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HomeMy WebLinkAbout4/5/1994BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, APRIL 5, 1994 9:00 A.M. COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS John W. Tippin, Chairman ( Dist. 4) James E. Chandler, County Administrator Kenneth R. Macht, Vice Chairman ( Dist. 3 ) Fran B. ;dams ( Dist. 1) Charles P. Vitunac, County Attorney Richard N. Bird ( Dist. 5 ) Carolyn K. Eggert (Dist. 2) Jeffrey K. Barton, Clerk to the Board 9:00 A. M. 1. CALL TO ORDER 2. INVOCATION - Rev. Richard Speck Unitarian Universalist Fellowship 3. PLEDGE OF ALLEGIANCE - Chas. P. Vitunac 4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS 7.I. Anti -Drug Abuse Grant Certification 1994-95 Fiscal Year 13.E. Transportation Disadvantaged Local Coordinating Board - Membership Changes and Alternates 5. PROCLAMATION AND PRESENTATIONS Adoption E Presentation of Proclamation Designating April, 1994 as "Fair Housing Month" in I.R.C. 6. APPROVAL OF MINUTES A. Regular Meeting of March 1, 1994 B. Regular Meeting of March 8,'1994 C. Regular Meeting of March 15, 1994 7. CONSENT AGENDA A. Received E Placed on File in Office of Clerk: Fellsmere Water Control District Audit Reports for year ended Sept. 30, 1993 I.R. Mosquito Control District Audit Reports for year ended Sept. 30, 1993 Minutes of Quarterly Meeting of the Board of Supervisors of Seb. Riv. Water Control Dist. March 2, 1994 7. CONSENT AGENDA (cont'd.) : B. Appointment of Rosemary Sparks to Children's Services Advisory Committee, representing Child Care Assoc. of Indian River County ( letter dated March 24, 1994)- C. 994) C. Additional Representation on Children's Services Advisory Committee ( memorandum dated March 28, 1994 ) D. Retroactive Approval for Letter of Support for Center of Arts Planned Renovation ( letter dated March 22, 1994 ) E. Request for Travel for Alice White to Attend Seminar for Records Management Liaison Officers on April 15, 1994 ( memorandum dated March 18, 1994 ) F. .. Glendale Trade Center Inc. Is Request for, Final Plat Approval for a Commercial S/D to be Known as Glendale Industrial Park ( memorandum dated March 28, 1994 ) G. Release of Utility Liens ( memorandum dated March 17, 1994 ) H. . Award Bid #4062 / Green Acres Water Main ( memorandum dated March 25, 1994 ) B. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a.m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS I. AN ORDINANCE OF INDIAN RIVER COUNTY CREATING THE MOORINGS STREET LIGHTING DISTRICT ( memorandum dated March 9, 1994 ) 2. Emergency Ordinance to Make a Clarifica- tion Change to the Road Frontage Require- ment of the County's S/D Ordinance (memorandum dated March 30, 1994) 10. COUNTY ADMINISTRATOR'S MATTERS Sales Tax Workshop Schedule 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT Consideration of the Revised Indian River County Local Housing Assistance Plan ( memorandum dated March 28, 1994 ) 11. DEPARTMENTAL MATTERS (cont'd.) : B. EMERGENCY SERVICES None C. GENERAL SERVICES Administration Building HVAC System Study Consultant's Report ( memorandum dated March 28, 1994 ) D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS 1. Professional Engineering Services Agreement 66th Ave. Roadway and Drainage Improvements ( memorandum dated March 16, 1994) ' -- 2. Fourth Amendment to Professional Engineer- ing Services Agreement - Kimball E Assoc. (memorandum dated March 18, 1994) H. UTILITIES 1. 11th Court, SW - Water Service (memorandum dated March 24, 1994) 2. Agreement / I.R.C. and John 8 Connie Everhart - Water Service (memorandum dated March 25, 1994) 3. Water Expansion Plan Phase III / Contract #4, Change Order No. 1 E Final Pay Request (memorandum dated March 25, 1994) 4. Water Service for 1-95/SR 60 Commercial Node, Ph. 11, 82nd Ave. Water Main ( memorandum dated March 17, 1994 ) 5. final Pay Request / Raintree Corner S/D ( memorandum dated March 21, 1994 ) 6. Master Plan Continuing Consulting Services Agreement for 1994 (memorandum dated March 23, 1994) "- 7. So. Co. R.O. Plant Expansion, Ph. II, Change Order No. 1 (memorandum dated March 10, 1994) 8. Petition Water Service in Raintree Corner S/D (54th Ave. So. of 12th St.), Res.. IV, Final Assessment Roll ( memorandum dated March 16, 1994 ) APR - 5 1994 APR = 51994 � 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. CHAIRMAN JOHN W. TIPPIN B. VICE CHAIRMAN KENNETH R. MRCHT C. COMMISSIONER FRAN B. ADAMS D. COMMISSIONER RICHARD N. BIRD E. COMMISSIONER CAROLYN K. EGGERT 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. i � r Tuesday, April 5, 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, April 5, 1994, at 9:00 a.m. Present were John W. Tippin, Chairman; Kenneth R. Macht, Vice Chairman; Fran B. Adams; Richard N. Bird; and Carolyn K. Eggert. 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. Rev. Richard Speck, Unitarian Universalist Fellowship, gave the invocation, and Attorney Vitunac led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Tippin requested the addition of Item 7.I., 1994-95 Anti -Drug Abuse Grant Certificate of Participation. Commissioner Eggert requested the addition of Item 13.E., Transportation Disadvantaged Local Coordinating Board membership changes and appointment of alternates. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously added the above items to the Agenda. PROCLAMATIONS AND PRESENTATIONS Chairman Tippin read aloud the following proclamation and presented it to Shirley Tyler, chairman of Equal Opportunity Housing for the Board of Realtors of Indian River County, who thanked the Board for participating in efforts to achieve fair BOOK ' FACE APR - 5 1994 APR - 5 1994m BOOK 92 F,,1F 26 housing in Indian River County. She stated that the Vero Beach - Indian River Board of Realtors is proud of its contribution and support of the Fair Housing Act and other fair housing compliance programs. PROCLAMATION DESIGNATING APRIL, 1994 AS "FAIR HOUSING MONTH" , IN INDIAN RIVER COUNTY WHEREAS; the Vero Beach -Indian River Board of Realtors has hereby petitioned that April, 1994 be designated as Fair Housing Month; and WHEREAS, it is the goal of the Vero Beach -Indian River Board of Realtors. to promote the theme for the month of April, 1994 as. "Fair Housing Opens Doors"; and WHEREAS, the federal fair housing laws prohibit discrimina- tion on the.basis of race, color, religion, sex, familial status or national origin and all people•have the right to live wherever they choose to live; and WHEREAS•, the Vero Beach -Indian River Board of Realtors is committed to educating their members, as. well as buyers and sellers on how to fully comply with fair housing laws. A person's ability to rent or own should be -limited only by how much he or she can afford. "Fair Housing" means equal access. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that April, 1994 be designated -as FAIR HOUSING MONTH in Indian River County. The Board urges all citizens of the county to support the Vero Beach -Indian River Board of Realtors in their efforts to provide fair housing. Adopted this 5th day of April, 1994. •. i BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY,, FLORIDA 19 ` J�Shn W . Tip n, Chai APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of March_1, 1994. There were none. E ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board approved the Minutes of the Regular Meeting of March 1, 1994, as written. The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of March 8, 1994. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board approved the Minutes of the Regular Meeting of March 8, 1994, as written. The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of March 15, 1994. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board approved the Minutes of the Regular Meeting of March 15, 1994, as written. CONSENT AGENDA A. Reports The following reports were received and placed on file in the Office of the Clerk to the Board: Fellsmere Water Control District Audit Reports for year ended September 30, 1993 Indian River Mosquito Control District Audit Reports for year ended September 30, 1993 Minutes of Quarterly Meeting of the Board of Supervisors of Sebastian River Water Control District held March 2, 1994 B. Appointment of Rosemary Sparks to Children's Services Advisory Committee, Representing the IRC Child Care Association ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously appointed Rosemary Sparks to replace Patti Hinton as the designated representative of the Child Care Association of Indian River County on the Children's Services Advisory Committee. 3 BOOK 2,7 L_ APR m 5 1994 APR - 5 l§q BOOK 92 rnr- 28 C. Additional Representation on Children's Services Advisory Committee The Board reviewed the following memo dated March 28, 1994: To: Board of County Commissioners From: Kenneth R. Macht, Commission Vice -Chairman 11;gR Date: March 28, 1994 Re: Additional representation on the Children's Services Advisory Committee Please approve Patti Hinton being designated as representing the National Association for the Education of Young Children (NAEYC) on the Children's Services Advisory Committee. She formerly represented the Child Care Association on this committee., Also, please approve a representative of the Junior Service League of Indian River, Inc. to serve on the Children's Services Advisory Committee and Jeanine Chapp, who will be representing the Juvenile Justice Council. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously appointed Patti Hinton as the designated representative of the National Association for the Education of Young Children (NAEYC), and Jeanine Chapp as the designated representative of the Juvenile Justice Council, on the Children's Services Advisory Committee. D. Retroactive Approval of Letter of Support - Planned Renovation of the Center for the Arts The Board reviewed the following letter dated March 22, 1994: Honorable Carolyn K. Eggert County Commissioner 1840 25th Street Vero Beach, FL 32960 Dear Carolyn: On behalf of the Center for the Arts, I am requesting your endorsement of an application to be submitted to the State of Florida's Cultural Facilities Program to support a planned renovation of the Center. This application will be reviewed by the Florida Arts Council which will make funding recommendations to the Secretary of State, with final approval by the Legislature and the Governor. Your endorsement by letter of this project will play a crucial role in the success of the application. 4 These renovations will improve our collection storage vault, and expand administrative office space to improve our level of educational services to the community. The Center plans to forward the grant package to the State in early April. I am enclosing a sample support letter for your use. I would be most grateful to receive this letter not later than March 29, 1994. Thank you so much for your help. Sincerely John B. Henry, III Executive Director ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously granted retroactive approval to the following letter of support dated March 25, 1994: March 25, 1994 The Honorable Jim Smith Secretary of State Florida Department of State Division of Cultural Affairs The Capitol Tallahassee, Florida 32399 Dear Mr. Smith: I am - writing this letter for the Board of County Commissioners in support of the Center for the Arts planned renovation: These renovations will improve -the collection storage vault and expand administrative office space to improve the level of educational services to the community. We wholeheartedly endorse the Center for the Arts' application to the State of Florida's Cultural Facilities program for planned renovation of the Center. Sincerely,' Jairm W .Ti�ian JWT:aw 5 BOOK 92 PAGE .',?9 BOOK 92 FAGE 30 E. Rectuest for Travel for Alice White to Attend Seminar for Records Management Liaison Officers on April 15 1994• The Board reviewed the following memo dated March 18, 1994: TO: Board of County Commissioners FROM: Alice E. White, Executive Aide RE: Seminar for Records Management Liaison Officers DATE: March 18, 1994 The State Records Management Division is giving a one day seminar in West Palm Beach on Monday, April 25, 1994, which is geared primarily for new Records Management Liaison Officers (RMLO.)' I feel it would benefit me as an RMLO to attend this session. The registration fee is $40.00 and there is sufficient money in account 001-101-511-035.43 to pay for this. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously authorized out -of -county travel for Executive Aide Alice White to attend a one -day records management seminar in West Palm Beach, Florida, on April 25, 1994. F. Glendale Trade Center Inc - Request for Final Plat Approval for Commercial Subdivision to be Known as Glendale Industrial Park The Board reviewed the following memo dated March 28, 1994: TO: James E. Chandler County Administrator D SIO HEAD CONCURRENCE: Obert M. Keatin , AffiCr Community Development ire Fr THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICPW Senior Planner, Cur ent Development DATE: March 28, 1994 SUBJECT: Glendale Trade Center Inc. Is Request for Final Plat Approval for a Commercial Subdivision to be Known as Glendale Industrial Park It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 51 1994. 6 DESCRIPTION AND CONDITIONS: The Glendale Industrial Park subdivision is a 9 lot subdivision of a ±17 acre parcel of property located in the 800 block of 8th Street. The subject property is south of 8th Street and situated between Old Dixie and the FEC railroad (see attachment #2). The project is, split zoned with a portion being zoned CH (Heavy Commercial) and a portion being zoned IL (Light Industrial). The entire site has a C/I (Commercial/ Industrial) land use designation.* At its regular meeting of March 24, 1988, the Planning and Zoning Commission granted preliminary plat approval for the project. Since that time, all necessary permits have been obtained and all necessary subdivision improvements have been completed, including roads, water and sewer utilities, and drainage facilities. The applicant's agent, Todd Smith, P.E., on behalf of. Glendale Industrial Park, Inc., is now requesting final plat approval and has submitted the following: .11 1. A final plat in conformance with the revised and approved preliminary plat. ANALYSIS: There was a considerable amount of time between the applicant's preliminary plat approval and the applicant's request for final plat approval. During this period, the applicant applied for and received a number of site plan approvals and constructed buildings within the tract of land that constitutes the proposed subdivision. At present, all building sites within the proposed subdivision have been built upon with the exception of one building site. The layout of the existing buildings has required the applicant to modify the originally approved preliminary plat so that the lots conform with the existing structures. As a result, the final plat depicts 9 large lots, while the preliminary plat showed 14 smaller lots. All of the lots comply with county zoning requirements. As required, the applicant has submitted as built plans which document that platting of the project will not create any nonconformities. All subdivision improvements have been constructed by the developer and have been inspected and deemed acceptable by the Public Works and Utilities departments. All subdivision improvements have been privately dedicated with the exception of the utilities, which have been accepted by the Utilities department and warranted separately. Since there are no publicly dedicated improvements with the plat, there are no warranty and maintenance requirements. RECOMMENDATION: Staff recommends -that the Board of County Commissioners grant final plat approval for the Glendale Industrial Park Subdivision. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously granted final plat approval for the Glendale Industrial Park Subdivision, as recommended by staff. 7 BOOK 92 FAGE .31 r APR - 5 1994 -7 BOOK 92 FacE .32 G. Release of Utility Liens The Board reviewed the following memo dated March 17, 1994: TO: BOARD OF COUNTY COMMISSIONERS �- FROM: Lea R. Keller, CLA, County Attorney's Office DATE: March 17, 1994 RE: RELEASE OF UTILITY LIENS The attached lien releases are in proper form for the Board of County Commissioners to authorize the 'Chairman to sign so that they can be recorded. The names and projects are: 1. Satisfaction of Impact Fee Extensions:. GRAUL PELT TIER WALLACE WYCHE 2. AlA%North Beach Water Project: STUBER 3. Blue Cypress Lake Sewer Project: HANSEN/Blue Cypress Lake Ranch, Inc. 4. Citrus Gardens Water Project: DEGROOT 5. Club Grove Estates Water Project: BALL 6. Flora Lake Water Project: ZITO 7. Rockridge Sewer Project: MCNAMARA S. Shady Oaks Water Project: BLAIS GIBSON HUDSON, JR. VAN SICKLE VERSTEEG WARREN (2) 9. Phase I Water Project: DONNON ELSMORE (2) PECERE 8 10. Phase II Water Project: ASHBY, JR. (3) BRYCE (2) CARINCI CAMBIO/DIRAIMO ELLIS (2) GRAM GRELLA GROGAN, SR. (2) HALLETT HERSBERGER JOHNSON KIRCHNER KIRKLAND (2) LABAT LOPEZ (2) MARTIN MCINERNEY MONTEITH PETERSON SMEDVIG TUMMOND WARFIELD 11. Phase III Water Project: BIN SLAY, JR. GEIDE III ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the satisfactions and releases of liens listed in staff's memorandum. SAID SATISFACTIONS AND RELEASES ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY H. Award Bid #4062 - Green Acres Water Main - Utilities Department The Board reviewed the following memo dated March 25, 1994: DATE: March 25, 1994 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 ,#`4062/Green Acres Water Main Utilities Department BACKGROUND INFORMATION: Bid Opening Date: March 16, 1994 Advertising Dates: March 2, 9, 1994 Specifications Mailed to: Twenty -Three .(23) Vendors Replies: Six (6) Vendors BID TAB TOTAL LUMP SUM CORRECTED TOTAL Driveways, Inc $15,649.00 Titusville, F1. Treasure Coast Cont. $18,759.49 $16,312.60 Vero Beach, F1. Tim Rose Contracting $20,841.45 $18,123.80 Vero Beach, F1. Derrico Construction $23,053.60 $20,044.00 Melbourne, FL 9 900K 9 PAGE ',33 Tri—Sure Corporation Auburndale, FL JoBear, Inc Palm Bay, FL TOTAL AMOUNT OF BID $28,042.75 $28,248.00 $15,649.00 BOOK. 92 F'APE •34 $22,385.00 $27,831.70 SOURCE OF FUNDS Utilities General Impact Fees ESTIMATED BUDGET $19,000.00 RECOMMENDATION Staff recommends that the bid be awarded to Driyewa s Inc. as the lowest most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. In addition, staff requests Board approval of the attached Agreement when all the requirements are met and approved as to form by the County Attorney. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously awarded Bid #4062 in the amount of $15,649.00 to Driveways, Inc., as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD I. ANTI-DRUG ABUSE GRANT FUNDING CERTIFICATION OF PARTICIPATION - 1994-95 FISCAL YEAR The Board reviewed the following memo dated April 4, 1994: TO: Members of the Board of County Commissioners DATE: April 4, 1994 SUBJECT: FY 1994/95 ANTI-DRUG ABUSE GRANT FUNDING CERTIFICATION OF PARTICIPATION FROM: Joseph A. Baird(( . OMB Director DESCRIPTION AND CONDITIONS The Budget Office received a letter dated March 17, 1994 from the Florida Department of Community Affairs (FDCA) stating that Indian River County has been allocated $130,141 in grant funds for FY 1994/95, to fund local anti-drug abuse projects. The letter also requested the Board to serve as the coordinating unit of government in applying for the funds. The Substance Abuse Advisory Council will be soliciting for and receiving grant applications as well as evaluating those applications and recommending to the Board what projects to fund and their funding levels. The Substance Abuse Advisory Council's recommendations will be brought to the Board for approval in May. The grant's fifth year will continue to be funded 75% from the state and 25% from the county. The budgetary impact on the county will not exceed $50,000. 10 r RECOMMENDATION Staff recommends the Board accept the invitation to serve as the coordinating unit of government in the FDCA Anti -Drug Abuse act Grant Program and authorize the Board Chairman to sign the Certification of Participation naming Joseph A. Baird, Budget Director, as the contact person. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the Florida Department of Community Affairs Anti - Drug Abuse Certification of Participation for the 1994-95 Fiscal Year, as recommended by OMB Director Joseph A. Baird. PUBLIC HEARING - AN ORDINANCE OF INDIAN RIVER COUNTY CREATING THE MOORINGS STREET LIGHTING DISTRICT 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 Dally Vero Beach, Indian River County. Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA _ Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he Is Business Manager of the Vero Beach Press•Journal, a daily newspaper published at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being a�Afi'1� •p In the matter —rte �YL ! 02 V�iLe �4- (�1 c tit. tz- In the �Court, was pub- lished In sold newspaper In the Issues o(7n�/ /a 1: , '64 /!2. Afflant further says that the Bald Vero Beach Press -Journal Is a newspaper published of Vero Beach, In said Indian River County, Florida, and that the sold newspaper has heretofore been continuously published In said Indian River County, Florida, each daily and has been entered as second class mall matter at the post office In Vero Beach, In sold Indian River Coun- ty. Florida, for a period of one year next preceding the first puhtication of the attached copy of advertisement; and alflant 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 to the said newspaper. Bk1Qtp t�art{1•sybscribed before met i qday of/ A.D. 19 IV ��QQ;��jOTq,9 Aly Co J mm. Exphes Una 29.1997 ( NOACr30M Nom.• 2 . OF F1.0 ..,..•: APR - 51994 64116 of Flo,ldl• My Crmm,kfim ! AP Ju.ro 29, 1lg7 co—WS31on Nu-mr: cC30o572 Signed. Notary:6ARAARA C SPRAGUF. 11 NOTICE The �•�,0 Commissioners * of Indiaan. River County, FloridaI.fi' e�ebY provides notice of a Public Hearing scheduled for 9:05 a.m. on Tuesday. April 5, 1994, to discuss the fo0owing PfoPosed or- dinarice entitled: AN ORDINANCE OF INDIAN RIVER COON- .. TY,. FLORIDA, CREATING THE MOOR-. INGS STREET LIGHTING DISTRICT. decision which Anyone who may wish Public appeaany Apn1 5, 1994, may be made at the PubAc FI wiii need to ensure that a verbatim record of the proceWings is made, which includes Wiirnony and "am upon which the appeal is based. 1079705 March 12, 19, 26, April 2, 94 BOOK 92 PACE 35 r SPR - 51994 BOOK 92 FACE ' 36 The Board reviewed the following memo dated March 9, 1994: TO: Board of County Commissioners FROM: Terrence P. O'Brien, Assistant County Attorney-fpo DATE: March 9, 1994 SUBJECT: PUBLIC HEARING - APRIL 5, 1994 AN ORDINANCE OF INDIAN RIVER COUNTY CREATING THE MOORINGS STREET LIGHTING DISTRICT The attached proposed ordinance would create a street lighting district for the Moorings area which will further the safety, health and well-being of all those residing and owning property in the boundaries of the district. Staff recommends that the Board adopt the proposed ordinance. Public Works Director Jim Davis advised that the Moorings Property Owners Association sent letters to 1,114 property owners in the Moorings; 820 responses were received, with 622 in favor of establishing a street lighting district. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Betsy Tate, resident of the Moorings, requested that the County wait until a decision is made on the proposed Publix supermarket, because lighting will be installed in conjunction with that project. Ed Golden, 249 Springline Drive, explained that although he lives in an area of the Moorings that has street lights, he is in favor of this proposal and is willing to support it financially. He felt that street lights throughout the Moorings would make it safer for pedestrians as well as provide security for residents. Robert Salmon, 1155 Reef Road, was in favor of street lights in the Moorings for the same reasons.stated by Mr. Golden.