HomeMy WebLinkAbout10/11/1994� MINUTES TACHED r
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, OCTOBER 11, 1994
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
John W. Tippin, Chairman (Dist. 4)
Kenneth R . Macht, Vice Chairman ( Dist. 3 )
Fran B. Adams (Dist. 1)
Richard N. Bird (Dist. 5)
Carolyn K. Eggert ( Dist. 2 )
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
9:00 A. M. I. CALL TO ORDER PAGE
2. INVOCATION - None
3. PLEDGE OF ALLEGIANCE - Comm. Richard N. Bird
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
7.G PERC Seminar in Tampa
13.A. Proposed letter to Dannie Decker
re animal control matter
13.C.2. Comments re Piper
5. PROCLAMATION AND PRESENTATIONS
Proclamation Designating October & November, 1994 as
Deborah Heart and Lung Center .Months in I.R.C.
6. APPROVAL OF MINUTES
A. Special Meeting of August 15, 1994
B. Special Meeting of August 31, 1994
7. CONSENT AGENDA
A. Board of Zoning Adjustment - Resume from
Samuel A. Culbertson
( letter dated September 26, 1994 )
B. Award Bid #5012 / Aerial Work Platform
( memorandum dated October 3, 1994 )
C. Award Bid #5018 / Sludge Removal
(memorandum dated September 29, 1994)
D. Cancellation of Outstanding Taxes
Properties Purchased for County Use
( memorandum dated September 29, 1994 )
E. Occupational License Taxes Collected During
Month of September, 1994
( memorandum dated October 5, 1994 )
7. CONSENT AGENDA (cont'd) : PAGE
F. Approval of Renewal of Certificate of Public
Convenience and Necessary for Indian River
County Emergency Medical Services Division
( memorandum dated October 5, 1994 )
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a. m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
None
B. PUBLIC HEARINGS
1. Sandpointe West Development L. C.'s Request
for Plat Vacation for a Portion of Sand -
pointe West Subdivision
- ( memorandum dated September 29, 1994--)-
2.
994)_
2. Grand Harbor's Request to Amend a Portion
of the Grand Harbor Conceptual Planned
Development Plan and to Receive Special
Exception Approval for an Adult Congregate
Care Living Facility (ACLF) and Residential
Development with a 9 Hole Golf Course to
Be Known as Oak Harbor
( memorandum dated September 28, 1994 )
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
1. Indian River County Courthouse Project
(memorandum dated October 3, 1994)
2. Old County Courthouse
( memorandum dated October 3, 1994 )
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
W W
11. DEPARTMENTAL MATTERS (cont'd. ):
G. PUBLIC WORKS
1. Amendment No. 4 - Professional Engineering
Services SR AIA at CR510 Intersection
Improvements 6 Kings Hwy: Corridor Study
( memorandum dated October 4, 1994 )
2. Round Island Park Landscaping
(memorandum dated October 4, 1994)
H. UTILITIES
1. Amendment to the County's Existing Grease
Trap Ordinance
( memorandum dated September 19, 1994 )
2. Lakewood Village Mobile Home Park
( memorandum dated September 23, 1994 )
3. North Beach Regional Wastewater Repump
Station and Transmission System
(memorandum dated September 16, 1994)
4. Stonebridge S/D Developer's Agreement
( memorandum dated September 21, 1994 )
5. St. Rd. 60 Commercial Node - Change Order
#2 and Final Pay Request
( memorandum dated September 26, 1994 )
6. South U.S. 1 Water Main, Survey Contract
Amendment #1
(memorandum dated September 28, 1994)
7. No. County R.O. Plant Phase 11 - Brine
Disposal Line Survey Services
( memorandum dated October 3, 1994 )
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN JOHN W. TIPPIN
B. VICE CHAIRMAN KENNETH R. MRCHT
C. COMMISSIONER FRAN B. ADAMS
Consideration of Scheduling Public Discussion
Agenda Items After Public Hearings
D. COMMISSIONER RICHARD N. BIRD
PAGE
13. COMMISSIONERS ITEMS (cwWd. ): PAGE
E. COMMISSIONER CAROLYN K. EGGERT
Foreign Trade Zones
( backup provided separately)
F. OTHER COMMISSION MATTERS:
Payment of Membership Dues for NACo and Florida
Shore & Beach Preservation Association
( memorandum dated September 28, 1994 )
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
None
15. ADJOURNMENT
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE
MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING
MAY CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA)
COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF
MEETING. _
Tuesday, October 11, 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, October 11,
1994, at 9:0-0 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 Patricia
Ridgely, Deputy Clerk.
The Chairman called the meeting to order, and Commissioner
Bird led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA MI ERGENCY ITEMS
County Attorney Vitunac requested the addition of his -request -
to attend a PERC seminar in Tampa. (7.G.)
Chairman Tippin requested the addition of a proposed letter to
Dannie Decker concerning an animal control matter. (13.A.)
Commissioner Adams requested time concerning Piper. (13.C.2.)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously
added the above items to the Agenda.
PROCLAMATION
The Chairman read aloud the following proclamation and
presented it to Ruth Comly, representing Deborah Heart and Lung
Center:
1
October 11, 1994 BOOK W PAGE 467
aOUKc) PAGE®
PROCLAMATION
DESIGNATING OCTOBER AND NOVEMBER, 1994
AS DEBORAH HEART AND LUNG CENTER MNTHS IN
INDIAN RIVER COUNTY, FLORIDA
WHEREAS, Deborah Heart and Lung Center was founded in 1922
in Browns Mills, New Jersey, and 1994 marks the 72nd anniversary
for the -Center; and
WHEREAS, the Center is a hospital which treats persons from
all sections of the world suffering from tuberculosis, diseases
of the chest and heart, and other related diseases; and
WHEREAS, campaigns are being conducted to inform the public
about the facilities as well as the treatments which are
available; and
WHEREAS, 'the hospital maintains a continuous ongoing
research program in addition to a teaching program for doctors
and nurses in conjunction with Temple University; and
WHEREAS, international seminars and symposia to introduce
the newest medical techniques are sponsored at the Center; and
WHEREAS., Chapters of interested residents have been
organized in many states for the purpose of bringing to the
public the information concerning the hospital as well as the
availability of these programs without regard to race, color,
creed, or ability to pay; and
WHEREAS, nearly 50 Chapters have been organized in Florida
with a membership of approximately 18,000:
NOW, THEREFORE, BE IT PROCLAIr10 BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, in conjunction
with Deborah's Fall special events, that the months of October
and November, -:1994 be designated as
DEBORAH HEART AND LUNG CENTER MNTHS
in Indian River County, and the Board urges all residents to gain
information concerning this medical facility.
Adopted this 11 day of October, 1994.
October 11, 1994
BOARD OF COUNTY COPMSSIONERS
INDIAN RIVER COUNTY, FLORIDA
(John W. Tippi#,' Chairman
W W weayn IKGJu1101 WW
The Chairman asked if there were any additions or corrections
to the Minutes of the Special Meeting of August 15, 1994. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board approved the
Minutes of the Special Meeting of August 15,
1994, as written.
The Chairman asked if there were any additions or corrections
to the Minutes of the Special Meeting of August 31, 1994. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved the
Minutes of the Special Meeting of August 31,
1994, as written.
CONSENT AGENDA
A. Board of Zoning Adjustment - Samuel A. Culbertson Appointed
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
appointed Samuel A. Culbertson to the Board of
Zoning Adjustment.
3
October 11, 1994
1 93 PA 46
(71 F � K.
8OOK
B. Award Bid #5012 / Aerial Work Platform
The Board reviewed the following memo dated October 3, 1994:
DATE: October 3, 1994
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Direct
General Services qr#
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #5012/Aerial Work Platform
Buildings and Grounds
BACKGROUND INFORMATION:
Bid Opening Date:
Advertising Dates:
_ Specifications Mailed to:
Replies:
VENDOR
American Hi -Lift
Orlando, FL
T. Clark & Associates
Sebastian, F1
TOTAL AMOUNT OF BID
September 21, 1994
Aug 31, Sept 7, 1994
Thirty (30) Vendors
Two (2) Vendors
BASE BID
$4,931.00
$7,267.00
$4,931.00
SOURCE OF FUNDS New Courthouse Account -
315-909-516-066.53
O1�Il�lE2MATIO
Staff recommends that the bid be awarded to American
Hi -Lift as the lowest, most responsive and responsible
bidder meeting specifications as set forth in the
Invitation to Bid.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
awarded Bid #5012 to American Hi -Lift, in the
amount of $4,931.00, for an aerial work
platform, as set out in staff's memorandum.
4
October 11, 1994
C. Award Bid #5018 / Sludge Removal
The Board reviewed the following memo dated September 29,
1994:
DATE: September 29, 1994
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Admin strator
H.T. "Sonny" Dean, Director
Department of General Servi es
FROM: Fran Boynton Powell, Purchasing Manage
SUBJ: Award Bid #5018/Sludge Removal
Annual Contract/Utilities Department
BACKGROUND INFORMATION:
Bid Opening Date:
Advertising Dates:
Specifications Mailed to:
Replies:
September 21, 1994
August 31, Sept 7, 1994
Six (6) Vendors
Three (3) Vendors
VENDOR BID TABULATION
Florida Sludge SEE ATTACHED TAB
Vero Beach, FL SHEET
Frenz Enterprises
Sanford, F1
Wheelabrator Clean Water
Pelham, FL
RECOMMENDATION
Staff recommends the following:
1. Award the bid to Florida Sludge. Inc as the lowest,
most responsible and responsive bidder meeting
specifications as set forth in the Invitation to Bid.
2. Establish an Open End Contract with Florida Sluc a Inc
with a not to exceed amount of $50,000.00 dur ng the
period October 1, 1994 through September 30, 1995. Last
years expenditures were $35,000.00.
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.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
awarded Bid 05018 to Florida Sludge, Inc., and
established an Open End Contract in an amount
not -to -exceed $50,000.00, with conditions as
set forth in staff's recommendation.
