HomeMy WebLinkAbout9/12/1995= MINUTESWUTACHED =
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A G E N D_ -A
TUESDAY, SEPTEMBER 12, 1995
9:00 A.M. - COUNTY COMMISSION CHAMBER
County Administration Building
1840 25th Street
Vero Beach, Florida
Kenneth R. Macht, Chairman (District 3)
Fran B. Adams, Vice Chairman (District 1)
Richard N. Bird (District 5)
Carolyn K. Eggert (District 2)
John W. Tippin (District 4)
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
9:00 a.m. 1. CALL TO ORDER PAGE
3. PL.EDGR OF ALLEGIANCE - Comm. Kenneth R. Macht
:IIYYI� � •= �I1:/ ul �y 11
None
' ' 1 1 ►� I,hl y Y
A. Regular Meeting of August 8, 1995
B. Regular Meeting of August 15, 1995
7. CONSENT AGENDA
A. Received & Placed on File in Office of Clerk to
the Board: Report of Convictions, August, 1995
B. Award Bid #6005 / Catch Basins and Storm
Water Inlets Annual Contract
(memorandum dated August 28, 1995) 1-18
C. Award Bid #6013 / Chlorine
(memorandum dated September 5, 1995) 19-22
D. Award Bid #6009 / Traffic Signal Equipment
(memorandum dated August 29, 1995) 23-35
7.
CONSENT-AGENDA
(confdje
PAGE
E.
Award Bid #5082 / Concrete Golf Cart Paths
(memorandum dated August 30, 1995)
36-42
F.
'Lindsey Lanes S/D - Request to Release and
Substitute Portions of Conservation Easements
(memorandum dated September 5, 1995)
43-46
8.
CONSTITIrMN
GOVERNMF.NTAi
i OMCERS and
AGENCIES
None
9:05 A.M. 9.
PLTBL.IC
rMMIq
A.
PUBLIC HEARINGS
Request for the Board to Consider Exercising Its
Option to Cost-Share Purchase the Wabasso Scrub
LAAC Site
(memorandum dated September 5, 1995)
47-79
B.
PUBLIC DISCli 4iON mms
None
10.
COUNTY
A MMSTRATOWS MATTERS
Thanksgiving / Christmas Programs - Welfare Dept.
(memorandum dated September 6, 1995)
80-81
11.
A.
Communi Development
Review of Criteria for Mobile Pet Vaccination
Services and Other Temporary Use Permits
(memorandum dated September 6, 1995)
82-96
B.
Emeroenq rvi es
None
C.
General Services
None
D.
Leisure , ervices
None
H. Utilities
1. Heritage Estates / Colonial Ten -ace Water
Line Replacement Project, Change Order #1
and Final Pay Request
(memorandum dated September 1, 1995) 110-119
2. 48th Place and 28th Court Water and Sewer
Service Extensions
(memorandum dated August 14, 1995) 120-124
� AY11 IY � ; ►I
1 ulul 1 ►I YY u
B. Vice Chairman Fran B Adams
11. DEPARTMENTAL.ATTFRR-ro..'dj!
PAGE
E. Office of Management and Budget
Resolutions for Purchase of Sebastian Utilities
(backup provided under separate cover)
F. Personnel
None
G. Public Work -
I
1. 58th Avenue R -O -W Acquisition; Parcel
#123, Rivera Estates, Lot 1 and 2, Block 1
(memorandum dated August 29, 1995)
97-101
2. Amendment No. 3 / Kings Highway
Improvements - Oslo Rd. to 26th Street
(memorandum dated September 5, 1995)
102-104
3. Consultant Selection - Design of Park
Improvement for Gifford, Hobart, West
Wabasso, and Fellsmere Parks
(memorandum dated September 5, 1995)
105-109
H. Utilities
1. Heritage Estates / Colonial Ten -ace Water
Line Replacement Project, Change Order #1
and Final Pay Request
(memorandum dated September 1, 1995) 110-119
2. 48th Place and 28th Court Water and Sewer
Service Extensions
(memorandum dated August 14, 1995) 120-124
� AY11 IY � ; ►I
1 ulul 1 ►I YY u
B. Vice Chairman Fran B Adams
1 ►�lul 1 �I YY a 1. 1
1 11 II 1 1
1 II II 1 1 1 \/1 � �!
State Incentive Option
(memorandum dated September 5, 1995) 125-145
E. Commissioner -john W To—,
11 I y r/ y; 1 �V
None
B. Solid Wact D'cnosal istrict
1. Approval of Minutes - Meeting of 8/.8/95
2. Approval of Minutes - Meeting of 8/15/95
3. Office and Maintenance Building - Final
Payment (#7) Approval
(memorandum dated August 30, 1995) 146
4. Proposed Landfill Industrial Park -
Status Report
(no backup provided)
15. A TO 1RNMFNT
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 x408 at least 48 hours in advance
of meeting.
� � i
Tuesday, September 12, 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, September 12,
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 led the Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
None
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or additions
to the Minutes of the Regular Meetings of August 8, 1995 or August
15, 1995. There were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the Minutes of the Regular Meetings of August 8,
1995 and August 15, 1995, as written.
CONSENT AGENDA
A. Report
Received and Placed on File in Office of Clerk to the Board:
Report of Convictions, August, 1995
SEPTEMBER 12, 1995
BOOK 96 P'uf 0
B. Award Bid #6005 - Annual Contract - Catch Basins and Storm Water
Inlets
The Board reviewed the following memo dated 8/28/95:
DATE: August 28, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director 0.
Department of General Services
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #6005/Catch Basins and Storm
Water Inlets Annual Contract
Road and Bridge
BACKGROUND
INFORMATION:
Bid Opening
Advertising
Date:
Dates:
August 11, 1995
July 28, Aug. 41
-
1995
Specifications
Replies:
Mailed to:
Eight (8) Vendors
Three (3)
BID TAB
American Concrete
Taylor Precast
Tri -County
Ft. Pierce, F1
Deland, F1
West Palm
SECTION
I
* $8,923.00
$11,300.00
$11,409.00
SECTION
SECTION
2
3
* $7,857.00
* $3,262.00
-$
$
8,691.00
3,402.00
.$111695.00
SECTION
4
* $1,816.00
$
21486.00
$
$
3,705.00
2,169.00
SECTION
SECTION
5
6
* $1,658.00
$4,192.00
$
$
21526.00
4,141.00 *
$
7,372.00
SECTION
7
$1,902.00
* $
11777.00
$
$
41033.00
21262.00
SECTION
SECTION
8
9
$1,701.00
$2,172.00
* $
* $
11186.00
1,942.00
$
11790.00
SECTION
10
$1,546.00
$
11562.00 *
$
$
2,509.00
1,454.00
SECTION
SECTION
11
12
$2,074.00
$2,506.00
$
$
2,131.00 *
21650.00 *
$
2,017.00
SECTION
13
$4,326.00
* $
4,158.00
$
$
2,416.00
4,882.00
SECTION
14
$ 949.00
* $
761.00
$
784.00
RECOMMENDATION:
1. Staff recommends that the bid be awarded on an item by
item low bid basis as noted by the (*) to each vendor
listed above.
2. Establish an Open End Contract with each of the
vendors listed above for a twelve month period
beginning October 1, 1995. Year to date expenditures
totals $2,000. Budget estimates for FX 95-96 is
$30,000.
3. Authorize the Purchasing Manager to renew this contract
subject to satisfactory performance, zero cost
increase, vendor acceptance, and the determination that
renewal is in the best interest of the County.
N
SEPTEMBER 12, 1995
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously awarded Bid
#6005 as set out in staff's recommendation.
