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5/18/1993
W MINUTESOXTTACHED' BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA _AGENDA REGULAR MEETING TUESDAY, MAY 18, 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) James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 9: 00 A. M. 1. CALL TO ORDER 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - Charles P. Vitunac 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS 5. PROCLAMATION AND PRESENTATIONS Professional Safety Certificate Presentation by Treasure Coast Safety Council 6. APPROVAL OF MINUTES Regular Meeting of April 6, 1993 7. CONSENT AGENDA A. Received 6 Placed on File in Office of Clerk to the Board: Felismere Water Control District Map B. Award Bid #3094 / Reroofing of Voting Warehouse and State Attorney Building ( memorandum dated May 5, 1993 ) C. Purchase Authorization; Oslo Road R -O -W Acquisi- tion, Charles E Vera Brooker, Parcel #116 (memorandum dated May 7, 1993 ) D. Cancellation of Outstanding Taxes Properties Purchased for County Use ( memorandum dated May 10, 1993 ) E. Release of Utility Liens ( memorandum dated May 10, 1993 ) BOOK 87 PAG 537 16, SAY 18 1993 k1,11 AY 18 19 9 3 BOOK 89 PAGE538- 7. s. 9:05 a. m. 9. CONSENT AGENDA (cont'd. ): F. Release of Utility Liens ( memorandum dated May 6, 1993 ) G. Resolution No. 92-132 - Demolition Lien ( memorandum dated May 7, 1993 ) H. Agreement for Construction of Golf Course Tunnel Beneath Indian River Boulevard ( memorandum dated May 11, 1993 ) I. Request for Approval and Signature on Section 8 Annual Contributions Contract A3409E ( memorandum dated May 10, 1993 ) J. Occupational Licenses Collected - April, 1993 ( memorandum dated May 10, 1993 ) K. Final Plat Approval for Preservation Pointes Phase I ( memorandum dated May 7, 1993 ) L. Limerock Road Base Material - IRC Bid #3002 ( memorandum dated May 11, 1993 ) CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS 1. AN ORDINANCE OF INDIAN RIVER COUNTY CREATING THE WHISPERING PINES STREET LIGHTING DISTRICT ( memorandum dated May 7, 1993 ) 2. Richard Fey's Request for Special Exception Use Approval and Conceptual Site Plan Approval for a Private Land Clearing Debris Burning Facility ( memorandum dated May 10, 1993 ) * (this Item Is directly related to SWDD Item #14 B 2) 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT I.R.C. Affordable Housing Advisory committee Membership Appointments ( memorandum dated May 11, 1993 ) 11. DEPARTMENTAL MATTERS (cont'd. ): 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 Amendments to Cooperator Agreement - Barney Green (Felismere Grade) Boat Ramp ( memorandum dated May 5, 1993 ) H. UTILITIES 1. Engineering Firm Selection - RFP for Utility Rate Consultant Services RFP 3081 ( memorandum dated May 7, 1993 ) 2. G.D.U., Inc.'s Request for Increase In Water 5 Sewer Rates, Carrying Cost Recovery Charges, and Service Availability Charges for the Vero Beach Highlands and Vero Beach Shores Division ( memorandum dated May 10, 1993 ) 3. South County Wells - Change Order No. 1 ( memorandum dated May 5, 1993 ) 12. COUNTY ATTORNEY Approval to Execute Agreement Between Federal Deposit Insurance Corporation, County and the Health Department ( memorandum dated May 12, 1993 ) 13. COMMISSIONERS ITEMS A. CHAIRMAN RICHARD N. BIRD B. VICE CHAIRMAN JOHN W. TIPPIN SAY 18 1993 a00K 89 PAGE 519 r MAY 18 1993 BOOK 13. COMMISSIONERS ITEMS (cont'd. ): C. COMMISSIONER FRAN B. ADAMS D. COMMISSIONER CAROLYN K. EGGERT E. COMMISSIONER KENNETH R. MACHT 14. SPECIAL DISTRICTS A. EMERGENCY SERVICES DISTRICT None B. SOLID WASTE DISPOSAL DISTRICT 1. Approval of Minutes - Meeting of 4/6/93 * 2. Richard Fey / Land Clearing Debris Burn Facility ( memorandum dated May 10, 1993 ) 15. ADJOURNMENT 89 FACE 540 ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF MEETING. Tuesday, May 18, 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, May 18, 1993, at 9:00 o'clock A.M. Present were Richard N. Bird, Chairman; John W. Tippin, Vice Chairman; Fran B. Adams; Carolyn K. Eggert; and Kenneth R. Macht. Also present were Randy Dowling, Assistant to County Administrator; Charles P. Vitunac, County Attorney; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and County Attorney Charles Vitunac led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Attorney Vitunac requested the deletion of Item 12 - Approval to Execute Agreement Between Federal Deposit Insurance Corporation, County and the Health Department - because the FDIC has decided to take it to Chicago before they sign it. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously deleted the above item from today's Agenda. PROFESSIONAL SAFETY CERTIFICATE PRESENTATION BY TREASURE COAST SAFETY COUNCIL Mark Hartman, director of Florida Treasure Coast Safety Council, Inc. made the following presentation honoring Steve Ryan of the County's Road and Bridge Department: MAY 181993 boa 89 FAGS 541 � J FLORIDA Tw-A m E CoAsr SAFM COUNCIL., INC CHAKER OF WAAliOlVAL SAFETY COUNCIL. May 11, 1993 Board of County Commissioners Indian River County 1840 25th Street Vero Beach, FL Dear Sirs: BOOK 89 pmu,F 542 7 E MARK HAUMAN, DUector Programs. Operations t, manwaM It is a privilege to award to Mr. Steve Ryan certification for completion of the Professional Safety Certification program. Mr. Ryan is a bridge inspector in your Road and Bridge Department. Earlier this year he completed the required 50 hours of coursework to achieve this certification. As you can see from the enclosed copy of the 1992 program brochure, Mr. Ryan committed to a long and comprehensive program. He desired to improve his understanding of safety and loss control and then to apply it daily in his work. His initiative and consistency represents the best that an employer can expect from employee. . Mr. Ryan's conscientious efforts in safety for the workers he supervises is demonstrably supported by the Risk Management Department. The County Commissions leadership and support of Risk Management's accident prevention efforts is the most important part of maintaining a safe and productive workplace. Without this environment of encouraging safe work procedures, Mr. Ryan's efforts might be rendered meaningless. Thank you for your support of safety for your employees and the people of Indian River County. Sincerely, A � . /4 �/— Mark Hartman Director P.O. Box 3181, Fort Pleme, FL 34948.12D N- Second street, Fort mom FL 34950 • (407) 461-1150.(407) 461.1424, Fax Lou /1401-114.1 r APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of April 6, 1993. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the Minutes of the Regular Meeting of 4/6/93, as written. 2 CONSENT AGENDA A. Report Received and Placed on File in Office of Clerk to the Board: Fellsmere Water Control District Map- B. ap B. Award Bid #3094 - Reroofing of Voting Warehouse and State Attorney Building The Board reviewed the following memo dated 5/5/93: DATE: May 5, 1993 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Services FROM: Fran Boynton Powell, Purchasing manageril SUBJ: Award Bid #3094/Reroofing of Voting Warehouse and State Attorney Building Building and Grounds Department BACKGROUND INFORMATION: Bid Opening Date: April 15, 1993 Advertising Dates: April 2, 91 1993 Specifications Mailed to: Eighteen (18) Vendors Replies: Two (2) Vendors VENDOR BID,TABULATION Kuhnert Roofing $12,800.00 (Atty Building) Vero Beach, FL $12,000.00 (Voting Warehouse) Lucas Waterproofing $171788.00 (Atty Building) Vero Beach, FL $13,000.00 (Voting Warehouse) TOTAL AMOUNT OF BID:_ $24,800.00 SOURCE OF FUNDS: Building Opr - County Buildings Roofing Account BUDGETED AMOUNT: $26,000.00 RECOMMENDATION: Staff recommends that the bid be awarded to Kuhnert Roofing as the lowest, most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. 3 MAY 18 1993 booK 89. PAu 543 L MAY 18 1991 BOOK 89 FacF 544 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously awarded Bid #3094 to Kuhnert Roofing in the amounts of $12,800 for the Attorney Building and $12,000 for the Voting Warehouse, as recommended by staff. C. Purchase Authorization - Oslo Road Right -of -Way Acquisition Charles & Vera Brooker Parcel #116 The Board reviewed the following memo dated 5/7/93: TO: James E. Chandler County Administrator THROUGH: James W. Davis, P.E. 01,00, Public Works Director and Terry B. Thompson CN tr Capital Projects Manager FROM: Donald G. Finney, SR;!��'—+. - County Right of Way Agent CONSENT AGENDA SUBJECT: Purchase Authorization; Oslo Road Right -of -Way Acquisition, Charles & Vera Brooker, Parcel #116 DATE: May 7, 1993 The county plans to widen and signalize the intersection of Oslo Road and Old Dixie Highway. Additional right-of-way is needed from Parcel #116 on Old Dixie from one of the original families that settled in Vero Beach. Considering the minuscule size of the right-of-way parcel required, the 46 square foot, RS -6 zoned, Property is in line with larger RS -6 zoned parcels which were appraised at $1.50 per square foot. There are no attorney's or other fees. The owners have executed the contract at $3.00 per square foot. Staff request the Board accept the $138.00 contract and direct the chairman to execute the contract on the Board's behalf. Funding is available in Account No. 101-156-541-067.43 4 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously authorized the purchase of Parcel 1116 in the amount of $138.00, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD D. Resolutions - Cancellation of Outstanding Taxes on Properties Purchased for County Use The Board reviewed the following memo dated 5/10/93: TO: BOARD OF COUNTY COMMISSIONERS OA , P. FROM: Lea R. Keller, CLA, County Attorney's Office DATE: May 10, 1993 RE: CANCELLATION OF OUTSTANDING TAXES PROPERTIES PURCHASED FOR COUNTY USE The County recently acquired four rights-of-way, and, pursuant to Section 196.28, Florida Statutes, the Board of County Commissioners is allowed to cancel and discharge any taxes' owed on the portion of the property acquired for public purposes. Such cancellation must be done by resolution of the Board with a certified copy being forwarded to the Tax Collector. REQUESTED ACTION: Board authorize the Chairman to sign the attached resolutions cancelling taxes upon lands the County recently acquired. Attachments: Resolutions - (1) Grace Locke Walker R/W on 45th Street at Indian River Blvd. Parcel #26-32-39-4 (2) Grace Locke Walker R/W on 45th Street at Indian River Blvd. Parcel #26-32-39-3 (3) John A. & Dorothy A. Hindelang R/W on Barber Street (Sebastian) (4) Cornelia A. Harper R/W on Eighth Street 5 L- MAY 18 1993 800K 89 Fnf 545 MAY 18 1,991 BOOK 89 NAGE546. 7 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously adopted Resolutions 93-93, 93-94, 93-95 and 93-96, cancelling certain delinquent taxes upon publicly - owned lands, pursuant to Section 196.28, Florida Statutes. 6 � � r Ret R/W 45 St. at Indian River Blvd. • Parcel 26-32-39-4 s/ ao/va t i®9.a ) snoso♦vlc� 78 RESOLUTION NO. 93- 93_ ` A RESOLUTION OF INDIAN RIVER COUNTY., FLORIDA, CANCELLING CERTAIN DELINQUENT TARES UPON PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to- make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.A. Book 970, Page 2867, which was recently acquired by Indian River County for right of way purposes on 45th Street at Indian River Boulevard, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner $girt , 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 Fran B. Adams Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this _Jfthday of May , 1993. Attest: Jeffrey Barton, Clerk Attachment: Copy of Executed Deed Grace Locke Walker 1 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA • By _41 ichard N. Bird Chairman Milan Rha Caffl Admin, Legit t]U U tf •- t Hisk 1,.1gr. BOOK PAGE.547 MAY 18 1QQ1 Boa 89 pw 548 Re:.R/W 45 St. at Indian River Blvd. . Parcel 26-32-39-3 8/ 10/99 (LagaL) RIRHO/Vk..'� RESOLUTION NO. 93- 94 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TARES UPON PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 97.0, Page 2870, which was recently acquired by Indian River County for right of way purposes on 45th Street at Indian River Boulevard, are hereby cancelled, pursuant to the authority of section 196.28, F:S. The resolution was moved for adoption by Commissioner Eggert and the motion was seconded by Commissioner Tiepin , and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman John W. Tippin Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 18thday of May 1993. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ttest: By G .- Ri hard N. Bird Jeffrey K. $arton, Clerk Chairman roman Riva Ca Avoroved Date Attachment: Copy of Executed Deed Admin f �� ¢ Grace Ldcke Walker le3al F F3vdoel Dept. Fisk Mgr. 8 0B/]O/9�(lopsi)RRso/Vh• Rea R/W - Barber Street (Sebastian) 8 V • Parcel 19-31-39-00001-5670-00009.0 RESOLUTION NO. 93-99; 1 ` A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TARES UPON PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United Statee, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation' and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 970, Page 2873, which was recently acquired by Indian River county for right of way purposes on Barber Street in Sebastian, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Eggert and the motion was seconded by Commissioner Tinnin , and, upon being —rr put to a vote, the vote was as followss Chairman Richard N. Bird Aye Vice Chairman John W. Tippin Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 18th day of May , 1993. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: By�`���X SJ �✓� Richard N. Bir � is d , f�frey K. arton, Cle ) Chairman 1 ., / / Attachments Copy of Executed Deed John A. & Dorothy A. Hindelang 9 MAY 18 1993 Ir -,"A. -Ora A(.aoved Date sir y.. .. - 7 BOOK 89 FacE 549: • MAY 18 1PAI BOOK 89 FAcF 550 Re: R/W - Eighth Street Pt of Lot A of Hidden Acres Subd. 8/ 1 O/9 3 (1 wqw 1) R8B0/Vk • p 1 RESOLUTION NO. 93 --gra A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 970, Page 2874, which was recently acquired by Indian River County for right of -way purposes on Eighth Street, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Rggp_rt , 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 Fran B. Adams Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 18th day of May , 1993. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: By R chard N. Bird Jeffrey K.Barton, Clerk Chairman Y• Attachments Copy of Executed Deed Cornelia A. Harper (=Q _ C� -7-roved Dalt `, 3uurni Jul. Risk N 10 E. Release of Utility Liens The Board reviewed the following memo dated 5/10/93: TO: BOARD OF COUNTY COMMISSIONERS FROM: Lea R. Keller, CLA, County Attorney's Office DATE: May 10, 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. North County Sewer Project: JOHNSTON SEBASTIAN GENERAL PARTNERSHIP/BARNETT BANK FIS -1 2. Satisfactions of Impact Fee Extensions: PERRAULT MANSON JACKSON/GIPSON 3. Rockridge Sewer Project: DUNLEVY ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved the releases of liens listed above, as recommended by staff. SAID SATISFACTIONS AND RELEASES ARE ON FILE IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY F. Release of Utility Liens The Board reviewed the following memo dated 5/6/93: TO: BOARD OF COUNTY COMMISSIONERS FROM: Sandy Wright, County Attorney's Office DATE: May 6, 1993 RE: 'RELEASE OF UTILITY LZEN 8 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: 11 MAY 18 199 BOOK 89 P4, 51 MAY 18 Bm 89 R,;F 552 1. 2. 3. Release of Special Assessment Lien North County Sewers Incorporated O.S. #1 NORTH, INC. SCHLITT (2) STROBEL LOCKWOOD INDIAN RIVER INDUSTRIAL PARR, INC. DUHIGG CENTRAL FLORIDA PRESBYTERY, INC. TAYLOR FRENCH (2) SLADE PREUSS Release of Special Assessment Lien North County Sewers Unincorporated AMERICAN TILE AND CARPET OF SEBASTIAN, INC. TROPIA WU ZALEZKI/KERR McCOY STROBEL PELICAN POINTE CORP./PELOT PREUSS/SOMMERS BLARE FLORIDA DEV. CORP./SOLARI SOLARI (2) Release of Special Assessment Lien North County Sewers Unincorporated Supplemental MITCHELL BRADSHAW MITCHELL/CASSIDY JACKSON MITCHELL ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved the above listed releases of liens, as recommended by staff. SAID SATISFACTIONS AND RELEASES ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY G. Demolition Lien under Resolution 92-132 - Owners: Bennie Hill and Jimmie Lee Hughes - Notice of No Lien The Board reviewed the following memo dated 5/7/93: 12 TO: The Board of County Commissioners FROM: LL:e � William G. Collins II - Deputy County Attorney DATE: May 7, 1993 SUBJECT: Resolution No. 92-132 - Demolition Lien Pursuant to Resolution No. 92-132 as recorded at 0. R. Book 942, Page 993-996, the costs of demolition were reported by the Building Official to the County Attorney's Office to prepare liens for the recovery of those costs to be placed on the real property. The owners of the unsafe structures were listed in the Exhibit A attached to said resolution. The first parcel listed was 4810 30th Avenue. Parcel No. 22-32-39-00005-0020-00008.0; owner Bennie Hill and Jimmie Lee Hughes. Our files indicate that their first notice to abate an unsafe structure was mailed June 9, 1990. The letter to owner was returned stamped "NO SUCH ADDRESS". No action was taken for approximately two years. Two years later, on June 26, 1992 another letter was sent out and returned for insufficient address. Four months prior to that attempted service, ownership of the property changed hands by virtue of a Tax Deed recorded at O.R. Book 925, Page 2338. Section 100.080(a), I.R.C. provides for a lien to be filed in the Official Record Books against the owner of the property or the person responsible for compliance with the Code, for costs incurred by the County. Notice of intent to adopt a lien resolution shall be given to the proposed lienee. Said lienee may appear before the Commission and be heard on the proposed lien resolution. Subsection (b) of that statute provides for the lien and notice provisions of Chapter 162 to pertain unless other notice has already been provided. In this case no notice was ever provided to the owner of the property since February 26, 1992, Albert C. Hazelwood, Jr. Chapter 162.12(2) (c) provides that evidence of an attempt to mail notice (to the owner/lienee), together with posting, along with proof of posting by affidavit including a copy of the notice posted, and the date and places of its posting is sufficient to show notice requirements have been met without regard to whether or not the actual violator received such notice. However, in this instance notice was not provided to the owner/lienee who, in June of 1992, would have been Albert C. Hazelwood, Jr. Thus, even a proper affidavit of posting would not suffice to cure the defective delivery. Had the property still been owned by Bennie Hill and Jimmie Lee Hughes, then such service may have been saved by the posting and the evidence of attempts at mail service. ( The prior owners own no other real estate in Indian River County which could be liened.) However, the failure to update the ownership records and serve the actual owner defeats the validity of any lien we could attempt to impose against the property. Because the proposed lienee did not receive a notice of intent to adopt a lien resolution as stated in Resolution No. 92-132, a lien should not be recorded against the above -referenced property. Rather, a notice of no lien should be recorded as to that property. RECOMMENDATION: Authorize the Chairman to execute the attached Notice of No Lien. F*7 aooK 89 P* 553 SAY 1 8 199 MAY 18 1993 BOOK ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved a Notice of No Lien on the subject property, as recommended by staff. NOTICE OF NO LIEN IS ON FILE IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY 89 PAGE. 554 H. Agreement for Construction of Golf Course Tunnel Beneath Indian River Boulevard The Board reviewed the following memo dated 5/11/93: TO: Board of County Commissioners FROM: James W. Davis, Director of Public Works ' Terrence P. O'Brien, Assistant County AttorneyC' DATE: May 119 1993 RE: AGREEMENT FOR CONSTRUCTION OF GOLF COURSE TUNNEL BENEATH INDIAN RIVER BOULEVARD In connection with the subject agreement, a license was issued to Grand Harbor to utilize a portion of County right-of-way under Indian River Boulevard. The license was drafted so that it could only be assigned with the County's written permission. The lending institution for Grand Harbor would like further assurances of assignability in the event of foreclosure. A draft letter has been prepared by the Attorney for Grand Harbor which, if executed by the County, would provide the lending institution with the further assurances that it seeks. RECONIlMMATION: It is recommended that the Commission authorize the Chairman to execute the attached letter on behalf of the Commission. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved a letter of assurances of assignability, as recommended by staff. 14 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 Telephone: (407) 567-8000 May 19, 1993 GHA Grand Harbor, Ltd. 2121 Grand Harbor Blvd. Vero Beach, Florida 32967 Industri & Skipsbanken A/S c/o Steel Hector & Davis 1900 Phillips Point West 777 South Flagler Drive West Palm Beach, Florida 33401-6198 Re: Agreement for Construction of Golf Course Tunnel Beneath Indian River Boulevard Gentlemen: Suncom Telephone: 224-1011 Regarding the above -referenced Agreement, please accept this letter as the County's written permission for GHA Grand Harbor, Ltd. to collectively assign its interest in the License attached as Exhibit B to the above referenced Agreement to Industri & Skipsbanken A/S or any other lender upon the golf course property serviced by the tunnel. The permission granted herein shall permit the License to be transferred to such lender in the event of a foreclosure (or any transfer in lien thereof) of the mortgage encumbering the golf course property, and for the subsequent transfer of the License with any transfer of title to the golf course property. Sincerely, INDIAN RIVER COUNTY Richard N. Bird Chairman 15 MAY 1 1993 BOOK 89 FAUF 555 MAY 18 1993 OK e o 89 FAcF556 I. Section 8 Annual Contributions Contract for Housing Certificate Program The Board reviewed the following memo dated 5/10/93: TO: n x...bls Mambo= of the DATE: my .w, 1993 FILE: Board of Cmmty C�mdssiaarrs THWUGia Janes E. (handler County Administrator SUBJECT: negmt for approval and signature on Section 8 Annual Contributions Contract A3409E (Certificate Program) FROM: Guy L. Decker, Jr.004 REFERENCES: ftexx*t ve Director 11 Cm It is r -.1 trended that the data presented be given formal ronsideration by the Canty commission. "e Department of dousing and urban Desr+e,Lopnent has for Warded five (5 ) copies of the Annual Contrib�ns Contract (AOC) which has been amended to reflect additional finding for Poject FL29-E132-001. it - • � •-1 EW --l • )1 • •, i •ung �- •:r - (l) Five (5) copies of ACC PART I amber A3409E of the Mmual Contributions contract for dousing Certificate PWg=am.Cri giral signatures are required on aU copies of the Contract and no change in -its fa u at is pemdtted. We respectfully reguest the County to authorize its (haj,rffrrm to execute these Contracts for tr;1mittal to the Jacksonvil-le Office of HUD. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved the Section 8 Consolidated Annual Contributions Contract for Housing Certificate Program, as recommended by staff. COPY OF PARTIALLY EXECUTED CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 16 J. Occupational Licenses Collected - April, 1993 The Board reviewed the following memo date 5/10/93: NOOgANDBM 0 TO: Board of County Commissioners FROM: Karl Zimmermann, Tax Collector SUBJECT: Occupational Licenses DATE: May 10, 1993 Pursuant to Indian River County Ordinance No. 86-59, please be informed that $6,412.55 was collected in occupational license taxes during the month of April, representing the issuance of 324 licenses. The Tax Collector's Office has recently completed our annual field audit. A total of 173 violations were issued. To date 121 have been resolved and 52 are pending. "Not at Home" letters were left at approximately 156 businesses. To date 98 have been resolved, 58 are pending. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously accepted the Occupational Licenses report for April, 1993. K. Final Plat Approval for Preservation Pointes Phase I The Board reviewed the following memo dated 5/7/93: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Obert . Keati g, Community D,evelopmen irector THROUGH: Stan Boling;veicp Planning -Director FROM: Eric Blad?fes Staff Planner, Current Development DATE: May 7, 1993 SUBJECT: Final Plat Approval for Preservation Pointes Phase I [PD-92-12-006/IRC #93040049-001] 17 MAY 18 1993 BOOK 89 PAGE 557 BOOK 89 rnF 5 MAY 18 W3 5 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 18, 1993. DESCRIPTION AND CONDITIONS: Preservation Pointes Phase I is the first 18 lots of a two phase, 34 lot subdivision within the boundaries of Timber Ridge, a planned residential development (PRD). The 9.41 acre site lies along the north end of Timber Ridge Trail and is immediately south of the western portion of Dixie Gardens Subdivision. The subject property is zoned RM -61 Multi -Family Residential (up to 6 units per acre), and has a land use designation of L-21 Low Density Residential (up to 6 units per acre) . The proposed density for the project is 3.61 units per acre. On October 8, 1992) the Planning and Zoning Commission granted preliminary plat approval of Preservation Pointes Phase I and Phase II, and a land development permit waiver for Phase I was subsequently issued. The subject "Phase I" plat includes the 18 Phase I lots, the future Phase II tract, and a preservation tract which includes wetlands and native upland set-aside area. The "Phase II" tract will be replatted into lots at a future date. The developer, Andrew Mustapick, is now requesting final plat approval, and has submitted the following: 1. A plat in conformance with the originally approved preliminary plat, and 2. A certificate of completion for all required subdivision improvements consistent with the Timber Ridge PRD. ANALYSIS: The requested plat improvements for Phase I have been completed by the developer. A 6 foot opaque buffer feature along the northern boundary of the Phase I lots, as shown on the approved preliminary plans, will be constructed prior to the issuance of a Certificate .of Occupancy (C.O.) for residences along the Phase I northern boundary. A certificate of completion has been issued by the Public Works Department for required subdivision improvements. A warranty and maintenance agreement and bond are not required. The developer has complied with the appropriate requirements to obtain final plat approval. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for the Preservation Pointes Phase I plat. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously granted final plat approval for the Preservation Pointes Phase I plat, as recommended by staff. 18 r � � L. Limerock Road Base Material - IRC Bid #3002 The Board reviewed the following memo dated 5/11/93: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Directo H.T. "Sonny" Dean General Services Di t r SUBJECT: Limerock Road Base Material - IRC Bid # 3002 DATE: May 11, 1993 DESCRIPTION AND CONDITIONS FILE: limerk.agn Last September, the Board awarded Bid No. 3002 to Florida Aggregates for Limerock to be picked up by the County at a cost of $3.75 per ton and to Blackhawk Quarry for Limerock delivered to County at a cost of $6.80/ton. This award is a one year annual occurrence, and will expire September 30, 1993. Florida Aggregates is 44 miles from the Road and Bridge Division. It costs the County $.128 cents /ton/mi le (round trip) to haul limerock. The cost to purchase and haul a ton of limerock round trip from Florida Aggregates to the Road and Bridge Division is: $5.63/ton Hauling 3.75/ton Cost of Material $9.38/ton TOTAL COST Stewart Industries submitted a bid to the County at a cost of $3.90/ton. The Stewart Industries mine is only 17 miles from the Road and Bridge Division complex. The cost to haul and purchase a ton of limerock round trip form the Road and Bridge Division is: $2.17/ton Hauling 3.90/ton Cost of Material $6.07 ton TOTAL COST At the time the bids were analyzed last September, the Road and Bridge Division used some of Stewart Industries limerock and found that the material contained too much water amounting to approximately 14% by weight (Specs called for 10% water maximum). The staff, therefore, recommended that the bid be awarded to Florida Aggregates. Recently, Stewart Industries indicated that they have solved the water problem and would like to be reconsidered. The County can save $3.31/ton by purchasing from Stewart Industries. Since Road and Bridge will use at least 5000 tons for future projects, savings could be substantial. Also, in Sept. 1992, two companies, Blackhawk Quarries and Stewart Industries, both bid $6.80/ton for limerock delivered. Because of the water problem, the bid was awarded to Blackhawk Quarries. Both Blackhawk Quarry and Stewart Industries agree that it woul& be best for Blackhawk to supply limerock to areas north of SR60 ( since they operate from Palm Bay) and Stewart Industries supply limerock to South County (since they operate from the Indrio Road area in St. Lucie Co.). 19 MAY 18 1993 BOOK 89 FADE 559 ALTERNATIVES AND ANALYSIS BOOK 89,,,,F 560 -7 In considering the fact that Stewart Industries has controlled the water problem, the Public Works staff would like to issue a purchase order to Stewart Industries for limerock picked up by the County and save the $3.31/ton hauling cost, however, the Attorney's office has indicated that we cannot violate the original award to Florida Aggregates. The following alternatives exist: Alternative #1 Issue a purchase order to Stewart Industries as follows: Limerock delivered to Co. at locations south of SR60 $ 6.80/ton Alternative #2 Do not change the original Sept. 1992 award. RECOMMENDATIONS AND FUNDING Alternative No. 1 is recommended whereby a Purchase Order expiring September 30, 1993 will be issued to Stewart Industries. Funding to be from. Road and Bridge Fund 111-214 and 173-214, various construction accounts. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved Alternate #1 to issue a purchase order expiring 9/30/93 to Stewart Industries as set out in the above staff recommendation. PUBLIC HEARING - ORDINANCE CREATING THE WHISPERING PINES STREET LIGHTING DISTRICT The hour of 9:05 o'clock A. M. having passed, the County Attorney announced that this Public Hearing has been properly advertised as follows: 20 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press-Joumal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being L ' in the matter of t in the oCourt, was pub- lished in said newspaper in the issues of .(�G 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 —Z:!L_ day o A.D. 19 f -ti –- [/f >T yl (BusinessVanager) nw� Ate .a NOTICE The Board of Co�e�tycmuftsimm Rives Costly, Fbrida, L 9l Ades n Of � . Pubic F1aariq Whalk d far 9Z a.m. an Tuesday, IWIRY 18, 1 to discuss the faiewng proposed entitled: _ TY ORDNANCE FLDR CREATING THEINDIAN EWWHISI'M a iVCa PINES STREET 1.01TING DISTRICT. maynt to appeal any dedsion wMch 18!?3 be Made thewi need to ensure VW man reMc�adlof Woceedrigs is made, wtdoh WKIes tesdmony and evWence who ft mnay� � �' VIMAaa(AD j Cooardina010 ti at 567-M ext 408 at least 48 hours in advance of meeting. Apri 17,1993 99W4 (SEAL) s - MM Pd*. Wm d Flaft *C41111011111M 4010M .kms 29, IM 807 20A BOOK 89 NKEG 561 MAY � � 19 MAY 18 1993 800w 89 562 The Board reviewed the following memo dated 5/7/93: TO: James E. Chandler, County Administrator DATE: May 7, 1993 FROM: James W. Davis, P.E., Public Works Director —F SUBJECT: Public Hearing to Consider Approval of an Ordinance of Indian River County Creating the Whispering Pines Street Lighting District REF. MEMO: James Davis to James Chandler dated Dec. 1, 1992 DESCRIPTION AND CONDITIONS During the Dec. 8, 1992 regular meeting of the Board of County Commissioners, a motion was unanimously approved by the Board to continue the Public Hearing for establishment of a Street Light District for the Whispering Pines area until staff could meet with the developer, Vero Building Corp., and FPL to determine if the developer could pay FPL for street light materials and installation. Once installed, a District would be established and the property owners within Whispering Pines would pay for electricity consumption and administrative charges for ten street lights along 21st Avenue and 22nd Avenue between 4th Street and 2nd Street. Staff has met with FPL and the developer. FPL cannot contract with the developer to furnish and install the lights. ALTERNATIVES AND ANALYSIS The original staff recommended plan was to define a street light district to include 70 lots located on both sides of 21st Avenue and 22nd Avenue. At the Dec. 8, 1992 hearing, most of the thirty-six Indian River Heights lot owners, (east of 21st Avenue and west of 22nd Ave) objected to being included in the District, and they did not want to pay the estimated $30/lot/year assessment. Eliminating these thirty- six lots will reduce the district to thirty-four lots (Whispering Pines only) and increase the first year assessment to $56.59/lot/year and $47.47/lot/year thereafter. To reduce this cost, the developer is agreeable to paying the first year initial 20% energy cost reserve of $310 in addition to two years of additional cost at $254/year for a total of $818. This contribution by the developer will reduce the yearly assessment for the first two-year period to $35.44/lot/year, if the District only includes thirty-four lots. Yearly assessments thereafter will be approximately $48.94/lot per year, based on the existing FPL rate structure. FPL will furnish and install all lighting, as usual. The alternatives presented include: Alternative No. 1 Accept the developer's contribution of $818 and approve a Street Light District for only the Whispering Pines Subdivision, thereby eliminating all of Indian River Heights from the district. The cost per year for the first two years is $35.44 per lot. Yearly cost thereafter will be $48.94 per --lot. 21 Alternative No. 2 Accept the developer's contribution of $818 and approve a District which includes. the area on both sides of 21st Avenue and 22nd Avenue. The cost per lot will be $17.23 per year for the first two years and $22.77 per year thereafter. The Indian River Heights Property Owners were not supportive of a $30 per lot per year assessment. RECOMMENDATIONS AND FUNDING Staff is of the opinion that Alternative No. 2 is the most equitable alternative since both sides of each street will benefit from the lighting. The cost per lot is less since seventy lots will be in the benefit area. Staff recommends Alternative No. 2. The draft ordinance should be approved as written. Funding to be from the established Street Light District. Public Works Director Jim Davis advised that staff is recommending Alternative No. 2 which would be to accept the developer's contribution of $818 and approve a street lighting district which includes the area on both sides of 21st Avenue and 22nd Avenue. Seventy lots are in the benefitted area, 34 in Whispering Pines and 36 in Indian River Heights. The cost per lot will be $17.23 per year for the first two years and $22.77 per year thereafter. The Chairman opened the Public Hearing and asked if anyone wished to be heard in this matter. Tom Logatto, representing John Cagney and Janice Horton, asked what happened to the suggestion made at the last meeting to install the lights on just one side of the street. He also questioned the funds Mr. Mitchell escrowed for street lighting. Director Davis explained that staff feels it wouldn't make sense to light the street and include only one side of the street in the benefitted area. Mr. Mitchell, the developer, agreed to pay $818 for the installation of the lights, but the energy costs are the responsibility of the property owners. To his knowledge, Mr. Mitchell didn't escrow costs for the lighting, but did request that the County set up a street lighting district similar to ones in other subdivisions. Mr. Logatto recalled that at the last meeting Mr. Davis had said there was an escrow fund and that it had been returned, but had not given any plausible reason why it was returned. He also recalled that Commissioner Eggert had said that she was shocked to hear that the escrowed funds had been returned. Director Davis explained that there was an escrow for the street paving and Mr. Mitchell did contribute to the paving of 21st and 22nd Streets. 22 MAY 18 1993 Bou 89 rAGF 63 MAY 18 1993 BOOK 89 F�{, . 564 Proctor Barber stated that he was very much in favor of the lights and has been pushing this project for over a year and a half. The lighting is very much needed in this area for the safety and protection of the residents, and for approximately 5 cents a day, you can't beat the price. There being no others who wished to be heard, Chairman Bird closed the Public Hearing. Commissioner Adams preferred Alternate #2. She pointed out that the Minutes of the earlier meeting state that the escrowed funds were part of a lot of other improvements for which the developer had placed a bond and that staff had returned the bond because the County had always established an MSBU in the past. Director Davis reported that he had received a letter of opposition from Mr. & Mrs. Hoffman who requested that the Board consider this matter at a meeting held after 5:00 o'clock P.M. He also received a letter of opposition from Mrs. Cagney, but he believed that had been communicated this morning by Mr. Logatto. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously adopted Ordinance 93-18, creating the Whispering Pines Street Lighting District. Commissioner Eggert wondered if we could establish a change in policy on returning escrows before things were set up. Robert Keating, Director of Community Development, explained that we have made some substantial changes in the last few years, the most significant of which is a certificate of completion for subdivisions. The certificate insures that public works, utilities and any other improvements have to be put in, and it requires some signing and countersigning. He believed the situation is far better controlled now and assured Commissioner Eggert that this would not happen again. 23 0 4/14/03CX EOAL)doo(TPO/sb) ORDINANCE 93- U AN ORDINANCE OF INDIAN RIVER COUNTY CREATING THE WHISPERING PINES STREET LIGHTING DISTRICT. WHEREAS, the residents of Whispering Pines Subdivision have requested that the County establish a mechanism for providing street lighting service at crucial locations throughout the subdivision; WHEREAS, the Board finds that the creation of a municipal service benefit unit to raise funds through the equitable assessment of property owners throughout the subdivision is the best available means of accomplishing the desired goal; and WHEREAS, the provision of street lighting in the area will further the safety, health and well-being of all those residing and owning property within the boundaries of the district, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: SECTION 1. Creation of Municipal Service Benefit Unit. There is hereby established in Indian River County the Whispering Pines Municipal Service Benefit Unit under the authority of, and with all those powers conferred by, the Constitution of the State of Florida, Sections 125.01(q) and 125.01(r) of the Florida Statutes and Chapter 200 of the Indian River County Code. The real property_ _ included within the boundaries of this municipal service benefit unit is described as follows: Lots 1-34, Whispering Pines Subdivision as recorded in Plat Book 12, Page 97 and 97A, of the Public Records of Indian River County, Florida; and Lots 1-17, Block F, Indian River Heights, Units 3, as recorded in Plat Book 6, Page 49 of the Public Records of Indian River County, Florida; and Lots 1 and 32, Block B, Indian River Heights, Unit 5, as recorded in Plat Book 6, Page 25 of the Public Records of Indian River County, Florida; and Lots 1-17, Block A, Indian River Heights, Unit 5, as recorded in Plat Book 7, Page 8 of the Public Records of Indian River County, Florida. SECTION 2 LEVY. The first non -ad valorem assessment shall be levied for the tax year 1994 - 1995. 