5
October 11, 1994 MOK
3 PAGE 471
BOOK 93 PAGE 72
D. Outstanding Taxes Cancelled on Properties Purchased for County Use
The Board reviewed the following memo dated September 29,
1994:
TO: BOARD OF CO CO1rIIrII33IONERS
A2,1- Q ��
FROM: Lea R. Keller, CIA, County Attorney's Office
THRU: Charles P. vitunac, County Attorney
DATE: September 29, 1994
RE: CANCELLATION OF OUTSTANDING TABES
PROPERTIES PURCHASED FOR COUNTY USE
The County recently acquired some right-of-way, and, pursuant to Section
196.28, Florida Statutes, the Board of County Commissioners is allowed
to cancel and discharge any taxes owed on the portion of the property
acquired for public purposes. Such cancellation must be done by
resolution of the Board with a certified copy being forwarded to the Tax
Collector and the Property Appraiser.
REQUESTED ACTION: Board authorize the Chairman to sign the
attached resolutions cancelling taxes upon lands the County recently
acquired.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
adopted Resolution 94-128 cancelling taxes
owed on Parcel #25-33-39-00001-0001-00001.0,
as set out in staff's memorandum.
Ret R/ 17e-1711 d5a Li, 8W 9/2B/94 (raao\tsxae) VX. 140
Parcel #25-33-39-00001-0001-00001.0
E. M. Netto
RESOLUTION NO. 94-12&_
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TAXES UPON -
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
6
October 11, 1994
® M
M
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands. and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of ,the county and. of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196:28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. Any and all liens for taxes, delinquent or current, against the property
described in O.R. Book 1033, Page 2205, which was recently acquired by
Indian River County for right of way purposes on S.W. 9th Court, are
hereby cancelled, pursuant to the authority of section 196.28, F.S.
2. The Clerk to the Board of County Commissioners is hereby directed to
send a certified copy of this Resolution to the Tax Collector and the
Property Appraiser.
The resolution was moved for adoption by Commissioner Eggert , and
the motion was seconded by Commissioner Adams , and, upon being put to a
vote, the vote was as follows: _
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Richard Nd,, Bird Aye
Commissioner Carolyn k. Eggert Aye
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 11 day of October , 1994.
Attest:
clerkBARTON
�tichment:
�`�E RCUIT COURT: Deed
7
October 11, 1994
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By py'Al,
Choi a.
mdi�n River Cn
Approved Date
Admin.
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Risk Mgr.
BOOK 93 PACE 473
BOOK 93 PAGE 474
E. Occupational License Taxes Collected During Month of September 1994
The Board reviewed the following memo dated October 5, 1994:
TO: Board of County Commission
FROM: Karl Zimmermann, Tax Colle
SUBJECT: Occupational Licenses
DATE: October 5, 1994
Pursuant to Indian River County Ordinance No. 86-59, please be
informed that $73,587.70 was collected in occupational license
taxes during the month of September, representing the issuance of
2,980 licenses.
September 30th completed the annual renewal of occupational
licenses. , _ As of todays date we have 1, 932 licenses - that - have not
been -renewed. We also began our annual field audit on October 4th
and will report the results when completed.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
accepted the report.
8
October 11, 1994
F. Approval of Renewal of Certificate of Public Convenience and NecessitX
for Indian River County Emergency Medical Services Division
The Board reviewed the following memo dated October 5, 1994:
TO: Board of Co�nty ommissioners
FROM: Doug Wright," irector
Department of Emergency Services
DATE: October 5, 1994
SUBJECT: Approval of Renewal of Certificate of Public Convenience
and Necessity for Indian River County Emergency Medical
Services Division
It is respectfully requested the information contained herein be
given formal -consideration by the Board of County Commissioners at
the next scheduled meeting.
DESCRIPTION AND CONDITIONS
On October 27, 1992, the Indian River County Board of County
Commissioners approved an EMS Certificate of Public Convenience for
IRCEMS. The certificate was necessary in order to comply with
rules from the Florida Department of Health and Rehabilitative
Services for IRCEMS to provide EMS service in Indian River County.
The certificate was issued for a period of two years pursuant to
the Indian River County Code of Laws and Ordinances, specifically
Chapter 6.50. The certificate will expire on October 27, 1994 and
the renewal process should be accomplished prior to that date.
ALTERNATIVES AND ANALYSIS
The Indian River County Code provides
EMS Certificate of Public Convenience
by the certificate holder. This can
public hearing if the Board has no
public health, safety, and welfare re
there is no reason to hold a publ
requirement, requests the Board to iss
routinely.
for routine renewal of .the
and Necessity on application
be accomplished without a
reason to believe that the
req
uire it. Staff submits that
s hearing and absent that
ue and renew the certificate
An application has been completed requesting renewal of the
certificate. The EMS Director and Medical Director have reviewed
the application and EMS protocol with the EMS staff and certifies
no reasons are known or perceived that would require a public
hearing pursuant to the established ordinance.
RECOMMENDATION
Staff respectfully recommends that the Board of County
Commissioners approve and renew the EMS Certificate of Public
Convenience and Necessity for the Emergency Medical Services
Division to be effective for a period of two years.
October 11, 1994 WF 93 PAGE4 76
BOOK.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
approved renewal of the Emergency Medical
Services Certificate of Public Convenience and
Necessity for the Emergency Medical Services
Division for a two year period, as set out in
staff's memorandum.
ORIGINAL CERTIFICATE ON FILE
IN THE EMERGENCY SERVICES DEPARTMENT
G. Out -of -County Travel for County Attorney
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
approved out -of -county travel for the County
Attorney to attend the 20th Annual Public
Employment Labor Relations Forum in Tampa,
October 13-14, 1994.
93 FA E476
PUBLIC HEARING - REQUEST FOR PLAT VACATION FOR A
PORTION OF SANDPOINTE WEST SUBDIVISION
The hour of 9:05 a.m. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
VERO BEACH PRESS -JOURNAL
Published Daily
- Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER; STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who an oath
Says that he is easiness Manager of the Veto Beach Press,loumal, a daily newspaper published
at Vero Beach in Indian River County. Flonds; that the attached copy of advertisement, being
a
in the Court. was Pub. Pub.
listed in said newspaper in the issues of
Affiant wither says that the said Vero'Beach Presa,laamsl is a newspaper published at
Vero Beach, in Said Indian River County, Florida, and that the said newspaper has heretofore
continuously ntinuously published in said Indian River County, Florida each daily and has been
entefed as second cess mail materat the pont Office in Vero Beach, in sald Indian Rhrer Coun.
ty, Florida, for a period of one year text preceding the first publication of the attached Copy of
advertisement: and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate. Commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
kk#.M subscribed before me this_ .ai�? .19
BAR C. c. srRnaup nornar w,9UG. ti 1
Ieasitiasa" eq
..: ShiO.oi Flare.Ih Gamr®w.km Jw1. Z9. 1997
$u tSeAll ti•:
reormyllaRaaRAcsaaAein=-
10
October 11, 1994
Notice Oi• hearingtot>DfLSIdBr I m
�118Cdte a Portion of Safbpoitte Wast a9 o i Pia!
Book 13, Pape 31, 31A of the pubic renods of 17•
: i dare fliVer Cg{Iny. Florida . ss ;
;���, The twbJel:t b destabed 4x :rt wy+"�
pAqlag�t eniitl¢dSmtl�auttelAlest to PIffi : J
aj,:,r.Ck 13 Pages 31, 31A d the Ptlblc -
Records ,Pages
ndmt Rtrer Canty. That per,
Son tlesattled klle�l-1� ti
and the �t�14. :'
The Bond of Cammbdmma we oorndltat
_ a publo hemi g �hh plat vacation re w L
Parties In and
deal Imre mNi opporhrdty m be heed will i
be held by said 8.:d o! Cawtty conmis aaae in
the Coady Commission Clambers of the County
tbtratiar
Adnlocated at IM, .26
Seed. Vero Beech. cit ' ,uasday,.Y
,11..1894 attt 0 win. •' "` a
All m who nay ttfiah to Wpeal any ded4at which
may be Mede at Cis meeting WA need to MUM
tier a Ifelbatiln ram of tih8 I"
wlddn inckides 1i1B ie bnmly and evidence Mon
whim WIiO �S A SPECIAL ACC' • ' ODA- j
TION FOR THIS MEEIM KW CONT-, THE
CO NITrS AMERICANS WRH D ITI£: ACT
COORDIJATOFI AT 5874000 X 223 AT
48 HOURS IN ADVANCE Ird mt Fitter Canty OF MEETBIO
Board ol
. Cp,hm, rntasidnma
Sept. 4W. _OV*_e,,_'-,;._ .. _ . J-
a3�2,759.
Planning Director Stan Boling commented from the following
memo dated September 29, 1994:
TO: James E. Chandler
County Administrator
DIV ION HEAD CONCURRENCE:
A/0.
obert M. R a i , AI
Community D4e((v��elo men irector
THROUGH: Stan Boling, AICP
Planning Director
FROM: John W. McCoy, AICP ,,� M
Senior Planner, Current Development
DATE: September 29, 1994
SUBJECT: Sandpointe West Development L.C.'s Request for Plat
Vacation for a Portion of Sandpointe West Subdivision
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of October 11, 1994.
DESCRIPTION AND CONDITIONS:
Sandpointe West Development L.C. is requesting that the Board of
County Commissioners vacate a portion of the Sandpointe West
subdivision as recorded in plat book 13, pages 31 and 31A of the
Public Records of Indian River County, Florida. The portion of the
plat to be vacated includes Lots 1-12 and the east } of Lot 13 (see
attachment 3), all of which are owned by Sandpointe West
Development L.C. It should be noted that no rights-of-way will -be
vacated with this plat vacation. Thus, only the actual lots will
be vacated, and returned to unplatted acreage. The subject
property is located on the south side of Sandpointe West Lane, and
north of and adjacent to the St. Edward's Upper School campus.