- Ralph olden:Ralph Ragette, resident of Reef Road, stated that it is "pitch black" in the Moorings at night and that street lights are needed to help monitor what goes on in the Beach area. Harry Roberts, 1001 Spyglass Lane, emphasized that some areas of the Moorings are very isolated. He lives on a private road with street lights, but he is in favor of this proposal because he feels 12 that the Moorings should have a street lighting system that serves everyone. It is his opinion that the cost of street lighting is well worth the benefits. George Shaw, 1060 Reef Road, announced that his home is in the area adjacent to Floralton Beach, which has street lights. He stated that the difference between his area and the Floralton Beach area is literally the difference between night and day, and he felt that street lights should be installed throughout the Moorings. DeLoss Blackburn, 300 Harbour Drive, representing Porpoise Bay Villas Association, was opposed to including Porpoise Bay in the assessment. He explained that all of the units along Harbour Drive within Porpoise Bay are one story high, and he felt that light poles which are 20 feet in height are inconsistent with the aesthetics of the area. He reported that questionnaires were mailed to the Porpoise Bay condominium owners, and 82% of those who responded voted to exclude Porpoise Bay from the assessment. The property owners in Porpoise Bay are in the process of placing white fluorescent bulbs in their light posts along Harbour Drive, which they believe will provide adequate lighting for the area. He stated that if more lights are needed, the residents of Porpoise Bay will install them. They do not want to help pay for public street lights in other areas of the Moorings. Ralph Church, 1776 Mooringline Drive, spoke in favor of the street lights. He reported that he is a member of the Board of Directors of the Moorings Property Owners Association and is responsible for security. Goldstar Security patrols the area regularly, and management of Goldstar has recommended that street lights be installed. Jack MacLean, 139 Anchor Drive, president of the Moorings Property Owners Association (P.O.A.), recounted that the Moorings was developed as a series of individual sections, some with street lights and some without street lights. The Moorings P:O.A. decided that the fairest solution was for all the residents to contribute to the cost of street lights. He stressed that bringing a shopping center into the Moorings will create a greater security problem, and street lights will become even more important. Bernice Hebert, 2006 Windward Way, felt that everybody in the Moorings will benefit from street lights and should help pay for them. It was determined that no one else wished to be heard and the Chairman closed the public hearing. 13 BOOK 92 PACE 37 L_ APR - 51994 J F' APR - 51994 mu 92. muF :38 MOTION WAS MADE by Commissioner Macht, SECONDED by Commissioner Bird, to adopt Ordinance 94-7, creating The Moorings Street Lighting District. Under discussion, Commissioner Macht asked, and Public Works Director Jim Davis confirmed that the street lights will be in compliance with the turtle ordinance, and no street lights will be placed seaward of the dune line. Commissioner Adams led discussion about the opposition of the Porpoise Bay residents. Director Davis responded that the 6 lights originally planned for Porpoise'Bay have been eliminated. However, Porpoise Bay is located at the north end of the development, and a number of street lights will be located on the thoroughfare that must be traveled by Porpoise Bay residents in order to reach their homes. Since Porpoise Bay residents will have the benefit of those lights, staff recommends including them in the assessment. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. ORDINANCE 94- 07 AN ORDINANCE OF INDIAN RIVER COUNTY CREATING THE MOORINGS STREET LIGHTING DISTRICT. WHEREAS, the residents of the Moorings have requested that the County establish a mechanism for providing street lighting service at crucial locations throughout the subdivision; WHEREAS, the Board finds that the creation of a municipal service benefit unit to raise funds through the equitable assessment of property owners throughout the subdivision is the best available means of accomplishing the desired goal; and WHEREAS, the provision of street lighting in the area will further the safety, health and well-being of all those residing and owning property within the boundaries of the district, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: 14 SECTION 1. Creation of Municipal Service Benefit Unit. There is hereby established in Indian River County the Moorings Municipal Service Benefit Unit under the authority of, and with all those powers conferred by, the Constitution of the State of Florida, Sections 125.01(q) and 125.01(r) of the Florida Statutes and Chapter 200 of - the the Indian River County Code. The real property included within the boundaries of this municipal service benefit unit is described as follows: The following units of the Moorings, all recorded in the Public Records of Indian River, Florida: Unit One, in Plat Book 8, Page 6. Unit Two, in Plat Book 8, Page 28. Unit Three, in Plat Book 8, Page 63. Unit Four, in Plat Book 8, Page 72. Unit Five, in Plat Book 9, Page 98. Unit Six, in Plat Book 10, Page 63. All of Government Lots 3 & 4, Section 21, Township 33 South, Range 40 East, lying West of A -1-A Highway. Together with and including that part of Government Lot 2, in Section 28, Township 33 South, Range 40 East, lying South of Windward Way. Lying in Indian River County, Florida. SECTION 2 LEVY. The first non -ad valorem assessment shall be levied for the tax year 1995- 1996. SECTION 3. CHAPTER 200 AMENDMENT. Section 200.07 shall be amended to show the addition of the "Moorings" district and this ordinance number. SECTION 4. SEVERABILITY. If any section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be . unconstitutional, in- operative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. 15 BOOK .92 F'AGF 39 APR - 5 1994 r APR m 51994 snox 912 rrt0 SECTION 5. EFFECTIVE DATE. This ordinance shall become effective upon becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 5 day of April 1994. This ordinance was advertised four times in the Vero Beach Press -Journal on March 12, 19, 26, Apri12 , 1994 for a public hearing to be held on the 5 day of A p r i 1 , 1994, at which time it was moved for adoption 'by Commissioner Eggert seconded by Commissioner Bird , and adopted by the following vote: 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 BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA By/ ; / ClieirMdn o pp 1 n Attest By Clerk Acknowledgement by the Department of State of the State of Florida, this 15thday of April , 1994 Effective date: Acknowledgement from the Department of State received on this 20th day of April , 1994 at 10:00 a.m/p.m. and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. EMERGENCY ORDINANCE TO MAKE A CLARIFICATION CHANGE TO THE ROAD FRONTAGE REQUIREMENT OF THE COUNTY'S SUBDIVISION ORDINANCE The hour of 9:05 a.m. having passed, the County Attorney announced that this public hearing had been advertised as follows: 16 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 NOTICE OF PUBLIC HEARING at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being sThe Indian an Film -hold a g h���r�Of C,,,,ty - adoption of an GEENCY OFiDINANCto CEE two darr-- Ify to wording of a of the aubdiwsion ordi name s�tlorh 813.1 (16 3xc). The Proposed ordi- mmr W would clarify the waft of the cwq,s road lThe p c heaft that is applied to lot Lt:`.L— R-- T� P at which the Board at In the matter of 1rrss rwp� consider adoption the ordinance r on Tuesday, Ap 5 1994 at 9:00 a.m. in the County Commission Chambers in to County Administration Building located at 1640 r 25th Street, Vero Beach, Florida. Copies of the Proposed ordinance are avdaw at the PlpIa�nn" Divislon Office on the seowd floor of in the. Court, was pub- the CohamtyAdrtnistratim Anyone who may wish to appeal any decision which U ma be made at this mee" wm meed to ensure lished in said newspaper in the issues of l-z=*:z.. / 9 / � record of the proceedings Is made, the appeal Is basedand evidence upon which ANYONE WHO NEEDS A SPECIAL ACCOMMODA- TION FOR THIS MEETIM MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT COORDINATOR AT 567-8000 X 223 AT ADA Affiant further says that the said Vero Beach Press -Journal is a newspaper published at T 48 HOURS IN ADVANCE OF THE MEET. BVG. Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore INDIAN RIVER COUNTY been continuously published in said Indian River County, Florida, each daily and has been BOARD_OFloM W. COMMISSIONERS entered as second class mail matter at the post office in Vero Beach, In said Indian River Coun- A� 1 By94. , , 1086103 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. ,23.455) •••..•11�'b'`Q'7eve�d subscribed before me this day of A.D. 19loft Cc, s, .VpTq,Q�•.�G. r74*Wi anager) 3 c n MaComm °mmR+res • r", RARneRe r eoox6llE ItEIT�kft1 tv CD V 29, 1997 tN Pz c C �p r • • State of Florida. My Commission Exp. lune 29, 1907 [„^ P` " 0pyy Fl � (p jkAW72 • Commis' n Number. CC300572 f =•'9j; •• '[7L1�i•� 4:•: ` ^c' 807 OF FLAB:•`• Ste' y%s;. �x•••nnrw��"'• Notary: BARBARA C. SPRAGUE Attorney Vitunac advised that emergency ordinances do not require the Public Hearing to be advertised 15 days in advance. He further advised that under Florida Statutes, the Board by a 4/5 vote can approve an emergency ordinance. The Board reviewed the following memo dated March 30, 1994: 17 L APR - 51994 BOOK 92 PAGE 41 r APR - 5199 BOOK 92 WAGE 42 TO: James E. Chandler County Administrator DI N HEAD CONCURRENCE: .0, P_/ff i R5bert'M. Keati g, JAICP Community D,evveelopmOnt D ctor FROM: Stan Boling; -AICP Planning Director DATE: March 30, 1994 SUBJECT: Emergency Ordinance to Make a Clarification Change to the Road Frontage Requirement of the County's. Subdivision Ordinance It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 5, 1994. BACKGROUND: •Need for Emergency Action For over 20 years, the county has required that newly created lots resulting from lot splits have frontage on a public road right-of- way or a private platted road right-of-way. This road frontage requirement is similar to requirements of other counties in central Florida. Over the years, this requirement has been applied to hundreds of lot splits and proposed lot splits throughout the county. Planning staff estimates that this requirement is applied to lot split proposals on an average of 10-20 times a month. Therefore, any changes to this requirement would have a significant impact on a large number of inquiries and proposals and would be a major departure from a 20 year old standard. Recently, the wording of this requirement was challenged via an appeal of staff's interpretation of the LDRs. The essence of the appeal is that the present wording of the LDRs does not require lots to have road frontage. Staff will soon be processing this appeal through the normal appeal process. Both the County Planning Division and the County Attorney's Office recognize that the current wording could be interpreted contrary to the clear intent of the county's road frontage policy. Thus, it is staff's opinion that the road frontage LDR section needs to be clarified. However, it is also staff's opinion that, if the appeal is upheld and staff's interpretation is overturned, the long-standing road frontage requirement will for all practical purposes be struck -down and voided unless the county takes emergency action or goes through the lengthy LDR amendment process. In staff's opinion, the potential that this important and often applied requirement could be voided without a full LDR amendment review poses a danger. This danger can be avoided by passing an emergency ordinance, as provided by.Florida Statutes Chapter 125.66(3), to clarify the LDR section now being contested by the appeal. 