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HomeMy WebLinkAbout4/4/1995= MINUTES,miiTTACHED �= BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, APRIL 4, 1995 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Kenneth R. Macht, Chairman ( Dist. 3 ) Fran B. Adams, Vice Chairman (Dist. 1) Richard N. Bird (Dist. 5) Carolyn K. Eggert ( Dist. 2 ) John W. Tippin ( Dist. 4) 9:00 A. M. 1. CALL TO ORDER James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 2. INVOCATION - Rev. Joe Brooks Twentieth Ave. Church of God 3. PLEDGE OF ALLEGIANCE - Comm. Carolyn K. Eggert 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS 1. Item 7-I, add Proclamation for National Blue Ribbon week. 2. Item 7-J, add FRMA seminar approval. 3. Item 13-D-1, add discussion of utility policies, Comp Plan, economic development and affordable housing. 4. Item 13-D-2, add discussion regarding Public Health Department, District 15. 5. Item 13-A-3, add discussion regarding Indian River Garden Club Flower Show. 6. Item 9-B, defer. S. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES A. Regular Meeting of February 28, 1995 B. Regular Meeting of March 7, 1995 7. CONSENT AGENDA A. Received 8 Placed on File in Office of Clerk - - to the Board: Fla. Inland Navigation District - 1995 Public Facilities Report B. Proclamation Designating April, 1995 as Fair Housing Month in Indian River County C. Consideration of a Request for Proposals (RFP) for Purchase of a Fiscal Impact Model and Authorization for Staff to Initiate the Process of Selecting a Consultant ( memorandum dated March 27, 1995 ) D. Release of Easement ( memorandum dated March 27, 1995 ) k oy4_ 748e 7. CONSENT AGENDA (cont'd. ): E. Request for Approval and Signature on Section 8 Contributions Contract FL -132 and Forms ( memorandum dated March 27, 1995 ) F. CLSI/GEAC Automation Contract ( memorandum dated March 24, 1995 )• G, Award Bid #5043/Riding Lawn Mower (memorandum dated March 28, 1995) H. Traffic Control Device Ledger ( memorandum dated March 27, 1995 ) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - I.R. FARMS WATER CONTROL DISTRICT Request by Michael O'Haire to Address the Commission Re: Indian River Farms Water Control District's Permit and Interlocal Agreements with I R C ( letter dated March 23, 1995 ) 9:05 a.m. 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. New Hope Ministries, Inc.'s Request for Special Exception Use Approval for a Place of Worship and Private School ( memorandum dated March 22, 1995 ) 2. Indian Partnership Request to Rezone Approximately 13.3 Acres from A-1 to RM -8 ( memorandum dated March 17, 1995 ) B. PUBLIC DISCUSSION ITEMS Request by Frank Zorc to Address Commission Regarding Erosion Control District ( letter dated March 28, 1995 ) 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY SERVICES None - - C. GENERAL SERVICES 1._ Administration Building Space Needs ( memorandum dated March 2, 1995 ) ( postponed from meeting of 3/28/95) 2. Award Bid #5046/South Regional Effluent Reuse Pumping Station ( memorandum dated March 23, 1995 ) 3. Award Bid #5047/South Regional Effluent Reuse Transmission Main ( memorandum dated March 16, 1995 ) 4. Award Bid #5035/82nd Ave. Water Main ( memorandum dated March 22, 1995 ) 11. DEPARTMENTAL MATTERS (cont'd. ): D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET 1995/96 Budget Workshop/ Hearing Schedule ( memorandum dated March 29, 1995 ) F. None G. PUBLIC WORKS 1. District 2 Traffic Impact Fee Allocation to City of Vero Beach for AIA Improvements - Budget Amendment 015 ( memorandum dated March 24, 1995 ) 2. Agreement for Construction of Golf Course Tunnels Beneath Highland Drive and 6th Ave. Requested by Indian River Country Club ( memorandum dated March 29, 1995 ) H. UTILITIES 1. Petition for Sewer Service / 129th Street (A Portion of I.R. Acres S/ D) Between Old Dixie and Riverside Drive ( memorandum dated March 24, 1995 ) 2. Developer's Agreement withSoutheast Interstate Services, Inc. for Water Line Construction ( memorandum dated March 23, 1995 ) 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. CHAIRMAN KENNETH R. MRCHT 1. Request for Joint Meeting Re: Prevention of Teenage Pregnancy 2. A Resolution of the Board of County Commissioners of Indian River County, Florida, to the Florida Legislature in Support of the State Funding Criminal Justice Costs B. VICE CHAIRMAN FRAN B. ADAMS - - C. COMMISSIONER RICHARD N. BIRD r- 060k Ll - 7 4S C 13. COMMISSIONERS ITEMS (cont'd. ): D. COMMISSIONER CAROLYN K. EGGERT E. COMMISSIONER JOHN W. TIPPIN 14. SPECIAL DISTRICTS A. EMERGENCY SERVICES DISTRICT None B. SOLID WASTE DISPOSAL DISTRICT 1. Approval of Minutes - Meeting of 2/21/95 2. Approval of Minutes - Meeting of 2/28/95 3. Approval of Minutes - Meeting of 3/7/95 4. Office 8 Maintenance Building, C.O. #1 ( memorandum dated March 27, 1995 ) 5. Award Bid #5050/Electro Magnet Separator ( memorandum dated March 28, 1995 ) 6. Award Bid #5048/Trommel Screen ( memorandum dated March 28, 1995 ) 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. April 4, 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, April 4, 1995, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Fran B. Adams, Vice Chairman; Richard N. Bird; Carolyn K. Eggert; and John W. Tippin. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and P. J. Jones, Deputy Clerk. Chairman Macht called the meeting to order. Reverend Joe Brooks of Twentieth Avenue Church of God gave the invocation, and Commissioner Eggert led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Commissioner Eggert, requested four additions to today's Agenda: 1. Item 7-I, Proclamation for National Blue Ribbon Week. 2. Item 7-J, FRMA seminar approval. 3. Item 13-D-1, discussion of utility policies, Comp Plan, economic development and affordable housing. 4. Item 13-D-2, discussion regarding Public Health Department, District 15. Chairman Macht requested the following changes: 1. Item 13-A-3, discussion regarding Indian River Garden Club Flower Show. 2. Item 9-B, defer. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously made the above changes to the Agenda. Boa 94 ir. L APRIL 49 1995 1 BOOK 94 FAa�. I 0 APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of February 28, 1995. There were none. ON -MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the Minutes of the Regular Meeting of February 28, 1995, as written. The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of March 7, 1995. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the Minutes of the Regular Meeting of March 7, 1995, as written. CONSENT AGENDA Commissioner Adams requested that Items 7-C, 7-F and 7-G be pulled for discussion. A. Reports Received and placed on file in the office of the Clerk to the Board: 1. Florida Inland Navigation District 1995 Public Facilities Report. B. Proclamation/Fair Housing Month/April, 1995 The Board reviewed the following Proclamation: APRIL 49 1995 2 PROCLAMATION WHEREAS, it in the goal of the REALTORS Association of Indian River County tt .romote the theme for the month of April, 1995 as 'Fair Housing Opens Doors"; and WHEREAS, the year-long campaign is. a public awareness campaign aimed- at the citizens of Indian River County; and WHEREAS, the campaign will educate individuals and families, who currently rent or want to trade -up, about the value of home ownership; and WHEREAS, the campaign will inform the public about financing opportunities and homes available within their price range; and WHEREAS, the goal of the theme "Fair Housing Opens Doors" is to welcome buyers to the market and show them that buying a home is one of the most'important invest- ments Americans make; and WHEREAS, real estate activity in the United States con- tributes enormously to our economic and social well- being; and WHEREAS, home ownership is the foundation of this country's prosperity, and it allows citizens to put down roots and -develop a commitment to community development: NOW, THEREFORE, BE IT PROCLAIMED by the Board of County Commissioners of Indian River County, Florida that the month of April, 1995 be designated as FAIR HOUSING MONTH iri Indian River County, and the Board urges all citizens of this county to take advantage of the currnt market conditions and say "Fair Housing Open:eDoors in Indian River County." Adoptedt a day of April, 1995. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA — - 0ex )'.7 gwAZ�1_ enneth R. Mac t, Chairman ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved April, 1995 as Fair Housing Month. C. Fiscal Impact Planning Model - Request for Proposals/Selecting a Consultant The Board reviewed a Memorandum of March 27, 1995: BOOK 751 APRIL 4, 1995 3 TO: James E. Chandler County Administrator D ON HEAD CONC NCE: obert M. Re n AtDector Community DevelopTent FROM: Sasan Rohani, AICP 45;2'•fi , Chief, Long -Range Planning DATE: March 27, 1995 - RE: CONSIDERATION OF A REQUEST FOR PROPOSALS (RFP) FOR PURCHASE OF A FISCAL IMPACT MODEL AND AUTHORIZATION FOR STAFF TO INITIATE THE PROCESS OF SELECTING A CONSULTANT It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of April 4, 1995. DESCRIPTION AND CONDITIONS One of the work products required by the county's current contract with the Economic Development Administration is the acquisition of a fiscal impact model. The function of the fiscal impact model will be to assess new development and alternative planning scenarios and to project revenues, costs, and net balances. Through the RFP process, the county will be seeking the services of a consultant to provide a marginal cost fiscal impact computer model and training services. To select and hire a consultant to provide a fiscal impact model, the county must develop a request for proposals and then solicit proposals from consulting firms. On March 28, 1995, the Economic Development Council approved the attached draft request for proposals and recommended that the Board of County Commissioners approve the RFP and authorize staff to initiate the process of selecting a consultant. ANALYSIS A copy of the draft RFP for acquisition of a fiscal impact model is attached to this agenda item. The most important part of the draft RFP is the scope of services section. That section details the characteristics of'the requested fiscal impact model. In preparing the draft RFP's scope of services, county planning staff coordinated with county budget and finance staff as well as other local staff persons. Based on this input, the draft scope of services has been modified. To ensure that the proposed RFP and scope of services is acceptable to EDA, a copy was sent to EDA staff. EDA staff has approved the draft RFP and has granted the county permission to enter into a contract for the acquisition of a fiscal impact model. As proposed, the fiscal impact model will benefit the county's economic development program. Not only can the model assist planning staff in assessing the projected costs and revenues from proposed development projects, but the model can assist the county in its capital improvements programming. The fiscal impact model_ may also serve as a basis for structuring a reasonable, cost effective incentive program for the county. APRIL 49 1995 4 i To proceed with the RFP process, staff needs authorization from the Board of County Commissioners.. Even though the fiscal impact model project was incorporated in the EDA grant program, the Board still must authorize staff to proceed with the RFP process. _ ALTERNATIVES With respect to the attached request for proposals for acquisition of a fiscal impact model, the Board of County Commisssioners has three alternatives. These are: • To approve the RFP as proposed; • To approve the RFP with changes; • To reject the RFP. Either of the first two alternatives will ensure that the county will fulfill its obligation as part of the contract with the Economic Development Administration. The thikd alternative will jeopardize the county's contract with the Economic Development Administration. Staff supports the first alternative. RECOMMENDATION Staff and the Economic Development Council recommend that the Board of County Commissioners approve the attached draft Request For Proposals and authorize staff to initiate the process of selecting a consultant to develop a fiscal impact model or customize an existing model for the county. MOTION WAS MADE ®by Commissioner Adams, SECONDED by Commissioner Bird, that the Board approve the draft Request for Proposals and authorize staff to initiate the process of selecting a consultant to develop a fiscal impact model or customize an existing model for the County, as recommended by staff. Under discussion, Commissioner Adams asked for an explanation of anticipated costs of consultants and how this would assist the County. Director Keating explained that this is part of the EDA grant, from which the County has received $75,000 per year with a $25,000 match by the County. The total program cost is $200,000. There were a number of activities such as: an economic development strategy plan, an economic base study, and provision of funds to the Council of 100 and the Chamber of Commerce. The fiscal impact model is another part of the EDA grant program. $40,000 has been budgeted for the activity which includes a consultant providing either a pre -built model or building a model, and consistent monitoring and training of staff to calibrate the model to make it BOOK 94 r-nL _153 "RM 49 1995 5 BOOK 94 F -At, 754 representative of the local area. In-house staff and representatives of the City of Vero Beach have gone over the RFP and have provided* assistance. The anticipated benefits are critical looks at proposed projects, land -use scenarios, estimated revenues and costs over a period of time. This would also be a good tool to use in evaluating economic development incentives. This proposal has been presented to the Economic Development Council, who unanimously approved and recommended the proposal to the Board. Commissioner Adams felt it is a very exciting plan and offers incredible potential and benefits to the County. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. D. Release of Easement/Mehlman The Board reviewed a Memorandum of March 27, 1995: TO: Board,of County Commissioners FROM: Terrence P. O'Brien, Assistant County Attorneyfo DATE: March 27, 1995 - SUBJECT : Release of Easement The County has received a request for release of easement from Paul and Karen Mehlman (copy attached), The County has never had any interest in the easement sought to be released (see attached memorandum from Charles A. Cramer) . The structure on the Mehlman property encroaches into the easement and, apparently, the title company will not insure title unless the County releases whatever interest it may have in the easement -which is none. Staff recommends that the Board of County Commissioners authorize the Chairman to execute the attached quit claim deed. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved and authorized the Chairman to execute the Release of Easement and, Quit Claim Deed,, as recommended by staff. RELEASE AND DEED ARE ON FILE IN THE OFFICE OF -THE CLERK TO THE BOARD APRIL 49 1995 6 E. -Section 8 Contributions Contract FL -132 and Forms/IRC Housing v Agency The Board reviewed a Memorandum of March 27, 1995: TO: 7be Hm=ahle Manbe= of the DATE: 3/27/95 FILE: Board of County Commssioners 71H OUCH: Mimes E. Q=XUAW Canty AdWni trator FROM: Gamble Executive : `- SUBJECT: axpmt for approval and Signature on Section 8 Arnmal Contributions Contract FL -132 and farms. REFERENCES: It is re x 0 mended that the data presented be, given fonml consideration by the County Comw ssion. The D%mrtm nt of Housing and Urban Developiment has forwarded an wiginal and four (4) copies of the Consolidated Ammal Contributions i ons Contract ( ACC ) which has been amended to include both the Certificate and Vaucher pxogr-�. The documentation required by HW for .their final approval and execution of the c13ntracts is submitted for consideration and approval of the Board of County ['rani_—moi oneL'3. (1) Original and fair (4) copies of ACC FL -132 including di ng Eelibits A and B. Original signatures are required an all copies of the Contract and no change in its fa at is permitted. (2) Fbnn HUD -50671, Certification for Contracts, Grants, Ioans and Cooperative Agreellrts . (3) Standard Fbnn (SF) -LLL, Disclosure of Iobbying Activities. _ We respectfully request the County cmmission to authorize its Charman to execute these Contracts and fonts fon- tranam ttal to the :lacksanville Office of HID. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved and authorized the Chairman to execute the Certification for Contracts, Grants, Loans & Cooperative Agreement, Disclosure of Lobbying Activities, as recommended by staff. AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD BOOK 94 PAUL 755 APRIL, 41 1995 7 L - -A Boa 94 uu 756 F. CLSI/GEAC Automation Contract/Library Services The Board reviewed a Memorandum of March 24, 1995: TO: BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER; COUNTY ADMINISTRATOR THRU: H.T. "SONNY" DEAN, DIRECTOR, DEPARTMENT O� GENERAL SERVICES SUBJECT: CLSI/GEAC AUTOMATION CONTRACT DATE: 3-24-95�(� FROM:' MARY D. POWELL, LIBRARY SERVICES DIRECTO kv BACKGROUND: The Board of County Commissioners approved the library system automation upgrade. Attached are four copies of the additions to the original contract of November 21, 1989. This is a "sole source" purchase. ANALYSIS: The Chairman of the Board of County Commissioners' signature is required on all four contracts to expedite the shipment and installation of the equipment. RECOMMENDATIONS: Staff respectfully requests that the Board authorize its Chairman to sign the contracts and return to the Library Services Director for appropriate distribution. Commissioner Adams wanted to verify that all of the equipment is going to the central site and the "remote" site, which she wanted to verify is computer language for the North County site. Director Dean advised that the monies are $200,000 for the main frame, the system with the inventory and catalogue, which will be on-line constantly with the North County site. The remote site language simply refers to a site away from the main frame. The PCs are being bid and the bid will be brought back to the Board on the actual equipment for the North County site. Commissioner Adams also questioned whether the training will be for the central location only, and Director Dean responded that there will be some from each location, as well as 2 people who will work between both the North and South County sites. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously approved and authorized the Chairman to execute the Amendment to the Agreement for the Sale of Data Processing and the License of Software and GEAC Maintenance Agreement, as recommended by staff. AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD APRIL 49 1995 8 G. Bid #5043/Riding Lawn Mower/ hilities Department The Board reviewed a Memorandum of March 28, 1995: DATE: March 28, 1995 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director RB Department of General Servi s ff FROM: Fran Boynton Powell, Purchasing Manage SUBJ: Award Bid #5043/Riding Lawn Mower Utilities Department BACKGROUND INFORMATION: Bid Opening Date: February 1, 1995 Advertising Dates: January 18, 25, 1995 Specifications Mailed to: Nineteen (19) Vendors Replies: Seven (7) Statement of "No Bid" Six (6) BID TABULATION Pippin Tractor Ft. Pierce, F1 Robinson Equipment Mims, F1 Live Oak Lawn Supply Sarasota, Fl Vero Lawn Mower Vero Beach, F1 KT Mower & Equipment Ft. Pierce, Fl Commerce Mower Center Vero Beach, F1 TOTAL AMOUNT OF BID UNIT PRICE ALTERNATE BID $4,975.00 $4,990.00 $5,439.20 $6,374.93 $7,345.00 $8,094.00 $4,975.00 $6,224.93 SOURCE OF FUNDS Utilities Other Machinery & Equipment ESTIMATED BUDGET RECOMMENDATION $7,000.00 Staff recommends that the bid be awarded to Pippin Tractor as the lowest most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. - Commissioner Adams questioned whether the County is already. using Gravely riding lawn mowers or if this is a different type, and Director Dean replied that this one will beused in Hobart Park and was the low bid on the bid list. APRIL 49 1995 9 BOOK 9 4 PttiGE 7z")-8 Commissioner Adams inquired again if the Gravely was one we are already using, and Director Dean responded in the affirmative. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously awarded Bid #5043 to Pippin Tractor in the amount of $4,975, as recommended by staff. BID #5043 WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED H. Traffic Control Device Ledger The Board reviewed a Memorandum of March 27, 1995: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Christopher R. Mora, P.E. County Traffic Engineer GYV-- SU13JECT: Traffic Control Device Ledger DATE: March 27, 1995 DESCRIPTION AND CONDITIONS The Public Works Director is to provide a Traffic Control Device Ledger update for ratification by the Board of Commissions as specified by Section 312.18 of Indian River County Code. RECOMMENDATIONS & FUNDING It is recommended that this ledger update be approved. There is no funding impact generated by this action. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 95-53 approving traffic control devices authorized by the Director of Public Works, pursuant to recommendations by staff. APRIL 49 1995 10 _ RESOLUTION NO. 95-53 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING TRAFFIC CONTROL DEVICES AUTHORIZED BY THE DIRECTOR OF PUBLIC WORKS. WHEREAS, the Board of County Commissioners has directed the director of public works to maintain a ledger reflecting the traffic control devices in the unincorporated area ( Section 312.18, Indian River County Code); and WHEREAS, the code requires this ledger to be presented to the Board of County,Commissioners for approval; and WHEREAS, the ledger has been presented and is attached as Exhibit "A" to this Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: The Board of County Commissioners hereby accepts and approves the traffic control device ledger which is Exhibit "A" to this resolution. The resolution was moved to adoption by Commissioner Eggert and the motion was seconded by Commissioner Bird , and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice Chairman Fran Adams Aye Commissioner. Richard Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 4 day of April , 1995. Attest: J frey K. Ba on, Clerk APRIL 49 1995 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 4nBeth R. Macht Chairman 11 Boa 759 GOOK 9 Fa . I�q FFd RESOLUTION 95-53 Exhibit a A" INDIAN RIVER COUNTY PUBLIC'WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICE LEDGER -MARCH 1995 APRIL 49 1995 12 TRAFFIC SIGNALS MAINTAINED BY INDIAN RIVER COUNTY LOCATION # LOCATION I HIGHLANDS / US 43 SR 60 20 ST / 14 AVE 2 OSLO / US 1 44 19 PL / 20 AVE 3 OSLO / OLD DIXIE 45 SR 60 / 20 AVE 4 OSLO / 20 AVE 46 SR 60 / 43 AVE 5 OSLO/27 AVE 47 SR 60/58 AVE 6 4 ST / USI 48 SR60 / 82 AVE 7 4 ST / OLD DIXIE 49 SR 60 / 90 AVE 8 4 ST / 27 AVE 501 21 ST / IR BLVD 9 8ST/USI 51 21ST/14 AVE 10 8 ST / OLD DIXIE 52 23 ST / USI 11 8ST/6AVE 53 23 ST/14 AVE 12 8ST/20 AVE 54 26 ST/USI 13 8 ST / 27 AVE 55 26 ST / ST LUCIE 14 8ST/43 AVE 56 26 ST/43 AVE 15 12 ST / IR BLVD 57 37 ST / USI 16 12 ST / USI 581 37 ST / IR BLVD 17 12 ST / COMMERCE 59 37 ST / 10 CT 18 12 ST / OLD DIXIE 60 41 ST / 43 AVE 19 12 ST/6AVE 61 45 ST/USI 20 12 ST / 20 AVE 621 45 ST / 43 AVE 21 12 ST 27 AVE 63 510 USI 22 12 ST 43 AVE 64 510/512 23 15 PL/USI 65 512/USI 24 16 ST / OLD DIXIE 661 512 / BARBER 25 16 ST / 14 AVE 67 512 / FLEMING ST 26 16 ST / 17 AVE 68 OLD DIXIE / USI 27 16 ST / 20 AVE 69 ROSELAND / USI 28 16 ST / 27 AVE 701 ROYAL PALM BLVD / IR BLVD 29 16 ST / 43 AVE 711 SEBASTIAN HIGH SCHOOL 30 17 ST / IR BLVD 72 USI / 11 AVE 31 17 ST / USI 73 MAIN / USI, SEBASTIAN 32 17 ST'/ 6 AVE 74 SCHUMANN / USI, SEBASTIAN 33 ITST / 10 AVE 75 JACKSON -ST / US 1, SEBASTIAN 34 IR BLVD / BRIDGE 75 SUB -TOTAL 35 36 37 38 39 40 41 42 SR 60 WB 20PL / COMMERCE' SR 60 EB 20 ST / COMMERCE SR 60 EB 20 ST / USI SR60 / IR BLVD SR 6020 ST/6AVE SR60 WB 20PL / USI SR 60 20 PL / 11 AVE SR60 19 PL / 14 AV APRIL 49 1995 12 RESOLUTION 95-53 Exhibit " AN INDIAN RIVER COUNTY • PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICE LEDGER -MARCH 1995 TRAFFIC SIGNALS UNDER DESIGN OR CONSTRUCTION :::LOCATION TYPE 1 510 AIA 2 512 / ROSELAND 3 53ST / USI 4 CR51G / 66 AVE 5 CR512 / DELAWARE 6 CR512 / EASY ST 6 SUB -TOTAL 81 ITOTAL OF ALL SIGNALS FLASHING BEACONS MAINTAINED BY INDIAN RIVER COUNTY LOCATION TYPE 1 HIGHLANDS/ OLD DIXIE 4 WAY RED BEACON 2 HIGHLAND / 6 AVE SW STANDARD BEACON 3 OSLO / 43 AVE 4 WAY RED BEACON 4 OSLO / 58 AVE STANDARD BEACON 5 OSLO / 74 AVE STANDARD BEACON 6 OSLO / 82 AVE STANDARD BEACON 7 41 ST / 58 AVE STANDARD BEACON 8 41 ST / 66 AVE STANDARD BEACON 9 45 ST / OLD DIXIE STANDARD BEACON 10 45 ST / 58 AVE STANDARD BEACON 11 87 ST / USI STANDARD BEACON 12 510 / OLD DIXIE STANDARD BEACON 13 510 / 58•AVE I WAY RED BEACON 14 510 164 AVE STANDARD BEACON 15 510 / CURVE WARNING BEACON 16 512/507 STANDARD BEACON 17 512 / CYPRESS STANDARD BEACON ST. EDWARDS / AIA STANDARD BEACON 118 19 MIRACLE MILE/USI CURVE WARNING BEACON 2D S CAROLINA /'CR507 1 WAY RED 94 mu 76 APRIL 49 1995 13 BOOK 94 PAGE 762 RESOLUTION 95-53 Exhibit s An INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICE LEDGER -MARCH 1995 SCHOOL BEACONS MAINTAINED BY INDIAN RIVER COUNTY :> LOCATION 21 CITRUS / 4ST 22 CITRUS / 27A V 23 MIDDLE 7 24 SEBASTIAN MIDDLE 25 DODGER TOWN 26 SEBASTIAN 271 ROSEWOOD 28 OSCEOLA 29 VERO BEACH 30 FELISMERE 31 THOMPSON 321 GLENDALE 33 HIGHLANDS 33 SUB -TOTAL 114 GRAND TOTAL OF ALL ELECTRIC DEVICES APRM 49 1995 14 s � RESOLUTION 95-53 Exhibit 'An INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICE LEDGER—SPEED LIMIT ZONES MARCH 1995 BOOK 9 4 ; PA,, L 7 63 APRIL 49 1995 15 SPEED ROADWAY FROM To LIMIT OSLO INDIAN RIVER us I 35 OSLO us I 58TH AVE.1 . . . . . . . 45 OSLO 59TH AVE 82ND AVE 55 OSLO 82ND AVE WEST 35 STH ST SW 43 AVE 27TH AVE 30 IST ST SW 43 AVE 27TH AVE 35 2 ST 20TH AVE OLD DIXIE 30 4TH ST us. I 43RD AVE 35 4TH ST 43RD AVE 58TH AVE 45 4TH ST 58TH AVE 74TH AVE 35 STH ST IR BLVD OLD DIXIE 30 8TH ST OLD DIXIE 27TH AVE 40 8TH ST 27TH AVE 90TH AVE 45 12TH ST IR BLVD 6TH AVE 30 12TH ST 6TH AVE usl 30 12TH ST usl OLD DIXIE' 30 12TH ST OLD DIXIE 20TH AVE 35 12TH ST 20TH AVE 43RD AVE 35 12TH ST 43RD AVE 59TH AVE 40 12TH ST 59TH AVE 66TH AVE 35 IffH ST IR BLVD usl 45 16TH ST us] 20TH AVE 30 16TH ST 20TH AVE .. 5 8TH AVE 30 26TH ST 43RD AVE 59TH AVE 35 26TH ST 58TH AVE 66TH AVE: ............ 30 33RD ST 58TH AVE 66TH AVE 40 41ST ST usl 66TH AVE 35 45TH ST usl 43RD AVE 35 45TH ST 43RD AVE ...66TH AVE 45 49TH ST usl 33RD AVE 30 49TH ST 33RD AVE 58TH AVE 45 65TH ST usl OLD DIXIE 40 65TH ST OLD DIXIE 66TH AVE 45 69TH ST INDIAN RIVER OLD DIXIE 35 69TH ST OLD DIXIE 92ND AVE 45 BOOK 9 4 ; PA,, L 7 63 APRIL 49 1995 15 BOOK 94 F'Afuc 764 RESOLUTION 95-53 Exhibit "A" INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICE LEDGER -SPEED LIMIT ZONES MARCH 1995 M SPEED ROADWAY FROM TO LIMIT 73RD ST » US CEMETERY RD. 35 77TH ST usl 74TH AVE 45 CR510 SRA IA US 40 CR510 usl 58TH AVE 40 CR510 58TH AVE 66TH AVE 35 CR510 66TH AVE 500'E of 90TH AVE .. 55 CR510 66TH AVE 500'E of 90TH AVE TRUCKS 45 CR510 500'E of 90TH AVE ..... CR512 ..... 45 CR512 SR60 W FELL CTY LMT 55 CR512 SR60 W FELL CTY LMT TRUCKS 45 CR512 W FELL CTY LMT E FELL CTY LMT ... 30 CR512 E FELL CTY LMT 195 55 CR512 195 SEB RIVER TRUCKS 45 CR512 195 SEB RIVER 55 CR512 SEB RIVERLOUISIANA ...... 49TH ST ..... 35 CR512 LOUISIANA INDIAN RIVER 35 ROSELAND RD IR DRIVE US. 1 30 ROSELAND RD USI 125TH PL 35 ROSELAND RD 125TH PL CR 512 45 37TH ST » IR BLVD usl 35 IR BLVD 53RD ST US 45 6TH AVE ust 21ST ST 30 IR DRIVE N US[ S US 30 OLD DIXIE N USI 500'N OF 45TH ST 45 OLD DIXIE 500'N OF 45TH ST S usl .. 35 OLD DIXIE 20TH ST SEMINOLE 30 OLD DOM SEMINOLE S COUNTY LINE 35 20TH AVE 17TH ST SW OSLO RD. 30 20TH AVE OSLO RD IST ST SW 45 20TH AVE IST ST SW 20TH ST 35 43RD AVE S COUNTY LINE 13TH ST 45 43RD AVE 13TH ST 2700 BLOCK 35 43RD AVE 2700 BLOCK 4000 BLOCK 45 43RD AVE 4000 BLOCK 49TH ST 35 58TH AVE S COUNTY LINE ATLANTIC BLVD 45 APRIL 49 1995 16 771 RESOLUTION 95-53 Exhibit 'An INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICE LEDGER—SPEED LIMIT ZONES MARCH 1995 BOOK 94 70"J" "RM 49 1995 17 SPEED ROADWAY FROM TO LIMIT 58TH AVE ATLANTIC BLVD. 26TH ST 35 59TH AVE 26TH ST 45TH ST 45 58TH AVE 45TH ST 200'S 75TH ST 55 59TH AVE. . . . . 200'S 75TH ST 200'S 81ST ST 45 58TH AVE 200'S 81ST ST CR510 35 66TH AVE SR 60 26TH ST 35 66TH AVE 26TH ST 45TH ST 45 66TH AVE 45TH ST 77TH ST 55 66TH AVE 45TH ST 77TH ST TRUCKS 45 66TH AVE 77TH ST SEB CITY LIMIT 45 CR507 CR512 SOUTH CAROLINA 30 CR507 SOUTH CAROLINA N COUNTY LINE 55 CR507 SOUTH CAROLINA N COUNTY LINE TRUCKS 45 BOOK 94 70"J" "RM 49 1995 17 BOOK 9 4 PaCC 766 RESOLUTION 95-53 Exhibit "A" INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICE LEDGER- SCHOOL SPEED ZONES MARCH 1995 NOTE: SCHOOL SPEED ZONES ARE APPROXIMATE SCHOOL PROPERTY BOUNDARIES ALL SCHOOL SPEED LIMITS ARE 20 MPH SCHOOL LOCATION DAYS EFFECTIVE AM PM HOURS HOURS ELEMENTARY BEACHLAND SR 60 BEACHLAND BLVD N/A CTI'RUS 4TH STREET * 7:45-9:00 2:35-3:35 27TH AVE * 7:45-9:00 2:35-3:35 DODGERTOWN 43RD AVE * 7:45-9:00 2:35-3:35 FELLSMERE CR512 * 7:45-9:00 2:35-3:35 GLENDALE 8TH STREET* * 7:45-9:00 2:35-3:35 HIGHLAND 6TH AVE SW * 7:45-9:00 2:35-3:35 J A THOMPSON 18TH AVE SW * 7:45-9:00 2:35-3:35 OSCEOLA MAGNET 6TH AVE * 7:45-9:00 2:35-3:35 PELICAN ISLAND SCHUMANN DRIVE N/A ROSEWOOD 16TH STREET * 7:45-9:00 2:35-3:35 SEBASTIAN CR512 * 7:45-9:00 2:35-3:35 VERO BEACH 12TH STREET * 7:45-9:00 2:35-3:35 MIDDLE GIFFORD MIDDLE SIX 45TH STREET * 7:25-8:25 2:30-3:15 GIFFORD MIDDLE SEVEN 45TH STREET * 7:25-8:25 2:30-3:15 SEBASTIAN RIVER MIDDLE CR512 + 6:55-7:55 1:35-2:35 HIGH SCHOOL VERO BEACH HIGH SCHOOL 16TH STREET N/A VERO BEACH JUNIOR HIGH 19TH STREET N/A WABASSO SCHOOL US 1 N/A SEBASTIAN RIVER CR510 * STANDARD SCHOOL SCHEDULE AS NOTED ONATTACHED SHEET N/A NO SCHOOL SPEED LIMITS + ENTRANCE WARNING BEACON APRIL 49 1995 i8 I. Proclamation/National Blue Ribbon Week The Board reviewed the following Proclamation: PROCLAMATION WHEREAS, child abuse and neglect is a serious and growing problem affecting more than three million of our nation's children annually and of children locally; and WHEREAS, the social malignancy called child abuse and neglect respects no racial, religious, class, or geographical boundaries and, in fact, has been declared a national emergency; and WHEREAS, there is an evident need to increase public awareness of the problem of child abuse; and to address this issue, the Exchange Club of Vero Beach is distributing Blue Ribbon pins to the general public as a symbol to remind us all that child abuse is a tragedy which..affects each and everyone of us; and WHEREAS, the members of the Exchange Club of Vero Beach have made a commitment- to make Vero Beach/Indian River County a better place to live for all of us through their focus on preventing child abuse: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of April 2-8, 1995 be observed as NATIONAL BLUE RIBBON WEER in Indian River County to kick-off the month of April, National Child Abuse Prevention Month. The Board urges all citizens of this great county to support the efforts of the Exchange Club of Vero Beach and itR fight against child abuse. - Adopted .ki.gA4_day of April, 1995. BOARD OF COUNTY COMMISSIONERS INDIAN IVER• COUNTY, FLORIDA Kenneth Macht, Chai n BOOK 94 77 APRIL 49 1995 19 BOOK 9-4 mu'L768 Toni Gibson, President of the Exchange Club of Vero Beach, noted that April is Prevent Child Abuse month. As prevention of child abuse is one of the Exchange Club's main thrusts, she asked everyone to wear a blue ribbon in recognition of prevention of child abuse and presented blue ribbons to each of the Commissioners. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the week of April 2 - 8, 1995 as National Blue Ribbon Week. T. FPJAA Seminar/Alice White The Board reviewed a Memorandum of March 31, 1995: TO: Board of County Commissioners FROM: Alice E. White, Executive Aide DATE: March 31, 1995 SUBJECT: FRMA Seminar, June 1-2, 1995 I would like to attend the attached seminar in St. Petersburg Beach. There will be a great deal of discussion regarding electronic imaging, which seems to be what the future holds for handling of records. Inasmuch as I am a member of the Florida Records Management Association, the registration fee will only be $50.00. I respectfully request permission to attend the above seminar. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved out -of -county travel for Executive Aide Alice White to attend the Florida Records Management Association Seminar to be held at St. Petersburg Beach, Florida, on June 1-2, 1995. APRIL, 4, 1995 20 INDIAN RIVER FARMS WATER CONTROL DISTRICT/PERMIT AND INTERLOCAL AGREEMENT The Board reviewed a letter of March 23, 1995: LAW OFFICER OF O'HAIRE, QUINN. CANDLER & 014AIRE MICHAEL O'MAIRE JEROME O. Ou1NN RICHARD 6. CANDLER SEAN OP 8. March 23, 1995 Ms. Margaret Gunter Administrator's Office Indian River County 1890 25th Street' Vero Beach, FL 32960 Dear Ms. Gunter: 3111 CARDINAL DRIVE VERO BEACH. tLORIDA 32063 P. O. BOX 4375 VERO BEACH, PLORIDA 32064 (407) 831.6900 rACSIMILE TRANSMISSIONS: (407)231-0720 �lq p 1995 w ADAIO��tpsS �s This is to request that I be placed on the agenda for the County Commission meeting scheduled for Tuesday, March 28th, for purposes of addressing the Commission regarding the Indian River Farms Water Control District's Permit and Interlocal Agreements with the County for location of various utilities by the County In District right-of-way. Sin rely, MICHA O'HAIRE MOH /pkm cc Indian River Farms Water Control District Michael 0' Haire, attorney for Indian River Farms Water Control District, advised that he is appearing at the request of the Board of Supervisors of the Indian River Farms Water Control District. His objective is to clear the air and, hopefully, mend some fences. About a month ago the matter of the use of the District's right-of- way for placement of fiber optic cable along the main canal running from the jail to the new courthouse came before the Board and he believed some erroneous information was given to the Board and that information needs to be supplemented. The two Boards have gotten along very well in the past and he feels it is incumbent on us to try to clear up any misunderstandings. He thought the primary issue was that the Board felt blindsided by the District's charges for use of the right-of-way when utilities or other facilities are located in the right-of-way, and he wanted the Board to understand that the charge is nothing new. When the contractor requested Som X94 w,A_ 769 APRIL 49 1995 21 BOOK 94 PA. LL 7 0 permission to locate the fiber optic cable in the District's right- of-way, he was informed there would be a charge, just as the City of Vero Beach is also charged. Apparently, the contractor did not bring the charge to the County's attention. The second issue is use of the District's right-of-way for location of capital structures. These permits are on an annual, renewable basis, with probably thousands of permits in hundreds of miles of right-of-way. Most of the lands used to be agricultural but are now becoming urbanized and the demand has increased so that the District is under constant pressure. The District drains 50,000 acres of land into the lagoon and is under pressure to retain more and more water. It is likely that the District's canals and ditches will have to be deepened and widened to increase the holding capacity to impound the water before being discharged, which creates a very real possibility that all utilities belonging to everyone will have to be relocated. This is the basic explanation for why the permits are terminable and renewable every year. Mr. O'Haire understood the reluctance to place capital improvements in such a temporary area; however, the Board should look at the cost of acquiring a right-of-way to locate the utilities and then weigh that against the risk of having to relocate. The charge is not a profit for the District and amounts to only $27,000-28,000 in a 7 -figure budget. Mr. O'Haire then introduced David Gunter, president of the Board of Supervisors of IRFWCD, and advised that they are both here to answer any questions the Board might have. Commissioner Eggert explained that the fee had been perceived as a maintenance charge rather than an annual usage fee, and Mr. O'Haire responded that, in the case of overhead power lines, there are maintenance charges. Commissioner Adams believed the problem came about because the contractor had not disclosed the fee to the County at the time of the contract. She felt the District should have wanted the County to assume some responsibility for fees and put it in writing at the time of the original agreement. Mr. O'Haire felt that the person applying for the permit is told what the conditions are and if that person neglects to inform the other party to the agreement, that would not be the fault of the District. David Gunter, chairman of the Board of Supervisors of IRFWCD, advised the Board that the permit had been signed by General APRIL, 49 1995 22 -Services Director Sonny Dean. He also advised there is a clause which says the lease charge starts on January 1 after the year of completion of the project. Commissioner Adams inquired if the lease is paid in arrears, and Mr. Gunter responded that it is payable in advance but there are no charges for the year during construction. The District accepted responsibility for the misunderstanding in that they had previously dealt with the Utilities Department who realized that this fee is associated with all in-line utilities, and they had assumed that the General Services Department was also aware of the charges. Commissioner Adams then asked if the clause at the bottom of the application which says: 'permission, when granted, will be subject to the standard proviso set forth on the reverse hereof' was the clause Mr. Gunter was referring to. Commissioner Adams felt that the County would be better off to have the line on its own right-of-way rather than pay $50,000 to relocate it. She believed that a meeting with the District Board might improve the working relationship as she felt there was not much productive communication between the two Boards. Mr. Gunter explained that the District Board simply wants to reserve the right legally to get the County to move its utilities on their rights-of-way if the regulatory agencies force them to do something. They must have a legal vehicle such as the lease in case next year they have to ask the utility to move. Chairman Macht felt that it is very difficult for the County to live with 30 days' notice as the optic cable carries the 19th Judicial District court proceedings. He was not sure 30 days would give the County time to make an alternative plan. Mr. Gunter explained that most of the District's problems are utility related. The District bids out utility mowing and if there are buried utilities or power lines, they mow 4 times a year. The District requires the utility to clear and level the right-of-way and they want it to stay clear and level as it costs more to clear if it is allowed to grow up. The mowing and maintenance fees, plus internal administration and legal costs for the District, are covered by the fees and the fees are annual only because the District does not want to end up in court caught between the regulatory agencies and the -utility agency. BOOK 94 f'Au ��A APRIL 49 1995 23 BOOK 94 F,tL, 772 Chairman Macht inquired what the County's position would be if it came to something like eminent domain, and Attorney Vitunac responded that when two public bodies, each with eminent domain, are in a dispute, they balance the public interest and the body with the higher public value would get the right to use the land. Commissioner Eggert inquired if the District has any long range plan that would give the County an idea of what to expect, and Mr. Gunter replied the District just doesn't know. The District is in the process of going through a consumptive use permit with St. Johns River Water Management District right now and was asked at a planning meeting about the possibility of increasing storage. Commissioner Tippin expressed his feeling that we need more cooperation between government boards and advised that he had learned a lot after the last meeting. He felt that both Boards need to instruct all applicable staff to communicate more and be sure all the facts are in so that the Boards can work closely together and not have these misunderstandings. Commissioner Bird felt that the Boards have had good relationships over the years and advised that the County's department heads feel the arrangement with the District is very advantageous and cost effective even if there is a risk we would have to relocate the cable. He pointed out that we run the same risk by putting in our own right-of-way; as long as the charges are fair, reasonable, and consistent, it is a savings to the County to retain the agreement and pay our fair share. MOTION WAS MADE by Commissioner Tippin, SECONDED by Commissioner Eggert, that the Board approve the Permit and Interlocal Agreement with Indian River Farms Water Control District, changing the 30 day notice provision to 120 days. Under discussion, Mr. Gunter reiterated that the District is not going to ask the County to move the cable unless the District is forced to do so by someone else. He reminded the Board that the County has all of Kings Highway on a District right-of-way from the main canal bridge just south of Oslo, pavement and all. The District's right-of-way runs'20 feet west of the center line and they do not charge the County for that. They are now running into - a problem as the DoT is widening the road and wants to put up APRIL 49 1995 24 guardrails. That is an example which justifies a lease. They are not trying to be hard to get along with, just attempting to maintain the integrity of the District. MOTION WAS AMENDED by Commissioner Tippin, SECONDED by Commissioner Eggert, that the Board approve the Permit and Interlocal Agreement with Indian River Farms Water Control District as is and authorize the Chairman to execute same. Under discussion, Commissioner Adams felt that it would behoove the County to move the cable and put it on a County right- of-way. She believed that the $50,000 charge to move the cable to a City right-of-way with no lease involved would be a better deal for the taxpayer and stated that she could not support the agreement under these conditions. THE CHAIRMAN CALLED THE QUESTION and the motion carried by a 4-1 vote (Commissioner Adams dissenting). AGREEMENT WILL BE ON FILE IN'THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED NEW HOPE NIINISTRIES INC./SPECIAL EXCEPTION USE APPROVAL FOR PLACE OF WORSHIP AND PRIVATE SCHOOL The hour of 9:05 A.M. having passed, the County Attorney announced that this public hearing has been properly advertised as follows: VERO WADI PRESS40MMAL Psbflsl»r setly Neel •'► A-1 as R3-3 7 , ae-sl em e mamor COUNT 111b1 � RardrOO 11 1 APRIL 49 1995 VW0 Med. Iwdlew over cmmfy. /lerme MM' V OF MIOIAN MVM WATE CW FUMMA "11111, ow eVM 111111 Ub11 11raMlaw M — Pffou" eye Meeh Presa• ad J. J. l4ehewmnn, Jr. w.be on ealh r VMO •ea6b 111111d1w IMgr '��• • �' ^ei"'°� puhpahad CeerN►. pbrMa; IMaI Mu MiaWred eeplr eI adre►Ihlenlenl, b11hq E IeNwrlWlerel-�'I//�d�"r_Et�L�g� M N111 Court, waa pt& owl AMW hp111M Mlra IM! NIe "M Vele Bear,1Mr ac Jourrul M a nr!wapeper p�dlttahed N • 1t1s Se11eh, M111Nd t/dt11r1 alr11r Ceenlp, fhpMa• amt IMI thlr aeM newq gar ha+ 1~01ere e 111s11 �111,IeeMey p0b8111111d M MrM "Ib m 9119" CnnM►, 1 Irnlde. each &HY and has hese eIM11/11d MI MkOnd gibes 11W1 wr11thn H the peal 011,:01 M Vero O01ach. In aaM Inman MM Crr w ly ibllda lel M par,111 d 0111 YMa neat Pref edhq the Ihal IK'" Tanen Of IM alhwhnd Cony e1 Mrd aI11aM 111►IM► ep11 "M he has negher pMd ler Menaced ow pmol, lien N 11elperall0e 1111' dlc11ee11, Mwe. OP"PONaalon or re,1HrM ler the pmpone el cnturinp lhla j,,{,,� .101 pebik111111e hl l!a MNd lwr"HRM I AedbiE116sd law Iw11 pd11—r/� V. d" el Ji��A. r' � r�� is . t (• IaIb_'..MrI.... 1, .,•i6uauMa! nide d 14M...1y..-.... •I�����..r•� - 1La..r NJrbM ��C1 �i,:.�.. �l� �6 73 25 .�.,�r BOOK 94 PAGE 7 7 4 The Board reviewed a Memorandum of March 22, 1995: TO: James E. Chandler County Administrator D ION HEAD CONC ENCE: '11Obert Kea i , A Community Devel mere irector 146 THROUGH: Stan Boling, AICP DATE: March 22, 1995 Planning Director FROM: John W. McCoy, AICP•:fotk\ Senior Planner, Current Development SUBJECT: New Hope Ministries, Inc. 's Request for Special Exception Use Approval for a Place of Worship and Private School It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 4, 1995. DESCRIPTION AND CONDITIONS: Mosby & Associates, Inc. has submitted applications for major site plan and special exception use approval on behalf of New Hope Ministries, Inc. for a place of worship and private school. The applicant submitted separate special exception use applications: one for the place of worship and one for the private school. Although the Planning and Zoning Commission considered these requests separately, the applicant is requesting that the Board of County Commissioners consider both special exception use requests jointly, and approve both uses at one time. The subject property is located on the south side of Cemetery Road approximately 1,800 feet west of Old Dixie Highway, and is zoned RS -6. The RS -6 zoning district requires special exception approval for a place of worship and for a private school. On the subject property there is an existing single family residential structure which has been converted from a house to a place of worship. The applicant has indicated that this occurred without county approvals within the last five years. The school was established more recently without county approval. The school serves approximately- 35 pproximately35 students in grades 1-12. According to the applicant, the students will be drawn from the local area. Pursuant to Section 971.05 of the LDRs, the Board of County Commissioners is to consider the appropriateness of the requested uses based on the submitted site plan and suitability of the site for those uses. The Board may approve, approve with conditions or deny the special exception uses. The county may attach any conditions and safeguards necessary to mitigate impacts and to ensure compatibility of the uses with the surrounding area. The Planning and Zoning Commission separately considered the special exception use requests for the place of worship and for the private school. At its January 26, 1995 meeting, the Planning and Zoning Commission voted 6-0 to recommend that the Board conditionally approve the place of worship request. At its March 9, 1995 meeting, the Planning and Zoning Commission voted -7-0 to APRIL 49 1995 26 l recommend that the Board approve the private school. Subject to the Board of County Commissioners approval of the special exception uses, the Planning and Zoning Commission approved the major site plan for the place of worship, and staff approved the administrative approval site plan for the private school. If the Board of County Commissioners approves the special exception use requests, the site plans will become effective. ANALYSIS: 1. Size of Property: 107,205 sq. ft. or 2.46 acres 2. Zoning Classification: RS -6, Residential Single Family District (up to 6 units per acre) 3. Land Use Designation: L-2, Low Density 2 (up to 6 units per acre) 4. Building Area: 5,658 sq. ft. Proposed Phase I: Existing: 2,552 sq. ft. (school) Proposed Phase I: 4,800 sq. ft. (church) Proposed Phase II: 3,900 sq. ft. (church) Total: 11,252 sq. ft. 5. Impervious Surfaces: Existing: 5,658 sq. ft. Proposed Phase I: 25,324 sq. ft. Proposed Phase II: 7,402 sq. ft. Total: 38,384 sq. ft. Note: There is a portion of the site which will be constructed as stabilized parking. This area has not been counted as impervious area, but cannot be credited toward open space. 6. Open Space: Required: 40.00% Provided (at build -out): 49.29% 7. Phasing: The, first phase will include part of a new sanctuary, the school facility, approximately half of the parking improvements, and the landscaping and drainage improvements necessary to service these improvements. Phase I site improvements will serve both the church and school improvements. Phase II will consist of a sanctuary expansion, the remainder of the parking, and related site improvements. - A pavilion may be built in either phase. 8. Parking for Church: Phase I Required: 50 spaces Phase I Provided: 55 spaces Phase II Required: 100 spaces (total build -out) Phase II Provided: 100 spaces (total build -out) BOOK .F'rti.,;� -75 APRIL 49 1995 27 Boa 94 1 tL 776 9. Parking for Private School: Required: 7 spaces (paved) Provided: -10 spaces (paved) Note: The school will share with the church the parking spaces provided with Phase I construction of the church. The traffic engineer has approved the shared parking proposal. Since the school is used on a regular basis, the seven spaces must be paved. 10. Traffic Circulation: Presently, a dirt driveway connecting to 71st Street (paved) serves the converted single family residential structure. The applicant is proposing 2 two-way driveways; one at the east end and the other at the west end of the property. The public works director has approved the 2 proposed driveway connections to 71st Street. The driveways will form a two-way loop system through the proposed parking lot. All of the driving aisles,- 6 standard spaces and 4 handicap spaces, will be paved. These paved spaces will satisfy the county's parking requirements for the school. The remainder of the parking spaces in Phases I and II will be stabilized grass, as app"roved by the Planning and Zoning Commission for the church site plan. 11. Stormwater Management: The stormwater management plan has been approved by the Public Works Department and a Type "A" permit must be obtained by the appiicant. 12. Landscaping Plan: The landscape plan meets all Chapter 926 requirements, but does not meet a certain buffer requirement, as described below. The specific land use criteria for schools and places of worship require that a Type "C" buffer be provided along the east, south, and west boundaries of the site, which is where the site abuts residentially designated property. The submitted site plan shows the required Type "C" buffer along only the east site boundary. The applicant is requesting a waiver of the buffer requirement along the site's south and west boundaries, where the site borders the cemetery owned by the Winter Beach Cemetery Association. It is the applicant's position that a cemetery does not need to be buffered from a private school or a place of worship. The current LDRs, however, do not allow such a waiver and do not exclude buffer requirements where adjacent cemeteries are involved. In staff's opinion, the basis of the applicant's request has some merit, and staff is drafting an LDR amendment which would not require a buffer between cemeteries and places of worship or schools. It is staff's position, however, that the buffet must be required under the present LDRs, and that, in the event of an LDR change favorable to the applicant, the site plan can be modified at a later date. Therefore, a condition needs to be attached to any site plan approval stating that, prior to site plan release, the site plan be revised to show the currently required buffer and that approved plans and buffer improvements may be modified in the future if the buffer requirements are changed. 13. Utilities: The project will be serviced by an on site well and septic tank system. These utility provisions have been APRIL 49 1995 28 approved by the Department of Environmental Health. Utility Services and 14. Environmental Issues: The environmental planning section has indicated that there are no substantive environmental issues. 