The portion of the plat to be vacated does not affect public or
private facilities, or access rights other than those associated
with the lots being vacated. The applicant has tentatively agreed
to a land swap with St. Edward's Upper School, whereby the portion
of land to be vacated would be transferred to St. Edward's Upper
School and a portion of the St. Edward's river frontage would be
transferred to the developer for future subdivision development as
an addition to Sandpointe West. It should be noted that the
developer has already obtained preliminary plat approval for this
subdivision addition. The remaining } lot, which will not be part
of the plat vacation, will be retained by the developer as an
"unbuildable" tract that will later be replatted as a right-of-way
to access the proposed addition to Sandpointe West. The land swap
arrangement was described and reported on during the special
exception use hearings conducted April 26, 1994 for expansion of
the St. Edward's facility onto the subject property. According to
the applicant, the plat vacation will make the land swap a
"cleaner" transaction. In addition, the plat vacation is a
requirement of the preliminary plat approval for the addition to
Sandpointe West.
11
October 11, 1994
mor 93 PnE 477
BOOK 93 PAGE 4`1
ANALYSIS:
According to Chapter 177.101 of the Florida Statutes, the Board of
County Commissioners has the authority to vacate plats in whole or
in part, returning all or portions of the property to acreage. The
vacation is accomplished by resolution of the Board. Before the
resolution can be approved by the County Commission, the following
must occur:
1. It must be shown that the persons making application for the
vacation own fee simple title to the property covered by the
plat sought to be vacated.
2. It must be shown that the vacation will not affect the
ownership or the right of convenient access of persons owning
other parts of the subdivision.
3. Notice of the intention of the County Commission to vacate the
plat must be published in a newspaper of general circulation
in the county in not less than two weekly issues of the paper.
4. The proof of publication of the petition for vacation must be
attached to the petition.
5. Certificates showing that all state and county taxes have been
paid must be provided.
The proposed plat vacation does contain a 5' and 10' drainage and
utility easement running along the northern boundary of the
proposed vacation, along the front property line of lots 1-13.
Utilities are presently located within these easements and these
easements will not be vacated or released by approval of this plat
vacation request. To ensure that these easements remain in place,
the proposed resolution (see attachment #6) specifically excludes
these easements from the vacation.
The applicant has submitted all of the above referenced information
which has been reviewed and approved by county staff , including the
County Attorney's Office. Furthermore, all state requirements
concerning plat vacation have been met. Therefore, county staff
has no objections to the requested vacation.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners adopt the
attached resolution vacating all of lots 1-12 and the east I of lot
13 of Sandpointe West Subdivision as recorded in plat book 13,
pages 31 and 31A of the Public Records of Indian River County,
Florida, said land now lying and being in Indian River County,
Florida.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
public hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
approved Resolution 94-129 vacating, in part,
the plat of Sandpointe West Subdivision.
12
October 11, 1994
RESOLUTION NO. 94-1�2
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, VACATING, IN PART, THE PLAT
OF SANDPOINTE WEST SUBDIVISION, AS RECORDED IN PLAT BOOR
13, PAGES 31 AND 31A, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA.
WHEREAS, the plat of Sandpointe West has been filed in Plat
Book 13, Page 31 and 31A, Public Records of Indian River County,
Florida; and
WHEREAS, Sandpointe West Development, L.C., the fee simple
owner of a portion of the Sandpointe West subdivision has applied
for vacation of a portion of said plat, returning that portion to
acreage; and
WHEREAS, the portion of the plat to be vacated consists of all
of Lots 1-12 Sandpointe West and the east } of Lot 13 as recorded
in Plat Book 13, Pages 31 and 31A, Public Records of Indian River
County, Florida; and
WHEREAS, it has been shown that the vacation will not affect
the ownership or right of convenient access of persons owning other
parts of the development; and
WHEREAS, notice of the intention to apply to the Board of
County Commissioners of Indian River to vacate a portion of _such
plat has been published as a legal notice in a newspaper of general
circulation in Indian River County in not less than two weekly
issues of said paper; and
WHEREAS, proof of said publication of petition for vacation is
attached hereto; and
WHEREAS, certificates from the Tax Collector showing that all
state and county taxes have been paid on the property are attached
hereto,
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida, that:
1. All the above recitals are true and affirmed.
2. That portion of the plat of including all of Lots 1-12 and
the east } of Lot 13 which parcels are shown on Plat Book 13, Pages
31 and 31A, Public Records of Indian River County, Florida, said
13
October 11, 1994 Boor U FADE J�
POOK 93 PAGE 80
RESOLUTION NO. 94-1y,9
land now lying, in and situated in Indian River County, Florida, and
as depicted on the attached exhibit is hereby returned to acreage.
3. Reserving the 5' and the 10' wide utility and drainage
easements as depicted on the attached sketch, which easements shall
not be deemed vacated and shall be reserved unto Indian River
County for drainage and for the use of all legitimate utility
providers.
4. This vacation shall become effective upon filing of a
certified copy of this resolution in the Offices of the Clerk of
the•Circuit Clerk for recording in the Public Records of Indian
River -County:
The foregoing resolution was offered by Commissioner
Eaaert and seconded by Commissioner Bird
and being put to a vote, the vote was as follows:
Chairman John W. Tippin
Vice Chairman, Kenneth R. Macht
Commissioner Fran B. Adams
Commissioner Richard N. Bird
Commissioner Carolyn K. Eggert _Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 11 day of October , 1994.
ATTEST:
By:
Af�rey, K. )arton, Cler]
u\a\j\epcinte.rae
14
October 11, 1994
INDIAN RIVER COUNTY, FLORIDA .
BOA OF)COUNTY COMMISSIONERS
By L)
C airman, o . Tipp -h
Indira frim Cm Aa roved Date
AdmlrL 4,
Legal-]
7
Budget "
Depi.
Risk Mgr.
PUBLIC HEARING - GRAND HARBOR- - AMENDMENT TO
CONCEPTUAL PLANNED DEVELOPMENT PLAN AND APPROVAL
FOR AN ADULT CONGREGATE LIVING FACILITY (ACLF),
RESIDENTIAL DEVELOPMENT, AND 9 -HOLE GOLF COURSE
The hour of 9:05 a.m. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J +mann, Jr: who on oath
says that he Is Business Manager of the Vero Beach Press -Journal, ly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
lished in said newspaper in the
7 /
in the matter of
In the Court, was pub -
issues of
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
advertisement for publication In the said newspaper.
Sworn rP and subscribed before me this dax
,y0k1 C, St/'s°.�,
++�QTq9+'. rte BARBditA C. SPRAGUt. NOTAny PURLIBusiness Mang)
+ My r G'; State of Florida. My Commnsan Lxp. Juno 29. 1997
l: °a GRAND HARBOR o
i
FON • i:fSuWect :
fSite
NOTICE OF AMUC NEARNG
Notice of hearing to conak r to granting of spe-
cial exception use approval for a Planned
Irdan River
_-ft to be
gip an the CongregateAdutt p oLiving f the
Grand
at Badevard�. 'fie sub�t�properly is presently owned
ections 23 &
2m4apOak
Toow Harbor.2�� Ran 39located . Se shove
A • Ffor the �ieark�ig at which parties M Interest and
heard, wM
be held y the � o County Cas s of
6hdarh River County, Florida, In to County Carmns-
Sian Chambers of the County Admhdatratbn Build -
Ing, located at 11140 25th Street, Vero Beach, Flor _
1e on Tuesday, October 11, 1994 at 9:05 a.m. ,
I Anyone who may wish to eepp erry mon .
which may 6e made 9< fids nheedng�w0 reed to en-
sure that a verbatim record of the proceedings Is
nede, which Inds testtlno y and evidence upon .
which tles based.
ANYONE NEEDS A SPECIAL ACCOMMODA-
TION FOR THS MEETING MUST CONTACT THE
COUNTY'S AMERICANS WITH 'DISABILITIES ACT
(ADA) COORDINATOR AT 597-9000 X223 AT'
LEAST 48 HOURS IN ADVANCE OF THE MEET-
ING
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIbNERS
BY-sJohn W. Tippn, Ctehrhnan
SepL 20,1994 1132759
rte 46
c�
p�• f}SEA`J' 19,97
:Awn
Maned%
907
`O��` Notary: BARBARA C. SPRAGUE
ryti�^f r�°°°
15
October 11, 1994 BOOK 93 PACE 481
aUOK PAGE 48
The following supplemental Courtesy Notice was also published:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority persa! .Oly appeared J. J. Schumann, Jr .vho on oath
says that he Is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at `Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the Court, was pub-
lished in said newspaper in the issues of d -Y/
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
adXoFtl t^i?4 publication in the said newspaper.
�Qrip911i d pTC d before me this v day j t 19
My Coln,,,
du . ExPIres .
ne 29 1997
No. CaMS72
•
y.L'GQP
... FLON\
4-- (Business
BARBAn . SPRAGUE=. NOTARY PURI -IC.
State of Florida, My Commission I xD June 29. 1997
Notary: BARBARA C. SPTIAGIlE
SUPPLEMENTAL COURTESY
NOTICE OF PUBLIC HEARINGgrtNotice of h" �p
special
exception app oval � a Pfetv�ed- of
DevefoCourse to be ulv ped on athe southern portion o1
the Grand Harbor protect at 46th Street arid Indian
Rhw Boulevard. The sub W properly Is presently
owned by oak Harbor Ltd and located In Sectlai
23 & 24, Township 32 and Range 39. See the
above map for the kxetlan.
Wft at
ddze helwhich In ve an interest and
opportunity to be herd, we
be held by the Board ofC loners of
in
Camrds-
slorh Riverun
of the Camty A Counatm Budd.
In located at 1840 26th Street, Vero Beach, F'lor.
Ida on Thy October 11, 1994 at 8:05 a m.
