HomeMy WebLinkAbout5/2/1995MINUTES mbTTACHED �
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING.
TUESDAY, MAY 2, 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 -
3. PLEDGE OF ALLEGIANCE - Comm. Richard N. Bird
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Added 7-F Proclamation - Soil & Water Stewardship Week
Added 10-B Discussion on need for meeting next week
Added 13-A-2 NACO meeting in July
Added 13-A-3 Support of pending legislation issues
Added 13-A-4 National Volunteer Week Comment
Added 13-D Advertising of 5/18/95 meeting
5. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
Meeting of April 4, 1995
7. CONSENT AGENDA
A. Proclamation Designating Week of May 7-13, 1995—
as Tourism Week in Indian River County
B. Appointment of Councilman Ann Zugelter to the "
Tourist Development Council
( memorandum dated April 21, 1995 )
C. Approval for Comm. Carolyn Eggert and Staff
Member to Attend a Transportation Disadvantaged
Local Coordinating Board Workshop
D. Request to Approve Submission of Transportation
Disadvantaged Program FY 1995/96 Planning Grant
Application
( memorandum dated April 21, 1995 )
E. Progress Report 8 Reimbursement Invoice
1995 Planning Grant Invoice #1
(memorandum dated April.21, 1995)
e
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
ANN ROBINSON, SUPERVISOR OF ELECTIONS:
Elections Budget Amendment
9:05 a.m.. 9. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
B. PUBLIC DISCUSSION ITEMS
None
10. COUNTY ADMINISTRATOR'S MATTERS
Transfer Station Illegal Dumping - Status Report
Regarding Enforcement Measures
( memorandum dated April 26, 1995 )
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
1. Wabasso Corridor Study
( memorandum dated April 25, 1995 )
2. Approval of Hearing Dates for Two Evening
Board Hearings to Consider LDR Amendments
( memorandum dated April 25, 1995 )
3. Approval of Hearing Date for DeBartolo
Mall (Indian River Mall) Development
Order Amendment
( memorandum dated April 26, 1995 )
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
Award Bid #5055 / Phase IV Water Expansion
Contract #1
( memorandum dated April 20, 1995 )
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
- None
F. PERSONNEL
None
G. PUBLIC WORKS
1. Indian River County/Vero Beach PEP Reef
Survey Contract Monitoring Plan
(memorandum dated April 26, 1995)
2. Indian River County/Vero Beach PEP Reef
Aerial Photography with Sebastian Inlet
Tax District
( memorandum -dated April 26, 1995 )
H. UTILITIES
1. 10th Ave./10th Crt. Water Line Replacement
Change Order No. 1 and Final Pay Request
( memorandum dated April 20, 1995 )
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN KENNETH R. MACHT
Comment About County Employees
(no backup provided)
B. VICE CHAIRMAN FRAN B. ADAMS
C. COMMISSIONER RICHARD N. BIRD
D. COMMISSIONER CAROLYN K. ECCERT
E. COMMISSIONER JOHN W. TIPPIN
L-8-014/-9613CJ
11. DEPARTMENTAL MATTERS (cont'd. ):
H. UTILITIES (cont'd.
):
2. 16th St. Water
Line Extension - Change
Order No. 1
and Final Pavy Request
(memorandum
dated April 21, 1995)
3. Petition for Water Service in Miraflores
Unit 2
( memorandum
dated April 18, 1995 )
4. South County
Effluent Pump Station and
Transmission
Main, Engineering Work
Authorization
Addendum No. 1
( memorandum
dated March 29, 1995 )
5. Acquisition of
City of Sebastian Utility
System
(memorandum
dated April 25, 1995)
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN KENNETH R. MACHT
Comment About County Employees
(no backup provided)
B. VICE CHAIRMAN FRAN B. ADAMS
C. COMMISSIONER RICHARD N. BIRD
D. COMMISSIONER CAROLYN K. ECCERT
E. COMMISSIONER JOHN W. TIPPIN
L-8-014/-9613CJ
FF— Bc'q-`a 63v -7
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
None
15. ADJOURNMENT
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE
MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH .THE APPEAL WILL BE BASED.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING
MAY CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA)
COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF -
MEETING. "
Tuesday, May 2, 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, May 2, 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 Barbara
Bonnah, Deputy Clerk.
The Chairman called the meeting to order, and Commissioner
Bird led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Macht requested the following additions to today's
Agenda:
7-F Proclamation - Soil & Water Stewardship Week
13-A-2 NACo Conference in July
13-A-3 Support of pending legislation re legal notices for
government meetings.
13-A-4 Brief comment on National Volunteer Week
Commissioner Adams requested the addition of Item 10-B
Discussion on whether or not there is a need for a BCC meeting next
week.
Later in the meeting, Commissioner Eggert requested the
addition of 13-D - Advertisement of May 18, 1995 workshop meeting
on utility policies and incentives for economic development and
affordable housing.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously added the
above items to today's Agenda.
APPROVAL OF AIENUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of April 4, 1995., .
MAY 2 1995 1 94 9 Do
BOOK 94 PP,, j65
Commissioner Eggert noted that on Page 73 it indicates that a
letter would be sent, but she discovered we had to move faster than
that and she took it on her own to telephone each of the
legislators from her home phone. She felt we would be more
successful if we called them individually.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the Minutes of the Regular Meeting of April 4, 1995,
with the above addition.
CONSENT AGENDA
A. Proclamation - Tourism Week in IRC
PROCLAMATION
WHEREAS, the travel and tourism industry carries tremendous
importance for Indian River County, contributing to our
employment, economic prosperity, international trade and
relations; peace, understanding and goodwill; and
WHEREAS, every citizen benefits from the effects of travel and
tourism. The industry substantially- enhances our
personal growth and education, while promoting
intercultural understanding and appreciation of our
county's geography, history and culture; and
WHEREAS, recognition is given to the unique significance of the
travel and tourism industry in the lives of the citizens
of Indian River County:
NOW, THEREFORE, BE IT PROCLAIMED by the Board of County Commis-
sioners of Indian River County, Florida that the week of
May 7 - 13, 1995 be designated as
TOURISM WEEK
in Indian River County, and the Board encourages our
citizens to observe this week with appropriate ceremonies
and activities.
Adopted this -2 -day of May, 1995.
baaa�rrtBOARD OF COUNTY COMMSSIONERSINDIAN IVER COUNTY, FLORIDAIAIVL
2
MAY 2 1995
B. Appointment to Tourist Development Council
The Board reviewed the following memo dated 4/21/95:
MEMORANDUM
.l
To: Board of County Commissioners
From: John W. Tippin, County Commissioner
Date: April 21, 1995
Re: Appointment to the Tourist Development Council
Please approve the appointment of Councilman Ann
Zugelter, 181 Seaspray Lane, Vero Beach, FL 32963 to fill
the unexpired term of Councilman George Bunnell on the
Tourist Development Council.
Thank you.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the appointment of Ann Zugelter to fill the
unexpired term of George Bunnell on the Tourist
Development Council.
C. Authorization for Out -of -County Travel
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
out -of -county travel. for Commissioner Eggert and
staff member to attend a Transportation
Disadvantaged Local Coordinating Board Workshop in
Ft. Pierce on June 28, 1995.
3 BOCK 9 F�gGE 966MAY 2 1995
D. Transmittal of Transportation Disadvantaged Program Planning
Grant Application - FY 1995-96
The Board reviewed the following memo dated 4/21/95:
TO: James Chandler
.County Administrator
DI SION HEAD CONC NCE:
9
Obert M.eatin , A
Community Devel mer�t irector
FROM: Sasan Rohani, AICP 5"W.
