HomeMy WebLinkAbout2/7/1995MINUTES ATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A G E N D A
REGULAR MEETING
TUESDAY, FEBRUARY 7, 1995
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Kenneth R. Macht, Chairman (Dist. 31
Fran B. Adams, Vice Chairman ( Dist. 11
Richard N. Bird (Dist. 51
Carolyn K. Eggert (Dist.. 21
John W. Tippin (Dist. 41
9:00 A. M. 1. CALL TO ORDER
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
2. INVOCATION - Ray Scent, Chaplain
Indian River Memorial Hospital
3. PLEDGE OF ALLEGIANCE - Comm. Kenneth R. Macht
4. ADnIT1ONS TO THE AGENDA/EMERGENCY ITEMS
DELETE 7-C Addition to Old Courthouse Committee
ADD 7-R Old Courthouse Renovation
Aul) 7-S Widening ot" 21st street -
• DEFER 9-8-2 Non -Profit Tax exemptions
MOVE 7-H to 11-H-5 Award Bid #5034IWWTP Site Wetlands
DEFER 11-F Health Care Plan
ADD 11-H-6 Waterline Ext. Sebastian Water Front
ADD 14-A ESD Meeting - Fire & EMS contracts
5. PROCLAMATION AND PRESENTATIONS
Presentation of First Quarterly Public
Recycling Award
(memorandum dated January 19, 1995)
- S. APPROVAL OF MINUTES
A. Regular Meeting of January 3, 1995
B. Regular Meeting of January 10, 1995
7. CONSENT AGENDA
A. Received
and Placed on File in Office of Clerk
to the Board:
1. 1. R.
Farms Water Control District:
(a)
Minutes - Board of Supervisors, 6/94
through 11/94
(b)
Sept. 30, 1995 Budget
(c)
General -Purpose Financial Statements,
Sept. 30, 1993
(d)
December, 1993 Map
2. Delta Farms Water Control District:
(a)
Audit Report, Sept. 30, 1994
3. I.R.C. Hospital District:
(a)
Schedule of Regular Meetings for 1995
4. Felismere Water Control District:
(a) Minutes of Board of Supervisors Meeting
for FY 1993-1994
FEBRUARY 7, 1995
7. CONSENT AGENDA (cont'd. ):
B. Retroactive Approval for Comm. Adams to Travel
to Tallahassee, Feb. 6, 1995 Re: PEP Reef
C. Approval of Addition of a Representative from
Vero Beach to Serve on the Old Courthouse Ad
Hoc Committee
(memorandum dated January 30, 1995)
D. Resignation of Kathie Rovella from I.R.C.
Extension Overall Advisory Committee
( letter dated January 23. 1995 )
E. Resignation of Steve Pate from Planning and
Zoning Commission
( letter dated January 21, 1995 ►
F. M 6 W Pump Corp, Is Request for Site Plan Exten-
sion: Test TAnk S Staging Area at the Existing
M 8 W Pump, Corp. Manufacturing Facility
(memorandum dated January 17, 1995)
G. Progress Report 5 Reimbursement Invoice
1994 Planning Grant Invoice #4
(memorandum dated January 20, 1995)
H. Award Bid #5034 / WWTP Site Wetlands
(memorandum dated January 9, 1995
I. Award Bid #5037 / Zinc Orthophosphate Contract
(memorandum dated January 17, 1995)
J. Misc. Budget Amendment 003
( memorandum dated January 31, 1995 )
K. 58th Ave. R -O -W Acquisition; Parcel #107,
Felix and Marie Martinez
(memorandum dated January 18, 1995)
L. A RESOLUTION OF IRC, FLORIDA, PURSUANT
TO SECTION 197.402, FLA. STATUTES,
CHOOSING A NEWSPAPER IN WHICH LEGAL
AND OFFICIAL ADVERTISEMENTS WILL BE
PUBLISHED FROM MARCH 1, 1995,
THROUGH FEBRUARY 28, 1996
M. Release of Utility Liens
(memorandum dated January 31, 1995) .
N. Cancellation of Outstanding Taxes
Properties Purchased for County Use
(memorandum dated January 31, 1995)
O. Request to Set Public Hearing Date for
An Ordinance Relating to Motor Vehicles;
Establishing the "Combat Auto. Theft" Program,
As Authorized Under the Fla. Uniform Traffic
Control Law
( memorandum dated January 24, 1995 )
P. Modification Rockridge Property Owners Assoc.
Inc.
(memorandum dated January 27, 1995)
Q. Amendment of Elections Budget
( memorandum dated January 19, 1995 )
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a.m. 9. PUBLIC ITEMS:
A. PUBLIC HEARINGS
1. AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, ESTABLISHING NEW OCCUPATIONAL
LICENSE TAX FEES
( memorandum dated February 1, 1995 )
2. Indian River County Dept. of Utility
Services' Request for Special Exception
Use Approval to Expand the Ixora Park
Warehouse
(memorandum dated January 26, 1995)
3. Edgar and Marguerite Schlitt Request to
Rezone Approx. 27 Acres from RS -1 to RM -10
( memorandum dated February 1, 1995 )
B. PUBLIC DISCUSSION ITEMS
1. Request by John H. Dean to Speak Concerning
County Resident Interest in the Merrill
Barber Bridge
( memorandum dated February 1, 1995 )
2. - Frank Zorc Request to Speak Regarding
State of Fla. Dept. of Revenue Mr. Keller
Non Profit Tax Exemptions
( letter dated January 30, 1995 )
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
1. Request for Authorization for Staff to
Approve Local Housing Assistance Program
Mortgage Assignment and Loan Assumption
Agreements
(memorandum dated February 1, 1995)
2. Consideration of I . R . C.'s Sebastian Scrub
FCT Application: Selection of AGC Indus-
trial Tract or Sebastian Highlands Lots
for Approved FCT 4th Year Cycle . Funding
( memorandum dated January 29, 1995 )
B. EMERGENCY SERVICES
Approval of Modification #1 to the Statewide
Mutual Aid Agreement for Catastrophic Disaster
Response and Recovery
(memorandum dated January 20, 1995)
C. GENERAL SERVICES
IRC Courthouse Project - Partial Release of
Contractor's Retainage
( memorandum dated January 31, 1995 )
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
Health Care Plan
(memorandum dated January 26, 1995)
11. DEPARTMENTAL MATTERS (cont'd. ):
G. PUBLIC WORKS
1. Special Waterway Projects Grant - Dale
Wimbrow & Wabasso Causeway Boat Ramps
( memorandum dated January 31, 1995 )
2. 5th Annual Sunrise Bicycle Classic -
Rotary Club of Vero Beach
(memorandum dated January 30, 1995)
3. FEC License Agreement to Install Traffic
Signal Interconnect Wiring in a Subgrade
Conduit, Crossing the FEC Railroad S 4th St.
(memorandum dated January 30, 1995)
4. Petitions from Property Owners in Westside
S/D and Sundowners S/D for Special Assess-
ment Road/Drainage Improvements
(memorandum dated January 30, 1995)
5. Request from St. Johns Water Control Dis-
trict for Fill Hauling
(memorandum dated January 25, 1995)
6. Legislative Sundown Review of the Florida
Inland Navigation District
(memorandum dated January 30, 1995)
7. Professional Services for CDBG
Neighborhood Revitalization Grant
( memorandum dated January 27, 1995 )
H. UTILITIES
1. West Regional WWTP Expansion - Engineering
Contract, Addendum No. 1, and Outside
Contract Inspection Services
(memorandum dated January 18, 1995)
2. West Regional Wastewater Treatment Plant
Change Order No. 2 - John J. Kirlin
(memorandum dated January 17, 1995)
3. Water Main Replacement Project - Whispering
Palms, Dixie Gardens, Caribbean S/D, 10th
Ave., 9th Place, 9th St., 8th Place and
7th Ave. - Final Pay Request and Change
Order No. 1
(memorandum dated January 30, 1995 )
4. North County R . O. , Phase 11, Well Field
Master Plan and Well Construction
( memorandum dated January 16, 1995 )
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN KENNETH R. MACHT
Meeting Report - Water Management Review
Commission
(memorandum dated January 23, 1995)
B. VICE CHAIRMAN FRAN B. ADAMS
13. COMMISSIONERS ITEMS (cont):
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.
February 7, 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, February 7,
1995, at 9:00 a.m. Present were Fran B. Adams, Vice Chairman; John
W. Tippin; Richard N. Bird; and Carolyn K. Eggert. Chairman
Kenneth R. Macht was absent due to a family illness. Also present
were James E. Chandler, County Administrator; Charles P. Vitunac,
County Attorney; and Barbara Bonnah, Deputy Clerk.
Vice Chairman Adams called the meeting to order.
Ray Scent, Chaplain, Indian River Memorial Hospital gave the
Invocation, and Vice Chairman Adams led the Pledge of Allegiance to
the Flag.
ADDITIONS TO THE AGENDA
Vice Chairman Adams requested the following changes to today's
Agenda:
1. Add Item 7-R, Old Courthouse Renovation/Waiver
of RFP to Select Engineer for Study/Grant.
2. Add Item 7-S, Widening of 21st Street.
3. Defer Item 9-B-2, Frank Zorc's request to speak regarding
Fla. Department of Revenue Non -Profit Tax Exemptions.
4. Delete Item 7-C, Approval of Representative from Vero
Beach to Serve on the Old Courthouse Ad Hoc Committee.
5. Move Item 7-H, Award Bid #5034/WWTP Site Wetlands, to
Utilities, Item 11-H-5.
6. Add Item 11-H-6, Waterline Extension Along Sebastian
Water Front.
Commissioner Bird requested that Item 11-F, Health Care Plan,
be deferred for one week.
Administrator Chandler requested the addition of Item 14-A,
Emergency Medical Services contract.
FEBRUARY 7, 1995 1
WOK 9.4 PAI L. 9 li
BOOK N mA �1
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Chairman Macht being absent) made the above changes
to the Agenda.
PROCLAMATIONS AND PRESENTATIONS
The Board reviewed a Memorandum of January 19, 1995:
DATE: JANUARY 19, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
THRU: TERRANCE G. PINTO, DIRECTO
SOLID WASTE DISPOSAL DISTR
FROM: SCAM ROHLFING, RECYCLING COORDINATOR
SOLID WASTE DISPOSAL DISTRICT
SUBJECT: FIRST QUARTERLY PUBLIC RECYCLING AWARD
BACKGROUND
As per discussion and follow-up memo, the first Quarterly
Recycling Award is to be presented at the February 7 BCC meeting:
presented to that person or entity who displays a superior
interest and participation in and furtherance of recycling in
Indian River County. The attached sheet provides detailed
information about the recipient. Recommended for the award by
her employer, Ms. Georgett Ingraham works fervently in her home
and at her work (Gal Friday for Jim Rott Home Improvements) to
recycle every possible material and to urge and teach her fellow
employees about recycling. Her boss says of her, "To her,
recycling is like a mission for the Earth. She makes sure we all
know what to do. She is an inspiration to us." Individuals such
as Ms. Ingraham are a vital part of the long-term success of our
programs and they should be given as much recognition and thanks
as possible.
RECOMMENDATION
Staff requests that the attached information be read by Mr.
Macht, who, as BCC Chairman, will make the presentation.
Vice Chairman Adams presented the First Quarterly Public
Recycling Award to Georgett Ingraham, of Jim Rott Home
Improvements, Inc.
APPROVAL OF MINUTES
The Vice Chairman asked if there were any corrections or
additions to the Minutes of the Regular Meetings of January 3, 1995
and January 10, 1995. Commissioner Eggert noted that the motions
FEBRUARY 7, 1995 2
in the Minutes of January 3, 1995 relative to electing the Chairman
and Vice Chairman for 1995 were incorrect in that the motion
electing the Chairman was made by Commissioner Bird, seconded by
Commissioner Adams, and the motion electing the Vice Chairman was
made by Commissioner Eggert, seconded by Commissioner Tippin. The
Minutes for the January 3, 1995 meeting were corrected accordingly.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Chairman Macht being absent) approved the Minutes of
the Regular Meetings of January 3, 1995, as
corrected, and January 10, 1995, as written.
CONSENT AGENDA
Commissioner Eggert requested that Item 7-0 be pulled for
discussion.
A. Reports
Received & placed on file in office of the Clerk to the Board:
1. Indian River Farms Water Control District:
a) Minutes of .the Board of Supervisors from June,
1994, through November, 1994
b) September 30, 1995 Budget
C) General Purpose Financial Statements of September
30, 1993
d) December, 1993 Map
2. Delta Farms Water Control District:
a) Audit Report of September 30, 1994
3. Indian River County Hospital District:
a) Schedule of Regular Meetings for 1995
4. Fellsmere Water Control District:
a) Minutes of Board of Supervisors Meetings for FY
1993-1994
B. Retroactive Approval for Commissioner Adams to Travel to
Tallahassee/PEP Reef
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Chairman Macht being absent) approved retroactively,
Commissioner Adams' trip to Tallahassee, Florida
regarding the PEP reef conference, as recommended by
staff.
FEBRUARY 7, 1995 3
bOOK 94 w�,, - 19
WK 04 pni2 0
C. Approval of Addition of a Representative from Vero Beach to Serve on
the Old Courthouse Ad Hoc Committee
Deleted. (Was on Agenda of 1/31/95)
D. Resignation of Kathie Rovella from IRC Extension Overall Advisory
Committee
The Board reviewed the following letter dated 1/23/95:
5090 16 Street
Vero Beach FL 32966
January 23, 1995
Board of County Commissioners
1840 25th Street
Vero Beach FL 32960
Dear Commissioners,
I am no longer able to serve as a member of the Indian River County
Extension Overall Advisory Committee because I now work full time
in Ft. Pierce and cannot attend the meetings. Would you please
find a replacement for me.
Thank you for the opportunity to represent the people of Indian
River County on this committee.
Sincerely, p
Kathie Rovella
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Chairman Macht being absent) approved the
resignation of Kathie Rovella as a member of the
Indian River County Extension Overall Advisory
Committee, as recommended by staff.
E. Resignation of Steve Pate from Planning and Zoning Commission
The Board reviewed a letter of January 21, 1995:
FEBRUARY 7, 1995 4
Mr. Daniel R. Richey
Chairman
Indian River County
Planning and Zoning
1840 25th Street
Vero Beach, Florida,
Dear Dan,
Commission.
32960
January 21, 1995
It is with much regret that I must resign my position as a member
of the Planning and Zoning Commission. I have recently taken on
a new business opportunity on Floridas' west coast and will be
commuting between the two locations. I was hoping that I could be
in Vero Beach for the twice a month P & Z meetings, but alas, this
will not be possible on a routine basis and I owe it to the Board
as well as the citizens if our fine community to be here and be
effective.
I have en] oyed serving this very short time under your able and
thoughtful Chairmanship. Having been in business and living in
Indian River County for over 11 years, I have been before this
Board myself on many occasions. During that time I have had the
good fortune to work with our very capable planning staff on many
development issues as well. I can only say that I have always
wanted to serve on the Planning Board as I felt my real estate
development perspective could be useful. Now that I have been
given that opportunity, to say this resignation is difficult would
be a major understatement.
I wish you and the other members of
thank you for sharing your knowledge
County is fortunate to have you all
the Board.
Best Wishes for the New Year.
Very truly yours,
Steve Pate
the board all the best and
and insight. Indian River
as their representatives on
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Chairman Macht being absent) approved the
resignation of Steve Pate from the Planning and
Zoning Commission, as recommended by staff.
FEBRUARY 7, 1995
5
bo®K 94 ma ' 1
booK 94 FACE 222
F. M & W Pump Corp.'s Request for Site Plan Extension
The Board reviewed the following memo dated January 17, 1995:
TO: James E. Chandler
County Administrator
DI ION HEAD CONCURRENCE:
R10bert M. Re tin AIC
Community Deve op nt Wrector
THROUGH: Stan Boling, AICD
Planning Director
FROM: Eric Blad .04C1
Staff Planner, Current Development
DATE: January 17, 1995
SUBJECT: M & W Pump Corp.'s Request For Site Plan Extension: Test
Tank and Staging Area at the Existing M & W Pump, Corp.
Manufacturing Facility [SP-MA-94-04-11/IRC #94010068-0011
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of February 7, 1995.
DESCRIPTION AND CONDITIONS:
On February 24, 1994, the Planning and Zoning Commission granted
major site plan approval (with conditions) to construct a test tank
and staging area at M & W Pump's existing manufacturing facility
located at 7775 9th Street S.W. The current expiration date of the
site plan approval is February 24, 1995.
The project applicant has filed a request to extend the site plan
approval expiration date. Pursuant to site plan regulations, the
request may now be considered by the Board of County Commissioners.
ANALYSIS:
Although the LDRs have been amended since the time of project
review and approval, the members of the Technical Review Committee
(TRC) concur that subsequent amendments as applied to the subject
project are not significant enough to require any revisions or
redesign of the project. All TRC staff members have recently
approved the applicant's request for site plan extension.
As allowed under provisions of the LDRs, the M & W Pump Corp. is
requesting a full one year extension of the site plan approval
expiration date. Pursuant to Chapter 914 of the LDRs, the Board of
County Commissioners may deny, approve, or approve with additional
conditions the requested site plan extension: Staff has no
objections to the Board granting the request since the previously
approved site plan substantially conforms to existing LDR
requirements.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve the
M & W Pump Corp. request for a one year extension of the
conditional site plan approval, with all original site plan
approval conditions to remain in effect. The new site plan
approval expiration date will be February 24, 1996.
FEBRUARY 7, 1995 6
ON MOTION by Commissioner Eggert,
SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Chairman Macht being absent) approved a one year
extension of the conditional site plan. approval for
the Test Tank and Staging Area at the existing M & W
Pump Corp. manufacturing facility, with all original
site plan approval conditions to remain in effect
until February 24, 1996, as recommended by staff.
G. Progress Report & Reimbursement Invoice/1994 Planning Grant
Invoice #4
The Board reviewed the following memo dated January 20, 1995:
TO: James E. Chandler
County Administrator
D NT HEAD CONCURRENCE
e M. Keating, CP
Community Developme t Dirtcr
FROM: Sasan Rohani, AICP S Irr
Chief; Long -Range Planning
DATE: January 20, 1995
RE: PROGRESS REPORT & REIMBURSEMENT INVOICE
1994 PLANNING GRANT INVOICE #4
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of February 7, 1995.
DESCRIPTION AND CONDITIONS
It is required, as part of the Transportation Disadvantaged (TD)
Planning Grant contract between the Indian River County Board of
County Commissioners (BCC) as the Designated Official Planning
Agency (DOPA) and the State of Florida Commission for the
Transportation Disadvantaged (CTD), that periodic progress reports
and reimbursement invoices be submitted. To comply with the CTD's
requirements, staff has prepared a progress report and invoice* for
the period from October 1, 1994 to December 31, 1994.
For the 1994 planning grant period, the invoice and progress report
represent the fourth (final) submittal. This progress report and
applicable finished products, such as the Local Coordinating Board
(LCB) meeting minutes, by-laws, etc., are required to accompany all
reimbursement invoices.
FEBRUARY 7, 1995 7
boos 94 prey - 3
8099 224
Attached for your review is a copy of draft invoice #4 and the
progress report. This report, along with the appropriate
supporting documents, will be submitted to the CTD upon the Board
of County Commissioners/DOPA approval.
On January 19, 1995, the Transportation Disadvantaged Local
Coordinating Board (TDLCB) reviewed and approved the attached
progress report and invoice. At that time, the TDLCB recommended
that the Board of County Commissioners, in its capacity as the
Transportation Disadvantaged Program Designated Official Planning
Agency (DOPA), approve the attached progress report and invoice and
forward these to the CTD.
ALTERNATIVES AND ANALYSIS
Attached is a copy of the progress report and invoice for the
October 1, 1994 to December 31, 1994 period.
Finished products such as the TDLCB meeting minutes, by-laws, and
reports are required to accompany all reimbursement invoices.
These materials will be submitted to the state along with the
reimbursement invoice and the progress report.
The BCC/DOPA's alternatives are either to approve the transmittal
of the Progress Report and reimbursement invoice as submitted, to
approve transmittal of the Progress Report and invoice with
revisions, or to deny the transmittal of the Progress Report and
reimbursement invoice to the state.
RECOMMENDATION
The TDLCB and the staff recommend that the Board of County
Commissioners/DOPA approve the Progress Report and reimbursement -
invoice #4, and direct staff to transmit the report and the invoice
to the State of Florida Commission for the Transportation
Disadvantaged (CTD).
Attachments
1. Progress Report and reimbursement invoice #4, 1994
planning grant.
Approved Agenda Item:
For:
9
By:
u\v\t\plan.mem
7 A
FEBRUARY 79 1995
M M M
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Chairman Macht being absent) approved the 1994
Planning Grant Progress Report and reimbursement
Invoice #4 and directed staff to transmit the Report
and the invoice to the Florida Commission for the
Transportation Disadvantaged, as recommended.
H. Bid #5034 - WWTP Site Wetlands
Moved to Utilities, Item 11-H-5.
I. Bid #5037 - Zinc Orthophosphate Contract
The Board reviewed the following memorandum of 1/17/95:
DATE: January 17, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T.; "Sonny" Dean, Directorjj(y
General Services ✓✓''����
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid 05037/Zinc Orthophosphate Contract
Utilities Department
BACKGROUND INFORMATION:
Bid Opening Date: December 21, 1994
Advertising Dates: December 8, 14, 1995
Specifications Mailed to: Twenty One (21) Vendors
Replies: Four (4) Vendors
Calciquest
Charlotte, NC
Pure Solutions
Orlando, FL
H.F. Scientific
Leesburg, FL
Betz Entec
Altamonte Springs, FL
UNIT PRICE BID TOTAL
$ 4.90 $21,070.00
$ 6.09 $26,161.20
$ 9.61 $41,323.00
$11.6,66 $50,077.80
$21,070.00 (4,300 Gallons)
SOURCE OF FUNDS Water Utilities Chemicals
471-219-536-035.23
ESTIMATED BUDGET
RECOMMENDATION
$40,000.00
Staff recommends that the bid be awarded to Calciquest Inc
as the lowest, most responsive and responsible bidder
meeting specifications as set forth in the Invitation
to Bid.
FEBRUARY 7, 1995 8
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Chairman Macht being absent) awarded Bid #5037 to
Calciquest, Inc. in the amount of $21,070.00, as
recommended by staff.
T. Miscellaneous Budget Amendment 003
The Board reviewed the following memo dated January 31, 1995:
TO: Members of the Board
of County Commissioners
DATE: January 31, 1995
SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 003
CONSENT
FROM: Joseph A. Baird
OMB Director
The attached budget amendment is to appropriate funding for the following:
1. At their meeting of October 18, 1994, the Board of County Commissioners
approved the Sheriffs request to purchase "STOP Sticks" at a cost of
$45,692.00. This amendment allocates the -funding.
2. The City of Vero Beach billed the County for the remainder of the year's 4
maintenance at Riverside Theater and the Center for the Arts. This expense
was budgeted in the 1993/94 fiscal year; however, we did not receive the
request for the balance until November of this fiscal year.
3. At the August 18, 1994 meeting, the Board of County Commissioners
approved to accept the F P & L Grant in the amount of $65,430. The
amount is $4,351 more than was budgeted in the 1994/95 fiscal year. This
entry allocates the additional funds.
4. The North County Library has received donations totaling $3,295.00. This
entry will allocate the funds.
5. At the December 13, 1994 meeting of the Board of County Commissioners,
the Board approved $123,000 from the Federal Prisoner Revenue Fund to
be used to purchase additional vehicles for the Sheriffs Department.
6. The Sheriffs Department was awarded a grant "COPS Phase I". This entry
allocates the funding.
7. The City of Vero Beach was approved funding from the Tourist
Development Tax fund for a.Veteran's Memorial at Riverside Park in the
amount of $66,690 in the 1993/94 fiscal year. The project was delayed;
therefore, we are moving the funding into the 1994/95 fiscal year.
Staff recommends that the Board of County Commissioners approve the attached budget amendment
003. -
FEBRUARY 7, 1995 9
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Chairman Macht being absent) approved Budget
Amendment 003, as recommended by staff.
10: Members of the Board
of County Commissioners
FROM: Joseph A. Baird
nMR flira&nr
BUDGET AMENDMENT: oo3
DATE: - January 31. 1995
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
REVENUE
SPECIAL LAW ENFORCEMENT/Cash Forward
112-000-389-040.00
$45,692
$0
EXPENSE
SPECIAL LAW ENFORCEMENT/
Other Machinery & Equipment
112-600-521-066.49
$45,692
$0
2.
REVENUE
TOURIST DEV. FUND/Cash Forward
119-000-399-040.00
$16,267
$0
EXPENSE
TOURIST DEVELOPMENT FUND
Riverside Theater
119-144-572-088.74
$16,267
$0
3.
REVENUE
GENERAL FUND/F P & L Disaster Preparedness
001-000.342-041.00
$4,351
$0
EXPENSE
GENERAL FUND/F P & L GRANT
EXPENDITURES/Overtime
001-237-525-011.14
$4,351
$0
4.
REVENUE
GENERAL FUND/Donations/N. Cty. Library
001-000-366-097.00
$1,929
$0
Donations/N. Cty. Library -Books
001-000-366-100.00
$1,366
$0
EXPENSE
GENERAL FUND/N. Cty. Library/ Subscriptions
001-112-571-035.46
$3,295
$0
5.
REVENUE
GENERAL FUND/Sheriff
001-000-341-052.00
$123,000
$0
EXPENSE
GENERAL FUND/Sheriff/l.aw Enforcement
001-600-586-099.04
$100,000
$0
GENERAL FUND/Sheriff/Detention
001-600-586-099.14
$23,000
$0
FEBRUARY 7, 1995
10
a®K�� 2 7
6.
REVENUE
COPS -Phase I
001-000-331-027.00
$51,480
$0
EXPENSE
Sheriff/1.aw Enforcement
001-600-586-099.04
1 $51,480
$0
7.
REVENUE
TOURIST DEV. FUND/Cash Forward
119-000-389-040.00
$66,690
I
EXPENSE
TOURIST DEVELOPMENT FUND/
COof Vero Beach
119-144572-088.11
$66.6901
$0
K. 58th Avenue R -O -W Acquisition; Parcel #107/Martinez
The Board reviewed the following memo dated January 18, 1995:
TO: James E. Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Donald G. Finney, SRAM
County Right -of -Way Agent CONSENT AGENDA
SUBJECT: 58th Avenue Right -of -Way Acquisition; Parcel #107, Felix
and Marie Martinez
DATE: January 18, 1995
DESCRIPTION AND CONDITIONS
Additional right-of-way is required on 58th Avenue for the paving
improvement project from Route 60 to Oslo Road.
The property owner has executed a contract at the appraised value
of $14,900 per acre for the RS -1 zoned land.
The contract price is $1,788.00 for the .12 acre, 31' wide x
168.24' parcel. There are no appraisal or attorney fees.
RECOMMENDATION
Staff requests the Board of County Commissioners approve the
$1,788.00 purchase and authorize the Chairman to execute the
contract.
FUNDING
Funding to be from District 9 Traffic Impact Fee #101-159-541-
067.30.
FEBRUARY 7, 1995 11
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Chairman Macht being absent) approved the purchase
from Felix and Marie Martinez in the amount of
$1,788.00 and authorized the Chairman to execute the
Contract, as recommended by staff.
CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
L. Resolution Choosing a Newspaper to Publish Official Advertisements -
March 1, 1995 - February 28, 1996
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Chairman Macht being absent) adopted Res. 95-20.
RESOLUTION NO. 95- 20
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, PURSUANT TO SECTION 197.4021
FLORIDA STATUTES, CHOOSING A NEWSPAPER IN
WHICH LEGAL AND OFFICIAL ADVERTISEMENTS
WILL BE PUBLISHED FROM MARCH 1, 1995,
THROUGH FEBRUARY 28, 1996.
WHEREAS, Section 197.402, Florida Statutes, requires that when legal
advertisements are needed the Board of County Commissioners shall select a
newspaper as provided in Chapter 50, Florida Statutes; and
WHEREAS, Rule 12-D-13.036 (1) , Florida Administrative Code, implies
that this choosing of a newspaper shall be performed annually; and
WHEREAS, this Rule directs explicitly that at the first Board meeting in
February the Board of County Commissioners shall select the newspaper in
which said advertisements shall be placed; and
WHEREAS, Section 50.11, Florida Statutes, sets out certain criteria for
the publication to be a qualified advertiser for legal and official notices; and
WHEREAS, these qualifications include that:
1. The newspaper must be printed and published once a week or
more often.
2. The newspaper must contain at least 25% of its words in the
in the English language.
FEBRUARY 7, 1995 12
BOOK 94 1':,: ? V
bit
RESOLUTION NO. 95- 20
3. The newspaper must be admitted and entered as second-class
mail at a post office.
4. The newspaper must be for sale to the public generally.
5. The newspaper must be available to -the public generally for
the publication of official or other notices and customarily
containing information of a public character or of interest or
value to the residents or owners of property in the county
where published or of interest or value to the general
public; and
WHEREAS, the Board of County Commissioners after going out
for bid determined in Resolution No. 94-34 that it would be in the
public interest to select the Press -Journal;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following
newspaper shall be the legal and official advertiser fqr the time period
March 1, 1995, through February 28, 1996:
VERO BEACH PRESS JOURNAL
The
resolution
was moved
for adoption
by Commissioner
F 9-9 P r t ,
and the
motion was
seconded by
Commissioner
T i n i n , and,
upon being
put to a vote, the vote was as follows:
Chairman Kenneth R. Macht Absent
Vice Chairman Fran B. Adams A y e
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Ayr
Commissioner John W. Tippin A y e
The Chairman thereupon declared the resolution duly passed and
adopted this _ 7 day of F p h r i i a r y , 1995.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest:
CAAr . �'� • -�. By `� -
Fran B. Adams
Jeffrey ,K . Bartma, Clerk Vice Chairman
b.
V l
FEBRUARY 7, 1995 13
M. Release of Utility Liens
The Board reviewed a Memorandum of January 31, 1995:
TO: BBOOA-R,D, OF/COUNTY MMISSIONERS
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: January 31, 1995
RE: RELEASE OF UTILITY LIENS
The attached lien -related items are in proper form for the Board of
County Commissioners to authorize the Chairman to sign so that they can
be recorded. The names and projects are:
1. Royal Poinciana Park Water:
PERRY
2. Phase I Water:
BURNS
3. Phase II Water:
DAVENPORT KINGSLEY
3. Phase III Water:
FLOOD MURRAY (2)
POLK TIEFENBRUN
S. Phase IV Water:
WILKERSON/BYRD LENZI
6. State Road 60 Sewers:
Map #40 - Heron Cay - (1 ERU) 152 Freeport Cay
Map #34 - Evans - (2 ERUs) Economy Mini Storage
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Chairman Macht being absent) approved the releases
of utility liens as recommended by staff.
