HomeMy WebLinkAbout10/19/1993MINUTES ATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, OCTOBER 19, 1993
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Richard N. Bird, Chairman ( Dist. 5 )
John W. Tippin, Vice Chairman ( Dist. 4)
Fran B. Adams ( Dist. 1)
Carolyn K. Eggert ( Dist. 2 )
Kenneth R. Macht ( Dist. 3 )
9.00 A. M.
1. CALL TO ORDER
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
2. INVOCATION - Rev. Buddy Tipton
Central Assembly of God
3. PLEDGE OF ALLEGIANCE - Comm. Richard N. Bird
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Item 8. Tax Collector's Report of Errors, omissions
and Insolvencies
Item ll.H.4. Status Report on Vero Beach Wastewater Rate
Increase
Item 13.A.2. Discussion about Florida Atlantic University
Growth Management Conflict Workshop
Item 13.C. Instructions to staff on Erosion Control Line
5. PROCLAMATION AND PRESENTATIONS
Presentation of Fourth Quarter Safety Award - 1993
( memorandum dated October 8, 1993 )
6. APPROVAL OF MINUTES
Regular Meeting of September 21, 1993
7. CONSENT AGENDA
A. Occupational Licenses Collected During Month
of September, 1993
( memorandum dated October 11, 1993 )
B. Letter to Dept. of Environmental Protection
( memorandum received October 13, 1993 )
C. Approval to Attend Supervisory Seminar
( memorandum dated October 12, 1993 )
D. County Tax Deed Applications
( memorandum dated October 8, 1993 )
E. Authority to Release Side Lot Easements
( memorandum dated October 6, 1993 )
C
CT 191993 BOOK 90 F,mu 772
BOOK
7. CONSENT AGENDA (cont'd.):
F. Miscellaneous Budget Amendment 002
( memorandum dated October 12, 1993 )
G. Sheriff's Request to Expend $48,015 From Law
Enforcement Trust Fund - Budget Amendment 003
( memorandum dated October 7, 1993 )
S. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a. m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
1. A.O.B. Underground - Request to Speak
Re: I.R.C. Water Expansion Phase 11,
Contract D
( letter dated October 6, 1993 )
2. Request from Mr. Joe Roberts of Dolphin
Alliance Re: Adoption of Resolution
( letter dated October 13, 1993 )
B. PUBLIC HEARINGS
Vero Beach Holding Corporation Request to Rezone
Approx. 7.2 Acres From IG to CG
( memorandum dated October 11, 1993 )
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
Request for Authorization to Issue Request for
Proposal for Building Division Automated
I nspection System
( memorandum dated October 13, 1993 )
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
Old Courthouse
( memorandum dated October 13, 1993 )
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
® ® s
11. DEPARTMENTAL MATTERS (cont'd. ):
F. PERSONNEL
Clayton Environmental Consultants' Report
( memorandum dated October 13, 1993 )
G. PUBLIC WORKS
1. Amendment No. 2 / Professional Civil
Engineering Agreement Barber Avenue
(37th Street) Widening
( memorandum dated October 8, 1993 )
2. Request to Use Kiwanis Hobart Park for
Monthly Swap Meet
( memorandum dated October 8, 1993 )
H. UTILITIES
1. South Region Wastewater Repump Station
Transmission System - Wastewater Work
Authorization No. 1
( memorandum dated October 7, 1993 )
2. Sludge/Septage Facility - Proposal for
Operations Performance Summary Report
( memorandum dated October 8, 1993 )
3. Sludge/Septage Facility Truck Scales
( memorandum dated October 8, 1993 )
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN RICHARD N. BIRD
Annual Appointment of Council Members
( letter dated October 8, 1993 )
B. VICE CHAIRMAN JOHN W. TIPPIN
C. COMMISSIONER FRAN B. ADAMS
D. COMMISSIONER CAROLYN K. EGGERT
E. COMMISSIONER KENNETH R. MACHT
BOOK 90 PAUF. 774
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
Five Year Contract - Engineering Services /
Landfill
( memorandum dated October 7, 1993 )
15. ADJOURNMENT
Boor 99 775
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, October 19, 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, October 19,
1993, at 9:00 a.m. Present were Richard N. Bird, Chairman; John W.
Tippin, Vice Chairman; Fran B. Adams; Carolyn K. Eggert; and
Kenneth R. Macht. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and Diane
Albin, Deputy Clerk.
The Chairman called the meeting to order.
Chairman Bird led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
The Chairman requested the addition of the following:
Item 8. Tax Collector's Report of Errors, Omissions
and Insolvencies
Item 11.H.4. Status Report on Vero Beach Wastewater Rate
Increase
Item 13.A.2. Discussion about Florida Atlantic University
Growth Management Conflict Workshop
Item 13.C. Instructions to staff on Erosion Control Line
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously added the
above items to the Agenda.
PROCLAMATIONS AND PRESENTATIONS
The Board reviewed the following memo dated October 8, 1993:
BOOK 9OCT 19 1993 0 WAGE (7
TO: James E. Chandler, County Administrator
THRU: Jack Price, Personnel Director
FROM: Beth Jordan, Risk Manager r
DATE: October 8, 1993
SUBJECT: Fourth Quarter Safety Award - 1993
Boa 90 F -r F 7 77
We request your consideration for inclusion on the Board's October 26, 1993, meeting
agenda the presentation of the Fourth Quarter Safety Award.
Background
Each quarter, the Risk Management Division receives award recommendations from the
Safety Committee. The nominees, as individuals or as work groups, have demonstrated
their commitment to on-the-job safety and health through their outstanding performance.
Analysis
Staff received the Fourth Quarter Safety Award nominations and selected the Traffic
Signal Section of Traffic Engineering. The attached memorandum from Robert Zaitooni,
Traffic Engineer, details their meritorious efforts. In addition, the Traffic Signal Section has
not had a workers' compensation accident, general liability exposure, or an automobile
accident in the last year.
Recommendation
Staff recommends the Fourth Quarter Safety Award be presented to the Traffic Signal
Section.
The Chairman presented the 4th Quarter safety award to John
Ankeny, Carlton Rawls, and Jesse Flores and read aloud the
following presentation:
TO: Beth Jordan, Director
Risk Management
THROUGH: Robert B. Zaitooni, P.E.
County. Traffic Engineer
FROM: Jeanne Brese
Traffic Coort ator
DATE: September 9, 1993
SUBJECT: Formal Nomination - Safety Award
3rd Quarter 1993
Traffic Signal Section
Traffic Engineering Division
SEP 1993
RECEIVED
RISK
MANAGEMEAff
It is with a great deal of pride and personal pleasure that I
hereby formally nominate the Traffic Signal Section (John Ankeny,
Signal Technician II, Carlton Rawls, Signal Technician, and Jesse
Flores, Signal Technician) for the Safety Award for 1993 third
quarter time period. The following reasons have led me to this
action:
K
Although virtually all of the activities performed by these three
employees are accomplished within the County's travel ways, under
heavy and hazardous traffic conditions, there have been no
involvement in accidents or incidents in over a one year period.
Quite frequently members of this section are called upon to
complete their activities during night time hours and respond, on
a 24 hour, 7 day week basis to any and all traffic control device
oriented emergencies which could jeopardize the motoring public and
expose Indian River County to serious liability concerns. Many of
this section duties must be performed while utilizing an aerial
bucket truck.
In addition, the members of this team are involved in the layout
and design of all Work Zone Maintenance of Traffic Plans for any
and all construction within our roadway rights-of-way. Their
duties also include monitoring Work Zone signage at all of the
above locations while construction activities are being
accomplished.
The Traffic Signal Team is responsible for maintaining the traffic
signals which are presently in place and performs actual
construction of some new signals at considerable savings to Indian
River County.
While performing their duties which frequently involves hazardous
field conditions, their approach has always been "safety first".
This "TEAM" of County employees hold periodic safety meetings on
their own to maintain their high degree of professionalism and
safety relative to their duties which, in turn, benefits the
health, safety, and welfare of all the citizens of Indian River
County.
For above reasons I feel our Traffic Signal Section should be
recognized for this award.
TRAFFIC SIGNAL SECTION
The Traffic Signal Section is hereby awarded the Fourth Quarter
Safety Award of 1993. The Quarterly Safety Award is presented to
the individual, section, division, or department that exemplifies
safety and loss prevention for Indian River County's Self -Insurance
program. This section of the Traffic Engineering Division of Public
Works is responsible for traffic signal installation, repair and
maintenance in Indian River County rights-of-way on a twenty-four
hour, seven day a week schedule. Although they constantly work
within the flow of traffic, usually in a bucket truck, during day and
night on a daily basis and in all weather, they have accomplished
these tasks without a workers' compensation injury, incident or
accident within the last year. Their workzone designs help
maintain an orderly flow of traffic, while accomplishing their jobs in
a safe manner. The Traffic Signal Section is also responsible for
the layout, design, sign monitoring, and planning for any
construction within our County rights-of-way. Additionally, their
meticulous work and outstanding maintenance program has
prevented any liability to Indian River County with conflicts of traffic
control signals.
3
�� �g�� BOOK 99 r,r� 7.78
r OCT 19 1993
INDIAN RIVER COUNTY
VERO BEACH, FLORIDA
y+ RIO is to certifu that
Traffic Signal Section
is herebg presented tilts
P vaf tg Award
.y0.
for outstanbtng serutce and safe perfortnnnce to
Fourth Quarter, 1993
F on thts 191h ]bag of October 19 93
�.
�;t4`'• Board Chekmen Msk Mena
BOOK 90 F,,: 779
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of September 21, 1993. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board approved the Minutes
of the Regular Meeting of September 21, 1993, as
written.
CONSENT AGENDA
Commissioner Adams requested removal of Item 7.B. for
discussion.
4
6
A. Occupational Licenses Collected - Month of September. 1993
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously accepted
the following report from the Tax Collector:
TO: Board of County Commissioners
FROM: Karl Zimmermann, Tax Collector
SUBJECT: Occupational Licenses
DATE: October 11, 1993
Pursuant to Indian River County Ordinance No. 86-59, please
be informed that $76,031.86 was collected in occupational
license taxes during the month of September, representing the
issuance of 3,064 licenses.
B. Letter to Department of Environmental Protection
The Board reviewed the following memo from Commissioner Adams:
TO BOARD OF COUNTY COMMISSIONERS
FROM FRAN B. ADAMS, COUNTY COMMISSIONER
RE Letter to Department of Environmental Protection
Attached is a letter for the Chairman's signature designating
Atlantic Coastal Engineering, Inc. as agent for Indian River
County in the matter of application and permits for a PEP reef
off shore in Indian River County.
I respectfully request authorization for the Chairman to sign the
letter and forward same to Kirby Green.
Commissioner Adams advised that the correct name of the
engineering firm is American Coastal Engineering.
5
A 9 199 800K 90
oE 780
OCT 19 199
BOOK
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously
authorized the following letter to be sent to the
Florida Department of Environmental Protection:
October 19, 1993
Mr. Kirby B. Green, III
Division Director
Division of Beaches and Shores
Florida Department of Environmental Protection
3900 Commonwealth Boulevard
Tallahassee, Florida 32399
Dear Mr. Green:
90 Fn . 781 1
American Coastal Engineering, Inc. is hereby designated as agent for the
Indian River County Board of County Commissioners in the matter of
application and permits for a "PEP" reef off shore of Indian River County,
Florida.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By ���`%/'n
Richard N. Bird, Chairman
C. Approval to Attend Supervisory Seminar
The Board reviewed the following memo dated October 12, 1993:
TO: Board of County Commission
FROM: Alice E. White
Executive Aide
RE: Approval to attend supervisory seminar
DATE: October 12, 1993
I am requesting permission to attend the Leadership and
Supervisory Skills for Women seminar on November 1, 1993 in
Melbourne, Florida. Jan Masi will be in charge of the office in
my absence.
A
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously
authorized Alice E. White to attend the Leadership
and Supervisory Skills for Women seminar on November
1, 1993, in Melbourne, Florida.
D. County Tax Deed Applications
The Board reviewed the following memo dated October 8, 1993:
TO: Board of County Commissioners
*a,' ` .
FROM: Lea R. Keller, CLA, County Attorney's Office
THRU: Charles P. Vitunac, County Attorney
DATE: October 8, 1993
RE: COUNTY TAX DEED APPLICATIONS
The Board of County Commissioners at its meeting August 3, 1993, approved
and authorized the County to file several tax deed applications with the Tax
Collector on properties with outstanding tax certificates. As part of the
process of transferring title to the County, the Clerk's Office has notified
us that the sum of $4,067.95 is now due. ,
REQUESTED ACTION: Staff recommends that the Board authorize the
payment of the above funds to the Clerk of the Circuit Court.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously
authorized payment of the sum of $4,067.95 to the
Clerk of the Circuit Court in connection with the
purchase of outstanding tax certificates, as
recommended by staff.
