The URL can be used to link to this page

Home My WebLink About10/26/1993MINUTES7TTACHLD = BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, OCTOBER 26, 1993 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Richard N. Bird, Chairman ( Dist. 5 ) John W. Tippin, Vice Chairman ( Dist. 4) Fran B. Adams (Dist. 1) Carolyn K. Eggert ( Dist. 2 ) Kenneth R. Macht ( Dist. 3 ) James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 9: 00 A. M. 1. CALL TO ORDER 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - Charles P. Vitunac 4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS Item 11.G.2. New Coastal Engineer on staff, Don Donaldson 5. PROCLAMATION AND PRESENTATIONS Adoption and Presentation of Proclamation Designating Oct. 30, 1993 as Children's Art Festival Day in IRC 6. APPROVAL OF MINUTES Special Meeting of September 8, 1993 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: Indian River Farms Water Control District, Minutes of Meetings from April - Sept., 1993 B. Out -of -County Travel for Comm. Ken Macht to Attend Workshop for Public Officials, 11/17/93 C. Resolution Reaffirming the County's Willingness and Ability to Cost -Share Acquire the Wabasso Scrub Site ( memorandum dated October 19, 1993 ) D. Renewal of Abandoned Flow Well Plugging Agree- ment with SJ RWMD ( memorandum dated October 18, 1993 ) OCT 2 6 1993 BOOK 9.0 F ,r i� OCT 2 � 1993 7. CONSENT AGENDA (cont'd.): E. Request for Floodplain Cut and Fill Balance Waiver for Moss Residence, 2300 67th St. ( memorandum dated October 18, 1993 ) F. Wetlands Mitigation ( memorandum dated October 13, 1993 ) G. Proposed Ordinance for Regulation of Basic Service Tier Rates for TCI Cablevision and Falcon Cable / Request to Set Public Hearing ( memorandum dated October 19, 1993 ) H. Release of Utility Liens ( memorandum dated October 19, 1993 ) I. Fire/EMS Station - Grand Harbor ( memorandum dated October 18, 1993 ) J. Award Bid #3131 / Turf Vacuum ( memorandum dated October 14, 1993 ) K. Award Bid #4016 / Liquid Chlorine ( memorandum dated October 13, 1993 ) L. Award Bid #4017 / Caustic Soda ( memorandum dated October 13, 1993 ) M. Clarification that Conveyance of Property was for Oslo Road R -O -W ( memorandum dated October 20, 1993 S. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES BOOK 90 FnF 830-7 Florida Department of Agriculture 6 Consumer Services Request to Present Reports of the Division of Forestry's Fire Control & Cooperative Forestry Assistance Activities for FY 92/93 ( letter dated September 30, 1993 ) 9:05 a. m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS Request By Treasure Coast Builders Association to Speak Re: Workers' Comp Reform ( letter dated October 14, 1993 ) B. PUBLIC HEARINGS 1. The Church of Jesus Christ of latter -Day Saints' Request Special Exception Use :- Approval for the Expansion of an Existing - Place of Worship ( memorandum dated October 13, 1993 ) 2. Unitarian Universalist Fellowship Church's Request for Special Exception Use Approval to Convert a Residence to a Place of Worship ( memorandum dated October 14, 1993 ) 9:05 a.m. 9. PUBLIC ITEMS (cont'd. ): B. PUBLIC HEARINGS (cont'd. ): 3. Community Baptist Church Request for Special Exception Use Approval for the Expansion of an Existing Place of Worship ( memorandum dated October 13, 1993 ) 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY SERVICES None C. GENERAL SERVICES I.R.C. Courthouse Project, Change Order #7 ( memorandum dated October 18, 1993 ) D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS Recreational Bicycle Ride Tropic Isle Metric Century Treasure Coast Cycling Association ( memorandum dated October 15, 1993 ) H. UTILITIES 1. South Roseland Road Force Main - Final Pay Request S Change Order ( memorandum dated October 12, 1993 ) 2. Petition Water Service in Club Grove Estates - Resolutions I and II ( memorandum dated October 12, 1993 ) 3. River Roads/Durrance Massey (North of C. R. 510) Low Pressure Force Main Sewer Collection System ( memorandum dated October 6, 1993 ) 12. COUNTY ATTORNEY None L OCT 268 1993 BUCK 90 P,hr:F.�.�� C T 2 l, Igg 13. COMMISSIONERS ITEMS A. CHAIRMAN RICHARD N. BIRD B. VICE CHAIRMAN JOHN W. TIPPIN C. COMMISSIONER FRAN B. ADAMS D. COMMISSIONER CAROLYN K. EGGERT E. COMMISSIONER KENNETH R. MACHT 14. SPECIAL DISTRICTS A. EMERGENCY SERVICES DISTRICT None B. SOLID WASTE DISPOSAL DISTRICT 1. Approval of Minutes - Meeting of 9/21/93 2. Appraisal Services - RFP #3127 ( memorandum dated October 14, 1993 ) 15. ADJOURNMENT BOOK 90 FIAUc 833 \ 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 26, 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 26, 1993, at 9:00 a.m. Present were John W. Tippin, Vice Chairman; Fran B. Adams; Carolyn K. Eggert; and Kenneth R. Macht. Absent was Chairman Richard N. Bird, who was on vacation. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia Held, Deputy Clerk. The Vice.Chairman called the meeting to order. County Attorney Charles Vitunac led the Pledge of Allegiance to the Flag. PROCLAMATIONS AND PRESENTATIONS Vice Chairman Tippin read aloud the following Proclamation designating October 30, 1993, as Children's Art Festival day in Indian River County. The Proclamation was accepted by Sherry Spiers, Chief Curator of Education at the Center for the Arts. L_ 0 C T 2 61993 BOOK rnE 83 OCT 23 1993 PROCLAMATION DESIGNATING OCTOBER 30, 1993 AS CHILDREN'S ART FESTIVAL DAY IN INDIAN RIVER COUNTY, FLORIDA COOK 90 FAGr R34 WHEREAS, the Children's Art Festival, sponsored by the Center for the Arts, will celebrate its thirteenth anniversary; and WHEREAS, the theme for this year's festival will be "Wear Your Art." This event provides the opportunity for hands-on art experiences for young people of all ages, preschoolers through teens. The entire family can enjoy the student art displays, entertainment, music and food available throughout the day; and WHEREAS, the reason the Children's Art Festival came into existence was because there was a concern by those involved in establishing a Center for the Arts that the youth of the area were underexposed and given limited opportunities to participate in visual arts activities. Since the inception of the Children's Art Festival twelve years ago, art instruction in the school systems, both public and private, has increased significantly making art and humanities awareness an enriching part of the lives of the young people in our community: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that October 30, 1993 be designated as CHILDREN'S ART FESTIVAL DAY in Indian River County, and the Board expresses its appreciation to the many hard working volunteers for instituting and continuing this fine program for the youth in our community. Adopted this 26 day of October, 1993. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Richard N. Bird, Chairman 2 APPROVAL OF MINUTES The Vice Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of September 8, 1993. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board approved the Minutes of the Regular Meeting of September 8, 1993, as written. CONSENT AGENDA Commissioner Adams requested the removal of Items D and L from the Consent Agenda for discussion. A. Reports The following was received and placed on file in the office of Clerk to the Board: Indian River Farms Water Control District, Minutes of Meetings from April through September, 1993 B. Out -of -County Travel for Commissioner Ken Macht ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) approved out -of -county travel for Commissioner Ken Macht to attend a Workshop for Public Officials on November 17, 1993 in Fort Lauderdale. C. Resolution Reaffirming the County's Willingness and Abilitv to Cost -Share Acauire the Wabasso Scrub Site The Board reviewed memo from Environmental Planning Chief Roland DeBlois dated October 18, 1993: 3 OCT 2 1 011 BOOK 90 PAGE 835 BOOK 90 F.Au8:36 TO: James E. Chandler County Administrator D NT HEAD CONCURRENCE: obert M. Ke ting AIeV Community Development irector FROM: Roland M. DeBlois.P.NICP Chief, Environmental Planning DATE: October 19, 1993 RE: Resolution Reaffirming the County's Willingness and Ability to Cost -Share Acquire the Wabasso Scrub Site It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 26, 1993. _ DESCRIPTION AND CONDITIONS In January, 1993, county staff, as authorized by the Board of County Commissioners and endorsed by the County Land Acquisition Advisory Committee (LAAC), submitted an application to the Florida Communities Trust (FCT) program for 50% funding of a property referred to as the "Wabasso Scrub" site. The Wabasso Scrub site is approximately +110 acres in size, located northwest of the C. R. 510/ Kings Highway intersection. In May, 1993, FCT approved the project application for state cost - share funding. Subsequently, in accordance with state procedures, the FCT Governing Body and the County Commission executed a "Conceptual Approval Agreement" relating to the project. This Agreement (FCT Contract #94 -CT -37 -92 -2A -A1-018) was approved by the Board of County Commissioners at its regular meeting of July 6, 1993. Section II, Paragraph 3 of the Agreement, under the heading of "requirements that must be met prior to initiation of project site negotiation" states that: "No later than October -31, 1993, the FCT Recipient must provide FCT a Resolution(s) stating that: a. the FCT Recipient is ready, willing and able to provide the local match; b. the FCT Recipient reaffirms the representations made in FCT Application #92-018- P2A; and C. the FCT Recipient shall, on the anniversary date of the approval of the project plan by the FCT Governing Body, prepare and submit to FCT an annual report as required by Rule 9K-4.013, F.A.C." - This matter is presented to the Board to consider adopting the attached resolution to fulfill the referenced Agreement requirement. 4 ALTERNATIVES & ANALYSIS The proposed resolution reaffirms aspects of the Wabasso Scrub cost -share acquisition project that the County agreed to in executing the Conceptual Approval Agreement. No change has occurred regarding the status.of the project that would warrant a reconsideration of the conditions of the Agreement. Failure on the part of the County to adopt a resolution in accordance with the Agreement would jeopardize state approval of the estimated $480,500 in matching funds. Although the County is reaffirming its willingness and ability to participate in the FCT cost -share acquisition of the Wabasso Scrub site, the County still has the option not to acquire the subject property if acquisition -negotiations are unsuccessful. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the attached resolution, to fulfill requirements of the Wabasso Scrub Conceptual Approval Agreement with the Florida Communities Trust. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) adopted Resolution 93-182 reaffirming the County's willingness and ability to participate in a cost -share acquisition with the Florida Communities Trust (FCT) of a property known as the Wabasso Scrub Site, as recommended by staff. RESOLUTION NO. 93-182 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA REAFFIRMING THE COUNTY'S WILLINGNESS AND ABILITY TO PARTICIPATE IN A COST -SHARE ACQUISITION WITH THE FLORIDA COMMUNITIES TRUST (FCT) OF A PROPERTY KNOWN AS THE WABASSO SCRUB SITE, IN ACCORDANCE WITH AN EXECUTED CONCEPTUAL APPROVAL AGREEMENT RELATING TO SAID PROPERTY WHEREAS, the protection of environmentally significant land is in the public interest; and 5 BOOK L OCT 2C 1993 90 f',1GE 8.37 OCT 2 (31 1993 BOOK 90 F'Aur 838 WHEREAS, on November 3, 1992, the citizens of Indian River County voted to approve a $26 million bond referendum authorizing the County to acquire environmentally significant land to protect water quality, open spaces and wildlife habitat; and WHEREAS, the Board of County Commissioners has appointed a Land Acquisition Advisory Committee (LAAC) to make recommendations to the Board concerning environmental land acquisition matters; and WHEREAS, LAAC endorsed and the Board approved the submittal of a Florida Communities Trust (FCT) grant application for 50% cost - share funding for the acquisition of an environmentally significant tract known as the Wabasso Scrub site, FCT application #92-018-P2A; and WHEREAS, Indian River County and FCT have executed a Conceptual Approval Agreement (Contract #94 -CT -37 -92 -2A -A1-018) relating to the acquisition of said Wabasso Scrub Project #92-018- P2A; and WHEREAS, Section II, Paragraph 3 of the Conceptual Approval Agreement provides that the FCT Recipient (Indian 'River County) must provide a Resolution to FCT stating that Indian River County: is ready, willing and able to provide the .local match; reaffirms the representations made in FCT Application #92-018- P2A; and shall, on the anniversary date of the approval of the project plan by the FCT Governing Body, prepare and submit to FCT an annual report as required by Rule 9K-4.013, F.A.C. NOW, THEREFORE, BE IT RESOLVED by the Board of County - Commissioners of Indian River County, Florida ("the Board") that: 1. The Board is ready, willing and able to provide a 50% local match estimated to be $480,500 for acquisition of the Wabasso Scrub Project #92-018-P2A described herein. 