazardous substances should
be routinely evaluated. This may in-
clude collecting air samples. Under
OSHA 1910.20, you have a legal right to
obtain copies of sampling results from
your employer.,. If you think you are
experiencing any work-related health
problems, see a doctor trained to rec-
ognize occupational diseases. Take
this Fact Sheet with you.
* ODOR THRESHOLD m 2.9 ppm.
* The odor threshold only serves as a
warming of exposure. Not smelling it
does not mean you are not being ex-
posed.
WAYS OF REDUCING EXPOSURE
* Where possible, enclose operations and
use local exhaust ventilation at the
site of chemis:al release. If local ex-
haust ventilation or enclosure is not
used, respirators should be worn.
* Wear protective work clothing.
* Wash thoroughly immediately after expo-
sure to Toluene and at the end of the
workshift.
* Post hazard and warning' information in
the work area. In addition, as part of
an ongoing education and training ef-
fort, communicate all information on
the health and safety hazards of
Toluene to potentially exposed workers.
35
AN 121993
This Fact Sheet is a summary source of
Information for workers, employers, and
community residents. Health professionals
may also find it useful. If this sub-
stance is part of a mixture, this Fact
Sheet should be used along with the
manufacturer -supplied Material Safety Data
Sheet (MSDS).
HEALTH HAZARD INFORMATION
Acute Health Effects
The— -following *+acute—Yshort health
effects may occur immediately or shortly
after exposure to Toluene:
* Exposure can - irritate- the -nose; throat,
Y6'and eyes" Higher levels can cause you
to feel dizzy, lightheaded, and to pass
out.' Death can occur:°
* Lower levels may cause trouble concen-
trating, --- headaches ,-Mr and "Ps lowed '"°pre-
..Tr.flexes',
Chronic Health Effects
The following chronic (long-term) health
effects can occur at some time after expo-
sure to Toluene and can last for months or
years:
Cancer Hazard
* Toluene- may cause mutations (genetic
-changes)-in living 'cells.—Whether or
not it poses a cancer hazard-nesds-fur-
•ther study:
Reproductive Hazard•
* Toluene may damage the -developing -fe-
tus .-
Other Long -Term Effects
* Repeated exposure may damage bons- mar -
,row, causing low blood cell count:
* Prolonged contact can cause drying -.and
cracking of the skin, and -a --rash.
* Repeated -Toluene exposure' can cause
,headaches, lose of appetite,-- nausea,
and liver and kidney. damage, .and .may
cause brain damage.,
MEDICAL TESTING
For those with frequent or potentially
high exposure (half the TLV or greater, or
significant skin contact), the following
is recommended before beginning work and
at regular times after that:
* Urinary Hippuric acid excretion (at the
end of shift) as an index of overexpo-
sure.
If symptoms develop or overexposure is
suspected, the following may be useful:
* Exam of the nervous system.
* Liver and kidney function tests, and
evaluation for renal tubular acidosis.
* Complete blood count.
BOOK 88 F,0. r �i J
JAGS 12 1993
Any evaluation should include a careful
history of past and present symptoms with
an exam. Medical tests that look for dam-
age already done are gqs-, a substitute for
controlling exposure.
Request copies of your medical testing.
You have a legal right to this information
under OSHA 1910.20.
WORKPLACE CONTROLS AND PRACTICES -
Unless a less toxic chemical can be sub-
stituted for a hazardous substance, ENGI-
NEERING CONTROLS are the most effective
way of reducing exposure. The best pro-
tection is to enclose operations and/or
provide local exhaust ventilation at the
site of chemical release. Isolating oper-
ations can also reduce exposure. Using
respirators or protective equipment is
less effective than the controls mentioned
above, but is sometimes necessary.
In evaluating the controls present in your
workplace, consider: (1) how hazardous the
substance is, (2) how much of the sub-
stance is released into the workplace, and
(3) whether harmful skin or eye contact
could occur. Special controls should be
in place for highly toxic chemicals or
when significant skin, eye, or breathing
exposures are possible.
In addition, the following controls are
recommended:
* Where possible, automatically pump liq-
uid Toluene from drums or other storage
,containers to process containers.
* Specific engineering controls are rec-
ommended for -this chemical by NIOSH.
BOOK 88 PACE510
Common Name: TOLUENE
DOT Number: UN 1294
NFPA Flammability.: 3
NFPA Reactivity: 0
FIRE HAZARDS _.
* Toluene is a FLAMMABLE LIQUID.
* CONTAINERS MAY EiPLODE IN FIRE.
POISONOUS GAS IS PRODUCED 41 FIRE.
* Use dry chemical, CO21 or foam extin-
guishers.
* Vapors may travel to a source of igni-
tion and flash back.
* If employees are expected to fight
fires, they must be trained and
equipped as stated in OSHA 1910.156.
SPILLS AND EMERGENCIES
If Toluene is spilled or leaked, take the
following steps:
* Restrict persons not wearing protective
equipment from area of spill or leak
until clean-up is complete.
* Remove all ignition sources.
* Ventilate area of spill or leak.
* Absorb liquids in vermiculite, dry
sand, earth, or a similar material and
deposit in sealed containers.
* Keep Toluene out of a confined space,
such as a sewer, because of the possi-
bility of an explosion, unless the
sewer is designed to prevent the build-
up of explosive concentrations.
* It may be necessary to contain and dis-
pose of Toluene as a HAZARDOUS WASTE.
Contact the NJ 'Department of Environ-
mental Protection (DEP) or your re-
gional office of the federal Environ-
mental Protection Agency (EPA) for spe-
cific recommendations.
FOR LARGE SPILLS AND FIRES immediately
call your local fire department. You can
also request emergency information from
the following:
DEP HOTLINE: (609).292-7172
CHEMTREC: (800) 424-9300
Not intended to be copied and sold for commercial purposes..
New Jersey Deportment of HeaNh
Da
CN 3" TrOrftn, NJ 08625 te P►�Pa►�d: May 1986
(609) 946.2202 ReWslom ass- i •
ALM •4
36
IWAV A
Rio
COMMON NAME: METHYL ETHYL KETONE
CAS NUMBER: 78-93-3 DOT NUMBER: UN 1193
HAZARD SUMMARY
* Methyl Ethyl Ketone can affect you when
breathed in and by passing through your
skin.
* The chemical should be handled as a
teratogen --with extreme caution.
* Exposure can cause dizziness, headache,
blurred vision, and cause you to pass
out. Repeated exposures, along with
IDENTIFICATION
Methyl Ethyl Ketone is a clear colorless
liquid with a fragrant, mint -like, odor.
It is used as a solvent and in making
plastics, textiles, and paint.
REASON FOR CITATION
* Methyl Ethyl Ketone is on the Workplace
Hazardous Substance List because it is
regulated by OSHA.
* Definitions are provided at the end of
this Fact Sheet.
WORKPLACE EXPOSURE LIMITS
OSHA: The legal -airborne permissible
exposure limit (PEL) is 200 ppm
averaged over an 8 -hour work -
shift.
NIOSH: The recommended airborne exposure
limit is 200 ppm averaged over an
10 -hour workshift.
ACGIH: The recommended airborne exposure
limit is 100 ppm averaged over an
8 -hour workshift and 300 ppm as a
STEL (short term exposure limit).
* The above exposure limits are for aaU
levels only. When skin contact also oc-
curs, you may be overexposed, even
though air levels are less than the
limits listed above.
* Methyl Ethyl Ketone may be a teratogen.
All contact with this chemical should
be reduced to- the lowest possible
level.
HOW TO DETERMINE IF YOU ARE
BEING EXPOSED``
Exposure to hazardous substances should
be routinely evaluated. This may in-
clude collecting air samples. Under
OSHA 1910.20, you have a legal right to
obtain copies of sampling results from
you employer. If you think ybu are ex-
periencing any work-related health
problems, see a doctor trained to rec-
ognize occupational diseases. Take
this Fact Sheet with you.
ODOR THRESHOLD - 5.4 ppm.
The odor threshold only serves as a
warning of exposure. Not smelling it
does not mean you ake not being ex-
posed.
other solvents, can damage the nervous
system.
* The liquid can severely burn the eyes
and may irritate the skin. Repeated ex-
posure can cause drying and cracking of
the skin. The vapor can irritate the
eyes, nose, mouth, and throat.
* It is a FLAMMABLE LIQUID.
WAYS OF REDUCING EXPOSURE
* Where.possible, enclose operations and
use local exhaust ventilation at the
site of chemical release. If local ex-
haust ventilation or enclosure is not
used, respirators should be worn.
* Wear protective work clothing.
* Wash thoroughly immediately after expo-
sure to Methyl Ethyl Ketone.
* Post hazard and warning information in
the work area. In addition, as part of
an ongoing education and training ef-
fort, communicate all information on
.the health and safety hazards of Methyl
Ethyl Ketone to potentially exposed
workers.
This Fact Sheet is a summary source of
information for workers, employers, and
community residents. Health professionals
may also find it useful. If this sub-
stance is part of a mixture, this Fact
Sheet should be used along with the
manufacturer -supplied Material Safety Data
Sheet (MSDS).
HEALTB HAZARD INFORMATION
Acute Health Effects
The following acute (short-term) health
effects map occur immediately or shortly
after exposure to Methyl Ethyl Ketone:
e Contact mar irritate the skin, causing
z rash or burning feeling.
The liquid can severely burn the eyes,
leading to permanent damage.
�i Exposure to the vapor can- irritate the
eves, nose, mouth, and throat.
t Exposure to high concentrations can
cause dizziness, lightheadedness, head -
acne, nausea, and blurred vision.
Higher levels may cause you to pass
out.
Chronic Health Effects
The following chronic (long-term) health
effects can occur at some time after expo-
sure and can last for months or years:
37
� � 19193
NBOOK
A
r JAN 121993
Reproductive Hazard
t There is limited evidence that Methyl
Ethyl &atone is a teratogen in animals.
Until 'further testing. -has beefi.done, it
should be treated as a possible
.teratogen in humans.
Other Long -Term Effects
* Repeated exposure, in conjunction with
certain other solvents, can damage the
nervous system, causing numbness and
weakness in the hands and feet.
* Long-term skin exposure can cause dry-
=mZ-Jng and _cracking of ; the akin.:
MEDICAL TESTING
If symptoms develop, or overexposure is
suspected, exam of the nervous system is
recommended. Special tests for nerve
damage called nerve conduction studies,
may be useful.
Any evaluation should include a careful
history of past and present symptoms with
an exam. Medical tests that look for dam-
age already done are = a substitute for
controlling exposure.
Request copies of your medical testing.
You have a legal right to this information
under OSHA 1910.20.
BOOK 88 Piu512
WORKPLACE CONTROLS AND PRACTICES
Unless a less toxic chemical can be sub-
stituted for a hazardous substance, ENGI-
NEERING CONTROLS are the most effective
way of reducing exposure. The best protec-
tion is enclosing operations and/or pro-
viding local exhaust ventilation at the
site of chemical release. Isolating opera-
tions can also reduce exposure. Using res-
pirators or protective equipment is less
effective than the controls mentioned
above, but is sometimes necessary.
In evaluating the controls present in your
workplace, consider: (1) how hazardous the
substance is; (2) how much of the sub-
stance is released into the workplace, and
(3) whether harmful skin or eye contact
could occur. Better controls should be in
place for highly toxic chemicals or when
significant skin, eye, or breathing expo-
sures are possible.
In addition. the following controls are
recommended:
* Where possible, automatically pump liq-
uid Methyl Ethyl Ketone from drums or
other storage containers to process
containers.
* Specific engineering controls are rec-
ommended for this chemical by NIOSH.
Refer to the NIOSH criteria document:
Ketones # 78-173.
Mr. Otero concluded by stating that he lived in New Jersey as
a young child when the Exxon plant blew up, proof that accidents
can and do happen.
Charles Hart, resident of Roseland, discussed the following
letter dated December 22, 1992:
December 22, 1992
Board of County Commissioners
1840 25th Street
Vero Beach, FL 32960
We are members of a local chapter of the National Campers
and Hikers Association. As an environmentally concerned
group, we voice our objections regarding Macho Products move
to North Indian River County.
e Ina news item in Florida TodAX, dated November 21, 19929
Macho Products was listed as the number one polluter in
Brevard County, emitting 321,600 pounds of toxic pollutants
in 1991.
Macho's plan to build a 40,000 square foot plant proximal to
the North County Middle School, the future high school, and
the Vero Lake Estates residential subdivision, gives us
great concern for the well being of the school'students and
families in the nearby communities.
38
e In recent news releases regarding this move, Macho
representatives have stated that they plan to reduce their
toxic emissions. However, nothing has been said about
eliminating said pollution. We as a group feel strongly that
toxic pollution in any amount is unacceptable. We are not
opposed to. new clean industry moving to Indian River County.
We are opposed to industry that threatens to pollute our
clean air.
Respectfully submitted,
Charles A. Hart, President
National Chapter #3865
National Campers and Hikers Assoc.
