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BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, SEPTEMBER 20, 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. I. CALL TO ORDER
2. INVOCATION -
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
3. PLEDGE OF ALLEGIANCE - Charles P. Vitunac
4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS
8-A Discussion re Piper Aircraft Bankruptcy
8-B City of Vero Beach - Extension re Tax Adjustment
13-A-1 Greenways Task Force Meeting
13-A-2 Homeowners Association Public Forums
7-K Economic Development Council
13-B FDLE's Position on Casinos
13-C Downdrift Coalitid-n re Sebastian Inlet
10 Raft Removal
S. PROCLAMATION AND PRESENTATIONS
Adoption and Presentation of Proclamation Designating
Month of October, 1994 as Disability Employment Aware-
ness Month in Indian River County, Florida
6. APPROVAL OF MINUTES
Regular Meeting of August 2, 1994
7. CONSENT AGENDA
A. Received and Placed on File in Office of Clerk
to the Board:
Report of Convictions, Month of August 1994
I.R.C. Hospital District - Change of September
Meeting Date
B. Release of Utility Liens
( memorandum dated September 9, 1994 )
C. Release of Utility Liens and Consent to
Assumption -of.. Lien
Y
iinemori dum .dated. September,1994)
.• - ..P. o
D. Police Academy Trust Fund
(memorandum .dated .September 14, 1994)
E. Misc. Budget Amendment 026
(memorandum dated August 31, 1994)
7. CONSENT AGENDA (cont'd. ):
F. Request for Authorization to Use Upland
Mitigation and Tree Fine Account Funds for
Brazilian Pepper Removal and Tree Relocation
at the Oslo Riverfront Property
(memorandum dated September 12, 1994)
G. Award Bid #5000 / Sidewalks
( memorandum dated September 8, 1994 )
H. Award Bid #5001 / Catch Basins 6 Storm Water
Inlets
( memorandum dated September 8, 1994 )
I. Award Bid #5005 / Asphalt Coated Corrugated
Steel and Aluminum Pipe
( memorandum dated September 8, 1994 )
J. Award Bid #5006 / Reinforced Concrete Pipe
( memorandum dated September 7, 1994) _
K. Economic Development Council Vacancies
8. CONSTITUTIONAL OFFICERS AND _
GOVERNMENTAL AGENCIES '
None A. Discussion re Piper Aircraft Bankruptcy
B. City of Vero Beach - Extension re Tax Adjustment
9:05 a. m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
Presentation by I.R.C. Historical Society to
Thank Commissioners for Their Support
( letter dated September 9, 1994 )
B. PUBLIC HEARINGS
1. Mr. E Mrs. Ross' Request for Special
Exception Use Approval for a Child Care
Facility
( memorandum dated September 14, 1994 )
2. Jeff Meade's Request for Planned Develop-
ment Special Exception Approval for a
Development to be Known as Eagles Nest
Estates
( memorandum dated September 13, 1994 )
3. Coraci/St. Sebastian River C-3 Land Use
Designation
( memorandum dated September 13, 1994 )
10. COUNTY ADMINISTRATOR'S MATTERS
None Discussion re raft removal
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT �_ ...
�' - ..•'None •.� ,� .. "��' s :" .'.° ....
B. EMERGENCY SERVICES
None
11. DEPARTMENTAL MATTERS (cont'd. ):
C. GENERAL SERVICES
- _ - 1. I RC Courthouse Project / Change Order #12
( memorandum dated September 8, 1994 )
2. IRC Courthouse Project / Change Order #13
( memorandum dated September 8, 1994) _
- D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
Bond Counsel Selection Ranking
( memorandum dated September 14, 1994 )
F. PERSONNEL
Claims Service Agreement
( memorandum dated September 12, 1994 )
G. PUBLIC WORKS
1.
58th. Ave. &.Oslo_ Rd.. R -O -W. .Acquisition;
Parcels 001. and - #101-A, -. L' au -rel Builders;
Inc.
(memorandum dated September 13, 1994)
2. IR Blvd. Ph. IV Change Order #3 and Final
Payment
( memorandum dated September 14, 1994 )
H. UTILITIES
1. So. Co. R.O. - Ph. II, Retainage Reduction
and Payment Application No. 13
( memorandum dated September 9, 1994) _
2. So. Co. WWTP / Work Authorization, Amend-
ment No. 1
( memorandum dated September 13, 1994 )
3. Water Main Replacement Project / Whispering
Palms, Dixie Gardens, Caribbean S/D 8 10th
Ave., 9th Place, 9th St. 8th Place 8 7th Ave.
( memorandum dated September 9, 1994 )
4. Telemetry System Upgrade for Water Plants
and Distribution System
(memorandum dated August 18, 1994)
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN JOHN W. TIPPIN
1. Greenways Task Force
2. Homeowners Association Public Forums
.:r. t A _ • 4 . � s+s 'fin'' ,�: �.r.
B. VICE CHAIRMAN KENNETH R. MACHT
FDLE's Position on Casinos
13. COMMISSIONERS ITEMS (cont'd. ):
C. COMMISSIONER FRAN B. ADAMS
Downdrift Coalition re Sebastian Inlet
D. COMMISSIONER RICHARD N. BIRD
E. COMMISSIONER CAROLYN K. EGGERT
14. SPECIAL DISTRICTS
A.. EMERGENCY SERVICES DISTRICT
1. Approval of Minutes - Meeting of 7/26/94
2. Approval of FY 94/95 EMS County Awards
Grant
(memorandum dated September 12, 1994)
B. SOLID WASTE DISPOSAL DISTRICT
1994-95 Recycling and Education Grant
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_S-E BASED..
y ANYONE. WH.O . NEEDS
�� SP.ECI�k �Atr•COMA'7IODATtC d FO1 afiH�S MEET:I:AIP - .
MAY CONTACT 'THE- COUNTY'S WITH oisrAsto'rog , ACT (•ADA )
COORDINATOR AT 567-8000 X 408 AT 'LEAST 48 -HOURS. IN ADVANCE OF
MEETING. _ -
September 20, 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, September 20,
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 P. J.
Jones, Deputy Clerk.
Chairman Tippin called the meeting to order, and County
Attorney Charles Vitunac led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Chairman Tippin requested the addition to today's Agenda of
the following items:
1. Comments from David Nolte, Property Appraiser,
regarding Piper Aircraft's bankruptcy and back
taxes (8-A).
2. City of Vero Beach request for extension to
file for tax adjustment for airport taxes
(8-B) .
3. Memorandum from Senator William G. "Doc" Myers
regarding the Greenways Task Force Meeting
(13-A-1).
4. Announcement regarding Homeowners Association
Public Forums (13-A-2).
Commissioner Eggert requested the addition of a memorandum
concerning the Economic Development Council's addition of two
members (7K).
Commissioner Macht requested the addition of discussion
regarding the Florida Department of Law Enforcement's position on
Casinos (13-B).
Commissioner Adams requested
decision in favor of the Downdrift
Inlet (13-C) .
September 20, 1994 1
the addition of the State's
Coalition against Sebastian
BOOK 93 PAU 492
a
BOOK 93 PK"' P�.!9J
County Administrator Chandler requested the addition of a
report on raft removal (10).
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board, by a 4-0 vote
(Commissioner Bird late in arriving) added the above
items to the Agenda.
PROCLAMATION AND PRESENTATIONS
Chairman Tippin read aloud the following Proclamation and
presented it to Kay Kennedy of the Treasure Coast Private Industry
Council:
PROCLAMATION
DESIGNATING THE MONTH
OF OCTOBER, 1994 AS'
DISABILITY EMPLOYMENT.' _
AWARENESS.-114ONTfi•;.IN••
INDIAN RIVER COUNTY, FLORIDA
WHEREAS, legislation has been enacted at the state and
national levels' to make employment discrimination against persons
with disabilities illegal; and
WHEREAS, the Governor's Alliance for Employment of Disabled
Citizens in its seventh year continues to strive to increase the
opportunity for work for Floridians with disabilities; and
WHEREAS, Florida's private and public sector workforce is
enhanced by the diversity of its employees with disabilities; and
WHEREAS, the coordinated efforts of employers, job placement
service providers and consumer action groups, are the catalysts
for expediting employment for Floridians with disabilities; and
WHEREAS,. October has been prc?claimed NATIONAL DISABILITY
AWARENESS. MONTH to honor outstanding employees with disabilities,
employers of persons with disabilities and programs which serve
as a bridge between employers 'and job -seekers with disabling
conditions: - -
NOW, THEREFORE, BE IT PROCLAIMED BY THE' BOARD OF COUNTY
COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of
October, 1994 be designated as
DISABILITY, EMPLOYMENT AWARENESS MONTH
in Indian River County, and the Board further urges all residents
to recognize and celebrate the employment contributions of
persons with disabilities and to energize their commitment to
building and being a strong, diverse labor force.
day of September, 1994.
w .,j .1•.; BComly OF Cou�TY COMM S$tONI-R
INDIAN RIVER -,COUNT FLORIDA
September 20, 1994 2
�• ltC �• t ,. a
ohn W. Tipp,1h/, 'Chai an
1
APPROVAL OF MINUTES
The Board reviewed the Minutes of the Regular Meeting of
August 2, 1994:
ON MOTION by.. Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the Minutes of the Regular Meeting of August 2,
1994, as written.
CONSENT AGENDA
Commissioner Macht requested that Item G be removed from the
Consent Agenda for discussion.
A. Reports
Received and placed on file in the office of the Clerk to the
Board:
Report of Convictions for the month of August, 1994
I.R.C. Hospital District - Change of September Meeting Date
B. Release of Utility Liens
The Board reviewed Memorandum of September 9, 1994:
TO: BOARD OF COUNTY COMMISSIONERS
*OW de.
FROM: Lea R. Keller, CLA, County Attorney's Office
RE: RELEASE OF UTILITY LIENS DATE: September 9, 1994
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:
BLANTON JACKSON(2)
MORNING NANTZ
ROCHEFORT TV PARK LTD.
WEST
2. A -1-A Water Special Assessment:-•
SOOWAL
3. 8th Street Water Project Special Assessment:
CANTLEBARY MORNING
September 20, 1994 3
BOOK 93 FACE
-1
BOOK 93 r-,vjr, 295
4. 12th Street Water Special Assessment:
BURKET
5. Green Acres Water Special Assessment:
THIEL(2)
6. Indian River Blvd. Special Assessment:
CATALINA HOMES, INC.
7. Phase I Water Special Assessment:
BLANTON ELLERBE
KOUSPOS
8. Phase II Water Special Assessment:
BRADSHAW CONKLIN
NANTZ
9. North County Sewers Special Assessment:
STRNAD HAYES
RINEHART WE IMER
NPNS, INC. GRAYBILL/FLEMING/WEIMER
10. Royal Poinciana Park Special Assessment:
KE;LLU�
` lr- 'State- Road 60. Sewer Project i
Map -#41 - REALCOR (Countryside) Lots 7 and 226
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
release of utility liens as recommended by staff.
LIEN RELATED DOCUMENTS ARE ON FILE IN THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA
C. Release of Utility Liens
The Board reviewed Memorandum of September 9, 1994:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: LeaRR.XKellCler, CLA, County Attorney's Office
DATE: - September 9, 1994
RE: RELEASE OF UTILITY LIENS AND CONSENT TO ASSUMPTION OF LIEN
September 20, 1994 4
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The attached lien releases are in proper form for the Board of County
Commissioners to authorize the Chairman to sign so that_ they can be
recorded. The names and projects are:
1 Phase III Water Special Assessment:
AVOLIO JR.
BROWN
DOWN
GIBSOX .
-HERRERA.
MAROHN
MEYER/MCKAY
PNC TRUST CO.
PRITCHETT/SMITH
SCALES
SMITH
SULLIVAN
WITKOWSKI
YATTEAU
BAINER
BRUININKS
GIBSON
GUERRA.
JONES'-
MEDFORD
1(60RE
POLK
RICKLI
SCHLESSELMAN(TR)
SORENSON
TRIPOLI
YATTAW
ZWEMER SR.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
release of utility liens as recommended by staff.
LIEN RELATED DOCUMENTS ARE ON FILE IN THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA
A Police Academy Trust Fund
The Board reviewed Memorandum of September 14, 1994:
TO: Members of the Board
of County Commissioners
DATE: September 14, 1994
SUBJECT: POLICE ACADEMY TRUST FUND - CONSENT AGENDA
FROM: Joseph A- Baird
OMB Director
DESCRIPTION AND CONDITIONS
The Sheriff. has, regiuested . the., financial responsibility. for the Police. Arademy- Trust - Fund be
s
.transferred ft3m the * Clerk's Yoffice, : io : ;the. tier oati� ' :of.:`eoiinty Commissioners .staff has
reviewed this matter and is in agreement with the request.
RECOMMENDATION
Staff recommends Board of County Commissioners approve transferring the financial responsibility
for the Police Academy Trust Fund from the Clerk's office to the Sheriff.
September 20, 1994 5
BOOK 93 PAGE 296
BOOK 93 FACE67
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
transferring the financial responsibility for the
Police Academy Trust Fund from the Clerk's office to
the Sheriff, as recommended by staff.
E. Miscellaneous Budget Amendment 026
The Board reviewed Memorandum of August 31, 1994:
TO: Members of the Board
of County Commissioners
DATE: August 31, 1994
SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 026
CONSENT AGENDA
FROM: Joseph A. Baird
OMB Director q,
DESCRIPTION AND CONDITIONS
The attached budget amendment is to appropriate funding for the following:
� . "This- entry 7ifl eases revenues- and expenses, for the -Police .Academy Trust
Fund. 4 4 _ t .
2. Florida Contraband Forfeiture Act requires 15% of the proceeds be used to
support or operate Drug Abuse or Crime Prevention programs. (This entry
allocates 15% of the proceeds ($100,191.70) received in 1992/93 FY.)
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget amendment
026.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
Miscellaneous Budget Amendment 026, "as recommended
by staff.
September 20, 1994
2
TO: Members of the Board BUDGET AMENDMENT: 026
of County Commissioners
FROM: Joseph A. Baird DATE: September 14. 1994
- OMB Director
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
REVENUE
POLICE ACADEMY TRUST FUND
Police Education
103-000-351-030.00
$60,000
$0
EXPENSE
Tuition/Registration
103-600-521-035.43
$60,000
$0
2.
REVENUE
SPECIAL LAW ENFORCEMENT/
Cash Forward
112-000-389-040.00
$15,200
$0
EXPENSE
Drug & Crime Prevention Program
112-600-521-083.01
$15,200
$0
F. Request for Authorization to Use Upland Mitigation and Tree Fine
Account Funds
The Board reviewed Memorandum of September 12, 1994:
TO: James E. Chandler
County Administrator
DXPUTMENT HEAD CONCURRENCE:
Monerz M. meati g, A
Community Devel pm Director
FROM: Roland M. DeBlois, AICP
Chief, Environmental Planning
DATE: September 12, 1994
RE: Request for Authorization to Use Upland
Mitigation and Tree Fine Account Funds for
Brazilian Pepper Removal and Tree Relocation.
at the Oslo Riverfront Property,
'requested -that . the data - here4. n presenter). be 'given formal a
consideration by the Board of County Commissioners at its regular
meeting of September 20, 1994.
September 20, 1994
'BOOK 93 PAGE 298
BOOK 93 FAu 2.
DESCRIPTION AND CONDITIONS
The Oslo Riverfront property, approximately 300 acres of
coastal/tropical hammock, scrubby flatwoods and estuarine wetlands
north of and surrounding the Florida Medical Entomology Laboratory
(FMEL) on Oslo Road, was jointly acquired by the County and the St.
Johns River Water Management District (SJRWMD) in August, 1991.
On April 27, 1993, the Board of County Commissioners approved a
draft management plan for improvements on the subject -property
compatible with site resources, including plans to eliminate
nuisance exotic Brazilian pepper from the property over time. The
overall plan has since been positively reviewed by SJRWMD staff.
County staff has' been coordinating with FMEL staff in the
elimination of Brazilian pepper on the lab property and adjacent
Oslo Riverfront property. Particularly, on the southwest corner of
the Olso Riverfront property, there exist approximately one acre of
Brazilian pepper in an area envisioned for future limited parking
access.
Developers of a Saturn car dealership, across Oslo Road and near
the Oslo Riverfront property, have recently begun land clearing
their construction site. On the dealership property, six +12 inch
diameter oak trees are slated for removal. County staff has
investigated the costs and opportunity of transplanting these oaks
to the Oslo Riverfront property, in a portion of the area proposed
for Brazilian pepper clearing.