24 MAY J 1993 ®®K 89� .F,,UF 565 MAY 18 1993 BOOK , 8 1 9 F��F 566 SECTION 3. CHAPTER 200 AMENDMENT. Section 200.07 shall be amended to show the addition of the "Whispering Pines" district and this ordinance number. SECTION 4. SEVERABILITY. If any section, or if any sentence, paragraph, phrase, or word of this -ordinance is for any reason held to be unconstitutional, in- operative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative Intent to pass the ordinance without such unconstitutional, invalid or Inoperative part. SECTIONS. EFFECTIVE DATE. This ordinance shall become effective upon becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 18tVay of Ijay , 1993. This ordinance was advertised in the Vero Beach Press -Journal on the 17thday of April 1993, for a public hearing to be held on the 18th day of May , 1993, at which time it was moved for adoption by Commissioner , seconded by Commissioner Eggert ' , and adopted by the following vote: Chairman Richard N. Bird Aye Vice Chairman John W. Tippin Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird Chairman Attest By Clerk,? .. �✓ ������� /j AcknowledgemQr. t by the Department of State of the State of ' Florida, this qday of June . , 1993. Effective date: Acknowledgement from the Department of State received on this 7th day of June , 1993, at 10:00 A.M. a. m/p . m. and filed -E' -the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND EGAL SUFFICIENCY BY TERRENCE P. O'BRIEN ASST. COUNTY ATTORNEY 25 PUBLIC HEARING — RICHARD FEY'S REQUEST FOR SPECIAL EXCEPTION USE APPROVAL AND CONCEPTUAL SITE PLAN APPROVAL FOR. A PRIVATE LAND CLEARING DEBRIS BURNING FACILITY The County Attorney announced that this public hearing has been properly advertised as follows: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County. Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, A daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a In the matter of r! ` in the Court, was pub- lished in said newspaper In the issues of Affiant further says that the said Vero Beach Press•Joumal 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 a 146 r r o a ` A.M18 _ .� (Business Manager) (SEAL) r• f1 9/ I 1" NOTICEOFtMlB M EAflNtt ' • I Notice of hea" to aaaider Gro prarr4g d a anpwd I exoeptlon use appovd fora Y :; dearY+D deerb tsnig faci�r�and�aonoepoitl s o�wnedM�hylP�The lt" Et AL. �d 1 61X. Bea the abaw-mW for tha pr A 'pubb hu at whir pefts In tntera I - a dal hwa m appoprpwdyy b be heard, r In�er Mw tOcu y, Fb iida. in the Caaft �cor" abn Ch mb M d pa Canty %d====ada= But hq, based at 1610 2 th StreK Vero eeadr, Fk .:Ida an Tueedayr, May 10. 1993 at 9.13 am "M who may wish to are pat a mbatim reoard of ftpraoeairrlp Mede, whidr YraYrdea astlmony and i aNderbs up ' whidf ftomaWbicased ANYONE NEMSA SPECIAL ACCOAAiN00 TION FOR THIS MEETM fA13T CONTACT V COUNTrS AM939CANS YYfrH DISASUTES At ADA) COORDINATOR AT 5674MM X408 o 48 HOURS N' ADVANCE , OF THE MEF ; No. ti.MIAN FUM COUNTY _- Sowdd Comnisstarraa BY•a-Ridard N. RYd. CIWMan . Apr1X8,1993 • ' :; M 9@86 After discussing the best way to conduct this hearing, the Board decided to first hold the public hearing on the request for special exception use and conceptual site plan approval, hold the decision in abeyance, open up the Solid Waste Disposal District meeting to address the District's bond covenants against competitive burners, and then reconvene the County Commission meeting and make a decision on Mr. Fey's request for special exception use approval. The Board reviewed the following memo dated 5/10/93: -Tl MAY 1 BOOFAGF.567 ��V K BOOK. 89 PgE 568., MAY 18 03 7 TO: James Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert M. Reati g, AVP Community Development Director Ift THROUGH: Stan Boling, AICP Planning Director FROM: Eric Blad� Staff Plani er, Current Development DATE: May 10, 1993 SUBJECT: Richard Fey's Request for Special Exception Use Approval and Conceptual Site Plan Approval for a Private Land Clearing Debris Burning Facility [SP-MI-93-06-014/IRC #93030069-002] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 18, 1993. DESCRIPTION AND CONDITIONS: Richard Fey, d/b/a L.I. Tree Service, Inc., represented by Peter W. Jones, P.A., has submitted an application for conceptual site plan and special exception use approval for a private land clearing debris burning facility. The subject site is located approximately 1/2 mile southwest of the City of Fellsmere on CR 512 and abuts the Park Lateral Canal to the east. The subject property is located within an A-2 zoning district, a district which requires special exception use approval for a land clearing debris burning facility. The proposed plan for the facility is conceptual in nature, and its approval will not constitute approval for construction. If this special exception use and conceptual site plan approval request is granted, a subsequent site plan for construction must be submitted and approved prior to actual site development. At its regular meeting of April 22, 1993, the Planning and Zoning Commission voted 3-2 to recommend that the Board of County Commissioners grant the special exception use and conceptual site plan approval request. The county code, however, requires that at least 4 members of the 7 member Planning and Zoning Commission vote in favor of a motion for that motion to be approved. Because the referenced motion passed with only three favorable votes, no official recommendation from the Planning and Zoning Commission can be forwarded to the Board. Pursuant to the county's special exception procedures, this request is to be heard by the Board of County Commissioners without an official recommendation from the Planning and Zoning Commission. The Board of County Commissioners is now to consider the request and approve, approve with conditions, or deny the special 'exception use application. Pursuant to section 971.05 of the LDRs, the Board of County Commissioners is to determine whether the use is appropriate for the subject property and surrounding area. Based upon this determination, the Board may grant approval and attach any conditions and safeguards deemed appropriate to mitigate 27 impacts and to ensure compatibility of the use with the surrounding area. ANALYSIS: 1. Zoning Classification: A-2, Agricultural, up to 1 unit per 10 acres 2. Land Use Designation: AG -2, Agricultural, up to 1 unit per 10 acres 3. Surrounding Land Use and Zoning: North: Vacant/A-2 South: Vacant/A-2 East: Park Lateral Canal, roadway/A-2 West: CR 512/A-2 Note: The nearest residences are located approximately 1,500' (.3 of a mile) to the south and approximately 2,000' (.4 of a mile) to the east of the site. 4. Total Area of Development: t50 acres 5. Building Area: 288 sq. ft. . s Note: As depicted on the conceptual plan, the administrative/security functions are proposed to be housed in a 288 sq. ft. trailer. If a trailer is to be used, the applicant must receive administrative permit approval for accessory trailer housing for a night watchman pursuant to the specific land use criteria set forth in Section 971.41 of the county's land development regulations. Such approval will need to be included with any subsequent site plan request. If trailer use is not approved, then a structure meeting the building code will need to be used. 6. Impervious Surface: The applicant anticipates that the total impervious surface on the site will not exceed 5,000 sq. ft. Final calculations will be presented with any subsequent site plan submittal. 7. Open Space: Required: 80% Provided: 98% (excluded from the open space area are the estimated impervious surface area and 40,000 sq. ft. of incinerator operation area.) 8. Traffic Circulation: The conceptual plan proposes access to the site directly from CR 512, and proposes CR 512 as the principal project haul route. An existing access to the site off Park Lateral Canal roadway may remain useable as an emergency access only, and is not to be used for project operation. The County Traffic Engineer has reviewed and approved the proposed access and circulation plan. 9. Stormwater Management: The Public Works Department has approved the conceptual drainage plan for the proposed project. The final drainage plan design, as required by Stormwater Management and Flood Protection chapter 930 of the LDRs, will be provided with a subsequent site plan application. 10. Landscaping and Buffering: The site contains adequate acreage to accommodate off-street parking and non -vehicular open space landscaping requirements which would be applied to the project during review and approval of any subsequent site plan request. 28 AY J 8 1993 �ooK .89 Fad :569 J MAY 18 1993 BOOK 89 Fa,F 570 It should be noted that no buffering is specifically required for this project since the subject site does not abut any residentially designated properties. Specific land use criteria applicable to this type of project require buffering only where a project site abuts residentially designated property (see item 16.g.). 11. Utilities: The site is not within the Indian River County Utility Service area. Therefore, no water or wastewater service is available. The Solid Waste division of the Utility Services Department has reviewed the project proposal, and will forward its recommendation regarding the project to the SWDD Board at the appropriate time. As noted under item 16 of this report, SWDD Board action could render this special exception use request unapprovable. 12. Health and Rehabilitative Services (HRS): Environmental Health has no objection to approval of this conceptual site plan. As required by the LDRs, applicable septic tank/drainfield and well permits must be issued by the HRS Environmental Health office prior to development. 13. Environmental Issues: Environmental planning staff have conducted a cursory site inspection pertaining to wetlands, native vegetation communities and exotic vegetation. Staff have determined that the site is largely native dry prairie, and a set-aside not less than 10% of the total property area is required. During the subsequent site plan review and approval process, environmental planning staff will require dedication of a conservation easement to the county, the removal of exotic vegetation, and a verification from the Army Corps of Engineers regarding whether jurisdictional wetlands exist on the site. Adequate open space and setback areas are proposed on the conceptual plan to satisfy the conservation easement requirement. 14. Dedications and Improvements: No dedications or improvements are required as part of this conceptual plan approval request. The applicant has acknowledged staff's comment that the ultimate CR 512 right-of-way width required by the County Thoroughfare Plan is 1001, and that a determination must be made as to whether any Murphy Act reservation deeds affect the site. Setbacks and any possible right-of-way acquisitions will be addressed during the review process for subsequent site plans. Proposed project area and setbacks accommodate any future CR 512 right-of-way acquisition needs. The Public Works Department has verified that there are no widening projects planned for CR 512 west of the City of Fellsmere in the 20 Year Transportation Capital Improvements Program. 15. Concurrency: The applicant has obtained a Conditional Concurrency Certificate for this project. Prior to the approval of future site plans, an Initial/Final Concurrency Certificate must be obtained. a 16. Specific Land Use Criteria: The application must satisfy the following specific land use criteria applicable to private land clearing debris burning facilities in the A-2 zoning district: a. There shall be, at minimum, a five hundred -foot separation distance between the burn area of the facility and any occupied structure in existence at the time of the site plan application. _ 29 M b. The use shall be limited to property within an AG -1, AG - 2, or AG -3 land use plan designation. c. The facility shall have direct access to a thoroughfare plan road, or direct access to a non -thoroughfare plan road that has a traffic volume of less than forty (40) trip ends per day. d. No debris storage or burn area shall be within three hundred (300.) feet of any property line. [Report Note: the conceptual plan shows a 300' setback around the entire site perimeter. No burning or stockpiling is allowed in this setback area.] e. Prior to site plan release, the applicant must provide the county a copy of the appropriate Florida Department of Environmental Regulation (FDER) permit or other written approval or letter of no objection from FDER for the proposed project. f. The facility must be approved by the Indian River County Solid Waste Disposal District (SWDD) Board. g. A Type "A" buffer must be provided on all boundaries abutting residentially used or residentially designated property. [Report Note: no residentially designated properties abut the subject site at this time.] h. The volume of stockpiled land clearing debris on site shall not exceed the thirty -day burn volume capacity of the incinerator. The site plan application shall show how the volume of all stockpile areas on the site shall be limited to the thirty -day burn volume capacity of the incinerator. i. If any of the debris hauling route(s) associated with facility operation is over county maintained, unpaved roads, the applicant must maintain that section of the hauling route during the debris hauling activity, and security for this purpose may be required, as determined by the county engineer. The provisions of section 934.09 of the county excavation and mining ordinance shall apply to debris burning facilities, in the same way said provisions apply to excavated material hauling activities associated with mining operations. All of the above specific land use criteria have been satisfied by this conceptual site plan or acknowledged in writing as part of the application, with the exception of the required SWDD Board approval. Therefore, any special exception use approval will be subject to SWDD Board approval of this project. Any conditions attached to the project by the SWDD Board will become conditions of the special exception use approval. 