Anyme who may wish t0any decision
which may be ehade at five mse w@ need to m-
aUiS that a varbaft record of the proceedings Is
made, which Includes testimony and evklahoe anon
which the appeal Is based.
ANYONE WHO NEEDS A SPECIAL A000MMODA-
TION FOR THIS MEETING MUST CONTACT THE
COUNTY'S AMERICANS WITH DISABILITIES ACT
(ADA) COORDINATOR AT 667-8090 X223 AT
LEAST 48 HOURS IN ADVANCE OF THE
MEETING.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
BY-s,lohn W. Ttppin, Cheir nen
Sept. 30,* ISM = • 1136398
Planning Director Stan Boling commented from the following
memo dated September 28, 1994:
16
October 11, 1994
� � r
807
TO: James E. Chandler
County Administrator
DIYZSWN HEAD CONCURRE E:
Itabert ea i g, ICP
Community Development Di 7ctor
THROUGH: Stan Boling, AICP
Planning Director
FROM: John W. McCoy, AICP,1,A
Senior Planner, Current Development
DATE: September 28, 1994
SUBJECT: Grand Harbor's Request to Amend a Portion of the Grand
Harbor Conceptual Planned Development Plan and to Receive
Special Exception Approval for an Adult Congregate Care
Living Facility (ACLF) and Residential Development with
a 9 Hole Golf Course to be Known as Oak Harbor
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of October ll, 1994.
DESCRIPTIONS & CONDITIONS:
Masteller & Moler, Inc. has submitted an application -for -planned
development special exception use approval on behalf of Oak Harbor
Ltd. The applicant is requesting to. amend the existing Grand
Harbor conceptual PD plan, which currently shows the subject area
to be developed with standard multi -family units. The new proposal
includes an adult congregate living facility (ACLF) along with
single-family and multi -family units, and a 9 hole golf course and
clubhouse. In addition, the amended conceptual plan proposes a new
connection to Indian River Boulevard, and moves the project
connection to 45th Street further west. The subject parcel
consists of 116 acres located in the southwestern portion of the
Grand Harbor project (see attachment #2). The project will be
internally inter -connected with the rest of the Grand Harbor
project.
The applicant is requesting approval for a three phase project
which will include up to 500 residential units (includes 64 ACLF
units), a 9 hole golf course and clubhouse, and accessory
commercial uses. All of these uses are allowed within the
parameters of the DRI development order (D.O.) now in effect for
the overall Grand Harbor project. Conceptual PD plan
modifications, the golf course, and the ACLF aspects of the project
all require special exception use approval. The golf course will
be accessory to the residential portion of the planned development.
17
October 11, 1994 POOK W PAGE
d
noo 3 Ff�VL484
This project is a planned development (PD). The approval steps in
the PD process are as follows:
Approval Needed Reviewina Body
1. Conceptual Plan/Special Exception PZC a BCC
2. Preliminary PD Plan PZC
3. Land Development Permits Staff
4. Final PD Plan (plat) BCC
The applicant is requesting approval to modify the Grand Harbor
conceptual PD plan for the 116 acre Oak Harbor project area, and to
develop a golf course and ACLF. If the conceptual plan
modification is approved by the Board of County Commissioners, the
applicant will then need to obtain preliminary PD plan approval
from the Planning and Zoning Commission for any development
phase(s).
•Planning and Zoning Commission Action
At its regular meeting of September 22, 1994, the Planning and
Zoning Commission unanimously recommended that the Board of County
Commissioners approve the special exception use request for Oak
Harbor's conceptual PD plan, including the 64 ACLF units as a stand
alone facility available to the general public, subject to the
condition contained in staff's recommendation at the end of this
report.
•Board of County Commissioners Consideration
Pursuant to Section 971.05 of the LDRs, the Board of County
Commissioners is to consider the appropriateness of the requested
use based on the submitted site plan and suitability of the site
for that use. The Board may approve, approve with conditions or
deny the special exception use. The County may attach *any
conditions and safeguards necessary to mitigate impacts and to
ensure compatibility of the use with the surrounding area.
ANALYSIS:
1.
Size of PD Area:
Phase IC 56 acres
Phase II: 42 acres
Phase III: 18 acres
Total: 116 acres
2.
Zoning Classification: RM -61 Residential Multi -Family (up to
6 units per acre)
3.
Land Use Designation: M-1, Medium Density 1 (up to 8 units
per acre)
4.
Density:
Phase I:
280 units on 56 acres = 5.00 units/acre
Phase II:
144 units on 42 acres = 3.42 units/acre
Phase III:
76 units on 18 acres = 4.22 units/acre
Overall:
*500 units on 116 acres = 4.31 units/acre
*436 multi -family
and single-family units plus 64 ACLF units
Note: The 64 ACLF
units are stand alone units, and are to be
used primarily by residents but could be used to house members
18
October 11, 1994
of the general public. Also,
nursing care services can b
residents. The level of nursing
facility itself is limited by
procedures and regulations.
5. Open Space: Required: 408
Provided: 508
as an ACLF project, limited
e provided to all project
care allowed within the ACLF
the State's ACLF licensing
6. Traffic Circulation: The conceptual traffic circulation plan
provides for access to 45th Street and Indian River Boulevard.
The County Traffic Engineer and Public Works Director have
required that the entrance on 45th Street be the main
entrance, with the entrance on Indian River Boulevard limited
to right-in/right-out movements only. The conceptual traffic
circulation plan also makes provisions to continue the
internal loop road through the overall Grand Harbor project.
Separate, internal local streets will provide access to
individual project areas (pods) within Grand Harbor.
7. Stormwater Management: The conceptual stormwater plan has
been reviewed and approved by the Public Works Department.
The Public Works Department will perform a detailed drainage
review when the land development permit for this project area
is submitted. In accordance with PD requirements, project
construction cannot commence until the land development permit
is issued.
8. Utilities: The project will receive water and sewer service
from the County Department of Utility Services. These utility
provisions have been approved by the Environmental Health
Department and County Department of Utility Services.
9. Dedications & Improvements:
•Road Paving Requirements: The Oak Harbor project has
approximately 21270' of frontage on 45th Street, which is
considered a local road east of Indian River Boulevard.
Pursuant to section 952.09(5)(d)1, the applicant -is required
to pave 45th Street and provide a sidewalk from Indian River
Boulevard to the project entrance, which the applicant has
proposed to do.
Presently, the county's LDRs [952.09(5)(d)2] require
developers to escrow their fairshare of petition paving costs
for future paving of currently unpaved local roads that front
their project. It has been staff's policy to calculate the
escrow amount to be 37.58 of the cost of paving, since 37.58
is typically the amount charged to property owners in the
petition paving program (37.58 from each side of a road, 258
from the county). For weeks, planning, -public works, and
county attorney's office staff and the Oak Harbor applicant
have discussed the LDR road paving escrow and sidewalk
requirements as applied to the unpaved segment of 45th Street
located east of the project's proposed entrance road
connection to 45th Street. Based upon legal advice from the
county attorney, it is now planning staff's understanding that
the current LDR requirement and policy to escrow 37.58 for
future road paving, as applied to the Oak Harbor project, is
not legal based upon new caselaw. As a result, future
petition paving and paving assessment projects and proposals
will involve future residents rather than commitments from
developers. Lastly, staff anticipates that LDR changes will
be needed to bring current portions of Chapter 952 in line
with -current caselaw.
19
mor
October 11, 1994
Pursuant to current legal theory, planning, public works, and
county attorney's office staff have agreed that the future
paving of 45th Street (along with sidewalk improvements) east
of the project's 45th Street driveway will be accomplished
either by a paving assessment or by an owner/developer of
property east of Oak Harbor's entrance that needs to extend
the paved portion of 45th Street to his or her project
entrance.
•Right -of -Way: East of Indian River Boulevard, 45th Street is
considered a local road requiring 60' of right-of-way. The
applicant has documented to the engineering staff's
satisfaction that 80' of right-of-way exists for 45th Street.
Therefore, no additional right-of-way is needed for 45th
Street. Presently, there is 200' of right-of-way for Indian
River Boulevard; this is the total amount required.
Therefore, no additional right-of-way is needed for Indian
River Boulevard.
10. Concurrency: The developer will obtain a conditional
concurrency certificate prior to consideration of this
application by the Board of County Commissioners. Thus,
concurrency requirements will be satisfied.
11. Environmental: All of the environmental issues were addressed
with the initial Grand Harbor development approval.
12. Buffers:_ A 25' wide planned development setback is required
around the project perimeter. However, there are no buffer
improvements required within the setback area, and none are
provided. Staff notes that the proposed design will generally
use golf course areas around the project's southern and
western perimeters. Such open spaces will effectively provide
additional setbacks and "buffering".
13. Waivers: The applicant is retaining the same waivers as
approved with the original, overall Grand Harbor PD project.
These waivers allow small lot sizes and reduced building
setbacks within project areas.
14. Recreation Area: Pursuant to section 915.19, --there is a
requirement for planned developments over sixty units to
provide recreation area at az rate of 522.72 square feet per
dwelling unit. The Oak Harbor development will meet and
exceed'the recreation area requirement with a 9 hole golf
course, esturine boardwalk, bike path, foot trails, and other
amenities provided at the clubhouse.
15. Accessory Commercial:
Requested: 10,000 sq. ft.
Allowed: 10,000 sq. ft. (at project build -out with
500 units)
Pursuant to section 915.12, the applicant has requested the
ability to have up to 10,000 square feet of commercial uses
within the development. The uses allowed within the
development are those allowed in the CN (Neighborhood
Commercial) district. As per county planned development
criteria, commercial areas are restricted to 20 square feet
per dwelling unit, and no commercial area can commence
operation until a minimum of 100 certificates of occupancy
have been issued for the development. The commercial area is
to be contained within the clubhouse facility, which is
located more than 600' from any property perimeter.
- 20
October 11, 1994
M s M
Additionally, signs related to the commercial uses will either
be located at least 200' from property perimeters or will be
oriented so as to not be visible from off site.