C. Award Bid ##6013 - Chlorine. Utilities Dept.
The Board reviewed the following memo dated 9/5/95:
DATE: September 5, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Adminis rator
H.T. "Sonny" Dean, Director
Department of General Serviced#? -1W
FROM: Fran Boynton Powell, Purchasing Manager JrA
SUBJ: Award Bid #6013/Chlorine
Utilities Department
BACKGROUND INFORMATION:
Bid Opening Date: August 11, 1995
Advertising Dates: July 19, 26, 1995
Specifications Mailed to: Fourteen (14)
Replies: Two (2)
No Bids: Two (2)
BID TABULATION UNIT PRICE EXTENSION PRICE
Jones Chemicals
Orlando, FL
PB & S Chemicals
Ft Lauderdale, FL
RECOMMENDATION
60.00 Cylinder $30,000.00
(150 Lb)
400.00 $27,600.00
(2000 Lb)
60.00 $30,000.00
(150 Lb)
420.00 $28,980.00
(2000 Lb)
Staff recommends the following:
1. Award the bid to Jones Chemicals as the low bid for
Liquid Chlorine.
2. Establish an Open End Contract with Jones Chemicals
with a not to exceed amount of $150,000.00 during the
period. Last years expenditures totaled $143,581.00.
3. Authorize the Purchasing Manager to renew this contract
subject to satisfactory performance, zero cost
increase, vendor acceptance, and the determination that
renewal is in the best interest of the County.
3
SEPTEMBER 12, 1995 Boox 96 enE 0
Bo -o' '96 PnE 04
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously awarded Bid
#6013 to Jones Chemicals, as set out in staff's
recommendation.
D._ Award Bid ##6009 - Annual Contract - Traffic Signal Equipment
The Board reviewed the following memo dated 8/29/95:
DATE: August 29, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Services
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #6009/Traffic Signal Equipment
Traffic Engineering/Annual Contract
BACKGROUND INFORMAIfION:
Bid Opening Date: August 17, 1995
Advertising Dates: July 31, Aug 7, 1995
Specifications Mailed to: Twen`yFour(24) Vendors
Responses: Six 6)
ONE ATTACHED BID TABULATION SKEET FOR VENDORS LISTED BELOW
TW Comcorp Traffic Parts Inc
Orlando, FL Spring, TX
Transportation Control Sys Econolite Control
Tampa, FL Jacksonville, FL
Peek Transyst Corporation Duro Test Corporation
Tallahassee, -F1 Tampa, FL
RECOMMENDATION:
1. Staff recommends that items 11-25 be awarded to TW
Com_coru,_items #26-31 and #45-51 to TransDortation
Control System, items #32-41 to Traffic Parts and items
#42-43 to Duro Test Corp as the lowest, most responsive
and responsible bidders meeting specifications as set
forth in the Invitation to Bid.
2. Establish an Open End Contract with all vendors listed
above for the period October 1, 1995 throught September
30, 1996. Last year's expenditures totaled $45,000.00.
3. Authorize the Purchasing Manager to renew this contract
subject to satisfactory performance, zero cost
increase, vendor acceptance, and the determination that
renewal is in the best interest of the.County.
4
SEPTEMBER 12, 1995
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously awarded Bid
#6009, as set out in staff's recommendation.
E. Award Bid #5082 - Concrete Golf Cart Paths - Sandridge
The Board reviewed the following memo dated 8/30/95:
DATE: August 30, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
General Services -.0*
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #5082/Concrete Golf Cart Paths
Sandridge Golf Course
BACKGROUND INFORMATION:
Bid Opening Date:
August 28, 1995
Advertising Dates:'
August 16, 23, 1995
Advertisement Mailed to:
Replies:
Twenty Five (25) Vendors
Statement of "No Bids"
Four4
Five (5)
VENDOR LINEAR FOOT TT -L PROJECT COST
Timothy Rose Construction
15.99 $ 87,465.30
Ft Pierce, FL
Richard K Davis
20.11 $110,001.70
Ft Pierce, FL
Pavco Construction
24.75 $135,382.50
Melbourne, FL
Jim Wright Construction
27.06 $148,018.20
Vero Beach, FL
TOTAL AMOUNT OF BID
$ 87,465.30
SOURCE OF FUNDS Golf Course Operations Other
Improvements, Except Buildings
ESTIMATED BUDGET
$140,000.00
RECOMMENDATION
Staff recommends that the bid be awarded to Timothy Rose
Construction 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.
5
SEPTEMBER 12, 1995 Boos 96 05
800, 96 �Au 0
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously awarded Bid
#5082 to Timothy Rose Construction in the amount of
$87,465.30, as recommended by staff.
AGREEMENT ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
F. Lindsey Lanes Subdivision - Release and Substitute Portions of
Conservation Easements
The Board reviewed the following memo dated 9/5/95:
TO: The Board of County Commissioners
FROM: t William G. Collins II - Deputy County Attorney
DATE: September 5, 1995
SUBJECT: Lindsey Lanes Subdivision - Request to Release and
Substitute Portions of Conservation Easements
On July 26, 1994 at its regular meeting, the Board of County Commissioners
approved the concept of creating a 3j -acre native upland "land bank", to be
utilized in future situations where circumstances within the Lindsey Lanes
Subdivision require the release of any platted conservation easements.
Two requests have been received as follows:
° to debit the land bank by 930 square feet for the release of the
East 10 feet of the West 20 feet of the existing conservation
easement on Lot 1, Block F, Lindsey Lanes Subdivision, Phase I;
and
° to debit the land bank by 800 square feet for the release of the
West 10 feet of the East 20 feet of the existing conservation
easement on Lot 3, Block C, Lindsey Lanes Subdivision, Phase I.
RECOMMENDATION:
Authorize the Chairman to execute each Partial Release and Substitution of
Conservation Easement as to Lot 1, Block F, and Lot 3, Block C, Lindsey
Lanes Subdivision, Phase I to the land bank placed under conservation
easement on August 5, 1994 and as recorded at O.R. Book 1030, Page 428,
Public Records of Indian River County.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously authorized
the Chairman to execute each Partial Release and
Substitution of Conservation Easement, as set out in
staff's recommendation.
SEPTEMBER 12, 1995
- PARTIAL RELEASE AND SUBSTITUTION OF CONSERVATION EASEMENT
The Board of County Commissioners of Indian River County,
holder of a conservation easement by virtue of dedication on the Plat of
Lindsey Lanes Subdivision, Phase I, as recorded at Plat Book 13, Page 67A,
Public Records of Indian River County, hereby releases that portion of a
conservation easement described as follows:
The East 10 feet of the West 20 feet of Lot 1, Block F,
Lindsey Lanes Subdivision, Phase I, as recorded in Plat
Book 13, Page 67, Public Records of Indian River
County, Florida.
in consideration of the substitution of an equivalent conservation easement
(recorded in O.R. Book 1030, Page 428) over property described as:
The East 138.5 feet of the West 1,300.5 feet of the North
1,130 feet of Tract 10, Section 27, Township 33 South,
Range 39 East, according to the last general plat of the
lands of the Indian River Farms Company Subdivision
filed in Plat Book 2, Page 25, Public Records of St.
Lucie County, Florida; said land now situate in Indian
River County, Florida. Less the North 30 feet thereof
for canal right-of-way. Containing 3.5 acres more or
less (net) .
by Stolle Development Corporation.
This Partial Release and Substitution of Conservation Easement
approved on motion of Commissioner Eggert , seconded by Commissioner
Bird , and upon being put to a vote, the vote was as follows:
Chairman Kenneth R. Macht A y e
Vice Chairman Fran B. Adams A y e
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
WITNESS my hand and seal this _ZA day of�, 1995.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By:
/Z'V'W'
ennet . Macht, Chairman
ATTEST Date of Approval: S
By:
Jeffrey K. Barton
Clem Circuit C G1
7
SEPTEMBER
12, 1995 soon 96 PA'a 07
BOOK
PUBLIC HEARING - EXERCISE OPTION TO COST -SHARE
PURCHASE TIS WABASSO SCRUB LAAC SITE
VERO BEACH PRESS -JOURNAL
Published Daily
Vera Beach, Indian River County, Florida.
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press-Joumal• a daily newspaper published
at Vero Beach In Indian River County, Florida: that the attached copy of advertisement, being
in the matter of ii>r19.f917l�i1I_s��
In the // Court, was pub-
lished in said newspaper In the issues of1.11.Lf'L�A�
Affiant further says that the said Vero Beach Press-Joumal is a newspaper pubfished at
Vero Beach, in said Indian River County. Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida. each daily and has been
entered as second class mail matter at the post office in Vero Beach, In said Indian River Coun-
ty. Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement: and affiant further says that he has neither paid nor promised any person, firm
or,�c t pgt to�np any discount• rebate. commission or refund for the purpose of securing this
a4YeCkNkatLme�yAlpppy publication in the said newspaper.