Staff requests that the Board authorize the expenditure of funds
(;4,200) from the county native upland mitigation account, for the
removal of approximately one acre of Brazilian pepper from the Oslo
Riverfront property. Staff also requests authorization to expend
funds (not to exceed $1,100) from the county tree fine account for
the transplanting -of six oak trees from the Saturn dealership. _site
�River€runt pr®pe3cty.:'
ALTERNATIVES & ANALYSIS
Brazilian Pepper Removal
In accordance with county procedures, staff has received three bid
estimates for removal of approximately one acre of Brazilian pepper
on the subject property. The low bid is $4,200 from Miles Modern
Tree Care.
Removal of Brazilian pepper from the Oslo Riverfront property is
consistent with the management plan for the property and, in
general, serves a county comprehensive plan objective to eliminate
nuisance exotic vegetation in the county. Presently, FMEL staff
has volunteered to assist in the monitoring and maintenance of
cleared Brazilian pepper areas to ensure that no peppers return.
This maintenance will consist of selective application
the
herbicide Garlon, which has proven effective in Brazilian.pepper
eradication.
It As appropriate to use native up -a d Uitigati;on account.'funds for
Brazilian pepper removal on conservation properties, because the
expenditure contributes to the management of conservation. land
acquired for habitat protection.
September 20, 1994 8
Oak Tree Transplanting
Clearing Brazilian pepper from the southwest portion of the Oslo
Riverfront property affords a present opportunity to transplant six
mature live oaks to the property, whereby the trees would otherwise
be destroyed. Staff has researched the availability of a tree
spade to transplant the trees, including the County Road and Bridge
Division tree spade. Staff's finding is that the only spade in the
region big enough to ensure reasonable transplanting success of
these sizeable trees is a 90 inch spade owned by Abele Tree Movers,
based in Brevard County.
Abele Tree Movers' fee for relocating trees is $90 per hour, plus
$100 for round trip transport of the tree spade. In discussions
with Mr. Skip Glover of Abele Tree Movers, staff estimates that the
tree removal project would be. substantially completed in one 8 to
10 hour working day, which calculates to a total of $90.0 to $1,100.
Use of funds from the county tree fine account is appropriate
because fines collected for illegal tree removal and land clearing
would contribute to saving six mature native oak trees that would
otherwise be legally destroyed.
FIND Grant Application Match
In April, 1993, the Board of County Commissioners authorized
submittal of a Florida Inland Navigation District (FIND) grant
application for cost -share funding of Oslo Riverfront property
improvements. The first phase of the grant application, relating
to project design, engineering, and permitting, was approved by
FIND this past fiscal year, and progress has been made in
completing these tasks.
Staff plan to re -submit the application for second phase cost -share
- fundigg:for fiscalyear..1995.-96 The.: second 'phase. of .the ;FIND •grant.
a es=�ta,cons ri�Ct�.on`:uGf sito - mpirovements, and 'includes= V.
removal of exotic plant species;and=h bi at'restoratiori:.:.-Th�erefore, '
the expenditure of mitigation funds for Brazilian -.pepper removal
and native plantings can be credited towards county match of the
overall cost -share project.
RECOMMENDATION
Staff recommends:. that the Board of County Commissioners authorize
the use of $4,200 from upland mitigation fund account # 601-000-
220-033.00 for Miles Modern Tree Care to remove approximately one
acre of Brazilian pepper from the southwest portion of the Oslo
Riverfront property. Staff also recommends that the Board authorize
the use of $1,100 in tree fine account funds for
the relocation of six +12" oak trees, by Abele
Tree Movers, to the property from the adjacent Saturn dealership
site.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously authorized
the use of $4,200 from the upland mitigation fund
account for Miles Modern Tree Care to remove
approximately one acre of Brazilian pepper from the
southwest portion of the Oslo Riverfront property
and the use of $1,100 in tree fine account funds for
the relocation of six +12" oak trees, by Abele Tree
Movers, to the property from the adjacent Saturn
dealership site, as recommended by staff.
September 20, 1994
BOOK 93 PAGE 300
BOOK 93 MUM
G. Award Bid #5000 / Sidewalks
The Board reviewed Memorandum of September 8, 1994:
DATE: September 8, 1994
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Service
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #5000/Sidewalks
Road and Bridge/Annual Contract
BACKGROUND INFORMATION:
Bid Opening Date: August 10, 1994
Advertising Dates .July 27,, August 3, 1994.
- ,Sped€ications�-McAiled',�o ,':,S,
,:'Venteen (T7)• Vendors
_ Replies: Two (2) - .
BID TABULATION UNIT PRICE
PER SQUARE YARD
Pavco Construction $14.00 - 4" Sidewalks
Melbourne, FL $16.75 - 6" Sidewalks
Mastercraft Inc $65.48 - 4" Sidewalks
Vero Beach, FL $78.57 - 6" Sidewalks
RECOMMENDATION:
1. Staff recommends that the bid be awarded to Pavco
Construction as the lowest, most responsible bidder
meeting specifications.
2. Establish an Open End Contract with Pavco Construction
with a not to exceed amount of $ 10,000.00 during the
period October 1, 1994 thru September 30, 1995. Last
year's total expenditures were $10,000.00.
3. Authorize the Purchasing Manager to renew this contract
subject to satisfactory performance, zero cost
increase, vendor acceptance, and the determination that
renewal is in the best interest of the County.
f
Commissioner Macht inquired about the big discrepancy in bids
and Commissioner Adams noted that the bids had gone from $14 per
foot to $17 per foot. H. T. "Sonny" Dean, Director of Department
of General Services, advised that 17 bids were solicited.
Chairman Tippin commented that there is a price to be paid for
doing business with the County versus private industry.
County Administrator Chandler noted that the low bid is a good
bid and that satisfactory service has been provided by Pavco in the
past.
September 20, 1994 10
� _ r
Commissioner Adams remarked that other companies do not bid
because they know that Pavco comes in with low bids.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the award of Bid #5000 to Pavco Construction in a
not -to -exceed amount of $10,000 during the period
October 1, 1994 through September 30, 1995, as set
out in staff's recommendation.
H. Award Bid #5001 / Catch Basins & Storm Water Inlets
The Board reviewed Memorandum of September 8, 1994:
DATE: September 8, 1994
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Adminigr�rator
r•
H.T. "Sonny" Dean, Director y
Department of General Servic
FROM: Fran Boynton Powell, Purchasing Manage
SUBJ: Award Bid #5001/Catch Basins & Storm Water
Inlets
Road and Bridge/Annual Contract
BACKGROUND INFORMATION:
Bid Opening Date: _ Ausf 10.:1994
a Adverti.sincj •-Dates:. 2g
-31r. 1994.
Specif ibations M led to: ,..: Forty (A Q). Vendors
Replies: V Three (3) -Vdfidors
BID TABULATION
Mack Concrete
Astatual, FL
American Concrete Industries
Ft Pierce, FL
Tri County Concrete
West Palm Beach, FL
NOTE:
Item 1 - Inlet Type C
Item 2 - Inlet Type P5
September 20, 1994
11
UNIT PRICE
$ 370.00 Item 1
$1,040.00 Item 2
$ 488.00 Item 1
$ 812.00 Item 2
$ 430.00 Item 1
$ 915.00 Item 2
BOOK
93 PAGE 392
F_
Boa 33 Pace 333
RECOMMENDATION
Staff recommends the following:
1. Award the bid to Mack Concrete for the Inlet, Type "C"
and the Inlet, Type P5 to American Concrete Industries.
2. Establish an Open End Contract with Mack Concrete and
American Concrete Industries with a not to exceed
amount of $25,000.00 for the period October 1, 1994
thru September 30, 1995. Last years expenditures were
$24,413.00.
3. Authorize the Purchasing Manager to renew this contract
subject to satisfactory performance, zero cost
increase, vendor acceptance, and the determination that
renewal is in the best interest of the County.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the award of Bid #5001 to Mack Concrete for the
Inlet, Type "C", and the Inlet, Type P5 to American
Concrete Industries in a not -to -exceed amount of
$25,000 for the period from October 1, 1994 through
September 30, 1995, as set out in staff's
recommendation.
I. Award Bid #5005/Asphalt Coated Corrugated Steel and Aluminum Pipe
The Board reviewed Memorandum of September 8, 1994:
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator DATE:
H.T. "Sonny" Dean, Director
Department of General Servic September S. 1994
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #5005/Asphalt Coated Corrugated Steel
and Aluminum Pipe
Road and Bridge/Annual Contract
BACKGROUND INFORMATION:
Bid Opening Date:
Advertising Dates:
.= Specifications .Kailed' to:
Replies. _
September 20, 1994
Au t 12, 1994
Juy 29, August .5, 1994
Niues(•9-)_ Vindors -
-Three (3)
12
0
_I
BID TABULATION
Metal Culverts
Clearwater, FL
Contech Construction
`Lantana, FL
Southern Culvert
Ft Pierce, FL
RECOMMENDATION:
UNIT PRICES
SEE ATTACHED BID
TABULATION
1. Staff recommends that the bid be awarded to Metal
Culverts as the lowest, most responsible bidder
meeting specifications.
2. Establish an Open End Contract with Metal Culverts
with a not to exceed amount of $100,000.00 during the
period October 1, 1994 thru September 30, 1995. Last
year's expenditures were $55,000.00.
3. Authorize the Purchasing Manager to renew this contract
subject to satisfactory performance, zero cost
increasevendor acceptance, and the determination that
i
renewal s in the best interest of the County. .
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the award of Bid #5005 to Metal Culverts in a not -
to -exceed amount of $100,000 for the period October
1, 1994 through September 30, 1995, as set out in
staff's recommendation.
I Award Bid ##5006/Reinforced Concrete Pipe
The Board reviewed Memorandum of September 7, 1994:
DATE: September 7, 1994
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Adminiptrator
H.T. "Sonny" Dean, Directo
Department of General Services
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid 15006/Reinforced Concrete Pipe
Road & Bridge/Annual Contract
BACKGROUND INFORMATION:
Bid Opening -Date August 10, 1994
Advertising .Dates: July ,Z7,Aug 3,.19
94 .
"Spe_cficatonc Mailed to. '�'-Lighteii .(_tg):,Venrpr�.:
Replies:` Three (3)
September 20, 1994
13
BOOK 93 PAGE -3 0 4
BOOK 93 PnE 305
BID TABULATION TOTAL BID
Southern Culvert $50,721.60
Ft Pierce, FL
Tri -County Concrete $61,843.80
West Palm Beach, FL
Joelson Concrete Pipe Co $62,491.24
Venice, FL
RECOMM]UMATION :
1. Staff recommends that the bid be awarded to Southern
Culvert as the lowest, most responsible bidder
meeting specifications.
2. Establish an Open End Contract with Southern Culvert
with a not to exceed amount of $100,000.00 during the
period October 1, 1994 thru September 30, 1995. Last
year's expenditures were $95,470.26.
3. Authorize the Purchasing Manager to renew this contract
subject to satisfactory performance, zero cost
increase, vendor acceptance, and the determination that
renewal is in the best interest of the County.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
award of Bid #5006 to Southern Culvert in a not -to -
exceed amount of $100,000 for the period October 1,
1994 through September 30, 1995, as set out in
staff's recommendation.
K. Economic Development Council Vacancies
The Board reviewed Memorandum of September 19, 1994:
To: Board of County Commissioners
From: Carolyn K. Eggert, Commissioner
Re: Economic Development Council Date:_ September 19, 1994
Dudley Gordon has left the community leaving a vacancy
in the Industrial Representative spot. I want to ask you to
approve --James Wellman of XL Vision, Inc. to replace
Gordon.
I would also like you to approve Michael Vanatta for
the At Large spot. Thank you!
September 20, 1994 14
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
James Wellman of XL Vision, Inc. to replace Dudley
Gordon as Industrial Representative, and approved
Michael Vanatta for the At Large spot of the
Economic Development Council, as recommended by
Commissioner Eggert.
PIPER AIRCRAFT DISCUSSION
Property Appraiser David Nolte advised the Board that the
County has an interest in Piper Aircraft's bankruptcy action
because Piper owes over $3,000,000 in back taxes and penalties.
Appraiser Nolte advised that the County has not budgeted funds to
hire a bankruptcy attorney. The bankruptcy judge has the ability
to set aside all property taxes. The bankruptcy judge has awarded
$72,500 to an auction house to appraise Piper's property, and while
he may go to the hearing and demonstrate that the taxes are fair,
the County should be represented by the best bankruptcy attorney
available. Appraiser Nolte requested funds from the County to pay
the cost of a bankruptcy attorney. Tax certificates were sold and,
if the taxes are set aside, the County will have to make refunds to
the certificate holders.
Commissioner Bird suggested that County Attorney Charles
Vitunac meet with the officials involved and come back to the Board
with a recommendation.
Attorney Vitunac advised that he has met with the parties and
it is his opinion that the real party -in -interest is the Tax
Collector, with the County and School Board as beneficiaries. If
the taxes are set aside, the County will have to pay a refund to
the certificate holders. The question is whether the Board feels
that the present legal representation is not sufficient. If not,
we would be paying two attorneys. He suggested that discussion be
postponed for one week, and Commissioner Macht agreed that a
postponement would be appropriate to allow sufficient time to
research the bankruptcy matter before bringing it back to the
Board.
Appraiser Nolte reminded the Board that a limited time frame
exists. His staff is researching the cost and will have some
numbers for the Board by next week, but there may be a conflict in
the paperwork in that the County does not tax Piper Aircraft but
September 20, 1994 15
BOOK 93 PAA06
BOOK 93 PAGE307
the land, buildings, etc. He cautioned that the bankruptcy judge
has the power to throw out a f irst mortgage, as well as any tax
liens which may exist.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Macht, the Board unanimously postponed
this matter for one week.
CITY OF VERO BEACH/AIRPORT PROPERTY
Appraiser Nolte addressed the subject of the airport property
owned by the City of Vero Beach. The City has not had sufficient
time to prepare for a tax extension. The Tax Collector would like
to cooperate and give the City an extension of time.
Commissioner Adams inquired as to how much time has been
requested, and Appraiser Nolte advised that the City indicated 25
days would be sufficient. The total amount involved is $18,000.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board granted a 25 -day
extension to the City of Vero Beach to file a tax
adjustment for airport property.
INDIAN RIVER HISTORICAL SOCIETY
The Board reviewed a letter of September 9, 1994:
Vero Station
Established 19011
Honorary Directors
Dr. Eugene Lyon
Charlotte Lockwood
John J. Schumann. Jr.
Mr. Jim Chandler
County Administrator
Indian River County
1840 25th Street
Vero Beach, Florida 32960
September 20, 1994
Indian River County
Historical society 9nc.
2336 14th Avenue
Vero Beach, Florida 32961
W. P. b. sox 6535
407/778-3435
16
September, 9, 1994
i
Dear Jim:
—If possible, the Historical Society would like to be placed on the
agenda for the September 20th'meeting of the Indian River County Commission.
We have completed the.historic tour booklet and marker program and would like
to make a brief presentation to personally thank the Commissioners for their
support.
If you need further information or have questions, please do not
hesitate to call me. My daytime number is 778-5094. Thank you.
Sincerely,
J -AV
Ruth Stanbridge
Researcher
/re
Ruth Stanbridge of Indian River County Historical Society
thanked the Board for its support and confidence and advised that
the project has been successfully completed. The Society now has
available at its offices brochures and maps for tourists which
indicate the location of the various markers which the Society has
installed. The formal dedication will be in October and November.
Chairman Tippin thanked Ms. Stanbridge and requested that the
Society keep up the good work.
PUBLIC HEARING - ROSS REQUEST UEST FOR SPECIAL EXCEPTION USE
APPROVAL FOR A CHILD CARE FACILITY
The County Attorney announced that this public hearing had
been properly advertised as follows:
September 20, 1994 17
BOOK 93 PACE 308
VERO BEACH PRESS -JOURNAL
Published Dally
Vara 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 daily newspaper published
at Vero Gooch In Indian Rim County, Florida: that the attached copy of advertisement, being
l
a
In the matter of ( /,,e/
In the Court, was pub-
lished In said newspaper In the Issues
AlRanl further says that the sold Vero Beach Press -Journal Is a newspaper published at
Vero Beach, M 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 sold Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement. and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advlljlagment ler publication In the said newspaper.
�,.
C.
'sS�Vera o!n+f1'43b9cribed befor ,ms Ihi9 .6 day of 4C D. 19
n.
