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HomeMy WebLinkAbout1/10/1995MINUTES NWTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, JANUARY 10, 1995 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING - 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Kenneth R. Macht, Chairman ( Dist. 3 ) Fran B. Adams, Vice Chairman (Dist. 1) Richard N. Bird ( Dist. 5 ) Carolyn K. Eggert ( Dist. 2 ) John W. Tippin, (Dist. 4) James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 9: 00 A. M. 1. CALL TO ORDER PAGE 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - Comm. John W. Tippin 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS 7 D Letter Supporting Grant Application to Restore the Macedonia Black Church 7 E Schedule Public Hearing for Revisions to Ch. 304, Life Support Services, as Recommended by ESDAC 9 B Deferred (by Frank Zorc) 13 A2 Special Parking for Judicial Assistants at New Courthouse 13 B Fellsmere Trash Transfer Station 13 C Discussion of John Dean's Recommendation for Barber Bridge 10 Employee bargaining caucus to follow meeting 5. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES A. Regular Meeting of December 6, 1994 B. Special Meeting of December 6, 1994 7. CONSENT AGENDA A. Re -appointment of Joe Garone to Code Enforcement Board B. Appointment of Ms. Helen Glenn to Council of Public Officials (COPO) ( letter dated January 3, 1995 ) C. Request from Dennis S. Forbes for Appointment to Land Acquisition Advisory Committee _ ( letter dated September 19, 1994 ) S. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None Fl",- I 9:05 a.m. 9. PUBLIC ITEMS PAGE A. PUBLIC HEARINGS 1. Bent Pine Golf Club Request for Special Exception Use Approval and Minor Site Plan Approval to . Expand an Existing Special Exception Use (memorandum dated December 14, 1994) 2. Charles & Gail Godwin's Request for PD - - Special Exception Use Approval for an Agricultural PD to be Known as Shady Oaks Farm ( memorandum dated December 19, 1994 ) 3. Paving & Drainage Improvements to 79th St.. Between 101st Ave. & 91st Ave. in Vero Lake Estates Subdivision ( memorandum dated December 28, 1994 ) 4. Water Expansion Plan - Phase IV, Res. III (memorandum dated January 3, 1995) B. PUBLIC DISCUSSION ITEMS Request by Frank Zorc for Continuation of Discussion Re: Application of Public Records Law to Ad Valorem Tax Exemption Application (continuation from meeting of 11-15-94) (backup will be provided separately) 10. COUNTY ADMINISTRATOR'S MATTERS Scheduling of Workshops - Malcolm Pirnie Solid Waste Study and Preliminary Budget Meeting ( memorandum dated January 4, 1995 ) 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY SERVICES 1. Approval of Resolution Adopting the I.R.C. Hazardous Materials Emergency Plan ( memorandum dated January 3, 1995) _ 2. Approval of Renewal of EMS Certificate of Public Convenience and Necessity for I.R. Memorial Hospital Medical Transport Service ( memorandum dated January 4, 1995 ) C. GENERAL SERVICES County Administration Building Renovations ( memorandum dated December 27, 1994 ) D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS 1. Florida Geologic Dept. Sediment Survey ( memorandum dated January 3, 1995 ) 11. DEPARTMENTAL MATTERS (cont'd. ): PAGE G. PUBLIC WORKS (cont'd.): 2. Additional Engineering Services for 1st St. SW (RD Carter Rd.) 8 26th St. ( Walker Ave.) ( memorandum dated December 22, 1994 ) H. UTILITIES 1. West Regional Effluent Pumping Station Final Pay Request and Change Order ( memorandum dated January 4, 1995 ) 2. Revisions to the IRC Water and Wastewater Utilities Standards (memorandum dated December 30, 1994) 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. CHAIRMAN KENNETH R. MACHT Resolution to Set Up the Old Courthouse Ad Hoc Committee; Approval of Committee List; and Approval to Provide Funds for Feasibility 6 Cost Study for Grant Application B. VICE CHAIRMAN FRAN B. ADAMS C. COMMISSIONER RICHARD N. BIRD D. COMMISSIONER CAROLYN K. EGGERT E. COMMISSIONER JOHN W. TIPPIN 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, January 10, 1995 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, January 10, 1995, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Fran B. Adams, Vice Chairman; Richard N. Bird; Carolyn K. Eggert; and John W. Tippin. 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 Tippin led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Macht requested the addition of Item 7.D. to the Consent Agenda: support of grant application for restoration of the Macedonia Black Church. Commissioner Eggert requested the addition of Item 7.E. to the Consent Agenda: scheduling a public hearing on January 24, 1995, for revisions to Chapter 304, Life Support Services as recommended by Emergency Services District Advisory Committee. Commissioner Bird requested the addition of Item 13.C., discussion of John Dean's Merrill Barber Bridge Life After Death Concept. Commissioner Adams requested the addition of Item 13.B., discussion of Fellsmere trash transfer station beautification and consideration of restoring additional days of service. Chairman Macht requested the addition of Item 13.A.2, concerning a letter received from Vero Beach Mayor Caroline Ginn regarding special parking places for the judicial assistants at the new courthouse. Administrator Chandler advised that Mr. Frank Zorc had asked that Item 9.B. be deferred again; and advised that there would be a caucus following the meeting concerning employee bargaining. 04 January 10, 1995 an®g 94 46, ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously added and deleted the above items to the Agenda. APPROVAL OF 1VIINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of December 6, 1994. There were none. ON MOTION by Commissioner Adams, SECONDED by Commissioner Tippin, the Board unanimously approved the Minutes of the Regular Meeting of December 6, 1994, as written. The Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of December 6, 1994. There were none. ON MOTION by Commissioner Adams, SECONDED by Commissioner Bird, the Board unanimously approved the Minutes of the Special Meeting of December 6, 1994, as written. CONSENT AGENDA A. Re -appointment of :toe Garone to Code Enforcement Board ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously re- appointed Joe Garone to the Code Enforcement Board. - 2 a�OK b January 10, 1995 94 i)nv 47 r � � o r � B.. Appointment of Ms. Helen Glenn to Council of Public Officials (COPO) The Board reviewed the following letter dated January 3, 1995: J��cdt'art /�iver . o� uito Co�ttroC �i.�ftrict P.O. Box 670, Vero Beach, Florida 32961-0670 PHONE: (407) 562-2393 • FAX.• (407) 562-9619 565541ST STREET E. J. @EIDLER. DUeator Commissioner Ken Macht Chairman, Council of Public Officials 1840 25th St. Vero Beach, FL 32960 January 3, 1995 Re: Appointment of Ms. Helen Glenn to Council of Public Officials (COPD). Dear Commissioner Macht, This letter is provided at Ms. Glenn's request to inform you that since Ms. Glenn is Chairman of the Indian River Mosquito Control District (IRMCD) Board of Commissioners for 1995, she will be replacing Ms. Janice Broda as the District's COPO representative. It is the IRMCD Board's policy that the current Chairman serve on COPD. IRMCD appreciates the opportunity to continue to serve on the Council. Sincerely yours, C� Doug Carlson Assistant Director ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously appointed Helen Glenn to Council of Public Officials. 3 January 10, 1995 8aow. P,��(- C. Request from Dennis S. Forbes for Appointment to Land Acquisition Advisory Committee The Board reviewed the following letter dated September 19, 1994: September 19, 1994 Board of County Commissioners 1840 25th Street PRINTER Vero Beach, Florida 32960 Dear Commissioners: This letter is in response to the need for an at -large member of The Indian River County Land Acquisition Advisory Committee. Lown a.commercial printing business and also manage my family's citrus groves. My wife, Olske, and I operate an organic herb farm as well. My memberships. . include The Environmental Learning Center, The Substance Abuse Council, the Center for the Arts and the Vero Beach -Indian River County Chamber of Commerce. In my opinion, there is a delicate. balance between human rights, property rights and environmental conservation, and I would take a common sense approach to land acquisition. Also, being an avid fisherman, a clean environment is very important to me. It would indeed be a privilege to serve on this committee, and I hope you will consider me for the appointment. Si rely, Dennis S. Forbes ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously appointed Dennis S. Forbes to the Land Acquisition Advisory Committee. 4 January 10, 1995 �OnK 64 49 W D._ Letter Supporting Grant Application for Restoration of the Macedonia Black Church ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously authorized the Chairman to -direct a letter to the Historic Preservation Advisory Council, Department of State, Division of Historical Resources, supporting the grant application for restoration of the Macedonia Black Church submitted by the Indian River County Historical Society. January 5, 1995 Mr. Frederick Gaske Historic Preservation Advisory Council Dept. of State, Div. of Historical Resources R.A. Gray Building 500 South Bronough St. Tallahassee, FL 32399-0250 Dear Mr. Gaske: The Board of County Commissioners strongly support the grant application for restoration of the Macedonia Black Church submitted by the,' Indian River County Historical Society. In the late 1890s, Henry Flagler built his railroad south along the east coast of Florida. He employed black laborers to lay the bed and tracks and maintain the railroad. These men with their families established homes near the.railroad depots in Sebastian, Wabasso and Gifford, creating small black communities. They also established their churches, one of which is the Macedonia Black Church which was built in'Sebastian in 1908. Today it is the last remaining original black church building' of its style along the entire east coast of Florida. The proposed restoration would provide the Gifford Civic Progressive League with an information center and serve as a black history' museum. This building and museum will be part of a memorial park dedicated to the Rev. Dr. Martin Luther King. The park and the black history museum will further offer an educational opportunity to the students in the County. Under the leadership of the Gifford Civic Progressive League many improvements have been made to the main business area of Gifford. The addition of this restored' historic building and its adaptive use will provide encouragement and a sense of pride as this community is revitalized. Z truly,. Kenneth R. Macht Chairman 5 January 10, 1995 600K 94 o�fjc 0 E. Public Hearing Scheduled to .Consider Revisions to Chapter 304, Life Support Services, as recommended by