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Home My WebLink About7/5/1994MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, JULY 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) Kenneth R. Macht, Vice Chairman (Dist. 3) Fran B. Adams ( Dist. 1) Richard N. Bird (Dist. 5) Carolyn K. Eggert ( Dist. 2 ) 9: 00 A. M. 1. CALL TO ORDER James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 2. INVOCATION - Rev. G.P. LaBarre, Retired Trinity Episcopal Church 3. PLEDGE OF ALLEGIANCE - Comm. Kenneth R. Macht 4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS 13-D Discussion of opening ceremonies for courthouse 5. PROCLAMATION AND PRESENTATIONS Donation and Presentation by Fred Mensing Represent- ing J.J. Dickison Camp #1387, Sons of Confederate Veterans, Melbourne, FL - to I.R. Main Library, No. 60 of Limited Printing of 100 Volumes of Southern View of Invasion of the Southern States and War of 1861-65, Authored by Capt. Samuel A'Courte Ashe, who was the Last Surviving Commissioned Officer of the Confederate States Army 6. APPROVAL OF MINUTES Regular Meeting of June 7, 1994 7. CONSENT AGENDA A. Received E Placed on File in Office of Clerk to the Board: 19th Judicial Circuit, 1993 Annual Report B. Appointment of Cindi Harris Panning to Represent Visiting Nurses Association on Primary Care Committee (letter .dated June 20, 1994 ) JUL 5 1994 " J U L 51994 7. s. 9:05 a. m. 9. 10. 11. CONSENT AGENDA (cont'd.) : C. Release of Utility Liens ( memorandum dated June 28, 1994 ) D. Award Bid #4086 / Liftmoore Crane (memorandum dated June 27, 1994) E. Misc. Budget Amendment #020 ( memorandum dated June 29, 1994 ) F. Authorize Management E Budget Director to do Necessary Amendments for Balancing the Budget for the 1993/94 Fiscal Year (memorandum dated June 29, 1994) CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS 1. The Moorings Club Inc.'s Request for Special Exception Approval to Construct an Expansion to the Club's Golf Course Maintenance Facilities ( memorandum dated June 21, 1994 ) 2. Sylvestro 6 Sons, Inc.'s Request for Major Site Plan and Special Exception Use Appro- val to Construct an Adult Congregate Living Facility (21 or more residents) (memorandum dated June 22, 1994) 3. Able Aviation and Air Ambulance, Inc., Request for an EMS Certificate of Public Convenience E Necessity to Provide Non - Emergency Advanced Life Support Inter- facility Transport Services in I.R.C. (memorandum dated June 28, 1994) COUNTY ADMINISTRATOR'S MATTERS None DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT Proposed Habitat Conservation Areas at the South County Park & Water Treatment Plant (memorandum dated June 28, 1994) (re -scheduled from BCC meeting of 6/21/94) B. EMERGENCY SERVICES None 11. DEPARTMENTAL MATTERS (cont'd. ): C. GENERAL SERVICES Award Bid #4084 / North U.S. #1 / CR 510 (memorandum dated June 27, 1994) D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET Request for Appliance Purchase from Judges (memorandum dated June 29, 1994) F. PERSONNEL None G. PUBLIC WORKS 1. Street Lighting of 27th Ave. (SR607) from St. Lucie County Line to SR60 by Fla. DOT - . ( memorandum dated June 24, 1994 ) 2. Helen Glenn - Brick Driveway Entrance Struc- ture - Cherry Lane Petition Paving Project ( memorandum dated June 27, 1994 ) H. UTILITIES 1. Water Main Expansion, Ph. III / Contract # 3, Change Order # 1 & Final Pay Request (memorandum. dated June 23, -1994) 2. North County Force Main, Air Release Valve Installation (memorandum dated June 20, 1994) 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. -CHAIRMAN JOHN W. TIPPIN B. VICE CHAIRMAN KENNETH R. MRCHT Discussion : Voting Alternate Commissioner / Planning and Zoning Board ( letter dated June 29, 1994) J U L 51994 5 1994 J U L 13. COMMISSIONERS ITEMS (cont'd.) : C. COMMISSIONER FRAN B. ADAMS D. COMMISSIONER RICHARD N. BIRD E. COMMISSIONER CAROLYN K. EGGERT 14. SPECIAL DISTRICTS A. EMERGENCY SERVICES DISTRICT 1. Approval of Minutes - Meeting of 6/14/94 2. Authorization to Sole -Source Purchase Seven (7) Twelve Lead Monitor/ Pacemaker/ Defibrillators With Accessories From EMS Matching Grant Funds ( memorandum dated June 21; 1994 ) B. SOLID WASTE DISPOSAL DISTRICT None 15. ADJOURNMENT ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF MEETING. Tuesday, July 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, July 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 Rosemary Rivera and Barbara Bonnah, Deputy Clerks. Chairman Tippin called the meeting to order. The Reverend G. P. LaBarre, retired of Trinity Episcopal Church, gave the invocation and Commissioner Macht led the Pledge of Allegiance to the Flag. ADDI'T'IONS TO THE AGENDA Commissioner Bird requested the addition to today's Agenda of Item 13-D, Discussion of opening ceremonies for Courthouse. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously added the above item to the Agenda. County Attorney Charles P. Vitunac announced a brief caucus immediately following today's meeting. PRESENTATION TO LIBRARY BY SONS OF CONFEDERATE VETERANS Fred Mensing representing J. J. Dickison Camp #1387, Sons of Confederate Veterans, Melbourne, Florida, donated and presented to Commissioner Eggert on behalf of the Indian River Main Library, Volume No. 60 of a limited re -print of 100 volumes of "Southern View of Invasion of the Southern States and War of 1861-65,11 authored by Captain S.A. Ashe, who was the last surviving ( BOOK FAUF. � J U L 5 1994 JULFr- I 5194 BOOK 92 F-A,UF 733 commissioned officer of the Confederate States Army. He also presented an out of print copy of "Memoirs of a Scout for General Stonewall Jackson, General J.E.B. Stuart and General Joe Wheeler" by Aubrey Raleigh Bates. Commissioner Eggert thanked Mr. Mensing for the wonderful gift to the genealogy room of the library. APPROVAL OF AMNUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of June 7, 1994. There were none. ON MOTION by Commissioner Adams, SECONDED by Commissioner Bird, the Board unanimously approved the Minutes of the Regular Meeting of June 7, 1994, as written. CONSENT AGENDA A. Report Received and placed on file in the Office of the Clerk to the Board: 19th Judicial Circuit, 1993 Annual Report B. Appointment of Cindi Harris Panning to Primary Care Committee The Board reviewed the following letter from Sharon L. Kennedy, president, Visiting Nurse Association dated June 20, 1994: June 20. 1994 Indian River County - Board of Commissioners 1840 25th Street Vero Beach, FL- 32960 ATTENTION: Jan Masi Dear Ms Masi: VISITING Vll� NURSE ASSOCIATION . Sharon I.. Kennedy President/CEO This will confirm your telephone conversation with Paula Artlip regarding VNA representation on the Primary Care Committee. As she told you, Gwynne Watson has resigned from the Agency and we would like a new representative appointed. Our candidate for the committee is: Cindi Harris Panning, RN, BBA Director Hospice/Health Services 1111 361h Street Vero Beach, FL 32960 Phone: 407/567-5551 If you require further information, please do not hesitate to call. 2 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously appointed Cindi Harris Panning to the Primary Care Committee, representing Visiting Nurses Association. C. Release of Utility Liens The Board reviewed the following memo from Lea R. Keller, CLA, dated June 28, 1994: TOs . }130A�RD� OF COUNTY COMMISSIONERS FROMs Lea R. Reller, CLA, County Attorney's Office DATE: June 28, 1994 RE: , RELEASE OF UTILITY LIENS The attached lien -related items 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. Satisfactions of Impact Fee Extensions: BODE BRAUN GRAVES GRZESIAk HARRINGTON KUHNERT ENTERPRISES McCULLERS, SR. POTAMITIS SANDERS _ 2.° Blue Cypress Lake,Sewer Special Assessment: TRINKLE 3. Green Acres Water Special Assessment: BRESLIN/McELROY 4. Raintree Corner Subd. Water Special Assessment: .DAVIES MILLER TURNER S. Phase I Water Special Assessment: BERTHIAUME BOB/RTC COMISH HILL MCCANN MILLER POTAMITIS 6. Phase II Water Special Assessment: ANTHONY CAMPBELL GRZESIAR PNC TRUST CO WEATHERSTONE BEINDORF, JR. GRAVES LEWIS PETERS 7. Phase III Water Special Assessment: WILLIAMS 3 JUL 5 199 JUL 5 1994 BOOK '92 PACE 735 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the lien releases as listed above. LIEN -RELATED DOCUMENTS ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY D. Award Bid #4086 / Liftmoore Crane The Board reviewed the following memo dated June 27, 1994: DATE: June 27, 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 #4086/Liftmoore Crane Utilities Department BACKGROUND -INFORMATION: Bid Opening Date: June 16, 1994 Advertising Dates: May 25, June 1, 1994 Specifications Mailed to: Four (4) Vendors Replies: - Three (3) Vendors DOR BID TOTAL Nichols Truck & Body $ 7,098.00 Jacksonville, FL * Rayside Truck & Trailer $ 7,185.00 West Palm Beach, FL Action Fabrication $ 7,450.00 Clearwater, FL TOTAL AMOUNT OF BID' $ 7,185.00 SOURCE OF FUNDS Sewer Utilities Automotive Account 471-218-536-066.42 ESTIMATED BUDGET $ 9,000.00 RECOMMENDATION Staff recommends award of bid to Rayside Truck & Trailer due to expense of transportation to and from. Jacksonville will exceed low bid cost. Also, the low bidder, Nichols Truck & Body is only offering a six (6) month warranty and Rayside Truck & Trailer is offering a twelve (12) month parts and labor warranty. (See attached department recommendation) ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously awarded Bid #4086 to Rayside Truck & Trailer in the amount of $7,185.00. 4 E. Miscellaneous Budget Amendment No. 020 The Board reviewed the following memo from OMB Director Joe Baird dated June 29, 1994: TO: Members of the Board of County Commissioners DATE: June 29, 1994 SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 020 CONSENT AGENDA FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: 1. At their meeting June 21, 1994, the Board of County Commissioners approved the purchase of a pump for vehicle 507 at Station # 3 at a price of $5,978.23 plus $600 frieght. This appropriates the funding. 2. Indian River County Traffic Engineering Department purchased parts material for installation of traffic signals at the Sebastian High School and was reimbursed by the Indian River County School Board. This entry allocates the funding. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment 020. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved Budget Amendment No. 020, as recommended by OMB Director Baird. J U L 5 1994 5 600K 92 PAGE J U L 51994 TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director Baai � r f BUDGET AMENDMENT. 020 DATE: June 29-1994 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. EXPENSE EMERGENCY SERVICES DISTRICT Maintenance Auto Equipment 114-120-522-034.64 $6,579 $0 Reserve for Contingency 114-120-522-099.91 • $0 $6,579 2. REVENUE TRANSPORTATION FUND Reimbursements 111-000-369-040.00 $37,315 $0 EXPENSE TRANSPORTATION FUND Traffic Engineering/ Maintenance Traffic Signals 111-245-541-034.67 $37,315 $0 m F. Authorize Management & Budget Director to do Necessary Amendments to Balance the Budget for the 1993/94 Fiscal Year The Board reviewed the following memo from OMB Director Joe Baird dated June 29, 1994: TO: Members of the Board of County Commissioners DATE: June 29, 1994 SUBJECT: AUTHORIZE THE MANAGEMENT AND BUDGET DIRECTOR TO DO THE NECESSARY AMENDMENTS FOR BALANCING THE BUDGET FOR THE 1993/94 FISCAL YEAR CONSENT AGENDA FROM: Joseph A. OMB Dir The 1993/94 fiscal year ends September 30, 1994. All budget amendments must be done prior to the close of the fiscal year to be in proper compliance. I would like the Board of County Commissioners to authorize the Management and Budget Director to do the necessary budget amendments for balancing the budget for the 1993/94 fiscal year. 6 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously authorized OMB Director Joe Baird to do necessary amendments to balance the budget for fiscal year 1993/94. PUBLIC HEARING - REQUEST BY MOORINGS CLUB INC. FOR SPECIAL EXCEPTION APPROVAL TO CONSTRUCT AN EXPANSION TO THE CLUB'S GOLF COURSE MAINTENANCE FACILITIES 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•Joumal, a dally newspaper published at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being U* 1 • . ' . . In the Court, was pub- lished in said newspaper in the lasues of 6LL) Atflant further says that the said Vero Beach Press -Journal Is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the sold newspaper has heretofore been continuously published In said Indian River County, Florida, each dally and has been entered as second class mail matter at the post office In Vero Beach, In said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for a purpose of securing this advert§Rnent for publication in the said newspaper. i rktWlGbsrylbed.belor�hte the.2"day of A.D. 18 �_ MY Comm. Expires June 29,1997 No. CC30W72 OF F1.� r•• BARBARA C. SPRAGUE. NOTARY PURL Pusiness Manager) Stab of Florida. My Cammraaon Lxp June 28..11907 Xa. Ncdary: BARBARA C. SPRAGUE J U L 51994 W GOV. LOT I Ar SITE OOv. LOT aNOV. ".near ur � «an Toe Woft o NOTICE OF PUBLIC HEARING Notice of hearing to consider the granting of ape- cbl exception use approval to expand an existing golf course faedty boated at 100 Harbour Drive. The subject property is presently owned by The Club, Inc., and boated in Section 21, TZrr 33 and Range 40. See the above map for Ashah have hearing at which parties In Interest and dozens an opportunity to be heard, will be held by the Board of City CormNssioners of trdian Riva Courrty, Florida, In the County Commis- sbn Chambers of the County Administration Build - Ing, located Tuesday, Jury 6.1994 Street, :055 a.m. Beach, Flo wtkh rAny°cemay be mawho de at this meetwish to ing will needal any decision an- Sure - sure blot a verbatim record of the proceedings is made. which trohldes testimony and evidence upon which the appeal Is based. ANYONE WHO NEEDS A SPECIAL ACCOMMODA- TION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS .WITH DISABILITIES ACT ADA) COORDINATOR AT 567-8000 1223 AT 48 HOURS IN ADVANCE OF THE MEET- ING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s -Mm W. Tim, Chairman June 13, 11994 1106544 800K 92 PAGE 7`3, BOOK FADE A� Planning Director Stan Boling presented staff's recommendation for approval dated June 21, 1994: TO: James E. Chandler County Administrator DI ION HEAD CONCURRENCE: Obert M. K6Atiriq,, AIC Community Develo ment rector THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICPL� Senior Planner, Current Development DATE: June 21, 1994 SUBJECT: The Moorings Club Inc. Is Request -for Special Exception Approval to Construct an Expansion to the Club's Golf Course Maintenance Facilities It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 5, 1994. BACKGROUND: Knight, McGuire & Associates, Inc., on behalf of The Moorings Club, Inc., has submitted an application for major site plan and special exception use approval to construct a two phase expansion to the Moorings golf maintenance facility located just south of St. Edwards Upper School. There are several existing buildings within the project area which, through this project, will be demolished and replaced by larger buildings. The first phase of the project requires only major site plan approval, rather than special exception approval, since the amount of new building area in Phase 1 is less than 10% of the overall club area. The second phase includes a 5,600 square foot cart storage building which will require special exception approval since Phase 2 will exceed 10% of the overall club floor area. At its regularly scheduled meeting of May 26, 1994, the Planning and Zoning Commission granted major site plan approval for Phase I of the maintenance building expansion, approved the major site plan for Phase II subject to special exception use approval by the Board of County Commissioners, and voted unanimously to recommend that the Board of County Commissioners grant approval of the special exception use request for Phase II. The Board of County Commissioners is now to consider the applicant's request for special exception use approval. Pursuant to Section 971.05 of the LDRs, the Board is 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. The County may attach any conditions and safeguards necessary to mitigate impacts and to ensure compatibility of the use with the surrounding area. 8 ANALYSIS: 1. Size of Development Area: 1.26 acres or 54,885 sq. ft. 2. Zoning Classification: RS -3, Residential Single Family District (up to 3 units per acre) 3. Land Use Designation: L-1, Low Density 1 (up to 1 unit per 3 acres) 4. Building Areas: Chemical Building (Phase I): 1,000•sq. ft. Maintenance Building (Phase I): 7,200 sq. ft. Golf Cart Storage (Phase II): 5,600 sq. ft. New Building Area: 13,800 sq. ft. Building Area to be Removed (Phase 1): 7,400 sq. ft. New Net Building Area: 6,400 sq. ft. 5. Impervious Area: 38,600 sq. ft. (existing) 3,000 sq. ft. (new) 41,600 sq. ft. (total at end of project) 6. Open Space: Required: 40.08 (overall Golf Course project) Provided: exceeds 40.0% for total golf course project* *Note: The net open space for the golf club maintenance area of development is 24.2%. 7. Traffic Circulation: The existing- maintenance area is accessed by two existing, two-way asphalt driveways which will provide access to the redeveloped maintenance area. The county traffic engineer has reviewed and approved the proposed internal circulation plan. 8. Off -Street Parking: Required: None* Provided: 24 spaces *Note: Parking for the maintenance facility is accessory to the overall Moorings Club. Therefore, no additional spaces are required for the maintenance facility. 9. Stormwater Management: The stormwater management plan has been reviewed and approved by the Public Works Department. The applicant will be required to obtain a Type "B" stormwater management permit prior to site plan release. 10. Landscape Plan: The landscape plan is in conformance with Chapter 926 requirements, including a Type "B" buffer with a 6' opaque vegetative feature along the project's north property line in accordance with golf course specific land use criteria (see item #13.b., below). 11. Utilities: The project will be serviced by public water and wastewater from the City of Vero Beach. These utility provisions have been approved by the City of Vero Beach Utilities Department and the Environmental Health Department. 12. Concurrency: There are no concurrency requirements for this project, since the maintenance facility is accessory to the existing, overall Moorings Club. 13. Special Exception Criteria: The following specific land use criteria apply to golf courses and accessory facilities: J U L 51994 9 �00 or PA E i4'm'y �� J U L 51994 BOX .� a. Golf courses and accessory facilities shall not be interpreted to include free-standing commercial miniature golf courses and/or driving ranges or other unenclosed commercial amusements; b. No major accessory use or principal building or structure shall be located closer than one hundred (100) feet to any lot line which abuts a residentially designated property; however, the one hundred (100) foot setback may be reduced to normal zoning district setbacks if the use of the abutting residentially designated property is non- residential (e.g. institutional, recreation, community services uses) and if a Type "B" buffer with six (6) foot opaque feature is provided between the building and structures and the abutting residentially designated property. C. Golf courses shall, to the most reasonable extent, retain and preserve native vegetation over at least thirty (30) percent of the total upland area of the course due to their characteristically high water demand and heavy nutrient loads; d. The golf courses shall be designed so that any lighting is shielded and directed away from residential areas; e. Type "B" screening shall be provided between golf maintenance facilities and adjacent residentially designated property within two hundred (200) feet of the golf maintenance facility. The application meets all of the criteria, including the provision of a Type "B" buffer with 6' opaque feature adjacent to the property boundary with the St. Edwards Upper School, in lieu of a 100' special building setback. 14. Environmental Issues: The site consists of previously developed areas. Therefore, there are no environmental concerns with the re -development of this site. 15. Surrounding Land Use and Zoning: North: South: East: West: RECOMMENDATION: St. Edwards Upper School/RS-3 Moorings Club Area/RS-3 Driving Range/RS-3 Tennis Courts/RS-3 Based on the analysis performed, staff recommends that the Board of County Commissioners grant approval for the special exception use request for Phase II of the golf course maintenance facility. Commissioner Adams understood that this is not a warehouse and asked if anyone from St. Edwards School had any comments on it. Director Boling assured her we have apprised our contact at St. Edwards School of the request. The club is proposing to expand an existing golf course facility at the northern end where special exception use approval is required. 