Mr. Hart felt that Macho Products did not care about the
quality of Florida air and the health of Palm Bay. During a tour
of the Palm Bay plant, which he requested in order to become more
informed, he found no attempt to capture vapors. He felt light-
headed and anxious in the area where products were dipped and asked
to be taken to another area of the plant. Although he realizes the
new plant will result in lower levels of toxic emissions, he is not
convinced the level will be acceptable. When production increases,
emissions will also increase, and he is worried about the effect
this will have on school students and residents of Vero Lake
Estates. He did not think comparing the emissions to gasoline was
a good argument because a new hazard will be introduced into the
community. He -was also concerned about future maintenance and
wondered if the company will resist the temptation to continue
production if the incinerator has to be shut down for maintenance.
Mr. Evans quoted the following disclaimer from the manufacturer of
the chemicals in a document presented by Mr. Evans in a meeting
with Commissioner Adams:
The information in this document is believed to be
correct as of the date issued; however, no warranty ... is
expressed or implied regarding the accuracy or completeness of
this information, the results to be obtained from the use of
this product, the safety of this product, or the hazards
related to it.
Mr. Evans believed that permits just give Macho the right to
pollute the 2&ir and hoped this will not be the case in Indian River
County. He does not believe the agencies that are supposed to be
helping us can keep up with the polluters because they are
understaffed.
Debra Curbow, 1080 Evernia Street, Sebastian, remarked that
her son has Hodgkins disease and doctors are trying to determine if
his condition is related to the General Development water. Her
concern is that Macho cannot guarantee the emissions will not cause
similar problems in children.
39
BOOK
�1 A �! � 2 i 993 �� Far,F �.�.3
r J A N i Q BOOK 88 NVF 514
Al Vilardi, 445 Georgia Boulevard, Sebastian, was opposed to
the new facility because Macho is the biggest polluter in Brevard ,
County. He contended that they should have purchased an
incinerator and then moved it to the new facility. He added that
the County recently passed a referendum to buy $26 million worth of
environmentally sensitive land, part of which would be adjacent to
Macho, and it did not make sense to him to build this.. facility next
door to that land. Mr. Vilardi did not believe Macho when they
said the metal is rustproof, and- did not understand how the
Planning & Zoning Commission can approve the plant without spec
sheets. He questioned whether the compounds would be properly
processed if more air was forced through the incinerator than the
incinerator could handle. Finally, Mr. Vilardi expressed concern
for wildlife and birds in the area, especially since the chemicals
are heavier than air and will settle on the ground, trees and water
surfaces.
Wayne Henderson, 1120 SR -507, Fellsmere, asked if any studies
have been done about the long-term effect of these chemicals on
birds, cattle, fish and game, especially since the chemicals are
heavier than air and will settle on the ground, trees and water
surfaces.
Jim Shields, 1134 Spanish Lakes Lane, was quite concerned
about the pollution. He reported that he has a chemistry degree,
has worked in industrial plants in Chicago, and currently is
involved in pollution research at Vara International. He knows
from his experience that the solvents do not disappear when they go
into the air, and mentioned Silicon Valley where the solvents
ended up on the ground surface, making it necessary to flood the
affected areas with water in order to dilute the pollutants to
less -harmful levels. Mr. Shields wanted Macho to look at other
alternatives to using these solvents.
Stan Fronczek, president of the Vero Lake Estates Homeowners,
Association, urged the Board not to allow the pollution to start.
Cheryl Sterk, 709 Doctor Avenue, expressed a great deal of
concern about flammability and reported that a Vero Lake Estates
Volunteer Fireman told her they do not have the necessary equipment
to handle a chemical fire. She added that her husband wanted to
know if the County will monitor water quality in the area.
Commissioner Eggert commented that the Indian River County
Fire Department is equipped to handle chemical fires.
M
Sharon Anderson, 9336 126th Avenue, Fellsmere, indicated that
she recently built her home 1-1/2 miles from the proposed plant and
plans to be there at least 30 years. Therefore, she is worried
about the long-term effect of these chemicals.
The Chairman closed the public discussion.
Commissioner Eggert felt that it is important for the FDER to
receive all of the information presented during this public
discussion.
Commissioner Adams agreed and thought the County should watch
closely how the FDER monitors this process. She did not think the
County has any other legal standing at this point.
MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Eggert to forward the information and
concerns presented during this public discussion to
the Orlando FDER office.
Under discussion, Commissioner Macht stated that monitoring
the process was one of the first things he thought about when he
saw the proposal. He asked if there is anything in law or anything
in procedure that would prevent the County government, on
reasonable suspicion of non-compliance, from notifying the FDER,
and if they are unwilling or unable to act in a timely manner, to
contract with a qualified expert to take an air sample and then
shut the plant down if it were found to be in non-compliance.
Attorney Vitunac advised that the FDER has not pre-empted the
field, and Chapter 403 specifically encourages local programs as
long as they are consistent with the FDER's program. The County
can develop a program and have it approved by the FDER. In
addition, Mike Gilanis of Environmental Control here in the Vero
Beach office can offer some expertise. Even though they do not
currently do air enforcement, if a program were developed, 'they
could probably insert it into their system.
Commistioner Adams recommended that the County could cover all
industries with such a program, and not just this one, and
Commissioner Eggert agreed.
Commissioner Macht thought the County should investigate what
authority it has in these matters and set up such a program,
because anything could happen, including problems with petroleum
distillates from various sources.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
41
�. ���� ROOK
J
r AN 9 1001
BOOK 88 PvF 51-6
PUBLIC HEARINGS- AN ORDINANCE OF IRC, FLORIDA. MAKING AN EDITORIAL
REMOVAL OF CHAPTER 4-112 CABLE TELEVISION (1974 CODE) AND NOTING
THAT IN CHAPTER 211 CABLE TELEVISION (1990 CODE).
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 -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a 4kA
-
"/
, TThe Board of NOTICE r
ry Cwrerdsstors of
ty Florid hereby
in the matter Of G ..IL 61r
� �'?l" �L _
Public H rodw of a
earirg scheduled for 9;05 a,m, on Today,
January 12, 1993, to disgWs the folowbg pros
Posed ordinance entitled: L- r
AN ORDINANCE OF INDIAN RIVER COON-
'—
TY, FLORIDA MAKING AN EDITORIAL RE-
MOVAL OF CHAPTER 4 112 CABLE TELE-
in the Court, was ub-
P
VISION (1974 CODE) AND NOTING THAT r
IN CHAPTER 211 CABLE TELEVISION
(1990 CODE).
sAnyone
lashed in said newspaper in the Issues Z?�L' l �l�`'
of �iCC`� 1 -s
who wish ro al '
be made
r co the pubk adverb m�, red January 1o2r,
the Proceedings Is made. which includes testimony
and evidence WW which based.
Anyonrte �who needs es ectal a Uon for
tWs pf A � to Cin aAmericans
with Disab ties
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
ct (ADA) Coordinator at 557-8000
Md. 408 at least 48 imurs In advance of meettng.
Dec. 19,1992
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
- -"— 959885
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 co0porati6n any discount, rebate, commission or refund for the
purpose of securing this
advertisement for publication in the said newspaper./
Sworn to ��
and subscribed before me•thisy%�^� day of/L= ""D. 19 zi!
4 Vit• r . �.' f �•�+ :t •`�. j
(; (Business Manager)
/
(SEAL)
e7
42
The Board reviewed the following memo dated December 2, 1992:
TO: Board of County Commissioners
r �
FROM: Terrence P. O'Brien - Assistant County Attorney-lit
ttorneyt
DATE: December 2, 1992
SUBJECT: PROPOSED ORDINANCE ENTITLED:
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA
MAKING AN EDITORIAL REMOVAL OF CHAPTER 4 1/2
CABLE TELEVISION (1974 CODE) AND NOTING THAT IN
CHAPTER 211 CABLE TELEVISION (1990 CODE) .
A public hearing date of January 12, 1993 is suggested for the subject
ordinance.
Attorney Vitunac explained that this is just an editorial
transfer to the new Code without printing the entire Chapter,
because staff knows it is going to be rewritten when Congress
adopts the new rules in April.
Commissioner Macht mentioned that some representatives at the
American Association of Retired Persons (AARP) asked him to gather
information on the new Cable -TV rules and regulations and perhaps
determine what will happen when the new legislation is fully
implemented. In response to their request, Commissioner Macht put
together a packet of information and informed the AARP
representatives that he would ask the Commission to place this item
on the agenda for discussion. He thought perhaps the Chairman
could be authorized to write a letter to the local franchises (TCE
Cable and Falcon Cable) asking them to rescind their recent
increases, which were undoubtedly pushed through before the new
regulations take effect. He will be bringing this item to the
Board for discussion in the near future.
The Chairman opened the public hearing and asked if anyone
wished to b6 -heard in this matter. There being none, he closed the
public hearing..
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously adopted
Ordinance 93-4, making an editorial removal of
Chapter 4-1/2 Cable Television (1974 Code). and
noting that in Chapter 211 Cable Television (1990
code)
43
LJA
_N 19BOOK S' FA JE 51
F' -JAN 1 ?, IP -0111
ORDINANCE 93- 4
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, MAKING AN EDITORIAL REMOVAL OF
CHAPTER 4 1/2 CABLE TELEVISION (1974 CODE)
AND NOTING THAT IN CHAPTER 211 CABLE
TELEVISION (1990 CODE) .
BOOK 88 PA;F 518 -7
WHEREAS, the County is in the process of updating its
1974 code by a new 1990 edition, and
WHEREAS, the updating process has resulted in a niR Ver of
changes when the old chapters were incorporated in the new code, and
WHEREAS, there are only two outstanding CATV franchises
under Chapter 4 1/2 and there has been recent significant federal
legislature in this field which is yet to be fully implemented, and
WHEREAS, codification in the 1990 code as this time would
be premature, and
WHEREAS, orderly administration dictates the removal of
Chapter 4-1/2 from the 1974 code and having that so noted in the
1990 code,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
that:
SECTION 1. EDITORIAL REMOVAL.
Chapter 4 1/2 Cable Television of the 1974 edition of the
Indian River County Code is hereby editorially removed from the 1974
edition of the code.
SECTION 2. ORDINANCES REMAIN IN EFFECT.
The following ordinances which govern CATV shall remain
in effect._
Ord. No. 82-7
Ord. No. 82-23
Ord. No. 85-23
Ord. No. 90-8
Ord. No. 90-12
SECTION 3. CODIFICATION.
T
In the ' new code (1990 edition) a new chapter shall be
added to read as follows:
44
Chapter 211 - Cablevision.
Until such time as new regulations are enacted to reflect
recent federal laws and regulations the following ordinances shall
govern CATV but shall not be codified in the 1990 code.
Ord. No. 82-7
Ord. No. 82-23
Ord. No. 85-23
Ord. No. 90-8
Ord. No. 90-12
SECTION 4. 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
12
day of
January , 1993.
This ordinance was advertised in the Vero Beach Press -
Journal on the 19 day of December , 1992, for a public hearing to
be held on
the' 13 day
of January , 1993, and
at the hearing it
was moved
for adoption
by Commissioner Eggert
and the
motion was
seconded by
Commissioner Macht
; and, adopted
by the following vote:
SAmni ssi onerCarolyn K. Eggert
Commissioner Richard N. Bird
Commissioner Fran B. Adams
Commissioner Kenneth R. Macht
Commissioner John W. Tippin
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest':
By
Jeffrey K.-- Barton Richard N. Bird
Cle-1- ° Chairman
Br:
Acknowledgment by the Department of State of the State of Florida,
this 25 day of January , 1993.
Effective date: Acknowledgment for the Department of .State received
on this 29 day of January , 1993, at 10:00 a.m./Vxxx and filed
in the Office of the Clerk of the Board of County Commissioners of
Indian River County, Florida.
45
JAS 121993 900K 88 P,+.cE 519
I JAN 12, 193
r e"
—7
BOOK 88 PAGE 522
PUBLIC BEARING; — IRC UTILITY SERVICES REQUEST FOR SPECIAL EXCEPTION
USE APPROVAL TO CONSTRUCT A NORTH COUNTY REGIONAL REVERSE OSMOSIS
WATER TREATMENT PLANT
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
CZ// - -, /
a
C
In the // Court, was pub-
lished in said newspaper In the issues
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed bef nrA me is At ay
E i(Bihlners Manager)
(SEAL)
r
x"T PA*, sme of taarfdp
OFCondidao froft Am 2p, I
FAIRGROUNDS >
41
Site. :k:lrlua N
NOTICE OF PUBLIC HEMING
Notice of haft to oormwer the grmtirg of ape•
dd ezaepdon a= far a ffeawy Ulllihr ( .
eO�anm�yoyab watery �. � �Ra bca ee b
seotfm 32,•TowW* 31S md-Rmge ME. S■a.era
above mmaepp for tihe bratlon.
