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HomeMy WebLinkAbout4/27/1993� MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA - AGENDA REGULAR MEETING TUESDAY, APRIL 27, 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: 00 A. M. 1. CALL TO ORDER James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board PAGE 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - Comm. Carolyn K. Eggert 4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS ADD #8 Request from Sheriff " Add to 11-A Request from Vista Royale ADD 11-G-3 I.R. Blvd. Testing, Phase IV ADD 12 Council of 100 Agreement ADD 14-A-4 Electric Service, Fire Station #2 ADD 9-A Wabasso flea market ADD 13-B Public Disclosure matters REMOVE ITEM 13-A-2 5. 'PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES Special Meeting of March 1-9, 1993 7. CONSENT AGENDA A. Received and placed on file in office of Clerk to the Board: Report of Convictions for Month of March, 1993. Sebastian River Water Control District, Minutes of Quarterly Meeting --of March 3, 1993, with General Policy Statement & Annual Financial Report dated September 30, 1992 attached Indian River Farms Water Control District, Minutes of Monthly Meetings from Oct., 1992 thru March, 1993 B. Approval of Out of County Travel for Comm. Ken Macht to attend First International Symposium on Sick Buildings APR VIM— - BOOK 89 FAir347 APR 27 1993 BOOK 7. CONSENT AGENDA (cont'd. ): C. Release of Utility Liens ( memorandum dated April 20, 1993 ) D. Release of Utility Liens (memorandum dated April 15, 1993) E. Professional Services Advisory Committee Appointment (memorandum dated April 19, 1993) F. Approval of Appointment of Robert Baker to Land Acquisition Advisory Committee ( letter dated April 12, 1993) G. Progress Report 6 Reimbursement Invoice Third Year Planning Grant (1993) Invoice #1 ( memorandum dated April 15, 1993 ) H. Cooperative Road Grading Agreement Between I.R.C. and City of Fellsmere ( memorandum dated April 21, 1993 ) I. Request for Floodplain Cut and Fill Balance Waiver for Part of Government Lot 10, Deed Book 26, Page 481 Michael Skiscim, 8530 Jungle Trail ( memorandum dated April 13, 1993 ) J. A Resolution of the Board of County Commissioners of Indian River County, Florida, Accepting the Certificate of the County Can- vassing Board K. Agreement Between I.R.C. and Scott W. and Lisa M. Lambeth - Temporary Water Service ( memorandum dated April 1, 1993 ) L. Award Bid 3082 / Flora Lane Water Service ( memorandum dated April 15, 1993 ) M. Award Bid 3075 / North County Treated Effluent Force Main Expansion (memorandum dated April 15, 1993) N: Administration Building Alarm System (memorandum dated April 14, 1993) O. Golf Ball Retrieval Services, "Lakes" Course Construction ( memorandum dated April 20, 1993 ) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a.m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None 89 Facr�348 11. DEPARTMENTAL MATTERS (cont'd. ): H. UTILITIES (cont'd. ): 2. Roseland Road Water Main, - Ph. 11, Change Order #1 and Final Payment (memorandum dated April 13, 1993) 3. Roseland Road Water Main, Ph. 1, Change Order #1 and Final Payment ( memorandum dated April 13, 1993 ) 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. CHAIRMAN RICHARD N. BIRD 1. Discussion regarding Bingo Laws; Local Controls and Regulations ( memorandum dated April 12, 1993 ) 2. Childrens Services Advisory Committee ( memorandum dated April 16, 1993 ) B. VICE CHAIRMAN JOHN W. TIPPIN C. COMMISSIONER FRAN B. ADAMS D. COMMISSIONER CAROLYN K. EGGERT E. COMMISSIONER KENNETH R. MRCHT 14. SPECIAL DISTRICTS A. EMERGENCY SERVICES DISTRICT 1. Approval of Minutes - Meeting 3/9/93 2. Approval to Replace Service Body on Vehicle 734 and Repair/Paint Truck Cab E Chassis (memorandum dated April 19, 1993) APR 27 1993 BOOK, 89 PA -UF 34 e� APR 2 7 1993 BOOK 89 PAGF 350- . 9. PUBLIC ITEMS (cont'd. ): B. PUBLIC HEARINGS 1. Karl Hedin's Request for Special Exception Use Approval to Construct a Self -Service Storage Facility ( memorandum dated April 13, 1993 ) 2. A RESOLUTION OF . THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA EXPANDING THE BOUNDARIES OF THE COUNTY SEAT TO ENCOMPASS THE LOCATION OF- THE SHERIFF'S OFFICE AND JAIL ( Second of Two Public Hearings) 10. COUNTY ADMINISTRATOR'S MATTERS Joint Meeting with City of Vero Beach (memorandum dated April 21, 1993) 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT Request for County Commission Approval of Oslo Riverfront Management Plan and FIND Grant Application (memorandum dated April 21, 1993) B. EMERGENCY SERVICES None C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS 1. St. Johns River Water Management District Stormwater Treatment Requirements (memorandum dated April 19, 1993) 2. Final Release of Retainage - Engineering Services for I.R. Blvd., Ph. IV, Glace and Radcliffe, Inc. ( memorandum dated April 12, 1993 ) H. UTILITIES I. Engineering Firm Selection RFP for the Expansion of the West Regional Wastewater Treatment Plant to 2 MGD - (memorandum dated April 19, 1993) 14. SPECIAL DISTRICTS (cont'd. ): A. EMERGENCY SERVICES DISTRICT (condi.): 3. Approval of Change Order #1 for Additional Expenses Incurred by Lucas Waterproofing Co., Inc. During Replacement of Roof on Emergency Services Station #1 ( memorandum dated April 19, 1993 ) B. SOLID WASTE DISPOSAL DISTRICT 1. Approval of Minutes - Meeting 2/23/93 2. Approval of Minutes - Meeting 3/2/93 3. Approval of Minutes - Meeting 3/9/93 4. Request by Law Office of Simmons 8 Solomon to Address Board Regarding Reasons Sanitation (letter dated April 12, 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. �. ; BOOK 89 F4E -351 Tuesday, April 27, 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, April 27, 1993, at 9:00 o'clock A.M. Present were Richard N. Bird, Chairman; John W. Tippin, Vice Chairman; Fran B. Adams; and Carolyn K. Eggert. Absent were Commissioner Kenneth R. Macht and County Attorney Charles P. Vitunac, who were out of state attending a seminar on the effect of new legislation on cable TV. Also present were James E. Chandler, County Administrator; William G. Collins, II, Deputy County Attorney; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and Commissioner Eggert led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Bird advised that Commissioner Macht has requested that Item 13-A-2 - Children's Services Advisory Committee - be removed from today's Agenda and discussed at a later date. Chairman Bird requested the addition of the following items: 1) As Item 5 - Liz Forlani's Retirement Plaque and Proclamation. 2) As Item 8 - a request from Sheriff Wheeler to purchase new patrol=cars. 3) As Item 11-A-2, a request from Vista Royale to be involved in planning process for County's Oslo Road riverfront property. 4) As Item 11-G-3, I.R. Blvd., Phase IV, Construction Materials Testing. 5) As Item 12, Economic Development Agreement with Council of 100. - 6) To the ESD agenda, as Item 14-A-4, Replacement of Electric Service at Station #2. Commissioner Adams requested the addition under 9-A, of public discussion regarding the Wabasso flea market. Commissioner Tippin requested the addition as Item 13-B of a brief discussion regarding public disclosure matters. L- APR 2 7 1993 BOOK 89 FADE 352 I APR 2 7 1993 BOOK © PIA,, 353 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Commissioner Macht being absent) removed and added the above items to today's Agenda. PROCLAMATION AND PRESENTATIONS Chairman Bird read aloud the following proclamation honoring Executive Aide Liz Forlani on her retirement and on behalf of the Board presented a plaque to her with a kiss in appreciation of her many years of dedicated service with the County. PROCLAMATION WHEREAS, LIZ FORLANI has announced her retirement as Executive Aide to the Board of County Commissioners effective April 30, 1993; and WHEREAS, Liz was first employed by Ralph Harris, Clerk of the Court, on February 1, 1972, later becoming Secretary to the Board of County Commissioners on October 10, 1977; she was elevated to Administrative Assistant to the Board on October 1, 1982 and to her _ present position of Executive Aide on July 5, 1991; and WHEREAS, Liz has been most effective in understanding the problems of . the citizens of this county, and has exhibited high integrity, knowledge and caring in helping the citizens deal with their problems; and WHEREAS, Liz has been -very dedicated to governmental service and under her supervision has maintained a well-informed, reliable office staff; she has assisted, guided and advised County Commissioners with wisdom and good humor helping to make their* Commission work and committee assignments run more smoothly; and WHEREAS, many changes have taken place in Indian River County since Liz became part of the county family, including such changes as construction of the 17th Street Bridge; development of the Sheriff's Administration and Jail Complex; construction of three phases of Indian River Boulevard; the initial Comprehensive Land Use Plan -and the recent Growth Management Plan; the Gifford Sewer and Water project; expansion of the South County water line and numerous other utility .-Projects; construction of two libraries; beginning construction of the new courthouse/judicial complex; construction of the Public Health Building, and the consolidation of the -emergency management -system: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board expresses deep appreciation for the dedicated service LIZ FORLANI has given to Indian River County over the past 21 years; and The Board and office staff wish to express their appreciation to Liz for an outstanding career on behalf of local government and extend our heartfelt wishes for success in her future endeavors. Adopted this 27th day of April, 1993. 2 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Richard N. Bird, Chairman I APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of March 18, 1993. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commissioner Macht being absent) approved the Minutes of the Special Meeting of 3/18/93, as written. CONSENT AGENDA Commissioner Adams requested that Item O be removed from the Consent Agenda for discussion. A. Reports Received and placed on file in the office of the Clerk to the Board: Report of Convictions for Month of March, 1993 Sebastian River Water Control District, Minutes of Quarterly Meeting of March 3, 1993, with General Policy Statement & Annual Financial Report dated September 30, 1992 attached. Indian River Farms Water Control District, Minutes of Monthly Meetings from October, 1992 through March, 1993 3 APR 71993 BOOK �� F"fir •�➢�: n b ASR 27 900K S93 FACE 55 B. Approval of Out -of -County Travel for Commissioner Macht to attend First International Symposium on Sick Buildings ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commissioner Macht being absent) approved out -of - county travel for Commissioner Macht to attend First International Symposium on Sick Buildings to be held in Auburndale, Florida July 13-16, 1993. C. Release of Utility Liens The Board reviewed the following memo dated 4/20/93: TO: BOARD OF COUNTY COMMISSIONERS \ ,J FROM: Sandy Wright, County Attorney's Office--)' DATE: April 20, 1993 RE: RELEASE OF UTILITY LIENS The attached lien releases are in proper form for the Board of County Commissioners to authorize the Chairman to sign so that they can be recorded. The names and projects are: 1. Satisfactions of Impact Fee Extension DUPREE CYPERT 2. Phase I Water Project ALBIN LUNDGREN BLAICHER (2) NEAL BLOMQUIST PEARSON CHAPPEL PENNOLINO CHERNYSHEV POUST CLEMONS REPISCHAR DREYER REXFORD GLEASON RINALDI GRACE RIVERA HOGGATT ROHAL JASA THE SALVATION ARMY JOHNSEN SST KLINE (2) SHARP KLINE SPRAGUE LONGTON STEL WHIDDON 4 ON MOTION by Commissioner Eggert, SECONDED by commissioner Tippin, the Board unanimously (4-0, commissioner Macht being absent) approved satisfactions and releases of liens, as listed in the above staff recommendation. SAID SATISFACTIONS AND RELEASES ARE ON FILE IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY D. Release of Utility Liens The Board reviewed the following memo dated 4/15/93: TO: BOARD OF COUNTY COMMISSIONERS X.6. %z. W AQvk1_, FROM: Lea R. Keller, CLA, County Attorney's Office DATE: April 15, 1993 RE: RELEASE OF UTILITY LIENS The attached lien releases are in proper form for the Board of County Commissioners to authorize the Chairman to sign so that they ,can be recorded. The names and projects are: 1. Blue Cypress Lake Sewer Project: STONE 2. Satisfactions of Impact Fee Extensions: KEGNEY/LOGATTO MYERS 3. Courtside Water Project: FRIEDLINE GRANDY OSBORNE _ SAVER 4. Eighth Street Water Project: ZORC (3) 5. 