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BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, JUNE 7, 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)
Kenneth R. Macht, Vice Chairman (Dist. 3)
Fran B. Adams ( Dist. 1)
Richard N. Bird ( Dist. 5 )
Carolyn K. Eggert ( Dist. 2 )
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
***************i********************************
9: 00 A. M. 1. CALL TO ORDER
2. INVOCATION - Rev. Richard Speck
Unitarian Universalist Fellowship of Vero Beach
3. PLEDGE OF ALLEGIANCE - James E. Chandler
4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS
7.M. Grant application - preserve/restore Kroegel Homestead
11.A. Discussion Publix in Moorings - public hearing scheduling
13.A.3 County name or "Sunshine State" on license plates
13.D Addendum to License - Air Masters R/C Club - Fairgrounds
9.B.1. Withdrawn - Feldman request for PD Special Exception Use
Approval - Lago Rey
S. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
A. Special Meeting of May 3, 1994
B. Regular Meeting of May 10, 1994
7. CONSENT AGENDA
A. Proclamation Designating June, 1994 .as Hurricane -
Awareness Month in I.R.C.
B. Acceptance of Dr. Zwemer's Resignation from
Environmental Control Hearing Board
(memorandum dated May 16, 1994)
C. Appointment of Libby Harrow to MPO Bikepath
Commission
(memorandum dated May 27, 1994)
J U M 7 1994
I
J U N 7 1994
_ 7. CONSENT AGENDA (cont'd.):
D. Appointment of Jay Smith
to
Land Acquisition
Advisory Committee
(memorandum dated May
27,
1994)
E. Release of Utility Liens
( memorandum dated May
24,
1994 )
F. Release of Utility Liens
( memorandum dated May
18,
1994 )
G. Release of County Assessment Liens
( memorandum dated May
25,
1994 )
H. Final Plat Approval for a Replat of Windsor
Blocks 18, 19, and 20
( memorandum dated May
27,
1994 )
I. IRC's Request for Site Plan Approval Extension
for Sandridge Maintenance Building Improvements
(memorandum dated May 27, 1994)
J. Public Grade Crossing License Agreement -
South Gifford Road
(memorandum dated May 27, 1994)
K. Request for Floodplain Cut and Fill Balance
Waiver for Oak Point S/D
( memorandum dated May 26, 1994 )
L. Agreement / IRC and Walter H. 8 Jean A. Smith
Temporary Water Service
( memorandum dated May 18, 1994 )
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a. m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
Steve Courtright's Request for County Allowance
of Roadside Vending of Flowers
( memorandum dated May 31, 1994 )
B. PUBLIC HEARINGS
I. David Feldman's Request for PD Special
Exception Use Approval for a 39 Lot Single
Family Planned Development to be Known as
Lago Rey
( memorandum dated May 24, 1994 )
2. Dixie Oak Manor, Inc.'s Request for Major
Site Plan Approval 6 Special Exception Use
Approval to Construct an Adult Congregate
Living Facility
( memorandum dated May 27, 1994 )
10. COUNTY ADMINISTRATOR'S MATTERS
None
L.�
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
IRC Courthouse Project HVAC Testing, Balancing
and Commissioning
( memorandum dated May 25, 1994 )
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
Request to Begin Maintenance of 77th Drive
South of Roseland Road
( memorandum dated May 18, 1994 )
H. UTILITIES
1. Green Acres S/D Water Main Assessment
Project, Final Payment Request
( memorandum dated May 19, 1994 )
2. 11th Court, SW Water Line Extension,
Final Pay Request
( memorandum dated May 23, 1994 )
3. Petition Water Service in. Green Acres
Estates (47th Ave., So. of 9th St.)
Resolution IV - Final Assessment Roll
( memorandum dated May 27, 1994).
4. Wal-Mart Developer's Agreement Amendment
( memorandum dated May 31, 1994 )
5. Water Expansion Plan Phase III/Contr. #2
Change Order No. 1 and Final Pay Request
( memorandum dated May 27, 1994 )
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A., CHAIRMAN JOHN W. TIPPIN
1. Microfilming of General Correspondence
and Committee Files
(memorandum dated May 25, 1994)
J U N 71994
JUN 7 1994
13. COMMISSIONERS ITEMS (cont'd. ):
A. CHAIRMAN JOHN W. TIPPIN (cont'd. ):
2. Request from City of Vero Beach for
Donation - Re: July 4th Celebration
(letter dated May 19, 1994)
B. VICE CHAIRMAN KENNETH R. MACHT
1. A RESOLUTION OF INDIAN RIVER COUNTY,
FL, ESTABLISHING A COMMUNITY CHILD
CARE RESOURCES TRUST FUND
2. Committee Report - Council of Public
Officials
3. Courthouse Advisory Committee Recommenda-
tion to Invite Steven Grimes, Chief Justice
of Supreme Court of FI. to Participate in
the Opening Ceremonies for the New Courthouse
4. Request to Set Public Hearing to Adopt
Ordinance Regarding Ethics
( backup provided separately)
C. COMMISSIONER FRAN B. ADAMS
D. COMMISSIONER RICHARD N. BIRD
E. COMMISSIONER CAROLYN K. EGGERT
Request to Set Public Hearing to Adopt Ord.
Regarding Commissioner Activity
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
1995 Recycling/ Education, Waste Tire, Marine
Debris E Litter Grant Applications
(memorandum dated May 24, 1994)
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.
DRAFT
Tuesday, June 7, 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, June 7, 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; Patricia Ridgely and Barbara
Bonnah, Deputy Clerks.
The Chairman called the meeting to order.
Rev. Richard Speck delivered the invocation, and County
Administrator Chandler led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Commissioner Adams requested the addition of item 7-M to the
Consent Agenda, approval of a grant application to preserve and
restore Kroegel Homestead.
Commissioner Bird requested item be added to amend the lease
of Air Masters R/C Club at the County Fairgrounds. (13-D)
Chairman Tippin requested item be added concerning county's
name or "Sunshine State" on license plates. (13-A-3)
County Administrator Chandler advised that the applicant had
requested the removal of item 9-B-1. He also requested addition of
a rescheduling of the public hearing re Publix in the Moorings.
(11-A)
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously removed
and added the above items to the Agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Special Meeting of May 3, 1994. There were
none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved the
Minutes of the Special Meeting of May 3, 1994,
as written.
BOOK
�e�
a
.9
BOOK 92 FnE 557
JUN 71994
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of May 10, 1994. There were
none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved the
Minutes of the Regular Meeting of May 10,
1994, as written.
CONSENT AGENDA
A. Proclamation - June 1994 Hurricane Awareness Month
PROCLAMATION.
DESIGNATING JUNE, 1994 AS
HURRICANE AWARENESS MONTH
IN INDIAN RIVER COUNTY
, the 1994 hurricane season begins on June 1; and
WHEREAS, the State of Florida is the most vulnerable of all
states to hurricanes and historically has had the highest
percentage of hurricanes of any state; and
WHEREAS, Hurricane Andrew in August, 1992 is well remembered
as a catastrophic hurricane causing an estimated 25 billion
dollars in damage, making it the most destructive hurricane
disaster in United States history; and
WHEREAS, Florida has the longest hurricane -prone coastline
and is the closest state to the hurricane -spawning areas of the
Atlantic Ocean, Gulf of Mexico and Caribbean Sea; and
WHEREAS, Florida has a low, relatively flat terrain
resulting in wide -scale flooding due to storm surge and heavy
rain; and
WHEREAS, Florida's population increases by more than 300,000
new residents each year, of which most prefer to join almost 80
percent of the State's population residing in vulnerable coastal
counties; and
WHEREAS,, a public that is well informed of and prepared to
respond to the dangers associated with hurricanes can reduce the
occurrence of death, injury and loss of property as a result of
hurricanes; and
WHEREAS, the Florida Department of Community. Affairs, the
Federal Emergency Management Agency, the National Weather
Service, including the National Hurricane Center and the county
emergency management agencies are dedicated to informing the
public of how to be prepared for hurricanes:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the month of
June, 1994 be designated as
HURRICANE AWARENESS MONTH
in Indian River County, and the Board urges the cooperation of
the county emergency management agencies and the media to make
efforts to -inform all residents and visitors of appropriate
safety measures that should be taken when hurricane conditions
are present.
Adopted this 7 day of June, 1994.
2
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
01
John W. T pp • , ' Chairman
B. Acceptance - Dr. Zwemer's Resianation from Environmental
Control Hearing Board
The Board reviewed the following letter dated 5/16/94.
ALLERGY & IMMUNOLOGY
RODGER J. ZWEMER, M.D.
ANATOMIC PATHOLOGY
STEVEN H. LEWIS, M.D.
CARDIOLOGY
JANET E. ANDERSON, M.D.
A. JAMES BRADLEY. M.D.
DERMATOLOGY
PATRICK T. OTTUSO, M.D.
FAMILY PRACTICE
DONALD D. BOLD. M.D.
JOSEPH A. HILL, M.D.
GARY R. SILVERMAN. M.D.
SCOTT A. SANFORD. M.O.
DONALD J. MORRIS, M.D.
GYNECOLOGY
L. KENT MERRILL, M.D.
INTERNAL MEDICINE
RALPH BRUCE GEIGER, M.D.
JEFFREY M. GROSSMAN. M.D.
STEPHEN G. RITTER. M.D.
INTERNAL MEDICINE
ENDOCRINOLOGY
JOHN E. CARROLL. M.D.
PAUL ABRAM GRAHAM, M.D.
DENISE R. TONNER, M.D.
INTERNAL MEDICINE
GASTROENTEROLOGY
GREGORY O. MACKAY. M.D.
MARC D. NEW. M.D.
INTERNAL MEDICINE
HEMATOLOGY -ONCOLOGY
MICHAEL B. ZIMMER. M.D.
INTERNAL MEDICINE
NEPHROLOGY
ARTHUR L GLASER. M.D.
INTERNAL MEDICINE
PULMONOLOGY
MICHAEL P. TONNER, M.D.
NEUROLOGY
TAMER HUSAINY, M.D.