,-AY�eD( ore a this 7 day of_/ A.D. 19 40–i:
5 1.1vCnmm f`cd:ea ;m
- W. In!)i LIF Whose Manager)
_ • Nn CC3@Mr, -t BARBARA C SPRAGM. -T4" th" I IC•
a
amort tL� ^'..��_.•� r• g. :xM w„+.ar: cciOnsr _
Subject Property . �A
:L
J F 0
^ N0TlC8011MUC EARM
Notloe of hate ig at which the Board of Canty
CAmmisato M tell oahstder Board" an option to
W&OMWI*_ POP " rdiff
�hty lards ampftWorh luo-
o�ied b E BeHlmhd Jane E �Nrh, !
oared at the' rhaihwest axrher of C.R. 510a
bassorh Road)
Tand 5ft 31 S n � �
above nip tr fhe locatbn Rathge 39 E See the
PW arties which parin Merest and
an apporhfiliyr to be heard, w8
be held by the Board of CM
sbCarte briers of
on Cherrhere of the Adrtdrrsstidion Buld-
ifh8, boated at 1840 25th Street, Vero -'Beach, Fior-- ..
Ida on:Ttaidday� September 1'2,1995 at 905 a.m.
any decision
which may frh� at ft wish �rnnhg wN noted to an.
stye lhet a verbatm rtithord of the proosompa is
,frieft which which bf lestirharhy and evlderhoB upon
ANYONE INd NEEDS A SPECAL ACCOMMODA.
TION FOR THS MEETNQ MUST CONTACT THE
COUNTY'S AMERICANS WITH D1BA131UTE:S ACT
(ADA) COORDINATOR AT 5874000 X223 AT
LEAST 48 HOURS IN ADVANCE OF- THE MEET -
W0. '
NVDIAN FUM COUNTY
BOARD OF COUNTY Cc' MM68101iffis
BY-s-Kaneth R. Me t, ( rh
Ah4.5,1995 1222389
Roland DeBlois, Chief of Environmental Planning, presented the
following staff recommendation dated 9/5/95:
8
SEPTEMBER 12, 1995
M M
TO: James E. Chandler
County Administrator
Robert M. Keating; I
Community Developm t
FROM: Roland M. DeBlois,%AICP
Chief, Environmental Planning
DATE: September 5, 1995
SUBJECT: Request for•the Board to Consider Exercising its Option
to Cost -Share Purchase the Wabasso Scrub LAAC Site
It is requested that the information herein presented be given
formal consideration by the Board of County Commissioners at its
regular meeting of September 12, 1995.
DESCRIPTION & CONDITIONS:
On June 27, 1995, the Board of County Commissioners approved an
Option Agreement for the (Sale and) Purchase of the "Wabasso Scrub"
environmental land acquisition project, and approved a project
management plan for the property. The Option Agreement has since
been executed by -the Florida Communities Trust (FCT), which is a
50% cost -share partner in the acquisition. For reference, a copy
of the staff memorandum presented to the Board on June 27th, along
with unapproved minutes of that meeting, is attached.
Purchase Option Exercise Approval
At the June 27, 1995 Board meeting, staff explained that, before
the Board may choose to exercise the purchase option, Florida
Statutes Section 125.355 requires a public hearing with at least 30
days public notice. A public hearing with 30 days notice has since
been duly advertised for the September 12, 1995 County Commission
meeting. As such, although the Board has largely approved the
purchase, this matter is presented for the Board to formally
consider exercising the option to buy the Wabasso Scrub site.
Approval of Required Closing Documents
In addition to the Board's formal exercise of the purchase option,
FCT requires County Commission approval of the following documents
(attached) prior to closing:
• Addendum IV to the Conceptual Approval . Agreement
(increasing FCT match to 50% of actual costs)
• Purchaser's Reconciliation of Total Project Costs
•- Grant Award Agreement
SEPTEMBER 12, 1995 9 BOOK 916 F11 0
800K 96 lo
ALTERNATIVES & ANALYSIS:
Addendum IV to Conceptual Approval Agreement
As requested by the County, the FCT Governing Body has approved an
increase of the original estimate of state cost -share to reflect
50% of actual acquisition costs. This match includes 50% cost -share
of:
• Total land purchase price
• Survey
• Appraisals
• Title report
• Title insurance
• Acquisition consultant fee
Although the FCT has approved the match funding increase, FCT
requires that the County formally execute an addendum (Addendum IV)
to the original project Conceptual Approval Agreement revising
total project costs, and submit it to the FCT for full execution
prior to closing.
Purchaser's Reconciliation of Total Project Costs
The "Purchaser's Reconciliation of Total Project Costs" document is
a statement of total project costs, and that document is required
to be approved by the County and the FCT prior to closing.
Grant Award Agreement
The "Grant Award Agreement" is a document required by FCT to be
recorded in public records at the time of closing: The purpose of
the Agreement is to set forth in the public record the terms,
conditions, and restrictions on the use of the Wabasso Scrub
property as agreed to in the project Conceptual Approval Agreement
and on implementation of the management plan.
Other Closing Documents
In addition to the referenced documents subject to formal approval
by the Board, following is a list of other documents required for
closing that are undergoing administrative review by county staff
for legal sufficiency:
• Survey
• Warranty Deed to Indian River County
• Closing Statements
• Title Insurance documents
• Environmental Site Phase I Audit
& Environmental Affidavit
The environmental audit has been completed and submitted to staff,
and has been found by staff to be satisfactory. Attached is the
audit's executive summary, which concludes that no hazardous
materials were found on the property, and that the "probability
that the subject property's environmental integrity has been
compromised is minimal". Since the time of the audit, staff has
verified that, in accordance with the Option Agreement, the seller
has fulfilled its obligation of removing all junk, trash, and
debris from the property.
Kiwanis-Hobart LWCF Conversion Denial
As presented in staff's memorandum to the Board on June 27, 1995
(attached), staff has investigated whether the Wabasso Scrub would
be accepted by FCT as a Land and Water Conservation Fund (LWCF)
10
SEPTEMBER 12, 1995
conversion site to allow the County to donate a +19 acre portion of
Kiwanis -Hobart Park to the Winter Beach Cemetery for cemetery
expansion. FCT, however, in its approval of the Wabasso Scrub
project plan, denied the LWCF conversion. This non -approval was
based on FCT's reluctance to set a precedent of the state program
being utilized in a way which would reduce overall acreage
available to recreation use by the public, without compensation
(e.g., from Winter Beach Cemetery) for that reduction.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners exercise
its option to purchase the Wabasso Scrub property, and authorize
the Board Chairman to execute the attached Addendum Iv to the
Conceptual Approval Agreement; Purchaser's Reconciliation of Total
Project Costs; and Grant Award Agreement. Further, staff recommends
that the Board authorize staff to administratively approve other
documents and undertake necessary actions to close the purchase.
Mr. DeBlois advised that the property has been substantially
cleared of debris by the owners and staff is recommending that the
Board exercise the option to purchase the Wabasso scrub property.
Recently, we have received further indications from the U.S. Fish
& Wildlife Service and are working with them to gain mitigation
credit for this property for the CR7512 project. Their concern was
just the fact that protecting the existing scrub jay habitat was
not necessarily acceptable mitigation, but we made it clear to them
that we actually are improving and expanding the habitat that would
be suitable for scrub jays by managing it and burning it. That is
the portion they are interested in looking at. We are pursuing
that aggressively and hope it works out.
Chairman Macht felt that is the rationale we need to bear in
mind when we do other acquisitions.
Commissioner Tippin cautioned again about not burning off the
underbrush of the property during the turtle nesting season and to
notify people blefore doing so. Mr. DeBlois believed the Management
Plan requires that a workshop be held and notification given before
a fire.