Comm. Exnhes : LL t'�.((Buzalnesa Manager)
9ARMnA C SCnAnur. rmTAm PI111LM:,
June 29. 11197 s 6 Sim" at nmw.,. uy t'..mnr son I aP June 29.19ai
: qn CC]00572
or
y1.1 -Q•e F
'"ft" "01.1 Nelxry, ONWARA C. ir_; 1rF ' >�
BOOK 93 PAGE 309
Subject
Site
Lu ; RS -6 N
4c 47th ST
co w
+Lim r
Q 00
- z
J
Lr
NOTICE OF PUBLIC HEARING
Notice of hearing to consider the granting of a,
miet exceptial use approval for a child care fa -
The subject property is (y owned by
47M th Street N and �f 12 , Township 32 �t Range
39. See the above map for the location.
A public hearing at which parties in interest and
citizens shelf have an opporhmity to be heard, wig
be held by the Board of Co'sty Commissialera of
In R the
F�ida, In fire Crnmty ConrNs-
County Administration SuHd-
�,-located at 1840 25th Street, Vero Beach, Flor-
ey, September 20,199¢ at 9:05 a.m.
Anyone who may wish to appeal any decision
which may be made at this meeting wig need to en-
sure that a verbatim record of the proceedings is
made, which hnchldes testfmaly and evldence upon
which the appeal I9 based.
ANYONE WHO NEEDS A SPECIAL ACCOMMODA-
TION FOR THIS MEETING MUST CONTACT THE
COUNTY'S AMERICANS WITH DISABIUTIES ACT
(ADA) COORDINATOR AT 587-8000 X223 AT
LEAST 48 HOURS IN ADVANCE OF THE MEET.
I G.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
BY -Wolin W.Tipp1 Chatmw-
Aug.30,1994 1127202
The Board reviewed a Memorandum of September 14, 1994:
TO: The Honorable Members of the Board of County
Commissioners
4IV N HEAD CONCURRENCE:
rt M. Rea i , IC
Community Devel menir,6irector
THROUGH: Stan Boling," A'YCP
Planning Director DATE:'` -September 14, 1994
FROM:. Eric Blad/y
Staff --Planner, Current Development
SUBJECT:• Mrs. Ross' Request for Special Exception Use
Approval for a Child Care Facility
[SP-MI-92-12-047/IRC #92060143-002]
September 20, 1994 18
It is requested that the data
consideration by the Board of
meeting of September 20, 1994.
DESCRIPTION AND CONDITIONS:
herein presented be given formal
County Commissioners its regular
Knight. McGuire and Associates, Inc., on behalf of Mr. & Mrs. Ross,
has submitted a request for minor site plan approval and special
exception use approval to operate a child acre facility at an
existing single family residence. The subject site is located at
5620 47th Street, and is zoned RS -6 (Single Family Residential up
to 6 units per acre). - Special exception use approval must be
granted by the county for the proposed child care facility.
The applicant has proposed to utilize a designated portion of the
residence to provide child day care for up to 15 children. Due to
timing constraints of the State HRS permitting procedures, the
applicant does not have an active state license application on file
with the HRS. Upon special exception use approval, and prior to
the issuance of a certificate of occupancy, the applicant will be
required to apply for the appropriate HRS child care facility
license.
The Technical Review Committee has reviewed the submitted proposal
and has approved the request for minor site plan approval, subject
to the Board of County Commissioners granting approval of the
special exception use request. Therefore, the site plan will
become effective if and when the Board of County Commissioners
grants special exception use approval. .
At its June 23, 1994 meeting, the Planning and Zoning Commission
.voted r.unanimously . to recommend -"that the Board of County
Commissioners -conditionally' approve : -the special : -excsption; .use
_ �rcommededy. 'the °Manning ant=requesk
'Zoning Commission are included in 'staff_s- -recommendation `'found at
the end of this report, with the exception of a fencing condition
described in item 15 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 the requested use. The Board may approve, approve
with conditions or deny the special exception use request. The
County may attach any conditions and safeguards necessary to
mitigate impacts and to ensure compatibility of the use with the
surrounding area.
ANALYSIS:
1. Zoning Classification: RS -61 Single Family Residential (up to
6 units per acre)
2. Land .Use Designation: L-21 Low Density (up to 6 units per
acre)
3.. Surrounding Land Use and Zoning:
North': t . 'Vacant./RS.64.
Southi" 47th'Sti'e8t restdenoelRS'-6
East: Vacant/RS-6
West: Vacant/RS-6
September 20, 1994 19
BOOK 93 PAGE 3.1k)
V
Box 93 PACE 311
4.
Total Area of
the Site:
44,441 sq. ft. or 1.02 acres
5.
Building Area:
3,060 sq.
ft.
The proposed child care facility operation will utilize a
designated portion of the existing residence. State HRS
licensing standards will dictate the required amount of square
footage necessary to accommodate the licensed capacity of the
facility. Under the proposed site plan, however, the
facility may not serve more than 15 children.
6. Total Impervious Surface: Existing: 7,128 sq. ft.
Proposed: 11340 sq. ft.
Total at Build -out: 81468 sq. ft.
7. Open Space: Required: 17,776 sq. ft. or 40%
Proposed: 35,975 sq. ft. or 808
8. Traffic Circulation: The existing access to the site is a
single 27' wide driveway. Pursuant to the specific land use
criteria of section 971.28 for child care facilities, the on-
site traffic circulation pattern shall be designed to
accommodate pick-up and drop-off of children, and shall be
designed so that patrons need not perform backing maneuvers to
exit or enter the site. As required through the site plan
review and approval process, the applicant has revised the
site plan to provide for pick-up and drop-off maneuvers. The
County Traffic Engineer has reviewed and approved the revised
site .plan, and has no objection to special exception use
approval.
9.
Off -Street Parking: Required: 5 spaces
-Proposed: 5 spaces
•Stormwater Management: The stormwater management plan has
been ,gproved by: thea=: Fiti,3G 3ldrke =Department . _
Utilities. The site- .is cur*antis provided, with .count r }
' y-- P y ' �.
wastewater service. County potable water services are not
available to the site at this time, and Utility Services and
Environmental Health (HRS) have no objection to the use of an
on-site well. To ensure future connection to potable water
service, the applicant has executed a developer's agreement
with the County Utility Services Department.
12.
Indian River County Health & Rehabilitative Services (HRS):
The Environmental Health Services Unit has conducted a review
of the proposed child care facility, and has no objection to
special exception use approval.
13. State Health and Rehabilitative Services (HRS): State
licensing standards regulate the number of children and
employees for the proposed child care facility. To ensure
that the licensed capacity of the facility is consistent with
the special exception use request for a'.15 -child facility, the
applicant, prior to Issuance of a Certificate of Occupancy
(C.O.) for the facility, shall provide staff with proof.that
the appropriate State HRS license has been applied for, and
that the license applied for is compatible with the site plan
,proposal._. _
September 20, 1994 20
M
14. - Special Land Use Criteria:' The' application must satisfy'the
following specific land use criteria which apply to child day
care facilities in the RS -6 zoning district:
a. The site shall be located on a paved road with sufficient
width to accommodate pedestrian and vehicular traffic
generated by the use. The facility shall be located near
thoroughfares, as designated in the county's major
thoroughfare plan, so as to discourage traffic along
residential streets in the immediate area.
b. Special passenger loading and unloading facilities shall
be provided on the same site for vehicles to pick up or
deliver clientele. Such facilities shall include
driveways that do not require any back-up movements by
vehicles to enter or exit the premises.
c. All regulations of the State of Florida that pertain to
the use as presently exists or may hereafter be amended
shall be satisfied.
d. Child care facilities shall provide recreation area(s)
and facilities that meet or exceed applicable state
standards. The applicant shall supply to the planning
division, prior to site plan approval, written
acknowledgement from the state that the proposed
recreation area(s) and facilities meet or exceed
applicable state standards. The applicant shall provide
either a six-foot opaque buffer or one hundred -fifty foot
setback between all outdoor recreation areas and adjacent
residentially designated properties.
e. A Type "D" buffer will be required, acceptable to the
planning department.
In regards to item 14.a., staff notes that the site is located
_near 58th_Avenue and that surrounding residents have been
notified about both the proposal and the Planning and Zoning
commission and Board of County Commissioners public hearings
, regording..tho.:propQsaJ,.'. "ems 14 }� ,; 14 : e. , .And*the :bu�fer�ng
requitement l -at the end of item 14.d=. are -adequately.addresrsod:,
by�the site....plan. Item 14.c. and the recreational area
requirements of item 14.d. can be-addressed.by condition #1
recommended at the end of this report.
15. Fencing of the Pond Area: A small pond located to the rear of
the residence is currently enclosed by a 4' high chain link
fence. The Planning and Zoning Commission made a
recommendation to increase the height of the fence from 4' to
6'. The increased fence height was considered by the Planning
and Zoning Commission to be appropriate in order to ensure the
safety of the children that will attend the child care
facility.
It is staff's opinion that the existing 4' high fence around
the pond provides adequate security for children attending the
child care facility. This opinion is based on the fact that
the Standard Swimming Pool Code requirements for fenced
swimming pool enclosures is 4' in height. Furthermore, staff
notes that the HRS office which regulates child care
facilities has not indicated a need to increase the height of
the existing. .41 high fence. Therefore, contrary to the
Planning and Zoning Commission's recommendation,.staff is not
recoibmondin(T.brat•.a:_fence,aheight�,increa$e.be required.
September 20, 1994 21
BOOK PAGE,31
BOOK 93 PAGE -313
16•. Concurrency: While the applicant has chosen not W apply for
an initial/final concurrency certificate at this time, the
applicant 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. 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 the
requested child care facility with the following conditions:
1. Prior to issuance of a certificate of occupancy, the applicant
shall provide proof to planning staff that the appropriate
State HRS license has been applied for, and that the license
applied for is compatible with the approved site plan.
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 permit is
sought.
Planning Director Stan Boling informed the Board that the
State requires the application for licensing to be handled through
HRS. The Planning & Zoning Commission approved the fencing for the
pond and playground at a height of 4 feet, with a recommendation
that the height be raised to 6 feet. However, the staff
recommendation does not include this increased height requirement.
Commissioner Adams questioned the limit of 15 children, and
Director Boling advised that this is a condition relating to HRS
licensing.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Mrs. Mercy Ross advised that the children would be 2 to 3
years of age. The facility is restricted to care of pre-school age
children.
There being no others who wished to speak, Chairman Tippin
closed the Public Hearing.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously granted
special exception use approval for a child care
facility to Marvin and Mercy Ross, with the
conditions recommended by staff.
September 20, 1994 22
PUBLIC HEARING - MEADE REQUEST FOR PLANNED
DEVELOPMENT SPECIAL EXCEPTION APPROVAL/EAGLES NEST
ESTATES
The County Attorney announced that this public hearing had
been properly advertised as follows:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
In the matter of
in the //, Court, was pub-
--
Iished In said newspaper in the issues of °���• 41 ' 1
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing.this
adyartfseme.q t for publication in the said newspaper.
fj,gwy q J6Q aDd 11]113 ribed before me this tet% day of! 't:+/..� A �jl 19Z. itzN �sl
del
My Comm. Expires
.lune 29, 1997
No. CC300572
A UR
or
4tIARBARA C. SPRAGUE, NOTARY P 31(1C.
6�siness Manager)
state of riorida, My Cnmmh f xp. ,hune 29.1997
Signed:.e.�
Notary: BARBARA C SPFTAGIII_' '4
NOTICE OF PUBLIC HEARING
Notice of hraring to consider the granting of spe-
dal exception use approval for a'4 lot planned
development and an associated sand mhv-. The
subject property is ptesentiy owned by Jeff Nbade,
and located at 7100 41st Street in Sertinn 30,
TownshiQ 32 and Range 39. See the above map for
the b trorn.
ditA pnnbOc haaring at which parties in laterest and
- shall have an opportunity to be hemd. will
be held by the Board of County Commissioners of
Indian River County, Florida. In the County Commis-
sbn Chambers of the County Administration Build-
ing, located at 1840 25th Street, Vero Reach. Flor.
ida on Tuesday, September 20. 1994 at 9-05 a.m.
Anyone who may wish to appeal any decision
whloh may be made at this meeting will need to en-
sure flet a verbatim record of the proceedings is
made. which Includes testimony and evidence upon
which theRppeai is bash
ANYONE efua NEEDS A SPECIAL ACCOMMODA-
TION FOR THIS MEETING MUST CONTACT THE
COUNTY'S AMERICANS WITH DISABILITIES ACT
IADA) COORDINATOR AT 587.8000 X223 AT
LEAST 48 HOURS IN ADVANCE OF THE MEET-
ING.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
BY -s -John W. T4#n, Chairman
Aog.30,1994 1127201
The Board reviewed a Memorandum of September 13, 1994:
TO: The Honorable Members of the Board of
Commissioners
D1749JON HEAD CONCURRE CE:
n
lWb
ert M. eating, ICP
Community Dev lopm nt r ctor
THROUGH: Stan Boling, AICD
Planning Director
September 20, 1994
23
BOOK
County
93 PA' Al
I
FROM:
DATE:
Eric B1adi�J
.Staff •Planner':,o Current Development r •. -
September 13, 1994
BOOK 93 PAGE 315
SUBJECT: Jeff MeadeIsRequest for Planned Development (PD) Special
Exception Approval for a Development to be Known as
Eagles Nest Estates [PD-94-09-09/IRC #940100-002]
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meetinq of September 20, 1994.
DESCRIPTION AND CONDITIONS:
Eagles Nest Estates is a proposed 20 acre single family planned
development to be located at 7100 41st Street. The submitted plans
provide for 5 phases of development. Overall, the project will
include 4 lots, recreational facilities, 2 quest cottages and a
lake. The subject property is zoned A-1, Agricultural (up to 1
unit per 5 acres) with a land use designation of AG -11 Agricultural
(up to 1 unit per 5 acres). Such a residential development and the
creation of 4 lots are allowed in agriculturally designated areas,
subject to special agricultural PD provisions contained in LDR
section 911.04(2)(a)1 (see attachment #4).
The subject site is currently permitted as a sand mine operation,
and a partially excavated 11.83 acre lake exists in the approximate
center of the parcel. Mining of the site has been approved and
permitted since the 19801x. Upon completion of the sand mining
operation, the applicant/owner wishes to utilize the 20 acre site
for single family residences. Due to the unique circumstances
created by the lake coverage on the property, and due to the
agricultural designation of the property, the planned development
(PD) process is being used to afford design flexibility for the
project and to allow creation of lots.
The proposed PD will establis.h,4 platted lots, common recreational.
,.4 M areas,.; •a "finished --off" cake ..f and. i4iternal Xo4dways�._•within.:t.he ;-.
e bounds=fes of Eagles Ne6t� ,gstates ..Part . of -the ptelik-knit y :PD plan_.`
request reviewed and conditionally approved by the Planning '
Zoning Commission includes a site plan which defines the boundaries.
of development phases and proposes to increase the permitted
(approved) depth of the existing sand mine lake from 30' to 501.
Modification to the depth of the lake is subject to St. Johns River
Water Management District approval. As is the case with all PD
projects, prior to the issuance of a certificate of occupancy for
any structure, the specific phase in which the structure is located
must be platted.
On August 25, 1994, the Planning and Zoning Commission voted 5-2 in
favor of recommending that the Board of County Commissioners grant
PD special exception use approval with the conditions stated at the
end of this report (see attachment #5), and granted conditional
preliminary PD plan approval (including approval to increase._the
mine depth) subject to the Board granting special exception use
approval.- It is now the Board of County Commissioners' duty to
consider granting, granting with conditions, or denying this -
request.
September 20, 1994 24
ANALYSIS:
T. Total ...$. to Area: .19:11 acres.., or =832,431.. -sq. ft. (after '
-preirioiis ded;i`datioifs��`�or..canal�lind road right -of -Tray.) - -
-
2. — Zoning Classification: A-1, Agricultural (up to 1 unit per 5
acres)
3. Land Use Designation: AG -1, Agricultural (up to 1 unit per 5
acres)
4. Surrounding Land Use and Zoning:
North: Vacant/A-1
South: 41st Street, Grove/A-1
East: Residences/A-1
West: Grove/A-1
5. Total Number of Residential Units: 4 lots
Note: the development will consist of 4 residential units and
2 accessory guest cottages.
6. Proposed Density: 1 unit per 5 acres, based on gross area
(prior to right-of-way dedications)
7. Proposed Lot Sizes: Minimum: .73 acres
Maximum: .93 acres
Note: The maximum lot size created through the PD process for
agriculturally designated properties shall not exceed one
acre.