OBSTETRICS -GYNECOLOGY
KATHARINE S. LUM. M.D.
ALLEN P. FRIEDENSTAB, M.D.
STEVEN H. LEWIS. M.D.
AUDREY L RICHARDS, M.D.
OPHTHALMOLOGY
NANCY ANN TANCHEL, M.D.
ORTHOPEDIC SURGERY
SETH D. COREN, M.D.
GUY H. HICKMAN. M.D.
DANIEL W. BENSON, M.D.
DOCTOR'
C L I N I C
r
414Y 1994
May 16, 1994
Michael Galanis —.4 �
Environmental Health Department
1900 27th Street
Vero Beach, FL 32960
Dear Mike:
DISTRIBLITI
Commissioners
Administrator
Attorney
Personnel
Public works
Community Dev.
Utilities
Finance
OMB
Emerg. Serv.
Risk Mgt.
Other —
I regret to inform you that I have decided that I should retire
as a member of the Environmental Control Hearing Board. It
is my plan to retire from practice in July and to do some
traveling. So, I don't feet that I would be available .as
needed. I have enjoyed my experiences as a member of this
board and the friends and acquaintances I have made through
this exposure.
Please contact the president of the Indian River County
Medical Society and he will appoint someone to fill my vacancy.
Best regards and I wish success to you and the board.
Sincer I ,
ffoefJ. Zwemer, M.D.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board accepted Dr.
Zwemer's resignation from the Environmental
Control Hearing Board.
JUN 71994 3
ROOK 99 r'i;a.t
JUN 7 1994
BOOK 92. PAGE 559
C. ARoointment - Libby Harrow to MPO Bikepath Commission
The Board reviewed the following memo dated 5/27/94.
To: Board of County Commissioners
From:- Janice W. Caldwell,
Administrative Assistant II
Date: May 27, 1994
Re: MPO Bikepath Commission
We have received one application to serve as the
Board's representative on the MPO Bikepath Commission. Mr.
Keating feels there is an urgent need to set up this
committee. If Libby Harrow meets with your approval, we
would request that she be appointed to this committee.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board appointed Libby
Harrow to MPO Bikepath Commission.
D. Appointment of Jay Smith to Land Acquisition Advisory Committee
The Board reviewed the following memo dated 5/27/94.
To: Board of County Commissioners
From: Commissioner Kenneth R. Macht�/%''�
Date: May 27, 1994
Re: Appointment to Land Acquisition Advisory Committee
Jay Smith has been appointed by the Board of Directors
of the Civic Association. I was informed by their
president, Bob Tenbus, by telephone. Please approve this
appointment to the Land Acquisition Advisory Committee.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board appointed Jay
Smith to Land Acquisition Advisory Committee
representing the Civic Association.
4
7-7
E. Release of Utility Liens
The Board reviewed the following memo dated 5/24/94.
TO: BOARD OF COUNTY COMMISSIONERS
ea,t.,
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: May 24, 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 Extension:
DURRELL
2. Royal Poinciana Park Water Project:
LARGETEAU
3. Shady Oaks Water Project:
BEVARD, SR.
4. Phase III Water Project:
LEVY
5. Phase II Water Project:
BAGBY/DYED
BARCUS
BERGER
BEIGEL
BISHOP
BYRD
CANTIN
CLAUSE
DEAN
DEDOMING
DICKS
DIPIETRO
DORAN
DRISCOLL
DURRELL
FENIMORE
FRANK
GIORDANO
GRAVES, JR.
GRIFFITHS
HAMILTON GROVES, INC.
HANSEN
HORNE
JOYCE
KINCHEN
KLINE(2)
LANE
MAHER, JR.
MAHER
McGOWAN/ROSSWAY
MITCHELL
NASDEO
NEVOLA
NIXON
ONEAL
PARSONS, JR..
PINA"
POLICASTRO/HAGEMANN
SABATINO
SALLETT
SCHUYLER
SCULLION
SHEPPARD
SILKWORTH
SMITH/WOODIN
SNOBERGER
STANLEY/CULMAN
SWEATT/JUELCH
TIRPAK
VAVRINEC
"VINAGRE
WASHINGTON
WOLFE
WOMACK
JUN 71994
5 BOOK
a
JUN 7 1914 bnox 92
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved the
lien releases as listed above, as recommended
by staff.
LIEN -RELATED DOCUMENTS ARE RECORDED
IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
F. Release of Utility Liens
The Board reviewed the following memo dated 5/18/94.
TOs BOARD OF
O/FF COUNTY COMMISSIONERS
()`ico" R.
FROMs Lea R. Keller, CLA, County Attorney's Office
DATEs May 18, 1994
REs RELEASE OF UTILITY LIENS
The attached lien releases are in proper form for the Board of County
Commissioners to authorise the Chairman to sign so that they can be
recorded. The names and projects ares
1. Satisfaction of Impact Fee Extensions
HAMILTON
2. Blue Cypress Lake Sewer Project:.
FLDKARTY _ SALVADOR
3. Glendale Lakes (2nd) Water Projects
COX
4. Phase I water Projects.
HAMILTON PALUCH
S. Pinewood Lane Water Projects
HICKS
6. Phase II Water Projects
ADRIANO BOMMARITO
BOSKA BRYANT
CAHILL COHEN(2)
CROFT DAVIS
DEMPSEY(3) DURTSCHE(2)
' EMANUEL III EVERHART
FLANAGAN FULLER(2)
GILCREST GRABLE, SR.
HARRIS HICKMAN
HOHLER HOLLERAN
JENKINS KALDEN
LEISMAN LUSK
MONTGOMERY NEELAN
PASCUCCI(2) ROBERTS
SELPH SICKMAN/PELTIER
SMITH SPRAGUE
SULTZMAN THAMES
TREMAIN WATSON/CUNNINGHAM
WELKER WENGREN(2)
WILLIAMS
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved the
lien releases as listed above, as recommended
by staff.
LIEN -RELATED DOCUMENTS ARE RECORDED
IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
G. Release of County Assessment Liens
The Board reviewed the following memo dated 5/25/94.
TO: The Board of County Commissioners
FROM: ancy- H. Mossali, Legal Assistant - County Attorney's Office
DATE: May 25, 1994
SUBJECT: RELEASE OF COUNTY ASSESSMENT LIENS -
ASSESSMENT PROJECT NO. 9019 (for paving and drainage)
A routine form of Release has been prepared for Assessment Project No. 9019
(paving and drainage improvements to Seagrape Drive between C.R. 510 and
Magnolia Lane in Oceanaire Heights Subdivision) to release paid assessment
liens* from the below listed properties:
° 23-31-39-00001-0010-00005.0 (Lots 5 & 6, Block A, Unit 1)
° 23-31-39-00001-0010-00007.0 (Lot 7 & South 20 feet of Lot 8, Block
A, Unit 1)
° 23-31-39-00001-0010-00008.0 (Lot 8 less South 20 feet & Lot 9,
Block A & including that portion abnd. Azalea Lane abutting Lot 9
as per IRC Res. 87-21, Unit 1)
° 23-31-39-00001-0020-00001.0 (Lot 1, Block B, Unit 1)
° 23-31-39-00001-0020-00012.0 (Lot 12, Block B, Unit 1)
° 23-31-39-00001-0020-00013.0 (Lot 13, Block B, Unit 1)
° 23-31-39-00001-0020-00014.0 (Lot 14 and N 1/2 of Lot 15, Block B,
Unit 1)
° 23-31-39-00001-0020-00015.1 (S 1/2 of Lot 15 &all of Lot 16, Block
B, Unit 1)
° 23-31-39-00001-0020-00017.0 (Lot 17, Block B, Unit 1) -
° 23-31-39-00001-0020-00018.0 (Lot 18, Block B, Unit 1)
° 23-31-39-00002-0050-00002.0 (Lot 2, Block E, Unit 2)
° 23-31-39-00002-0050-00003.0.(Lot 3, Block E, Unit 2)
°
23-31-39-00002-0050-00004.0
(Lot 4,
Block E, Unit 2)
JUN
71994
7
�ooK
92 6
JUN 7
1994
oo c 92
f,�a 663
°
23-31-39-00002-0050:00006.0
(Lot 6,
Block E,
Unit
2)
°
23-31-39-00002-0050-00007.0
(Lot 7,
Block E,
Unit
2)
°
23-31-39-00002-0050-00008.0
(Lot 8,
Block E,
Unit
2)
°
_23-31-39-00002-0050-00009.0
(Lot 9,
Block E,
Unit
2)
°
23-31-39-00002-0060-00001.0
(Lot 1
& the S.
17.5
feet Lot
2, Block
F and including that portion abnd. Azalea Lane abutting
Lot 1 as
per IRC Res. 87-21, Unit 2)
°
23-31-39-00002-0060-00002.0
(52.5 feet of Lot 2 &
all Lot
3, Block
F, Unit 2)
°
23-31-39-00902-0060-00004.0
(Lot 4,
Block F,
Unit
2)
°
23-31-39-00002-0060-00005.0
(Lot 5,
Block F,
Unit
2)
°
23-31-39-00002-0060-00006.0
(Lot 6,
Block F,
Unit
2)
°
23-31-39-00002-0060-00007.0
(Lot 7,
Block F,
Unit
2)
°
23-31-39-00002-0060-00008.0
(Lot 8,
Block F,
Unit
2)
°
23-31-39-00002-0060-00009.0
(Lot 9,
Block F,
Unit
2)
°
23-31-39-00003-0070-00001.0
(Lots 1
through 4, Block G, Unit 3)
°
23-31-39-00003-0070-00005.0
(Lot 5,
Block G,
Unit
3)
°
23-31-39-00003-0070-00006.0
(Lot 6,
Block G,
Unit
3)
°
23-31-39-00003-0070-00007.0
(Lot 7,
Block G,
Unit
3)
°
23-31-39-00003-0070-00008.0
(Lot 8,
Block G,
Unit
3)
°
23-31-39-00003-0080-00001.0
(Lot 1 and S. 35
feet
of Lot
2, Block
H, Unit 3)
°
23-31-39-00003-0080-00004.0
(Lot 4,
Block H,
Unit
3)
°
23-31-39-00003-0080-00005.0
(Lots 5
& 6, Block H,
Unit 3)
°
23-31-39-00003-0080-00008.0
(Lot 8,
Block H,
Unit
3)
It is requested that the Board authorize the Chairman to execute said
Release.