The Chairman opened the Public Hearing and asked if anyone
wished to be heard in this matter.
Jim Granse, 36 Pine Arbor Lane, advised that he would not be
repeating the arguments or points he had made at the last meeting
when he voiced his objections to the purchase of this property. He
pointed out that in January, 1986, this property was purchased by
it
SEPTEMBER 12, 1995
BOOK 9,6 1
Boos 96 f* 12
the present owners, as well as the property that is now the golf
course. Mr. Granse emphasized that the U.S. Fish & Wildlife
Service could not have been around at that time because a lot was
built on that property. Now, all of a sudden, the turtles and
scrub jays are making it impossible to build on the property. The
taxes being paid on this property amount to approximately
$14,200,000, which will be taken right off the book. Mr. Granse
emphasized that the cost for the maintenance plan goes on forever.
He asked why we have to purchase lands for mitigation when we
already own lands that can use for mitigation. He felt the only
people who are coming out ahead on this are the present property
owners and that it is too bad that are looking at it this way.
There being no others who wished to be heard, the Chairman
closed the Public Hearing.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously agreed to
exercise its option to purchase the Wabasso Scrub
property and authorized the Chairman to execute
Addendum IV to the Conceptual Approval Agreement and
other documents listed in staff's recommendation.
ADDENDUM IV AND RELATED DOCUMENTS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
(see Book 95 Page 604)
REDUCTION IN COUNTY'S THANKSGIVING/CHRISTMAS
PROGRAM
The Board reviewed the following memo dated 9/6/95:
TO: Members of the Board
of County Commissioners
DATE: September 6, 1995
SUBJECT: THANKSGIVING/CHRISTMAS PROGRAM
THROUGH: James E. Chandler
County Administrator
FROM: Joyce M. " hnston Carlson
DirectorTC Welfare
DESCRIPTION AND CONDITIONS
I have grave concerns about the 1995 Thanksgiving and Christmas programs. These concerns come
from a decrease in donations of dollars, gift certificates and food over the past four (4) years. The
toy donations for Christmas remain very good. The following chart shows the decline in dollar
donations:
12
SEPTEMBER 12, 1995
M ® M
199-1
$10,395
1992
$7,495
1993
$5,945
1994
$5,135
The cost of the program for 1994 was $7,512. Only through the collections in 1991 have we been
able to continue the program for the past three years. Those extra dollars have now been expended.
HISTORY
The Thanksgiving program serves 300 families, and provides gift certificates to each of these families.
The dollar amount depends on the size of the family ranging from $10.00 for families of 1 and 2 to
$15.00 for the larger families (limitation on the gift certificates for food only.)
The Christmas program serves these same 300 families, and provides gift certificates to each family,
a basket (sack) of food and toys for each child under the age of 14. Again, the gift certificate amount
was dependent on family size with $10:00 for families of 1 and 2, $15.00 for families of 3, 4, 5 and
-.6 and $20.00 for families of 7 and more. The size of the sack of food also depended on the family
size.
These programs have always been provided for by donations from the community and we have not
had to use tax dollars to support either the Thanksgiving or the Christmas gifts. In 1985 when I
started the program, there was only one other program that did either Thanksgiving or Christmas for
the general public and that was the Salvation Army. There were churches who provided for members
of their congregation, but not the general public. In .1994 I counted 13 programs that were doing
everything from serving meals to similar programs that the Welfare Department was providing.
OPTIONS FOR CHANGE
1. Reduce the number of families in the program from 300 to 150 cutting the expenses
to about half and referring the remaining 150 families not served to other agencies.
2. Eliminate the Thanksgiving program cutting the cost by $3,195 as based on the 1994
figures.
3. Leave the program as it was in 1994 but ask the County to cover any part of the
program that donation from the community does not cover. This could be any
amount up to the $7,512, but I would estimate closer to $3,000. This amount would
not be available until after the program is completed in December.
RECOMMENDATION
Staff recommendation would be to reduce the number of families served to 150.
Welfare Director Joyce Carlson advised that in other years we
have coordinated with all of other agencies having similar programs
SEPTEMBER 12, 1995
13
BOOK ds'f1�;c
IR
BOOK96 'F$fx 1
by sharing our approved list so that there is no duplication of
donations.
Chairman Macht was concerned about duplication of effort, and
Commissioner Eggert was concerned about dropping the County program
entirely this year since the holidays are coming up fast.
Director Carlson advised that staff's recommendation is to
reduce the number of families in the program by half -- from 300 to
150. In order to reduce that much, we will look at incomes,
expenses and just take those who are the neediest.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Adams, to approve staff's recom-
mendation of Option #1.
Under discussion, Chairman Macht and Commissioners Eggert and
Tippin emphasized that there will be 13 other agencies
administering Thanksgiving and Christmas programs and the County
will be taking care of the neediest 150 people.
Commissioner Adams noted that this is actually the reverse of
what we normally do. Usually, these programs get started and then
the County takes over the funding.
THE CHAIRMAN CALLED FOR THE QUESTION. The
Motion was voted on and carried unanimously.
REVIEW OF CRITERIA FOR MOBILE PET VACCINATION
SERVICES AND OTHER TEMPORARY USE PERMITS
The Board reviewed the following memo dated 9/6/95:
TO: James E. Chandler
County Administrator
D ION HEAD CONCURRENCE:
Robert 14. KdAti
, AI
Community Deve o men irector
FROM: Stan Boling,, AICP
Planning Director
DATE: September 6, 1995
SUBJECT: Review of Criteria for Mobile Pet Vaccination Services
and Other Temporary Use Permits
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of September 12, 1995.
14
SEPTEMBER 12, 1995
BACKGROUND:
•Board Direction
At its August 15, 1995 meeting, the Board of County Commissioners
discussed various concerns and issues related to mobile pet
vaccination services. In addition to discussing pet vaccination
services, the commission expressed some concerns regarding special
sales events allowed in shopping center parking lots and retail
store parking lots via temporary use permits.
At the end of its August 15th discussion on these issues, the Board
directed staff to review these issues and come back to the Board
with recommendations. County planning staff has reviewed current
LDR (land development regulation) allowances for temporary uses in
general and mobile pet vaccination services in particular. In
doing so, planning staff has coordinated with the Environmental
Health Department, the County Attorney's Office, the City of Vero
Beach planning department, and the City of Vero Beach attorney's
staff.
•General Characteristics of Temporary Uses
As per the county's regulations, a temporary use is defined as a
use established for a fixed period of time with the intent to
discontinue such use upon a certain expiration date. Under the
LDRs, temporary uses are also uses set-up on a specific site, where
customers or employees are attracted to or brought onto the site.
Many types of temporary uses involve activities conducted outside
of enclosed buildings (e.g. tent meetings, special sales or sports -
related events). As such, temporary uses may involve activities
that, if conducted indoors, would require no special permit review
or approval. For instance, a shopping center or mall could have
vaccination services provided within a tenant unit without any
special permit review or approval by the planning division. Such
a use, however, for a short period of time could be conducted
outside of the shopping center or mall building under a temporary
use permit, provided various conditions are satisfied.
*Temporary Uses Allowed Under Current LDRs
LDR Chapter 972 sets forth allowances and criteria for all
temporary uses. Certain temporary uses are specifically addressed
and regulated in Chapter 972 by zoning district type (agricultural,
residential, commercial, and industrial). These specifically
listed uses include:
- Model homes
- Temporary construction offices
- Temporary watchman's quarters
- Temporary meeting, recreation or amusement facilities
- Temporary real estate sales office
- Transient merchants (e.g. fruit and vegetable stands,
Christmas tree sales)
Special vehicle and boat sales events
Other uses are allowed under a broad category of "similar temporary
uses", and still other temporary uses are allowed that are
accessory to a principal use (e.g. tent revival on a church site).
For several years, planning staff has treated plant sales and other
commercial events held in shopping center parking lots as similar
to special vehicle and boat sales events, which are specifically
allowed in such parking lots under certain conditions.
