HomeMy WebLinkAbout1/4/1994� MINUTESTI'TACHED "
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, JANUARY 4, 1994
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Richard N. Bird, Chairman- (Dist. S)
John W. Tippin, Vice Chairman ( Dist. 4)
Fran B. Adams ( Dist. 1)
Carolyn K. Eggert ( Dist. 2) F
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. A. INVOCATION - None
B. PLEDGE OF ALLEGIANCE - James E. Chandler
3. A. CHAIRMAN'S COMMENTS - RICHARD N. BIRD
B. ELECTION OF CHAIRMAN
C. ELECTION OF VICE CHAIRMAN
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
11.H.3. Structural failure at west regional wastewater plant
12. Annual resolution changing signatory for banks
13.B. Salary levels for County Administrator & County Attorney
13.E.1. Habitat for Humanity request
13.E.2. Gifford Cemetery
14.A. Emergency Services District 1994 Chairman & Vice Chairman
14.B. Solid Waste Disposal District 1994 Chairman and Vice Chairman
5. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
Regular Meeting of December 7, 1993
7. CONSENT AGENDA
A. I.R. Farms Water Control Dist. Audit Report for
year ended Sept. 30, 1993 (on file/Clerk's Ofc)
B. County Tax Deed Applications
( memorandum dated November 9, 1993 )
C. Florida Contraband Forfeiture Semi -Annual Report
( letter dated December 9, 1993 )
D. Award Bid #4025 / Large Capacity Topdresser
( memorandum dated December 28, 1993 )
E. Award Bid #4033 / Five (5) Utility Trucks
( memorandum dated December 22, 1993 )
AN 41994 BooK � F.
J
-7
JAN 4 1994 BOOK 91 PAE'360
7. CONSENT AGENDA (cont'd. ):
F. Award Bid #4031 / Dump Truck
( memorandum dated December 28, 1993 )
G. Award Bid #4047 / Informational Directory
( memorandum dated December 28, 1993 )
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
Norte
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
None
B. PUBLIC HEARINGS
1. Proposed Change (Minor Amendment) to the
Harbor Town Center (Mall) DRI Development
Order
( memorandum dated December 21, 1993 )
2. Proposed Change (Minor Amendment) to the
Countryside (formerly Village Green West &
South) DRI Development Order
( memorandum dated December 21, 1993 )
3. SWDD - Franchise and Recycling Contract
Changes
( memorandum dated December 8, 1993 )
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
Approval of Additional Telephone Device for the
Deaf (TDD) - Associated Equip. for E911 Public
Safety Answering Points and the County Emergency
Operations Center
( memorandum dated December 17, 1993 )
C. GENERAL SERVICES
Indoor Air Quality - County Administration Bldg.
( memorandum dated December 27, 1993 )
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
11. DEPARTMENTAL MATTERS (cont'd. ):
F. PERSONNEL
Employee Health Care Plan Consultant
(memorandum dated December 28, 1993)
G. PUBLIC WORKS
1. RFP - Murphy Deed Reservations Along
County Roads
( memorandum dated December 17, 1993 )
2. Request for Grading 106th Ave. S 105th
Ave. in Vero Lake Estates
( memorandum dated December 17, 1993 )
3. Final Payment - Vero Lake Estates Drainage
Study
(memorandum- dated December 27, 19931 ,
4. Professional Engineering Services Agreement
4th St Widening Project from West of US #1
to 500' West of Old Dixie Highway
( memorandum dated December 27; 1993) }.
H. UTILITIES
1. Fire Hydrant Relocation - C.R. 512,
IRC Bid No. 4007
( memorandum dated December 20, 1993 )
2. Removal of 200,000 Gallon Ground Storage
Tank at Vero Beach Highlands
( memorandum dated December 16, 1993)
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. COMMITTEE APPOINTMENTS/REAPPOINTMENTS
( memorandum dated December 27, 1993
B. CHAIRMAN RICHARD N. BIRD
C. VICE CHAIRMAN JOHN W. TIPPIN
D. COMMISSIONER FRAN B. ADAMS
E. COMMISSIONER CAROLYN K. EGGERT
JAN 4 1994 . BOOK 91 PnE .361
BOOK 91 Far. ;352 -7
13. COMMISSIONERS ITEMS (cont'd. ):
F. COMMISSIONER KENNETH R. MRCHT
Joint Meeting Between Children's Services
Advisory Committee Members, Board of County
Commission, and School Board
( memorandum dated December 27, 1993 )
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
None:
15. ADJOURNMENT
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE
AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL WILL BE BASED.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY
CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA)
COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF
MEETING.
Tuesday, January 4, 1994
The Board of County Commissioners of Indian River County,
Florida, met in Regular Session at the County Commission Chambers,
1840 25th Street, Vero Beach, Florida, on Tuesday, January 4, 1994,
at 9:00 a.m. Present were Richard N. Bird, Chairman; John W.
Tippin, Vice Chairman; Fran B. Adams; Carolyn K. Eggert; and
Richard N. Bird. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and Diane
Albin, Deputy Clerk.
The Chairman called the meeting to order, and Administrator
Chandler led the Pledge of Allegiance to the Flag.
CHAIRMAN"S COMMENTS - RICHARD N. BIRD
Chairman Bird announced that the Board historically has
elected a Chairman and Vice Chairman at the first meeting of each
year. He stated that in the 13 years he has served as a
Commissioner, the past year probably has been the most enjoyable.
He related that he received excellent cooperation from the other
Commissioners and from staff, which made hits job much easier.
Chairman Bird predicted that history will reflect that 1993 was a
good year for the County, during which many positive things
happened. He felt that the County is in excellent hands with the
present Commission, and he thanked the other Commissioners for
giving him the opportunity to serve as Chairman during 1993.
ELECTION OF CHAIRMAN AND VICE CHAIRMAN FOR 1994
Chairman Bird turned the meeting over to Attorney Vitunac for
election of a new Chairman.
Attorney Vitunac opened the floor for nominations for Chairman
for 1994.
Commissioner Eggert nominated Commissioner John W. Tippin.
JAN .4 1994 BOOK 91 F'1Gr. `36 3
r JAN 41994
BOOK 91 FADE 364 -7
There being no other nominations, Attorney Vitunac closed the
nominations, and Commissioner Tippin was elected Chairman of the
Indian River County Board of County Commissioners for 1994 by
acclamation.
Commissioner Bird turned over the gavel to Chairman Tippin.
Chairman Tippin thanked the Commissioners, and he promised to do
his best to do a good job. He related that he considers it a
privilege to serve on the Commission. He hoped to be able to do as
good a job in 1994 as Commissioner Bird did in 1993, and he
complimented Commissioner Bird on his ability to keep the meetings
moving while at the same time making certain everyone was given an
opportunity to express themselves on all sides of every issue.
Commissioner Tippin then opened the floor for nominations for
Vice Chairman for 1994.
Commissioner Eggert nominated Commissioner Kenneth F. Macht.
There being no other nominations, Chairman Tippin closed the
nominations, and Commissioner Kenneth R. Macht was elected Vice
Chairman of the Indian River County Board of County Commissioners
for 1994 by acclamation.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Administrator Chandler requested the addition of Item 11.H.3.,
West Regional Wastewater Treatment Plant structural failure.
Attorney Vitunac requested the addition of Item 12, annual
resolution changing signatories for banks.
Commissioner Bird requested the addition of Item 13.B.,
discussion of salary levels for Attorney Vitunac and Administrator
Chandler.
Commissioner Eggert requested the addition of Item 13.E.1.,
Habitat for Humanity request; and Item 13.E.2., discussion
regarding abandoned cemetery in Gifford.
Chairman Tippin requested the addition of Item 14.A., Special
Meeting of the Emergency Services District; and Item 14.B., Special
Meeting of the Solid Waste Disposal District.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously added the
above items to the Agenda.
APPROVAL OF MINUTES
Chairman Tippin asked if there were any additions or
corrections to the Minutes of the Regular Meeting of December 7,
1993. There were none.
2
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board approved the Minutes
of the Regular Meeting of December 7, 1993, as
written.
CONSENT AGENDA
A. Reports
The Indian River Farms Water Control District Audit Report for
the fiscal year ended September 30, 1993, was received and placed
on file in the office of the Clerk to the Board.
B. County Tax Deed Applications
The Board reviewed the following memo dated November 9, 1993:
TO: Board of County Commissioners
XAA- k.
f*�
FROM: Lea R. Keller, CLA, County Attorney's Office
THRU: Charles P. Vitunac, County Attorney
DATE: November 9, 1993
RE: COUNTY TAX DEED APPLICATIONS
The Board of County Commissioners at its meeting August 3, 1993, approved
and authorized the County to file several tax deed applications with the Tax
Collector on properties with outstanding tax certificates. As part of the
process of transferring title to the .County, the . Clerk Ia Office has notified
..us that the sum of $2,804..02.is now due.
REQUESTED ACTION: Staff recommends that the Board authorize the
payment of the above funds to the Clerk of the Circuit Court.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously authorized
the payment of $2,804.02 to the Clerk of the Circuit
Court, as recommended by staff.
3
JAN 4 1994 BOOK 91 Fr,UF
r J A N 4 1994 BOOK
C Florida Contraband Forfeiture Semi -Annual Report
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously accepted
the Florida Contraband Forfeiture Semi -Annual report
for the period ending September 30, 1993.
REPORT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
D Award Bid #4025 - Large Capacity Toydresser - Sandridge Golf
Course
The Board reviewed the following memo dated December 28, 1993:
DATE: December 28, 1993
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Directo
General Services
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid 14025/Large Capacity Topdresser
Sandridge Golf Course
BACKGROUND INFORO :
Bid Opening Date:
Advertising Dates:
Specifications Mailed to:
Replies:
VENDOR
Hector Turf
Deerfield Beach, FL
* RSI Holdings, Inc
Ft Lauderdale, FL
Zaun Equipment
Lake Mary, FL
October 27, 1993
Oct 14, 20, 1993
Twenty (20) Vendors
Three (3) Vendors
BID TOTAL
$ 5,995.00
$ 6,775.00
$ 7,500.00
* Represents recommended award by Department.
TOTAL AMOUNT OF BID $ 6,775.00
BUDGETED AMOUNT: $ 7,500.00
SOURCE OF FUNDS Golf Course Operations Other Machinery
and Equipment Account
RECOMMENDATION
i
Staff recommends that the bid be awarded to•RSI Holdings
;,,Inc, as the most responsive and responsible bidder meeting
specifications as set forth in the Invitation to.Bid. (See
attached memo) Low bidder's model does not meet our
specifications in that it has a hydraulic drive instead of
ground powered roller chain and gear drive.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously awarded
Bid #4025 to RSI Holdings, Inc., in the total amount
of $6,775, as recommended by staff.
4
E. Award Bid #4033 - 5 Utility Trucks
The Board reviewed the following memo dated December 22, 1993:
DATE: December 22, 1993
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director ��//
General Services ������"'"""]]]
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #4033/Five (5) Utility Trucks
Utilities Department
BACKGROUND INFORMATION:
Bid Opening Date: December 15, 1993
Advertising Dates: December 1, 8, 1993
Specifications Mailed to: Twenty (20) Vendors
Replies: Four (4) Vendors
VENDOR
ITEMS
1 - 4
BID TOTAL
General GMC Truck
1 *
$10,378.50
Tallahassee; FL
2
$16,035.00
3
$19,358.00
4
$19,118.00
Don Reid Ford
1
$10,498.00
Maitland, FL
2 *
$14,589.00
3 *
$17,688.00
4 *
$17,499.00
Duvall Ford
1
$11,666.00
Jacksonville, FL
2
NO BID
3
NO BID
4
NO BID
McInerny Ford
1
$13,648.00
Orlando, FL
2
$18,800.00
3
$21,950.00
.4
$21,950.00
'*Denotes Low Bidder
and Recommended
Award.