2. The Board reaffirms the representations made in FCT Application #92-018-P2A. 3. The Board shall, on the anniversary date of the approval of the Wabasso Scrub project plan by the FCT Governing Body, prepare and submit to FCT an annual report as required by Rule 9K-4.013, F.A.C. C1 M RESOLUTION NO. Q1_1R9 THIS RESOLUTION was moved for adoption by Commissioner Eggert , seconded by Commissioner Adams , and adopted on the 26 day of October , 1993, by the following vote: Commissioner Richard N. Bird Ahcent Commissioner John W. Tippin Ayp Commissioner Carolyn K. Eggert AyP Commissioner Kenneth R. Macht Aye Commissioner Fran B. Adams Ay_Q___ The Chairman declared the resolution duly passed and adopted this 26 day of October , 1993. A7T: By Je Barton Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 1 By hn W. Ti ppfn,' Vice Chairman STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the State and County aforesaid, to take acknowledgements, personally appeared and Jeffrey K. Barton well know to me to be the Chairman of the Board of Count Commissioners and Clerk, respectively, of Indi River County, a //e political subdivision of the State of Florida, and they acknowledged executing the same. WITNESS my ha and of�l �1,Ps�a1 in the County and State last aforesaid this Ida of , 1993. Notary Public \rl\fctwab.res My Commission Expires: 7 MY COMMISSION / CC 223979 EXPIRES: September 8, I Bw*d Thm Notery POft Undemritem ndian Rive cn Approved Admin. Legal —�v E3udgoi Dep 1. Risk Mgr. At A. L!j-- 3 ®CT �9., _ _ BOOK F',�:cr 8P�9� , ,-, BOOK . V® FA��c C7�t® OCT 2 53 19w D. Renewal of Abandoned Flow Well Plugging Agreement with St Johns River Water Management District The Board reviewed memo from Environmental Planning Chief Roland DeBlois dated October 18, 1993: TO: James E. Chandler County Administrator DEPARTMENT HEAD CONCURRENCE: Obert M. Kea g, AI Community Developmen irect FROM: Roland DeBlois,11[ICP Chief, Environmental Planning DATE: October 18, 1993 RE: Renewal of Abandoned Flow Well Plugging Agreement with SJRWMD It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of October 26, 1993. DESCRIPTION AND CONDITIONS Since 1989, the County has participated in a 50/50 cost share program with the St. Johns River Water Management District (SJRWMD) J' to plug abandoned artesian wells. As a result of this program, 71 wells have been plugged or repaired in Indian River County, saving approximately 16.7 million gallons per day (mgd) of ground water. Under the program, the County has allocated a total of $30,000 ($15,000 for utilities property, $15,000 for ,county -wide private property) on a fiscal year basis. In turn, SJRWMD has matched the county's funds with $30,000 of their own, resulting in a total of $60,000 per fiscal year allocated for well plugging. The original agreement for the well plugging program was executed on October 3, 1989 to plug abandoned wells on County Utilities property. In March, 1990, the agreement was amended to apply county -wide. The original agreement has been amended three times .as part of an annual renewal process. A fourth amendment to the agreement is now being brought to the Board for consideration to renew the contract through fiscal year 1993-94. ALTERNATIVES & ANALYSIS The Board of County Commissioners has approved the allocation of $15,000 in the Utilities Department budget and $15,000 in the Community Development Department budget for fiscal year 1993-1994, for the County/SJRWMD well plugging cost share program. Abandoned flow wells result in the unnecessary consumption of ground water. Moreover, artesian flow wells tend to have high chloride levels, and in turn lower water quality in the surficial 8 aquifer, which is commonly used for private potable wells. Renewal of the attached agreement will result in the continuation of an important and successful water quality and quantity protection program. - RECOMMENDATION Staff recommends that the Board of County Commissioners renew the abandoned flow well plugging cost share agreement with the SJRWMD for FY 1993-94 and authorize the chairman to execute the attached agreement. Commissioner Adams led discussion regarding the number of wells that were plugged last year. She asked who actually does the work, how many are left to be plugged, and how much it costs per well to do this work. Environmental Planning Chief Roland DeBlois explained that St. Johns River Water Management District takes responsibility to do the work. The Soil Conservation Service is also involved in that during the course of their work they discover abandoned artesian wells associated with agriculture. This program is very acceptable to private land owners because essentially we are paying for plugging these wells. In the past few years we have plugged the maximum number of wells possible with the available funding, so it has been a very successful program. We expect that the program will continue as long as we keep finding wells. There is no comprehensive inventory of abandoned wells right now because it is difficult to identify them in advance. The cost of capping wells varies from hundreds to thousands of dollars, depending on the difficulty of the operation, and St. Johns decides which wells deserve the attention. Commissioner Adams suggested that we apply for grant funding from the Indian River Lagoon National Estuary Protection Program to identify the existing wells. We need that information because flowing wells are a detriment to the water basin and to our aquifer. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) approved renewal of the abandoned flow well plugging cost share agreement with the St. Johns River Water Management District for Fiscal Year 1993/94, as recommended by staff. COPY OF PARTIALLY EXECUTED RENEWAL AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 9 P00� nO FAGE 8.41 BOOK � PAU UO 842: E. Reauest for Floodplain Cut and Fill Balance Waiver for Moss Residence, 2300 67th Street The Board reviewed memo from Civil Engineer David B. Cox dated October 18, 1993: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public WorksDir and Roger D. Cain, P County Engineer FROM: David B. Cox, P.E.,p�y�,,,� Civil Engineer SUBJECT: Request for Floodplain Cut and Fill Balance Waiver for Moss Residence, 2300 67th - Street DATE: October 18, 1993 CONSENT AGENDA Carter Associates, Inc., on behalf of Mr. & Mrs. George Moss is requesting a waiver of the cut and fill balance requirement of Section 930.07(2)(d) of the Stormwater Management and Flood Protection Ordinance. The property is located on the west bank of the Indian River Lagoon on the north side of Quay Dock Road in Government Lot 2, Section 11, Township 32 South, Range 39 East. The special flood hazard areas inundated by the 100 year flood on this site are in Zone AE with base flood elevation of 8 and 9 feet N.G.V.D. The ten year stillwater elevation for the Indian River, at this site, established by the May 4, 1989 F.E.M.A. Flood Insurance Study is 4.6 feet N.G.V.D. The proposed displacement of the floodplain below 4.6 feet N.G.V.D. for which the waiver is requested is estimated to be 12,560 cubic yards. The project meets the cut and fill balance waiver criteria provided in Section 930.07(2)(d) I - of being situated in an estuarine environment within the 100 year floodplain along the Indian River. The attached letter from the applicant's engineer, signed and sealed on August 23, 1993, certifies that all applicable Stormwater Management and Flood Protection Ordinance criteria will be met. A Type C Flood Management System Permit is required prior to issuance of a building permit. Approve the cut and fill balance waiver request. Alternative No. 2 Deny the waiver request and require re -design to accomplish an on-site balance of cut and fill. Staff recommends approval of Alternative No. 1. 10 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) approved the cut and fill balance waiver for the Moss residence at 2300 67th Street, as recommended by staff. F. Wetlands Mitigation The Board reviewed memo from Solid Waste Disposal District Manager Ron Brooks dated October 13, 1993: DATE: OCTOBER 13, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR THRU: TERRANCE G. PINTO, DIRE SOLID WASTE DISPOSAL DI FROM: RONALD R. BROOKS, MANAGER SOLID WASTE DISPOSAL DIS IC SUBJECT: WETLANDS MITIGATION Within the boundaries of the landfill site there are two wetland areas (totalling approximately 11 acres) that are located within future landfill areas for Segment III and Segment IV. These wetlands are wet -weather ponds that provide very little wildlife habitat and function primarily as stormwater storage/management areas. The Department of Environmental Protection (DEP) and the U.S. Army Corps of Engineers (COE) exercised jurisdiction on these wetlands and will require the SWDD to replace the wetlands in-kind before we will be allowed to develop the areas within which they are located. Unfortunately these 11 acres of wetlands are located in such a manner as to restrict future use of approximately 80 acres of land that will extend the life of the existing landfill by at least 10 years. It is imperative therefore that the SWDD pursue the elimination of these wetlands and per the requirements of the DEP and the Corps of Engineers replace/mitigate them through construction of similar or improved wetlands at another location. The mitigation process is specifically outlined and very costly and requires that the replacement wetlands be similar in character, vegetation and function. Further, the replacement wetlands must be monitored over a long period of time and assurances made that they function and vegetate as directed by the DEP and COE. The Utilities Department has a contract with Masteller & Moler, Inc. to develop and implement a wetlands wastewater treatment area for the West Subregional Wastewater Treatment Plant. Extensive acreage of wetlands. will be created under their supervision and most of these wetlands are of the same character and function as the wetlands located at the landfill. Through a permit for elimination wetlands that are Facility. application process the SWDD can obtain approval of the landfill wetlands by mitigating with to be create4,at the West Subregional Treatment 11 BOOK go rl� 8 OCT �.➢ � 1993 OCT 2 5 199"J" CONCLUSION BooK 90 PA-UF844 Inasmuch as Masteller & Moler, Inc. are the engineers designing and coordinating the construction of the wetlands for the West Subregional Wastewater Treatment, and inasmuch as the Utilities Department has a contract in-place with Masteller & Moler, Inc. for these and similar services. it is prudent to have Masteller & Moler, Inc. apply for permits from the DEP and Corps of Engineers to eliminate the wetlands at the landfill; and mitigate their elimination with constructed wetlands in the wetland wastewater management area at the West Subregional Wastewater Plant. Attached is Work Authorization #4 under an existing contract between Utilities and Masteller & Moler, Inc. for initial services as follows: Task 1 - Site Assessment of Wetlands Located at the Landfill Task 2 - Coordinate with DEP and Corps of Engineers Staff and Negotiate a Mitigation Using Constructed Wet- lands at the West Subregional Wastewater Facility Task 3 - Develop an Alternative Mitigation if the Use of Wetlands at the West Subregional Facility are Determined Unacceptable by the DEP and Corps of Engineers Task 4 - Submit Permit Application to the DEP and COE for Elimination of the Landfill Wetlands with Replace- ment Wetlands at a Location Acceptable to the DEP Note in the attached Work Authorization that Task #3 will be approached under a separate work authorization if the DEP and Corps of Engineers do not accept the West Subregional Facility Wetlands for Mitigation and an alternative mitigative process is needed. Additionally, no fees are outlined under this task as the fee requirements for the task cannot be determined until some direction is received from the DEP and COE. If the mitigation process utilizing the wastewater treatment wetlands is accepted by the .DEP and COE there will be no additional cost as Task 3 will not be necessary and the expense for the design and construction of the mitigative wetlands will already be covered in existing contracts for the design and construction of the wastewater treatment wetlands at the West Subregional Facility. The cost under Work Authorization 4 outlined herein is $6,220.00. Staff believe that these costs are reasonable. SWDD staff requests the Board's approval of the project and authorization for the Chairperson to sign the Work Authorization. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) approved Work Authorization #4 under an existing contract between Utilities and Masteller & Moler, Inc., for services as set.out in staff's memorandum. WORK AUTHORIZATION #4 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 12 G. Request to set a Public Hearing to Consider an Ordinance for Regulation of Basic Service Tier Rates of Cable Television The Board reviewed memo from Franchise Coordinator Cindy E. White dated October 19, 1993: DATE: OCTOBER 19, 1993 TO: BOARD OF COUNTY COMMISSIONERS THRU: TERRANCE G. PINTO DIRECTOR OF UTILI S S FROM: CINDY E. WHITE FRANCHISE COO OR DEPARTMENT OF UTILITY SERVICES SUBJECT: PROPOSED ORDINANCE FOR REGULATION OF BASIC SERVICE TIER RATES FOR TCI CABLEVISION AND FALCON CABLE r 4 In accordance with the Cable Television Consumer Protection and Competition Act of 1992, the attached ordinance has been prepared to regulate basic service tier rates and related equipment, installation, and service charges of cable television systems operating in Indian River County. Unless the Board has an objection, we are planning a public hearing date of November 9, 1993 for approval of this ordinance. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) scheduled a public hearing on November 9, 1993, to consider an ordinance for the regulation of basic service tier rates and related equipment, installation and service charges of any cable television system operating in Indian River County, as recommended by staff. H. Release of Utility Liens The Board reviewed memo from Lea R. Keller, CLA, dated October 19, 1993: F*7 Boa 90 mr- 845 OCT 2 3 1993 BOOK 99 Pn� 846 TO: BOARD OF COUNTY COMMISSIONERS AQA, 2• , FROM: Lea R. Keller, CIA, County Attorney's Office DATE: October 19, 1993 RE: RELEASE OF UTILITY LIENS The attached lien releases are in proper form for the Board of County Commissioners to authorize the Chairman to sign so that they can be recorded. The names and projects are: J 1. Satisfactions of Impact Fee Extensions: HENRY HILBERATH LAYMAN MARCO PROFETA RENO 2. A -1-A North Beach Water Project: MOTLEY 3. Breezewood Park, Little Portion a Sunnydale Acres Water Projects: LAYMAN 4. Charlotte Avenue Water Project: a, WALKER S. Courtside Water Project: JORGENSEN 6. Glendale Lakes (2nd Project): COPELAND (2) FETZER HENDRIX MYERS WALSH WILSON 7. North County Sewers Incorporated Project: FISCHER/Palm Lake of Sebastian, Inc. S. Old Sugar Mill Water Project: SUSZENSKI 9. Phase I Water Project: DEBOARD GRELLA HALL _ LANNAMANN MONTES DE OCA REY SMITH WAS - 10. Phase II Water Project: ALTIC BRENNAN COLANDREA COOPER GLASER GROVE WEEMS 14 11. Phase III Water Project: STEINBURG PROPERTIES ✓ 12. Pinewood Lane Water Project: LIBONATI WINTERS 13. Rockridge Sewer Project: MORO 14. Royal Poinciana Park Project: BUONERBA CAIRNS FAIRBAIRN HEY KERNAN KOCH 15. Shady Oaks Water Projects GIBSON SUTTON 16. State Road 60 Water Project: Map C-4 - Kingswood Estates Lots 9 and 31 Map N - Old Sugar Mill Lot 4, Unit 7 ,j 17. Summerplace Water Project: BAILEY 18. 12th Street Water Project: GOTTRY SALAMA DEVELOPMENT CORP. SEERAM 19. Wood Hollow Water Project: AVRIL BECHTOLD EARL HIEGEL HOGAN KENNEDY LENZ RIDGEWAY SCHULTE SCOTT SHINN THOMAS WHITE WIGGINS ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) approved the lien releases as listed in staff's memorandum. SAID SATISFACTIONS AND RELEASES ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY 15 BOOK 90 847 CT.c I D CT BOOK 90 Fnr.848 I. Fire/Emergency Medical Services Station - Grand Harbor The Board reviewed memo from Deputy County Attorney William G. Collins II dated October 18, 1993: TO: The Board of County Commissioners FROM: Lte(� William G. Collins II - Deputy County Attorney DATE: October 18, 1993 SUBJECT: Fire/EMS Station - Grand Harbor Through the budget adoption process and pursuant to agreement with Grand Harbor, the time frame for commencement of construction of a fire/EMS station on Indian River Boulevard and 45th Street has been extended by the attached agreement. RECOMMENDATION: Authorize the Chairman to execute the attached Agreement to Modify Restrictive Covenant. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) approved and authorized the Chairman to execute the Agreement to Modify Restrictive Covenant with GHA Grand Harbor, Ltd., regarding the construction of a Fire/EMS station on Indian River Boulevard and 45th Street, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD J. Award Bid #3131 - Turf Vacuum The Board reviewed memo from Purchasing Manager Fran Boynton Powell dated October 14, 1993, and memo from Director of Golf Bob Kom arinetz dated :October 13, 1993: 16 DATE: October 14, 1993 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Directil General Services FROM: Fran Boynton Powell, Purchasing Manage SUBJ: Award Bid #3131/Turf Vacuum Sandrige Golf Course BACKGROUND INFORMATION: Bid Opening Date: Advertising Dates: Specifications Mailed to: Replies: VENDOR Pifer, Inc Jupiter, FL *Lewis Equipment Winter Haven, FL Nucrane Machinery Sanford, FL Robinson Equipment Mims, FL Sunrise Ford & Tractor Ft Pierce, FL Golf Ventures Lakeland, FL September 8, 1993 Aug 25, Sept 1, 1993 Fifteen (15) Vendors Six (6) Vendors BID TOTAL $ 7,600.00 $ 8,900.00 $ 8,950.00 $10,000.00 $10,075.00 $12,000.00 * Represents vendor that is recommended by the Department. TOTAL AMOUNT OF BID $ 8,900.00 SOURCE OF FUNDS Sandridge Golf Course Other Equipment ESTIMATED BUDGET $ 9,000.00 RECOMMENDATION Staff recommends that the bid be awarded.to Lewis Equipment as the lowest, most responsive and responsible bidder meeting the specifications as set forth in the Invitation to bid. Pifer, Inc was the low bid but did not meet the specifications (See attached department recommendation). EVA OCT BOOK 90 PAGE 849 OCT 2 3, 1993 DATE: OCTOBER 13, 1993 TO: FRAN THRU: BOB FROM: 00, PURCHASING MANAGER GOLF SUPERINTENDENT BOOK -790 F -nu, 85 JUSTIFICATION FOR REFUSING THE LOW BIDDER ON BID 83131, TURF VACUUM. THE VACUUM THAT WAS LOW BID DID NOT MEET THE FOLLOWING: 1. THE IMPELLER SPECIFICATION WAS FOR 8 -BLADE IMPELLER AND THE LOW BIDDER BID IS 6 -BLADE. 2. THE CONVEYOR STYLE UNLOADING THAT WAS SPECIFIED IN THE BID PACKAGE AND THE LOW BIDDER BID MANUAL -SELF UNLOADING TYPE. ALSO WHEN COMPARING HOLDING CAPACITIES OF THESE VACUUMS IT WAS DETERMINED THAT THE LOW BID , GRAVELY 1080 HAD A HOLDING CAPACITY OF 3.1 CU. YDS. AND COMPARED TO THE NEXT BIDDER, AGRIMETAL 8000 HOLDS AN EVEN -MORE IMPRESSIVE 4.8 CU. YDS OF MATERIAL. STAFF RECOMMENDS THE 2ND LOW BIDDER, LEWIS EQUIPMENT COMPANY BECAUSE THEY MET ALL THE SPECIFICATIONS IN THE BID PACKAGE. THANK YOU FOR YOUR ASSISTANCE AND IF YOU HAVE ANY FURTHER QUESTIONS PLEASE FEEL FREE TO CONTACT ME AT 770-8004. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) awarded Bid #3131 to Lewis Equipment for a turf vacuum in the amount of $8,900, as recommended by staff. K. Award Bid #4016 - Liquid Chlorine The Board reviewed memo from Purchasing Manager Fran Boynton Powell dated October 13, 1993: 18 DATE: October 13, 1993 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director - Department of General Services FROM: Fran Boynton Powell, Purchasing Manage SUBJ: Award Bid #4016/Liquid Chlorine Utilities Department BACKGROUND INFORMATION: Bid Opening Date: Advertising Dates: Specifications Mailed to: Replies: Allied Universal Miami, FL Jones Chemicals Ft Lauderdale, FL PB & S Chemicals Orlando, FL September 24, 1993 September 10, 17, 1993 Twelve (12) Three (3) UNIT PRICE $ 44.00 (150 LB Cylinder) 395.00 (2000 LB Cylinder) $ 60.00 (150 LB Cylinder) 400.00 (2000 LB Cylinder) $ 67.50 (150 LB Cylinder) 450.00 (2000 LB Cylinder) Staff recommends the following: 1. Award the bid to Allied Universal as the low bid for Liquid Chlorine. 2. Establish an Open End Contract with Allied Universal with a not to exceed amount of $45,000.00 during the period. Last years expenditures totaled $36,386.00. 3. Authorize the Purchasing Manager to renew this contract subject to satisfactory performance, zero cost increase, vendor acceptance, and the determination that renewal is in the best interest of the County. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) awarded Bid #4016 to establish an open-end contract with Allied Universal for liquid chlorine in an amount not to exceed $45,000, and authorized the Purchasing Manager to renew this contract subject to conditions set out in staff's memorandum. L. Award Bid #4017 - Caustic Soda The Board reviewed memo from Purchasing Manager Fran Boynton Powell dated October 13, 1993: 19 OCT 2 1993 Boa90 F}+:Ur 85� _ AA ROOK 90 F.,+cr 852 DATE: October 13, 1993 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Services FROM: Fran Boynton Powell, Purchasing Manage SUBJ: Award Bid #4017/Caustic Soda Utilities Department BACKGROUND INFORMATION: Bid Opening Date: September 24, 1993 Advertising Dates: September 10, 17, 1993 Specifications Mailed to: Thirteen (13) Replies: Four (4)) BID TABULATION UNIT PRICE EXTENDED TOTAL PB & S Chemicals Orlando, FL Apperson Chemicals Ft Lauderdale, FL Jones Chemicals Ft Lauderdale, FL Allied Universal Miami, FL RECOMMENDATION .61 Per Gallon $10,248.00 .6346 Per Gallon $10,661.28 .74 Per Gallon $12,432.00 .98 Per Gallon $16,464.00 Staff recommends the following: 1. Award the bid to PB & S Chemicals as the low bid for Caustic Soda. 2. Establish an Open End Contract with PB & S Chemicals with a not to exceed amount of $10,000.00 during the period. Last years expenditures totaled $20,000.00. 3. Authorize the Purchasing Manager to renew this contract subject to satisfactory performance, zero cost increase, vendor acceptance, and the determination that renewal is in the best interest of the County. Commissioner Adams noted that the extended total was $10,248 and suggested the not -to -exceed amount be increased from $10,000 to $11,000. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Chairman Bird being absent) awarded Bid #4017 to PB&S Chemicals, increased the not -to -exceed amount from $10,000 to $11,000, and authorized the Purchasing Manager to renew this contract subject to conditions set out in staff's memorandum. 20 a � � M. Clarification That Conveyance of Property Was For Oslo Road Right -of -Way The Board reviewed memo from Deputy County Attorney William G. Collins II dated October 20, 1993: TO: The Board of County Commissioners FROM: w ,, William G. Collins II - Deputy County Attorney DATE: V-' October 20, 1993 SUBJECT: Clarification that Conveyance of Property was for Oslo Road Right -of -Way I have received a request from Charles E. Garris, Esq. who is writing title insurance for the Safari Golf Course on Oslo Road. Mr. Garris asks the Board to adopt a resolution confirming that the deed recorded in O.R. Book 857 at Page 1202 of the Public Records of Indian River County, Florida was accepted by the County pursuant to Planning and Zoning Commission minutes and recommendations set forth on November 9, 1989, and that the dedication was for right-of-way. The purchaser's attorney is concerned that the conveyance of a 30 -foot strip of land without express acknowledgment that it is for right-of-way could landlock his property. They have requested that for purposes of title insurance the Board adopt the attached resolution confirming that this right-of-way which the County obtained in exchange for impact fee credits was for right-of-way purposes for Oslo Road. RECOMMENDATION: 1. Approve the attached resolution and authorize the Chairman's signature. 2. Authorize the Clerk to provide a certified copy of the resolution with attachments to Mr. Garris for recording. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) adopted Resolution 93- 183 confirming that the deed recorded in O.R. Book 857, Page 1202, Public Records of Indian River County, was accepted as a dedication of Right -of -Way for Oslo Road, as recommended by staff. 21 OCT 1993 �ooK 9p F -vg 852 " BOOK 9® FbU �� OCT 4 10/20/93C li.B:BU/kot'k[a)LEGAL(wGC/nlim) RESOLUTION NO. 93- 183 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THAT DEED RECORDED IN O.R. BOOK 857, PAGE 1202, PUBLIC RECORDS OF INDIAN RIVER COUNTY WAS ACCEPTED AS A DEDICATION OF RIGHT-OF-WAY FOR OSLO ROAD. WHEREAS, the Indian River County Planning and Zoning Commission at their meeting of November 9, 1989 approved a site plan for a miniature golf and commercial amusement facility to be located at 455 9th Street, S.W. (Oslo Road); and _ WHEREAS, the November 2, 1989 staff report on that site plan approval request in paragraph 13 set out the need for additional Oslo Road right-of-way which the applicant would dedicate for compensation through traffic impact. fee credit; and WHEREAS, that staff report recommended a site plan condition for the applicant to dedicate an amount of right-of-way for Oslo Road commensurate with compensation received through traffic impact fee credit, up to a total of 60 feet; and WHEREAS, the deed for that right-of-way is recorded in O.R. Book 857, Page 1202, Public Records of Indian River County does not recite that the conveyance is for purpose of right-of-way; and WHEREAS, the title insurer for the Safari Golf Course property has requested confirmation that the property described in the aforesaid deed was conveyed for right-of-way purposes, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The 'deed recorded in O.R. Book 857, Page 1202, Public Records of Indian River County, Florida was accepted by the County pursuant to the Planning and Zoning Commission's recommendations for the purpose of right-of-way as more fully set forth in their minutes of November 9, 1989 (copy attached). 22 RESOLUTION NO. 93- 1 g 3 2. The deed recorded in O.R. Book 857, Page 1202, Public Records of Indian River County, Florida was accepted for right-of-way for Oslo Road (9th Street, S.W.) in consideration of traffic impact fee credits in the amount of $8,598.75. The foregoing resolution . was offered by Commissioner Eggert and seconded by Commissioner A d a m s and, being put to a vote, the vote was as follows: Chairman Richard N. Bird Absent Vice Chairman John W. Tippin Aye Commissioner Fran B. Adams Aye Commissioner Carolyn K. Eggert Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 26 day of October 1993. ATTEST: Bv: J,%My K,,Bar n,"'"C%FWLq APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By William G. Collins II Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By ��. ohh W. Tipp n Vice Chairman ATTACHMENTS: 1. Deed recorded in O. R. Book 857, Page 1202 2. Planning and Zoning Commission minutes of November 9, 1989 23 BOOK 90 855 OCT 2 3199 COOK 90 pmUr - 856 REPORTS OF THE DIVISION OF FORESTRY FIRE CONTROL _& COOPERATIVE FORESTRY ASSISTANCE ACTIVITIES FOR FISCAL YEAR 1992/93 The Board reviewed the letter from Joseph Spataro, Forest Area Supervisor, dated September 30, 1993: Florida Department Agriculture & Consumer The Capitol Tallahassee 32399-0810 of Services September 30, 1993 PLUS Rin To: Div. of Forestry 4330 4th. Street Vero Beach F1. 