LIEN RELATED DOCUMENTS ARE ON FILE IN THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY
FEBRUARY 7, 1995 14
N. Cancellation of Outstanding Taxes/Properties Purchased for County Use
The Board reviewed a Memorandum of January 31, 1995:
TO: BOARD OF COUNTY _CrOM�MISSIONERS
�0.., fK • 9�F�lCx�.Q.��
FROM: Lea R. Keller, CLA, County Attorney's Office
THRU: Charles P. Vitunac, County Attorney
DATE: January 31, 1995
RE: CANCELLATION OF OUTSTANDING TABES
PROPERTIES PURCHASED FOR COUNTY USE
The County recently acquired some right-of-way, and, pursuant to Section
196.28, Florida Statutes, the Board of County Commissioners is allowed
to cancel and discharge any taxes owed on the portion of the property
acquired for public purposes. Such cancellation must be done by
resolution of the Board with a certified copy being forwarded to the Tax
Collector and the Property Appraiser.
REQUESTED ACTION: Board authorize the Chairman to sign the
attached resolutions cancelling taxes upon lands the County recently
acquired.
Attachments: 2 Resolutions -
(1) Parcel #24-33-32-00000-3000-00002.0
Timber Ridge, Inc.
Property Exchange with County
(2) Parcel #11-33-39-00014-0020-00011.0
First Church of the Nazarene, Inc.
R/W - 27th Avenue
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Chairman Macht being absent) adopted Resolution 95-
21 cancelling certain delinquent taxes upon
publicly -owned lands, pursuant to Section 196.28,
Florida Statutes.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Chairman Macht being absent) adopted Resolution 95-
22 cancelling certain delinquent taxes upon
publicly -owned lands, pursuant to Section 196.28,
Florida Statutes.
FEBRUARY 7, 1995 15
� � i
Re: Property Exchange with County
Parcel #24-33-32-00000-3000-00002.0
Timber Ridge, Inc.
RESOLUTION NO. 95— 21
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TAXES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use= and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted= and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.=
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that:
1. Any and all liens for taxes, delinquent or current, against the property
described in O.R. Book 10463, Page 480, which was recently acquired by
Indian River County, are hereby cancelled, pursuant to the authority of
section 196.28, F.S.
2. The Clerk to the Board of County Commissioners is hereby directed to
send a certified copy of this Resolution to the Tax Collector and the
Property Appraiser.
The resolution was moved for adoption by Commissioner Eggert , and
the motion was seconded by Commissioner Tiepin , and, upon being put to a
vote, the vote was as follows:
Chairman Kenneth R. Macht Absent
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 ! day of February , 199 5 .
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
t:
ey F'r a nom: a m s
J. R Bar on, C1er Vice Chairman
Athment: Deed with �,egal Description
FEBRUARY 7, 1995 16 A 4
BARK F'RaE o
THIS INSTRUMENT PREPARED BY:
yy,��(�/Fljla 94 [,u,k,23 A 1
.0 i 4
IN THE RECORDS O
JEFFREY K. BARTON
CLERK CIRCUIT COURT'
INDIAN RIVER CO.. FIA,
DOCUMENTARY STAMPS
William W. Caldwell, Esquire DEED $ /3A 3.9
COLLINS, BROWN a CALDWELL, CHARTERED
756 Beachland Boulevard NOTE$
Post Office '
ffice: Box 3686 JEFFREY K. BARTON, CLERK
Vero Beach, Florida 32964 INDIAN RIVER COUNTY
Telephone: (407) 231-4343
WARRANTY DEED
This WARRANTY DEED made this /W6 day of December,
1994 between
TIMBER RIDGE, INC., A CORPORATION EXISTING UNDER THE LAWS
OF THE STATE OF FLORIDA
hereinafter called the GRANTOR, and
INDIAN RIVER COUNTY, A POLITICAL SUBDIVISION OF THE STATE
OF FLORIDA
hereinafter called the GRANTEE,
WHOSE MAILING ADDRESS ISs 1840 25TH STREET
VERO BEACH, FL 32960
I"grantor and grantee" are used herein for singular or plural, the singular shall include the plural,
end any gender shall include all genders, as context requires.)
WITNESSETH, that said Grantor, for and in consideration of the sum
of Ten Dollars ($10.00) and other valuable consideration, in hand
paid to'said Grantor, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold unto the said Grantee, and
Grantee's heirs or successors, and assigns forever, all that
certain parcel of land in the County of Indian River and State of
Florida, to wits
The North 194.66 feet of Tract 6, Section 24, Township 33 South,
Range 39 East, lying East of the Indian River Farms Water
Control District Lateral "J" 160.00 foot canal right-of-way,
according to the last general plat of lands of the Indian River
Farms Company Subdivision recorded in Plat Book 2, Page 25, of
the Public Records of St. Lucie County, Florida; being more
particularly described as follows:
Comments at the Southwest corner of Tract 3, Section 24,
Township 33 South, Range 39 East of the above mentioned Indian
River Farms Company Subdivision, (said point also being the
Northwest corner of said Tract 6); run South 89°57152" East
along the North line of said Tract 6, 489.64 feet to a point on
the Easterly right of way line of said Lateral "J" 160.00 foot
canal richt of way for the point of beginning; thence continue
South 89 57152" East along the North line of said Tract 6,
835.40 feet to the Northeast corner of said Tract 6; thence
South 00004130" West along the East line of said Tract 6, (said
line also being the West line of Whispering Palms Subdivision
Unit V recorded in Plat Book 6, Page 67, of the Public Records
of Indian River County, Florida.) 194.66 feet; thence North
89°57152" West along a line parallel to the North line of said
Tract 6, 771.14 feet to a point on the Easterly right of way
line of said Lateral "J" 160.00 foot canal right of way; thence
North 18011152" West along the said Easterly right of way line,
204.95 feet to the Point of Beginning.
FEBRUARY 7, 1995 17
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Parcel ID # 24-33-32-00000-3000-00002.0
and Grantor does hereby fully warrant the title to said land and
will defend the same against lawful claims of all persons
whomsoever.
1 CD•
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IN WITNESS WHEREOF, the grantor has hereunto set his hiAo,°,and
seal the day and year first above written. 1 .
Signed, sealed and delivered
in the presence oft
WITNESSES:
Susan V. JcMen
/ 9
Sandra L. ng
STATE OF FLORIDA
COUNTY OF•INDIAN RIVER
• c.
TIMBER RIDGE, INC.:,'' a to 14a
Cor oration o'..,r,
Andrew J. Mustapick, kea;,denf*
700 Ttmber Ridge Trail r?
Vero Beach, FL 32962
APPROVED AS TO FORM
CAND(..f SUFFICE I�EN�CY:
harlesCharles P. VtlunacVllunac
County Attorney
I hereby certify that on this day, before me, an officer duly
authorized to administer oaths and take acknowledgements,
personally appeared Andrew J,, Mustapick, as President of Timber
Ridge, Inc., who is(personally'known to me or who has produced _
as identification.
fro, : r i
,{��28•�°�N % Notary Publict
My Commission Number ist
31 rccaisuo :P My Commission Expires:
FEBRUARY 7, 1995 18
BooK 35
Res R/W - 27th Avenue
Parcel il11-33-39-00014-0020-00011.0
First Church of,the Nazarene, Inc.
RESOLUTION NO. 95-2_
BOOK. 94 P'r " = 236
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TAXES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners df each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28,..F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMKISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that:
1. Any and all liens for taxes, delinquent or current, against the property
described in O.R. Book 1045, Page 1583, which was recently acquired by
Indian River County for right of way purposes on 27th Avenue, are hereby
cancelled, pursuant to the authority of section 196.28, F.S.
2. The Clerk to the Board of County Commissioners is hereby directed to
- send a certified copy of this Resolution to the Tax Collector and the
Property Appraiser.
The resolution was moved for adoption by Commissioner Eggert , and
the motion was seconded by Commissioner Tippin , and, upon being put to a
vote, the vote was as follows:
Chairman Kenneth R. Macht Absent
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 _7 day of FphrtiarW , 1995.
Attests
J -9 'tton, Cl s
achments Deed w h Legal Description
FEBRUARY 7, 1995 19
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Fran B. Adams
Vice Chairman
Statutory Warranty Deed
RIW - 27th Avenue
Tax ID #11 88 89 00014 0090-00001-"
#11-33-39-00014-0020-)400011.0
�J 1 STATUTORY WARRANTY DEED
DOCUMENTARY STAMPS
DEED $3/ 5 D
NOTE $
JEFFREY K. BARTON, CLERK
INDIAN RIVER COUNTY
THIS INDENTURE, made this N'I' day of aX- A1V,4A'( ,
1995, between
FIRST CHURCH OF THE NAZARENE, INC. (of Vero
Beach Florida), a Florida not-for-profit corporation,
the address of which is 1280 27th Avenue, Vero
Beach, FL 32960, GRANTOR,
and
INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, whose address is 1840 25th
Street, Vero Beach, FL 32960, GRANTEE,
WITNESSETH:
2 C-)
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That GRANTOR, for and in consideration of the sum of $10.00
and other good and valuable consideration to GRANTOR in hand paid by
GRANTEE, the receipt of which is hereby acknowledged, has granted,
bargained, . and sold to the GRANTEE, and GRANTEE'S heirs and assigns
forever, the following described land, situate, lying, and being in
Indian River County, Florida:
EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
and GRANTOR does hereby fully warrant the title to the land, and will
defend the same against the lawful claims of all persons whomsoever.
Signedi the prese c of:
sign: nu
/Witness tz
prin(ed .7me
.4/5A-./r�...1
sign:'ad
Witness
FIRST CHURCH OF THE NAZARENE,
INC. (of Vero Beach Florida), a
not -for
BY - ofit cor oratio
G- -
G`-
,'Reverfend Hubert E. Kin
printed name: ��bv6i✓ �/�•9CsC/� (SEAL)
Al-.Rlttt,,lE D AS TO FORM
Al ` .�AL FIC:IE.IJCY:
STATE OF FLORIDA— - v
COUNTY OF INDIAN RIVER (;I,�rtes P. /IAllufheYC
The foregoing instrument was acknowledged before me this
day of-Tduvgey , 1999, by Reverend Hubert E. King, as President o -F
FIRST CHURCH OF THE NAZARENE, INC. (of Vero Beach Florida), a
Flcrida nbt-for-profit corporation, on behalf of said corporation. He is
personally. known to me or produced d .3a 33-90 as
Identification.
+o�Ma �4ris•
JANET K IWRRMON
MY CwmdWdon CC415798
* *
Ewk4m opt. 24. 1908
1
Bonded by NFNU
50'224.8368
FEBRUARY 7, 1995
sign:
411
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Jim 133'
SCALE: 1"=50'
1
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0
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to
LOT
16
LOT 11
_
LOT 6 LOT 1
N
LES, DESCMP
i
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I
B L 0
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2
The
East 15 feet cf
the West
25 feet of Lots
1 and 6
in Biock 2; the West 25 feet of abandoned (per Resolutior.
78-4''.
12th Lane; - and the West
25 feet of Lot
11 Block
2, all as shown on the plat of Lone Palm Park Unit 1,
recorder,
in Plot Bcok I.
, Page 6'
of the Public Records of
Indian River County, Florida, containing 8815 square fee.
or 0.20
acres.
Lyina
in Indian River
County, Florida.
COMICATM
I, Charles A. Cramer, hereby certify that I am a registered Professional Land Surveyor licensed to practice in the state ;
of Florida, that this sketch was made under my immediate supervision, and that it is accurate and correct. I further e
certify that this sketch meets the Minimum Technical standards as described in Chapter 61G17 of the Florida Admin—
istrative Code, pursuant to F.S. Chapter 472. "'
l�A� •dA11 �� COUNW
IM i MOR A 9LIIAIIEY ri
SIMT M TO ACCG~' LIML OE'lCII!'7110N c
Charles A. Cramer, P.L.S. Reg #4094 1840 25th St, Vero Beach, FL 32960
Indian River County Surveyor (407) 567-8000 Date
18S.1 sdsfio 180
0
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co:)
On
s
12/1194(deed\church)DF/Vk ,)L
R/W - 27th Avenue m
•�ncmi
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D
PARTIAL RELEASE OF MORTGAGE 2pfoO
BARNETT BANK OF THE TREASURE COAST, the address of
which is 601* 21st Street, Vero Beach, FL 32960, holder of that certain
mortgage* executed by FIRST CHURCH OF THE NAZARENE (of Vero
Beach Florida) a not-for-profit corporation, recorded in U.R. Book 924,
Page 1741 et seq. , of the public records of Indian River County,
Florida, in consideration of TEN DOLLARS, receipt of which is
acknowledged, hereby releases and discharges from the lien of that
mortgage the following described property:
EXHIBIT "A11 ATTACHED HERETO AND MADE A PART HEREOF
* Mortgage Modified by Modification of Mortgage
as recorded in O.R. Book 947, Page 2370.
This partial release shall in no way impair, alter, or diminish
the effect. of the lien or encumbrance of the mortgage on the remaining
portion of the mortgaged premises, or any rights of the holders of the
mortgage.
Witness
printed name:
,X0&&,..
Wit ess
printed name:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
BARNETT BANK OF THE TREASURE
COAST
By_�ZG
i4mes M. Blank Credit Officer
(SEAL)
D A0 To1-MM
M
V 1
I'll ILI
Gi�.,rl�s P. `.'itunac
Cwu,ty AllutrA4
SWORN TO
AND
SUBSCRIBED
before me this
'?p day of
1iPt�w►�� ,
1994,
by .rte14,
14• 61arrlC as
Crej,"I OKttr-
of BARNETT BANK OF THE TREASURE COAST, on behalf of said
corporation. S/He is personally known to me or has produced
MY CENMISM / Cr 187119
OMM: Jurte 15, IM
�•► { Banded Thfu Notoyy PuWa IIMunNltm
FEBRUARY 7, 1995
as identification.
signw
o ry Public
printed name: C rea- 0,e, ,
rnmmission #
22
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BOOK r'A,,�: 0
O. Schedule Public Hearing Date for Ordinance Relating to Motor
Vehicles; Establishing the "Combat Automobile Theft" Program
The Board reviewed the following memo dated January 24, 1995:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien, Assistant County Attorney
fg
DATE: January 24, 1995
SUBJECT: PROPOSED ORDINANCE ENTITLED:
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA,
RELATING TO MOTOR VEHICLES; ESTABLISHING THE
"COMBAT AUTOMOBILE THEFT" PROGRAM, AS AUTHORIZED
UNDER THE FLORIDA UNIFORM TRAFFIC
CONTROL LAW.
The attached ordinance has been prepared establishing Operation
Nighthawk/ C. A. T.
A public hearing date of February 28, 1995, is suggested.
Commissioner Eggert questioned the time of day mentioned on
Pages 64 and 65 of the backup.
Assistant County Attorney O'Brien advised that both times
should read "A.M." and that a correction will be made.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Chairman Macht being absent) approved February 28,
1995, as the hearing date for a proposed ordinance
relating to motor vehicles, establishing the "Combat
Automobile Theft" program, as authorized under the
Florida Uniform Traffic Control Law.
FEBRUARY 7, 1995 23
P. Modification/Rockridge Property Owners Association, Inc.
The Board reviewed the following memo dated January 27, 1995:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien - Assistant County Attorney c�M,
DATE: January 27, 1995
RE: Modification Rockridge Property Owners Association, Inc.
Ms. Debbie Lethig, Vice President of the Rockridge Property
Owners Association, Inc., a not-for-profit corporation has asked that the
lease between the Association and the County be modified and extended
for a twenty year period. The property under lease is a small
clubhouse located in the Rockridge Subdivision.
It is my understanding from information supplied by Ms. Lethig
that the land was reserved by the developer to .all Rockridge owners as
a common area. The residents built the present clubhouse and for
reasons lost in antiquity, the property was deeded to the County and
leased back to the Association in 1964 for twenty years and renewed in
1984 for 20 more years.
There are two terms in the lease which prohibit full enjoyment by
the Association. Paragraph 2 of the lease requires that the premised
be "open to the public each day, including Sundays and the general
public shall have the full right to use said property..." Paragraph 4
prohibits 'the Association from selling, serving or allowing the
consumption of alcoholic beverages on the premises.
The Association would like to control the premises so that it was,
as intended by the Developer, for the primary benefit of the owners in
Rockridge. With respect to alcoholic beverages the Association would
like to hold functions such as New Year's Eve parties where alcoholic
beverages would be consumed.
To accomplish the Associations objectives the attached lease has
been prepared for Commission consideration with the deletion of
paragraph #2, deletion of the "except" portion of paragraph 4 and a
commencement date of February 15, 1995, for twenty years. In
paragraph 8 the word "public" is replaced by the words "association
and its members". Paragraph 9 requiring a yearly report of operation
has been deleted as unnecessary.
For the county's protection we have added a paragraph
requiring insurance.
A lease of this nature is permitted under Sec 125.38 F.S.
Recommend the lease be approved as amended.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Chairman Macht being absent) approved the modified
Lease with Rockridge Property Owners Association,
Inc. for a twenty (20) year period from February 15,
1995, as recommended by staff.
LEASE AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
FEBRUARY 7, 1995 24
book ou A
FIF- I
bm 94 pnL 242
Q. Amendment of Elections Budget
The Board reviewed the following memo dated January 19, 1995:
January 19, 1995
ANN ROBINSON
SUPERVISOR OF ELECTIONS
1840 25TH STREET, SUITE N-109
VERO BEACH, FLORIDA 32960-3394
TELEPHONES: (407) 567-8187 or 567-8000
TO: HON. KEN MACHT, CHAIRMAN, BCC
FROM: ANN ROBINSON, SUPERVISOR OF ELECTIONS
RE: ITEM FOR BCC CONSENT AGENDA OF FEBRUARY 7, 1995
Please amend the elections budget so that we can include the
following reimbursements in our current budget:
$1,821.00 from Sebastian Inlet Taxing District for 12-8-94 election
1,000.00 from Mosquito Control District for 12-8-94 election
1,513.00 from City of Fellsmere for special election on 1-17-95
687.60 from State of Florida for 1992 undue burden petitions
505.70 from State of Florida for 1993 undue burden petitions
1,319.30 from State of Florida for 1994 undue burden petitions.
The total is $6,846.60.
Thank you.
(You may be interested to know that the reimbursements for undue
burden petitions for 1992 and 1993 were due entirely to the help
we received from the Hon. Charles Sembler, II, State Representa-
tive, and his aide, Dawn Smith; they called the State Comptroller's
office so often that the Comptroller gave up. Because the Comp-
troller's office called the Division of Elections so often, the
Division of Elections also authorized the reimbursement for the
1994 undue burden petition invoice that I sent on May 31, 1994,
as,well as for those of 1992 and 1993.)
Copy to Joe.Baird, Budget Director
FEBRUARY 7, 1995 25
1i
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Chairman Macht being absent) amended the Elections
Budget to include the reimbursements set forth in
the above Memorandum, as recommended by staff.
R. Old Courthouse Renovation Grant/Emergency Waiver of RFP for
Engineers for Study Required for Grant Application
The Board reviewed the following memo dated February 3, 1995:
Date: February 3, 1995
To: Honorable Board of County Commissioners
Thsu: James E. Chandler "e -v-
County Administrator
8'tm: S.T. "Sonny" Dean, Director
Department of General Services
Terry O'Brien cv
Assistant County Attorney
Subj: Old Courthouse Renovation Grant
Due to the time constraints, associated with submittal of a grant application for
the subject project, it will be impossible to meet the requirements of the
Consultants' Competitive Negotiation Act (CCNA).
Section 287.055 of the Florida Statues provides for the Board of County
Commissioners to declare an emergency situation in certain cases which will allow
the selection process for a consultant to be shortened.
Based on the March 15, 1995 deadline for a grant application submittal, staff
recommends action by the Board to declare this project an emergency and authorize
selection of a consultant to proceed.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Chairman Macht being absent) declared the Old
Courthouse Renovation Grant to be an emergency
project pursuant to Section 287.055, Florida
Statutes, and authorized staff to proceed with the
selection of a consultant, as recommended by staff.
FEBRUARY 7, 1995 26
ma 94 PA fu-
S. Widening of 21st Street
The Board reviewed the following memo dated February 3, 1995:
TO:- James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: 21st Street Improvements - City of Vero Beach Project #9427
REF. LETTER: Monte K. Falls to James Davis dated 01-27-95
DATE: February 3, 1995
DESCRIPTION AND CONDITIONS
FILE: 21STWIDN. AGN
On Oct. 4, 1994, the Board approved a $350,000 allocation from the
District 5 Traffic Impact Fee Fund for the three lane widening
improvements to 21st Street between 14th Avenue and 20th Avenue.
On May 11, 1994, the MPO approved the FY94/95 Transportation
Improvement Program by Resolution No. 94-1 which included $325,000
funding for this project in FY94/95.
The low bid recently received for the road work is $377,840.11. At
this time, the City is requesting an additional $50,000 TIF
District 5 allocation to fund the additional $27,840.11 and a
contingency of $22,159.89 for Change Orders.
ALTERNATIVES AND ANALYSIS
Staff has reviewed the TIF District 5 Fund program (see attached
program) and a negative cash flow balance will result if the 37th
Street widening and 41st Street projects are constructed between
US1 and Indian River Boulevard.
These two projects are critical to manage traffic onto Indian River
Boulevard and relieve congestion on 37th Street near the Hospital.
The following alternatives are presented:
Alternative No...1
Approve the requested $50,000 additional allocation and
delay the connection of 41st Street between US1 and
Indian River Boulevard until FY96/97. This project
contains improvement of the 41st Street drainage outfall,
which is needed for a connection to the proposed Gifford
Drainage Project. Of the five projects identified for
District 5 funding, after 41st Street, 37th Street, and
21st Street, four could be constructed in FY97/98 and
FY98/99. The remaining project, Widening of Old Dixie
Highway between SR60 and 12th Street, would not be fully
funded until 2004. This project has been identified in
the new Recommended Minimum Transportation Improvement
Plan recently approved by the MPO. Staff is of the
opinion that the limits of the Old Dixie Highway Widening
project could be reduced by deleting the section between
SR60 and 16th Street, which is only serving 4000 vehicles
per day.
FEBRUARY 7, 1995 27
Alternative No. 2
Deny the request. Projects would still have to be delayed
unless the County funds the widening of Old Dixie Highway
project limits and allocates alternative revenue sources
to fund the shortfall.
Alternative No. 3
Approve additional funding of $15,000 from the District
5 Traffic Impact Fee Fund and request the City to fund
- the remaining shortfall of $12,840.11. Reduce the limits
of the Old Dixie Highway Widening project by deleting the
link between SR60 and 16th Street due to minimal traffic
volumes. If this reduction occurs, all five needed
projects could be funded by the year 2002. To solve
short term cash flow deficiencies, inter -fund borrowing
from Fund 109 (Secondary Road Trust Fund) could be
accomplished, if necessary. This alternative should
resolve all currently anticipated District 5 road
widening needs in the next seven years, with the
exception of FDOT funded projects (16th/17th Street
between US1 and 14th Avenue, etc.).
Alternative No. 3 is recommended whereby an additional $15,000
allocation from TIF District 5 Fund is approved for the 21st Street
widening project. Once bids are received this summer for the 37th
Street -and 41st Street projects, staff will review the District 5
fund to determine if the remaining $12,840.11 can be allocated.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Chairman Macht being absent) approved additional
funding of $15,000 from the District 5 Traffic
Impact Fee Fund; directed staff to request the City
of Vero Beach to fund the remaining shortfall of
$12,840.11; and reduced the limits of the Old Dixie
Highway Widening project by deleting the line
between SR -60 and 16th Street, as recommended by
staff.
PUBLIC HEARING - ORDINANCE ESTABLISHING NEW
OCCUPATIONAL LICENSE TAX FEES
The hour of 9:05 o'clock A.M. having passed, the County
Attorney announced that this public hearing has been properly
advertised as follows:
FEBRUARY 7, 1995 28
VERO MACH PRESS -JOURNAL
rubnarrad Dear~
Veep satsdr. /adios View courtly. Flwldo
COU"" OF INDIAN RIVWt WATIR OF FLORIDA
Balms the underatgned authority personally appeared J. J. Schutnenn, Jr. who on osIh
UP trot hs Is Business Ma taper of the Vero Beach Pron4aurnsl, a deli, rre - spapm phhbtalthld
at Vitro Beach In hhdlen River County. Floridt that tro snitched espy of adrmpaement, baba
a
In the matter of
In pts court. was pnb-
tehsd In am newap"M In the Maros of owwl dL
Aftenl further as" "of the aaid Vero Beach Press -Journal Is a newspaper, pubtshed at
Vero Basch, M sold Indus mrm County. Florlde, ahb that the said n""apar has heralotom
been aardhusuty published In said Indhn River County. Florida. each deny end has been
entered ss SWWW ahaa mail matter at the post ollhe In Vero Beach. in ahs 1 OW, Rim COMO.
I,. FlerMe. far a period d mro yhnr nest precedirhp the first publication of the attached talc~ of
edreAhenheM; and NiWht furihar asya that he has neither paid nm promised arty pitsen, that
m eny dlacmmt, nibetit. eenardeston of voiced for the purpose of secur" this
�q,�pubpmlben
In are said newspaper.
7 s G7
O ••� bar nie b � p�jarrof 'JP�if A.D. 1t1 �'
W Whoa. req,,; .q
Jbnugg.IM : I erropan
Na cc3 gym . RAMWM C. SMA(nlr.. nOTMK Mas 10.---
fkp
b0of 94 YE ?46
1 ' — --- NOTICE
The Board of Catmry Gwnm1ssbnws of Ind,
War fw0w
PUBLIC HWM edulp far 9:09 A.M.
4 Tuesday. Febuary 7 1 8y'. io dtum a propos
ordY>a m of ted o �ilrer� wjq.. roan aetebRa
Ing new acalpeftw tloertse MOM.
Aftpm whom wish to
may be made et dile me g wl need M erw
Ntet a Veftflm record of the pra,eMCI rgs b mac
whkh Indudes tes may and evidence upon wtif
the b based.
Anyone who who needs • a spedd soomninoda0on f
We withD1ub9tbs A (( A Coof�dlft iter 50
9000, ExL X108. at Isest 48 hours In adyw= of #
Jan.1 f,1995 1 • ' `� 11809:
The Board reviewed the following memo dated 2/1/94 and 6/7/94:
TO: The Board of County Commissioners
FROM: Terrence P. O'Brien - Assistant County Attorney%
DATE: February 1, 1995
SUBJECT: Occupational License
The Equity Study Committee's final report is attached for ease of reference.
The attached proposed ordinance incorporates the recommendations of the
Committee's report.
TO: Board of County Commissioners �y-�
FROM: Occupational License Equity Study Commission 11-`'j
DATE: June 7, 1994
SUBJECT: FINAL REPORT OF THE COMMISSION
This Commission (hereafter Committee) was established by Resolution
94-14 of the Board of County Commissioners of Indian River County.
FEBRUARY 7, 1995 29
r s �
Purpose and Function.
The purpose of the Committee was to examine and review the
Occupational License Ordinance, Chapter 207 of the Code of Ordinance
of Indian River County, regarding classifications and rate structure,
and to recommend revisions to such classifications and rate structure
for the occupational license. The Committee was to be gulded by the
following objectives in formulating its recommendations:
(1) The Committee shall review the businesses,
professions, and occupations within each classification and recommend
any reclassifications or new classifications.
(2) The Committee shall recommend a classification for any
business activity not currently paying an occupational license tax.
(3) The Committee shall review the rates of each
classification, and recommend any fee changes necessary to establish
equity between the rates for such classification.
After considering objectives (1) through (3) above, tite Committee was
directed to propose a rate structure that would not generate a decrease
In revenues. It was determined that the target revenue goal would be
approximately $140,000.00.
Under the guidelines given to the Committee by the Board of County
Commissioners, the County will collect an occupational license tax only
for businesses located in the unincorporated area and there will be no
distribution to the municipalities of taxes collected.
Committee Deliberation
Tile Committee met on six separate occasions with County staff and the
Tax Collector and his staff. One of the major problems was to
determine the loss of revenue that would result from not Issuing county
occupational. tax license In the incorporated areas of the County. In
addition, an attempt was made to determine the actual number of
licenses that would be Issued under the new procedures; however, this
was not possible with the data available.
After much debate, the Committee reached a consensus that a single fee
for each business would be the most equitable approach. This In effect
restricted the Committee, by statute, to a maximum tax of a 200%
increase in the current minimum tax of $14.00 ($42.00) . It shall be
noted that this revised tax may, by statute, be increased only by 5%
every other year.
Relying on figures provided by County staff, it was estimated that
approximately 4000 licenses would be Issued. Initially, the Committee'
was allocating to collection cost 2% of the money collected; however, the
Tax Collector did a study and concluded that 2% was not sufficient to
cover cost. The Committee feels that ail Increase to 10% of the money
collected would be appropriate for the tax collection. In light of this
Information, a single fee of $40.00 was selected.
Inasmuch as a single fee is being proposed classifications of businesses
Is no longer necessary.
The current ordinance has exemptions for certain activities (e.g.,
banking and insurance) that are not exemptions under Chapter 205,
F.S. Tile Committee feels that except for minors tinder 18 the only
exemptions should be those set forth in Chapter 205, F.S.
Currently, Independent sales representatives (Avon, Amway,
Tupperware, etc.) are not licensed In the County. The Committee feels
that these persons should be required to be licensed.
With respect to Flea Markets, the Committee feels that the owner of the
flea market should be licensed and each person selling from a stall
should be licensed..
FEBRUARY 7, 1995 30
BOOK 4 PAil-111. 248
With respect to special events, unless exempt under Chapter 205, F.S.,
each vendor should be licensed.
The Committee feels that there should be no half year proration of the
new single fee.
In view of the foregoing it is recommended that a single fee of $40.00
be adopted and consequential changes be made in the existing code to
reflect the recommendations of tills committee.
This report was adopted by the Committee at its meeting of the 15th
day of June, 1994 by the following vote:
Chairman Pete Clements
Vice Chairman Nancy Fletcher
Member George Gross -z
Member Tom Lane
Member Amy Zwemer
Commissioner Eggert noted the misspelling of a member's name.
Tom Lane should read Tom Lowe.
Commissioner Tippin understood that an ordinance adopted by
Green River, Michigan, might be a precedent in this matter, and
Assistant County Attorney Terry O'Brien advised that he would
research that ordinance to see if there is a current prohibition
against sales that originate from a different county or state.
Commissioner Eggert asked if the $40 fee would be charged for
just a one -day event, and Attorney O'Brien responded affirmatively.
Commissioner Bird inquired how this would affect flea market
rentals for one day, and Attorney O'Brien explained that they would
be charged $40 even for just one day. However, garage sales would
be allowed.