16. Specific Land Use Criteria: The following specific land use
regulations apply to ACLFs:
(d) Criteria for group homes: Level I, II, III and
residential centers and adult congregate living facility.
Group homes shall be distinguished by their resident
capacity as follows:
1. Level I group home or ACLF, up to eight (8)
residents including caretaker(s) per shift);
2. Level II group home or ACLF, up to twelve (12)
residents including caretaker(s) per shift;
3. Level III group home or ACLF, up to twenty (20)
residents including caretaker(s) per shift; and
4. Residential centers or ACLF (not Level I, II, or
III), twenty-one (21) or more residents including
caretaker(s) per shift.
(e) Those group homes or ACLFs whose residents are service -
dependent persons requiring special protection or
custodial care in order to meet their emotional and/or
physical needs must meet all licensing requirements from
the Department of Health and Rehabilitative Services of
the State of Florida.
1. The use shall satisfy all applicable regulations of
the State of Florida and Indian River County as
currently exist;
2. The approving body shall determine that the
proposed use is compatible with the surrounding
neighborhood in terms of land use intensity. The
maximum allowable land use intensity shall be
computed as follows:
a. Regarding single family zoning districts:
(number of allowable dwelling units) X (2.5
residents per dwelling unit) X 1.5 = maximum number
of residents allowed
b. Regarding multi -family and commercial zoning
districts:
(number of allowable dwelling units) X (2 residents
per dwelling unit) X 1.5 = maximum number of
residents allowed.
In no case shall the maximum number of residents
allowed- on a project site exceed the average
maximum number of residents allowed (as calculated
by the above formula) on adjacent sites bordering
the project site. Averaging for adjacent sites
shall be based upon length of the common border
between the project site and the adjacent site.
3. To avoid unsafe or unhealthy conditions that may be
produced by the overcrowding of persons living in
these facilities, a minimum floor area per person
21
October 11, 1994 ncK 93 FLUE 8
BOOK. W PAGE 488
shall be required. Floor area requirements shall be
measured from interior walls of all rooms including
closet space.
a. Total interior living space. A minimum of two
hundred (200) square feet of interior living
space shall be provided per facility resident.
Interior living space shall include sleeping
space and all other interior space accessible
on a regular basis to all facility residents.
b. Minimum sleeping areas. A minimum of eighty
(80) square feet shall be provided in each
sleeping space for single occupancy. A minimum
Of sixty (60) square feet of sleeping space
shall be provided for each bed in a sleeping
space for multiple occupancy.
C. Bathroom facilities. A full bathroom with
toilet, sink and tub or shower shall be
provided for each five (5) residents.
4. To avoid an undue concentration of group care
facilities in one area, all such facilities shall
be located at least one thousand two hundred
(11200) feet apart, measured from property line to
property line.
5. If located in a single-family area, the home shall
have the appearance of a single-family home.
Structural alterations or designs shall be of such
a nature as to preserve the residential character
of the building.
6. If located in the AIR -1 zoning district, the site
shall have an L-1 land use designation.
7. The facility shall satisfy all applicable off-
street parking requirements of Chapter 954. The
facility shall meet or exceed all open space
- requirements for the respective zoning --district.
S. The maximum capacity of such facilities shall not
exceed the applicable number permitted by the
department of health and rehabilitative services.
9. Group home permits are transferable. If the type of
resident/client changes or the resident capacity
increases to such an extent that it would raise the
facility to a higher level group home as
distinguished by the definition, the facility must
be reevaluated for an administrative permit or
special exception approval.
The following special land use apply to golf courses:
(d) Criteria for golf courses and accessory facilities:
1. Golf courses and accessory facilities shall not be
interpreted to include freestanding commercial
miniature golf courses and/or driving ranges or
other unenclosed commercial amusements;
2. No major accessory use or principal building or
structure shall be located closer than one hundred
22
October 11, 1994
(100) feet to any lot line which abuts a
residentially designated property; however, the 100
one hundred (100) foot setback may be reduced to
normal zoning district setbacks if the use of the
abutting residentially designated property is non-
residential (e.g. institutional, recreation,
community services uses) and if a type "B" buffer
with 6' opaque feature is provided between the
building and structures and the abutting
residentially designated property.
3. Golf courses shall, to the most reasonable extent,
retain and preserve native vegetation over at least
thirty (30) per cent of the total upland area of
the course due to their characteristically high
water demand and heavy nutrient loads;
4. The golf courses shall be designed so that any
lighting is shielded and * directed away from
residential areas;
5. Type "B" screening shall be provided between golf
maintenance .facilities and adjacent residentially
designated property within two hundred (200) feet
of the golf maintenance facility.
All applicable specific land use criteria for ACLFs and for
golf courses are satisfied by the proposed conceptual PD plan.
17. Surrounding Land Use and Zoning:
North: Grand Harbor/RM-6
South: Groves, Wetlands/RS-6, RS -1
East: Grand Harbor/RM-6
West: Groves/RM-6
RECOMMENDATION:
Based on the above analysis, staff recommends that the Board of
County Commissioners grant Oak Harbor's conceptual PD plan
modification and special exception use requests, with the following
condition:
1. That prior to the issuance of a C.O. , the applicant shall pave
45th Street from Indian River Boulevard to the project's
entrance and provide a 4' wide sidewalk along 45th Street from
the project's 45th Street entrance driveway to Indian River
Boulevard. The applicant shall include the final design of
said improvements in the project's land development permit.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Attorney Bruce Barkett, representing the applicant, commended
staff for their cooperation and advised that he was available to
answer questions.
23
October 11, 1994 moo 93 F'ArE
1'0Oy W PAGE 496
It was determined that no one else wished to be heard and the
Chairman closed the public hearing.
MOTION WAS MADE by Commissioner Eggert,
SECONDED by Commissioner Adams to grant Oak
Harbor's conceptual Planned Development Plan
modification and Special Exception Use request
with the condition outlined in staff's
memorandum.
Under discussion, Commissioner Macht asked the extent of the
accessory commercial property.
Director Boling explained that they were allowed up to 10,000
square feet building and land area for accessory commercial, and
that figure was based on the number of units (20 square feet per
unit) occupied. The general public would not be attracted, because
of sign regulations, to the accessory commercial which was intended
for residents of the development.
Commissioner Eggert cited the memo as saying the commercial is
to be contained within the clubhouse facility, and Director Boling
clarified that the commercial use would be located on the same site
as the clubhouse, not necessarily the same building.
Steve Moler, with Masteller & Moler, Inc., explained that
neighborhood commercial will be developed in the same design
structure as the clubhouse facilities.
Commissioner Macht indicated the concern was due to their
recent unpleasant experience with a commercial enclave in a
predominantly residential neighborhood and wanted assurance that
the opportunity did not exist for future problems to arise in this
situation.
Director Boling responded that the opportunity for complaints
always exists, but this accessory commercial was in the plans from
the very beginning.
THE CHAIRMAN CALLED THE QUESTION. The motion
was voted on and carried unanimously.
24
October 11, 1994
INDIAN RIVER COUNTY COURTHOUSE PROTECT
General Services Director Sonny Dean reviewed the following
memo dated October 3, 1994:
DAT$I OCTOBER 3, 1994
TOS HONORABLE BOARD OF COUNTY COMMISSIONERS
THRUS JAMES E. CHANDLER
COUNTY ADMINISTRATOR
PROMS H.T. "SONNY" DEAN, DIRECTOR.fl
DEPARTMENT OF GENERAL SERVICES
SUBJECTS INDIAN RIVER COUNTY COURTHOUSE PROJECT
Our Indoor Air Quality consultants recommended that all books and
records now being housed in the old courthouse be properly treated
to destroy fungus and mold prior to moving them into the new
courthouse.
The Restoration Company is a nationwide company well known for
their work in preservation and cleaning of books and records. They
provided professional cleaning restoration services for records and
books damaged in the Courthouse fire. in 1993. Their performance
was outstanding and successful.
ANALYSIS:
Staff has been in contact with the company's representatives and
discussed the project. They were provided photographs,
descriptions and samples of the materials that will need to be
treated. This did not include books stored in the basement, as
they were not recommended to be moved into the new facility.
However, we now feel these books need to be treated no matter where
they are moved. It is estimated that the total cost will be
between $15,000.00 - $20,000.00. Funds will come from the
courthouse construction budget.
RECOMMENDATIONBS
Due to tha Love -in schedule, staff requests authority to enter into
an agreement with the Restoration Company to provide the services
described above at a cost not to exceed $20,000.00. It is also
requested that the Chairman be authorized to sign all applicable
documents:
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously
approved an agreement with M.F. Bank
Restoration Company for services as described
in the memorandum at a cost not to exceed
$20,000.
AGREEMENT IS ON FILE IN.THE
OFFICE OF THE CLERK TO THE BOARD
25
October 11, 1994 [10R.� P . U
�UUK �� PACE
OLD COUNTY COURTHOUSE
General Services Director Sonny Dean reviewed the following
memorandum dated October 3, 1994:
DATE: OCTOBER 3, 1994
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
TBRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTO
DEPARTMENT OF GENERAL SERVICE
SUBJECT: OLD COUNTY COURTHOUSE
BACKGROUND:
Since 1989, staff has attempted to find a suitable solution for
disposition of the old courthouse. The American Sportscaster's
Association, Inc. showed interest in using the facility for a
museum but after several contacts - they have not responded to a
proposal offered by the County.
The Vero Beach Ballet met with this writer and indicated they were
interested in using the facility. It was requested that they
submit a written request but they have not responded.
The Federal General Services Administration was contacted in an
effort to offer the building as a Federal Courthouse but they
declined because location of the building had to be in Fort Pierce.
ANALYSIS:
Move out of the subject building is scheduled for the week of
November 21 - 25, 1994. There will be a period of time required to
remove all property from the premises after the initial move. It
is anticipated that within 90 days the building will be completely
vacated and all utilities will be disconnected. Without air
conditioning deterioration will be expedited, due to the excessive
amount of moisture entering the building. The structure will be
made as secure as possible, however, it will be a liability to the
County in an unoccupied state.