Chief, Long -Range Planning
DATE: April 21, 1995
RE: REQUEST TO APPROVE SUBMISSION OF TRANSPORTATION
DISADVANTAGED PROGRAM FY 1995/96 PLANNING GRANT
APPLICATION
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of May 2, 1995.
DESCRIPTIONS & CONDITIONS
In June of 1990, the Board of County Commissioners was approved by
the state to become the local Designated Official Planning Agency
(DOPA) for the provision of transportation disadvantaged planning.
activities in the area.
For fiscal year 1995/1996, the state has allocated $17,697.00 to
Indian River County for transportation disadvantaged planning
related services. The grant funds are available for the specific
purpose of accomplishing the duties and responsibilities of the
Designated Official Planning Agency (DOPA) as identified in the
Transportatiorr Disadvantaged law, Chapter 427, F.S. and Rule 41-2
FAC. The DOPA is required to apply for the Planning Grant (copy
attached).
As provided for by the state, a Designated Official Planning Agency
may transfer any or all of its unobligated planning grant funds to
the county's non -sponsored trip/equipment grant allocation. Non-.
sponsored trip/equipment grant funds are monies available to the
county's Community Transportation Coordinator (CTC) to cover
capital and operating costs associated with the provision of
transportation disadvantaged service. Essentially, this transfer
provision allows unneeded planning funds to be transferred to the
Community Transportation Coordinator (CTC) to be used for providing
trips.
Based upon a review of the amount of work involved in fulfilling
the county's planning related duties and responsibilities
associated with the Transportation Disadvantaged program, staff has
determined that $4,000.00 of the funds allocated for the planning
grant can be transferred to the CTC for provision of non -sponsored
transportation disadvantaged trips. If approved, the $4,000 will
supplement non -sponsored trip/equipment funds and will be utilized
4
MAY 2 1995
by the Community Transportation Coordinator (I.R.C. Council on
Aging) to provide transportation services to transportation
disadvantaged clients. Since the total number of passenger trips
and the total vehicle trip miles provided through the CTC are two
of the factors included in the state formula for distribution of
trip/equipment funds to the CTCs, any increase in the number of
trips provided through the Community Transportation Coordinator
will also increase the Community Transportation Coordinator's
chance of getting more trip/equipment funding for the next FY.
On April 20, 1995, the Transportation Disadvantaged Local
Coordinating Board discussed and recommended approval of the FY
1995/96 Planning Grant application.
ALTERNATIVES & ANALYSIS
The purpose of the planning grant application is to obtain funds to
cover the planning related costs involved with fulfilling the
county's duties and responsibilities associated with the state
mandated transportation disadvantaged program. The grant monies
are needed to provide monetary support to the county for the
continued provision of planning related services in conjunction
with the local transportation disadvantaged program.
Failure to apply for the grant will result in a lack of funding
from the state for planning related services which are mandated by
the transportation disadvantaged program.
The Board has three major alternatives. One is to apply for the
grant funds as recommended by'staff and the TDLCB. The second
alternative is to apply for the entire amount allocated for the
planning grant and not transfer any funds to the trip/equipment
fund. The third alternative is to not apply for the grant funds,
an action which would make the county ineligible for reimbursement
of monies expended for planning related services.
RECOMMENDATION
The TDLCB and the staff recommend that the Board of County
Commissioners approve the transmittal of the FY 95-96 Planning
Grant application to the state CTD as proposed by staff.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 95-61, filing of Transportation
Disadvantaged Trust Fund Grant Application with the
FCTD.
5
MAY 2 1995 BOOK 9 F���6
BOOK 94 FSE 969
AUTHORIZING RESOLUTION MMIBIT C
Resolution No. 95- b
A RESOLUTION of the Indian River County Board of County Commissioners DOPA ~
filing of a Transportation Disadvantaged Trust Fund Grant Applicationhwith
the Florida Commission for the Transportation Disadvantaged.
WHEREAS, this BOARD has the authority to file a Transportation
Disadvantaged Trust Fund Grant Application and to undertake a
transportation disadvantaged service project as authorized by Section
427.0159, Florida Statutes, and Rule 41-2, F.A.C.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD THAT:
1. The BOARD has the authority to file this grant application.-
2.
pplication:2. The BOARD authorizes Robert M. Keating AICP
to file
and execute the application on behalf of the Indian River County
Board of Count( Commissioners (DOPA) with the Florida Commission for
the Transportation Disadvantaged.
3. The BOARD authorizes Robert M. Keating, PICP
any and all agreements or contracts which are required in
o sign
connection with the application.
4. The BOARD authorizes Robert M. Keating, AICP to
any and all assurances, reiursement invoices,
warranties,sign
mb
certifications and any other documents which may be required in
connection with the application or subsequent agreements.
DULY PASSED AND ADOPTED THIS
iel_ DAY OF_71taek. lg2_
ATTEST:
(Seal required)
s� e . J.K-,- arton
.� ►� �
Form Rev. 12/27/94
MAY 2 1995
M
BOARD OF I.R.C. Board of County COMMissi oners
Commissioner Kenneth R. Macht
Typ,ed name of Chairperson
M
M
PL Grant Appl. Page 4
M
E. 1995 Planning Grant Invoice #1 -- Progress Report & Reimbursement
Invoice
The Board reviewed the following memo dated 4/21/95:
TO: James E. Chandler
County Administrator
DEYARTMENT HEAD CONCURRENCE
Robert M. Ke t g, AIS
Community Deve opme t Director
FROM: Sasan Rohani, AICP 5;./?.
Chief, Long -Range Planning
DATE: April 21, 1995
RE: PROGRESS REPORT & REIMBURSEMENT INVOICE
1995 PLANNING GRANT INVOICE #1
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of May 2, 1995.
DESCRIPTION AND CONDITIONS
It is required, as -part of the Transportation Disadvantaged (TD)
Planning Grant contract between the Indian River County Board of
County Commissioners (BCC) as the Designated Official Planning
Agency (DOPA) and the State of Florida Commission for the
Transportation Disadvantaged (CTD), that periodic progress reports
and reimbursement invoices be submitted. To comply with the CTD's
requirements, staff has prepared a progress report and invoice for
the period from January 1, 1995 to March 31, 1995.
For the 1995 planning grant period, the invoice and progress report
represent the first submittal. This progress report and applicable
finished products, such as the Local Coordinating Board (LCB)
meeting agenda items, by-laws, etc., are required to accompany all
reimbursement invoices.
Attached for your review is a copy of draft invoice #1 and the
progress report. This report, along with the appropriate
supporting documents, will be submitted to the CTD upon the Board
of County Commissioners/DOPA approval.
On April 20, 1995, the Transportation Disadvantaged Local
Coordinating Board (TDLCB) reviewed and approved the attached
progress report and invoice. At that time, the TDLCB recommended
that the Board of County Commissioners, in its capacity as the
Transportation Disadvantaged Program Designated Official Planning
Agency (DOPA), approve the attached progress report and invoice and
forward these to the CTD.
ALTERNATIVES AND ANALYSIS
Attached is a copy of the progress report and invoice for the
January 1, 1995 to March 31, 1995 period.
7 BOOK 94 F.1Gr. 970 tJ
MAY 2 1995
BOOK 94 mfu 971
Finished products such as the TDLCB meeting agenda items, by-laws,
and reports are required to accompany all reimbursement invoices.