Item 11 - Two 1993 1/2 Ton Pick -Up Trucks w/Gasoline
Engines
.stem #2 - One 93/94 One Ton Cab Truck w/Diesel Fuel Engine
.'-Item - #3 - One* 93/94 One Ton Truck 14,500 SSB . GYWR Chassis
Cab Model w/Trailer Towing Hook Equipment
Item 14 - One 93/94 One Ton. Truck w/Trailer Towing Hook
Equipment
TOTAL AMOUNT OF BID
$70,533.00
SOURCE OF FUNDS 471-219-536-066.42 - Water Utilities
Automotive, 471-218-536-066.42 - Sewei Utilities
Automotive
ESTIMATED BUDGET
RECOMMENDATION
$83,000.00
Staff recommends that the bid be awarded to the two (2)
low bidders, GMC General Truck and Don Reid Ford as the
most responsive and responsible bidders meeting
specifications as set forth in the Invitation to Bid.
5
BOOK 91 `'AGF •���
J A N 1994 .
JAN 4 1994
BOOK
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously awarded
Bid #4033 in the total amount of $70,533.00 to
General GMC Truck and Don Reid Ford, as set forth in
staff's memorandum.
91 P4E.368
F Award Bid #4031 - Dump Truck - Sandridge Golf Course
The Board reviewed the following memo dated December 28, 1993:
DATE: December 28, 1993
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Admi strator
H.T. "Sonny" Dean, Director
General Services
FROM: Fran Boynton Powell, Purchasing Managerli
SUBJ: Award Bid #4031/Dump Truck
Sandridge Golf Course
BACKGROUND F .
Bid Opening Date: November 17, 1993
Advertising Dates: Oct 27, Nov 10, 1993
Specifications Mailed to: Twenty Two (22) Vendors
Replies: Six (6) Vendors
VENDOR BID TOTAL
General GMC Truck $15,788.50
West Palm Beach, FL
Velde Ford $16,442.50
Vero Beach, FL
Don Reid Ford $16,715.00
Maitland, FL
Gator Ford $16,739.00
Tampa, FL
Jim Rathman Chevrolet $18,994.90
Melbourne, FL
Janie Dean Chevrolet .$19,225.00
Vero Beach, FL
;,TOTAL AMOUNT OF BID $15,788.50
BUDGETED AMOUNT:_ $24,000.00
SOURCE OF'FUNDS Golf Course Operations Heavy Equipment
Wheel -Track Account
Staff• recommends that -the bid 'be awarded -to General GMC
Truck. Inc. as the lowest, most responsive and responsible
bidder meeting specifications as set forth in the
Invitation to Bid.
6
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously awarded
Bid #4031 to General GMC Truck in the amount of
$15,788.50, as recommended by staff.
Award Bid 44047 - Informational Directory - Indian River County
Main Library
The Board reviewed the following memo dated December 28, 1993:
DATE: December 28, 1993
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
General Services
FROM: Fran Boynton Powell, Purchasing Managerl/011i
SUBJ: Award Bid 14047/Informational Directory
Indian River County Main Library
BACKGROUND INFORMATION:
Bid Opening Date:
Advertising Dates:
Specifications Mailed to:
Replies:
December 3, 1993
November 19, 26, 1993
Twenty Five (25) Vendors
Seven (7) Vendors
VENDOR
BID TOTAL
Stevens Printing
$
4,800.00
Vero Beach, Fl
All Service Graphics
$
5,985.00
Melbourne, FL
Riverview Printing
$
6,285.00
Riverview, FL
Coastal Graphics
$
6,650.00
Vero Beach, FL
Bay Center
$
7,051.00
Tampa, FL
Ironside Press
$
7,800.00
Vero Beach, FL
Action Printers
$
8,284.60
Vero Beach, FL
TOTAL AMOUNT OF BID
$
4,800.00
SOURCE OF FUNDS
Main Library Miscellaneous
Account
$3,000.00
Donation from Council on Community
Services
1,600.00
Donation from Indian River
Memorial
Hospital
200.00
Total, Funds Available
$4,800.00
RECOMMENDATION
Staff recommends that the bid be awarded to Stevens
Printing as the lowest, most responsive and responsible
bidder meeting specifications as set forth in the
Invitation to Bid.
7
Boos
J A N 4 1994
r JAN 41994
Boox1
91 P',^ �7
hf, ���
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously awarded
Bid #4047 in the amount of $4,800 to Stevens
Printing, as recommended by staff.
PUBLIC HEARING - PROPOSED CHANGE (MINOR AMENDMENT) TO THE HARBOR
TOWN CENTER (MALL) DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER
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
--0 vii f^�
�na-a • o,:
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1 ra�-i•
IL
N' N
53rd STI
p
-SUBJECT
SITE .
�% MXGT.� ` TICEMDIANO RIVER IC HEART
In the matter of -� �.� OF RIVER
C �M
Ths Board of Canty Camnissloners old
in the Court, was pub-
lished in said newspaper in.the issues ofj%/hg �V
IAffiant further says that the said Vero Beach Press-Joumai Is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
„parry
�,..•",Xwer,nalYerd subscribedlore a this day of D. 19 _
*'OTA '� $44� �c Tv - 4 A, a
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Qj� ~ BARBARA .SPRAGUE. NOTARY PUBLIC. �us ass Manager)
• JuneComm Was : c Stale at Florida. My Commission Exp, June 29. 1007
29 t
�►� %`� •..... •ozo. ' S�rm�" No BARBARA Q SPRAGUE
OF mul:
fart':
River County hsreDy ghro notce of a
HEARING tp be hid at 9:05 am an Tuesday.
Januarmm
January 4, 1994, In the County Coission Cllarn-
bars of the Camrth+ Admt�tratbn �dtq located,I
i at 1840 25th Sweet Vero Beach, Florida. The eta
Ject of the hearing Is to coreider adoption of nutrwr
demoPC,VdpoW changes*1 to the
m d order 0.) for the pro)ect m "be
known as Harbor PICenter 0mill). The pro-
posed amendments relate to Increasing tie maxi-
mum commercial building area from 747 000
sWm feet to 798,900 square fest of gma��t_-
able area, and exterdn! .3'S yens various pr
act omvne cement and �� deadlines.
The Harbor Tam Center pralect site Is generaty
bcated as follows:
gourd on the south by 53rd Street by the 4
brand Harbor RNar Club project on the
east, by the North Relief Carrs on the
north, and by U.S. Highway #1 on the
wesL m Pe see the alwve beatbn map.
a members of the W* are iwfted to Strand
and participle at ire pAft hearing. Anyone who
may wish tD appeal any decision which ,may be i
made at tr "we vr8 need to so" that a ver-
batim record of the ROM&O Is made, which ef-
dudes test mill and evidence upon, which its ap-
peal is based.
ANYONE WHO NEEDS A SPECIAL ACCOMMODA- ••
TION FOR THIS MEETING MIST CONTACT THE .1
COUNTY1 AMERICANS WITH DISABILITIES ACT
I
ADA) COORDINATOR AT 587.8000 X408 AT .
` T 48 HOURS IN ADVANCE OF THE MEET -
6 BBoard County� " • '`,� it a
j y
By._q-RIchsrd N. Rd, p alrm . 4j" i
Dec. J�7
Planning Director Stan Boling commented from the following
memo dated December 21, 1993:
8
TO: James Chandler
County Administrator
=obt
HEAD CONCURRENCE:
Keating,ICP
Community Deevvejlopmtnt DVCector
FROM: Stan Boling; AICP
Planning Director
DATE: December 21, 1993
SUBJECT: Proposed Change (Minor Amendment) to the Harbor Town
Center (Mall) DRI Development Order
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of January 4, 1994.
BACKGROUND:
On March 28, 1989, the Board of County Commissioners adopted a
development order (D.O.) approving the development of regional
impact (DRI) known as Harbor Town Center for a regional mall,
commercial out -parcel development, and 64 residential units.
Subsequently, a few amendments were approved that modified the
original D.O. The amended D.O. remains in effect and governs the
general development of the entire project via specific development
conditions and approved application materials.
The project site contains 92.5 acres of land and is located at the
northeast corner of US #1 and 53rd Street (see attachment #1). The
site is currently used as a golf course and driving range
(Whispering Lakes). and a citrus grove. No -site plan for DRI
commercial development has been submitted by the developer and no
DRI commercial development has occurred on.site.
REQUESTED AMENDMENT
Attorney Steve Henderson, on behalf of the project developer
Petrie-Dierman-Kuhn, Inc., has filed a Notice of Proposed Change
(NOPC)- and is now requesting an amendment to. the D.O. -to effect the
following modifications:
1. Extend project commencement and completion deadlines as
follows:
A. Submittal of a mall site plan application FROM 6/30/93 TO
6/30/96
B. Commencement of mall construction FROM 12/31/93 TO
12/31/96
C. Completion of project construction FROM 12/31/96 TO
12/31/99
D. Traffic analysis update/building permit requirement FROM
12/31/93 TO 12/31/98
E. Development order termination date FROM 3/28/2009 TO
3/28/2013
9
JAN ,�9� BOOK 91 F,Gu371
rJAN 4 19-
2. Increase the maximum allowable amount of
development by 49,900 square feet gross leasable
follows:
BOOK 91 F-mJr,.3 ! 2
commercial
area ( GLA). as
FROM 747,000 sq. ft. GLA (approximately 809,000 sq. ft. gross
building area)
TO 796,900 sq. ft. GLA (approximately 863,000 sq. ft. gross
building area)
3. Update certain project perimeter buffer and project landscape
requirements now contained in the D.O. to reflect current
county buffer terminology and landscape standards.
These requested changes are necessary to keep the project DRI
approval valid and to establish more viable commencement and
;completion timeframes for project development (see attachment #2).
CONSIDERATION OF THE REQUEST
Pursuant to FS 380.06 which governs DRIs, the county may determine
that the request does not constitute a substantial deviation and
may be treated as a proposed change or "minor amendment". As a
minor amendment, a change in an approved D.O. can be made by the
Board of County Commissioners without official approval of the
Regional Planning Council.
In accordance with LDR section 916.05(1), the Planning and Zoning
Commission considered the request at its December 9, 1993 meeting.
IThe Planning and Zoning Commission recommended 6-0 that the Board
;of County Commissioners make a finding that the NOPC request does
Inot constitute a substantial deviation and that the Board approve
the request by adopting a D.O. resolution approving the request
(see attachment #3).
The Board is now to consider the request, and make a finding as to
whether or not the request constitutes a substantial deviation and
approve, approve with conditions, or deny the NOPC request.
!ANALYSIS:
*Determination: Not a Substantial Deviation
County,.Department of Community Affairs (DCA), and -Treasure Coast
Regional Planning Council (TCRPC) staff haver reviewed the request
pursuant to FS 380.06 and have indicated that the request does not
!increase project impacts to a degree that requires substantial
deviation review (see attachment #4 and #5). Therefore, in staff's
opinion,_ the NOPC request ..does not constitute a substantial
deviation and may be :treated as a minor amendment:" Thus, all staff
analyses _indicate that the county should find that the request does
not constitute a substantial deviation.
*Effect of Request
The requested 49,900 square foot increase in potential commercial
development along with the requested extension of project
development timeframes would primarily affect project traffic
impacts. On behalf of the developer, Rimley-Horn and Associates,
Inc. has updated the project's original traffic analysis to reflect
project development and build -out through the end of 1998. The
updated traffic analysis indicates that the requested changes would
not adversely impact major roadways within the project's traffic
study area. Furthermore, the analysis indicates that no additional
D.O. traffic conditions are necessary to accommodate -the proposed
10
changes. Public Works staff have reviewed and accepted the traffic
analysis. Therefore, in staff's opinion the traffic impacts
resulting from requested changes are acceptable and no additional
D.O. traffic conditions are necessary. It should be noted that the
existing D.O. will continue to contain a traffic monitoring
conditions, whereby no project building permits will be issued
beyond the traffic analysis build -out date (1998) unless and until
the project's traffic analysis is again updated.
County staff have no objection to approval of the NOPC request.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners:
1. Determine that the request does not constitute a substantial
deviation.
- 2. Adopt the attached resolution amending the Harbor Town Center
D.O. to allow the requested changes as described in the NOPC
request and in this report.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Steve Henderson, attorney for the developers, asked if the
Board had any questions. Commissioner Eggert asked, and Attorney
Henderson clarified that there have been no changes within the
development firm with the exception of Mr. Kuhn becoming a partner
about 2 years ago.