18 - M •Effect of Emergency Action By passing the emergency ordinance, the Board can guarantee that the appeal will be strictly limited to the applicant's case and that the road frontage requirement will remain unchanged unless and until the requirement is fully reviewed via the LDR amendment process. Staff requests that the Board now consider adoption of the proposed emergency ordinance. ANALYSIS: •Lot Split Regulations For many years, county regulations have allowed one-time lot and parcel splits without requiring subdivision approval and platting. However, such splits are allowed only under the following three conditions: 1. That the parcel being split has not been split and has not been the result of a split since July, 1983. (Note: if a split has occurred since July 1983, then additional parcels can be created only through subdivision and plat approval.) 2. That the resulting parcels meet all applicable zoning district lot size and dimension criteria. 3. That each resulting parcel have a minimum amount of frontage on: a. a public (county) road right-of-way; or b. a private platted road right-of-way; or ce a roadway historically and currently maintained by the county. Condition #3, which is the road frontage requirement, is being challenged. In addition to having been in the county's code for 20 years, this road frontage requirement has been upheld by the county on the two occasions that the Board has considered requests for variances from the requirement. In both cases, the Mt. Pleasant case in 1988 and the Scott Ketchum case in 1992, the Board upheld the road frontage requirement by denying variances from the requirement. The current wording in the road frontage LDR section is written in a manner that tries to explain negative (prohibited) actions with positive statements. This manner of wording is generally used in the-LDRs to avoid the use of double negatives. As asserted by the applicant, the manner of wording could be interpreted in a way that renders the requirement meaningless. *Request for Emergency Action Because the county has had a road. frontage requirement for 20 years, has consistently applied the requirement to hundreds of properties, and is continuously called -upon to review proposals and circumstances to which the requirement applies, emergency action is needed to ensure that the requirement is maintained unless it is amended via a thorough review process. Therefore, it is staff's opinion that an immediate emergency exists that warrants emergency action by the Board. Under Florida Statutes 125.66(3), the Board may adopt the proposed emergency ordinance by a four-fifths majority vote. 19 BOOK 92 FKH 43 �� APR m 5 9994 � B00W 92 vnr. 44 *Proposed Emergency Ordinance Based upon coordinated review with the County Attorney's Office, planning staff proposes an amendment to the road frontage requirement section of the LDRs [section 913.06(1)(c)] simply to clarify some existing language. This proposed wording change would preclude any interpretation of the referenced section in a manner that would contradict the county's longstanding interpretation and application of the road frontage requirement. In addition to adoption of the emergency ordinance, it is staff's opinion that the Board should direct staff to initiate a proper re -review of the road frontage requirement. Such a re -review would allow the Board to re -affirm the requirement and the requested emergency ordinance in the future or to make modifications to the requirement. RECOMMENDATION: Staff recommends that the Board of County Commissioners: 1. Declare that an immediate emergency exists, that normal notice requirements are waived and that enactment of the attached ordinance is necessary to. ensure continued equitable and consistent application of a long-standing county regulation and policy. - 2. Adopt the attached ordinance. 3. Direct staff to initiate review of the county's road frontage requirement during the next round of land development regulation (LDR) amendments. Planning Director Stan Boling explained that this is not a proposal for a new restriction or a change in an existing restriction. The purpose of this emergency ordinance is to clarify the road frontage requirement by rewording that section of the Code. Any action taken by the Board at today's meeting will not affect the pending appeal. If this emergency ordinance is not adopted, however, there is a possibility the long-standing frontage requirement will be eliminated. Commissioner Adams asked, and Attorney Vitunac advised, that emergency ordinances are as legally binding as other ordinances. He confirmed that the proposed emergency ordinance would not affect the pending appeal of Mr. Barkett's clients. Commissioner Macht asked about invoking the pending ordinance doctrine, and Attorney Vitunac advised that it is preferable to adopt an emergency ordinance. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. 20 I Attorney Bruce Barkett, representing the property owner who filed the appeal that precipitated this emergency ordinance, emphasized that his intent was to apply the ordinance as it presently exists, not do away with it. In his opinion, the emergency ordinance as proposed is more restrictive than the' existing ordinance. He suggested that the Board adopt the emergency ordinance, but add the phrase "or a roadway currently maintained by the County or a recorded easement. providing access to 2 or more parcels..." It was determined that no one else wished to be heard and the Chairman closed the public hearing. Commissioner Eggert preferred to wait until we review the LDRs to make a decision concerning the additional language proposed by Attorney Barkett. Commissioner Adams agreed that this and other related issues should be dealt with the next time the LDRs are reviewed. For example, we are maintaining some roads within the water management districts that are not County rights-of-way. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved recommendations 1, 2 and 3, as set out in the above staff's memorandum, and adopted Emergency Ordinance 94-8, amending Section 913.06(1)(C) of the Land Development Regulations (LDRs). ORDINANCE 94-08 AN EMERGENCY ORDINANCE OF INDIAN RIVER COUNTY, .FLORIDA, AMENDING SECTION 913.06(1)(C) OF THE LAND DEVELOPMENT REGULATIONS.- (LDRS), AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, pursuant to the provisions of Florida Statutes Chapter 125.66(3), the Board of County Commissioners has waived normal notice and declared that an immediate emergency exists in regards to the need to clarify the wording of section 913.06(1)(C) of the land development regulations (LDRs). NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Indian River County that the Indian River County Land Development Regulations (LDRs) be amended as follows: 21 BOOK 92 tAnE 4 APR - 5 1994 mm 92 Fux 46 SECTION 1: Section 913.06(1)(C) of the land development regulations (LDRs) is amended as follows: (C) Divide property after December 8, 1973 by any means where a resulting •lot ® does not have frontage on: a dedicated public right-of-way, private platted right-of-way (street), or a roadway historically and currently maintained by the county, as referenced on the county road grading map, - of at least: 1. Sixty (60) continuous feet, unless exempted under section 913.06(2), or unless the lot fronts upon a cul-de-sac or curve and meets the requirements of section 913.09(6)(C)1 for properties located within the A-1, A-2, A-3, Con -2, Con -3., RFD and RS -1 zoning districts; 2. The minimum lot width of the zoning district applicable to **the lot(s) created for properties located within zoning districts other than those referenced in the above paragraph 1., unless exempted under section 913.06(2), or unless the lot fronts upon a cul-de-sac or curve and meets the requirements of section 913.09(6)(c). Access, ingress/egress, or other easements shall not be deemed to constitute a publicly dedicated road right-of- way unless previously dedicated to and accepted by the county. Note: Parcels created between September 21, 1990 and December 4, 1991 are subject to the sixty ( 60) contiguous feet (rather than a minimum lot width) frontage requirement, regardless of the zoning district in which the property is located. SECTION 2: CODIFICATION The provisions of this ordinance shall be incorporated into the County Code and the word "Ordinance" may be changed to "section"., "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SECTION 3: SEVERABILITY If any section, part of this ordinance is for inoperative or void, such portions hereof and it legislative intent to unconstitutional, invalid of a sentence, paragraph, phrase or word any reason held to be unconstitutional, holdings shall not affect the remaining shall be construed to have been the pass this ordinance without such or inoperative part. SECTION 4: EFFECTIVE DATE The provisions of this ordinance shall become effective upon registered special delivery mailing to the Florida Secretary of State of a certified copy of this ordinance for filing with the Department of State of the State of Florida. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 5 day of April , 1994. Coding: Words in 1310MIMUN-M type are deletions from existing law. Words underlined are additions. 22 This ordinance was advertised in the Vero Beach Press -Journal on the 1 day of April , 1994, for the public hearing to be held on the 5 day of April , 1994, at which time it was moved for adoption by Commissioner Macht I seconded by Commissioner Eggert , and adopted by the following vote; Chairman John W. Tippin Aye Vice Chairman Ken Macht Aye Commissioner Fran B. Adams Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye BOARD OF COUNTY COMMISSIONERS OF IAN„RIVER COUNTY Jo h W. Tippi , ha rma ATTEST BY: V Jeffrey K. B4Lrton,, Clerk Acknowledgement by the Department of State of the State of Florida this Fjth day of April , 1994. Effective Date: This emergency ordinance was accepted by postal authorities for registered special delivery mailing the 5th day of April, 1994. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. L �Le�,(u William G. Collins, II, Deputy County Attorney APP OVED AS TO PLANNING MATTERS Robert M. Kea g, A Community Developmen Director u\c\s\subchng.ord Coding: Words in 0• type are deletions from existing law. Words underlined are additions. 23 BOOK .92 FACE 47 4; R Vii; AS fa ­ BOOT 92 FINGE 48 SALES TAX WORKSHOP SCHEDULE The Board agreed to schedule the sales tax workshop for Thursday, April 28, 1994, at 9:00 a.m. CONSIDERATION OF THE REVISED INDIAN RIVER COUNTY LOCAL HOUSING ASSISTANCE PLAN The Board reviewed the following memo dated March 28, 1994: TO: James E. Chandler County Administrator IS N HEAD CONCURRENC : o ert M. -Reatintil 4yCP Community Developme t Di for FROM: Sasan Rohani, AICP Chief, Long -Range Planning DATE: March 28, 1994 RE: CONSIDERATION OF THE REVISED INDIAN RIVER COUNTY LOCAL HOUSING ASSISTANCE PLAN It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of April 5, 1994. DESCRIPTION AND CONDITIONS Pursuant to the requirements of Section 420.907, F.S., the State Housing Initiative Partnership Program (SHIP), and Rule 9I-37.005, Florida Administrative Code (FAC), the Board of County Commissioners approved the Indian River County Local Housing Assistance Plan (Ordinance #93-13) on April 6, 1993. In June, 1993, the Florida Housing Finance Agency approved the county's plan and authorized the disbursement of funds. Due to a recent amendment to Rule 9I-37.005(2), Florida Administrative Code, local governments now must submit a new Local Housing Assistance Plan by May 2 of the year in which the approved Plan expires. Since the county's existing plan expires on June 30, 1994, a new plan must be submitted by May 2, 1994, to be eligible for the FY 1994-95 allocation of SHIP funds. According to the new state rules, the county .may submit a multi- year plan with a time horizon of up to three years. Once a multi- year plan is approved, the plan may be amended as needed, but need not be amended until the plan expires. On March 10, 1994, the Affordable Housing Advisory Committee reviewed the revised Local Housing Assistance Plan, made some changes, and recommended that the Board of County Commissioners approve the revised plan. The attached copy of the revised plan contains all changes recommended by the Affordable Housing Advisory Committee. 