32968 o � gg3 Mr James Chandler QCT County Administrator N pOM`N1S�p Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Mr Chandler: I respectfully submit the attached reports of the Division of Forestry's Fire Control and Cooperative Forestry Assistance activities for the FY 92/93. I am requesting that the above reports be presented to the Commissioners by Forester Tim Elder and myself. At that time we would like to introduce our new District Manager, Jim Rath. The reports and introduction should not take more than fifteen minutes. If your agenda will allow, we would like to present the reports in October. Please advise on the date that we can appear in front of the Commissioners. If you have any questions about the report or would like further information, please do not hesitate to contact me. Sincerely Bob Crawford Commissioner ph taro Forest rea Supervisor 778 - 5085 24 Joseph Spataro, Forest Area Supervisor, indicated that Tim Elder, County Forester for Indian River County and the City of Vero Beach, and Jim Rath, new District Manager of the Division of Forestry were in attendance. Mr. Spataro stated that usually the report is placed on the Consent Agenda, but this -year he wished to appear before the Commission and present the report and present the highlights of the projects to be completed during next fiscal year. The Division of Forestry plans to increase prescribed burns, working with landowners, to eliminate areas that could be potential wildlife hazard. The number of hours expended in Donald MacDonald Park was not reported because the park supervisor is no longer there, so those numbers are not available. Mr. Spataro assured the Commission that the Division of Forestry will continue their commitment to the County and give assistance at Donald MacDonald Park. Basically it was a good year as far as numbers of fires and reduction of acreage. The forecast is for a dry winter but that may be wrong and they hope for a reduction in the number of wildfires this coming season. Commissioner Adams asked, and Mr. Spataro responded that we have two fire towers. The one in the Yeehaw Junction area is active. The one located at 43rd Avenue and 4th Street is in a reserve status because it is no longer an isolated area, and with the increased. use of cellular telephones, the fire department is there before a fire is spotted. Commissioner Macht thought that the Division of Forestry should be invited to the meetings of the Land Acquisition Advisory Committee, and Community Development Director Bob Keating reported that staff has been in touch with Mr. Spataro and will work with the Division of Forestry during the management phases of scrub sites. Tim Elder, our County Urban Forester, came before the Board and reported that from July 1992 through January 30, 1993, his department conducted many programs. They are active in the forest stewardship program with landowners in west county and give assistance with land management practices. Through the newborn seedling project approximately 200 trees were given to the parents of newborn babies. He reported a total of 1,500 assists to City and County residents with a total of 1,746 hours. Jim Rath, the new District Manager of the Division of Forestry, stated that he moved to the district about six months ago from Lake City and it is a big change for him. The District includes Indian River, St. Lucie, Martin, Okeechobee, Glades and Highland Counties. He has attended meetings in Indian River County and is aware of some concerns which will receive attention. He 25 CT 2 `993 BOOK 90 FnE8,57 F ®-D BOOK 90 imus- 858 invited the Commissioners to call him at any time for help or with questions. The Board members thanked the Division of Forestry representatives for their report, congratulated them on a job well done, and welcomed Jim Rath to our area. REPORT IS ON FILE IN THE OFFICE OF BOARD OF COUNTY COMMISSIONERS PUBLIC DISCUSSION - REQUEST BY TREASURE COAST BUILDERS ASSOCIATION TO SPEAR REGARDING WORKERS' COMPENSATION REFORM Harold McDuffie, current president of the Treasure Coast Builders Association, representing 1,000 industry members in Indian River, St. Lucie and Martin Counties, came before the Board and presented a resolution in support of the Association's efforts to lobby the Florida legislature for reduction in Workers' Compensation rates. He was sure that the Commission members realize that the excessive Workers' Compensation rate has become an obstruction to the revitalization of the construction* industry. He stated that 1,100 individual members of his association will travel to Tallahassee and on November 3 will construct a house on the plaza in front of the Capitol to demonstrate that today's rate of Workers' Compensation insurance is equal to 35 percent of the cost of labor and 10 percent of the total cost of constructing a house. Mr. McDuffie urged the Board to support the Association's effort$. Vice Chairman Tippin agreed that the rates are beyond anything that anyone would consider reasonable, and he supported the group's action. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) adopted Resolution 93-184, supporting reform of the Workers' Compensation laws of the State of Florida. 26 RESOLUTION NO. -93-184 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SUPPORTING REFORM OF THE WORKERS' COMPENSATION LAWS OF THE STATE OF FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, workers' compensation is a required and necessary expense of engaging in business in the State of Florida; and WHEREAS, the cost of maintaining workers' compensation coverage has consistently escalated over the past several years; and WHEREAS, the cost of maintaining workers' compensation is becoming prohibitively expensive and reaching levels that are beyond the abilities of the small businessmen to maintain; and WHEREAS, it is imperative that a balance be attained between the protection of the employee in the work force and the cost of the employer providing that protection. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that: Section 1 That the County Commission of Indian River County hereby supports and encourages the Legislature of the State of Florida to examine and amend the workers' compensation laws of the State of Florida, in recognition that workers' compensation coverage is becoming prohibitively expensive to the small businessman, and to reform these laws with a goal of striking a balance between the protection of the employee in the work force and the cost to the employer providing that protection. Section 2 That the County Clerk shall forward a copy of this resolution to the Governor' -of the State of Florida, the President of the Senate of the State of Florida, the Speaker of the House of Representatives of the State of Florida, and the legislative delegation representing Indian River County. + This resolution was moved for adoption by Commissioner Eggert, seconded by Commissioner Adams, and was adopted by the following vote: Chairman Richard N. Bird Absent 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 26th day of October, 1993. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 7, / Johfi W. Tippin, Vie Chai�rma-h 27 CT � 3 BOOK 90 PAU 859 0 C I{ 1993 BOOK 90 fnu 860 PUBLIC HEARING — THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS — REQUEST FOR SPECIAL EXCEPTION USE APPROVAL FOR THE EXPANSION OF AN EXISTING PLACE OF WORSHIP The hour of 9:05 a.m. having passed, the County Attorney announced that this public hearing has been properly advertised as follows: VERO BEACH PRESS -JOURNAL lished in said newspaper in the issues of Ji —3 NOTICE o PUBLIC HEARING � tp�consider the granting � of Published Daily 29 worship, as of Latter -Day Saints. The subject�ty Is presently Latter owned by Church of Jesus1f of -Day Saints, and located at 3980 12th Street In Section Affiant further says that the said Vero Beach Press -Journal is a newspaper published at 10, Township 33 and Range 39. See the above imp for the location. m interest Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore h dng at which parties and dtizens shaA nave an opportunity to be heard, will been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- be hew by the Board of County Commissioners of Indian River County, Fbrwa, in the County Commis- ty, Florida, for a period of one year next preceding the first publication of the attached copy of sion Chambers of the County Administration Bulfld- Big, bated at 1840 25tH street, veno Beach, Fbr- WaonTuesday, October 26,1993 at 9:05 a.m. Vero Beach, Indian River County, Florida ion ''Anyone who may wish m meal arty dto an- may be made at this nee w1to 1 need en - Is •,�••••n.•..r••••' 111 � .• , ANYONE NEEDS A SPACIAL ACCOMMODA- THE - 1.21 S— • .•�OTq . I` "' �• My CO •�CGs t!� ' 6Sinest3 Manager) s . � COUNTY OF INDIAN RIVER: STATE OF FLORIDA ,-Lo .-. • • NO CC3 . sr (p, EAL�%$ BY -s -Richard N. Bird, Chabmen Oct. 5,1993 1038374 i• :,9•'•• LAG �%Q, e •..... • %�cc !. gyp,.° eA WA C. GPnAaUr, NOTARY pUgM, ��•h.Or 807 Q �•.••`• SIa1e of Florida. My Commissirm Exp. June 29,107 Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath '° r., says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published .W at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being — , , , t - Site ' a - 2s in the matter of -- TRI I 1_— 2 g° n 1 O : 1 _..1, Flit_ 2 1 in the. Court, was pub- lished in said newspaper in the issues of Ji —3 NOTICE o PUBLIC HEARING � tp�consider the granting � of e �°jam 01 a dazes known the Church Jesus hrist of worship, as of Latter -Day Saints. The subject�ty Is presently Latter owned by Church of Jesus1f of -Day Saints, and located at 3980 12th Street In Section Affiant further says that the said Vero Beach Press -Journal is a newspaper published at 10, Township 33 and Range 39. See the above imp for the location. m interest Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore h dng at which parties and dtizens shaA nave an opportunity to be heard, will been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- be hew by the Board of County Commissioners of Indian River County, Fbrwa, in the County Commis- ty, Florida, for a period of one year next preceding the first publication of the attached copy of sion Chambers of the County Administration Bulfld- Big, bated at 1840 25tH street, veno Beach, Fbr- advertisement; and affiant further says that he has neither paid nor promised any person, firm WaonTuesday, October 26,1993 at 9:05 a.m. or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement advertisement for publication in the said newspaper. ion ''Anyone who may wish m meal arty dto an- may be made at this nee w1to 1 need en - Is •,�••••n.•..r••••' 111 sure that a verbatim record of the proceedinp made, withIncludes testhnoly and eWdence upon appeal �.••�jQ A�r10ol, Yti subscribed a ore m this �� day of -D. 19 f •Q. ''' /.,'r110N ANYONE NEEDS A SPACIAL ACCOMMODA- THE • • Q •.� FOR THIS MEETING MUST CONTACT COUNTY'S AMERICANS WITH DISABILITIES ACT .•�OTq . I` "' �• My CO •�CGs t!� ' 6Sinest3 Manager) s (ADA) COORDINATOR AT 587-8000 X408 AT LEAST 48 HOURS IN ADVANCE OF THE MEET - Jud fss ,� : m Z �i �' r y s . _ E� )NIG. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS • • NO CC3 . sr (p, EAL�%$ BY -s -Richard N. Bird, Chabmen Oct. 5,1993 1038374 i• :,9•'•• LAG �%Q, e •..... • %�cc !. gyp,.° eA WA C. GPnAaUr, NOTARY pUgM, ��•h.Or 807 Q �•.••`• SIa1e of Florida. My Commissirm Exp. June 29,107 1. Cormnitsion Nunttw: CC3M?2 . Planning Director Stan Boling commented from the following: 28 TO: James Chandler County Administrator DI SION HEAD CONCURRENCE: Ig obert M. KdAtl4g, lffP Community DevelopmerW Director THROUGH: Stan Boling,,AA�ICP Planning Director FROM: Eric Blad & Staff Planner, Current Development DATE: October 13, 1993 SUBJECT: The Church of Jesus Christ of Latter -Day Saints' Request Special Exception Use Approval for the Expansion of an Existing Place of Worship It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 26, 1993. DESCRIPTION AND CONDITIONS: Carter Associates, Inc., on behalf of The Church of Jesus Christ of Latter -Day Saints, has submitted an application for major site plan and special exception use approval to expand an existing place of worship. The proposed expansion involves the construction of a 21859 square foot fellowship hall, additional parking, and interconnecting walkways. The subject site is located at 3980 12th Street, on the north side of 12th Street approximately 1/4 mile east of 43rd Avenue. Since the site is located in the RS -6 zoning district and since the proposal would expand the place of worship use by more than 10%, special exception use approval must be granted for the project. At its regular meeting of September 23, 1993., the Planning and Zoning Commission recommended that the Board of County Commissioners grant the requested special exception use approval with the condition stated at the end of this report. Also, the Planning and Zoning Commission granted major site plan approval subject to the Board of County Commissioners granting special exception use approval. The Board of County Commissioners is now to approve, approve with conditions, or deny the special exception use request. Pursuant to section 971.05 of the LDRs, the Board of County Commissioners is to consider the appropriateness of the requested use for the subject site and the surrounding area. The county may attach any conditions and safeguards necessary to mitigate impacts and to ensure compatibility of the use with the surrounding areas. ANALYSIS: 1. Zoning Classification: RS -6, Single -Family Residential (up to 6 units per acre) MIJ C¢� 21 199 aooK 90 Fa,- 8�1 2. 