It was determined that no one else wished to be heard and the
Chairman closed the public hearing.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 94-1, amending the development order
(D.O.) approved by the Board of County Commissioners
for the Harbor Town Center Mall Development of
Regional Impact (D.R.I), as recommended by staff.
001
JAN 4 1994 BOOK 91 pnu 373
L
r JAN 4 1994
RESOLUTION NO. 94-1
BOOK 91 F-A,'A7 -1
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA AMENDING THE DEVELOPMENT ORDER
(D.O.) APPROVED BY THE BOARD OF COUNTY COMMISSIONERS FOR
THE HARBOR TOWN CENTER MALL DEVELOPMENT OF REGIONAL
IMPACT (D.R.I.).
WHEREAS, pursuant to the provisions of Chapter 380 Florida
Statutes, the Board of County Commissioners of Indian River County,
Florida has adopted Resolution No. 89-31A (adopted March 28, 1989)
establishing the Development Order approving the Harbor Town Center
Mall Development of Regional Impact, and has adopted Resolution No.
89-128 (adopted September 26, 1989) amending said Development
Order, and has adopted Resolution No. 92-13 (adopted January 28,
1992) amending said Development Order, and
WHEREAS, the developer Petrie -Di erman-Kuhn, Inc., has formally
applied for and has agreed to certain language changes within the
Development Order (D.O.) relating to the extension of certain
construction commencement and completion deadlines, the extension
of the site plan submittal deadline, the extension of the'D.O.
termination date, the increase in maximum allowable commercial
development by 49,900 square feet of gross leasable area, and the
updating of perimeter buffer and project landscape requirements
contained in the original D.O. resolution,
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Indian River County, Florida that:
1. The Board of County Commissioners finds that the requested and
proposed changes to the Development Order do not constitute a
substantial deviation, pursuant to Chapter 380 Florida
Statutes.
2. The notification of proposed change application and materials
submitted on behalf of the developer, along with subsequent
and related staff and applicant correspondence are hereby
incorporated by reference into the Application for Development
Approval (ADA) for the project.
3. All conditions and restrictions specified in the project
Development Order (Resolution No. 89-31A, and as amended by
Resolution No. 89-128 and Resolution No. 92-13), shall remain
in full force and effect.
4. The D.O. termination date shall be March 28, 2013.
S. The maximum amount of commercial development within the
project shall be increased from 747,000 square feet to 796;900
square feet gross leasable area.
6. The mall site plan application submittal deadline in D.O.
section 2.a. (reference Resolution No. 92-13) is extended from
June 30, 1993 to June 30, 1996.
7. The mall construction commencement deadline in D.O. section
2.c.1. (reference Resolution No. 89-31A) is extended from
December 31, 1993 to December 31, 1996.
8. The mall construction completion deadline in D.O. section 3
(reference Resolution No. 89-31A) is extended from December
31, 1996 to December 31, 1999.
9. The traffic analysis update and building permit issuance
deadlines referenced in three instances in D.O. section 35
(reference Resolution No. 89-31A) are extended from December
31, 1993 to December 31, 1998.
10. The aesthetics and landscaping D.O. section 6 (reference
Resolution No. 89-31A) is hereby amended to read as follows:
12
RESOLUTION NO. 94- 1
116. The following requirements shall be incorporated into the
site plans of Harbor Town Center and related outparcel
and residential developments.
a. Perimeter Landscape Buffers*
The following buffers shall be established as
follows:
U.S. #1 Type "C" buffer 25 feet
(minimum) with 3' opaque
feature
53rd Street Type "C" buffer 25 feet
(minimum) with 3' opaque
feature
North Relief Canal Type "D" buffer
East Property Line Type "C" buffer 30 feet
(minimum) with 6' opaque
feature
*buffers as defined in the county LDRs
b. Parking Area Interior Landscaping
At a minimum ten percent (10%) of the total paved
` parking and driveway area shall be designated and
improved as interior parking landscaped area (as
described in the County Landscape Ordinance).
C. Plant Material Size at Time of Installation
The project's total tree requirements shall meet or
exceed the county landscaping regulations in effect
at the time of site plan approval.
d. All healthy hardwoods found within the buffer yards
described in paragraph "a." above shall be
preserved.
The foregoing resolution was offered by Commissioner
Adams and the motion was seconded by Commissioner
Eggert , and, upon being put to a vote, the vote was as
follows:
Chairman John W. Tippin
Vice Chairman Ken Macht
Commissioner Fran B. Adams
Commissioner Richard N. Bird
Commissioner Carolyn K. Eggert
This Chairman thereupon declared the resolution duly passed and
adopted this 4 day of ,January , 1994.
INDIAN RIVER COUNTY COMMISSIONERS
INDIAN RIVER CO FLORIDA
��lH� N, John ppin
ATTEST:
Jeffrey K/� Barton, County Cl k
APPROVED AS TO PLANNING MATTERS:
• fes!
Robert M. Keati , AICP
13
JAN 41994 BOOK 91 pAu. 375
94 BOOK
1
JAN 4 9
U
91 PnF `376 -1
PROPOSED CHANGE (MINOR AMENDMENT) TO THE COUNTRYSIDE (FORMERLY
VILLAGE GREEN WEST & SOUTH) DEVELOPMENT OF REGIONAL IMPACT
DEVELOPMENT ORDER
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 advertisement,
f
being
r n
' in the matter of
i
In the Court, was pub -
fished in said newspaper in the issues of
Affiant further says that the said Vero Beach Press•Joumal is a newspaper published at
Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office In Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
".u..r...
XwerAlb apd subscribed fore a this day of D. 19
OTA'A'p�
9%' .G� •= 4dus ess Manager)
G • BARBARA . SPRAGUE. NOTARY PUBLIC. 4y
'e►nrll. 6tpire8= State of Florida My Commissar Exp. AM29.1907
��tAt-l72
• • • • • • A Notary: !)ARRAN C. SPRAGUE
14
MAN RIYER COUNTY
NOTiCE OF PUBLIC REARM
The Board of County Ownd•slo rens of Indian
RMer County herZ to notice of a PUBLIC
,� 4 t 1 ��Co County Ca exon
Ch—
bera of t6 Cow m4datratlon Bgw�ftrr� located
at 1840 26th Street, Vero Beach, Florida. -nm stir
oct of the hearing Is to consider adoption of minor
amerdme nts ("proposed d '1 to the
devebprtsnt order (D.O.) for the prp�ect for
known as Nage Green West 6 Saith' tnax
known as • Countryside.' The proposed emend_
meets relate to plans to develop a cur" vitt
46.65 acre portion of the overall
protect as a conventional sing�fam8ys�n
rather dw as a coni iation of mobile tam
development. The proposed subdivision�Is
rd oasiat of a maxim of 120 units is to be
known as "Sabal Trace.'
The "Countryside" protect ane is generally _1b
anted as 101was:
Bound on tiro south by 12th street, by
82nd Avenue on the east, and lying south
of S.R. 60. The "Sabal Tram"of
,•Countryside•• Is located krrn edia ey 41
Of
park
tI�LCauntryside South mobile
hamPam see the above location map -
AAI
A=lof the pAAc are krvite 1 to attend and
( wish lO appeal adedionh w !n rbemade at
the meeting w7 need to ensue that a verbatim
record of the proceed6hgs is made, which trxludes
testimony ami evidence upon which the appeal Is
ANYONE WHO NEEDS A SPECIAL ACCOMMODA-
TION FOR THIS Mi: ANG MUST CONTACT THE
COUNirS AMERICANS WffH DISAB®JTIES ACT
SADA) COORDINATOR AT 667-8000 X408 AT
LEAST 48 HOURS IN ADVANCE OF•THE MEET-
Board Conry Cammissiarars
B"Rdwd PC Bird, Chairman
Dec. 9. 1093 - • 1054869
a
-a3i1aQ � '
r
i
ri
•
s •:
MAN RIYER COUNTY
NOTiCE OF PUBLIC REARM
The Board of County Ownd•slo rens of Indian
RMer County herZ to notice of a PUBLIC
,� 4 t 1 ��Co County Ca exon
Ch—
bera of t6 Cow m4datratlon Bgw�ftrr� located
at 1840 26th Street, Vero Beach, Florida. -nm stir
oct of the hearing Is to consider adoption of minor
amerdme nts ("proposed d '1 to the
devebprtsnt order (D.O.) for the prp�ect for
known as Nage Green West 6 Saith' tnax
known as • Countryside.' The proposed emend_
meets relate to plans to develop a cur" vitt
46.65 acre portion of the overall
protect as a conventional sing�fam8ys�n
rather dw as a coni iation of mobile tam
development. The proposed subdivision�Is
rd oasiat of a maxim of 120 units is to be
known as "Sabal Trace.'
The "Countryside" protect ane is generally _1b
anted as 101was:
Bound on tiro south by 12th street, by
82nd Avenue on the east, and lying south
of S.R. 60. The "Sabal Tram"of
,•Countryside•• Is located krrn edia ey 41
Of
park
tI�LCauntryside South mobile
hamPam see the above location map -
AAI
A=lof the pAAc are krvite 1 to attend and
( wish lO appeal adedionh w !n rbemade at
the meeting w7 need to ensue that a verbatim
record of the proceed6hgs is made, which trxludes
testimony ami evidence upon which the appeal Is
ANYONE WHO NEEDS A SPECIAL ACCOMMODA-
TION FOR THIS Mi: ANG MUST CONTACT THE
COUNirS AMERICANS WffH DISAB®JTIES ACT
SADA) COORDINATOR AT 667-8000 X408 AT
LEAST 48 HOURS IN ADVANCE OF•THE MEET-
Board Conry Cammissiarars
B"Rdwd PC Bird, Chairman
Dec. 9. 1093 - • 1054869
a
The Board reviewed the following memo dated December 21, 1993:
TO: James Chandler
County Administrator
DIV7�,C�
N HEAD CONCURRENCE:
^ -
Robert M. Keatin , AIC
Community Deopment irector
46
FROM: Stan Boling, AICP
Planning Director
DATE: December 21, 1993
SUBJECT: Proposed Change (Minor Amendment) to the Countryside
(formerly Village Green West & South) DRI Development
Order
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of January 41 1994.
BACKGROUND:
On August 19, 1981, the Board of County Commissioners adopted a
development order (D.O.) approving the development of regional
impact (DRI) for the Village Green West and Village Green South
project. The D.O. granted approval for a 317.5 acre mobile home
park project, as well as some commercial development along S.R. 60
on property currently zoned commercial. This project is now known
as Countryside North and Countryside South (see attachment #1), and
has been sold -off in portions to five separate entities: Ellenburg
Capital Corp. (Countryside North mobile home park), Heagerty and
Chastain (Countryside South mobile home park), South County Fire
District (fire station site), Indian ..River Memorial Hospital
(vacant parcel),. -and Sable Trace (vacant parcel). Although the
total DRI project area has been sold -off into separate parcels, the
D.O. for the overall -. project still controls...all portions of the
project.
Sable Trace of Vero Beach, L.P. owns a 46'.55. acre portion of the
DRI project (see attachment #2), and is proposing to amend the D.O.
to allow. development of a two phase, conventional single family
._subdivision lather- than mobile home. park development' -In the portion
-of the project owned'by Sable Trace. To allow this change in
development plans, Sable Trace has applied for a "Notice of
Proposed Change" (NOPC) to amend the D.O. In conjunction with the
NOPC request, Sable Trace has applied to rezone "phase 1" of its
property from RMH-8 (Residential Mobile Home up to 8 units/acre) to
RS -6 (Residential Single Family up to 6 units/acre). At its August
12, 1993 meeting, the Planning and Zoning Commission considered
this rezoning request and recommended that the Board of County
Commissioners approve the rezoning. The Board of County
Commissioners is scheduled to consider the rezoning request at its
January 11, 1994 meeting.