12th Street Water Project: WILDEN 6. Pinewood Lane Water Project: BRANIGAN III 5 APR 271993 BOOK 89 PacF:356 APP 2 7 1993 7. Phase I Water Project: BARTLEY BUTROWSRY COOLER (2) DEICRLER DALAL FERRARA GARTMAN HANDLER HOLMES (2) ROSMALA _LOESER QRS NILES NSR PARR POHORENCE PRESCOTT RAPPAPORT RICHARD RODGERS SCREWS SELING STICKLE TOMES WALROWIAR WOODARD WILLIAMSON 8. Phase II Water Project: COPPAGE (2) CROSBY (3) DEAN ESREW MASTERAN RUSTIC DIMENSIONS WILLOUGHBY BOOK 89 P" UE 3,57 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commissioner Macht being absent) approved satisfactions and releases of liens, as listed in the above staff recommendation. SAID SATISFACTIONS AND RELEASES ARE ON FILE IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY 6 E. Appointment of Randy Mosby to Professional Services Advisor Committee The Board reviewed the following memo dated 4/19/93: MEMORANDUM TO: BCC FROM: Fran Adams RE: PSAC Appointment DATE: April 19, 1993 I would like to recommend Randy Mosby to replace Keith Phelan on the Professional Services Advisory Committee. His resume is attached. Thank you. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commissioner Macht being absent) appointed Randy .Mosby to replace Keith Phelan on the Professional Services Advisory Committee. F. Appointment of Robert Baker to Land Acquisition Advisory Committee The Board reviewed the following letter dated 4/12/93: Adrr At. or Cit of FeRsmer'e a Indian River County Cor Jay. City ed& b6ce P.O. Box 39— Mayor's Office Fellsmere, F132948% E' All - Phone (407)571-0116 Fax (407)571-1901 Please Note our new Post Office Box Number April 12, 1993 Board of County Commissioners Attention: Jan 1840 - 25th Street Vero Beach, Florida 32960 Dear Jan: This will confirm our conversation that the City Council of -the City of Fellsmere appointed Councilman Robert C. "Bob" Baker -as our representative on the Land Acquisition Advisory Committee. .APR 27 1993 Boor 89 FHcF3 8 BOOK 89 FacF359-1 Please feel free to either mail the information to our City Hall at Post Office Box 39, Fellsmere, Florida 32948-0039, or to Councilman Baker's residence, 215 S. Myrtle Street, Fellsmere, Florida 32948. Should you have any questions or require tion please do not hesitate to contact me. Sincerely, Deborah C. Krages City Clerk any additional informa- ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commissioner Macht being absent) appointed Robert Baker as the City of Fellmere's representation on the Land Acquisition Advisory Committee. G. Third Year Planning Grant (1993) - Progress Report & Reimbursement Invoice #1 The Board reviewed the following letter dated 4/15/93: TO: James E. Chandler County Administrator DEPARTMENT HEAD CONCURRENCE Robert M. Xea-tiiig,, Py Community DevelopmerW Director FROM: Sasan Rohani 4!�• 2 Chief, Long -Range Planning DATE: April 15, 1993 RE: PROGRESS REPORT & REIMBURSEMENT INVOICE THIRD YEAR PLANNING GRANT (1993) INVOICE #1 It is requested that the data herein presented be given formal consideration by the Board of .County Commissioners at their regular meeting of April 27, 1993. DESCRIPTION AND CONDITIONS It is required, as part of the Transportation Disadvantaged (TD) Planning Grant contract between the Indian River County Board of County Commissioners (BCC) as the Designated Official Planning Agency (DOPA) and the State of Florida Transportation Disadvantaged 8 Commission (TDC), that periodic progress reports and reimbursement invoices be submitted. To comply with the TDC's requirements, staff has prepared a progress report and invoice for the period from January 1, 1993 to March 31, 1993. For the third year planning grant (1993), the invoice and progress report represent the first submittal. This progress report and applicable finished products, such as the Local Coordinating Board (LCB) meeting minutes, by-laws, etc., are required to accompany all reimbursement invoices. Attached for your review is a copy of draft invoice #1 and the progress report. This report, along with the appropriate supporting documents, will be submitted to the TDC upon the Board of County Commissioners/DOPA approval. On April 15, 1993, the Transportation Disadvantaged Local Coordinating Board (TDLCB) reviewed and approved the attached progress report and invoice. At that time, the TDLCB recommended that the Board of County Commissioners, in its capacity as the Transportation Disadvantaged Program Designated Official Planning Agency (DOPA), approve the attached progress report and invoice and forward'these to the TDC. ALTERNATIVES AND ANALYSIS Attached is a copy of the progress report and invoice for the January 1, 1993 to March 31, 1993 period. Finished products such as the TDLCB meeting minutes, by-laws, and reports are required to accompany all reimbursement invoices. These materials will be submitted to the state along with the reimbursement invoice and the progress report. The BCC/DOPA's alternatives are either to approve the transmittal _ of the Progress Report and reimbursement invoice as submitted, to approve transmittal of the Progress Report and invoice with revisions, or to deny the transmittal of the Progress Report and reimbursement invoice to the state. RECOMMENDATION The TDLCB and the staff recommend that the Board of County Commissioners/DOPA approve the Progress Report and reimbursement invoice #1, and direct staff to transmit the report and the invoice to the State of Florida Transportation Disadvantaged Commission. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commissioner Macht being absent) approved the Progress Report and Invoice #1 and directed staff to transmit the report and invoice to the Florida Transportation Disadvantaged Commission. REPORT AND REIMBURSEMENT INVOICE WILL BE PLACED ON FILE IN- THE OFFICE OF THE CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED 9 ROOK PAG F, DU L APR 2 7 1993 APSE JoN9.3 BOOK H. Cooperative Road Grading with City of Fellsmere The Board reviewed the following memo dated 4/21/93: TO: James Chandler County Administrator FROM: James W. Davis, P.E. Public Works Director SUBJECT: Cooperative Road Grading - Indian River County/City of Fellsmere 89 PACE 361.. REFERENCE LETTER: Mayor Renee Herrera to Honorable Fran Adams, dated March 26, 1993 DATE: April 21, 1993 CONSENT AGENDA I' Y • ► • 0 • X11 The City of Fellsmere recently purchased a new road grader, but currently has no operator. The county has a grader needing major repairs and has an idle grader operator. Both the City and County agree that we should combine resources to grade roads in the City of Fellsmere and the unincorporated Fellsmere area until we can both resolve our machinery/operator problems. Staff recommends that the County's grader operator be authorized to operate the City of Fellsmere's grader to grade city and County roads in the Fellsmere area on a temporary basis (not to exceed 6 months) until both, or one agency, agrees to cease such cooperation. The County will supply fuel. The City will supply major repairs if needed. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commissioner Macht being absent) authorized the County's grader operator to operate the City of Fellsmere's grader to grade city and County roads in the Fellsmere area on a temporary basis (not to exceed 6 months) until both, or one agency, agrees to cease such cooperation, as set out in the above staff recommendation. 10 I. Recruest for Floodplain Cut and Fill Balance Waiver - Michael Skiscim The Board reviewed the following memo dated 4/13/93: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: David B. Cox, P.E. Civil Engineer SUBJECT: Request for Floodplain Cut and Fill Balance Waiver for Part of Government Lot 10, Deed Book 26, Page 481 Michael Skiscim, 8530 Jungle Trail DATE: April 13, 1993 CONSENT AGENDA Carter Associates, Inc. on behalf of Michael Skiscim, the building permit applicant for a proposed single family residence on the subject property, is requesting a waiver of the cut and fill balance requirement of Section 930.07(2)(d) of the Stormwater Management and Flood Protection Ordinance. The parcel is located on the east side of Jungle Trail approximately one mile south of CR510 in Section 26, Township 31 South, Range 39 East. The special flood hazard areas inundated by the 100 year flood on this site are in Zone AE with base flood elevations of 8 and 9 feet N.G.V.D. The ten year stillwater elevation for the Indian River, at this site, established by the May 4, 1989 F.E.M.A. Flood Insurance Study is 5.0 feet N.Q.V.D. The proposed displacement of the floodplain below 5.0 feet N.G.V.D. for which the waiver is requested is estimated to be 217 cubic yards. ALTERNATIVES AND ANALYSIS The project meets the cut and fill balance waiver criteria provided in Section 930.07(2)(d)1. of being situated in an estuarine environment within the 100 year floodplain along the Indian River. The attached letter from the applicant's engineer, signed and sealed on April 13, 1993, certifies that all applicable Stormwater Management and Flood Protection Ordinance criteria will be met. A Type C Flood Management System Permit is required prior to issuance of a building permit. Approve the cut and fill balance waiver request. Alternative No. 2 Deny the waiver request and require re -design to accomplish an on-site balance of cut and fill. Staff recommends approval of Alternative No. 1 11 BOOK ®9 F -Au 362 APR 2 7 1993 BOOK 89 MCE •� . ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commissioner Macht being absent) approved the request of Michael Skiscim for a Floodplain Cut and Fill Balance Waiver for Part of Government Lot 10, Deed Book 26, Page 481, Michael Skiscim, 8530 Jungle Trail, as recommended by staff. J. Resolution accepting the Certificate of the County Canvassing Board ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commissioner Macht being absent) adopted Resolution 93-82, accepting the Certificate of the County Canvassing Board. 12 RESOLUTION NO. 93- 82- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ACCEPTING THE CERTIFICATE OF THE COUNTY CANVASSING BOARD. WHEREAS, on April 13, 1993, the County held a Special Election of the qualified electors on the question of whether Indian River County should be authorized, pursuant to Section 3, Art. VII of the state constitution, to grant property tax exemptions to new businesses and expansions of existing businesses; and WHEREAS, after the ballots were counted, the results were certified by the County Canvassing Board, which consisted of County Judge James B. Balsiger, Supervisor of Elections Ann Robinson, and Chairman of the Board of County Commissioners Richard N. Bird, and the Certificate, which shows that the referendum did not pass, was turned over to the Board of County Commissioners, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board hereby officially acknowledges receipt of the Certificate of the County Canvassing Board in connection with the above. The resolution was moved for adoption by Commissioner Eggert and the motion was seconded by Commissioner Tipp in , 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 Kenneth R. Macht Absent Commissioner Fran B. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this 27 day of April , 1993. ttes Jeffrey K.. Barton, Clerk � T � L- APR 2 7 1993 BOARD OF COUNTY COMMISSIONERS INDIAN RIV COUNTY, FLORIDA "e By Richard N. Bird Chairman 13 Bom PA,UE,364 r p c� BOOK 89 Fb;F.