17. Additional Staff Concerns: The issue of smoke emissions and related pollution and nuisance concerns are to be addressed by the Florida Department of Environmental Regulation (FDER). FDER has the permitting authority and expertise to address the incinerator equipment set-up and operation. Therefore, no site development or site plan release may occur prior to proper FDER permitting of the project. 'It is staff's understanding that the FDER will require an initial "construction" permit to approve the type of incinerator used and its set-up on site. Additionally, an annual "operating" permit is required. The "construction" and "operating" 30 L_ MAY i o 1993 Boa 89 PnF 571 r MAY 18 1993 BOOK 89 mu 572 -7 permits were required of the county landfill incinerator operation. Many of the concerns expressed by the public at the April 22, 1993 Planning and Zoning Commission public hearing involved air quality and regulatory monitoring of emissions. At the meeting, the applicant's prospective incinerator supplier showed a demonstration video tape of a refractory type incinerator in operation. To ensure that an incinerator comparable to the one shown at the meeting is employed on the site, the Planning and Zoning Commission added to its approval motion a condition that the incinerator used on the site be identical or of equal performance to the type and model presented by the petitioner at the April 22, 1993 Planning and Zoning Commission meeting. In staff's opinion, such a condition should be attached to any project approval to establish a minimal degree of incinerator equipment performance exceeding FDER emission requirements. Although stockpiling debris on site is partially regulated by the specific land use criterion that limits the amount of debris stockpiled on site to a 30 -day burn volume, there was still a concern about the proper removal and disposal of the stockpiles if the business fails. To guarantee such removal and disposal, the staff recommended and the Planning and Zoning Commission approved a requirement that the applicant be required to post security with the county in an amount sufficient to pay for the proper removal and disposal of a 30 - day burn volume of debris. RECOMMENDATION: Based on the analysis performed, staff recommends that the Board of County Commissioners grant special exception use and conceptual site plan approval for the requested private land clearing debris burning facility with the following conditions: 1. Prior to the special exception use approval becoming effective, the applicant must obtain approval from the Solid Waste Disposal District (SWDD) Board as required by the specific land use criteria. Special exception use approval shall not be effective unless and until SWDD Board approval is given. Special exception use approval shall be subject to any conditions of approval placed upon the project by the SWDD Board. 2. Prior to any site clearing or development, the applicant must obtain approval and release of a site plan, as well as all applicable permits. Note: FDER permitting is a part of the site plan special land use criteria. . 3. Prior to the release of any project site plan, the applicant shall post with the county funds in an amount deemed satisfactory by the SWDD staff to guarantee proper removal and disposal from the site of a 30 -day burn volume of debris. 4. The type of incinerator to be used on the site shall be . a refractory wall type incinerator manufactured by Air -Burner, Inc., model # S-121, or type of equipment equal to or exceeding the performance of the referenced incinerator, as approved by the FDER and SWDD staff. 31 Robert Keating, Director of Community Development, recounted that this is a use that wasn't allowed in the county until the County amended the LDRs last September. Before that, we allowed temporary burning of debris from the site -from which it was generated as long as an air -curtain incinerator was used. When the LDRs were amended, there were two major changes. One was the permanent debris burning category we are addressing today and the other was the more lenient, liberal, expansive interpretation of temporary burn facilities. That liberal view indicates that if a land clearer controls the piece of property (not necessarily owns the piece of property), he can bring debris from any other property that he clears to that property without needing to obtain approval from the County. He just needs to get a burn permit from the State Forestry Division and the County's Emergency Services Department. Back then, both Planning staff and the SWDD staff agreed that it would be best if SWDD preempted burning altogether; however, because SWDD didn't specifically address the issues back then, the use was established and it was put in the LDRs. When it was put in, Planning staff looked at the land use primarily from a land use perspective, i.e. separation distances, buffering, incidence of truck traffic, etc. Director Keating recalled that back in September we received complaints from residents on a couple of land clearers who were burning just as temporary facilities, which is one of the reasons why this was all brought to a head. Planning staff has determined that this request meets all LDR criteria, and while it may seem that the Planning and SWDD staffs are going in different directions, both staffs agree that it would be best if SWDD preempted burning altogether. Commissioner Macht questioned why permanent land clearing debris burning facilities were made a special exception use in the LDRs considering the covenants we have in our bonding at the Landfill against competition from private facilities. County Attorney Charles Vitunac advised that Commissioner Macht's predecessor on the Board of County Commissioners was in favor of competition and had told staff to lay off acid let private industry come in and compete. Competition is one of the things that will be addressed today by the Board of Commissioners of the Solid Waste Disposal District. Director Keating and Planning Director Stan Boling presented staff's recommendation for conceptual approval of special exception use with conditions, one of which is to obtain a SWDD permit. SWDD's decision today could make or break the decision on this. Commissioner Adams understood this is much like the Macho situation in that there is considerable concern about how tightly 32 BOOK 89 Fdvt 573 BOOK 8.9 PA-GF.574 the Department of Environmental Regulation (DER) will monitor the operation. Ron Brooks, manager of the Solid Waste Disposal District, explained that the DER does minimal monitoring of smoke and gas emissions at the Landfill. Chairman Bird understood that this would be the first permanent permitted facility in the county, and Director Keating confirmed that it would be with the exception of one operated by Dr. Henry Fischer in the City of Sebastian. Considerable discussion evolved about the threat of fire caused by sparks from the burner. Utilities Director Terry Pinto agreed that burning certainly is the most cost effective way of getting rid of most materials; however, it is not very desirable when you consider the effects. Staff would very much like to get rid of burning and go to just a mulching operation. There are states in the country which have done away entirely with burning and gone to mulching. Commissioner Macht pointed out that diesel fumes from the mulcher have to be considered. Director Boling explained that a 30 -day burn permit is for the burning of waste generated on that particular property. Commissioner Macht suggested we direct both the Planning staff and the SWDD staff to change the ordinances so that we do not have to go through this again in the future, but Director Pinto emphasized that it is staff's opinion that SWDD already has policies in place that will not allow this to happen. County Attorney Vitunac advised that this case is now at the point where firm policies can be set in these cases. Director Pinto stressed that SWDD has been charged with disposing of all waste material in the county and if the Board feels that a facility is needed in the north county, staff probably would recommend that a mulching operation facility be built there. The Chairman opened the Public Hearing and asked if anyone wished to be heard regarding the request for special exception use approval and conceptual site plan approval. Chester Clem, attorney representing applicant Richard Fey, distributed the following background information: 33 _ M M PRESENTATION TO COUNTY COMMISSION Re: RICHARD FEY, d/b/a L.I. TREE SERVICE, INC., Owner The applicant is L.I. Tree Service, Inc., a family business owned by Mr. Richard Fey, a Sebastian resident. Mr. Fey has virtually spent his entire working life in the trimming, hedging and land clearing business. He started his own business (L.I. Tree Service, Inc.) in North County over five years ago with a pickup truck, a chain saw, some rope and a climbing belt. After approximately three months in business, he hired a laborer and purchased his first chipper truck. His business has grown consistently, because of his diligence and the quality of his work. In the five years he has been in business, he has built up a customer list of over 1,100. Depending on the time of the year, he employs as many as 15 well trained people to service his many repeat and first time customers. L.I. Tree Service, Inc. is fully equipped to handle any type of hazardous tree work, as well as providing complete tree care and maintenance and tree transplanting and sales from its tree farm. The Business A partial list of equipment of the company is enclosed for reference purposes. A new front end loader costing in excess of $140,000.00 will be purchased for utilization at the site, together with the incinerator at a cost of approximately $90,000.00. Some of the local customers of L.I. Tree Service, Inc. are: Florida Department of Transportation; City of Vero Beach; City of Sebastian; Windsor Polo Club; COSI-Johns Island; Sebastian Inlet State Recreation Area; Elliott Management Systems; Vista Properties. Mr. Fey is•willing to give any information reasonably necessary to County staff to consider this land use. Anyone in private business will understand the necessity of business to maintain the confiden- tially of its business operation and finances. Mulching, chipping, processing of logs and incinerator are logical extensions of the existing business. This facility will help keep this business competitive with others involved in the land clearing business, including -those who have their own incinerator. His knowledge of the business and his fairness has earned him the respect and confidence of the many people he has serviced. 34 MAY 18 1993 Boos 89 PACT 575 MAY 181993 BOOK 69 ucr— 576 Site Layout The site itself is 50 acres. All activities on the site are literally hundreds of feet from the outer perimeter of the property and hundreds of feet from other property. A review of the site plan shows the careful use of the property to insure against any adverse impact on the surrounding area. Vegetation Buffer The perimeter of the property, on all sides, contains a consider- able depth of trees and vegetation, which will be left intact and improved upon. The goal is to completely shield the facility from the roads and the surrounding area. The existing growth and the County buffer requirements will insure a visually pleasing facility. Location of Site The location of the site is such it cannot have an adverse effect on surrounding property. State Road 510 is on the North. A road and canal separate the property on the East and the distance of hundreds of feet separate this property from property to the South. The location is well over one-half mile West of Fellsmere and cannot have an adverse affect on any interest of the City of Fellsmere or its residents. Use of Site The use'will be inoffensive: 1. The incinerator is "state of the art." A condition of the Planning and Zoning Commission was that the unit be comparable with one demonstrated by video to that Commission. Smoke from the limited time it is operated is truly minimal. 