E. Authority to Release Side Lot Easements
The Board reviewed the following memo dated October 6, 1993:
7
BOOK 90 WE 782
OCT 19 M3
BOOK 90 FAGF 783
OCT 19 1993 \
TO:
Board of
County Commissioners
FROM:
Terrence
P. O'Brien - Assistant
County Attorney
DATE: October 6, 1993
RE: AUTHORITY TO RELEASE SIDE LOT EASEMENTS
From time to time the Board of County Commission is asked to release
side lot utility easements. Usually these requests are with respect to a
closing or a building permit. These requests are coordinated with the
appropriate departments in the County and the City and with the
appropriate private utilities. An item is then prepared for the BCC
and placed on the agenda for BCC action. This process is necessarily
time consuming; however, the process can be speeded up if the County
Administrator is authorized to execute the release rather than the BCC.
A public hearing date of November 9, 1993 is recommended.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously scheduled
a public hearing for November 9, 1993, to consider a
proposed ordinance amending the authority of the
County Administrator or his designee to release side
lot easements in certain circumstances, as
recommended by staff.
F. Miscellaneous Budget Amendment 002
The Board reviewed the following memo dated October 12, 1993:
TO: Members of the Board
of County Commissioners
DATE: Octitber 12, 1993
SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 002
CONSENT AGENDA
FROM: Joseph A. Baird
OMB Director
DESCRIPTION AND CONDITIONS
The attached budget amendment is to appropriate funding for the following:
I. At the September 21, 1993 meeting of the Board of County
Commissioners the Board approved to accept the EMS County
Awards Grant in the amount of $47,526.13. During the 1993/94
budget process $37,500 of this grant was appropriated. This entry is
to appropriate the additional $10,027.
8
2. At the September 28, 1993 meeting of the Board of County
Commissioners the Board approved to accept the FP & L Grant in
the amount of $65,500. This amount is $4,035 more than has been
budgeted in the 1993/94 fiscal year. This entry will allocate the
additional funds.
3. The Board approved funding to replace the carpet in the Main Library
in fiscal year 1992/93 for $33,750. At the meeting of September 28,
1993 the Board approved an additional $4,547 for a better grade of
carpet. This increase brings the total to $38,297. The entry
appropriates the funding for the carpet.
4. The Board of County Commissioners approved the Hazardous
Material Emergency Planning Agreement at their September 28, 1993
meeting. The amount of the Hazardous Material Agreement is
$12,970. The entry appropriates the funding of this grant.
5. The 43rd Avenue Canal Bridge construction was started in fiscal year
1992/93 and will be completed in 1993/94. This entry is to allocate
funding for the bridge completion.
6. Budget reclassification entries to match General Ledger with approved
budgets. Entries did not take in budget system prior to shift to
General Ledger.
7. To agree General Ledger budgeted figures to Sheriffs finalized
approved numbers.
8. The Indian River Citrus Advisory Committee has made a contribution
of $3,600 to the Ag. Department to purchase a copier. This entry
allocates the funds for the purchase.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget
amendment 002.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
Budget Amendment 002:
Booz 90 F -Au 784
OCT 1 ��
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird
OMB Director
_I
Boa 90 PnE 785
BUDGET AMENDMENT: 002
15ATE: October 111993
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
REVENUE
ALS
EMS Grant
114-000-334-290.00
$10,027
$0
EXPENSES
ALS
Other Operating Supplies
114-253-526-035.29
$450
$0
Software
114-253-526-035.12
$80
$0
Communications Equipment
114-253-526-066.45
$6,633
$0
Other Machinery & Equipment
114-253-526-066.49
$2,864
$0
2.
REVENUE
GENERAL FUND
Disaster Preparedness
001-000-342-041.00
$4,035
$0
EXPENSE
GENERAL PUND/F P & L GRANT
Overtime
001-237-525-011.14
$4,035
$0
3.
EXPENSES
GENERAL FUND
Reserve for Contingencies
001-199-581-099.91
$0
$38,297
GENERAL FUND/Building & Grounds
Carpeting
001-220-519-041.22
$38,297
$0
4.
REVENUE
GENERAL FUND
Hazardous Material Emerg. Planning
001-000-334-292.00
$12,970
$0
EXPENSES
GENERAL FUND/EMS
Software
001-208-525.037.22
$400
$0
Other Furniture & Equipment
001-208-525-037.23
$5,500
$0
Other Machinery & Equipment
001-208-525-037.24
$3,300
$0
Other Operating Supplies
001-208-525-037.31
$1,500
$0
Supplies
001-208-525-037.43
$2,270
$0
T -- i
10
Budget Amendment: 002
M
Page 2 of 2
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
5.
REVENUE
TRANSPORTATION FUND/
Cash Forward
111-000-389-040.00
$400,000
$0
EXPENSE
TRANSPOR'T'ATION FUND/
Road and Bridge
111-214-541-066.31
$400,000
$0
6.
REVENUES
GENERAL FUND
Ad Valorem Tax
001-000-311-010.00
$0
$2,757
Transfer Ins
001-000-381-020.00
$2,619
$0
Less 5% Estimated Receipts
001-000-389-030.00
$138
$0
REVENUES
GIFFORD ROAD CONSTRUCTION
Cash Forward
316-000-389-040.00
$450,000
$0
Transfer Ins
316-000-381-020.00
$0
$450,000
7.
EXPENSES
GENERAL FUND/Sheriff
Worker's Compensation
001-600-521-012.14
$0
$2,790
Sheriff - Law Enforcement
001-600-586-099.04
$2,129
$0
Sheriff - Detention Center
001-600-586-099.14
$661
$0
8.
REVENUE
GENERAL FUND
Other Contributions
001-000-366-090.00
$3,600
$0
EXPENSE -
GENERAL FUND/Ag. Ext.
Office Furniture & Equipment
001-212-537-066.41
$3,600
$0
11
����
OCT BOOK 90 F.A�, 786
�
I
BOOK 90 uouF 78
G. Sheriff's Request to Expend Funds from the Law Enforcement
Trust Fund - Budget Amendment 003
The Board reviewed the following memo dated October 13, 1993:
TO: Members of the Board
of County Commissioners
DATE: October 13, 1993
SUBJECT: SHERIFF'S REQUEST TO EXPEND $48,015 FROM THE LAW ENFORCEMENT
TRUST FUND - (BUDGET AMENDMENT 003) - CONSENT AGENDA
FROM: Joseph A. Bair
OMB Director
DESCRIPTION AND CONDITIONS
Pursuant to Chapter 932.704 of Florida State Statutes, Indian River County Sheriffs
Department is requesting authority to expend $48,015 from the Law Enforcement Trust
Fund for a photo imaging system.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the Sheriffs request
and the amendment.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the Sheriff's request to expend $48,015 from the Law
Enforcement Trust Fund for a photo imaging system
(Budget Amendment 003), as recommended by staff.
TO: Members of the Board
of County Commissioners
FROM: Joseph A. B '
OMB Directo
BUDGET AMENDMENT: 003
DATE: October 13, 1993
Entzy
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
REVENUE
SPECIAL LAW ENFORCEMENT
Cash Forward
112-000-389-040.00
$48,015
$0
EXPENSE
SPECIAL LAW ENFORCEMENT
Sheriff - Law Enforcement
112-600-586-099.04
$48,015
$0
12
TAX COLLECTOR'S REPORT DR -505
The Board reviewed the following memo dated October 15, 1993:
DATE: October 15, 1993
TO: HONORABLE INDIAN RIVER COUNTY COMMISSIONERS
FROM: Karl Zimmermann
Tax Collector
RE: Report DR -505 - List of Errors, Insolvencies, Double
Assessments and Discounts ,a R 10
Per Florida Statute 197.492, attached for your review and
approval is the List of Errors, Insolvencies, Double
Assessments, and Discounts, categorized as follows:
[1] Real Estate
[2] Personal Property
[3] Centrally Assessed
If I can be of further assistance, or should you have any
questions, please contact me.
Sincerely,
arl Z mmermann
Tax llector
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously accepted
the Tax Collector's report of Errors, Insolvencies,
Double Assessments, and Discounts.
REPORT DR -505 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
PUBLIC DISCUSSION - A.O.B. UNDERGROUND REQUEST TO SPEAR REGARDING
WATER EXPANSION PHASE II, CONTRACT D
The Board reviewed the following letter from A.O.B.
Underground dated October 6, 1993, and memo from Utility Services
Director Terry Pinto October 13, 1993:
13
BOOK 90 F-nE 788
OCT 19 1993 J
OCT 19 1993
October 6, 1993
Indian River County
County Administrators Office
1840 25th Street
Vero Beach, F1. 32960
Attn: James Chandler, County Administrator
Boa 90 FA,UF 789
Re: Indian River County Water Expansion Phase II Contract D
Dear Mr. Chandler:
Pursuant to Mr. Terrance O. Pinto's actions, please accept this
letter as a formal request for time to appear before the Board of
County Commissioners. The subject will to be to appeal to the board
for payment withheld for the above referenced project at the next
available board agenda.
If any questions arise please do not hesitate to call.
Very truly yours,
O'Neall Bates
President
P.O. BOX 614, INDIANTOWN, FL 34956-0614 • (407) 597-5575 • FAX: (407) 597-5573
. WEST PALM BEACH: (407) 471-9616
DATE: OCTOBER 13, 1993
TO: BOARD OF COUNTY COMMISSIONERS
JAMES E. CHANDLER, COUNTY ADMINISTRATOR
THRU: TERRAN295.
DIRECT
FROM: H. D. R, P.E.
ENVIORONMENTAL ENGINEER
DEPARTMENT OF UTILITY SERVICES
SUBJECT: WATER EXPANSION PLAN, CONTRACT D
IRC PROJECT NO. UW -91 -14 -DS
INFORMATION ONLY
This is a partial summary of the series of events occurring in the
subject contract.
The contract was awarded to A.O.B. Underground, and the contractor
sent a notice to proceed on/before May 3, 1993; the date of
completion was August 31, 1993.
Due to the extreme number and rigor of complaints, it was felt that
the only way to reasonably assure contractor compliance with
complete restoration in kind was to hold back a sufficiently large
sum of money to cover all expenses; this would also encourage the
contractor to hastily complete the restoration satisfactorily.
The attached lists of discrepancies illustrate the magnitude of work
previously remaining and show why such a sum of money was withheld
(see attached).
No specific recommendation is being made; this is submitted for
information only.
14
July 14, 1993 CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. O'Neal Bates
President
A.O.B. Underground
16541 SW Farm Road
Indiantown, FL 34956
SUBJECTS WATER EXPANSION PLAN, PHASE II
CONTRACTS A AND D
IRC PROJECT NO. UW -91 -14 -DS
Dear Mr. Bates: •
This is a summary. of certain unsatisfactory conditions which have
been incurred during the current subject project.
You are requested to respond to each of the items listed below by
Friday, July 23, 1993.
1. Broken concrete left on job site for several days;
2. Driveway backfilled loosely and not compacted;
3. Driveways not refinished to match roughness of existing
driveways;
4. Driveways not restored to preexisting configuration;
5. Large pieces of concrete dropped on roadway resulting in gouged
areas;
6. Dirt removed by trenching blocked existing culvert;
7. Culvert inadvertently damaged during driveway cut was not
replaced;
S. Citizen's complaint that construction vehicles were driving too
fast through residential neighborhood;
9. Pipe lying on ground near residence for several days;
10. Temporary restoration not current;
11. Citizen's complaint that dirt excavated from 35th Avenue is
being hauled to unauthorized destination(s).
These discrepancies should be corrected immediately, and every
effort made to prevent reoccurrence.
No further payments will be made on this project until all
discrepancies have.been corrected to our satisfaction.
Should you have any questions, please contact this office at (407)
567-8000, Extension 383.
sincerely,
Terrance G. Pinto
Director of Utility Services
Utility Services Director Terry Pinto recounted that residents
of 35th Avenue appeared before the Board several months ago to
register a number of complaints. The Board directed staff to
withhold final payment to A.O.B. Underground (A.O.B.) until the
problems were resolved. Despite several meetings between staff and
15
C1 1- M3
BOOK 90 F'A;F/ ,90
n
OCT 1 1993 BOOK 90 PAGE 79
A.O.B., the road has not been returned to its previous condition
and staff is withholding about $3,000 plus $20,000 retainage. It
is the opinion of Road and Bridge Department staff that the
contractor damaged the pavement and should be held responsible for
repairing it, which Director Pinto estimated will cost about
$5,000.