+�� APR ; CERTIFICATE OF COUNTY CANVASSING BOARD INDIAN RIVER COUNTY We, the undersigned, JAMES B BALSIGER ,County Judge, ANN ROBINSON, Supervisor of Elections, and RICHARD N. BIRD , Chairman of the Board of County Commissioners, constituting the Board of County Canvassers in and for said County, do hereby certify that we met in the office of the Supervisor of Elections on the 13th Day of April, A.D., 1993, and proceeded to publicly canvass the votes given for the offices herein specified at the Special Election held on the 13th Day of April, A.D., 1993, as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: FOR REFERENDUM, SHALL THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BE AUTHORIZED, PURSUANT TO S3, ART.VII OF THE STATE - CONSTITUTION, TO GRANT PROPERTY TAX EXEMPTIONS TO NEW BUSINESSES AND EXPANSIONS OF EXISTING BUSINESSES? The whole number of votes cast was 25,362 of which number: YES received / 2, () 7 � VOTES - NO z received z g VOTES Total ballots cast in Indian River County were 25,362 for 48.77% turnout. J•. K. Temporary Water Service Agreement with -Scott and Lisa Lambeth The Board reviewed the following memo dated 4/1/93: DATE: APRIL 1, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PIN*SERVICES DIRECTOR OF UTI PREPARED JAMES D. CHAST AND MANAGER OF ASS S NT PROJECTS STAFFED BY: DEPARTMENT OF TY SERVICES SUBJECT: AGREEMENT INDIAN RIVER COUNTY AND SCOTT W. AND LISA M. LAMBETH TEMPORARY WATER SERVICE BACKGROUND Scott W. and Lisa M. Lambeth have requested that temporary service be installed from the water line on 48th Avenue to service their property at 1405 46th Avenue, Vero Beach, Florida 32960, prior to the installation of a water main on 46th Avenue] ANALYSIS The Agreement states that the Indian River County Department of Utility Services (IRCDUS) shall provide temporary water service to Mr. and Mrs. Lambeth until such time that a water line may be constructed on 46th Avenue by assessment. They agree to pay all fees required to make this connection. They further agree to participate in the assessment and to reconnect to this water line as required by IRCDUS. The Department of Utility Services recommends that the Board of County Commissioners approve the attached Agreement with Mr. and Mrs. Scott W. Lambeth on the Consent Agenda. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commissioner Macht being absent) approved the Agreement for Temporary Water Service with Scott W. and Lisa M. Lambeth, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 15 APR 2 7 199 - BOOK FAGE 366 APR 27 1993 BOOK 09 FADE 367, L. Award of Bid #3082 - Flora Lane Water Service The Board reviewed the following memo dated 4/15/93: DATE: April 15, 1993 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Service FROM: Fran Boynton Powell, Purchasing Manager SUBJ: Award Bid #3082/Flora Lane Water Service Utilities Department BACKGROUND INFORMATION Bid Opening Date: April 7, 1993 Advertising Dates: March 24, 31, 1993 Specifications Mailed To: Forty -One (41)Vendors Replies: Four (4) Vendors ' VENDOR BID TABULATION - Timothy Rose Enterprises $27,016.27 Vero Beach, FL Driveways, Inc $30,454.50 Titusville,.FL _ A.O.B Underground $33,767.80 Indiantown, FL Treasure Coast Contracting $34,226.05 Vero Beach, FL TOTAL AMOUNT OF BID: $27,016.27 BOURCE OF FUNDS: Utilities General Impact Fees _- BUDGETED AMOUNT: $44,569.89 RECOMMENDATION: Staff recommends that the bid be awarded to Tim_othp Rose Enterprises as the lowest, most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. In addition, staff requests the Board's approval of the attached Agreement when all requirements are met and approved as to form by the County Attorney. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commissioner Macht being absent) awarded Bid #3082 to Timothy Rose Enterprises in the amount of $27,016.27, as recommended by staff. j4%-1ZFZ 0'_ EVF ( 5 ON Qt ,5' (N -fbl&- ®FrlLPE 0r - �,� Tun ®4f_® 0��� V 16 � � r M. Award of Bid #3075 - North County Treated Effluent Force Main Expansion The Board reviewed the following memo dated 4/15/93: ------------------------------------------------- DATE: April 159 1993 TO: BOARD OF COUNTY COMMISSIONERS THIAU: James E. Chandler, County Administrator B.T. "Sonny" Dean, Director Department of General Service FROM: Fran Boynton Powell, Purchasing Manager rr SUBJ: Award Bid 03075/North County Treated Effluent Force Main Expansion - Utilities Department ------------------------------------ BACHGROUND INFORMATION: - Bid Opening Date: March 24, 1993 Advertising Dates: Feb 16, 239 March 2,9 1993 Specifications Mailed to: Thirty -Five (35) Vendors Replies: Five (5) Vendors VENDOR BID TABULATION Tri -Sure Corporation $2149636.00 Auburndale, FL Derrico Construction $2459875.00 Melbourne, FL JoBear, Inc $2609972.75 Palm Bay, FL Treasure Coast Contracting $2659058.90 Vero Beach, FL Shopke $2699000.00 Melbourne, FL 41 TOTAL AMOUNT OF BID: $2149636.00 SOURCE OF FUNDS: Utilities General - Impact Fees BUDGETED AMOUNT: $2849750.00 RECOMMENDATION: Staff recommends that the bid- be awarded to Tri -Sure Corporation as the lowest, most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. In addition, staff requests the Board's approval of the attached Agreement when all requirements are met and approved as to form by the County Attorney. 17 APR BOOK 09 . FACE -368 BOOK 89 FADE 369 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commissioner Macht'being absent) awarded Bid #3075 to Tri -Sure Corporation in the amount of $214,636.00, as recommended by staff. %/x''440 -e71- 1''CrJ ilel e Al -1 ee f o t A -le J N. Administrative Building Alarm System The Board reviewed the following memo dated 4/14/93: TO: BOARD OF COUNTY COMMISSIONERS THRU: JAMES CHANDLER, COUNTY ADMINISTRATOR THRU: H.T. "SONNY DEAN, r DIRECTOR OF GENERAL SI ES FROM: LYNN WILLIAMS, / SUPERINTENDENT OF BUILDINGS & GROUNDS ,,,►r/ DATE: APRIL 14, 1993 SUBJECT: ADMINISTRATION BUILDING ALARM SYSTEM CONSENT AGENDA DESCRIPTION AND CONDITIONS: At the October 6, 1992 meeting of the Board of County Commission, Bid #3019 Alarm System Monitoring was awarded to National Guardian Security Services, Inc. The bid included monies for the conversion of the Administration Building System from a "listen in" system to infrared detection. At the time the bid documents were prepared, it was acknowledged that the "listen in" system could not be monitored by some companies. It was requested that vendors provide a dollar amount in the bid to convert to a system they could monitor. National Guardian included a very basic system since there was no set specifications. During the transition, staff requested National Guardian provide a proposal for a system which would improve protection of the building and reduce the number of false alarms. The system proposed includes a security card access system which will greatly reduce the number of false alarms and allow the building to be fully protected while occupied after hours. Further, the alarm detectors will be "glass break" sensors which are sound and air movement activated and installed throughout the building. The systems include provisions to record persons entering and exiting building after hours. This is accomplished by I.D. card numbers being recorded as an individual inserts their card at the designated doors. 18 - The access control system will allow authorized employees to enter the building at the entrance closest to their office and will remove the need for the access log now used. The main controller of the system will allow for the Tax Collector and other Constitutional's to act as a separate zone of our system. At present the Tax Collector is served by a stand-a- lone system requiring a separate monitoring fee. The separation of zones will allow response to a specific area of the building which is "in alarm" instead of the generalized alarm now received. ALTERNATIVES AND ANALYSIS: Alternate A - Direct Sale The total outright purchase of the proposed system is twelve thousand five hundred seventy four dollars ($12,574.00). Approximately six thousand dollars ($6,000.00) is available in the Buildings and Grounds Budget to be used for system replacement/enhancement. This money is due to the lower monitoring cost achieved during the bidding of the service. An additional six thousand five hundred dollars ($6,500.00) would be required t*o complete the outright purchase. Alternate B - Lease/Purchase - Three (3) Years The total three (3) year expense for a lease/purchase arrangement will be fifteen thousand six hundred dollars ($15,600.00) including installation, monitoring, maintenance and end of term buy out. The agreement requires a six thousand dollar ($6,000.00) installation payment and three thousand dollars ($3,000.00) in monitoring and maintenance in the first year. RECOMMENDATION AND FUNDING: Staff recommends approval of Alternate A (Direct Sale) based on the following; lower total cost and ownership would allow change of monitoring company if necessary. Staff recommends that the Chairman be authorized to sign the agreement. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commissioner Macht being absent) approved Alternate A - Direct Sale Contract, as set out in the above staff recommendation. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD is APK mocK � 7193 APP 2 7 199 bou 89 PAGE 371 0. Golf Ball Retrieval Services - "Lakes" Course Contract The Board reviewed the following memo dated 4/20/93: DATE: APRIL 20, 1993 TO: MEMBERS OF THE BOARD OF THRU: JAMES E. CHANDLER, COUN SUBJECT: GOLF BALL RETRIEV FROM: BOB KOMARINETZI DESCRIPTION AND CONDITIONS COMMISSIONERS NISTRATOR ICEf, !'LAMKES" COURSE CONTRACT OF GOLF Sandridge Golf Club is under a contract with International Golf, Inc. for golf ball retrieval services. The service is to dive the lakes on the "Dunes" golf course. Attached is a copy of the contract. International Golf, Inc. has proposed to pay Sandridge $2,500.00 for the same type of service for the new "Lakes" course, which will cover a period. of six months. Enclosed is the proposed agreement. Staff plans to terminate both agreements prior to September 30, 1993. Under a new agreement staff will select through the County competitive bid process a.contractor to perform the same type of services for the 1993-94 budget year. RECOMMENDATION Staff recommends Board approval and execute the contract with International Golf for the retrieval rights of the golf balls on the new "Lakes" course. Commissioner Adams felt that any type of self -renewal contract like this leads to a sort of good old boy feeling, and she wasn't very comfortable with having that type of agreement with anyone. She understood from the agreement that at the end of 6 months it doesn't go back out to bid. Bob Komarinetz, Director of Golf, advised that he plans to expire both contracts and then go out to public bid on a renewal. Commissioner Adams pointed out if we go out to bid and they have the right of refusal, the agreement says that if they meet the lowest bid, the contract is still theirs if they agree to that figure. Since we absorb all the costs of the bidding, she felt that is a lose, lose situation for us. We don't share any of their profits when they have a good year so we should not have to share any of their loss if they have a bad year. 20 Commissioner Eggert also was uncomfortable with a self -renewal contract and suggested that the contract just state that we will go out to bid after September 30, 1993. Deputy County Attorney Will Collins advised that if the intent is to terminate September 30 and then rebid, we could strike the second and fourth sentences in the second paragraph of the agreement: "Thereafter, it is to be a self -renewing contract and may be cancelled only by a written notice NINETY (90) DAYS PRIOR to the ending date of the contract." and "In the event that IGI does not have a successful ball recovery year, we could request a competitive bid be initiated and we would retain the rights to meet any bid." Commissioner Adams felt that would be fine, but had another concern. She preferred to have more money up front rather than them having the use of it until the end. Chairman Bird directed staff to keep these suggestions in mind when they go to rebid. Director Komarinetz explained that one of the reasons it was done this way is because the golf course just opened and there isn't enough of a supply to make a reasonable estimate. This is pretty much the standard agreement. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Commissioner Macht being absent) approved the contract with International Golf for the retrieval rights of the golf balls on -the new "Lakes" course, as amended. AGREEMENT WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED 21 APR p BOOK 09 PAGE •372 L-72 719 APR 2 7 BOOK REQUEST BY SHERIFF WHEELER TO PURCHASE PATROL CARS The Board reviewed the following letter dated 4/23/93: Okerfff 89 F.,GF 373 GARY C. WHEELER • INDIAN RIVER COUNTY MEMBER FLORIDA SHERIFFS ASSOCIATION MEMBER OF NATIONAL SHERIFFS ASSOCIATION 4055 41st AVENUE VERO BEACH, FLORIDA 32960-1808 PHONE 407-569-6700 April 23, 1993 DISTRIBUTION LIST 2324 Commissioners Commissioners �_ 4 �,, Administrator Honorable Richard N. Bird Chairman APR 1993 Attorney tg Board of County Commissioners tR RECEIVED w Personnel LO Public Works 1840 25th Street BOARD COUNTY Community D Vero Beach, Florida 32960 COMMISSIONERS ti y ev. Utilities Dear Commissioner'Bird: ��Ql�9Finance 6 Other The purpose of this letter is to request immediate consideration on April 27, 1993, by the Board of Commissioners, for funding to replace a , portion of the Sheriff's Office vehicle fleet. Background: The Indian River County Sheriff's Office operates a vehicle fleet of 162 vehicles to support the varied law enforcement and corrections operations. The large majority of these vehicles are specially equipped automobiles operating in a law enforcement environment. This environment places high stress on vehicles not normally associated with commercial fleets. In these high stress environments, lives of law enforcement officers as well as lives of citizens depending on law enforcement responses require the safe, efficient operation of these vehicles. The Indian River County Sheriff's Office operates an efficient maintenance program for it's vehicle , fleet. However, even the best of maintenance programs are suspect with older, high mileage law enforcement vehicles when hidden metal fatigue and corrosion occurs on major vehicle systems. To insure the safe and efficient operation of the Indian River County Sheriff's Office fleet, approximately twenty to twenty five percent of the fleet should be replaced on an annual basis. A variety of parameters are considered on choosing vehicle replacement including condition, age, mileage, and maintenance history. Current Indian River County Sheriff's Office Fleet Status: Our new administration has found the. status of the Indian River County Sheriff's Office vehicle fleet to be alarming. While there was a regular fleet replacement program in the 19801s, no new vehicles have been purchased since the purchase of eighteen vehicles in 1990. We have vehicles in the fleet as old as 1979. Fifty nine vehicles have well over 100,000 miles. An additional 10 vehicles are scheduled to reach that figure this summer. Maintenance frequency and expenditures have reached beyond acceptable levels. Because of the lack of attention to this program, we estimate that by the end of this year, the vehicle replacement requirements will reach 83 vehicles. No funding was requested for the 1992-93 budget to address even stop gap purchases of vehicles. 22 Current Administration: Through extreme belt tightening and reductions in costs, our new administration has executed .a vehicle lease/purchase program to obtain 38 new vehicles by this summer. Those monies we have saved will pay for that program through October 1, 1994. However, 38 vehicles do not begin to cover the 83 vehicle deficit we are experiencing presently. With rising costs coming with the Introduction of the 1994 model year, the most efficient answer is the placement of a large vehicle order prior to the cessation of the 1993 order process on April 29, 1993. Recommendation: From federal prisoners, Indian River County Sheriff's Office has turned over to the county or is ready to turn over the balance for a total $104,000 In funds. That money could be applied to a funding request for 45 vehicles bringing the fleet up to where it should be in 1993. Ten of the 45 vehicles are non emergency vehicles that could be purchased through Ford's Quality Plus Used Car Program at reduced costs. Using this cost savings measure, we estimate that the vehicle purchase to cost approximately $653,659. After subtracting the $104,000 in federal revenues, the total cost equates to $549,659. The purchase should be added as a budget amendment to the 1992-1993 Budget for the Indian River County Sheriff's Office. Accordingly for the reasons set forth in this letter, your immediate approval of this funding proposal is requested. Sincerely, 0 Gary.Wheeler, Sheriff i Indian River County �N Sheriff Gary Wheeler thanked the Commission for their quick response in adding his request to today's Agenda. The urgency of the matter is a 5-10% savings on purchasing new patrol cars from Ford Motor Company before April 29. He found this out just last week and wished to purchase 45 vehicles which is the number of replacements needed by the end of neat budget year to get back on track. Sheriff Wheeler realized the tight budget constraints of this fiscal year but was here hat in hand to ask for assistance in spreading the vehicle replacement costs over a longer period of time. Out of the 83 cars they have scheduled to buy, 70 will be put back into the patrol division where they will be put into emergency use and high speed situations. The cars that are in a little better shape will be moved on down the line. Currently, there are 59 vehicles that have between 100,000 and 200,000 miles on them. Out of the total fleet of 162 vehicles, 117 are of model years 1979-1988. The Sheriff's Department has not purchased any new cars 23 JUNK 2v Boa 8-9 PuE3 74 APR 2 7 1993 BOOK 89 pn `3 75 since buying 18 new Fords in 1991. They are finding that many of these cars are just worn out and even though they have a good maintenance program, these cars are off the road constantly for minor repairs. While they are off the road for repairs, it cuts down on the patrol coverage and is not an efficient way to continue to run the Department. Over the next year or two, he hopes to have this problem corrected completely with an annual capital expenditure within the vehicle program. Sheriff Wheeler advised that so far this fiscal year, they have given or are about to turn over to the County Commission a total of $104,000 in federal prisoner revenue, and anticipate turning over an additional $60,000-$180,000. Those monies and a potential 10% savings on ordering the new cars by the end of this week would give us an opportunity to replace our fleet and put safe cars back on the road. Chairman Bird referred to the last paragraph in Sheriff Wheeler's letter where it proposes that the cost of purchasing these cars will come from the $104,000 in the federal prisoner fund supplemented with $549,659, probably from contingencies, for a total of $653,659. Sheriff Wheeler advised that is the maximum, but whatever the Commission feels they can do comfortably certainly would help the situation. OMB Budget Director Joe Baird advised that at the request of the County Administrator, a few of the Commissioners, and Sheriff Wheeler, he looked into what the County could afford at this time. Taking into consideration that law enforcement is funded 40% from the general fund and 60% from the M.S.T.U., he felt the maximum we could afford to purchase would be 15 vehicles at $14,762.20 each at a total cost of $221,433. We would take the $104;000 federal prisoner revenue to offset that and it would come to $117,433, which would leave a remaining balance of $117,433. If we took 40% from the general fund, it would leave $607,654.80 and 60% from the M.S.T.U. fund would leave $157,683.20. Taking into consideration all the other obligations and what we have left in contingencies going into the hurricane season, that is what he felt we could afford at this time. Director Baird distributed copies of his recommendation. Sheriff Wheeler appreciated Director Baird's help and recommendation, but pointed out that if they ordered 29 cars, they could take delivery on them over the next several months and the cost could be spread out and offset by the revenue coming into the BCC from the federal prisoner revenues. _ 24 M M M Commissioner Adams asked how much of the anticipated $104,000 has been turned over to the county at this time, and Sheriff Wheeler advised that at this point they have, or will be, turning over $104,000 to the County and anticipate more by the end of this fiscal year. Commissioner Adams was concerned that this $650,000 request came through in the form of a letter as she really felt this should come through the regular budget process. Sheriff Wheeler noted that parts and repairs are costing us $3400 per car on some of the older model cars, which is roughly 25% of what it would cost to replace a car. Administrator Chandler pointed out that in arriving at the recommendation of purchasing 15 vehicles, staff took into consideration that 38 new vehicles are scheduled to be leased this summer under a lease/purchase arrangement. Those 38 vehicles plus the proposed 15 gives 53 new vehicles on line for replacements. In their recommendation they not only looked at the impact of the budget but also officer safety and that of the public because down time affects coverage and coverage affects response time. Chairman Bird felt the savings obtained through the early purchase of these cars was important, but he stressed that the most - overriding factor is the safety of the officers in their protection of the public. If he could be convinced that the primary reason for purchasing these vehicles at this time is one of safety rather than savings, he would be more comfortable in agreeing to take a certain amount out of contingencies. Sheriff Wheeler stressed that safety is the primary reason because when you have fewer cars on patrol, you cannot cover the patrol zone effectively. Every time a car is off the road for repairs, it cuts down on the protection of the citizens of the county, and officers certainly would be safer driving new vehicles. Commissioner Eggert shared the same concerns as Chairman Bird. She recalled that at last year's budget sessions when she asked several times why there were not any patrol cars in the budget, she was told (or lead to believe, anyway) that all the cars had at least 3 years on them. However, nobody said that they were safe and efficient years. She realized that we cannot begin to cover this whole amount, but a lot of it does need to be put in next year's budget and treated openly. She could go with the purchase of 15 vehicles on an emergency basis because she felt this is a really serious problem. Commissioner Eggert commended Director Baird for pouring over the figures and coming up with this recommendation. 25 PR BOOK $9 F-AcF:376 2 7 199 AM 2 7 1993 p BOOK 89 PAGE 377 Commissioner Tippin advised that he went over to the Sheriff's Administration Building and spent a lot of time with Sheriff Wheeler and his people. He asked a lot of questions and has no doubt there is a problem with the older model cars; however, he had a problem in purchasing all the cars needed at this time. Even though it would be a bargain, we would have to borrow at high interest rates. He had no problem with the $104,000, but would have problems digging deeper. Commissioner Adams agreed with Commissioner Tippin about paying for these cars out of contingencies at this time. She pointed out that her car has over 100,000 miles on it and she drives it hard. She felt we should look at just purchasing the necessary cars. Chairman Bird suggested a -compromise of taking the $60,000 from contingencies and advancing that amount to the amount anticipated from the federal prisoner revenue. Commissioner Adams pointed out that as a former Commissioner, _ Sheriff Wheeler had sat through budget sessions for several years knowing that no new vehicles were being purchased. Sheriff Wheeler responded that the information he received wasn't accurate. He would be pleased with the approval to purchase 15 vehicles. MOTION WAS MADE by Commissioner Tippin, SECONDED by Commissioner Adams, that the Board authorize the expenditure of $104,000 from the federal prisoner revenue and the projected $67,500 to purchase as many vehicles as possible with that amount. Under discussion, Director Baird advised that he would increase the Sheriff's anticipated revenue by $171,500 and increase the capital automobile expenditure line item by $171,500, with nothing to come out of contingencies. Commissioner Eggert noted that comes out to just over 11 cars and one motorcycle. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously (4-0, Commissioner Macht being absent). Sheriff Wheeler thanked the Board for their assistance and Director Baird for his -efforts and cooperation in coming up -with this recommendation. 