15
UOOK 91FA;r +�77
JAN 41994__
PROPOSED D.O. AMENDMENT:
-7 BOOK 91 PvF,978
The NOPC request would amend the Village Green/Countryside D.O. to
effect the following three modifications:
1. Allow development of up to 120 single family lots and dwelling
units (rather than 300 mobile home units) within the portion
of the overall project owned by Sable Trace. Although the
project developer is Sable Trace, the subdivision project is
to be known as "Sabal Trace".
2. Reduce the total number of residential units allowed within
the overall project from 1,448 (mobile homes) to 1,283 (1,163
mobile homes plus 120 single family homes).
3. "Update" the estimated overall project build -out date from
1984 to 2005.
Approval of the NOPC request is necessary to accommodate Sabal
Trace's plans to develop a portion of the overall project as a two
phase single family subdivision (see attachment #3).
CONSIDERATION OF THE REQUEST:
Pursuant to FS 380.06 which governs DRIB, the county may determine
that the request does not constitute a substantial deviation and
may be treated as a proposed change or "minor amendment". As a
minor amendment, a change in an approved D.O. can be made by the
Board of County Commissioners without official approval from the
Regional Planning Council.
�In accordance with LDR section 916.05(1), the Planning and Zoning
Commission considered the request at its December 9, 1993 meeting.
The Planning and Zoning Commission recommended 4-2 that the Board
of County Commissioners make a finding that the NOPC request does
not constitute a substantial deviation and that the Board approve
the request by adopting a D.O. resolution that incorporates the
,D.O. conditions recommended by staff (see attachment #4).
The Board is now to consider the request, and make a finding as to
whether or not .the request constitutes a substantial deviation and
approve, approve with conditions, or deny the request.
ANALYSIS:
*Determination: Not a Substantial Deviation
F
0Dnnty,:. Department of .:,Community Affairs ajDCA!`'; and Treasure Coast
Regional Planning Council (TCRPC) staff have reviewed the request
pursuant to FS 380.06 and have indicated that the requ6st does not
constitute a substantial deviation because the applicant has
demonstrated that the project will have no unacceptable level of
service impacts on area roadway links, that overall project density
will be decreased and that project impacts will likely decrease,
and that housing meeting building code standards will be developed
In lieu of mobile home housing (see attachment #5). Therefore,
staff concludes that the applicant has adequately rebutted any
presumption that the request constitutes a substantial deviation
and that the request may be treated as a minor amendment. Thus,
all staff analyses indicate that the county should find that the
request does not constitute a substantial deviation.
16
_ M
*General Effect of the Request
The request decreases the project's residential unit development
potential and updates project completion dates. Also, the request
modifies the overall project's "Master Development Plan" in that
the Sabal Trace property will not be interconnected with either the
existing Countryside South mobile home park development to the
north or with the undeveloped, vacant portion of the overall
project to the south and east. Thus, Sabal Trace will separate the
existing overall project mobile home development from the vacant
portions of the overall project (see attachment #6).
*Zoning Requirements
Currently the Sabal Trace site (phases 1 & 2) is zoned RMH-8. To
accommodate the applicant's plans for single-family subdivision
development, the property needs to be rezoned to RS -6. At this
time, the applicant has applied only to rezone phase 1 of the
project site. To ensure that each phase of the project is properly
zoned prior to approval and development, the D.O. must include a
condition requiring the rezoning of each project phase prior to
subdivision preliminary plat approval for each phase.
*Buffer Requirements
As described in staff's report to the Planning and Zoning
Commission on the Sable Trace rezoning request, a landscape buffer
between mobile home development and lower density residential
development is required by the county's LDRs (40' wide Type "B"
buffer). In regards to the Sabal Trace project proposal, such a
buffer must be provided by the applicant between the Sabal Trace
development and the existing mobile home development immediately
north and west of the Sabal Trace site. To ensure that the buffer
will be provided by the applicant, the D.O. must include a
condition requiring the buffer.
*Traffic Impacts
The request updates the estimated project build -out date from 1984
to 2005. In conjunction with the request to extend the project
build -out date, a traffic analysis update was performed which
demonstrates that the .major roadways 'impacted by the overall
project, taking into account the applicant's requested changes,
would operate.. at acceptable levels of service through the project's
new build -out date of 2005. Staff of TCRPC; DCA, and the county
have accepted this analysis. As with other DRI D.O.s, staff
recommends that the Village Green/Countryside D.O. include a
condition that no building permits will be issued for the project
beyond the traffic.. analysis date .(2005) unless and until the
traffic_analysis-Is-apdated.
County staff have specifically required the applicant to address
two "local" traffic issues which do not fall under the purview of
DCA or TCRPC. These issues are:
A. The need for a left turn lane and a right turn deceleration
lane for the project's 82nd Avenue entrance.
B. The need for a roadway connection to 12th Street (occurring in
phase two of the Sabal Trace project).
Based upon traffic analysis provided by the applicant and by
applying LDR Chapter 952.12(10)(h) turn lane requirements, Public
Works staff recommends that the D.O. include a condition requiring
17
BOOK
JAN 4 1994.
800K 91 F�GE 3 0
turn lanes for the 82nd Avenue entrance when phase 2 of the Sabal
Trace project is developed (see attachment #7).
Furthermore, Public Works and Emergency Services staff recommend
that phase 2 of the Sabal Trace project include a paved roadway
connection to 12th Street rather than a dead end cul-de-sac (see
attachment #7 & #8). Based upon LDR Chapter 913.07(4)(H)(1)b. &
c., 913.09(3)(c)4. and 913.09(3)(D) which address secondary access,
emergency access, and dead end cul-de-sac length issues, it is
staff's opinion that a paved roadway connection from the project to
12th Street or to an adjacent project that directly connects to
12th Street should be required via a D.O. condition (see attachment
#9). Such a condition would ensure adequate secondary and
emergency access for the Sabal Trace subdivision and would
eliminate development of a ±3,700' long dead end cul-de-sac
roadway.
Subject to the previously referenced zoning, buffer, and traffic
conditions, staff has no objection to approval of the NOPC request.
Staff's proposed D.O. resolution (see attachment #10) incorporates
the following "conditions":
A. That prior to subdivision preliminary plat approval of any
project phase, the applicant shall apply for and obtain
rezoning of the phase to an appropriate residential single
family zoning district.
B. That in conjunction with the development of the Sabal Trace
subdivision project, the developer shall provide along the
northern and western boundary of the project the buffer that
is required by the LDRs to be provided between mobile home
development and lower density residential development.
C. That no building permit(s) shall be issued for the project
beyond the traffic analysis date (2005) unless and until the
traffic analysis is updated.
D. That phase 2 of the Sabal Trace project shall be designed and
constructed to provide a paved roadway connection to 12th
Street or to an adjacent project that directly connects to
12th Street.
E. That phase 2 of the Sabal Trace project shall be designed and
constructed *to provide a left turn.. lane and a right turn
deceleration lane at the project's 82nd Avenue entrance. Said
turn lanes shall meet or exceed county standards. As an
alternative to providing the turn lanes, the applicant may
provide to the county at the time of phase 2 preliminary plat
approval an updated traffic analysis that addresses the need
lor the turn. lanes.._. If the- updated arialysis is acceptable to
the county -traffic engineer, and if the analysis demonstrates
that no turn lanes are needed under county traffic LDRs, then
no turn lanes shall be required.
Thus, in staff's opinion, the proposed resolution contains all of
the appropriate D.O. conditions recommended by staff and the
Planning and Zoning Commission.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners:
1. Determine that the NOPC request
substantial deviation.
18
does not constitute a
a II
� � �
��
��%•
���� �•
'� �, � I
__ _ ----
2. Adopt the attached resolution amending the Village
Green/Countryside D.O. to allow the changes described in the
NOPC request and this report, with conditions as described in
this report.
Planning Director Stan Boling directed the Boards attention
to an overhead graphic of the subject area. He asked that the
following letter be placed in the record:
STATE OF FLORIDA
DEPARTMENT OF COMMUNIT
2740 CENTEItVIEW DRIVE • TALLA,HASSEE, FL
LAWTON CHILES
Governor
December 27, 1993
Mr. Robert Keating
Planning and Development Director
Indian River County
1840 25th Street, Suite N-158
Vero Beach, Florida 32960
0 0
LINDA LOOMIS SHELLEY
Secretary
RE: ADA -1081-020; Village Green West and South DRI;
Substantial Deviation Determination
Dear Mr. Keating:
Mr. James W. Young has filed revisions to the notification
of proposed change (NOPC) with the Department requesting changes
to the master development plan for Village Green West and South
(a/k/a Countryside North and South, and Sabal Trace) development
of regional impact (DRI). In a letter dated November 4, 1993, I
advised you that the Department would be participating in the
public hearing for the Village Green West and South DRI. In our
continuing investigation, we have reviewed additional information
and revisions to the NOPC to extend the buildout date for the
entire DRI to December 31, 2005 submitted by the applicant. The
revisions to the NOPC, the revised traffic analysis, and the
revised proposed development order language adequately address
all of the Department's concerns. ThereforQ, the Department has
no further objections to the proposed changes to the Village
Green West and South DRI NOPC and will not participate in the
public hearing to discuss the proposed changes.
If you have any questions or comments concerning this
matter, please call Brenda Winningham or me at (904)488-4925.
incerely,
J Nomas Beck, Ch I
Bur au of State P ann g
19
JAN 4 1994 BOOK
F,
JAN 4 1994
BOOK 71 Fps 3S
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
public hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 94-2, amending the development order
(D.O.) approved by the Board of County Commissioners
for the Development of Regional Impact (D.R.I.)
project formerly known as Village Green West and
Village Green South, now known as Countryside North
and Countryside South, as recommended by staff.
RESOLUTION NO. 94-
V51
RESOLUTION OF THE BOARD OF COUNTY dbMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA AMENDING THE DEVELOPMENT ORDER
(D.O.) APPROVED BY THE BOARD OF COUNTY COMMISSIONERS FOR
THE DEVELOPMENT OF REGIONAL IMPACT (D.R.I.) PROJECT
FORMERLY KNOWN AS VILLAGE GREEN WEST & VILLAGE GREEN
SOUTH, NOW KNOWN AS COUNTRYSIDE NORTH & COUNTRYSIDE SOUTH
WHEREAS, pursuant to the provisions of Chapter 380 Florida
statutes, the Board of County Commissioners of Indian River County,
Florida has adopted Resolution 81-59 (adopted August 19, 1981)
establishing the Development Order (D.O.) and approving the
Development of Regional Impact (DRI) for the project formerly known
as Village Green West & Village Green South, now known as
Countryside North and Countryside South; and
WHEREAS, one of the project developers, Sable Trace of vero Beach,
L.P., has formally applied for and has agreed to certain changes to
the development approval relating to the Master Development Plan
and establishing a new build -out date for the overall D.R.I.
project; /and
WHEREAS,the proposed changes will result in a decrease in
residential units to be constructed within the overall D.R.I.
project;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Indian River County, Florida that:
1. The Board of County Commissioners finds that the proposed
changes to the DRI plan, the build -out date, and to the D.O.
do not constitute a substantial deviation pursuant to Chapter
380 of the Florida Statutes.
2. The notification of proposed'thange application and materials
submitted on behalf of the developer, along with subsequent
and related staff and applicant correspondence are hereby
incorporated by reference into the Application for Development
Approval (ADA) for the project.
3. All conditions and restrictions specified in the project
Development Order (Resolution 81-59), shall remain in full
force and effect.
4. The Master Development Plan as shown in Exhibit 12-2 (Revision
1) attached, is hereby added to the project and approved for
residential and commercial development, subject to paragraph
14 of this resolution. _.
5. The build -out date for the overall DRI project is hereby
established as December 31, 2005. The termination date for
the overall DRI project is hereby established as December 31,
2010.
20
RESOLUTION NO. 94-_2_
6. The annual reporting date, which is the responsibility of all
property owners within the DRI, is August 19th of each year.