A ;= heerYg st whkh pard a In htmtat and
mid, P s Mal trews an appo"U* to be heard. WE
be held by the Board I Cambay comnlsdmers of
h4 boated at taro 25th Street. Vero t OW4 rhor-
Me an Tuesday, Jarawy 12,1093 at 9:05 a.m.
krions who may wish to erry tteddorh
which may be rnatb ab ttds rtr t8 . need to et
etre brat a wobatin record of the proceedrgs b
made. which inthrdest teaft.0lr and OWN= UPM
uuwnrtm nr aof-ouw+ nw+v
19 HOURS. N ADVANCE OF THF MEET• .._ -
Na"
LIM
Board of Conrrdssionem
aY4,Cardyn K Eggert Chaim m 958524
Deo. 18.1992
MY
Planning Director Stan Boling presented the following memo
dated December 16, 1992:
46
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
Robert M. Keat pm , A
Director
Community Devel en
/�6
THROUGH: Stan Boling, AICP
Planning Director
FROM: John W. McCoy, AICP -41k
Senior Planner, Current Development
DATE: December 16, 1992
SUBJECT: Indian River County Department of Utility Services
Request for Special Exception use approval to Construct
a North County Regional Reverse Osmosis Water Treatment
Plant
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of January 12, 1993.
PROPOSED DEVELOPMENT AND LOCATION:
•General Background
Camp, Dresser, is McKee, Inc. has submitted an application for
special exception and major site plan approval on behalf of Indian
River County to construct a north county regional reverse osmosis
water treatment plant. Construction is proposed to occur in two
phases.
The 9.53 acre project site is located at the northwest corner of
77th Street and 58th Avenue, and is zoned RS -3. According to the
county's land development regulations, a regional reverse osmosis
water treatment plant is considered a heavy public utility and
requires special exception use approval in the RS -3 zoning
district. Therefore, the Board of County Commissioners must grant
special exception use approval for the project to go forward.
Phase I improvements are to consist of driveway and parking
improvements with a pump station, water storage facility and
stormwater management facility. The water storage facility
consists �ft one 3.0 million gallon storage tank having a height of
±55 feet. Phase II improvements will include additional parking,
the actual water treatment plant facility, and a second 3.0 million
gallon (±55 foot high) water storage facility.
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.
47
L_ JA eooK 8 8 F.k 1,; F52"1
p
JAN 1 4?vio BOOK 8® P,v 5 92,
•Planning and Zoning Commission Action
At its December 10, 1992 meeting, the Planning and Zoning
Commission voted 6-0 to grant major site plan approval contingent
upon special exception use approval being granted by the Board of
-- County Commissioners. The Planning and Zoning Commission also
recommended that the Board of County Commissioners grant special
exception use approval for the proposed heavy utility use.
Therefore, if the Board grants the special exception use request,
then the project site plan approval will become effective.
SITE PLAN ANALYSIS:
1. Size of Area of Development:
Phase I: 12.89 acres
Phase II: #6.64 acres
Total Project Area: 19.53 acres
2. Zoning Classification: RS -3, Residential Single Family
District (up to 3 units per acre)
3. Land Use Designation: PUB, Public
4. Building Area: Phase I: 31336 sq. ft.
Phase II: 17,381 sq. ft.
Total: 201717 sq. ft.
5. Total Impervious: Phase I: 29,057 sq. ft.
Phase II: 70,218 sq. ft.
Total: 99,275 sq. ft.
6. Open Space: Required: 40%
Provided: 768*
*Note: This figure represents open space after Phase I and
Phase II are constructed.
7. Traffic Circulation: For Phase I, the site will be accessed
from 58th Avenue by a 24' wide two-way asphalt driveway.
Phase II construction will provide a looped driveway through
the site, with a second 24' wide two-way driveway connection
to 58th Avenue being provided at the project's northern
boundary. The traffic circulation layout has been approved by
the County Traffic Engineer.
B. Off -Street Parking: Phase I Provided: 5 spaces
Required: 5 spaces
Phase II Provided: 12 spaces
Required: 5 spaces
Total Provided: 17 spaces
Required: 10 spaces
9. Stormwater Management: The Stormwater Management Plan has
been approved by the Public Works Department, and a Type "A"
stormwater permit will be issued.
10. Landscape Plan: The landscape plan is in conformance with
Chapter 926 requirements, including a Type "C" buffer along
the south and east property lines as required by applicable
specific land use criteria.
48
M
11. Utilities: Phase I will be unmanned on a day to day basis and
will not require any utility services. Phase II will be a
manned facility and will be connected to county water and
sewer services. This arrangement for future connection has
been approved by the Indian River County Department of Utility
Services.
12. Environmental Concerns: The project site consists of 8.13
acres of native upland and 1.40 acres of wetlands, totalling
9.53 acres for the entire project area. Since the entire
project area is over 5 acres in size, the upland native
vegetation set aside requirement of LDR section 929.05
applies. The applicant will be preserving at build -out 1.35
acres or 16% of the 8.13 acres of native vegetation. This 16%
set aside area exceeds the county's 150 set aside area
requirement. Because the county cannot grant a conservation
easement to itself, no conservation easement can be required.
However, the required set aside area will be depicted on the
site planiand the approved site plan will be the controlling
document that will ensure preservation of the designated set
aside area.
The Phase I development will not impact any existing wetlands
on site; however, during Phase II construction approximately
1.21 acres of wetlands will be filled. The applicant can
proceed with Phase I construction without obtaining any
Jurisdictional agency or county wetland resource permit.
However, prior to site plan release for development of Phase
II, the applicant will need to obtain all required
Jurisdictional agency and wetlands resource permits for the
filling of the wetlands. The applicant has already applied
for these permits and is proposing to satisfy jurisdictional
agency and county mitigation requirements by performing off-
site mitigation work at the .Environmental Learning Center
site.
13. Dedications & Improvements: Both 77th Street and 58th Avenue
are listed on the County's Thoroughfare Plan. Additional
right-of-way will be required from this site for 77th Street
only, since additional right-of-way for 58th Avenue will come
from Hobart Park on the east side of 58th Avenue.
The Thoroughfare Plan lists 77th Street as a collector- roadway
which requires 80' of right-of-way. Since it is the County
Attorney's opinion that the county cannot dedicate property to
itself, the Utilities Department has agreed with the Public
Works Department to set aside 50' north of the existing 77th
Street roadway for additional 77th Street right-of-way. It is
the County Engineer's opinion that this additional area will
be sufficient to make the thoroughfare plan improvements to
77th Street. Thus, the proposed site plan accommodates right -
Of -wawwidths called -for in the Thoroughfare Plan and the
LDRs
Sidewalks are required improvements along the site's 77th
Street and 58th Avenue frontages. Required sidewalk
improvements may either be constructed in conjunction with a
project or be bonded-out/guaranteed for future construction.
The Department of Utility Services has committed in writing to
make provisions for a sidewalk along the project's 58th Avenue
frontage. The public works department has guaranteed the
construction of the required 77th Street sidewalk -improvements
and will provide said improvements during future 77th Street
roadway construction. Thus, all required sidewalk
improvements will either be constructed or guaranteed in
accordance with the county LDRs.
49
aooK 88 F,� c 593
SAN J2 1993 J
F JAN 121993
F524
4
14. Concurrency: Phase I (unmanned facility) will not require a
concurrency certificate, since it will have no measurable
negative impacts on concurrency related services. An initial
concurrency certificate has been issued for the Phase II
development. Therefore, all applicable concurrency
requirements have been satisfied.
15. Special.Exception Criteria: The following specific land use
criteria apply to heavy utility uses:
- __A. Any power generation facility shall be consistent with
the provisions of the Florida Electrical Power Plant
Siting Act, Chapter 23, Section 23.09191 F.S;
B. All below -ground high voltage cables within a utility
right-of-way shall be made known to the public through
the use of signs posted therein;
C. The disposal of all waste, gaseous, liquid or solid,
shall comply with all federal, state and -local laws;
D. Between all above -ground facilities, (except distribution
and collection facilities) and adjacent properties having
a residential land use designation, a Type "A" buffer
(reduce to "B" buffer where abutting a local roadway,
reduce to "C" buffer where abutting a Thoroughfare Plan
roadway) (with six-foot opaque screening) as specified in
Chapter 926, Landscaping shall be provided;
E. In all zoning districts except the industrial districts,
all equipment machinery, and facilities which cannot, by
their size or nature, be located within an enclosed
building shall be separated from adjacent properties
having a residential land use designation by a Type "D"
buffer (with six-foot opaque screening) as specified in
Chapter 926, Landscaping;
F. Driveways located in close proximity to adjacent
Properties having a residential land use designation
shall provide a six-foot opaque screening between the
driveway and adjacent property. An eight -foot opaque
screen may be required if deemed necessary to mitigate
noise and visual impacts.
The proposed plan satisfies all of the applicable specific
land use criteria.
16. Surrounding Land Use and Zoning:
North: Fairgrounds/A-1 (agriculture)
South: Vacant, SF Home/RS-3 (residential)
East: Hobart Park/A-1 (agriculture)
West: Vacant/A-1 (agriculture)
RECOMENDATION:
Based on the analysis performed, staff recommends that the Board of
County Commissioners grant special exception use approval for the
requested heavy utilities use (reverse osmosis water plant).
50
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
public hearing.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously granted
special exception use approval to construct a North
County regional reverse osmosis water plant, as
recommended by staff.
STATUS REPORT ON BEACH GRANT APPLICATION
Administrator Chandler reported that as a result of last
Thursday's special BCC meeting concerning beach preservation, staff
met last Friday to look at the requirements for filing an
application for a beach grant and learned that the Federal
government now requires the latest available data to be included
with the application. This would require a great deal of research
on the part of staff because County has not been involved in beach
preservation issues since 1987. Coastal Tech has the data
available and could put the application together within the
required time frame at a cost of between $500 and $1,500. Because
of the tight time frame, staff recommends that the Board .have
Coastal Tech prepare the application.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Adams to make available up to $1,500
for the County to have Coastal Tech to prepare the
application, as recommended by staff.
Under discussion, Administrator Chandler mentioned that the
Vero Beach City Council passed a motion that they had no objection
to the County applying for the funds but would want a referendum if
sand -pumping is involved.
Commissioner Adams asked, and Administrator Chandler
confirmed, -"that hiring Coastal -Tech to prepare the- application
would not commit the County to using them as a consultant in the
future.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
51
LAN 121993 5 2W5BOOK
rJAmIe)1001
6
BOOK 88 piu 526
MICHAEL 01HAIRE'S APPEAL OF THE PLANNING AND ZONING COMMISSIONiS
DECISION TO GRANT PRELIMINARY PLAT APPROVAL FOR SUNSET POINTE
SUBDIVISION
Planning Director Stan Boling presented the following memo
dated January 5, 1993:
TO: James E. Chandler
County Administrator
DIV SION HEAD CONCURRENCE:
Robert M. Keati ,
Community Developme Director
.APS.
.THROUGH: Stan Boling, AICP
Planning Director
FROM: John W. McCoy, AICD/1�
Senior Planner, Curfent Development
DATE: January 5, 1993
SUBJECT: Michael O'Haire's Appeal of the Planning and Zoning
Commission's Decision to Grant Preliminary Plat Approval
for Sunset Pointe Subdivision
It is requested that the data herein presented -be given formal
consideration by the Board of County Commissioners at its regular
meeting of January 12, 1993.
BACKGROUND
*Proposed Development
On. December 10, 1992, the Planning and Zoning Commission granted
preliminary plat approval with conditions for the Sunset Pointe
Subdivision (see attachment #8). Sunset Pointe is a proposed 7 lot
subdivision of a 5.64 acre parcel of land located on the barrier
island between, although not adjoining, the River Ridge Subdivision
and the Shorelands Subdivision. Mr. Jack. Krovocheck is the
developer and presently owns the Sunset Pointe tract and the
existing residence located on it. The residence will remain in
place but will not be included in the actual project plat area (see
attached graphics). The subject property runs from the Indian
River to S.R. A -1-A, and is zoned RS -3. As proposed, the
subdivision will have a density of 1.44 units per acre.
The project site has a small lagoon which extends into the subject
site from the Indian River. A portion of this lagoon has been
filled with the necessary approval of all jurisdictional
environmental agencies. Filling was done to create a better site
configuration for development as well as to enhance the
environmental characteristics of the lagoon.
Presently, there are "residential estate" tracts of land
immediately south and north of the proposed subdivision. The
existing lagoon separates the proposed subdivision from most of the
tract to the south, which contains the Luther residence. No
existing physical barrier separates the Sunset Pointe tract from
52
the _ tract to the north, which contains the residence of Michael
O'Haire. Mr. O'Haire, as an affected adjacent property owner, is
appealing the Planning and Zoning Commission's action that approved
Sunset Pointe as presently proposed and designed.
•Appeal
The Planning .and Zoning Commission's action allows the developer to
establish a new, local road right-of-way (Sunset Pointe Lane) that
abuts and runs parallel to the Krovocheck/O'Haire property
boundary, without requiring the developer to ensure that any future
development on the O'Haire tract would have access to the proposed
roadway. Mr. O'Haire's appeal asks that the Board of County
Commissioners, based upon certain county subdivision ordinance
requirements, alter the Planning and Zoning Commission's action and
require that the proposed roadway be established in a manner that
ensures that any possible future development of the O'Haire tract
would have access to the proposed roadway.