Tax Collector Karl,Zimmermann advised that the owner of the
flea market can come in and buy a number of licenses (blanket
license) for interim use so that an individual would not have to
pay $40 for just one day's rental.
Commissioner Bird felt that perhaps the $40 fee would
encourage some people to circumvent the ordinance and the cost of
enforcement would offset anything we would gain by increasing the
fee.
Mr. Zimmermann explained that a field inspector does a
computer inventory of the area. This $40 license tax will be
applicable only in the unincorporated area as we have eliminated
all the city areas. We get the vast majority of those not in
compliance and we address it as well as any. Actually, the snitch
factor works.
OMB Director Joe Baird pointed out that the revenue will
remain the same. The committee felt that there will be
FEBRUARY 7, 1995 31
inequities, but the major inequity this solves is that the people
located in a city will not have to obtain a license from the
County.
Mr. Zimmermann explained that the Equity Study Commission
tried to clarify fees charged to independent contractors, but the
members are not in favor of a pro -rated license tax. He
recommended the following pro -rated license tax for the initial
year.
PRO -RATION OF OCCUPATIONAL
LICENSE TAX - INITIAL YEAR
OCTOBER
$40.00
NOVEMBER
40.00
DECEMBER
40.00
JANUARY
36.00
FEBRUARY
32.00
MARCH
28.00
APRIL
24.00
MAY
20.00
JUNE
16.00
JULY
12.00
AUGUST
5.00
SEPTEMBER
4.00
Mr. Zimmermann explained that their computer data is used by
Planning to see if property uses conform to the zoning for that
area. He noted that many companies open up in August and September
and pay for a license but then pay to get another one in October.
He would like to see a pro -rated tax for the initial year.
Commissioner Eggert asked about the various sales events held
by the Center of the Arts and whether they could obtain one
license, and Mr. Zimmermann stated the Center is a non-profit
organization and doesn't need a license in itself.
Vice Chairman Adams opened the Public Hearing and asked if
anyone wished to be heard in this matter.
Nancy Offutt, Government Affairs Coordinator for the Realtor
Association of Indian River County, wished to clarify for the
record the matter of individual licenses for real estate sales
people. She understood that OMB Director Joe Baird said that in
the unincorporated area of the county, individual sellers working
for a licensed real estate brokerage would be exempt.
FEBRUARY 7, 1995 32
BOOK 94 FAGE 249
000r,
mc �eCn1ppKK
Nancy Fletcher, vice chairman of the Equity Study Commission,
emphasized that this is a simple head tax on every business in the
county. She didn't think anyone on the committee was happy with
the amount because $40 is a lot of money. However, the amount of
revenue brought in barely balances with the collection costs. With
regard to the pro -rated fees, the committee was just trying to save
the Tax Collector some hassle. The committee has said that they do
not want the pro -rated fees.
Commissioner Bird wished to emphasize that there is a net gain
of $120,000 to the County on the collection of these fees, and if
we lose that revenue, it probably would have to come out of the ad
valorem taxes.
There being no others who wished to be heard in this matter,
the Vice Chairman closed the Public Hearing.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Bird, to adopt Ordinance 95-04 with the
inclusion of a pro -rated license tax for the initial
year, as suggested by the Tax Collector.
Commissioner Tippin supported the Motion if Mr. Zimmermann can
handle it with his biggie computer system, and Commissioner Eggert
felt it would be an improvement.
Commissioner Adams asked if everyone was happy with the
special events, and the Board indicated their approval.
Attorney Vitunac noted that the Civic Association, the Tax-
payers Association, and other non-profit groups would not have to
pay.
THE VICE CHAIRMAN CALLED FOR THE QUESTION. The
Motion passed unanimously (4-0, Chairman Macht
being absent.)
FEBRUARY 7, 1995 33
M ® M
ORDINANCE 95- 04
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, ESTABLISHING NEW OCCUPATIONAL
TAX X FEES.
WHEREAS, the
Florida
Legislature under Chapter 205,
F.S.
provided an alternate
method
for establishing reclassification and
rate
structure revisions of occupational license taxes; and
WHEREAS, this alternate method required the establishment of an
equity study commission representative of the local business community;
and
WHEREAS, the Board of County Commissioners established said
commission which has presented a final report to the Board of County
Commissioners for consideration; and
WHEREAS, it is now appropriate for the Board of County
Commissioners to consider adoption of an ordinance revising
classification and rates,
NOW, THEREFORE, BE IT ORDAINED . BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that:
SECTION 1.
NEW
CHAPTER
207.
In view . of
the
extensive
revision and consequential changes
present Chapter
207
which is
attached as Exhibit "A" is hereby
amended in its totality to read as setforth in Exhibit "B".
SECTION 2. SEVERABILITY.
If any section, or any sentence, paragraph, phrase, or word of
this ordinance is for anv reason held to be unconstitvtinnal _
inoperative, or void, such holding shall not affect the remaining
portions of this ordinance, and it shall be construed to have b ; i the
n„ m
legislative intent to pass the ordinance without such unconstiliEonaT._
invalid, or inoperative part.
SECTION 3. EFFECTIVE DATE. ocr, 4r,
This ordinance shall become effective August 1, 1995.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 7 day of February , 1995.
FEBRUARY 7, 1995
34
BOOK94
'S";;
94 pm 252
This ordinance was advertised in the Vero Beach Press -Journal
on the
"
day
of January ,
1994,
for
a public hearing
to be held
on the
7
day
of FPhruary ,
1995,
at
which time it was
moved for
adoption by Commissioner Faaert , seconded by Commissioner
Bird , and adopted by the following vote:
Chairman Kenneth R. Macht Absent
Vice Chairman Fran B. Adams Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Richard N. Bird Aye -
Commissioner John W. Ti ppi n Aye
BOARD OF COUNTY CONMISSION
Attest: INDIAN RIVER COUNTY, FLORIDA
B3
Jeff>reyy --Bart , Clerk Fran B. Adams, Vice Chairman
Acknowledgement by the Department of State of the State of Florida,
this 17tiday of February . 1995.
Effective date: Acknowledgement from the Department of State received
on this 23rday of February , 1995 at 11:21i,m/1-Mr- and filed in
the Office of the Clerk of the Board of County Commissioners of Indian
River County, Florida.
Appg6ved :T/
Marl Zimmermann, Tax Collector
Indian Am Co
Approved Date
AdMirL
51cl 1 / ?
Legal
710 /1_
Budget
Dept.
Risk Mgr.
FEBRUARY 7, 1995 35
L
EXHIBIT "A"
LICENSIIJG AND LICENSE TAXES
CHAPTER. 207. LICENSING AND LICENSE
TAXES
Sea 207.OL
Sea 207.02
Sea 207.03.
Sec. 207.04.
Ser. 207.05.
Sea 207.06.
Sec. 207.07.
Sea 207.08.
Sea 207.09.
Sea 207.10.
Sea 207.11.
Sea 207.12
Sea 207.13.
Sec. 207.14.
Sec. 207.15.
Sea 207.16.
Sec. 207.17.
Sea 207.18`
Sea 207.19.
Sec. 207.20.
Sea 207.2L
Sea 207.22.
Sea 207.23.
Sec. 207.24.
Sea 207.25.
Sea 207.26.
Sec. 207.27.
Sea 207.28.
Sea 207.29.
Sea 207.30.
Sec. 207.31.
Sea 207.32.
Sec. 207.33.
Sea 207.34.
Sea 207.35.
Sea 207.36.
Sec. 207.37.
Sec. 207.38.
Supp. No. 3
Part I. General
Purpose and scope.
Occupational license required.
Definitions.
Disposition of taxes collected; municipal
license taxes; amounts.
Term of license transfer.
Issuance of license; compliance with state laws.
Making falee statement in application for
license
Issuance of Hoene; display; forms, etc.
Report of county tax collector.
Tax payable; delinquent license tax; penalty;
collection costa
Method of collection of delinquent license
taxes, generally; hens.
Charitable, organizations; occasional sales;
fundraising exemption -
Other license taxes to be in addition to the
occupational license tax.
Exemption allowed disabled, invalids, aged
and single parents with minor dependents.
Exemptions allowed disabled veterans of any
war or their unminarried widows.
Farm, grove, hortic..ltural, floricultural
tropical, FedculturW and fish farm products,
certain exemptions.
Religious tenets exemption.
School activities; certain exemption.
Advertising specs renters.
Amusement devices.
Hotels, apartment hotels, motels, eta
Cemeteries, mausoleums, etc.
Flea markets, open-air markets, eta
Circuses, traveling shows, tent shows, eta;
side shows.
Traveling medicine shows.
Cafes, restaurants and other eating
establishments.
Contracting.
Dance halls, variety exhibitions, eta
Electric Power, gas plants and community
television antenna companies.
Fortunetellers, clairvoyants, etc.
Junk dealers—Liesmse requirements; penalty.
Same—Traveling.
Liquefied petroleum gas; distributors,
installers, and manufacturers.
Manufacturing, processing quarrying and
mining.
Miscellaneous businesses not otherwise
provided.
Moving picture shows, theaters and drive-in
theaters. -
Pawnbrokers—Generally.
Same—Reports to sheriff, penalty.
FEBRUARY 7, 1995
36
207/1
L�
§ 207.02
Sea 207.39.
Permanent exhibits.
Sec. 207.40.
Professions, businesses, occupations.
Sea 207.41.
Public service.
Sea 207.42
Retail store license.
Sea 207.43.
Schools, colleges, etc.
Sea •207.44.
Telephone systems.
Sec. 207.45.
Telegraph systems.
Sec. 207.46.
Trading, eta intangible personal property.
Sec. 207.47.
Tangible personal property.
Sec. 207.48.
Vending machines.
Sec. 207A9.
Water companies and sewage disposal
companies.
Sea 207.50.
Barter broker,
Sees. 207.51-207.100. Reserved.
Part II. Transient Merchants
Sea 207.101. Definitions.
Sec. 207.102. License and temporary use permit required;
ling promL
Sea 207.103. License fee and.dis 14y.
Sea 207.104. Prohibited acts.
Sec. 207.105. Enforcement. � =� C11
�. M
PART I. GEN
Section 207.01. Purpose �co$e. _
The purpose of this articlg;. pursiXMt to ''s.5. §
205.033, is to increase the R#pa6 anal ;�*nse
tau rate for license taxes lej�o&,at Vlat rate, by
one hundred (100) percent for3d%pational licenses
which are one hundred dollars ($100.00) or less;
Eft (50) percent for occupational license taxes
which are between one hundred and one dollars
($101.00) and three hundred dollars ($300.00);
twenty-five (25) percent for occupational license
taxes which are more than three hundred dollars
($300.00); and for license taxes levied at gradu-
ated or per unit rates by twenty-five (25) percent
per graduated level or per unit, whichever is
greater.
(Ord. No. 9149, § 1, 12.10-91)
Section 207.02. Occupational license re.
Wo person shall engage in or manage any busi-
ness, profession or occupation in Indian River
County for which an occupational license tax is
required by this chapter or other law of the State
of Florida or Indian River County unless a county
license shall have been procured from the tax col-
lector for Indian River County or from the depart-
ment of banking and finance, department of in.
boa 94 PAk
$ 207.02
INDIAN RIVER COUNTY CODE
surance, or department of revenue, as provided by
this chapter or other law of this state. Such li-
cense shall be issued to a person upon receipt of
the amount hereinafter provided, or as may be
otherwise provided by law. Furthermore, fees or
licenses paid to any board, commission or office
for permits, registration, examination or inspec-
tion shall be deemed to be regulatory and in ad.
dition to, and not in lieu of; any occupational li-
cense required by this chapter or other law unless
otherwise expressly provided by law.
(Ord. No. 91-49, § 1, 12-10.91)
Section 207.03. Definitions.
The following terms and phrases when used in
this chapter shall have the meaning ascribed to
them in this section, except where the context
clearly indicates a different meaning.
1. Local occupations license. means the privi-
lege granted by the local governing au-
thority to engage in or manage any busi.
ness, profession or occupation within its
jurisdiction. It shall not mean any fees or
licenses paid to any board, commission or
officer for permits, registration, examina.
tion or inspection which are hereby deemed
to be regulatory and in addition to and not
in lieu of this chapter unless otherwise pro-
vided by law:
2. Local governing authority means the gov-
erning body of the county or any incorpo.
rated municipality of Indian River County.
3. Person means any individual, firm, pant.
nership, joint venture, syndicate, or other
group or combination acting as a unit, as-
sociation, corporation, estate, trust, busi-
ness trust, trustee, executor, administrator,
receiver or other fiduciary and shall in-
clude the plural as well as the singular.
4. Tax payer means any person liable for taxes
imposed under the provisions of this ar.
ticle, any agent required to file and pay
any taxes imposed herein under and the
heirs, successors, assignees and transferees
of any such person or agent.
5. Classification means the method by which
a business or group of businesses is identi-
fied by size or type, or both.
Supp. Na 3
207/2
FEBRUARY 7, 1995 37
800K 94 pv 254
6. Business, profession and occupation do not
include the customary religion, charitable
or educational activities of nonprofit reli-
gious, nonprofit charitable and nonprofit ed-
ucational institutions in this state, which
institutions are more particularly defined
and limited as follows:
a Religious institutions shall mean
churches and ecclesiastical or denomi.
national organizations, or established
physical places for worship in this state
at which nonprofit religious services
and activities are regularly conducted
and carried on, and shall also mean
church cemeteries.
b. Educational institutions shall mean
state tax -supported or parochial, church
and nonprofit private schools, colleges
or universities conducting regular
classes and courses of study required
for accreditation by or membership in
the Southern Association of Colleges
and Secondary Schools, Department of
Education or the Florida Council of In.
dependent Schools. Nonprofit libraries,
art galleries and museums open to the
public are defined as education institu-
tions and eligible for exemption.
c. Charitable institutions shall mean only
non profit corporations operating phys-
ical facilities in Florida at which are
provided charitable services, a reason-
able percentage of which shall be
without cost to those unable to pay.
8. Local entertainer means an entertainer who
is a permanent resident of, or maintains a
permanent place of business in, this state.
(Ord. No. 9149, § 1, 12-10-91)
Section 207.04. Disposition of taxes collected;
municipal license taxes;
amounts.
1. The revenues derived from the occupational
license tax, exclusive of the costs of collection and
any credit given for municipal license taxes, shall
be apportioned between the unincorporated arca
of the county and the incorporated municipalities
located therein by a ratio derived by dividing their
M a M
LICENSM AND LICENSE TAXES
respective populations as determined by the latest
decennial census.
2. The revenues so apportioned shall be sent to
the governing authority of each municipality ac-
cording to its ratio and to the governing authority
of the county according to the ratio of the unin-
corporated area within the fifteen (15) days fol-
lowing the month of receipt.
(Ord. No. 9149, § 1, 12-10-91)
. Section 207.05. Term of license transfer.
1. No license shall be issued for more than one
(1) year and all licenses shall expire on September
30 of each year, except as otherwise provided by
law.
2. All business licenses may be transferred to a
new owner when the there is a bona fide sale of
the business upon payment of a transfer fee of
three dollars ($3.00) and presentation of evidence
of the sale and the original license.
3. Upon written request and presentation of the
original license, any license may be transferred
from one (1) location to another location within
the county upon payment of a transfer fee of three
dollars ($3.00).
4. It shall.be the duty of every person taking
over or purchasing an existing business which is
required to be licensed under this chapter to no.
tify the tax collector of the county within thirty
(30) days of the take-over or purchase of the busi-
ness.
(Ord. No. 91-49, § 1, 12-10.91)
Section 207.08. Issuance of license-, compli.
ance with state laws.
No license shall be issued until all applicable
state laws are complied with, including, but not
limited to required licensing and qualification
standards.
(Ord. No. 91-49, § 1, 12-10-91)
Section 207.07. Maldngfalse statement in ap.
plication for license.
It shall be a violation of this ordinance for any
person who, in applying to the tax collector for a
license based upon capacity, number of persons
Supp. Na 5
207/3
§ 207.10
employed, or any other contingency, to knowingly
MA ke a false statement of capacity, number of
persons employed, or other contingency.
(Ord. No. 9149, § 1, 12-10-91) ' '
Section 207.08. Issuance of license; display;
_ forms, etc.
The tax collector shall make a duplicate of each
license issued. The person obtaining the license
shall keep the same displayed conspicuously at
the place of business and in such a manner as to
be open to the view of the public and subject to the
inspection of all duly authorized officers of the
county. Persons without a fixed place of business
or who operate from a vehicle shall keep the same
on their person or in their vehicle at all times
while conducting business. Upon failure to do so,
the licensee shall be subject to the payment of
another license tax for engaging in or managing
the business or occupation for which the license
was obtained. If the payment of a license is made
to the department of banking and finance, depart.
ment of insurance or department of revenue, the
license shall be issued by the office to whom the
payment must be made.
(Ord. No. 91-49, § 1, 12-10.91)
Section 207.09. Report of county tax col-
lector.
The tax collector shall transmit to the county
commissioners, in accordance with F.S. § 219.07,
a statement showing the total number of licenses
issued and the amount of money collected for
county licenses. Each monthly statement shall be
signed by the tax collector; the tax collector shall
make monthly payment of that amount collected
by him for occupational licenses to the county de-
pository, retaining a copy of the statement and a
copy of each license issued by him for his office
records.
(Ord. No. 9149, § 1, 12-10.91)
Section 207.10. Tax payable; delinquent li-
cense tax; penalty; collection
costs.
1. All licenses shall be sold by the tax collector
beginning September 1 of each year and shall be
due and payable on October 1 of each year and
FEBRUARY 7, 1995 38 BOOK 94 [Awv 255
1207.10
WIAN GIVER COUNTY CODE
shall expire on September 30 of the succeeding
year. Those licenses not renewed by October 1
shall be considered delinquent and subject to a
delinquent penalty of ten (10) percent for the
month of October, plus an additional five (5) per.
cent penalty for each month of delinquency there.
after until paid, provided that. the total delin-
quency penalty shall not exceed twenty-five (25)
percent of the occupational license fee for the de-
linquent establishment.
2. The tax collector shall make provisions to
sell licenses to persons wishing to begin a bust
ness or occupation for which a license is required
prior to September 1, or after October 1 of any
year.
(Ord. No. 9149, § 1, 12-10.91)
Section 207.11. Method of collection of delin-
quent license tares, gener-
ally; liens.
Any person subject to, and who fails to pay, a
license or privilege tax required by this or any
other law of the state, shall be guilty of violation
of a county ordinance and subject to the penalties
Provided therein, and, on petition of the officer to
whom the said tax is payable, shall be enjoined by
the circuit court from engaging in the business for
which he has failed to pay said license tax, until
such time as he shall pay the same plus costs of
such action, plus a penalty of twenty-five (25) per-
cent of the license due, pursuant to F.S. §
205.053(2).
(Ord No: 91-49, § 1, 12-10.91)
Section 207.12. Charitable, organizations; oc-
casional sales; fundraising
,mPtiom
No occaipational licenses shall be required of
any charitable, religious, fraternal, youth, cis,
service or other such organization when the orga-
nization makes Occasional salsa or engages in fund.
ung Projects and when the proceeds from the
activities are used exclusively in the charitable,
religious, fraternal, youth, civic and service actio
ities of the organization.
(Ord No. 9149, § 1,12.10.91; Ord. No. 92.23, § 1,
6-23.92)
Supp. Na 5 207/4
Section 207.13. Other license taxes to be in
addition to the occupational
license tax.
Fees or licenses paid to any board, commission
or officer for permits, registration, examination,
inspection or other regulatory purposes shall be
in addition to and not in lieu of any occupational
license tax required by this chapter or other law
unless otherwise expressly provided by law.
(Ord. No. 9149, § 1, 12-10.91)
Section 207.14. Exemption allowed disabled,
invalids, aged and single par
eats with minor dependents.
1. All disabled persons physically incapable of
manual labor, single parents with minor depen.
dents, and persons sixty-five (65) years of age or
older, with not more than one (1) employee or
helper, and who use their own capital only, not in
excess of one thousand dollars ($1,000.00) shall be
allowed to engage in any business or occupation
in Indian River County without being required to
pay for a license, except that his exemption shall
not apply to any of the occupations specified in
sections 207.28 (dance halls, variety ,exhibition,
etc.) and 207.30 (fortunetellers, clairvoyant, etc.)
The exemptions from taxes provided by -this sec-
tion shall be allowed only upon the certificate of
the county physician, or other reputable physi-
cian, that the applicant claiming the exemption is
disabled and unable to perform manual labor, the
nature and extent of the disability being specified
therein, and in case the exemption is claimed by a
single parent with minor dependents, or a person
over sixty-five (65) years of age, proof of the right
to the exemption shall be made. Any person enti-
tled to the exemption provided by this section,
shall, upon application and fuiznishing of the nec-
essary proof as aforesaid, be issued a license which
shall have Ply stamped or written across the
face thereof the fact that it is issued under this
section, and the reason for the exemption shall be
written thereon.
2. In no event under this or any other law shall
any Pin, Veteran or otherwise, be allowed any
exemption whatsoever from the payment of any
amount required by law for the issuance of a li-
cense to sell intoxicating liquors, malt and vinous
FEBRUARY 7, 1995 39
LICENSING AND LICENSE TAXES
beverages; or for the operation of any slot ma-
chine, punch board or any other gaming or gam-
bling device.
(Ord No. 9149, $ 1, 12-10.91)
Section 207.15. p:»em1 11 allowed disabled
veterans of any war or their
unremarried widows.
1. Any bona fide, permanent resident elector of
the state who serves as an officer or enlisted man
in the United States Army or Army Reserve, Na-
tional Guard, United States Navy or Naval Re-
serve, United States Coast Guard or Coast Guard
Reserve, United States Marine Corps, or any tem-
porary member thereof, who has actually been or
may hereafter be reassigned by the Army, Navy,
Coast Guard or Marines to active duty, during
war or armed conflict, declared or undeclared; who
was honorably discharged from the service of the
United States and who at the time of his applica.
tion for license as hereinafter mentioned shall be
disabled from performing manual labor shall, upon
providing sufficient identification and proof as de-
scribed herein:
a. Be granted a license to engage in any busi-
ness or occupation in the county which may
be carried on mainly through the personal
efforts of the licensee as a means of liveli-
hood provided each such county license does
not exceed the sum of fifty dollars ($50.00);
or
b. Be entitled to an exemption to the extent of
fifty dollars ($50.00) on any license to en-
gage in any business or occupation in the
county which may be carried on mainly
through the personal efforts of the licensee
as a means of livelihood where the county
license for such business or occupation shall
be more than fifty dollars ($50.00). The tax
collector shall issue pursuant to the fore-
going provision and subject to the condition
thereof. Such license when issued shall be
marked across the face thereof "Veterans
Exempt License"—"Not Transferable." Be.
fore issuing the same, proof shall be duly
made in each case that the applicant is a
permanent resident and elector in the state
and is otherwise entitled under the c:ondi-
Supp. Na 3
207/5
f 207.15
tions of this law to receive the exemption
herein provided for. The proof may be made
by establishing to the satisfaction of the
tax collector by means of certificate of hon-
orable discharge or certified copy thereof
that he is a veteran within the purview of
this section and by exhibiting:
1. A certificate of government -rated dis-
ability to an extent of ten (10) percent
or more; or
2. The affidavit of testimony of a repu-
table physician who personally knows
thee applicant and who makes oath that
the applicant is disabled from per.
forming manual labor as a means of
livelihood; or
S. The certificate of the veteran's service
officer of Indian River County, duly ex.
ecuted under the hand and seal of the
chief officer and secretary thereof, at.
testing the fact that the applicant is
disabled and entitled to receive a li-
cense within the meaning and intent
of this section; or
4. A pension certificate issued to him by
the United States by reason of such dis-
ability; or, if the aforementioned are
unavailable;
5. Such other reasonable proof as may be
required by the tax collector to estab.
lish the fact that such applicant is so
disabled
c. All licenses issued under this section shall
be in the same general form, and shall ex-
pire at the same time as county licenses are
fixed by law to expire.
2. All licenses obtained under the provisions of
this section by the commission of fraud upon any
issuing authority shall be deemed null and void.
Any person who has fraudulently obtained any
such license, or who has fraudulently received any
transfer of a license issued to another, and has
thereafter engaged in any business or occupation
requiring a license under cover thereof shall be.
subject to prosecution for engaging in a business
or occupation without having the required license
under the laws of the state and the county.
S. In no event under this or any other law shall
any person, veteran or otherwise, be allowed any
FEBRUARY 7, 1995 40
900K 9 4 F'Af;,L 2 5 7
1207.15
INDMM RIVER COUNTY CODE
exemption whatsoever from the payment of any
amount required by law for the issuance of a li.
cense to sell intoxicating liquors, malt and vinous
beverages; for the operation of any slot machine,
punch board or any other gaming or gambling
device; or for any of the occupations specified in
sections 207.28 (dance halls, variety exhibitions,
etc.) and 207.30 (fortunetellers, clairvoyants, etc.).
4. The unremarried spouse of the deceased, dis-
abled veteran of any war in which the United
States armed forces participated will be entitled
to the same exemptions as the disabled veteran.
(Ord. No. 91-49, § 1, 12-10.91)
Section 207.16. Farm, grove, horticultural,
floricultural tropical, piaci.
cultural and fish farm prod-
ucts;
roducts; certain m ruptions.
1. All farm, grove, horticultural, floricultural,
tropical. Pand tropical fish farm prod-
ucts, and products manufactured therefrom, ex-
cept intoxicating liquors, wine or beer, shall be
exempt from the county license tax, when the same
is being offered for sale or sold by the farmer or
grower producing said products. The management
of wholesale farmers produce markets shall have
the right to pay a license tax of three hundred
dollars ($300.00) that will entitle its stall tenants
to deal in agricultural or horticultural products
without obtaining individual licenses, but indi-
vidual licenses shall be required of such tenants
unless such license is obtained for the market.
2. Every person, other than nonprofit coopera.
tive associates, engaged in the business of packing
processing, or canning agricultural products not
grown by him, shall for each place of business pay
a license tax of fifteen dollars ($15.00), plus three
dollars ($3.00) for each five (5) persons employed;
Provided said license shall not exceed one hun-
dred fitly dollars ($150.00).
(Ord No. 91-49, § 1, 12-10.91)
Section 207.17. Religious tenets ememption.
Nothing in this chapter shall be construed to
require a license for practicing the religious te.
nets of any church.
(Ord. No. 91-49, § 1, 12-10.91)
Supp. No. 3 207/6
FEBRUARY 7, 1995 41
boa 94 pn 258
Section 207.18. School activities; certain ex-
emption.
College, junior high, and high school students
may, with the approval of the athletic association
or authority of their school, sell the pennants,
badges, insignia, candy, and novelties of their
school without being required to pay a license.
School -authorized concessions operated by stu-
dents for proceeds which benefit the school or its
organizations are exempt from the county license
tax.
(Ord. No. 91.49, § 1, 12-10-91)
Section 207.19. Advertising space renters.
Every person renting for profit advertising space
in or on any boat, car, bus, truck or other vehicle
shall pay a license tag of one dollar and eighty.
five cents ($1.85) for each such boat, car, bus, truck
or other vehicle operated by him.
(Ord. No. 9149, § 1, 12-10-91)
Section 207.20. Amusement devices.
1. Every person who operates for a profit any
game, amusement or recreational device, contriv-
ance, or facility not otherwise licensed by some
other law of the county shall pay a license tax of
nine dollars and thirty-five cents ($9.35) on each
such game, amusement or recreational device, con-
trivance or facility.
2. Any person who operates any of the above
devices for profit under the sponsorship of a mer-
chant, shopping center or merchants' association
shall be licensed under this section. This license
shall be good for one (1) location only; however,
the licensee may return to the same location
during the same license year without obtaining
an additional license other than for any addi-
tional devices.
(Ord No. 9149, § 1, 12-10.91)
Section 207.21. Hotels, apartment hotels, mo.
tels, etc.
1. Every person engaged in the business of
renting accommodations, as defined in F.S. Ch.
509, except nontransiently rented apartment
houses, shall pay for each place of business an
amount of ninety-five cents ($0.95) for each room.
M M M
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LICENSING AND LICENSE TAXES
However, no such establishment shall pay less
than fifteen dollars ($15.00) for said license. The
room count to be used in this section shall be the
same'as used by the division of hotels and restau-
rants of the department of business regulations
under F.S. § 509..251.
2. The tax collector shall not issue an occupa-
tional license to any business coming under the
provision of this section until a license has been
procured for such business from the division of
hotels and restaurants of the department of busi-
ness regulation.
(Ord. No. 9149, § 1, 12-10-91)
Section 207.22. Cemeteries, mausoleums, etc.
Every person engaged in the business of oper-
ating for a profit a cemetery, mausoleum or sim-
ilar place or institution shall for each place of
business pay a license tax of one hundred fifty
dollars ($150.00).
(Ord No. 9149, § 1, 12-10-91)
Section 207.23. Flea markets, open-air mar-
kets, eta
Every person engaged in the business of oper-
ating for a profit a flea market, open-air market,
bazaar or similar operation consisting of shops or
stalls selling miscellaneous articles shall pay a
license tax of two hundred twenty-five dollars
($225.00) plus thirty dollars ($30.00) for each shop
or stall from which goods are sold. Individual mer-
chants within the shops or stalls shall not be re-
quired to obtain an occupational license from the
county if the owner or operator of the flea market,
open air market or bazaar has obtained the req-
uisite license for each shop or stall.
(Ord. No. 91-49, § 1, 12-10-91)
Section 207.24. Circuses, traveling shows,
tent shows, eta; side shows.
1. Shows of all kinds, including circuses, vaude-
ville, minstrels, theatrical, traveling shows exhi.
bitions or amusement enterprises, including car.
nivals, rodeos, theatrical games or tests of skill,
riding, devices, dramatic repertoire and all other
shows of amusement, or any exhibition giving per.
formances under tents or temporary structures of
any kind, whether such tents or temporary struc-
Supp. No. 11
FEBRUARY 7, 1995 42
§ 207.24
tures are covered or uncovered, shall pay a license
tax for each day of thirty dollars ($30.00).
2. For the purpose hereof, the show, riding de-
vice, concession or side show charging the highest
admission or fee shall be considered the main show
in determining the license tax to be levied. When
there is more than one (1) such riding device, con-
cession or side show in this admission or free -
price group, any one (1) of the same may be.con-
sidered the main show.
3. Any of the shows mentioned in this section
which has paid a license tax as provided in this
section shall be allowed to operate a side show
upon the payment of a license tax of thirty dollars
($30.00) for each day.