County building maintenance is based on square footage of a
facility which would include cleaning, pest control, utilities, and
general maintenance. Annual maintenance cost for this building is
presently budgeted at $100,000.00, which does not take into
consideration labor or grounds work. We have not budgeted monies
to operate the building during the 1994-95 fiscal year.
RECOMMENDATIONS:
Based on the above, staff recommends the building be advertised for
a period of ninety days to sell or lease to ascertain whether or
not there is a market for this facility. If no one is interested
staff would recommend demolition of the building and other use of
the property.
October 11, 1994
General Services Director Dean-T'estimated the cost for
demolition would be $430,000, which included disposal.
Commissioner Adams referred to a recent Historic Resources
Advisory Committee meeting at which the future of the old
courthouse was discussed and the Committee voted to continue the
National Register of Historic Places procedure. The Committee is
very concerned about imminent destruction and continued
deterioration of the building.
Director Dean explained that water is seeping through the
mortar in the bricks and that two sump pumps in the basement are
operated constantly.
Commissioner Macht contended that the courthouse could not be
considered as one unit and asserted that the Historical Society's
interest was solely in the original building.
Chairman Tippin felt clarification was necessary and invited
comments from Ms. Short. _
Carolyn Short, executive director of the Indian River County
Historical Society, recalled that when construction of the New
Courthouse was approved, the Historical Society was charged with
suggesting adaptive uses for the Old Courthouse, and how and where
to get funding. Recently the Board again charged the Historical
Society with the same duties. In the meantime, they have started
the procedure to have the Courthouse placed on the National
Register and are requesting six weeks to complete the process.
They would then come back to report the details and present the
options to the Board. Once on the National Register, demolition of
the building would not be precluded, but it would become eligible
for grants, other funding, and tax credits.
Discussion ensued regarding staff's recommendation to
advertise the property for sale for 90 days to determine interest,
and Administrator Chandler saw no conflict with the Historical
Society's proposal. The Board has been approached over the years
by various groups to use the building, but there have been no bona
fide offers. He stated that staff's greatest concern was
deterioration once the building was vacated and closed.
Commissioner Eggert believed that the Historical Society had
interest only in the original, center portion of the Courthouse.
Commissioner Macht suggested that the electricity be left on
in order to continue operating the sump pumps.
Commissioner Bird agreed that it should be left on for safety.
purposes, without running the air conditioning. In
N6
October 11, 1994
ROOK PAGE 0
A
BOOK 93 PAA 4
addition, Commissioner Bird believed it was important to get a
professional opinion on the value of the building.
Administrator Chandler advised that an appraisal was done
several years ago and Commissioner Bird suggested the appraiser be
asked what the charge would be for an update. -
Commissioner Macht inquired about the estimated cost for
demolition, and Director Dean explained that the figure was based
on per -cubic -foot costs, disposal fees, and other costs.
Discussion was held regarding the feasibility of retaining the
original structure and removing the additions.
MOTION WAS MADE BY Commissioner Adams,
SECONDED by Commissioner Macht to allow the
Historical Society six weeks to continue the
National Register of Historic Places
application, authorize the Chairman to execute
the application as owner of the building, and
proceed with having the appraisal updated.
Under discussion, Commissioner Eggert wished to know about the
the original (center) building if the wings were demolished.
Clerk of the Circuit Court Jeff Barton clarified that the
brick exterior of the original building had been covered with
plaster, and doorways to the north and south on the first and
second floors had been created.
Commissioner Adams suggested a report from a structural
engineer, and Commissioner Eggert wanted an estimate to remove just
the wings and leave the original building.
THE CHAIRMAN CALLED FOR THE QUESTION. It was
voted on and carried unanimously.
Administrator Chandler announced that staff would obtain
separate estimates for demolition of the entire building and for
the additions only.
Commissioner Bird discussed the use of the Courthouse Annex by
the Utilities Department and wondered if there would be sufficient
space for parking and a drive-through facility.
Administrator Chandler confirmed that staff was refining the
details of the Annex versus the Old Health Department building for
the Utilities Department. They expected that renovation would be
more costly for the Old Health Building.
28
October 11, 1994
Carolyn Short credited Jeff Barton with suggesting the selling
of bricks when demolition occurs as a way of fund raising and
simultaneously saving landfill space.
ORIGINAL NATIONAL REGISTER OF HISTORIC PLACES
REGISTRATION FORM IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
PROFESSIONAL ENGINEERING SERVICES M AU AT CR -510
INTERSECTION Il"ROVEMEENTS AND KINGS HIGHWAY
CORRIDOR STUDY - AMENDMENT NO. 4 - GEE & TENSON
The Board reviewed the following memo dated October 4, 1994:
T0: James Chandler
County Administrator
TBRODM: James W. Davis, P.E. .12
Public Works Directo36
FROM: Terry B. Thompson, P.E
Capital Projects Manager
SUB�7ECT: Amendment No. 4
ProfessionalSng3aeer3.:Lg Services
SR -AIA at CR 510 Intersection Improv, to -and
Kings Highway Corridor Study
DATE: October 4, 1994
Gee & Jenson is under contract with Indian River County to design
intersection improvements at SR AIA and CR 510. The Florida
Department of Transportation has requested revisions to the
roadway and signalization plans before they will issue the
construction permit.
The attached amendment provides for revising the roadway plans at
a cost of $3,900 and revising the signalization plans at a cost
Of $5,500. Amendment No. 4 also provides for final project
certification by the Engineer of Record at a cost of $2,400 as
required by the St. John's River Water Management District. The
total cost of Amendment No. 4 is $11,800. This, added to the
current contract amount of $145,914 (which includes $76,464 for
58th Avenue Improvement Study and $69,450 for CR 510/AlA
Intersection Improvements) will result in a new contract amount
of $157,714.
W,
October 11, 1994
BOOK 93 FK�L
mr 3
The original Agreement dated June 6, 1989 included a corridor
study for Kings Highway. This corridor study was completed in
January 1993. Gee & Jenson is requesting release of retainage
and final payment in the amount of $7,640.40 for the Kings
Highway Corridor Study.
Gee & Jenson is also requesting a partial release of retainage in
the amount of $6,097.70 for CR 510 and SR AlA Intersection
Improvements. The only tasks remaining to be completed are those
contained in Amendment No. 4.
Staff recommends that the following actions be taken:
1• Approve Amendment No. 4 in the amount of $11,400.
2. Approve release of retainage and final payment for the
58th Avenue Corridor Study in the amount of $7,640.40.
3. Approve partial release of retainage for the CR 510 and
SR-AlA Intersection Improvements in the amount of
$6,097.70.
Funding for the 58th Avenue Corridor Study is from Account 101-
158-541-067.3a.
Funding for CR 510 and SR AIA Intersection Improvements is from
Account 101-151-541-067.11.
MOTION WAS MADE by Commissioner Eggert,
SECONDED by Commissioner Bird, to approve
Amendment No. 4 in the amount of $11,400;
release of retainage and final payment for the
58th Avenue Corridor Study in the amount of
$7,640.40; and partial release of retainage
for the CR -510 and SR-AlA Intersection
Improvements in the amount of $6,097.70.
Commissioner Adams asked why the changes were required, and
Public Works Director Davis explained that quite a few things had
occurred after 1989 when the contract was initiated with Gee &
Jensen. First of all, there were some changes in the St. Johns
River Water Management District Rules which the engineer was not
cognizant of in 1989, and then the Disney project came on line and
the.design had to be modified to connect to the Disney project.
Commissioner Macht questioned the $5,500 cost for
signalization because it seemed an excessive amount to do something
30
October 11, 1994
� s �
relatively straightforward.
Director Davis explained that the design of the signalization
had to be modified due to DOT signal design changes which came
about after Hurricane Andrew. More importantly, the Disney project
connection also made some changes and responses were made to the
DOT comments on plan submissions. The DOT is funding the project
for $250,000, and we have tried to work with DOT as the changes
came along.
THE CHAIRMAN CALLED THE QUESTION. The motion
was voted on and carried unanimously.
AMENDMENT NO. 4 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
ROUND ISLAND PARK LANDSCAPING
The Board reviewed the following memo dated October 4, 1994:
TO: James Chandler
County Administrator
TSS: James W. Davis, P.E.
Public Works Director
PROM: Terry B. Thompson, P.E.
Capital Projects Manager
AnMLJ CT: Round island Park Landscaping
DATE: October 4, 1994
Round Island Park Landscaping is now complete. Natureland is
requesting final payment consisting of the 10% retainage in the
amount of $2,330.50.
Staff recommends that _the Board release final payment in the
amount of $2,330.50.
Funding is from a reimbursable grant in the amount of $21,450.00
from the 1993 Small Business Administration Tree Planting Program
and matching funds in the amount of $1,855.01 from Account 001-
210-572-066.51.
31
October 11, 1994 mu mu 497
BOOK
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously
approved release of final payment to
Natureland in the amount of $2,330.50, as
recommended by staff.
W mu 4�8
SCHEDULING OF PUBLIC HEARING ON GREASE TRAP ORDINANCE
AMENDMENT
The Board reviewed the following memo dated September 19,
1994:
DATE: SEPTEMBER 19, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRRATOORR
FROM: TERRANCE G.
DIRECTOR F UTILITY�S
PREPARED WILLIAM Mc
AND STAFFED CAAPI CTS ENGINEER
BY: DE OF UTILITY SERVICES
SUBJECT: AMENDMEN'P TO THE COUNTY'S EXISTING
GREASE TRAP ORDINANCE
.BACKGROUND AND ANALYSIS
The modification to thegrease trap ordinance has been necessitated
by recent cases of existing. auto garage floor drainage systems being
connected to the County's sewer system without proper grease trap
installation. The proposed changes (see attached revisions) insure
that HRS will review with the director any such future connections
_and have them signed off by him..