'Back-up information for the above is on file in the County Attorney's Office.
Properties herein being released from Project No. 9019 are fully described
1n the assessment roll attached to Resolution No. 92-100 recorded at O.R.
Book 943, Page 1433, Public Records of Indian River County, Florida.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved the
lien releases as listed above, as recommended
by staff.
LIEN -RELATED DOCUMENTS ARE RECORDED
IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
8
H. Final Plat Approval for Reolat of Windsor Subdivision, Blocks
18, 19, and 20
The Board reviewed the following memo dated 5/27/94.
TO: James E. Chandler
County Administrator
DIV ON HEAD CONCURRENCE:
Robert M. Keating, ICP
Community Developme t Di for
THROUGH: Stan BolinVAICP
Planning Director
FROM: John W. McCoy, AICP /J��
Senior Planner, Current Development
DATE: May 27, 1994
SUBJECT: Final Plat Approval for a Replat of Windso� Blocks 18,
19, and 20
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of June 7, 1994.
DESCRIPTION AND CONDITIONS9
The replat of Windsor Blocks 18, 19, and 20 involves the
subdivision of -a 5.7 acre section of property that is located in
the south central portion of the main Windsor Village area (see
attachment #2). The replat will re -organize the rights-of-way
within the area, add two lots, and expand the tennis tract. The
overall number of lots within Windsor will not be increased with
the two additional lots, since the density cap of the overall
Windsor PRD plan is still in force. The final plat is consistent
with the approved preliminary and conceptual PRD plans.
On February 24, 1994)the Planning and Zoning Commission granted
preliminary PD approval for a replat of blocks 18, 19, and 20.
Subsequently, a land development permit was issued. The applicant
has decided to "bond -out" for all required subdivision improvements
and to proceed with final plat approval. The developer, Windsor
Properties, Inc., through its agent Knight, McGuire & Associates,
Inc., is now requesting final plat approval and has submitted the
following:
1. A final plat in conformance with the approved preliminary PRD
plat; -
2. A certified engineer's cost estimate for the cost of
constructing the remaining required improvements;
3. A contract for construction of required improvements; and
4. A cash deposit and escrow agreement, acceptable to the County
Attorney's Office, to guarantee completion of the required
improvements.
JUN 7 1994 9 Boor 92 F�,U- 554
r
JUN 7 1994
ANALYSIS:
Bm 92 Pxu 565
The applicant has not constructed any of the subdivision.
improvements and will be bonding -out for future construction of the
required improvements. The public works department has reviewed
and approved the engineer's certified cost estimate and
corresponding cash deposit and escrow agreement amount. The county
attorney's office has reviewed and approved the submitted contract
for construction and cash deposit and escrow agreement. It
should be noted that all improvements within Windsor will be
private, with the exception of certain utilities facilities that
will be dedicated to Indian River County and will be warranted by
the Utility Services Department's "Bill of Sale" procedures.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners:
1. Grant final plat approval for the 5.70 acre replat of Windsor
blocks 18, 19, and 20; and
2. Authorize the Chairman to execute the submitted Contract for
Construction of RemaiAin:g Improvements and to execute the Cash
Deposit and Escrow Agreement that secures the contract.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board granted final
plat approval for the 5.70 acre replat of
Windsor blocks 18, 19, and 20; and authorized
the Chairman to execute the submitted Contract
for Construction of Required Improvements and
the Cash Deposit and Escrow Agreement, as
recommended by staff.
CONTRACT AND CASH DEPOSIT AND ESCROW AGREEMENT
ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
10
I. IRC's Request for Site Plan AVRroval Extension for Sandridge
Maintenance Building Improvements
The Board reviewed the following memo dated 5/27/94.
TO: James E. Chandler
County Administrator
DIV ON HEAD CONCURRENCE:
Robert eating, 1AJCP
Community Development Di for
THROUGH: Stan BolingACP
Planning Director
FROM: John W. McCoy, AICPd1#\
Senior Planner, Current Development
DATE: May 27, 1994
SUBJECT: Indian River County's Request for Site Plan Approval
Extension for Sandridge Maintenance Building Improvements
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of June 7, 1994.
DESCRIPTION AND CONDITIONS:
On May 13, 1993, the Planning and Zoning Commission granted major
site plan approval for Sandridge Maintenance Building improvements,
which includes -'a large concrete apron around the maintenance
building and equipment washdown area. The effective approval date
of the project's site plan approval was May 13, 1993 (expiration
date: May 13, 1994).
Prior to the May 13, 1994 site plan approval expiration date, the
project applicant filed a request to extend the site plan approval
expiration date. Pursuant to site plan regulations, the request
may now be considered by the Board of County Commissioners.
ANALYSIS:
Although the LDRs have been amended since the time of project
review and approval, the members of the Technical Review Committee
(TRC) concur that those amendments as might be applied to the
subject project are not significant enough to require any revisions
or redesign of the project. All TRC staff members have recently
approved the applicant's request for site plan extension.
As allowed under the provisions of the applicable site plan
requirements of the LDRs, the applicant (Indian River County Public
Works Department) is requesting a 6 month extension of the site
plan approval expiration date. Planning staff recommends that the
Board of County Commissioners consider a full 1 year extension to
ensure that the full amount of time is allowed with the one time
request. Pursuant to Chapter 914 of the LDRs, the Board of County
JUN 7 1994 11
tscox 92 pnu -586
r
JUN 71994
I
wa PxGE567
Commissioners may deny, grant or grant with additional conditions,
the requested site plan extension. Staff has no objections to the
Board granting the request since the previously approved site plan
substantially conforms to existing LDR requirements.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve the
Public Works Department's request for a one year extension of the
site plan approval. The new site plan expiration date will be May
13, 1995.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved a one-
year extension of the site plan approval to
expire on May 13, 1995, as recommended by
staff.
J. FEC Grade Crossing License Agreement - South Gifford Road
The Board reviewed the following memo dated 5/27/94.
TO: James E. Chandler,
County Administrator
CONSENT AGENDA
FROM: James W. Davis, P.E.,
Public Works Director 9AP
SUBJECT: Public Grade Crossing License Agreement
South Gifford Road
DATE: May 27, 1994 FILE: anpnc.Aaa
DESCRIPTION AND CONDITIONS
Some time back the Florida East Coast Railway(FEC) informed us they
were planning to replace the South Gifford(41st Street) railroad
crossing. At that time, a new agreement was sent for execution and
was presented to the Board. Some of the verbiage was questioned
and the agreement was returned to the FEC. Two copies of the
revised agreement has been sent for our execution.
RECOMMENDATIONS AND FUNDING
Staff recommends that the Board authorize the Chairman to execute
the attached two copies of the agreement.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved the
License Agreement with Florida East Coast
Railway Company, as recommended by staff.
AGREEMENT ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
12
K. Request for Floodplain Cut and Fill Balance waiver for Oak
Point Subdivision
The Board reviewed the following memo dated 5/26/94.
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P E.
Public Works Director
and
Roger D. Cain, P.E.
County Engineer
FROM: David B. Cox, P.E. b --
Civil Engineer
SUBJECT: Request for Floodplain Cut and Fill Balance Waiver for Oak Point Subdivision
REFERENCE: 'SD-93-09-08/LDP Application No. 93040058-007
DATE: May 26, 1994 CONSENT AGENDA
Knight, McGuire & Associates, Inc., on behalf of Sanctuary Park, Inc., the developers of Oak Point
Subdivision, is requesting a waiver of the cut and fill balance requirement of Section 930.07(2)(d)
of the Stormwater Management and Flood Protection Ordinance. Oak Point Subdivision received
preliminary plat approval from the Planning & Zoning Commission on January 13, 1994. The
project is located at the northwest corner of Indian River Boulevard and 37th Street adjacent to the
east property line of Medical Service Center Subdivision. The entire site is located in special flood
hazard area AE with a base flood elevation of 7.0 ft. N.G.V.D. and ten year flood elevation of 4.0
ft. The existing ground elevations on the site range from 4.5 ft. to 2.5 ft. The proposed
displacement of the floodplain below 4.0 ft. for which the waiver is needed is approximately 10,000
cubic yards. The displacement below the 7.0 ft. base flood elevation is estimated at 50,000 cubic
yards by the applicant's engineer in the attached letter dated March 22, 1994.
The project meets the cut and fill balance waiver criteria provided in Section 930.07(2)(d)1. of being
situated in an estuarine environment within the 100 year floodplain along the Indian River and in
staffs opinion it appears that all other Stormwater Management and Flood Protection Ordinance
requirements can be met without adverse impact on other lands in the estuarine environment.
A SJ.R.W.M.D. Management and Storage of Surface Waters Permit has been approved for the
project. An application for a Land Development Permit has been received by the Public Works
Department.
Alternative No. 1
Approve the cut and fill balance waiver request.
Alternative No. 2
Deny the waiver request and require re -design to accomplish an on-site balance of cut and fill_.
RECOINDATION
Staff recommends approval of Alternative No. 1.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved Oak
Points cut and fill balance waiver request.
JUN 7 1994 13 sof fAk 56
I
JUN 7 1994 mox 92, W 569
y L. Agreement with Walter H. & Jean A. Smith for Temporary Water
service
The Board reviewed the following memo dated 5/18/94.
DATE: MAY 18, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTIL SERVICES
PREPARED AND JAMES D. CHASTAI
AND MANAGER OF ASS S PROJECTS
STAFFED BY: DEPARTMENT OF LITY SERVICES
SUBJECT: AGREEMENT
INDIAN RIVER COUNTY AND WALTER H. AND JEAN A. SMITH
TEMPORARY WATER SERVICE
BACKGROUND
Walter H. Smith and Jean A. Smith have requested that temporary
service be installed from the water line on 58th Avenue to service
their property at 3465 58th Avenue, Vero Beach, Florida 32960, prior
to the installation of water service in Shadow Brook subdivision.