ESDAC The Board reviewed the following memo dated January 9, 1995: TO: Honorable Board of County Commissioners THROUGH: Jim ChandlW1_ ounty FROM: Doug Wrigh, irector Emergency Services SUBJECT: Emergency Services Recommended Revisions and Establishment of Proposed Changes Administrator DATE: January 9, 1995 District Advisory Committee's to Chapter 304, Life Support Services Public Hearing Date to Consider the As directed by the Board of County Commissioners on November 22, 1994, the Emergency Services District Advisory Committee met on January 5, 1995, in a workshop meeting to consider revisions to Chapter 304, Life Support Services. As you know, Chapter 304 governs the process of issuing certificates of public convenience and necessity as well as oversight of the various entities providing pre- hospital ALS/BLS emergency medical transport and non -emergency interfacility ALS/BLS ground transport. After hearing from current certificate holders, current applicants, and potential applicants, the workshop meeting resulted in the Advisory Committee recommending the attached revisions and additions to Chapter 304. The additions are indicated by underlining and the deletions are struck through. At the same November meeting referenced above, the Board of County Commissioners approved Emergency Ordinance No. 94-33 which expires after sixty (60) days. The purpose of the temporary ordinance was to provide authorization and conditions for certain adjacent county ground transport providers to operate within the county without a certificate of public convenience and necessity. Since this ordinance expires on January 22, L995, staff requests the Commission approve the date of January 24, 1995, as the date for a public hearing to consider the Advisory Committee's recommendations on an emergency basis. This request is predicated on the fast approaching expiration date of the temporary ordinance; the need to ensure continuity of certain medical transports; and the fact that the Commission generally does not meet on the fifth Tuesday of the month which would push the public hearing date into February. Information regarding the proposed changes is being submitted to the Board of County Commissioners at the meeting of January 10, 1995, to allow sufficient time for review and consideration of the Advisory Committee's recommendations. Attachment Proposed Changes to Chapter 304, Life Support Services ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved scheduling a public hearing to consider revisions to Chapter 304, Life Support Services, as recommended by ESDAC, on January 24, 1995. 6 January 10, 1995 PUBLIC DISCUSSION ITEM - REQUEST BY FRANK ZORC FOR CONTINUATION OF DISCUSSION RE APPLICATION OF PUBLIC RECORDS LAW TO AD VALOREM TAX EXEMPTION APPLICATION Deferred, as requested by Mr. Zorc. PUBLIC HEARING - BENT PINE GOLF CLUB REQUEST FOR SPECIAL EXCEPTION USE APPROVAL AND MWOR SITE PLAN APPROVAL TO EXPAND AN EXISTING SPECIAL EXCEPTION USE 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 on oath says that he Is Business Manager of the Vero Beach Press-Joumal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement, being In the matter in the Court, was pub- lished In said newspaper in the 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 matterat 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. „NUrU1M111 �§j* ftp 4'#0hsubscrit>� befpe me !Pis _ day o 19 ,�PQ'•NOTg9��s • : MY Comm NO. Cep 1997N� EA J-72 op :;9j;•,•• LIG. 4— FLO't'1161�110 r'.7nARA C SPRAGi ir.. NnTAnY POnl IC, Cam siwr Number. CC300572. fwlt3ry: f3AF;UAfiA C. SPRAGUE Manager) NOTICE OF PUBLIC HEARING Notice of cial exceptionheof sW aappmal ring erg a� 8mehte nce W** Ing eupanslon at 8a Bent PNre Goff Club. The sub. led Proper lo Wal" owl by the am Fe Goff Club, and is located et 5380 81st Street In Section atavep�cia the bratbnhIch ownahic 32 and R mW 39. See the cffkens 8 have �� In Interest and be held by the Board CountjhaCunity morninissio nbe mamol � Clambers oAWN f the Admbds�tr (tion Build - kg, located at 1840 25th Street, Vero Beach, Flor- ida an Tuesday, January 10, IM at 8:65 a m. Anyone who may twishthe � any decUlon wtddt may be made at � wW need ro a► Orae that a verbeltrn record of prom dirgs is meds. which Incomes testYnarry and evidence upon v+h' the b based. ANYONE INHO NEEDS A SPECIAL A000MMODA. TIDN FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABIIJTIES ACT ADA) COORDINATOR AT 567-8000 X223 AT rs HOURS N ADVANCE OF THE MEET. NG. BOARD OF COUNTY COWASWNERS BY•8•Jo1n W. Tlpph, Chahm Dec. 16, 1994 1156075 7 January 10, 1995 �()i�K`,� 52 my Planning Director Stan Boling reviewed the following memo dated December 14, 1994: TO: _ James E. Chandler _ County Administrator DI SION HEAD CONCURRENCE: �.f 1�'f obeirt M. Reatin , A Community DevelopmenvDirector THROUGH: Stan BolinICP Planning Director FROM: Eric Blad ie�,% Staff Planner, Current Development DATE: December 14, 1994 SUBJECT: Bent Pine Golf Club Request for Special Exception Use Approval and Minor Site Plan Approval to Expand an Existing Special Exception Use [SP-MI-94-12-55/IRC #94090147-001] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 10, 1995. DESCRIPTION AND CONDITIONS: Todd Smith, P.E., on behalf of Bent Pine Golf Club, has submitted an application for minor site plan and special exception use approval to expand the maintenance facilities serving the Bent Pine Golf Club. The subject site is located at 5390 61st Street, in the northwest corner of the overall Bent Pine site. Because the site is located within an RM -4 zoning district and proposed expansion exceeds 10% of existing building area, special exception use approval must be granted by the county for the proposed expansion. The aforementioned request was accompanied bya concurrent request for minor site plan approval which has since been approved by the Technical Review Committee (TRC), subject to approval of the the special exception use request. At its December 8, 1994 meeting, the Planning and Zoning Commission voted 6-0 to recommend that the Board of County Commissioners grant approval of the requested special exception use. Pursuant to section 971.05 of the LDRs, the Board of County Commissioners is now to consider the appropriateness of the requested use for the subject site and surrounding area. 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 expanded use with the surrounding area. ANALYSIS: 1. Zoning Classification: RM -41 Residential Multi -Family District (up to 4 units per acre) 2. Land Use Designation: L-2, Low Density (up to 6 units .per acre) mow 9 ��,y� 5� January 10, 1995 3. Surrounding Land Use and Zoning: North: Indian River Farms Water Management Canal/RS-6 South: Bent Pine Golf Course/RM-4 East: Bent Pine Golf Course/RM-4 West: Indian River Farms Water Management Canal/RS--:6 4. Total Area of Development: 3.925 acres 5. Open Space: Required: 40.0% Provided: 80.3% District District 6. Building Area: Existing: 6,880 sq. ft. Proposed: 4,800 sq. ft. Total: 11,680 sq. ft. 7. Traffic Circulation: The maintenance facility will continue to utilize an existing service road system within the Bent Pine project to access the Bent Pine golf course and 61st Street. Access to the site and the internal traffic circulation plan have been approved by the Traffic Engineering Division. 8. Off -Street Parking: Pursuant to the provisions of Chapter 954 for off-street parking, the site is required to provide parking at a ratio of one space per each 500 square feet of maintenance building. Required: 24 parking spaces Provided: 24 parking spaces 9. Stormwater Management: The stormwater management plan has been approved by the Public Works Department. 10. Utilities: County potable water and wastewater services are not available to the maintenance facility site at this time; consequently, well and septic tank systems are proposed. County utilities has no objection to approval of the proposed site plan. 11. Health and Rehabilitative Services (HRS): The county Environmental Health Services Unit has no objection to the proposed site plan application or the special exception use approval. Prior to release of the approved site plan for construction, the applicant must apply for and receive the applicable HRS permits for the on-site septic system and well. 12. Environmental Issues: No upland preservation or wetland requirements apply. Environmental planning staff have no objection to the proposed site plan or the special exception use approval. 13. Landscaping and Buffering: Since the subject development is adjacent to off-site residentially designated property to the north, the specific land use criteria for a golf course require Type "B" buffering -between the new building area and the adjacent, off-site residentially designated area. The landscaping plan is in accordance with Chapter 926 requirements, and provides for the required Type "B" buffering. January 10, 1995 14.- Specific Land Use Criteria: The applicant must satisfy all applicable criteria for golf courses within a RM -4 zoning district. The golf course specific land use criteria of section 971.40(3) are as follows: 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 (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. Staff has verified that the site plan application satisfies all of the specific land use criteria applicable to the site. RECOMMENDATION: Based on the analysis performed, staff recommends that the Board of County Commissioners grant special exception use approval for an expansion to the maintenance facility at the Bent Pine Golf Club. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously granted special exception use approval for expansion of the maintenance facility at the Bent Pine Golf Club. 10 BOOK F�hE 55 January 10, 1995 PUBLIC HEARING - GODWIN REQUEST FOR PD SPECIAL EXCEPTION USE APPROVAL FOR AN AGRICULTURAL PD TO BE KNOWN AS SHADY OAKS FARM The hour of 9:05 a.m. having passed, 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 Jrl. 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 Court, was pub- lished in said newspaper in the 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 beencontinuously 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. ',$woLt1'fwatlil subscribed before me this �(� day oZaC /A.D. 19 OW '',•Q`gFlF1A C. ?'• . ����s, /f," t '.C1:A:it.., ca Lr.c.nr N, rtvn r mess Manager) i Co/rjfi •(:i L #,' 491.'.:u O(tlwnia 1.:; �.,�c..� ,I.a iom, lyl�lga' f...::_.; U'A,.:ARAf:':I'I+Af,,q V � R1 nFl\Q..•° 11 January 10, 1995 camwo t grmrtingof SM reftntW I tae 3 bt wbarbbn on 8p saes to as Shady Oak Forms. The t 'Go'd'e Tow,al maid W B(e above map for B(e btalb hwklgu ham mei a`�'ppab uty" m be hamd. wIn hm it the Bond of Coudy Cam,bebrm of yore may Ve,'tip at %U5 m a may be MRe at thistremkip ws Bort a verbatim reoa I of prooeedpge b which Includes testknM end evidaea upon LasT 48 HOURS 2v ADVANCE of THE tlEEr. No. INDIAN RWM COUNTY BOARD OF COUNTY BY-s,MM W. T*O% Olen t Dec. 16, 1094 1158082 BOOK 94 PAS . 