26 DISCIIBBION REGARDING AABASSO FLEA MARKET Commissioner Adams advised that she added this to today's Agenda after receiving numerous phone calls from residents in the Wabasso area who wish to continue frequenting the flea market activities in the old post office building. Community Development Director Robert Keating advised that this matter came up before the Code Enforcement Board yesterday. Activities taking place at 87th Street in Wabasso meet the definition of a flea market according to our Code. Our definition of a flea market is very specific and based on the information we have gotten and personal observation by some of the staff, the use constitutes a flea market. According to the Code, flea markets are allowed as administrative permitted uses in the CH and IL zoning districts. They are administrative permit uses because that allows additional criteria over and above those that would be applied to any permitted uses to be established and applied to these uses when they come in. Generally, it has been the County's position in the past to discourage flea markets, particularly in the lower intensity districts like CL which have high visibility because they are along major roadways and associated with a lot of retail. Flea markets are allowed in districts that have industrial uses, warehouse uses, and contractor trade uses. Generally, that has worked well in the past and seems to make sense. Some of the characteristics of flea markets is that generally they are not aesthetic and are not perceived as the best -looking use out there. If they are not carefully controlled, they will develop noise and traffic circulation problems and have other adverse effects. This particular flea market activity is located in a CG district, and CG does not allow flea markets. All the indications are that even though the use is not allowed, the scope of the activity is kept moderate and there are not any actual problems with it at the present time. It is hard to say that this particular use should not be allowed there since it seems to be working out. This went to Code Enforcement because there was a complaint. If this use is allowed in one particular situation, it has to be allowed in all similar situations. Therefore, if this particular use is deemed appropriate for General Commercial (CG), then it would have to be allowed generally throughout the CG districts with the same restrictions and conditions. In'other circumstances, there is no guarantee that the use would be as well maintained or as well conducted. Staff has looked at several ways to solve the situation. One would be to rezone to CH zoning, but a site plan would have to be approved and any necessary infrastructure put in. Another would be a change in the Land Development Regulations 27 APR 71993 boa 89 P,* -378 APR 27 1993 BOOK 89 PAGE 79 --1 allowing flea markets in CG zoning. Staff recommends that the activity move to a site that is appropriately zoned. Director Keating stressed that staff needs direction from the Board on County policy on where these uses should occur and how they impact the county generally. Nancy Fletcher, stated that she rents space from Graves Bros. in the building that used to house the post office, and she and the Graves' have been cited by the Code Enforcement Board. Many businesses have moved away and when the post office moved, it was another nail in the coffin, but the old building remains a place of old-fashioned neighborly activity. Mrs. Fletcher pointed out that the type of flea market activity that staff is describing is the type of thing where neighbors come in and ask if someone needs or has a particular item they would like to sell or buy. It is a community meeting place, just like it was when it housed the post office. There is no other place around there for people to meet. Mrs. Fletcher took exception to staff identifying this activity as a flea market. Staff had suggested that the zoning be changed on this plot of land, but she doesn't have the money to initiate that and Mr. Graves doesn't want to spend the money either. As a solution, she suggested using the provision for a temporary special use permit which is used for seasonal merchants. Another option is to redefine the activity. She refers to the activity as yard sales, which she understands is legal in a CG District. Mrs. Fletcher emphasized that there were a lot of people yesterday at the Code Enforcement meeting who are strongly in favor of the activity remaining in that location. Commissioner Adams suggested that perhaps temporary special use permits would be the answer if we took them on a one by one basis. Planning Director Stan Boling explained that temporary permits are set up for special events, not regular activity. The only thing that the regular use might fall into -is roadside stands selling fruits and vegetables. Commissioner Eggert suggested that consideration be given to the fact that these people are not selling out of booths and that the building is a meeting place for the community. Commissioner Adams advised that she has received 50-60 calls this week from people wanting this activity to continue. She felt that we need time to try to work something out, and she would like staff to look at this and come back with a recommendation. Chairman Bird was concerned that if the activity proves to be increasingly popular, it could outgrow itself which is when the complaints start coming in. 28 Commissioner Adams felt that it could be controlled for the 6 - month period by limiting the number of tables, limiting rental of the tables to residents of the area, etc. Commissioner Eggert wished to see some special permitting for this situation on a 6 -month basis. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Adams, that the Board direct staff to investigate to try to find a way to allow this use under a special 6 -month permitting with whatever restrictions are deemed necessary. Under discussion, Larry Ray of Wabasso circulated a picture of the activity which was taken by a security guard at Hale Groves. Mr. Ray explained that this man was upset because his friend was closed down and he put the pressure on to shut down this activity. However, this man has said that he won't do it anymore because he realizes he was wrong in doing it for the reason he did it. Mr. Ray urged the Board to allow the activity to continue at the old post office, emphasizing the neighborly quality of meeting and swapping information. The people are happy with it and the whole Wabasso community is watching what is happening because it seems that on Sunday everybody looks forward to going over there. There hasn't been any problem with drinking, etc. Commissioner Eggert assumed that if a temporary permitting situation is allowed, it would have to be done with the approval of the owner of the property. Director Keating advised that staff will research it and come back to the Board in about 3 or 4 weeks' time. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously (4-0, Commissioner Macht being absent). PUBLIC HEARING - RESOLUTION EXPANDING THE BOUNDARIES OF THE COUNTY SEAT TO ENCOMPASS THE LOCATION OF THE SHERIFF'S OFFICE AND JAIL The hour of 9:05 o'clock having passed, Deputy County Attorney Will Collins announced that this Public Hearing has been properly advertised as follows: 29 BOOK 89 000 APR 2V 1993 � VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the ? Court, waspub- fished in said newspaper in the issues of J Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this day of A.D. 19_ !(Business Manager) (SELL) o BOOK o9 PAG -r 381 . I The Board Ofty C stoners Of Indian River Cotmty, Florida }�reby provides notice of a Pubye Hovrft sdmduled for 9:05 a.m. On entified.Tuesday, AWd 27, d=m the following proresokition posed : I A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN I I RIVER COUNTY. FLORIDA EXPANDING THE BOUNDARIES of THE COUNTY 1 t` SEAT TO ENCOMPASS THE LOCATION OF THE SHERIFF'S OFFICE AND JAILany_ which any be madeAnyone whoeaat the Pwish tou �Hearug on Apt 27, 1993, w8 need to ensure that abatan recall of the proceedings Is made, which includes testimony and evidence upon which the appeal is based Anyone rneet g �y needs Canty a special was Arr sic a for - this with Disabilities Act (ADA) Coodinata at 567 ext. 408 at least 48 haus tln advance of meetlrng. April 16,1993 992321. , Attorney Collins advised that even though we have had one public hearing on this matter, the law relating to expanding the county seat requires that the two public hearings be held no less than 10 and no more than 20 days apart. Due to the cancellation of the April 20 meeting, we are going to have to consider this the first public hearing and advertise for another on May 11, 1993. 30 Chairman Bird opened the public hearing and asked if anyone wished to be heard on this matter. There being none, he closed the public hearing. The Board scheduled the final public hearing for May 11, 1993 at 9:05 o'clock A.M. PUBLIC HEARING - REQUEST FOR SPECIAL EXCEPTION USE APPROVAL TO CONSTRUCT A SELF-SERVICE STORAGE FACILITY - XARL HEDIN The hour of 9:05 o'clock A.M. having passed, the Deputy 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 a4rrl�a in the matter of J`4W,1,1' In the Court, was pub- lished in said newspaper in the Issues of Affiant further says that the said Vero Beach Press -Journal Is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published In said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, fora period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. / Sworn to and subscribed befoft:Fle 11is )� `fay of` A A. 19 7 3 (SEAL) W 40 (Bu6iness Manager) 31 . � .-.i�:� . ism• n X rno �. :RS-S' Subject IS a Site 1• XX.* k: h A: .'CL Iair"\ R___ __ I s.R. s ss NOTICE of PURM HEAM t Notice of hearing tO RR s1' the 9ran8n9 of SPO' CIM emeptlon approval for a seff-SWAN storage fa-, of - The eject Ixop r b = owned by Karl 4, Towrddp -338 ;,d RRop 3M See the above map for the i A public hawkV at which Parties In interest end dkens ahal have an oWwW" to be heard, WE ,be heid by the Board of Canty cwmft Onem of kion pmambers Cafteft Ca+ny FWft Inthe AO*Wnft I?LId''i •t+g, located at 1810 251h Street veru beach, Flar- Ide on Tuesday. Apra 27,1883 et 8A5 een ny d _ Anyone who may. wish to ' • aedsbn• IwMch may be made_ et iHe � deed to en Igg +hal& wlider traiudaeae testimony and WWW qWW A ^..^, 18 . FtDURS 81, ADVANCE . of •THE MET-' .�.. piplAN RIVER l:'OUNTV " ,a . `ApAli.1y-N c't 1' t 807 ApI� 2 F(19BOOK 89 Fa,,F 982 � 93 J r APR 2 7 1993 BOOK 89 uGE 383 -7 The Board reviewed the following memo dated 4/13/93: TO: James Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert M. Keat Ing, JgCP Community Development Director THROUGH: Stan Boling,; AICP Planning Director FROM: John W. McCoy, AICP 11 W� Senior Planner, Current Development DATE: April 13, 1993 SUBJECT: Karl Hedin's Request for Special Exception Use Approval to Construct a Self -Service Storage Facility It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 27, 1993. PROPOSED DEVELOPMENT AND LOCATION BACKGROUND: James W. Young & Associates Inc. has submitted an application for _ major site plan and special exception use approval on behalf of Karl Hedin to construct a self-service storage facility. The proposed facility will be located on a 1.23 acre parcel of property just behind the Keith's Oil Can on S.R. 60. The subject site is zoned CL (Limited Commercial), a district which requires special exception use approval for a self-service 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 and may attach any conditions and safeguards necessary to mitigate impacts and to ensure compatibility of the use with the surrounding area. At its March 25, 1993 meeting, the Planning and Zoning Commission voted unanimously to grant the applicant's request for major site plan approval, contingent upon special exception use approval by the Board of County Commissioners. The Commission also recommended that the Board of County Commissioners approve -the special exception use request. If the Board of County Commissioners approves the special exception use request, then the major site plan approval will automatically become effective. ANALYSIS: 1. Size of Development Area: 1.23 acres or 53,579 sq. ft. 2. Zoning Classification: 3. Land Use Designation: CL (Limited Commercial) Commercial/Industrial 32 4.