ANALYSIS
The Agreement states that the Indian River County Department of
Utility Services shall provide temporary water service to Walter H.
Smith and Jean A. Smith until such time that water service is
provided in Shadow Brook subdivision by assessment. They agree to
pay all fees required to make this connection. They further agree
to participate in the assessment by the Indian River County
Department of Utility Services.
The Department of Utility Services recommends that the Board of
County Commissioners approve the attached Agreement with Walter H.
Smith and Jean A. Smith on the consent agenda.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved the
agreement for temporary water service, as
recommended by staff.
RECORDED AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
14
r
0
M. Grant ARPlication for $500.000 to Preserve and Restore Kroegel
Homestead
The Board reviewed the following memo dated June 6, 1994:
TO; BOARD OF COUNTY COMMISSIONERS
FROM: Fran B. Adams
County Commissioned�
RE: Grant application to preserve and restore Kroegel
homestead.
The opportunity favorably exists for a $500,000 legislative grant
for the preservation and restoration of the Kroegel homestead by
the Division of Historical Resources of the Florida Department of
State. This is another spoke in the partnering wheel of this
project. U. S. Fish and Wildlife and the Timinski's are working
out the details -for appraisals and purchase. Until such time as
U. S. Fish and Wildlife have possession, the County is the
logical applicant. .There are no additional funds required by the
County.
The deadline for submitting the grant is June 15 and will go
before the legislature in February, with funding after October 1,
1995. If we miss the June 15 date, we will have to wait another
year to submit a• grant. At any time, we may withdraw the
application.,
Attached is a portion of the grant application; the balance is
available for -review in the County Commission office.
I recommend that the Board of County Commissioners approve
submittal of the grant application, and authorize the Chairman to
sign the necessary form.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved the
grant application to Florida Department of
State, Division of Historical Resources.
JUN 199415 BOOK 92 P,E'
JUN 7 1994 mox 92 mz57'1
PUBLIC DISCUSSION ITEM - STEVE COURTRIGHT'S REQUEST FOR COUNTY
ALLOWANCE OF ROADSIDE VENDING OF FLOWERS
The Board reviewed the following memo dated May 31, 1994.
TO: James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE:
c
Robert M. Rea ting AICP
Community Developy�ent 'rector
FROM: Stan Boling; -AICD
Planning Director
DATE: May 31, 1994
RE: Steve Courtright's Request for County
Allowance of Roadside Vending of Flowers
It is requested that the data presented herein be given formal
consideration by the Board of County Commissioners at its regular
meeting of June 7, 1994.
DESCRIPTION & CONDITIONS:
Mr. Steve Courtright wishes to conduct roadside flower sales on a
US #1 site near 8th Street. Recently, Mr. Courtright was informed _
by county planning staff that such a roadside sales operation is
not an allowed transient merchant use under county regulations.
Mr. Courtright then spoke with the County Administrator to arrange
to speak to the Board of County Commissioners regarding this issue.
Since the particular use described by Mr. Courtright is not allowed
in the LDRs and since the county has no authority to process or
grant a use variance, the Board would need to direct staff to
initiate an amendment to the LDRs in order to accommodate and
approve Mr. Courtright's request.
ALTERNATIVES & ANALYSIS:
•Existing Regulations
County Land Development Regulations section 972.08(4) pertains to
transient. merchant temporary use operations. This code section
specifically limits allowed transient merchants to three
classifications:
Class "A" - fruit and vegetable sales;
Class "B" - seasonal sales such as Christmas tree and fireworks
sales and other similar uses, in operation no more than 45 days
during any calendar year on any given site; and
Class "C" - satellite seafood sales (accessory to permanent retail
seafood sales stores located in Indian River County).
Moreover, subsection 972.08(4)(b) specifically exempts certain uses
from transient merchant regulations, those uses being:
16
1. curbside mobile ice cream sales
intermittent stops;
2. merchandise deliveries; and
involving
frequent,
3. mobile prepared food services catering to employees at
employment sites or patrons at permitted or otherwise legal
special events.
Retail sales are allowed in commercially zoned areas upon site plan
approval (for a permanent building facility) or as a transient
merchant use for Class "A", "B", and "C" uses previously described.
The sale of flowers from the roadside (outside of a building) does
not fall under any one of the allowed transient merchant
classifications, is not exempt from the regulations, and therefore
is prohibited.
Analysis:
Transient merchant uses are generally less desirable than
permanent, site -planned stores from the standpoint of nuisance,
hazards, traffic circulation and safety, drainage, and aesthetics.
Moreover, transient merchants have substantial economic advantages
over businesses required to locate in permanent structures at fixed
locations on sites which have site plan approval for retail sales.
As such, transient merchants, if uncontrolled, would surely
proliferate, with resulting negative impacts.
Prior to 1987, county regulations pertaining to roadside vendors
were broad and general. In 1987, the regulations were evaluated
and strengthened to provide stricter control of transient
merchants. These revised regulations were adopted based upon
extensive staff research and analysis as well as workshops and
public hearings. In 1992, the Board of County Commissioners
directed staff to allow, under certain conditions, the sale of
seafood from special state -licensed vehicles having refrigeration
and running water. Fruit and vegetable stands (Class "A" transient
merchants) remain permittable largely because of their traditional
nature and tie to the historic agricultural focus of the county.
Sales of seasonal items such as Christmas trees and fireworks
(Class "B" merchants) also have a long tradition of being allowed
within the county and are limited to 45 days per year on any given
site. Satellite seafood sales (Class "C" transient merchants) are
tied to permanent, local seafood shops and involve sales of a
traditional county product: seafood.
It is staff's position now, as it was during the 1992 discussions
about satellite seafood sales, that expanding transient merchant
use allowances (such as is requested by Mr. Courtright) would "open
the door" to virtually all types of products for sale. In the
past, both planning staff and code enforcement staff have dealt
with many persons who have wanted to sell a variety of products
from the roadside. These products have ranged from hot dogs, to
paintings and clothing, to tires (including tire changing). Based
upon inquiries of staff as well as code enforcement activity, it
appears that transient merchant activity would expand considerably
if LDR allowances were expanded. This is not an unreasonable
expectation, given the generally low initial investment needed for
a transient merchant operation compared to the investment necessary
for a permanent retail facility.
When the transient merchant ordinance was assessed and revised in
1987, and again in 1992, these and other issues were considered.
Also at those times, staff contacted other local governments to
determine their regulations. These surveys showed that many other
JUN 7 1994 17 8611f 9, 2 � �f,�
JUN 71994 mox 92 fxaS73
counties have strict limitations- on roadside sales, although
enforcement of such limitations may be lax. Other than seasonal
sales and the sale of agricultural products from agriculturally
zoned property, roadside retail sales were generally prohibited by
code in most counties.
It is staff's position that current county regulations are
sufficiently permissive, maybe too much so. Even with existing
temporary use permit requirements, transient merchant sales have
certain safety and aesthetic constraints. Also, because of
negligible initial investment and marginal overhead costs,
transient merchants have financial advantage over other retail
stores for which site plan approval has been obtained. In fact,
the tradition of allowing county -grown resources to be sold along
the roadside is the only apparent justification for retaining the
allowance for the transient merchant uses already allowed. Staff
feels that the transient merchant sales allowance should not be
expanded.
Alternatives
The Board of County Commissioners has several alternatives in
addressing the matter at hand. These include:
1. Leaving county regulations as they are, and thereby continuing
to prohibit roadside sales of flowers in the county;
2. Modifying county regulations to allow for the addition of a
transient merchant classification for flower 'sales (only);
3. Modifying county regulations to allow for the sale of any
types of products as a transient merchant use;
4. Modifying county regulations to eliminate on-going transient
merchant operations, allowing only seasonal transient
merchants; or
5. Modifying county regulations to eliminate entirely the
allowance of new transient merchant sites in the county
(grandfathering -in or amortizing existing sites); or
Modifying county regulations to eliminate entirely the
zllowance of transient merchant use in the county.
'ATION:
.:ommends that the Board of County Commissioners .leave the
.s transient merchant regulations as they are, and thereby
ambit roadside flower sales in the unincorporated county.
Planning Director Stan Boling outlined the various roadside
vending regulations and advised that vending of flowers was not an
allowed transient merchant use under County regulations. He
recommended the regulations not be changed.
Stan Courtright stated that after 6 successful months of
roadside sales he was informed he had to discontinue doing
business.
18
s � �
The Board questioned staff and discussed the evolution of the
current regulations, problems with ingress and egress, traffic
safety factors, possibility of pre -holiday sales, and fairness to
merchants who purchased licenses and paid overhead to maintain
their businesses.
Staff was directed to review the regulations so that any
ambiguities could be addressed and corrected.
MOTION WAS MADE by Commissioner Eggert,
SECONDED by Commissioner Bird, that the Board
deny Mr. Courtright's request.
Under discussion, Commissioner Macht asked if it would be
subject to challenge and Attorney Vitunac advised that it would
present greater problems if allowed.
THE CHAIRMAN CALLED FOR THE QUESTION. The
motion carried unanimously.
PUBLIC HEARING - DAVID FELDMAN'S REQUEST FOR PD SPECIAL EXCEPTION
USE APPROVAL FOR A 39 -LOT SINGLE FAMILY PLANNED DEVELOPMENT TO BE
KNOWN AS LAGO REY
Item withdrawn at applicant's request.