Contents of the report are to include those items required in
Florida Administrative Code Rule 9J -2.025(7)(a -j). The annual
report shall be submitted to:
a. Florida Department of Community Affairs
b.. Indian River County Board of County Commissioners
C. Treasure Coast Regional Planning Council
d. Florida Department of Environmental Protection
e. St. Johns River Water Management District
7. The termination date is established as the date until which
local government agrees that the approved DRI shall not be
subject to down -zoning, unit density reduction, or intensity
reduction, unless the local government can demonstrate that
substantial changes in the conditions underlying the approval
of the development order have occurred, or that the
development order was based on substantially inaccurate
information provided by the developer, or that the change is
clearly established by local government to be essential to the
public health, safety, or welfare.
8. The present owners of record of the land within the DRI
consist of:
Countryside North:
Ellenburg Capital Corporation
5550 Southwest Macadam Ave., Suite 200
Portland, Oregon 97201
Countryside South:
Mr. & Mrs. James J. & Margaret W. Haegerty and
Mr. & Mrs. J. Harold & Barbara M. Chastain
41 Tidy Island Boulevard
Bradenton, FL 34210
Sabal Trace:
Sable Trace of Vero Beach, L.P.
4452 Powers Road
Atlanta, GA 30327
Southeast Corner:
South Indian River County Fire District
Post Office Box 1028
Vero Beach, FL 32961-1028
Remainder of Southeast Corner:
Indian River Memorial Hospital
1000 36th Street
Vero Beach, FL 32960
9. There will be 1,163 mobile home units and 120 single family
homes for a total of 1,283 residential units which is a
reduction of 165 units from the original 1,448 units approved
for the residential portion of the project.
10. The. water treatment area at the northwest corner of Village
Green South (VGS), presently Countryside South (CS) was
eliminated and two lots were added. Water for VGS (CS) is
furnished by Indian River County Utilities Department.
11. The sewage treatment plant to be located at the southwest
corner of VGS (CS) was eliminated and replaced with lots and
a storage area. Sewage from VGN (CN) and VGS (CS) is pumped
to the Indian River County Sewage Treatment Plant.
21
JAN 41994 BOOK 91 Fv.G F 383
JEAN 4 1994 BOOK 91 PAGE')84
RESOLUTION NO. 94- 2
12. No building permit shall be issued for development within the
overall DRI project after December 31, 2005 unless a traffic
study for the project is conducted by the developer and is
approved by Indian River County, the Florida Department of
Transportation, and the Treasure Coast Regional Planning
Council. The study shall identify the improvements and timing
of those improvements necessary to maintain adopted levels of
service on the impacted transportation network, and shall
propose an improvements program that is acceptable to Indian
River County, Florida Department of Transportation, and the
Treasure Coast Regional Planning Council.
13. The legal description of the overall DRI project is contained
in Exhibit "A", attached. The legal description of the Sabal
Trace project portion of the overall DRI project is contained
in Exhibit "B", attached.
14. Local government conditions related to the Sabal Trace portion
of the.overall DRI project are as follows:
A. Prior to subdivision preliminary plat approval of any
Sabal Trace project phase, the applicant shall apply for
and obtain rezoning of the phase to an appropriate'
residential zoning district.
B. In conjunction with the development of the Sabal Trace
subdivision project, the developer shall provide along
the northern and western boundary of the Sabal Trace
project the buffer that is required by the county land
development regulations (LDRs) to be provided between
mobile home development and lower density residential
development.
C. Phase 2 of the Sabal Trace project shall be designed and
constructed to provide a paved roadway connection to 12th
Street or to adjacent property that is directly connected
to 12th Street via a paved roadway.
D. Phase 2 of the Sabal Trace project shall include the
design and construction of a left turn lane and a right
turn deceleration lane at the project's 82nd Avenue
entrance. Said turn lanes shall meet or exceed county
standards. As an alternative to providing the turn
lanes, the applicant may provide to the county at the
time of Sabal Trace phase 2 preliminary plat review an
updated traffic analysis that addresses the need for the
turn lanes. If the updated analysis is acceptable to the
county traffic engineer, and if the analysis demonstrates
that no turn lanes are needed under county traffic LDRs,
then no turn lanes shall be required.
The foregoing resolution was offered by Commissioner
Fquprt and the motion was seconded by Commissioner
Rini , and, upon being put to a vote, the vote was as
follows:
Chairman John W. Tippin Aye
Vice Chairman Ken Macht
Commissioner Fran B. Adams
Commissioner Richard N. Bird
Commissioner Carolyn K. Eggert
22
Aye
Aye
Aye
Aye
M
RESOLUTION NO. 94-.9_
This Chairman thereupon declared the resolution duly passed and
adopted this 4 day of January , 1994.
INDIAN RIVER COUNTY COMMISSIONERS
INDIAN -RIVER COUNTY, FLORIDA
CHA John W..Ti n
.__,
ATTEST:
Jeffrey, Barton, County erk
,may. , i�Gf�' G���r`-/
el.
APPROVED AS TO PLANNING MATTERS:
mow, 444�5 PAt
Robert M. Kea ng, AICP
APPROVED AS TO FOktM AND LEGAL SUFFICIENCY:
William G. Collins
Deputy County Attorney
SOLID WASTE DISPOSAL DISTRICT - FRANCHISE AND RECYCLING CONTRACT
CHANGES
Chairman Tippin announced that this agenda item is a Solid
Waste Disposal District Public Hearing and that the Board would now
temporarily adjourn to sit as the Board of Commissioners of the
Solid Waste Disposal District. Those Minutes are being prepared
separately.
Upon motion duly made, seconded and carried, the meeting was
temporarily adjourned at 9:25 a.m.
The Board reconvened at 9:50 a.m.
23
BOOK
JAN 4 1994 9� F�;.. 3
JAN 4 1994 BOOK
APPROVAL OF ADDITIONAL TELEPHONE DEVICE FOR THE DEAF (TDD)
ASSOCIATED EQUIPMENT FOR B911 PUBLIC SAFETY ANSWERING POINTS AND
THE COUNTY EMERGENCY OPERATIONS CENTER
The Board reviewed the following memo dated December 17, 1993:
TO: Board of County Commissioners
THROUGH: Jim Chandler, unty Administrator
FROM: Doug Wright l hector
Department of Emergency Services
DATE: December 17, 1993
SUBJECT: Approval of Additional Telephone Device for the
Deaf (TDD) - Associated Equipment for E911
Public Safety Answering Points and the County .
Emergency Operations Center
It is respectfully requested that the information contained herein
be given formal consideration by the Board of County Commissioners
at the next regular scheduled meeting.
DESCRIPTION.AND_CONDITIONS:
The Sheriff's Department has formally requested that an additional
Telephone Device for the Deaf (TDD) be purchased for use in the
E911 Communications Center. The Communications Center currently
has one TDD which was purchased approximately two (2) years ago.
Due to the increase in use and the large number of "silent" calls
received at the Center, the additional TDD would assist in handling
the call flow and act as a back-up if a TDD failed to function. It
would also assure compliance with the ADA legislation relating to
the hearing impaired public.
The Communications Center staff has also requested that a TDD
Detector be purchased and installed. This would assist the Center
operators in identifying TDD calls faster and with greater
accuracy. As the Board is aware, legislation requires that
emergency calls be answered within ten (10) seconds and TDD calls
must be answered within twenty (20) seconds by the Communications
Center. The Public Service Commission is now randomly testing for
compliance with the law and fines have been levied for violations.
The TDD Ultratec Superprint ES TDD, FCC Registration Number D8R7IB-
15278-OT-R, is priced at $448.00 and is available through Florida
State Contract #730-300-93-1 with Harris Communications of Eden
Prairie, Minnesota. The TDD Detector is not on state contract and
not available from Harris Communications. The detector can be
purchased through Ultratec at a price of 399.00 plus $10.00
shipping. A total of three (3) TDD Detectors is needed in order to
provide one for each of the two 911 PSAP's and one for the County
Emergency Operations Center.
ALTERNATIVES AND ANALYSIS:
The Americans with Disabilities Act, Chapter 427 and Chapter 165,
Florida Statutes, as well as the Florida State Communications Plan
requires that persons with hearing or speech impairments have
access to telecommunications systems and services the same as other
individuals.
24
The additional equipment will assist in precluding a call for
emergency assistance from a hearing impaired person being delayed
or not answered. The current policy is that all "silent line"
calls are assumed to be a TDD call and they are handled
accordingly.. However, during extremely busy times, it is possible
for a silent line call from a hearing impaired person not be
recognized immediately. The TDD Detectors will provide a signal to
the 911 Call Takers that a TDD call is incoming and it can be
timely handled and the appropriate emergency assistance dispatched
quickly.
RECOMMENDATION:
Staff recommends the Board authorize the purchase of one TDD and
three (3) TDD Detectors from the appropriate vendors noted above
for use in the 911 PSAP's and the County Emergency Operations
Center for a total expenditure of $1,675. Funds for the purchase
of this equipment is available in the Communications Center budget
in account No. 133. Staff also recommends that the Board authorize
the necessary budget amendment for funds to be expended for the
equipment.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously authorized
the purchase of Telephone Devices for the Deaf (TDD)
at a total cost of $1,675, as set forth in the
staff's recommendation.
INDOOR AIR QUALITY - COUNTY ADMINISTRATION BUILDING
General Services Director Sonny Dean commented from the
following memo dated December 27, 1993:
DATE: DECEMBER 27, 1993
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
`G�%
DEPARTMENT OF GENERAL SERVICES
SUBJECT: INDOOR AIR QUALITY - COUNTY ADMINISTRATION BUILDING
BACKGROUND:
At a regular meeting on November 2, 1993, the Board authorized staff
to negotiate an amendment to the present contract with Gee and Jenson
for Indoor Air Quality (IAQ) consulting services. The additional
services was to investigate and report on the HVAC systems of the
County Administration Building as per a scope of work prepared by
staff. A copy of that scope is attached for perusal.
The contract is divided into four (4) phases:
25
j6, JAN
41994 BOOK 91 F9Gc.317
SAN 4 1994
BOOK 91 PAGE -398
Phase I - Study and report on the existing physical conditions
of the existing air handling units and an analysis of the
ability of these.systems to maintain suitable conditions in the
building. Provide information as to maximum capability of units
vs.recommended guidelines and protocol of recognized standards.
Phase II - Recommendations and schematics to provide design and
cost estimates to perform renovations to the existing air
handling systems.
Phase III - Provide plans, details, and specifications to allow
the County to bid the remedial work.
Phase IV - Construction Administration to review shop drawings
and observe construction progress and completion.
The specifications call for Phases I and II to be completed and
authorization.be provided -for prior to proceedinq:on with Phases III
and.IV.
Staff has negotiated a contract with -Gee and Jenson to complete the
first two phases based on their actual expenses, employee time and
,material at a _ fixed. sate. ; They provided. a. not to exceed price of
RECOMMENDATIONS•
It is recommended that the Board approve an amendment to Gee and
Jenson's contract at a cost not to exceed $10,750.00 and authorize
their chairman to execute the applicable documents.
Commissioner Adams agreed
building's entire air handling
that we should include the
system in the study. She asked
whether we have any idea how much Phases 3 and 4 will cost.
Director Dean explained that we cannot make that determination
until the consultants complete their study.
MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Bird, to approve an amendment to the
County's contract with Gee and Jensen to provide
consultant services at a cost not to exceed $10,750,
as set forth in staff's memorandum.
Under discussion, Commissioner Eggert commented that a charge
of $55 per hour for typing services seems excessive.
Commissioner Macht pointed out that the company included
overhead and administrative expenses in that figure.
Commissioner Adams asked whether the ductwork in the Utilities
Department and the conference room is leaking, because a number of
ceiling tiles in the Utilities Department and the conference room
were replaced about a month ago, and the new ones are discolored
already.
Director Dean explained that staff is recommending that we
delay making any additional repairs until the consultant's study is
completed.
26
Commissioner Adams felt that staff should continue to replace
ceiling tiles and repair existing leaks, especially in those areas.
William Koolage, 11 Vista Gardens Trail, stated that he spent
a couple of days at the office of the Supervisor of Elections and
nearly froze, and he felt that it frequently is too cool in
Chambers. He stressed that it would save the County money on air
conditioning costs if the temperature in the building was kept a
little higher.