15
SEPTEMBER 12, 1995 Boa 96 P&u
BODE 9 F; .rrF
In summary, the current LDRs and staff's interpretation of "similar
temporary uses" .allow temporary uses that have customarily and
historically occurred in the county, and allow special sales and
promotional events in parking lots where excess parking spaces
exist and where the temporary use is accessory to or similar to an
allowable use within the zoning district of a given site.
As with all temporary uses, all temporary commercial events are
subject to general review standards (see attachment #2) which
include:
1. Mitigation of nuisance or hazardous uses.
2. Adequate and safe traffic circulation and parking.
3. Adequate facilities and services such as utilities, drainage,
solid waste, and emergency services access.
4. Protection of the natural environment (e:g. no protected trees
are allowed to be removed to accommodate temporary uses).
5. Site suitability.
6. As short a duration of the use as practicable.
7. Protection of -the public health (e.g. inspection of food
service operations by the Environmental Health Department).
Conditions may be added to permits to ensure that these general
standards are met. In addition to these general standards,
specific standards are provided in Chapter 972 for model homes,
temporary construction and watchman's quarters trailers, temporary
real estate offices, transient 'merchants (Christmas tree,
fireworks, and satellite seafood sales operations), and special
vehicle and boat sales events. An example of such a specific
standard is the limitation of model home open hours -to 8:00 a.m. to
7:00 p.m.
All temporary use permit applications are processed by planning
staff and are reviewed by other departments as necessary, depending
upon the proposed use or event and its location. Also, all
applications are reviewed and approved or denied by the community
development director.
•Mobile Pet Vaccination Temporary Uses
Within the last few years, county planning staff has received
several temporary use permit applications to allow special events
for temporary outdoor pet vaccination clinics. The requests
initially involved setting -up the clinics on portions of parking
lots of pet center stores. Later requests proposed such uses in
parking lots of site planned shopping centers. In each case, the
proposals were for a 1 or 2 day weekend clinic, and all facilities
were proposed only within site -planned projects where more parking
spaces are provided than required by the off-street parking
ordinance.
Within the last year, 2 mobile vaccination clinics have been
approved via the temporary use permit process in the unincorporated
area of the county. Both permits were issued to Pet Vaccine
Services, Inc. for 2 separate clinics in a portion of the Ryanwood
Shopping Center parking lot. One event was approved for Sunday,
July 9, 1995, and the other was approved for Sunday, August 6,
1995. Each permit contained a "condition" whiff.stated that the
applicant was responsible for conducting the clinic in accordance
16
SEPTEMBER 12, 1995
M
with Florida Statutes and the rules and -regulations of the Florida
Board of Veterinarian Services (FBVS). A copy of each permit was
sent to the FBVS and county animal control, andd-a copy of the
permit for the August 6th event was also sent to the environmental
health department.
Planning staff's application of the TUP provisions is to allow
mobile pet vaccination clinics when accessory to a pet center or
veterinarian service use, and where such uses are allowed by zoning
such as in zoning districts where existing shopping center projects
are allowed. In staff's opinion, such an allowance for very short
term vaccination clinics is similar, in regards to zoning matters,
to allowances for special vehicle and boat sales events, which are
specifically allowed in the TUP provisions (see attachment #3).
At its August 15th meeting, the Board directed staff to contact the
Board if another TUP application for a mobile pet vaccination
clinic is received. To date, no applications have been received.
The City of Vero Beach planning and legal staff, however,
coordinated with county staff regarding a request for such a use in
the city. City staff concluded that its regulations, like those of
the county, would allow such clinics to be conducted on a temporary
basis in zoning districts where permanent veterinarian clinics are
allowed, provided adequate parking and site issues are addressed.
At its August 15th meeting, the Board also expressed concerns
regarding certain aspects of mobile pet vaccination clinics,
including: health and safety for the animals (procedures, clean
facilities, outdoor conditions), enforcement of health and safety
requirements, and appropriateness of allowing such temporary
commercial services out-of-doors.
ANALYSIS
*Health and Safety for the Animals
According to an opinion of the county attorney (see attachments #4
and #5), the state has already addressed animal health and safety
issues in its requirements for limited service veterinary medical
practice permits. Furthermore, it is the county attorney's opinion
that the county is pre-empted from adding requirements on top of
the state requirements. Therefore, the county is precluded from
adding animal health and safety requirements.
•Enforcement of Health and Safety Requirements
In regards to sanitation issues that affect humans, as referenced
in the county attorney's opinion, the county environmental health
director has stated that adequate state and local sanitation
regulations already are in force. Therefore, staff's conclusion is
that no new sanitation regulations are needed. In regards to
enforcement of animal health and safety regulations and sanitation
regulations, the environmental health director has stated that his
department will commit to inspecting each pet vaccination clinic
for compliance with state limited services veterinarian clinic
permit standards as well as state and local sanitation
requirements. Therefore, local staff are in place to inspect and
enforce these regulations.
•Appropriateness of Temporary Uses Including Temporary Outdoor
Commercial Events and Services
It has been the .county's policy to allow certain temporary uses
including temporary outdoor commercial uses when properly regulated
17
SEPTEMBER 12, 1995 boa 96ip1iuiE. 17
roux " 6, 'a 1
in regards to nuisance impacts, traffic and parking, adequate
facilities, protection of the environment, site suitability,
duration, and public health. Under certain conditions, these uses
have been determined to be appropriate and even necessary. The
county has considered the following temporary uses to be
appropriate for the following reasons:
1. Transient merchant uses such as Christmas tree and fireworks
sales are traditional seasonal sales that have historically
been allowed on parking lots and vacant lots. Christmas tree
sales tend to involve a significant amount of sales space and
special handling that is best accommodated out of doors.
Other transient merchant sales such as fruit and vegetable
stands and satellite seafood sales also have a historical
basis in the county and are intended to allow, but not
require, a direct sales outlet for locally grown fruits and
vegetables and locally caught seafood. Although fruit and
vegetables stands have historical roots in the county, to keep
such facilities from becoming de facto grocery stores that do
not meet normal site development standards for grocery stores,
such stands are currently prohibited from connecting to
electrical, telephone, water, sewer and other utility
services.
Z. Temporary structures such as construction trailers and
watchman's quarters are necessary to accommodate construction
projects in terms of providing on-site management and
coordination, and security. Such structures also allow some
equipment and materials to be stored indoors, which is
generally more aesthetic than outdoor storage.
3. Accessory uses such as seasonal outdoor plants sales around
garden centers or tent meetings at churches allow for special
commercial and non-commercial events where site improvements
are already in place to accommodate a temporary "expansion" of
the permanent use.
4. Special sales events such as car sales and mobile pet
vaccination clinics are not necessarily related to a permanent
on site use. Car sales events were specifically added to the
list of allowable temporary uses in 1987. At that time, the
county determined that car sales events, especially those
involving more than one dealership, require a significant
amount of space and should not be restricted to individual car
lots, due to general site constraints, or to the fairgrounds
site, due to its location which is remote from commercial
areas.
•Other Issues
One important issue related to temporary uses is the fairness of
allowing certain commercial activities via a temporary use permit
on sites that are not improved to the standard required of
permanent businesses. First„ it should be noted that the allowed
temporary commercial uses have limitations not imposed on permanent
businesses. Examples include the utilities limitations on fruit
and vegetable stands and time limitations. Also, it should be
noted that site criteria are applied to such uses, and that these
criteria are similar to temporary use or special use permit
criteria used in other jurisdictions. Although certain temporary
uses are justified, some inequities are bound to occur, since items
or services sold at temporary use sites or events are also sold at
permanent businesses.
18
SEPTEMBER 12, 1995
Aesthetics is another concern since outdoor events and sales tend
to be less aesthetic. Such events can create a -negative visual
impact along a roadway and such negative impacts are the main
reason that outdoor flea markets are strictly regulated in the
county and in other jurisdictions. Due to these possibly negative
impacts, the draft Wabasso Corridor Plan proposes to prohibit
outdoor sales events within the Wabasso Corridor area. Staff will
consider recommending that the Board enact such a prohibition along
the SR 60 corridor when the Board reviews the SR 60 Corridor Plan
in the future.
•Alternatives
The Board has several alternatives in dealing with temporary uses
in general and mobile pet vaccination services in particular.