In the staff's report to the Planning and Zoning Commission (see
attachment 8), staff recommended that, based upon certain
subdivision ordinance regulations, the Planning and Zoning
Commission should require the developer either to grant access
rights for the possible future development of the O'Haire tract or
dedicate the proposed roadway -to the public. The staff's
recommended approval condition relating to access was as follows:
"That prior to approval of or via the final plat, the
applicant be required to either dedicate Sunset Pointe
Lane as a public road, or provide legal access rights for
the use of Sunset Pointe Lane for the future development
of the property immediately north of Sunset Point
Subdivision."
The Planning and Zoning Commission modified this condition to
require the applicant to negotiate with Mr. O'Haire regarding
access rights. As approved, the Planning and Zoning Commission's
condition provided that.,,if no agreement could be reached on access
rights, the roadway (Sunset Pointe Lane) would remain private and
no access rights for the O'Haire tract would be granted. The
condition approved by the Planning and Zoning Commission reads as
follows:
"That prior to approval of or via the final plat, the
applicant be required to provide legal access rights as
may be negotiated by.the property owners for the use of
Sunset Pointe Lane for'the future development of the
property immediately north of Sunset Pointe Subdivision,
if legal access rights _are not .negotiated it will be a
private road."
The appellant, Mr. O'Haire, believes that, in regards to road
access, the condition passed by the Planning and Zoning Commission
does not adequately provide for the proper future development of
the O'Haire tract.
The Board of County Commissioners is now to consider the appeal and
may modify or let stand the Planning and Zoning Commission's action
conditionally approving the Sunset Pointe preliminary plat.
W
L_ JAN J2 1993 aooK 88 F,�r 5?7
i
JAN
BOOK 88 PAI, F?8
ANALYSIS:
eAccess Requirements
-- The approved preliminary plat design provides access to the Sunset
Pointe lots by a private, 20' wide, local roadway which will
intersect at S.R. A -1-A, aligning with the roadway on the east side
Of A -1-A, Pelican Lane. The road alignment runs through the center
of the Sunset Pointe tract and then jogs north and'runs along the
northern property line, terminating in a cul-de-sac (see attachment
#3). The county public works department has apprWed the road
layout. -
In staff's opinion, its original access -related recommendation to
the Planning and Zoning Commission is authorized by section
913.09(3)(C)e (attachment 4) of the County's land development
regulations. That section states that roads:
"...deemed necessary to provide access to adjacent
properties shall be dedicated to the public unless
adequate legal provisions can be made to guarantee access
and use of the street system by area property owners."
Furthermore, Section 913.09(3)(C)2 (attachment 4), provides a
guideline for what roads should be "deemed necessary" to provide
access for adjacent properties. That section states that the
design and access characteristics of new subdivision roads must
Provide what is "...necessary to ensure a coordinated street
system ... to provide adequate access and circulation for future
development." Given the configuration of the proposed subdivision
and the surrounding properties, it is staff's position that Sunset
Pointe Lane is a road that is "dewed necessary" to provide access
for proper future development of the O'Haire tract.
Neither the developer nor the Planning and Zoning Commission is in
agreement with staff's interpretation of the subdivision ordinance
access requirements. Most Planning and Zoning Commission members
seemed to feel that the county should not force access rights to be
granted in the subject situation, since the O'Haire tract could be
developed with a new access point onto S.R. A -1-A. It is the
developer's position that, because the O'Haire tract already has
access and frontage on S.R. A -1-A, and because the adjacent
Property owner has been unwilling to participate in a joint
development, he (the developer) should not be required to provide
access to the adjacent property owner. In essence, the developer's
efforts to negotiate shared access rights and development costs
have been unsuccessful. The staff acknowledges that a joint
development proposed for both tracts- would result in the best
design for the area as a whole. However, staff's opinion is that
the county can require access for future development of adjacent
Property via subdivision ordinance provisions.
The developer is
the O'Haire tract
developer). His
economic windfall
Of compensation
compensation can
connection into
north (or his suc
concerned that requiring access to be granted for
will place an unfair financial burden on him (the
position is that access rights would provide an
for the property owner to the north, if some type
is not required. It is staff's position that
be incorporated into conditions for future
Sunset Point Lane by the property owner to the
cessors in title).
54
M M
•Results of Applying and Not Applying Access Requirements
Staff's reasoning that access rights to Sunset Pointe Lane for the
O'Haire tract should be "deemed necessary" by the county is best
illustrated by examining how the Sunset Pointe design affects the
potential development of the O'Haire tract. Staff has produced
three design scenarios for the future development of the O'Haire
tract. These three design scenarios were prepared by the staff and
are conceptual in nature to illustrate the effect of the decision
to grant or deny access for the property to the north. These
scenarios are depicted in attachments 4 through 6 of the staff
report.
Scenario 1
The first design scenario (attachment 4) depicts the potential
design, if both tracts were to develop independently of each other,
with a new access roadway required to service each tract. The new
access roadway servicing the O'Haire tract could be "flip-flopped"
so that the roadway is located on the north side of the tract. In
either case, this design creates several negative impacts for the
area. One major impact of this design is a second curb -cut on S.R.
A -1-A, created by the new access road. This intersection creates
another friction point along S.R. A -1-A. Furthermore, the access
road for the northern property cannot meet the county's standard
330' separation distance from existing roads, and cannot align with
roadways on .the east side of S.R. A -1-A. These poor design
parameters would increase the potential for vehicular conflict
along this portion of S.R. A -1-A.
A second negative impact of this design would be either to create
double frontage lots (lots with streets in front yard and back
yard) or create a double roadway. Both of these results are
undesirable. The new roadway would create additional, unnecessary
new impervious area near the Indian River Lagoon. The extra
pavement area would generate stormwater runoff which would need to
be treated for pollutants prior to being discharged into the Indian
River Lagoon. If the roadway is placed along the north property
line, a double frontage lot situation would be created for the lots
in the existing River Ridge Subdivision, as well as the lots in the
O'Haire tract subdivision. The subdivision ordinance discourages
the creation of double frontage lot situations because such layouts
reduce the back yard privacy enjoyed by owners of lots in standard
subdivision layouts.
Finally, since the minimum right-of-way requirements are 50' and
the parcel to the north is only 135' in width, independently
developing the property to the north would greatly affect the
buildable envelope of the lots. The lot depth would be reduced to
85' with 25' setbacks on the front and rear, leaving a 35' deep
building envelope. This type of subdivision layout and house
design isnot consistent with the -south beach area.
Scenario 2 .--
This
_
This scenario (attachment 5) was considered because of some
conversations with the applicant's agent about exploring a 60'
stub -out for the property to the north. This design option does
result in the elimination of a curb -out on S.R. A -1-A, which is
positive. However, the stub -out access design does have all of the
other negative impacts that -a separate roadway creates: double
roadway design, additional and unnecessary impervious surface near
the Indian River Lagoon, a subdivision with shallow lots and a
subdivision design which is not consistent with the south beach
area.
55
J A N 121993
BOOK �� F,�cF 59
12 1993 BOOK PAGE
That prior to approval of or via the final plat, the applicant
be required either to dedicate Sunset Pointe Lane as a public
road, or provide legal access rights for the use of Sunset
Pointe Lane for the future development of the property
immediately north of Sunset Point Subdivision.
This modified condition shall become a condition of preliminary
plat approval. The Planning and Zoning Commission action to grant
preliminary plat approval with all other (non -access) conditions is
hereby upheld.
Scenario 3
Scenario 3 is the design that would most probably result from the
staff recommendation to the Planning and Zoning Commission. The
design and access rights situation would allow any lots created on
the O'Haire tract to front directly on Sunset Pointe Lane. This
design eliminates all negative factors related to the "double
roadway" designs, and provides for a lot layout that is more
consistent with the area. This design is the most environmentally
sound, most efficient use of property, least disruptive from the
standpoint of traffic circulation and public facilities impacts,
and most in keeping with the south beach area.
CONCLUSION:
The staff believes that scenario #3 is the best solution available
for the subject property and general area given the existing
circumstances. Furthermore, it is staff's opinion that subdivision
ordinance section 913.09(3)(c)B provides the county the authority
to require access rights to Sunset Pointe Lane for the future
development of the O'Haire tract. As previously stated, it its
staff's opinion that compensation can be required by the developer
in return for any access rights granted. Staff supports the
appellant's claim, which is consistent with staff's access
condition recommendation given_ to the Planning and Zoning
Commission, and recommends that the Board of County Commissioners
adopt staff's original access condition.
RECOMMENDATION:
Based on the analysis, staff recommends that the Board of County
Commissioners approve the appeal by modifying the Planning and
Zoning Commission's access condition to read as originally
recommended by staff. The access condition would read as follows:
The Chairman opened the public discussion.
Michael O'Haire, 575 Highway AlA, owner of the property north
of the proposed Sunset Pointe subdivision, recapped events leading
up to this meeting. He related that he does not intend to develop
the property during his lifetime, but his children will probably
develop it in the future. He had offered to impose restrictions
whereby any development of the property would bear its share of the
maintenance and security costs of the proposed roadway, but Mr.
Krovocheck wanted additional restrictions on development of the
56
O'Haire property, although he did not specify the nature of those
restrictions. Further, Mr. Krovocheck did not want him to have
access to the roadway unless he helped pay the cost of building it.
Mr. Krovocheck felt that he would be getting a windfall if he were
permitted to have access to the roadway. Mr. O'Haire argued that
he would not be getting a windfall and, in fact, "shoehorning" all
these homes into a small piece of property will decrease the value
of his property. He concluded that denying him access to the road
makes no planning or economic sense, because a four -lane road would
have to be built to service 14 to 16 houses within two small
subdivisions, or else a road would have to be built along his north
property line, creating a double frontage situation. The latter
would create a domino effect because the people in the River Ridge
subdivision to the north also would have double frontage and he did
not want to impose that on his neighbors. Mr. O'Haire urged the
Board to require that this road be dedicated to the public, or
alternatively, to require on the plat a right for his property to
the north to access this road upon payment of a pro rata share of
the cost of maintenance and security.
Commissioner Macht asked, and Director Boling confirmed, that
requiring the road to be dedicated to the public would preclude a
controlled security gate.
Attorney Steve Henderson, representing Jack Krovocheck,
announced that the Planning & Zoning Commission voted unanimously
to have the road remain private and the parties negotiate a joint
solution to the access problems. Attorney Henderson reminded the
Board that Michael O'Haire opposed this project every step of the
way. Attorney Henderson advised that he had approached Mr. O'Haire
on behalf of his client with the idea of a shared road in an effort
to solve the access problem, but Mr. O'Haire refused to give up any
right-of-way even though a donation of just 25 feet would have
improved both pieces of property. Attorney Henderson explained
that his client's concern about restrictions and covenants was that
any homes 'built on Mr. O'Haire's property be consistent in
architecture with the homes in the Sunset Pointe development.
Attorney Henderson directed the Board's attention to ordinance
subsections 913.09 (3) (c) (2 ) and 913.09 (3) (c) (8 ) that were quoted by
staff and stressed that these are not applicable in this situation.
The key words are "deemed necessary" and "access." The Planning &
Zoning Commission did not deem access to these roads to be
necessary. Attorney Henderson cited examples of some roads within
subdivisions in South Beach that are adjacent to other subdivisions
but are not shared by those subdivisions. He added that the
developer wants to provide some buffering on the north side of this
57
JAN 121993
31
F"3AN 1 e) inn)
r
600K o-' �8 PAGE 532 -7
road and if access is required by the County, that option would be
gone. Attorney Henderson reported that the developer is against
declaring the property as a public road and pointed out that the
` trend in South Beach is towards private roads and security gates.
_ If the Board decides to require his client to grant access to Mr.
O'Haire, then Mr. O'Haire should be required to help pay the
construction costs and perhaps reimburse Mr. Krovocheck client for
part of the cost of the land as well as sharing future maintenance
and security costs. _ ----�
Todd Smith, design engineer for the project, responded to Mr.
O'Haire's comment that a density of 1.4 units to 1 acre in an area
zoned RS -3 is not 11shoehorning,11 and even though Mr. O'Haire
disagrees it certainly will be a windfall if Mr. O'Haire does not
have to spend a single dime to access the roadway. He felt that in
order to justify upholding Mr. .O'Haire's appeal, the Board must
determine that Mr. O'Haire's property needs access through Mr.
Krovocheck's property. The argument that traffic maneuver
conflicts is a concern has very little validity because even during
peak hours, there would only be about one vehicle entering AlA
every five minutes. Mr. Smith added that two roads side by side
are not the same as a four -lane road. He concluded that Mr.
Krovocheck's plan does not aggrieve Mr. O'Haire in any way and
consideration should be given to the desires of private ownership,
as long as the codes and the public's interests are not
contravened.
Jack Rrovocheck, 565 South Highway AlA, gave the members of
the Board a drawing of his proposed development. He discussed how
he proposed a property swap about 2-1/2 years ago and offered Mr.