8. Open Space: Existing: 51.0%
Required: 60.0%
Provided: 57.88
The site currently does not provide the minimum required 60%
of open space on the site, due to the fact that a significant
portion of the site is covered by a lake and only 30% of the
required amount of open space is allowed to consist of lake
Area. Given the existing lake coverage condition, requiring,
the: project to -bring the site up to 60% -open space with. the
waterbody.open;.spare,jimitations would..requtire tilling -;-in lake..
`area to "create" more 6p6# spae....... Pursuant-` the prowl ion$ ` zr
of nonconformities the community:
development director.- has determined that the proposed
development, by creating open space and retaining'open water
area, will result in a lessening of the. degree of non-
conformity and, therefore, may be approved as proposed.
9. Environmental: The +19 acre subject property contains an
11.83 acre lake, -which was created as part of an ongoing
mining operation. Approximately 0.12 acres of jurisdictional
fresh water wetlands exist along the perimeter of the lake.
The remaining ±7 acre upland portion of the property contains
+1.17 acres of oak hammock native upland plant community.
The applicant is proposing to modify.the-existing lake by
filling 0.82 acres of lake surface area to accommodate four
residential lots. Through the mining permit review process,
September 20, 1994
25
BOOK 93 PAGE 31
BOOK 93 PArA7
the applicant is proposing to expand the existing mining
operation by increasing the allowable lake depth from 30 feet
to 50 feet [Note: the applicant has stated that the existing
lake depth varies but averages about 10' deep]. These
proposed lake modifications include filling +0.12 acres of
jurisdictional wetlands, for which.the applicant has applied
for a wetland resource permit.: The Planning and Zoning...
Commission -Attached, a condition- to -the t3reliminary -PD .plan`
approval -that requires the applicant to obtain the -required
wetlands resource permit prior to issuance of a land
development permit (LDP) or LDP waiver. Another condition
attached to the preliminary PD plan requires the applicant to
document that the St. Johns River Water Management District
has approved the increased depth of the sand mine lake.
To satisfy county, state, and federal wetland protection
regulations, the applicant is proposing to create +0.18 acres
of littoral zone wetlands with +0.23 acres of upland edge
buffer. These provisions are depicted on the proposed site
plan. Also, the site plan proposal would satisfy county
native upland set-aside requirements by preserving +0.14 acres
of contiguous oak hammock in a conservation area (±10% of the
total active upland area). The Planning and Zoning Commission
attached a condition to the preliminary PD plan approval
requiring the developer to execute a conservation easement
prior to issuance of a LDP or LDP waiver.
County environmental planning staff has reviewed the site plan
and has found that the plan adequately addresses wetland and
native upland protection requirements, subject to
jurisdictional agency permit approvals.
10. Off -Street Parking: Required: 16 spaces (unpaved, stabilized)
Provided: 16 spaces (unpaved, stabilized)
Note: pursuant to section 954.10(3), unpaved parking spaces
and driveways are allowed for low trip generating projects
located in agriculturally designated areas (areas located
outside the urban service area).
11. Stormwater Management: A preliminary drainage plan has been
reviewed by the Public Works Department. The drainage plan
will be reviewed in more detail and will be finalized via the
LDP or LDP waiver process.
12. Utilities: The proposed development is outside the urban
service area; therefore, connection to county potable water
and., wastewater services is not .required.: The Indian River
; (HRS) hno o.1!cCounty Environmental 'Health. Unit Dons to
--the use of on-site water- and wastewater. systems.
13. Landscape Plan & Buffering: The landscaping plan submitted
with the preliminary planned development plat satisfies the
landscaping requirements of Chapter 926, pursuant to the
provisions of the PD compatibility standards of section
915.16. The plan also establishes the required PD 25'
perimeter buffer which is free of all "hard surface"
improvements.
September 20, 1994 26
r
14. Traffic Circulation: The project proposes a central, medianed
entrance road connecting to 41st Street, which is an existing
unpaved roadway located within a 30' road right-of-way. An
internal stabilized roadway will provide access to all lots
and common areas. As previously mentioned, section 954.10(3)
allows unpaved access driveways in projects located in
agriculturally designated areas. Pursuant to the road paving
provisions of Chapter 952, the paving of 41st Street is not
required since the project is a small traffic generator and is
located outside the urban service area. The County Traffic
Engineer has reviewed and approved the proposed plans.
1 At. it�r4Au'gust .2�th^aaeeting, °'thb Tlanning-=A Z;onin-Commission' -
attached to the'.project's preliminary 'Pb* plan approval a
requirement that a road maintenance bond, such as those
required of new mining operations by Chapter 934 standards, be
posted by the applicant prior to issuance of a LDP or LDP
waiver.
15. Dedications & Improvements: The project developer is required
to dedicate without compensation 30' of additional 41st Street
road right-of-way to bring the subject segment of 41st Street
up to the local road right-of-way 60' width standard. The
plan depicts this dedication and will accommodate any future
right-of-way expansion needed for 41st Street. No sidewalk or
bikeway improvements are required, and none are proposed.
16. Waivers: Through the PD process, the applicant can request
waivers from specific land development regulation (LDR)
standards. The applicant has requested the following waivers:
a. Minimum setbacks from interior lot lines for accessory
structures (cottages with patios), on Lot 1 & 2 only:
1. Minimum front yard setbacks = 10'
2. Minimum rear yard setbacks = 2'
3. Minimum side yard setbacks = 2'
b. Minimum separation distance between buildings within the
project = 0'
c. Minimum internal private road right-of-way width = 50'
d. A waiver on the minimum design speed from 30 mph to 20
mph
e. Waiver of super -elevation of curves for 20 mph design
speed
f. Waiver of named streets instead of numbered streets
opiaaions of :' Fublic Works .-And , -Planning* _ :.Waivera- a ....ti�i
:throagi� arse' gcceptaI�e,� 'based, `upon=4th' ° "PToposed design;
primarily because"the-waivers apply to development internal to
the project and would not affect the project's perimeter.
Staff, however, does not recommend granting waiver '-'-f." which
would allow the use of street names instead of street numbers.
September 20, 1994
27
81ca 93 PAA E 31
BOOK 93, pg� [
17. Street Designations: The applicant has proposed the use of
street names versus numerical designations. The intent of
Chapter 951 of the LDRs is to provide sequential 'grid
numbering systems to facilitate timely and efficient emergency
responses through the 911 system. The existing roadways for
miles around the subject site are assigned numerical
designations conforming to Chapter 951. In staff's opinion,
approval of street names versus numerical designations could
adversely affect emergency services response time, and would
be inconsistent with the continuation of a logical addressing
system in the area of the project. Therefore, in staff's
opinion the project developer should use numerical
designations which are consistent with the surrounding area
and with Chapter-951 of the County LDR's.
RECOMMENDATION:
Based upon ,the analysis performed..staff recommends that the Boart� = >_
" of County Commissioners- grant.PV. speclel ex egt3on �ise:.approval for
the 4' lot residential development 'and accessory facilities, -viifi.
the following conditions:
1. That the requested waivers, with the exception of waiver f, be
granted; and
2. That numerical roadway designations satisfying the
requirements of Chapter 951 shall be used within the project.
Planning Director Stan Boling explained that the request is
for a mining operation and a 4 -lot planned development. Staff is
recommending approval with the exception that the development not
be allowed to have street names instead of numbered streets.
Commissioner Eggert inquired about the requirements for 1 unit
per 5 acres, and Director Boling explained that the lots end up
being less than 5 acres. However, the common area is figured in.
The property owners association will be responsible to care for the
common area.
Commissioner Macht wondered why we allowed names in a recent
planned development, and Commissioner Eggert recalled that Glendale
Oaks had unique environmental characteristics on site and the
applicant was allowed to name the streets after flora and fauna
species.
The Chairman opened the Public Hearing and asked if anyone
wished to be heard in this matter.
Ellen Roberts, 7070 41st Street, advised that she lives east
of the subject property and is concerned ..about noise from the
mining operation. She hoped that daily mining operations would be
limited to 7 a.m. to 5 p.m. Monday through Friday, and 7 a.m. to'12
noon on Saturdays, and closed down completely on Sundays. She did
not want to have to listen to the noise while relaxing on her back
porch during those times.
September 20, 1994
Mrs. Roberts also was concerned about
28
the impact of construction traffic on- the road, because they
finally have gotten the school buses to come down their roads to
pick up the children. She felt the developer should be required to
pave'the road.
Community Development Director Robert Keating explained that
planned developments outside the urban service areas are not
required to pave their roads. Carlsward Subdivision, which is
nearby, did not have to pave the roadways because the planned
development ordinance was not in place when it came in.
Commissioner Eggert asked if the developer could make a
subdivision in the future, and Director Keating explained that once
the Board approves the planned development, they control it and any
change has to come before the Board.
Todd smith, project engineer, advised that no more mining
activity is anticipated than in the past. That lake has been mined
over the past 10 to 12 years. There is a noise ordinance that
relates to construction equipment and land development regulations
provide for all other concerns. A bond will be posted regarding
- 41st Street. The subdivision is a family project involving a
mother, brother and sister and they will be using fill for corner
lots. There is no intent to create a subdivision. The most there
can ever be is 4 lots. A lot of care is going into the planning of
the lake because it is important to the family that they develop
the theme. This is a family project and there is no intention for
it being turned over to a high density subdivision. With regard to
the street name issue, the family is trying to create a theme and
would like to be allowed to use street names instead of numbers.
With regard to the wetlands, they would prefer that the 35 -foot
depth of the lake be tied to the wetlands permit so that they
wouldn't have to come back to the Board if the St. Johns River
Water Management District says there is no limit on the 35 -foot
depth.
Mr. Smith assured the Board that they could limit operations
if there is a concern regarding noise. He noted that the more you
restrict the business, the longer they will have to stay in
operation.
The developer would love to be finished in 6 months.
Commissioner Adams remarked that it very rarely happens that
a company given a permit with the understanding that it will get in
and get out quickly actually closes operations that quickly. She
agreed that the neighbors have a valid concern regarding the noise.
September 20, 1994 29
BOOK 93 . PACE
BOOK 93 PAUGE 321
Mr. Smith advised that Jeff Meade would speak regarding
restriction of the actual dredging and hauling, but whatever
conditions are placed, Mr. Meade is asking that they be typical for
that type of business.
Jeff Meade, applicant, assured the Board of compatibility with
the neighbors because they want to finish the project. They
anticipate selling the dirt to one project and a 6 day operation
would be very compatible for a 6 to 7 month period. The street
name is very important to them, and the general public would not be
driving in and out of the project.
Commissioner Adams inquired if the materials are to be used
only to fill the land in the project.
Mr. Meade replied that the fill will be sold outside also as
it takes considerable monies.
Commissioner Eggert realized that the project is right next to
the existing subdivision and this does make a difference. She
suggested an operation from 7:00 a.m. to 5:00 p.m., 5 days a week.
Discussion ensued and Commissioner Bird preferred that street
names not be allowed. He suggested limiting the operation from
7:00 a.m. to 5:00 p.m., Monday through Saturday.
Commissioner Adams preferred Saturday hours until 12:00 p.m.,
and Commissioner Eggert preferred the Saturday mining be limited to
7:00 a.m. to 1:00 p.m.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Macht, the Board unanimously approved
Planned Development Special Exception for Eagles
Nest Estates, as recommended by staff, with the
exception that street names will be allowed, and
that mining operations be limited to Monday through
Friday from 7:00 a.m. to 5:00 p.m. and Saturdays
from 7:00 a.m. to 1:00 p.m.
PUBLIC HEARING - CORACI/ST. SEBASTIAN RIVER C-3 LAND USE
DESIGNATION
The County Attorney announced that this public hearing has
been properly advertised as follows:
September 20, 1994 30
NOTICE OF CHANGE OF LAND USE
BREVARL O
N Subjecty .:
Propert` v'
O
G
1C.R.512-
SEBASTIAN N
C.R 5
The Board of County Commissioners of Indian River County
proposes to. change the use of land within the areas shown in the
map in this advertisement. A public hearing_ on the proposed
comprehensive plan amendment will be held on Tuesday,
September .20; • 1994 at 9:05 a.m. in the County Commission
Chambers'at 1840 25th Street, Vero Beach, Florida.
The proposed comprehensive plan amendment revises the
following Comprehensive Plan Policies relating to the development
of xeric scrub communities on the west bank of the St. Sebastian
River: Future Land Use. Element Policy 1.5; Future Land Use Element
Policy - 1.31; Sanitary Sewer Sub -Element Policy 6.1; the Data and
Analysis - Section of the Conservation Element of the
Comprehensive Plan; Conservation Element Policy 6.16.
The revised policies involve the clustering of development to
preserve the xeric scrub community as an intact habitat; protection
of the St. Sebastian River watershed from pollution through the
provision of appropriate sanitary sewage treatment and disposal
systems; and certain development and environmental study criteria
necessary to protect the xeric scrub habitat as a part of any
development proposal.
Anyone who may wish to appeal -any decision which may be
made at this hearing will 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 accomodation for this hearing
must contact the county's Americans with Disabilities Act (ADA)
Coordinator at 567-8000, extension 223 at least 48 hours in
advance of the hearing.
Indian River County
Board of County Commissioners
17W3 By: -s- John W. Tippin, Chairman
September 20, 1994
31
BOOK 93 NA UE 322
J
BOOK 93 PAGE 313
The Board reviewed a Memorandum dated September 13, 1994:
TO: James E. Chandler
County Administrator
D AR NT HEAD CONCURRENCE:
Obert . e t n , I
Community Develop nt actor
THRU: Sasan Rohani, AICD %t•
Chief, Long -Range Planning
FROM: John WachteVIL,
y Senior -Planner, Long -Range Planning _
DATE: Septembei=13, 1994
RE: Coraci/St. Sebastian River C-3 Land Use Designation -
PLAN ANENDNENT NUNBER: CPTA 94-09-0057
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of September 20, 1994.
DESCRIPTION AND CONDITIONS
This is a county initiated request to amend several elements of the
comprehensive plan. The affected elements are: the Future Land Use
Element, the Sanitary Sewer Sub -Element, and the Conservation
Element. The proposed amendments implement a compliance agreement
which the Board approved on June 14, 1994. That compliance
agreement is associated with the Coraci amendment which was adopted
by the Board on June le, 1991. On August 15, 1991, the State
Department of Community Affairs (DCA) issued a Statement of Intent
to find the Coraci amendment not in compliance.
The typical comprehensive plan amendment process requires both
Planning and Zoning Commission and Transmittal Public Hearings
Prior to the Final Adoption Public Hearing. Because the subject
amendment is associated with a compliance agreement, however, state
law allows the Board to proceed directly to the Final Adoption
Public Hearing.
The proposed additions and deletions to the plan are shown on
attachment 3. In this attachment, deletions are indicated by
strike throughs, while additions are shown as underlined.
BACKGROUND
On February 13, 1990, Indian River County adopted its comprehensive
plan.. On April 9 of that year, DCA published its Statement of
Intent to find the plan not in compliance. At that time, several
parties intervened.
Because bCA found-:�ih4 comprehensive''plan,--not in'` tomp; ance;._• an
Administrative'`hearing.vas..scheduled. Prior' -to initiation of P:
hearing, the county. and DCA entered into an agreement to bring the
comprehensive plari into compliance. That compliance agreement,
which was approved by the county on September 26, 1990, required
September 20, 1994 32
r M r
the county to adopt
comprehensive plan.
certain remedial amendments to the
Also in 1990, one of the intervenors, Anthony Coraci, submitted a
request to amend the comprehensive plan and create a new C-3,
Privately Owned Upland and Xeric Scrub Conservation (up to 1
unit/21 acres), land use designation to replace the portion of the
adopted comprehensive plan's C-2, Privately Owned Wetland and
Barrier Island Conservation (up to 1 unit/40 acres), land use
designation in the area surrounding the St. Sebastian River. Prior
to submitting that request, Mr. Coraci coordinated with county
planning and legal staff regarding technical and legal issues he
wished to address in the amendment, as well as the language of the
amendment.
Mr. Coraci is the owner of the W.W. Ranch, an area of approximately
8,000 acres. With the exception of approximately 600 acres of
largely undisturbed_ xeric scrub community lying west of and
••-adjacent to -:the ..ft. --Sebastian River .-p(see .attaohme4t 2-) , the. ranch -
;'t -proprty,<1"i46 p=edoia3riately -within thi �AG land �$e designation.:' % -
1190, when Mr. Coraci submitted' his plan amendment request, the new
comprehensive plan designated that 600 acres of xeric scrub
community as C-2 (up to 1 unit/40 acres).