These alternatives include:
1. Eliminate temporary uses Although this alternative addresses
all fairness, aesthetics, and site improvements issues, it is
not practical. As previously described, certain temporary
uses are necessaryaand many have been allowed for many years
without a history of creating problems.
2. Restrict and further reculate temporary uses. More
restrictive, special regulations could be applied to address
specific nuisance or site development concerns. However, in
staff's opinion the existing general review standards for
temporary uses already address such concerns.
3. Prohibit certain temporary uses in certain areas. As is the
case with the draft Wabasso Corridor Plan, for aesthetic
reasonsicertain uses can be prohibited in certain areas as
long as such uses are reasonably accommodated elsewhere. In
staff's opinion, for aesthetic reasons all outdoor sales and
service events, including mobile pet vaccination services,
could be prohibited from the Wabasso and SR 60 corridors.
Under such an alternative, similar commercial events would be
treated equally and would be reasonably accommodated within
the county outside of those corridors.
4. Make no changes to temporary use regulations The Board could
affirm the existing LDRs and staff's interpretation of the
existing regulations, as described in this report.
•Summary
In regards to animal health and safety issues, it is the opinion of
the county attorney that the state has already adopted regulations
to address these issues. These regulations, as well as state and
local sanitation regulations can be monitored by environmental
health department staff without a change to current county LDRs.
19
SEPTEMBER 12, 1995 600 96,,
BOOK 96, , PF ?F
In regards to zoning matters, mobile pet vaccination clinics are
similar to other temporary commercial sales or service events.
Such events are regulated in regards to public health, nuisance,
duration, and site suitability issues. Such uses are required to
be conducted on improved sites where excess site use capacity
exists due to vacant tenant space, closed stores, or oversizing of
improvements. Staff's position is that any restrictions or
prohibitions placed on mobile pet vaccination clinics should also
be placed on similar temporary commercial sales and service events.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners:
1. Direct staff to require mobile pet vaccination clinic
temporary use permit applicants to arrange for environmental
health department inspections and for such applicants to
comply with environmental health department directives given
to correct any items found not to be in compliance with state
and local health regulations.
2. Affirm staff's current interpretation of temporary use
regulations as described in this report or provide staff with
policy changes that can be formally implemented in the next
round of LDR amendments.
Commissioner Adams suggested this item be tabled for two weeks
since we are not able to contact -Pet Vaccine Services, Inc.
Commissioner Eggert advised that she would be away in two
weeks and would like to address the matter next week.
Chairman Macht suggested deferring it until Commissioner
Eggert's return from knee surgery at the end of October.
Planning Director Stan Boling anticipated a request for
another clinic to be held at Ryanwood in October, and the Board
directed staff to apply the existing rules until it is changed, if
it is changed.
Chairman Macht announced that we will schedule.a meeting on
Commissioner Eggert's return after surgery.
20
SEPTEMBER 12, 1995
s r �
RESOLUTION FOR PURCHASE OF SEBASTIAN UTILITIES
OMB Director Joe Baird advised that instead of several
resolutions, this matter will be covered with just one resolution.
Basically, the resolution authorizes the purchase of the Sebastian
system and authorizes the County to def ease their bonds. The Board
already has approved the purchase, but this is just putting it into
resolution form so that we have the ability to deal with the paying
agent and defease the bonds. He anticipated closing on the
purchase by September 29, 1995.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 95-102, providing for the acquisition
from the City of Sebastian, Florida of its water and
sewer system; etc.
RESOLUTION NO. 95- IU
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA PROVIDING FOR THE
ACQUISITION FROM THE CITY OF SEBASTIAN, FLORIDA OF ITS
WATER AND SEWER SYSTEM; APPROVING AND AUTHORIZING THE
EXECUTION AND DELIVERY OF AN INTERLOCAL AGREEMENT
PROVIDING FOR THE TRANSFER OF THE CITY OF SEBASTIAN WATER
AND WASTEWATER SYSTEM; PROVIDING FOR THE. DEFEASANCE OF
THE $5,000,000 CITY OF SEBASTIAN, FLORIDA UTILITIES
SYSTEM REVENUE BONDS, SERIES 1993 IN CONNECTION
THEREWITH; APPROVING AND AUTHORIZING THE EXECUTION AND
DELIVERY OF AN ESCROW DEPOSIT AGREEMENT; AUTHORIZING THE
PURCHASE OF FEDERAL SECURITIES; APPOINTING AN ESCROW
AGENT; ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN
ACQUISITION COSTS INCURRED WITH PROCEEDS OF FUTURE TAX-
EXEMPT FINANCING; MAKING CERTAIN OTHER COVENANTS AND
AGREEMENTS IN CONNECTION THEREWITH; PROVIDING CERTAIN
OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, that:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is
adopted pursuant to the Constitution of Florida, Section 125.01,
Florida Statutes, and other applicable provisions of law.
21
SEPTEMBER 12, 1995 800F
p, r.,-
BOOK , f- rE 22
SECTION 2. DEFINITIONS. Unless the context otherwise
requires, the terms used in this Resolution shall have the meanings
specified in this section. Words importing singular number shall
include the plural number in each case and vice versa and words
importing persons shall include firms and corporations.
"Acquisition Agreement" shall mean that certain Interlocal
Agreement for the Transfer of the City of Sebastian Water and
Wastewater System between the City and the County, the form of
which is attached hereto as Exhibit A, pursuant to which the County
is to acquire the City System from the City.
"City" shall mean the City of Sebastian, Florida.
"City Bonds" shall mean the outstanding principal amount of
the City of Sebastian, Florida Utilities System Revenue Bonds,
Series 1993.
"City Bond Resolution" shall mean Resolution No. R-93-67 as
adopted by the City and as amended from time to time.
"City System" shall mean the water and sewer system of the
City existing on the date of the acquisition thereof by the County
in accordance with the terms hereof.
"County" shall mean Indian River County, Florida, a political
subdivision of the State of Florida.
"Paying Agent" shall mean, as to the City Bonds, The Bank of
New York (formerly Barnett Banks Trust Company, N.A.), its
successors and assigns, as paying agent and registrar for the City
Bonds.
"Registrar" shall mean, as to the City Bonds, the Paying
Agent.
"Resolution" shall mean this resolution as from time to time
amended or supplemented, in accordance with the terms hereof.
"System" shall mean the water and sewer systems owned and
operated by the County, wherever located in the County, together
with any and all improvements, extensions and additions thereto
hereafter constructed or acquired and any physically independent
W
SEPTEMBER 12, 1995
� s �
water or sewer system hereafter made a part of the System by
resolution of the Board of County Commissioners together with any
and all improvements, extensions and additions thereto hereafter
constructed or acquired.
SECTION 3. FINDINGS. It is hereby ascertained, determined
and declared that:
(A) The County now owns, operates and maintains the System
and will continue to derive revenue from the rates, fees, rentals
and other charges made and collected for the service of such
System.
(B) The County deems it necessary and in its best interest of
and in furtherance of the health and safety of the citizens and
residents of the County and the City to provide for the acquisition
of the City System from the City. The acquisition program herein
described will be advantageous to the County by allowing it to
operate an integrated System within the County in order to better
serve the citizens and residents of the County.
SECTION 4. AUTHORIZATION OF ACQUISITION OF THE CITY SYSTEM.
There is hereby authorized the defeasance of the City Bonds in the
manner provided herein and in the Acquisition Agreement; and the
acquisition of the City System, in accordance with the terms and
conditions of the Acquisition Agreement, is hereby authorized. The
execution and delivery of the Acquisition Agreement, in
substantially the form attached hereto as Exhibit A, is hereby
approved and the Chairman, Vice Chairman and County Clerk are
hereby authorized and directed to execute the Acquisition Agreement
in substantially the form attached hereto as Exhibit A to indicate
the County's acceptance thereof, subject to such changes,
insertions or omissions as may be approved by the Chairman, Vice
Chairman and County Clerk executing same, and the execution of the
23
SEPTEMBER 12, 1995
eooK 96 Ara 23
acceptance of the Acquisition Agreement by such authorized officer
of the County shall be conclusive evidence of any such approval.