4. The following shall be considered side shows
on which shall be levied license tax provided above:
a. All riding devices, including merry-go-
rounds, ferns wheels, or any other rides or
automatic riding devices;
b. All concessions, including revolving wheels,
corn games, throwing balls, rolling balls,
can racks, knife racks, weighing machines,
games or tests of skill or strength, candy
machines, sandwich, confectionery or sim-
ilar stands or any booth, unit, tent or stand
commonly known as a concession; and
c. Every exhibition, display concert, athletic
contest, lecture, minstrel, or performance
for which admission is charged, a fee is col.
lected, or a charge is made for anything of
value; provided that no license shall be is-
sued for a side show unless a license has
been paid for a main show, or exhibition or
structure; and provided further, that both
licenses shall be issued to the same party
and for the same day.
5. The license taxes provided for by this section
shall be collected for each and every tent and for
each and every day to which admission is charged;
provided that annual licenses may be issued to
any of the shows or exhibitions mentioned in this
section when such show or exhibition is perma-
nently located in one (1) place, upon the payment
of six (6) times the full amount of the daily license
tax, according to the charge for admission and
207/7
§ 207.24
INDIAN RIVER COUNTY CODE
population as defined and described by this sec-
tion; but a license so issued shall be good only for
the place for which it was originally taken out,
and the tax collector shall so state in writing on
the face of each.
6. No fractional license shall be issued under
this provision.
7. Exempt from the provisions of this section
are public fairs, expositions as defined in F.S. Ch.
616, and exhibits held by bona fide nonprofit or.
ganizations on the premises of a licensed public
lodging establishment in connection with a con-
vention.
(Ord. No. 9149, § 1, 12-10.91; Ord. No. 93-14, § 1,
4-6.93)
Section 207.25. Traveling medicine shows.
1. There is hereby levied a daily license fee for
thirty dollars ($30.00), in addition to all other li-
censes, on itinerant medicine shows where enter.
tainment is given incidental to or as part of an
effort to sell any product by such license in the
county.
2. The additional license fee here imposed shall
be collected and the license issued in the same
manner as the licenses provided for in section
207.24 (circuses, traveling shows, etc.)
(Ord. No. 91-49, § 1, 12-10-91; Ord. No. 93-14, § 1,
4-6-93)
Section 207.26. Cafes, restaurants and other
eating establishments.
1. Every person engaged in the business of op.
erating a restaurant, tate, snack bar, dining room,
drive-in eating establishment, or other public
eating place, whether operated in conjunction with
some other line of business or not, except dining
rooms in licensed public lodging establishments,
shall pay a license tax based on the number of
people for whom there are seats or accommoda.
tions for the service of food at any one (1) time, in
accordance with the following schedule.
a. 0-30 seats ................. - $18.75
b. 31-74 seats ................ 37.50
c. 75-149 seats ............... 56.25
Supp. No. 11 207/8
BOOK 9
d. 150 or more seats ........... 75.00
e. Snack counters which maintain no seats or
take-out service shall pay a license. tax of
thirty dollars ($30.00).
f. Drive-in restaurants where customers are
served while seated in their cars shall pay
a license tax of sixty dollars ($60.00). The
license required by this paragraph shall be
in addition to the license required in para-
graphs (a) through (d) above.
2. The seating capacity and classifications used
by the division of hotels and restaurants of the
department of business regulation under F.S. §
509.251, shall be used in this section.
(Ord. No. 91.49, § 1, 12-10-91)
Section 207.27. Contracting
Each person who contracts or subcontracts to
construct,alter, repair, dismantle, or demolish
buildings, roads, bridges, viaducts, sewers, water
and gas mains or engages in business of construc-
tion, alteration, repairing, dismantling or demo-
lition of buildings, roads, bridges, viaducts, sewers,
water and gas mains must obtain a license as a
contractor. The license tax shall be fourteen dol-
lars ($14.00).
Section 207.28. Dance halls, variety ezhibi.
tions, etc.
1. Every person who operates any place for
profit where dancing is permitted or where enter-
tainment is provided for a charge, such as variety
programs or exhibitions, shall pay a license tax of
thirty dollars ($30.00). The license required by this
section shall be in addition to any other license
required by law, and the operation of such a place
as herein described shall not be construed to be
incidental to some other business; provided, that
a license. may be issued for one (1) night only,
upon the payment of one hundred fifty dollars
($150.00), but in such cases the tax collector must
write across the license the words, "Good for one
night only," provided further, that this section
shall not apply to hotels or motels of fifty (50)
licensed units or more paying an occupational li-
cense as provided for in section 207.21; provided
further that no such limitation of licensed units
FEBRUARY 7, 1995 43
s s �
LICENSING AND LICENSE TADS § 207.31
as heretofore provided shall affect the license of
hotels previously issued.
2. Exempted from the provision of this chapter
are:
a. Variety exhibitions conducted or exhibited
in a motion picture theater which pays the
annual occupational license tax as provided
by law.
b. Any traveling variety show or band which
performs under the control of a charitable
or fraternal organization with the orgam-
zation putting on the show on its own ac-
count and paying the show a fixed compen-
sation (not on a percentage basis).
c. Local cultural or concert music organiza-
tion or professionals' or artists' organiza-
tion which appears under the auspices of
such local cultural or concert music orga-
nizations.
d. Educational institutions and off -campus
professional talent, when employed by such
institutions for student entertainment, such
as sports events, musical concerts, dance
bands and dramatic productions, when such
activities are produced or conducted under
the auspices of such educational institu-
tions:
e. Traveling shows put on by local merchants,
where no admission is charged, either di-
rectly or by increasing the prices of items
sold.
f. Dances or variety entertainments given by
local performers, the proceeds of which are
given to local charities.
g. Any dance held by any group of private in-
dividuals who hold square dances and
square dance competitions for recreation
rather than profit, and where the only
charge made is to cover actual expense in-
curred by square dance competitions.
(Ord. No. 91-49, § 1, 12-10-91; Ord. No. 93-14, § 1,
4-6-93)
Section 207.29. Electric power, gas plants
and community television an-
tenna companies.
1. Every person engaged in the business of fur-
nishing electric power, gas or community televi-
Supp. No. 11 20719
FEBRUARY 7, 1995 44
cion antennas service for a profit shall pay the
following license tau determined by the popula-
tion of the area served according to the latest of-
ficial census:
Population Tax
a.
40,000 or more ..............
$562.00
b.
30,000-39,999 ..............
450.00
c.
20,000-29,999 ..............
225.00
d.
10,000-19,999 ..............
168.75
e.
5,000-9,999 ................
150.00
f.
3,000-4,999 ................
75.00
g.
1-2,999 ....................
45.00
2. Municipal corporations which own and op-
erate their own electric power plant or gas plant
shall not be subject to the above tam.
(Ord. No. 91-49, § 1, 12-10-91)
Section 207.30. Fortunetellers, clairvoyants,
etc.
1. Every fortuneteller, clairvoyant, palmist, as-
trologer, phrenologist, character reader, spirit me-
dium, absent treatment healer, or mental healer
and every person engaged in any occupation of a
similar nature shall pay a license tax of thirty
dollars ($30.00).
2. This section does not apply to churches which
heal the sick by prayer or regularly ordained min-
isters of churches who are members of Florida
State Spiritualist Ministerial Association whose
charters are filed in the Library of Congress and
on record in the state capitol in Tallahassee.
(Ord. No. 9149, § 1, 12.10.91; Ord. No. 93-14, § 1,
4-6-93)
Section 207.31. Junk dealers—License re-
quirements; penalty.
1. In construing this section, unless the context
otherwise requires, the following words or phrases
shall mean:
a. Junk means old or scrap copper, brass, rope,
rags, batteries, paper, trash, debris, waste;
junked, dismantled, or wrecked automo-
biles, trucks, tractors, watercraft or parts
baaK 94 F,1!i 261
§ 207.31
INDIAN RIVER COUNTY CODE
thereof; iron, steel, and other kinds of scrap
or waste material.
b. Junkyard means an establishment or place
of business which is maintained, operated,
or used for storing, keeping, buying or
selling junk, or for the maintenance or op-
eration of an automobiles graveyard, and
the teras shall include garbage dumps and
sanitary fills.
C.
d.
Junk dealer means any person who is not a
traveling junk dealer within the purview of
section 207.32 and is engaged in the busi-
ness of maintaining and operating a junk.
yard.
Scrap metal processing plant means an es.
tablishment or place of business main-
tammg and operating machinery and equip-
ment used to process scrap iron, steel and
other metals to specifications prescribed by,
and for sale to, mills and foundries.
Scrap metal processor means a person main-
taining and operating a scrap metal pro-
cessing plant.
2. Every person engaged in business as a scrap
metal processor shall pay a license tax of one hun-
dred fifty dollars ($150.00).
3. Every person engaged in business as a junk
dealer shall pay a license tax of one hundred dol.
lars ($100.00).
4. a. Every person licensed as a junk dealer or
scrap metal processor when purchasing any
articles shall keep a full and complete
record of each transaction showing from
whom and when each article was purchased
or acquired and to whom sold and the date
of such sale.
b. Every person licensed as a junk dealer or
scrap metal processor when purchasing any
metals shall keep the following additional
information: The record shall include a re-
ceipt signed by the seller; and a copy of
such receipt signed by the seller; and a copy
of such receipt shall be given to the seller.
This receipt shall reflect the quality and
quantity of metals purchased, the seller's
name and address, the license number of
bona PAGE 62
the seller's motor vehicle conveying the
metals, and the number of the seller's driv-
er's license.
c. The records required to be kept by para-
graph (4)(a) and (4)(b) shall be maintained
by the purchaser for a period of not less
than one (1) year and shall at all time be
subject to inspection by any law enforce-
ment officer commissioned in the state.
5. Purchase of metals for a price exceeding ten
dollars ($10.00) from minors is prohibited.
6. Any person violating any provision of this
section shall be deemed guilty of violating a county
ordinance and subject to penalties accordingly.
(Ord. No. 91-49, § 1, 12-10.91)
Section 207.32. Same—Traveling.
Each person who travels from place to place
purchasing or selling junk shall pay a license tax
of thirty dollars ($30.00) and shall, before leaving
the county, submit to the sheriff a list of any junk
he has purchased within the county together with
the name and permanent address of the person
from whom purchased.
(Ord. No. 91-49, § 1, 12-10-91)
Section 207.33. Liquefied petroleum gas; dis.
tributors, installers, and
manufacturers.
All persons who deal in liquefied petroleum gas
either as distributors, installers or manufacturers,
shall pay the following license taxes; however,
such persons shall be exempt from the provisions
of sections 207.27 and 207.29.
1. Manufacture of appliances and equipment
for use of liquefied petroleum gas, one hun.
dred twenty-five dollars ($125.00).
2. Installation of equipment to be used with
liquified petroleum gas, fifty dollars
($50.00).
3. Dealer in liquefied petroleum gas, in appli.
ances and equipment for use of such gas
and in the installation of appliances and
equipment, one hundred twenty-five dol.
lars ($125.00).
(Ord. No. 91.49, § 1, 12.10-91)
Supp. No. 11 207/10
FEBRUARY 7, 1995 45
LICENSING AND LICENSE TAXES
Section 207.34. Manufacturing, processing
quarrying and mining.
1. Every person engaging in the business of
manufacturing, processing, quarrying, or mining
must obtain a license under this section. The
amount of the license tax shall be twenty-six dol-
lars and fifty cents ($26.50).
2. No license shall be required under this sec-
tion where the manufacturing, processing, quar-
rying, or mining is incidental to and a part of
some other business classification for which a li-
cense is required by this chapter and is carried on
at the place of business licensed under such clas-
sification.
(Ord. No. 9149, § 1, 12-10-91)
Section 207.35. Miscellaneous businesses not
otherwise provided.
Every person engaged in the operation of any
business of such nature that no license can be
properly required for it under any other provision
of this chapter or other law of the state, shall pay
a license tax of two hundred twenty-five dollars
($225.00); provided that no license shall be re-
quired for the growing or producing of agricul-
tural and horticultural products.
(Ord. No. 91-49, § 1, 12-10-91)
Section 207.36. Moving picture shows, the.
aters and drive-in theaters.
1. Owners, managers or 'lessors of theaters or
halls employing traveling troupes, theatrical, op-
erative, or minstrel, giving performances in build-
ings fitted up for such purposes, or moving picture
shows giving exhibitions in buildings permanently
used for such purposes or drive-in theaters, shall
be allowed to give as many performance or exhi-
bitions in such buildings, theaters or area as they
wish on payment of the following license tax.
a. In cities or towns of twenty thousand
(20,000) inhabitants or more, a license tax.
of four hundred fifty dollars ($450.00) per
annum.
b. In cities and towns of less than twenty thou-
sand (20,000) and more than fifteen thou-
sand (15,000) inhabitants, a license tax of
§ 207.38
three hundred thirty-seven dollars and fifty
cents ($37.50) .per annum.
c. In cities or towns of less than fifteen thou-
sand (15,000) and more than ten thousand
(10,000) inhabitants, a license tax of two
hundred. twenty-five dollars ($225.00) per
annum. .
d. In cities or towns of less than five thousand
(5,000) inhabitants, a license tax of one hun-
dred fifty dollars ($150.00) per annum.
e. In cities or towns of less than five thousand
(5,000) inhabitants, a license tax of thirty
dollars ($30.00) per annum.
2. Whenever any moving picture show, theater
or drive-in theater is located outside the limits of
any municipality, the license tax shall be based
on the population of the nearest municipality.
(Ord. No. 9149, § 1, 12-10-91)
Section 207.37. Pawnbrokers—Generally.
1. Every person engaged in the business of
pawnbroker shall pay a license tax of thirty dol-
lars ($30.00) for each place of business.
2. No person licensed to engage in the small
loan business under the provisions of F.S. Ch. 516,
shall act as a pawnbroker.
3. Pawnbrokers shall keep a complete and true
record of all transactions, showing from whom
each article of their stock was purchased or
pledged, the date of the transaction and the date
to whom each article was sold, which record shall
at all times be subject to the inspection of all po-
lice or peace officers.
4. Any person violating the provision of this
section shall be deemed guilty of violating a county
ordinance and subject to the penalties provided
therein.
(Ord. No. 91-49, § 1, 12-10-91; Ord. No. 93-14, § 1,
4-6.93)
Section 207.38. Same—Reports to sheriff;
penalty.
Every person engaged in the business of pawn.
brokers, licensed under section 207.37, shall make
monthly reports to the sheriff of the county in
Supp. No. 9 207/11
FEBRUARY 7, 1995 46
boas
§ 207.38
INDIAN RTVER COUNTY CODE
which such business is operated of the informa-
tion required to be maintained by such pawnbro-
kers under the provisions of section 207.37, and
any person failing to make such report shall be
subject to the penalty provided in said section.
Forms for the preparation of -the reports required
herein shall be prescribed and furnished by the
department of law enforcement.
(Ord. No. 91-49, § 1, 12-10-91)
Section 207.39. Permanent exhibits.
Anyone who operates for profit in the county
permanent exhibits shall pay a license fee of thirty
dollars ($30.00) for each exhibit.
(Ord. No. 91.49, § 1, 12-10-91; Ord. No. 93-14, § 1,
4-6.93)
Section 207.40. Professions, businesses, oc-
cupations.
1. Every person engaged in the practice of any
profession who offers his services either directly
or indirectly to the public for a consideration,
whether or not such endeavor be regulated by law,
shall pay a license tax of thirty dollars ($30.00) for
the privilege of practicing, which license shall not
relieve the person paying same from the payment
of any license tax imposed on any business oper-
ated by him.
2. Every person engaged in a profession, busi.
ness or occupation regulated by law where li-
censed and qualification standards are required
shall display and exhibit to the tax collector the
license for the current year prior to the tax col-
lector issuing an occupational license pursuant to
this section.
3. An occupational license shall not be required
where a person, although licensed by law under a
regulatory statute, is prohibited from engaging in
a profession, business or occupation unless under
the direct supervision of another person, indi.
vidual or corporation.
4. Reserved.
5. As used in this section, "profession" means
an occupation or vocation requiring training in
the liberal arts or the sciences and advanced study
in a specialized field, and includes, but is not lim-
ited to, such professions as:
BOOK 94 FAGS 264
Accountants
Engineers
Physicians
Analytical
Naturopaths
Podiatrists
Chemists
Architects
Oculists
Psychologists
Attorneys
Opticians
Real Estate
Brokers
Chiropractors Optometrists surgeons
Dentists Osteopaths
(Ord. No. 91-49, § 1, 12.10.91; Ord. No. 92-23, §§
2, 3, 6-23-92; Ord. No. 92.37, § 2, 9-22-92)
Editor's note—It should be noted that Ord. No. 92-34,
adopted Aug. 28, 1992, amended Ord. No. 92.23 by changing
the ei%ctive date to October 1, 1992.
Section 207.41. Public service.
1. Every person engaged in a business in the
county as owner, agent, or otherwise that per-
forms some service for the public in return for a
consideration must obtain a license under this sec-
tion. The amount of the license tax shall be sev-
enteen dollars ($17.00).
2. No license shall be required under this sec-
tion for any business the principal function of
which is the performance of some service for the
public in return for a consideration when the na-
ture of the service is such that it is a necessary
part of some other business for which an occupa-
tional license is required by another section of
this chapter, but this provision shall not be con-
strued to exempt service departments of merchan-
dising and other lines of business from the license
required by this section, with the exception of gas.
oline service stations with not more than three (3)
persons engaged in the performance of a service
for a consideration:
(Ord. No. 91-49, § 1, 12-10-91)
Section 207.42. Retail store license.
1. For the privilege of conducting, engaging in
and carrying on the business of a retailer as de-
fined in this section, there is hereby levied and
assessed upon every person, or association of per-
sons, an annual license tax in the sum of thirty
dollars ($30.00)
2. The following words terms and phases when
used in this section have the meaning ascribed to
Supp.,X0. 9 207/12
FEBRUARY 7, 1995 47
LICENMNG AND LICENSE TAXES 207.46
them, except where the contest clearly indicates a
different meaning.
a. Retailer includes every person engaged in
the business of making sales at retail.
b. Retail sale or sale at retail means any sale
of a tangible goods to a consumer or to any
person for any purpose other than for re-
sale in the form of tangible personal prop-
erty; provided, that no sale shall be con-
strued to be a "retail sale" where goods,
wares and merchandise are sold in whole-
sales quantities at wholesale prices by li-
censed wholesale dealers under standing or-
ders or through outside salesmen.
S. The term "retailer" shall not include bulk
plants or filling stations engaging principally in
the sale of gasoline and other petroleum products,
ice plants or ice dealers engaging principally in
the sale of ice; bakeries and other manufacturing
or processing plants selling only the products man'
ufactured or processed therein; or restaurants,
cafes, cafeterias, hotels and liquor stores; pro-
vided, however, that where food or intoxicating
liquors are sold in connection with a principal busi-
ness, but only incidental- thereto, said principal
business shall not be exempt from the license, tax
imposed herein. Provided, further, that incidental
sales not otherwise excepted in this subsection
made by a licensed wholesaler to consumers at
wholesale prices shall not be construed to be re-
tail sales unless such sales exceed five (5) percent
of such wholesaler's total sale.
(Ord. No. 91-49, § 1, 12.10.91)
Section 207.43. Schools, colleges, etc.
Every person engaged in the business of oper-
ating a school, college, or other educational or
training institution for profit shall pay a license
tax of thirty ($30.00) for each place of business,
except that persons giving lessons or instruction
in their homes without assistants or a staff shall
not be required to pay a license tax.
(Ord. No. 91-49, § 1, 12-10.91)
Section 207.44. Telephone systems.
Every person engaged in the business of owning
or operating telephone systems in the county for
profit shall pay a license tax according to the fol-
lowing schedule:
1. On the first one thousand (1,000) line con-
nections to a residential unit or business,
or fraction of one thousand (1,000), nine-
teen cents ($0.19) for each phone or instru-
ment operated or installed.
2. On the second one thousand (1,000) or frac-
tion over one thousand (1,000), fifteen cents
($0.15) for each phone or instrument oper-
ated or installed; and
3. On all over two thousand (2,000), eleven
cents ($0.11) for each phone or instrument
operated or installed; and
4. Owners or managers of telephone systems
operated or having installed less than one
hundred (100) phones or instruments shall
not be required to pay a license tax.
(Ord. No. 91-49, 6-1, 12-10.91)
Section 207.45. Telegraph systems.
Every person engaged in the business of owning
or operating telegraph systems within the county
shall pay a license tax to the tax collector of one
dollar and thirty cents ($1.30) per mile, said
mileage to be based upon the actual distance from
point to point and not upon the number of miles of
(Ord. No. 91-49, § 1, 12-10-91)
Section 207.46. Trading, etc. intangible per.
sonal property.
1. Every person engaged in the business of
trading, bartering buying, lending or selling in-
tangible personal property, whether as owner,
agent, broker or otherwise, shall pay a license tax
of seventy-five dollars ($75.00) for each place of
business.
2. No license shall be required under this sec-
tion where the trading, bartering, buying, lending
or selling is incidental to and a part of some other
business classification on which an occupational
license tax is imposed by this chapter, or other
law of this state.
(Ord No. 91-49, § 1, 12.10.91)
Supp. No. 3 207/13
FEBRUARY 7, 1995 48
BOOK. 94 F'nE 265
6207.47
INDIAN XrM COUNTY CODE
Section 207.47. Tangible personal property.
1. Every person engaged in the business of
trading, bartering, serving, or selling tangible per-
sonal property, or fish for human consumption, as
owner, agent, broker, or otherwise, shall pay a
license tax of thirty dollars ($30.00) for each place
of business; provided that the license for each bulk
plant or depot of wholesale dealer in petroleum
products shall be seventy-five dollars ($75.00). Ve-
hicles used by any perm for the sale and delivery
of tangible personal property at wholesale from
his established place of business on which a li-
cense is paid shall not be construed to be separate
places of business.
2. No license shall be required under this sec.
tion where the trading, buying, bartering, serving
or selling of tangible personal property is a nec-
essary incident of some other business classifica•
tion for which an occupational license is required
by this chapter and is carried on that the place of
business licensed under such other classification,
nor shall this section apply to any person engaged
in the sale of motor vehicles or principally in the
sale at retail of gasoline and other petroleum prod-
ucts.
3. No license shall be required under this sec-
tion where the trading, buying, bartering, serving
or selling of tangible personal property is done by
an individual less than three (3) times per year
and not as a business or principal source of in-
come.
(Ord. No. 91-49, § 1, 12-10.91)
Section 207.48. Vending machines.
1. As used in this section the following words
shall have the meaning set forth in this subsec-
tion:
a. Merchandise vending machines means any
machine, contrivance or device which is set
in motion or made or permitted to function
by the insertion of a coin, slu& token or
paper currency and dispenses merchandise
without the necessity of replenishing the
device between each operation. _
b. Merchandise vending machine operator
means any person who operates for a profit,
Supp. Na 3
207/14
FEBRUARY 7, 1995 49
BOOK 94 pmll
thirty -rive (35) or more merchandise
vending machines.
c. Services vending machine means any ma-
chine, contrivance or device which is'set in
motion or made or permitted to function by
the insertion of a coin, slug, token, or paper
currency and which' dispenses some service
or amusement.
d. Service vending machine operator means
any person who operates for a profit thirty-
five (35) or more service vending machines.
e. Laundry equipment means any equipment
necessary for operation of a coin-operated
laundry, including washers, dryers,
pressing or ironing machines and soap,
bleach and laundry dispensing machines.
2. Any person who operates for a profit, or al-
lows to be operated for a profit, in his place of
business or on his. property, any of the above ma-
chines shall pay a licence tax according to the
following schedule of fees and exemptions.
a. Merchandise vending machines by other
than merchandise vending machine opera
tors, nine dollars and forty cents ($9.40) for
each machine; provided that when any mer-
chandise vending machine is located in and
operated only in a place of business for
which a license has been issued for trading,
buying, bartering, serving or selling tan-
gible personal property under this article,
the license tax thereon shall be three dol-
lars and seventy-five cents ($3.75) for each
machine.
b. Merchandise vending machine operators,
one hundred and fifty dollars ($150.00) for
the privilege of engaging in such business,
and shall further pay an annual license tax
of ninety-five cents ($0.95) for each ma-
chine.
c. Service vending machines by other than ser-
vice vending operators, nine dollars and
forty cents ($9.40) for each machine.
d. Service vending machine operators, three
hundred seventy-five dollars ($375.00) for
the privilege of engaging in such business,
and shall further pay an annual license tax
LICENSING AND LICENSE TAXES 1207.50
of two dollars and twenty-five cents ($2.25)
for each machine.
e. Laundry equipment, ninety-five cents
($0.95) for each piece of equipment.
E Coin-operated radio, television and similar
devices installed in businesses providing
housing accommodations for the traveling
public, twenty-one dollars ($21.00) for coin.
operated radios, television sets, vibrating
mattresses or similar devices installed in
guest rooms in hotels, tourist homes, tourist
courts, rooming houses and other businesses
providing housing accommodations for the
traveling public, and further pay an an.
nual license tag of forty cents ($0.40) for
each device.
g. One., five-, or ten -cent vending machines,
ninety-four cents ($0.94) for each machine.
3. The following vending machines and lockers
are exempt from the tax provided by this section:
a. All vending machines which dispense only
United States postage stamps are hereby
exempt from the payment of any excise or
license tag levied by the county.
b. One-, five, ten -cent vending machines lo.
cated in licensed places of business and dis-
pensing any nuts, citrus juices and other
food products.
c. Cohn -operated parcel checking lockers- and
toilets locks used in railroad, bus, airport
stations, or depots and in hotels, boarding
houses, restaurants and restrooms for the
convenience of the public.
d. All coin-operated telephones which are oth.
erwise subject to tax under section 207.45
of this chapter
4. All machines licensed under paragraphs (a),
(b), and (c) of subsection (2) shall display in a prom-
inent place on each machine a sticker or decal to
be furnished or approved by the tax collector
showing that the tax has been paid.
5. Whenever any tax collector shall find any
vending machine required to be licensed under
this section operating without a current license
he shall attach to the machine a notice of delis.
quent taxes. Any person who removes notice of
delinquent taxes or who removes any moneys from
the machine before license taxes are paid shall be
guilty of misdemeanor. If at the end of ten (10)
days the license tag remains unpaid, the person
responsible for paying the license tax shall be
guilty of violation of a county ordinance subject to
penalties accordingly.
(Ord. No. 91-49, § 1, 12.10-91)
Section 207.49. Water companies and sewage
disposal companies.
1. Every person engaged in the business of op-
erating water companies or sewage disposal com-
panies shall pay the following license taxes on the
population served:
Population Tax
1. 40,000 or more .............. $562.00
2. 30,000-39,999 .............. 450.00
3. 20,000-29,999 ..............
187.50
4. 10,000-19,999 ..............
140.50
5. 5,000-9,999 ................
86.25
6. 3,000-4,999 ................
46.85
7. 1,000-2,999 ................
28.12
8. 999 or less ..................
18.75
2. For the purpose of this section, any person
furnishing water or sewage disposal service for
profit shall be construed to be a water company or
sewage service for profit; provided that persons
having wells or sewage disposals for private use
and who may furnish not more than twenty-five
(25) neighbors with water or sewage disposal, shall
be exempt from the provision of this section.
3. Municipal corporations which own or operate
their own water plants and sewage disposal sys.
tems shall not be subject to the above license tax.
(Ord. No. 91-49, § 1, 12-10.91)
Section 207.50. Barter broker.
1. Every person engaged the business of barter
as a broker or dealer shall pay a license tax of
thirty dollars ($30.00) for the privilege of engaging
in same.
Supp. No. 3 207/15
FEBRUARY 7, 1995 50 Boa 04 PA 206 7
120z.W
2. Definitions.
INDIAN RIPER COUNTY CODE
Barter is the exchange of goods or services of
the same or different kind susceptible of valua
tion without using or maldng reference to money.
Broker as used herein means an agent, for com.
mission or brokerage fee, carries on negotiations
on behalf of his principal and is an intermediary
between the latter and third persons in trans-
acting business relative to the barter of contrac-
tual rights or any form of property.
Business is that which occupies time, attention
and labor for the purpose of livelihood or profit.
Dealer is one who engages in bartering as a
business.
Barter broker include both brokers and dealers
as defined herein.
3. Every barter broker shall keep a complete
and true record of all transactions showing the
goods or services, the date of transfer and the
names of all parties involved in the transaction.
Said records shall at all times be subject to the
inspection of all police or peace officers.
(Ord. No. 9149, § 1, 12-10-91)
Secs. 207.51-207.100. Reserved.
PART II. TRANSIENT MERCHANTS
Section .207.101. Definitions.
For the purposes of this article, the following
terms shall be given the meanings set forth below:
Temporary pavilion is any device, operational
vehicle, apparatus, tent, grouping of tables, or any
other splay technique or apparatus that is mo-
bile or portable, and that is not a structure, as
defined in the zoning code.
Transient merchant is any person or business
entity that engages in the sale of any personal
property, unless such sales are excluded from tran-
sient merchant status by other zoning code regu-
lations, including but not limited to food products,
agricultural products, and merchandise, from tem -
Supp. Na 3 207/16
FEBRUARY 7, 1995 51
Bm, 94 uu 268
porary pavilions along public or private streets
with the following exceptions:
1. Any person selling agricultural products
from agricultural zoned property. -upon
which he or she grew the product provided
that products are not offered for sale in the
road right-of-way.
2. Any person who sells his or her own prop-
erty which was not acquired for resale,
barter or exchange and does not conduct
such sales or acts as a participant by fur.
nishing property for sale in such a manner
more than three (3) times during any cal-
endar year (i.e., garage sales, rummage
sales, white elephant sales, etc.) when prop.
erty is not offered for sale in the road right-
of-way.
(Ord. No. 9149, § 1, 12-10.91)
Section 207.102. License and temporary use
permit required; licensing
process.
1. License prerequisite to sale. It shall be un-
lawful for any person or business entity to engage
in the business of a transient merchant in Indian
River County without having first obtained a tran-
sient merchant business license from the tax col-
lector of Indian River County, Florida. .
2. Application for license. Applications for a li.
cense to conduct business as a transient merchant
shall be submitted to the tax collector and shall
contain the following information, certificate, and
permit:
a. Name, permanent address and telephone
number of applicant/owner.
b. Florida sales tax number of applicant/
owner.
c. The exact location where the merchandise
will be displayed and sold.
d. Aletter from the owner of the property from
which the merchandise will be displayed
and sold granting permission to the tran.
sient merchant to conduct business at said
location.
e. Certification from the zoning department
of Indian River County that the area pro.
LICENSING AND LICENSE TAXES § 207.105
posed for the display and sale carries a com- of county commissioners of Indian River County
mercial, industrial, or agricultural zoning may authorize the county attorney to bring civil
classification. No occupational license will proceedings in the circuit court of the 19th Judi.
be issued by the tax collector without this cial circuit to enforce the provisions o£this article.
certification and temporary use permit. (Ord. No. 9149, § 1, 12-10-91)
f. A temporary use permit issued by the
zoning department of Indian River County
as required by the zoning code. No occupy
tional license shall be issued without a tem-
porary use permit.