The purpose of Mr. Coraci's request was to modify the existing land
use designation of upland xeric scrub communities adjacent to the
river to allow for residential development of up to 1 unit/2.5
acres. Mr. Coraci contended that the existing C-2 land use
designation, with its 1 unit/40 acres density limitation, was
designed to preserve environmentally sensitive wetland communities,
and, therefore, was an unreasonable restriction of the upland
portions his C-2 designated land.
On June 18, 1991, consistent with the compliance agreement for the
comprehensive plan, the Board of County Commissioners adopted the
remedial amendments required to bring the plan into compliance. At
that meeting, the Board also adopted several other plan amendments,
including the Coraci amendment. With the exception of the Coraci
amendment, each of the comprehensive plan amendments was eventually
found to be in compliance by DCA.
Despite the fact that the remedial amendments required by the
compliance agreement for the comprehensive plan had been adopted by
the county and found in compliance by DCA, the hearing officer with
jurisdiction over the comprehensive plan has chosen to retain that
jurisdiction until the issue of the Coraci amendment is resolved.
Because the hearing officer has retained jurisdiction, the county's
comprehensive plan has never formally been found in compliance.
Subsequently, DCA, Coraci, and the county participated in lengthy
negotiations, and Coraci completed substantial biological studies.
These actions .eventually led to the drafting of a compliance
agreement. for the Coraci amendment that was acceptable to all
parties. On June 14, 1994, the Board of County Commissioners
approved the compliance agreement for the. Coraci amendment by a
vote of 5-0. -One provision of the compliance agreement for -the
Coraci amendment requires. the Board to adopt changes to the
following portions of the comprehensive plan:
•; _ Futu na nd.•�Jse £Name it; -poli 5`- -
Future ,.Lan&.Use ..Adement Pol cy`3 " i; -
• Sanitary Sewer.Sub-Element "Pollcy 6.•fi; l'
• Conservation Element Policy 6.16; and
• The Data and Analysis Section of the Conservation
September 20, 1994
33
Element.
'93 MUE 3.2
BOOK 93 PAGE 325
With the adoption of the subject amendment, DCA will take two
actions to resolve the noncompliance status of the county's
comprehensive plan and thereby eliminate the threat of state
financial sanctions. Those actions are:
1. issue a cumulative notice of intent addressing both the Coraci
amendment and the comprehensive plan; and
2. request dismissal of the administrative hearing case for the
Coraci amendment and for the comprehensive plan.
ANALYSIS
This section will describe each of the proposed changes to the
comprehensive plan as well as the effects of the changes. In
addition, this section will discuss the subject amendment's
consistency with the comprehensive plan, environmental impacts, and
effect on the C-3 land use designation's compatibility, with
surrounding areas.
Future Land.Use Element Policy 1:5
Future Land Use Element Policy 1.5 generally defines p83:mitted land
uses in, and the intent of, the conservation land use designations.
Currently, up to ten percent of the open space in C-3 areas may be
used for recreation purposes. The proposed amendment would modify
this policy to read "passive" recreation, and would specifically
permit nature centers and trails, scenic areas, wildlife
sanctuaries and feeding stations, picnic areas, and historical
sites, as appropriate. In this way, the proposed changes will
simplify determinations of permitted uses on C-3 designated land.
Future Land Use Element Policy 1.31
Future Land Use Element Policy 1.31 defines the criteria to be used
to determine the exact boundaries of areas with conservation land
use designations. The proposed amendment adds more specificity and
detail to these criteria.
Sanitary Sewer Sub -Element Policy 6.1
Sanitary Sewer Sub -Element Policy 6.1 lists the conditions under
which on-site wastewater treatment systems or septic tank systems
may be permitted. The proposed amendment would add a provision
allowing centralized community septic tank systems for clustered
residential development within C-3 designated areas, provided that
the centralized community septic systems are located outside of the
C-3 area and outside of any other environmentally significant area.
This provision gives owners of C-3 designated land another option
for the provision of wastewater disposal service.
Conservation Element Policv 6.16
Conservation Element Policy 6.16 states that the county shall
protect the xeric scrub community along the St. Sebastian River.
To accomplish that task, this policy permits the use of several
tools including buffers and design regulation.
The proposed amendment adds several highly detailed criteria that
-must be met prior to development in the C-3 area. Generally;. -these
criter# .inc�l�de,; but .:not: limXterd ta-0 pl,.4nt..and au-imal _surveys;..
86% preservation -of scrub habitat, r requlatiorn- of.- access -road
design, and the preparation and implementation of a detailed
habitat management plan. -
September 20, 1994 34
M M M
While allowing the land owner reasonable use of his property, the
proposed changes to Conservation Element Policy. 6.16 will also
ensure that at least 80% of C-3 designated land will be preserved.
In addition, these changes will ensure that, through mandatory
clustering of development, the impacts of any development occurring
in C-3 designated areas will be limited and mitigated to the
greatest extent possible.
The Data and Analysis Section of the Conservation Element
The proposed changes to the Data and Analysis Section of the
Conservation Element. are needed to ensure that this portion of the
plan is consistent with the proposed changes to Sanitary Sewer Sub -
Element Policy 6.1.
Consistency with the Comprehensive Plan
Comprehensive. plan amendment requests are reviewed for consistency
with .all . pol.icies ,of, •the comprehensive plan. . As per section
8D0:�}7:(.1-). of thii -:county code, the' s'campfeheneive �.plsn.• may., bea
amended only in such a way as io..pteserve the' internal.poheistencY:
of the plan pursuant to section 163.3177(2).F.S." �
The goals, objectives, and policies are the most important parts of
the comprehensive plan. Policies are statements in the.plan which
identify the actions which the county will take in order to direct
the community's development. Specifically, policies are the
courses of action or ways in which programs and activities are
conducted to achieve an identified goal or objective. While all
comprehensive plan policies are important, some have more
applicability than others in reviewing plan amendment requests.
Most important with respect to comprehensive plan amendments is
Future Land Use Element Policy 13.3.
Future Land Use Element Policy 13.3 requires that at least one of
three criteria be met in order to approve an amendment request.
These criteria are:
• a mistake in the approved comprehensive plan, or
• an oversight in the approved comprehensive plan, or
• a substantial change in circumstances.
Based on its analysis, staff feels that the proposed amendment
meets the second criteria of Future Land Use Element Policy 13.3.
Currently, the comprehensive plan contains general criteria to be
used to determine the location of the C-3 land use designation.
The comprehensive plan also contains land use criteria and
requirements for development within the C-3 land use designation.
As structured, however, existing C-3 criteria are not sufficiently
detailed to ensure adequate environmental protection. Since the
plan's lack of details regarding the exact location of and
requirements for development in the C-3 land use designation
constitutes an oversight, the second criterion of Future land Use
Element Policy 13.3 has been met.
While Policy 13.3 is particularly applicable to this request, other
comprehensive plan policies also have relevance. For that reason,
staff evaluated the. proposed amendments for consistency with all
policies . Based upon that .and):Y.Au x. staff. -.determhned that. the
pramen ... entsb tee-. condfsteint -,with tlW—comp
September 20, 1994 35
BOOK 93 PAGE •.326
e:
Bou 93 PA,E.327
Environmental Impacts
The Florida Game and Fresh Water Fish Commission (GFC), in a 1989
technical report, identified approximately 2,709 acres of viable
(relatively undisturbed) scrub habitat remaining in Indian River
County; 900 acres (33%) of that total occur along the St. Sebastian
River. Approximately 300 acres along the east bank are dominated
by xeric hammocks undergoing sporadic development. The remaining
600 acres along the west bank are a mosaic of xeric hammock,
scrubby flatwoods, sand pine scrub, dry prairie, pine flatwoods,
and forested wetlands.
The combination of the mentioned natural communities provides
significant biological benefits beyond each individual, separate
community type.Ospreys, bald eagles, and river otters are
examples of wildlife found in the St. Sebastian River area that
utilize the combined upland/wetland St. Sebastian River ecosystem.
The GFC describes the area as one of the most valuable natural
areas . remaini,Ag• in -the county. �D
The ecological value of the-St.`Sebastiarr River area xeric scrub is,
higher than other scrub areas in the county because of the
relatively large size of the St. Sebastian area scrub as well as
its association with other complementary habitats, and its
presently undisturbed/unencroached status. Other xeric scrub areas
in the developing portion of Indian River County have been largely
isolated by urban development, are relatively small in size or are
not part of a large, diverse ecological system such as the St.
Sebastian River area. Thus, the St. Sebastian River area xeric
scrub community was given extra consideration in its conservation
designation.
To provide adequate environmental protection, the proposed
amendment contains special restrictions and regulations for
development within the C-3 land use designation. For example, the
additions to Conservation Element Policy 6.16 would require
developers within the C-3 area to:
• conduct a survey for listed plants and animals;
• preserve 80% of the scrub habitat;
• design all access roads to avoid impacts to wildlife;
• if feasible, design the development pattern to allow
prescription burning; and
• develop and implement a detailed habitat management plan.
Besides these provisions, the proposed amendment also addresses
infrastructure. The soil west of the river (largely Electra fine
sand), while not ideal for individual septic systems, has been
identified by local soil scientists as one of the better soils in
the county for septic drainfields, provided river setback and soil
modification precautions are taken. The modification to Sanitary
Sewer Sub -Element Policy 6.1 would, under certain conditions, allow
community septic systems for clustered developments. These
provisions will ensure that negative- water quality impacts
associated with individual septic systems will not occur.
The modifications to Policy 1.31 of the Future Land Use Element
provide that the exact boundaries,.of the -.C-3 District shall be
determined by environmental survey ...of.. , soils. -.and vegetation...-_
Because the -intent -,of .the 'C-3 designat3onJ-A'.toprote`c�,rolaetivOk
.iindisti.,-bed' aresou-rces; disturbed areas-* east ----a the'.St9 Sebastian =_
River that ' are within the general boundaries- of • the C-3 land use
designation and which no longer have wetland or scrub
characteristics could appropriately revert to a compatible higher
density, such as R, Rural, 1 unit/acre. The 1 unit/acre density in
September 20, 1994 36
M
M
r
such instances
density east of
Service Area.
s
M
would be compatible with existing development
the river, which is included in the county's Urban
In adjusting the western boundary of the C-3 District, that portion
of -the property which is not determined to be in the C-3 District
shall revert to the same land use designation as the contiguous
adjacent property. When considering the eastern boundary of the C-
3 land use designation, however, the adjacent contiguous property
is largely incorporated lands of the city of Sebastian. Therefore,
specific to the east boundary adjustment of the conservation area,
the lands determined not to be within the C-3 land use designation
are proposed to revert- to R, Rural, 1 unit/acre, which is the
area's historic density.
Compatibility with Surroundina Areas
The proposed amendment is not anticipated to have any negative
impacts on areas -.surrounding the C-3 land use designation.. .,East of:
the 'St. Sebasti".,.Xiver,.:those properties not �designpated C-3 have
relatively low. :density land use designatioris"`:(i:-2, up to 6 � units/
acre, on unincorporated land; LDR, Low Density Residential, up to
5 units/acre in the City of Sebastian). Additionally, the proposed
changes will have little effect on the agriculturally designated
land west of the C-3 designated land.
CONCLUSION
The proposed amendments are consistent with the comprehensive plan
and compatible with areas surrounding C-3 designated land. Through
the requirement of clustered development, habitat management plans,
and other regulations, the proposed amendment will facilitate
several positive results for both the environment and land owners.
First, the proposed amendment will ensure that owners of land
designated C-3 are allowed a reasonable use of their property. The
Proposed amendment will benefit the environment in the following
two ways:
1. ensuring the preservation of at least 80% of the xeric scrub
in the C-3 designated areas; and
2. ensuring that the impacts on the environment of any
development are minimized.
With the adoption of the proposed amendment, DCA will take action
to resolve the noncompliance status of the county's comprehensive
plan and thereby remove the threat of state financial sanctions.
RECOMMMATION
r+
Staff recommends that the Board of County Commissioners approve the
proposed comprehensive plan amendments identified in attachment 3.
Community Development Director Keating recounted previous
activity on this item. He pointed out that Deputy County Attorney
Collins deserves credit for the successful resolution of this
issue. The DCA had wanted 1 unit per 5 acres instead of 1 unit per
September 20, 1994
37
COQ' PAGF.�
BOOK 93 PAGE 329
2.5 acres, but all other amendments were in compliance. DCA
accepted 1 unit per 2.5 acres with the additional safeguards and
DCA has indicated it will approve the plan once it is adopted by
the County.
Chairman Tippin opened the Public Hearing and asked if anyone
wished to be heard in this matter.
Robert Riggio, 125 North Ridgewood Avenue, Daytona Beach,
representing Mr. Coraci, pointed out that changes in state law in
1980 forced the landowners to get involved in the land use planning
process to preserve their right to develop their property.
There being no others who wished to be heard, the Chairman
closed the Public Heraring.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Ordinance 94-28 amending the text of the future land
use element, the conservation element, and the
sanitary sewer sub -element of the comprehensive
plan; and providing codification, severability and
effective date.
ORDINANCE NO. 94-28
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
TEXT OF THE FUTURE LAND USE ELEMENT, THE CONSERVATION ELEMENT,
AND THE SANITARY SEWER SUB -ELEMENT OF THE COMPREHENSIVE PLAN;
AND PROVIDING CODIFICATION, SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted the Indian
River County Comprehensive Plan on February 13, 1990, and
WHEREAS, the Board • of County Commissioners adopted
comprehensive"plan amendment #116 (Coraci) on June 18, 1991, and
• WHEREAS, the Florida Department of Community Affairs (DCA)
issued a Statement of Intent to find comprehensive plan amendment
#116 (Coraci) not in compliance on August 15, 1991, and
WHEREAS, the Board of County Commissioners adopted a
compliance agreement on June 14, 1994, and
September 20, 1994 38
�I
WHEREAS, the Board of County Commissioners must revise the
comprehensive plan according to the compliance agreement, and
WHEREAS, the Board of County Commissioners of Indian River
County held a Comprehensive Plan Amendment Adoption Public Hearing
on September 20, 1994, after advertising pursuant to
F.S.163.3184(15)(b)(2) and (c);
NOW, THEREFORE, BE IT ORDAINED, by the Board of County
Commissioners of Indian River County, Florida, that:
SECTION 1. Comprehensive Plan Amendment Adoption and
Transmittal
The amendments to the Indian River County Comprehensive Plan
identified in section 2 are hereby adopted, and ten (10) copies are
directed to be transmitted to the State of Florida Department of
Community Affairs, one (1) copy is directed to be transmitted to
the Treasure Coast Regional Planning Council, dnd one (1) copy is
directed to be transmitted to Intervenor (Coraci).
SECTION 2. Amendments to the Comprehensive Plan
c Revision to Policy 1.5 of the Future Land Use Element, as
shown on Attachment A.
O Revision to Policy 1.31 of the Future Land Use Element,
as shown on Attachment A.
O Revision to Policy 6.1 of the Sanitary Sewer Sub -Element,
as shown on Attachment A.
c Revision to the Data and Analysis Section of the
Conservation Element, as shown on Attachment A.
c Revision to Policy 6.16 of the Conservation Element, as
shown on Attachment A.
SECTION 3. Codification
The provisions of this ordinance are hereby incorporated into
the County Comprehensive Plan, but shall not be codified.
SECTION 4. Repeal of Conflicting Provisions
All previous ordinances, resolutions, or motions of the Board
of County Commissioners of Indian River County, Florida which
conflict with the provisions of this ordinance .are hereby repealed
to the extent of such conflict.
SECTION 5. Severability
It is declared to be the intent of the Board of County
Commissioners that if any provision of this ordinance and
therefore, the Indian River County Comprehensive Plan Amendment is
for any reason finally held invalid or unconstitutional by any
court of competent jurisdiction, such provision shall be deemed a
separate, distinct and independent provision and such holding shall
not affect the validity of the remaining provisions.
September 20, 1994 39
BOOK 9 3 PACE p 0
BOOK 93 PAGE 331
ORDINANCE NO. 94- 28
SECTION 6.'. Effective.Date
The effective date of this ordinance, and therefore, this plan
amendment, shall be the date a final order is issued by the
Department of Community Affairs or Administration Commission
finding the amendment in compliance with Section 163.3184, Florida
Statutes, whichever occurs earlier. No development orders,
development permits, or land uses dependent on this amendment may
be issued or commence before it has become effective. If a final
order of noncompliance is issued by the Administration Commission,
this amendment may nevertheless be made effective by adoption of a
resolution affirming its effective status, a copy of which
resolutions shall be sent to the Department of Community Affairs,
Bureau of Local Planning, 2740 Centerview Drive, Tallahassee,
Florida 32399-2100.