6 r tri Planning Director Stan Boling reviewed the following memo dated December 19, 1994: TO: James E. Chandler County Administrator - MN HEAD �CONCURRENCE: 'R'obert M. Keating, AIC Community Develo went Tirector THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICP Iott\ Senior Planner, Current Development DATE: December 19, 1994 SUBJECT: Charles & Gail Godwin's Request for PD Special Exception Use Approval for an Agricultural PD to be Known as Shady Oaks Farm It is requested that the data herein presented be given formal consideration by the Board of County Commissioners'at its regular meeting of January 10, 1995. DESCRIPTION AND CONDITIONS: Carter Associates, Inc. has submitted an application for PD (planned development) special exception use and preliminary PD plan approval on behalf of Charles and Gail Godwin to create three 10 acre tracts in an agriculturally designated area. The.existing 30 acres is located on the north side of 17th Street S.W., halfway between 43rd Avenue and 58th Avenue. In the past, the property was used for groves and is currently unimproved. The subject property is zoned A-1, Agricultural (up to 1 unit per 5 acres) and has a land use designation of AG -1, Agricultural (up to 1 unit per 5 acres). The proposed 3 tract residential development is allowed in the AG -1 area subject to special agricultural PD provisions contained in LDR sections 911.06(4) and 911.14(2) [see attachment #4]. As a PD project, the process involved in review and approval of this proposal is as follows: Approval Needed Reviewing Body 1. Conceptual Plan/Special Exception PZC & BCC 2. Preliminary PD Plan/Plat PZC 3. Land Development Permits or Waiver Staff 4. Final PD Plat BCC Since the proposed development will require only minor construction, the applicant will be seeking a land development permit waiver from the Public Works Department, as allowed by -the LDRs. If granted, the applicant will then proceed to final plat - 12 P00K 94 rnv 57 January 10, 1995 approval upon completion of the minor construction items and approval of the construction from the Public Works Department. At its December 8, 1994 meeting the Planning and Zoning Commission voted unanimously to grant special exception use approval for the agricultural PD. In addition, the Planning and Zoning Commission granted preliminary PD plan approval subject to Board of County Commissioners approval of the special exception use request. •Board of County Commissioners Consideration Pursuant to Section 971.05 of the LDRs, the Board of County Commissioners is now to consider the appropriateness of the PD use based on the submitted PD plan and suitability of the site for that use. The Board may approve, approve with conditions or deny the PD 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: The proposed preliminary PD plan is actually a preliminary plat that will create three #10 acre tracts, each containing a 1 acre homesite. The 1 acre homesite restriction on each tract will be enforced through a restriction placed on the final plat and a PD site plan. The PD site plan will -identify the 1 acre lots and can be modified through the administrative approval process to move the 1 acre building site. The remaining portions of each tract will be open space and will be restricted to agriculture, recreation, and natural open space uses. These restrictions satisfy requirements of LDR section 911.14(2) [see attachment #4], must be stated on the final plat, and will be enforced and in effect as long as the property is zoned A-1. 1. Size of PD Area: 30.0 acres gross area (before right-of-way dedication) 2. Zoning Classification: A-1, Agricultural District (up to 1 unit per 5 acres) 3. Land Use Designation: AG -1, Agricultural (up to 1 unit per 5 acres) 4. Density: .10 units/acre 5. Open Space: Required: 60.0% Proposed: 89.5% 6. Traffic Circulation: Each tract will access 17th Street S.W. directly via private, unpaved driveways as allowed by LDR section 954.10(3) for driveways in agriculturally designated areas. Due to the size and frontage of the tracts, each tract:'s driveway will meet the 330' separation distance from other driveways as required in Chapter 952 for local roads. Thus, the driveways will be treated as local roads for the purpose of meeting separation criteria. Final driveway design will be reviewed through the -right-of-way permit process with any single family house constructed on an individual tract. 7. Stormwater Management: A conceptual stormwater management plan has been reviewed by the Public Works Department. The public works department will perform a more detailed drainage review in conjunction with the Type "C" permit that is required for each single family house. 13 January 10, 1995 mu 94 FA E 58 8. Utilities: The project will have on-site well and septic tanks for each tract. These utility provisions have been approved by the Department of Utility Services and the Environmental Health Department. 9. Dedicat-ions and Improvements; Presently, 30' of right-of-way exists for 17th Street S.W. which is classified as a minor arterial on the Thoroughfare Plan. Minor arterials such as 17th Street S.W. require an ultimate right-of-way width of 100'. The applicant will be dedicating without compensation 30' of right-of-way prior to via the final plat to bring 17th Street S.W. up to the local road standard of 60'. At a later date, the county will need to acquire the remaining 40' to complete the 100' width. The county does not wish to purchase the future right-of-way at this time, and the proposed design accommodates the 100' ultimate right-of-way. Since the proposed development is a low volume traffic generator/attractor and is located outside the urban service area, the applicant is not required to pave 17th Street S.W. No sidewalk or bikeway improvements are required, and none are proposed. 10. Concurrency: The applicant has obtained a- conditional concurrency certificate which satisfies concurrency requirements related to the special exception use and preliminary PD plan requests. Prior to receiving an LDP waiver, the applicant will be required to obtain an initial concurrency certificate or execute a_ concurrency acknowledgement form. 11. Environmental Issues: There are no environmental issues related to this project. 12. Buffers: Given that the surrounding area is presently used for and is designated for agricultural purposes, no special buffering is required. Since the 30' A-1 district yard setbacks exceed the 25' planned development perimeter setback, the 30' A-1 district setback will control. Therefore, no special setbacks are requested, and none will apply to this project. 13. Waivers: The applicant is not requesting any waivers through the PD process. 14. Surrounding Land Use and Zoning: North: South: East: West: RECOMMENDATION: Grove/A-1 Grove/A-1 Grove/A-1 Single Family/A-1 Based on the above analysis, staff recommends that the Board of County Commissioners approve the PD special exception use request, with the following conditions: 1. That prior to or via final plat approval and recordation, restrictions, as described in this report, be established regarding a maximum homesite area and uses on remaining areas in a manner acceptable to the County Attorney's Office. 2. That prior to or via the final plat, 30' of additional right- of-way be dedicated without compensation for 17th Street S.W. 14 January 10, 1995 mor 94 59 Commissioner Adams asked for clarification of "homesite on ten acres," and Director Boling explained that it required the home parts, e.g.: lawn, yard, pool, house, etc., to be clustered together and the rest of the property would remain rural, agricultural, pasture, or open land. Chairman Macht asked if that boundary was surveyed and made part of the record, and Director Boling advised that it could be recorded either directly on the plat or on the site plan which accompanied the application. He commented that one advantage of a Planned Development was a homeowner could modify the site plan and he believed that this development would be controlled by site plan. Commissioner Bird asked if their approval would preclude the remaining acreage from being developed later into home sites, and Director Boling responded that it would not; that the Land Development Regulations provided that the BCC could release any restrictions with a further Comprehensive Plan change. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the PD special exception use request with conditions as set forth in staff's recommendation. 15 January 10, 1995 �wK P�,u 60 PUBLIC HEARING - PAVING - & DRAINAGE IlVIPROVEMENTS TO 79TH STREET BETWEEN 101ST AVENUE & 91ST AVENUE IN VERO LAKE ESTATES SUBDIVISION The hour of 9:05 a.m. having passed, the County Attorney announced that this public hearing had been properly advertised as follows: . 79TH STREET BETWEEN 1111'9T AVENUE AND 91ST STREET . .� VERO BEACH PRESS -JOURNAL ,1RESOLU VERO LAIEESTATES SUBONISION MNO.s4155 �/! A RESOLUTION OF MAN LOVER COU*- TY. FLORIDA. SETTING A TatI AND Published Daily ! ; RAM WHICH TIME OWNERS OF Ty ON 79TH1 STREET BETWEEN eH.r. • `�. 1 a Vero Beads. Indian River County. FI dL1 101ST AVENUEAND 91ST AVENUE N VERO LAKE ESTATES SIGN AND � MA BOARD SWORE THE SCOUNTY CONMASSIONERS AND 9E HEM AS TO PROPRIETY AND ADVISABLITY COUNTY OF INDIAN RIVER STATE OF Fl OR10ATHE Before the undersigned authority personally appeared J. J. Schumann. Jar Who en,b>tth w ,fMOVEMENTS TO SAID PROPERTYes TO THE COST THEREOF. AS TO THE Says that he Is Business Manager of the Vero Beach Press -Journal, a dally newsphpar•pu6lithed Agwp� Pp � Ip W at Vero Beach M iridian River County, Florida, that the attached copy of advertisement, being SPECIALLY ASSESSED AGAINST EACH PROPERTY ' a BEtEFRim THEREBY. WF l3M ft Board of Canyr Camteebae Rhar 0 tift ce Resoulan Dd* / /SS rearm 4 Is ed Mat of GIN' 1 of the, necessary for In the matter of • L - - as to � kPWMWft 6e 10 mar diolobft Board e an las Red wth the C7ak to the Board: and In the Court, was pub- WHEREAS. Seaton 209.09, MennaRkw Comy . e e Por �slaiarodpfeee at which the can. ' ere of to properbs to to assesm a anry taker panaa hferame0 Ohaekh mry bmae to Board of Col dealer- Mid be heard 88 tlsfbd M Bald newspaper M the Issues of ' Lha prapralydad of mdit law aM b amd prappary�. me _ �'Z J • �and � tm as to the as ed to to 'ach end REI &M BY THE BOARD OF BE n Afllant further says that the said Vero Press -J nal is a newspaper published at Vero Beach, M said Indian River County, Florida, and that the said newspaper has heretofore OF µ 1. DANK VER COU mn taR , p,� no m t,e Carat been continuously published M said Indian River County, Florida, each daily and has been Cm.rhaslar gambaa In to Canty Adnrrstretar entered a$ SOCOnd class mail matter a1 the post office in Vero Beach, In sold Indian River Coun• s► to haw of 9:05 AAL an Tuo"" • .len+- 1 01 reB at witch an tm O ty, Florida, for a period of one year next preceding the first publication o1 the attached copy of ' to , prepaNea to be assessed end erry afar kdaead advertisement: and affiant further says that he has neither paid nor promised any person, firmray eDPea betas�ros�oalrdcarmselm ad or corporation arty discount, rebate. commission or refund fort a purpose of securing this advertisement for in the ry "and re ebb The M bbto owbe fmadthe pubticelion said newspaper. , ace nam demEeO Omn�btlbacrlbed UJ. A�.,�.,' penans krereaad h the omirharho" of ems YY'ti . • b:ePthis �QQ`• N•O',,q , �YYYY_ two bear '� coam IN bene review M = Ag, IA4 GT s msessmad plat to areal be . easem. me asesearare tat. to pias and speol (Business Manoper) GC tratora emd Improamena, and an on. of • f1AR1tAnAr, rnarrR.fNfTARY1't1101C, %oft '""'�;�' to mm tared at the often or: the perk to the Boadagacmkdryban8:30A.M.um1A'OOP.M. �?y8�f State.JFHuWe.lAv::wku..r::onI.u..wr.n29.1997 (i Ne GV • t _-.