These materials will be submitted to the state along with the
reimbursement invoice and the progress report.
The BCC/DOPA's alternatives are either to approve the transmittal
of the Progress Report and he reimbursement
Reporte as and invoiceedwith
r to
approve transmittal of gess
revisions, or to deny the transmittal of the Progress Report and
reimbursement invoice to the state. The last alternative will
cause the coudeed fonot ransportation dimes dv nt ged planning ursement for funds nd staff
related
time expended f P
services.
RECOMMENDATION
The TDLCB and the staff recommend that the Board of County
Commissioners/DOPA approve the Progress Report and reimbursement
invoice #1, and direct
a Florida to transmit Commission the forport and the invoice
the Transportation
to the State
Disadvantaged (CTD).
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the Progress Report & Reimbursement Invoice #1 and
directed staff to transmit same to FCTD, as
recommended by staff.
COPY OF REPORT IN GRANTS FILE IN OFFICE OF CLERK TO THE BOARD
F. Proclamation - Soil & Water Stewardship Week
PROCLAMATION
WHEREAS, our well-being depends on the production of ample food,
fiber and other products of the soil; and
WHEREAS, the quality and quantity of these products depend on the
conservation, wise use and proper management of soil and
water resources; and
WHEREAS, protection of our water from pollution depends on sound
conservation practices; and
WHEREAS, conservation districts provide a practical and democratic
organization through which landowners take the initiative
to conserve and make proper use of these resources; and
WHEREAS, the conservation movement is carrying forward a program
of soil and water conservation in partnership with many
private and public organizations and individuals:
8
MAY 2 1995
NOW, THEREFORE, BE IT PROCLAIMED by the Indian River County Board
of County Commissioners that April 30 through May 7, 1995
be designated as
SOIL AND WATER STEWARDSHIP WEEK
in Indian River County, and the Board wishes to express
appreciation of the value of our soil and water to the
public welfare, and desires to honor those who protect
our resources:
Adopted this 2 dfty of May, 1995.
BOARD OF COUNTY COMMISSION
c; INDIAN RIVER COUNTY, FLORIDA
:5 Kenneth R. Macht, Chairman
ELECTIONS BUDGET AMENDMENT
The Board reviewed the following memo dated 4/26/95:
April 26, 1995
TO: HON. KEN MACHT, CHAIRMAN, BCC
FROM: ANN ROBINSON, SUPERVISOR OF ELECTIONS
RE: ITEMS FOR BCC AGENDA OF MAY 2, 1995
1. Please vote to amend the elections budget so that we may
accept the following reimbursements for administering
their elections:
$1,808 from the City of Fellsmere and
$5,993 from the City of Sebastian.
2. In order to deal with the thousands of additional registered
voters due to "Motor -Voter," the National Voter Registration
MAY 2 1995 9 BOOK 94 PAGE 972
r -1
BOOK 94 PAGE 973
3
- Aat passed by Congress which became effective January 1, 1995,
we purchased hardware and software for an imaging system from
Image System Consultants, Inc., Winter Haven, Florida, with
money from our 1993-94 and 1994-95 budgets.
So far we have scanned one-half of our 55,584 voter's records
and expect to finish all of the current voter roll by July.
After the 1996 elections are over, we plan to send all the
paper copies of those records to the elections warehouse to
store them in the old filing cabinets that the Hon. Jeff Barton
gave us permission to take from the old courthouse.
The voter roll will be maintained on our IBM AS/400. By scanning
the paper records, we have archived them on an optical disk
system which is accessed by a personal computer network.
The final payment of X54000 will be due when the absentee program
is integrated and the candidate programs are installed.
Please vote to allow us to use our interest money of $644 and
our list and label money of $1,238 to use toward the final
payment.
Thank you.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously amended
the Elections budget, as recommended by Supervisor
of Elections Ann Robinson.
TRANSFER STATION ILLEGAL DUMPING - STATUS REPORT
REGARDING ENFORCEMENT MEASURES
The Board reviewed the following memo dated 4/26/95:
TO: Board of County Commissioners DATE: April 26, 1995 FILE: -
SUBJECT: Transfer Station
Illegal Dumping
FROM' James E. Chandler _
County Administrator REFERENCES:
As a result of the discussions at Tuesdays Board meeting, additional
enforcement measures have been implemented this week relating to the illegal
dumping at the transfer stations. The enforcement effort will be further
accelerated next week. A- status report will be made at the May 2 Board
meeting. At that meeting, it is also recommended that the Board adopt the
attached resolution which assist in this enforcement program.
10
MAY 2 1995
Administrator Chandler advised that we are looking at a task
force approach to this problem. Several different groups would be
involved headed by Code Enforcement. Last Thursday, 18 warnings
were issued as opposed to citations. of the 18 warnings, 5 were
given to people caught at the site. We will accelerate our efforts
this week.
Administrator Chandler explained that the County Attorney's
Office has prepared a resolution that would establish a schedule of
penalties
Commissioner Eggert supported a $50 fine since the fine for
littering on the road is $150. She felt it needs to hurt a little.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Adams, to adopt Resolution 95-62,
adopting a schedule of penalties for County Code
violations cited in accordance with the citation
provisions of County Code Section 103.07.
Under discussion, Fred Mensing of Roseland stated he has
observed the Roseland transfer station at least twice a day since
it has been closed. The signs ---are not clear in their instructions
and, in some cases, were hidden from view. He suggested that we go
to a compaction process at the transfer stations in order to reduce
the number of truck loads going to the Landfill. Mr. Mensing also
suggested that the County post signs giving more information on
alternate sites. He believed that a way could.be found to open
these stations 7 days a week. Even if these stations had to be
unmanned for a few hours a day, he felt sure the people would put
their trash into the proper place in the transfer station if they
were allowed to enter. Mr. Mensing believed the penalty should be
more severe.
Administrator Chandler felt Mr. Mensing had a good point about
clarifying the signs at the transfer stations.
In answer to Commissioner Adams' question, he noted that all
our signs are in English.
THE CHAIRMAN CALLED FOR THE QUESTION which was
amended to include having additional signs and
clearer signs. The Motion passed unanimously.
11 BOOK 9 PACE 7�$
MAY 2.1995
BOOK 94 PAGE 975
RESOLUTION NO. 95- 62
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, ADOP`l'INC A SCHEDULE OF
PENALTIES FOR COUNTY CODE VIOLA-
TIONS CITED IN ACCORDANCE WITH THE'
CITATION PROVISIONS OF COUNTY CODE
SECTION 103.07.
WHEREAS, Indian River County has adopted codes and ordinances
In the interest of public health, safety and welfare; and
WHEREAS, enforcement of county codes and ordinances in a
timely, efficient, and equitable manner is of fundamental importance in
the successful implementation of such codes and ordinances; and
WHEREAS, Florida Statute Chapters 162 enables local
governments to adopt citation procedures relating to general code
violations and unlicensed contractor violations; and
WHEREAS, at their regular meeting of April 21, 1992, the Board
of County Commissioners held a public hearing and adopted County -
Ordinance 92-09, which establishes county citation procedures in
accordance with Florida Statutes; and
WHEREAS, Ordinance 92-09 provides that the Board of County
Commissioners shall adopt, by resolution, a schedule of violations and
penalties to be assessed by county designated code enforcement
officers in implementing the ordinance, with said schedule including
notification time
periods for
specific types
of violations; and
WHEREAS,
Resolution
92-59 adopted
fines" -Tor certain violation
types; and
WHEREAS, the types of violations and fines needs to be enlarged
to cover additional violations concerning solid waste disposal.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
that the following violation types are serious threats to public health
and are added to supplement attachment A to Resolution 92-59:
12
MAY 2 1995
Violation Type Section
General
Deposit refuse 204.02
In unlawful
manner
Fine Notice Time
.......�
$50. N/A
Littering 204.03 $50. N/A
Salvaging _ 204.05 $50. N/A
Improper use 204.06 $50. N/A
of transfer
station
The resolution was moved to adoption by Commissioner
Eggert and the motion was seconded by Commissioner
Adams and, upon being put to a vole, the vote was as
follows:
Chairman Kenneth It. Macht Aye
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird —Ay e
Commissioner Carolyn K. Eggert —Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 2 day of Ma Y , 1995.