3. Requirements apply to existing transient mer-
chant use. No transient merchant uses in exist-
ence prior to the adoption of these regulations shall
be exempt from these regulations nor shall such
uses be considered "grandfathered -in" under pre-
vious regulations. Transient merchants permitted
under previous regulations shall comply with these
regulations at such time that a previously issued
occupational license or temporary use permit ex-
pires.
(Ord. No. 91-49, § 1, 12-10-91)
Section 207.103. License fee and display.
The license fee for conducting business as a tran-
sient merchant shall be the sum of fifteen dollars
($15.00) per year payable in advance. The license
shall be displayed in a prominent place at the
location where the merchandise is sold.
(Ord. No. 91-49, § 1, 12-10-91)
Section 207.104. Prohibited acts.
1. It shall be unlawful for any transient mer.
chant to conduct business along public or private
streets or from vaunt lots except as specified on
the license required by this article.
2. It shall be unlawful for any person or busi-
ness entity to engage in the business of a tran-
sient merchant along, in front of or on any prop•
erty that does not carry a commercial, industrial
or agricultural zoning classification under the
zoning code of Indian River County.
(Ord. No. 91.49, § 1, 12-10.91)
Section 207.105. Enforcement.
The sheriff of Indian River County shall cause
sufficient inspection to occur to ensure compli-
ance with the provisions of this article. The board
Supp. No. 3 207/17
FEBRUARY 7, 1995 52
BOR 94F'A :
booK 94 PAGE 270
0
EXHIBIT "B"
Section 207.01. Purpose and scope.
This Chapter is enacted pursuant to the procedures set forth in
Chapter 205, Florida Statutes, and in particular, pursuant to Section
205.0535, Florida Statutes, which provides for reclassification and
rate structure revisions after recommendations by an equity study
commission.
Section 207.02. Occupational license required.
1. No person shall engage in or manage any business, profession,
or occupation in the unincorporated area of Indian River County
without having first paid the current occupational license tax, unless
exempt by reason of Chapter 205, F. S. or by the fact that said
person is a minor.
2. Included in the requirement to pay an occupational license tax
are:
a) independent sales representatives (Avon, Amway etc.)
b) the owner of and each person renting a stall at
market.
c) Each vendor at special events.
Section 207 03. Definitions.
The definitions contained in Section 205.022, F. S . , shall apply
ai flea
rz
v rn
chapter. sF,- %
C)
Section 207.04. Disposition of taxes collection.
D�
The revenues derived from the occupational license tax, exclusive of
costs of collection, shall be deposited in an appropriate county fund.
Section 207.05. Term of license, dates due and penalties.
1. All licenses shall be sold by the tax collector beginning August 1
of each year, are due and payable on or before September 30 of
each year, and expire on September 30 of the succeeding year. If
September 30 falls on a weekend or holiday, the tax is due and
payable on or before the first working day following September 30.
There are no partial licenses. Licenses that are not renewed when
due and payable are delinquent and subject to a delinquency penalty
of 10 percent for the month of October, plus an additional 5 percent
penalty for each subsequent month of delinquency until paid.
However, the total delinquency penalty shall not exceed 25 percent of
the occupation license tax for the delinquent establishment.
2. Any person who engages in or manages any business, occupa-
tion, or profession without first obtaining a local occupational license,
If required, is subject to a penalty of 25 percent of the license due,
in addition to any other penalty provided by law or ordinance.
3. Any person who engages in any business, occupation, or
profession covered by this chapter, who does not pay the required
occupational license tax within 150 days after the initial notice of tax
due, and who does not. obtain the required occupational license is
subject to civil actions and penalties, including court costs,
reasonable attorneys' fees, additional administrative costs incurred as
a result of collection efforts and a penalty of up to $250. -
FEBRUARY 7, 1995 53
Section 207.06.
Issuances of license; compliance with state laws.
No license shall be issued until all applicable state laws are
complied with, including, but not limited to, required licensing and
qualification standards.
Section 207.07.
Issuance of license; display; forms, etc
The tax collector shall make a duplicate of each license issued. The
person obtaining the license shall keep the same displayed
conspicuously at the place of business and in such a manner as to be
open to the view of the public and subject to the inspection of all
duly authorized officers of the county. Persons without a fixed place
of business or who operate from a vehicle shall keep the same on
their person or in their vehicle at all times while conducting
business. Upon failure to do so, the licensee shall be. subject to the
payment of another license tax for engaging in or managing the
business or occupation for which the license was obtained.
Section 207.08. Report of county tax collector.
The tax collector shall transmit to the county commissioners, in
accordance with F.S. Section 219.07, a statement showing the total
number of licenses issued and the amount of money collected for
county licenses. Each monthly statement shall be signed by the tax
collector; the tax collector shall* make monthly payment of that
amount collected by him for occupational licenses to the county
depository, retaining a copy of the statement and a copy of each
license issued by him for his office records.
Section 207.09. Other license taxes to be in addition to the
occupational license tax.
Fees or licenses paid to any board, commission or officer for permits,
registration, examination, inspection or other regulatory purposes
shall be in addition to and not in lieu of any occupational license tax
required by this chapter or other law unless otherwise expressly
provided by law.
Section 207.10. Fee.
a) The fee for each occupational license shall be $40.00. For any
transfer'of license, the fee shall be $4.00.
b) The fee set forth in paragraph a) of this section shall be prorated
for the initial year as follows:
OCTOBER
$40.00
APRIL
$24.00
NOVEMBER
$40.00
MAY
$20.00
DECEMBER
$40.00
JUNE
$16.00
JANUARY
$36.00
JULY
$12.00
FEBRUARY
$32.00
AUGUST
$ 8.00
MARCH
$28.00
SEPTEMBER
$ 4.00
Section 207.11. Tax collector fee.
The tax collector shall receive 10% of the fees collected the first year
with the latitude of the Commission to increase the percentage in
future. years to recoup the cost of collection.
Section 207.12. Chapter 205 , F.S. controlling
The provisions of Chapter 205, F.S. , shall control where there is an
omission, conflict with or ambiguity in Chapter 207 of the code.
FEBRUARY 7, 1995
54
bola 94 ?xU271
BOOK . 94 pnt, 272
PUBLIC HEARING - COUNTY UTILITIES' REQUEST FOR SPECIAL
EXCEPTION USE APPROVAL TO EXPAND IXORA PARK
WAREHOUSE
The hour of 9:05 a.m. having passed, the County Attorney
announced that this Public Hearing has been properly advertised, as
follows:
VERO MA04 PRESS -JOURNAL
Publialked Oelly
Vitro Roach. Indian River County. ►Imide
CDUWY OF MMAN FVVM STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Sehu Cann. Jr. who on oath
apo Mut he feBnnI Hamper d the Vere Beseh P.essioumN. a dally rbwapares publblbd
Is Vere Beseb In Indian Ither Conary. Fforw; that the attached copy at adverlMennen4 beb+p
i
In the ►miler N ._ .A�B� s�
In the q Court, Vora pub•
fthint 1n saw rnaaupaper in Mate lssasa a 1 ;4'%a. i i ''r' � •
Aland hplher tape Chet Lha Said Vero Beech Prear Journal is s mwapeper pubashed at
Vero Bach. In naw h%Pm River County. Florida, and that the wild newspaper Into heratatom
ad
Mleras Published In Wid I Who aSaand etas aqa metier elRiver
alike In Vero Basch. IMlen RherCaa►
ty. Flarwa, fa a perbd at om pear nail praeedine the last ptnhacattan of the attadned Coro of
�: end aRlad further am that he has maher paid am promlaed any portion, firm
Of eerp 1 IM any discount. rebate. aamNeelen or refund for the purime at sero" this
�1 for pu8sation is the ave newsp�er.
o C�bed bslorome IMa . �� day o) �,,;i�;,.7.11.0. re
� A
�. int t in MONISM Mem o
rBgj IWIMIUnr.4tgnM,e 11,110— -.q..
"g—ZIU.
Nrw orVnVJNr �:F•aNaa_
W
> 1st ST SW
t rN •�
ti
N (i X Q;q,
N -.Site
E I
• i. :. s w
NOM OF PUBLIC HEARMo
Notice of cM exception � approval for thconfider hee a Wareq of %
brora Park utEly fes. The ail so properly is
presentM UovM>ed by ettd located InDepart-
'd
23,
mtheM o} �Servict�es, 39. See the above map for
A pldlec hrmring at which parties in interest and
citlxena shat have an oppor-W" to be heard, will
be held by the Board of Couty nCommtbsieners of
trtdem River Co",Florida. in the Calarry Cortrlds
sbn Charnbere of the Colady Admtrdstratbn Bead-
ing. bested at 1840 251h Street, Vero Busch. Fier -
Ida on Trre February 7.1995 at 9:05 am.
which rrT made 81b M
sloe that a verbaft recormay wish d
whicmade
which peel Ircludes
leatimorry and eviderice upon
ANYONE WHO NEEDS A SPECIAL ACCOMMODA-
TION FOR THIS MEETMfl MUST CONTACT THE
COUNTY'S AMERICANS WITH DISASMIES ACT
(ADA1 COORDINATOR AT 567-8000 X223 AT
LEAST 48 HOURS IN ADVANCE OF THE MEET -
Ma
INDIAN RM COUNTY
BOARD OF COUNTY COMMISSIONERS
BY-SASIT10th R. Medd. (haImren
Jan. 17,1995 1165543
The Board reviewed the following memo dated 1/26/95:
FEBRUARY 7, 1995 55
® M M
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
Robert M. Keat g, A
Community Devel pmen Director
THROUGH: Stan Boling, AICP
Planning Director
FROM: John W. McCoy, AICPWr`�
Senior Planner, Current Development
DATE: January 26, 1995
SUBJECT: Indian River County Department of Utility Services'
Request for Special Exception Use Approval to Expand the
Ixora Park Warehouse
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of February 7, 1995.
DESCRIPTION & CONDITIONS:
The Indian River County Department of Utility Services has
submitted an application for administrative approval and special
exception use approval to expand the existing Ixora Park utilities
warehouse facility. The subject property is located at 180 27th
Avenue S.W. and is zoned RS -6. The warehouse facility is
considered a limited utility use which requires special exception
use approval in the RS -6 zoning district. Pursuant to section 971,
special exception use approval is required to expand such a use by
more than 10%. The Department of Utility Services proposes to
double the size of the warehouse from 3,600 square feet to 7,200
square feet; therefore, the proposed expansion requires special
exception approval. The community development director has
approved the administrative approval site plan pending action by
the Board of County Commissioners to approve the special exception
use request.
The Board of County Commissioners is now to consider the
applicant's request for special exception use. Pursuant to Section
971.05 of the LDRs, the Board of County Commissioners is to
consider the appropriateness of the requested use based on the
submitted site plan and suitability of the site for that use. The
Board may approve, approve with conditions or deny the special
exception use. The County may attach any conditions and safeguards
necessary to mitigate impacts and to ensure compatibility of the
use with the surrounding area.
At its January 12, 1995 meeting,the Planning and Zoning Commission
voted unanimously (5-0) to recommend that the Board approve the
special exception use request.
FEBRUARY 7, 1995 56 a e �
boa 4 F't. -4L 4, 1 J
BOOK 94 PAGE 274
ANALYSIS:
1. Project Area: 145,096 sq. ft. or 3.33 acres
2. Zoning: RS -6, Residential Single Family District (up to 6
units/acre)
3. Land Use Designation: L-2, Low Density 2 (up to 6 units/acre)
4. Building Area: Existing: 5,200 sq. ft.
Proposed: 3,600 sq. ft.
To Be Removed: (-800) sq. ft.
Total: 8,000 sq. ft.
5. Impervious Area: Existing: 33,908 sq. ft.
Proposed: 1,495 sq. ft.
Total: 35,403 sq. ft.
6. Open Space: Required: 40.0%
Provided: 75.6%
7. Traffic Circulation: The project will utilize an existing 22'
wide two-way driveway that accesses 27th Avenue. There will
be no change to the existing traffic circulation layout.
8. Off -Street Parking: Required: 16 spaces
Provided: 16 spaces
9. Stormwater Management: The stormwater management plan has
been approved by the Public Works Department.
10. Landscape Plan: The landscape plan and existing landscaping
are in conformance with Chapter 926, including all perimeter
buffers.
11. Utilities: There will be no sanitary facilities in the
proposed, expanded building. There are, however, sanitary
facilities (county water and sewer service) in an existing
structure on the site. These sanitary facilities serve the
entire site. Environmental Health has approved the proposed
new construction.
12. Dedications & Improvements: None are applicable.
13. Environmental Issues: There are no environmental concerns
with the site.
14. Concurrency: The applicant has applied for an initial
concurrency certificate, and it is anticipated that an initial
concurrency certificate will be issued prior to the Board of
County Commissioners meeting.
15. Specific Land Use Criteria: The following specific land use
criteria apply to limited utility uses:
A. See Chapter 901 for definition of utilities, public and
private - limited;
B. Between all above -ground facilities (except distribution
and collection facilities) and adjacent property having
a residential land use designation a Type "B" buffer
(reduce to Type "C" where abutting a local roadway,
reduce to "D" buffer where abutting a thoroughfare plan
roadway) (with six-foot opaque screening) as specified in
Chapter 926, Landscaping, shall be provided;
FEBRUARY 7, 1995 57
C. All below -ground high voltage cables within a utility
right-of-way shall be made known to the public through
the use of signs posted therein;
D. In all zoning districts except the industrial districts,
all equipment, machinery and facilities which cannot by
their size or nature be located within an enclosed
building shall be separated from adjacent properties
having a residential land use designation by a Type "D"
buffer (with six-foot opaque screening) as specified in
Chapter 926, Landscaping;
E. Driveways located in close proximity to adjacent
properties having a residential land use designation
shall provide a six-foot opaque screening between the
driveway and adjacent property. An eight -foot opaque
screen may be required if deemed necessary to mitigate
noise and visual impacts.
Staff has verified that all specific land use criteria have
been satisfied.
16. Surrounding Land Use & Zoning:
North: 1st Street, Canal, Single Family
Residential/RS-6
South: Single Family Residential/RS-6
East: Single Family Residential/RS-6
West: Single Family Residential/RS-6
RECOMMENDATION:
Based on the analysis performed, staff recommends that the Board of
County Commissioners approve the special exception use request.
ATTACHMENTS:
1. Application
2. Location Map
3. Site Plan
4. Planning and Zoning Commission Minutes
Approved Agenda Item:
For: 7
By:ej\ixora.bcc
.6 r -
u\
FEBRUARY 7, 1995 57A
BOOK 9 :-v+,v 7
booK 94 PAJ'L 21
Vice Chairman Adams opened the Public Hearing and asked if
anyone wished to be heard in this matter. There being none, she
closed the Public Hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Chairman Macht being absent) granted special
exception use approval to IRC Utilities to expand
the Ixora Park Warehouse.
PUBLIC HEARING - SCHLITT REQUEST TO REZONE APPROX. 27
ACRES FROM RS -1 TO RM -10
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
aYUL
� a
in the matter o .'4".z.
G�
in the Court, was pub-
lished In said newspaper in the issues of pl • Z f iZ,
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
ads ga(��gen ;; or publication in the said newspaper. ;
NPA4.0
'anaS�igscribed bef a me -.this da of C�
Q` A.D. 19
Myr • n'
daft-
•
(EKipindes Manager)
AARRAnAr.1.-jnj4r,n rnnrlilyp!IpIIC,
l:rmnn�.n.,.. rtgrtd •.•r 1 r;,ilAlri7i .!h'
Notary HAP lAFiAC `.;i°;IAGIIF —_
FEBRUARY 7, 1995 58
RM -10 �.
9
lov run+ ,, p
SUBJECT PROPERTY
NOTICE OF PUBLIC KOMO
Notice of hauls to C0 I'M tta adoption of a
Manly incline; owing arnd from 1, sinhie-
oemr Rea ��laRse Residential t> to 0
unitby psffed�ahcrce). Test=PoP" M. is � owned
Bcldevardb bated on the east side of Ulan R�
north of the Vista Royale Oardwm Con-
domNitma, NoopeWild 27 acres.
the W see -
81011 off 18, To�'33S, Range 40E, Mng
and being h Man Mw Florida.
A publb hearing at which parties in Interest and
hiMzeni shell have an oppoAurity, to be heard, wit
be held by the Hoard of Canty Conen�lorners of
indlmh River Carry. Florida. In the county comils-
abn t of the Caauy AdrthWatratbn Buld-
Ing, located at 1840 255th Street, Vero Beach, Flor-
ida an Tuesday. Febnmry 7.19% at 9:05 am.
The Board of Willy Camrdssbrm may adopt
another zoning district other then the district re-
quested, provided It Is wtft the awns general use
category.Anyone who may wish any decision
which may be made at this vv® need toe s
sue tnat a wrerbadm reocrd of proceeding e b
m�e, wthbh ihcihdes testinhanry a d evidence upon
which the appeal Is I
Anyone who nwds a special a000tnnnhodatbn for
thismust contact the canehty's Americans
with �es Act (ADA) Ccardinsta at 5074000
extensbn 223 at least 48 hors In advance of the
ioners
BY -s -Kennett qof �Chaimant
Jen. 19. 1995 _v 1166492
807
The Board reviewed the following memo dated 2/1/95:
TO: James E. Chandler
County Administrator
DEP TMENT HEAD CONCURRENCE
i
ko-Ste"rM. Reltihip A
THROUGH: Sasan Rohani, AICD 4-111L
Chief, Long -Rance Planning
FROM. John Wachtel
Senior Planner, Long -Range Planning
DATE: February 1, 1995
RE: Edgar and Marguerite Schlitt Request to Rezone
Approximately 27 Acres From RS -1 to RM -10
(RZON 94-11-0095)
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of February 7, 1995.
DESCRIPTION AND CONDITIONS
This is a request to rezone approximately 27 acres located on the
east side of Indian River Boulevard, north of the Vista Royale
Gardens Condominiums. The subject property consists of the 27 acre
uplands portion of an undeveloped 43 acre parcel that runs from
Indian River Boulevard to the Indian River Lagoon. This request
involves rezoning the subject property, presently owned by Edgar L.
and Marguerite M. Schlitt, from RS -1, Single -Family Residential
District (up to 1 unit/acre) to RM -10, Multiple -Family Residential
District (up to 10 units/acre). The applicant intends to sell the
subject property to a developer who plans to develop the site with
affordable housing for the elderly.
On December 8, 1994, the Planning and Zoning Commission voted 6-1
to recommend that the Board of County Commissioners approve this
request to rezone the subject property to RM -10.
Existing Land Use Pattern
Currently zoned RS -1, the subject property is bordered on the north
by an undeveloped wooded parcel that is also zoned RS -1. Abutting
the subject property on the south are the RM -10 zoned Vista Royale
Gardens Condominiums. Also zoned RM -10, the Citrus Woods
Apartments are west of the subject property, across Indian River
Boulevard.
Land bordering the subject property on the east contains
environmentally important wetlands. Although zoned RS -1 in the
County Zoning Atlas, environmentally important wetlands are deemed
to be zoned Con -2, wetland Conservation District (up to 1 unit/40
acres).
FEBRUARY 7, 1995 59
BOOK P'�'4� ��
Future Land Use Pattern
The subject property and properties to the north, south, and west
are designated M-2, Medium -Density Residential -2, on the county
future land use map. The M-2 designation permits residential uses
with densities up to ten units/acre.
East of the subject property is an environmentally important
wetland that is designated C-2, Conservation -2, on the county
future land use map. The C-2 designation permits conservation
uses, limited recreational uses, and residential uses with
densities up to one unit/40 acres for on-site development or one
unit/acre for transferable development rights.
Environment
The subject property consists of a combination of disturbed uplands
and disturbed freshwater jurisdictional wetlands. The uplands have
been invaded by the exotic/nuisance Brazilian pepper tree. The
site is within an "AE" 100 year floodplain, with a minimum base
flood elevation requirement of six feet NGVD.
The subject property is one of several properties, located near the
Indian River Lagoon and south of the city limits of Vero Beach,
that are listed by the county and the St. John's River Water
Management District for public acquisition. Although the property
contains disturbed upland and wetland plant communities, the
property has been listed for public acquisition to facilitate
wetland restoration and upland buffer protection.
Utilities and Services
The site is within the Urban Service Area of the county. Water
lines extend along 8th Street to Indian River Boulevard from the
South County Reverse Osmosis Plant. Wastewater lines extend to the
site along Indian River Boulevard from the City of Vero Beach
Wastewater Treatment Plant.
Transportation System
The property abuts Indian River Boulevard which is classified as an
urban principal arterial road on the future roadway thoroughfare
plan map. This segment of Indian River Boulevard is a four -lane
paved road with approximately 150 feet of public road right-of-way.
There are no plans to expand Indian River Boulevard.
Land Use Designation and Zoning History of the 43 Acre Parcel
Because the 27 acre subject property is part of a 43 acre tract
that borders the Indian River Lagoon, the subject property was
historically treated as a riverfront tract. That explains why the
subject property is currently zoned RS -1.
- Land Use Designation History
Since the county adopted its first land use plan in 1976, the
majority of land along the Indian River Lagoon has been designated
as either Environmentally Sensitive or Conservation. The subject
property was so designated in the county's 1976 plan.
Because the exact boundaries of estaurine wetlands were unknown
when initial plans were developed, the Environmentally Sensitive
and Conservation land use designations were drawn broadly. Since
Indian River Boulevard did not exist at that time, the broadly
FEBRUARY 7, 1995 60
drawn environmentally sensitive designation was not as significant
as now.
During preparation of the county's current comprehensive plan, more
time and effort were spent delineating the boundaries of
environmentally sensitive lands. As a result, the 43 acre property
was given a split land use designation, with the west dike of the
property's mosquito impoundment being the boundary between wetlands
and uplands. Consequently, the subject property, west of the dike,
was designated M-2, Medium -Density Residential -2 (up to 10
units/acre), while the eastern portion of the 43 acre tract was
designated as conservation.
- Zoning History
Currently, zoning in the county is based on an adopted
comprehensive plan. That, however, has not always been the case.
Although zoning was established in the county in 1957, the county's
first comprehensive plan was not adopted until 1976. Not until
1985 was zoning made to conform to the county's plan.
Prior to 1985, the entire 43 acre parcel was zoned R-lA, Single -
Family. That zoning district required that all conforming lots be
at least 10,000 square feet in size. The maximum density for the
R-lA district, therefore, was approximately 4 units/acre. Until
1978, the Vista Gardens property to the south of the subject site
was also zoned R-lA. At that time, the Vista property was, at the
request of the owner, rezoned to R -2C, a district allowing
multiple -family development up to 12 units/acre.
In 1985, a countywide rezoning effort was undertaken to make zoning
in the county correspond to the 1982 comprehensive plan's land use
designations. Because the 1982 plan designated the eastern portion
of the 43 acre parcel as environmentally sensitive, and because the
county's policy was to draw zoning district lines consistent with
property boundaries whenever possible, the entire parcel was down -
zoned from R-lA to RS -1. The RS -1 zoning district allows
residential development at a density of up to 1 unit/acre. That 1
unit/acre density was consistent with the then applicable 1
unit/acre density of the environmentally sensitive land use
designation.
In 1991, after adoption of the current comprehensive plan, the
county adopted Land Development Regulations (LDRs) which created
the Conservation zoning districts. Those conservation districts
apply to environmentally important areas. Although not depicted on
the county's zoning atlas, these districts are established when
development is proposed for a site designated as conservation on
the comprehensive plan. The boundaries of the conservation zoning
district are then based on a site specific environmental survey of
the property.
In this case, aerial photographs and other information indicate
that the impoundment dike is the western boundary of both the
wetlands and the conservation land use designation. Therefore,
land east of the dike would be deemed to be zoned Con -2,
Conservation District (up to 1 unit/40 acres), while land west of
the dike, the subject property, would be eligible to be zoned
consistent with the M-2 (up to 10 units per acre) land use
designation established by the comprehensive plan.
This information is important because it indicates that the subject
property is currently zoned RS -1 because of a past broad brush
approach to designating environmentally sensitive land. Since the
underlying comprehensive plan designation is M-2, the subject
FEBRUARY 7, 1995 61
BOOK�� 4. ,
Boos 04 PACE 280
property is eligible to be rezoned to any residential district up
to the requested RM -10.
ANALYSIS
In this section, an analysis of the reasonableness of the
application will be presented. The analysis will include a
description of:
• concurrency of public facilities;
• compatibility with the surrounding area;
• consistency -with the comprehensive plan; and
• potential impact on environmental quality.
Concurrency of Public Facilities
This site is located within the county Urban Service Area, an area
deemed suited for urban scale development. The Comprehensive Plan
establishes standards for: Transportation, Potable Water,
Wastewater, Solid Waste, Drainage and Recreation (Future Land Use
Policy 3.1). The adequate provision of these services is necessary
to ensure the continued quality of life enjoyed by the community.
The Comprehensive Plan and Land Development Regulations also
require that new development be reviewed to ensure that the minimum
acceptable standards for these services and facilities are
maintained.
Policy 3.2 of the Future Land Use Element states that no
development shall be approved unless it is consistent with the
concurrency management system component of the Capital Improvements
Element. For rezoning requests, conditional concurrency review is
required.
Conditional concurrency review examines the available capacity of
each facility with respect to a proposed project. Since rezoning
requests are not projects, county regulations call for the
concurrency review to be based upon the most intense use of the
subject property based upon the requested zoning district.
The site information used for the concurrency analysis is as
follows:
1. Size of Area to be Rezoned: ±27 acres
2. Existing Zoning Classification: RS -1, Single- Family
Residential District (up
to 1 units/acre)
3. Proposed Zoning Classification:
4. Most Intense Use of Subject
Property under Existing
Zoning Classification:
5. Most Intense Use of Subject
Property under Proposed
Zoning Classification:
Transportation
RM -10, Multiple -Family
Residential District (up
to 10 units/acre)
27 single-family units
270 single-family units
A review of the traffic impacts that would result from the
development of the property indicates that the existing level of
service "D" or better on Indian River Boulevard would not be
FEBRUARY 7, 1995 62
lowered. The site information used for determining traffic is as
follows:
Existing Zoning District
1. Use Identified in 5th Edition ITE Manual:
Single -Family Residential
2. For Single -Family Units:
a. Average Weekday Trip Ends: 9.55/unit
b. P.M. Peak Hour Trip Ends: 1.01/unit
c. Inbound (P.M. Peak Hour): 65%
i. Northbound (P.M. Peak Hour): 25%
ii. Southbound (P.M. Peak Hour): 75%
d. Outbound (P.M. Peak Hour): 35%
i. Northbound (P.M. Peak Hour): 75%
ii. Southbound (P.M. Peak Hour): 25%
3. P.M. Peak Direction of Indian River Boulevard, from 4th Street
at U.S. #1 to 12th Street: Southbound
4. Formula for Determining Number of Peak Hour/Peak Season/Peak
Direction Trips Generated: Number of Units X P.M. Peak Hour
Rate X Inbound P.M. Percentage X Inbound -Southbound Percentage
(27 X 1.01 X .65 X .75 = 13)
5. Formula for Determining Number of Average Weekday Trips
Generated: Number of Units X Average Weekday Rate
(27 X 9.55 = 258)
Proposed Zoning District
1. Use Identified in 5th Edition ITE Manual:
Single -Family Residential
2. For Single -Family Units:
a. Average Weekday Trip Ends: 9.55/unit
b. P.M. Peak Hour Trip Ends: 1.01/unit
C. Inbound (P.M. Peak Hour): 65%
i. Northbound (P.M. Peak Hour): 25%
ii. Southbound (P.M. Peak Hour): 75%
d. Outbound (P.M. Peak Hour): 35%
i. Northbound (P.M. Peak Hour): 75%
ii. Southbound (P.M. Peak Hour): 25%
3. P.M. Peak Direction of Indian River Boulevard, from 4th Street
at U.S. #1 to 12th Street: Southbound
4. Formula for Determining Number of Peak Hour/Peak Season/Peak
Direction Trips Generated: Number of Units X P.M. Peak Hour
Rate X Inbound P.M. Percentage X inbound -Southbound Percentage
al 6 (W X 1.01 X .65 X .75 = 133 )
(trip distribution based on a Modified Gravity Model)
5. Formula for Determining Number of Average Weekday Trips
Generated: Number of Units X Average Weekday Rate
(270 X 9.55 = 2,579)
6. Traffic Capacity on this segment of Indian River Boulevard, at
a Level of Service "D": 1,770 peak hour/peak season/peak
direction trips
FEBRUARY 7, 1995 63
BOOK 94 PAUL 282
7. Existing Traffic volume on this segment of Indian River
Boulevard: 832 peak hour/peak season/peak direction trips
The number of Average Weekday Trip Ends associated with the most
intense use of the subject property under the existing zoning
district is 258. This was determined by multiplying the 27 units
(most intense use) by ITE's single-family residential factor of
9.55 Average Daily Trip Ends/unit.
The number of Average Weekday Trip Ends associated with the most
intense use of the subject property' under the proposed zoning
district is 2,579. This was determined by multiplying the 270
units (most intense use), by ITE's single-family residential factor
of 9.55 Average Daily Trip Ends/unit.
Since the county's transportation level of service is based on peak
hour/peak season/peak direction characteristics, the transportation
concurrency analysis addresses project traffic occurring in the
peak hour and affecting the peak direction of impacted roadways.
According to ITE, the proposed use generates more volume in the
p.m. peak hour than in the a.m. peak hour. Therefore, the p.m.
peak hour was used in the transportation concurrency analysis. The
peak direction during the p.m. peak hour on Indian River Boulevard
is southbound.
Given those conditions, the number of peak hour/peak season/peak
direction trips that would be generated by the most intense use of
the subject property under the existing zoning district was
calculated to be 13. This was determined by multiplying the total
number of units allowed under the existing zoning district (27) by
ITE's factor of 1.01 p.m. peak hour trips/unit, to determine the
total number of trips generated. Of these trips, 65% (18) will be
inbound and 35% (9) will be outbound. Of the inbound trips, 75%,
or 13, will be southbound.
To determine the number of peak hour/peak season/peak direction
trips that would be generated by the most intense use of the
subject property under the requested zoning district, the total
number of units allowed under the proposed district (270) was
multiplied by ITE's factor of 1.01 p.m. peak hour trips/unit to
determine the total number of trips generated (273). Of these
trips, 65% (177) will be inbound and 35% (96) will be outbound. Of
the inbound trips, 75%, or 133, will be southbound. Therefore, the
most intense use of the subject property under the proposed zoning
district would generate 120 more peak hour/peak season/peak
direction trips than the 13 that would be generated by the most
intense use of the subject property under the existing zoning
district (133 - 13 = 120).
Using a modified gravity model and a hand assignment, the peak
hour/peak season/peak direction trips generated by the proposed use
were then assigned to impacted roads on the network. Impacted
roads are defined in section 910.09(4)(b)3 of the county's LDRs as
roadway segments which receive five percent (5%) or more of the
project traffic or fifty (50) or more of the project trips,
whichever is less.