- Canwmnsw... Moro- CCXXF'12 ft hmn � Mobeer a &N bei PP L)L : �• •• Ll v pof Waft by two peper sora k to Vero Th Bead) PredJaMal tk�pa' weak spat the tem t ehe- .•' .r )p '�f,'; \OP`'••��• Signed: i.0 •ii:. s_ 7..•' -.. •",-•£, .t�•t[.�.�.► be at low o re week prior to the to of e ka- The hit idea Coar" Oepabred of Pulse �Op�.p�•• Notary ttAN:tanA r: MIAGITF �' '' Wale Shot ghs to oarar of each propeny to be - .�' � aseaesad et Isom ten deye notoe h wreg 16 January 10, 1995 amkerenohgaa0aapy 01 MO rptoe to each a Such PMP- VLM op The ' addracca reso4d h � m a foredaptar by Cao- Cormteebrar AdMM and g m bbeeN pL4 to be Vote. the axewas e4sAr UR0=17ro�bpSw�x Cor-deabe Fran B. Adana AAyep Camiaar CaroEggert AbwO mtin K. The --re" taa4en reload to racakdorh aM Maecl ad eaoptea ma a my a Baoahea. 99a BOARD OF COUNTY COMMISSIONERS OF MO RNQt COLMY. FLORIDA BwaJdn W. Tbpk% t Atteab- pSJmhga"K BBaarrppo^,n�,�Clark 0 27 1 II, Jana 1985 1198825 EkOOK 94 PnE 61 COUNTY OF INDIAN RIVER: STATE OF FLORIDA ousel J J Schumann, Jr who an oath Before the undersigned authority persona appeared pin says that he Is Business Manager 01 She Vero Beach Press-Joumab a daily newspaper Published at Vero Beach in Indian RNer County, FhWdW that the attached copy of advertisement. being a In the matter of y✓ a .� �� �� � �i ' L`�y In the Court, was pub- Iislred in said newspaper In the issues Of Affiant further says that the said Vero Beach Press -Journal is a newspaper pub�lisheetoat re Vero Beach. in sell Indian Rim County, Florida. and that the sold newspaper been continuously Published in said Irndtan River County. Florida. each daily and has been entered as second class mail matter at the post office in V ropublicationof the attached copy of ty, Florida, for a period of erre year next preceding e 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 �yRrisement for publication in the said newspaper. ,qN �••4. r da of lk0r- r A.D. 19 %.p becribed ra this Y since Nonage,) m a [ :.11fIAltA C nrnaGrW NOTAlry f'lIR] 16. r llilt b ter � obw r fatrael Oetraen". h 8tOadfet Araaa Vec ldm tables &h6bim fm Veli lake EataNe PnprslY , .? , Ian d oft ad dal. ebf tmoaam Tax Cateala rye arta fm Cm d b.all= ife tlb d � doWd I nab" and jr A 8, C, D. E F, Ula L. Sub,Bib* D. E F. a Ura It Vali =T, F .A K K o. UM die B8♦e>ae Bock 24. Ua W Vara Lab MA.D.EKUMfx1. bms8ubddel2C ddr 22. UM take E11- Vee tEa- s?2.U'a4,Veel&erII B�lack 21. 2D, Unit 4. Vera Lake otnMU FT d ft NE 'A MWW330FTof8810FT 'CRE BE R RESOLVED BY THE ]LINTY commosvem OF & NTY, FLORQA. es kanve: oD naeab am el6aed sd redrted rprldrp Bred far pevtV end Yn- tBDI ketwaen t,,. ICvene r In Vero Lela Eetabe BuhdNslaa mood as Pi to waft nafed No. appowd Ubpei to fm Haas out- Im apfo ryOwrtn�t orad Adore a4 a�poa r. fm voleeme n bbrrs w. >e IL Madel ' : Aye NBW ;�' A" Uron frelga dgdaed fm neeoMroorl ed d d I RMM COUIITY. FLCRDA r W. �TTopnClak, lies DC 1168872 Civil Engineer Michelle Gentile reviewed the following memo dated December 28, 1994: 17 January 10, 1995 Bm 9 4 P,�;. 6 Q-1 ' t VERO BEACH PRESS -JOURNAL �. E994 f dam+ N RECEIVE -0 cot 1 Published Dally N ENGINEERING DIVISION 0 Fiv°RF Vero Beach. Indian River County, Florida r g nE �6lv, ^``✓ _ ME COUNTY OF INDIAN RIVER: STATE OF FLORIDA ousel J J Schumann, Jr who an oath Before the undersigned authority persona appeared pin says that he Is Business Manager 01 She Vero Beach Press-Joumab a daily newspaper Published at Vero Beach in Indian RNer County, FhWdW that the attached copy of advertisement. being a In the matter of y✓ a .� �� �� � �i ' L`�y In the Court, was pub- Iislred in said newspaper In the issues Of Affiant further says that the said Vero Beach Press -Journal is a newspaper pub�lisheetoat re Vero Beach. in sell Indian Rim County, Florida. and that the sold newspaper been continuously Published in said Irndtan River County. Florida. each daily and has been entered as second class mail matter at the post office in V ropublicationof the attached copy of ty, Florida, for a period of erre year next preceding e 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 �yRrisement for publication in the said newspaper. ,qN �••4. r da of lk0r- r A.D. 19 %.p becribed ra this Y since Nonage,) m a [ :.11fIAltA C nrnaGrW NOTAlry f'lIR] 16. r llilt b ter � obw r fatrael Oetraen". h 8tOadfet Araaa Vec ldm tables &h6bim fm Veli lake EataNe PnprslY , .? , Ian d oft ad dal. ebf tmoaam Tax Cateala rye arta fm Cm d b.all= ife tlb d � doWd I nab" and jr A 8, C, D. E F, Ula L. Sub,Bib* D. E F. a Ura It Vali =T, F .A K K o. UM die B8♦e>ae Bock 24. Ua W Vara Lab MA.D.EKUMfx1. bms8ubddel2C ddr 22. UM take E11- Vee tEa- s?2.U'a4,Veel&erII B�lack 21. 2D, Unit 4. Vera Lake otnMU FT d ft NE 'A MWW330FTof8810FT 'CRE BE R RESOLVED BY THE ]LINTY commosvem OF & NTY, FLORQA. es kanve: oD naeab am el6aed sd redrted rprldrp Bred far pevtV end Yn- tBDI ketwaen t,,. ICvene r In Vero Lela Eetabe BuhdNslaa mood as Pi to waft nafed No. appowd Ubpei to fm Haas out- Im apfo ryOwrtn�t orad Adore a4 a�poa r. fm voleeme n bbrrs w. >e IL Madel ' : Aye NBW ;�' A" Uron frelga dgdaed fm neeoMroorl ed d d I RMM COUIITY. FLCRDA r W. �TTopnClak, lies DC 1168872 Civil Engineer Michelle Gentile reviewed the following memo dated December 28, 1994: 17 January 10, 1995 Bm 9 4 P,�;. 6 TO: James Chandler County Administrator THROUGH: James W. Davis, P.E Public Works Director and v� Roger D. Cain, P.E. County Engineer �2 FROM: Michelle A. Gentile, C.E.T. Civil Engineer SUBJECT: Public Hearing for the Paving & Drainage Improvements to 79th Street between 101 st Avenue and 91 st Avenue in Vero Lake Estates Subdivision DATE: December 28, 1994 DESCRIPTION AND CONDITIONS On December 6, 1994, the Board of County Commissioners adopted Resolution No. 94-154 providing for certain paving and drainage improvements to 79th Street between 101 st Avenue and 91st Avenue in Vero Lake Estates Subdivision. This project is a Public Works Department initiated public improvement assessment in cooperation with the Vero Lake Estates Property Owners Association Road & Drainage Committee. On December 6, 1994, the Board of County Commissioners adopted another Resolution 94-155 setting the date and time for a Public Hearing to discuss the advisability, cost and amount of the assessment against each property owner. This hearing is scheduled for January 10, 1995. ' • ���I ��� , • � !• LLQ The project cost is estimated to be $328,126.01. The following Revenues are recommended: Vero Lake Estates MSTU $307,571.75 Account No. 185-214-541-066.51 Special Assessment 20.554.26 Account No. 111-214-541-035.11 TOTAL $328,126.01 It is recommended' that motions be made to approve the assessment roll and confirming resolution with changes, if any, made after input at the January 10, 1995 Public Hearing. Revised confirming resolution and assessment roll will be forwarded to Chairman of the Board for signature. The Assessment Roll and assessment plat are on file with the Clerk to the Board of County Commissioner's office. 18 Z14 PAU January 10, 1995 The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 95-08 confirming the assessment roll for certain paving and drainage improvements to 79th Street between 101st Avenue and 91st Avenue in Vero Lake Estates Subdivision. RESOLUTION NO. 95-08 A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE ASSESSMENT ROLL FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 79TH STREET BETWEEN 101ST AVENUE AND 91ST AVENUE IN VERO LAKE ESTATES SUBDIVISION. WHEREAS, the Board of County Commissioners of Indian River County adopted by Resolution No. 94-154, providing for certain paving and drainage improvements to 79th Street between 101st Avenue and 91st Avenue in Vero Lake Estates Subdivision; and WHEREAS,. said resolution described the manner in which said special assessments shall be made and how said special assessments are to be paid; and WHEREAS, the _resolution was published as required by Section 206.06, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 94-155 on December 6, 1994, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by Section 206.07, Indian River County Code; and 19 January 10, 1995 NOK 94 pmq& 64 WHEREAS, notice of the time and place of the public hearing was published in the Vero Beach Press Journal Newspaper on December 27, 1994, and January 3, 1995, (twice one week apart, and the last being at least one week prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the land owners of record were mailed notices at least ten -.days -prior to the hearing, as required by Section 206.06, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday, January 10, 1995 at 9:05 A.M. conducted the public hearing with regard to the special assessments, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 3. The County will record the special assessments and this resolution, which describes the properties -assessed and the amounts of the special assessments, on the public records, which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner €gge-rt- , and the motion was seconded by Commissioner Adams and, upon being put to a vote, the vote was as follows: ,Chairman Kenneth R. Macht Aye Vice Chairman Fran B. Adams Aye Commissioner Richard W. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner John W. Tiaain Aye 20 January 10, 1995 94 65 The Chairman thereupon declared the resolution duly passed and adopted this 10 day of January , 1995. BOARD OF COUNTY COMMISSIONERS IND"ENNETH COU FLORIDA �. BY D. AC -H. _ 4 Tt CH�RAN Attest: Js K.MASSMENT , Cl rk AttachmentROLL PUBLIC HEARING - WATER EXPANSION PLAN - PHASE IV, RES. III 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 on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of in the Court, was pub- lished in said newspaper in the issues of - /%� �� 44 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 arty person, firm or corporation.any discount, rebate, commission or refund for the purpose of securing this ady,gAg�en,,tor publication in the said newspaper. or BA C MN cribed before me this day ofq�Z 19 A •: M ij 0 N4 D�s97 i qy 72 i OP FLORA"'''' n- (Bus ness Manager) c SARRANA r SIMA ut . tl. )!Ally Prli11 IC. Staloul l lar..la• Idy Ctnr.nu.