Following the execution and delivery of the Acquisition Agreement
by the County and the City, the County Clerk is hereby authorized
and directed to cause the Acquisition Agreement to be recorded in
the public records of Indian River County, Florida. Upon the
acquisition of the City System, the City System shall be integrated
into the System to be operated by the County thereafter as part of
the System, and no separate accounting for the City System shall be
required thereafter.
SECTION 5. AUTHORIZATION OF DEFEASANCE OF CITY BONDS.
Subject and pursuant to the provisions hereof, the obligations of
the City known as the City of Sebastian, Florida Utilities System
Revenue Bonds, Series 1993 are authorized to be defeased by the
County in the aggregate principal amount of not exceeding
$5,000,000. At the closing of the acquisition and transfer of the
City System to the County, the County shall deliver to the escrow
holder (the "Escrow Holder") under the Escrow Deposit Agreement, as
hereinafter defined, in escrow, either Federal Securities (as
defined in the City Bond Resolution), or cash in an amount
sufficient to enable the Escrow Holder to acquire Federal
Securities, each in a principal amount and bearing interest and
maturing at such time as to enable the Paying Agent for the City to
redeem the City Bonds on their respective maturity dates and to
defease the lien of the City Bond Resolution on the City System in
accordance with Section 5.07 of the City Bond Resolution.
SECTION 6. ESCROW DEPOSIT AGREEMENT. The execution and
delivery of the Escrow Deposit Agreement (the "Escrow Deposit
Agreement") to provide for the deposit of Federal Securities with
the Escrow Holder to accomplish the defeasance of the City Bonds,
in substantially the form attached hereto as Exhibit B, is hereby
approved, and the Chairman, vice Chairman and County Clerk are
hereby authorized and directed to execute the Escrow Deposit
Agreement in substantially the form attached hereto to indicate the
County ' s acceptance thereof, subject to such changes, insertions or
24
SEPTEMBER 12, 1995
a � �
omissions as may be approved by the Chairman, Vice Chairman and
County Clerk executing same, and the execution of the acceptance of
the Escrow Deposit Agreement by such authorized officer of the
County shall
be
conclusive evidence
of any such
approval.
SECTION
7.
PURCHASE OF FEDERAL
SECURITIES.
The Clerk of the
Circuit Court in and for Indian River County, in consultation with
the Director of the Office of Management and Budget, is hereby
authorized to select and purchase the Federal Securities for
deposit to the Escrow Account created under the Escrow Deposit
Agreement.
SECTION 8. ESCROW HOLDER. The Bank of New York is hereby
:appointed to serve as Escrow Holder under the Escrow Deposit
Agreement.
SECTION 9. DECLARATION OF INTENT. The County hereby expresses
its intention to be reimbursed from proceeds of a future tax-exempt
financing for capital expenditures to be paid by the County in
connection with the acquisition of the City System through the
defeasance of the City Bonds as herein authorized. Pending
reimbursement, the County expects to use funds on deposit in the
County's water and sewer system enterprise fund and/or the County's
general fund to pay the costs of acquiring the City System through
the defeasance of the City Bonds. It is not reasonably expected
that the total amount of debt to be incurred by the County to
reimburse itself for expenditures paid with respect to the
acquisition of the City System will exceed $5,000,000. This
Resolution is intended to constitute a "declaration of official
intent" within the meaning of Section 1.150-2 of the Income Tax
Regulations.
SECTION 10. EXECUTION OF DOCUMENTS. The Chairman and Vice
Chairman of the Board of County Commissioners, the County Finance
Director, the.County Administrator and the County Attorney or any
25
SEPTEMBER 12, 1995 aooK aux
800(6 i.26
other appropriate officers of the County are hereby authorized and
directed to execute any and all certifications or other instruments
or documents required by this Resolution, the Acquisition
Agreement, the Escrow Deposit Agreement or any other document
referred to above as a prerequisite or precondition to th@
acquisition of the City System through the defeasance of the City
Bonds, and any representation made therein shall be deemed to be
made on behalf of the County.
SECTION 11. SEVERABILITY. If any one or more of the
covenants, agreements or provisions of this Resolution should be
held contrary to any express provision of law or contrary to the
policy of express law, though not expressly prohibited, or against
public policy, or shall for any reason whatsoever be -held invalid;
then such covenants, agreements or provisions shall be null and
void and shall be deemed separate from the remaining covenants,
agreements or provisions of this Resolution or of the City Bonds
assumed hereunder.
SECTION 12. INCONSISTENT RESOLUTIONS. All prior resolutions
of the County inconsistent with the provisions of this Resolution
are hereby modified, supplemented and amended to conform with the
provisions herein contained.
SECTION 13. EFFECTIVE DATE. The provisions of this Reso-
lution shall take effect immediately upon its passage.
PASSED AND ADOPTED the 12 day of September , 1995.
BOARR'"OF COUNTY COMMISSIONERS
INIy.JI`AN RIVER CO Y, FLORIDA
11LLG
Chairman KENNETH R. MACHT
(SEAL)
T:
Coun C clerk J.K.
✓��Jc�.
f
26
SEPTEMBER 12, 1995
APPP0\ E0 AS TO FO �M
AnLEGAL SUFFIC!ENCY:
Q
Charles P. Vitunac
County Attorney
58TH AVE. RIGHT-OF-WAY ACQUISITION: PARCEL #123, RIVERA
ESTATES
The Board reviewed the following memo dated 8/29/95:
TO: James E. Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director--
FROM: Donald G. Finney, SRAII'-b. -- -
County Right -of -Way Agent
SUBJECT: 58th Avenue Right -of -Way Acquisition; Parcel #123, Rivera
Estates, Lot 1 and 2, Block 1
DATE: August 29, 1995
DESCRIPTION AND CONDITIONS
Additional right-of-way is required on 58th Avenue for the paving
improvement project from Route 60 to 26th Street.
The property owner has executed a contract to deed the right-of-way
to the county in exchange for the installation of water to the
residence from the existing county utility line.
The contract price is not to exceed $3,000.00 for the 15' wide x
1401 (2,100 square foot) parcel. There are no appraisal or
attorney fees.
Attached to the contract is the estimate of water installation by
the Utilities Deprtment, estimated at $2,800.00 which includes the
$30.00 permit fee.
RECOMMENDATION
Staff requests the Board of County Commissioners approve the
contract and authorize the Chairman to execute the contract.
FUNDING
Funding to be from Local Option Sales Tax Account No. 315-214-541-
066.31.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
the contract with Dolores Mary Pesce to deed the
right-of-way to the county in exchange for the
installation of water to the residence from the
existing county utility line.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
27
SEPTEMBER 12, 1995 Boos 96 rmv
KINGS HIGHWAY 1WROVEMENTS - OSLO RD. TO 26TH ST. -
AMENDMENT NO. 3
The Board reviewed the following memo dated 9/5/95:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
-•Abuc Works Director
FROM: Terry B. Thompson, P. �,� y�>
1
Capital Projects Manager
9
SUBJECT: Amendment No. 3
Kings Highway Improvements - Oslo Road to 26th Street
DATE: September 5; 1995
lGmley-Hom Associates, Inc. is under contract with Indian River County to perform
professional services for improvements to Kings Highway.
The attached Amendment No. 3 provides for expanding the project limits to include
the east and west leg of the 58th Avenue and 26th Street intersection.
Improvements include eastbound and westbound left tum lanes, stormwater
management for the eastbound leg, and a flasher convertible traffic signal.
The compensation due the Engineer for Amendment No. 3 is $10,000. This
increases the maximum amount for Roadway Design from $561,860 to $571,860.
Staff rem nmends approval of Amendment No. 3 in the amount of $10,000. Funding
is from Account 101-158-541-067.30.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
Amendment No. 3 with Kimley-Horn Associates, Inc. in
the amount of $10,000, as set out in staff's
recommendation.