REC�iTDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners concur with the proposed ordinance
changes and set a public hearing date for November 1, 1994.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously
scheduled a public hearing on the proposed
ordinance on November 8, 1994, at 9:05 a.m.
32
October 11, 1994
LAKEWOOD VILLAGE MOBILE HOME PARK
The Board reviewed the following memo dated 9/23/94:
DATE: September 23, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PI
DIRECTOR OF UTILITY SERVICES
PREPARED HARRY E. ASHER
AND STAFFED ASSISTANT DIR OR OF UTILITY SERVICES
BY:
SUBJECT: LAKEWOOD VILLAGE MOBILE HOME PARR (LVMHP)
BACKGROUND
On September 26, 19890, the Indian River County Board of County
Commissioners approved an agreement between Indian River County and
Lakewood Village Mobile Home Park (LVMHP) setting forth the
conditions for connection to the County regional wastewater system
and for payment of impact fees. (See attached copy of agreement)
On April 9, 1991, LVMHP executed an agreement for the financing of
178 sewer ERUs in the park, leaving a balance of 111 units payable
under the agreement as follows:
1. Payable "At the time of resale of existing units within
LVMHP."
2. Payable "At five (5) years from the date of this
agreement LVMHP shall pay to the County the, then -
current, impact fees for sewer for all units within the
Park for such impact fees that have not yet been paid.
ANALYSIS
The five (5) year anniversary for payment of the balance of .110
ERUs, at $2,551.00 each, is due September 26, 1994. LVMHP was
given notice by letter, dated August 26, 1994. (See copy of letter
attached)
LVMHP has requested by letter (See attached copy) to finance the
impact fees under the County ten (10) year financing plan, and to
delay the effective date to January 1, 1995, to enable the park to
provide a ninety (90) day notice to its tenants, as required by the
Department of Business Regulation.
The Department recommends the approval of this request to delay the
financing until January, 1995, but with accrued interest to be
charged at the financing rate of eight percent (8t), beginning on
the due date of September 26, 1994.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the request to delay the
financing of the impact fees due until January 1, 1995, with
accrued interest at the rate of eight percent (8%) to be charged
beginning on the due date of September 26, 1994, until the date of
execution of the financing agreement.
33
October 11, 1994
BOOK. 9"3 PA E
BOOK 3 PAGE 500'
MOTION WAS MADE by Commissioner Adams,
SECONDED by Commissioner Bird, to approve
delay, until January 1, 1995, of the financing
of impact fees due, with interest to be
accrued at 8% from the due date, September 26,
1994, until execution of the financing
agreement.
Commissioner Adams asked Director Pinto whether it was 111
units or 110 units since the memo was ambiguous. Director Pinto
indicated he would have to check. (Clerk's Note: Subsequently,
the correct number was determined to be 111.)
Commissioner Adams also inquired about the interest starting
date which Director Pinto clarified.
THE CHAIRMAN CALLED THE QUESTION. The motion
was voted on and carried unanimously.
NORTH BEACH REGIONAL WASTEWATER REFUVIP STATION AND
TRANSMISSION SYSTEM - WORK AUTHORIZATION NO. 2
The Board reviewed the following memo dated September 16,
09!kZT
DATE: SEPTEMBER 16, 1994
TO: - JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PIN�i
DIRECTOR OF UTILITY ERVICES
PREPARED WILLIAM WOF
N
AND STAFFED CAPITAL ENGINEER
BY: DEPARILITY SERVICES
SUBJECT: NORTH BEACH REGIONAL WASTEWATER REPUMP STATION
AND TRANSMISSION SYSTEM
INDIAN RIVER COUNTY PROJECT NO. IIS -94 -22 -CS
BACKGROUND
On December 7, 1993, the Indian River County Board of Coupty
Commissioners authorized Brown and Caldwell to evaluate the
expansion of the Sea Oaks Wastewater Treatment Plant. The final
report, which recommended the abandonment of the Sea Oaks facility
and the construction of a regional repump facility and transmission
system to the North County.WWTP for treatment, was approved by the
34
October 11, 1994
Board on May 17 of 1994. (See attached agenda item and minutes.)
We have now negotiated a contract for the design of this project
with Masteller and Moler, Inc. Masteller and Moler, Inc., is one
of the shortlisted wastewater design firms previously selected by
the County for projects of this nature. (See attached agenda item
and minutes.)
ANALYSIS
A detailed scope of services is outlined in the attached wastewater
work Authorization No. 2. The estimated construction cost is
$961,400.00 which includes a 15% contingency. The negotiated -fee
for design services is $62,000.00, which is 6.4% of the
construction cost. Inspection services have been negotiated to
$25,000.00 or 2.6% of the estimated construction cost. Additional
services outside basic engineering services, total $25,000.00 and
covers structural and surveying costs. The structural services are
required, as we have elected to cross the Indian River on the 510
bridge rather than proceed with a subaqueous crossing as
recommended by Brown and Caldwell. The options were closely
evaluated both in house and by Masteller and Moler, Inc. The
attached letter from Masteller and Moler, Inc., summarizes most of
the investigation that was performed, however, it does not
adequately cover the costly permitting process to bury the pipe
under the river in an aquatic preserve. Given this analysis, we
wish to proceed with the aerial crossing of the river.
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached Work
Authorization No. 2 as presented.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
approved Work Authorization No. 2, with
Masteller and Moler, Inc., as outlined in the
memorandum and recommended by staff.
WORK AUTHORIZATION NO. 2 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
35
October 11, 1994 PooK ���� �I
800K
STONEBRIDGE SUBDIVISION DEVELOPER'S AGREEMENT
1994:
93 PAGE 502
The Board reviewed the following memo dated September 21,
DATE: SEPTEMBER 21, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTO
FROM: TERRANCE G. PINT
DIRECTOR UTI SERVICES
PREPARED WILLIAM F. cCAI
AND STAFFED CAPIT ENGINEER
BY: DEP AR UTILITY SERVICES
SUBJECT: STONEBRIDGE SUBDIVISION DEVELOPER'S AGREEMENT
BACKGROUND
Attached -is--a proposed developer's agreement with West Mark
Associates Development Company, L.C., (Stonebridge Subdivision) for
reimbursement of offsite utility construction. The 10 -inch force
main line routing on 58th Avenue and the water main on 4th Street is
entirely Master -planned and is shown on Exhibit A of the attached
developer's agreement and covered on page two of the agreement under
items A and B. The 6 -inch force main on 4th Street and 58th Avenue
is covered under item C of the developer's agreement. The lift
station is covered under item D of the agreement. Reimbursement for
items C and D is based on hydraulic share. Various exhibits from
.the Indian River County Master. Plan are attached depicting the
above -referenced Master -planned lines.
ANALYSIS
-
Exhibit B of -the attached agreement (pages
1 - 4) identifies the
cost-sharing between the developer and
the
County. The costs are
outlined as follows:
*tI m A
12 -inch water main on 4th Street
County
$183,074.62
**Developer
$
8,575.38
* Item B
10 -inch force main on 58th Avenue
County
$330,150.00
Developer
$
0
Item C
6 -inch force main and gravity sewer
County
$
90,600.00
Developer
$
30,200.00
Item
Subregional lift station
County
$
40,325.00
Developer
$
40,325.00
* Master -planned water --and sewer lines
** Developer's share based on line extension
cost of $6.71 per
front foot of property
36
October 11, 1994
The construction of this system will assist the County in expanding
the water and sewer systems as outlined in the County Master Plan,
as well as allow the owner's property to be developed. The total
estimated cost to the County is $644,149.62, which will be paid from
the Utilities impact fee fund. The subdivision has purchased 41
ERUs of water and sewer for Phase I. Therefore, $52,193.00 of this
reimbursement will come from Phase I of the subdivision's own impact
fees, which per ordinance 91-31 are $597.00 per ERU (water) and
$676.00 per ERU (sewer) for transmission systems. Phase II of the
subdivision will consist of an additional 42 ERUs, which equates to
another $53,466.00 contribution directly to the project.
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the developer's agreement as
presented.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
approved West Mark Associates Development
Company's development agreement as presented
and recommended by staff.
ORIGINAL AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
STATE ROAD 60 COlVIlVIERCIAL NODE - CHANGE ORDER #2 AND
FINAL PAY REQUEST - SPEEGLE CONSTRUCTION
The Board reviewed the following memo dated September 26,
1994:
DATE: SEPTEMBER 26, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTI T CES
PREPARED WILLIAM F. M
AND STAFFED CAPITAL PR ENGINEER
BY: DEPAR7RAD
UTILITY SERVICES
SUBJECT: STATE 60 COMMERCIAL NODE
INDIAN RIVER COUNTY PROJECT NOS. UW -92 -26 -DS,
IIS -92 -27 -CS, AND IIS -93 -11 -CS
CHANGE ORDER NO. 2 AND FINAL PAY REQUEST
BACKGROUND AND ANALYSIS
On November 2, 1993, the Indian River County Board of County
Commissioners awarded the above-mentioned project to Speegle
Construction, Inc. The original contract amount was $624,684.00.
37
October 11, 1994 BOOK 93 FADE 503
BOOK 93 PAGE 504
Change Order No. 1 was approved on August 23, 1994 and was for a
reduction of $20,689.20 (see attached agenda item and minutes). The
project required several minor items to be added prior to final
completion, and they are listed on the attached Change Order No. 2.
The cost addition to the contract amounts to $5,676.00. This will
make the final contract amount $609,670.80. We will recover
$11,455.00 from the Horizon Outlet Mall (see attached agenda item), _
which results in a total contract reduction of 4.23%. The contract
is complete, and we now wish to make final payment.
The staff of the Department of Utility Services recommends approval
of the change order and final pay request as presented.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously
approved the Change Order No. 2 with Speegle
Construction in the amount of $5,676.00, as
recommended by staff.