15. Dedications and Improvements: Since there is only 50' of right-of-way for 71st Street, the county's LDRs require the applicant to dedicate 5' of property for 71st Street right-of- way (or easement) to satisfy the 60' local road minimum standard. The public works department has indicated that either a 5' dedication of additional right-of-way or the granting of a 5' drainage and utilities easement would be acceptable. The applicant has agreed to grant a 5' wide easement. The easement will need to be granted prior to site plan release. 16. Specific Land Use Criteria: The following land use criteria apply to schools and places of worship: , Places of Worship a. No building or structure shall be located closer than thirty (30) feet to any property line abutting a residential use or residentially designated property; b. Access shall be from a major thoroughfare unless otherwise approved by the public works department; C. Any accessory residential use, day care facility or school upon the premises shall provide such additional lot area as required for such use by this section and shall further be subject to all conditions set forth by the reviewing procedures and standards for that particular use. Accessory residential uses may include covenants, monasteries, rectories or parsonages as required by these regulations; d. Type "C" screening shall be provided along all property boundaries where the facility is located adjacent to a single-family residentially designated property. Type "D" screening shall be provided along all property boundaries when the facility is located adjacent to a multiple -family residentially designated property. Schools e. Sites for secondary schools shall be located near thoroughfares so as to discourage traffic along local residential streets in residential subdivisions. Elementary schools should be discouraged from locating adjacent to major arterial roadways; _ f. For the type of facility proposed, the minimum spatial requirements for the site shall be similar to standards utilized by the Indian River County school board and the State.of Florida; g. No main or accessory building shall be located within one hundred (100) feet of any property line not adjacent to a street or roadway. No main or accessory building shall be located within fifty (50) feet of any property line abutting a local road right-of-way that serves a single-family area; Boa 94 rt, 777 APRIL 49 1995 29 POOK 9[A;C 778. h. The applicant shall submit a description of anticipated service area and projected enrollment, by stages if appropriate, and relate the same to a development plan explaining: 1. Area to be developed by construction phase; 2._ Adequacy of site to accommodate anticipated facilities, enrollment, recreation area, off-street parking, and pedestrian and vehicular circulation on-site including loading, unloading and queuing of school bus traffic; i. No rooms within the school shall be regularly used for the housing of students when located in a single-family residential district; J. The facilities shall have a Type "C" buffer in the A-1, A-2, A-3, RFD, RS -1, RS -2, RS -3 and RS -6 districts; k.The facilities shall have a Type "D" buffer in all other residential districts not listed in subsection f above. 17. Concurrency: The applicant has obtained an initial concurrency certificate for both phases which includes the place of worship and the private school. 18. Surrounding Land Use and Zoning: North: South: East: West: RECOMMENDATION: Vacant, single Cemetery/RS-6 Vacant/RS-6 Cemetery/RS-6 family home/RS-6, RM -6 Based on the above analysis, staff recommends that the Board of County Commissioners grant the special exception use requests for the place of worship and the school, with the following conditions: 1. That prior to site plan release: a. The applicant shall revise the site plan to depict the Type "C" buffer along the south and west property lines. In the future, the approved site plan and buffers may be modified in accordance with any approved LDR buffer modification. b. The applicant must grant a 5' wide drainage and utility easement along the project's 71st Street frontage. Director Boling reviewed the project for the Board and advised that the Planning & Zoning Commission has recommended approval. Commissioner Eggert commented that it has been her experience that there is no problem with buffering between a church and a cemetery, but there can be a problem with buffering between a school and a cemetery with regard to protection of the cemetery - rather than the school. APRIL 49 1995 30 M M 171 Director Boling stated that is the type of issue staff is addressing in the LDR amendments; such as options in lieu of buffering, as different uses do have different types of requirements. They would like to give some more flexibility in the regulations. Commissioner Bird inquired whether there was anyone from the church at the meeting because he wanted to be sure they were aware that the railroad crossing at 71st Street (Cemetery Road) might be eliminated at some point in the future by Florida East Coast Railway. 44th Court would remain as an access road, however. Steve Cooper, of Mosby & Associates, the project engineer, was not aware of the proposed closing. Commissioner Adams inquired if the local neighbors had been notified of the proposed uses and wanted to know if the school and church were being used currently. Director Boling responded that the church and the school are presently operating out of the existing building but a new building will be built for church use. Commissioner Adams believed staff also needs to consider buffers between compatible businesses, as cemeteries do lose ownership or change. Commissioner Adams also inquired whether the church and school have been ordered to cease and desist until the permits have been taken care of. Director Boling responded that code enforcement action generally is to bring the entities into compliance and they are usually allowed to proceed without code enforcement fines. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. -There being none, he closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously granted the special exception use requests for the place of worship and the school with two conditions: 1) prior to site plan release, the applicant revises the site plan to depict the Type "C" buffer along the south and west property lines; and 2) the applicant grants a 5 foot wide drainage and utility easement along the project's 71st Street frontage, as recommended by.staff. BOOK 94 PALUE 1 APRIL 49 1995 31 Boa 94 7SO INDIAN PARTNERSHIP/REZONING REQUEST The hour of 9:05 A.M. having passed, the County Attorney announced that this public hearing has been properly advertised as follows: to VERO NIACN MU -JOURNAL Pubflsirwd De"V Vers Rsselr. Miffs" Rlvw Couvelr..florlder COUNTY OF INDIAN RIVER: STATE OF FLORIDA Befers the omlarstpned authority personally appeared J. J. satnnnann, Jr. who an oath gra pal he N ftabm" MORRISOr of the Vero Bench I+ress•Journai, a daily newspaper published d Vero Baaeh On Indian Rhrer Cetmhr. Ftorldtt: pal pa shushed Copy of adve lisemart, bebop In the matter of ' In the Cart, was ppb. Nahed In said tow aper M Ila issues 01161W—OW—Win ja'pa y Afilent further says that the said Vero Beach Press Journal M s mmwsps" published et ir IsI! a ria timid of County CenMaslass W . =04.Flo; lle h IM Canty Yero Btaeh. M sold 1111118" Rim County, Napkin. and that the Said newspaper has heratolore been don ��Cetsoafy. Curcio- thoCeusy Admibtrallon Ihdd• eonftnuously puhltshsd In said Indian Riva CM"ly, Fhxlds. each dally and has been entered I4 buried st tm situ Bbed Ywe Beady, Ftr- TMTJ .dAprl�sl� N 9OS s m ens second etas mall matter of ere prat office in Vivo Beath, In sold Indian River Coun. yr, F'lorldo, ler a period of one year nevi pecedrag the first puftntallon of the etlar:tnrd copy of e11 a pwf*nl: Md slfiant farther says that ha has nelpar paid nw promised eery person. firm wmom awiq Cow " amov of eerpaspan say discount, rebels. cc 1Ssbn of rotund for the purpose of secuAT IMC 4lsaled pavlded e OR MM Its emw gwsd uss to elf aftwIlssnaM ter pubpptbn M Ohs said newspaper. �� �/% /�,a l(�w&—D. M � al to an,y Brsero is sad spbscaibnd haloes me Ibis �� � L daof 19 4 ;i •:. f 1 TT—�---- sue tbal a w,rtielltr issued d puemedrga b std evtlenee upon upped $'`)"t k'.7yi� • r' W %I .. ` .' r T A wtiali h� Aviles who rseds a special am ro dnbn le► a� stS Irelel DO.et1 ft at" -a mviiewe T4• . i+ : c nti•tut+:a r: ^rr+ .rv. n a (Busbtese Manager► •, -e�,� S4Ae t/ 1 Y•.•.,, /!p 1, MIA flbebilw Ad (ADA) Caadaslw N fR7•1000 �i • J ' i 1�{ ' r wdesbn 719 ai ' bsel N hoes Is adrwss d nrastp -. • • A :fkU-. F ,r . l,• IV— Mrtalil t MoftOiaaert tifl�S2 .. t x�`r::1� •� •' twr ,r.tur: "Ar. •'•1.r ��M�H,•• The Board reviewed a Memorandum of March 17, 1995: TO: James E. Chandler County Administrator DgMTNENT HEAD CON URRENCE Obert N. Keftrhp, A /J THROUGH: Sasan Rohani, AICP +` Chief, Long -Rance Planning FROM: John Wachtel Senior Planner, Long -Range Planning DATE: March 17, 1995 RE: Indian Partnership Request to Rezone Approximately 13.3 Acres from A-1 to RM -8 (RZON 94-12-0109) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of April 4, 1995. APRIL 49 1995 32 DESCRIPTION AND CONDITIONS This is a request to rezone approximately 13.3 acres located on the west side of 90th Avenue, south of 26th Street. The request involves rezoning the subject property, owned by Indian Partnership, from A-1, Agricultural District (up to 1 unit/5 acres) to RM -8, Multiple -Family Residential District (up to 8 units/acre). The purpose of the request is to secure the zoning necessary to develop the subject property with multiple -family uses. On February 9, 1995, the Planning and Zoning Commission voted 6-0 to recommend that the Board of County Commissioners approve this request to rezone the subject property to RM -8. Existing Land Use Pattern The subject property consists of a ten acre northern parcel and a 3.3 acre southern parcel. Both parcels contain one vacant single- family house. The southern parcel also contains a detached garage. Although both buildings on the southern parcel appear to have been legally established when they were built, they are currently nonconforming since they encroach into the parcel's required side yard under the A-1 zoning district. The subject property and properties to the north, south, and west consist of agriculturally zoned wooded areas. West of the subject property is Paradise Park, Unit 3. That subdivision was platted prior to the existence of zoning regulations in the county and has never been developed. East of the subject property is the partially developed Paradise Park, Unit 2 which is zoned RS -6, Single -Family Residential District (up to 6 units/acre). Future Land Use Pattern The subject property and all surrounding properties are designated M-1, Medium -Density Residential -1, on the county future.land use map. The M-1 designation permits residential uses with densities up to 8 units/acre. Environment The subject property consists primarily of pine flatwoods that have been invaded by several species of exotic/nuisance vegetation. Based on a cursory review, the site does not appear to contain Jurisdictional wetlands and is not in a flood hazard area. Utilities and Services Although the site is within the Urban Service Area of the county, neither water nor wastewater lines extend to the site at this time. Transportation System The property abuts 90th Avenue which is classified as a collector road on the future roadway thoroughfare plan map. This segment of 90th Avenue is a two-lane unpaved road with approximately 65 feet of public road right-of-way. There are no plans to expand this segment of 90th Avenue. OX APRIL 49 1995 33 Boos 94 PAUU 782 AMALYS7S 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 (LDRs) 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 requestsp 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: 2. Existing Zoning Classification: 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 ±13.3 acres A-1, Agricultural District (up to 1 unit/5 acres) RM -8, Multiple -Family Residential' District (up to 8 units/acre) 2 single-family units 106 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 S.R. 60 would not be lowered. The site information used for determining traffic is as follows: APRIL 49 1995 34 s Existing Zoning District 1. Use Identified in 5th Edition ITE Manual: Single -Family Residential 2. For Single -Family Units: a. Average Weekday Trip Ends: 10.1/unit b. P.M. Peak Hour Trip Ends: 1.01/unit C. Inbound (P.M. Peak Hour): 65% i. Westbound (P.M. Peak Hour): 60% ii. Eastbound (P.M. Peak Hour): 40% d. Outbound (P.M. Peak Hour): 35% i. Westbound (P.M. Peak Hour): 40% ii. Eastbound (P.M. Peak Hour): 60% 3. P.M. *Peak Direction of S.R. 60, from I-95 to 82nd Avenue: Westbound 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 -Westbound Percentage (2 X 1.01 X .65 X .60 = 1) - 5. Formula for Determining Number of Average Weekday Trips Generated: Number of Units X Average Weekday Rate (2 X 10.1 = 20) Proposed Zoning District 1. Use Identified in 5th Edition ITE Manual: Single -Family Residential 2. For Single -Family Units: a. Average Weekday Trip Ends: 10.1/unit b. P.M. Peak Hour Trip Ends: 1.01/unit c. Inbound (P.M. Peak Hour): 65% i. Westbound (P.M. Peak Hour): 60% ii. Eastbound (P.M. Peak Hour): 40% d. Outbound (P.M. Peak Hour): 35% i. ' Westbound (P.M. Peak Hour): 40% ii. Eastbound (P.M. Peak Hour): 60% 3. P.M. Peak Direction of S.R. 60, from I-95 to 82nd Avenue: Westbound 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 -Westbound Percentage (106 X 1.01 X .65 X .60 = 42) (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 (106 X-10.1 = 1,071) 6. Traffic Capacity on this segment of S.R. 60, at a Level of Service "D": 1,650 peak hour/peak season/peak direction trips 7. Existing Traffic volume on this segment of S.R. 60: 1,114 peak hour/peak season/peak direction trips 5M A L 7 � APRIL 49 1995 35 BOOK 94 PALE. 7b The number of Average Weekday Trip Ends associated with the most intense use of the subject property under the existing zoning district is 20. This was determined by multiplying the 2 units (most intense use) by ITE's single-family residential factor of 10.1 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 1,071. This was determined by multiplying the 106 units (most intense use), by ITE's single-family residential factor Of 10.1 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 S.R. 60 is westbound. 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 1. This was determined by multiplying the total number of units allowed under the existing zoning district (2) 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% will be inbound and 35% will be outbound. Of the inbound trips, 75% 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 (106) was multiplied by ITE's factor of 1.01 p.m. peak hour trips/unit to determine the total number of trips generated (107). Of these trips, 65% (70) will be inbound and 35% (37) will be outbound. Of the inbound trips, 60%, or 42, will be westbound. Therefore, the most intense use of the subject property under the proposed zoning district would generate 41 more peak hour/peak season/peak direction trips than the 1 that would be generated by the most intense use of the subject property under the existing zoning district (42 = 1 = 41). 