Commissioner Eggert commented that it seems to be difficult to
keep the temperature adjusted, because sometimes it is too warm and
other times it is too cold. She pointed out that we must be
careful not to let temperatures get too warm because it could cause
problems with the computers.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
AMENDMENT NO. 1 TO CONSULTANT AGREEMENT
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
EMPLOYEE HEALTH CARE PLAN CONSULTANT
The Board reviewed the following memo dated December 28, 1993:
TO: James Chandler, County Administrator
FROM: Jack Price, Personnel Director
DATE: 28 December 1993
SUBJECT: Employee Health Care Plan Consultant
In 1990 the Board of County Commissioners authorized a complete review and revision,
if necessary, of the employee health care plan. The purposes were to continue to provide
competitive coverage for employees and to do so in the most cost effective manner.
The plan redesign which was effective in October, 1991, focused'the employee treatment
patterns on Preferred Provider Organizations who discounted their fees in exchange for
an anticipated greater volume of business. This approach has been helpful in the
accomplishment of the health care objectives.
With your approval, 1994 was set as the period during which another comprehensive
review of the plan would be conducted with the same dual objectives: competitive
coverage and effective cost controls.
An RFP for consultants drew proposals from Siver Insurance Management Consultants
of St. Petersburg, Stanford & Co. of Safety Harbor, Waters Risk Management of
Seminole, Towers Perrin of Tampa, and Coopers & Lybrand of Tampa. The proposals
were reviewed by the health care committee, comprised of Ann Rankin, Personnel; Beth
Jorma, Risk Management; Joe Baird,. County Budget Officer; and me.
27
IAN 4 1994 BOOK 91 �acF 9
r�99�
JAN 4
MR. 91 39®
The committee ranked the firms in the following order.
1. Siver Insurance Management Consultants
2 Stanford & Co.
3. Towers Perrin
The committee recommends that Siver Insurance Management Consultants be approved
for this task. The bid cost is $16400. The amount budgeted for this purpose is $20,000.
Thanks for your assistance.
Approved By
J7'"
Chandler, Co my Administrator
Meeting Date: January 4, 1994
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously approved
the selection of Siver Insurance Management
Consultants to perform a comprehensive review of the
employee health care plan at a total cost of
$16,400, as recommended by staff.
CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
REQUEST FOR PROPOSALS - MURPHY DEED RESERVATIONS ALONG COUNTY ROADS
The Board reviewed the following memo dated December 17, 1993:
TO:
FROM:
SUBJECT:
REF. MEMO:
DATE:
James E. Chandler,
County Administrator
James W. Davis, P.E.,
C)Sl-
Public Works Director
RFP - Murphy Deed Reservations along County
Roads
T.P. O'Brien to James Davis dated
Dec. 10, 1993
December 17, 1993 FILE: RMAM
DESCRIPTION AND CONDITIONS
During the 1993/94 Budget hearings, the Board approved funding in the amount
of $20,000 to research Murphy Deed Reservations along County Roads which were
previously on the State Road System. The attached RFP has been prepared to
request proposals from title companies to perform the title search work.
RECOMMENDATIONS AND FUNDING
Staff recommends that staff be authorized to advertise the attached RFP.
Funding to be from the Transportation Fund - Engineering Division Account
111-244-541-033.19.
28
J
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously
authorized staff to advertise a request for
proposals (RFP) to provide a sketch and other
documentation showing right-of-way that results from
deed reservations in Murphy Act lands in Indian
River County, as recommended by staff.
VERO LAKE ESTATES - REQUEST FOR GRADING 106TH AND 105TH AVENUES
The Board reviewed the following memo dated December 17, 1993®
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Request for Grading 106th Avenue and 105th
Avenue in Vero Lake Estates
REF. LETTERS: 1) Danny Collins, Kathleen Russell dated Nov. 19, 1993
2) Mr. & Mrs. Hunter dated Oct. 12, 1993
DATE: December 17, 1993 FILE: 1056106.AGN
DESCRIPTION AND CONDITIONS
During the regular May 15, 1991 meeting of the Board of County Commissioners,
staff recommended that the County assume grading of approximately 13 miles of
additional unpaved roads in the Vero Lake Estates Subdivision. Various roads
have been added since that time with the approval of the Board.
At this time, various property.owners along 106th Avenue between 81st Street
and 83rd Street and 105th Avenue between 88th Street and 89th Street have
requested that the County grade 106th Avenue and 105th Avenue in Vero Lake
Estates Subdivision.
ALTERNATIVES AND ANALYSIS
Staff has reviewed these requests and performed the standard numerical
evaluation of criteria for acceptance of grading unimproved roads. Staff
usually recommends that a minimum of 75 points be assigned to justify
grading. In this case, a minimum of 75,.points was assigned.
RECOMMENDATIONS AND FUNDING
Since the minimum of 75 points was met, staff recommends the addition of
106th Avenue between 81st Street and 83rd Street and 105th Avenue between
88th Street and 89th Street be added to the grading route in Vero Lake
Estates.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously added
106th Avenue between 81st and 83rd Streets and 105th
Avenue between 88th and 89th Streets to the grading
route in Vero Lake Estates, as recommended by staff.
Fes]
JAN 41994 Boos
I
F,
JA.N 41.994
BOOK 91 PAUrE -392
FINAL PAYMENT - VERO LAKE ESTATES DRAINAGE STUDY
The Board reviewed the following memo dated December 27, 1993:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.
Public Works Director
SUBJECT: FINAL PAYMENT - VERO LAKE ESTATES DRAINAGE STUDY
DATE: December 27, 1993 FILE: vr,E WAL.aax
DESCRIPTION AND CONDITIONS
In • 1987, Beindorf • Associates,• a division • of Kimley-Horn • &
Associates, was retained by the Board of County Commissioners to
perform a Master Drainage Plan for the Vero Lake Estates
Subdivision for the total authorized fee of $76,625. In September
1990, the Board approved the prelimary drainage study and the
county authorized.the consultant to begin the Final Design. The.
Master Drainage Plan was received from Kimley-Horn in November of
1992. The project is 100% complete as of November 30, 1993 and
Kimley-Horn is now requesting the retainage fee of $7,663.12
RECOMMENDATIONS AND FUNDING
Staff recommends payment of the retainage fee in the amount of
$7,663.12 from Vero Lake Estates MSTU fund.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously authorized
release of retainage in the amount of $7,663.12 to
Kimley-Horn & Associates, as recommended by staff.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT - 4TH STREET WIDENING
PROJECT FROM WEST OF US -1 TO 500 FEET WEST OF OLD DIXIE HIGHWAY
The Board reviewed the following memo dated December 27, 1993:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
SUBJECT: Professional Engineering Services Agreement
4th Street Widening Project from West of
US 1 to 500' West of Old Dixie Highway
DATE: December 27, 1993 fin48'P.agn
DESCRIPTION AND CONDITIONS
The Public Works Department has negotiated a contract with the selected
firm, Keith and Schnars, for the Professional Engineering Services for the
widening of 4th Street as outlined in memorandum dated July 30, 1993 and
approved by the County Commission on August 10; 1993. The proposed
agreement includes the project scope of work. This project will
-compliment the Florida Department of Transportation's project to add
westbound left turn lanes at Indian River Boulevard and U.S. 1.
30
F-7
total fees negotiated for the 4th Street widening is $51,914.00. The
break -down is as follows
PROJECT Estimated- Design Design
Right -of -Way and Fee Fee
Construction Cost Percentage
th Street Widening $1,200,000.00 $51,914.00 4.3%
LTERNATIVES AND ANALYSIS
lternatives are as follows:
Alternative No. 1
Approve the requested $51,914.00 design fee for Keith & Schnars Assoc
Alternative No. 2.
Re -negotiate the contract.
AND FUNDING
recommends approval of Alternative No. 1. Funding will be from
ict 6 Traffic Impact Fee Fund and Secondary Road Trust Fund.
Commissioner Macht questioned paragraph 14.B. of the agreement
here it states that the engineer will charge an additional fee to
attend up to 3 conferences with the County. He felt that those
meetings should be included in the basic contract.
Director Davis explained that meetings with staff and County
review meetings are included in the basic contract. Paragraph
4.B. refers to any extra meetings that might be held between the
engineer and the Board.
Commissioner Adams asked whether Keith & Schnars has an office
in Vero Beach, and Director Davis confirmed that they have a
satellite office in Vero Beach with full-time employees that will
remain in operation during this project.
Discussion ensued regarding travel reimbursement.
Commissioner Macht felt that travel reimbursement should not
be paid to an out-of-town company when there are companies in this
area capable of performing the same work.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board unanimously approved
an agreement with Keith & Schnars Associates in the
amount of $51,941, as recommended by staff.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
31
JAN 1994 BOO fr1uC tJ�
r JAN 4 1994
BOOK 91
FIRE HYDRANT RELOCATION - CR -512 - WORK AUTHORIZATION NO. 17,
DRIVEWAYS. INC.
The Board reviewed the following memo dated December 20, 1993:
DATE: DECEMBER 20, 1993
TO: f JAMES E. CHANDLER
COUNTY ADMINISTRATO
FROM: TERRANCE G. PINT
DIRECTOR OF UTI T S ICES
PREPARED ROBERT O. WISEMEN, P.E V
SAND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
1SUBJECT: FIRE HYDRANT RELOCATION - C.R. 512
i WORK AUTHORIZATION NO. 17
INDIAN RIVER COUNTY BID NO. 4007
On September 21, 1993, the Board of County Commissioners approved the
award of the labor contract bid to Driveways, Inc., Bid No. 4007 (see
attached minutes). The Department of Utility Services proposes to use
this labor contract to relocate three fire hydrants to the northern
portion of C.R. 512.
ANALYSIS
The project consists of relocating three fire hydrants. It involves
the extension of approximately 120 linear feet each of 6 -inch ductile
iron pipe water main, valves, fittings, etc. The fire hydrants are to
be relocated to the northern portion of C.R. 512 to avoid conflict with
the Department of Public Works twin pair.
The cost of the labor to construct the water main under the labor
contract is $3,330.68 (see attached Work Authorization No. 17 with
Driveways, Inc.). The pipe and fittings will be supplied by the County
at a cost of $5,111.32. Funding for this project will be from the fire
hydrant maintenance fund.
RECOMMENDATION
The staff of -the Department of Utility Services recommends that the
Board of. County: Commissioners execute- the attached agreement, which
approves Work Authorization No. 17 to construct the subject project
with Driveways, Inc., for the amount of $3,330.68, to extend an
estimated 360 linear feet of water main, and to authorize expenditure
of $5,111.32.for materials.
MOTION WAS MADE by Commissioner Eggert, seconded by
Commissioner Adams, to approve Work Authorization
No. 17 with Driveways, Inc., in the amount of
$3,330.68, to extend an estimated 360 linear feet of
water main, and authorized the expenditure of
,t $5,111.32 for materials, as recommended by staff.
ti
32
Under discussion, Utility Services Director Terry Pinto
dvised that the placement of the water lines was based on
reformation that was available at that time. He explained that
tility lines sometimes must be relocated because of road widening
rojects that occur after the lines are in place.
Commissioner Bird noted that the narrow right-of-way and the
rainage ditch on the north side of CR -512 made it necessary for
he lines to be placed between the asphalt and the bottom of the
rainage ditch. He commented that the lines will be underneath the
avement after the road is widened, but it was his understanding
hat this will not be a problem.
Director Pinto stated that he prefers for utility lines to be
nderneath the street. He explained that even though the road
arf ace must be repaired whenever work is done on the lines, he
ould rather do that than disturb people's landscaping.