Capacities for all roadway segments in Indian River County are
calculated and updated annually, utilizing the latest and best
available peak season traffic characteristics and, applying Appendix
G methodology as set forth in the Florida Department of
Transportation Level of Service Manual. Available capacity is the
total capacity less existing and committed traffic volumes; this is
updated daily based upon vesting associated with project approvals.
FEBRUARY 7, 1995 64
r
The traffic capacity for the segment of Indian River Boulevard
adjacent to this site is 1,770 trips (peak hour/peak season/peak
direction) at Level of Service (LOS) "D", while the existing
traffic volume on this segment of Indian River Boulevard is 832
trips (peak hour/peak season/peak direction). The additional 133
peak hour/peak season/peak direction trips created by the most
intense use of the subject property under the proposed zoning
district would increase the total peak hour/peak season/peak
direction trips for this segment of Indian River Boulevard to 965.
Based on the above analysis, staff has'determined that Indian River
Boulevard and all other impacted roads can accommodate the
additional trips without decreasing their existing levels of
service.
The table below identifies each of the impacted roadway segments
associated with this proposed zoning classification. As indicated
in this table, there is sufficient capacity in all of the segments
to accommodate the projected traffic associated with the request.
TRAFFIC CONCURRENCY DETERMINATION
Impacted Road Segments
(peak hour/peak season/peak direction)
Segment
Roadway
Segment
Road
From
To
Capacity
LOS "D"
111ON
IR Blvd.
4th Street @ Q.S. 1
12th Street
1,770
i110S
IR Blvd.
4th Street @ Q.S. 1
12th Street
1,770
1120N
IR Blvd.
12th Street
S. VBC Limits
1,770
11205
IR Blvd.
12th Street
S. VBC Limits
1,770
1130N
IR Blvd.
S. VBC Limits
17th Street
1,770
11305
IR Blvd.
S. VBC Limits
17th Street
1,770
1140N
IR Blvd.
17th Street
21st Street
1,770
11405
IR Blvd.
17th Street
21st Street
1,770
1305N
U.S. 1
S. County Line
Oslo Road
2,300
13055
U.S. 1
S. County Line
Oslo Road
2,300
131ON
U.S. 1
Oslo Road
4th St @ IR Blvd.
2,220
13105
Q.S. 1
Oslo Road
4th St @ IR Blvd.
2,220
1315N
U.S. 1
4th -St @ IR Blvd.
8th Street
2,270
13155
U.S. 1
4th St @ IR Blvd.
8th Street
2,270
1320N
U.S. 1
8th St
12th Street
2,270
13205
Q.S. 1
8th Street
12th Street
2,270
1335N
U.S. 1
17th Street
S.R. 60
2,270
13355
Q.S. 1
17th Street
S.R. 60
2,270
1340N
Q.S. 1
S.R. 60
Royal Palm Pl.
2,300
13405
U.S. 1
S.R. 60
Royal Palm Pl.
2,300
1940E
S.R. 60
27th Avenue
20th Avenue
2,330
1945E
S.R. 60
20th Avenue
Old Dixie Hwy.
2,328
1950E
S.R. 60
Old Dixie Hwy.
10th Avenue
2,328
1955E
S.R. 60
10th Avenue
U.S. 1
2,328
1955W
S.R. 60
10th Avenue
Q.S. 1
2,328
2060E
16th Street
17th Street
Old Dixie Hwy.
970
206OW
16th Street
17th Street
Old Dixie Hwy.
970
2110E
17th Street
Q.S. 1
IR Blvd.
1,990
2130W
17th Street
Q.S. 1
IR Blvd.
1,990
2120E
17th Street
I.R. Blvd
S.R. AlA
1,770
2120W
17th Street
I.R. Blvd,
S.R. AlA
1,770
2260W
12th Street
Old Dixie Hwy.
Q.S. 1
1,770
2580E
Oslo Road
Old Dixie Hwy.
Q.S. 1
830
2580W
Oslo Road
Old Dixie Hwy.
Q.S. 1
830
286ON
20th Avenue
16th Street
S.R. 60
1,770
4870E
8th Street
Old Dixie Hwy.
U.S. 1
830
487OW
8th Street
Old Dixie Hwy.
Q.S. 1
830
4880E
8th Street
Q.S. 1
IR Blvd.
830
488OW
8th Street
Q.S. 1
IR Blvd.
830
4970E
4th Street
Old Dixie Hwy.
Q.S. 1
630
4970W
4th Street
Old Dixie Hwy.
Q.S. 1
630
FEBRUARY 7, 1995 65 Boa 94 mu 283
Boa 94 FAQ L 284
Existing Demand Total Available Positive
Roadway Existing vested Segment Segment Project Concurrency
Segment Volume Volume Demand Capacity Demand Determination
111ON
523
38
561
1209
115 Y
11105
832
40
872
898
133 y
1120N
769
46
815
955
38- Y
11203
1007
47
1054
716
67 Y
1130N
795
52
847
923
38 y
1130S
972
52
1024
746
67 y
1140N
795
83
878
892
7 Y
11405
972
83
1055
715
13 Y
1305N
1021
115
1136
1164
31 Y
13055
1213
100
1313
987
13 Y
131ON
1458
92
1550
670
42 Y
13105
1586
83
1669
551
20 Y
1315N
1219
142
1361
909
3 Y
1315S
850
134
984
1286
9 y
1320N
1265
132
1397
873
12 Y
13205
990
127
1117
1153
13 Y
1335N
1354
137
1491
779
19 Y
13355
1135
140
1275
995
31 Y
1340N
740
109
849
1451
6 Y
13405
711
113
824
1476
12 Y
1940E
1053
300
1353
977
13 Y
1945E
881
267
1148
1180
19 Y
1950E
858
217
1075
1253
19 Y
1955E
858
195
1053
1275
19 Y
1955W
464
189
653
1675
13 Y
2060E
646
87
733
237
10 Y
206OW
860
85
945
25
4 Y
2110E
421
55
476
1514
41 Y
211OW
782
57
839
1151
23 Y
2120E
730
68
798
972
8 Y
212OW
1356
68
1424
346
13 Y
226OW
458
44
502
1268
3 Y
2580E
623
41
664
166
11 Y
258OW
476
36
512
318
7 Y
2860N
173
28
201
1569
6 Y
4870E
300
60
360
470
13 Y
487OW
379
60
439
391
3 Y
4880E
111
16
127
703
26 Y
4880W
251
16
267
563
15 Y
4970E
361
42
403
227
4 Y
4970W
583
40
623
7
3 Y
- Water
The subject property is serviced by the South County Water Plant.
With the most intense use allowed under the proposed rezoning, the
subject property will have a water consumption rate of 270
Equivalent Residential Units (ERU), or 67,500 gallons/day. This is
based upon a level of service standard of 250 gallons/ERU/day.
Since the South County Water Plant currently has a remaining
capacity of approximately 2,300,000 gallons/day, the plant can
accommodate the additional demand generated by the proposed zoning.
- Wastewater
The subject property is serviced by the City of Vero Beach
Wastewater Treatment Plant. With the most intense use allowed
under the proposed rezoning, the subject property will have a
wastewater generation rate of 270 Equivalent Residential Units
(ERU), or 53,190 gallons/day. This is based upon a level of
service standard of 197 gallons/ERU/day. Since the City of Vero
Beach Wastewater Treatment Plant currently has a remaining capacity
of approximately 1,800,000 gallons/day, the plant can accommodate
the additional demand generated by the proposed zoning.
- Solid Waste
Solid waste service includes pick-up by private operators and
disposal at the county landfill. Solid waste generation by a 270
FEBRUARY 7, 1995 66
O
unit residential development on the subject site will be
approximately 432 Waste Generation Units (WGU) or 819 cubic yards
of solid waste/year. A WGU is a Waste Generation Unit measurement
equivalent to 1.896 cubic yards of waste/year.
According to the county's solid waste regulations, each residential
unit generates 1.6 WGUs. With the county's adopted level of
service standard of 2.37 cubic yards/person/year and the county's
average of 2 persons/unit, each WGU is equivalent to 0.8 people
(1.6/2 = 0.8) and 1.896 cubic yards of solid waste/year (0.8 X 2.37
= 1.896). To calculate the total cubic yards of solid waste for
the most intense use allowed on the subject property under the
proposed zoning district, staff utilized the following formula:
Total number of WGUs X 0.8 X 2.37 ( 432 X 0.8 X 2.37 = 819 cubic
yards/year).
A review of the solid waste capacity for the active segment of the
county landfill indicates the availability of more than 900,000
cubic yards. The active segment of the landfill has a 3 year
capacity, and the landfill has expansion capacity beyond 2010.
Based on staff analysis, it was determined that the county landfill
can accommodate the additional solid waste generated by the site
under the proposed zoning district.
- Drainage
All developments are reviewed for compliance with county stormwater
regulations which require on-site retention, preservation of
floodplain storage and minimum finished floor elevations. In
addition, development proposals must meet the discharge
requirements of the county Stormwater Management Ordinance. .Any
development on the subject property will be prohibited from
discharging any runoff in excess of the pre -development rate.
In this case, the minimum floor elevation level of service standard
applies, since the property lies within a floodplain. Consistent
with Drainage Policy 1.2, "all new buildings shall have the lowest
habitable floor elevation no lower than the elevation of the 100 -
year flood elevation as shown on the Federal Emergency Management
Agency's Flood Insurance Rate Map, or as defined in a more detailed
study report." Additionally, county LDRs require that all
construction of residential development shall have the lowest floor
(including basement) elevated to six inches or more above the base
flood level. Since the subject property lies within Flood Zone AE -
6, which is a special flood hazard area located within the 100 -year
floodplain, any development on this property must have a minimum
finished floor elevation of no less than six feet six inches above
mean sea level.
Besides the minimum elevation requirement, on-site retention and
discharge standards also apply to this request. With the most
intense use of this site, the maximum area of impervious surface
under the proposed zoning classification will be approximately
823,284 square feet, or 18.9 acres. The maximum runoff volume,
based on that amount of impervious surface and the 25 year/24 hour
design storm, will be approximately 852,000 cubic feet. In order
to maintain the county's adopted level of service, the applicant
will be required to retain approximately 167,597 cubic feet of
runoff on-site. With the soil characteristics of the subject
property, it is estimated that the pre -development runoff rate is
59 cubic feet/second.
Based upon staff's analysis, the drainage level of service
standards will be met by limiting off-site discharge to its pre -
development rate of 59 cubic feet/second, requiring retention of
FEBRUARY 7, 1995 67
BOOK 94 PArk. 285
bo 94 ep", 286
167,597 cubic feet of runoff for the most intense use of the
property, and requiring that all finished floor elevations to be at
least six feet six inches above mean sea level.
As with all development, a more detailed review will be conducted
during the development approval process.
- Recreation
A review of county recreation facilities and the projected demand
that would result from the most intense development that could
occur on the property under the proposed zoning classification
indicates that the adopted levels of service would be maintained.
The table below illustrates the additional park demand associated
with the proposed development of the property and the existing
surplus acreage by park type.
Park Tvpe
Urban District
Community (south)
Beach
River
LOS
(Acres per
1000 population)
5.0
1.25
1.5
1.5
Project
Demand
Surplus
Acres
Acreage
3.11
191.256
0.78
9.535
0.93
67.777
0.93
28.773
Based upon the analysis conducted, staff has determined that all
concurrency -mandated facilities, including drainage, roads, solid
waste, recreation, water, and wastewater have adequate capacity to
accommodate the most intense use of the subject property under the
proposed zoning. Therefore, the concurrency test has been
satisfied for the subject request.
Consistency with Comprehensive Plan
Rezoning requests are reviewed for consistency with all policies of
the comprehensive plan. Rezoning requests must. also. be consistent
with the overall designation of land uses as depicted on the Future
Land Use. Map, which includes agricultural, residential,
recreational, conservation, and commercial and industrial land uses
and their densities. Commercial and industrial land uses are
located in nodes throughout the unincorporated areas of Indian
River County.
The goals, objectives. and policies are the most important parts of
the comprehensive plan. Policies are statements in the plan which
identify the actions which the county will take in order to direct
the community's development. As courses of action committed to by
the county, policies provide the basis for all county land
development related decisions. While all comprehensive plan
policies are important, some have more applicability than others in
reviewing rezoning requests. Of particular applicability for this
request are the following policies and objective.
Future Land Use Element Policy 1.14
Future Land Use Element Policy 1.14 states that the M-2, Medium -
Density Residential -2, land use designation is intended for
residential uses with densities up to ten units/acre. In addition,
that policy states that these residential uses must be located
within an existing or future urban service area.
Since the subject property is located within an area designated as
M-2 on the county's future land use plan map and is located within
the county's urban service area, and the proposed zoning district
would permit residential uses no denser than ten units/acre, the
FEBRUARY 7, 1995 68
proposed request is consistent with Future Land Use Element Policy
1.14.
- Future Land Use Element Policies 2.5 and 4.4
Future Land Use Element Policies 2.5 and 4.4 state that the county
will encourage and direct growth into the urban service area and
areas near urban centers. Since the proposed zoning district would
allow and encourage more development on the subject property, and
the subject property is within the urban service area and near the
county's main urban center, the request implements Future Land Use
Element Policies 2.5 and 4.4.
- Future Land Use Element Objective 4
Future Land Use Element Objective 4 states that Indian River County
will reduce the number and length of trips by implementing a land
use pattern which places employment centers near residential areas.
The subject property is located near the U.S. #1 commercial/
industrial corridor. As that area develops, demand for nearby
multiple -family housing will be generated. By accommodating that
demand for multiple -family housing, the subject request implements
Future Land Use Element Objective 4.
- Economic Development Element Policies 8.1 and 8.5
Economic Development Element Policies 8.1 and 8.5 address the use
of incentives, including increased densities, to reduce the cost
per housing unit and to encourage the provision of affordable
housing. By allowing increased density on the subject property,
the request would implement Economic Development Element Policies
8.1 and 8.5.
- Mass Transit Element Policy 1.2
Mass Transit Element Policy 1.2 states that the county will provide
higher densities along major transportation corridors in order to
facilitate future mass transit provision. Since the request is for
the county's highest density and the subject property is located
along a major transportation corridor, the request implements Mass
Transit Element Policy 1.2.
While the referenced policies and objective are particularly
applicable to this request, other comprehensive plan policies and
objectives also have relevance. For that reason, staff evaluated
the subject request for consistency with all plan policies and
objectives. Based upon that analysis, staff determined that the
request is consistent with the comprehensive plan.
Compatibility with the Surrounding Area
Staff's position is that the proposed RM -10 zoning of the subject
site would be a logical extension of the existing RM -10 zoning to
the south and west. In fact, the development pattern of this
entire portion of the county reflects a predominance of multiple -
family development.
Two examples of such multiple -family development are the Citrus
Woods Apartments and the Vista Royale Gardens Condominiums. The
Citrus Woods Apartments, directly across Indian River Boulevard
from the subject property, consist of moderately priced 1- and 2 -
bedroom rental apartments. The buildings are one story and well-
maintained. Abutting the subject property to the south, the Vista
Royale Gardens Condominiums are two story buildings comprised of
moderately priced 1- and 2 -bedroom units that are either rented or
FEBRUARY 7, 1995 69
BOOK PAGE,
BOOK 9 PAU
owner occupied. All residents of Vista Royale Gardens Condominiums
must be at least 55 years old.
Any development of the subject property under the proposed zoning
district would be similar to the Citrus Woods and Vista Royale
Gardens developments. Since similar uses are usually compatible,
development on the site under the proposed zoning district is
expected to be compatible with adjacent development.
Several other factors also indicate that the RM -10 district is the
most appropriate zoning district for the site. Located near the
urban center of the county and close to the U.S. #1 commercial/
industrial corridor, the subject property is particularly well
suited to meet the demand for multiple -family housing generated by
those uses. In effect, the proposed rezoning would increase the
opportunities for people to live near their place of employment.
Another important factor is the relationship of the subject
property to Indian River Boulevard. Generally, multiple -family
development is appropriate along arterial roadways. With buffering
and clustering capabilities, multiple -family development is better
suited adjacent to major roadways than is single-family
development.
The Indian River Boulevard corridor is particularly appropriate for
multiple -family housing. As a new roadway constructed through
mostly undeveloped areas, Indian River Boulevard is not
characterized by strip commercial uses. By establishing multiple -
family uses along the roadway, the residential character of the
corridor can be preserved. For these reasons, staff feels that the
requested RM -10 zoning would be compatible with the surrounding
area.
Potential Impact on Environmental Quality
Environmental impacts of residential development on the subject
property would be essentially the same under either the existing or
the proposed zoning district. The county's 10/15% native upland
plant community set aside requirement is not applicable to the
subject property, due to the disturbed nature of the uplands.
Prior to development of the site, the applicant would be required
to complete an environmental survey to determine the extent of any
jurisdictional wetlands on the site. Any jurisdictional wetlands
determined to be located on the parcel are protected by federal,
state, and county regulations. Moreover, in accordance with the
county comprehensive plan and LDRs, any areas determined to be
estuarine wetlands must retain a Con -2 zoning, consistent with a C-
2 future land use designation, which pertains to sites specifically
determined to be estuarine wetlands. In the case of the subject
property, the estuarine wetlands are generally defined by the west
boundary dike of the mosquito control impoundment.
As previously noted, the subject property is part of a larger 43
acre parcel that is being considered for public acquisition. The
portion of the 43 acre parcel that is not included in the subject
rezoning request consists of an undisturbed estuarine wetland.
That wetland is the primary reason that the 43 acre parcel is being
considered for public acquisition. The 27 acres comprising the
subject property are disturbed and have environmental significance
primarily as a buffer to the undisturbed wetland. Consequently,
the 27 acre subject property is not a priority for acquisition.
For these reasons, adverse environmental impacts associated with
this request are anticipated to be minimal.
FEBRUARY 7, 1995 70
M - r
CONCLUSION
The requested zoning is compatible with the surrounding area,
consistent with the comprehensive plan, meets all concurrency
criteria, and will have no negative impacts on environmental
quality. The subject property is located in an area deemed suited
for medium -density residential uses and meets all applicable
rezoning criteria. For these reasons, staff supports the request.
Based on the analysis, staff recommends that the Board of County
Commissioners approve this request to rezone the subject property
from RS -1 to RM -10.
I
1 'RCC
DV. LOT 3 40V. LOT 4
1 }
I RM -10
FEBRUARY 7, 1995 71
B00K
94 rAur�W
Community Development Director Robert Keating showed slides of
aerial views of the subject property noting that the existing
wetlands are not proposed to be changed.
Vice Chairman Adams opened the Public Hearing and asked if
anyone wished to be heard.
Ray Batt, 36 Vista Gardens Trail, presented arguments .for
keeping Vero Beach the way it is. He felt the proposed zoning
would erode the main purpose in making Indian River Boulevard a by-
pass. Mr. Batt displayed a map of the properties fronting the
Boulevard from U.S. #1 to 53rd Street, noting the amount of
undeveloped land, roughly 610 acres. He expressed concern for the
integrity of the by-pass because if all that vacant land was
developed at RM -10 it would be possible to have 8300 units along
there. Mr. Batt emphasized that the traffic collection data date
was May 18, after the season was over.
In conclusion, Mr. Batt noted that 900 people had signed
petitions opposing the high density rezoning.
Claude Perosa, 26 Vista Gardens Trail, addressed the area of
the Boulevard between 4th Street and 17th Street, recalling that
back in 1986 or 1987 the County Commission saw fit to down zone the
area leading into Vista Gardens. Mr. Perosa felt that if this
zoning is approved, we would end up using U.S. 11 as a by-pass.
Sam Alia of Vista Royale gave a brief history of U.S. #1 and
the building of Indian River Boulevard as a by-pass. He expressed
great concern over what will happen to the Boulevard if high
density development continues.
Henry Goode, 23 Vista Garden Trail, emphasized how difficult
it is at present to make a left-hand turn out of Vista Gardens onto
the Boulevard. The light at U.S. #1 and 4th Street backs up
traffic all the way to the end of Wal-Mart.
Barbara Connelly, 27 Vista Garden Trail, remembered back in
1987 when there was no exit on Indian River Boulevard. It is a
traffic hazard trying to get across the highway to go to U. S. 11 on
4th Street.
Jim Taylor, representing Vista Royale Gardens Association,
stated they are opposed to the rezoning because they feel that such
a dramatic change would have a great effect on the integrity of the
Boulevard.
FEBRUARY 7, 1995 72
� � s
John Townsend, president of the Vista Gardens Condominium
Association, presented petitions signed by 900 residents objecting
to the rezoning of the subject property to a higher density.
(RECEIPT OF SAID PETITIONS IS HEREBY ACKNOWLEDGED BY THE CLERK TO
THE BOARD. PETITIONS HAVE SINCE BEEN RETURNED TO MR. JOHN
TOWNSEND.)
Mr. Townsend noted that they don't understand the land
acquisition process but are astonished that the plan being
presented is to buy land that is already owned and is already zoned
RS -1. They don't see the need to buy land that is already
protected by zoning and wonder why consideration is being given to
spending money on the back part of the site. He suggested that
the County buy McKee Jungle Gardens instead of buying part of this
land that already is protected by zoning. They realize they
should have been here during the master plan hearings to avoid
higher density zoning in the future, but they would like to stress
that this may be the last opportunity to set policy along Indian
River Boulevard.
Edward R. Nicholson of Vista Gardens noted that staff's
analysis was done back in 1979 and the early 1980s, before the
Boulevard was built. All the words used back then were "now"
words; there was no reference to the future. He urged the Board
not to rule on one parcel at a time but instead set some density
policy on the Boulevard for the future. They realize that Mr.
Schlitt made an investment and has the right to use his property,
but no option is before the Board today other than RM -10. Mr.
Nicholson pointed out that because there is no emergency, the Board
could table this matter in order to make a collective decision at
a later date.
Bill Koolage of Vista Gardens encouraged the Board to deny
this request for higher density zoning. He has trouble getting
into Vista Gardens now and had trouble trying to get into Vista
Royale off of U.S. #1 the other day. At night it is hard to see
with the on -coming lights.
Ron Worley, owner of a unit in Vista Gardens, hoped that Vero
Beach would not become just another big city on the Atlantic Ocean.
Frank Gentile, 16 Vista Gardens Trail, was concerned that no
one asked what would be done with all the solid waste generated by
this RM -10 zoning.
FEBRUARY 7, 1995 73
G_
BOOK 4 F�[;E
Boos 94 r -Au 292
Dean Luethje of Carter Associates, representing the applicant,
pointed out that the comprehensive staff report covers all the
items that are in the Comp Plan which is a result of a lot of
effort and time. A lot of discussion went into the future land use
element. This is not after -the -fact thinking; it is thinking for
the future. Mr. Luethje noted the existing RM -10 development along
the Boulevard. About 95% of the subject site was planted in citrus
and much of it now has grown into exotic vegetation, which is not
conducive to agricultural development.
Ed Schlitt, applicant, appreciated the concerns of the
residents of'Vista Royale and Vista Gardens. He recalled that he
donated property fronting on U.S. #1 around the corner of Vista
Gardens so that the Boulevard could be built. That property
happened to cut through some commercial property he had there and
he donated that so that residents of Vista Gardens could get out
onto Indian River Boulevard. Through the years, he has given input
into the Comp Plan because he felt it is very important that this
county not go the way of the counties to the south. Mr. Schlitt
advised that he arranged to develop this property as housing for
the elderly after he learned through his attendance at the state
land acquisition meetings that the State had no interest in
acquiring upland property that didn't have any native vegetation.
Ed Nelson, resident of a mobile home park in the area of I-95
and SR -60, didn't want people to think that mobile home owners are
not interested in anything other than mobile home parks. He and
others who live west of town believe the Boulevard is unique and
should stay that way. They don't want to see any more development
on what was meant to be a by-pass for U.S. #1.
Frank Nepesh of Vista Gardens recalled a beautiful tree -lined
route in New Jersey that was destroyed by the development of malls
which later went bankrupt.
There being no others who wished to be heard in this matter,
the Vice Chairman closed the Public Hearing.
Commissioner Eggert noted that as a former member of the Land
Acquisition Advisory Committee and as current chairman of the
Metropolitan Planning Organization, no one has been a bigger
booster of Indian River County then she has been. She recalled
that back in 1981, the future land use plan established 10 units
FEBRUARY 7, 1995 74
per acre as the highest density. Commissioner Eggert stressed that
planning ahead is enormously important to all of us, and she asked
that everyone be aware of and attend future Comp Plan amendment
meetings so that development can continue at a rate where everyone
can be happy.
Commissioner Tippin felt that urban blight to the south of us
has been the greatest teacher we have ever had. An awful lot of
planning has been going on for an awful long time. He felt that a
lot of people here should be asked to stand up and take a bow,
noting that we restricted this county to a 30 -ft. height.
Commissioner Tippin felt the good parts outweigh the bad points and
that not everyone can be happy about some things.
Executive Aide Alice White advised that the County Commission
office received 52 letters against and 1 letter for the rezoning
requested by Mr. & Mrs. Edgar Schlitt.
Commissioner Bird emphasized that we cannot base our votes on
what is popular out there. We cannot deny a rezoning request if it
meets all the criteria of the Comp Plan, etc. In addition, he was
not sure that we built Indian River Boulevard totally as a by-pass.
We also built it with the intent that it would develop as a
corridor of multi -family residential.
Commissioner Adams could not see a valid reason to deny the
rezoning request. However, she felt we need to address the
difficulty people are having in trying to get across U.S. 01 from
Vista Gardens.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Chairman Macht being absent) adopted Ordinance 95-
05, amending the Zoning Ordinance and the
accompanying Zoning Map from RS -1 to RM -10 for the
property located on the east side of Indian River
Boulevard near 8th Street.
FEBRUARY 7, 1995 75
Boa PvL,c.'2'90"
Bong 94 294
ORDINANCE NO. 95-05
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RS -1 TO
RM -10, FOR THE PROPERTY LOCATED ON THE EAST. SIDE OF INDIAN
RIVER BOULEVARD, NEAR 8TH STREET, AND DESCRIBED HEREIN, AND
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission, sitting as the
local planning agency on such matters, has held a public hearing
and subsequently made a recommendation regarding this rezoning
request; and
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property; and
WHEREAS, the Board of County Commissioners has determined that
this rezoning is in conformance with the Comprehensive Plan of
Indian River County; and
WHEREAS, the Board of County Commissioners has held a public
hearing pursuant to this rezoning request, at which parties in
interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED, by the Board of County
Commissioners of Indian River County, Florida, that the Zoning of
the following described property situated in Indian River County,
Florida, to -wit:
All that part of the North one-half of Government Lot 2,
Section 18, Township 33 South, Range 40 East lying East of the
East.right-of-way of Indian River Boulevard and that part of
the North one-half of Government Lot 1, Section 18, Township
33 South, Range 40 East being more particularly described as
follows:
Beginning at the intersection of the North line of the North
one-half of Government Lot 2 and the Easterly right-of-way of
Indian River Boulevard, run South 89053'01" East along said
North line a distance of 1,582.54 feet; thence meandering in
a Southeasterly direction along the approximate centerline of
a dike the following courses; run South 03022126" East a
distance of 145.26 feet; thence run South 00048154" West a
distance of 101.46 feet; thence run South 06032'19" East a
distance of 132.64 feet; thence run South 81o25150" East a
distance of 202.75 feet; thence run South 67024159" East a
distance of 67.71 feet; thence run South 40o01'44" East a
distance of 87.01 feet; thence run South 14o54114" East a
distance of 170.92 feet to the South line of said North one-
half of Government Lot 1; thence run North 89050149" West a
distance of 2,045.19 feet to the East right-of-way of said
Indian River Boulevard; thence run North 00018127" East along
said right-of-way a distance of 10.67 feet to a point of
curvature; thence run Northeasterly along a curve concave to
FEBRUARY 7, 1995 76
ORDINANCE NO. 95- 05
the East having a central angle of 08041'15", a radius of
2,216.83 feet, a chord bearing and distance of North 04037'4.4"
East, 335.81 feet, an arc distance of 336.13..feet to a point
of tangency; thence run North 08o58150" East a distance of
332.54 feet to the Point of Beginning.
Said land lying and being in Indian River County, Florida.
Be changed from RS -1 to RM -10.
All with the meaning and intent and as set forth and described in
said Land Development Regulations.
Approved and adopted by the'Board of County Commissioners of
Indian River County, Florida, on this 7th day of February, 1995.
This ordinance was advertised in the Vero Beach Press -Journal
on the 19th day of January, 1995 for a public hearing to be held on
the 7th day of February, 1995 at which time it was moved for
adoption by Commissioner Eggert , seconded by Commissioner
T i p p i n , and adopted by the following vote:
Chairman Kenneth R. Macht Absent
Vice -Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Fran B. Adams, Vice Ch ir.m
1�
ATTEST BY:
Acknowledgement by the Department of State of the State of Florida
this 17th day of February 1995.
Effective Date: Acknowledgement from the Department of State
received on this 23rd day of February. , 1995, at 11:20
A.M.)W% and filed in the office of the Clerk of the. -,Board of
County Commissioners of Indian River County, Florida.
FEBRUARY 7, 1995 77 94
E�OC�K
Boa 94 Pia 296
REQUEST BY JOHN DEAN TO SPEAK CONCERNING COUNTY
II 1 ION 0,00I 1 1515 R 1 -.•'151 to ITEP
John Dean, local architect, believed this is a great
opportunity to have a pier of substantial magnitude in this
community by saving the east end of the old Merrill Barber Bridge.
He showed a design sketch of how it would look if the east end of
the bridge was retained, noting that it would fit well with
Riverside Park. He believed there is still time to save the east
end of the bridge, emphasizing that 1500 people have donated a
total amount of $83,500 to do all the work on the east end of the
pier and deliver it to the City of Vero Beach. A substantial
number of the 1500 people who have signed the petition to save the
east end of the bridge for a pier are from the unincorporated area
of the county. Mr. Dean advised that there is strong interest to
create a non-profit company to raise the funds to provide the
maintenance for the pier. He received a call from one private
business offering to provide $50,000. However, this needs to be
reserved for a public use. The City of Vero Beach is considering
this tonight at their Council Meeting.
In conclusion, Mr. Dean urged the Board to do whatever can be
done to put this plan into being because people from all over this
county will use the pier.
Commissioner Eggert was concerned about insurance or liability
for the east end of the bridge if it is retained because of what
happened to Panama City. She understood that there is a $4.5
million suit against the city and the end of the bridge has been
padlocked.
Commissioner Bird questioned the amount of parking that would
be needed for those people wishing to use the boardwalk and the
public pier, and Mr. Dean stated that eventually a master plan
would have to be done.
Commissioner Bird felt, from a recreational and a tourist
viewpoint, there would be some merit in keeping one end of the
bridge, but that decision is up to the City of Vero Beach.