BOARD OF COUNTY COMMISSIONERS
Attest INDIAN RIVER COUNTY, FLORIDA
By
K nneth R. Macht
Chairman
MAY 2 1995
13
BOOK 94 f'AEE 9
BOOK 94 Far,[977
DISCUSSION OF NEED FOR BCC MEETING NEXT WEEK
It was the CONSENSUS of the Board to cancel the regular BCC
meeting of Tuesday, May 9, 1995.
WABASSO CORRIDOR STUDY
The Board reviewed the following memo dated 4/25/95:
TO: James Chandler
County Administrator
FROM: Robert M. Keating, AICP /WK
Community Development Director
DATE: April 25, 1995
SUBJECT: WABASSO CORRIDOR STUDY
It is requested that the information presented herein be given
formal consideration by the Board of County Commissioners at their
regular meeting of May 2, 1995.
DESCRIPTION & CONDITIONS:
On August 23, 1994, the Board of County Commissioners considered a
request by the Concerned Citizens of Wabasso that the Board
establish additional development regulations for the Wabasso area.
The Concerned Citizens of Wabasso had initiated this request
because of the development pressures in Wabasso as well as the
group's intent to preserve the special character of Wabasso.
In response to the Concerned Citizens' of Wabasso request, staff
had prepared an agenda item, recommending that the Board authorize
staff to work with area residents and develop a corridor plan for
the CR 510 and U.S. #1 areas of Wabasso. At the August 23, 1994
meeting, the Board accepted that recommendation and authorized
staff to work -with area residents in preparing a corridor plan.
• Background Work
Consistent with the Board's direction, staff started work on the
corridor study. With help from the Urban Resource Group, which
provided voluntary assistance, staff collected background data,
prepared maps, and obtained aerials. Staff and Urban Resource
Group personnel also developed a corridor study work program and
prepared background information and analysis.
Since citizen involvement would be a major part of the corridor
plan development process, staff used county property appraiser
records to identify all landowners within the study area. Using
this landowner list, staff sent notice of the first Wabasso
Corridor study meeting to all landowners.
14
MAY 2 1995
� � r
• Meetings
On September 21, 1994, the first Wabasso Corridor study meeting was
held at the Sebastian River High School. Attended by about 60
people, the meeting lasted two hours, with the attendees breaking
out into small groups for discussion. Despite several disruptive
residents, the meeting was a success, with attendees having
identified issues, problems, concerns, and desires for the Wabasso
area.
After the first meeting, staff and the Urban Resource Group
compiled all of the information obtained from the small groups.
This information was summarized and sent to those on the mailing
list along with a notice of the second meeting. Held on November
9, 1995, the second meeting focussed on discussing the results of
the first meeting as well as resolving some of the questions raised
at the initial session. Because of a few disruptive attendees,
there was no small group breakout. There was, however, a vote of
the group as to whether the process should continue or be
terminated. By a unanimous vote, the group decided to continue
developing the corridor plan.
On January 11, 1995, the final meeting was held. Although about 25
people attended, there was a small group of five or six people who
were so disruptive that the meeting ;could not progress. After
futile attempts to maintain order, staff disbanded the meeting.
• Status
Subsequent to the third meeting, staff discussed the situation with
Urban Resource Group and members of the Concerned Citizens of
Wabasso. Among those involved, there was agreement that the large
group workshop format being used would not work. All agreed that
the few disruptive people would prevent any progress from
occurring.
As an alternative to large group meetings with extensive citizen
involvement, staff, Urban Resource Group, and Concerned Citizens
felt that a task force approach might work. With a task force, a
small group could focus on the issues, develop a plan, and exclude
the disruptive trouble -makers. All agreed, however, that the task
force approach would need to be endorsed by the Board of County
Commissioners. Everyone further agreed that the issue should not
be brought to the Board unless there was a strong showing of
community support to continue the corridor planning efforts.
• Support
Recently, staff received that indication of community support.
Besides a dozen or so letters supporting the Wabasso Corridor
planning effort, staff received a petition with 272 signatures. Of
those signing the petition, 94 were residents, property owners, or
business. owners in the Wabasso area. Many of the other signers
drive through the corridor on a regular basis. As written, the
petition indicated support both for the corridor planning process
and the establishment of a task force.
Among those signing the petition or sending separate letters of
support were some of the large landowners in the corridor study
area. These include Ken Kennedy, who owns property within the
corridor both on the mainland and on the barrier island, as well as
Erling Speer, representing the owners of Windsor and Orchid.
MAY 2 1995 15 BOOK 94 F;:GE 9 78
BOOK 94 F -mu 9 (9
ANALYSIS:
With the letters and petition recently submitted to staff, a
significant number of people have expressed a desire to continue
the efforts to prepare a Wabasso Corridor plan. Without action by
the Board of County Commissioners, however, further work on
preparing the plan will be unsuccessful.
As indicated, the major problem with the process to date has been
that a few people have disrupted meetings. Because the Board's
direction had been to work with Wabasso residents, property owners,
and business people to develop a corridor plan, staff had not felt
;that it had the authority to exclude people from participating in
meetings.
There are two principal ways for the process to continue and for a
plan to be developed. Both require Board action. The first would
be for the Board to specif ically direct the staf f to prepare a
Wabasso Corridor plan. This direction would make the plan a Board
initiative, instead of a citizens group effort. As such, staff
would have the authority to take whatever actions are necessary to
prepare the plan.
The second option would be for the Board to appoint a task force to
work with staff to prepare the corridor plan. With a group of 10
to 12 persons, such a task force could represent the interest of
all those concerned with the Wabasso corridor. This task force
would also be small enough to focus its efforts and work
expeditiously to complete the plan. Attached to this staff report
are lists of people indicating a willingness to serve on such a
task force. One list consists of those signing the support
petition and indicating an interest in serving on a task force,
while the other list consists of people attending the last Wabasso
Corridor meting and expressing a willingness to serve on a task-
force.
askforce.
The task force option is supported by staff, Urban Resource Group,
and Concerned Citizens of Wabasso. Together, staff, Urban Resource
Group, and Concerned Citizens have reviewed the above referenced
lists and identified a set of persons who could adequately
represent all stakeholders. This list of potential task force
members is also attached to the staff report. If the Board is
inclined to endorse the task force approach, the Board can either
accept the attached list of proposed task force members, revise the
list, or develop a new list.
• S.R. 60
Even more than CR 510, the S.R. 60 corridor is experiencing
significant development pressures. Along with the DeBartolo mall,
a number of other commercial projects are proposed along SR 60.
As the principal entrance to the urbanized area from I-95, SR 60
has always been an important roadway. Not only does the
functioning and appearance of S.R. 60 affect the general quality of
life in the county, but it also affects economic development. In
fact, the county's draft economic development strategy plan
includes a strategy to beautify the county's I-95 interchange
areas.