AMENDMENT NO. 3 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
28
SEPTEMBER 12, 1995
CONSULTAND SELECITON - DESIGN OF PARD IlVIPROVEMENT FOR
GIFFORD, HOBART, WEST WABASSO AND FELLSMERE PARKS
The Board reviewed the following memo dated 9/5/95:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E
Public Works Director
SUBJECT: Consultant Selection - Design of Park Improvement for Gifford, Hobart,
West Wabasso, and Fellsmere Parks
DATE: September 5, 1995
DESCRIPTION AND CONDITIONS
"After proper publication of a notice to consultants stating that the County was
receiving proposals for architectural/engineering design services for the design of
the subject parks, the County received proposals from the following firms:
Creech Engineering, Inc. - Stuart & Palm City, Fl.
Culpepper and Terpening, Inc. - Ft. Pierce
Edlund and Dritenbas Architects - Vero Beach
Williams, Hatfield, & Stoner, Inc.- Pt' St. Lucie
ALTERNATIVES AND ANALYSIS
On Friday, Sept. 1, 1995, the appointed selection committee, composed of Jim
Davis, Public Works Director, Pat Callahan, Recreations Directionand Jim
Romanek, Parks Supt, reviewed the submittals. s
RECOMMENDATIONS AND FUNDING
The following prioritized list is recommended:
1) Edlund & Dritenbas Architects, Inc.
2) Culpepper & Terpening, Inc.
3) Williams, Hatfield & Stoner, Inc.
Staff recommends authorization to begin contract negotiations with the first
ranked firm.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously
authorized contract negotiations to begin with the
first ranked firm, Edlund & Dritenbas Architects,
Inc.
29
SEPTEMBER 12, 1995
WATER LINE REPLACEMENT PROTECT - HERITAGE
ESTATES/COLONIAL TERRACE - CHANGE ORDER #1 AND FINAL
PAY REQUEST
The Board reviewed the following memo dated 9/1/95:
DATE: SEPTEMBER 1, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTI ICES
PREPARED TERRY H. DRUM
AND STAFFED G.I.S. COORDINATOR
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: HERITAGE ESTATES/COLONIAL TERRACE
WATER LINE REPLACEMENT PROJECT
INDIAN RIVER COUNTY PROJECT NO. UW -95 -16 -DS
WORK AUTHORIZATION NO. 31
CHANGE ORDER NO. 1 AND FINAL PAY REQUEST
BACKGROUND
On September 21, 1993, the Board of County Commissioners approved
the award of the Labor Contract, Bid No. 4007, to Driveways, Inc.
(See attached minutes.) On June 13, 1995, the Board of County
Commissioners approved Work Authorization No. 31, Project No.
UW -95 -16 -DS, to construct the water line replacement project with
Driveways, Inc, in the amount of $46,823.97. The contractor has
completed the project and has submitted his request for final
payment, which includes an increase of $17,961.75, as reflected on
Change Order No. 1. (See attached.)
The labor cost increase is due to the lack of accurate as-builts of
the existing galvanized lines in the subject area when the system
was placed in the County service area several years ago. The
following is a list of additional items required 1) an additional
420 LF of water line replacement within the Heritage Estates
subdivision, along with service connections and fittings, 2) 419
additional linear footage of services, 3) 76 additional meter
tie-ins, 4) an increase in the amount of valves and the quantity of
fittings used as compared to original estimates, 5) 231 LF of jack
and bore piping, 6) capping 29 additional lines.
ANALYSIS
All Indian River County requirements have been met, and our testing
has been satisfactorily completed. The original labor contract
price was $46,823.97, and the final labor contract price is
$64,785.72, which includes Change Order No. 1. The contractor has
previously been paid $41,418.88. This leaves a balance of
$23,366.84.
RECOMMENDATION
The staff of the Department of Utility Services recommends_ that the
Board of County Commissioners approve the attached Change Order No.
1 -and final -pay request of -$23,366.84 to Driveways, Inc., as -payment
in full for services rendered.
30
SEPTEMBER 12, 1995
Commissioner Tippin questioned the approximate 40 percent
increase in Change Order #1, emphasizing that the cost went from
$46,823.97 to $64,785.72. He couldn't understand why the 76
additional meter tie-ins were not anticipated, because he could
have walked those two subdivisions and arrived at the exact total
of tie-ins to expect.
Utilities Director Terry Pinto explained that this is a
project that we received and took over from the City of Vero Beach.
We really don't know what is there until we get into the field and
if something is found that is different from the plans that are on
record, the change has to be made at that point. We have a
contract that covers all of the costs on an item basis. The
contract, which is bid out, covers all of the different problems
that you may find in the field.
Commissioner Tippin pointed out that in his 27 years of
experience in running a small business, he didn't believe he ever
miscalculated the cost of anything by 40 percent.
Director Pinto stated that he would get a detailed explanation
to Commissioner Tippin.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
Change Order No. 1 and final pay request of
$23,366.84 to Driveways, Inc.
CHANGE ORDER NO. 1 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
WATER AND SEWER SERVICE EXTENSIONS - 48TH PLACE AND
28TH COURT
The Board reviewed the following memo dated 8/14/95:
DATE: AUGUST 14, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANC G. PINVol
DIRECT OF UTISEVICES
PREPARED WILLI MCCAIN
AND STAFFED CAPI OJECTS E EER
BY: DE OF TY SERVICES
SUBJECT: 48TH PI AND 28TH COURT WATER AND SEWER SERVICE
EXTENSIONS
INDIAN RIVER COUNTY PROJECT NO. U{�-95-20-DS
US -95-21-M
31
SEPTEMBER 12, 1995 aoox 96 �.ATu 31
600( f Q
BACKGROUND
As part of our continuing expansion of our water and wastewater
system, we wish to provide services to a property on 48th Lane (See
attached land survey for property location.) The parcel in question
requires services for development, and we are proposing to collect
line extension charges across all of the lots when service
connections are made.
ANALYSIS
Staff intends to utilize our continuing services contract with
Driveways, Inc., for the above construction, with total project
costs as follows:
1) Labor contract $16,712.12
2) Materials 21264.77
3) 20% Contingency 3,795.38
4) Engineering and Surveying (in house) 5.000.00
Total $27,772.27
Funding for this project will be from the impact fee fund.
RECOMMENDA ION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the project as outlined above
by the authorization of purchase orders for the labor and materials.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the water and sewer service extension project for
48th Place and 28th Court and approved purchase
orders for labor and materials, as recommended by
staff.
STATE INCENTIVE OPTION
The Board reviewed the following memo dated 9/5/95:
TO: Board of County Commissioners
FROM: Carolyn K. Eggert
Chairman, Economic Development Council
DATE: September 5, 1995
SUBJECT: State Incentive Option
In reviewing with the Economic Development Council the various
state incentives, the only one that affects the County financially
is the Qualified Target Industry Tax Refund Program. Of.the up to
$5,000 tax refund per new -Job created in Florida, the County will
be responsible for 20 percent.
32
SEPTEMBER 12, 1995
Attached is an exlylaiorr of the program. The Florida
statutes related to it are on file in the Commission office.
Indian River County is not in an enterprise zone, under 50,000 in
population, or in a Metropolitan Statistical Area.
The Economic Development Council and the Council of 100 would
like to be able to offer this to the targeted industries that meet
the qualifications. A resolution would have to be passed for each
industry at the time of application, so there is no blanket okay of
this. Since a business must create at least 100 new jobs in
Florida, use in Indian River County would be limited.
Commissioner Eggert advised that the average annual wage in
Indian River County is listed as $21,174.
Commissioner Tippin understood that the County's share would
be a maximum of $120,000 for a new industry employing over 100. He
found it interesting that printing or publishing activities, which
is one of the industries we are targeting, is specifically
excluded.
Chairman Macht pointed out that the graphics industry is
growing substantially in the Treasure Coast area.
Commissioner Eggert emphasized that retail activities are
specifically excluded also.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously proclaimed
that this incentive may be offered to the targeted
industries outlined by the State that would bring in
over 100 jobs at the average wage level listed for
Indian River County.
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 9:45 a.m.
ATTEST:
J. Barton, Clerk Kenneth R. Macht, Chairman
Minutes approved on _OQ6 S
33
SEPTEMBER 12, 1995 bm 96 wv 3.3