Administrator Chandler advised that 35th Avenue was paved
about 2 years ago, so it is a relatively new road.
Commissioner Macht mentioned that he drove by 35th Avenue
about 2 weeks ago and it looked like a dog's dinner.
Commissioner Adams noticed quite a few unresolved items on the
engineering inspector's checklist. She stated that she inspected
the subject area this morning and noticed some problems on 33rd
Avenue in addition to the problems on 35th Avenue. For example, at
one house the dirt was not removed from the culvert where it had
been dumped to make a temporary driveway. Water has backed up and
mosquito larvae are swimming around. Commissioner Adams
acknowledged that many of the problems have been corrected.
However, the County has a responsibility to make sure neighborhoods
are returned to their original condition or better after projects
are completed.
Director Pinto confirmed that the final payment and release of
retainage will be presented to the Board for approval after staff
makes the determination that the problems have been resolved.
O'Neal Bates, president of A.O.B., contended that the total
amount being withheld is actually about $50,000 because the units
on the job exceeded the amount that was bid. He stated that his
understanding was that all of the problems were resolved with the
exception of damage to the pavement on 35th Avenue. He regretted
that he was not invited to the meeting when the residents
registered their complaints. Mr. Bates maintained that although
the roadway damage is there, it is no worse than damage done by
other contractors on similar projects. He did not think the damage
was sufficient to warrant recapping the entire road, and he
stressed that his company was not accepting responsibility for
repairing it. He pointed out that after the contract was bid, the
pipeline had to be moved closer to the road which resulted in
breakage on the edge of the road. He was not aware of any problems
on 33rd Avenue, but indicated he would be glad to inspect the area
in question. He emphasized that he wants to get the job finished
to everyone's satisfaction because he would like to work with the
County on other projects.
16
Director Pinto acknowledged that the line had to be relocated
but he did not feel it should have resulted in destruction of the
road. He stated that it is unfair to compare 35th Avenue to older
roads in the area that were in worse condition before the
contractors started their projects.
Further discussion ensued, and Chairman Bird asked what was
needed to resolve this situation.
Director Pinto responded that staff from the Utilities and
Public Works Departments will have to negotiate with the
contractor.
Commission Tippin wanted to find a solution that is fair to
everyone. He stressed that the residents have a responsibility to
properly maintain their property. For instance, if a contractor
lays new sod and the residents do not water it at least every other
day, the sod will die.
Commissioner Eggert asked whether our contracts place enough
emphasis on careful workmanship.
Director Pinto explained that our standard form of contract
states that the project area will be returned to the condition it
was in prior to the start of the project. The County must protect
the interests of the residents and at the same time keep the
project costs reasonable. He agreed that the residents have a
responsibility to give their lawns at least as much maintenance as
they would under normal circumstances.
Commissioner Adams wanted to move quickly to resolve these
problems.
Director Pinto clarified that no more payments will be made
until the majority of these items are resolved. He stressed that
he was depending on Public Works Department staff to let him know
when the road is restored to its previous condition. The
consulting engineer will also determine whether or not the damage
was avoidable.
Bob Moore, 510 33rd Avenue, stressed that drainage problems
continue to exist on 33rd Avenue because of dirt that was dumped in
the swales. There is no drainage from south to north and he has
standing water in his driveway that was not there before the
utility lines were installed. The east side of the intersection of
33rd Avenue and 4th Street has been badly damaged. He offered to
show Mr. Bates the problem areas.
Mr. Bates argued that his workers did not fill the swales with
dirt, nor did they cover the dirt with sod. He reported that he
has a video that proves the swales were covered with dirt before
this project was started.
17
Boa 90 qac, 79�,
OCT 1 3 BOOK 90 PAGE 793
Commissioner Adams stated that she would be interested in'
viewing the videotape.
Commissioner Macht asked whether staff videotapes the swales
before and after these projects.
Director Pinto responded that videotapes are made, but he felt
that videotapes with sufficient detail to show all drainage levels
before construction is commenced would add significantly to the
cost of a project. However, the consultant and staff from Public
Works should be able to determine whether the drainage was altered.
Public Works Director Jim Davis confirmed that drawings are
available that depict the profile of the swales and culverts.
Chairman Bird directed staff to expedite proper completion of
this project, negotiate with the contractor, and present
recommendations to the Board as quickly as possible.
DOLPHIN ALLIANCE REQUEST FOR DOLPHIN PROTECTION RESOLUTION
The Board reviewed the following letter from Joe Roberts,
president of the Dolphin Alliance:
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18
Joe Roberts explained that a member of the Dolphin Alliance
who is an Indian River County resident asked him to speak to the
Board about the proposed resolution. He stated that the Federal
government currently is reviewing regulations on the capture of
wild dolphins. A number of Indian River Lagoon dolphins have been
captured since the passage of the Marine Mammal Protection Act in
1972, and Dolphin Alliance members hope these resolutions will
encourage the Federal government to ban their capture. Mr. Roberts
further stated that The Dolphin Alliance is also involved in
repatriating previously captured dolphins. People tend to believe
that dolphins are continually smiling because of the bone structure
of their faces but in reality dolphins in captivity are suffering
from a great deal of stress. As a result, the average life span of
a dolphin in captivity is about 2-5 years whereas dolphins live 40-
50 years in the wild.
Mr. Roberts distributed the following information to the
Commissioners, and he indicated that the statistical estimates are
low because of undocumented captures:
According to NMFS publication, Mwagwam2 Orientated Research on Bottlenose D04UM
ML 1-85-251988, 68 dolphins have been captured from the Indian/Banana Rivet (IBR) system since
the adoption of MMPA If Pre/Act and NMFS takes are subtracted from the table below, the number
of actual captures appears to be 76 dolphins, exceeding the given number of 68 by NMFS researchist.
Prepared 09/06/92 to the best of our ability from available records.
,where actual takes exceeded authorization, actual take Ors used
KW = Dolphin(s) killed in the wild during capture.
CLAW, Inc Mary Mosley, President 321 East Tarpon Ave Tarpon Springs, R 34689 Ph (813) 938 -MM
M
G 9 1993
Booz �o F'A'UF 794
BOOK 90 F,mcF 795
Chairman Bird commented that his daughter loves dolphins from
seeing Flipper on television and seeing live dolphins at Sea World.
He was opposed to releasing all the dolphins because people would
no longer be able to enjoy seeing them. He did not believe that
dolphins were an endangered species.
Mr. Roberts spoke at length about the dangers of depleting the
wild dolphin population. He agreed that there was a time when
dolphins at marine parks heightened the public's awareness, but
dolphins in captivity have a short lifespan and there are many
places like Sea World, so they are being over -captured. About 3/4
of the captured dolphins are young females of breeding age, which
limits the population of future generations because they do not
breed well in captivity. The Indian River Lagoon, which only has
about 200 dolphins at the present time, is one of the few lagoons
in the nation with dolphins in it. Small populations cause
inbreeding which can result in genetic mutations. There is also a
danger of the dolphins becoming extinct. He emphasized that
dolphins in the ocean are an excellent tourist attraction because
they can be seen from the beach, and excellent films of dolphins
are shown on television.
There was discussion about dolphin statistics and the
boundaries of the Indian River Lagoon system.
Commissioner Macht was in favor of limiting the capture of
wild dolphins to responsible organizations, such as the U.S. Navy,
which has done some important scientific studies.
Mr. Roberts responded that the Navy dolphin program has been
controversial and is being phased out. The Navy dolphins are being
donated to amusement parks and the Navy is relinquishing its
authority to capture dolphins. The Dolphin Alliance is negotiating
the return of the Indian River Lagoon dolphins that are currently
in the possession of the Navy. Mr. Roberts emphasized that the
term "scientific research" can be stretched to meet the needs of
commercial enterprises.
Further discussion ensued, and Attorney Vitunac confirmed that
there are no local ordinances against capturing dolphins.
Commissioner Tippin was in favor of prohibiting the capture of
dolphins in the future, but he did not agree with requiring
dolphins that are currently in captivity to be returned to the
wild.
Commissioner Adams led discussion on adopting the resolution
with a few modifications.
20
MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Macht, to adopt Resolution 93-181,
requesting that dolphins be declared a valuable
local resource and provided protection from capture,
etc. except for responsible and qualified scientific
research.
Under discussion, Commissioner Eggert requested that we add
Florida Representatives Patsy Kurth and Charles Sembler to the list
of individuals who will receive a copy of the resolution.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried 4-1, Chairman Bird
dissenting.
RESOLUTION NO. 93-181
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, REQUESTING THAT DOLPHINS BE
DECLARED A VALUABLE RESOURCE IN
INDIAN RIVER COUNTY, FLORIDA AND
PROVIDING PROTECTION FROM CAPTURE;
PROVIDING FOR COPIES OF THE RESOLUTION
TO BE SENT TO STATE AND FEDERAL
OFFICIALS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, dolphins have a high mortality rate in captivity;
and
WHEREAS, nearly half of the Atlantic bottlenose dolphins in
the world's aquariums are captured from Florida waters; and
WHEREAS, seventy-five (75) Atlantic bottlenose dolphins have
been captured from the Indian River Lagoon since 1972, the year
of passage of the Marine Mammal Protection Act; and
WHEREAS, current population estimates place the entire
Indian River Lagoon Atlantic bottlenose dolphin population at
only two hundred (200) to three hundred (300) dolphins; and
WHEREAS, the National Marine Fisheries Service does not
verify compliance of foreign facilities who claim to meet the
standards .of the Marine Mammal Protection Act and the Animal
Welfare Act; and
WHEREAS, it is estimated that half of the Atlantic
bottlenose dolphin population died during the epidemic between
1987-1989; and
WHEREAS, the Indian River County Board of County
Commissioners realizes that Atlantic bottlenose dolphins may
migrate outside the jurisdictional waters of Indian River County;
and
21
UCI' 19�9� bou 90 F-A.n 796
OCT 91199?
BOOK 90 PATE 7,97 -7
RESOLUTION NO: 93-181
WHEREAS, the Indian River County Board of County
Commissioners wishes to express its desire that dolphins be
protected from capture and exploitation except for responsible
and qualified scientific research to allow for the enjoyment of
Atlantic bottlenose dolphins by future generations:
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida, that:
1. The Board of County Commissioners requests of all
government officials and representatives, as well as
regulatory agencies, and commissioners, that dolphins
be declared a valuable resource in Indian River County,
Florida, and removal from their natural environment be
forbidden except for responsible and qualified
scientific research, and that the Marine Mammal
Protection Act of 1972 be strengthened to provide
dolphins protection to the fullest extent possible.
2. The Executive Aide to the Board of County Commissioners
is hereby directed to send certified copies of this
resolution to United States Senator Robert Graham,
United States Senator Connie Mack, United States
Congressman James Bacchus, Florida Governor Lawton
Chiles_, Florida State Senator Patsy Kurth, Florida
State Representative Charles Sembler, National Marine
Fisheries Service, Marine Mammal Commission and Florida
Department of Environmental Protection.
This resolution was moved for adoption by Commissioner
Adams, seconded by Commissioner Macht, *and was adopted by the
following vote:
Chairman Richard N. Bird Nay
Vice Chairman John W. Tippin Aye
Commissioner Fran B. Adams Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Kenneth R. Macht Aye
This resolution was adopted and becomes effective on the
19th day of October, 1993.