If the Board is inclined to protect or enhance the aesthetics and
appearance of S.R. 60, now is a good opportunity. With the amount
and type of development anticipated in the S.R. 60 corridor over
W.
MAY 2 1995
the next few years, the near future will determine the prospects
for S.R. 60 for many years.
Although the county's land development regulations are adequate
generally, these regulations apply equally to U.S. #1 and S.R. 60.
Consequently, the LDR's allow U.S. #1 type of development (eg, pole
signs, automobile dealerships, and minimal landscaping) along S.R.
60. For example, a Discount Auto Parts store, with a minimum
landscape plan and probably a bright yellow sign, is under
construction on S.R. 60 west of 43rd Avenue.
Several roadways in the state provide contrasting images of what
S.R. 60 could be. On the negative side, commercial stretches of
S.R. 60 could look like U.S. 192 in Melbourne or Osceola County.
Conversely, 60 could have an appearance like Indiantown Road in
Jupiter or S.R. 421 in Port Orange. The differences relate to sign
control, limited architectural control, enhanced landscape
requirements, and public expenditures on right-of-way improvement
and maintenance.
To address S.R. 60, the Board could direct staff to prepare a S.R.
60 corridor plan. This would probably be an eight to twelve month
project and would be done in house.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners acknowledge
the community support for preparation of a Wabasso Corridor plan
and appoint a Wabasso Corridor Plan task force. The task force can
be composed of those citizens on -the attached list or others to be
appointed by the Board. Staff'" further recommends that the Board
direct staff to prepare a S.R. 60 corridor plan.
Community Development Director Robert Keating regretfully
reported that staff's efforts to implement the Wabasso corridor
plan have been stymied by disruptive people at 2 of the last 3
meetings. Staff's recommendation is that the Board direct staff
to continue working on a Wabasso corridor study and approve the use
of a task force composed of the people listed below:
LIST OF PROPOSED TASK FORCE
1. Wang Tsen Chen
2. Steve Massey
3. Thomas P. Lowe
4. John C. Atz
5. Ruth Meagers
6. Beverly Morse
7. Steven Parsons
8. Kenneth P. Kennedy
9. Brenda Bishop
10. Marion Stough
11. Jim Flinn
12. Robert Valentino -
13. Steve Lewis
14. Jean Crane
9
MAY 2 1995
17 900K F�1GE 9®
BOOK A
Director Keating also recommended that staff be directed to
prepare 4 SR -60 corridor plan which would address aesthetics and
appropriate uses of signs for this entrance into the community.
The corridor is developing rapidly and if there were more aesthetic
requirements, it would enhance the character of the corridor.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Adams, to approve staff's recom-
mendation to continue with the Wabasso corridor
study, appoint a task force composed of the people
listed in staff's recommendation, and prepare a
SR -60 corridor plan.
Under discussion, Commissioner Adams agreed that the task
force offers the ability to move forward with the corridor plan.
She felt that after a while we may need to go back to the larger
groups for input and try to encourage that participation. The
concern for the corridor is still there.
Commissioner Eggert understood that the task force would hold
public meetings before bringing it to the County Commission.
In response to Commissioner Bird's question, Director Keating
explained that the boundaries of the corridor study area are 81st
Street on the south; 90th Street on the north; CR -510 on the west;
and AIA on the east. It doesn't follow zoning lines exactly, just
the Wabasso area generally.
Commissioner Bird suggested that Jeff Bass be contacted to
serve as the real estate representative on the task force, since he
represents Graves Brothers which is the biggest property owner in
the area along the Wabasso corridor.
COMMISSIONER EGGERT AMENDED HER MOTION to add Jeff Bass
to the task force. The Motion passed unanimously.
18
MAY 2 1995
SCHEDULING OF LDR PUBLIC HEARINGS
The Board reviewed the following memo dated 4/25/95:
TO: James E. Chandler
County Administrator
DIT
PN HEAD CONCURRENCE:
M.ea i g, AICP
community Develop nt D ector
FROM: Stan Boling;"'evAICP
Planning Director
DATE: April 25, 1995
SUBJECT: Approval of Hearing Dates for Two Evening Board Hearings
to Consider LDR Amendments
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of May 2, 1995.
BACKGROUND:
Since October 1, 1990, the Florida Statutes has required two
evening meetings of the Board of County 'Commissioners whenever
amendments to the Land Development Regulations (LDRs) are to be
considered and adopted. To minimize the number of required evening
meetings, staff has limited the number of times the LDR's are
amended. This has been done by holding proposed LDR amendments
until a sufficient number of amendments exist.
At this time, there are many proposed LDR amendments which now
require consideration and action by the Board of County
Commissioners. These LDR changes have been collected by staff
since last fall, and have been initiated by county staff, the
Planning and Zoning Commission (PZC), and a private entity. This
set of LDR amendments relates to many issues, including but not
limited to the following:
1. Required separation distances between group homes/ACLFs (971)
2. Approval procedures and requirements for temporary real estate
sales offices (972)
3. Correction of text omission: parks in Con -3 district (971)
4. Non-commercial agricultural uses in ROSE -4 district (911, 971)
5. Community Development sign -off for minor site plans (914)
6. Driving aisle widths for mini -storage projects (954)
7. Update of*Chapter 912 SR 60 setback allowance (912)
8. Open space calculation for agricultural properties with
manmade waterbodies (901, 911)
9. Hours of display for open house signs (956)
10. Development project soils certification requirement (930)
11. Ordinance text references to public works staff (952, 954)
12. Minimum driveway widths for certain residential projects (952)
13. Parking lot tire stop requirements (954)
14. Classification standards for driveways and minimum distances
from rights-of-way (952)
15. Staff -level approval of certain administrative permits (902,
971)
MAY 2 1995 19 aooK 94 F,� -
BOOK 94 PA' E 983
16. Political sign placement/location requirements (956)
17. Accessory storage unit restrictions and prohibitions (911,
917)
18. Buffers between certain institutional uses (971)
19. Administrative permit appeal procedures (971)
20. Final plat survey requirements (913)
21. Limitations on opaque buffer feature materials (901)
22. Restrictions on certain aspects of mining activities (934,
971)
*23. Total care facilities in the RM -6 district (901, 911, 971)
*Note: at the applicant's request, consideration of this proposal
has been temporarily postponed.
The Professional Services Advisory Committee (PSAC) has reviewed
all of the proposed amendments. The Planning and Zoning Commission
has reviewed all of the proposed amendments except the total care
facilities in RM -6 (U.S. Retirement Communities, Inc.) proposal.
That proposal will need to be considered by the Planning and Zoning
Commission at a later date, and will also need to be considered by
the Board of County Commissioners at hearings to be set at a later
date. The timing of consideration of this amendment will be
determined largely by the applicant.
To proceed with the review and approval process for the amendments
which have already been considered by the Planning and Zoning
Commission, the Board must now set dates and times for the required
two evening public hearings.
ANALYSIS AND ALTERNATIVES:
The proposed amendments were considered.by the PSAC at several of
its 1994 and 1995 meetings. At its April 13, 1995 meeting, the
Planning and Zoning Commission considered the proposed amendments,
with the exception of the total care facilities proposal. With the
exception of- that proposal, proposed amendments are not
controversial, though some items could require significant
discussion. Because several of the proposed amendments are needed
to correct existing problems, it is staff's opinion that the Board
should set hearing dates that accommodate timely consideration on
all but the Total Care Facilities proposal, which is still "on
hold" at the applicant's request. At such time that the total care
facilities proposal is moved forward by the applicant, the Board
will be asked to set hearing dates to consider that proposal.