CHANGE ORDER NO. 2 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
SOUTH U.S. 1 WATER MAIN SURVEY/CONTRACT ADDENDUM #1
WITH MASTELLER, MOLER AND REED, INC.
The Board reviewed the following memo dated September 28,
1994:
DATE: SEPTEMBER 28, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TE CE G. PINTO
DIRECTOR OF UTILI VICES
PREPARED WILLIAM F M N
AND STAFFED CAPITAL ECTS ENGINEER
BY: DEPAR F UTILITY SERVICES
SUBJECT: SOUTH 1 WATER MAIN
SURVEY CONTRACT AI�NDMENT 1
INDIAN RIVER COUNTY PROJECT NO. UW -93 -26 -DS
=t
On March 1, 1994, the Indian River County Board of County
Commissioners approved the in-house design of the above -referenced
project. At the same time, a survey service contract with
Masteller, Moler and Reed, Inc.,. was approved for the project at a
cost of $27,310.00 (see attached agenda item and minutes).
As utility locations have been secured and meetings with the DOT
have progressed, the need- for several design changes has become
apparent. The proposed routing of this line is from just north, of
38
October 11, 1994
the intersection of CR 510 and US 1, south to 49th Street. In the
original project layout, we were to suspend our water line over an
existing DOT bridge across the north relief canal and to proceed
through the 510/US 1 intersection. These two areas now have to be
modified. We are proceeding with an aerial crossing of the north
relief canal, as well as a relocation of the north end of the line
to the east of the Wabasso intersection. Both of these require
additional survey work. We have negotiated a lump sum fee with our
surveyor of $1,950.00 for the additional work (see attached Addendum
No. 1 with Masteller, Moler and Reed, Inc.). Funding for this
additional work will be from Account No. 472-000-169-219.00.
RECOMMENDATION
The staff of the Department of Utility Services recommends approval
of Addendum No. 1 with Masteller, Moler and Reed, Inc., in the
amount of $1,950.00 as presented.
OX MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously
approved Addendum No. 1 with Masteller, Mol-er
and Reed, Inc., in the amount of $1,950 as
recommended by staff.
ADDENDUM NO. 1 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
NORTH COUNTY REVERSE OSMOSIS PLANT PHASE H - BRINE
DISPOSAL LINE SURVEY SERVICES
The Board reviewed the following memo dated October 3, 1994:
DATE: October 3, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATPR-
FROM: TERRANCE G.
DIRECTOR AWLIYSERVICES
PREPARED WILLIAM F. MC I
AND STAFFED CAPITAL PRO 9GINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: NORTH COUNTY R.O. PLANT PHASE II
BRINE DISPOSAL LINE SURVEY SERVICES
INDIAN RIVER COUNTY PROJECT NO. UW -94 -23 -ED
BACKGROUND
On May 24, 19941 the Indian River County Board of County.
Commissioners approved the design and construction of the North
County R.O. Plant. (See attached agenda item and minutes). In
that agenda, we referenced an upcoming inhouse design project for
the plants brine disposal line. We are now prepared to proceed
with this project.
39
October 11, 1994 BOOK 9.3 PAGE 505
BOOK 93 PAGE 506
ANALYSIS
We have negotiated a survey contract with our No. 1 ranked surveyor
for this work (See attached survey contract), the negotiated lump
sum for this work is $12,170.00. The total estimated project costs
are as follows:
CONSTRUCTION WITH 10% CONTINGENCY $ 660,000
ENGINEERING 36,000
SURVEY 12,170
TOTAL ESTIMATED PROJECT COST
$ 708,170
Funding for this project will be from the impact fee fund.
RECONIl MAATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached work
authorization with Masteller, Moler, and Reed, Inc., as presented.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
approved Work Authorization with Masteller,
Moler, and Reed, Inc., for a total estimated
cost of $708,170, as recommended by staff.
PROPOSAL LETTER/AUTHORIZATION ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
LETTER TO MR. DANNIE DECKER RE ANIMAL CONTROL MATTER
Chairman Tippin presented the following proposed letter and
asked for the Board's approval to send it:
Mr. Dannie Decker
2745 53rd Avenue
Vero Beach, Florida 32960
Dear Mr. Decker:
This is in reply to your letter of October 7, 1994 where you
requested to be placed on the agenda again. The County has a
liberal policy of allowing citizens to appear before the Board to
present matters of concern that may be addressed by the Board.
In fact you were afforded this opportunity and allowed to speak
well beyond the five minutes usually allotted for speakers at the
last Commission meeting.
A review of your letter indicates that the matters you wish to now
address are matters for the courts or, in the case of code
interpretations, matters for staff charged with administering the
various chapters in the code to answer. I note that you presently
have an appeal pending in the Circuit Court against a County
Code Enforcement Board action. The County is a party to that
proceeding.
40
October 11, 1994
In view of the foregoing and of the contents of your letter, it is
the opinion of the Board. of County Commissioners that the subject
matter you propose to address should not be discussed except in
court. Accordingly your request to be scheduled again for a
future Commission agenda on this subject is denied. Your legal
questions should be answered by our own attorney.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
John W. Tippin
Chairman
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously
approved sending the proposed letter to Dannie
Decker.
CONSIDER SCHEDULING PUBLIC DISCUSSION AGENDA ITEMS
AV= PUBLIC HEARINGS
Commissioner Adams suggested, citing various reasons, that
public hearings be scheduled before public discussion items.
Commissioner Eggert agreed and, in addition, wished to discuss
a policy on public discussion as well, citing her concerns about
public discussion on court cases and airing items beyond the
ability of the Commission to act. She felt that they should be
open to any constituent who wanted to talk about anything about
which the Commission could do something. She also expressed a
concern with the availability of television broadcasting.
Chairman Tippin preferred allowing people to have their say,
rather than to limit debate, unless it got to be a problem.
Commissioner Macht spoke against the change and felt it better
to have staff use judgment when setting up the agenda, because they
would have an idea how long each item would take.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner- Bird, the Board by a 4-1 vote
(Commissioner Macht dissenting) approved
holding public hearings before public
discussion items.
41
October 11, 1994 BOOK 93 PAGE 507
BOOK 93 PAGE 508
1 lzmll 1.13 DoWI W D1 ' tUCT41
Commissioner Adams apologized publicly to Piper President
Chuck Suma and the employees of Piper and expressed her sincere
regret for her offending remark at a Commission meeting two weeks
prior. She expressed her great respect for the organization, its
employees, and true grit of the management. She thanked the
employees for their letters and felt that Mr. Suma could be very
proud of their loyalty and concern.
Commissioner Adams' concern was the wise use of taxpayer
dollars, and she speculated that if Piper had come directly before
the Value Adjustment Board, the back taxes problem might have been
able to be resolved without incurring additional legal expenses.
FOREIGN TRADE ZONES
The Board reviewed the following memo dated October 6, 1994:
To: Board of County Commissioners
From: Carolyn K. Eggert, Commissioner
Date: October 6, 1994
Re: Foreign -Trade Zones
Mr. Morris Adger of Central Florida Foreign Trade Zone
spoke to the Economic Development Council on September 27,
1994 and asked for a letter of support for their application
(St. Lucie Co.) to become a foreign -trade zone. They have
the necessary requirements including the presence of a U.S.
customs office. Indian River County industrial parks or
companies could then apply as Subzones. (See booklet,
Foreign -Trade Zones: A Positive Force in Trade & Economic
Development.) The Economic Development Council voted
unanimously to recommend the sending of a letter of support
for the Central Florida Foreign -Trade Zone, Inc. trade zone
contingent on the results of their board meeting on Monday,
October 3rd to which Rip Wieler and Michael Vanatta went, as
representatives of EDC and Alan Campbell from Council of
100. They were satisfied that all their questions were
answered. The Council of 100 approved a recommendation to
the Chamber of Commerce Board for a letter of support.
Concern had been expressed that business would be
pressured to go to St. Lucie County (No!), that higher rates
would be charged to out -of -county subzones (see Vanatta
letter) and that costs would be high ($4,000-6,000 for
federal application plus nominal fees for administration
costs of application and annual membership in Central
Florida Foreign -Trade Zone, Inc.) I recommend that the
Board of County Commissioners approve a letter of support.
- 42
October 11, 1994
MOTION WAS MADE by Commissioner Eggert,
SECONDED by Commissioner Adams, to send a
letter in support of St. Lucie County's
application to become a foreign -trade zone.
Jim Gibbons, employed by Haitian Tropical Management, with
executive offices in Vero Beach, and a board member of Central
Florida Foreign Trade Zone, appeared to answer questions and seek
the Board's support for the application.
THE CHAIRMAN CALLED FOR THE QUESTION. It was
voted on and carried unanimously.
PAYMENT OF MEMBFRS11W DUES FOR NACo AND FLORIDA SHORE
AND BEACH PRESERVATION ASSOCIATION
The Board reviewed the following memo dated September 28,
1994:
- - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - TO: Board of County Commissioners
FROM: Alice E. White, Executive Aide
DATE: September 28, 1994
SUBJECT: Payment of Membership Dues for NACO and Florida -Shore
and Beach Preservation Association
Because of the budget constraints the County faces this next
budget year, it has been suggested that we not pay membership
dues FY 1994-95 for NACo or Florida Shore and Beach Preservation
Association (FS&BPA.) It is felt that we do not get our money's
worth from either of these organizations.
I respectfully request direction from the Board of County
Commissioners in this matter.
The Board discussed pros and cons of continued membership in
both organizations. Consensus was reached to continue paying both
and reevaluate the membership payments next year.
43
October 11, 1994 ROOK PAGE 509
MOK 93 PAGE 5i
There being no further business, on Motion duly made, seconded
and carried, the :Board adjourned at 10:15 a.m.
ATTEST:
M1
Kb -
J. K. BartoM,'a ]er ;. o n W. Tippi , Chairm n
k
e nn
Minutes approved on �� f 4;�
44
October 11, 1994