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. APRIL, 4, 1995 36 The traffic capacity for the segment of S.R. 60 adjacent to this site is 1,650 trips (peak hour/peak season/peak direction) at Level of Service (LOS) "D", while the existing traffic volume on this segment of S.R. 60 is 1,114 trips (peak hour/peak season/peak direction). The additional 42 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 S.R. 60 to 1156. Based on the above analysis, staff has determined that S.R. 60 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) Roadway Segment Road From TO Capacity LOS "D" 1220S I-95 C.R. 512 S.R. 60 7,63D 1230N I-95 S.R. 60 Oslo Road 2,710 1910E S.R. 60 C.R. 512 I-95 1,030 1910W S.R. 60 C.R. 512 I-95 1,030 1915E S.R. 60 I-95 82nd Avenue 1,650 1915W S.R. 60 I-95 82nd Avenue 1,650 1920E S.A. 60 82nd Avenue 66th Avenue 2,210 1920W S.R. 60 82nd Avenue 66th Avenue 2,210 1925E S.R. 60 66th Avenue 58th Avenue 1,170 1925W S.R. 60 66th Avenue 58th Avenue 1,170 1930E S.R. 60 58th Avenue 43rd Avenue 2,650 1930W S.R. 60 58th Avenue 43rd Avenue 2,650 1935E S.R. 60 43rd Avenue 27th Avenue 2,650 1935W S.R. 60 43rd Avenue 27th Avenue 2,650 1940W S.A. 60 27th Avenue 20th Avenue 2,330 BOOK 94 PAUL 785 APRIL 49 1995 37 BOOK 94 Fait 789 Segment Roadway Capacity Segment Road From To LOS "D" 2210E 12th Street 82nd Avenue 58th Avenue 600 2220W 12th Street 58th Avenue 43rd Avenue 830 2450N 27th Avenue 12th Street S. VB City Limits 830 2460N 27th Avenue S. VB City Limits 16th Street 830 2470N 27th Avenue 16th Street S.R. 60 830 24805 27th. Avenue S.R. 60 Atlantic Blvd. 830 2930N 43rd Avenue 16th Street S.R. 60 830 2930S 43rd Avenue 16th Street S.R. 60 830 2935N 43rd Avenue S.R. 60 26th Street 830 29355 43rd Avenue S.R. 60 26th Street 830 3010N 58th Avenue 4th Street 8th Street 690 3015N 58th Avenue 8th Street 12th Street 690 3020N 58th Avenue 12th Street 16th Street 690 3025N 58th Avenue 16th Street S.R. 60 830 3030N 58th Avenue S.R. 60 41st Street 830 30305 58th Avenue S.A. 60 41st Street 830 30355 58th Avenue 41st Street 45th Street 690 30405 58th Avenue 45th Street 49th Street 690 31205 66th Avenue S.R. 60 26th Street 690 31305 66th Avenue 26th Street 41st Street 650 31405 66th Avenue 41st Street 45th Street 690 3320N 82nd Avenue 4th Street 12th Street 690 3330N 82nd Avenue 12th Street S.A. 60 690 3330S 82nd Avenue 12th Street S.R. 60 690 4320E 45th Street 66th Avenue 58th Avenue 650 4330W 45th Street 58th Avenue Ord Avenue 690 4420W 41st Street 66th Avenue 58th Avenue 630 4430W 41st Street 58th Avenue 43rd Avenue 630 4830W 8th Street 58th Avenue Ord Avenue 630 Existing Demand Total Available Positive Roadway Existing Vested Segment Segment Project Concurrency Segment Volume Volume Demand Capacity Demand Determination 12205 914 60 974 1656 3 Y 1230N 990 105 1095 1615 3 Y 1910E 359 118 477 553 1 Y 1910W 346 121 467 563 2 Y 1915E 784 410 1194 456 10 Y 1915W 1114 375 1489 161 42 Y 1920E 1045 290 1335 875 9 Y 1920W 971 269 1240 970 36 Y 1925E 945 316 1261 509 8 Y 1925W 991 303 1294 476 32 Y 1930E 985 620 1605 1045 4 Y 1930W 1147 605 1752 898 16 Y 1935E 1102 405 1507 1143 2 Y 1935W 1156 390 1546 1104 8 Y 1940W 896 297 1193 1137 2 Y 2210E 84 10 94 506 2 Y 2220W 85 26 111 719 2 Y 2450N 234 25 259 571 2 Y 2460N 303 24 327 503 2 Y 2470N 225 31 256 574 2 Y 24805 428 Y7 445 385 2 Y 2930N 667 60 727 103 4 Y 29305 505 60 565 265 1 Y 2935N 340 106 446 384 1 Y 29355 413 107 520 310 4 Y - 3010N 191 25 216 474 1 Y 3015N 191 33 224 466 4 Y 3020N 191 50 241 449 4 Y 3025N 423 229 652 178 8 Y 3030N 538 132 670 160 2 Y 30305 388 143 531 299 8 Y 30355 436 43 479 211 6 Y 3040S 355 30 385 305 2 Y 3120S 188 9 197 493 4 Y 31305 132 7 139 511 2 Y 31405 132 7 139 511 1 Y 3320N 102 15 117 573 2 Y 3330N 171 43 214 476 3 Y 333OS 230 39 269 421 1 Y 4320E 236 19 255 395 2 Y APRIL 49 1995 38 M M M Existing Demand Total Available Positive Roadway Existing Vested Segment segment Project Concurrency Segment volume Volume Demand Capacity Demand Determination 4330W 230 20 250 440 2 Y 4420W 146 30 176 454 1 Y 4430W 146 45 191 439 2 Y 483OW 89 51 140 ,490 2 Y - Water A 106 unit residential use on the subject property will have a water consumption rate of 106 Equivalent Residential units (ERU), or 26,500 gallons/day. This is based upon a level of service standard of 250 gallons/ERU/day. County water lines do not currently extend to the site. If the subject property connects to county water lines, the property will be serviced by the South County Water Plant which has a remaining capacity of approximately 2,300,000 gallons/day and would be able to accommodate the additional demand generated by the most intense use allowed under the proposed zoning. - Wastewater A 106 unit residential use on the subject property will have a wastewater generation- rate of 106 Equivalent Residential units (ERU), or 26,500 gallons/day. This is based upon a level of service standard of 250 gallons/ERU/day. County wastewater lines do not currently extend to the site. If the subject property connects to county wastewater lines, the property will be serviced by the West County Wastewater Treatment Plant which has a remaining capacity of approximately 420,000 gallons/day and would be able to accommodate the additional demand generated by the most intense use allowed under 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 106 unit residential development on the subject site will be approximately 170 Waste Generation Units (WGU) or 322 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 (170 X 0.8 X 2.37 = 322 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 this analysis, staff determined that the county landfill can accommodate the additional solid waste generated by the site under the proposed zoning district. Boos 94 mu 787 APRIL 49 1995 39 BOOK 9 PGS - 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. The subject property is located within the M-1 Drainage Basin and the Indian River Farms Water Control District (IRFWCD). Since the site is located within the IRFWCD, development on the property will be prohibited from discharging any runoff in excess of two inches in a 24 hour period, which is the approved IRFWCD discharge rate. In this case, the minimum floor elevation level of service standards do not apply, since the property does not lie within a floodplain. However, both the on-site retention and discharge standards do apply. With the most intense use of this site under the proposed zoning, the maximum area of impervious surface will be approximately 405,544 square feet, or 9.3 acres. The maximum runoff volume, based on that amount of impervious surface and the 25 year/24 hour design storm, and given the IRFWCD two inch discharge requirement, will be approximately 411,820 cubic feet. In order to maintain the county's adopted level of service, the applicant will be required to retain approximately 315,262 cubic feet of runoff on-site. Considering the soils characteristic of the subject property, staff estimates that the pre -development runoff rate is 75 cubic feet/second. Based upon staff's analysis, the drainage level of service standards will be met by limiting off-site discharge to the IRFWCD's maximum discharge rate of two inches in 24 hours, and requiring retention of 315,262 cubic feet of runoff for the most intense use of the property. 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. 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. APRIL 4, 1995 40 s LOS Project .-JAcres per Demand Surplus Park Type 1000 population) Acres Acreage Urban District 5.0 1.22 189.844 Community (north) 3.0 0.73 19.843 Beach 1.5 0.37 67.353 River 1.5 0.37 28.350 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. APRIL 4, 1995 40 s ® � s 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. These include 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 objectives. - Future Land Use Element Policy 1.14 Future Land Use Element Policy 1.14 states that the M-1, Medium - Density Residential -1, land use designation is intended for residential uses with densities up to 8 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-1 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 8 units/acre, the proposed request is consistent with Future Land Use Element Policy 1.14. - 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 S.R. 60 and I-95 commercial/industrial node. As that node continues to develop, 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. - Future Land Use Element Objective 5 and Policy 5.3 Future Land Use Element Objective 5 and Policy 5.3 encourage varied densities and development patterns to accommodate a diversity of lifestyles. Most of the residentially designated land near the subject property is platted for single-family development. - By permitting additional development options on the subject property, the subject request implements Future Land Use Element Objective 5 and Policy 5.3. - 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. 600K 4 789 APRIL 49 1995 41 i �a Boa _; PAUL, 79 ' - 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 second highest density and the subject property is located within one half of a mile from a major transportation corridor, the request implements Mass Transit Element Policy 1.2. While the referenced policies and objectives 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 Staf f Is -position is that multiple -family residential development is appropriate for the site and that such development would be compatible with surrounding land uses. Located near the S.R. 60/ I-95 commercial/ industrial node, the subject property is particularly well suited to meet the demand for multiple -family housing generated by development within that node. In effect, the proposed rezoning would increase the opportunity for people to live near their place of employment. Although a single-family subdivision is located to the east of the subject property, the single family area is separated from the subject property by 90th Avenue. Besides the 90th Avenue physical separation, the county's land development regulations provide that development of a multiple -family residential project on the subject property will be adequately buffered from the nearby single-family subdivision. Where a multiple -family project in the RM -8 district adjoins a single-family district, the county's land development regulations require that the multiple -family project provide either a six foot high opaque type D buffer or a three foot high opaque type C buffer. Separation distance is another factor that works to mitigate potential impacts. LDR mandated front setbacks of 25 feet in the RM -8 district and 20 feet in the RS -6 district combine with the 65 feet of public road right-of-way for 90th Avenue to ensure that there is at least 110 feet between buildings in the adjoining districts. For these reasons, staff feels that development under the requested RM -8 zoning district would not result in incompatibilities with the surrounding area. Potential Impact on Environmental Quality The proposed rezoning from A-1 to RM -8 would not result in an increase in potential adverse environmental impacts associated with site development. Since agricultural use is largely exempt from county permitting, the county, in fact, has more opportunity to regulate impacts associated with residential development than impacts associated with agricultural use. Residential development of the property will be subject to a number._ of environmental permits, including land clearing and tree removal APRIL 49 1995 42 _permits. The county's native upland plant community set-aside requirement may apply to portions of the subject property. Prior to residential development of the site, the applicant would be required to complete an environmental survey to determine whether any jurisdictional wetlands exist on the site. That survey would have to be approved by the county's environmental planning staff. Any jurisdictional wetlands on the parcel, as applicable, are protected by federal, state, and county regulations. For these reasons, no significant adverse environmental impacts associated with this request are anticipated. 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. RECOMMENDATION Based on the analysis, staff recommends that the Board of County Commissioners approve this request to rezone the subject property from A-1 to RM -8. Director Keating reviewed the project for the Board. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. Chairman Macht noted that he had received a communication in opposition to the project which will be a part of the record as follows: March 27, 1995 Mr. John Wachtel, Senior Planner Board of County Commissioners 1840 25th St. IV Vero Beach, Fl. 32960 �, MAR 1995 GOMMUMITY T � IfEVE1.OPVIENT DEPT �! CO Dear Mr. Wachtel, p Reference is made toour certified le y letter dated March 17, 1995. We are opposed to a large apartment complex so close to our property. We see no reason to change the zoning of this property. The high density allowed under the new zoning will fracture the residential environment which surrounds the area and significantly increase the traffic along 90th avenue creating further safety concerns. We also believe that such a large apartment complex would deter or slow the development of the commercial zone south of the proposed rezoning. BOOK 9FAf C 791APRIL 4, 1995 4 3 BOOK 94 PAGE 792 There is enough trespassing, dumping and vandalism which has occurred in the past on our property with only residential development in the area. I do not believe it was the intent of the comprehensive development plan to allow large apartment complexes in this area and request that such a complex not be allowed there. Please advise me in writing the results of the meeting and procedure for appealing any decision. Sincerely, 6v3 � Ed Walker Box 536 Vero Beach, Fl. 32961-0536 Phone: 407-355-3078 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously adopted Ordinance 95-09 amending the Zoning Ordinance and the accompanying zoning map from A-1 to RM -8 for the property located on the West side of 90th Avenue, South of 26th Street. ORDINANCE NO. 95-09 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM A-1 TO RM -8, FOR THE PROPERTY LOCATED ON THE WEST SIDE OF 90TH AVENUE, SOUTH OF 26TH 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; "IUL 49 1995 44 NOW, THEREFORE, ORDINANCE 95-09 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: The north 13.33 acres of the south 20 acres of Tract 1, Section 3, Township 33S, Range 38E, 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 Couhty, Florida; said lands now lying and being in Indian River County, Florida; and subject to easements, and restrictions of record. Be changed from A-1 to RM -8. 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 4th day of April, 1995. This ordinance was advertised in the Vero Beach Press -Journal on the 14th day of March, 1995 for a public hearing to be held on the 4th day of April, 1995 at which time it was moved for adoption by Commissioner Eggert , seconded by Commissioner gird and adopted by the following vote: Chairman Kenneth R. Macht jAvN�_ Vice -Chairman Fran B. Adams YP Commissioner Richard N. Bird AXP Commissioner Carolyn K. Eggert As, Commissioner John W. Tippin Ai,P BOARD OF COUNTY COMMISSIONERS OF BY: ATTEST BY .C. b®oK 94 PACE 793 APRIL, 4, 1995 45 Boa 94 PAGE 794 ORDINANCE 95-09 Acknowledgement by the Department of State of the State of Florida this day of. , 1995. Effective Date: Acknowledgement from the Department of State received on this day of , 1995, at A.M./P.M.-and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY G. rva.. .a. aNGa4;aay, Community Developm II, Deputy Coun r D a tor Attorney EROSION CONTROL DISTRICT/FRANK ZOR Deferred. ADM MSTRATION BUILDING SPACE NEEDS The Board reviewed a Memorandum of March 2, 1995: DATE: MARCH 2, 1995 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS TBRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVICES SUBJECT: ADMINISTRATION BUILDING SPACE NEEDS BACKGROUND: In January of this year, staff presented a recommendation to the Board for selection of an architect/engineering firm to proceed with renovation plans associated with the Administration Building HVAC system and relocation of certain offices to help relieve over crowding in the building. The building renovations were results of a space' needs assessment performed by staff to review the Administration Building space as it was presently being utilized and formulated various alternatives to maximize the use of all available buildings. This proposal was presented last year at the one cent sales tax budget session and funded. At the January meeting, staff requested authorization to select a architect to proceed with the proposed renovations, however, the Board instructed staff to review the proposal and possibly develop another proposal to keep all their departments on the Administration Building site. APRIL 4, 1995 46 Chart A depicts the square footage that is presently assigned to the affected departments and their predicted needs in 1995. CHART A DEPARTMENT PRESENT 1995 Utilities 4,987 8,527 Emergency Services 2,380 13,760 Animal Control 800 (Inc.in Emg.Serv.) Risk Management 750 750 Personnel 1,078 1,622 Data Processing 2,000 3,000 Central Services 672 672 - Finance 3,414 3,235 Chart B depicts the various "County owned facilities" and their respective square footage. CHART B STRUCTURE SQUARE FEET Old State Attorney Building 6,075 Courthouse Annex 14,332 Old Health Building 6,151 Administration Building Storage Space 2,176 ALTERNATIVE I This alternative would allow the Courthouse Annex building to be renovated and move Utility Services into that facility. Then expand Emergency Services into the old Utility Services area. This would allow Utilities to have approximately 12,158, net square feet. Although VOA indicated in their report Utilities would need 8,527 square feet in 1995, it is felt the need could exceed the estimation due to their rate of growth. Renovation cost for this alternative is estimated at $402,364 plus architect and engineering cost of about $28,636 for a total of $431,000. Included in this cost is an elevator and drive -up window. Furnishings are not included in this figure, however, they are estimated to be $50,000 to $60,000 depending on the amount of space renovated and amount of present furnishings that are used. APRIL 49 1995 47 BOOK 9 PAu 79 BOOK 94PAGE 796 The next part of this alternative is to expand Emergency Services into the old Utilities Space. This would provide them with an additional 4,987 square feet of new space. Adding in the First Floor Conference Room would give them a grand total of 8,767 square feet of usable space. VOA indicated that Emergency Services would need 13,760 square feet of space by 1995. Included in that total is 5,600 square feet for an EOC that included executive offices, living facilities, mechanical room, office for law enforcement, and a conference room. Cost to renovate the old Utilities space to meet Emergency Management's needs is estimated at $22 per square foot or about $110,000 total. Monies for furnishings is unknown in that personnel to be moved into the new space already have furniture. Some,of the considerations in this alternative would be: 1. Inconvenience for people obtaining various development permits with Utility Services being five blocks away from the Building and Planning Division. 