- Building Area: 19,442 sq. ft. _ Note: -There will be six individual buildings ranging in size from 765 sq. ft. to 71230 sq. ft. 5. Total Impervious Area: 37,970 sq. ft. Note: This includes 3,206 sq. ft. of off-site paving, to construct an access drive to the site. 6. Open Space: Required: 25% Provided: 29% 7. Traffic Circulation: The site will use the driveway that currently serves, Keith's Oil Can and will be accessed through the Oil Can site. The Oil Can's access drive bisects its east property line, splitting the existing driveway down the centerline. The existing driveway is located within an existing cross -access easement. To extend the driveway back to the subject site, the applicant will need to obtain an access easement from the adjacent property to extend the driveway along its present alignment. The access easement will need to cover the portion of the new driveway to be located on the adjacent property. A recorded copy of this access easement will need to be forwarded to planning staff prior to site plan release. The traffic engineering division has reviewed and approved the internal circulation plan, which includes reducing the driving aisle from 30' for two-way traffic to 20' for one-way traffic. The driving aisle reduction meets the required technical criteria, since a one-way driving aisle is required to be 12' in width. A 10' reduction for one-way operation is warranted. 8. Off -Street Parking: The applicant has conducted a no -similar use parking study that indicated 8 parking spaces are necessary to meet the parking demand for this project. The Public Works Director has reviewed and approved this study; by approving the site plan, the Planning and Zoning Commission approved the parking study. The applicant's plan accommodates 8 parking spaces. 9. Stormwater Management: The Stormwater Management plan has been approved by the Public Works Department, and a Type "A" permit will be issued. 10. Landscape Plan: The landscape plan is in conformance with Chapter 929, and includes a Type "B" buffer along the north and west sides of the site. il. Utilities: There will be no water or sewer service to these buildings. (Note: the applicable specific land use criteria prohibits utilities connections.) The buildings will be supplied with electricity for exterior lighting only. This lighting will be mounted on the buildings, with the lights located. below the roof line- to use the buildings along the rear of the property for shielding. 12. Dedication and Improvements: None are applicable to this project. 13. Concurrency: The applicant has obtained an initial concurrency certificate for this project. Therefore, all applicable concurrency requirements are satisfied. 33 ASK 2 7 1993 BOOK 89 PAGF..384. r APR 27 1993 BOOK 89 FAcr `985 14. Specific Land Use Criteria: The applicant must satisfy the following specific land use criteria: (1) Storage unit interior areas shall not exceed ten (10) feet in height. (2) Storage units shall not exceed one hundred fifty (150) square feet in size. (3) Outdoor storage is prohibited. (4) All outdoor lights shall be shielded to direct light and glare only onto the self -storage facility premises. _ Light and glare shall be deflected, shaded and focused away from all adjoining property and road rights-of-way. (5) Self-service storage. facility sites shall not exceed three (3) acres in gross area. (6) Notwithstanding the applicable buffering requirements contained in section 911.10, a type B landscape -buffer with six-foot opaque feature shall be provided between all structures and adjacent properties zoned for single- family residential use. (7) A building containing storage units shall not exceed ten thousand (10,000) square feet in floor area each and shall not exceed one hundred thousand (100,000) square feet of floor area for all buildings. (8) Access shall only be to arterial or collector roadways and in no case through areas zoned for residential use. (9) No utilities (other than air conditioning) may be supplied to storage units. (10) Hours of operation shall be limited to between 6:00 a.m. and 8:00 p.m. Prior to the issuance of a certificate of occupancy, the applicant shall provide appropriate signage on the site stating the hours of operation of the facility. (11) Buildings may not exceed fifteen (15) feet in height. The application satisfies all specific land use criteria, provided that criterion 10 will be met prior to the issuance of a certificate of occupancy. To satisfy criterion 10, a condition of the applicant's site plan approval states that prior to the issuance of a C.O., signage stating the site's limited hours of operation shall be installed. 15. Surrounding Land Use and Zoning: North: Single Family Homes/RS-6 South: Keith's Oil Can/CL East: Vacant/CL West: Single Family Homes/RS-6 RECON MENDATI ON : Based on the analysis performed, staff recommends that the Board of County Commissioners grant special exception use approval for the self-service storage facility. — 34 The Chairman opened the Public Hearing and asked if anyone wished to be heard in the matter. Larry Burnett, a new homeowner on 47th Terrace near the end of the cul-de-sac noted that he had no objections at this time, but wished to know more about this operation, specifically the roadway and the buffer. Planning Director Stan Boling explained that there will be no - access from the rear of the property. The buffering calls for the understory to be 6 -ft. opaque vegetation plus 32 canopy trees along the perimeter. The units can be accessed between 6:00 A.M. and 8:00 P.M. This is for personal storage only, not commercial. These are very small units without any lights and no businesses can be operated out of them. There being no others who wished to be heard, the Chairman closed the Public Hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Commissioner Macht being absent) granted special exception use approval for the self-service storage facility, as recommended by staff. RESCHEDULING OF JOINT MEETING WITH CITY OF VERO BEACH TO: Board of County Commissioners DATE: April 21, 1993 FILE: Joint Meeting With SUBJECT: City of Vero Beach FRO• James E. Chandler • County Administrator REFERENCES: Acting City Manager Tom Nason advised that a councilman will. be out of town on the proposed joint meeting date of April 30. As a result, the city suggests a date after May 4. He also 'indicated two city item's for the agenda will be: 1) discussion of beach management including the dewatering project and artificial reefs; and 2 ) maintenance of the Center for the Arts and Riverside Theater property. 0161 BOOK 89 PAGE,•3 APR 2 7 199 APR 2 71993 BOOK 09 PA -E387 The Board rescheduled the joint meeting with the City of Vero Beach for Wednesday, May 5, 1993 at 3:00 o'clock P.M. in the First Floor Conference Room of the County Administration Building. APPROVAL OF OSLO RIVERFRONT MANAGEMENT PLAN AND FIND GRANT APPLICATION The Board reviewed the following memo dated 4/21/93: TO: James E. Chandler County Administrator DEPARTMENT HEAD CONCURRENCE: obert M. a ing, ICP Community Develop nt Director FROM: Roland M. DeBlois, AICP Chief, Environmental Planning DATE: April 21, 1993 RE: Request for County Commission Approval of Oslo Riverfront Management Plan and FIND Grant Application It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of April 27, 1993. DESCRIPTION AND CONDITIONS The Oslo Riverfront property is approximately 300 acres of coastal/tropical hammock, scrubby flatwoods and estuarine wetlands north of and surrounding the Florida Medical Entomology Laboratory (FMEL) on Oslo Road. This property was jointly acquired by the County and the St. Johns River Water Management District (SJRWMD) in August, 1991. Since then, staff has developed a draft management plan for the Oslo Riverfront property. It is now requested that the Board of County Commissioners approve the draft plan for submittal to the SJRWMD for their concurrence, and authorize staff to apply for Florida Inland Navigation District (FIND) grant funds for site improvements. Management Plan In accordance with an Intergovernmental Management Agreement executed by the County and the SJRWMD in November, 1991, county staff has drafted a management plan for the Oslo Riverfront property. A copy of that plan is attached to this agenda item. 36 The Management Agreement provides that the County has the primary responsibility for drafting a management plan relating to non - wetland areas of the property, as well as for the development and operation of any recreational and educational facilities on the property. The SJRWMD is primarily responsible for the management and restoration of the wetland area. The draft management plan was developed with input from representatives of the FMEL, the Indian River Mosquito Control District (IRMCD), the Environmental Learning Center (ELC), the local chapter of the Florida Native Plant Society (FLAPS), and the County Planning and Engineering Divisions. Once the draft receives preliminarily approval from the Board of County Commissioners, it will be forwarded to the SJRWMD for their review and concurrence. FIND Grant Among its other activities, the Florida Inland Navigation District provides grants to local governments for waterfront improvements along the Intracoastal Waterway. Certain improvements proposed for the Oslo Riverfront property potentially qualify for FIND grant funds. At this time, FMEL and Mosquito Control District staff are finalizing a -draft of a FIND grant application (attached) for the property, and propose that Indian River County sponsor the application in cooperation with their agencies. The application would result in no cost to.the County. The FIND grant application deadline is May 1, 1993. The County Land Acquisition Advisory Committee (LAAC) has reviewed the draft management plan and FIND grant application, and recommends that the Board approve the plan and authorize staff's submittal of the grant application. ALTERNATIVES & ANALYSIS Improvements Description Site improvements proposed at the Oslo Riverfront property generally consist of walking/hiking trails, with wooden bridges and boardwalks to traverse wetlands and drainage ditches. On the east side of the mosquito impoundment area along the Indian River Lagoon, an observation platform and canoe dock are proposed. Limited parking and a rest room facility are proposed in an area presently dominated by Brazilian pepper, thus minimizing native plant community impacts. Also planned is the removal of nuisance exotic species such as Brazilian pepper. Exotics throughout the property will be removed via the use of the herbicide Garlon. Costs and Funding It is anticipated that funding for site improvements will come from state grants, such as the FIND grant described herein. Also, upland habitat mitigation funds are available as a potential funding source for site restoration and management. Overall site improvements are estimated to cost between $150,000 and $200,000. The FIND grant application proposed herein would account for +$66,000 of that amount. Once the property is developed, annual maintenance costs are expected to be incorporated into the operating budget of the County 37 APRY M3 I BOOK 89 FAGF :389 Parks and Recreation Division. Citing an example of yearly maintenance costs used at a recent public land acquisition workshop, conservation lands with passive recreational use generally cost approximately $25 per acre per year to maintain. In this case, that would translate to +$7,500. However, that figure will likely be closer to +$1,600 per year, because a substantial portion of the property is impounded wetland, and costs for maintaining the impoundment will be absorbed by the Mosquito Control District. As proposed, site improvements reflected in the management plan are consistent with the Intergovernmental Management Agreement executed by the County and SJRWMD in November, 1991. The improvements are also consistent with the policies of the County Land Acquisition Guide, calling for recreational use compatible with the conservation of natural resources. RECOMMENDATIONS Staff recommends that the Board of County Commissioners approve the Oslo Riverfront Property Management Plan. Staff also recommends that the Board sponsor a FIND grant application in cooperation with the FMEL and Mosquito Control District for water -related improvements on the site, consistent with the management plan. Commissioner Eggert asked the total amount the County is committing to, and Roland DeBlois, Chief of Environmental Planning, advised that we are committing that over a number of years the County will make improvements on the property equivalent to approximately $99,000, some of which is in-kind by volunteer services and some from other grants. It does not include maintenance which is projected to be $2100 or less. Commissioner Eggert wanted to be certain that we are understanding totally what the County is committing to; not only in the grant but in the overall picture. Community Development Director Robert Keating advised that there was considerable discussion at the LAAC meeting regarding the estimated maintenance costs and a ball park figure was thrown out with the anticipation of a lot of volunteer activity. We don't look at this as being management intensive from having sod and other characteristics that require a lot of work. There wouldn't be any on-going permanent staff at this facility. Commissioner Eggert asked if they had looked at a worst case scenario if they weren't able to get volunteers, and Director Keating explained that the volunteer services will be related to providing programs and taking groups through. Guided tours probably would not be done if the volunteers weren't there. _Two 38 other LAAC sites are in close proximity to this which will facilitate joint maintenance.. Chairman Bird felt strongly that if these lands are going to be operated as parks, the Parks & Recreation Committee should be more involved in the planning process. ON MOTION by Commissioner Adams, SECONDED by - Commissioner Eggert, the Board unanimously (4-0, Commissioner Macht being absent) approved the Property Management Plan and adopted Resolution 93- 83 for assistance under the Florida Inland Navigation District Waterways Assistance Program, as recommended by staff. 