APPROVED AS TO FORM
AND CORRECTNESS;
Charles P. Vitunac
County Attorney
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
-
Ric and N. Bird, Chairman
T
- IQ�
Jeffrey Barton, Clerk ,
y '
22
PUBLIC HEARING - VERO BEACH HOLDING CORPORATION REQUEST TO REZONE
APPROXIMATELY 7.2 ACRES FROM IG TO CG MON 91-10-0063)
The hour of 9:05 o'clock a.m. having passed, the County
Attorney announced that this public hearing has been properly
advertised as follows:
VERO BEACH PRESS -JOURNAL
INDIAN RIVER gLAZA
Published Daily
i low t
Vero Beach, Indian River County, Florida
ri
:::3i ii;:; p , A �
ASA T V E
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
being
N
Subject
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement,
Pro ert±
a
IG
CG
in the matter of
N0110E — PUBLIC NWING
Notice Of hearing to consider the edoption of a
Court, was pub- county ordnance rezwaV lend from: K3, Genal
in the InKhAtrial DiSW to CG, General Comicial iHs-
trict, The
veru Beach= p radona owned by
, and Southeastern
lished in said newspaper in the Issues of � east CCo .side e subjecl property Is b
Intersection of 10th Avenue and We F.E.CC. ora�oad
tracks, and contains approximately 72 acres. The
submit preppy ees N the nathwast w section of
Affiant further says that the said Vero Beach Press -journal is a newspaper published at Section 12, TownsNp 33S, being In Indian Rim County. Fiorida�t 39 E lying and
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore A public B at which parries in Interest and
been continuously published in said Indian River County, Florida, each daily and has been dtizerhe shelf have an ORMUnity to be (heard, wig
entered as second class mail matter at the post office in Vero Beach, In said Indian River Coun- , be had by the Board of Camry Cis Of
ty, Florida, for a period of one year next preceding the first publication of the attached copy of hiOdit River Florida, In the
advertisement; and affiant further says that he has neither paid nor promised any person, firm County Admhhis�traettlon Btdd-
ing located at 1840 25th
or corporation any discount, rebate, commission or refund for the purpose of securing this. Ida on T Street Vero Beall, Ffor-
uesdey October 19,1993, at 9:05 a.m.
advertisement for publication in the said newspaper. The Board of County Commissioners may a
anter z -ft district, other than fns trlol�
�rprow��4q, $ .,d /i 4 .Quested, provided t Ie within the 88n10
D,•``'�!`•"'hfl f:� 6ubscrib .dtbe'foil me {hi ,.0 .s . of /1 day • i9 �— cagy. - goal use
P .•' 'c N it A. hv' 1
�.•o1ARy:�� ry:' Anyone who may wish to any decislon
' (Business Mannner) wtkh may be made at this meed wi0 rheed hh en
M" Comm. Expires r ' 6 A + e -rs. + sure that a verbatim record of the proceedings is
• June 29,199T - ,�. . •� 5'= :: " r made ch appeal Includes testimony and evidence upon
�• No. CC3005G • Anyone who needs a special accarimodatlon for
11� 99LL)� this meeting must contact the cmWs Americans
�), ••'-Ut3`,\ ••�0-r with Disabilities Act (ADA)
A) Cour advance tut r at�
extensw 408 al
1%�~ O nF404" A` Blau of BFlori fa My Canrmisson Exp rJhms 29. 907 ( man River County
COnmicsisn Nwkw; Cc300578 Board of County CammisslOthers
By: -s -Richard I. Bird, Chairman
Sept. 28. IM 1034053
23
T BOOK 90 WAGE. 98
0 C r 19
1993
BOOK 90
PnF 799
The
Board reviewed the following memo dated October 11,
1993:
TO: James E. Chandler
County Administrator
DE TMENT HEAD CONCURRENCE
obert M. Keatiffgk AIC
Community Develo ent rector
THRU: Sasan Rohani, AICP !g'lt'
Chief, Long -Range Planning
FROM: John Wachtel.
Staff Planner, Long Range Planning
DATE: October 11, 1993
RE: VERO BEACH HOLDING CORPORATION REQUEST TO REZONE
APPROXIMATELY 7.2 ACRES FROM IG TO CG (RZON 91-10-0063)
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of October 19, 1993.
DESCRIPTION AND CONDITIONS
This is a request to rezone approximately 7.2 acres from IG,
General Industrial District, to CG, General Commercial District.
Located on the east side of 10th Avenue, north of the intersection
of 10th Avenue and the F.E.C. railroad tracks, the subject property
is owned by Vero Beach Holding Corporation. The purpose of this
request is to secure the necessary zoning to add six screens to the
Cobb Theatre.
Existing Land Use Pattern
The subject property consists of two parcels, each zoned IG,
General Industrial. Most of the subject property is part of The
Plaza at Vero, a one -parcel, 15.2 acre commercial development owned
by Vero Beach Holding Corporation. Running from U.S. Highway #1 on
the east to 10th Avenue on the west, The Plaza at Vero property is
designated partially CG, General Commercial, and partially IG,
General Industrial, on the county zoning atlas. The portion of the
property which is the 'subject of this request is located on the
western part of the development site, near 10th Avenue and the
F.E.C. railroad tracks. Presently, The Plaza at Vero includes a
movie theatre, a bowling alley, and various retail stores.
South of the subject property, the land is zoned IG and contains
the Russell Concrete manufacturing plant, and car dealerships.
Property west and north of the subject property is within the Vero
Beach city limits. Land across 10th Avenue to the west of the
subject property is zoned M, Industrial, on the city's zoning map.
Except for the F.E.C. railroad tracks, this is vacant land. To the
north of the subject property is the Indian River Plaza. This
project is zoned B-1, Planned Business District, on the city's
zoning map and includes K -Mart, Publix, Walgreens, and other retail
stores.
24
On August 26, 1993, the Planning and Zoning Commission voted 5-0 to
recommend that the Board of County Commissioners approve this
request to rezone the subject property to CG.
Future Land Use Pattern
The subject property and properties to the south and east are
currently designated C/I, Commercial/Industrial, on the county's
Future Land Use Map. Properties to the west, across 10th Avenue,
and to the north are within the Vero Beach city limits. The land
to the west is designated I, Industrial, on the city's Future Land
Use Map, while the land north of the subject property is designated
C, Commercial.
Environment
The subject property's natural condition has been disturbed by
development. No wetlands or native upland plant communities exist
on site. According to flood insurance rating maps, the subject
property does not include any flood hazard areas.
Utilities and Services
The site is within the Urban Service Area of the county. Potable
water is available to the site from the South County Reverse
Osmosis Plant. Wastewater service is available to the site from
the City of Vero Beach Wastewater Treatment Plant.
Transportation System
The subject property is part of a parcel that has access to U.S.
Highway #1, which is classified as an urban principal arterial
roadway on the future roadway thoroughfare plan map. This segment
of U.S. Highway #1 is a five lane road with approximately 100 feet
of existing public road right-of-way. This segment of U.S. Highway
#1 is programmed for expansion to six lanes and 130 feet of public
road right-of-way by 2010.
The subject property also has access to 10th Avenue. This segment
of 10th Avenue is a two lane paved local road with approximately 70
feet of existing public road right-of-way. This segment of 10th
Avenue is presently under construction for expansion to three
lanes.
Zoning District Differences
The difference between the IG and CG zoning Districts largely
involves the nature of permitted activities and the magnitude of
the associated impacts on surrounding areas. According to county
regulations, the CG district is programmed to accommodate general
retail sales and selected service activities. In contrast, the IG
district is programmed to accommodate employment and industrial
centers. The IG district should be located in an area that can
accommodate adverse impacts associated with industrial uses.
The difference between the IG and CG zoning districts is best
illustrated by the respective purpose statements of each of the two
districts. These purpose statements are as follows:
• IG, General Industrial District, is intended to provide areas
where a broad range of industrial activities may locate and
operate without significant adverse impacts upon nearby
properties. The IG district is further intended to promote
the establishment of employment centers which are accessible
25
L_ O C T 19 X99,3
BOOK 90 f'AGE 800
OCT 191993 BOOK 90 `KIN 801
to the transportation system
services.
and other necessary urban
CG, General Commercial District, is intended to provide areas
for the development of general retail sales and selected
service activities. The CG district is not intended to
provide for heavy commercial activities, such as commercial
service uses, heavy repair services nor industrial uses.
In terms of permitted uses, the CG district allows a broad range of
office, retail, and service activities but no industrial,
manufacturing, or heavy commercial activities. In contrast, the IG
district allows only the commercial activities with the most severe
impacts on nearby areas and a broad range of industrial and
manufacturing activities.
ANALYSIS
In this section, an analysis of the reasonableness of the
application will be presented. The analysis will include a
description of:
• concurrency of public facilities;
• compatibility with the surrounding area;
• consistency with the comprehensive plan;
• potential impact on environmental quality; and
• the appropriateness of the CG district.
Concurrency of Public Facilities
This site is located within the county Urban Service Areal an area
deemed suited for urban scale development. The comprehensive plan
establishes standards for: Transportation, Potable Water,
Wastewater, Solid Waste, Drainage and Recreation (Future Land Use
Policy 3.1). The adequate provision of these services is necessary
to ensure the continued quality of life enjoyed by the community.
The comprehensive plan also requires that new development be
reviewed to ensure that the minimum acceptable standards for these
services and facilities are maintained.
Policy 3.2 of the Future Land Use Element states that no
development shall be approved unless it is consistent with the
concurrency management system component of the Capital Improvements
Element. For rezoning requests, conditional concurrency review is
required.
Conditional concurrency review examines the available capacity of
each facility with respect to a proposed project. Since rezoning
requests are not projects, county regulations call for the
concurrency review to be based upon the most intense use of the
subject property based upon the requested zoning district. For
commercial rezoning requests, the most intense use (according to
the county's land development regulations) is retail commercial
with 10,000 square feet of gross floor area per acre of land
proposed for rezoning. The site information used for the
concurrency analysis is as follows:
1. Size of Property: 116.2 acres
2. Size of Area to be Rezoned:
3. Existing Zoning Classification:
4. Existing Land Use Designation:
26
t7.2 acres
IG, General Industrial
C/ Il Commercial/
Industrial
M M M
5. Proposed Zoning Classification: CG, General Commercial
6. Most Intense Use under Proposed Zoning Classification:
±7,200 sq. ft. of Retail Commercial (Shopping Center in
the 5th Edition ITE Manual)
By changing the zoning of the subject property from IG to CG,
various uses not currently allowed will be permitted on the site.
However, because the most intense use of the property would be the
same with either zoning district, changing the property's zoning
from IG to CG will not create additional impacts on any concurrency
facilities.
As per section 910.07(2) of the Concurrency Management Chapter of
the county's land development regulations, projects which do not
increase density or intensity of use are exempt from concurrency
requirements. This rezoning request is exempt from concurrency
review because the requested zoning would not increase the use
intensity of the site.
When new development is proposed
detailed concurrency analysis
development approval process.
for the subject property, a more
will be conducted during the
Compatibility with the -Surrounding Area
It is staff's position that the proposed rezoning will not create
any compatibility problems with surrounding uses. The area is
presently dominated by CG type uses, the exceptions being the
Russell Concrete plant and the railroad tracks. Since land east of
the subject property is zoned CG, the proposed zoning would be a
continuation of an existing zoning pattern. For these reasons,
development of the subject property under the proposed zoning is
anticipated to be compatible with surrounding areas.
Consistency with Comprehensive Plan
Rezoning requests are reviewed for consistency with all policies of
the comprehensive plan. Rezonings must also be consistent with the
overall designation of land uses as depicted on the Future Land Use
Map, which include agriculture, residential, recreation,
conservation, and commercial and industrial land uses and their
densities. Commercial and industrial land uses are located in
nodes throughout the unincorporated areas of Indian River County.
The goals, objectives and policies are the most important parts of
the comprehensive plan. Policies are statements in the plan which
identify the actions which the county will take in order to direct
the community's development. As courses of action committed to by
the county, policies provide the basis for all county land
development decisions. While all comprehensive plan policies are
important, some have more applicability than others in reviewing
rezoning requests. Of particular applicability for this request
are the following policies.
- Future Land Use Element Policy 1.15
Future Land Use Element Policy 1.15 states that the commercial land
use designation is intended for uses such as retail and wholesale
trade, offices, business and personal services, residential
treatment centers, limited residential uses, and other similar type
uses. In addition, that policy states that all commercial uses
must be located within an existing or future Urban Service Area.
27
LOCI 1-91993
BOOK 90 FAGS. 802
OCT 19 1993
BOOK 90 PAGF 803 1
Since the subject property is located within a commercial/
industrial node within the county's Urban Service Areal the request
is consistent with Future Land Use Element Policy 1.15.
- Future Land Use Element Policy 2.5
Future Land Use Element Policy 2.5 states that the County shall
encourage and direct growth into the Urban Service Area. The
subject property is located within the Urban Service Area and is
partially undeveloped. To develop the vacant portion of the
property, according the applicant's plans, the subject property
must be rezoned to CG. Therefore, rezoning the subject property
will encourage development on the site and is consistent with
Future Land Use Element Policy 2.5.
- Economic Development Element Policy 1.1
Economic Development Element Policy 1.1 states that the county
shall encourage the expansion of existing businesses. The purpose
of this request is to obtain the necessary zoning to expand the
existing Cobb Theater. Therefore, the request is consistent with
Economic Development Element Policy 1.1.
As part of the staff analysis, all policies in the comprehensive
plan were considered. Based on this analysis, staff determined
that the proposed zoning district is consistent with the
comprehensive plan.