24 s o � ANALYSIS Since plan adoption, staff has coordinated with local financial institutions, builders, contractors, non-profit organizations, and applicants to implement the local housing assistance program. In working with the program, the various participants have identified issues that should be addressed in the. plan revision process. These issues are: 1. Minor Revisions Minor revisions to the plan are necessary to clarify the intent of the plan and better describe the various assistance strategies. Revisions are also necessary to update the income, rent, allocation, and estimated SHIP fund expenditures tables to correspond with new fiscal year information as well as with actual trends identified in the'last 4 months by the county. These revisions have been made in the proposed revised plan and can be identified by and underlines. 2. Recapture Provision When the County's Local Housing Assistance Plan *was adopted in April, 1993, State requirements mandated that Local Housing Assistance Programs have recapture provisions identical to those specified in Section 143(m) of the Internal Revenue Code of 1986. Since then, however, the state has revised its requirement. The current state rule requires that Local Housing Assistance programs incorporate a recapture provision, but the rule allows each participating local government to structure its own recapture provision. Accordingly, staff has developed a simplified recapture provision (described on page 44 of the plan). As revised, the county's recapture provision provides that 50% of any profit realized by the sale of an assisted unit will be recaptured by the program if the assisted unit is sold within the first year after loan closing or assumption. That percentage will be reduced by 5 percentage points each year and will be eliminated after 10 years. 3. Interest Rate According to staff research, most local governments throughout the state charge a low interest rate with no compounding, and some charge no interest for SHIP loans. Currently, the County's Local Housing Assistance Plan reflects a 3% interest rate compounded annually. Staff and the Affordable Housing Advisory Committee propose to eliminate the compounding provision for SHIP loans. Both staff and the committee also recommend that no interest be charged to very low income persons. 4. Affordability Timeframe Throughout the state, local governments have various timeframes for maintaining housing affordability. The county's intention is to maintain housing unit affordability as long as possible to expand the county's affordable housing stock. For -that reason, the County's 25 NOW . 12 PACE : 49 r APR m 5 199� mox 9, 2 current Plan provides for the accrued interest to be forgiven if the housing unit is retained for more than twenty years. The intent is to provide an incentive for people to stay in their units and enhance community stability. To enhance that incentive and correspond more closely with the policy of many other local governments, staff and the Affordable Housing Advisory Committee propose that the twenty year provision be revised and replaced with the following: • to eliminate any recapture requirement after ten (10) years of loan closing or assumption; • to forgive the accrued interest after fifteen (15) years of loan closing or assumption; however, the interest applicable to rehabilitation loans on investor-owned rental units will not be forgiven; and • to forgive the loan principal amount after 20 years of loan closing or assumption. If a housing unit that utilized County Local Housing Assistance Program funds is sold before the twenty year affordability timeframe, the amount of the loan principal, accrued interest not yet forgiven, and any applicable recapture of the profit will be payable to the county. These funds would go back to the affordable housing trust fund and be used as revolving loan assistance for other eligible persons. 5. Maximum Loan amount for Downpayment/Closing Cost Assistance The current Local Housing Assistance Plan provides that the maximum loan amount for Downpayment/Closing Cost Assistance is $4,000 for eligible moderate income persons and $6,000 for eligible low or very low income persons. After processing loan applications for very low and low income persons for four months, program participants have determined that the amount of assistance should be raised for very low income and low income persons. Also, financial institutions have indicated that by raising the downpayment/closing cost loan amount limits, then it would be possible for financial institutions to provide first mortgages without incurring PMI (Private Mortgage Insurance) costs. In the revised plan, the maximum amount of downpayment/ closing cost assistance has been increased from $4,000 to $7,000 for moderate income persons -and from $6,000 to $10,000 for very low and low income persons. 6. Eligibility Another related concern is the issue of the -eligibility of moderate income persons. Current state requirements allow participating local governments to provide assistance to any qualifying moderate income person; however, state rules require that -not more than 40% of the recipients be from the moderate income group. 26 r M a An issue- that has arisen is whether moderate income applicants even need assistance at all. According to staff research, a number of programs in the state either restrict or severely limit assistance to moderate income applicants, and instead target the more needy low and very low income households. Currently, the County's plan allows for downpayment/closing cost assistance loans to be given to any eligible moderate income person. As _ recommended by the Affordable Housing Advisory Committee and reflected in the revised plan, the county would provide downpayment/closing cost loans only to persons whose income falls within the first half of the moderate income range. ALTERNATIVES The Board of County Commissioners has three alternatives with respect to the Local Housing Assistance Plan. These are: c To adopt the revised plan c To adopt the revised plan with changes o To not adopt the revised plan. Either of the first two alternatives is acceptable. Choosing the third alternative, however, would cause the county to become ineligible to receive additional SHIP funds. Staff supports the first alternative. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the county's Local Housing Assistance Plan and direct staff to forward the revised plan to the Florida Housing Finance Agency. Community Development Director Bob Keating discussed the recommended changes, which are the result of suggestions made by some lenders and other participants in the State Housing Initiative Partnership-Progriim (SHIP). Commissioner Adams asked whether the County assists home buyers with payment of property taxes. She was concerned that people would buy a home and then find that they could not afford the monthly payments. Director Keating responded that the County does not assist with monthly costs associated with home ownership. The financing institutions create an escrow account for taxes and insurance. He stressed that financial institutions have requirements that applicants must meet in order to ensure they can afford the home they are buying. One of the recommended changes in the Housing Assistance Plan is to establish the same criteria for owner - financed mortgages. He pointed out that many of the homes 27 Ma 92 FAu 51 L- APR - 51994 J FF-- -1 APR - 51994 som 92 FACE . 52 purchased have been in the $20,000 to $30,000 range. The home buyers were making monthly rent payments, but were unable to accumulate funds for the down payment and closing costs. The County's objective is to make it possible for people to buy a home by assisting them with those costs. Commissioner Eggert commented that one requirement is that total housing costs cannot exceed 30% of the total income in the household. Commissioner Adams asked whether there is any way to prevent people from buying houses and then renting them out. Director Keating responded that we try to monitor this, but it is difficult -to prove. Commissioner Macht questioned the requirement that people who receive this assistance must split a portion of the profit with the County if they sell their home less than 10 years after buying it. Commissioner Bird thought that people should be able to move into a nicer home if their circumstances improve after several _ years, and he felt that the recapture provision might be counter- productive. Commissioner Macht was opposed to the 2nd and 3rd provisions under Item 4 relating to forgiveness of principal and interest, because that involves taking tax money from one person and using it to forgive the debt of another person. Commissioner Adams wondered how the County can replenish the trust fund if we forgive the interest and principal. Further discussion ensued regarding the loan repayment and recapture provisions. MOTION WAS MADE by Commissioner Adams, seconded by Commissioner Eggert, to adopt Resolution 94-48, approving the County's revised local housing assistance plan for the 1994-95, 1995-96, and 1996- 97 fiscal years, and providing for the State Housing Initiatives Partnership Program (SHIP) requirements, with the following change: Remove the 2nd and 3rd provisions under Item 4 relating to forgiveness of principal and interest. Under discussion, Commissioner Bird preferred to eliminate the recapture provision after 5 years instead of 10 years. 28 COMMISSIONER ADAMS AMENDED HER MOTION TO PROVIDE FOR THE RECAPTURE OF 50% OF THE PROFITS FROM THE SALE OF A DWELLING AFTER 1 YEAR OR LESS, REDUCING THE AMOUNT BY 10% PER YEAR FOR 5 YEARS, AND ELIMINATING ANY RECAPTURE REQUIREMENT AFTER 5 YEARS. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. RESOLUTION NO 94-48 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA APPROVING THE COUNTY'S REVISED LOCAL HOUSING ASSISTANCE PLAN FOR FY 1994-95, FY 1995-96, AND FY 1996-97 AND PROVIDING FOR THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) REQUIREMENTS. WHEREAS, Chapter 420, Florida Statutes, describes the State Housing Initiative Partnership program (SHIP), which has been' established to increase the amount of affordable housing within the State of Florida; and WHEREAS, On April 6, 1993, Indian River County approved ordinance number 93-13, establishing the Local Housing Assistance Program; and WHEREAS, the approved Local Housing Assistance plan expires on June 30, 1994; and WHEREAS, according to Rule 9I-37.005(2), Florida Administrative Code, Local Governments must submit a new Local Housing Assistance Plan by May 2, 1994 to be eligible for FY 1994- 95 SHIP funding; and WHEREAS, on March 10, 1994, the Affordable Housing Advisory Committee recommended that the Board of County Commissioners approved the revised plan; and WHEREAS, on April 5, 1994, the Board of County Commissioners considered the adoption of the revised plan; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: Section 1. The above recitals are ratified in their entirety Section 2. The attached Indian River County Local Housing Assistance Plan for FY 1994-95, FY 1995-96, and FY 1996-97 is hereby approved by the Board of County Commissioners 29 �DDK 92 FADE 53 � :APR - 5194 � r SPR -5 B9QA 5og 92 PAGE 54 Resolution 94-48 Section 3. _ The Board of County Commissioners directs staff to submit a copy of the Indian River County Local Housing Assistance Plan to the Florida Housing Finance Agency by certified mail. Section 4. The only change to the maximum and average cost per unit is for Downpayment/Closing Cost/Principal reduction assistance loans. The maximum* amount of the Downpayment/Closing Cost/Principal reduction assistance loan will -be $10,000, and the average amount will be $9,000.00 Section 5. The County shall continue utilizing ten percent (10%) of available SHIP funds for administration of the SHIP program. Section 6. - The County's recapture provision will be based on the Table provided on the revised Local Housing Assistance Plan. The foregoing resolution was offered by Commissioner Adams , and seconded by Commissioner Eggert , and being put to a vote, the vote was as follows: Chairman, John W. Tippin �Le Vice Chairman, Kenneth R. Macht ALe Commissioner, Richard N. Bird ALe Commissioner, Carolyn K. Eggert ALe -- Commissioner, Fran B. Adams ae The Chairman thereupon declared the resolution duly passed and adopted this 5 day of April , 1994. Board of County Commissioners of Indian River County B, Y r, r .