2. Cost of remote Token Ring computer, equipment ($15,000) and two dedicated telephone lines ($100. per month). 3. Does not address our long term space needs. 4. Provides a drive -up facility and sufficient parking. 5. EOC will remain in Administration Building. 6. Less expensive than Alternative II. In conjunction with this Alternative and Alternative II the following moves could be made to relieve other space need problems. 1. Renovate the storage area located on the first floor of Administration Building and move Data Processing into that space. This would provide them with about 2,176 square feet of usable space. VOA indicated they would need 3,000 square feet by 1995. Putting them on the first floor would eliminate some of the structural problems that have and will continue to exist due to weight being placed on the floor where they are presently located. It would also allow us to "customize" an area for their specific needs. Estimated cost to renovate and move into this space approximately $66,000. 2. Move Risk Management into a portion of the old Data Processing area. Approximate cost to be $3,000. 3. Move mail room into the old Risk Management space. Approximate cost to be $3,000. 4. Tax Collector to expand into the old mail room and adjoining spare office area. He could move his mailing operations and bookkeeping there. Cost is estimated at $3,000. 5. Expand Personnel into the Tax Collector's present bookkeeping space. This would give them a much needed additional office. -Cost estimated at $1,000. APRIL 49 1995 48 w r 6. Move the Tax Collector's and Property Appraiser's storage into the area presently occupied by Animal Control. Should this not suffice we would need to find some off-site storage. Total estimated cost for Alternative I is $617,000, excluding furnishings, which was budgeted in fiscal year 1994/95 Sales Tax. ALTERNATIVE II This alternative would be to renovate the Courthouse Annex, move Emergency Services into that facility and expand Utilities into their old location. Emergency Services would then have a total or 14,332 square feet of space as compared to VOA's estimated need of 13,760 square feet in 1995. Doug Wright has informed this office that he would like to combine the Fire Service administration from Station 1 into the additional space and relocate MED I into Station 1. This would allow the old MED I building to be taken out of service which is in bad need of repairs. Estimated cost to renovate the Courthouse Annex building to meet Emergency Services' needs is approximately $50 per square foot or about $800,000. This would include an emergency generator and elevator. The next step in this alternative is to expand Utility Services into what is now Emergency Services. This would give Utilities an additional 2,380 square feet of space which equates to a total -of - 7,367 square feet. Included in this alternative is the moving of SWDD personnel to their new building at the landfill site. This amount of space is taken into consideration and deducted from Utilities' requirement. Cost to renovate the old Emergency Services space to meet the needs of Utilities is estimated to be at $25 per square foot or approximately $60,000. Furnishings for*the space is estimated to be an additional $15,000. Some of the considerations in this alternative would be: 1. The structural soundness of the Annex Building may or may not be good as the Administration Building. 2. The Annex has roof top air conditioners that could pose a problem in intense hurricane type weather. 3. This alternative would not provide Utility Services with a drive -up window or accommodate short time parking for those customers who desire to go in the office and pay their bills. 4. Will require additional funding above Alternative I. 5. The EOC,would be away from the Administration Buildings and would cause a problem in coordination and communicating during the time of an emergency. 6. Does not address our long-term space requirements. 7. Will provide Emergency Services with sufficient space. Total estimated cost for this alternative is $936,000. which includes the moving and renovating of other offices as described under Alternative I, excluding furnishings. BOOK 94 PA.U..797 APRIL, 49 1995 49 F_ BOOK 94 PACS 798 ALTERNATIVE III A number of assumptions have been made in developing this alternative. They are based on information obtained from staff, other personnel and available records. These assumptions should be verified by qualified experts in the applicable disciplines, to determine whether they are valid and the cost estimate are real. This alternative is a two phase project. It is designed to keep all operations under the same roof. Specifically the present Administration Building site. Phase one is to add a 4th floor to the portion of the present Administration Building that was designed to accommodate that construction. This would provide approximately 12,000 additional square feet. Relocate the following personnel and Offices to the new floor: OFFICE County Administrator General Services Attorneys Personnel Data Processing Risk Management Management & Budget TOTAL PRESENT SQUARE FEET 940 348 1,183 840 2,321 360 956 6,948 Along with this phase would be to relocate the mail room to part of Risk Management's present office space. Renovate all the space vacated on the first floor to meet the needs Of Utility Services. Included in the renovation would be to enclose the courtyard located north of the Administrator's office to include two floors which would equate to approximately 9,000 square feet of space and allow construction of a drive -up facility. The VOA study indicated Utilities would need 8,500 S.F. in 1995. If the courtyard addition were limited to one floor it would reduce the total area to about 8,000 square feet. Included in this alternative would be to renovate the space vacated by Utilities and relocate Emergency Services in that space as discussed in Alternative I. Moving OMB to the 4th floor would give Public Works some much needed additional space. Total estimated cost to complete this phase of Alternative III, is approximately $1,765,000. This scenario would equate to approximately 97,800 square feet of space compared to 135,554 square feet, the VOA study recommended by 1995. However, it is important to note that the VOA study was keyed on the estimated increase in personnel for the various - departments during a period of time. That actual increase in personnel has not occurred, as of this date. APRIL, 49 1995 50 M The second phase of this alternative is keyed on what the School District intends to do about additional space for their administrative operations. They presently occupy approximately 20,000 square feet of space, in the east wing of the Administration Building complex. Staff met with Roger Dearing, School District Superintendent in an effort to determine how and when they were going to address their administrative space needs problem. He stated that they definitely need more space for their operations. However, a specific analysis had not been prepared to date. In the general discussion alternatives ranged from relocating this operation in another building, to staying in their present location and expanding should the Board of County. Commissioners move out. However, should the School District decide to vacate their present location, County Administration could move into that area. This 20,000 square feet of additional space could possibly prolong new construction of an additional wing. That would have to be evaluated at the time, the -move takes place. If the district moves, a modified version of one of the options suggested by VOA could be implemented. That is to demolish the wing presently occupied by the School District, construct a multi story wing, and renovate the remaining portion of the old Administration Building. The exact size of this new wing and number of stories would be determined at the appropriate time, since square footage had been added with 4th floor and court yard. If the School District remains in their present location a new wing could be located to the east of the present building. The exact size would be determined at the appropriate time Incorporated into any of these alternatives would be the HVAC renovations that are scheduled. The Architect/Engineer that is hired would be charged with the task of evaluating which ever - alternative selected and recommend the appropriate modifications. Alternative III could greatly change what was originally recommended by the consultant for renovations to the Administration Building HVAC system. If Alternative III is pursued available budgeted dollars would not cover the projected cost. Therefore, staff would recommend that all the surplus buildings, old Health Clinic, Courthouse Annex, and State Attorney Building, be sold to off -set some of the additional cost of this Alternative. Storage that was originally scheduled for the old State Attorney building would have to be addressed. This could be remedied by using part of the renovated old courthouse should that project take place. I _ Long range Alternative III may be most cost effective. However, in developing Alternative III a lot of assumptions were made as related to construction cost and structural feasibility. RECOMMENDATIONS: Staff recommends that a professional architect/engineering firm be hired under the guidelines of the Consultant's Competitive Negotiation Act (CCNA). Once engaged, part of their scope of work would be: Bou 94 FACE. 799 APRIL 49 1995 51 PAUIE 8'00 1. Verify the accuracy of assumptions made in Alternative III and ascertain the anticipated cost. 2. Evaluate the various alternatives for either a long term or short term basis and present those findings along with a recommendation to the Board of County Commissioners. 3. DeteYmine the most practical and economical way to renovate the Administration Building's HVAC systems as recommended by the Gee and Jenson report. Prepare plans and specifications to accomplish the recommended work. Director Dean presented the alternatives to the Board and. explained that the recommendations are based on each department's space needs and an effort to relieve overcrowding. Staff is requesting that one of the alternatives be approved for commencement with the HVAC renovations recommended by the Gee & Jenson air quality report. $617,000 has been budgeted which would cover the cost to relocate the Utilities Department to the old courthouse annex building. The cost to relocate the Emergency Services Department to the old courthouse annex building would be approximately $936,000. The Board indicated at a January meeting that they would prefer all staff to remain under one roof. In late January, Tax Collector Karl Zimmermann indicated he would like to stay where he is. Staff also was advised by Property Appraiser Nolte that he will do whatever the Board decides but will need the same amount of square footage. Dr. Roger Dearing of the School District advised he had not had time to make any definitive estimates but is sure the School Board will need to expand. Based on the information gathered, staff has developed and is recommending Alternative III. The total estimate is $1,765,000 for the first phase of Alternative III and staff is recommending selling the surplus buildings to help alleviate the additional costs. The State Attorney's building was appraised in 1991 at $375,000; the old courthouse annex building was reappraised in 1994 at $300,000; the old health department building has not been appraised but is valued by the property appraiser at $481,000. Staff feels Alternative III is the most cost effective, long range plan. However, qualified experts with expertise in the field are needed to evaluate staff's assumptions and staff is recommending hiring a professional architectural/engineering firm with a scope of work to include verifying the accuracy of assumptions made in Alternative III and ascertaining the anticipated costs. The various alternatives also need to be evaluated for long or short- term viability and determination should be made as to the most practical and economical way to complete the renovation of the HVAC system in the Administration Building, dependent upon the alternative chosen. APRIL, 49 1995 52 M Chairman Macht added that he also had a conversation with Dr. Dearing at the School Board who indicated the School Board has no plans in the next 10 years to move from the current building; a recent conversation with Tax Collector Zimmermann indicated that he plans to move to a stand-alone building within the next year. Dr. Dearing had also indicated an interest in the State Attorney's building for use as an adult education building. Commissioner Eggert felt that it is important to keep the various departments together because so many projects require close communication between the departments. She also would like to see the environmental health department brought into the Administration Building. Commissioner Tippin questioned adding a 4th floor and Director Dean explained that the original plans were drawn with the ability to accommodate an additional floor in that area. Chairman Macht reiterated that Tax Collector Zimmermann has advised that he has plans to lease a building in the very near future. He emphasized that Mr. Zimmermann should be allowed to speak for himself but the impression given was that he would like to lease a building and move his department in the near future. Commissioner Adams questioned how much space would be available if the Tax Collector's office was moved, and Director Dean advised that department occupies approximately 4,000 square feet. Commissioner Tippin questioned the difference between the cost to move the Utilities Department and the cost to move Emergency Services, and Director Dean responded that there would be additional renovations required to move Emergency Services, such as adding a generator and meeting their requirements for staffing and keeping people overnight. Administrator Chandler added that part of the cost would be creating an emergency operating center. Director of Emergency Services Doug Wright explained that a large portion of the additional funds would be designated for relocating all types of communications equipment, as well as satellite weather equipment.* "PIM 4, 1995 53 f Boa 94 PAGE 802 Chairman Macht felt that it would not make sense to move Emergency Services as that would add an element of risk. Director Dean also noted that Mr. Wright had indicated he would like to move Medical 1 to Fire Station 1, bring all the administrative staff in with him, and dispose of the property at Medical 1. Chairman Macht felt it would be in the best interest of the County to consider Alternative III. Whatever the Board decides, there should be at least a 15 -year life to the plan; otherwise it would not be in the best interest of the taxpayers. If the School Board should move in 5 to 10 years, additional expansion room would be available at practically no cost. If they don't move, an expansion on the east side of that building also would be very economical. Commissioner Bird stressed that the Board should look at parking needs whatever the alternative chosen. He felt that a real disservice is being done to the public that has to use this building with available parking being as removed as it is, especially Tax Collector Zimmermann's office. Administrator Chandler explained that parking needs have been considered and if the Utilities Department took over the first floor area of the administration building, consideration has been given to the circular drive-through and perhaps short term parking of 5 to 10 minutes. He again cautioned the Board that verification is needed for the estimates supplied by staff. Commissioner Bird cautioned about adequate parking for the old courthouse and annex. At this point, both buildings are sharing one parking lot. Chairman Macht noted there are 2 or 3 available lots across the street from those buildings which could be utilized for parking. He stressed that the old courthouse annex building is a very substantial building. Administrator Chandler commented that both the State Attorney's building and the old courthouse annex building are very good, marketable buildings, but he was under the impression that real estate will not do much in the next several years. APRIL 49 1995 54 Commissioner Eggert questioned the cost of hiring a professional architectural firm, and Director Dean advised that they usually use 8% of the construction estimate as a ballpark f igure . Chairman Macht pointed out that it will be a paid -for facility when the renovations are completed, with no bonds to be sold or taxes to be increased. Commissioner Adams felt that, regardless of the alternative chosen, we are still looking at a 2 to 3 year process and we still need to solve the problem of better access for the public in paying utility bills., She suggested a temporary drop box and felt that $10,000-12,000 for a cubicle would not be as costly as the problems currently being experienced. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved Alternative III, as recommended by staff. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Eggert, that the Board request staff to investigate and bring back recommendations within 30 days for a drop box for payment of utility bills. Under discussion, Chairman Macht reminded the Board that he had mentioned several times that the City of Vero Beach has offered to collect utility payments for the County at its drive -up for a very small fee which seemed to him to be more practical as.a_short term solution. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. BOOK 94 PAGE 803 APRIL 49 1995 55 BOOK 94 PAGE 804 BID #5046/SOUTH REGIONAL EFFLUENT REUSE PUNTING STATION The Board reviewed a Memorandum of March 23, 1995: DATE: March 23, 1995 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Directo�. General Services FROM: Fran Boynton Powell, Purchasing Manager SUBJ: Award Bid 15046/South Regional Effluent Reuse Pumping Station Utilities Department BACKGROUND -INFORMATION: Bid Opening Date: Advertising Dates: Advertisement Mailed to: Replies: Statement of "No Bids" Prime Construction Orlando, FL JoBear, Inc Palm Bay, FL Florida Design Contractors Lake Park, FL Encore Construction Altamonte Springs, FL TLC Diversified West Palm Beach, FL Hall Contracting Clearwater, FL Strickler Brothers Ft Myers, FL Stormwater & Underground Titusville, FL February 23, 1995 1-24, 31, 2-4, 14, 21, 1995 Twenty Seven (27) Vendors Ten (10) Vendors -0- BID TOTAL $412,000.00 $434,985.00 $438,100.00 $439,874.00 $444,910.00 $461,974.33 $517,153.00 $531,000.00 Martin Paving $539,500.00 'Vero Beach, FL John J Kirlin $646,000.00 Ft Lauderdale; FL TOTAL AMOUNT OF BID $412,000.00 SOURCE OF FUNDS Utilities Impact Fees - 474-000-169-218.00 $450,000.00 Staff recommends that the bid be awarded to Prime construatiaa Or -Am 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. APRIL 4, 1995 56 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously awarded Bid #5046 to Prime Construction Group, Inc. in the amount of $412,000, as recommended by staff. BID #5046 WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED BID #5047/SOUTH REGIONAL EFFLUENT REUSE TRANSMISSION The Board reviewed a Memorandum of March 16, 1995: DATE:March 16, 199 f - TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Adm istrator H.T. "Sonny" Dean, Direct jj General Services FROM: Fran Boynton Powell, Purchasing Managerjki� SUBJ: Award Bid #5047/South Regional Effluent Reuse Transmission Main - Utilities Department BACKGROUND INFORMATION: Bid Opening Date: February 23, 1995 Advertising Dates: 1-24, 31, 2-41 14, 21, 1995 Advertisement Mailed to: Twenty Seven (27) Vendors Replies: Seven (7) Vendors Statement of "No Bids" -0- VENDOR BID TOTAL McGrand and Associates $1,800,178.27 Blane, MN Martin Paving $1,866,512.06 Vero Beach, FL Stormwater & Underground $2,030,040.20 Titusville, FL Hall Contracting $2,054,484.41 St Petersburg, FL Derrico Construction $2,064,076.65 Melbourne, FL JoBear, Inc $21110,734.92 Palm Bay, FL Speegle Construction $2,137,000.00 Cocoa, FL TOTAL AMOUNT OF BID $1,800,178.27 BOOK 94 PAGE 805 APRIL 49 1995 57 SOURCE OF FUNDS Utilities Impact Fees - 474-000-169-261.00 ESTIMATED BUDGET RECOMMENDATION $1,875,767.40 Staff recommends --that the bid be awarded.to NaGrand Associates 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 Tippin, that the Board award Bid #5047 to McGrand & Associates in the amount of $1,800,178.27. Under discussion, Commissioner Adams expressed concern that McGrand & Associates has had problems with surface restoration and the surface restoration in this project is allocated at $142,000. She also noted a $66,000 difference between the first and second vendors and stated she would like to see the County go with a local company. She understood that McGrand & Associates has an agent in Florida now and is licensed in Florida, but nevertheless is a Minnesota company. Steve Snoberger, project engineer of Carter Associates, advised that when the bids came in, they had been requested to review them and, as a part of that review, they contacted Dale Kemp, the chief inspector on a current Sebring project, and William Keckman, a Highlands County engineer, who both stated that McGrand is an excellent pipe layer but has been experiencing problems with restoration. Commissioner Adams reminded the Board that restoration had been a problem in the past and that the County had expended additional monies and labor in attempting to solve the problems. She felt she would be more comfortable with a local firm. Commissioner Bird asked to hear from the Utilities Department Director and Director Terry Pinto responded that the firm who is going to do the better restoration would be his choice and that he has nothing other than the reference check from the engineer to go by. APRIL 49 1995 58 Commissioner Eggert inquired if the reference supplied by the engineer was a concern to the Board, and Commissioner Bird commented that the County has had positive experiences in the past with Martin Paving on restoration. COMMISSIONER EGGERT WITHDREW HER MOTION TO AWARD BID TO McGRAND AND SUGGESTED INSTEAD THE BID BE AWARDED TO MARTIN PAVING. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously awarded Bid #5047 to Martin Paving in the amount of $1,866,512.06, due` to restoration problems with McGrand & Associates. (See Following Motion) After discussion' -6f several other items, the Board agreed to reconsider Bid #5047 awarded to Martin Paving. Commissioner Adams felt that the matter should be tabled for more information due to the revelation by the County Attorney that Martin Paving has filed suit against the County for $300,000 on the new courthouse building. Commissioner Eggert inquired if this item should be postponed for one week, two weeks, or a time certain, and Commissioner Tippin said that he would be happy to act on the problem right now. He felt that the engineer had given the County a letter of recommendation and, as long as McGrand & Associates has agreed to the terms and the County has emphasized that it is particularly concerned about the restoration aspect of the project, then the County should go with McGrand as the low bidder. MOTION WAS MADE by Commissioner Tippin, SECONDED by Commissioner Eggert, that the Board award Bid #5047 to McGrand and Associates (instead of Martin Paving) in the amount of $1,800,178.27, as recommended by the engineer. Under discussion, Commissioner Bird felt that, unless you have pretty compelling evidence against the low bidder, the bidding process is damaged when someone other than the low bidder is chosen. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. 900K 94 PaGe 807 APRIL 4, 1995 5 9 L 'A �ooK 94 PACE 80 BID #5035/82ND AVENUE WATER MAIN The Board reviewed a Memorandum of March 22, 1995: DATE: March 22, 1995 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director��! General Services 11 FROM: Fran Boynton Powell, Purchasing Manager SUBJ: Award Bid #5035/82nd Avenue Water Main Utilities Department BACKGROUND INFORMATION: Bid Opening Date: Advertising Dates: Advertisements Mailed To: Replies: Statement of "No Bid" VENDOR ORIGINAL TOTAL _ Derrico Construction 539,155.00 Melbourne, FL JoBear, Inc Palm Bay, FL Tri -Sure Corp Auburndale, FL Driveways, Inc Titusville, FL 540,880.00 556,775.00 575,718.00 Speegle Construction 587,000.00 Cocoa, FL RK Contractors Pt St Lucie, FL Martin Paving Vero Beach, FL Strickler Brothers Ft Myers, FL 589,795.00 595,505.00 595,561.00 Treasure Coast Cont. 648,846.00 Vero Beach, FL February 8, 1995 January 6, 11, 18, 1995 Thirty -Two (32) Vendors Nine (9) Vendors -0- IRRECTED AMEMDED TOTAL TOTAL 430,430.00 469,640.00 482,375.00 458,520.00 467,950.00 507,495.00 592,905.00 481,860.00 470,511.00 534,556.00 TOTAL AMOUNT OF BID $430,430.00 SOURCE OF FUNDS 472-000-169-220.00 Utilities General Impact Fees ESTIMATED BUDGET $442,745.00 APRIL 49 1995 60 RECOMMENDATION Staff recommends that the bid be awarded to Derrico Construction as the lowest, most responsive and responsible bidder for the modified project scope as further outlined in the departmental recommendation and analysis. (Exhibit A) In addition, staff requests Board approval of the attached Agreement as to form, when all requirements are met and approved by the County Attorney. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously awarded Bid #5035 to Derrico Construction in the amount of $430,430, as recommended by staff. BID #5035 IS ON FILE IN THE OFFICE OF THE _"' (CLERK TO THE BOARD J 1995-96 BUDGET WORKSHOPMEARING SCHEDULE The Board reviewed a Memorandum of March 29, 1995: TO: Members of the Board of County Commissioners DATE: March 29, 1995 SUBJECT: 1995/96 BUDGET WORKSHOP/HEARING SCHEDULE FROM: Joseph A. Baird OMB Director Staff has listed below the proposed 1995/96 budget workshop and hearing dates for the Commissioner's to set a calendar so we can plan the budget schedule in advance and notify the Constitutional Officers, state agencies, non-profit agencies and all interested parties. July 7 Q 14, 1995 Board of County Commissioners to receive "Budget Pack". Friday July 11 or 18, 1995 BEGIN SCHEDULED BUDGET WORKSHOP Tuesday September 6, 1995 Public Hearing on TENTATIVE budget and proposed Wednesday millage rate at 5:01 p.m. September 14, 1995 FINAL budget hearing at 5:01 p.m. BooK 94 P,,f,F.8B"9 APRIL 49 1995 61 Boa 94 PAS EB1® Chairman Macht inquired if a preliminary workshop could be scheduled sometime in May. Director Baird reminded the Board that one of the problems on the expense side is that a lot of the required information comes from state agencies which are going through the legislative process during that time and we will not have those figures available. In addition, figures on state revenues and ad valorem tax will not be available until June 30, but we could have a workshop based on the information we do have. Director Baird inquired about the Board's goals for this year, and Commissioner Tippin commented that frugality is still in. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved July 7, 1995 as the date for receipt of the "Budget Pack"; July 11, 1995 as the scheduled Budget Workshop; as recommended by staff; and directed staff to set up a preliminary workshop during May, 1995. DISTRICT 2 TRAFFIC IMPACT FEE ALLOCATION/CITY OF VERO BEACHWA MPROVEMENTS/BUDGET AMENDMENT 015 The Board reviewed•a Memorandum of March 24, 1995: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Directo SUBJECT: District 2 Traffic Impact Fee Allocation to City of Vero Beach for AlA Improvements - BUDGET AMENDMENT 015 REF. LETTER: Steve Maillet, CVB Director of Finance, to Jim Davis dated Feb.22, 1995 DATE: March 24, 1995 DESCRIPTION AND CONDITIONS On May 11, 1993, the Board approved District 2 Traffic Impact Fee (T.I.F.) Funding in the amount of $300,000 for AlA Widening'Improvements south of Beachland Blvd. The City of Vero Beach Public Works Department staff has managed the project. The DOT - funded construction, however, the City retained the engineering firm of Keith and Schnars, Inc., to provide design and construction inspection services. The project is now complete. The total cost of roadway design and inspection was $580,951.55. The City is now requesting reimbursement from the District 2 T.I.F. Fund. The balance of the Fund as of Feb. 28, 1995 was $976,310.17. APRIL 49 1995 Currently, liquidated damages are being withheld from the contractor due to the project not being completed on time. Litigation is pending. Of the requested $580,951.55, $336,468.42 is for design related costs. ALTERNATIVES AND ANALYSIS If all payments requested by the City is approved, approximately $395,358.62 will be available for widening improvement to AIA in the Moorings area. This project is expected to commence July 1995. No other projects are anticipated in District 2 in the near future. The recently completed County Traffic Modeling Project has determined that South AIA will need two additional lanes by the year 2020. The Florida DOT will be asked to fund that project. The alternatives presented are as follows: Alternative No. 1 Approve payment to the City in the amount of $336,468.42 at this time until litigation is complete. The additional request for $244,483.13 can be - considered at a later date. Alternative No. 2 Approve the entire request. RECOMMENDATIONS AND FUNDING The Public Works Department staff recommends Alternative No. 1. Funding in the amount of $336,468.42 to be from District 2 T.I.F. Fund. Approval of the attached Budget Amendment #015 is also requested. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Tippin, that the Board approve payment to the City of Vero Beach in the amount of $336,468.42 with funding from District 2 Traffic Impact Fees, and approve Budget Amendment 015: Under discussion, Commissioner Bird questioned the basis for withholding the $244,000, and Administrator Chandler responded that the amount originally estimated for the project was $300,000. Due to problems with the project the final bill is $580,000. Public Works Director Jim Davis is recommending that we pay $336,000 which is tied to the design and withhold $244,000 until we see the result of litigation on liquidated damages with the contractor. If they are successful, they may be able to offset some of the expense. Director Davis has spoken with the City and they do not have any objections at this time. County Engineer Roger Cain explained that the County, City and State are in a cooperative effort to do these improvements and $336,000 of the funds are related to design and construction inspection and are not in dispute. ®o0K 94 Far, 8-11 APRIL 49 1995 63 BOOK 94 PAu812 THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. TO: Members of the Board of County Commissioners FROM: Joseph A Bair OMB Director BUDGET AMENDMENT: 015 DATE: March 27, 1995 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. EXPENDITURES: ROAD IMPROVEMENT FEES/DISTRICT 2 Construction in Progress 101-152-541-066.51 $336,469 $0 REVENUE ILROAD IMPROVEMENT FEES/Cash Forward 101-000-389-040.00 1 $336,469 $0 GOLF COURSE TUNNELS BENEATH HIGHLAND DRIVE AND 6TH AVENUE/INDIAN RIVER COUNTRY CLUB The Board reviewed a Memorandum of March 29, 1995: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E. Public Works Director SUBJECT: Agreement for Construction of Golf Course Tunnels Beneath Highland Drive (23rd Street SW) and 6th Avenue SW Requested by Indian River Country Club REF. LETTER: Keith Pelan, Urban Resource Group, to Jim Davis dated Mar 20, 1995 DATE: March 29, 1995 DESCRIPTION AND CONDITIONS The Developer of the Indian River Club located along 23rd Street SW(Highland Drive) in Vero Beach. Highlands is requesting a license agreement to allow construction of three below grade golf cart tunnels, two beneath Highland Drive and one beneath 6th Avenue SW. Staff is in support of the tunnel crossings since they would provide safer crossing of the County road by golf course traffic. ALTERNATIVES AND ANALYSIS The attached agreements have been prepared by the Public Works Department and developer. They are similar to those agreements between the County and Grand Harbor for the tunnel crossing beneath Indian River Blvd. The alternatives presented are as follows: 1995 � r � Alternative No. 1 Approve the attached license agreements. In -addition, the developer wishes to close Highland Drive and 6th Avenue during construction. A short detour route using 6th Avenue, Sunset Drive, and 21st Street (less than % mile) will be utilized. In addition, the work will be undertaken this summer when traffic volumes are less than annual average conditions. The proposed closing has been fully discussed with Emergency Services and no problems are foreseen. Two additional accesses to Vero Beach Highlands (20th Avenue and 17th Lane SW) are available for use, as well as the short detour. Closing the road for approximately 60 days will allow for quicker construction. Alternative No. 2 _ Approve the agreements, but do not permit the roads to be closed to traffic. Alternative No. 3 Deny approval of the agreements. RECOMMENDATIONS AND FUNDING - Due to long term safety -benefits, staff recommends Alternative No. 1. No county funding applicable. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Tippin, that the Board approve Alternative 1, as recommended by staff and authorize the Chairman to execute the Agreements. Under discussion, Chairman Macht wondered if a time limit should be set for closure of the roads and County Engineer Roger Cain advised that they will be recommending 60 days to the contractor. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD BOOK 94 P�cF 81.3 APRIL 4, 1995 6 5 BOOK 94 PAGE 814 SEWER SERVICE/129TH STREET BETWEEN OLD DIM AND RIVERSIDE DRIVE The Board reviewed a Memorandum of March 24, 1995: DATE: MARCH 24, 1995 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PI DIRECTOR OF WYYTSEIRVICE PREPARED JAMES D. CHASTAI AND STAFFED MANAGER OF ASSESTS BY: DEPARTMENT OF UTES SUBJECT: PETITION FOR SEWER SERVICE 129TH STREET (A PORTION OF INDIAN RIVER ACRES SUBDIVISION) BETWEEN OLD DIXIE AND RIVERSIDE DRIVE INDIAN RIVER COUNTY PROJECT NO. IIS -95 -08 -CS BACKGROUND A petition has been received from the residents of 129th Street, an area between Old Dixie and Riverside Drive, north of Sebastian city limits, requesting the County to provide sewer service. This project design was completed in 1991 by Kimball -Lloyd and Associates prior to Sebastian's pulling out of the County's utility system. At that time, the entire project was put on hold. We are now coming to the Board of County Commissioners to seek approval to begin assessment and construction of a portion of this project as described above (see attached petition and tax map). ANALYSIS A petition was mailed to the petitioners' representative on March 15, 1995 and returned March 21, 1995. Eleven owners, or 850 of the 13 lots to benefit from the assessment project have signed the petition. The attached map displays the area to benefit from the assessment project. This project is to be paid through the assessment of property owners along the proposed sewer line route. In the interim, financing will be through the use of impact fee funds. Bidding and contract services will be provided by the Department of Utility Services. RECOMMENDATION The staff of the Department of Utility Services recommends approval of the above -listed project authorizing the Department to proceed with the above -referenced special assessment project as presented. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously approved the 129th Street between Old Dixie and Riverside Drive petition for sewer service and authorized staff to proceed with the special assessment project, as recommended by staff. APRIL 49 1995 - SOUTHEAST INTERSTATE SERVICES. INC./ ER LINE CONSTRUCTION/DEVELOPER'S AGREEMENT The Board reviewed a Memorandum of March 23, 1995: DATE: MARCH 23, 1995 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. P DIRECTOR OF UTILITY RVICES PREPARED WILLIAM F. MICA AND STAFFED CAPITAL PROJ GINEER BY: DEPARTMENT O LITY SERVICES SUBJECT: DEVELOPER'S AGREEMENT WITH SOUTHEAST INTERSTATE SERVICES, INC., FOR WATER LINE CONSTRUCTION BACKGROUND Attached is a proposed developer's agreement with . Southeast Interstate Services, Inc., (Wendy's Restaurant) for reimbursement of oversizing off-site utility construction. The 12 -inch water main routing is required to complete a loop in our existing water system on State Road 60, east of 90th Avenue. (Please see attached location map and aerials.) ANALYSIS The developer's agreement is for the construction of approximately 775 LF of 12 -inch" water main at a total estimated project cost of $22,272.63. Reimbursement for this work is based on hydraulic proportional -sharing of the line with Wendy's portion at $4,454.53 and the County's portion at $17,818.10. (For details of the developer's agreement, please see attached.) The line crosses four other parcels of property, which will also contribute to the costs in the future through the County's line extension charge. The construction of this line will benefit the County's distribution system and, therefore, is viewed by the Utilities Department as beneficial. Funding for this project will be through the impact fee fund initially with future cost recovery as described above. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached developer's agreement as presented. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously approved and authorized the Chairman to execute the Agreement with Southeast Interstate Services, Inc., as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD APRIL 49 1995 67 PREVENTION OF TEENAGE PREGNANCY The Board reviewed a letter of March 21, 1995: STATE OF FLORIDA LAWTON CHILES, GOVERNOR - FLORIDA DEVELOPMENTAL DISABILITIES COUNCIL DR.JOHN DEWITr, CHAIRPERSON K. JOSEPH KRIEGER, EXECU77VE I This past fall a Teenage Pregnancy Prevention Summit was held which brought together individuals and organizations with expertise in the area of teenage pregnancy from both the public and private sectors. One of the goals of the Summit was to recommend policy changes in state law, rule or procedure to increase the effectiveness of=public's e pregnancy prevention efforts. As a way of implementing this goal, it was decided that an increase awareness of the -magnitude of the problem and its consequences was needed. As a first step, an annual Teenage Pregnancy Prevention Awareness Week resolution to be adopted by state polic7makers was recommended, along with the recommendation that in conjunction with the resolution s adoption by the state legislature, communities be encouraged to conduct awareness building activities during the designated week (April 23rd through April 29th). A draft of the resolution is attached. The draft, which was prepared by representatives of several of the concerned organizations, is presently being sent to bill drafting. Senator William H. Turner and Representative Lois Frankel have agreed to sponsor the resolution in the legislature. The draft is being sent to you at this time so that, if you wish to join this effort, you will be able to begin building interest in your community and, perhaps, persuade some of the appropriate entities, such as your school board and city/county commissions, to also adopt a corresponding resolution. In the near future, you will receive- a- packet of materials on additional .awareness building activities that can be used in your community during Teenage Pregnancy Prevention Week. We hope you will join in. If you would like to discuss building awareness of this issue, please do not hesitate to contact me at 904- 922-6709 or Pat Weitzel at 904-487-9461. Very truly yours, 4 Debra Dowds Attachment Public Policy Coordinator DVD:PW:am 820 East Park Avenue ■ Suite 1-100 ■ Tallahassee, Florida 32301-2600 (904) 488-4180 Fax Number (904) 922-6702 APREL 4. 1995 � . March 21, 1995 Joyce Johnson -Carlson 485 Newport Drive Vero Beach, FL 32968 Dear Sir/Madam: This past fall a Teenage Pregnancy Prevention Summit was held which brought together individuals and organizations with expertise in the area of teenage pregnancy from both the public and private sectors. One of the goals of the Summit was to recommend policy changes in state law, rule or procedure to increase the effectiveness of=public's e pregnancy prevention efforts. As a way of implementing this goal, it was decided that an increase awareness of the -magnitude of the problem and its consequences was needed. As a first step, an annual Teenage Pregnancy Prevention Awareness Week resolution to be adopted by state polic7makers was recommended, along with the recommendation that in conjunction with the resolution s adoption by the state legislature, communities be encouraged to conduct awareness building activities during the designated week (April 23rd through April 29th). A draft of the resolution is attached. The draft, which was prepared by representatives of several of the concerned organizations, is presently being sent to bill drafting. Senator William H. Turner and Representative Lois Frankel have agreed to sponsor the resolution in the legislature. The draft is being sent to you at this time so that, if you wish to join this effort, you will be able to begin building interest in your community and, perhaps, persuade some of the appropriate entities, such as your school board and city/county commissions, to also adopt a corresponding resolution. In the near future, you will receive- a- packet of materials on additional .awareness building activities that can be used in your community during Teenage Pregnancy Prevention Week. We hope you will join in. If you would like to discuss building awareness of this issue, please do not hesitate to contact me at 904- 922-6709 or Pat Weitzel at 904-487-9461. Very truly yours, 4 Debra Dowds Attachment Public Policy Coordinator DVD:PW:am 820 East Park Avenue ■ Suite 1-100 ■ Tallahassee, Florida 32301-2600 (904) 488-4180 Fax Number (904) 922-6702 APREL 4. 1995 � . Chairman Macht announced a meeting regarding prevention of teenage pregnancy to be held by the Children's Services Advisory Committee, in cooperation with the Indian River County School Board and others, at the School Board Chambers, to be televised at 7:00 p.m. on April 27. Invitations have been issued to the Board of County Commissioners, the City Councils of Vero Beach, Fellsmere, and Sebastian, the Town Council of Indian River Shores, and the State Attorney's Office and the Sheriff's Department will be represented. He asked the commissioners to put this on their calendars. Commissioner Eggert questioned whether this was a Board meeting, and Chairman Macht responded that this is a joint meeting of all of the bodies mentioned. There would be no need for any action to be taken by the Board as a body as it is an optional meeting, but he wanted the commissioners to be aware of the date and time. CREW NAL TUSTICE COSTS/STATE FUNDING Chairman Macht asked for the Board's cooperation in passing a resolution to be presented to the Legislative Delegation attempting to alleviate the County's burdensome expense in operating the state court system. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 95-54 to the Florida Legislature in support of the State funding criminal justice costs. RESOLUTION NO. 95-54 A RESOLUTION OF THE HOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO THE FLORIDA LEGISLATURE IN SUPPORT OF THE STATE FUNDING CRIMINAL JUSTICE COSTS. WHEREAS, over the years the state has been phasing out its funding for special public defenders; and WHEREAS, as a result of this, the counties finance more of the state court system costs today than the state does; and WHEREAS, because the county's escalating costs are putting a tremendous burden on the general fund; and WHEREAS, the counties can no longer support the state's courts without seeing a total eclipse of other necessary services; APRIL 45 1995 69 BOOK 94 PAu 817 800K 94 PAS - 818 RESOLUTION 95-54 NOWr THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COONTY, FLORIDA, that the Board urges the Florida Legislature and the Governor of the State of Florida to enact legislation which would provide for: I. A uniform accounting system of court costs by all counties. 2. Complete state funding of the constitutional guaranteed right to counsel by paying for the cost of special public defenders. 3. Complete state funding of Article V of the constitution. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Adams ,. and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice Chairman'Fran B. Adams Aye Commissioner Richard N. Bifid Aye Commissioner Carolyn K. Eggert Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 4 day of April, 1995. ta� Jre K. Barto Clerk BOARD OF CO TY COMMI IONER3 INDZ-Kenned�h�19RU COUNTY, F IDA By Macht Chairman INDIAN RIVER GARDEN CLUB/FLOWER SHOW Chairman Macht announced that this Sunday, April 9th, at 11:00 a.m., at the new courthouse, the Indian River Garden Club will present the very first, historic use of that building by the public rather than by*the County in holding the annual Flower Show. He issued an invitation to the public and to the Commissioners and hoped everyone would be able to attend. APIUL 49 1995 M a M --DISCUSSION RE: UTILITY DEPARTMENT POLICIES/ECONOMIC DEVELOPMENT/AFFORDABLE HOUSING/COMPREHENSIVE PLAN Commissioner Eggert stated that she felt the Board needs an overall view of the Utilities Department plans for the coming year as they relate to changes in the Comp Plan. She also expressed her concerns for the Economic Development Council. Some people had been told that they didn't have to pay impact fees until building permit time, only to find that now with the application to DEP for capacity, they are being asked to pay impact fees. She felt the County needs a clarification of those regulations. Also, the Affordable Housing grant has been used to pay some of the liens and some SHIP funds are being used to pay connection fees and things like that, and she felt that's something we need to address. People also are having problems completing projects due to the way the water flow is figured and because of the cost of the County's impact fees. She felt that the Board should request either a meeting or workshop as the Economic Development Council is finishing its strategy plan and the Affordable Housing Advisory committee is talking about various matters. She does not want to go riding down the road and off a cliff because she is alone out there and the Board does not agree with the direction taken. She also wanted to discuss economic incentives to help bring business to the County. There is a report coming from EDC which is a strategy plan suggesting different approaches but it does not address water hook ups; it goes to the marketing plan to bring industry into the County such as tax incentives, payment of SHIP funds and liens, etc. She also felt the Board needs to have a meeting regarding how much support should be given to affordable housing projects and how the County should go about supporting those projects. Commissioner Bird suggested a separate workshop for each topic and expanding the agenda for the date the reports are submitted. Administrator Chandler advised that it would be good to provide a general overview of utilities and its relationship to the Comp Plan inasmuch as we are all but finished on the major assessment programs in the County. There is one small area still to be done that ties into the Comp Plan and there has been some discussion about wastewater sewers. The intent had been to modify the Comp Plan using 1997 changes. He suggested a general overview on where we are. BOOK" 94 Pv F 81 9 APRII, 49 1995 71 BooK 94 p4u RL 0 Commissioner Eggert suggested a strategy and marketing meeting on these topics in 2 months time, with the utilities overview included, which would move us right into some of the tax incentives and affordable housing concerns. Commissioner Bird stated that he would like to see invitations issued to people in industry to take part in the workshop as the Commissioners are all contacted by them saying how much some of the impact fees and other systems are hurting their ability to do their projects and to supply affordable housing. He hoped that some of them would participate in the workshop. Commissioner Eggert suggested we may need to contact DEP to see if there is a way to get them to be a little more helpful. She questioned when to start the base charge that upsets a lot of people when they have to pay it for months and months before they even start to build. She will bring the workshop back before the Board to set up a definite date for sometime in the next 2 months. Chairman Macht commented that he had broader and deeper concerns.about some of the aspects of our utilities system. As an addendum to what Commissioner Eggert is proposing, he would like to discuss some policies relating to relationships with consultants. He felt Vero Lake Estates was a classic example of poor planning. It is one thing to assess a development that has more or less similar lot sizes, but when you get into areas where you have acreage, it is not a good idea to put in a project that would have the effect of practically bankrupting some people who had an intention of developing their property. One of the aspects Commissioner Eggert mentioned is the impact fees and their impact on affordable housing and he would like to know how we stack up with other comparable governmental agencies throughout the state. Are we charging too much? Are our policies uniform? He suspected that we will find that we are probably in better shape than most counties, but he would like to find out. Commissioner Eggert felt as far as the Vero Lake Estates decision is concerned, the planning came from a different point of view, for a different reason and in different times. She believed that a few years makes a lot of difference in how we look at some of these things. _ APRIL 49 1995 7 M � 0 PUBLIC HEALTH DEPARTMENT/DISTRICT 15 Commissioner Eggert stated that a bill is going to the Florida House and Senate right now to pull public health out of HRS. She emphasized that public health has been a good solid thing that was separated from HRS, then put back with HRS, and then taken away again. Her concern is that they are taking $20,000,000 and they want to take it out of the public health trust fund, which is money that should go to services for people. They want to rebuild a new bureaucracy with it and she has a big problem with that. State Senator William "Doc" Myers managed to get the bill through committee. State Senator Patsy Kurth did vote against the deletion of District 15 that we worked so hard to have formed so that we could be split off from Palm Beach. Commissioner Eggert hoped the House will defeat the bill. Evidently the bill is between 10,000 and 14,000 pages long and. they will not duplicate it, even for legislators, so nobody knows 100% what's in it. The House bill is much shorter. If the Board shares her concern for health services, especially for our children, preventive health services and the shift of funds that could go from services to the formation of a a department, she would like the Board to write the proper representatives, senators and Governor Lawton Chiles asking them to veto the bill. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board approved a letter to the Legislators and Governor in opposition to the bill --(to be prepared by Commissioner Eggert). (NOTE: Comm. Eggert telephoned each of the legislators instead of writing a letter.) SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment, the Board would convene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:05 a.m. ATTEST: J. arton, Clerk Z,,� -- - - - �� �/ � 'Kenneth R. Macht, Chairman Minutes Approved: �5 - 1!:::) BOOK 94 FvA F 8? l APRIL 4, 1995 73