Commissioner Adams asked whether we could charge the cost of
alocating these lines to the road widening project, and Director
into explained that when permission is granted to install utility
ines, there is always a provision in the agreement for the cost of
ay relocation to be paid with utilities rfunds.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
WORK AUTHORIZATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
The Board reviewed the following memo dated December 16, 1993:
33
j6JAN 1994 BOOK 91 F'nE 30
JAN 4 1994 BOOK 9 F'r1GE�
DATE: DECEMBER 16, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT
DIRECTOR OF UTI ITY VICES
PREPARED TERRY H. DRUM
1
AND STAFFED ENVIRONMENTAL SPECIALI
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: REMOVAL OF '200, 000 -GALLON GROUND ..STORAGE TAMC AT"VERG- _
BEACH HIGHLANDS
BACKGROUND
On September 7, 1993, the Board of County Commissioners approved the
purchase of the Vero Shores/Vero Beach Highlands Water and Sewer System
from General Development Utilities, Inc. (see attached minutes). One
of the items obtained in the purchase was a 200,000 -gallon unused water
storage tank. The utility has no need/use for the tank, and removal of
this tank would please the surrounding residents and increase the value
of the property.
ANALYSIS
Upon approval by the Board of County Commissioners, the Department of
Utility Services will contact several contractors to obtain bids for
} the sale and removal of the 200,000 -gallon ground storage tank located
at the old General Development Utilities Water Treatment Plant in Vero
Beach Highlands.
As with past bids for these items, a low bidder turnout is expected.
This is mainly due to the low price of scrap steel in today's market,
along with the cost of dismantling and removal. We estimate the price
for the storage tank at ± $2,000.00.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the process of obtaining quotes
for the sale and removal of the subject storage tank.
Utility Services Director Terry Pinto stated for the record
that it is a 250,000 -gallon rather than a 200,000 -gallon tank.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously approved
the process of obtaining quotes for the sale and
removal of the subject storage tank, as recommended
by staff.
34
STRUCTURAL FAILURE - WEST REGIONAL WASTEWATER TREATMENT PLANT
The Board reviewed the following memos dated December 30 and
December 28, 1993:
DATE: December 30, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTIL SERVICES
SUBJECT: STRUCTURAL FAILURE - WEST REGIONAL WASTEWATER
TREATMENT PLANT
ACKGROUND:
On December 25, 1993, Christmas Day, there was a major structural
failure of the clarifier walls at the West Regional Wastewater
Treatment Plant. The staff, working Christmas day and night, was
able to prevent the wall from totally collapsing by bracing it with
timbers.
ANALYSIS:
The treatment plant is 8 years old, with an expected life of 30
years. The cause of the failure has not been determined. We have
notified the design engineer, Carter Associates, Inc., Williams,
Hatfield, and Stone, and the manufacturer of the treatment plant,
Marolf Company.
Our legal staff has been notified and the engineering firm of Camp,
Dresser & McKee, Inc., with whom we have a continuing contract for
engineering service, has been authorized to perform an independent
evaluation.
RECOMMENDATION:
We request the Board of County Commissioners to authorize the staff
to continue under emergency conditions to repair the structure and
determine liability. At this time, no cost estimates are
available.
DATE: DECEMBER 28, 1993
TO: TERRY PINTO, UTILITIES DIRECTOR
FROM: TERRY SOUTHARD, WASTEWATER SUPERINTBNDENTp
SUBJECT: WEST REGIONAL CLARIFIER WALL PROBLEM
Jim DeGraffenreid was notified by John Mittendorf that the
clarifier guide bracket was broken on the Northeast side. Jim went
and looked over the problem and found that the chain was off the
sprocket, causing the flygt boards to hit the weir support bars.
Jim notified me and after trying to put the chain back on I decided
to pump the clarifier down. I called in our plant mechanic and the
on-call liftstation mechanic, along with the operator from the
Gifford and North County plants to help set up the equipment and
repair the problem.
35
JAN 1994 BOOK 91 P}tiGF397
r JAN 4 1994
BOOK 91 FACE 39877
After the pump was started, the mechanic noticed the walkway on the
South side of the clarifier had dropped lower than the rest of the
walkway. After further inspection, we found the wall was bowed out
a considerable amount. I notified Bill McCain and asked if he
could come look at the problem with the wall. Bill looked at the
wall and started thinking of ways to keep the wall from moving any
more. Jerry Schuckers and Emory Bailes both came up with some good
ideas to keep the wall from shifting further South. We presented
our ideas to Bill and he agreed that the important thing to do
first was to support the wall from the outside. We had some large
poles in stock and Ron Lefebure took charge of a four man crew to
wedge poles against the South wall. Terry Pinto then instructed us
to put poles at the bottom of the wedge poles to keep them from
sinking into the ground. After Ron Lefebure's crew placed eleven
poles in place, Mr. Pinto put Roland McNeal in charge of the
operation. Roland brought in a D-7 dozer and pushed dirt on the
poles to help hold them in place. After the dirt was pushed into
place, the dozer was parked on the sloped dirt to help hold the
poles. During the installation of the wedge poles, Bill notified
Risk Management and the Fire Department of the problem.
The guide rail and chain was repaired and the clarifier drive unit
was operated to check for proper operation. The first time the
unit was tested it worked, but then as the tank was being filled,
the chain started to jam. The pump was placed back into position,
and we started pumping the clarifier out again. During the
inspection of the bottom of the clarifier, several big concrete
rocks were found and a chunk of concrete was wedged in the chain.
The chain had to be broken so that it could be put back on the
lower Northwest sprocket. The drive unit was tested and we began
to fill the tank.
During the time of the repair to the clarifier, we had to store the
raw inflow in our surge tank and spare digester. When both tanks
became full, Ron Lefebure used the Data Flow system to shut down
all the West County liftstations. During this time, six stations
went into high level alarms, but there were no sewer back-ups. As
the clarifier was being filled, the stations with the highest water
level was pumped down first.
The clarifier was full and back in operation by 10:30 p.m.
Operator, Kevin Gibson, worked from 11:00 p.m. to 7:00 a.m. to
watch the clarij!ier operations and pump down the stored .300
gallons. A11'operations were back to normal by 9:00 a.m., Sunday.
Below is a list of the County Wastewater crew that worked on
Christmas day. As you saw for yourself, this is a hard working
crew. When I called and asked them to come in, there were not any
problems or complaints.
Name
Hours Worked
Jim DeGraffenreid
15
Terry Southard
13
Emory Bailes
11.5
Jerry Schuckers
10
Ron Lefebure
10
Tom King
9
Kevin Gibson
8
Jerry Miller
6.5
Terry Foster
6
Kurt Steffen
6
John Mittendorf
4.5
36
Utility Services Director Terry Pinto distributed photographs
of the subject treatment plant. He commended staff for identifying
the problem, because otherwise the entire structure would have
collapsed in a matter of hours. He expressed gratitude to the
employees who worked until late in the evening on Christmas Day
under severe conditions to make the emergency repairs.
Director Pinto was uncertain whether the contractor that built
the plant was still in business. He indicated that the repairs
could cost anywhere from $50,000 to $250,000.
Administrator Chandler echoed Director Pinto's sentiments that
it was very fortunate that our personnel caught the problem and
worked quickly to come up with a solution. He felt that everyone
involved did a remarkable job.
ON MOTION by Chairman Tippin, SECONDED by
Commissioner Bird, the Board unanimously agreed to
spread upon the Minutes of this meeting the
gratitude of the Commission representing all of the
people in this county for the willingness of County
employees to turn out on Christmas Day and work
under the most distressing and difficult conditions
to contain the problem.
MOTION WAS MADE by Commissioner Macht, SECONDED by
Commissioner Eggert, to authorize staff to continue
under emergency conditions to repair the structure
and determine liability, as recommended by staff.
Under discussion, Commissioner Macht asked what will be
involved in correcting this problem.
Director Pinto advised that the design is nearly completed on
an independent plant at that site, and staff will move forward as
quickly as possible with that project. He stressed that everything
possible will be done to keep the current system operational until
construction of the other system is completed. He predicted that
repairing the structure will require rebuilding an internal wall
and removing the entire outside wall and constructing a new one.
Director Pinto then announced that Cindy White resigned from
her position as franchise coordinator and moved to Kansas. He
introduced her replacement, Ana Anderson, and he indicated that we
were fortunate to find someone with utilities experience to fill
the position. Commissioner Adams commented that Ms. Anderson
speaks fluent Spanish.
37
4 1994 BOOK 91 UGE • .99
� , I ffi� Mo
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
ANNUAL RESOLUTION CHANGING SIGNATORY FOR BANKS
eooK 91 FaU 400
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 94-3, directing County depositories to
honor certain authorized signatures on County
warrants and other orders for payment.
RESOLUTION NO. 94- 1
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, DIRECTING COUNTY DEPOSITORIES
TO HONOR CERTAIN AUTHORIZED SIGNATURES
ON COUNTY WARRANTS AND OTHER ORDERS
FOR PAYMENT.
WHEREAS, the Board of County Commissioners of Indian River
County on January 4, 1994, held an election for the offices of
Chairman and Vice Chairman of the Board of County Commissioners;
and
WHEREAS, the County Commission did nominate and select as
Chairman John W. Tippin, and as Vice Chairman Kenneth R. Macht;
and
WHEREAS, Jeffrey K. Barton was elected Clerk of the Circuit
Court of Indian River County effective December 31, 1988, also
serves as a Clerk to the Board of County Commissioners, pursuant to
Section 125.167, Florida Statutes; and
WHEREAS, it is now necessary to reinstruct the County's
depositories as to the signatures necessary to honor County warrants,
checks, or other orders for the payment of money drawn in the
Commission's name,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
that:
38
1. The County Commission has in the past designated certain
Institutions as official depositories of County funds, and such
designations are hereby ratified and affirmed.
2. Each designated depository of the Commission is hereby
requested, authorized, and directed to honor checks, warrants, or
other orders for payment of money drawn in the Commission's name,
including those payable to the individual orders of any person or
persons whose name or names appear thereon, when bearing the
facsimile signature of the Clerk of the Circuit Court, when said
check, warrants, or other orders for the payment of money equals or
does not exceed the sum of three thousand dollars ($3,000) .
3.
If a
check,
warrant, or
other
orders
for the payment of
money
drawn
in the
Commission's
name
exceeds
the sum of three
thousand dollars ($3,000), said designated depositories are authorized °
and directed to honor checks, warrants, or other orders for payment
of money drawn in the Commission's name, only when such check,
warrant,
or
other orders
for
payment
of
money bears
the
facsimile
signature
of
the Chairman
and
Clerk of
the
Circuit Court
and
further
bears the original signature of either the Chairman, Vice Chairman,
Clerk of the Circuit Court, or Deputy Clerk, listed below. Said
actual and facsimile signatures appear below:
(1) Jeffrey K. Barton
Clerk of Circuit Court �
(2) Cynthia Gatt
Deputy Clerk
(3) Mary Louise Scheidt
Deputy Clerk
(4) John W. Tippin
Chairman
(5) Kenneth R. Macht
Vice Chairman
Actual "
A6tual
'� r �
39
JAN 4 1994 BOOK 91
BOOK 91 PAGE -I402
BE IT FURTHER RESOLVED that the above named signatories are
hereby authorized to execute any and all signature cards and
agreements as requested by the respective banking institutions
designated as official depositories by the Board of County
Commissioners of Indian River County; and
BE IT FURTHER RESOLVED that the use of facsimile signatures
is as authorized by Section 116.34, Florida Statutes, the "Uniform
Facsimile Signature of Public Officials Act."
The resolution was moved to adoption by Commissioner
a c ht and the motion was seconded by Commissioner
Adams and, upon being put to a vote, the vote was as
follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K.' Eggert Aye
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 4th day of January, 1994.
BOARD OF COUNTY COMMISSIONERS
Attest: INDIAN RIVER COUNTY, FLORIDA
By
Jeffrey K. Barton, Clef John W. Tippin
Y . ' ��,tiy�� l� • \Chairman
SALARY LEVELS FOR COUNTY ADMINISTRATOR AND COUNTY ATTORNEY
Commissioner Bird recounted that a 25% increase for County
employees, effective January 1, 1994, was included in the budget
for the 1993-94 Fiscal Year. Administrator Chandler and Attorney
Vitunac were not included in that increase, because the County's
contracts with those individuals provide for their increases to be
negotiated with the Board. Commissioner Bird felt that both of
them have done an excellent job during the past year, and he
40
suggested that we give each of them a 2% increase, effective
January 1, 1994, consistent with the increase given to the other
County employees.