PUBLIC HEARING - DIXIE OAK MANOR, INC.'S REQUEST FOR MAJOR SITE
PLAN APPROVAL & SPECIAL EXCEPTION USE APPROVAL TO CONSTRUCT AN
ADULT CONGREGATE LIVING FACILITY
The hour of 9:05 a.m. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
JUN 7 1994 19 ma PAGE 574
I
JUN 71,094
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Reach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who an oath
says that he la Business Manager of the Vero Beach Preas•Joumal, a dairy newspaper published
at Vern Indian Rtm County. Florida: that the attached copy of advertisement, being
a7 � —
In the matter of �& "GG;//
In the Court, was pub.
fished M said newspaper In the Issues of
Affiant Wither says that the said Vero Beach Press•JOumel ie a newspaper published at
Vero Beach, In said Indian River County, Florida, mid that the sold newspaper has heretofore
been continuously published in said Indian Ricer County, Florida. each dally and has been
entered as Mond class mail 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 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
advv. In the said newspaper.
1'cmtagraltb gyQsl bed before rrl6 this. ,t'9y/of ! A.D. 19
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Chambers of the County Adr�stratbn Buid-
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merle, which Includes testinv ny Fad evidence upon
which the an IS"
ANYONE VNHO NEEDS A SPECIAL ACCOMMODA-
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OCUNTY'S AMERICANS WITH DISASi tTIES ACT
=COORDINATOR AT 5674MW X223 AT
L�EyAST 48 HOURS IN, ADVANCE OF THE MEET a
.MS." 1
. M M RIVER COUNTY -
BOARD OF COUNTY COMMISSIONERSBY-Si
May 18,1994,bhm W. Tlppin, Chairmen 11Xit>335
Planning Director Stan Boling presented the request
outlined in the following memo and recommended approval.
TO: James E. Chandler
County Administrator
HEAD CONCURRENCE:
V
swa✓Qs r i'J• AGQlriily,
Community Dgvelopm
THROUGH: Stan Boling,r IICP
Planning Director
FROM: Eric Blad /%�
Staff Plan�ie , Current Development
DATE: May 27, 1994
SUBJECT: Dixie Oak Manor,• Inc. Is Request for Major Site Plan
Approval and Special Exception Use Approval to Construct
an Adult Congregate Living Facility
[SP-MA-94-06-221IRC #94030071-001]
It is requested that the data herein presented. be given formal
consideration by the Board of County Commissioners at its regular
meeting of June 7, 1994.
DESCRIPTION AND CONDITIONS:
Mosby and Associates, Inc., on behalf of Dixie Oak Manor, Inc., has
submitted an application for major site plan approval and special
exception use approval to construct an adult congregate living
facility (ACLF) for the elderly. The subject site is located 'at
20
M M
6410 Old Dixie Highway, approximately 1/10th of a mile south of
65th Street on the east side of Old Dixie Highway. The subject
site is located within a CL zoning district. Consequently, special
exception use approval must be granted by the county for the
proposed adult group home care facility.
The applicant has proposed a 19 bed facility to serve elderly
residents. This is equivalent to a level III group home, as
defined by county land development regulations. The applicant has
applied for, but has not received, applicable HRS permits as of
this date. Therefore, staff will ensure that the licensed capacity
permitted by the Department of Health and Rehabilitative Services
(HRS) is compatible with the proposed site plan.
At its April 28, 1994 meeting, the Planning and Zoning Commission
voted unanimously to approve major site plan application subject to.
the Board of County Commissioners approval of the special exception
request and to recommend that the Board of County Commissioners
approve the special exception use request, as recommended at the
end of this report. Pursuant to section 971.05 of the LDRs, the
Board of County Commissioners is now to consider the
appropriateness of the requested use based on the submitted site
plan and suitability of the site for that use. The Board may
approve, approve with conditions or deny the special exception use
request. The County may attach any conditions and safeguards
necessary to mitigate impacts and to ensure compatibility of. the
use with the surrounding area.
ANALYSIS:
1. Zoning Classification: CL, General Commercial
2. Land Use Designation: C/I, Commercial/Industrial
3. Surrounding Land Use and Zoning:
North: Vacant/CL
South: Vacant/CL
East: Grove/CL
West: Old Dixie Highway, Vacant/IL
4. Total Area of Site: 36,543 sq. ft. or 0.84 acres
5. Density:
Maximum: 20 persons on this site
Proposed: 19 persons on this site
To ensure compatibility with surrounding land uses, the number
of persons utilizing a group home is referred to as the land
use intensity. Since. the subject site lies within the CL
zoning district, the land use intensity is derived by using
the densities allowed in the RM -8 district (Residential Multi -
Family at 8 units per acre). Land use intensity is then
calculated by applying the criteria in section 971.18(e)(2) of
the county's land development regulations. For this project,
the maximum number of residents is: (.84 acres"X 8 units/acre)
% 2 persons 8 1.5 = 20 residents maximum.
6. Building Area: Existing: 3,044 sq. ft.
Proposed: 6,424 sq. ft.
The existing structure on the site will be demolished and
removed from the site.
JUN 7 1994
21 ``T
ex 92 a
7. Total Impervious Surface: 10,494 sq. ft.
The removal of the existing 3,044 square foot structure will
result in a net increase of 7,450 square feet of new
impervious surface.
S. Open Space: Required: 25.0%
Provided: 69.7%
9. Parking: Required: 10 parking spaces
Proposed: 11 parking spaces
10. Traffic Circulation: Access to the facility will be via a
single two-way driveway to be located in the southern third of
the site's Old Dixie Highway road frontage. The county
traffic engineering division has approved the traffic
circulation plan.
il. Stormwater Management: The stormwater management plan has
been approved by the public works department, and a Type "A"
stormwater permit will be issued.
12. Landscape Plan: Proposed development on the site has been
designed in a manner that will preserve the majority of mature
trees on the site. The landscaping plan is in conformance
with Chapter 926 of the land development regulations.
13. Utilities: County potable water and wastewater services are
not available to the site at this time. Therefore, the
applicant must execute a Developer's Agreement with county
utilities in regards to future connections to county potable
water and wastewater systems.
14. Health and Rehabilitative Services (HRS): The Environmental
Health Services Unit for the county has no objection to the
proposed site plan application or the special exception use
approvals. Prior to the release of the approved site plan for
construction, the applicant must apply for and receive the
applicable HRS permits for a septic system and well.
15. Environmental Issues: No uplands preservation or wetlands
requirements apply. Environmental planning staff have no
objection to the site plan approval.
16. Dedications and Improvements: In order to provide the 80'
ultimate right-of-way width for Old Dixie Highway, 14' of
additional right-of-way will be needed from the site. The
Public Works Department, however, does not desire to purchase
the additional right-of-way at this time. Consequently, the
developer has been advised that a future right-of-way purchase
may result in site nonconformities, although the proposed site
plan does accommodate such future right-of-way acquisition.
A sidewalk is required along the site's Old Dixie Highway
frontage, and such a sidewalk segment is depicted on the site
plan.
17. Specific Land Use Criteria: The applicant must satisfy all
applicable criteria for an adult home care facility. The
group home specific land use criteria are as follows:
(d) Criteria for group homes: Levels I, II, and III,
residential centers, and adult congregate living
facilities. Group homes shall be distinguished by their
resident capacity as follows:
22
1. Level I group home or ACLF, up to eight (8)
residents including caretaker(s) per shift);
2. Level II group home or ACLF, up to twelve (12)
residents including caretaker(s) per shift;
3. Level III group home or ACLF, up to twenty (20)
residents including caretaker(s) per shift; and
4. Residential centers or ACLF (not Level I, II, or
III), twenty-one (21) or more residents including
caretaker(s) per shift.
(e) Those group homes or ACLFs whose residents are*service-
dependent persons requiring special protection or
custodial care in order to meet their emotional and/or
physical -needs must meet all licensing requirements from
the Department of Health and Rehabilitative Services of
the State of Florida.
1. The use shall satisfy all applicable regulations of
the- State of Florida and Indian River County as
currently exist;
2. The approving body shall determine that the
proposed use is compatible with the surrounding
neighborhood in terms of intensity of land use. As
a measure of land use intensity, the expected
number of persons per acre of the proposed use is
equivalent to the number of persons per acre
allowed within the respective zoning district. The
number of persons per acre within the zoning
district can be derived by multiplying the density
(d.u./acre) by household size estimates for that
structure type. For the purposes of this section,
the following household size estimates shall apply:
single family homes, 2.5 person per dwelling unit;
multiple family, 2.0 persons per dwelling unit. The
persons per acre intensity of the group home shall
not exceed one and one-half (1}) times the
intensity of adjacent residential zoning
district(s).
3. To avoid unsafe or unhealthy conditions that may be
produced by the overcrowding of persons living in
these facilities, a minimum floor area per person
shall be required. Floor area requirements shall be
measured from interior walls of all rooms including
closet space.
a. Total interior living space. A minimum of two
hundred (200) square feet of interior living
space shall be provided per facility resident.
Interior living space shall include sleeping
space and all other interior space accessible
on a regular basis to all facility residents.
b. Minimum sleeping areas. A minimum of eighty
(80) square feet shall be provided in each
sleeping space for single occupancy. A minimum
of sixty (60) square feet of sleeping space
shall be provided for each bed in a sleeping
space for multiple occupancy.
C. Bathroom facilities. A full bathroom with
toilet, sink and tub or shower shall be
AA�� 7provided for each five (5) residents.
X009, 92 �A'u 7
IN
'M ox 9, 2 a a 57
4. To avoid an undue -concentration of group care
facilities in one area, all such facilities shall
be located at least one thousand two hundred
(1,200) feet apart, measured from property line to
property line.
5. If located in a single-family area, the home shall
have the appearance of a -single-family home.
Structural alterations or designs shall be of such
a nature as to preserve the residential character
of the building.
6. If located in the AIR -1 zoning district, the site
shall have an L-1 land use designation.
7. The facility shall satisfy all applicable off-
street parking requirements of Chapter 954. The
facility shall meet or exceed all open space•
requirements for the respective zoning district.
S. The maximum capacity of such facilities shall not
exceed the applicable number permitted by the
department of health and rehabilitative services.
9. Group home permits are transferable. If the type of
resident/client changes or the resident capacity
increases to such an extent that it would raise the
facility to a higher level group home as
distinguished by the definition, the facility must
be reevaluated for an administrative permit or
special exception approval.
Staff has verified that the site plan application satisfies
all of -the applicable specific land use criteria.