Potential Impact on Environmental Quality
It is staff's position that the requested zoning change will not
negatively impact the environmental quality of this previously
disturbed site. Based upon its analysis, staff has determined that
the environmental impacts of development of the subject property
will be the same under either the current IG zoning or the
requested CG zoning.
Appropriateness of the CG District
Intended to provide opportunities for a broad range of industrial
uses as well as the establishment of employment centers, the IG
district must be located in an area that minimizes the potential
for negative impacts on nearby properties. The subject property's
location near U.S. Highway #1, the F.E.C. railroad tracks and
industrially zoned land to the south and west (in the City of Vero
Beach), suggests that the site meets these criteria. In fact,
these characteristics, particularly the adjacent railroad tracks,
account for the current IG zoning.
Although the IG zoning district was previously suitable for the
site, conditions have changed, and the CG zoning district is now
more appropriate for the subject property. The site's convenient
access to U.S. Highway #1 makes the site especially suitable for
general retail sales and service activities. This fact is
demonstrated by the area's development pattern, which is dominated
by commercial uses. In fact, because of incompatibilities between
its own industrial use and adjacent commercial uses, Russell
Concrete, the only industrial use remaining in the area, eventually
plans to move.
In the past, the county considered the subject property for
development purposes as if it were zoned entirely CG. This was
consistent with past policy which provided that a parcel split by
a zoning district boundary would be considered as having the zoning
designation applicable to a majority of the parcel. The majority
28
- W
r � �
of the parcel is presently and has in the past been zoned CG. For
this reason, the county has treated the whole parcel as if it were
zoned CG. The requested zoning change would resolve any problems
associated with the split zoning.
For these reasons, the CG zoning district is appropriate for the
subject property.
Conclusion
The requested zoning is compatible with the surrounding area,
consistent with the goals, objectives, and policies of the
comprehensive plan, and meets all applicable concurrency criteria.
The subject property is located in an area deemed suitable for
commercial uses, and the request meets all applicable criteria.
Staff supports the request.
Recommendation
Staff recommends that the Board of County Commissioners approve
this request to rezone the subject property from IG to CG.
Community Development Director Bob Keating explained that this
parcel is the western portion of Luria's Plaza. The change will
make the zoning consistent with the actual uses of the property.
When staff's memorandum was prepared, there were two separate
parcels involved. However, the parcels have been unified and
today's request is to rezone a total of 8.2 acres instead of the
7.2 acres that was set forth in the memorandum. Vero Beach Holding
Corporation intends to enlarge the movie theater and make some
improvements on the property. Staff has been coordinating this
project with the City of Vero Beach because some of the land is
located within the city limits.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
public hearing.
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Adams, the Board unanimously adopted
Ordinance 93-30, amending the zoning ordinance and
the accompanying zoning map from IG to CG, for the
property generally located on the east side of 10th
Avenue, etc., north of the intersection of 10th
Avenue and the F.E.C. railroad tracks, as
recommended by staff.
29
OCT QOK 90 F'PGF. 804
OCT 10 1
BOOK 90 F'A'vr 805 7
ORDINANCE NO. 93-30
AN ORDINANCE. OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM IG TO
CG, FOR THE PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF
10TH AVENUE, NORTH OF THE INTERSECTION OF 10TH AVENUE AND THE
F.E.C. RAILROAD TRACKS, AND DESCRIBED HEREIN, AND PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, the +Planning and Zoning Commission, sitting as the
local planning agency on such matters, has held a public hearing
and subsequently made a recommendation regarding this rezoning
request; and
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property; and
WHEREAS, the Board of County Commissioners has determined that
this rezoning is in conformance with the Comprehensive Plan of
Indian River County; and
WHEREAS, the Board of County Commissioners has held a public
hearing pursuant to this rezoning request, at which parties in
interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED, by the Board of County
Commissioners of Indian River County, Florida, that the zoning of
the following described property situated in Indian River County,
Florida, to -wit:
The West portion of the plaza at Vero subdivision recorded on
Page 19-19A of plat book 12 in the Public Records of Indian
River County, Florida, less tracts "A", "B", and "C" as shown
thereon said West portion being more particularly described as
follows:
Commence at the North one-quarter corner of section 12,
Township 33 South, Range 39 East, Indian River County,
Florida,'then West 40.00 feet to a point on the West right-of-
way line of U.S. Highway No. 1; then south 00039148" West,
along said right-of-way line, 355.00 feet; then North
89043151" West, 400.00 feet; then North 00016'09" East, 5.00
feet; then North 89043151" West, 187.30 feet to the point of
beginning of the herein described parcel of land; then South
00034128" West, 741.76 feet; then North 89030'45" West, 256.83
feet; then North 00042112" East, 370.28 feet; then North
89030145" West, 234.94 feet; then North 00040128" East, 157.31
feet; then North 89043151" West, 174.34 feet to a point on the
East right-of-way line of 10th Avenue; then North 00034'28"
East along said right-of-way line, 212.30 feet; then South
89043'51," East, 665.01 feet to the point of beginning, said
parcel containing 7.2 acres, more or less.
And Also
FROM A POINT OF BEGINNING AT THE INTERSECTION OF THE EAST
RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD AND THE
WEST FORTY LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 12, TOWNSHIP 33 SOUTH, RANGE 39 EAST, SAID
30
ORDINANCE NO. 93- 30
FORTY LINE BEING FURTHER DESCRIBED AS THE CENTERLINE OF 10
AVENUE AS SHOWN ON PLAT NO. 2 OF HIGHLAND PARK SUBDIVISION,
FILED IN PLAT BOOK 1, PAGE 67, OF THE RECORDS OF INDIAN RIVER
COUNTY, FLORIDA, RUN NORTH ON SAID FORTY LINE A DISTANCE OF
185.3 FEET; THEN EAST A DISTANCE OF 208.87 FEET; THEN SOUTH
AND PARALLEL TO SAID FORTY LINE A DISTANCE OF 209 FEET, THEN
WEST A DISTANCE OF 200.94 FEET TO THE EAST RIGHT-OF-WAY OF
SAID FLORIDA EAST COAST RAILROAD; THEN NORTH 18031' WEST ALONG
SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 25 FEET TO THE POINT
OF BEGINNING. ALL OF ABOVE DESCRIBED LAND BEING IN THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12,
TOWNSHIP 33 SOUTH, RANGE 39 EAST, AND CONTAINING 1 ACRE MORE
OR LESS.
Be changed from IG to CG.
All with the meaning and intent and as set forth and described in
said Land Development Regulations.
Approved and adopted by the Board of County Commissioners of
.Indian River County, Florida, on this 19th day of October, 1993.
This ordinance was advertised in the Vero Beach Press -Journal
on the 28th day of September, 1993 for a public hearing to be held
on the 19th day of October, 1993 at which time it was moved for
adoption by Commissioner Tippin , seconded by Commissioner
Adams , and adopted by the following vote:
Chairman Richard N. Bird Aye
Vice -Chairman John W. Tippin Aye
Commissioner Fran B. Adams Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Kenneth R. Macht Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:�g_lam
Richard N. Bird, Chairman
ATTEST BY:�aj4�
Jeffrey X. -Barton, Clerk
Acknowledgement by the Department of State of the State of Florida
this 25th day of October , 1993.
Effective Date: Acknowledgement from the Department of State
received on this 5th day of November , 1993, at 10:00 A.M.
A.M.IkAX. and filed in the office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Wil G. Collins II, Deputy County Attorneyra - Cn a'a;o
� a imn�. _' Si- _
__ '10 rz_z -
Robert M. Keating,AICP NJciyni'
Community DevelopmT;'4-4*1
nt D ector Dept.-�-
31
BOOK 90 PAGE 8+ 6
1993
Fr- OCT 19 1993
BOOK 9O PAGE 807
AUTHORIZATION TO ISSUE REQUEST FOR PROPOSAL FOR BUILDING DIVISION
AUTOMATED INSPECTION SYSTEM
The Board reviewed the following memo dated October 13, 1993:
TO: James Chandler
County Administrator nn,y.,A�
FROM: Robert M. Keating, AICP /IMK—
Community Development Director
DATE: October 13, 1993
SUBJECT: REQUEST FOR AUTHORIZATIONTO ISSUE
REQUEST FOR PROPOSAL (RFP) FOR
BUILDING DIVISION AUTOMATED INSPECTION
SYSTEM
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of October 19, 1993.
DESCRIPTION & CONDITIONS:
For the past several months, staff has been considering the cost
feasibility of automating the building division's inspection
system. This automation would involve installation of computer
hardware and software which would allow applicants to request
inspections and obtain inspection results through use of a touch
tone phone.
Similar in function to the automated tee time system at the golf
course, the automated inspection system would allow builders to
request inspections at any time of day or night. Consequently, the
system would provide better service and more convenience to
builders.
Currently, the building division does more than 100 inspections per
day. Almost all of these inspections are scheduled by phone.
Additional calls are made to cancel inspections, reschedule
inspections, and to obtain inspection results. Staff estimates
that 200 calls per day now handled by building division personnel
could be handled by the automated inspection system.
Because the system will significantly reduce the number of calls
handled by building staff, one existing clerk position can be
eliminated, with corresponding cost savings. Since the planning
division currently has a vacant planning technician position, that
planning technician position can be filled by the building division
clerk. For this reason, no employee layoffs will be needed;
however, cost savings associated with the personnel reduction will
occur.
32
M M
M ® M
• Cost
The cost of the system will range from
includes the price of necessary hardware
installation and training. It also
programming to provide an interface
inspection system and the community
automated building permitting system.
$25,000 to $29,000. This
and software, as well as
includes the cost for
between the automated
development department's
The only recurring expense will be a maintenance fee paid on an
annual basis. Ranging from $2,000 to $3,000, this price covers the
cost of service from the vendor.
• Systems
There are at least two vendors who have proprietary systems and are
interested in providing the referenced products to the County.
Both of these vendors would contract with the firm which developed
the County's automated building' permit system to provide the
necessary interface. Since more than one vendor can provide the
referenced product, it is necessary either to go out to bid or to
go out with a request -for -proposal (RFP).
• Savings
Given the initial system acquisition cost of approximately $25,000,
it would take slightly more than a year to recover that cost with
the savings from the personnel reduction. Since the current salary
of the building division clerk whose position would be eliminated
is $15,307, and considering the applicable fringe rate and G & A
charge, the total annual personnel cost reduction would be
approximately $22,000.
Once the acquisition costs are recovered in just over a year, the
personnel cost savings will continue. Since the only system
expense will be the $2,000 - $3,000 annual maintenance fee, the
annual savings will be almost $20,000.
• Necessary Action
Two actions of the Board are necessary to allow staff to acquire
the automated inspection system. First, the Board must authorize
staff to advertise a request -for -proposals for an automated
inspection system. Second, the Board must approve a budget
amendment for the building division, transferring personnel
expenses and reserve funds to capital. This, however, need not be
done until proposals have been evaluated and exact costs have been
determined.
ANALYSIS:
Staff has researched automated inspection systems and found them to
be effective and cost efficient. Both Polk County and the City of
Port St. Lucie have comparable systems in place and functioning.
In each case, the system has reduced personnel cost and has
provided building contractors more convenience.
Technically, automated inspection systems work, and cost savings
from such systems can be documented. One concern, however, is
whether the building community would accept the automation or
demand to talk to a clerk. In both Polk County and Port St. Lucie,
system acceptance has been good, with over 90% of applicants using.
the automated system in those areas. _ A similar acceptance rate can
be expected in Indian River County.
33
OCT i� 1993
BOOK 9® FAG; 808.
BOOK 90 parr 899
In the past two years, the building division has reduced operating
costs substantially to compensate for the recession slowed building
activity and the resultant loss of revenue. Besides a staff
reduction of five positions prior to this summer, staff recently
eliminated another 1/2 position. By automating the building
permitting inspection system, additional cost savings can be
achieved.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners authorize
staff to advertise either an RFP or bid for an automated building
permitting inspection system and acknowledge that a building
division budget amendment, transferring funds from personnel and
reserves to capital, will be required prior to execution of a
contract for the automated inspection system.
Community Development Director Bob Keating advised that at
least two vendors are interested in providing this product. It
will be necessary for the proposed system to interface with our
automated inspection system and that cost is reflected in the
estimates provided in staff's memorandum. At the present time,
staff is recommending that we go out for bids instead of requests
for proposals (RFPs).
Commissioner Adams agreed that an automated system will
improve the building inspection procedure.
Chairman Bird pointed out that this will help builders who
work evenings and weekends.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously authorized
staff to advertise for bids on an automated
inspection system and acknowledged that a building
division budget amendment transferring funds from
personnel and reserves to capital will be required
prior to execution of a contract for the system, as
recommended by staff.