2. The facility is subject to any reasonable rules and regula- tions imposed by the County. The County has a multitude of remedies included in its arsenal of police powers, including regulating appearance, hours of operation, emissions, sounds, etc. The County has code enforcement available for staff enforcement, as well as normal Court action. 3. The facility is also subject to regulation by the Department of Environmental Regulation for emission standards, as well as the Division of Forestry for the regulation of all aspects of burning. Investment The investment of Mr. Fey is substantial and is probably the best proof of his commitment to this project. The land, equipment and development costs will be approximately $500,000.00. No one with an investment of this magnitude will jeopardize that investment by an imprudent operation. Land Clearing Material Only Mr. Fey is in the land clearing business and needs this location to process the land clearing debris generated in his business. 35 He is willing to specify that the material at the site will be limited to land clearing debris only and not material from the demolition of buildings or other material. He is also willing to stipulate that any material brought to then site be by contract J=sinesses, in order to limit traffic to and from the site. Recycling Aspects There should be as little burning as possible, in order to utilize the material brought to the site. The intent of the applicant is to make this more of a recyclable center, which would tie in with his land clearing business. It is anticipated that any logs millable would not be burned, but taken to a mill. Any wood that would lend itself to firewood would be cut into cord wood and sold on a wholesale basis, thereby eliminating the need to burn this. The brush, to the extent possible, would be mulched and chipped and contracted for removal from the site. The incinerator would burn any remaining trash and stumps brought to the site. The incinera- tor of the type to be utilized leaves only ash remaining, which would be transported from the site to be utilized in agriculture (primarily groves). Tax Base Consideration The property is presently assessed for agriculture usage. It would be expected that the assessed value would be markedly increased by this new usage and this property would carry more of the County tax burden than at present. Employment at Site The site would employ one - three full or part time employees, which will help the employment base, as well as insure a proper operation. The facility will be carefully supervised at all times and particularly when the incinerator is in use. Backup in Case of Disaster Cleanup A facility of this type disaster cleanup. It cooperate in cleanup natural disaster. Competition should be welcomed in this area for natural is expected that the facility would fully of debris following a hurricane or other Competition should benefit the people of the County by keeping the price of disposal of land clearing debris at a reasonable level. The converse of this is true that price gouging is to be expected where competition does not exist. The limited facilities keep the price of disposal at an arbitrarily high level. Traf f is Because of the manner in which this business is to be operated (dealing with contract haulers), there will be a minimum amount of traffic on County Road 510. The owner does not anticipate over 15 truck trips per day from all sources. The anticipated usage (and much more) is still in compliance with the City's comprehensive plan relating to traffic. 36 BOOK 89 `m F ,,5 77 MAY I BOOK 89 FbGF 578 Land Use Code Considerations The property is A-2, which contemplates a variety of uses -- not just planting of trees or crops. For example: Some uses are commercial stables, commercial kennels, packing house, cemeteries, correctional institutions, major sports facilities, off road vehicle tract, veterinary clinic, transmission towers, recycling center or mining. Some uses require administra- tive or special exception approval, but all are contemplated for this zoning class. A copy of the County code is attached for reference purposes. What This Land Use Is Not This is not a franchise operation in which waste is picked up curbside or at a place of business. Mr. Fey is in the land clearing business. This involves such clearing as home and building sites, right of ways and subdivision and large tracts to name a few. The product of the land clearing (brush, trees, etc.) is moved to this site and processed (burned, mulched or stacked). There are no customers such as a garbage route. There are no trucks making periodic pickups around the County. The regulations imposed and the nature of this operation does not lend itself to being a franchise. No businessman would subject himself to spending hundreds of thousands of dollars for a fixed site, which could effectively be taken away by merely denying the extension of a franchise. Attorney Clem recapped the following arguments in favor of his client's request: 1) The site was carefully selected. It is a buffered site and it has met the stringent setback requirements. 2) The incinerator will be about half the size of semi- trailer truck. 3) Mr. Fey hopes to use this site as a recycling facility. He needs to stay in competition. Right now, the County has a facility and Dr. Fischer has a facility and it is a monopoly. 4) This is an inoffensive use, particularly when you look at what is allowed in the A-2 zoning, such as kennels, etc. 5) Under the LDRs this is an allowable use with special exception use approval. Attorney Clem offered to show a video of the remote area where the burn site would be located and noted that representatives from the incinerator manufacturer are here today to answer any questions. He hoped they don't come up against a wall in the SWDD requirements. Chairman Bird felt the main concern is with the incinerator, and Attorney Clem circulated the following picture noting that the incinerator would be 21 ft. long by 9 ft. wide and about 9 ft. tall: 37 � E FT Z WHO � ;•:] t ~ �jli{ s D . i Y .� Y ,7'1 ,,•_ ..'�^V "..' :gay t�/;`X. Richard Fey, gave a detailed explanation of how the burner works and how the ashes are removed, noting that the smoke is actually brought back into the box, similar to a cyclone pattern, and there is a blower on the top. He had been taking all of his debris to Dr. Fischer's operation, but had to cut back after their prices were increased from $44.50 a load to $192.50. He has three trucks at the present time and has a contract with the City of Sebastian to clean out their ditches, which could amount to 6 or 7 loads a day. He has had to cut all production back and was forced to stockpile debris from a DOT job on U.S. #1 at the Sebastian River bridge. Mr. Fey stated that he has not been cited by the County for dumping or stockpiling. Commissioner Adams mentioned two citings by the Code Enforcement, but Mr. Fey stated that one was another company and the other was regarding stockpiling on his father's property. The Chairman asked if anyone else wished to be heard on this matter before this Board adjourned to sit as the Board of Commissioners of the Solid Waste Disposal District. Leroy Hiers, resident of Fellsmere and a member of the Planning & Zoning Commission, pointed out that the request didn't get the recommendation of the P & Z Commission because it didn't receive 4 favorable votes (the vote was 3-2). He didn't believe 38 MAY 1993 BOOK X89 9 MAY 181993 BOOK 89 PAU..58*0 the burning site was going to be good for his health, and he defended his neighbor's right to operate an ostrich farm without the threat of harmful emissions. George Palace, 85th Street, advised that his property is only one quarter of a mile away from the proposed site and his elderly parents who live with him have chronic health problems. His property is zoned Agricultural and he is planning to use it for an agricultural purpose, the raising of ostriches. They already have $250,000 in this property. Mr. Palace emphasized that emissions from the incinerator will kill these ostriches. He pays $3,000 a year in property taxes, and if assessments drop on properties in the area because of their proximity to this burning facility, the County will have less tax monies to spend. He urged the Board to deny Mr. Fey's request for special exception use approval. Al Vilardi, resident of Sebastian, recalled that when a known polluter came before this Board a while back asking for permission to burn, the Board didn't appear to be a bit concerned. Now, however, the Board is putting this applicant through the mill on an operation that will be built even further west. The people in Fellsmere didn't seem to be concerned about that known polluter and he felt something is amiss here and that we should get back on track for the right thing. Woody Halsworth of Fellsmere was in favor of developing the agriculturally designated land in an agricultural manner. He stressed the benefits of growing food locally for local consumption. Joseph Brooks, former Mayor of Fellsmere, pointed out that the Land Development Regulations (LDRs) do not allow any type of business that would emit air pollutants into the atmosphere and those uses are spelled out in the ordinances. Since the DER does not have the necessary manpower to consistently monitor the operation of these incinerators, there is nothing much anyone can do about it if an operator of the incinerator wants to save a little money by not operating it properly. Bruce Barkett, attorney representing Al Kahn, spoke against the allowance of the burning use, noting that his client went through a very lengthy process to get a density of 1 unit to 5 acres for rural type residential and this burning operation threatens the viability of a residential development. He distributed copies of the ordinance showing the pollutant laws. Attorney Barkett concluded by pointing out that the County just spent a considerable amount of money on a mulcher; that this 39 use would endanger public -health and safety; and that this use would have a negative impact on neighborhood integrity. Bob Baker, Fellsmere City Councilman, reported that at least 200 people have approached him at City Hall with their concerns on this matter. He advised that Dr. Fischer's facility does chip as well as burn. He urged the Board to disallow this use. Greg Golien, stated that he lives 3 miles from Dr. Fischer's facility and very seldom notices any smoke. Dr. Fischer's facility is within 1/4 mile of.highly valued houses, and he believed this thing about property values and the smoke leaving the area is not necessarily true. He felt that because of the regulations in place, the applicant should be allowed the facility he is requesting. Rene Herrera, Mayor of Fellsmere, stated that she was here today to reinforce the letter of opposition she sent to Commissioner Adams: J11b, 1993 The Honorable Fran B. Adams County Commissioner Board of County Commissioners Indian River County 1840 - 25th Street Vero Beach, Florida 32960. RE: Tublic Hearing - May 18, 1993 9:05 a.m. Richard Fey, d/b/a L.I. Tree Service, Inc. -land clearing debris burn facility Dear Fran: On April 12, 1993, I wrote a letter to Chairman Richey, Indian River County Planning and Zoning Commission, which is attached for your information. At the conclusion of the Planning and Zoning Commission meeting the board voted three (3) in favor and two (2) against the land clearing debris burn facilities special exception use approval. The City of Fellsmere, its residents and surrounding county residents continue to strongly oppose the location of this site. We are extremely concerned with the air pollution this site will cause, the environmental impact and the traffic impact on County Road 512. 