RECOMMENDATION:
Based on the analysis performed, staff recommends that the Board of
County Commissioners grant special exception use approval for the
proposed project, subject to the following condition:
1. That prior to site plan release, the applicant shall provide
documentation to planning staff indicating the HRS licensed
capacity (number of beds) of the facility for which the
applicant has applied to the State Health and Rehabilitative
Services (HRS).
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
public hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
granted special exception use approval for the
proposed project, subject to the following
condition: that prior to site plan release,
the applicant shall provide documentation to
planning staff indicating the HRS licensed
capacity (number of beds) of the facility for
which the applicant has applied to the State
Health and Rehabilitative Services (HRS).
24
I
DISCUSSION - PUBLI% IN MOORINGS - PUBLIC HEARING SCHEDULING
Community Development Director Bob Keating recounted the
historical process of the proposed Publix Market in the Moorings
and advised that the applicant recently made major changes and a
different site plan is under review by his department. He
recommended that the hearing before the Board scheduled for June 21
at the Vero Beach High School be rescheduled to July 12 to allow
time for this to. go before the Planning & Zoning Commission.
Director Keating advised that Warren Dill, .attorney
representing Moorings residents, has filed an appeal regarding the
definition of a supermarket compared to a grocery store, which will
be held before Planning & Zoning this Thursday evening. An appeal
of that appeal is expected to come to the BCC in July.
William Koolage, it Vista Garden Trail, expressed frustration
as to why commercial projects were not considered and planned in
the initial platting of a new development, because planning ahead
would avoid problems of this nature.
The Board agreed to hold the hearing at 9:00 a.m., Tuesday,
July 12, 1994, at the Vero Beach High School Auditorium.
IRC COURTHOUSE PROJECT HVAC TESTING. BALANCING AND COMMISSIONING
The Board reviewed the following memo dated May 25, 1994.
DATE: MAY 25, 1994
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T: "SONNY" DEAN, DIRECTO
DEPARTMENT OF GENERAL SERVICES
SUBJECT: INDIAN RIVER COUNTY COURTHOUSE PROJECT
HVAC TESTING, BALANCING AND COMMISSIONING
r
BACKGROUND:
To meet requirements of the specifications and to insure that the
HVAC system is functioning as designed in the new courthouse,
testing and balancing of that system is required. In conjunction
with the testing and balancing, our Indoor Air Quality (IAQ)
consultant on this project, recommended that prior to occupancy a
"Commissioning Phase" be performed. This consists of running the
HVAC system for approximately thirty days and perform IAQ tests to
ascertain humidity, temperatures, and air quality through out the
building. The last tests to be performed six months after
occupancy.
P
`-
Boon
moo 92%E 581
A Request For Proposals was prepared by Gee & Jenson our IAQ
consultant, Centex Rooney, our Construction Management firm, and
Indian River County staff. There were sixteen RFP's sent out with
only three responses. The following is a list of responding
companies and their bid price:
The Phoenix Agency, Inc. $ 89,600
Test and Balance Corp. 127,500
Bailey Engineering Corp. 206,389
A background check was performed on the low bidder, The Phoenix
Agency, Inc., and results indicate this company has a good record.
This writer met at the job site with Rooney personnel and Steve
Young, of Phoenix, for a tour of our building and to be sure Mr.
Young understood the scope of work. We also met with the general
contractor on the courthouse and his mechanical subcontractors to
ascertain a schedule of the proposed work.
In their proposal Phoenix also recommended the following two
alternates beyond the scope of work called for in the RFP:
1. Installing humidity sensors in the return air of each air
handling unit, connected to the Johnson control system,
to provide constant monitoring of the humidity and allow
early detection of problems. This was an additional
$5000 and installation would be by the mechanical
contractor.
2. Train the County's maintenance personnel in the HVAC
systems operation in conjunction with the training
provided by the controls contractor. This was an
additional $1800.
Staff negotiated a contract with The Phoenix Agency at a price not
to exceed $85,000. Included in this price is Alternative 2,
training of personnel, at no additional cost.
Staff recommends Board approval of a contract with The Phoenix
Agency, Inc. at a cost not to exceed $85,000 including the training
(Alternate 2). It is also recommended that the Board approve a -
Change Order for installation of humidity sensors as per Alternate
1 and authorize their Chairman to execute the applicable documents.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously
approved a contract with The Phoenix Agency,
Inc., at a cost not to exceed $85,000
including the training (Alternate 2);
authorized a change order for installation of
humidity sensors as per Alternate 1; and
authorized the Chairman to execute the
applicable documents.
CONTRACT IS ON FILE IN THE
OFFICE OF CLERK TO THE BOARD
26
REQUEST TO BEGIN MAINTENANCE OF 77TH DRIVE SOUTH OF ROSELAND ROAD
The Board reviewed the following memo dated May 18, 1994:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.'
Public Works DirectoY
SUBJECT: Request to Begin Maintenance of 77th Drive
South of Roseland Road (1/8 mile)
REF. LETTER: Rebecca Ours to Fran Adams dated
January 14, 1994
DATE: May 18, 1994 FILE: 77DR.AGR
DESCRIPTION AND CONDITIONS
Ms Rebecca Ours has requested that the County assume maintenance of
Drive south of Roseland Road(1/8 mile). Staff has reviewed this requr
performed the standard numerical evaluation of criteria for accept
grading unimproved roads. Staff usually recommends that a mini*
points be assigned to justify grading.
RECOMMENDATIONS AND FUNDING
Since the minimum of 75 points was met, staff recommends the additi.
Drive south of Roseland Road be added to the grading route in North
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously
approved the addition of 77th Drive south of
Roseland Road to the grading route in North
County.
JUN 71994 27 Boa 92 'ma 5S2
JUN l 1994BOOK `9*2 ia&E580
GREEN ACRES SUBDIVISION WATER MAIN ASSESSMENT - FINAL PAYMENT
REQUEST - DRIVEWAYS, INC.
The Board reviewed the following memo dated May 19, 1994:
DATE: MAY 19, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILI Y ERVICES
PREPARED ROBERT O. WISEMEN, P.E.
AND STAFFED ENVIRONMENTAL ENGINEER 1?4W
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: GREEN ACRES SUBDIVISION WATER MAIN ASSESSMENT PROJECT
INDIAN RIVER COUNTY PROJECT NO. UW -93 -24 -DS
FINAL PAYMENT REQUEST
On April 5, 1994, the Board of County Commissioners approved and
awarded the contract for construction of the above referenced
project to Driveways, Inc., Titusville, Florida, in the amount of
$15,649.00.
ANALYSIS
Per Indian River County standards and specifications, construction
has been completed and accepted. The new line has been
pressure -tested, disinfected, and also cleared for service by the
State of Florida, Department of Environmental Protection. A
payment in the amount of $13,251.60 was made to the contractor after
the job was 94% complete. The contractor has submitted a final
payment request, including 10 % retainage, to -be approved by the
Board of County Commission in the amount of $2,397.40.
RECOMMENDATION
The staff of the Department of Utility Services recommend approval
of the final payment to Driveways, Inc., in the amount of $2,397.40
for services rendered.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
approved the final payment to Driveways, Inc.,
in the amount of $2,397.40 for services
rendered.
FINAL PAYMENT REQUEST IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
28
11TH COURT, SW WATER LINE EXTENSION, FINAL PAYMENT REQUEST
The Board reviewed the following memo dated May 23, 1994:
DATE: MAY 23, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PI
DIRECT ES
PREPARED H. D. , P...
AND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: 11TH COURT, SW WATER LINE EXTENSION
INDIAN RIVER COUNTY CONTRACT 04007, WITH
DRIVEWAYS, INC.
WORK AUTHORIZATION #22, FINAL PAY REQUEST
On April 5, 1994, the Board of County Commissioners approved the
subject work authorization in the amount of $9,010.00, of which
$5,000.00 was for labor. (See attached)
ANALYSIS
The work has been accomplished, the line has been satisfactorily
pressure tested, chlorinated, and sampled. -
The Department of Utility Services recommends payment of the attached
pay request in the amount of $4,965.84 to Driveways, Inc., as payment
in full for services rendered.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
approved final payment request in the amount
of $4,965.84 to Driveways, Inc., as payment in
full for services rendered, as recommended by
staff.
FINAL PAYMENT REQUEST IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
JUN 71994 29 866 w 584
0,
JUN 7 1994
Boas
PETITION WATER SERVICE IN GREEN ACRES ESTATES (47TH AVENUE, SOUTH
OF 9TH STREET) - RESOLUTION IV - FINAL ASSESSMENT ROLL
The Board reviewed the following memo dated May 27, 1994:
DATE: MAY 27, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PI 0
DIRECTOR OF L CES
PREPARED JAMES D. CHAST
AND STAFFED MANAGER OF ASSESSMENT PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: PETITION WATER SERVICE IN GREEN ACRES ESTATES
(47TH AVENUE, SOUTH OF 9TH STREET).
INDIAN RIVER COUNTY PROJECT NO. UW -93 -24 -DS
RESOLUTION IV - FINAL ASSESSMENT ROLL
BACKGROUND
On January 11, 1994, the Indian River County Board of County
Commissioners approved Resolution III, No. 94-09; 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 $34,059.48,
which equated to $0.071678 per square foot of property assessed.
The final assessment (see attached Resolution IV and the
accompanying assessment roll) is in the amount of $22,628.69, which
equates to a cost of $0.0476218 per square foot.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve adoption of Resolution IV.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
adopted Resolution 94-73, certifying "as
built" costs for installation of water service
in Green Acres Subdivision.
30
he Built (Final Reso.)
• RESOLUTION NO. 94- 73
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CERTIFYING "AS -BUILT" COSTS FOR INSTALLATION OF
WATER SERVICE IN GREEN ACRES SUBDIVISION (47TH
AVENUE SOUTH OF 9TH 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 Green Acres Subdivision (47th Avenue south of 9th Street) are
necessary to promote the public welfare of the county; and
WHEREAS, on Tuesday, January 11, 1994, 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. 94-09, 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. 94-09,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. Resolution No. 94-09 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.