State requirements mandate seven day notice (newspaper
advertisement) prior to the first meeting, five day notice prior to
the second meeting, and approximately two weeks between the two
meetings. The meetings must be held after 5:00 p.m. Planning
staff has coordinated with the Board office staff regarding
potential hearing dates in May. One set of hearing dates which
would comply with all the state requirements, and appears to
accommodate Commissioners' schedules, and would give timely
consideration of all the proposals, with the exception of the total
care facilities proposal, is as follows:
MEETING DATE TIME
1. Monday, May 15, 1995 5:01 p.m.
2. Wednesday, May 31, 1995 5:01 p.m.
Staff has tentatively reserved use of the Commission Chambers for
these proposed dates. The Board may establish any other dates that
meet state requirements and during which the Chambers may be used.
20
MAY 2 1995
RECOMMENDATION:
Staff recommends that the Board establish meeting dates for the two
evening public hearings required to consider and adopt the proposed
LDR amendments. Hearings for the total care facilities proposal
will be set at a later date, after the proposal is moved forward by
the applicant.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously scheduled
the first LDR public hearing for Monday, Mas 15,
1995, at 5:01 p.m.; and the second LDR public
hearing for Wednesday, May 31, 1995 at 5:01 p.m.
SCHEDULING OF HEARING DATE FOR DeBARTOLO MALL
DEVELOPMENT ORDER AMENDMENT
The Board reviewed the following memo dated 4/26/95:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
Az -
,,A., L FaK
Robert M. Keating, AICP
Community Development Director
,ftFROM: Stan Boling, AICP
Planning Director
DATE: April 26, 1995
SUBJECT: Approval of Hearing Date for DeBartolo Mall (Indian River
Mall) Development Order Amendment
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of May 2, 1995.
MAY 2 1995 21 BOOK 9 4 F,��E 984
BOOK 94 ont 9,85
BACKGROUND:
As reported to the Board of County Commissioners in a previous
staff report, the DeBartolo Corporation has filed for an amendment
to the Indian River Mall development order (D.O.). The proposed
amendment, known as an NOPC (Notice of Proposed Change), would
change portions of the D.O. transportation conditions by specifying
county and developer responsibilities for various required road
improvements.
As part of the NOPC review process, the county must now set a date
for the public hearing at which the Board of County Commissioners
will:
1. Make a determination as to whether the request constitutes a
"minor amendment" or a substantial deviation, and
2. Consider adopting the proposed amendment, if the proposal is
considered a minor amendment.
ANALYSIS:
Over the last 3j weeks, county staff have provided verbkl and
written comments to DeBartolo representatives and agents regarding
the NOPC. Some of staff's comments are significant. As of the
date of this report, the applicant has not submitted to staff
responses and revisions to the proposed amendment. However, the
applicant has indicated that he will be responsive to staff's
comments and that he wishes to be scheduled for the May 23, 1995
Board of County Commissioners meeting. Under required review and
advertising timeframes, that meeting is the soonest available
meeting at which the Board could act on the request.
If the applicant responds to staff's comments in a timely manner,
the NOPC can be reviewed by the Planning and Zoning Commission (as
required under the county LDRs) at its May 11, 1995 meeting. Such
a schedule for the Planning and Zoning Commission's review would
allow planning staff enough time to include the Commission's
recommendation in staff's report for the May 23rd Board meeting.
Therefore, it is staff's opinion that the applicant's request for
a May 23, 1995 Board hearing on the NOPC request can be
accommodated.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners set the
public hearing date for the Indian River Mall NOPC for the May 23,
1995 regular meeting of the Board of County Commissioners.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously scheduled
a public hearing _for May 23, 1995 at the regular
meeting of the BCC, as recommended by staff.
22
MAY 2 1995
AWARD BID #5055 - PHASE IV WATER EXPANSION -
CONTRACT #1 OSLO PARK
The Board reviewed the following memo dated 4/20/95:
DATE:
April
20,
1995
TO:
BOARD
OF
COUNTY COMMISSIONERS -
THRU: James E. Chandler,
County Administrator
H.T. "Sonny" Dean,
Direc
4
General Services
n
FROM: Fran Boynton Powell, Purchasing Manager"/}'
SUBJ: Award Bid #5055/Phase IV Water Expansion
Contract #1
Utilities Department
BACKGROUND INFORMATION:
Bid Opening Date:
March 30, 1994
Advertising Dates:
March 1, 8, 15, 1995
Advertisement Mailed to:
Twenty Six (26) Vendors
Replies:
Nine (9) Vendors
Statement of "No Bids"
-0-
VENDOR
BID TOTAL CORRECTED TOTAL
Tri -Sure Construction
$537,082.80 $543,082.80
Auburndale, FL
Speegle Construction
$573,000.00
Cocoa, FL
Martin Paving
$574,199.75
Vero Beach, FL
Strickler Brothers
$575,769.15
Ft Myers, FL
Hall Contracting
$597,253.41
St Petersburg, FL
Treasure Coast Contracting
$641,239.44
Vero Beach, FL
Derrico Construction
$642,975.15
Melbourne, FL
McGrand & Associates
$699,172.10
Blaine, MN
Driveways, Inc
$720,369.40
Titusville, FL
TOTAL AMOUNT OF BID
$543,082.80
SOURCE OF FUNDS Utilities Assessment Fund
473-000-169-215.00
ESTIMATED BUDGET $540,000.00
23 600 94 Pn� 8
MAY 2 1995
�noK 94 F*,r 987
Staff recommends that the bid be awarded to Tri -Burs
Cozporation 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.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously awarded
Bid #5055 to Tri -Sure Corporation in the amount of
$543,082.80, as set out in the above staff
recommendation.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
P.E.P. REEF SURVEY CONTRACT MONITORING PLAN
The Board reviewed the following memo dated 4/26/95:
TO: James Chandler
County Administrator
THROUGH:James W. Davis, P.E.
Public Works Director
J
FROM: Don G. Donaldson, P.E.
Coastal Engineer '
SUBJECT: Indian River County/Vero Beach PEP Reef
Survey Contract Monitoring Plan
DATE: April 26, 1995
The Florida Department of Environmental Protection (FDEP), Beach's and Coastal
Systems permit, will require the County to monitor the PEP Reef for a period of
three (3) years. A primary component of this plan is surveying the beach and off
shore bathymetry. The County will require the services of a qualified survey firm
to perform these surveys in accordance with the permit and test plan.
Staff has been working with the FDEP to prepare a Request for Proposal (RFp) and
Scope of Work for the survey (See attached). The County must advertise, select
and hire a surveyor prior to the installation of the PEP Reef. . This is because a
Preinstallation survey is required by the Department before they will issue their
final Notice to Proceed.
24
MAY 2 1995
s � r
Staff recommends that the County Commission authorize the Public Works
Department to advertise a Request for proposal for a Survey Contract and appoint
the following individuals to the Selection Committee.
Name Representing
Don G. Donaldson, P.E. Indian River County, Public Works
James W. Davis, P.E. Indian River County, Public Works
Hal Bean Florida Department of Environmental Protection
Joan Pope U.S. Army Corp of Engineers, Coastal
(Or authorized representative) Engineering Research Center
The Selection Committee will review all the respondents to the RFP and will rank
the top three (3) for consideration by the Commission.