This ordinance was advertised in the Vero Beach Press -Journal
on the 14th day of September, 1994 for a public hearing to be held
on the 20th day of September, 1994 at which time it was moved for
adoption by Commissioner Adams , seconded by Commissioner
Eggert , and adopted by the following vote:
Chairman John W. Tippin
Vice Chairman Kenneth R. Macht Axe
Commissioner Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS
A TRUE AND CORRECT COPY OF
THE ORIGINAL ON FILE IN THIS
OFFICE.
JEFFREY" i BARTON, CLERK
Ye �w D.C.
DATE �:Z
BOARD OF COUNTY COMMISSIONERS
OF I I IVER gj2UNTY
t
BY
ohn Tipld,, Chairikan
ATTEST BY:�
Acknowledgment by the Department of State of the State of Florida
this 27th day of September , 1994.
Acknowledgment from the Department of State received on this 29th
day of September , 1994, at 2:00 ftft /P.M. and filed in
the office of the Clerk of the Board of CountyCommissioners of
Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
4
� � ( C-4-
. Collins II,
Robert M. Kehtfng; /AICP
Community Development D
September 20, 1994
for
County Attorney
40
ATPACHMNT A
REVISIONS TO TSB CONPREMMSI" PLAN
° FUTURE LAND USE ELEMENT
POLICY 1.5: Development of conservation land shall be limited to uses as
follows:
C-1 Publicly owned
Conservation Uses
Recreational Uses
C-2 Privately owned wetland and barrier island
Conservation Uses
Recreational Uses
Residential Uses 1 unit/40 acres (on-site)
1 unit/1 acre (Transfer
Development Right)
° C-2 areas shall be generally designated on the future land use
map; specific boundaries shall be established pursuant to policy
1.31 of the Future Land Use Element.
C-3 Privately owned xeric scrub
Conservation Uses
Recreational Uses
Residential Uses 1 unit/2-1/2 acres (on-site internal
transfer of development rights)
or
1 unit/1 acre (external transfer of
development rights)
° C-3 areas shall be generally designated on the future land use
map; specific boundaries shall be established pursuant to policy
1.31 of the Future Land Use Element.
No residential development in C-2 or C-3 areas shall occur unless such
development is approved as a planned development. The county shall
require cluster development and density transfers to limit the impact of
development on conservation lands. Planned Developments and clustering do
not apply to single family lots along the St. Sebastian River existing prior to
February 13, 1990. The following criteria shall apply to planned
developments in the C-2 or C-3 areas:
° The density of the project shall not exceed the maximum density of
the C-2 (for wetlands) or C-3 (for xeric scrub uplands) areas, as
applicable; no density transfers from off-site lands and no density
bonuses shall be permitted within PD projects on C-2 or C-3
designated lands;
° Lots created through the PD process shall not exceed one acre in
size, with the remainder of the area designated gas open space;
° Open space areas shall be retained as natural areas; however, up
to ten percent of the open space in C-3 areas may be used for
passive recreation (including nature centers and trails, scenic
areas, wildlife sanctuaries and feeding stations, and picnic areas),
and historical sites, as appropriate.
° Within the C-3, the total area of xeric scrub disturbed by a
planned development project shall not exceed 20% of the total xeric
scrub area occurring on site.
° See additional criteria in Conservation Policy 6.16.
September 20, 1994 41
BOOK 93 PAGE 332
BOOK 93 PnE 333
POLICY 1.31: Conservation land use designations shall be depicted on the
future land use map. The exact outer boundaries of the C-2, and C-3
Conservation Districts shall be determined by environmental survey. Any
area which is depicted as a C-2 (wetlands) area or C-3 (upland xeric scrub)
area on the Future Land Use Map, but which is determined by environmental
survey not to be wetlands (as defined in Conservation Element Policy 5.1) or
xeric scrub uplands (as defined by the presence of xeric scrub vegetation
and Orsino fine sand, 0 to 5 percent slopes, or Electra sand, 0 to 5 percent
slopes) will have the same land use designation as . the contiguous adjacent
property, except for the land in the C-3 area east of the St. Sebastian
River which shall be designated R, Rural land use. All areas depicted C-3
on the Future Land Use Map which have xeric scrub vegetation and Orsino
fine or Electra sands will be deemed environmentally important,
notwithstanding whether or not such areas meet the 5 acre minimum
threshold for environmental importance established in Conservation Element
Policy 6.11 for other districts in the county.
The determination of the exact outer boundaries of C-2 or C-3 areas will be
made by the county environmental planning staff based on verification of the
vegetation and soils criteria referenced above, as applied to the
environmental boundary survey conducted by the landowner/applicant or his
agent at the time of application for any development permit (other than a
comprehensive plan amendment or rezoning.)
The county environmental planning staff shall not make its determination of
environmental importance or sensitivity until after consultation with all
appropriate local, state and federal agencies. Such consultation shall be
ongoing, as required for proper coordination, throughout the land
development permit approval process.
° SANITARY SEWER SUB -ELEMENT
POLICY 6.1: Use of on-site wastewater treatment systems shall be limited
to the following conditions:
° Existing septic tank and package treatment plants may remain in
service until such time as centralized service is made available; at
such time the county shall enforce existing regulations requiring
single family units within 200 feet of county sewer lines to connect
to the county system. When service is available, all units in
subdivisions within 1/4 mile of the county sewer line and all
commercial/industrial uses shall be connected to the county system.
Residential units and/or commercial/ industrial establishments having
a health problem due to their sewer treatment system must connect
to the regional system regardless of the distance.
° Use of septic tank systems for new development shall be prohibited
unless.:
° such development meets the criteria set on the water and
wastewater connection matrix on Table 3.A.16; or
° such development consists of clustered residential development
within privately owned upland conservation (C-3) areas, in
which case no individual septic tank , systems may be
associated with individual residential units, but centralized
community septic systems may be provided to each pod of
clustered residential development, if such centralized
community septic systems- are located outside of such C-3
areas and outside any other conservation areas or areas that
-are environmentally sensitive or significant.
September 20, 1994 42
° Use of package treatment plants shall be limited to residential,
commercial and light industrial development projects in areas of the
county inside the 2010 Urban Service Areas which do not have
access to the existing county system, with the requirement that
when the county system is extended to this area, these
developments must connect to the regional system and pay the
appropriate fees. The county shall modify its land development
regulations by September 1990, to require the developer to
construct a dry line or wet line at the time of construction when
the above criteria apply.
° Package treatment plants or other appropriate sanitary sewage
treatment and disposal systems shall be allowed in areas of
development outside of the 2010 Urban Service Area when such
development meets the criteria of policies of the Future Land Use
Element for:
° clustering of residential development within agricultural areas;
° clustering of residential development within privately owned
upland conservation areas; or
° clustering development within mixed use districts.
° CONSERVATION ELEMENT
DATA AND ANALYSIS PAGE 68.2:
° A 1 unit per 2-1/2 acre density applied to the xeric scrub east of
the St. Sebastian River (with clustering requirements) provides
reasonable protection to the scrub and river, in combination with
the 1 unit per 40 acre density (applying to the 125+ acres of
wetlands) and a river/wetland setback buffer. The number of
potential development units within the 300 acres of xeric scrub on
the east side of the river is further reduced when one accounts
for- the approximately 125 acres of scrub already protected from
development within the county's Donald McDonald Park and Boy
Scout's Camp Oklawaha.
The Indian River County Soil Survey identifies "Orsino fine sand,
0 to 5 percent slopes" as the soil associated with xeric scrub east
of the St. Sebastian River. Relative to other soils in the county,
Orsino fine sand is one of the better soils for septic tank
absorption fields, with moderate limitations. Soil modifications, in
combination with setback requirements from the river, would
minimize ecological impacts associated with septic systems. This
issue will become moot over time on the east side of the river,
however, as public sewer will completely serve the area by the
year 2010 (see the Sanitary Sewer Sub -Element for reference
Information).
A conservation designation on the west side 'of the St. Sebastian
River to provide resource protection would cover approximately 600
acres of xeric scrub; approximately 150 acres of wetlands border
the river on the west side in the unincorporated county as well.
The xeric scrub and associated wetlands on the west side of the
river are presently undeveloped and largely undisturbed; the
acreage is outside of the county's Urban Service Area (USA) . At
a 1 unit per 2-1/2 acre density, the xeric scrub in this area would
September 20, 1994 43
BOOK 93 E-334 -3
BOOK 93 PAGE 335
have a potential for a maximum of approximately 240 residential
units. In that area that is outside of the USA, individual wells
and septic systems would be prohibited in association with the
residential units. To protect the watershed of the St. Sebastian
River from any possible pollution, clustered residential development
on privately -owned upland conservation areas would obtain potable
water from privately owned public water • treatment plants or
centralized service, and would obtain sanitary sewage treatment
from either package treatment plants, centralized community septic
systems located outside of the xeric scrub area, other appropriate
treatment and disposal systems, or from centralized sanitary sewer
service.
The county soil survey identifies "Electra sand, 0 to 5 percent
slopes" as the soil associated with the scrub community west of the
St. Sebastian River. The soil is classified as "somewhat poorly
drained", and in its unaltered state the soil has severe limitations
for septic suitability. However, even with its limitations, local
SCS soils scientists identify Electra sand as one of the better soils
in Indian River County for septic tank .-.absorptions fields and
Indicate that all of its limitations can be overcome. Adequate
amounts of suitable fill material would increase the effective depth
to the water table and the restrictive layer and provide needed
filtration. The risk of filtration problems can be reduced by
maintaining maximum setbacks from the river and associated
wetlands, and Ph can be raised in the immediate area of a septic
tank to prevent corrosion to the concrete.
° Hazardous Waste Management
The Solid Waste Sub -Element of the Comprehensive Plan substantially
describes and analyzes hazardous waste management practices in Indian River
County. The following points are summarized:
° The County Utilities Department presently has limited storage
facilities at the county landfill for residentially generated
hazardous waste. This facility does not accept such waste from
small quantity commercial or industrial generators. Small quantity
generators presently must contract with private hazardous waste
haulers for the disposal of waste materials. - A future expansion of
the storage facility at the landfill for temporary storage of
hazardous materials is proposed.
° There is apathy 'or ignorance regarding the impacts of improper
hazardous waste disposal or illegal dumping in Indian River
County, in that illegal dumping continues to be a problem. A
program to educate the public concerning the economic and
environmental impacts of such activities could help to address this
matter. Also, an increase in the consequences of illegal dumping
(i.e.., 'fine penalties) may help to deter such problems.
POLICY 8.18: The county shall protect the large undisturbed upland and
xeric scrub community abutting the environmentally sensitive St. Sebastian
River. Development in that area shall be consistent with future land use
element policy 1.5 densities and clustered to preserve significant and
connected expanses of viable xeric scrub habitat. Recognizing the
undisturbed scenic and natural qualities of the river, any permitted
residential development shall maintain a 100 -foot natural buffer consisting of
undisturbed native vegetation measured from the mean high water mark of
the river or ' 50 feet from the landward boundary of jurisdictional wetlands
September 20, 1994 44
M M M
M
along the river or any tributary, whichever is greater. The design of any
residential development shall restrict boat access to the river consistent with
federal, state and local laws and regulations providing for the protection of
manatees. To further protect manatees, only non -motorized boats will be
allowed in association with development on the west side of the St. Sebastian
River. Because of the importance of the community ps an intact natural
._system, areas designated as- set -asides must contain ecologically adequate
habitat to maintain and preserve the natural functions and character of this
community. * No off-site mitigation for such area shall be permitted. The
county shall encourage the conservation of this xeric scrub community by
establishing density transfer and cluster development land use regulations to
limit the impact of development on this property. Appropriate infrastructure
such as central sewer service and surface water management systems may be
required for the protection of the St. Sebastian . River ecosystem. In
addition, the following criteria must be met:
° Prior to the submittal of any plan of development, the site shall be
surveyed by a qualified biologist or ecologist for the presence of
plant and animal species listed as endangered, threatened or as
species of special concern by the U.S. Fish and Wildlife Service,
Florida Game and Fresh Water Fish Commission, or the Florida
Department of Agriculture. The survey methodology shall be one
that is professionally accepted and applied. Among the species
anticipated to be located on the site are the Florida scrub jay,
gopher tortoise, gopher frog, Florida mouse and eastern Indigo.
snake.
° The clustered development shall preserve 80% of the scrub habitat
as part of an intact contiguous natural system and include the
critical habitat needed to maintain viable populations of the listed
species' on-site. To the extent environmentally and economically
feasible, development sites shall be selected to avoid occupied
habitat in order to minimize the need to relocate threatened and
endangered species.
° Access roads shall be constructed and located to avoid impacts to
wildlife. In particular, access roads shall be designed to minimize
any effect they may have as barriers by employing road design
standards which take into account natural features and wildlife
habits . • Such design standards shall include, but are not limited
to: minimum pavement width and shoulders; one-way roadways
wherever possible; minimum swales; orientation to minimize use by
animals as resting/sunning areas; reducing speed limits to under
30 miles per hour; and signage to remind users to be watchful of
wildlife.
° The development pattern shall be designed to allow prescription
burning of the preserve area; however, see below.
° A habitat management plan shall be prepared and approved for the
scrub preserve prior to final development approval that
a. includes a schedule for prescription burning in stages over
time to ensure viable habitat remains for the listed species at
all times. A prescribed or controlled burn is the preferred
management method. In the event that excessive smoke would
prevent a burn permit from being issued, then mechanical
clearing of some vegetation prior to the prescribed burn
would be the next best alternative to pursue. The last
alternative is mechanical clearing and no use of fire. Any
mechanical clearing of vegetation must avoid disturbing the
soil to the extent that it affects the ve-establishment of the
scrub habitat, and
September 20, 1994 45
BOOK 93 FAGS 3
I
BOOK 93 PAGE -337
b. includes a schedule for removing exotic or intrusive plants
that would displace the scrub habitat, and
C. provides for management of listed species consistent with
applicable local, state and federal laws, and
d. prohibits and prevents domestic pets from freely roaming
within the preserve, and
e. prohibits construction activities and prelcribed burns that
would interfere with active Florida scrub jay nests during the
Florida scrub jay nesting season (March 1 through June 30),
and
f. includes the responsible entity for implementing the habitat
management plan and includes a legally binding instrument to
provide assurances of financial and institutional ability to
carry out the management plan, and
g. provides for monitoring to evaluate the effectiveness of the
management plan and make revisions as necessary.
° The U.S. Fish and Wildlife Service and the Florida Game and Fresh
Water Fish Commission will be requested to help develop and
approve the habitat management plan.
REPORT ON RAFT REMOVAL
County Administrator Chandler gave a report to the Board on
the removal of the rafts by DOT.
TO: Honorable Board of County Commissioners
THROUGH: Jim Chandler, County Administrator
FROM: DougWri h4 Direct
g or
Emergency Services
DATE: September 20, 1994
SUBJECT: Update on Refugee Rafts on Indian River Beaches
The Florida Department of Transportation removed twenty-five (25) of
the refugee rafts off county beaches since the Commission meeting
last Tuesday, September 13, 1994.
There are fifteen (15) rafts left on the beaches as of Monday,
September 19, 1994, some of which are substantial in size. The DOT
advises they will continue to remove as many of the remaining rafts
as possible working through Wednesday of this week.
DOT related to staff that the larger rafts not removed as- of
Wednesday, will be removed by a contractor towing them through the
Ft. Pierce Inlet and lifting them from the water onto a flatbed truck
for disposal.
September 20, 1994 46
Staff will continue to monitor the situation to ensure the removal is
complete. Additional rafts will probably come ashore and we will
continue to press the state and DOT for removal assistance. To date,
Indian River County has not incurred any expense in removal of the
rafts -from the county beaches.
Any significant changes in DOT plans will be transmitted to the Board
for action as deemed appropriate.
I.R.C. COURTHOUSE PROTECT/CHANGE ORDER NO. 12
The Board reviewed a Memorandum of September 8, 1994:
DATE: SEPTEMBER 8, 1994
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTO
DEPARTMENT OF GENERAL SERVICE
SUBJECT: INDIAN RIVER COUNTY COURTHOUSE PROJECT
CHANGE ORDER NUMBER 12
BACKGROUND:
The -contract. with: Jam es- A:. •Cummings �. ; Inc., for the subj ectt project
calls for the owner;'' Indian` River County, to P4rciiase certain'
equipment and material directly from the vendor in order to save
paying sales tax on these items.