O'Haire 77 feet on the river in exchange for some road right-of-
way. He thought the plan was very fair, but Mr. O'Haire informed
him he was not interested. Since that time, Mr. O'Haire has
opposed every permit application he has made, which Mr. Krovocheck
felt was an abuse of the system and a waste of the taxpayers'
money. The various agencies, recognizing that the opposition had
no merit, granted him the necessary permits. Mr. Krovocheck felt
that Mr. O'Haire should be required to give up some right-of-way in
exchange for access to the road, which would increase the building
envelope on both pieces of property and create a win-win situation
for everyone concerned. He directed the Board's attention to four
letters wherein he tried to negotiate with. Mr. O'Haire without
success. Mr. O'Haire wants access to the road without having to
contribute towards the cost of building it, and he wants it built
58
M r
100 percent on the Krovocheck property. His only offer is to pay
a pro rata share of road maintenance and guard expenses. Mr.
Krovocheck urged the Board to deny Mr. O'Haire's appeal.
Michael O'Haire related that Mr. Krovocheck's own home is not
included in the proposed Sunset Pointe subdivision, and in his
opinion, that makes the road public. He indicated that Mr.
Krovocheck knew he did not want to subdivide his property before he
came to him with his proposal. He felt that the only reason Mr.
Krovocheck decided to subdivide his property was because his
attempts to sell it as one parcel were not successful.
Commissioner Macht asked, and Mr. O'Haire clarified that he
was willing to pay his share of the maintenance of the road and
impose deed restrictions requiring certain standards of
architecture compatible with the Sunset Pointe subdivision.
Commissioner Eggert asked if there were legal ramifications to
Mr. Krovocheck using the private road when his property is not
included in the subdivision.
Attorney Vitunac advised that Mr. Krovocheck would have to
make arrangements to access the private road.
Chairman Bird thought that the win-win situation would be for
Mr. O'Haire and Mr. Krovocheck to share the road; however, if they
cannot reach an agreement, they should each have their own road.
Commissioner Adams felt that even if they shared the road it
would be a Hatfield -McCoy situation. She did not see any win-win
situation at all unless both parties agree to work together, and at
this point that is just not feasible. She felt it is wrong to
require Mr. Krovocheck to share the road.
After further discussion, Attorney Vitunac advised that the
County's interest is to protect the public and the way to do that
is to ensure that there is only one road. If the two parties are
unable to reach an agreement, the only way to ensure that there is
only one road into the subdivision is to make the road public.
However, if the County is willing to allow two roads to be built
side-by-side, then Mr. Krovocheck's road can remain private.
Commissioner Tippin agreed that even though allowing the road
to remain private is not the ideal solution to the problem, it
seems to be the best solution under these circumstances.
MOTION WAS MADE by Commissioner Tippin, SECONDED by
Chairman Bird to deny Michael O'Haire's appeal and
uphold the Planning & Zoning Commission's decision
to grant preliminary plat approval for Sunset Pointe
Subdivision.
59
L_ JAN 12 1993 BooK 88 P,acc 5,33
r
JAN 12199 BOOK
Under discussion, Commissioner Adams asked for clarification
of the access problem and how this relates to the legality of
requiring marginal access.
Attorney Vitunac explained that the reason the County is
giving up the marginal access easement is because the County does
not need to take someone's property if it is not in a five-year or
ten-year plan to build a road there. The issue today is deciding
whether we want one road or two roads adjacent to each other. We
have the power to require -one public road, but if -the road is
private, there is no way we can ensure that Michael O'Haire will
have access to it.
Chairman Bird pointed out that Mr. O'Haire can continue to use
the driveway he has been using.
Commissioner Tippin stressed that Mr. O'Haire will not be
landlocked because of the Board's decision today.
Commissioner Eggert asked whether staff felt requiring access
or making the road public was "necessary" or merely "desirable."
Director Boling explained that the word "necessary" can be
used in the context of requiring a coordinated street system and
felt that this will be an uncoordinated street system if the County
does not require the access. He gave the example of a road in the
north beach area where the Kennedy Grove 40 -acre parcel has
frontage on Jungle Trail. Although the property is not technically
landlocked, this rule was applied to require access from AlA
through another private subdivision.
Attorney Vitunac advised that the words "deemed necessary"
give more discretion than the words "found necessary."
Chairman Bird thought the situation today is different from
the examples given because both the O'Haire and the Krovocheck
property have had their own curb cuts on AlA for many years. He
thought it would unfair to give Mr. O'Haire free access to a road
when it was built entirely on Mr. Krovocheck's property and when
Mr. Krovocheck had to bear all the construction costs.
Commissioner Adams mentioned that Mr. O'Haire would in effect
be getting an additional 50 feet per lot if he had access to the
road.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
REQUEST TO SUSPEND A PORTION OF THE LDRs: MARGINAL ACCESS EASEMENT
Community Development Director Bob Keating presented the
following memo dated January 4, 1993:
TO: James Chandler
County Administrator
gobert
ION HEAD CONCURRENCE:
of gA,
M. Keatin , A
Community Develolpmen irector
FROM: Stan Boling ICP
Planning Director
DATE:. _January 4, 1993
SUBJECT: Request to Suspend a Portion of the LDRs: Marginal Access
Easement Requirement
It is requested that the data herein presented be given formal
consideration by the Board of.County Commissioners at its regular
meeting of January 12, 1993.
BACKGROUND
For many years, the county has required developers to install
segments of marginal access or frontage roadways (driving aisles as
well as roads) in conjunction with development of commercial
projects that front on major roadways. The marginal access
roadways serve to interconnect parking areas and allow business
customers and the general public to travel short distances between
commercial sites without the need to re-enter the adjacent major
roadway. The usual result of the requirement has been the
"stubbing -out" of a parking lot driving aisle to adjacent property
boundaries (see attachment #1). Along with the installation of the
marginal access roadway, developers have had to dedicate "marginal
access easements" to the county and to adjoining property owners to
ensure that the interconnecting driveways remain open for free
access between sites.
Based upon current case law, the county attorney's office advises
that the current easement requirement is legally indefensible
unless the property owner is compensated. It is the opinion of the
county *attorney's office that until the Board of County
Commissioners amends the LDRs dealing with marginal access, it
should-Vuspend the marginal access -easement requirement. Based
upon the attorneys office advice, staff now requests that the Board
of County .Commissioners, by motion, suspend application of the
current LDR requirement regarding marginal access easements.
ANALYSIS
Attorneys office and county administration staff agree that the
marginal access requirements and resulting interconnection of
parking areas serves a valid public purpose and benefits the public
as well as most business patrons (and thus, business owners).
Furthermore, attorneys office staff are of the opinion that the
design and construction of interconnecting driveways can be legally
required. However, the county cannot legally require an easement
or require that interconnections be perpetually open for free
access and traffic circulation without compensation.
61
BOOK 88FAGF. J
I JAN 121993
BOOK 88 FAGS 536 -7
In coordination with the attorneys office, planning and public
works staff have initiated an amendment to the current marginal .
access LDR requirements. The amendment proposed by staff addresses
the legal concerns and is "tracking through" the LDR amendment
process along with several other LDR amendment proposals. However,
the LDR amendment will probably not be enacted until March 1993.
Meanwhile, commercial projects are being reviewed and the marginal
access easement requirements of LMR Chapter 952.12(4) (see
attachment #2) are being applied. Therefore, action is now
required by the Board of County Commissioners so that prior to
approval of the pending LMR amendment, staff_. can discontinue
application of.the marginal access.easement requirement.
_ Since the ordinance is unenforceable under current case law, the
attorneys office, recommends a motion to suspend application of the
portion of Section 952.12(4) that pertains to the granting of a
marginal access easement, under the pending ordinance doctrine.
All other aspects of the current Section 952.12(4) requirements may
remain in force.
RECOMMENDATION
Staff recommends that the Board of County Commissioners suspend
application of all requirements of LMR Section 952.12(4) that
pertain to the granting of a marginal access easement. All other
requirements of 952.12(4) shall remain in force until such time as
the section is amended.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Macht to suspend application of all
requirements of Land Development Regulations Section
952.12(4) that pertain to the granting of a marginal
access easement with all other requirements of
952.12(4) remaining in force until such time as the
section is amended, as recommended by staff.
Under discussion, Michael O'Haire announced that he had been
in litigation with the County about this matter for over three
years and has been proven and demonstrated to be right. He
suspected that this was an effort to terminate the pending
litigation without liability on the County's part for payment of
the property owner's attorney fees.
Deputy County Attorney Will Collins advised that a marginal
access easement suit has been pending for about 1-1/2 years, and
the County has succeeded in having the Court abate that action for
failure of Mr. O'Haire's client to exhaust his administrative
remedy by seeking a waiver. Mr. O'Haire appealed that abatement of
the action to the District Court of Appeals, which ruled in favor
of the County. Because the County has prevailed up to this point,
Attorney Collins advised the Board .not to. make any commitment
concerning attorney's fees.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
62
APPROVAL OF RENEWAL OF EMS CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY FOR FELLSMERE VOLUNTEER AMBULANCE SERVICE. INC.
The Board reviewed the following memo dated January 5, 1993:
TO: _ Board of County Commissioners DATE: January 5, 1993
THROUGH: Jim Chandler, Cqunty Administrator
FROM: Doug Wright, Director
Department of Emergency Services
SUBJECT: Approval of Renewal of EMS Certificate of Public
Convenience and Necessity.for Fellsmere Volunteer
Ambulance Service, Inc.
It is respectfully requested that the information contained herein
be given formal consideration by the Board of County Commissioners
at the next regular scheduled meeting.
DESCRIPTION AND CONDITIONS:
On January 14, 1991, the Indian River County Board of County
Commissioners approved an EMS Certificate of Public Convenience for
the Fellsmere Volunteer Ambulance Service. The certificate was
necessary in order to comply with rules of the Florida Department
of Health and Rehabilitative Services for the volunteers to provide
EMS service in the Fellsmere area.
The certificate was issued for a period of two years pursuant to
the Indian River County Code of Laws and Ordinances, specifically
Chapter 6.50. The certificate will expire on January 14, 1993, and
the renewal process should be accomplished prior to that date.
ALTERNATIVES AND ANALYSIS:
The Indian River County Code provides for routine renewal of the
EMS Certificate of Public Convenience and Necessity on application
by the certificate holder. This can be accomplished without a
public hearing if the Board has no reason to believe that the
public health, safety, and welfare require it.
An application has been received from the Fellsmere Volunteer
Ambulance Service, Inc., requesting renewal of the certificate.
The EMS Director and the Medical Director have reviewed the
application and certifies no reasons are known or perceived that
would require a public hearing pursuant to the established
ordinance.
The certificate if approved, would be issued under the auspices
and authority.of the County ALS License and monitored by the EMS
Director and-- the Medical Director for compliance with state
statutes, administrative rules, and the Indian River County Code of
Laws and Ordinances.
RECOMMENDATION:
Staff respectfully requests that the Board of County Commissioners
approve and renew the EMS ALS Certificate of Public Convenience and
Necessity for the Fellsmere Volunteer Ambulance Service to be
effective a period of two years. .
63
BOOK 88 NVIF .
JAN 12 1993
BOOK 88 P,� G F. 5.3 8 -7
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
the renewal of the EMS Certificate of Public
Convenience and Necessity for the Fellsmere
Volunteer Ambulance Service to be effective for a
period of two years, as recommended by staff.
EMERGENCY MEDICAL SERVICES
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
WHEREAS, the FELLSMERE VOLUNTEER AMBULA&SJJVT sted authorization to provide
ADVANCED LIFE SUPPORT services to the citizens of INDIAN RIVER
._(Advanced Life or Basic Life Support)
!� County; and _
WHEREAS, there has been demonstrated there is a need to provide these
essential services to the citizens of this county;•and.
WHEREAS, the above named service affirms that it will maintain compliance
with the requirements of the Emergency Medical Services Act (Chapter 401, F.S.)
and rules (Chapter 1OD-66, F.A.C.).
THEREFORE, the Board of County Commissioners of INDIAN RIVER County
° hereby issues a certificate of Public Convenience and Necessity to said "
Company to provide BLS, ALS TRANSPORT services with
(BLS,ALS-transport,ALS non -transport)
limitations as prescribed on this certificate:
-In issuing this certificate.'the governing body of INDIAN RIVER County has '.
recommendations of affected municipalities., - - —
Date Issued JANUARY 12. 1993 Date of expiration_ JANUARY 11. 1995 ^
(unless certificate is sooner revoked or
I. suspended)
Limitations: "INTERNAL CERTIFICATE ISSUED UNDER THE INDIAN RIVER COUNTY, ALS =
•n�e.•M u.0.w.
APPROVAL OF RENEWAL OF EMS CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY FOR INDIAN RIVER MEMORIAL HOSPITAL MEDICAL TRANSPORT
SERVICE
The Board reviewed the following memo dated January 5, 1993:
64
TO: Board of County Commissioners
TSROUGS: Jim Chandl r, County Administrator
FROM: Doug Wright, Director
Department of Emergency Services
DATE: January 5, 1993
SUBJECT: Approval of Renewal of EMS Certificate of Public
Convenience and Necessity.for Indian River Memorial
Hospital Medical Transport Service
It is respectfully requested that the information contained herein
be given formal consideration by the Board of County Commissioners
at the next regular scheduled meeting.
DESCRIPTION AND CONDITIONS: 4
In January, 1991, the Indian River County Board of County
Commissioners approved an EMS Certificate of Public Convenience and
Necessity for the Indian River Memorial Hospital Medical Transport
Service. The certificate was necessary in order to comply with
rules of the Florida Department of Health and Rehabilitative
Services for the Indian River Memorial Hospital to provide an EMS
service limited to interfacility advanced life support and non-
emergency transport.