OLD COURTHOUSE
-i
General Services Director Sonny Dean made the following
presentation:
34
DATE: October 13, 1993
TO: Honorable Board of County Commissioners
THRU: James E. Chandler
County Administrator
FROM: H.T. "Sonny" Dean, Director
Department of General S.em4 Aes
SUBJ: Old Courthouse
During the process of locating the new Indian River County
Courthouse, the question arose and was addressed by the Board as
to disposition of the old courthouse building. Some of those
alternatives discussed were:
1. Completely tear down the old structure and make other
use of the property.
2. Remove the two wings and keep the original portion of
the building for historic purposes. Those exact
purpose were not determined at that time.
3. Tear the entire building down except for the facade
and let it remain for historic purposes.
4. Put the property on the market for sale as is.
Staff felt the structure did not meet any of the demands for their
space requirements. It was also staff's recommendation and the
Boards opinion not to spend any money on the structure.
Staff has had some discussion with the City of Vero Beach
personnel as to whether or not the facility could be used in the
down town redevelopment. There has not been any positive
indications resulting from these discussions.
Possible uses for the building have been brought up in the
Historic and Archaeological Advisory Committee meetings but no
definite recommendations have been made to date. Staff had been
pursuing any and all other avenues in an effort to find a suitable
disposition for the building.
Millie Bunnell had information that the American Sportscasters
Association was looking to locate their proposed museum. She made
contact and advised them the old courthouse might serve that
purpose. They responded with a letter of thanks and Millie
forwarded that information on to County staff.
In September of this year Mr. Louis Schwartz, President of the
American Sportscaster Association called this writer and made an
appointment to discuss the possibility of them using the old
courthouse for their proposed museum.
It appears from the conversation with Mr. Schwartz, that they are
going to construct a museum and are looking for the right place
and opportunity. They already have preliminary plans for such a
facility. The only other city mentioned as a possible location
35
q CT 91993 BOOK 90 FADE 810
OCT 191,991
Poor .91) r , - %Z 11 7
was the city of Norfolk, Virginia. But some of their Board
members were more interested in locating in Florida.
It was also apparent that they were looking for a community that
would get involved both financially and other wise, to support the
project. To what extent financially I could not determine. I
did relate to him that the old courthouse would be available about
the middle of 1994 and a determination as to the disposition of
the facility had not been made. I also advised him the Board was
looking for something that building could be used for since it did
not fit into any of our future plans for use.
Mr. Schwartz was advised to provide the County with an official
request and provide other information for the Board's
consideration.
Schwartz toured the old courthouse building with Lynn Williams,
Superintendent of Building and Grounds. According to Lynn,
Schwartz felt the building would meet the Association's needs.
Attached is a letter from Lou Schwartz, requesting some type
proposal from the County indicating exactly what would be offered
to them if they chose to use the old courthouse as a location for
their proposed museum. Also the Association has provided a copy
of preliminary plans for this museum.
Since this request is so involved and requires coordination
between more than just County personnel, staff has brought this
item to the Board to ascertain whether or not there is interest in
pursuing and developing a proposal for response to the American
Broadcasters Association.
Administrator Chandler clarified that the property being
discussed is the main Courthouse building, not the annex.
Commissioner Eggert recalled that during earlier discussions
about the Old Courthouse it was determined that only the central
portion was historical. The wing portions are separating from the
center, and there are serious problems in controlling the dampness.
She thought the Sportscasters Association might lose interest when
they find out how much renovation is needed and the costs involved.
She recalled discussions in the past about constructing a new
county administration building on that property in the distant
future.
Commissioner Adams felt that it was an interesting proposal
and might attract some tourists; however, financial contributions
should be made by private groups.
Commissioner Macht predicted that the American Sportscasters
Association would want financial assistance from the County. He
did not agree that a sportscasters museum would attract tourists.
He pointed out that the building has no historical significance,
the property technically belongs to the taxpayers, and this should
be viewed from a business standpoint. He preferred that the
building be torn down and the property put to some other use.
W
M M
Administrator Chandler stressed that possible uses for the Old
Courthouse have been discussed in the past, and the feeling was
that any person or organization who had an interest must recognize
fully that the County will not participate in the cost of
renovations.
Chairman Bird pointed out that buildings in worse shape than
the Old Courthouse have been successfully renovated. He suggested
that this is a sports -oriented community since the Dodgers train
here, so there may be some interest in a project such as this. He
predicted that funds will be raised outside the community and the
group will not be competing for significant amounts of local money.
It was his feeling that the Sportscasters Association will want a
long-term lease before investing in renovations.
Director Dean advised that Louis Schwartz, president of the
American Sportscasters Association, would like an indication of how
much the County is willing to support the project.
Commissioner Tippin stated that he will support the project as
long as it does not cost the County any money.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board (4-1, Commissioner
Macht voting in opposition) authorized staff to go
back to the people involved with some kind of plan
to say that we will offer them a lease for the
building "as -is", make them truly aware of
everything that needs to be done to the building if
they haven't been made so already, and that we will
provide moral but not financial support.
CLAYTON ENVIRONMENTAL CONSULTANTS' REPORT
The Board reviewed the following memo dated October 13, 1993:
TO: James E. Chandler, County Administrator
THRU: Jack Price, Personnel DirectoriA_,�
FROM: Beth Jordan, Risk Manager
DATE: 13 October 1993
SUBJECT: Clayton Environmental Consultants' Report
Please consider for the Board's October 19, 1993, agenda the attached report from
Clayton Environmental Consultants (Clayton) and the staff survey of the remainder of the
Administration Building.
37
U CT I V W3 BOOK 90 FADE 812
r 1)
OCT 19 1993 BOOK 9Q ca813
Clayton's report was received on October 12. Rather than subject the report to staff
Interpretation, Millard Griffin, Certified Industrial Hygienist, Certified Safety Professional,
Group Leader for Environmental Health Services, Southeastern Operations, Clayton
Environmental Consultants, will present the report and answer questions. Also attached
is a staff report of the raw data collected from the employee survey of the remainder of
the Administration Building.
Thank you for consideration of this request.
Millard Griffin, representing Clayton Environmental
Consultants, discussed the following air quality problems within
the Utility Department:
• An inadequate amount of outdoor air is being delivered
inside the building via the air handling systems.
• The above condition results in lower air pressure inside
than outside the building. This condition is called
negative pressurization and results in unfiltered air
leaking in through cracks around doors and windows.
Mr. Griffin recommended that the County have an engineering
consultant determine whether the current system can be upgraded to
meet recommended air intake standards.
Other recommendations included: steam clean all the carpets
and vacuum thoroughly at least once a month to remove particulate
matter; sealing off a roof vent that is allowing humid air to enter
the building; clean all air grills thoroughly; insulate all pipes;
check the roof for leaks; relocate a bathroom waste pipe that is
directly between the air intake vents.
Mr. Griffin explained that untreated air entering the building
brings in dust, dirt and moisture which allow fungi and bacteria to
grow. Director Pinto's office has a door leading outside, which
allows more untreated air to enter the building than in other
areas, and the dehumidifier in his office is unable to compensate
for the amount of moisture in the air.
Commissioner Adams commented that some of the plants alongside
the building smell like urine and should be removed.
Commissioner Macht suggested leaving the air conditioner
running on weekends.
Administrator Chandler reported that Risk Manager Beth Jordan
compiled the results of a questionnaire that was recently
distributed to employees throughout the building. He stressed that
this is the County's 5th study since 1988 and perhaps we should
hire a heating, ventilating, and air conditioning (HVAC) specialist
to determine what alternatives are available.
38
Further discussion ensued.
'Ms. Jordan discussed the following summary of the results of
the employee questionnaire:
TO: Jack Price, Personnel Director
FROM: Aeth Jordan, Risk Manager
DATE: 7 October. 1993
SUBJECT: Indoor Air Quality Survey Results
The following will provide an overview of the results of the indoor air quality (IAQ) surveys
conducted during August, 1993 in the County Administration Building. You will recall that
on August 12 we distributed IAQ surveys to the occupants of the Third Floor. On August
17 we expanded that survey to include the remainder of the building with the exception
of the Utilities/SWDD area which was to be tested by Clayton Environmental Consultants.
Responses were received from 64% of the Third Floor and 74% of the remainder of the
building. Early returns came from employees with the strongest opinions, that is, those
who were most displeased with their workplace. Average overall quality for both groups,
however, was "somewhat acceptable" with the lowest scores for "amount of dust" and
"odor" both of which were "somewhat unacceptable"
In the category of "amount of dust" numerous comments were made about paper dust
and photocopiers and printers in work areas. Others complained of housekeeping, that
Is, dust on desks, shelves, upholstered furniture, etc., as well as dirty carpeting. Among
solutions to these complaints are the suggestion that employees be reminded that they
are responsible for their own work surfaces. Employees themselves could alleviate much
of this situation by cleaning their own desks, work tables, etc. As for more thorough
cleaning of carpets and upholstered furniture, these need to be considered. Of interest,
many of the complaints about dust came from employees who also complained of
cramped work space, lack of windows and distractions. Many of these same
complainants also wanted a new office building.
The "odor" category was of interest, as well, with complaints centering on tobacco smoke,
a situation addressed previously by the Board. Some complaints, however, took tobacco
smoke a step further, with several complainants advocating the ban of tobacco smoke
from County property. They complained of having to walk past smoking employees to
enter the building, and the odor of smoke entering the building from the outside. To
further restrict smoking on County property may present legal Issues and we suggest the
County continue to comply with applicable laws.
Other odor complaints centered on food odors. Some complained of food odors in
general; others complained of pizza, popcorn, and unknown food odors. Many
employees enjoy the privilege of hot food. The complaints included food brought into the
building for meals and the Blind Services' snack room. To remove these odors, however,
the County may wish to address its policy on cooking within the building. Other odor
complaints included cologne and body odors. In light of these complaints, we must
remember that IAQ surveys attempt to identify sources of potential health concerns.
Cooking odors, while offensive and irritating to some, do not point to a systemic problem
with the building itself. Cooking and cologne odors can be easily controlled through
policy. Body odors of the public cannot be controlled.
Odors which were referred to as "musty" were also prevalent among respondents who
complained of paper dust, old files, etc. Such odors are commonly found In office
environments. Absent any ambient air testing, we cannot comment on potential health
problems. As has been reported in numerous previous IAQ tests in Utilities, such odors
alone are not harmful.
W
OCT 19 1991 BOOK 90 rnF.814
OCT 19 1993 to 9® uuE 81
Others suggested the need for operable windows, that is, Increased fresh air. These
complaints must be weighed against the number of employees who report allergies and
hay fever. To increase direct fresh air intake through open windows by necessity means
the introduction of untreated outside air. The system currently introduces fresh air
through the central air conditioning system. Those employees with known allergies to
pollens would possibly be at greater risk for allergy -like symptoms. Complaints about
humidity would also probably increase with the introduction of the humid outside air into
the building, potentially necessitating the need for mechanical control of increased
moisture. Immediately following the Third Floor petition, Buildings & Grounds made a
number of adjustments to the ventilation system. To my knowledge, there have been no
further complaints about air circulation since that time.
Of particular interest to us was the pattern which a number of these surveys followed.
Many of the respondents noted numerous physical symptoms many of which cluster
around workplace stress with symptoms abating immediately after leaving the building.
Such immediate abatement does not follow the usual medical model which indicates an
IAQ problem. An almost equal number of employees were either too hot or too cold.
As in the past, ongoing housekeeping and preventive maintenance are the best methods
for assuring acceptable indoor air quality. These have been discussed with Building &
Grounds and efforts will continue to address these concerns. In summary, our findings
are consistent with those of the National Institute for Occupational Safety and Health
(NIOSH) and independent environmental consultants who report that 95% of all IAQ
• complaints cannot be identified through surveys, testing, etc. We found a portion of the
workforce displeased with crowded office space, lack of windows, and housekeeping.
Many have suggested a new building. Of equal interest is the fact that since the surveys
were made there have been no further complaints or inquiries to us from anywhere In the
building except the Utilities/SWDD area. While here for the Utilities/SWDD testing, Clayton
Environmental's certified industrial hygienist reviewed the results received to date. His
cursory review of the findings indicated the lack of necessity for testing based upon the
data reported.
A consolidated summary of the raw data is attached. We are prepared to discuss the
results and our conclusions with you at your convenience. Please do not hesitate to
contact us.
Ms. Jordan reported that between 2/3 and 3/4 of the people
responded to the questionnaire, and there have been no complaints
from respondents since the questionnaires were completed.