-,?ohn W. Tippin, Chairman. Attest by: Jeffrey K. Barton,'`"���r"� Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins, II Deputy County Attorney 30 — M ADMINISTRATION BUILDING HEATING. VENTILATION. AND AIR CONDITIONING (HVAC) SYSTEM STUDY - CONSULTANT'S REPORT General Services Director Sonny Dean gave the following presentation: DATE: MARCH 28, 1994 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR ..A DEPARTMENT OF GENERAL SERVICES SUBJECT: ADMINISTRATION BUILDING HVAC SYSTEM STUDY CONSULTANT'S REPORT BACKGROUND: On January 4, 1994, the Board authorized staff to proceed with an amendment to Gee and Jenson's present contract with the County, to study and report on the condition of the Heating, Ventilation, Air Conditioning (HVAC) system installed in the County Administration Building. The primary purpose of this study and report was to analyze the existing HVAC systems, to point out existing problems in the building and to recommend solutions that will remediate these problems. They were to also provide an estimated cost for this work. At the regular Board meeting on April 5, 1994, the consultant will give an oral overview of the report and be prepared to answer any questions the Commission may have. A copy of the report is provided for your perusal. Mr. Philip Grinell, senior vice president of Gee & Jenson, gave a brief history of his company's extensive experience in dealing with air quality issues. He reported that the evaluation of the County's Heating, Ventilation and Air Conditioning (HVAC) system resulted in the following observations: 1. The system has gone through a number of modifications over the years. 2. This building was not designed for as many people as now occupy it, nor was it designed to have all the corridors and partitions that were added after the building was constructed. The equipment has been placed under a lot of stress. 3. Humidity control and the ability to introduce a proper amount of outside air into the building are serious problems. 4. Filtration and air movement are inadequate. A complete report of Gee & Jenson's evaluation of the County Administration Building's HVAC systems was distributed to the Board, including the following conclusions and recommendations: 31 Bp � 92 ponE 55 L- APR -51994 r APR m 1994 boar. 92 FACE .56 9. CONCLUSIONS We have concluded from our investigation and study that the existing HVAC systems in this building are not capable of maintaining acceptable indoor air quality by today's standards for the following reasons: A. Almost all of the air handling systems have inadequate outdoor air flowing into the building as prescribed by ASHRAE 62-1989. Some of the air handling systems have no outdoor air connections. If outdoor air connections were added these units would not have the capability to remove the additional moisture. B. None of the air handling systems have any type of positive humidity control such as reheat or face and by-pass damper. Humidity readings taken throughout the building were 68% or greater. These readings were taken in February when there was not much sensible load but without positive humidity control, these units will not remove enough moisture from the air at any time during the year. C. None of the air handling systems are equipped with adequate filters required by today's standards. Current acceptable practice is to install high efficiency filters in all air handling systems. The existing air handling units do not have the capacity of receiving or functioning with high efficiency filter. D. All air handling systems have or have had standing water in the condensate pans. When built, these units were not available with fully drainable pan. E. In areas where above ceiling fan coil units (three story area) are the only source of cooling there. inadequate air circulation. These units are very old and are left from the original hospital building (possibly 30t years old). F. Chilled water temperature being circulated is 51°Ft not cold enough to accomplish the necessary dehumidification. This is caused by controlling the chiller from return water temperature a trial modification made to reduce the cost of electricity. G. Resistance to chilled water flow in many of the fan coil air units and the air handling units is so high that the unit coils do not receive enough chilled water flow. This probably caused by scale build-up or undersized pipe in the original design. H. Since part of the system is four pipe (have a hot water coil and a chilled water coil) and part is two pipe (having a combined coil) the change over from cooling to heating is very difficult This makes it impossible to maintain conditions during seasonal changes. I. A large percentage of the ductwork contains dirt and must be cleaned or replaced. J. Chilled water system is not fully redundant and only two small old chillers back up the existing chilled wathr system. In view of the foregoing, it is not considered practical or in most cases possible to retrofit the existing -system to a condition that will maintain adequate indoor air quality. 32 - M 10. RECOMMENDATIONS We recommend a complete retrofit of the HVAC systems in this building due to the conditions of the existing systems as set forth under Section 9 conclusions. Our recommended retrofit would consist of: ' A. One 11) new centrifuged chiller of the heat recovery type of approximately 175 ton capacity. The new chiller would be complete with new cooling tower, chemical treatment system, chilled water pumps, condenser water pump, and cooling tower. The existing 200 ton chiller would be kept as a redundant source of cooling. B. Install approximately eight 18) new roof top air handling units. These units would be of the variable air volume type and would have chilled water coils, pre -filters (30/30), hi -efficiency filters 180%). The units would be designed to take in the prescribed outdoor air 120 dm/person) and to control humidity. The actual number of air handling units would be determined by the details of the final design, however it is felt that three 13) units on the three story portion four (4) on the one story portion and one (1) unit for the two (2) story portion will probably be required to best suit the loads and the phasing requirements. C. Install a new system of chilled water piping from the new chiller to the new roof top units. This system would in general run across the roof tops and thence connect to the coils in the new units. D. ' Connect the new chiller, new pumps, cooling tower and air handling units to the electrical system. Revise service panels as required to support the new electrical loads. E. Install new ductwork, hot water piping, variable air volume terminal control boxes and temperature control one zone at a time making each zone operational upon completion. F. See recommended system diagram in Appendix V. G. Start-up the total system and make operational. The work as set forth above is by nature traumatic in nature since a percentage of the work must occur in and above the ceilings of occupied spaces. Phasing of the work will have to be worked out in detailed to ascertain if a plan can be established that is suitable -to this county officials having jurisdiction. Our suggestion of a phasing plan would be as follows: A. Leave all existing systems operational. B. Install new chiller, new pumps, and new cooling tower leaving existing chiller, pump, and cooling towers operational. C. Install new roof top air handling units. D. Install new chilled water piping from the new chiller to all new roof top air handling units. 33 BOOK, 92 FACE , 57 L_A PR - 51994 J ASR - 5 1994 BOOK 92 FACE 58. E. Install new ductwork, variable air volume control boxes, hot water piping remove all existing mechanical piping, ductwork and equipment associated with existing systems and complete one zone at a time. F. Change over another zone from old system to new system as each zone is completed: G. After all zones are complete tie in existing chiller to new system where it will serve as a standby. H. Test and balance each new zone. I. Commission each new zone. J. Decommission all existing equipment and systems no longer required for the operation of the building. Our preliminary estimate of the cost of this retrofit includes the installation of a new addressable fire alarm system and a new fire sprinkler system. The reason for the inclusion of this work is that it can best be done when ceilings are down for ductwork installation. It should be realized that the costs are developed without the benefit of detailed plans and are subject to change when detailed plans are available. 1. New HVAC system as described herein and as shown by the schematic in Appendix V $450,000.00 2. Ceiling work necessitated .by the installation of new ductwork and the installation of new ceiling tiles - general work of cleaning, cutting and patching. $160,000.00 3. New Addressable Fre Alarm System $60,000.00 4. New Fre Sprinkler System $150,000.00 5. Electrical Work to Connect New HVAC System $80,000.00 6. Total Contract Work $900,000.00 7. Engineering Fees $90,000.00 8. Total Cost $990,000.00 9. Contingency at 15% 148.500.00 10. Grand Total Cost $1,138,500.00 Mr. Grinell summarized that the County Administration Building has not reached the point where mold and mildew are growing everywhere, which would require the building to be vacated. The maintenance crew has been doing a good job, but the system is under stress and a decline is under way. He compared the building to a sponge that is slowly soaking up moisture due to the high humidity, and at some point it will reach the saturation level. He encouraged the Board to take action before this becomes a crisis. 