The certificate was for a period of two years pursuant to the
Indian River County Code of Laws and Ordinances, specifically
Chapter 6.50. The certificate will expire in January, 1993, and
the renewal process should be accomplished in January.
ALTERNATIVES AND ANALYSIS:
The Indian River County Code provides for routine renewal of the
EMS Certificate of Public Convenience and Necessity on application
by the certificate holder. This can be accomplished without a
public hearing if the Board has no reason to believe that the
public health, safety, and welfare require it.
An application has been received from the Indian River Memorial
Hospital requesting renewal of the certificate. The EMS Director
and Medical Director have reviewed the application and EMS protocol
with the EMS staff and certifies no reasons are known or perceived
that would require a public hearing pursuant to the established
ordinance.
This provider, as with all others, will continue to be subject to
the authority of. the EMS Director and the Medical Director for
compliance ---with state statutes, administrative rules, and the
Indian River County Code of Laws and Ordinances.
RECOMMENDATION:
Staff respectfully recommends that the Board of County
Commissioners approve and renew the EMS Certificate of Public
Convenience and Necessity for the Indian River Memorial Hospital
Medical Transport Service to be effective for a period of two
years.
The certificate should specify that the EMS services is limited to
interfacility advanced life support and non -emergency transport.
rV
JAN 12199') BOOK 0 �" E�
r
JAN 12 199 BOOK
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the renewal of the EMS Certificate of Public
Convenience and Necessity for the Indian River
Memorial Hospital Medical Transport Service to be
effective for a period of two years, said
certificate to be limited to interfacility advanced
life support and non -emergency transport, as
_ recommended by staff.
EMERGENCY MEDICAL SERVICES
CERTIFICATE OF PUBLIC CONVE&IENCE AND NECESSITY
WHEREAS, the Ird'ian River Manorial HMital has requested authorization to provide
_interfacilitydvanced Life Su000rt services to the citizens of Indian River
(Advanced Life or Basic Life Support)
County; and
WHEREAS, there has been demonstrated there is a need to provide these
l
essentiaservices to the citizens of this county.; -and,
WHEREAS, the above named service affirms that it will maintain compliance
with the requirements of the Emergency Medical Services Act (Chapter 401, F.S.)
and rules (Chapter 1OD-66, F.A.C.).
THEREFORE, the Boardd •of'C uat�yCommissioners of Indian River County
hereby issues a certificate of Public Convenience and Necessity to said
Company to provide Interfacility Advanced i ife Support services with
(BLS,ALS-transport,ALS non -transport)
limitations as prescribed on this certificate.
-Tin issuing this certificate, the governing body of, _Inri;an aivar County has
recommendations of affected municipalities.
Date Issued January 12, 1993 Date of expiration January 11, 1995
(unless certificate is sooner revoked or
suspended)
Limitations Service is limited to interfacility advanced life support and non
emergency transport.
• c
(Chairman, Board o Count
66
8 ,,, 54p
r � �
RESPIRATORY EOUIPMENT: SPIROMETER
The Board reviewed the following memo dated January 6, 1993:
TO: James Chandler, County Administrator
THRU: Jadc Prig, Personnel Director .
FROM:
Beth Jordan, Risk Managek-*00"
DATE:
6 January 1993
SUBJECT: Respiratory Equipment; Spirometer
Staff requests Board consideration of to purchase of a spirometer at a cost not to a waw $5,wo oo to
comply with State of Florida, Department of Labor and Employment Security (DLES) regulations,
Background
On October 19, 1992 Christine Layne, Safely Specalisz, Division of Safety, DLES, Inspected the Iaruilili
and cited the County for violation of an Occupational. Safety and Health Admtnstration (OSHA)
requirement, which was to be effective at the end of December, 1992, requiring mewl monitoring of
employees who use respirators on the job. For some time, public entities had been a mpt from such
monitoring while the private sector had to comply. With the December ntie change, public entitles were
brought under OSHA regulations. Staff requested and was granted a 90 -day compliance exWrmk n, with
the new compliance date as March 4, 1993.
While the County has a formal, written respirator training program with annual UWnfng for employees►
there has been no medical monitoring. Under the newly imposed regulations, employees wm complete
a written health history questionnaire. In addition, staff recommends that a spirarheter be purchased and
three (3) paramedics trained to measure pulmonary fu ncUan (hung capacity) of the appro:drrnately 395
employees who may have a need to use respirators, The questionnaire and measurement will be part
of the annual training program, It a corhtrafnd icated medical condition is reported on the questionnaire
or I the spirometric test results are outside expected parameters, the employee's results will be reviewed
by Roger Nicosia, M.D., Emergency Services medical corsukanL and a recommendatiat willbe made by
him. If a potential health condition is Indicated, the employee will be referred to hW her attending
physician for follow-up.
Currently, there are approxinhately 100 Public Works, 100 Utilities Services, 160 Emergency Services, 5
Building and Grounds, and 30 Goff employees who at least occasionally use respirators. While we may
be -able to re-engineer son's jobs to negate the need far respirators, there will remain a considerable
number who will have an ongoing need for them
Recommendation
Staff expknred with Doctas' Com, current workers' oompermation provider, the feasibility of perfomNng
this mhonitor V*W found costs to beapp $MW per employee annually. With the purchase
of a meter at a cost not to s eed $5,000.00 we can accomplish the required monitoring at the lew
cost for the County while provIdit health protection to employees. Because of its use by numerous
departments, staff recommends purchase from the Fisk Management budget.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously
authorized the purchase of a spirometer at a not -to -
exceed cost of $5,000, as recommended by staff.
C -M
L_ JAN 121993 8.0K 88 PAGF541
JAN 12 1993
BOOK 88 FA,,,F 542
ADOPT -A -ROADWAY PROGRAM
The Board reviewed the following memo dated January 4, 1993:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Jeanne Bresett_
Mae
Traffic Coord '`-
SUBJECT: Adopt -A -Roadway Program
DATE: January 4, 1993
DESCRIPTION AND CONDITIONS
Various civic groups, churches, and homeowner's associations are
still expressing an interest in picking up litter along collector
and arterial roadways in Indian River County. For the past few
years, the F.D.O.T. has encouraged and administered the "Adopt -A -
Highway" Program in cooperation with the Clean Florida Commission.
The Public Works Department would like to administer the same type
of program called the "Adopt -A -Roadway" program which other
counties in Florida have been implementing. There are 26 out of 67
counties in the State of Florida involved in the Adopt -A -Roadway
program. The County would incur the cost to fabricate and install
the signs at the adopted stretch of roadway and also the necessary
safety equipment for the groups. The estimated --total cost per
group is $250.00. We are estimating that 4 groups will start the
program this fiscal year (1992/1993). This will cost a total of
$1,000 for the 92/93 budget.
We are requesting your endorsement of the Adopt -A -Road program on
a preliminary reduced level and attached is a copy of the contract
necessary for the County to implement the program.
ALTERNATIVES & ANALYSIS
Alternative #1 - Approve the program and transfer funds to the
Road & Bridge Division's sign budget.
Alternative #2 - Not approve the program.
RECOMMENDATIONS & FUNDING
It was requested at budget hearings that $10,000 be appropriated in
the Road & Bridge Division's Budget. This request was denied
and the money was cut from the Road & Bridge Budget. However,
there is$1,000.00 available in Road & Bridge's other road
materials account #111-214-541-035.39 that could be transferred to
the Road & Bridge sign account. Staff recommends approval of the
program and would like to implement as soon as possible.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
the Adopt -A -Roadway Program and authorized the
transfer of $1, 000 from the Road and. Bridge Other
Road Materials Account to the Road and Bridge Sign
Account, as set forth in the above staff memorandum.
68
AWARD OF BID #3032 - HOBART PARK SOUTH BALLFIELD LIGHTING, AND BID
#3045 - FAIRGROUNDS RESTROOM BUILDING (BUDGET AMENDMENT 008)
The Board reviewed the following memo dated December 28, 1992:
TO: James E. Chandler,
County Administrator
FROM:. James W. Davis, P.E.,
Public Works Direct;
SUBJECT: AWARD OF BIDS -
.1) Bid # 3032 - Hobart Park South Ballfield
Lighting
2) Bid # 3045 - Fairgrounds Restroom Building
(Budget Amendment 008)
DATE: December 28, 1992 FILE: award.agn
DESCRIPTION AND CONDITIONS
Included in the 1991/92 annual budget, $30,000 was budgeted for
lighting the Hobart Park South Ballfield (Fund 004-108 North
County Recreation) and $80400 was budgeted to construct a
restroom building at the Fairgrounds (Fund 004-210 Parks).
Design of the facilities began in spring of 19921 and bids were
advertised in Oct/Nov., 1992. The following bids were received
Bid # 3032 — Hobart Park Ballfield Lighting
Low Bid - American Lighting Maintenance, Inc. $ 54,433.60
West Palm Beach, FL. Less Alt. #1 3,510.20
j7-50,923.46
Bid _# 3045 - Fairground Restroom Building
Low Bid - John Vetter and Sons, Inc. $ 156,953.84
Vero Beach, Fl. Less Deducts 18,454.00
$ 138,499.84
Plus 4" Water line 747.48
$ 139,247.32
For the 2714" x 55' building, this equates to $92.64 per square
foot.
Both projects have come in over budget.
ALTERNATIVES AND ANALYSIS
Since both projects are over budget, staff considered the
following alternatives:
Alternative No. 1
Since there does not appear to be a great demand at this
time for a second lighted field at Hobart Park (New fields
have- recently been constructed at South County Park and
Barber `Street Complex), this project could be delayed for a
few years until demand is present. The $30,000 budgeted for
the ballfield project could be reallocated for - the
Fairgrounds Restroom building. The reallocation would
result in $110400 available for construction of the restroom
69
JAN 12 19
BOOK 8 F'aGF 543
BOOK 88 PA;E44
building. To reduce the contract for the restroom building
to $110,000, staff proposes to meet with the Architect and
low bid contractor to reduce the project cost to $110,000 by
changing _design and possibly reducing the size of the
building.
Alternative No. 2
Reject both bids and re -bid the projects to try to receive
lower bids.
RECOMMENDATIONS AND FUNDING
Alternative No. 1 is recommended.' Funding for the project was
included in FY 91/92 budget and would have to be re -defined in
the 92/93 budget.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously authorized
the reallocation of $30,000 from the Hobart Park
South Ballfield Lighting project to the Fairgrounds
Restroom Building budget and directed staff to meet
with the Architect and low bid contractor to reduce
the project cost to $110,000 by changing the design
and possibly reducing the size of the building, as
set forth in the above staff memorandum.
FLORA LANE (62ND PLACE) WATER SERVICE - RESOLUTIONS 1 AND 2
The Board reviewed the following memo dated December 31, 1992:
DATE: DECEMBER 31, 1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILI ERVICES
PREPARED JAMES D. CHAST
AND STAFFED MANAGER OF ASS S PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: FLORA LANE (62ND PLACE) WATER SERVICE
,._ RESOLUTIONS I AND II
IRC PROJECT NO. UW -92=30 -DS
On February 19, 1991, the Indian River County Board of County
Commissioners approved the petition for water service for Flora
Lane (62nd Place), south off State Road 60. Design of this project
has been delayed while attempting to obtain a utility easement.
Design service has now been completed by the Department of Utility
Services staff. We are now ready to begin the assessment process
associated with this project (see attached agenda item and
minutes).
70
ANALYSIS
Attached are Resolutions I and II for the assessment project. The
total estimated construction cost, including engineering and
administration of the project, is $44,569.89, less a nonassessed
cost of $2,610.00, for an amount of $41,959.89 to be assessed to
the property owners. The cost per square foot is $0.3,11842,, and
the project.will serve 21 properties; 17 of the 21 lots in this
project are substandard or "undersized," according to Indian River
County"s Comprehensive Plan and the County Public Health Unit,
Division of Environmental Health, which require that new lots
utilizing well and septic systems be a minimum of one-half acre.
Lots not meeting these minimum standards are called "undersized
lots."
The attached map displays the area to benefit from the assessment
project.
RECOMMENDATION
The staff of the Department Of Utility Services recommends that the
Board of County Commissioners approve the attached -Resolutions,
which approve the preliminary assessment roll and establish the
public hearing date.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 93-10 providing for water main extension
to Flora Lane (62nd Place), and adopted Resolution
93-11, setting a public hearing for Tuesday,
February 2, 1993 at 9:05 A. M., as recommended by
staff .
RESOLUTION NO. 93-_10_
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
PROVIDING FOR WATER MAIN EXTENSION TO FLORA LANE
(62ND PLACE); PROVIDING THE TOTAL ESTIMATED COST,
METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL
INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA
SPECIFICALLY SERVED.