10 ® r 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 Adams, SECONDED by Commissioner Bird, the Board unanimously granted special exception use approval for Phase II of the Moorings golf course maintenance facility, as recommended by staff. PUBLIC HEARING - REQUEST BY SYLVESTRO & SONS, INC. FOR MAJOR SITE PLAN AND 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: VERO BEACH PRESS -JOURNAL f Rp t Published Daily Vero Beach. Indian River County. Florida COUNTY OF INDIAN RIVER: STATE -6F FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath aa",.!hat he is Business Manager of the Vero Beach Press -Journal, a dally newspaper published al Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being i a In the matter In the Court, was pub- Hafted In said newspaper in the Issues of 15. Affiant further says that the said Vero Beach Press -Journal Is a newspaper published at Vero Beach, In said Indian River County, Florida, and that the sold newspaper has heretofore been continuously published In said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. SJ4il foati�GsFribe�befg� me tea day of A.D. 19 My Comm. (expire June 29,1997 No. CC OM72 qP F OF F1-p�:.i°' @6018ARA C. SPRAGUE, NOTAI1V P&((bsii Stats of FImHa• My Cammnsen E■a 29. Igor Q J U L 5 1994 11 I NOYM CF PUBLIC IEARM Notice of has” to con1Y0 the gnedh at spe-. clal •eiroepllan use approval for a annecrataiydeuda ocngregatsAltait W. In orin° 30, TownsMOW33 ard Her f -E , tthe o pbYa rtp at wwiddmap�partie In Yrtaaat and dtizere' elhsl Mve'an opportuity to be heard, will ' be held by the Board aC,amrrisre slors of Indlen Alm Catady, Fborida fsthe county Canards - dm Chmnbers of fie Canty A&Msbal m Bund- , located at 150-btr 9 lec amTnJ*�Fier- ny which may be n� at ft>o "A es i • sue that a mbatim raco►dthe prarms dirge is 171011i Elle ch b based and evidence uponwhich .. ANYONE —W' -HD NEEDS A SPECIAL ACCOflUODA- TION FOR THIS MEETW MUST CONTACT THE '• COUNTY'S AMERICAN WITH DISABLITES ACT ._ IADA) COORDINATOR AT 58745000 X223 AT LEAST 4 HOURS PI ADVANCE OF THE MEET- ` WIL ' FFM RIVER COUNTY BOARD OF COUNTY COM MSSIONERS BY-&Jdn W. Tlppin, Cizema t Jura 13, 111!114 1108558 500F. 92 mu 742 Planning Director Stan Boling presented staff's recommendation for approval dated June 22, 1994: TO: James E. Chandler County Administrator DIV ION HEAD CONCURRE E: Opp— Robert M. Keating, ICP Community Development Difor THROUGH: Stan Boling,�AICP Planning Director FROM: Eric Bladd. Staff Plarifter, Current Development DATE: June 22, 1994 SUBJECT: Sylvestro & Sons, Inc. Is Request for Major Site Plan and Special Exception Use Approval to Construct an Adult Congregate Living Facility (21 or more residents) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 5, 1994. DESCRIPTION AND CONDITIONS: James W. Young & Associates, Inc., on behalf of Sylvestro & Sons, Inc., has submitted a request for major site plan approval and special exception use approval to construct an adult congregate living facility to serve elderly clients. The subject site is located at 965 Old Dixie Highway S.W., and is zoned CG (General Commercial). This site plan application proposes the conversion/alteration of an existing single family residence, in conjunction with the construction of a building addition, to establish an adult congregate living facility. The applicant proposes a 21 bed facility with no resident attendant. This is equivalent to an adult congregate living facility, 'as defined by county land development regulations. • As of this date, the applicant has applied for, but has not received, applicable HRS permits for this type of project. At its May 26, 1994 meeting, the Planning and Zoning Commission voted unanimously to approve the major site plan application subject to Board of County Commissioners approval of the special exception use request. The Commission also recommended 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. 12 ANALYSIS: 1. Zoning Classification: 2. Land Use Designation: CG, General Commercial C/I,.Commercial/Industrial 3. Surrounding Land Use and Zoning: North: Office/CG South: Vacant/CG East: Old Dixie, Vacant/CH West: Vacant/CG 4. 5. Total Area of Development: 38,155 sq. ft. or 0.876 acres Density: Maximum: 21 residents on this site Proposed: 21 residents 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 CG 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) converting to allowable persons per acre and applying a 1.5 density factor (see specific land use criteria). For this project, the maximum number of residents is: (.876 acres X 8 units/acre) X 2 persons X 1.5 = 21 residents. 6. Building Area: Existing: 11950 sq. ft. Proposed: -3,427 9,171 sq. ft. Total: 51377 sq. ft. 7. Paved Surface: Existing: 686 sq. ft. Proposed: 9,171 sq. ft. Total: 91857 sq. ft. 8. Total Impervious Surface: Existing: 2,636 sq. ft. Proposed: 12,598 sq. ft. Total: 15,234 sq. ft. 9. Open Space: Required: 25% Provided: 60% 10.. Parking: Required: 11 parking spaces Provided: 11 parking spaces 11. Traffic Circulation: The existing single family residence on the -site utilizes two marl driveways that connect to Old Dixie Highway. The site plan request proposes paving of the existing two site access points, and provides paved driving aisles and parking areas. The driveway access and the traffic circulation pattern have been approved by the Public Works Director. 12. Stormwater Management: The Public Works Department has approved the proposed stormwater management plan, and a county stormwater permit will be issued prior to site plan release. 13. Utilities: County water is available to service the project, and the required connection has been approved by the county's Department of Utility Services. County wastewater services are not available to the project at this time. The property 13 J U L 5 1994x, Fr_ I J U L 5 1994 Boa 92 PACE 1'45 owner must therefore execute a Developer's Agreement with County Utilities in regards to future wastewater connection. Such an agreement will require the site to be connected to county wastewater service when it becomes available. 14. Environmental Issues: Environmental planning staff has determined that there are no environmental issues relevant to this application. 15. County Health & 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, provided the designs for food preparation areas, and on-site septic systems comply with HRS standards. 16. Dedications and Improvements: A sidewalk is required along the site's Old Dixie Highway frontage. Ordinarily, it is the developer's obligation to construct or escrow for the required sidewalk segments, pursuant to LMR section 914.15(6). In this case, funding .for the sidewalk is part of the County's Capital Improvement Plan for improvements at Old Dixie Highway and Oslo Road. Therefore, the county is guaranteeing construction of the required sidewalk. Public Works staff has indicated that right-of-way along the site's Old Dixie frontage has been acquired and meets the Thoroughfare Plan requirement. Therefore, no additional right-of-way is needed from this site. 17. Specific Land Use Criteria: The applicant must satisfy all applicable criteria for an adult congregate living facility for 21 or more residents-. 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: 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; 14 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 provided for each five (5) -residents. 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. J U L 5 1994 15 Bm mcF 7 6 CoQ FnF A i 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. 18. Concurrency: The applicant has chosen not to apply for an initial/final concurrency certificate at this time, and has executed and notarized a concurrency notice form. The notice states that no building permit will be issued -for all or any portion of the. project unless and until an initial/final concurrency certificate is issued for the project. The notice will be recorded in the public records in order to alert any subsequent purchasers of the project, or a portion of the project, about the status of the project's concurrency requirements. Thus, all concurrency requirements related to site plan approval have been satisfied. RECOMMENDATION: Based on the analysis performed, staff recommends that the Board of County Commissioners grant special exception -use approval for a 21 resident adult congregate living facility for elderly clients, subject to the following conditions: 1. That prior to site plan release, the applicant shall obtain applicable HRS permits or approval for the design of the food preparation areas, and the on-site septic system. 2. That no building permit shall be issued for all or any portion of the project unless the applicant or his/her successor obtains an initial/final concurrency certificate for the portion of the project for which the building permits are sought. 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 to Sylvestro & Sons, Inc. for a 21 resident adult congregate living facility for elderly clients, subject to: 1) Applicant obtaining applicable HRS permits or approval for the design of the food preparation areas, and the on-site septic system; and 2) No building permit shall be issued for all or any 16 portion of the project unless the applicant or his/her successor obtains an initial/final concurrency certificate for the portion of the project for which the building permits are sought. PUBLIC HEARING - ABLE AVIATION AND AIR AMBULANCE, INC.. REQUEST FOR AN EMS CERTIFICATE OF PUBLIC CONVENIENCE & NECESSITY TO PROVIDE NON EMERGENCY ADVANCED LIFE SUPPORT INTERFACILITY TRANSPORT SERVICES IN IRC The hour of 9:05 a.m. having passed, the County Attorney announced that this public hearing has been properly advertised as follows: VERO BE.. -..;H PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he Is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being a In the matter of In the Court, was pub- lished in said newspaper in the Issues oh ZZ e_14 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant 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 \a weNI0.Hkop'nt.,tor publication in the said newspaper. 