Commissioner Adams asked whether this will require a budget
amendment, and Administrator Chandler indicated that sufficient
funds are available in the salary account to accommodate these
increases due to savings in other areas. For example, the position
of Administrative Assistant to the County Administrator is vacant
at this time.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
a 2% increase for Administrator Chandler and
Attorney Vitunac effective January 1, 1994.
HABITAT HUMANITY REQUEST
The Board reviewed the following memo and attachment from Bill
Elliott, representing Habitat for Humanity:
S grS,�,t /.v ,ryas . /•ox_.. /N['�iVT/�!,E .... __.—
aAs/ t n i, .c .. too riiH�c.�.cs
-NV!
J 1. p
-
At/4
rep r
. II
!!}_.'�L..!4_..�'/�S"Ar.-4, � n.TrV+4�'_
41
JAN � 4 1994
goaX 91 FaE 403
� J
R
TO QUALIFY AS A SPONSOR,
YOUR ORGANIZATION IS
REQUIRED TO MEET THE
FOLLOWING CRITERIA:
■ Bea non-profit corporation or
a unit of state or local government.
■ Have a project to construct,
improve, or substantially rehabili-
tate housing, commercial, indus-
trial, or public facilities, or to pro-
mote entrepreneurial or job devel-
opment opportunities.
■ Be willing to receive contribu-
tions from eligible.corporate do -
!r m
P ■ Be located in one of the follow-
ing areas:
• A slum and blighted area, as de-
fined in Section 163.355, Florida
Statutes
• A Neighborhood Housing Serv-
ices Area
• An Historic Preservation District
• An Enterprise Zone
• A Community Development
Block Grant (CDBG) target area
• A Conservation Community
(among the 20 percent most dis-
tressed in the state). The Depart-
ment of Community Affairs has a
list of qualifying areas.
• A Housing Authority site
How TO BECOME -
A COMMUNITY
CONTRIBUTION
TAX INCENTIVE
SPONSOR
• An Urban Development Action
Grant (UDAG) "pocket of pov-
erty" area '
• A Housing and Urban Develop-
ment (HUD) "area of chronic eco-
nomic distress"
TO BECOME A SPONSOR, YOUR
ORGANIZATION SUBMITS A
PROPOSAL TO THE DEPART-
MENT OF COMMUNITY AFFAIRS
CONTAINING THE FOLLOWING
INFORMATION:
■ A copy of your organization's
by-laws, articles of incorporation,
charter, or other documentation of
non-profit status.
BOOK 91 PAGE 404
■ A project narrative describing
the eligible activity and listing the
types of contributions to besought
and their intended use.
■ Documentation of the eligibil-
ity of the area. This can be a map
showing the eligible area and an
approval letter documenting the
area as eligible.
■ "'A resolution from the local
government stating that the proj-
ect is consistent with local plans
and regulations.
Once your project has received
written approval from the Depart-
ment of Community Affairs, you
may begin accepting eligible con-
tributions. Project approval ex-
pires June 30 of each year. A spon-
sor must be recertified for each
subsequent year of eligibility.
M
r
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously agreed to
provide a letter of support stating that the plans
of Habitat for Humanity are consistent with County
plans and regulations.
42
_I
OWNERSHIP OF ABANDONED DUBOSE CEMETERY IN GIFFORD
The Board reviewed the following memo dated December 28, 1993:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien, Assistant County Attorney
DATE:. December 28, 1993
RE: OWNERSHIP OF CEMETERY IN GIFFORD
BACKGROUND
There is an abandoned cemetery in Gifford located north of 45th
Street between 28th Court and 29th Avenue near Middle Sixth and
Middle Seventh. Several months ago Commissioner Eggert asked this
office for a report on the ownership of this land.
Recently, I have been contacted by G. Russell Petersen, . Attorney for
the School Board, as to ownership of the property as the School Board
may have an interest due to the proximity of the land to the schools..
Several days ago Commissioner Adams expressed an interest in the land
and possible County uses.
In view of the several interests, staff feels that the matter should be
reviewed by the full Board and direction given to the staff as how to
proceed.
HISTORY OF OWNERSHIP
The record title holder of the above described property is shown as the
Vero Beach Cemetery Association, Inc., a corporation not for profit. A
search of Florida corporate records does not show this as viable
corporation or any past history as a corporation. The Vero Beach
Cemetery Association Inc. obtained title from Vero Beach Burial Park
Inc. by deed dated July 7, 1941. Vero Beach Burial Park obtained title
from Florida Burial Park Inc. by deed dated February 15, 1929. There
Is no record of a Vero Beach Burial Park Inc. in the corporate records
of the state of Florida. Florida Burial Park Inc. appears to have been
dissolved December 14, 1936.
In order to trace the history, the following table may be easier to
follow than the narrative above.
Florida Burial Park, Inc. - Root of Title
to
Vero Beach Burial Park, Inc. - Deed February 15, 1929
to
Vero Beach Cemetery Association, Inc. - Deed July '7, 1941
The 1941 Quitclaim deed from Vero Beach Burial Park to the Vero Beach
Cemetery Association list as trustees of the Vero Beach Burial Park
Company J.C. DuBose, A.E. DuBose, and O.L. DuBose. There are no
references available as to the officers or directors of the current record
title holder Vero Beach Cemetery Association Inc. or that it ever
existed as a corporation.
Because of the declared not for profit status that attached to this
property it has never been on the tax roles. Therefore, the usual
situation where abandoned property gets sold for taxes does not apply
here.
43
JAN 4 1994 BOOK 91 Ft4jc. 495
Fr_
JAN 4 1994 BOOK 91 FACF 406
LEGAL TITLE
It appears that there is no one that can claim ownership to the
property. Further, under Section 95.12, F.S., no action to recover
real property or its possession shall be maintained unless the person
seeking recovery was seized or possessed of the property within seven
years before the commencement of the action. The cemetery apparently
has been abandoned for many years so that there is no person eligible
to seek possession.
Courses of Action
L Pursuant to Section 497.071, Florida Statutes, the County
could take over the abandoned cemetery and maintain the property.
The County could then place on the public records its notice of intent
to maintain the cemetery and to take title pursuant to Chapter 95, F.S..
2. Pursuant to Section 497.071, F. S . , the County could take
over the abandoned cemetery and maintain the property. At any time
after taking possession, the County could quit -claim all or a portion of
the cemetery to the School Board. The School Board would therefore
have possession of the property under color of title.
3. Do nothing.
Commissioner Eggert explained that this item was to have been
included on the agenda for next week's meeting, but things are
happening so quickly that she decided to put it on the agenda
today. It has been reported that people are drinking alcohol and
using drugs on the property. Since nobody is claiming ownership,
she suggested that the County take over the cemetery as abandoned
property. In the meantime, a suggestion has come to use part of
the property for a creative playground under the leadership of the
Community Oriented Police Enforcement (COPE) program. Commissioner
Eggert recounted that creative playgrounds were built by members of
the community in Sebastian and in Vero Beach. She stressed that
the creative playground in Sebastian cost about $80,000, so this is
not something to be taken lightly. She felt it would be a good
idea to discuss the use of this property with the School Board, but
she would like to see the front 3 acres set aside for a creative
playground and a Martin Luther King memorial. She asked for the
Board's conceptual approval to go forward with taking over the
property. She indicated that the cemetery will be searched for
bodies tomorrow and if any are found they will be relocated.
Administrator Chandler reported that he discussed the property
with Dr. Gary Norris, superintendent of the School District, who
indicated that the School Board has an interest in the entire 10 -
acre site.
Attorney Vitunac asked for the Board's direction on publishing
notices in the newspaper saying that the County is claiming title
and putting up signs stating that the County is asserting control
over the property.
44
MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Eggert, to direct the County Attorney
to do whatever is necessary to claim the property,
and to direct staff to continue discussions with the
School Board.
Under discussion, Attorney Vitunac advised that it will take
7 years to get a good title to the property. Any improvements made
during those 7 years would be at risk.
Commissioner Bird felt it would be exciting for the community
to put a playground in Gifford, and that it would be logical to
build it at that location near the schools. However, he would like
some additional input from the people in the community about
whether they would rather have the playground there or in Gifford
Park. His feeling was that it might be better to make it part of
Gifford Park. He cautioned the Board to keep in mind that all of
this is going to cost money. He was also concerned about possible
problems that might be encountered as far as removing the bodies is
concerned.
Commissioner Adams got the impression from a number of
residents that they would prefer to keep the facilities separate.
Commissioner Eggert understood that COPE representatives have
been discussing this with people in the community, and they seem to
think that the abandoned cemetery might be a better location for a
playground, because the magnet school and COPE office are in that
area. She indicated that plans for a creative playground would
have to go through the Parks and Recreation Committee and be
coordinated with the Gifford Progressive League.
Commissioner Tippin commented that this used to be the only
cemetery in town, but there was a massive exodus when Crestlawn
opened in the early 1940s. He thought there must be some records
somewhere about all of this.
Lengthy discussion ensued, and Assistant County Attorney Terry
O'Brien assured the Board that the County cannot be held liable in
any way if we decide to take over and maintain the property. He
emphasized that taking this first step is not "crossing the
Rubicon."
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
45
BOOK 91 F,1CF, 4.07
JAN 4 1994
BOOK 91 PAGE 408
JOINT MEETING BETWEEN CHILDREN'S SERVICES ADVISORY COMMITTEE
MEMBERS, BOARD OF COUNTY COMMISSION, AND SCHOOL BOARD
The Board reviewed the following memo dated December 27, 1993:
DATE DECEMBER 27, 1992
TO BOARD -OF COUNTY COMMISSION�%yI
FROM KENNETH R. MACHT, COUNTY COMMISSIONER
RE JOINT MEETING BETWEEN CHILDREN'S SERVICES ADVISORY
COMMITTEE MEMBERS, BOARD OF COUNTY COMMISSION, AND
SCHOOL BOARD
I would like to request a joint meeting between the Children's
Services Advisory Committee members, the Board of County
Commissioners and the Indian River County School Board to present
to the Commission and the public through television some of the
underlying problems that plague our community. Many of the
policy and .fiscal .decisions required An the coming year require
an extensive background of information of this nature.
.1 .'am -.proposing. the -meeting for either _ morning - or afternoon on
Friday,
January ..28, 1994 or Monday, January 31, 1994. The
meeting can be held in the School Board meeting room and will be
televised from there.
Commissioner Macht asked the Board members if they would be
agreeable to scheduling a meeting on January 31, 1994, at 9:00 a.m.
in the School Board meeting office. Representatives of the School
District would give a presentation at that time in order to give us
an idea of drug usage by young people and related difficulties. We
would discuss with members of the School Board some of the serious
problems that exist not only in the schools but throughout the
community. Commissioner Macht explained that the idea is not to
overwhelm us with statistics, but to make us aware of the kinds of
things that are going on. He predicted that the Commissioners will
find some of the information distressing. He asked the Board's
permission to organize the meeting and arrange to have it
televised.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Adams, to schedule a joint televised
meeting between the Children's Services Advisory
Committee members, the Board of County
Commissioners, and the Indian River County School
Board, on January 31, 1994, at 9:00 a.m. in the
School Board meeting room.
46
Under discussion, Commissioner Bird indicated that he has
gotten meaningful input from the Florida Department of Health and
Rehabilitative Services (HRS) in the past, and he suggested that we
might want to invite a representative of that agency to attend the
meeting.
Commissioner Eggert recalled an HRS study a couple of years
ago, but she did not think they would have anything new to add to
that study.
Commissioner Macht felt at this time that we primarily are
trying to find out the kind of things that children are into, but
he agreed to look into the possibility of including an HRS
representative in the meeting.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
COMMITTEE APPOINTMENTS
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously tabled
this agenda item for one week.
EMERGENCY SERVICES DISTRICT
Chairman Tippin announced that immediately upon adjournment,
the Board would reconvene sitting as the Board of Commissioners of
the Emergency Services District. Those Minutes are being prepared
separately.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:54 a.m.
ATTEST:
J. ton, Clerk Join W. Tippin, C a' man
47
JAN 19�� BOOK 91 FacF 409