3. The.final assessment roll for the project listed in Resolution No. ®`
94-09 shall be as shown on the attached Exhibit "A."
J U 7 1994 31 bm 92rkE58
609
Not 92 fAaS8 d
4. 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.
94-09, 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 Eggert
and the motion was seconded by Commissioner Adams , and, upon being
put to a vote, the vote was -as follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and
adopted this _L day of June , 1994.
1� t: — ltk�
k:.
Jeffre K. Barton Clerk
., z.C.
Attachment: ASSESSMENT ROLL
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
B. �1-
John W. T' n
Chairman
32
W
WAL-MART DEVELOPER'S AGREEMENT AMENDMENT
The Board reviewed the following memo dated May 31, 1994:
DATE: May 31, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PIN O
DIRECTOR OF UT L ICES
PREPARED WILLIAM F.
AND STAFFED CAPITAL ECTS ENGINEER
BY: DEPAR OF UTILITY SERVICES
SUBJECT: WAL-MART DEVELOPER'S AGREEMENT AMENDMENT
INDIAN RIVER COUNTY PROJECT NO. CDC/CCS-468
On January 18, 1994, the Indian River County Board of County
Commissioners approved a developer's agreement with Wal-Mart for
the construction of off-site Master Plan Utilities (see attached
agenda item and minutes). The installation of a master planned
water transmission main within Indian River Farms Water Managment
District's right-of-way was part of the developer's agreement with
Wal-Mart. As a result of permit conditions by the Indian River
Farms Water Management District, (ie., the clearing of the entire
canal right-of-way along the water main's route) we must amend our
agreement and increase the reimbursement to Wal-Mart.
ANALYSIS
The original approved cost in the developer's agreement was
$162,708.50. The construction cost of the project has been reduced
by $15,976.94. (See details in letter attached) However, the
required clearing, based on several quotes is $35,000.00. This will
increase the amount in the developer's agreement to $181,731.56; an
increase of $19,023.06. We are now in before the Board to request
approval of the additional monies so that the project may be
finaled out.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the expenditure of $19,023.06
of additional funds as presented above.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert,. the Board unanimously
approved expenditure of $19,023.06 of
additional funds as stated in the memorandum.
JUN 71994 33 Box 9.2a
J U N 7 1994 '80ex rJ'8
WATER EXPANSION PLAN PHASE III/CONTRACT #2 CHANGE ORDER NO. 1 AND
FINAL PAY REQUEST
The Board reviewed the following memo dated May 27, 1994:
DATE:
TO:
FROM:
PREPARED
AND STAFFED
BY:
SUBJECT:
MAY 27, 1994
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
TERRANC PIN
DIRECT UT ES
H. D. 1931JI011 OSTER, P. E.
ENVIRONMENTAL ENGINEER
DEPARTMENT OF UTILITY SERVICES
WATER EXPANSION PLAN PHASE III/CONTRACT 12
IRC PROJECT NO. UW -91 -15 -DS
CHANGE ORDER NO. 1 AND FINAL PAY REQUEST
On June 22, 1993, the Indian River County Board of County Commissioners
approved the subject project. (See attached agenda item and minutes)
The total estimated cost approved for Phase III was $2,166,044.27,
which included a $411,525.20 estimate of Contract 2. On October 23,
1993, the contract was awarded in the amount of $294,911.09.
Construction of the subject project has been completed, and the
contractor, Driveways, Inc., of Titusville, Florida has made
application for final payment. (See attached change order and pay
request).
ANALYSIS
All Indian River County requirements have been met, final certification
has been submitted to the Department of Environmental Protection, and
clearance has been received.
The original contract price was $294,911.09. Change Order No. 1, which
decreases the contract price by $31,445.01 results in a final contract
price of $263,466.08. The change order was necessary due to less
sod restoration than anticipated and minor field adjustments. The
contractor has previously billed $226,401.48 leaving a balance of
$37,064.60.
RECOMMENDATION
The Department of Utility Services recommends the approval of Change
Order No. 1 and of the final payment request of $37 0
64.60 as payment
� P Ym � P ym
in full for services rendered.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
approved Change Order No. 1 and final payment
request of $37,064.60 to Driveways, Inc., as
payment in full for services rendered, as
recommended by staff.
CHANGE ORDER NO. 1 IS ON FILE IN THE
OFFICE OF THE CLERK, TO THE BOARD
34
MICROFILMING OF BCC GENERAL CORRESPONDENCE AND COMMITTEE FILES
Alice White, Executive Aide, made the following presentation:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Alice E. White
Executive Aide
RE: Microfilming of general correspondence and committee
files
DATE: May 25, 1994
I attended a Records Management Seminar recently, and from that
seminar I learned that we do not have any records in this office
that are required to be kept for longer than 3 years, except for
quasi-judicial cases that are not closed in that time.
In the past, we have microfilmed our records simply as a courtesy
for other departments who have a problem finding their records.
In the past 12 months, my staff and I have researched items a
total of 5 time$.
We are also having trouble getting the rolls to go through our
reader. The film is so thin, it curls and won't let the rollers
in the machine grab it. I have tried as many as 20 times before
I could get the machine to take the tape.
It costs .several thousand dollars to microfilm the records, and
takes several weeks of doing nothing but purging files and
getting them ready for microfilming. If the Board feels that we
should continue to do this, we will comply, however, I must say
that I feel it is a lot of money to spend and very time consuming
for no reason other than having records available when the other
departments cannot find their copies. As stated previously, the
legal requirements for keeping our records is no longer than 3
years in most cases, 1 year in others.
Please let me know what action you would like me to take.
Mrs. White advised that not everything is on computer disks
and that committee minutes are required to be kept 3 years.
Commissioner Eggert suggested that we keep records for only 3
years.
Attorney Vitunac advised that if the records are not going to
be kept for longer than 3 years, department heads will have to be
notified.
Commissioner Macht felt the microfilming is too time consuming
and too expensive considering the purpose served.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously
approved the recommendation to discontinue
microfilming correspondence and committee
minutes, but directed that correspondence be
kept for 3 years and that committee minutes be
saved for at least 5 years.
The Board asked Mrs. White to bring this matter back if space
becomes a problem.
35
8cm
JUN 71994 VOK 9 2 rPAEbo' ' I
® REQUEST FROM CITY OF VERO BEACH FOR DONATION - RE: JULY 4TH
CELEBRATION
The Board reviewed the following letter from T. R. Nason, City
Manager/Utilities Director of the City of Vero Beach, dated May 19,
1994.
John Tippin, Chairman
Board of County Commissioners May 19, 1994
Indian River County
1840 25th Street
Vero Beach, FL 32960
Dear John:
The City of Vero Beach, in cooperation with the Indian River County Fire District, is
planning a gala Fourth of July celebration at Riverside Park. This year, the City
Council has agreed to donate $2,500 towards the fireworks' display, along with
providing for the police protection and traffic control, free -of -charge, for this event.
Additionally, the City is sponsoring one of the bands during this event. Inasmuch as
this celebration is for all people within the City and surrounding area, we would
appreciate your consideration of a donation to offset the costs associated with
providing the music, fireworks and other activities that are planned to ensure a joyous
July 4th for all of our citizens.
If you would like further information or would like a presentation from me at one of
your Commission Meetings, I would be happy to do so. Your kind consideration of
this matter is appreciated.
Very truly yours,
City Manager Nason invited one and all to a _party scheduled on
Friday, June 10, 1994, in Pocahontas Park to celebrate the 75th
Birthday of the City of Vero Beach.
Commissioner Adams felt we also should give $2,500 to
Sebastian for their celebration, and the other Board members agreed
that this cost would be justified this year because the
celebrations will be tied in with the D -Day 50th Anniversary
Remembrance.
OMB Director Joe Baird recommended funding to come from the
MSTU rather than the Tourist Development Council.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
approved funding from MSTU in the amount of
$2,500 to both the City of Vero Beach and City
of Sebastian (total $5,000) for 4th of July
36
r
COUNTY NAME OR "SUNSHINE STATE" ON LICENSE PLATES
The Board reviewed the following letter and proposed ordinance
from Fla. Dept. of Highway Safety and Motor Vehicles:
April 26, 1994
TO: All Florida Tax Collectors
FROM: Charles J. Brantley, Director O
Division of Motor Vehicles
SUBJECT: County Name or "Sunshine State" on License Plates
An opportunity is being given to the commission of each county to
determine whether the county name will remain on the license plate or be replaced with
the logo "Sunshine State." Our legal staff has drafted a generic ordinance which can be
used by all counties to record the vote of the respective commissions.
As both the agent for the department and an affected party, will you please
handle this matter with your commission and return to me a copy of the executed
ordinance. It would be helpful if we could get this completed by September 1, 1994.
Thank you for your assistance.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously
approved retaining Indian River County on
license plates.
RESOLUTION ESTABLISHING A COMMUNITY CHILD CARE RESOURCES TRUST FUND
Commissioner Macht explained that this proposed resolution
will enable the County to receive and hold in trust funds from the
Community Child Care Resources, which was tentatively approved in
the joint meeting with the School Board on May 3, 1994.
Commissioner Adams asked if this is something that should be
established by the School Board, but Commissioner Macht explained
that ultimately the aim is to obtain a 501(c)3 (certain non-profit
status under Internal Revenue Code) and to hold the funds in trust
for that organization. In the meantime, funds are becoming
available and a mechanism is necessary to hold them in trust. The
plan itself has been distributed to the Commissioners and will be
on next week's agenda.
Commissioner Adams asked if "shall" would be a better word
than "may" with regard to the line item.
Attorney O'Brien explained the idea is that there would be a
line item to consider each budget year as to whether you wanted to
put any money in this trust .fund. Right now, it is a tax
deductible contribution under Section 170 of the Internal Revenue
Code.
J U 7 1994 3 7 8.09 92 aa 502
Commissioner Eggert wished these two items had come to the
Board on the same Agenda, because she questioned committing any
money to the trust fund before the plan is approved.