1'eO1_,Zr6_7_ RE50LUTION NO. 93_g3 RESOLUTION FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE Indian River County Board of County Commissioners (hereinafter "the Board") is interested in carrying out the following described project for the enjoyment of the citizenry of Indian River County and the State of Florida: Project Title: Developing Educational Opportunities and Evaluating Resource Potential for Indian River County's "Oslo Riverfront Park" Total Estimated Cost: $184,500 Brief Description of Project: The project will provide multiple educational opportunities for waterways -related systems, and will provide shoreline stabilization via the removal of nuisance exotic vegetation from the project area, replaced with planted native species. In addition, a +200' wetland crossover, a +120' wetland boardwalk, a +20' high observation tower, and a +120' observation/fishing/canoe dock will provide multiple opportunities for education and waterways -related activities. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the Board that the project described above be authorized, AND, be it further resolved that said Board make application to the Florida Inland Navigation District in the amount of 36 % of the actual cost of the project in behalf of said Indian River County residents, 39 APR 271993 POKt 89 FACE 3�Q I 'BOOK ea"F � APR 27 1993 RESOLUTION NO. 93-83 AND, be it further resolved by the Board that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 16T-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. 3. That it has the ability and intention to finance its share of the cost of the project and that project will be operated and maintained at the expense7,of said Board for public use. 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND, if requested, a post - audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the Indian River County Board of County Commissioners at a legal meeting held on the 27th day of April, 1993. Richard N. Bird, Chairman Board of County Commissioners of Indian River County Form No. 90-11 Rev. 10-14-92 \rl\waterways 40 5Jef rey K. Barton, Clerk Board of County Commissioners of I dian River County Indi2n Rim U Approved Date Admin. -5, (� q -, U rr I Legal r.L_ &/jzS-' :X Budget Risk Mgr. N M M M REQUEST BY VISTA ROYALE TO BE INVOLVED IN THE PLANNING PROCESS OF OSLO RIVERFRONT PROPERTY Richard Coupe, president of Vista Royale Association, Inc., presented the following request dated 4/26/93: AW%Uftqt,Z- - -V Lsia Roya I a i Board of County Commissioners Indian River County Administration Building Vero Beach, Florida April 26, 1993 Dear Commissioners, The recent article in the Vero Beach Press Journal relative to a new County Park: on the Indian River, east of Vista Royale, has been enthusiastically discussed by the residents of Vista Royale. We appreciate your efforts to make South County an even better place to live. The enclosed diagram outlines a dream that many Vistaites have had for nearly twenty years. Of course, we understand that every request can not be honored but we know that this might be the best timing for such a plan. It might also be a appropriate time to include a previous dream - a sidewalk: from the south entrance of Vista Royale to Vero Square South, which would make the park: accessible to our residents if the proposed hiking trail and fishing pier can not become part of the overall plan. We are looking for a healthy and safe medium for the increasing number of residents, who desire another way to get their daily exercise while picking up a few items at this neighboring mall. Sincerely, Richard 7. Coupe P President Vista Royale Association, Inc. 400 Woodland Drive • Vero Beach, Florida 32962 • Telephone 569-5983 41 L_ APR 271993 BOOK 89Fr,'QF3- 9, 2 I � APR ��`, BOOK 89 Fm�� 1AVIAN RM p1topmo WF -T LANDS Z38 ACRES �'�OR.IDR POwER1JlVE y s �► r� s s _s PIER MOAN RIKK WET LANPS , 4 ,z Q `-&W ~ -.�- — MW ac RC,DIS`PL ANT A i ��yyLL Z �CLU�3EW Q �- Dowo 1nboD�[AND p�• .. VISTA ROYALE K J Sam Elliott, member of the board of directors of Vista Royale Association, Inc., noted that since the County took over the disposal plant, the residents cannot get down to the power lines anymore and they are wondering if there is any possibility of having some kind of a trail down to the river. Deputy County Attorney Will Collins advised that the County cannot spend public funds for private purposes. If the hiking trail is limited to residents of Vista Royale and no accommodations are there for members of the public to use it, the County cannot spend money there. If the trail can be made without the expenditure of funds and without doing damage to the management plan for the riverfront property, it might be accommodated with the consent of the St. Johns River Water Management District. Mr. Elliott felt this is a Catch 22 situation because the Association cannot spend money on something outside the common grounds. Their complex is not small, it has 1512 units. They have 42 their own private roads which are accessible to the public. He suggested that perhaps the County could change their bylaws so that something can be done. He urged the Commission to authorize whatever can be done to provide a safe place for people to walk to that area. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT - STORMWATER TREATMENT The Board reviewed the following memo dated 4/19/93: TO: James E. Chandler, p0��N0�1C� County Administrator, ,L FROM: James W. Davis, P.E., !!l��68L95�5, Public Works Directo - SUBJECT: St. Johns River Water Management District Stormwater Treatment Requirements REF. MEMO: Michelle Gentile to James Davis dated April 8, 1993 DATE: April 19, 1993 Prior to SJRWMD regulating stormwater treatment, the County Public Works Department paved as many as twenty roads a year using petition paving and gas tax revenue. Recently, the County Engineering Div. has been required to retain stormwater in road right-of-way retention areas and submit lengthy stormwater permit applications to SJRWMD for a permit. Usually, the application is 40-50 pages of exhibits, calculations, etc. for each project. Some applications take as many as three weeks to develop. As noted in the attached memo, the SJRWMD staff is now indicating that when paving county roads, the county will have to treat at least the runoff from the first 1 of rainfall from not Just right- of-way areas but the entire subdivision area, including houses, yards, etc. The 50'-60' wide right-of-ways do not contain enough surface area to store this runoff. When a significant rainfall occurs, the citizens and property owners call the Public Works Department and complain that street swales are flooded and the water cannot drain out. We explain the State's water quality requirements, but they are not receptive to this explanation. The bottom line regarding this policy is that the petition paving program will suffer another setback. Studies funded by Florida DER have proven that turbidity loading and suspended solids from unpaved road runoff contribute two million pounds of silt in the Indian River in our County. This is a major source of water pollution, covering grass beds and choking aquatic life. I plan to discuss this issue with SJRWMD staff and try to have this policy relaxed. I feel the County Commission should be advised, since such projects as Vero Lake Estates, Floral Park and Ranch Estates may be delayed. Please contact me if you have any questions. 43 APR 2 71993 Boa 89 FnF.319.4 APR 27 BOOK Public Works Director Jim Davis advised that staff is planning on attending a meeting next week in Indialantic to oppose the SJRWMD requirements because they are delaying some of our petition paving projects. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the _Board unanimously (4-0, Commissioner Macht being absent) authorized staff to vigorously oppose additional stormwater treatment requirements. FINAL RELEASE OF RETAINAGE - ENGINEERING SERVICES FOR INDIAN RIVER BOULEVARD PHASE IV, GLACE AND RADCLIFFE, INC. The Board reviewed the following memo dated 4/12/93: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E.,, Public Works Director FROM: Terry B. Thompson, P.E. Capital Projects Manager SUBJECT: Final Release of Retainage Engineering Services for Indian River Boulevard, PhaseV I Glace & Radcliffe, Inc. DATE: April 12, 1993 DESCRIPTION AND CONDITIONS Glace & Radcliffe has completed the engineering design of Indian River Boulevard, Phase IV. On Feb. 6, 1990, the Board reduced the retainage from 10% of the contract amount, $28,582.50,_ to $15,000. On June 6, 1990, the Board reduced the retainage to $5,000. Glace & Radcliffe is requesting that the County release the $5,000 that is currently being retained. Construction of 41st Street and 45th Street from US 1 to Indian River Boulevard was not included in the scope of work that was awarded to Dickerson, Florida on April 6, 1993 because the right of way has not been acquired. Glace & Radcliffe completed design on these two east/west connectors as part of the Phase IV design, but additional engineering services may be required for 41st Street and 45th Street after the right-of-way has been acquired. RECOMMENDATIONS AND FUNDING Staff recommends final release of retainage in the amount of $5,000 be made to Glace and Radcliffe, Inc. The final pay request includes $387 for printing and reproduction for a total amount due of $5,387. Funding is from 309-215-541-033.13 - Indian River Boulevard North. 44 ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Commissioner Macht being absent) approved the final release of retainage in the amount of $5,000 to Glace and Radcliffe, Inc., as set out in the above staff recommendation. INDIAN RIVER BOULEVARD - PHASE IV -- CONSTRUCTION MATERIALS TESTING The Board reviewed the following memo dated 4/20/93: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E. Public Works Directorqvoh-., FROM: Terry B. Thompson, P.E G Capital Projects Manager 6" SUBJECT: Construction Materials Testing Indian River Boulevard Phase IV IRC LOI 30-70 DATE: April 20, 1993 DESCRIPTION AND CONDITIONS Staff has successfully negotiated terms of an agreement with Professional Services Industries, Inc. (PSI)/Jammal Division for construction materials testing services during construction of Indian River Boulevard Phase IV. The attached agreement outlines the specific services to be provided. Compensation will bey on a unit price basis for the actual amount of testing performed and technical time expended up to a maximum total "Not 'to Exceed" budget of $70,000. ALTERNATIVES AND ANALYSIS Alternative No. 1 Authorize the Chairman to execute the Agreement as written. Alternative No. 2 Re -Negotiate contract terms. RECOMMENDATIONS AND FUNDING Staff recommends approval of Alternate No. 1. Funding is from 309-215-541-033.13 Indian River Boulevard North. 