Commissioner Adams contended that people are waiting to see
what action the County takes. She noticed an odor problem in the
legal department on several occasions.
Administrator Chandler announced that he will discuss this
matter further with Mr. Griffin and then present the results of
their discussion to the Board.
Jim Granse, 36 Pine Arbor Lane, expressed concern about the
air quality in other large buildings in the county, such as Indian
River Memorial Hospital.
40
PROFESSIONAL CIVIL ENGINEERING AGREEMENT - AMENDMENT NO. 2 - BARBER
AVENUE (37TH STREET) WIDENING
The Board reviewed the following memo dated October 8, 1993:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Terry B. Thompson, P.E. O<�
Capital Projects Manager
SUBJECT: Amendment No. 2
Professional Civil Engineering Agreement
Barber Avenue (37th Street) Widening
DATE: October 8, 1993
DESCRIPTION AND CONDITIONS
H.F. Lenz Company is under contract with Indian River County to provide
professional services in the design of drainage improvements and widening
of Barber Avenue from U.S. 1 to Indian River Boulevard.
The attached amendment provides for intersection improvements on 10th
Court. These improvements are needed to accommodate the traffic signal
that is being designed and installed by Indian River Memorial Hospital.
This traffic signal is warranted and the installation cost will be paid
for by the hospital.
The compensation due the Consultant for providing the services in this
agreement is on an hourly rate basis not -to -exceed $1,230.
RE ONS AND FUNDING
Staff recommends that the Board authorize the Chairman to sign the
attached Amendment No. 2.
Funding is from Account No. 309-215-541-033..13
Public Works Director Jim Davis reported that Indian River
Memorial Hospital will pay for the additional turn lane south of
Barber Avenue. In order to make the geometrics work on the north
side of Barber Avenue, the County will have to widen a portion of
10th Court, which is the road into the Medical Services
subdivision.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
Amendment No. 2 to the Professional Civil
Engineering Agreement with H. F. Lenz Company to
provide services on an hourly rate basis for
intersection improvements on 10th Court, at a total
cost not to exceed $1,230, as recommended by staff.
AMENDMENT NO. 2 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
41
�� 19BOOK 90 11 E 816
OCT 19 1993 BOOK 90 FAGE 81
.7 7
INDIAN RIVER RECYCLERS CLUB - REQUEST TO USE RIWANIS HOBART PARR
FOR MONTHLY SWAP MEET
The Board reviewed the following memo dated October 8, 1993:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.
Public Works Director
SUBJECT: Request to Use Riwanis Hobart Park for Monthly Swap Meet
REF.
LETTER: Cindy
Tirro
to Jim Davis
received Aug 27, 1993
DATE:
October 8,
1993
FILE:
SWAP.AGN
DESCRIPTION AND CONDITIONS
The Public Works Department has received a request from the Indian River
Recyclers Club to use Hobart Park on a monthly basis to hold a swap meet in
which the community will be invited to participate. The proceeds will be
donated to community charities. The Public Works Department is of the
opinion that the Fairgrounds would be a more appropriate site. The Farm
Bureau Building and new restroom building are available. The Community
Development Department stated they have no objection. The City/County
Recreation Department requests a reservation made prior to each event and a
fee of $50/event/day be applied. Risk Management is requesting appropriate
insurance be provided.
On October 7, 1993 the Parks and Recreation Committee approved the use of the
Fairgrounds rather than Hobart Park for. the swap meet based on the provisions
stated above.
RECOMMENDATIONS AND FUNDING
Based on the recommendation made by the Parks and Recreation Committee, staff
requests approval of the Indian River Recyclers holding a monthly swap meet
at the Fairgrounds.
Public Works Director Jim Davis explained that the Indian
River Recyclers Club will be responsible for cleanup after each
event and will provide the County with a schedule of events.
Commissioner Eggert wondered whether $50.00 per event is
enough to offset the County's costs. Director Davis recounted the
reasons for setting that rate in 1986, and agreed that the
circumstances have changed and we should review the rate. However,
we have not had much demand for use of the Fairgrounds and if the
rate is increased significantly, there may be no demand.
Commissioner Tippin asked, and Director Davis confirmed that
the use of the Fairgrounds by groups such as the Farm Bureau would
take precedence over these swap meets.
42
Chairman Bird wanted to make certain a specific person would
be held accountable for insurance and cleanup, and he wanted to be
able to withdraw permission if a lot of people from outside the
county start attending.
Director Davis responded that staff discussed some of these
issues with Ms. Tirro, and she expects only about 10-20 people to
participate.
Commissioner Adams explained that Ms. Tirro is attempting to
continue the flea market that was started by Ms. Fletcher. She
felt that the County should cooperate since we suggested they use
the Fairgrounds at an earlier meeting and recommended giving them
a 6 -month trial period. She predicted that the insurance
requirement would make it cost -prohibitive.
Commissioner Macht agreed that it would not be right to tell
them they cannot do this, but was concerned that it would become a
gigantic event.
Commissioner Tippin agreed that we should give them permission
to use the Fairgrounds, with the understanding that permission can
be withdrawn if the event gets out of hand.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously granted
permission to the Indian River Recyclers Club to use
the County Fairgrounds once a month for a period of
6 months, as long as a responsible group is in
charge of meeting County requirements as to
insurance, cleanup and payment of the $50.00 per
event fee, as recommended by staff.
SOUTH REGION WASTEWATER REPUMP STATION TRANSMISSION SYSTEM - WORK
AUTHORIZATION NO. 1
The Board reviewed the following memo dated October 7, 1993:
43
BOOK 90 Drf F 818
OCT g 193
_I
DATE: OCTOBER 71 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILIT SERVICES
BOOK 99 UGF 819
PREPARED WILLIAM F. c �INAND STAFFED CAPITAL NGINEER
BY: DEPAR UTILITY SERVICES
SUBJECT: SOUTH REGION WASTEWATER REPUNP STATION TRANSMISSION
SYSTEM - WASTEWATER WORK AUTHORIZATION NO. 1
INDIAN RIVER COUNTY PROJECT NO. US -93 -28 -CS
On September 28, 1993, the Board of County Commissioners approved a
continuing services contract with Masteller and Moler, Inc., for
wastewater collection system design services (see attached
continuing services contract). With the County closing on its
purchase of GDU's South County Wastewater Treatment Plant, we will
now be diverting sewer flow from Oslo Road (the site of our
previously planned South County WWTP) south to the GDU WWTP (see
attached exhibit by Brown and Caldwell). The Utilities Department
has negotiated a contract with Masteller and Moler for the design,
construction, administration, and inspection of the above -referenced
project.
ANALYSIS
The estimated construction cost for this project is $1,752,151.50,
which includes a 10% contingency. The negotiated fee for design and
inspection is $131,000.00, with an additional $31,000.00 for
surveying services (see attached Work Authorization No. 1 for
details). The fee is a lump sum negotiated contract, which is well
within the acceptable range for a project of this magnitude. For
comparison purposes --if the Farmer's Home curves were utilized, the
fees would be $176,120.00± for engineering and inspection alone.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached Work
Authorization No. 1 with Masteller and Moler, Inc., as presented.
Commissioner Macht suggested deferring this item until the
Board has an opportunity to review the General Development
Utilities purchase and related matters.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously agreed to
table discussion of this matter for two weeks.
44
SLUDGEISEPTAGE FACILITY
The Board reviewed the following memo dated October 8, 1993:
DATE: OCTOBER 8, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR UTILIT EP.E.
ICES
STAFFED AND
PREPARED BY: H. D. =TER,
ENVIRONMENTAL ENGINEER
DEPARTMENT OF UTILITY SERVICES
SUBJECT: SLUDGE/SEPTAGE FACILITY
PROPOSAL FOR OPERATIONS PERFORMANCE SUMMARY REPORT
BACKGROUND:
The subject facility has been completed and is in operation.
Attachment B to the Environmental Protection Agency (EPA) Assistance
Amendment requires that one year after the date of initiation of
operation of the project, Indian River County must certify to
certain performance standards. This must be done in a particular
format as required by the EPA (see attached).
ANALYSIS:
The engineering consultant shall receive and review all operation
and performance data and summarize these data into an Operations and
Performance Summary Report in a format acceptable to the EPA for
grant funded projects. The engineer shall visit and inspect the
facility on a monthly basis to affirm proper operation and to
collect data. He shall also review operating procedures with Indian
River County personnel and recommend revised procedures as
necessary.
The attached work authorization describes these services for a fixed
fee of $1,085.00. The total fee shall not exceed $9,800.00. The
EPA will participate in the funding for this requirement.
The staff of the Department of Utility Services recommends approval
of the attached work authorization to provide engineering services
for preparation of the required Sludge Operations Performance
Summary Report, as required in the EPA grant conditions.
Commissioner Adams asked how much the Environmental Protection
Agency (EPA) will contribute.
Utility Services Director Terry Pinto explained that this will
not be determined until the EPA does a final audit on the project.
There was a 55 percent grant on eligible portions, and the EPA will
determine what portions of the study are eligible for the 55
percent reimbursement.
45
L_O CT 19 1993
BOOK 90 PbGr 820
n
OCT 19 1993 BOOK 9.0
Commissioner Adams led discussion about travel expenses, and
Director Pinto explained that the standard language of all EPA
contracts includes a travel expense provision. The travel expenses
should not be significant in this particular contract because we do
not have any out-of-state people coming in.
There was further discussion about various clauses in the
contract.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
engineering services work authorization with Camp
Dresser & McKee, Inc., for engineering services in
connection with preparation of the Sludge Operations
Performance Summary Report required by the
Environmental Protection Agency in a total fee not -
to -exceed $9,800.00, as recommended by staff.
CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
COMMISSIONER TIPPIN TEMPORARILY LEFT CHAMBERS AT 11:44 A.M.
SLUDGE/SEPTAGE FACILITY - TRUCK SCALES
The Board reviewed the following memo dated October 8, 1993:
DATE: OCTOBER 8, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM
TERRANCE G. PINT
DIRECTO F UTI Y SERVICES
STAFFED AND
PREPARED BY: H. D. OSIER, P.E.
ENVIRONMENTAL ENGINEER
DEPARTMENT OF UTILITY SERVICES
SUBJECT: SLUDGE/SEPTAGE FACILITY
TRUCK SCALES
During the initial design phase of the subject facility, an accurate
measuring device (scales) was considered. At that time, it was not
felt that sufficient funding would be available, so the truck scales
were deleted. The project has been completed, and it has been
determined that funding will be available for installation of the
weight measuring device.
46
M M M
Currently, there is no method of determining exact quantities of
waste brought to the subject facility. Scales are required to
determine the tonnage of waste delivered to the plant in lieu of
current operator estimates.
ANALYSIS:
The engineer shall provide a site plan, shall develop performance
specifications for this equipment, and shall ensure that the system
will be similar to the equipment at the Indian River County Solid
Waste Landfill, and shall prepare bid documents as necessary. The
fixed fee for these services will be $1;492.00; the total cost of
these services, plus fixed fee, shall not exceed $10,500.00. The
attached work authorization describes the services and fee.
RECONNENDATION:
The staff of the Department of Utility Services recommends approval
of the attached work authorization to provide the necessary
services.
Commissioner Macht suggested estimating the weight based on
the weight of a full truckload, and Utility Services Director Terry
Pinto explained that it is difficult to get an accurate weight
estimate because the trucks are not always full. Director Pinto
pointed out that it is unfair for staff to be in the position of
arguing with truckers as to the weight of the sludge.
Commissioner Adams led discussion regarding a provision for
salary increases to consulting personnel during the term of the
contract, and asked about the difference between the fixed fee and
the total cost of the contract.
Chairman Bird pointed out that this is a short-term contract
so any salary increases should not be significant.
Director Pinto then explained that the difference between the
fixed fee and the total cost of the contract is that the fixed fee
is the base, or minimum charge and represents the profit to the
consultant. The total cost of the contract is the not -to -exceed
amount, and includes reimbursement to the consultant for direct
labor costs and travel and incidental expenses.
Commissioner Macht felt that the supplier should provide
engineering services.
Director Pinto explained that the vendor designs the scales
according to our specifications, but it is our responsibility to
determine the location of the scale and the type of support
structure required.
Further discussion ensued regarding location and design of the
scale..
47
L_DCT 91993
BOOK 9 f'bE 82
I
OCT 19 199
d,nnM
8001(
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Commissioner Tippin having temporarily left the
meeting), approved work authorization with Camp
Dresser & McKee, Inc., to develop performance
specifications for a truck scale and prepare bid
documents, for a fixed fee of $1,492.00 and a total
cost not to exceed $10,500.00, as recommend by
staff.