The contractor added cost of equipment, materials and applicable
taxes into his price when bid. The procedure calls for a total
deduction of cost and taxes from the contract and all payments
from items being made by the County. The taxes are not paid.
The total deduction in this Change Order amounts to $127,060.95
with a tax savings of $7,308.63 to the County. Total tax savings
at this time amounts to $213,293.10.
This new contract price is $9,998,744.02.
RECOMMENDATIONS:
Staff recommends approval of Change Order Number 12 as presented.
September 20, 1994 47
BOOK 93 FA E 33
r
BOOK
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously approved
Change Order Number 12 with James A. Cummings, Inc.,
as recommended by staff.
CHANGE ORDER NUMBER 12 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
I.R.C. COURTHOUSE PROTECT/CHANGE ORDER NO. 13
The Board reviewed a Memorandum of September 8, 1994:
DATE: SEPTEMBER 8, 1994
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTO
DEPARTMENT OF GENERAL SERVICES
SUBJECT: INDIAN RIVER COUNTY COURTHOUSE PROJECT
CHANGE ORDER NUMBER 13
BACKGROUND:
93 PAGE 339
This proposed. change order to the -contract between. James A.
Cummings; Inca and .Indian --River County is'-h_ecessitafed� due '.to the
following construction changes on the subject projectt
Item #1 Condensate lines in room 1123 were
omitted from plans. (ARCHITECT)
Item #2 Added soffits and headers due to
conflicts with ceilings and mechanical
services. (ARCHITECT)
Item #3 Added one way vision panel in a door.
(OWNER)
Item #4 Revised framing for rooftop structure
at skylight. (ARCHITECT)
Item #5 Added a layer of drywall behind -wood
crown molding in courtrooms. (ARCHITECT)
Item #6 Relocate plumbing lines outside terrazzo
floor area. (ARCHITECT)
Item #7 Changed plywood thickness from 3/4" to
5/8" on roof area next to skylight.
(ARCHITECT)
September 20, 1994 48
$ 4,012.00
970.00
1,056.00
21,346.00
848.00
4,217.00
(5,100.00)
Item #8 Relocated overflow drain for Portico roof 1,071.00
from front to rear of building. (ARCHITECT)
Item #9 Added lights and power to elevator penthouse 2,404.00
that were omitted from plans. (ARCHITECT)
Item #10 Deleted wire -lath from exterior insulation (4,560.00)
as recommended by manufacturer. (ARCHITECT)
Item #11 Modified drywall soffits in atrium. 15,500.00
(ARCHITECT)
Item #12
Condensate drains added to two FRU's that
4,142.00
407.00
were left off plans. (ARCHITECT)
(OWNER)
Item
Item #13
-Revised-electrical outlets as -wrong type
469.00
was -scheduled on all.3 floors at corridors.
.to another. (ARCHITECT)
(ARCHITECT)
#22
Item #14
Deleted vinyl flooring as not required in
(90.00)
room 1156. (ARCHITECT)
Item #15
Fire rated ceiling as required; was omitted
21103.00
2,824.00
from plans.
Item #16
Added drywall enclosure with metal
1,557.00
stool in atrium area. (ARCHITECT)
Item #17
Deleted vinyl wall covering in judge's
(1,128.00)
toilets. (ARCHITECT)
Item #18
Provide marble thresholds at all door
-0-
ways into rooms with ceramic tile
floors. (ARCHITECT)
Item #19 CMU walls were extended to deck above
in holding cells area. (ARCHITECT)
4,170.00
Item
#20
Relocate photo processor in room 1112
407.00
(OWNER)
Item
421Instalaed
: l got fixtures :-from- one, area
-0-
.to another. (ARCHITECT)
Item
#22
Revised concrete floor beams to meet
2,201.00
code requirements. (ARCHITECT)
Item
#23
Add door into room 2162. (OWNER)
2,824.00
Item #24 Added concrete protection for rain
leaders in parking garage. (ARCHITECT)
Item #25 Connect certain emergency battery packs
to a power source. (ARCHITECT)
Item #26 Change ceramic tile in room 2230 to
resilient flooring and base.
Item #27 Added drywall to cover exposed wood
in atrium area. (ARCHITECT)
September 20, 1994
49
823.00
4,238.00
(143.00)
-0-
BOOK 93 NgGE 6340
F_
Item #28 Added smoke exhaust in elevator #5
(ARCHITECT)
Item #29 Enclosed storm water line in elevator
machine room. (ARCHITECT)
Item #30 Revised signage package and deleted
State Seals. (ARCHITECT)
Item #31 Changed spandrel glass to inlet loovers
on 3rd floor. (ARCHITECT)
Item #32 Changed partition anchors to Tapcon
type over terrazzo floors. (ARCHITECT)
Item #33 Drywall chases were added to conceal
conduit and wiring in four areas.
(ARCHITECT)
BOOK 93 PAGE 341
2,150.00
487.00
(1,058.00)
1,428.00
250.00
440.00
Item #34
Added drywall chase for plumbing in room
99.00.
-
-12 01.. (ARCHITECT)
Itiil*36cling
height changed due to -conflict
164.00 --
with windows. (ARCHITECT)
Item #36.
Modified floor slab after installation to
1,143.00
accommodate finish in three areas.
(ARCHITECT)
Item #37
Enclosure around duct work omitted from
255.00
plans in room 2224. (ARCHITECT)
Item #38
Wrong type trench drain specified in
1,082.00
parking garage. Cost for installation
only. (ARCHITECT)
Item #39
Relocated drainage structure to avoid
1,150.00
existing telephone cables not shown
on site survey. (OWNER)
Item #40
Modify wall to accommodate fire valve
137.00
cabinet in room 1127.
TOTAL
$71,064.00
The new contract price is $10,069,808.02.
Gary Glenewenkle, Senior Vice President of Centex -Rooney,
presented an update on overall change orders and advised that
$233,900 is the result of owner -requested changes, while $154,916,
or 1.17%, of the original amount, is due to errors, which is normal
in the business. Based on the construction industry's standard on
a building of this size these changes are extremely low and very
favorable.
September 20, 1994 50
Commissioner Eggert inquired as to -Item 2 and asked if that
indicated that things don't fit.
Mr. Glenewenkle replied that was right, that there was not
enough room and they had to drop the ceilings.
Commissioner Macht felt that the comments were well taken and
that, in spite of problems, the project was not really too much
over the norm. He also mentioned that a large number of the
changes were attributable to the Commission based on things
discovered at the Seminar in Polk County.
General Services Manager Sonny Dean advised that what you have
before you today is Change Order No. 13 which represents a list of
40 items that had to be changed on the Courthouse. There are some
deducts and some adds, but basically it is a total of $71,064 added
to the contract. Gary Glenewenkle of Centex -Rooney and Joe Searcy
of Pierce Goodwin are here today to answer any questions the Board
may have.
Mr. Glenewenkle reported that to date there have been $92,703
worth of change orders added to the project. Of that, in our
opinion, as the program manager, $233,900 has been owner requested
changes and, again, the bulk of that, the air quality changes.
That amounts to 1.76% of the original contract amount. We have an
amount that we have established as a result of the coordination of
the drawings and omissions of the drawings, the errors of the
architects and engineers and omissions items left out and not
coordinated in the documents. That amounts to $154,916, or 1.17%
of the original contract amount. We have a balance of $103,887, or
.78% of the original contract amount, which are items that we feel
are normal business - nobody's at fault, just unforeseen items that
have to be taken care of during the course of the construction of
the project. Based on a construction industry standard, these
numbers, based upon the size of this project, with the extended
time, are extremely low and very, very favorable. The change order
is for $71,064, of which approximately $5,500 is the result of
owner requested changes and $65,500 the result of architect and
engineering coordination and errors. Again, Joe Searcy is here
with Pierce Goodwin to answer any questions and also Jim Keeven
from our on-site project staff.
Commissioner Macht felt that Mr. Glenewenkle's comments are
pretty well taken. Ten percent is the usual allowance for
overrides and in spite of some bad publicity on that and other
matters, the project isn't really too much out of the norm in that.
respect. The interesting part, even so, is that the lion's share
of the changes is being allocated to the architectural firm, the
September 20, 1994 51 �
BOOK 93 PAGE3494,
BOOK -93 PACE 343
original architectual firm or whatever. A large part of the
changes were initiated by the Commission in the interest of
avoiding the "sick building" syndrome and this was based on things
discovered at our seminar in Polk County relevant to Polk County's
unpleasant experience and Martin County's very unpleasant
experience. That has accounted for a considerable part of the
change orders and it's money well spent. Commissioner Macht
emphasized that there will be no building in Florida that is in
better condition to avoid sick building syndrome than this one. In
spite of some recent deviations, he intended to move approval of
the item, with the notation that it is a monstrous project and it
is a specialty building. It's not your ordinary building - it has
public aspects, it has aspects of a penal colony built into it -
and when all those things converge, it is a difficult building to
do.
MOTION WAS MADE by Commissioner Macht, SECONDED by
Commissioner Adams, that the Board unanimously
approve Change Order Number 13 with James A.
Cummings, Inc., as recommended by staff.
Under discussion, Commissioner Bird understood we are holding
a 10% retainage across the board on construction, architectural,
engineering, etc. and that all these change orders, and the
question of responsibility and so forth, will be negotiated or
litigated or whatever at the end of the project.
Mr. Glenewenkle advised 10% is being held back across the
board with the contractor. He believed the architectural firm
agreed upon a schedule of values and has drawn down on that to just
under $11,000. Mr. Glenewenkle wished to leave on one positive
note, since a lot of money has been spent on air quality. As you
know, the air conditioners in the building have been running since
early July. The primary contributor to air quality problems in a
building is the humidity, and they have been recording the humidity
and checking it, and the building is performing extremely well,
within the design parameters. It is staying in the low 60s and
high 50% relative humidity which indicates that everything we've
tried to do and planned to do has worked and we won't have a sick
building.
THE CHAIRMAN CALLED FOR THE QUESTION.
THE MOTION PASSED UNANIMOUSLY.
September 20, 1994 52
CHANGE ORDER NUMBER 13 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
BOND COUNSEL SELECTION RANKING
The Board reviewed a Memorandum of September 14, 1994:
TO: Members of the Board
of County Commissioners
DATE: September 14, 1994
SUBJECT: BOND COUNSEL SELECTION RANKING
FROM: Joseph A. Bair
OMB Director
DESCRIPTION AND CONDITIONS .
The Bond Counsel selection committee meeting of June 28, 1994 ranking resulted in two firms, being
- tied for, first. place (Bryant, Nfiller and`Q1iye, P:A-.and"Squire; Sanders & Dempsey.= On Jiily`26;
1994 the Board of County Commissioners authorized staff to further analyze the two bond counsel
frons and make a recommendation on the one we feel would best fit the County's needs.
Bond Counsel selection committee unanimously chose Bryant, Miller and Olive first and Squire,
Sanders and Dempsey second. This made the complete ranking as follows:
1. Bryant, Miller and Olive
2. Squire, Sanders and Dempsey
3. Rhoads & Simon
4. Greenberg, Traurig, Hoffman, Lipofi; Rosen & Quentel
Approve the Bond Counsel Selection Committee ranking.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the Bond Counsel Section Committee ranking, as
recommended by staff.
CLAUNIS SERVICE AGREEMENT
The Board reviewed a Memorandum of September 12, 1994:
September 20, 1994 53
Boor 93 FACE 44
BOOK 93 PAGE 345
Tos James E Chandler Co .
Through: Jack Price, Personnel Director F
From: Beth Jordan, Risk Manage
eubjeat: Agenda Request; Claims Service Agreement
Date: September 12, 1994
Please consider for the September 20, 1994, Board agenda the
1994-95 renewal Service Agreement between the County and
Insurance Servicing & Adjusting Company (ISAC).
This begins the third year of our most recent relationship with
ISAC, third party claims administrator for the Florida League of
Cities. Although their RFP response for the beginning of this
period held their rates for two years with the option of an
increase in the third, they have offered to hold their charges to
the current ones, at an annualized expense not to exceed
$33,985.00.
We have enjoyed a cooperative and responsive relationship with
this firm, and we look forward to another year with them. We ask
that the Board approve the Service Agreement.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously approved
the 1994-95 renewal Service Agreement between the
County and Insurance Servicing & Adjusting Company
at an annualized expense not to exceed $33,985, as
recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
58TH AVENUE & OSLO ROAD RIGHT-OF-WAY ACQUISITION
The Board reviewed a Memorandum of September 13, 1994:
TO: James E. Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Directory
FROM: Donald G. Finney, SRA **-+.
County Right -of -Way Agent
SUBJECT: 58th Avenue and Oslo Road Right -of -Way Acquisition;
-Parcels #101 and #101-A, Laurel Builders, Inc.
DATE: September 13, 1994
September 20, 1994 54
DESCRIPTION AND CONDITIONS
n
An .additioai 56 feet of 'right-of-way is required "on 58th 'Avenue
for the paving improvement project from Route 60 to Oslo Road, and
70' of additional right-of-way is needed along Oslo Road west of
58th Avenue.
The property owner has executed two contracts at the appraised
value of $14,400 per acre for the A-1 zoned land.
The.. contract price is
58th Avenue, Parcel #101, 144,308.22 sf, 3.31 acres
Oslo Road, Parcel #101-A, 225,652 sf, 5.18 acres $ 47,664
_74.592
TOTAL $122,256
58th Avenue, parcel #101 is a cash sale at closing.
Parcel #101-A is to be purchased on three equal annual inOslo Road,
stallments
of $24,864 on October 7, 1994, October 7, 1995 and October 7, 1996.
This method will provide a beneficial cash flow within District 9
of the Traffic Impact Fee Fund.
There are no appraisal or attorney fees.
RECOMMENDATION
Staff requests the Board of County Commissioners approve
$47,664 and $74,592 purchases and authorize the Chairman to execute
the contracts.
FUNDING
58th Avenue, Parcel #101 - Funding to be from District 9 Traffic
Impact Fee #101-151-541-067.30 with reimbursement from the Local
Option Sales Tax Revenue 1995/96.
Oslo Road, Parcel #101-A - Funding to be from District 9 Traffic
Impact Fee #101-159-541-067.30 to be reimbursed from the Local
Option Sales Tax Revenue 1998/99.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the 58th Avenue right-of-way acquisition from Laurel
Builders at a contract price of $47,664 and the Oslo
Road right-of-way acquisition at a contract price of
$74,592, as set out in staff's recommendation.
ORIGINAL CONTRACTS ARE ON FILE IN THE OFFICE
September 20, 1994
OF THE CLERK TO THE BOARD
55
BOOK 93 F,
+,x.346
I
BOOK 93 FtIGE 347
I.R. BOULEVARD PHASE IV, CHANGE ORDER NO. 3
The Board reviewed a Memorandum of September 14, 1994:
TO: James Chandler
County Administrator
TMMGH: James W. Davis, P.E.
Public Works Director
FRO![: Terry B. Thompson, P.E. .I DATZ: September 14, 1994
Capital Projects Manager
StTBJECT: Indian River Boulevard Phase IV
Change Order No. 3 and Final Payment
DESCRIPTTON AND CONDITIONS
As-Builts for Indian River Boulevard Phase IV are now complete and..
t final " quaditi�ies have. been computed. Attached is Change. Order �No i, .
3 and the Final Application for Payment.
Change Order No. 3 includes increases in the amount of $87,778.60
and deducts in the amount of $551,328.60 that adjust contract
quantities to the actual quantities of work performed.. The total
net change in the contract price for this Change Order is an
increase in the amount of $32,450.00. The new contract amount of
$3,582,611.77 is 1.9 million below the estimated budget and
$317,315.16 below the bid amount submitted by the second lowest
bidder on the original bid.
Staff recommends the following actions be taken:
1. Approve Change order No. 3 in the amount of $32,450.00
for a new contract amount of $3,582,611.77.
2. Release final payment including the A retainage.
(Retainage was reduced from 10$ to 2% on July 19, 1994.
Funding is from Account No. 309-215-541-066.51.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
Change Order No. 3 with Dickerson Florida, Inc. for
Indian River Boulevard Phase IV in the amount of
$32,450 and released final payment including the 2%
retainage, as recommended by staff.