Commissioner Adams asked if we would have to adopt another
resolution to take a contribution out of the budget, but Attorney
O'Brien pointed out that a resolution is not like an ordinance. It
is not cast in concrete, and if you don't approve the program, you
would just set aside the resolution.
Commissioner Macht explained that the role established by this
resolution is simply the harboring of trust funds. There's no
other implication in it and there is no reason for delaying it. We
have a lot of very busy people working very hard on this projection
the basis of this Board's authorization, and he didn't believe they
would appreciate a lot of caveats being thrown in over trivial
technicalities.
Commissioner Eggert stated she was in support of the program
but wanted to give it full consideration before doing anything
else.
Commissioner Adams understood then that adopting the
resolution does not obligate us to contribute any County funds, and
Commissioner Macht assured her that it does not.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board adopted
Resolution 94-74 to establish a Community
Child Care Resources Trust Fund with the
understanding that the County was not
committed in any way to funding or approving
the plan.
RESOLUTION NO. 94-7_
A RESOLUTION OF INDIAN RIVER * COUNTY,
FLORIDA, ESTABLISHING A COMMUNITY CHILD
CARE RESOURCES TRUST FUND.
WHEREAS, it is recognized that high quality, nurturing
preschool experience for 3 and 4 year old children will help prevent
school failure, juvenile crime and teen pregnancy; and
WHEREAS, prevention is much less expensive than punishment or
other corrective action at a later 'date;
WHEREAS, it is in the public interest for the County and all its
citizens to assist in support of such a preschool program; and
38
a � �
WHEREAS, Section 129.06 (2) (d) , F . S . , provides a method
whereby the County can accept donations and gifts; and
WHEREAS, said donations and gifts may be made for a particular
purpose,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
that:
1) There is hereby created a Community Child Care Resourses
Trust Fund, hereinafter called "The Fund".
2) The Fund may receive gifts and donations from public and
private sources. The County shall have a line item in the budget for
the trust fund.
3) The Fund shall be used to support a program that has as
its mission the providing of high quality; nurturing preschool
experience for 3 and 4 year old children in existing child care centers
which meet specific standards.
4) Disbursement of the funds will be subject to approval by the
Board of County Commissioners through normal County channels.
5) Staff shall submit a full report quarterly to the Board of
County Commissioners showing funds collected and spent.
This resolution was moved for adoption by Commissioner
M a c h t and the motion was seconded by Commissioner
Adams , and, upon being put to a vote, the vote was as
follows: Chairman John W. Tippin A y e
Commissioner Kenneth R. Macht Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert A y e
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and
adopted this _L_ day of .1 t, n P , 1994.
Attest:
Jeffrey K. B rton, Clerk
/�4 .C.
J U 71994
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
I
By ;
j John W. Tippin
airman
39 509'w
JUN 71994 Box 9 2., PAS 595,
® COMMITTEE REPORT - COUNCIL OF PUBLIC OFFICIALS
The following Council of Public Officials committee report was
submitted for information only:
Update on vehicle Maintenance
Mr. Chandler reported that quite a lot has been accomplished
within a short period of time. There. has been a number 'of
meetings of the core administrative group and the fleet managers.
The purchasing managers of each of the entities have been meeting
and there has been some individual sessions between the fleet
managers, with all of this information being funnelled back into
the core group. Initially the groups gathered data to identify
the capabilities that each of us have and what our needs and
problems are, so that we can come up with solutions. We now
have a master map of countywide repair facilities, fuelling
sites, and the.general capabilities of each location. We have a
listing of all vehicles and equipment, with an eye to replacement
of vehicles and perhaps more co-op bidding. There is some
potential for joint utilization of certain specialized equipment.
We also now have an itemization of repairs that are contracted
out when it is not cost effective to do it in-house, with the
idea being to perhaps go out with a co-op bid for better unit
prices. The Purchasing Managers will continue to meet and expand
beyond just this area, for example on automotive replacement
parts, and they have already developed draft specifications to go
out to bid. .
Mr. Chandler asserted that both the county and the school
board have a need for updating and upgrading their vehicle
maintenance and repair facilities. He feels that as discussions
progress between the school district and the county there may be
strong potential for a joint association in•terms of a possible
site and facilities. He reported that everyone involved has
shown a lot of interest and enthusiasm, and he thinks down the
road it is really going to show us some dividends.
Mr. Chandler will provide Chairman Macht with a written
summary of the major points along with the data on the total
fleet.
A discussion transpired about the circulation of surplus
lists between all the entities.
40
Cable TV Laws
Ms. Ana Anderson discussed the Cable Television Consumer
Protection Competition Act, and outlined the rules and
regulations that have been changed. She talked about the new
form 393, and that the rules that went into effect last September
no longer hold true after May 15, 1994. She explained the rate
freeze and the benchmark rate, stating that there was some
confusion because of the amount of information that had to be
absorbed and.understood. When the new data is received from the
cable companies if it turns out they are charging too much, a
refund will be -in store to all their subscribers.
New Business .
Mr. Bob Freeland claimed that Sebastian has been buying a
lot of things without going to bids, and has discovered that the
county has contracts that they can piggyback on to save money.
As an example he mentioned road stabilization material that the
city had been paying $7.20 per ton.for, and the county has a
contract for $3.85 a ton. Sebastian budgets $5,000 for this
material, and if they piggyback on the county contract they can
purchase 1,300 tons vs. 700 tons for the same amount of money.
The idea of central stores and group purchasing was
discussed, and it was suggested that.the county, school board and
the city of Vero Beach prepare a list of their contract prices.
Chairman Macht will put this on the agenda for the next meeting,
and invite all of the purchasing representatives to attend.
Chairman Macht asked Mr. Mayfield about the possibility of
having the South County School make a cooperative agreement with
the county to use the existing ballfields at South County Park,
rather than the school board building their proposed ballfield.
Mr.' Mayfield felt it was worth asking questions but he
doesn't know how feasible it is. He explained that it gets
complicated because the Department of Education has specific
mandates that the school shall include a fixed list of
particular items along with certain recreation facilities that
are required in the schools. He will find out what the
Department's requirements are in this case.
JUN 71994 41
'ate. ,
I',
JUN 71994 2 trxaWt
r
IN COURTHOUSE ADVISORY COMMITTEE RECOMMENDATION TO INVITE STEVEN
GRIMES, CHIEF JUSTICE OF SUPREME COURT OF FLORIDA, TO PARTICIPATE
IN THE OPENING CEREMONIES FOR THE NEW COURTHOUSE
Commissioner Macht advised that the Courthouse Advisory
Committee -requested that Chief Justice Grimes be invited to
participate in the opening ceremonies for the new Courthouse.
Brief discussion followed as to the status of the invitation to
United States Attorney General Janet Reno. The Commissioners were
advised that we will know by early August if Attorney General Reno
will attend.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously
approved the invitation to Chief Justice
Grimes.
REQUEST TO SET PUBLIC HEARING TO CONSIDER ORDINANCE REGARDING
ETHICS
Commissioner Macht requested a public hearing to consider a
code of ethics and conduct ordinance he submitted at the meeting.
Commissioners requested more time to review the language and
asked that the item be brought back at the next meeting.
LICENSE ADDENDUM - AIR MASTERS RADIO CONTROL CLUB - COUNTY
FAIRGROUNDS PROPERTY
The Board reviewed the following letter from Air Masters R/C
Club.
AIR MASTERS R/C CLUB
1332 Damask Lane
Sebastian, FL 32958
(407) 388-3412 -
April 4, 1994
Mr. James W. Davis, P.E., Public Works Director
Indian River County Florida
Administrative Building
1840 25th Street
Vero Beach, FL 32960
Dear'Mr. Davis:
This letter is in reference to our brief chat on March 26,
1994. We discussed changing our lease so we could start
flying earlier in the morning (from 9:00 A.M. to 8:00 A.M.).
We would appreciate any consideration you and the Parks and
Recreation Department might give to this request.
CF►%
As I stated while talking with you, the Florida breezes have
a tendency to become quite strong by 10:00 A.M. to 10:30 A.M.
and this greatly shortens our flying time for the day.
We have been leasing the site at the Indian River Fairgrounds
for three years and have always.tried to abide by the
stipulations of the lease. To the best of our knowledge,
there have not been any complaints to date.
If there are any questions about the feasibility of -changing
the time period, perhaps a three or six months trial period
would give both, parties time to give it a fair test.
Mr. Davis, if it is permissible for one of our officers to
attend the Parks and Recreation meeting, we could answer any
questions that might arise. If so, would you be kind enough
to notify me of the time and place.
Thank you for your time.
Sincerely yours,
Donald H. Taylor, Secretary
ATR MASTERS R/C CLUB
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert the Board unanimously
approved addendum to license by changing the
beginning hour of operation from 9:00 a.m. to
8:00 a.m.
The Commissioners decided that if the earlier time causes a
problem to the neighbors, the matter will be reconsidered.
ADDENDUM TO LICENSE IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
REQUEST TO SET PUBLIC HEARING TO ADOPT ORDINANCE REGARDING
COMMISSIONER PARTICIPATION IN THE SELECTION OR RANKING OF
CONSULTANT AND NEGOTIATIONS OF CONTRACTS
Commissioner Eggert presented her views on the proposed
ordinance which would restrict Commissioners' participation in
selection or ranking of consultants and professional service
providers and contract negotiations.
Commissioner Adams felt this was unnecessary because we
already have a process in place. Considerable debate ensued on
whether or not it was necessary to put the current process into our
code.
The Board discussed the proposed ordinance, voicing their
JUN 71994 43 11-1 ?1 FAC' -,AB
JUN 7 4.94 BOOK 92 FAG -L599
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, by a vote of 3-2
(Commissioners Macht and Eggert dissenting),
the Board retained the present policies.
SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment, the
Board would reconvene as the District Board of Commissioners of the
Solid Waste Disposal District. Those Minutes are being prepared
separately.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:20 a.m.
ATTEST:
J. rton, Clerk
7--7
L
Jori W. Tiepin,- 4fiAirman
�a
44