�,,,•1 Ru .;una'<9. 19a7 .wtaneswt flume. r t �.,tlittil7 Notary; HARNAftAC;;I'1tAG11F �{ 21 January 10, 1995 The hoard of Floes ore' a of Nh-_ iL.. U ..� . r Z 906 A.M. - nn.c.. 'for 8;,;W eft lane ht be macre Dl=on the plop ft to be ew"d. ArW" who mal' w%h m enY del wm width be made M thb ataatng wa Ind to WM" pddClta in teath=1 ald e Wffl Wt" ft Mat is boad. Any" who reeft a qWW ae wwadatim for fhb may txxdW the Qwmtya Amerioene With Act 4WAj C -011W et 561' . Ext 406, at beet 48 Iblae in MW= Ole Deg 18,1994 1155698 607 Assessment Projects Manager James Chastain reviewed the following memo dated January 3, 1995: DATE: JANUARY 3, 1995 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTI'ERVICES PREPARED JAMES D. CHAST AND STAFFED MANAGER OF ASSE NT PROJECTS BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: WATER EXPANSION PLAN - PHASE IV RESOLUTION III - PUBLIC HEARING INDIAN RIVER COUNTY PROJECT NO. UW -93 -32 -DS BACKGROUND On December 6, 1994, the Indian River County Board of County Commissioners approved Resolutions 94-156 (Resolution I) and 94-157 (Resolution II), which contained the preliminary assessment roll and established the date of the public hearing for the subject project. Property owners have been notified of the public hearing by certified mail. Resolution 94-156 was published in the PRESS JOURNAL on December 13, 1994. (See attached agenda item and minutes for the above meeting.) ANALYSIS Design of the water distribution system is complete. Approval of the attached Resolution III will confirm and approve the preliminary assessment. Informational meetings were held for the property owners on December 19 and December 21 at 7:00 p.m. in the County Commission Chambers. The attached map displays the area to benefit from the assessment project. The project will generally serve the following described areas: Subdivision -------------------------------------------------------------------- Unit Lots IDs Location Paradise Park 1 371 247 90th Ave. to 84th Ct. 2 487 329 20th to 26th Streets Oslo Park 2 197 152 9th Ct., SW to 18th Ave., SW 2A 92 71 11th St. to 13th St., SW 2B 271 215 Pompeys 25 13 9th Ct., SW/south of Oslo Metes and Bounds- Road/9th Street, SW (nonplatted) Acreage Parcels 30 30 Various - throughout the -------------------------------------------------------------------- above Totals 1,473 1,057 22 - 67 January 10, 1995 o�K 94 mu The total estimated project cost is $1,804,740.12. The total estimated cost to be assessed is $1,484,487.37, ($1,804,740.12 less a non -assessed Master Plan transmission main cost of $320,252.75). The total estimated cost per square foot is $0.149617. This project is to be paid through the assessment of property owners along the proposed water line route. In the interim, financing will be through the use of impact fee funds. Ninety-eight and one half percent (98.5%) of the properties are substandard or "undersized," according to Indian River County's Comprehensive Plan and the County Public Health Unit, Division of Environmental Health, which require that new lots utilizing well and septic systems be a minimum of one-half acre. If served by a public water system, the lot may be reduced to one-quarter acre in size. Lots not meeting these minimum standards are called "undersized lots." The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Resolution III. The Chairman opened the public hearing and asked if anyone wished to be heard in the matter. Barry Gerstner, 1146 S.W. 12 Court, employed by Vero Machine on 36th Court, asked if the water would be coming through the same main as the water received at Vero Machine. Utility Services Director Terry Pinto responded they were on the same main with water from the same water treatment plant. Mr. Gerstner quoted high levels of chlorine and salt from a water test report by Perkins Products, the coolant supplier for Vero Machine. He and others at the shop believe that the water was not fit to drink and if this water went into his home he would require an R/O system. Director Pinto . assured him the water was more than safe to drink, that the County used the reverse -osmosis process in the water treatment plant, that chloride levels are lowered to a point required by the Federal Drinking Act, and the water meets all the standards that the Federal government requires. With respect to hardness, they had to be careful not to make it too soft or too hard. Mr. Gerstner advised that he and most of his neighbors were unable to drink the water in their wells, had to have water purification systems in their homes, and most were not thrilled about the plan. 23 January 10, 1995 E`��" ZJ 4 FA.,V. 68 Director Pinto again assured him of the health and quality standards the water met, agreed that the wells in his area were poor, and recognized that certain individuals have certain tastes. He offered an analysis of the water at any time in an effort to assure him that it meets all standards. Chairman Macht asked for a copy of the Federal standards and a copy of Indian River County water tests for information purposes. Commissioner Tippin expressed great satisfaction with the water he received from the same water main on Oslo Road. Scarlett Beach, 2345480th Avenue, Vero Beach, asked when the project would be started, when it would be completed, and wanted assurance that her property would be restored as it was before the construction. She also inquired whether it was required to hook up, since she had a well and septic system that she was very happy with and had recently spent about $1,000 to achieve that. Director Pinto estimated the construction would take a year and about 18 months before the first assessment. The assessment covered the lines and the available benefit, but she did not have to connect; sewers were not being installed. He further advised that a video of the entire area would be taken to ensure that the properties would be returned to their original condition. Ms. Beach also inquired .if the County was planning to blacktop her road so they will not have the water drainage problem they experience now. Public Works Director Jim Davis advised of the County's Petition Paving and Drainage Program, but he believed there was not presently a program for that particular street. Sam High, 1925 22nd Avenue, Vero Beach, and owner of land in the Oslo Park area was assured that this hearing was relative exclusively to water expansion plan UW -93 -32 -DS. He referred to the charts and advised that he was familiar with the area the project is supposed to cover. He asked if the expansion plan now cover land to the west of 27th Avenue, 13th Court SW. He advised that he was opposed to projects to deliver water into areas without paved roads and heavier population. He was assured that water service for the heavier populated area was in progress. It was suggested that he go to the Utilities Department so they could clarify the project area. Commissioner Adams advised that one thing that drives water improvements is the Health Department, which will not allow development in certain areas without sufficient water service, not whether the street was paved nor the location or value of the home. 24 January 10, 1995 NN 0AaC 9 Director Pinto indicated that it was easier to put in water lines before paving and many of the lots were presently unbuildable because they were too small to have a septic tank and a well. He believed it timely to put water service there. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 95-09 confirming the special assessments in connection with Phase IV of the Water Main Extension Growth Plan and providing for special assessment liens to be made of record. Public Hearing (Third Reso. ) 12/04 -V31 / X114-- said C THE RECORDS 00 IN K. BART ON CLERK UFrr NDIANfl VERICO..,FLA. RESOLUTION NO. 95- 09 C=) co A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN N CONNECTION WITH PHASE IV OF THE WATER MAIN w EXTENSION GROWTH PLAN AND PROVIDING FOR -- SPECIAL ASSESSMENT LIENS TO BE MADE OF O RECORD. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 94-156, adopted December 6, 1994, determined to make special assessments against certain properties to be to CnL serviced by Phase IV of the Water Main Extension Growth Plan of the County; and a WHEREAS, said resolution described the manner in which said special assessments shall be made and how said special assessments are �- N to be paid; and WHEREAS, the resolution was published in the Vero Beach Press Journal, as required by Section 206.04, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 94-157 on December 6, 1994, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by Section. 206.07, Indian River County Code; and 25 January 10, 1995 BooK �4 FarF- 70 RESOLUTION NO. 95-� WHEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on Friday, December 9, 1994, and Friday, December 16, 1994 Ftwice one week apart; the last being at least one week prior to the hearing) , as required by Section 206.06, Indian River County Code; and WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Section 206.06, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday, January 10, 1995, at 9:05 a.m. conducted the public hearing with regard to the special assessments, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 2. The County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records, which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Bird , and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice . Chairman Fran B. Adams A y e Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert A y e Commissioner John W. T i p p i n Aye The Chairman thereupon declared the resolution duly passed and adopted this 10th day of January, 1995. c:r;. BOARD OF NTY COMMISSIONERS .. •, INDIAN R R COU Y, L IDA By Kennetv ac Je €ea K.