Alternative No. 1
Approve the advertisement of the RFP for Survey Contract and the Selection
Committee.
Alternative No. 2
Approve advertising of the RFP with modification to the Selection
Committee.
Alternative No. 3
Direct staff to wait until the final permits are received for the PEP Reef.
Staff recommends Alternative No. 1. Funding will be from Tourist Tax Revenue.
The estimated survey costs for three (3) years are $250,000.00.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
Alternate #1 as set out in staff's recommendation.
25
MAY 2 1995
r -1
BOOK 94 FAG, 989
P.E.P. REEF AERIAL PHOTOGRAPHY WITH SEBASTIAN INLET
TAX DISTRICT
The Board reviewed the following memo dated 4/26/95:
TO: James Chandler
County Administrator
r-.
THROUGH: James W. Davis. P.E.
Public Works Directort`}
'J
FROM: Don G. Donaldson. P.E.
Coastal Engineer '
SUBJECT: Indian River County/Vero Beach PEP Reef
Aerial Photography with Sebastian Inlet Tax District
DATE: April 26. 1995
The monitoring program for the proposed PEP Reef Project will require that the
County determine if adjacent hardbottoms are covered by sand resulting fmm the PEP
Reef installation. The County has proposed using aerial photography to map these
changes. The Sebastian Inlet Tax District flew the Indian River County coastline in
1994 and has proposed to fly it again in 1995. The 1994 flight was made with no
additional cost to the County. The County's only expense for these aerials were for
reproduction of photo prints.
The Sebastian Inlet Tax District has proposed to incorporate the approximate 22 miles
of Indian River County coastline with their 1995 aerial flight (See Attached). The cost
to Indian River County will be $1.172.80. In addition a set of color contact prints and
film duplicates will cost $934.00. The total cost for these services are $2.106.80.
Alternative No. 1
Authorize a joint contract for coastal aerial survey mapping with the Sebastian
Inlet Tax Di -strict in the amount of $2.106.80.
Alternative No. 2
Direct staff to solicite bids for aerial mapping services.
Staff recommends Alternative No. 1. Funding is from Tourist Talc Revenue for the PEP
Reef Project.
26
MAY 2 1995
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
the joint contract with the Sebastian Inlet Tax
District for coastal aerial survey mapping by
AeroMap U.S., Inc. in the amount of $2,106.80, as
recommended by staff.
101H AVENUE/101H COURT WATER LINE REPLACEMENT --
CHANGE ORDER NO. 1 AND FINAL PAY REQUEST
The Board reviewed the following memo dated 4/20/95:
DATE: APRIL 20, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANC P TO
DIRE R F ERVICES
PREPARED H. D. ER, P.E.
AND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: 10TH AVENUE/10TH COURT WATER LINE REPLACEMENT
CHANGE ORDER NO. 1 AND FINAL PAY REQUEST
INDIAN RIVER COUNTY PROJECT NO. UW -94 -20 -DS
BACKGROUND
On January 24, 1995, the Board of County Commissioners approved the
subject project in the amount of $21,952.04 (labor) and $15,080.48
(material). (See attached.) Construction was to be completed by
the Department's labor contractor, Driveways, Inc., with materials
furnished by Indian River County.
ANALYSIS
The project has been completed. All Indian River County
requirements have been met, and final certification is being
submitted to the DEP for clearance. Change Order No. 1 (attached)
reduced the cost by $255.88 (labor), resulting in a final pay
request of $15,821.05. The contractor has previously billed the
County for $5,875.11.
The Department of Utility Services recommends approval of Change
Order No. 1 and approval of the final payment request for'.$15,821.05
as payment in full for services rendered.
27 ®ooK 94 FA�r �0
MAY 2 1995
BOOK 94 P,vuE 991
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
Change Order No. 1 with Driveways, Inc. in the
amount of $15,821.05.
CHANGE ORDER #1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
16TH ST. WATER LINE EXTENSION - CHANGE ORDER NO. 1 AND
FINAL PAY REQUEST
The Board reviewed the following memo dated 4/21/95:
DATE: APRIL 21, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR UTILITY SERVICES
/ y
PREPARED H. D. O ;
AND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: 16TH STREET WATER LINE EXTENSION
CHANGE ORDER NO. 1 AND FINAL PAY REQUEST
INDIAN RIVER COUNTY PROJECT NO. UW -93 -13 -DS
On December 6, 1994, the Board of County Commissioners awarded the
subject project in the amount of $83,655.00 to Strickler Brothers,
Inc., of Fort Myers, Florida. (See attached.)
ANALYSIS
The project has been completed. All Indian River County
requirements have been met, and final certification is being
submitted to the DEP for clearance. Change Order No. 1 (attached)
increased the contract cost by $17,419.00. The total cost of the
project is, therefore, $101,074. The reason for this increase is
due to the extensive rock excavation required to install the water
line during construction of this project. It was found that heavy
rock existed from 6th Avenue to approximately 7th Avenue on 16th
Street and 15th Place. This required considerably more excavation
than anticipated, which increased the cost and length of time to
complete the project. During construction, the engineer and
inspector(s) visited the site on a daily basis and provided
continual monitoring.
RECOMMENDATION
The Department of Utility Services recommends approval of Change
Order No. 1 for $17,419.00 and of the payment request for $36,711.00
as payment in full.
28
MAY 2 1995
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
Change Order No. 1 with Strickler Brothers, Inc. in
the amount of $17,419 and final payment of $36,711.
CHANGE ORDER #1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
PETITION FOR WATER SERVICE IN MIRAFLORES UNIT 2
The Board reviewed the following memo dated 4/18/95:
DATE: APRIL 18, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR'
FROM: TERRANCE G. PINT
DIRECTOR OF UTIL T RVICES
PREPARED JAMES D. CHAS
AND STAFFED MANAGER OF AS NT PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: PETITION FOR WATER SERVICE IN MIRAFLORES UNIT 2
(34TH COURT SW, NORTH OF 5TH STREET SW)
INDIAN RIVER COUNTY PROJECT NO. UW -95 -09 -DS
BACKGROUND
A petition has been received from the residents of Miraflores Unit 2
(34th Court SW, north of 5th Street SW) requesting the County to
supply potable water to its residents. We are now coming to the
Board of County Commissioners to seek approval to begin design of
the above-mentioned project. (See attached petition and plat map.)
ANALYSIS
Within the subdivision, there are 16 one-half acre lots. As of
April 18, 1995, 11 (69%) of the 16• owners to be served have signed
the petition requesting this special assessment for water service.
Of the 5 remaining owners, 2 have verbally stated they will sign and
provide an addendum supporting the petition. One is not interested,
and two stated they are not opposed but are hesitant/reluctant to
sign the petition. One of the latter said he will connect to the
County water when available. A concern expressed was that the
condition of the neighborhood remain unchanged and that the street
and driveways not be cut but that jack and }boring be utilized.
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 water line route. In the
interim, financing will be through the use of impact 'fee funds.
Design services will be provided by the Department of Utility
Services.
REC 04KENDATION
The staff of the Department of Utility Services recommends approval
of the above -listed project authorizing the Department to proceed
with the design engineering work in preparation for the special
assessment project.
29 BOOP( J FAGE 92,MAY 2 1995
BOOK
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Eggert, the Board unanimously
authorized staff to proceed with the design
engineering work in preparation for the special
assessment project.