WHEREAS, the Board of County Commissioners of Indian River County
has determined that the improvements herein described are necessary to
promote the public welfare of .the county and has determined to defray
the cost thereof by special assessments against certain properties to be
serviced by a water main extension to Flora Lane (62nd Place), herein-
after referred to as Project No. UW -92 -30 -DS;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, as follows:
I. The County does hereby determine that a water main extension shall
be installed to provide service for 21 properties, which are
71
JAN 121993 BOOK 88 F-Av- 545 J
JAN 12 1993
2.
3.
BOOK 88 PA F 46
located generally as described above, and the cost thereof shall be
specially assessed in accordance with the provisions of Sections
206.01 through 206.09 of the Code of Indian River County.
The total estimated project assessment cost of the above-described
improvements is shown to be $41,959.89 or $0.111842 per square foot
to be paid by the property specially benefited as shown on the
assessment plat on file with the Department of Utifity Services.
A special assessment in the amount of $0.111842 per square foot
shall be assessed against each of the properties designated on the
assessment plat. This assessment may be raised or lowered by
action of the Board of County Commissioners after the public
hearing, at the same meeting, as required by the referenced County
Code.
4. The special assessments shall be due and payable and may be paid in
full within 90 days after the date of the resolution of the Board
with respect to credits against the special assessments after
completion of the improvements (the "Credit Date") without
interest.
If not paid in full, the special assessments may be paid in ten
equal yearly installments of principal plus interest. If not paid
when due, there shall be added a penalty of 1-1/2% of the principal
not paid when due. The unpaid balance of the special assessments
shall bear interest at a rate of 8% from the Credit Date until
paid.
5. There is presently on file with the Department of Utility Services
a plat showing the area to be assessed, plans and specifications,
and an estimate of the cost of the proposed improvements. All of
these are open to inspection by the public at the Department of
Utility Services.
6. An assessment roll with respect to the special assessments shall
promptly be prepared in connection with the special assessments.
72
M
L -_J
7.
Upon the adoption of this resolution, the Indian River County
Utility Services Department shall cause this resolution (along with
a map showing the areas to be served) to be published at least one
time in the Vero Beach Press Journal before the public hearing
required by Section 206.04.
The resolution was moved for adoption by Commissioner Macht ,
and the motion'was seconded by Commissioner Eggert , and, upon being
put to a vote, the vote was as follows:
Commissioner
Carolyn K. Eggert
Aye
Commissioner
Richard
N. Bird
Aye
Commissioner
John W.
Tippin
Aye
Commissioner
Fran B.
Adams
Aye
Commissioner
Kenneth
R. Macht
Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 12th day of January, 1993.
Attest:
Jeff& � r # Clerk
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By Z&::�'04;001
•
RICHARD N. BIRD
Chairman
RESOLUTION NO. 93- 11
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
SETTING A TIME AND PLACE AT WHICH THE OWNERS OF
PROPERTIES LOCATED GENERALLY IN THE AREA OF FLORA
LANE (62ND PLACE), AND OTHER INTERESTED PERSONS, MAY
APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND
BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF
CONSTRUCTING A WATER MAIN, AS TO THE COST THEREOF,
AS TO TBE MANNER OF PAYMENT THEREFOR, AND AS TO THE
AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH
PROPERTY BENEFITED TEOMBY.
WHEREAS, the Board of County Commissioners of Indian River County
has, by Resolution No. 93-10 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 area described
hereafter, that a waterline be installed to serve 21 properties
hereinafter described; and
73
r
JAN 1 1993 BOOK 88 F.�F47
Fr- JAN 12
3 Boa 88 PAGF.54
WHEREAS, it has been determined that the cost to be specially
assessed with respect thereto shall be $0.111842 per square foot; 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 206.06, Indian River County Code, requires that
the Board of County Commissioners shall fix a time and place at which
the owners of the properties �Io 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 constructing such
water main extension, 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, February 2, 1993, 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 td be 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.
2. All persons interested in the construction of 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, the plans and specifications for
said improvements, and an estimate of the cost thereof at the
office of the Department of Utility Services any week day from 8:30
a.m. until 5:00 p.m.
3. Notice of the time and place of this public hearing shall be given
by two publications in the Press Journal Newspaper one week apart.
The last publication shall be at least one week prior to the date
74
of the hearing. The Indian River County Department of Utility
Services 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 Mar_ht
and the motion was seconded by Commissioner Eggert , and, upon being
put to a vote, the vote was as follows:
Commissioner
Carolyn
K. Eggert
Aye
Commissioner
Richard
N. Bird
Aye
Commissioner
John W.
Tippin
Aye
Commissioner
Fran B.
Adams
Aye
Commissioner
Kenneth
R. Macht
Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 12th day of January, 1993.
Attest:
Jeff' j` R. B t Clerk eID le
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By �!
RICHARD N. BIRD.
Chairman
WATER SERVICE IN WOOD HOLLOW/32ND COURT AND 32ND AVENUE. SW -
RESOLUTIONS 1 AND 2
The Board reviewed the following memo dated December 31, 1992:
DATE: DECEMBER 31, 1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILI Y SERVICES
PREPARED JAMES D. CHASTAI
AND STAFFED MANAGER OF ASSES OJECTS
BY: _ DEPARTMENT.OF UTILITY SERVICES
SUBJECT: WATER SERVICE IN WOOD HOLLOW/32ND COURT AND 32ND
AVENUE, SW (SOUTH OFF STH STREET, SW)
INDIAN RIVER COUNTY PROJECT NO. UW -92 -37 -DS
RESOLUTIONS I AND II
BACKGROUND
On November 17, 1992, the Indian River County Board of County
Commissioners approved the petition for water service for Wood Hollow,
75
JAN � 21993 BOOK �'-S F'. �F 549
Fr-
BOOK 8 P'vF 550
32nd Court, and 32nd Avenue, SW (south off 5th Street, SW) to supply
potable water to its residents. Design service has been completed by
the Department of Utility Services staff. We are now ready to begin
the assessment process associated with this project (see attached
agenda item).
ANALYSIS
Four of the 32 lots in this subdivision are on 5th Street SW, and are
already on County water. The remaining 28 lots shall benefit from this
project. The 21 property owners signing the petition represent 75% of
the properties to be served. The attached map displays the area to
benefit from the assessment project.
Attached are Resolutions I and -I! for the assessme3ft-.project. The
total estimated cost to be assessed is $81,613.94. The cost per square
foot is $0.113058.
This project is to be paid through the assessment of property owners
along the proposed water line route. In the interim, financing will be
through the use of impact fee funds. Design services will be provided
by the Department of Utility Services.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached Resolutions, which
approve the preliminary assessment roll and establish the public
hearing date.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 93-12, providing for water main extension
to Wood Hollow, 32nd Court, and 32nd Avenue, S.W.
(south off 5th Street), and adopted Resolution 93-
13, setting a public hearing for Tuesday, February
2, 1993 at 9:05 A.M., as recommended by staff.
RESOLUTION NO. 93-_12
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
PROVIDING FOR WATER MAIN EXTENSION TO WOOD HOLLOW,
32ND COURT, AND 32ND AVENUE, SW (SOUTH OFF FIFTH
STREET); PROVIDING THE TOTAL ESTIMATED COST, METHOD
OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL
INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA
SPECIFICALLY SERVED.
WHEREAS, the Board of County Commissioners of Indian River County
has determined that the improvements herein described are necessary to
promote the public welfare of the county and has determined to defray
the cost thereof by special assessments against certain properties to be
serviced by a water main extension to Wood Hollow, 32nd Court, and 32nd
Avenue, SW (South off Fifth Street), hereinafter referred to as Project
No. UW -92 -37 -DS;
76
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The County does hereby determine that a water main extension shall
be installed to provide service for 28 lots, which are located
generally as described above, and the cost _thereof shall be
specially assessed in accordance with the provisions of Sections
206.01 through 206.09 of the Code of Indian River County.
2. The total estimated project assessment cost of the above-described
improvements is shown to be $81,613.94 or $0.113058 per square foot
to be paid by the property specially benefited as shown on the
assessment plat on file with the Department of Utility Services.
3. A special assessment in the amount of $0.113058 per square foot
shall be assessed against each of the properties designated on the
assessment plat. This assessment may be raised or lowered by
action of the Board of County Commissioners after the public
hearing, at the same meeting, as required by the referenced County
Code.
4. The special assessments shall be due and payable and may be paid in
full within 90 days after the date of the resolution of the Board
with respect to credits against the special assessments after
completion of the improvements (the "Credit Date") without
interest.
If not paid in full, the special assessments may be paid in ten
equal yearly installments of principal plus interest. If not paid
when due, there shall be added a penalty of 1-1/2% of the principal
not paid when due. The unpaid balance of the special assessments
shall bear interest at a rate of 8% from the Credit Date until
paid.
5. There is presently on file with the Department of Utility Services
a plat showing the area to be assessed, plans and specifications,
and an estimate of the cost of the proposed improvements. All of
77
JAN 12199 BOOK 8'S Parc 55.E
rJAN 121993
BOOK 88 PAGE 55.9,
these are open to inspection by the public at the Department of
Utility Services.
6. An assessment roll with respect to the special assessments shall
promptly be prepared in connection with the special assessments.
7. Upon the adoption of this resolution, the Indian River County
Utility Services Department shall cause this resolution (along with
a map showing the areas to be served) to be published at least one
time in the Vero Beach Press Journal before the public hearing
required by Section 206.04.
The resolution was moved for adoption by Commissioner Eggert ,
and the motion was seconded by Commissioner Adams , and, upon being
put to a vote, the vote was as follows:
Commissioner
Carolyn R. Eggert
Aye
Commissioner
Richard
N. Bird
Aye
Commissioner
John W.
Tippin
Aye
Commissioner
Fran B.
Adams
Aye
Commissioner
Kenneth
R. Macht
Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 12th day of January, 1993.
Attest:
Jeffrey K. Barton, Clerk
BOARD OF COUNTY COMMISSIONER
INDIAN RIVER COUNTY; FLORIDA
By —
chairman
RICHARD N. BIRD
RESOLUTION NO. 93-_U_
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
SETTING A TIME AND PLACE AT WHICH THE OWNERS OF
PROPERTIES LOCATED GENERALLY IN THE AREA OF WOOD
HOLLOW, 32ND COURT AND 32ND AVENUE, SW (SOUTH OFF
FIFTH STREET), AND OTHER INTERESTED PERSONS; MAY
APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND
-BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF
CONSTRUCTING A WATER MAIN, 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. 93-12 , determined that it is necessary for the
public welfare of the citizens of the county, and particularly as to
78
M M M
those living, working, and. owning property within the area described
hereafter, that a waterline be installed to serve 28 lots hereinafter
described; and
WHEREAS, it has been determined that the cost to be specially
assessed with respect thereto shall be $0.113058 per square foot; 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 206.06, 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 constructing such
water main extension, 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 COMISSIONERS
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, February 2, 1993, 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 to be 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.
2. Al persons interested in the construction of 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, the plans and specifications for -
said improvements, and an estimate of the cost thereof at the
office of the Department of Utility Services any week day from 8:30
a.m. until 5:00 p.m.
L_ JAN 121993
79
BOOK �9�` FaGE 553
JAN 12 199
3.
BOOK 88 Pa,r 554
Notice of the time and place of this public hearing shall be given
by two publications in the Press Journal Newspaper one week apart.
The last publication shall be at least one week prior to the date
of the hearing. The Indian River County Department of Utility
Services 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*byCommissioner �flPrt
and the motion was seconded by Commissioner Adams , and, upon being
put to a vote, the vote was as follows:
Commissioner
Carolyn K. Eggert
Aye
Commissioner
Richard
N. Bird
Aye
Commissioner
John W.
Tippin
Aye
Commissioner
Fran B.
Adams
Aye
Commissioner
Kenneth
R. Macht
Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 12th day of January, 1993.
Attest:
Jeffrey"K. Barton, Clerk
f3yI I'. ",;L, (3,414
80
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Chairman
RICHARD N. BIRD
WAT29 MAIN EXTENSION GROWTH PLAN - PHASE I - FINAL ASSESSMENT ROLL
AND RESOLUTION IV
The Board reviewed the following memo dated December 30, 1992:
DATE: DECEMBER 30, 1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTI VICES
PREPARED JAMES D. CHAST
AND STAFFED MANAGER OF E PROJECTS
BY: DEPARTMENT O
TO.-V
SUBJECT: WATER MAIN EXTENSION GROWTH PLAN - PHASE I
RESOLUTION IV - FINAL ASSESSMENT ROLL
WATER SERVICE ASSESSMENT PROJECT
INDIAN RIVER COUNTY PROJECT NO. UW -91 -02 -DS
BACKGROUND
On December 3, 1991, the Board of County Commissioners approved
Resolution III, No. 91-177, for the preliminary assessment roll on
the above -referenced project. Construction of the project has been
completed. Customer connections have begun, and we request the
Board of County Commissioners' approval of the final assessment
roll. (See attached minutes and Resolution III).
ANALYSIS
The preliminary assessment was for a total estimated cost of
$1,686,324.341 which equated to ± $0.107138 per square foot of
property owned. The final assessment (see attached Resolution IV
and the accompanying assessment roll) is in the- amount of
$1,418,168.32, which equates to a cost of $0.094691 per square foot
of property.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the adoption of Resolution IV.