COMMISSIONER TIPPIN RETURNED TO CHAMBERS AT 11:48 A.M.
CITY OF VERO BEACH PROPOSED WHOLESALE WASTEWATER RATES
Utility Services Director Terry Pinto announced that staff is
concerned about the method the City of Vero Beach is using to
calculate charges. Staff found discrepancies in assumptions made
by the City in calculating usage and questions the City's transfer
of utilities revenue into its general fund.
Administrator Chandler advised the Board that Director Pinto
and one of the County's consultants will attend tonight's public
hearing on the proposed rate increase, at which time Director Pinto
will recommend that the City adopt the new retail rates but
recognize that we have changes we are asking them to make in the
wholesale rate charged to the County. No Board action is needed
today.
Director Pinto advised the Board that the following letter
will be delivered to the City prior to tonight's public hearing:
October 19, 1993
Mr. Tom Nason
City Manager
City of Vero Beach
Post Office Box 1389
Vero Beach, Florida 32961-138.9'
SUBJECT: CITY OF VERO BEACH PROPOSED WHOLESALE•WASTEWATER RATES
Dear Mr. Nason:
The purpose of this letter is to communicate Indian River County's
conderns relating to the City's proposed wholesale wastewater rates
and to suggest a course of action that will facilitate resolving the
matter.
Our utility rate consultant, as well as our own staff, has reviewed
the City's 1993 water and sewer rate study, which indicates that the
proposed wholesale sewer rate is intended to allocate the City's
average cost of wastewater treatment and disposal for wholesale
sewer service provided to the County.
48
M
We also met with City staff and the City's rate consultant to
discuss the study. Our review and meetings with City staff have
revealed several aspects of the study that need to be readdressed.
The most important item, which we discussed at our October 15
meeting with City staff, was the rate study's assumption regarding
the County's capacity allocation. Based upon our interpretation of
the agreement between Indian River County and the City dated August
18, 1989, -the County has a permanent right to 400,000 gallons per
day of treatment capacity. The City's rate study allocates costs to
the County based upon an assumption of 600,000 gallons per day.
In addition to the 400,000 gallons -per -day permanent allocation, the
-- August 18, 1989, agreement provides for the County to treat
wastewater from the "Hospital Service Territory" in return for
additional capacity of up to 200,000 gallons per day. The County
believes that the essence of the provision for increased allocation
is to promote efficiency in providing wastewater service to the
City's and the County's retail customers by exchanging the
responsibility for treating certain customers' wastewater flows. In
the past, the County has treated wastewater for certain City
customers, from which the City bills and collects revenues. In
return, the City was to treat wastewater flows for certain County
customers, from which the County would bill and collect revenue.
This exchange was intended to make both the City and the County's
wastewater system operations more efficient. The increased capacity
allocation of 200,000 gallons per day was never intended to be
billed to the County, but was provided because the County was
similarly treating City sewer customer flows. However, the City has
been billing the County for wholesale service based upon an
allocation of 600,000 gallons per day without giving the County any
credit for treating wastewater flows from the City's customers.
Not only do we believe that the City has been overbilling the County
for its capacity allocation, the use of the 600,000 gallons -per -day
assumption in the rate study results in excess costs being allocated
to the wholesale sewer rate.
The County Attorney has advised me that the City is adjusting the
allocation to 400,000 gallons per day, which will have a major
impact on the level of the proposed wholesale rate increase, and the
County's payments for services may also need to be assessed. At
this time, the'County is no longer treating wastewater from the
Hospital Service Territory.
The City's rate. study also allocates a portion of the sewer
system's budgeted transfer to the City's General Fund to the
wholesale rate. The County does not believe that it is fair or
appropriate for the County's sewer customers to contribute to the
City's General Fund beyond those costs that are clearly associated
with administering the wastewater utility. Given the permanent
status of the County's capacity allocation and the financial
benefits to the City's ratepayers from this arrangement, it is not
appropriate for the wholesale rates to include "profits" for the
City's General Fund.
In addition to the issues involving the appropriate capacity
allocation and payment of transfer to the City's General Fund, the
County staff and its rate consultants have, also identified several
other concerns with the rate allocation process, which we have
discussed with the City's staff. These issues include: ..
1.
OCT 191993
Revising the rate study's net
depreciation to be recognized
flow measuring adjustments.
49
plant allocation to allow for
in the deep injection well and
BOOK c`• o F'�GF. B�,'s�
A
r�
OCT 9 1993 aooK 90 F'acr 895
2. Allocating operating and maintenance expense for effluent
disposal/reuse in a manner consistent with the allocation of
similarly related capital costs (i.e., the least cost
alternative approach).
3. The amounts used to estimate total sewer system flows during
fiscal year 1994 for the City of approximately 2.7 mgd appears
low in comparison with fiscal year 1993 flows of approximately
3.1 mgd and the four-year historical average of approximately
2.9 mgd. It also contradicts Mr. Goffs memo of June 19,
stating an average of 3.942 mgd. While the rate study notes
that the projected water sales volumes have to be reduced
primarily to account for the effect of reclaimed water sales,
we do not believe that such reductions will ultimately impact
sewer system flows. The majority of the displaced potable
water sales were for irrigation purposes, which ultimately do
not return to the sewer system. The flows also do not match
the projected flows stated in your sludge report. If this
allocation were adjusted to reflect the higher historical
flows, or the actual flows stated by Mr. Goff, it would reduce
the amount of the proposed rate increase.
After these factors are taken into account in the City's wholesale
wastewater rates, the City will need to reduce wholesale wastewater
rates which may in turn necessitate a further increase in retail
wastewater rates. For this reason, it will be in the City's best
interests to implement the rate increase presented in the rate study
to the retail customers as soon as possible, then make additional
modifications as necessary after the wholesale rates have been
corrected. This course of action will reduce the amount of the
total rate increase to retail customers.
We recommend that the City approve the recommended wastewater rates
with the caveat that the wholesale rates will be adjusted to reflect
the issues addressed above and that additional increases in the
retail rate may be necessary. County staff and our consultants will
work with you on the appropriate adjustment to•the wholesale rates.
our utility financial consultant will be present at the October 19,
1993, public hearing on the City's proposed rates to summarize our
position. In the meantime, please call me if you have any questions
concerning this matter.
Sincerely,
C�� j. ! ��
ames E. Chandler
County Administrator
ANNUAL APPOINTMENTS TO TREASURE COAST REGIONAL PLANNING COUNCIL
The Board reviewed the following letters dated October 8,
1993, and October 14, 1993:
50
M M r
trewure
St. ludo . COCI
0regional
..
planning
October 8, 1993 council
12131 1S
iy The Honorable Richard N. Bird, Chairman
` Vrigian River County
Briard of Commissioners
C�`�•�C 1&40 25th Street, Suite N-158
RD 050!n" Ve3�c Beach, FL 32960
subject: Annual Appointment of Council Members
Dear Chairman Bird:
In accordance with Council's Rules of Organization, the
December meeting is designated as the Annual Meeting, at
which time the appointment of all members and alternates is
to occur. It is therefore requested that the Board of
County Commissioners take the necessary action to appoint
members and alternates for the upcoming year. In the -case
of Indian River County, three members and three alternates
need to be appointed (two county, one municipal). It should
be noted that all alternates must be elected officials.
Additionally, the bylaws do not specifically indicate that
municipal appointments must be either appointed or approved
by the County. Each county is assigned the number of
appointments and the method for making the appointments is
left to the discretion and cooperation of the local
governments in the area.
Finally,' it would be appreciated if the County would notify
the Council of the appointments, including mailing addresses
and telephone numbers, as soon as possible, so that the
agenda packet for the December meeting can be provided in a
timely fashion.
S fnce ly,
f
�a ie Cary
Execu tiv Director
October 14,•1993
The Honorable Richard N.
Indian River County'
Board of Commissioners
1840 25th Street,Suite
Vero Beach, FL 329
Dear Chairman --83rd,
Bird, Chairman
N-158
The Town Council of the Town of Orchid, at its October
12th meeting, appointed Councilmember Ann Zugelter to
the Treasure Coast Regional Planning Council.
All correspondence can
of the Town, 10 Orchid
Telephone 589-6100.
Sincerely,
rn t Polverari
wn Manager
be sent to Mrs. Zugelter in care
Island Drive, Vero Beach, F1, 32960.
51
0 CT � 1993 BOOK 90 mjr.. �2�
OCT il 9 19
BOOK
ON MOTION by
Commissioner
Eggert,
SECONDED by
Commissioner
Macht, the
Board
unanimously
reappointed John W. Tippin and Fran B. Adams to the
Treasure Coast Regional Planning Council, with
Richard N. Bird and Carolyn K. Eggert to serve as
alternates.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously ratified
the appointment of Ann Zugelter to represent the
Town of Orchid.
INDIAN RIDER LAGOON CENTRAL REGION CONSENSUS -BUILDING WORKSHOP
The Board reviewed the following letter dated October 12,
1993:
✓ FAU UNIVERSITY TOWER I FLORIDA ATLANTIC UNIVERSITY
220 Southeast 2nd Avenue FLORIDA INTERNATIONAL UNIVERSITY
Fort Lauderdale, Florida 33301
Telephone [305) 355-5255 Joint Center for Environmental a67M
October 12, 1993 040 3
1.,9
°° RECEIVED
Commissioner Dick Bird WAIM coulrff
Chairman, Indian River County Commission �� M►A!AlsslorMtS
1840 25th Street .�
Vero Beach, Florida 32960 Nth1l_1^nC ?Q
Dear Commissioner Bird:
Florida Atlantic University and the Florida Growth Management Conflict Resolution ---
Consortium are coordinating the Indian River Lagoon Central Region Consensus -Building
workshop to be held at Vero Beach Junior High on November 19 and 20, 1993. The purpose
of the workshop Is to build consensus through the identification of the most pressing Issues as
they relate to the central region of the Indian River Lagoon and to recommend appropriate
actions for addressing those issues. The recommendations from the sub -regional workshops
will be used as the basis for developing the agenda for the Lagoon -wide Forum scheduled for
1994.
Approximately So participants, including representatives from the public and private sectors,
will spend one day developing action plans to Improve the future coordination and
management for the restoration of the Indian River Lagoon. The workshop Is scheduled from
9:00 a.m. to 5:00 p.m, on November 20. An information session to review the issues is
scheduled from 6:00-8:00 p.m. on, November 19. The Steering-Committee.would•tike-tobave�-.
:`a
4.
' member of the Indian River County Commission attend the workshop and would appreciate
'A If you would return the enclosed reply form with the designated nominee. ,�. •;._" ,•..y' �'
`'+w�•v.•mos.v.sw.ae•rerr..ia�•'wr_.K.+s'::�Wu�_�r.rwe►�vwtit+Ma.+sw.o::w�.�`,+•..•-••••- .
We hope you will agree that this type of event offers a unique opportunity to develop a
community -wide consensus regarding the specific actions needed to protect and restore the
Indian River Lagoon. The Steering Committee looks forward to the County's participation in
this Important Initiative.
Please contact Sarah Severson at (407) 367-3185 if you have any questions regarding the
workshop.
Sincerely,
John M. DeGrove
Director
52
897
Chairman Bird requested any Commissioners who would like to
attend the workshop to complete the reply form and mail it in.
DISCUSSION REGARDING EROSION CONTROL LINE
Commissioner Adams reported that The Florida Department of
Environmental Protection (DEP) requires an erosion control line,
which is a boundary between private and public beachfront property,
in conjunction with the prefabricated erosion protection (PEP)
reef. She explained that sand that accumulates on the beach
seaward of the erosion control line is state property, and sand
that accumulates landward of the line belongs to the property
owners. A survey and public hearings will be required, and
Commissioner Adams asked the Board to direct staff to determine
whether the survey can be done by staff or whether consulting
engineers would be needed. She also would like staff to find out
whether the work the City of Vero Beach did in 1987 might be useful
for this project.
Commissioner Macht wondered why the DEP had this requirement
since the State already has an easement on all oceanfront property.
Commissioner Adams advised that oceanfront owners historically
have paid taxes based on total square footage of their property.
As a result of significant erosion they are paying tax on land that
is no longer there. Therefore, new boundary lines are needed.
The consensus among the Board members was that staff should
make the necessary determinations and present the information to
the Board for further consideration.
SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment the
Board would reconvene sitting as the Board of Commissioners of the
Solid Waste Disposal District.
Those minutes are being prepared separately.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 12:02 p.m.
ATTEST:
J. arton, Clerk
53
L- 0 C T 191,993
Richard N. Bird, Chairman
BOOK 90 F�AGE 828