CHANGE ORDER NUMBER 3 IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
September 20, 1994 56
F
L
SOUTH COUNTY R.O.-PHASE H, RETAINAGE REDUCTION - CDM
The Board reviewed a Memorandum of September 9, 1994:
DATE: September 9, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR•OF UTIL ERVICES
PREPARED WILLIAM F. MCCAIN
AND STAFFED CAPITAL PROJECTSER
BY: DEPARTMENT OF UTILI SERVICES
SUBJECT: SOUTH COUNTY.R.O. - PHASE II,_ RETAINAGE
REDJUCT ION -AND , . PAYMENT .. APPLI CATT4N, �+TD : - t�. 3:
INDIAN :RIVER "COUNTY`PROJECT ATO. UW_ -91 -17 -WC
BACKGROUND
On November 10, 1992, the Board of County Commissioners approved a
contract with Wharton -Smith for the above referenced project. The
project reached final completion on July 8, 1994. This completion
date was late by 270 days (see attached letter from Camp, Dresser
& McKee, Inc., dated August 16, 1994). As a result of the delay,
the contractor has incurred substantial liquidated damages. The
contractor has reached final completion and has requested a
reduction in the contract retainage to 2%.
ANALYSIS
The contract (See attached- Article 5, section 500, pages 3 & 4 of
the contract) allows for a retainage reduction to 2%, upon final
completion. Due to the high liquidated damage potential, (i.e.,
$147,615) the Department of Utility Services recommends only a
reduction -in retainage from 10$ to 8%, or a total retainage of
$188,052.27.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the retainage reduction in
the amount of 2% (i.e., 10% reduced to 8%) as presented.
Commissioner Adams inquired as to why this project is running
so late and was advised that the subcontractor got a late start and
September 20, 1994 57
BOOK 93 Fn -E348
BOOK 93 PAGE 349
was negligent in getting sufficient staff to fulfill his duties.
That has been ironed out, and now we have to sit down and negotiate
what the time loss is going to cost them.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the South County R.O. - Phase II retainage reduction
for CDM in the amount of 2%, as recommended by
staff .
SAID APPLICATION IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
South County Wastewater Treatment Plant
The Board reviewed a Memorandum of September 13, 1994:
DATE: September 13, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRA
FROM: TERRANCE G. PINT
DIRECTOR OF UTI SERVICES
PREPARED ROBERT 0. WISEMEN, P.E.%?AV
AND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: SOUTH COUNTY WWTP
WORK AUTHORIZATION, AMENDMENT NO. 1
INDIAN RIVER COUNTY PROJECT NO. US -90 -20 -DC
+BACKGROUND
On July 16, 1991, the Indian River County Board of County
Commissioners approved the agreement between the County and Camp,
Dresser and McKee, Inc., for design, permitting, bidding and
professional services during construction and providing resident
project representation for the 2.0 MGD wastewater treatment
facility at Oslo Road. This agreement presently has a fee balance
in the amount of $227,240.00
In October, 1993, the County purchased the Ger)eral Development
Utilities Wastewater Treatment Plant. This plant (known as the
South County Wastewater Treatment'Plant) was designed for 0.8 MGD
treatment capacity. The capacity of this plant is permitted by
the FDEP at 0.4 MGD, due to its effluent disposal capabilities.
Presently, the effluent from the plant is disposed to the ground
water via percolation ponds. The soil condition and high ground
water in the area limits the percolation capacity.
The Indian River Country Club golf course, which has been developed
in the northern boundary of the referenced plant, requires
approximately 0.4 MGD -of reuse water for irrigation. The
capability to dispose of effluent from our plant, at this "location,
will permit the County to treat up to a capacity of 0.8 MGD. To
September 20, 1994 58
provide said golf course with reuse water, the plant is required by
FDEP to install a filtration system. Without filtration, the
produced effluent water does not meet FDEP criteria as reuse water
to be used in public areas for irrigation. This addition of a
filter is very essential now, and for future expansion.
The filtration system is to be designed and sized accordingly for
the plant expansion to 2.0 MGD. The purchase and installation of
the filtration system is going to be fast -tracked through
negotiations with J.J. Kirlin, the contractor that was awarded the
contract to build a similar filtration system for the West Regional
Wastewater Treatment Plant expansion project.
On November 2, 1993, the Board of County Commissioners approved for
Masteller a-nd Molar., Inc. , to design
foz• eral
f�rs�n� @s10 :.Rcracd''` the .r, YOumBP
fa.0 lity anidi: tehsae
ti1e# �to ,the G.e.• b6in
County o7(souti WWTPi.siteThf'
presently
advertised for bid with a projected start of constiveiion=,_in early
1995. -- _
In January, 1994, the Board of County Commissioners approved for
Carter Associates, Inc., to design an effluent transmission main
and pumping station for the interconnection of the South County
WWTP to the West County WWTP and its effluent disposal facility, a
proposed artificial wetland. This interconnection is required
because the Indian River Country Club golf course, along with the
Vista Royale and Vista Gardens golf courses, will not accommodate
the disposal of the total volume of effluent produced by the South
County WWTP. The pump station and force main is designed and will
be submitted to DEP for permitting and will be advertised for bid
upon receipt of permit.
On December 7, 1993, the Board of County Commissioners approved
in-house design for the force main and pumping station located in
Vero Shores for the diversion of sewer flow from the U.S. force
main and Grove Isle subdivision, which presently flow to the City
of Vero Beach WWTP. This diversion of flow is the County's effort
to direct sewer flow to the- South County WWTP to reduce its
treatment costs. This, project will- be . Completed .. by November ' 15 ,
,_ . .. -.].•954: •'� - .. _ . y .. .. •
ANALYSIS
The County has negotiated with Camp, Dresser and McKee, Inc., to
design the expansion of the South County WWTP to 2.0 MGD. The
scope of work consists of design and specifications for the 2.0 MGD
plant expansion, assistance to the County in obtaining the
construction permit, bidding services, engineering assistance
during construction, providing resident project representation, and
assistance in procurement of the filtration system to produce reuse
water:` The negotiations have concluded and Amendment No. 1 is
produced. Amendment No. 1 shall annul and replace the existing
agreement with Camp, Dresser and McKee, Inc., and the outstanding
fee of $227,240.00. The estimated cost for the expansion is
$5,0001000.00.
The costs for Amendment No. 1 are listed below according to the
tasks:
Task 100 - Permit assistance $23,500.00
September 20, 1994 59
BOOK 93 Pv1JE 351
Task 200 - Site plan approval $ 10,500.00
Task 300 - Filter fast tracking design,
permitting and contract
negotiation $ 31,500.00
Task 400 - Final design services and other
direct costs $221,000.00
Task 500 - Bidding services $ 18,400.00
Task 550 - General engineering services
during construction and resident
project representation • $168,100.00
Task 600 - Subconsultants S 16.000.00
Total fee to'be approved' $489,000.00'
. - The negotiated .f6e. As.-W61.1%._
s W61. :: vi hiA --acceptable.. amount .for . g
project of*
:this"magnitude "arid "complexity. It` shall--be.*pdid .frim:
the sewer impact fee -fund.
As previously stated, the County would like to negotiate with J.J.
Kirlin, the contractor of the West Regional WWTP expansion project,
to purchase and install the filtration system based on the design
and specifications of the engineer. The result from negotiations
will be brought before the Board of County Commissioners for
approval.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the following:
1. Annulment of existing agreement with Camp, Dresser, and
McKee, Inc. for the expansion of the South County WWTP
including the fee balance of $227,240.00.
2. Amendment No. 1, scope of work and engineering fees in
the amount of $489,000.00.
3. To negotiate with J.J. Kirlin for the immediate
installation of the filtration system.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously annulled
the existing agreement with Camp, Dresser and McKee,
Inc. for the expansion of the South County WWTP,
including the fee balance of $227,240; approved
Amendment No. 1 in the amount of $489,000; and
approved negotiations with J. J. Kirlin for the
immediate installation of the filtration system, as
recommended by staff.
- ENGINEERING SERVICES WORK AUTHORIZATION
AMENDMENT NO. 1 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
September 20, 1994 60
Water Main Replacement Project/IRC Bid No. 4007
L- 1
The Board reviewed a Memorandum of September 9, 1994:
DATE:
TO:
FROM:
PREPARED
AND STAFFED
BY:
SUBJECT:
BACKGROUND
SEPTEMBER 9, 1994
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
TERRANCE G. PINTO
DIRECTOR OF UTI SERVICES
TERRY H. DRUM 1W
ENVIRONMENTAL SPECIALIST
DEPARTMENT OF UTILITY SERVICES
WATER MAIN REPLACEMENT PROJECT
WHISPERING PALMS, DIXIE GARDENS, CARIBBEAN S/D
AND 10TH AVENUE, 9TH PLACE, 9TH STREET, STH PLACE,
AND 7TH AVENUE
INDIAN RIVER COUNTY BID NO. 4007
INDIAN. RIVER COUNTY.; PROJECT NO.. UW-94-19-DS�- _
WORK _AUTkORIZATION.. 'Nd.: •2
On September 21, 1993, the Board of County Commissioners approved
the award of the labor contract bid to Driveways, Inc., Bid No.
4007. (See attached minutes.) The Department of Utility Services
proposed to use this labor contract to replace the distribution
system within the subject area. This is in response to the
continuing problems of rusting and low pressure with the existing
galvanized water lines.
Surveying has been completed. The above subject is designed for
construction. This project is comprised of the replacement of
existing 2 -inch and 4 -inch galvanized water mains with approximately
1,100 linear feet of 4 -inch PVC water main and 9,392 linear feet of
2 -inch PVC water main.
ANALYSIS
The cost of the labor to construct the 4 -inch and -2 -inch PVC water
mains under the labor contract is $113,611.20 (see attached Work
Authorization No. 25 with Driveways, Inc.). The pipe, valves, and
fittings will be supplied by the County at a cost of $48,003.45.
In-house engineering, inspection, and administrative costs are
estimated to be $24,100.00.
The construction of these replacement water lines is a part of a
continuing effort by the Department to replace galvanized water
lines in Indian River County. Funding for this project will be from
renewal and replacement funds.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners execute the subject agreement, which
approves Work Authorization No. 25 to construct.the water line
replacement project with Driveways, Inc.,
unt
$113,611.20 to replace an estimated total-. of 10�492tlinearhe ofeet oof
f
water main and authorizes expenditure o£. $72,103.45 for materials
�"and, Ir-i-hou$e ; support`, £off aF-t4tab--�aroleet�••pst• •.o•�• :.$38,5, 714.65...1 .. .
September 20, 1994
61
BOOK 93 FA.GE •��
_I
BOOK 93 PnE 353
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
the Agreement with Driveways, Inc. which approves
Work Authorization No. 25 as set out in staff's
memorandum.
AGREEMENT
CLERK TO THE BOARD
ON FILE IN THE OFFICE OF THE
Telemetry System Upgrade for Water Plants and Distribution System
The Board reviewed a Memorandum of August 18, 1994:
DATE: AUGUST 18, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PIN
DIRECTOR OF UTI RVICES
PREPARED WILLIAM F. McCAIN
AND STAFFED CAPITAL PROJECTS EEER
BY: DEPARTMENT OF UTILI SERVICES
SUBJECT: TELEMETRY SYSTEM UPGRADE FOR WATER PLANTS AND
DISTRIBUTION SYSTEM
INDIAN RIVER COUNTY PROJECT NO. UW -94 -15 -WC
BACKGROUND
"Tlirougtiohtt" �CoUcty.•'s • • water •system;- "dedicated- . teleplione• lines
have been traditionally utilized for data transmission (i.e.,
equipment status and control). For example,. elevated water storage
tanks are monitored by the water plants to initialize the on/off of
high service pumps. This, however, is a more minor role when
compared to the ability to operate the north county pumping station
in a totally remote fashion via the data lines to the South County
plant. As the County's facilities expand and the number of
dedicated data lines increase, the cost of data transmission
escalates. Currently, the yearly cost associated with dedicated
phone service is $7,000.00±. With this in mind, we wish to proceed
with the conversion of all data dedicated phone lines to a radio
telemetry system.
On June 22, 1993, the Indian River County Board of County
Commissioners approved the firm of Camp'Dresser and McKee as our
water plant continuing services engineering firm (see attached
agenda item and minutes). We have negotiated a not -to -exceed
contract with CDM for engineering services on this project (see the
attached proposed Work Authorization).
ANALYSIS
The preliminary estimated costs associated with this project are as
follows:
Engineering $14,620.00
Construction 70,000.00±
Total Project Cost $84,620.00±
September 20, 1994 62
V
The cost originally budgeted for this project was $120,000.00.
Barring -any unforeseen changes as the project progresses, we should
be well within the budgeted $120,000.00 figure. The payback period
at the projected cost of $84,620.00± is approximately 12 years.
Funding for this project will be from renewal and replacement
work in progress number 471-000-169-235.00. -
RECOMMENDATION;,
The staff of the Department of Utility Services recommends that the
Indian River County Board of_ County Commissioners -approve the :
a'tta-dhe .yprk. Authorization with ;•CDM : as ,:presented.... `
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the Work Authorization with CDM for Telemetry System
Upgrade for Water Plants and Distribution System, as
recommended by staff.
WORK AUTHORIZATION IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
GREENWAYS TASK FORCE MEETING
Chairman Tippin announced that Florida Greenways Task Force
Meeting will be held on October 3, 1994 in Palm Beach and any
interested Commissioners should attend.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously authorized
any interested Commissioner, as well as Community
Development Director Robert M. Keating, or his
designee, to attend the October 3, 1994 meeting of
the Florida Greenways Task Force. .
HOMEOWNERS ASSOCIATION PUBLIC FORUMS
Chairman Tippin announced that Senator Myers asked the Board
to make people aware of the public hearings.
The Board reviewed the following memorandum dated September 5,
1994:
September 20, 1994 63
Boor, 93 MME 354
A
BOOK 93 PAE 355
TO: All Members
Florida Senate & Florida House of Representatives
FROM: Cheryl Kent, Legislative Affairs Dire�11,4. 1�
r
DATE: September 5, 1994
RE: Public Hbarings: HomeUwrers' Associations
The 1994 Florida Legislature, in Chapter 94.:5C. L::ws of Florida, directed the Division
of Florida Lancs Sales, Condominiums, and Mobile Homes to conductsstudy f thLl
edaw
governing mandatory homeowners' associaVons and residential subdivi.! ,v and 6port to
the President of the Senate and Speaker of the douse by January 1.5, 1995.
The following hearings have been scheduled to receive piiblic input:
Tuesday, September 27th
9 a.m. - 1 PxA.
OCALA
r
i
Wednesday, September 28th
2 p.m. - b p.m.
LAKE WORTH
Thursday, September 29th
2 p.m. - b p.m.
FORT MYERS
Central Florida Community College
Fine Arts Auditorium, Building 4
3001 SW College Road
Palm Beach Community College ;
Central Campus, Watson B. Duncan Theater
4'- 00 Congress Avenue _
Board of County Commission Chambers
2nd Floor, Old Courthouse
2120 21&in Street
OPPOSITION TO CASINO GAMBLING IN FLORIDA
The Board reviewed the following:
FDLE opposes casinos. . . . The Florida Department of Law Enforcement (FDLE) has published "The
Question of Casinos in Florida - Increased Crime: 1s It Worth the Gamble?" This report studies the impact
casinos have had on crime in other states. As a result of this study, the FDLE has taken a position to oppose
any form of legalized casino gambling in Florida. For a copy of this free report contact the FDLE at 904/488-
8771. Counties that have taken a stand either for or against casinos are asked to contact FAC before Oct. 1.
The FAC Board of Directors may consider taking a position on this -issue in early October. (Grace) /
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board -unanimously agreed to
support the Florida Department of Law Enforcement's
opposition of casinos, and authorized a letter of
support over the Chairman's signature. _
September 20, 1994 64
R.
STATE DECISION IN FAVOR OF DOWNDRIFT COALITION AGAINST
SEBASTIAN INLET DISTRICT
.Commissioner Adams gave a brief report on the State's decision
in favor of the Downdrift Coalition's position against the
Sebastian Inlet.
EMERGENCY SERVICES DISTRICT
The Chairman announbed that immediately upon adjournment, the
Board would convene as the Board of Commissioners of the Emergency
Services District. Those Minutes are being prepared separately.
SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of
the Emergency Services District meeting, the Board would convene as
the Board of Commissioners of the Solid Waste Disposal District.
Those Minutes are being prepared separately.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:55 a.m.
10 ,W. Tippin, firman
Minutes Approved:
September 20, 1994 65
BOOK 93 mu 356