Commissioner Eggert agreed, and noted that during the last 10
days the majority of her calls are from people who are against
retaining the bridge for various reasons.
Commissioner Tippin realized the difference between the City's
jurisdiction and the County's, but people from all over the county
have called in to say they would like to share in the venture. He
preferred saving the east end of the bridge.
FEBRUARY 7, 1995 78
Commissioner Adams wished recreational facilities could be
built everywhere and would love to see the City make a decision to
try to do something about a pier.
Mr. Dean just wanted the Board to be aware of the strong
feelings of people from all over the county about saving an end of
the bridge, and he urged the Board to make their feelings known to
the Vero Beach City Council.
No action taken.
NON -PROM TAX EXEMPTIONS
Deferred.
AUTHORIZATION FOR STAFF TO APPROVE LOCAL HOUSING
ASSISTANCE PROGRAM MORTGAGE ASSIGNMENT AND LOAN
ASSUMPTION AGREEMENTS
The Board reviewed the following memo dated 2/1/95:
TO: James E. Chandler
County Administrator
DPMITBSENT HEAD CONCURRENCE
Obert W. Kea i ,
Community Deve pm Director
FROM: Sasan Rohani, AICP G 'a `/j `
Chief, Long -Range Planning
DATE: February 1, 1995
RE: REQUEST FOR AUTHORIZATION FOR STAFF TO APPROVE LOCAL
HOUSING ASSISTANCE PROGRAM MORTGAGE ASSIGNMENT AND LOAN
ASSUMPTION AGREEMENTS
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of February 7, 1995.
DESCRIPTION AND CONDITIONS
Since 1993, Indian River County has participated in the State
Housing Initiative Partnership Program (SHIP). Through this
program, the county has distributed over $700,000 in deferred
payment loans to eligible households to acquire or rehabilitate
housing units. The SHIP program is administered in conformance
with the county's local housing assistance program which is
incorporated in the county's local housing assistance plan.
FEBRUARY 7, 1995
79
BOOK - P,�L 297
Boa 94 mw. 2,98
To receive loan assistance from the Local Housing Assistance
Program, applicants must be in either the very low income category,
the low income category, or the lower half of the moderate income
category. In most cases, the county provides downpayment/closing
cost loans, rehabilitation loans, or impact fee loans directly to
the eligible applicant purchasing a home or rehabilitating a home.
The county then becomes the first or second mortgage holder. At
the time of closing, applicants sign a county mortgage document and
promissory note. The applicant is then responsible for paying back
the loan and accrued interest when the assisted housing unit is
sold.
In some cases, however, a non-profit organization such as Habitat
for Humanity may be an eligible sponsor. An eligible sponsor
receives a loan from the county's local housing assistance program
for impact fees or land acquisition. To receive the loan, the non-
profit organization must sign the county's mortgage document and
promissory note. Upon receiving a loan, the non-profit
organization then has one year to build the home and transfer it to
an eligible very low income or low income household.
ANALYSIS AND ALTERNATIVES
In all cases, a non-profit organization which receives SHIP funds
will transfer ownership of the SHIP assisted house to an eligible
applicant. The new owner must then assume all applicable loans,
including the county's deferred SHIP loan. Presently, the Board of
County Commissioners must approve each mortgage assignment and loan
assumption agreement. An alternative to this process is for the
Board to assign a designee to review and approve assignment and
assumption agreements. Since the community development department
administers the county's SHIP program, a logical designee would be
the community development director or his designee.
By allowing staff to approve assignment and assumption agreements,
the SHIP program can function more efficiently. This change would
save time, staff effort, and paperwork. Because approval of these
agreements is primarily a legal and administrative function, this
change would not affect the Board's substantive policy decision-
making responsibility.
Community development department staff have coordinated with the
county attorney's office on this matter. Both offices recommend
that the Board delegate to staff the authority to review and
approve SHIP program assignment and assumption agreements.
Recommendation
Staff recommends that the Board of County Commissioners approve the
attached resolution, authorizing the Community Development Director
or his designee to review and approve local housing assistance
program mortgage assignment and loan assumption agreements.
FEBRUARY 7, 1995 80
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Chairman Macht being absent) adopted Resolution 95-
23, authorizing the Community Development Director
or his designee to review and approval local housing
assistance program mortgage assignment and loan
assumption agreements.
RESOLUTION NO. 95- 23
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA AUTHORIZING THE COMMUNITY DEVELOPMENT
DIRECTOR OR HIS DESIGNEE TO REVIEW AND APPROVE LOCAL HOUSING
ASSISTANCE PROGRAM MORTGAGE ASSIGNMENT AND LOAN ASSUMPTION
AGREEMENTS
WHEREAS,.Chapter 420, Florida Statutes, describes the State
Housing Initiative Partnership Program (SHIP), which has been
established to 'increase the amount of affordable housing within the
State of Florida; and
WHEREAS, On April 6, 1993, the Indian River County Board of
County Commissioners approved ordinance number 93-13, establishing
the Indian River County Local Housing Assistance Program; and
WHEREAS, on April 6, 1993, the Indian River County Board of
County Commissioners adopted the Indian River County Local Housing
Assistance Plan; and
WHEREAS, according to Rule 9I-37.005(2), Florida
Administrative Code, each Local Government had to submit a new
Local Housing Assistance Plan by May 2, 1994, to be eligible for FY
1994-95 SHIP funding; and
WHEREAS, on April 5, 1994, the Indian River County Board of
County Commissioners approved a revised Local Housing Assistance
Plan; and
WHEREAS, on August 29, 1994, the Florida Housing Finance
Agency approved the county's revised plan; and
WHEREAS, the Indian River County Local Housing Assistance
Program provides low interest loan assistance to very low income,
low income, and certain moderate income households; and
FEBRUARY 7, 1995
81
BOOK 94 PA
Bou 94 mu,306
WHEREAS, non-profit organizations may be eligible sponsors to
receive SHIP loans, sign county mortgage documents and promissory
notes, and build housing units; and
WHEREAS, non-profit organizations must transfer ownership of
assisted housing units to eligible households, and new owner
households must sign mortgage assignment and loan assumption
agreements and assume all responsibilities to pay back county SHIP
loans when the assisted unit is sold; and
WHEREAS, the Board of County Commissioners must consent in
writing to any Local Housing Assistance Program mortgage assignment
and loan assumption agreement or designate a member of the staff to
review and approve mortgage assignment and loan assumption
agreements;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Indian River County, Florida that:
Section 1.
The above recitals are ratified in their entirety.
Section 2.
The ..Board of County Commissioners authorizes the Community
Development Director or his designee to review and approve the
Local Housing 'Assistance Program mortgage assignment and loan
assumption agreements.
The foregoing resolution was offered by Commissioner
E a a e r t , and seconded by Commissioner Ti 12pi n , and
being put to a vote, the vote was as follows:
Chairman Kenneth R. Macht Abc�nt,
Vice Chairman, Fran B. Adams Aye _
Commissioner Richard N. Bird Aye _
Commissioner Carolyn K. Eggert Aye _
Commissioner John W. Tippin Afire _
The Chairman thereupon declared the resolution duly passed and
adopted this 7 day of Februaryl995.
Board of County Commissioners
of Indian River County
By .
Gtr ti�
Fran B. Adams. Vire Chairman
FEBRUARY 7, 1995 82
M, =I
CONSIDERATION OF SEBASTIAN SCRUB FCT APPLICATION -
SELECTION OF AGC INDUSTRIAL TRACT OR SEBASTIAN
HIGHLANDS LOTS
The Board reviewed the following memo dated 1/29/95:
TO: James E. Chandler
County Administrator
DE ENT HEAD CONCURRENCE:
Obert M. Kea"ting, AIYirector
Community Develo ment
FROM: Roland M. DeBlois, AICP
Chief, Environmental Planning
DATE: January 29, 1995
RE: Consideration of Indian River County's Sebastian Scrub
FCT Application: Selection of AGC Industrial Tract or
Sebastian Highlands Lots for Approved FCT 4th -Year Cycle
Funding
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of February 7, 1995.
DESCRIPTION AND CONDITIONS
FCT Funding Approval
On January 12, 1995, the Florida Communities Trust (FCT) Governing
Body held a hearing to rank projects submitted for land acquisition
cost -share funding under its 4th -year cycle program. Indian River
County's "Sebastian Scrub" application was one of the projects
under consideration. The "Sebastian Scrub" application consisted
of two components. One was the Atlantic Gulf Communities (AGC)
industrial tract (±66 acres), while the other component was +180
lots in Sebastian Highlands Unit 17 (±46 acres).
Of 44 projects submitted state-wide, the Sebastian Scrub project
ranked 32nd. Approximately $31.3 million dollars (including
contingency funds) are available under this FCT cycle, and based on
project funding requests, FCT approved allocation of these funds
for projects ranked 1 through 34. Therefore, the requested 50%
cost -share funding (+$1.2 million) for the Sebastian Scrub project
has been approved.
Contiguity Issue
At the hearing, however, the FCT Governing Body considered an FCT
requirement that individual projects must consist of contiguous
property; otherwise, contiguity through public ownership must be
demonstrated. Although the AGC tract and the Sebastian Highlands
lots are physically separated, county staff represented to the FCT
that the submitted Sebastian Scrub project had biological
FEBRUARY 7, 1995 83
Boa 94 FAu 0
contiguity through public
Jay usage and habitat. The
under this cycle for only
project: either the +180
industrial tract.
BOOK 94 PAGE 302
ownership from the standpoint of scrub
FCT, however, voted to approve funding
one of the two main components of the
Sebastian Highlands lots, or the AGC
The FCT Governing Body left the decision up to the County to
determine which of the two components would be funded under this
application cycle. At its meeting on January 25, 1995, the County
Land Acquisition Advisory Committee (LAAC) considered this matter
and voted 9 to 4 to recommend that the Board of County
Commissioners select the AGC industrial tract, not the Sebastian
Highlands lots, for funding under the present 4th -year FCT program
cycle.
Staff requests that the Board of County Commissioners select one of
the two components of the Sebastian Scrub application - either the
AGC industrial tract or the Sebastian Highlands lots - for approved
funding under this 4th -year cycle of the FCT.
ALTERNATIVES & ANALYSIS
Evaluation Factors; Land Acquisition Guide Matrix
In determining whether the AGC industrial tract or the Sebastian
Highlands Unit 17 lots should be chosen for cost -share funding
under the present FCT cycle, it is important to evaluate a number
of factors. These factors include comparing the two areas from the
standpoint of:
• environmental importance
• management issues
• development threat/land use conflicts
• opportunity for future cost -share funding
These factors and others are addressed in the Evaluation/
Prioritization Matrix of the Land Acquisition Guide, which consists
of 10 criteria used for evaluating sites for prioritization
purposes (see attached). The matrix weighs certain criteria as more
important than others, and is generally divided into two
categories: qualitative issues and purchase/management issues.
Criteria given the most weight are vegetative quality, wildlife
value, and purchase need vs. other protection methods.
Following is a comparative analysis of the AGC industrial tract and
the Sebastian Highlands Unit -17 lots based on matrix criteria.
Qualitative Issues
The qualitative criteria of the Guide, matrix relate to native
vegetation quality and wildlife value; contribution to wildlife
corridors and biodiversity; contribution toward fulfilling
comprehensive plan environmental land acquisition policies;
social/economic value; and multiple use opportunity.
Regarding vegetative quality and wildlife value, both areas have
high value from the standpoint of scrub habitat. In contributing to
a wildlife corridor, -the Sebastian Highlands lots are a critical
linkage between the Wabasso Scrub property to the south and scrub
habitat in north Sebastian. The AGC industrial tract is also
important to the overall remaining scrub of the area, but is less
of a critical "link" in and of itself. Both areas contribute
equally to fulfilling comprehensive plan acquisition objectives.
FEBRUARY 7, 1995 84
In the category of social/economic value and multiple use
opportunity, each of the two areas would be acquired primarily for
habitat conservation, and multiple use would be limited.
Purchase/Management Issues
In the purchase/management category, Guide matrix criteria address
purchase need vs. other ot acquisitionelopment potential; threat;
and market
land
management ease; cooperative
conditions.
Comparing the -Sebastian Highlands Unit 17 lots and the AGC
industrial tract, purchase need is more critical to the Sebastian
Highlands lots to protect viable habitat. This is because the
alternative of allowing partial conservation of scrub on a lot -by -
lot development basis would be largely ineffective due to
fragmentation of remaining scrub habitat in the area. In contrast,
although purchase is the most effective preservation means, for the
AGC industrial tract, the property could conceivably be partially
developed and still maintain some level of viable habitat under a
mitigation plan.
With the exception of the current "stalemate" situation between
private lot owners and the U.S. Fish and Wildlife Service
concerning development of the subject Sebastian Highlands lots, the
Highlands lots are under a more immediate development threat than
the AGC industrial tract, which presently has unimproved road
right-of-way frontage.
Considering land management ease and market conditions, the AGC
industrial tract is better suited as a management unit. This is
because the Sebastian Highlands -lots are within a developing
subdivision and are somewhat fragmented, conditions which could
lead to management difficulties. Acquisition ease of the AGC
industrial tract is more favorable from the standpoint of having
one owner vs. the multiple ownership of the Highlands lots. These
two issues - land management ease and number of owners - were the
primary factors in LAAC's 9 to 4 vote to recommend the AGC
industrial tract for current FCT cycle funding vs. the Sebastian
Highlands lots.
Importance to County -Wide HCP
The County Commission has directed staff to coordinate with the
City of Sebastian to develop a county -wide scrub jay HCP. Scrub
acquisition, particularly within Sebastian, is an essential part of
the HCP. The City of Sebastian's participation in and support of
a county -wide HCP is largely based on public acquisition of the
identified Sebastian Highlands lots, to alleviate the land use
conflict of lot development vs. endangered species protection.
The +180 Sebastian Highlands lots represent the crux of
negotiations between the City and the Fish and Wildlife Service, as
to the minimum number of lots needing protection to pro -actively
allow single-family lot development, without substantial delays, in
compliance with the federal Endangered Species Act. The City of
Sebastian's request that these lots be an acquisition priority was
an important factor in the Board of County Commissioners' decision
to include the lots in the Sebastian Scrub FCT application.
FEBRUARY 7, 1995 85
BOOK U4
P�„-L 303
BOOK 94 PAGL304
The Fish and Wildlife Service (FWS) has identified protection of
both the AGC industrial tract and the Sebastian Highlands Unit 17
lots as critical components of a county -wide Habitat Conservation
Plan (HCP). Given the choice of public acquisition of one area
sooner than the other, FWS staff has indicated that the Sebastian
Highlands lots are a higher priority. This is because of the
immediate land use conflict of endangered species habitat
protection vs. residential development that applies to these lots.
Future Cost -Share Funding Opportunity
The next (5th -year) FCT application cycle begins in June, 1995.
Projects submitted under the 5th -year cycle will be ranked in
December, 1995. As such, the Sebastian Scrub component not chosen
by the County for funding under the present FCT cycle - either the
AGC industrial tract or the Sebastian Highlands Unit 17 lots -
could be submitted for funding in June.
Also, staff are investigating the opportunity of submitting a CARL
application that would amend an existing highly ranked CARL
project, "Brevard County Scrub Refugia", to include Indian River
County HCP scrub acquisition sites. Such an amendment could be
submitted this year for 50% cost -share funding.
RECOMMENDATION
Staff recommends that the Board select one of the two components of
the Sebastian Scrub application, the Sebastian Highlands lots or
the AGC industrial tract, for cost -share funding under the present
FCT program cycle.
Chief of Environmental Planning Roland DeBlois advised that
this has been back to the Land Acquisition Advisory Committee
(LAAO) for review and they voted 9-4 to recommend the Atlantic Gulf
Communities industrial tract on the north end of Sebastian.
Commissioner Eggert gathered from reading the minutes of the
LAAC meeting that their choice in this particular selection was due
to their having adopted a policy that platted lots should not be
considered. She had a problem with their decision because the City
of Sebastian has had a terrific problem with people trying to get
the proper information in trying to develop their property. It
occurred to her that since these properties are very close, and
because we have another chance to submit the industrial tract in
June, it would be better to go with the Sebastian tract first.
In response to Chairman Tippin's question, Mr. DeBlois advised
that the Sebastian Highlands site had the most scrub jays. He
explained that the funding would be a 50-50 split with 50% coming
from the LAAO funds and 50% coming from the State.
FEBRUARY 7, 1995 86
Commissioner Adams wondered about our chances if we
resubmitted a grant application for the 67 -acre tract in June, and
Mr. DeBlois felt that it would have a good chance. The State has
committed to funding just one piece now and it is up to the Board
to make that decision. The assessed value of the Highlands' tract
came in at $1.4 million and the industrial tract's assessed value
is approximately $400,000. Mr. DeBlois advised that we had
requested $1.2 million to acquire both components, but the State
has approved $1.2 million in funding for just one tract.
Commissioner Bird inquired about unwilling owners, and
Community Development Director Robert Keating explained that no
condemnation is being recommended. This will be our fourth FCT
grant and our land acquisition consultant, Charles Hardee, is
looking at this as a definite challenge. From the prospect of the
benefits, he felt it is worth it.
Sebastian Mayor Al Firtion got the lots reduced from 180 to
160 and 40 of those lots are on the Gulf Western boundary. The
owner is willing to release those lots.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Tippin, to select the Sebastian
Highlands lots for cost-sharing funding under the
present FCT program cycle.
Under discussion, Commissioner Bird asked about LAAC's vote
for the industrial tract, but Commissioner Eggert reiterated that
she felt they made that selection due to their having adopted a
policy that platted lots not be considered.
Commissioners Eggert and Adams felt this is a win-win
situation and in line with the intent of the referendum on
acquiring environmentally sensitive lands, and Commissioner Bird
said he was convinced.
THE CHAIRMAN CALLED FOR THE QUESTION. The
Motion carried unanimously (4-0, Chairman Macht
being absent).
FEBRUARY 7, 1995 87
mc.,K 94 pt -,UL -305-
BOOK 94 PAPS O
STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC
DISASTER RESPONSE AND RECOVERY - MODIFICATION #1
The Board reviewed the following memo dated 1/20/95:
TO: Honorable Board of County Commissioners
THROUGH: Doug Wright Director
Department of Emergency Services
FROM: John Ring, Emergency Management Coordinator
Division of Emergency Management
DATE: January 20, 1995
SUBJECT: APPROVAL OF MODIFICATION #1 TO THE STATEWIDE MUTUAL AID
AGREEMENT FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY
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 June 17, 1994, the Board of County Commissioners approved and
agreed to participate in the Statewide Mutual Aid Agreement for
Catastrophic Disaster and Response, which provides emergency aid
and assistance for emergencies which exceed the capability of local
resources. Subsequent to the County's execution of this document,
the IRC Division of Emergency Management coordinated with the five
(5) local municipal administrators which resulted in the respective
governing bodies' authorization to participate in the Agreement.
As this compact was being promulgated by political subdivisions
throughout the state, a few local risk management agencies and the
Florida Association of Counties raised questions regarding
potential Workers' Compensation claims. As a result, the Assistant
General Counsel to the Florida Department of Community Affairs
(DCA) was requested and agreed to clarify and make minor
corrections in terminology to the document. After receiving a
consensus of agreement with several county attorneys, DCA counsel
drafted and provided Modification #1 to the Statewide Mutual Aid
compact to the local emergency management offices for approval
coordination.
ALTERNATIVES AND ANALYSIS:
The Indian River County Division of Emergency Management has
received the changes to the Agreement referenced above and
coordinated the agreement modification with the local
municipalities. The required signatures have been obtained from
each political jurisdiction and the Agreement is before the Board
for approval of Modification #1 to the referenced document.
Staff feels that the proposed modifications regarding Workers'
Compensation, are in our best interest in that they would afford
workers' compensation coverage to our staff who are assisting a
requesting party in other jurisdictions as currently exist in our
county.
FEBRUARY 7, 1995 88
RECOMMENDATION:
Staff recommends approval of Modification #1 to the Statewide
Mutual Aid Agreement for Catastrophic Disaster Response and
Recovery and requests that the Board authorize the Chairman to
execute the necessary documents.
(BCC
CHAIRMAN ALSO
NEEDS
TO
SIGN EACH OF THE FOLLOWING DOCUMENTS)
2.
Modification
#1
to
the
referenced
Agreement
for
the
City
of
Fellsmere.
3.
Modification
#1
to
the
referenced
Agreement
for
the
City
of
Sebastian.
4.
Modification
#1
to
the
referenced
Agreement
for
the
City
of
Vero Beach.
5.
Modification
#1
to
the
referenced
Agreement
for
the
Town
of
Indian River
Shores.
6.
Modification
#1
to
the
referenced
Agreement
for
the
Town
of
Orchid.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Chairman Macht being absent) approved Modification
#1 to the Statewide Mutual Aid Agreement and
authorized the Chairman to execute the necessary
documents, as recommended by staff.
AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
IRC COURTHOUSE PROTECT - PARTIAL RELEASE OF
CONTRACTOR'S RETAINAGE - CUMMO NGS. INC.
The Board reviewed the following memo dated 1/31/95:
FEBRUARY 7, 1995
89
Boa 94 P! .- X07
BOOK 94 Pm, 08
DATE: JANUARY 31, 1995
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
TBRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVICIS
SUBJECT: INDIAN RIVER COUNTY COURTHOUSE PROJECT
PARTIAL RELEASE OF CONTRACTOR'S RETAINAGE
BACKGROUND:
Attached is the courthouse contractor's request for payment number
24. The total requested is $589,984.31. This amount includes a
request for reduction in the retainage by $501,110.28, or
approximately 50% of the amount being held. This request is in
accordance with their contract with the County.
ANALYSIS:
Centex Rooney, our Construction Manager on this project has
recommended payment of the amount requested as outlined in their
attached letter.
Pierce Goodwin Alexander and Linville, our architect on the project
has authorized payment of the amount requested.
RECOMMENDATIONS:
Since the County will retain $510,000 after payment of this
request, staff recommends payment at $589,984.31.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Tippin, to approve Application for
Payment #24 from Cummings, Inc. in the amount of
$589,984.31, as set out in the above staff
recommendation.
Under discussion, Commissioner Adams asked when the final
totals will be coming before the Board, and General Services
Director Sonny Dean advised that it is scheduled for the February
28 meeting.
Commissioner Bird asked how long we are required to hold the
retainage with respect to errors and omissions, and Director Dean
FEBRUARY 7, 1995 90
advised that we are holding $500,000 on the contractor and about
$9,000 on the architect. The architect has errors and omissions
insurance. Everything will be settled at one time.
THE CHAIRMAN CALLED FOR THE QUESTION. The
Motion carried unanimously (4-0, Chairman Macht
being absent).
APPLICATION FOR PAYMENT
F= --
INDIAN RIVER COUNTY COURTHOUSE APPLIC&TIO1 Rf.: 24
: i
e 617 APPLICATION Un: January 5, 1995
co1TRATTDt, JAMES A. CUMMINGS, INC. mt mum mmil /20 TO. 2/20/94-
CHANGS ORDER SUMMM CONTItACT STATQS
1.
2.
3.
4.
110.
DATE APDWe a Cmmff
ADD1TIW
DMVI9E
1-14
various
$496,603
26
3,694,795
24
TOTALS 1$496,603126
3,6,795
7.4
ORIGINAL CONTRACT SUIS .......$ 13.272.600.00
NET CHANGE BY CHANGE ORDERS
(COLUMN 3 MINUS COLUMN 4)....$ 3.203.191.98
CONTRACT SUM TO DATE ........ $10-069 408.02
VALUE OF WORK IitPLACE ....... $ 13.895.407.51
Less indirect day is & ales tE�t 3, 695, 430.69
VALUE OF STORED 1MATERI¢ALS....x
TOTAL EARNED .................$ 10,199,976.82
Per 12/8/94 letter c
386;8$9s69J'�O,
RETAINAGE AT 4...........$
TOTAL EARNED LESS RETAINAGE.. $ ° 699, 576-42--f/ 6 J,9h
LESS PREVIOUS PAyMENTS.......$ 9,099,992.51
CURRENT PAYMENT DUE ..........$
CERTIFICATION BY CONTRACTOR
The undersigned CONTRACTOR eertities that all items and smarts shown on this Application for Payment are correct, that any Vork performed or materials
supplied or stored has been done in accordance with the Contract Daum". that all asamm have been paid for LWk or Materials for which prrAous
Applications for Payment were Issued and paynant received fro= ffia 011117. and that currant payment sham herein is now due.
C1f1RACi0Rt JAMES A. ORM S, INC. ATTEgit thin 5 •:� r of Mae Subscribed and sweet to hefue
we • wary 'gym Of rd"
My Camra. Em. Jan. 24. 8
@asurer try Co®tafon Esp dlenurMaP�T
(SEAL) ITITLE) CRATE) (Seal)
Used an on-site Observations and t6 date comprising this Application for Pay=ent, the uidersIg ncd
centfies thot the work ha progressed to the pout Indicated herein and to ttVAMIS
butof lad"'
Information, and belief 111 in aaordanee VIffi Contrast Doelaents aha that ( Is ea
to psy=att of the tam serf f1 n! 1fw
PRODtAM fi19ASERt ARCRi71f7 PROJECT Avg
Sa
(Title) Ti fate) (Title)-- Cotta) cTittoEmu
c1nc.)
REV 1 9/90
FEBRUARY 7, 1995 91
BOOK 94 PACE ,10
:.F7-
V)
.yz
s/
Bm 94 PA 10
HEALTH CARE PLAN
Deferred for one week.
SPECIAL WATERWAY PROTECTS GRANT - DALE WIMBROW &
WABASSO CAUSEWAY BOAT RAMPS
The Board reviewed the following memo dated 1/31/95:
TO: James Chandler
County Administrator
i�
THROUGH: James W. Davis, P.E. /
Public Works Director '�✓
i
FROM: Terry B. Thompson, P. .
Capital Projects Manager
SUBJECT: Special Waterway Projects Grant
Dale Wimbrow and Wabasso Causeway
Boat Ramps
DATE: January 31, 1995
The Department of Environmental
County's application to replace
Wabasso Causeway. The existing
and at the wrong slope.
Protection has approved the
boat ramps at Dale Wimbrow and
ramps at both parks are tooshort
The attached grant agreement for Dale Wimbrow Boat Ramp in the
amount of $80,000 provides for replacing the existing boat ramp
and adjacent dock. Indian River County is exempt from a match
requirement because it is one of 23 eligible counties with the
least number of registered boats.
The attached grant agreement for
the amount of $120,000 provides
ramps and adjacent docks. There
project.
Wabasso Causeway Boat Ramp in
for replacing two existing boat
is no match requirement for this
Staff recommends that the Chairman be authorized to execute the
attached grant agreements for Dale Wimbrow and Wabasso Causeway
Boat Ramps.
FEBRUARY 7, 1995 92
� � r
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Chairman Macht being absent) approved the grant
agreements for Dale Wimbrow and Wabasso Causeway
boat ramps, as recommended by staff.
AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
5TH ANNUAL SUNRISE BICYCLE CLASSIC
The Board reviewed the following memo dated 1/30/95:
TO: James E. Chandler, DATE: January 30, 1995
County Administrator
THROUGH: James W. Davis, P.E.,
Public Works Director
FROM: Christopher R. Mora, P.E.
County Traffic Engineer
SUBJECT: 5th Annual Sunrise Bicycle Classic
Rotary Club of Vero Beach
The Rotary Club of Vero Beach is planning the 5th Annual Sunrise Bicycle
Classic. This two-day event will be held on Saturday, April 1st and
Sunday, April 2nd, 1995. A 100 mile, three lap bicycle race is
scheduled for Saturday, April 1, and will begin and end at the Vero
Beach Senior High School. The proposed route is the exact same route
used in previous years, and the bicyclists will travel the following
route three times:
1) From 16th and 17th Streets at Vero Beach Senior High School,
over 17th Street Bridge to SR AlA;
2) North on SR AlA to CR 510;
3) West on CR 510 to 58th Avenue;
4) South on 58th Avenue to Oslo Road;
5) East on Oslo Road to 20th Avenue;
6) North on 20th Avenue to Vero Beach Senior High School (16th
Street);
This route proved to be very successful in the past. The moving
envelope of bicycle racers will be ushered by an official lead vehicle,
a Sheriff's car, emergency vehicles, official race vehicles, Indian
River Shores Police vehicles and City of Vero Beach Police vehicles.
Members of the "HAM" operators organizations, Vero Beach High School
ROTC units, and uniformed Rotary Club members will be stationed along
the route to ensure visual and radio contact and positive traffic
control at all times.
FEBRUARY 7, 1995 93
BOOK 94PAS(:
BOOK 31
The race is scheduled to begin at approximately 8:00 AM and will be
concluded between.11:00 and 11:30 AM.
The second part of the planned event will be a separate race on April 2,
1995 on Indian River Boulevard between 37th Street north to 53rd Street.
The Rotary Club of Vero Beach is asking that Indian River Boulevard be
closed to all vehicle traffic to protect the race participants, and to
provide a parking area for approximately 500 vehicles along the right-
of-way. Access to Grand Harbor would be maintained at all times. The
Rotary Club is requesting that Indian River Boulevard be closed between
the hours of 7:00 AM and 6:00 PM.
The request for approval from the, Indian River County Board of County
Commissioners to hold the 5th Annual Sunrise Bicycle Classic is the
proposal before the Board at this time. The following conditions shall
apply:
A. The Rotary Club of Vero Beach shall provide Indian River
County with hold harmless insurance documents carrying
Indian River County, Florida Department of Transportation
and the City of Vero Beach prior to issuance of the
required permits.
B. The race course shall be in accordance with the route as
outlined in the agenda description.
C. Traffic control shall be provided by law enforcement
vehicles and uniformed personnel, and all advance signing
and warning devices shall be in place prior to the start
of the race.
D. Liaison activities shall be maintained between the race
committee, Indian River County Sheriff's Department, City
of Vero Beach Police Department and Indian River County
Traffic Engineering Division.
E. The Rotary Club shall
Indian River County
Transportation.
secure a right-of-way permit from
and the Florida Department of
Staff has no objections to the first part of this planned event, to be
held on April 1, 1995, on the same route as was done in previous years.
Staff does not recommend however, the complete closure of Indian River
Boulevard between 37th Street and 53rd Street, which is planned for
April 2, 1995, for the following reasons:
1) The newly completed Boulevard continues to service an
increasing volume of traffic. The peak .season volume will
soon reach 8,000 vehicles per day. Staff maintains that the
delays and inconvenience that this event will cause to the
motoring public is unwarranted.
2) Due to the unpredictable weather, thdre is a chance that the
water retention swales in the median of Indian River Boulevard
will be damp or containing water. Staff does not recommend
parking vehicles within the right-of-way. These vehicles
could become stuck, causing damage to the newly sodded areas.