3. 4. BOOK 90 PIgjE 862 Land Use Designation: L-2, Low Density (up to 6 units per acre) Surrounding Land Use and Zoning: North: Single -Family Residential/RS-6 South: 12th Street, Vacant/RS-6 East: Vacant/RS-6 West: Single -Family Residential/RS-6 Total Area of Development: 31,759 sq. ft. or 0.73 acres 5. Total Site Area: 108, 900 sq. ft. or 2.50 acres 6. Building Area: Existing: 7,662 sq. ft. Proposed: 2,859 sq. ft. Total: 10,521 sq. ft. 7. Total New Impervious Surface: A net increase of 3,952 square feet of new impervious surface is proposed with this site plan request. 8. Open Space: Required: 40.0% Proposed: 58.4% 9. Traffic Circulation: The facility will continue to use the existing paved driveway which connects to 12th Street. The county traffic engineer has reviewed and approved the vehicular circulation plan which includes continued use of the existing driveway and a proposed parking lot addition. 10. Stormwater Management: The Public Works Department has approved the proposed drainage plan for the additional area of development on the site, and will issue a Type "A" stormwater management permit. 11. Landscape Plan: The landscaping plan is in accordance with Chapter 926 requirements, as well as the buffer requirements applied to places of worship. Since the property is adjacent to single-family residences, the required type "C" buffer depicted along the boundaries must be field inspected and approved by staff prior to the issuance of a Certificate of Occupancy for the addition. 12. Off -Street Parking: Required: 70 spaces Proposed: 89 spaces 13. Utilities: The site is currently serviced by a septic system, and City of Vero Beach potable water. These utility provisions have been approved by the City of Vero Beach Department of Utility Services and the Environmental Health Department. 14. Dedication & Improvements: According to the county's land development regulations, 12th Street has a designated ultimate right-of-way width of 100 feet. For the ultimate right-of-way width to bei -met on 12th Street, 30 feet of additional right- of-way will be needed from the subject site. The Public Works Department, however, does not desire to purchase the additional right-of-way at this time. The site plan application proposes no additional improvements within the ultimate 12th street right-of-way or the corresponding, ultimate front yard setback from 12th Street. All requirements related to right-of-way dedications have been satisfied. 30 In accordance with the county's sidewalk and bikeway plan and the LDRs, the site plan depicts a 5' wide sidewalk for construction along the site's 12th Street frontage. 15. Special Land Use Criteria: The application must satisfy all applicable criteria for a place of worship. The place of worship specific land use criteria are as follows: a. No building or structure shall be located closer than thirty (30) feet to any property line abutting a residential use or residentially designated property; b. Access shall be from a major thoroughfare unless otherwise approved by the public works department; c. Any accessory residential use, day care facility or school upon the premises shall provide such additional lot are as required for such use by this section and shall further be subject to all conditions set forth by the reviewing procedures and standards for that particular use. Accessory residential uses may include covenants, monasteries, rectories or parsonages as required by these regulations; d. Type "C" screening shall be provided along all property boundaries where the facility is located adjacent to a single-family residentially designated property. Type "D" screening shall be provided along all property boundaries when the facility is located adjacent to a multi -family residential designated property. Staff has verified that the site plan application satisfies all of the applicable specific land use criteria. RECOMMENDATION: Based on the analysis performed, staff recommends that the Board of _ County Commissioners grant special exception use approval for the proposed place of worship expansion with the following condition: 1. Prior to the issuance of a Certificate of Occupancy, the applicant shall obtain planning staff approval for the required type "C" buffer. The Vice 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 Eggert, SECONDED by Commissioner Macht, the Board unanimously (4-0, Chairman Bird being absent) granted special exception use to the Church of Jesus Christ of Latter Day Saints for the proposed expansion of an existing place of worship with the condition as set forth in staff's memorandum. 31 BOOK 90 F.,,cr- 863 I ® CT 2 5 1993 BOOK 90 FADE 804 PUBLIC HEARING — UNITARIAN UNIVERSALIST FELLOWSHIP CHURCH, REQUEST FOR SPECIAL EXCEPTION USE APPROVAL TO CONVERT A RESIDENCE TO A PLACE OF WORSHIP The hour of 9:05 a.m. having passed, the County Attorney announced that this public hearing has been properly advertised as follows: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach. Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he Is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being a In the matter of In the Court, was pub• w lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this ••••eW00ile&ggnt for publication in the said newspaper. ,••gyp• t.: S,p•. BLvor�j� a�tiQscribed before rte this �.__� day o D. 19 L Mmm res June : 29. 1997 01 NO CC30%72 Rudiness Manager) bnnBAAA E. PAM1017, NOTARY PUt31.IC, Stab of Florida, My Commission Eap. ja" 29.1M7 Corn issiar Nwrber. "XoGn 4th ST Site i WESTLAKE C4 a R3-3 PARK NOTICE OF PUBLIC HEARIINtherG Notice of of dal exception use pproval to coI two establish a place of - worship, to be known as the Unitarian Universalist pFr�eelloowwship of Vero Beach. The subject FloraRpeesPe�, ty Is owned bcaied' aarxf 1 355 4 rd Avenue ManuelaIn Section 18, Town- shp 33 and Range 39. See the above map for the bcatbn. Apubes heartrg at which partes in Interest and cift. shatl have an opportunity to be heard, will be held by the Board of County Commissioners of Indian Rivre County, Florida, in the Canty Commis- sbn Chambers of Me Canty Administration Build - Ing, located at 1840 25th Street, Vero Beach, Fbr- Ida on Tuesday, October 26, 1993 at 9:05 a.m. Anyone who may wish to appeal any decision whIch may be made at this meeting will need to en- sure Met a verbatim record of the prangs is made, which includes testimony and evidence upon which the appeal Is based. ANYONE WHO NEEDS A SPECIAL ACCOMMODA- TION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-9000 X408 AT LEAST 48 HOURS IN ADVANCE OF THE MEET- ING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s -Ric hard N. Bird, Chairman Oct. 5. 1993 1036367 Planning Director Stan Boling commented from the following: 32 807 _I TO: James Chandler County Administrator DI ION HEAD CONCURRENCE: Obert M. Reatin , AI Community Developmentirector ve THROUGH: Stan Boling, ICP Planning Director FROM: Eric Blad Staff Pla er, Current Development DATE: October 14, 1993 SUBJECT: Unitarian Universalist Fellowship Church's Request for Special Exception Use Approval to Convert a Residence to a Place of Worship [SP-MA-93-09-025/Live IRC #93060127-001] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 26. 1993. DESCRIPTION AND CONDITIONS: Mosby & Associates, Inc. has submitted an application for major site plan and -special exception use approval on behalf of the Unitarian Universalist Fellowship Church to convert a residence to a place of worship. The site address is 355 43rd Avenue. Since the site is located within the RS -3 zoning district, special exception use approval must be granted for the place of worship use. At its regular meeting of September 23, 1993 the Planning and Zoning Commission recommended that the Board of County Commissioners grant the requested special exception use approval with the conditions stated at the end of this report. Also,. the Planning and Zoning Commission granted, major site plan approval subject to the Board of County Commissioners approving the special exception use request. The Board of County Commissioners is now to approve, approve with conditions, or deny the special exception use request. Pursuant to Section 971.05 of the LDRs, the Board of County Commissioners is to consider the appropriateness of the requested use for the subject site and surrounding area. The county may attach any conditions and safeguards necessary to mitigate impacts and ensure compatibility of the use with the surrounding area. ANALYSIS: 1. Zoning classification: RS -3, Single -Family Residential (up to 3 units per acre) 2. Land Use Designation: acre) L-1, Low Density (up to 3 units per 33 C t", BOOK OCT 2 t, 1993 3. Surrounding Land Use and Zoning: 800K 90 F'AFE 800 North: Temple Beth Shalom of Vero Beach/RS-3 South: Single -Family Residential/RS-3 East: 43rd Avenue, Single -Family Residential/RS-6 West: Single -Family Residential/RS-3 4. Total Area of Development: 104,97.4 sq. ft. or 2.41 acres The subject site contains two parcels, identified as parcels "A" and "B". Prior to site plan release, a unity of title that unifies parcels "A" and "B" into a single parcel must be executed and recorded. 5. Total Impervious Surface: Existing: 6,266 sq. ft. Proposed: 19,973 sq. ft. Total 26,239 sq. ft. NOTE: New impervious surface on the site consists solely of improvements made to accommodate parking and site access. 6. Open Space: Required: 40% Proposed: 75% 7. Building Area: The existing building has an area of 2,473 square feet. No additional building area is proposed as part of this application. 8. Traffic Circulation: This site will be accessed from 43rd Avenue via a new 22' wide driveway. The new driveway will replace the dirt driveway currently located at the site's northern boundary. The site access and the on-site traffic circulation plan have been approved by the County Traffic Engineer. 9. Off -Street Parking: 40 parking spaces required 40 parking spaces proposed 10. Stormwater Management: The Stormwater Management Plan has been approved by the Public Works Department, and a type "B" stormwater management permit will be issued. 11. Landscaping Plan: The landscaping Plan is in compliance with Chapter 926 requirements. The plan depicts a Type "C" buffer between the building and the adjacent single family zoned property. This buffer satisfies the specific land use criteria buffer requirement for places of worship. 12. Utilities: The site will be serviced by the county potable water system. County wastewater service is not available to the site at this time. However, prior to site plan release, the applicant must execute a Developer's Agreement with county utilities to ensure future connection to county wastewater service when such service becomes available. 13. Specific Land Use Criteria: The application must satisfy all applicable specific land use criteria for a place of worship. The place of worship specific land use criteria are as follows: 34 a. No building or structure shall be located closer -than thirty (30) feet to any property line abutting a residential use or residentially designated property. :- b. Access shall be from a major thoroughfare unless otherwise approved by the public works department; c. Any accessory residential use, day care facility or school upon the premises shall provide such additional lot area as required for such use by this section and shall further be subject to all conditions. set forth by the reviewing procedures and standards for that particular use. Accessory residential uses may include covenants, monasteries, rectories or parsonages as required by these regulations: d. Type "C" screening shall be provided along all property boundaries where the facility is located adjacent to a single-family residentially designated property. Type "D" screening shall be provided along all property boundaries when the facility is located adjacent to a multiple -family residentially designated property. All the applicable specific land use criteria have been satisfied by the subject site plan application. RECOMMENDATION: Based on the analysis performed, staff recommends that the Board of County Commissioners grant special exception use approval for the requested place of worship use with the following conditions: 1. That prior to site plan release, the applicant shall execute a Developer's Agreement with county utilities services to ensure future wastewater service connection when such service - becomes available. 