34 - M Commissioner Macht led discussion regarding the cost of changing the chiller to comply with Environmental Protection Agency (EPA) requirements, which must be accomplished by the end of fiscal 1995. Mr. Lee Kendrick, project manager at Gee & Jenson, estimated the cost at $80,000. The chiller could be expected to last another 5 or 6 years, but the chiller's capacity will be reduced by approximately 20% *when it is retrofitted to accommodate the new refrigerant, which may render it inadequate to serve the building. Commissioner Bird led discussion about funding a project of this magnitude. r Administrator Chandler explained that staff is considering the possibility of recommending the use of sales tax revenue. He pointed out that another problem is that sections of the building will have to be shut down for a minimum of 2 weeks for each section. One reason staff requested a postponement of the sales tax workshop was to allow more time to deal with these issues. Commissioner Macht felt that it would be in the best interests of the taxpayers in this county to treat this as a capital project and finance it with sales tax revenue. Commissioner Adams asked whether staff will present all the alternatives to the Board, which would include doing nothing, retrofitting the existing chiller for the new refrigerant, following the recommendations of Gee & Jenson, or constructing a new building. Administrator Chandler responded that the cost might increase significantly if we wait for the problem to become a crisis. He advised that an analysis of various alternatives will be prepared for presentation to the Board. Mr. Grinell reminded the Board that it is necessary to comply with requirements of the Americans with Disabilities Act (ADA) any time major renovations are made. Administrator Chandler stated that the County has taken a proactive approach to complying with ADA requirements, and that should not be a problem. Chairman Tippin wondered why we have all these problems with air quality that did not exist in earlier times. Mr. Grinell explained that years ago most buildings had terrazzo, tile, or wood floors rather than carpeting; they had plaster instead of drywall; and they did not have spongy ceiling tiles and -other materials that soak up moisture from the air. He commented that carpeting tends to hold debris that can contribute to indoor air quality problems. For that reason, many architects are encouraging organizations to use hard flooring rather than 35 a 92 PnE 59 APR - 5 1994 900K 92 FADE sa carpeting wherever possible in new construction. Another factor that has contributed to air quality problems is that buildings were made airtight as a result of the energy crisis in the late 1970s. Air handling systems have gone through substantial changes since that time in order to deal with those problems. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously accepted the consultant's report and directed staff to research available alternatives for presentation to the Board. CONSULTANT'S REPORT IS ON FILE IN THE COUNTY COMMISSION OFFICE PROFESSIONAL ENGINEERING SERVICES AGREEMENT - 66TH AVENUE ROADWAY & DRAINAGE IMPROVEMENTS - CARTER ASSOCIATES INC. Public Works Director Jim Davis commented from the following memo dated March 16, 1994: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Professional Engineering Services Agreement - 66th Avenue Roadway & Drainage Improvements DATE: March 16, 1994 FILE: 48.AGN DESCRIPTION AND CONDITIONS s As approved by the Board in December, 1993, staff has negotiated the attached engineering services agreement with Carter Associates, Inc., Vero Beach, which provides for professional engineering and related services described as roadway and drainage improvements to 66th Avenue between 5th Street SW and 4th Street W for a not to exceed fee of $25,460. RECOMMENDATIONS AND FUNDING Staff recommends authorization for the Chairman to execute the attached agreement. Funding to be from Road Impact Fee funds. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously approved the engineering services agreement with Carter Associates, Inc., for a not -to -exceed fee of $25,460, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD FOURTH AMENDMENT TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT - CR -512 KIMBALL AND ASSOCIATES The Board reviewed the following memo dated March 18, 1994: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Roger D. Cain, P.E. County Engineer SUBJECT: Fourth Amendment to Professional Engineering Services Agreement Kimball and Associates DATE: March 18, 1994 Indian River County entered into an agreement with Lloyd and Associates in 1988 for the engineering services associated with the improvement of CR 512 from Roseland Road to U. S. 1. The firm has undergone ownership changes and in Dec. of 1993 the new owners decided to withdraw from the Vero Beach area. The firm is still in business in Pennsylvania, however. One of the principals in the Vero Beach office, Mr. Wayne Westerman, has remained in business here in Vero Beach to finish some of the larger ongoing projects for Kimball and Associates. Recently the county permitted the subletting of this agreement to Mr. Westerman. The county and the consultant wish to modify the agreement to delete part of the work for bridges, which are not required in the current drainage design under Project I and to increase Project II by the amount decreased for Project I for a second cross street and environmental permitting issues dealing with Project H. The net result is a zero increase in the fee for this agreement The current amount of the agreement is $272,775.32. Approve the Fourth Amendment to the contract and direct the Chairman to execute the amendment on behalf of the Board. 37 8M92 E 101 L_ APR = 51994 J mox 92 . FaUE 62. Reject the Fourth Amendment and renegotiate the amendment with the consultant. Staff recommends Alternative No. 1 as a fair and equitable agreement. ON MOTION by Commissioner Macht, SECONDED by Commissioner Bird, the Board unanimously approved the Fourth Amendment to the Professional Engineering Services Agreement for CR -512 Corridor Improvements with Kimball and Associates, with no increase in fee, as set out in staff's memorandum. FOURTH AMENDMENT TO AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WATER SERVICE TO 11TH COURT SW The Board reviewed the following memo dated March 24, 1994, with attached letter: DATE: MARCH 24, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRA;��PINT DIRECUT SERVICES PREPARED H. D. OS R, P. . AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: 11TH COURT, SW WATER SERVICE BACKGROUND A resident of 11th Court, SW has requested water service due to "undrinkable water, which smells like rotten eggs" (copy of owner's request attached). ANALYSIS Currently, a water main exists within several hundred feet of the property referred to in the above paragraph. It is proposed that we provide water service now under the labor contract and later tie into the proposed Water Expansion Plan, Phase V. The estimated cost is $5,000 labor and $4,010 materials. Payment will be made from the impact fee fund. A temporary service agreement is being obtained from the owner. RECOMMENDATION The Department of Utility Services recommends approval of the water line installation. 38 d 'o zo C�,�urascsL ...cuG�-�-✓� d G��czi�iL�•GU�'K�'�GGC�sv . //n�"'�'' al' �C (/ eZ44w,� azty ev +Gl 39 moo 92 PAGE 63 6._ APR - 5 199 J 500K 92 PAGE 64 ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved a water line installation to provide service to 11th Court S.W. at a total cost of $9,010, payment to be made from the impact fee fund, as recommended by staff. AGREEMENT WITH DRIVEWAYS, INC., FOR WATER LINE INSTALLATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WATER SERVICE AGREEMENT - JOHN D. AND CONNIE M. EVERHARD The Board reviewed the following memo dated March 22, 1994: DATE: MARCH 25, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILI Y VICES PREPARED AND JAMES D. CHAS T ONT AND MANAGER OF ASSE PROJECTS STAFFED BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: AGREEI4ENT INDIAN RIVER COUNTY AND JOHN D. AND CONNIE M. EVERHART WATER SERVICE BACKGROUND John D. and Connie M. Everhart have requested that temporary service be installed from the water line on Oslo Road to service their property at 776 11th Court, SW, Vero Beach, Florida 32962, prior to the installation of a planned water main on 11th Court, SW, during the construction of Water Expansion Plan, Phase V. ANALYSIS The Agreement states that the Indian River County Department of Utility Services (IRCDUS) shall provide water service to Mr. and _ Mrs. Everhart until such time that a water line is constructed on 11th Court, SW, by assessment. They agree to pay all fees required to make this connection. They further agree to participate in the assessment and to reconnect to this water line as required by IRCDUS. RECOMMENDATION The Department of Utility Services recommends that the Board of County Commissioners approve the attached Agreement with Mr. and Mrs. John D. Everhart on the Consent Agenda. -- 40 ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved an agreement with John D. and Connie M. Everhart, providing temporary water service to their property at 716 11th Court, S.W., with all fees to be paid by Mr. and Mrs. Everhart, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WATER EXPANSION PLAN PHASE III - CONTRACT #4 - CHANGE ORDER NO. 1 AND FINAL PAY REQUEST The Board reviewed the following memo dated March 25, 1994: DATE: MARCH 25, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G DIRECTOR 0 PREPARED H. D. 11DU1[E' - DSTER; -P. E. AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES WATER EXPANSION PLAN PHASE III/CONTRACT #4 SUBJECT: IRC PROJECT NO. UW -91 -15 -DS CHANGE ORDER NO. 1 AND FINAL PAY REQUEST BACKGROUND On May 11, 1993, the Indian River County Board of County Commissioners approved the subject project in the amount of $142,723.75. On September 21, 1993, the contract was awarded in the amount of $106,269.55. Construction of the subject project has been completed, and the contractor, G.E. French Construction,"Inc., has made application for final payment. Change Order No. 1, is also included (see attached). ANALYSIS All Indian River County requirements have been met and final certification has been submitted to the Department of Environmental Protection. The original contract price was $106,269.55. Change Order No. 1, which reduces the contract price by $7,866.55 results in a final contract price of _$98,403. The change order was necessary due to less restoration required since Public Works was paving the roadways immediately following the water line installation. The contractor has previously billed $79,772.89 leaving a balance of $18,630.11. 41 BOOK 92 PAPE 65 APR - 51994 J ��M ROOK 92 PAGE 66 RECOMMENDATION The Department of Utility Services recommends: (1) approval of -Change Order No. 1, and (2) approval of the payment request of $18,630.11 as payment in full for services rendered. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously approved Change Order No. 1 with G. E. French Construction and final payment in the amount of $18,630.11, as recommended by staff. CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WATER SERVICE FOR I-951SR-60 COMMERCIAL NOTE, PHASE II, 82ND AVENUE WATER MAIN (FROM OSLO ROAD TO STH STREET) The Board reviewed the following memo dated March 17, 1994: DATE: MARCH 17, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTIL T SERVICES PREPARED ROBERT O. WISEMEN, P.E. AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: WATER SERVICE FOR I-95/S.R. 60 COMMERCIAL NODE, PHASE II, 82ND AVENUE WATER MAIN (FROM OSLO ROAD TO 8TH STREET) INDIAN RIVER COUNTY PROJECT NO. UW -94 -04 -DS BACKGROUND In 1993, the Department of Utility Services successfully constructed a water transmission main along Oslo Road to I-95. The Indian River County water master plan indicated the need for connecting the newly constructed water transmission main to an existing water main at the intersection of 82nd Avenue and 8th Street. This interconnection provides a complete looping of the system, as .well as providing pressure balance and an alternate water source for the Commercial/Industrial Node along the Route 60 corridor. ANALYSIS The interconnection consists of construction of approximately two miles of 16 -inch water main. The construction involves five canal crossings. The preliminary estimated cost of the project is $485,700.00, which includes construction cost,. -as well as surveying, in-house engineering design, permitting, bidding, administration during construction, and inspection. Attached are three surveying proposals with costs: tlMa 1. Carter and Associates $ 4,300.00 2. H. F. Lenz Company $ 7,400.00 3. Masteller, Moler and Reed, Inc. $ 5,540.00 Funding for this project will be paid from the impact fee fund. RECOMMENDATION The staff of the Department of Utility Services recommends that the Indian River County Board of County Commissioners approve and authorize the commencement of the project. Also the Department recommends execution of the agreement with Carter and Associates to do surveying for the County on this project. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously approved the agreement with Carter and Associates in the total amount of $4,300, for surveying services associated with the above project, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD RAINTREE CORNER SUBDIVISION - FINAL PAY REQUEST - BID NO. 4019 The Board reviewed the following memo dated March 21, 1994: - DATE: MARCH 21, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTI SERVICES PREPARED -ROBERT O. WISEMEN, P.E. AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: FINAL PAY REQUEST RAINTREE CORNER SUBDIVISION IRC PROJECT NO. UW -93 -08 -DS IRC BID NO. 4019 On November 9, 1993, the Indian River County Board of County Commissioners awarded the subject project to Timothy Rose Enterprises in the amount of $24,018.00 (see attached agenda item). 43 BOOK 92 RIGE . 67 APR - 5199A J r SPR - 5 1994 B00K WE 6Q ANALYSIS The original contract amount of the project was $24,018.00. The project has been completed and accepted per Indian River County Utilities Specifications. It has been cleared for service by the Department of Environmental Protection. The final pay request, including the ten percent retainage of Payment No. 1, is $2,401.80. The Department of Utility Services recommends that the Board of County Commissioners approve the attached final pay request to Timothy Rose Enterprises. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously authorized final payment to Timothy Rose Enterprises in the amount of $2,401.80, as recommended by staff. FINAL PAYMENT REQUEST IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD MASTER PLAN CONTINUING CONSULTING SERVICES AGREEMENT FOR 1994 - WORK AUTHORIZATION NO. 5 The Board reviewed the following memo dated March 23, 1994: DATE: MARCH 23, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. PINTO DIRECTOR OF UTIL SERVICES PREPARED WILLIAMACCAIN AND STAFFED CAPITAL GINEER BY: DEP.ARUTILITY SERVICES SUBJECT: MASTER PLAN CONTINUING CONSULTING SERVICES AGREEI4ENT FOR 1994 WORK AUTHORIZATION NO. 5 INDIAN RIVER COUNTY PROJECT NO. MP -91 -18 -ST BACKGROUND On March 23, 1994 our yearly Master Plan continuing services agreement expires, and we are now coming to the Board of County Commissioners for approval of a second year of service (see attached agenda item and minutes). The proposed scope of services is as follows: 1. Model updates as required to investigate impact of new development, as requested. 44 2. Investigate transmission main rerouting scenarios as required by development changes. 3. Provide addenda -to the Master Plan based on various development scenarios. 4. -Review model files, if needed. See attached work authorization for details. ANALYSIS This work authorization for continuing services in 1994 is allowed per the original contract with Brown and Caldwell. Work Authorization No. 5 is proposed with an upper limit of $30,000.00 for 1994. Funding for Work Authorization No. 5 will be from the impact fee fund; however, investigation for developments may be recovered as part of the permitting process of those developments. The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Work Authorization No. 5 with Brown and Caldwell as submitted. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously approved Work Authorization No. 5 with Brown and Caldwell in a not -to -exceed amount of $30,000.00, as recommended by staff. WORK AUTHORIZATION NO. 5 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD SOUTH COUNTY R.O. PLANT EXPANSION, PHASE II - CHANGE ORDER NO. 1 The Board reviewed the following memo dated March 10, 1994: 45 800F 92 ma 69 L_ APR - 51994 J APP ® 5 1994 �aaK 92 -`aGE 70 DATE: TO: FROM: PREPARED AND STAFFE BY: SUBJECT: BACKGROUND MARCH 10, 1994 JAMES E. CHANDLER COUNTY ADMINISTRATO TERRANCE G. PINTO DIRECTOR OF UTIL S ICES WILLIAM F. Mc CAPITAL PRO E NEER DEPARTMENTL ITY SERVICES SOUTH COUNTY R.O. PLANT EXPANSION, PHASE II CHANGE ORDER NO. 1 INDIAN RIVER COUNTY PROJECT NO. UW -92 -31 -CO On November 10, 1992, the Indian River County Board of County Commissioners approved a contract with Wharton -Smith, Inc., in the amount of $2,345,000 for the above -referenced project (see attached agenda item and minutes). We are -now before the Board requesting approval of Change Order No. 1 with Wharton -Smith, Inc., in the amount of $6,740.85 (addition). - ANALYSIS Please see the attached spreadsheet entitled Proposed Change Order No. 1 for a specific breakdown of deductions and additions to the contract. The proposed price modifications are due to minor changes, which were necessitated during construction of the first part of the project. Changes of this nature are typical of any retrofit project such as this and amount to only 0.29% of the total project cost. (For additional details of change order, see attached back-up.) Funding for this change order will be from Account No. 474-000-169-134.00. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Change Order No. 1 with Wharton -Smith, Inc., as presented. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously approved Change Order No. 1 with Wharton -Smith, Inc., in the amount of $6,740.85, as recommended by staff. CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD PETITION WATER SERVICE IN RAINTREE CORNER SUBDIVISION (54TH AVENUE, SOUTH OF 12TH STREET) - RESOLUTION IV - FINAL ASSESSMENT ROLL The Board reviewed the final memo dated March 16, 1994: DATE: MARCH 16, 1994 TO: FROM: PREPARED AND STAFFED BY: JAMES E. CHANDLER COUNTY ADMINISTRA TERRANCE G. DIRECTOR OF JAMES D. CHAS MANAGER OF AS DEPARTMENT OF CES PROJECTS SERVICES SUBJECT: PETITION WATER SERVICE IN RAINTREE CORNER SUBDIVISION (54TH AVENUE, SOUTH.OF 12TH STREET) INDIAN RIVER COUNTY PROJECT NO. UW -93 -08 -DS RESOLUTION IV - FINAL ASSESSMENT ROLL On August 17, 1993, the Indian River County Board of County Commissioners approved Resolution III, No. 93-144, for the preliminary assessment roll on the above -referenced project. Construction of the project has been completed. We are now ready to begin customer connections and request the Board of County Commissioners' approval of the final assessment roll (see attached minutes and Resolution III). ANALYSIS The preliminary assessment was for an estimated cost of $37,247.70, which equated to $0.098649 per square foot of property assessed. The final assessment (see attached Resolution IV and the accompanying assessment roll) is in the amount of $33,209.88, which equates to a cost of $0.087956 per square foot. The staff of the Department of,Utility Services recommends that the Board of County Commissioners approve adoption of Resolution IV. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 94-49, certifying "as -built" costs for installation of water service in connection with the Raintree Corner Subdivision (54th Avenue, South of 12th Street), as recommended by staff. 47 APR - 5 1994 wK 92 P �F 71 APR - 5 1994 -7 BOOK 92 PAGE 72 As Built (Final Reso.) Raintree Corner RESOLUTION NO. 94- 4 9 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CERTIFYING "AS -BUILT" COSTS FOR INSTALLATION OF WATER SERVICE IN CONNECTION WITH THE RAINTREE CORNER SUBDIVISION (54TH AVENUE, SOUTH OF 12TH STREET), AND SUCH. OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT] PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. WHEREAS, the Board of County Commissioners of Indian River County determined that water improvements for properties located within the area of the Raintree Corner Subdivision (54th Avenue, south of 12th Street) are necessary to promote the public welfare of the county; and WHEREAS, on Tuesday, August 17, 1993, the Board held a public hearing at which time and place the owners of property to be assessed appeared before the Board to be heard as to the propriety and advis- ability of making such improvements; and WHEREAS, after such public hearing was held the County Commission adopted Resolution No. 93-144, which confirmed the special assessment cost of the project to the property specially benefited by the project in the amounts listed in the attachment to that resolution; and WHEREAS, the Director of Utility Services has certified the actual "as -built" cost now that the project has been completed is less than in confirming Resolution No. 93-144, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS I� OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. Resolution No. 93-144 is modified as follows: The completion date for the referenced project and the last day that payment may be made avoiding interest and penalty charges is ninety days after passage of this resolution. 2. Payments bearing interest at the rate of 8% per annum may be made in ten annual installments, the first to be made twelve months from the due date. The due date is ninety days after the passage of this resolution. 48 3. 4. M The final assessment roll for the project listed in Resolution No. 93-144 shall be as shown on the attached Exhibit "A." The assessments, as shown on the attached Exhibit "A," shall stand confirmed and remain legal, valid, and binding first liens against the property against which such assessments are made until paid. 5. The assessments shown on Exhibit "A," attached to Resolution No. 93-144, were recorded by the County on the public records of Indian River County, and the lien shall remain prima facie evidence of its validity. The resolution was moved for adoption by Commissioner Bird , and the motion was seconded by Commissioner —Eggert, 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 5 day of Apr i 1 , 1994. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: By •"�� �`--"`.�`"«'"�_'` . John W. Ti�i f i Jeffrey K -Barton, Clerk Chairman TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD- MEMBERSHIP CHANGES AND ALTERNATES Commissioner Eggert explained the State of Florida requires us to provide a list of members of the Transportation Disadvantaged Local Coordinating Board (TDLCB) and alternates. She asked the Board to approve the list of members which was distributed to the Board. She reported that the TDLCB has been talking with respresentatives of Yellow Cab Company about having someone from that company participate as a representative of private industry. She also mentioned that the Florida Department of Transportation has appointed Nancy Bungo and Toby Wright as member and alternate, replacing Kent Rice and Christine Heshmati, respectively. 49 goof 92 FACE 73 L- APR -5 199 J r APR - 51994 �Roow 92 rmu 74 ON MOTION by Commissioner Macht, SECONDED by Commissioner Bird, the Board unanimously approved the following list of Transportation Disadvantaged Local Coordinating Board members and alternates: Name (MPO/DOPA): Indian River County Board of County Commissioners 1840 25th Street, Vero Beach, FL 32962 The Metropolitan Planning Organization/Designated Official Planning Agency name; above hereby certifies to the following: 1. The membership of the Local Coordinating Board, established pursuant to Rule 41- 2.012(3), FAC, does in fact represent the appropriate parties as identified in the following list; and 2. The membership repreErents, to the maximum extent feasible, a cross section of the local communi SIGNATURE • nn . l . ` DATE: /f�� r REPRESENTATION MEMBER'S NAME ALTERNATE'S NAME TERM 1. CHAIRMAN Comm. Carolyn K. Eggert 1995 2. ELDERLY Jerry Ashcraft 1996 3. DISABLED Mae Arnold Neil F. Duval 1997 4. CITIZEN ADVOCATE Dr. Harry Hurst 1996 5. CITIZEN ADVOCATE/USER Leland Gibbs, Jr. 1995 6. VETERAN SERVICES Vincent McCann, Jr. Ronald Lester 1997 7. COMMUNITY ACTION Pearl Jackson Annette Johnson 1995 8. PUBLIC EDUCATION Kathleen Geyer Dr. Paul Adams 1995 9. FOOT Nancy Bungo Toby Wright 1996 10. FDHRS Frank Mueller 1997 11. FDLES Carolyn Samuel Donald Hinkle 1996 12. FDEA Kasha Owers Elizabeth Hubbard 1996 13. FAHCA Elizabeth H. Sehon Beverly Sawyer 1997 14. STATE COORDINATING COUN. Wayne McDonough Richard Saliba 1997 15. PRIVATE TRANSP. INDUSTRY Search In Pro ress 16. MASS/PUBLIC TRANSIT INDUSTRY N/A . v %= %6L&ULWwuesr.UnT. 50 W There being no further business, the meeting was adjourned at 11:28 a.m. ATTEST: <: ; �'\ '/- Q), J. arton, Clerk (r 7 Jahn W. Tippi hairman 51 a � 92 wil '15