FEBRUARY 7, 1995 93A
M M M
Cooke Gravlee, chairman of the Rotary Club of Vero Beach,
didn't see a problem with parking on the grass this year. The sod
was new for last year's race. Grand Harbor will allow spectators
to park inside their gate if we have a problem with overflow
parking. Approximately 500 cars are expected to park diagonally
off of Indian River Boulevard, and Grand Harbor helps by roping off
the grass areas. If the road is not closed for the race, there
would be insufficient parking. The race will run during the hours
of 7 a.m. to 6 p.m. The last 1-1/2 hours is spent picking up
trash. People are accustomed to using U.S. #1 during the race and
it will not stop anyone from getting to the hospital.
Commissioner Bird felt that with more and more people using
the Boulevard every year that it is going to become more difficult
to close it off for events such as this.
MOTION WAS MADE by Commissioner Bird, SECONDED by
Commissioner Eggert, to grant the closing of Indian
River Boulevard for this race for one more year but
look to using another road in the future.
Under discussion, Commissioner Tippin suggested posting signs
prior to the race showing U.S. #1 as an alternate route.
THE CHAIRMAN CALLED FOR THE QUESTION. The
Motion carried unanimously (4-0, Chairman Macht
being absent.)
FEC LICENSE AGREEMENT - TRAFFIC SIGNAL AT FEC CROSSING
AND 4TH STREET
The Board reviewed the following memo dated 1/30/95:
TO: James E. Chandler, DATE: January 30, 1995
County Administrator ---
THROUGH: James W. Davis, P.E.
Public Works Direct
FROM: Christopher R. Mora, P.E. G„n.
County Traffic Engineer
SUBJECT: FEC License Agreement to install traffic signal
interconnect wiring in a subgrade conduit,crossing the
FEC Railroad @ 4th Street
REF LTR: M.O. Bagley, FEC to Indian River County dated January 3,
1995
FEBRUARY 7, 1995
94
BOOK 94 vnfJ
BOOK 94 mul- 14
DESCRIPTION AND CONDITIONS
The FEC has requested that the Chairman of the Indian River County
Board of County Commissioners execute a license agreement to allow
installation of a subgrade electrical cable crossing the Railway's
right-of-way at 4th Street, Vero Beach, Florida, located
approximately 3982' feet South of Mile Post 229. Crossing to
consist of two 2" PVC conduits for traffic signal interconnect
wiring, all within a 6" casing, to be installed by the jack -and -
bore method pursuant to the specifications attached to the
agreement.
RECONII4MMATIONS S FUNDING
It is recommended that the Chairman be authorized to sign the
Agreement. Funding to be from the 4th Sheet Widening project
account #101-156-541-067.29 and yearly license fee from the Traffic
Engineering Division FEC Payments account #111-245-541-034.46.
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Chairman Macht being absent) approved the FEC
License Agreement for 4th Street, as recommended by
staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
PETITION PAVING - WESTSIDE AND SUNDOWNERS SUBDIVISIONS
The Board reviewed the following memo dated 1/30/95:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.
Public Works Director
FII�
SUBJECT: Petitions from Property Owners in Westside Subdivision
and Sundowners Subdivision for Special Assessment
Road/Drainage Improvements
REF. LETTER: Isabelle B. Dayton to Jim Davis dated Jan. 17, 1995
DATE: January 30, 1995 FILE: WEST-SUN.AGN
DESCRIPTION AND CONDITIONS
Property owners within two privately dedicated subdivisions have petitioned the County
to replace large deteriorated drainage pipes located in the Indian River Farms Water
FEBRUARY 7, 1995 95
M M r
Control District canals which serve the entrances to their subdivision and to also upgrade
their local roads. They are requesting that the county staff design, permit, and construct
the improvements and assess the property owners 100% of the cost.
In the case of Sundowners Subdivision, 53rd Avenue south of 16th Street, the Board has
previously approved placing the project on the Petition Paving list. In the past month,
however, a portion of the large drainage culvert at the entrance to the subdivision has
failed. The property owners have $9,000 available to replace the culvert and headwalls.
They are requesting the county's assistance in purchasing the pipe, replacing the
headwalls, and restoring the pavement over the pipe using the county's annual contracts.
The county can purchase the materials at a lesser cost due to our annual contracts for
pipe and headwalls. The Road and Bridge Division will perform the work, and will
include the labor in the road resurfacing work to be scheduled later in the year. The road
work is project number nine in the Petition Paving list.
The three attached recent petitions from the property owners in Westside Racquet Club
Subdivision are for the following:
Petition 11 - Replace Drainage Pipe and Headwalls in Drainage District Canal.
100% (18 property owners) signed petition.
Petition 12 - Resurface/Repair Ad Avenue and Game Street. 92.3% (12 of 13
property owners) signed petition.
The only property owner dissenting is the owner of a corner lot who does not want a
double assessment based on front footage.
Petition #3 - Resurface/Repair Deuce Court. 60% (3 of 5 property owners) signed
petition.
The Westside Racquet Club owner may agree to support the paving project after a firm
cost estimate and assessment roll is prepared. One property owner is against the paving
assessment. It should be noted that the streets are private and there is no Homeowner's
Association with jurisdiction over the streets; therefore, in order for the streets to become
public streets maintained by the county, all property owners would have to deed their
rights to the street. This may not be possible to obtain; however, this will not affect the
work contemplated under Petition #1 which is the only subject for Commission action at
this time.
ALTERNATIVES AND ANALYSIS
The property owners in both subdivisions are anxious for the county to replace the
entrance culverts on an emergency basis since the culverts are deteriorating. They are all
agreeable to being assessed 100% of the costs. In the case of Sundowner's Subdivision,
the public hearing will occur later this year, but the -property owners are willing to front
the direct costs to the county of purchasing the pipe and headwalls. The county would
supply the labor and include this cost in the assessment project later this year.
The residents of Westside Racquet Club are willing to pay the cost of hiring a consultant
to expedite the design and permitting, if necessary so that the entrance culvert can be
replaced under a 100% assessment. The petitions for street resurfacing/repair will be
placed on the regular petition paving list.
FEBRUARY 7, 1995 96
tkooK 94 F,A;;�
BOOK 94 mr- 3 .
RECOMMENDATIONS AND FUNDING
Staff recommends that the emergency culvert replacements be approved and that funding
will be by 100% special assessment. Public Hearings will be scheduled for the Westside
Racquet Club and Sundowners Subdivision unless the property owners are willing to
front the direct costs including purchasing pipe and headwalls. If the funds are available
in advance, the work would be accomplished as soon as possible.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Chairman Macht being absent) approved emergency
culvert replacements and funding at 100% assessment,
with public hearings to be scheduled as set out in
staff's recommendation.
REQUEST FROM ST. JOHNS WATER CONTROL DISTRICT FOR
FILL HAULING
The Board reviewed the following memo dated 1/30/95:
TO: James E. Chandler,
County Administrator January 29. 1995
FROM: James W. Davis, P.E.,
Public Works Director 7VA-�
SUBJECT: Request from St. Johns Water Control District
for Fill Hauling
REF.L : Joel Summer, District Administrator
to Jim Davis dated Nov. 21, 1995
DESCRIPTION AND CONDITIONS
The St.Johns Water Control District is requesting use of six county
trucks for five days hauling of fill to repair District roads.
This request was approved last year with the condition that the
District would donate an equal quantity of fill to the County Road
and Bridge Division as that which the county hauled. The same
conditions as last year would apply.
ALTERNATI`TES AND ANALYSIS
Since county trucks frequently go out of the county to pick up fill
purchased_ from the annual contract vendor, the county staff is of
the opinion that the hauling in exchange for free fill is an even
exchange and is mutually beneficial.
RECONIlffiNDATIONS AND FUNDING
Staff recommends that the request be approved with the same
conditions that applied last year.
FEBRUARY 7, 1995 97
MOTION WAS MADE by Commissioner Tippin, SECONDED by
Commissioner Eggert, to approve the request with the
same conditions that applied last year.
Under discussion, Commissioner Adams questioned the 6 trucks
for 5 days and the equal amount of fill, asking if that would be
additional.
Public Works Director Jim Davis explained that we don't have
to pay for the fill. We are hauling their fill. It is an
equitable compensation for the fill.
Administrator Chandler advised that the intent is our getting
$8400, and Commissioner Eggert wanted it made clear that we would
be getting the same amount of fill and that it is equitable.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
passed unanimously (4-0, Chairman Macht being
absent.)
LEGISLATIVE SUNDOWN REVIEW OF THE FLORIDA INLAND
NAVIGATION DISTRICT
The Board reviewed the following memo dated 1/30/95:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Directo
SUBJECT: Legislative Sundown Review of the Florida Inland Navigation
District
REF. LETTER: Art Wilde, Executive Director, FIND. to Jim Davis dated Jan.
23, 1995
DATE: January 30, 1995 FILE: SUN-FIND.AGN
DESCRIPTION AND CONDITIONS
In 1990, the Florida Legislature directed that the Florida Inland Navigation District, an
independent taxing district, undergo a Legislative Sundown Review in the 1995 Session. The
intent is to determine if FIND's mission, which is to acquire rights-of-way and spoil sites for the
development and maintenance of the Atlantic Intracoastal Waterway (I.C.W.W.), has been
fulfilled and to assign its responsibilities to another agency if it is de -authorized in Indian River
_County. Likely candidates to assume FIND'S responsibilities, if it is de -authorized, would be the
FEBRUARY 7, 1995
98
Boa 94 p,A�;E, 17
Boa 94 3,18
FDEP, SJRWMD, or Indian River County. At this time, the FIND is requesting cities and
counties along the I.C.W.W. to show support for not sunseting the District by contacting the
legislative delegation and House and Senate Natural Resources Committees.
ALTERNATIVES AND ANALYSIS
The FIND initiated and has efficiently implemented the Waterways Assistance Program, Manatee
Sign Program, and other programs which have been beneficial to Indian River County. Recent
projects have included the following:
Round Island Park West -Phase I $ 130,000
Environmental Learning Center 73,926
Round Island Park West - Phase II 57,650
Pelican Island Refuge Environmental 11,500
Since FIND has such a small staff, and local representation, the County has had an excellent
working relationship on project implementation. If FIND is de -authorized and a larger state
agency assumes the responsibilities, staff is concerned that programs will be eliminated or will
become less user-friendly. If the County is given the responsibility, state funds may not
adequately be allocated to the counties, thereby creating an unfunded mandate.
FIND's millage rate in Indian River County was 0.00004900 in Fiscal Year 1994/95.
RECOMMENDATIONS AND FUNDING
Since the FIND is efficiently managed with a small, responsive staff, it is recommended that a
Resolution be prepared and transmitted to the legislative delegation and House and Senate
Natural Resources committees supporting continuance of FIND. No funding is applicable.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Chairman Macht being absent) adopted Resolution
95-24, to the Florida Legislature urging that the
Florida Inland Navigation District not be abolished.
RESOLUTION NO. 95-24
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, TO THE FLORIDA
LEGISLATURE URGING THAT THE FLORIDA INLAND
NAVIGATION DISTRICT NOT BE ABOLISHED.
WHEREAS, in 1990, the Florida Legislature directed that the Florida
Inland Navigation District (FIND) undergo a Legislative Sundown Review in the
1995 Sessions and
WHEREAS, Indian River County has had an excellent relationship working
with FIND on local project implementation and feels the public would suffer a
definite negative impact if FIND were abolished; and
FEBRUARY 7, 1995 99
® s �
WHEREAS, FIND has provided and continues to provide support and programs
which are beneficial to the County; and
WHEREAS, the County has neither the staff nor the funding to takeover
providing these programs on its own;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that:
1. The Board strongly urges the Florida Legislature not to abolish FIND on
October 1, 1995.
2. The Board encourages the Legislature to introduce legislation to
continue FIND indefinitely.
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 Absent
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 7th day of February, 1995.
^ J e K. Bart ,\ Clerk
I.VL ,moi
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
�
Fran B. Adams
Vice Chairman
PROFESSIONAL SERVICES FOR CDBG NEIGHBORHOOD
REVITALIZATION GRANT
The Board reviewed the following memo dated 1/27/95:
FEBRUARY 7, 1995
loo
BOOK 94F'L
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Professional Services for CDBG
Neighborhood Revitalization Grant
DATE: January 27, 1995 FILE: CDBG-WAB.AGN
DESCRIPTION AND CONDITIONS
Requests for proposals were solicited for consultants to write, and if funded, administrate a
FY95/96 Neighborhood Revitalization Grant under the State of Florida Community
Development Block Grant program. The Block Grant application cycle is anticipated in March
of 1995. Two firms responded as follows:
Clark, Roumelis and Associates, Inc., Tallahassee
Fred Fox Enterprises, Inc., Palatka
ALTERNATIVES AND ANALYSIS
A selection committee consisting of Jim Davis, Public Works Director, Terry Pinto, Utilities
Services Director and Bob Keating, Community Development Director reviewed the submittals
from the two firms and ranked them as follows:
1) Clark, Roumelis and Associates, Inc., Tallahassee
2) Fred Fox Enterprises, Inc., Palatka
RECOMMENDATIONS AND FUNDING
Staff recommends approval of the above prioritized short list and requests authorization to begin
contract negotiation with the No. 1 ranked firm, Clark, Roumelis and Associates, Inc.,
Tallahassee, Fl. Once an agreeable contract is prepared, staff will present it to the Board for
approval.
Commissioner Eggert asked how this differs from the
neighborhood grant, and Public Works Director Jim Davis advised
that this concerns road paving and water line installation to two
subdivisions in Wabasso.
Commissioner Adams felt this was a great way to provide water
to that neighborhood.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Chairman Macht being absent) approved the
prioritized short list and authorized negotiations
to begin with Clark, Roumelis and Associates of
Tallahassee and bring it back to the Board.
FEBRUARY 7, 1995 101
WEST REGIONAL WASTEWATER PLANT EXPANSION - ADDENDUM
NO. 1 - MALCOLM PIRNIE
The Board reviewed the following memo dated 1/18/95:
DATES
JANUARY 18, 1995
TOS
JAMES E. CHANDLER
COUNTY ADMINISTRATO
PROMS
TERRANCE G. PINT
DIRECTOR OF UTI I S RVICES
PREPARED
WILLIAMF. cC�A
AND STAFFED
CAPITAL P £"CTS ENGINEER
SYS
DEPARTM UTILITY SERVICES
SUBJECTS
WEST REGIONAL WWTP EXPANSION
ENGINEERING CONTRACT, ADDENDUM
CONTRACT INSPECTION SERVICES
INDIAN RIVER COUNTY PROJECT NO.
NO. 1, AND OUTSIDE
US -93 -04 -DC
On July 27, 1993, the Indian River County Board of County
Commissioners approved a contract with the firm of Malcolm Pirnie
for engineering services associated with the design and construction
of the above -referenced project. (See attached agenda item,
minutes, and contract.) in the original contract, a nine month
construction period was allowed and construction services from the
Engineer coincided with that same time frame. (See section on
additional services.)
An the Board is aware, we had an extreme wall failure in the
existing WWTP in December 1993 and subsequently have included
permanent repairs to this structure in our ongoing contract. As a
direct result .of this additional work and construction time, we
have incurred additional engineering services. Attached you will
find an addendum to the engineering contract in the amount of
$22,500.00, which includes a $3,000.00 amount for the redraw/design
of the operations building we have had to perform to accommodate the
new handicap codes, which no longer allow exemptions for facilities
of this nature as was the case when the original design was
performed. Please see the attached letters from the Engineer dated
January 26, 1995 and December 15, 1994, respectively.
In addition to the increase in engineering services, we also find
that we are in need of additional inspection services. We are
proposing at this time to hire a contract employee at $22.00/hour
with no benefits.
The total expenditure we are requesting is as follows:
I. Additional engineering services with Malcolm Pirnie $22,500.00
2. Contract employee services approximately 20.000.00
Total Project Increase $42,500.00
The additional inspection services are necessitated for two main
reasons. First, the extended contract time (i.e., 3 months) and the
second being the current lack of County inspectors available to
supplement the Engineer Ia part-time inspection services. We were
originally proposing to include additional inspection in Malcolm
Pirnie's addendum; however, the cost per hour for their inspector
(ia., $75.00/hour) far exceeds what a contract employee would be
paid. (See attached fax from Malcolm Pirnie dated January 18,
1995.) Payment for these services will be from the impact fee fund.
The staff of the Department of Utility services recommends that the
Board of County Commissioners approve the above expenditures as
outlined.
FEBRUARY 7, 1995
102
POOKPAc1
boa 94 pAu 322
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Chairman Macht being absent) approved Addendum No. 1
with Malcolm Pirnie in the amount set out in staff's
recommendation.
ADDENDUM NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
WEST REGIONAL WASTEWATER TREATMENT PLANT - CHANGE
ORDER #2 - T. T. KERLIN, INC.
DATE: JANUARY 17, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PI If
DIRECTOR OF UTILITY SERVICES
PREPARED WILLIAM F. McCAIN
AND STAFFED CAPITAL PROJECTS ENGINEER
BY DEPARTMENT O EOUNTY
TY SERVICES
SUBJECT: WEST REGION WATER TREATMENT PLANT
CHANGE - JOHN J. KIRLIN
INDIAN PROJECT NO. US -93 -04 -DC
BACKGROUND
On August 23, 1994, the Indian River County Board of County
Commissioners awarded the above -referenced project to John J.
Kirlin in the amount of $ 5,441,000.00 In December of 1994, the
Board approved Change Order No. 1, in the amount of $70,671.00.
(See attached agenda item and minutes.) Although Change Order No.
1 dealt with site issues, it did not reflect sodding and additional
site work for road improvements, drainage swales, etc. These were
to be included in the site work for the wetland. The wetlands
project is still not underway and these site improvements must be
constructed immediately to accommodate road construction for total
site access.
The County has requested that the area around the stormwater
retention pond (construction approved in Change Order No. 1) be
sodded to prevent erosion during the remainder of construction.
As stated in the agenda item for Change Order No. 1, we originally
wanted to have all landscaping bid separately to local contractors
and we still intend to proceed in that fashion for all trees,
shrubs, etc. However, after careful consideration, the Department
and Engineer feels that the coordination of an outside contractor,
as previously expected, for the sod work would create a liability
issue between John J. Kirlin and the County, should major on site
erosion occur at any point in the contract. Therefore, staff feels
this job should be given to the Contractor to assume all
responsibility.
ANALYSIS
The cost for this work as outlined in detail on the attached Change
Order No. 2 totals $33,429.00. A letter of recommendation from the
Engineer is also attached. The staff of the Department of Utility
Services concurs with the Engineer's recommendation.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve Change Order No. 2 as
presented.
FEBRUARY 7, 1995 103
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Chairman Macht being absent) approved Change Order
No. 2 with J. J. Kirlin, Inc. in the amount of
$33,429, as recommended by staff.
CHANGE ORDER #2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
WATER MAIN REPLACEMENT PROTECT - CHANGE ORDER NO. 1 -
DRIVEWAYS.
The Board
INC.
reviewed the following memo dated 1/30/95:
TO:
JAMES E. CHANDLER
COUNTY ADMINISTRATO
JANUARY 30, 1995
FROM:
=UtANCE G. P
DIRECTOR OF UT ERVICES
PREPARED
TERRY H. DRUM
AND STAFFED
G.I.S. COORDINATOR
BY:
DEPARTMENT OF UTILITY SERVICES'.
SUBJECT:
WATER MAIN REPLACEMENT PROJECT
WHISPERING PALMS, DIXIE GARDENS, CARIBBEAN
SUBDIVISION, 10TH AVENUE, 9TH PLACE, 9TH
STREET, 8TH PLACE AND 7TH AVENUE
INDIAN RIVER COUNTY PROJECT NO. UW -94 -19 -DS
WORK AUTHORIZATION NO. 25
FINAL PAY REQUEST AND CHANGE ORDER NO. 1
BACKGROUND
On September 21, 1993, the Board of County Commissioners approved
the award of the Labor Contract Bid No. 4007 to Driveways, Inc.,
(See attached minutes). On September 20, 1994, the Board of County
Commissioners approved Work Authorization No. 25; Project No. UW -
94 -19 -DS to construct the water line replacement project with
Driveways, Inc., in the amount of $113,611.20. The contractor has
completed the project and submitted his request for final payment.
(See attached agenda item and minutes).
ANALYSIS
All requirements for the Indian River County Department of Utility
Services have been satisfied. The contractor was previously paid
$87,604.83, leaving a balance due of $26,006.37. A change order
reduction (Change Order No. 1) was submitted in the amount of
$3,236.75, leaving a final balance due of $22,769.62. This
deduction in cost is due to utilizing less 2" and 4" P.V.C. piping
along with appurtenances. (See attached change order)
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve Change Order No. 1 and the
final pay request to Driveways, Inc., in the amount of $22,769.62.
FEBRUARY 7, 1995 104
POOK 94 302
Boa 94 PAul 324
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Chairman Macht being absent) approved Change Order
No. 1 and Final Payment to Driveways, Inc. in the
amount of $22,769.62, as recommended by staff.
CHANGE ORDER #1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
NORTH COUNTY R.O. - PHASE H - WELL FIELD MASTER PLAN
AND WELL CONSTRUCTION - MISSEWER INTERNATIONAL INC.
The Board reviewed the following memo dated 1/16/95:
DATE: JANUARY 16, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. ZL
DIRECTOR OF I ' SERVICES
PREPARED WILLIAM F. MZfi IN
AND STAFFED CAPITAL PROJEC E EER
BY: DEPARTMENT ITY SERVICES
SUBJECT: NORTH COUNTY R.O. PHASE II - NORTH COUNTY WELL FIELD
MASTER PLAN AND WELL CONSTRUCTION
INDIAN RIVER COUNTY PROJECT NO. UW -94 -03 -WC
In May of 1994 the Indian River County Board of County Commissioners
approved the design of Phase II of the North County R.O. Plant
(i.e., the actual water processing facility). At that same time
(see attached agenda item and minutes), we stated what additional
design would be needed and were approved for these additional work
items, one of which was for the plant well field. We have completed
the RFP consultant selection process for this work and would like to
proceed. The No. 1 ranked firm for this project was Missimer
International, Inc., and we have completed negotiations on a
proposed contract with them.
ANALYSIS
The requested scope of services is outlined on the attached RFP and
in the proposed contract. Our water plant consultant was charged
with the initial consumptive use permit application to St. Johns
River Water Management District. The District has responded to this
application, and our contract with Missimer directly reflects this
response. The work over and above this response and that associated
wells design/construction is for the well field Master plan layout.
Please see the attached work authorization with Missimer
International, Inc. Total project cost breakdown can be found in
the budget section of the work authorization in -detail. The general
costs are as follows:
FEBRUARY 7, 1995 105
Task 1 C.U.P. $13,976.00
Task 2 Hydrogeologic testing associated with the 9,516.00
C.U.P.
Task 3 Master Plan design/modeling (A) & (C) 19,762.00
* (B) solute transport model 9,962...00
Task 4 Well design/specifications 91692.00
Task 5 Bidding/contract selection 2,840.00
Task 6 Well construction, testing, and technical 49,248.00
report
Subtotal $114,996.00
* Contingency for Task 1, 2, or 6 as required 7.500.00
by St. Johns, etc. For detail please see
pages 4 and 5, Part II of the proposed con-
tract (additional services)
Total $122,496.00
* These items require prior authorization by the Utilities
Department.
The Utilities Department feels that the above negotiated costs are
fair and reasonable given the record of past projects of this type
and magnitude; i.e., South County R.O. well field 92-93 and North
Beach well field projects. Funding for this work will be from the
impact fee funds.
RECOMMENDATION
The staff.of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached agreement and
Work Authorization No. 1 with Missimer International, Inc., as
presented.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Chairman Macht being absent) approved Work
Authorization No. 1 with Missimer International,
Inc., as recommended by staff.
WORK AUTH. NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
FEBRUARY 7, 1995
106
bong 4 PuA25
BOOK 94 pa��:32
SYSIF R EFFLUENT DISPOSAL TREATI MNT
The Board reviewed the following memo dated 1/9/95:
DATE: January 9, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Admi istrator
H.T. "Sonny" Dean, Director
General Services
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid 15034/WWTP Site Wetlands
Utilities Department
BACKGROUND INFORMATION•
Bid Opening Date:
Advertising Dates:
Specifications Mailed to:
Replies:
December 21, 1994
Nov 23, 30, Dec 14, 1994
Twenty Two (22) Vendors
Four (4) Vendors
VENDO BID TOTAL
Coastal Construction of Brevard $1,663,385.00
Melbourne, FL
Prince Contracting $1,727,863.00
Palmetto, FL
Hewitt Construction Company $2,118,000.00
Leesburg, FL
Ranger Construction $2,221,915.00
West Palm Beach, FL
TOTAL AMOUNT OF BID $1,663,385.00
SOURCE OF FUNDS Utilities Impact Fees -
474-000-169-188.00
ESTIMATED BUDGET
$1,823,628.18
Staff recommends that the bid be awarded to Coastal
Construction of Brevard Inc as the lowest, most
responsive and responsible bidder meeting specifications
as set forth in the Invitation to Bid.
In addition, staff requests Board approval of the attached
Agreement as to form, when all requirements are met and
approved by the County Attorney.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Bird, to award Bid #5034 to Coastal
Construction of Brevard, Inc., and approve Agreement
when all requirements are met and approved by the
County Attorney.
FEBRUARY 7, 1995 107
0
Under discussion, Commissioner Adams asked that in the future
these items not be placed on the Consent Agenda. She felt Terry
Pinto and staff should be commended because this project is going
to be a great attribute to this county.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
carried unanimously (4-0, Chairman Macht being absent.)
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
EXTENSION OF WATER LINE ALONG SEBASTIAN WATERFRONT
Sebastian Mayor Arthur Firtion advised that he had called an
emergency meeting of City Council and they will be addressing this
matter tomorrow night. He reported that he was successful in
negotiating a better price in order to reduce the cost of the
assessments to the lots involved.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Chairman Macht being absent) approved Change Order
#3 with Speegle Construction in the amount of
$577,120 for the extension of water transmission
along Sebastian's waterfront, conditioned on the
results of the Sebastian City Council meeting.
CHANGE ORDER #3 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
MEETING REPORT - WATER MANAGEMENT REVIEW COMMISSION
The Board reviewed the following memo dated 1/23/95:
TO: Chairman, Board of County Commissioners �=
FROM: Terrence P. O'Brien, Asst. County Atty�
DATE: January 23, 1995
RE: Meeting Report -Water Management Review Commission
I attended the Water Management Review Commission meeting of January
19 and .20, 1995 in Jacksonville, Florida. At the public hearing held on the
evening of January 19, 1995, I presented the paper attached as Exhibit A.
FEBRUARY 7, 1995 108
This expressed two areas of concern (1) the ever increasing millage being
imposed by St. John's River Water Management District and (2) the lack of
accountability and responsibility of the District Boards which are appointed
by the Governor as opposed to elected officials. I added orally at the
presentation concern about St. John's River Water Management District
request to the Commission to raise the statutory millage cap if SWIM funds
are not forthcoming from the Legislature. This information only became
available at the afternoon session of the Commission on January 19, 1995.
The Water Management Review Commission was created by Chapter
94-270 of the laws of Florida. A copy of this chapter is attached as Exhibit
B. The duties and responsibilities of the Commission are to hold at least 5
public hearings throughout the state, one in each district. The Jacksonville
meeting was primarily for the St. John's River Water Management District;
however, the 5 districts did present a consolidated legislative wish list which
is attached as Exhibit C. Chairman Lewis raised questions similar to the
county concerning lack of accountability by appointed Boards. The Districts
budgets are reviewed by a number of agencies but they have no power to
alter the budget, only the Legislature can do this and according to Chairman
Lewis they seldom if ever alter the submitted budgets. St. John's River
Water Management District wants the millage CAP raised so it can still fund
SWIM if the Legislature doesn't. Chairman Lewis indicated that the District
shouldn't pick up the SWIM program. Federal and State do this too
often --set up a program anti gradually withdraw from it leaving the locals to
pick up the tab.
The Commission is comprised of 21 members. Senator Patsy Kurth is a
member. A complete membership list is attached as Exhibit D. The
Commission is required to present its findings by December 1, 1995, and
then it is dissolved.
Commission members
advised
me that if the Board of County Commis-
sioners wants to pursue
these concerns it
should adopt a resolution with
concrete legislative proposals and
physically
present these proposals at one
of the future meeting as follows:
Hollywood
(Feb 16-17), Tallahassee- (March
16-17) , Live Oak (April
20-21) ,
Clewiston
(May 18-19),, Pensacola (June
15-16) and Sarasota (July
27-28).
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Chairman Macht being absent) authorized the County
Attorney to prepare a resolution and bring it back
to the Board for adoption before presenting it to
the full Water Management Review Commission in
Hollywood, Florida, on February 16-17.
Commissioner Adams asked if the Board was amenable to her
going to Hollywood and presenting the resolution which would give
her the opportunity to talk out some technical and protectoral
problems and advise them of why we are interested in having a
commission that will listen to us.
The Board indicated their approval.
FEBRUARY 7, 1995 109
i r r
EMERGENCY SERVICES DISTRICT
Vice Chairman Adams announced that immediately following
adjournment, the Board would reconvene as the Board of
Commissioners of the Emergency Services District. Those Minutes
are being prepared separately.
DOCUMENTS TO BE MADE PART OF THE RECORD
PROCLAMATION - LEAGUE OF WOMEN VOTERS DAY
P R O C L A M A T I O N
DESIGNATING FEBRUARY 14, 1995
AS °LEAGUE OF WOMEN VOTERS DAY" IN
INDIAN RIVER COUNTY, FLORIDA
WHEREAS, February 14, 1995 marks the 75th Anniversary of the
founding of the League of Women Voters of the United States; and
WHEREAS, the League of Women Voters, which was founded in
1920 to help 20 million women voters carry out their new
responsibilities, has worked for 75 years to be a voice for
citizens and a force for change; and
WHEREAS, the League of Women Voters has provided nonpartisan
information on candidates and issues for elections, encouraged
voter registration and informed voting, helped generations of
voters understand the structure and function of government;
provided nonpartisan, balanced information on public policy
issues to citizens, and worked to achieve government policies
that promote public interest; and
WHEREAS, the League of Women Voters of Indian River County
was established in 1994 to this same end:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that February 14,
1995 be designated as
LEAGUE OF WOMEN VOTERS DAY
in Indian River County, and the Board further recognizes the
contributions made by the League of Women Voters.
Adopted this 7 February, 1995.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Kenneth R. cht, Chairman
FEBRUARY 7, 1995 110
box 4 PAS E329
BOOK 9 �' ;0: 330
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 12:45 p.m.
ATTEST:
c:
K. Barton, Clerk
Minutes Approved:
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IL
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FEBRUARY 7, 1995
a,`2-9fD
111
Fran B. Adams, Vice Chairman