2. That prior to site plan release, a unity of title shall be executed and recorded that unifies parcels "A" and "B" into a single parcel. The Vice 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 Adams, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Chairman Bird being absent) granted special exception use to Unitarian Universalist Fellowship Church for the proposed place of worship use with the conditions as set forth in staff's memorandum. 35 PIP— 01� BOOK 90 RAGF. 868 PUBLIC HEARING - COMMUNITY BAPTIST CHURCH REQUEST FOR SPECIAL EXCEPTION USE APPROVAL FOR THE EXPANSION OF AN EXISTING PLACE OF r WORSHIP The hour of 9:05 a.m. having passed, the County Attorney announced that this public hearing has been properly advertised as follows: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he Is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being t I / , a In the /Court, was pub- lished in said newspaper in the Issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate. commission or refund for the purpose of securing this IdweMae%Tnt for publication in the said newspaper. �Q�r��1•J4scribed efor a this t day o */A. D. 19�� MY -COMM. m J Explrea °��' 19g� .. E�(Bu�ines� ""-nagerl N 0.0 gA05f2 • ..•.:'gip ,y,�/ R �.••,- sew„rrq�e' �cOFFI.O��. ,,••••�'••a•„•,•,++a'+`` E I)AA@AnA C. WnAlSuc, NOTARY PUBLIC. J\ As SUds of Florida, My Commission Eap.,luno 29, 1W it _ Vb — .. • CermJssion Nwrtm.' CC3W572 NOTICE OF PUBLIC HEARING Notice of he” to consider the granting of ape - dal exception use aawoval� nIty B a aChurch worrMp, known a entree o elartdTmheu �t pr�rt presently owned b8y erM located et 1253 Roseharxl R In Section 22, FlernVg Grant. See Bre above map for the bcatim. Apublic heart g at which parties in Interest and .W. shies have an opportunity to be heard, will be held by the Board of County Commissioners of Indian River County, Florida. In Bre County Commis- slon Chambers of the County Adminlstratbnr BuUd- ing, located at 1840 25th Street, Vero Beath, Flor- ida on Tuesday, October 26,1993 at 9:05 a.m. Anyone who may wish to appeal any decision which may be made at this w@ creed to en- sure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal Is based. ANYONE WHO NEEDS A SPECIAL ACCOMMODA- TION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (AOA) COORDINATOR AT 567-8000 X408 AT LEAST 48 HOURS IN ADVANCE OF THE MEET- ING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY-s-Rlchard N. Bird, Chairman Oct. 5, 1993 1 1036363 Planning Director Stan Boling commented from the following: 36 607 ... uu Sobs* e n p 0 ,,,rSite sew„rrq�e' E J\ As A W y ' cc it _ Vb — .. NOTICE OF PUBLIC HEARING Notice of he” to consider the granting of ape - dal exception use aawoval� nIty B a aChurch worrMp, known a entree o elartdTmheu �t pr�rt presently owned b8y erM located et 1253 Roseharxl R In Section 22, FlernVg Grant. See Bre above map for the bcatim. Apublic heart g at which parties in Interest and .W. shies have an opportunity to be heard, will be held by the Board of County Commissioners of Indian River County, Florida. In Bre County Commis- slon Chambers of the County Adminlstratbnr BuUd- ing, located at 1840 25th Street, Vero Beath, Flor- ida on Tuesday, October 26,1993 at 9:05 a.m. Anyone who may wish to appeal any decision which may be made at this w@ creed to en- sure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal Is based. ANYONE WHO NEEDS A SPECIAL ACCOMMODA- TION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (AOA) COORDINATOR AT 567-8000 X408 AT LEAST 48 HOURS IN ADVANCE OF THE MEET- ING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY-s-Rlchard N. Bird, Chairman Oct. 5, 1993 1 1036363 Planning Director Stan Boling commented from the following: 36 607 TO: James Chandler County Administrator DIVISION HEAD CONCURRENCE! /2L Robert M. ain AICP Community De eloVent Director THROUGH: Stan Boling, AICP Planning Director FROM: Eric Blade Staff Planner, Current Development DATE: October 13, 1993 SUBJECT: Community Baptist Church Request for Special Exception Use Approval for the Expansion of an.Existing Place of Worship [AA-93-11-123/LIVE IRC #93080002-001] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 26, 1993. DESCRIPTION AND CONDITIONS: Pastor Ron Barber, representing the Community Baptist Church, has submitted an application for special exception use approval and site plan administrative approval to expand the existing place of worship at 12534 Roseland Road. The proposed expansion consists of changing the use of an existing single-family dwelling to a fellowship hall. The existing residence is adjacent to the existing church facility. Since the site is located within the RS -3 zoning district, and since the proposal would expand the existing place of worship use by more than 10%, special exception use approval must be granted for the project. At its regular meeting of September 23, 1993 the Planning and Zoning Commission recommended that the fioard of County Commissioners grant the requested special exception use with the conditions stated at the end of this report. The Board of County Commissioners is now to grant approval, approval with conditions, or deny the special exception use request. Pursuant to section 971.05 of the LDRs, the Board of County Commissioners is to consider the appropriateness of the requested use for the subject site and the surrounding area. The county may attach any conditions and safeguards necessary to mitigate impacts and to ensure compatibility of the use with the surrounding areas. Staff has reviewed the submitted proposal and has granted administrative site plan approval subject to the granting of special exception use approval. Therefore, the administrative approval will become effective if and when the Board of County Commissioners grants special exception use approval. ANALYSIS: 1. Zoning Classification: RS -3, Single Family Residential (up to 3 units per acre) 37 �� 19 BOOK 9® F'S c 869 OCT 23) 1993 9 BOOK ® DG 870 2. Land Use Designation: L-2, Low -Density (up to 6 units per acre) 3. Surrounding Land Use and Zoning: North: Roseland Road, Single -Family Residential/RS-3 South: Single Family Residential/RS-3 East: City of Sebastian Airport West: Single Family Residential/RS-3 NOTE: The City of Sebastian has been notified as an adjacent property owner. No comments have been received from the City at this time. Also, the City Community Development Director has stated that he has no objections to the proposal. 4. Total Area of Development: 54,015 sq. ft. or approximately 1.34 acres NOTE: The site of the existing residence presently consists of three parcels which must be unified into a single parcel to ensure compliance with applicable building setbacks. Therefore, prior to site plan release, a unity of title must be executed to unify these three parcels. . 5. Open Space: Required: 40% Proposed: 97% NOTE: No new impervious surface will be added to the site as a result of the special exception use request. 6. Building Area: The existing 1,270 square foot residential structure will not be altered. No construction is needed to accommodate the proposed use, and none is proposed as part of this application. 7. Traffic Circulation: The proposed fellowship hall will be connected to the existing church facility via a 10' wide mulch walkway. Church members will use the existing church driveway and parking facilities and will use the mulch walkway to access the fellowship hall. The traffic circulation plan, which includes use of the existing driveway and parking facilities, has been approved by the County Traffic Engineer. 8. Off -Street Parking: Required: 40 parking spaces Provided: 56 parking spaces Pursuant to LDR section 954.05(2), parking standards for the existing place of worship and the proposed fellowship hall are satisfied by the church's existing parking facilities. 9. Stormwater Management: The Stormwater Management Plan has been approved by the Public Works Department. 10. Landscaping Plan: The landscaping plan meets applicable chapter 926 requirements and depicts the type "C" buffer required between the fellowship hall and adjacent single family zoned property. To ensure compliance with chapter 926, 38 M s M the distribution of shrubs, understory vegetation and trees within the type "C" buffer must be inspected and approved by planning staff prior to occupancy of the fellowship hall. 11. Utilities: County potable water and wastewater service is not available to the site at this time. The County Utility Services and Environmental Health Departments have no objection to the requested special exception use approval. 12. Specific Land Use Criteria: The application must satisfy the following specific land use criteria for the proposed place of worship expansion: a. No building or structure shall be located closer than thirty (30) feet to any property line abutting a residential use or residentially designated property; b. Access shall be from a major thoroughfare unless otherwise approved by the public works department; C. Any accessory residential use, day care facility or school upon the premises shall provide such additional lot area as required for such use by this section and shall further be subject to all conditions set forth by the reviewing procedures and standards for that particular use. Accessory residential uses may include covenants, monasteries, rectories or parsonages as required by these regulations; d. Type "C" screening shall be provided along all property boundaries where the facility is located adjacent to a single-family residentially designated property. Type "D" screening shall be provided along all property boundaries when the facility is located adjacent to a multiple -family residentially designated property. All of the above specific land use criteria applicable to the site have been satisfied by this site plan application. RECOMMENDATION: Based on the analysis performed, staff recommends that the Board of County Commissioners grant special exception use approval for the requested expansion to an existing place of worship with the following conditions: 1. Prior to site plan release, a unity of title must be executed to unify the three parcels that constitute the subject site. 2. Prior to occupancy of the fellowship hall, the applicant shall obtain planning staff approval of the required type "C" buffer. Commissioner Eggert asked, and Director Boling confirmed that three parcels are to be unified, but the parcel with the church building will remain separate. The Technical Review Committee presented both options and the church prefers not unifying all parcels as one. This is allowed under the ordinance because the only type of improvement will be a mulch path to cross the property 39 CT 2 G 1993 BooK 0 C 2a 114;1 BOOK 90 PA,r. 872 line to connect the two parcels. Cars will be parked in the church parking lot and people will walk to the other building on the mulch path. This allows for the possibility of sale of the parcel in the future and it could revert to a single family house. Commissioner Adams led discussion regarding the driveway. Director Boling indicated on the enlarged map a house which is situated closer to Roseland Road, and another lot with no improvements which could use that easement. The church plans to use the church parking lot and not use the easement at all, but they do not want to give it up in case the property with the residence is sold in the future. Commissioner Adams thought they should have the option, and if there is a problem with the driveway, we could address it through code enforcement. Commissioner Eggert pointed out that use of the easement could be addressed in the site plan. Community Development Director Bob Keating advised that the site plan was approved, and access to the parcel that is being added to the church will be through the church property. Director Boling confirmed that there will be no improvements to the driveway. The only improvement will be the mulch path to connect the church parking lot to the house. Vice Chairman Tippin opened the public hearing and read aloud the following letter: ��f • `CCT 1993 � �MMUN�ry MR. EDWIN J. EDMONDS 3050 NE. 39TH ST. FT LAUDERDALE, FL 33308 -Ma C C✓Lj� ��Zf��% 40 Ron Barber, Pastor of Community Baptist Church, agreed that there has been some discussion regarding the driveway. He reported that there were meetings with the owner of the property to the north and he was assured that the church will not use that driveway at all. Cars will not have room to park there because of the required type C buffer. All cars will park in the church parking lot which is paved. The church wants to be a good neighbor. The Vice Chairman determined that no one else wished to be heard and thereupon closed the public hearing. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Chairman Bird being absent) granted special exception use to Community Baptist Church for the expansion of an existing place of worship with the conditions set out in staff's memorandum. INDIAN RIVER COUNTY COURTHOUSE PROJECT, CHANGE ORDER #7 The Board reviewed memo from General Services Director Sonny Dean dated October 18, 1993: DATE: OCTOBER 181 1993 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTO DEPARTMENT OF GENERAL SERVICES SUBJECT: INDIAN RIVER COUNTY COURTHOUSE PROJECT CHANGE ORDER NUMBER 7 BACKGROUND: This Change Order to the contract between James A. Cummings, Inc., and Indian River County was necessitated do to. the following construction changes on the subject project: Item #1. Change HVAC systems controls to DDC in lieu of DDC/Pneumatic Item #2. Change Roof slope and roof drains to provide better drainage. Item #3. Revise dimensions at entry portico Item #4. Cash allowance not used in purchase of signage. 