45 L_ HYk Z'( 1993 BOOK 89 [,nuE 3,96 I aooK 89 FADE 397 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Commissioner Macht being absent) approved the. Construction Testing Services Agreement with Professional Services Industries, Inc. (PSI)/JAMMAL DIVISION of West Palm Beach, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD ENGINEERING FIRM SELECTION - EXPANSION OF WEST REGIONAL WASTEWATER TREATMENT PLANT The Board reviewed the following memo dated 4/11/93: DATE: APRIL 19, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILI R ES STAFFED AND PREPARED BY: WILLIAM F. N CAPITAL P NGINEER DEPARTMEN& ILITY SERVICES SUBJECT: ENGINEERING FIRM SELECTION RFP FOR THE EXPANSION OF THE WEST REGIONAL WASTEWATER TREATMENT PLANT TO 2 MGD BACKGROUND: On March 17, 1993, the Department of Utility Services received 11 responses to the Request for Proposal to provide professional engineering services relative to the above -referenced project. The selection committee reviewed the 11 responses and selected 4 firms to be interviewed. ANALYSIS: On April 14, 1993, the selection committee interviewed the 4 firms. As a result of the interviews, the firms were ranked as follows: 1. Malcolm Pirnie/H. F. Lenz 2. Camp Dresser & McKee Inc. 3. CH2M Hill 4. Masteller & Moler, Inc. The Department of Utility Services recommends that the Board of County Commissioners authorize the Department of Utility Services to conduct negotiations and proceed with an agreement with the first -choice firm of Malcolm Pirnie/H. F. Lenz, based upon the outcome of the negotiations. The Department further requests approval to proceed with negotiations with the subsequently -ranked firms if negotiations with the first firm fail. - M t ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Commissioner Macht being absent) authorized staff to begin negotiations for an agreement with the first - ranked firm, Malcolm Pirnie/H. F. Lenz, as set out in the above staff recommendation. ROSELAND ROAD WATER MAIN. PHASE II - CHANGE ORDER NO. 1 AND FINAL PAYMENT - TRI -SURE CORPORATION The Board reviewed the following memo dated 4/13/93: DATE: APRIL 13, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILY ICES PREPARED ROBERT 0. WISEME , P.E AND STAFFED ENVIRONMENTAL ENGINEER VJ BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: ROSELAND ROAD WATER MAIN, PHASE II INDIAN RIVER COUNTY PROJECT NO. UW -92 -06 -DS CHANGE ORDER NO. 1 AND FINAL PAYMENT BACKGROUND Construction of the subject project has been completed, and the contractor, Tri -Sure Corporation of Auburndale, Florida, has made application for final payment. The pay request includes $8,393.80 for Change Order 1. The Change Order was necessary to meet a Public Works Department requirement and necessary items that arose in the - field. ANALYSIS All Indian River County requirements have been met. The original contract price was $299,088.00; the final contract price is $290,694.20, including the Change Order. The contractor has been previously paid $235,580.40; this leaves a remaining balance of $55,113.80. RECOMMENDATION The Department of Utility Services recommends approval of 1) the attached Change Order and 2) the payment request of $55,113.80 as payment in full for services rendered. 47 APP 1993BOOK 89 Facr `� I BOOK 89 PAUF 99 ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Commissioner Macht being absent) approved Change Order 01 and Final Payment of $55,113.80 to Tri -Sure Corporation, as recommended by staff. CHANGE ORDER NO. 1 AND FINAL PAYMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD ROSELAND ROAD WATER MAIN - PHASE I - CHANGE ORDER NO. 1 AND FINAL PAYMENT - TRI -SURE CORPORATION The Board reviewed the following memo dated 4/23/93: R- DATE: APRIL 13, 1993 TO: JAMES E. CHANDLER - COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES PREPARED ROBERT O. WISEMEN, P.E.Q� AND STAFFED ENVIRONMENTAL.ENGINEER R BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: ROSELAND ROAD WATER MAIN, PHASE I INDIAN RIVER COUNTY PROJECT NO. UW -92 -05 -DS CHANGE ORDER NO. 1 AND FINAL PAYMENT BACKGROUND Construction of the subject project has been completed, and the contractor, Tri -Sure Corporation of Auburndale, Florida, has made application for final payment. The pay request includes $1,682.54 for Change Order 1. The Change Order was necessary to meet a Public Works Department requirement and necessary items that arose in the field. ANALYSIS All Indian River County requirements have been met. The original contract price was $374,742.00; the final contract price is $373,059.46, including the Change Order. The contractor has been previously paid $318,108.15; this leaves a remaining balance of $54,951.31. RECOMMMATION The Department of Utility Services recommends approval of 1) the attached Change Order and 2) the payment request of $54,951.31 for payment in full for services rendered. 48 ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Commissioner Macht being absent) approved Change Order No. 1 and Final Payment in the amount of $54,951.31 to Tri -Sure Corporation, as set out in the above staff recommendation. CHANGE ORDER NO. 1 AND FINAL PAYMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD ECONOMIC DEVELOPMENT AGREEMENT WITH COUNCIL OF 100 The Board reviewed the following memo dated 4/26/93: TO: Board of County Commissioners FROM: William G. Collins II - Deputy County Attorney DATE: April 26, 1993 SUBJECT: Economic Development Agreement with Council of 100 On March 23, 1993, the Board of County Commissioners approved the Council of 100 request for funding (reducing the amount to $31,175.00) for economic development marketing activities for the balance of the fiscal year (to September 30, 1993). The County Attorney's Office was asked to draft a formal agreement between the County and Council of 100, following the general format of the existing contract with the Chamber as County Tourist Bureau. That contract has been signed by the Council of 100 and is before the Board this morning for formal approval. RECOMMENDATION: It is recommended that the Board authorize the Chairman to execute the economic development agreement with the Council of 100 as attached. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Commissioner Macht being absent) approved the Economic Development Agreement with the Council of 100, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 49 APR 27 1993 eo�K 89 p ,x,401® APR 27 1993 BOOK 89 PnE 401 BINGO LAWS; LOCAL CONTROLS AND REGULATIONS Chairman Bird explained that he added this item to the Agenda after receiving the. following letter from Representative Jim Ring: `�� ����o ids House f r- , ,, �� o Representativ ; . • _, - James K "Jim" Hing, Jr. Otner mmittees Republican Policy Chairman Representative, 17th District Appropriations Rules & Calendar Health Care tO' Natural Resources Suite 108 Regulated Industries 8485 Regency Square Blvd. Jacksonville, FL 32225 (904) 727 -NW ❑ 323 The Capitol Tallahassee, FL 32398-1300 (904)488-4388 TO: Florida County Commission Chairmen FROM: Representative Jim Ring SUBJECT: Bingo Laws; Local Controls and Regulations DATE: 4-12-93 1) The Florida Legislature has, again, been unable to pass any restrictive regulations concerning the conduct or proliferation of leased bingo halls. Current law, just passed, simply reenacts the rules regarding jackpots and daily conduct. 2) Law enforcement agencies throughout the state have testified to the fact n that the growing trend toward Bingo Palaces" invites more corruption and dishonesty. Additionally, the typical bingo games that existed before the advent of professional bingo.halls are now being driven out of existence b halls y offering 24-hour, 7 -day -week operations. 3) Two counties, Pasco and Duval, have enacted more strict controls on thesero p fessional halls. Nothing in the existing state-wide law prohibits local action of a more stringent nature. 4) I'm writing to give you this "heads up" as to the window of opportunity that is available to you now, should you opt to take advantage. I'm certain, buoyed by their recent success in beating back legislation that would curtail their growth and their profits, that the large halls will attempt to prohibit any "local" efforts resulting in any restrictions. 5) If your county has an interest in aggressively regulating the professional bingo industry - the time is now!! 50 _ M M M The Board indicated their agreement to have staff look into our ordinances regarding this matter and come back with a recommendation. CHILDREN'S SERVICES ADVISORY COMMITTEE (Withdrawn for discussion at a later date.) PUBLIC DISCLOSURE MATTERS Commissioner Tippin advised that he added this to the Agenda after talking to his neighbor who was surprised to find that someone else had obtained from public records a complete set of plans of his new beautiful home. Commissioner Tippin strongly questioned whether that should be allowed, particularly in these days of high technology thievery with someone knowing the location of your security measures. He would like the County Attorney to have permission to look into it with the thought that if we cannot circumvent it, perhaps there can be some notification to the property owner that someone has obtained a set of their plans. Attorney Collins explained that basically the situation is that any document received becomes a public record and is open to inspection and copying by anybody. The County cannot put restrictions on who gets that material unless there is an exemption from the public records law in Florida Statutes and that would require an act of the legislature. We could, as a matter of policy and at Board direction, notify an owner that a copy of his plans has been made. We cannot, however, require that someone identify themselves when requesting copies of plans. State law says that any person who pays the fees gets the records. If their name is known or they make that available to us, we could notify property owners that their plans have been copied. The other side of this is that the architect has been paid considerable money by the property owner for a unique set of plans and someone else could come in and have the benefit of them. However, he felt that is more of a civil matter that the architect could pursue. Apart from notifying people of who got copies of their plans, there is very little we can do at a local level. The Board may want to consider referring this to the Legislative Delegation because some of the issues that have been raised are personal safety and confidentiality. The legislature may consider exempting or at least giving some additional protection so that you know who got the records in the event of a break-in. Steve Payton, 625 SW 34th Avenue, was very concerned that anyone can get a copy of someone else's home, especially when you 51 APP 2 71993 BOOK 89 F�Ac40 2 Lq= 3009 89 PnE 403 think of the security factor. He felt the least the County could do is take -the names of people who get copies of plans and give those names to the owner of the plans. Administrator Chandler pointed out that if they don't wish to give us their name and address, we cannot make them, and if they pay in cash, we don't know their names or addresses. Mr. Payton emphasized that he is only asking the Commission to consider adopting some notification procedure and then go to the Legislative Delegation for a exemption on residential structures. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Commissioner Macht being absent) directed staff to come back with a report in relation to doing something fairly immediate and also what we might suggest to our Legislative Delegation as a state- wide correction. EMERGENCY SERVICES DISTRICT MEETING Chairman Bird announced that immediately upon adjournment of this meeting, the Board would reconvene sitting as the Commissioners of the Emergency Services District. Those Minutes are being prepared separately. SOLID WASTE DISPOSAL DISTRICT MEETING Chairman Bird announced that upon adjournment of the Emergency Services District meeting, 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 11:16 o'clock A.M. ATTEST: J. K. Barton, Clerk Richard N. Bird, Chairman 52