'Qb C 'jry-jta-su�sd'dbed be �ro m Yhis day of A.D. 19 ZV hlycomm. Expirca June 29, 1997 BARnAnA C. SPRAGUE, moTAny Punt IC( iness Manager) r No. CC31)t),72 �� Stale or Florida, My Gmvnes.m L+p ,lune 29, 1591 F" F ilk ) i •� C ^ 7 :,.,.F r' f{ •V -'NN Notary: BARBARA SPRAG1 IF .. 1Y/'' 'Notary: PUBLIC HEARING On Tuesday, •July 5, 1994, at 9:05 a.m., the Board of County Commissioners of Indian River County, Florida, will meet In the County Adminlstratlon Building at 1840 25th Street, Vero Beach, FL, to consider the application of Able Aviation and Air Ambulance, Inc., dib/a ABLE AMBULANCE, for a Certificate, of Public Convenience and Necessity to provide interfacility ALS or BLS transportation. Anyone Interested In this should be present at the public hearing and w@ be given an opportunity speak for or against the proposed application. Anyone who may wish to appeal any decision which Maybe made at this meeting wlH need to ensure that a verbatim record of the proceedings Is made, which includes testimony and evidence upon which the appeal Is based. Anyone who needs a special accommodation for this meetsmay contact the County's Americans wilh Disabilities Act (ADA) Coordinator at 567- 8000, Ext. 408, at least 48 hours In advance of the meeting. June 1, 1994 1107562 Emergency Services Director Doug Wright presented staff's recommendation that the Board deny Able Aviation's request. J U L1' _ 5 1994 ��,u-. 74 Fr- I J U L 5 1994 BOOK 92 FAuE 749 TO: Honorable Board of Commissioners THROUGH: Jim Chandler, County Administrator FROM: Doug Wright, Director Emergency Services DATE: June 28, 1994 SUBJECT: Able Aviation and Air Ambulance, Inc., Request for an EMS Certificate of Public Convenience and Necessity to Provide Non -emergency Advanced Life Support Interfacility Transport Services in Indian River County It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners,at a public hearing scheduled for the regular meeting of July 5, 1994. DESCRIPTION AND CONDITIONS On May 19, 1994,- Able Aviation and Air Ambulance submitted an application for an EMS Certificate of Public Convenience and Necessity to provide non -emergency advanced life support interfacility transport in Indian River County. Pursuant to Chapter 304 of the Indian River County Code, an investigation was conducted regarding the application and public need for additional EMS service providers in the County. As part of the investigation, each municipality, hospital, EMS provider, and each of the fifteen (15 ) nursing homes/facilities in the County was contacted or corresponded with by mail. Also, a meeting was held on June 21, 1994, and notice was given so that input from the providers, municipalities, interested groups, or citizens could be obtained and questions regarding the proposed service could be answered by a representative of Able Aviation and Air Ambulance. Prior to the meeting and as part of the investigation, additional documentation was requested from Able Aviation and Air Ambulance, which Mr. Gary Burdsall, representing the company, promptly provided. Able Aviation and Air Ambulance has only been in the EMS ground transport business for approximately three (3) months and is headquartered in St. Lucie County. The company has one ALS ambulance, one BLS ambulance, and one medic -van for wheel chair patients. The company has been in the EMS air transport business since 1987 and' has nine (9) air transport units operating out of airports located in Fort Pierce, Tampa, Orlando, and Jacksonville. The - company estimated that they have had approximately thirty (30) runs in Indian River County since they began the ground transport service, with almost all of those originating in St. Lucie County for patients who needed medical -related transportation to their doctors in Indian River County or to Indian River Memorial Hospital. The company does not plan to establish a base of operations or office in Indian River County. The company has stated that the main reason for seeking the Certificate of Public Convenience and Necessity is for the company's ground unit to be able to transport a patient from a hospital or doctor's office in Indian River County to the Vero Beach Airport to their aircraft, rather than the company having to hire a local provider to perform that service. The company representative also indicated that they wanted to be able to legally assist the other providers in the County if called upon to do so. In addition to the letters of reference required to accompany the certificate application, the following two letters have been received regarding the proposed service: 18 1) Letter dated June 15, 1994, from Vero Beach City Manager Tom Nason. City Manager Nason circulated the information among city staff, and he stated that the City would welcome the new service, noting that County staff should proceed with whatever approvals are necessary to provide this air ambulance service. City -Manager Nason's letter included three attachments, one of which was favorable for the service from the Planning Department, and two of which dealt with Able Aviation establishing a fixed base operation (FBO) at the Vero Beach Airport. As stated earlier in this memorandum, Able Aviation has stated that the company does not intend to establish a fixed base for its air or ground operations in Indian River County at this time. 2) Letter dated June 20, 1994, from Elizabeth S. Thomas, Vice President of Patient Care Services at Indian River Memorial Hospital. Ms. Thomas noted that the hospital opposes the issuance of a certificate, and that helicopters from other medical facilities are used to transport their patients when air transportation is needed. Ms. Thomas also stated that to her knowledge, there is no need for additional air or ground services in Indian River County; -the hospital is providing the interfacility service for citizens in the county; and it is unusual for assistance to be required. ALTERNATIVES AND ANALYSIS The Board of County Commissioners has issued the following certificates of public convenience and necessity to provide EMS service in Indian River County at the current time, with varying service levels as indicated: Indian River County Department of Emergency Services, Division of Emergency Medical Services. Certificate issued to provide county -wide emergency ALS/BLS prehospital EMS transport service. (Fellsmere Volunteer Ambulance Service operates under the County certificate) Indian River Memorial Hospital. Certificate issued to provide ALS/BLS interfacility EMS transport only. Town of Indian River Shores Public Safety Department. Certificate issued to provide ALS/BLS pre -hospital emergency transport service limited to the municipal limits of the Town of Indian River Shores. As of June 28, 1994, no additional favorable or -unfavorable comments or correspondence had been received regarding the issuance of the certificate to Able Aviation and Air -Ambulance. It is concluded that Able Aviation and Air Ambulance, Inc., is a reputable and creditable EMS provider, and its interest in expanding its service to Indian River County is commendable. However, during the course of the investigation, no information was received from any facility or other source that would indicate that -the interfacility transport needs in the County are not being met by the Indian River Memorial Hospital's EMS service. It should be noted that a certificate is not required for Able Aviation to fly into -Vero Beach or Sebastian and pick up a patient, since that aspect of the service is closely regulated by FAA guidelines and the State EMS Office under Chapter 401, Florida Statutes, and Rule 10D.66, Florida Administrative Code. During the.courseof the investigation it was alleged that Life Line Transport has transported a small number of patients for the hospital during a change in management staff. Life Line Transport and Indian River Memorial Hospital Transport Service is being noticed that this activity violates the Indian River County Code. The finding does* not 19 J U L 51994 R00K 9? FVF �� -I mm 92 F�1111'751 J U L 5 199 preclude the company from submitting an application in the future when a public need is demonstrated for additional- providers for interfacility medical transfer or transportation. Staff recommends that the request from Able Aviation and Air Ambulance, Inc., for a Certificate of Public Convenience and Necessity to provide an EMS interfacility transport service be denied. Commissioner Adams understood there are no helicopters involved and that this is just for fixed -wing units. She also understood that with the Certificate, one of Able's transport units could come from St. Lucie County to meet a plane at the airport and take a patient to the hospital or vice versa, and Director Wright stated that was correct. Commissioner Adams asked if this was all they were asking for, and Director Wright explained that they want to provide other interfacility transfers in the county, which is the same service provided by Indian River Memorial Hospital. Commissioner Bird wondered if a compromise position would be to issue a certificate authorizing Able to transport patients from the home, hospital, etc. to the airport and vice versa without issuing a blanket Certificate of Need to operate an ambulance service that would be in competition with the hospital. Director Wright advised that the hospital does interfacility medical transfers, i.e., people who have medical need during the transport. The Ambulance Squad does non -emergency transports free of charge for patients not needing medical treatment during transport. Director Wright further advised that emergencies are handled by IRC EMS/ALS employees. After the patient is stabilized at the hospital and transferred to another facility, say Holmes Regional Hospital in Melbourne, they may need medical treatment enroute to the hospital. Commissioner Macht asked if rotorcraft service would compete with fixed -wing transport, and Director Wright explained that rotorcraft requires a certificate because they do pre -hospital ALS/BLS. IRC has an agreement with St. Lucie County Sheriff's Office for rotorcraft services and Holmes Regional has a helicopter that provides assistance on the turnpike as does Orlando Regional. We have used their services several times. Commissioner Macht asked if Able would be competing with these other services, and Director Wright explained that Able has fixed wing aircraft which are regulated by the FAA and the State; they 20 s ® � don't need a certificate to bring the aircraft into this county for pick-up and delivery. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. William Koolage of Vista Gardens Trail stated he did not see a need for this service at the present time. He felt this would decrease hospital revenue, and we have enough problems at the hospital as it is. He was opposed to this application. Jerry Koziol, senior vice president of planning and development at Indian River Memorial Hospital, advised that currently the hospital's transport service handles most interfacility transports within our community. There is no need to grant a certificate. The hospital would be amenable to supporting a mutual aid agreement with Able for assistance only when we cannot meet the need ourselves. Gary Burdsall, president of Able Aviation, stated he saw a need for fixed -wing, long-range transport in our four -county community and a need for additional ground ambulances. The State of Florida states that ambulance companies are only to transport within the counties from which they have received a Certificate of Need. He argued that other companies do provide transport in this county. Mr. Burdsall requested the Board to consider his application for a Certificate of Need because this service will provide additional service to this community at no cost to taxpayers. They will transport patients to aircraft, which allows better continuity of patient care. Further, in the spirit of health care reform, the availability of private ambulances can help reduce the tremendous cost of patient transport. They will take the indigent as well as those able to pay. Issuing a certificate would be a positive move toward preparing for growth in the community. A Certificate of Need must be renewed, and if the County is not happy with the service, the Board need not renew the certificate. He explained that although Indian River Hospital Transport feels his company would be competing for patients, Able would just be available upon request. The company does not plan to establish a base of operations or office in Indian River County, just provide ambulance service. Mr. Burdsall thanked the Board for the opportunity to speak. He felt the residents of Indian River County will be the winners if his request is granted. If the request is not approved, he respectfully requested a 30 -day JUL 5 21 50DK W P E 15? JUL 5 1994 Boor :FAA 753 continuance in order to provide additional information in support of their application. In response to Mr. Burdsall's statement that other companies provide transport in this county, Director Wright clarified that a Certificate of Need is not required to terminate transport in this county which originates out of the county. However, a Certificate of Need is required to originate transport within the county. Commissioner Adams felt the County still wants to utilize the fixed -wing service. She favored Director Wright's recommendation that Mr. Burdsall work something out with regard to interfacility transport units because she was not convinced that we have enough ground transport. Commissioner Bird asked Director Wright about issuing a limited Certificate of Need with a mutual aid agreement. Director Wright had no objection, but didn't know how profitable it would be to Able. Mr. Burdsall asked if a limited Certificate of Need, if issued, could include Sebastian Hospital. Commissioner Macht didn't believe there would be any ill effects by issuing the certificate, and competition does tend to sharpen everybody. Director Wright didn't want to experience the problems we had in the late 1980s by having many providers. He could not say that we have a need that is not being met, but that could change in the future. Mr. Burdsall believed his company would be more of a help than a hindrance. The Chairman asked if anyone else wished to speak on this issue. There being none, he closed the public hearing. COMMISSIONER MACHT'S MOTION TO APPROVE A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO ABLE AVIATION AND AIR AMBULANCE, INC., WITHOUT LIMITATION DIED FOR LACK OF A SECOND. Commissioner Eggert pointed out that the question remains about serving North County, but she did not think the need is there yet for a full Certificate of Need. She felt that is something we should watch because we had some problems with it before. She 22 � � r would like to see a limited certificate issued, and then after review and if the need arises, go to a full certificate. If we could start out with the transport to and from the airplanes, the mutual aid agreement would be available under these new rules and there could be an expansion later to a full certificate. Commissioner Adams posed a situation of need, and it was explained that it would fall to a mutual aid agreement between the parties. COMMISSIONER BIRD'S MOTION TO ISSUE A LIMITED CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO ALLOW ABLE TO TRANSPORT PATIENTS TO AND FROM AIRCRAFT DIED FOR LACK OF A SECOND. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously tabled this item until the regular meeting of August 9, 1994. PROPOSED HABITAT CONSERVATION AREAS AT SOUTH COUNTY PARK AND WATER TREATMENT PLANT The Board reviewed the following memo dated June 28, 1994: TO: James E. Chandler County Administrator DE ENT HEAD CONCURRENCE: Ro ert Rea i g, AICP community Develop,�mn11t�i ector FROM: Roland N. DeBlois;`XTCP Chief, Environmental Planning DATE: June 28, 1994 RE: Proposed Habitat Conservation Areas at the South County Park & Water Treatment Plant It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 5, 1994. 23 7 54 i D� FA"E -155 DESCRIPTION AND CONDITIONS At the June 21, 1994 Board of County Commissioners meeting, the Board tabled a request by staff to reconfigure a conservation area (from +g acres to +9 acres) at the South County Park, and establish a +5.5 acre conservation area on the adjacent County Water Treatment Plant property. The Board tabled the request to allow further staff coordination with groups. potentially affected by the proposal. Staff has since undertaken additional coordination efforts to address concerns raised at the June 21st Board meeting, and is now reporting to the Board for further consideration. Concerns The following concerns were raised at the June 21, 1994 Board meeting regarding the proposed conservation areas. * Potential limitations on future expansion of water treatment plant property facilities. * Potential impacts on future library site development. * Potential effect on plans by the School Board to use park ballfields and other facilities. * Wetland limitations on park development within the present conservation area to be released under the proposal. * Endangered Species Act/U.S Fish and Wildlife Service (FWS) requirements regarding scrub mitigation alternatives. ALTERNATIVES & ANALYSIS Expansion of Water Plant Facilities As presented at June 21, 1994 Board meeting, the +5.5 acre conservation area on the Water Plant property accounts for two proposed future water tanks, whereby the area will be located just north of the future tanks site. Also, the Water Plant conservation area will be structured to allow for future water/waste water transmission mains and a future well location in the proposed conservation area, as needed. Two wells already existing in the general area of proposed conservation will not be affected. The proposed Water Plant conservation area serves the added function of satisfying the county's native upland set-aside and development buffer requirements that would eventually be required as part of future site construction. In that the FWS has identified this area as part of existing scrub jay territory, preservation or mitigation of the- area would be required in conjunction with future site construction for compliance with the federal Endangered Species Act. The conservation area would serve an additional function of protecting wells with undeveloped green -space. Staff's conclusion is that the proposed conservation area on the Water Plant property will serve a number of important functions while still accomodating planned site improvements. If unforeseen 24 M M M improvement needs occur in the future - needs that cannot be accomodated elsewhere on the property - the County would have the opportunity to propose alternative mitigation (see "mitigation alternatives" discussed later in this memorandum). Future Library Site Impacts Staff has reviewed the +3 acre future library site on the southeast corner of the park property. This area consists of pine flatwoods, characterized by slash pines and palmetto, and does not contain scrub jay habitat (scrub oaks). Therefore, the scrub conservation proposal has no adverse impact on future library development. The proposed conservation area on the park county native upland set-aside requirements well as the park site. This is because the not a distinct parcel from the overall par no additional native upland set-aside conjunction with library development. School Board Use of Park Facilities property will satisfy for the library site as future library site is k property. Therefore, will be required in Since the Board's June 21, 1994 meeting, staff has coordinated with School Board staff. According to Greg Smith, Director of (School Board) Facilities, the proposed middle school intends to use facilities at the South County Park; therefore, proposed softball and soccer fields have been deleted from the school site plan (see attached memorandum). There are, however, plans to use this area once proposed for ballfields as grassy fields to allow for school activities and visual security. Concerning access from the middle school to park ballfields, a footbridge is proposed to cross the 5th Street S.W. drainage ditch, leading to a footpath accessing the park and- ballfields. In coordinating with FWS staff, it has been determined that footpaths/walking trails within the proposed conservation area would not be a conflict. Wetland Impacts on Released Area Development The conservation area presently of the park property consists of acres of wetland and 8.02 acres Staff is proposing to release t conservation restrictions, to be the north end of the park. existing on the southwest portion a total of 9.75 acres, being 1.73 of native upland pine flatwoods. he +8 acres of pine uplands from replaced by +9 acres of scrub at The wetland is located centrally on the