ON-2XOTION by Commissidher Adams, SECONDEb by
Commissioner Tippin, the Board unanimously adopted
Resolution 93-14, certifying "as -built" costs for
installation of Phase I of the water main extension
growth plan, as recommended by staff.
81
BOOK
'JAN 121993
r- JAN 12 19931 BOOK 88 PAGE 556
RESOLUTION NO. 93-i_
A RESOLUTION OF -INDIAN RIVER COUNTY,
FLORIDA, CERTIFYING "AS -BUILT" COSTS FOR
INSTALLATION OF PHASE I OF THE WATER MAIN
EXTENSION GROWTH PLAN, AND SUCH OTHER
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 properties located on
the east and west sides of 27th Avenue in Phase I of the Water Main
Extension Growth Plan were necessary to promote the public welfare of
the county; and
WHEREAS, on Tuesday, December 3, 1991, 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. 91-177, 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. 91-177,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. Resolution No. 91-177 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 8%
per annum
may be
made in
ten annual installments,
the
first
to be made
twelve
82
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.
91-177 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.
91-177 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
Adams
and the motion was seconded *by Commissioner Ti ppi n
and, upon being put to a vote, the vote was as follows:
Chairman- Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 12 day of January, 1993.
BOARD OF COUNTY COMMISSIONERS
Attest INDIAN RIVER COUNTY, FLORIDA
ByZ4
RICHARD N. BIRD
Jeff K. Brton Clerk Chairman
RESOLUTION 93-14, WITH ASSESSMENT ROLL ATTACHED,
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
83
L_ SAN 121993
BOOK Fac,1
JAN 121993
-7 bom 88 PvF 558
COURTSIDE SUBDIVISION WATER MAIN EXTENSION - CHANGE ORDER 1 AND
FINAL PAY REQUEST
The Board reviewed the following memo dated December 30, 1992:
DATE: DECEMBER 30, 1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TE;%Q
G. PWTO -
DI I SERVICES
PREPARED H. , E.
AND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: COURTSIDE SUBDIVISION WATER MAIN EXTENSION
IRC PROJECT NO. UW -92 -02 -DS
CHANGE ORDER NO. 1 AND FINAL PAY REQUEST
BACKGROUND
On June 3,_ 1992, the Indian River County Board of County Commissioners
approved the subject project in the amount of $64,365.00. Construction
of the subject project has been completed, and the Contractor,
Driveways, Inc., of Titusville, Florida, has made application for final
payment. The pay request includes a $3,646.00 change order primarily
to bore under homeownerst driveways in lieu of open cuts. (See
attached change order.)
ANALYSIS
All Indian River County requirements have been met, and final
certification is being submitted to the Department of Environmental
Regulation for clearance.
The original contract price was $43,479.25; the final contract price,
including Change Order No. 1, is $47,125.25. The contractor has
previously billed $31,938.53, leaving a balance of $15,186.72 as
payment in full for services rendered.
RECOMMENDATION
The Department of Utility Services recommends: (1) approval of Change
Order No. 1 and (2) approval of the payment request of $15,186.72 as
payment in full for services rendered.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
Change Order No. 1 in the amount of $3,646.00 and
final payment in the amount of $15,186.72
Driveways, Inc. for IRC Project No. UW -92 -02 -DS,
recommended by staff.
CHANGE ORDER IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
84
to
as
RELEASE OF -SPECIAL ASSESSMENT LIEN FOR HENRY A. FISCHER REQUESTED
BY ATTORNEY STEVE HENDERSON
Attorney Steve Henderson, representing Carl Fischer, explained
that Henry Fischer is conveying the north 4.26 acres of the subject
property to his client. The total parcel of 9.75 acres has a sewer
impact lien on it. The lien would continue to encumber the
remainder of the property, which has an office building and other
real estate on it. The nature of the emergency is that Mr. Fischer
is attempting to close a loan with Sun Bank in connection with the
property.
Utility Services Director Terry Pinto reported that staff has
no objection to releasing the lien from the 4.26 acres because the
balance of the property is substantial in value.
Chairman Bird asked, and Director Pinto confirmed that the
lien can be transferred to the remaining acreage.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
the release of special assessment lien for Henry A.
Fischer.
SAID RELEASE IS RECORDED
IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
DISCUSSION REGARDING MOBILE HOME PARR LETTER CONCERNING COUNTY
UTILITIES
County Attorney Vitunac advised that Commissioner Macht
requested staff to prepare a letter to be sent to residents of
mobile home parks, stating that the County does not require them to
pay impact fees before they can move into a park. The County needs
to make it clear to the mobile home residents that any such
requirement is strictly from the landlord. Attorney Vitunac
provided the Board with a draft of letter, and explained that it
could be amended at today's meeting and then mailed to the
appropriat"-- arties.
Steve Pitiak, 3621 West Derry Drive, Sebastian, thought that
this letter might eliminate a lot of problems in mobile home parks,
and commented that perhaps the Board should add a phrase to the
second paragraph, so that it would read as follows:
L_ SAN 121991 BOOK 88 F-,v,r,559
r SAN 12 1993
BOOK 88 F'a;E 5,5®
"Several residents indicated that the park owners were
demanding payment of impact fees at the time the living
unit was transferred to a new owner and would not issue
a park certificate of occupancy or a new lease agreement,
saying that this payment by the new owner was required by
the County."
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Adams to send the following -letter,
with the modification suggested by Mr. Pitiak, to
all mobile home park association presidents and
officials of any organized mobile home park
organizations.
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 32960
Telephone: (407)567-8000
January 12, 1993
TO WHOM IT MAY CONCERNS
Res County policy on paying water and newer impact fees for
mobile home units connecting to County utilities
Dear Mobile Home Park Resident:
Suncom Telephone: 224-1011
At a public hearing called by the County Commission recently to discuss
matters of public interest relating to the County utility system it became
evident that there is a misunderstanding of the County.policy concerning who
pays water and sewer impact fees on the connection of any mobile home unit to
the County utility system.
Several residents indicated that the park owners were demanding payment of
impact fees at the time a living unit was transferred to a new owner and
would not issue a park certificate of occupancy or a new lease agreement,
saying that this payment by the new owner was required by the County.
The County policy has consistently been to require paymentof the impact fees
from the park owner, since the park owner is the property owner. While the
numerous contracts between the County and mobile home park owners negotiated
over the last .20 years are not identical, a common term of many of the new
agreements is that at the time of sale of a home in a park the park owner
must pay the County the current impact fee. Whether the park owner could
pass that charge through to the new home owner has never been' determined by
the County Commission. That is subject to Chapter 723, Florida Statutes, and
is strictly a matter of law and contract between the pagk owner and the home
owner.
86
In summary;_ the County's position is that on the connection of any unit to
the -County utility system the park owner must either pay the current impact
fee or make arrangements to pay it, and whether the park owner is able to
pass that charge through to the home owner is a matter which must be settled
by those two parties.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
.��1
Richard N. Bird
Chairman
RNB/Vk
Under discussion, Commissioner Macht emphasized that it would
be the responsibility of the recipients to circulate copies of the
letter to individual mobile home owners.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
APPOINTMENT TO TOURIST DEVELOPMENT COUNCIL - JACOUE STEER - DAYS
INN REST
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Adams, the Board unanimously approved
the appointment of Jacque Steer to the Tourist
Development Council.
A RESOLUTION OF IRC, FLORIDA, CALLING FOR A SPECIAL ELECTION TO
DETERMINE WHETHER THE BOARD OF COUNTY COMMISSIONERS SHALL HAVE THE
POWER AUTHORIZED BY SECTION 3, ARTICLE VII OF THE FLORIDA
CONSTITUTION TO GRANT AD VALOREM TAB EXEMPTIONS TO NEW BUSINESSES
AND EXPANSIONS OF EXISTING BUSINESSES.
Commissioner Eggert announDed that a single -question mail
election on this subject will be held April 13, 1993, and
Supervisor of Elections Ann Robinson is leaving for Tallahassee
tomorrow and must take this Resolution with her. It is not
necessary to provide Tallahassee with the details of the wording of
the proposed Ordinance at this time. Notice of the election will
be published in the newspaper.- The total cost of the election,
including the cost of the mailing, will be between $30,000 and
$40,000, which is less than the cost of opening all the precincts
and hiring clerks.
87
800K 8-8 FAGF. i�J
JAN 2
r JAN 12 190
BOOK 88 PnUE 562
MOTION WAS MADE by Commissioner Macht, SECONDED by
Commissioner Tippin to adopt Resolution 93-15,
calling for a special election to determine whether
the Board of County Commissioners shall have the
power authorized by Section 3, Article VII of the
Florida Constitution to grant ad valorem tax
exemptions to new businesses and expansions of
existing businesses.
Under discussion, Commissioner Macht expressed concern that
people might jump to the conclusion that there will be some broad
and wholesale tax exemptions for selected people, and he urged the
Board to clarify the terms under which exemptions will be granted.
Commissioner Eggert responded that the press was here when
this was presented at the end of December. At that time, the Board
established that abatement would only apply to actual improved
structures, and that the amount of exemption would be relatively
low and under very strict circumstances handled on a case-by-case
basis.
Commissioner Macht stressed that the Board needs to reassure
the public that this is a sound economic device.
Commissioner Eggert explained that details regarding this
proposed Ordinance will be presented to the Board within the next
several weeks.
William W. Koolage, 11 Vista Gardens Trail, expressed concern
about the County spending money to -have a special election on this
issue. He felt that the public will not be fully informed and the
turnout will be very small, and that this could wait until a
regular election.
Commissioner Eggert pointed out that there are no regular
elections scheduled until next year, and she felt it was important
to expedite this because of the current state of the economy.
Peter Robinson, 315 Greytwig Road, supported action to get
these incentives in force as soon as possible. He understood Mr.
Koolage's concerns but felt that incentives are a very important
factor in bringing new businesses into the area. He gave the
example of Columbia, SC getting the BMW plant and it was the
incentives that brought them there. He mentioned a recent article
in Forbes magazine about the growth that is occurring in the west
because of incentives. Mr. Robinson agreed that it is -very
important for this to be fully explained to the public-.
88
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
RESOLUTION NO. 93- 1",
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CALLING FOR A SPECIAL ELECTION TO DETERMINE WHETHER
THE BOARD OF COUNTY COMMISSIONERS SHALL HAVE THE
POWER AUTHORIZED BY SECTION 3, ARTICLE VII OF THE
FLORIDA CONSTITUTION TO GRANT AD VALOREM TAX
EXEMPTIONS TO NEW BUSINESSES AND EXPANSIONS OF
EXISTING BUSINESSES.
WHEREAS, pursuant to the authority of Section 3, Article VII of the
Florida Constitution the Florida Legislature has adopted Section 196.1995,
Florida Statutes, which authorizes the Board of County Commissioners of
Indian River County to call a referendum within its total jurisdiction to
determine whether its respective jurisdiction may grant economic development
ad valorem tax exemptions; and
WHEREAS, the Indian River County Board of County Commissioners has
determined that --having the power to grant such exemptions would be in the
public interest by fostering economic development which would otherwise not
occur;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. A special election shall be held on April 13, 1993, within the entire
incorporated and unincorporated areas of Indian River County to be held
pursuant to Section 101.6102, Florida Statutes, at which the following
question will be presented to the qualified voters:
SHALL THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY BE AUTHORIZED, PURSUANT TO S. 3, ART. VII OF THE
STATE. CONSTITUTION, TO GRANS PROPERTY TAX EXEMPTIONS TO
NEW BUSINESSES AND EXPANSIONS OF EXISTING BUSINESSES?
YES -'Por Authority to Grant Exemptions
NO = Against Authority to Grant Exemptions
2. The Supervisor of Elections is authorized to conduct this special
election by mail ballot, pursuant to the authority.of Section 101.6102,
Florida Statutes.
89
T �
JAN 1 i9- 800K 0� FAU �`.1
r- JAN 12 001
BOOK 88 PA- 554
3. The Office of Management and Budget shall make the appropriate budget
amendments to reimburse the Supervisor for this election.
4. The County Attorney's Office shall ensure that notice of this special
election shall be provided, pursuant to Section 100.342, Florida
Statutes; i.e., 30 days notice by publication in the VdRti-Beach Press
Journal at least twice, once in the fifth week and once in the third
week prior to the week in which the referendum is to be held.
The resolution was moved for adoption by Commissioner _Ma r h t , and
the motion was seconded by Commissioner TiDDIn . and, upon being put to a
vote, the vote was'as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 12 day of January , 1993.
Attest:
Jeffrey K. Barton, Cler
i
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Richard N. Bird
Chairman
EMERGENCY SERVICES DISTRICT
Chairman Bird announced that immediately upon adjournment the
Board would reconvene sitting as the District Board of
Commissioners of the Emergency Services District.
Those Minutes are being prepared separately.
Pill
SOLID WASTE -DISPOSAL DISTRICT
-Chairman Bird announced that immediately upon adjournment of
the meeting of the District Board of Commissioners of the Emergency
Services District, 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 12:50 P.M.
ATTEST:
J. Barton, Clerk
91
e
Richard N. Bird, Chairman
BOOK �� PAGE 545
�' JA* A 21993