-:Barto aElerk* Chairman Attachment: ASSESSMENT ROLL 26 January 10, 1995 BOOR( WORKSHOPS SCHEDULED FOR MALCOLM PIRNIE SOLID WASTE STUDY AND PRELEMI NARY BUDGET MEETING The Board reviewed the following memo dated January 4, 1995: TO: Board of County Commissioners DATE: January 4, 1995 FILE: SUBJECT: Schedule Workshops x4e�� FROM: county .kdmistrdator REFERENCES: Board consideration is requested to schedule individual workshop meetings in January for presentation of the Malcolm Pirnie Solid Waste Study and the preliminary budget meeting. Since there is no regular Board meeting scheduled January 31st, the Board may want to consider one or both that week. At the preliminary budget meeting a status report on the current years Sales Tax Program will also be presented. Following a brief discussion, the Chairman announced that there was consensus to hold both workshops on Tuesday, January 31, 1995, beginning at 9:00 a.m. Executive Aide Alice White asked if the Board wanted the meeting televised, and Chairman Macht responded that the preliminary one would not be, but the next one would be. ADOPTION OF HAZARDOUS MATERIALS EMERGENCY PLAN The Board reviewed the following memo dated January 3, 1995: TO: Board of Count Commissioners THROUGH: Doug Wright, Director Department of Emergency Services FROM: John Ring, Emergency Management Coordinator X Division of Emergency Management -- DATE: January 3, 1995 SUBJECT: APPROVAL OF RESOLUTION ADOPTING THE INDIAN RIVER COUNTY HAZARDOUS MATERIALS EMERGENCY PLAN 27 January 10, 1995 94 It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: On November 28, 1994, the Department of Emergency Services received State approval for the Indian River County Hazardous Materials Emergency Plan which was submitted August 31, 1994, to the Florida Department of Community Affairs, Division of Emergency Management. The submitted plan, consisting of over 800 pages, is measured against compliance criteria established by provisions of Section 303 (g) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and administrative rulings by the State Emergency Response Commission. The Board of County Commissioners' adoption of the plan finalizes grant agreement 94EP-lX-10-40-22-014 between Indian River County and the Department of Community Affairs. ALTERNATIVES AND ANALYSIS: Recognizing the threat that hazardous materials pose to both the population and the environment, the State Legislature has extended funding authorizations to reimburse counties for resources required to update and maintain an operationally functional hazardous materials response plan. As the number of qualifying facilities subject to SARA reporting increases, on-site inspections and population protection measures are determined and added to the plan. The Florida Administrative Code requires that each county government have a current hazardous materials emergency response plan that specifically defines governmental agency authorities and responsibilities within the framework of the County's emergency response. Adoption of the 1994/95 plan will serve as replacement of the 1991 plan and includes the most current Extremely Hazardous Substances (EHS) chemical storage quantities reported to the State Emergency Response Commission. Indian River County currently has sixty-one (61) facilities that meet Threshold Planning Quantity (TPQ) requirements with twelve (12 ) other facilities identified but not meeting TPQ requirements. _ RECOMMNDATION: Staff recommends that the Board of County Commissioners approve the attached Resolution along with the 1994/95 Indian River County Hazardous Materials Emergency Plan. Pursuant to approval, the plan will be disseminated to the various emergency agencies within the County. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 95-10 approving the Indian River County Hazardous Materials Emergency Plan. 28 January 10, 1995 NON RESOLUTION NO. 95_10 Resolution of the Board of County Commissioners of Indian River County, Florida, approving the Indian River County Hazardous Materials Emergency Plan WHEREAS, Chapter 252, Florida Statutes, assigns to the Board of County Commissioners responsibility for disaster mitigation, preparedness, response and recovery; and WHEREAS, with the enactment of the Emergency Planning and Community Right -To -Know Act of 1986, Congress imposed upon Local Emergency Planning Committees and local governments additional planning and preparedness requirements for response to emergencies involving the release of hazardous materials; and WHEREAS, each county within a Local Emergency Planning District is required to develop an Emergency Response Plan for Hazardous Materials to become a component part of the local Emergency Planning District Plan; and WHEREAS, Indian River County's Hazardous Materials Emergency Plan has been reviewed and approved by the Florida State Emergency Response Commission for Hazardous Materials as meeting the criteria for such plans established by the Administrator, United States Environmental Protection Agency and the National Response Team; and WHEREAS, this plan is intended to provide the framework for the development of detailed operating procedures by first response public safety agencies .charged with the responsibility of protecting the public's health and safety from the discharge or release of extremely toxic chemicals. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: Indian River County's Hazardous Materials Plan be hereby adopted. The foregoing Resolution was offered by Commissioner Adams who moved its adoption. The motion was seconded by Commissioner FggPrt , and upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht - ye Vice -Chairman Fran B. Adams Ay e Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner John W. Tippin Aye The Chair thereupon declared the Resolution duly passed and adopted this _yp_ day of ..laniary 1995. Attest — eeff, ey K. Bart , Clerk �\c t o� Lam. C 29 January 10, 1995 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Kenneth R. Mach ,Chairman 1 wF wt 74 INDIAN RIVER MEMORIAL HOSPITAL MEDICAL TRANSPORT SERVICE - EMS CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY RENEWAL The Board reviewed the following memo dated January 4, 1995: TO:- Board of County Commissioners THROUGH: Jifa•Chandler, ounty Administrator FROM: Doug.Wrigh! Director Department of Emergency Services DATE: January 4, 1995 SUBJECT: Approval of Renewal of EMS Certificate of Public Convenience and Necessity for Indian River Memorial Hospital Medical Transport Service It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next regular scheduled meeting. DESCRIPTION AND CONDITIONS: In January, 1993, the Indian River County Board of County Commissioners approved an EMS Certificate of Public Convenience and Necessity for the Indian River Memorial Hospital Medical Transport Service. The certificate was necessary in order to comply with rules of the Florida Department of Health and Rehabilitative Services for .the Indian River Memorial Hospital to provide an EMS service limited to interfacility advanced life support and non- emergency transport. The certificate was for a period of two years pursuant to the Indian River County Code of Laws and Ordinances, specifically Chapter 304. The existing certificate will expire on January 11, 1995, and the renewal process should be accomplished at this time with expiration of the new certificate, if approved, being January 11, 1997. - ALTERNATIVES AND ANALYSIS: The Indian..River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe -that the public health, safety, and welfare require it. An application has been received from the Indian River Memorial Hospital 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. This provider, as with all others, will continue to be subject to the authority of the EMS Director and the Medical Director for compliance with state statutes, administrative rules, and the Indian River County Code of Laws and Ordinances. RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve and renew the Certificate of Public Convenience.and Necessity for the Indian River Memorial Hospital Medical Transport Service to be effective for a period of two years. The certificate should specify that the EMS services is limited to interfacility advanced life support and non -emergency transport. 30 January 10, 1995 ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously approved renewal of the Certificate of Public Convenience and Necessity for the Indian River Memorial Hospital Medical Transport Service for two years and which is limited to inter- facility advanced life support and non- emergency transport. COPY OF CERTIFICATE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD COUNTY ADMINISTRATION BUILDING RENOVATIONS General Services Director Sonny Dean reviewed the following memo dated December 27, 1994: TOs HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER DATE: DECEMBER 27, 1994 COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVICES SUBJECTS COUNTY ADMINISTRATION BUILDING RENOVATIONS BACKGROUND: In January 1994, staff presented to the Board a renovation plan that would allow for expansion of work area for staff and some Constitutional offices. This plan included the following: 1. Renovation of the Courthouse Annex and move Utility Services into that building. 2. Expand Emergency Services into the space vacated by Utility Services. 3. Renovate the storage area now used by Tax Collector and Property Appraiser, to accommodate the Clerk's Data Processing now located on the Second Floor. 4. Move Risk Management into a portion of the old Data Processing area. 5. Move the Mail Room into where Risk Management is now. 6. Expand the Tax Collector into the old mail room and adjoining spare office area. 7. Expand Personnel into a portion of the Tax Collector's area. S. Move the Tax Collector's and Property Appraiser's storage into the area presently occupied by Animal Control. 9. Make minor renovations to the old State Attorney's office building, to use as storage that requires a controlled atmosphere. 31 January 10, 1995�c .F; The Board approved $617,000, for the above listed renovations to come out of the "one cent sales tax" monies. As an alternative, the Board has requested staff look at using the old Health Clinic for Utility Services rather than the Annex. The following information is furnished for comparison nurnoses! OLD HEALTH CLINIC There are 4,981 net square feet in this building. Utilities presently.'has 4,987 square feet in the Administration Building. The VOA study indicated Utilities would need 7,288 gross square feet, by the year 2000. To meet this need would equate to an additional 2,760 square feet of new construction be added to the building. COURTHOUSE ANNEX This building has 12,150 net square feet that can be used and will be more than enough room to meet the year 2000 projected requirement. The above does not reflect the cost of furnishings. It is estimated that furniture would be about $45,000 for the clinic and about $72,000 for the annex. Impact fees have not been calculated because we are not sure if the City will classify this as a change of use. In response to a proposal, in March of 1994, Gee and Jenson, Engineers -Architects -Planners, Inc. presented a study on indoor air quality for the County Administration Building. In that proposal they submitted a complete retrofit of the HVAC systems in the building. The consultant estimated this work to take thirty-eight (38) weeks to complete at a cost of approximately $1,138,500 not including any cost associated with moving departments and personnel to other locations to accommodate the construction work. ANALY818a The Board approved $1,138,500, out of the "one cent sales tax" monies to perform the above described work. It is staff's feeling that the projects outlined above should be