north half of the overall existing 9.75 acre conservation area, and is partially serving a storm water management function. Any recreational development in this area, such as a driving range once considered by the Parks and Recreation Advisory Committee for the northeast portion of the park, would need to be designed to incorporate wetland preservation. The alternative of filling the wetland, however, is a possibility, although it would require state, federal, and county wetland resource permitting, including required mitigation. Mitigation Alternatives/FWS Requirements County attorney staff has reviewed the legal aspects of the federal Endangered Species Act and FWS authority to enforce the Act (see attached memorandum). J U L 5 1994 25 BOOK 92 Bm D2 o J U L 51994 In the Endangered Species Act, "taking" is collectively defined as "harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting" any 'endangered (or threatened) species. The FWS interprets "taking" as including the destruction of critical habitat of federally threatened or endangered species. Taking is a violation of the Act, unless an "incidental take" is authorized by the FWS under a Habitat Conservation Plan (HCP). The Endangered Species Act does not set forth criteria relating to HCP mitigation requirements. Rather, acceptable mitigation for any particular site is determined by FWS staff based on site specific habitat characteristics and, therefore, is variable. Regarding scrub habitat in the area of the South County Park, FWS staff has expressed the need to preserve and manage the remaining area scrub to prevent a further "taking" of scrub jays through habitat destruction. As an alternative to preserving remaining scrub on the park and/or Water Plant property, FWS staff has indicated that protection and management of other scrub in the area (i.e., Ansin property northwest of the park) could be considered. Therefore, if the Ansin property is publicly acquired in the future under a county -wide HCP, the County could petition the FWS to release county park and water plant property from Endangered Species Act purview. Summary Based on the explanation provided herein, the proposed conservation areas would: * allow for two future R.O. Plant storage tanks, transmission lines and a well (as needed), and would serve to satisfy county native upland set-aside and buffer requirements; * have no effect on future library site development at the southeast corner of the park property; _ * allow for middle school access to park facilities via walking paths; * release an existing +8 acre conservation area on the southwest portion of the park property for potential recreational development, although a 1.73 acre wetland at the north end of this area would need to be preserved, or filled and mitigated with agency permits; and * satisfy FWS mitigation requirements under the Endangered Species Act, but would not prevent the County from petitioning the FWS in the future to accept alternate mitigation as part of a county -wide HCP. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize reconfiguration of the conservation area at the South County Park to protect +9 acres of undeveloped scrub habitat on the north portion of the site, providing maintenance allowance of an *existing FPL power easement. NR M M Staff also recommends that the Board- consider U.S. Fish and Wildlife Service's recommendation that a +5.5 acre conservation area be established at the north end of the R.O. Plant property, providing for future placement of a well and water transmission mains, as needed. Additionally, staff recommends that the Board authorize staff to coordinate with the FWS and other appropriate agencies to manage the conservation areas, including prescribed burning and/or mechanical management. Chairman Tippin expressed his concerns about the gopher turtle in a controlled burning. The gopher turtle is an endangered species also. He didn't believe a gopher turtle could dig deep enough or fast enough to escape the heat from the flames if he is caught away from his burrow. If a fire is set 300 feet from his burrow, odds are that he won't get back to his burrow. With the proposed management plan, we would have this control burning for the scrub jays who can fly away. He believed that the time, energy, and money we are spending on this issue is ridiculous. Commissioner Bird asked if U. S. Fish and Wildlife Services' interpretation of taking has ever been challenged successfully in the Federal Court system? Deputy County Attorney Will Collins advised that there are several cases in the western United States, California, and Hawaii where the interpretation of taking was taken to court and upheld at the Federal Appellate court level. There was some modification to the regulatory definitions of harm to the endangered species in some of those cases, but when they went back to court, the courts still interpreted the regulation broadly because Congress wrote the language broadly. Community Development Director Keating noted that the Utilities Department is opposed to a conservation site on the water plant site, and Attorney Collins explained that they are looking for the maximum utilization of their property. Commissioner Macht emphasized the issue is that the citizens of Indian River County have put up a huge sum of money in recognition of the need to conserve habitat and to conserve species, and they have more then met their obligation. The amount of land in question is insignificant for the purpose of conservation. The $26 -million bond issue will produce significant areas. The County should retain the park site and utilities site for the use intended and represented to the citizens. JUL 51994 27 80OF 1 FIU F.:1 :AL mom 9 2 FvjF 759 JUL 59994 MOTION WAS MADE by Commissioner Macht, SECONDED by Commissioner Bird to deny staff's recommendation and retain the subject properties for the use intended and represented to the citizens. Under discussion, Commissioner Adams supported staff's recommendation which will allow us to comply with U.S. Fish & Wildlife. She believed that we will have to do it, or go to court, and she wasn't prepared to spend taxpayers' money on an issue that has been challenged time and again and been turned down. She preferred to direct our attention and efforts to Congress and U.S. Fish & Wildlife to try to effect a change of this burdensome act. Commissioner Macht explained that the criticism is leveled at the necessity of our staff having to waste time on non-productive areas where there is a public need. Commissioner Eggert pointed out that we still have to deal with our own Comp Plan which requires that 15 percent be set aside for conservation, and debating where that 15 percent should be on the subject properties. Commissioner Bird stated he wouldn't have a problem if the conservation area was limited to the park area because he believed the expansion of the utility site will become a necessity in the future. Commissioner Macht believed we would be betraying the interest and trust of the people to use these properties in this way after their approval of a $26 -million bond issue for acquisition of environmentally sensitive lands. Commissioner Bird asked if there is any possibility of a compromise with U.S. Fish & Wildlife for using just the recreational site as mitigation towards the clearing that was done there and excluding the 5.5 acres in the utility site. Director Keating advised that Roland DeBlois does not think they would accept just the park site transfer of the conservation easement as adequate. Jim Granse, a concerned citizen, felt that Commissioner Macht described the situation very clearly, and that we have to draw the line somewhere. Director Keating emphasized that there is a limited amount of habitat in this area with Indian River Heights to the north, Oslo Park to the south and development to the east and west. Generally there is very little scrub habitat in the South County that is used by the jays. A possible site is on part of the Indian River 28 M M Country Club property that is being developed in the Vero Beach Highlands. Commissioner Bird preferred that we agree to mitigate just the property on the park site and not the 5.5 acres of the utility site. We may have a need to drill wells or put something else in there in the future, and we probably would have to go to U.S. Fish and Wildlife for approval since it is habitat for an endangered species. Director Keating felt that would be the case. What we are looking at is not establishing a specific easement, but delineating these areas on a site plan. It is different than many other cases where private entities actually give an easement to the benefit of the County. The request here is not to give an easement to the benefit of U.S. Fish and Wildlife Service, but just to denote these on the site plan. We would go to U.S. Fish and Wildlife Service and make sure the way it is proposed is compatible with the area. We discussed this with them and we do not anticipate it being a problem. Commissioner Bird understood then that through the permitting process, U.S. Fish and Wildlife would retain control over the utility 5.5 acres whether or not we give it to them outright. That being the case, he stated he would withdraw his second to Commissioner Macht's motion to forego mitigation on both sites. COMMISSIONER BIRD WITHDREW HIS SECOND TO COMMISSIONER MACHT'S MOTION AND THE MOTION DIED FOR LACK OF A SECOND. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Eggert that the Board agree to mitigation on the park site only. Under discussion, Attorney Vitunac stated that he understood from Director Keating that to comply with the U.S. Fish & Wildlife Service we need to set aside only 3 acres on the utilities site if we were to drill a well there. However, our own County Codes are more restrictive. Commissioner Eggert understood then that Commissioner Bird's motion is that we handle the Utilities site if and when it comes up. THE _CHAIRMAN CALLED FOR THE QUESTION. The Motion carried by a 3-2 vote (Commissioner Macht and Chairman Tippin dissenting). 