40 MAY J ij 1993 BOOK 89 pAUE 5 r MAS IS 1993 BOOK 89 PAGF.582 On behalf of the City Council of the City of Fellsmere and its residents, I strongly urge you and your fellow commissioners to vote NO on granting the special exception use approval for a private land clearing debris burning facility, during the County Commission meeting May 18, 1993. Thanking you in advance for your consideration in our request. Sincerely .Te I Eerrera Mayor RE/dck Dale Carter, was opposed to the allowance of this use because it wouldn't be properly monitored, there is no limit to the stockpiling, and it seems we have nobody who can regulate. He pointed out that when Mr. Fey initially came to the City of Fellsmere on a site 3 miles away that is closer to I-95, there wasn't any conflict with that. Personally, he believed we need competition in this business activity, but the proposed site just is not the place for it. Carol Hendrickson, Fellsmere City Councilwoman, emphasized the residents' objection to the increased truck traffic that would result from this operation. With the 6 or 7 loads a day just from the waste generated by Mr. Fey and another 2 or 3 trucks from other places, that's 10 trucks a day making at least 2 trips each, or 20 daily trips. Moreover, she has heard that people in Brevard County intend to use the proposed facility. Mrs. Hendrickson stressed that Fellsmere doesn't need the added traffic to their town which is just beginning to grow and blossom, and she urged the Board to deny the special exception use. Eleanor Yashewski, advised that she moved here two years ago and is afraid of a serious fire starting at the proposed site. With the incinerator -on the east side of the City, another one at this location would be too much. Harold Platt, stated that he owns the property that Mr. Fey is trying to purchase. His family owns about 1,800 acres around the proposed site. He didn't feel there would be any problem with it 41 because there are many safeguards. If the facility is not being run properly, it can be shut down. Mr. Platt felt everyone is losing sight of what they want the community to be. If his family thought this was a major threat to the health of the community, they would not have offered to sell them the land because they will be retaining 150 acres there. Mary Barber, resident of Fellsmere, presented a petition signed by those in opposition to the burning facility. Gary Smith, owner of 8 acres and a small horse farm, didn't feel that humans or animals should have to breathe polluted air. He also was concerned about the heavy trucks going over the small bridges in the area. Mary Carter, representing the Fellsmere Library Association, suffered from chronic bronchitis and was afraid to have this operation in the proposed location. She urged the Board to consider the health problems of the elderly residents. Attorney Clem stressed that they are not trying to push anything down the throat of Fellsmere, noting that the site is very remote. All they are asking for is a use that is permitted under the Comprehensive Land Use Plan as a special exception. As far as SWDD is concerned, there are no regulations in place at this time. What staff wants to do has not been adopted yet, and he didn't think the Board wanted staff to make policy. Attorney Clem stressed the substantial financial investment that Mr. Fey is making to establish another burn facility in this county to break up the monopoly of the County's facility and Dr. Fischer's facility. Deputy Clerk Barbara Bonnah announced that the Clerk's Office acknowleges the receipt of letters and petitions from 90 people who oppose the burning facility. There being no others who wished to be heard at this time, Chairman Bird closed the Public Hearing on the special exception use and conceptual site plan. Chairman Bird explained that the Board would now adjourn to sit as the Board of Commissioners of the Solid Waste Disposal District and, after determining whether there is any ability to permit another burn facility in this county under the District's regulations, would reconvene sitting as the Board of County Commissioners. (SWDD Minutes are being prepared separately.) On Motion duly made, seconded and carried, the Board temporarily adjourned at 11:22 o'clock A.M. 42 �©oK 89 MAY 1 199 MAY 18 1993 BOOK ,89 Fmu,F5S4 _ 7 The hour of 11:55 o'clock having passed, the Board reconvened sitting as the Board of County Commissioners of Indian River County. Attorney Vitunac announced for the record that the County Commissioners of the Solid Waste Disposal District just voted to not authorize any incineration operations of any nature within the distances of the District unless it is to burn material generated by land clearing operations wherein the debris is burned on the properties from which it is generated. The situation now is that the special exception use cannot be approved without the special permit from SWDD. Commissioner Adams was ready to make a Motion that the Board deny staff's recommendation to grant special exception use approval and conceptual site plan approval. Attorney Vitunac advised that the Board has to make certain findings in denying a special exception use: 1) That the applicant has not met its burden of proof regarding the issues on the general criteria, and 2) That the applicant did not get a SWDD permit. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Eggert, that the Board deny Mr. Fey's request for special exception use approval and conceptual site plan approval for a burn facility for the reason that it did not meet criteria listed in paragraphs (7), (9)(a)(b) and (10) of Section 971.05 of the Land Development Regulations: (7) Rmuired Finding by the reviewing body. Be. fore any application regarding a special exception use shall be approved, the reviewing body shall make a finding that it is empowered under the provisions of this chapter to review the specific use applied for, and that the granting of the spe- cial exception will not adversely affect the public interest. The reviewing body shall also make find. ings certifying that both the general and spec criteria for the review of special exceptions have been satisfied and that adequate special condi- tions have been imposed to ensure compatibility between the special exception use and surrounding land uses with regard but not limited to: (a) Ingress and egress to property and proposed structures thereon with particular refer- ence to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; (b) Off-street parking and loading areas, where required, with particular attention to the items in (1) above and the economic, noise, glare, or odor effects of the special excep. tion on adjoining properties and properties generally in the district; 43 (c) Utilities with reference to location, avail- ability and compatibility; (d) Screening and buffering with reference toy type, dimensions and character, r (e) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, eco- nomic effects, and compatibility and har. mony with properties in the district; M Required yards and other open space; (g) Any special requirements set forth in the zoning district regulations for the partic- ular use involved. M - M (8) Status of decisions. Actions taken by the board of county commissioners regarding the granting of special exceptions along with any ap- propriate conditions and safeguards shall be deemed final unless an appeal is filed pursuant to the procedures of Chapter 902. (9) General criteria for review of special excep- tion uses. Prior to approval by the board of county commissioners, a special exception use applicant must present evidence of compliance with the below cited general criteria as well as spec cri- teria for the respective special exception use cited herein in Chapter 971, regulations for specific land uses. The applicant shall have the burden of es- tablishing, by competent material and substan- tial evidence, the existence of the facts and con- ditions which this chapter requires for approval. The applicant shall have the responsibility to present evidence in the form of testimony, ex- hibits, documents, models, plans and the like to support the application for approval of a special exception use. (a) Consistency with comprehensive plan and zoning code. The proposed use shall be con- sistent with the comprehensive plan and with the stated purpose and intent of the appropriate district regulations and all ap- plicable regulations within this chapter. (b) Compatibility with surrounding land uses. The proposed use and its location shall be compatible with surrounding land uses and the general character of the area, based on consideration of such potential impacts as traffic generation, drainage, nuisance im- pacts, lighting, appearance, and other fac- tors potentially impacting the character and stability of the surrounding area. (d) Promote orderly development. The use and proposed location shall promote orderly and efficient development considering such fac- tors as impact on public facilities, preser- vation of neighborhood integrity, and sim- ilar factors impacting orderly development of the area (10) Specific criteria for review of special excep- tion uses. In addition to satisfying the general cri- teria for reviewing special exception uses as es- tablished herein, a special exception use must also be found to satisfy the specific criteria for the par- ticular land use, as established in this chapter. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 23, 2-27-91; Ord. No. 9148, § 85, 12-4-91) (c) No adverse impacts on public health, safety, and general welfare. The proposed use and its location and method of operation shall promote the public health, safety, and gen- eral welfare. The proposal shall include any landscape and structural improvements, public facility expansions, and operational restrictions or procedures required to effec- tively mitigate potential negative impacts of the use. 44 MAY 18 1993 800K 89 fAvE 585 MAY 11993 Boa 89 mu, F 586 Under discussion, Commissioner Tippin stated that he would support the Motion because he would prefer to see a site much further away, and Chairman Bird agreed that the site was too close to Fellsmere. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously 5-0. Director Keating asked for direction on how staff should proceed pursuant to SWDD's determination. If the Board would like, staff could come in during the next round of LDRs with an amendment to disallow any private land clearing burning facilities. .The other issue is the disallowance of any temporary burn facilities except for those where debris is burned on the site from which it is cleared. Commissioner Adams understood that the SWDD Board just approved that. Director Keating advised that they would come back with an LDR amendment at the next round of hearings. He asked if the Board would like to invoke the pending ordinance doctrine for the temporary burn facilities, and Attorney Vitunac answered affirmatively, emphasizing that he felt it is very clear to every applicant that they are not going to get a permit and that they should not invest any money or time in such an effort. The Board indicated their approval. Commissioner Macht left the meeting at 12:03 o'clock P.M. to keep a personal appointment. RESOLUTION APPOINTING MEMBERS OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE The Board reviewed the following memo dated 5/11/93: 45 TO: James E. Chandler County Administrator DIV ION HEAD CONCURRENCE: Robert M. Keating AIC Community Development Virector FROM: Christopher D. Rison OJO(L Senior Planner, Long -Range Planning DATE: May 11, 1993 SUBJECT: Indian River County Affordable Housing Advisory Committee Membership Appointments It is requested that the data herein presented be' given formal consideration by the Board of County Commissioners at their regular meeting of May 18, 1993. DESCRIPTIONS AND CONDITIONS: On April 6, 1993, the Board of County Commissioners adopted Ordinance No. 93-13, which established the Indian River County Local Housing Assistance Program and created the Indian River County Affordable Housing Advisory Committee. At that time, the Board also approved the Indian River County Local Housing Assistance Plan which was subsequently transmitted to the Florida Housing Finance Agency for compliance review. This Plan must be approved by the Florida Housing Finance Agency in order for the County to obtain state funds under the State Housing Initiatives Partnership Program. Recently, the County received notice that the- Florida Housing Finance Agency had completed its .review of the County's Plan. While the Plan was found adequate, subject to several minor changes being made, Florida Housing Finance Agency guidelines require that members of the Affordable Housing Advisory Committee be appointed before a Local Housing Assistance Plan may be approved. Therefore, the Board must now make appointments to the Affordable Housing Advisory Committee in order for the County's Plan to be approved. ANALYSIS: Section VI of Ordinance No. 93-13 (codified as Section 308.07 of the Indian River County Code), in compliance with Section 420.9076, Florida Statutes, outlines the requirements of the Affordable Housing Advisory Committee's structure and duties. This section further requires that the members of the Committee be appointed by resolution of the Board of County Commissioners. In response to the mandated requirements, staff has prepared an appointing resolution (Attachment "A") which identifies proposed members of the Committee. As structured, the proposed committee membership includes several previous members bf thb County's Affordable Housing Advisory Committee. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the resolution appointing the members of the Indian River County Affordable Housing Advisory Committee. 46 MAY 18 1993 BOOK 89 FAcr 587 AY 18 1993 BOOK 89 PAGF 588 -7 Commissioner Adams asked if there are representatives from other areas such as the Oslo district. Commissioner Eggert advised that they are not going to be dealing with just this area and they are considering adding an alternate voting member for census tract. They will be coming back with a list. ON MOTION by Commissioner Adams, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commission Macht having left the meeting early) adopted Resolution 93-97, appointing the members of the Indian River County Affordable Housing Advisory Committee. Y E,VA r ® � RESOLUTION NO. 93 - 97 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, APPOINTING THE MEMBERS OF THE INDIAN RIVER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE. WHEREAS, Indian River County has adopted Ordinance No. 93 - 13 establishing the Indian River County Local Housing Assistance Program (IRCLHAProgram); and WHEREAS, Ordinance No. 93 - 13 has been codified as Chapter 308 of the Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County, through Section 308.04 of codified Ordinance 93-13, created the Indian River County Affordable Housing Advisory Committee (IRCAHAC); and' WHEREAS, Section 420.9076, Florida Statutes, and Section 308.07(1) of the Indian River County Code require that the members of the Committee be appointed by resolution of the Board of County Commissioners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The Affordable Housing Advisory Committee membership shall be composed of those persons described in Section 308.07(3)(a) and (b) of the Indian River County Code and as identified in Exhibit "A" attached to this resolution. Vacancies in membership shall be filled and approved by majority vote of the Indian River County Board of County Commissioners. 