41 NIC $ 6,716.00 $ 2,924.00 $(10,299.00) BOOK 90 PnF Q 13 ®CT. ��1 Item #5. Capping of Abandoned wells located on parking garage site. Item #6. Changes regarding conduit for A/V, phone/data outlets, security system, and miscellaneous items as per owner. Item V. Changing ductwork fiberglass lining from interior to exterior as per IAQ consultant recommendation. Item #8. Modifying parking garage foundation and relocating subsurface drainage. Item #9. Miscellaneous changes as recommended by IAQ consultant. TOTAL CHANGE ORDER The new contracted price will be $10,156,973.64. RECOMMENDATIONS: BOOK 90 �}A- 874 $ 1,091.00 $ 32,894.00 $ 18,177.00 $ 3,873.00 $123.712.00 $179,088.00 _ Staff recommends approval of Change Order Number 7 as submitted and requests authorization for the Chairman to execute the applicable documents. General Services Director Sonny Dean pointed out that the Board received extensive backup material regarding this item. He further explained that he invited the project team members to address the Board regarding the details of the change order. Gary Glenewinkle, vice president and project executive from Centex Rooney, explained that a large portion of the change order deals with air quality issues. The Courthouse Advisory Committee, with Commissioner Macht serving on that committee, has done extensive research, involving all the users of the courthouse and the engineering team. In February 1993 the committee hired Gee & Jenson to review the entire set of plans and specifications for air quality issues. In August, Gee & Jenson submitted a report and the Courthouse Advisory Committee decided to make all the changes that were recommended in that report. Mr. Glenewinkle emphasized that in the last two -y4--ars the issue of air quality in new construction has been studied very closely. If this project were done two years ago, none of this effort- would have been exerted, so it was not error or an oversight. Mr. Glenewinkle addressed the individual items of the change order and explained the reasons for each item. 42 Commissioner Adams asked about the miscellaneous changes in Item #9, and Project Engineer Jim Keeven explained that the major costs involved the ductwork, conduit, controls and added filters for the air handlers. Mr. Glenewinkle advised that two issues were not included in the change order and must be addressed. One item is moving all insulation to the outside of the air handling system so the insulation is not in the air flow. The other item is relocating an exterior louver. The bus which transports prisoners is not supposed to stop there ordinarily, but if it does, the louver can be closed to prevent diesel fumes from entering the system. Commissioner Eggert asked for an explanation of Item #3, the change in the dimensions of the entry portico. Steve Krone of the architectural firm of Pierce, Goodwin, Alexander & Linville (PGA&L) explained that some foundations and stem walls had not been shown on the bid documents and there were dimensional discrepancies which had to be corrected at a cost of $2,924. Commissioner Eggert asked whether Item #8 involved existing sewer and water lines. Mr. Glenewinkle explained that it involved not existing lines but new water and sewer lines which had to be adjusted because they entered the building at the same level as the footing for the foundation. Commissioner Macht asked whether the change in the roof slope had anything to do with aesthetics, and Mr. Glenewinkle responded in the negative. The change was to add drains and move some drains. - Mr. Glenewinkle pointed out that the American Institute of Architects sets percentages on governmental projects as to change orders. This project is well under those percentages, and he looks forward to continuing in that position. County Administrator Jim Chandler agreed, and advised that we are one half of one percent over on the whole project. He presented the following status report showing costs and changes in contract price: 43 OCT 2o 1993BooK �U ��!,c%5 fl 0. OP 1 INDIAN RIVER COUNTY COURTHOUSE UNANTICIPATED COSTS: (1) ALL BUT FOUR LOTS OF BLOCKS 44 & 45 WERE INCLUDED IN THE ORIGINAL BUDGET FOR THE COURTHOUSE FACILITIES. THE REMAINING ADJACENT LOTS WERE TO BE PURCHASED AT A LATER DATE AND USED FOR CONSTRUCTION OF AN OFFICE BULDING FOR THE STATE ATTORNEY AND PUBLIC DEFENDER IN 2010. DURING FY 91-92 THE B.C.C. INSTRUCTED STAFF TO PURSUE THE PURCHASE OF THESE REMAINING LOTS FOR FUTURE USE. A PURCHASE PRICE WAS NEGOTIATED FOR TWO OF THE FOUR LOTS WHICH WAS APPROVED BY THE BOARD ON FEB. 2, 1993. (2) RELOCATION COSTS OF UTILITIES TO BE PAID TO CITY OF VERO BEACH AS APPROVED ON 12/15/92 BY B.C.C. (3) ESTIMATED COST OF AIR QUALITY STUDY (4) ESTIMATED COST OF CHANGE ORDERS • (5) RECORDING SYSTEM FOR COURTROOMS (6) CABLING AND OTHER SETUP COSTS FOR CLERK'S DATA PROCESSING SYSTEM (7) MATERIALS PURCHASED BY COUNTY TO SAVE $191,980.48 IN SALES TAX. (CHANGE ORDER 1,3, & 5) C:\FUND315\CRTHSE=MMARY.WK4 DRAFT JAMES CUMMINGS ORIGINAL CONTRACT PRICE ORIGINAL ESTIMATES • CHANGE ORDER #1 ACTUAL THRU 9/23/93 ANTICIPATED COSTS TOTAL ANTICIPATED COSTS (1,306,308.49) FAVORABLE/ (UNFAVORABLE) VARIANCE LAND ADDITIONAL ADJACENT LAND PER B.C.C. INSTRUCTION $3,500,000-00 (1,224,288.13) $3,108,590.40 (3,900.00) $0.00 $3.108.590.40 SUBTOTAL $391,409.60 CONSTRUCTION: 179,088.00 CONTRACT PRICE 467 376.00 1 0.00 467 376.00 467 376.00 4,341,160.92 8,860,467.58 JUDICIAL BUILDING 10,620,000.00 PARKING GARAGE 2,860,000.00 OTHER CONStRUQTION COSTS 1,180,050.00 323,045.97 ADDITIONAL SITE WORK 0.00 (2) 91,685.00 AIR QUALITY 0.00 4,536.72 (3) 146,74228 CHANGE -ORDERS 4 150 000.00 TOTAL CONSTRUCTION CONSTRUCTION MANAGER 14 660 050.00 4,668,743.61 9248 894.86 13 917 638.47 742 411.53 ARCHITECT & ENGINEERING FEES 885 000.00 861 079.93 118 920.07 980 000.00 95 000.00 FURNISHINGS 953,465.00' 1,008,894.44 95 200.00 1,104,094.44 150 629.44 TELEPHONE/VIDEO EQUIPMENT 650,000.00 400,000.00 0.00 600,000.00 600,000.00 RECORDING EQUIPMENT 600,000.00 600,000.00 DATA PROCESSING CABLING 0.00 (5) 275,000.00 275,000.00 TOTAL EQUIPMENT/FURNISHINGS 1,050,000.00 0.00 0.00 6 94 474.00 1,569.474.00 94 474.00 11 1 569 474.00 519474.00 IOTHER/CONTINGENCIES 1,000,000.00 0.00 0.00 0.00 1,000,000.00 TOTAL $22,048,515.00 $10,114,684.38 $11,032,488.93 $21,147,173.31 $901,341.69 UNANTICIPATED COSTS: (1) ALL BUT FOUR LOTS OF BLOCKS 44 & 45 WERE INCLUDED IN THE ORIGINAL BUDGET FOR THE COURTHOUSE FACILITIES. THE REMAINING ADJACENT LOTS WERE TO BE PURCHASED AT A LATER DATE AND USED FOR CONSTRUCTION OF AN OFFICE BULDING FOR THE STATE ATTORNEY AND PUBLIC DEFENDER IN 2010. DURING FY 91-92 THE B.C.C. INSTRUCTED STAFF TO PURSUE THE PURCHASE OF THESE REMAINING LOTS FOR FUTURE USE. A PURCHASE PRICE WAS NEGOTIATED FOR TWO OF THE FOUR LOTS WHICH WAS APPROVED BY THE BOARD ON FEB. 2, 1993. (2) RELOCATION COSTS OF UTILITIES TO BE PAID TO CITY OF VERO BEACH AS APPROVED ON 12/15/92 BY B.C.C. (3) ESTIMATED COST OF AIR QUALITY STUDY (4) ESTIMATED COST OF CHANGE ORDERS • (5) RECORDING SYSTEM FOR COURTROOMS (6) CABLING AND OTHER SETUP COSTS FOR CLERK'S DATA PROCESSING SYSTEM (7) MATERIALS PURCHASED BY COUNTY TO SAVE $191,980.48 IN SALES TAX. (CHANGE ORDER 1,3, & 5) C:\FUND315\CRTHSE=MMARY.WK4 DRAFT JAMES CUMMINGS ORIGINAL CONTRACT PRICE $13,272,600.00 • CHANGE ORDER #1 (852,750.00) CHANGE ORDER #2 11,828.91 • CHANGE ORDER N3 (1,306,308.49) CHANGE ORDER N4 80,713.35 • CHANGE ORDER 85 (1,224,288.13) CHANGE ORDER #6 (3,900.00) •(7) DIRECT PURCHASES BY IRC 3,191,397.14 SUBTOTAL 13,169,28278 CHANGE ORDER #7 (PENDING) 179,088.00 CONTRACT PRICE $13.348.370.78 ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved Change Order No. 7 in the amount of $179,088 to the contract with James A. Cummings, Inc., for the new courthouse project, as recommended by staff. CHANGE ORDER NUMBER 7 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD RECREATIONAL BICYCLE RIDE - TROPIC ISLE METRIC CENTURY TREASURE COAST CYCLING ASSOCIATION The Board reviewed memo from County Traffic Engineer Robert Zaitooni dated October 15, 1993: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Robert Zaitooni, P.E. County Traffic Engineer SUBJECT: Recreational Bicycle Ride Tropic Isle Metric Century Treasure Coast Cycling Association DATE: October 15, 1993 DESCRIPTION AND CONDITIONS The Treasure Coast Cycling Association is requesting permission from the Board of County Commissioners to hold a recreational bicycle ride on State and County roadways on Sunday, November 7, 1993, at 7:30 A.M. until 10:00 A.M. for the benefit of promoting safe cycling in the Treasure Coast. The route will start in Martin County, proceed north through St. Lucie County into Indian River County, north on Old Dixie Highway to 4th Street, east on 4th Street to Indian River Boulevard, east across the 17th Street bridge to SR AlA, then south on SR AlA into St. Lucie County. This route is approximately 68 miles. Since this event will take place along segments of State and County roadways insurance coverage holding the Florida Department of Transportation, Indian River County and the City of Vero Beach harmless must be in hand prior to receiving final State and County permits for this event. The request for approval from the Indian River County Board of County Commissioners to hold the "Tropic Isle Metric Century" recreational bicycle ride is the proposal before the board at this time. The following conditions shall apply: 45 'U 201993 X001(9® PAGc 877 OCT 2 C, 1993 BOOK 90 F-nr.878 A) The Treasure Coast Cycling Association provide Indian River County with hold harmless insurance documents carrying Indian River County, City of Vero Beach and the Florida. Department of Transportation prior to issuance of the required permit. B) The event route shall be in accordance with the route specified by the Treasure Coast Cycling Association using Indian River County roadways starting at the south county boundary on Old Dixie Highway, north to 4th Street continuing east on Indian River Boulevard to 17th Street, then east to SR AlA, continuing south on SR AlA to the south county boundary. C) Event representatives or "marshalls" are placed at major intersections providing directional information to event participants, and shall not be permitted to direct traffic. D) All required Florida Department of Transportation and County Right - of -Way permits will be secured. E) All event participants shall be informed of proper bicycle safety and Florida Traffic Laws concerning bicycles by the event organizer. F) The Indian River County Sheriff's Department shall be notified of the event and the route. G) All event participants shall stop at traffic control signals that indicate red, and shall not proceed until a green indication is given. All right of way laws concerning vehicles shall also apply to bicycles. 0 IDID :yJZIi)a�C� Staff recommends that.. the Board of County Commissioners approve this request. Indian River County will not incur any costs from this event. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Chairman Bird being absent) approved the "Tropic Isle Metric Century" recreational bicycle ride with the conditions set out in staff's memorandum. Public Works Director Jim Davis wished to introduce the County's newly hired coastal engineer, Don Donaldson. Director Davis recapped Mr. Donaldson's background, which included experience with the Army Corp of Engineers in various coastal projects around :-the county, experimental design of breakwater projects, work on wave tanks, and monitoring of completed coastal projects. Since becoming -a staff member, Mr. Donaldson worked with Department of Environmental Protection and the Army Corp of Engineers regarding the obstacles in the South Beach area. The Board members welcomed Don Donaldson to the County. ►rl Don Donaldson advised the Board that he has been in communication with the Army Corps of Engineers and our South Beach obstacle problem is on their list of projects. There are procedures to be followed, but the fact that it is a hazard will be impetus for initiating that project a little more quickly. There is a possibility of unexploded ordnances in that area and we will continue to follow up to expedite the project. Discussion ensued regarding the obstacles and the possibility of danger to swimmers. Bill Roolage, 11 Vista Garden Trail, asked why these obstacles could not be made into an extension of the PEP reef. Commissioner Adams explained that the PEP reef is a different design. The obstacles could possibly be used to create a fishing reef and that possibility has been discussed with staff. SOUTH ROSELAND ROAD FORCE MAIN - FINAL PAY REQUEST AND CHANGE ORDER The Board reviewed memo from Utility Services Director Terry Pinto dated October 12, 1993: DATE: OCTOBER 12, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PI DIRECTOR OF UTI IT PREPARED WILLIAM F.Z&CCArN AND STAFFED CAPITAL S ENGINEER BY: DEPAR F UTILITY SERVICES SUBJECT: SOUTH ROSELAND AD FORCE MAIN FINAL PAY REQUEST AND CHANGE ORDER INDIAN RIVER COUNTY PROJECT NO. UW -92 -32 -CS On June 15, 1993, the Indian River County Board of County Commissioners approved a contract with Tri -Sure Corporation for the above -listed project (see. attached agenda item and minutes). The contract was in the amount of $98,654.02. The construction is complete, on schedule, and under budget. We are now before the Board of County Commission for approval of the final pay request and change order for this project. ANALYSIS The attached change order reflects a contract deduction in the amount of $4,934.79. The final adjusted contract amount is $93,719.23, which is reflected on the attached final pay request from Tri -Sure Corporation in the amount of $12,746.92. 