29 JUL 5 19 4 Fna 92 p?,clE 766 J WK 92 wa..CE 61 J U L 5 1994 / CR -510 The Board reviewed the following memo dated June 27, 1994: DATE: June 27, 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 1p SUBJ: Award Bid #4084/North US #1/CR 510 Utilities Department BACKGROUND INFORMATION: Bid Opening Date: Advertising Dates: Specifications Mailed to: Replies: VENDOR Speegle Construction Cocoa, FL RKT Constructors Titusville, FL American Lighting Maintenance West Palm Beach, FL Erskine Florida Properties Ft Pierce, FL R.A. Scott Daytona Beach, FL Telcon, Inc Pompano Beach, FL 30 June 8, 1994 May 16,19,26, June 2, 1994 Twenty -Nine (29)'Vendors Eight (8) Vendors BID TOTAL $1,137,000.00 $1,219,820.00 $14,283,255.50 $1,331,831.25 $1,511,511.11 $1.527,803.50 � � r JoBear Palm Bay, FL $1,546,490.00 Derrico Construction $1,572,251.00 Melbourne, FL TOTAL AMOUNT OF BID $1,137,000.00 SOURCE OF FUNDS 472-000-169-213.00 Utilities General - Impact Fees ESTIMATED BUDGET $1,420,000.00 RECOMMENDATION Staff recommends that the bid be awarded to Speegle Construction 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 as to form, when all requirements are met and approved by the County Attorney. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously awarded Bid #4084 to Speegle Construction in the amount of $1,137,000.00. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD REQUEST FROM LIMES FOR APPLIANCES The Board reviewed the following memo dated June 29, 1994: TO: Members of the Board of County Commissioners DATE: June 29, 1994 SUBJECT: REQUEST FOR APPLIANCE PURCHASE FROM JUDGES FROM: Joseph A. Bair OMB Director DESCRIPTION AND CONDITIONS Attached is a request from Judge Vocelle to purchase one microwave ($198.00) and two refrigerators ($598.00) for.the judges' galley at the new Courthouse. He is requesting we purchase these items because the judges are often at the Courthouse after hours and on weekends. In the letter he points out that the County is required to supply furnishings for the judges even though they are state employees. 3 'JUL 51994 1 BOOK c PA1,F Ml� J U L 5, 1994 6'n 92 mE 763 Indian River County has had the policy that we do not pay for employees' refrigerators, stoves, microwaves, coffee makers, etc., unless they work a 24-hour shift and cannot leave. Many County departments that work after hours and on the weekends have had to purchase their own appliances with each employee personally contributing their share of the cost. The Clerk of the Court employees that work in the court system bought their own appliances with their personal funds. I do not think that the state law requiring the county to supply adequate furnishings for the judges and constitutional officers was meant to include appliances (i.e., microwaves, stoves, refrigerators, etc.). We could ask for an Auditor General's interpretation. The dilemma we have is to apply a county policy fairly and consistently for employees, constitutional officers and state employees. RECOMMENDATION Deny the request for the judges to purchase the microwave at $198.00 and two refrigerators at $598.00 to be consistent with eldsting Board of County Commissioners policy. Judicial Assistant Pam Kreuger, representing a number of Circuit Court Judges, requested that the kitchen appliances be approved as they were included in the original budget. She stated that judges often work through lunch and eat dinner on the premises during lengthy court cases. Commissioner Adams stated that she worked through lunch, on weekends and nights and didn't expect the county to provide her with a refrigerator or microwave. OMB Director Joe Baird noted that individual County employees pool their money to purchase such appliances for their offices. He stated that County policy does not allow funds to be spent on kitchen appliances. He further noted that if we change this policy now, it would lead to a major expense. County Administrator Jim Chandler advised that only the fire department and emergency medical services personnel who work on 24 hour shifts are supplied with kitchen appliances. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously denied the request per staff's recommendation and as a matter of County policy. STREET LIGHTING OF 27TH AVE. (SR -607) FROM ST. LUCIE COUNTY LINE TO SR -60 BY FLORIDA DEPARTMENT OF TRANSPORTATION The Board reviewed the following memo Dated June 24, 1994: Kia TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Directo li SUBJECT: Street Lighting of 27tK Avenue (SR607) from St. Lucie County Line to SR60 by Florida DOT REF. LETTER: Ruth Yanks, Utilities Coordinator to James Davis dated June 9, 1994 DATE: June 24, 1994 FILE: 27LOTs.AON DESCRIPTION AND CONDITIONS The Florida DOT is currently designing shoulder widening and resurfacing of 27th Avenue (SR607) between SR60 -and the South County line. The corridor has been evaluated by the DOT for street lighting and qualifies for state funded street lights. The DOT has offered to furnish and install lights with three options proposed: Yearly Energy Costs Option 1: Full length of project 105 lights $ 8,820 Option 2: Oslo Road to SR 60 '68 lights $ 5,712 Option 3: 9 Main intersections 27 lights $ 21268 The County would be responsible for funding the yearly energy costs. ALTERNATIVES AND ANALYSIS Due to recent budgetary reductions, staff does not recommend Option 1. Option 2 would be preferable, but the $5,712 yearly cost is also significant. As a minimum, the nine intersections should be lighted. RECOMMENDATIONS AND FUNDING Staff recommends Option 3 whereby 27 lights are added at an annual cost of approximately $2,268 for energy consumption. Funding to be in ,FY95/96 in the Traffic Engineering budget (111 -245 - Transportation Fund). MOTION was made by Commissioner Macht, SECONDED by Commissioner Adams, that the Board approve staff's recommendation of Option No. 3. Under discussion, Commissioner Bird wondered if we are being short sighted in not accepting help to light that heavily travelled corridor by having the State pay $1, 000.00 each for installation of 68 lights between Oslo Road and SR -60. He felt we should go ahead and seize this opportunity. 33 J U L 5 1994 9 FBF 764 FF__ -7 J U L 5 1994 ROOF 92 P F, 76 Chairman Tippin asked if we can refuse to accept 27th Avenue from the State, and Public Works Director Jim Davis explained that legislation adopted in 1978 provides for the transfer of collector roads to the counties. He didn't understand why it has taken the State so long to get around to transferring 27th Avenue. Commissioner Bird felt we should go with Option No. 2 for safety and security reasons. Director Davis agreed there are a tremendous number of positive reasons to light the corridor. Some people may object to the high intensity of these lights and the height of them but it would be good to have them for the safety of the roadway. COMMISSIONER ADAMS WITHDREW HER SECOND TO COMMISSIONER MACHT'S MOTION AND THE MOTION DIED FOR LACK OF A SECOND. Commissioner Macht preferred just lighting the intersections in the residential areas. ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board approved Option 2 by a 4-1 vote (Chairman Tippin dissenting) and adopted Resolution 94-88 for State -funded lighting on 27th Avenue from SR -60. 34 FORM 723-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 1/83 DIVISION OF PRECONSTRUCTION AND DESIGN PAGE 1 of 1 COUNTY RESOLUTION HIGHWAY LIGHTING AGREEMENT COUNTY SECTION UTILITY JOB # STATE ROAD # COUNTY NAME PARCEL & R/W JOB N 88 004 1500 607 Indian River N/A A RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY LIGHTING AGREEMENT FOR THE ADJUSTMENT, RELOCATION AND/OR INSTALLATION OF A CERTAIN LIGHTING SYSTEM WITHIN THE RIGHT-OF-WAY LIMITS HEREAFTER DESCRIBED, AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. RESOLUTION NO. 94-88 ON MOTION OF Commissioner Bird , seconded by Commissioner Adams , the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation has located and proposes to construct or reconstruct a part of Highway Lighting System located on State Road 607 , St. Lucie County Line to S.R. 60 AND WHEREAS, the State of Florida Department of Transportation having requested the County of Indian River , Florida, to execute and deliver to the State of Florida Department of Transportation a Joint Project Agreement for Highway Lighting, providing for joint responsibilities of the Department and the County, and said request having been duly considered, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Indian River , Florida, that the Chairman and Clerk of the Board of County Commissioners be and are hereby authorized to make, execute and deliver to the State of Florida Department of Transportation a Highway Lighting Agreement for the adjustment, relocation, and/or installation of a certain lighting system within the Right of Way limits of said State Road 607 , Section _88004 BE IT FURTHER RESOLVED that this Resolution be forwarded to the State of Florida Department of Transportation at Tallahassee, Florida.' INTRODUCED AND PASSED by the Board of County Commissioners of Indian River-, County, Florida, in regular session, this S day of , , 19 y' , C air an of the Bgard obf County Co issioners J FI Il . T JN" --- 1 rain r{ivr Cn�A{ nrotcd na1R ATTEST: _ 1 Clerk o eNBooar I f County Commissioners Wish Mgr. 35 JUL 5 1994 BOOK , � i J U L 51994 8M 92 fxE 767 HELEN GLENN BRICK DRIVEWAY ENTRANCE STRUCTURE - CHERRY LANE PETITION PAVING PROTECT The Board reviewed the following memo dated June 27, 1994: TO.- James E. Chandler, County Administrator DATE: June 27, 1994 FROM: James W. Davis, P.E., Public Works Director 7§? SUBJECT: Helen Glenn Brick Driveway Entrance Structure - Cherry Lane Petition Paving Project REF. LETTER: 1) James Davis to George Glenn dated 6-8-94 .2) George Glenn to James Davis dated 6-16-94 DESCRIPTION AND CONDITIONS Last September, the -County completed right-of-way acquisition along Cherry Lane (33rd -Street) between 58th Avenue and 66th Avenue. The last three right-of-way parcels acquired belonged to the family of Helen Glenn. Local Attorney George Glenn represents the family. The County offered the appraised. value, $5,413.56, but the Glenn family requested compensation in the amount of $7,070.16 to offset all assessments to their properties. Three individual agreements were executed by the County and the Glenn family members owning the three parcels. The agreement between Helen Glenn and the County contained a provision that the County would pay to relocate two brick driveway entrance structures. Mrs. Glenn provided the staff with a written estimate by R.G.