2. The Affordable Housing Advisory Committee is appointed to perform and complete the duties and functiofl's set forth in Section 420.9076, Florida Statutes, and Section 308.07 of the Indian River County Code. 3. As pertains to the Indian River County Affordable Housing Advisory Committee and the Indian River County Local Housing Assistance Plan, affordable housing is defined as housing .occupied by a household -paying housing expenses which do not exceed,thArty percent (30%) of the household's gross income. Monthly housing cost for owner -occupied housing shall include 48 BOOK 89 PAGE 589 MAY 18 1993 it k BOOK 89 PAGE 590 RESOLUTION NO. 93 - 97 mortgage principal and interest, taxes, insurance, and necessary utilities (excluding telephone and CATV). -Monthly housing cost for renter -occupied housing shall include contract rent and necessary utilities (excluding telephone and CATV). 4. The provisions of Chapter 103, Commissions and Boards, of the Indian River County Code shall apply to the activities of the Affordable Housing Advisory Committee unless otherwise specified in Section 308.07 of the Indian River County Code. 5. The Affordable Housing Advisory Committee shall have no power or authority to commit Indian River County to any policies, incur any financial obligation, or to create any liability on the part'of the County until approved or adopted by the Board of County Commissioners. The foregoing resolution was offered by Commissioner Adams and seconded by Commissioner Tippin , and, being put to a vote, the vote was as follows: Chairman, Richard N. Bird Ave Vice Chairman, John W. Tippin ,gym_ Commissioner Kenneth R. Macht Absent Commissioner Carolyn Eggert Ave Commissioner Fran B. Adams Ave. The Chairman thereupon declared the resolution duly passed and adopted this 18th day of May , 1993. INDIAN RIVER COUNTY, FLORIDA BOARD OF CO COMMISSIONERS By: R chard N. Bir , Chairman APPROVED AS TO FORM ATTEST• 1 AND LEGAL SUFFICIENCY: `7 Jeffe K. Barton, Clerk - William G. Collins, II Deputy County Attorney By: ,2 Dfiputy Clerk - 49 RESOLUTION NO. 93 - 97 Members of the Indian River County Affordable Housing Advisory Committee Appointed by the Indian River County Board of County Commissioners:. Representational Criteria Voting Members One (1) member of the Indian River County Board of County Commissioners A citizen who is actively engaged in the residential building industry. A citizen who is actively engaged in the banking or mortgage industry. A citizen who is a representative of those areas of labor.engaged in home building.. A citizen who is designated as an advocate for low-income persons. A citizen who is a provider of affordable housing. A citizen who is a real estate professional. A citizen who is a representative of persons with special housing needs such as, but not limited to, the elderly, or the mentally and/or physically challenged. A citizen who is a representative of Indian River County Census Tract Number 503.02. (Generally referred to as the Gifford Neighborhood) Appointed Member Carolyn K. Eqqert Tim Zorc Charles Lavin Alternate: Lynette Bell Non -Voting Members Frederick Bedford Charles Cox Bill Elliott Charles Davis Mary Boyle Ernestine Williams A member actively engaged in the banking or mortgage Tom Eby industry. Alternate: Deborah Mayfield A member actively engaged in the banking or mortgage Randy Riley industry. Alternate: Ann Luke 0 EXHIBIT "A" 1717 Y ��� PAC 591 L J BooK 89 FAcF592 -1 MAY 18 1993 RESOLUTION NO. 93 - 97 Representational Criteria Appointed Member Non -Voting Members Continued A representative appointed Jay Smith by the City of Vero Beach A representative appointed by the City of.Sebastian A representative appointed by the Town of Indian River Shores A representative appointed by the Town of Orchid A representative appointed by the Town of Fellsmere Lonnie Powell J. C. Dorsky Ernest Polverari Renee Herrera AMENDMENT TO COOPERATORS AGREEMENT - BARNEY GREEN (FELLSMERE GRADE) BOAT RAMP The Board reviewed the following memo dated 5/5/93: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Directoa� SUBJECT: Amendments to Cooperator Agreement - Barney Green (Fellsmere Grade) Boat Ramp REF. LETTER: Frank Morello to Jim Davis dated April 5, 1993 DATE: May 5, 1993 FILE: barney.agn DESCRIPTION AND CONDITIONS On June 8, 1990, Indian River County, the Florida Game and Fresh Water Fish Commission, and St. Johns River Water Management District entered into a tri -party agreement to Construct and 51 Maintain a boat ramp along the Fellsmere Grade at Structure S-96 (7 miles -west of CR507). The agreement at that time did not include an accurate project site description. At this time, a description has been prepared and an amendment is proposed to incorporate the new description. RECOMMENDATIONS AND FUNDING Staff recommends approval of the amendment and request authorization for the Chairman to execute it. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Commissioner Macht having left the meeting early) approved the Amendment to Cooperators Agreement, as recommended by staff. COPY OF AMENDMENT TO AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD SELECTION OF ENGINEERING FIRM FOR UTILITY RATE CONSULTANT SERVICES The Board reviewed the following memo dated 5/7/93: DATE: MAY 71 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO PROM: TERRANCE G. PINTO DIRECTOR OF UTILI ERVICES STAFPZD AND PREPARED BY: HARRY E. ASH ASSISTANT DIRE R OF UTILITY SERVICES SUBJECT: ENGINEERING FIRM SELECTION RFP FOR UTILITY RATE CONSULTANT SERVICES RFP 3081 SACRGROUND: On March 31, 1993, the Department of Utility Services received 8 responses to the Request for Proposal to provide utility rate consulting services relative to the above -referenced RFP 3081. The scope of services to be provided are as follows: W MAY 181993 BOOK 89 FAU S _ r BOOK 89� muE5- 94 MAY 18 j9�, 1.) Review of the new water, wastewater and reuse Master Plan for projected infrastructure costs and compare to the 1991 utility rate study and recommend impact fee rate revisions if necessary. 2.) Review existing reuse contracts, project costs for providing reuse and recommended rates, if necessary. 3.) Perform as annual review of user charges to ensure that adequate revenues are generated to cover operation, maintenance and replacement costs. 4.) Provide other related financial services as may be determined during the term of the agreement. The selection committee reviewed the 8 responses and selected 4 firms to be interviewed. MYSIS: On May 6, 1993, the selection committee interviewed the 4 firms. lois a result of the interviews, the firms were ranked as follows: 1.) CH2M Hill 2.) Brown and Caldwell 3.) Black and Veatch 4.) Burton and Associates RECOMMENDATION: The staff recommends that the Board of County Commissioners authorize the Department of Utility Services to contract with the first choice firm of CH2M Hill for Utility Rate Consultant Services. Each task under the contract will be negotiated independently and will be presented to the Board of County Commissioners on an individual basis. Commissioner Eggert asked if it was a good idea to have the same company come back and do the same work rather than a different firm with fresh personnel, and Utilities Director Terry Pinto answered affirmatively, stressing that we would not have to pay someone to start from zero. We truly need to have this consultant on board. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Commissioner -Macht having left the meeting early) approved the selection of CH2M Hill, as set out in the above staff recommendation. 53 GENERAL DEVELOPMENT UTILITIES REQUEST FOR INCREASE IN WATER AND SEWER RATES FOR VERO BEACH HIGHLANDS AND VERO BEACH SHORES The Board reviewed the following memo dated 5/10/93: DATE: MAY 10, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTIL VICES STAFFED AND PREPARED BY: CINDY E. WHITE FRANCHISE COORD OR DEPARTMENT OF UT LITY SERVICES SUBJECT: GENERAL DEVELOPMENT UTILITIES, INC. (GDU) REQUEST FOR AN INCREASE IN WATER AND SEWER RATES, CARRYING COST RECOVERY CHARGES, AND SERVICE AVAILABILITY CHARGES FOR THE VERO BEACH HIGHLANDS AND VERO BEACH SHORES DIVISION* BACKGROUND: On May 3, 1993, the Department of Utility Services received the attached rate increase package from General Development Utilities, Inc. Upon receipt of the package, the attached memo was prepared and sent to the Board of County Commissioners outlining the public hearing process and recommendation to hire an independent accounting firm to review the rate increase request. ANALYSIS: In accordance with Franchise Resolution 83-109, a public hearing before the Board of County Commissioners must be held within 90 days after receipt of the rate increase request; within 60 days after said public hearing, the Board of County Commissioners must approve or disapprove the rate increase. This department recommends that the firm of Rachlin & Cohen of Miami, Florida, be hired to review the rate increase package and determine an acceptable rate base. This company has experience in dealing with GDU, and has an excellent reputation in the analyses of rate increase requests. .11 J Per Resolution 91-31, the cost of hiring this firm would be paid by GDU. RECOMMENDATION:, The Department of Utility Services recommends that the Board of County Commissioners authorize the Department of Utility Services to proceed with an agreement with Rachlin & Cohen, in accordance with the attached proposal in the not -to -exceed amount of $15,590.00, to review the rate increase package submitted by GDU. The date of a public hearing to review the package within a 90 -day time frame will be determined at a later date. 54 A� A BOOK 89 FnF 5 5 BOOK 89 F F 596-7 MAY 18 1 In answer to Commissioner Eggert's question, Utilities Director Terry Pinto confirmed that if GDU can prove the need for a rate increase, there is nothing the Board can do except grant them that right. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Commissioner Macht having left the meeting early) authorized staff to proceed with an agreement with Rachlin & Cohen in an amount not to exceed $15,590.00, as set out in the above staff recommendation. SOUTH COUNTY WELLS - CHANGE ORDER #1 - DRILLING SERVICES, INC. The Board reviewed the following memo date 5/5/93: DATE: MAY 5, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRA FROM: TERRANCE G. PI DIRECTOR OF UT I VICES PREPARED WILLI M IN AND STAFFED CAPIT ECTS ENGINEER BY: DEPARAj&L OF UTILITY SERVICES SUBJECT: SOUTH COUNTY WELLS - CHANGE ORDER NO. 1 INDIAN RIVER COUNTY PROJECT NO. UW -91 -07 -WW BACKGROUND On February 23, 1993, the Indian River County Board of County Commissioners approved a contract with Drilling Services, Inc., for the installation of two 16 -inch public supply wells at the South County R.O. Plant (see attached agenda item and minutes). The awarded contract amount was $95,191.50, and the notice to proceed was issued in April 1993. One of the first items involved in this project was the drilling of pilot holes at each site to determine the exact depth of the well surface casing. This has now been accomplished, and it was determined that an additional 195 feet of surface casing would be required between the two wells. We are now before the Board requesting approval of a change order to cover the additional cost associated with this work (see attached PBS&J letter dated April 23, 1993). ANALYSIS As well as the above outlined change, the engineer has recommended enlarging the surface bore hole and deepening the 8 -inch pilot hole depth by 150 IF between the two wells. The proposed additions are based on contract unit prices as follows: Bid Item Description Add Unit Cost Total 2 24" casing 3 195 IF $132.06 $25,751.70 8° pilot hole 6 150 LF 8.85 1,327.50 * grout 650 Sacks 6.45 4.192.50 55 Total $31,271.70 * Additional grout is required due to the bore hole size increase as well as the surface casing depth increase. For additional details, please see the attached April 23 PBS&J letter as well as the quantity table in Change Order No. 1. RECO—MMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve Change Order No. 1 as, presented in the amount of $31,271.70. Commissioner Eggert expressed concerned that the engineering changes on this are going to amount to $30,000, but Commissioner Adams pointed out that it is still under budget. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Commissioner Macht having left the meeting early) approved Change Order No. 1 with Drilling Services, Inc., in the amount of $31,271.70. CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AGREEMENT WITH FDIC AND HEALTH DEPARTMENT Item withdrawn There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 12:25 o'clock P.M. ATTEST: 1� J. Barton, Clerk 56 Richard N. Bird, Chairman MAY 181993 Boa 89 P,,,F5-97