SQUIR COUNTY EFFLUENT PUMP STATION AND
TRANSMISSION MAIN - WORK AUTHORIZATION
ADDENDUM #1 - CARTER & ASSOCIATES
The Board reviewed the following memo dated 3/29/95:
DATE: MARCH 29, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF IL SERVICES
PREPARED WILLIAM F. Mc IN
AND STAFFED CAPITAL PRO NEER
BY: DEPARTMEN ILITY SERVICES
SUBJECT: SOUTH COUNTY EFFLUENT PUMP STATION AND
TRANSMISSION MAIN
ENGINEERING WORK AUTHORIZATION
ADDENDUM NO. 1
INDIAN RIVER COUNTY PROJECT NO. IIS -94 -02 -ED
BACKGROUND
94 FaU 9,93
On February 15, 1994, the Indian River County Board of County
Commissioners approved a work authorization with Carter Associates,
Inc., for the above -referenced project. In our Effluent Master
Plan, additional piping must be provided at the West Regional
Wastewater Treatment Plant effluent disposal pumping station to
allow simultaneous receipt of effluent and simultaneous northward
pumping of effluent (see attached engineering addendum for detail).
This construction is now necessitated due to the constant effluent
pumping from the West Plant to the north during construction of the
West Regional Wastewater Treatment Plant expansion and Wetland
project.
ANALYSIS
The estimated construction cost is $100,650.00. The total
negotiated engineering fees associated with this work are
$13,212.00. This includes all design and survey work as well as
automated control valve design and placement. For details of this
engineering addendum, please see the attached Work Authorization
Addendum No. 1. Funding for this project will be from the impact
fee fund.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County.Commissioners approve Addendum No. 1 to the Carter
Work Authorization as presented.
30
MAY 2 1995
ON MOTION by Commissioner Eggert, SECONDED by
.Commissioner Adams, the Board unanimously approved
Addendum No. 1 to Work Authorization for Carter &
Associates, as recommended by staff.
WORK AUTH. ADDENDUM ON FILE IN OFFICE OF THE CLERK TO THE BOARD
ACQUISITION OF CITY OF SEBASTIAN UTILITY SYSTEM
The Board reviewed the following memo dated 4/25/95:
DATE: April 25, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PI
DIRECTOR OF UTILIT S CES
PREPARED HARRY E. AS I V
AND STAFFED ASSISTANT T R OF UTILITY SERVICES
BY:
SUBJECT: ACQUISITION OF CITY OF SEBASTIAN UTILITY SYSTEM
BACKGROUND
On November 1, 1994, the Department of Utility Services presented
to the Board of County Commissioners a letter of proposal
(authorized by the City Council) from the City of Sebastian's City
Manager, Joel Koford, offering the sale of the City Utility System
(System) and establishing a thirty (30) year franchise agreement
"to provide potable water distribution and wastewater collection
for the City of Sebastian (City)" (Copy attached).
After review, the Board authorized Staff to proceed with
investigation of the legal aspects of the acquisition including the
expense of -the services of bond counsel to review the acquisition.
(Copy of minutes are attached).
ANALYSIS
The Department- performed its analysis based upon the criteria that
(1) the purchase must be supported with revenues generated under
existing County utility rates and (2) that the existing County
customers would not be impacted negatively.
The Department has analyzed the financial and engineering
information provided by the City. Based upon this analysis (copy
attached), contents of the proposed interlocal agreement (copy -
attached), and assumption by the County of the existing City of
Sebastian Utility Bond Issue, the Department has determined that it
would be financially feasible to acquire the System. This
determination is also based upon the assumption that the County
would abandon the existing water and wastewater treatment
facilities and supply capacity from its existing facilities. Due
to the high operating and maintenance fees, it would not be
financially feasible to acquire the System and to continue to
MAY 2 1995 31 BOOK 94 Fa;E 9194
BOOK 9`� PA�t 995
operate the existing treatment plants after the acquisition. A key.
component to the future financial viability of the system is the
ability to expand the. water system to serve areas in the City
without water service.
The Department has concluded, based upon the above analysis that
the County can meet the requirments under Florida Statutes, Section
125.3401.
The County has submitted its financial and engineering analysis to
bond counsel and its bond underwriters and has received positive
response as to the County's ability to assume the existing City
Utility Bond Issue.
RECOMMENDATION
The Department of Utility Services, based upon the above
assumptions and analyses has determined that it would be
financially feasible to acquire the System with City customers
paying the same for utility service as County customers and with no
negative impact on existing County customers. The Department
requests further direction from the Board of County Commissioners
in this matter prior to proceeding with Public Hearings in this
matter.
MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Eggert, that the Board direct staff to
proceed with the public hearings on the acquisition
of the City of Sebastian utility system.
Under discussion, Commissioner Adams understood that we have
determined that we could make the transfer work,. financially, and
it would not be detrimental to our current customers.
Attorney Vitunac confirmed that both the City and the County
have to go through the public hearing process.
THE CHAIRMAN CALLED FOR THE QUESTION.
The Motion passed unanimously.
Mayor of Sebastian Arthur Firtion explained that the delay on -
their part is due to the audit and the fact that they have to get
the figures exact.
Attorney Vitunac confirmed that both the City and the County
have to hold public hearings on the acquisition.
Commissioner Bird just wanted everyone to clearly understand
right up front what is going to happen.
Mayor Firtion was sure it would be a good thing for Sebastian,
which is why he ordered a white paper on it.
32
MAY 2 1995
COMMENDATION TO COUNTY EMPLOYEES
Chairman Macht noted that increasingly he gets letters from
people who are very complimentary about individual acts of
assistance by staff which are over and above the call of duty. He
would like to urge the County Administrator and department heads to
pass along all good comments to their employees.
The Board totally concurred.
NATIONAL ASSOCIATION OF COUNTIES - JULY CONFERENCE
IN ATLANTA
Chairman Macht felt that even with the budgetary constraints
being what they are, someone should attend the NACo conference in
Atlanta in July. He asked that the Commissioners take it under
consideration because Indian River County really should be
represented.
SUPPORT FOR PENDING LEGISLATION' REGARDING LEGAL
ADVERTISING - OPPOSITION TO EMERGENCY PERSONNEL
LIABILITY BILL
Chairman Macht requested that we urge our Legislators to
support pending legislation regarding legal notices of public
hearings. He also urged the opposition of a joint bill regarding
emergency personnel which provides coverage with the presumption
that anyone having AIDS or hepatitis got it in the performance of
their duties.
COMMENT ON NATIONAL VOLUNTEER WEEK
Chairman Macht noted that the County really doesn't do
anything formal to show our appreciation of the efforts of
volunteers in our county. He requested that the Board authorize
him to consult with the County Administrator to plan something a
little formal and bring it back to the Board for approval.
Commissioner Tippin felt that would be fine as along as it
didn't cost anything.
Commissioner Adams agreed that we cannot spend tax dollars
since the volunteers did volunteer. Perhaps a pot luck dinner
would be appropriate.
MAY 2 1995
33 Bou 94 FaE 6
BOOK 94 PAGE 997
DISPLAY AD FOR MAY 18 SPECIAL MEETING ON UTILITY
POLICIES AND INCENTIVES FOR ECONOMIC DEVELOPMENT
AND AFFORDABLE HOUSING
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the placement of a newspaper display notice of the
May 18, 1995 special meeting on utility policies and
incentives for economic development and affordable
housing.
There being no further notice, on Motion duly made, seconded
and unanimously carried, the Board adjourned at 9:58 a.m.
ATTEST:
J4 -
J. . Barton, Clerk Kenneth R. Macht, Chairman
Minutes approved
34
MAY 2 1995