--Thomas;--Mason Contractor, to rebuild the structures at a cost of $4,460.00. In preparing the project cost estimate and assessment roll, staff used a cost of $5,000 to replace the structures. At this time, Mr. Thomas, the Mason Contractor, has retired and will not perform the work for the $5,000 estimated cost. Two other contractors, Walker Construction and Fersch Construction, have submitted prices of $9,387 and $17,325 respectively. Staff offered to pay to Mrs. Glenn the $5,000 instead of rebuilding the structure. She has agreed to take monetary compensation instead of having the structures rebuilt, but has requested payment in the amount of $7,000. Staff requested that she reconsider the $5,000 offer due to the fact that once the project preliminary assessment roll is approved by the Board, additional public hearings, registered letters notifying the benefitted owners of the cost inorease, public advertisements, etc. may be required. Mrs. Glenn has indicated that she still requests $7,000 compensation. ALTERNATIVES AND ANALYSIS Staff offers the following alternatives: Alternative No. 1 Approve the $7,000 requested compensation to Mrs._ Glenn. Alternative No. 2 Relocate the structures. Staff has been advised that the existing bricks need to be removed carefully and reused in building the structure or old antique bricks of equal value to the same dimension be used. Also, the work must be performed by a licensed mason and bricklayer. 36 RECOMMENDATIONS AND FUNDIN So that the project is not delayed, staff recommends that Alternative No. 1 be approved. Funding will be from the Special Assessment project account. Although the cost exceeds our estimate, staff will try to eliminate project costs so that the $291,554.25 project preliminary estimate is not exceeded. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Macht that the Board approve the payment of $5,000.00 which was based on Mrs. Glenn's original estimate. Under discussion, Commissioner Adams felt this offer is generous since we already have done quite a bit of work for her. Mrs. Glenn could either take the $5,000.00 or not have anything done. Commissioner Bird noted the estimates are wide ranging from $5,000.00 to $17,000.00. Apparently, the antique bricks need to be replaced. Attorney Vitunac emphasized that we are taking her property and if she doesn't agree to the $5,000.00, we would be back to having to move the brick driveway entrance structures. THE CHAIRMAN CALLED FOR THE QUESTION. The motion failed by a vote of 2-3 (Commissioners Bird, Eggert and Chairman Tippin dissenting). ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board by a 4-1 vote (Commissioner Adams dissenting), approved Alternate No. 1, as recommended by staff. AMENDMENT NO. 1 TO REAL ESTATE EXCHANGE CONTRACT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD WATER EXPANSION PLAN PHASE HUCONTRACT #3 CHANGEi, ORDER NO. 1 AND FINAL PAY REOiJEST - G. E. FRENCH, INC. The Board reviewed the following memo dated June 23, 1994° J U L 5 1994 37 J U L 51994 m�� F*a 769 DATE: JUNE 231 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCEG. PINT DIRECTOR IL Y S VICES PREPARED H. D. "D S ER, P.E. AND STAFFED ENVIRONMENTAL ENGINEER BY:- DEPARTMENT OF UTILITY SERVICES WATER EXPANSION PLAN PHASE III/CONTRACT NO. 3 SUBJECT: 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 $2,1661,044.27, which included a $263,034.75. estimate of Contract No. 3. On September 21, 1993, the contract was awarded in the amount of $187,647.00. Construction of the subject project has been completed and the contractor, G. E. French, Inc., of Okeechobee, 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 $187,647.00. Change Order No. 1, which decreases the contract price by $280.55 results in a final contract price of $187,366.45. The change order was necessary due to field adjustments. The contractor has previously billed $159,812.51 leaving a balance of $27,553.94. RECOMMENDATION The Department of Utility Services recommends the approval of Change Order No. 1, and of the final payment request of $27,553.94 as payment in full for services rendered. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved Change Order No. 1 and final pay request of $27,553.94 to G.E. French Construction, Inc., as recommended by staff. CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 38 NORTH COUNTY FORCE MAIN - AIR RELEASE VALVE INSTALLATION The Board reviewed the following memo dated June 20, 1994: DATE: JUNE 20, 1994 TO: — JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO/' DIRECTOR OF ISERVICES PREPARED WILLIAM F. ��////// AND STAFFED CAPIT TS ENGINEER BY: DEP F UTILITY SERVICES SUBJECT: NORTH COUNTY FORCE MAIN AIR RELEASE VALVE INSTALLATION BACKGROUND Over the past few years, gas generation problems in the North County sewer system have been adversely affecting the force main system. The County utilities staff, until recently, has been able to deal with this problem utilizing existing manual air releases and pump station valve pits. This method is no longer successful. (See attached memo dated April 21, 1994) ANALYSIS The Utilities Department is proposing the installation of ten automatic air release valves in the system, as noted on the attached memo dated April 21. The cost of the valves is $3,371.64, including a small contingency amount. Quotes for installation were acquired from three contractors and are attached. The lowest bid of $9,372.00 is from Treasure Coast Contracting, Inc. The Utilities Department is requesting approval to award the work to Treasure Coast Contracting, Inc., and proceed with the installation of these valves. A purchase order would be issued for this project. Funding for the work will be from fund 472. RECOMMENDATION The staff of the Department of Utility Services recommends approval of this project as presented. Commissioner Adams asked where the gas build up comes from, and Capital Projects Engineer Bill McCain explained that the methane gas generation was from the wall retention. Over time it is a very common thing, more so in this case because of the length of the force main. The valves were not needed when the project was initiated. It was originally estimated that there would be greater flows coming from the Sebastian area, and since the city pulled out after the construction, flows were much less than anticipated. He advised that the life expectancy of the valves is 15 to 25 years. an 92 f�fi 7-76' J BOOK 2 ea T-11 J U L 5 1994 ON MOTION by Commissioner Bird, SECONDED by Commissioner Macht, the Board unanimously approved staff's recommendation, as presented. AGREEMENT WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN PROPERLY EXECUTED AND RECEIVED DISCUSSION RE APPOINTMENT OF ALTERNATE VOTING MEMBER TO PLANNING & ZONING COMNIISSION The Board reviewed the following letter dated June 29, 1994: BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 Telephone: (407) 567-e= June 29, 1994 Hon. John W. Tippin, Chairman Indian River Co. Board of Commissioners 1840 25th Street Vero Beach, FL 32960 Dear John, The chronic failure of assembling a full panel of P & Z commissioners is both embarrassing and misleading. The time has passed to take corrective action. I propose that the enabling legislation be amended to provide for an alternate commissioner empowered to take the seat of an absent regular member and vote the issue. Yours truly, Kenneth R. Macht, Vice Chairman Under discussion, Commissioner Macht asked whether, in light of recent voted at Planning & Zoning Commission meetings where applicants' requests have been technically denied due to absences, we should change our enabling legislation to include an alternate member to vote for an absent member on an issue. Since we appoint from the 5 districts, the individual would not be able to assume a full seat on the vacancy, but would be able to assume regular membership in the district from which he comes, or from the members 40 M M M favor, and it comes to us as a denial and causes confusion in the public's mind. Chairman Tippin noted we have two problems: 1) conflict of interest, and 2) attendance. He believed that a potential appointee should agree to attend a minimum of 90 percent of the meetings; if not, they ought not to accept the appointment. This could be a policy matter. Chairman Adams recalled that the Planning & Zoning Commission expanded from 5 to 7 members for exactly that reason. She preferred that a member be taken off the Board if they miss a certain percentage of meetings. Attorney Vitunac recommended the appointment of 2 alternates with the requirement that they attend every meeting. Commissioner Eggert wanted members to be pressured into being there, and for them to understand how important it is to be there. Commissioner Bird considered the P&Z to be the most important Board we have, because it has the most individual power of any board we have. To be effective on that Board requires a real educational process. It takes time to learn all the ordinances and land development regulations and how to apply them. Unless alternates apply themselves and have a regular attendance, he wondered how effective they would be. Leroy Hiers, P&Z member, stated he wouldn't feel comfortable with an alternate member filling in for him. He understood that the rules say that a member of the P&Z can be dismissed if they miss more than 3 meetings in a year without a valid reason. It was the consensus of the Board that no action be taken. COURTHOUSE OPENING CEREMONIES Commissioner Bird advised that we have been notified that the completion of the new Courthouse has been delayed. Our opening ceremonies will now have to be put off until a future date. Due to the uncertainty of the opening date, he suggested that the Board rescind the prior invitations to speakers for the opening ceremony, especially those of federal and state prominence. When we are in a better position to know when the opening date will be, we can decide to re -schedule speakers for the opening ceremonies and perhaps invite speakers of local or regional import. J U L 5 1994 41 BOOK 9.2 FALL 7 -13 iU�L5 ' 9 ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board by 4-1 vote (Commissioner Adams dissenting) agreed to rescind the prior invitations to the opening ceremonies of the new Courthouse. EMERGENCY SERVICES DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene as the District Board of Commissioners of the Emergency Services District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the B "44 -rd adjourned at 11:29 a.m. a r o e { P w ^IDI e a ATTEST:" - 7 ^ Y A K J. K. Ehite� 1 John W. Tip , Chairma w "u 42