47 OCT 261993 BOOK 90 FA, 879 r2 3 i�� BOOK 90 FeF 80 , ®CT RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the finala re change order to Tri -Sure Corporation as presented. pay quest and ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) approved the final pay request for Tri -Sure Corporation in the amount of $12,746.92, as recommended by staff. FINAL PAY REQUEST IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD PETITION WATER SERVICE IN CLUB GROVE ESTATES - RESOLUTIONS I AND II The Board reviewed memo from Utility Services Director Terry - Pinto dated October 12, 1993: DATE: OCTOBER 12, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTILIRT S RVICES PREPARED JAMES D. CHAS AND STAFFED MANAGER OF MENT PROJECTS BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: PETITION WATER SERVICE IN CLUB GROVE ESTATES (35TH COURT, NORTH - OFF 5TH STREET, SW) INDIAN RIVER COUNTY PROJECT NO. UW -93 -18 -DS RESOLUTIONS I AND II BACKGROUND On September 7, 1993, the Indian River County Board of County Commissioners approved the petition for water service for Club Grove Estates to supply potable water to its residents. Design has been completed by the Department of Utility Services staff. We are now ready to begin the assessment process associated with this project (see attached agenda item and minutes of the above meeting). ANALYSIS There are 27 lots in this subdivision; the typical lot sizes are one-half acre±. The 19 property owners signing the petition represent 70% of the -properties to be served. The attached map displays the area to benefit from the assessment project. Attached are Resolutions I and II for the assessment project. The total estimated cost to be assessed is $62,199.35. The cost per square foot is $0.0999228086--, 48 This project is to be funded through the assessment of property owners along the proposed water line route. In the interim, financing will be through the use of impact fee funds. RECOIDEEMATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached=Resolutions which approve the preliminary assessment roll and establish the public hearing date. ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously (4-0, Chairman Bird being absent) adopted Resolution 93-185 providing for water main extension to Club Grove Estates (35th Court north of 5th Street S.W.), as recommended by staff. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) adopted Resolution 93-186 setting Tuesday, December 7, 1993, at 9:05 a.m. in the County Commission Chambers as the time and place at which the owners of properties in Club Grove Estates (35th Court north of 5th Street S.W.) may appear and be heard as to constructing a water main, as recommended by staff. Providing (First Reso.) !U /`1-1(,=1ut�yT.�y�yy��_ RESOLUTION NO. 93-_ LU A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR WATER MAIN EXTENSION TO CLUB GROVE ESTATES (35TH COURT NORTH OF STH STREET, SW); PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY SERVED. WHEREAS, the Board of County Commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of the county and has determined to defray the cost thereof by special assessments against certain properties to be serviced by a water main extension to Club Grove Estates (35th Court, North of Fifth Street, SW) hereinafter referred to as Project No. UW -93 -18 -DS; 49 BOOK 90 P,S(;F. 0 C'1 1993 FF,_ OCT 2 oa BOOK 90 Fv�":, $s?. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County does hereby determine that a water main extension shall be installed to provide service for 27 lots, which are located generally as described above, and the cost thereof shall be specially assessed in accordance with the provisions of Sections 206.01 through 206.09.of the Code of Indian River County. 2. The total estimated project assessment cost of the above-described improvements is shown to be $62,199.35 or $0.09992280802 per square foot to be paid by the property specially benefited as shown on the assessment plat on file with the Department of Utility Services. 3. A special assessment in the amount of $0.09992280802 per square foot shall be assessed against each of the properties designated on the assessment plat. This assessment may be raised or lowered by action of the Board of County Commissioners after the public hearing, at the same meeting, as required by the referenced County Code. 4. The special assessments shall be due and payable and may be paid in full within 90 days after the date of the resolution of the Board with respect to credits against the special assessments after completion of the improvements (the "Credit Date") without interest. If not paid in full, the special assessments may be paid in ten equal yearly installments of principal plus interest. If not paid when due, there shall be added a penalty of 1-1/2% of the principal not paid when due. The unpaid balance of the special assessments shall bear interest at a rate of 8% from the Credit Date until paid. 5. There is presently on file with the Department of Utility Services a plat showing the -area to be assessed, plans and specifications, and an estimate of the cost of the proposed improvements. All of these are open to inspection by the public at the Department of Utility Services. 50 M 6. An assessment roll with respect to the special assessments shall promptly be prepared in connection with the special assessments. 7. Upon the adoption of this resolution, the Indian River County Utility Services Department shall cause this resolution (along with a map showing the areas to be served) to be published at least one time in the Vero Beach Press Journal before the public hearing required by Section 206.04. The resolution was moved for adoption by Commissioner Adams and the motion was seconded by Commissioner Macht , and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Absent Vice Chairman John W. Tippin Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 9_ day of October, 1993. Attest: Jeff ey K. Barton, Clerk Bye ��. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By -?Z �.. John W. Tipp' , Vice dhairman 51 mdinn River Ca Appr3ved Date Admin. f' > > 2J 4 Legal J ,Ll ji Budget ��• �S-�� Devi. i� ,y -q3 Risk Mgr. BOOK 90 F-nUF 8,3 p CT o 1993 Time and Place (Second Reso.) RESOLUTION NO. 93-_L j� BOOK0 F'A"r 88 4 1 to/TA/ 93(olubyrov) vk/nC A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTIES LOCATED GENERALLY IN THE AREA OF CLUB GROVE ESTATES (35TH COURT, NORTH OF 5TH STREET, SW) AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING A WATER MAIN, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. C)3 19 5 , determined that it is necessary for the public welfare of the citizens of the county, and particularly as to those living, working, and owning property within the area described hereafter, that a waterline be installed to serve 27 lots hereinafter described; and WHEREAS, it has been determined that the cost to be specially assessed with respect thereto shall be $0.09992280802 per square foot; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 206.06, Indian River County Code, requires that the Board of County Commissioners shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of constructing such water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 52 - M M 1. The County Commission shall meet at the County Commission Chambers in the County Administration Building at the hour of 9:05 a.m. on Tuesday, December 7, 1993, at which time the owners of the properties to be assessed and any other interested persons may appear before said Commission and be heard in regard thereto. The area to be improved and the properties to be specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2. All persons interested in the construction of said improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said improvements, and an estimate of the cost thereof at the office of the Department of Utility Services any week day from 8:30 a.m. until 5:00 p.m. 3. Notice of the time and place of this public hearing shall be given by two publications in the Press Journal Newspaper one week apart. The last publication shall be at least one week prior to the date of the hearing. The Indian River County Department of Utility Services shall give the owner of each property to be specially assessed at least ten days notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. 53 BOOK OCT a 1993 �� F.�ti'r �3 r Gz 1993 ®C� -1 BOOK 90 wF.886 The resolution was moved for adoption by Commissioner Adams 01 and the motion was seconded by Commissioner Mac ht ', and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Absent Vice Chairman John W. Tippin Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 26 day of October, 1993. Attest: Jef y K. Bar o lerk Attachment: ASSESSMENT ROLL BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA B, _Yr 6 Jftn W. Ti pr ice Chairman RIVER ROADS/DURRANCE/MASSEY (NORTH OF CR -510) LOW PRESSURE FORCE MAIN SEWER COLLECTION SYSTEM The Board reviewed memo from Utility Services Director Terry Pinto dated October 6, 1993: 54 DATE: OCTOBER 61 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILaRCES PREPARED JAMES D. CHASTAI AND STAFFED MANAGER OF ASSESS ROJECTS BY: DEPARTMENT OF UTI ITY SERVICES SUBJECT: RIVER ROADS/DURRANCE/MASSEY (NORTH OF C.R. 510) LOW PRESSURE FORCE MAIN SEWER COLLECTION SYSTEM INDIAN RIVER COUNTY PROJECT NO. US -92 -38 -CS On May 11, 1993, the Indian River County Board of County Commissioners approved a work authorization with Marshall, McCully and Associates for engineering, design, and inspection in the amount of $20,067.90. Under a continuing services contract, Marshall, McCully and Associates were to design a low pressure sewer system for a service area of 70± lots. There is a potential threat posed to the Indian River lagoon from septic tanks in this area (see attached letter from HRS, minutes, and agenda item). ANALYSIS We are proposing only to have the engineer design and inspect the low pressure force main, as well as all required power conduit. This design will duplicate the Rockridge sewer system almost exactly. The lift stations will be designed; however, we do not intend to construct them with this project unless people voluntarily wish to connect at the contract amount. This will allow homeowners to connect to the system in the future as they wish. At the time of home connections, we will either install the stations ourselves or allow the homeowner to have his home connected as a separate utility project. All homeowners will be provided lift station and wiring detail. Total estimated construction, engineering, and administrative costs are estimated to be $234,666.27. This cost per square foot is $0.15017978086. This project is to be funded through the assessment of property owners along the proposed sewer route. In the interim, financing will be through the use of impact fee funds. Due to the extremely high costs of this project to the property owners with the necessary surveying, engineering, design work, and associated costs, staff is seeking conceptual approval to send notification of estimated costs to the property owners and scheduling an informational meeting prior to proceeding with this project and expending any additional funds for outside design and surveying services. After obtaining input from property owners, staff would come back to the Board of County Commissioners with a recommendation regarding project direction and possibly Resolutions I and II for commencement of the project. RECOiMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners conceptually approve proceeding with this proposed project. At a later date, staff would come back to the Board with a preliminary assessment roll and Resolutions I and II to establish a public hearing date. 55 U��K �0 RS G uct OCT 261993 BOOK 90 uf"F 898 Director Pinto further explained that there are no established easements and rights-of-way and we must do a considerable amount of surveying. The road meanders, and we are dealing with private property containing a lot of marsh. There is a need for sewers in that area because it borders the river and there is a very high water table. The septic tanks that exist were built on mounds above ground. That method raises the septage but it seeps out below, runs down to the water table and moves laterally. It is an area of priority as far as the Department of Health is concerned and, of course, we have the responsibility. Because it is expensive we want to move cautiously to make sure that we get as much input as possible from the people who live there. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Chairman Bird being absent) conceptually approved proceeding with the Low Pressure Force Main Sewer Collection System at River Roads/Durrance/Massey, as recommended by staff. SOLID WASTE DISPOSAL DISTRICT Vice Chairman Tippin 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 10:10 a.m. ATTEST: J. arton, Clerk 56 �ohif' W. Tippin ice Chairman