combined :since major construction will be required for both projects and to save on cost associated with contractors, architect/engineering fees and etc. RECONMENDATZONSS It is recommended the Board authorize staff to release an RFP for an architect/engineering firm and to proceed with the steps necessary to hire a qualified company to perform the work required. January 10, 1995 32 �� B®OK 9Gl: e COST COMPARISON Health Clinic Old Annex New Construction $179,920 N/A Renovations 215,000 $303,950 Site Work 49,000 N/A A/E 35,576 28;636 Drive -Up Window 15,000 15,000 Elevator N/A 39,000 Contingency 26.265 17,897 Total $521,545 $404,483 The above does not reflect the cost of furnishings. It is estimated that furniture would be about $45,000 for the clinic and about $72,000 for the annex. Impact fees have not been calculated because we are not sure if the City will classify this as a change of use. In response to a proposal, in March of 1994, Gee and Jenson, Engineers -Architects -Planners, Inc. presented a study on indoor air quality for the County Administration Building. In that proposal they submitted a complete retrofit of the HVAC systems in the building. The consultant estimated this work to take thirty-eight (38) weeks to complete at a cost of approximately $1,138,500 not including any cost associated with moving departments and personnel to other locations to accommodate the construction work. ANALY818a The Board approved $1,138,500, out of the "one cent sales tax" monies to perform the above described work. It is staff's feeling that the projects outlined above should be combined :since major construction will be required for both projects and to save on cost associated with contractors, architect/engineering fees and etc. RECONMENDATZONSS It is recommended the Board authorize staff to release an RFP for an architect/engineering firm and to proceed with the steps necessary to hire a qualified company to perform the work required. January 10, 1995 32 �� B®OK 9Gl: e The Board discussed at great length the pros and cons of the renovations as suggested in the memo and asked pertinent questions of Director Dean and Administrator Chandler. Because it made sense to do both the renovation and the air-conditioning replacement work at the same time, the Board wanted assurance that there were no other factors to be considered, such as the School Board renting the building, the possibility of the City of Vero Beach collecting Utilities' payments, future use of the Old Courthouse Annex, before they committed to the expense. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Adams, to approve staff's recommendation. Board members continued to explore various scenarios including relocating some of the constitutional officer's offices to the old State Attorney's Office or selling it to raise capital; drive -up collection of Utilities payments, and whether those actions would benefit the public. They discussed the scope of the RFP and were given estimates of planning costs for the projects. Commissioner Bird suggested possible expansion of the Administration Building; Chairman Macht agreed and further suggested consideration of a 15 -year plan. Commissioners Eggert and Adams WITHDREW their earlier motion and second. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously tabled discussion for a month to allow time for staff to bring back more information. 33 ^ a ; January 10, 1995 FLORIDA GEOLOGIC DEPT. SEDIlAENT SURVEY The Board reviewed the following memo dated January 3, 1995: TO: James Chandler - County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Don Donaldson, P.E. Coastal Engineer SUBJECT: Florida Geologic Department Sediment Survey DATE: January 3, 1995 The Florida Department of Environmental Protection Geologic Survey is conducting a joint project with the US Mineral Management Service. This project is to identify sand sources adjacent to Indian River County, Brevard County, St. Lucie County and Martin County. The US Mineral Management Service has committed funds for a five (5) year project. However, the Department of Environmental Protection has not budgeted any funds for the remaining four (4) years of this project. Alternative No. 1 Lobby the Department of Environmental Protection for continued funding for this project so that valuable information may be obtained. Alternative No. 2 Take no action. Staff recommends that the County.Commission write a letter to the secretary of the Florida Department of Environmental Protection requesting that this project be included in next years budget. A draft letter has been prepared for the Chairman's signature (see Exhibit A). No funds are required or requested. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved staff's recommendation as set out in the memorandum. 34 January 10, 1995 rm 94 ima 7 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 Telephone: (407) 567-8000 December 30, 1994 Virginia Wetherell, Secretary Florida Department of Environmental Protection 2600 Blair Stone Road Twin Towers Building Tallahassee, FL 32399-2440 Subject: FY 1996 Budget Dear Mrs. Wetherell: The Florida Department of Environmental Protection, Bureau of Geology has initiated a 5 year joint project with the U.S. Mineral Management Service to characterize the sediment resources within the coastal waters of East Central Florida. Federal funding is being provided contingent upon the State to contribute 50% matching funds. We understand that the State has not funded this project directly and that this years State contribution is being allocated from other Department funds. Indian River County will greatly benefit from this project because it will provide information with regard to beach sediment sources and our offshore geology. Regional approaches are necessary to provide long term solutions to coastal erosion and this project clearly improves our regional understanding. The Indian River County _Board of County Commissioners request that the Department of Environmental Protection include the remaining 4 years of this project in its budget proposal for FY 1996. We don't want to lose a valuable project or the opportunity for Federal matching funds. Very my yours, Kenneth R. cht, Chairman Board of County Commission 35 BOOK 94 PALE 80 January 10, 1995 ADDITIONAL ENGINEERING SERVICES FOR IST STREET SW (&D. CARTER ROAD AND 26TH STREET (WALKER AVENUE The Board reviewed the following memo dated December 22, 1994: TO: James Chandler County Administrator THROUGH: James W. Davis, t�lf Public Works Dir and Roger D. Cain, P.County Engineer �) FROM: Michelle A. Gentile, CET�.D(Ji/ Civil Engineer SUBJECT: Additional Engineering Services for 1st Street SW (R.D. Carter Road) and 26th Street (Walker Avenue) DATE: December 22, 1994 On June 13, 1989, the Indian River County Board of County Commissioners approved a contract between Indian River County and Marshall, McCully & Associates for Engineering Design Services for. 1) 33rd Street (cherry Lane) $28,820.00 2) Ist Street SW (R.D. Carter Road) $28.820.00 3) 26th Street (Walker Avenue) $20.060.00 $77,700.00 33rd Street (Cherry Lane) is currently under construction by the Road & Bridge Division. 1st Street SW and 26th Street still are in need of at least one right-of-way parcel purchase each prior to construction. Final right-of-way acquisition is expected to be acquired in the immediate future. Then utility relocation and construction can take place. Due to permit requirements and requests regarding off the right-of-way drainage problems from the property owners along these corridors, the plans will require some additional information and revisions prior to obtaining a permit from the I.R.F.W.C.D.- A permit from S.J.R.W.M.D. was obtained in 1990 and will expire in June of 1995. The plans were accepted and approved by the county in 1990. The St. Johns permit will need to be modified to coordinate the off -right-of-way requests with the St. Johns River Water Management District. W.K. McCully and Associates has submitted a proposal for continuing engineering services for 1 st Street SW and 26th Street. Mr. McCully was the engineer who prepared the original design and construction plans for the county. The fee proposed for these additional changes and services (copy of scope of services is attached) is $7,900.00. This fee is to be a lump sum fee regardless of the number of hours. It is recommended that the Board of County Commissioners approve the proposal for additional engineering services for these projects in the amount of $7,900.00. Funding will be from the Petition Paving Account No. 111-214-541-035.:51 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the proposal for additional engineering services for the projects in the amount of $7,900 by W. K. McCully and Associates, as recommended by staff. 36 BOOK January 10, 1995 94 ma 81 WEST REGIONAL EFFLUENT PUMPING STATION FINAL PAY REQUEST AND CHANGE ORDER - SPEEGLE CONSTRUCTION The Board reviewed the following memo dated January 4, 1995: DATE: January 4, 1995 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PIN DIRECTOR OF UTIL SERVICES PREPARED WILLIAM F. MCCAIN AND STAFFED CAPITAL PROJECTS ENGI BY: DEPARTMENT OF UTILITYS VICES SUBJECT: WEST REGIONAL EFFLUENT PUMPING STATION FINAL PAY REQUEST AND CHANGE ORDER INDIAN RIVER COUNTY PROJECT NO. US -88 -23 -ED BACKGROUND On March 9, 1993, the Indian River County Board of County Commissioners approved a contract with Speegle Construction, Inc., in the amount of $317,000.00. The contract has expired by approximately 240 days. However, during the expiration period, temporary pumping facilities were provided for by the Contractor and, as a result, the County has suffered minimal impact. ANALYSIS The delay was due to problems with the supplier of the pumps and drive units. The pumping facility was equipped with an alternate pumping system, costing an additional $25,000.00 ± to the Contractor. Additional work items within this project, for example, the deletion of two air release valves, were necessary. The Contractor, Engineer and the County have negotiated a settlement as the final payment of the original contract price. The Department is before the Board of County Commissioners to request final payment to the Contractor. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the final pay request and change order as presented. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the final pay request and change order with Speegle Construction as presented and recommended by staff in the above memorandum. CHANGE ORDER, FINAL PAY REQUEST, & RELEASE OF LIEN, ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 37 January 10, 1995 600K 94 8 REVISIONS TO TIRE INDIAN RIVER COUNTY WATER AND WASTEWATER UTILITIES STANDARDS The Board reviewed the following memo dated December 30, 1994: DATE: December 30, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRA' FROM: TERRANCE G. PINTO DIRECTOR OF UTILI Y VICES PREPARED TERRY H. DRUM -/#P--1 AND STAFFED G.I.S. COORDINATOR BY: DEPARTMENT OF UTILITY SERVICES G.I.S./MAPPING DIVISION SUBJECT: REVISIONS TO THE INDIAN RIVER COUNTY WATER AND WASTEWATER UTILITIES STANDARDS BACKGROUND The Indian River County Department of Utility Services Water and Wastewater Utilities Standards were adopted November 1987 and revised in September, 1992. Periodic revision of the Standards is necessary to keep pace with industry standards, County needs, and advances in engineering design. ANALYSIS The Department of Utility Services has made numerous revisions and additions since the last Standards were completed in September, 1992. These revisions were made to provide alternatives to maintain flexibility' in consideration of the quality and cost aspect, and to accommodate new advanced concepts and specifications. Attached is one set of the 1995 Standards for approval, and one copy of the current standard sheets that are being revised, along with their respective revised standard sheet. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the revised Indian River County Water and Wastewater Utilities Standards dated January 1995. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the revised Indian River County Water and Wastewater Utilities Standards dated January 1995, as recommended in staff's memorandum. 38 January 10, 1995 BOOK 9A wj� 8 OLD COURTHOUSE AD HOC COIVIlV =E ESTABLISHED ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 95-11 establishing -an Old Courthouse Ad Hoc Committee. Chairman Macht requested approval of the member list submitted (below) and suggested Ms. Ernestine Williams be appointed as the at -large member of the Old Courthouse Ad Hoc Committee. CHAIRMAN Kenneth R. Macht 1840 25 St. Vero Beach, FL 32960 Tony Donadio P.O. Box 7072 Vero Beach, FL 32961-7072 MEMBER LIST 567-8000, Ext. 490 FAX - 770-5095 H - 567-6153 ARCHITECT W - 234-4066 FAX - 234-3987 Janie Gould or Carolyn Short HISTORICAL SOCIETY Historical Society of Vero Beach 778-3435 P.O. Box 6535 FAX - 562-8550 Vero Beach, FL 32961 Rob Slezak 3705 16th Street Vero Beach, FL 32960 Matt McAndrews 2001 9th Ave., Ste. 307 Vero Beach, FL 32960 Gene Waddell _P.O. Box 3488 Vero Beach, FL 32964 Wes Davis RECREATION W -.778-7494 FAX - 778-7496 W - 770-4811 SUBSTANCE ABUSE COUNCIL FAX - 770-4822 FAX - 231-4413 H - 567-4001 W - 231-2828 I.R.C. School Board. W - 569-0424 1990 25th Street FAX - 562-9053 Vero Beach, FL 32960 Staff: Terry O'Brien, Attorney Reta Smith, Recording Secretary EDUCATION FOUNDATION I.R.C. SCHOOL BOARD ON MOTION by Commissioner Eggert, SECONDED by - Commissioner Adams, the Board unanimously approved the list of appointments to the Old Courthouse Ad Hoc Committee. k1V January 10, 1995 COOK 94 wji. 84 L RESOLUTION NO. 95- 11 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING AN OLD COURTHOUSE AD HOC COMMITTEE. WHEREAS, the old courthouse building no longer functions as a courthouse; and WHEREAS, the old courthouse building may well serve other functions; and WHEREAS, it is necessary to look at the feasibility of various other functions and uses of the old courthouse building, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: I. There is hereby created an "Old Courthouse Ad Hoe Committee". 2. The purpose of said committee is to consider various options for the utilization of the old courthouse building. 3. The committee shall be chaired by Commissioner Macht . 4. In addition to the Chairman, the committee shall be comprised of at least six other members. 5. The Chairman of the committee shall appoint the additional members subject to Commission approval. 6. The membership should include the following disciplines and Interests: a. Architectural b. Historical C. Educational d. Recreation e. Legislature f. At large member 7. The committee shall meet on call of the Chairman. 8. The provisions of Chapter 103, Indian River County Code shall govern where applicable. 40 January 10, 1995 500K 94 PA 85 RESOLUTION NO. 95- 11 This 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 Kenneth R. Macht A y e Vice Chairman Fran B. Adams Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this -10 day of January-, 1995. Attest: nn Jeff Ba n, Clerk BOARD OF COUNTY COMMISSIONERS INDIANRIV COUNT FLORIDA By Z , - � '" � K//,# qWnffeithch , Chairman Chairman Macht advised that the Old Courthouse Ad Hoc Committee recommends that the County Commission provide funds for a feasibility and cost survey and to write a grant application for restoration of the Old Courthouse. Commissioner Eggert felt it was important and favored it, but wanted to know if it would qualify for funding from the optional sales tax and whether there would be enough of those funds to cover this expense as well as other projects not yet prioritized. Commissioner Adams recalled that they had discussed using excess courthouse funds, but Commissioner Eggert was not certain there would be an excess. Chairman Macht agreed and stated that an approval today would only ratify the committee's recommendation, not appropriate funding. Commissioner Eggert said what concerned her was it said "provide funds" and Chairman Macht believed that, if approved today, it would be subject to availability of funds. 41 January 10, 1995 Boni 94 o,,A Commissioner Tippin commented that he would have to know the cost, and Chairman Macht replied that it would come back to the Board for approval. Commissioner Adams and Commissioner Eggert agreed that it should be brought back with full information. The Board reached consensus that item should be brought back with full information and a funding recommendation. REOUEST FOR SPECIAL PARKING AT NEW COURTHOUSE FOR MICIAL ASSISTANTS The Board reviewed the following letter: The Honorable Kenneth R. Macht Chairman, County Commission Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Mr. Chairman: City of Vero Beach I093 -20th PLACE - P U ROX 1389 VERO BEACH. FLORIDA - 32961.1389 Telephone 56;-5151 January 4, 1995 At our January 3rd, 1995 meeting the Vero Beach City Council voted to refer agenda item 6-2, concerning special parking places for judicial assistants, to the County Commission for their recommendation. Council will be contacting Sheriff Gary Wheeler as well for his input on this matter. This action, I believe, was' taken because Judge Charles Smith personally appeared before the Council and pointed out the fact that the judicial assistants have had special parking places at the old courthouse and four members of Council feel the need to explore the reasons why and if those reasons are applicable to the new situation. Your kind response in writing prior to our January 17th meeting would be deeply appreciated. Sincerely, Caroline dnn Mayor 42 January 10, 1995 MOK 94 PAu 87 The Board raised numerous questions such as: What was a judicial assistant and why did they need special parking? How did they enter and leave the building now? Was any special consideration given to them by the Committee? Did they have special parking spaces at the old courthouse? Did they work late at night; how did they get to their cars? General Services Director Sonny Dean responded to the questions and Board members discussed the matter. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously agreed that the Courthouse garage provided safe parking, directed the Chairman to respond to the City of Vero Beach that the Board did not have sufficient information to make a recommendation and that they believed it was for the City to determine who should be assigned special parking spaces on city streets or right-of-way. Sam High, 1925 22 Avenue, advised that he received a ticket while serving on the Grand Jury and asked where jurors were to park at the new Courthouse. Chairman Macht replied that jurors parked their cars in the garage and were escorted to their cars by a bailiff. TRASH TRANSFER STATION AT FELLSMERE Commissioner Adams opened discussion saying that last year the Board had considered relocating the trash transfer station at Fellsmere and had determined it was not feasible. The entry to the transfer station, off SR -60, is very unsightly, and she suggested the Board direct Utility Services Director Terry Pinto to have landscaping designed to obscure the station and advise the cost of the project. 43 January 10, 1995 BOOK U �''y88 Commissioner Adams continued that dumping on the roads had increased and she believed they should reconsider the two -day -per - week closing at Roseland and Fellsmere. Commissioner Bird agreed the appearance of the transfer station needed improving and added that cars were being abandoned in the area as well. Commissioner Adams advised that the City was working on the illegally dumped cars. Commissioner Bird asked where the $130,000 was going to come from if the transfer station was open for those additional two days a week since it was not in the budget. Chairman Macht recalled the budget hearings and how they were able to save money and hold the millage rate. Commissioner Tippin agreed that disguising the transfer site was desirable, but had no sympathy for irresponsible lawbreakers and believed the code should be enforced. He suggested that mandatory collection was the alternative. The Board agreed that everything possible should be done to stop illegal dumping including signs and educational programs. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously directed Utility Services Director Terry Pinto to develop a landscape design to disguise the Fellsmere transfer station. Commissioner Adams requested that the Fellsmere transfer station be staffed during the upcoming Frog Leg Festival and advised that, the City of Fellsmere would bear the financial responsibility. BARBER BRIDGE PRESERVATION DISCUSSION Commissioner Bird brought the Board's attention to a proposal by John H. Dean, architect, to the City of Vero Beach to save portions of the Merrill Barber Bridge on -the east and west sides of the river. He knew it was a complicated issue and did not want to get into City Council's business, but he believed that from strictly a recreation standpoint and maybe a tourism enhancement, that leaving portions of the bridge made some sense. 44 January 10, 1995 BOOK 94 PA �� 89 Chairman Macht felt it may be a very desirable thing to do for the benefit of sportsmen and tourists, but that we leave it up to the City as to the practical matters. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously approved a diplomatic letter from the Chairman to the City of Vero Beach suggesting that the east and west portions of the Merrill Barber Bridge be retained for the benefit of sportsmen and tourists as proposed by John H. Dean, Architect. There being no further business, on Motion duly made, seconded �cl carried, the Board adjourned at 10:56 a.m. oilVill d U 9a i Tf�, _ r i F/ B 1 zet� J. rton, Clerk Kenneth R. Macht, Chairman Minutes approved on -'P-"7- 5 45 January 10, 1995 �k e3rr,, 5i1�K �� F�� L—